Case: EEOC v. SHOE SHOW OF ROCKY MOUNT, INC.

EEOC v. Shoe Show of Rocky Mount, Inc.

Salter v. Shoe Show, Inc.

EEOC v. Shoe Show of Rocky Mount, Inc.

EEOC v. Shoe Show of Rocky Mount, Inc.

Salter v. Shoe Show, Inc.

Carly Knight, Frank Dobbin, Alexandra Kalev

PRELIMINARY SCHEDULING ORDER entered Rule 26 Meeting Report due by 3/5/2004. Signed by Judge Bert W. Milling Jr. on 1/20/04. Copies to parties(tgw, ) (Entered: 01/20/2004)

Document endorsed NOTED by Judge William H. Steele : Disclosure Statement 8 filed by Shoe Show, Inc. (Steele, William) (Entered: 01/20/2004)

This action has been transferred from the docket of Magistrate Judge Bert W. Milling and is now assigned to the docket of Magistrate Judge Sonja F. Bivins. To insure that your pleadings are referred to the proper Judge and Magistrate Judge with as little delay as possible, please use the letter suffix WS-B after the case number on all future pleadings. (mjn, ) (Entered: 01/30/2004)

RESPONSE TO ORDER TO SHOW CAUSE filed by Shoe Show, Inc, re: 13 Order on Report of Parties Meeting. Ref. to Judge Bivins. (mpp) (Entered: 03/22/2004)

MOTION for Extension of Time to File Report of Parties by Nickeya Betts, Valissa Boykin, Sherree Salter, Gwendolyn Wilson. Referred to Judge Bivins(tgw, ) (Entered: 03/23/2004)

MOTION to Amend Complaint by Nickeya Betts, Valissa Boykin, Sherree Salter, Gwendolyn Wilson. (Attachments: # 1 Proposed Amended Complaint)Referred to Judge Steele(tgw, ) (Entered: 03/23/2004)

Order re: 16 MOTION to Amend Complaint filed by Sherree Salter, Valissa Boykin, Gwendolyn Wilson, Nickeya Betts. Responses due by 4/7/2004 for 16 . Signed by Judge William H. Steele on 3/24/04. Copies to parties(tgw, ) (Entered: 03/24/2004)

ORDER GRANTING 15 Motion for Extension of Time to File Report of Parties. Report of Parties due by 4/21/04. Signed by Judge Sonja F. Bivins on 3/24/04. Copies to parties (tgw, ) (Entered: 03/25/2004)

MOTION to File Second Amended Complaint by Nickeya Betts, Valissa Boykin, Sherree Salter, Gwendolyn Wilson. (Attachments: # 1 Proposed 2nd Amended Complaint)Referred to Judge Steele(tgw, ) (Entered: 04/15/2004)

REPORT of Rule 26(f) Planning Meeting. Ref. to Judge Bivins.(mpp) (Entered: 04/19/2004)

SCHEDULING ORDER: Pretrial Conference set for 4/12/2005 09:00 AM in Chambers before Judge William H. Steele. Amended Pleadings due by 7/13/2004. Discovery cutoff 10/13/2004. Motions due by 11/2/2004. Jury Selection set for 5/3/2005 09:00 AM in Courtroom 2A before Judge William H. Steele. Jury Trial set for 5/3/2005 09:00 AM in Courtroom 2A before Judge William H. Steele. Position Regarding Settlement due by 10/13/2004. Signed by Judge Sonja F. Bivins on 4/20/04. copies to parties (Attachments: # 1 Judge Steele's Pretrial Order)(tgw, ) (Entered: 04/20/2004)

ORDER granting 16 Motion to Amend Complaint. Any party opposing the Motion for Second Amended Compant 19 must file a response by 4/30/04 . Signed by Judge William H. Steele on 4/20/04.Copies to parties 4/21/04 (mbp, ) (Entered: 04/21/2004)

AMENDED COMPLAINT and Jury Demand against Andre Jones, Shoe Show, Inc. , filed by Angela Lett, Casey Thames, Jennifer Salter.(mbp, ) (Entered: 04/21/2004)

ANSWER to Amended Complaint by Shoe Show, Inc.(mbp, ) (Entered: 04/21/2004)

