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DOCKET SHEET - EEOC vs ADECCO
1. CM/ECF - U.S. District Court:utd https://ecf.utd.uscourts.gov/cgi-bin/DktRpt.pl?558825094258695-L_1_0-1
CLOSED
US District Court Electronic Case Filing System
District of Utah (Northern)
CIVIL DOCKET FOR CASE #: 1:06-cv-00124-BSJ
Equal Employment Opportunity Commission v. Adecco USA Date Filed: 09/29/2006
Assigned to: Judge Bruce S. Jenkins Date Terminated: 07/08/2010
Cause: 42:2000 Job Discrimination (Employment) Jury Demand: Plaintiff
Nature of Suit: 442 Civil Rights: Jobs
Jurisdiction: U.S. Government Plaintiff
Plaintiff
Equal Employment Opportunity represented by Jeannette F. Swent
Commission US ATTORNEY'S OFFICE (UT)
SALT LAKE CITY, UT 00000
(801)524-5682
Email: Jeannette.Swent@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Loretta F. Medina
EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION (NM)
ALBUQUERQUE AREA OFFICE
505 MARQUETTE NW STE 900
ALBUQUERQUE, NM 87102-2189
(505)248-5230
Email: loretta.medina@eeoc.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Mary Jo O'Neill
EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION (AZ)
PHOENIX DISTRICT OFFICE
3300 N CENTRAL AVE STE 690
PHOENIX, AZ 85012-1848
(602)640-5000
Email: mary.oneill@eeoc.gov
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Sally C. Shanley
EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION (AZ)
PHOENIX DISTRICT OFFICE
3300 N CENTRAL AVE STE 690
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PHOENIX, AZ 85012-1848
(602)640-5032
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Stephen J. Sorenson
US ATTORNEY'S OFFICE (UT)
SALT LAKE CITY, UT 00000
(801)325-3218
TERMINATED: 06/02/2010
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Veronica A. Molina
EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION (NM)
ALBUQUERQUE AREA OFFICE
505 MARQUETTE NW STE 900
ALBUQUERQUE, NM 87102-2189
(505)248-5231
Email: veronica.molina@eeoc.gov
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
William E. Moench
EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION (CO)
303 E 17TH AVE STE 410
DENVER, CO 80203
(303)866-1378
Email: william.moench@eeoc.gov
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
V.
Defendant
Adecco USA represented by Justin B. Palmer
STOEL RIVES (UT)
201 S MAIN ST STE 1100
SALT LAKE CITY, UT 84111-4904
(801)328-3131
Email: jbpalmer@stoel.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Matthew M. Durham
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STOEL RIVES (UT)
201 S MAIN ST STE 1100
SALT LAKE CITY, UT 84111-4904
(801)328-3131
Email: mmdurham@stoel.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Mediator
Lois A. Baar represented by Lois A. Baar
TERMINATED: 10/15/2009 HOLLAND & HART (UT)
222 S MAIN ST STE 2200
SALT LAKE CITY, UT 84101
(801)799-5929
Email: labaar@hollandhart.com
Date Filed # Docket Text
09/29/2006 1 Case has been opened and assigned to Judge Bruce S. Jenkins. Plaintiff Equal
Employment Opportunity Commission is directed to E-File the Complaint(found under
Complaints and Other Initiating Documents) by the end of the business day. Filing Fee
waived (USA) (rlr, ) (Entered: 09/29/2006)
10/02/2006 2 COMPLAINT against Adecco USA No Filing Fee, filed by Equal Employment
Opportunity Commission. (Attachments: # 1 Civil Cover Sheet) Assigned to Judge
Bruce S. Jenkins (Sorenson, Stephen) (Entered: 10/02/2006)
10/02/2006 3 NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Mary Jo
O'Neill and Sally C. Shanley, for Plaintiff Equal Employment Opportunity Commission
(rlr, ) (Entered: 10/02/2006)
10/02/2006 4 NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Veronica A.
Molina and Loretta Medina, for Plaintiff Equal Employment Opportunity Commission
(rlr, ) (Entered: 10/02/2006)
11/09/2006 5 MOTION for Admission Pro Hac Vice of Sally C. Shanley (no registration fee required)
filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Text
of Proposed Order)(Sorenson, Stephen) (Entered: 11/09/2006)
11/09/2006 6 MOTION for Admission Pro Hac Vice of Mary Jo O'Neill (no registration fee required)
filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Text
of Proposed Order)(Sorenson, Stephen) (Entered: 11/09/2006)
11/09/2006 7 MOTION for Admission Pro Hac Vice of Veronica A. Molina (no registration fee
required) filed by Plaintiff Equal Employment Opportunity Commission. (Attachments:
# 1 Text of Proposed Order)(Sorenson, Stephen) (Entered: 11/09/2006)
11/09/2006 8 MOTION for Admission Pro Hac Vice of Loretta F. Medina (no registration fee
required) filed by Plaintiff Equal Employment Opportunity Commission. (Attachments:
# 1 Text of Proposed Order)(Sorenson, Stephen) (Entered: 11/09/2006)
11/15/2006 9 ORDER granting 5 Motion for Admission Pro Hac Vice of Sally C. Shanley for Equal
Employment Opportunity Commission.
