Case: EEOC v. American Superior Feeds, Inc. d/b/a "Bluebonnet Feeds"

EEOC v. American Superior Feeds, Inc.

EEOC v. American Superior Feeds, Inc.

No Court

EEOC v. American Superior Feeds, Inc.

EEOC v. American Superior Feeds, Inc.

EEOC v. American Superior Feeds, Inc.

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT (nm) (Entered: 07/01/2002)

ATTORNEY APPEARANCE for plaintiff EEOC by Michelle M Robertson (nm) (Entered: 07/01/2002)

ATTORNEY APPEARANCE for plaintiff EEOC by Toby W Costas (cjs) (Entered: 07/05/2002)

ATTORNEY APPEARANCE for plaintiff EEOC by Suzanne M Anderson (cjs) (Entered: 07/05/2002)

CERTIFICATE re Rule 11 signed by plaintiff EEOC (cjs) (Entered: 07/05/2002)

PRAECIPE for and issued 1 summons by plaintiff EEOC (cjs) (Entered: 07/09/2002)

CERTIFICATE re Rule 11 signed by cnsl for plaintiff EEOC (cjs) (Entered: 07/09/2002)

RETURN OF SERVICE executed upon defendant American Sup Feeds on 7/10/02 by certified mail (nm) (Entered: 07/15/2002)

ATTORNEY APPEARANCE for defendant American Sup Feeds by Mike Mordy, Burke Mordy (cjs) (Entered: 07/29/2002)

CERTIFICATE re Rule 11 signed by cnsl for defendant American Sup Feeds (cjs) (Entered: 07/29/2002)

ANSWER by defendant American Sup Feeds (cjs) (Entered: 07/29/2002)

DISCLOSURE Statement filed by defendant American Sup Feeds adding no pty as its parent corporation (cjs) (Entered: 07/29/2002)

STATUS REPORT by plaintiff EEOC, defendant Amer Superior Feeds; jury trial demanded; est trial time 2 days liab and 1 day damages; bif req - no; possibility of settlement - fair; med req; ptys consent to trial by magistrate judge - no (cjs) (Entered: 08/29/2002)

JOINT DISCOVERY PLAN by plaintiff EEOC, defendant Amer Superior Feeds (cjs) (Entered: 08/29/2002)

SCHEDULING ORDER Honorable Ralph G. Thompson ; jury trial set for 5/12/03 ; Discovery set for 4/7/03 ;mtn filing ddl set for 3/7/03 ; pretrial report due 4/7/03 ; status scheduling conference held on 10:40 9/6/02 mtns to join due: w/in 15 days of this order mtns to amend due: w/in 15 days of this order pla's wit lst due: 2/7/03 pla's exh lst due: 2/7/03 dft's wit lst due: 10 days thereafter dft's exh lst due: 10 days thereafter mtns in limine due: 4/7/03 jury instr due: 4/7/03 voir dire requests due: 4/7/03 trial briefs due : 4/7/03 PFofFact & Concl due: 4/7/03 ADR Session Held by Date: 12/31/02 (cc: all counsel), referral to ADR referring matter to Mediator Selection Order Due 11/1/02 (cjs) (Entered: 09/06/2002)

ORDER, selection order Selection Order satisfied ADR Session to be held on 12/10/02 at 10:0 added Leslie L Conner Jr as Mediator (cc: all counsel) [EOD Date 11/4/02] (cjs) (Entered: 11/04/2002)

MOTION with brief in support by plaintiff EEOC to quash subpoena , and for protective order (cjs) (Entered: 11/21/2002)

ENTER ORDER by Honorable Ralph G. Thompson re [17-1], re [17-2] dft is directed to file a response to the mtn to quash subpoena filed by pla. Dft response shall be filed no later than the close of business on Friday, 11/22/02 (cc: all counsel) [EOD Date 11/22/02] (cjs) (Entered: 11/22/2002)

OBJECTIONS by defendant Amer Superior Feeds to motion to quash subpoena [17-1], motion for protective order [17-2] (cjs) (Entered: 11/25/2002)

ORDER by Honorable Ralph G. Thompson denying pla's motion to quash subpoena [17-1], denying motion for protective order [17-2] Accordingly, for the foregoing reasons, the Court finds pla's mtn to quash the depo subpoena issued to Mr Hill should be denied. However the depo date (November 26, 2002) is stricken and the ptys shall reset the depo at a mutually convenient date and time (cc: all counsel) [EOD Date 11/26/02] (cjs) (Entered: 11/26/2002)

