Case: EEOC v. Scolari Warehouse Markets

U.S. Equal Employment Opportunity Commission v. Scolari Warehouse Markets

U.S. Equal Employment Opportunity Commission vs. Scolari Warehouse Markets, Incorporated, a Nevada Corporation, d/b/a/ Scolari's Food and Drug

U.S. Equal Employment Opportunity Commission vs. Scolari Warehouse Markets, Incorporated, a Nevada Corporation, d/b/a/ Scolari's Food and Drug

U.S. Equal Employment Opportunity Commission vs. Scolari Warehouse Markets, Incorporated, a Nevada Corporation, d/b/a/ Scolari's Food and Drug

U.S. Equal Employment Opportunity Commission vs. Scolari Warehouse Markets, Incorporated, a Nevada Corporation, d/b/a/ Scolari's Food and Drug

EEOC v. Scolari Warehouse Markets, Inc.

EEOC v. Scolari's Warehouse Markets, Inc. a Nevada Corporation, D/B/A Scolari's Food and Drug

Carly Knight, Frank Dobbin, Alexandra Kalev

MISCELLANEOUS DOCUMENT obo P (Entered: 05/07/2004)

COMPLAINT obo P. (Entered: 05/07/2004)

SUMMONS ISSUED as to Scolari Warehouse. (Entered: 05/07/2004)

ACCEPTANCE OF SERVICE obo Scolaris Warehouse. (Entered: 05/27/2004)

AMENDED COMPLAINT with jury trial demand obo P (Entered: 07/02/2004)

MOTION TO DISMISS for failure to conciliate as required by Title 7 of the CRA of 1964 obo D. (Entered: 07/13/2004)

STATEMENT of material facts not in dispute in spt of mtn to dism #6 obo D. (Entered: 07/13/2004)

ORDER above entitled action is hereby reassigned to the Hon Howard D. McKibben, USDJ for all fur proceed. cnsl are advs that all fur doc sh bear the correct case # CV−N−04−0229−HDM RAM. Clk of Crt is dir to change the file and dkt to reflect this reass (Entered: 07/14/2004)

VERIFIED PETITION FOR PERMISSION TO PRACTICE PRO HAC VICE of Ray Artiano cnsl for D Scolari's Receipt 16447 (Entered: 07/26/2004)

DESIGNATION OF LOCAL COUNSEL of Mirandu Du, loc cnsl for out of state cnsl Ray Artiano (Entered: 07/26/2004)

VERIFIED PETITION FOR PERMISSION TO PRACTICE PRO HAC VICE of Lesa Wilson, out of state cnsl for D, Scolari's. receipt 16447 (Entered: 07/26/2004)

DESIGNATION OF LOCAL COUNSEL of Miranda Du, loc cnsl for out of state cnsl Lesa Wilson. cnsl for D (Entered: 07/26/2004)

RESPONSE IN OPPOSITION TO MOTION to D mtn to dism #6 obo P. (Entered: 08/02/2004)

OBJECTION TO REPORT AND RECOMMENDATIONS to D mtn to dism #6 and request to exclude from D moving papers factual material extraneous to the pleadings or in the alt to strike the mtn and supporting materials in their entirety obo P. (Entered: 08/02/2004)

MISCELLANEOUS DOCUMENT to oppo #13 to mtn dism #6 obo P. (Entered: 08/03/2004)

REPLY TO RESPONSE TO MOTION in supprt of Rule 12(b)(6) mtn to dism (#6) obo D. (m) (Entered: 08/13/2004)

MISCELLANEOUS DOCUMENT declaratn of Ray J. Artiano in supprt of 12(b)(6) mtn to dism (#6) obo D. (m) (Entered: 08/13/2004)

RESPONSE IN OPPOSITION TO MOTION to Ps objectn to mtn or in the alt to strk (# ) obo D. (m) (Entered: 08/13/2004)

CERTIFICATE OF INTERESTED PARTIES obo D. (Entered: 09/13/2004)

ORDER parties have 5 days from date of receipt of this m/o to submit said disc plan and sched order (Entered: 09/14/2004)

MISCELLANEOUS DOCUMENT disc plan and sched order this date (Entered: 09/21/2004)

SCHEDULING ORDER discovery c/o 4/8/05; dispositive mtns c/o 5/7/05; PTO due 6/7/05; maj packet sent to parties (Entered: 09/30/2004)

