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1
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COMPLAINT against defendant Apria Healthcare Group, Inc. Waivers issued 1, Consents issued 2, Disclosure of Corporate Interest issued to deft, Jury Demand,, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet # 2 Original Filing Form)(SAJ, ) (Entered: 04/14/2004)
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April 14, 2004
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April 14, 2004
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2
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MOTION for Leave to Appear Pro Hac Vice Paul Patten by Defendant Apria Healthcare Group, Inc. (GLF) Receipt S2004-7014 for $25.00 filing fee. (Entered: 05/14/2004)
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May 14, 2004
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May 14, 2004
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3
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MOTION for Leave to Appear Pro Hac Vice Robert Arroyo by Defendant Apria Healthcare Group, Inc. Receipt #S2004-007014 for $25.00 filing fee.(GLF) (Entered: 05/14/2004)
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May 14, 2004
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May 14, 2004
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Receipt # S2004-007014 in the amount of $50.00 for ATTORNEY ADM. FEE - PHV Paul A. PAtten, ATTORNEY ADM. FEE - PHVRobert E. Arroyo on behalf of PATTEN, PAUL A.. (CSW,) (Entered: 05/14/2004)
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May 14, 2004
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May 14, 2004
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4
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DISCLOSURE OF CORPORATION INTERESTS CERTIFICATE by Defendant Apria Healthcare Group, Inc. Parent companies: None, Subsidiaries: None, Publicly held company: Yes,. (Patten, Paul) (Entered: 06/02/2004)
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June 2, 2004
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June 2, 2004
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5
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CJRA ORDER (jgw). Judge Audrey G. Fleissig termed. Case reassigned to Judge Charles A. Shaw for all further proceedings (MCB) (Entered: 06/03/2004)
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June 3, 2004
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June 3, 2004
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6
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MOTION to Dismiss Case by Defendant Apria Healthcare Group, Inc.. (Patten, Paul) (Entered: 06/14/2004)
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June 14, 2004
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June 14, 2004
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7
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MEMORANDUM in Support of Motion re 6 MOTION to Dismiss Case filed by Defendant Apria Healthcare Group, Inc.. (Attachments: # 1 Exhibit Ex. 1 Charge of Discrim.# 2 Exhibit Ex. 2 Ayers Ch. 13 Petition# 3 Exhibit Ex. 3 Ayers Statement of Fin. Int.)(Patten, Paul) (Entered: 06/14/2004)
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June 14, 2004
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June 14, 2004
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8
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NOTICE of Filing Exhibit with the Clerk's Office in paper format by Defendant Apria Healthcare Group, Inc. re 7 Memorandum in Support of Motion, (Patten, Paul) (Entered: 06/14/2004)
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June 14, 2004
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June 14, 2004
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9
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NOTICE of Filing Exhibit with the Clerk's Office in paper format by Defendant Apria Healthcare Group, Inc. re 7 Memorandum in Support of Motion, (Patten, Paul) (Entered: 06/14/2004)
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June 14, 2004
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June 14, 2004
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10
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NOTICE of Filing Exhibit with the Clerk's Office in paper format by Defendant Apria Healthcare Group, Inc. re 7 Memorandum in Support of Motion, (Patten, Paul) (Entered: 06/14/2004)
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June 14, 2004
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June 14, 2004
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11
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RULE 16 ORDER This case is assigned to Track: 2 Joint Scheduling Plan due by 7/21/2004. Telephonic Rule 16 Conference set for 8/5/2004 at 10:30 AM. Signed by Judge Charles A. Shaw on 6/16/04. (KXS, ) Modified on 6/17/2004 (KXS, ). (Entered: 06/16/2004)
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June 16, 2004
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June 16, 2004
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12
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MEMORANDUM in Opposition re 6 MOTION to Dismiss Case filed by Plaintiff Equal Employment Opportunity Commission. (Harper, Donna) (Entered: 06/21/2004)
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June 21, 2004
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June 21, 2004
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13
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REPLY to Response to Motion re 6 MOTION to Dismiss Case filed by Defendant Apria Healthcare Group, Inc.. (Attachments: # 1 Exhibit Lexis Case)(Patten, Paul) (Entered: 07/01/2004)
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July 1, 2004
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July 1, 2004
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14
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AMENDED DOCUMENT by Defendant Apria Healthcare Group, Inc.. Amendment to 13 Reply to Response to Motion. (Attachments: # 1 Exhibit Lexis Case# 2 Exhibit Lexis Case)(Patten, Paul) (Entered: 07/01/2004)
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July 1, 2004
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July 1, 2004
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15
