Case: EEOC v. EXEL, INC. (f/k/a EXEL LOGISTICS)

EEOC v. Exel Inc

EEOC v. Exel Inc

EEOC v. Exel Inc

EEOC v. Exel, Inc.

EEOC v. Exel Inc

EEOC v. Exel, Inc.

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT; # Waivers of Service Issued: 1 # Counts: 1 Disclosure of Corp Cert issued to: defendant; jury demand (FCE) (Entered: 01/31/2001)

TRACK INFORMATION STATEMENT filed by plaintiff EEOC track 2 preferred (FCE) (Entered: 01/31/2001)

WAIVER OF SERVICE executed upon defendant Exel Inc. on 2/8/01 certified mail by serving Robert c. Shipple (CEL) (Entered: 03/02/2001)

WAIVER OF SERVICE executed upon defendant Exel Inc. on 2/1/01 personal by serving Wm. Jones (CLA) (Entered: 03/09/2001)

Notice of Motion: dismiss or sum. jgm. by defendant Exel Inc. (CLA) (Entered: 04/09/2001)

ATTORNEY APPEARANCE for defendant Exel Inc. by James Foster and Wm. Jones (CLA) (Entered: 04/09/2001)

MOTION by defendant Exel Inc. to strike w/memo in support. (CLA) (Entered: 04/09/2001)

MOTION by defendant Exel Inc. for more definite statement w/memo in support. (CLA) (Entered: 04/09/2001)

RESPONSE by plaintiff EEOC to motion for more definite statement [8-1], to motion to strike [7-1] (CLA) (Entered: 04/20/2001)

AMENDED COMPLAINT by plaintiff EEOC [1-1]; jury demand (CLA) (Entered: 04/20/2001)

RULE 16 ORDER by Honorable Jean C. Hamilton ; standard(2) track , ; Rule 16 Conference 5/29/01 ; joint scheduling plan ddl 5/19/01 (cc: all counsel) (CLA) (Entered: 04/25/2001)

RULED DOCUMENT by Honorable Jean C. Hamilton denying motion to strike [7-1] (cc: all counsel) (CLA) (Entered: 04/26/2001)

RULED DOCUMENT by Honorable Jean C. Hamilton denying motion for more definite statement [8-1], terminating notice of motion motion Notice of Motion: dismiss or sum. jgm. [5-1] (cc: all counsel) (CLA) (Entered: 04/26/2001)

MOTION by defendant Exel Inc. to strike (CLA) (Entered: 04/30/2001)

MOTION by plaintiff EEOC to withdraw attorney Rebecca Stith (CLA) (Entered: 04/27/2001)

ATTORNEY APPEARANCE for plaintiff EEOC by Melvin D. Kennedy (CLA) (Entered: 04/27/2001)

RULED DOCUMENT by Honorable Jean C. Hamilton granting motion to withdraw attorney Rebecca Stith [14-1] attorney Rebecca S. Stith for EEOC (cc: all counsel) (CLA) (Entered: 04/30/2001)

RULED DOCUMENT by Honorable Jean C. Hamilton finding the motion to strike [0-1] moot. (cc: all counsel) (CEL) (Entered: 04/30/2001)

Notice of Motion: motion to dismiss by defendant Exel Inc. (CEL) (Entered: 05/10/2001)

MOTION by defendant Exel Inc. to dismiss Date Motion Received: 6/15/01 [18-1] w/memo in support. (CLA) (Entered: 06/19/2001)

MEMORANDUM by plaintiff EEOC in opposition to motion to dismiss Date Motion Received: 6/15/01 [18-1] [18-1] (CLA) (Entered: 06/19/2001)

REPLY by defendant Exel Inc. to response to notice of motion motion Notice of Motion: motion to dismiss [18-1], motion to dismiss Date Motion Received: 6/15/01 [18-1] [18-1] (CLA) (Entered: 06/19/2001)

ANSWER by defendant Exel Inc. to [10-1] (CEL) (Entered: 05/10/2001)

JOINT PROPOSED SCHEDULING PLAN by plaintiff EEOC, defendant Exel Inc. (CLA) (Entered: 05/21/2001)

