Case: EEOC v. U.S. Bell / Buzz Telecom

EEOC v. US Bell Corporation et al.

U.S. Court of Appeals for the Seventh Circuit

EEOC v. US Bell Corporation et al

EEOC and Joshua Childs v. U.S. Bell Corporation

EEOC v. U.S. Bell Corp.

EEOC v. U.S. Bell Corporation

EEOC v. US Bell Corporation, et al.

EEOC v. US Bell Corporation, et al.

EEOC v. US Bell Corporation, et al.

EEOC v. US Bell Corporation, et al.

EEOC v. U.S. Bell Corporation

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT ( Number of Summon(es) issued: 3 ) Jury demand by: plaintiff Amt. of filing fee: waived Receipt #: (plm) (Entered: 06/18/2003)

ATTORNEY APPEARANCE for plaintiff EEOC by Jo Ann Farnsworth (plm) (Entered: 06/18/2003)

ATTORNEY APPEARANCE for defendant Buzz Telecom Corp by Steven A Johnson (plm) (Entered: 06/27/2003)

ATTORNEY APPEARANCE for defendant Buzz Telecom Corp by Lizabeth R Hopkins (plm) (Entered: 06/27/2003)

RETURN OF SERVICE executed upon defendant US Bell Corp on 6/25/03 (plm) (Entered: 07/10/2003)

RETURN OF SERVICE executed upon defendant Link Technl Corp on 6/25/03 (plm) (Entered: 07/10/2003)

RETURN OF SERVICE executed upon defendant Buzz Telecom Corp on 6/26/03 (plm) (Entered: 07/10/2003)

ATTORNEY APPEARANCE for defendant US Bell Corp, defendant Link Technl Corp by Lizabeth R Hopkins (plm) (Entered: 07/16/2003)

ATTORNEY APPEARANCE for defendant US Bell Corp, defendant Link Technl Corp by Steven A Johnson (plm) (Entered: 07/16/2003)

ANSWER AND AFFIRMATIVE DEFENSES by defendant US Bell Corp, defendant Link Technl Corp, defendant Buzz Telecom Corp to complaint [1-1]; jury demand (plm) (Entered: 07/16/2003)

ORDER by Judge James T. Moody Case referred to Mag Judge Andrew P. Rodovich for all non-dispositive pretrial motions (cc: all counsel) (plm) (Entered: 08/26/2003)

ORDER by Chief Judge Robert L. Miller Jr Case referred to Magistrate Paul R. Cherry (cc: all counsel) (smb) (Entered: 10/10/2003)

MOTION to intervene of proposed plaintiffs Joshua Childs, Tiffany (Sims) Childs, Beatrice Johnson and Renee Roby (Original complaint housed in file) (plm) Modified on 10/14/2003 (Entered: 10/14/2003)

MEMORANDUM by intervenor plaintiff Joshua Childs, intervenor plaintiff Tiffany Childs (Sims), intervenor plaintiff Beatrice Johnson, intervenor plaintiff Renee Roby in support of motion to intervene of proposed plaintiffs Childs, Tiffany (Sims) Childs, Beatrice Johnson and Renee Roby [13-1] (plm) (Entered: 10/17/2003)

ATTORNEY APPEARANCE for intervenor plaintiff Joshua Childs, intervenor plaintiff Tiffany Childs (Sims), intervenor plaintiff Beatrice Johnson, intervenor plaintiff Renee Roby by Matthew J Arnold (plm) (Entered: 10/14/2003)

ORDER by Magistrate Paul R. Cherry ;teleph init pretrial conference 2:30 12/4/03 before Magistrate Paul R. Cherry; consent forms sent (cc: all counsel) (smb) (Entered: 10/21/2003)

ORDER granting [13] Motion to Intervene. Clerk is directed to modify the docket to reflect that Joshua Childs, Tiffany (Sims) Childs, Beatrice Johnson, and Renee Roby have been granted leave to intervene as party-plaintiffs. Signed by Judge Paul R Cherry on 11/7/03. (plm, ) (Entered: 11/14/2003)

