Case: EEOC v. THE GUARDIAN

EEOC v. Guardian

EEOC v. The Guardian Life Insurance Company

EEOC v. The Guardian

EEOC v. The Guardian

EEOC v. The Guardian Insurance Company

No Court

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT (no Summons(es) issued, waivers) (bbj) (Entered: 12/13/1999)

NOTICE of Initial Case Management Conference ; Case Management Conference set for 12:00 1/18/00 , Case referred to Magistrate Judge Juliet E. Griffin (bbj) (Entered: 12/13/1999)

NOTICE of Lawsuit and request for waiver of service of summons by pltf (lah) (Entered: 12/17/1999)

ATTORNEY APPEARANCE for deft by Richard Lee Colbert and Beth C. Baggett (lah) (Entered: 01/05/2000)

PROPOSED Agreed Order resetting CMC (lah) (Entered: 01/14/2000)

ORDER by Magistrate Judge Juliet E. Griffin Case Management Conference reset for 1:00 3/15/00 . (cc: all counsel) EOD 1/18/00 (lah) (Entered: 01/18/2000)

WAIVER OF SERVICE OF SUMMONS by deft (lah) (Entered: 01/19/2000)

NOTICE of Substitution of Counsel by pltf; Lawrence "Ken" R. Kenyon, II and Celia S. Liner for Everlyn Morris-Epperson and Faye A. Williams. (lah) (Entered: 02/02/2000)

ANSWER by deft to complaint [1-1] (lah) (Entered: 02/14/2000)

NOTICE of Filing Field Representative Agreement by deft; should have been attached to deft's answer (lah) (Entered: 02/17/2000)

MOTION to intervene by Peggy Rouilier (w/attached proposed intervening complaint) (lah) (Entered: 03/07/2000)

MEMORANDUM by intevenor pltf Peggy Rouilier in support of motion to intervene [10-1] (lah) (Entered: 03/07/2000)

ORDER by Magistrate Judge Juliet E. Griffin Case Management Conference held 3/15/00; granting motion to intervene [10-1]. Telephone conference set for 11:00 on 4/28/00. EOD 3/28/00 (cc: all counsel) (dlt) (Entered: 03/28/2000)

INTERVENING COMPLAINT by intevenor pltf Peggy Rouilier (dlt) (Entered: 03/28/2000)

ORDER by Magistrate Judge Juliet E. Griffin: Deft will file a mtn for summary judgment on or before 4/14/00. There will be no stay of discovery pending the filing of the mtn. Pltf will produce the requested documents no later than ten days after the case management conference. Deft will prepare and submit a proposed protective order in the event that the pltf seeks discovery of confidential information. EOD 3/28/00 (cc: all counsel) (dlt) (Entered: 03/28/2000)

MOTION by deft Guardian to extend time for filing mtn for summary judgment. (w/ attached proposed order) (dlt) (Entered: 04/11/2000)

ORDER by Magistrate Judge Juliet E. Griffin granting motion to extend time for filing mtn for summary judgment. [15-1] Dispositive Motion filing ddl set for 4/25/00. The 4/28/00 conference call remains scheduled at 11:00 a.m. EOD 4/13/00 (cc: all counsel) (dlt) (Entered: 04/13/2000)

MOTION by deft Guardian to dismiss or, alternatively, for summary judgment. (w/ attachments) (dlt) (Entered: 04/26/2000)

AFFIDAVIT of Bill Sheridan re [17-1] [17-2]. (dlt) (Entered: 04/26/2000)

AFFIDAVIT of Carol Yambao re [17-1] [17-2]. (dlt) (Entered: 04/26/2000)

MEMORANDUM by deft Guardian in support of motion to dismiss [17-1] or, alternatively, for summary judgment. [17-2] (dlt) (Entered: 04/26/2000)

STATEMENT of undisputed facts by deft Guardian in support of [17-1] [17-2]. (dlt) (Entered: 04/26/2000)

