Case: EEOC v. UNIVERSITY OF THE INCARNATE WORD

EEOC v. University of the Incarnate Word

EEOC v. University of the Incarnate Word

No Court

No Court

Carly Knight, Frank Dobbin, Alexandra Kalev

Case assigned to Honorable Orlando L. Garcia (wg) (Entered: 09/30/1999)

Complaint filed. (Pages: 8) (wg) (Entered: 09/30/1999)

Demand for jury trial by EEOC (wg) (Entered: 09/30/1999)

ORDER Referring Case to a U.S. Magistrate Judge for disposition of all pretrial matters. (tr) (Entered: 10/14/1999)

Case referred to Honorable John W. Primomo (wg) (Entered: 10/14/1999)

Waiver of Service by University of the IW ; Notice and Request Mailed on 10/20/99 ; Answer due on 12/20/99 for University of the IW (tr) (Entered:

Jointe Recommendations for scheduling order by University of the IW, EEOC (tr) (Entered: 01/19/2000)

SCHEDULING ORDER and ORDER Concerning Consent Trials, Discovery, Pretrial Matters, and Pretrial Order: setting Joining of parties, amending of pleadings on 4/20/00; Deadline for filing of all motions 10/2/00; Discovery cutoff 8/31/00; Pretrial order to be submitted on or before 11/27/00; Alternate Dispute Resolution Report due by 3/20/00; Jury Selection set for 9:00 12/11/00; Jury trial set for 9:00 12/11/00; Consent to Trial by Magistrate due by 3/20/00 (tr) (Entered: 01/24/2000)

Notice of attorney appearance for EEOC by Javier N. Maldonado (fe) (Entered: 02/02/2000)

Designation of potential witnesses by EEOC (fe) (Entered: 02/22/2000)

Designation of Potential Witnesses by University of the IW (tr) (Entered: 03/15/2000)

Alternate Dispute Resolution Report filed by EEOC, ; Party(s) do not agree to Alternate Dispute Resolution (tr) (Entered: 03/22/2000)

Consent to trial by Magistrate by EEOC (tr) (Entered: 03/22/2000)

Non−consent to proceed before a U.S. Magistrate by University of the IW (tr) (Entered: 03/22/2000)

Alternate Dispute Resolution Report filed by University of the IW, ; Party(s) do not agree to Alternate Dispute Resolution (tr) (Entered: 03/22/2000)

Motion by University of the IW for protective order on subpoena to Amalia Mondriguez's , and to quash the subpoena to Amalia Mondriguez's deposition (tr) (Entered: 03/22/2000)

ORDER denying motion for protective order on subpoena to Amalia Mondriguez's [14−1], denying motion to quash the subpoena to Amalia Mondriguez's deposition [14−2] (tr) (Entered: 03/24/2000)

Response by EEOC in opposition to motion for protective order on subpoena to Amalia Mondriguez's [14−1], motion to quash the subpoena to Amalia Mondriguez's deposition [14−2] (tr) (Entered: 03/24/2000)

Motion by University of the IW for leave to file first amended answer attached as exhibit A (lp) (Entered: 04/24/2000)

Partially opposed motion by EEOC for leave of court to amend original complaint (fe) (Entered: 04/24/2000)

Received "Plaintiff's First Amended Complaint". (fe) (Entered: 04/24/2000)

ORDER granting motion for leave of court to amend original complaint [18−1] (tr) (Entered: 04/27/2000)

ORDER granting motion for leave to file first amended answer attached as exhibit A [17−1] (tr) (Entered: 04/27/2000)

First Amended Answer by University of the IW : answer [4−1] (tr) (Entered: 04/27/2000)

First Amended Complaint by EEOC , amending complaint [1−1] (Pages: 8) (tr) (Entered: 04/27/2000)

Designation of expert witness and expert report filed by EEOC (tr) (Entered: 05/02/2000)

RECEIVED "Defendant's Second Amended Answer and Affirmative Defenses" (tr) (Entered: 05/08/2000)