ADR REPORT by Mediator terminating party Mediator ADR Session session held. Case did not settle (cjs) (Entered: 12/16/2002)

JOINT REPORT TO THE COURT ON MEDIATION/NOTICE by plaintiff EEOC, defendant Amer Superior Feeds (cjs) (Entered: 12/17/2002)

WITNESS list submitted by plaintiff EEOC (cjs) (Entered: 02/07/2003)

EXHIBIT list by plaintiff EEOC (cjs) (Entered: 02/07/2003)

EXHIBIT list by defendant Amer Superior Feeds (cjs) (Entered: 02/18/2003)

MOTION by plaintiff EEOC to extend scheduling order deadlines (cjs) (Entered: 02/28/2003)

ENTER ORDER by Honorable Ralph G. Thompson re pla's mtn for ext of deadlines [25-1] Dft is directed to file any obj w/in 6 days (cc: all counsel) [EOD Date 3/3/03] (cjs) (Entered: 03/03/2003)

MOTION and Brief in support by defendant Amer Superior Feeds for summary judgment in their favor (cjs) (Entered: 03/05/2003)

OBJECTIONS by defendant Amer Superior Feeds to pla's motion to extend scheduling order deadlines [25-1] (cjs) (Entered: 03/07/2003)

ORDER by Honorable Ralph G. Thompson granting pla's motion to extend scheduling order deadlines [25-1], ; Discovery set for 5/22/03 ; Motion Filing ddl 4/21/03 ; Jury trial 6/23/03 (cc: all counsel) [EOD Date 3/7/03] (cjs) (Entered: 03/07/2003)

ADDITIONAL WITNESS list submitted by defendant Amer Superior Feeds (cjs) (Entered: 03/11/2003)

UNOPPOSED MOTION and brief in support by plaintiff EEOC to extend deadline for responding to dft's mtn for sumjgm (cjs) (Entered: 03/19/2003)

ORDER by Honorable Ralph G. Thompson granting pla's motion to extend deadline for responding to dft's mtn for sumjgm [31-1] time to respond to dft's mtn is enlarged to 4/11/03 (cc: all counsel) [EOD Date 3/19/03] (cjs) (Entered: 03/19/2003)

RESPONSE and Objection by plaintiff EEOC to dft's motion for summary judgment in their favor [27-1] (cjs) (Entered: 04/14/2003)

REPLY by defendant Amer Superior Feeds to pla's obj/ response to dft's motion for summary judgment in their favor [27-1] (cjs) (Entered: 04/30/2003)

APPLICATION/MOTION by defendant Amer Superior Feeds for leave to file already filed reply brief (cjs) (Entered: 05/02/2003)

ORDER by Honorable Ralph G. Thompson granting motion for dft's leave to file already filed reply brief [35-1] (cc: all counsel) [EOD Date 5/2/03] (cjs) (Entered: 05/02/2003)

ORDER by Honorable Ralph G. Thompson denying dft's motion for summary judgment in their favor [27-1] Accordingly, based upon the record and construing the facts in the light most favorable to the non-moving pty, the Court finds dft has not demonstrated that it is entitled to sumjgm on the issue of whether its alleged violation of the EPA was willful (cc: all counsel) [EOD Date 5/14/03] (cjs) (Entered: 05/14/2003)

MOTION by defendant Amer Superior Feeds in limine re certain testimony and exh (cjs) (Entered: 05/15/2003)

ORDER by Honorable Ralph G. Thompson granting dft's motion to extend time to submit pretrial order [39-1], ; Pretrial report ddl 5/29/03 It is therefore ordered, adjudged and decreed by the Court that the deadline for submitting the final pretrial Order, proposed voir dire and jyinstr is ext until on or before 5/29/03 (cc: all counsel) [EOD Date 5/15/03] (cjs) (Entered: 05/15/2003)

FIRST MOTION and Brief in support by plaintiff EEOC in limine to exclude testimony of EEOC Fed Investigator Robert Hill (cjs) (Entered: 05/23/2003)

