1 C. EMANUEL SMITH MARY Jo O'NEILL #005924
2 P. DAVlD LOPEZ KATHERINE 1. KRUSE #019167
3 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
PHOENIX DISTRICT OFFICE
4 3300 NORTH CENTRAL AVENUE, SUlTE690
PHOENIX, ARIZONA 85012~9688
5 TELEPHONE: (602) 640-5020

6 Attorneys for Plaintiff

7

8

9

IN THE UNlTED STATES DISTRICT COURT

10 11

1""'1 5 tHe '01 , FOR THE DISTRICT OCF\A~RIZONA

~ PlJ\f
L UJ\ ...

12 EQUAL ElvlPLOYMENT OPPORTIJNITY
C01v:Th1ISSION,
13 Plaintiff,
14
v.
15

COMPLAINT AND
JURy TRIAL DEMAND

16 17

_C_O_A_ST_E_NE_R_G_Y__DMeA_fNeAn_dGa_En_tM. E_N_T_'

l).)

18

NATURE OF THE ACTION

19

1. This is an action pursuant to Title VII of the Civil Rights Act of 1964, 42

20 U.S.C. § 2000e et ~ as amended by 42 U.S.C. § 1981a, to correct and provide adequate

21 relief for unlawful sex discrimination directed toward Martha Alvarez Rodriguez, Laura

22 Monje, Agnes Spencer, and Elizabeth Teran, and·a class of female employees, as well as

23 retaliation directed toward Ms. Alvarez Rodriguez.

24

2. Ms. Alvarez Rodriguez, Ms. Monje, Ms. Spencer, Ms. Teran, and other female

25 employe,es of Defendant, Coast Energy Management, Incorporated, were subjected to,

26 unlawful sexual harassment that altered the tenus and conditions oftheir employment and

27 created a hostile work environment. As a result ofthe sexual harassment, the conditions of

28 the employment ofMs. Spencer and other female employees were made so intolerable tba~

.

~\ I )

__.

...• _----

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______._'0_ .~ _ _ _ _

1 they were forced to resign from their respective positions. In addition, Ms. Alvarez

2 Rodriguez was retaliated against when she opposed the harassment.

3

JURISDICTION AND VENUE

4

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

5 1343 and 1345. This action is authorized and instituted pursuant to sections 706(f)(1) and

6 (3) ofTitle VII ofthe Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(I), (3)

7 and Section 102 of the Civil Rights Act of 1991,42 U.S.C. §1981a.

8

4. The employment practices alleged to be unlawful were committed within the

9 jurisdiction ofthe United States District Court for the District of Arizona.

10

PARTIES

11

5. Plaintiff, Equal Employment Opportunity Commission (the "Cormnissionlt),

12 is the agency ofthe United States ofAmerica charged with the administration, interpretation

13 and enforcement of Title VII and is expressly authorized to bring this action by sections

14 706(£)(1) and (3) and 707 of Title VII, 42 U.S.C. §§ 2000e-5(f)(1), (3), 2000e-6.

15

6. At all relevant times, Defendant, Coast Energy Management, Incorporated,

16 ("CEM"), has continuously been an Arizona corporation doing business in the State of

17 Arizona, and has continuously had at least fifteen employees.

18

7. At all relevant times, CEM has continuously been an employer engaged in an

19 industry affecting commerce within the meaning ofsection 701 (b), (g) and (h) ofTitle VII,

20 42 U.S.C. §§ 2000e(b), (g) and (h).

21

STATEMENT OF CLAIMS

22

8. More than thirty days prior to the institution ofthis lawsuit, Martha Alvarez

23 Rodriguez, Laura Monje, Agnes Spencer, and Elizabeth Teran filed charges with the

24 Commission alleging violations ofTitle VII by Defendants. All conditions precedent to the

25 institution ofthis lawsuit have been fulfilled.

26

First Claim: Sexual Harassment

27

9. Since at least February 22, 1997, CEM, acting through a high-level male

28
2

---------~-----------------------

1 management official, has engaged in unlawful employment practices at its manufacturing

2 facility in Chandler, Arizona, in violation ofsection 703(a) ofTitle VII, 42 U.S.C. § 2000e-
3 2(a), by subjecting Ms. Alvarez Rodriguez, Ms. Monje, Ms. Spencer, Ms. Teran and a class

4 of female employees to sexual harassment that altered their tenus and conditions of

5 employment and created a hostile work environment.

6

10. The unlawful sexual harassment was partially physical in nature.

7

11. The physical sexual harassment included, but was not limited to, the following

8

acts by the high-level male management official:

9

(a) pulling female employees into his lap and holding them down so they

10

could not get up;

11

(b) touching female employees' breasts, or staring at their breasts;

12

(c) putting his hands up the skirts offemale employees, or attempting to

13

do so;

14

Cd) kissing female employees, or trying to kiss them;

15

(e) grabbing female employees and holding them in tight squeezes;

16

(f) slapping female employees on the rear end, or grabbing their rear end;

17

(g) grabbing female employees by the shoulders;

18

(h) attempting to put his hands inside female employees' shirts.

19

12" The unlawful sexual harassment was partially verbal in nature.

20

13. The verbal sexual harassment included, but was not limited to, the following

21

remarks by the high-level male management official:

22

(a) "give me your ass and you can leave early";

23

(b) requests to be kissed.

24

14. Although CEM had notice ofsexual harassment, it failed to exercise reasonable

25 care to prevent and/or correct promptly any sexually harassing behavior.

26

Second Claim: Constructive Discharge

27

15. The unlawful employment practices described above caused Ms. Spencer and

28
3

1 other female employees to be constructively discharged in violation of section 703(a) of

2 Title VII, 42 U.S.C. § 2000e-2(a).

3

Third Claim: Retaliation

4

16. In February, 1999, CEM engaged in unlawful retaliatory practices in violation

5 of section 704(a) of Title VII, 42 U.S.C. § 2000e-3(a), by terminating Ms. Alvarez

6 Rodriguez for complaining to the high-level male management official about his unlawful

7 sexual harassment.

8

17. The effect of the practices complained of in paragraphs 9-16 above has been

9 to deprive Ms. Alvarez Rodriguez, Ms. Monje, Ms. Spencer, Ms. Teran and a class offemale

10 employees of equal employment opportunities and otherwise adversely affect their status as

11 employees because oftheir sex.

12

Allegations Pertaining to Punitive Damages

13

18. The unlawful employment practices described above were intentional.

14

19. The unlawful employment practices described above were done with malice

15 or with reckless indifference to the federally protected rights ofMs. Alvarez Rodriguez, Ms.

16 Monje, 1\I1s. Spencer, Ms. Teran and a class of female employees.

17

PRAYER FOR RELIEF

18

WHEREFORE, the Commission respectfully requests that this Court:

19

A. G~ant a permanent injunction enjoining CEM and all officers, successors,

20 assigns, and all persons in active concert or participation with CEM from engaging in any

21 employment practice which discriminates on the basis of sex or constitute retaliation.

22

B. Order CEM to institute and carry out policies, practices and programs which

23 provide f~qual employment opportunities for women and those who oppose unlawful

24 employment discrimination, and which eradicate the effects ofits past and present unlawful

25 employment practices.

26

C. Order CEM to make whole Ms. Alvarez Rodriguez, Ms. Monje, Ms. Spencer,

27 Ms. Teran and a class of female employees by providing appropriate back pay with

28
4

1 prejudgment interest, in amounts to be proven at trial, and other affinnative reliefnecessary

2 to eradica.te the effects ofCEM's unlawful employment practices including, but not limited

3 to, their rightful place reinstatement or front pay.

4

D. Order CEM to make whole Ms. Alvarez Rodriguez, Ms. Monje, Ms. Spencer,

5 Ms. Teran and a class of female employees by providing compensation for past and future

6 pecuniary losses resulting from the unlawful employment practices described above,

7 including but not limited to costs incurred for obtaining medical treatment and subsequent

8 employment, in amounts to be detennined at trial.

