Case: EEOC v. Harris Farms, Inc.

EEOC v. Harris Farms Inc.

U.S. Court of Appeals for the Ninth Circuit

Equal Employment v. Harris Farms Inc.

EEOC, et al. v. Harris Farms, Inc.

No Court

EEOC, et al. v. Harris Farms, Inc.

EEOC, et al. v. Harris Farms, Inc.

Equal Employment v. Harris Farms Inc

Equal Employment Opportunity Commission v. Harris Farms Inc.

U.S. Court of Appeals for the Ninth Circuit

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT for employment discrimination; jury demand, fee status waived, assigned to Judge Anthony W. Ishii referred to Magistrate Judge Lawrence J. O'Neill (mm) (Entered: 10/01/2002)

STANDING ORDER by Magistrate Judge Lawrence J. O'Neill informing the parties on the procedure to follow in pursuing this action (mm) (Entered: 10/01/2002)

ORDER setting scheduling conference for 9:00 1/29/03 before Magistrate Judge Lawrence J. O'Neill (mm) (Entered: 10/01/2002)

ANSWER by defendant Harris Farms Inc to complaint [1−1]; jury demand (tel) (Entered: 12/16/2002)

RECEIPT of $80.00 Pro Hac Vice fee by defendant Harris Farms Inc for David L Barron Receipt # 101 2352 (tel) (Entered: 12/19/2002)

RECEIPT of $80.00 Pro Hac Vice Fee by defendant Harris Farms Inc for Richard D Alaniz Receipt # 101 2351 (tel) (Entered: 12/19/2002)

LODGED Motion for David L Barron to be admitted Pro Hac Vice by defendant Harris Farms Inc (tel) (Entered: 12/19/2002)

LODGED Motion for Richard D Alaniz to be admitted Pro Hac Vice by defendant Harris Farms Inc (tel) (Entered: 12/19/2002)

ORDER by Judge Anthony W. Ishii ORDERING lodged [0−0] GRANTED attorney David L Barron allowed to appear pro hac vice for defendant Harris Farms, Inc. (cc: all counsel) (tel) (Entered: 12/20/2002)

ORDER by Judge Anthony W. Ishii ORDERING lodged [0−0] GRANTED attorney Richard D Alaniz allowed to appear pro hac vice for defendant Harris Farms Inc (cc: all counsel) (tel) (Entered: 12/20/2002)

JOINT SCHEDULING REPORT by both parties (jh) (Entered: 01/22/2003)

SCHEDULING CONFERENCE ORDER Magistrate Judge Lawrence J. O'Neill; expert disclosure 11/21/03; suppl disclosure 12/5/03; non−expert discovery; 1/9/9/04; expert discovery ddl 2/6/04; pretrial motion ddl 2/20/04, pretrial hrg ddl 3/19/04; settlement conf 1:30 2/6/04 before Magistrate Best; pretrial conf 8:30 4/7/04 before Judge Ishii ctrm 3; Jury Trial 10:00 5/18/04 before Judge Ishii ctrm 3; (cc: all counsel) (hl) (Entered: 01/30/2003)

LODGED Stipulation by plaintiff Equal Employment, defendant Harris Farms Inc (rcf) (Entered: 06/10/2003)

STIPULATION AND ORDER by Judge Anthony W. Ishii ORDERING Stipulation [0−0] GRANTED (cc: all counsel) (rcf) (Entered: 06/11/2003)

COURT NOTICE: from I Lira settlement conference reassigned to 1:30 2/6/04 before LJO (cc: all counsel) (sr) (Entered: 08/21/2003)

MOTION for leave to intervene by Intervenor/applicant Olivia Tamayo Motion Hearing Set for 10/31/03 8:30 ctrm 6 (hl) (Entered: 09/29/2003)

MEMORANDUM OF POINTS AND AUTHORITIES in SUPPORT of motion for leave to intervene by Intervenor/applicant Olivia Tamayo [14−1] (hl) (Entered: 09/29/2003)

