IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Civil Action No.: EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, v. MORELAND AUTO GROUP, LLP d/b/a KIDS AUTOMOTIVE, INC., KIDS FINANCIAL, INC., AND BRANDON FINANCIAL, INC.
Defendant.
COMPLAINT and JURY TRIAL DEMAND
NATURE OF THE ACTION This is a public enforcement action to correct (1) the unlawful employment practice of maintaining a hostile work environment based on gender in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et. seq. (“Title VII”), and Title I of the Civil Rights Act of 1991, 42 U.S.C. § 1981a, and (2) the unlawful employment practice of retaliating against employees for complaining about discrimination, in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-3. This action seeks to provide appropriate relief to Georgene Wayne, Nancy Castanon, and similarly situated individuals adversely affected by such practices. Plaintiff, the U.S. Equal Employment Opportunity Commission (“EEOC”), contends Defendant, Moreland Auto Group, LLP d/b/a Kids Automotive, Inc., Kids Financial, Inc., and Brandon Financial, Inc. (“Kids Automotive”) has discriminated against Charging Parties and similarly situated individuals, because of their gender, female, by subjecting them to

sexual harassment and a hostile work environment, by failing to take prompt remedial action intended to eliminate the sexual harassment, and by retaliating against Wayne and Castanon for complaining about the hostile work environment, all in violation of Title VII.
JURISDICTION AND VENUE 1. Jurisdiction of this court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Sections 703(a), 704, 706(f)(1), 706(f)(3), of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e-2(a), 2000e-3, 2000e-5(f)(1), 2000e-5(f)(3), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. §1981a. 2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the District of Colorado.
PARTIES 3. Plaintiff EEOC is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by Sections 706(f)(1) and 706(f)(3) of Title VII, 42 U.S.C. §§ 2000e-5(f)(1) and (3). 4. At all relevant times, Defendant has continuously been and is now doing business in the State of Colorado and has continuously had at least fifteen (15) employees. 5. At all relevant times, Defendant has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e-(b), (g) and (h). 6. The female employees who filed the charges of discrimination with the EEOC will be hereafter referred to as “Wayne” and “Castanon.”
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STATEMENT OF CLAIMS 7. More than thirty days prior to the institution of this lawsuit, Georgene Wayne and Nancy Castanon, former employees of Defendant, filed charges of discrimination with the EEOC alleging violations of Title VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled.
First Claim: Sexual Harassment and Hostile Work Environment 8. Since at least 1996, Defendant has engaged in unlawful employment practices at its Denver, Colorado and Aurora, Colorado locations, in violation of section 703(a) of Title VII, 42 U.S.C. §2000e-2(a), by allowing its employees, including but not limited to several management level officials, to sexually harass Wayne, Castanon, and other female employees. This harassment altered the terms and conditions of employment and created a hostile work environment for Wayne, Castanon, and other similarly situated employees. 9. The unlawful sexual harassment was physical and verbal in nature. 10. The sexual harassment included, but was not limited to, the following acts:
(a) using office computers to view pornographic Internet sites; (b) subjecting female employees to pornographic materials on work
computers; (c) allowing male employees to keep pornographic magazines at work
stations; (d) making lewd sexual comments at work events, including management
meetings; (e) directing obscene gestures at female employees, such as pointing to male
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genitals; and (f) allowing nude and pornographic pictures of women to be displayed in the
work environment. 11. The offensive sexual conduct was sufficiently severe or pervasive as to alter the terms and conditions of employees subjected to the conduct. 12. The offensive sexual conduct in the workplace initiated and/or participated in by Defendant’s employees, including but not limited to managers, constitutes sexual harassment. 13. The sexual harassment in the work place created a hostile work environment based on gender. 14. Defendant was aware of the sexual harassment and aware that some managers participated in the harassment. 15. Defendant failed to take reasonable measures to prevent and promptly correct sexual harassment in the workplace. 16. Defendant engaged in a pattern or practice of tolerating a sexually hostile work environment. 17. The effect of the events described above, including the sexual harassment by managers and Defendant’s failure to promptly and adequately respond to employee complaints of sexual harassment pursuant to its sexual harassment policies and procedures, has been to deprive Wayne, Castanon, and other similarly situated individuals of equal employment opportunities. 18. The unlawful employment practices described above were intentional. 19. The unlawful employment practices described above were done with malice or
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with reckless indifference to the federally protected rights of Wayne, Castanon and other similarly situated individuals.
Second Claim: Retaliation 20. Plaintiff realleges the foregoing paragraphs 1 to 19 of this Complaint. 21. Since at least 2003, Defendant has engaged in unlawful employment practices at its Denver, Colorado and Aurora, Colorado locations, in violation of section 704(a) of Title VII, 42 U.S.C. §2000e-3, by retaliating against Wayne and Castanon for complaining about discrimination. 22. Plaintiff asserts that Wayne and Castanon engaged in protected activities in that they opposed the sexual harassment and complained to managers and to the Equal Employment Opportunity Commission about the sexual harassment and the hostile work environment. 23. The retaliatory acts included, but were not limited to:
(a) subjecting Wayne and Castanon to increased scrutiny on the job; (b) subjecting Wayne and Castanon to demotions including loss of
professional titles and decrease in pay; (c) undermining Castanon’s authority by managing and disciplining her staff
without her knowledge or input and failing to inform or include her in at least one management meeting; (d) publicizing the claims brought by Wayne and Castanon to other employees, which resulted in ostracism by their coworkers; and (e) terminating Wayne and Castanon. 24. After Wayne and Castanon engaged in these protected activities, the sexual
5

harassment and hostile work environment escalated, and they were ultimately discharged. 25. The effect of the practices complained of in the paragraphs above has been to
deprive Wayne and Castanon of equal employment opportunities based on their gender. 26. The unlawful employment practices complained of in the paragraphs above were
intentional. 27. The unlawful employment practices complained of herein were done with malice
or with reckless indifference to the federally protected rights of Wayne and Castanon. 28. Defendant failed to take reasonable measures to prevent retaliation against Wayne
and Castanon by management. 29. Defendant retaliated against Wayne and Castanon for complaining about the
sexual harassment. PRAYER FOR RELIEF
WHEREFORE, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in any employment policy or practice which creates a sexually hostile work environment or otherwise discriminates on the basis of gender, and from retaliating against employees who complain about discrimination; B. Order Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for women, and which eradicate the effects of its past unlawful employment practices, including retaliation; C. Order Defendant to make whole Wayne and Castanon by providing appropriate
6

back pay with pre-judgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices;
D. Order Defendant to make whole Wayne, Castanon and similarly situated individuals, by reinstating them in their previously held positions or the equivalent thereof or, in the alternative, by providing appropriate front pay in amounts to be determined at trial;
E. Order Defendant to make whole Wayne, Castanon and other similarly situated individuals, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described above;
F. Order Defendant to make whole Wayne, Castanon and other similarly situated individuals, by providing compensation for past and future non-pecuniary losses, including emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life and humiliation;
G. Order Defendant to pay Wayne, Castanon and other similarly situated individuals punitive damages for its malicious and/or reckless conduct described above, in amounts to be determined at trial;
H. Order Defendant and its successors to provide training to its officers, managers and employees regarding discriminatory harassment and retaliation in the workplace;
I. Grant such further relief as the Court deems necessary and proper in the public interest; and
J. Award the Commission its costs in this action. JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its Complaint.
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DATED this 25th day of September, 2006.
LYNN PLEASE NOTE: For the purposes of service upon the EEOC, it is sufficient that pleadings, notices, and court documents be served upon the Trial Attorney

Respectfully submitted,
RONALD S. COOPER General Counsel
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, N.W. Washington, D.C. 20507
MARY JO O’NEILL Regional Attorney Phoenix District Office
s/ Nancy A. Weeks NANCY A. WEEKS Supervisory Trial Attorney EEOC Denver Field Office 303 E. 17th Ave., Suite 510 Denver, CO 80203 nancy.weeks@eeoc.gov 303-866-1947
s/ Lynn Palma PALMA
Senior Trial Attorney lynn.palma@eeoc.gov 303-866-1347

8

 
 Case 1:06-cv-01903-EWN-MEH Document 5-2 Filed 11/14/2006 Page 1 of 5
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Civil Action No. 06cv01903-EWN-MEH EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, and NANCY CASTANON and GEORGENE WAYNE, interveners
Plaintiffs, v. MORELAND AUTO GROUP, LLP, d/b/a KIDS AUTOMOTIVE, INC., KIDS FINANCIAL INC., and BRANDON FINANCIAL, INC.
Defendant.
COMPLAINT AND JURY TRIAL DEMAND OF INTERVENERS NATURE OF THE ACTION
This is an action on behalf of Nancy Castanon and Georgene Wayne regarding the unlawful employment practice of maintaining a hostile work environment based on gender in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et. seq. (“Title VII”), and Title I of the Civil Rights Act of 1991, 42 U.S.C. § 1981a, and (2) the unlawful employment practice of retaliating against employees for complaining about discrimination, in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-3. This action seeks to provide appropriate relief to Georgene Wayne and Nancy Castanon, and similarly situated individuals adversely affected by such practices. Plaintiffs, the interveners, seek to intervene and join as plaintiffs in the above captioned action filed by the
Exhibit A

Case 1:06-cv-01903-EWN-MEH Document 5-2 Filed 11/14/2006 Page 2 of 5

U.S. Equal Employment Opportunity Commission (“EEOC”).

Castanon and Wayne assert that Defendants, Moreland Auto Group, LLP d/b/a Kids

Automotive, Inc., Kids Financial, Inc., and Brandon Financial, Inc. (“Kids Automotive”) have

discriminated against them because of their gender, female, by subjecting them to sexual

harassment and a hostile work environment, by failing to take prompt remedial action intended to

eliminate the sexual harassment, and by retaliating against them for complaining about the

hostile work environment, all in violation of Title VII.

JURISDICTION AND VENUE

1.

Jurisdiction of this court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337,

1343 and 1345. This action is authorized and instituted pursuant to Sections 703(a), 704,

706(f)(1), 706(f)(3), of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§

2000e-2(a), 2000e-3, 2000e-5(f)(1), 2000e-5(f)(3), and Section 102 of the Civil Rights Act of

1991, 42 U.S.C. §1981a.

2.

The employment practices alleged to be unlawful were committed within the

jurisdiction of the United States District Court for the District of Colorado.

PARTIES

3.

Plaintiff EEOC is the agency of the United States of America charged with the

administration, interpretation and enforcement of Title VII, and is expressly authorized to bring

this action by Sections 706(f)(1) and 706(f)(3) of Title VII, 42 U.S.C. §§ 2000e-5(f)(1) and (3).

Plaintiffs Wayne and Castanon were employees of defendants during the relevant times and are

the Charging Parties before the EEOC in the referenced charges. Castanon and Wayne are the

individuals named in the EEOC suit that were subjected to the unlawful discrimination and

retaliation and are claiming a right to pursue their individual claims against the defendants and

Case 1:06-cv-01903-EWN-MEH Document 5-2 Filed 11/14/2006 Page 3 of 5

seek appropriate damages for those claims.

4.

At all relevant times, Defendants have continuously been and are now doing

business in the State of Colorado and have continuously had at least fifteen (15) employees.

5.

At all relevant times, Defendants have continuously been an employer

engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of

Title VII, 42 U.S.C. §§ 2000e-(b), (g) and (h).

6.

Wayne and Castanon are the female employees who filed the charges of

discrimination with the EEOC and are named by the EEOC in their complaint.

STATEMENT OF CLAIMS

7.

Plaintiffs, Wayne and Castanon, hereby join in and adopt the complaint as set

out by the EEOC in the above captioned matter, as if recited in its entirety herein.

8.

Plaintiffs, Wayne and Castanon, hereby assert that they were subjected to the

unlawful discrimination, harassment and retaliation as detailed in the complaint of the EEOC.

