Case: EEOC v. NORTHWEST AIRLINES, INC.

EEOC v. Northwest Airlines, Inc.

EEOC v. Northwest Airlines, Inc.

EEOC v. Northwest Airlines, Inc.

EEOC v. Northwest Airlines, Inc.

EEOC v. Northwest Airlines, Inc.

EEOC v. Northwest Airlines

No Court

EEOC v. Northwest Airlines, Inc.

EEOC v. Northwest Airlines, Inc.

EEOC v. Northwest Airlines, Inc.

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT pursuant to 28 USC 1331 (employment discrimination); (BAG) (Entered: 09/28/2000)

ANSWER and Affirmative Defenses by defendant Northwest Airlines to [1-1] (BAG) (Entered: 12/05/2000)

SETTING LETTER ; scheduling conference set for 9:00 2/14/01 (BAG) (Entered: 01/24/2001)

MOTION to intervene of Kevin Armstrong and Legal Authority in support thereof; (to intervene as party plaintiff) (BAG) (Entered: 01/26/2001)

ORDER by Judge Julia S. Gibbons granting motion to intervene of Kevin Armstrong [4-1]; Applicant Kevin Armstrong allowed to intervene as a party plaintiff and allowed to seek individual relief and damages as set forth in his motion; (cc: all counsel) (BAG) (Entered: 01/30/2001)

NOTICE OF FILING OF "Report of Parties' Planning Meeting" (BAG) (Entered: 02/01/2001)

Intervening Plaintiff's RULE 26(a) Initial Disclosures by Kevin Armstrong (BAG) (Entered: 02/12/2001)

MINUTES: ; scheduling conference 2/14/01. Rule 26(a)(1) disclosure ddl 2/26/01; Scheduling order to enter. Schedule set as follows; pla join parties 3/31/01; pla amend pleadings 3/31/01; discovery 10/15/01; pla experts 8/15/01; dft experts 9/15/01; dispositive/sumjgm motions 11/5/01; jury trial Tues 2/19/02; est trial length 3 days; dft join parties/amend pleadings 4/30/01. Settlement conf before mag judge around 9/1/01. Presiding Judge: Gibbons Atty: Deidre Smith, Joe L. Wyatt DFT Atty: Timothy Bland C/R: Mark Dodson (EHG) (Entered: 02/20/2001)

SCHEDULING ORDER 16(b) Judge Julia S. Gibbons ; ddl Rule 26 initial disclosures 2/26/01; ddl for pla to amend pleadings and to join additional parties 3/31/01; ddl for dft to amend pleadings and to join additional parties 4/30/01; discovery 10/15/01; pla's expert disclosures 8/15/01; dft's expert disclosures 9/15/01; filing potentially dispositive motions 11/15/01; trial set 2/19/02; 3 days to try; The magistrate judge will conduct a settlement conf around 9/1/01. (cc: all counsel) (EHG) (Entered: 02/21/2001)

SETTING LETTER settlement conference set for 10:00 9/4/01 before Mag Judge Allen (EHG) (Entered: 03/01/2001)

SETTING LETTER: jury trial set for 2/19/02 at 9:30: pretrial conference set for 2/8/02 at 9:15; pretrial order deadline set for 2/1/02 (BAG) (Entered: 05/17/2001)

MOTION by plaintiff EEOC for leave to modify Rule 16(b) Scheduling Order (BAG) (Entered: 08/14/2001)

MEMORANDUM by plaintiff EEOC in support of motion for leave to modify Rule 16(b) Scheduling Order [13-1] (BAG) (Entered: 08/14/2001)

ORDER Granting Plaintiff Equal Employment Opportunity Commission's Motion For Leave To Modify Rule 16(b) Scheduling Order by Judge Julia S. Gibbons granting motion for leave to modify Rule 16(b) Scheduling Order [13-1]; the ddl for pla's expert witness disclosure extended from 8/15/01 to 9/14/01 and the ddl for dft's expert witness disclosure extended from 9/15/01 to 10/15/01; Deadline for deposing dft's expert witness extended to 10/30/01; (cc: all counsel) (BAG) (Entered: 08/16/2001)

