Case: EEOC v. Outback Steakhouse

U.S. Court of Appeals for the Eleventh Circuit

No Court

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT, jury trial demand, and injunctive relief sought filed (jlg) (Entered: 10/01/1999)

SUMMONS(ES) issued for Outback Steakhouse . Consent(s) issued. (jlg) (Entered: 10/01/1999)

MAGISTRATE JUDGE CASE ASSIGNMENT Magistrate assigned: Mary S. Scriven (jlg) (Entered: 10/01/1999)

NOTICE of designation under Local Rule 3.05 - TRACK 2. (ctc) (jnb) (Entered: 10/04/1999)

ANSWER and affirmative defenses to Complaint by Outback Steakhouse (jnb) (Entered: 12/07/1999)

AMENDED ANSWER and affirmative defenses to Complaint by Outback Steakhouse: amends [3-1] answer (jnb) (Entered: 12/14/1999)

MOTION with memorandum in support to intervene by Dena Zechella Injunctive relief sought, jury trial demanded; proposed complaint in intervention attached. (jnb) (Entered: 12/27/1999)

CASE MANAGEMENT REPORT. (jnb) (Entered: 12/27/1999)

ORDER granting [5-1] motion to intervene by Dena Zechella. The clerk shall accept for filing the intervenor's complaint in intervention. ( Signed by Judge Richard A. Lazzara ) ctc (jnb) (Entered: 12/29/1999)

Intervenor's COMPLAINT by Dena Zechella against Outback Steakhouse (jnb) (Entered: 12/29/1999)

CASE MANAGEMENT AND SCHEDULING ORDER setting Third-Party Joinder deadline 3/17/00; Discovery cutoff 10/13/00; Deadline for filing of motions 12/8/00; Pretrial conference for 2:00 2/22/01; Scheduled for Magistrate Judge Mary S. Scriven; Jury trial set for term commencing 4/2/01 before Judge Richard A. Lazzara (signed by cdc/rjc) ctc (jnb) Modified on 01/04/2000 (Entered: 01/04/2000)

Jury trial set for term commencing 4/2/01 Scheduled for Judge Richard A. Lazzara (jnb) (Entered: 01/04/2000)

MOTION by Outback Steakhouse with memorandum in support for clarification of [7-1] order granting intervention , for reconsideration of [7-1] order granting intervention (jnb) Modified on 01/12/2000 (Entered: 01/06/2000)

ORDER granting [10-1] motion for clarification of [7-1] order granting intervention, granting [10-2] motion for reconsideration of [7-1] order granting intervention. It was the court's intention to allow the plaintiff-intervenor to intervene only in the part of the action brought by the EEOC under Title VII. It is not the court's intention to allow her to intervene as to the claim brought under the Equal Pay Act. ( Signed by Judge Richard A. Lazzara ) ctc (jnb) Modified on 01/13/2000 (Entered: 01/10/2000)

MEDIATION REPORT: Voluntary Mediation conference held 5/10/00; Wayne Thomas, mediator; Hearing outcome, Impasse (map) (Entered: 05/12/2000)

MOTION by Dena Zechella with memorandum in support for leave to amend [8-1] intervenor complaint Proposed amended intervenor complaint attached. (rm) Modified on 05/30/2000 (Entered: 05/30/2000)

RESPONSE by Outback Steakhouse to [13-1] motion for leave to amend [8-1] intervenor complaint (jnb) (Entered: 06/13/2000)

ORDER granting [13-1] motion for leave to amend [8-1] intervenor complaint, set answer due for 7/10/00 for Outback Steakhouse for amended complaint ( Signed by Judge Richard A. Lazzara ) ctc (jnb) (Entered: 06/16/2000)

AMENDED INTERVENOR'S COMPLAINT: amending [8-1] intervenor complaint (jnb) (Entered: 06/16/2000)

ANSWER and affirmative defenses by Outback Steakhouse to [16-1] amended intervenor complaint (jnb) (Entered: 07/17/2000)

MOTION by EEOC, Outback Steakhouse, Dena Zechella with memorandum in support (joint) for enlargement of time until 1/15/01 for discovery cutoff , (joint) for enlargement of time for deadline for filing dispositive motions (jnb) (Entered: 08/16/2000)

ORDER granting [18-1] motion for enlargement of time until 1/15/01 for discovery cutoff, granting [18-2] motion for enlargement of time for deadline for filing dispositive motions, reset discovery due for 12/15/00 , reset dispositive motion filing deadline for 1/15/01 ( Signed by Judge Richard A. Lazzara ) ctc (jnb) (Entered: 08/18/2000)

