Case: EEOC v. Desert Subway, Inc.

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT FILED (LSP) (Entered: 08/09/2002)

RETURN OF SERVICE EXECUTED summons/complaint upon dft Desert Subway Inc on 8/9/02 (DMT) (Entered: 08/14/2002)

ANSWER to complaint [1-1] by dft (DMT) (Entered: 09/03/2002)

ORDER by Judge Mary H. Murguia designating action a standard track case; prel scheduling conf set for 4:30 12/2/02 (cc: all counsel) (DMT) (Entered: 09/19/2002)

NOTICE of service of first set of non-uniform interrogatories and first request for production of documents (discovery) on 11/14/02 by pla. (former emp) (Entered: 11/18/2002)

CASE MGT PLAN/REPORT by pla and dft (DMT) (Entered: 11/22/2002)

SCHEDULING ORDER by Judge Mary H. Murguia ; discovery due 6/27/03 ; dispositive motions due 8/29/03 (cc: all counsel) re: order (scheduling) [8-1] (DMT) (Entered: 12/05/2002)

NOTICE of service of discovery documents by dft Desert Subway Inc . (former emp) (Entered: 12/17/2002)

NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by pla EEOC (former emp) (Entered: 12/17/2002)

NOTICE of service of discovery by dft. (DMT) (Entered: 12/18/2002)

NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by dft (DMT) (Entered: 12/19/2002)

NOTICE of compliance of first supplemental disclosure statement pursuant to FRCivP 26(a) by pla (DMT) (Entered: 12/20/2002)

NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by pla EEOC (MAP) (Entered: 01/30/2003)

NOTICE of service of discovery by pla. (DMT) (Entered: 02/10/2003)

NOTICE of service of discovery by pla. (DMT) (Entered: 02/10/2003)

NOTICE of service of discovery by dft. (DMT) (Entered: 03/13/2003)

NOTICE by pla OF TAKING VIDEOTAPED DEPO OF Mark Hungerford on 4/10/03 of Darlene Corbett on 4/11/03 (DMT) (Entered: 03/20/2003)

NOTICE by dft OF TAKING DEPO OF Cara Shepherd on the following date(s): 4/11/03 (DMT) (Entered: 03/25/2003)

FIRST AMENDED NOTICE by pla OF TAKING DEPO OF Darlene Corbett on 4/7/03; and of Mark Hungerford on 4/10/03 (DMT) (Entered: 03/27/2003)

NOTICE of service of discovery by dft Desert Subway Inc . (former emp) (Entered: 04/10/2003)

MINUTE ORDER status hearing re settlement status set for 4/14/03 is vacated; status hearing to be reset by separate order. (cc: all counsel) [21] (former emp) (Entered: 04/09/2003)

NOTICE of service of discovery by pla EEOC . (former emp) (Entered: 04/18/2003)

NOTICE of compliance of third supplemental disclosure statement pursuant to FRCivP 26(a) by pla (DMT) (Entered: 04/29/2003)

NOTICE by pla EEOC OF TAKING DEPO OF Cheryl Wickwire on the following date(s): 5/30/03 @ 9:00am (FMP) (Entered: 05/20/2003)

MINUTE ORDER status hearing re settlement status is set for 4:00PM, 6/17/03 (cc: all counsel) [27] (former emp) (Entered: 06/06/2003)

MINUTE ENTRY before Judge Mary H. Murguia . Crt Rptr: Merilyn Sanchez. Present: Sandra Padegimas for pla; Robert Oller and John Ogden for dft. Status hearing held. ORDERED continuing discovery ddl set for 8/29/03 and dispositive motions dll to 9/26/03. FURTHER ORDERED setting status hearing for 4:45PM, 7/15/03; parties to be present at status hearing. [cc: all cnsl] [28] (former emp) (Entered: 06/19/2003)

NOTICE of service of discovery by pla. (DMT) (Entered: 06/19/2003)

MINUTE ORDER status hearing set for 7/15/03 is vacated and reset to 3:45PM, 7/22/03 (cc: all counsel) [30] (former emp) (Entered: 07/11/2003)

MINUTE ENTRY before Judge Mary H. Murguia . Crt Rptr: Merilyn Sanchez. Present: Sandra Padegimas for pla; Karen Shepard, pla; Robert Oller and John Ogden for dft; Mark Roden dft. Status hearing held. Counsel and parties present. Dft addresses the Court as to reasons why case will not settle. Case will proceed within current deadlines. [31] (former emp) (Entered: 07/23/2003)

