Case: EEOC v. Ford Motor Credit Company

Equal Employment Opportunity Commission v. Ford Motor Credit Company

EEOC v. Ford Motor Company

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT against Ford Motor Credit Company , filed by Equal Employment Opportunity Commission. No summons issued.(eh) (Entered: 09/21/2006)

NOTICE from USDC Clerk regarding Corporate Disclosure Statement requirement (eh) (Entered: 09/21/2006)

NOTICE of Initial Case Management Conference set for Monday 11/20/2006 at 10:00 AM in Room 825 before District Judge Aleta A. Trauger. (eh) (Entered: 09/21/2006)

WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Ford Motor Credit Company waiver sent on 9/21/2006. (Dills, Steven) (Entered: 11/01/2006)

Joint MOTION to Continue Initial Case Management Conference by Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order Granting Motion to Continue)(Dills, Steven) (Entered: 11/09/2006)

ORDER granting 5 Joint MOTION to Continue Initial Case Management Conference filed by Equal Employment Opportunity Commission. Case Management Conference reset for 12/4/2006 at 10:15 AM in chambers of District Judge Aleta A. Trauger. Signed by Judge Aleta A. Trauger on 11/13/06. (hv) (Entered: 11/13/2006)

MOTION for Extension of Time to File Response to Complaint (Unopposed Motion) by Ford Motor Credit Company. (Frazier, Keith) (Entered: 11/20/2006)

ORDER granting 7 Motion for Extension of Time until 11/28/06 to File Answer to Complaint. Signed by Judge Aleta A. Trauger on 11/22/06. (hv) (Entered: 11/22/2006)

ANSWER to Complaint by Ford Motor Credit Company.(Frazier, Keith) (Entered: 11/28/2006)

CORPORATE DISCLOSURE STATEMENT filed by Equal Employment Opportunity Commission. (Frazier, Keith) (Entered: 11/29/2006)

PROPOSED CASE MANAGEMENT ORDER filed by all parties. (Frazier, Keith) (Entered: 11/29/2006)

Minute Entry for proceedings held before Judge Aleta A. Trauger : Case Management Conference held on 12/4/2006. Order to enter. (Court Reporter none.) (hv) (Entered: 12/04/2006)

INITIAL CASE MGT ORDER: Motions to Amend Pleadings due by 1/31/2007. Discovery due by 7/1/2007. Motions due by 9/2/2007, response ddl 30 days, reply ddl 14 days. Signed by Judge Aleta A. Trauger on 12/4/06. (hv) (Entered: 12/04/2006)

ORDER SETTING CASE FOR TRIAL: Jury Trial set for 2/12/2008 09:00 AM in Courtroom 873 before District Judge Aleta A. Trauger. Final Pretrial Conference set for 2/4/2008 01:30 PM in Judge Aleta A. Trauger's chambers. Proposed Pretrial Order due by 1/30/2008. Exhibit List due by 1/30/2008. Witness List due by 1/30/2008. Motions in limine due 1/22/08, response ddl 1/30/08. Signed by Judge Aleta A. Trauger on 12/4/06. (hv) (Entered: 12/04/2006)

MOTION to Intervene by Doe. (Attachments: # 1 Exhibit Proposed Complaint in Intervention)(Elbert, Philip) (Entered: 12/20/2006)

NOTICE by John Doe re 15 MOTION to Intervene of Service on Defendant Ford Motor Credit Corporation (Elbert, Philip) (Entered: 12/22/2006)

RESPONSE in Opposition re 15 MOTION to Intervene filed by Ford Motor Credit Company. (Attachments: # 1 Exhibit A − Separation Notice# 2 Appendix − EEOC v. West Company# 3 Appendix − EEOC v. Yellow Book# 4 Appendix − Holmes v. Boal# 5 Appendix − EEOC v. Victoria's Secret# 6 Appendix − Ceribelli v. Elghanayan# 7 Appendix − State Farm v. Holley# 8 Appendix − Trinity Universal Insurance v. Turner Funeral Home# 9 Appendix − Brooks v. Collinwood Church of God)(Frazier, Keith) (Entered: 01/05/2007)