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MEMORANDUM Memorandum For The Court by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Bankruptcy Court Docket #40# 2 Statement of Financial Affairs Amended)(Harper, Donna) (Entered: 07/16/2004)
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July 16, 2004
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July 16, 2004
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17
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JOINT SCHEDULING PLAN by Plaintiff Equal Employment Opportunity Commission. Joint Proposed Scheduling Plan . (Harper, Donna) (Entered: 07/16/2004)
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July 16, 2004
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July 16, 2004
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18
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MOTION for Leave to File Response Memorandum by Defendant Apria Healthcare Group, Inc.. (Attachments: # 1 Exhibit Response to EEOC Memo# 2 Notice of Exhibit Filing)(Patten, Paul) (Entered: 07/19/2004)
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July 19, 2004
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July 19, 2004
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Docket Text ORDER re: [Doc. 18], MOTION for Leave to File Response to Plaintiff EEOC's Memorandum, filed by Apria Healthcare Group, Inc.; ORDERED GRANTED. The Clerk of the Court shall file Apria's response, which is attached as an exhibit to the instant motion for leave. Signed by Judge Charles A. Shaw on July 20, 2004. (SMH) (Entered: 07/20/2004)
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July 20, 2004
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July 20, 2004
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19
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RESPONSE TO Plaintiff's Memorandum of Law re 15 Memorandum by Defendant Apria Healthcare Group, Inc.. (MRC, ) (Entered: 07/21/2004)
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July 20, 2004
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July 20, 2004
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20
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NOTICE of Filing Exhibit with the Clerk's Office in paper format by Defendant Apria Healthcare Group, Inc. with attached exhibit 1(JWJ, ) (Entered: 07/23/2004)
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July 20, 2004
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July 20, 2004
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Docket Text ORDER re: [Doc. 16], MOTION to Amend Order Setting Rule 16 Conference filed by EEOC; ORDERED GRANTED. The Rule 16 telephone conference is rescheduled for Thursday, September 2, 2004 at 10:30 a.m. The Order Setting Rule 16 Conference otherwise remains in full force and effect. Signed by Judge Charles A. Shaw on July 21, 2004. (SMH) (Entered: 07/21/2004)
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July 21, 2004
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July 21, 2004
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21
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that deft Apria Healthcase Group, Inc.'s mtn to dismiss is DENIED (#6). Deft shall file its answer to the complaint within the time allowed by Rule 12(a)(4)(A), Fed. R. Civ. P. Signed by Judge Charles A. Shaw on 7/28/04. (KXS, ) (Entered: 07/28/2004)
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July 28, 2004
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July 28, 2004
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22
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ANSWER to Complaint by Apria Healthcare Group, Inc..(Arroyo, Robert) (Entered: 08/11/2004)
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Aug. 11, 2004
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Aug. 11, 2004
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23
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CASE MANAGEMENT ORDER This case is assigned to Track: 2 Motion to Join Parties due by 9/30/2004. Discovery Completion due by 5/31/2005. ADR Future Reference 12/9/2004. Dispositive Motions due by 6/29/2005. Jury Trial set for 10/11/2005 09:00 AM in Courtroom 12N before Honorable Charles A. Shaw. Pretrial Conference set for 10/6/2005 02:00 PM in Courtroom 12N before Honorable Charles A. Shaw. Pretrial Compliance due by 9/21/2005.Signed by Judge Charles A. Shaw on 9/8/04. (KXS, ) (Entered: 09/08/2004)
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Sept. 8, 2004
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Sept. 8, 2004
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24
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MOTION for Protective Order Agreed Motion For Protective Order by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order Stipulated Protective Order# 2 Exhibit #1 Undertaking Concerning Confidential Material)(Harper, Donna) (Entered: 09/22/2004)
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Sept. 22, 2004
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Sept. 22, 2004
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26
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MOTION for Psychiatric Examination by Defendant Apria Healthcare Group, Inc.. (Attachments: # 1)(Patten, Paul) (Entered: 11/13/2004)
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Nov. 13, 2004
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Nov. 13, 2004
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27
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MOTION to file documents under seal by Defendant Apria Healthcare Group, Inc.. (KXS, ) (Entered: 11/16/2004)
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Nov. 15, 2004
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Nov. 15, 2004
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Docket Text ORDER re 27 MOTION to file documents under seal filed by Apria Healthcare Group, Inc. ; ORDERED GRANTED. Signed by Judge Charles A. Shaw on 11/17/04. (KXS, ) (Entered: 11/18/2004)
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Nov. 17, 2004
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Nov. 17, 2004
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28
