Case: EEOC v. WC&M ENTERPRISES INC (d/b/a STREATER-SMITH HONDA)

Equal Employment Opp v. WC&M Enterprises Inc

EEOC v. WC&M Enterprises Inc

EEOC v. WC & M Enterprises Inc

EEOC v. WC & M Enterprises Inc

U.S. Court of Appeals for the Fifth Circuit

EEOC v. WC&M Enterprises Inc

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT by Equal Employment Opp filed; (bchurchill) Additional attachment(s) added on 4/11/2006 (jdavenport, ). (Entered: 08/26/2004)

ORDER for conference set initial pretrial conference for 10:30 11/8/04 before Judge Lynn N. Hughes, entered; Parties notified. (bchurchill) Additional attachment(s) added on 4/11/2006 (jdavenport, ). (Entered: 08/26/2004)

ORDER for Disclosure.( Signed by Judge Lynn N. Hughes ) Parties notified.(sjones, ) (Entered: 09/14/2004)

SUMMONS Returned Executed as to WC&M Enterprises Inc served on 8/26/2004, answer due 9/15/2004, filed.(sjones, ) (Entered: 09/16/2004)

ORIGINAL ANSWER to Complaint with Jury demand by WC&M Enterprises Inc, filed.(sjones, ) (Entered: 09/17/2004)

ORDER Resetting Conference, The pretrial conference has been reset to 10/12/2004 @3:00pm. ( Signed by Judge Lynn N. Hughes ) Parties notified.(sjones, ) Modified on 9/23/2004 (sjones, ). Modified on 9/23/2004 (ltien, ). (Entered: 09/20/2004)

INITIAL DISCLOSURES by WC&M Enterprises Inc, filed.(sjones, ) (Entered: 10/10/2004)

Joint Chronology by Equal Employment Opportunity Commission, filed.(Bowne, Timothy) (Entered: 10/08/2004)

CONFERENCE MEMORANDUM: Appearances: Timothy M Bowne, Mark R Lapidus. By November 19, 2004, WC&M must depose Rofig. By November 19, 2004, the commission must depose Burgoon and Swigart. Pretrial Conference set for 11/29/2004 at 03:30 PM before Judge Lynn N. Hughes.( Signed by Judge Lynn N. Hughes ) Parties notified.(jhancock) (Entered: 10/14/2004)

UNOPPOSED MOTION To Extend Deadlines, by WC&M Enterprises Inc, filed. Motion Docket Date 12/12/2004. (Attachments: # 1)(psmith, ) (Entered: 11/23/2004)

RETURN of Service of Subpoena for Richard Burgeon, Executed on 11/2/04, filed.(mbergara, ) (Entered: 12/09/2004)

RETURN of Service of Subpoena on Jerry Swiggart, Executed on 11/2/04, filed.(mbergara, ) (Entered: 12/09/2004)

ORDER granting 10 Motion for Extension of Time, pretrial conference is reset to 1/18/2005 at 10:30 a.m. .( Signed by Judge Lynn N. Hughes ) Parties notified.(fwilliams) (Entered: 12/09/2004)

Subpoena as to Jerry Swiggart, filed.(sjones, ) (Entered: 12/29/2004)

SUBPOENA as to Richard Burgoon, filed.(sjones, ) (Entered: 01/04/2005)

ORDER parties to produce documents by 2/17/2005 .( Signed by Judge Lynn N. Hughes ) Parties notified.(fwilliams) (Entered: 01/19/2005)

CONFERENCE MEMORANDUM held in chambers before Judge Lynn Hughes on 1/18/05: Apps: Timothy M Bowne f/pltf, Mark R Lapidus f/deft. Order to be entered. A pretrial conference is set for 3/2/05 @4:30pm .( Signed by Judge Lynn N. Hughes ) Parties notified.(sjones, ) (Entered: 01/19/2005)

CONFERENCE MEMORANDUM: Appearances: Meagan Krudsen, Timothy M Bowne. Order to be entered. Pretrial Conference set for 4/6/2005 at 04:30 PM before Judge Lynn N. Hughes.( Signed by Judge Lynn N. Hughes ) Parties notified.(jhancock) (Entered: 03/04/2005)

