Case: EEOC v. Sanmina-SCI Corporation

EEOC v. Sanmina-SCI Corp

U.S. Court of Appeals for the Ninth Circuit

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT FILED (JIR) (Entered: 09/24/2004)

MOTION for admission pro hac vice as to Christopher James Keller, atty for dft Sanmina-SCI Corp [2-1] (LSP) (Entered: 10/12/2004)

MOTION for admission pro hac vice as to Richard J. Curiale, atty for dft Sanmina-SCI Corp [3-1] (LSP) (Entered: 10/12/2004)

Pro Hac Vice $25 Fee Paid as to Robert S Nelson (BAS) (Entered: 10/13/2004)

Pro Hac Vice $25 Fee Paid as to Richard J Curiale (BAS) (Entered: 10/13/2004)

Pro Hac Vice $25 Fee Paid as to Christopher James Keller (BAS) (Entered: 10/13/2004)

ORDER by Judge Earl H. Carroll granting motion for admission pro hac vice as to Robert S. Nelson, atty for dft Sanmina-SCI Corp [4-1]. (cc: all counsel) (LSP) (Entered: 10/13/2004)

ORDER by Judge Earl H. Carroll granting motion for admission pro hac vice as to Richard J. Curiale, atty for dft Sanmina-SCI Corp [3-1]. (cc: all counsel) (LSP) (Entered: 10/13/2004)

ORDER by Judge Earl H. Carroll granting motion for admission pro hac vice as to Christopher James Keller, atty for dft Sanmina-SCI Corp [2-1] (cc: all counsel) (LSP) (Entered: 10/15/2004)

RETURNED MAIL addressed to: Richard J Curiale re order [5-1]; address had not been added when order was docketed on 10/13/04, order re-sent (LSP) (Entered: 10/19/2004)

RETURNED MAIL addressed to: Robert S Nelson re order [5-1]; addressed had not been added when the order was docketed, order re-sent (LSP) (Entered: 10/19/2004)

RETURNED MAIL addressed to: Christopher James Keller re order [5- 1]; address had not been added when the order was docketed, order re- sent (LSP) (Entered: 10/19/2004)

RETURNED MAIL addressed to: Christopher James Keller re order [6- 1]; address had not been added when order was docketed, order re-sent (LSP) (Entered: 10/19/2004)

RETURN OF SERVICE EXECUTED summons/complaint upon Stefanie Morones, Receptionist of Jure Sola, Statutory Agent for dft Sanmina-SCI Corp on 10/4/04 (LSP) (Entered: 10/19/2004)

ANSWER to complaint [1-1] by dft Sanmina-SCI Corp (KCS) (Entered: 10/28/2004)

ORDER by Judge Earl H. Carroll ; prel scheduling conf set for 9:45 1/10/05 (cc: all counsel) (DMT) (Entered: 11/03/2004)

CASE MGT PLAN/REPORT: proposed joint pretrial order ddl 09/30/05; discovery cutoff 07/29/05; dispositive motions filing ddl is 09/02/05 (KCS) (Entered: 12/29/2004)

MINUTE ENTRY before Judge Earl H. Carroll . Crt Rptr: Candy Potter. Appearances: Sally Shanley on behalf of plaintiff, and Robert Nelson appearing telephonically on behalf of the defendant. Scheduling conference held. The parties request that the matter be set for a settlement conference before a magistrate judge. Formal order to issue. [12-2] (BAH) (Entered: 01/10/2005)

ORDER by Judge Earl H. Carroll Case referred to Mag Judge Lawrence O. Anderson for settlement conference within 45 days; that in 10 days, parties are to contact Magistrate Judge Anderson for conference scheduling. (cc: all counsel, LOA) (KCS) (Entered: 01/13/2005)

NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by pla (DMT) (Entered: 01/21/2005)

ORDER by Mag Judge Lawrence O. Anderson ; settlement conference set for 2:00 3/3/05 , before Mag Judge Lawrence O. Anderson (cc: all counsel) (DMT) (Entered: 01/21/2005)

