Case: EEOC v. Excel Corporation

Carly Knight, Frank Dobbin, Alexandra Kalev

DEMAND for jury trial by plaintiff EEOC (djs) (Entered: 10/01/2001)

WAIVER OF SERVICE Returned Executed as to Excel Corporation 7/5/01 (1) (djs) (Entered: 10/01/2001)

TRANSFER ORDER Transferring case to the docket of Judge Garnett Thomas Eisele (signed by Judge David Briones) Copies to counsel: 7/13/01 Page(s) 1 (djs) (Entered: 10/01/2001)

ANSWER to Complaint by defendant Excel Corporation (5) (djs) (Entered: 10/01/2001)

MOTION by defendant to transfer venue (14) (djs) Modified on 10/01/2001 (Entered: 10/01/2001)

RESPONSE by plaintiff to [5-1] motion to transfer venue (13)(djs) Modified on 10/01/2001 (Entered: 10/01/2001)

REPLY by defendant to response to [5-1] motion to transfer venue (5) (djs) Modified on 10/01/2001 (Entered: 10/01/2001)

ORDER OF TRANSFER granting [5-1] motion to transfer venue to the ND/TX Amarillo Division (signed by Judge Garnett Thomas Eisele) Copies to counsel: 9/25/01 Page(s) 4 (djs) (Entered: 10/01/2001)

Original file, certified copy of transfer order and docket sheet received from District of WD/TX El Paso Division (EP-01-cv-169) (djs) (Entered: 10/01/2001)

ORIGINAL RULE 16 SCHEDULING ORDER setting Joining of Parties on 11/16/01; Amending of Pleadings on 3/29/02; Discovery cutoff 4/1/02; Deadline for filing of dispositive motions 4/15/02; Pretrial materials (Designation of Experts) due on 12/3/01. Parties shall be ready for trial by 6/3/02. Counsel shall file a joint report setting forth the status of settlement negotiations by 1/4/02. Parties opposing affirmative relief must file a written designation of expert witnesses by 12/24/01. Summary Judgment deadline 4/1/02 and deadline for Rule 26(a)(3) disclosures is 5/6/02. ( Signed by Judge Mary L. Robinson ) Copies to counsel: 10/3/01 Page(s): 3 (plh) (Entered: 10/03/2001)

MOTION by Excel Corporation to substitute S Tom Morris for Charles C High, Jr. (5) (plh) (Entered: 10/05/2001)

ORDER SUBSTITUTING NEW COUNSEL granting [10-1] motion to substitute S Tom Morris for Charles C High, Jr. ; terminated attorney Charles C High Jr for Excel Corporation ( Signed by Judge Mary L. Robinson ) Copies to counsel: 10/17/01 Page(s) 2 (jeh) (Entered: 10/17/2001)

AGREED ORDER - The Original Rule 16 Scheduling Order dted 10/2/01 is amended in the following respects. The Rule 26(f) conference is deferred until Friday, 11/2/01, and the Rule 26(a)(1) disclosures will be exchanged within 14 days after the Rule 26(f) conference. (Signed by Judge Mary L. Robinson ) Copies to counsel: 10/23/01 Page(s) 1 (jeh) (Entered: 10/23/2001)

Designation of Experts by plaintiff EEOC (2) (jeh) (Entered: 12/04/2001)

ORDER DENYING MOTION FOR EXTENSION OF TIME TO DESIGNATE EXPERTS denying [13-1] designation. The Court construes this pleading as a motion for an unspecified extension of time to designate experts. (Signed by Judge Mary L. Robinson ) Copies to counsel: 12/5/01 Page(s) 1 (jeh) (Entered: 12/05/2001)

Designation of Experts by defendant Excel Corporation (2) (jeh) (Entered: 12/20/2001)

JOINT STATUS REPORT by plaintiff EEOC, defendant Excel Corporation (2) (jeh) (Entered: 01/03/2002)

MOTION by plaintiff EEOC to amend [9-1] Scheduling order (4) (jeh) (Entered: 01/14/2002)

NOTICE of attorney appearance for plaintiff EEOC by Selena N Solis (2) (jeh) (Entered: 01/16/2002)

MOTION to intervene by movant Francisco nmn Acosta, movant Sergio Castro (6) (jeh) (Entered: 02/08/2002)

MEMORANDUM by movant Francisco nmn Acosta, movant Sergio Castro in support of [19-1] motion to intervene by movant Francisco nmn Acosta, movant Sergio Castro (3) (jeh) (Entered: 02/08/2002)