PRAYER FOR RELIEF

WHEREFORE, the Plaintiffs, Wayne and Castanon, respectfully requests that this Court

grant the prayer for relief of the EEOC and adopt and join in such prayer for relief as if recited in

its entirety herein. This prayer for relief includes:

A.

Permanent injunctive relief against Defendants to cease from engaging in any

employment policy or practice which creates a sexually hostile work environment or otherwise

discriminates on the basis of gender, and from retaliating against employees who complain about

discrimination;

B.

Ordering Defendants to institute and carry out policies, practices, and

programs which provide equal employment opportunities for women, and which eradicate the

Case 1:06-cv-01903-EWN-MEH Document 5-2 Filed 11/14/2006 Page 4 of 5

effects of its past unlawful employment practices, including retaliation;

C.

Ordering Defendants to make whole Wayne and Castanon by providing

appropriate back pay with pre-judgment interest, and post judgment interest until paid in full, in

amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of

its unlawful employment practices;

D.

Ordering Defendants to make whole Wayne and Castanon by reinstating

them in their previously held positions or the equivalent thereof or, in the alternative, by

providing appropriate front pay in amounts to be determined at trial;

E.

Ordering Defendants to make whole Wayne and Castanon by providing

compensation for past and future pecuniary losses resulting from the unlawful employment

practices described above;

F.

Ordering Defendants to make whole Wayne and Castanon by providing

compensation for past and future non-pecuniary losses, including emotional pain, suffering,

inconvenience, mental anguish, loss of enjoyment of life and humiliation;

G.

Ordering Defendants to pay Wayne and Castanon punitive damages for its

malicious and/or reckless conduct described above, in amounts to be determined at trial;

H.

Ordering Defendants and its successors to provide training to its officers,

managers and employees regarding discriminatory harassment and retaliation in the workplace;

I.

Grant such further relief, in law and in equity, as the Court deems necessary

and proper; and

J.

Award Wayne and Castanon their legal fees, costs, expert witness fees, and

all costs of collection in this action.

JURY TRIAL DEMAND

Case 1:06-cv-01903-EWN-MEH Document 5-2 Filed 11/14/2006 Page 5 of 5

Plaintiffs Wayne and Castanon request a jury trial on all questions of fact raised by this Complaint.

DATED this 13th day of November, 2006.

Respectfully submitted,

_____/S/ELISA MORAN_________________ ELISA MORAN 8451 E. OREGON PLACE DENVER, CO 80231 ELISAATTY@AOL.COM 303-745-6560
JIM ABRAMS 401 WESTWOOD DENVER, CO. 80206 ABRAMSJIM@GMAIL.COM 303-321-6087

Plaintiff’s address:
Nancy Castanon 10947 Bloomfield St, #221 Studio City, CA 91602
Georgene Wayne 4302 Kennedy Ave Nashville, TN 37216

 
 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Civil Action No. 06cv1903-EWN-MEH
EQUAL EMPLOYMENT OPPORUTNITY COMMISSION, Plaintiff, v. MORELAND AUTO GROUP, LLP d/b/a KIDS AUTOMOTIVE, INC., KIDS FINANCIAL, INC., and BRANDON FINANCIAL, INC. Defendants ________________________________________________________________________
ANSWER AND COUNTERCLAIM _______________________________________________________________________
Defendants Moreland Auto Group, LLP, Kids Automotive, Inc., Kids Financial, Inc. and Brandon Financial, Inc. (referred to collectively as “T he Kids Autom otive Defendants”), by and through their attorney of record Tim othy L. Ne mechek, Esq., of Cairns Nemechek & Magruder, LLC, and submit the f ollowing Answer and Counterclaim to the Complaint filed by Plaint iff, U.S. Equal Em ployment Opportunity Commission (“EEOC”). Defendants respond as follows:
NATURE OF THE ACTION The Kids Automotive Defendants generally and specifically deny the allegations contained within this portion of Plaintiff’s Complaint. Specifically, the Kids Automotive Defendants deny that they engage in any unl awful employment practices, as defined by Title VII of the Civil R ights Act of 1964 and Title I of th e Civil Rights Act of 1 991. Further, Defendants deny that they engage in the unlawful e mployment practice of

retaliating against employees for complaining against discrim ination. Kids Automotive Defendants deny that a public enforcement action is required and object to any attempt by Plaintiffs to certify a class action.
JURISDICTION OF VENUE 1. Defendants admit the allegations in paragraph 1 of Plaintiff’s Complaint. 2. Defendants admit that this Court h as jurisdiction over the instan t action. However, Defendants deny that any of the a lleged unlawful e mployment practices took place.
PARTIES 3. Defendants admit that Plaintiff EEOC is authorized to br ing the insta nt action by S ections 706(f)(1) and 706(f)(3) of Title VII, 42 U.S.C. §§2000e-5(f)(1) and (3). Defendants furthe r admit that the ag ency’s duties are defined by the foregoing statute. D efendants deny the rem aining allegations in paragraph 3 of Plaintiff’ s Complaint. 4. Defendants Kids Financial, Inc. and Kids Autom otive, Inc. adm it the allegations in paragraph 4. of Plaintiff’s Complaint. Defendant Moreland Auto Gr oup, LLP and Brandon Financial, Inc. deny the al legations in paragra ph 4 of Plaintiff’s Complaint. 5. Defendants Kids Automotive, Inc. and Kids Financial, Inc. adm it the allegations in paragraph 5 of Plaintiff EE OC’s Complaint. The rem aining Defendants deny the allegations in this paragraph. 6. Defendants admit the allegations in paragraph 6 of Plaintiff’s Complaint.
STATEMENT OF CLAIMS 7. Kids Automotive Defendants adm it that m ore than 30 days have passed since the filing of charges of discrimination by Georgene Wayne (“Wayne”) and Nancy Castanon (“Castanon”). Defe ndants deny the rem aining allegations in paragraph 7 of Plaintiff’s Complaint.
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First Claim: Sexual Harassment and Hostile Work Environment 8. Defendants deny the allegations in paragraph 8 of Plaintiff’s Complaint. 9. Defendants deny the allegations in paragraph 9 of Plaintiff’s Complaint. 10. The Kids Automotive Defendants deny the allegations in paragraph 10 of Plaintiff’s Complaint. Defendants specifically deny each a nd every allegation contained within Subsections (a) through (f). 11. Defendants deny the allegations in paragraph 11 of Plaintiff’s Complaint. 12. Defendants deny the allegations in paragraph 12 of Plaintiff’s Complaint. 13. Defendants deny the allegations in paragraph 13 of Plaintiff’s Complaint. 14. Defendants deny the allegations in paragraph 14 of Plaintiff’s Complaint. 15. Defendants deny the allegations in paragraph 15 of Plaintiff’s Complaint. 16. Defendants deny the allegations in paragraph 16 of Plaintiff’s Complaint. 17. Defendants deny the allegations in paragraph 17 of Plaintiff’s Complaint. 18. Defendants deny the allegations in paragraph 18 of Plaintiff’s Complaint. 19. Defendants deny the allegations in paragraph 19 of Plaintiff’s Complaint.
Second Claim: Retaliation 20. The Kids Automotive Defendants reallege their responses to paragraphs 1 through 19 of Plaintiff’s Complaint. 21. The Kids Automotive Defendants deny the allegations in paragraph 21 of Plaintiff’s Complaint. 22. The Kids Automotive Defendants deny the allegations in paragraph 22 of Plaintiff’s Complaint. 23. The Kids Autom otive Defendants de ny the allegations contained within paragraph 23 of Plaintiff’s Com plaint, namely that any o f these en tities engaged in retaliatory conduct of any type. Defendants further spec ifically deny the allegations contained within subparagraphs (a)-(e). 24. Defendants deny the allegations in paragraph 24 of Plaintiff’s Complaint.
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25. Defendants deny the allegations in paragraph 25 of Plaintiff’s Complaint. 26. Defendants deny the allegations in paragraph 26 of Plaintiff’s Complaint. 27. Defendants deny the allegations in paragraph 27 of Plaintiff’s Complaint. 28. Defendants deny the allegations in paragraph 28 of Plaintiff’s Complaint. 29. Defendants deny the allegations in paragraph 29 of Plaintiff’s Complaint.
PRAYER FOR RELIEF WHEREFORE, Defendants Moreland Auto Gr oup, LLP dba Kids Autom otive, Inc., Kids Financial, Inc. and Brandon Financial, Inc. request that this Court: A. Deny Plaintiff EEOC’s request for permanent injunction or in junctive relief in any form or of any type. B. Deny Plaintiff EEOC the relief reque sted contained within this paragraph of Plaintiff’s Complaint. C. Deny Plaintiff’s request for monetary damages of any type for W ayne and Castanon, including back pay and/or pre-judgment interest. D. Deny Plaintiff’s requested relie f for W ayne, Castanon and any other similarly situated individual. E. Deny Plaintiff’s request for relie f on behalf of Wayne, Cas tanon or any other similarly situated individual. F. Deny Plaintiff’s request for relie f on behalf of Wayne, Cas tanon or any other similarly situated individual. G. Deny Plaintiff’s request for relie f on behalf of Wayne, Cas tanon or any other similarly situated individual. H. Deny Plaintiff’s requested relief, na mely requesting training to officers, managers and e mployees regarding discrim inatory harassment and r etaliation in the workplace. I. Deny Plaintiff’s requested relief in paragraph I of Plaintiff’s Complaint. J. Deny Plaintiff’s request for relief in paragraph J of Plaintiff’s Complaint.
4

FIRST AFFIRMATIVE DEFENSE That some or all of Plaintiff’s claim s are barred by the applicab le statutes of limitations.
SECOND AFFIRMATIVE DEFENSE Plaintiff’s Complaint fails to state any claims upon which relief can be granted.
THIRD AFFIRMATIVE DEFENSE Plaintiff’s claims for relief are b arred by the e quitable doctrines of laches and estoppel.
FOURTH AFFIRMATIVE DEFENSE Wayne and Castanon were “at-will” em ployees whose em ployment was terminable without notice.
FIFTH AFFIRMATIVE DEFENSE Plaintiffs Wayne and Cast anon have failed to exhaust all administrative remedies under state and federal law and, as such, its claims are barred.
SIXTH AFFIRMATIVE DEFENSE Plaintiff’s injuries and dam ages, if any, were solely and proxim ately caused by a third person or persons over whom The Kids Automotive Defendants had neither control nor the right of control.
SEVENTH AFFIRMATIVE DEFENSE Plaintiff has failed to mitigate its damages, if any.
5

EIGHTH AFFIRMATIVE DEFENSE Plaintiff’s claims are ba rred as its injuries/dam ages, if any, were proxim ately caused by an interven ing event attributable to p ersons, forms and/or corporations other than The Kids Automotive Defendants.
NINTH AFFIRMATIVE DEFENSE Some or all of Plaintiff’s claims (on behalf of Wayne and Castanon) are barred by the exclusivity provisions of the Colorado Workers’ Compensation Act.
TENTH AFFIRMATIVE DEFENSE Plaintiff’s claims are barred or limited by the doctrine of set-off.
ELEVENTH AFFIRMATIVE DEFENSE Plaintiff failed to provide proper notice to The Kids Automotiv e Defendants of its claim and failed to comply with the provisions of Section 24-10-101, C.R.S. et seq.
TWELFTH AFFIRMATIVE DEFENSE In the event a verdict is returned in favor of the Plaintiff, Defendants are entitled to a reduction of a da mage award, if any, to th e extent of any pa yment made to W ayne and Castanon from a collateral source.
THIRTEENTH AFFIRMATIVE DEFENSE Plaintiff’s claims are barred because it has sued the wrong party and has f ailed to include an indispensable party to the litigation.
FOURTEENTH AFFIRMATIVE DEFENSE Defendants assert t he absence of a proxi mate, causal relationship between Defendants’ conduct and Wayne and Castanon’s separation from employment.
6