ORDER by Magistrate Judge Juliet E. Griffin Telephone conference held on 4/28/00. Telephone conference set for 5/16/00, at 12:00 noon, to be initiated by counsel for deft, to address what discovery, if any, the pltfs need prior to responding to deft's pending mtn to dismiss or for summary judgment, & ddls for completing such discovery. Ddls for briefing the pending mtn will also be established at that time. EOD 5/5/00 (cc: all counsel) (dlt) (Entered: 05/05/2000)

NOTICE by pltf EEOC of taking deposition of Mr. Bill Sheridan, Vice President of the Guardian Life Insurance Co., on 7/7/00. (depo forwarded to USM for service) (dlt) Modified on 06/16/2000 (Entered: 06/16/2000)

NOTICE by pltf EEOC of taking deposition of the representative(s) of The Guardian, 201 Park Avenew South, New York, NY 10003, on 7/7/00. (depo forwarded to USM for service) (dlt) Modified on 06/16/2000 (Entered: 06/16/2000)

RETURN OF SERVICE executed upon deft Guardian by serving Tammy Swann, Receptionist/Legal Secretary on 7/3/00 by personal service. (dlt) (Entered: 07/05/2000)

RETURN OF SERVICE executed upon Mr. Bill Sheridan, Vice President of Guardian Life Ins. Co. of America, by serving Tammy Swann, Receptionist/Legal Secretary on 7/3/00 by personal service. (dlt) (Entered: 07/05/2000)

NOTICE by pltf EEOC of taking deposition of J. Thomas Whitten on 8/15/00 at 9:00 a.m. (w/ attached copy of subpoena) (dlt) (Entered: 08/08/2000)

ORDER by Magistrate Judge Juliet E. Griffin; Case transferred to Magistrate Judge E. C. Knowles per Amin. Order No. 138-2. Pltf's shall have until 8/18/00 to file responses to the motion & to file a cross motion for summary judgment. (cc: all counsel) (EOD 8/15/00) (jb) (Entered: 08/15/2000)

MOTION by pltf EEOC to extend ddl to file response and cross-mtn to deft's mtn to dismiss or for summary judgment to 9/18/00. (w/ attached proposed order) (dlt) Modified on 08/17/2000 (Entered: 08/17/2000)

RETURN OF SERVICE unexecuted - attempted as to Mr. J. Thomas Whitten. (Has not lived herer for 2 years per Susan Bailey, current resident) (dlt) (Entered: 08/17/2000)

ORDER by Magistrate Judge E. C. Knowles granting motion to extend ddl to file response and cross-mtn to deft's mtn to dismiss or for summary judgment to 9/18/00 [30-1]. Plft shall have until 9/18/00 to file a response to motion to dismiss [17-1] or for summary judgment [17-2]. EOD 9/18/00 (cc: all counsel) (dlt) (Entered: 08/22/2000)

RESPONSE by deft Guardian to mtn for extension of time to file a response [30-1]. (dlt) (Entered: 08/23/2000)

RESPONSE (Memorandum in Opposition) by pltf to deft's motion for summary judgment [17-2]; w/attached exhibits 1-13 (tlc) (Entered: 09/19/2000)

RESPONSE (submitted as reply) by pltf to deft's stmt of undisputed facts [21-1] (tlc) (Entered: 09/19/2000)

MOTION by deft Guardian for extension of time until 11/30/00 to file a reply to pltf's response (jb) Modified on 10/19/2000 (Entered: 10/18/2000)

ORDER by Judge William J. Haynes Jr. granting motion for extension of time until 11/30/00 to file a reply to the pltf's response [37-1]. EOD 10/19/00 (cc: all counsel) (dlt) (Entered: 10/19/2000)

REPLY by deft in support of motion to dismiss [17-1] or, alternatively, for summary judgment [17-2] (attachment) (bj) (Entered: 12/01/2000)

NOTICE Of Filing (copy of) Deposition of Peggy J. Rouillier by deft. (attachments) (bj) (Entered: 12/01/2000)

