Case: EEOC v. Bass Pro Outdoor World, LLC.

4:11-cv-03425 | U.S. District Court for the Southern District of Texas

Filed Date: Sept. 21, 2011

Case Ongoing

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Case Summary

On September 21, 2011, the Equal Employment Opportunity Commission (EEOC) filed this lawsuit against Bass Pro Outdoor World in the United States District Court for the Southern District of Texas. The plaintiff brought the lawsuit for alleged violations of Title VII of the Civil Rights Act of 1964. Specifically, the EEOC alleged that since November of 2005 Bass Pro engaged in a nationwide pattern or practice of denying employment to qualified Black and Hispanic applicants for hourly and salarie…

On September 21, 2011, the Equal Employment Opportunity Commission (EEOC) filed this lawsuit against Bass Pro Outdoor World in the United States District Court for the Southern District of Texas. The plaintiff brought the lawsuit for alleged violations of Title VII of the Civil Rights Act of 1964. Specifically, the EEOC alleged that since November of 2005 Bass Pro engaged in a nationwide pattern or practice of denying employment to qualified Black and Hispanic applicants for hourly and salaried positions and that it retaliated against employees who opposed actions they perceived as unlawful or who otherwise complained or reported such incidents (including but not limited to sexual harassment and gender discrimination). The EEOC also alleged that Bass Pro destroyed or failed to preserve relevant records in violation of Section 709(c) of Title VII, 42 U.S.C. § 2000e-8(c), such as employment applications, personnel files, tests, lists of job candidates, and efforts to contact the corporate complaint center. The EEOC sought back pay, economic compensation, compensation for emotional suffering, punitive damages, and reinstatement of behalf of those affected. It also sought injunctions to end the allegedly discriminatory and retaliatory practices and to create and preserve records in compliance with the Civil Rights Act. Unusually, for the EEOC, the lawsuit was based on a "Commissioner's Charge" rather than a complaint by an employee. The case was assigned to Judge Keith Ellison.

Bass Pro responded to the EEOC's 9-page complaint on January 5, 2012 with a motion to dismiss complaint under Rule 12(b)(6) of the Federal Rules of Procedure for failure to state a claim upon which relief can be granted. On January 26, 2012, the EEOC filed a 12-page amended complaint giving more factual detail for its allegations, such as statistics on the number of Black and Hispanic managers and another instance of retaliation. In this complaint the EEOC also added Bass Pro, Inc. (BPI), and Tracker Marine, LLC (Tracker), as defendants. Because the EEOC had filed a new complaint, Judge Ellison denied Bass Pro's motion to dismiss the original complaint as moot. On March 5, 2012, Bass Pro filed a new motion to dismiss seeking, among other things, not only dismissal of all claims based on a failure to state a claim on which relief could be granted, but also to have the claims against Tracker and Bass Pro, Inc. dismissed on jurisdictional and procedural grounds.

On May 31, 2012, the court granted Bass Pro's motion in part, giving the EEOC leave to amend the complaint. 884 F.Supp.2d 499 (S.D. Tex. 2012). The court found that the EEOC had made sufficient allegations to state the recordkeeping claim. Because the EEOC had not identified even one particular individual for its retaliation claim, that claim was dismissed with leave to amend. The court ruled that the 300-day limitation (barring suits for conduct that occurred more than 300 days before a charge is filed with the EEOC) applied to both claims under § 706 and claims under § 707 (pattern or practice). The court also ruled that the EEOC could not proceed on a hybrid § 706 and § 707 claim--pattern or practice claims could not be brought under § 706, and the EEOC had to provide sufficient allegations for each type of claim. For those reasons the court restricted the EEOC's claims to those that fell within February 2007 and April 2010 and dismissed the EEOC's discriminatory hiring claims because the statistics on managers did not plausibly suggest a pattern or practice of hiring discrimination for the wider category of salaried and hourly positions, as opposed to just manager positions.

The EEOC filed a 247-page second amended complaint on July 20, 2012. The complaint greatly elaborated the factual details of the claims. The most notable additions were as follows: connecting the behavior of store lower-level management to a profile allegedly established by the owner of the companies at a meeting of Store General Managers, listing a total of 201 individuals (184 Black and 18 Hispanic) covering a range of states who were denied employment with details of their application efforts, identifying 5 targets of retaliation and narrating their attempts to complain about or correct unlawful activity, and providing statistic data from 24 stores across the country on the number of total Black and Hispanic employees as well as store-specific comparisons of percentages of Black and Hispanic Bass Pro employees to the percentage of Black and Hispanic employees in the county respectively (the comparisons involved manager and non-manager positions). The complaint did not explicitly differentiate §706 claims from §707 claims. The complaint also addressed jurisdictional issues.

Bass Pro filed another motion to dismiss for failure to state a claim on August 24, 2012. On October 25, 2012, the court dismissed the claims against BPI for lack of jurisdiction but deferred deciding jurisdiction over Tracker because Bass Pro had misidentified Tracker Marine Retail, LLC, as Tracker Marine and the EEOC hadn't had a full opportunity for discovery to establish jurisdiction. 2012 WL 13040407.

On March 18, 2013, the court granted Bass Pro's motion to dismiss in part, with leave to amend. Noting that the allegations did not constitute a prima facie case of discriminatory hiring under § 706, the court found them sufficient to state the claim. The court held the combination of statistics and anecdotes to be sufficient to state a §707 pattern or practice claim. The court dismissed retaliation claims for 2 of the 5 individuals. The record-keeping claim was still valid. 2013 WL 1124063.

The EEOC filed a third amended complaint on April 15, 2013 adding details for the retaliation claims that had been dismissed. On May 15, 2013, Bass Pro filed its response and a motion for summary judgment. The EEOC subsequently filed a motion for partial summary in its own favor, arguing that it had satisfied its duty to engage in conciliation before bringing a suit and that the court should not rule on that issue. On October 2, 2013, the court denied the plaintiff’s motion for partial summary judgment, holding that the issue was reviewable. 2013 WL 5515345.

On June 13, 2014, the EEOC filed its fourth amended complaint, correcting the name of one of the defendants. Because this was the only change, the parties agreed that the fourth amended complaint did not render Bass Pro’s motion for summary judgment moot. On July 30, 2014, the court denied this motion, reconsidering its denial of the EEOC’s motion for summary judgment and finding that the EEOC did meet the statutory requirements of conciliation. 35 F.Supp.3d 836. On November 17, 2014, the court allowed Bass Pro to file an interlocutory appeal. 2014 WL 6453606. Bass Pro appealed the July 30 order to the U.S. Appellate Court for the Fifth Circuit on February 10, 2015. The district court chose not to stay discovery pending the appeal.

On May 8, 2017, the Fifth Circuit affirmed the lower court’s decision to deny Bass Pro’s motion for summary judgment. 826 F.3d 791. The panel was made up of Judge Patrick Higginbotham, Judge Stephen Higginson, and Judge Leslie Southwick.

On July 24, 2017, the parties reached a settlement agreement, and the court entered a consent decree the next day. The consent decree required Bass Pro to reform its recruitment and hiring practices, provide anti-discrimination training, create an Office of Diversity and Inclusion, and pay a total of $10,500,000.00 to be distributed among the qualified Black and Hispanic applicants who had been denied employment at any of its stores nationwide. Pro Bass also had to report back to the EEOC. The consent decree was to be in effect for forty-two months (or three and a half years) after its date of entry, during which the court would retain jurisdiction.

In September 2017, the court granted a motion to extend the deadlines for Bass Pro having to complete certain tasks. As of April 20, 2020, there are no further entries in the docket since then, which suggests that the parties have been compliant with the consent decree so far. The court will presumably continue to retain jurisdiction until January 2021, when the consent decree expires.

Summary Authors

Kenneth Gray (6/20/2013)

Rebecca Strauss (7/9/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4398825/parties/equal-employment-opportunity-commission-v-bass-pro-outdoor-world-llc/


Judge(s)
Attorney for Plaintiff

Abel, Natasha L. (Texas)

Adams, Raechel L. (Texas)

Adewale-Mendes, Rose (Texas)

Alfred-George, Pamela A (Texas)

Altmeyer, Helen Campbell (Texas)

Attorney for Defendant
Judge(s)

Ellison, Keith P. (Texas)

Attorney for Plaintiff

Abel, Natasha L. (Texas)

Adams, Raechel L. (Texas)

Adewale-Mendes, Rose (Texas)

Alfred-George, Pamela A (Texas)

Altmeyer, Helen Campbell (Texas)

Anderson, Suzanne M (Texas)

Anderson, Kenneth P. (Texas)

Andre, Beatriz Biscardi (Texas)

Andrew, Regina Maria (Texas)

Arendes, Jennifer L. (Texas)

Attorney, Prim F. (Texas)

AUSA, James J. (Texas)

AUSA, Owen C.J. (Texas)

Awad, Wasan (Texas)

Backhaus, William C (Texas)

Bailey, Terri Hearn (Texas)

Banks, Oshia (Texas)

Bannon, Jeffrey C (Texas)

Baran, Andrea G. (Texas)

Barrett, Mason D (Texas)

Batog, Konrad (New York)

Bean, Julie Steptoe (Texas)

Beck, Terry L. (Texas)

Bell, Charles T. (Texas)

Biltekoff, Judith Ann (Texas)

Biscardi-Andre, Beatriz (Texas)

Bissell, Katherine (Texas)

Boutchee, Kathy D (Texas)

Bowne, Timothy M. (Texas)

Burnside, Tina M. (Texas)

Burstein, Jeffrey Charles (Texas)

Butler, Michelle T. (Texas)

Cadle, Delia Dianna (Texas)

Caiola, Michelle Anne (Texas)

Calhoun, June Wallace (Texas)

Call, Gary L. (Texas)

Canino, Robert A (Texas)

Carrillo, Gina E (Texas)

Chahbazi, Meenoo (Texas)

Chandy, Sunu P. (Texas)

Che, May R (Texas)

Chen, Mark H (Texas)

Chesnin, Sidney B (Texas)

Cheung, Raymond T. (Texas)

Clark, Joel Philip (Texas)

Cohen, Ethan M (Texas)

Cole, Holly Waldron (Texas)

Coleman, Charles Franklin (Texas)

Cook, Terrence R. (Texas)

Cooper, Ronald S (Texas)

Costas, Toby W (Texas)

Cox, Lisa Ann (Texas)

Crook, Debra Hawes (Texas)

Crout, Joseph M. (Texas)

Curtin, Nora Ellen (Texas)

Davis, Chandra Cain (Texas)

Dawkins, Robert K. (Texas)

DeCamp, Aaron Rutledge (Texas)

Deck, Dayna F. (Texas)

Denig, Jessica A (Texas)

Dills, Steven W. (Texas)

Dixon, Pamela (Texas)

Dominguez, Leticia (Texas)

Dreiband, Eric S (Texas)

Dreilinger, Lauren Gayle (Texas)

Driscoll-MacEachron, James P (Texas)

Dubey, Devika S (Texas)

Duckett, Lakisha C. (Texas)

Edge, Dawn M. (Texas)

Elkin, Laurie S. (Texas)

