Case: EEOC v. Midamerica Hotels Corp., d/b/a Burger King

EEOC v. Mid America Hotels

EEOC v. Midamerica Hotels Corporation

EEOC v. Midamerica Hotels Corporation

EEOC v. MidAmerica Hotels

No Court

EEOC v. Midamerica Hotels Corporation

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT; # Waivers of Service Issued: 1 # Counts: 1 Disclosure of Corp Cert issued to: deft; jury demand (SET) (Entered: 01/31/2003)

TRACK INFORMATION STATEMENT filed by plaintiff EEOC track 2 preferred (SET) (Entered: 01/31/2003)

WAIVER OF SERVICE executed upon defendant MidAmerica Hotels on 2/4/03 personal service by serving Susan Nell Rowe (MJM) (Entered: 02/10/2003)

ATTORNEY APPEARANCE for defendant MidAmerica Hotels by Susan Nell Rowe, Doreen D. Dodson (MJM) (Entered: 02/10/2003)

TRACK INFORMATION STATEMENT filed by defendant MidAmerica Hotels track 2 standard preferred (MJM) (Entered: 02/10/2003)

DISCLOSURE of Corporation Interests Certificate Parent companies: None Subsidiaries: None Publicly held company: None by defendant MidAmerica Hotels (MJM) (Entered: 02/10/2003)

MOTION by movant Brandy Alexander, movant Mary Beth Souders, movant Rachel Nunley, movant Erin Kirk, movant Natoshia Hanneken, movant Erin Bronskill for intervention of right w/ intervention complaint attached (MJM) (Entered: 03/28/2003)

ANSWER w/ affirmative defenses by defendant MidAmerica Hotels to [1-1]; jury demand (MJM) (Entered: 04/01/2003)

MOTION by co-counsel Doreen Dodson for defendant MidAmerica Hotels to withdraw attorney (MJM) (Entered: 04/01/2003)

RULED DOCUMENT by Honorable Henry E. Autrey granting motion to withdraw attorney [9-1] attorney Doreen D. Dodson for MidAmerica Hotels SO ORDERED (cc: all counsel) (MJM) (Entered: 04/03/2003)

RULE 16 ORDER by Honorable Henry E. Autrey ; standard(2) track , ; Rule 16 Conference set for 5/1/03 at 11:30 a.m. ; joint scheduling plan ddl set for 4/21/03 (cc: all counsel) (MJM) (Entered: 04/07/2003)

RULED DOCUMENT by Honorable Henry E. Autrey granting motion for intervention of right [7-1] (cc: all counsel) (MJM) (Entered: 04/15/2003)

INTERVENOR'S COMPLAINT by intervenor plaintiff Brandy Alexander, intervenor plaintiff Mary Beth Souders, intervenor plaintiff Rachel Nunley, intervenor plaintiff Erin Kirk, intervenor plaintiff Natoshia Hanneken, intervenor plaintiff Erin Bronskill # Counts: 3 ; adding defendant Nathan P. Kraus; jury demand (MJM) (Entered: 04/15/2003)

MOTION by intervenor plaintiff Brandy Alexander, intervenor plaintiff Mary Beth Souders, intervenor plaintiff Rachel Nunley, intervenor plaintiff Erin Kirk, intervenor plaintiff Natoshia Hanneken, intervenor plaintiff Erin Bronskill to amend complaint in intervention w/ amended intervention complaint and Exhibits 1-3 attached (MJM) (Entered: 04/15/2003)

MOTION by plaintiff EEOC for leave to file first amended complaint w/ first amended complaint and Exhibits 1&2 attached (MJM) (Entered: 04/16/2003)

JOINT PROPOSED SCHEDULING PLAN by plaintiff EEOC, defendant MidAmerica Hotels, intervenor plaintiff Brandy Alexander, intervenor plaintiff Mary Beth Souders, intervenor plaintiff Rachel Nunley, intervenor plaintiff Erin Kirk, intervenor plaintiff Natoshia Hanneken, intervenor plaintiff Erin Bronskill, defendant Nathan P. Kraus (MJM) (Entered: 04/21/2003)

MEMORANDUM by defendant MidAmerica Hotels in regards to responding to the Amended Complaint in Intervention at such time as the Court grants leave to file. (MJM) (Entered: 04/24/2003)