ORDER granting motion for leave to file second amended answer [24−1] (tr) (Entered: 05/15/2000)

Second Amended Answer by University of the IW : answer [4−1] (tr) (Entered: 05/15/2000)

Motion by University of the IW to quash , and for protective order (fe) (Entered: 05/30/2000)

ORDER denying motion to quash [27−1], denying motion for protective order [27−2] It is ORDERED that discovery take palce on such terms and conditions as are just. In additiona, because the UIW ahs acted in disregard of the Rules of Federal Procedure, the Local Rules, and of professional courtesy, it is ORDERED to show cause why sanctions should not be issued. (tr) (Entered: 05/31/2000)

Notice of Appeal (to the District Court) of Order denying defendant's motion to quash and motion for protective order [28−1] (tr) (Entered: 06/01/2000)

Opposition and Response by EEOC Defendant's Notice of Appeal of Order Denying Defendant's Motion to Quash and Motion for Quash and Motion for Protection Order [29−1] (tr) (Entered: 06/06/2000)

Motion by University of the IW to strike plaintiff's opposition and response to defendant's notice of appeal of order denying defendant's motion to quash and for protective order (tr) Modified on 06/20/2000 (Entered: 06/12/2000)

Reply by University of the IW to Plaintiff's Opposition and Response to Defendant's Notice of Appeal of Order Denying Defendant's Motion to Quash and Motion for Protective Order [29−1] (tr) (Entered: 06/12/2000)

Motion by University of the IW to extend deadline for designation of expert witnesses and submission of written summary (tr) (Entered: 06/13/2000)

Designation of expert witnesses and written summary filed by University of the IW (tr) (Entered: 06/13/2000)

Notice of attorney appearance for EEOC by Cynthia M. Cano (tr) (Entered: 06/16/2000)

Notice of attorney appearance for EEOC by Selena N. Solis (tr) (Entered: 06/16/2000)

Motion by University of the IW for leave to file supplemental designations of fact witnesses (tr) (Entered: 06/20/2000)

RECEIVED 'Defendant's Supplemental Designation of Potential Fact Witnesses' (tr) (Entered: 06/20/2000)

Motion by University of the IW for Donna K. McElroy to withdraw as attorney , and to substitute attorney Roger D. Hepworth (tr) (Entered: 06/20/2000)

Response by EEOC in opposition to motion to strike plaintiff's opposition and response to defendant's notice of appeal of order denying defendant's motion to quash and for protective order [31−1] (tr) (Entered: 06/20/2000)

Motion by EEOC for leave of Court to file Supplemental Designation of Fact Witnesses (tr) (Entered: 06/20/2000)

ORDER Affirming Order of Magistrate Judge and Denying motion to strike plaintiff's opposition and response to defendant's notice of appeal of order denying defendant's motion to quash and for protective order [31−1] The Court therefore DENIES UIW's appeal (docket no. 29) and afirms the magistrate judge's order (docket no. 28). UIW should respond to the magistrate judge's show cause order within two weeks of the date of this order. (tr) (Entered: 06/23/2000)

Order granting motion for Donna K. McElroy to withdraw as attorney [38−1] (Terminated attorney Donna K. McElroy for University of the IW, granting motion to substitute attorney Roger D. Hepworth [38−2] ; terminated; Roger D. Hepworth added (lp) (Entered: 06/27/2000)

Order granting motion for leave to file supplemental designations of fact witnesses [37−1] (lp) (Entered: 06/27/2000)

Supplemental Designation of potential fact witness filed by University of the IW (lp) (Entered: 06/27/2000)

Order granting motion for leave of Court to file Supplemental Designation of Fact Witnesses [40−1] (lp) (Entered: 06/27/2000)

Motion by University of the IW to reconsider order affirming order of Magistrate Judge and denying Defendant's motion to strike and response to show cause order (tr) (Entered: 07/03/2000)

