Case: EEOC v. Luce Forward Hamilton & Scripps

EEOC et al v. Luce, Forward, Ham.

U.S. Court of Appeals for the Ninth Circuit

EEOC v. Luce Forward

EEOC v. Luce, Forward, Hamilton & Scripps LLP

EEOC v. Luce, Forward, Hamilton & Scripps LLP

EEOC v. Luce, Forward, Hamilton & Scripps LLP

U.S. Court of Appeals for the Ninth Circuit

EEOC v. Luce, Forward, Hamilton & Scripps LLP

U.S. Court of Appeals for the Ninth Circuit

EEOC v. Luce, Forward, Hamilton & Scripps

U.S. Court of Appeals for the Ninth Circuit

EEOC v. Luce, Forward, Hamilton & Scripps LLP

EEOC and Lagatree v. Luce, Forward, Hamilton & Scripps LLP

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT filed Summons(es) issued referred to Discovery Ann I. Jones (jag) (Entered: 02/09/2000)

CERTIFICATION by plaintiff US EEOC of interested parties. (lk) (Entered: 02/10/2000)

WAIVER OF SERVICE of SUMMONS signed for by Charles A Bird, Partner by defendant Luce Forward sent by plf on 2/28/00 (rrey) (Entered: 03/10/2000)

ANSWER filed by defendant Luce Forward Hamilton & Scripps LLP to complaint [1-1] (rrey) (Entered: 04/11/2000)

PROOF OF SERVICE by defendant Luce Forward on 4/7/00 of ans to cmp (rrey) (Entered: 04/11/2000)

NOTICE OF INTERESTED PARTIES by defendant Luce Forward (rrey) (Entered: 04/11/2000)

NOTICE AND REQUEST Of Settlement Procedure Selection fld Parties request to apr before Discovery Ann I. Jones for sttlmnt procdgs Order by Judge Florence-Marie Cooper granting settlement procedure selection request [7-1] (lk) (Entered: 05/22/2000)

JOINT REPORT OF EARLY MEETING OF COUNSEL filed. Estimated length of trial three (3) to four (4) days (lk) (Entered: 05/25/2000)

MINUTES: (In Chambers) mandatory status conference set on 9:30 6/26/00 ; trial cnsl are Ord to be present purs to Local Rule 6.4.1 by Judge Florence-Marie Cooper CR: Not Present (rrey) (Entered: 05/30/2000)

MINUTES: ; mandatory status conference held . The crt will issue its trial order by Judge Florence-Marie Cooper CR: none (lk) (Entered: 06/27/2000)

ORDER FOR JURY TRIAL by Judge Florence-Marie Cooper: jury trial set on 9:00 1/30/01 ; cut-off date for joining ptys or amd pleadings on 11/27/00 ; mot cut-off on 11/27/00 ; pretrial conference on 9:00 12/18/00 ; discovery cut-off set on 9/30/00 (rrey) (Entered: 06/29/2000)

MINUTES: (IN CHAMBERS) settlement conference 10:00 10/23/00 ; IT IS FUR ORD that all persons whose consent is necessary to conclude a sttlmnt shall be present personally; IT IS FUR ORD that each pty shall deliver to the chambers of the Mag Judge a Confidential Sttlmnt Conf Stmt on or before Monday, 10/16/00 (see doc for fur details) IT IS SO ORD by Magistrate Judge Ann I. Jones CR: N/A (cc cnsl) (rrey) (Entered: 08/22/2000)

NOTICE OF MOTION AND MOTION by plaintiff for partial summary judgment purs to FRCP 56(c) ; motion hearing set for 10:00 9/18/00 Lodged Propsd Ord; S/J; stmt of U/C (rrey) (Entered: 08/25/2000)

MEMORANDUM OF P/A IN SUPPORT by plaintiff of motion for partial summary judgment [13-1] ; decls of Olophius E Perry; & Peter F Laura (rrey) (Entered: 08/25/2000)

