Case: EEOC v. Acepex Management Corporation

Yolanda Carrillo v. Acepex Management Company

EEOC and Yolando Carrillo v. Acepex Management Corporation

EEOC and Yolanda Carrillo v. Acepex Mangagement Corporation

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT and jury trial demand against Acepex Management Corporation Summons Issued, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(bpm, ) (Entered: 09/29/2005)

1 Civil Cover Sheet

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ORDER REFERRING CASE to Magistrate Judge Craig B Shaffer by Judge Blackburn. (rebsec, ) (Entered: 09/30/2005)

ORDER setting Rule 16(b) Scheduling Conference and Rule 26(f) Planning Meeting set for 12/19/2005 09:15 AM in Courtroom A 402 before Magistrate Judge Craig B Shaffer. Signed by Magistrate Judge Craig B Shaffer on 10/5/05. (dlb, ) (Entered: 10/05/2005)

WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Acepex Management Corporation waiver sent on 9/30/2005, answer due 11/29/2005. (Kittle, Rita) (Entered: 11/03/2005)

MOTION to Intervene by Interested Party Yolando Carrillo. (Attachments: # 1 Complaint in Intervention)(Evangelisti, John) (Entered: 11/04/2005)

1 Complaint in Intervention

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MEMORANDUM referring to Magistrate Judge Shaffer : 5 MOTION to Intervene filed by Yolando Carrillo, by Judge Robert E. Blackburn on 11/4/05. (Text Only Entry - No Document Attached) (rebsec, ) (Entered: 11/04/2005)

MOTION to Consolidate Cases [04-cv-02419-WDM-OES and 05-cv-01883-REB-CBS] by Defendant Acepex Management Corporation. (Attachments: # 1 Exhibit # 2 Proposed Order (PDF Only))(Lipstein, Evan) (Modified on 11/10/2005 to clarify entry) (dlb, ). (Entered: 11/09/2005)

1 Exhibit

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2 Proposed Order (PDF Only)

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ANSWER to Complaint, THIRD PARTY COMPLAINT against Gary Cordova by Acepex Management Corporation.(Lipstein, Evan) (Entered: 11/15/2005)

MINUTE ORDER granting 5 MOTION to Intervene by Interested Party Yolando Carrillo and the Clerk's office is instructed to accept for filing Pla's Carillos' complaint in intervention by Magistrate Judge Craig B Shaffer on 11/16/05. (dlb, ) (Entered: 11/16/2005)

INTERVENOR COMPLAINT against ACEPEX Management Corporation, filed by Yolando Carrillo.(dlb, ) (Entered: 11/16/2005)

ANSWER to Intervenor Complaint by Acepex Management Corporation.(Lipstein, Evan) (Entered: 11/29/2005)

NOTICE of Entry of Appearance by Ann Louise Fuller on behalf of Equal Employment Opportunity Commission (Fuller, Ann) (Entered: 12/01/2005)

Unopposed MOTION for Extension of Time to File Response/Reply to Defendant's Motion to Consolidate [Dkt #7] by Plaintiff Equal Employment Opportunity Commission. (Kittle, Rita) (Entered: 12/01/2005)

Minute ORDER granting Plaintiff's Unopposed 13 Motion for Extension of Time to File Response to 7 First MOTION to Consolidate Cases to 12/9/05, by Judge Robert E. Blackburn on 12/2/05. (gms, ) (Entered: 12/02/2005)

Docket Annotation re: 12 Notice of Entry of Appearance. Attorney Ann Louise Fuller for Equal Employment Opportunity Commission added [not linked properly during filing]. Text only entry - no document attached. (dlb, ) (Entered: 12/05/2005)

Docket Annotation re: 14 Minute ORDER granting Plaintiff's Unopposed 13 Motion for Extension of Time to File Response to 7 First MOTION to Consolidate Cases to 12/9/05, by Judge Robert E. Blackburn on 12/2/05 resent. Text only entry - no document attached. (dlb, ) (Entered: 12/05/2005)

SUMMONS Returned Executed by Acepex Management Corporation. Gary Cordova served on 11/25/2005, answer due 12/15/2005. (Lipstein, Evan) (Entered: 12/05/2005)

