Case: EEOC v. Health Food Associates, Inc.

5:05-cv-01058 | U.S. District Court for the Western District of Oklahoma

Filed Date: Sept. 12, 2005

Closed Date: Feb. 8, 2007

Clearinghouse coding complete

Case Summary

The Oklahoma City office of the EEOC brought this action in the U.S. District Court for the Western District of Oklahoma, against Health Food Associates, Inc. The complaint, filed in September 2005, alleged disability discrimination in violation of the Americans with Disabilities Act of 1990; specifically that Defendant refused to hire the charging party because she was disabled and failed to reasonably accommodate her. Both Defendant and the EEOC moved for summary judgment in August 2006 and in October 2006 the EEOC's motion was denied and Defendant's motion was granted. The EEOC appealed in December 2006 but in February 2007 the parties dismissed the appeal by stipulation.

Summary Authors

Shankar Viswanathan (8/1/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4698672/parties/equal-employment-opportunity-commission-v-health-food-associates-inc/


Judge(s)
Attorney for Plaintiff

Anderson, Suzanne M. (Texas)

Canino, Robert Anthony (Texas)

Dreiband, Eric S. (District of Columbia)

Lee, James L. (District of Columbia)

Reams, Gwendolyn Young (District of Columbia)

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Documents in the Clearinghouse

Document

07-06017

Docket [PACER - 10th Cir.)

Equal Employment v. Health Foods

U.S. Court of Appeals for the Tenth Circuit

Feb. 8, 2007

Feb. 8, 2007

Docket

5:05-cv-01058

06-06354

Docket [PACER - 10th Cir.]

U.S. Court of Appeals for the Tenth Circuit

Feb. 8, 2007

Feb. 8, 2007

Docket

5:05-cv-01058

Docket [PACER]

Feb. 12, 2007

Feb. 12, 2007

Docket
1

5:05-cv-01058

Complaint

Sept. 12, 2005

Sept. 12, 2005

Complaint
84

5:05-cv-01058

Order [Granting Dft's Motion for S/J]

Oct. 4, 2006

Oct. 4, 2006

Order/Opinion

2006 WL 2006

105

5:05-cv-01058

06-06354

07-06017

Order [Dismissing Appeals]

U.S. Court of Appeals for the Tenth Circuit

Feb. 8, 2007

Feb. 8, 2007

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4698672/equal-employment-opportunity-commission-v-health-food-associates-inc/

Last updated Feb. 7, 2024, 3:21 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Health Food Associates Inc, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(fp, ) (Entered: 09/12/2005)

Sept. 12, 2005

Sept. 12, 2005

2

ENTRY of Appearance by Michelle M Robertson on behalf of Equal Employment Opportunity Commission (fp, ) (Entered: 09/12/2005)

Sept. 12, 2005

Sept. 12, 2005

3

PRAECIPE for 1 Summons by Equal Employment Opportunity Commission., Summons Issued as to Health Food Associates Inc. (fp, ) (Entered: 09/12/2005)

Sept. 12, 2005

Sept. 12, 2005

4

GENERAL ORDER 04-02 (April 15, 2004) Mandatory Electronic Case Filing. Signed by Judge Joe Heaton on 4/15/04. (fp, ) (Entered: 09/12/2005)

Sept. 12, 2005

Sept. 12, 2005

5

SUMMONS Returned Executed by Equal Employment Opportunity Commission. Health Food Associates Inc served on 9/16/2005, answer due 10/6/2005. (Robertson, Michelle) (Entered: 09/26/2005)

Sept. 26, 2005

Sept. 26, 2005

6

ANSWER to Complaint by Health Food Associates Inc.(Hickey, John) (Entered: 10/06/2005)

Oct. 6, 2005

Oct. 6, 2005

7

ENTRY of Appearance by John M Hickey on behalf of Health Food Associates Inc (Hickey, John) (Entered: 10/06/2005)

Oct. 6, 2005

Oct. 6, 2005

8

ORDER FOR STATUS CONFERENCE Status Conference set for 11/29/2005 10:30 AM in Chambers before Honorable Joe Heaton. Joint Status Report and Discovery Plan due 11/21/05. Signed by Judge Joe Heaton on 10/13/05. (jw, ) (Entered: 10/13/2005)

Oct. 13, 2005

Oct. 13, 2005

10

JOINT STATUS REPORT AND DISCOVERY PLAN by Plaintiff Equal Employment Opportunity Commission. (Robertson, Michelle) (Entered: 11/21/2005)

