Case: EEOC v. FIRST TENNESSEE BANK

EEOC v. First Tennessee Bank

EEOC v. First Tennessee Bank

EEOC v. First Tennessee Bank

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT (NO Summons(es) issued) (dlt) (Entered: 06/03/2004)

NOTICE of Initial Case Management Conference: Case referred to Magistrate Judge E. C. Knowles ; Case Management Conference set for 11:00 a.m. on 7/19/04 . (dlt) (Entered: 06/03/2004)

ORDER by Magistrate Judge E. C. Knowles: Case management conference reset for 11:30 on 7/12/04. EOD 6/22/04 (cc: all counsel) (gi) (Entered: 06/22/2004)

WAIVER OF SERVICE mailed upon deft First Tennessee Bank on 6/15/04 (dlt) (Entered: 07/06/2004)

PROPOSED Joint Case Management Order (dlt) (Entered: 07/07/2004)

MOTION by Barbara L. Johnson to intervene as a party pltf (w/attached complaint to intervene) (gi) (Entered: 07/11/2004)

CLERK'S RESUME: Initial Case Management Conference held 7/12/04. Motion to intervene granted; proposed case management order submitted; ddls discussed; CMO to be amended and resubmitted within two week. Order to enter. Tape No. 2004-44 MK (jb) (Entered: 07/16/2004)

ORDER by Magistrate Judge E. C. Knowles granting motion to intervene as a party pltf [5-1] w/o opposition (cc: all counsel) (EOD 7/16/04) (jb) (Entered: 07/16/2004)

COMPLAINT TO INTERVENE by intervenor pltf Barbara L. Johnson (jb) (Entered: 07/16/2004)

UNOPPOSED MOTION by deft for leave to file two motions for summary judgment (w/proposed order) (jb) (Entered: 08/09/2004)

MEMORANDUM by deft First Tennessee Bank in support of unopposed motion for leave to file two motions for summary judgment [9-1] (jb) (Entered: 08/09/2004)

ANSWER by deft First Tennessee Bank National Association, improperly sued herein as First Tennessee Bank to complaint to intervene [8-1] (jb) (Entered: 08/10/2004)

ORDER by Judge John T. Nixon GRANTING motion for leave to file two motions for summary judgment [9-1]; deft must file the FIRST motion for summary judgment by 11/9/04 and any SECOND motion must be filed by the deadline for filing dispositive motions set in Court's scheduling Order. (cc: all counsel) EOD 8/30/04 (hv) (Entered: 08/30/2004)

PROPOSED Amended Case Management Order #1 (jb) (Entered: 09/22/2004)

AMENDED CASE MGT ORDER by Magistrate Judge E. C. Knowles ; Amended pleadings ddl 11/9/04; Discovery deadline 2/28/05 ; Motion filing deadline 3/31/05 (cc: counsel) EOD 9/24/04 (hv) (Entered: 09/24/2004)

ATTORNEY APPEARANCE for pltf EEOC by Sally Ramsey (dlt) (Entered: 10/28/2004)

FIRST MOTION by deft First Tennessee Bank for summary judgment . (dlt) (Entered: 11/09/2004)

MEMORANDUM by deft First Tennessee Bank in support of motion for summary judgment [16-1]. (w/ attachments) (dlt) (Entered: 11/09/2004)

STATEMENT of undisputed facts by deft First Tennessee Bank in support of [16-1]. (w/ att'd exhibits A-E) (dlt) (Entered: 11/09/2004)

AFFIDAVIT of Linda Bacon re [18-1]. (dlt) (Entered: 11/09/2004)

MOTION by pltf EEOC for leave to file amended complaint . (w/ att'd proposed amended complaint) (dlt) (Entered: 11/30/2004)

MEMORANDUM by pltf EEOC in support of motion for leave to file amended complaint [20-1]. (w/ att'd exhibit A) (dlt) (Entered: 11/30/2004)

PROPOSED Order to grant the pltf's mtn for leave to file first amended complaint. (dlt) (Entered: 11/30/2004)

RESPONSE & MEMORANDUM OF LAW IN OPPOSITION by pltf EEOC to motion for summary judgment [16-1]. (w/ att'd exhibits 1-13) (dlt) (Entered: 11/30/2004)

ORDER by Judge John T. Nixon: Order of recusal and reassigned to Judge William J. Haynes Jr. (cc: all counsel)(EOD 12/8/04) (dlt) (Entered: 12/08/2004)