RESPONSE to Motion re 7 First MOTION to Consolidate Cases filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit)(Kittle, Rita) (Entered: 12/09/2005)

1 Exhibit

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REPLY to Response to Motion re 7 First MOTION to Consolidate Cases filed by ThirdParty Plaintiff Acepex Management Corporation, Defendant Acepex Management Corporation. (Lipstein, Evan) (Entered: 12/14/2005)

Unopposed MOTION for Extension of Time to File Answer re 8 Answer to Complaint, Third Party Complaint by ThirdParty Defendant Gary Cordova. (Attachments: # 1)(Lighthall, Maria) (Entered: 12/14/2005)

1 Attachment

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MEMORANDUM referring to Magistrate Judge Shaffer : 20 Unopposed MOTION for Extension of Time to File Answer re 8 Answer to Complaint, Third Party Complaint filed by Gary Cordova, by Judge Robert E. Blackburn on 12/14/05. (Text Only Entry - No Document Attached) (rebsec, ) (Entered: 12/14/2005)

MINUTE ORDER granting 20 Motion for Extension of Time to Answer re 8 Third Party Complaint Gary Cordova answer due 1/6/2006 by Magistrate Judge Craig B Shaffer on 12/15/05. (dlb, ) (Entered: 12/15/2005)

MINUTE ORDER resetting Scheduling Conference set for 1/18/2006 08:30 AM in Courtroom A 402 before Magistrate Judge Craig B Shaffer by Magistrate Judge Craig B Shaffer on 12/16/05. (dlb, ) (Entered: 12/16/2005)

Unopposed MOTION for Extension of Time to File Answer re 8 Third Party Complaint by ThirdParty Defendant Gary Cordova. (Attachments: # 1 Proposed Order (PDF Only))(Lewis, Brian) (Modified on 1/9/2006 to clarify entry) (dlb, ). (Entered: 01/06/2006)

1 Proposed Order (PDF Only)

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MEMORANDUM referring to Magistrate Judge Shaffer : 24 Unopposed MOTION for Extension of Time to File Answer re 8 Answer to Complaint, Third Party Complaint filed by Gary Cordova, by Judge Robert E. Blackburn on 1/9/06. (Text Only Entry - No Document Attached)(rebsec, ) (Entered: 01/09/2006)

ORDER granting 24 Motion for Extension of Time to Answer re 8 Third Party Complaint Gary Cordova answer due 1/13/2006. Signed by Magistrate Judge Craig B Shaffer on 1/9/06. (dlb, ) (Entered: 01/09/2006)

Proposed Scheduling Order by Intervenor Plaintiff Yolando Carrillo, Plaintiff Equal Employment Opportunity Commission, ThirdParty Plaintiff Acepex Management Corporation, ThirdParty Defendant Gary Cordova, Defendant Acepex Management Corporation. (Evangelisti, John) (Entered: 01/12/2006)

TRIAL PREPARATION CONFERENCE ORDER: Five (5) Day Jury Trial set for 3/26/2007 08:30 AM in Courtroom A 701 before Judge Robert E. Blackburn. Trial Preparation Conference set for 3/9/2007 at 09:30 AM in Courtroom A 701 before Judge Robert E. Blackburn. Signed by Judge Robert E. Blackburn on 1/18/06. (dlb, ) (Entered: 01/18/2006)

Minute Entry (Courtroom Minutes) for proceedings held before Magistrate Judge Craig B Shaffer : Scheduling Conference held on 1/18/2006. Discovery due by 7/30/2006. Dispositive Motions due by 8/31/2006. Settlement Conference set for 5/4/2006 09:30 AM in Courtroom A 402 before Magistrate Judge Craig B Shaffer. Updated Settlement Statements due 04/27/2006. Final Pretrial Conference set for 1/9/2007 09:15 AM in Courtroom A 402 before Magistrate Judge Craig B. Shaffer.(Court Reporter FTR/Ellen E. Miller) (cbscd ) (Entered: 01/18/2006)

SCHEDULING ORDER:Signed by Magistrate Judge Craig B Shaffer on 01/18/2006. (cbscd) (Entered: 01/18/2006)

MOTION to Withdraw as Attorney And Substitution of Counsel by ThirdParty Defendant Gary Cordova. (Attachments: # 1 Proposed Order (PDF Only))(Brake, Andrew) (Entered: 02/28/2006)

