Case: EEOC v. Watkins Motor Lines, Inc.

EEOC v. Watkins Motor Lines

U.S. Court of Appeals for the Sixth Circuit

EEOC v. Watkins Motor Lines

EEOC v. Watkins Motor Lines

EEOC v. Watkins Motor Lines

EEOC v. Watkins Motor Lines

U.S. Court of Appeals for the Sixth Circuit

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT with jury demand ( no. pgs: 6) (rp) (Entered: 10/31/2002)

Summons issued as to defendant Watkins Motor Lines (rp) (Entered: 10/31/2002)

WAIVER OF SERVICE mailed to defendant Watkins Motor Lines on 11/5/02 Answer due on 1/4/03 for Watkins Motor Lines ( no pgs: 1) (rp) (Entered: 12/06/2002)

ANSWER by defendant Watkins Motor Lines; jury demand ( no pgs: 5) (rp) (Entered: 01/02/2003)

CORPORATE DISCLOSURE STATEMENT by defendant Watkins Motor Lines ( no pgs: 2) (rp) (Entered: 01/02/2003)

NOTICE setting this action for Preliminary PTC 8:30 3/11/03 no pgs: 2 (cc: all counsel) (re) (Entered: 01/09/2003)

MOTION by defendant Watkins Motor Lines for admission of attorney Ashlee J Mann pro hac vice (FEE PAID) ( no pgs: 3 w/attachments) (rp) (Entered: 01/17/2003)

MOTION by defendant Watkins Motor Lines for admission of attorney Frank B Shuster pro hac vice (FEE PAID) ( no pgs: 3 w/attachments) (rp) (Entered: 01/17/2003)

MOTION by plaintiff EEOC for admission of attorney Jeffrey A Stern pro hac vice (NO FEE, EEOC Attorney)( no pgs: 3 w/attachment) (rp) Modified on 01/23/2003 (Entered: 01/23/2003)

ORDER by Judge Thomas M. Rose granting motion for admission of attorney Frank B Shuster pro hac vice [8-1] (cc: all counsel) ( no pgs: 1) (re) (Entered: 01/23/2003)

ATTORNEY APPEARANCE for defendant Watkins Motor Lines by Frank Barry Shuster ( no pgs: 0) (re) (Entered: 01/23/2003)

ORDER by Judge Thomas M. Rose granting motion for admission of attorney Ashlee J Mann pro hac vice [7-1] (cc: all counsel) ( no pgs: 1) (mkb) (Entered: 01/24/2003)

Rule 26(f) Report of parties to Judge Rose filed by plaintiff & defendant ( no pgs: 3) (bw) Modified on 02/28/2003 (Entered: 02/27/2003)

PPTC ORDER by Judge Thomas M. Rose ; Discovery ddl set for 10/6/03 ; FPTO ddl set for 3/9/04 ; Final pretrial conf in chambers set for 4:00 3/18/04 ; Prelim pretrial conf held 8:30 3/11/03 ; Status conference by phone set for 8:30 10/15/03 ; Disml pprs ddl set for 4/10/03 ; Mtn filing ddl set for 11/10/03 ; Jury trial (5 days) set for 9:00 4/19/04 , and Witness lists ddl set for 8/8/03 and 9/8/03 ; Trial Exhibit ddl set for 3/16/04 (cc: counsel) ( no pgs: 4) (rp) (Entered: 03/13/2003)

NOTATION ORDER by Judge Thomas M. Rose granting motion for admission of attorney Jeffrey A Stern pro hac vice [9-1] (cc: all counsel) (rp) (Entered: 05/06/2003)

ATTORNEY APPEARANCE for plaintiff EEOC by Jeffrey A. Stern ( no pgs: 0) (rp) (Entered: 05/06/2003)

MOTION by defendant Watkins Motor Lines for leave to file amended answer ( no pgs: 7 w/attachment & AmdAns.) (re) (Entered: 06/16/2003)

NOTATION ORDER by Judge Thomas M. Rose granting motion for leave to file amended answer [14-1] (cc: all counsel) (rp) (Entered: 06/24/2003)

AMENDED ANSWER [4-1] to Plaintiff's Complaint by defendant Watkins Motor Lines; jury demand ( no pgs: 5) (rp) (Entered: 06/24/2003)