NOTICE of service of initial disclosure statement pursuant to FRCivP 26 (a) by dft Sanmina-SCI Corp (KCS) (Entered: 02/07/2005)

STIPULATION to extend time to 03/05/05 for settlement conference by pla EEOC, dft Sanmina-SCI Corp (KCS) (Entered: 02/04/2005)

ORDER by Judge Earl H. Carroll granting stipulation to extend time to 03/05/05 for settlement conference by pla EEOC, dft Sanmina-SCI Corp (cc: all counsel) (KCS) (Entered: 02/04/2005)

ORDER by Mag Judge Lawrence O. Anderson ; settlement conference reset for 2:00 3/2/05 , and all other orders contained in Court's Settlement Conference Order (#15) affirmed; before Mag Judge Lawrence O. Anderson (cc: all counsel) (KCS) (Entered: 02/11/2005)

NOTICE by pla EEOC OF TAKING DEPO OF Judy Hartman on the following date(s): 03/01/05 @ 10:00 a.m. (KCS) (Entered: 02/24/2005)

NOTICE by pla EEOC OF TAKING DEPO OF Marjorie Wallace on the following date(s): 03/02/05 @ 10:00 a.m. (KCS) (Entered: 02/24/2005)

AFFIDAVIT of Janet R. Tefft of service of process of dft's Amended Notice of taking deposition of charging party Surinder Cheira, by dft Sanmina-SCI Corp (KCS) (Entered: 02/24/2005)

ORDER by Mag Judge Lawrence O. Anderson re: before Mag Judge Lawrence O. Anderson [19-2] parties may informally contact Chambers to reschedule a settlement conference ; settlement conference vacated (cc: all counsel) (KCS) (Entered: 02/24/2005)

MINUTE ORDER IT IS ORDERED setting a status hearing for Monday, June 6, 2005 at 11:00 a.m. (cc: all counsel) [24-2] (BAH) (Entered: 05/10/2005)

MINUTE ENTRY before Judge Earl H. Carroll. Crt Rptr: Candy Potter. Appearances: Mary O'Neill for pla; Robert Nelson (telephonically) for dft. Status hearing held. Separate order to issue setting forth case management deadlines and trial date. [cc: EHC] [26-2] (LMR) (Entered: 06/08/2005)

ORDER by Judge Earl H. Carroll ; discovery ddl set for 7/29/05 ; dispositive motions due 9/2/05 ; PTO ddl set for 11/14/05 ; Pretrial conference set for 9:30 11/28/05 ; jury trial set for 9:00 12/6/05 (cc: all counsel) (DMT) (Entered: 06/07/2005)

Notice of service of EEOC's first set of non-uniform interrogatories, first request for production of documents, and first request for admissions to defendant by Equal Employment Opportunity Commission (RDS) (Entered: 07/05/2005)

MOTION for Summary Judgment and notice of motion, by Sanmina-SCI Corporation. (KCS) (Entered: 07/08/2005)

STATEMENT of undisputed material facts in support of re [28] MOTION for Summary Judgment by Defendant Sanmina-SCI Corporation. (KCS) (Entered: 07/08/2005)

MEMORANDUM re: of points and authorities in support of dft's [28] MOTION for Summary Judgment by Defendant Sanmina-SCI Corporation. (KCS) (Entered: 07/08/2005)

MOTION for Extension of Time for discovery to 09/27/05, and to 10/27/05 to respond to motion for summary judgment, and MOTION for Expedited Ruling by Equal Employment Opportunity Commission. (KCS) (Entered: 07/18/2005)

RESPONSE in Opposition re [31] MOTION for Extension of Time for discovery and to respond to motion for summary judgment MOTION for Ruling filed by Sanmina-SCI Corporation. (KCS) (Entered: 07/21/2005)

DECLARATION of of Robert S. Nelson in support of dft's re [32] Response in Opposition to Motion by Defendant Sanmina-SCI Corporation. (KCS) (Entered: 07/21/2005)

Notice re of filing original signature pages by Sanmina-SCI Corporation re [33] Declaration, [32] Response in Opposition to Motion (KCS) (Entered: 07/21/2005)