Esparza-Cervantes, Elizabeth (Texas)

Farrell, Michael J (Texas)

Feldman, Laura R (Texas)

Fiorito, Bradley S. (Texas)

Fischer, Kurt S (Texas)

Flores, Carmen (Texas)

Foslid, Kristen Marie (Texas)

Fox, Rosemary J (Texas)

Garcia-Bautista, Lorena (Texas)

Gatlin, Connie Wilhite (Texas)

Gochanour, Gregory M (Texas)

Goldman, Tanya L. (Maryland)

Golson, Aarrin Benatra (Texas)

Graham, Nancy Eleanor (Texas)

Graziano, Louis (Texas)

Grossman, Elizabeth (Texas)

Guerrier, Charles E. (Texas)

Gusewelle, Anne E. (Texas)

Haden, Kara L (Texas)

Hamilton, Deborah L (Texas)

Harper, Donna (Texas)

Hartstein, Barry A (Texas)

Hastings, Shon (Texas)

Healy, Teri L. (Texas)

Hendrickson, John C (Texas)

Henry, Ann Marie (Texas)

Hill, Keith T. (Texas)

Hobson, William R (Texas)

Holman, Patrick J (Texas)

Hope, Jennifer L. (Texas)

Houk, Christopher Robert (Texas)

Imdieke, Michael H. (Texas)

Isenhart, Jessi D. (Texas)

Johnson, Robert G. (Texas)

Johnson, Johnnie L. (Texas)

Johnson, Amy Victoria (Texas)

Jones, Stephanie Michelle (Texas)

Jones, Anica C. (Texas)

Jr, Robert A (Texas)

Juge, Gregory T. (Louisiana)

Kamp, Jean P (Texas)

Kane, Deborah A. (Texas)

Kasperson, Kaleb M. (Texas)

Katz, Stephen M. (Texas)

Keenan, Judy Ann (Texas)

Kennedy, Melvin D. (Texas)

Kiel, Gerald S. (Texas)

Kinne, Paul A. (Texas)

Kittle, Rita Byrnes (Texas)

Klaassen, Mark A (Texas)

Knoller, Guy David (Texas)

Krivonyak, J. Christopher (Texas)

Kuelbs, Meaghan Leigh (Texas)

Laura, Peter F. (Texas)

Lawrence, Debra M. (Texas)

Lee, James L. (District of Columbia)

Lee, Jeffrey A. (Texas)

Lee, Damien Anthony (Texas)

Lee, Jeff A (Texas)

Lepak, Thomas Scott (Texas)

Lewis, Muslima (Texas)

Li, Derek W (Texas)

Liem, Connie (Texas)

Liner, Celia S. (Texas)

Lizana, Arnold J. (Texas)

Lopez, P. David (District of Columbia)

Lucero, A.Luis Lucero (Texas)

Macy, James Douglas (Texas)

Mahood, Zoe G (Texas)

Mallik, Amrita (Texas)

Mallon, Keri L (Texas)

Malloy, Margaret Ann (Texas)

Marino, Stephanie (Texas)

Martin, C Levi (Texas)

Martinez, Ana Consuelo (Texas)

Maxion, Sanya Hill (Texas)

Mays, Lawrence (Texas)

McBride, Dennis R (Texas)

McCord, Stacey Elise (Texas)

McCormick, Jona J (Texas)

McCoy, Kimberly Anne (Texas)

McCoy, Matthew H (Texas)

McCoy-Cruz, Kimberly A. (Texas)

McNair, Jacqueline H. (Texas)

Medina, Loretta F (Texas)

Meredith, Brandi Lorraine (Texas)

Miller, Gerald L (Texas)

Moench, William E (Texas)

Molina, Veronica A (Texas)

Monahan, Camille A (Texas)

Moore, Rebecca Cole (Texas)

Murray, Steven Lee (Texas)

Naccarato, Elizabeth A (Texas)

Neary, Kathleen M. (Texas)

Noh, Sue J (Texas)

Norman, Richard Eugene (Texas)

Northrup, Kate (Texas)

O'Boyle, Judith A. (Texas)

O'Brien, Michael J. (Texas)

Offen-Brown, David F. (Texas)

O'Hara, Cindy (Texas)

Olson, Kathryn Blaire (Texas)

O'Neill, Mary Jo (Texas)

Oppenheim, Harriett F (Texas)

Palma, Zandro E. (Texas)

Palmer-Denig, Jessica Ann (Texas)

Park, Anna (Texas)

Parker, Russell P (Texas)

Pearson, Gina Elaine (Texas)

Peck, Jonathan T (Texas)

Pence, Richard M. (Texas)

Peral, Cesar J (Texas)

Peters, Kirsten Jennifer (Texas)

Peterson, Melanie M. (Texas)

Phillips, Ronald L. (Texas)

Pladson, Nicholas J (Texas)

Pohl, Anna Marie (Texas)

Pope, Rebecca E. (Texas)

Powell, Molly P. (Texas)

Ramos, Marisol (Texas)

Ramsey, Sally (Texas)

Randall, Jennifer (Texas)

Ranis, Michael Bruce (Texas)

Ratliff, Sean (Texas)

Reams, Gwendolyn Young (District of Columbia)

Rens, LaVerne G. (Texas)

Rethage, Thomas D (Texas)

Rivela, David C. (Texas)

Rivera, Jadhira Virginia (Texas)

Roberts, Monique Joy (Texas)

Robertson, Michelle M (Texas)

Robinson, Antonio D. (Texas)

Rollins, Prisca M (Texas)

Rose, Robert D. (New York)

Royal, S. Robert (Texas)

Rucker, Marsha Lynn (Texas)

Ryerse, Mary M (Texas)

Sacher, Jim (Texas)

Sanghvi, Ami T. (Texas)

Santos, Adela P. (Texas)

Savage, Markeisha K. (Texas)

Schmitt, Suzanne Julia (Texas)

Schnitzel, Andrew Marten (Texas)

Seely, Barbara A (Texas)

Seth, Devika Rani (Texas)

Sexton, Richard I (Texas)

Shanley, Sally Clifford (Texas)

Shepard, Meaghan Leigh (Texas)

Sirkin, Lisa (Texas)

Smason, Diane I (Texas)

Smith, Deidre (Texas)

Smith, Rachel M. (Texas)

Smith, C Emanuel (Texas)

Stanley, John F. (Texas)

Statkus, Carol A (Texas)

Steele, Roberta (Texas)

Stern, Jeffrey A. (Texas)

Stewart, Ronald S (Texas)

Stith, Rebecca S. (Texas)

Struble, Stephanie (Texas)

Sustaita, Rodolfo Lucio (Texas)

Sylvertooth, D'Ontae (Texas)

Szromba, Jeanne Bowman (Texas)

Tamayo, William R. (Texas)

Tandy, Lovita T. (Texas)

Tapper, Steven M. (Texas)

Taylor, Judith G. (Texas)

Tetzlaff, Karl R. (Texas)

Thomas, Kelley Renee (Texas)

Thomas, Gillian Lathrop (Texas)

Thornton, Gerald L. (Texas)

Tomlinson, Robert F (Texas)

Tuggle, Darin B. (Texas)

Turnage, Edwin Lake (Texas)

Tyndall, Brian C (Texas)

Valderrama, Hillary K (Texas)

Vance, Carrie Noelle (Texas)

Varma, Maneesh (Texas)

Vasichek, Laurie A (Texas)

Vigil, Christina A (Texas)

Vuong, Rumduol Kim (Texas)

Wagner, Steven Andrews (Texas)

Walter, Nicholas Glen (Texas)

Weisberg, Robert E. (Texas)

Welsh, Blaine T (Texas)

Whitehead, Jamal N (Texas)

Wilburn, Tanisha R (Texas)

Wilhite, Connie Kay (Texas)

Williams, Samantha (Texas)

Williams, Faye A (Texas)

Wong, Kam Sau (Texas)

Woolley, Christopher (Texas)

show all people

Documents in the Clearinghouse

Document

4:11-cv-03425

Docket (PACER)

EEOC v. Bass Pro Outer World, LLC

Sept. 5, 2017

Sept. 5, 2017

Docket
1

4:11-cv-03425

Complaint

EEOC v. Bass Pro Outer World, LLC

Sept. 21, 2011

Sept. 21, 2011

Complaint
53

4:11-cv-03425

Memorandum and Order (Granting In Part Motion to Dismiss)

EEOC v. Bass Pro Outer World, LLC

May 31, 2012

May 31, 2012

Order/Opinion

884 F.Supp.2d 884

92

4:11-cv-03425

Memorandum and Order (Dismissing BPI for Lack of Personal Jurisdiction)

EEOC v. Bass Pro Outer World, LLC

Oct. 19, 2012

Oct. 19, 2012

Order/Opinion
99

4:11-cv-03425

Memorandum and Order (Granting In Part Motion to Dismiss 61 Amended Complaint)

EEOC v. Bass Pro Outer World, LLC

March 18, 2013

March 18, 2013

Order/Opinion

2013 WL 2013

104

4:11-cv-03425

Third Amended Complaint

EEOC v. Bass Pro Outer World, LLC

April 15, 2013

April 15, 2013

Complaint
149

4:11-cv-03425

Memorandum and Opinion

Equal Employment Opportunity Commission v. Bass Pro Outdoor World, LLC

Oct. 2, 2013

Oct. 2, 2013

Order/Opinion

2013 WL 2013

151

4:11-cv-03425

Memorandum and Opinion

Equal Employment Opportunity Commission v. Bass Pro Outdoor World, LLC

March 4, 2014

March 4, 2014

Order/Opinion

1 F.Supp.3d 1

171

4:11-cv-03425

Fourth Amended Complaint of the United States Equal Employment Opportunity Commission

Equal Employment Opportunity Commission v. Bass Pro Outdoor World, LLC

June 13, 2014

June 13, 2014

Complaint
184

4:11-cv-03425

Memorandum and Opinion

Equal Employment Opportunity Commission v. Bass Pro Outdoor World, LLC

July 30, 2014

July 30, 2014

Order/Opinion

35 F.Supp.3d 35

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4398825/equal-employment-opportunity-commission-v-bass-pro-outdoor-world-llc/

Last updated March 11, 2024, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Bass Pro Outdoor World, LLC filed by Equal Employment Opportunity Commission.(Bowne, Timothy) (Entered: 09/21/2011)

Sept. 21, 2011

Sept. 21, 2011

RECAP
2

ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 12/30/2011 at 02:30 PM in Room 3716 before Judge Keith P Ellison.(Signed by Judge Keith P Ellison) Parties notified.(mfoley) (Entered: 09/22/2011)

Sept. 22, 2011

Sept. 22, 2011

PACER
3

Notice Regarding Initial Conference.(Signed by Judge Keith P Ellison) Parties notified.(mfoley) (Entered: 09/22/2011)

Sept. 22, 2011

Sept. 22, 2011

PACER
4

MOTION for Gregory T. Juge to Appear Pro Hac Vice by Equal Employment Opportunity Commission, filed. Motion Docket Date 10/17/2011. (Bowne, Timothy) (Entered: 09/26/2011)

