Case: EEOC v. Dunbar Diagnostic Services, Inc.

EEOC v. Dunbar Diagnostic, et al

U.S. Court of Appeals for the Fifth Circuit

EEOC v. Dunbar Diagnostic, et al.

U.S. Court of Appeals for the Fifth Circuit

EEOC v. Dunbar Diagnostic et al

EEOC v. Dunbar Diagnostics, et al.

EEOC v. Dunbar Diagnostic Services Inc

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Fifth Circuit

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT by Equal Employment Opp filed; (bchurchill) (Entered: 02/13/2002)

ORDER for Conf set initial pretrial conference for 10:30 6/17/02 before Judge Lynn N. Hughes , entered; Parties notified. (bchurchill) (Entered: 02/13/2002)

2 SUMMONS issued for Dunbar Diagnostic, Village Ultrasound (bchurchill) (Entered: 02/13/2002)

CERTIFICATE OF INTERESTED PARTIES by Equal Employment Opp , filed. (kprice) (Entered: 02/22/2002)

DISCLOSURE OF FINANCIALLY INTERESTED PARTIES by Dunbar Diagnostic, Village Ultrasound , filed. (kprice) (Entered: 02/25/2002)

ORIGINAL ANSWER to Original Complaint by Dunbar Diagnostic, Village Ultrasound (Added attorney Stewart Edmond Hoffer), filed.; jury demand (kprice) (Entered: 02/25/2002)

ORDER RESETTING CONFERENCE: The Pretrial Conference set 6/17/02 has been reset to 3/25/02 at 4:30 pm before Judge Hughes, entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (fmremp) (Entered: 02/27/2002)

JOINT DISCOVERY/Case Management Plan by Equal Employment Opp, Dunbar Diagnostic, Village Ultrasound , filed. (psmith) (Entered: 03/18/2002)

Conference scheduled for 3/25/02 at 4:30 has been moved to 2:00 p.m. Parties notified by phone. (dkelly) (Entered: 03/21/2002)

CONFERENCE MEMORANDUM: Pretrial Conference held in chambers. Apps: R Sustaita f/pltf, S Hoffer f/deft. Order to be entered terminated deadlines , entered. Parties ntfd. ( signed by Judge Lynn N. Hughes ) (amaly) (Entered: 03/26/2002)

ORDER entered: Defts have until March 29, 2002 to give the government information re employees. The parties have until April 12, 2002 to depose Linda Dunbar. The parties have until April 19, 2002 to depose Leticia Munoz. The parties have until April 26, 2002 to depose the three employees. A pretrial conference is set for 3:30 4/29/02 , entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (psmith) (Entered: 03/28/2002)

FIRST AMENDED ANSWER to pltf's Original Complaint by Dunbar Diagnostic, Village Ultrasound : amends [5-1] answer , filed.; jury demand (kprice) (Entered: 04/14/2002)

OPPOSED MOTION for leave of Court to exceed ten deposition limit in FRCP(a)(2)(A) by Dunbar Diagnostic, Village Ultrasound, Motion Docket Date 5/19/02 [11-1] motion , filed. (sguevara) (Entered: 04/30/2002)

CONFERENCE MEMORANDUM following pretrial conference held in chambers. Apps: T Bowne f/pltf; S Hoffer f/defts. Order to be entered. Pretrial conference set for 4:00 7/1/02 , entered. Parties ntfd. ( signed by Judge Lynn N. Hughes ) (ltien) (Entered: 04/30/2002)

ORDER , entered. The parties agree that Dunbar Diagnostic Services Inc is an employer and meets the statutory requirements. Dunbar has through 5/14/02 to tell the government when comparable co-workers received benefits. The government has through 5/14/02 to give Dunbar everything Leticia Munoz has about this case. The parties will file a copy of the organizational chart with the court. Parties will finish deposing Munoz and Linda Lee Dunbar. They will then have through 7/1/02 to depose Alica Jackson, Melissa Barrera, Michelle Barreto and Jennifer Sierra, Kim Wilson, and the doctor or someone from his office. The parties will talk to the principals about the importance of full disclosure and accuracy. Dunbar's requests for production are quashed. Parties notified. ( signed by Judge Lynn N. Hughes ) (ltien) (Entered: 04/30/2002)

ORDER , entered; on the agreement of the parties, Village Ultrasound Clinic Inc is dismissed as a deft. Parties notified. ( signed by Judge Lynn N. Hughes ) (ltien) (Entered: 04/30/2002)