MOTION by defendant Northwest Airlines to stay discovery (BAG) (Entered: 08/30/2001)

MEMORANDUM by defendant Northwest Airlines in support of motion to stay discovery [16-1]; w/exhibits (BAG) (Entered: 08/30/2001)

JOINT MOTION by plaintiff, defendant for court order rescheduling settlement conference (set for 9/4/01) (BAG) (Entered: 08/30/2001)

ORDER GRANTING JOINT MOTION FOR COURT ORDER RESCHEDULING SETTLEMENT CONFERENCE by Judge Julia S. Gibbons granting motion for court order rescheduling settlement conference (set for 9/4/01) [18-1]; the settlement conference before Mag Judge Allen is hereby canceled. The parties are further ordered to notify the Court at such time that they believe that a settlement conference may be fruitful. (cc: all counsel) (YDS) (Entered: 09/04/2001)

RESPONSE by plaintiff EEOC in Opposition to defendants motion to stay discovery [16-1]; w/attachments (BAG) (Entered: 09/13/2001)

REPLY by defendant Northwest Airlines to plaintiff's response in opposition to defendant's motion to stay discovery re [20-1] (BAG) (Entered: 09/25/2001)

ORDER On Motion To Stay Discovery by Judge Julia S. Gibbons re [16-1]; The decision as to whether to transfer venue is one for the Minnesota court; Assuming for purposes of this motion that the Minnesota action is transferred here, a stay of discovery in this case is not warranted; The denial of the request to stay discovery is based on an assumption that the parties will in fact conclude discovery and will not ask for further extensions of the 10/15 date; If that assumption is incorrect, parties are directed to advise the court immediately; (cc: all counsel) (BAG) (Entered: 09/25/2001)

MOTION by plaintiff EEOC for leave to modify Rule 16(b) Scheduling Order (BAG) (Entered: 10/04/2001)

MEMORANDUM by plaintiff EEOC in support of motion for leave to modify Rule 16(b) Scheduling Order [23-1] (BAG) (Entered: 10/04/2001)

CERTIFICATE Of Consultation by plaintiff EEOC re [23-1] (BAG) (Entered: 10/04/2001)

RESPONSE by defendant Northwest Airlines to pla's motion for leave to modify Rule 16(b) Scheduling Order [23-1] (BAG) (Entered: 10/19/2001)

ORDER On Plaintiff Equal Employment Opportunity Commissioner's Motion For Leave To Modify Rule 16(b) Scheduling Order by Judge Julia S. Gibbons granting motion for leave to modify Rule 16(b) Scheduling Order [23-1]; The Scheduling Order entered 2/21/01 and modified 8/15/01 is further modified as follows: Pla's expert disclosures: 10/26/01; Dft's experts disclosures: 11/26/01; discovery ddl set 11/26/01, except for deposition of dft's expert witness; ddl for deposing dft's expert witness 12/7/01; motion filing ddl set 12/31/01; jury trial set for week of 4/22/02 (cc: all counsel) (BAG) (Entered: 10/29/2001)

JOINT MOTION and Memorandum by plaintiff, defendant, intervenor plaintiff for leave to take depositions out of time (between 11/26/01 and 12/7/01) (BAG) (Entered: 11/19/2001)

ORDER Granting Joint Motion To Take Depositions Out Of Time by Judge Julia S. Gibbons granting motion for leave to take depositions out of time (between 11/26/01 and 12/7/01) [28-1]; (depositions of Mark Williams, Dr. Lisa Myers, Dr. Kevin O'Connell, Dr. David Zanick & Dr. Marvin Levin) (cc: all counsel) (BAG) (Entered: 11/20/2001)

MOTION by plaintiff EEOC to compel discovery , and for extension of 30 days to supplement its discovery responses (BAG) (Entered: 11/27/2001)

CERTIFICATE of Consultation by plaintiff EEOC re [30-1],[30-2] (BAG) (Entered: 11/27/2001)

MOTION by defendant Northwest Airlines for extension of time to produce an expert economist report (BAG) (Entered: 11/27/2001)

Defendant's Expert Witness Disclosure of Dr. Kevin O'Connell (RULE 26 Disclosures) by Northwest Airlines (BAG) (Entered: 11/27/2001)