9

E. Order CEM to make whole Ms. Alvarez Rodriguez, Ms. Monje, Ms. Spencer, Ms.

10 Teran and a class offemale employees by providing compensation for past and future non-

11 pecuniary losses resulting from the unlawful practices complained of above, including

12 emotionall pain, suffering, loss of enjoyment of life, and humiliation in amounts to be

13 detennined at trial.

14

F. Order CEM to pay Ms. Alvarez Rodriguez, Ms. Monje, Ms. Spencer, Ms.

15 Teran and a class of female employees punitive damages for its malicious and/or reckless

16 conduct, in amounts to be detennined at trial.

17

G. Grant such further reliefas the Court deems necessary and proper in the public

18 interest.

19

H. Award the Commission its costs of this action.

20

JURY TRIAL DEMAND

21

The Commission requests a jury trial on all questions of fact raised by its complaint.

22

DATED this 20th day of July, 2001.

23

Respectfully submitted,

24

GWENDOLYN YOUNG REAMS

Acting Deputy General Counsel

25

EQUAL EMPLOYMENTOPPORTUNlTY

26

COMlvlISSION

1801 L Street, N.W.

27

Washington, D.C. 20507

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8 9 10 11 12 13
14 15
16 17 18 19 20 21
22
23
24 25 26 27
28

C. EMANUEL S:MITH Acting Regional Attorney

& 1)avid.
p. DAVID LOPEZ

~

cC= cs=s-

Senior Trial Attorney

-~~uJJQ-
KATHERINE J. KRUSE" Trial Attorney

EQUAL ENIPLOYMENTOPPORTUNITY COMMISSION Phoenix District Office 3300 N. Central Ave., Suite 690 Phoenix, Arizona 85012 (602) 640-5020
Attorneys for Plaintiff

6

 
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i

--LFILED

_LODGE[

RECEIVED

COPY

1

NOT FOR PUBLICATION

FEB 2 3 2005
2

CLERK U S DISTRICT COURT J

3

DISTRICT OF ARIZONA

BY~. J;:.(S

DEPU1rY

4

5

6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRlCT OF ARIZONA

8

9 Equal Employment Opportunity) No. CV01-1352-PHX-SRB

Commission, 10
Plaintiff, 11

l FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER

VS.

12

13 Coast Energy Management, Inc., et al.

14

Defendants.

15 -----------~.

16
ISSUE PRESENTED 17
The sale issue remaining to be decided in this case is whether Defendant DGB 18
Technologies, Inc. (DGB) has successor liability under the Consent Decree entered 19
September 22,2004, establishing the liability ofDefendant Coast Energy Management, Inc. 20
(CEM) for $225,000.00 to be paid to certain fonner employees of CEM. That Consent 21
Decree, to which DGB was a party, specifically provided that if CEM andlor its principal 22
Daniel Bach failed to timely pay the $225,000.00 judgment, trial would ensue on the issue 23"
ofwhether DGC was liable as a successor to CEM for this judgment. CEM and Bach failed 24
to timely pay the judgment and a bench trial on the issue of successor liability was held on 25
September 29 and October 1,2004.
26

27

28

1

2

FINDINGS OF FACT

3 1. CEM was incorporated in 1993 by Daniel Bach and Lee Eslick. Its business was
4 the,manufacturing and distribution ofenergy-saving devices. During all material times Bach
5 and Eslick were officers and directors of CEM.
6 2. Daniel Bach invented an energy-saving device for which he obtained a patent in
7
1994. In March 1994, he and CEl'vl entered into a license and assignment agreement wherein 8
Bach granted CEM "an exclusive license under software, technology, copyrights, patents,
9 copyright applications, patent applications and other intellectual property developed by or
10
for [Bach] to make, have made, use, sell, or distIibute energy management controllers on a 11
worldwide basis." The license was royalty free and not subject to termination as long as
12 patent rights existed. This license to Bach's inventions was CEM's only significant asset. The
13 license does not refer to any specific patent or patent application but arguably applied to
14 future invention? developed by or for Bach relating to energy management controllers.
15
3. CEM leased facilities for the manufacturer ofthe energy-saving devices and since 16
at least 1998 operated out of leased facilities at 470 North 56th Street in Chandler, Arizona.
17 4. In 1996, Bach and Eslick incorporated ES Management Services, Inc. The
18 company never actively engaged in any business under that name. On April 14, 2000, ES
19 Management Services, Inc. changed its name to DGB1 Technologies, Inc.
20 S. CEM has never had adequate working capital. Bach determined that taking the
21 company public would be the best way to raise the capital needed by the company to fully
22 realize its potential for the manufacture and marketing of energy-saving devices. But CEM
23 had not kept its books and records in such a way that it could obtain the necessary audited
24
financial statements in orde~ to satisfy the requirements for a public offering. 25
26

27

28

IDGB are the initials of its principal shareholder Daniel Gene Bach.

-2-

1

6. Bach embarked upon a plan to use the existing corporation, ES Management Inc.,

2 as the corporation to take public. His plan included the name change in April 2000 to DGB.

3 He hoped that after two years of audited financial statements, DGB would be in a position

4 to make the necessary filings for a public offering. His plan also included DGB purchasing

5 the assets ofCEM, CEM relinquishing its exclusive license for the energy-saving devices and

6 Bach's assignment of his rights in the technology to DGB.

7

7. At a special meeting of the board of directors of CEM on November 11, 2000,

8 Bach explained some of the financial problems facing CEM. Bach reported that he had

9 assigned his ownership interest in his patent to DGB as well as his interest in a patent 10 application filed in July 2000 for an energy management controller. The board

11 acknowledged that CEM owed almost $600,000.00 to DGB and had a debt to Bach

12 personallyof$375,000.00. DGB and Bach had been providing CEM's working capital since

13 sometime in 1999. The directors authorized CEM to borrow up to $2 million from Bach

14 and/or DGB, to be unsecured and to bear interest at 2% over the prime lending interest rate

15 oftlle Bank of America. The minutes recognized corporate liabilities of approximately $5.5

16 miJ.lion and the directors' concern that the corporation could not continue to operate without 17 continued borrowing or new equity capital. The meeting concluded with the directors 18 agreeing to consider a bulk sale of the assets of the corporation to DGB.

19

8. At a February 24,2001 special meeting, CEMls board directed the officers of the

20 corporation to develop a summary of tern1S to submit for shareholder approval for the

21 proposed sale ofthe assets ofCEM to DGB. At a June 2, 2001 shareholders meeting, CEM's

22 board recommended the asset sale to its shareholders. The proposed sale included its

23 distributor and dealer agreements and relinquishment ofits licenses. The shareholders voted 24 to approve the sale. On March 27, 2002, the directors of DGB approved an. asset purchase

25 agreement between DGB and CEM. DGB's officers were authorized and directed to execute

26 the agreement upon their approval ofthe schedules to be attached thereto and to take all other

. 27 action necessary to consummate the transaction. That there may not have been follow

28

-3-

1 through on all of the sale documentation by either corporation was typical of the lack of

2 compliance by both corporations with corporate formalities. But Bach acknowledged that
)
3 DGB made out a promissory note and that an asset schedule and list ofliabilities were drawn

4 up.

5

9. In April and July of2000 and in contemplation of the ultimate takeover by DGB

6 of the ongoing business of CEM, Bach assigned his ownership rights in U.S. Patent No.

7 5.592,062 and a second patent application in exchange for some 45 million shares ofDGB

8 stock. In September 2000, CEM shareholders began entering into agreements with Bach to

9 exchange their CEM stock for DGB stock. All but a few of the shareholders entered into

10 these exchange agreements with Bach because, according to Bach, they wanted to continue

11 to be part of the patented technology and of the company that held the technology. While

12 some shareholders did not enter into the stock exchange agreement, this was explained

13 largely by the inability by Bach to locate them. Agreements with distributors also began to

14 be renegotiated in the name ofDGB or in the names of both CEM and pGB in preparation

15 of the eventual purchase by DGB ofCEM1s assets.