SECOND MOTION and brief in support by plaintiff EEOC in limine re any and all ref to the fact that Mrs Denison and her husband filed bankruptcy, re Mrs Denison may have been pla in a personal inj accident in 1972, re termination of Mrs Denison emp w/dft (cjs) (Entered: 05/23/2003)

DEPOSITION DESIGNATIONS/WITNESS list submitted by plaintiff EEOC (cjs) (Entered: 05/27/2003)

OBJECTIONS by plaintiff EEOC to dft's motion in limine re certain testimony and exh [38-1] (cjs) (Entered: 05/28/2003)

JURY INSTRUCTIONS submitted by defendant Amer Superior Feeds (cjs) (Entered: 05/29/2003)

Proposed VOIR DIRE submitted by defendant Amer Superior Feeds (cjs) (Entered: 05/29/2003)

JURY INSTRUCTIONS submitted by plaintiff EEOC (cjs) (Entered: 05/30/2003)

Proposed VOIR DIRE submitted by plaintiff EEOC (cjs) (Entered: 05/30/2003)

JOINT PRE-TRIAL REPORT (cjs) (Entered: 05/30/2003)

ORDER by Honorable Ralph G. Thompson denying pre-trial order order [49-1] for failure to comply w/mandatory req of local court rules. A revised prop final pretrial order will be filed w/in 10 days of this order (cc: all counsel) [EOD Date 6/2/03] (cjs) (Entered: 06/02/2003)

ORDER by Honorable Ralph G. Thompson granting pla's second motion in limine re any and all ref to the fact that Mrs Denison and her husband filed bankruptcy, re Mrs Denison may have been pla in a personal inj accident in 1972, re termination of Mrs Denison emp w/dft [42-1] (cc: all counsel) [EOD Date 6/3/03] (cjs) (Entered: 06/03/2003)

ENTER ORDER by Honorable Ralph G. Thompson re dft's mtn in lim [38-1] Pla has responded to dft's mtn and is ordered to provide the Court with a copy of the documents ref in the exh by 1:00 p.m. on Wednesday, June 4, 2003 (cc: all counsel) [EOD Date 6/3/03] (cjs) (Entered: 06/03/2003)

ENTER ORDER by Honorable Ralph G. Thompson re pla's first mtn in lim [41-1] dft shall on or before 6/9/03, file a response to pla's first mtn in lim (cc: all counsel) [EOD Date 6/3/03] (cjs) (Entered: 06/03/2003)

OBJECTIONS by defendant Amer Superior Feeds to pla's first motion in limine to exclude testimony of EEOC Fed Investigator Robert Hill [41-1] (cjs) (Entered: 06/10/2003)

ORDER by Honorable Ralph G. Thompson granting in part and denying in part dft's motion in limine re certain testimony and exh [38-1] FULLY SET OUT IN ORDER (cc: all counsel) [EOD Date 6/11/03] (cjs) (Entered: 06/11/2003)

ORDER by Honorable Ralph G. Thompson granting pla's motion in limine to exclude testimony of EEOC Fed Investigator Robert Hill [41-1] (cc: all counsel) [EOD Date 6/11/03] (cjs) (Entered: 06/11/2003)

AMENDED JOINT PRE-TRIAL REPORT (cjs) (Entered: 06/12/2003)

ORDER by Honorable Ralph G. Thompson granting pre-trial order order [58-1] (cc: all counsel) [EOD Date 6/16/03] (cjs) (Entered: 06/16/2003)

ORDER by Honorable Ralph G. Thompson, ; Settlement conf set for 7/16/03 at 9:30 a.m. one copy of each party's settlement conf stmt must be submitted no later than noon on 7/11/03 to Magistrate Judge Robert Bacharach (cc: all counsel) [EOD Date 7/1/03] (cjs) (Entered: 07/01/2003)

ORDER the Settlement Conference scheduled for 07/16/03 at 9:30 a.m. is stricken and the case is re-set for 07/21/03 at 9:30 a.m., by Magistrate Judge Bob Bacharach, ; (cc: all counsel) [EOD Date 7/2/03] (bf) (Entered: 07/02/2003)

ORDER by Magistrate Judge Bob Bacharach, ; Settlement conf scheduled for 07/21/03 at 9:30 a.m. is stricken and is re-set for a Settlement Conference 07/23/03 at 9:30 a.m.; The settlement conference statements are due by noon 07/18/03 (cc: all counsel) [EOD Date 7/8/03] (bf) (Entered: 07/08/2003)

