Case: EEOC v. Federal Express Corporation

U.S. Court of Appeals for the Eleventh Circuit

EEOC v. Federal Express

EEOC v. Federal Express

EEOC v. Federal Express

EEOC v. Federal Express

EEOC v. Federal Express

EEOC v. Federal Express

EEOC v. Federal Express

EEOC v. Federal Express

EEOC v. Federal Express

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT for Civil Rights Act, Employment Discrimination filed; jury demand (igc) (Entered: 09/27/2002)

MAGISTRATE JUDGE CASE ASSIGNMENT Magistrate assigned: David A. Baker (igc)

SUMMONS issued for Federal Express. (igc)

ORDER ON INTERESTED PERSONS and Corporate Disclosure Statement (response due within 11 days) ( Signed by Judge John Antoon II ) ctc (igc) (Entered: 10/02/2002)

RELATED CASE ORDER AND TRACK TWO NOTICE (response due within 11 days) - TRACK 2. (ctc) (igc) (Entered: 10/02/2002)

MOTION by Ted Maines to intervene as Plaintiff referred to Magistrate Judge David A. Baker (igc) (Entered: 10/10/2002)

CERTIFICATE OF INTERESTED PERSONS and Corporate Disclosure Statement by United States Equal Re: [2-1] order (jet) (Entered: 10/15/2002)

NOTICE (no related cases) by United States Equal of pendency of other actions re: order of compliance to local rule (jet) (Entered: 10/15/2002)

RESPONSE by United States Equal to [2-1] order; certificate of service attached showing service of order on defendant (jet) (Entered: 10/15/2002)

ORDER granting [4-1] motion to intervene as Plaintiff ( Signed by Magistrate Judge David A. Baker ) ctc (igc) (Entered: 10/30/2002)

INTERVENOR'S COMPLAINT with demand for jury trial by Ted Maines against Federal Express (igc) (Entered: 10/30/2002)

CERTIFICATE OF INTERESTED PERSONS and Corporate Disclosure Statement by United States Equal Re: [2-1] order (igc) (Entered: 11/07/2002)

NOTICE by United States Equal of pendency of other actions (no related case) re: order of compliance to local rule (igc) (Entered: 11/07/2002)

CERTIFICATE OF INTERESTED PERSONS and Corporate Disclosure Statement by Federal Express Re: [2-1] order (igc) (Entered: 11/21/2002)

NOTICE by Federal Express of pendency of other actions (no related case) re: order of compliance to local rule (igc) (Entered: 11/21/2002)

NOTICE of designation and consent to act by Federal Express (igc) (Entered: 11/22/2002)

ORDER ON INTERESTED PERSONS and Corporate Disclosure Statement (response due within 11 days for Ted Maines) ( Signed by Judge John Antoon II ) ctc (igc) Modified on 12/04/2002 (Entered: 12/04/2002)

ANSWER and affirmative defenses to [1-1] complaint by Federal Express (cbh) (Entered: 12/24/2002)

ANSWER and affirmative defenses to [9-1] intervenor complaint by Federal Express (cbh) (Entered: 12/24/2002)

ORDER ON INTERESTED PERSONS and Corporate Disclosure Statement (response due within 11 days for Ted Maines) ( Signed by Judge John Antoon II ) ctc (igc) (Entered: 01/31/2003)

CERTIFICATE OF INTERESTED PERSONS and Corporate Disclosure Statement by Ted Maines Re: [18-1] order (igc) (Entered: 02/06/2003)

CASE MANAGEMENT REPORT (jet) (Entered: 02/18/2003)

ORDER referring case to mediation. Appointing Jay M. Cohen as mediator. Conduct hearing by 9/26/03 Lead counsel; Michael J. Farrell, to coordinate dates. ( Signed by Judge John Antoon II ) ctc (igc) (Entered: 03/06/2003)

MOTION by United States Equal to substitute attorney M. Teresa Rodriquez in place of Heui Young Choi ; referred to Magistrate Judge David A. Baker (igc) (Entered: 04/14/2003)