16

10. On March 29, 2002,justtwo days afterDGB approved the purchase ofCEM1s

17 assets, CEM filed a statement of change of k.il0wn place of business \"X/ith the A..rizona 18 Corporation Commission changing from the North· 56th Street address to the address of its

19 statutory agent. The Court infers that this was done because of CEM1s plan to discontinue

20 doing business upon the sale of its assets to DGB. DGB's known place of business has 21 always been the North 56th Street address.

22

11. In the year 2000 and thereafter, dealers and distributors began making payments

23 to DGB or to both DGB and CEM. Moreover, Bach informed dealers that they would

24 eventually be doing business solely with DGB because of the intended future sale. The I

25 exhibits introduced at trial reflected numerous payments by distributors and dealers to DGB

26 pursuant to license and assignment agreements.

27

28

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1

12. During this transitional period, employees and independent contractors of CEM

2 were told that they were now working for DGB. The checks issued to employees and 3 independent contractors did not assist employees and independent contractors in knowing by

4 whom they were paid since Bach used another company called ES Management to issue

5 checks to employees and independent contractors. The funds in ES Management's account

6 came from CEM, DGB, and possibly Bach.

7

13. A business continues to operate from the North 56th Street facility engaging in the

8 same manufacturing and marketing activities CEM performed since the middle 1990's.

9

14. DGB's claim that the assets were never transferred and that CEM merely

10 continued in its operation and continues in its operation today is not credible. By the time

11 of the board's approval of the asset transfer DGB had essentially already taken over the

12 operations ofCEM, such that the two were indistinguishable to their employees, independent

13 contractors and distributors. DGB cannot separate itselfnow from CEM for purposes ofthis

14 litigation.

15

15. Bach was an officer and director of DGB at the time the charges of discrimination

16 were filed, during the EEOC investigation, and through the filing of the litigation. Bach

17 provided an affidavit to the EEOC during its investigation on September 12, 2000. He was

18 the majority shareholder in both corporations at this time.

19

16. Eslick was also an officer and director of both corporations during the pertinent

20 times. In April200Q, he was interviewed about the charges by an EEOC investigator and

21 admitted knowledge of the litigation since shortly after its filing.

22

23

CONCLUSIONS OF LAW .

24 1. Federal common law successorship doctrine applies to almost all federal
25 employment cases including Title VII employment discrimination cases. Steinbach v.
26 Hubbard, 51 F3d 843, 845 (9th Cir. 1995) (collecting cases). To impose liability on a
27 cOlporation based on successorship liability the EEOC must prove the alleged successor is
28

- 5-

1 a bona fide successor to the predecessor corporation, the successor had notice of the

2 predecessor's potential liability for damages. and the predecessor is unable to provide

3 adequate relief. ld, at 845-846.

4

2. Bona fide successorship is determined primarily by continuity in business

5 operations. Id. DGB continued the business operations of CEM without substantial

6 intenuption, or change in location, method of operation, employees or independent

7 contractors. DGB took over the contracts with distributors. Whether all formal incidents of

8 transfer exist, the evidence showed that as a practical matter DGB, beginning prior to the

9 approval of the sale of assets and continuing thereafter, stepped into the shoes of CEM and

10 that the corporations operated, in essence, as a single entity such that its own officers,

11 directors, employees and distributors could not distinguish between the two.

12

3. The second requirement is notice ofthe predecessor's potential liability. DGB had

13 notice of the claims against CEM from the time those claims were made. Bach and Eslick

14 were officers and directors ofboth corporations. Both were involved in the investigation of

15 the charges by Plaintiff. Bach was the majority shareholder ofDGB when the claims arose,

16 were investigated and litigation commenced.

17

4. CE~/I is unable to provide adequate relief. It is unable to pay the damages award.

18 As evidenced by the motion filed by Plaintiffto hold CEM and Bach in contempt for failure

19 to pay the consent judgment, the subsequent bankruptcy of Daniel Bach, and corporate

20 records of CEM demonstrating its dire financial straits, it is apparent that CEM no longer

21 has assets or an ability to to pay the Consent Judgment.

22

5. Successor liability is an equitable doctrine. Baker v. Delta Airlines, Inc., 6 F3d

23 632,637 (9th CiI. 1993). The balance ofthe equities in this case favors a finding ofsuccessor

24 liability. Only by holding DGB liable will an effective remedy be available to the victims

25 of CEM's and Bach's sexual harassment. DGB has control of all the valuable assets formerly

26 held by CEM. CEM is effectively an insolvent, if not defunct, corporation.

27 28

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--~~------ - - - - - - - -

1

ORDER

2

3

IT IS THEREFORE ORDERED that judgment be entered in favor of Plaintiff and

4 against Defendant DGB Technologies, Inc. in the amount of $225,000.00.

5

6 DATED this \~day of February, 2005.
7

8

9

Susan R. Bolton

10

United States District Judge

11

12

13

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16

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20

21

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-7 -

 
 CM/ECF - azd - Docket Report

Page 1 of 20

U.S. District Court DISTRICT OF ARIZONA (Phoenix Division) CIVIL DOCKET FOR CASE #: 2:01-cv-01352-SRB

STD, TERMED

EEOC v. Coast Energy Mgt, et al Assigned to: Judge Susan R Bolton Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 07/20/2001 Date Terminated: 02/23/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Katherine J Kruse EEOC 3300 N Central Ave Ste 690 Phoenix, AZ 85012-1848 602-640-5029 Fax: 602-640-5009 Email: katherine.kruse@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Mary Joleen O'Neill EEOC 3300 N Central Ave Ste 690 Phoenix, Az 85012-1848 602-640-5044 Fax: 602-640-5009 Email: mary.oneill@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

P David Lopez EEOC 3300 N Central Ave Ste 600 Phoenix, AZ 85012-1848 602-640-5016 Fax: 602-640-5009 Email: patrick.lopez@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sally Clifford Shanley EEOC 3300 N Central Ave

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CM/ECF - azd - Docket Report
V. Defendant Coast Energy Management, Inc TERMINATED: 10/07/2004

Page 2 of 20
Suite 690 Phoenix, AZ 85012-1848 602-640-5007 Fax: 602-640-5009 Email: sally.shanley@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
C Emanuel Smith EEOC 3300 N Central Ave Ste 690 Phoenix, AZ 85012-1848 602-640-5033 Fax: 602-640-5009 Email: emanuel.smith@eeoc.gov TERMINATED: 02/06/2006
represented by Coast Energy Management, Inc Attn: Daniel G Bach CEO PO Box 12970 Scottsdale, AZ 85267-2970 PRO SE
Claudio Eduardo Iannitelli Cheifetz Iannitelli Marcolini PC 1850 N Central Ave 19th Floor Phoenix, AZ 85004 602-952-6000 Fax: 602-952-7020 Email: cei@cimlaw.com TERMINATED: 10/31/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED
John Patrick Flynn, II Tiffany & Bosco PA Camelback Esplanade II 2525 E Camelback Rd Ste 300 Phoenix, AZ 85016 602-255-6020 Fax: 602-255-0103 Email: jpf@tblaw.com TERMINATED: 05/24/2002 LEAD ATTORNEY

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Defendant DGB Technologies, Inc
Movant Daniel G Bach guarantor TERMINATED: 10/20/2004

Page 3 of 20
ATTORNEY TO BE NOTICED
Shaleen D Brewer Cheifetz Iannitelli Marcolini PC 1850 N Central Ave 19th Floor Phoenix, AZ 85004 602-952-6000 Fax: 602-952-7020 Email: sdb@cimlaw.com TERMINATED: 10/31/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Claudio Eduardo Iannitelli (See above for address) TERMINATED: 10/31/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED
John Lighter Stoss, III Firetag Law Firm PC 5611 N 16th St Ste 300 Phoenix, AZ 85016-2903 (602)279-9411 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Robert D Haws Gust Rosenfeld PLC 201 E Washington Ste 800 Phoenix, AZ 85004-2327 602-257-7422 Email: rhaws@gustlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Shaleen D Brewer (See above for address) TERMINATED: 10/31/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Richard Harris Goldberg Law Office of Richard Harris Goldberg 26820 N 45th Pl