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Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local
rules from the courts web site at http://www.utd.uscourts.gov
. Signed by Judge Bruce S. Jenkins on 11/14/06.(jwt, ) (Entered: 11/15/2006)
11/15/2006 10 ORDER granting 6 Motion for Admission Pro Hac Vice of Mary Jo O'Neill for Equal
Employment Opportunity Commission.
Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local
rules from the courts web site at http://www.utd.uscourts.gov
. Signed by Judge Bruce S. Jenkins on 11/14/06.(jwt, ) (Entered: 11/15/2006)
11/15/2006 11 ORDER granting 7 Motion for Admission Pro Hac Vice of Veronica A. Molina for
Equal Employment Opportunity Commission.
Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local
rules from the courts web site at http://www.utd.uscourts.gov
. Signed by Judge Bruce S. Jenkins on 11/14/06.(jwt, ) (Entered: 11/15/2006)
11/15/2006 12 ORDER granting 8 Motion for Admission Pro Hac Vice of Loretta F. Medina for Equal
Employment Opportunity Commission.
Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local
rules from the courts web site at http://www.utd.uscourts.gov
. Signed by Judge Bruce S. Jenkins on 11/14/06.(jwt, ) (Entered: 11/15/2006)
01/04/2007 13 DEFENDANT ADECCO USA, INC.'S ANSWER to Complaint with Jury Demand filed
by Adecco USA.(Palmer, Justin) (Entered: 01/04/2007)
01/08/2007 14 NOTICE OF HEARING:Initial Status and Scheduling Conference set for
2/20/2007 01:20 PM in Room 420 before Judge Bruce S. Jenkins, 350 South Main
Street, Salt Lake City, Utah. The court advises counsel and parties appearing pro se that
not less than fourteen (14) days prior to the initial conference they should meet with
each other and prepare a proposed plan of discovery and case preparation pursuant to
Rule 26(f)(1), (2), (3), and (4) of the Federal Rules of Civil Procedure. See also Fed. R.
Civ. P. 16(b) & DUCivR 16-1(a)(1). A written report outlining the proposed plan, as
agreed, shall be filed with the court no later than ten (10) days prior to the above-
scheduled hearing date. Counsel (and parties appearing pro se) should also gather and
examine existing documents relevant to the case which are in the possession and
control of parties or their counsel and either produce them at their initial Rule 26(f)
planning meeting or, as part of the proposed discovery plan, agree as to a specific date
upon which such documents shall be produced. See Fed. R. Civ. P. 26(a).(kms)
(Entered: 01/08/2007)
01/09/2007 15 NOTICE OF ADR, e-mailed or mailed to Plaintiff Equal Employment Opportunity
Commission, Defendant Adecco USA. (jwt) (Entered: 01/09/2007)
02/02/2007 16 REPORT OF ATTORNEY PLANNING MEETING. (Attachments: # 1 Text of
Proposed Order SCHEDULING ORDER & ORDER VACATING HEARING)(Palmer,
Justin) (Entered: 02/02/2007)
02/20/2007 17 Minute Entry for proceedings held before Judge Bruce S. Jenkins : Initial Status Report
& Scheduling Conference held on 2/20/2007. Attorney for Plaintiff: Veronica A.
Molina (via Phone), Attorney for Defendant Justin B. Palmer. Court Reporter: Dawn
Brunner-Hahn.(Time Start: 1:23 PM, Time End: 1:28 PM, Room 420.) (mrw) (Entered:
03/14/2007)
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02/20/2007 18 Modification of Docket: Error: nonapproved ME. Correction: approved ME. re 17
Initial Status Report & Scheduling Conference,. Discussion heard. Crt schedules:- All
discovery (fact & expert) cutoff 10/30/2007.- Post-discovery motion(s) filed nlt
11/30/2007.- Final pretrial conference set 2/8/2008, at 1:30 PM.- Stip proposed final
pretrial order due to chambers 2/6/2008.Ms. Molina to prepare & submit scheduling
order within 7 days. (mrw) (Entered: 03/16/2007)
04/30/2007 19 SCHEDULING ORDER:All discovery due by 10/30/2007. Motions due by
11/30/2007. Final Pretrial Conference set for 2/8/2008 01:30 PM in Room 420 before
Judge Bruce S. Jenkins. Counsel are directed to deliver to chambers a stipulated
Proposed Final Pretrial Order no later than by 2/6/2008. Signed by Judge Bruce S.
Jenkins on 04/30/07. (rlr) (Entered: 04/30/2007)
06/26/2007 20 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission Answers
And Objections To Defendant's First Set Of Interrogatories And Plaintiff EEOC'S
Responses And Objections To Defendant's Request For Production Of Documents
(Molina, Veronica) (Entered: 06/26/2007)
06/27/2007 21 NOTICE of Unavailability by Equal Employment Opportunity Commission (Molina,
Veronica) (Entered: 06/27/2007)
07/10/2007 22 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission of
Plaintiff EEOC's First Request For Production of Documents (Molina, Veronica)
(Entered: 07/10/2007)
07/10/2007 23 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission of
Plaintiff EEOC's First Set of Non-Uniform Interrogatories to Defendant (Molina,
Veronica) (Entered: 07/10/2007)
09/28/2007 25 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal
service served on Jeff Byard on 9/25/2007, filed by Defendant Adecco USA.
