1
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COMPLAINT Fee:wv (K. Welch) (Entered: 10/03/2001)
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Sept. 26, 2001
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Sept. 26, 2001
PACER
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2
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MOTION by EEOC to Transfer Case to USDC/ NC - Middle (bsw) (Entered: 09/28/2001)
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Sept. 28, 2001
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Sept. 28, 2001
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3
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ORDER granting [2-1] Motion to Transfer Case to USDC / Middle District of North Carolina. (Signed by Magistrate Judge Carl Horn III) (K. Welch) (Entered: 10/03/2001)
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Sept. 28, 2001
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Sept. 28, 2001
PACER
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**Case assigned to Magistrate Judge ELIASON. AO Code 18AG (K. Welch)
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Oct. 3, 2001
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Oct. 3, 2001
PACER
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Original file, certified copy of transfer order and docket sheet received from the Western District of North Carolina (Statesville) (K. Welch) Modified on 10/17/2001
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Oct. 3, 2001
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Oct. 3, 2001
PACER
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SKELETAL DOCKETING ends here: for COMPLETE docket entries prior to this date, see manual docket sheet. (K. Welch)
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Oct. 3, 2001
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Oct. 3, 2001
PACER
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4
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AMENDED COMPLAINT by EEOC amending [1-1] complaint; jury demand (fe) (Entered: 10/19/2001)
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Oct. 18, 2001
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Oct. 18, 2001
PACER
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5
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WAIVER OF SERVICE OF SUMMONS Returned Executed as to DOLLAR GENERAL CORP. and DOLGENCORP, INC. on 10/29/01. Answer due on 12/28/01 for DOLGENCORP, INC. and for DOLLAR GENERAL CORP. (fe) (Entered: 12/17/2001)
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Dec. 17, 2001
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Dec. 17, 2001
PACER
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6
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ANSWER to Complaint by DOLLAR GENERAL CORP., DOLGENCORP, INC. (Attorney INGRID BLACKWELDER ERWIN) (fe) (Entered: 12/28/2001)
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Dec. 28, 2001
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Dec. 28, 2001
PACER
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CASE AT ISSUE (fe)
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Dec. 28, 2001
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Dec. 28, 2001
PACER
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7
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NOTICE of Hearing: set Initial Pretrial Conference for 9:30 2/21/02 in COURTROOM #3 (WSA) ( before MAG/JUDGE RUSSELL A. ELIASON ). Ccs. dist. (W. Williamson) (Entered: 01/14/2002)
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Jan. 14, 2002
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Jan. 14, 2002
PACER
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8
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MOTION by DOLLAR GENERAL CORP., DOLGENCORP, INC. to Substitute Attorney Matthew Keen and Keith Frazier for Ingrid Erwin (fe) (Entered: 01/30/2002)
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Jan. 30, 2002
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Jan. 30, 2002
PACER
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9
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MOTION by DOLLAR GENERAL CORP., DOLGENCORP, INC. for Ingrid Blackwelder Erwin to Withdraw as Attorney (fe) (Entered: 02/08/2002)
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Feb. 7, 2002
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Feb. 7, 2002
PACER
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Motion(s) referred: [8-1] motion to Substitute Attorney Matthew Keen and Keith Frazier for Ingrid Erwin referred to MAG/JUDGE RUSSELL A. ELIASON [9-1] motion for Ingrid Blackwelder Erwin to Withdraw as Attorney referred to MAG/JUDGE RUSSELL A. ELIASON. (D. Kemp)
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Feb. 12, 2002
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Feb. 12, 2002
PACER
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CASE REFERRED to Mag/Jud Eliason re: proposed Joint Rule 26(f) Report. (W. Williamson)
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Feb. 13, 2002
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Feb. 13, 2002
PACER
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10
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ORDER granting [8-1] motion to Substitute Attorney Matthew Keen and Keith Frazier for Ingrid Erwin terminated attorney INGRID BLACKWELDER ERWIN for DOLGENCORP, INC., attorney INGRID BLACKWELDER ERWIN for DOLLAR GENERAL CORP. Added KEITH D. FRAZIER, CHARLES MATTHEW KEEN. Signed by MAG/JUDGE RUSSELL A. ELIASON Ccs. dist. [EOD Date 2/14/02] (fe) (Entered: 02/14/2002)
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Feb. 14, 2002
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Feb. 14, 2002
PACER
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11