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Date Filed 07/20/2001 07/24/2001
07/24/2001 08/14/2001 08/22/2001
10/12/2001 10/15/2001 10/18/2001 10/18/2001 10/18/2001 10/19/2001 10/22/2001 10/22/2001

Cave Creek, AZ 85331 480-502-5992 Email: richgold7@hotmail.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

#

Docket Text

1 COMPLAINT FILED (LSP) (Entered: 07/23/2001)

2 ORDER by Judge Earl H. Carroll: the court recuses himself from further participation in this case Case reassigned to Judge Susan R. Bolton (with notice sent) (cc: all counsel/EHC/SRB) (former emp) (Entered: 07/24/2001)

3 RETURN OF SERVICE EXECUTED summons/complaint upon dft Coast Energy Mgt, by service on Mark Manoil, on 7/23/01 (former emp) (Entered: 07/25/2001)

4 ANSWER to pla's complaint [1-1] by dft Coast Energy Mgt (former emp) (Entered: 08/15/2001)

5 ORDER by Judge Susan R. Bolton ; prel scheduling conf set for 10:00 10/22/01 ; counsel who will be responsible for trial of the lawsuit for each party shall appear and participate in the conference (cc: all counsel) (former emp) (Entered: 08/22/2001)

6 PROPOSED CASE MGT PLAN: discovery cutoff 8/30/02; dispositive motions filing ddl is 10/4/02 (former emp) (Entered: 10/15/2001)

9 STIPULATION for first extension of time, until 10/17/01, for exchange of initial disclosure by dft Coast Energy Mgt (former emp) (Entered: 10/22/2001)

7 STIPULATION for extension of time until 10/18/01 for exchange of initial disclosure by pla EEOC (former emp) (Entered: 10/18/2001)

8 ORDER by Judge Susan R. Bolton granting stipulation for extension of time until 10/17/01 for exchange of initial disclosure by pla EEOC (cc: all counsel) (former emp) (Entered: 10/18/2001)

10 NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by dft Coast Energy Mgt (former emp) (Entered: 10/22/2001)

13 NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by pla EEOC (former emp) (Entered: 10/24/2001)

11 ORDER by Judge Susan R. Bolton granting stipulation for first extension of time, until 10/18/01, for exchange of initial disclosure by dft Coast Energy Mgt (cc: all counsel) (former emp) (Entered: 10/22/2001)

12 MINUTE ENTRY before Judge Susan R. Bolton . Crt Rptr: Kim Myrick.

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10/24/2001
03/14/2002 04/10/2002 04/11/2002 04/19/2002 04/29/2002 05/02/2002 05/02/2002 05/20/2002
05/21/2002
05/24/2002

Appearances: Katherine Kruse and P. David Lopez for pla; John Flynn and Frank Mead for dft. Prel scheduling conf held. The Court enters the following deadlines: discovery ddl set for 8/30/02; dispositive motions due 10/4/02; PTO ddl set for 2/24/03; motions in limine to be filed by 02/17/03 w/ Responses due 2/26/03 - no Reply; status report to be filed by 2/1/02 and every four months thereafter. IT IS ORDERED setting Pretrial conference on 3/3/03 at 9:00 a.m. IT IS FURTHER ORDERED setting jury trial on 3/11/03 at 9:00 a.m. Estimated length: 5 days. Rule 16 Scheduling Order to follow. A copy of the Joint Proposed Pretrial Order provided to counsel this date. [cc: SRB] [12-2] (MAW) (Entered: 10/22/2001)
14 SCHEDULE ORDER by Judge Susan R. Bolton: dispositive motions to be filed by 10/4/02, joint pretrial order deadline 2/24/03, pretrial conference 3/3/03 at 9:00, jury trial 3/11/03 at 9:00 (cc: all counsel) (former emp) (Entered: 10/24/2001)
15 NOTICE of service of discovery by pla EEOC . (SAT) (Entered: 03/15/2002)
16 STIPULATION by all parties to extend time to respond to discovery requests (until 4/29/02) (former emp) (Entered: 04/10/2002)
17 ORDER by Judge Susan R. Bolton granting stipulation by all parties; dft shall have until 4/29/02 to respond to the discovery requests propounded by pla (all counsel) (former emp) (Entered: 04/11/2002)
18 NOTICE of service of first supplemental disclosure statement pursuant to FRCivP 26(a) by pla EEOC (former emp) (Entered: 04/22/2002)
19 NOTICE by dft Coast Energy Mgt of dft's response to discovery requests (former emp) (Entered: 04/30/2002)
20 NOTICE by pla EEOC OF TAKING VIDEO DEPO OF Daniel Bach on the following date(s): 5/23/02 (former emp) (Entered: 05/03/2002)
21 NOTICE by pla EEOC OF TAKING DEPO OF Lester Goldstein on the following date(s): 5/13/02 (former emp) (Entered: 05/03/2002)
22 MOTION to withdraw as counsel (John Flynn) of record by dft Coast Energy Mgt [22-1]; Coast Energy Management, Inc., Attn: Mr. Daniel G. Bach, CEO, 470 N. 56th Street, Chandler, AZ 85226 (480)893-3025 (former emp) (Entered: 05/21/2002)
23 APPLICATION (MOTION) to withdraw as counsel for record with client consent by dft Coast Energy Mgt [23-1] (Coast Energy Mgmt Inc., Attn: Mr. Daniel G Bach, CEO, 470 N. 56th Street, Chandler, AZ 85226 (former emp) (Entered: 05/23/2002)
24 ORDER by Judge Susan R. Bolton granting motion to withdraw as counsel for record with client consent by dft Coast Energy Mgt [23-1] (Coast Energy Mgmt Inc., Attn: Mr. Daniel G Bach, CEO, 470 N. 56th Street, Chandler, AZ 85226 attorney John Patrick Flynn II for Coast Energy Mgt, finding the motion to withdraw as counsel (John Flynn) of

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06/11/2002 06/14/2002 06/27/2002 07/03/2002
07/24/2002 07/24/2002 08/08/2002 09/03/2002 09/26/2002 09/27/2002 09/30/2002 10/09/2002 10/16/2002

record by dft Coast Energy Mgt [22-1]; (cc: all counsel) (former emp) (Entered: 05/24/2002)
25 ATTORNEY APPEARANCE for dft Coast Energy Mgt by Claudio Eduardo Iannitelli (former emp) (Entered: 06/12/2002)
26 NOTICE of service of second supplemental disclosure statement pursuant to FRCivP 26(a) by pla EEOC (former emp) (Entered: 06/17/2002)
27 FIRST STIPULATION by all parties to extend deadlines under Rule 16 scheduling order including continuance of trial date (former emp) (Entered: 06/28/2002)
28 ORDER by Judge Susan R. Bolton granting stipulation by all parties to extend deadlines under Rule 16 scheduling order including continuance of trial date ; discovery ddl reset for 10/30/02 ; dispositive motions due 12/4/02 ; PTO ddl reset for 5/12/03 ; Pretrial conference reset for 11:30 5/19/03 , ; jury trial reset for 9:00 6/10/03 (cc: all counsel) (former emp) (Entered: 07/03/2002)
29 AMENDED NOTICE by pla EEOC OF TAKING DEPO OF Daniel G Bach on the following date(s): 8/30/02 (former emp) (Entered: 07/25/2002)
30 Amended NOTICE by pla EEOC OF TAKING DEPO OF Lee Eslick on the following date(s): 9/6/02 (former emp) (Entered: 07/25/2002)
31 SECOND AMENDED NOTICE by pla EEOC OF TAKING DEPO OF Danield G Bach on the following date(s): 9/4/02 (former emp) (Entered: 08/09/2002)
32 THIRD AMENDED NOTICE by pla EEOC OF TAKING DEPO OF Daniel G Bush on the following date(s): 9/11/02 (former emp) (Entered: 09/04/2002)
33 NOTICE of service of discovery by pla (responses to dft first set of nonuniform interrogatories). (CMM) (Entered: 09/27/2002)
34 NOTICE by pla EEOC OF TAKING DEPO OF Custodian of Records for DGB Technologies, Inc on the following date(s): 10/11/02 (former emp) (Entered: 10/01/2002)
35 NOTICE of service of discovery by pla EEOC . (former emp) (Entered: 10/02/2002)
36 STIPULATION for extension of time of 30 days to finally supplement their discovery by pla EEOC, dft Coast Energy Mgt (former emp) (Entered: 10/10/2002)
37 ORDER by Judge Susan R. Bolton granting stipulation for extension of time of 30 days to finally supplement their discovery by pla EEOC, dft Coast Energy Mgt ; discovery ddl reset for 11/8/02 (cc: all counsel) (former emp) (Entered: 10/16/2002)