ORDER granting [22-1] motion to substitute attorney M. Teresa Rodriquez in place of Heui Young Choi ( Signed by Magistrate Judge David A. Baker ) ctc (igc) (Entered: 04/15/2003)

JOINT MOTION by United States Equal, Federal Express to extend discovery deadline to 3/30/04, extend mediation deadline to 3/30/04, extend dispositive, Daubert & Markman motions to 4/30/04, extend joint final pretrial statement deadline to 6/30/04 and to extend deadline for all other motions (including motions in limine) & trial briefs to 7/15/04 referred to Magistrate Judge David A. Baker (igc) Modified on 09/25/2003 (Entered: 09/24/2003)

ORDER granting in part [24-1] joint motion to extend discovery deadline to 3/30/04, [24-2] joint motion to extend mediation deadline to 3/30/04, [24-3] joint motion extend dispositive motions, Daubert & Markman motions, [24-4] motion extend joint final pretrial statement deadline to 6/30/04, and [24-5] joint motion to extend deadline for all other motions (including motions in limine) & trial briefs; reset discovery due for 3/30/04, reset mediation conference for 3/30/04, reset dispositive motion filing deadline for 4/9/04, reset pretrial statement deadline for 6/30/04, deadline for meeting in person to prepare joint final pretrial statement is 5/31/04 & deadline for filing all other motions & trial briefs is 7/1/04. ( Signed by Magistrate Judge David A. Baker ) ctc (igc) Modified on 10/02/2003 (Entered: 09/29/2003)

MEDIATION REPORT. Mediation conference held: 3/22/04. Jay M. Cohen, mediator. Hearing outcome: IMPASSE (igc) (Entered: 03/24/2004)

MOTION by Ted Maines with memorandum in support for leave to seek punitive damages under the Florida Whistleblower Act (igc) (Entered: 03/29/2004)

MOTION by Federal Express with memorandum in support for protective order referred to Magistrate Judge David A. Baker (igc) (Entered: 03/29/2004)

MEMORANDUM by Federal Express in opposition to [27-1] motion for leave to seek punitive damages under the Florida Whistleblower Act (igc) (Entered: 04/08/2004)

UNOPPOSED MOTION by Federal Express to exceed page limitation on Defendant's Motion for Summary Judgment (unopposed) ; proposed document, over 20 pages, attached; referred to Magistrate Judge David A. Baker (jet) Modified on 04/12/2004 (Entered: 04/12/2004)

RESPONSE by United States Equal in opposition to [28-1] motion for protective order and [29-1] memorandum in support (jet) (Entered: 04/12/2004)

ORDER granting [30-1] motion to exceed page limitation on Defendant's Motion for Summary Judgment ( Signed by Magistrate Judge David A. Baker ) ctc (igc) (Entered: 04/13/2004)

MOTION by Federal Express with memorandum in support for summary judgment (igc) (Entered: 04/13/2004)

NOTICE of filing of depositions of Ted Maines, Karen Christian, Carmon Lannon, Eddie Jenkins & Gregory Richards in support of motion for summary judgment by Federal Express (igc) (Entered: 04/13/2004)

DEPOSITION of Diane B. Mattman by Federal Express re: [33-1] motion for summary judgment (Transcript filed separately) (igc) (Entered: 04/13/2004)

DEPOSITION of Karen Christian by Federal Express re: [33-1] motion for summary judgment (Transcript filed separately) (igc) (Entered: 04/13/2004)

DEPOSITION of Carmon Lannon by Federal Express re: [33-1] motion for summary judgment (Transcript filed separately) (igc) (Entered: 04/13/2004)

DEPOSITION of Eddie Jenkins by Federal Express re: [33-1] motion for summary judgment (Transcript filed separately) (igc) (Entered: 04/13/2004)

DEPOSITION of Gregory B. Richards by Federal Express re: [33-1] motion for summary judgment (Transcript filed separately) (igc) (Entered: 04/13/2004)

***END VOLUME 1 - Document Nos. 1-31 - Go to Volume 2*** (igc)

ORDER denying in part [28-1] motion for protective order ( Signed by Magistrate Judge David A. Baker ) ctc (igc) (Entered: 04/16/2004)