ORDER granting [31] Motion for Extension of Discovery deadline; discovery ddl extended thu 9/27/05 FURTHER ORDERED granting motion for extension of time for Pla to Respond to Dft's Motion for Sum Jgm thru 10/27/05Signed by Judge Earl H. Carroll on 7/22/05. (MAP, ) (Entered: 07/22/2005)

Copy of document number 35, mailed to Richard J Curiale, Christopher James Keller, Robert S Nelson, C Emanuel Smith on this date. (HLA, ) (Entered: 07/25/2005)

Notice of Service of EEOC's response to defendant's request for production of documents, by Equal Employment Opportunity Commission (RDS) (Entered: 07/28/2005)

MOTION for Admission Pro Hac Vice as to John F. Baum for Dft Sanmina-SCI Corp by Sanmina-SCI Corporation. (Attachments: # 1 Supplement Certificate)(LSP) Modified on 8/4/2005 (APJ, ). FILE DATE MODIFIED TO CORRECT FILE DATE 08/01/05. (Entered: 08/04/2005)

Notice re EEOC's Notice of Service of Second Request for Production of Documents by Equal Employment Opportunity Commission (Shanley, Sally) (Entered: 08/02/2005)

ORDER granting motion for Admission Pro Hac Vice as to atty John Baum Signed by Judge Earl H. Carroll on 8/2/05. (MAP, ) (Entered: 08/04/2005)

NOTICE OF CORRECTION BY THE CLERK re 39 MOTION for Admission Pro Hac Vice filed by Sanmina-SCI Corporation. Description of deficiency: Wrong file date 08/04/05 entered. Follow up by Clerks Office: File date corrected to 08/01/05. Court use only: lsp. (APJ, ) (Entered: 08/04/2005)

Copy of document number 38, mailed to Richard Curiale, Christopher Keller, Robert Nelson on this date. (EAT, ) (Entered: 08/05/2005)

Notice re of Service of Third Request for Production by Equal Employment Opportunity Commission (Shanley, Sally) (Entered: 08/24/2005)

NOTICE of Deposition of Heather Cavin, filed by Equal Employment Opportunity Commission. (Shanley, Sally) (Entered: 08/31/2005)

NOTICE of Deposition of Heather Cavin Amended, filed by Equal Employment Opportunity Commission. (Shanley, Sally) (Entered: 08/31/2005)

NOTICE of Deposition of Steve Lach Amended, filed by Equal Employment Opportunity Commission. (Shanley, Sally) (Entered: 09/06/2005)

NOTICE of Deposition of Sanmina-SCI Corp 30(b)(6), filed by Equal Employment Opportunity Commission. (Shanley, Sally) (Entered: 09/07/2005)

STIPULATION re [25] Order, Regarding Extension of Trial and Other Trial-Related Deadlines by Equal Employment Opportunity Commission. (Shanley, Sally) (Entered: 09/22/2005)

NOTICE of Deposition of Steve Lach Second Amended, filed by Equal Employment Opportunity Commission. (Shanley, Sally) (Entered: 09/23/2005)

ORDER re 46 STIPULATION re [25] Order,Regarding Extension of Trial and Other Trial-Related Deadlines by Equal Employment Opportunity Commission ; Proposed Pretrial Order due by 4/17/2006. Jury Trial set for 5/9/2006 09:00 AM before Judge Earl H Carroll. Pretrial Conference set for 5/1/2006 09:00 AM before Judge Earl H Carroll.. Signed by Judge Earl H Carroll on 9/26/05. (LCF) (Entered: 09/26/2005)

Copy of document number 48, mailed to Richard Curiale, Christopher Keller on this date. (LCF, ) (Entered: 09/26/2005)

MOTION to Strike Declaration of Heather Cavin by Equal Employment Opportunity Commission. (Attachments: # 1)(Shanley, Sally) (Entered: 10/27/2005)

RESPONSE in Opposition re [28] MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A through H)(Shanley, Sally) (Entered: 10/27/2005)