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10/16/2002 10/23/2002
10/30/2002 11/04/2002 11/25/2002 11/27/2002 12/05/2002
12/05/2002
12/18/2002 12/30/2002 12/30/2002 01/08/2003 01/15/2003

38 STIPULATION for extension of time for parties to complete discovery for 30 days and file dispositive motions until 1/24/03 by pla EEOC, dft Coast Energy Mgt (former emp) (Entered: 10/16/2002)
39 ORDER by Judge Susan R. Bolton granting stipulation for extension of time for parties to complete discovery for 30 days and file dispositive motions until 1/24/03 by pla EEOC, dft Coast Energy Mgt ; discovery ddl reset for 11/29/02 ; dispositive motions due 1/24/03 (cc: all counsel) (former emp) (Entered: 10/23/2002)
40 MOTION for leave to amend the complaint to add DGB Technologies, Inc as a dft by pla EEOC [40-1] (no lodged document) (former emp) Modified on 12/09/2002 (Entered: 10/31/2002)
41 NOTICE by pla EEOC of service of supplemental response to dft's first set of non-uniform interrogatories (former emp) (Entered: 11/06/2002)
42 NOTICE by pla EEOC of service of pla's objections and responses to dft's first request for production of documents (former emp) (Entered: 11/25/2002)
43 STIPULATION to amend complaint to Add DGB Technologies, Inc as a dft by pla EEOC, dft Coast Energy Mgt (no lodged document) , to extend deadlines under Rule 16 scheduling order by pla EEOC, dft Coast Energy Mgt (signed by pla and dft) (former emp) (Entered: 11/29/2002)
44 ORDER by Judge Susan R. Bolton granting stipulation to extend deadlines under Rule 16 scheduling order by pla dft Coast Energy Mgt (signed by pla and dft); ; pretrial conference vacated; jury trial vacated ; there would be insufficient time for the Court to rule on dispositive motions filed on 4/30/03 for a 6/10/03 trial date (cc: all counsel) (former emp) (Entered: 12/05/2002)
45 ORDER by Judge Susan R. Bolton granting stipulation to amend complaint to Add DGB Technologies, Inc as a dft by pla EEOC (per call to atty- EEOC to file amended complaint), dft Coast Energy Mgt ; discovery ddl reset for 3/31/03 ; dispositive motions due 4/30/03 (cc: all counsel) (former emp) Modified on 12/06/2002 (Entered: 12/05/2002)
46 FIRST AMENDED COMPLAINT by pla EEOC ;; jury demand [1-1] ; adding dft DGB Technologies (former emp) (Entered: 12/19/2002)
47 RETURN OF SERVICE EXECUTED summons/complaint upon dft DGB Technologies on 12/20/02 in Phoenix, AZ (DMT) (Entered: 12/31/2002)
48 RETURN OF SERVICE EXECUTED summons/complaint upon dft Coast Energy Mgt on 12/20/02 (DMT) (Entered: 12/31/2002)
49 ANSWER to First amended complaint [46-1] by dft Coast Energy Mgt, dft DGB Technologies (former emp) (Entered: 01/09/2003)
50 REQUEST (MOTION) for settlement conference by pla EEOC [50-1] (former emp) (Entered: 01/17/2003)

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01/22/2003 01/29/2003
02/20/2003 02/24/2003 03/12/2003 03/20/2003 03/21/2003
04/09/2003 04/28/2003

51 MINUTE ORDER IT IS ORDERED granting the motion for settlement conference by pla EEOC [50-1]. Magistrate Judge David K. Duncan having been randomly drawn, IT IS ORDERED directing counsel to contact Magistrate Judge Duncan's chambers to schedule a date and time for settlement conference. (cc: all counsel; SRB; DKD; docket clerk) [511](MAW) Modified on 01/22/2003 (Entered: 01/22/2003)
52 ORDER by Magistrate Judge David K. Duncan ; settlement conference set for 9:00 3/20/03 , before Magistrate Judge David K. Duncan ; a representative with full and complete authority to discuss and settle the case shall appear at the conference; pla's demand shall be delivered to dft counsel not less than 30 days before the conference; dfts responses to the demand shall be delivered to pla's counsel not less than 14 days before the conference memoranda are due; all settlement conference memoranda are to be exchanged no later than 5 days prior to the conference; each party shall provide the Court with that party's settlement memorandum at least 5 days before the conference (cc: all counsel/SRB) (former emp) (Entered: 01/29/2003)
53 STIPULATION to extend time to 3/20/03 for Mariana Lozada to sign her deposition by pla EEOC, dft Coast Energy Mgt (DMT) (Entered: 02/24/2003)
54 ORDER by Judge Susan R. Bolton granting stipulation to extend time to 3/20/03 for Mariana Lozada to sign her deposition by pla EEOC, dft Coast Energy Mgt (cc: all counsel) (DMT) (Entered: 02/24/2003)
55 NOTICE of compliance of service of 3rd supplemental disclosure statement pursuant to FRCivP 26(a) by pla EEOC (former emp) (Entered: 03/13/2003)
56 MINUTE ENTRY before Magistrate Judge David K. Duncan . . ; settlement conference held ; parties have recessed for the purpose of continued settlement discussions ; settlement conference continued for 4:00 4/9/03 , before Magistrate Judge David K. Duncan [cc: cnsl]] [56-4] (former emp) (Entered: 03/21/2003)
57 REPORT AND RECOMMENDATION RE SETTLEMENT CONFERENCE AND CASE MANAGEMENT DEADLINES to the Hon. Susan R Bolton by Magistrate Judge David K. Duncan: if the parties should not reach a settlement agreement during the 4/9/03 settlement conference that the Court extend the discovery and dispositive motion deadlines so as to afford the parties the opportunity to conduct discovery which was forgone during the period of active settlement discussions [51-1] (cc: all counsel/SRB) (former emp) Modified on 03/24/2003 (Entered: 03/21/2003)
58 MINUTE ENTRY before Magistrate Judge David K. Duncan . . ; settlement conference reconvened ; settlement not reached [cc: cnsl/SRB] (former emp) (Entered: 04/11/2003)
59 MOTION for extension of time to complete discovery and file dispositive motions by dft Coast Energy Mgt, dft DGB Technologies [59-1] (former