1 Proposed Order (PDF Only)

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MEMORANDUM referring to Magistrate Judge Shaffer : 31 MOTION to Withdraw as Attorney And Substitution of Counsel filed by Gary Cordova, by Judge Robert E. Blackburn on 2/28/06. (Text Only Entry - No Document Attached) (rebsec, ) (Entered: 02/28/2006)

ORDER granting 31 MOTION to Withdraw as Attorney Maria T. Lighthall and Lee T. Judd as Counsel for Gary Cordova . Signed by Magistrate Judge Craig B Shaffer on 3/3/06. (dlb, ) (Entered: 03/03/2006)

MOTION For Extension of Time to RESPOND TO DISCOVERY by ThirdParty Plaintiff Acepex Management Corporation, Defendant Acepex Management Corporation. (Attachments: # 1 Proposed Order (PDF Only))(Lipstein, Evan) (Entered: 03/06/2006)

1 Proposed Order (PDF Only)

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MEMORANDUM referring to Magistrate Judge Shaffer : 34 MOTION For Extension of Time to RESPOND TO DISCOVERY filed by Acepex Management Corporation, by Judge Robert E. Blackburn on 3/6/06. (Text Only Entry - No Document Attached) (rebsec, ) (Entered: 03/06/2006)

RESPONSE to Motion re 34 MOTION For Extension of Time to RESPOND TO DISCOVERY And Request for Expedited Ruling filed by Plaintiff Equal Employment Opportunity Commission. (Kittle, Rita) (Entered: 03/07/2006)

REPLY to Response to Motion re 34 MOTION For Extension of Time to RESPOND TO DISCOVERY filed by Defendant Acepex Management Corporation. (Attachments: # 1 Pages Attachment)(Lipstein, Evan) (Entered: 03/08/2006)

1 Pages Attachment

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Minute Entry for proceedings held before Judge Craig B Shaffer : Motion Hearing held on 3/8/2006 re 34 MOTION For Extension of Time to RESPOND TO DISCOVERY by ThirdParty Plaintiff is granted to 3/17/06. (Court Reporter FTR - Ellen E. Miller.) (dlb, ) (Entered: 03/08/2006)

ORDER: 34 MOTION For Extension of Time to RESPOND TO DISCOVERY by ThirdParty Plaintiff is granted to 3/17/06 pursuant to courtroom minutes by Magistrate Judge Craig B Shaffer on 3/8/06. [Text Only Order - No Document Attached]. (dlb, ) (Modified on 3/8/2006 to add verbiage) (dlb, ). (Entered: 03/08/2006)

ORDER denying leave to proceed in forma pauperis on appeal. Signed by Judge Wiley Y. Daniel on 3/14/06. (djs, ) (Entered: 03/14/2006)

Docket Annotation re: 40 Order denying leave to proceed in forma pauperis on appeal was filed in this case in error. Text only entry - no document attached. (djs, ) (Entered: 03/14/2006)

NOTICE of Voluntary Dismissal of Party Gary Cordova by ThirdParty Plaintiff Acepex Management Corporation, Defendant Acepex Management Corporation (Lipstein, Evan) (Entered: 04/11/2006)

ORDER approving 42 NOTICE of Voluntary Dismissal of Third-Party Plaintiff and Third-Party Defendant. Signed by Judge Robert E. Blackburn on 4/11/06. (dlb, ) (Entered: 04/11/2006)

MINUTE ORDER : Telephonic Discovery/In Court Hearing set for 4/27/2006 at 03:45 PM before Magistrate Judge O. Edward Schlatter, by Magistrate Judge Craig B Shaffer on 4/21/06. (gms, ) (Entered: 04/21/2006)

MINUTE ORDER: Vacating Telephonic Discovery/In Court Hearing 04/27/2006 by Magistrate Judge Craig B Shaffer on 4/26/06. (dln, ) (Entered: 04/26/2006)

Docket Annotation: Motions terminated: 7 MOTION to Consolidate Cases [04-cv-02419-WDM-OES and 05-cv-01883-REB-CBS] by Defendant. [LEAD Case No. 04-cv-02419 Dismissed by Order [#56] on 3/17/06]. Text only entry - no document attached. (dln, ) (Entered: 04/27/2006)