(Attachments: # 1 Exhibit Subpoena for Deposition# 2 Exhibit Subpoena Duces
Tecum)(Durham, Matthew) (Entered: 09/28/2007)
10/29/2007 26 Plaintiff's MOTION for Extension of Time Discovery Deadline (Opposed) filed by
Plaintiff Equal Employment Opportunity Commission. (Molina, Veronica) (Entered:
10/29/2007)
10/29/2007 27 RESPONSE to Motion re 26 Plaintiff's MOTION for Extension of Time Discovery
Deadline (Opposed) and Request to Extend Discovery and other Deadlines filed by
Defendant Adecco USA. (Durham, Matthew) (Entered: 10/29/2007)
10/30/2007 28 NOTICE OF HEARING ON MOTION re: 26 Plaintiff's MOTION for Extension of
Time (Opposed) : Motion Hearing set for 11/2/2007 01:20 PM in Room 420 before
Judge Bruce S. Jenkins. (kms) (Entered: 10/30/2007)
11/01/2007 29 REPLY to Response to Motion re 26 Plaintiff's MOTION for Extension of Time
Discovery Deadline (Opposed) and Reponse to Defendant's Request for Extension of
Time filed by Plaintiff Equal Employment Opportunity Commission. (Molina, Veronica)
(Entered: 11/01/2007)
11/01/2007 36 Minute Entryfor proceedings held before Judge Bruce S. Jenkins: Motion Hearing held
on 11/1/2007 re 26 Plaintiff's MOTION for Extension of Time Discovery Deadline
(Opposed) filed by Equal Employment Opportunity Commission. After Discussion, the
court GRANTS the motion to extend discovery and schedules the following hearings:
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All discovery (fact/expert)cutoff 12/17/2007; Post Discovery filed by 1/15/2008;
Counsel are to file stipulated final pretrial order outlining disputed issues, a roaster of
all witnesses and exhibits NLT 2/20/08. The Court sets final pretrial conference for
2/22/08 at 1:30 p.m. Ms. Molina to prepare and submit order. Attorney for Plaintiff:
Veronica Molina, via phone, Attorney for Defendant Matthew Durham. Court
Reporter: Ashley Davis.(Time Start: 1:10 p.m., Time End: 1:15 p.m., Room 420.) (kpf)
(Entered: 11/14/2007)
11/05/2007 30 AFFIDAVIT OF SERVICE for Subpoena Duces Tecum to Strategic Staffing, Inc.
served on Registered Agent William T. Whitworth on 10/29/2007, filed by Defendant
Adecco USA. (Durham, Matthew) (Entered: 11/05/2007)
11/05/2007 31 AFFIDAVIT OF SERVICE for Subpoena Duces Tecum to Volt Temporary Services
served on Registered Agent CT Corpration Systems/Kim Miyake on 10/29/2007, filed
by Defendant Adecco USA. (Durham, Matthew) (Entered: 11/05/2007)
11/05/2007 32 AFFIDAVIT OF SERVICE for Subpoena Duces Tecum to Home Depot USA, Inc., The
Home Depot served on Registered Agent Corporation Service Company/Liz Mcphie on
10/30/2007, filed by Defendant Adecco USA. (Durham, Matthew) (Entered:
11/05/2007)
11/05/2007 33 AFFIDAVIT OF SERVICE for Subpoena Duces Tecum to Home Depot USA, Inc. dba
The Home Depot served on Ken Orgill, authorized employee on 10/29/2007, filed by
Defendant Adecco USA. (Durham, Matthew) (Entered: 11/05/2007)
11/05/2007 34 AFFIDAVIT OF SERVICE for Subpoena Duces Tecum to SOS Staffing Services, Inc.
served on Heather Roberson, authorized employee on 10/29/2007, filed by Defendant
Adecco USA. (Durham, Matthew) (Entered: 11/05/2007)
11/06/2007 35 CLERKS NOTICE of Policy/Rules governing the filing of discovery with the
court.
Please note that per Local Rule DUCivR 26-1, discovery items such as: Notices of
Deposition; 26(a)(1) Disclosures; Discovery Requests and Responses to Discovery
Requests; Interrogatories; Certificates of Service regarding discovery; Returns of
Service on Subpoenas regarding discovery are not to be filed unless the court has
ordered that they be filed.