FIFTEENTH AFFIRMATIVE DEFENSE Wayne and Castanon unreason ably failed to av ail themselves of preventative or corrective opportunities provi ded by the Defendants and the Defendants exercised reasonable care to prevent or correct any allegedly improper conduct.
SIXTEENTH AFFIRMATIVE DEFENSE Defendants fully pe rformed any a nd all duties owed to Plaintif f under applicable law, including but not limited to, taking all r easonable steps to prevent harassment and/or discrimination in the wor k place. Plaintiff is therefore barred from asserting any cause of action against Defendants.
SEVENTEENTH AFFIRMATIVE DEFENSE Defendants allege t hat its actions, i f any, with respect to Pl aintiff were take n for legitimate, non-discriminatory business reasons including, but not li mited to, Plai ntiff’s failure to satisfactorily perform.
EIGHTEENTH AFFIMATVE DEFENSE Defendants assert that if any of Defendants’ agents or employees acted negligently, intentionally, willfully, or otherwise tortiously, unlawfully or wrongfully conducted themselves, to cause damage to Plaintiff, any such action was beyond the scope of such agent’s employment and was without advance knowledge, authorization, consent or ratification of Defendants.
NINETEENTH DEFENSE Plaintiff’s Complaint and each purported cause of action alleged therein, fails to state facts sufficient to allow recovery of exemplary or punitive damages against Defendants.
7

TWENTIETH AFFIRMATIVE DEFENSE Plaintiff’s alleged damages, if any, under Title VII are limited under the provisions of Section 102 of the Civil Rights Act of 1991, 42 U.S.C. §1981(a)(b)(3).
TWENTY-FIRST AFFIRMATIVE DEFENSE Defendants assert that if Wayne and Castanon suffered any emotional distress or physical injury (and Defendants deny that Plaintiff suffered such distress or injury) their emotional distress and alleged physical injury were proximately caused by factors other than their employment, the actions of Defendants, or anyone acting on Defendants’ behalf.
TWENTY-SECOND AFFIRMATIVE DEFENSE Plaintiff's right to recovery is barred in whole and in part by the doctrine of After Acquired Evidence.
TWENTY-THIRD AFFIRMATIVE DEFENSE Defendants did not enter in any form of contract, implied or express, with Wayne and Castanon, as they were at-will employees throughout their employment with Defendants.
TWENTY-FOURTH AFFIRMATIVE DEFENSE Plaintiff’s claims are frivolous, vexatious, unreasonable, and/or are filed in bad faith, and for that reason justi fy an award of attorney’s fees and costs against Plaintiff in favor of Defendants.
TWENTY-FIFTH AFFIRMATIVE DEFENSE Plaintiff’s claims are bar red by the princi ples and/or legal doctrines of coll ateral estoppel and res judicata.
8

TWENTY-SIXTH AFFIRMATIVE DEFENSE Defendants reserve the right to identify additional defenses as they become known through discovery. Defendants further reserve the right to bring a claim of malicious prosecution against the Plaintiff in the future, and any other appropriate counterclaims.
COUNTERCLAIM 30. Kids Automotive Defendants reincorporate their responses in paragraphs 1 through 30 to Plaintiff’s Complaint. 31. At all relevant times herein, Defendants have complied with the provisions of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e et seq. and Title I of the Civil Rights Act of 1991, 42 U.S.C. §1981a. 32. At all times relevant herein, Plaintiff EEOC was charged with the responsibility of fully investigating discrimination complaints brought by employees of the Kids Automotive Defendants. 33. Furthermore, at all relevant times Plaintiff EEOC was statutorily charged with the responsibility of conducting a full, fair and complete investigation of discrimination charges, pursuant to §§706(f)(1) and 706(f)(3) of Title VII, 42 U.S.C. §2000e-5(f)1-3. 34. Plaintiff and Counter-Defendant EEOC failed to comply with the foregoing sections, by not conducting a full, fair and complete investigation of the charges brought by Wayne and Castanon. This failure to conduct a full, fair and complete investigation included but not limited to:
(a) failing to interview all material witnesses to the pending charge of discrimination, including a co-owner of one or more of the relevant entities;
9

(b) failing to consider written materials submitted on behalf of the Kids Automotive Defendants; and
(c) failing to consider applicable defenses to the charges of discrimination, including jurisdiction. 35. Because of the conduct of Plaintiff and Cross-Defendant EEOC, the Kids Automotive Defendants have sustained damages, including losses associated with the disruption of their business operations, attorney’s fees (including costs of defending the within action), as such further and other damages to be proven at trial. WHEREFORE, on the instant counterclaim, Defendant and Counterclaimant Kids Automotive request that this Court: A. Issue a judicial declaration finding that Defendant has complied with the provisions of Title VII of the Civil Rights of 1964, as amended and Title I of the Civil Rights Act of 1991. B. Order Plaintiff EEOC to make Defendant whole for the costs of defending the within action, including attorney’s fees, costs, expert fees and expenses related to defending the instant charges of discrimination and subsequent civil action. C. Grant such further relief as the Court deems necessary and proper.
JURY DEMAND The Kids Automotive Defendants request a jury trial as to all issues so triable.
10

Date this 12th day of December, 2006. Respectf

ully submitted,

Denver, (303) (303)

s/Timothy L. Nemechek_____________ Timothy L. Nemechek, No. 18555 Cairns Nemechek & Magruder, LLC 8055 E. Tufts Ave., Suite 101
Colorado 80237 414-2203 414-2201 tnemechek@cnmlegal.com

Attorney

for Defendants

CERTIFICATE OF SERVICE
I hereby certify that on this 12 th day of Dece mber, 2006, a true and correct copy of the foregoing ANSWER AND COUNTERCLAIM was served via el ectronic filing, and addressed to the following:
Lynn Palma, Esq. EEOC 303 E. 17th Avenue, Suite 510 Denver, CO 80203
Elisa J. Moran, Esq. 8451 East Oregon Place Denver, CO 80231
Jim Abrams, Esq. 401 Westwood Drive Denver CO 80206

s/Marian Mesta

11

 
 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Civil Action No. 06-cv-01903-EWN-MEH EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, NANCY CASTANON and GEORGENE WAYNE,
Plaintiffs-Intervenors, v. MORELAND AUTO GROUP, LLP; d/b/a Kids Automotive, Inc.; KIDS FINANCIAL INC.; and BRANDON FINANCIAL, INC.;
Defendants. ______________________________________________________________________________
ORDER ON DEFENDANTS’MOTION FOR PROTECTIVE ORDER ______________________________________________________________________________
Defendants have filed a Motion for Protective Order [Docket #33], requesting that the blanket protective order, which all parties agree is appropriate, include an enforcement provision. Oral argument would not materially assist the Court in adjudicating this motion. For the reasons stated
below, the Court grants the Motion for Protective Order.
Plaintiff Equal Employment Opportunity Commission and Intervenor Plaintiffs brought suit against Defendants for claims of sexual harassment, hostile work environment, and retaliation under Title VII of the Civil Rights Act of 1964, as amended. All parties agree that a blanket protective order should be entered in this case to protect the confidential information that will produced, including, but not limited to: employee personnel information such as wage and disciplinary records; financial information of the parties; proprietary business information; and medical information.
Defendants request that the following provision be included in the protective order, to remind

all parties of the consequences of violating the protective order: The parties recognize and agree that the violation of or failure to comply with this Protective Order by any person to which this Protective Order applies is considered a violation of an order of this Court. Such a violation may result in the imposition of sanctions, including a finding of contempt of court and/or an award of attorney’s fees to the aggrieved party, and any such other and further relief as may be deemed appropriate by the Court.
Dock. #33, Exh. A, ¶ 9. Defendant believes that this cautionary paragraph is necessary because current employees will be witnesses in the case, and some current employees have continued contact with the Intervenor Plaintiffs.
Plaintiff EEOC argues that this paragraph is unnecessary, because it implies that the parties may otherwise violate the protective. Plaintiff EEOC takes issue with the need for such language, in part, because EEOC has never been accused of wrongfully using confidential information. Intervenor Plaintiffs filed no response.
As an initial matter, the Court notes that this paragraph is not intended to remind counsel in this case of their obligations to comply with Court orders. This admonition is self evident, and the Court does not believe that Defendants intended to imply that any attorney in this case would use the information improperly. Defendants state that their concern relates to current and former employees, and the recurring interaction of the same. Those not trained in the legal profession, while certainly aware that a Court order should not be disobeyed, may not be familiar with the consequences of such a violation, as allowed by Fed. R. Civ. P. 37(b). Although the paragraph is not required, the Court noted in Garcia v. Dillon Co., No. 05-2339, 2006 U.S. Dist. LEXIS 88127, *6 (D. Colo. Dec. 5, 2006), that this paragraph simply states the authority already possessed by the Court to enforce its own orders. A protective order containing such a paragraph is not intended to impugn the good
2

character of any party, counsel, or witness, and this Court will not view it as such. Given the confidential information to be produced relating to current and former employees, the Court believes such a cautionary paragraph is appropriate to remind all participants in this case, particularly witnesses who may need limited access to confidential documents but are not represented by counsel, of the seriousness of this Order.
Accordingly, for the reasons stated above, it is hereby ORDERED that Defendants’Motion for Protective Order [Filed March 9, 2007; Docket #33] is granted. The Court will enter the proposed protective order on the record, including paragraph nine.
Dated at Denver, Colorado, this 14th day of March, 2007. BY THE COURT: s/ Michael E. Hegarty Michael E. Hegarty United States Magistrate Judge
3

 
 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Civil Action No. 06-cv-01903-EWN-MEH EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, v. MORELAND AUTO GROUP, LLP d/b/a KIDS AUTOMOTIVE, INC., KIDS FINANCIAL INC., and BRANDON FINANCIAL, INC.
Defendants.
SETTLEMENT AGREEMENT
1. The Parties to this agreement are Plaintiff EEOC (hereinafter “Plaintiff” or “Commission”), Moreland Auto Group, LLP, and Defendants Kids Automotive, Inc., Kids Financial, Inc. and Brandon Financial, Inc. (hereinafter “Defendants”). 2. The Parties hereby release and waive all claims against each other related to or arising out of this litigation, except that any claims arising out of the termination of Lucille Fancher on or about June 3, 2008, are specifically excluded from this Agreement.. 3. In settlement of the EEOC’s claims alleged in the above-captioned lawsuit, Defendants will pay the total sum of $70,000. 4. Waiver of Commission Claims: The Commission agrees not to use any of the
1

charges of discrimination filed by Georgene Wayne and Nancy Castenon which formed the basis for the above-captioned lawsuit, above-referenced charges as the jurisdictional basis for filing a lawsuit against any of the Defendants. The Commission hereby waives all charges and allegations it has asserted against Defendants in this case. 5. Reserved Rights: The Commission, in accordance with its normal policy, reserves all rights to proceed with respect to matters not covered in this Agreement and to secure relief on behalf of aggrieved persons not covered by this Agreement. The Commission specifically reserves the right to proceed as to any charge of discrimination filed based on the termination of Lucille Fancher on or about June 3, 2008 6. Charges filed after March 21, 2008: The EEOC will not base EEOC litigation on any charges which: (a) allege sexual harassment, gender-based hostile work environment, or retaliation in violation of Title VII; (b) are filed after March 21, 2008; and (c) are based entirely on conduct which occurred prior to March 21, 2008. Such charges will otherwise be handled according to the EEOC's usual procedures. 7. In consideration for the payment received under this agreement, each of the following individuals will execute a separate Individual Confidential Settlement Agreement and Release (“Individual Release”) in a form agreed to by the parties: Amanda Kortje, Mitsy Mohr, Linda Folks, Karen Holte, Lucille Fancher, and Cheryl Brooks. 8. Within five days after the Court approves this Agreement, EEOC will mail to each claimant the following materials: (a) the Individual Release; (b) a check from
2