MOTION by plaintiff EEOC to compel production of all responsive documents withheld under a blanket claim of confidentiality by defendant Watkins Motro Lines Inc ( no pgs: 10 w/attachments) (rp) (Entered: 07/10/2003)

ORDER OF REFERENCE by Judge Thomas M. Rose Case referred to Mag. Judge Sharon L. Ovington (cc: all counsel) ( no pgs: 1) (rp) (Entered: 07/16/2003)

ORDER by Mag. Judge Sharon L. Ovington denying motion to compel production of all responsive documents withheld under a blanket claim of confidentiality by defendant Watkins Motro Lines Inc [16-1] (cc: all counsel) ( no pgs: 1) (re) (Entered: 07/31/2003)

MOTION by plaintiff EEOC, defendant Watkins Motor Lines to Amend Scheduling Order of 3/12/03 ( no pgs: 3 w/attachments) (rp) (Entered: 08/06/2003)

AMENDED SCHEDULING ORDER by Mag Judge Sharon L. Ovington Discovery ddl reset for 1/9/04 ; Final pretrial conf in chambers reset 6/17/04 at 4:00 ; FPTO ddl reset for 6/7/04 ; Status conference by phone reset for 1/13/04 at 8:30 ; Mtn filing ddl reset for 2/9/04 ; Jury trial reset for 7/19/04; Witness lists ddl reset for 11/6/03 and 12/8/03; Trial Exhibit ddl reset for 6/18/04 (cc: all counsel) ( no pgs: 2) (rp) Modified on 08/07/2003 (Entered: 08/07/2003)

NOTATION ORDER by Mag. Judge Sharon L. Ovington granting motion to Amend Scheduling Order of 3/12/03 [19-1] (cc: all counsel) (rp) (Entered: 08/07/2003)

NOTICE by Defendant Watkins Motor Lines re [20] Order,,, Defendant's Identification of Lay Witnesses (Weber, Katherine) (Entered: 11/06/2003)

NOTICE OF MANUAL FILING OF LAY WITNESS LIST by Plaintiff Equal Employment Opportunity Commission (Attachments: # 1 Lay Witness List# 2 Declaration in Support)(rp1, ) (Entered: 11/10/2003)

Joint MOTION for Extension of Time to Complete Discovery extending defendant's deadline for disclosure of expert witnesses and discovery cut-off deadline by Plaintiff Equal Employment Opportunity Commission, Defendant Watkins Motor Lines. (Weber, Katherine) (Entered: 12/08/2003)

AGREED ORDER granting 23 Motion for Extension of Time to Complete Discovery . Signed by Judge Thomas M Rose on 12/10/03. (rp1, ) (Entered: 12/12/2003)

ORDER - GRANTING the 23 Joint MOTION for Extension of Time to Complete Discovery extending defendant's deadline for disclosure of expert witnesses and discovery cut-off deadline filed by Equal Employment Opportunity Commission and Watkins Motor Lines as follows: Discovery ddl extended to 2/9/2004. Dft shall disclose its expert witnesses and expert reports to Pltf by 12/22/2003. Signed by Judge Thomas M Rose on 12/12/03. (sc1, ) (Entered: 12/15/2003)

Reset Deadlines: Discovery due by 2/9/2004. (rp1, ) (Entered: 12/12/2003)

NOTICE to PHV attorneys: Ashlee J. Mann and Frank B. Shuster - attachment is Letter from Chief Judge Graham re CM/ECF. (re1, ) (Entered: 01/29/2004)

MOTION for Leave to File Excess Pages by Defendant Watkins Motor Lines. (Weber, Katherine) (Entered: 02/04/2004)

DEPOSITION of Steven Grindle taken on October 9, 2003 by Defendant Watkins Motor Lines. (Attachments: # 1 pgs 41-80# 2 pgs 81-120# 3 pgs 121-160# 4 pgs 161-186# 5 Exhibits 1-14# 6 Exhibits 15-31)(Weber, Katherine) (Entered: 02/06/2004)

DEPOSITION of William Thatcher taken on October 10, 2003 by Defendant Watkins Motor Lines. (Attachments: # 1 pgs 41-69# 2 Exhibits 1-5)(Weber, Katherine) (Entered: 02/06/2004)