NOTICE of Filing attached organizational charts by Equal Employment Opp , filed (sfedele) Modified on 05/03/2002 (Entered: 05/02/2002)

NOTICE of filing of organizational charts by Dunbar Diagnostic , filed (sfedele) (Entered: 05/06/2002)

JOINT MOTION for continuance of Pre-Trial Conference until early July or early August by Equal Employment Opp, Dunbar Diagnostic, Motion Docket Date 6/18/02 [17-1] motion , filed. (sfedele) (Entered: 05/31/2002)

ORDER that the [17-1] joint motion for continuance of Pre-Trial Conference is DENIED; the parties will take the depositions or lose the opportunity, entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (fmremp) (Entered: 06/06/2002)

OPPOSED MOTION for leave to file Second Amended Answer by Dunbar Diagnostic, Motion Docket Date 7/16/02 [19-1] motion , filed. (sfedele) (Entered: 06/27/2002)

SECOND AMENDED ANSWER to Complaint by Dunbar Diagnostic : amends Deft's original [5-1] answer , filed.; jury demand (sfedele) (Entered: 06/27/2002)

CONFERENCE MEMORANDUM following pretrial conference held in chambers; terminated deadlines . Apps: T Bowne, C Martinez f/pltf; S Hoffer f/deft. EEOC to make another settlement offer. Dunbar to depose Munoz's treating physician by 7/15/02, including interviewing the medical technician or doctor about policies and practices for recording medical procedures in hospital record. Dunbar to move for summary judgment by 8/23/02 . EEOC to respond and make a cross motion for summary judgment by 9/6/02 . Dunbar to respond by 9/20/02 . Hearing set for 10:00 9/27/02 , entered. Parties ntfd. ( signed by Judge Lynn N. Hughes ) (ltien) (Entered: 07/02/2002)

RESPONSE by Equal Employment Opp to Deft's [19-1] opposed motion for leave to file Second Amended Answer , filed. (sfedele) (Entered: 07/15/2002)

MOTION with Memorandum Of Authorities in support for summary judgment , by Dunbar Diagnostic, Motion Docket Date 9/12/02 [24-1] motion , filed (psmith) (Entered: 08/27/2002)

APPENDIX Of Evidence by Dunbar Diagnostic In Support Of The [24-1] motion for summary judgment , filed. (in brown expandex folder) (psmith) (Entered: 08/27/2002)

ORDER RESETTING HEARING: The hearing previously set for 9/27/02 is reset for 10:00 10/4/02 , entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (psmith) (Entered: 08/26/2002)

UNOPPOSED MOTION to continue of hearing of October 4, 2002 by Dunbar Diagnostic, Motion Docket Date 9/18/02 [26-1] motion , filed. (sfedele) (Entered: 08/29/2002)

MOTION for partial summary judgment by Equal Employment Opp, Motion Docket Date 9/26/02 [27-1] motion , filed. (hlerma) (Entered: 09/06/2002)

SUMMARY JUDGMENT MATERIALS IN SUPPORT OF [27-1] motion for partial summary judgment by Equal Employment Opp , filed. (This document is in brown expandable folder.) (hlerma) (Entered: 09/06/2002)

RESPONSE by Equal Employment Opp to [24-1] motion for summary judgment , filed. (hlerma) (Entered: 09/06/2002)

OBJECTION to EEOC's [27-1] motion for partial summary judgment by Dunbar Diagnostic , filed. (Part 1 of 2) (sfedele) (Entered: 09/23/2002)

MOTION to strike portions of EEOC's [27-1] motion for partial summary judgment by Dunbar Diagnostic, Motion Docket Date [30-1] motion , filed.(part 2 of 2) (sfedele) (Entered: 09/23/2002)

DEFT'S RESPONSE by Dunbar Diagnostic to the EEOC's [27-1] motion for partial summary judgment and memorandum of authorities in support, filed. (ddarneille) (Entered: 09/23/2002)

ORDER resetting hearing granting Deft Dunbar's[26-1] motion to continue of hearing of October 4, 2002 miscellaneous hearing 3:00 10/15/02 before Judge Lynn N. Hughes , entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (sfedele) (Entered: 10/02/2002)

RESPONSE by Equal Employment Opp to Deft's [30-1] motion to strike portions of EEOC's [27-1] motion for partial summary judgment , filed. (sfedele) (Entered: 10/03/2002)

Minute entry: Hearing held. Apps: T Bowne for pltf ; S Hoffer, J Meloy for defts. Argument heard on these topics: Dunbar's summary judgment motion. EEOC's partial summary judgment motion ; terminated deadlines ; Ct Reporter: G Dye. Order to be enetered. (kprice) (Entered: 10/18/2002)

