Case: EEOC v. LTV STEEL COMPANY, INC.

EEOC v. LTV Steel Company

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT filed; case referred to Mag. Judge Robert J. Kauffman (WW, ilcd) (Entered: 05/27/1998)

NOTICE OF LAWSUIT; Waiver of Service due on 7/27/98 for LTV Steel Company (WW, ilcd) (Entered: 05/27/1998)

ATTORNEY APPEARANCE for plaintiff EEOC by Diane I Smason, Jean P Kamp and John C Hendrickson (WW, ilcd) (Entered: 05/27/1998)

MINUTE-ENTRY: by Judge Joe B. McDade. Initial pretrial/ Rule 16 conference set at 9:30 a.m. on Friday, 10/9/98 in person. Rule 16 notice enclosed.(cc: all counsel) (WW, ilcd) (Entered: 05/28/1998)

WAIVER OF SERVICE returned as to defendant LTV Steel Company; Date waiver sent: 05/28/98 ; Answer due on 7/28/98 (HK, ilcd) (Entered: 06/17/1998)

ANSWER by defendant LTV Steel Company (HK, ilcd) (Entered: 07/02/1998)

AFFIRMATIVE DEFENSES filed by defendant LTV Steel Company (HK, ilcd) (Entered: 07/02/1998)

CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 filed by defendant LTV Steel Company (HK, ilcd) (Entered: 07/02/1998)

MINUTE-ENTRY:by Judge Joe B. McDade. An answer was filed on 7/2/98. Accordingly, the Initial Pre-Trial/ Rule 16 conference set 10/9/98 at 9:30 is rescheduled to Tuesday, 8/4/98 at 10:00am; in person, in Peoria, IL. (cc: all counsel) (HK, ilcd) (Entered: 07/17/1998)

ATTORNEY APPEARANCE for defendant LTV Steel Company by James A Wright (WW, ilcd) (Entered: 07/24/1998)

AGREED UPON MOTION by defendant LTV Steel Company to continue rule 16 conference until after 9/22/98 but not on 9/30/98 (WW, ilcd) (Entered: 07/24/1998)

MINUTE-ENTRY:by Judge Joe B. McDade. The parties' agreed upon motion to continue rule 16 conference until after 9/22/98 but not on 9/30/98 [7-1] is granted. Initial Pre-Trial/ Rule 16 conference set 8/4/98 is CANCELLED & is reset to 9:30am on Friday, 10/9/98; in person, in Peoria, IL. (cc: all counsel) (HK, ilcd) (Entered: 07/28/1998)

MINUTE-ENTRY: by Judge Joe B. McDade. Initial Pre-Trial Rule 16 conference set 10/9/98 is CANCELLED & is reset to 2:15pm on Thursday, 10/1/98; in person. (cc: all counsel) (HK, ilcd) (Entered: 09/10/1998)

ATTORNEY APPEARANCE by Jose J Behar for plaintiff EEOC (HK, ilcd) (Entered: 09/11/1998)

PROPOSED Scheduling Order & DISCOVERY PLAN filed by parties (original to Court) (HK, ilcd) (Entered: 09/11/1998)

UNCONTESTED MOTION by plaintiff EEOC to continue Rule 16 Conference (HK, ilcd) (Entered: 09/17/1998)

Remark-original of faxed document entitled EEOC's uncontested motion to continue rule 16 conference (HK, ilcd) (Entered: 09/21/1998)

MINUTE-ENTRY: by Judge Joe B. McDade. Due to counsel's travel situation, Pltf's unopposed motion to continue Rule 16 Conference [9-1] is granted. Accordingly, the Rule 16 conference set 10/1/98 at 2:15pm is VACATED & reset to Wednesday, 10/21/98 at 1:00pm; in person, in Peoria,IL. (cc: all counsel) (HK, ilcd) (Entered: 09/21/1998)

MOTION by plaintiff EEOC for leave to amend complaint & to file amended complaint instanter (HK, ilcd) (Entered: 09/28/1998)