DEPOSITION of Carole Ryan taken on January 15, 2004 by Defendant Watkins Motor Lines. (Attachments: # 1 pgs 41-80# 2 Exhibits 1-26)(Weber, Katherine) (Entered: 02/06/2004)

NOTICE OF FILING DEPOSITION of Steven Grindle, William Thatcher, and Carole Ryan by Defendant Watkins Motor Lines by Defendant Watkins Motor Lines.(Weber, Katherine) (Entered: 02/06/2004)

DEPOSITION of Michael L. Koppenhofer taken on January 14, 2004 by Defendant Watkins Motor Lines. (Attachments: # 1 pgs 41-84# 2 Exhibits 1-7)(Weber, Katherine) (Entered: 02/06/2004)

NOTICE OF FILING DEPOSITION of William Jennings, Jr. and Michael L. Koppenhofer by Defendant Watkins Motor Lines by Defendant Watkins Motor Lines.(Weber, Katherine) (Entered: 02/06/2004)

NOTATION ORDER granting 27 Defendant's Motion for Leave to File Excess Pages . Signed by Judge Sharon L Ovington on 2/6/04. (cib, ) (Entered: 02/06/2004)

MOTION for Summary Judgment with Memorandum in Support by Defendant Watkins Motor Lines. Responses due by 3/4/2004 (Attachments: # 1 memorandum in support of motion for summary judgment)(Weber, Katherine) (Entered: 02/09/2004)

Supplemental Memorandum Supporting re 35 MOTION for Summary Judgment with Memorandum in Support Appendix of Relevant Deposition Excerpts and Other Materials in Support of Defendant's Motion for Summary Judgment filed by Defendants Watkins Motor Lines, Watkins Motor Lines. (Attachments: # 1 Exhibit Ex. A continued - pgs 66-94# 2 Exhibit Ex. B# 3 Exhibit Ex. C# 4 Exhibit Ex. D# 5 Exhibit Exs. E, F, & G# 6 Exhibit Ex. H# 7 Exhibit Ex. I (pgs 1-21)# 8 Exhibit Ex. I continued (pgs 22-36))(Weber, Katherine) (Entered: 02/09/2004)

ORDER that Plaintiff may File a Motion to Compel re: its Third Interrogatories and Production Requests, Interrogatory No. 11 and Request for Production No. 13 by 5/7/04 . Signed by Judge Sharon L Ovington on 2/11/04. (rp1, ) (Entered: 02/12/2004)

MOTION for Extension of Time to File Response/Reply as to 35 MOTION for Summary Judgment with Memorandum in Support and for Leave to file excess pages by Plaintiff Equal Employment Opportunity Commission. (Stern, Jeffrey) (Entered: 02/20/2004)

ORDER granting 38 Motion for Extension of Time to File Response in Opposition to 35 MOTION for Summary Judgment and for Leave to file excess pages Responses due by 3/18/2004. Signed by Judge Sharon L Ovington on 02/23/04. (phil, ) (Entered: 02/24/2004)

RESPONSE in Opposition re 35 MOTION for Summary Judgment with Memorandum in Support filed by Plaintiff Equal Employment Opportunity Commission. (Stern, Jeffrey) (Entered: 03/18/2004)

Supplemental Memorandum Supporting re 40 Response in Opposition to Motion filed by Plaintiffs Equal Employment Opportunity Commission, Equal Employment Opportunity Commission. (Attachments: # 1 Appendix Appendices E-F# 2 Appendix Appendices G-H# 3 Appendix Appendix I part 1# 4 Appendix Appendix I part 2# 5 Appendix Appendices J-L)(Stern, Jeffrey) (Entered: 03/18/2004)

DEPOSITION of Walter R. Lawrence taken on October 8, 2003 by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Lawrence Deposition 116 thru Exh. 1# 2 Lawrence Deposition Ex 2 segment 1# 3 Lawrence Deposition Ex 2 segment 2# 4 Lawrence Deposition Ex 3)(Stern, Jeffrey) (Entered: 03/18/2004)

DEPOSITION of Pamela M. Linebarier taken on January 15, 2004 by Plaintiff Equal Employment Opportunity Commission.(Stern, Jeffrey) (Entered: 03/18/2004)