NOTICE OF CHANGE OF ADDRESS law firm from Stutz Gallagher, Artiano, Shinoff and Holtz to Stutz Artiano Shinoff &Holtz. suite #1500 . correct zip code is 92101−7906. (Entered: 10/12/2004)

MOTION FOR MISCELLANEOUS RELIEF for partial sstay or disc pend decision on mtn to dism obo D. (Entered: 11/17/2004)

MISCELLANEOUS DOCUMENT to mtn to dism #6 obo D. (Entered: 11/17/2004)

MOTION FOR MISCELLANEOUS RELIEF to supplement mtn to dism #6 obo P. (Entered: 11/17/2004)

MOTION FOR MISCELLANEOUS RELIEF for disc guidance obo D. (Entered: 11/17/2004)

RESPONSE IN OPPOSITION TO MOTION to mtn for disc guidance #26 obo P. (Entered: 12/07/2004)

ORDER Ds mtn to dism #6 is denied without prej to be renewed as a mtn for S/J. P's req to exclude frm D's moving papers factual material #14 is granted. D's mtn to supplement its mtn to dis #25 is denied. (Entered: 12/17/2004)

REPLY TO RESPONSE TO MOTION in spt of mtn to supplement #25 obo D. (Entered: 12/20/2004)

REPLY TO RESPONSE TO MOTION in spt of mtn for disc quidance #26 obo D. (Entered: 12/21/2004)

ORDER D's mtn for partial Stay #23 is denied as moot. (Entered: 12/21/2004)

ORDER teleph hrng set for 1/18/05 130pm re D's mtn for disc guidance #26 and P's counter mtn for protective order #28. cnsl notif. (Entered: 12/21/2004)

ANSWER TO COMPLAINT to first amend complaint #5 obo D. (Entered: 01/03/2005)

REPLY TO RESPONSE TO MOTION to D oppo to P counter mtn for protective order obo P. (Entered: 01/04/2005)

MISCELLANEOUS HEARING re mtns #26 and 28 dtd 1/18/05: Ord that McClinton will ID the people with whom the EECO has agreement to be part of this case. They will be the claimants. the other people who McClinton has a good reason to believe may join wil (Entered: 01/19/2005)

MOTION FOR PROTECTIVE ORDER and for sanctions (emerg) obo D (Entered: 02/03/2005)

ORDER hrng set for 2/11/05 230pm re D mtn for protective order and sanction #37. courtesy copy of P rspn sh be sent ot chambers by 2/10/05. cnsl notif. (Entered: 02/04/2005)

REPLY TO RESPONSE TO MOTION in spt of mtn for protective order and sanctions #37 obo D. (Entered: 02/09/2005)

RESPONSE IN OPPOSITION TO MOTION to mtn for protective ord &for sanctns (#37) obo P. (f) (Entered: 02/15/2005)

MISCELLANEOUS HEARING (Dtd: 2/11/05) ORD tht mtn for protective ord &for sanctns (#37) is tkn under submission. Crt will iss a written ord. (Tape #05−025) (Entered: 02/15/2005)

STRICKEN DOCUMENT(S) 2nd supplmntl memo of law in supprt of mtn for protective ord &for sanctns obo D. (f/m) stricken and return per #45 (Entered: 02/17/2005)

STRICKEN DOCUMENT(S) in spt of P oppo to D 2d supplemental reply obo P. stricken and rtn per #45 (Entered: 02/23/2005)

STRICKEN DOCUMENT(S) and objctn to D's 2d supplemental reply obo P stricken and rtn per #45. (Entered: 02/23/2005)

ORDER Doc #42, 43 44 therefore stricken and CLk sh rtn the doc to respective attys. (Entered: 03/01/2005)

ORDER D mtn for protective order and for sanctions #37 is denied. (Entered: 03/01/2005)

MOTION FOR PROTECTIVE ORDER that deposition of Latayna Williams not be taken obo P. (Entered: 03/07/2005)

MOTION TO COMPEL responses to interrog and request for admissions, to compel production of withdheld docs and for sanctions obo D. Scolari's. placed in separate folder due to size (Entered: 03/16/2005)

RESPONSE IN OPPOSITION TO MOTION to EEOC mtn for protective order #48 obo D. Scolari (Entered: 03/22/2005)

MISCELLANEOUS DOCUMENT to doc #50 re mtn for protective order #48 obo D (Entered: 03/23/2005)

