Case: EEOC v. Stein World LLC

Equal Employment Opportunity Commission v. Stein World, LLC

EEOC v. Stein World LLC v. Ricky Bee

EEOC v. Stein World LLC v. Ricky Bee

Equal Employment Opportunity Commission v. Stein World, LLC

EEOC v. Stein World LLC v. Ricky Bee

COMPLAINT against Stein World, LLC (Filing fee $350.00) , filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(cas) (Entered: 07/26/2006)

ANSWER to Complaint, THIRD PARTY COMPLAINT against Ricky Bee, COUNTERCLAIM against Equal Employment Opportunity Commission by Stein World, LLC.(Biller, Stephen) (Entered: 08/16/2006)

MOTION to Deposit Funds Proposed Order Submitted by Stein World, LLC. (Biller, Stephen) (Entered: 08/16/2006)

NOTICE by Equal Employment Opportunity Commission Notice of Filing (Attachments: # 1 Exhibit Attachment A − Mediation Settlement Agreement)(Tuggle, Darin) (Entered: 08/18/2006)

Summons Issued as to Ricky Bee. (cas) (Entered: 08/18/2006)

TEXT−ONLY ORDER − ORDER granting 3 Motion to Deposit Funds with Clerk of the Court. Defendant is ordered to deposit $5000 with the clerk of the court.Signed by Judge Jon Phipps McCalla on 08/21/06. (McCalla, Jon) (Entered: 08/21/2006)

SETTING LETTER: Scheduling Conference set for 10/26/2006 at 10:00 AM in Courtroom 6 − Memphis before Tu M. Pham. (bdg, ) (Entered: 09/18/2006)

NOTICE by Stein World, LLC re 5 Order on Motion to Deposit Funds Notice of Tender of Funds (Attachments: # 1 Exhibit A# 2 Exhibit B)(Biller, Stephen) (Entered: 09/25/2006)

SETTING LETTER: Scheduling Conference reset for Thurs., 11/16/2006 09:45 AM (CST) in Courtroom 6 − Memphis before Tu M. Pham. (wmw, ) (Entered: 09/27/2006)

NOTICE of Appearance by Deidre Smith on behalf of Equal Employment Opportunity Commission (Smith, Deidre) (Entered: 10/04/2006)

NOTICE by Stein World, LLC of Filing of Executed Subpoena Issued to Ricky Bee (Attachments: # 1 Executed Summons Issued to Ricky Bee)(Biller, Stephen) (Entered: 10/10/2006)

NOTICE by Stein World, LLC re 11 Third Party MOTION for Default Judgment as to Third−Party Defendant, Ricky Bee (Proposed Order submitted) of Application for Entry of Default with Supporting Affidavit (Attachments: # 1 Exhibit A)(Biller, Stephen) (Entered: 10/10/2006)

MOTION to Dismiss DEFENDANT?S COUNTER CLAIM by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in Support of Motion to Dismiss# 2 Exhibit List to Motion to Dismiss# 3 Exhibit A − Mediation Settlement Agreement# 4 Exhibit Collective Exhibit B# 5 Exhibit Collective Exhibit B# 6 Exhibit Collective Exhibit B# 7 Exhibit Collective Exhibit B# 8 Exhibit C − Declaration of Dr. Darryl Weiman# 9 Exhibit D − Declaration of Ricky Bee# 10 Exhibit E − Affidavit and Certification of Mike Phillips# 11 Exhibit F − Letter from Stein World, LLC dated 9−27−05)(Tuggle, Darin) (Entered: 10/10/2006)

MOTION to Dismiss Third Party Complaint by Ricky Bee. (agj,) (Entered: 10/11/2006)

DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 11 Third Party MOTION for Default Judgment as to Third−Party Defendant, Ricky Bee (Proposed Order submitted) filed by Stein World, LLC, has been filed. However, the following deficiency has been found: : "Entry of Default" must be requested and granted before "Default Judgment" is to be considered. Motion for default judgment has been termed, as no request for entry of default has been submitted. The filer has one business day to correct the deficiency. (jae, ) (Entered: 10/11/2006)