ORDER granting 19 Motion to file 2nd Amended Complaint to add TaHarra Lett as plaintiff. Signed by Judge William H. Steele on 4/28/04. Copies to parties (tgw, ) (Entered: 04/29/2004)

SECOND AMENDED COMPLAINT against all defendants filed by the plaintiffs. TaHarra Lett added as plaintiff.(tgw, ) (Entered: 04/29/2004)

Joint MOTION to Amend Scheduling Order 21 Scheduling Order,, By Plaintiffs (Mike Quinn and Sherrie McKenzie) and by Shoe Show, Inc.. (Waudby, Sally) (Entered: 07/16/2004)

MOTIONS re: 28 Joint MOTION to Amend Scheduling Order 21 Scheduling Order,, By Plaintiffs (Mike Quinn and Sherrie McKenzie) and REFERRED to Judge Bivins 7/16/04 (mbp, ) (Entered: 07/16/2004)

Order GRANTING IN PART DENYING IN PART the 28 Joint MOTION to Amend Scheduling Order. Discovery cutoff 11/29/2004. Motions due by 12/20/2004. Settlement Position due by 11/29/2004. Signed by Judge Sonja F. Bivins on 7/20/04. Copies to parties(tgw, ) (Entered: 07/20/2004)

COMPLAINT against all defendants (Filing fee $ 150.), filed by U.S. Equal Employment Opportunity Commission.(Graham, John) (Entered: 07/29/2004)

REQUEST FOR WAIVER of Service sent to Defendant Shoe Show of Rocky Mount Inc. on August 3, 2004 by U.S. Equal Employment Opportunity Commission. Waiver of Service due by 9/2/2004. (Graham, John) (Entered: 08/04/2004)

WAIVER OF SERVICE Returned Executed by U.S. Equal Employment Opportunity Commission. Shoe Show of Rocky Mount Inc. waiver sent on 8/16/2004, answer due 10/15/2004. (Graham, John) (Entered: 08/18/2004)

Unopposed MOTION for Protective Order by Shoe Show, Inc.. (Attachments: # 1 Proposed Consent Protective Order, # 2 Proposed Qualified Protective Order)(Waudby, Sally) Modified on 8/18/2004 (tgw). (Entered: 08/18/2004)

MOTIONS re: 30 Unopposed MOTION for Protective Order REFERRED to Judge Bivins. (tgw) (Entered: 08/18/2004)

Unopposed MOTION for Protective Order Entry As Amended by Shoe Show, Inc.. (Attachments: # 1 Exhibit Amended Consent Protective Order)(Waudby, Sally) (Entered: 08/19/2004)

AMENDED CONSENT PROTECTIVE ORDER entered. Signed by Judge Sonja F. Bivins on 8/19/04. Copies to parties(tgw) (Entered: 08/19/2004)

QUALIFIED CONSENT PROTECTIVE ORDER entered. Signed by Judge Sonja F. Bivins on 8/19/04. Copies to parties(tgw) (Entered: 08/19/2004)

MOTION to Compel Discovery by Shoe Show, Inc. (Attachments: # 1 Exh. 1, # 2 Exh. 2-5, # 3 Exh. 6 - Part 1, # 4 Exh. 6 - Part 2, # 5 Exh. 7-8, # 6 Exh. 9 - Part 1, # 7 Exh. 9 - Part 2, # 8 Exh. 10)Referred to Judge Bivins(tgw) (Entered: 09/22/2004)

Order re: 34 MOTION to Compel Discovery filed by Shoe Show, Inc., Responses due by 10/1/2004 for 34. Signed by Judge Sonja F. Bivins on 9/21/04. (tgw) (Entered: 09/23/2004)

RESPONSE to Motion 34 MOTION to Compel Discovery filed by Nickeya Betts, Valissa Boykin, Angela Lett, TaHarra Lett, Jennifer Salter, Sherree Salter, Casey Thames, Gwendolyn Wilson. (Quinn, C.) Modified on 9/30/2004 (tgw). (Entered: 09/30/2004)

ANSWER to Complaint and CORPORATE DISCLOSURE STATEMENT filed by Shoe Show of Rocky Mount Inc..(Middlebrooks, David) Modified docket text on 10/1/2004 (mpp). (Entered: 10/01/2004)