ORDER: By March 4, 2005, the dealership must graph the sales data- including gross commissions- for all salesmen in Rafiq's group from May 2001 through October 2002. It must submit a copy to the court .( Signed by Judge Lynn N. Hughes ) Parties notified.(jhancock) (Entered: 03/04/2005)

Letter from Megan L. Knudsent re: 7 color charts that compare Mohommed Rafiq's gross earnings with the average gross earnings of all other Honda new car salesperson's at WC&M Enterprises Inc during the relevant time period, filed. (dkelly, ) Additional attachment(s) added on 5/23/2005 (dhansen, ). (Entered: 03/14/2005)

ORDER, The dealership must move for summary judgment by 3/25/2005.The commission must respond by 4/8/2005. ( Signed by Judge Lynn N. Hughes ) Parties notified.(bthomas, ) (Entered: 03/09/2005)

MOTION for Summary Judgment by WC&M Enterprises Inc, filed. Motion Docket Date 4/18/2005. (Attachments: # 1 Proposed Order)(dkelly, ) (Entered: 03/30/2005)

1 Proposed Order

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Opposed MOTION to Strike by Equal Employment Opportunity Commission, filed. Motion Docket Date 4/28/2005. (Attachments: # 1 Proposed Order)(Bowne, Timothy) (Entered: 04/08/2005)

1 Proposed Order

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RESPONSE to 22 WC&M's MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 Pt 2 # 2 Proposed Order)(dkelly, ) (Entered: 04/12/2005)

1 Pt 2

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2 Proposed Order

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Order: Motion Hearing set for 4/29/2005 at 10:00 AM in Courtroom 11C before Judge Lynn N. Hughes as to 22 MOTION for Summary Judgment, 23 Opposed MOTION to Strike, 24 Response to Motion. Parties notified. (jhancock) (Entered: 04/18/2005)

Minute Entry for motion hearing for proceedings held before Judge Lynn N. Hughes. Appearances:Megan Krudsen, Timothy M Bowne, Mark R Lapidus.(Court Reporter: Fred Warner)Order to be entered.(jhancock) (Entered: 05/03/2005)

ORDER: The Commission's 23 Opposed MOTION to Strike is DENIED. By May 13, 2005, the dealership must produce a chart comparing Rafiq's actual earnings and the average tenure for a new-car salesman. The dealership may amend its motion for summary judgment by May 6, 2005. The commission may respond by May 13, 2005.( Signed by Judge Lynn N. Hughes ) Parties notified.(psmith, ) (Entered: 05/05/2005)

First Amended MOTION for Summary Judgment by WC&M Enterprises Inc, filed. Motion Docket Date 5/31/2005. (Attachments: # 1 Proposed Order)(rroberts, ) (Entered: 05/10/2005)

1 Proposed Order

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RESPONSE to 28 First Amended MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order)(sfedele, ) (Entered: 05/13/2005)

1 Proposed Order

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Response from atty Meagan L. Knudsen to Court's 27 Order dated 5/4/05 (sjones, ) Additional attachment(s) added on 5/24/2005 (dhansen, ). (Entered: 05/20/2005)

ORDER: The commission has until 06/03/2005, to submit whatever analysis of the sales data it wants the court to review, including a comparison of the earnings of Mohommed Rafiq, Phil Gemmer, and Matthew Kiene.( Signed by Judge Lynn N. Hughes ) Parties notified.(dhansen) (Entered: 05/26/2005)

SUPPLEMENT to 29 Response to 28 First Amended MOTION for Summary Judgment by Equal Employment Opportunity Commission, filed.(rwestmoreland, ) Modified on 6/6/2005 - linked to #29 (ltien, ). Additional attachment(s) added on 6/6/2005 (ltien, ). (Entered: 06/06/2005)

SUPPLEMENT to its 29 Response to WC&M's First Amended Motion for Summary Judgment, by Equal Employment Opportunity Commission, filed.(psmith, ) (Entered: 06/06/2005)

Letter Request from Mark R. Lapidus to file a brief reply on behalf of WC&M Enterprises to the EEOC's supplement to its response to WC&M's first amended motion for summary judgment. (dkelly) (Entered: 06/10/2005)

ORDER: By June 24, 2005, the dealership may reply.( Signed by Judge Lynn N. Hughes ) Parties notified.(dkelly) (Entered: 06/17/2005)