Intervenor COMPLAINT , filed by Joshua Childs, Tiffany Childs (Sims), Beatrice Johnson, Renee Roby.(plm, ) (Entered: 11/24/2003)

REPORT of Rule 26(f) Planning Meeting. (plm, ) (Entered: 12/04/2003)

REPORT of Rule 26(f) Planning Meeting. (plm, ) (Entered: 12/11/2003)

Minute Entry for proceedings held before Judge Paul R Cherry: Teleph Rule 16 Preliminary Pretrial Conference held on 12/4/2003. Pltf by JoAnn Farnsworth. Dft by L Hopkins. Intervenor Pltf by J McNiece. Dft US Bell Corp to make preliminary TR26 disclosures by 12/12/03; Dft US Bell Corp has no objection to Report of Parties' Planning Meeting filed 12/3/03 signed by Pltf, Interv Pltf. Dft US Bell to file w/Court its signed Report of Parties' Planning Meeting in accordance with Crt's instruction this same date. Rule 16 Prelim Pretrial Conference continued to 2/12/2004 09:20 AM before Magistrate Judge Paul R Cherry. Crt to initiate conference. (smb, ) (Entered: 12/08/2003)

Voluntary Initial DISCLOSURES filed by Buzz Telecom Corp, Link Technologies Corp, US Bell Corporation.(plm, ) (Entered: 12/16/2003)

ANSWER to 17 Intervenor Complaint by Buzz Telecom Corp, Gene Chill, Keanan Kintzel, Kurtis Kintzel, Link Technologies Corp, US Bell Corporation. (Attachments: # 1 # 2)(Johnson, Steven) (Entered: 12/23/2003)

Summons Issued as to Kurtis Kintzel. (plm, ) (Entered: 01/20/2004)

Summons Issued as to Gene Chill. (plm, ) (Entered: 01/20/2004)

Summons Issued as to Keanan Kintzel. (plm, ) (Entered: 01/20/2004)

Scheduling Conference held on 2/12/2004 before Mag Judge Paul R Cherry. Pltf by Jo Ann Farnsworth. Dfns by L Hopkins, J McNiece, M Arnold. CASE MANAGEMENT ORDER ENTERED: Pltf expert witness disclosures and reports due to dfns by 8/30/04; dfns expert witness disclosures and reports due to pltf by 10/15/04. Amended Pleadings to be filed by 3/1/2005. Discovery to be completed by 2/1/2005. Dispositive Motions and Daubert Motions, if any, to be filed by 3/30/2005. Response Brief(s) due 4/29/05; Reply Brief(s) due 5/16/05. Jury Trial (2 week primary) set for 8/15/2005 to proceed through week 8/22/05 09:00 AM in Hammond before Senior Judge James T Moody. Final Pretrial Conference set for 8/4/2005 09:00 AM before Senior Judge James T Moody. Pltf to submit wit-exhibit list for inclusion in PTO to lead dft cnsl (L Hopkins) by 11/1/04. Dfts to submit wit-exhib list for inclusion in PTO to lead dft cnsl (L Hopkins) by 12/1/04. Lead dft cnsl to prepare and file Final PTO. Order Cont Trial to follow.(smb) (Entered: 02/18/2004)

ORDER Controlling Final Pretrial Conference and Trial. Signed by Judge Paul R Cherry on 2/18/04. (plm, ) (Entered: 02/19/2004)

NOTICE OF REASSIGNMENT OF CASE TO MAGISTRATE JUDGE upon full consent of parties; case reassigned to Magistrate Judge Paul R Cherry. The scheduling order entered on 2/12/04 (DE 26) remains INTACT.(smb) (Entered: 02/25/2004)

CERTIFICATION of Informal Conference to Settle Discovery Dispute by Equal Employment Opportunity Commission (plm, ) (Entered: 03/01/2004)

