Case: EEOC v. BON SECOURS - DePAUL MEDICAL CENTER, INC.

EEOC v. Bon Secours - DePaul Medical Center, Inc.

EEOC v. Bon Secours - DePaul Medical Center, Inc.

No Court

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT; jury demand (lbax) (Entered: 09/17/2002)

CASE REFERRED to Magistrate Judge Tommy E. Miller (lbax) (Entered: 09/17/2002)

SUMMONS(ES) and certified copy issued for Bon Secours w/Mag. Consent, financial disclosure, order/motion procedures (lbax) (Entered: 09/17/2002)

ANSWER to Complaint by Bon Secours (Attorney William Edward Rachels Jr., Timothy Michael McConville), (jcow) (Entered: 12/31/2002)

Referred for 16(b) Conference (jcow) (Entered: 12/31/2002)

SUMMONS Returned Executed as to Bon Secours 12/13/02; Answer due on 1/2/03 for Bon Secours (lbax) (Entered: 01/02/2003)

ORDER: 26(f) attorneys' conference set 1/16/03 at 2:00 p.m.; 16(b) scheduling conference set 8:45 1/30/03; initial disclosure 2/13/03; no party required to respond to discovery sooner than 2/24/03; entered 1/6/03 and filed 1/6/03 ( signed by Magistrate Judge Tommy E. Miller ) Copies Mailed: 1/6/03 (afor) (Entered: 01/07/2003)

16(b) Conference held (clerk) (Entered: 02/03/2003)

Rule 16(b) Scheduling Order: setting jury trial at 10:00 a.m. on 8/27/03 at Norfolk. Expert witnesses to be identified by 4/28/03; disclosure outlined in Rule 26 (a)(2)(B) by 5/28/03; response to such disclosure by 6/30/03; rebuttal by 7/15/03; discovery by plaintiff(s) on or before 6/18/03 and defendant(s) on or before 7/16/03; discovery/deposition in lieu of witness at trial concluded by 7/23/03; pretrial disclosures to be delivered to all counsel and unrepresented parties on or before 8/8/03; objections delivered by 8/13/03; an attorney's conference is set for 8/8/03 at 2:00 p.m.; a final pretrial conference shall be conducted on 8/15/03 at 11:00 a.m.; trial by jury has been demanded and proposed voir dire and written jury instructions are due by 8/20/03; plaintiff shall, by 2/3/03, notify the charging party for whom they are seeking relief, that they must exercise their right under Title VII of the Civil Rights Act 42 USC 2000e(f)(1) to intervene in this law suit by 2/21/03, entered 1/30/03 and filed 1/31/03 (signed by Magistrate Judge Tommy E. Miller) Copies Mailed: 2/3/03 (clerk) (Entered: 02/03/2003)

Deadline updated; set Motion Filing deadline to 2/21/03 to intervene. (clerk) (Entered: 02/03/2003)

Financial Interest Disclosure Statement (Local Rule 7.1) by Bon Secours DePaul Medical Center, Inc. (clerk) (Entered: 02/28/2003)

MEMORANDUM in support of [7-1] motion by Bon Secours Depaul Medical Center, Inc. for Summary Judgment, received. (clerk) (Entered: 07/18/2003)

AFFIDAVIT of David J. McCombs in support of [8-1] support memorandum by Bon Secours Depaul Medical Center, Inc., [7-1] motion by Bon Secours Depaul Medical Center, Inc. for Summary Judgment (clerk) (Entered: 07/18/2003)

MOTION by EEOC for Partial Summary Judgment (clerk) (Entered: 07/21/2003)

MEMORANDUM in support of [10-1] motion by EEOC for Partial Summary Judgment, received. (clerk) (Entered: 07/21/2003)

MEMORANDUM by EEOC in opposition to [7-1] motion by Bon Secours Depaul Medical Center, Inc. for Summary Judgment, received. (clerk) (Entered: 07/29/2003)

Deadline updated; reset Final Pretrial Conference for 2:00 p.m. on 8/14/03 before Magistrate Judge Tommy E. Miller (clerk) (Entered: 07/29/2003)

MEMORANDUM by Bon Secours DePaul Medical Center, Inc. in opposition to [10-1] motion by EEOC for Partial Summary Judgment, received. (clerk) (Entered: 07/30/2003)

AFFIDAVIT of David J. McCombs in support of [13-1] opposition memorandum by Bon Secours Depaul Medical Center, Inc. (clerk) (Entered: 07/30/2003)

REPLY by Bon Secours DePaul Medical Center, Inc. to response to [7-1] motion by Bon Secours Depaul Medical Center, Inc. for Summary Judgment, received. (clerk) (Entered: 08/01/2003)

REPLY by EEOC to response to [10-1] motion by EEOC for Partial Summary Judgment, received. (clerk) (Entered: 08/04/2003)

