Case: EEOC v. K&B Louisiana Corporation (d/b/a Rite Aid)

EEOC v. K&B Louisiana Corporation

U.S. Court of Appeals for the Fifth Circuit

EEOC v. Rite Aid Corp et al

EEOC v. Rite-Aid Corporation

EEOC v. K&B Louisiana Corporation

EEOC v. Rite Aid Corporation

EEOC v. K&B Louisiana Corporation

EEOC v. K&B Louisiana Corporation

EEOC v. K&B Louisiana Corporation

EEOC v. K&B Louisiana Corporation

EEOC v. K&B Louisiana Corporation

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT filed; jury demand (Dean, S) (Entered: 10/06/2000)

Amount of fee $ 0/USA . (Gilmer, P) (Entered: 10/04/2000)

CASE ASSIGNED to Magistrate Judge James D Kirk for Discovery (Dean, S) (Entered: 10/06/2000)

ANSWER to Complaint; jury demand and CNTERCLM by Rite Aid Corp against E E O C (Berry, D) (Entered: 11/16/2000)

NOTICE by K & B LA Corp to take deposition of Johnny L Williams on January 24, 2001 at 10:00 AM in Monroe, LA 71201 (Berry, D) (Entered: 12/06/2000)

MOTION by E E O C to amend [1-1] complaint with Proposed Order and Proposed Amended Complaint referred to Magistrate Judge James D Kirk (w/consent) (Berry, D) (Entered: 12/28/2000)

ORDER granting [4-1] motion to amend [1-1] complaint (signed by Magistrate Judge James D Kirk) NOE by: db (Berry, D) (Entered: 01/02/2001)

AMENDED COMPLAINT by E E O C; (Answer due 1/8/01 for K & B LA Corp) amending [1-1] complaint; jury demand (Berry, D) (Entered: 01/02/2001)

ANSWER by E E O C to [2-2] counter claim (Dean, S) (Entered: 01/16/2001)

ANSWER by K & B LA Corp to amended complaint; jury demand (Berry, D) (Entered: 01/18/2001)

SCHEDULING ORDER: Jury Trial set for 9:00AM on 10/1/01; Pretrial Conference for 1:30PM on 9/6/01; Pretrial order to be submitted on or before 5:00PM on 9/4/01; Joining of parties, amding of pleadings on 2/23/01; Witness list due 4/4/01; Pltf's expert info/rpts due 4/24/01; Dft's expert info/rpts due 5/24/01; Discovery due 5/24/01; Deadline for filing of motions 6/8/01; Expert depositions due 7/18/01; Deadline to prepare PT stips set for 8/15/01; Motions in limine due 8/22/01; Trial inst., interr, etc due 9/4/01; Trial depositions due 9/4/01 deadlines set before Judge G James (signed by Angine Carroll for Robert G James) NOE by: db (Berry, D) (Entered: 02/07/2001)

MOTION w/brief by K & B LA Corp for protective order with Proposed Order referred to Magistrate Judge James D Kirk (Berry, D) (Entered: 02/12/2001)

RESPONSE by E E O C in opposition to [10-1] motion for protective order (former employee) (Entered: 02/15/2001)

REPLY by K & B LA Corp to response to [10-1] motion for protective order (former employee) (Entered: 02/15/2001)

MEMORANDUM RULING granting [10-1] motion for protective order (signed by Magistrate Judge James D Kirk) NOE by: tw (former employee) (Entered: 02/15/2001)

MOTION w/brief by K & B LA Corp to compel and to traverse the EEOC's Responses to Interrogatories and Requests for Production of Documents WITH EXHIBITS (Berry, D) (Entered: 02/26/2001)

NOTICE OF SETTING: Motion day set on 5/3/01 for [14-1] motion to compel and [14-2] motion to traverse the EEOC's Responses to Interrogatories and Requests for Production of Documents before Magistrate Judge James D Kirk. NOE by: db (Berry, D) (Entered: 02/26/2001)

RESPONSE (entitled "Affidavit of George D Fagan") by K & B LA Corp to [13-1] order (Berry, D) (Entered: 02/26/2001)

