Case: EEOC v. GTE SOUTH INC

5:99-cv-00383 | U.S. District Court for the Eastern District of Kentucky

Filed Date: Sept. 30, 1999

Closed Date: Feb. 12, 2001

Clearinghouse coding complete

Case Summary

In September 1999, the EEOC's Indianapolis office filed this action in the U.S. District Court for the Eastern District of Kentucky against GTE South Incorporated. Although the only document available for this summary was the docket, there was a significant amount of discovery done during 2000 and several discovery disputes towards the end of 2000. The defendant moved for summary judgment in August 2000 but was denied in November of that same year. The parties had proposed jury instruction in December 2000 but eventually moved to dismiss the action because they had reached a settlement agreement in February 2001.

Summary Authors

Tony Friedman (7/28/2007)

Documents in the Clearinghouse

Document

5:99-cv-00383

Docket (PACER)

EEOC v. GTE South Inc

Aug. 14, 2001

Aug. 14, 2001

Docket

Resources

Docket

Last updated Jan. 31, 2024, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT ( 1 summons(es) issued) with copy (SKV) (Entered: 10/01/1999)

Sept. 30, 1999

Sept. 30, 1999

2

RETURN OF SERVICE executed upon defendant GTE South Inc on 10/12/99 by certified mail to CT Corporation (SKV) (Entered: 10/21/1999)

Oct. 21, 1999

Oct. 21, 1999

3

AGREED ORDER by Judge Karl S. Forester Deft shall have until 11/9/99 to answer or respond to complaint (cc: all counsel) [EOD Date: 11/1/99] (DC) (Entered: 11/01/1999)

Nov. 1, 1999

Nov. 1, 1999

4

ANSWER by defendant GTE South Inc to COMPLAINT [1-1] (SKV) (Entered: 11/09/1999)

Nov. 9, 1999

Nov. 9, 1999

6

DISCLOSURE PURSUANT TO RULE 26(a)(1) by defendant GTE South Inc (DC) (Entered: 12/15/1999)

Dec. 15, 1999

Dec. 15, 1999

7

JOINT REPORT OF PARTIES' PLANNING MEETING (SKV) (Entered: 12/16/1999)

Dec. 16, 1999

Dec. 16, 1999

8

SCHEDULING ORDER by Judge Karl S. Forester: 1) DISCLOSE experts by 4/16/00; rebuttal expert 30 days later; 2) discovery ddl 7/16/00; motions to amd filing ddl 7/16/00; 3) dispositive motion ddl 8/16/00; 4) pretrial filings due 11/6/00; 5) PRE-MARK exhibits 11/6/00; 5) CONDUCT jury instruction conf by 11/6/00; 7) conduct good faith settlement conf by 11/13/00; 8) FILE obj to exhibits or use of depos by 11/13/00; 9) PRETRIAL CONFERENCE assigned Mon., 11/20/00 @ 9:00 AM; 10) at PTC file AGREED proposed jury instructions; 11) TWO working days prior to trial, SUBMIT copy of each exh to chambers; 12) ASSSIGNED for JURY TRIAL on Tues., 1/2/01 @ 9:00 AM; 13) DISCOVERY DISPUTES referred to Mag Judge James B. Todd (cc: all counsel) [EOD Date: 12/17/99] (SKV) (Entered: 12/17/1999)

Dec. 17, 1999

Dec. 17, 1999

9

ANSWERS by pla EEOC to dft's first set of interrogatories (SKV) (Entered: 03/29/2000)

March 29, 2000

March 29, 2000

10

VOLUNTARY INITIAL DISCLOSURES by plaintiff EEOC (SKV) (Entered: 03/29/2000)

March 29, 2000

March 29, 2000

11

RESPONSES TO REQUEST for production of documents by plaintiff EEOC (SKV) (Entered: 03/29/2000)

March 29, 2000

March 29, 2000

12

NOTICE by defendant GTE South Inc of taking deposition of William Lowery on 5/24/00 @ 10:00 AM (SKV) (Entered: 05/16/2000)

May 15, 2000

May 15, 2000

13

DEPOSITION of WILLIAM R. LOWERY taken on the following date(s): 5/24/00 @ 10:10 a.m. by: defts (SEP. VOL.) (DC) (Entered: 06/09/2000)

June 8, 2000

June 8, 2000

14

NOTICE OF SUBPOENA DUCES TECUM by dft GTE South Inc of taking deposition of Paul Jeckering on 7/6/00 @ 10:00 AM if documents are not produced by 7/5/00 (SKV) (Entered: 06/22/2000)

June 21, 2000

June 21, 2000

15

NOTICE OF SUBPOENA DUCES TECUM by dft GTE South Inc of taking deposition of AT&T Custodian of Records on 7/7/00 @ 2:00 PM if records are not produced by 7/6/00 (SKV) (Entered: 06/22/2000)