MOTION for Leave to File a Reply Brief re 17 Response in Opposition to Motion, by John Doe. (Elbert, Philip) (Entered: 01/10/2007)

ORDER granting 18 Motion for Leave to file a reply . Pltf−Intervenor shall file his reply by 1/22/07. Signed by Judge Aleta A. Trauger on 1/16/07. (km, ) (Entered: 01/17/2007)

REPLY to Response to Motion re 15 MOTION to Intervene filed by John Doe. (Attachments: # 1 Appendix Unpublished Decisions)(Elbert, Philip) (Entered: 01/22/2007)

MEMORANDUM and ORDER granting 15 Motion to Intervene. If no revised complaint in intervention is filed by 2/16/07, the Clerk shall file the Complaint in Intervention attached to the Motion to Intervene 15 . Signed by Judge Aleta A. Trauger on 2/13/07. (km, ) (Entered: 02/13/2007)

MOTION for Extension of Time to Amend by John Doe. (Attachments: # 1 Exhibit Amended Complaint)(Smith, Lyndsay) (Entered: 02/19/2007)

ORDER granting 22 Motion for Extension of filing deadline . Clerk shall file the attached complaint. Signed by Judge Aleta A. Trauger on 2/20/07. (km, ) (Entered: 02/20/2007)

COMPLAINT IN INTERVENTION filed by John Doe against Ford Motor Credit.(km, ) (Entered: 02/20/2007)

MOTION for Extension of Time to File Expert Disclosures by John Doe. (Smith, Lyndsay) (Entered: 02/28/2007)

ORDER granting 25 Pltf−intervenor's Motion for Extension. The pltf−intervenor shall file his initial disclosures by 3/7/07. The pltf−intervenor shall file expert disclosures, if any, by 4/5/07. Signed by Judge Aleta A. Trauger on 3/5/07. (jb) (Entered: 03/05/2007)

ANSWER to Intervenor Complaint by Ford Motor Credit Company.(Frazier, Keith) (Entered: 03/14/2007)

Report of Parties Regarding Mediation Efforts by Equal Employment Opportunity Commission, John Doe, Ford Motor Credit Company, Ford Motor Credit Company(Smith, Lyndsay) (Entered: 07/02/2007)

Address added for Attys James Lee and Gwendolyn Young Reams per DE #28. (gi, ) (Entered: 07/05/2007)

Letter from deputy clerk to Attys James Lee and Gwendolyn Young Reams re Local Rule 83.01 requirements. (hv) (Entered: 07/09/2007)

CORRECTION re 29 Letter: Because Attys James Lee and Gwendolyn Young Reams are members of a US agency, no motion for pro hac vice is required. (hv) (Entered: 07/10/2007)

NOTICE of Appearance by Kristen V. Dyer on behalf of John Doe (Dyer, Kristen) (Entered: 07/10/2007)

ORDER granting 30 MOTION for Extension of Time to Complete Discovery filed by John Doe. Discovery ddl extended to 10/2/2007. Motions ddl extended to 10/26/2007, response ddl 11/16/07, reply ddl 11/27/07. Signed by Judge Aleta A. Trauger on 7/12/07. (hv) (Entered: 07/12/2007)

MOTION to Amend/Correct 24 Intervenor Complaint by John Doe. (Attachments: # 1 Exhibit 1 − Doe Depo Excerpts# 2 Exhibit 2 − Palmer Depo Excerpts# 3 Exhibit 3 − EEOC Charge Forms# 4 Proposed First Amended Complaint in Intervention)(Smith, Lyndsay) (Entered: 09/12/2007)

SUBPOENA issued to Scott Adams and returned executed on September 24, 2007 as to Scott Adams by John Doe (Dyer, Kristen) (Entered: 09/24/2007)

SUBPOENA issued to Dr. Bradley Bullock and returned executed on September 24, 2007 as to Dr. Bradley Bullock by John Doe (Dyer, Kristen) (Entered: 09/24/2007)

SUBPOENA issued to Dr. Reena Camoens and returned executed on September 24, 2007 as to Dr. Reena Camoens by John Doe (Dyer, Kristen) (Entered: 09/24/2007)