Nov. 21, 2005

Nov. 21, 2005

11

ENTRY of Appearance by Paul D Kingsolver on behalf of Health Food Associates Inc (Kingsolver, Paul) (Entered: 11/28/2005)

Nov. 28, 2005

Nov. 28, 2005

12

SCHEDULING ORDER: Motions to join due 30 days from today; Motions to amend due 30 days from today; Pla witness list due 7/1/06, dft 10 days thereafter; Pla exhibit list due 7/1/06, dft 10 days thereafter; Pltf to file final lists of expert witnesses and reports by 6/15/06, dft to file lists of expert witnesses and reports by 7/1/06 Motions in limine due 10/15/06; Jury instructions due 10/15/06; Voir dire requests due 10/16/05; Discovery due by 8/1/2006. Jury Trial set for docket commencing 11/6/2006 09:00 AM in Courtroom #304 before Honorable Joe Heaton. Motions due by 8/15/2006. Pretrial Report due by 10/15/2006. As more fully set out. Signed by Judge Joe Heaton on 11/29/05. (jw, ) (Entered: 11/29/2005)

Nov. 29, 2005

Nov. 29, 2005

13

ENTRY of Appearance by Barbara A Seely on behalf of Equal Employment Opportunity Commission (Seely, Barbara) (Entered: 02/16/2006)

Feb. 16, 2006

Feb. 16, 2006

14

ENTRY of Appearance by Robert G Johnson on behalf of Equal Employment Opportunity Commission (Johnson, Robert) (Entered: 02/24/2006)

Feb. 24, 2006

Feb. 24, 2006

15

NOTICE of Change of Address by Michelle M Robertson (Robertson, Michelle) (Entered: 05/16/2006)

May 16, 2006

May 16, 2006

16

JOINT MOTION for Protective Order by Health Food Associates Inc. (Kingsolver, Paul) (Entered: 06/14/2006)

June 14, 2006

June 14, 2006

17

UNOPPOSED MOTION for Extension of Time to file Expert Report and Permission to file Report Under Seal by Equal Employment Opportunity Commission. (Robertson, Michelle) (Entered: 06/14/2006)

June 14, 2006

June 14, 2006

18

ORDER granting 17 Motion for Extension of Time.EEOC shall file the report on or before June 26, 2006, and will be permited to file it under seal . Signed by Judge Joe Heaton on 6/19/06. (jw, ) (Entered: 06/19/2006)

June 19, 2006

June 19, 2006

19

ORDER granting 16 Motion for Protective Order, as more fully set out . Signed by Judge Joe Heaton on 6/19/06. (jw, ) (Entered: 06/19/2006)

June 19, 2006

June 19, 2006

20

Witness List for Expert Witness by Plaintiff Equal Employment Opportunity Commission. (Robertson, Michelle) (Entered: 06/26/2006)

June 26, 2006

June 26, 2006

21

NOTICE of Conventional Filing of Expert Report by Michelle M Robertson on behalf of Equal Employment Opportunity Commission (Robertson, Michelle) (Entered: 06/26/2006)

June 26, 2006

June 26, 2006

22

Witness List for Expert Witness - Amended by Plaintiff Equal Employment Opportunity Commission. (Robertson, Michelle) (Entered: 06/26/2006)

June 26, 2006

June 26, 2006

24

UNOPPOSED MOTION for Extension of Time to file expert witness list and reports by Health Food Associates Inc. (Kingsolver, Paul) (Entered: 06/27/2006)

June 27, 2006

June 27, 2006

25

ORDER granting 24 Motion for Extension of Time to File Expert Witness List and Report Deadline. Defendant shall have up to and including July 14, 2006, to file its expert witness list and reports. Signed by Judge Joe Heaton on 6/27/06. (jw, ) (Entered: 06/27/2006)

June 27, 2006

June 27, 2006

26

Exhibit List / Witness List by Plaintiff Equal Employment Opportunity Commission. (Robertson, Michelle) (Entered: 07/03/2006)

July 3, 2006

July 3, 2006

27

Exhibit List / Witness List by Defendant Health Food Associates Inc. (Kingsolver, Paul) (Entered: 07/11/2006)

July 11, 2006

July 11, 2006

28

Exhibit List / Witness List Expert Witness List by Defendant Health Food Associates Inc. (Kingsolver, Paul) (Entered: 07/14/2006)