June 21, 2000

June 21, 2000

16

NOTICE OF SUBPOENA DUCES TECUM by dft GTE South Inc of taking deposition of Robert G. Chatham on 6/29/00 @ 3:00 PM if records are not produced by 6/28/00 (SKV) (Entered: 06/22/2000)

June 21, 2000

June 21, 2000

17

NOTICE OF SUBPOENA DUCES TECUM by dft GTE South Inc of taking deposition of Brenda Vance on 6/29/00 @ 9:00 AM if records are not produced by 6/28/00 (SKV) (Entered: 06/22/2000)

June 21, 2000

June 21, 2000

18

NOTICE OF SUBPOENA DUCES TECUM by dft GTE South of taking deposition of Tami Hill on 7/13/00 @ 1:30 PM if records not produced by 7/10/00 (SKV) (Entered: 06/22/2000)

June 21, 2000

June 21, 2000

19

DEPOSITION of RONALD EUGENE PORTER taken on the following date(s): 6/6/00 @ 2:15 PM by: Pla (SEP. VOL.) (SKV) (Entered: 06/22/2000)

June 22, 2000

June 22, 2000

20

RETURN OF SERVICE by defendant GTE South Inc of DEPOSITION SUBPOENA issued on Paul Jeckering, Wal-Mart to appear on 7/6/00 @ 10:00 a.m. & produce records showing personal service on 6/23/00 (DC) (Entered: 06/26/2000)

June 26, 2000

June 26, 2000

21

RETURN OF SERVICE by defendant GTE South Inc of DEPOSITION SUBPOENA issued on AT&T Custodian of Records to produce records on 7/7/00 @ 2:00 p.m. showing personal service on 6/26/00 (DC) (Entered: 06/28/2000)

June 28, 2000

June 28, 2000

22

RE-NOTICE OF SUBPOENA DUCES TECUM by defendant GTE South Inc of taking deposition of BRENDA VANCE on 7/12/00 @ 9:00 a.m. (DC) (Entered: 06/29/2000)

June 28, 2000

June 28, 2000

23

NOTICE OF SUBPOENA DUCES TECUM by defendant GTE South Inc of taking deposition of KEVAN JACKSON on 6/12/00 @ 2:00 p.m. (DC) (Entered: 06/29/2000)

June 29, 2000

June 29, 2000

24

RETURN OF SERVICE by dft GTE South Inc of Robrt G. Chatham to produce documents 6/29/00 @ 3:00 p.m. (SKV) (Entered: 07/06/2000)

June 29, 2000

June 29, 2000

25

RETURN OF SERVICE by dft GTE South Inc of SUBPOENA to Brenda Vance to produce documents on 7/12/00 @ 9:00 AM (SKV) (Entered: 07/06/2000)

June 30, 2000

June 30, 2000

26

RETURN OF SERVICE by dft GTE South Inc of SUBPOENA to Kevan Jackson to produce documents on 7/12/00 @ 2:00 PM (SKV) (Entered: 07/06/2000)

July 3, 2000

July 3, 2000

27

RETURN OF SERVICE by dft GTE South Inc of SUBPOENA to Tami Hill to produce documents on 7/13/00 @ 1:30 PM (SKV) (Entered: 07/06/2000)

July 3, 2000

July 3, 2000

28

NOTICE by dft GTE South Inc of taking deposition of Kevan Jackson on 7/12/00 @ 2:00 PM (SKV) (Entered: 07/06/2000)

July 5, 2000

July 5, 2000

29

NOTICE by dft GTE South Inc of taking deposition of William Lowery on 7/14/00 @ 2:00 PM (SKV) (Entered: 07/17/2000)

July 13, 2000

July 13, 2000

30

WITHDRAWAL OF APPEARANCE by attorney Michelle E. Smith for EEOC (SKV) (Entered: 07/17/2000)

July 17, 2000

July 17, 2000

31

DEPOSITION of JEFFREY L. WILSON taken on the following date(s): 6/7/00 @ 2:40 PM by: Pla. (SEP. VOL.) (SKV) (Entered: 07/18/2000)

July 18, 2000

July 18, 2000

32

DEPOSITION of JAMES C. PAINTER, SR. taken on the following date(s): 7/7/00 @ 10:50 AM by: Pla (SEP. VOL.) (SKV) (Entered: 07/18/2000)

July 18, 2000

July 18, 2000

33

DEPOSITION of WILLIAM LOWERY taken on the following date(s): 7/14/00 2:20 PM by: Dft. (SEP. VOL.) (SKV) (Entered: 07/26/2000)

July 25, 2000

July 25, 2000

34

DEPOSITION of JOSEPH MEDICIS taken on the following date(s): 6/26/00 @ 11:55 AM by: Pla (SEP. VOL.) (SKV) (Entered: 08/15/2000)