SUBPOENA issued to Dr. Wendy Mangialardi and returned executed on September 24, 2007 as to Dr. Wendy Mangialardi by John Doe (Dyer, Kristen) (Entered: 09/24/2007)

NOTE: Subpoenas (#34−37), whether issued or returned, should not be filed unless they are an exhibit to another document. (hv) (Entered: 09/25/2007)

RESPONSE in Opposition re 33 MOTION to Amend/Correct 24 Intervenor Complaint filed by Ford Motor Credit Company, Ford Motor Credit Company. (Attachments: # 1 Exhibit 1 − Relevant Excerpts from the Deposition of John Doe# 2 Unreported Case − Ward v. Wal−Mart Stores# 3 Unreported Case − Tremper v. Air Shields)(Frazier, Keith) (Entered: 09/25/2007)

MOTION for Leave to re 38 Response in Opposition to Motion, to File a Reply by John Doe. (Attachments: # 1 Reply to Memo in Opp to Motion for Leave# 2 Attachment 1# 3 Attachment 2)(Dyer, Kristen) (Entered: 09/26/2007)

NOTE TO FILER re Motion & Reply (#39): These documents are scanned documents; scanning should only be used for documents not created on your computer. These documents do not need to be re−filed. (hv) (Entered: 09/27/2007)

ORDER granting 39 Motion for Leave to File a Reply. Signed by Judge Aleta A. Trauger on 9/27/07. (jb) (Entered: 09/27/2007)

REPLY to 38 Defendant's Memorandum in Opposition to 33 Plaintiff−Intervenor's Motion for Leave to File First Amended Complaint filed by John Doe. (Attachments: (1) Exhibit − Case Opinion# 2 Exhibit − Case Opinion)(jb) (Entered: 09/27/2007)

Report of Parties Regarding Mediation Efforts by Equal Employment Opportunity Commission, John Doe, Ford Motor Credit Company(Dyer, Kristen) (Entered: 10/02/2007)

NOTICE of Appearance by William David Bridgers on behalf of John Doe (Bridgers, William) (Entered: 10/02/2007)

MEMORANDUM and ORDER: granting in part and denying in part 33 Motion for Leave to File Amended Complaint in Intervention 33 is Granted In Part and Denied In Part. Plaintiff−intervenor may file an amended complaint in intervention that withdraws his state tort claims, but that amended complaint may not include a failure to accommodate claim under ADA. Signed by Judge Aleta A. Trauger on 10/23/07. (dt) (Entered: 10/23/2007)

NOTICE of Appearance by Jennifer S. Rusie on behalf of Ford Motor Credit Company (Rusie, Jennifer) (Entered: 10/25/2007)

NOTICE of Filing by John Doe (Attachments: # 1 Proposed Order Agreed Order of Dismissal)(Dyer, Kristen) (Entered: 10/26/2007)

MOTION for Summary Judgment by Ford Motor Credit Company. (Frazier, Keith) (Entered: 10/26/2007)

MEMORANDUM in Support of 48 MOTION for Summary Judgment filed by Ford Motor Credit Company. (Attachments: # 1 Unpublished Opinion − Harris v. Vescom# 2 Unpublished Opinion − Anderson v. Arizona# 3 Unpublished Opinion − EEOC v. Overnite)(Frazier, Keith) (Entered: 10/26/2007)

STATEMENT of facts filed by Ford Motor Credit Company in support of 48 Motion for Summary Judgment. (Frazier, Keith) (Entered: 10/26/2007)

AFFIDAVIT in Support re 48 MOTION for Summary Judgment Affidavit of Sue Geisen filed by Ford Motor Credit Company. (Frazier, Keith) (Entered: 10/26/2007)

Consent MOTION to Seal (Unopposed Motion to File Exhibits Under Seal in Support of Motion for Summary Judgment) by Ford Motor Credit Company. (Frazier, Keith) (Entered: 10/26/2007)

Sealed Document Tab Nos. 2, 7, & 8 of Record Appendix filed by Ford Motor Credit Company. (Frazier, Keith) (Entered: 10/26/2007)

