Case: EEOC v. HUMISTON-KEELING, INC.

EEOC v. Humiston Keeling Inc., et al

EEOC v. Humiston-Keeling Inc, et al

U.S. Court of Appeals for the Seventh Circuit

EEOC v. Humiston-Keeling, Inc.

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT; jury demand - Civil cover sheet - Appearance(s) of Jeanne B. Szromba, Jean Powers Kamp and John C. Hendrickson as attorney(s) for plaintiff EEOC (No summons(es) issued.) (Documents: 1-1 through 1-3) (hp) (Entered: 08/14/1997)

ANSWER to compliant by defendant; Notice of filing. (Temporarily unavailable for docketing.) (hp) (Entered: 10/22/1997)

ATTORNEY APPEARANCE for defendant by W. Irl Reasonser, Kirk M. Wall, Donald F. Peters Jr., and Christopher Paul Lyons (hp) (Entered: 10/22/1997)

MINUTE ORDER of 10/17/97 by Hon. George W. Lindberg : Defendant's motion for Donald F. Peters to appear pro hac vice is granted. [3-1] Status hearing set for 02/03/98 at 9:30 a.m. Trial set for 06/02/98 at 10:00 a.m. Discovery closes 02/03/98. Dispositive motions due 02/10/98. Proposed final pretrial order to be submitted to chambers on 04/16/98 a 11:00 a.m. Mailed notice (hp) (Entered: 10/22/1997)

MINUTE ORDER of 11/3/97 by Hon. George W. Lindberg : The order of 10/17/97 is amended to reflect that Mr. Peters is already a practicing member of this district trial bar. Leave of court is given to Irl Reasoner and Kirk Wall to appear pro hac vice on behalf of the defendant. Mailed notice (hp) (Entered: 11/07/1997)

AGREED MOTION by plaintiff for leave to file appearance instanter for attorney Ethan M. M. Cohen ; Notice of motion. (Temporarily unavailable for docketing.) (hp) (Entered: 12/08/1997)

ATTORNEY APPEARANCE for plaintiff EEOC by Ethan M.M. Cohen (hp) (Entered: 12/08/1997)

MINUTE ORDER of 12/4/97 by Hon. George W. Lindberg : Status hearing set for 02/02/98 at 9:30 a.m. Plaintiff's agreed motion for leave to file appearance instanter is granted. [7-1] Leave of court is given to Ethan M. Cohen to file his appearance instanter. No notice (hp) (Entered: 12/08/1997)

SCHEDULE set on 1/8/98 by Hon. George W. Lindberg : Status hearing reset to 10:00 2/6/98 . Mailed notice (slb) (Entered: 01/08/1998)

JOINT MOTION by plaintiff to extend discovery ; Notice of joint motion (hp) (Entered: 01/30/1998)

MINUTE ORDER of 1/29/98 by Hon. George W. Lindberg : Plaintifff's joint motion to extend discovery is granted. [10-1] Discovery is extended to 03/20/98. Dispositive motions due 03/23/98. Response due 04/06/98. Reply due 04/13/98. Date for submitting the proposed final pretrial order will be reset after the court's ruling on the dispositive motions. Mailed notice (hp) (Entered: 01/30/1998)

MOTION by plaintiff for protective order ; Notice of motion. (mak) (Entered: 02/10/1998)

MEMORANDUM by plaintiff in support of motion for protective order [12-1] (mak) (Entered: 02/10/1998)

MINUTE ORDER of 2/6/98 by Hon. George W. Lindberg : Response toplaintiff's motion for protective order [12-1] due 02/13/98. Replydue 02/18/98. Ruling set for 04/03/98 at 9:45 a.m. Leave is given to the parties to take the deposition of plaintiff's treating physicians. Status hearing held; continued to 9:30 4/10/98. Dispositive motions due 4/14/98. Proposed final pretrial order to be submitted in chambers on 07/20/98 at 10:00 a.m. Trial set for 10:00 a.m. 8/3/98 . Mailed notice (mak) (Entered: 02/10/1998)

MEMORANDUM of law by defendant in opposition to plaintiff's motion for protective order [12-1] (Exhibits) (hp) (Entered: 02/18/1998)

