Case: EEOC v. Regis Corporation

Kelly v. Regis Corporation

Jack R. Kelly v. Regis Corporation

Jack R. Kelly v. Regis Corporation

Carly Knight, Frank Dobbin, Alexandra Kalev

Case assigned to Honorable Orlando L. Garcia (wg) (Entered: 05/11/2001)

Complaint filed. (Pages: 5) (wg) (Entered: 05/11/2001)

Demand for jury trial by EEOC (wg) (Entered: 05/11/2001)

Waiver of Service by Regis Corporation; Notice and Request Mailed on 5/23/01; Answer due on 7/23/01 for Regis Corporation (rg) (Entered: 06/20/2001)

Response by EEOC in opposition to defendant's motion to dismiss plaintiff's claims without prejudice [3-1], motion to transfer venue [3-2] (fe) (Entered: 08/03/2001)

Reply by Regis Corporation to Plaintiff's opposition and response to motion to dismiss plaintiff's claims without prejudice [3-1], or, in the alternative, motion to transfer venue [3-2] (rg1) (Entered: 08/10/2001)

Order denying motion to dismiss plaintiff's claims without prejudice [3-1], granting motion to transfer venue [3-2] ORDERED that this case is transferred to the United States District Court for the Western District of Texas, Austin Division (rg) (Entered: 08/20/2001)

Intradistrict transfer to Austin Division (rg) (Entered: 08/20/2001)

Original file, certified copy of transfer order and docket sheet received from San Antonio Division (mc2) (Entered: 08/24/2001)

Case reassigned from Honorable Orlando L. Garcia to Honorable James R. Nowlin (mc2) (Entered: 08/24/2001)

Court file prepared and forwarded to Judge Nowlin. Sent letter to all counsel of record advising of transferred case number and judge assignment. (mc2) (Entered: 08/24/2001)

Answer by Regis Corporation (mc2) (Entered: 08/27/2001)

Motion by Regis Corporation for Larry E. Gee to withdraw as attorney (rm) Modified on 10/15/2001 (Entered: 10/15/2001)

Motion by Regis Corporation to substitute Edmund Burke Huber as attorney (rm) (Entered: 10/15/2001)

Order granting motion to substitute Edmund Burke Huber as attorney [8-1], granting motion for Larry E. Gee to withdraw as attorney [8-1]. (Noticed 10/17/01.) (mc2) (Entered: 10/17/2001)

Joint discovery/case management plan under Rule 26(f) F.R.C.P. (by plaintiff and defendant). (mc2) (Entered: 10/19/2001)

Recommendations for scheduling order by EEOC, Regis Corporation (mc2) (Entered: 10/19/2001)

Scheduling order setting Joining of parties, amending of pleadings on 1/30/02 Deadline for filing of all motions 9/30/02 - dispositive motions and responses limited to 20 pgs. in length pursuant to FRCP 56, all other dispositive motions to 10 pgs.; Discovery cutoff 7/31/02 ; Alternate Dispute Resolution Report due by 12/1/01. (Noticed 10/26/01.) (mc2) (Entered: 10/26/2001)

Advisory to the court filed by Regis Corporation - Notice of change of affiliation and change of address of counsel of record for defendant. (mc2) (Entered: 11/16/2001)

Alternate Dispute Resolution Report filed by EEOC, Regis Corporation, Party(s) do not agree to Alternate Dispute Resolution (mc2) (Entered: 11/29/2001)

First Amended answer by Regis Corporation: answer [7-1] (mc2) (Entered: 01/31/2002)

Designation of expert witness filed by Regis Corporation (mc2) (Entered: 02/27/2002)

Notice of additional attorney appearance for Regis Corporation by F. Denise Rios (mc2) (Entered: 03/25/2002)

Motion by Regis Corporation for leave pursuant to FRCP 30 to extend number of depositions upon oral examination taken in this matter) (mc2) (Entered: 04/03/2002)

Order granting motion for leave pursuant to FRCP 30 to extend number of depositions upon oral examination taken in this matter) [19-1], extended up to 50. (td) (Entered: 05/07/2002)

Motion by Regis Corporation to compel discovery (mc2) (Entered: 06/06/2002)

Order referred motion to compel discovery [21-1] to Judge Andrew W. Austin. (Noticed 6/11/02.) (mc2) Modified on 06/11/2002 (Entered: 06/11/2002)

Supplemental motion by Regis Corporation : to compel discovery - supplemental supplementing motion to compel discovery [21-1] (fe) (Entered: 06/17/2002)