APPENDIX filed by Ford Motor Credit Company re 48 Motion for Summary Judgment. (Attachments: # 1 1 − Doe Deposition Excerpts# 2 3 − Chandra Chisom Deposition Excerpts# 3 4 − Monica Chisom Deposition Excerpts# 4 5 − Tracie Johnson Deposition Excerpts# 5 6 − Jeff Palmer Deposition Excerpts)(Frazier, Keith) (Entered: 10/26/2007)

ORDER granting 52 Motion to Seal Exhibits in support of Motion for Summary Judgment. Signed by Judge Aleta A. Trauger on 10/29/07. (hv) (Entered: 10/30/2007)

AGREED ORDER of Dismissal of pltf−intervenor John Doe's state claims. Signed by Judge Aleta A. Trauger on 10/29/07. (hv) (Entered: 10/30/2007)

ORDER denying 46 Motion to Amend 10/23/07 Order. The Court declines to revisit this issue or to grant this motion, which simply reargues the same point already ruled upon. Signed by Judge Aleta A. Trauger on 10/29/07. (hv) (Entered: 10/30/2007)

RESPONSE in Opposition re 48 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (Ramsey, Sally) (Entered: 11/15/2007)

MEMORANDUM in Support of 58 Response in Opposition to Motion filed by Equal Employment Opportunity Commission. (Attachments: # 1 unpublished opinion Fisher v. Harvey pgs 1−3# 2 unpublished opinion Fisher v. Harvey pgs 4−6)(Ramsey, Sally) (Entered: 11/15/2007)

RESPONSE filed by Equal Employment Opportunity Commission re 50 Statement of facts filed by Ford Motor Credit Company. (Ramsey, Sally) (Entered: 11/15/2007)

STATEMENT of facts filed by Equal Employment Opportunity Commission in support of 58 Response in Opposition to Motion. (Ramsey, Sally) (Entered: 11/15/2007)

RESPONSE in Opposition re 48 MOTION for Summary Judgment filed by John Doe. (Dyer, Kristen) (Entered: 11/15/2007)

RESPONSE filed by John Doe re 50 Statement of facts filed by Ford Motor Credit Company. (Attachments: # 1 Exhibit Dr. Reena Camoens Dep pp 40−41)(Dyer, Kristen) (Entered: 11/15/2007)

APPENDIX filed by Equal Employment Opportunity Commission re 58 Response in Opposition to Motion. (Attachments: # 1 Tab 1 − John Doe deposition# 2 Tab 1 − John Doe deposition pt 2# 3 Tab 1 − John Doe deposition pt 3# 4 Tab 1 − John Doe deposition pt 4# 5 Tab 1 − John Doe deposition pt 5# 6 Tab 2 − Jeff Palmer deposition# 7 Tab 3 − Chandra Chisom deposition# 8 Tab 4 − Defendant's response dated September 28, 2005# 9 Tab 5 − Defendant's FMLA policy# 10 Tab 8 − unpublished opinion Butler v. Wal−Mart)(Ramsey, Sally) (Entered: 11/15/2007)

Consent MOTION for Leave to File Document Under Seal Unopposed motion to file exhibits under seal in support of response in opposition to Defendant's motion for summary judgment by Equal Employment Opportunity Commission. (Ramsey, Sally) (Entered: 11/15/2007)

Sealed Document Tabs 6 and 7 to Appendix to EEOC's Response and Memorandum in Opposition to Defendant's Motion for Summary Judgment filed by Equal Employment Opportunity Commission. (Ramsey, Sally) (Entered: 11/16/2007)

ORDER granting 65 Motion for Leave to File Exhibits Under Seal. Signed by Judge Aleta A. Trauger on 11/16/07. (gi) (Entered: 11/16/2007)

REPLY to Response to Motion re 48 MOTION for Summary Judgment filed by Ford Motor Credit Company. (Attachments: # 1 Slip Copy − Anderson v. Arizona# 2 Slip Copy − Cline v. BWXT−Y12# 3 Unpublished Opinion − Dube v. J.P. Morgan# 4 Slip Copy − Fisher v. Harvey# 5 Unpublished Opinion − Johnson v. Moundsvista# 6 Unpublished Opinion − Lemire v. Reitter)(Frazier, Keith) (Entered: 11/27/2007)