MEMORANDUM OF THE COURT (cc: all counsel) EOD 2/16/01 (dlt) (Entered: 02/16/2001)

ORDER by Judge William J. Haynes Jr.: In accordance w/ the Memorandum filed herewith, denying motion to dismiss [17-1] or for summary judgment [17-2]. Case referred to Magistrate Judge E. C. Knowles . EOD 2/16/01 (cc: counsel) (dlt) (Entered: 02/16/2001)

MOTION by deft Guardian to reconsider and to amend memorandum and order entered on 2/16/01 . (dlt) (Entered: 03/15/2001)

MEMORANDUM by deft Guardian in support of motion to reconsider [43-1] and to amend memorandum and order entered on 2/16/01 [43-2]. (dlt) (Entered: 03/15/2001)

MOTION by pltf EEOC for leave to file a response to deft's mtn to reconsider and amend . (w/ att'd proposed order) (dlt) (Entered: 03/27/2001)

MEMORANDUM OF THE COURT (cc: all counsel) EOD 4/20/01 (dlt) (Entered: 04/20/2001)

ORDER by Judge William J. Haynes Jr. denying motion to reconsider [43-1] and to amend memorandum and order entered on 2/16/01 [43-2]. This action is remanded to the Magistrate Judge pursuant to Local Rule 11. EOD 4/20/01 (cc: all counsel) (dlt) (Entered: 04/20/2001)

MOTION by intevenor pltf Peggy Rouilier for order to excuse pltf intervenor's counsel from case management conference (jb) (Entered: 05/29/2001)

CORRECTED MOTION by intevenor pltf Peggy Rouilier for order to excuse pltf intervenor's counsel from case management conference (jb) (Entered: 05/29/2001)

ORDER by Magistrate Judge E. C. Knowles granting motion for order to excuse pltf intervenor's counsel from case management conference [49-1]. Terming motion for order to excuse pltf intervenor's counsel from case management conference [48-1] same as DE# 49. EOD 6/4/01 (cc: all counsel) (dlt) (Entered: 06/04/2001)

MOTION by deft Guardian to amend answer . (w/ att'd amended answer) (dlt) Modified on 06/12/2001 (Entered: 06/12/2001)

CLERK'S RESUME: Case Management Conference held on 6/11/01. Parties did not agree upon CMO. Parties submitted separate orders ourlining their respective positions. Pltf to revise and resubmit w/ changes suggested by the Court. C/R: Taped 2001-43 MK (dlt) (Entered: 06/12/2001)

PROPOSED Case Management Order No. 2 (dlt) (Entered: 06/14/2001)

RESPONSE by pltf EEOC to motion to amend answer [51-1]. (dlt) (Entered: 06/19/2001)

ORDER by Magistrate Judge E. C. Knowles granting motion to amend answer [51-1]. EOD 7/2/01 (cc: all counsel) (seal) (Entered: 07/02/2001)

AMENDED ANSWER [8-1] by deft Guardian (seal) (Entered: 07/02/2001)

CASE MANAGEMENT ORDER No. 2 by Magistrate Judge E. C. Knowles: Discovery ddl reset for 11/30/01 and dispositive mtn filing ddl reset for 1/30/02 . EOD 7/2/01 (cc: all counsel) (seal) (Entered: 07/02/2001)

MOTION by pltf EEOC to substitute Draga G. Anthony for Celia S. Liner as attorney of record . (w/ att'd proposed order) (dlt) (Entered: 09/14/2001)

ORDER by Magistrate Judge E. C. Knowles granting motion to substitute Draga G. Anthony for Celia S. Liner as attorney of record [57-1] for pltf EEOC. EOD 9/17/01 (cc: all counsel) (gi) (Entered: 09/17/2001)

MOTION by pltf EEOC for leave to modify case management order no. 2 . (w/ att'd proposed order) (dlt) Modified on 09/28/2001 (Entered: 09/28/2001)