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04/30/2003
05/12/2003 05/12/2003 05/19/2003 05/22/2003 06/04/2003 06/13/2003 06/20/2003
06/20/2003 06/20/2003 06/23/2003 07/01/2003 07/01/2003

emp) (Entered: 04/29/2003)
60 ORDER by Judge Susan R. Bolton granting motion for extension of time to complete discovery and file dispositive motions by dft Coast Energy Mgt, dft DGB Technologies [59-1] ; discovery ddl reset for 7/31/03 ; dispositive motions due 9/15/03 (cc: all counsel) (former emp) (Entered: 04/30/2003)
61 NOTICE by pla EEOC OF Continuation of DEPO OF Lee Eslick on the following date(s): 5/28/03 @ 10:00 am (FMP) (Entered: 05/14/2003)
62 NOTICE by pla EEOC OF TAKING DEPO OF Mike Watson on the following date(s): 5/22/03 @ 9:30am (FMP) (Entered: 05/14/2003)
63 NOTICE by dft Coast Energy Mgt of change of address of law firm, Cheifetz Iannitelli Marcolini, 1850 N Central Ave., 19th Floor, Phoenix, AZ 85004; Ph: 602-952-6000; Fax 602-952-7020 (former emp) (Entered: 05/20/2003)
64 AMENDED NOTICE by pla EEOC OF CONTINUATION OF TAKING DEPO OF Lee Eslick on the following date(s): 6/16/03 (former emp) (Entered: 05/27/2003)
65 NOTICE by pla EEOC OF TAKING DEPO OF Ruth Ann Warfel on the following date(s): 6/26/03 (former emp) (Entered: 06/09/2003)
66 NOTICE of service of discovery by dft Coast Energy Mgt . (former emp) (Entered: 06/16/2003)
67 MINUTE ENTRY before Judge Susan R. Bolton . Crt Rptr: Kim Myrick. Appearances: Katherine Kruse (telephonically) for pla; Shaleen Brewer (telephonically) for dfts. Discovery dispute hearing held at the request of pla counsel. Discussion held. IT IS ORDERED both defendants are to produce every document subject to the request for production of documents and submit said documents to pla's counsel not later than 7/11/03. Regarding the deposition scheduled this date for one of the class members, the Court will not permit dft counsel to question said member regarding her activities after the date of her termination of employment. [cc: SRB] [67-1] re: minute entry [67-1] (MAW) (Entered: 06/23/2003)
68 NOTICE by pla EEOC OF TAKING DEPO OF Neil Timchak on the following date(s): 7/16/03 (former emp) (Entered: 06/23/2003)
69 AMENDED NOTICE by pla EEOC OF TAKING DEPO OF Ruth A Burkhardt on the following date(s): 7/10/03 (former emp) (Entered: 06/23/2003)
70 NOTICE of service of forth supplemental disclosure statement pursuant to FRCivP 26(a) by pla EEOC (former emp) (Entered: 06/25/2003)
71 NOTICE by pla EEOC OF TAKING DEPO OF Carlos Bello on the following date(s): 7/17/03 (former emp) (Entered: 07/01/2003)
72 NOTICE by pla EEOC OF TAKING DEPO OF Dora Mendez on the

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07/01/2003 07/10/2003 07/21/2003 07/21/2003 07/23/2003 08/05/2003 08/06/2003 08/08/2003 08/08/2003 08/08/2003 08/08/2003 08/11/2003 08/13/2003 08/20/2003 10/02/2003

following date(s): 7/21/03 (former emp) (Entered: 07/01/2003)
73 NOTICE of service of fifth supplemental disclosure statement pursuant to FRCivP 26(a) by pla EEOC (former emp) (Entered: 07/01/2003)
74 SECOND AMENDED NOTICE by pla EEOC OF TAKING DEPO OF Ruth a Warfel on the following date(s): 7/17/03 (former emp) (Entered: 07/14/2003)
75 AMENDED NOTICE by pla EEOC OF TAKING DEPO OF Neil Timchak on the following date(s): 7/29/03 (former emp) (Entered: 07/22/2003)
76 JOINT MOTION by all parties for extension of time until 8/15/03 to complete discovery [76-1] (former emp) (Entered: 07/22/2003)
77 ORDER by Judge Susan R. Bolton granting motion by all parties for extension of time until 8/15/03 to complete discovery [76-1] , ; discovery ddl reset for 8/15/03 (cc: all counsel) (former emp) (Entered: 07/23/2003)
78 NOTICE by pla EEOC OF TAKING DEPO OF Dora Mendez on the following date(s): 8/7/03 (former emp) (Entered: 08/06/2003)
79 NOTICE of service of discovery by pla EEOC . (former emp) (Entered: 08/06/2003)
80 NOTICE of service of discovery by pla EEOC . (former emp) (Entered: 08/11/2003)
81 NOTICE by pla EEOC OF Rule 30(b)(6) DEPO OF Coast Energy Management, Inc on the following date(s): 8/14/03 (former emp) (Entered: 08/11/2003)
82 NOTICE by pla EEOC OF TAKING Rule 30(b)(6) DEPO OF DGB Technologies, Inc on the following date(s): 8/14/03 (former emp) (Entered: 08/11/2003)
83 Transcript Designation and Ordering Form by pla EEOC re hearing held 6/20/03 (former emp) (Entered: 08/11/2003)
84 NOTICE by pla EEOC OF TAKING DEPO OF Dora Mendez on the following date(s): 8/13/03 (former emp) (Entered: 08/12/2003)
85 TRANSCRIPT of Discovery Dispute Proceedings by Court Reporter: Kim Myrick for the following date(s): 6/20/03 (former emp) (Entered: 08/13/2003)
86 NOTICE of service of discovery by pla EEOC . (former emp) (Entered: 08/20/2003)
87 MOTION for Claudio Iannitelli, Shaleen Brewer and the law firm of Cheifetz Iannitelli Marcolini to withdraw as counsel of record by dft Coast Energy Mgt, dft DGB Technologies (Coast Energy Management, Attn: Daniel G Bach/Lee Eslick, 470 N 56th St., Chandler, AZ 85226 480-493-3035 & Robert Hoag, President, DGB Technologies, Inc., c/o

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10/16/2003 10/24/2003 10/24/2003
10/24/2003
10/27/2003 10/27/2003 10/31/2003

John L Stoss, Firetag Law Firm, 5611 N 16th Street, Phx, AZ 85016 Ph: 602-279-9411 [87-1] (former emp) (Entered: 10/03/2003)
88 RESPONSE by pla EEOC to motion for Claudio Iannitelli, Shaleen Brewer and the law firm of Cheifetz Iannitelli Marcolini to withdraw as counsel of record by dft Coast Energy Mgt, dft DGB Technologies (Coast Energy Management, Attn: Daniel G Bach/Lee Eslick, 470 N 56th St., Chandler, AZ 85226 480-493-3035 & Robert Hoag, President, DGB Technologies, Inc., c/o John L Stoss, Firetag Law Firm, 5611 N 16th Street, Phx, AZ 85016 Ph: 602-279-9411 [87-1] (former emp) (Entered: 10/20/2003)
89 MOTION for sanctions against both dfts by pla [89-1] (DMT) (Entered: 10/27/2003)
90 REPLY by dft DGB Technologies (filed pro per by DGB Technologies c/o Carroll H Belt, President, 1075 E Prescott Place, Chandler, AZ 85249) to response to motion for Claudio Iannitelli, Shaleen Brewer and the law firm of Cheifetz Iannitelli Marcolini to withdraw as counsel of record by dft Coast Energy Mgt, dft DGB Technologies (Coast Energy Management, Attn: Daniel G Bach/Lee Eslick, 470 N 56th St., Chandler, AZ 85226 480-493-3035 & Robert Hoag, President, DGB Technologies, Inc., c/o John L Stoss, Firetag Law Firm, 5611 N 16th Street, Phx, AZ 85016 Ph: 602-279-9411 [87-1] (former emp) (Entered: 10/28/2003)
90 OBJECTIONS by dft DGB Technologies to the proposed form of order to the extent that it precludes DGB's new counsel from any discovery (re motion for Claudio Iannitelli, Shaleen Brewer and the law firm of Cheifetz Iannitelli Marcolini to withdraw as counsel of record by dft Coast Energy Mgt, dft DGB Technologies (Coast Energy Management, Attn: Daniel G Bach/Lee Eslick, 470 N 56th St., Chandler, AZ 85226 480-493-3035 & Robert Hoag, President, DGB Technologies, Inc., c/o John L Stoss, Firetag Law Firm, 5611 N 16th Street, Phx, AZ 85016 Ph: 602-279-9411 [87-1] [87-1]) (former emp) (Entered: 10/28/2003)
91 REPLY by dft Coast Energy Mgt, dft DGB Technologies to response to motion for Claudio Iannitelli, Shaleen Brewer and the law firm of Cheifetz Iannitelli Marcolini to withdraw as counsel of record by dft Coast Energy Mgt, dft DGB Technologies (Coast Energy Management, Attn: Daniel G Bach/Lee Eslick, 470 N 56th St., Chandler, AZ 85226 480-493-3035 & Robert Hoag, President, DGB Technologies, Inc., c/o John L Stoss, Firetag Law Firm, 5611 N 16th Street, Phx, AZ 85016 Ph: 602-279-9411 [87-1] (former emp) (Entered: 10/28/2003)
91 MOTION to hold all pending motions in abeyance pending resolution of issues re withdrawal of counsel by dft Coast Energy Mgt, dft DGB Technologies [91-1] (former emp) (Entered: 10/28/2003)
92 ORDER by Judge Susan R. Bolton denying motion for sanctions against both dfts by pla [89-1]; counsel are directed to paragraph J of the Rule 16 Scheduling Order signed by this Court on 10/22/01 (cc: all counsel) (former emp) (Entered: 10/31/2003)