Order re: 34 MOTION to Compel Discovery filed by Shoe Show, Inc. and 36 Response to Motion filed by Sherree Salter, Valissa Boykin, Gwendolyn Wilson, Nickeya Betts, Jennifer Salter, Casey Thames, Angela Lett, TaHarra Lett setting MOTION HEARING for 10/20/2004 at 10:00 AM in Courtroom 2C before Magistrate Judge Sonja F. Bivins. Signed by Judge Sonja F. Bivins on 10/14/04. Copies to parties.(mpp) (Entered: 10/14/2004)

MOTION to Consolidate Cases by Nickeya Betts, Valissa Boykin, Angela Lett, TaHarra Lett, Jennifer Salter, Sherree Salter, Casey Thames, Gwendolyn Wilson. (Quinn, C.) (Entered: 10/18/2004)

Order re: The Motion to Consolidate Cases 03-863-WS and 04-494-WS that was filed in Civil Action 03-863-WS (Doc. 38). Responses due by 10/29/2004 and Replies due by 11/6/2004. Signed by Judge William H. Steele on 10/19/04. (tgw) (Entered: 10/19/2004)

Order re: 38 MOTION to Consolidate Cases 03-863-WS and 04-494-WS filed by Sherree Salter, Valissa Boykin, Gwendolyn Wilson, Nickeya Betts, Jennifer Salter, Casey Thames, Angela Lett, TaHarra Lett. Responses due by 10/29/2004 for 38, Replies due by 11/6/2004 for 38. Signed by Judge William H. Steele on 10/19/04. (tgw) (Entered: 10/19/2004)

MOTION to Withdraw 34 MOTION to Compel Discovery , Without Prejudice by Shoe Show, Inc.. (Waudby, Sally) (Entered: 10/19/2004)

Document endorsed NOTED by Judge Sonja F. Bivins : "Corporate Disclosure Statement" 4 filed by Shoe Show of Rocky Mount Inc. (ebf, ) (Entered: 10/20/2004)

ORDER granting the 40 Motion to Withdraw the 34 Motion to Compel and denying as moot the 34 Motion to Compel Discovery. The motion hearing scheduled for 10/20/04 is hereby cancelled. Signed by Judge Sonja F. Bivins on 10/20/04. (tgw) (Entered: 10/20/2004)

RESPONSE to 5 Order filed by U.S. Equal Employment Opportunity Commission. (Byrd, Mildred) (Entered: 10/22/2004)

Consent to MOTION by Plaintiffs to Consolidate filed by Shoe Show of Rocky Mount Inc.. (Waudby, Sally) (Entered: 10/25/2004)

RESPONSE to Motion re: 38 MOTION to Consolidate Cases filed by Shoe Show, Inc.. (Waudby, Sally) (Entered: 10/25/2004)

REFERRAL of DOCUMENT: 42 Response to Motion to Consolidate REFERRED to Judge Steele. NOTE: There is no image for this entry. (mpp) (Entered: 10/25/2004)

ORDER granting 38 Motion to Consolidate. Lead Case No.: 03-863-WS-B, Member Case No.: 04-494-WS-B. All future pleadings to be filed in the Lead Case. The Clerk is directed to extract docs 1 through 8 from 04-0494-WS-B and to make those documents a part of 03-0863-WS-B. Signed by Judge William H. Steele on 11/8/04. (tgw) (Entered: 11/09/2004)

DOCUMENTS EXTRACTED FROM CIVIL ACTION NO. 04-0494-WS-B. (Attachments: # 1 Doc. 1, # 2 Doc. 2, # 3 Doc. 3, # 4 Doc. 4, # 5 Doc. 5, # 6 Doc. 7, # 7 Doc. 8)(tgw) (Entered: 11/09/2004)

Order granting the motion to consolidate (Doc. 38) filed in 03-863-WS-B. Lead Case No.: 03-863-WS-B, Member Case No.: 04-494-WS-B. All future pleadings to be filed in the Lead Case. The Clerk is directed to extract docs 1 through 8 from 04-0494-WS-B and to make those documents a part of 03-0863-WS-B . Signed by Judge William H. Steele on 11/8/04. (tgw) (Entered: 11/09/2004)

Order setting a Discovery Hearing for 11/19/2004 10:00 AM in Courtroom 2C before Magistrate Judge Sonja F. Bivins. Signed by Judge Sonja F. Bivins on 11/10/04. (tgw) (Entered: 11/10/2004)