MEMORANDUM by pltf EEOC in support of motion for leave to modify case management order no. 2 [59-1]. (w/ att'd exhibit 1-2) (dlt) (Entered: 09/28/2001)

ORDER by Magistrate Judge E. C. Knowles granting motion for leave to modify case management order no. 2 [59-1]. Discovery ddl set for 1/30/02 and dispositive mtn filing ddl set for 2/28/02 . EOD 10/17/01 (cc: all counsel) (dlt) (Entered: 10/17/2001)

PROPOSED Agreed Order re: modifing the CMO No. 2 as to discovery ddl reset for 2/28/02 and dispositive mtn filing ddl reset for 3/29/02. (dlt) (Entered: 12/21/2001)

AGREED ORDER by Judge William J. Haynes Jr.; CMO No. 2 is modified as follows: Discovery ddl is reset for 2/28/02; Dispositive Motion filing ddl is reset for 3/29/02 (cc: all counsel) (EOD 12/31/01) (jb) (Entered: 12/31/2001)

RETURN OF SERVICE of Subpoena executed upon William A. Gerosa on 1/8/02 by personal service. (dlt) (Entered: 01/09/2002)

RETURN OF SERVICE of Subpoena executed upon William Sheridan on 1/8/02 by personal service. (dlt) (Entered: 01/09/2002)

RETURN OF SERVICE of Subpoena executed upon Ronald G. Hankins on 12/4/01 by personal service. (dlt) (Entered: 01/09/2002)

RETURN OF SERVICE of Subpoena executed upon Shawn M. Arseneau on 11/29/01. (dlt) (Entered: 01/09/2002)

RETURN OF SERVICE executed upon Thomas Whitten on 1/10/02 by personal service. (dlt) (Entered: 01/14/2002)

RETURN OF SERVICE executed upon Anthony Myers on 1/10/02 by personal service. (dlt) (Entered: 01/14/2002)

RETURN OF SERVICE executed upon Ronald Mark Lowry on 1/14/02 by personal service. (dlt) (Entered: 01/23/2002)

RETURN OF SERVICE executed upon Toshi Baker Spicer on 1/14/02 by personal service. (dlt) (Entered: 01/23/2002)

RETURN OF SERVICE executed upon Franklin Robinson on 1/14/02 by personal service. (dlt) (Entered: 01/23/2002)

RETURN OF SERVICE executed upon Eleanor Fulcher on 1/14/02 by personal service. (dlt) (Entered: 01/23/2002)

PROPOSED Agreed Order re: extension of dispositive mtns. (dlt) (Entered: 03/21/2002)

AGREED ORDER by Magistrate Judge E. C. Knowles: Order entered on 12/31/01 is modified as follows: dispositive mtn filing ddl reset for 5/13/02 . EOD 3/25/02 (cc: all counsel) (dlt) (Entered: 03/25/2002)

ORDER by Judge William J. Haynes Jr.: Jury trial set for 9:00 a.m. on 11/19/02; pretrial conference set 3:00 p.m. on 11/8/02; pretrial order ddl 10/25/02 . Parties shall also submit to the Court, by 10/25/02, the following: joint proposed jury instructions and verdict form; witness lists; exhibit lists; & stipulations. EOD 4/25/02 (cc: all counsel) (dlt) (Entered: 04/25/2002)

MOTION by deft Guardian for summary judgment . (dlt) (Entered: 05/14/2002)

MEMORANDUM of Law & Facts by deft Guardian in support of motion for summary judgment [76-1]. (dlt) (Entered: 05/14/2002)

STATEMENT of undisputed material facts by deft Guardian in support of [76-1]. (dlt) (Entered: 05/14/2002)

NOTICE by deft Guardian of filing documents in support of mtn for summary judgment. (w/ att'd afdt and copies of depositions of J. Thomas Whitten, Peggy J. Rouillier, Anthony C. Kropf, Shawn M. Arseneau, Ronald G. Hankins, Jeff M. Cates) (dlt) (Entered: 05/14/2002)