MOTION to Compel Defendants' Responses to Interrogatories and Production of Documents by Plaintiff Equal Employment Opportunity Commission. (plm, ) (Entered: 03/01/2004)

MEMORANDUM in Support of 29 MOTION to Compel filed by Equal Employment Opportunity Commission. (plm, ) (Entered: 03/01/2004)

ORDER granting 29 Motion to Compel . Defendants to provide complete responses to the First Set of Interrogatories and First Request for Production of Documents by 3/31/04. Signed by Judge Paul R Cherry on 3/17/04. (plm, ) (Entered: 03/17/2004)

Notice of Partial Compliance with Discovery and Renewed MOTION to Compel by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit #G (2) Exhibit H# 3 Exhibit I# 4 Exhibit J# 5 Exhibit K)(plm, ) (Entered: 03/25/2004)

MEMORANDUM in Support of 32 MOTION to Compel filed by Equal Employment Opportunity Commission. (plm, ) (Entered: 03/25/2004)

CERTIFICATION of Additional Attempts to Settle Discovery Dispute by Equal Employment Opportunity Commission re 32 MOTION to Compel (plm, ) (Entered: 03/25/2004)

ORDER granting 32 Motion to Compel . Defendants to provide complete responses by 4/30/04. Signed by Judge Paul R Cherry on 4/14/04. (plm, ) (Entered: 04/16/2004)

MOTION for Extension of Time to File Supplemental Discovery Responses by Defendants Buzz Telecom Corp, Link Technologies Corp, US Bell Corporation. (Hopkins, Lizabeth) (Entered: 04/29/2004)

Minute Entry for proceedings held before Judge Paul R Cherry: Telephonic Motion Hearing held on 4/30/2004 re 36MOTION for Extension of Time to File Supplemental Discovery Responses filed by US Bell Corporation,Link Technologies Corp, Buzz Telecom Corp. Pltf by Joann Farnsworth. Defense by L Hopkins. Counsel for Intervenor Defendants waived participation. Argument heard. Motion granted over objection of Plaintiff. Defendant given to and including May 10, 2004 in which to provide supplemental and complete responses to discovery to Plaintiff. (smb) (Entered: 04/30/2004)

NOTICE of Appearance by Kenneth L Bird on behalf of Equal Employment Opportunity Commission (Bird, Kenneth) (Entered: 05/05/2004)

MOTION for Extension of Time to File Response/Reply to Plaintiff's Third Set of Interrogatories by Defendant Buzz Telecom Corp. (Hopkins, Lizabeth) (Entered: 05/28/2004)

RESPONSE to Motion re 39 MOTION for Extension of Time to File Response/Reply to Plaintiff's Third Set of Interrogatories filed by Equal Employment Opportunity Commission. (Farnsworth, Jo Ann) (Entered: 06/01/2004)

ORDER granting 39 Motion for Extension of Time to File Response/Reply re 39 Plaintiff's Third Set of Interrogatories. Court orders Defendant Buzz Telecom to respond to Third Set of Interrogatories to Defendants on or before 7/20/2004. Signed by Judge Paul R Cherry on 6/1/04. (plm, ) (Entered: 06/02/2004)

MOTION for Sanctions by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit)(Farnsworth, Jo Ann) (plm, ). (Entered: 06/22/2004)

MOTION for Sanctions Memorandum in Support by Plaintiff Equal Employment Opportunity Commission. (Farnsworth, Jo Ann) (Modified on 7/14/2004 filed as motion should have been filed as Memorandum. Termed motion.) (Entered: 06/22/2004)

MOTION for Sanctions Certification of Counsel by Plaintiff Equal Employment Opportunity Commission. (Farnsworth, Jo Ann) (Modified on 7/14/2004. Filed as Motion should be filed as Certification. Termed Motion.) (Entered: 06/22/2004)

MOTION for Extension of Time to File Expert Report by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit)(Farnsworth,Jo Ann) (Entered: 06/22/2004)