ORDER granting in part, denying in part Dunbar's [24-1] motion for summary judgment granting in part, denying in part Commission's [27-1] motion for partial summary judgment notice of compliance due for 10/18/02 , entered; There is genuine issue of material fact whether Dunbar discriminated against Leticia Gonzalez because she was pregnant. Evidence whether Linda Dunbar was harsh or advised against pregnancy are inadmissible as irrelevant. Evidence about passing a test during the first 90 days of employment to receive benefits is inadmissible as irrelevant. By October 18, 2002, EEOC will make a specific demand on Dunbar and include a reasoning for the amount sought. Parties notified. ( signed by Judge Lynn N. Hughes ) (sfedele) (Entered: 10/17/2002)

ORDER reset pretrial conference for 4:30 11/5/02 before Judge Lynn N. Hughes , entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (hlerma) (Entered: 10/28/2002)

CONFERENCE MEMORANDUM held in chambers; J Browne f/pltf; R Sustaita f/pltf; S Hoffer f/deft; order to be entered trial deadline 9:00 12/3/02 before Judge Lynn N. Hughes , pretrial order due for 11/26/02 entered. Parties ntfd. ( signed by Judge Lynn N. Hughes ) (sfedele) (Entered: 11/06/2002)

ORDER parties to choose whether to have a jury by 11/15/02 , entered; DUnbar may take the four depositions requested. By 11/13/02 there must be done: Dunbar will give EEOC a counter-offer; DUnbar's bank will produce all checks Dunbar, or a related entity wrote to insurance companies for insurance premiums; Dunbar's bank will produce Dunbar's financial statements from 1999 through 2002; Dunbar's insurance companies will produce all information relating to Dunbar's benefit programs. Parties notified. ( signed by Judge Lynn N. Hughes ) (sfedele) (Entered: 11/06/2002)

MOTION to strike late-designated witnesses by Equal Employment Opp, Motion Docket Date 12/5/02 [40-1] motion , filed (part 1 of 2). (kprice) (Entered: 11/17/2002)

REQUEST by Equal Employment Opp for expedited hearing of motion , filed (part 2 of 2). (kprice) (Entered: 11/17/2002)

ADVISORY to the Court, by Equal Employment Opp , filed (kprice) (Entered: 11/17/2002)

NOTICE of Preference of Trial, by Dunbar Diagnostic , filed (psmith) (Entered: 11/18/2002)

OPPOSED MOTION for trial continuance until after 1/1/03 by Dunbar Diagnostic, Motion Docket Date 12/15/02 [43-1] motion , filed (part 1 of 2). (kprice) (Entered: 11/26/2002)

ORDER RESETTING TRIAL entered: On Deft opposed motion, trial is reset from 12/3/02 to 9:00 on 1/7/03 ; Parties notified. ( signed by Judge Lynn N. Hughes ) (psmith) (Entered: 11/26/2002)

JOINT PRETRIAL ORDER, filed. (psmith) (Entered: 11/29/2002)

MOTION in limine , by Dunbar Diagnostic, Motion Docket Date 12/16/02 [46-1] motion , filed. (psmith) (Entered: 11/29/2002)

MOTION in limine by Equal Employment Opp, Motion Docket Date 12/16/02 [47-1] motion , filed. (psmith) (Entered: 11/29/2002)

OPPOSED MOTION for trial continuance and Request For Expedited Consideration, by Dunbar Diagnostic, Motion Docket Date 12/16/02 [48-1] motion , filed. (psmith) (Entered: 11/29/2002)

OPPOSED MOTION to quash December depositions by Equal Employment Opp, Motion Docket Date 12/31/02 [49-1] motion , filed. (sfedele) (Entered: 12/12/2002)

RESPONSE by Equal Employment Opp to Defts [46-1] motion in limine , filed. (psmith) (Entered: 12/17/2002)

OBJECTIONS to Pltfs Proposed Trial Exhibits, by Dunbar Diagnostic , filed. (psmith) (Entered: 12/17/2002)

ORDER , entered; The depositions of Resendez and Real are quashed. Parties notified. ( signed by Judge Lynn N. Hughes ) (kprice) (Entered: 12/17/2002)

REQUEST For Judicial Notice And Request To Instruct The Jury Accordingly, by Dunbar Diagnostic, filed. (psmith) (Entered: 12/18/2002)

