Case: EEOC v. Nebco Evans Distribution, Inc.

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT: No Summons issued with request for jury trial in Omaha, Nebraska. (ETC) (Entered: 12/16/1996)

DEMAND for jury trial by plaintiff EEOC (ETC) (Entered: 12/16/1996)

MOTION by plaintiff EEOC to withdraw attorney Jerome N. Scanlan (ETC) (Entered: 01/03/1997)

ORDER by Judge Lyle E. Strom granting motion to withdraw attorney Jerome N. Scanlan [3-1]; Jerome N. Scanlan is no longer counsel of record for plf - COPIES MAILED (ETC) (Entered: 02/04/1997)

ANSWER by defendant Nebco Evans Distr (ETC) (Entered: 02/19/1997)

SCHEDULING PACKET by Judge Lyle E. Strom . - COPIES MAILED w/ packet. (ETC) (Entered: 02/20/1997)

WAIVER OF SERVICE (Rule 4 - Summons) upon defendant Nebco Evans Distr on 12/18/96 (ETC) (Entered: 02/24/1997)

MOTION by plaintiff EEOC to bifurcate trial and discovery, limit discovery and preserve attorney client protection for class memebers (ETC) (Entered: 03/31/1997)

MINUTES: hearing before Judge Lyle E. Strom report of rule 26(f) planning conference (Form 35) and mtn by plf EEOC to bifurcate trial and discovery (Filing No. 8) ORDERED: Brief time set. (ETC) (Entered: 04/07/1997)

CERTIFICATE by plaintiff EEOC of serving amended first interrrogatories and request for docs to dft. (ETC) (Entered: 04/14/1997)

ORDER by Judge Lyle E. Strom dft shall have until April 18, 1997 to file a brief in opposition to the motion to bifurcate trial and discovery [8-1]; Plf shall have until April 28, 1997, to file a reply brief - COPIES MAILED (ETC) (Entered: 04/14/1997)

AMENDED CERTIFICATE by plaintiff EEOC of serving amd first interrogatories and requests for docs to dft. (ETC) (Entered: 04/16/1997)

INDEX by defendant Nebco Evans Distribution, Inc of materials to be offered in response to plf's motion to bifurcate [8-1] (ETC) Modified on 06/06/1997 (Entered: 04/21/1997)

NOTICE by defendant Nebco Evans Distribution, Inc. of serving obj to plf's first set of Amended Interrogatories and request for production of docs. (ETC) (Entered: 05/13/1997)

MEMORANDUM AND ORDER: by Judge Lyle E. Strom granting motion to bifurcate trial and discovery, limit discovery and preserve attorney client protection for class members [8-1]; Discovery of this case will be bifurcated into liability and remedial phases. Discovery relevant to the remedial phase shall begin, if necessary, after the trial of the liability phase; trial of this case will be bifurcated into liability and remedial phases. The liability phase will determine liability and injunctive relief. The remedial phase, if necessary, will determine individual relief and will be heard by a second jury; dft is permitted to depose fifteen people in addition to any witness designated by the plf as a trial witness; the dft is prohibited from informally communicating w/any individual applicant w/out the prior consent of counsel for the EEOC - COPIES MAILED (ETC) Modified on 06/06/1997 (Entered: 06/05/1997)

NOTICE by defendant Nebco Evans Distr of serving 26 (a)(1) disclosures (ETC) (Entered: 06/06/1997)

ORDER by Judge Lyle E. Strom ddl for an amended Rule 35 Report setting forth realistic deadlines for discovery as to the liability phase of this action set for June 30, 1997 - COPIES MAILED (ETC) (Entered: 06/12/1997)

NOTICE by defendant Nebco Evans Distr of serving first set of amended interrogatories and request for production of docs. (ETC) (Entered: 06/18/1997)

MOTION by plaintiff EEOC for leave to propound up to 250 additional interrogs to dft (TLS) (Entered: 07/02/1997)

EXHIBITS by plaintiff EEOC in support of motion for leave to propound up to 250 additional interrogs to dft [19-1] Attachments in separate folder (TLS) (Entered: 07/02/1997)

