Case: EEOC v. BODY FIRM AEROBICS d/b/a GOLD'S GYM

EEOC v. Body Firm Aerobics

EEOC v. Body Firm Aerobics d/b/a Gold's Gym

EEOC v. Body Firm Aerobics d/b/a Gold's Gym

EEOC v. Body Firm Aerobics d/b/a Gold's Gym

EEOC v. Body Firm Aerobics d/b/a Gold's Gym

EEOC v. Body Firm Aerobics d/b/a Gold's Gym

Carly Knight, Frank Dobbin, Alexandra Kalev

Complaint filed, assigned to Judge J. Thomas Greene (kvs) (Entered: 09/30/2003)

Memo of recusal signed by Judge Greene, 9/30/03 (ce) (Entered: 10/01/2003)

Case reassigned to Judge Tena Campbell (ce) (Entered: 10/02/2003)

NTC of recusal of Judge J. Thomas Greene and reassignment to Judge Tena Campbell. cc: atty (alt) (Entered: 10/06/2003)

Return of summons executed as to Body Firm Aerobics c/o Ryan Heber on 10/7/03 Answer due on 10/27/03 for Body Firm Aerobics (kvs) (Entered: 10/30/2003)

Answer to Complaint by Body Firm Aerobics (kvs) (Entered: 11/05/2003)

Clerk's mailing of certificate of acknowledgment of alternative dispute resolution option. Mailed, faxed or emailed to plaintiff EEOC, defendant Body Firm Aerobics (kvs) (Entered: 11/05/2003)

Motion by Andrea Liender to intervene by Andrea Liender (kvs) (Entered: 12/01/2003)

Memorandum by Andrea Liender in support of [5-1] motion to intervene by Andrea Liender (kvs) (Entered: 12/01/2003)

Motion and Order signed by Judge Tena Campbell, 12/11/03. Granting motion/PHV for Attorney Sally Shanley, Mary Jo O'Neill, C. Emanuel Smith on behalf of plaintiff EEOC cc:attys (alt) (Entered: 12/15/2003)

Notice of Hearing filed: status conference set for 2:30 6/10/04 To be held before Judge TC cc:atty (Ntc generated by: Chmbrs, TB) (alt) (Entered: 04/07/2004)

Order granting [5-1] motion to intervene by Andrea Liender signed by Judge Tena Campbell, 4/22/04 cc:atty (alt) (Entered: 04/23/2004)

AMENDED Notice of Hearing filed: status conference reset for 2:30 6/14/04 To be held before Judge TC cc:atty (Ntc generated by: Chmbrs, TB) (alt) (Entered: 05/18/2004)

REPORT of Attorney Planning Meeting (alt) (Entered: 05/18/2004)

Scheduling order Setting Joining of parties, amending of pleadings on 5:00 7/23/04; Deadline for filing of all motions 5:00 1/14/05; Discovery cutoff 5:00 11/19/04-fact, 12/23/04-expert; Special Attorney Conference by 5/5/05; Final Pretrial Conference for 3:00 5/19/05; 3-day Jury Trial for 8:30 6/13/05 Signed by Judge David Nuffer 5/25/04 cc:atty. (alt) (Entered: 05/26/2004)

Certificate of service re: initial Rule 26(a)(1) dcls by EEOC (alt) (Entered: 06/02/2004)

Certificate of service re: Rule 26(a)(1) intitial dcls by Andrea Liender (alt) (Entered: 06/02/2004)

Minute entry: Mr. Harrison will file a stipulated motion to amend scheduling order. Parties may mediate and will inform the court if mediation is chosen. The court directs counsel to meet this week and decide what discovery needs to be produced. Damages are to be identified by 7/15/04. ; Judge: Tena Campbell Court Reporter: Ray Fenlon Court Deputy: Theresa Brown (tb) (Entered: 06/15/2004)

Certificate of service re: dft's initial dcls by Body Firm Aerobics (alt) (Entered: 06/17/2004)

Certificate of service by EEOC re: First Supplemental Disclosure Statement (jmr) (Entered: 08/13/2004)