Third Party MOTION for Default Judgment as to Entry of Default with Supporting Affidavit as to Third−Party Defendant, Ricky Bee by Stein World, LLC. (Attachments: # 1 Exhibit A)(Biller, Stephen) (Entered: 10/11/2006)

Third Party MOTION for Default Judgment as to Third−Party Defendant, Ricky Bee (proposed Order submitted) by Stein World, LLC. (Biller, Stephen) (Entered: 10/11/2006)

ORDER granting 15 Motion for Entry of Default. Default is granted as to Third Party Defendant Ricky Bee. Signed by Clerk of Court on 10/11/06. (jae, ) (Entered: 10/11/2006)

MOTION to Amend/Correct 1 Complaint Proposed Order and Amended Complaint submitted by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in Support of Motion to Amend Complaint# 2 Exhibit List to Memo in Support# 3 Exhibit A − Charge of Discrimination of Ricky Bee# 4 Exhibit B − Mediation Settlement Agreement# 5 Exhibit (Collective) − C − Unreported Cases# 6 Exhibit (Collective) − C − Unreported Cases# 7 Exhibit (Collective) − C − Unreported Cases# 8 Exhibit (Collective) − C − Unreported Cases# 9 Exhibit (Collective) − C − Unreported Cases# 10 Exhibit D − Declaration of Darryl S. Weiman, MD# 11 Exhibit E − Affidavit and Certification of Mike Phillips# 12 Certificate of Consultation)(Smith, Deidre) (Entered: 10/11/2006)

RESPONSE to Motion re 18 MOTION to Amend/Correct 1 Complaint Proposed Order and Amended Complaint submitted filed by Stein World, LLC. (Biller, Stephen) (Entered: 10/18/2006)

RESPONSE to Motion re 13 MOTION to Dismiss DEFENDANT?S COUNTER CLAIM filed by Stein World, LLC. (Attachments: # 1 Affidavit Affidavit of Correy Gex# 2 Affidavit Affidavit of Wes Ward)(Biller, Stephen) (Entered: 10/20/2006)

MOTION for Leave to File (Proposed Order Submitted) by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in Support of Motion for Leave to File a Reply# 2 Certificate of Consultation in Support of Motion for Leave to File a Reply)(Smith, Deidre) (Entered: 10/27/2006)

SCHEDULING ORDER: Amended Pleadings due by 1/8/2007. Discovery due by 8/27/2007. Joinder of Parties due by 1/8/2007. Dispositive motions due by 11/5/2007. Jury trial to last two (2) days. The Scheduling Conference set for 11/16/06 is canceled. Signed by Judge Tu M. Pham on 11/14/06. (Pham, Tu) (Entered: 11/14/2006)

REPLY to Response to Motion re 13 MOTION to Dismiss DEFENDANT?S COUNTER CLAIM filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Medical Records of Ricky Bee)(Tuggle, Darin) (Entered: 11/14/2006)

NOTICE of filing exhibit by Equal Employment Opportunity Commission re 25 Reply to Response to Motion (Attachments: # 1 Affidavit of Custodian of Medical Records Susan Wahpepah)(Tuggle, Darin) Modified on 11/16/2006 (jae, ). (Entered: 11/15/2006)

ORDER SETTING TRIAL AND PRETRIAL DATES. Signed by Judge Jon Phipps McCalla on 11/20/06. (McCalla, Jon) (Entered: 11/21/2006)

Set Deadlines/Hearings: Pretrial Order due by 1/8/2008. Jury Trial set for 1/22/2008 09:30 AM before Jon Phipps McCalla. Pretrial Conference set for 1/15/2008 09:00 AM before Jon Phipps McCalla. (jae, ) (Entered: 11/21/2006)