Defendant's Expert Witness Disclosure of Dr. Alan J. Garber (RULE 26 Disclosures) by Northwest Airlines (BAG) (Entered: 11/27/2001)

Defendant's Expert Witness Disclosure of Dr. David Zanick (RULE 26 Disclosures) by Northwest Airlines (BAG) (Entered: 11/27/2001)

Defendant's Expert Witness Disclosure of David Cisnel (RULE 26 Disclosures) by Northwest Airlines (BAG) (Entered: 11/27/2001)

MOTION and MEMORANDUM by defendant Northwest Airlines to compel against Kevin Armstrong (BAG) (Entered: 11/27/2001)

MOTION and MEMORANDUM by defendant Northwest Airlines to compel against the EEOC (BAG) (Entered: 11/27/2001)

MOTION and MEMORANDUM by defendant Northwest Airlines for leave to take deposition of Debbie Lemkhuel out of time (BAG) (Entered: 11/27/2001)

SETTING LETTER : joint proposed pretrial order deadline set for 4/5/02 : pretrial conference set for 4/12/02 at 9:15 : jury trial set for 4/22/02 at 9:30 (YDS) (Entered: 11/30/2001)

AMENDED MOTION by defendant Northwest Airlines for leave to take deposition of Debbie Lahmkuhl out of time and Memorandum (YDS) (Entered: 12/03/2001)

NOTICE OF FILING OF Dr. Alan Garber's prior testimony by defendant Northwest Airlines (BAG) (Entered: 12/04/2001)

ORDER Granting Defendant's Amended Motion To Take Deposition Of Debbie Lahmkuhl Out Of Time by Judge Julia S. Gibbons granting motion for leave to take deposition of Debbie Lahmkuhl out of time [42-1]; Dft granted through and including 12/11/01 to depose Debbie Lahmkuhl; (cc: all counsel) (BAG) (Entered: 12/05/2001)

ORDER Of Reference by Judge Julia S. Gibbons referring to Mag Judge James H. Allen the motion to compel against Kevin [38-1]; Any exceptions to mag judge's order shall be made by motion w/in 10 days of the order; All exceptions shall be stated w/particularity; (cc: all counsel) (BAG) (Entered: 12/05/2001)

ORDER Of Reference by Judge Julia S. Gibbons referring to Mag Judge James H. Allen the motion to compel against the EEOC; Any exceptions to mag judge's order shall be made by motion w/in 10 days of the order; All exceptions shall be stated w/particularity; (cc: all counsel) (BAG) (Entered: 12/05/2001)

ORDER Of Reference by Judge Julia S. Gibbons referring to Mag Judge James H. Allen the motion to compel discovery [30-1]; Any exceptions to mag judge for a determination; Any exceptions to mag judge's order shall be made by motion w/in 10 days of the order; All exceptions shall be stated w/particularity; (cc: all counsel) (BAG) (Entered: 12/06/2001)

ORDER On Defendant's Motion To Take Deposition Of Debbie Lemkhuel Out Of Time by Judge Julia S. Gibbons denying motion for leave to take deposition of Debbie Lahmkuhl out of time [42-1]; The motion is denied for failure to comply w/Local Rule 7.2(a)(1)(B) which requires in part a certificate of consultation for motions of this type; Dft may renew motion after complying w/this requirement; (cc: all counsel) (BAG) (Entered: 12/06/2001)

ORDER Of Reference by Judge Julia S. Gibbons referring to Mag Judge James H. Allen the motion for extension of 30 days to supplement its discovery responses [30-2]; Any exceptions to mag judge's order shall be made by motion w/in 10 days of the order; All exceptions shall be stated w/particularity; (cc: allo counsel) (BAG) (Entered: 12/06/2001)

RESPONSE in Opposition by plaintiff EEOC to dft's motion to compel against the EEOC [39-1] (BAG) (Entered: 12/11/2001)

MOTION by defendant Northwest Airlines for protective order (regarding confidential and/or proprietary information...) (BAG) (Entered: 12/12/2001)

MEMORANDUM by defendant Northwest Airlines in support of order [5-1] (BAG) (Entered: 12/12/2001)