ORDER by Honorable Jean C. Hamilton It is hereby ordered that the telephone rule 16 conference in the above styled case is removed from the present setting 5/29/01. It is further ordered that the rule 16 conference is reset for 6/4/01 at 10:15 a.m. ; Rule 16 Conference 6/4/01 (cc: all counsel) (CLA) (Entered: 05/24/2001)

DISCLOSURE of Corporation Interests Certificate Parent companies: none Subsidiaries: none Publicly held company: none by defendant Exel Inc. (CLA) (Entered: 05/29/2001)

CASE MANAGEMENT ORDER by Honorable Jean C. Hamilton ; standard(2) track , , ; motion to add party ddl 7/31/01 ; Disc completion ddl 3/15/02 ; Notice of Motion ddl set for 3/22/02 ; Motion Package ddl set for 5/1/02 ; non-disp motion ddl 3/27/02 ; jury trial 7/1/02 ; pt comp ddl 6/10/02 ; ADR future refer 12/1/01 ends 2/1/02 (cc: all counsel) (CLA) (Entered: 06/05/2001)

MOTION by defendant Exel Inc. to extend time until 6/15/01 to submit mtn. pkg. (CLA) (Entered: 06/11/2001)

RULED DOCUMENT by Honorable Jean C. Hamilton granting motion to extend time until 6/15/01 to submit mtn. pkg. [23-1] (cc: all counsel) (CLA) (Entered: 06/11/2001)

MOTION by defendant Exel Inc. for leave to file attachment inadvertently omitted from reply brief submitted with mtn. pkg. (CLA) (Entered: 06/20/2001)

EXHIBITS FILED by defendant Exel Inc. exhibits received: A Court. (CLA) (Entered: 06/20/2001)

RULED DOCUMENT by Honorable Jean C. Hamilton granting motion for leave to file attachment inadvertently omitted from reply brief submitted with mtn. pkg. [25-1] (cc: all counsel) (CLA) (Entered: 06/20/2001)

MEMORANDUM AND ORDER: by Honorable Jean C. Hamilton terminating notice of motion motion Notice of Motion: motion to dismiss [18-1], denying motion to dismiss Date Motion Received: 6/15/01 [18-1] [18-1] (cc: all counsel) (CLA) (Entered: 07/10/2001)

ANSWER to paragraph 8(B) by defendant Exel Inc. to [10-1]; jury demand (CLA) (Entered: 08/02/2001)

MOTION by plaintiff EEOC for protective order (CLA) (Entered: 08/29/2001)

PROTECTIVE ORDER by Honorable Jean C. Hamilton : granting motion for protective order [30-1] (cc: all counsel) (CLA) (Entered: 09/05/2001)

MOTION by plaintiff EEOC, defendant Exel Inc. to amend cmo order (CLA) (Entered: 09/28/2001)

RULED DOCUMENT by Honorable Jean C. Hamilton granting motion to amend cmo order [32-1] (cc: all counsel) (CLA) (Entered: 10/01/2001)

ORDER REFERRING CASE TO ADR: by Honorable Jean C. Hamilton Case set for m Designation of Lead Counsel: Robert Johnson ; ADR completion ddl 2/1/01 Designation of Neutral 12/21/01 ADR Conference Report ddl 12/21/01 (cc: all counsel) (CLA) (Entered: 12/03/2001)

ADR TIMELINESS ORDER by Honorable Jean C. Hamilton IT IS HEREBY ORDERED that the deadlines set forth are to be met timely with the appropriate forms filed with the Clerk of the District Court as indicated in the Order Referring Case to Alternative Dispute Resolution. If a deadline cannot be met, the designated lead counsel shall file a motion requesting an extension of the deadline prior to the expiration of that deadline. IT IS FURTHER ORDERED that if compliance with a deadline set forth in the Order Referring Case to Alternative Dispute Resolution has not occurred, such noncompliance may result in the imposition of sanctions to the appropriate party or parties. (cc: all counsel) (CLA) (Entered: 12/03/2001)