Sept. 26, 2011

Sept. 26, 2011

PACER
5

ORDER granting 4 Motion to Appear Pro Hac Vice for Gregory T. Juge.(Signed by Judge Keith P Ellison) Parties notified.(bthomas, ) (Entered: 09/28/2011)

Sept. 28, 2011

Sept. 28, 2011

PACER
6

CERTIFICATE OF INTERESTED PARTIES by Equal Employment Opportunity Commission, filed.(Bowne, Timothy) (Entered: 09/28/2011)

Sept. 28, 2011

Sept. 28, 2011

PACER
7

MOTION for Robert D. Rose to Appear Pro Hac Vice by Equal Employment Opportunity Commission, filed. Motion Docket Date 11/4/2011. (Bowne, Timothy) (Entered: 10/14/2011)

Oct. 14, 2011

Oct. 14, 2011

PACER
8

ORDER granting 7 Motion to Appear Pro Hac Vice as to Robert D. Rose.(Signed by Judge Keith P Ellison) Parties notified.(chorace) (Entered: 10/18/2011)

Oct. 18, 2011

Oct. 18, 2011

PACER
9

Joint MOTION for Extension of Time to Answer or Otherwise Respond to Complaint( Motion Docket Date 12/12/2011.), Joint MOTION Set Briefing Schedule by Bass Pro Outdoor World, LLC, Equal Employment Opportunity Commission, filed. (Attachments: # 1 Proposed Order)(Johnston, Michael) (Entered: 11/21/2011)

1 Proposed Order

View on PACER

Nov. 21, 2011

Nov. 21, 2011

PACER
10

MOTION for Konrad Batog to Appear Pro Hac Vice by Equal Employment Opportunity Commission, filed. Motion Docket Date 12/13/2011. (Bowne, Timothy) (Entered: 11/22/2011)

Nov. 22, 2011

Nov. 22, 2011

PACER
11

NOTICE of Resetting. Parties notified. Initial Conference set for 1/18/2012 at 02:30 PM in Courtroom 3A Houston before Judge Keith P Ellison, filed. (sloewe) (Entered: 11/28/2011)

Nov. 28, 2011

Nov. 28, 2011

PACER
12

ORDER granting 9 Motion for Extension of Time; granting 9 Motion.(Signed by Judge Keith P Ellison) Parties notified.(sloewe) (Entered: 11/29/2011)

Nov. 28, 2011

Nov. 28, 2011

PACER
13

ORDER granting 10 Motion to Appear Pro Hac Vice.(Signed by Judge Keith P Ellison) Parties notified.(sloewe) (Entered: 11/29/2011)

Nov. 29, 2011

Nov. 29, 2011

PACER
14

NOTICE of Appearance by William R. Burns on behalf of Bass Pro Outdoor World, LLC, filed. (Burns, William) (Entered: 12/01/2011)

Dec. 1, 2011

Dec. 1, 2011

PACER
15

NOTICE of Appearance by Samuel M. Matchett on behalf of Bass Pro Outdoor World, LLC, filed. (Matchett, Samuel) (Entered: 12/05/2011)

Dec. 5, 2011

Dec. 5, 2011

PACER
16

Unopposed MOTION to Reschedule Initial Case Management Conference and Deadline for Discovery Plan and Case Management Order by Bass Pro Outdoor World, LLC, filed. Motion Docket Date 1/11/2012. (Attachments: # 1 Proposed Order)(Johnston, Michael) (Entered: 12/21/2011)

1 Proposed Order

View on PACER

Dec. 21, 2011

Dec. 21, 2011

PACER
17

ORDER granting 16 Motion.(Signed by Judge Keith P Ellison) Parties notified.(sloewe) (Entered: 12/22/2011)

Dec. 22, 2011

Dec. 22, 2011

PACER
18

MOTION to Dismiss 1 Complaint by Bass Pro Outdoor World, LLC, filed. Motion Docket Date 1/26/2012. (Attachments: # 1 Brief, # 2 Proposed Order, # 3 Appendix, # 4 Exhibit A - Commissioner's Charge, # 5 Exhibit B - EEOC's Draft Discovery Plan, # 6 Exhibit C - EEOC v. Carolls, # 7 Exhibit D - EEOC v. Carolls, # 8 Exhibit E - EEOC v. Custom Cos., # 9 Exhibit F - EEOC v. Freeman, # 10 Exhibit G - EEOC v. JBS, # 11 Exhibit H - EEOC v. JBS, # 12 Exhibit I - EEOC v. O'Reilly Auto, # 13 Exhibit J - EEOC v. SDI, # 14 Exhibit K - EEOC v. Service Temps, # 15 Exhibit L - EEOC v. UPS, # 16 Exhibit M - Jackson v. FedEx, # 17 Exhibit N - Jenkins v. County of Hennepin, # 18 Exhibit O - Landovazo v. The Toro Co., # 19 Exhibit P - Probado Techs. v. Smartnet, # 20 Exhibit Q - Puente v. Ridge, # 21 Exhibit R - Restrepo v. Wells Fargo, # 22 Exhibit S - Richards v. JRK Prop., # 23 Exhibit T - Richards v. JRK Prop., # 24 Exhibit U - Rubinow v. Boehringer, # 25 Exhibit V - Turner v. Pavlicek)(Johnston, Michael) (Entered: 01/05/2012)

1 Brief

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2 Proposed Order

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3 Appendix

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4 Exhibit A - Commissioner's Charge

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5 Exhibit B - EEOC's Draft Discovery Plan

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6 Exhibit C - EEOC v. Carolls

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7 Exhibit D - EEOC v. Carolls

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8 Exhibit E - EEOC v. Custom Cos.

View on PACER

9 Exhibit F - EEOC v. Freeman

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10 Exhibit G - EEOC v. JBS

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11 Exhibit H - EEOC v. JBS

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12 Exhibit I - EEOC v. O'Reilly Auto

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13 Exhibit J - EEOC v. SDI

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14 Exhibit K - EEOC v. Service Temps

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15 Exhibit L - EEOC v. UPS

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16 Exhibit M - Jackson v. FedEx

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17 Exhibit N - Jenkins v. County of Hennepin

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18 Exhibit O - Landovazo v. The Toro Co.

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19 Exhibit P - Probado Techs. v. Smartnet

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20 Exhibit Q - Puente v. Ridge

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21 Exhibit R - Restrepo v. Wells Fargo

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22 Exhibit S - Richards v. JRK Prop.

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23 Exhibit T - Richards v. JRK Prop.

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24 Exhibit U - Rubinow v. Boehringer

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25 Exhibit V - Turner v. Pavlicek

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Jan. 5, 2012

Jan. 5, 2012

PACER
19

MOTION to Stay Discovery by Bass Pro Outdoor World, LLC, filed. Motion Docket Date 1/26/2012. (Attachments: # 1 Proposed Order, # 2 Appendix, # 3 Exhibit A -EEOC's Proposed Discovery Plan, # 4 Exhibit B - EEOC's Memo re: Admin. Subpoenas, # 5 Exhibit C - EEOC Investigations Pamphlet, # 6 Exhibit D - Letter from Juge, # 7 Exhibit E - Brown v. DFS, # 8 Exhibit F - EEOC v. Cintas, # 9 Exhibit G - EEOC v. UPS, # 10 Exhibit H - Fujita v. United States, # 11 Exhibit I - Jackson v. Louisiana Tech., # 12 Exhibit J. - Lowe v. Wellcare Health Plans, # 13 Exhibit K - Rio Grande v. Energy Transfer, # 14 Exhibit L - Sapp v. Mem'l Herman, # 15 Exhibit M - Smith v. Potter, # 16 Exhibit N - Tostado v. Citibank, # 17 Exhibit O - United States v. Columbia/HCA, # 18 Exhibit P - Von Drake v. NBC)(Johnston, Michael) (Entered: 01/05/2012)

1 Proposed Order

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2 Appendix

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3 Exhibit A -EEOC's Proposed Discovery Plan

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4 Exhibit B - EEOC's Memo re: Admin. Subpoenas

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5 Exhibit C - EEOC Investigations Pamphlet

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6 Exhibit D - Letter from Juge

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7 Exhibit E - Brown v. DFS

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8 Exhibit F - EEOC v. Cintas

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9 Exhibit G - EEOC v. UPS

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10 Exhibit H - Fujita v. United States

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11 Exhibit I - Jackson v. Louisiana Tech.

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12 Exhibit J. - Lowe v. Wellcare Health Plans

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13 Exhibit K - Rio Grande v. Energy Transfer

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14 Exhibit L - Sapp v. Mem'l Herman

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15 Exhibit M - Smith v. Potter

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16 Exhibit N - Tostado v. Citibank

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17 Exhibit O - United States v. Columbia/HCA

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18 Exhibit P - Von Drake v. NBC

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Jan. 5, 2012

Jan. 5, 2012

PACER
20

CERTIFICATE OF INTERESTED PARTIES by Bass Pro Outdoor World, LLC, filed.(Johnston, Michael) (Entered: 01/06/2012)

Jan. 6, 2012

Jan. 6, 2012

PACER
21

Supplemental MOTION to Stay Discovery by Bass Pro Outdoor World, LLC, filed. Motion Docket Date 2/3/2012. (Attachments: # 1 Exhibit A - Letter from Batog to Johnston)(Johnston, Michael) (Entered: 01/13/2012)

1 Exhibit A - Letter from Batog to Johnston

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Jan. 13, 2012

Jan. 13, 2012

PACER
22

NOTICE of Designation of Gregory T. Juge as Attorney-in-Charge by Equal Employment Opportunity Commission, filed. (Juge, Gregory) (Entered: 01/13/2012)

Jan. 13, 2012

Jan. 13, 2012

PACER
23

First AMENDED COMPLAINT with JURY DEMAND against Barr Pro, Inc., Bass Pro Outdoor World, LLC, Tracker Marine, L.L.C. filed by Equal Employment Opportunity Commission.(Juge, Gregory) (Entered: 01/26/2012)

Jan. 26, 2012

Jan. 26, 2012

PACER
24

RESPONSE in Opposition to 19 MOTION to Stay Discovery, 21 Supplemental MOTION to Stay Discovery, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Proposed Order)(Sustaita, Rodolfo) (Entered: 01/26/2012)

1 Exhibit

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2 Exhibit

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3 Proposed Order

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Jan. 26, 2012

Jan. 26, 2012

PACER
25

MOTION for Entry of Order re: Defendant's Discovery Plan and Case Management Order by Bass Pro Outdoor World, LLC, filed. Motion Docket Date 2/17/2012. (Attachments: # 1 Proposed Order, # 2 Appendix, # 3 Exhibit A - Bass Pro's Plan, # 4 Exhibit B - EEOC's Plan, # 5 Exhibit C - Letter from Batog, # 6 D - Law Review Article, # 7 E - Aspen Tech v. Kunt, # 8 F - Roussell v. Brinker (2008), # 9 G - Roussell v. Brinker (2009), # 10 H - Serrano v. Cintas)(Johnston, Michael) (Entered: 01/27/2012)

1 Proposed Order

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2 Appendix

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3 Exhibit A - Bass Pro's Plan

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4 Exhibit B - EEOC's Plan

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5 Exhibit C - Letter from Batog

