Case: EEOC v. ROBERTSON CHEATHAM FARMERS CORPORATION

EEOC, et al v. Robertson Cheatham

EEOC v. Robertson Cheatham Farmers Cooperative

No Court

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT; no summons issued at this time (rls) (Entered: 04/02/2001)

NOTICE of Initial Case Management Conference: Case referred to Magistrate Judge E. C. Knowles ; Case Management Conference set for 10:00 on 6/11/01 (rls) (Entered: 04/04/2001)

ATTORNEY APPEARANCE for deft Robertson Cheatham by Charles R. Ray and Jeffery S. Frensley (rls) (Entered: 04/12/2001)

ANSWER by deft Robertson Cheatham County Farmer's Cooperative to complaint [1-1]; jury demand (rls) Modified on 04/12/2001 (Entered: 04/12/2001)

MOTION by deft Robertson Cheatham County Farmer's Cooperative to strike reference to conciliation in the complaint (rls) (Entered: 04/12/2001)

MEMORANDUM of Authorities by deft Robertson Cheatham County Farmer's Cooperative in support of motion to strike reference to conciliation in the complaint [5-1] (rls) (Entered: 04/12/2001)

RESPONSE by pltf EEOC to deft's motion to strike reference to conciliation in the complaint [5-1] (rls) (Entered: 04/20/2001)

MEMORANDUM by pltf EEOC in support of motion response [7-1] (rls) (Entered: 04/20/2001)

MOTION by deft Robertson-Cheatham County Farmer's Co-Operative to amend its answer [4-1] (rls) (Entered: 04/26/2001)

MEMORANDUM by deft Robertson-Cheatham County Farmer's Co-Operative in support of motion to amend its answer [4-1] [9-1] (rls) (Entered: 04/26/2001)

AFFIDAVIT of Charles R. Ray in support of motion to amend [9-1] (rls) (Entered: 04/26/2001)

ORDER by Magistrate Judge E. C. Knowles denying motion to strike reference to conciliation in the complaint [5-1] all counsel) (EOD 5/3/01) (rls) (Entered: 05/03/2001)

MOTION by deft Robertson-Cheatham County Farmer's Co-Operative for review of Magistrate Judge's ruling [12-1] ; w/attachment (rls) (Entered: 05/14/2001)

CLERK'S RESUME: Initial Case Management Conference held on 6/11/01 ; Proposed Case Management Order submitted. Order to enter. (rls) (Entered: 06/13/2001)

REPORT of parties' Rule 26(f) planning meeting (rls) (Entered: 06/13/2001)

INITIAL JOINT CASE MANAGEMENT ORDER by Magistrate Judge E. C. Knowles: Ddl for completing written discovery is set for 3/11/02; Dispositive motion filing ddl is set for 5/13/02 ; responses thereto to be filed by 6/12/02, or 30 days after the filing of the motion, whichever is earlier; replies to be filed by 6/22/02, or 10 days after the filing of the response, whichever is earlier. (cc: all counsel) (EOD 6/13/01) (rls) Modified on 06/13/2001 (Entered: 06/13/2001)

NOTICE by deft Robertson Cheatham of deft's Privilege Log (rls) (Entered: 07/05/2001)

ORDER by Judge Robert L. Echols: Presently pending before the Court is deft's motion for review of Magistrate Judge's ruling [12-1] [13-1]. For the reasons set forth in this order, the Magistrate Judge's order denying deft's motion to strike reference to conciliation in the complaint [12-1] is hereby affirmed. (cc: all counsel) (EOD 7/12/01) (rls) (Entered: 07/12/2001)

NOTICE by deft Robertson Cheatham County Farmer's Cooperative of taking the deposition of Jesse W. Markham on 1/17/02; w/attached subpoena (rls) (Entered: 11/13/2001)

SUBPOENA issued to: Jesse W. Markham (rls) (Entered: 11/13/2001)

ATTORNEY APPEARANCE for pltf EEOC by Lawrence "Ken" R. Kenyon II (rls) (Entered: 01/03/2002)