NOTICE OF FILING DEPOSITION of Walter R. Lawrence and Pamela M. Linebarier by Plaintiff Equal Employment Opportunity Commission by Plaintiff Equal Employment Opportunity Commission.(Stern, Jeffrey) (Entered: 03/18/2004)

MOTION for Extension of Time to File Response/Reply in Support of defendant Watkins Motor Line, Inc.'s Motion for Summary Judgment by Defendant Watkins Motor Lines. (Weber, Katherine) (Entered: 03/25/2004)

NOTATION ORDER granting 45 Defendant's Motion for Extension of Time to April 15, 2004 to File Reply Memorandum in Support of defendant Watkins Motor Line, Inc.'s Motion for Summary Judgment. Signed by Judge Sharon L Ovington on 3/26/04. (cib, ) (Entered: 03/26/2004)

NOTICE OF FILING DEPOSITION of Elvira Sisolak by Defendant Watkins Motor Lines by Defendant Watkins Motor Lines.(Weber, Katherine) (Entered: 04/15/2004)

DEPOSITION of Elvira Sisolak taken on January 29, 2004 by Defendant Watkins Motor Lines. (Attachments: # 1 depo pgs 31-60# 2 Exhibit depo ex 1# 3 Exhibit depo ex 2)(Weber, Katherine) (Entered: 04/15/2004)

RESPONSE (STRICKEN 4/20/04) in Support re 35 MOTION for Summary Judgment with Memorandum in Support filed by Defendant Watkins Motor Lines. (Attachments: # 1 Appendix Appendix of Relevant Deposition Excerpts and Other Materials in Support# 2 Exhibit Apx. Ex. A# 3 Exhibit Apx. Ex. B (p. 1-14)# 4 Exhibit Apx. Ex. B (p. 15-38)# 5 Exhibit Apx. Ex. B (p. 39-62)# 6 Exhibit Apx. Ex. B (p. 63-79)# 7 Exhibit Apx. Ex. B (p. 80-86)# 8 Exhibit Apx. Ex. C# 9 Exhibit Apx. Ex. D# 10 Exhibit Apx. Ex. E & F# 11 Exhibit Apx. Ex. G & H)(Weber, Katherine) Modified on 4/20/2004 to strike - Document to be re-submitted using reply event (sc, ). (Entered: 04/15/2004)

REPLY to Response to Motion re 35 MOTION for Summary Judgment with Memorandum in Support filed by Defendant Watkins Motor Lines. (Attachments: # 1 Appendix appendix of relevant deposition excerpts and other materials in support of defendant's reply# 2 Exhibit Apx. Ex. A# 3 Exhibit Apx. Ex. B (p. 1-14)# 4 Exhibit Apx. Ex. B (p. 15-38)# 5 Exhibit Apx. Ex. B (p. 39-62)# 6 Exhibit Apx. Ex. B (p. 63-79)# 7 Exhibit Apx. Ex. B (80-86)# 8 Exhibit Apx. Ex. C# 9 Exhibit Apx. Ex. D# 10 Exhibit Apx. Exs. E & F# 11 Exhibit Apx. Exs. G & H)(Weber, Katherine) (Entered: 04/20/2004)

MOTION for Leave to File Surreply Memorandum by Plaintiff Equal Employment Opportunity Commission. (Stern, Jeffrey) (Entered: 04/23/2004)

RESPONSE in Opposition re 50 MOTION for Leave to File Surreply Memorandum filed by Defendant Watkins Motor Lines. (Attachments: # 1 Exhibit Exhibit A)(Weber, Katherine) (Entered: 05/03/2004)

ORDER granting 50 Motion for Leave to File Surreply; EEOC's Surreply ddl set for 5/6/04; Defendant's Response to Surreply ddl set for 5/17/04. Signed by Judge Sharon L Ovington on 5/5/04. (rp, ) (Entered: 05/05/2004)

RESPONSE in Opposition re 35 MOTION for Summary Judgment with Memorandum in Support Surreply Memorandum in Opposition per May 5th Order filed by Plaintiff Equal Employment Opportunity Commission. (Stern, Jeffrey) (Entered: 05/06/2004)

