Case: EEOC v. SHONEY'S

EEOC v. Bud Foods, LLC

EEOC v. Bud Foods, LLC d/b/a Shoney's Restaurant

EEOC v. Bud Foods, LLC

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT Filing Fee - Waived (cbb) (Entered: 10/05/2004)

CONSENT/REFUSAL to Magistrate Jurisdiction by EEOC - Consent (cbb) (Entered: 10/06/2004)

WAIVER OF SERVICE Returned Executed as to Bud Foods LLC 10/4/04 Answer due on 12/3/04 for Bud Foods LLC (tme) (Entered: 10/29/2004)

ANSWER to Complaint by Bud Foods LLC (tme) (Entered: 12/02/2004)

Certificate of I.A.C. and Discovery Plan by plaintiff EEOC, defendant Bud Foods LLC cc: CH (tme) (Entered: 12/17/2004)

CONSENT/REFUSAL to Magistrate Jurisdiction by Bud Foods LLC - Refusal (tme) (Entered: 12/21/2004)

CASE reassigned to Judge Richard L. Voorhees - notice of reassignment mailed to parties. (tme) (Entered: 12/21/2004)

CASE REFERRED to Magistrate Judge Carl Horn III (tme) (Entered: 12/21/2004)

INITIAL PRETRIAL ORDER Discovery deadline is 9/20/05 Motion filing deadline is 10/20/05 Trial with jury will be scheduled for next trial time after 4/30/06 before Judge Richard L. Voorhees ETT: 5 days Case suitable for mediation Court will enter order ( signed by Magistrate Judge Carl Horn III ) cc: attys of record (cbb) (Entered: 12/28/2004)

ORDER referring case to ADR. Mediation deadline: 5/2/05 Jonathan R. Harkavy appointed. ( signed by Magistrate Judge Carl Horn III ) cc: attys of record, mediator (cbb) (Entered: 12/28/2004)

MOTION by Jonathan R. Harkavy to Extend Time to 6/21/05 for mediation referred to: Magistrate Judge Carl Horn III (tme) (Entered: 01/06/2005)

ORAL ORDER granting [10-1] motion to Extend Time to 6/21/05 for mediation, Mediation deadline 6/21/05 ( signed by Magistrate Judge Carl Horn III ) (tme) (Entered: 01/06/2005)

CONSENT PROTECTIVE ORDER ( signed by Magistrate Judge Carl Horn III ) [EOD DATE: 2/25/05] cc: cnsl (smj) (Entered: 02/25/2005)

CONSENT ORDER, Amending pretrial [8-1] order to enlarge time w/i which parties shall make expert disclosures ( signed by Magistrate Judge Carl Horn III ) [EOD DATE: 4/21/05] cc: attys of record (cbb) (Entered: 04/21/2005)

REPORT of Mediation by jonathan R. Harkavy, Mediator; Mediation held 6/21/05; Impasse(Bouchard, Carolyn) (Entered: 06/28/2005)

JOINT MOTION for Extension of Time to Complete Discovery to 12/20/05, MOTION for Extension of Scheduling Deadlines-dispositive mot ddl to 1/18/06, jury trial ddl to 7/31/06 by Equal Employment Opportunity Commission, Bud Foods, LLC. Responses due by 9/7/2005 Responses due by 9/7/2005 (Attachments: # 1 Text of Proposed Order) (Bouchard, Carolyn) (Entered: 09/09/2005)

ORDER granting 14 Motion for Extension of Time to 12/20/05 to Complete Discovery, granting 14 Motion for Extension of Scheduling Deadlines; dispositive motions ddl ext to 1/18/06; jury trial ddl ext to 7/31/06 . Signed by Judge Carl Horn III on 9/12/2005. (Bouchard, Carolyn) (Entered: 09/13/2005)

Reset Deadlines/Hearings: Discovery due by 12/20/2005. Dispositive Motions due by 1/18/2006. Jury Trial set for 7/31/2006 10:00 AM in Statesville Courtroom, 200 W. Broad St., Statesville, NC 28677 before Richard Voorhees. (Bouchard, Carolyn) (Entered: 09/13/2005)