Defendants in the amount of $250 payable to the Claimant; (c) a cover letter from the EEOC explaining the process to accept and the deadline for returning the signed release; and (d) a return envelope addressed to the EEOC. Claimants may accept the settlement offer by signing the Individual Release and returning it to the EEOC by the agreed deadline. 9. The deadline for returning the Individual Confidential Settlement Agreement and Release will be twenty (21) calendar days after the date of the cover letter. 10. The next business day after the deadline for returning the Individual Release, EEOC will send the Defendants the original releases, by hand delivery or overnight delivery service, and will notify Defendants by email or fax of the names of the claimants who have returned the Individual Release. If all six claimants have returned signed releases before the deadline, notice under this paragraph may be given as soon as all six releases are received. 11. The settlement fund will be distributed among the claimants who timely sign and return the Individual Confidential Settlement Agreement and Release, according to the schedule agreed between the parties. Settlement checks will be mailed to the Claimants, within ten (10) calendar days of the deadline set for returning the Individual Confidential Settlement Agreement and Release. 12. The foregoing payments are designated as compensatory damages, for which Defendants will issue Form 1099s. 13. Plaintiff hereby certifies that the individuals listed in Paragraph 7 Attachment A are the only individuals for whom Plaintiff seeks relief in this action.
3

14. The Parties agree that the claims of former Intervener Plaintiffs Castanon and Wayne have been settled separately, with the advice of their counsel and under terms agreeable to them. 15. Defendants agree that they are enjoined from engaging in any employment practice which discriminates on the basis of gender or retaliates against individuals who make claims of discrimination. 16. Defendants shall continue to maintain a policy proscribing discrimination or retaliation based on gender or pregnancy. This provision shall not be construed to mean the EEOC has reviewed, approved of, or accepted the validity or sufficiency of Defendants’ policies, or otherwise waived any right or obligation to investigate and/or litigate any alleged adverse effects of said policies upon equal employment opportunities. 17. Defendants shall provide annual training to employees on what constitutes employment discrimination. Non-managerial employees will attend two and one-half (2.5) hours of training per year, and managerial employees will attend four hours of training per year. New employees will complete at least one hour of the requisite training, within ten days of being hired. HR employees will receive at least ten (10) hours of training annually. Such training must be conducted by a third-party vendor, but may be an on-line or video, DVD, or CD presentation, purchased from a third-party vendor. 18. The term of this Agreement is three (3) years. 19. Each party will pay its own costs and attorneys fees.
4

APPROVED: August 22, 2008

BY THE COURT:
s/ Edward W. Nottingham Edward J. Nottingham Chief United States District Judge

5

 
 Case: 1:06-cv-1903 As of: 06/03/2017 12:23 PM MDT 1 of 15
NDISPO,STAYDI,TERMED
U.S. District Court District of Colorado (Denver) CIVIL DOCKET FOR CASE #: 1:06−cv−01903−EWN−KLM

Equal Employment Opportunity Commission v. Moreland Auto Group, LLP Assigned to: Judge Edward W. Nottingham Referred to: Magistrate Judge Kristen L. Mix Cause: 42:2000 Job Discrimination (Sex)
Plaintiff

Date Filed: 09/25/2006 Date Terminated: 08/22/2008 Jury Demand: Defendant Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Equal Employment Opportunity Commission

represented by Lynn L. Palma U.S. Equal Employment Opportunity Commission−Denver 303 East 17th Avenue Suite 410 Denver, CO 80203−9634 303−866−1374 Fax: 303−866−1375 Email: lynn.palma@eeoc.gov TERMINATED: 02/12/2008 LEAD ATTORNEY

Nancy A. Weeks U.S. Equal Employment Opportunity Commission−Denver 303 East 17th Avenue Suite 410 Denver, CO 80203−9634 303−866−1075 Fax: 303−866−1375 Email: nancy.weeks@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Rita Byrnes Kittle U.S. Equal Employment Opportunity Commission−Denver 303 East 17th Avenue Suite 410 Denver, CO 80203−9634 303−866−1347 Fax: 303−866−1375 Email: rita.kittle@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

David Andrew Winston U.S. Equal Employment Opportunity Commission−Denver 303 East 17th Avenue Suite 410 Denver, CO 80203−9634 303−866−1361 Fax: 303−866−1375 Email: andrew.winston@eeoc.gov ATTORNEY TO BE NOTICED

Jennifer Ann Randall Social Security Administration−Denver Office of the General Counsel, Region VIII

Case: 1:06-cv-1903 As of: 06/03/2017 12:23 PM MDT 2 of 15
1961 Stout Street Suite 4169 Denver, CO 80294−4003 303−844−0813 Fax: 303−844−0770 Email: jennifer.randall@ssa.gov TERMINATED: 01/30/2008
Sally C. Shanley U.S. Equal Employment Opportunity Commission−Phoenix 3300 North Central Avenue Suite 690 Phoenix, AZ 85102 602−640−5032 Fax: 602−640−5009 Email: sally.shanley@eeoc.gov ATTORNEY TO BE NOTICED

V. Intervenor Plaintiff Nancy Castanon TERMINATED: 10/09/2007
Intervenor Plaintiff Georgene Wayne TERMINATED: 10/09/2007

represented by James L. Abrams James L. Abrams, Attorney at Law 401 Westwood Drive Denver, CO 80206 303−321−6087 Email: abramsjim@gmail.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Elisa Julie Moran Elisa Moran, Law Offices of 8451 East Oregon Place Denver, CO 80231 303−745−6560 Fax: 303−632−5998 Email: Elisaatty@aol.com ATTORNEY TO BE NOTICED
represented by Elisa Julie Moran (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
James L. Abrams (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant
Moreland Auto Group, LLP doing business as Kids Automotive, Inc. doing business as Kids Financial, Inc. doing business as Brandon Financial, Inc.

represented by Michelle Renee Magruder Fairfield &Woods, P.C. 1801 California Street Suite 2600 Denver, CO 80202−2645 303−830−2400 Fax: 303−830−1033 Email: mmagruder@fwlaw.com

Case: 1:06-cv-1903 As of: 06/03/2017 12:23 PM MDT 3 of 15

ATTORNEY TO BE NOTICED

Timothy L. Nemechek Nemechek Law Group, LLC 6780 South Emporia Street Centennial, CO 80112 303−414−2200 Fax: 303−414−2201 Email: tnemechek@n−mlegal.com ATTORNEY TO BE NOTICED

Counter Claimant
Moreland Auto Group, LLP TERMINATED: 10/09/2007

represented by Timothy L. Nemechek (See above for address) ATTORNEY TO BE NOTICED

V. Counter Defendant Equal Employment Opportunity Commission
Counter Claimant Moreland Auto Group, LLP

represented by Lynn L. Palma (See above for address) TERMINATED: 02/12/2008 LEAD ATTORNEY
Nancy A. Weeks (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Rita Byrnes Kittle (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jennifer Ann Randall (See above for address) TERMINATED: 01/30/2008
represented by Timothy L. Nemechek (See above for address) ATTORNEY TO BE NOTICED

V.
Counter Defendant
Nancy Castanon TERMINATED: 10/09/2007

represented by Elisa Julie Moran (See above for address) ATTORNEY TO BE NOTICED

Date Filed 09/25/2006
09/26/2006

# Docket Text
1 COMPLAINT and Jury Trial Demand against Moreland Auto Group, LLP Summons Not Issued, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(pap, ) (Entered: 09/26/2006)
2 ORDER REFERRING CASE to Magistrate Judge Michael E. Hegarty by Judge Nottingham. Dispositive Motions due by 5/25/2007. (ewnsec, ) (Entered: 09/26/2006)

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09/27/2006 11/07/2006 11/14/2006 11/15/2006 11/15/2006 12/05/2006 12/12/2006
12/12/2006 12/15/2006
12/15/2006 12/22/2006 01/04/2007 01/04/2007 01/05/2007
01/05/2007
01/05/2007 01/08/2007

3 MINUTE ORDER Scheduling Conference set for 1/11/2007 09:15 AM in Courtroom A 601 before Magistrate Judge Michael E. Hegarty.Entered by Judge Michael E. Hegarty on 9/27/06. (pap, ) (Entered: 09/27/2006)
4 WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Moreland Auto Group, LLP waiver sent on 10/10/2006, answer due 12/11/2006. (Palma, Lynn) (Entered: 11/07/2006)
5 Unopposed MOTION to Intervene by Interested Party Nancy Castanon. (Attachments: # 1 Exhibit Complaint and Jury Trial Demand of Interveners, Exhibit A to Motion for Leave to Intervene)(Moran, Elisa) (Entered: 11/14/2006)
6 Minute ORDER granting 5 Motion to Intervene. Signed by Judge Edward W. Nottingham on 11/15/06.(gmssl, ) (Entered: 11/15/2006)
7 INTERVENOR COMPLAINT and Jury Trial Demand against defendant, filed by Nancy Castanon, Georgene Wayne.(gmssl, ) (Entered: 11/15/2006)
8 NOTICE of Entry of Appearance by Timothy L. Nemechek on behalf of Moreland Auto Group, LLP (Nemechek, Timothy) (Entered: 12/05/2006)
9 Unopposed MOTION for Extension of Time to File Answer and Certificate of Compliance with D.C.Colo.L.Civ.R. 7.1A by Defendant Moreland Auto Group, LLP. (Attachments: # 1 Proposed Order (PDF Only) Re Unopposed Motion for Extension of Time)(Nemechek, Timothy) (Entered: 12/12/2006)
10 Defendants ANSWER to Complaint and, COUNTERCLAIM against Equal Employment Opportunity Commission by Moreland Auto Group, LLP.(Nemechek, Timothy) (Entered: 12/12/2006)
11 MEMORANDUM regarding 9 Unopposed MOTION for Extension of Time to File Answer and Certificate of Compliance with D.C.Colo.L.Civ.R. 7.1A filed by Moreland Auto Group, LLP. Motion referred to Magistrate Judge Michael E. Hegarty. Entered by Judge Edward W. Nottingham on 12/15/06. (Text Only Entry − No Document Attached) (ewnsec, ) (Entered: 12/15/2006)
12 MINUTE ORDER Granting 9 Defendants' Motion for Extension of Time to Answer, Accepting as timely filed 10 Answer to Complaint, Counterclaim. Entered by Magistrate Judge Michael E. Hegarty on 12/15/06.(pap, ) (Entered: 12/15/2006)
13 ANSWER to Intervenor Complaint and Jury Demand and, COUNTERCLAIM against Nancy Castanon by Moreland Auto Group, LLP.(Nemechek, Timothy) (Entered: 12/22/2006)
14 ANSWER to Counterclaim and Jury Trial Demand by Nancy Castanon.(Moran, Elisa) (Entered: 01/04/2007)
15 MOTION For Extension of Time to Submit proposed Scheduling Order by Defendant Moreland Auto Group, LLP. (Attachments: # 1 Proposed Order (PDF Only))(Nemechek, Timothy) (Entered: 01/04/2007)
16 MEMORANDUM regarding 15 MOTION For Extension of Time to Submit proposed Scheduling Order filed by Moreland Auto Group, LLP. Motion referred to Magistrate Judge Michael E. Hegarty. Entered by Judge Edward W. Nottingham on 1/5/07. (Text Only Entry − No Document Attached)(ewnsec, ) (Entered: 01/05/2007)
17 MINUTE ORDER Granting 15 Defendants' Unopposed MOTION For Extension of Time to Submit proposed Scheduling Order. Proposed Scheduling Order is due on or before 1/5/07. Entered by Magistrate Judge Michael E. Hegarty on 1/5/07.(pap, ) (Entered: 01/05/2007)
18 Joint MOTION For Extension of Time to Submit Proposed Scheduling Order by Defendant Moreland Auto Group, LLP. (Attachments: # 1 Proposed Order (PDF Only))(Nemechek, Timothy) (Entered: 01/05/2007)
19 MEMORANDUM regarding 18 Joint MOTION For Extension of Time to Submit Proposed Scheduling Order filed by Moreland Auto Group, LLP. Motion referred to Magistrate Judge Michael E. Hegarty. Entered by Judge Edward W. Nottingham