Aug. 15, 2000

Aug. 15, 2000

36

DEPOSITION of LINDA FISHER taken on the following date(s): 6/15/00 @ 3:10 PM by: Pla (SEP. VOL.) (SKV) (Entered: 08/15/2000)

Aug. 15, 2000

Aug. 15, 2000

37

DEPOSITION of KEVAN JACKSON taken by Dft 7/12/00 (SEP. VOL.) (SKV) (Entered: 08/16/2000)

Aug. 16, 2000

Aug. 16, 2000

38

MOTION by dft GTE South Inc for summary judgment and dismissal of claims w/ memo (SKV) (Entered: 08/16/2000)

Aug. 16, 2000

Aug. 16, 2000

39

MOTION by pla EEOC to extend time to respond to dft motion for summary judgment & dismissal of claims (SKV) (Entered: 08/29/2000)

Aug. 28, 2000

Aug. 28, 2000

40

ORDER by Judge Karl S. Forester: upon motion to extend time to respond to dft motion for summary judgment & dismissal of claims [39-1] pla has to 9/20/00 (cc: all counsel) [EOD Date: 9/1/00] (SKV) (Entered: 09/01/2000)

Sept. 1, 2000

Sept. 1, 2000

41

STATEMENT OF POINTS & AUTHORITIES w/ RESPONSE by plaintiff EEOC to GTE's motion for summary judgment & dismissal of claims [38-1] (SKV) (Entered: 09/21/2000)

Sept. 20, 2000

Sept. 20, 2000

42

JOINT STIPULATION dft has to 10/9/00 to file reply (SKV) (Entered: 09/28/2000)

Sept. 28, 2000

Sept. 28, 2000

43

NOTICE OF SUPPLEMENTATION by plaintiff EEOC to plaintiff's memorandum of law in response to GTE's motion for summary judgment (SKV) (Entered: 10/02/2000)

Oct. 2, 2000

Oct. 2, 2000

44

REPLY by dft GTE South Inc in support of motion for summary judgment and dismissal of claims [38-1] (SKV) (Entered: 10/10/2000)

Oct. 10, 2000

Oct. 10, 2000

45

MOTION by plaintiff EEOC for oral argument on Motion for Summary Judgment (SKV) (Entered: 10/18/2000)

Oct. 18, 2000

Oct. 18, 2000

46

RESPONSE by dft GTE South Inc to motion for oral argument on Motion for Summary Judgment [45-1] (SKV) (Entered: 10/24/2000)

Oct. 23, 2000

Oct. 23, 2000

47

NOTICE OF SUPPLEMENTATION & REPLY by plaintiff EEOC to GTE's response to motion for oral argument on Motion for Summary Judgment [45-1] (SKV) (Entered: 10/27/2000)

Oct. 27, 2000

Oct. 27, 2000

48

PRETRIAL MEMORANDUM by plaintiff EEOC (SKV) (Entered: 11/06/2000)

Nov. 6, 2000

Nov. 6, 2000

49

WITNESS & EXHIBIT list submitted by plaintiff EEOC (SKV) (Entered: 11/06/2000)

Nov. 6, 2000

Nov. 6, 2000

50

PRETRIAL COMPLIANCE by dft GTE South Inc w/ witness & exhibit list (SKV) (Entered: 11/06/2000)

Nov. 6, 2000

Nov. 6, 2000

51

OPINION AND ORDER by Judge Karl S. Forester denying motion for summary judgment and dismissal of claims [38-1] denying motion for oral argument on Motion for Summary Judgment [45-1] (cc: all counsel) [EOD Date: 11/9/00] (DC) (Entered: 11/09/2000)

Nov. 9, 2000

Nov. 9, 2000

53

MOTION by dft GTE South Inc in limine to preclude pla from eliciting testimony re: statement made by Jim Painter at meeting in March 1998 (SKV) (Entered: 11/13/2000)

Nov. 13, 2000

Nov. 13, 2000

54

ORDER by Judge Karl S. Forester granting motion for amendment of Scheduling Order [52-1]; deadline for premarking trial exhibits and providing copies to opposing counsel and filing objections, and responses to same and to the use of depositions or to the amissibility of exhibits shall be established at the PTC (cc: all counsel) [EOD Date: 11/14/00] (DC) (Entered: 11/14/2000)

Nov. 14, 2000

Nov. 14, 2000

55

ORDER by Judge Karl S. Forester: PRETRIAL CONFERENCE HELD 11/20/00; Cindy Hutchinson; 1) dft motion in limine to preclude pla from eliciting testimony re: statement made by Jim Painter at meeting in March 1998 [53-1] DENIED; 2) parties attempt to agree on jury instruction & shall file proposed instructions by 12/27/00; 3) parties shall premark & exchange copies of trial exhibits & shall file obj by 12/27/00 (cc: counsel) [EOD Date: 11/20/00] (SKV) (Entered: 11/20/2000)

