Case: EEOC v. ASI MILLWORK, INC.

EEOC v. ASI Millwork Inc.

EEOC v. ASI Millwork Inc.

EEOC v. ASI Millwork Inc.

EEOC v. ASI Millwork Inc.

EEOC v. ASI Millwork Inc.

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT filed; (5) (alh) (Entered: 09/29/2000)

DEMAND for jury trial by plaintiff EEOC (5) (alh) (Entered: 09/29/2000)

SUMMONS(ES) issued for defendant ASI Millwork Inc (ISS-1) (alh) (Entered: 09/29/2000)

PRELIMINARY ASSIGNMENT TO Magistrate Judge Jane J Boyle (alh) (Entered: 09/29/2000)

CERTIFICATE OF INTERESTED PERSONS by plaintiff EEOC (2) (alh) (Entered: 10/11/2000)

RETURN OF SERVICE executed as to defendant ASI Millwork Inc by delivering to registered agent George A Hoover 10/20/00 Answer due on 11/9/00 for ASI Millwork Inc (1) (alh) (Entered: 10/31/2000)

ANSWER to Complaint by defendant ASI Millwork Inc (Attorney Robbyn Pelkey Wysocki), (3) (alh) (Entered: 11/13/2000)

STATUS REPORT ORDER shall be filed within 21 days of the date of this order. ( signed by Judge Sanders) Copies to counsel: 11/13/00 Page(s): 2 (lch) (Entered: 11/13/2000)

JOINT STATUS REPORT by plaintiff EEOC, defendant ASI Millwork Inc (3) (cxj) (Entered: 12/05/2000)

SCHEDULING ORDER setting Jury trial set for 1/7/02 ; Joining of Parties on 12:00 7/2/01 ; Amending of Pleadings on 12:00 7/2/01 ; Deadline for filing of dispositive motions 10/9/01 ; Discovery cutoff 10/9/01 ; Proposed pretrial order due 12:00 10/3/01 ; Pretrial materials due on 12:00 10/10/01 ( signed by Judge Sanders) Copies to counsel: 12/12/00 Page(s): 4 (cxj) (Entered: 12/12/2000)

STATUS REPORT ORDER. Joint Status report due on 12:00 3/5/01 ( signed by Judge Sanders) Copies to counsel: 12/12/00 Page(s): 4 (cxj) (Entered: 12/12/2000)

Initial Disclosures by defendant ASI Millwork Inc (11) (cxj) (Entered: 12/21/2000)

JOINT STATUS REPORT by plaintiff EEOC, defendant ASI Millwork Inc (2) (cxj) (Entered: 03/06/2001)

ORDER referring case to ADR; Allen Butler ADR provider; Type of ADR: Mediation Requested by: Court ( Signed by Senior Judge Barefoot Sanders ) Copies to counsel: 03/06/01 Page(s): 2 (cxj) (Entered: 03/06/2001)

MOTION by defendant ASI Millwork Inc to compel discovery of medical records (7) (cxj) (Entered: 04/09/2001)

MEMORANDUM by defendant ASI Millwork Inc in support of [12-1] motion to compel discovery of medical records (15+) (cxj) (Entered: 04/09/2001)

APPENDIX by defendant ASI Millwork Inc in support of [12-1] motion to compel discovery of medical records (15+) (cxj) (Entered: 04/09/2001)

ORDER OF REFERENCE: [12-1] motion to compel discovery of medical records referred to Magistrate Judge Jane J. Boyle ( Signed by Senior Judge Barefoot Sanders ) Copies to counsel: 04/09/01 Page(s): 1 (cxj) (Entered: 04/09/2001)

ORDER...re dft's motion to compel discovery of medical records...the parties are directed to meet face-to-face in an attempt to resolve the dispute; this motion will be suspended until 4/30/01 ( Signed by Magistrate Judge Jane J. Boyle ) Copies to counsel: 04/10/01 Page(s) 2 (cxj) (Entered: 04/10/2001)

NOTICE of attorney appearance and notice of substitution of counsel for plaintiff EEOC by Ronetta J Francis (2). (amy) (Entered: 04/11/2001)