MOTION for Protective Order by Defendant Acepex Management Corporation. (Attachments: # 1 Exhibit Exhibit 1# 2 Exhibit Exhibit 2# 3 Exhibit Exhibit 3# 4 Exhibit Exhibit 4# 5 Exhibit Exhibit 5# 6 Exhibit Exhibit 6# 7 Proposed Order (PDF Only))(Lipstein, Evan) (Entered: 04/28/2006)

1 Exhibit Exhibit 1

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2 Exhibit Exhibit 2

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3 Exhibit Exhibit 3

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4 Exhibit Exhibit 4

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5 Exhibit Exhibit 5

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6 Exhibit Exhibit 6

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7 Proposed Order (PDF Only)

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MINUTE ORDER : Telephonic Discovery/Status Conference reset for 5/2/2006 08:30 AM before Magistrate Judge Craig B Shaffer by Magistrate Judge Craig B Shaffer on 4/28/06. (dln, ) (Entered: 04/28/2006)

MEMORANDUM referring to Magistrate Judge Shaffer : 47 MOTION for Protective Order by Defendant (Text Only Entry - No Document Attached) by Judge Robert E. Blackburn on 4/28/06. (dln, ) (Entered: 04/28/2006)

First MOTION to FOR ORDER FOR MENTAL EXAMINATION by Defendant Acepex Management Corporation. (Attachments: # 1 Proposed Order (PDF Only))(Lipstein, Evan) (Entered: 05/01/2006)

1 Proposed Order (PDF Only)

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MEMORANDUM referring to Magistrate Judge Shaffer : 50 First MOTION to FOR ORDER FOR MENTAL EXAMINATION filed by Acepex Management Corporation, by Judge Robert E. Blackburn on 5/1/06. (Text Only Entry - No Document Attached) (rebsec, ) (Entered: 05/01/2006)

RESPONSE to Motion re 50 First MOTION to FOR ORDER FOR MENTAL EXAMINATION INTERVENOR?S RESPONSE TO DEFENDANT?S MOTION FOR ORDER FOR MENTAL EXAMINATION filed by Intervenor Plaintiff Yolando Carrillo. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B)(Hall, Gregory) (Entered: 05/02/2006)

1 Exhibit Exhibit A

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2 Exhibit Exhibit B

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Minute Entry for proceedings held before Judge Craig B Shaffer : Status Conference held on 5/2/2006 re 47 MOTION for Protective Order by Defendant and 50 First MOTION to FOR ORDER FOR MENTAL EXAMINATION by Defendant are denied without prejudice. Discovery due by 8/30/2006. Dispositive Motions due by 9/30/2006. Settlement Conference set for 5/4/2006 09:30 AM before Magistrate Judge Craig B Shaffer. Final Pretrial Conference set for 1/9/2007 09:15 AM before Magistrate Judge Craig B Shaffer. (Court Reporter FTR - Ellen E. Miller.) (dln, ) (Entered: 05/02/2006)

ORDER: 47 MOTION for Protective Order by Defendant and 50 First MOTION to FOR ORDER FOR MENTAL EXAMINATION by Defendant are denied without prejudice pursuant to courtroom minutes by Magistrate Judge Craig B Shaffer on 5/2/06. [Text Only Order - No Document Attached]. (dln, ) (Entered: 05/02/2006)

MINUTE ORDER : Discovery due by 9/30/2006. Dispositive Motions due by 10/31/2006 by Magistrate Judge Craig B Shaffer on 5/5/06. (dln, ) (Entered: 05/05/2006)

Minute Entry for proceedings held before Judge Craig B Shaffer : Settlement Conference held on 5/5/2006 (Court Reporter None.) (dln, ) (Entered: 05/05/2006)

MINUTE ORDER: Telephonic Discovery Dispute Hearing/Status Conference set for 5/18/2006 01:30 PM before Magistrate Judge Boyd N. Boland by Magistrate Judge Craig B Shaffer on 5/15/06. (dln, ) (Entered: 05/15/2006)

DECLARATION of Richard Peter Martinez regarding First MOTION to FOR ORDER FOR MENTAL EXAMINATION 50 by Defendant Acepex Management Corporation. (Lipstein, Evan) (Entered: 05/17/2006)