RESPONSE filed by Ford Motor Credit Company re 61 Statement of facts filed by Equal Employment Opportunity Commission. (Frazier, Keith) (Entered: 11/27/2007)

DECLARATION of Cindy Hardin filed by Ford Motor Credit Company re: 68 Reply to Response to Motion, 69 Response (Non−Motion). (Frazier, Keith) (Entered: 11/27/2007)

MOTION to Seal (Motion to File Exhibits to Reply Memorandum in Support of Motion for Summary Judgment Under Seal) by Ford Motor Credit Company. (Frazier, Keith) (Entered: 11/27/2007)

Sealed Document (Tab Nos. 4−6 to Record Appendix) filed by Ford Motor Credit Company. (Frazier, Keith) (Entered: 11/27/2007)

APPENDIX filed by Ford Motor Credit Company re 68 Reply to Response to Motion, 69 Response (Non−Motion). (Attachments: # 1 Appendix 1 − Directive B−104# 2 Appendix 2 − Relevant Excerpts from Palmer Deposition# 3 Appendix 3 − Standards of Corporate Conduct# 4 Appendix 7 − Relevant Excerpts from Chandra Chisom Depo# 5 Appendix 8 − Relevant Excerpts from Doe Deposition# 6 Appendix 9 − Relevant Excerpts from Johnson Deposition# 7 Appendix 10 − Relevant Excerpts from Monica Chisom Depo# 8 Appendix 11 − Relevant Excerpts from Hardin Deposition)(Frazier, Keith) (Entered: 11/27/2007)

ORDER The trial scheduled for 2/12/08 and the pretrial conference scheduled for 2/04/08 are continued. Signed by Judge Aleta A. Trauger on 12/18/07. (ab) (Entered: 12/18/2007)

MEMORANDUM AND OPINION. Signed by Judge Aleta A. Trauger on 1/14/08. (gi)

ORDER denying 48 Motion for Summary Judgment for reasons expressed in the accompanying memorandum. Signed by Judge Aleta A. Trauger on 1/14/08. (gi)

NOTICE of Appearance by Deidre Smith on behalf of Equal Employment Opportunity Commission (Smith, Deidre) (Entered: 01/16/2008)

ORDER RESETTING JURY TRIAL Proposed Pretrial Order due by 5/13/2008; Final Pretrial Conference set for 5/16/2008 01:30 PM in Room 825 before District Judge Aleta A. Trauger;Jury Trial set for 5/20/2008 09:00 AM in Courtroom 873 before District Judge Aleta A. Trauger. Signed by Judge Aleta A. Trauger on 01/18/08. (ab) (Entered: 01/18/2008)

Joint MOTION for Settlement Conference by Ford Motor Credit Company. (Frazier, Keith) (Entered: 01/31/2008)

ORDER Granting 79 Joint MOTION for Settlement Conference. It is hereby ordered that this case is referred to Magistrate Judge Joe Brown for a judicial settlement 3:06-cv-900 As of: 06/07/2017 12:02 PM CDT 7 of 12 conference, to be scheduled at his convenience and the convenience of the parties. Signed by Judge Aleta A. Trauger on 02/05/08. (ab) (Entered: 02/05/2008)

ORDER A telephone Conference to discuss choosing a settlement conference date has been set for 2/13/2008 02:00 PM with Magistrate Judge Joe Brown. The call will be initiated by Magistrate Judge Brown's office. Signed by Judge Joe Brown on 02/11/08. (ab) (Entered: 02/11/2008)

ORDER A Settlement Conference is set for 3/24/2008 09:30 AM in Courtroom 783 before Magistrate Judge Joe Brown. The Magistrate Judge is in the process of changing office locations and the parties should check with Magistrate Judge's office prior to the hearing to determine the exact room that will be used. See Order for complete instructions for the conference. Signed by Judge Joe Brown on 02/14/08. (ab) (Entered: 02/14/2008)