July 14, 2006

July 14, 2006

29

NOTICE by Health Food Associates Inc of Filing of Defendant Expert Report (Attachments: # 1 Attachment Defendants Expert Report)(Kingsolver, Paul) (Entered: 07/14/2006)

July 14, 2006

July 14, 2006

30

DISCLOSURE STATEMENT - CORPORATE by Health Food Associates Inc. (Kingsolver, Paul) (Entered: 07/19/2006)

July 19, 2006

July 19, 2006

31

UNOPPOSED MOTION for Extension of Time of Motion Deadline for Three Days by Health Food Associates Inc. (Kingsolver, Paul) (Entered: 08/14/2006)

Aug. 14, 2006

Aug. 14, 2006

32

MOTION to Exclude Defendant's Expert Witness by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1- Garbacz Deposition# 2 Exhibit 2 - Blalack Deposition# 3 Exhibit 2a- Affidavit of Carbajal# 4 Exhibit 3 - Defendant's Expert's Report# 5 Exhibit 4- Villareal Deposition# 6 Exhibit 5 - Notes of Blalack)(Robertson, Michelle) (Entered: 08/15/2006)

Aug. 15, 2006

Aug. 15, 2006

33

ORDER granting 31 Motion to Extend Motion Deadline, the parties shall have up to and including August 18, 2006, to file dispositive and Daubert motions with the court . Signed by Judge Joe Heaton on 8/15/06. (jw, ) (Entered: 08/15/2006)

Aug. 15, 2006

Aug. 15, 2006

34

UNOPPOSED MOTION for Leave to file Exhibits under Seal by Equal Employment Opportunity Commission. (Robertson, Michelle) (Entered: 08/15/2006)

Aug. 15, 2006

Aug. 15, 2006

35

ORDER granting 34 Motion for Leave to File Exhibits Under Seal, as more fully set out. Signed by Judge Joe Heaton on 8/16/06. (jw, ) (Entered: 08/16/2006)

Aug. 16, 2006

Aug. 16, 2006

36

NOTICE of Conventional Filing of Exhibit Six to EEOC's Motion to Strike Expert Witness by Michelle M Robertson on behalf of Equal Employment Opportunity Commission (Robertson, Michelle) (Entered: 08/16/2006)

Aug. 16, 2006

Aug. 16, 2006

37

SEALED DOCUMENT - Exhibit Six to EEOC's Motion to Strike Defendant's Expert Witness by Plaintiff Equal Employment Opportunity Commission. (pw, ) (Entered: 08/16/2006)

Aug. 16, 2006

Aug. 16, 2006

39

MOTION for Summary Judgment by Health Food Associates Inc. (Attachments: # 1 Exhibit 1 - Mark Parette Deposition# 2 Exhibit 2 - Joe Garbacz Deposition# 3 Exhibit 3 - Cherry Dienz Deposition# 4 Exhibit 4 - Amanda McCollum Deposition# 5 Exhibit 5 - Shannon Caldwell Deposition# 6 Exhibit 6 - Jeff Shackelford Deposition# 7 Exhibit 7 - Villareal Expert Witness Report# 8 Exhibit 9 - Andria Talbert Deposition)(Hickey, John) (Entered: 08/18/2006)

Aug. 18, 2006

Aug. 18, 2006

40

NOTICE of Conventional Filing (Defendant's Motion for Summary Judgment, and Brief in Support) by John M Hickey on behalf of Health Food Associates Inc (Hickey, John) (Entered: 08/18/2006)

Aug. 18, 2006

Aug. 18, 2006

41

UNOPPOSED MOTION to Seal Document 39 MOTION for Summary Judgment Exhibit 8 and portions of Motion for Summary Judgment by Health Food Associates Inc. (Hickey, John) (Entered: 08/21/2006)

Aug. 21, 2006

Aug. 21, 2006

42

ORDER granting 41 Motion to Seal Document, a copy of the motion without Exhibit 8 attached and with references to the exhibit redacted shall be filed in the public file . Signed by Judge Joe Heaton on 8/21/06. (jw, ) (Entered: 08/21/2006)

Aug. 21, 2006

Aug. 21, 2006

43

UNOPPOSED MOTION for Extension of Time to File Response/Reply as to 39 MOTION for Summary Judgment by Equal Employment Opportunity Commission. (Robertson, Michelle) (Entered: 08/31/2006)