REPORT of Rule 26(f) Planning Meeting. (Waudby, Sally) (Entered: 11/16/2004)

REFERRAL OF 46 Report of Rule 26(f) Planning Meeting to Judge Bivins. NOTE: There is no image for this entry. (tgw) (Entered: 11/16/2004)

Minute Entry for proceedings held before Judge Sonja F. Bivins : Discovery Hearing held on 11/19/2004. (Court Reporter FTR.) (mjn, ) (Entered: 11/19/2004) 10:30 AM in Chambers before Judge William H. Steele. Amended Pleadings due by 1/14/2005. Discovery cutoff 3/18/2005. Motions due by 5/2/2005. Jury Selection set for 8/2/2005 at 9:00 AM in Courtroom 2A before Judge William H. Steele. Jury Trial set for the month of 8/2005 before Judge William H. Steele. The parties estimate that the trial of this action will take eight (8) days. Position Regarding Settlement due by 3/18/2005. Signed by Judge Sonja F. Bivins on 11/19/04. (Attachments: # 1 Standing Pretrial Order)Copies to parties 11/22/04.(mpp) (Entered: 11/22/2004)

MOTION for Protective Order by Shoe Show, Inc.. (Waudby, Sally) (Entered: 02/03/2005)

REFERRAL OF 48 MOTION for Protective Order to Judge Bivins. NOTE: There is no image for this entry. (tgw, ) (Entered: 02/03/2005)

Order re: 48 MOTION for Protective Order filed by Shoe Show, Inc., stating responses are due by 2/14/2005 & replies are due by 2/18/2005. Signed by Judge Sonja F. Bivins on 2/3/05. Copies to parties 2/4/05.(mpp) (Entered: 02/04/2005)

Joint MOTION to Amend Scheduling Order 47 Scheduling Order,, Extending Remaining Deadlines by 60 Days by Shoe Show, Inc., Andre Jones, U.S. Equal Employment Opportunity Commission, Sherree Salter, Valissa Boykin, Gwendolyn Wilson, Angela Lett, Casey Thames, Jennifer Salter, Nickeya Betts, TaHarra Lett. (Waudby, Sally) (Entered: 02/09/2005)

REFERRAL OF 50 Joint MOTION to Amend Scheduling Order 47 Scheduling Order,, Extending Remaining Deadlines by 60 Days to Judge Bivins. NOTE: There is no image for this entry. (tgw, ) (Entered: 02/09/2005)

RESPONSE to Motion re: 48 MOTION for Protective Order filed by Sherree Salter, Valissa Boykin, Gwendolyn Wilson, Angela Lett, Casey Thames, Jennifer Salter, Nickeya Betts, TaHarra Lett. (Attachments: # 1 Exhibit (Order))(Quinn, C.) (Entered: 02/10/2005)

REFERRAL OF 51 Response to Motion for Protective Order to Judge Bivins. (tgw) (Entered: 02/10/2005)

Notice of Filing Interrogatories and Requests for Production to Defendant filed by U.S. Equal Employment Opportunity Commission.(Graham, John) (Entered: 02/10/2005)

ORDER GRANTING IN PART the 50 Motion to Amend Scheduling Order. Discovery cutoff 4/29/2005. Motions due by 5/31/2005. Position Regarding Settlement due by 4/29/2005. Signed by Judge Sonja F. Bivins on 2/14/05. (tgw) (Entered: 02/15/2005)

MOTION to Strike Plaintiff's Expert Witness Designation by Shoe Show, Inc.. (Waudby, Sally) (Entered: 02/16/2005)

Order re: 54 MOTION to Strike Plaintiff's Expert Witness Designation filed by Shoe Show, Inc. Responses due by 2/25/2005 for 54. Signed by Judge Sonja F. Bivins on 2/16/05. (tgw) (Entered: 02/16/2005)

ORDER denying 48 Motion for Protective Order to the extent it seeks toexclude the named Plaintiffs from attending each others' depositions, and the depositions of the class members. Signed by Judge Sonja F. Bivins on 2/28/05. Copies to parties.(mpp) (Entered: 02/28/2005)