Second MOTION to Compel by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Affidavit Declaration in Support# 2 Exhibit Exhibits A and B)(Stern, Jeffrey) (Entered: 05/07/2004)

RESPONSE in Support re 35 MOTION for Summary Judgment with Memorandum in Support Response to Surreply per May 5th Order filed by Defendant Watkins Motor Lines. (Weber, Katherine) (Entered: 05/17/2004)

RESPONSE in Opposition re 54 Second MOTION to Compel filed by Defendant Watkins Motor Lines. (Attachments: # 1 Affidavit Of Pamela Linebarier)(Weber, Katherine) (Entered: 06/01/2004)

REPLY to Response to Motion re 54 Second MOTION to Compel filed by Plaintiff Equal Employment Opportunity Commission. (Stern, Jeffrey) (Entered: 06/03/2004)

Proposed Pretrial Order by Plaintiff Equal Employment Opportunity Commission. (Stern, Jeffrey) (Entered: 06/07/2004)

First MOTION in Limine Omnibus Motion in Limine by Plaintiff Equal Employment Opportunity Commission. (Stern, Jeffrey) (Entered: 06/07/2004)

First MOTION in Limine Regarding Expert Testimony by Plaintiff Equal Employment Opportunity Commission. (Stern, Jeffrey) (Entered: 06/07/2004)

DEPOSITION of John Roberts taken on January, 2004 by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1)(Stern, Jeffrey) (Entered: 06/07/2004)

DEPOSITION of John Roberts taken on February, 2004 by Plaintiff Equal Employment Opportunity Commission.(Stern, Jeffrey) (Entered: 06/07/2004)

NOTICE OF FILING DEPOSITION of John Roberts by Plaintiff Equal Employment Opportunity Commission by Plaintiff Equal Employment Opportunity Commission.(Stern, Jeffrey) (Entered: 06/07/2004)

REPORT AND RECOMMENDATIONS recommending 35 MOTION for Summary Judgment with Memorandum in Support filed by Watkins Motor Lines be DENIED; Objections to R&R due by 6/25/2004. Signed by Judge Sharon L Ovington on 6/15/04. (rp, ) (Entered: 06/15/2004)

DEPOSITION of John B. Roberts taken on February 3, 2004 by Plaintiff Equal Employment Opportunity Commission.(Stern, Jeffrey) (Entered: 06/15/2004)

SCHEDULING ORDER: The previous trial schedule is vacated and the following dates set: Final Pretrial Conference set for 12/14/2004 03:00 PM in chambers before Judge Thomas M Rose. Status Conference set for 8/12/2004 09:00 AM and 10/5/04 9:30 AM by teleconference before Judge Thomas M Rose. Jury Trial set for 1/10/2005 09:00 AM in Courtroom 2 before Judge Thomas M Rose. Signed by Judge Thomas M Rose on 6/18/04. (jg, ) (Entered: 06/21/2004)

RESPONSE in Opposition re 59 First MOTION in Limine Omnibus Motion in Limine filed by Defendant Watkins Motor Lines. (Attachments: # 1 Affidavit Declaration of Katharine C. Weber)(Weber, Katherine) (Entered: 07/01/2004)

RESPONSE in Opposition re 60 First MOTION in Limine Regarding Expert Testimony filed by Defendant Watkins Motor Lines. (Attachments: # 1 Affidavit Declaration of Katharine C. Weber)(Weber, Katherine) (Entered: 07/01/2004)

Objection re 64 REPORT AND RECOMMENDATIONS re 35 MOTION for Summary Judgment with Memorandum in Support filed by Watkins Motor Linesby Defendant Watkins Motor Lines. (Weber, Katherine) (Entered: 07/02/2004)

REPLY to Response to Motion re 59 First MOTION in Limine Omnibus Motion in Limine filed by Plaintiff Equal Employment Opportunity Commission. (Stern, Jeffrey) (Entered: 07/15/2004)

REPLY to Response to Motion re 60 First MOTION in Limine Regarding Expert Testimony filed by Plaintiff Equal Employment Opportunity Commission. (Stern, Jeffrey) (Entered: 07/15/2004)

Response re 70 Objection (non motion) by Plaintiff Equal Employment Opportunity Commission. (Stern, Jeffrey) (Entered: 07/22/2004)