Memorandum from the office of Magistrate Boyle...hrg will not be necessary on dft's mtn to compel filed 4/6/01...please administratively close the order of reference filed 4/9/01. (2) (jrb) (Entered: 05/15/2001)

ORDER...Counsel for the parties are hereby directed to confer and to file a joint status report by noon, July 27, 2001, regarding the status of settlement negotiations in this case. The Mediator is directed to file the required report set forth in the March 5 Order by noon, July 27, 2001. The case remains on set on the Court's January 2002 Trial docket. See order for specifics. status report due for 12:00 7/27/01 ( Signed by Senior Judge Barefoot Sanders ) Copies to counsel: 7/16/01 Page(s) 1 (tem) (Entered: 07/16/2001)

JOINT STATUS REPORT by plaintiff EEOC, defendant ASI Millwork Inc (2) (dgt) (Entered: 07/23/2001)

Alternative Dispute Resolution Summary. Filed by ADR Provider Allen Butler . Attorneys in attendance Robbyn P Wysocki, Ronetta J Francis, Suzanne Michel Anderson . Prv Fee: $ 1700.00 Disposition: DNS (2) (dgt) (Entered: 07/24/2001)

Designation of Expert Witness by defendant ASI Millwork Inc (2) (dgt) (Entered: 08/28/2001)

***UNFILED PER ORDER ENTERED 9/4/01***AMENDED ANSWER to Complaint by defendant ASI Millwork Inc : amends [5-1] answer. Document returned to counsel per order (tem) Modified on 09/10/2001 (Entered: 09/04/2001)

***UNFILED PER ORDER ENTERED 9/4/01***RESPONSE/Opinion of Dr. Bernard L. Winstein in the matter of Equal Employment Opportunity Commission (15+). Document returned to counsel per order. (tem) Modified on 09/10/2001 (Entered: 09/04/2001)

ORDER...Accordingly, the Court Strikes both Defendant's First Amended Original Answer and the Letter from Ms. Wysocki to Ms. Francis. The Clerk of Court is directed to unfile both items and return to defendant's counsel. unfiling [23-1] answer by defendant ASI Millwork Inc due to the following. Copies to counsel: 9/4/01 (signed by Judge Barefoot Sanders ) Page(s) 1 (tem) Modified on 09/10/2001 (Entered: 09/04/2001)

UNOPPOSED MOTION by defendant ASI Millwork Inc to amend [5-1] answer (6) (exhibits not imaged) (dgt) Modified on 09/10/2001 (Entered: 09/06/2001)

ORDER granting [27-1] motion to amend [5-1] answer. Ordered that Dft's First Amended Original Answer be and hereby is filed with the papers of this case ( Signed by Senior Judge Barefoot Sanders ) Copies to counsel: 09.06.01 Page(s) 1 (dgt) Modified on 09/10/2001 (Entered: 09/06/2001)

FIRST AMENDED ORIGINAL ANSWER to Complaint by defendant ASI Millwork Inc : amends [5-1] answer (3) (dgt) Modified on 09/10/2001 (Entered: 09/06/2001)

MOTION by defendant ASI Millwork Inc to compel production of original audiotape for testing (6) (dgt) (Entered: 10/01/2001)

ORDER OF REFERENCE: Dft's [30-1] motion to compel production of original audiotape for testing referred to Magistrate Judge Jane J. Boyle for hearing, if necessary, and determination ( Signed by Senior Judge Barefoot Sanders ) Copies to counsel: 10.01.01 Page(s): 1 (dgt) (Entered: 10/01/2001)

ORDER setting hearing: Motion hearing set for 10:00 10/17/01 for [30-1] motion to compel production of original audiotape for testing Both sides, including any pro se parties, must attend the hearing. SEE ORDER FOR DETAILS ( Signed by Magistrate Judge Jane J. Boyle ) Copies to counsel: 10.3.01 Page(s): 2 (dgt) (Entered: 10/03/2001)

MOTION with memorandum in support by defendant ASI Millwork Inc for protective order (5) (tem) (Entered: 10/09/2001)

APPENDIX by defendant ASI Millwork Inc in support of [33-1] motion for protective order (15+) (Exhibits not imaged) (tem) (Entered: 10/09/2001)