FIRST AMENDED [51-1] Objections to Pltfs Proposed Trial Exhibits, by Dunbar Diagnostic , filed. (psmith) (Entered: 12/18/2002)

OPPOSED MOTION to bifurcate punitive damage phase of case , by Dunbar Diagnostic, Motion Docket Date 1/8/03 [55-1] motion , filed. (psmith) (Entered: 12/19/2002)

SECOND AMENDED [51-1] Objections to Pltfs Proposed Trial Exhibits, by Dunbar Diagnostic , filed. (psmith) (Entered: 12/19/2002)

ORDER denying [55-1] motion to bifurcate punitive damage phase of case , entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (mjmarroquin) (Entered: 12/20/2002)

ORDER denying [11-1] motion for leave of Court to exceed ten deposition limit in FRCP(a)(2)(A) , entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (hlerma) (Entered: 12/20/2002)

ORDER granting [19-1] motion for leave to file Second Amended Answer , entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (hlerma) (Entered: 12/20/2002)

ORDER denying [34-1] motion to strike portions of Linda Dunbar's affidavit , entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (hlerma) (Entered: 12/20/2002)

OPPOSED MOTION to exclude Robert Real as trial witness , and to exclude certain exhibits by Dunbar Diagnostic, Motion Docket Date 1/12/03 [62-1] motion, 1/12/03 [62-2] motion , filed. (kprice) (Entered: 12/26/2002)

RESPONSE by Equal Employment Opp to Deft's [62-1] motion to exclude Robert Real as trial witness, Deft's [62-2] motion to exclude certain exhibits , filed. (sjones) (Entered: 12/26/2002)

Received and forwarded to CRD: proposed pltf's first amended exhibit list and pltf's first amended witness list (kprice) (Entered: 12/27/2002)

OBJECTIONS to Deft's Trial Exhibits by Equal Employment Opp , filed. (sfedele) (Entered: 01/02/2003)

OBJECTION to Defts Supplemental Trial Exhibits, by Equal Employment Opp , filed. (psmith) (Entered: 01/07/2003)

OBJECTIONS to deft's exhibit 87 by Equal Employment Opp , filed. (sguevara) (Entered: 01/08/2003)

Minute entry: first day of jury trial held. Apps: T. Bowne, R. Sustaita f/pltf; S. Hoffer f/deft. Evidence taken. EEOC's exhibits admitted: 4-6, 13-20, 22-29, 31-62, 66-68, 71-73, 76, 78, 79, 85-96. Dunbar's exhibits admitted: 1-9, 11-27, 29-34, 36-47, 52-66, 67-72, 74-83, 87. terminated deadlines Ct Reporter: A. Manley . (sguevara) (Entered: 01/08/2003)

Jury list, filed (sguevara) (Entered: 01/08/2003)

Minute entry: 2nd Day Jury Trial held. Apps: T Bowne f/pltf #1, R Sustaita f/pltf #1, S Hoffer f/Deft #1. Ct Reporter: A Manley Tape Number: none .Evidence taken. (sfedele) (Entered: 01/09/2003)

TRIAL BRIEF Regarding Recovery of Value of Lost Insurance Benefits, by Dunbar Diagnostic , filed (psmith) (Entered: 01/09/2003)

MOTION to quash subpoena by Wigberto Soto, Motion Docket Date 1/29/03 [71-1] motion , filed. (sguevara) (Entered: 01/10/2003)

Supplemental Request for Proposed Jury instructions by Dunbar Diagnostic , filed (sguevara) (Entered: 01/13/2003)

Minute entry: JURY TRIAL held. Apps: T Bowne; R Sustaita; S Hoffer. Evidence taken. terminated deadlines Ct Reporter: A Manley . (psmith) (Entered: 01/13/2003)

Minute entry: 4th Day of JURY TRIAL held. Apps: T Bowne; R Sustaita; S Hoffer. Evidence taken. Order to be entered. Judgment as a matter of law granted for Dunbar. EEOC and Gonzales take nothing from Dunbar. Dunbar's exhibit number 88 admitted. Ct Reporter: A Manley . (psmith) (Entered: 01/13/2003)

Receipt for Withdrawal of Exhibits by attorney for Dunbar Diagnostic , filed. (psmith) (Entered: 01/13/2003)

Receipt for Withdrawal of Exhibits by attorney for Equal Employment Opp , filed. (psmith) (Entered: 01/13/2003)

FINAL JUDGMENT, entered: The EEOC takes nothing from Dunbar Diagnostic oon Leticia Gonzalez's claims. Parties ntfd. ( signed by Judge Lynn N. Hughes ) (psmith) (Entered: 01/13/2003)