RESPONSE by defendant Northwest Airlines to plaintiff's motion to compel discovery [30-1], to motion for extension of 30 days to supplement its discovery responses [30-2]; w/exhibits (BAG) (Entered: 12/12/2001)

RESPONSE by intervenor plaintiff Kevin Armstrong to dft's motion to compel against Kevin Armstrong [38-1] (BAG) (Entered: 12/13/2001)

ORDER Of Reference by Judge Julia S. Gibbons referring to Mag Judge James H. Allen the dft's motion for protective order [51-1]; Any exceptiosn to mag judge's order shall be made by motion w/in 10 days of order; All exceptions shall be stated w/particularity; (cc: all counsel) (BAG) (Entered: 12/14/2001)

MINUTES: Motion hearing held 12/14/01; Dft's request for production #8 & 9; #8 Court directed there by a chart as outlined by Mr. Bland; #9 EEOC's request for a list of swits filed under ADA from 1998 to present; Language change- Parties to submit a Proposed Order; EEOC directed to file supplement in light of today's presentation; Presiding Judge: James H. Allen; PLA Atty: Kores/Smith/Wyatt; DFT Atty: Gerson/Bland; C/R: Brenda Smith; (BAG) (Entered: 12/17/2001)

NOTICE OF FILING OF Defendant's Disclosure of prior testimony of Dr. Kevin O'Connell by defendant Northwest Airlines (BAG) (Entered: 12/20/2001)

Renewal of MOTION and Memorandum by defendant Northwest Airlines for extension of time to produce an expert economist report (BAG) (Entered: 12/21/2001)

ORDER GRANTING RENEWAL OF DEFENDANT'S MOTION FOR EXTENSION OF TIME TO PRODUCE AN EXPERT ECONOMIST REPORT by Judge Julia S. Gibbons ..dft shall be allowed 15 days to produce an expert report for David Ciscel after receipt of calculations of alleged damages from both EEOC and Armstrong. [58-1], [33-1] (cc: all counsel) (EHG) (Entered: 12/26/2001)

MOTION AND MEMORANDUM by defendant Northwest Airlines to exceed page limitation (EHG) (Entered: 12/31/2001)

MOTION by defendant Northwest Airlines for summary judgment; w/exhibits (exhibits placed in separate folder- doc. # 61-A) (BAG) (Entered: 01/02/2002)

MEMORANDUM by defendant Northwest Airlines in support of motion for summary judgment [61-1]; w/attachment (BAG) (Entered: 01/02/2002)

STATEMENT of material facts by defendant Northwest Airlines in support of motion for summary judgment [61-1] (BAG) (Entered: 01/02/2002)

MOTION and Memorandum by defendant Northwest Airlines for leave to to seal confidential video tapes (BAG) (Entered: 01/02/2002)

ORDER Granting Motion To Exceed Page Limitation by Judge Julia S. Gibbons granting motion to exceed page limitation [60-1]; Dft's memorandum in support of its motion for summary judgment may exceed page limit set forth in local rule 7.2(e), but may not exceed 30 pages; (cc: all counsel) (BAG) (Entered: 01/03/2002)

ORDER Granting Defendant's Motion To Seal Confidential Video Tapes by Judge Julia S. Gibbons granting motion for leave to to seal confidential video tapes [64-1]; Video tapes confidentially submitted by dft to the Judge are hereby sealed; (sealed video tapes placed in vault) (cc: all counsel) (BAG) (Entered: 01/03/2002)

NOTICE OF FILING OF "additional exhibits to defendant's motion for summary judgment by defendant Northwest Airlines (exhibits placed in separate folder) (BAG) (Entered: 01/04/2002)

MOTION by plaintiff EEOC to exceed page limitation re response in opposition to motion for summary judgment (YDS) (Entered: 01/07/2002)

TRANSCRIPT of proceedings for the following date(s): 12/14/01 of Proceedings before Mag Judge Allen; Volumes 1 (orig); Court Reporter: Brenda Parker; (document placed in separate folder) (BAG) (Entered: 01/08/2002)