MOTION with memorandum in support by plaintiff EEOC to exclude proposed expert testimony of Bernard Weinstein, Ph.D (15+) (Exhibits not imaged) (tem) (Entered: 10/09/2001)

MOTION by plaintiff EEOC for summary judgment (2) (tem) (Entered: 10/09/2001)

MEMORANDUM by plaintiff EEOC in support of [36-1] motion for summary judgment (14) (tem) (Entered: 10/09/2001)

ORDER...Defendant is directed to file a Response no later than noon, 10/24/01. Plaintiff may file a Reply no later than noon, 11/5/01. Response to motion reset to 12:00 10/24/01 for [35-1] motion to exclude proposed expert testimony of Bernard Weinstein, Ph.D , Reply to Response to Motion reset to 12:00 11/5/01 for [35-1] motion to exclude proposed expert testimony of Bernard Weinstein, Ph.D ( Signed by Senior Judge Barefoot Sanders ) Copies to counsel: 10/10/01 Page(s) 1 (tem) (Entered: 10/10/2001)

ORDER...Defendant is directed to file a Response no later than noon, October 29, 2001. Plaintiff may file a Reply no later than noon, November 13, 2001. Response to motion reset to 12:00 10/29/01 for [36-1] motion for summary judgment , Reply to Response to Motion reset to 12:00 11/13/01 for [36-1] motion for summary judgment ( Signed by Senior Judge Barefoot Sanders ) Copies to counsel: 10/10/01 Page(s) 1 (tem) (Entered: 10/10/2001)

MOTION by defendant ASI Millwork Inc for partial summary judgment (5) (tem) Modified on 10/10/2001 (Entered: 10/10/2001)

APPENDIX by defendant ASI Millwork Inc in support of [41-1] motion for partial summary judgment (15+) (Exhibits not imaged) (tem) (Entered: 10/10/2001)

ORDER...Plaintiff is directed to file a response. Defendant may file a reply. Response to motion reset to 12:00 10/29/01 for [41-1] motion for partial summary judgment , Reply to Response to Motion reset to 12:00 11/13/01 for [41-1] motion for partial summary judgment ( Signed by Senior Judge Barefoot Sanders ) Copies to counsel: 10/10/01 Page(s) 1 (tem) (Entered: 10/10/2001)

ORDER Motion hearing set for 8:30 10/18/01 for [33-1] motion for protective order , Response to motion reset to 12:00 10/17/01 for [33-1] motion for protective order See Order for specifics ( Signed by Magistrate Judge Jeff Kaplan ) Copies to counsel: 10/12/01 Page(s) 2 (nmc) (Entered: 10/12/2001)

RESPONSE in opposition by plaintiff EEOC to [30-1] motion to compel production of original audiotape for testing (2) (nmc) (Entered: 10/16/2001)

MEMORANDUM by plaintiff EEOC in support of [45-1] motion response (15+) (nmc) (Entered: 10/16/2001)

RESPONSE in opposition by plaintiff EEOC to [33-1] motion for protective order (2) (nmc) (Entered: 10/18/2001)

MEMORANDUM by plaintiff EEOC in support of [47-1] motion response (13) (nmc) (Entered: 10/18/2001)

Memo from Judge Boyle's Chambers stating that the motion to compel is withdrawn and to administratively close the order of refernce (nmc) (Entered: 10/18/2001)

Revised AFFIDAVIT of Robbyn Wysocki Re: [41-1] motion for partial summary judgment (15+) (nmc) (Entered: 10/18/2001)

Minute order: Motion hearing held before Magistrate Judge Jeff Kaplan Court Reporter: electronic (mlh) (Entered: 10/19/2001)

Motion hearing re: [33-1] motion for protective order Motion hearing held (mlh) Modified on 10/19/2001 (Entered: 10/19/2001)

AGREED ORDER granting [33-1] defendant's motion for protective order. Ordered that defendant is protected from responding to plaintiff's requests for admissions and from providing entry upon land. ( Signed by Magistrate Judge Jeff Kaplan ) Copies to counsel: 10.23.01 Page(s) 2 (aat) (Entered: 10/23/2001)

RESPONSE by defendant ASI Millwork Inc to [35-1] motion to exclude proposed expert testimony of Bernard Weinstein, Ph.D (15+) (jyg) (Entered: 10/24/2001)