STIPULATION and ORDER by Judge Florence-Marie Cooper IT IS SO ORD: continuing hearing on plfs motion for partial summary judgment [13-1] to 10:00 10/30/00 ; ptys fur agree that dft shall also file a mot for S/J so as to be heard on the same day 10/30/00 @ 10:00 ; EEOCs mot, dfts opp papers are to be fld and served (in person or by mail) NLT 10/10/00; EEOCs rply papers, if any, are to be fld and served NLT 10/23/00 ; as for dfts mot, the ptys shall file and serve their papers in acc w/ Local Rule 7 or any other applicable rules of Crt (rrey) (Entered: 09/11/2000)

MINUTES: (IN CHAMBERS): settlement conference cont to 11:00 10/24/00 ; all provisions of the Crts 8/18/00 Ord remain in effect IT IS SO ORD by Magistrate Judge Ann I. Jones CR: N/A (cc cnsl) (rrey) (Entered: 09/25/2000)

NOTICE OF MOTION AND MOTION by defendant Luce Forward for summary judgment, or in the alt, for partial summary judgment ; motion hearing set for 10:00 10/30/00 Lodged stmt of U/F & jgm (jag) (Entered: 10/10/2000)

MEMORANDUM IN SUPPORT by defendant Luce Forward of motion for summary judgment [17-1], motion for partial summary judgment [17-2] (jag) (Entered: 10/10/2000)

DECLARATION of MICHAEL L JENSEN by defendant Luce Forward in suppt of motion for summary judgment [17-1], motion for partial summary judgment [17-2] (jag) (Entered: 10/10/2000)

REQUEST by defendant Luce Forward for judicial notice in suppt of motion for summary judgment [17-1], re motion for partial summary judgment [17-2] (jag) (Entered: 10/10/2000)

NOTICE OF LODGEMENT by defendant Luce Forward of CA AUth in suppt of motion for summary judgment [17-1], motion for partial summary judgment [17-2] (jag) (Entered: 10/10/2000)

NOTICE OF LODGMENT by defendant Luce Forward in suppt of motion for summary judgment [17-1], motion for partial summary judgment [17-2] (jag) (Entered: 10/10/2000)

PROOF OF SERVICE by defendant Luce Forward of ntc of mot for S/J or in the alt, partial S/J, memo of P&A in suppt, stmt of U/F & concl of law, etc; served upon Peter F Laura on 10/6/00 by personal svc (jag) (Entered: 10/10/2000)

MEMO OF P/A IN OPPOSITION by defendant to motion for partial summary judgment [13-1] (rrey) (Entered: 10/11/2000)

DECLARATION of Michael L Jensen by defendant in suppt of opp to motion for partial summary judgment [13-1] (rrey) (Entered: 10/11/2000)

REQUEST by defendant for judicial notice in suppt of its opp to motion for partial summary judgment [13-1] (rrey) (Entered: 10/11/2000)

NOTICE OF LODGMENT by defendant of California Auth in suppt of its opp to motion for partial summary judgment [13-1] (rrey) (Entered: 10/11/2000)

NOTICE OF LODGMENT by defendant in suppt of its opp to motion for partial summary judgment [13-1] (rrey) (Entered: 10/11/2000)

RESPONSE by defendant to plfs stmt of uncontroverted facts & concls of law in supp of its motion for partial summary judgment [13-1] (rrey) (Entered: 10/11/2000)

PROOF OF PERSONAL SERVICE by defendant on 10/10/00 of dfts memo of p/a in opp to plfs mot for partial S/J (see doc for fur details) (rrey) (Entered: 10/11/2000)

STIPULATION and ORDER by Judge Florence-Marie Cooper continuing hearing on motion for partial summary judgment [13-1] ; on motion for summary judgment [17-1], or for partial summary judgment [17-2] to 10:00 11/6/00 ; the EEOC shall serve its opp to dfts mot fro S/J and its rply to dft opp by fax and regular mail by 10/23/00 (rrey) (Entered: 10/17/2000)

OPPOSITION by plaintiff to motion for summary judgment [17-1], or for partial summary judgment [17-2] (rrey) (Entered: 10/24/2000)

EVIDENTIARY OBJECTIONS by plaintiff to evid submitted by dft in suppt of its opp to motion for summary judgment [17-1], or for partial summary judgment [17-2] (rrey) (Entered: 10/24/2000)