SETTING LETTER: Jury Trial set for 1/22/2008 09:30 AM in Courtroom 4 − Memphis before Jon Phipps McCalla. Pretrial Conference set for 1/15/2008 09:00 AM in Courtroom 4 − Memphis before Jon Phipps McCalla. Pretrial Order due by 4:30 PM on 1/8/2008.(jpw) (Entered: 11/27/2006)

NOTICE by Stein World, LLC Defendant, Stein World, LLC's Rule 26(A) Disclosure (Biller, Stephen) (Entered: 11/30/2006)

NOTICE of Appearance by Webb A. Brewer on behalf of Ricky Bee (Brewer, Webb) (Entered: 12/08/2006)

REQUEST for Production of Documents by Stein World, LLC.(Biller, Stephen) (Entered: 12/13/2006)

RESPONSE in Opposition re 13 MOTION to Dismiss DEFENDANT?S COUNTER CLAIM (Amended) filed by Stein World, LLC. (Biller, Stephen) (Entered: 12/13/2006)

RESPONSE to Discovery Request from Equal Employment Opportunity Commission by Stein World, LLC.(Biller, Stephen) (Entered: 02/09/2007)

RESPONSE to Discovery Request from Equal Employment Opportunity Commission by Stein World, LLC.(Biller, Stephen) (Entered: 02/09/2007)

RESPONSE to Discovery Request from Equal Employment Opportunity Commission by Stein World, LLC.(Biller, Stephen) (Entered: 02/12/2007)

REQUEST for Production of Documents by Stein World, LLC.(Biller, Stephen) (Entered: 02/12/2007)

Motions No Longer Referred: 16 Third Party MOTION for Default Judgment as to Third−Party Defendant, Ricky Bee (proposed Order submitted)per Magistrate Judge Chambers motion removed from Magistrate Judge Report (vlg ) (Entered: 02/23/2007)

Third Party MOTION to Set Aside Default by Ricky Bee. (Attachments: # 1 Memorandum # 2 Affidavit # 3 Supplement)(Brewer, Webb) (Entered: 02/27/2007)

RESPONSE to Motion re 37 Third Party MOTION to Set Aside Default filed by Stein World, LLC. (Biller, Stephen) (Entered: 03/07/2007)

ORDER granting 37 Motion to Set Aside Default. Signed by Judge Jon Phipps McCalla on 3/7/07. (McCalla, Jon) (Entered: 03/07/2007)

AMENDED COMPLAINT against Stein World, LLC, filed by Equal Employment Opportunity Commission. (Tuggle, Darin) (Entered: 03/15/2007)

NOTICE by Stein World, LLC re 40 REPORT AND RECOMMENDATIONS re 18 MOTION to Amend/Correct 1 Complaint Proposed Order and Amended Complaint submitted filed by Equal Employment Opportunity Commission, of Filing of Exceptions to Report and Recommendation (Biller, Stephen) (Entered: 03/16/2007)

ANSWER to Amended Complaint by Stein World, LLC.(Biller, Stephen) (Entered: 03/22/2007)

ORDER DENYING PLAINTIFF EQUAL OPPORTUNITY COMMISSION'S MOTION TO DISMISS DEFENDANT'S COUNTER CLAIM AND ORDER DENYING MOTION TO DISMISS THIRD PARTY COMPLAINT. Signed by Judge Jon Phipps McCalla on 3/27/07. (McCalla, Jon) (Entered: 03/27/2007)

MOTION to Compel United Healthcare Insurance Company (proposed order submitted) by Stein World, LLC. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Biller, Stephen) (Entered: 04/16/2007)

MOTION to Compel Third−Party Defendant, Ricky Bee (proposed Order submitted) by Stein World, LLC. (Attachments: # 1 Exhibit A)(Biller, Stephen) (Entered: 04/18/2007)

NOTICE by Stein World, LLC re 46 MOTION to Compel Third−Party Defendant, Ricky Bee (proposed Order submitted) of Withdrawal of Motion to Compel (Biller, Stephen) (Entered: 04/19/2007)