Response by EEOC in opposition to motion to compel discovery [21-1] (mc2) (Entered: 06/17/2002)

Order setting hearing on supplemental motion to compel discovery [23-1], motion to compel discovery [21-1] for 2:00 6/26/02 before Magistrate Austin. (Noticed 6/18/02.) (mc2) (Entered: 06/18/2002)

Reply by Regis Corporation to response to motion to compel discovery [21-1] (mc2) (Entered: 06/20/2002)

Opposed Motion by EEOC for protective order to reschedule deposition of Jack R. Kelly (mc2) Modified on 06/26/2002 (Entered: 06/26/2002)

Response by Regis Corporation motion for protective order to reschedule deposition of Jack R. Kelly [27-1] (mc2) (Entered: 06/26/2002)

Minutes of proceedings for motion hearing conducted on 6/26/02 by Judge Austin. Court Reporter: ERO. (mc2) (Entered: 06/26/2002)

Motion by Regis Corporation to compel deposition of Jack R. Kelly , and for sanctions (mc2) (Entered: 06/26/2002)

Order referring motion for protective order to reschedule deposition of Jack R. Kelly [27-1] to Judge Andrew W. Austin. (Noticed 6/28/02.) (mc2) (Entered: 06/28/2002)

Order setting docket call for 1:30 7/24/02 . (Noticed 7/12/02.) (mc2) (Entered: 07/12/2002)

Motion by Regis Corporation to strike deposition testimony (settlement discussions during Jack Kelly's deposition) (mc2) (Entered: 07/15/2002)

Motion by Regis Corporation for court-ordered mental examination of class participants (Michael Hayes, Jack Kelly and Helio Arizola) (mc2) (Entered: 07/15/2002)

Order referring motion to strike deposition testimony (settlement discussions during Jack Kelly's deposition) [33-1] to Judge Andrew W. Austin. (Noticed 7/16/02.) (mc2) (Entered: 07/16/2002)

Advisory to the court filed by Regis Corporation requesting Court to remove defendant's motion to strike deposition testimony from docket. (mc2) (Entered: 07/19/2002)

Motion by Regis Corporation for leave to redepose Michael Sean Hayes and Jack Robert Kelly (mc2) (Entered: 07/19/2002)

Advisory to the court filed by EEOC on counsel's availability (Connie Liem between 8/4/02 & 8/9/02. (mc2) (Entered: 07/19/2002)

Order denying as moot motion to strike deposition testimony (settlement discussions during Jack Kelly's deposition) [33-1]. (Noticed 7/22/02.) (mc2) (Entered: 07/22/2002)

Notice of attorney appearance for Regis Corporation by R. Mark Dietz, J. Lee Jarrard Jr., Douglas Grant Cornwell (mc2) (Entered: 07/22/2002)

Order referred motion for leave to redepose Michael Sean Hayes and Jack Robert Kelly [37-1] Judge Andrew W. Austin. (Noticed 7/23/02.) (mc2) Modified on 07/23/2002 (Entered: 07/23/2002)

Motion by TX Attorney General for protective order , to quash , and for special hearing on motion for protective order and to quash (mc2) (Entered: 07/24/2002)

Response by EEOC in opposition to motion for court-ordered mental examination of class participants (Michael Hayes, Jack Kelly and Helio Arizola) [34-1] (mc2) (Entered: 07/24/2002)

Letter to Barbara Vander Voord, attorney for TX Attorney General, regarding: bar status. (mc2) (Entered: 07/24/2002)

Order referred motion for court-ordered mental examination of class participants (Michael Hayes, Jack Kelly and Helio Arizola) [34-1] to Judge Andrew W. Austin. (Noticed 7/24/02.) (mc2) (Entered: 07/24/2002)

Motion by Regis Corporation to compel (to redepose Helio Arizola) (mc2) (Entered: 07/24/2002)

Motion by EEOC to compel discovery (from defendant) (mc2) (Entered: 07/24/2002)

Supplemental memorandum by Regis Corporation to motion for court-ordered mental examination of class participants (Michael Hayes, Jack Kelly and Helio Arizola) [34-1] (mc2) (Entered: 07/24/2002)

Minutes of proceedings for docket call conducted on 7/24/02 by Judge Nowlin. Court Reporter: Logan Miller. (mc2) (Entered: 07/24/2002)