EMERGENCY UNOPPOSED MOTION by United States Equal to consolidate their response to defendant's motion for summary judgment & to exceed page limitation on plaintiffs' consolidated response (EMERGENCY - UNOPPOSED) (igc) Modified on 04/19/2004 (Entered: 04/19/2004)

ORDER granting [41-1] consent motion to consolidate their response to defendant's motion for summary judgment &, granting [41-2] consent motion to exceed page limitation on plaintiffs' consolidated response - allowing a response of a total of 35 pages. ( Signed by Judge John Antoon II ) ctc (igc) (Entered: 04/20/2004)

NOTICE of filing deposition of Ted Maines - Volume II - by Federal Express (igc) (Entered: 04/22/2004)

DEPOSITION of Ted Maines by Federal Express re: [33-1] motion for summary judgment (Transcript filed separately) (igc) (Entered: 04/22/2004)

RESPONSE by United States Equal in opposition to [33-1] motion for summary judgment (Exhibits filed separately) (igc) (Entered: 04/23/2004)

NOTICE of filing depositions in support of response to motion for summary judgment by United States Equal, Ted Maines (igc) Modified on 04/23/2004 (Entered: 04/23/2004)

DEPOSITION (Volume I) of Ted Maines by United States Equal, Ted Maines re: [45-1] opposition response (Transcript file separately) (igc) Modified on 04/23/2004 (Entered: 04/23/2004)

DEPOSITION (Volume II) of Ted Maines by United States Equal, Ted Maines re: [45-1] opposition response (Transcript filed separately) (igc) (Entered: 04/23/2004)

DEPOSITION of Karen Ings by United States Equal, Ted Maines re: [45-1] opposition response (Transcript filed separately) (igc) (Entered: 04/23/2004)

NOTICE of filing deposition in support of motion for summary judgment by Federal Express (igc) Modified on 04/26/2004 (Entered: 04/26/2004)

DEPOSITION of Ted Maines by Federal Express re: [33-1] motion for summary judgment (Transcript filed separately) (igc) (Entered: 04/26/2004)

NOTICE of filing supplemental authority by Federal Express re: [29-1] opposition memorandum (STRICKEND & RETURNED TO COUNSEL PER ORDER DATED 5/4/04 - DOCUMENT NO. 53) (igc) Modified on 05/04/2004 (Entered: 04/29/2004)

ORDER striking [52-1] notice & returning document to counsel. ( Signed by Judge John Antoon II on 5/3/04 ) ctc (igc) (Entered: 05/04/2004)

ORDER denying [27-1] motion for leave to seek punitive damages under the Florida Whistleblower Act ( Signed by Judge John Antoon II ) ctc (igc) (Entered: 05/13/2004)

ORDER referring motion for report and recommendations. Motions referred: [33-1] motion for summary judgment referred to Magistrate Judge David A. Baker (signed by Judge John Antoon II ) ctc (igc) (Entered: 06/09/2004)

***END VOLUME 2 - Document Nos. 32-55 - Go To Volume 3*** (igc)

JOINT PROPOSED jury instructions & Verdict Form by United States Equal, Federal Express, Ted Maines (igc) Modified on 06/30/2004 (Entered: 06/30/2004)

JOINT PROPOSED voir dire questions by United States Equal, Ted Maines (igc) (Entered: 06/30/2004)

JOINT PRETRIAL STATEMENT. (igc) (Entered: 06/30/2004)

JOINT MOTION by United States Equal, Federal Express, Ted Maines for permission to bring cellular phones, laptop computer, projection & portable screen & accessory equipment into courthouse with trial & final pretrial matters in connection with this action (Joint Motion) (igc) Modified on 07/02/2004 (Entered: 07/01/2004)

CONSOLIDATED MOTIONS by United States Equal with memorandum in support in limine seeking an Order excluding certain evidence from the jury trial (igc) (Entered: 07/01/2004)

TRIAL BRIEF by United States Equal (igc) (Entered: 07/01/2004)