MINUTE-ENTRY: by Judge Joe B. McDade granting motion for leave to amend complaint & to file amended complaint instanter [10-1] (cc: all counsel) (HK, ilcd) (Entered: 10/02/1998)

AMENDED COMPLAINT by plaintiff EEOC; jury demand [1-1] (HK, ilcd) (Entered: 10/02/1998)

UNOPPOSED MOTION by defendant LTV Steel Company to extend time to answer or otherwise plead to the Pltf's First Amended Complaint (HK, ilcd) (Entered: 10/14/1998)

MINUTE-ENTRY: by Mag. Judge Robert J. Kauffman granting motion to extend time to answer or otherwise plead to the Pltf's First Amended Complaint [12-1] answer due 10/30/98 (cc: all counsel) (HK, ilcd) (Entered: 10/15/1998)

MOTION by defendant LTV Steel Company to dismiss for lack of subject matter jurisdiction or alternatively, motion for partial summary judgment (HK, ilcd) (Entered: 10/20/1998)

MEMORANDUM IN SUPPORT of motion to dismiss for lack of subject matter jurisdiction [13-1], of motion motion for partial summary judgment [13-2] by defendant LTV Steel Company (HK, ilcd) (Entered: 10/20/1998)

STATEMENT OF UNDISPUTED FACTS by defendant LTV Steel Company in support of its motion to dismiss for lack of subject matter jurisdiction [13-1], in support of motion motion for summary judgment [13-2] (HK, ilcd) (Entered: 10/20/1998)

CERTIFICATE of Compliance with Local Rule 7.1 by defendant LTV Steel Company (HK, ilcd) (Entered: 10/20/1998)

MINUTE-ENTRY: by Judge Joe B. McDade. Parties present in open court by Attys Smason/Moore-Gibbs and Stark for Rule 16 conference at 3:00 on Wednesday, 10/21/98, same held. Oral motion by plaintiff for extension of time (30 days) to respond to motion to dismiss [13-1]. The Court will grant the plaintiffs an extension of time for 21 days. Therefore, the response to motion to dismiss is due by 11/12/98. Discussion held regarding deadlines and interrogatories. Discovery ddl 5/1/99 , Motion filing ddl 8/31/99 . Status hearing before Judge McDade is set for 2:30 pm on 1/5/99, via phone, court to call. Final Pretrial Conference is set before Magistrate Kauffman at 10:00 on Thursday, 11/4/99, in person in Peoria. Jury trial is set before Judge McDade at 9:00 on Monday, 12/20/99 in Peoria (courtroom B). Scheduling Order to enter. This case is classified as "intermediate". (cc: all counsel/Crt Rptr) (KB, ilcd) (Entered: 10/23/1998)

SCHEDULING ORDER by Judge Joe B. McDade. Additional parties may be joined and/or pleading may be amended no later than October 1, 1998. All discovery shall be completed by May 1, 1999. All dispositive motions shall be filed no later than August 31, 1999. Matter set for telephone conference on January 5, 1999 at 2:30 pm before Judge McDade. Final Pretrial Conference set for 10:00 am on Thursday, November 4, 1999 before Magistrate Judge Kauffman in his chambers. Jury Trial date is set for Monday, December 20, 1999 at 9:00 in Peoria before District Judge McDade (Courtroom B). Plaintiff to disclose experts by May 31, 1999. Defendant to disclose experts by June 30, 1999. All expert depositions to be completed by July 30, 1999. (cc: all counsel) (KB, ilcd) (Entered: 10/23/1998)

ANSWER to amended complaint by defendant LTV Steel Company (HK, ilcd) Modified on 10/28/1998 (Entered: 10/28/1998)

AFFIRMATIVE DEFENSES filed by defendant LTV Steel Company (HK, ilcd) (Entered: 10/28/1998)

NOTICE by attorneys Michael Lied and James Wright for defendant LTV Steel Company of change of address (KD, ilcd) (Entered: 11/05/1998)

ATTORNEY APPEARANCE by Mary Manzo for plaintiff EEOC (HK, ilcd) (Entered: 11/12/1998)