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10/31/2003
11/10/2003 12/04/2003 12/11/2003
01/22/2004 01/23/2004 02/03/2004 02/09/2004

93 ORDER by Judge Susan R. Bolton granting motion for Claudio Iannitelli, Shaleen Brewer and the law firm of Cheifetz Iannitelli Marcolini to withdraw as counsel of record by dft Coast Energy Mgt, dft DGB Technologies (Coast Energy Management, Attn: Daniel G Bach/Lee Eslick, 470 N 56th St., Chandler, AZ 85226 480-493-3035 & Robert Hoag, President, DGB Technologies, Inc., c/o John L Stoss, Firetag Law Firm, 5611 N 16th Street, Phx, AZ 85016 Ph: 602-279-9411 [87-1] (cc: all counsel) (former emp) (Entered: 10/31/2003)
94 REQUEST (MOTION) for status to set dates for submission of a joint proposed pretrial order and other items listed in paragraph S of the Court's scheduling order, as well as date for final pretrial conference and trial by pla EEOC [94-1] , to strike the improperly filed pleading DGB Technologies, Inc's reply to pla's response to motion to withdraw and objection to proposed form of order filed 10/24/03 by pla EEOC [94-2] (former emp) Modified on 11/17/2003 (Entered: 11/12/2003)
95 ATTORNEY APPEARANCE for dft DGB Technologies by Robert D Haws (former emp) (Entered: 12/08/2003)
96 ORDER by Judge Susan R. Bolton granting motion for status to set dates for submission of a joint proposed pretrial order and other items listed in paragraph S of the Court's scheduling order, as well as date for final pretrial conference and trial by pla EEOC [94-1]; a status hearing will be set after new counsel files his notice of appearance finding the motion to strike the improperly filed pleading DGB Technologies, Inc's reply to pla's response to motion to withdraw and objection to proposed form of order filed 10/24/03 by pla EEOC [94-2] denied as moot., finding the motion to hold all pending motions in abeyance pending resolution of issues re withdrawal of counsel by dft Coast Energy Mgt, dft DGB Technologies [91-1] denied as moot; if no notice of appearance is filed by counsel to undertake representation of dfts within 30 days of the date of this order, dfts' answer will be striken and dfts' default entered ; possbl dsm ddl set for 1/10/04 (cc: all counsel)(former emp) Modified on 12/11/2003 (Entered: 12/11/2003)
97 ORDER by Judge Susan R. Bolton ; status hearing set for 11:15 2/9/04 (cc: all counsel) (former emp) (Entered: 01/22/2004)
98 APPLICATION (MOTION) for entry of default against dft Coast Energy Management, Inc as to EEOC by pla EEOC [98-1]** (former emp) (Entered: 02/02/2004)
99 RESPONSE by dft DGB Technologies to request for default judgment against dft Coast Energy Management, Inc as to EEOC by pla EEOC [981]** (former emp) (Entered: 02/05/2004)
100 MINUTE ENTRY before Judge Susan R. Bolton . Crt Rptr: Kim Myrick. Appearances: Katherine Kruse for pla; Robert Haws for dft DGB Technologies, Inc. Status Hearing held. Discussion held. It appearing dft Coast Energy Management having failed to comply with this Court's Order dated 12/8/03, IT IS ORDERED that dft Coast Energy

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02/11/2004
06/03/2004 06/09/2004 07/12/2004 07/12/2004 07/12/2004
07/12/2004 07/15/2004 07/19/2004 07/19/2004 07/19/2004 07/19/2004 07/19/2004

Management's answer be stricken, grant the motion for entry of default against dft Coast Energy Management, Inc as to EEOC by pla EEOC [981] and order the Clerk of the Court enter default against dft Coast Energy Management, Inc. Trial date discussed. The Court enters the following deadlines: motions in limine to be filed by 7/12/04 w/ Responses due 7/21/04 - no Reply; PTO ddl set for 7/19/04; Pretrial conference set for 7/26/04 at 9:30 a.m.; jury trial set for 8/10/04 at 9:00 a.m. A copy of the Joint Proposed Pretrial Order provided to counsel this date. [cc: SRB; docket clerk] [100-2] (MAW) (Entered: 02/10/2004)
101 DEFAULT ENTERED: Pursuant to Rule 55(a) of the Federal Rules of Civil Procedure and order of the Court entered February 9, 2004, docket #100, default is hereby entered as to Defendant Coast Energy Management for failure to plead or otherwise defend the claims against it. (cc: all counsel) (former emp) (Entered: 02/11/2004)
102 Transcript Designation and Ordering Form re hering held 2/9/04 (requested by Katherine J Kruse) (former emp) (Entered: 06/04/2004)
103 TRANSCRIPT of Status Conference by Court Reporter: KMyrick for the following date(s): 2/9/04 (former emp) (Entered: 06/10/2004)
104 MOTION in limine to exclude testimony and evidence by dft DGB Technologies [104-1] (former emp) (Entered: 07/13/2004)
105 MOTION in limine to exclude evidence questioning and testimony regarding immigration status and memorandum of points and authorities by pla EEOC [105-1] (former emp) (Entered: 07/13/2004)
106 MOTION in limine to exclude evidence, questioning and testimony regarding drug use, criminal convictions, and matters protected under Fed.R.Evid 412 by pla EEOC [106-1] (former emp) (Entered: 07/13/2004)
107 MOTION in limine re police complaints involving charging party Laura Monge and memorandum of points and authorities by pla EEOC [107-1] (former emp) (Entered: 07/13/2004)
108 MOTION for default judgment against Coast Energy Mgt by pla EEOC (no sum certain) [108-1] (former emp) (Entered: 07/19/2004)
109 TRIAL BRIEF by pla EEOC (former emp) (Entered: 07/20/2004)
110 NOTICE by pla EEOC of filing separate proposed statement of the case, vior dire, form of verdict, and juror questionnaire (former emp) (Entered: 07/20/2004)
111 Proposed Jury instructions by dft DGB Technologies (former emp) (Entered: 07/20/2004)
112 Proposed Voir dire submitted by dft DGB Technologies (former emp) (Entered: 07/20/2004)
JOINT PROPOSED PRE-TRIAL ORDER submitted by dft DGB

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07/20/2004 07/21/2004
07/21/2004
07/21/2004
07/21/2004
07/21/2004
07/22/2004 07/22/2004 07/26/2004 07/26/2004 07/26/2004