REMARK - Changed receive notice filed to "n" and termed atty Jerome Scanlan per correspondence of 7/21/97 (ICMSUSER) (Entered: 07/21/1997)

CERTIFICATE by plaintiff EEOC of serving second set of req for docs (PLW) (Entered: 08/05/1997)

REPORT OF RULE 26(f) PLANNING CONFERENCE (Form 35) (ETC) (Entered: 08/15/1997)

ORDER by Judge Lyle E. Strom denying motion for leave to propound up to 250 additional interrogs to dft [19-1]; a maximun of fifty request for admission to be submitted by each party; Plf shall identify its trial witnesses on the liability phase by Jan 1, 1998; dft shall identify its trial witnesses on the liability phase by April 1, 1998; Paragraphs 2(e), 3(f), 3 (g) and 4(c), 4(c) and 4(h) of the Rule 26(f) report dated June 30, 1997, are approved and adopted by the Court; Pretrial conference set for 7/9/98 at 9:00; Jury Trial set for 9/1/98; Discovery set for 6/15/98; scheduling cnf held 8:30 7/16/97 ; dispositive mtn will be filed by May 15, 1998 ; the final list of exhibits is due on or before May 1, 1998 - COPIES MAILED (ETC) Modified on 08/21/1997 (Entered: 08/15/1997)

NOTICE of service of dft's response & objs to plf's second set of requests for production of docs by defendant Nebco Evans Distr (ICMSUSER) (Entered: 09/03/1997)

NOTICE by defendant Nebco Evans Distribution, Inc. of serving dft's first request for production. (ETC) (Entered: 09/16/1997)

MOTION by defendant Nebco Evans Distr for protective order (ETC) (Entered: 10/02/1997)

INDEX by defendant Nebco Evans Distr re: motion for protective order [27-1]; (Attachments in separate folder) (ETC) (Entered: 10/02/1997)

ORDER by Judge Lyle E. Strom Case reassigned to Judge Joseph F. Bataillon - COPIES MAILED (DML) (Entered: 10/03/1997)

MOTION by plaintiff EEOC to compel discovery (ETC) (Entered: 10/06/1997)

INDEX by plaintiff EEOC re: motion to compel discovery [30-1]; (Original in separate folder) (ETC) (Entered: 10/06/1997)

CERTIFICATE by plaintiff EEOC of serving third set of requests for docs. (ETC) (Entered: 10/06/1997)

CERTIFICATE by plaintiff EEOC of serving good faith efforts to reslove discovery dispute. (ETC) (Entered: 10/06/1997)

ORDER by Judge Joseph F. Bataillon Case referred to Magistrate Judge Thomas D. Thalken for judicial supervision and processing of all pretrial matters - COPIES MAILED (ETC) (Entered: 10/07/1997)

STIPULATED PROTECTIVE ORDER by Judge Joseph F. Bataillon: Upon agreeemnt of plf and dft, and in order to preserve the confidentiality of certain personnel docs of employees of dft; Plf's counsel shall comply with each of the conditions regarding the personnel files for former and current employees provided by dft in the course of this litigation - COPIES MAILED (ETC) (Entered: 10/09/1997)

NOTICE by defendant Nebco Evans Distr of serving dft's amended disclosures (ICMSUSER) (Entered: 10/14/1997)

INDEX by plaintiff EEOC in response to plf's motion to compel discovery [30-1]; (Attachments in separate folder) (ETC) (Entered: 10/17/1997)

NOTICE by plaintiff EEOC of serving responses to dft's first request for production. (ETC) (Entered: 10/24/1997)

ORDER by Magistrate Judge Thomas D. Thalken denying motion for protective order [27-1]; Counsel for the dft shall have the telephone conf transcribed and file the transcript of the telephone conf as part of the record in this matter - COPIES MAILED (ETC) (Entered: 10/24/1997)

NOTICE by defendant Nebco Evans Distribution, Inc. of serving first amd ans to interrogs (First Set). (ETC) (Entered: 10/29/1997)

