Case: Sami Martinez v. North Central Supply, Inc.

EEOC & Sami Martinez v. North Central Supply, Inc.

EEOC v. North Central Supply, Inc.

EEOC & Sami Martinez v. North Central Supply, Inc.

EEOC & Sami Martinez v. North Central Supply, Inc.

EEOC & Sami Martinez v. North Central Supply, Inc.

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT with Jury Demand. 0 Summons(es) issued - , filed by Equal Employment Opportunity Commission.(RCL, ) (Entered: 09/17/2003)

CIVIL COVER SHEET (RCL, ) (Entered: 09/17/2003)

MOTION to Intervene by Sami Martinez. (CLM, ) (Entered: 09/29/2003)

BRIEF Support re 3 MOTION to Intervene filed by Sami Martinez. (CLM, ) (Entered: 09/29/2003)

WAIVER OF SERVICE Returned Executed filed by Equal Employment Opportunity Commission. North Central Supply, Inc. executed waiver on 10/16/2003, answer due 12/15/2003. (JLH, ) (Entered: 11/05/2003)

ORDER granting 3 Motion to Intervene . Signed by Judge Richard H. Battey on 11/20/03. (RCL, ) (Entered: 11/20/2003)

INTERVENOR COMPLAINT with Jury Trial Demand, filed by Sami Martinez.(JLH, ) (Entered: 11/25/2003)

Intervenor Complaint Summons Issued as to North Central Supply, Inc. Fur 1 copy to Atty Knudsen for service (JLH, ) (Entered: 11/25/2003)

Corrected waiver of service filed by Equal Employment Opportunity Commission. (MWT) (Entered: 11/28/2003)

ANSWER to Complaint with Jury Demand by North Central Supply, Inc.(JLH, ) (Entered: 12/02/2003)

ORDER For Form 35 Report and Scheduling Information. Signed by Judge Richard H. Battey on 12/3/03. (BBH, ) (Entered: 12/03/2003)

SUMMONS Returned Executed by Sami Martinez. North Central Supply, Inc. served on 12/2/2003. (RCL, ) (Entered: 12/05/2003)

ANSWER to Intervenor Complaint by North Central Supply, Inc.(JLH, ) (Entered: 12/26/2003)

FORM 35 REPORT of Parties Planning Meeting re 10 Order for Form 35. (BBH, ) (Entered: 02/06/2004)

SCHEDULING ORDER: Discovery due by 9/1/2004. Motions due by 10/1/2004 signed by Judge Richard H. Battey on 2/9/04. (BBH, ) (Entered: 02/09/2004)

Confirmation of mailing NOE to non-ecf counsel (BBH, ) (Entered: 02/09/2004)

NOTICE to Take Deposition of Mike Titus (Knudsen, Donald) (Entered: 08/18/2004)

NOTICE to Take Deposition of Ron Colerick (Knudsen, Donald) (Entered: 08/18/2004)

NOTICE to Take Deposition of Jerry Baragar (Knudsen, Donald) (Entered: 08/18/2004)

NOTICE of Filing Error: Notice to Take Deposition16 FILED IN ERROR - Signature of attorney was omitted - (Knudsen, Donald) Modified Docket Text on 8/20/2004 (RCL, ). (Entered: 08/19/2004)

NOTICE to Take Deposition of Mike Titus (Knudsen, Donald) (Entered: 08/19/2004)

NOTICE to Take Deposition of Kay Bull Bear (Nooney, John) (Entered: 08/19/2004)

NOTICE to Take Deposition of Sami Martinez (Nooney, John) (Entered: 08/19/2004)

APPLICATION for Writ of Habeas Corpus Ad Testificandum - Kay Bull Bear by North Central Supply, Inc.. (Nooney, John) (Entered: 08/19/2004)

APPLICATION for Writ of Habeas Corpus Ad Testificandum - Sami Martinez by North Central Supply, Inc.. (Nooney, John) (Entered: 08/19/2004)

NOTICE of Filing Error: Notice to Take Deposition22, Application for Writ23 filed by North Central Supply, Inc., Application for Writ24 filed by North Central Supply, Inc., Notice to Take Deposition21 FILED IN ERROR-SIGNATURE INCORRECT; DOCUMENTS HAVE BEEN REFILED; SEE 26 27 28 29 (RCL, ) (Entered: 08/20/2004)

