Case: EEOC v. Kimball International, Inc. d/b/a Flexcel

2:05-cv-00371 | U.S. District Court for the District of Idaho

Filed Date: Sept. 14, 2005

Closed Date: June 21, 2007

Clearinghouse coding complete

Case Summary

On September 14, 2005, the Equal Employment Opportunity Commission (EEOC) filed this suit in the U.S. District Court for the District of Idaho. The EEOC sued Kimball International, Inc., doing business as Flexcel, under the Age Discrimination in Employment Act (ADEA). The EEOC sought injunctive relief and back pay on behalf of a Flexcel employee alleging age discrimination.

On June 29, 2006, the defendant filed a motion for summary judgment. On February 1, 2007, District Judge Edward L. Lodge granted the defendant’s motion and dismissed the case in its entirety.

On March 30, 2007, the EEOC filed an appeal. The appeal was voluntarily dismissed on June 21, 2007.

The case is now closed.

Summary Authors

Aaron Weismann (7/17/2007)

Ashton Dubey (11/15/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4698091/parties/equal-employment-opportunity-commission-v-kimball-international-inc/


Documents in the Clearinghouse

Documents in this case

07-35403

Docket [USCA]

U.S. Court of Appeals for the Ninth Circuit

May 18, 2007

May 18, 2007

Docket

2:05-cv-00371

Docket

May 23, 2007

May 23, 2007

Docket
1

2:05-cv-00371

Complaint

Sept. 14, 2005

Sept. 14, 2005

Complaint
41

2:05-cv-00371

Memorandum Order

Feb. 1, 2007

Feb. 1, 2007

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4698091/equal-employment-opportunity-commission-v-kimball-international-inc/

Last updated March 21, 2026, 4:51 a.m.

ECF Number Date Description Link
1 Sept. 14, 2005

COMPLAINT against Kimball International, Inc. Summons Issued, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(jlg, ) (Entered: 09/16/2005)

RECAP
2 Sept. 16, 2005

NOTICE of Case Number Change re 1 Complaint. Old case number CV 05-371-S-LMB, new case number CV 05-371-N-LMB. (jlg, )

RECAP
3 Sept. 16, 2005

NOTICE of Assignment to Magistrate Judge and Requirement for Consent sent to counsel for Equal Employment Opportunity Commission re 1 Complaint (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg, )

RECAP
4 Sept. 21, 2005

ORDER - Parties to discuss Litigation Plan within 60 days. Litigation Plan and consent forms to be filed within 90 days of this order or Plaintiff shall submit a written report advising of the status of this case. Plaintiff shall serve this order on parties not represented on the Court's Certificate of Mailing. Signed by Judge Larry M. Boyle. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg, )

RECAP
5 Oct. 13, 2005

ANSWER to Complaint by Kimball International, Inc..(Fulgham, Mischelle)

RECAP
6 Oct. 17, 2005

NOTICE of Assignment to Magistrate Judge and Requirement for Consent sent to counsel for Kimball International, Inc. re 5 Answer to Complaint (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by wm, )

RECAP
7 Oct. 18, 2005

APPLICATION AND APPROVAL FOR ADMISSION PRO HAC VICE, Attorney Timothy P Reilly for Kimball International, Inc. added. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by wm, )

RECAP
8 Nov. 3, 2005

NOTICE of Substitution - Attorney Terryl T Healy and Kathryn Olson terminated. (Katahira, Wesley)

RECAP
9 Dec. 15, 2005

STIPULATION LITIGATION PLAN by Equal Employment Opportunity Commission. (Katahira, Wesley)

RECAP
10 Dec. 16, 2005

SCHEDULING CONFERENCE FORM - LITIGATION PLAN by Equal Employment Opportunity Commission. (Katahira, Wesley)

RECAP
Dec. 16, 2005

CORRECTIVE ENTRY - The entry docket number 9 Stipulation filed by Equal Employment Opportunity Commission, was filed using the incorrect event. The filing party shall re-submit their correct filing using the event "Scheduling Conf Form/Litigation Plan". (jlg, )

11 Dec. 29, 2005

DOCKET TEXT NOTICE: Parties shall file their Consent Elections(Refer to Doc. 2 and Doc. 6) Prior to a Telephone Scheduling being set. (lc, )

RECAP
12 Dec. 30, 2005

CONSENT filed. (jlg, ) (Entered: 01/04/2006)

RECAP
13 Jan. 11, 2006

AN OBJECTION TO A US MAGISTRATE JUDGE HAS BEEN FILED IN THIS CASE. (jlg, )