Counsel are advised to review the court's local rules governing discovery as they have
changed as of 12/1/06. The local rules of this court may be downloaded from its
website, www.utd.uscourts.gov. The clerk has attached a copy of Rule 26-1. (blk)
(Entered: 11/06/2007)
12/13/2007 37 ORDER MODIFYING DEADLINES:Discovery due by 12/7/2007. Motions due by
1/15/2008. Final Pretrial Conference reset for 2/22/2008 01:30 PM in Room 420
before Judge Bruce S. Jenkins. Pretrial Order due by 2/20/2008. Signed by Judge Bruce
S. Jenkins on 12/13/07. (blk) (Entered: 12/13/2007)
12/19/2007 38 NOTICE of Unavailability by Equal Employment Opportunity Commission of
Unavailability (Molina, Veronica) (Entered: 12/19/2007)
01/14/2008 39 Defendant's MOTION for Summary Judgment filed by Defendant Adecco USA.
(Palmer, Justin) (Entered: 01/14/2008)
01/14/2008 40 MEMORANDUM in Support re 39 Defendant's MOTION for Summary Judgment filed
by Defendant Adecco USA. (Palmer, Justin) (Entered: 01/14/2008)
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01/14/2008 41 EXHIBITS filed by Adecco USA re 40 Memorandum in Support of Motion.
(Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6
Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K# 12
Exhibit L# 13 Exhibit M# 14 Exhibit N# 15 Exhibit O# 16 Exhibit P# 17 Exhibit Q# 18
Exhibit R# 19 Exhibit S# 20 Exhibit T# 21 Exhibit U# 22 Exhibit V# 23 Exhibit W# 24
Exhibit X# 25 Exhibit Y)(Palmer, Justin) (Entered: 01/14/2008)
01/14/2008 42 Stipulated MOTION to Continue Pretrial Conference filed by Defendant Adecco USA.
(Attachments: # 1 Text of Proposed Order)(Durham, Matthew) (Entered: 01/14/2008)
01/15/2008 43 Plaintiff's MOTION for Summary Judgment and Supporting Memorandum filed by
Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A# 2
Exhibit B)(Molina, Veronica) (Entered: 01/15/2008)
01/16/2008 44 ORDER granting 42 Motion to Continue Pretrial Conference. Signed by Judge Bruce S.
Jenkins on 1/15/08. (blk) (Entered: 01/16/2008)
01/16/2008 Set Deadlines/Hearings: Pretrial Order due by 4/10/2008. Pretrial Conference reset for
4/14/2008 01:30 PM in Room 420 before Judge Bruce S. Jenkins. (blk) (Entered:
01/16/2008)
02/08/2008 45 Joint MOTION for Extension of Time to File Response/Reply to Motions for Summary
Judgment filed by Plaintiff Equal Employment Opportunity Commission.
(Attachments: # 1 Text of Proposed Order)(Molina, Veronica) (Entered: 02/08/2008)
02/11/2008 46 ORDER granting 45 Motion for Extension of Time to File Response/Reply re 39
Defendant's MOTION for Summary Judgment, 43 Plaintiff's MOTION for Summary
Judgment and Supporting Memorandum. Replies due by 2/29/2008. Signed by Judge
Bruce S. Jenkins on 2/11/08. (blk) (Entered: 02/11/2008)
02/29/2008 47 MEMORANDUM in Opposition re 43 Plaintiff's MOTION for Summary Judgment and
Supporting Memorandum filed by Defendant Adecco USA. (Attachments: # 1 Exhibit
A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit
G, # 8 Exhibit H)(Durham, Matthew) (Entered: 02/29/2008)
02/29/2008 48 Plaintiff's MEMORANDUM in Opposition re 39 Defendant's MOTION for Summary
Judgment filed by Plaintiff Equal Employment Opportunity Commission. (Molina,
Veronica) (Entered: 02/29/2008)
03/03/2008 49 NOTICE OF HEARING ON MOTIONS re: 39 Defendant's MOTION for Summary
Judgment and 43 Plaintiff's MOTION for Summary Judgment: Motions Hearing set for
3/31/2008 09:30 AM in Room 420 before Judge Bruce S. Jenkins. (kms) (Entered:
03/03/2008)
03/03/2008 50 NOTICE of Filing of Exhibits by Equal Employment Opportunity Commission re 48
Memorandum in Opposition to Motion for Summary Judgment (Attachments: # 1
Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7
Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9-10, # 10 Exhibit 11, # 11 Exhibit 12 - 13, # 12
Exhibit 14 16, # 13 Exhibit 17, # 14 Exhibit 18)(Molina, Veronica) (Entered:
03/03/2008)
03/13/2008 51 Stipulated MOTION for Extension of Time to File Response/Reply Memorandum in
Support of Adecco USA, Inc's Motion for Summary Judgment filed by Defendant
Adecco USA. (Attachments: # 1 Text of Proposed Order)(Durham, Matthew) (Entered:
03/13/2008)
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03/13/2008 52 REPLY to Response to Motion re 43 Plaintiff's MOTION for Summary Judgment and
Supporting Memorandum filed by Plaintiff Equal Employment Opportunity
Commission. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Molina,
Veronica) (Entered: 03/13/2008)
03/14/2008 53 ORDER granting 51 Motion for Extension of Time to File Response/Reply re 39
Defendant's MOTION for Summary Judgment. Replies due by 3/20/2008. Signed by
Judge Bruce S. Jenkins on 3/14/08. (blk) (Entered: 03/14/2008)
03/18/2008 54 Ex Parte (Not Sealed) MOTION for Leave to File Excess Pages Reply Memorandum
in Support of Defendant's Motion for Summary Judgment filed by Defendant Adecco
USA. (Attachments: # 1 Text of Proposed Order)(Palmer, Justin) (Entered: 03/18/2008)
03/18/2008 55 REPLY to Response to Motion re 39 Defendant's MOTION for Summary Judgment
filed by Defendant Adecco USA. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3
Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Palmer, Justin) (Entered:
03/18/2008)
03/19/2008 56 ORDER granting 54 Motion for Leave to File Excess Pages. Signed by Judge Bruce S.