RULED DOCUMENT by Honorable Henry E. Autrey granting motion to amend complaint in intervention [14-1] (cc: all counsel) (MJM) (Entered: 04/29/2003)

FIRST AMENDED COMPLAINT IN INTERVENTION by intervenor plaintiff Brandy Alexander, intervenor plaintiff Mary Beth Souders, intervenor Rachel Nunley, intervenor plaintiff Erin Kirk, intervenor plaintiff Natoshia Hanneken, intervenor plaintiff Erin Bronskill : # Counts: 3 [13-1]; adding Northwest, Drury Restaurants; jury demand w/ exhibits 1-3 attached (MJM) Modified on 04/29/2003 (Entered: 04/29/2003)

RULED DOCUMENT by Honorable Henry E. Autrey granting motion for leave to file first amended complaint [15-1] (cc: all counsel) (MJM) (Entered: 05/01/2003)

AMENDED COMPLAINT by plaintiff EEOC # Counts: 1 [1-1]; jury demand w/ Exhibits 1&2 attached (MJM) (Entered: 05/01/2003)

CASE MANAGEMENT ORDER by Honorable Henry E. Autrey ; complex(3) track , ; motion to add party ddl 9/30/03 ; Disc completion ddl 5/15/04 ; non-disp motion ddl 5/26/04 ; disp motion ddl 6/15/04; resp ddl 8/15/04; reply ddl 9/30/04 ; jury trial 12/6/04 at 9:30am ; ADR future refer 11/1/03 to term 2/2/04 (cc: all counsel) (CEL) (Entered: 05/02/2003)

MEMORANDUM by defendant MidAmerica Hotels, defendant Northwest re: memorandum [17-1] by lv. of Court, defendants granted additional (3) days to file answer (MJM) (Entered: 05/13/2003)

DISCLOSURE of Corporation Interests Certificate Parent companies: None Subsidiaries: None Publicly held company: None by defendant Northwest (MJM) (Entered: 05/14/2003)

ANSWER w/ affirmative defenses by defendant MidAmerica Hotels to [21-1] (MJM) (Entered: 05/15/2003)

ANSWER w/ affirmative defenses by defendant Northwest to [21-1] (MJM) (Entered: 05/15/2003)

ANSWER w/ affirmative defenses by defendant Northwest to [19-1] (MJM) (Entered: 05/15/2003)

REQUEST by plaintiff EEOC for issuance of summons as to defendant Nathan P. Kraus (MJM) (Entered: 05/16/2003)

SUMMONS issued as to defendant Nathan P. Kraus # of summons issued: 1 days to respond: 20 (MJM) (Entered: 05/16/2003)

NOTICE OF PRIVATE PROCESS SERVER ; Process Server: Priority Process, LLC (MJM) (Entered: 05/16/2003)

RETURN OF SERVICE executed upon defendant Nathan P. Kraus on 5/16/03 by personal service by serving Crystal Kraus (wife) (MJM) (Entered: 05/22/2003)

MOTION by defendant MidAmerica Hotels, defendant Northwest for extension of time to object or respond to request for admission/production and interrogatories until 7/14/03 (MJM) (Entered: 07/02/2003)

MEMORANDUM by plaintiff EEOC, defendant MidAmerica Hotels, intervenor plaintiff Brandy Alexander, intervenor plaintiff Mary Beth Souders, intervenor plaintiff Rachel Nunley, intervenor plaintiff Erin Kirk, intervenor plaintiff Natoshia Hanneken, intervenor plaintiff Erin Bronskill, defendant Northwest consent between parties to respond to discovery. (MJM) (Entered: 07/15/2003)

MEMORANDUM by plaintiff EEOC, defendant MidAmerica Hotels, intervenor plaintiff Brandy Alexander, intervenor plaintiff Mary Beth Souders, intervenor plaintiff Rachel Nunley, intervenor plaintiff Erin Kirk, intervenor plaintiff Natoshia Hanneken, intervenor plaintiff Erin Bronskill, defendant Northwest of consent between parties to respond to discovery (MJM) (Entered: 07/15/2003)