MOTION by plaintiff EEOC, defendant Exel Inc. for order to modify the adr referral (CLA) (Entered: 12/21/2001)

MOTION by plaintiff, defendant to amend cmo (CLA) (Entered: 12/21/2001)

DESIGNATION NEUTRAL REPORT by plaintiff EEOC, defendant Exel Inc. Neutral: Thomas Cipolla date of conference: 2/22/02 time: 9:00 location: McMahon, Berger (CLA) (Entered: 12/21/2001)

NOTICE of appointment of neutral; neutral: Thomas Cipolla; neutral selected by: parties (CLA) (Entered: 12/21/2001)

RULED DOCUMENT by Honorable Jean C. Hamilton granting motion to amend cmo [37-1] (Deadline for Deft to depose Pltf's expert witnesses Up to and Including 1/17/02; Deadline for the parties to request mental and physical exams Up to and Including 1/4/02; Deadline for completion of mental and physical exams of the parties Up to and Including 1/25/02; Deadline for disclosure of Deft's expert witnesses Up to and Including 2/8/02) (cc: all counsel) (CMA) (Entered: 12/26/2001)

RULED DOCUMENT by Honorable Jean C. Hamilton granting motion for order to modify the adr referral [36-1] ADR completion ddl 2/22/02 (cc: all counsel) (CMA) (Entered: 12/26/2001) cmo [37-1] (Deadline for Deft to depose Pltf's expert witnesses Up to and Including 1/17/02; Deadline for the parties to request mental and physical exams Up to and Including 1/4/02; Deadline for completion of mental and physical exams of the parties Up to and Including 1/25/02; Deadline for disclosure of Deft's expert witnesses Up to and Including 2/8/02) (cc: all counsel) (CMA) (Entered: 12/26/2001)

MOTION by plaintiff EEOC to compel (CLA) (Entered: 01/23/2002)

MOTION by defendant Exel Inc. for leave to file response to Elbert Walton and Custodian of records obj. to subpoenas and deft.'s memo in support of mtn. to compel in excess of 15 pages (CLA) (Entered: 01/23/2002)

RULED DOCUMENT by Honorable Jean C. Hamilton granting motion for leave to file response to Elbert Walton and Custodian of records obj. to subpoenas and deft.'s memo in support of mtn. to compel in excess of 15 pages [43-1] (cc: all counsel) (CLA) (Entered: 02/22/2002)

MOTION by defendant Exel Inc. for leave to file deft's memo in support of motion to compel depo testimony which exceeds 15 pages (CEL) (Entered: 02/04/2002)

RULED DOCUMENT by Honorable Jean C. Hamilton granting motion for leave to file deft's memo in support of motion to compel depo testimony which exceeds 15 pages [44-1] (cc: all counsel) (CLA) (Entered: 02/05/2002)

MOTION by defendant Exel Inc. to compel depo testimony , and for sanctions w/memo in support and exhibits A -W attached. (CLA) (Entered: 02/22/2002)

MOTION by defendant Exel Inc. to compel depo testimony , and for sanctions w/memo in support and exhibits A - W (CLA) (Entered: 02/22/2002)

MEMORANDUM by plaintiff EEOC in opposition to motion to compel [42-1] (CLA) (Entered: 02/22/2002)

MEMORANDUM by plaintiff EEOC in opposition to motion to compel depo testimony [46-1], to motion for sanctions [46-2], to motion to compel depo testimony [46-1], to motion for sanctions [46-2] (CLA) (Entered: 03/15/2002)

MOTION by plaintiff EEOC for order to exclude evidence w/memo in support. (CLA) (Entered: 02/19/2002)

MOTION second by defendant Exel Inc. to compel compliance w/ subpoenas and for sanctions w/memo in support. (CLA) (Entered: 02/20/2002)

MOTION by defendant Exel Inc. to compel , and for sanctions w/memo in support. (CLA) (Entered: 02/22/2002)

MOTION by plaintiff, defendant to amend cmo (CLA) (Entered: 02/22/2002)

NOTICE of revised service date for pltff.'s mtn. to exclude evidence and pltff.'s memo in support by plaintiff EEOC (CLA) (Entered: 02/22/2002)

