Case: EEOC v. INTERNATIONAL PROFIT ASSOCIATES INC and ARNOLD & SONS PLUMBING-HEATING-AIR CONDITIONING INC

EEOC v. International Pro, et al

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT (summons(es) issued) case referred to Mag. Judge John A. Gorman (CAD, ilcd) (Entered: 10/26/2001)

ANSWER TO COMPLAINT by defendant Arnold & Sons Plumb; jury demand (CAD, ilcd) (Entered: 10/26/2001)

ANSWER/AFFIRMATIVE DEFENSES by defendant International Pro; jury demand (CAD, ilcd) (Entered: 10/26/2001)

FIRST AMENDED COMPLAINT by plaintiff Equal Employment Opp; jury demand [1-1] (CAD, ilcd) (Entered: 10/26/2001)

LETTER to all counsel advising of new case number in Peoria Division 01-1425. (CAD, ilcd) (Entered: 10/26/2001)

MINUTE-ENTRY: by Mag. Judge John A. Gorman: Initial pretrial/ Rule 16 conference set at 10:00 a.m. on Tuesday, 11/27/01 in person. Rule 16 notice enclosed. Plaintiff to notify the defendant of hearing. (cc: all counsel) (CAD, ilcd) (Entered: 10/29/2001)

AGREED MOTION by plaintiff, intervenor-plaintiff, defendants for protective order (CL, ilcd) (Entered: 11/06/2001)

STIPULATED PROTECTIVE ORDER by Mag. Judge John A. Gorman : granting motion for protective order [22-1]. (cc: all counsel) (CL, ilcd) (Entered: 11/06/2001)

MINUTE-ENTRY: by Mag. Judge John A. Gorman: At the request of all parties the Rule 16 conference previously set at 10:00 a.m. on 11/27/01 is reset to 1:30 p.m. on Thursday, 12/6/01 by phone. Court to set up the call. (cc: all counsel) (CAD, ilcd) (Entered: 11/14/2001)

MOTION by plaintiff Equal Employment Opp to compel (CAD, ilcd) (Entered: 11/16/2001)

RESPONSE by defendant Arnold & Sons Plumb to EEOC'S motion to compel [24-1] (CAD, ilcd) (Entered: 12/05/2001)

NOTICE of service of discovery documents by defendant Arnold & Sons Plumb (HK, ilcd) (Entered: 12/05/2001)

PROPOSED SCHEDULING ORDER AND DISCOVERY PLAN filed by plaintiff Equal Employment Opp, intervenor-plaintiff Lynn Zachman, defendants International Pro, Arnold & Sons Plumb (CAD, ilcd) (Entered: 12/06/2001)

MINUTE-ENTRY: by Mag. Judge John A. Gorman. Attys Smason and Szromba/Ryan/Smith/Cherry for Rule 16 hearing at 1:30 on Thursday, 12/6/01. Discussion held re: motion to compel #24. Motion to compel #24 is moot. Case set for discovery ddl 8/12/02, motion filing ddl 9/16/02, final pretrial conference at 2:30 on Thursday, 12/19/02 (meet with the law clerk at 1:30 for jury instruction conferene); jury trial set for 9:00 on 1/13/03 both in person in Peoria before Chief Judge McDade. Proposed discovery plan approved with changes. (cc: all counsel) (KB, ilcd) Modified on 12/07/2001 (Entered: 12/07/2001)

MOTION by defendant International Pro for summary judgment (CAD, ilcd) (Entered: 12/14/2001)

MOTION by defendant Arnold & Sons Plumb to withdraw attorney Daniel K Ryan (CAD, ilcd) (Entered: 12/19/2001)

ORDER by Chief Judge Joe B. McDade granting motion to withdraw attorney Daniel K Ryan [29-1]; terminating attorney Daniel K Ryan for Arnold & Sons Plumb (cc: all counsel) (SH, ilcd) (Entered: 12/20/2001)

JOINT RESPONSE by plaintiff Equal Employment Opp, and intervenor-plaintiff Lynn Zachman to Defendant International Profit Associates, Inc.'s Motion for Summary Judgment [28-1](CAD, ilcd) Modified on 01/04/2002 (Entered: 01/04/2002)

NOTICE of Filing by plaintiff Equal Employment Opp, and intervenor-plaintiff Lynn Zachman in re: Joint Response to Defendant International Profit Associates, Inc.'s Motion for Summary Judgment (CAD, ilcd) (Entered: 01/04/2002)

LETTER to Clerk from Kingery Duree Wakeman and Ryan, Assoc. dated 1/9/02 with original affidavit of Lynn Zachman. (CAD, ilcd) Modified on 01/14/2002 (Entered: 01/11/2002)

REPLY by defendant International Pro in support of its motion for summary judgment [28-1] (CAD, ilcd) (Entered: 01/16/2002)

CERTIFICATE OF COMPLIANCE WITH FEDERAL RULE OF CIVIL PROCEDURE 26(a) by plaintiff Equal Employment Opp (CAD, ilcd) (Entered: 01/23/2002)