NOTICE of Appearance by Gregory J. Bernard on behalf of North Central Supply, Inc. (Bernard, Gregory) (Entered: 08/20/2004)

NOTICE to Take Deposition of Kay Bull Bear (Bernard, Gregory) (Entered: 08/20/2004)

NOTICE to Take Deposition of Sami Martinez (Bernard, Gregory) (Entered: 08/20/2004)

APPLICATION for Writ of Habeas Corpus Ad Testificandum - Kay Bull Bear by North Central Supply, Inc.. (Bernard, Gregory) (Entered: 08/20/2004)

APPLICATION for Writ of Habeas Corpus Ad Testificandum - Sami Martinez by North Central Supply, Inc.. (Bernard, Gregory) (Entered: 08/20/2004)

CERTIFICATE Certificate of Service by North Central Supply, Inc.. (Attachments: # 1)(Bernard, Gregory) (Entered: 08/20/2004)

ORDER denying re 28 Application for Writ as to Kay Bull Bear filed by North Central Supply, Inc.; and denying re 29 Application for Writ as to Sami Martinez filed by North Central Supply, Inc. signed by Judge Richard H. Battey on August 23, 2004. (JLH, ) (Entered: 08/23/2004)

Amended NOTICE to Take Deposition of Sami Martinez (Nooney, John) (Entered: 08/26/2004)

Amended NOTICE to Take Deposition of Marvallen K. Bull Bear (Nooney, John) (Entered: 08/26/2004)

STIPULATION for Extension of Time by North Central Supply, Inc.. (Nooney, John) (Entered: 08/30/2004)

NOTICE of Filing Error: Motion to Extend34 filed by North Central Supply, Inc. FILED IN ERROR (Nooney, John) (Entered: 08/31/2004)

MOTION to Extend Time by North Central Supply, Inc.. (Nooney, John) (Entered: 08/31/2004)

ORDER granting 36 Motion to Extend . Signed by Judge Richard H. Battey on 8/31/04. (RCL, ) (Entered: 08/31/2004)

AFFIDAVIT of Service for Amended Subpoena served on Duane Russell for Marvallen K. Bull Bear on August 23, 2004, filed by North Central Supply, Inc.. (Nooney, John) (Entered: 09/09/2004)

CERTIFICATE OF SERVICE by North Central Supply, Inc. (Attachments: # 1)(Nooney, John) (Entered: 09/09/2004)

SCHEDULING ORDER: Pretrial Conference set for 3/22/2005 09:00 AM in RC 2nd Floor Courtroom before Senior Judge Richard H. Battey Jury Trial set for 3/29/2005 09:00 AM in RC 2nd Floor Courtroom before Senior Judge Richard H. Battey signed by Judge Richard H. Battey on 12/15/04. (CLM, ) (Entered: 12/15/2004)

First MOTION for Settlement Conference by Sami Martinez. (Knudsen, Donald) (Entered: 02/24/2005)

NOTICE of Settlement Conference and Settlement Conference ORDER; settlement conference scheduled 03/15/05 at 9 a.m.; submissions due within 10 days prior to the conference signed by Judge Marshall P. Young on March 4, 2005. (JLH, ) (Entered: 03/04/2005)

PRETRIAL MEMORANDUM by North Central Supply, Inc.. (Attachments: # 1 Motion in Limine re: testimony# 2 Motion in Limine re: Probable Cause# 3 Proposed Jury Instructions)(Nooney, John) (Entered: 03/15/2005)

APPLICATION for Writ of Habeas Corpus Ad Testificandum for Marvallen Kay Bull Bear by Sami Martinez. (Knudsen, Donald) (Entered: 03/15/2005)

PRETRIAL MEMORANDUM by Sami Martinez, Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Proposed Jury Instructions# 2 Exhibit Motion in Limine and supporting Memorandum)(Knudsen, Donald) (Entered: 03/15/2005)

MOTION for Leave to Amend Pretrial Conference Checklist by North Central Supply, Inc.. (Nooney, John) (Entered: 03/16/2005)

WRIT of Habeas Corpus Ad Testificandum. Signed by Judge Richard H. Battey on 3/17/05. Delivered certified copies of application and writ to USM. (JMM, ) (Entered: 03/17/2005)

