Case: EEOC v. Pathmark, Inc.

U.S. Court of Appeals for the Third Circuit

Carly Knight, Frank Dobbin, Alexandra Kalev

Complaint. (tj) (Entered: 06/12/1997)

Summons(es) issued Forwarded: 1 original to counsel 6/12/97. (tj) (Entered: 06/12/1997)

Demand for jury trial by PLAINTIFF EQUAL EMPLOYMENT. (tj) (Entered: 06/12/1997)

Standard Case Management Track. (tj) (Entered: 06/12/1997)

Return of service executed as to DEFENDANT PATHMARK INCORPORATE 6/18/97 (ph) (Entered: 07/07/1997)

Answer, affirmative defenses to Complaint by DEFENDANT PATHMARK INCORPORATE (Attorney DEBBIE R. SANDLER), Certificate of service (ph) (Entered: 07/07/1997)

ISSUE JOINED. (ph) (Entered: 07/07/1997)

ORDER THAT DISCOVERY SHALL BE COMPLETED BY 11/28/97 ; PRETRIAL CONFERENCE WILL BE HELD ON 8/5/97 AT 4:00 P.M. PLAINTIFF'S PRETRIAL MEMORANDUM DUE 12/15/97 ; DEFENDANT'S PRETRIAL MEMORANDUM DUE 12/22/97 ; TRIAL DATE SCHEDULED FOR 1/5/98 AT 9:30 A.M.; ( SIGNED BY JUDGE JAMES T. GILES ) 7/14/97 ENTERED AND COPIES MAILED. (mb) (Entered: 07/14/1997)

MOTION TO INTERVENE BY MOVANT LISA DOE , CERTIFICATE OF SERVICE. (ph) (Entered: 08/26/1997)

Complaint in Intervention - jury trial demanded by movant LISA DOE, Certificate of service. (ph) (Entered: 10/21/1997)

ORDER GRANTING MOTION TO INTERVENE BY MOVANT LISA DOE AND LISA DOE IS TO FILE SAID COMPLAINT WITHIN 10 DAYS OF RECEIPT OF THIS ORDER ( SIGNED BY JUDGE JAMES T. GILES ) 10/22/97 ENTERED AND COPIES MAILED (ph) Modified on 10/22/1997 (Entered: 10/22/1997)

ORDER THAT THE SCHEDULING ORDER OF 7/14/97, IS AMENDED RESET DISCOVERY DUE FOR 12/5/97 ( SIGNED BY JUDGE JAMES T. GILES ) 10/22/97 ENTERED AND COPIES MAILED (ph) (Entered: 10/22/1997)

MOTION by DEFENDANT PATHMARK INCORPORATE TO DISMISS , MEMORANDUM, CERTIFICATE OF SERVICE. (ph) (Entered: 11/05/1997)

MOTION by INTERVENOR-PLAINTIFF LISA DOE FOR EXTRAORDINARY RELIEF - ENLARGEMENT OF TIME FOR DISCOVERY AND FOR NEW TRIAL DATE , CERTIFICATE OF SERVICE. (ph) (Entered: 11/24/1997)

Response by INTERVENOR-PLAINTIFF LISA DOE in opposition to Defendant PATHMARK, INC'S MOTION TO DISMISS, Certificate of Service, Memorandum. (jl) Modified on 11/24/1997 (Entered: 11/24/1997)

MOTION by PLAINTIFF EQUAL EMPLOYMENT FOR EXTENSION OF TIME TO COMPLETE DISCOVERY AND RESCHEDULING OF TRIAL DATE , CERTIFICATE OF SERVICE. (jl) (Entered: 11/26/1997)

MOTION by DEFENDANT PATHMARK INCORPORATE FOR PROTECTIVE ORDER VACATING REDEPOSITION NOTICES , MEMORANDUM, CERTIFICATE OF SERVICE. (ph) (Entered: 11/26/1997)

Memorandum by DEFENDANT PATHMARK INCORPORATE in opposition to PLAINTIFF'S MOTION FOR EXTENSION OF TIME TO COMPLETE DISCOVERY AND RESCHEDULING OF TRIAL DATE , Certificate of Service. (mb) (Entered: 12/02/1997)

ORDER THAT DEFENDANT'S MOTION FOR PROTECTIVE ORDER VACATING REDEPOSITION NOTICES IS GRANTED. ( SIGNED BY JUDGE JAMES T. GILES ) 12/2/97 ENTERED AND COPIES MAILED. (fe) (Entered: 12/02/1997)