ORDER teleph hearing set 4/14/05 130pm re Ps mtn for protective order #48 and D mtn to comepl #49. courtroom dep will ilnitiate calls. cnsl notif. (Entered: 03/29/2005)

REPLY TO RESPONSE TO MOTION in spt of mtn for protect order #48 obo P. (Entered: 04/05/2005)

RESPONSE IN OPPOSITION TO MOTION to mtn to compel #49 obo P (Entered: 04/05/2005)

REPLY TO RESPONSE TO MOTION in spt of mtn to compel #49 obo Ds. Scolari (Entered: 04/11/2005)

MISCELLANEOUS HEARING re mtns #48 and 49 dtd 4/14/05: court grants mtn #48 for protective order to extent that depo of Ms Williams may be taken limited to the statements and the circumstances re the statements, but no as to any conciliation; Court order (Entered: 04/18/2005)

MOTION FOR SUMMARY JUDGMENT obo D. (Entered: 07/18/2005)

MOTION FOR MISCELLANEOUS RELIEF to file brief in excess of 30 pages in spt of mtn for S/J (#57) obo D. (brief attached in separate folder) (Entered: 07/18/2005)

ORDER D mtn to file an oversized brief #58 is granted. (Entered: 07/25/2005)

AFFIDAVIT of Gregory L. McClinton in spt of dism and or stay of D's mtn for S/J and or for leave to conduct additional disc obo P. (Entered: 08/09/2005)

MOTION FOR MISCELLANEOUS RELIEF to disqualify cnsl with declaration of Greogry L McClinon and exbt 1−4 obo P. (Entered: 08/10/2005)

MOTION FOR MISCELLANEOUS RELIEF and application purs to FRCP Rule 56(f) and affid of Gregory L. McClinton for dism and or stay of D's mtn for summary judgment and or for leave to conduct addtnl disc obo P. (Entered: 08/10/2005)

MISCELLANEOUS DOCUMENT unsigned order allow P req for D mtn for S/J be stayed until the disc c/o date of 12/25/05. (Entered: 08/10/2005)

ORDER P sh not be required to rspnd to D mtn for S/J until D responds to P mtn for a stay that was filed with teh court on 8/8/05 and the court rules on the mtn. (Entered: 08/10/2005)

RESPONSE IN OPPOSITION TO MOTION to mtn and application #62 obo D. (Entered: 08/24/2005)

RESPONSE IN OPPOSITION TO MOTION to mtn to disqualify #61 obo D (Entered: 08/29/2005)

RESPONSE IN OPPOSITION TO MOTION to disqualify #61 obo D. (Entered: 08/29/2005)

REPLY TO RESPONSE TO MOTION in spt of mtn #62 obo P (Entered: 09/09/2005)

REPLY TO RESPONSE TO MOTION in spt of mtn to disqualify cnsl #62 obo P. (Entered: 09/12/2005)

MISCELLANEOUS DOCUMENT re mtn to disqualify #61 obo D (Entered: 09/13/2005)

ORDER D supplement #71 is withdrawn or in alt disregard till 9/16/05 (Entered: 09/21/2005)

ORDER hearing re Mtn to disqualify counsel #61 set for 10/18/05 9am (Entered: 09/30/2005)

MISCELLANEOUS HEARING (Dtd: 10/18/05) Hrg on Mtn to disq (#61); Mtn will be denied, but a written ord will follow. (FTR 9:01am−9:25am) (Entered: 10/20/2005)

ORDER P's mtn to disqualify cnsl #61 is denied. (Entered: 10/28/2005)

ORDER disc c/o 12/25/05; partiesd will exchange expoert info by 1/8/06; interim status rpt due by 12/25/05 (Entered: 11/01/2005)

MOTION for Sanctions against the EEOC re frivolous mtn to disqualify the law firm of Stutz Artiano Shinoff &Holtz, APC obo Defendant Scolari Warehouse Markets, Inc, a Nv Corp, dba Scolari Food and Drug. Responses due by 11/22/2005. (WJ, ) (Entered: 11/10/2005)

ORDER action reassigned to the Honorable Brian E. Sandoval. Signed by Judge Philip M. Pro on 11/16/05. (LG, ) (Entered: 11/16/2005)

RESPONSE to 77 MOTION for Sanctions; filed by Plaintiff U.S. Equal Employment Opportunity Commission. Replies due by 12/6/2005. (JAR, ) (Entered: 12/05/2005)

STIPULATION − to ext the discovery c/o date by Plaintiff U.S. Equal Employment Opportunity Commission. (JAR, ) (Entered: 12/05/2005)

