Case: EEOC v. GREENVILLE FORD-MERCURY, INC.

EEOC v. Greenville Ford-Mercury, Inc.

EEOC v. Greenville Ford-Mercury, Inc.

EEOC v. Greenville Ford-Mercury, Inc.

EEOC v. Greenville Ford-Mercury, Inc.

No Court

EEOC v. Greenville Ford-Mercury, Inc.

EEOC v. Greenville Ford-Mercury, Inc.

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT (fe) (Entered: 09/28/2000)

ATTORNEY APPEARANCE for plaintiff EEOC by Ines M. Monte (fe) (Entered: 09/28/2000)

ATTORNEY APPEARANCE for plaintiff EEOC by Gordon G. Waldron (fe) (Entered: 09/28/2000)

ATTORNEY APPEARANCE for plaintiff EEOC by Jose' J. Behar (fe) (Entered: 09/28/2000)

Magistrate identification: Mag/Judge Clifford J. Proud (fe) (Entered: 09/28/2000)

ATTORNEY APPEARANCE for defendant by Daniel F. Goggin (dmw) (Entered: 01/08/2001)

ANSWER by defendant to [1-1] (dmw) (Entered: 01/08/2001)

WAIVER OF SERVICE executed upon defendant Greenville Ford on 1/3/01; date request sent 10/6/00 (dmw) (Entered: 01/08/2001)

CJRA Track C assigned by Judge David R. Herndon; jury trial set for the month of 4/02 before Judge David R. Herndon in the USDC/East St. Louis, IL (cc: all counsel) (car) (Entered: 01/19/2001)

NOTICE of Telephone Sched/Disc Conf set for 9:00 AM on 2/13/01 before Mag/Judge Clifford J. Proud in the USDC/East St. Louis, IL (cc: all counsel) (car) (Entered: 01/19/2001)

SCHEDULING AND DISCOVERY ORDER by Mag/Judge Clifford J. Proud ;discovery ddl set 1/1/02; disp mtn filing ddl 2/15/02 (cc: all counsel) (dlr) (Entered: 02/27/2001)

ORDER by Mag/Judge Clifford J. Proud setting settlement conf at 2:00 PM on 2/27/02 before Mag/Judge Clifford J. Proud in the USDC/East St. Louis, IL (cc: all counsel) (dlr) (Entered: 02/27/2001)

MOTION by plaintiff EEOC to compel production of documents (fe) (Entered: 04/18/2001)

ORDER by Mag/Judge Clifford J. Proud granting motion to compel production of documents; defendant Greenville Ford-Mercury shall produce, without objection, all documents sought by the EEOC's first request for production of documents on or before 6/1/01 [11-1] (cc: all counsel) (dlr) (Entered: 05/22/2001)

WAIVER OF SERVICE executed upon defendant Greenville Ford on 1/3/01 ; date request sent 10/6/00 (dlr) (Entered: 06/18/2001)

MOTION by plaintiff EEOC to hold defendant in contempt for failure to comply with Court's Order that it produce documents (myz) (Entered: 06/29/2001)

MOTION by plaintiff to compel response to interrogatory , and for sanctions (dmw) (Entered: 08/09/2001)

ORDER by Mag/Judge Clifford J. Proud granting motion to compel response to interrogatory [14-1] and denying motion for sanctions [14-2]. Defendant shall respond, without objection, to First Interrogatory on or before 12/14/01. (cc: all counsel) (scj) (Entered: 11/29/2001)

ORDER by Mag/Judge Clifford J. Proud re [13-1]. Defendant shall show cause why it should not be held in contempt for failure to comply with Court's 5/15/01 Order brief ddl set for 12/14/01 (cc: all counsel) (scj) (Entered: 11/29/2001)

ORDER by Mag/Judge Clifford J. Proud granting motion to compel production of documents [15-1]. Defendant shall respond to Second Request for Production on or before 12/14/01 (cc: all counsel) (scj) (Entered: 11/29/2001)

(Utility Event) - Terminating attorney Ines M. Monte for EEOC (dlr) (Entered: 12/13/2001)

RESPONSE by defendant Greenville Ford to Court's Oder to show cause [17-2] (dlr) (Entered: 12/21/2001)

REPLY by plaintiff EEOC in support of motion that defendant be held in contempt for failure to produce documents in a timely fashion re [13-1] (fe) (Entered: 12/26/2001)