Final Pre-Trial Conference held (clerk) (Entered: 08/15/2003)

FINAL PRETRIAL ORDER, held in the presence of counsel, entered and filed 8/14/03 (signed by Magistrate Judge Tommy E. Miller) (clerk) (Entered: 08/15/2003)

ORDER denying [10-1] motion by EEOC for Partial Summary Judgment; and denying [7-1] motion by Bon Secours Depaul Medical Center, Inc. for Summary Judgment, entered and filed 8/18/03 (signed by Judge Jerome B. Friedman) Copies Mailed: 8/18/03 [EOD Date: 8/19/03] (clerk) (Entered: 08/19/2003)

Proposed Jury instructions by Bon Secours DePaul Medical Center, Inc. (clerk) (Entered: 08/21/2003)

PROPOSED VOIR DIRE by defendant Bon Secours DePaul Medical Center, Inc. (clerk) (Entered: 08/21/2003)

Proposed Jury instructions by EEOC (clerk) (Entered: 08/21/2003)

PROPOSED VOIR DIRE by plaintiff EEOC (clerk) (Entered: 08/21/2003)

MEMORANDUM in support of [19-1] motion by Bon Secours DePaul Medical Center, Inc. in limine to exclude evidence of lost earnings, received. (clerk) (Entered: 08/21/2003)

MOTION by EEOC in limine to exclude extrinsic evidence of Ms. Denninghoff's prior employment (clerk) (Entered: 08/26/2003)

MEMORANDUM in support of [21-1] motion by EEOC in limine to exclude extrinsic evidence of Ms. Denninghoff's prior employment, received. (clerk) (Entered: 08/26/2003)

MOTION by EEOC in limine to preclude testimony of newly-identified witnesses (clerk) (Entered: 08/26/2003)

MEMORANDUM in support of [23-1] motion by EEOC in limine to preclude testimony of newly-identified witnesses, received. (clerk) (Entered: 08/26/2003)

Jury Trial held (Entered: 08/28/2003)

Minute entry: TRIAL PROCEEDINGS: JBF, judge. Sue Ash (OCR). Counsel appeared. Matter came on for trial by jury. Arguments heard on motions in limine - court denied in part and withheld ruling in part. Jury appeared as summoned and sworn on voir dire. 8 jurors were selected to try the issues. Jurors not selected were excused. Witnesses excluded. Opening statements. Pltf. presented evidence. Counsel and parties excused until tomorrow at 9:30 a.m. (Entered: 08/28/2003)

Jury Trial held (Entered: 08/28/2003)

Minute entry: CONTINUATION OF JURY TRIAL: JBF, j. Sue Ash, OCR. Jurors, counsel and parties appeared. Pltf. resumed with evidence and rested. Arguments heard on defts. motion for judgment as a matter of law - court denied. Deft. presented evidence. Counsel and parties excused until tomorrow at 9:45 a.m. (Entered: 08/28/2003)

Jury Trial held (Entered: 08/29/2003)

Minute entry: CONTINUATION OF JURY TRIAL: JBF, j. Gloria Smith and Sue Ash, OCR's. Jurors, counsel and parties appeared. Redacted copy of de bene esse deposition of Janet Lorraine Macarthur filed. Pltfs. designation of objections to deposition testimony of Robert C. Squatrito, MD, filed. Deft. resumed with evidence. Video tape deposition of Robert C. Squatrito, MD played to the jury, and transcript filed. Jurors excused until Tuesday, September 2, 2003, at 9:30 a.m., and counsel to appear at 9:00 a.m. (Entered: 08/29/2003)

Redacted copy of de bene esse deposition of Janet Lorraine Maccarthur filed in open court. (Entered: 08/29/2003)

Designation of objections to deposition testimony of Robert C. Squatrito, M.D. by plaintiff EEOC, filed in open court. (Entered: 08/29/2003)

DEPOSITION of Robert C. Squatrito, M.D., filed in open court. (Entered: 08/29/2003)

Minute entry: CONTINUATION OF JURY TRIAL: JBF, j. Sue Ash, OCR. Jurors, counsel and parties appeared. Deft. resumed with evidence and rested. Pltfs. motion for judgment as a matter of law - denied. Pltf. presented rebuttal evidence and rested. Deft. renewed motion for judgment as a matter of law - denied. Instructions read to the jury. Final arguments. Jury rec'd court's final instructions and retired to begin their deliberations, and sometime later ret'd with the following verdict (attached). Verdict filed. Jury polled. Jurors excused. Deft. made a motion for judgment notwithstanding the verdict. Deft. to submit brief by Sept. 16, 2003, pltfs. response by Sept. 29, 2003, and defts. reply by Oct. 3, 2003. Court directed clerk not to enter judgment at this time. (Entered: 09/02/2003)