Order setting hearing motion for leave to redepose Michael Sean Hayes and Jack Robert Kelly [37-1], motion for court-ordered mental examination of class participants (Michael Hayes, Jack Kelly and Helio Arizola) [34-1] for 10:30 8/1/02 before Magistrate Austin. (Noticed 7/24/02.) (mc2) (Entered: 07/24/2002)

Order setting bench trial for 9:00 12/9/02 . (Noticed 7/24/02.) (mc2) Modified on 07/24/2002 (Entered: 07/24/2002)

Order on courtroom decorum and trial procedures. (Noticed 7/24/02.) (mc2) Modified on 07/24/2002 (Entered: 07/24/2002)

Order referring motion to compel discovery (from defendant) [47-1], motion to compel (to redepose Helio Arizola) [46-1], motion to compel (plaintiff to supplement discovery responses) [45-1], motion for protective order [42-1], motion to quash [42-2], motion for special hearing on motion for protective order and to quash [42-3] to Andrew W. Austin further ordering that all non-dispositive motions referred for resolution and all dispositive motions referred for report and recommendation. (Noticed 7/24/02.) (mc2) Modified on 07/31/2002 (Entered: 07/24/2002)

Amended Order setting Jury selection for 9:00 12/9/02 , and Jury trial 9:00 12/9/02 . (Noticed 7/25/02.) (mc2) (Entered: 07/25/2002)

Case referred to Judge Andrew W. Austin (mc2) (Entered: 07/31/2002)

Order setting hearing motion to compel discovery (from defendant) [47-1], motion to compel (to redepose Helio Arizola) [46-1], motion to compel (plaintiff to supplement discovery responses) [45-1] for 10:00 8/21/02 , and any other motions filed after this date, before Magistrate Austin. (Noticed 7/26/02.) (mc2) Modified on 07/26/2002 (Entered: 07/26/2002)

Order granting motion for special hearing on motion for protective order and to quash [42-3] Motion hearing motion for protective order [42-1], motion to quash [42-2] for 10:30 8/1/02 before Magistrate Austin. (Noticed 7/26/02.) (mc2) (Entered: 07/26/2002)

Opposed Motion by EEOC for protective order to quash deposition of EEOC investigator, Diane Webb (mc2) (Entered: 07/26/2002)

Response by EEOC in opposition to motion for leave to redepose Michael Sean Hayes and Jack Robert Kelly [37-1] (mc2) (Entered: 07/29/2002)

Advisory to the court filed by Regis Corporation re withdrawal of motion for protective order by TX AG's Office and recall of subpoena. (mc2) (Entered: 07/29/2002)

Mooted motions for protective order [42-1], motion to quash [42-2] (mc2) (Entered: 07/29/2002)

Motion by Regis Corporation for special hearing - for expedited hearing on plaintiff's motion for protective order to preclude deposition of Diane Webb (mc2) (Entered: 07/31/2002)

Response by Regis Corporation motion for protective order to quash deposition of EEOC investigator, Diane Webb [57-1] (mc2) (Entered: 07/31/2002)

Minutes of proceedings for motions hearing conducted on 8/1/02 by Judge Austin. Court Reporter: ERO. (mc2) (Entered: 08/01/2002)

Motion hearing held for the following motions: [37-1], [34-1]. Written order by end of week. (mc2) (Entered: 08/01/2002)

Order granting in part, denying in part motion for leave to redepose Michael Sean Hayes and Jack Robert Kelly [37-1] denying motion for court-ordered mental examination of class participants (Michael Hayes, Jack Kelly and Helio Arizola) [34-1] mooting motion for protective order [42-1], mooting motion to quash [42-2], mooting motion for special hearing on motion for protective order and to quash [42-3]. (Noticed 8/2/02.) (mc2) (Entered: 08/02/2002)

Response by Regis Corporation motion for protective order to quash deposition of EEOC investigator, Diane Webb [57-1] (mc2) (Entered: 08/05/2002)

Motion by Regis Corporation for reconsideration regardint the motion for Court-Ordered Mental Examination (td) Modified on 08/14/2002 (Entered: 08/14/2002)

Supplemental certificate of conference filed by Regis Corporation Re: motion to compel discovery (from defendant) [47-1] (mc2) (Entered: 08/19/2002)

Order denying motion for reconsideration regarding the motion for Court-Ordered Mental Examination [66-1]. (Noticed 8/19/02.) (mc2) Modified on 08/19/2002 (Entered: 08/19/2002)

Response by EEOC in opposition to motion for reconsideration regarding the motion for Court-Ordered Mental Examination [66-1] (fe) (Entered: 08/20/2002)