ORDER THAT EEOC'S MOTION FOR EXTENSION OF TIME TO COMPLETE DISCOVERY AND RESCHEDULING OF TRIAL DATE IS GRANTED. THE NEW DATE BY WHICH DISCOVERY WILL END IS 3/11/98 ( SIGNED BY JUDGE JAMES T. GILES ) 12/3/97 ENTERED AND COPIES MAILED. (fe) (Entered: 12/03/1997)

ORDER THAT THE MOTION FOR EXTRAORDINARY RELIEF - ENLARGEMENT OF TIME OF PLAINTIFF INTERVENOR LISA DOE IS GRANTED. THE DISCOVERY DEADLINE IN THE ABOVE CASE IS EXTENDED UNTIL 3/11/98, AND TRIAL IN THE ABOVE CASE IS RESCHEDULED TO A DATE TO BE DETERMINED BY THIS COURT. ( SIGNED BY JUDGE JAMES T. GILES ) 12/3/97 ENTERED AND COPIES MAILED. (fe) (Entered: 12/03/1997)

ORDER THAT THE SCHEDULING ORDER DATED JULY 14, 1997 AND AMENDED OCTOBER 20, 1997 IS AMENDED AS FOLLOWS: DISCOVERY SHALL BE COMPLETED BY 3/11/98 ; BY 3/19/98, THE PARTIES SHALL FILE ALL DISPOSITIVE MOTIONS ; PLAINTIFF'S PRETRIAL MEMORANDUM DUE BY 4/22/98 AS WELL AS PROPOSED POINTS FOR CHARGE; DEFENDANT'S PRETRIAL MEMORANDUM DUE BY 4/29/98 AS WELL AS PROPOSED POINTS FOR CHARGE; A PRETRIAL CONFERENCE WILL BE HELD ON 4:00 P.M. ON 5/13/98 ; TRIAL SHALL COMMENCE 9:30 A.M. ON 5/18/98 BY MARCH 27, 1998 ALL RESPONSES TO DISPOSITIVE MOTIONS SHALL BE FILED. ( SIGNED BY JUDGE JAMES T. GILES ) 12/3/97 ENTERED AND COPIES MAILED. (fe) (Entered: 12/03/1997)

Reply Brief by DEFENDANT PATHMARK INCORPORATE in support of MOTION TO DISMISS , Certificate of Service. (ph) (Entered: 12/05/1997)

ORDER THAT ARGUMENTS ON MOTION TO DISMISS WILL COMMENCE MOTION HEARING SET FOR 4:00 1/13/98 ( SIGNED BY JUDGE JAMES T. GILES ) 12/17/97 ENTERED AND COPIES MAILED (ph) (Entered: 12/17/1997)

Minute entry: 1/13/98 - Hearing on defendant's motions to dismiss (ph) (Entered: 01/20/1998)

Answer, affirmative defenses to Complaint by DEFENDANT PATHMARK INCORPORATE , Certificate of Service. (ph) (Entered: 01/28/1998)

ISSUE JOINED. (ph) (Entered: 01/28/1998)

MEMORANDUM AND ORDER GRANTING IN PART, DENYING IN PART DEFENDANT'S MOTION TO DISMISS; THE MATTER IS DISMISSED WITH PREJUDICE AS TO ALL CLAIMS THAT WERE NOT INCLUDED IN PLAINTIFF'S ADMINISTRATIVE CHARGE WITH THE EEOC, AND DISMISSED WITHOUT PREJUDICE AS TO THE PENDENT STATE CLAIM OF BREACH OF COVENANT OF GOOD FAITH AND FAIR DEALING, IN ALL OTHER RESPECTS, THE MOTION IS DENIED ( SIGNED BY JUDGE JAMES T. GILES ) 2/13/98 ENTERED AND COPIES MAILED (ph) (Entered: 02/13/1998)

MOTION by DEFENDANT PATHMARK INCORPORATE FOR SUMMARY JUDGMENT AGAINST PLAINTIFF, THE EEOC , MEMORANDUM, CERTIFICATE OF SERVICE. (ph) (Entered: 03/19/1998)

Appendix by DEFENDANT PATHMARK INCORPORATE to [26-1] MOTION FOR SUMMARY JUDGMENT AGAINST PLAINTIFF, THE EEOC, [25-1] MOTION FOR SUMMARY JUDGMENT AGAINST PLAINTIFF-INTERVENOR LISA EDWARDS (ph) (Entered: 03/19/1998)

