Case: EEOC v. Overnite Transportation, Inc.

EEOC v. Overnite Transp

EEOC v. Overnite Transportation Company

EEOC v. Overnite Transportation Company

EEOC v. Overnite Transportation Company

EEOC v. Overnite Transportation Company

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT (referred to Mag. Judge Mark R. Abel ) (Entered: 06/14/2002)

STATUS REPORT by defendant Overnite Transp, plaintiff EEOC ( no pgs: 2) (sh) (Entered: 10/11/2002)

ANSWER by defendant () (bw) (Entered: 10/22/2002)

MOTION by defendant for admission of attorneys Stewart and Grytdahl to appear pro hac vice ( no pgs: ) (bw) Modified on 04/15/2003 (Entered: 10/23/2002)

Attorney Filing Fee for Stewart and Grytdahl Paid: on 10/22/02 in the amount of $ 100.00, receipt # 146959. (bw) (Entered: 10/23/2002)

NOTICE setting this action for Preliminary PTC 10:00 12/20/02 (cc: all counsel) (bw) (Entered: 10/25/2002)

NOTICE rescheduling the Preliminary PTC to 10:30 1/17/03 (cc: all counsel) (bw) (Entered: 11/13/2002)

Rule 26(f) Report of parties to Magistrate Judge (bw) (Entered: 12/26/2002)

PRELIMINARY PRETRIAL ORDER by Mag. Judge Mark R. Abel ; Preliminary pretrial conf was held on 1/17/03 a status report is due on 6-14-03 any motion to amend due by 3-1-03. () (cc: all counsel) (bw) (Entered: 01/23/2003)

MOTION by plaintiff for leave to file and amended complaint () (bw) (Entered: 03/05/2003)

ANSWER by defendant to the amended complaint (bw) (Entered: 03/18/2003)

ORDER by Judge James L. Graham granting defts motion for admission of attorneys Stewart and Grytdahl to appear pro hac vice [4-1] (cc: all counsel) ( no pgs: 1) (bw) (Entered: 04/16/2003)

ATTORNEY APPEARANCE co-counsel Louise Brock for defendant (bw) (Entered: 04/17/2003)

ORDER by Mag. Judge Mark R. Abel granting motion for leave to file and amended complaint [10-1] and deft answered on 3-17-03. (cc: all counsel) (bw) (Entered: 04/21/2003)

AMENDED COMPLAINT by plaintiff EEOC; jury demand (bw) (Entered: 04/21/2003)

STATUS REPORT by defendant Overnite Transp, plaintiff EEOC ( no pgs: 4) (pl) (Entered: 06/17/2003)

AMENDED STATUS REPORT by defendant Overnite Transp, plaintiff EEOC no pgs: 4) (pl) (Entered: 06/25/2003)

ORDER by Mag. Judge Mark R. Abel Trial rescheduled for 9:00 on 7/19/04, Final pretrial conf rescheduled to 9:30 on 6/15/04, Discovery ddl set on 11/30/03 and Mtn filing ddl set on 1/26/04 (cc: all counsel) ( no pgs: 2) (Entered: 07/02/2003)

MOTION by plaintiff to extend deadlines set in the 7-1-03 scheduling order () (bw) (Entered: 08/27/2003)

ORDER granting 19 Joint Motion to Extend certain deadlines set by 7/1/03 Amended Scheduling Order. The time for completing all non-expert discovery regarding Jeff Bowman's claim must be completed on or before October 31, 2003. Experts must be identified no later than September 20, 2003. Rule 26 (a)(2) expert disclosures must be made on or before October 30, 2003.. Signed by Judge Mark R. Abel on 9/8/03. (tto, ) (Entered: 09/08/2003)

MOTION by plaintiff for global extension of deadlines set in the 7-1-03 amended scheduling order. (bw) (Entered: 09/19/2003)

NOTICE by Defendant Overnite Transportation Company of disclosure of expert witnesses (bw) (Entered: 09/25/2003)

ORDER granting to the following extent 21 plaintiff EEOC's 9/17/03 Motion for Extension of the deadlines set in the 7/1/03 Amended Scheduling Order, except for the final pretrial conference and trial dates. All discovery must be completed by 1/16/04. Case-dispositive motions due 2/27/04. . Signed by Judge Mark R. Abel on 10/14/03. (tto, ) (Entered: 10/14/2003)