NOTICE by deft Robertson-Cheatham County Farmer's Co-Operative of taking the deposition of Jesse Walter Markham on 2/11/02 (rls) (Entered: 01/25/2002)

RETURN OF SERVICE of subpoena executed on Vick Edwards on 1/25/02 by USMS personal service (rls) (Entered: 01/29/2002)

RETURN OF SERVICE of subpoena executed on Chuck Earheart on 1/25/02 by USMS by personal service (rls) (Entered: 01/29/2002)

RETURN OF SERVICE of subpoena executed on Robertson Cheatham Farmers Cooperative on 1/25/02 by USMS by personal service (rls) (Entered: 01/29/2002)

RETURN OF SERVICE of subpoena executed on Rex Kimbro on 1/25/02 by USMS by personal service (rls) (Entered: 01/29/2002)

RETURN OF SERVICE of subpoena executed on Brian Albright on 1/25/02 by USMS by personal service (rls) (Entered: 01/29/2002)

RETURN OF SERVICE of subpoena executed on Glenn Toothman on 1/25/02 by USMS by personal service (rls) (Entered: 01/29/2002)

RETURN OF SERVICE of subpoena unexecuted - attempted as to Keith Hunter; Wrong address (rls) (Entered: 02/08/2002)

PROPOSED Agreed Protective Order submitted by all parties (rls) (Entered: 02/14/2002)

AGREED PROTECTIVE ORDER by Magistrate Judge E. C. Knowles: All of Robertson Cheatham Farmers Cooperative federal and state tax returns for the tax years 1997 to present, quarterly earnings information, and annual financial reports from 1/1/97 to present, shall be under protective order and kept strictly confidential. All such records may be divulged only to the attorneys of record, the parties, potential or actual witnesses, or the Court. Any and all copies of the records specified shall be returned to the producing party or destroyed at the conclusion of this pending litigation. (cc: all counsel) (EOD 2/21/02) (rls) (Entered: 02/21/2002)

SUPPLEMENTAL MOTION by deft to amend answer (w/amended answer attached) (gi) (Entered: 02/25/2002)

MEMORANDUM by deft in support of motion to amend answer [33-1] (gi) (Entered: 02/25/2002)

MOTION by pltf EEOC to extend deadline for written discovery thru 4/16/02 (rls) (Entered: 03/11/2002)

ORDER by Magistrate Judge E. C. Knowles granting pltfs' motion to extend deadline for written discovery thru 4/16/02. All written discovery shall be completed by 4/16/02. (cc: all counsel) (EOD 3/29/02) (rls) (Entered: 03/29/2002)

MOTION by deft to amend the Case Management Order to extend the deadline for dispsitive motions until 6/12/02 (rls) (Entered: 04/02/2002)

ORDER by Magistrate Judge E. C. Knowles granting motion to amend answer [33-1]. EOD 4/4/02 (cc: all counsel) (dlt) (Entered: 04/04/2002)

AMENDED ANSWER [4-1] by deft Robertson Cheatham; jury demand (dlt) (Entered: 04/04/2002)

ORDER by Magistrate Judge E. C. Knowles: Pending is motion to amend the Case Management Order to extend the deadline for dispositive motions [37-1]. Case Management Conference is set for 10:00 on 5/7/02 to establish ddls for the progression of this case. EOD 4/26/02 (cc: all counsel) (gi) (Entered: 04/26/2002)

CLERK'S RESUME: A Case Management Conference was held on 5/7/02. Order to enter. (rls) (Entered: 05/08/2002)

ORDER by Magistrate Judge E. C. Knowles granting deft's motion to amend the Case Management Order [37-1] as follows: The deadline for filing dispositive motions is extended thru 6/12/02; Responses thereto shall be filed by 7/12/02 and replies by 7/22/02; A trial is set for 9:00 on 7/15/03 before Chief Judge Robert L. Echols. (cc: all counsel) (EOD 5/8/02) (rls) (Entered: 05/08/2002)