ORDER Denied as moot 46 Motion to Compel Third−Party Defendant, Ricky Bee. On April 19, 2007, defendant filed a notice with the court withdrawing its motion to compel (D.E. 46). Therefore, the motion to compel is denied as moot. Signed by Magistrate Judge Tu M. Pham on 4/19/07. (Pham, Tu) (Entered: 04/19/2007)

Plaintiff's ANSWER to Counterclaim of Defendant Stein World, LLC by Equal Employment Opportunity Commission.(Smith, Deidre) (Entered: 05/03/2007)

Third Party Defendant's ANSWER to Third Party Complaint by Ricky Bee.(Brewer, Webb) (Entered: 05/03/2007)

MOTION for Issuance of Letters Rogatory Pursuant to F.R.C.P. 28 (proposed order submitted) by Stein World, LLC. (Biller, Stephen) (Entered: 05/08/2007)

ORDER ADOPTING REPORT AND RECOMMENDATION. Signed by Judge Jon Phipps McCalla on 5/16/07. (McCalla, Jon) (Entered: 05/16/2007)

ORDER Granting 45 Defendant's Motion to Compel. United Healthcare shall provide all documents responsive to Stein World's subpoena within twenty (20) days from the date of this order. The Clerk of Order shall deliver a copy of this order, via US mail to DeDe Bergman, United Healthcare Insurance Company, 871 Ridgeway Loop, Memphis, TN 38120 and Jessica Vardian, Special Services Administrator, Network Operations, 1003 Broad Street, Suite 300, Johnstown, PA 15906. Signed by Magistrate Judge Tu M. Pham on 5/16/07. (Pham, Tu) (Entered: 05/16/2007)

RETURN RECEIPT of certified mail (#70040750000422421165) to Jessica Vardian (jae, ) (Entered: 05/25/2007)

RETURN RECEIPT of certified mail (#70040750000422421172) to De De Bergman. (jae, ) (Entered: 05/25/2007)

MOTION for Protective Order Proposed Order Submitted by United Healthcare Insurance Company. (Statum, Fred) (Entered: 06/04/2007)

ORDER Granting 57 Motion for Extension of Time to Complete Discovery. UHIC shall have until 6/12/07 to comply with the court's 5/16/07 order granting Defendant's Motion to Compel. Signed by Magistrate Judge Tu M. Pham on 6/6/07. (Pham, Tu) (Entered: 06/06/2007)

NOTICE of Appearance by William A. Cash, Jr on behalf of Equal Employment Opportunity Commission (Cash, William) (Entered: 06/08/2007)

Second MOTION to Extend Deadline Proposed Order Submitted by United Healthcare Insurance Company. (Statum, Fred) (Entered: 06/12/2007)

ORDER granting 51 Motion for Issuance of Letters Rogatory . Signed by Magistrate Judge Tu M. Pham on 06/14/2007. (wbe, ) (Entered: 06/14/2007)

Letters Rogatory Issued pursuant to 61 Order on Motion for Issuance of Letters Rogatory (wbe, ) (Entered: 06/14/2007)

ORDER Granting 60 Second Motion to Extend. UHIC shall have until 7/3/07 to comply with the Court's 5/16/07 order granting defendant's motion to compel. Signed by Magistrate Judge Tu M. Pham on 6/15/07. (Pham, Tu) (Entered: 06/15/2007)

ORDER REFERRING MOTION TO MAGISTRATE JUDGE FOR DETERMINATION: 56 MOTION for Protective Order filed by United Healthcare Insurance Company [TEXT ORDER−−NO IMAGE ASSOCIATED). Signed by Judge Jon Phipps McCalla on 6/18/07. (McCalla, Jon) (Entered: 06/18/2007)

ORDER Granting 56 Motion for Protective Order. Signed by Magistrate Judge Tu M. Pham on 6/26/07. (Pham, Tu) (Entered: 06/26/2007)