ORDER granting [17-1] motion to amend [9-1] Scheduling order resetting scheduling order deadlines: Parties shall be ready for trial by 8/5/02; Deadline for filing Rule 26(a)(3) disclosures 7/8/02; Amending of Pleadings on 5/31/02; Discovery deadline on 6/1/02; Deadline for filing of dispositive motions, except motions in limine, by 6/17/02; Motions for summary judgment 6/3/02 ( Signed by Judge Mary L. Robinson ) Copies to counsel: 2/12/02 Page(s) 1 (jeh) (Entered: 02/12/2002)

ORDER granting [19-1] motion to intervene by movant Francisco nmn Acosta, movant Sergio Castro. The Clerk will file the Intervenors' complaint in intervention upon its prompt tender in proper form for filing. ( Signed by Judge Mary L. Robinson ) Copies to counsel: 2/12/02 Page(s) 1 (jeh) (Entered: 02/12/2002)

ORDER referring case to Mediation; Type of ADR: Non-Binding Mediation Requested by: Court. Order of the Court that on or before 3/1/02, the parties in this case tender to the Clerk a written document indicating the name of the mediator chosen by the parties and an agreed time, date and place for mediation. Parties shall meet prior to mediation for the purposes of settling this case and after this meeting, tender to the Clerk for filing on or before 3/1/02 a joint settlement conference status report. Parties to this action shall convene a mediation conference on all claims and/or counter-claims, such conference and all subsequent conferences to be completed on or before 3/22/02. ( Signed by Judge Mary L. Robinson ) Copies to counsel: 2/13/02 Page(s): 3 (plh) (Entered: 02/13/2002)

Intervenor's COMPLAINT by Francisco nmn Acosta, Sergio Castro against defendant Excel Corporation (3) (jeh) (Entered: 02/22/2002)

ANSWER by defendant Excel Corporation to [24-1] intervenor complaint (2) (jeh) (Entered: 02/22/2002)

JOINT SETTLEMENT STATUS REPORT by plaintiff EEOC, defendant Excel Corporation, intervenor-plaintiff Francisco nmn Acosta, intervenor-plaintiff Sergio Castro, intervenor-defendant Excel Corporation; Parties have not been able to resolve this case. (3) (jeh) (Entered: 02/27/2002)

JOINT NOTICE of MEDIATION by plaintiff EEOC, defendant Excel Corporation, intervenor-plaintiff Francisco nmn Acosta, intervenor- plaintiff Sergio Castro, intervenor-defendant Excel Corporation - Mike Loftin designated as mediator; mediation set for 3/12/02 @ 10:00 a.m., Underwood Law Firm, Amarillo, Texas (2) (jeh) (Entered: 02/27/2002)

Alternative Dispute Resolution Summary. Filed by ADR Provider Mike Loftin . Attorneys in attendance Donald Edward Cummings, S Tom Morris, Selena N Solis. Prv Fee: $1200.00 Disposition: DNS (2) (jeh) (Entered: 03/15/2002)

Letter from defendant - confirming that this case is settled and a consent decree will be presented for entry as soon as signatures of all counsel can be obtained (1) (djs) (Entered: 06/21/2002)

ORDER - The Court having been informed that the above-styled case has settled, all pending motions are denied as moot. The Clerk will terminate all pending motions. The parties are to tender an agreed order of dismissal within thirty (30) days from the date of this Order. (Signed by Judge Mary L. Robinson) Copies to counsel: 6/24/02 Page(s) 1 (jeh) (Entered: 06/24/2002)

JOINT MOTION to Enter Consent Decree by plaintiff EEOC, defendant Excel Corporation, intervenor-plaintiff Francisco nmn Acosta, intervenor-plaintiff Sergio Castro, intervenor-defendant Excel Corporation (2) (jeh) (Entered: 06/26/2002)

CONSENT DECREEE for intervenor-plaintiffs Francisco Acosta and Sergio Castro against intervenor-defendant Excel Corporation. This Consent Decree resolves the allegations raised by the EEOC and the Intervenors in the above-captioned civil action. The Court retains jurisdiction of this action for a period of one year and may enter such other and further relief as it deems appropriate to ensure implementation and enforcement of the provisions of this Decree. Within 10 days after the date of this Decree, Deft Excel Corp, in settlement of this dispute, shall pay a total sum of $20,000.00 ($12,000.00 to Francisco Acosta and $8,000.00 to Sergio Castro). Such payments shall be made by separate checks and mailed to Donald E. Cummings, Esq., Lubbock, TX. The parties to this Decree shall bear their own costs and attorney's fees incurred in this action. (signed by Judge Mary Lou Robinson) Copies to counsel: 6/28/02 Page(s): 7 (jeh) (Entered: 06/28/2002)

Case closed (jeh) (Entered: 06/28/2002)

RELEASE by Francisco nmn Acosta (2) (plh) (Entered: 07/05/2002)

RELEASE by Sergio Castro (2) (plh) (Entered: 07/05/2002)