MEMORANDUM of Authorities filed by deft in support of motion for summary judgment [43-1]; w/attachments (rls) (Entered: 06/12/2002)

APPENDIX filed by deft re [43-1] (rls) (Entered: 06/12/2002)

ORDER by Judge Robert L. Echols: A jury trial is set for 9:00 on 7/15/03; A final pretrial conference is set for 1:30 on 6/16/03; Counsel shall submit a joint proposed pretrial order by 6/11/03; Also to be submitted by 6/11/03: joint proposed jury instructions and verdict forms, witness and exhibit lists, and stipulations; Any motions in limine and objections to expert testimony shall be filed by 6/2/03; Responses thereto shall be filed by 6/11/03. (cc: all counsel) (EOD 6/20/02) (rls) (Entered: 06/20/2002)

RESPONSE & Memorandum of Law in Opposition by pltf EEOC to motion for summary judgment [43-1]. (dlt) (Entered: 07/11/2002)

EXHIBIT LIST by pltf EEOC in support of its response to deft's mtn for summary judgment. (w/ att'd exhibits 1-7) (dlt) (Entered: 07/11/2002)

MOTION by deft for leave to file a Local Rule 8(b)(7)(B) statement of undisputed facts out of turn ; w/attached statement (rls) (Entered: 07/17/2002)

MEMORANDUM OF AUTHORITIES filed by deft in support of motion for leave to file a Local Rule 8(b)(7)(B) statement of undisputed facts out of turn [49-1] (rls) (Entered: 07/17/2002)

RESPONSE by pltf to motion for leave to file a Local Rule 8(b)(7)(B) statement of undisputed facts out of turn [49-1] (rls) (Entered: 07/26/2002)

MEMORANDUM OF LAW by filed pltf in support of motion response [51-1]; w/attachments (rls) (Entered: 07/26/2002)

ORDER by Judge Robert L. Echols granting deft's motion for leave to file a Local Rule 8(b)(7)(B) statement of undisputed facts out of turn [49-1]. The Clerk is directed to file deft's statement. Pltfs may file a response w/in 10 days of the date of entry of this order. (cc: all counsel) (EOD 8/21/02) (rls) (Entered: 08/21/2002)

LOCAL RULE 8(b)(7) STATEMENT of Undisputed Facts submitted by deft (rls) (Entered: 08/21/2002)

RESPONSE by pltf to deft's Local Rule 8(b)(7) Statement of Undisputed Facts [54-1]; w/attached Exhibits 1-8 (rls) (Entered: 09/05/2002)

MEMORANDUM OF THE COURT (cc: all counsel) EOD 11/12/02 (gi) (Entered: 11/15/2002)

ORDER by Judge Robert L. Echols denying motion for summary judgment [43-1] for reasons stated in the accompanying memorandum. Case referred to Magistrate Judge E. C. Knowles. EOD 11/15/02 (cc: all counsel) (gi) (Entered: 11/15/2002)

MOTION by deft Robertson Cheatham to alter or amend memorandum order of 11/15/02 (jb) (Entered: 12/06/2002)

MOTION by deft to ascertain the status of the case (km) (Entered: 02/10/2003)

ORDER by Judge Robert L. Echols denying motion to alter or amend memorandum order of 11/15/02 [58-1] and deft's motion to ascertain the status of the case [60-1] is deemed moot. (EOD 4/18/03) (cc: all counsel) (km) (Entered: 04/18/2003)

ORDER by Magistrate Judge E. C. Knowles: The Court has been advised that the parties are ready for trial, and that there is no need for further case management proceedings before the Magistrate Judge. The Clerk is directed to forward this file to Judge Echols. Terminating case referral to Magistrate Judge E. C. Knowles. (cc: all counsel) EOD 5/21/03 (vh) (Entered: 05/21/2003)

MOTION by pltf in limine to exclude testimony regarding Jesse Markham's fall due to muscle spasms ten to twelve years prior to his employment with deft (km) (Entered: 06/02/2003)