ORDER granting 54 Motion to Strike Plaintiff's Expert Witness Designation. Plaintiff is precluded from offering expert testimony in this case . Signed by Judge Sonja F. Bivins on 3/8/05. (tgw) (Entered: 03/08/2005)

MOTION to Dismiss Claims Against Andre Jones by Shoe Show, Inc.. (Waudby, Sally) (Entered: 03/17/2005)

REFERRAL OF 58 MOTION to Dismiss Claims Against Andre Jones to Judge Steele. (tgw, ) (Entered: 03/17/2005)

Order entered re: 58 MOTION to Dismiss Claims Against Andre Jones filed by Shoe Show, Inc., Response to Motion due by 3/31/2005, Replies due by 4/7/2005. Signed by Judge William H. Steele on 3/17/05. (jlr) (Entered: 03/18/2005)

NOTICE by Shoe Show, Inc. of Service of Discovery Documents (Waudby, Sally) (Entered: 03/18/2005)

ORDER granting 58 Motion to Dismiss filed by Shoe Show. Plaintiffs' claims against defendant Jones are hereby dismissed without prejudice for insufficient service of process pursuant to Rule 12(b)(5), Fed.R.Civ.P.; noncompliance with Rule 4(m), Fed.R.Civ.P.; failure to prosecute; and failure to obey the orders of this Court. Signed by Judge William H. Steele on 4/1/05. Copies to parties 4/4/05. (mpp) (Entered: 04/04/2005)

Notice of Filing Def's Objections to Notice of Depo Duces Tecum filed by Shoe Show, Inc..(Waudby, Sally) (Entered: 04/04/2005)

Notice of Filing Notice of Depositions filed by Shoe Show, Inc..(Waudby, Sally) (Entered: 04/07/2005)

Notice of Filing Deposition Notice filed by U.S. Equal Employment Opportunity Commission.(Graham, John) (Entered: 04/14/2005)

Notice of Filing Response to Requests for Admissions and Answers to Interrogatories filed by U.S. Equal Employment Opportunity Commission.(Graham, John) (Entered: 04/20/2005)

MOTION to Compel by Shoe Show, Inc.. (Attachments: # 1 Exhibit Def's Corres. to Pls.)(Waudby, Sally) (Entered: 04/22/2005)

REFERRAL OF 67 MOTION to Compel to Judge Bivins. (mbp, ) (Entered: 04/22/2005)

NOTICE by Shoe Show, Inc. of Service of Discovery Document - Def.'s 2nd Supplemental Initial Disclosures (Waudby, Sally) (Entered: 04/22/2005)

Notice of Filing Plaintiff Equal Employment Opportunity Commission?s Supplemental Initial Disclosures filed by U.S. Equal Employment Opportunity Commission.(Graham, John) (Entered: 04/26/2005)

MOTION to Withdraw 67 MOTION to Compel Without Prejudice by Shoe Show, Inc.. (Waudby, Sally) (Entered: 04/28/2005)

REFERRAL OF 71 MOTION to Withdraw 67 MOTION to Compel Without Prejudice to Judge Bivins. (tgw, ) (Entered: 04/28/2005)

ENDORSED ORDER granting 71 Motion to Withdraw. The parties have notified the Court that the discovery dispute has been resolved, and therefore the Motion to Compel is moot. The telephone conference set for today is hereby canceled . Signed by Judge Sonja F. Bivins on 4/28/05. (ebf, ) (Entered: 04/28/2005)

Notice of Filing Plaintiff's Supplemental Answers to Defendant's Interrogatories filed by U.S. Equal Employment Opportunity Commission.(Graham, John) (Entered: 04/28/2005)

Notice of Filing Equal Employment Opportunity Commission?s Second Supplemental Initial Disclosures filed by U.S. Equal Employment Opportunity Commission.(Graham, John) (Entered: 04/29/2005)

Position Regarding Settlement Filed Jointly filed by Shoe Show, Inc., Andre Jones, U.S. Equal Employment Opportunity Commission, Sherree Salter, Valissa Boykin, Gwendolyn Wilson, Angela Lett, Casey Thames, Jennifer Salter, Nickeya Betts, TaHarra Lett. (Waudby, Sally) (Entered: 04/29/2005)

REFERRAL OF 75 Position Regarding Settlement to Judge Bivins. (mpp) (Entered: 04/29/2005)