MEMORANDUM by E E O C in opposition to [14-1] motion to compel, [14-2] motion to traverse the EEOC's Responses to Interrogatories and Requests for Production of Documents WITH EXHIBITS (Berry, D) (Entered: 03/08/2001)

ORDER: After review of the affidavit filed showing total time and expenses regarding the discovery matter, IT IS ORDERED that Yancy A Carter pay to defendant Rite Aid Corporation the sum of $1,820.00 which sum shall be paid no later than 3/30/01 (signed by Magistrate Judge James D Kirk) NOE by: tw (former employee) (Entered: 03/16/2001)

PRELIMINARY WITNESS LIST by E E O C (Berry, D) (Entered: 03/28/2001)

MOTION w/brief by E E O C to stay Magistrate Kirk's March 15, 2001 Order and/or to extend time within which EEOC can comply with the Order and appealing Magistrate's Ruling dated March 15,2001 for sanctions referred to Judge Robert G James (Berry, D) (Entered: 03/30/2001)

MOTION by E E O C to expedite consideration of [20-1] motion to stay Magistrate Kirk's March 15, 2001 Order, [20-2] motion to extend time within which EEOC can comply with the Order, [20-3] motion appealing Magistrate's Ruling dated March 15,2001 for sanctions with Proposed Order referred to Judge Robert G James (Berry, D) (Entered: 03/30/2001)

ORDER denying as moot [21-1] motion to expedite consideration of [20-1] motion to stay Magistrate Kirk's March 15, 2001 Order, [20-2] motion to extend time within which EEOC can comply with the Order, [20-3] motion appealing Magistrate's Ruling dated March 15,2001 for sanctions. Court denies [20-1] motion to stay Magistrate Kirk's March 15, 2001 Order, denies [20-2] motion to extend time within which EEOC can comply with the Order, denies [20-3] motion appealing Magistrate's Ruling dated March 15,2001 for sanctions and Court affirms the Magistrate Judge's [18-1] order (signed by Judge Robert G James) NOE by: db (Berry, D) (Entered: 04/02/2001)

WITNESS LIST by K & B LA Corp (Berry, D) (Entered: 04/02/2001)

PROPOSED ORDER Returned Unsigned re: [21-1] motion to expedite consideration of [20-1] motion to stay Magistrate Kirk's March 15, 2001 Order, [20-2] motion to extend time within which EEOC can comply with the Order, [20-3] motion appealing Magistrate's Ruling dated March 15,2001 for sanctions, [20-1] motion to stay Magistrate Kirk's March 15, 2001 Order, [20-2] motion to extend time within which EEOC can comply with the Order, [20-3] motion appealing Magistrate's Ruling dated March 15,2001 for sanctions. See Order dated 3/3/01. NOE by: db (Berry, D) (Entered: 04/03/2001)

MOTION w/brief by E E O C to certify Order as a Final Judgment with Proposed Order referred to Judge Robert G James (Berry, D) (Entered: 04/09/2001)

NOTICE OF APPEAL by Yancy A Carter from [22-1] entered on 3/30/01 by Judge Robert G James. Fee Status NOT PAID (Joffrion, B) (Entered: 04/09/2001)

TRANSMITTAL of Notice of Appeal and Certified Copy of Docket to USCA: [26-1] appeal NOE to Judge Robert G James, Courtroom Deputy and Attorneys: Yancy A Carter w/fee letter, George D Fagan, Keith T Hill, Michelle T Butler (Joffrion, B) (Entered: 04/09/2001)

ORDER denying [25-1] motion to certify Order as a Final Judgment. (signed by Judge Robert G James) NOE by: bp (Prest, B) (Entered: 04/11/2001)

NOTICE of Docketing ROA from USCA Re: [26-1] appeal USCA NUMBER: 01-30448 (Joffrion, B) (Entered: 04/16/2001)

USCA appeal fees received from Yancy A Carter regarding [26-1] appeal; Fee Status PAID, Filing fee $105.00, Receipt #95131; NOE by BKJ (Joffrion, B) (Entered: 04/25/2001)