MOTION by EEOC, Outback Steakhouse, Dena Zechella with memorandum in support (joint) for enlargement of time until 2/16/01 for discovery cutoff (jnb) (Entered: 12/04/2000)

ORDER granting [20-1] motion for enlargement of time until 2/16/01 for discovery cutoff, reset discovery due for 2/16/01 , reset dispositive motion filing deadline for 4/2/01 ( Signed by Judge Richard A. Lazzara ) ctc (jnb) (Entered: 12/06/2000)

JOINT MOTION by Dena Zechella (joint stipulation) for substitution of counsel (jnb) (Entered: 12/15/2000)

NOTICE of lien by Jonathan Alpert, counsel for Dena Zechella(jnb) Modified on 12/15/2000 (Entered: 12/15/2000)

ORDER granting [22-1] joint motion for substitution of counsel terminated attorney Ryan Christopher Rodems for Dena Zechella; Added Jonathan L. Alpert. ( Signed by Judge Richard A. Lazzara ) ctc (jnb) (Entered: 12/18/2000)

ORDER, set pretrial conference for 9:00 2/22/01 scheduled for Magistrate Judge Mary S. Scriven , set pretrial statement deadline for 2/19/01 ( Signed by Magistrate Judge Mary S. Scriven ) ctc (jnb) (Entered: 01/10/2001)

ORDER, reset pretrial conference for 9:30 7/25/01 scheduled for Magistrate Judge Mary S. Scriven , reset pretrial statement deadline for 7/20/01 , reset jury trial for 9/4/01 scheduled for Judge Richard A. Lazzara ( Signed by Judge Richard A. Lazzara ) ctc (jnb) (Entered: 01/19/2001)

MOTION by Dena Zechella with memorandum in support to continue final pretrial conference referred to Magistrate Judge Mary S. Scriven (jnb) (Entered: 01/22/2001)

NOTICE by Dena Zechella of change of address for counsel (jnb) (Entered: 01/22/2001)

ORDER granting [27-1] motion to continue final pretrial conference ( Signed by Judge Richard A. Lazzara ) ctc (jnb) (Entered: 01/24/2001)

MOTION by EEOC with memorandum in support to compel discovery referred to Magistrate Judge Mary S. Scriven (jnb) (Entered: 02/16/2001)

UNOPPOSED MOTION by Outback Steakhouse (unopposed) for enlargement of time to file response to motion to compel ; proposed response attached. (jnb) (Entered: 03/14/2001)

ORDER granting [29-1] motion to compel discovery ( Signed by Judge Richard A. Lazzara ) ctc (jnb) (Entered: 03/14/2001)

ORDER denying [30-1] consent motion for enlargement of time to file response to motion to compel as moot. The clerk shall file the defendant's response for record purposes. ( Signed by Judge Richard A. Lazzara ) ctc (jnb) (Entered: 03/16/2001)

RESPONSE by Outback Steakhouse to [29-1] motion to compel discovery (jnb) (Entered: 03/16/2001)

(NOTICE OF FILING) AFFIDAVIT of James Butler by Outback Steakhouse Re: [33-1] motion response; attached. (jnb) (Entered: 03/16/2001)

MOTION by EEOC, Outback Steakhouse, Dena Zechella with memorandum in support to extend time for filing dispositive motions (jlh) (Entered: 03/28/2001)

ENDORSED ORDER granting [35-1] motion to extend time for filing dispositive motions, reset dispositive motion filing deadline for 4/17/01 ( Signed by Judge Richard A. Lazzara ) ctc (jnb) (Entered: 03/29/2001)

MOTION by EEOC for partial summary judgment (jnb) (Entered: 04/16/2001)

STATEMENT OF MATERIAL FACTS NOT IN DISPUTE by EEOC regarding motion for partial summary judgment [36-1] (jnb) (Entered: 04/16/2001)

MOTION by Outback Steakhouse with memorandum in support for enlargement of page limits for dispositive motion for summary judgment ; proposed motion for summary judgment attached. (jnb) (Entered: 04/18/2001)

NOTICE of filing materials in support of motion for summary judgment by Outback Steakhouse (filed under separate cover) (jnb) Modified on 04/19/2001 (Entered: 04/19/2001)

ORDER granting [38-1] motion for enlargement of page limits for dispositive motion for summary judgment ( Signed by Judge Richard A. Lazzara ) ctc (jnb) (Entered: 04/19/2001)

MOTION by Outback Steakhouse with memorandum in support for summary judgment (jnb) (Entered: 04/20/2001)

RESPONSE by Outback Steakhouse to [36-1] motion for partial summary judgment (jnb) (Entered: 05/01/2001)