NOTICE OF LODGING THE DECLARATIONS of Donald C Lagatree & Peter F Laura by plaintiff in suppt of its opp to dfts motion for summary judgment [17-1], or in the alt for partial summary judgment [17-2] (rrey) (Entered: 10/24/2000)

MINUTES: (IN CHAMBERS) settlement conference held ; the case did not settle by Magistrate Judge Ann I. Jones CR: N/A (cc cnsl) (rrey) (Entered: 10/30/2000)

REPLY by plaintiff to dfts opp to motion for partial summary judgment [13-1] (rrey) (Entered: 10/31/2000)

REPLY STATEMENT OF Uncontroverted facts and concls of law by defendant in suppt of motion for summary judgment [17-1], or in the alt for partial summary judgment [17-2] (rrey) (Entered: 10/31/2000)

REPLY by defendant in suppt of motion for summary judgment [17-1], or in the alt for partial summary judgment [17-2] (rrey) (Entered: 10/31/2000)

PROOF OF PERSONAL SERVICE by defendant on 10/27/00 of dfts rply in suppt of its mot for S/J or in the alt partial S/J; rply stmt of uncontroverted facts and concls of law in suppt (rrey) (Entered: 10/31/2000)

MINUTES: The Crt, on its own mot hereby cont the hearing on motion for summary judgment [17-1] 10:00 11/13/00, cont hearing on motion for partial summary judgment [17-2] 10:00 11/13/00, cont hearing on motion for partial summary judgment [13-1] 10:00 11/13/00; the br sched is not changed by this ord; br will be due on the dates prev set by Judge Florence-Marie Cooper CR: not present (yl) (Entered: 11/02/2000)

MINUTES: Hearing on Plfs motion for partial summary judgment [13-1] & dfts motion for summary judgment [17-1] or in the alt for partial summary judgment [17-2] ; The Crt takes its ruling on the mots UNDER SUBMISSION and will issue its final Ord by Judge Florence-Marie Cooper CR: Pat Cuneo (rrey) (Entered: 11/15/2000)

RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 11/13/00 (Re: ) CR: Pat Cuneo (pjap) (Entered: 11/20/2000)

TRANSCRIPT filed for proceedings held on 11/13/00 (pjap)

ORDER by Judge Florence-Marie Cooper GRANT in part DENY in part dft LFHS motion for summary judgment [17-1], finding the motion for partial summary judgment [17-2] denied as moot; GRANT in part DENY in part plfs motion for partial summary judgment [13-1]; S/J in favor of dft is hereby GR to the extent the clms asserted in the cmp seek monetary relief (ENT 11/22/00) (SEND/NTC) (rrey) (Entered: 11/22/2000)

NOTICE OF CHANGE of Atty info by Julie A Vogelzang for defendant (rrey) (Entered: 11/27/2000)

PROOF OF SERVICE by defendant Luce Forward on 11/21/00 of Ntc of change of attorney information (jp) (Entered: 11/28/2000)

PLACED IN FILE - NOT USED: propsd statement of uncontroverted facts & conclusions of law by plaintiff; Lodged 8/25/00 (jp)

PLACED IN FILE - NOT USED: Statement of Uncontroverted Facts & Conclusions of Law in suppt of motion for S/J or, in the alt, partial S/J by plaintiff US EEOC; Lodged 10/23/00 (jp)

PLACED IN FILE - NOT USED: Propsd Judgment on dft motion for S/J or, in the alt, partial S/J; Lodged 10/6/00 (jp)

PLACED IN FILE - NOT USED: Statement of Uncontroverted Facts & Conclusions of Law in suppt of mot for S/J or, in the alt, partial S/J by defendant Luce, Forward, Hamilton & Scripps LLP; Lodged 10/6/00 (jp)

PLACED IN FILE - NOT USED: Propsd Order GR patrial S/J by plaintiff US EEOC; Lodged 8/25/00 (jp)

JUDGMENT by Judge Florence-Marie Cooper against defendant Luce Forward; (1) Jgm is entered in favor of plf EEOC & agnst dft LFHS re a perm injunction agnst dft LFHS; Jgm is entered in favor of dft LFHS & agnst plf EEOC to the extent the clms asserted in the cmp seek monetary relief; & (2) dft LFHS is perm enjoined from: (a) requiring or requesting its employees to agree to arbitration of their Title VII clms as a condition of employment; (b) attempting to enforce any such previously executed agreements to arbitrate Title VII clms terminating case (MD JS-6) (ENT 12/11/00) (send/ntc) (rrey) (Entered: 12/11/2000)