JUDGMENT OF USCA (certified copy) Re: [26-1] appeal; pursuant to motion of appellant the appeal is dismissed. NOE to Judge Robert G James and Courtroom Deputy (Joffrion, B) (Entered: 05/07/2001)

MOTION w/brief by K & B LA Corp for protective order with Proposed Order referred to Magistrate Judge James D Kirk WITH EXHIBITS (Berry, D) (Entered: 05/11/2001)

MOTION by K & B LA Corp to expedite consideration of [29-1] motion for protective order with Proposed Order referred to Magistrate Judge James D Kirk (Berry, D) (Entered: 05/11/2001)

MEMORANDUM by E E O C in opposition to [29-1] motion for protective order (Berry, D) (Entered: 05/17/2001)

MINUTE ENTRY: granting [30-1] motion to expedite consideration of [29-1] motion for protective order, denying [29-1] motion for protective order (signed by Magistrate Judge James D Kirk) NOE by: tw (former employee) (Entered: 05/30/2001)

Status conference held (former employee) (Entered: 05/30/2001)

MOTION by E E O C to amend [1-1] complaint with Proposed Order and Proposed Amended Complaint referred to Magistrate Judge James D Kirk (w/consent) (Berry, D) (Entered: 06/04/2001)

MOTION w/brief by K & B LA Corp to extend time for filing of dispositive motions with Proposed Order referred to Judge Robert G James (consent sought) (Berry, D) (Entered: 06/07/2001)

ORDER granting [34-1] motion to extend time for filing of dispositive motions reset scheduling order deadlines: Deadline for filing of all motions by 6/18/01 before Judge Robert G James (signed by Judge Robert G James) NOE by: dd (Dickerson, D) (Entered: 06/11/2001)

ORDER granting [33-1] motion to amend [1-1] complaint (signed by Magistrate Judge James D Kirk) NOE by: db (Berry, D) (Entered: 06/13/2001)

AMENDED COMPLAINT by E E O C, (Answer due 6/22/01 for K & B LA Corp) amending [1-1] complaint; jury demand (Berry, D) (Entered: 06/13/2001)

DEFICIENCY NOTICE to counsel for K & B LA Corp re: motion for leave to file memorandum in support of motion for summary judgment in excess of page limit submitted on 6/18/01. Reason: statement of facts is not an original. NOE by sem (McInnis, S) (Entered: 06/18/2001)

NOTICE by K & B LA Corp of Additional Counsel of Record (McInnis, S) (Entered: 06/19/2001)

MOTION by K & B LA Corp for leave to file memorandum exceeding page limit with Proposed Order, Proposed Motion for Summary Judgment and Proposed Statement of Facts referred to Judge Robert G James (held due to deficiency) (Berry, D) (Entered: 06/22/2001)

ORDER granting [40-1] motion for leave to file memorandum exceeding page limit (signed by Judge Robert G James) NOE by: db (Berry, D) (Entered: 06/28/2001)

STATEMENT of material facts by K & B LA Corp regarding [42-1] motion for summary judgment as to Rule 56 of FRCP, [42-2] motion for partial summary judgment as the Court deems appropriate (Berry, D) (Entered: 06/28/2001)

MOTION w/brief by K & B LA Corp for summary judgment as to Rule 56 of FRCP and alternatively for partial summary judgment as the Court deems appropriate WITH EXHIBITS (Berry, D) Modified on 06/28/2001 (Entered: 06/28/2001)

NOTICE OF SETTING: Motion day set on 8/23/01 for [42-1] motion for summary judgment as to Rule 56 of FRCP and for [42-2] motion for partial summary judgment as the Court deems appropriate before Judge Robert G James. NOE by: db (Berry, D) (Entered: 07/05/2001)

ORDER denying as moot [14-1] motion to compel, denying as moot [14-2] motion to traverse the EEOC's Responses to Interrogatories and Requests for Production of Documents (signed by Magistrate Judge James D Kirk) NOE by: mll (Leleux, M) (Entered: 07/05/2001)