ORDER granting in part motion to extend deadline for designation of expert witnesses and submission of written summary [33−1] The UIW's deadline to designate expert witness and submit written summary is extended for the psychiatry expert, only. Such deadline is extended from 6/12/00, to 9/14/00. (tr) (Entered: 07/07/2000)

Opposed Motion by EEOC for leave of court to file second supplemental designation of fact witnesses (tr) (Entered: 08/07/2000)

RECEIVED "Plaintiff's Second Supplemental Designation of Fact Witnesses" (tr) (Entered: 08/07/2000)

Stipulation filed by University of the IW, EEOC pursuant to Fed.R.Civ.P. 30(a)(2)(A) that each party may take more than ten depositions in this matter. (tr) (Entered: 08/08/2000)

Response by University of the IW in opposition to motion for leave of court to file second supplemental designation of fact witnesses [49−1] (tr) (Entered: 08/08/2000)

Notice of attorney appearance for University of the IW by George J. Petras IV (tr) (Entered: 08/08/2000)

Order granting in part, denying in part motion for leave of court to file second supplemental designation of fact witnesses [49−1]. Plaintiff's request to provide addresses is GRANTED, plaintiff's request to supplement its designation of fact witnesses is DENIED. (sj) (Entered: 08/16/2000)

Motion by EEOC for leave to file supplement to expert witness report of Keith Walters, PH.D. (sj) (Entered: 08/16/2000)

Received Addendum to Expert Witness Report of Keith Walters, Ph.D. (sj) (Entered: 08/16/2000)

Motion by EEOC to compel production of documents (tr) (Entered: 08/22/2000)

Response by University of the IW in opposition to motion for leave to file supplement to expert witness report of Keith Walters, PH.D. [54−1] (tr) (Entered: 08/25/2000)

Motion by EEOC for leave to file Second Amended Complaint (sj) (Entered: 08/29/2000)

Received "Plaintiff's Second Amended Complaint" (sj) (Entered: 08/29/2000)

Motion by University of the IW to extend time to respond to plaintiff's second set of interrogatories and second set of request for production of documents (sj) (Entered: 08/31/2000)

Reply by EEOC to defendant's response in opposition to plaintiff's motion for leave to file supplement to expert witness report of Keith Walters, PH.D. [54−1] (sj) (Entered: 09/07/2000)

Response by University of the IW in opposition to plaintiff's motion for leave to file Second Amended Complaint [57−1] (sj) (Entered: 09/07/2000)

Motion by EEOC for payment of expert's fees (sj) (Entered: 09/07/2000)

Order granting motion for leave to file supplement to expert witness report of Keith Walters, PH.D. [54−1] (sj) (Entered: 09/08/2000)

Supplement to to the Expert Witness Report of Keith Walters, Ph.D. filed by EEOC (sj) (Entered: 09/08/2000)

Order GRANTING motion to extend time to respond to plaintiff's second set of interrogatories and second set of request for production of documents [58−1]. It is further Ordered that defendant's objections and answers to plaintiff's second set of interrogatories and defendants objections and reponses to plaintiff's second set of request for production of documents be and hereby deemed to be timely filed pursuant to F.R.C.P. (sj) (Entered: 09/08/2000)

Letter/Correspondence submitted by EEOC regarding receipt of photocopies of deposition transcripts rather than original copies as requested in plaintiff's Motion to Compel. (sj) (Entered: 09/11/2000)

Motion by EEOC to compel production of original deposition transcripts (sj) (Entered: 09/11/2000)

Letter brief filed by University of the IW re: motion for leave to file supplement to expert witness report of Keith Walters, PH.D. [54−1] (sj) (Entered: 09/12/2000)

Response by University of the IW to plaintiff's motion for payment of expert's fees [62−1] (sj) (Entered: 09/12/2000)

Order GRANTING IN PART motion to compel production of documents [55−1]. UIW is ORDERED to produce full complete responsive information and documents to the EEOC's First Request for Production of numbers 1, 15, 17 and 18. UIW must produce these documents within ten days from the date of this Order. UIW must submit to this Court for in camera inspection the unredacted document consisting of a page, dated June 21, 1995 taken from the planning calender of Andy Vasquez within ten days from the date of this Order. (sj) (Entered: 09/13/2000)