Order denying motion for special hearing - for expedited hearing on plaintiff's motion for protective order to preclude deposition of Diane Webb [61-1]; the Court will hear oral argument on the Plaintiff's Motion for Protective Order on 8/21/02 (fe) (Entered: 08/20/2002)

Minutes of proceedings for pending motions hearing conducted on 8/21/02 by Judge Austin. Court Reporter: ERO. (mc2) (Entered: 08/21/2002)

Motion hearing held for the following motions: [57-1], [47-1], [46-1], [45-1]. Written order to follow. (mc2) (Entered: 08/21/2002)

Order granting motion for protective order to quash deposition of EEOC investigator, Diane Webb [57-1], granting in part, denying in part motion to compel discovery (from defendant) [47-1], denying motion to compel (to redepose Helio Arizola) [46-1], denying as moot motion to compel (plaintiff to supplement discovery responses) [45-1] as defendant withdrew this motion at hearing. (Noticed 8/22/02.) (mc2) (Entered: 08/22/2002)

Joint Advisory to the court filed by EEOC, Regis Corporation re settlement of case. Consent decree to be submitted by 9/20/02. (mc2) (Entered: 09/06/2002)

Motion by Jack Kelly with memorandum in support to intervene (as party plaintiff) (mc2) (Entered: 09/19/2002)

Received, Consent Decree and final judgment order entering consent decree. Originals to Magistrate Austin. (mc2) (Entered: 09/23/2002)

Response by TX Regis Corp. to motion to intervene (as party plaintiff) [75-1] (mc2) Modified on 10/04/2002 (Entered: 10/03/2002)

Motion by Regis Corporation for sanctions (against Jack R. Kelly re intervention) (mc2) (Entered: 10/03/2002)

Report and recommendation of Judge Austin that the District Court deny the motion for sanctions (against Jack R. Kelly re intervention) [76-1], and grant the motion to intervene (as party plaintiff) [75-1], and that the District Court sign the proposed consent decree between EEOC and Regis Corp. (Noticed CMRRR 10/21/02.) (mc2) (Entered: 10/21/2002)

CASE NO LONGER REFERRED TO Judge Andrew W. Austin (mc2) (Entered: 10/21/2002)

Acknowledgment receipt of Regis Corporation magistrate report and recommendations by Dietz & Assoc. on 10/22/02. (mc2) (Entered: 10/23/2002)

Acknowledgment receipt of EEOC magistrate report and recommendations by EEOC attorneys on 10/22/02. (mc2) (Entered: 10/23/2002)

Acknowledgment receipt of Jack Kelly magistrate report and recommendations on 10/23/02. (mc2) (Entered: 10/25/2002)

Acknowledgment receipt of Regis Corporation magistrate report and recommendations by Holland & Knight on 10/23/02. (mc2) (Entered: 10/28/2002)

Order accepting Magistrate's Report and Recommendation, denying motion for sanctions (against Jack R. Kelly re intervention) [76-1], granting motion to intervene (as party plaintiff) [75-1]. (Noticed 11/8/02.) (mc2) (Entered: 11/08/2002)

Consent judgment for EEOC against Regis Corporation (Pages: 9), with injunctive provisions, each party to bear own costs and attorneys' fees. (Noticed 11/8/02.) (mc2) (Entered: 11/08/2002)

Motion by Regis Corporation to abate pretrial deadlines , and to expedite ruling (mc2) (Entered: 11/19/2002)

Motion by Regis Corp. for leave to file a motion for summary judgment (mc2) Modified on 11/27/2002 (Entered: 11/19/2002)

Received, defendant's motion for summary judgment. (mc2) (Entered: 11/19/2002)

Order referring case to Magistrate Austin for resolution of any future discovery or non-dispositive motions, and report and recommendation on motion for summary judgment (if Magistrate grants motion for leave to file summary judgment motion). (Noticed 11/21/02.) (mc2) (Entered: 11/21/2002)

Case referred to Judge Andrew W. Austin (mc2) (Entered: 11/21/2002)

Notice of filing - certificate of conference - by Regis Corporation re no opposition to defendant's motion to abate pretrial deadlines and request for expedited ruling. (mc2) (Entered: 11/21/2002)

Order granting motion to abate pretrial deadlines [80-1], granting motion to expedite ruling [80-2], and that the parties file pretrial documents... by 12/6/02. (Noticed 11/21/02.) (mc2) (Entered: 11/21/2002)