Joint Stipulation by EEOC, Body Firm Aerobics, Andrea Liender Joint Stip to extend time upto 4/29/04 for discovery deadlines (jmr) (Entered: 11/22/2004)

Order granting [18-1] stipulated motion to extend time upto 4/29/04 for discovery deadlines, discovery due set for 4/29/05 signed by Judge Tena Campbell, 11/24/04 cc:atty (alt) (Entered: 11/23/2004)

AMENDED Notice of Hearing filed: Final Pretrial Conference reset for 3:00 11/14/05 To be held before Judge TC cc:atty (Ntc generated by: Chmbrs, TB) (alt) (Entered: 11/23/2004)

AMENDED Notice of Hearing filed: 3-Day Jury trial reset for 8:30 12/5/05 To be held before Judge TC cc:atty (Ntc generated by: Chmbrs, TB) (alt) (Entered: 11/23/2004)

Order, extending deadline , discovery due reset for 8/31/05 signed by Judge Tena Campbell, 4/28/05 cc:atty (alt) (Entered: 04/29/2005)

CERTIFICATE OF SERVICE re: 2nd Supplemental Discloure Statement by Equal Employment Opportunity Commission (alt) (Entered: 06/08/2005)

MOTION/ORDER granting motion for Admission Pro Hac Vice of Lucila G. Rosas for Equal Employment Opportunity Commission. Attorneys admitted pro hac vice may download a copy of the District of Utah's local rules from court's web site at http://www.utd.uscourts.gov . Signed by Judge Tena Campbell on 6/9/05 (alt) (Entered: 06/10/2005)

CERTIFICATE OF SERVICE re: 1st set of requests for prod/docs by Andrea Liender (alt) (Entered: 06/28/2005)

CERTIFICATE OF SERVICE re: 1st set of interrogs by Andrea Liender (alt) (Entered: 06/28/2005)

NOTICE of Appearance by Kathryn Ogden Balmforth, Mary Anne Q. Wood on behalf of Body Firm Aerobics (alt) (Entered: 07/18/2005)

CERTIFICATE OF SERVICE re: Discovery Requests by Equal Employment Opportunity Commission (alt) (Entered: 07/27/2005)

CERTIFICATE OF SERVICE re: 2nd set of requests for prod/docs by Body Firm Aerobics (alt) (Entered: 07/27/2005)

CERTIFICATE OF SERVICE re: 1st set of interrogs & reqs for prod/docs by Body Firm Aerobics (alt) (Entered: 07/27/2005)

CERTIFICATE OF SERVICE re: answer/responses to Lienders 1st set of Interrogs & 1st set of requests for prod/doc by Body Firm Aerobics (alt) (Entered: 08/08/2005)

CERTIFICATE OF SERVICE re: 3rd Supplemental Disclosure Statement by Equal Employment Opportunity Commission (alt) (Entered: 08/10/2005)

MOTION for Akiko Kawamura to Withdraw as Attorney filed by Intervenor Plaintiff Andrea Liender (alt) (Entered: 08/11/2005)

ORDER granting 33 Motion to Withdraw as Attorney. Signed by Judge Tena Campbell on 8/15/05 (alt) (Entered: 08/17/2005)

CERTIFICATE OF SERVICE by Body Firm Aerobics (alt) (Entered: 08/23/2005)

CERTIFICATE OF SERVICE re: discovery responses by Equal Employment Opportunity Commission (alt) (Entered: 08/29/2005)

MOTION for Protective Order re 30(b)(6) Deposition filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1)(Shanley, Sally) (Entered: 08/23/2005)

Joint MOTION for Extension of Time to Complete Discovery filed by Plaintiff Equal Employment Opportunity Commission and intervenor plaintiff Andrea Liender. (Attachments: # 1 # 2)(Shanley, Sally) Modified on 8/24/2005 by adding intervenor plaintiff Liender to this entry (ce, ). (Entered: 08/23/2005)

CERTIFICATE OF SERVICE re: responses to 1st & 2nd sets of requests for prod/docs, by Andrea Liender (alt) (Entered: 08/29/2005)