MOTION by defendant Drury Restaurants, defendant Northwest, defendant Nathan P. Kraus, intervenor plaintiff Erin Bronskill, intervenor plaintiff Natoshia Hanneken, intervenor plaintiff Erin Kirk, intervenor plaintiff Rachel Nunley, intervenor plaintiff Mary Beth Souders, intervenor plaintiff Brandy Alexander, defendant MidAmerica Hotels, plaintiff EEOC for protective order (MJM) (Entered: 08/26/2003)

RULED DOCUMENT by Honorable Henry E. Autrey granting motion for protective order [35-1] SEE ORDER Doc. No. 35 for DETAILS (cc: all counsel) (MJM) (Entered: 08/27/2003)

MOTION by attorney for defendant Northwest, defendant MidAmerica Hotels to withdraw attorney Cherie K. Macdonald (MJM) (Entered: 09/10/2003)

RULED DOCUMENT by Honorable Henry E. Autrey granting motion to withdraw attorney Cherie K. Macdonald [37-1] attorney Cherie K. MacDonald for MidAmerica Hotels, attorney Cherie K. MacDonald for Northwest (cc: all counsel) (MJM) (Entered: 09/17/2003)

MOTION by plaintiff EEOC for extension of time to file second amd cmp (30) days (MJM) (Entered: 10/02/2003)

MOTION by plaintiff EEOC for leave to file second amd cmp w/ second amd cmp attached (MJM) (Entered: 10/02/2003)

AGREED MOTION for Protective Order RELATING TO MEDICAL RECORDS by Intervenor Plaintiffs Erin Bronskill, Natoshia Hanneken, Erin Kirk, Rachel Nunley, Mary Beth Souders, Defendants Drury Restaurants, INC., Nathan P. Kraus, MidAmerica Hotels Corporation, Northwest Development Company, Plaintiff Equal Employment Opportunity Commission. (BDC, ) (Entered: 10/13/2003)

ORDER granting [39] pltf's motion For Extension of time to file Second Amended Complaint ;Extension date: to and including 10/25/2003 Signed by Judge Henry E Autrey on 10/09/03. (BDC, ) (Entered: 10/13/2003)

ORDER HEA- DENYING AS MOOT OR UNTIMELY IN LIGHT OF THE COURT'S RULING ON DOC.#39. Ruling doc,.#[40]- pltf's Motion for Leave to file second amended complaint Signed by Judge Henry E Autrey on 10/09/03. (BDC, ) (Entered: 10/13/2003)

SECOND AMENDED COMPLAINT against defendant(s) Nathan P. Kraus, MidAmerica Hotels Corporation, Northwest Development Company,Terminating Drury Restaurants, INC. Jury Trial Demanded Demand, , filed by Equal Employment Opportunity Commission. Related document: [21] Amended Complaint filed by Equal Employment Opportunity Commission.(MJM, ) (Entered: 10/20/2003)

ORDER The Agreed Motion for a qualified Protective Order Relating to Medical Records and Order Granting Same is hereby granted pursuant to consent of the parties. Signed by Judge Henry E Autrey on 10/14/03. (MJM, ) (Entered: 10/14/2003)

MOTION to Amend/Correct Reply to Defendant's Opposition to Plaintiff EEOC's September 30, 2003 Motion to File Second Amended Complaint by Plaintiff Equal Employment Opportunity Commission. (Stith, Rebecca) (Entered: 10/15/2003)

MOTION to Amend/Correct the Court's Case Managment Order by Defendant MidAmerica Hotels Corporation. (Rowe, Susan) (Entered: 10/15/2003)

ORDER IT IS HEREBY ORDERED that Defendant's MOTION for an Amendment to the Court's Case Management Order [Doc. #47] is GRANTED Discovery Completion due by 7/15/2004. Non-Dispositive Motions due by 7/26/2004.. Signed by Judge Henry E Autrey on 10/20/03. (MJM, ) (Entered: 10/20/2003)

SURREPLY to Motion re 46 MOTION to Amend/Correct Reply to Defendant's Opposition to Plaintiff EEOC's September 30, 2003 Motion to File Second Amended Complaint filed by Defendant MidAmerica Hotels Corporation. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K# 12 Exhibit L)(Rowe, Susan) (Entered: 10/20/2003) Opportunity Commission's, MOTION to Amend/Correct Reply to Defendant's Opposition to Plaintiff EEOC's September 30, 2003 Motion to File Second Amended Complaint [Doc. #46] is DENIED as MOOT (see the Court's order of October 9, 2003, [Doc. #43]). Plaintiff's Second Amended Complaint has been filed as of October 9, 2003, over defenant's objections. Defendant's Surreply to Plaintiff EEOC's Reply to Defendant's Response to Plaintiff's Motion to File Second Amended Complaint [Doc. #49] is striken for failure to obtain leave to file. Signed by Judge Henry E Autrey on 10/22/03. (MJM, ) (Entered: 10/22/2003)