ORDER by Mag/Judge Clifford J. Proud ; it is ordered that defendant shall show cause on or before 1/15/02, why it should not be held in contempt for its failure to fully comply with this Court's 5/15/01, compulsion Order (cc: all counsel) (dlr) (Entered: 01/07/2002)

MOTION IN REGARD TO DEFENDANT'S UNTIMELY DENIALS OF REQUESTS FOR ADMISSIONS by plaintiff EEOC to strike the untimely responses to paragraphs 8, 17, 18, 20, 27 and 29 of the requests for admission , and for an order that the requested matters are deemed admitted (dlr) (Entered: 01/16/2002)

ORDER by Mag/Judge Clifford J. Proud that defendant Greenville Ford-Mercury shall be prohibited from opposing plaintiff's claims or supporting its own defenses which are premised upon Donald Holding's attendance record, manager Blankenship's report about a diabetes-releated fainting spell, and any plan or decision to move or expand the Vandalia facility (see order for specifics) (cc: all counsel) (myz) (Entered: 01/29/2002)

ORDER by Mag/Judge Clifford J. Proud granting motion to strike the untimely responses to paragraphs 8, 17, 18, 20, 27 and 29 of the requests for admission [22-1] granting motion for an order that the requested matters are deemed admitted [22-2] (see order for specifics) (cc: all counsel) (myz) (Entered: 02/11/2002)

NOTICE of hearing final pretrl conf set for 1:30 PM on 4/12/02 before Judge David R. Herndon in the USDC/East St. Louis, IL (cc: all counsel) (pab) (Entered: 02/12/2002)

RESPONSE by defendant Greenville Ford to Order to show cause [23-1][21-2][11-1] (myz) (Entered: 02/20/2002)

RESPONSE by plaintiff EEOC to motion to withdraw admissions [26-1] and motion for modification [26-3] (scj) (Entered: 03/01/2002)

ORDER by Mag/Judge Clifford J. Proud granting in part and denying in part defendant's combined motion to withdrawal (sic) admissions, for modification of Court order and for response to orders to show cause, re [26-1], [26-1], [26-3]. Court's order dated 2/4/02 [24-1] is vacated in part ...see order for details ... It is further ordered that defense counsel Daniel Goggin is sanctioned $500.00 payable by 3/15/02 to District Court Fund (cc: all counsel, financial & Greenville Ford-Mercury) (dmw) (Entered: 03/06/2002)

MINUTES (av) of hearing on settlement conference before Mag/Judge Clifford J. Proud ; Settlement conf held 2/27/02 Case did not settle (dmw) (Entered: 03/06/2002)

(Utility Event) - Terminating attorney Jose' J. Behar for EEOC (dlr) (Entered: 03/11/2002)

MOTION by defendant Greenville Ford to withdraw admissions (dlr) (Entered: 03/19/2002)

COMBINED MOTION by defendant Greenville Ford to reopen discovery (order) , or in the alternative for an order barring certain evidence (dlr) (Entered: 03/26/2002)

MOTION by plaintiff EEOC in limine (dlr) (Entered: 03/26/2002)

MEMORANDUM by plaintiff EEOC in support of motion in limine [32-1] (dlr) (Entered: 03/26/2002)

COMBINED MOTION by defendant Greenville Ford to reopen discovery (order) , or in the alternative for an order barring certain evidence (dlr) (Entered: 03/27/2002)

RESPONSE by defendant Greenville Ford to motion in limine [32-1] (myz) (Entered: 03/27/2002)

RESPONSE by plaintiff EEOC to motion to reopen discovery (order) [34-1], motion for an order barring certain evidence [34-2] (pab) (Entered: 03/28/2002)

RESPONSE by plaintiff EEOC to second motion to withdraw admissions [30-1] (pab) (Entered: 03/28/2002)

ORDER by Judge David R. Herndon denying motion to reopen discovery (order) [34-1], denying motion for an order barring certain evidence [34-2], denying motion to reopen discovery (order) [31-1], denying motion for an order barring certain evidence [31-2]; the Court reminds the parties that this matter is set for a final pretrial conference on 4/12/02 at 1:30 pm (cc: all counsel) (dlr) (Entered: 04/05/2002)

ORDER by Judge David R. Herndon granting in part and denying in part motion in limine [32-1]; see order for specifics (cc: all counsel) (dlr) (Entered: 04/05/2002)