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ORDER granting [9-1] motion for Ingrid Blackwelder Erwin to Withdraw as Attorney. Signed by MAG/JUDGE RUSSELL A. ELIASON Ccs. dist. [EOD Date 2/14/02] (fe) (Entered: 02/14/2002)
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Feb. 14, 2002
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Feb. 14, 2002
PACER
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12
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Joint Rule 26(f) Report and Order setting Discovery cutoff 8/30/02; Notice of Intent to file Dsp.Motions due by 9/9/02; complex case management; mediation should be conducted late in the discovery period, the exact date to be set by the mediator after consultation with the parties; the parties have not yet agreed who will serve as mediator; the parties shall be allowed until 3/1/02 to join additional parties or to amend pleadings; the parties have not agreed to have this case assigned to a Magistrate Judge; JURY TRIAL (signed by MAG/JUDGE RUSSELL A. ELIASON) ETT 3d Ccs. dist. [EOD Date 2/15/02] (fe) (Entered: 02/15/2002)
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Feb. 15, 2002
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Feb. 15, 2002
PACER
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Complex Case (fe)
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Feb. 15, 2002
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Feb. 15, 2002
PACER
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Mediation Hearing set for no later than 8/30/2002. (fe)
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Feb. 15, 2002
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Feb. 15, 2002
PACER
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CASE SELECTED FOR MEDIATION (fe)
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Feb. 15, 2002
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Feb. 15, 2002
PACER
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13
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NOTICE of Hearing: Set Jury Trial for 9:30 April 7, 2003 in UNASSIGNED COURTROOM, Set Trial Brief, etc. deadline to March 18, 2003 . (D. Kemp) (Entered: 03/29/2002)
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March 29, 2002
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March 29, 2002
PACER
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14
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ORDER Appointing Mediator Jonathan R. Harkavy (signed by Clerk). [EOD Date 4/18/02] (J. Wilson) (Entered: 04/18/2002)
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April 17, 2002
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April 17, 2002
PACER
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CASE REFERRED to Mag/Jud Eliason re: proposed Consent Protective Order. (W. Williamson)
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June 26, 2002
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June 26, 2002
PACER
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15
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CONSENT MOTION by DOLLAR GENERAL CORP., DOLGENCORP, INC. to Extend Time for submission of defendants' expert report from 7/1/02 to 7/15/02. (fe) (Entered: 07/01/2002)
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July 1, 2002
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July 1, 2002
PACER
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16
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PROTECTIVE ORDER in RE: Confidential Documents as set out. (signed by MAG/JUDGE RUSSELL A. ELIASON) Ccs. dist. [EOD Date 7/2/02] (fe) (Entered: 07/02/2002)
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July 2, 2002
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July 2, 2002
PACER
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Motion(s) referred: [15-1] motion to Extend Time for submission of defendants' expert report referred to MAG/JUDGE RUSSELL A. ELIASON. (D. Kemp)
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July 2, 2002
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July 2, 2002
PACER
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17
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ORDER granting [15-1] motion to Extend Time to and including 7/15/02 for submission of defendants' expert report (signed by MAG/JUDGE RUSSELL A. ELIASON) [EOD Date 7/5/02] Ccs. Dist. (fe) (Entered: 07/05/2002)
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July 5, 2002
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July 5, 2002
PACER
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18
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JOINT MOTION by EEOC, DOLLAR GENERAL CORP., DOLGENCORP, INC. to Extend Time for discovery to 11/05/02 and to amend the discovery plan. (fe) (Entered: 08/15/2002)
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Aug. 15, 2002
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Aug. 15, 2002
PACER
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Motion(s) referred: [18-1] joint motion to Extend Time for discovery referred to MAG/JUDGE RUSSELL A. ELIASON. (D. Kemp)
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Aug. 16, 2002
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Aug. 16, 2002
PACER
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Mediation Hearing held 8/12/2002. (fe)
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Aug. 16, 2002
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Aug. 16, 2002
PACER
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19
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ORDER granting [18-1] joint motion to Extend Time for discovery, reset Discovery deadline to 10/28/02 ; all motions except motions in limine and motions to continue, shall be filed no later than 30 days after the completion of discovery. Signed by MAG/JUDGE RUSSELL A. ELIASON Ccs. dist. [EOD Date 8/20/02] (fe) (Entered: 08/20/2002)
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Aug. 20, 2002