MOTION by INTERVENOR-PLAINTIFF LISA DOE TO EXTEND TIME TO FILE AN ANSWER TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT , CERTIFICATE OF SERVICE. (ph) (Entered: 03/24/1998)

Exhibits by DEFENDANT PATHMARK INCORPORATE re: Motion for summary judgment (ph) (Entered: 03/25/1998)

ORDER THAT PLAINTIFF'S MOTION TO EXTEND TIME TO FILE AN ANSWER TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT IS GRANTED; PLAINTIFFS INTERVENOR IS GIVEN UNTIL 4/3/98; DEFENDANT'S REPLY DATE IS 4/8/98 ( SIGNED BY JUDGE JAMES T. GILES ) 3/27/98 ENTERED AND COPIES MAILED. (mb) (Entered: 03/27/1998)

Response of PLAINTIFF-INTERVENOR LISA DOE in Opposition to DEFENDANT PATHMARK, INC.'S MOTION FOR SUMMARY JUDGMENT, Memorandum, Certificate of Service. (lawmfa2) (Entered: 04/06/1998)

Memorandum by PLAINTIFF EQUAL EMPLOYMENT in opposition to [26-1] MOTION FOR SUMMARY JUDGMENT AGAINST PLAINTIFF, THE EEOC, Memorandum, Certificate of Service. (ph) (Entered: 04/06/1998)

Exhibits by PLAINTIFF EQUAL EMPLOYMENT (See paper # 32) (ph) (Entered: 04/06/1998)

Memorandum by DEFENDANT PATHMARK INCORPORATE in support of MOTION FOR SUMMARY JUDGMENT AGAINST PLAINTIFF, THE EEOC , Certificate of Service. (ph) (Entered: 04/08/1998)

Reply Brief by DEFENDANT PATHMARK INCORPORATE in support of [25-1] MOTION FOR SUMMARY JUDGMENT AGAINST PLAINTIFF-INTERVENOR LISA EDWARDS, Certificate of Service. (ph) (Entered: 04/09/1998)

Proposed Jury instructions and verdict form by PLAINTIFF - INTERVENOR, LISA DOE , Certificate of service (ph) Modified on 04/23/1998 (Entered: 04/23/1998)

Plaintiff - Intervenor, LISA DOE'S Pretrial Memorandum, Certificate of Service. (ph) Modified on 04/23/1998 (Entered: 04/23/1998)

Surreply by INTERVENOR-PLAINTIFF LISA DOE in opposition to PATHMARK, INC'S motion for summary judgment, Certificate of service (ph) (Entered: 04/23/1998)

MOTION by DEFENDANT PATHMARK INCORPORATE IN LIMINE , CERTIFICATE OF SERVICE. (ph) (Entered: 04/30/1998)

Proposed Jury instructions by DEFENDANT PATHMARK INCORPORATE (ph) (Entered: 04/30/1998)

Defendant's Pretrial Memorandum, Certificate of Service. (ph) (Entered: 04/30/1998)

MOTION by DEFENDANT PATHMARK INCORPORATE IN LIMINE TO EXCLUDE OPINION TESTIMONY BY DR. WEINBERG AND TO LIMIT HIS TESTIMONY CONCERNING THREATS MADE TO PLAINTIFF , CERTIFICATE OF SERVICE. (ph) (Entered: 05/06/1998)

Response by PLAINTIFF EQUAL EMPLOYMENT to [42-1] MOTION IN LIMINE TO EXCLUDE OPINION TESTIMONY BY DR. WEINBERG AND TO LIMIT HIS TESTIMONY CONCERNING THREATS MADE TO PLAINTIFF, [39-1] MOTION IN LIMINE , Certificate of Service. (ph) (Entered: 05/06/1998)

Response by INTERVENOR-PLAINTIFF LISA DOE in opposition to PATHMARK'S motion in limine , Certificate of Service. (ph) (Entered: 05/06/1998)

Memorandum by INTERVENOR-PLAINTIFF LISA DOE in opposition to MOTION IN LIMINE TO EXCLUDE PORTIONS OF TESTIMONY BY DR. WEINBERG , Certificate of Service. (fe) (Entered: 05/11/1998)

Supplemental answer by INTERVENOR-PLAINTIFF LISA DOE to motion in limine, Certificate of Service. (ph) (Entered: 05/13/1998)