AMENDED Declaration of Richard Peter Martinez re: 50 First MOTION to FOR ORDER FOR MENTAL EXAMINATION by Defendant Acepex Management Corporation. (Attachments: # 1 Exhibit Curriculum Vitae# 2 Proposed Order (PDF Only) for Mental Examination)(Lipstein, Evan) (Modified on 5/18/2006 to correct linkage)(dln, ). (Entered: 05/17/2006)

1 Exhibit Curriculum Vitae

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2 Proposed Order (PDF Only) for Mental Examination

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Minute Entry for proceedings held before Judge Craig B Shaffer : Telephonic Discovery Dispute/Status Conference held on 5/18/2006 (Court Reporter FTR - Ellen Miller.) (dln, ) (Entered: 05/19/2006)

Second MOTION to Order Mental Examination by Defendant Acepex Management Corporation. (Attachments: # 1 Proposed Order (PDF Only) for Mental Examination)(Lipstein, Evan) (Entered: 05/19/2006)

1 Proposed Order (PDF Only) for Mental Examination

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MEMORANDUM referring to Magistrate Judge Shaffer : 61 Second MOTION to Order Mental Examination filed by Acepex Management Corporation, by Judge Robert E. Blackburn on 5/19/06. (Text Only Entry - No Document Attached)(rebsec, ) (Entered: 05/19/2006)

MINUTE ORDER Setting Hearing on Motion 61 Second MOTION to Order Mental Examination by Defendant. Motion Hearing set for 7/10/2006 01:30 PM in Courtroom A 402 before Magistrate Judge Craig B Shaffer by Magistrate Judge Craig B Shaffer on 5/23/06. (dln, ) (Entered: 05/23/2006)

MOTION For Extension of Time to File FRE 702 Motions by Plaintiff Equal Employment Opportunity Commission. (Fuller, Ann) (Entered: 05/31/2006)

MINUTE ORDER granting to 10/11/06 64 MOTION For Extension of Time to File FRE 702 Motions by Plaintiff by Judge Robert E. Blackburn on 6/1/06. (dln, ) (Entered: 06/01/2006)

MINUTE ORDER : RESETTING Motion Hearing set for 6/27/2006 04:00 PM in Courtroom A 402 before Magistrate Judge Craig B Shaffer by Magistrate Judge Craig B Shaffer on 6/1/06. (dln, ) (Entered: 06/01/2006)

RESPONSE to Motion re 61 Second MOTION to Order Mental Examination filed by Intervenor Plaintiff Yolando Carrillo. (Hall, Gregory) (Entered: 06/10/2006)

RESPONSE to Motion re 61 Second MOTION to Order Mental Examination filed by Plaintiff Equal Employment Opportunity Commission. (Kittle, Rita) (Entered: 06/12/2006)

NOTICE of Filing Declaration of Maximillian Wachtel by Defendant Acepex Management Corporation (Attachments: # 1 Exhibit curriculum vitae of Maximillian Wachtel, Ph.D.)(Lipstein, Evan) (Entered: 06/19/2006)

1 Exhibit curriculum vitae of Maximillian Wachtel, Ph.D.

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RESPONSE to Defendant's Third Request for Production of Documents by Intervenor Plaintiff Yolando Carrillo. (Evangelisti, John) (Entered: 06/21/2006)

Minute Entry for proceedings held before Judge Craig B Shaffer : Motion Hearing held on 6/27/2006 re 61 Second MOTION to Order Mental Examination by Defendant is granted. (Court Reporter FTR - Bernique Abiakam.) (dln, ) (Entered: 06/30/2006)

ORDER granting 61 Second MOTION to Order Mental Examination by Defendant pursuant to coutroom minutes by Magistrate Judge Craig B Shaffer on 6/27/06. [Text Only Order - No Document Attached]. (dln, ) (Entered: 06/30/2006)

Unopposed MOTION For Extension of Time to Designate Experts by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1)(Fuller, Ann) (Entered: 08/04/2006)

1 Attachment

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MEMORANDUM referring to Magistrate Judge Shaffer : 73 Unopposed MOTION For Extension of Time to Designate Experts filed by Equal Employment Opportunity Commission, by Judge Robert E. Blackburn on 8/4/06. (Text Only Entry - No Document Attached)(rebsec, ) (Entered: 08/04/2006)