NOTICE OF APPEAL by defendant Luce Forward Hamilton & Scripps LLP to 9th C/A from Dist. Court jgm fld & ent 12/11/00 [46-2] (cc: Charles A. Bird, Luce, Forward, Hamilton & Scripps LLP; Mary Jo O'Neill, U. S. EEOC) Fee: Paid (wdc) (Entered: 12/13/2000)

REPRESENTATION STATEMENT re appeal [47-1] (wdc) (wdc) (Entered: 12/13/2000)

PROOF OF SERVICE by defendant Luce Forward. (app) (Entered: 12/20/2000)

TRANSCRIPT DESIGNATION and ordering form for dates: 11/13/00 re transcript [42-1] CR: P. Cuneo (app) (Entered: 12/20/2000)

REPRESENTATION STATEMENT re appeal by plf [47-1] (pjap) Modified on 12/20/2000 (Entered: 12/20/2000)

NOTIFICATION by Circuit Court of Appellate Docket Number appeal [47-1] 00-57222 (pjap) (pjap) (Entered: 01/10/2001)

CERTIFICATE of Record Transmitted to USCA-00-57222 (cc: all parties) (wdc) (wdc) (Entered: 01/25/2001)

NOTICE OF CROSS-APPEAL by plaintiff United States Equal Employment Opportunity Commission to 9th C/A from Dist. Court jgm & ord fld 12/11/00 & ent 12/11/00 [46-2] and ord fld 11/21/00 & ent 11/22/00 [43-1] (cc: Peter F. Laura, Carolyn Wheeler, Luce, Forward, Hamilton & Scripps LLP) Fee: Govt Waived (dlu) (Entered: 02/08/2001)

NOTIFICATION by Circuit Court of Appellate Docket Number appeal [54-1] 01-55321 (dlu) (Entered: 02/27/2001)

CERTIFICATE of Record Transmitted to USCA (cc: all parties) (01-55321) (fvap) (Entered: 11/19/2001)

ORDER FROM USCA: Plf's unopposed mot to Wv requirement to file excerpts of record w/answering/opening brief is GR. Clerk shall file prev rcd plf's answering/opening brief. Clk shall also file prev rcd dft's reply/answering brief. Court records do not currently reflect that dist court has issued certificates of record. Ptys shall monitor issuance of certificates. (00-57222, 01-55321) (pjap) (Entered: 12/04/2001)

CLERK'S record on appeal transmitted to Circuit [54-1], [47-1] vols: 3 & 2 expandos folders of docket nos. 22 & 28; transcripts: 1 (pjap) (Entered: 03/18/2002)

RECORD on appeal returned from U.S. Court of Appeals re appeal [54-1], re appeal [47-1] vols: 3 & 2 bulky docs, #22, 28 transcripts: 1 (pjap) (Entered: 10/09/2002)

CLERK'S record on appeal transmitted to Circuit [54-1], [47-1], vols: 3; transcripts: 1; brown folders: 2, docs# 22 & 28. (00-57222, 01-55321) (cbr) (Entered: 11/05/2002)

MANDATE from Circuit Court of Appeals received in district court 12/22/03 vacating and remanding appeal [54-1], reversing decision of the District Court [Appeal [47-1]. Costx taxed of $693.00. (00-57222, 01-55321) (cbr) (Entered: 12/29/2003)

MINUTES: Order Setting Status Conference after remand from the Ninth Circuit Court of Appeals. The court has reviewed the Mandate from the Ninth Circuit Court of Appeals, received on December 22, 2003. The court hereby sets a Status Conference on 2/9/2004 at 09:30 AM before Honorable Florence-Marie Cooper. Court Reporter: Not Present. (bp, ) (Entered: 01/07/2004)

MINUTES: Pursuant to the Mandate of the 9th Circuit Court of Appeals issued December 22, 2003, the judgment entered by this court on December 11, 2000, is hereby VACATED Judge Florence-Marie Cooper : Court Reporter: Not Present. (bp, (Entered: 01/09/2004)