MOTION for Extension of Time to File Answer to Plaintiff EEOC's Second Amended Complaint by Defendants MidAmerica Hotels Corporation, Northwest Development Company. (Rowe, Susan) (Entered: 10/22/2003)

MOTION for Leave to File Answer to Second Amended Complaint of Plaintiff EEOC by Defendant Northwest Development Company. (Rowe, Susan) (Entered: 10/23/2003)

ANSWER to Amended Complaint (EEOC's Second) by Northwest Development Company.(Rowe, Susan) (Entered: 10/23/2003)

MOTION for Leave to File Answer to Second Amended Complaint of Plaintiff EEOC by Defendant MidAmerica Hotels Corporation. (Rowe, Susan) (Entered: 10/23/2003)

Defendant's ANSWER to Amended Complaint (EEOC's Second) by MidAmerica Hotels Corporation.(Rowe, Susan) (Entered: 10/23/2003)

ORDER granting 54 Motion for Leave to file answer to second amended complaint. Signed by Judge Henry E Autrey on 10/24/03. (CLA, ) (Entered: 10/27/2003)

ORDER granting 52 Motion for Leave to file answer to second amended complaint. Signed by Judge Henry E Autrey on 10/24/03. (CLA, ) (Entered: 10/27/2003)

ORDER denying 51 It is hereby ordered that deft.'s mtn. for extension of time to file answer to pltff. EEOC's second amended complaint is denied as moot. Signed by Judge Henry E Autrey on 10/24/03. (CLA, ) (Entered: 10/27/2003)

MOTION to Add Party and Amend Complaint by Intervenor Plaintiffs Brandy Alexander, Erin Bronskill, Natoshia Hanneken, Erin Kirk, Rachel Nunley, Mary Beth Souders. (Attachments: # 1 Second Amended Complaint in Intervention)(Moench, William) (Entered: 11/14/2003)

ANSWER to SECOND AMENDED COMPLAINT IN INTERVENTION by MidAmerica Hotels Corporation.(Rowe, Susan) Modified on 12/1/2003 (MJM, ). (Entered: 11/25/2003)

ANSWER to SECOND Amended Complaint in Intervention by Northwest Development Company.(Rowe, Susan) Modified on 12/1/2003 (MJM, ). (Entered: 11/25/2003)

SECOND AMENDED Intervenor COMPLAINT JuryDemand,, filed by Breanna Johnson, Brandy Alexander, Erin Bronskill, Natoshia Hanneken, Erin Kirk, Rachel Nunley, Mary Beth Souders.(MJM, ) Modified on 12/1/2003 (MJM, ). (Entered: 12/01/2003)

MOTION for Partial Summary Judgment of Plaintiff EEOC and Plaintiff-Intervenors filed by Plaintiff Equal Employment Opportunity Commission. (Stith, Rebecca) (Entered: 12/18/2003)

STATEMENT of Material Facts re 63 MOTION for Partial Summary Judgment of Plaintiff EEOC and Plaintiff-Intervenors filed Statement of Uncontroverted Material Facts filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A-Second Amd Complaint in Intervention - on file# 2 Exhibit B - Answers to Plaintiff EEOC's First Interrogatories# 3 Exhibit C - Depo. of Harold Hale# 4 Exhibit D - Applications for Employment# 5 Exhibit E - New Employee Data Sheets# 6 Exhibit F - Employee Roster - Peerless Park BK# 7 Exhibit G - Burger King Handbook - cover & excerpt# 8 Exhibit H - Position Statements# 9 Exhibit I - Dun & Bradstreet Reports)(Stith, Rebecca) (Entered: 12/18/2003)

MEMORANDUM in Support of Motion re 63 MOTION for Partial Summary Judgment of Plaintiff EEOC and Plaintiff-Intervenors filed filed by Plaintiff Equal Employment Opportunity Commission. (Stith, Rebecca) (Entered: 12/18/2003)