RESPONSE by intervenor pltf Barbara L. Johnson to motion for summary judgment [16-1]. (dlt) Modified on 01/13/2005 (Entered: 12/21/2004)

STATEMENT of undisputed facts by intervenor pltf Barbara L. Johnson in support of [23-1]. (contained w/in the body of the response to first mtn for summary judgment) (dlt) (Entered: 01/13/2005)

MEMORANDUM by deft First Tennessee Bank in support of motion for leave to file a reply to pltf's response to deft's first mtn for summary judgment [25-1]. (dlt) (Entered: 12/10/2004)

ORDER by Judge William J. Haynes Jr.: Motion for leave to file a reply to pltf's response to deft's first mtn for summary judgment [25-1] is granted. Deft will file its reply w/in 10 days of entry of this Order. EOD 12/13/04 (cc: all counsel) (dlt) (Entered: 12/13/2004)

MOTION by pltf EEOC to modify scheduling order . (w/ att'd proposed order) (dlt) (Entered: 12/14/2004)

MEMORANDUM OF LAW by pltf EEOC in support of motion to modify scheduling order [28-1]. (dlt) (Entered: 12/14/2004)

ORDER by Judge William J. Haynes Jr. granting motion to modify scheduling order [28-1]: Discovery ddl reset for 5/31/05; dispositive mtn filing ddl reset for 6/30/05; pltf's expert report reset for 3/17/05; deft's expert disclosure reset for 4/18/05; ADR meeting reset for 4/15/05; Jury trial reset for 11/22/05 . EOD 12/15/04 (cc: all counsel) (dlt) (Entered: 12/15/2004)

RESPONSE by deft First Tennessee Bank to pltf/intervenor Johnson's stmt of undisputed facts [23-1]. (w/ att'd exhibits A-C) (dlt) Modified on 03/11/2005 (Entered: 01/13/2005)

REPLY by deft First Tennessee Bank to response to motion for summary judgment [16-1]. (w/ attachments) (dlt) Modified on 03/11/2005 (Entered: 12/27/2004)

MOTION by deft First Tennessee Bank to compel intervenor Barbara Johnson to execute an Employment REcords Authorization form and a Medical Records Authorization form . (w/ att'd proposed order) (dlt) Modified on 03/11/2005 (Entered: 01/03/2005)

MEMORANDUM by deft First Tennessee Bank in support of motion to compel intervenor Barbara Johnson to execute an Employment Records Authorization form and a Medical Records Authorization form [33-1]. (w/ att'd exhibits A-F) (dlt) Modified on 03/11/2005 (Entered: 01/03/2005)

CERTIFICATE OF CONSULTATION by deft First Tennessee Bank regarding mtn to compel. (dlt) Modified on 03/11/2005 (Entered: 01/03/2005)

ORDER by Judge William J. Haynes Jr.: Deft's motion to compel intervenor Barbara Johnson to execute an Employment Records Authorization form and a Medical Records Authorization form [33-1] is denied w/o prejudice. Deft & pltfs shall file a joint discovery stmt in accordance w/ the Case Management Order. EOD 1/4/05 (cc: all counsel) (dlt) Modified on 03/11/2005 (Entered: 01/04/2005)

MOTION by deft First Tennessee Bank to determine the sufficiency of pltf's responses to requests for admission & for sanctions . (w/ att'd proposed order) (dlt) (Entered: 04/08/2005)

JOINT STATEMENT of matters at issue in discovery dispute in support of [37-1]. (dlt) (Entered: 04/08/2005)

CERTIFICATE by deft First Tennessee Bank of Consultation regarding deft's mtn to determine the suffieiency of pltf's response to requests for admission & for sanctions. (dlt) (Entered: 04/08/2005)

JOINT MOTION for modification of Rule 16(b) scheduling order . (w/ att'd proposed order) (dlt) (Entered: 04/15/2005)

MEMORANDUM in support of joint motion for modification of Rule 16(b) scheduling order [41-1] (dlt) (Entered: 04/15/2005)

ORDER by Judge William J. Haynes Jr. GRANTING motion for modification of Rule 16(b) scheduling order [41-1]: Discovery deadline extended to 8/29/05 ; Motion filing deadline extended to 9/28/05 ;pretrial conference RESCHEDULED for 3:00 1/20/06 ; Jury trial RESCHEDULED for 9:00 1/31/06 (cc: all counsel) EOD 4/18/05 (hv) (Entered: 04/18/2005)