DECLARATION of William J Smith in support of motion for leave to intervene [14−1] (hl) (Entered: 09/29/2003)

LODGED order granting leave to intervene (hl) (Entered: 09/29/2003)

LODGED proposed complaint in intervention by applicant/intervenor Olivia Tamayo (hl) (Entered: 09/29/2003)

LODGED Document: order granting leave to intervene lodged on 9/29/03 (NOT TO BE SIGNED PER JUDGE), lodged on 9/29/03 TO BE SIGNED PER JUDGE) (hl) (Entered: 10/03/2003)

RESPONSE by plaintiff Equal Employment to motion for leave to intervene by Intervenor/applicant Olivia Tamayo [14−1] (rcf) (Entered: 10/08/2003)

RECEIPT of $80.00 for pro hac vice application as to attorney Cary A Farris for defendant Harris Farms Inc by McCormick Barstow Sheppard & Wayte Receipt # 198284 (rab) (Entered: 10/14/2003)

LODGED motion for pro hac vice by defendant Harris Farms Inc as to attorney Cary A Farris (rab) (Entered: 10/14/2003)

ORDER by Judge Anthony W. Ishii ORDERING motion for pro hac vice GRANTED attorney Cary A Farris allowed to appear pro hac vice for defendant Harris Farms Inc (cc: all counsel) (rab) (Entered: 10/15/2003)

RESPONSE IN OPPOSITION by defendant Harris Farms Inc to motion for leave to intervene by Intervenor/applicant Olivia Tamayo [14−1] (rab) (Entered: 10/16/2003)

DECLARATION of Joseph R Becerra in suppport of opposition to motion for leave to intervene [20−1] (rab) (Entered: 10/16/2003)

NOTICE by William Smith of the continuance of Ms Tamayo's hearing on motion for leave to intervene by Intervenor/applicant Olivia Tamayo [14−1] HEARING CONTINUED to 8:30 11/21/03, dept 6 (mm) (Entered: 10/30/2003)

NOTICE by plaintiff Equal Employment of change of address to US Equal Employment Opportunity Commission, 345 Spear Street, Suite 500, San Francisco, CA 94105−1687 (rab) (Entered: 11/04/2003)

NOTICE OF MOTION AND MOTION to extend case deadlines by plaintiff Equal Employment Motion Hearing Set for 8:30 11/14/03 before Judge O'Neill ctrm 6 (rab) (Entered: 11/06/2003)

MEMORANDUM OF POINTS AND AUTHORITIES by plaintiff Equal Employment in SUPPORT of motion to extend case deadlines by plaintiff Equal Employment [24−1] (rab) (Entered: 11/06/2003)

APPLICATION by plaintiff Equal Employment for Order shortening time to hear pltf's motion to extend dealines (rab) (Entered: 11/06/2003)

LODGED Order shortening time by plaintiff Equal Employment (rab) (Entered: 11/06/2003)

MINUTES of 11/10/03 before Magistrate Judge Lawrence J. O'Neill telephonic conference re an extension of time held; the court grants a six month extension with conditions; parties to submit stipulation C/R ECRO (mm) (Entered: 11/12/2003)

ORDER by Lawrence J O'Neill Magistrate Judge ORDERING motion for leave to intervene by Intervenor/applicant Olivia Tamayo [14−1] GRANTED (cc: all counsel) (rab) (Entered: 11/19/2003)

INTERVENOR'S COMPLAINT by intervenor−plaintiff Olivia Tamayo with Jury Demand (rab) Modified on 11/19/2003 (Entered: 11/19/2003)

STIPULATION AND ORDER by Magistrate Judge Lawrence J. O'Neill CONTINUING the 1/29/03 scheduling conference order as follows pretrial conference set for 8:30 10/13/04, dept 3; jury trial set for 10:00 11/30/04, dept 3; designation of expert witnesses set for 5/21/04; supplemental expert disclosure set for 6/4/04; settlement conference set for 1:30 4/30/04, dept 6; discovery ddl set for 7/9/04; expert discovery ddl set for 8/6/04; pretrial motion filing ddl set for 8/20/04; pretrial motion hearing ddl set for 9/20/04 (cc: all counsel) (mm) (Entered: 11/25/2003)