CERTIFICATE OF COMPLIANCE WITH FEDERAL RULE OF CIVIL PROCEDURE 26(a) by intervenor-plaintiff Lynn Zachman (CAD, ilcd) (Entered: 01/24/2002)

MOTION by defendant Arnold & Sons Plumb to compel (CAD, ilcd) (Entered: 03/07/2002)

NOTICE OF SERVICE OF DISCOVERY DOCUMENTS by intervenor-plaintiff Lynn Zachman (CAD, ilcd) (Entered: 03/25/2002)

MOTION by defendant International Pro to stay discovery and to extend the fact discovery cutoff date (HK, ilcd) (Entered: 04/08/2002)

RESPONSE by defendant Arnold & Sons Plumb to IPA's motion to stay discovery [39-1], motion to extend the fact discovery date [39-2] (HK, ilcd) (Entered: 04/08/2002)

ORDER by Chief Judge Joe B. McDade: Before the Court is Defendant International Profit Associates, Inc.'s Motion to Stay Discovery and Extend the Fact Discovery Cutoff Date [39-1,2]. The Court will stay discovery until it has ruled on Defendant International Profit Associates, Inc.'s Motion for Summary Judgment [28-1] and extend that fact discovery date to a date 90 days after the disposition of the Motion for Summary Judgment. Accordingly, the original fact discovery deadline of July 31, 2002 is vacated . (cc: all counsel) (CAD, ilcd) (Entered: 04/18/2002)

ORDER by Chief Judge Joe B. McDade: IT IS THEREFORE ORDERED that Defendant IPA's Motion for Summary Judgment [28-1] is GRANTED. IT IS FURTHER ORDERED that Defendant IPA is dismissed as a party to this case and that the stay on discovery ordered in the Court's Order of April 18, 2002 [41-1] is hereby vacated. Discovery is to be extended to 90 days after the entry of this Order. Discovery ddl set 8/8/02 . This case is referred back to Mag. Judge John A. Gorman for further proceedings. (cc: all counsel) (CAD, ilcd) (Entered: 05/13/2002)

ORDER by Mag. Judge John A. Gorman: The supplemental scheduling conference and a hearing on the motion to compel [37-1] is set for Tuesday, June 4, 2002, at 2:30 p.m. by telephone. The court will place the call. If plaintiffs intend to respond to the motion to compel, their response is to be filed on or before May 27, 2002. (cc: all counsel) (CAD, ilcd) (Entered: 05/16/2002)

RESPONSE by intervenor-plaintiff Lynn Zachman to motion to compel [37-1] (RK, ilcd) Modified on 06/06/2002 (Entered: 05/23/2002)

MOTION by intervenor-plaintiff Lynn Zachman to stay discovery (CAD, ilcd) (Entered: 06/06/2002)

ATTORNEY APPEARANCE by Lee Smith, Stephen Morris and Kathy Murphy for defendant Arnold & Sons Plumb (RK, ilcd) (Entered: 05/31/2002)

RESPONSE by defendant Arnold & Sons Plumb to motion to stay discovery [44-1] and Reply to Response to Motion to Compel (RK, ilcd) Modified on 06/06/2002 (Entered: 05/31/2002)

REPLY by defendant Arnold & Sons Plumb to Response to Motion to Compel [44-1] (RK, ilcd) (Entered: 05/31/2002)

MINUTE-ENTRY: by Mag. Judge John A. Gorman: Parties present via phone by attorneys Smason/Szromba/Ryan/Smith for motion hearing held at 2:30 p.m. on Tuesday, 6/4/02. Motion to compel [37-1] is granted. Motion to stay discovery [44-1] is deferred until telephone status conference set at 1:30 p.m. on Friday, 7/12/02 , at which time the status of the appeal deadline and a supplemental discovery conference will be discussed. All current discovery deadlines are vacated until further order. (cc: all counsel) (CAD, ilcd) (Entered: 06/06/2002)

MINUTE-ENTRY: by Mag. Judge John A. Gorman. Parties present by phone by Attys Smason/Ryan/Smith for Telephone Status conference held at 1:30 p.m. on 7/12/02 . Same held. Oral motion by plaintiff for leave to amend pleading, GRANTED. Plaintiff to file amend pleading on or before 7/31/02 . Upon filing of answer or responsive pleading, Court will set Rule 16 and other necessary deadlines. (cc: all counsel) (RK, ilcd) (Entered: 07/12/2002)

AMENDED COMPLAINT by intervenor-plaintiff Lynn Zachman; jury demand [15-1], [1-1]; adding Gary M Dickhaus (SH, ilcd) (Entered: 07/31/2002)

NOTICE OF LAWSUIT ; Waiver(s) of Service due on 8/30/02 for Gary M Dickhaus (SH, ilcd) (Entered: 07/31/2002)

MINUTE-ENTRY: by Mag. Judge John A. Gorman finding the motion to stay discovery [44-1] moot. (cc: all counsel) (HK, ilcd) (Entered: 08/15/2002)