NOTICE by Stein World, LLC of Deposition of Leon Benz (Biller, Stephen) (Entered: 07/02/2007)

COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 65 Notice (Other) filed by Stein World, LLC, has been filed. For future reference, please note : More appropriate event is found under "Discovery Documents", "Notice to Take Deposition". Please review the attorney event list if unsure of event to select. Filer is not required to resubmit document. (jae, ) (Entered: 07/02/2007)

NOTICE to Take Deposition of Irma Boyce by Stein World, LLC.(Biller, Stephen) (Entered: 07/09/2007)

NOTICE to Take Deposition of Ricky Bee by Stein World, LLC.(Biller, Stephen) (Entered: 07/09/2007)

NOTICE to Take Deposition of Leon Benz (Re−Notice) by Stein World, LLC.(Biller, Stephen) (Entered: 07/19/2007)

REQUEST for Production of Documents by Stein World, LLC.(Biller, Stephen) (Entered: 07/23/2007)

REQUEST for Production of Documents by Stein World, LLC.(Biller, Stephen) (Entered: 07/24/2007)

REQUEST for Production of Documents by Stein World, LLC.(Biller, Stephen) (Entered: 07/27/2007)

MOTION for Summary Judgment by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in Support of Motion for Summary Judgment# 2 Exhibit List for Motion for Summary Judgment# 3 Exhibit No. 1 Mediation Settlement Agreement# 4 Exhibit No. 2 − Letter to Stephen Biller dated 6−14−06# 5 Exhibit Collective Exhibit No. 3 − Unreported Case − Zion Hill# 6 Exhibit Collective Exhibit No. 3 − Unreported Case − Burliso v. USA# 7 Exhibit No. 4 − Declaration of Dr. Darryl Weiman# 8 Exhibit No. 5 − Declaration of Ricky Bee# 9 Affidavit and Certification of Mike Phillips# 10 Exhibit No. 7 − Letter

NOTICE by Stein World, LLC re 74 Notice (Other), Notice (Other), Notice (Other), Notice (Other) of Filing of Response to Plaintiff's Statement of Undisputed Material Facts (Biller, Stephen) (Entered: 11/19/2007)

RESPONSE to Motion re 73 MOTION for Summary Judgment filed by Stein World, LLC. (Attachments: # 1 Exhibit A)(Biller, Stephen) (Entered: 11/19/2007)

NOTICE by Stein World, LLC re 76 Response to Motion of Filing of Defendant/Counter−Plaintiff's Statement of Undisputed Material Facts (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit Deposition Excerpts)(Biller, Stephen) (Entered: 11/19/2007)

SETTING LETTER: Telephonic Hearing re: 73 Motion for Summary Judgment by EEOC set for 12/18/2007 10:00 AM before Judge Jon Phipps McCalla. (jpw) (Entered: 12/07/2007)

CORRECTED SETTING LETTER: Telephonic Hearing re: 73 Motion for Summary Judgment by EEOC set for 12/18/*2007 10:00 AM before Judge Jon Phipps McCalla. (*Corrected date on image attached). (jpw) (Entered: 12/07/2007)

MOTION for Leave to File (Reply Brief and Proposed Order Submitted) by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in Support of Motion for leave to Reply# 2 Certificate of Consultation for Motion for Leave to Reply)(Tuggle, Darin) (Entered: 12/14/2007)

RESPONSE to Motion re 80 MOTION for Leave to File (Reply Brief and Proposed Order Submitted) MOTION for Leave to File (Reply Brief and Proposed Order Submitted) filed by Stein World, LLC. (Biller, Stephen) (Entered: 12/14/2007)

TEXT−ONLY ORDER GRANTING 80 Motion for Leave to File Reply. *No image associated with this Order.*Signed by Judge Jon Phipps McCalla on 12/17/07. (McCalla, Jon) (Entered: 12/17/2007)