ORDER THAT THE FBI IS ORDERED TO COMPLY WITH THE SUBPOENAS ISSUED ON BEHALF OF LISA DOE PURSUANT TO TITLE 5 US CODE 552 a(b)(xi) ( SIGNED BY JUDGE JAMES T. GILES ) 5/15/98 ENTERED AND COPIES MAILED AND FAXED 5/14/98. (ph) (Entered: 05/15/1998)

MOTION by PLAINTIFF EQUAL EMPLOYMENT FOR RECONSIDERATION OF RULINGS GRANTING, IN PART, DEFENDANT'S MOTIONS IN LIMINE , MEMORANDUM, CERTIFICATE OF SERVICE. (ph) (Entered: 05/15/1998)

Plaintiff intervenor Lisa Doe's offer of proof with regard to evidence of comparators (ph) (Entered: 05/20/1998)

Minute entry: 5/13/98 - Motions Hearing - Defendant's motion in liminte to exclude evidence re: anonymous phone calls - granted; Defendant's motion to exclude comparators - granted in part, denied in part ; Defendant's motion for summary judgment - denied without prejudice (ph) (Entered: 05/20/1998)

Minute entry: 5/18/98 - Civil jury trial - Voir Dire - Plaintiff's motions for reconsideration re: witnesses and evidence - denied (ph) (Entered: 05/20/1998)

Plaintiff-Intervenor Lisa Doe's offer of proof with regard to Doe's testimony concerning anonymous communications to her home (ph) (Entered: 05/20/1998)

Minute entry: 5/19/98, court opens to jury, Counsel opens to the jury, Plaintiff calls witnesses. (jl) (Entered: 05/26/1998)

Minute entry: 5/20/98, trial resumes, Plaintiff's case continues with witnesses. (jl) (Entered: 05/26/1998)

Minute entry: 5/21/98, trial resumes, Plaintiff's case continues with witnesses, Both parties rest, Defendants Rule 50 motion- C.A.V., The court charge conference. (jl) (Entered: 05/26/1998)

Minute entry: 5/22/98, trial resumes, case re-opened, Plaintiff calls witness, Counsel closes to the jury, the court charges the jury. Jury Verdict by answering special interrogatories, The Court molds the verdict in favor of defendant and against plaintiffs. (jl) (Entered: 05/26/1998)

QUESTIONS TO JURORS AND ANSWERS THEREOF. (jl) Modified on 05/26/1998 (Entered: 05/26/1998)

ORDER DENYING AS MOOT PATHMARK STORES, INC'S MOTION FOR JUDGMENT AS A MATTER OF LAW ( SIGNED BY JUDGE JAMES T. GILES ) 5/27/98 ENTERED AND COPIES MAILED (ph) (Entered: 05/27/1998)

ORDER MOOTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AGAINST PLAINTIFF-INTERVENOR LISA EDWARDS ( SIGNED BY JUDGE JAMES T. GILES ) 5/27/98 ENTERED AND COPIES MAILED (SEE PAPER # 25) (ph) (Entered: 05/27/1998)

ORDER MOOTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AGAINST PLAINTIFF, THE EEOC ( SIGNED BY JUDGE JAMES T. GILES ) 5/27/98 ENTERED AND COPIES MAILED (SEE PAPER # 26) (ph) (Entered: 05/27/1998)

ORDER THAT DEFENDANT'S MOTION IN LIMINE IS GRANTED, IN PART, THE COURT HOLDS THAT EVIDENCE OF THE ANONYMOUS PHONE CALLS AMD MAIL IS EXCLUDED AS THE CALLED IS INHERENTLY UNKNOWN, AND AS PLAINTIFF CANNOT SHOW THAT THEY COULD ONLY HAVE BEEN MADE BY PATHMARK'S SUPERVISORS OR WITH THEIR KNOWLEDGE ETCTHE EXCLUDED COMPARATORS INVOLVED CONDUCT THAT EITHER WAS PRIVATE CONDUCT OUTSIDE THE STORE OR INVOLVED CONDUCT THAT WAS GROSSLY DIFFERENT IN OFFENSE AND QUALITY FROM LISA EDWARDS' ( SIGNED BY JUDGE JAMES T. GILES ) 5/26/98 ENTERED AND COPIES MAILED (ph) (Entered: 05/27/1998)