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01/08/2007 01/08/2007 01/11/2007
01/19/2007 01/29/2007 01/30/2007 02/01/2007 02/01/2007 03/05/2007 03/05/2007 03/06/2007 03/06/2007 03/09/2007

on 1/8/07. (Text Only Entry − No Document Attached)(ewnsec, ) (Entered: 01/08/2007)
20 MINUTE ORDER Granting 18 Joint MOTION For Extension of Time to Submit Proposed Scheduling Order. Proposed scheduling order is due on or before 1/8/07. Signed by Magistrate Judge Michael E. Hegarty on 1/8/07.(pap, ) (Entered: 01/08/2007)
21 Proposed Scheduling Order by Intervenor Plaintiffs Nancy Castanon, Georgene Wayne, Plaintiff Equal Employment Opportunity Commission, Counter Claimants Moreland Auto Group, LLP, Moreland Auto Group, LLP, Counter Defendants Equal Employment Opportunity Commission, Nancy Castanon, Defendant Moreland Auto Group, LLP. (Palma, Lynn) (Entered: 01/08/2007)
22 Minute Entry/Minute Order for proceedings held before Magistrate Judge Michael E. Hegarty: Scheduling Conference held on 1/11/2007. Rule 26(a)(1) Disclosures due by 1/12/2007. Discovery due by 5/25/2007. Dispositive Motions due by 5/25/2007. Confidential Settlement Statements due by 3/6/1007. Settlement Conference set for 3/13/2007 01:30 PM in Courtroom A 601 before Magistrate Judge Michael E. Hegarty. Proposed Pretrial Order due by 3/6/2007. Preliminary Pretrial Conference set for 3/13/2007 01:30 PM in Courtroom A 601 before Magistrate Judge Michael E. Hegarty. Counsel to resubmit corrected Scheduling Order to Magistrate Judge Hegarty by e−mail in Word or WordPerfect format no later than close of business on 1/18/2007.(Court Reporter FTR − C. Coomes) (mehcd) (Entered: 01/11/2007)
23 SCHEDULING ORDER. Signed by Judge Michael E. Hegarty on 1/19/07. (pap, ) (Entered: 01/19/2007)
24 Joint MOTION to Amend/Correct/Modify Answer by Counter Claimants Moreland Auto Group, LLP, Moreland Auto Group, LLP, Defendant Moreland Auto Group, LLP. (Attachments: # 1 Proposed Order (PDF Only) Order Re Unopposed Motion For Extension of Time)(Nemechek, Timothy) (Entered: 01/29/2007)
25 MEMORANDUM regarding 24 Joint MOTION to Amend Answer filed by Moreland Auto Group, LLP. Motion referred to Magistrate Judge Michael E. Hegarty. Entered by Judge Edward W. Nottingham on 1/30/07. (Text Only Entry − No Document Attached)(ewnsec, ) (Entered: 01/30/2007)
26 MINUTE ORDER granting 24 Defendants' Unopposed MOTION to Amend Answer. Defendants are granted until 2/5/07 to file their amended answer. Entered by Magistrate Judge Michael E. Hegarty on 1/31/07.(pap, ) (Entered: 02/01/2007)
27 AMENDED ANSWER to Plaintiff EEOC's 1 Complaint by Defendant Moreland Auto Group, LLP. (Nemechek, Timothy) (Entered: 02/01/2007)
28 Joint MOTION For Extension of Time to Hold Preliminary Pretrial Conference by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order (PDF Only))(Weeks, Nancy) (Entered: 03/05/2007)
29 MEMORANDUM regarding 28 Joint MOTION For Extension of Time to Hold Preliminary Pretrial Conference filed by Equal Employment Opportunity Commission. Motion referred to Magistrate Judge Michael E. Hegarty. Entered by Judge Edward W. Nottingham on 3/5/07. (Text Only Entry − No Document Attached)(ewnsec, ) (Entered: 03/05/2007)
30 MINUTE ORDER Granting 28 Joint Motion for Extension of Time for Preliminary Pretrial Conference. Entered by Magistrate Judge Michael E. Hegarty on 3/6/07.(pap, ) (Entered: 03/06/2007)
31 Utility Resetting Deadlines/Hearings: Pursuant to 30 Minute Order, Proposed Pretrial Order due by 5/7/2007, Preliminary Pretrial Conference is VACATED and RESET to 5/14/2007 09:45 AM before Magistrate Judge Michael E. Hegarty. Text only entry − no document attached. (pap, ) (Entered: 03/06/2007)
32 MOTION for Protective Order [Fed.R.Civ.P. 26(c)] by Defendant Moreland Auto Group, LLP. (Nemechek, Timothy) (Entered: 03/09/2007)

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03/09/2007 03/09/2007 03/09/2007 03/09/2007 03/12/2007 03/13/2007 03/14/2007 03/15/2007 03/19/2007
04/18/2007 04/19/2007
04/19/2007 04/19/2007 05/21/2007 05/22/2007

33 MOTION for Protective Order and Protective Order by Defendant Moreland Auto Group, LLP. (Attachments: # 1 Proposed Order (PDF Only) Protective Order)(Nemechek, Timothy) (Entered: 03/09/2007)
34 CERTIFICATE OF COMPLIANCE [D.C.Colo.L.Civ.R. 7.1A] re 33 MOTION for Protective Order and Protective Order by Defendant Moreland Auto Group, LLP. (Attachments: # 1 Exhibit 1)(Nemechek, Timothy) (Entered: 03/09/2007)
35 MEMORANDUM regarding 33 MOTION for Protective Order and Protective Order filed by Moreland Auto Group, LLP. Motion referred to Magistrate Judge Michael E. Hegarty. Entered by Judge Edward W. Nottingham on 3/9/07. (Text Only Entry − No Document Attached)(ewnsec, ) (Entered: 03/09/2007)
36 Docket Annotation re: 32 MOTION for Protective Order [Fed.R.Civ.P. 26(c)], Motion TERMED as 33 Motion for Protective Order is a Duplicate with a proposed order. Text only entry − no document attached. (pap2, ) (Entered: 03/09/2007)
37 MINUTE ORDER Any responses are due by NOON on 3/13/07 to 33 Defendants' MOTION for Protective Order and Protective Order.Entered by Judge Michael E. Hegarty on 3/12/07. (pap, ) (Entered: 03/12/2007)
38 RESPONSE to Motion re 32 MOTION for Protective Order [Fed.R.Civ.P. 26(c)] filed by Plaintiff Equal Employment Opportunity Commission. (Weeks, Nancy) (Entered: 03/13/2007)
40 Minute Entry for proceedings held before Judge Michael E. Hegarty : Settlement Conference held on 3/14/2007, no settlement was reached. (pap, ) (Entered: 03/15/2007)
39 ORDER Granting 33 Defendants' Motion for Protective Order. Signed by Magistrate Judge Michael E. Hegarty on 3/14/07.(pap, ) (Entered: 03/15/2007)
41 MINUTE ORDER Proposed Pretrial Order due by 5/29/2007. Preliminary Pretrial Conference is VACATED and RESCHEDULED to 6/4/2007 09:00 AM in Courtroom 203 in the Byron G. Rogers United States Courthouse before Magistrate Judge Michael E. Hegarty.Entered by Judge Michael E. Hegarty on 3/19/07. (pap, ) (Entered: 03/19/2007)
42 Joint MOTION to Amend/Correct/Modify 23 Scheduling Order by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order (PDF Only) Amending Scheduling Order)(Weeks, Nancy) (Entered: 04/18/2007)
43 MEMORANDUM regarding 42 Joint MOTION to Amend/Correct/Modify 23 Scheduling Order filed by Equal Employment Opportunity Commission. Motion referred to Magistrate Judge Michael E. Hegarty. Entered by Judge Edward W. Nottingham on 4/19/07. (Text Only Entry − No Document Attached)(ewnsec, ) (Entered: 04/19/2007)
44 MINUTE ORDER Granting in part and Denying in part 42 Parties' Joint Motion to Amend Scheduling Order. Entered by Magistrate Judge Michael E. Hegarty on 4/19/07.(pap, ) (Entered: 04/19/2007)
45 Utility Resetting Deadlines: Pursuant to 44 Minute Order Amending Discovery Deadlines. Discovery due by 6/25/2007. Dispositive Motions due by 6/25/2007. Text only entry − no document attached. (pap, ) (Entered: 04/19/2007)
46 MOTION for Sanctions denying defendants the right to use certain evidence, or in the alternative, to compel discovery responses, and for legal fees by Counter Defendant Nancy Castanon. (Attachments: # 1 Exhibit 1)(Moran, Elisa) (Entered: 05/21/2007)
47 MEMORANDUM regarding 46 MOTION for Sanctions denying defendants the right to use certain evidence, or in the alternative, to compel discovery responses, and for legal fees filed by Nancy Castanon. Motion referred to Magistrate Judge Michael E. Hegarty. Entered by Judge Edward W. Nottingham on 5/22/07. (Text Only Entry − No Document Attached)(ewnsec, ) (Entered: 05/22/2007)

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05/25/2007 05/29/2007 05/29/2007 05/31/2007 06/01/2007 06/04/2007 06/05/2007 06/05/2007 06/06/2007 06/06/2007
06/06/2007 06/08/2007
06/12/2007

48 Unopposed MOTION For Extension of Time to Designate Experts by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Plaintiff's First Interrogatories and RFP# 2 Exhibit Proposed Order)(Weeks, Nancy) (Entered: 05/25/2007)
49 MEMORANDUM regarding 48 Unopposed MOTION For Extension of Time to Designate Experts filed by Equal Employment Opportunity Commission. Motion referred to Magistrate Judge Michael E. Hegarty. Entered by Judge Edward W. Nottingham on 5/29/07. (Text Only Entry − No Document Attached)(ewnsec, ) (Entered: 05/29/2007)
50 Proposed Pretrial Order by Defendant Moreland Auto Group, LLP. (Nemechek, Timothy) (Entered: 05/29/2007)
51 MINUTE ORDER Granting 48 Unopposed MOTION For Extension of Time to Designate Experts up to 7/9/07. Entered by Magistrate Judge Michael E. Hegarty on 5/31/07.(pap, ) (Entered: 05/31/2007)
52 MOTION for Summary Judgment by Defendant Moreland Auto Group, LLP. (Attachments: # 1 Continuation of Main Document Defendants Brief in Support of Motion for Summary Judgment# 2 Exhibit Exh 1−3# 3 Exhibit Exh 4 and 5# 4 Exhibit Exh 6 and 7# 5 Exhibit Exh 8# 6 Exhibit 9# 7 Exhibit 10# 8 Exhibit 11# 9 Exhibit 12 − 15)(Nemechek, Timothy) (Entered: 06/01/2007)
53 Minute Entry/Minute Order for proceedings held before Magistrate Judge Michael E. Hegarty: Final Pretrial Conference held on 6/4/2007. (Court Reporter FTR − C. Coomes) (mehcd) (Entered: 06/04/2007)
54 PRELIMINARY PRETRIAL ORDER; Remaining discovery, Pending Motions, Estimated 9 day jury trial. Signed by Judge Michael E. Hegarty on 6/5/07. (pap, ) (Entered: 06/05/2007)
55 MOTION For Extension of Time to Designate witnesses pursuant to Fed. R Civ. P 30 (b)(6) by Defendant Moreland Auto Group, LLP. (Attachments: # 1 Proposed Order (PDF Only))(Nemechek, Timothy) (Entered: 06/05/2007)
56 MEMORANDUM regarding 55 MOTION For Extension of Time to Designate witnesses pursuant to Fed. R Civ. P 30 (b)(6) filed by Moreland Auto Group, LLP. Motion referred to Magistrate Judge Michael E. Hegarty. Entered by Judge Edward W. Nottingham on 6/6/07. (Text Only Entry − No Document Attached)(ewnsec, ) (Entered: 06/06/2007)
57 Minute Entry/Minute Order for proceedings held before Magistrate Judge Michael E. Hegarty: granting 55 Motion for Extension of Time. Telephonic Status Conference held on 6/6/2007. Status Conference set for 6/8/2007 02:30 PM in Courtroom C203 on the second floor of the Byron G. Rogers U.S. District Courthouse located at 1929 Stout Street, Denver, Colorado, before Magistrate Judge Michael E. Hegarty. Settlement Conference set for 6/8/2007 02:30 PM in Courtroom C203 before Magistrate Judge Michael E. Hegarty. (Court Reporter FTR − C. Coomes) (mehcd) (Entered: 06/06/2007)
58 Minute Entry/Minute Order for proceedings held before Magistrate Judge Michael E. Hegarty: Telephonic Status Conference held on 6/6/2007. Discovery due by 7/9/2007. Dispositive Motions due by 7/9/2007. (Court Reporter FTR − C. Coomes) (mehcd) (Entered: 06/06/2007)
59 Minute Entry for proceedings held before Judge Michael E. Hegarty : Status Conference held on 6/8/2007. Schedule for all outstanding discovery is by close of business 6/11/07. Defendants' response is due by 6/15/07 to Intervenors' Motion for an Order Denying Defendants the Right to Use Certain Evidence, or in the Alternative to Compel Discovery Responses, and for Legal Fees (Court Reporter FTR − Courtroom C203 − Benjamin Van Dyke.) (pap, ) (Entered: 06/08/2007)
60 Joint MOTION to Stay Action by Defendant Moreland Auto Group, LLP. (Attachments: # 1 Proposed Order (PDF Only))(Nemechek, Timothy) (Entered: 06/12/2007)