RESPONSE by plaintiff EEOC to Deft's motion to dismiss for lack of subject matter jurisdiction [13-1] or alternatively, motion motion for partial summary judgment [13-2] (HK, ilcd) (Entered: 11/12/1998)

ORDER by Judge Joe B. McDade. IT IS ORDERED that defendant's motion to dismiss for lack of subject matter jurisdiction [13-1] is GRANTED and the motion for partial summary judgment [13-2] is DENIED AS MOOT. This matter is referred to Mag. Judge Robert J. Kauffman for further proceedings. (cc: all counsel) (KD, ilcd) (Entered: 11/17/1998)

MINUTE-ENTRY: by Chief Judge Joe B. McDade. Attys. Manzo/Smason/Woods/Humenik & Stark present by phone and Status hearing held 2:30 1/5/99 . Parties to attempt to settle case prior to misc ddl of 8/31/99 . (cc: all counsel) (CL, ilcd) (Entered: 01/06/1999)

Agreed MOTION by plaintiff EEOC for entry of stipulated protective order (SH, ilcd) (Entered: 01/14/1999)

STIPULATED PROTECTIVE ORDER by Mag. Judge Robert J. Kauffman: granting motion for entry of stipulated protective order [23-1]. See Order. (cc: all counsel) (HK, ilcd) (Entered: 01/15/1999)

Agreed MOTION by plaintiff EEOC to extend time in which to conduct expert discovery and filing of dispositive motions (SH, ilcd) (Entered: 05/03/1999)

MINUTE-ENTRY: by Chief Judge Joe B. McDade The parties have indicated that although they will be able to comply with the deadline for completion of fact discovery, they will be unable to complete expert discovery in accordance with the present scheduling order. As the parties have demonstrated reasonable diligence in an attempt to comply, the court will grant the motion for extension [25-1] as follows: Plaintiff to identify expert and produce report by 6/30/99; Defendant to identify expert and produce report by 7/30/99; experts to be deposed no later than 8/30/99; Dispositive Motions are due on or before 9/15/99 ; the final pretrial conference and trial deadlines will remain as previously ordered. Requests for further extension of these deadlines will not be considered absent truly compelling circumstances. (cc: all counsel) (SH, ilcd) (Entered: 05/05/1999)

MINUTE-ENTRY: by Chief Judge Joe B. McDade. Court is setting a Supplemental Final Pre-Trial/Jury Instruction Conference on 12/3/99 at 11:15 am. Parties to meet with law clerk to discuss jury instructions an hour earlier, at 10:15 am. (cc: all counsel) (RK, ilcd) (Entered: 09/10/1999)

ATTORNEY APPEARANCE by Sherrie Dornon & Kenneth Stark for defendant LTV Steel Company (CL, ilcd) (Entered: 09/10/1999)

MOTION by defendant LTV Steel Company to withdraw attorney James A Wright (CL, ilcd) (Entered: 09/10/1999)

MINUTE-ENTRY: by Mag. Judge Robert J. Kauffman granting motion to withdraw attorney James A Wright [27-1] for LTV Steel Company (cc: all counsel) (HK, ilcd) (Entered: 09/14/1999)

ATTORNEY APPEARANCE for defendant LTV Steel Company by Stephen Buck (CL, ilcd) (Entered: 09/16/1999)

CERTIFICATE of compliance with Locarl Rule 7.1(B)(2) by counsel for defendant LTV Steel Company (CL, ilcd) (Entered: 09/16/1999)

MOTION by defendant LTV Steel Company for summary judgment (CL, ilcd) (Entered: 09/16/1999)

STATEMENT OF FACTS ( undisputed) by defendant LTV Steel Company in support of motion for summary judgment [30-1] (CL, ilcd) (Entered: 09/16/1999)

MOTION by plaintiff EEOC to extend time until 10/13/99 to respond to summary judgment (HK, ilcd) (Entered: 09/21/1999)

MINUTE-ENTRY: by Chief Judge Joe B. McDade granting in part & denied in part the motion to extend time until 10/13/99 to respond to summary [32-1]. Plaintiff's response to the motion for summary judgment [30-1] is due on or before 10/6/99. (cc: all counsel) (HK, ilcd) (Entered: 09/22/1999)