Aug. 31, 2006

Aug. 31, 2006

44

UNOPPOSED MOTION for Leave to File Oversized Brief by Equal Employment Opportunity Commission. (Robertson, Michelle) (Entered: 08/31/2006)

Aug. 31, 2006

Aug. 31, 2006

45

ORDER granting 44 Motion for Leave to File Oversized Brief In Response to Defendant's Motion For Summary Judgment, not to exceed 35 pages . Signed by Judge Joe Heaton on 9/1/06. (jw, ) (Entered: 09/01/2006)

Sept. 1, 2006

Sept. 1, 2006

46

ORDER granting 43 Motion for Extension of Time to File Response/Reply re 38 MOTION for Summary Judgment, 39 MOTION for Summary Judgment Responses due by 9/8/2006. Signed by Judge Joe Heaton on 9/1/06. (jw, ) (Entered: 09/01/2006)

Sept. 1, 2006

Sept. 1, 2006

47

UNOPPOSED MOTION for Extension of Time to File Response/Reply by Health Food Associates Inc. (Kingsolver, Paul) (Entered: 09/05/2006)

Sept. 5, 2006

Sept. 5, 2006

48

ORDER granting 47 Defendants Motion for Extension of Time to File Response/Reply re 38 MOTION for Partial Summary Judgment Responses due by 9/7/2006. Signed by Judge Joe Heaton on 9/5/06. (jw, ) (Entered: 09/05/2006)

Sept. 5, 2006

Sept. 5, 2006

49

RESPONSE in Opposition re 32 MOTION to Exclude Defendant's Expert Witness filed by Health Food Associates Inc. (Attachments: # 1 Exhibit 1 - Deposition Transcript (Myers v Glenpool Health Svcs)# 2 Exhibit 2 - Villareal Expert Witness Report# 3 Exhibit 3 - Affidavit of Morey J. Villareal)(Hickey, John) (Entered: 09/05/2006)

Sept. 5, 2006

Sept. 5, 2006

50

RESPONSE in Opposition re 38 MOTION for Summary Judgment of EEOC filed by Health Food Associates Inc. (Attachments: # 1 Exhibit 1 - (OMITTED)# 2 Exhibit 2 - Oct 6, 2004 ltr from Barber & Bartz to EEOC# 3 Exhibit 3 - October 7, 2004 E-mail from EEOC# 4 Exhibit 4 - October 21, 2004 ltr from EEOC to Barber & Bartz)(Hickey, John) (Entered: 09/07/2006)

Sept. 7, 2006

Sept. 7, 2006

51

MOTION to Seal Document 50 Response in Opposition to Motion, by Health Food Associates Inc. (Hickey, John) (Entered: 09/07/2006)

Sept. 7, 2006

Sept. 7, 2006

52

RESPONSE in Opposition re 39 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1-Application for Employment# 2 Exhibit 2- Filed Under Seal# 3 Exhibit 3- Stocking Commandments# 4 Exhibit 4-Affidavits# 5 Exhibit 5- Caldwell Deposition# 6 Exhibit 6- Parette Deposition# 7 Exhibit 7-Filed Under Seal# 8 Exhibit 8-Dienz Affidavit# 9 Exhibit 9-Blalock Deposition# 10 Exhibit 10-Garbacz Deposition# 11 Exhibit 11-Dienz Deposition# 12 Exhibit 12-Villareal Deposition# 13 Exhibit 13-Notes of Blalock# 14 Exhibit 14-Nusz Notes# 15 Exhibit 15-Nusz Affidavit# 16 Exhibit 16-Bratcher# 17 Exhibit 17-Akins Stores# 18 Exhibit 18-Merck Manual# 19 Exhibit 19-Plaintiff's Admissions# 20 Exhibit 20-Academic Record# 21 Exhibit 21-Milestone 1 Prog# 22 Exhibit 22-Gold Ages Job Rating# 23 Exhibit 23-Situational Assess# 24 Exhibit 24-Milestone 1 Determination# 25 Exhibit 25-Milestone 1 Progress Rpt# 26 Exhibit 26-Bridges to Work Cert# 27 Exhibit 27-Carbajal Affidavit# 28 Exhibit 28-RFI# 29 Exhibit 29-Under Seal# 30 Exhibit 30-EEOC Q&A)(Robertson, Michelle) (Entered: 09/08/2006)

Sept. 8, 2006

Sept. 8, 2006

53

NOTICE of Conventional Filing Exhibits Under Seal by Michelle M Robertson on behalf of Equal Employment Opportunity Commission (Robertson, Michelle) (Entered: 09/08/2006)