MOTION by EEOC, Dena Zechella with memorandum in support (unopposed) for enlargement of time until 5/25/01 to file response to motion for summary judgment (jnb) (Entered: 05/02/2001)

ENDORSED ORDER granting [43-1] motion for enlargement of time until 5/25/01 to file response to motion for summary judgment, response to motion set to 5/25/01 for [41-1] motion for summary judgment by intervenor-defendant by defendant ( Signed by Judge Richard A. Lazzara ) ctc (jnb) (Entered: 05/03/2001)

ORDER denying [36-1] motion for partial summary judgment ( Signed by Judge Richard A. Lazzara ) ctc (jnb) (Entered: 05/09/2001)

RESPONSE by Dena Zechella to [41-1] motion for summary judgment (jnb) (Entered: 05/24/2001)

NOTICE of filing depositions in support of response to motion for summary judgment by Dena Zechella (jnb) (Entered: 05/24/2001)

DEPOSITION of Sharon Jenkins by Dena Zechella re: [45-1] motion response Transcript filed separately. (jnb) (Entered: 05/24/2001)

DEPOSITION of David Chriss by Dena Zechella re: [45-1] motion response. Transcript filed separately. (jnb) (Entered: 05/24/2001)

DEPOSITION of Timothy Gerald Martin by Dena Zechella re: [45-1] motion response. Transcript filed separately. (jnb) (Entered: 05/24/2001)

DEPOSITION of Steven C. Stanley by Dena Zechella re: [45-1] motion response. Transcript filed separately. (jnb) (Entered: 05/24/2001)

DEPOSITION of Linda Wolfe by Dena Zechella re: [45-1] motion response. Transcript filed separately. (jnb) (Entered: 05/24/2001)

STATEMENT OF MATERIAL FACTS which are in dispute by EEOC (jnb) (Entered: 05/29/2001)

MOTION by EEOC with memorandum in support (unopposed) for leave to file response to defendant's motion for summary judgment in excess of the page limitations ; proposed response attached. (jnb) (Entered: 05/29/2001)

ORDER granting [52-1] motion for leave to file response to defendant's motion for summary judgment in excess of the page limitations ( Signed by Judge Richard A. Lazzara ) ctc (jnb) (Entered: 05/31/2001)

RESPONSE by EEOC to [41-1] motion for summary judgment (jnb) (Entered: 06/01/2001)

ORDER denying [41-1] motion for summary judgment. See order for details. ( Signed by Judge Richard A. Lazzara ) ctc (jnb) (Entered: 07/10/2001)

ORDER, reset pretrial conference for 10:00 8/7/01; scheduled for Magistrate Judge Mary S. Scriven , reset joint pretrial statement deadline for 8/2/01 ( Signed by Magistrate Judge Mary S. Scriven ) ctc (jnb) (Entered: 07/13/2001)

NOTICE by EEOC of unavailability of counsel from 9/16/01 to 9/30/01 due to the Jewish High Holidays (jnb) (Entered: 07/13/2001)

ORDER that plaintiff's counsel shall have available another attorney to try this case in the event it is called for trial during the periods when the plaintiff's lead trial attorney is unavailable. ( Signed by Judge Richard A. Lazzara ) ctc (jlh) (Entered: 07/16/2001)

NOTICE of attorney appearance for EEOC by Rachel H. Shonfield (jnb) (Entered: 07/17/2001)

JOINT PRETRIAL STIPULATION. (jnb) (Entered: 08/03/2001)

PRETRIAL CONFERENCE held on 8/7/01 before Magistrate Judge Mary S. Scriven. Estimated 3 days jury trial. Tape: 74/634-2644. (jnb) (Entered: 08/08/2001)

ORDER directing that motions in limine be timely filed and directing compliance with Local Rule 3/01(g). See order for details. ( Signed by Judge Richard A. Lazzara ) ctc (jnb) (Entered: 08/09/2001)

TRIAL CALENDAR scheduled for Judge Richard A. Lazzara; Jury trial deadline for term commencing 9/4/01 ( Signed by Judge Richard A. Lazzara ) ctc (jnb) (Entered: 08/13/2001)

MOTION by EEOC in limine to exclude introduction of prejudicial handwritten damages estimate, not authored by the charging party (jnb) (Entered: 08/21/2001)

MOTION by Dena Zechella with memorandum in support in limine regarding defendant's exhibit 69 (jnb) (Entered: 08/21/2001)

AFFIDAVIT of Dena Zechella by Dena Zechella Re: [66-1] motion in limine regarding defendant's exhibit 69 (jnb) (Entered: 08/21/2001)