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Aug. 20, 2002
PACER
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20
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JOINT MOTION by EEOC, DOLLAR GENERAL CORP., DOLGENCORP, INC. to take a deposition after expiration of the discovery period . (fe) (Entered: 10/09/2002)
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Oct. 9, 2002
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Oct. 9, 2002
PACER
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Motion(s) referred: [20-1] joint motion to take a deposition after expiration of the discovery period referred to MAG/JUDGE RUSSELL A. ELIASON. (D. Kemp)
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Oct. 10, 2002
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Oct. 10, 2002
PACER
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21
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ORDER granting [20-1] joint motion to take a deposition after expiration of the discovery period. Signed by MAG/JUDGE RUSSELL A. ELIASON Ccs dist [EOD Date 10/15/02] (L. Simmonds) (Entered: 10/15/2002)
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Oct. 15, 2002
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Oct. 15, 2002
PACER
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22
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Notice of Intent to File Dispositive Motions. Dispositive Motions due by 11/27/02. Filed by EEOC. (fe) (Entered: 11/12/2002)
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Nov. 12, 2002
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Nov. 12, 2002
PACER
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23
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Notice of Intent to File Dispositive Motions. Dispositive Motions due by 11/27/02. Filed by DOLLAR GENERAL CORP., DOLGENCORP, INC. (fe) (Entered: 11/15/2002)
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Nov. 14, 2002
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Nov. 14, 2002
PACER
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24
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MOTION for Summary Judgment dismissing this case in its entirety by defendant DOLLAR GENERAL CORP., defendant DOLGENCORP, INC. (fe) (Entered: 11/29/2002)
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Nov. 27, 2002
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Nov. 27, 2002
PACER
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25
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BRIEF by DOLLAR GENERAL CORP., DOLGENCORP, INC. in support of [24-1] motion for Summary Judgment dismissing this case in its entirety by DOLGENCORP, INC., DOLLAR GENERAL CORP. (fe) (Entered: 11/29/2002)
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Nov. 27, 2002
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Nov. 27, 2002
PACER
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26
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APPENDIX I (located in expandable file) by DOLLAR GENERAL CORP., DOLGENCORP, INC. in support of [24-1] motion for Summary Judgment dismissing this case in its entirety by DOLGENCORP, INC., DOLLAR GENERAL CORP. (fe) (Entered: 11/29/2002)
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Nov. 27, 2002
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Nov. 27, 2002
PACER
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27
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SEALED APPENDIX II by DOLLAR GENERAL CORP., DOLGENCORP, INC. in support of [24-1] motion for Summary Judgment dismissing this case in its entirety by DOLGENCORP, INC., DOLLAR GENERAL CORP. (fe) (Entered: 11/29/2002)
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Nov. 27, 2002
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Nov. 27, 2002
PACER
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28
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MOTION for Summary Judgment pursuant to Rule 56(c) of the FRCvP by plaintiff EEOC. (fe) (Entered: 11/29/2002)
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Nov. 27, 2002
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Nov. 27, 2002
PACER
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29
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MEMORANDUM (pages 2, 10-11 filed under seal) by EEOC in support of [28-1] motion for Summary Judgment pursuant to Rule 56(c) of the FRCvP by EEOC. Exhibits located in expandable file. Exhibits 1-6, 8-9 filed under seal. (fe) Modified on 12/06/2002 (Entered: 11/29/2002)
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Nov. 27, 2002
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Nov. 27, 2002
PACER
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30
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STIPULATION by all parties in re: finding of liability or settlement and monetary relief. (fe) Modified on 12/06/2002 (Entered: 11/29/2002)
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Nov. 27, 2002
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Nov. 27, 2002
PACER
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31
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BRIEF IN OPPOSITION by DOLGENCORP, INC., DOLLAR GENERAL CORP. to [28-1] motion for Summary Judgment pursuant to Rule 56(c) of the FRCvP by EEOC (fe) (Entered: 12/31/2002)
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Dec. 30, 2002
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Dec. 30, 2002
PACER
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32
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MEMORANDUM IN OPPOSITION (with attached exhibits; exhibits A-B sealed) by EEOC to [24-1] motion for Summary Judgment dismissing this case in its entirety by DOLLAR GENERAL CORP., DOLGENCORP, INC. (fe) (Entered: 12/31/2002)
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Dec. 30, 2002