MOTION by pltf EEOC to hold in abeyance deft's mtn to determin the sufficiency of pltf's responses to requests for admission and for sanctions pending a ruling on deft's first mtn for summary judgment . (w/ att'd proposed order) (dlt) Modified on 04/21/2005 (Entered: 04/21/2005)

MEMORANDUM by pltf EEOC in support of motion to hold in abeyance deft's mtn to determin the sufficiency of pltf's responses to requests for admission and for sanctions pending a ruling on deft's first mtn for summary judgment [44-1]. (w/ attachments) (dlt) (Entered: 04/21/2005)

ORDER by Judge William J. Haynes Jr.: Pltf's motion to hold in abeyance deft's mtn to determin the sufficiency of pltf's responses to requests for admission and for sanctions pending a ruling on deft's first mtn for summary judgment [44-1] is granted. EOD 4/21/05 (cc: all counsel) (dlt) (Entered: 04/21/2005)

JOINT MOTION to amend scheduling order as to trial date . (w/ att'd proposed order) (dlt) (Entered: 04/27/2005)

MEMORANDUM in support of joint motion to amend scheduling order as to trial date [47-1]. (dlt) (Entered: 04/27/2005)

ORDER by Judge William J. Haynes Jr.: Joint motion to amend scheduling order as to trial date [47-1] is granted. Counsel has 10 days to submit an Agreed Order w/ a new trial date. EOD 4/28/05 (cc: all counsel) (dlt) (Entered: 04/28/2005)

MOTION by deft First Tennessee Bank for reconsideration of the Court's Order granting pltf's mtn to hold in aveyance deft's mtn to determine the sufficiency of pltf's response to requests for admission & for sanctions . (w/ att'd proposed order) (dlt) (Entered: 05/04/2005)

MEMORANDUM by deft First Tennessee Bank in support of motion for reconsideration of the Court's Order granting pltf's mtn to hold in aveyance deft's mtn to determine the sufficiency of pltf's response to requests for admission & for sanctions [50-1]. (dlt) (Entered: 05/04/2005)

PROPOSED Agreed Order resetting trial date (dlt) (Entered: 05/11/2005)

AGREED ORDER by Judge William J. Haynes Jr.: Jury trial reset for 9:00 a.m. on 4/18/06 and pretrial conference reset for 3:00 p.m. on 4/7/06 . EOD 5/12/05 (cc: all counsel) (dlt) (Entered: 05/12/2005)

PROPOSED AGREED PROTECTIVE ORDER (dt, ) (Entered: 07/01/2005)

MOTION for Attorney Fees and Costs by First Tennessee Bank. Responses due by 8/1/2005 (Fogerty, Whitney) (Entered: 07/13/2005)

MEMORANDUM in Support of 54 MOTION for Attorney Fees and Costs filed by First Tennessee Bank. (Attachments: # 1 Supplement Case Law# 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D)(Fogerty, Whitney) (Entered: 07/13/2005)

Joint MOTION to Amend/Correct [43] Order,,, ADR Face-to-Face Meeting Deadline by Equal Employment Opportunity Commission. Responses due by 8/1/2005 (Ramsey, Sally) (Entered: 07/13/2005)

STATEMENT of facts. (Fogerty, Whitney) (Entered: 07/13/2005)

MEMORANDUM in Support of 56 Joint MOTION to Amend/Correct [43] Order,,, ADR Face-to-Face Meeting Deadline filed by Equal Employment Opportunity Commission. (Ramsey, Sally) (Entered: 07/13/2005)

Proposed Order GRANTING DEFENDANT'S MOTION FOR COSTS AND FEES by First Tennessee Bank. (Fogerty, Whitney) Modified Text on 7/14/2005 (dt). (Entered: 07/13/2005)

NOTICE by Equal Employment Opportunity Commission re 56 Joint MOTION to Amend/Correct [43] Order,,, ADR Face-to-Face Meeting Deadline (Ramsey, Sally) (Entered: 07/14/2005)

EMAIL NOTIFICATION sent to Attorneys Whitney Fogerty and Sally Ramsey re: Proposed Orders submitted without being attached to the motions, DE#'s 59 & 60. (dt) (Entered: 07/14/2005)

AGREED PROTECTIVE ORDER. Signed by Judge William J. Haynes on 7/13/05. (dt, ) (Entered: 07/14/2005)

ORDER granting 56 Motion to Amend ADR Face-to-Face Meeting Deadline. Signed by Judge William J. Haynes on 7/18/05. (dt) (Entered: 07/19/2005)

ORDER Granting Parties' Joint Motion to Amend ADR Face-to Face Meeting Deadline. The deadline for ADR Face-to-Face meeting is extended until 8/26/05. Signed by Judge William J. Haynes on 7/21/05. (dt) (Entered: 07/22/2005)

ORDER granting [20] Motion for leave to file amended complaint. Signed by Judge William J. Haynes on 7/525/05. (dt) (Entered: 07/26/2005)

RESPONSE in Opposition re 54 MOTION for Attorney Fees and Costs Plaintiff's Response and Memorandum of Law in Opposition to Defendant's Motion for Costs and Fees filed by Equal Employment Opportunity Commission. (Attachments: # 1 # 2 # 3 Exhibit No. 1# 4 Exhibit No. 2# 5 Exhibit No. 3# 6 Exhibit No. 4# 7 Exhibit No. 5)(Ramsey, Sally) (Entered: 07/26/2005)

ORDER denying w/o prejudice [16] Motion for Summary Judgment . Signed by Judge William J. Haynes on 8/1/05. (dt) (Entered: 08/03/2005)

First MOTION for Leave to Leave to File Reply re 65 Response in Opposition to Motion, by First Tennessee Bank. Responses due by 8/29/2005 (Attachments: # 1 Exhibit Reply Brief)(Fogerty, Whitney) (Entered: 08/12/2005)

MEMORANDUM in Support of 67 First MOTION for Leave to Leave to File Reply re 65 Response in Opposition to Motion, filed by First Tennessee Bank. (Fogerty, Whitney) (Entered: 08/12/2005)

Additional Attachments to Main Document re: 67 First MOTION for Leave to Leave to File Reply re 65 Response in Opposition to Motion,. (Fogerty, Whitney) (Entered: 08/12/2005)

EMAIL NOTIFICATION sent to Atty Whitney Fogerty re submission of Additional Attachments which contained a Proposed Order. Proposed Order should be attachments to the Motion. (dt) (Entered: 08/15/2005)

ORDER granting 67 Motion for Leave to file a reply to plaintiff's response in opposition to defendant's motion for costs and fees. Signed by Judge William J. Haynes on 8/15/05. (dt) (Entered: 08/17/2005)

JOINT MOTION for Modification of Scheduling Order by First Tennessee Bank. Responses due by 9/6/2005 (Attachments: # 1 Text of Proposed Order Proposed Order)(Fogerty, Whitney) Modified Text on 8/19/2005 (dt). (Entered: 08/19/2005)

MEMORANDUM in Support of 71 JOINT MOTION for Modification of Scheduling Order filed by First Tennessee Bank. (Fogerty, Whitney) Modified Text on 8/19/2005 (dt). (Entered: 08/19/2005)

Joint MOTION for Settlement Schedule Settlement Conference by Equal Employment Opportunity Commission. Responses due by 9/8/2005 (Attachments: # 1 Text of Proposed Order)(Ramsey, Sally) (Entered: 08/22/2005)

ORDER granting 71 Motion for Modification of Rule 16(b) Scheduling Order . Discovery ddl reset for 10/13/05, Dispositive Motion filing ddl reset for 11/11/05, and Ddl for conducting a face-to-face ADR shall be 9/23/05. Signed by Judge William J. Haynes on 8/24/05. (dt) (Entered: 08/25/2005)

ORDER granting 73 Motion for Settlement . Signed by Judge William J. Haynes on 8/24/05. (dt) (Entered: 08/25/2005)

ORDER: Settlement Conference set for 9/7/2005 at 10:00 AM in Courtroom 776 before Magistrate Judge Joe Brown. By 12:00 noon on 9/2/05, plaintiff and defendant shall deliver under seal, ex parte, separate settlement conference statements which shall specify their respective settlement positions. Parties shall exchange offers and demands at least 3 working days prior to the 9/7/05 conference. Signed by Judge Joe Brown on 8/26/05. (dt) (Entered: 08/29/2005)

ORDER: Settlement conference held 9/7/05; Parties unable to reach a settlement; Clerk is directed to return the file to the District Judge . Signed by Judge Joe Brown on 9/12/05. (km, ) (Entered: 09/12/2005)

RENEWED MOTION for Summary Judgment by First Tennessee Bank. Responses due by 10/11/2005 (Fogerty, Whitney) Modified Text on 9/16/2005 (dt). (Entered: 09/16/2005)

REPLY to Response to Motion re 54 MOTION for Attorney Fees and Costs 65 Response in Opposition to Motion, Defendant's Reply filed by First Tennessee Bank. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Fogerty, Whitney) Modified Text on 9/23/2005 (dt). (Entered: 09/19/2005)

RESPONSE to 79 RENEWED MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Unreported Case (Applegate)# 2 Exhibit Unreported Case (Odd Fellow)# 3 Exhibit Unreported Case (Sears))(Ramsey, Sally) Modified Text on 10/3/2005 (dt). (Entered: 09/30/2005)

ORDER DISMISSING CASE: Court has been advised by counsel that all remaining matters and things in controversy in this action have been compromised and settled. This action is dismissed w/o prejudice. The pending motions (DE# 37, 50, 54 & 79) are denied as moot. Signed by Judge William J. Haynes on 10/13/05. (dt) (Entered: 10/13/2005)

Docket entry number 82 is hereby entered on the docket in compliance with Rule 58 and/or Rule 79(a) of the Federal Rules of Civil Procedure on 10/13/05 by DT. (dt) (Entered: 10/13/2005)

Joint MOTION Granting Joint Motion for Rule 60(b)(6) Relief by Equal Employment Opportunity Commission. Responses due by 11/3/2005 (Attachments: # 1 Proposed Order Granting Joint Motion for Rule 60(b)(6) Relief)(Ramsey, Sally) (Entered: 10/17/2005)

ORDER granting 84 Motion Rule 60(b)(6) Relief from Order of Dismissal. Signed by Judge William J. Haynes on 10/18/05. (dt) (Entered: 10/18/2005)

Final MOTION Enforce Settlement Agreement by Equal Employment Opportunity Commission. Responses due by 11/28/2005 (Attachments: # 1)(Ramsey, Sally) (Entered: 11/09/2005)

MEMORANDUM in Support of 86 Final MOTION Enforce Settlement Agreement filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A - Settlement Agreement 10-6-05)(Ramsey, Sally) (Entered: 11/09/2005)

RESPONSE to Motion re 86 Final MOTION Enforce Settlement Agreement filed by First Tennessee Bank. (Attachments: # 1 Exhibit A - Agreement# 2 Exhibit B - Fax# 3 Exhibit C - Ltr)(Fogerty, Whitney) (Entered: 11/15/2005)

ORDER: Status Conference set for 12/9/2005 at 2:00 PM in Courtroom A859 before District Judge William J. Haynes. Signed by Judge William J. Haynes on 11/22/05. (dt) (Entered: 11/29/2005)

ORDER granting 89 Motion for Extension of Time to File Reply to 86 Final MOTION Enforce Settlement Agreement; Replies due by 12/9/2005. Signed by Judge William J. Haynes on 11/29/05. (dt) (Entered: 11/29/2005)

MOTION to Continue Status Conference by First Tennessee Bank. Responses due by 12/27/2005 (Fogerty, Whitney) (Entered: 12/08/2005)

REPLY to Response to Motion re 86 Final MOTION Enforce Settlement Agreement Intervenor Plaintiff's Reply To Defendant's Response To Plaintiffs' Motion to Enforce Settlement Agreement filed by Barbara L. Johnson. (Henard, Branch) (Entered: 12/08/2005)

ORDER granting 92 MOTION to Continue Status Conference filed by First Tennessee Bank. Status Conference reset for 12/16/2005 11:00 AM before District Judge William J. Haynes. Signed by Judge William J. Haynes on 12/8/05. (km, ) (Entered: 12/09/2005)

PROPOSED SETTLEMENT AGREEMENT by Equal Employment Opportunity Commission. (Ramsey, Sally) Modified Text on 12/16/2005 (dt). (Entered: 12/16/2005)

Docket Entry #95 Proposed Settlement Agreement. Pursuant to Administrative Order No. 167 on Electronic Case Filing Practices and Procedures, Section 5.08, Proposed Orders should be included as an attachment to an electronically filed motion or other request for relief. If the Court orders that counsel submit a proposed order, it should be submitted as an attachment to a Notice of Filing. (dt) (Entered: 12/16/2005)

ORDER: Based upon the statements of parties' counsel, this action has been settled and compromised. This action is dismissed with prejudice . Signed by Judge William J. Haynes on 12/19/05. (gi, ) (Entered: 12/20/2005)

ORDER denying as moot 86 motion to enforce settlement agreement . Signed by Judge William J. Haynes on 12/19/05. (gi, ) (Entered: 12/20/2005)