MEMORANDUM IN OPPOSITION to motion for summary judgment [30-1] by plaintiff (SH, ilcd) (Entered: 10/07/1999)

CERTIFICATE of Compliance with Local Rule 7.1(B)(2) regarding Memorandum in Opposition to Motion for Summary Judgment by plaintiff (SH, ilcd) (Entered: 10/07/1999)

RESPONSE by plaintiff to Dft's Statement of Undisputed Facts [30-1] regarding Dft's Motion for Summary Judgment [31-1] (SH, ilcd) (Entered: 10/07/1999)

STATEMENT OF FACTS ( Undisputed) by plaintiff regarding motion for summary judgment [30-1] (SH, ilcd) (Entered: 10/07/1999)

NOTICE of Filing (re: Doc Nos. 33-36) by plaintiff (SH, ilcd) (Entered: 10/07/1999)

MINUTE-ENTRY: by Chief Judge Joe B. McDade Final Pretrial conference previously set 11/4/99 before Magistrate Judge Kauffman, the Supplemental Final pretrial conference previously set 12/3/99 and the jury trial previously set 12/20/99 are VACATED. Court reschedules the Final Pretrial conference before Magistrate Judge Kauffman to Thurs., 12/9/99 at 1:30 PM; Supplemental Final Pretrial/Jury Instructions Conference to Wed., 12/22/99 at 3:30 PM (parties to meet with law clerk at 2:30 PM) and the Jury trial to Mon., 1/31/2000 at 9:00 AM. (cc: all counsel) (SH, ilcd) (Entered: 10/12/1999)

REPLY by defendant to response to motion for summary judgment [30- 1] (SH, ilcd) (Entered: 10/22/1999)

CERTIFICATE of Compliance with Local Rule 7.1(B)(2) by defendant (SH, ilcd) (Entered: 10/22/1999)

Supplemental STATEMENT OF FACTS ( Undisputed) by defendant LTV Steel Company in support of statement [31-1] and motion for summary judgment [30-1] (SH, ilcd) (Entered: 10/22/1999)

RESPONSE by defendant to Plaintiff's Statement of Additional Undisputed Facts [36-1] regarding Motion for Summary Judgment[30-1] (SH, ilcd) (Entered: 10/22/1999)

MINUTE-ENTRY: by Chief Judge Joe B. McDade Defendant's Supplemental Statement of Undisputed Facts [41-1] is STRICKEN. Local Rule 7.1(D) does not allow Defendant to submit such a document. Defendant may only file a reply memorandum and respond to plaintiff's statement of additional undisputed facts. Defendant has not requested leave of Court to file #41 and has had ample opportunity to present its facts to the Court. (cc: all counsel) (SH, ilcd) (Entered: 10/28/1999)

MOTION by defendant for leave to file supplemental statement of iundisputed facts, instanter (SH, ilcd) (Entered: 11/05/1999)

MOTION by defendant to continue trial date (SH, ilcd) (Entered: 11/05/1999)

MINUTE-ENTRY: by Chief Judge Joe B. McDade granting defendant's motion for leave to file supplemental statement of undisputed facts, instanter [42-1]. Plaintiff is allowed fourteen days to respond. Misc ddl of 11/24/99 set by which plaintiff's response is due. (cc: all counsel) (ML, ilcd) (Entered: 11/10/1999)

MINUTE-ENTRY: by Chief Judge Joe B. McDade granting motion to continue trial date [43-1] in part. Jury trial previously set at 9:00 1/31/2000 , Final Pretrial conference previously set at 1:30 12/9/99 , and Supplemental Final Pretrial Conference/Jury Instruction Conference previously set at 3:30 12/22/99 are all VACATED and RESET to: Final Pretrial Conference before Magistrate Judge Kauffman at 1:30 p.m. on Tuesday, 1/18/2000 by personal appearance in Peoria , Supplemental Final Pretrial Conference/Jury Instruction Conference at 3:30 p.m. on Thursday, 2/10/2000 by personal appearance in Peoria (parties are to meet with lawclerk at 2:30 p.m.), and Jury Trial at 9:00 am on Monday, 3/13/2000. (cc: all counsel) (ML, ilcd) (Entered: 11/10/1999)