Second JOINT MOTION for Extension of Time to Complete Discovery and Extend Dispositive Motion Deadline filed Jointly by Equal Employment Opportunity Commission and by Bud Foods, LLC. & EEOC Responses due by 12/28/2005 (Attachments: # 1 Text of Proposed Order) (Doyle, John) Modified on 12/14/2005 (Barton, Elizabeth) - added additional filer EEOC and the word "Joint" before Motion. (Entered: 12/14/2005)

Proposed document submitted to Judge Carl Horn. (Doyle, John) (Entered: 12/14/2005)

ORDER granting 16 Motion for Extension of Time to Complete Discovery; disc ddl ext to 1/19/06; dispositive motions ddl ext to 2/20/06; case to remain scheduled for trial during next civil jury term of court beginning on or after 7/31/06 . Signed by Judge Carl Horn III on 12/14/2005. (Bouchard, Carolyn) (Entered: 12/14/2005)

Set/Reset Scheduling Order Deadlines: Discovery due by 1/19/2006. Motions due by 2/20/2006. (Bouchard, Carolyn) (Entered: 12/16/2005)

MEMORANDUM in Support re 18 MOTION for Summary Judgment filed by Bud Foods, LLC. (Doyle, John) (Entered: 02/21/2006)

MOTION for Summary Judgment by Bud Foods, LLC. Responses due by 3/10/2006 (Doyle, John) (Entered: 02/21/2006)

Appendix by Bud Foods, LLC. Appendix re: 18 Motion for Summary Judgment. (Attachments: # 1 Tab 1-Declaration of Tracy E. Faust, III# 2 Tab 2-Declaration of John J. Doyle, Jr.# 3 Tab 3-Deposition of Sonia Phoski Volume I Excerpt# 4 Tab 4-Deposition of Sonia Pohoski Volume II Excerpts (part 1)# 5 Tab 4-Deposition of Sonia Pohoski Volume II Excerpts (part 2)# 6 Tab 5-Deposition of Tracy Faust, II Excerpts# 7 Tab 6-Deposition of Tracy Faust, III Excerpts# 8 Tab 7-Deposition of Richard Santorum Excerpts# 9 Tab 8-Deposition of Denise Carman Excerpts# 10 Tab 9-Deposition of Loretta Styers Excerpts# 11 Tab 10-Deposition of David Hodge Excerpts# 12 Tab 11-Deposition of 30(b)(6) Volume I Excerpts# 13 Tab 12-Deposition of 30(b)(6) Volume II Excerpts# 14 Tab 13-Cited Unpublished Authority)(Doyle, John) (Entered: 02/21/2006)

MEMORANDUM in Opposition re 18 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (Haden, Kara) (Entered: 03/10/2006)

Appendix by Equal Employment Opportunity Commission. Appendix re: 21 Memorandum in Opposition to Motion for Summary Judgment . (Attachments: # 1 Exhibit 1 - 30b6 Deposition Notice# 2 Exhibit 2 - 30b6 Deposition Continuation Notice# 3 Exhibit 3 - Def's Response to EEOC's First RFA# 4 Exhibit 4 - Sexual Harassment Policy# 5 Exhibit 5 - Shoney's Inc. E-mail of 8/27/2004# 6 Exhibit 6 - 30b6 Deposition Vol I# 7 Exhibit 7 - 30b6 Deposition Vol II# 8 Exhibit 8 - Carman Deposition# 9 Exhibit 9 - Faust II Deposition# 10 Exhibit 10 - Faust III Deposition# 11 Exhibit 11 - Hodge Deposition# 12 Exhibit 12 - Santorum Deposition# 13 Exhibit 13 - Styers Deposition# 14 Exhibit 14 - Pohoski Deposition Vol I# 15 Exhibit 15 - Pohoski Deposition Vol II# 16 Exhibit 16 - Unpublished Authority (Jenkins)# 17 Exhibit 17 - Unpublished Authority (Morris)# 18 Exhibit 18 - Unpublished Authority (Swinson- Hill)# 19 Exhibit 19 - Unpublished Authority (Walker)# 20 Exhibit 20 - EEOC Guidance)(Haden, Kara) (Entered: 03/10/2006)