Sept. 8, 2006

Sept. 8, 2006

54

SEALED DOCUMENT: Exhibits 2, 7, & 29 to Response and Objection to Dft's Motion for Summary Judgment 52 Notice of Conventional Filing 53 by Equal Employment Opportunity Commission. (nm, ) (Entered: 09/08/2006)

Sept. 8, 2006

Sept. 8, 2006

55

ORDER for Response re 51 MOTION to Seal Document 50 Response in Opposition to Motion, filed by Health Food Associates Inc, The plaitiff is directed to respond to the motion by Friday, September 15, 2006. Signed by Judge Joe Heaton on 9/11/06. (jw, ) (Entered: 09/11/2006)

Sept. 11, 2006

Sept. 11, 2006

56

UNOPPOSED MOTION for Leave to File Reply to Plaintiff's Response and Objection to Defendant's Motion for Summary Judgment by Health Food Associates Inc. (Hickey, John) (Entered: 09/12/2006)

Sept. 12, 2006

Sept. 12, 2006

57

RESPONSE to Motion re 51 MOTION to Seal Document 50 Response in Opposition to Motion, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1- KS caselaw# 2 Exhibit 2- Defendant's Answer)(Robertson, Michelle) (Entered: 09/12/2006)

Sept. 12, 2006

Sept. 12, 2006

58

UNOPPOSED MOTION for Leave to File Reply to Defendant's Response to EEOC's Motion for Partial Summary Judgment by Equal Employment Opportunity Commission. (Robertson, Michelle) (Entered: 09/12/2006)

Sept. 12, 2006

Sept. 12, 2006

60

ORDER granting 56 Motion for Leave to File Reply. Defendant has until Monday, September 18, 2006, in which to file its reply . Signed by Judge Joe Heaton on 9/13/06. (jw, ) (Entered: 09/13/2006)

Sept. 13, 2006

Sept. 13, 2006

61

ORDER granting 58 Motion for Leave to File Reply, EEOC shall file its reply on or before Monday, September 18, 2006 . Signed by Judge Joe Heaton on 9/13/06. (jw, ) (Entered: 09/13/2006)

Sept. 13, 2006

Sept. 13, 2006

62

ORDER SETTING SETTLEMENT CONFERENCE Settlement Conference set for 10/18/2006 09:00 AM in Chambers before Magistrate Judge Bana Roberts. Statements are due by noon on 10/13/2006. Signed by Judge Bana Roberts on 9/14/2006. (bc, ) (Entered: 09/14/2006)

Sept. 14, 2006

Sept. 14, 2006

63

REPLY to Response to Motion re 38 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (Robertson, Michelle) (Entered: 09/18/2006)

Sept. 18, 2006

Sept. 18, 2006

64

REPLY to Response to Motion re 39 MOTION for Summary Judgment filed by Health Food Associates Inc. (Attachments: # 1 Exhibit 1 - Omitted (requested to be filed under seal)# 2 Exhibit 2 - Omitted (requested to be filed under seal)# 3 Exhibit 3 - Omitted (requested to be filed under seal)# 4 Exhibit 4 - Omitted (requested to be filed under seal)# 5 Exhibit 5 - Mark Parette Deposition# 6 Exhibit 6 - Shannon Caldwell Deposition# 7 Exhibit 7 - Cherry Dienz Deposition# 8 Exhibit 8 - Sandee Bratcher Deposition# 9 Exhibit 9 - John Blalock Deposition)(Hickey, John) (Entered: 09/18/2006)

Sept. 18, 2006

Sept. 18, 2006

65

UNOPPOSED MOTION to Seal Document 64 Reply to Response to Motion,, Exhibits 1 through 4 by Health Food Associates Inc. (Hickey, John) (Entered: 09/18/2006)

Sept. 18, 2006

Sept. 18, 2006

66

ORDER granting 65 Motion to Seal Document 65 UNOPPOSED MOTION to Seal Document 64 Reply to Response to Motion,, Exhibits 1 through 4 . Signed by Judge Joe Heaton on 9/19/06. (jw, ) (Entered: 09/19/2006)

Sept. 19, 2006

Sept. 19, 2006

67

NOTICE of Conventional Filing (Exhibits 1-4 to Defendant's Reply Brief in Support of Motion for Summary Judgment) by John M Hickey on behalf of Health Food Associates Inc (Hickey, John) (Entered: 09/20/2006)