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06/15/2007 06/21/2007 06/22/2007 06/22/2007
06/25/2007 06/25/2007 06/25/2007
06/26/2007
06/26/2007 06/26/2007
06/26/2007 06/27/2007 06/28/2007 06/29/2007 06/29/2007

61 MINUTE ORDER Status Conference set for 6/18/2007 09:00 AM in Courtroom C203 before Magistrate Judge Michael E. Hegarty.Entered by Judge Michael E. Hegarty on 6/15/07. (pap, ) (Entered: 06/15/2007)
62 MINUTE ORDER denying 46 MOTION for Sanctions denying defendants the right to use certain evidence, or in the alternative, to compel discovery responses, and for legal fees. Entered by Magistrate Judge Michael E. Hegarty on 6/20/07.(pap, ) (Entered: 06/21/2007)
63 MOTION to Withdraw as Attorney Lynn L. Palma by Plaintiff Equal Employment Opportunity Commission. (Palma, Lynn) (Entered: 06/22/2007)
64 MEMORANDUM regarding 63 MOTION to Withdraw as Attorney Lynn L. Palma filed by Equal Employment Opportunity Commission. Motion referred to Magistrate Judge Michael E. Hegarty. Entered by Judge Edward W. Nottingham on 6/22/07. (Text Only Entry − No Document Attached)(ewnsec, ) (Entered: 06/22/2007)
65 MINUTE ORDER Granting 63 EEOC's Motion to Withdraw as Attorney. Attorney Lynn L. Palma terminated. Entered by Magistrate Judge Michael E. Hegarty on 6/25/07.(pap, ) (Entered: 06/25/2007)
66 Emergency MOTION to Stay Discovery UNOPPOSED by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1 Franklin v. City of Merriam# 2 Exhibit 2− Goin v. Kansas# 3 Exhibit 3 Namoko v. Milgard# 4 Proposed Order (PDF Only))(Weeks, Nancy) (Entered: 06/25/2007)
67 Unopposed MOTION For Extension of Time to Oppose SJ under Rule56f by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Affidavit Exh 1 Nancy A. Weeks# 2 Exhibit 2 Moreland depo notice# 3 Exhibit 3 May 18 depo notic# 4 Exhibit 4 Response to EEOC discovery# 5 Exhibit 5 30b6 notice# 6 Exhibit 6 Email)(Weeks, Nancy) (Entered: 06/25/2007)
68 MEMORANDUM regarding 66 Emergency MOTION to Stay Discovery UNOPPOSED filed by Equal Employment Opportunity Commission. Motion referred to Magistrate Judge Michael E. Hegarty. Entered by Judge Edward W. Nottingham on 6/26/07. (Text Only Entry − No Document Attached)(ewnsec, ) (Entered: 06/26/2007)
69 Docket Annotation re: 67 Unopposed MOTION For Extension of Time to Oppose SJ under Rule56f. Motion terminated, EEOC to properly refile motion. Text only entry − no document attached. (pap2, ) (Entered: 06/26/2007)
70 Unopposed MOTION for Extension of Time to File Response/Reply as to 52 MOTION for Summary Judgment Pursuant to Rule 56(f) by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Affidavit Exh 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6)(Weeks, Nancy) (Entered: 06/26/2007)
71 Unopposed MOTION For Extension of Time to File Motion to Enforce Settle Agmt by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order (PDF Only) 1)(Weeks, Nancy) (Entered: 06/26/2007)
72 MINUTE ORDER Granting 66 EEOC's UNOPPOSED Emergency MOTION to Stay Discovery. Discovery is stayed until resolution of the Motion to Enforce Settlement Agreement. Entered by Magistrate Judge Michael E. Hegarty on 6/27/07.(pap, ) (Entered: 06/27/2007)
73 NOTICE of Entry of Appearance by Jennifer Ann Randall on behalf of Equal Employment Opportunity Commission (Randall, Jennifer) (Entered: 06/28/2007)
74 Unopposed MOTION For Extension of Time to to Complete Discovery and Request for Expedited Hearing by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order (PDF Only))(Randall, Jennifer) (Entered: 06/29/2007)
75 MEMORANDUM regarding 74 Unopposed MOTION For Extension of Time to to Complete Discovery and Request for Expedited Hearing filed by Equal Employment Opportunity Commission. Motion referred to Magistrate Judge

Case: 1:06-cv-1903 As of: 06/03/2017 12:23 PM MDT 9 of 15

07/02/2007 07/02/2007 07/02/2007 07/02/2007 07/02/2007 07/05/2007 07/05/2007 07/05/2007 07/06/2007 07/06/2007
07/09/2007 07/09/2007
07/10/2007 07/10/2007

Michael E. Hegarty. Entered by Chief Judge Edward W. Nottingham on 6/29/07. (Text Only Entry − No Document Attached)(ewnsec, ) (Entered: 06/29/2007)
76 MOTION to Enforce Settlement Agreement by Plaintiff Equal Employment Opportunity Commission, Counter Defendant Equal Employment Opportunity Commission. (Attachments: # 1Exhibit A# 2 Exhibit C# 3 Exhibit D)(Randall, Jennifer) (Modified on 7/3/2007 to edit entry)(pap2, ). (Entered: 07/02/2007)
77 SEALED DOCUMENT by Plaintiff Equal Employment Opportunity Commission, Counter Defendant Equal Employment Opportunity Commission. (Randall, Jennifer) (Entered: 07/02/2007)
78 SEALED DOCUMENT by Plaintiff Equal Employment Opportunity Commission, Counter Defendant Equal Employment Opportunity Commission. (Randall, Jennifer) (Entered: 07/02/2007)
79 Unopposed MOTION to Seal Document by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order (PDF Only))(Randall, Jennifer) (Entered: 07/02/2007)
80 Exhibits B−1 and B−2 in Support of 76 MOTION to Enforce Settlement Agreement by Plaintiff Equal Employment Opportunity Commission. (Public Entry for SEALED DOCUMENTS 77 and 78 filed 7/2/07 − Text Only Entry − No Document Attached) (pap, ) (Entered: 07/03/2007)
81 MINUTE ORDER Denying 74 Plaintiff EEOC's Unopposed MOTION For Extension of Time to to Complete Discovery and Request for Expedited Hearing. Entered by Magistrate Judge Michael E. Hegarty on 7/5/07.(pap, ) (Entered: 07/05/2007)
82 MEMORANDUM regarding 79 Unopposed MOTION to Seal Document filed by Equal Employment Opportunity Commission. Motions referred to Magistrate Judge Michael E. Hegarty by Chief Judge Edward W. Nottingham on 7/5/07. (Text Only Entry − No Document Attached)(pap2, ) (Entered: 07/05/2007)
83 MEMORANDUM regarding 76 MOTION to Enforce Settlement Agreement filed by Equal Employment Opportunity Commission. Motion referred to Magistrate Judge Michael E. Hegarty by Chief Judge Edward W. Nottingham on 7/5/07. (Text Only Entry − No Document Attached)(pap2, ) (Entered: 07/05/2007)
84 MINUTE ORDER Granting 79 EEOC's Motion to Seal Document re: 80 Exhibits. Entered by Magistrate Judge Michael E. Hegarty on 7/6/07.(pap, ) (Entered: 07/06/2007)
85 MINUTE ORDER Setting Evidentiary Hearing on Motion 76 MOTION to Enforce Settlement Agreement : Motion Hearing set for 7/11/2007 10:00 AM in Courtroom C203 before Magistrate Judge Michael E. Hegarty. Any response by Defendant is due by Noon 7/10/07. Entered by Judge Michael E. Hegarty on 7/6/07. (pap, ) (Entered: 07/06/2007)
86 MINUTE ORDER granting 71 Motion for Extension of Time to File Motion to Enforce Settlement Agreement. Entered by Chief Judge Edward W. Nottingham on 7/9/07. (Text Only Entry − No Document Attached)(ewnsec, ) (Entered: 07/09/2007)
87 MEMORANDUM regarding 70 Unopposed MOTION for Extension of Time to File Response/Reply as to 52 MOTION for Summary Judgment Pursuant to Rule 56(f) filed by Equal Employment Opportunity Commission. Motion referred to Magistrate Judge Michael E. Hegarty. Entered by Chief Judge Edward W. Nottingham on 7/9/07. (Text Only Entry − No Document Attached)(ewnsec, ) (Entered: 07/09/2007)
88 NOTICE of Entry of Appearance by Sally C. Shanley on behalf of Equal Employment Opportunity Commission (Shanley, Sally) (Entered: 07/10/2007)
89 MOTION for Extension of Time to File Response/Reply to Plaintiff's Motion to Enforce Settlement by Defendant Moreland Auto Group, LLP. (Nemechek, Timothy) (Entered: 07/10/2007)

Case: 1:06-cv-1903 As of: 06/03/2017 12:23 PM MDT 10 of 15

07/10/2007 07/10/2007
07/10/2007 07/10/2007 07/10/2007 07/10/2007 07/10/2007 07/11/2007
07/12/2007 07/13/2007 07/13/2007 07/13/2007 07/17/2007 07/24/2007
07/25/2007