ORDER Granting Plaintiff Equal Employment Opportunity Commission's Motion To Exceed Page Limit by Judge Julia S. Gibbons granting pla's motion to exceed page limitation re response in opposition to motion for summary judgment [68-1]; Commissioner's memorandum in support of its response ... may exceed page limit ... but may not exceed 30 pages; (cc: all counsel) (BAG) (Entered: 01/08/2002)

ORDER Granting Defendant's Motion To Compel (EEOC) by Mag Judge James H. Allen granting dft's motion to compel against the EEOC [39-1]; Pla EEOC ORDERED to provide information requested by Northwest w/in 15 days of receipt of the above personnel information; (cc: all counsel) (BAG) (Entered: 01/10/2002)

ORDER Granting Defendant's Motion To Compel (Armstrong) by Mag Judge James H. Allen granting dft's motion to compel against Kevin Armstrong [38-1]; Pla Armstrong ORDERED to provide the information requested by dft w/in 15 days of receipt of personnel information; This information may be shared by the EEOC, provided there is a clear understanding on the part of Armstrong and his counsel of provisions of the Protective Order; (cc: all counsel) (BAG) (Entered: 01/10/2002)

ORDER On Plaintiff Equal Employment Opportunity Commission's Motion To Compel Discovery And For Extension Of 30 Days To Supplement Its Discovery Responses by Mag Judge James H. Allen granting EEOC's motion to compel discovery [30-1], granting motion for extension of 30 days to supplement its discovery responses [30-2]; Following entry of protective order, dft shall respond, to the extent previously agreed upon by EEOC and dft, to Interrogatory No. 18 & Request for Production No. 3; EEOC shall have 15 days following receipt of information described herein soley for purpose of supplementing its written discovery responses to reflect information received from dft; exhibit attached; (cc: all counsel) (BAG) (Entered: 01/10/2002)

PROTECTIVE ORDER by Mag Judge James H. Allen: granting dft's motion for protective order [51-1]; Upon motion, for cause shown, the Court orders all otherwise discoverable proprietary or non-public documents, things and employment records pertaining to individuals other than pla-intvp Armstrong designated as confidential shall be under protective ordet and kept strictly confidential; If potential witness is shown documents protected by this Protective Order, that person shall be advised by counsel of this Order, and its meaning and purpose and agrees to maintain confidentiality of documents or thing; Counsel shall advise respective clients of obligations imposed by terms of the Order; ...it is ordered that any confidential information ... produced by either of parties in response to discovery requests ... may be judiciously marked as "confidential"; (cc: all counsel) (BAG) (Entered: 01/10/2002)

MEMORANDUM by intervenor plaintiff Kevin Armstrong in opposition to defendant's motion for summary judgment [61-1]; w/attachments (BAG) (Entered: 02/05/2002)

STATEMENT of material facts by intervenor plaintiff Kevin Armstrong in support of [76-1] (BAG) (Entered: 02/05/2002)

RESPONSE IN OPPOSITION TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT by plaintiff EEOC to motion for summary judgment; [61-1] (EHG) (Entered: 02/05/2002)

RESPONSE TO DEFENDANT'S STATEMENT OF MATERIAL FACTS IN SUPPORT OF DEFENDANT'S MOTION FOR SUMMARY JUDGMENT by plaintiff EEOC to [63-1] w/Exhibits; (Document placed in separate folder) (EHG) (Entered: 02/05/2002)

REPLY to intervening pla's memorandum in opposition to dft's motion for summary judgment by defendant Northwest Airlines re [76-1] (BAG) (Entered: 02/26/2002)

REPLY to pla's memorandum in opposition to dft's motion for summary judgment by defendant Northwest Airlines re [79-1]; w/attachments (BAG) (Entered: 02/26/2002)

UNOPPOSED MOTION and Memorandum by defendant Northwest Airlines for court order canceling settlement conf (currently set for 3/11/02) (BAG) (Entered: 03/04/2002)

ORDER by Mag Judge James H. Allen granting motion for court order canceling settlement conf (currently set for 3/11/02) [83-1] settlement conf set for 3/11/02 will be re-scheduled. (cc: all counsel) (EHG) (Entered: 03/07/2002)