AMENDED DOCUMENT by North Central Supply, Inc.. Amendment to 43 Pretrial Memorandum. (Nooney, John) (Entered: 03/17/2005)

First MOTION to Dismiss Counts II and III of Complaint and Demand for Jury Trial by Sami Martinez. (Knudsen, Donald) (Entered: 03/17/2005)

REPLY to 45 Pretrial Memorandum In Opposition to Motion in Limine Regarding Sexual Preference filed by North Central Supply, Inc.. (Nooney, John) (Entered: 03/17/2005)

NOTICE OF READING MIKE TITUS' DEPOSITION TRANSCRIPT INTO THE RECORD DURING TRIAL by Sami Martinez (Attachments: # 1 Deposition Transcript of Michael Titus# 2 Exhibit 1: 2001 Attendance Controller - Sami Martinez # 3 Exhibit 2: Termination Report - Sami Martinez# 4 Exhibit 3: Termination Report Auguie Martinis# 5 Exhibit 4: 2001 Attendance Controller - Auguie Martines# 6 Exhibit 5: Termination Report - Bruce Clark# 7 Exhibit 6: Termination Report Daniel Escandon# 8 Exhibit 7: Termination Report Andel Lawrence# 9 Exhibit 8: Notes)(MWT, ) (Entered: 03/18/2005)

First MOTION to Seal Document [52] Reply by Sami Martinez. (Knudsen, Donald) (Entered: 03/18/2005)

First MOTION Allow Witness to Wear Street Clothes at Trial by Sami Martinez. (Knudsen, Donald) (Entered: 03/18/2005)

AMEDED WRIT OF Habeas Corpus Ad Testificandum. signed by Judge Richard H. Battey on 03-18-05. (MWT, ) (Entered: 03/18/2005)

MOTION IN LIMINE: by North Central Supply, Inc.. (Attachments: # 1 Affidavit of Ron Colerick)(Nooney, John) (Entered: 03/21/2005)

MOTION IN LIMINE: by North Central Supply, Inc.. (Nooney, John) (Entered: 03/21/2005)

MEMORANDUM in Opposition re 57 MOTION IN LIMINE: filed by Sami Martinez. (Knudsen, Donald) (Entered: 03/21/2005)

AFFIDAVIT of Daniel E. Ashmore re 59 Memorandum in Opposition to Motion. (Knudsen, Donald) (Entered: 03/21/2005)

AFFIDAVIT of Donald P. Knudsen re 59 Memorandum in Opposition to Motion. (Knudsen, Donald) (Entered: 03/21/2005)

RESPONSE to [52] Reply filed by Sami Martinez. (Knudsen, Donald) (Entered: 03/21/2005)

REPLY to 43 Pretrial Memorandum filed by Sami Martinez. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Knudsen, Donald) (Entered: 03/21/2005)

First MOTION to Dismiss Additional Count of Complaint by Sami Martinez. (Knudsen, Donald) (Entered: 03/21/2005)

SUBPOENA for Steve Hickens returned (BBH, ) (Entered: 03/22/2005)

SUBPOENA for Sean Nichols returned (BBH, ) (Entered: 03/22/2005)

Pretrial Conference held on 3/22/2005 before Judge Richard H. Battey (Court Reporter Tringie Holt) (JLH, ) (Entered: 03/22/2005)

ORDER rescinding re 56 Amended Writ of Habeas COrpus Ad Testificandum signed by Judge Richard H. Battey on March 23, 2005. Fur. 3 c. copies to USMS, for service(JLH, ) Modified on 3/23/2005 to correct above entry mailing 3 c. copies to Warden, SD Womens Prison, 3200 E. Hwy 34, Suite 1, Pierre, SD 57501(JLH, ). (Entered: 03/23/2005)

BRIEFING SCHEDULE re 57 Motion In Limine to Disqualify Plaintiff's Counsel: Plaintiff shall serve and file a responsive brief by 4/19/2005. defendant shal file a reply brief within 15 days of the filing of plaintiff's responsive brief. signed by Judge Richard H. Battey on March 23, 2005. (JLH, ) (Entered: 03/23/2005)

ORDER granting pllaintiff Sami Martinez' 54 Motion to Seal Document [52] Reply Brief in Support of its opposition to hermotion in limine regarding sexual preference. Signed by Judge Richard H. Battey on March 23, 2005. (JLH, ) (Entered: 03/23/2005)