AFFIDAVIT of Anthony D. Myers re [76-1] (dlt) (Entered: 05/14/2002)

PROPOSED Agreed Order re: EEOC and Peggy Rouillier shall have until 6/28/02 in which to file their response to the mtn for summary judgmentfiled by the Guardian. (dlt) (Entered: 05/28/2002)

ORDER by Judge William J. Haynes Jr.: EEOC & Peggy Rouillier shall have until 6/28/02 in which to file a response to motion for summary judgment [76-1]. EOD 5/29/02 (cc: all counsel) (dlt) (Entered: 05/29/2002)

RESPONSE (MEMORANDUM IN OPPOSITION) by pltf EEOC to deft's motion for summary judgment [76-1]. (w/ att'd exhibits 1-41) (dlt) (Entered: 07/01/2002)

RESPONSE (Reply) by pltf EEOC to deft's stmt of undisputed facts [78-1]. (dlt) (Entered: 07/01/2002)

MOTION by deft Guardian for oral argument on deft's mtn for summary judgment . (dlt) (Entered: 07/09/2002)

PROPOSED Agreed Order re: Deft, The Guardian, shall have until 7/31/02 in which to file their reply to EEOC's & Intervenor's response to deft's mtn for summary judgment. (dlt) (Entered: 07/11/2002)

ORDER by Judge William J. Haynes Jr.: Deft, The Guardian, shall have until 7/31/02, in which to file a reply to the EEOC's & Intervenor's response to deft's mtn for summary judgment [76-1]. EOD 7/11/02 (cc: all counsel) (dlt) (Entered: 07/11/2002)

ORDER by Judge William J. Haynes Jr. granting motion for oral argument on deft's mtn for summary judgment [84-1]. Hearing on deft's motion for summary judgment [76-1] is set for 3:00 p.m. on 8/12/02. EOD 7/16/02 (cc: all counsel) (dlt) (Entered: 07/16/2002)

RESPONSE by pltf EEOC to deft's mtn for oral argument [84-1]. (dlt) (Entered: 07/17/2002)

LETTER from Kent Thomas, deft Guardian, re: parties have agreed to maintain the original schedule for oral argument as set by the Court. Therefore, the parties intend to argue the deft's mtn for summary judgment on 8/12/02 at 3:00 p.m. (dlt) (Entered: 07/31/2002)

REPLY by deft Guardian to response to motion for summary judgment [76-1]. (dlt) (Entered: 07/31/2002)

REPLY by deft Guardian to EEOC's additional facts w/in its response to the Gauardian's stmt of undisputed material facts [78-1]. (dlt) (Entered: 07/31/2002)

CLERK'S RESUME: Hearing on motion for summary judgment [76-1] held on 8/12/02. The deft's mtn is taken under advisement. C/R: Peggy Turner (dlt) (Entered: 08/13/2002)

PROPOSED Agreed Order re: extend the mtn in limine ddl to 10/18/02 and response ddl to 11/01/02. (dlt) (Entered: 10/15/2002)

ORDER by Judge William J. Haynes Jr.: Ddl for mtns in limine is extended to 10/18/02 & ddl for responses to mtns in limine is extended to 11/1/02. EOD 10/16/02 (cc: all counsel) (dlt) (Entered: 10/16/2002)

MEMORANDUM OF THE COURT (cc: all counsel) (EOD 10/23/02) (dlt) (Entered: 10/23/2002)

ORDER by Judge William J. Haynes Jr.: In accordance w/ the memorandum filed herewith, deft's motion for summary judgment [76-1] is denied. EOD 10/23/02 (cc: all counsel) (dlt) (Entered: 10/23/2002)

PROPOSED JOINT STIPULATIONS submitted by pltf and intervener (jb) (Entered: 10/28/2002)

TRIAL WITNESS/EXHIBIT list by pltf EEOC & intevenor pltf Peggy Rouilier (jb) (Entered: 10/28/2002)