LODGED stipulation and proposed order amending case scheduling order by plaintiff Equal Employment and dft Harris Farms (mm) (Entered: 11/25/2003)

MAIL returned [31−2] addressed to intervenor−plaintiff Olivia Tamayo's attorney William J Smith, envelope indicates "attempted not known" (old) (Entered: 12/02/2003)

RESERVICE of DOCUMENT(S) 31 [31−2] addressed to counsel for intervenor−plaintiff Olivia Tamayo, William J. Smith at 2350 West Shaw Ave., Suite 132, Fresno, CA 93711 (old) (Entered: 12/03/2003)

NOTICE OF MOTION AND MOTION to dismiss case for failure to state a claim upon which relief can be granted by defendant Harris Farms Inc motion TO BE HEARD by Judge Anthony W. Ishii; Motion Hearing Set For 1:30 01/12/04 ctrm 3 (rab) Modified on 12/24/2003 (Entered: 12/10/2003)

MEMORANDUM OF POINTS AND AUTHORITIES by defendant Harris Farms Inc in SUPPORT of motion to dismiss case for failure to state a calim upon which relief can be granted by defendant Harris Farms Inc [33−1] (rab) (Entered: 12/10/2003)

LODGED stipulation and order to continue motion to dismiss for failure to state a claim by intervenor−plaintiff Olivia Tamayo (rab) (Entered: 12/23/2003)

STIPULATION AND ORDER by Judge Anthony W. Ishii to continue hearing on motion to dismiss GRANTED; motion to dismiss case by defendant Harris Farms Inc [33−1] HEARING CONTINUED TO 1:30 1/26/04 before Judge Ishii ctrm 3 (cc: all counsel) (rab) (Entered: 12/24/2003)

INTERVENOR'S COMPLAINT by intervenor−plaintiff Olivia Tamayo (tel) (Entered: 01/06/2004)

RESPONSE in Opposition by intervenor−plaintiff Olivia Tamayo to motion to dismiss [33−1] (tel) (Entered: 01/08/2004)

DECLARATION of William J Smith in support of Opposition to motion to dismiss [37−1] (tel) (Entered: 01/08/2004)

REPLY to response to motion to dismiss case for failure to state a claim upon which relief can be granted by defendant Harris Farms Inc [33−1] (mm) (Entered: 01/22/2004)

ANSWER by defendant Harris Farms Inc to complaint in intervention [36−1] (rcf) (Entered: 02/02/2004)

NOTICE OF ATTORNEY APPEARANCE for plaintiff Equal Employment by attorney Linda Susan Ordonio−Dixon (lead counsel) (rcf) (Entered: 02/03/2004)

MEMORANDUM OPINION AND ORDER by Judge Anthony W. Ishii motion to dismiss case for failure to state a claim upon which relief can be granted by defendant Harris Farms Inc [33−1] DENIED (cc: all counsel) (tel) (Entered: 02/25/2004)

ANSWER by defendant Harris Farms Inc to complaint in intervention [36−1]; jury demand (jv) (Entered: 03/02/2004)

COURT LETTER from Linda Ordonio−Dixon settlement conference continued to 1:30 6/17/04 before LJO (cc: all counsel) (sr) (Entered: 04/26/2004)

MOTION to compel discovery responses by plaintiff Equal Employment, intervenor−plaintiff Olivia Tamayo Motion Hearing Set for 5/14/04 at 8:00 before LJO (sr) (Entered: 04/26/2004)

WITHDRAWAL by plaintiff Equal Employment of motion to compel discovery responses set for hrg on 5/14/04 by plaintiff Equal Employment, intervenor−plaintiff Olivia Tamayo [46−1] TERMINATED and taken off calendar (jh) (Entered: 05/12/2004)

APPLICATION by plaintiff Equal Employment for order shortening time (sr) (Entered: 06/01/2004)