Joint MOTION for Protective Order of Plaintiffs and Defendants Concerning Psychological Experts' Raw Scores and Tests by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order)(Stith, Rebecca) (Entered: 12/24/2003)

MOTION for Extension of Time to File Response/Reply as to 65 Memorandum in Support of Motion, 63 MOTION for Partial Summary Judgment of Plaintiff EEOC and Plaintiff-Intervenors filed , 64 Statement of Material Facts,, by Defendants MidAmerica Hotels Corporation, Northwest Development Company. (Rowe, Susan) (Entered: 12/31/2003)

Docket Text ORDER re 67 MOTION for Extension of Time to File Response/Reply as to 65 Memorandum in Support of Motion, 63 MOTION for Partial Summary Judgment of Plaintiff EEOC and Plaintiff-Intervenors filed, 64 Statement of Material Facts,, filed by MidAmerica Hotels Corporation, Northwest Development Company ; ORDERED Granted. Signed by Judge Henry E. Autrey on 1/16/04. (MJM, ) (Entered: 01/16/2004)

MEMORANDUM in Opposition re 63 MOTION for Partial Summary Judgment of Plaintiff EEOC and Plaintiff-Intervenors filed filed by Defendants MidAmerica Hotels Corporation, Northwest Development Company. (Rowe, Susan) (Entered: 01/22/2004) Plaintiff EEOC and Plaintiff-Intervenors filed Defendants' Memorandum of Disputed Material Facts and Additional Material Facts Submitted by Defendants Midamerica HotelsCorporation and Northwest Development Company in Opposition to Plaintiffs' Motion for Partial Summary Judgment filed by Defendants MidAmerica Hotels Corporation, Northwest Development Company. (Attachments: # 1 Exhibit A# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8)(Rowe, Susan) (Entered: 01/22/2004)

Docket Text ORDER re 66 Joint MOTION for Protective Order of Plaintiffs and Defendants Concerning Psychological Experts' Raw Scores and Tests filed by Equal Employment Opportunity Commission ; ORDERED SO ORDERED. Signed by Judge Henry E. Autrey on 1/23/04. (MJM, ) (Entered: 01/23/2004)

MOTION for Extension of: Time to Reply in Support of Plaintiffs' Partial Summary Judgment Motion by Plaintiff Equal Employment Opportunity Commission. (Stith, Rebecca) (Entered: 01/27/2004)

ENTRY of Appearance by Andrew C. Puzder Defendants MidAmerica Hotels Corporation, Northwest Development Company. (Puzder, Andrew) (Entered: 01/28/2004)

Docket Text ORDER re 70 MOTION for Extension of: Time to Reply in Support of Plaintiffs' Partial Summary Judgment Motion filed by Equal Employment Opportunity Commission ; ORDERED Leave Granted (due date 2/5/04). Signed by Judge Henry E. Autrey on 1/28/04. (MJM, ) (Entered: 01/29/2004)

MOTION to Amend/Correct 22 Case Management Order,,,,, by Defendants MidAmerica Hotels Corporation, Northwest Development Company. (Rowe, Susan) (Entered: 02/05/2004)

REPLY to Response to Motion re 63 MOTION for Partial Summary Judgment of Plaintiff EEOC and Plaintiff-Intervenors filed filed by Plaintiff Equal Employment Opportunity Commission. (Stith, Rebecca) (Entered: 02/05/2004)

STATEMENT of Material Facts re 63 MOTION for Partial Summary Judgment of Plaintiff EEOC and Plaintiff-Intervenors filed (Plaintiffs' Reply to Defendants' Statement of Facts) filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit J Neikirk Depo excerpt)(Stith, Rebecca) (Entered: 02/05/2004)

Docket Text ORDER ; ORDERED GRANTED MTN. FOR AN AMENDMENT TO THE CMO. Signed by Judge Henry E. Autrey on 2/6/04. (CLA, ) (Entered: 02/09/2004)

MOTION for Mental Examination Under Fed.R.Civ.P. 35(A) by Defendants MidAmerica Hotels Corporation, Northwest Development Company. (Attachments: # 1 Exhibit A)(Rowe, Susan) (Entered: 03/01/2004)