APPENDIX by defendant ASI Millwork Inc in support of [54-1] motion response (15+)(USC)(not imaged) (jyg) (Entered: 10/24/2001)

RESPONSE by plaintiff EEOC in opposition to [41-1] motion for partial summary judgment (2) (jyg) (Entered: 10/25/2001)

MEMORANDUM by plaintiff EEOC in support of [56-1] opposition response (10) (jyg) (Entered: 10/25/2001)

APPENDIX by plaintiff EEOC in support of [57-1] support memorandum to response in opposition to dft's motion for partial summary judgment (3) (jyg) (Entered: 10/25/2001)

RESPONSE and brief in support thereof by defendant ASI Millwork Inc to [36-1] motion for summary judgment (13) (jyg) (Entered: 10/29/2001)

MOTION by defendant ASI Millwork Inc to strike [58-1] support appendix summary judgment evidence and request for entry of order (13) (jyg) (Entered: 10/29/2001)

APPENDIX by defendant ASI Millwork Inc in support of [59-1] motion response, [59-1] motion to strike [58-1] support appendix summary judgment evidence and request for entry of order (15+)(USC)(not imaged) (jyg) (Entered: 10/29/2001)

REPLY by plaintiff EEOC to response to [35-1] motion to exclude proposed expert testimony of Bernard Weinstein, Ph.D (15+)(exhibits not imaged) (jyg) (Entered: 11/06/2001)

REPLY by defendant ASI Millwork Inc to response to [41-1] motion for partial summary judgment (6) (mlh) (Entered: 11/14/2001)

REPLY by plaintiff EEOC to response to [36-1] motion for partial summary judgment and brief in support (9) (mlh) (Entered: 11/14/2001)

TRIAL BRIEF on the Issue of Mitigation by defendant ASI Millwork Inc (6) (jyg) (Entered: 12/03/2001)

TRIAL BRIEF by plaintiff EEOC (13) (jyg) (Entered: 12/03/2001)

Proposed issues and jury instructions/interrogatories by plaintiff EEOC (15+) (jyg) (Entered: 12/03/2001)

ORDER setting oral argument: Oral argument set for 2:00 12/10/01 for [35-1] motion to exclude proposed expert testimony of Bernard Weinstein, Ph.D Each side will be allowed 15 minutes and Plaintiff will open and close the argument ( Signed by Senior Judge Barefoot Sanders ) Copies to counsel: 12.4.01 Page(s): 1 (dgt) (Entered: 12/04/2001)

JOINT PRETRIAL ORDER filed ( signed by Judge Sanders) Copies to counsel: 12.05.01 Page(s): 22 (aat) (Entered: 12/05/2001)

ORDER On 12/4/01, the Court signed the joint pretrial order submitted by the parties. The Court noted the 3-5 days trial time estimated by the parties and is of the opinion that the trial should not take more than 3 days. The case will be tried under time limits which will be set by the Court prior to trial. ( Signed by Senior Judge Barefoot Sanders ) Copies to counsel: 12.05.01 Page(s) 1 (aat) (Entered: 12/05/2001)

ORDER...A pretrial conference is scheduled for this case on Thursday 1/3/02 at 3:00 pm ( Signed by Senior Judge Barefoot Sanders ) Copies to counsel: 12.5.01 Page(s) 1 (dgt) (Entered: 12/05/2001)

Deadline updated; set pretrial conference for 3:00 1/3/02 (dgt) (Entered: 12/05/2001)

ORDER Counsel are directed to prepare a joint exhibit list, joint list for designated deposition excerpts and objections, and joint report re: results of attempting to reach an agreement on all motions in limine no later than 12:00 12.19.01. See order for specifics. ( Signed by Senior Judge Barefoot Sanders ) Copies to counsel: 12.10.01 Page(s) 2 (aat) (Entered: 12/10/2001)

MEMORANDUM OPINION AND ORDER denying [36-1] plaintiff's motion for summary judgment, denying [41-1] defendant's motion for partial summary judgment. See order for specifics. ( Signed by Senior Judge Barefoot Sanders ) Copies to counsel: 12.10.01 Page(s): 5 (aat) (Entered: 12/10/2001)