MOTION by plaintiff EEOC to extend time to provide expert reports (ETC) (Entered: 10/29/1997)

INDEX by plaintiff EEOC in support of motion to extend time to provide expert reports [41-1] (Attachments in separate folder) (ETC) (Entered: 10/29/1997)

NOTICE by defendant Nebco Evans Distribution, Inc of serving response to plf's third set of request for production of docs. (ETC) (Entered: 11/04/1997)

TRANSCRIPT of telephone conference on October 23, 197 at 9:10 (14 pages, Original in separate folder) (ETC) (Entered: 11/04/1997)

CERTIFICATE of service by plaintiff EEOC that plf's Second Set of Interrogatories were served by mail (ICMSUSER) Modified on 11/14/1997 (Entered: 11/10/1997)

JOINT MOTION by plaintiff EEOC and defendant Nebco Evans Distribution, Inc. for revision of progression order (ETC) (Entered: 11/18/1997)

NOTICE by defendant Nebco Evans Distribution, Inc., of serving ans to second set of interrogatories. (ETC) (Entered: 12/04/1997)

CERTIFICATE OF DEPOSITION by ct rptr for the depo of Robert Larson. (ETC) (Entered: 12/05/1997)

CERTIFICATE OF PROCEEDING by ct rptr taken on October 23, 1997. (ETC) (Entered: 12/05/1997)

ORDER by Magistrate Judge Thomas D. Thalken the Plf's motion to extend time to provide expert reports [41-1] is denied as moot; granting motion for revision of progression order [46-1]; An amended progression order will issue forthwith - COPIES MAILED (ETC) (Entered: 12/05/1997)

AMENDED PROGRESSION ORDER by Magistrate Judge Thomas D. Thalken; jury trial set for 11/1/98; pretrial conf set for 10:00 on 9/9/98 before Magistrate Judge Thomas D. Thalken; discovery set for 7/30/98 - COPIES MAILED (ETC) Modified on 08/13/1998 (Entered: 12/05/1997)

ORDER by Magistrate Judge Thomas D. Thalken denying motion to compel discovery [30-1] - COPIES MAILED (ETC) (Entered: 12/09/1997)

APPLICATION/ORDER by Clerk adding attorney Merrily S. Archer to practice pro hac vice as to Plf EEOC - COPIES MAILED (ETC) (Entered: 12/18/1997)

ATTORNEY APPEARANCE for plaintiff EEOC; atty Merrily S. Archer. (ETC) (Entered: 12/19/1997)

NOTICE by defendant Nebco Evans Distribution, Inc of serving first set of interrogs. (ETC) (Entered: 12/22/1997)

NOTICE by plaintiff EEOC of taking deposition (Duces tecum) of Alfonza Whitaker on 1/14/98 9:00. (ETC) (Entered: 01/06/1998)

NOTICE by defendant Nebco Evans Distribution, Inc of serving second amd disclosures. (ETC) (Entered: 01/20/1998)

CERTIFICATE by plaintiff EEOC of serving ans to dft's first set of interrogatories to plf. (ETC) Modified on 01/28/1998 (Entered: 01/27/1998)

APPLICATION/ORDER by Clerk adding attorney Mia E. Bitterman to practice pro hac vice re Plf EEOC - COPIES MAILED (ETC) (Entered: 01/27/1998)

NOTICE by defendant Nebco Evans Distribution, Inc of serving supplemental ans and obj to second set of interrogs. (ETC) (Entered: 02/06/1998)

CERTIFICATE by plaintiff EEOC of serving third set of interrogs and fourth request for docs. (ETC) (Entered: 02/16/1998)

NOTICE by defendant Nebco Evans Distr of serving rule 26(a)(2) disclosures upon the plf (TLS) (Entered: 02/23/1998)

OBJECTION by defendant Nebco Evans Distribution to plf's disclosure of liability phase witnesses (DML) (Entered: 02/28/1998)

MOTION by plaintiff EEOC for extension of time to disclose a rebuttal expert report (ADB) (Entered: 03/10/1998)