Modification of Docket: Error: Intervenor Plaintiff was not added to the original entry for motion for extension of time to complete discovery, doc no. 37. Correction: Added intervenor plaintiff Liender re 37 Joint MOTION for Extension of Time to Complete Discovery (ce, ) (Entered: 08/24/2005)

Modification of Docket: Error: The attachments for documents no. 35 and 37 were not described. Correction: Attachments were described for clarity re 37 Joint MOTION for Extension of Time to Complete Discovery (one attachment), 35 MOTION for Protective Order re 30(b)(6) Deposition (two attachments). (ce, ) (Entered: 08/24/2005)

MOTION for Protective Order re: Deposition, filed by Defendant Body Firm Aerobics (alt) (Entered: 08/31/2005)

MEMORANDUM in Support of 44 MOTION for Protective Order, filed by Defendant Body Firm Aerobics (alt) (Entered: 08/31/2005)

STATEMENT OF COUNSEL in support of 44 MOTION for Protective Order filed by Body Firm Aerobics (alt) (Entered: 08/31/2005)

MOTION to Amend 4 Answer to Complaint filed by Defendant Body Firm Aerobics (alt) (Entered: 08/31/2005)

MEMORANDUM in Support of 42 MOTION to Amend 4 Answer to Complaint, filed by Defendant Body Firm Aerobics (alt) (Entered: 08/31/2005)

CERTIFICATE OF SERVICE re: 1st Supplementation to Rule 26(a)(1) Initial Disclosures by Andrea Liender (alt) (Entered: 09/08/2005)

ORDER REFERRING CASE to Magistrate Judge Samuel Alba under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. Signed by Judge Tena Campbell on 9/6/05 (alt) (Entered: 09/09/2005)

EXPERT REPORT of David Cherrington Witness filed by Defendant Body Firm Aerobics. (Attachments: # 1 Exhibit A - Expert Report of David Cherrington)(Wood, Mary Anne) (Entered: 09/09/2005)

MEMORANDUM in Opposition to 35 MOTION for Protective Order re: 30(b)(6) Deposition , filed by Defendant Body Firm Aerobics (alt) (Entered: 09/15/2005)

MEMORANDUM in Opposition to 37 Joint MOTION for Extension of Time to Complete Discovery, filed by Defendant Body Firm Aerobics (alt) (Entered: 09/15/2005)

EXHIBIT A filed by Body Firm Aerobics re: 51 Memorandum in Opposition to Motion (alt) (Entered: 09/19/2005)

NOTICE OF HEARING ON MOTION re: 35 MOTION for Protective Order re 30(b)(6) Deposition , 44 MOTION for Protective Order, 37 Joint MOTION for Extension of Time to Complete Discovery, 42 MOTION to Amend/Correct 4 Answer to Complaint: Motion Hearing set for 10/5/2005 10:00 A.M. in Room 248 before Magistrate Judge Samuel Alba. (cas) (Entered: 09/16/2005)

RESPONSE to Motion re 42 MOTION to Amend/Correct 4 Answer to Complaint filed by Plaintiff Equal Employment Opportunity Commission. (Rosas, Lucila) (Entered: 09/19/2005)

CROSS-MOTION to Compel 30(b)(6) Deposition filed by Intervenor Plaintiff Andrea Liender (alt) (Entered: 09/22/2005)

MEMORANDUM in Opposition to 44 MOTION for Protective Order, filed by Intervenor Plaintiff Andrea Liender (alt) (Entered: 09/22/2005)

MEMORANDUM in Support of 55 CROSS-MOTION to Compel 30(b)(6) Deposition filed by Intervenor Plaintiff Andrea Liender (alt) (Entered: 09/22/2005)

DECLARATION of Lincoln W. Hobbs filed by Andrea Liender (alt) (Entered: 09/22/2005)

REPLY to Response to Motion re 37 Joint MOTION for Extension of Time to Complete Discovery filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Letter to Brian Harrison)(Rosas, Lucila) (Entered: 09/26/2005)

REPLY to Response to Motion re 35 MOTION for Protective Order re 30(b)(6) Deposition filed by Plaintiff Equal Employment Opportunity Commission. (Shanley, Sally) (Entered: 09/26/2005)