MINUTES OF COURT from 1st Day of Jury Trial. Joint Stipulations filed (by Judge Robert G James) Court Reporter: Richard Williams NOE by: db (Berry, D) (Entered: 07/18/2002)

MEMORANDUM by E E O C in opposition to [42-1] motion for summary judgment as to Rule 56 of FRCP, [42-2] motion for partial summary judgment as the Court deems appropriate WITH EXHIBITS (McInnis, S) Modified on 07/20/2001 (Entered: 07/20/2001)

STATEMENT of material facts by E E O C regarding [42-1] motion for summary judgment as to Rule 56 of FRCP, [42-2] motion for partial summary judgment as the Court deems appropriate (McInnis, S) (Entered: 07/20/2001)

UNOPPOSED MOTION by K & B LA Corp to continue October 1, 2001 Trial Date with Proposed Order referred to Judge Robert G James (Berry, D) (Entered: 08/16/2001)

MOTION by K & B LA Corp for oral argument re: its motion for summary judgment set for 8/23/01 with Proposed Order referred to Judge Robert G James (Berry, D) (Entered: 08/16/2001)

ORDER granting [48-1] motion to continue October 1, 2001 Trial Date. Clerk of Court shall reset the matter for a jury trial to take place on the Court's regularly available jury trial date in 2002 (signed by Judge Robert G James) NOE by: db (Berry, D) (Entered: 08/20/2001)

ORDER denying [49-1] motion for oral argument re: its motion for summary judgment set for 8/23/01 (signed by Judge Robert G James) NOE by: db (Berry, D) (Entered: 08/20/2001)

Deadline updated; Jury Trial is continued to be reset on the Court's next regularly available jury trial date in 2002 before Judge Robert G James (Berry, D) (Entered: 08/20/2001)

MEMORANDUM RULING granting in part, denying in part [42-1] motion for summary judgment as to Rule 56 of FRCP, granting in part, denying in part [42-2] motion for partial summary judgment as the Court deems appropriate (signed by Judge Robert G James) NOE by: db (Berry, D) (Entered: 08/23/2001)

ORDER granting in part, denying in part [42-1] motion for summary judgment as to Rule 56 of FRCP, granting in part, denying in part [42-2] motion for partial summary judgment as the Court deems appropriate (signed by Judge Robert G James) NOE by: db (Berry, D) (Entered: 08/23/2001)

SCHEDULING ORDER: Jury Trial set for 9:00 5/6/02; Pretrial Conference for 11:30 4/4/02; Pretrial order to be submitted on or before 5:00 4/1/02; amend/joinder 9/21/01; Witness list due 10/31/01; Pltf's expert info/rpts due 11/20/01; Dft's expert info/rpts due 12/20/01; Discovery due 11/20/01; Discovery II due 12/20/01; Dispositive Motions 1/4/02; Expert depositions due 2/13/02; Motions in limine due 3/20/02; deadlines set before Judge Robert G James (signed by Deputy Clerk Angie Carroll) NOE by: cww (Whidden, C) (Entered: 09/21/2001)

SECOND MOTION w/brief by K & B LA Corp for summary judgment as to Rule 56 of FRCP WITH EXHIBITS (Berry, D) Modified on 09/26/2001 (Entered: 09/26/2001)

STATEMENT of material facts by K & B LA Corp regarding [55-1] motion for summary judgment as to Rule 56 of FRCP (Berry, D) (Entered: 09/26/2001)

NOTICE OF SETTING: Motion day set on 11/22/01 for [55-1] motion for summary judgment as to Rule 56 of FRCP before Judge Robert G James. NOE by: db (Berry, D) (Entered: 09/26/2001)

MEMORANDUM by E E O C in opposition to [55-1] motion for summary judgment as to Rule 56 of FRCP WITH EXHIBITS (Berry, D) Modified on 10/11/2001 (Entered: 10/11/2001)

STATEMENT of material facts by E E O C regarding [55-1] motion for summary judgment as to Rule 56 of FRCP (Berry, D) (Entered: 10/11/2001)

WITNESS LIST by E E O C (Berry, D) (Entered: 10/24/2001)

WITNESS LIST by K & B LA Corp (Berry, D) (Entered: 10/25/2001)