Sept. 20, 2006

Sept. 20, 2006

68

UNOPPOSED MOTION for Leave to file Surreply by Equal Employment Opportunity Commission. (Robertson, Michelle) (Entered: 09/21/2006)

Sept. 21, 2006

Sept. 21, 2006

69

SEALED DOCUMENTS - Exhibits 1 through 4 to Defendant's Reply Brief in Support of Motion for Summary Judgment by Defendant Health Food Associates Inc. (pw, ) (Entered: 09/21/2006)

Sept. 21, 2006

Sept. 21, 2006

70

ORDER granting 68 Motion for Leave to file a surreply to defendant's reply to EEOC's response to defendant's motion for summary judgment. EEOC shall file its reply on or before Monday, September 25, 2006. Signed by Judge Joe Heaton on 9/21/06. (jw, ) (Entered: 09/21/2006)

Sept. 21, 2006

Sept. 21, 2006

72

UNOPPOSED MOTION for Leave to file Exhibit 1 under seal by Equal Employment Opportunity Commission. (Robertson, Michelle) (Entered: 09/25/2006)

Sept. 25, 2006

Sept. 25, 2006

73

ORDER granting 72 Motion for Leave to file exhibit under seal. EEOC is permitted to file under seal its exhibit containing confidential information and referenced in its surreply . Signed by Judge Joe Heaton on 9/26/06. (jw, ) (Entered: 09/26/2006)

Sept. 26, 2006

Sept. 26, 2006

74

NOTICE of Conventional Filing of Sealed Exhibits Associated with EEOC's Surreply by Michelle M Robertson on behalf of Equal Employment Opportunity Commission (Robertson, Michelle) (Entered: 09/26/2006)

Sept. 26, 2006

Sept. 26, 2006

75

SEALED DOCUMENT - Surreply of Plaintiff EEOC to Defendant's Motion for Summary Judgement - Exhibit 1 - by Equal Employment Opportunity Commission. (pw, ) (Entered: 09/26/2006)

Sept. 26, 2006

Sept. 26, 2006

76

DESIGNATION OF DEPOSITION TESTIMONY by Equal Employment Opportunity Commission. (Robertson, Michelle) (Entered: 10/02/2006)

Oct. 2, 2006

Oct. 2, 2006

77

DESIGNATION OF DEPOSITION TESTIMONY by Health Food Associates Inc of Cynthia Barnett . (Attachments: # 1 Exhibit Barnett Transcript (Part 1)# 2 Exhibit - Barnett Transcript (Part 2)# 3 Exhibit - Barnett Transcript (Part 3)# 4 Exhibit - Barnett Transcript (Part 4))(Hickey, John) (Entered: 10/02/2006)

Oct. 2, 2006

Oct. 2, 2006

78

DESIGNATION OF DEPOSITION TESTIMONY by Health Food Associates Inc of Sandee Bratcher . (Attachments: # 1 Exhibit - Bratcher Transcript (Part 1)# 2 Exhibit - Bratcher Transcript (Part 2)# 3 Exhibit - Bratcher Transcript (Part 3)# 4 Exhibit - Bratcher Transcript (Part 4)# 5 Exhibit - Bratcher Transcript (Part 5))(Hickey, John) (Entered: 10/03/2006)

Oct. 3, 2006

Oct. 3, 2006

79

DESIGNATION OF DEPOSITION TESTIMONY by Health Food Associates Inc of Cherry Dienz . (Attachments: # 1 Exhibit - Dienz Transcript (Part 1)# 2 Exhibit - Dienz Transcript (Part 2)# 3 Exhibit - Dienz Transcript (Part 3)# 4 Exhibit - Dienz Transcript (Part 4)# 5 Exhibit - Dienz Transcript (Part 5)# 6 Exhibit - Dienz Transcript (Part 6)# 7 Exhibit - Dienz Transcript (Part 7)# 8 Exhibit - Dienz Transcript (Part 8)# 9 Exhibit - Dienz Transcript (Part 9)# 10 Exhibit - Dienz Transcript (Part 10)# 11 Exhibit - Dienz Transcript (Part 11)# 12 Exhibit - Dienz Transcript (Part 12)# 13 Exhibit - Dienz Transcript (Part 13)# 14 Exhibit - Dienz Transcript (Part 14)# 15 Exhibit - Dienz Transcript (Part 15))(Hickey, John) (Entered: 10/03/2006)