MINUTE ORDER granting 73 Unopposed MOTION For Extension of Time to Designate Experts. Affirmative experts by 8/21/06, Rebuttal experts by 9/21/06 by Magistrate Judge Craig B Shaffer on 8/7/06. (dln, ) (Entered: 08/07/2006)

NOTICE of Service of Expert's Report Pursuant to Fed. R. Civ. P. 26(a)(2) by Defendant Acepex Management Corporation (Lipstein, Evan) (Entered: 08/21/2006)

NOTICE of Service of Expert Designations by Plaintiff Equal Employment Opportunity Commission (Kittle, Rita) (Entered: 08/21/2006)

Unopposed MOTION For Extension of Time to Serve Written Discovery by Plaintiff Equal Employment Opportunity Commission. (Kittle, Rita) (Entered: 08/28/2006)

MEMORANDUM referring to Magistrate Judge Shaffer : 78 Unopposed MOTION For Extension of Time to Serve Written Discovery filed by Equal Employment Opportunity Commission, by Judge Robert E. Blackburn on 8/29/06. (Text Only Entry - No Document Attached) (rebsec, ) (Entered: 08/29/2006)

MINUTE ORDER Granting 78 Plaintiffs' Unopposed MOTION For Extension of Time to Serve Written Discovery . Entered by Magistrate Judge Craig B Shaffer on 8/29/06. (pap, ) (Entered: 08/29/2006)

MINUTE ORDER : Telephonic Status Conference set for 9/15/2006 10:00 AM before Magistrate Judge Craig B Shaffer by Magistrate Judge Craig B Shaffer on 9/14/06. (dln, ) (Entered: 09/14/2006)

Minute Entry for proceedings held before Judge Craig B Shaffer : Status Conference held on 9/15/2006. Discovery due by 10/17/2006. (Court Reporter FTR - Ben Van Dyke.) (dln, ) (Entered: 09/15/2006)

MOTION For Extension of Time to respond to Discovery by Defendant Acepex Management Corporation. (Lipstein, Evan) (Entered: 09/28/2006)

MEMORANDUM regarding 83 MOTION For Extension of Time to respond to Discovery filed by Acepex Management Corporation by Judge Robert E. Blackburn on 9/29/06. (Text Only Entry - No Document Attached)Motions referred to Magistrate Judge Craig B Shaffer (rebsec, ) (Entered: 09/29/2006)

MINUTE ORDER re: 83 MOTION For Extension of Time to respond to Discovery filed by Acepex Management Corporation, Set Hearings: Telephonic Status Conference set for 10/6/2006 02:00 PM in Courtroom A 402 before Magistrate Judge Craig B Shaffer. by Magistrate Judge Craig B Shaffer on 10/4/06. (erv, ) (Entered: 10/05/2006)

MINUTE ORDER, Set Deadlines: Consent Decree due by 10/20/2006. by Magistrate Judge Craig B Shaffer on 10/6/06. (erv, ) (Entered: 10/06/2006)

Joint MOTION to Enter Consent Decree by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Appendix Consent Decree)(Kittle, Rita) (Entered: 10/20/2006)

1 Appendix Consent Decree

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CONSENT DECREE IT IS ORDERED, ADJUDGED, AND DECREED that The parties stipulate to the jurisdiction of the Court over the parties and subject matter of this action, and have waived the entry of findings of fact and conclusions of law. This Court shall retain jurisdiction of this cause for purposes of compliance with this Decree and entry of such further orders or modifications as may be necessary or appropriate to effectuate equal employment opportunities for employees. Signed by Judge Robert E. Blackburn on 10/23/06. (erv, ) (Entered: 10/23/2006)

MINUTE ORDER DISMISSING CASE Based on the Consent Decree entered October 23, 2006, IT IS ORDERED as follows: That the Trial Preparation Conference set for March 9, 2007, is VACATED; That the jury trial set to commence March 26, 2007, is VACATED; and That this case is administratively closed pursuant to D.C.COLO.LCivR 41.2, subject to reopening for good cause shown. by Judge Robert E. Blackburn on 10/23/06. (erv, ) (Entered: 10/23/2006)