MOTION by K & B LA Corp for leave to file Reply Brief with Proposed Order and Proposed Reply Brief referred to Judge Robert G James (Berry, D) (Entered: 11/06/2001)

ORDER granting [62-1] motion for leave to file Reply Brief (signed by Judge Robert G James) NOE by: db (Berry, D) (Entered: 11/09/2001)

REPLY by K & B LA Corp to response to [55-1] motion for summary judgment as to Rule 56 of FRCP (Berry, D) (Entered: 11/09/2001)

AMENDED WITNESS LIST by E E O C (Joffrion, B) (Entered: 11/14/2001)

MEMORANDUM RULING denying [55-1] motion for summary judgment as to Rule 56 of FRCP (signed by Judge Robert G James) NOE by: dd (Dickerson, D) (Entered: 11/15/2001)

ORDER denying [55-1] motion for summary judgment as to Rule 56 of FRCP (signed by Judge Robert G James) NOE by: dd (Dickerson, D) (Entered: 11/15/2001)

SETTLEMENT CONFERENCE ORDER; set settlement conference for 9:00 12/12/01 before Magistrate Judge James D Kirk . (signed by Magistrate James D Kirk) NOE by: sjd (Dean, S) (Entered: 11/28/2001)

MINUTE ENTRY: Parties are ordered to mediate this matter befor Magistrate Judge James D Kirk on 12/12/01. Set mediation for 12/12/01 before Magistrate Judge James D Kirk (signed by Judge Robert G James) NOE by: db (Berry, D) (Entered: 11/30/2001)

UNOPPOSED MOTION by E E O C for Rule 16(a) pretrial conference with Proposed Order referred to Judge Robert G James (Berry, D) (Entered: 01/14/2002)

EXPEDITED MOTION by E E O C to extend discovery deadline with Proposed Order referred to Magistrate Judge James D Kirk (w/consent) (Berry, D) Modified on 01/17/2002 (Entered: 01/17/2002)

RESPONSE by K & B LA Corp to [70-1] motion for Rule 16(a) pretrial conference (Berry, D) (Entered: 01/17/2002)

ORDER granting [71-1] motion to extend discovery deadline. Reset discovery due 2/20/02 (signed by Magistrate Judge James D Kirk) NOE by: tw (former employee) (Entered: 01/18/2002)

ORDER granting [70-1] motion for Rule 16(a) pretrial conference. Set pretrial conference for 1:00 1/23/02 before Judge Robert G James (signed by Judge Robert G James) NOE by: dd (McInnis, S) (Entered: 01/23/2002)

MINUTE ENTRY: A Rule 16(a) conference was held by telephone on 1/23/02. Agreed that parties will continue preparation for trial (signed by Judge Robert G James) NOE by fax: dd (Berry, D) (Entered: 01/25/2002)

MOTION by K & B LA Corp for protective order regarding the deposition of Craig M Cousins and for sanctions with Proposed Order referred to Magistrate Judge James D Kirk WITH EXHIBITS (original document not received - copy from Magistrate Kirk certified as original) (Berry, D) (Entered: 02/11/2002)

MOTION by K & B LA Corp to expedite consideration of [81-1] motion for protective order regarding the deposition of Craig M Cousins, [81-2] motion for sanctions with Proposed Order referred to Magistrate Judge James D Kirk (original not received by docket clerk - copy from Magistrate James D Kirk certified as original) (Berry, D) (Entered: 02/11/2002)

MOTION by E E O C to quash notice of deposition and/or for protective order WITH EXHIBITS referred to Magistrate Judge James D Kirk (Dean, S) (Entered: 02/05/2002)

MOTION by E E O C to expedite consideration of [76-1] motion to quash notice of deposition, [76-2] motion for protective order referred to Magistrate Judge James D Kirk (Dean, S) (Entered: 02/05/2002)

MEMORANDUM by E E O C in opposition to Rite Aid's Motion for Protective Order Regarding the Deposition of Craig M Cousins Esquire and its Request for an Award of Sanctions Against the EEOC WITH EXHIBITS (do not have filed Rite Aid's Motion as of 2/5/02) (Berry, D) Modified on 02/07/2002 (Entered: 02/06/2002)