Jenkins on 3/19/08. (blk) (Entered: 03/20/2008)
03/20/2008 57 NOTICE of Unavailability by Equal Employment Opportunity Commission (Molina,
Veronica) (Entered: 03/20/2008)
03/21/2008 58 Stipulated MOTION to Continue Hearing Dates filed by Defendant Adecco USA.
(Attachments: # 1 Text of Proposed Order)(Durham, Matthew) (Entered: 03/21/2008)
03/25/2008 59 ORDER granting 58 Motion to Continue Hearing on Summary Jgm. Signed by Judge
Bruce S. Jenkins on 3/25/08. (blk) (Entered: 03/26/2008)
03/25/2008 60 NOTICE OF HEARING ON MOTION re: 39 Defendant's MOTION for Summary
Judgment, 43 Plaintiff's MOTION for Summary Judgment and Supporting
Memorandum : (Notice generated by clerk) Motion Hearing reset for 5/30/2008 09:30
AM in Room 420 before Judge Bruce S. Jenkins. (blk) (Entered: 03/26/2008)
05/30/2008 61 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Motion Hearing held
on 5/30/2008 re 43 Plaintiff's MOTION for Summary Judgment and Supporting
Memorandum filed by Equal Employment Opportunity Commission, 39 Defendant's
MOTION for Summary Judgment filed by Adecco USA.Argument & discussion heard.
Crt rules:- Denies, dft motion for summary judgment.- Grants, pla motion for summary
judgment.Crt schedules:- Stip proposed final pretrial order due to chambers nlt
7/25/2008.- Final pretrial conference set 8/8/2008, at 9:30 AM.Ms. Molina to prepare
& submit order within 10 days. Attorney for Plaintiff: Veronica A. Molina, Attorney for
Defendant Matthew M. Durham, Justin B. Palmer. Court Reporter: Laura
Robinson.(Time Start: 9:30 AM, Time End: 11:55 AM, Room 420.) (mrw) (Entered:
06/09/2008)
06/10/2008 62 ORDER denying 39 Motion for Summary Judgment. Signed by Judge Bruce S. Jenkins
on 6/10/08. (blk) (Entered: 06/10/2008)
06/10/2008 63 ORDER granting 43 Motion for Summary Judgment. Signed by Judge Bruce S. Jenkins
on 6/10/08. (blk) (Entered: 06/10/2008)
08/04/2008 64 Plaintiff's MOTION to Vacate and Reschedule Pretrial Conference (Unopposed) filed
by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Text of
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Proposed Order)(Molina, Veronica) (Entered: 08/04/2008)
08/05/2008 65 ORDER granting 64 Motion to Vacate Pretrial Conference set for 8/8/08. Signed by
Judge Bruce S. Jenkins on 8/5/08. (blk) (Entered: 08/05/2008)
08/05/2008 Set/Reset Hearings: Pretrial Conference reset for 8/15/2008 09:30 AM in Room 420
before Judge Bruce S. Jenkins. (blk) (Entered: 08/05/2008)
08/11/2008 66 ORDER, Final Pretrial Conference reset for 8/22/2008 09:30 AM in Room 420 before
Judge Bruce S. Jenkins. (Changed from 8/15/08). Signed by Judge Bruce S. Jenkins on
8/11/08. (blk) (Entered: 08/11/2008)
08/21/2008 67 Joint MOTION for ADR - Mediation filed by Defendant Adecco USA. (Attachments: #
1 Text of Proposed Order)(Palmer, Justin) (Entered: 08/21/2008)
08/22/2008 68 NOTICE OF HEARING ON MOTION re: 67 Joint MOTION for ADR - Mediation :
Motion Hearing set for 9/9/2008 01:20 PM in Room 420 before Judge Bruce S.
Jenkins. (kms) (Entered: 08/22/2008)
09/08/2008 69 NOTICE of Unavailability by Equal Employment Opportunity Commission (Molina,
Veronica) (Entered: 09/08/2008)
09/09/2008 71 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Motion Hearing held
on 9/9/2008.Argument & discussion heard. Crt rules:- Grants, motion to refer to
mediation.Crt schedules:- Status conference set 12/19/2008, at 1:30 PM.Ms. Molina to
prepare & submit order. re 67 Joint MOTION for ADR - Mediation filed by Adecco
USA. Attorney for Plaintiff: Veronica A. Molina, Attorney for Defendant Matthew M.