STATEMENT of Statement of Facts re 50 Response in Opposition to Motion for Summary Judgement by Plaintiff Equal Employment Opportunity Commission. (Shanley, Sally) Modified on 10/27/2005 TO DELETE EXTRA COPY OF EXHIBITS A THROUGH H THAT ARE ATTACHED PROPERLY TO 50 (KCS). (Entered: 10/27/2005)

NOTICE TO FILER OF DEFICIENCY re 51 Statement filed by Equal Employment Opportunity Commission. Description of deficiency: Exhibits A through H incorrectly attached to both 50 and 51. Do not refile. The deficiency has been addressed by the Clerk. (KCS) (Entered: 10/27/2005)

REPLY to Response to Motion re [28] MOTION for Summary Judgment filed by Sanmina-SCI Corporation. (Nelson, Robert) (Entered: 11/14/2005)

SUPPLEMENT re [28] MOTION for Summary Judgment and re [29] Statement of Facts Supplemental Separate Statement filed by Sanmina- SCI Corporation. (Nelson, Robert) Modified on 11/21/2005 (LSP). INCORRECT EVENT SELECTED. THIS ENTRY HAS BEEN MODIFIED FROM "Reply to Response to Motion" TO "Supplement". (Entered: 11/14/2005)

SUPPLEMENT re [28] MOTION for Summary Judgment Supplemental Declaration of Robert S. Nelson filed by Sanmina-SCI Corporation. (Nelson, Robert) Modified on 11/21/2005 (LSP). INCORRECT EVENT SELECTED. THIS ENTRY HAS BEEN MODIFIED FROM "Reply to Response to Motion" TO "Suplement". (Entered: 11/14/2005)

SUPPLEMENT re [28] MOTION for Summary Judgment Supplemental Declaration of Judy Hartman filed by Sanmina-SCI Corporation. (Nelson, Robert) Modified on 11/21/2005 (LSP). INCORRECT EVENT SELECTED. THIS ENTRY HAS BEEN MODIFIED FORM "Reply to Response to Motion" TO "Supplement". (Entered: 11/14/2005)

REPLY to Response to re 49 MOTION to Strike Declaration of Heather Cavin filed by Equal Employment Opportunity Commission. (Shanley, Sally) (Entered: 11/19/2005)

MOTION to Strike 55 Reply to Response to Motion, 54 Reply to Response to Motion, 56 Reply to Response to Motion by Equal Employment Opportunity Commission. (Shanley, Sally) (Entered: 11/20/2005)

NOTICE TO FILER OF DEFICIENCY re 55 Reply to Response to Motion filed by Sanmina-SCI Corporation, 54 Reply to Response to Motion filed by Sanmina-SCI Corporation, 56 Reply to Response to Motion filed by Sanmina-SCI Corporation. Description of deficiency: Incorrect document type selected. (LSP) (Entered: 11/21/2005)

RESPONSE in Opposition re 58 MOTION to Strike 55 Reply to Response to Motion, 54 Reply to Response to Motion, 56 Reply to Response to Motion Sanmina-SCI Corporation's Opposition to Motion to Strike Supplemental Separate Statement of Undisputed Material Facts filed by Sanmina-SCI Corporation. (Nelson, Robert) (Entered: 11/23/2005)

REPLY to Response to Motion re 58 MOTION to Strike 55 Reply to Response to Motion, 54 Reply to Response to Motion, 56 Reply to Response to Motion filed by Equal Employment Opportunity Commission. (Shanley, Sally) (Entered: 12/01/2005)

IT IS ORDERED that Defendant's Motion for Summary Judgment [dkt. 28] isGRANTED; the Clerk of Court shall enter judgment for Defendant and against Plaintiff.IT IS FURTHER ORDERED that Plaintiff's Motion to Strike the Declaration ofHeather Cavin [dkt. 49] and Motion to Strike Defendant's Supplemental Separate Statementof Facts [dkt. 58] are DENIED as moot.. Signed by Judge Earl H Carroll on 3/28/06. (TLJ, ) (Entered: 03/29/2006)