SCHEDULING ORDER pursuant to Stipulation to Extend the Discovery Cut Off Date 80 ; Discovery Cut−Off: March 31, 2006; Dispositive Motions: April 30, 2006; Joint Pretrial Order: May 30, 2006. Signed by Judge Robert A. McQuaid Jr. on 12/6/05. (HJ, ) (Entered: 12/06/2005)

MINUTE ORDER IN CHAMBERS of the Honorable Robert A. McQuaid Jr., U.S. Magistrate Judge on 12/8/2005. By Deputy Clerk: GMM . A telephonic Hearing regarding the Motion for Sanctions 77 is set for 12/16/2005 10:00 AM in Reno Courtroom 2 before Magistrate Judge Robert A. McQuaid Jr. Counsel shall contact the courtroom deputy, Gina Mugnaini, at (775) 686−5758, two days in advance of the hearing to advise her of the telephone number(s) where they may be reached for the hearing. The courtroom deputy will initiate the conference call. The parties have been notified telephonically and by

TRANSCRIPT of Proceedings: re telephonic mtn hrg held on 12/16/05 before Judge Robert A. McQuaid, Jr. Court Reporter: Donna Davidson. (SA, ) (Entered: 12/28/2005)

First MOTION to Reconsider Magistrate Judge Order Rule 11 Sanctions by Plaintiff U.S. Equal Employment Opportunity Commission. Responses due by 1/22/2006. (McClinton, Gregory) (Entered: 01/04/2006)

Exhibits to 85 First MOTION to Reconsider Magistrate Judge Order Rule 11 Sanctions by Plaintiff U.S. Equal Employment Opportunity Commission. Responses due by 1/22/2006. (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 Exhibit Exhibit 7# 8 Exhibit Exhibit 8# 9 Exhibit Exhibit 9# 10 Exhibit Exhibit 10# 11 Exhibit Exhibit 11# 12 Index Index of Exhibits# 13 Declaration Declaration of Anna Park# 14 Proposed Order Proposed Order)(McClinton, Gregory) Modified on 8/17/2006 to link to #85 (AF) (Entered: 01/04/2006)

Submission of PROPOSED ORDER filed by Defendant Scolari Warehouse Markets, Inc, a Nv Corp, dba Scolari Food and Drug. RE: DISCOVERY CUTOFF (Kostic, Ljubisa) (Entered: 02/07/2006)

EX PARTE DOCUMENT Request for Status Conference filed by Defendant Scolari Warehouse Markets, Inc, a Nv Corp, dba Scolari Food and Drug. (Kostic, Ljubisa) (Entered: 02/07/2006)

AMENDED SCHEDULING ORDER pursuant to 87 Stipulation to Extend the Discovery Cut Off Date. New discovery deadline: 6/29/2006; Dispositive motions deadline: 7/29/2006; Joint Pretrial Order deadline: 8/28/2006. Signed by Judge Robert A. McQuaid Jr. (HJ, ) (Entered: 02/07/2006)

Third Party MOTION for Leave to Appear Appearance of Government Attorney. Permit Appearance of Government Attorney Attorney: Wilfredo Tungol. by Plaintiff U.S. Equal Employment Opportunity Commission. (Park, Anna) (Entered: 03/07/2006)

RESPONSE to 85 First MOTION to Reconsider Magistrate Judge Order Rule 11 Sanctions ; filed by Defendant Scolari Warehouse Markets, Inc, a Nv Corp, dba Scolari Food and Drug. Replies due by 3/29/2006. (Kostic, Ljubisa) (Entered: 03/15/2006)

RESPONSE to 86 First MOTION to Reconsider Magistrate Judge Order Rule 11 Sanctions ; filed by Defendant Scolari Warehouse Markets, Inc, a Nv Corp, dba Scolari Food and Drug. SUPPLEMENT Replies due by 3/30/2006. (Kostic, Ljubisa) (Entered: 03/16/2006)

ORDER granting 90 MOTION for Leave to Appear as of government attorney. Attorney: Wilfredo Tungol. by Plaintiff U.S. Equal Employment Opportunity Commission. (JAR, ) (Entered: 03/17/2006)

REPLY to Response to 85 First MOTION to Reconsider Magistrate Judge Order Rule 11 Sanctions ; filed by Plaintiff U.S. Equal Employment Opportunity Commission. (McClinton, Gregory) (Entered: 03/29/2006)