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6 D - Law Review Article

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7 E - Aspen Tech v. Kunt

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8 F - Roussell v. Brinker (2008)

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9 G - Roussell v. Brinker (2009)

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10 H - Serrano v. Cintas

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Jan. 27, 2012

Jan. 27, 2012

PACER
26

ORDER denying as moot without prejudice 18 Motion to Dismiss.(Signed by Judge Keith P Ellison) Parties notified.(arrivera, ) (Entered: 01/30/2012)

Jan. 30, 2012

Jan. 30, 2012

PACER
27

NOTICE of Setting. Parties notified. Initial Conference set for 3/1/2012 at 02:30 PM in Courtroom 3A Houston before Judge Keith P Ellison, filed. (sloewe) (Entered: 02/01/2012)

Feb. 1, 2012

Feb. 1, 2012

PACER
28

ORDER dismissing without prejudice as moot 19 Motion to Stay.(Signed by Judge Keith P Ellison) Parties notified.(arrivera, ) (Entered: 02/06/2012)

Feb. 6, 2012

Feb. 6, 2012

PACER
29

Unopposed MOTION for Extension of Time to Answer or Otherwise Respond to First Amended Complaint, Unopposed MOTION for Leave to File Excess Pages( Motion Docket Date 2/29/2012.), Unopposed MOTION to Set Briefing Schedule by Bass Pro Outdoor World, LLC, Bass Pro, Inc., Tracker Marine, L.L.C., filed. (Attachments: # 1 Proposed Order)(Johnston, Michael) (Entered: 02/08/2012)

1 Proposed Order

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Feb. 8, 2012

Feb. 8, 2012

PACER
30

NOTICE of Resetting. Parties notified. Initial Conference set for 4/17/2012 at 02:30 PM in Courtroom 3A Houston before Judge Keith P Ellison, filed. (sloewe ) (Entered: 02/09/2012)

Feb. 9, 2012

Feb. 9, 2012

PACER
31

ORDER.(Signed by Judge Keith P Ellison) Parties notified.(sloewe) (Entered: 02/10/2012)

Feb. 10, 2012

Feb. 10, 2012

PACER
32

MOTION to Dismiss 23 Amended Complaint/Counterclaim/Crossclaim etc. by Bass Pro Outdoor World, LLC, Bass Pro, Inc., Tracker Marine, L.L.C., filed. Motion Docket Date 3/26/2012. (Attachments: # 1 Brief, # 2 Proposed Order, # 3 Appendix, # 4 Exhibit A - Commissioner's Charge, # 5 Exhibit B - Am. Commissioner's Charge, # 6 Exhibit C - EEOC Discovery Plan, # 7 Exhibit D - Eisenhour Declaration, # 8 Exhibit E - EEOC Budget)(Johnston, Michael) (Entered: 03/05/2012)

1 Brief

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2 Proposed Order

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3 Appendix

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4 Exhibit A - Commissioner's Charge

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5 Exhibit B - Am. Commissioner's Charge

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6 Exhibit C - EEOC Discovery Plan

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7 Exhibit D - Eisenhour Declaration

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8 Exhibit E - EEOC Budget

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March 5, 2012

March 5, 2012

PACER
33

EXHIBITS re: 32 MOTION to Dismiss 23 Amended Complaint/Counterclaim/Crossclaim etc. MOTION to Dismiss 23 Amended Complaint/Counterclaim/Crossclaim etc. by Bass Pro Outdoor World, LLC, Bass Pro, Inc., Tracker Marine, L.L.C., filed. (Attachments: # 1 Exhibit F - Akerblom v. Ezra, # 2 Exhibit G - Coleman v. Sentinel, # 3 Exhibit H - EEOC v. Am. Laser, # 4 Exhibit I - EEOC v. Carolls (2005), # 5 Exhibit J - EEOC v. Carolls (2011), # 6 Exhibit K - EEOC v. Cintas, # 7 Exhibit L - EEOC v. CRST, # 8 Exhibit M - EEOC v. Custom Cos., # 9 Exhibit N - EEOC v. Dover, # 10 Exhibit O - EEOC v. Evans Fruit, # 11 Exhibit P - EEOC V. Freeman, # 12 Exhibit Q - EEOC v. Global, # 13 Exhibit R - EEOC v. Hotspur, # 14 Exhibit S - EEOC v. JBS (8/11), # 15 Exhibit T - EEOC v. JBS (12/11), # 16 Exhibit U - EEOC v. O'Reilly, # 17 Exhibit V - EEOC v. Peoplemark, # 18 Exhibit W - EEOC V. Phil Vinas, # 19 Exhibit X - EEOC v. SDI, # 20 Exhibit Y - EEOC v. Service Temps, # 21 Exhibit Z - EEOC v. Tricore)(Johnston, Michael) (Entered: 03/05/2012)

1 Exhibit F - Akerblom v. Ezra

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2 Exhibit G - Coleman v. Sentinel

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3 Exhibit H - EEOC v. Am. Laser

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4 Exhibit I - EEOC v. Carolls (2005)

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5 Exhibit J - EEOC v. Carolls (2011)

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6 Exhibit K - EEOC v. Cintas

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7 Exhibit L - EEOC v. CRST

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8 Exhibit M - EEOC v. Custom Cos.

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9 Exhibit N - EEOC v. Dover

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10 Exhibit O - EEOC v. Evans Fruit

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11 Exhibit P - EEOC V. Freeman

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12 Exhibit Q - EEOC v. Global

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13 Exhibit R - EEOC v. Hotspur

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14 Exhibit S - EEOC v. JBS (8/11)

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15 Exhibit T - EEOC v. JBS (12/11)

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16 Exhibit U - EEOC v. O'Reilly

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17 Exhibit V - EEOC v. Peoplemark

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18 Exhibit W - EEOC V. Phil Vinas

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19 Exhibit X - EEOC v. SDI

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20 Exhibit Y - EEOC v. Service Temps

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21 Exhibit Z - EEOC v. Tricore

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March 5, 2012

March 5, 2012

PACER
34

EXHIBITS re: 32 MOTION to Dismiss 23 Amended Complaint/Counterclaim/Crossclaim etc. MOTION to Dismiss 23 Amended Complaint/Counterclaim/Crossclaim etc. by Bass Pro Outdoor World, LLC, Bass Pro, Inc., Tracker Marine, L.L.C., filed. (Attachments: # 1 Exhibit AA - EEOC V. Turtle Creek, # 2 Exhibit BB - EEOC v. Tuscarora, # 3 Exhibit CC - EEOC v. UPS, # 4 Exhibit DD- EEOC v. Wells Fargo, # 5 Exhibit EE - Franklin v. Burlington, # 6 Exhibit FF - Hartz v. Tulane, # 7 Exhibit GG - Hodczak v. Latrobe, # 8 Exhibit HH - Jenkins v. Hennepin, # 9 Exhibit II - Johnson v. Verizon, # 10 Exhibit JJ - Jurek v. Williams, # 11 Exhibit KK - Landavazo v. Toro, # 12 Exhibit LL - MacGregor v. Farmers, # 13 Exhibit MM - Oinonen v. TRX, # 14 Exhibit NN - Probado v. Smartnet, # 15 Exhibit OO - Puente v. Ridge, # 16 Exhibit PP - Reedy v. CITGO, # 17 Exhibit QQ - Restrepo v. Wells Fargo, # 18 Exhibit RR - Richards v. JRK Prop., # 19 Exhibit SS - Rubinow v. Boehringer, # 20 Exhibit TT - Scott v. Family Dollar, # 21 Exhibit UU - Shelton v. Bd. of Suprvs., # 22 Exhibit VV - Upshaw v. Bd. of Supvrs., # 23 Exhibit WW - Wilkens v. Toyotetsu)(Johnston, Michael) (Entered: 03/05/2012)

1 Exhibit AA - EEOC V. Turtle Creek

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2 Exhibit BB - EEOC v. Tuscarora

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3 Exhibit CC - EEOC v. UPS

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4 Exhibit DD- EEOC v. Wells Fargo

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5 Exhibit EE - Franklin v. Burlington

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6 Exhibit FF - Hartz v. Tulane

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7 Exhibit GG - Hodczak v. Latrobe

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8 Exhibit HH - Jenkins v. Hennepin

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9 Exhibit II - Johnson v. Verizon

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10 Exhibit JJ - Jurek v. Williams

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11 Exhibit KK - Landavazo v. Toro

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12 Exhibit LL - MacGregor v. Farmers

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13 Exhibit MM - Oinonen v. TRX

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14 Exhibit NN - Probado v. Smartnet

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15 Exhibit OO - Puente v. Ridge

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16 Exhibit PP - Reedy v. CITGO

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17 Exhibit QQ - Restrepo v. Wells Fargo

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18 Exhibit RR - Richards v. JRK Prop.

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19 Exhibit SS - Rubinow v. Boehringer

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20 Exhibit TT - Scott v. Family Dollar

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21 Exhibit UU - Shelton v. Bd. of Suprvs.

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22 Exhibit VV - Upshaw v. Bd. of Supvrs.

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23 Exhibit WW - Wilkens v. Toyotetsu

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March 5, 2012

March 5, 2012

PACER
35

Renewed MOTION to Stay Discovery Pending Final Disposition of Defendants' Motion to Dismiss by Bass Pro Outdoor World, LLC, Bass Pro, Inc., Tracker Marine, L.L.C., filed. Motion Docket Date 3/26/2012. (Attachments: # 1 Proposed Order, # 2 Exhibit A - Defs.' Mot. to Dismiss, # 3 Exhibit B - EEOC Discovery Plan, # 4 Exhibit C - Letter from Juge, # 5 Exhibit D - Letter from Batog, # 6 Exhibit E - Excerpt from Appl. to Enforce Subpoena, # 7 Exhibit F - EEOC Investigations)(Johnston, Michael) (Entered: 03/05/2012)

1 Proposed Order

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2 Exhibit A - Defs.' Mot. to Dismiss

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3 Exhibit B - EEOC Discovery Plan

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4 Exhibit C - Letter from Juge

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5 Exhibit D - Letter from Batog

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6 Exhibit E - Excerpt from Appl. to Enforce Subpoena

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7 Exhibit F - EEOC Investigations

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March 5, 2012

March 5, 2012

PACER
36

EXHIBITS re: 35 Renewed MOTION to Stay Discovery Pending Final Disposition of Defendants' Motion to Dismiss by Bass Pro, Inc., Tracker Marine, L.L.C., filed.(Johnston, Michael) (Entered: 03/05/2012)

March 5, 2012

March 5, 2012

PACER
37

EXHIBITS re: 35 Renewed MOTION to Stay Discovery Pending Final Disposition of Defendants' Motion to Dismiss by Bass Pro Outdoor World, LLC, Bass Pro, Inc., Tracker Marine, L.L.C., filed.(Johnston, Michael) (Entered: 03/05/2012)

March 5, 2012

March 5, 2012

PACER
38

EXHIBITS re: 35 Renewed MOTION to Stay Discovery Pending Final Disposition of Defendants' Motion to Dismiss by Bass Pro Outdoor World, LLC, Bass Pro, Inc., Tracker Marine, L.L.C., filed. (Attachments: # 1 Exhibit H - Aspen v. Kunt, # 2 Exhibit I - Bodnar v. John Hancock, # 3 Exhibit J - Brown v. DFS, # 4 Exhibit K - EEOC v. Cintas, # 5 Exhibit L - EEOC v. UPS, # 6 Exhibit M - Fujita v. U.S., # 7 Exhibit N - Jackson v. Louisiana Tech, # 8 Exhibit O - Lowe v. Wellcare, # 9 Exhibit P - Rio Grande v. Energy Transfer, # 10 Exhibit Q - Roussell v. Brinker, # 11 Exhibit R - Sapp v. Mem'l Hermann, # 12 Exhibit S - Smith v. Potter, # 13 Exhibit T - Tostado v. Citibank, # 14 Exhibit U - Thompson v. Columbia, # 15 Exhibit V - Two Worlds Collide)(Johnston, Michael) (Entered: 03/05/2012)

1 Exhibit H - Aspen v. Kunt

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2 Exhibit I - Bodnar v. John Hancock

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3 Exhibit J - Brown v. DFS

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4 Exhibit K - EEOC v. Cintas

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5 Exhibit L - EEOC v. UPS

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6 Exhibit M - Fujita v. U.S.