LODGED unopposed notice of motion to extend supplemental expert disclosure ddl by plaintiff Equal Employment (sr) (Entered: 06/01/2004)

LODGED memornadum of law in support of motion to extend supplemental expert disclosure ddl by plaintiff Equal Employment (sr) (Entered: 06/01/2004)

LODGED declaration of Linda Ordonio−Dixon by plaintiff Equal Employment (sr) (Entered: 06/01/2004)

LODGED proposed order granting motion to extend supplemental expert ddl by plaintiff Equal Employment (sr) (Entered: 06/01/2004)

MOTION to extend supplemental expert disclosure ddl by plaintiff Equal Employment Motion Hearing Set for 06/04/04 8:30 before Magistrate O'Neill (wh) (Entered: 06/02/2004)

DECLARATION of Linda Ordondo−Dixon (wh) (Entered: 06/02/2004)

MEMORANDUM OF LAW by plaintiff Equal Employment in SUPPORT of motion to extend supplemental expert disclosure ddl by plaintiff Equal Employment [49−1] (wh) (Entered: 06/02/2004)

ORDER by Lawrence J O'Neill Magistrate Judge ORDERING motion to extend supplemental expert disclosure ddl by plaintiff Equal Employment [49−1] GRANTED case mgmt ddl set for 7/1/04 for designation of expert (cc: all counsel) (wh) (Entered: 06/02/2004)

MINUTES of 06/17/04 before Magistrate Judge Lawrence J. O'Neill settlement conference held on 6/17/04 no settlement was reached (wh) (Entered: 06/18/2004)

MOTION to compel the deposition of dft Harris Farms by plaintiff Equal Employment, intervenor−plaintiff Olivia Tamayo Motion Hearing Set for 7/9/04 8:00, dept 6 (mm) (Entered: 06/21/2004)

STIPULATION re discovery disagreements by pltf−intervenor Equal Employment (rab) (Entered: 07/08/2004)

STIPULATION AND ORDER by Judge Ishii to allow the deposition of Dana Crittenden to be taken after the 7/9/04 discovery ddl [0−0] GRANTED; said depo is scheduled to go forward on 7/20/04 (cc: all counsel) (jh) (Entered: 07/09/2004)

MINUTES of 07/9/4 before Magistrate O'Neill motion to compel the deposition of dft Harris Farms by plaintiff Equal Employment, intervenor−plaintiff Olivia Tamayo [54−1] SUBMITTED C/R ECRO (wh) (Entered: 07/12/2004)

ORDER by Lawrence J O'Neill Magistrate Judge ORDERING re motion to compel the deposition of dft Harris Farms by plaintiff Equal Employment, intervenor−plaintiff Olivia Tamayo [54−1] (cc: all counsel) (wh) (Entered: 07/13/2004)

TRANSCRIPT of 7/9/04 hearing on Motion to compel by C/R ECRO (plk) (Entered: 07/14/2004)

DECLARATION of John C. Harris (plk) (Entered: 07/19/2004)

REQUEST by plaintiff Equal Employment for reconsideration by the district court of magistrate judge's ruling on plaintiffs' motion to compel deposition issued on 7/9/04 (mm) (Entered: 07/30/2004)

NOTICE by plaintiff Equal Employment of appearance of Evagelina Fierro Hernandez as co−counsel for plaintiff EEOC (wh) (Entered: 08/06/2004)

OPPOSITION by dft Harris Farms Inc [61−1] plaintiff's request for reconsideration by the district court of the Magistrate's ruling (wh) (Entered: 08/06/2004)

LODGED Joint Stipulation by intervenor−plaintiff Olivia Tamayo (wh) (Entered: 08/06/2004)

STIPULATION AND ORDER by Judge Anthony W. Ishii EXTENDING expert witness discovery ddl to 09/30/04 (cc: all counsel) (tel) (Entered: 08/12/2004)

DEPOSITION of Olivia Tamayo Navarro taken on the following date(s) 06/23/03 (rab) (Entered: 08/19/2004)