STIPULATION AND ORDER by Judge Florence-Marie Cooper : Continuing the Status Conference to 3/8/2004 09:00 AM before Honorable Florence-Marie Cooper.(bp, ) (Entered: 01/26/2004)

NOTICE OF REASSIGNMENT OF CASE due to Unavailability of Judicial Officer filed. The previously asssigned Magistrate Judge is no longer available. Pursuant to directive of the Chief Magistrate Judge and in accordance with the rules of this Court, the case has been returned to the Clerk for reassignment. This case has been reassigned to Discovery Magistrate Judge Carolyn Turchin. Case number will now read CV 00-1322 FMC (CTx). (kc, ) (Entered: 03/08/2004)

MINUTES: Status Conference after remand from the Ninth Circuit Court of Appeals. The court conferred with counsel concerning this matter on remand from the 9th Circuit Court of Appeals. There is some disagreement concerning the scope of issue which remain to be resolved by this court, and the EEOC and Luce, forward would like an opportunity to discuss settlement before legal issues are briefed. If the matter is not settled, the EEOC may move to reopen discovery. It is anticipated the matter will then be resolved by way of summary judgment. Further Status Conference set for 4/12/2004 10:00 AM before Honorable Florence-Marie Cooper. Court Reporter: Not Present. (bp, ) (Entered: 03/09/2004)

NOTICE that Anat Ehlrlich is no longer an employee at the EEOC filed by plaintiff U S Equal Employment Opportunity Commission. (bp, ) (Entered: 04/03/2004)

MINUTES: Status Conference after remand from Ninth Circuit Court of Appeals. The court, on its own motion and after telephonic consultation as to date, continues the matter to April 26, 2004, at 10:00 a.m. before Honorable Florence-Marie Cooper. Court Reporter: Not Present. (bp, ) (Entered: 04/13/2004)

MINUTES: Further Status Conference after remand from Ninth Circuit Court of Appeal. The conference is held. The court's trial order will issue. Judge Florence-Marie Cooper : Court Reporter: Not Present. (bp, ) (Entered: 04/28/2004)

AMENDED ORDER FOR COURT TRIAL. Cut-off date for discovery: N/A expired. Cut-off date for joining parties or amending pleadings: N/A expired. Cut-off date for hearing motions: August 9, 2004. Expert wintess exchange deadlines: in accordance with the rule. Trial date: 10/5/04, at 8:00 am. Judge Florence-Marie Cooper (bp, ) (Entered: 04/28/2004)

NOTICE AND REQUEST of Settlement Procedure Selection (Sp1) filed; Parties request To Appear Before Magistrate Judge Turchin for settlement proceedings; Settlement procedure selection request SP1 By Order of Florence-Marie Cooper (bp, ) (Entered: 05/06/2004)

MINUTES OF In Chambers held before Judge Carolyn Turchin: This case has been referred to Magistrate Judge Turchin for settlement. IT IS ORDERED as follows:?1. Plaintiff(s) and defendant(s) shall confer immediately with each other and set a date and time for a settlement conference, after clearing the date with Magistrate Judge Turchin's clerk, Ms. Deborah Malone, (213)894-6513. The date selected must be soon enough to comply with any deadlines imposed by rule or by the district judge. Tape #: na. (dam) (Entered: 05/04/2004)

STIPULATION AND ORDER tht the parties will schedule their respective summary judgment motions to be heard by the court on August 9, 2004 by Judge Florence-Marie Cooper (bp, ) (Entered: 05/14/2004)

ORDER by Judge Carolyn Turchin, re In Chambers Conference, 71, Set Deadlines/Hearings: Confidential Settlement Statement due by 8/25/2004 Settlement Conference set for 9/1/2004 10:00 AM before Magistrate Judge Carolyn Turchin.(dam) (Entered: 05/18/2004)

Appeal Record Returned from 9th CCA RE: CLERK'S record on appeal transmitted to Circuit [54-1], [47-1], vols: 3; transcripts: 1; brown folders: 2, docs# 22 & 28. (00-57222, 01-55321) (cbr) Received: Volume(s): 1 thru 3; Transcripts(s): 1; and 2 brown folder documents 22 and 28. (cbr, ) (Entered: 05/24/2004)