MOTION to Strike the Declaration of Mary Anne Q. Wood filed by Intervenor Plaintiff Andrea Liender (alt) (Entered: 09/29/2005)

MEMORANDUM in Support of 61 MOTION to Strike filed by Intervenor Plaintiff Andrea Liender (alt) (Entered: 09/29/2005)

SUBSTITUTED DECLARATION of Brain C. Harrison filed by Body Firm Aerobics (alt) (Entered: 09/29/2005)

REPLY to Response to Motion re 44 MOTION for Protective Order filed by Defendant Body Firm Aerobics. (Attachments: # 1 Appendix A - Unreported cases: Schroeder v. Southwest Airlines; EEOC v. Pacific Maritime Ass'n)(Wood, Mary Anne) (Entered: 09/30/2005)

REPLY to Response to Motion re 42 MOTION to Amend/Correct 4 Answer to Complaint filed by Defendant Body Firm Aerobics. (Wood, Mary Anne) (Entered: 10/03/2005)

MEMORANDUM in Opposition re 55 MOTION to Compel 30(b)(6) Deposition filed by Defendant Body Firm Aerobics. (Wood, Mary Anne) (Entered: 10/04/2005)

REPLY to Response to 55 MOTION to Compel 30(b)(6) Deposition filed by Intervenor Plaintiff Andrea Liender (alt) (Entered: 10/12/2005)

MOTION to Compel Resumption of Deposition of Ronald O. Littlebrandt filed by Intervenor Plaintiff Andrea Liender (alt) (Entered: 10/13/2005)

MEMORANDUM in Support of 69 MOTION to Compel Resumption of Deposition of Ronald O. Littlebrandt filed by Intervenor Plaintiff Andrea Liender (Attachments: #(1) Exhibit, #(2) Exhibit, #(3) Exhibit, #(4) Exhibit)(alt) (Entered: 10/13/2005)

SUPPLEMENTAL DECLARATION of Lincoln W. Hobbs filed by Andrea Liender (alt) (Entered: 10/13/2005)

AMENDED CERTIFICATE OF SERVICE re: Rule 26(a)(3) Pretrial Disclosures by Andrea Liender (alt) (Entered: 10/13/2005)

NOTICE of Lodging Proposed Form of Order by Equal Employment Opportunity Commission re 35 MOTION for Protective Order re 30(b)(6) Deposition (Attachments: # 1 Exhibit Proposed Form of Order)(Shanley, Sally) (Entered: 10/12/2005)

MEMORANDUM in Opposition to 69 MOTION to Compel Resumption of Deposition of Ronald O. Littlebrandt, filed by Defendant Body Firm Aerobics (alt) (Entered: 10/21/2005)

AMENDED ANSWER to Complaint filed by Body Firm Aerobics(alt) (Entered: 10/31/2005)

NOTICE OF HEARING ON MOTION re: 69 MOTION to Compel Resumption of Deposition of Ronald O. Littlebrandt: Motion Hearing set for 11/14/2005 09:30 AM in Room 248 before Magistrate Judge Samuel Alba. (cas) (Entered: 10/31/2005)

TRIAL ORDER with instructions to counsel: 3-day Jury Trial set for 12/5/2005 08:30 AM before Judge Tena Campbell. Final Pretrial Conference set for 11/14/2005 03:00 PM before Judge Tena Campbell. In Chambers Conference set for 12/5/2005 08:00 AM before Judge Tena Campbell. Signed by Judge Tena Campbell on 10/31/05 (alt) (Entered: 11/01/2005)

NOTICE OF FILING Complaint in Intervention filed by Intervenor Plaintiff Andrea Liender (alt) (Entered: 11/03/2005)

ORDER granting 42 Motion to Amend Answer. Signed by Judge Samuel Alba on 11/3/05 (alt) (Entered: 11/04/2005)