ORDER by Magistrate Judge Bob Bacharach, the Settlement conf was held on July 23, 2003 before Judge Bacharach; the case did not settle; Michelle Robertson & Suzanne Anderson appeared as counsel for Plf & Mike Mordy appeared as counsel for Dft (cc: all counsel) [EOD Date 7/23/03] (kab) (Entered: 07/23/2003)

ORDER by Honorable Ralph G. Thompson re ptys amd pretrial rpt [58-1] Parties shall immediately review the Brief Statement of the Case set out in this order and notify the court of any obj thereto. (cc: all counsel) [EOD Date 7/25/03] (cjs) (Entered: 07/25/2003)

RESPONSE to Court Order of 7/25/03 by plaintiff EEOC (cjs) (Entered: 07/28/2003)

DESIGNATION OF IMPEACHMENT TESTIMONY/NOTICE by defendant Amer Superior Feeds (cjs) (Entered: 08/04/2003)

OBJECTIONS by defendant Amer Superior Feeds to deposition testimony (cjs) (Entered: 08/04/2003)

COURTROOM MINUTES: jury trial begin ptys announce ready; jury duly empaneled and admonished; Rule invoked on mtn of pla; pla and dft make opening stmts; pla presents case in chief w/testimony of wit; (cjs) (Entered: 09/11/2003)

COURTROOM MINUTES: re further jury trial [68-1]; pla continues case in chief; pla rests; dfts mtn for sumjgm - denied; dft presents case in chief w/testimony of wit; (cjs) (Entered: 09/11/2003)

COURTROOM MINUTES: re further jury trial [68-1]; dft continues case in chief w/testimony of wit; ptys rest; dft renews mtn for sumjgm and is denied; closing arguments; court instructs the jury; bailiff sworn; jury is polled; jury is discharged (cjs) (Entered: 09/11/2003)

COURT'S EXHIBITS (cjs) (Entered: 09/11/2003)

INSTRUCTIONS TO THE JURY submitted (cjs) (Entered: 09/11/2003)

VERDICT for defendant Amer Superior Feeds against plaintiff EEOC (cjs) (Entered: 09/11/2003)

JUDGMENT: by Honorable Ralph G. Thompson, jury trial end , dismissing case Issues have been tried and on 9/10/03, the jury rendered its verdict in favor of dft on the pla's Equal Pay Act clam (cc: all counsel) (cjs) (Entered: 09/12/2003)

BILL OF COSTS submitted by defendant Amer Superior Feeds re findings of fact judgment jury trial end [74-1] (cjs) (Entered: 09/22/2003)

MOTION and brief in support by defendant Amer Superior Feeds for order for recovery of legal fees (cjs) (Entered: 09/22/2003)

MOTION and brief in support by defendant Amer Superior Feeds for order for costs (cjs) (Entered: 09/22/2003)

RESPONSE and OBJECTION by plaintiff EEOC to dft's motion for order for costs [76-1] (cjs) (Entered: 10/07/2003)

RESPONSE AND OBJECTION by plaintiff EEOC to dft's motion for order for recovery of legal fees [75-1] (cjs) (Entered: 10/07/2003)

ORDER denying [75] dft's Motion for Order for Recovery of Legal Fees. Signed by Judge Ralph G. Thompson on 10/21/03. (cjs, ) (Entered: 10/21/2003)

Minute Entry Costs Taxed in amount of $ 607.75 against Equal Employment Opportunity Comm. (cjs, ) (Entered: 10/28/2003)

MOTION for Order to Review Actions of the Court Clerk on Dft's Bill of Costs by American Superior Feeds Inc. (Attachments: # 1 Exhibit Verfication# 2 Appendix Brief in support# 3 Exhibit Verification# 4 Exhibit Bill of Costs)(cjs, ) (Entered: 11/03/2003)

RESPONSE in Opposition re 81 dft's MOTION for Order to review court clerk's assessment of costs filed by Equal Employment Opportunity Commission. (cjs, ) (Entered: 11/17/2003)

ORDER granting in part and denying in part 81 dft's Obj/ Motion for Order. Dft's obj to the Court Clerk's taxation of costs is sustained in part and denied in part. The Court finds that in addition to the $607.75 taxed by the Court Clerk, an additional $2,390.00 should be taxed against pla.. Signed by Judge Ralph G.