NOTICE of service of discovery by pla. (DMT) (Entered: 07/29/2003)

NOTICE by pla OF TAKING DEPO OF Joy Morris on the following date(s): 8/14/03 (DMT) (Entered: 07/31/2003)

NOTICE of service of discovery by pla EEOC . (former emp) (Entered: 08/05/2003)

NOTICE of compliance of fourth supplemental disclosure statement pursuant to FRCivP 26(a) by pla (DMT) (Entered: 08/08/2003)

NOTICE by dft OF TAKING DEPO OF Larry Shepherd, Megan Jennings on the following date(s): 8/19/03 (DMT) (Entered: 08/11/2003)

Transcript Designation and Ordering Form by pla EEOC re hearing held 7/22/03 (former emp) (Entered: 08/11/2003)

NOTICE of service of discovery by dft Desert Subway Inc . (former emp) (Entered: 08/11/2003)

AMENDED NOTICE by pla OF TAKING DEPO OF dft on the following date(s): 8/21/03 (DMT) (Entered: 08/11/2003)

NOTICE by pla OF TAKING DEPO OF Cheryl Wickwire and Mark Rodin on the following date(s): 8/21/03 (DMT) (Entered: 08/11/2003)

TRANSCRIPT of status hrg before Judge Mary H Murguia by Court Reporter: Merilyn A Sanchez for the following date(s): 7/22/03 (DMT) (Entered: 08/13/2003)

AMENDED NOTICE by dft OF TAKING DEPO OF Megan Jennings, Larry Shepherd on the following date(s): 8/28/03 (DMT) (Entered: 08/19/2003)

ORDER by Judge Mary H. Murguia granting stipulation to allow dft to file first amended answer to complaint [3-1] by pla, dft (cc: all counsel) (DMT) (Entered: 08/19/2003)

NOTICE of compliance of first supplemental disclosure statement pursuant to FRCivP 26(a) by dft (DMT) (Entered: 08/22/2003)

FIRST AMENDED answer to complaint [3-1] by dft (DMT) (Entered: 08/22/2003)

NOTICE of service of discovery by dft. (DMT) (Entered: 08/22/2003)

SECOND AMENDED NOTICE by pla OF TAKING DEPO OF dft Desert Subway Inc on the following date(s): 8/21/03 (DMT) (Entered: 08/22/2003)

SECOND NOTICE by pla OF TAKING DEPO OF Mark Roden on the following date(s): 8/26/03 (DMT) (Entered: 08/26/2003)

THIRD NOTICE by pla OF TAKING DEPO OF Mark Roden on the following date(s): 8/29/03 (DMT) (Entered: 09/02/2003)

MOTION under Rule 16 and 37 for sanction of preclusion of witnesses for failure to comply with disclosure requirements against dft by pla [51- 1] (DMT) (Entered: 09/02/2003)

MEMORANDUM IN SUPPORT by pla of motion under Rule 16 and 37 for sanction of preclusion of witnesses for failure to comply with disclosure requirements against dft by pla [51-1] (DMT) (Entered: 09/02/2003)

NOTICE of compliance of fifth supplemental disclosure statement pursuant to FRCivP 26(a) by pla (DMT) (Entered: 09/04/2003)

NOTICE of service of discovery by dft. (DMT) (Entered: 09/10/2003)

RESPONSE by dft to motion (to strike) under Rule 16 and 37 for sanction of preclusion of witnesses for failure to comply with disclosure requirements against dft by pla [51-1] (DMT) (Entered: 09/16/2003)

REPLY by pla to response to motion under Rule 16 and 37 for sanction of preclusion of witnesses for failure to comply with disclosure requirements against dft by pla [51-1] (DMT) (Entered: 09/23/2003)

STATEMENT OF FACTS by pla re motion for partial summary judgment re on 2 defenses raised in the first amended answer of dft by pla [57-1] [57-1] (DMT) (Entered: 09/29/2003)

MOTION for summary judgment by dft [59-1] (DMT) (Entered: 09/29/2003)

STATEMENT OF FACTS by dft re motion for summary judgment by dft [59-1] (DMT) (Entered: 09/29/2003)