Minute Entry for proceedings held before Judge Sonja F. Bivins : Telephone Conference held on 5/3/2005. (ebf, ) (Entered: 05/03/2005)

ORDER REFERRING CASE to Mediation. Selection of Mediator due by 5/17/2005. Mediation Status due by 6/17/2005. Signed by Judge Sonja F. Bivins on 5/3/05. (Attachments: # 1 Alternative Dispute Resolution Plan)(tgw) (Entered: 05/03/2005)

Order extending the deadline for dispositive motions. Motions due by 6/14/2005. The other deadlines set forth in the Court's Amended Rule 16(b) Scheduling Order (Doc. 47) remain in effect. Signed by Judge Sonja F. Bivins on 5/3/05. (tgw) (Entered: 05/03/2005)

NOTICE by Shoe Show, Inc. Regarding Selection of Mediator (Waudby, Sally) (Entered: 05/13/2005)

REFERRAL OF 78 Notice Regarding Selection of Mediator to Judge Bivins. (mpp) (Entered: 05/13/2005)

NOTICE by Shoe Show, Inc. of Service of Discovery Document (Waudby, Sally) (Entered: 05/25/2005)

Order amending the 47 Scheduling Order. Paragraph 2 of that Order reflects that this action is set for jury selection on August 2, 2005, with trial to follow "sometime during the month of February." For the sake of clarity, the Court amends the Amended Scheduling Order to provide that trial will be held during the month of August 2005 . Signed by Judge William H. Steele on 5/25/05. (tgw) (Entered: 05/25/2005)

MOTION for Extension of Time to File Dispositive Motions by Shoe Show, Inc.. (Waudby, Sally) (Entered: 06/13/2005)

REFERRAL OF 81 MOTION for Extension of Time to File Dispositive Motions to Judge Bivins. (mpp) (Entered: 06/13/2005)

ENDORSED ORDER granting 81 Motion for Extension of Time. Dispositive motions due by 6/27/2005. Signed by Judge Sonja F. Bivins on 6/13/05. (ebf, ) (Entered: 06/13/2005)

MOTION to Clarify /Limit the EEOC's Class by Shoe Show, Inc.. (Attachments: # 1 Exhibit Pltf EEOC's Answers to Def's Int.# 2 Exhibit Depo Excerpts and Exh. of Angela Lett# 3 Exhibit Affidavit of J. W. Manning)(Waudby, Sally) (Entered: 06/14/2005)

REFERRAL OF 83 MOTION to Clarify /Limit the EEOC's Class to Judge Steele. (tgw) (Entered: 06/14/2005)

Order as to Defendant Shoe Show of Rocky Mount, Inc. filed a Motion to Limit the EEOC's Class, doc. 83, Responses due by 6/28/2005 Replies due by 7/5/2005, TUS 7/5/05, as further sets out, Signed by Judge William H. Steele on 6/15/05. copies to all ptys.(jal) (Entered: 06/15/2005)

Joint MOTION for Protective Order By Individual Plaintiffs, Add'l. Named Class Members and Defendant Permitting Confidential Settlement by Shoe Show, Inc.. (Waudby, Sally) (Entered: 06/15/2005)

Order re: 85 Joint MOTION for Protective Order By Individual Plaintiffs, Add'l. Named Class Members and Defendant Permitting Confidential Settlement filed by Shoe Show, Inc. The EEOC is to file a response by 6/29/2005. Movant will be allowed until 7/6/2005 to file a reply. Signed by Judge William H. Steele on 6/16/05. Copies to parties 6/17/05(mbp, ) (Entered: 06/17/2005)

Unopposed MOTION for Extension of Time to File Response by U.S. Equal Employment Opportunity Commission. (Graham, John) (Entered: 06/21/2005)

ORDER GRANTING the 87 Motion for Extension of Time to file a response to defendant's Motion to Limit the EEOC's Class. EEOC's opposition brief must be filed not later than seven calendar days after ruling on the Motion for Protective Order. Shoe Show will be allowed 14 calendar days afterruling on the Motion for Protective Order to submit a reply brief. Signed by Judge William H. Steele on 6/21/05. (tgw) (Entered: 06/22/2005)

REFERRAL OF 87 Unopposed MOTION for Extension of Time to File Response to Judge Steele. (tgw) (Entered: 06/22/2005)