RESPONSE by plaintiff EEOC to Defendant LTV Steel Company Inc's supplemental statement of undisputed facts [41-1] (HK, ilcd) (Entered: 11/29/1999)

MOTION by plaintiff EEOC to strike (HK, ilcd) (Entered: 11/29/1999)

MEMORANDUM IN SUPPORT of EEOC's motion to strike [45-1] by plaintiff EEOC (HK, ilcd) (Entered: 11/29/1999)

MOTION by defendant to continue to continue trial date (SH, ilcd) (Entered: 12/08/1999)

MOTION by defendant to withdraw attorney Michael R Lied (SH, ilcd) (Entered: 12/08/1999)

MINUTE-ENTRY: by Chief Judge Joe B. McDade granting motion to continue trial date [47-1]. Final Pretrial conference set for 1/18/2000 before Mag Judge Kauffman and Supplemental Final Pretrial/Jury Instruction Cofnerence set for 2/10/2000 are VACATED. Final Pretrial conference before Mag Judge reset to Monday, 4/3/00 at 10:00 AM and Supplemental Final Pretrial/Jury Insstruction Conference reset to Friday, 4/28/00 at 2:30 PM (meet with Law Clerk at 1:30 PM). Jury trial previously set 3/13/2000 is VACATED and Jury trial reset to Monday, 5/15/2000 at 9:00 AM . (cc: all counsel) (SH, ilcd) (Entered: 12/08/1999)

ORDER by Chief Judge Joe B. McDade granting motion to withdraw attorney Michael R Lied [48-1]; terminating attorney Michael R Lied for LTV Steel Company (cc: all counsel) (SH, ilcd) (Entered: 12/08/1999)

MINUTE-ENTRY: by Chief Judge Joe B. McDade Supplemental Final Pretrial conference/Jury Instruction conference previously set 4/28/99 at 2:30 is changed to Status Fri., 4/28/99 at 3:30 PM (parties to meet with law clerk at 2:30 PM). (NOTE: This is a change in time only) (cc: all counsel) (SH, ilcd) (Entered: 12/15/1999)

NOTICE by plaintiff EEOC of Late Service (regarding Motion to Strike and Memorandum in Support) (SH, ilcd) (Entered: 01/10/2000)

MEMORANDUM IN OPPOSITION to motion to strike [45-1] by defendant LTV Steel Company (SH, ilcd) (Entered: 01/19/2000)

Joint MOTION to continue Final Pre-Trial conference (SH, ilcd) (Entered: 03/14/2000)

MINUTE-ENTRY: by Chief Judge Joe B. McDade granting motion to continue Final Pre-Trial conference [52-1]. Court is VACATING Final Pretrial conference (4/3/00); Supplemental Final Pretrial/Jury Instruction Conference (4/28/00) and Jury trial (5/15/00) until such time as Court rules on Defendant's motion for Summary Judgment. (cc: all counsel) (SH, ilcd) (Entered: 03/14/2000)

Joint MOTION to continue final pretrial conference (SH, ilcd) (Entered: 03/16/2000)

MINUTE-ENTRY: by Chief Judge Joe B. McDade finding the motion to continue final pretrial conference [53-1] moot. The court has already continued the conference. (cc: all counsel) (SH, ilcd) (Entered: 03/17/2000)

MOTION by defendant LTV Steel Company in limine to preclude the expert testimony of Louise Fitzgerald, Ph D (SH, ilcd) (Entered: 04/28/2000)

CERTIFICATE of Compliance with Local Rule 7.1(B)(2) by defendant LTV Steel Company (SH, ilcd) (Entered: 04/28/2000)

MOTION by plaintiff to stay briefing on Defendant LTV Steel's Motion in Limine, or in the alternative to extend time in which to file a response (SH, ilcd) (Entered: 05/10/2000)