NOTATION ORDER The Final Pretrial date in the 10/14/03 Order, document #23 is incorrect. The correct date of the Final Pretrial Conference should be 6/15/04 . Signed by Judge Mark R. Abel on 10/21/03. (tto, ) (Entered: 10/21/2003)

Joint MOTION for Extension of Time to File by Plaintiff Equal Employment Opportunity Commission, Defendant Overnite Transportation Company. (McMillan, Solvita) (Entered: 02/20/2004)

ORDER Granting 25 Joint Motion for Extension of Time to File dispositive motions. Motions due 3/15/04. Signed by Judge Mark R. Abel on 2/26/04. (tto, ) (Entered: 02/26/2004)

MOTION for Leave to File Excess Pages by Plaintiff Equal Employment Opportunity Commission. (McMillan, Solvita) (Entered: 03/03/2004)

ORDER Granting 27 Plaintiff's Motion for Leave to File its summary judgment memorandum in excess of twenty pages. Signed by Judge Norah McCann King on 3/15/04. (tto, ) (Entered: 03/15/2004)

MOTION in Limine to Exclude Testimony of Regis C. Worley, Jr. by Defendant Overnite Transportation Company. (Attachments: # 1 Exhibit A: Phelan case)(Roesch, Charles) (Entered: 03/15/2004)

MOTION for Summary Judgment by Defendant Overnite Transportation Company. Responses due by 4/8/2004 (Attachments: # 1 Affidavit Exhibit A: Thomas Affidavit# 2 Exhibit B: Coen case# 3 Exhibit C: Webster case# 4 Exhibit D: Schuler Dist. Ct. Case# 5 Exhibit E: Schuler App. Ct. Case)(Roesch, Charles) (Entered: 03/15/2004)

MOTION for Summary Judgment and Memorandum in Support of Motion for Partial Summary Judgment by Plaintiff Equal Employment Opportunity Commission. Responses due by 4/8/2004 (Attachments: # 1 Appendix)(McMillan, Solvita) (Entered: 03/15/2004)

AFFIDAVIT re 31 MOTION for Summary Judgment and Memorandum in Support of Motion for Partial Summary Judgment by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Affidavit Personen Declaration Part 2# 2 Affidavit Personen Declaration part 3)(McMillan, Solvita) (Entered: 03/15/2004)

DEPOSITION of Thomas A. Blackstock, Jr. by Plaintiff Equal Employment Opportunity Commission and Defendant Overnite Transportation Company.(McMillan, Solvita) Modified on 3/16/2004 (bw). (Entered: 03/16/2004)

DEPOSITION of Philip A. Bowen by Plaintiff Equal Employment Opportunity Commission and Defendant Overnite Transportation Company. (McMillan, Solvita) Modified on 3/16/2004 (bw, ). (Entered: 03/16/2004)

DEPOSITION of Jeffery Bowman filed by Plaintiff Equal Employment Opportunity Commission and Defendant Overnite Transportation Company. (Attachments: # 1 Jeffery Bowman Dep. Part 2)(McMillan, Solvita) Modified on 3/16/2004 (bw) (Entered: 03/16/2004)

DEPOSITION of John G. Cametas, M.D. by Plaintiff Equal Employment Opportunity Commission and Defendant Overnite Transportation Company. (Attachments: # 1 John Cametas, M.D. Dep. Part 2)(McMillan, Solvita) Modified on 3/16/2004 (bw, ). (Entered: 03/16/2004)

DEPOSITION of Tim Caryle by Plaintiff Equal Employment Opportunity Commission, Defendant Overnite Transportation Company.(McMillan, Solvita) Modified on 3/16/2004 (bw, ). (Entered: 03/16/2004)

DEPOSITION of H. Frank Entwisle, P.E. by Plaintiff Equal Employment Opportunity Commission, Defendant Overnite Transportation Company.(McMillan, Solvita) Modified on 3/16/2004 (bw). (Entered: 03/16/2004)

DEPOSITION of James S. Grisolia, M.D. by Plaintiff Equal Employment Opportunity Commission, Defendant Overnite Transportation Company. (Attachments: # 1 James Grisolia, M.D. Dep.Part 1)(McMillan, Solvita) Modified on 3/16/2004 (bw). (Entered: 03/16/2004)