ORDER granting 45 Motion for Extension of Time to Submit its Expert Witness Disclosures and Reports . Signed by Judge Paul R Cherry on 6/24/04. (plm, ) (Entered: 06/25/2004)

Set/Reset Deadlines: Plaintiff expert witness disclosures and reports to be delivered to the defendant by 10/29/2004. (plm, ) (Entered: 06/25/2004)

MOTION to Withdraw 42 MOTION for Sanctions by Plaintiff Equal Employment Opportunity Commission. (Farnsworth, Jo Ann) (Entered: 07/09/2004)

ORDER granting 47 Motion to Withdraw 42 MOTION for Sanctions . Signed by Judge Paul R Cherry on 7/14/04. (plm, ) (Entered: 07/14/2004)

MOTION to Withdraw Appearance by Defendants Buzz Telecom Corp, Link Technologies Corp, US Bell Corporation, Intervenor Defendants Keanan Kintzel, Kurtis Kintzel. (Hopkins, Lizabeth) (Entered: 08/10/2004)

ORDER granting 49 Motion to Withdraw Appearance. Signed by Judge Paul R Cherry on 8/12/04. (plm, ) (Entered: 08/12/2004)

Joint MOTION for Protective Order by Plaintiff Equal Employment Opportunity Commission. (Farnsworth, Jo Ann) (Entered: 09/03/2004)

NOTICE OF ENDORSEMENT of 51 Joint MOTION for Protective Order by Joshua Childs (Arnold, Matthew) (Entered: 09/07/2004)

NOTICE OF ENDORSEMENT of 51 Joint MOTION for Protective Order by Joshua Childs, Tiffany Childs (Sims), Beatrice Johnson, Renee Roby (Gioia, Daniel) (Entered: 09/08/2004)

NOTICE OF ENDORSEMENT of 51 Joint MOTION for Protective Order by Buzz Telecom Corp, Link Technologies Corp, US Bell Corporation (Johnson, Steven) (Entered: 09/09/2004)

Stipulated PROTECTIVE ORDER. Signed by Judge Paul R Cherry on 9/16/04. (plm, ) (Entered: 09/16/2004)

NOTICE of Appearance by Daniel A Gioia on behalf of Joshua Childs, Tiffany Childs (Sims), Beatrice Johnson, Renee Roby (Gioia, Daniel) (Entered: 09/22/2004)

MOTION to Substitute Attorney by Intervenor Plaintiffs Joshua Childs, Tiffany Childs (Sims), Beatrice Johnson, Renee Roby. (Gioia, Daniel) (Entered: 09/22/2004)

ORDER granting 57 Motion to Substitute Attorney. Added attorney Daniel A Gioia for Kurtis Kintzel; Renee Roby; Joshua Childs and Tiffany Childs (Sims). Attorney James T McNiece terminated . Signed by Judge Paul R Cherry on 9/23/04. (plm, ) (Entered: 09/24/2004)

MEMORANDUM in Support of 59 MOTION to Compel filed by Equal Employment Opportunity Commission. (Farnsworth, Jo Ann) (Entered: 10/01/2004)

STATEMENT of Informal Conference to Settle Discovery Dispute re 59 MOTION to Compel filed by Equal Employment Opportunity Commission. (Farnsworth, Jo Ann) (Entered: 10/01/2004)

ORDER granting 59 Motion to Compel . Court orders Defendants to respond to Plaintiff's Third Set of Interrogatories nos. 23-24 and Second Request for Production of Documents and Companion Interrogatory on or before 11/8/04. Signed by Judge Paul R Cherry on 10/25/04. (plm, ) (Entered: 10/26/2004)

Witness List by Equal Employment Opportunity Commission. (Farnsworth, Jo Ann) (Entered: 10/26/2004)

Exhibit List by Equal Employment Opportunity Commission.. (Farnsworth, Jo Ann) (Entered: 10/26/2004)

MOTION to Compel by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Certification of)(Bird, Kenneth) (Entered: 11/08/2004)