Defendant's Reply to EEOC's Response to its 28 MOTION for Summary Judgment, filed by WC&M Enterprises Inc. (Attachments: # 1 Continuation)(rroberts, ) (Entered: 06/27/2005)

1 Continuation

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OPINION on Summary Judgment. On it's 28 MOTION for Summary Judgment, Streater-Smith will prevail, and the commission will take nothing.( Signed by Judge Lynn N. Hughes ) Parties notified.(dkelly)

FINAL JUDGMENT: the EEOC takes nothing from WC&M Enterprises, Inc. ( Signed by Judge Lynn N. Hughes ) Parties notified.(dkelly, ) (Entered: 10/20/2005)

NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit by Equal Employment Opportunity Commission (Filing fee $ 255), filed.(Bowne, Timothy) (Entered: 12/15/2005)

Transmittal Letter to US Court of Appeals for the Fifth Circuit re: 39 Notice of Appeal. Fee status: gov, filed.(jdavenport, ) (Entered: 12/20/2005)

TRANSCRIPT ORDER FORM re: 39 Notice of Appeal by Equal Employment Opportunity Commission. This is to order a transcript of the following proceedings: Pre-Trial Hearing held on April 29, 2005 before Judge Hughes. Court Reporter: Fred Warner, filed.(psmith, ) (Entered: 01/11/2006)

Notice of Docketing Notice of Appeal from US Court of Appeals for the Fifth Circuit re: 39 Notice of Appeal. USCA No. 05-21090, filed.(jdavenport, ) (Entered: 01/11/2006)

APPEAL TRANSCRIPT of motion hearing held on 4/29/05 before Judge Lynn Hughes re: 39 Notice of Appeal. Court Reporter: Fred Warner, filed.(cpeebles) Additional attachment(s) added on 4/11/2006 (jdavenport, ). (Entered: 03/30/2006)

Record on Appeal with certified docket sheet transmitted to US Court of Appeals for the Fifth Circuit re: 39 Notice of Appeal ; consisting of 3 volumes of electronic record, 2 of record and 1 of transcript (USCA No. 05-21090), filed.(jdavenport, ) (Entered: 04/19/2006)

NOTICE of Receipt of Record on Appeal from US Court of Appeals for the Fifth Circuit re: 39 Notice of Appeal. USCA No. 05-21090. Record received by USCA on 4/24/2006, filed.(ltien, ) (Entered: 05/18/2006)

This entry is a duplicate of 45 . NOTICE of Receipt of Record on Appeal from US Court of Appeals for the Fifth Circuit re: 39 Notice of Appeal. USCA No. 05-21090. Record received by USCA on 4/24/2006, filed.(blacy, ) Modified on 5/18/2006 (ltien, ). (Entered: 05/18/2006)

USCA Letter from the US Court of Appeals for the Fifth Circuit re: 39 Notice of Appeal (USCA No. 05-21090). The electronic copy of the record has been recycled.(dhays, ) Modified on 10/15/2007 (dhays, ). (Entered: 10/05/2007)

Per Curiam of USCA for the Fifth Circuit (copy) dated 8/10/07 re: 39 Notice of Appeal ; USCA No. 05-21090. Reversed and Remanded. Case reopened on 10/5/07, filed.(rvazquez, ) (Entered: 10/05/2007)

Judgment of USCA for the Fifth Circuit (certified copy) dated 8/10/07 issued as mandate 10/02/07; re: 39 Notice of Appeal ; USCA No. 05-21090. Judgment is reversed, and the cause is remanded to the District Court for further proceedings, filed.(dhays, ) (Entered: 10/05/2007)

Joint MOTION for Entry of Order re: Entry of Consent Decree by Equal Employment Opportunity Commission, filed. Motion Docket Date 10/29/2007. (Attachments: # 1 Proposed Order Consent Decree)(Bowne, Timothy) (Entered: 10/09/2007)

1 Proposed Order Consent Decree

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CONSENT DECREE re: 50 Joint MOTION for Entry of Order re: Entry of Consent Decree. Case terminated on 10/12/2007.( Signed by Judge Lynn N. Hughes ) Parties notified.(dkelly, ) (Entered: 10/12/2007)

CONSENT DECREE.( Signed by Judge Lynn N. Hughes ) Parties notified.(dkelly, ) (Entered: 10/17/2007)