DEPOSITION of Olivia Tamayo Navarro Vol. II taken on the following date(s) 06/24/03 (rab) (Entered: 08/19/2004)

DEPOSITION of Sylvia Gomez taken on the following date(s) 07/30/03 (rab) (Entered: 08/19/2004)

VIDEOTAPED DEPOSITION of Alma Rodriguez taken on the following date(s) 02/05/04 (rab) (Entered: 08/19/2004)

DEPOSITION of Shirley Ollech taken on the following date(s) 03/03/04 (rab) (Entered: 08/19/2004)

DEPOSITION of Larry Chrisco taken on the following date(s) 03/05/04 (rab) (Entered: 08/19/2004)

DEPOSITION of Lourdes Ramirez taken on the following date(s) 04/13/04 (rab) (Entered: 08/19/2004)

DEPOSITION of Maria Rodriguez Martinez taken on the following date(s) 04/13/04 (rab) (Entered: 08/19/2004)

NOTICE of motion for summary jusdgment by defendant Harris Farms Inc (rab) (Entered: 08/19/2004)

MOTION for summary judgment or in the alternative, motion for summary adjudication by defendant Harris Farms Inc motion TO BE HEARD by Judge Anthony W. Ishii; Motion Hearing Set For 1:30 09/20−04 ctrm 3 (rab) (Entered: 08/19/2004)

BRIEF by defendant Harris Farms Inc in support of motion for summary, or in the alternative summary adjudication [74−1] (rab) (Entered: 08/19/2004)

NOTICE by plaintiff Equal Employment Opportunity Commission of change of counsel; David F Offen−Brown has replaced Atty Jonathan T Peck as counsel of record for plaintiff (mm) (Entered: 09/08/2004)

RESPONSE by plaintiff Equal Employment, intervenor−plaintiff Olivia Tamayo to motion for summary judgment or in the alternative, motion for summary adjudication by defendant Harris Farms Inc [74−1] (mm) (Entered: 09/08/2004)

STATEMENT by plaintiff Equal Employment, intervenor−plaintiff Olivia Tamayo of disputed facts in support of opposition to dft's motion for summary judgment [74−1] (mm) (Entered: 09/08/2004)

RESPONSE/OBJECTIONS by plaintiff Equal Employment, intervenor−plaintiff Olivia Tamayo to dft's statement of undisputed facts in support of their motion for summary judgment [76−1][74−1] (mm) (Entered: 09/08/2004)

DECLARATION of Linda Ordonio−Dixon filed in support of pltfs' opposition to dft's motion for summary judgment [74−1] (mm) (Entered: 09/08/2004)

MOTION to strike portions of exhibit 1 of the affidavit of John C Harris attached in support of dft's motion for summary judgment by plaintiff Equal Employment motion TO BE HEARD by Judge Anthony W. Ishii; Motion Hearing Set 9/20/04 8:00, dept 3 (mm) (Entered: 09/08/2004)

DECLARATION of Evangelina Fierro Hernandez in support of pltf's motion to strike . . . [82−1] (mm) (Entered: 09/08/2004)

LODGED order granting motion to strike portions . . . by plaintiff Equal Employment (mm) (Entered: 09/08/2004)

MOTION to strike plaintiff's inadmissible rebuttal expert testimony by defendant Motion Hearing Set For 9/20/04 1:30 before Judge Ishii (tel) (Entered: 09/14/2004)

MEMORANDUM OF POINTS AND AUTHORITIES in SUPPORT of motion to strike plaintiff's inadmissible rebuttal expert testimony by defendant [84−1] (tel) (Entered: 09/14/2004)

RESPONSE and Opposition by defendant Harris Farms Inc to motion to strike portions of exhibit 1 of the affidavit of John C Harris attached in support of dft's motion for summary judgment by plaintiff Equal Employment [82−1] (tel) (Entered: 09/14/2004)

REPLY to response to motion for summary judgment or in the alternative, motion for summary adjudication by defendant Harris Farms Inc [74−1] (tel) (Entered: 09/14/2004)