NOTICE by defendant Nebco Evans Distr of mailing discovery (ADB) (Entered: 03/13/1998)

MOTION by defendant Nebco Evans Distr to compel ans to its first set of interrog to P. and certificate of good faith (CJS) (Entered: 03/18/1998)

INDEX OF MATERIALS by defendant Nebco Evans Distr in response re: motion for extension of time to disclose a rebuttal expert report [66-1] (CJS) (Entered: 03/18/1998)

INDEX OF MATERIALS by defendant Nebco Evans Distr in support re: motion to compel ans to its first set of interrogs [68-1] (CJS) (Entered: 03/18/1998)

AFFIDAVIT of Charles F. Gotch (CJS) (Entered: 03/18/1998)

MOTION by plaintiff EEOC to compel disclosures and for sanctions against dft for failure to disclose and resp to discovery (TLS) (Entered: 03/25/1998)

CERTIFICATE by plaintiff EEOC of good faith efforts to resolve discovery disputes (TLS) (Entered: 03/25/1998)

INDEX by plaintiff EEOC in support of motion to compel disclosures and for sanctions against dft for failure to disclose and resp to discovery [72-2] - Attachments in separate folder (TLS) (Entered: 03/25/1998)

CERTIFICATE by plaintiff EEOC of serving Plf's Supplemental Answers to Dft's First Set of Interrogatories (ICMSUSER) (Entered: 04/03/1998)

INDEX by plaintiff EEOC in support of EEOC'S memorandum in opposition to dft's motion to compel ans to dft's first set of interrogs [72- 1] (ETC) (Entered: 04/06/1998)

AFFIDAVIT of J. Mark Baird regarding motion to compel disclosures [72-1] (ETC) (Entered: 04/06/1998)

INDEX by defendant Nebco Evans Distr in response to plf's motion to compel disclosures [72-1] and motion for sanctions against dft for failure to disclose and resp to discovery [72-2]; (Attachments in separate folder) (ETC) (Entered: 04/06/1998)

NOTICE by defendant Nebco Evans Distr of taking depositions of Roger Riha 4/14/98 at 9:00, Patrick Wallace 4/15/98 at 10:45; Ed Price 4/15/98 at 1:30; Greg Ramirez 4/15/98 at 3:15; George Lea 4/16/98 at 9:00; Charles Dunn 4/16/98 at 10:45; Richard Pearson 4/16/98 at 1:30; Nick Mueller 4/16/98 at 3:15; Richard Zimmerman 4/17/98 at 10:45; Mike Woells 4/17/98 at 1:30; Phillip May 4/17/98 at 3:15; Wlater Renshaw 4/18/98 at 10:45; Neil Peterson 4/20/98 at 10:45; Richard Osborn 4/20/98 at 1:30; David Johannes 4/20/98 at 3:15; Ralph Horn 4/21/98 at 9:00; Ruben Bentley 4/21/98 at 10:30; Joseph Mantich 4/21/98 at 4:00; Calvin Kirby 4/22/98 at 9:00 (ETC) (Entered: 04/08/1998)

MOTION by plaintiff EEOC for hearing on the mtn for sanctions , and, in the alternative for leave to file reply brief and suggestions in support (ETC) (Entered: 04/14/1998)

NOTICE by defendant Nebco Evans Distribution, Inc, of serving response to plf's fifth request for docs to dft Nos. 1-5, inclusive. (ETC) (Entered: 04/14/1998)

ORDER by Magistrate Judge Thomas D. Thalken granting the plf's motion for extension of time to disclose a rebuttal expert report [66-1] to the extent set forth herein; The plf shall have to on or before 5/15/98, to serve its expert reports and the dft shall have to on or before 6/8/98, to serve its expert reports; No subsequent reports will be permitted; The dft's motion to compel answers to interrogatories [68-1] is denied; The plf's motion to compel disclosures [72-1] and for sanctions [72-2] is denied; The plf shall have to on or before 6/12/98, to amend its witness list to add those persons first identified in the dft's supplemental disclosures of January 1998 and docs received by the plf in March of 1998; The plf may continue the depositions of the dft's management employees only with regard to the information first disclosed in the supplemental disclosures of January of 1998 and docs produced in March of 1998; The plf's request for a hearing on the motion for sanctions [80-1] or in the alternative, for leave to file a reply brief and suggestions in support [80-2] is denied - COPIES MAILED (ICMSUSER) (Entered: 04/21/1998)