Reply by EEOC to defendant's opposition response [61−1] to plaintiff's motion for leave to file second amended complaint. (sj) (Entered: 09/14/2000)

Response by University of the IW to plaintiff's motion to compel production of original deposition transcripts [67−1] (sj) (Entered: 09/22/2000)

Joint motion by University of the IW, EEOC to exceed twenty (20) page limit on parties' dispositive motions, responses and replies thereto (sj) (Entered: 09/22/2000)

Response by University of the IW to plaintiff's motion to compel production of original deposition transcripts [67−1] (sj) (Entered: 09/26/2000)

Motion by EEOC for partial summary judgment (sj) (Entered: 09/26/2000)

Advisory to the court filed by EEOC regarding pending motion to compet production of deposition transcripts. Plaintiff has received said transcripts therefore pending motion is moot. (sj) (Entered: 09/27/2000)

Order denying as moot motion to compel production of original deposition transcripts [67−1] (sj) (Entered: 10/02/2000)

Order DENYING motion for leave to file Second Amended Complaint [57−1] (sj) (Entered: 10/02/2000)

Order GRANTING IN PART joint motion to exceed twenty (20) page limit on parties' dispositive motions, responses and thereto [73−1]. Parties' dispositive motions and responses shall not exceed 30 pages; any other responses or replies shall not exceed 10 pages. (sj) (Entered: 10/02/2000)

Motion by University of the IW for summary judgment (sj) (Entered: 10/02/2000)

Motion by EEOC for partial summary judgment on defendant's claim to the affirmative defense to plaintiff's hostile work environment (sj) (Entered: 10/03/2000)

Motion by University of the IW for reconsideration or in the alternative for leave to file amended dispositive motions (sj) (Entered: 10/03/2000)

Motion by EEOC for partial summary judgment on defendant's defense of plaintiff's disparate impact claims (sj) (Entered: 10/03/2000)

Motion by EEOC to strike defendant's motion for summary judgment (sj) (Entered: 10/05/2000)

Motion by EEOC for parties to supplement summary judgment evidence (sj) (Entered: 10/05/2000)

Affidavit by University of the IW in support of motion for summary judgment [81−1] (sj) (Entered: 10/05/2000)

Order GRANTING motion to strike defendant's motion for summary judgment [85−1]. UIW's motion for summary judgment filed October 2, 2000 is ORDERED STRICKEN FROM THE RECORD; GRANTING IN PART motion for reconsideration or in the alternative for leave to file amended dispositive motions [83−1]. All responses and replies to any dispositive motion must not exceed 20 pages. UIW's deadline to file all dispositive motions is extend to October 13, 2000. (sj) Modified on 10/06/2000 (Entered: 10/06/2000)

Motion by EEOC for reconsideration of Court's Order of 9/29/00 denying Plaintiff leave to file Second Amended Complaint (sj) (Entered: 10/06/2000)

Response by University of the IW to plaintiff's motion for partial summary judgment [75−1] (sj) (Entered: 10/10/2000)

Order granting motion for parties to supplement summary judgment evidence [86−1] (sj) (Entered: 10/10/2000)

Supplement filed by EEOC to motion for partial summary judgment on defendant's defense of plaintiff's disparate impact claims [84−1]. (sj) (Entered: 10/10/2000)

Motion by University of the IW for partial summary judgment on Maria Ferdin's claim of age discrimination (sj) (Entered: 10/16/2000)

Motion by University of the IW for partial summary judgment on Armando Cedillo's claim of retaliation (sj) (Entered: 10/16/2000)

Motion by University of the IW for partial summary judgment on claims of discrimination on the basis of national origin (sj) (Entered: 10/16/2000)

Response by University of the IW to plaintiff's motion for partial summary judgment on defendant's defense of plaintiff's disparate impact claims [84−1] (sj) (Entered: 10/17/2000)