RECAP
14 Jan. 11, 2006

NOTICE of Case Number Change re 13 Objection to Consent to Proceed before a US Magistrate Judge. New case number is CV 05-371-N-EJL. (jlg, )

RECAP
15 Jan. 12, 2006

SCHEDULING ORDER Amended Pleadings due by 2/28/2006. Final Discovery due by 5/31/2006. Joinder of Parties due by 2/28/2006. Mediation to take place by 6/1/2006. Pre-Trial Motions due by 6/30/2006. Jury Trial set for 12/12/2006 09:30 AM in Coeur d Alene, ID before Honorable Edward J. Lodge. All non-dispositive pretrial matters are referred to US Magistrate Judge Larry M. Boyle. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg, )

RECAP
16 May 10, 2006

DOCKET ENTRY ORDER: Per the oral request of counsel, the deadline to participate in mediation shall be extend to September 15, 2006. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dmc, )

RECAP
17 June 29, 2006

MOTION for Summary Judgment by Kimball International, Inc.. Responses due by 7/24/2006 (Fulgham, Mischelle)

RECAP
18 June 29, 2006

MEMORANDUM in Support re 17 MOTION for Summary Judgment filed by Kimball International, Inc.. (Fulgham, Mischelle)

RECAP
19 June 29, 2006

Statement of Material Facts re 17 MOTION for Summary Judgment filed by Kimball International, Inc.. (Fulgham, Mischelle)

RECAP
20 June 29, 2006

DECLARATION of Mischelle R. Fulgham re 17 MOTION for Summary Judgment filed by Kimball International, Inc.. (Fulgham, Mischelle)

RECAP
21 June 29, 2006

DECLARATION of Timothy Mongan re 17 MOTION for Summary Judgment filed by Kimball International, Inc.. (Fulgham, Mischelle)

RECAP
22 June 29, 2006

DECLARATION of Philip Stucke re 17 MOTION for Summary Judgment filed by Kimball International, Inc.. (Fulgham, Mischelle)

RECAP
23 June 29, 2006

DECLARATION of Cindy Avery re 17 MOTION for Summary Judgment filed by Kimball International, Inc.. (Fulgham, Mischelle)

RECAP
24 June 29, 2006

DECLARATION of Shari Sinsley re 17 MOTION for Summary Judgment filed by Kimball International, Inc.. (Fulgham, Mischelle)

RECAP
25 June 29, 2006

DECLARATION of Melissa Davaz re 17 MOTION for Summary Judgment filed by Kimball International, Inc.. (Fulgham, Mischelle)

RECAP
26 June 29, 2006

DECLARATION of Cathy Fleetwood re 17 MOTION for Summary Judgment filed by Kimball International, Inc.. (Fulgham, Mischelle)

RECAP
27 June 29, 2006

DECLARATION of Kenneth Freeman re 17 MOTION for Summary Judgment filed by Kimball International, Inc.. (Fulgham, Mischelle)

RECAP
28 July 24, 2006

RESPONSE to Motion re 17 MOTION for Summary Judgment Filed June 29, 2006 filed by Equal Employment Opportunity Commission. Replies due by 8/7/2006. (Katahira, Wesley)

RECAP
29 July 24, 2006

Statement OF FACTS re 17 MOTION for Summary Judgment FILED JUNE 29, 2006 filed by Equal Employment Opportunity Commission. (Katahira, Wesley)

RECAP
30 July 24, 2006

DECLARATION of Wesley Katahira re 28 Response to Motion filed by Equal Employment Opportunity Commission In Support of EEOC's Response to the Motion for Summary Judgment filed 6/29, 2006. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10# 11 Exhibit 11# 12 Exhibit 12# 13 Exhibit 13# 14 Exhibit 14# 15 Exhibit 15# 16 Exhibit 16# 17 Exhibit 17# 18 Exhibit 18# 19 Exhibit 19# 20 Exhibit 20# 21 Exhibit 21# 22 Exhibit 22# 23 Exhibit 23# 24 Exhibit 24# 25 Exhibit 25# 26 Exhibit 26# 27 Exhibit # 28 Exhibit 28# 29 Exhibit 29# 30 Exhibit 30# 31 Exhibit 31# 32 Exhibit 32# 33 Exhibit 33# 34 Exhibit 34# 35 Exhibit 35)(Katahira, Wesley)

RECAP
31 July 24, 2006

DECLARATION of Robert Zychek re 28 Response to Motion filed by Equal Employment Opportunity Commission Filed June 29, 2006. (Katahira, Wesley)

RECAP
32 July 24, 2006

DECLARATION of Russell St. Germain re 28 Response to Motion filed by Equal Employment Opportunity Commission Filed June 29, 2006. (Katahira, Wesley)

RECAP
33 July 24, 2006

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 28 Response to Motion Filed June 29, 2006 (Katahira, Wesley)

RECAP
34 Aug. 7, 2006

MOTION to Strike 29 Statement by Kimball International, Inc.. Responses due by 8/31/2006 (Attachments: # 1Memorandum in Support)(Fulgham, Mischelle) . Modified on 8/7/2006 (wm, ).