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MEMORANDUM in Support of 26 MOTION for Rule 35 Examination filed by Defendant Apria Healthcare Group, Inc. (FILED UNDER SEAL). (KXS, ) (Entered: 11/18/2004)
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Nov. 18, 2004
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Nov. 18, 2004
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29
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MEMORANDUM in Opposition re 26 MOTION for Psychiatric Examination filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1)(Harper, Donna) (Entered: 11/24/2004)
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Nov. 24, 2004
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Nov. 24, 2004
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30
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REPLY to Response to Motion re 26 MOTION for Psychiatric Examination filed by Defendant Apria Healthcare Group, Inc.. (Attachments: # 1 Exhibit Exh. 1# 2 Exhibit Exh. 2# 3 Exhibit Exh. 3# 4 Exhibit Exh. 4# 5 Exhibit Exh. 5# 6 Exhibit Exh. 6# 7 Exhibit Exh. 7# 8 Notice of Exhibit Filing)(Patten, Paul) (Entered: 12/03/2004)
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Dec. 3, 2004
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Dec. 3, 2004
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31
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ORDER REFERRING CASE to Alternative Dispute Resolution. This case is referred to: mediation Designation of Lead Counsel: Barbara A. Seely ADR Completion Deadline due by 2/7/2005. Designation of Neutral due by 12/19/2004.. Signed by Judge Charles A. Shaw on 12/9/04. (JWJ, ) (Entered: 12/09/2004)
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Dec. 9, 2004
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Dec. 9, 2004
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32
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ENTRY of Appearance by James M. Paul Defendant Apria Healthcare Group, Inc.. (Paul, James) (Entered: 12/13/2004)
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Dec. 13, 2004
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Dec. 13, 2004
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33
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NOTICE by Defendant Apria Healthcare Group, Inc. re 29 Memorandum in Opposition to Motion, 30 Reply to Response to Motion,, 26 MOTION for Psychiatric Examination December 28, 2004 Hearing on Motion for Rule 35 Examination: (Patten, Paul) (Entered: 12/15/2004)
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Dec. 15, 2004
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Dec. 15, 2004
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34
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Designation of Neutral by parties and ADR Conference Report by Plaintiff Equal Employment Opportunity Commission Neutral: Charles Elbert Date of Conference: February 4, 2005 time: 9:30 a.m. Location: Kohn Elbert Gianoulakis & Gilijum, LLP; One U.S. Bank Plaza, St. Louis, MO(Seely, Barbara) (Entered: 12/20/2004)
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Dec. 20, 2004
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Dec. 20, 2004
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35
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ORDER IT IS HEREBY ORDERED that Apria's Motion for Rule 35 Examination is DENIED.[Doc. 26]IT IS FURTHER ORDERED that at trial, the EEOC's evidence about Ms. Ayers'compensatory damages shall be limited to non-expert testimony of "garden variety emotional distress"which will not seek to establish that Apria caused Ms. Ayers psychiatric, psychological or physicalillness or injury.IT IS FURTHER ORDERED that at trial, the EEOC shall not present evidence, argue orcomment in the presence of the jury that Dr. Pribor has not met with, examined or consulted Ms.Ayers, unless Apria "opens the door" for such disclosure. Signed by Judge Charles A. Shaw on 1/11/05. (KXS, ) (Entered: 01/11/2005)
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Jan. 11, 2005
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Jan. 11, 2005
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36
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NOTICE of Appointment of Neutral Neutral name: Charles Elbert, Neutral selected by parties, notice of appointment and order of referral mailed to neutral Elbert.(SAC, ) (Entered: 01/12/2005)
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Jan. 12, 2005
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Jan. 12, 2005
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37
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ADR COMPLIANCE REPORT by Neutral: Charles Elbert, Date of Conference: February 4, 2005, participated in good faith: yes, the parties DID achieve a settlement.(SAC, ) (Entered: 02/28/2005)
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Feb. 23, 2005
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Feb. 23, 2005
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38
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ORDER IT IS HEREBY ORDERED that the 10/11/05 trial setting is vacated and pending motions are denied without prejduice. IT IS FURTHER ORDERED that counsel shall file within 30 days of the date of this order a stipulation for dismissal, a motion for leave to voluntarily dismiss or a proposed consent judgment. Dismissal Paper(s) due by 4/1/2005.. Signed by Judge Charles A. Shaw on 3/3/05. (JWJ, ) (Entered: 03/03/2005)
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March 3, 2005
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March 3, 2005
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39
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MOTION for Settlement MEMORANDUM FOR THE COURT by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Consent Decree)(Harper, Donna) (Entered: 03/24/2005)
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March 24, 2005
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March 24, 2005
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40
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CONSENT DECREE - SO ORDERED (CAS), Terminate Case. Signed by Judge Charles A. Shaw on 3/31/2005. (MRC, ) (Entered: 03/31/2005)
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March 31, 2005
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March 31, 2005
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