NOTICE of Settlement filed by plaintiff U S Equal Employment Opportunity Commission.Settlement papers due by 6/17/2004. (bp, ) (Entered: 06/18/2004)

STIPULATION AND ORDER that the Commission's claims in this lawsuit are hereby dismissed with prejudice. This court shall retain continuing jurisdiction to enforce the settlement of this lawsuit of a period of three years unless for good cause the court extends the jurisdiction beyond the three years by Judge Florence-Marie Cooper (bp, ) (Entered: 06/22/2004)

NOTICE OF MOTION AND MOTION for Summary Judgment filed by Intervenor Donald Lagatree. Motion set for hearing on 8/9/2004 at 10:00 AM before Honorable Florence-Marie Cooper. (bp, ) (Entered: 06/22/2004)

NOTICE OF LODGING California Authorities in support of MOTION for Summary Judgment 84 filed by Intervenor Donald Lagatree. (bp, ) (Entered: 06/22/2004)

NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Florence-Marie Cooper ORDERING motion for summary judgment submitted by Intervenor Donald Lagatree received on 6/18/04 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(bp, ) (Entered: 06/22/2004)

NOTICE OF MOTION AND MOTION for Summary Judgment filed by defendant Luce Forward Hamilton & Scripps. Motion set for hearing on 8/9/2004 at 10:00 AM before Honorable Florence-Marie Cooper. Lodged proposed statement and order. (bp, ) (Entered: 06/22/2004)

MEMORANDUM of Points and Authorities in Support of MOTION for Summary Judgment 77 filed by defendant Luce Forward Hamilton & Scripps. (bp, ) (Entered: 06/22/2004)

DECLARATION of Kelly Capen Douglas in support of MOTION for Summary Judgment 77 filed by defendant Luce Forward Hamilton & Scripps. (bp, ) (Entered: 06/22/2004)

REQUEST FOR JUDICIAL NOTICE in support of MOTION for Summary Judgment 77 filed by defendant Luce Forward Hamilton & Scripps. (bp, ) (Entered: 06/22/2004)

NOTICE OF LODGMENT in support of MOTION for Summary Judgment 77 filed by defendants' Luce Forward Hamilton & Scripps. (bp, ) (Entered: 06/22/2004)

PROOF OF SERVICE filed by defendant Luce Forward Hamilton & Scripps. re 79 Declaration (Motion related), 80 Motion Related Document, 81 Motion Related Document, 77 MOTION for Summary Judgment, 78 Memorandum in Support of Motion, was served on 6/18/04. (bp, ) (Entered: 06/22/2004)

PROOF OF SERVICE filed by defendant Luce Forward Hamilton & Scripps. re 87 Response (non-motion), was served on 6/21/04. (bp, ) (Entered: 06/23/2004)

RESPONSE by defendant Luce, Forward, Hamilton & Scripps LLp to letter of June 18, 2004 re: dismissal (bp, ) (Entered: 06/23/2004)

CERTIFICATION of Interested Parties filed by Intervenor Donald Lagatree. (bp, ) (Entered: 06/25/2004)

OPPOSITION to MOTION for Summary Judgment 77 filed by defendant Luce Forward Hamilton & Scripps. (bp, ) (Entered: 07/08/2004)

NOTICE OF LODGMENT in support of opposition to MOTION for Summary Judgment 84, MOTION for Summary Judgment 77 filed by defendant Luce Forward Hamilton & Scripps. (bp, ) (Entered: 07/08/2004)

NOTICE OF LODGMENT in support of opposition to MOTION for Summary Judgment 84 filed by defendant Luce Forward Hamilton & Scripps. (bp, ) (Entered: 07/08/2004)

RESPONSE to to intervenor's proposed statement of uncontroverted facts and conclusions of law re MOTION for Summary Judgment 84 filed by defendant Luce Forward Hamilton & Scripps. (bp, ) (Entered: 07/08/2004)

DECLARATION of Kelly Capen Douglas in support of opposition to MOTION for Summary Judgment 84 filed by defendant Luce Forward Hamilton & Scripps. (bp, ) (Entered: 07/08/2004)