REPLY by plaintiff in support of EEOC's motion for protective order [12-1] (hp) (Entered: 02/25/1998)

MOTION by defendant Humiston-Keeling, Inc. to file memorandum in support of summary judgment in excess of page limit ; Notice of motion (hp) (Entered: 04/06/1998)

MOTION by defendant Humiston-Keeling, Inc. to set case for settlement conference (Exhibits) (hp) (Entered: 04/06/1998)

MOTION by plaintiff for leave to file first amended complaint (Exhibit); Notice of motion (hp) (Entered: 04/06/1998)

FIRST AMENDED COMPLAINT [1-1] by plaintiff; jury demand; adding defendant Cardinal Health (hp) (Entered: 04/06/1998)

MINUTE ORDER of 4/3/98 by Hon. George W. Lindberg : Plaintiff's motion for leave to file first amended complaint is granted. [17-1] Answer due 04/17/98. Status hearing date is stricken. Discovery is extended to 04/30/98 as to the new issue raised in the amended complaint. No notice (hp) (Entered: 04/06/1998)

MINUTE ORDER of 4/3/98 by Hon. George W. Lindberg : Defendant's motion to set case for settlement conference is granted. [21-1] Defendant's motion to file memorandum in support of its summary judgment in excess of fifteen pages is granted. [20-1] The court also grants plaintiff leave to respond to the motion for summary judgment in excess of fifteen pages. Plaintiff's cross motion for summary judgment due 05/06/98. Response due 05/13/98. Reply due 05/20/98. Ruling set for 07/20/98 at 9:45 a.m. Proposed final pretrial order to be submitted to chambers on 07/27/98 at 10:00 a.m. No notice (hp) (Entered: 04/06/1998)

MINUTE ORDER of 4/3/98 by Hon. George W. Lindberg : Plaintiff's motion for protective order is granted in part an denied in part. [12-1] (See reverse of minute order.) Mailed notice (tlm) (Entered: 04/10/1998)

REFERRAL ORDER of 04/03/98: Case referred to Hon. Martin C. Ashman pursuant to Local General Rule 2.41(b). To conduct hearings and enter appropriate orders on the following pretrial motion/matter: Settlement conference. (For further detail see order.) Mailed notice (hp) (Entered: 04/09/1998)

ANSWER to plaintiff's first amended complaint by defendants (hp) (Entered: 04/20/1998)

MOTION by plaintiff for leave to file second amended complaint ; Notice of motion. (vmj) (Entered: 04/27/1998)

SCHEDULE set on 4/23/98 by Hon. Martin C. Ashman : Settlement conference set for 11:00 5/20/98 in chambers 2206. All clients and parties with full authority to settle are to be physically present. Failure to have parties with full authority to settle present may result in the imposition of severe sanctions. (For further detail see attached standing order.) Mailed notice (is) (Entered: 04/23/1998)

MINUTE ORDER of 4/24/98 by Hon. George W. Lindberg: Plaintiff's motion for leave to file second amended complaint is granted [26-1]. Mailed notice (vmj) (Entered: 04/27/1998)

SECOND AMENDED COMPLAINT by plaintiff; jury demand; adding Whitmore Dist Corp. (vmj) (Entered: 04/27/1998)

MOTION by defendants Humiston-Keeling Inc, and Cardinal Health, Inc. for protective order (Exhibits) (hp) (Entered: 05/12/1998)

RE-NOTICE of motion by defendants Humiston Keeling Inc, and Cardinal Health, Inc. regarding motion for protective order [33-1] (hp) (Entered: 05/12/1998)

MOTION by defendants for summary judgment ; Notice of filing (hp) (Entered: 05/08/1998)

MEMORANDUM of law by defendant in support of defendants' motion for summary judgment [29-1] (Exhibits) (hp) (Entered: 05/08/1998)

LOCAL RULE 12(M) Statement of uncontested facts by defendants (hp) (Entered: 05/08/1998)

CERTIFICATE of service by defendants (hp) (Entered: 05/08/1998)

MOTION by plaintiff EEOC for partial summary judgment ; Notice of filing (hp) (Entered: 05/12/1998)