Proposed Jury Instructions by Defendant Watkins Motor Lines. (Weber, Katherine) (Entered: 08/11/2004)

NOTICE of Hearing: Status Conference set for 8/24/2004 09:00 AM by teleconference before Judge Thomas M Rose. (jg, ) (Entered: 08/12/2004)

Objection re 74 Proposed Jury Instructions (Preliminary Jury Instructions) by Plaintiff Equal Employment Opportunity Commission. (Stern, Jeffrey) (Entered: 08/23/2004)

Reply re 75 Objection (non motion) to preliminary jury instructions by Defendant Watkins Motor Lines. (Weber, Katherine) (Entered: 10/05/2004)

NOTICE by Plaintiff Equal Employment Opportunity Commission of Appearance of Additional Counsel (Stern, Jeffrey) (Entered: 10/05/2004)

NOTICE (STRICKEN 10/07/2004) of Appearance by Katherine C Weber Defendant Watkins Motor Lines (Weber, Katherine) Modified on 10/7/2004 to strike - to be resubmitted in correct format (Ntc of Appr for Susan Bell)(sc, ). (Entered: 10/06/2004)

NOTICE of Appearance by Susan R Bell Defendant Watkins Motor Lines (Bell, Susan) (Entered: 10/07/2004)

Proposed Pretrial Order by Plaintiff Equal Employment Opportunity Commission. (Stern, Jeffrey) (Entered: 12/07/2004)

ENTRY AND ORDER granting 35 Defendant Watkins Motor Lines' Motion for Summary Judgment . Signed by Judge Thomas M Rose on 12/10/04. (rp, ) (Entered: 12/13/2004)

CLERK'S JUDGMENT in favor of Defendant against Plaintiff; Notice of Disposal attached (rp, ) (Entered: 12/13/2004)

BILL OF COSTS by Defendant Watkins Motor Lines. (Attachments: # 1 Exhibit Court Reporter Fees)(Weber, Katherine) (Entered: 12/27/2004)

STIPULATION re 82 Bill of Costs Briefing Schedule by Plaintiff Equal Employment Opportunity Commission. (Stern, Jeffrey) (Entered: 01/05/2005)

NOTATION ORDER re 83 Stipulation filed by Equal Employment Opportunity Commission. Court grants request for delay of issuance of briefing schedule regarding defendants bill of costs until after the appeal deadline runs (if no appeal is taken) or alternatively (if an appeal is taken) for the issuance of a briefing schedule providing plaintiff with at least 15 days from final judgement after appeal to file its memoranda contra to defendants bill of costs. Signed by Judge Thomas M Rose on 1/6/2005. (jg, ) (Entered: 01/06/2005)

NOTICE OF APPEAL as to 80 Order on Motion for Summary Judgment, 81 Clerk's Judgment by Plaintiff Equal Employment Opportunity Commission. Filing fee $ 255. (Stern, Jeffrey) (Entered: 02/08/2005)

Transmission of Notice of Appeal to US Court of Appeals re 84 Notice of Appeal (sc, ) Additional attachment(s) added on 2/8/2005 (sc, ). (Entered: 02/08/2005)

NOTICE TO COUNSEL UPON FILING BILL OF COSTS by Clerk; the 82 Bill of Costs will be held in ABEYANCE until the Mandate is returned on appeal and the Bill of Costs is refiled re 84 Notice of Appeal (rp, ) (Entered: 02/17/2005)

TRANSCRIPT REQUEST (no hearing) by Plaintiff Equal Employment Opportunity Commission re 84 Notice of Appeal (bev, ) (Entered: 02/23/2005)

USCA Case Number 05-3218 for 84 Notice of Appeal filed by Equal Employment Opportunity Commission. (mkb1, ) (Entered: 08/23/2006)

USCA OPINION re 84 Notice of Appeal (bev1, ) (Entered: 09/14/2006)

USCA JUDGMENT as to 84 Notice of Appeal filed by Equal Employment Opportunity Commission (bev1, ) (Entered: 09/14/2006)

USCA CORRECTED PAGES TO OPINION 88 re 84 Notice of Appeal: (bev1, ) (Entered: 09/15/2006)