Durham. Court Reporter: Ashley Davis.(Time Start: 1:20 PM, Time End: 1:25 PM,
Room 420.) (mrw) (Entered: 09/18/2008)
09/15/2008 70 ORDER granting 67 Motion for ADR - Mediation. Signed by Judge Bruce S. Jenkins
(alt) (Entered: 09/15/2008)
09/15/2008 Set Hearing per 70 Order: Status Conference set for 12/19/2008 01:30 PM in Room
420 before Judge Bruce S. Jenkins (alt) (Entered: 09/15/2008)
11/06/2008 72 NOTICE of Unavailability by Equal Employment Opportunity Commission (Molina,
Veronica) (Entered: 11/06/2008)
12/11/2008 73 Lois A. Baar appointed as Mediator Notice of mediation session forthcoming(mmr)
(Entered: 12/11/2008)
12/11/2008 74 NOTICE OF MEDIATION CONFERENCE. Mediation Conference in the above-
entitled matter is set for Wednesday, December 17, 2008 to begin at 9:30 AM in Room
405 of the Moss US Courthouse/350 South Main Street, Salt Lake City. Summary
judgment memos have been filed in the matter and will be consulted by the mediator,
Lois Baar, in preparation for the mediation session. If counsel wishes to consult with
Ms. Baar further, or to send briefs stating settlement history, objectives for mediation,
and/or potential challenges for the mediator to prepare for, any confidential
statements/communication should be submitted by December 15 at 5 pm via email to
Ms. Baar directly at LABaar@hollandhart.com. Any questions are welcome to be
directed to Ms. Michelle Roybal, ADR Administrator, at 801.524.6128.(mmr) (Entered:
12/11/2008)
12/18/2008 75 AMENDED NOTICE OF HEARING: Status Conference set for 1/5/2009 01:20 PM
in Room 420 before Judge Bruce S. Jenkins. (kms) (Entered: 12/18/2008)
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01/05/2009 76 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Status Conference
held on 1/5/2009.Discussion heard. Cnsl indicate settlement negotiations underway. Crt
schedules:- Continues, status conference re: presentation of settlement set 1/20/2009,
at 1:45 PM. Attorney for Plaintiff: Veronica A. Molina (via Phone), Attorney for
Defendant Matthew M. Durham. Court Reporter: Kelly Hicken.(Time Start: 1:20 PM,
Time End: 1:27 PM, Room 420.) (mrw) (Entered: 01/15/2009)
01/20/2009 77 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Status Conference
re: Present Settlement held on 1/20/2009.Cnsl report that settlement negotiations
almost completed. Crt schedules:- Continues, status conference re: Present Settlement
Order set 1/29/2009, at 1:15 PM. Attorney for Plaintiff: Veronica A. Molina (via
Phone), Attorney for Defendant Matthew M. Durham (via Phone). Court Reporter:
Kathy Morgan.(Time Start: 1:45 PM, Time End: 1:50 PM, Room 420.) (mrw) (Entered:
01/27/2009)
01/29/2009 78 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Status Conference
re: Present Settlement held on 1/29/2009.Discussion heard. Ms. Shanley reports that
the matter has not be settled. Crt schedules:- Final pretrial conference set 9/18/2009, at
9:30 AM.- Stip proposed final pretrial order due to chambers nlt 9/16/2009.Ms.
Shanley to prepare & submit scheduling order. Attorney for Plaintiff: Sally C. Shanley
(via Phone), Attorney for Defendant Matthew M. Durham. Court Reporter: Karen
Murakami.(Time Start: 2:49 PM, Time End: 2:55 PM, Room 420.) (mrw) (Entered:
02/10/2009)
04/27/2009 79 ENTRY ERROR - INCORRECT CASE.
Minute Entry for proceedings held before Judge Bruce S. Jenkins: Status Conference
held on 4/27/2009. Discussion heard. Crt schedules:- All discovery (fact & expert)
cutoff 6/30/2009.- Post-discovery motion(s) filed nlt 7/13/2009.- Final pretrial
conference set 9/11/2009, at 1:30 PM.- Stip proposed final pretrial order due to
chambers nlt 9/9/2007.Mr. Olson to prepare & submit scheduling order Attorney for
Plaintiff: Jacob C. Briem, William B. Ingram, Attorney for Defendant Jason R. Hull,
Erik A. Olson. Court Reporter: Ray Fenlon.(Time Start: 1:20 PM, Time End: 1:30 PM,
Room 420.) (mrw) Modified on 5/4/2009 (ce). (Entered: 05/04/2009)
05/04/2009 80 Modification of Docket: re 79 Status Conference. ENTRY ERROR - INCORRECT
CASE. Minute Entry for proceedings held before Judge Bruce S. Jenkins: Status
Conference held on 4/27/2009. Discussion heard. Crt schedules:- All discovery (fact &
expert) cutoff 6/30/2009.- Post-discovery motion(s ) filed nlt 7/13/2009.- Final pretrial
conference set 9/11/2009, at 1:30 PM.- Stip proposed final pretrial order due to
chambers nlt 9/9/2007.Mr. Olson to prepare & submit scheduling order Attorney for
Plaintiff: Jacob C. Briem, William B. Ingram, At torney for Defendant Jason R. Hull,
Erik A. Olson. Court Reporter: Ray Fenlon.(Time Start: 1:20 PM, Time End: 1:30 PM,
Room 420.) (mrw) Modified on 5/4/2009 (ce). (Entered: 05/04/2009) (ce) (Entered:
05/04/2009)
09/04/2009 81 Plaintiff's MOTION to Compel Morris Notes filed by Plaintiff Equal Employment
Opportunity Commission. (Attachments: # 1 Exhibit 1 (Declaration of Veronica A.