NOTICE OF FILING original signed DECLARATION of Cara Shepherd attached to re statement of facts [58-1] by pla (DMT) (Entered: 10/09/2003)

RESPONSE by dft to motion for partial summary judgment re on 2 defenses raised in the first amended answer of dft by pla [57-1] (DMT) (Entered: 10/29/2003)

STATEMENT OF FACTS by dft in opposition to motion for partial summary judgment re on 2 defenses raised in the first amended of dft by pla [57-1] (DMT) (Entered: 10/29/2003)

RESPONSE by pla to motion for summary judgment by dft [59-1] (DMT) (Entered: 10/30/2003)

STATEMENT OF FACTS by pla in support of response [64-1]to motion for summary judgment by dft [59-1] (DMT) (Entered: 10/30/2003)

STIPULATION to extend time to 12/3/03 to reply to response to motion [62-1], motion for partial summary judgment re on 2 defenses raised in the first amended answer of dft by pla [57-1] by pla, dft (DMT) (Entered: 11/10/2003)

MOTION to extend time to i12/2/03 for dft to file their reply in support of motion for sum jgm by dft [67-1] (DMT) (Entered: 11/12/2003)

ORDER by Judge Mary H. Murguia granting stipulation to extend time to 12/3/03 to reply to response to motion [62-1], motion for partial summary judgment re on 2 defenses raised in the first amended answer of dft by pla [57-1] by pla, dft (cc: all counsel) (DMT) (Entered: 11/17/2003)

ORDER by Judge Mary H. Murguia granting motion to extend time for dft to file their reply in support of motion for sum jgm by dft [67-1] (cc: all counsel) (DMT) Modified on 11/24/2003 (Entered: 11/24/2003)

REPLY by dft to response to motion for summary judgment by dft [59-1] (DMT) (Entered: 12/04/2003)

REPLY by pla to response to motion for partial summary judgment re on 2 defenses raised in the first amended answer of dft by pla [57-1] (DMT) (Entered: 12/04/2003)

MOTION to strike affidavit of Sandra J Padegimas by dft [72-1] (part of response 72-1) (DMT) (Entered: 12/10/2003)

RESPONSE by pla to dft's response [72-1] to pla's statement of facts (DMT) (Entered: 01/02/2004)

RESPONSE by pla to motion to strike affidavit of Sandra J Padegimas by dft [72-1] (part of response 73-1) (DMT) (Entered: 01/02/2004)

REPLY by dft Desert Subway Inc to response to motion to strike affidavit of Sandra J Padegimas by dft [72-1] (part of response 72-1) (LSP) (Entered: 01/08/2004)

ORDER by Judge Mary H. Murguia granting in part and denying in part motion under Rule 16 and 37 for sanction of preclusion of witnesses for failure to comply with disclosure requirements against dft by pla [51-1]. Ordered striking all but 4 of the witnesses disclosed in dft's 1st supplemental disclosure statement. Ordered directing dft to hand deliver to pla a list of the 4 witnesses which it has selected from dft's 1st supplemental disclosure statement no later than 14 day from date this order is filed. Ordered reopening disc for additional 30 days from date dft delivers its list of the additional 4 witness, solely for purpose of allowing deposition of these witnesses (cc: all counsel) (DMT) (Entered: 03/19/2004)

NOTICE by pla EEOC OF TAKING DEPO OF Lori Volkman on the following date(s): 4/27/04 (MAP) (Entered: 04/26/2004)

NOTICE by pla EEOC OF TAKING DEPO OF Elizabeth Hammond on the following date(s): 4/30/04 (MAP) (Entered: 04/26/2004)

NOTICE by pla EEOC OF TAKING DEPO OF Devin Baldwin on the following date(s): 4/30/04 (MAP) (Entered: 04/26/2004)

ORDER by Judge Mary H. Murguia denying motion for partial summary judgment re on 2 defenses raised in the first amended answer of dft by pla [57-1], granting in part and denying in part motion for summary judgment by dft [59-1]. Granting dft sum jgm on pla's claim of discrimination by denial of a maternity uniform, claim of hostile work environment and claim of constructive discharge; denied as to pla's claim of discrimination by reduction in number of work hours; , granting motion to strike affidavit of Sandra J Padegimas by dft [72-1] (part of response 72-1) ; ; status hearing set for 3:30 11/8/04 (cc: all counsel) (DMT) (Entered: 09/28/2004)