MINUTE-ENTRY: by Chief Judge Joe B. McDade denying motion to stay briefing [56-1], granting motion to extend time in which to file a response [56-2]. Plaintiff has until 5/26/00 to file its response to motion in limine to preclude the expert testimony of Louise Fitzgerald, Ph D [54- 1] (cc: all counsel) (SH, ilcd) (Entered: 05/10/2000)

MOTION by defendant for leave to file supplemental authority (SH, ilcd) (Entered: 05/26/2000)

RESPONSE by plaintiff EEOC to motion in limine to preclude the expert testimony of Louise Fitzgerald, Ph D [54-1] (SH, ilcd) (Entered: 05/26/2000)

NOTICE of Filing (re: #58) by plaintiff EEOC (SH, ilcd) (Entered: 05/26/2000)

MINUTE-ENTRY: by Chief Judge Joe B. McDade granting motion for leave to file supplemental authority [57-1] (cc: all counsel) (SH, ilcd) (Entered: 05/31/2000)

SUPPLEMENTAL MEMORANDUM by defendant in support of motion for summary judgment [30-1] (SH, ilcd) (Entered: 05/31/2000)

MOTION by plaintiff EEOC for leave to file a response to defendant LTV Steel Co., Inc.'s submission of supplemental authority in support of summary judgment (RK, ilcd) (Entered: 06/08/2000)

MINUTE-ENTRY: by Chief Judge Joe B. McDade granting motion for leave to file a response to defendant LTV Steel Co., Inc.'s submission of supplemental authority in support of summary judgment [61-1]. The Court will consider both Plaintiff's and Defendant's arguments with regard to Cullom and Hill. (cc: all counsel) (RK, ilcd) (Entered: 06/09/2000)

RESPONSE by plaintiff EEOC to Defendant LTV Steel Co., Inc.'s Submission of Supplemental Authority in Support of Summary Judgment [60-1] (RK, ilcd) Modified on 06/09/2000 (Entered: 06/09/2000)

MOTION by defendant LTV Steel Company for leave to file reply to EEOC's Opposition to Motion in Limine to Preclude Expert Testimony of Louise Fitzgerald, PH.D. (RK, ilcd) (Entered: 06/09/2000)

MINUTE-ENTRY: by Chief Judge Joe B. McDade granting motion for leave to file reply to EEOC's Opposition to Motion in Limine to Preclude Expert Testimony of Louise Fitzgerald, PH.D. [63-1] (cc: all counsel) (SH, ilcd) (Entered: 06/13/2000)

MOTION by plaintiff EEOC in limine to exclude the expert testimony of Joyce Tucker (RK, ilcd) (Entered: 06/21/2000)

MEMORANDUM of Law IN SUPPORT of motion in limine to exclude the expert testimony of Joyce Tucker [64-1] by plaintiff EEOC (RK, ilcd) (Entered: 06/21/2000)

MOTION by plaintiff EEOC in limine to exclude the expert testimony of Deborah Knapp, Ph.D. (RK, ilcd) (Entered: 06/21/2000)

MEMORANDUM of Law IN SUPPORT of motion in limine to exclude the expert testimony of Deborah Knapp, Ph.D. [66-1] by plaintiff EEOC (RK, ilcd) (Entered: 06/21/2000)

RESPONSE by defendant LTV Steel Company to motion in limine to exclude the expert testimony of Joyce Tucker [64-1] (SH, ilcd) (Entered: 07/07/2000)

RESPONSE by defendant LTV Steel Company to motion in limine to exclude the expert testimony of Deborah Knapp, Ph.D. [66-1] (SH, ilcd) (Entered: 07/07/2000)

ORDER by Chief Judge Joe B. McDade granting in part and denying in party the motion for summary judgment [30-1]. It is further Ordered that Plaintiff's Motion to Strike [45-1] is MOOT. The Court is setting a Final Pretrial conference/jury instruction conference for 10:30 a.m. on Thursday, October 19, 2000 (meet with Law Clerk at 9:30 a.m. regarding jury instructions) . The Court is also setting the Jury trial for November 27, 2000 at 9:00 a.m. (cc: all counsel) (RK, ilcd) (Entered: 08/28/2000)