MEMORANDUM (reply in support) by defendant Exel Inc. re: motion to compel depo testimony [46-1], re: motion for sanctions [46-2], re: motion to compel depo testimony [46-1], re: motion for sanctions [46-2] (CLA) (Entered: 03/15/2002)

MEMORANDUM by plaintiff EEOC in opposition to motion to compel compliance w/ subpoenas and for sanctions [50-1] (CLA) (Entered: 03/15/2002)

TRANSCRIPT filed from telephone conference call of 2/11/02; court reporter: P. White (CLA) (Entered: 03/04/2002)

ADR COMPLIANCE REPORT An ADR conference was held on 2/22/02; Neutral: Thomas Cipolla; The parties did not achieve a settlement. (CLA) (Entered: 03/05/2002)

RULED DOCUMENT by Honorable Jean C. Hamilton granting motion to amend cmo [52-1] (cc: all counsel) (see mtn.) (CLA) (Entered: 03/06/2002)

MEMORANDUM by defendant Exel Inc. in opposition to motion for order to exclude evidence [49-1] w/exhibit A thru D attached. (CLA) (Entered: 03/06/2002)

MEMORANDUM by plaintiff EEOC in opposition to motion to compel [51-1] (CLA) (Entered: 03/08/2002)

REPLY by defendant Exel Inc. re [50-1]w/ exhibit A attached. (CLA) (Entered: 03/15/2002)

MEMORANDUM AND ORDER: by Honorable Jean C. Hamilton denied without prejudice motion to compel compliance w/ subpoenas and for sanctions [50-1], granting motion to compel depo testimony [46-1] and charging party Gray is ordered to answer all questions regarding his injuries and ability to perform his job duties, granting motion for sanctions [46-2] and pltff. EEOC is ordered to reimburse deft. for its fees and costs incurred in preparing and filing its motion to compel deposition testimony from charging party Gray, motion to compel depo testimony [46-1], motion for sanctions [46-2], It is further ordered that deft.'s motion to compel is denied without prejudice [42-1] It is further ordered that deft. is granted until 3/20/02 within which to file its request for costs incurred in association with its mtn. to compel deposition testimony from Gray. Pltff. will then have until 8/3/02, within which to file any objections to such request. It is further ordered that defense counsel and Walton must reschedule Walton's deposition, to take place on a date subsequent to the conclusion of Gray's deposition. Walton's failure to appear, testify , and produce documents at the rescheduled deposition may result in the imposition of sanctions. (cc: all counsel) (CLA) (Entered: 03/07/2002)

MOTION by defendant Exel Inc. for leave to file memo in opposition to mtn. to exclude evidence (CLA) (Entered: 03/08/2002)

MOTION by defendant Exel Inc. to amend cmo (CLA) (Entered: 03/13/2002)

RULED DOCUMENT by Honorable Jean C. Hamilton granting motion for leave to file memo in opposition to mtn. to exclude evidence [63-1] (cc: all counsel) (CLA) (Entered: 03/13/2002)

RESPONSE by plaintiff EEOC to motion for order to exclude evidence [49-1] (CLA) (Entered: 03/15/2002)

RULED DOCUMENT by Honorable Jean C. Hamilton granting motion to amend cmo [65-1] ; Disc completion ddl 3/29/02 ; Notice of Motion ddl set for 4/15/02 (cc: all counsel) (CLA) (Entered: 03/13/2002)

MOTION by plaintiff EEOC to withdraw motion to exclude evidence (CLA) (Entered: 03/18/2002)

REPLY by defendant Exel Inc. to response to motion to compel [51-1], motion for sanctions [51-2] (CLA) (Entered: 03/18/2002)

RULED DOCUMENT by Honorable Jean C. Hamilton granting motion to withdraw motion to exclude evidence [69-1] terminating motion for order to exclude evidence [49-1] (cc: all counsel) (CLA) (Entered: 03/19/2002)

RESPONSE by defendant Exel Inc. to [69-1] w/exhibit A thru B attached. (CLA) (Entered: 03/19/2002)