SUBPOENA for Nancy J. Old Bull returned (JLH, ) (Entered: 03/25/2005)

SUBPOENA for Ray Falk returned (Attachments: # 1 Hughes County Sheriff's Office Return of Service)(BBH, ) (Entered: 04/06/2005)

First MOTION for Leave to Withdraw as Legal Counsel by Sami Martinez. (Knudsen, Donald) (Entered: 04/11/2005)

RESPONSE to Motion re 57 MOTION IN LIMINE: filed by Sami Martinez. (Knudsen, Donald) (Entered: 04/11/2005)

ORDER granting 57 Motion in Limine re: Disqualification of Plaintiff's Counsel, granting 74 Motion for Leave to withdraw . Signed by Judge Richard H. Battey on 4/12/2005. (BBH, ) (Entered: 04/12/2005)

REPLY to 74 Motion for Leave to Withdraw as Legal Counsel filed by North Central Supply, Inc.. (Nooney, John) (Entered: 04/12/2005)

NOTICE of Appearance by Michael William Strain on behalf of Sami Martinez (DLC) (Entered: 04/20/2005)

ORDER signed by Judge Richard H. Battey on April 21, 2005. Plaintiff's Counsel shall notify the Court within 10 days of when he will be ready for trial.(DLC) (Entered: 04/21/2005)

NOTICE of Appearance by Kim R. Rogers on behalf of Equal Employment Opportunity Commission (Rogers, Kim) (Entered: 04/21/2005)

DECLARATION of Michael W. Strain re 79 Order regarding available trial times. (JLH, ) (Entered: 05/03/2005)

WRIT of of Habeas Corpus ad Testificandum Returned Unexecuted as to Marvallen Kay Bull Bear. (SST, ) Modified on 6/22/2005 (SST, ). (Entered: 06/21/2005)

SCHEDULING ORDER: Pretrial Conference set for 9/27/2005 09:00 AM in RC 2nd Floor Courtroom before Senior Judge Richard H. Battey. Jury Trial set for 10/4/2005 09:00 AM in RC 3rd Floor Courtroom before Senior Judge Richard H. Battey. Signed by Judge Richard H. Battey on 7/20/2005. (BBH, ) (Entered: 07/20/2005)

Notice of Settlement Conference and Settlement Conference Order. Signed by Judge Marshall P. Young on 08/30/05. (MWT, ) (Entered: 08/30/2005)

CONSENT to Decree by Defendant North Central Supply, Inc.. (Attachments: # 1 Attachment A, Notice to Employees)(Bernard, Gregory) Modified on 9/13/2005 to add description of attachment (BBH, ). (Entered: 09/12/2005)

STIPULATION of Dismissal as to Plaintiff EEOC's Complaint Pursuant to Consent Decree by North Central Supply, Inc.. (Bernard, Gregory) (Entered: 09/12/2005)

JUDGMENT OF DISMISSAL WITH PREJUDICE as to Equal Employment Opportunity Commission, dismissed pursuant to Consent Decree on its merits, with prejudice, and without further notice or costs to any party. Signed by Judge Richard H. Battey on 9/14/2005. (BBH, ) (Entered: 09/15/2005)

MOTION to Continue by North Central Supply, Inc.. (Nooney, John) (Entered: 09/15/2005)

AFFIDAVIT of John K. Nooney re 94 MOTION to Continue. (Nooney, John) (Entered: 09/15/2005)

STIPULATION re 94 MOTION to Continue by North Central Supply, Inc.. (Nooney, John) (Entered: 09/15/2005)

ORDER that prior counsel of record for plaintiff Sami Martinez submit an itemized statement to support any claim for attorneys fees. Signed by Judge Andrew W. Bogue on 09/16/05. (MWT, ) (Entered: 09/16/2005)

SCHEDULING ORDER: Pretrial Conference set for 11/22/2005 11:00 AM in RC 2nd Floor Courtroom before Senior Judge Richard H. Battey. Jury Trial set for 11/29/2005 09:00 AM in RC 2nd Floor Courtroom before Senior Judge Richard H. Battey. Signed by Judge Richard H. Battey on 9/19/2005. (BBH, ) (Entered: 09/19/2005)