DECLARATION of Gregory L. McClinton re 85 First MOTION to Reconsider Magistrate Judge Order Rule 11 Sanctions ; filed by Plaintiff U.S. Equal Employment Opportunity Commission. Declaration in Support of Reply (Attachments: # 1 Exhibit Notice of Filing, Proof of Service and Declaration)(McClinton, Gregory) (Entered: 03/30/2006)

STIPULATION TO EXTEND DISCOVERY CUT OFF DATE by Defendant Scolari Warehouse Markets, Inc, a Nv Corp, dba Scolari Food and Drug. (Kostic, Ljubisa) (Entered: 05/02/2006)

AMENDED SCHEDULING ORDER re 97 Stipulation to Extend Discovery Cut−Off Date. Discovery due by 9/27/2006. Motions due by 10/27/2006. Proposed Joint Pretrial Order due by 11/26/2006. Signed by Judge Robert A. McQuaid Jr. on 5/2/2006. (HJ, ) (Entered: 05/02/2006)

MINUTE ORDER IN CHAMBERS of the Honorable Philip M. Pro, U.S. District Judge on 6/21/2006. By Deputy Clerk: Lia Griffin. IT IS ORDERED that this case is reassigned to Judge Howard D. McKibben for all further proceedings. Judge Brian E. Sandoval no longer assigned to case. All further documents must bear the correct case number 3:04−cv−00229−HDM−RAM. (no image attached) (LG, ) (Entered: 06/21/2006)

ORDER tht the Magistrate Judge has extended discovery til 9/27/06, The D's Mtn for SJ doc # 57 is DENIED without prejudice to renew 15 days after the close of discovery. Signed by Judge Howard D. McKibben on 6/22/06. (SA, ) (Entered: 06/22/2006)

ORDER denying 85 Motion to Reconsider Magistrate Judge Order; P−EEOC req to set aside rule 11 sanctions 85 is denied w/o prejudice, see ord for spec. Signed by Judge Howard D. McKibben on 8/7/06. (JAR, ) (Entered: 08/07/2006)

STIPULATION JOINT APPLICATION AND STIPULATION RE: DEPOSITION, MOTION SCHEDULE, EXPERT REPORT AND [PROPOSED] ORDER by Plaintiff U.S. Equal Employment Opportunity Commission. (McClinton, Gregory) (Entered: 09/27/2006)

ORDER ON STIPULATION re 102 Stipulation re Deposition Schedule and Expert Report. See Stip/Order for further details. Signed by Judge Robert A. McQuaid Jr. on 9/27/2006. (HJ, ) (Entered: 09/28/2006)

MOTION for Summary Judgment and motion to file brief in excess of 30 pages by Defendant Scolari Warehouse Markets, Inc, a Nv Corp, dba Scolari Food and Drug. Responses due by 11/11/2006. (Attachments: # 1 Second half of the MSJ# 2 Separate Statement of Undisputed Facts (Original)# 3 Supplemental Separate Statement of Undisputed Facts# 4 Index Index of Exhibits# 5 Exhibit Exhibits 1 to 1−A# 6 Exhibit 1−B to 2−C# 7 Exhibit 2−D to 3−I# 8 Exhibit 3−J to 3−N# 9 Exhibit 3−O# 10 Exhibit 3−P to 3−BB# 11 Exhibit 3−CC to 3−II# 12 Exhibit 3−JJ to 3−NN# 13 Exhibit 3−OO to 3−QQ# 14 Exhibit 3−RR to 3−WW# 15 Exhibit 3−XX (first half)# 16 Exhibit 3−XX (second half)# 17 Exhibit 3−YY to 3−III# 18 Exhibit 3−JJJ to 3−LLL (half)# 19 Exhibit 3−LLL (2nd half) to 3−NNN# 20 Exhibit 3−OOO# 21 Exhibit 4 to 5−A (beginning)# 22 Exhibit 5−A (middle)# 23 Exhibit 5−A (end)# 24 Exhibit 6 to 7−B# 25 Exhibit 7−C# 26 Exhibit 7−D to 7−F# 27 Exhibit 7−G to 7−H# 28 Exhibit 7−I# 29 Exhibit 7−J to 7−K# 30 Exhibit 7−L to 7−M# 31 Exhibit 7−N to 7−Q# 32 Exhibit 7−R to 7−S)(Kostic, Ljubisa) (Entered: 10/24/2006)