Minute Entry for proceedings held before Judge Samuel Alba: granting 69 Motion to Compel, Motion Hearing held on 11/14/2005 re 69 MOTION to Compel Resumption of Deposition of Ronald O. Littlebrandt filed by Andrea Liender. The Court noted the Motion to Compel and corresponding memoranda. Counsel presented their arguments as to the Motion to Compel to the Court. The Court granted the Plaintiff-Intervenor's Motion to Compel Resumption of Deposition of Ronald O. Littlebrandt. The Court ordered Rule 37 sanctions as to the costs associated with the resumption of the deposition to include the attorney's fees of Mr. Smith and Mr. Hobbs. The Court will not impose travel costs but will assess the hourly rate. Mr. Hobbs is to submit an affidavit of costs and provide a copy to counsel. Mr. Hobbs is to prepare and submit a proposed order in this matter. Attorney for Plaintiff-Intervenor: Lincoln Hobbs, Attorney for Plaintiff: Emanuel Smith, Attorney for Defendant Kathryn Balmforth.(Court Reporter Electronic, Tape #162 & 163, Log #6418-End and 0000-781.) (tsh, ) (Entered: 11/18/2005)

ORDER granting 35 Motion for Protective Order. Signed by Judge Samuel Alba on 11/15/05 (alt) (Entered: 11/15/2005)

MOTION to Compel Responses to Discovery re: Punitive Damages filed by Intervenor Plaintiff Andrea Liender (alt) (Entered: 11/16/2005)

MEMORANDUM in Support of 80 MOTION to Compel Responses to Discovery re: Punitive Damages filed by Intervenor Plaintiff Andrea Liender (alt) (Entered: 11/16/2005)

DECLARATION of Lisa McGarry filed by Andrea Liender (alt) (Entered: 11/16/2005)

NOTICE of Change of Address by Lincoln W Hobbs, Lisa M. McGarry (alt) (Entered: 11/21/2005)

MOTION to Reconsider Ruling on Motion to Compel Resumption of Deposition of Ronald O. Littlebrandt filed by Defendant Body Firm Aerobics (alt) (Entered: 11/18/2005)

MEMORANDUM in Support of 83 MOTION to Reconsider Ruling on Motion to Compel Resumption of Deposition of Ronald O. Littlebrandt filed by Defendant Body Firm Aerobics (alt) (Entered: 11/18/2005)

AMENDED SCHEDULING ORDER: Discovery due by 12/30/2005. Motions due by 1/31/2006. Final Pretrial Conference set for 4/3/2006 02:30 PM before Judge Tena Campbell. 4-day Jury Trial set for 4/24/2006 08:30 AM before Judge Tena Campbell. Signed by Judge Samuel Alba on 11/18/05 (alt) (Entered: 11/21/2005)

ANSWER to Complaint in Intervention filed by Body Firm Aerobics (alt) (Entered: 11/22/2005)

MOTION to Compel Production of Documents filed by Defendant Body Firm Aerobics (alt) (Entered: 11/29/2005)

MEMORANDUM in Support of 89 MOTION to Compel Production of Documents filed by Defendant Body Firm Aerobics (alt) (Entered: 11/29/2005)

OBJECTIONS to Affidavit of Attorney Fees (no such affidavit filed with the Clerk's Office as of 11/29/05), filed by Defendant Body Firm Aerobics (alt) (Entered: 11/29/2005)

CERTIFICATE OF SERVICE re: 1st set of interrogs & 2nd set of reqs for prod/docs by Equal Employment Opportunity Commission (alt) (Entered: 12/02/2005)

MEMORANDUM in Opposition to 80 MOTION to Compel Responses to Discovery re: Punitive Damages, filed by Defendant Body Firm Aerobics (alt) (Entered: 12/02/2005)

NOTICE of Service of Fourth Supplemental Rule 26(a)(1) Disclosure Statement by Equal Employment Opportunity Commission (Shanley, Sally) (Entered: 12/01/2005)

MOTION to Strike 48 Expert Report filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order)(Rosas, Lucila) (Entered: 12/01/2005)

MOTION to Expedite Hearing on Plaintiff EEOC's and Plaintiff-Intervenor's Motion to Strike Expert Testimony filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order)(Rosas, Lucila) (Entered: 12/01/2005)

MEMORANDUM in Opposition to 94 MOTION to Expedite Hearing on Plaintiff EEOC's and Plaintiff-Intervenor's Motion to Strike Expert Testimony, filed by Defendant Body Firm Aerobics (alt) (Entered: 12/06/2005)