90 Proposed MOTION for Order to for Extension of Time by Defendant Moreland Auto Group, LLP. (Nemechek, Timothy) (Entered: 07/10/2007)
91 MEMORANDUM regarding 89 MOTION for Extension of Time to File Response/Reply to Plaintiff's Motion to Enforce Settlement filed by Moreland Auto Group, LLP. Motion referred to Magistrate Judge Michael E. Hegarty. Entered by Chief Judge Edward W. Nottingham on 7/10/07. (Text Only Entry − No Document Attached)(ewnsec, ) (Entered: 07/10/2007)
92 Docket Annotation re: 90 Proposed MOTION for Order for Extension of Time. "Motion" terminated as pdf attached is actually a proposed order. Text only entry − no document attached. (pap2, ) (Entered: 07/10/2007)
93 MINUTE ORDER Granting 89 Defendants' Motion for Extension of Time to File Response to 76 MOTION to Enforce Settlement Agreement. Defendants' response is due by 5:00 p.m. 7/10/07. Entered by Magistrate Judge Michael E. Hegarty on 7/10/07.(pap, ) (Entered: 07/10/2007)
94 OBJECTIONS to Request that Counsel for Defendants Testify at Evidentiary Hearing by Defendant Moreland Auto Group, LLP. (Nemechek, Timothy) (Entered: 07/10/2007)
95 BRIEF re 94 Objections in Response to Defendants' Objection by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A)(Shanley, Sally) (Entered: 07/10/2007)
96 RESPONSE to Motion re 76 MOTION to Enforce Settlement Agreement filed by Defendant Moreland Auto Group, LLP. (Attachments: # 1 Exhibit 1 and 2)(Nemechek, Timothy) (Entered: 07/10/2007)
97 Minute Entry/Minute Order for proceedings held before Judge Michael E. Hegarty : Motion Hearing held on 7/11/2007. Court refers 76 Plaintiff's Motion to Enforce Settlement Agreement to Chief Judge Nottingham for determination on which Judge/Magistrate Judge will hear argument. (Court Reporter FTR− Cathy Coomes.) (pap, ) (Entered: 07/11/2007)
98 MINUTE ORDER Granting in part and Denying in part 70 Motion for Extension of Time to File Response to 52 MOTION for Summary Judgment Pursuant to Rule 56(f). Entered by Magistrate Judge Michael E. Hegarty on 7/12/07.(pap, ) (Entered: 07/12/2007)
99 REPLY to Response to Motion re 76 MOTION to Enforce Settlement Agreement filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit E)(Randall, Jennifer) (Entered: 07/13/2007)
100 MEMORANDUM. Pursuant to direction of Chief Judge Nottingham a magistrate judge, other than Magistrate Judge Hegarty, is to be drawn at random solely for the purpose of ruling on the Motion to Enforce Settlement. (gms, ) (Entered: 07/13/2007)
101 LETTER Case ramdomly assigned to Magistrate Judge Craig B Shaffer for the sole purpose of ruling on the Motion to Enforce Settlement. (gms, ) (Entered: 07/13/2007)
102 MINUTE ORDER Telephone Status Conference set for 7/24/2007 08:15 AM before Magistrate Judge Craig B Shaffer re: 76 MOTION to Enforce Settlement Agreement, by Magistrate Judge Craig B Shaffer on 7/17/07. (gms, ) (Entered: 07/17/2007)
103 Courtroom Minutes/Minute Order for proceedings held before Magistrate Judge Craig B Shaffer: Telephonic Status Conference held on 7/24/2007: Evidentiary Hearing on the Motion to Enforce Settlement Agreement set for 8/29/2007 at 10:00 a.m. in Courtroom A 402 before Magistrate Judge Craig B Shaffer. (Court Reporter FTR − Ben Van Dyke) (cbscd) (Entered: 07/24/2007)
104 Unopposed MOTION to Seal Document by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order (PDF Only))(Randall, Jennifer) (Entered: 07/25/2007)

Case: 1:06-cv-1903 As of: 06/03/2017 12:23 PM MDT 11 of 15

07/25/2007 07/25/2007 07/26/2007 07/31/2007
08/02/2007 08/02/2007
08/06/2007 08/20/2007 08/31/2007 09/04/2007 09/06/2007 10/09/2007 10/09/2007

105 SEALED DOCUMENT by Plaintiff Equal Employment Opportunity Commission. (Randall, Jennifer) (Entered: 07/25/2007)
106 Supplement to Exhibit B−1 (Draft Settlement Agreement) to 76 EEOC's Motion to Enforce Settlement Agreement by Plaintiff Equal Employment Opportunity Commission. (Public Entry for SEALED DOCUMENT 105 filed 7/25/07 − Text Only Entry − No Document Attached). (pap2, ) (Modified on 7/26/2007 to clarify sealed document) (pap2, ). (Entered: 07/26/2007)
107 Docket Annotation re: 106 Supplement to Exhibit B−1, entry modified to clarify sealed document. Text only entry − no document attached. (pap2, ) (Entered: 07/26/2007)
108 TRANSCRIPT of Motions Hearing held on 7−11−07 before Magistrate Judge Hegarty. Pages: 1−15. Per statute, copies of transcripts are available for inspection in the clerk's office. Parties interested in a copy may contact the court reporter or, in the case of a transcript prepared from a digital−audio taped record, the courtroom deputy for the judicial officer. (Avery Woods Reporting, ) (Entered: 07/31/2007)
109 MINUTE ORDER granting 104 Motion to Seal Document. Entered by Chief Judge Edward W. Nottingham on 8/2/07. (Text Only Entry − No Document Attached)(ewnsec, ) (Entered: 08/02/2007)
110 REASSIGNING MAGISTRATE JUDGE. Upon the retirement of Magistrate Judge Patricia A. Coan, this case has been reassigned and is now referred to Kristen L. Mix effective August 6, 2007. All future pleadings should reference Magistrate Judge Mix at the end of the civil action number (such as 05−cv−00500−LTB−KLM). Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained and will now be handled by Magistrate Judge Mix in Courtroom A501. Her chambers are located in Room A542. Her telephone number is 303−844−4892. (Text only entry − no document attached) (gms, ) (Entered: 08/02/2007)
111 MINUTE ORDER Setting Evidentiary Hearing on Motion 76 MOTION to Enforce Settlement Agreement : Evidentiary Hearing set for 9/11/2007 09:30 AM in Courtroom A 501 before Magistrate Judge Kristen L. Mix.Entered by Magistrate Judge Kristen L. Mix on 8/6/07. (pap, ) (Entered: 08/06/2007)
112 STIPULATION of Dismissal of Party Georgene Wayne and Nancy Castanon by Defendant Moreland Auto Group, LLP. (Attachments: # 1 Proposed Order (PDF Only) of Dismissal with Prejudice)(Nemechek, Timothy) (Entered: 08/20/2007)
113 Unopposed MOTION to Reschedule Hearing re 111 Order Setting Hearing on Motion, by Defendant Moreland Auto Group, LLP. (Attachments: # 1 Proposed Order (PDF Only))(Nemechek, Timothy) (Modified on 9/4/2007 to clarify entry)(pap2, ). (Entered: 08/31/2007)
114 MEMORANDUM regarding 113 MOTION to Reset filed by Moreland Auto Group, LLP. Motion referred to Magistrate Judge Kristen L. Mix. Entered by Chief Judge Edward W. Nottingham on 9/4/07. (Text Only Entry − No Document Attached)(ewnsec, ) (Entered: 09/04/2007)
115 MINUTE ORDER re: 113 Defendants' Unopposed Motion to Reschedule Hearing 9/11/07.Evidentiary Hearing is VACATED and RESET for 10/25/2007 01:30 PM in Courtroom A 501 before Magistrate Judge Kristen L. Mix.Entered by Magistrate Judge Kristen L. Mix on 9/6/07.(pap, ) (Entered: 09/06/2007)
116 Stipulated MOTION to Dismiss Party With Prejudice by Counter Claimants Moreland Auto Group, LLP, Moreland Auto Group, LLP, Defendant Moreland Auto Group, LLP. (Attachments: # 1 Proposed Order (PDF Only))(Nemechek, Timothy) (Entered: 10/09/2007)
117 ORDER Granting 116 Motion to Dismiss Party: The Complaint−in−Intervention be dismissed with prejudice; Party Intervenor Plaintiffs/Counterclaim Defendants Nancy Castanon and Georgene Wayne and Counterclaimant Moreland Auto Group, LLP are Terminated. Signed by Judge Edward W. Nottingham on 10/9/07.(pap, ) (Entered: 10/09/2007)

Case: 1:06-cv-1903 As of: 06/03/2017 12:23 PM MDT 12 of 15

10/25/2007
10/25/2007 11/02/2007 11/20/2007 12/03/2007
12/06/2007
12/07/2007 12/07/2007
01/23/2008 01/23/2008 01/24/2008 01/24/2008 01/28/2008 01/29/2008

118 Minute Entry for proceedings held before Magistrate Judge Kristen L. Mix: Evidentiary Hearing held on 10/25/2007. Plaintiff's Oral Motion for Exclusion denied, Defendant's Oral Motion for A Directed Order of Judgment denied, 76 Motion to Enforce taken under advisement. (Court Reporter FTR − Ellen Miller.) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit A, # 8 Exhibit B, # 9 Exhibit List, # 10 Witness List) (sss, ) (Entered: 10/30/2007)
119 Stipulation and ORDER regarding custody of exhibits and depositions. Signed by Magistrate Judge Kristen L. Mix on 10/25/07. (sss, ) (Entered: 10/30/2007)
120 MINUTE ORDER finding as moot 60 Motion to Stay Action. Entered by Chief Judge Edward W. Nottingham on 11/2/07. (Text Only Entry − No Document Attached)(ewnsec, ) (Entered: 11/02/2007)
121 RECOMMENDATION that the 76 MOTION to Enforce Settlement Agreement filed by Equal Employment Opportunity Commission be denied. Signed by Magistrate Judge Kristen L. Mix on 11/20/07. (sss, ) (Entered: 11/21/2007)
122 TRANSCRIPT of Evidentiary Hearing held on 10−25−07 before Magistrate Judge Mix. Pages: 1−200. Per statute, copies of transcripts are available for inspection in the clerk's office. Parties interested in a copy may contact the court reporter or, in the case of a transcript prepared from a digital−audio taped record, the courtroom deputy for the judicial officer. (Avery Woods Reporting, ) (Entered: 12/03/2007)
123 APPEAL OF MAGISTRATE JUDGE DECISION to District Court re 76 Motion to Enforce, 121 Report and Recommendations Pursuant to Fed. R. Civ. P. 72(b) by Plaintiff Equal Employment Opportunity Commission (Attachments: # 1 Hearing Testimony, # 2 Kidman unpublished opinion, # 3 Proposed Order (PDF Only))(Randall, Jennifer) (Entered: 12/06/2007)
124 Docket Annotation: 123 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Plaintiff Equal Employment Opportunity Commission. Document to be refiled using OBJECT TO REPORT AND RECOMMENDATION event. Text only entry − no document attached (sss, ) (Entered: 12/07/2007)
125 OBJECTION to 121 Report and Recommendations Pursuant to Fed. R. Civ. P. 72(b) re−filed per clerk's office by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Evidentiary Hearing Testimony, # 2 Kidman unpublished opinion, # 3 Proposed Order (PDF Only))(Randall, Jennifer) (Entered: 12/07/2007)
126 MINUTE ORDER: A Status Conference is set for 1/29/2008 from 2:30 PM to 3:00 PM in Courtroom A201 before Chief Judge Edward W. Nottingham. Entered by Chief Judge Edward W. Nottingham on 1/23/08. (Text Only Entry − No Document Attached)(ewnsec, ) (Entered: 01/23/2008)
127 MINUTE ORDER: Settlement Conference set for 2/7/2008 01:30 PM in Courtroom A 501 before Magistrate Judge Kristen L. Mix, by Magistrate Judge Kristen L. Mix on 1/23/08. (Attachments: # 1 Attachment − Settlement Statements Instructions)(sss, ) (Entered: 01/23/2008)
128 Unopposed MOTION for Leave to Appear Telephonically by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order (PDF Only))(Shanley, Sally) (Entered: 01/24/2008)
129 MINUTE ORDER denying 128 Plaintiff's Motion for Leave for One Attorney to Participate in the 1/29/2008 Status Hearing by Phone.Entered by Chief Judge Edward W. Nottingham on 1/24/08. (Text Only Entry − No Document Attached)(ewnsec, ) (Entered: 01/24/2008)
130 NOTICE of Entry of Appearance by Lynn L. Palma on behalf of Equal Employment Opportunity Commission (Palma, Lynn) (Entered: 01/28/2008)
133 Minute Entry for Status Conference held on 1/29/2008 before Chief Judge Edward W. Nottingham. ORDERED: Defendant's 52 Motion for Summary Judgment is DENIED; Plaintiff's 76 Motion to Enforce Settlement Agreement is DENIED; 121 Recommendation of United States Magistrate Judge is ACCEPTED. (Court