JUDGMENT-IT IS ORDERED that Defendant's Motion for Summary Judgment [28] is granted. Judgment is hereby entered in favor of Defendant and against Plaintiff. (TLJ, ) (Entered: 03/29/2006)

MOTION for Sanctions against Equal Employment Opportunity Commission and/or Its Attorneys by Sanmina-SCI Corporation. (Nelson, Robert) (Entered: 05/08/2006)

MEMORANDUM re: Memorandum of Points and Authorities In Support of Sanmina-SCI Corporation's Motion for Sanctions Against The Equal Employment Opportunity Commission and/or Its Attorneys by Defendant Sanmina-SCI Corporation. (Nelson, Robert) (Entered: 05/08/2006)

DECLARATION of Declaration of Robert S. Nelson In Support of Defendant Sanmina-SCI Corporation's Motion for Sanctions Against The EEOC and/or Its Attorneys by Defendant Sanmina-SCI Corporation. (Attachments: # 1 Appendix Index of Exhibits to RSN Declaration ISO Sanmina-SCI Corporation's Motion for Sanctions# 2 Exhibit Exhibit A to RSN Dec ISO Motion for Sanctions# 3 Exhibit Exhibit B to RSN Dec ISO Mtn for Sanctions# 4 Exhibit Exhibit C to RSN Dec ISO Mtn for Sanctions# 5 Exhibit Exhibit D to RSN Dec ISO Mtn for Sanctions# 6 Exhibit Exhibit E to RSN Dec ISO Mtn for Sanctions# 7 Exhibit Exhibit F to RSN Dec ISO Mtn for Sanctions# 8 Exhibit Exhibit G to RSN Dec ISO Mtn for Sanctions# 9 Exhibit Exhibit H to RSN Dec ISO Mtn for Sanctions# 10 Exhibit Exhibit I to RSN Dec ISO Mtn for Sanctions# 11 Exhibit Exhibit J to RSN Dec ISO Mtn for Sanctions# 12 Exhibit Exhibit K to RSN Dec ISO Mtn for Sanctions# 13 Exhibit Exhibit L to RSN Dec ISO Mtn for Sanctions# 14 Exhibit Exhibit M to RSN Dec ISO Mtn for Sanctions)(Nelson, Robert) (Entered: 05/08/2006)

LODGED Proposed Order on Sanmina-SCI Corporation's Motion for Sanctions Against The Equal Employment Opportunity Commission and/or Its Attorneys submitted on May 8, 2006. Document to be filed by Clerk if Motion to Amend is granted. filed by Sanmina-SCI Corporation (Nelson, Robert) (Entered: 05/08/2006)

MOTION to Withdraw as Attorney by Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order)(Smith, C) (Entered: 05/18/2006)

ORDER granting 68 Motion to Withdraw as Attorney. Attorney C Emanuel Smith terminated. Signed by Judge Earl H Carroll on 05/22/06. (KCS) (Entered: 05/22/2006)

RESPONSE to Motion re 64 MOTION for Sanctions against Equal Employment Opportunity Commission and/or Its Attorneys filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Declaration of Sally Shanley)(Shanley, Sally) (Entered: 05/22/2006)

NOTICE OF APPEAL to 9th Circuit, as to 62 Order on Motion for Summary Judgment,, Order on Motion to Strike,,,, 63 Clerk's Judgment by Equal Employment Opportunity Commission. Filing fee $ 455. (Shanley, Sally) (Entered: 05/25/2006)

Representation Statement by Equal Employment Opportunity Commission re 71 Notice of Appeal (Shanley, Sally) (Entered: 05/25/2006)

APPEAL Documents, CADS by Equal Employment Opportunity Commission (Attachments: # 1 Order Granting Motion for Summary Judgment Doc. 62# 2 Judgment in Favor of Defendant Doc. 63# 3 Representation Statement)(Shanley, Sally) Modified on 5/26/2006 INCORRECT EVENT SELECTED. THIS ENTRY HAS BEEN MODIFIED FROM (Designation of Record on Appeal) TO (Appeal Document, CADS)(DMT, ). (Entered: 05/25/2006)