Case closed (psmith) (Entered: 01/13/2003)

TRANSCRIPT OF PROCEEDINGS of Excerpt of Trial for dates of 1/10/03 before Judge Lynn N Hughes , filed. ( Court Rptr: Anita G Manley)(loose in file) (sfedele) (Entered: 01/22/2003)

DEFT'S OPPOSED MOTION for award of attorney's fees and for costs under 42 USC 2000e-5(k) and FRCP 54(d)(1-2), bill of costs and, if necessary, for leave to file (this) motion by Dunbar Diagnostic, Motion Docket Date 2/16/03 [79-1] motion, 2/16/03 [79-2] motion, 2/16/03 [79-3] motion , filed. (in EXPANDEX FOLDER) (ddarneille) (Entered: 01/28/2003)

Deadline updated; set review deadline for 2/18/03 before Judge Lynn N. Hughes (dkelly) (Entered: 01/28/2003)

RESPONSE by Equal Employment Opp to [79-1] motion for award of attorney's fees, and [79-2] motion for costs , filed. Part 1 of 2 (hlerma) (Entered: 02/05/2003)

OBJECTION to Deft's Bill of Costs by Equal Employment Opp , filed. Part 1 of 2 (hlerma) Modified on 02/05/2003 (Entered: 02/05/2003)

TRANSCRIPT OF PROCEEDINGS of Trial for dates of 1/7/03 before Judge Lynn Hughes , filed. ( Court Rptr: A G Manley) (kprice) (Entered: 02/28/2003)

TRANSCRIPT OF PROCEEDINGS of Hearing for dates of 10/15/02 before Judge Lynn N Hughes , filed. ( Court Rptr: G Dye)(loose in file) (sfedele) (Entered: 03/04/2003)

NOTICE OF APPEAL of [77-1] order by Equal Employment Opp , filed. (jdavenport) (Entered: 03/12/2003)

TRANSCRIPT Re: [83-1] appeal Transcript of Trial Hearing for dates of 1/8/03 before Judge Lynn Hughes, filed. Ct Reporter: Anita Manley (Vol 2 of 4) (loose in file) (bchurchill) (Entered: 03/17/2003)

Notice of appeal and Copy of docket transmitted to USCA: [83-1] appeal (jdavenport) (Entered: 03/12/2003)

Transcript request for notice of [83-1] appeal re: on 3/10/03 by Ct Reporter: G Dye, filed. Transcript is already on file in Clerk's office; Hearing date 10/15/02 Summary Judgment Hearing, before Judge Hugehs (sfedele) (Entered: 03/20/2003)

TRANSCRIPT OF PROCEEDINGS of Trial for dates of 1/9/03 before Judge Lynn Hughes , filed. ( Court Rptr: A Manley)(loose in file)(Vol 3 of 4) (sfedele) (Entered: 03/20/2003)

NOTICE of Docketing NOA from USCA Re: [83-1] appeal USCA NUMBER: 03-20292 (fmremp) (Entered: 04/04/2003)

TRANSCRIPT OF PROCEEDINGS of Transcript of Trial for dates of 1/10/03 before Judge Lynn Hughes , filed. ( Court Rptr: A G Manley) (kprice) (Entered: 04/02/2003)

ORDER setting hearing Motion hearing before Judge Lynn N. Hughes set for 10:00 5/7/03 for [79-1] motion for award of attorney's set for 10:00 5/7/03 for [79-2] motion for costs, set for 10:00 5/7/03 for [79-3] motion for leave to file (this) motion , entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (sfedele) (Entered: 04/03/2003)

Certified and transmitted record on appeal consisting of 10 volumes of pleadings and 6 volumes of transcript to U.S. Court of Appeals: [83-1] appeal . Parties ntfd. (jdavenport) (Entered: 04/21/2003)

Minute entry: HEARING held. Apps: T Bowne; R Sustaita. Argument heard on Defts motion for attorneys fees. Dunbar Diagnostic will take from the EEOC $114,572.50 for attorneys fees. terminated deadlines Ct Reporter: none . (psmith) (Entered: 05/08/2003)

ORDER granting Defts [79-1] motion for award of attorney's fees: Dunbar Diagnostic recovers attorneys fees of $114,572.50 from the EEOC. Parties notified. ( signed by Judge Lynn N. Hughes ) (psmith) (Entered: 05/08/2003)

NOTICE OF APPEAL of [91-1] order by Equal Employment Opp , filed. (jdavenport) (Entered: 05/11/2003)