MEMORANDUM by pltf in support of motion in limine to exclude testimony regarding Jesse Markham's fall due to muscle spasms ten to twelve years prior to his employment with deft [63-1] (km) (Entered: 06/02/2003)

MOTION by pltf EEOC in limine to exclude handwritten disciplinary note of Roger Spivey regarding three sick days taken by Jessee Markham (km) (Entered: 06/02/2003)

MEMORANDUM by pltf in support of motion in limine to exclude handwritten disciplinary note of Roger Spivey regarding three sick days taken by Jessee Markham [65-1] (km) (Entered: 06/02/2003)

RESPONSE by pltf to motion in limine to exclude testimony regarding Jesse Markham's fall due to muscle spasms ten to twelve years prior to his employment with deft [63-1] (km) (Entered: 06/11/2003)

RESPONSE by deft Robertson Cheatham to motion in limine to exclude handwritten disciplinary note of Roger Spivey regarding three sick days taken by Jessee Markham [65-1] (km) (Entered: 06/11/2003)

PRETRIAL BRIEF FILED by deft (km) (Entered: 06/11/2003)

WITNESS list 1-11 submitted by deft (km) (Entered: 06/11/2003)

EXHIBIT list 1-11 by deft (km) (Entered: 06/11/2003)

PROPOSED JURY INSTRUCTIONS 1-8 submitted by deft Robertson Cheatham (km) (Entered: 06/12/2003)

JOINT PROPOSED Pretrial Order (km) (Entered: 06/12/2003)

PROPOSED STIPULATIONS 1-14 by pltf (km) (Entered: 06/12/2003)

EXHIBIT list 1-23 by pltf EEOC (km) (Entered: 06/12/2003)

WITNESS list 1-8 submitted by pltf EEOC (km) (Entered: 06/12/2003)

PROPOSED JURY INSTRUCTIONS submitted by pltf EEOC (w/disk) (km) (Entered: 06/12/2003)

CLERK'S RESUME: Final pretrial conference held 6/16/03 ; Trial remains set for 7/15/03; est 3 day trial; stipulations fo fact discussed- agreed stipulations are 1,2,5,6,7, (as modified)8, and 14; Motions in limine- pltf's mtn to exclude testimoney re: Markham's fall granted as unopposed- pltf's mtn to exclude testimony re: handwritten disciplinary note by Spivey to Markham for 3 days- pltf's late filed mtn to exclude testimony of Larry Chowning & James Cook-opposed-under advisement; Parties adv'd as to procedures for exhibits, evidence presenter, jury selection (4 strikes agreed on); possibility of settlement discussed- Court will ask Magistrate Judge to conduct settlement conference at a time mutually convenient. Mr. Frensley, co-counsel for deft will be excused as he will be out of town. C/R : Cathy Leigh (km) (Entered: 06/16/2003)

MOTION by pltf EEOC to exclude testimony of Larry Chowning and James Cook, 2 unidentified witnesses (km) (Entered: 06/16/2003)

MEMORANDUM by pltf EEOC in support of motion to exclude testimony of Larry Chowning and James Cook, 2 unidentified witnesses [79-1] (km) (Entered: 06/16/2003)

ORDER by Judge Robert L. Echols: This action is referred to Magistrate Judge Brown for a settlement conference to be held at 1:00 on 7/1/03. (EOD 6/20/03) (cc: all counsel) (km) (Entered: 06/20/2003)

ORDER by Magistrate Judge Joe B. Brown: Settlement conference set for 1:00 on 7/1/03. By 12:00 on 6/27/03, pltf and deft shall deliver under seal, directly to the Courtroom Deputy, separate settlement conference stmts. (EOD 6/24/03) (cc: all counsel) (km) (Entered: 06/24/2003)

SUPPLEMENTAL PROPOSED JURY INSTRUCTIONS submitted by deft Robertson Cheatham (vh) (Entered: 07/02/2003)

ORDER by Magistrate Judge Joe B. Brown: Settlement conference held 7/1/03; a settlement satisfactory to both sides could not be reached. Clerk is directed to return the file to the District Judge as this matter is set for trial on 7/15/03. EOD 7/3/03 (cc: all counsel) (gi) (Entered: 07/03/2003)