DEPOSITION of Pamela Lewis by Plaintiff Equal Employment Opportunity Commission, Defendant Overnite Transportation Company.(McMillan, Solvita) Modified on 3/16/2004 (bw, ). (Entered: 03/16/2004)

DEPOSITION of Michael D. Privitera, M.D. by Plaintiff Equal Employment Opportunity Commission, Defendant Overnite Transportation Company. (Attachments: # 1 Michael D. Privitera, M.D. Dep. Part 1)(McMillan, Solvita) Modified on 3/16/2004 (bw, ). (Entered: 03/16/2004)

DEPOSITION of John Reed taken on October 29, 2003 by Plaintiff Equal Employment Opportunity Commission, Defendant Overnite Transportation Company.(McMillan, Solvita) (Entered: 03/16/2004)

DEPOSITION of Carol Silvania taken on October 29, 2003 by Plaintiff Equal Employment Opportunity Commission, Defendant Overnite Transportation Company.(McMillan, Solvita) (Entered: 03/16/2004)

DEPOSITION of Jeremy Smith taken on November 25, 2003 by Plaintiff Equal Employment Opportunity Commission, Defendant Overnite Transportation Company.(McMillan, Solvita) (Entered: 03/16/2004)

DEPOSITION of John A. Spindler taken on January 27, 2004 by Plaintiff Equal Employment Opportunity Commission, Defendant Overnite Transportation Company. (Attachments: # 1)(McMillan, Solvita) (Entered: 03/16/2004)

DEPOSITION of Kenneth Thomas taken on May 20, 2003 by Plaintiff Equal Employment Opportunity Commission, Defendant Overnite Transportation Company.(McMillan, Solvita) (Entered: 03/16/2004)

DEPOSITION of Regis Worley, Jr. taken on December 18, 2003 by Plaintiff Equal Employment Opportunity Commission, Defendant Overnite Transportation Company. (Attachments: # 1)(McMillan, Solvita) (Entered: 03/16/2004)

AFFIDAVIT of James R Neely, Jr. re 31 MOTION for Summary Judgment and Memorandum in Support of Motion for Partial Summary Judgment by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1)(McMillan, Solvita) Modified on 3/16/2004 (bw, ). (Entered: 03/16/2004)

Joint MOTION for Extension of Time to File Response/Reply by Plaintiff Equal Employment Opportunity Commission, Defendant Overnite Transportation Company. (McMillan, Solvita) (Entered: 03/26/2004)

NOTICE of Final Pretrial Conference set for 6/18/2004 @9:30 AM before James L Graham and Jury Trial set for 7/19/2004 @9:00 AM in Courtroom 5 before James L Graham. (Attachments: # 1 # 2)(bw) (Entered: 04/01/2004)

ORDER Granting 51 Motion for Extend the time for responding to certain motions. Plaintiff EEOC memorandum in opposition to defendant Overnite Transportation Company's motion for summary judgment and defendant Overnite's memorandum in opposition to the EEOC's motion for partial summary judgment must both be filed by by 4/12/2004. The EEOC's memorandum in opposition to Overnite's motion in limine to exclude the testimony of Regis C. Worley, Jr. must be filed by 4/19/04. Signed by Judge Mark R. Abel on 3/31/04. (tto, ) (Entered: 04/01/2004)

MOTION for Leave to File Excess Pages Plaintiff's Memorandum in Opposition to Defendant's Motion for Summary Judgment by Plaintiff Equal Employment Opportunity Commission. (McMillan, Solvita) (Entered: 04/09/2004)

ORDER Granting 54 Plaintiff's Motion for Leave to File Excess Pages in their Memorandum Opposition to Defendant's Motion for Summary Judgment. Signed by Judge Mark R. Abel on 4/9/04. (tto, ) (Entered: 04/12/2004)

RESPONSE in Opposition re 31 MOTION for Summary Judgment and Memorandum in Support of Motion for Partial Summary Judgment filed by Defendant Overnite Transportation Company. (Roesch, Charles) (Entered: 04/12/2004)