MEMORANDUM by plaintiff EEOC in support of plaintiff's motion for partial summary judgment [36-1] (Exhibits) (hp) (Entered: 05/12/1998)

EXCERPTS by defendants from deposition transcripts and exhibits supporting defendants' Local Rule 12(M) statement of uncontested facts [31-1] (Volume I of II) (hp) (Entered: 05/12/1998)

STATEMENT OF UNDISPUTED facts by EEOC (Attachments) (mak) (Entered: 10/04/1999)

MINUTE ORDER of 5/7/98 by Hon. George W. Lindberg : Defendants Humiston-Keeling, Inc. and Cardinal Health, Inc.'s motion for protective order is denied for the reasons stated in open court. Response to the motion for summary due 05/27/98. Reply due 06/04/98. Ruling date remains the same. [29-1] [33-1] No notice (hp) (Entered: 05/12/1998)

ANSWER to plaintiff's second amended complaint by defendants (hp) (Entered: 05/20/1998)

MINUTE ORDER of 5/20/98 by Hon. Martin C. Ashman : Settlement conference held. Parties did not reach settlement. Case is not settled. All matters relating to the referral of this action having been resolved, the case is returned to the assigned judge. No notice (hp) (Entered: 05/22/1998)

MEMORANDUM by defendants in opposition to plaintiff's motion for partial summary judgment [36-1] (Exhibits) (hp) (Entered: 05/28/1998)

LOCAL RULE 12(N) Statement of contested facts by defendants' (Exhibits) (hp) (Entered: 05/28/1998)

MOTION by EEOC to strike certain portions of defendant's statement of undisputed facts and exhibits ; Notice of motion (hp) (Entered: 06/09/1998)

MEMORANDUM by EEOC in support of their motion to strike [52-1] (hp) (Entered: 06/09/1998)

MEMORANDUM by EEOC in opposition to defendants' motion for summary judgment [29-1] (hp) (Entered: 06/09/1998)

RESPONSE by plaintiff to defendant's Local Rule 12(M) statement of uncontested facts (Exhibits) (hp) (Entered: 06/09/1998)

AFFIDAVIT of Ladye Perry (hp) (Entered: 06/08/1998)

AFFIDAVIT of Larry M. Zurek (hp) (Entered: 06/08/1998)

SUPPLEMENTAL AFFIDAVIT of Richard P. Meserve (Attachment); Notice of filing original affidavits (hp) Modified on 06/08/1998 (Entered: 06/08/1998)

REPLY by plaintiff in support of its motion for partial summary judgment [36-1]; Notice of filing (hp) (Entered: 06/05/1998)

REPLY by plaintiff to defendant's Local Rule 12(N) statement of uncontested facts [43-1] (Exhibits) (hp) (Entered: 06/05/1998)

MEMORANDUM by defendants in opposition to plaintiff's motion to strike (Exhibit) (hp) (Entered: 06/05/1998)

REPLY MEMORANDUM by defendants in support of defendants' motion for summary judgment [29-1] (Exhibits) (hp) (Entered: 06/05/1998)

REPLY by defendants to plaintiff's response to defendanats' Local Rule 12(M) statement of uncontested facts [45-1] (Exhibits) (hp) (Entered: 06/05/1998)

MINUTE ORDER of 6/5/98 by Hon. George W. Lindberg : EEOC's motion to strike certain portions of defendant's statement of undisputed facts and exhibits [52-1] will be taken under advisement with the motion for summary judgment. [36-1] No notice (hp) (Entered: 06/09/1998)

SECOND DECLARATION of Richard Proulx by plaintiff (hp) (Entered: 07/06/1998)

SECOND DECLARATION of Nancy Houser by plaintiff; Notice of filing (hp) (Entered: 07/06/1998)

STIPULATED PROTECTIVE ORDER (hp) (Entered: 07/15/1998)

MINUTE ORDER of 8/14/98 by Hon. George W. Lindberg : Ruling date on the motion for summary judgment is stricken; ruling will be made by mail. Final pretrial order will be due two weeks after the ruling on the motion for summary judgment and the trial date is set for the first Monday of the following month. Mailed notice (hp) (Entered: 08/18/1998)