TRIAL BRIEF FILED by pltf EEOC (ot) (Entered: 07/03/2003)

PROPOSED Jury Questions 1-27 by pltf EEOC (km) (Entered: 07/11/2003)

PROPOSED VOIR DIRE QUESTIONS by pltf EEOC (km) (Entered: 07/11/2003)

MOTION by pltf in limine to exclude any reference to Roger Spivey's religious belief, affiliation or status as a preacher (gi) (Entered: 07/14/2003)

MEMORANDUM by pltf in support of motion in limine to exclude any reference to Roger Spivey's religious belief, affiliation or status as a preacher [88-1] (gi) (Entered: 07/14/2003)

ORDER by Judge Thomas A. Wiseman Jr. denying motion in limine to exclude handwritten disciplinary note of Roger Spivey regarding three sick days taken by Jessee Markham [65-1]. (EOD 7/14/03) (cc: all counsel) (km) (Entered: 07/14/2003)

MOTION by pltf EEOC in limine to exclude Jesse Markham's medical records (km) (Entered: 07/14/2003)

MEMORANDUM by pltf EEOC in support of motion in limine to exclude Jesse Markham's medical records [92-1] (w/attached exhibit 1) (km) (Entered: 07/14/2003)

JOINT PRE-TRIAL ORDER approved by Judge Thomas A. Wiseman Jr.: (EOD 7/15/03) (cc: all counsel) (km) (Entered: 07/15/2003)

ORDER by Judge Robert L. Echols: Due to an ongoing criminal trial being conducted in Cookeville, TN before this Court, the Honorable Thomas A. Wiseman, Jr. has agreed to preside over the trial in this case, which is scheduled to commence on 7/15/03. The Clerk is directed to reassign the case to Judge Wiseman. (EOD 7/15/03) (cc: all counsel) (km) (Entered: 07/15/2003)

MOTION AND MEMORANDUM by deft in limine to exclude evidence of alleged compators (w/attachments) (km) (Entered: 07/15/2003)

ORDER by Judge Thomas A. Wiseman Jr. denying motion in limine to exclude Jesse Markham's medical records [92-1]. (EOD 7/18/03) (cc: all counsel) (km) (Entered: 07/18/2003)

ORDER by Judge Thomas A. Wiseman Jr. granting motion in limine to exclude evidence of alleged compators (w/attachments) [96-1]. (EOD 7/18/03) (cc: all counsel) (km) (Entered: 07/18/2003)

SUPPLEMENTAL PROPOSED JURY INSTRUCTIONS submitted by pltf EEOC (km) (Entered: 07/18/2003)

ORDER by Judge Thomas A. Wiseman Jr. denying motion to exclude testimony of Larry Chowning and James Cook, 2 unidentified witnesses [79-1]. (EOD 7/18/03) (cc: all counsel) (km) (Entered: 07/18/2003)

ORDER by Judge Thomas A. Wiseman Jr. granting motion in limine to exclude any reference to Roger Spivey's religious belief, affiliation or status as a preacher [88-1]. (EOD 7/18/03) (cc: all counsel) (km) (Entered: 07/18/2003)

CLERK'S RESUME: Jury trial held 7/15/03- 7/18/03; Verdict in favor of the pltf in the amount of $37,043.36; (C/R: John Tummel) (w/attached exhibit and witness list) (km) (Entered: 07/21/2003)

VERDICT for pltf EEOC against deft Robertson Cheatham (w/attachments) (km) (Entered: 07/21/2003) before the Court and jury. The issues were tried, and the jury rendered its verdict. Upon the jury's verdict for the pltf, judgment is hereby rendered in favor of the pltf,and the pltf is awarded, and shall recover from the deft, backpay in the amount of $37,043.36. , terminating case. (EOD 7/21/03) (cc: all counsel) (km) (Entered: 07/21/2003)

REMARK - exhibits placed in exhibit room this date (km) (Entered: 07/21/2003)