REPLY to Response to Motion re 73 MOTION for Summary Judgment filed by Ricky Bee, Equal Employment Opportunity Commission. (Attachments: # 1 # 2)(Tuggle, Darin) (Entered: 12/17/2007)

Minute Entry for proceedings held before Judge Jon Phipps McCalla: Telephonic Hearing re: 73 held on 12/18/2007. Motion heard and taken under advisement. Plaintiff to file final submittal by 12/21/2007. Defendant to file response by 12/28/2007. (EEOC: Darin Tuggle, Deidre Smith, William Cash) (Stein World: Stephen Biller) (Ricky Bee: Webb Brewer) (Court Reporter: Brenda Parker) (jpw) (Entered: 12/18/2007)

ORDER FOLLOWING TELEPHONIC HEARING; ORDER ON SUPPLEMENTAL BRIEFING. Signed by Judge Jon Phipps McCalla on 12/18/07. (McCalla, Jon) (Entered: 12/18/2007)

NOTICE by Stein World, LLC of Filing of Affidavit (Attachments: # 1 Affidavit of Leon Benz)(Biller, Stephen) (Entered: 12/21/2007)

NOTICE by Equal Employment Opportunity Commission Rule 26(a)(3) Disclosures (Tuggle, Darin) (Entered: 12/21/2007)

NOTICE by Stein World, LLC re 88 Reply to Response to Motion, of Filing of Response to Plaintiff's and Third−Party Defendant's Joint Supplemental Reply to Defendant's Response to Plaintiff's Motion for Summary Judgment (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Biller, Stephen) (Entered: 12/27/2007)

NOTICE by Stein World, LLC re 87 Notice (Other) of Filing of Objections to Plaintiff/Counter−Defendant's Pretrial Disclosures of Exhibits and Witnesses (Attachments: # 1 Exhibit A)(Biller, Stephen) (Entered: 12/27/2007)

NOTICE by Stein World, LLC of Filing of 26(a)(3) PreTrial Disclosures of Exhibits and Witnesses (Biller, Stephen) (Entered: 01/04/2008)

MOTION in Limine (Proposed Order Submitted) by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in Support of Motion in Limine)(Tuggle, Darin) (Entered: 01/07/2008)

MOTION to Strike (Proposed Order Submitted) by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in Support of Motion to Strike Untimely Filed PreTrial Disclosures)(Tuggle, Darin) (Entered: 01/07/2008)

RESPONSE to Motion re 93 MOTION to Strike (Proposed Order Submitted) filed by Stein World, LLC. (Biller, Stephen) (Entered: 01/07/2008)

RESPONSE to Motion re 92 MOTION in Limine (Proposed Order Submitted) filed by Stein World, LLC. (Biller, Stephen) (Entered: 01/07/2008)

Proposed Pretrial Order (Joint) by Equal Employment Opportunity Commission. (Tuggle, Darin) (Entered: 01/08/2008)

Proposed Jury Instructions by Stein World, LLC. (Attachments: # 1 Verdict Form A, # 2 Verdict Form B, # 3 Verdict Form C)(Biller, Stephen) (Entered: 01/08/2008)

Proposed Voir Dire by Stein World, LLC. (Biller, Stephen) (Entered: 01/08/2008)

MOTION in Limine (Proposed Order Submitted) by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A − Charge of Discrimination, # 3 Exhibit B − Mediation Settlement Agreement, # 4 Exhibit C − Unreported Case)(Tuggle, Darin) (Entered: 01/08/2008)

MOTION in Limine (Proposed Order Submitted) by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A − Charge of Discrimination, # 3 Exhibit B − Mediation Settlement Agreement)(Tuggle, Darin) (Entered: 01/08/2008)

MOTION in Limine (Proposed Order Submitted) by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in Support, # 2 Exhibit − Unreported Case)(Tuggle, Darin) (Entered: 01/08/2008)

MOTION in Limine (Proposed Order Submitted) by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in Support)(Tuggle, Darin) (Entered: 01/08/2008)