PROPOSED voir dire questions by Federal Express (igc) (Entered: 07/02/2004)

MOTION by Federal Express in limine to exclude matters that are inadmissable, irrelevant, or prejudicial to the material issues in this case (igc) (Entered: 07/02/2004)

***END VOLUME 3 - Document Nos. 56-63 - Go To Volume 4*** (igc)

MOTION for Extension of Time to File Response to Plaintiff's Consolidated Motions in Limine by Federal Express Corporation. (O'Gorman, Daniel) (Entered: 07/14/2004)

CONSOLIDATED RESPONSES in opposition re 63 Motion in limine filed by Ted Maines, United States Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Excerpts from Ted Maines' Deposition# 2 Exhibit Excerpts from Karen Ings' Deposition# 3 Exhibit Excerpts from Eddie Jenkins' Deposition# 4 Exhibit Excerpts from Lex (Carmon) Lannom's Deposition# 5 Exhibit Excerpts from Diane Mattman's Deposition)(Wedmore, Andrew) Modified on 7/15/2004 (IGC) (Entered: 07/15/2004)

2 Exhibit Excerpts from Ted Maines' Deposition

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3 Exhibit Excerpts from Karen Ings' Deposition

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4 Exhibit Excerpts from Eddie Jenkins' Deposition

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5 Exhibit Excerpts from Lex Lannom's Deposition

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6 Exhibit Excerpts from Diane Mattman's Deposition

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The Court GRANTS Defendant Federal Express Corp.'s Unopposed Motion for Extension of Time to File Response to Plaintiffs' Consolidated Motions in Limine (Doc. No. 64).Signed by Judge John Antoon II on 7/16/2004. (ew) (Entered: 07/16/2004)

RESPONSE to motion re 60 Motion in limine filed by Federal Express Corporation. (Attachments: # 1 Exhibit deposition transcript of Eddie Jenkins)(O'Gorman, Daniel) Modified on 7/20/2004 (IGC). (Entered: 07/20/2004)

2 Exhibit depo transcript

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REPORT AND RECOMMENDATIONS - recommending that motion be Denied re 33 Motion for summary judgment filed by Federal Express Corporation. Signed by Judge David A. Baker on 7/30/2004. (ESC) Modified on 8/2/2004 (IGC). (Entered: 07/30/2004)

OBJECTION to 68 Report and Recommendations by Federal Express Corporation. (O'Gorman, Daniel) (Entered: 08/16/2004)

ORDER granting 59 Motion to allow cellular telephones and laptop computers for use at pretrial and trial commencing September 2004. Signed by Judge John Antoon II on 8/24/2004. (DJD, ) (Entered: 08/26/2004)

RESPONSE to 69 objections to 68 Report and Recommendations filed by Defendant by Ted Maines, United States Equal Employment Opportunity Commission. (Gillespie, Kenneth) Modified on 8/30/2004 (JET). (Entered: 08/27/2004)

TRIAL CALENDAR for trial term September '04. Signed by Judge Anne C. Conway on 9/1/2004. (SAF) (Entered: 09/01/2004)

Joint MOTION to continue jury trial (Expedited Motion) by Ted Maines. (Wedmore, Andrew) (Entered: 09/02/2004)

ORDER granting 73 Motion to continue trial. Trial is continued to the OCTOBER 1, 2004 TRIAL DOCKET . Signed by Judge John Antoon II on 9/9/2004. (EMW) (Entered: 09/09/2004)

TRIAL CALENDAR for October '04 trial term before Judge Anne C. Conway. (SAF) (Entered: 09/24/2004)

NOTICE of unavailability of counsel by Federal Express Corporation from September 24, 2004 to November 15, 2004. (Attachments: # 1 Exhibit)(O'Gorman, Daniel) (Entered: 09/24/2004)

2 Exhibit

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AMENDED TRIAL CALENDAR for October '04 trial term before Judge Anne C. Conway.(SAF) (Entered: 09/28/2004)