ORDER THAT IN ACCORDANCE WITH THE JURY'S RESPONSES TO SPECIAL INTERROGATORIES, IT IS ORDERED THAT JUDGMENT IS MOLDED AND ENTERED IN FAVOR OF PATHMARK INC., AND AGAINST PLAINTIFFS, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION AND LISA EDWARDS ( SIGNED BY JUDGE JAMES T. GILES ) 5/27/98 ENTERED AND COPIES MAILED (ph) (Entered: 05/27/1998)

Transcript of jury trial, May 19, 1998. (fe) (Entered: 05/27/1998)

Transcript for jury trial, May 20, 1998. (fe) (Entered: 05/27/1998)

Transcript for civil jury trial, May 21, 1998. (fe) (Entered: 05/27/1998)

Transcript for civil jury trial, May 21, 1998. (fe) (Entered: 05/27/1998)

Transcript for jury trial, May 22, 1998. (fe) (Entered: 05/27/1998)

ORDER THAT EEOC'S MOTION FOR RECONSIDERATION IS DENIED; ( SIGNED BY JUDGE JAMES T. GILES ) 5/28/98 ENTERED AND COPIES MAILED (ph) (Entered: 05/28/1998)

Case closed (kv) (Entered: 05/28/1998)

Petition of DEFENDANT PATHMARK INCORPORATE for Attorneys' Fees, Memorandum , Certificate of Service. (ph) (Entered: 05/28/1998)

Bill of costs by DEFENDANT PATHMARK INCORPORATE (ph) (Entered: 05/28/1998)

ORDER THAT THE CLERK OF COURT FOR THE E.D. OF PA. FURNISH LUNCH FOR 8 JURORS ENGAGED IN THE ENTITLED CASE ( SIGNED BY JUDGE JAMES T. GILES ) 6/3/98 ENTERED (ph) (Entered: 06/03/1998)

Transcript for Hearing - 5/13/98 (ph) (Entered: 06/04/1998)

Response by PLAINTIFF EQUAL EMPLOYMENT to defendant's motion for attorneys' fees , Certificate of Service. (ph) (Entered: 06/08/1998)

Reply Brief by DEFENDANT PATHMARK INCORPORATE in support of its petition for attorney's fees, Certificate of Service. (rp) (Entered: 06/09/1998)

Response by INTERVENOR-PLAINTIFF LISA DOE in opposition to to Pathmark stores, Inc.'s petition for attorney fees , Certificate of Service, Memorandum. (jl) (Entered: 06/11/1998)

Notice of appeal by INTERVENOR-PLAINTIFF LISA DOE . Fee Status: paid . Copies to: JUDGE JAMES T. GILES , Clerk USCA, Appeals Clerk, and AVIVAH R. Z. PINSKI, DEBBIE R. SANDLER, JACQUELINE H. MC NAIR, BRIAN MATTHEW RHODES, WANDA FLOWERS, Certificate of service (ph) (Entered: 06/26/1998)

Copy of Clerk's notice to USCA re: [74-1] appeal . (ph) (Entered: 06/26/1998)

Notice of Docketing ROA from USCA Re: [74-1] appeal USCA NUMBER: 98-1562 . 6/30/98 (ph) (Entered: 06/30/1998)

CERTIFIED AND TRANSMITTED RECORD ON APPEAL TO U.S. COURT OF APPEALS (Pleadings 21,22,67,68,71-73 not included). (fdc) (Entered: 07/01/1998)

Copy of Clerk's notice to USCA re: [76-1] appeal . (ph) (Entered: 07/24/1998)

Notice of Docketing ROA from USCA Re: [76-1] appeal USCA NUMBER: 98-1649 . 7/30/98 (jl) (Entered: 08/04/1998)

MEMORANDUM ORDER THAT DEFENDANT'S MOTION FOR ATTORNEY FEES AND COSTS, IS DENIED ETC ( SIGNED BY JUDGE JAMES T. GILES ) 8/21/98 ENTERED AND COPIES MAILED (ph) (Entered: 08/21/1998)

Certified copy of order from USCA dated: 7/22/99 TERMINATING [74-1] appeal - affirming (ph) (Entered: 07/22/1999)

Certified copy of order from that the motion for voluntary dismissal of the appeal is granted, each party shall bear its own costs (ph) (Entered: 09/02/1999)

Record on appeal returned from U.S. Court of Appeals: [76-1] appeal (ph) (Entered: 09/02/1999)