MOTION to vacate status hrg by dft [80-1] (DMT) (Entered: 11/08/2004)

ORDER by Judge Mary H. Murguia granting motion to vacate status hrg of 11/8/04 by dft [80-1] ; status hearing reset for 4:00 11/17/04 (cc: all counsel) (DMT) (Entered: 11/08/2004)

ORDER by Mag Judge Virginia A. Mathis ; settlement conference set for 9:30 1/7/05 , before Mag Judge Virginia A. Mathis (cc: all counsel) (DMT) (Entered: 11/24/2004)

ORDER by Judge Mary H. Murguia ; PTO ddl set for 1/31/05 ; Final Pretrial conference set for 3:30 2/14/05 ; jury trial set for 9:00 3/1/05 (cc: all counsel) (DMT) (Entered: 11/24/2004)

MINUTE ENTRY before Mag Judge Virginia A. Mathis . . ; settlement conference held, no settlement reached [cc: cnsl]] [85-2] (DMT) (Entered: 01/10/2005)

PROPOSED PRE-TRIAL ORDER submitted by pla, dft. To MHM (DMT) (Entered: 02/03/2005)

MOTION(No. 1) in limine to exclude testimony re EEOC's administrative investigation by pla EEOC [86-1] (SRB) (Entered: 02/03/2005)

MOTION(No. 2) in limine re to exclude testimony re Cara Shepards dating and marital history by pla EEOC [87-1] (SRB) (Entered: 02/03/2005)

MOTION(No. 3) in limine re to exclude testimony re tattoos by pla EEOC [88-1] (SRB) (Entered: 02/03/2005)

MOTION(No. 4) in limine re to exclude evidence re dfts belated post HOC invitation to EEOC to provide EEO training by pla EEOC [89-1] (SRB) (Entered: 02/03/2005)

MOTION(No. 5) in limine re to exclude evidence re dfts hiring of other women who became pregnant by pla EEOC [90-1] (SRB) (Entered: 02/03/2005)

MOTION(No. 6) in limine re to exclude evidence re dfts post HOC "Good Faith Efforts" to comply with title VII by pla EEOC [91-1] (SRB) (Entered: 02/03/2005)

MOTION in limine re previously dismissed claims by dft Desert Subway Inc [93-1] (SRB) (Entered: 02/03/2005)

MOTION to bifurcate punitive damages by dft Desert Subway Inc [94-1] (SRB) (Entered: 02/03/2005)

NOTICE by dft Desert Subway Inc of intent to use charts, summaries, or calculations (SRB) (Entered: 02/03/2005)

Proposed Form of Verdict by pla EEOC (SRB) (Entered: 02/03/2005)

JOINT Proposed Jury instructions by dft Desert Subway Inc (SRB) (Entered: 02/03/2005)

JOINT Proposed Voir dire submitted by pla, dft (SRB) (Entered: 02/03/2005)

Proposed Form of Verdict by dft Desert Subway Inc (SRB) (Entered: 02/03/2005)

MINUTE ORDER: Due to a conflict on the Court's calendar, the Court ORDERS that the Pretrial Conference currently set on February 14, 2005 be reset to April 4, 2005 at 3:30 p.m. before the Honorable Mary H. Murguia. The Court further ORDERS that the Jury Trial currently set on March 1, 2005 be reset to May 3, 2005 at 9:00 a.m. before the Honorable Mary H. Murguia in Prescott, Arizona. (cc: MHM, all counsel) [100-2] (KSB) (Entered: 02/09/2005)

NOTICE by dft Desert Subway Inc of conflicting trial settings (LAD) (Entered: 02/16/2005)

RESPONSE by pla EEOC to motion to bifurcate punitive damages by dft Desert Subway Inc [94-1] (LAD) (Entered: 02/18/2005)

RESPONSE by dft Desert Subway Inc to motion in limine re to exclude evidence re dfts hiring of other women who became pregnant by pla EEOC [90-1] (LAD) (Entered: 02/18/2005)

RESPONSE by dft Desert Subway Inc to motion in limine re to exclude evidence re dfts post HOC "Good Faith Efforts" to comply with title VII by pla EEOC [91-1] (LAD) (Entered: 02/18/2005)