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7 Exhibit N - Jackson v. Louisiana Tech

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8 Exhibit O - Lowe v. Wellcare

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9 Exhibit P - Rio Grande v. Energy Transfer

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10 Exhibit Q - Roussell v. Brinker

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11 Exhibit R - Sapp v. Mem'l Hermann

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12 Exhibit S - Smith v. Potter

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13 Exhibit T - Tostado v. Citibank

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14 Exhibit U - Thompson v. Columbia

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15 Exhibit V - Two Worlds Collide

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March 5, 2012

March 5, 2012

PACER
39

Clerks Notice regarding CMECF notice returned undeliverable from ella.rivers@eeoc.gov on the account of Gregory T. Juge. The referenced email address has been deleted from your CM/ECF account, filed. (tferguson, ) (Entered: 03/06/2012)

March 6, 2012

March 6, 2012

PACER
40

NOTICE of Setting as to 35 Renewed MOTION to Stay Discovery Pending Final Disposition of Defendants' Motion to Dismiss. Parties notified. Motion Hearing set for 4/5/2012 at 02:30 PM in Courtroom 3A Houston before Judge Keith P Ellison, filed. Parties may appear by telephone by calling in on the Court's Dia-In number at 713-250-5238. (sloewe) (Entered: 03/06/2012)

March 6, 2012

March 6, 2012

PACER
41

RESPONSE in Opposition to 35 Renewed MOTION to Stay Discovery Pending Final Disposition of Defendants' Motion to Dismiss, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order Proposed Order)(Sustaita, Rodolfo) (Entered: 03/19/2012)

1 Proposed Order Proposed Order

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March 19, 2012

March 19, 2012

PACER
42

EXHIBITS re: 41 Response in Opposition to Motion, by Equal Employment Opportunity Commission, filed.(Sustaita, Rodolfo) (Entered: 03/19/2012)

March 19, 2012

March 19, 2012

PACER
43

EXHIBITS re: 41 Response in Opposition to Motion, by Equal Employment Opportunity Commission, filed.(Sustaita, Rodolfo) (Entered: 03/19/2012)

March 19, 2012

March 19, 2012

PACER
44

REPLY in Support of 35 Renewed MOTION to Stay Discovery Pending Final Disposition of Defendants' Motion to Dismiss, filed by Bass Pro Outdoor World, LLC, Bass Pro, Inc., Tracker Marine, L.L.C.. (Attachments: # 1 Appendix, # 2 Exhibit A - Rowland Decl., # 3 Exhibit B - Tucker Decl., # 4 Exhibit C - Adams v. Brookshire, # 5 Exhibit D - Castrillon v. St. Vincent Hosp., # 6 Exhibit E - Gannon v. U.S., # 7 Exhibit F - Rio Grande Royalty v. Energy Transfer)(Johnston, Michael) (Entered: 03/29/2012)

1 Appendix

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2 Exhibit A - Rowland Decl.

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3 Exhibit B - Tucker Decl.

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4 Exhibit C - Adams v. Brookshire

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5 Exhibit D - Castrillon v. St. Vincent Hosp.

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6 Exhibit E - Gannon v. U.S.

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7 Exhibit F - Rio Grande Royalty v. Energy Transfer

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March 29, 2012

March 29, 2012

PACER
45

RESPONSE in Opposition to 32 MOTION to Dismiss 23 Amended Complaint/Counterclaim/Crossclaim etc. MOTION to Dismiss 23 Amended Complaint/Counterclaim/Crossclaim etc., filed by Equal Employment Opportunity Commission. (Attachments: # 1 Appendix, # 2 Exhibit (A-T), # 3 Proposed Order)(Juge, Gregory) (Entered: 04/03/2012)

1 Appendix

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2 Exhibit (A-T)

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3 Proposed Order

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April 3, 2012

April 3, 2012

PACER
46

NOTICE of Setting as to 32 MOTION to Dismiss 23 Amended Complaint/Counterclaim/Crossclaim etc. MOTION to Dismiss 23 Amended Complaint/Counterclaim/Crossclaim etc.. Parties notified. Motion Hearing set for 5/24/2012 at 11:00 AM in Courtroom 3A Houston before Judge Keith P Ellison, filed. Parties may appear by telephone by calling in on the Court's Dial-In number at 713-250-5238. (sloewe) (Entered: 04/05/2012)

April 5, 2012

April 5, 2012

PACER
47

AO 435 TRANSCRIPT ORDER FORM by Lenora M Shealy. This is to order a transcript of Hearing on Motion to Stay held on 4/5/2012 before Judge Keith P Ellison (Original). Court Reporter/Transcriber: Kathy Metzger, filed. (dclark, ) (Entered: 04/09/2012)

April 9, 2012

April 9, 2012

PACER
48

AO 435 TRANSCRIPT ORDER FORM by James Sacher. This is to order a transcript of Hearing held on 4/5/2012 before Judge Keith P Ellison (Original), filed. (mmapps, ) (Entered: 04/10/2012)

April 10, 2012

April 10, 2012

PACER
49

Notice Regarding Initial Conference.(Signed by Judge Keith P Ellison) Parties notified.(sloewe) (Entered: 04/16/2012)

April 16, 2012

April 16, 2012

PACER
50

TRANSCRIPT re: Hearing held on 4/5/2012 before Judge Keith P Ellison. Court Reporter/Transcriber K. Metzger. Release of Transcript Restriction set for 7/17/2012, filed. (kmetzger) (Entered: 04/18/2012)

April 18, 2012

April 18, 2012

PACER
51

Notice of Filing of Official Transcript as to 50 Transcript. Party notified, filed. (dclark, ) (Entered: 04/19/2012)

April 19, 2012

April 19, 2012

PACER
52

REPLY in Support of 32 MOTION to Dismiss 23 Amended Complaint/Counterclaim/Crossclaim etc. MOTION to Dismiss 23 Amended Complaint/Counterclaim/Crossclaim etc., filed by Bass Pro Outdoor World, LLC, Bass Pro, Inc., Tracker Marine, L.L.C.. (Attachments: # 1 Appendix, # 2 Exhibit A - H.R. Rep. No. 102-40(I), # 3 Exhibit B - Excerpt from Systemic Task Force Rpt., # 4 Exhibit C - Excerpt from EEOC Guidelines, # 5 Exhibit D - Celestine v. Petroleos, # 6 Exhibit E - EEOC v. Custom Cos., # 7 Exhibit F - EEOC v. Freeman, # 8 Exhibit G - EEOC v. Propak, # 9 Exhibit H - EEOC v. Scrub, # 10 Exhibit I - EEOC v. Sterling, # 11 Exhibit J - Hagler v. True Mfg., # 12 Exhibit K - King v. Enterprise Leasing, # 13 Exhibit L - Maradiaga v. Intermodal, # 14 Exhibit M - Scott v. Family Dollar, # 15 Exhibit N - Southern Bleacher v. Husco, # 16 Exhibit O - United Galvanizing v. Imperial, # 17 Exhibit P - Upshaw v. Bd. of Supervisors)(Johnston, Michael) (Entered: 04/20/2012)

1 Appendix

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2 Exhibit A - H.R. Rep. No. 102-40(I)

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3 Exhibit B - Excerpt from Systemic Task Force Rpt.

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4 Exhibit C - Excerpt from EEOC Guidelines

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5 Exhibit D - Celestine v. Petroleos

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6 Exhibit E - EEOC v. Custom Cos.

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7 Exhibit F - EEOC v. Freeman

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8 Exhibit G - EEOC v. Propak

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9 Exhibit H - EEOC v. Scrub

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10 Exhibit I - EEOC v. Sterling

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11 Exhibit J - Hagler v. True Mfg.

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12 Exhibit K - King v. Enterprise Leasing

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13 Exhibit L - Maradiaga v. Intermodal

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14 Exhibit M - Scott v. Family Dollar

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15 Exhibit N - Southern Bleacher v. Husco

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16 Exhibit O - United Galvanizing v. Imperial

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17 Exhibit P - Upshaw v. Bd. of Supervisors

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April 20, 2012

April 20, 2012

PACER
53

MEMORANDUM AND ORDER granting in part denying in part 32 MOTION to Dismiss 23 Amended Complaint/Counterclaim/Crossclaim etc. (Signed by Judge Keith P Ellison) Parties notified.(arrivera, ) (Entered: 05/31/2012)

May 31, 2012

May 31, 2012

RECAP
54

Ex Parte MOTION for Extension of Time to File Second Amended Complaint by Equal Employment Opportunity Commission, filed. Motion Docket Date 6/29/2012. (Attachments: # 1 Proposed Order)(Juge, Gregory) (Entered: 06/08/2012)

1 Proposed Order

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June 8, 2012

June 8, 2012

PACER
55

RESPONSE in Opposition to 54 Ex Parte MOTION for Extension of Time to File Second Amended Complaint, filed by Bass Pro Outdoor World, LLC, Bass Pro, Inc., Tracker Marine, L.L.C.. (Attachments: # 1 Proposed Order, # 2 Exhibit A - E-mail from Juge, # 3 Exhibit B - EEOC v. Cintas, # 4 Exhibit C - EEOC v. Peoplemark, # 5 Exhibit D - EEOC v. Tricore, # 6 Exhibit E - EEOC v. Tuscarora, # 7 Exhibit F - EEOC v. Wells Fargo, # 8 Exhibit G - Scott v. Family Dollar)(Johnston, Michael) (Entered: 06/08/2012)

1 Proposed Order

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2 Exhibit A - E-mail from Juge

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3 Exhibit B - EEOC v. Cintas

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4 Exhibit C - EEOC v. Peoplemark

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5 Exhibit D - EEOC v. Tricore

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6 Exhibit E - EEOC v. Tuscarora

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7 Exhibit F - EEOC v. Wells Fargo

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8 Exhibit G - Scott v. Family Dollar

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June 8, 2012

June 8, 2012

PACER
56

REPLY in Support of 54 Ex Parte MOTION for Extension of Time to File Second Amended Complaint, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A - Garcia v. Navasota)(Juge, Gregory) (Entered: 06/11/2012)

1 Exhibit A - Garcia v. Navasota

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June 11, 2012

June 11, 2012

PACER
57

ORDER granting 54 Motion for Extension of Time to File Second Amended Complaint. Amended Pleadings due by 7/20/2012. Supplemental Briefing due by 8/3/2012. (Signed by Judge Keith P Ellison) Parties notified.(bthomas, ) (Entered: 06/13/2012)

June 12, 2012

June 12, 2012

PACER
58

Unopposed MOTION for Leave to File Excess Pages by Equal Employment Opportunity Commission, filed. Motion Docket Date 7/12/2012. (Attachments: # 1 Proposed Order)(Juge, Gregory) (Entered: 06/21/2012)

1 Proposed Order

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June 21, 2012

June 21, 2012

PACER
59

ORDER (Signed by Judge Keith P Ellison) Parties notified.(sloewe) (Entered: 06/22/2012)

June 22, 2012

June 22, 2012

PACER
60

MOTION for Reconsideration of 53 Memorandum and Order by Equal Employment Opportunity Commission, filed. Motion Docket Date 7/18/2012. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Exhibit 1, # 4 Exhibit 2)(Juge, Gregory) (Entered: 06/27/2012)

1 Memorandum in Support

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2 Proposed Order

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3 Exhibit 1

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4 Exhibit 2

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June 27, 2012

June 27, 2012

PACER
61

Second AMENDED Complaint with Jury Demand against Bass Pro Outdoor World, LLC, Bass Pro, Inc., Tracker Marine, L.L.C. filed by Equal Employment Opportunity Commission.(Juge, Gregory) (Entered: 07/20/2012)

July 20, 2012

July 20, 2012

PACER
62

RESPONSE in Opposition to 60 MOTION for Reconsideration of 53 Memorandum and Order MOTION for Reconsideration of 53 Memorandum and Order, filed by Bass Pro Outdoor World, LLC, Bass Pro, Inc., Tracker Marine, L.L.C.. (Attachments: # 1 Appendix, # 2 Exhibit A - EEOC Guidelines, # 3 Exhibit B - Excerpts from Systemic Task Force, # 4 Exhibit C - Systemic Harassment L. Rev., # 5 Exhibit D - Adams v. Brookshire, # 6 Exhibit E - Aspen Tech. v. Kunt, # 7 Exhibit F - Baldwin v. Layton, # 8 Exhibit G - Bender Square v. Factory Mut., # 9 Exhibit H - Chin v. Port Authority, # 10 Exhibit I - EEOC v. Freeman, # 11 Exhibit J - EEOC v. O'Reilly, # 12 Exhibit K - Brown v. Cypress Fairbanks, # 13 Exhibit L - Murthy v. Abbott Labs., # 14 Exhibit M - Reeb v. Ohio, # 15 Exhibit N - Roussell v. Brinker, # 16 Exhibit O - Smith v. U.S. Dep't of Navy, # 17 Exhibit P - United States v. Bratcher, # 18 Exhibit Q - United States v. Pasadena ISD, # 19 Exhibit R - Westerngeco v. ION, # 20 Exhibit S - White v. Am. Dental)(Johnston, Michael) (Entered: 07/25/2012)

1 Appendix

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2 Exhibit A - EEOC Guidelines

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3 Exhibit B - Excerpts from Systemic Task Force

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4 Exhibit C - Systemic Harassment L. Rev.

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5 Exhibit D - Adams v. Brookshire

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6 Exhibit E - Aspen Tech. v. Kunt

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7 Exhibit F - Baldwin v. Layton

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8 Exhibit G - Bender Square v. Factory Mut.

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9 Exhibit H - Chin v. Port Authority

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10 Exhibit I - EEOC v. Freeman

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11 Exhibit J - EEOC v. O'Reilly

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12 Exhibit K - Brown v. Cypress Fairbanks

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13 Exhibit L - Murthy v. Abbott Labs.

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14 Exhibit M - Reeb v. Ohio

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15 Exhibit N - Roussell v. Brinker

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16 Exhibit O - Smith v. U.S. Dep't of Navy

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17 Exhibit P - United States v. Bratcher

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18 Exhibit Q - United States v. Pasadena ISD

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19 Exhibit R - Westerngeco v. ION

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20 Exhibit S - White v. Am. Dental

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July 25, 2012

July 25, 2012

PACER
63

MOTION for Extension of Time to File Response to EEOC's Second Amended Complaint( Motion Docket Date 8/16/2012.), MOTION for Leave to File Excess Pages by Bass Pro Outdoor World, LLC, Bass Pro, Inc., Tracker Marine, L.L.C., filed. (Attachments: # 1 Exhibit A - Email dated June 18, 2012 from G. Juge to M. Johnston, # 2 Exhibit B - Email dated July 25, 2012 from M. Johnston to G. Juge, # 3 Proposed Order)(Johnston, Michael) (Entered: 07/26/2012)

1 Exhibit A - Email dated June 18, 2012 from G. Juge to M. Johnston

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2 Exhibit B - Email dated July 25, 2012 from M. Johnston to G. Juge

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3 Proposed Order

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July 26, 2012

July 26, 2012

PACER
64

RESPONSE in Opposition to 63 MOTION for Extension of Time to File Response to EEOC's Second Amended Complaint MOTION for Leave to File Excess Pages, filed by Equal Employment Opportunity Commission. (Juge, Gregory) (Entered: 07/27/2012)

July 27, 2012

July 27, 2012

PACER
65

REPLY in Support of 63 MOTION for Extension of Time to File Response to EEOC's Second Amended Complaint MOTION for Leave to File Excess Pages, filed by Bass Pro Outdoor World, LLC, Bass Pro, Inc., Tracker Marine, L.L.C.. (Johnston, Michael) (Entered: 07/30/2012)

July 30, 2012

July 30, 2012

PACER
66

ORDER DENYING 63 MOTION for Extension of Time to File Response to EEOC's Second Amended Complaint MOTION for Leave to File Excess Pages (Signed by Judge Keith P Ellison) Parties notified.(sloewe) (Entered: 08/02/2012)

July 31, 2012

July 31, 2012

PACER
67

Unopposed MOTION for Extension of Time for Defendants to Answer or Otherwise Respond to Second Amended Complaint and Set Briefing Schedule( Motion Docket Date 8/23/2012.), Unopposed MOTION for Leave to File Excess Pages by Bass Pro Outdoor World, LLC, Bass Pro, Inc., Tracker Marine, L.L.C., filed. (Attachments: # 1 Proposed Order)(Johnston, Michael) (Entered: 08/02/2012)

1 Proposed Order

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Aug. 2, 2012

Aug. 2, 2012

PACER
69

ORDER granting 67 Motion for Extension of Time; granting 67 Motion for Leave to File Excess Pages( Answer due by 8/24/2012, Responses due by 9/28/2012.).(Signed by Judge Keith P Ellison) Parties notified.(sbyrum, ) (Entered: 08/06/2012)

Aug. 2, 2012

Aug. 2, 2012

PACER
68

Supplemental RESPONSE in Opposition to 32 MOTION to Dismiss 23 Amended Complaint/Counterclaim/Crossclaim etc. MOTION to Dismiss 23 Amended Complaint/Counterclaim/Crossclaim etc., filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A: Custodian of Records Affidavit, # 2 Exhibit B: Attorney Declaration, # 3 Exhibit B1: BPI Company Records Report, # 4 Exhibit B2: Wilcher Declaration, # 5 Exhibit B3(a): Butzow Declaration, # 6 Exhibit B3(b): Quarles Declaration, # 7 Exhibit B3(c): Bloom Statement, # 8 Exhibit B3(d): Burton Statement, # 9 Exhibit B4: Business Report, # 10 Exhibit B5(a)-B5(c) Company Profiles, # 11 Exhibit B6: Business Report, # 12 Exhibit B7: Business Info. Report, # 13 Exhibit B8: Assumed Name Certificate, # 14 Exhibit B9: Ltd. Partnership Certificate, # 15 Exhibit B10: Change of Registered Agent Form, # 16 Exhibit B11: Franchise Tax Report, # 17 Exhibit B12: Certificate of Merger, # 18 Exhibit B13: Service of Process Transmittal, # 19 Exhibit B14: Jones Day Letter, # 20 Exhibit B15: Employment Forms, # 21 Exhibit B16: Website Printouts)(Wilhite, Connie) (Entered: 08/03/2012)

1 Exhibit A: Custodian of Records Affidavit

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2 Exhibit B: Attorney Declaration

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3 Exhibit B1: BPI Company Records Report

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4 Exhibit B2: Wilcher Declaration

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5 Exhibit B3(a): Butzow Declaration

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6 Exhibit B3(b): Quarles Declaration

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7 Exhibit B3(c): Bloom Statement

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8 Exhibit B3(d): Burton Statement

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9 Exhibit B4: Business Report

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10 Exhibit B5(a)-B5(c) Company Profiles

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11 Exhibit B6: Business Report

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12 Exhibit B7: Business Info. Report

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13 Exhibit B8: Assumed Name Certificate

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14 Exhibit B9: Ltd. Partnership Certificate

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15 Exhibit B10: Change of Registered Agent Form

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16 Exhibit B11: Franchise Tax Report

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17 Exhibit B12: Certificate of Merger

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18 Exhibit B13: Service of Process Transmittal

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19 Exhibit B14: Jones Day Letter

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20 Exhibit B15: Employment Forms

View on PACER

21 Exhibit B16: Website Printouts

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Aug. 3, 2012

Aug. 3, 2012

PACER
70

Corrected EXHIBITS re: 68 Response in Opposition to Motion,,,, by Equal Employment Opportunity Commission, filed.(Wilhite, Connie) (Entered: 08/07/2012)

Aug. 7, 2012

Aug. 7, 2012

PACER
71

Corrected EXHIBITS re: 68 Response in Opposition to Motion,,,, by Equal Employment Opportunity Commission, filed.(Wilhite, Connie) (Entered: 08/08/2012)

Aug. 8, 2012

Aug. 8, 2012

PACER
72

REPLY in Support of 60 MOTION for Reconsideration of 53 Memorandum and Order MOTION for Reconsideration of 53 Memorandum and Order, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Colindres v. Quietflex Mfg. (unpublished case))(Rose, Robert) (Entered: 08/08/2012)

1 Colindres v. Quietflex Mfg. (unpublished case)

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Aug. 8, 2012

Aug. 8, 2012

PACER
73

Corrected EXHIBITS re: 68 Response in Opposition to Motion,,,, by Equal Employment Opportunity Commission, filed. (Attachments: # 1 Supplement Explanation Letter)(Wilhite, Connie) (Entered: 08/09/2012)

1 Supplement Explanation Letter

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Aug. 9, 2012

Aug. 9, 2012

PACER
74

RESPONSE to 68 Response in Opposition to Motion,,,,, filed by Bass Pro Outdoor World, LLC, Bass Pro, Inc., Tracker Marine, L.L.C.. (Attachments: # 1 Appendix, # 2 Exhibit A - Decl. of Tim Eisenhour (08/24/2012), # 3 Exhibit B - 21st Century Fin. Servs. v. Mandelbaum, # 4 Exhibit C - Adm'rs of Tulane Educ. Fund v. IPSEN, # 5 Exhibit D - Akerblom v. Ezra Holdings, # 6 Exhibit E - Driving Force Techs. v. Panda Distrib., # 7 Exhibit F - Duvall v. Lowe's Cos., # 8 Exhibit E - EEOC v. Cintas Corp., # 9 Exhibit H - EsNtion Records v. JonesTM, # 10 Exhibit I - Franklin v. Burlington N. & Santa Fe R.R., # 11 Exhibit J - Gartin v. Par Pharm. Cos., # 12 Exhibit K - Global 360 v. Spittin' Image Software, # 13 Exhibit L - Johnson v. Verizon Commc'ns, # 14 Exhibit M - Marine Geotechnics v. Williams, # 15 Exhibit N - Mikuni Corp. v. Foster, # 16 Exhibit O- Mohamed v. Erinys Int'l, # 17 Exhibit P - Op Art, Inc. v. B.I.G. Wholesalers, # 18 Exhibit Q - S.L.A. Studio Land v. SRC Constr., # 19 Exhibit R - Signtronix v. Gen. Sign, # 20 Exhibit S - Southern-Owners Ins. v. Tomac of Fla., # 21 Exhibit T - Thomas v. Trico Prods., # 22 Exhibit U - Torres v. Liberto Mfg., # 23 Exhibit V - U.S. LED, Ltd. v. Nu Power Assocs.)(Matchett, Samuel) (Entered: 08/24/2012)

1 Appendix

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2 Exhibit A - Decl. of Tim Eisenhour (08/24/2012)

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3 Exhibit B - 21st Century Fin. Servs. v. Mandelbaum

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4 Exhibit C - Adm'rs of Tulane Educ. Fund v. IPSEN

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5 Exhibit D - Akerblom v. Ezra Holdings

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6 Exhibit E - Driving Force Techs. v. Panda Distrib.

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7 Exhibit F - Duvall v. Lowe's Cos.

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8 Exhibit E - EEOC v. Cintas Corp.

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9 Exhibit H - EsNtion Records v. JonesTM

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10 Exhibit I - Franklin v. Burlington N. & Santa Fe R.R.

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11 Exhibit J - Gartin v. Par Pharm. Cos.

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12 Exhibit K - Global 360 v. Spittin' Image Software

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13 Exhibit L - Johnson v. Verizon Commc'ns

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14 Exhibit M - Marine Geotechnics v. Williams

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15 Exhibit N - Mikuni Corp. v. Foster

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16 Exhibit O- Mohamed v. Erinys Int'l

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17 Exhibit P - Op Art, Inc. v. B.I.G. Wholesalers

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18 Exhibit Q - S.L.A. Studio Land v. SRC Constr.

View on PACER

19 Exhibit R - Signtronix v. Gen. Sign

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20 Exhibit S - Southern-Owners Ins. v. Tomac of Fla.

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21 Exhibit T - Thomas v. Trico Prods.

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22 Exhibit U - Torres v. Liberto Mfg.

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23 Exhibit V - U.S. LED, Ltd. v. Nu Power Assocs.

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Aug. 24, 2012

Aug. 24, 2012

PACER
75

Amended CERTIFICATE OF INTERESTED PARTIES by Bass Pro Outdoor World, LLC, Bass Pro, Inc., Tracker Marine, L.L.C., filed.(Matchett, Samuel) (Entered: 08/24/2012)

Aug. 24, 2012

Aug. 24, 2012

PACER
76

MOTION to Dismiss 61 Amended Complaint/Counterclaim/Crossclaim etc. by Bass Pro Outdoor World, LLC, Bass Pro, Inc., Tracker Marine, L.L.C., filed. Motion Docket Date 9/14/2012. (Attachments: # 1 Brief, # 2 Proposed Order, # 3 Exhibit A - MacKenzie Charge, # 4 Exhibit B - Blair Charge, # 5 Exhibit C - Harlingen 2012 EEO-1)(Johnston, Michael) (Entered: 08/24/2012)

1 Brief

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2 Proposed Order

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3 Exhibit A - MacKenzie Charge

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4 Exhibit B - Blair Charge

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5 Exhibit C - Harlingen 2012 EEO-1

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Aug. 24, 2012

Aug. 24, 2012

PACER
77

APPENDIX re: 76 MOTION to Dismiss 61 Amended Complaint/Counterclaim/Crossclaim etc. MOTION to Dismiss 61 Amended Complaint/Counterclaim/Crossclaim etc. by Bass Pro Outdoor World, LLC, Bass Pro, Inc., Tracker Marine, L.L.C., filed. (Attachments: # 1 Exhibit D - Barnes v. Fed. Express, # 2 Exhibit E - Barrientos v. City of Eagle Pass, # 3 Exhibit F - Bolden v. Walsh Constr., # 4 Exhibit G - Brown v. Bd. of Trs., # 5 Exhibit H - Bui v. Horseshoe Entm't, # 6 Exhibit I - Dark v. Potter, # 7 Exhibit J - DeHart v. Baker Hughes, # 8 Exhibit K - Earle v. Aramark, # 9 Exhibit L - EEOC v. Andrew Corp., # 10 Exhibit M - EEOC v. Cintas, # 11 Exhibit N - EEOC v. Hobson Air, # 12 Exhibit O - EEOC v. Hotspur, # 13 Exhibit P - EEOC v. JBS, # 14 Exhibit Q - EEOC v. O'Reilly Auto, # 15 Exhibit R - EEOC v. P.A.M. Transp., # 16 Exhibit S - EEOC v. Peoplemark, # 17 Exhibit T - EEOC v. Port Auth., # 18 Exhibit U - EEOC v. River View, # 19 Exhibit V - EEOC v. Texas Roadhouse, # 20 Exhibit W - EEOC v. Tricore, # 21 Exhibit X - EEOC v. Turtle Creek, # 22 Exhibit Y - EEOC v. Tuscarora Yarns, # 23 Exhibit Z - EEOC v. UPS)(Johnston, Michael) (Entered: 08/24/2012)

1 Exhibit D - Barnes v. Fed. Express

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2 Exhibit E - Barrientos v. City of Eagle Pass

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3 Exhibit F - Bolden v. Walsh Constr.

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4 Exhibit G - Brown v. Bd. of Trs.

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5 Exhibit H - Bui v. Horseshoe Entm't

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6 Exhibit I - Dark v. Potter

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7 Exhibit J - DeHart v. Baker Hughes

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8 Exhibit K - Earle v. Aramark

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9 Exhibit L - EEOC v. Andrew Corp.

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10 Exhibit M - EEOC v. Cintas

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11 Exhibit N - EEOC v. Hobson Air

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12 Exhibit O - EEOC v. Hotspur

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13 Exhibit P - EEOC v. JBS

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14 Exhibit Q - EEOC v. O'Reilly Auto

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15 Exhibit R - EEOC v. P.A.M. Transp.

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16 Exhibit S - EEOC v. Peoplemark

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17 Exhibit T - EEOC v. Port Auth.

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18 Exhibit U - EEOC v. River View

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19 Exhibit V - EEOC v. Texas Roadhouse

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20 Exhibit W - EEOC v. Tricore

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21 Exhibit X - EEOC v. Turtle Creek

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22 Exhibit Y - EEOC v. Tuscarora Yarns

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23 Exhibit Z - EEOC v. UPS

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Aug. 24, 2012

Aug. 24, 2012

PACER
78

APPENDIX re: 76 MOTION to Dismiss 61 Amended Complaint/Counterclaim/Crossclaim etc. MOTION to Dismiss 61 Amended Complaint/Counterclaim/Crossclaim etc. by Bass Pro Outdoor World, LLC, Bass Pro, Inc., Tracker Marine, L.L.C., filed. (Attachments: # 1 Exhibit AA - EEOC v. UPS, # 2 Exhibit BB - EEOC v. Wells Fargo, # 3 Exhibit CC - Gaalla v. Brown, # 4 Exhibit DD - Gauthier v. Horace Mann, # 5 Exhibit EE - Grice v. FMC Techs., # 6 Exhibit FF - Griffin v. Citgo, # 7 Exhibit GG - Hall v. Kone, # 8 Exhibit HH - Jefferson v. MillerCoors, # 9 Exhibit II - Kelley v. KIMC, # 10 Exhibit JJ - Knatt v. Hosp. Serv., # 11 Exhibit KK - Mercer v. Arbor E&T, # 12 Exhibit LL - Mitchell v. Cresent River, # 13 Exhibit MM - Montgomer v. Sears, # 14 Exhibit NN - Muse v. Jazz Casino, # 15 Exhibit OO - Puente v. Ridge, # 16 Exhibit PP - Rice v. Spinx Co., # 17 Exhibit QQ - Sabzevari v. Reliable Ins., # 18 Exhibit RR - Scott v. Family Dollar, # 19 Exhibit SS - Sherman v. Dallas ISD, # 20 Exhibit TT - Shollenbarger v. Planes Moving, # 21 Exhibit UU - State of Ariz. v. Geo, # 22 Exhibit VV - Wallace v. Neiman Marcus)(Johnston, Michael) (Entered: 08/24/2012)

1 Exhibit AA - EEOC v. UPS

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2 Exhibit BB - EEOC v. Wells Fargo

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3 Exhibit CC - Gaalla v. Brown

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4 Exhibit DD - Gauthier v. Horace Mann

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5 Exhibit EE - Grice v. FMC Techs.

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6 Exhibit FF - Griffin v. Citgo

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7 Exhibit GG - Hall v. Kone

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8 Exhibit HH - Jefferson v. MillerCoors

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9 Exhibit II - Kelley v. KIMC

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10 Exhibit JJ - Knatt v. Hosp. Serv.

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11 Exhibit KK - Mercer v. Arbor E&T

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12 Exhibit LL - Mitchell v. Cresent River

View on PACER

13 Exhibit MM - Montgomer v. Sears

View on PACER

14 Exhibit NN - Muse v. Jazz Casino

View on PACER

15 Exhibit OO - Puente v. Ridge

View on PACER

16 Exhibit PP - Rice v. Spinx Co.

View on PACER

17 Exhibit QQ - Sabzevari v. Reliable Ins.

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18 Exhibit RR - Scott v. Family Dollar

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19 Exhibit SS - Sherman v. Dallas ISD

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20 Exhibit TT - Shollenbarger v. Planes Moving

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21 Exhibit UU - State of Ariz. v. Geo

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22 Exhibit VV - Wallace v. Neiman Marcus

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Aug. 24, 2012

Aug. 24, 2012

PACER
79

Supplemental RESPONSE in Opposition to 32 MOTION to Dismiss 23 Amended Complaint/Counterclaim/Crossclaim etc. MOTION to Dismiss 23 Amended Complaint/Counterclaim/Crossclaim etc., filed by Equal Employment Opportunity Commission. (Wilhite, Connie) (Entered: 09/04/2012)

Sept. 4, 2012

Sept. 4, 2012

PACER
80

Opposed MOTION for Leave to File Surreply by Bass Pro Outdoor World, LLC, Bass Pro, Inc., Tracker Marine, L.L.C., filed. Motion Docket Date 10/4/2012. (Attachments: # 1 Proposed Order, # 2 Exhibit A - Surreply, # 3 Exhibit 1 - E-mails, # 4 Unreported Cases)(Johnston, Michael) (Entered: 09/13/2012)

1 Proposed Order

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2 Exhibit A - Surreply

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3 Exhibit 1 - E-mails

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4 Unreported Cases

View on PACER

Sept. 13, 2012

Sept. 13, 2012

PACER
81

ORDER granting 80 Motion for Leave to File.(Signed by Judge Keith P Ellison) Parties notified.(sloewe) (Entered: 09/13/2012)

Sept. 13, 2012

Sept. 13, 2012

PACER
82

SURREPLY to 79 and 80 Opposed MOTION for Leave to File Surreply, filed by Bass Pro Outdoor World, LLC, Bass Pro, Inc., Tracker Marine, L.L.C.. (Attachments: # 1 Exhibit 1 - E-mails, # 2 Unreported Cases)(Johnston, Michael) Modified on 9/24/2012 (sloewe). (Entered: 09/24/2012)

1 Exhibit 1 - E-mails

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2 Unreported Cases

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Sept. 24, 2012

Sept. 24, 2012

PACER
83

RESPONSE in Opposition to 76 MOTION to Dismiss 61 Amended Complaint/Counterclaim/Crossclaim etc. MOTION to Dismiss 61 Amended Complaint/Counterclaim/Crossclaim etc., filed by Equal Employment Opportunity Commission. (Attachments: # 1 Appendix Table of Exhibits, # 2 Exhibit A, # 3 Exhibit B-Z (unpublished cases), # 4 Proposed Order)(Juge, Gregory) (Entered: 09/28/2012)

1 Appendix Table of Exhibits

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2 Exhibit A

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3 Exhibit B-Z (unpublished cases)

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4 Proposed Order

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Sept. 28, 2012

Sept. 28, 2012

PACER
84

NOTICE of Setting as to 77 Appendix,,,, 79 Response in Opposition to Motion, 83 Response in Opposition to Motion, 76 MOTION to Dismiss 61 Amended Complaint/Counterclaim/Crossclaim etc. MOTION to Dismiss 61 Amended Complaint/Counterclaim/Crossclaim etc., 82 Surreply to Motion, 78 Appendix,,,,. Parties notified. Motion Hearing set for 10/15/2012 at 10:30 AM in Courtroom 3A Houston before Judge Keith P Ellison, filed. (sloewe) (Entered: 10/02/2012)

Oct. 2, 2012

Oct. 2, 2012

PACER
85

Unopposed MOTION for Continuance of Hearing Set for October 15, 2012 by Equal Employment Opportunity Commission, filed. Motion Docket Date 10/24/2012. (Attachments: # 1 Proposed Order)(Juge, Gregory) (Entered: 10/03/2012)

1 Proposed Order

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Oct. 3, 2012

Oct. 3, 2012

PACER
86

NOTICE of Setting as to 77 Appendix,,,, 76 MOTION to Dismiss 61 Amended Complaint/Counterclaim/Crossclaim etc. MOTION to Dismiss 61 Amended Complaint/Counterclaim/Crossclaim etc., 82 Surreply to Motion, 79 Response in Opposition to Motion, 83 Response in Opposition to Motion, 78 Appendix, 60 Motion for Reconsideration,,,. Parties notified. Motion Hearing set for 10/22/2012 at 10:30 AM in Courtroom 3A Houston before Judge Keith P Ellison, filed. (sloewe) Modified on 10/4/2012 (bthomas, ). (Entered: 10/03/2012)

Oct. 3, 2012

Oct. 3, 2012

PACER
87

ORDER SETTING HEARING. Motion-related deadline set re: 60 MOTION for Reconsideration of 53 Memorandum and Order. Motion Hearing set for 10/22/2012 at 10:30 AM in Courtroom 3A before Judge Keith P Ellison. (Signed by Judge Keith P Ellison). The parties may appear by telephone by calling the Court's dial-in number at 713-250-5238. Parties notified.(bthomas) (Entered: 10/04/2012)

Oct. 4, 2012

Oct. 4, 2012

PACER
88

REPLY in Support of 76 MOTION to Dismiss 61 Amended Complaint/Counterclaim/Crossclaim etc. MOTION to Dismiss 61 Amended Complaint/Counterclaim/Crossclaim etc., filed by Bass Pro Outdoor World, LLC, Bass Pro, Inc., Tracker Marine, L.L.C.. (Attachments: # 1 Appendix, # 2 A - Apsley v. Boeing Co., # 3 B - Barrientos v. City of Eagle Pass, # 4 C - Bolden v. Walsh Constr., # 5 D - EEOC v. Carolls Corp., # 6 E - EEOC v. Hotspur Resorts, # 7 F - EEOC v. O'Reilly Auto., # 8 G - EEOC v. Texas Roadhouse, # 9 H - EEOC v. Turtle Creek, # 10 I - EEOC v. UPS, # 11 J - Gaalla v. Brown, # 12 K - Knatt v. Hosp. Serv., # 13 L - Mercer v. Arbor E&T)(Johnston, Michael) (Entered: 10/09/2012)

1 Appendix

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2 A - Apsley v. Boeing Co.

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3 B - Barrientos v. City of Eagle Pass

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4 C - Bolden v. Walsh Constr.

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5 D - EEOC v. Carolls Corp.

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6 E - EEOC v. Hotspur Resorts

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7 F - EEOC v. O'Reilly Auto.

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8 G - EEOC v. Texas Roadhouse

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9 H - EEOC v. Turtle Creek

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10 I - EEOC v. UPS

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11 J - Gaalla v. Brown

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12 K - Knatt v. Hosp. Serv.

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13 L - Mercer v. Arbor E&T

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Oct. 9, 2012

Oct. 9, 2012

PACER
89

MOTION for Tanya L. Goldman to Appear Pro Hac Vice by Equal Employment Opportunity Commission, filed. Motion Docket Date 11/5/2012. (Bowne, Timothy) (Entered: 10/15/2012)

Oct. 15, 2012

Oct. 15, 2012

PACER
91

ORDER granting 89 Motion to Appear Pro Hac Vice Tanya Goldman.(Signed by Judge Keith P Ellison) Parties notified.(bthomas) (Entered: 10/18/2012)

Oct. 16, 2012

Oct. 16, 2012

PACER
90

Agreed MOTION for Leave to File Sur-reply in Opposition to Defendants' Motion to Dismiss Second Amended Complaint by Equal Employment Opportunity Commission, filed. Motion Docket Date 11/7/2012. (Attachments: # 1 Proposed Order, # 2 Sur-reply)(Juge, Gregory) (Entered: 10/17/2012)

1 Proposed Order

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2 Sur-reply

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Oct. 17, 2012

Oct. 17, 2012

PACER
92

ORDER granting 90 Motion for Leave to File a Sur-Reply.(Signed by Judge Keith P Ellison) Parties notified.(bthomas) (Entered: 10/19/2012)

Oct. 19, 2012

Oct. 19, 2012

PACER
93

SURREPLY to 76 MOTION to Dismiss 61 Amended Complaint/Counterclaim/Crossclaim etc., filed by Equal Employment Opportunity Commission. (bthomas) (Entered: 10/19/2012)

Oct. 19, 2012

Oct. 19, 2012

PACER
94

Minute Entry for proceedings held before Judge Keith P Ellison. MOTION HEARING held on 10/22/2012. Motion to Reconsider 60 is denied. Matter taken under advisement. Exhibits admitted. Appearances:Jona McCormick. Samuel M Matchett, Michael W Johnston, Konrad Batog, Gregory T. Juge.(Court Reporter: J. Sanchez), filed.(bthomas). (Additional attachment(s) added on 10/22/2012: # 1 Defendant's Exh. 1) (bthomas, ). (Entered: 10/22/2012)

1 Defendant's Exh. 1

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Oct. 22, 2012

Oct. 22, 2012

PACER
95

MEMORANDUM AND ORDER (Signed by Judge Keith P Ellison) Parties notified.(sloewe) Modified on 10/29/2012 (sloewe). (Entered: 10/23/2012)

Oct. 23, 2012

Oct. 23, 2012

RECAP
96

SURREPLY to 76 MOTION to Dismiss 61 Amended Complaint/Counterclaim/Crossclaim etc. MOTION to Dismiss 61 Amended Complaint/Counterclaim/Crossclaim etc., filed by Bass Pro Outdoor World, LLC, Tracker Marine, L.L.C.. (Attachments: # 1 Appleberry v. Fort Worth ISD)(Johnston, Michael) (Entered: 10/25/2012)

1 Appleberry v. Fort Worth ISD

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Oct. 25, 2012

Oct. 25, 2012

PACER
97

APPEAL TRANSCRIPT re Motion to Reconsider held on October 22, 2012 before Judge Keith P Ellison. Court Reporter J. Sanchez. Release of Transcript Restriction set for 3/20/2013., filed. (jsanchez, ) (Entered: 12/20/2012)

Dec. 20, 2012

Dec. 20, 2012

PACER
98

Notice of Filing of Official Transcript as to 97 Transcript - Appeal. Party notified, filed. (ltien, ) (Entered: 12/21/2012)

Dec. 21, 2012

Dec. 21, 2012

PACER
99

MEMORANDUM AND ORDER GRANTING IN PART AND DENYING IN PART 76 MOTION to Dismiss 61 Amended Complaint/Counterclaim/Crossclaim etc. MOTION to Dismiss 61 Amended Complaint/Counterclaim/Crossclaim etc. (Signed by Judge Keith P Ellison) Parties notified.(sloewe ) (Entered: 03/18/2013)

March 18, 2013

March 18, 2013

RECAP
100

NOTICE of Appearance by Carolyn Cain Burch on behalf of Bass Pro Outdoor World, LLC, Tracker Marine, L.L.C., filed. (Burch, Carolyn) (Entered: 03/25/2013)

March 25, 2013

March 25, 2013

PACER

Case Details

State / Territory: Texas

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 21, 2011

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

EEOC filing, as a result of a charge filed by a member of the Commission, on behalf of black and Hispanic individuals who were denied employment in hourly and salaried positions at Bass Pro Outdoor World, LLC, and on behalf of recipients of retaliation.

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Bass Pro Outdoor World, LLC, Private Entity/Person

Tracker Marine Retail, LLC, Private Entity/Person

Defendant Type(s):

Retailer

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $10,500,000.00

Order Duration: 2017 - 2021

Content of Injunction:

Hire

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Follow recruitment, hiring, or promotion protocols

Comply with advertising/recruiting requirements

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Recordkeeping

Goals (e.g., for hiring, admissions)

Training

Issues

General:

Pattern or Practice

Record-keeping

Retaliation

Discrimination-area:

Disparate Impact

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Hiring

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Promotion

Testing

Discrimination-basis:

National origin discrimination

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits

National Origin/Ethnicity:

Hispanic