NOTICE of Hearing: Evidentiary Hearing on Defendant's Notice of Unavailability and Unopposed Motion for Continuance set for 10/7/2004 at 02:00 PM in Courtroom 4 before Judge John Antoon II. (DJD, ) (Entered: 09/30/2004)

NOTICE canceling Evidentiary hearing scheduled for 10/7/2004 (DJD, ) (Entered: 09/30/2004)

ORDER : This cause is before the court on the Notice of Unavailability 76. The Court notes that the filing is improper in that it does not comply with Local Rule 3.01. To the extent the Notice seeks a continuance of trial, the motion is denied. This case shall remain on the trial docket of The Honorable John Antoon and shall remain as well on the October trial docket of the undersigned. Counsel shall be given as much notice as possible of the trial date. Signed by Judge Anne C. Conway on 9/30/2004. (Conway, Anne) (Entered: 09/30/2004)

APPEARANCE of non-resident counsel and designation of local counsel by Kay L. Wolf on behalf of Federal Express Corporation Local Counsel: Kay L. Wolf (Attachments: # 1 List of Courts Attorney Admitted# 2 Certificate of Good Standing)(Wolf, Kay) (Entered: 10/05/2004)

2 List of Courts Attorney Admitted

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3 Certificate of Good Standing

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PRO HAC VICE FEES paid and Special Admission Attorney Certification form filed by Jay L. Grytdahl appearing on behalf of Federal Express Corporation (Filing fee $10.00 receipt number 16383.) Balance due $0 (CEK) (Entered: 10/13/2004)

ORDER denying 33 Motion for summary judgment, adopting Report and Recommendations 68 . Signed by Judge John Antoon II on 10/12/2004. (EMW) (Entered: 10/13/2004)

APPEARANCE of non-resident counsel and designation of local counsel by Daniel P. O'Gorman on behalf of Federal Express Corporation Local Counsel: Daniel P. O'Gorman (O'Gorman, Daniel) (Entered: 10/22/2004)

APPEARANCE of non-resident counsel and designation of local counsel by Daniel P. O'Gorman on behalf of Federal Express Corporation Local Counsel: Daniel P. O'Gorman (O'Gorman, Daniel) (Dupllicate of document no. 84) (IGC). (Entered: 10/22/2004)

NOTICE by Federal Express Corporation of Substitution of Counsel for Federal Express Corporation (O'Gorman, Daniel) (Entered: 10/22/2004)

TRIAL CALENDAR for trial term November '04 for Judge Anne C. Conway. (SAF) (Entered: 10/27/2004)

NOTICE by Federal Express Corporation of Designation of Trial Counsel (O'Gorman, Daniel) (Entered: 11/10/2004)

NOTICE of unavailability of counsel by Federal Express Corporation from 12/6/04 to 12/7/04. (O'Gorman, Daniel) (Called Counsel on 11/19/04 to refile - pleading not signed) (IGC). (Entered: 11/18/2004)

AMENDED NOTICE of unavailability of counsel by Federal Express Corporation from 12/6/04 to 12/7/04. (O'Gorman, Daniel) Modified on 11/22/2004 (IGC). (Entered: 11/19/2004)

UNOPPOSED MOTION to substitute attorney Michael Farrell in place of Kenneth Gillespie by United States Equal Employment Opportunity Commission. (Farrell, Michael) Modified on 11/30/2004 (IGC). (Entered: 11/29/2004)

TRIAL CALENDAR for December '04 trial term before Judge Anne C. Conway. (SAF) (Entered: 11/29/2004)

ORDER granting 91 Motion to substitute attorney. . Signed by Judge David A. Baker on 11/30/2004. (Baker, David) (Entered: 11/30/2004)

NOTICE of Hearing: Final Pretrial Conference set for 12/7/2004 at 09:00 AM in Courtroom 4 before Judge John Antoon II. (DJD, ) (Entered: 12/02/2004)

AMENDED NOTICE of Hearing: Final Pretrial Conference reset for 12/8/2004 at 09:00 AM in Courtroom 4 before Judge John Antoon II. (DJD, ) (Entered: 12/02/2004)