RULED DOCUMENT by Honorable Jean C. Hamilton denying motion to compel [51-1], denying motion for sanctions [51-2] without prejudice. (cc: all counsel) (CLA) (Entered: 03/21/2002)

MOTION by defendant Exel Inc. for attorney fees/costs incurred in pursuing deft.'s mtn. to compel deposition testimony of Alan Gray (CLA) (Entered: 03/22/2002)

RESPONSE (objections) by plaintiff EEOC to motion for attorney fees/costs incurred in pursuing deft.'s mtn. to compel deposition testimony of Alan Gray [74-1] (CLA) (Entered: 03/29/2002)

MOTION by defendant Exel Inc. for leave to file deft.'s memo in support mtn. to strike expert David Schriber in excess of 15 pgs. (CLA) (Entered: 04/01/2002)

RULED DOCUMENT by Honorable Jean C. Hamilton granting motion for leave to file deft.'s memo in support mtn. to strike expert David Schriber in excess of 15 pgs. [76-1] (cc: all counsel) (CLA) (Entered: 04/02/2002)

MOTION by defendant Exel Inc. to strike the report and testimony of expert wit. David Schreiber w/memo in support and exhibits 1 thru 18 attached. (CLA) (Entered: 04/02/2002)

Notice of Motion: sum. jgm. by defendant Exel Inc. (CLA) (Entered: 04/08/2002)

MOTION by defendant Exel Inc. for summary judgment Date Motion Received: 5/16/02 [79-1] w/memo in support and exhibits 1 - 37 attached. (CLA) (Entered: 05/20/2002)

MEMORANDUM by plaintiff EEOC in opposition to motion for summary judgment Date Motion Received: 5/16/02 [79-1] [79-1] (CLA) (Entered: 05/20/2002)

REPLY by defendant Exel Inc. to response to motion for summary judgment Date Motion Received: 5/16/02 [79-1] [79-1], notice of motion motion Notice of Motion: sum. jgm. [79-1] (CLA) (Entered: 05/20/2002)

MEMORANDUM by plaintiff EEOC in opposition to motion to strike the report and testimony of expert wit. David Schreiber [78-1] w/attachments A - F. (CLA) (Entered: 04/10/2002)

REPLY by defendant Exel Inc. to response to motion to strike the report and testimony of expert wit. David Schreiber [78-1] (CLA) (Entered: 04/22/2002)

ORDER by Honorable Jean C. Hamilton motion for attorney fees/costs incurred in pursuing deft.'s mtn. to compel deposition testimony of Alan Gray [74-1] is granted in part, and pltff. EEOC is ordered to reimburse deft. in the amt. of $1,750.00 (cc: all counsel) (CLA) (Entered: 04/24/2002)

MOTION by plaintiff EEOC for leave to file in excess of page limit (CLA) (Entered: 05/10/2002)

RULED DOCUMENT by Honorable Jean C. Hamilton granting motion for leave to file in excess of page limit [83-1] (cc: all counsel) (CLA) (Entered: 05/10/2002)

MOTION by defendant Exel Inc. for leave to file in excess of 15 pages (CLA) (Entered: 05/14/2002)

RULED DOCUMENT by Honorable Jean C. Hamilton granting motion for leave to file in excess of 15 pages [85-1] (cc: all counsel) (CLA) (Entered: 05/15/2002)

MEMORANDUM AND ORDER: by Honorable Jean C. Hamilton denying motion to strike the report and testimony of expert wit. David Schreiber [78-1] (cc: all counsel) (CLA) (Entered: 05/15/2002)

MOTION by plaintiff EEOC, defendant Exel Inc. to extend time of one day to file mtn. pkg. (CLA) (Entered: 05/16/2002)

RULED DOCUMENT by Honorable Jean C. Hamilton granting motion to extend time of one day to file mtn. pkg. [88-1] (cc: all counsel) (CLA) (Entered: 05/16/2002)

MOTION by defendant Exel Inc. for sanctions w/memo in support. (CLA) (Entered: 05/17/2002)

MOTION by defendant Exel Inc. for leave to file a memo in excess of 15 pages (CLA) (Entered: 05/17/2002)