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Dec. 30, 2002
PACER
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33
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REPLY by DOLGENCORP, INC., DOLLAR GENERAL CORP. to response to [24-1] motion for Summary Judgment dismissing this case in its entirety by DOLLAR GENERAL CORP., DOLGENCORP, INC. (fe) (Entered: 01/14/2003)
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Jan. 14, 2003
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Jan. 14, 2003
PACER
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34
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REPLY (with exhibits 24-25 filed under seal) by EEOC to response to [28-1] motion for Summary Judgment pursuant to Rule 56(c) of the FRCvP by EEOC (fe) (Entered: 01/17/2003)
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Jan. 17, 2003
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Jan. 17, 2003
PACER
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Motion submission: [24-1] motion for Summary Judgment dismissing this case in its entirety submitted, [28-1] motion for Summary Judgment pursuant to Rule 56(c) of the FRCvP submitted to Judge Beaty. (D. Kemp)
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Jan. 24, 2003
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Jan. 24, 2003
PACER
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TRIAL CALENDAR mailed to parties for session beginning 04/07/03 at 9:30 a.m. in Gso. (R. Winchester)
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Feb. 6, 2003
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Feb. 6, 2003
PACER
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Deadline Updated; Reset Jury Trial for 9:30 4/7/03 in COURTROOM #3 (GSO) before JUDGE FRANK W. BULLOCK JR. (R. Winchester)
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Feb. 6, 2003
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Feb. 6, 2003
PACER
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35
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NOTICE of Hearing: set Settlement Conference for 2:00 3/20/03 in COURTROOM #3 (GSO) ( before JUDGE FRANK W. BULLOCK JR. ) (D. Mccarty) (Entered: 02/25/2003)
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Feb. 25, 2003
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Feb. 25, 2003
PACER
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36
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NOTICE of Attorney Appearance for EEOC by KERITH COHEN (N. Dickerson) (Entered: 03/04/2003)
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March 4, 2003
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March 4, 2003
PACER
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Deadline Updated; reset Settlement Conference for 10:00 3/18/03 in COURTROOM #3 (GSO) before JUDGE FRANK W. BULLOCK JR. (D. Mccarty)
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March 10, 2003
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March 10, 2003
PACER
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37
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NOTICE of Attorney Appearance for DOLGENCORP, INC., DOLLAR GENERAL CORP. by DEBRA LOYD DEWAR (fe) (Entered: 03/12/2003)
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March 11, 2003
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March 11, 2003
PACER
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Settlement Conference held before JUDGE FRANK W. BULLOCK JR. in GSO; Snyder court reporter. Kara Gibbon Haden, Kerith Cohen, Keith Frazier and Debra Dewar present. Case did not settle. Parties to proceed to trial. (D. Mccarty) Modified on 04/01/2003
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March 18, 2003
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March 18, 2003
PACER
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38
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TRIAL BRIEF by EEOC (D. Mccarty) (Entered: 03/19/2003)
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March 18, 2003
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March 18, 2003
PACER
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39
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Proposed Jury instructions by EEOC (D. Mccarty) (Entered: 03/19/2003)
|
March 18, 2003
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March 18, 2003
PACER
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40
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Proposed Voir Dire Questions by EEOC (D. Mccarty) (Entered: 03/19/2003)
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March 18, 2003
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March 18, 2003
PACER
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41
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Proposed Voir Dire Questions by DOLGENCORP, INC., DOLLAR GENERAL CORP. (D. Mccarty) (Entered: 03/19/2003)
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March 18, 2003
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March 18, 2003
PACER
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42
|
Proposed Special Jury instructions by DOLGENCORP, INC., DOLLAR GENERAL CORP. (D. Mccarty) (Entered: 03/19/2003)
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March 18, 2003
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March 18, 2003
PACER
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43
|
Proposed verdict form by DOLGENCORP, INC., DOLLAR GENERAL CORP. (D. Mccarty) (Entered: 03/19/2003)
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March 18, 2003
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March 18, 2003
PACER
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Motion(s) no longer submitted: [28-1] motion for Summary Judgment pursuant to Rule 56(c) of the FRCvP, [24-1] motion for Summary Judgment dismissing this case in its entirety (fe)
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March 20, 2003