MEMORANDUM in Support of 65 MOTION to Compel filed by Equal Employment Opportunity Commission. (Bird, Kenneth) (Entered: 11/08/2004)

NOTICE by Buzz Telecom Corp, Link Technologies Corp, US Bell Corporation Notice of Service of Discovery Responses (Johnson, Steven) (Entered: 11/08/2004)

ORDER denying without prejudice 65 Motion to Compel . Signed by Judge Paul R Cherry on 11/9/04. (plm, ) (Entered: 11/10/2004)

MOTION for Extension of Time to File Expert Reports by Defendants Buzz Telecom Corp, Link Technologies Corp, US Bell Corporation. (Johnson, Steven) Additional attachment(s) - Exhibit A added on 11/15/2004 (efc, ). (Entered: 11/12/2004)

RESPONSE in Opposition re 69 MOTION for Extension of Time to File Expert Reports filed by Equal Employment Opportunity Commission. (Farnsworth, Jo Ann) (Entered: 11/15/2004)

ORDER granting 69 Motion for Extension of Time to File expert witness disclosures until 12/14/04. Signed by Judge Paul R Cherry on 11/15/04. (kjp, ) (Entered: 11/18/2004)

Set/Reset Deadlines: Defendant expert witness disclosures and reports to be submitted by 12/14/2004. (kjp, ) (Entered: 11/18/2004)

Defendants' Objections to Plaintiff's Final Witness List and Plaintiff's Final Exhibit List Defendants' Objections to Plaintiff's Final Witness List and Plaintiff's Final by Buzz Telecom Corp.. (Johnson, Steven) (Entered: 11/24/2004)

OBJECTION by Buzz Telecom Corp, Link Technologies Corp, US Bell Corporation to Plaintiff's expert . (Attachments: # 1 Exhibit Report of Vincent A. Thomas)(Johnson, Steven) (Entered: 11/29/2004)

AMENDED DOCUMENT by Equal Employment Opportunity Commission. Amendment to 62 Witness List. (Farnsworth, Jo Ann) (Entered: 12/01/2004)

RESPONSE TO DEFENDANTS' OBJECTIONS TO PLAINTIFF'S FINAL WITNESS LIST AND PLAINTIFF'S FINAL EXHIBIT LIST by Equal Employment Opportunity Commission to 72 Exhibit List,. (Farnsworth, Jo Ann) (Entered: 12/01/2004)

Exhibit List by Buzz Telecom Corp, Gene Chill, Keanan Kintzel, Kurtis Kintzel, Link Technologies Corp, US Bell Corporation.. (Johnson, Steven) (Entered: 12/01/2004)

Witness List by Buzz Telecom Corp, Gene Chill, Keanan Kintzel, Kurtis Kintzel, Link Technologies Corp, US Bell Corporation. (Johnson, Steven) (Entered: 12/01/2004)

RESPONSE by Equal Employment Opportunity Commission to Defendants' Objections to Plaintiff's Expert . (Bird, Kenneth) (Entered: 12/02/2004)

MOTION for Sanctions by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit L# 2 Exhibit M# 3 Exhibit N# 4 Exhibit O# 5 Exhibit P# 6 Exhibit Q)(Farnsworth, Jo Ann) (Entered: 12/02/2004)

MEMORANDUM in Support of 79 MOTION for Sanctions filed by Equal Employment Opportunity Commission. (Farnsworth, Jo Ann) (Entered: 12/02/2004)

MOTION for Protective Order and Request for Expedited Ruling by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Certification of Informal Efforts to Resolve Discovery Dispute# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5# 7 Exhibit 6)(Bird, Kenneth) (Entered: 12/03/2004)

MEMORANDUM in Support of 81 MOTION for Protective Order and Request for Expedited Ruling filed by Equal Employment Opportunity Commission. (Bird, Kenneth) (Entered: 12/03/2004)

MOTION for Sanctions Fed. R. Civ. P. 37(c)(1) and Objection to Defendants' Witness List by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Farnsworth, Jo Ann) (Entered: 12/08/2004)