ATTORNEY APPEARANCE for plaintiff EEOC by Gregory M. Gochanour (dlr) (Entered: 04/17/2002)

MINUTES (pab) of hearing on final pretrial conference before Judge David R. Herndon; the Court takes under advisement the issue of the disclosure of certain witnesses ;jury trial set for 9:00 AM on 7/8/02 before Judge David R. Herndon in the USDC/East St. Louis, IL (dlr) (Entered: 04/17/2002)

FINAL PRE-TRIAL ORDER by Judge David R. Herndon (cc: all counsel) (dlr) (Entered: 04/17/2002)

MEMORANDUM by plaintiff in support of request that Court bar testimony of witnesses who were disclosed the day before the pre-trial order was entered [42-3] (dmw) (Entered: 04/30/2002)

MOTION by defendant Greenville Ford to continue trial (myz) (Entered: 06/26/2002)

ORDER by Judge David R. Herndon that the Court grants plaintiff's motion and bars the testimony of Bob Sybert, Bill Jasper, Dennis Hoefle and Mike Hueber. Further, the Court grants plaintiff's motion seeking to limit the testimony of Bob Grubaugh to only those matters covered in his deposition re [42-3] (cc: all counsel) (myz) (Entered: 06/26/2002)

ORDER by Judge David R. Herndon granting motion to continue trial [45-1] ;jury trial reset for 9:00 AM on 7/22/02 before Judge David R. Herndon in the USDC/East St. Louis, IL (cc: all counsel) (dlr) (Entered: 06/27/2002)

MOTION by plaintiff EEOC in regard to three jury instructions (dlr) (Entered: 07/01/2002)

MOTION by plaintiff EEOC in limine to bar certain evidence (dlr) (Entered: 07/11/2002)

MOTION by plaintiff EEOC in limine to bar evidence relating to a possible direct threat defense (dlr) (Entered: 07/16/2002)

TRIAL MEMORANDUM (brief) submitted by plaintiff EEOC (dlr) (Entered: 07/29/2002)

MINUTES (pab) of hearing on day 1 of jury trial before Judge David R. Herndon granting in part and denying in part motion in regard to three jury instructions [48-1], granting motion in limine to bar evidence relating to a possible direct threat defense [50-1], granting motion in limine to bar certain evidence [49-1] , ; Jury trial held 7/22/02 ( C/R: Laura Blatz) (dlr) (Entered: 07/29/2002)

MINUTES (pab) of hearing on day 3 (last) of jury trial before Judge David R. Herndon; jury found that termination was because of disability; plaintiff is awarded compensatory damges in the amount of $25,000.00 and punitive damages in the amount of $60,000.00 ( C/R: Jennifer Robertson) (dlr) (Entered: 07/29/2002)

VERDICT for plaintiff EEOC against defendant Greenville Ford (dlr) (Entered: 07/29/2002)

Stipulation for Release of Exhibits by plaintiff EEOC, defendant Greenville Ford (dlr) (Entered: 07/29/2002)

JURY INSTRUCTIONS (1 envelope) (dlr) (Entered: 07/29/2002)

ORDER by Judge David R. Herndon; the costs of the juror meals shall be borne by the USA (cc: all counsel) (dlr) (Entered: 07/29/2002)

ORDER by Judge David R. Herndon; the Court directs the Clerk of the Court to enter judgment in favor of plaintiff and against defendant in the amount of $14,706.00 in compensatory damages for emotional harm; $35,294.00 in punitive damages, $526.00 in back pay and interest, and $949.00 in compensatin for medical expenses; the Court further directs the Clerk of the Court to enter judgment in favor of plaintiff and against defendant for the injunctive relief ordered herein terminating case (cc: all counsel) (dlr) (Entered: 08/08/2002)

JUDGMENT approved by Judge David R. Herndon; judgment is entered in favor of plaintiff and against defendant; see judgment for specifics (cc: all counsel) (dlr) (Entered: 08/08/2002)

NOTICE OF APPEAL on behalf of defendant Greenville Ford ; Filing fee pd $ 105.00 receipt # 84195 [59-1], [58-2] (cc: all counsel) (dlr) (Entered: 09/04/2002)

SHORT RECORD transmitted to USCA-7 [60-1] (dlr) (Entered: 09/04/2002)

MOTION by defendant Greenville Ford to stay of order and judgment pending appeal (dlr) (Entered: 09/11/2002)