MOTION by Outback Steakhouse with memorandum in support in limine to preclude introduction of evidence regarding amounts paid to EMK Consultants (jnb) (Entered: 08/21/2001)

ORDER granting motion to computer equipment for use at trial for attorney Rachel Shonfield. ( Signed by Magistrate Judge Mary S. Scriven ) ctc (jnb) (Entered: 08/23/2001)

ORDER denying without prejudice [68-1] motion in limine to preclude introduction of evidence regarding amounts paid to EMK Consultants, denying without prejudice [66-1] motion in limine regarding defendant's exhibit 69, denying without prejudice [65-1] motion in limine to exclude introduction of prejudicial handwritten damages estimate, not authored by the charging party to be renewed at the appropriate time during the course of trial. reset jury trial for date certain 9:00 9/10/01; scheduled for Judge Richard A. Lazzara ( Signed by Judge Richard A. Lazzara ) ctc (jnb) (Entered: 08/23/2001)

RESPONSE by Dena Zechella to [68-1] motion in limine to preclude introduction of evidence regarding amounts paid to EMK Consultants (jnb) (Entered: 08/28/2001)

CONCISE JOINT STATEMENT of the nature of the action by Dena Zechella (jnb) (Entered: 08/28/2001)

PRETRIAL ORDER filed. All motions in limine shall be filed by 8/20/01 and responses shall be filed by 8/27/01. set jury trial for date certain 9/10/01; scheduled for Judge Richard A. Lazzara See order for details. ( Signed by Magistrate Judge Mary S. Scriven ) ctc (jnb) (Entered: 08/29/2001)

TRIAL BRIEF by Dena Zechella (jnb) (Entered: 08/30/2001)

PROPOSED voir dire questions by Dena Zechella (jnb) (Entered: 08/30/2001)

PLAINTIFF'S AND INTERVENOR'S NOTICE of filing jury instructions and verdict form by Dena Zechella (jnb) (Entered: 08/30/2001)

PROPOSED jury instructions by EEOC, Dena Zechella (jnb) (Entered: 08/30/2001)

PROPOSED verdict form filed by EEOC, Dena Zechella (jnb) (Entered: 08/30/2001)

(NOTICE OF ADOPTION) JOINDER in [77-1] instructions jury, [77-1] form proposed verdict by Dena Zechella (jnb) (Entered: 08/30/2001)

MOTION by EEOC with memorandum in support (unopposed) to enlarge the page limit for EEOC's trial brief ; proposed trial brief attached. (jnb) (Entered: 08/30/2001)

PROPOSED voir dire questions by EEOC (jnb) (Entered: 08/30/2001)

TRIAL BRIEF by Outback Steakhouse (jnb) (Entered: 08/30/2001)

PROPOSED voir dire questions by Outback Steakhouse (jnb) (Entered: 08/30/2001)

(REQUEST TO CHARGE) PROPOSED jury instructions by Outback Steakhouse (jnb) (Entered: 08/30/2001)

ORDER granting [79-1] motion to enlarge the page limit for EEOC's trial brief ( Signed by Judge Richard A. Lazzara ) ctc (jnb) (Entered: 08/31/2001)

TRIAL BRIEF by EEOC (jnb) (Entered: 09/06/2001)

JURY TRIAL, day 1, held on 9/10/01 before Judge Richard A. Lazzara. Court recessed until 9/11/01 at 9:00. Court reporter: Claudia Spangler-Fry. (jnb) (Entered: 09/12/2001)

JURY TRIAL, day 2, held on 9/11/01 before Judge Richard A. Lazzara. Court recessed until 9/12/01 at 9:00. Court reporter: Claudia Spangler-Fry. (jnb) (Entered: 09/12/2001)

JURY TRIAL, day 3, held on 9/12/01 before Judge Richard A. Lazzara. Court recessed until 9/13/01 at 9:30. Court reporter Claudia Spangler-Fry. (jnb) (Entered: 09/13/2001)

JURY TRIAL held on 9/13/01 before Judge Richard A. Lazzara. Court recessed until 9/14/01 at 12:00. Court reporter Claudia Spangler-Fry (jnb) (Entered: 09/17/2001)

WITNESS LIST by plaintiff EEOC (filed in open court) (jnb) Modified on 09/18/2001 (Entered: 09/18/2001)

EXHIBIT LIST by plaintiff EEOC (filed in open court) (jnb) (Entered: 09/18/2001)

EXHIBIT LIST by defendant Outback Steakhouse (filed in open court) (jnb) (Entered: 09/18/2001)

WITNESS LIST by defendant Outback Steakhouse (filed in open court) (jnb) (Entered: 09/18/2001)