RESPONSE in Opposition re 30 MOTION for Summary Judgment Plaintiff EEOC's Memorandum in Opposition to Defendant Overnite Transportation Company's Motion for Summary Judgment filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Affidavit Affidavit of John D. Sargent in Support of Plaintiff EEOC's Memorandum in Opposition to Defendant Overnite Transportation Company's Motion for Summary Judgment# 2 Supplement unpublished opinion)(McMillan, Solvita) (Entered: 04/12/2004)

RESPONSE in Opposition re 29 MOTION in Limine to Exclude Testimony of Regis C. Worley, Jr. Memorandum in Opposition to Defendant Overnite Transportation Company's Motion in Limine filed by Plaintiff Equal Employment Opportunity Commission. (McMillan, Solvita) (Entered: 04/19/2004)

REPLY to Response to Motion re 30 MOTION for Summary Judgment filed by Defendant Overnite Transportation Company. (Brock, Louise) (Entered: 04/26/2004)

RESPONSE in Support re 31 MOTION for Summary Judgment and Memorandum in Support of Motion for Partial Summary Judgment Plaintiff EEOC's Reply Memorandum in Support of Its Motion for Partial Summary Judgment filed by Plaintiff Equal Employment Opportunity Commission. (McMillan, Solvita) (Entered: 04/26/2004)

ORDER Granting 60 Plaintiff's Motion for Leave to File Reply Memorandum in Support of Plaintiff's Motion for Partial Summary Judgment in Excess of twenty Pages . Signed by Judge Mark R. Abel on 4/27/04. (tto, ) (Entered: 04/28/2004)

RESPONSE in Support re 29 MOTION in Limine to Exclude Testimony of Regis C. Worley, Jr. filed by Defendant Overnite Transportation Company. (Roesch, Charles) (Entered: 04/30/2004)

MOTION to Continue Trial Date by Plaintiff Equal Employment Opportunity Commission. (McMillan, Solvita) (Entered: 06/07/2004)

MOTION in Limine to Exclude Testimony of H. Frank Entwisle by Plaintiff Equal Employment Opportunity Commission. (McMillan, Solvita) (Entered: 06/07/2004)

NOTICE of Appearance by Solvita A McMillan Plaintiff Equal Employment Opportunity Commission (McMillan, Solvita) (Entered: 06/09/2004)

ORDER granting 64 Motion to Continue the trial. The FPT is continued to September 17,2004 at 11:00 a.m. and the trial is continued to October 25, 2004, at 9:00 a.m. Signed by Judge James L Graham on 6/9/2004. (bw) (Entered: 06/10/2004)

MOTION for Leave to File Additional Authority in Support of Motion for Summary Judgment by Defendant Overnite Transportation Company. (Attachments: # 1 Exhibit Mohr Case)(Brock, Louise) (Entered: 06/14/2004)

RESPONSE in Opposition re 65 MOTION in Limine to Exclude Testimony of H. Frank Entwisle filed by Defendant Overnite Transportation Company. (Attachments: # 1 Exhibit Lichtenstein Case)(Brock, Louise) (Entered: 06/28/2004)

RESPONSE in Opposition re 68 MOTION for Leave to File Additional Authority in Support of Motion for Summary Judgment filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit EEOC v. Watkins Motor Lines, June 15, 2004 Report and Recommendation# 2 Exhibit Mohr v. Hoover)(McMillan, Solvita) (Entered: 07/07/2004)

REPLY to Response to Motion re 68 MOTION for Leave to File Additional Authority in Support of Motion for Summary Judgment filed by Defendant Overnite Transportation Company. (Roesch, Charles) (Entered: 07/12/2004)

REPLY to Response to Motion re 65 MOTION in Limine to Exclude Testimony of H. Frank Entwisle filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit # 2 Exhibit)(McMillan, Solvita) (Entered: 07/12/2004)

MOTION for Leave to File Additional Authority by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Bouchard-v-AHP)(McMillan, Solvita) (Entered: 08/06/2004)

REPLY to Response to Motion re 73 MOTION for Leave to File Additional Authority filed by Plaintiff Equal Employment Opportunity Commission. (McMillan, Solvita) (Entered: 08/24/2004)

Proposed Pretrial Order by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Joint# 2 Exhibit Plaintiff's# 3 Exhibit Defendant's)(McMillan, Solvita) (Entered: 09/14/2004)