JURY VERDICT for the pltf. EEOC, filed in open court. (Entered: 09/02/2003)

MOTION by Bon Secours DePaul Medical Center, Inc. for Judgment as a Matter of Law , or alternatively by Bon Secours DePaul Medical Center, Inc. for New Trial (clerk) (Entered: 09/17/2003)

MEMORANDUM in support of [33-1] motion by Bon Secours DePaul Medical Center, Inc. for Judgment as a Matter of Law, [33-2] motion by Bon Secours DePaul Medical Center, Inc. for New Trial, received. (clerk) (Entered: 09/17/2003)

MEMORANDUM by EEOC in opposition to [33-1] motion by Bon Secours DePaul Medical Center, Inc. for Judgment as a Matter of Law, [33-2] motion by Bon Secours DePaul Medical Center, Inc. for New Trial, received. (clerk) (Entered: 09/30/2003)

REPLY by Bon Secours DePaul Medical Center, Inc. to response to [33-1] motion by Bon Secours DePaul Medical Center, Inc. for Judgment as a of Law, [33-2] motion by Bon Secours DePaul Medical Center, Inc. for New Trial, received. (clerk) (Entered: 10/03/2003)

MOTION by EEOC seeking enforcement of Local Rule of Practice 7(E)3 (clerk) (Entered: 10/07/2003)

MEMORANDUM in support of [37-1] motion by EEOC seeking enforcement of Local Rule of Practice 7(E)3, received. (clerk) (Entered: 10/07/2003)

RESPONSE by Bon Secours to [37-1] motion by EEOC seeking enforcement of Local Rule of Practice 7(E)3 by EEOC (jcow) (Entered: 10/09/2003)

MOTION with Memorandum in Support by Bon Secours to expand the allowable length of defendant's reply memorandum or to allow defendant to file replacemetn reply memorandum (jcow) (Entered: 10/09/2003)

Motion hearing [33-1] motion by Bon Secours DePaul Medical Center, Inc. for Judgment as a Matter of Law set at 9:30 a.m. on 11/13/03 before Judge Jerome B. Friedman (clerk) (Entered: 10/22/2003)

Motion hearing held re: [33-1] motion by Bon Secours DePaul Medical Center, Inc. for Judgment as a Matter of Law by Bon Secours, [33-2] motion by Bon Secours DePaul Medical Center, Inc. for New Trial by Bon Secours (Entered: 11/13/2003)

ORDER denying [33-1] motion by Bon Secours DePaul Medical Center, Inc. for Judgment as a Matter of Law; denying [33-2] motion by Bon Secours DePaul Medical Center, Inc. for New Trial and directing parties to schedule a hearing as soon as possible to determine any award of back pay and/or front pay, entered and filed 12/9/03 (signed by Judge Jerome B. Friedman) Copies Mailed: 12/9/03 [EOD Date: 12/9/03] (clerk) (Entered: 12/09/2003)

TRANSCRIPT for dates of August 27, 2003 before the Honorable Jerome B. Friedman (clerk) (Entered: 12/10/2003)

TRANSCRIPT for dates of August 28, 2003 before the Honorable Jerome B. Friedman. (clerk) (Entered: 12/10/2003)

TRANSCRIPT (Volume 3A) for dates of August 29, 2003 before the Honorable Jerome B. Friedman. (clerk) (Entered: 12/10/2003)

TRANSCRIPT (Volume 3B) for dates of August 29, 2003 before the Honorable Jerome B. Friedman. (clerk) (Entered: 12/10/2003)

TRANSCRIPT for dates of September 2, 2003 before the Honorable Jerome B. Friedman. (clerk) (Entered: 12/10/2003)

Deadline updated; Hearing Deadline for 11:00 a.m. on 2/6/04 on post trial issues before Judge Jerome B. Friedman (clerk) (Entered: 01/12/2004)

Deadline updated; Hearing Deadline reset for 10:00 a.m. on 3/2/04 before Judge Jerome B. Friedman for post trial issues (clerk) (Entered: 02/06/2004)

CONSENT DECREE resolving al issues and claims in the Complaint; enjoining defendant from making certain employment decisions, see this consent decree for specifics; that within ten (10) days from the date of entry of this consent decree, defendant will pay to Stephanie Denninghoff the amount of $60,000 for lost wages, $300,000 in damages, for a total of $360,000, see this consent decree for specifics as to Internal Revenue Service deductions; see this consent decree for specfics on notice to be posted, costs incurred, and training to be conducted; and this action is dismissed with prejudice and removed from the active docket, agreed, entered and filed 3/4/04 (Signed by Judge Jerome B. Friedman). OB. Copies Mailed: 3/4/04 (clerk) (Entered: 03/05/2004)

Case closed (clerk) (Entered: 03/05/2004)

Permanent Record (clerk) (Entered: 03/05/2004)