TRANSCRIPT DESIGNATION AND ORDER FORM for Appeal (Doc. 71) by Equal Employment Opportunity Commission. (Shanley, Sally) (Entered: 05/25/2006)

NOTICE TO FILER OF DEFICIENCY re 73 Designation of Record on Appeal, filed by Equal Employment Opportunity Commission,. Description of deficiency: Incorrect document type selected. (DMT, ) (Entered: 05/26/2006)

REPLY to Response to Motion re 64 MOTION for Sanctions against Equal Employment Opportunity Commission and/or Its Attorneys filed by Sanmina-SCI Corporation. (Nelson, Robert) (Entered: 05/26/2006)

MOTION to Withdraw as Attorney by Sanmina-SCI Corporation. (Nelson, Robert) (Entered: 05/26/2006)

MOTION to Withdraw as Attorney by Sanmina-SCI Corporation. (Attachments: # 1 Text of Proposed Order)(Nelson, Robert) (Entered: 05/26/2006)

CADS Sent re 71 Notice of Appeal: Civil Appeals Docketing Statement sent to 9th Circuit on this date. (DMT, ) (Entered: 05/26/2006)

Notice of Appeal Notification Form; Notice of Appeal and copy of docket sheet transmitted to Ninth Circuit and all parties re 71 Notice of Appeal (DMT, ) (Entered: 05/26/2006)

ORDER granting 78 Motion to Withdraw as Attorney; Robert S Nelson shall be withdrawn as counsel for dft in this matter. Signed by Judge Earl H Carroll on 5/30/06. (SBU) (Entered: 05/31/2006)

9th Circuit Case Number 06-15997 for 71 Notice of Appeal. (DMT, ) (Entered: 06/07/2006)

AMENDED ORDER of 9th Circuit, briefing schedule amended, appeal case number 06-15997, as to 71 Notice of Appeal filed by Equal Employment Opportunity Commission (REW, ) (Entered: 08/21/2006)

ORDER of 9th Circuit, appellant shall file opening brief by 1/15/07. Remaining briefing schedule is reset; appeal case number 06-15997, as to 71 Notice of Appeal filed by Equal Employment Opportunity Commission (DMT, ) (Entered: 12/06/2006)

ORDER of 9th Circuit, appeal case number 06-15997, as to 71 Notice of Appeal. The briefing schedule previously set by the court is reset as follows: appellant shall file an opening brief on or before 3/16/07; appellee shall file an answering brief on or before 4/17/07; appellant may file an optional reply brief 4/30/07. (LCF) (Entered: 01/16/2007)

MOTION to Stay re Further Proceedings by Sanmina-SCI Corporation. (Baum, John) (Entered: 01/17/2007)

ORDER deferring ruling on 64 Motion for Sanctions for 60 days; granting 85 Motion to StayStay Deadline set for 3/19/2007, as to the Motion for Sanctions. FURTHER ORDERED setting a status conference for 3/26/07 at 2:30 p.m., to be vacated upon filing a notice of dismissal. Signed by Judge Earl H Carroll on 1/17/07.(LCF) (Entered: 01/18/2007)

MOTION to Withdraw re Pending Motion for Sanctions by Sanmina-SCI Corporation. (Attachments: # 1 Exhibit A)(Baum, John) (Entered: 03/16/2007)

ORDER granting 87 Motion to Withdraw its Motion for Sanctions with prejudice. FURTHER ORDERED vacating the status conference set 3/26/07 at 2:30 p.m. before Judge Carroll. Signed by Judge Earl H Carroll on 3/16/07.(LCF) (Entered: 03/19/2007)

MANDATE of 9th Circuit (Certified Copy), that the motion to dismiss the appeal without prejudice is granted. Appeal is dismissed without prejudice to reinstatement in the event the District Court does not grant in its entirety dft's motion to withdraw dft's pending motion for sanctions. If no notice of reinstatement is filed by 5/31/08, the appeal will be deemed dismissed with prejudice; case number 06-15997, as to 71 Notice of Appeal filed by Equal Employment Opportunity Commission (DMT, ) (Entered: 03/20/2007)