MOTION by defendant Greenville Ford for additional time to order transcripts (dlr) (Entered: 09/11/2002)

DESIGNATION OF RECORD from plaintiff EEOC [60-1] (dlr) (Entered: 09/18/2002)

EXHIBITS received by plaintiff EEOC (1 folder) (dlr) (Entered: 09/18/2002)

NOTIFICATION by Circuit Court of Appellate Docket Number 02-3317 (dlr) (Entered: 09/16/2002)

RESPONSE by plaintiff EEOC to motion to stay of order and judgment pending appeal [61-1] (dlr) (Entered: 09/19/2002)

TRANSCRIPT of Jury Trial (day 1); held 7/22/02; 1 volume(s) Court Reporter: Laura A. Blatz (tjh) (Entered: 10/09/2002)

TRANSCRIPT of Jury Trial (day 2); held 7/23/02; 1 volume(s) Court Reporter: Laura A. Blatz (tjh) (Entered: 10/09/2002)

TRANSCRIPT of jury trial; held 7/24/02; 1 volume(s) Court Reporter: Jennifer Robertson (dlr) (Entered: 10/23/2002)

ORDER by Judge David R. Herndon granting in part and denying in part motion to stay of order and judgment pending appeal [61-1]; the Court stays execution of order and judgment pending defendant's appeal; however, this stay will not become effective until, if ever, defendant posts the required supersedeas bond with the Clerk of the Court (cc: all counsel) (dlr) (Entered: 10/28/2002)

RECORD ON APPEAL prepared [60-1] consisting of 1 vol pleadings, 3 vols transcripts, 1 env jury instr, 1 env of exhibits (dlr) (Entered: 11/25/2002)

MOTION by plaintiff EEOC to hold defendant in contempt , and to compel production of documents (dlr) (Entered: 02/19/2003)

RESPONSE by defendant Greenville Ford to motion to hold defendant in contempt [67-1], motion to compel production of documents [67-2] (js) (Entered: 02/25/2003)

NOTICE of hearing on motion to hold defendant in contempt [67-1] motion to compel production of documents [67-2] hearing set at 9:30 AM on 4/11/03 before Judge R. Herndon in the USDC/East St. Louis, IL (cc: all counsel) (pab) (Entered: 03/25/2003)

MOTION by plaintiff EEOC to continue its pending motions for contempt and to compel production of documents (js) (Entered: 04/07/2003)

ORDER by Judge David R. Herndon granting motion to continue pending motions for contempt and to compel production of documents [70-1], Court cancels hearing on motion to hold defendant in contempt [67-1] and to compel production of documents [67-2], to be rescheduled at later date if necessary (cc: all counsel) (dmw) (Entered: 04/11/2003)

MANDATE from Circuit Court, dismissing the appeal [60-1] USCA date of decision 04/25/03 (js) (Entered: 04/29/2003)

SECOND MOTION by plaintiff EEOC to hold defendant in contempt for failure to comply with the judgement order entered in this case on 8/6/02 (js) (Entered: 07/16/2003)

RESPONSE by defendant to plaintiff's second motion to hold defendant in contempt [73-1] (dmw) (Entered: 07/24/2003)

REPLY by plaintiff EEOC to response to motion to hold defendant in contempt for failure to comply with the judgement order entered in this case on 8/6/02 [73-1] (js) (Entered: 08/14/2003)

NOTICE of hearing motion to hold defendant in contempt for failure to comply with the judgement order entered in this case on 8/6/02 [73-1]; hearing reset for 9:30 AM on 10/17/03 before Judge David R. Herndon in the USDC/East St. Louis, IL (cc: all counsel) (pab) (Entered: 09/09/2003)

ORDER by Judge David R. Herndon; Before the Court is the Plaintiff's and Defendant's joint telephonic request submitted on 10/16/03 to continue Plaintiff's pending motions for contempt and to postpone the hearing the motions until a later, unspecified date. The Court grants the joint request to continue. The Court cancels the hearing on Plaintiff's motion to hold defendant in contempt scheduled for 11/17/03 at 9:30 AM. This hearing will be rescheduled at a later date if necessary. [73-1] ; (cc: all counsel) (js) (Entered: 10/30/2003)

ORDER denying as moot [73] Motion for Contempt . Signed by Judge David R Herndon on 01/12/04. (js, ) (Entered: 01/18/2004)