ORDER continuing final pretrial date of September 17, 2004, and trial date of October 25, 2004, until decision on the motions for summary judgment still pending.Signed by Judge James L Graham on 09-16-04. (ws) (Entered: 09/16/2004)

ORDER REASSIGNING CASE to Judge Michael H. Watson for all further proceedings. Judge James L Graham no longer assigned to case. Signed by Judge James L Graham on 10/4/2004. (bw) (Entered: 10/06/2004)

ORDER to file status report. Signed by Judge Michael H. Watson on 10/15/04. (mhw1,dtg) (Entered: 10/15/2004)

STATUS REPORT JOINT by Plaintiff Equal Employment Opportunity Commission. (McMillan, Solvita) (Entered: 10/25/2004)

NOTICE by Defendant Overnite Transportation Company of Robert L. Stewart's Withdrawal as Counsel (Brock, Louise) (Entered: 02/23/2005)

ORDER granting 73 Plaintiff's Motion for Leave to File additional authority in support of its motion in limine. Signed by Judge Mark R. Abel on 3/30/05. (jk) (Entered: 03/30/2005)

ORDER granting 68 Defendant's Motion for Leave to File additional authority in support of its motion for summary judgment and in opposition to Plaintiff's motion for partial summary judgment. Signed by Judge Mark R. Abel on 3/30/05. (jk) (Entered: 03/30/2005)

NOTICE of Hearing: Scheduling Conference set for 7/8/2005 at 01:30 PM in Room 322 before Michael H. Watson. (ba, ) (Entered: 05/17/2005)

ORDER re 84 Notice of Hearing Scheduling Conference set for 7/8/2005 has been reset to 7/20/2005 at 01:30 PM before Michael H. Watson. (ba, ) (Entered: 05/26/2005)

Mail Returned as Undeliverable (doc. 84). Mail sent to Jay J. Grytdahl (ph, ) (Entered: 05/31/2005)

Minute Entry for proceedings held before Judge Michael H. Watson : Scheduling Conference held on 7/20/2005. Court to rule on pending motions prior to setting a trial schedule; This matter to be referred for mediation prior to trial; calendar order to follow (ba, ) (Entered: 07/20/2005)

MOTION for Leave to File Additional Authority by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Rodriguez-v-ConAgra)(McMillan, Solvita) (Entered: 05/26/2006)

ORDER granting 88 Motion for Leave to File. Signed by Judge Michael H. Watson on 6/20/2006. (kw, ) (Entered: 06/20/2006)

ORDER taking under advisement 29 and 65 parties' Motions in Limine, granting in part and denying in part 30 Defendant's Motion for Summary Judgment, denying 31 Plaintiff's Motion for Partial Summary Judgment. Signed by Judge Michael H. Watson on 7/5/2006. (kw, ) (Entered: 07/05/2006)

ORDER denying Defendant's 29 Motion in Limine and denying Plaintiff's 65 Motion in Limine. Signed by Judge Michael H. Watson on 4/27/2007. (kw)

SCHEDULING ORDER: Settlement Conference set for 2/5/2008 at 10:00 a.m.; Final Pretrial Conference set for 3/4/2008 at 10:00 a.m.; and Jury Trial set for 3/31/2008 at 9:30 a.m. before Judge Michael H. Watson. Signed by Judge Michael H. Watson on 9/28/2007. (kw) (Entered: 09/28/2007)

Joint MOTION for Extension of Time New date requested 2/19/2008. by Defendant Overnite Transportation Company. (Brock, Louise) (Entered: 02/08/2008)

ORDER granting 94 Motion for Extension of Time. The parties shall have until 2/19/08 to submit statement of witnesses, designation of deposition portions, exhibit lists, exchange of proposed jury instructions, and pretrial motions. Signed by Mark R. Abel on 2/11/08. (jcw) (Entered: 02/11/2008)

Joint MOTION to Approve Consent Judgment by Plaintiff Equal Employment Opportunity Commission, Defendant Overnite Transportation Company. (Attachments: # 1 Proposed Consent Decree) (Roesch, Charles) (Entered: 02/29/2008)

CONSENT DECREE. Signed by Judge Michael H. Watson on 4/14/08. (jk) (Entered: 04/14/2008)