SETTING LETTER settlement conference REset for 10:00 4/24/02 before Mag Judge Allen (EHG) (Entered: 03/07/2002)

MOTION by defendant Northwest Airlines to strike testimony of plaintiff EEOC's expert witness Marvin E. Levin, M.D. from consideration in relation to motion for summary judgment and Memorandum (YDS) (Entered: 03/07/2002)

ORDER On Unopposed Motion For Court order Canceling Settlement Conference by Judge Julia S. Gibbons re [83-1] For cause shoen, Mag Allen's office may postpone the 3/11/02 settlement conf. currently scheduled until after disposition of pending summary judgment motion; (cc: all counsel) (BAG) (Entered: 03/11/2002)

MOTION and Memorandum by defendant Northwest Airlines to continue trial and other pre-trial matters (BAG) (Entered: 03/13/2002)

RESPONSE by plaintiff EEOC in opposition to dft's motion to strike testimony of plaintiff EEOC's expert witness Marvin E. Levin, M.D. from consideration in relation to motion for summary judgment [86-1]; w/exhibits (document placed in separate folder) (BAG) (Entered: 03/22/2002)

UNOPPOSED MOTION by plaintiff EEOC for leave to extend the deadline for providing calculations for damages (BAG) (Entered: 03/27/2002)

MEMORANDUM by plaintiff EEOC in support of motion for leave to extend the deadline for providing calculations for damages [90-1] (BAG) (Entered: 03/27/2002)

CERTIFICATE Of Consultation by plaintiff EEOC re [90-1] (BAG) (Entered: 03/27/2002)

ATTORNEY APPEARANCE for plaintiff EEOC by Faye A. Williams (BAG) (Entered: 04/01/2002)

RESPONSE and Memorandum in Opposition by plaintiff EEOC to defendant Northwest Airlines' motion to continue trial and other pre-trial matters [88-1] (BAG) (Entered: 04/01/2002)

REPLY by defendant Northwest Airlines to EEOC's response in opposition to defendant's motion to strike EEOC's expert witness Marvin E. Levin, M.D. from consideration in relation to motion for summary judgment re [89-1] (BAG) (Entered: 04/01/2002)

ORDER GRANTING MOTION TO CONTINUE TRIAL AND OTHER PRETRIAL MATTERS by Judge Julia S. Gibbons granting motion to continue trial and other pre-trial matters [88-1] ; Pretrial conference not held 4/9/02 ; Jury trial not held 4/9/02 The court will reset the trial and notice will be sent to the parties of the new dates. (cc: all counsel) (PWM) (Entered: 04/09/2002)

SETTING LETTER: jury trial set for 8/19/02 at 9:30: pretrial conference set for 8/9/02 at 1:45: pretrial order ddl set for 8/2/02 (resetting from 4/22/02) (BAG) (Entered: 05/14/2002)

NOTICE OF FILING OF "Slip Opinion in Chevron USA v. Echazabal" by defendant Northwest Airlines (BAG) (Entered: 06/12/2002)

ADMINISTRATIVE ORDER No. 02-11 by Chief Judge James D. Todd Case reassigned to Judge Samuel H. Mays Jr. (cc: all counsel) (BAG) (Entered: 06/19/2002)

UNOPPOSED MOTION by plaintiff EEOC and supporting Memorandum for leave to file supplemental memorandum (BAG) (Entered: 06/21/2002)

CERTIFICATE of Consultation by plaintiff EEOC re [101-1] (BAG) (Entered: 06/21/2002)

ORDER Granting Motion For Permission To File Supplemental Memorandum by Judge Samuel H. Mays Jr. granting EEOC's motion for leave to file supplemental memorandum [101-1]; (cc: all counsel) (BAG) (Entered: 06/25/2002)

SUPPLEMENTAL MEMORANDUM by plaintiff EEOC (submitting to explain the significance of Chevron USA v. Exchazabal...) (BAG) (Entered: 06/25/2002)

SETTING LETTER: Jury Trial set 8/19/02 at 9:30; pretrial conference set for 8/9/02 at 2:00; Joint pretrial Order due 8/2/02; (BAG) (Entered: 06/26/2002)