Molina), # 2 Exhibit 2 (Declaration of Mark E. Rudolph, Esq.), # 3 Exhibit 3
(Defendant's Privilege Log))(Molina, Veronica) (Entered: 09/04/2009)
09/04/2009 82 NOTICE of Errata by Equal Employment Opportunity Commission re 81 Plaintiff's
MOTION to Compel Morris Notes (Attachments: # 1 Exhibit 1-A (Declaration of
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Veronica A. Molina)) (Molina, Veronica) (Entered: 09/04/2009)
09/10/2009 83 ORDER, ( Pretrial Order due by 10/6/2009., Final Pretrial Conference re-set for
10/8/2009 09:30 AM in Room 420 before Judge Bruce S. Jenkins. Plaintiff's Motion to
Compel will be heard at the same time). Signed by Judge Bruce S. Jenkins on 9/10/09.
(jmr) (Entered: 09/11/2009)
09/22/2009 84 Defendant's MEMORANDUM in Opposition re 81 Plaintiff's MOTION to Compel
Morris Notes filed by Defendant Adecco USA. (Attachments: # 1 Exhibit A, # 2
Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8
Exhibit H)(Palmer, Justin) (Entered: 09/22/2009)
10/02/2009 85 REPLY to Response to Motion re 81 Plaintiff's MOTION to Compel Morris Notes filed
by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A
(Morris Deposition), # 2 Exhibit B (Morris Deposition))(Molina, Veronica) (Entered:
10/02/2009)
10/06/2009 86 NOTICE of Unavailability by Equal Employment Opportunity Commission (Molina,
Veronica) (Entered: 10/06/2009)
10/08/2009 91 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Final Pretrial
Conference held on 10/8/2009, Motion Hearing held on 10/8/2009. e 81 Plaintiff's
MOTION to Compel Morris Notes filed by Equal Employment Opportunity
Commission. Argument & discussion heard. Crt rules:- Grants, motion to compel.
Produce documents within 5 business days, forthwith & for use in this case, only.Crt
schedules:- 4 - day jury trial set 3/1/2010, at 9:30 AM.Dft cnsl to prepare & submit
proposed protective order. Pla to prepare & submit order on notes. Cnsl to amend
proposed final pretrial order due to chambers nlt 11/15/2009. Attorney for Plaintiff:
Veronica A. Molina, Attorney for Defendant Matthew M. Durham, Justin B. Palmer,
Sanjay B. Malhorta (In-house cnsl). Court Reporter: Kelly Hicken.(Time Start: 9:30
AM, Time End: 11:20 AM, Room 420.) (mrw) (Entered: 11/06/2009)
10/15/2009 87 MOTION for Protective Order filed by Defendant Adecco USA. (Attachments: # 1
Text of Proposed Order)(Durham, Matthew) (Entered: 10/15/2009)
10/15/2009 88 MEMORANDUM in Support re 87 MOTION for Protective Order And Certification
of Good Faith Effort to Resolve Dispute filed by Defendant Adecco USA. (Durham,
Matthew) (Entered: 10/15/2009)
10/19/2009 89 PROTECTIVE ORDER. Motions terminated: 87 MOTION for Protective Order filed
by Adecco USA. Signed by Judge Bruce S. Jenkins on 10/16/2009. (ce) (Entered:
10/19/2009)
10/19/2009 90 ORDER granting 81 Plaintiff EEOC's Motion to Compel. Defendant shall submit a
copy of the Morris Notes at issue to the EEOC, Albuquerque Area Office by no later
than 10/15/2009. Signed by Judge Bruce S. Jenkins on 10/16/2009. (ce) (Entered:
10/19/2009)
11/17/2009 92 NOTICE of Plaintiff's Notice and Request to the Court Concerning Additional
Discovery by Equal Employment Opportunity Commission re 82 Notice (Other), 85
Reply Memorandum/Reply to Response to Motion, 90 Order on Motion to Compel
(Attachments: # 1 Exhibit 1 (10/29/2009 e-mail), # 2 Exhibit 2 (11/10/2009 e-mail), # 3
Exhibit 3) (Molina, Veronica) (Entered: 11/17/2009)
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12/04/2009 93 Defendant's Memorandum re 92 Notice (Other), Notice (Other) filed by Defendant
Adecco USA. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Palmer,
Justin) (Entered: 12/04/2009)
12/17/2009 94 NOTICE OF HEARING: Miscellaneous Hearing re: request concerning additional
discovery set for 1/7/2010 02:00 PM in Room 420. (kms) (Entered: 12/17/2009)
12/21/2009 95 REPLY BRIEF re 92 Notice (Other), Notice (Other) Plaintiff's Reply to Defendant's
Memorandum in Opposition to Plaintiff's Notice and Request to the Court
Concerning Additional Discovery filed by Plaintiff Equal Employment Opportunity