RECAP
35 Aug. 7, 2006

REPLY to Response to Motion re 17 MOTION for Summary Judgment filed by Kimball International, Inc.. (Attachments: # 1 Declaration of Debra Williams)(Fulgham, Mischelle)

RECAP
36 Aug. 16, 2006

RESPONSE to Motion re 34 MOTION to Strike 29 Statement of Material Facts in Support of EEOC's Response to the Motion for Summary Judgment Filed on August 7, 2006 filed by Equal Employment Opportunity Commission. Replies due by 8/30/2006. (Katahira, Wesley)

RECAP
37 Aug. 25, 2006

REPLY to Response to Motion re 34 MOTION to Strike 29 Statement of Material Facts in Support of the EEOC's Response to the Motion for Summary Judgment Filed on August 7, 2006 filed by Kimball International, Inc.. (Fulgham, Mischelle)

RECAP
38 Aug. 25, 2006

MOTION to Continue Extend Deadline for Mediation by Kimball International, Inc.. Responses due by 9/18/2006 (Attachments: # 1 Declaration of Mischelle R. Fulgham in Support of Motion)(Fulgham, Mischelle)

RECAP
39 Aug. 30, 2006

ORDER granting 38 Motion to extend deadline for mediation. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks, )

RECAP
40 Oct. 23, 2006

Docket Entry NOTICE PLEASE TAKE NOTICE that the Jury Trial set for Tuesday, December 12, 2006, IS HEREBY VACATED pending the outcome of the Summary Judgment Motion. (cv, )

RECAP
41 Feb. 1, 2007

MEMORANDUM ORDER denying as moot 34 Motion to Strike ; Granting 17 Motion for Summary Judgment. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jg, )

RECAP
42 Feb. 1, 2007

JUDGMENT that Plaintiff take nothing from Defendant and this case is DISMISSED IN ITS ENTIRETY.. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jg, )

RECAP
43 March 30, 2007

NOTICE OF APPEAL as to 42 Judgment, 41 Order on Motion to Strike, Order on Motion for Summary Judgment,, by Equal Employment Opportunity Commission. (Notice sent by e-mail to Court Reporter) (Attachments: # 1 Civil Appeals Docketing Statement# 2 Representation Statement# 3 Judgment# 4 Memorandum Order# 5 Certificate of Service)(Lee, Damien)

RECAP
44 May 15, 2007

NOTICE OF APPEAL NOTIFICATION FORM re 43 Notice of Appeal, (jg, )

RECAP
45 May 15, 2007

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 43 Notice of Appeal, (jg, )

RECAP
46 May 15, 2007

CERTIFICATE of Record on Appeal re 43 Notice of Appeal, No Transcripts Necessary. (jg, )

RECAP
47 May 23, 2007

USCA Case Number 07-35403 for 43 Notice of Appeal, filed by Equal Employment Opportunity Commission. (jg, ) (Entered: 05/24/2007)

RECAP
48 May 23, 2007

USCA Scheduling Order as to 43 Notice of Appeal, filed by Equal Employment Opportunity Commission. (Notice sent by e-mail to Court Reporter) (jg, ) (Entered: 05/24/2007)

RECAP
49 June 25, 2007

ORDER of USCA as to 43 Notice of Appeal, filed by Equal Employment Opportunity Commission Pursuant to the Stipulation of the parties, this appeal is voluntarily dismissed. The parties shall bear their own costs and attorney fees on appeal.(jg, ) (Entered: 06/26/2007)

RECAP

Case Details

State / Territory:

Idaho

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 14, 2005

Closing Date: June 21, 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Private Entity/Person

Kimball International, Inc.

Case Details

Causes of Action:

Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.

Other Dockets:

District of Idaho 2:05-cv-00371

U.S. Court of Appeals for the Ninth Circuit 07-35403

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

Discrimination Area:

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Discrimination Basis:

Age discrimination

EEOC-centric:

Direct Suit on Merits

Recommended Citation