MOTION for Extension of Time to File Response/Reply as to 21 Memorandum in Opposition to Motion by Bud Foods, LLC. Responses due by 4/10/2006 (Attachments: # 1 Proposed Order)(Doyle, John) (Entered: 03/24/2006)

ORDER granting 23 Motion for Extension of Time to File Response/Reply re 18 MOTION for Summary Judgment Replies due by 3/27/2006.. Signed by Judge Carl Horn III on 3/24/2006. (Bouchard, Carolyn) (Entered: 03/24/2006)

REPLY to Response to Motion re 18 MOTION for Summary Judgment filed by Bud Foods, LLC. (Doyle, John) (Entered: 03/27/2006)

Appendix by Bud Foods, LLC. Appendix re: 25 Reply to Response to Motion for Summary Judgment . (Attachments: # 1 Tab 1-Deposition of Sonia Pohoski Volume II Excerpts# 2 Tab 2-Deposition of Tracy E. Faust, II Excerpts# 3 Tab 3-Deposition of Tracy E. Faust, III Excerpts# 4 Tab 4-Deposition of Richard J. Santorum Excerpts# 5 Tab 5-Deposition of Denise Carman Excerpts# 6 Tab 6-Deposition of 30(b)(6) Volume I Excerpts# 7 Tab 7-Cited Unpublished Authority (part 1)# 8 Tab 7-Cited Unpublished Authority (part 2))(Doyle, John) (Entered: 03/27/2006)

MOTION for Leave to File a Response Brief to Defendant's Reply Brief by Equal Employment Opportunity Commission. Responses due by 4/17/2006 (Attachments: # 1 Exhibit A - Proposed Surreply Brief with Exhibits# 2 Exhibit B - Dettlaff v. Holiday Inns, Inc.# 3 Proposed Order) (Haden, Kara) (Entered: 03/30/2006)

ORDER granting 27 Motion for Leave to File Brief in Response to dft's Reply Brief in Support of dft's Motion for Sum Jgmt. Signed by Judge Carl Horn III on 4/3/2006. (Bouchard, Carolyn) (Entered: 04/03/2006)

Surreply by Equal Employment Opportunity Commission as to 18 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (Haden, Kara) (Entered: 04/03/2006)

Appendix by Equal Employment Opportunity Commission. Appendix re: 29 Surreply Brief in Opposition to Defendant's Reply Brief in Support of Defendant's Motion for Summary Judgment . (Attachments: # 1 Exhibit 1 - Styers Deposition Excerpts# 2 Exhibit 2 - Styers Time Records# 3 Exhibit 3 - Pohoski Deposition Excerpts# 4 Exhibit 4 - Pohoski Time Records# 5 Exhibit 5 - Tracy E. Faust II Time Records)(Haden, Kara) (Entered: 04/03/2006)

MOTION for Reconsideration re 28 Order on Motion for Leave to File by Bud Foods, LLC. Responses due by 4/20/2006 (Attachments: # 1 Defendant's Brief in Opposition to Plaintiff's Motion to File Surreply# 2 Unpublished Case-Oyler v. US)(Doyle, John) (Entered: 04/03/2006)

ORDER denying 31 Motion for Reconsideration, the District Court will consider what is, in effect, a sur-reply in opposition to Dft's Motion for SumJgm . Signed by Judge Carl Horn III on 4/4/06. (Evans, Tammy)

NOTICE by Bud Foods, LLC re 18 MOTION for Summary Judgment and Suggestion of Subsequently Decided Authority in Support of Defendant's Motion for Summary Judgment (Attachments: # 1 Unpublished Case - Greene v. A. Duie Pyle, Inc.)(Doyle, John) (Entered: 04/12/2006)

ORDER granting dft's 18 Motion for Summary Judgment. Signed by Judge Richard Voorhees on 8/7/2006. (cbb)

CLERK'S JUDGMENT in favor of defendant against plaintiff entered in accordance with Court's 8/7/06 Order.. Signed by Frank G. Johns, Clerk, on 8/7/2006. (cbb)