TRANSCRIPT of proceedings for the following date(s): 04/03/98 Before Honorable George W. Lindberg (hp) (Entered: 09/14/1998)

MOTION by plaintiff to file, instanter, recent decisions in further support of EEOC's motion for partial summary judgment (Attachment); Notice of motion (hp) (Entered: 09/29/1998)

MINUTE ORDER of 9/25/98 by Hon. George W. Lindberg : Plaintiff's motion to file, instanter, recent decisions in further support of EEOC's motion for partial summary judgment is granted. [63-1] Mailed notice (hp) (Entered: 09/29/1998)

SCHEDULE set on 12/14/98 by Hon. George W. Lindberg : Status hearing set to 9:30 1/7/99 . Mailed notice (slb) (Entered: 12/14/1998)

MOTION by defendants to file, instanter, recent decisions in further support of defendants' motion for summary judgment (Attachment); Notice of motion (hp) (Entered: 12/18/1998)

MINUTE ORDER of 12/16/98 by Hon. George W. Lindberg : Defendants' motion to file, instanter, recent decisions in further support of defendants' motion for summary judgment is granted. [65-1] Mailed notice (hp) (Entered: 12/18/1998)

SCHEDULE set on 1/6/99 by Hon. George W. Lindberg : Status hearing date of January 7, 1999 is stricken. Ruling on the pending motion for summary judgment set for March 25, 1999 at 9:45a.m. Mailed notice (slb) (Entered: 01/06/1999)

AGREED MOTION by EEOC for leave to file appearance of John A. Knight instanter (Attachment); Notice of motion. (Originally entered on the wrong docket.) (hp) Modified on 09/14/1999 (Entered: 04/02/1999)

MEMORANDUM, OPINION AND ORDER (hp) (Entered: 03/30/1999)

MINUTE ORDER of 3/29/99 by Hon. George W. Lindberg : Plaintiff's motion to strike certain portions of defendant's statement of undisputed facts and attached exhibits is denied. [52-1] Plaintiff's motion for partial summary judgment is denied. [36-1] Defendant's motion for summary judgment is granted. [29-1] Mailed notice (hp) (Entered: 03/30/1999)

ENTERED JUDGMENT (hp) (Entered: 03/30/1999)

ATTORNEY APPEARANCE for plaintiff EEOC by John A. Knight. (Originally entered on the wrong docket.) (hp) Modified on 09/14/1999 (Entered: 04/02/1999)

MINUTE ORDER of 3/31/99 by Hon. Milton I. Shadur : Plaitniff's agreed motion for leave to file appearance instanter is granted. [70-1] John Knight is granted leave to file an apperance of the plaintiff. Telephoned notice. (Originally entered on the wrong docket.) (hp) Modified on 09/14/1999 (Entered: 04/02/1999)

MOTION by plaintiff to reconsider ,and to alter or amend judgment (Attachments); Notice (dj) Modified on 09/15/1999 (Entered: 05/17/1999)

MOTION by defendants for leave to file motion , for attorney fees and nontaxable expenses. (Attachment); Notice (dj) (Entered: 05/17/1999)

SCHEDULE set on 4/12/99 by Hon. George W. Lindberg : Hearing scheduled for April 20, 1999 at 9:15a.m. on plaintiff's motion for court to reconsider and to alter or amend judgment No notice (slb) (Entered: 04/12/1999)

MOTION by plaintiff for leave to file EEOC's corrected motion to reconsider , and to alter or amend judgment (Attachments); Notice (dj) (Entered: 05/25/1999)

BILL OF COSTS submitted 04/29/99 (Attachments) (mak) Modified on 04/30/1999 (Entered: 04/30/1999)

NOTICE of filing by defendants of bill of costs [73-1]. (mak) (Entered: 05/03/1999)

MINUTE ORDER of 4/29/99 by Hon. George W. Lindberg: Judgment having been entered in this action on 03/30/99 against the plaintiff, costs are taxed in the amount of $7,848.13. Filed Bill of Cost. Mailed notice (mak) (Entered: 04/30/1999)