|
March 20, 2003
PACER
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44
|
MEMORANDUM OPINION that the Court must DENY Plaintiff's Motion for Summary Judgment [Document #28] which requests a finding that this element of its prima facie case has been satisfied. For the same reasons, the Court will DENY Defendants' Motion for Summary Judgment [Document #24], which contends that Ms. Bost was not a "qualified individual with a disability". Further, because the Court's finding of the existence of a genuine issue of material fact as to one of the elements of Plaintiff's prima facie case prevents the Court from going beyond the prima facie elements and examining the remaining considerations necessary for Plaintiff to prove discrimination, the Court will further DENY Plaintiff's Motion for Summary Judgment [Document #28] to the extent it requests an overall finding that Defendants violated the ADA. Those remaining considerations, which are associated with McDonnell Douglas proof scheme, are for the finder of fact to decide, if it first determines that Plaintiff has met its prima facie requirement of demonstrating that Ms. Bost was a "qualified individual with a disability" by showing that her accommodation was reasonable. An Order in accord with the Memorandum Opinion shall be filed contemporaneously herewith. (signed by JUDGE JAMES A. BEATY JR.) Ccs. dist. [EOD Date 3/20/03] (fe) Modified on 03/26/2003 (Entered: 03/20/2003)
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March 20, 2003
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March 20, 2003
Clearinghouse
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45
|
ORDER that for the reasons stated in the Memorandum Opinion filed contemporaneously herewith, the Court denies [28-1] motion for Summary Judgment pursuant to Rule 56(c) of the FRCvP and further denies this motion to the extent it requests an overall finding that Defendants violated the ADA, and the Court denies [24-1] motion for Summary Judgment dismissing this case in its entirety. Signed by JUDGE JAMES A. BEATY JR. Ccs. dist. [EOD Date 3/20/03] (fe) (Entered: 03/20/2003)
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March 20, 2003
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March 20, 2003
Clearinghouse
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46
|
Objections to Plaintiff's Pretrial disclosures by defendant DOLGENCORP, INC., defendant DOLLAR GENERAL CORP. (D. Mccarty) Modified on 03/21/2003 (Entered: 03/21/2003)
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March 20, 2003
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March 20, 2003
PACER
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47
|
Objections to defendant's pretrial disclosures by plaintiff EEOC (D. Mccarty) (Entered: 03/21/2003)
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March 21, 2003
|
March 21, 2003
PACER
|
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CASE REPORTED SETTLED by KERITH COHEN Dismissal Order due 5/4/03 (D. Mccarty)
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April 4, 2003
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April 4, 2003
PACER
|
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CASE REFERRED to Judge Bullock with proposed settlement agreement and order of dismissal. (D. Mccarty)
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May 6, 2003
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May 6, 2003
PACER
|
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CASE NO LONGER REFERRED to Judge. (fe)
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May 8, 2003
|
May 8, 2003
PACER
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48
|
SETTLEMENT AGREEMENT AND ORDER OF DISMISSAL that Dollar General agrees to pay Forty-Five Thousand Dollars ($45,000.00) to the Bobbie E. Bost Special Needs Trust in settlement of her claim for damages, subject to the terms set forth in a separate agreement entered into between Dollar General and Bobbie Bost's legal guardian, who is represented by private counsel. The parties agree that this sum does not represent back pay. The check will be made payable to the Bobbie E. Bost Special Needs Trust and will be mailed to Mary Bost, whose address will be provided by the EEOC in a separate correspondence, within 15 days after the entry of this order, etc as set out. (Signed by Judge Frank W. Bullock, Jr.) Ccs. dist. (fe) Modified on 05/12/2003 (Entered: 05/08/2003)
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May 8, 2003
|
May 8, 2003
Clearinghouse
|
|
CASE CLOSED. Closing Code 8e (fe)
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May 8, 2003
|
May 8, 2003
PACER
|
49
|
Exhibit Letter - Local Rule 83.5 as to all Counsel of record. (Attachments: # 1 Receipt of Material)(Welch, Kelly) (Entered: 03/15/2006)
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March 15, 2006
|
March 15, 2006
PACER
|
50
|
MOTION to Withdraw Sealed Documents by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. Responses due by 4/21/2006 (Attachments: # 1 Text of Proposed Order Granting Motion to Withdraw Sealed Documents)(HADEN, KARA) (Entered: 03/29/2006)
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March 29, 2006
|
March 29, 2006
PACER
|
|
***Motions Submitted: 50 MOTION to Withdraw Sealed Documents to Judge JAMES A. BEATY JR.- (Kemp, Donita)
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March 29, 2006
|
March 29, 2006
PACER
|
51
|
ORDER granting EEOC's 50 motion for permission to withdraw certain sealed documents; the Clerk is to return the documents to EEOC as set out; Signed by Judge JAMES A. BEATY JR. on 3/30/06 (McKenzie, Keayba) Modified on 4/3/2006 to reflect SEALED DOCUMENTS returned by mail to KARA GIBBON HADEN, EEOC, 129 W. TRADE ST., STE. 400, CHARLOTTE, NC 28202 (Welch, Kelly). (Entered: 03/30/2006)
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March 30, 2006
|
March 30, 2006
PACER
|