Oct. 3, 2006

Oct. 3, 2006

80

DESIGNATION OF DEPOSITION TESTIMONY by Health Food Associates Inc of John Blaylock . (Attachments: # 1 Exhibit - Blaylock Transcript (Part 1)# 2 Exhibit - Blaylock Transcript (Part 2)# 3 Exhibit - Blaylock Transcript (Part 3)# 4 Exhibit - Blaylock Transcript (Part 4)# 5 Exhibit - Blaylock Transcript (Part 5)# 6 Exhibit - Blaylock Transcript (Part 6)# 7 Exhibit - Blaylock Transcript (Part 7)# 8 Exhibit - Blaylock Transcript (Part 8)# 9 Exhibit - Blaylock Transcript (Part 9)# 10 Exhibit - Blaylock Transcript (Part 10)# 11 Exhibit - Blaylock Transcript (Part 11)# 12 Exhibit - Blaylock Transcript (Part 12)# 13 Exhibit - Blaylock Transcript (Part 13)# 14 Exhibit - Blaylock Transcript (Part 14)# 15 Exhibit - Blaylock Transcript (Part 15)# 16 Exhibit - Blaylock Transcript (Part 16)# 17 Exhibit - Blaylock Transcript (Part 17)# 18 Exhibit - Blaylock Transcript (Part 18)# 19 Exhibit - Blaylock Transcript (Part 19)# 20 Exhibit - Blaylock Transcript (Part 20)# 21 Exhibit - Blaylock Transcript (Part 21))(Hickey, John) (Entered: 10/03/2006)

Oct. 3, 2006

Oct. 3, 2006

81

DESIGNATION OF DEPOSITION TESTIMONY by Health Food Associates Inc of Andria Talbert . (Attachments: # 1 Exhibit - Talbert Transcript (Part 1)# 2 Exhibit - Talbert Transcript (Part 2)# 3 Exhibit - Talbert Transcript (Part 3)# 4 Exhibit - Talbert Transcript (Part 4)# 5 Exhibit - Talbert Transcript (Part 5)# 6 Exhibit - Talbert Transcript (Part 6)# 7 Exhibit - Talbert Transcript (Part 7)# 8 Exhibit - Talbert Transcript (Part 8)# 9 Exhibit - Talbert Transcript (Part 9)# 10 Exhibit - Talbert Transcript (Part 10)# 11 Exhibit - Talbert Transcript (Part 11)# 12 Exhibit - Talbert Transcript (Part 12)# 13 Exhibit - Talbert Transcript (Part 13)# 14 Exhibit - Talbert Transcript (Part 14)# 15 Exhibit - Talbert Transcript (Part 15)# 16 Exhibit - Talbert Transcript (Part 16))(Hickey, John) (Entered: 10/03/2006)

Oct. 3, 2006

Oct. 3, 2006

82

DESIGNATION OF DEPOSITION TESTIMONY by Equal Employment Opportunity Commission of Joe Garbacz-Amended by EEOC . (Robertson, Michelle) (Entered: 10/03/2006)

Oct. 3, 2006

Oct. 3, 2006

83

MOTION for Protective Order by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1-Request for Admission# 2 Exhibit 2-Amended Admission# 3 Exhibit 3-Notice of Deposition# 4 Exhibit 4-Callaway case# 5 Exhibit 5-Dayton case)(Robertson, Michelle) (Entered: 10/03/2006)

Oct. 3, 2006

Oct. 3, 2006

85

JUDGMENT in favor of Health Foods Associates against EEOC. Signed by Judge Joe Heaton on 10/4/06. (jw, ) (Entered: 10/04/2006)

Oct. 4, 2006

Oct. 4, 2006

84

ORDER denying 32 Motion to Exclude, denying 38 Motion for Summary Judgment, granting 39 Motion for Summary Judgment, as more fully set out . Signed by Judge Joe Heaton on 10/4/06. (jw, )

Oct. 4, 2006

Oct. 4, 2006

RECAP
86

BILL OF COSTS by Health Food Associates Inc. (Hickey, John) (Entered: 10/18/2006)

Oct. 18, 2006

Oct. 18, 2006

87

AFFIDAVIT re 86 Bill of Costs by Health Food Associates Inc. (Attachments: # 1 Attachment - Bill of Costs)(Hickey, John) (Entered: 10/18/2006)