MEMORANDUM AND ORDER motion is IT IS HEREBY ORDERED that plaintiffs' Motion for Summary Judgment, [#63], is granted.. Signed by Judge Henry E. Autrey on 3/8/04. (MJM, ) (Entered: 03/08/2004)

MEMORANDUM for Clerk by Defendants MidAmerica Hotels Corporation, Northwest Development Company. (Rowe, Susan) (Entered: 04/15/2004)

MOTION for Summary Judgment Re: Johnson Claim by Defendants MidAmerica Hotels Corporation, Northwest Development Company. (Rowe, Susan) (Entered: 06/04/2004)

MEMORANDUM in Support of Motion re 78 MOTION for Summary Judgment Re: Johnson Claim filed by Defendants MidAmerica Hotels Corporation, Northwest Development Company. (Rowe, Susan) (Entered: 06/04/2004)

STATEMENT of Material Facts re 78 MOTION for Summary Judgment Re: Johnson Claim filed by Defendants MidAmerica Hotels Corporation, Northwest Development Company. (Attachments: # 1 Exhibit Hale Depo. excerpts# 2 Exhibit Jerry Barker Affidavit# 3 Exhibit Jerry Barker Aff. (Cont'd)# 4 Exhibit T# 5 Exhibit Barker Depo.# 6 Exhibit Kim Dorrough Depo.# 7 Exhibit Kraus Depo.# 8 Exhibit MIke Dorrough Depo.# 9 Exhibit Crane Depo.# 10 Exhibit Wehling Depo.# 11 Exhibit Lindsay Depo.# 12 Exhibit Johnson Depo.# 13 Exhibit Todtenhaupt Depo.# 14 Exhibit Boresi Depo.# 15 Exhibit Nunley Depo.# 16 Exhibit S# 17 Exhibit Neikirk Affidavit# 18 Exhibit Neikirk Depo.# 19 Exhibit 71# 20 Exhibit Rowe Affidavit)(Rowe, Susan) (Entered: 06/04/2004)

NOTICE by Defendants MidAmerica Hotels Corporation, Northwest Development Company re 80 Statement of Material Facts,,, Verification of Signed Document - Jerry Barker: (Rowe, Susan) (Entered: 06/04/2004)

NOTICE by Defendants MidAmerica Hotels Corporation, Northwest Development Company re 80 Statement of Material Facts,,, Verification of Signed Document - Joel Neikirk: (Rowe, Susan) (Entered: 06/04/2004)

SUPPLEMENTAL re 79 Memorandum in Support of Motion for Summary Judgment Re: Johnson Claim by Defendants MidAmerica Hotels Corporation, Northwest Development Company. (Rowe, Susan) (Entered: 06/04/2004)

MOTION for Summary Judgment Re: Nunley's Claims by Defendants MidAmerica Hotels Corporation, Northwest Development Company. (Rowe, Susan) (Entered: 06/04/2004)

MEMORANDUM in Support of Motion re 84 MOTION for Summary Judgment Re: Nunley's Claims filed by Defendants MidAmerica Hotels Corporation, Northwest Development Company. (Attachments: # 1 Exhibit A)(Rowe, Susan) (Entered: 06/04/2004)

STATEMENT of Material Facts re 84 MOTION for Summary Judgment Re: Nunley's Claims filed by Defendants MidAmerica Hotels Corporation, Northwest Development Company. (Attachments: # 1 Exhibit Hale Depo.# 2 Exhibit Barker Affidavit# 3 Exhibit Barker Affidavit (Cont'd)# 4 Exhibit Verification - Barker Aff.# 5 Exhibit Nunley Depo.# 6 Exhibit Barker Depo.# 7 Exhibit Kim Dorrough Depo.# 8 Exhibit Kraus Depo.# 9 Exhibit Mike Dorrough Depo.# 10 Exhibit Crane Depo.# 11 Exhibit Wehling Depo.# 12 Exhibit Lindsay Depo.# 13 Exhibit Todtenhaupt Depo.# 14 Exhibit Boresi Depo.# 15 Exhibit R# 16 Exhibit Souders Depo.# 17 Exhibit Alexander Depo.# 18 Exhibit Payroll Record# 19 Exhibit S# 20 Exhibit Johnson Depo.# 21 Exhibit Neikirk Depo.# 22 Exhibit 71# 23 Exhibit Neikirk Affidavit# 24 Exhibit Verification of Neikirk Aff.)(Rowe, Susan) (Entered: 06/04/2004)

MOTION to Seal Document by Defendants MidAmerica Hotels Corporation, Northwest Development Company. (Attachments: # 1 Text of Proposed Order)(Rowe, Susan) (Entered: 06/07/2004)

MOTION for Summary Judgment Re: Kirk's Claims by Defendants MidAmerica Hotels Corporation, Northwest Development Company. (Rowe, Susan) (Entered: 06/07/2004)

MEMORANDUM in Support of Motion re 88 MOTION for Summary Judgment Re: Kirk's Claims filed by Defendants MidAmerica Hotels Corporation, Northwest Development Company. (Rowe, Susan) (Entered: 06/07/2004)

MOTION to Compel Discovery by Intervenor Plaintiffs Brandy Alexander, Erin Bronskill, Natoshia Hanneken, Breanna Johnson, Erin Kirk, Rachel Nunley, Mary Beth Souders. (Attachments: # 1 Memorandum in Support of Motion to Compel# 2 Exhibit Ex. 1 Document Request to Midamerica# 3 Exhibit Ex. 2 Document Request to Northwest# 4 Exhibit Ex. 3 Interrogatories to Midamerica# 5 Exhibit Ex. 4 Interrogatories to Northwest# 6 Exhibit Ex. 5 Barker Deposition Excerpt# 7 Exhibit Ex. 6 Correspondence 4-6-04)(Vanadilok, Patavee) (Entered: 06/07/2004)

STATEMENT of Material Facts re 88 MOTION for Summary Judgment Re: Kirk's Claims filed by Defendants MidAmerica Hotels Corporation, Northwest Development Company. (Attachments: # 1 Exhibit Hale Depo.# 2 Exhibit Barker Aff.# 3 Exhibit Barker Aff (Cont'd)# 4 Exhibit Verification - Barker Aff.# 5 Exhibit Kirk Depo.# 6 Exhibit Barker Depo.# 7 Exhibit Kim Dorrough Depo.# 8 Exhibit Kraus Depo.# 9 Exhibit Mike Dorrough Depo.# 10 Exhibit Crane Depo.# 11 Exhibit Wehling Depo.# 12 Exhibit Lindsay Depo.# 13 Exhibit R# 14 Exhibit Nunley Depo.# 15 Exhibit Todtenhaupt Depo.# 16 Exhibit Boresi Depo.# 17 Exhibit Souders Depo.# 18 Exhibit Alexander Depo.# 19 Exhibit S# 20 Exhibit Johnson Depo.# 21 Exhibit Neikirk Depo.# 22 Exhibit Neikirk Aff.# 23 Exhibit Verification - Neikirk Aff.# 24 Exhibit 71)(Rowe, Susan) (Entered: 06/07/2004)

ORDER Motion to file under seal is hereby granted.. Signed by Judge Henry E. Autrey on 6/8/04. (MJM, ) (Entered: 06/09/2004)

MOTION to Seal Document by Defendants MidAmerica Hotels Corporation, Northwest Development Company. (Attachments: # 1 Text of Proposed Order)(Rowe, Susan) (Entered: 06/09/2004)

NOTICE by Defendants MidAmerica Hotels Corporation, Northwest Development Company (Rowe, Susan) (Entered: 06/09/2004)

MOTION for Summary Judgment with respect to claims of Pltf Brandy Alexander by Defendants MidAmerica Hotels Corporation, Northwest Development Company. (FILED UNDER SEAL) (MJM, ) (Entered: 06/10/2004)

MEMORANDUM in Support of Motion re [95] MOTION for Summary Judgment w/ exhibits a&b attached filed by Defendants MidAmerica Hotels Corporation, Northwest Development Company. (FILED UNDER SEAL) (MJM, ) (Entered: 06/10/2004)

SEALED DOCUMENT re [96] Memorandum in Support of Motion by Defendants MidAmerica Hotels Corporation, Northwest Development Company. (MJM, ) (Entered: 06/10/2004)

STATEMENT of Uncontroverted Material Facts re [95] MOTION for Summary Judgment w/ exhs 1-22 attached filed by Defendants MidAmerica Hotels Corporation, Northwest Development Company. (FILED UNDER SEAL) (MJM, ) (Entered: 06/10/2004)