ORDER At the settlement conference, the parties bargained but a resolution could not be reached. The parties are advised that the Magistrate Judge stands ready to assist should the parties wish to continue negotiations. There does not appear anything further for the Magistrate Judge to do, the Clerk is directed to return the file to the District Judge as the case is now set for trial in May. Signed by Magistrate Judge Joe Brown on 03/31/08. (ab) Modified text on 3/31/2008 (ab). (Entered: 03/31/2008)

First MOTION in Limine by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Attachment 1 −(SEALED) Bates # EEOC 00065−66, # 2 Exhibit Attachment 2 −(SEALED) Bates # EEOC 00059−64, # 3 Exhibit Attachment 3 −(SEALED) Bates # EEOC 00023, # 4 Exhibit Attachment 4 −(SEALED) Bates # EEOC 00019−20, # 5 Exhibit Attachment 6 − Unreported Case − Cruz v. Aramark, # 6 Exhibit Attachment 7 − Unreported Case − Pena v. Stewart Title Co., # 7 Exhibit Attachment 8 − Unreported Case − Wells v. XPEDX)(Dills, Steven) Exhibits placed under Seal by Clerk's Office pending Ruling on Motion to File Documents under Seal. Modified text on 5/2/2008 (ab). (Entered: 05/02/2008)

MOTION in Limine to Preclude the Introduction of the EEOC's Determination Letter by Ford Motor Credit Company. (Frazier, Keith) (Entered: 05/02/2008)

MEMORANDUM in Support of 84 First MOTION in Limine filed by Equal Employment Opportunity Commission. (Dills, Steven) (Entered: 05/02/2008)

MEMORANDUM in Support of 85 MOTION in Limine to Preclude the Introduction of the EEOC's Determination Letter filed by Ford Motor Credit Company. (Attachments: # 1 Unpublished Case − Ricker v. Food Lion)(Frazier, Keith) (Entered: 05/02/2008)

Second MOTION in Limine by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Attachment 5 −(SEALED) Bates # DEF 00032)(Dills, Steven)Exhbit placed under seal by Clerk's office pending ruling on Motion to file documents under Seal. Modified text on 5/2/2008 (ab). (Entered: 05/02/2008)

MOTION in Limine to Preclude Doe's Hearsay Testimony About His Coworkers' Knowledge by Ford Motor Credit Company. (Frazier, Keith) (Entered: 05/02/2008)

MEMORANDUM in Support of 88 Second MOTION in Limine filed by Equal Employment Opportunity Commission. (Dills, Steven) (Entered: 05/02/2008)

MEMORANDUM in Support of 89 MOTION in Limine to Preclude Doe's Hearsay Testimony About His Coworkers' Knowledge filed by Ford Motor Credit Company. (Attachments: # 1 Relevant Excerpts from John Doe Deposition)(Frazier, Keith) (Entered: 05/02/2008)

MOTION in Limine to Preclude Evidence Regarding a Failure to Promote Doe by Ford Motor Credit Company. (Frazier, Keith) (Entered: 05/02/2008)

MEMORANDUM in Support of 92 MOTION in Limine to Preclude Evidence Regarding a Failure to Promote Doe filed by Ford Motor Credit Company. (Frazier, Keith) (Entered: 05/02/2008)

First MOTION in Limine by John Doe. (Attachments: # 1 Exhibit Dep. Excerpt, # 2 Exhibit Dep. Excerpt)(Dyer, Kristen) (Entered: 05/02/2008)

Third MOTION in Limine by John Doe. (Attachments: # 1 Exhibit)(Dyer, Kristen) (Entered: 05/02/2008)

Note to Filer re DE# 86, 88, 90 : Pursuant to court policy & procedure, Certificates of Service must include the names and full addresses for all persons served (whether served electronically or by other means), what was served, method of service and date of service (see Local Rule 5.01). Please FILE a conformed Certificate of Service for these documents. (ab) (Entered: 05/05/2008)

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission to correct deficient Certificates filed in Documents 84, 86, 88, and 90 (Dills, Steven) (Entered: 05/05/2008)

MOTION to file Motions in Limine Exhibits under Seal re 84 First MOTION in Limine, 88 Second MOTION in Limine by Equal Employment Opportunity Commission. (Dills, Steven) (Entered: 05/05/2008)