Oct. 18, 2006

Oct. 18, 2006

88

BRIEF IN SUPPORT re 86 Bill of Costs by Health Food Associates Inc. (Hickey, John) (Entered: 10/18/2006)

Oct. 18, 2006

Oct. 18, 2006

89

MOTION for Attorney Fees and Costs, and Supporting Brief by Health Food Associates Inc. (Attachments: # 1 Exhibit A - Fees# 2 Exhibit A - Costs)(Hickey, John) (Entered: 10/18/2006)

Oct. 18, 2006

Oct. 18, 2006

90

NOTICE OF BILL OF COSTS HEARING, Bill of Costs Hearing set for 11/30/2006 10:00 AM in Court Clerk's Office (jw, ) (Entered: 10/19/2006)

Oct. 19, 2006

Oct. 19, 2006

91

OBJECTIONS re 89 MOTION for Attorney Fees and Costs, and Supporting Brief filed by Equal Employment Opportunity Commission. (Robertson, Michelle) (Entered: 11/06/2006)

Nov. 6, 2006

Nov. 6, 2006

93

MOTION for Leave to File Reply in support of Defendant's Application for Award of Attorney Fees, and Supporting Brief [Dkt 89] by Health Food Associates Inc. (Hickey, John) (Entered: 11/09/2006)

Nov. 9, 2006

Nov. 9, 2006

94

ORDER denying 89 Motion for Attorney Fees, denying 93 Motion for Leave to File Reply, as more fully set out . Signed by Judge Joe Heaton on 11/16/06. (jw, ) (Entered: 11/16/2006)

Nov. 16, 2006

Nov. 16, 2006

95

STIPULATION on bill of costs by Health Food Associates Inc. (Kingsolver, Paul) (Entered: 11/28/2006)

Nov. 28, 2006

Nov. 28, 2006

98

Costs Taxed in amount of $ 3,886.99 per agreement of parties against plaintiff (pw, ) (Entered: 12/04/2006)

Nov. 30, 2006

Nov. 30, 2006

96

NOTICE OF APPEAL as to 85 Judgment by Equal Employment Opportunity Commission. (Robertson, Michelle) (Entered: 12/01/2006)

Dec. 1, 2006

Dec. 1, 2006

97

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 96 Notice of Appeal (dl, ) (Entered: 12/04/2006)

Dec. 4, 2006

Dec. 4, 2006

99

USCA Case Number 06-6354 for 96 Notice of Appeal filed by Equal Employment Opportunity Commission. (dl, ) (Entered: 12/11/2006)

Dec. 11, 2006

Dec. 11, 2006

100

TRANSCRIPT Order Form by Equal Employment Opportunity Commission re 96 Notice of Appeal that transcripts are not necessary. See order form for dates and proceedings. (Robertson, Michelle) (Entered: 12/14/2006)

Dec. 14, 2006

Dec. 14, 2006

101

NOTICE OF CROSS APPEAL by Health Food Associates Inc. (Hickey, John) (Entered: 12/14/2006)

Dec. 14, 2006

Dec. 14, 2006

102

Transmission of Notice of Cross Appeal and Docket Sheet to US Court of Appeals re 101 Notice of Cross Appeal (dl, ) (Entered: 01/24/2007)

Jan. 24, 2007

Jan. 24, 2007

103

USCA Case Number 07-6017 for 101 Notice of Cross Appeal filed by Health Food Associates Inc. (dl, ) (Entered: 01/26/2007)

Jan. 26, 2007

Jan. 26, 2007

104

TRANSCRIPT LETTER advising that no transcripts are necessary re 96 Notice of Appeal filed by Equal Employment Opportunity Commission. The record is ready for appeal purposes. (dl, ) (Entered: 01/30/2007)

Jan. 30, 2007

Jan. 30, 2007

105

MANDATE From USCA Upon consideration of the stipulation to dismiss these appeals. It is ordered that the appeals be and hereby are DISMISSED 96 Notice of Appeal filed by Equal Employment Opportunity Commission, 101 Notice of Cross Appeal filed by Health Food Associates Inc (dl, ) (Entered: 02/12/2007)

Feb. 12, 2007

Feb. 12, 2007

Case Details

State / Territory: Oklahoma

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 12, 2005

Closing Date: Feb. 8, 2007

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

Health Food Associates, Inc, Private Entity/Person

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Discrimination-area:

Disparate Treatment

Accommodation / Leave

Hiring

Discrimination-basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits