Case: EEOC v. BERNINA OF AMERICA

EEOC v. Bernina of Amer

EEOC v. Bernina of America

EEOC v. Bernina of America

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT; jury demand - Civil cover sheet - Appearance(s) of John C. Hendrickson, Ines M. Monte, Jose Jorge Behar, John A. Knight as attorney(s) for plaintiff ( No summons(es) issued.) ( Documents: 1-1 through 1-3) (mbw) (Entered: 06/22/1999)

WAIVER of service of summons as to defendant sent on 6/21/99 (mbw) (Entered: 07/14/1999)

MINUTE ORDER of 8/19/99 by Hon. David H. Coar : Rule 16(b) scheduling conference set for 10:00 a.m. on 9/24/99 in chambers. The court hereby opts into Rule 16(a)(1) for purposes of this case. Proposed discovery plan pursuant to Rule 26(f) and proposed scheduling order pursuant to Rule 16(b) to be filed in chambers. (See reverse of minute order. See attached forms for report of planning conference and proposed scheduling order.) Mailed notice (mbw) Modified on 08/25/1999 (Entered: 08/24/1999)

ATTORNEY APPEARANCE for defendant by William George Miossi and John E. Bucheit. (mbw) (Entered: 08/23/1999)

ANSWER by defendant to complaint and additional defenses [1-1]. (mbw) (Entered: 08/23/1999)

REPORT of parties planning conference. (mbw) (Entered: 09/29/1999)

SCHEDULE set on 9/24/99 by Hon. David H. Coar : Rule 16(b) scheduling conference held. All disclosures required by Rule 26(a)(1) shall be made on or before 10/1/99. Any amendments to pleadings or actions to join other parties shall be filed on or before 12/31/99. Discovery ordered closed on 4/3/2000. The parties shall disclose expert testimony pursuant to Rule 26(a)(2) on or before 4/17/2000. The parties may depose the other side's expert at any time prior to 5/22/2000. The parties shall disclose any rebuttal expert pursuant to Rule 26(a)(2)(c) at any time prior to 6/5/2000. The parties shall have until 7/3/2000 to depose the opposing party's rebuttal expert. The parties are granted leave to take up to 15 despsitions without leave of court. Motion dispositive is due 5/3/2000 Pretrial order to be submitted on 8/31/2000. Pretrial conference set to 2:00 9/8/2000. Trial set to 10:00 9/25/2000 . Mailed notice (pm) Modified on 09/28/1999 (Entered: 09/28/1999)

AGREED MOTION by plaintiff for entry of agreed protective order and stipulation ; Notice. (mbw) Modified on 12/07/1999 (Entered: 12/03/1999)

SCHEDULE set on 11/29/99 by Hon. David H. Coar : Noticed motion scheduled for 9:15 12/2/99 No notice (pm) (Entered: 11/29/1999)

MINUTE ORDER of 12/2/99 by Hon. David H. Coar : Agreed motion for entry of Agreed Protective Order and Stipulation is granted. [7-1] Enter Agreed Protective Order and Stipulation regarding certain documents or other materials that may be produced in connection with this lawsuit involving financial, medical, personnel, psychological or proprietary information that is confidential and private and labeled as "Confidential" (Entered Agreed Protective Order and Stipulation) No notice (mbw) (Entered: 12/03/1999)

MOTION by defendant for leave to amend answer to add additional defense ; Notice. (mbw) (Entered: 12/27/1999)

SCHEDULE set on 12/15/99 by Hon. David H. Coar : Noticed motion scheduled for 9:15 12/20/99 No notice (pm) (Entered: 12/15/1999)

SCHEDULE set on 12/15/99 by Hon. David H. Coar : Noticed motion scheduled for 9:15 12/21/99 No notice (pm) (Entered: 12/15/1999)

AMENDED ANSWER and additional defenses by defendant to complaint [1-1]. (mbw) (Entered: 12/22/1999)

MINUTE ORDER of 12/21/99 by Hon. David H. Coar : Defendant's motion for leave to amend answer to add additional defense is granted. [10-1] No notice (mbw) (Entered: 12/27/1999)

MINUTE ORDER of 4/17/00 by Hon. David H. Coar : Defendant's motion requesting settlement conference and to extend deadlines is granted [12-1] in part and enied in part. The Court will refer this matter to the Magistrate Judge for settlement. Motion to extend deadlines is denied [12-2]. Mailed notice (fce) (Entered: 04/19/2000)

REFERRAL ORDER of 4/28/00 The case is referred to the Hon. Arlander Keys from Hon. David H. Coar for settlement conference. (For further detail see order.) Mailed notice (fce) (Entered: 05/03/2000)

MOTION by plaintiff for partial summary judgment ; Memorandum in support (Attachments) ; Notice (fce) (Entered: 05/12/2000)

STATEMENT of undisputed facts by plaintiff (fce) (Entered: 05/12/2000)

DECLARATION of Monique Debusmann (Attachments) (fce) (Entered: 05/12/2000)

SCHEDULE set on 5/11/00 by Hon. Arlander Keys : Settlement conference set for 6/14/00 at 10:00 a.m. Unnamed Plaintiffs on whose behalf the EEOC filed the Complaint herein are to be present at the settlement conference. Defendant is directed to have someone in attendance (other than its attorneys) with full authority to settle the case. The parties will exchange settlement proposals with copies thereof sent to the Court by 6/12/00. Mailed notice (vkd) (Entered: 05/11/2000)

MINUTE ORDER of 5/11/00 by Hon. David H. Coar : Answer brief to EEOC's motion for partial summary judgment [15-1] due 5/25/00. Reply to answer brief due 6/1/00. Ruling on EEOC's motion for partial summary judgment [15-1] set for 9:30 a.m. on 6/13/00. Mailed notice (fce) (Entered: 05/12/2000)

DECLARATION of Monique Debusmann (Attachments); Notice of filing. (fce) (Entered: 05/12/2000)

MOTION by plaintiff to reset date for settlement conference (Attachments); Notice of motion (eav) (Entered: 05/24/2000)

MINUTE ORDER of 5/22/00 by Hon. Arlander Keys : Plaintiff's motion to reset date for settlement conference is granted. [20-1] Settlement conference set for 6/14/00 at 10:00 a.m. is stricken. The parties will confer and notify the Court by close of business 5/24/00 as to some mutually agreed upon dates for the settlement conference. The plaintiffs who reside in Illinois will be required to attend the settlement conference in person. Mailed notice (eav) (Entered: 05/24/2000)

MEMORANDUM by Bernina of Amer in opposition to plaintiff's motion for partial summary judgment [15-1] (jmp) (Entered: 05/26/2000)

RULE 56.1(b) RESPONSE by Bernina of Amer to plaintiff's statement of material facts not in dispute (jmp) (Entered: 05/26/2000)

DECLARATION of William Moissi (Attachments) (jmp) (Entered: 05/26/2000)

DECLARATION of William Miossi; Notice (fce) (Entered: 06/01/2000)

REPLY by plaintiff in support of EEOC's motion for partial summary judgment [15-1] ; Declarations of John A. Knight and Monique Debusmann (Attachments); Notice (fce) Modified on 06/05/2000 (Entered: 06/05/2000)

STATEMENT of facts in reply to defendant's statement of additional facts by plaintiff (fce) (Entered: 06/05/2000)

SCHEDULE set on 6/2/00 by Hon. Arlander Keys : Settlement conference set for 7/12/00 at 9:30 a.m. The parties will exchange settlement proposals with copies thereof sent to the Court by 7/10/00. Mailed notice (vkd) Modified on 06/05/2000 (Entered: 06/02/2000)

MINUTE ORDER of 6/13/00 by Hon. David H. Coar : For the reasons stated in the attached memorandum opinion and order, the EEOC's motion for partial summary judgment is granted [15-1]. Entered Memorandum Opinion and Order. No notice (fce) (Entered: 06/13/2000)

ATTORNEY APPEARANCE for plaintiff by Ethan M.M. Cohen; Notice (fce) (Entered: 06/19/2000)

MOTION by plaintiff for leave to file supplemental complaint instanter and to reopen discovery ; Notice (fce) (Entered: 06/22/2000)

MINUTE ORDER of 6/21/00 by Hon. David H. Coar : EEOC's motion for leave to file supplemental complaint instanter [31-1] and to reopen discovery is denied [31-2]. Mailed notice (fce) (Entered: 06/22/2000)

SCHEDULE set on 7/12/00 by Hon. David H. Coar : The parties having settled this case before Judge Keys, a Status hearing is set for 9:30 7/27/00 regading the completion of the settlement papers. Mailed notice (pm) (Entered: 07/12/2000)

MINUTE ORDER of 7/12/00 by Hon. Arlander Keys : Settlement conference held. The parties agreed to the terms of a settlement, which will include the entry of a consent judgment and which will take some time to draft and execute. Plaintiffs estimate that it could take up to approximately 60 days to effectuate and present to the district court. The Court commends all parties for their willingness to compromise in order to settle this case. All matters relating to the referral of this action having been resolved, the case is returned to the assigned judge. Terminating the case referral to Hon. Arlander Keys. Mailed notice (fce) (Entered: 07/13/2000)

SCHEDULE set on 7/27/00 by Hon. David H. Coar : Status hearing held and continued to 9:30 8/22/00. Mailed notice (pm) (Entered: 07/27/2000)

SCHEDULE set on 8/22/00 by Hon. David H. Coar : Status hearing held and continued to 9:30 8/31/00 . Mailed notice (pm) (Entered: 08/24/2000)

SCHEDULE set on 8/31/00 by Hon. David H. Coar : No notice (pm) (Entered: 08/31/2000)

MINUTE ORDER of 9/6/00 by Hon. Arlander Keys : Settlement conference held. The problems regarding the consent decree were resolved. The parties will be able to submit a consent decree to the district court within a week to ten days. Mailed notice (fce) (Entered: 09/08/2000)

MOTION by plaintiff for entry of consent decree ; Notice (fce) (Entered: 10/06/2000)

MINUTE ORDER of 10/5/00 by Hon. David H. Coar : This case is reinstated. Plaintiff's motion for entry of consent decree is granted [36-1]. Bernia will implement a revised policy with respect to sick leave benefits. Bernia will pay $105,000 as monetary relief representing damages to four present or former employees. Bernia will not discriminate on the basis of sex (pregnancy in the futre). This action is closed. Copies of the consent dree given to the parties in court. (Attachments) (Entered Consent Decree, Notice to all Bernina Employees.) Mailed notice (fce) (Entered: 10/06/2000)