Commission. (Attachments: # 1 Exhibit 1 (Declaration, V. Molina), # 2 Exhibit 2
(Morris Dep.))(Molina, Veronica) (Entered: 12/21/2009)
01/07/2010 96 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Discovery Hearing
re: additional discovery held on 1/7/2010. Argument & discussion heard. Mr. Durham
stipulates as to authenticity of Ms. Morris notes. Crt rules:- Reopens discovery for
purpose of deposing Ms. Morris and affirming her notes. Attorney for Plaintiff:
Veronica A. Molina (via Phone), Attorney for Defendant Matthew M. Durham. Court
Reporter: Ed Young.(Time Start: 2:00 PM, Time End: 2:15 PM, Room 420.) (mrw)
(Entered: 01/21/2010)
02/02/2010 97 Plaintiff's MOTION to Vacate and Reset Trial Date (Unopposed) filed by Plaintiff
Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1 (Declaration
of Veronica A. Molina)(Molina, Veronica) (Entered: 02/02/2010)
02/03/2010 98 RESPONSE to Motion re 97 Plaintiff's MOTION to Vacate and Reset Trial Date
(Unopposed) filed by Defendant Adecco USA. (Durham, Matthew) (Entered:
02/03/2010)
02/04/2010 99 ORDER - re 97 Plaintiff's MOTION to Vacate and Reset Trial Date (Unopposed) filed
by Equal Employment Opportunity Commission, Motions terminated: 97 Plaintiff's
MOTION to Vacate and Reset Trial Date (Unopposed) filed by Equal Employment
Opportunity Commission., ( Form due by 2/19/2010., Four Day Jury Trial re-set for
6/21/2010 09:30 AM in Room 420 before Judge Bruce S. Jenkins.). Signed by Judge
Bruce S. Jenkins on 2/4/10. (jmr) (Entered: 02/04/2010)
03/03/2010 100 MOTION for Admission Pro Hac Vice of William E. Moench (no registration fee
required) filed by Plaintiff Equal Employment Opportunity Commission. (Attachments:
# 1 Application, # 2 Good Standing Memo, # 3 Text of Proposed Order)(Sorenson,
Stephen) (Entered: 03/03/2010)
03/05/2010 101 ORDER granting 100 Motion for Admission Pro Hac Vice of William E. Moench for
Equal Employment Opportunity Commission.
Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local
rules from the courts web site at http://www.utd.uscourts.gov
. Signed by Judge Bruce S. Jenkins on 3/5/2010. (ce) (Entered: 03/08/2010)
04/30/2010 102 Joint MOTION for Hearing re Status Conference filed by Defendant Adecco USA.
(Durham, Matthew) (Entered: 04/30/2010)
05/03/2010 103 NOTICE OF HEARING: Status Conference set for 5/11/2010 02:00 PM in Room
420 before Judge Bruce S. Jenkins. (kms) (Entered: 05/03/2010)
05/11/2010 104 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Status Conference
held on 5/11/2010.Discussion heard. Cnsl to submit proposed jy instructions filed with
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Crt nlt 6/18/2010. Cnsl to resubmit amended stip proposed final pretrial order to
chambers nlt 5/17/2010. Attorney for Plaintiff: Veronica A. Molina, William E.
Moench, Attorney for Defendant Justin B. Palmer, Matthew M. Durham. Court
Reporter: Tamra Berry.(Time Start: 2:00 PM, Time End: 2:30 PM, Room 420.) (mrw)
(Entered: 05/13/2010)
05/24/2010 105 NOTICE OF FILING of Proposed Pretrial Order filed by Defendant Adecco USA.
(Durham, Matthew) (Entered: 05/24/2010)
05/26/2010 106 NOTICE of Filing of Amended Proposed Pretrial Order by Adecco USA (Durham,
Matthew) (Entered: 05/26/2010)
06/02/2010 107 SUBSTITUTION OF COUNSEL Jeannette F. Swent replacing Stephen J. Sorenson as
counsel on behalf of Equal Employment Opportunity Commission. (Swent, Jeannette)
(Entered: 06/02/2010)
06/03/2010 108 NOTICE OF HEARING: Further Final Pretrial Conference set for 6/7/2010 02:00
PM in Room 420 before Judge Bruce S. Jenkins. (kms) (Entered: 06/03/2010)
06/04/2010 109 NOTICE of Settlement and Request to Cancel Pretrial Conference by Equal
Employment Opportunity Commission (Moench, William) (Entered: 06/04/2010)
07/08/2010 110 CONSENT DECREE/JUDGMENT - Case Closed. Each party shall bear its costs and
attorney's fees incurred as a result of this action through the entry of this decree.
Signed by Judge Bruce S. Jenkins on 7/8/10. (jmr) (Entered: 07/09/2010)
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