Nov. 20, 2000

Nov. 20, 2000

56

MOTION by defendant GTE South Inc for reinstatement in the event of a finding of liability (DC) (Entered: 12/22/2000)

Dec. 21, 2000

Dec. 21, 2000

57

ORDER by Judge Karl S. Forester setting hearing on motion for reinstatement in the event of a finding of liability [56-1] 2:00 12/26/00 in Courtroom A (cc: all counsel) [EOD Date: 12/22/00] (DC) (Entered: 12/22/2000)

Dec. 22, 2000

Dec. 22, 2000

------------------------------------------------------ V O L U M E T W O ------------------------------------------------------ (SKV) (Entered: 12/27/2000)

Dec. 22, 2000

Dec. 22, 2000

58

NOTICE OF ENTRY OF ATTORNEY APPEARANCE for plaintiff EEOC by Jamie Darin Prenkert (SKV) (Entered: 12/27/2000)

Dec. 26, 2000

Dec. 26, 2000

59

NOTICE by plaintiff EEOC of SUBMISSION of plaintiff's trial exhibits (SKV) (Entered: 12/27/2000)

Dec. 26, 2000

Dec. 26, 2000

60

OBJECTIONS by plaintiff EEOC to GTE's proposed trial exhibits (SKV) (Entered: 12/27/2000)

Dec. 26, 2000

Dec. 26, 2000

61

RESPONSE by plaintiff EEOC to GTE's motion for instatement in the event of a finding of liability [56-1] (SKV) (Entered: 12/27/2000)

Dec. 26, 2000

Dec. 26, 2000

62

PROPOSED JURY INSTRUCTIONS submitted by plaintiff EEOC on the substantive law of the case (SKV) (Entered: 12/27/2000)

Dec. 26, 2000

Dec. 26, 2000

63

ORDER by Judge Karl S. Forester: HEARING HELD 12/26/00 on motion for Hearing on Motion of dft for instatement in event of finding of liability; 1) Court RESERVES RULING on motion of dft GTE for reinstatement in the event of a finding of liability [56-1]; 2) matter ASSIGNED for hearing on obj to exhibits on FRIDAY, DECEMBER 29, 2000 @ 11:00 AM (cc: all counsel) [EOD Date: 12/27/00] (SKV) (Entered: 12/27/2000)

Dec. 27, 2000

Dec. 27, 2000

64

OBJECTIONS by dft GTE South Inc to plaintiff's proposed exhibits (SKV) (Entered: 12/28/2000)

Dec. 27, 2000

Dec. 27, 2000

66

PROPOSED JURY INSTRUCTIONS by dft GTE South Inc on damages (SKV) (Entered: 12/28/2000)

Dec. 27, 2000

Dec. 27, 2000

67

MOTION by plaintiff EEOC to enforce agreement regarding certain stipulation of facts, or in the alternative, request for a telephonic deposition (SKV) (Entered: 12/28/2000)

Dec. 28, 2000

Dec. 28, 2000

68

RESPONSE by dft GTE South Inc to plaintiff's objections to GTE's Proposed Trial Exhibits (SKV) (Entered: 12/28/2000)

Dec. 28, 2000

Dec. 28, 2000

69

ORDER by Judge Karl S. Forester: HEARING HELD 12/29/00; Cindy Hutchinson, Court Reporter; matter passed pending submission of Agreed Order of Settlement (cc: all counsel) [EOD Date: 12/29/00] (SKV) (Entered: 12/29/2000)

Dec. 29, 2000

Dec. 29, 2000

70

JOINT MOTION for dismissal w/ Agreed Order (SKV) (Entered: 02/09/2001)

Feb. 8, 2001

Feb. 8, 2001

71

ORDER by Chief Judge Karl S. Forester: pla complaint dismissed with prejduice as settled, each party bear its own costs & Atty fees; express condition of Order that Court retain jurisdiction to adjudicate claim that either party breached any provision of Settlement Agreement (cc: all counsel) [EOD Date: 2/12/01] (SKV) (Entered: 02/12/2001)

Feb. 12, 2001

Feb. 12, 2001

72

NOTICE OF DEPOSITION DESTRUCTION (SKV) (Entered: 07/27/2001)

July 27, 2001

July 27, 2001

73

DEPOSITION DESTRUCTION CERTIFICATE (SKV) (Entered: 08/16/2001)

Aug. 14, 2001

Aug. 14, 2001

Case Details

State / Territory: Kentucky

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 30, 1999

Closing Date: Feb. 12, 2001

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

GTE South Incorporated, Private Entity/Person

Case Details

Causes of Action:

Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Issues

Discrimination-area:

Disparate Treatment

EEOC-centric:

Direct Suit on Merits