Case: 1:06-cv-1903 As of: 06/03/2017 12:23 PM MDT 13 of 15

01/29/2008 01/30/2008 01/30/2008 01/31/2008 02/06/2008 02/07/2008 02/12/2008 03/05/2008 03/12/2008 03/13/2008
03/13/2008 03/13/2008 03/17/2008 03/18/2008
03/18/2008

Reporter: Therese Lindblom) (ewncd) (Entered: 01/30/2008)
134 Utility Setting/Resetting Deadlines/Hearings: Per courtroom minutes of 1/29/08, 4−day Jury Trial set for 4/21/2008 09:00 AM before Chief Judge Edward W. Nottingham. Text only entry − no document attached. (sss, ) (Entered: 01/31/2008)
131 Unopposed MOTION to Withdraw as Attorney (Jennifer Randall) by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order (PDF Only))(Randall, Jennifer) (Entered: 01/30/2008)
132 MINUTE ORDER granting 131 Motion to Withdraw as Attorney. Attorney Jennifer Ann Randall terminated. Entered by Chief Judge Edward W. Nottingham on 1/30/08. (Text Only Entry − No Document Attached)(ewnsec, ) (Entered: 01/30/2008)
135 ORDER: Final Pretrial Conference set for 3/21/2008 10:45 AM in Courtroom A 201 before Chief Judge Edward W. Nottingham. Signed by Chief Judge Edward W. Nottingham on 1/31/08. (sss, ) (Entered: 01/31/2008)
136 MOTION to Withdraw as Attorney for EEOC of Lynn L. Palma by Plaintiff Equal Employment Opportunity Commission. (Palma, Lynn) (Entered: 02/06/2008)
137 Minute Entry for proceedings held before Magistrate Judge Kristen L. Mix: Settlement Conference held on 2/7/2008. No Settlement reached. (klmcd ) (Entered: 02/07/2008)
138 MINUTE ORDER granting 136 Motion to Withdraw as Attorney. Attorney Lynn L. Palma terminated. Entered by Chief Judge Edward W. Nottingham on 2/12/08. (Text Only Entry − No Document Attached)(ewnsec, ) (Entered: 02/12/2008)
139 MINUTE ORDER: Settlement Conference set for 3/19/2008 03:30 PM in Courtroom A 501 before Magistrate Judge Kristen L. Mix, by Magistrate Judge Kristen L. Mix on 3/5/08. (sss, ) (Entered: 03/05/2008)
140 Joint MOTION For Extension of Time to File Final Pretrial Order by Defendant Moreland Auto Group, LLP. (Attachments: # 1 Proposed Order (PDF Only) Order Re Unopposed Motion for Extension of Time)(Nemechek, Timothy) (Entered: 03/12/2008)
141 MINUTE ORDER granting 140 Motion for Extension of Time to Submit the proposed Final Pretrial Order. The parties shall file the proposed Final Pretrial Order no later than March 17, 2008. Entered by Chief Judge Edward W. Nottingham on 03/13/08. (Text Only Entry − No Document Attached)(ewnsec, ) (Entered: 03/13/2008)
142 NOTICE of Entry of Appearance by Michelle Renee Magruder on behalf of Moreland Auto Group, LLP (Magruder, Michelle) (Entered: 03/13/2008)
143 Utility Setting/Resetting Deadlines/Hearings: Pursuant to minute order of 3/13/08, Proposed Final Pretrial Order due by 3/17/2008. Text only entry − no document attached. (sss, ) (Entered: 03/14/2008)
144 Joint MOTION For Extension of Time to Submit the Final Pretrial Order by Defendant Moreland Auto Group, LLP. (Attachments: # 1 Proposed Order (PDF Only) Re Joint Motion for Extension of Time to File Pretrial Order)(Nemechek, Timothy) (Entered: 03/17/2008)
145 MOTION for Sanctions Pursuant to Fed.R.Civ.P. 37(d) by Plaintiff Equal Employment Opportunity Commission. (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 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Deposition Excerpts 30b6−Henry)(Kittle, Rita) (Entered: 03/18/2008)
146 MEMORANDUM regarding 145 MOTION for Sanctions Pursuant to Fed.R.Civ.P. 37(d) filed by Equal Employment Opportunity Commission. Motion referred to Magistrate Judge Kristen L. Mix. Entered by Chief Judge Edward W. Nottingham on 3/18/08. (Text Only Entry − No Document Attached)(ewnsec, ) Modified on 3/19/2008 to remove system−generated duplicate text (sss, ). (Entered: 03/18/2008)

Case: 1:06-cv-1903 As of: 06/03/2017 12:23 PM MDT 14 of 15

03/18/2008 03/19/2008
03/19/2008 03/19/2008 03/19/2008 03/21/2008 03/21/2008 03/21/2008 03/21/2008 03/24/2008 04/15/2008 04/16/2008
04/17/2008 04/29/2008 04/30/2008 04/30/2008

147 MINUTE ORDER: Defendants shall respond to Plaintiff's 145 MOTION for Sanctions on or before 3/25/08, by Magistrate Judge Kristen L. Mix on 3/18/08. (sss, ) (Entered: 03/18/2008)
148 Proposed Pretrial Order (Final) by Defendant Moreland Auto Group, LLP. (Attachments: # 1 Continuation of Main Document EEOC witness list, # 2 Continuation of Main Document Defendants' witness list, # 3 Continuation of Main Document EEOC Exhibit list, # 4 Continuation of Main Document Defendants' Exhibit list)(Nemechek, Timothy) (Entered: 03/19/2008)
149 Docket Annotation re: 146 Memorandum of Referral. Docket entry modified to remove system−generated duplicate text. Text only entry − no document attached (sss, ) (Entered: 03/19/2008)
150 MINUTE ORDER granting 144 Motion for Extension of Time. The parties shall file their final pretrial order no later than 3/18/2008. Entered by Chief Judge Edward W. Nottingham on 3/19/08. (Text Only Entry − No Document Attached)(ewnsec, ) (Entered: 03/19/2008)
153 Minute Entry for proceedings held before Magistrate Judge Kristen L. Mix: Settlement Conference held on 3/19/2008. Settlement was reached, a record was made, settlement conference was concluded. (sss, ) (Entered: 03/21/2008)
151 NOTICE of Entry of Appearance by David Andrew Winston on behalf of Equal Employment Opportunity Commission (Winston, David) (Entered: 03/21/2008)
152 Minute Entry − Courtroom Minutes for Final Pretrial Conference held before Chief Judge Edward W. Nottingham on 3/21/2008. Counsel state that the case has been settled. ORDERED: By April 15, 2008, counsel shall file something disposing of the case. (Court Reporter Therese Lindblom) (lbush) (Entered: 03/21/2008)
154 MINUTE ORDER denying as moot Plaintiff EEOC's 145 Motion for Sanctions Pursuant to Fed. R. Civ. P. 37(d) for Failure to Appear at Rule 30(b)(6) Deposition, by Magistrate Judge Kristen L. Mix on 3/21/08.(sss, ) Modified on 3/24/2008 to add "minute" to docket title (sss, ). (Entered: 03/21/2008)
155 Utility Setting/Resetting Deadlines/Hearings: Pursuant to Courtroom Minutes of 3/21/08, Dismissal Paper due by 4/15/2008. Text only entry − no document attached. (sss, ) (Entered: 03/24/2008)
156 Docket Annotation re: 154 Order. Docket modified to add "minute" to docket title. Text only entry − no document attached. (sss, ) (Entered: 03/24/2008)
157 Joint MOTION For Extension of Time to File Stipulated Motion to Dismiss and Related Documents by Defendant Moreland Auto Group, LLP. (Attachments: # 1 Proposed Order (PDF Only) Proposed Order on Joint Motion for Extension of Time)(Nemechek, Timothy) (Entered: 04/15/2008)
158 MINUTE ORDER granting 157 Motion for Extension of Time to File Stipulated Motion to Dismiss and Other Related Pleadings. The parties shall file settlement documents no later than 4/29/2008. The four−day trial set for 4/21/2008 is VACATED. Entered by Chief Judge Edward W. Nottingham on 4/16/08. (Text Only Entry − No Document Attached)(ewnsec, ) (Entered: 04/16/2008)
159 NOTICE of Change of Address by Rita Byrnes Kittle (Kittle, Rita) (Entered: 04/17/2008)
160 MOTION For Extension of Time to File Stipulated Motion to Dismiss by Defendant Moreland Auto Group, LLP. (Attachments: # 1 Proposed Order (PDF Only) Proposed Order)(Nemechek, Timothy) (Entered: 04/29/2008)
161 MINUTE ORDER granting 160 Motion for Extension of Time to File Stipulated Motion to Dismiss. The parties shall file their stipulated motion to dismiss no later than 5/2/2008. Entered by Chief Judge Edward W. Nottingham on 4/30/08. (Text Only Entry − No Document Attached)(ewnsec, ) (Entered: 04/30/2008)
162 Utility Setting/Resetting Deadlines/Hearings: Pursuant to minute order of 4/30/2008, Dismissal Paper due by 5/2/2008. Text only entry − no document attached. (sss, ) (Entered: 05/01/2008)

Case: 1:06-cv-1903 As of: 06/03/2017 12:23 PM MDT 15 of 15

05/13/2008 05/21/2008 07/15/2008 07/18/2008
07/23/2008 07/29/2008 08/12/2008 08/22/2008 08/22/2008

164 Minute Entry for proceedings held before Magistrate Judge Kristen L. Mix: Settlement Conference held on 5/13/2008. No settlement reached; no record made; conference concluded. (klmcd ) (Entered: 05/22/2008)
163 MINUTE ORDER: Parties shall file a Stipulation to Dismiss on or before 6/3/2008, by Magistrate Judge Kristen L. Mix on 5/21/2008. (sss, ) (Entered: 05/21/2008)
165 MINUTE ORDER: Status Conference set for 7/18/2008 09:00 AM in Courtroom C204 before Magistrate Judge Kristen L. Mix, by Magistrate Judge Kristen L. Mix on 7/15/2008. (sss, ) (Entered: 07/15/2008)
166 Minute Entry for proceedings held before Magistrate Judge Kristen L. Mix: Status Conference/Settlement Conference held on 7/18/2008. ORDERED: Final Settlement Conference set for 7/23/2008 03:30 PM before Magistrate Judge Kristen L. Mix. Deadline to complete all outstanding discovery is 8/30/2008. (Court Reporter FTR − K. Finney.) (sss, ) (Entered: 07/18/2008)
167 Minute Entry for proceedings held before Magistrate Judge Kristen L. Mix: Settlement Conference held on 7/23/2008. No settlement was reached, no record was made, settlement conference was concluded. (sss, ) (Entered: 07/25/2008)
168 ORDER: Final Pretrial Conference set for 8/29/2008 11:00 AM in Courtroom A 201 before Chief Judge Edward W. Nottingham. Signed by Chief Judge Edward W. Nottingham on 7/29/08. (pap, ) (Entered: 07/29/2008)
169 Joint MOTION to Approve Settlement Agreement and Stipulation for Dismissal with Prejudice by Plaintiff Equal Employment Opportunity Commission, Defendant Moreland Auto Group, LLP. (Attachments: # 1 Appendix Settlement Agreement)(Kittle, Rita) (Entered: 08/12/2008)
170 Settlement Agreement (ORDER). The terms of the agreement set forth is 3 years. Each party to pay its own costs and attorneys fees. Signed by Chief Judge Edward W. Nottingham on 8/22/08. (gmssl, ) (Entered: 08/22/2008)
171 ORDER of Dismissal With Prejudice Re: Joint 169 Motion to Approve Settlement Agreement and Stipulation for Dismissal with Prejudice. This action is dismissed with prejudice, each party to pay their own costs and attorneys' fees herein expended. Signed by Chief Judge Edward W. Nottingham on 8/22/08.(gmssl, ) (Entered: 08/22/2008)