MEMORANDUM by K & B LA Corp in opposition to [76-1] motion to quash notice of deposition, [76-2] motion for protective order (Berry, D) (Entered: 02/07/2002)

MINUTE ENTRY: The undersigned having participated in mediation of the reference matter hereby recuses himself from this case (signed by Magistrate Judge James D Kirk) NOE by: db (Berry, D) (Entered: 02/08/2002)

MINUTE ENTRY: Telephone conference was held on 2/6/02 concerning expedited motions. Court grants [77-1] motion to expedite consideration of [76-1] motion to quash notice of deposition. Court ordered that the deposition be postponed until a review is made by the Court re [76-2] motion for protective order and [76-1] to quash notice of deposition. The EEOC must provide those documents with a privilege log specifically referred to each document on which privilege is claimed within 10 days of the date of this order. Court grants [82-1] motion to expedite consideration of [81-1] motion for protective order regarding the deposition of Craig M Cousins and Court grants [81-1] motion for protective order regarding the deposition of Craig M Cousins (signed by Magistrate Judge James D Kirk) NOE by: db (Berry, D) (Entered: 02/12/2002)

MOTION by E E O C to review and to vacate [83-1] Magistrate Judge Kirk's ruling on 2/6/02 referred to Judge Robert G James (Berry, D) (Entered: 02/12/2002)

MOTION by E E O C to expedite consideration of [84-1] motion to review, [84-2] motion to vacate [83-1] Magistrate Judge Kirk's ruling on 2/6/02 with Proposed Order referred to Judge Robert G James (Berry, D) (Entered: 02/12/2002)

CASE reassigned to Magistrate Judge Karen L Hayes (Berry, D) (Entered: 02/12/2002)

ORDER denying as moot [85-1] motion to expedite consideration of [84-1] motion to review, [84-2] motion to vacate [83-1] Magistrate Judge Kirk's ruling on 2/6/02. Court denies [84-1] motion to review and denies [84-2] motion to vacate [83-1] Magistrate Judge Kirk's ruling on 2/6/02. Court affirms Magistrate Judge's [83-1] order (signed by Judge Robert G James) NOE by: dd (Berry, D) (Entered: 02/19/2002)

RESPONSE (entitled "EEOC'S Privileged Log in Response to Rite Aid's 30(b)(5) Request for Production of Documents") by E E O C to [83-1] order (Berry, D) (Entered: 02/27/2002)

MEMORANDUM RULING granting [76-1] motion to quash notice of deposition, granting [76-2] motion for protective order (signed by Magistrate Judge Karen L Hayes) NOE by: dd (Berry, D) (Entered: 03/08/2002)

MOTION w/brief by K & B LA Corp for reconsideration of [88-1] Magistrate Hayes' March 6, 2002 ruling and order on the EEOC's Motion to Quash and Motion for Protective Order (Berry, D) (Entered: 03/13/2002)

MOTION by K & B LA Corp to expedite consideration of [89-1] motion for reconsideration of [88-1] Magistrate Hayes' March 6, 2002 ruling and order on the EEOC's Motion to Quash and Motion for Protective Order with Proposed Order referred to Magistrate Judge Karen L Hayes (Berry, D) (Entered: 03/13/2002)

MEMORANDUM RULING AND ORDER granting [90-1] motion to expedite consideration of [89-1] motion for reconsideration of Magistrate Hayes' March 6, 2002 ruling and order on the EEOC's Motion to Quash and Motion for Protective Order and granting [89-1] motion for reconsideration of [88-1] Magistrate Hayes' March 6, 2002 ruling and order on the EEOC's Motion to Quash and Motion for Protective Order. The 30(b)(6) deposition of a representative of the EEOC may take place and the EEOC may preserve its objection to any questions asked but the witness must answer the question except as to any documents as to which the court has upheld the EEOC's claim of privilege (signed by Magistrate Judge Karen L Hayes) NOE by: dd (Berry, D) (Entered: 03/14/2002)