NOTICE by defendant Nebco Evans Distribution, Inc of serving supplemental response to plf's third set of interrogs. (ETC) (Entered: 05/07/1998)

NOTICE by defendant Nebco Evans Distr of serving witness list upon the plf (TLS) (Entered: 05/18/1998)

MOTION by plaintiff EEOC to compel resp to plf's 5th req for production of docs (TLS) (Entered: 05/20/1998)

INDEX by plaintiff EEOC in support of motion to compel resp to plf's 5th req for production of docs [85-1] - Attachments in separate folder (TLS) (Entered: 05/20/1998)

AFFIDAVIT of Merrily S. Archer regarding motion to compel resp to plf's 5th req for production of docs [85-1] (TLS) (Entered: 05/20/1998)

MOTION by plaintiff EEOC to amend ddl for disclosing rule 26(a)(2) information for rebuttal experts (TLS) (Entered: 05/20/1998)

AFFIDAVIT of J. Mark Baird regarding motion to amend ddl for disclosing rule 26(a)(2) information for rebuttal experts [88-1] (TLS) (Entered: 05/20/1998)

NOTICE by defendant Nebco Evans Distr of taking deposition of Kenneth Backhus on May 28, 1998 at 10:45; Dennis Gottsch on May 28, 1998 at 1:30; Raymond Payton May 28, 1998 at 3:30; Carl Foutch on May 29, 1998 at 10:45; Robert Hallett on May 29, 1998 at 1:30 and Walter Renshaw on May 29, 1998 at 3:30. (ETC) (Entered: 05/20/1998)

INDEX by defendant Nebco Evans Distr re: motion to compel resp to plf's 5th req for production of docs [85-1]; (Attachments in separate folder) (ETC) (Entered: 05/29/1998)

INDEX by defendant Nebco Evans Distr re: motion to amend ddl for disclosing rule 26(a)(2) information for rebuttal experts [88-1]; (Attachments in separate folder) (ETC) (Entered: 05/29/1998)

OBJECTION by plaintiff EEOC to dft's Disclosure of Liability Phase Witnesses (ICMSUSER) (Entered: 06/03/1998)

NOTICE by defendant Nebco Evans Distribution, Inc of serving disclosures of expert testimony. (ETC) (Entered: 06/09/1998)

NOTICE by defendant Nebco Evans Distribution, Inc of serving list of exhibits (ETC) (Entered: 06/15/1998)

NOTICE by defendant Nebco Evans Distribution, Inc of serving supplemental ans to plf's third set of interrogs. (ETC) (Entered: 06/18/1998)

CERTIFICATE by plaintiff EEOC of serving exhibit list for the libility phase (ETC) (Entered: 06/23/1998)

CERTIFICATE OF SERVICE by plaintiff EEOC that Sixth set of requests for documents to dft was served by mail (ICMSUSER) (Entered: 06/23/1998)

OBJECTION by defendant Nebco Evans Distr to plaintiff EEOC's exhibit list for the liability phase (ADB) (Entered: 06/26/1998)

STATUS REPORT by plaintiff EEOC (ICMSUSER) Modified on 09/04/1998 (Entered: 06/26/1998)

OBJECTION by plaintiff EEOC to dft's exhibits (ETC) (Entered: 06/30/1998)

ORDER by Magistrate Judge Thomas D. Thalken regarding plf's fifth request for production of docs [85-1]; the dft shall provide an unredacted copy of the database document provided to Dr. Neumann to the court for in camera inspection on or before July 9, 1998 - COPIES MAILED (ETC) (Entered: 07/02/1998)