MEMORANDUM in Support of 83 MOTION for Sanctions Fed. R. Civ. P. 37(c)(1) and Objection to Defendants' Witness List filed by Equal Employment Opportunity Commission. (Farnsworth, Jo Ann) (Entered: 12/08/2004)

RESPONSE in Opposition re 79 MOTION for Sanctions filed by Kurtis Kintzel, Keanan Kintzel, Gene Chill, US Bell Corporation, Link Technologies Corp, Buzz Telecom Corp. (Attachments: # 1 Exhibit 1)(Johnson, Steven) (Entered: 12/08/2004)

RESPONSE in Opposition re 81 MOTION for Protective Order and Request for Expedited Ruling filed by Kurtis Kintzel, Keanan Kintzel, Gene Chill, US Bell Corporation, Link Technologies Corp, Buzz Telecom Corp. (Attachments: # 1 Exhibit 1)(Johnson, Steven) (Entered: 12/08/2004)

MOTION To Exclude Kelly Adwell Cripe as a Witness by Intervenor Defendants Kurtis Kintzel, Keanan Kintzel, Gene Chill, Defendants US Bell Corporation, Link Technologies Corp, Buzz Telecom Corp. (Attachments: # 1 Exhibit Exhibit A)(Johnson, Steven) (Entered: 12/08/2004)

RESPONSE in Opposition re 81 MOTION for Protective Order and Request for Expedited Ruling Defendants' Memorandum in Support filed by Kurtis Kintzel, Keanan Kintzel, Gene Chill, US Bell Corporation, Link Technologies Corp, Buzz Telecom Corp. (Johnson, Steven) (Entered: 12/08/2004)

MOTION to Compel Responses to Deposition Questions and Motion for Sanctions by Plaintiff Equal Employment Opportunity Commission. (Attachments: # (1) Portions of Transcript of Deposition of Michael Norvil# 2 Certification of Counsel of Informal Efforts to Resolve Discovery Dispute# 3 Exhibit)(Bird, Kenneth) Additional attachment(s) added on 12/14/2004 (smp, ). (Entered: 12/09/2004)

MEMORANDUM in Support of 89 MOTION to Compel Responses to Deposition Questions and Motion for Sanctions filed by Equal Employment Opportunity Commission. (Bird, Kenneth) (Entered: 12/09/2004)

OBJECTION by Equal Employment Opportunity Commission to 76 Exhibit List. (Farnsworth, Jo Ann) (Entered: 12/10/2004)

REPLY to Response to Motion re 81 MOTION for Protective Order and Request for Expedited Ruling filed by Equal Employment Opportunity Commission. (Bird, Kenneth) (Entered: 12/10/2004)

REPLY to Response to Motion re 79 MOTION for Sanctions filed by Equal Employment Opportunity Commission. (Farnsworth, Jo Ann) (Entered: 12/10/2004)

Reply by Kurtis Kintzel, Keanan Kintzel, Gene Chill, US Bell Corporation, Link Technologies Corp, Buzz Telecom Corp to 78 Response/Reply To EEOC's Response to Defendants'Objections To Plaintiff's Expert . (Johnson, Steven) (Entered: 12/10/2004)

REPLY by Kurtis Kintzel, Keanan Kintzel, Gene Chill, US Bell Corporation, Link Technologies Corp, Buzz Telecom Corp to 75 Response/Reply To Plaintiff's Response To Defendants'Objections To Plaintiff's Final Witness List And Plaintiff's Final Exhibit List . (Johnson, Steven) (Entered: 12/10/2004)

Amended Exhibit List Amended by Equal Employment Opportunity Commission.. (Farnsworth, Jo Ann) (Entered: 12/13/2004)

Defendant's Reply to EEOC Response to Defendants' Objections by Buzz Telecom Corp to 75 Response/Reply. (Johnson, Steven) (Entered: 12/13/2004)