MOTION to Continue by North Central Supply, Inc.. (Nooney, John) (Entered: 09/26/2005)

AFFIDAVIT of John K. Nooney re 101 MOTION to Continue. (Nooney, John) (Entered: 09/26/2005)

Set Deadlines/Hearings: Pretrial Submissions due 01/10/06; Final Pretrial Conference set for 1/18/2006 at 9:00 AM in RC 2nd Floor Courtroom before Senior Judge Richard H. Battey. Jury Trial set for 1/24/2006 at 9:00 AM in RC 2nd Floor Courtroom before Senior Judge Richard H. Battey. (JLH, ) (Entered: 10/06/2005)

MOTION to Seal Document (Exhibit G to the Affidavit of Donald P. Knudsen in Support of Attorney Fee Request), by Donald Knudsen on behalf of plaintiff, Sami Martinez. (JLH, ) (Entered: 10/11/2005)

ORDER denying 105 Motion to Seal Document. Signed by Judge Richard H. Battey on 10/11/05. (SST, ) (Entered: 10/11/2005)

RESPONSE to 97 Order to Submit Itemized Statement in Support of Attorney's Fee Request filed by Sami Martinez. (Attachments: # 1 Affidavit of Donald P. Knudsen; # 2 Exhibit A - CV of Donald P. Knudsen; # 3 Exhibit B - List of Reported and Unpublished Decisions; # 4 Exhibit C - Cases resulting in petitions for certiorari; # 5 Exhibit D - Eighth Circuit cases; # 6 Exhibit E - Federal Court cases; # 7 Exhibit F - South Dakota Supreme Court cases; # 8 Itemized Interim Statement; # 9 Affidavit of Thomas E. Simmons; # 10 Exhibit A - CV of Thomas E. Simmons; # 11 Affidavit of Becky M. Purnington; # 12 Exhibit A - Diploma awarded to Becky Purington; # 13 Exhibit B - Certificate awarded to Becky Purnington; # 14 Affidavit of Jane Wipf Pfeifle; # 15 Affidavit of Michael W. Strain)(SST, ) Modified on 10/17/2005 (SST, ). (Entered: 10/11/2005)

MEMORANDUM in Support of Submission Regarding Attorneys' Fees filed by Sami Martinez. (Attachments: # 1 Exhibit A - Rifenberick v. Porter Apple Co. - opinion; # 2 Exhibit B - Moysis v. DTG Datanet, Inc. - opinion; # 3 Exhibit C - Waner v. Ford Motor Company - opinion; # 4 Exhibit D - Jay Shultz web page; # 5 Exhibit E - Emery v. Hunt - order; # 6 Exhibit E - Emery v. Hunt - Declaration of Patrick Duffy; # 7 Exhibit E - Emery v. Hunt - brief; # 8 Exhibit F - Bone Shirt v. Hazeltine - order; # 9 Exhibit F - Bone Shirt v. Nelson - Declaration of Bryan Sells; # 10 Exhibit G - Hanig v. Lee - order; # 11 Exhibit G - Affidavit of Kenneth Dewell; # 12 Exhibit G - Hanig v. Lee - Eighth Circuit opinion; # 13 Exhibit H - Hansen v. Actuarial - order; # 14 Exhibit I - Bone Shirt v. Nelson - Declaration of Patrick Duffy; # 15 Exhibit I - Bone Shirt v. Nelson - Declaration of Patrick Duffy; # 16 Exhibit J - Bone Shirt v. Nelson - Declaration of Mike Abourezk; # 17 Exhibit J - Torres v. Unum - Affidavit of Gregory Eiesland; # 18 Exhibit J - Kukla v. Hulm - Affidavit of Kenneth Dewell; # 19 Exhibit J - Hansen v. Actuarial - Affidavit of James Leach)(SST, ) Additional attachment(s) added on 10/12/2005 (SST, ). (Entered: 10/11/2005)

REPLY In opposition to 108 Response to 97 Order to Submit Itemized Statement in Support of Attorney's Fee Request filed by North Central Supply, Inc. (Attachments: # 1 Affidavit of Michael P. Reynolds)(JLH, ) (Entered: 11/03/2005)

ORDER re 108 Response filed by Sami Martinez. Signed by Judge Richard H. Battey on 11/8/05. (SST, ) (Entered: 11/08/2005)