COSTS taxed bill of costs [73-1] for defendants in the amount of $ 7,848.13 against plaintiff (Attachments) (mak) (Entered: 04/30/1999)

MINUTE ORDER of 5/12/99 by Hon. George W. Lindberg : Plaintiff's moition to file a corrected brief is granted. Defendant may file a response to plaintiff's motion to reconsider by 06/02/99. No reply is ordered. Defendant's motion to file a motion for attorney's fees is denied as this time. Any motions for fees may be refiled after the court rules on the motion to reconsider. Mailed notice (lal) (Entered: 05/13/1999)

MEMORANDUM by defendants' in opposition to EEOC's corrected motion to reconsider and to alter or amend judgment [79-1], [79-2] (Attachments); Notice. (lal) (Entered: 06/04/1999)

MOTION by plaintiff to file, instanter, recent decision in further support of EEOC's motion to reconsider and to alter or amend judgment (Attachments) ; Notice. (lal) (Entered: 07/07/1999)

SCHEDULE set on 6/25/99 by Hon. George W. Lindberg : Noticed motion scheduled for 9:15 7/1/99 No notice (slb) (Entered: 06/25/1999)

MINUTE ORDER of 7/2/99 by Hon. George W. Lindberg : The plaintiff's motion for reconsideration [79-1] and to alter or amend the judgment is denied. [79-2] Mailed notice (lal) (Entered: 07/07/1999)

MEMORANDUM, OPINION, AND ORDER (lal) (Entered: 07/07/1999)

MOTION by defendants' for leave to file motion for attorneys' fees and nontaxable expenses ; Notice (lal) (Entered: 07/29/1999)

MOTION by plaintiff to stay payment of costs and fee petition proceedings pending appeal ; Notice. (lal) (Entered: 07/29/1999)

SCHEDULE set on 7/24/99 by Hon. George W. Lindberg : Noticed motion scheduled for 9:15 7/28/99 No notice (slb) (Entered: 07/24/1999)

MINUTE ORDER of 7/28/99 by Hon. George W. Lindberg : Plaintiff's motion to stay payment of costs and fee petition proceedings pending appeal is granted. [84-1] Defendants' motion for leave to file motion for attorney's fees and nontaxable expenses is entered and continued 01/20/00 at 9:15 a.m. [83-1] Notice mailed. (lal) (Entered: 07/29/1999)

SCHEDULE set on 8/26/99 by Hon. George W. Lindberg : Status hearing set to 9:30 9/15/99 . Mailed notice (slb) (Entered: 08/26/1999)

NOTICE OF APPEAL by plaintiff EEOC order [67-1] from order [67-1], motion minute order [68-1] from motion minute order [68-1], judgment entered [69-1] from judgment entered [69-1], order [79-1] from order [79-1], motion minute order [80-1] from motion minute order [80-1]; Notice ( Fee Waived)(rmm) Modified on 09/07/1999 (Entered: 09/07/1999)

DOCKETING STATEMENT by plaintiff EEOC appeal [86-1] regarding appeal [86-1] . (rmm) (Entered: 09/07/1999)

SCHEDULE set on 9/7/99 by Hon. George W. Lindberg : Status hearing reset to 9:00 9/17/99 . Mailed notice (slb) (Entered: 09/07/1999)

TRANSMITTED to the 7th Circuit the short record on appeal appeal [86-1] . Mailed notice to all counsel. (rmm) (Entered: 09/07/1999)

ACKNOWLEDGEMENT of receipt of short record on appeal [86-1] USCA 99-3281. (lal) (Entered: 09/15/1999)

CERTIFIED copy of Order from the 7th Circuit. ( 99-3281) It is Ordered that appellant, on or before 09/23/99, file a brief memorandum stating why this appeal should not be dismissed for lack of jurisdiction as to the judgment entered on 03/30/99. A motion for voluntary dismissal pursuant to Fed. R.App.P. 42(b) will satisy this requirement. Briefing shall be suspended pending further court order. (lal) (Entered: 09/14/1999)

SEVENTH CIRCUIT transcript information sheet by plaintiff (lal) (Entered: 10/03/1999)