Minute order: Oral argument on plaintiff's motion to exclude expert testimony of Bernard Weinstein, Ph.D. held before Senior Judge Barefoot Sanders. Court Reporter: Pam Wilson. (aat) (Entered: 12/11/2001)

MOTION with brief/memorandum in support by plaintiff EEOC in limine (Exhibit C not attached) (not imaged-duplicate) (15+) (dgt) Modified on 12/11/2001 (Entered: 12/11/2001)

MOTION with brief/memorandum in support by plaintiff EEOC in limine (15+) (exhibits not imaged) (dgt) Modified on 12/11/2001 (Entered: 12/11/2001)

OBJECTIONS/RESPONSE by plaintiff EEOC in opposition to Dft's Deposition Designations (15+) (dgt) (Entered: 12/11/2001)

OBJECTIONS/RESPONSE by plaintiff EEOC in opposition to Dft's Exhibits (15+) (exhibits not imaged) (dgt) (Entered: 12/11/2001)

Proposed voir dire questions by plaintiff EEOC (6) (dgt) (Entered: 12/11/2001)

OBJECTIONS/RESPONSE by defendant ASI Millwork Inc in opposition to Pla's Deposition Witness Designations (12) (dgt) (Entered: 12/11/2001)

Requested/Proposed voir dire questions by defendant ASI Millwork Inc (6) (dgt) (Entered: 12/11/2001)

MOTION with brief/memorandum in support by defendant ASI Millwork Inc in limine and objections to Pla's exhibit list (13) (dgt) (Entered: 12/11/2001)

ORDER denying [35-1] motion to exclude proposed expert testimony of Bernard Weinstein, Ph.D ( Signed by Senior Judge Barefoot Sanders ) Copies to counsel: 12/12/01 Page(s) 1 (djd) (Entered: 12/12/2001)

Motion hearing held re: [35-1] plaintiff's motion to exclude proposed expert testimony of Bernard Weinstein, Ph.D Motion. (aat) (Entered: 12/12/2001)

JOINT REPORT on motions in limine by defendant ASI Millwork Inc, plaintiff EEOC (4) (cxj) (Entered: 12/20/2001)

Joint Exhibit list by defendant ASI Millwork Inc, plaintiff EEOC (10) (cxj) (Entered: 12/20/2001)

Joint Designation of Depositions by defendant ASI Millwork Inc, plaintiff EEOC (2) (cxj) (Entered: 12/20/2001)

RESPONSE by plaintiff EEOC to [83-1] motion in limine and objections to Pla's exhibit list (15+) (cxj) (Entered: 12/20/2001)

Unopposed MOTION by defendant ASI Millwork Inc for leave to file motion to admit evidence of claimant's sexual conduct under seal (2) (djd) (Entered: 12/26/2001)

MOTION with memorandum in support by plaintiff EEOC to strike [86-1] exhibits list (15+)(exhibits not imaged) (jyg) (Entered: 12/26/2001)

ENTRY OF APPEARANCE for plaintiff EEOC by William C. Backhaus (2) (aat) (Entered: 01/03/2002)

SEALED DOCUMENT placed in sealed area (jyg) ***Unsealed pursuant to LR 79.4***Modified on 12/13/2004 (kdc, ). (Entered: 01/03/2002)

SEALED MOTION (jyg) ***Unsealed pursuant to LR 79.4*** Modified on 12/13/2004 (kdc, ). (Entered: 01/03/2002)

SEALED DOCUMENT placed in sealed area (jyg) ***Unsealed pursuant to LR 79.4*** Modified on 12/13/2004 (kdc, ). (Entered: 01/03/2002)

SEALED DOCUMENT placed in sealed area (jyg) ***Unsealed pursuant to LR 79.4*** Modified on 12/13/2004 (kdc, ). (Entered: 01/03/2002)

Minute order: Pretrial conference held before Senior Judge Barefoot Sanders. Court Reporter: Janet Wright. (mlh) (Entered: 01/08/2002)

Jury roll (7) (tem) (Entered: 01/07/2002)

Minute order: Jury trial day 1 held before Senior Judge Barefoot Sanders. Court Reporter: Janet Wright. (mlh) (Entered: 01/08/2002)