MOTION by defendant International Pro, defendant Gary M Dickhaus to dismiss plaintiff's amended complaint and supporting memorandum (SH, ilcd) (Entered: 08/19/2002)

ORDER by Chief Judge Joe B. McDade: IT IS THEREFORE ORDERED that Defendant International Profit Associates, Inc.'s Motion to Dismiss Plaintiff's Amended Complaint [49-1] is GRANTED. Counts II and III of Plaintiff's Amended Complaint are dismissed. This case is referred back to Mag. Judge John A. Gorman for a Rule 16 hearing and further proceedings. (cc: all counsel) (CAD, ilcd) (Entered: 09/24/2002)

MINUTE-ENTRY: by Mag. Judge John A. Gorman. Case set for R16 hearing at 2:00 on Friday, 11/22/02 in person in Peoria. (cc: all counsel) (KB, ilcd) (Entered: 10/30/2002)

MOTION by intervenor-plaintiff Lynn Zachman to withdraw attorney Christopher P Ryan (SH, ilcd) (Entered: 11/13/2002)

PROPOSED Scheduling Order and DISCOVERY PLAN filed by Equal Employment Opp, Arnold & Sons Plumb (SH, ilcd) (Entered: 11/21/2002)

MINUTE-ENTRY: by Mag. Judge John A. Gorman. Attys Smason/Ryan Morris/Smith present via phone for R16 hearing at 2:00 on 11/22/02 - same held. Motion to withdraw by Atty Ryan is granted. EEOC will represent Lynn Zachman, intervenor-plaintiff. The court approves the proposed scheduling order and discovery plan: Disc ddl 5/30/03 , motion filing ddl 6/30/03 , final pretrial conference at 2:00 on 10/16/03 (meet with law clerk for jury instruction conference at 1:00), and jury trial at 9:00 on 11/18/03 both in person in Peoria before Chief Judge McDade. (cc: all counsel) (KB, ilcd) Modified on 01/14/2003 (Entered: 11/25/2002)

MOTION by defendant to compel (SH, ilcd) (Entered: 12/10/2002)

MOTION by defendant for leave to file under seal its memorandum in support of defendant's motion to compel (SH, ilcd) (Entered: 12/10/2002)

MEMORANDUM IN SUPPORT of motion to compel [53-1] by defendant (FILED UNDER SEAL) (SH, ilcd) Modified on 12/13/2002 Additional attachment(s) added on 4/18/2007 (CL, ilcd). (Entered: 12/10/2002)

MINUTE-ENTRY: by Mag. Judge John A. Gorman granting motion for leave to file under seal its memorandum in support of defendant's motion to compel [54-1] (cc: all counsel) (SH, ilcd) (Entered: 12/13/2002)

RESPONSE by plaintiff Equal Employment Opp Defendant's to motion to compel [53-1] (RK, ilcd) (Entered: 12/23/2002)

MINUTE-ENTRY: by Mag. Judge John A. Gorman. Defendant's motion to compel [53-1] is hereby denied, for the following reasons. Plaintiff has expressly limited the type of emotional distress damages to "garden variety" damages. She does not intend to offer any expert testimony about psychiatric harm, physician's advise, or resulting need for medical/psychiatric treatment. Her evidence will be limited to the negative emotions that she experienced. As such, her psychiatric records are not relevant and are not likely to lead to discoverable information. The fact that plaintiff may have had other stressors in her life is a fact that defendant may certainly explore, but that fact does not make psychiatric records discoverable. See, Santelli v. Electro-Motive, 188 F.R.D. 306, 308-09 (N.D.Ill. 1999); Drocka v. City of Chicago, 193 F.R.D. 542, 544 (N.D.Ill. 2000); Hucko v. City of Oak Forest, 195 F.R.D. 526, 529-31 (N.D.Ill. 1999). As such, the psychiatrist's summary of those records does not constitute a waiver of privilege. Hucko, 195 F.R.D. at 530. (cc: all counsel) (SH, ilcd) (Entered: 01/03/2003)

ORDER by Chief Judge Joe B. McDade: IT IS ORDERED that the action is dismissed without prejudice subject to dismissal with prejudice pursuant to the settlement terms. IT IS FURTHER ORDERED that the Final Pretrial Conference set for October 16, 2003 and the Jury Trial set for November 18, 2003, are CANCELLED. IT IS FURTHER ORDERED tht the Clerk forthwith serve copies of this order by United States mail upon the attorneys for the parties appearing in this action. Case dismissed. (cc: all counsel) (CAD, ilcd) (Entered: 05/20/2003)

Remark: Consent Decree received from parties on 6/24/03, forwarded to Judge McDade for approval. (CAD, ilcd) (Entered: 06/26/2003)

Consent Decree/ORDER by Chief Judge Joe B. McDade. See written Consent Decree attached. (cc: all counsel) (RK, ilcd) (Entered: 07/02/2003)