Technologies (PLACED LEFT OF FILE) (former emp) Modified on 07/20/2004 (Entered: 07/20/2004)
113 SUPPLEMENTAL by dft DGB Technologies to joint proposed pretrial order (PROPOSED PRETRIAL ORDER - PLACED LEFT OF FILE) [01] (former emp) (Entered: 07/21/2004)
114 CORRECTED CERTIFICATE of service of pla's notice of filing separate proposed statement of the case, voir dire, form of verdict, juror questionnaire and trial brief on 7/20/04 by pla EEOC (former emp) (Entered: 07/22/2004)
115 RESPONSE by dft DGB Technologies to motion in limine re police complaints involving charging party Laura Monge and memorandum of points and authorities by pla EEOC [107-1] (former emp) (Entered: 07/22/2004)
116 RESPONSE by dft DGB Technologies to motion in limine to exclude evidence questioning and testimony regarding immigration status and memorandum of points and authorities by pla EEOC [105-1] (former emp) (Entered: 07/22/2004)
117 NOTICE by dft DGB Technologies of filing under seal the response to pla's motion in limine to exclude evidence, questioning and testimony re drug use, criminal convictions and matters protected under Fed.R.Evid 412 (document #118) (former emp) (Entered: 07/22/2004)
118 SEALED Response by dft DGB Technologies to motion in limine to exclude evidence, questioning and testimony regarding drug use, criminal convictions, and matters protected under Fed.R.Evid 412 by pla EEOC [106-1] (former emp) (Entered: 07/22/2004)
119 RESPONSE by pla EEOC to motion in limine to exclude testimony and evidence by dft DGB Technologies [104-1] (former emp) (Entered: 07/22/2004)
120 Proposed Jury instructions by pla EEOC (former emp) (Entered: 07/23/2004)
121 OBJECTIONS by pla EEOC to dft DGB Technologies' proposed jury instructions [111-1] (former emp) (Entered: 07/27/2004)
122 SUPPLEMENTAL by pla EEOC to the joint proposed pretrial order submitted 7/19/04 [0-1] (former emp) (Entered: 07/27/2004)
123 MINUTE ENTRY before Judge Susan R. Bolton . Crt Rptr: Kim Myrick. Appearances: Katherine Kruse and P. David Lopez for pla; Robert Haws for dft DGB. Pretrial Conference held. Discussion held re: trial issues. Both counsel agree to waive a jury trial and proceed by way of a trial to the bench with an evidentiary hearing set the same date and time. Therefore, IT IS ORDERED deeming the following motions moot: motion in limine re police complaints involving charging party Laura Monge and memorandum of points and authorities by pla EEOC [107-1]; the motion in limine to exclude evidence, questioning and testimony

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08/12/2004 08/13/2004 08/16/2004
08/17/2004 08/19/2004 08/24/2004 08/24/2004

regarding drug use, criminal convictions, and matters protected under Fed.R.Evid 412 by pla EEOC [106-1]; the motion in limine to exclude evidence questioning and testimony regarding immigration status and memorandum of points and authorities by pla EEOC [105-1]; and the motion in limine to exclude testimony and evidence by dft DGB Technologies [104-1]. IT IS FURTHER ORDERED vacating jury trial on 8/10/04 and setting bench trial and evidentiary hearing on 8/24/04 at 9:00 a.m. IT IS FURTHER ORDERED setting Pretrial Conference on 8/16/04 at 3:30 p.m. IT IS FURTHER ORDERED counsel shall submit a new pretrial order due to the changes discussed this date and any memorandum no later than 5:00 p.m., 8/12/04. A copy of the exhibit marking instructions is provided to counsel this date. [cc: SRB] [123-2] (MAW) (Entered: 07/27/2004)
PROPOSED PRE-TRIAL ORDER submitted by dft DGB Technologies (original and copy forwarded to chambers) (former emp) (Entered: 08/16/2004)
124 MOTION for leave to add additional witnesses at trial by dft DGB Technologies [124-1] (former emp) (Entered: 08/16/2004)
125 MINUTE ENTRY before Judge Susan R. Bolton . Crt Rptr: Kim Myrick. Appearances: Katherin Kruse and P. David Lopez for pla; Robert Haws for dft DGB Technologies. Pretrial conference held. Discussion held re: remaining trial issues. For reasons as stated on the record, IT IS ORDERED denying motion for leave to add additional witnesses at trial by dft DGB Technologies [124-1]. Bench trial on 8/24/04 is affirmed. [cc: SRB] [125-2] (MAW) (Entered: 08/16/2004)
126 REVISED JOINT PROPOSED PRETRIAL ORDER approved by Judge Susan R. Bolton Pretrial conference set for 3:30 8/16/04 Bench trial set for 9:00 8/24/04 (former emp) (Entered: 08/17/2004)
127 NOTICE by dft DGB Technologies of deposition designations (former emp) (Entered: 08/20/2004)
128 BENCH MEMORANDUM on immigration status by pla EEOC (former emp) (Entered: 08/24/2004)
129 MINUTE ENTRY before Judge Susan R. Bolton . Crt Rptr: Elizabeth Lemke. Appearances: Katherine Kruse and P. David Lopez for pla; Robert Haws for dft. 9:07 a.m. Bench trial - Day 1. At the request of pla's counsel, the Rule of Exclusion of Witnesses is invoked and the following witnesses are sworn: Jessica Hoffert, Vicki Heyer, Maria Garcia (with the assistance of certified interpreter Sary Tavritzky) and Mariana Lozada (with the assistance of certified interpreter Sary Tavritzky). Pla's case: Jessica Hoffert is examined. Witness is excused. Maria Garcia is examined with the assistance of interpreter Sary Tavritzky. 10:37 a.m. Recess. 10:55 a.m. Reconvene. Maria Garcia is examined further with the assistance of interpreter Sary Tavritzky. Witness is excused. Vicki Heyer is examined. Witness is excused. 11:57 a.m. Recess. 1:18 p.m. Reconvene. Mariana Lozada is examined with the assistance of

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08/25/2004
08/25/2004
08/25/2004 08/25/2004 08/25/2004 08/25/2004 08/25/2004 09/15/2004

interpreter Sary Tavritzky. Witness is excused. Ruthann Burkhardt is sworn and examined. 2:45 p.m. Recess. 3:03 p.m. Reconvene. Ruthann Burkhardt is examined further. Witness is excused. Agnes Spencer is sworn and examined. Witness is excused. 3:55 p.m. Recess. 4:19 p.m. Reconvene. Tomasa Sandoval is sworn and examined with the assistance of interpreter Sary Tavritzky. Witness is excused. 4:39 p.m. Court stands at recess until 9:00 a.m., 8/25/04. [cc: SRB] [129-3] (MAW) (Entered: 08/24/2004)
130 MINUTE ENTRY before Judge Susan R. Bolton . Crt Rptr: Elizabeth Lemke. Appearances: P. David Lopez, Katherine Kruse and Mary O'Neill for pla; Robert Haws for dft. Bench Trial - Day 2. 9:12 a.m. Pla counsel advises the parties have discussed possible settlement. Discussion held. The Court will stand at recess to allow the parties to further discuss settlement. 9:26 a.m. Recess. 11:15 a.m. Reconvene. Written stipulation is presented to the Court. Discussion held. A consent decree will be entered against CEM and a stipulation to dismiss DGB with prejudice will be filed. If in the event the settlement payment has not been submitted, the issue of successor liability will still need to be tried to the Court. Therefore, IT IS ORDERED resetting bench trial to 9/28/04 at 9:00 a.m. 11:25 a.m. Court is adjourned. [cc: SRB] [130-3] (MAW) (Entered: 08/26/2004)
131 STIPULATION for entry of judgment against CEM/Daniel Bach for $225,000 to be paid before 9/24/04; if CEM/Daniel Bach fails to pay EEOC to proceed against DGB to trial; DGB pay CEM $5000 within 5 business days of receipt of confirmation of payment by CEM [130-3] by pla EEOC, dft Coast Energy Mgt, dft DGB Technologies; (former emp) Modified on 08/31/2004 (Entered: 08/30/2004)
132 NON JURY WITNESS LIST by pla EEOC (former emp) (Entered: 08/30/2004)
133 NON-TRIAL WITNESS LIST by dft DGB Technologies (former emp) (Entered: 08/30/2004)
134 NON-TRIAL EXHIBIT LIST submitted by pla EEOC (former emp) (Entered: 08/30/2004)
135 NON-TRIAL EXHIBIT LIST submitted by dft DGB Technologies (former emp) (Entered: 08/30/2004)
136 MINUTE ORDER RE EXHIBITS: exhibits marked and admitted at the time of the hearing are returned to counsel; counsel are directed to retain custody of the exhibits until the case has been completely terminated including all appeals (cc: all counsel) [136-1] re: order (minute) [136-1] (former emp) (Entered: 08/30/2004)
137 ORDER by Judge Susan R. Bolton that counsel for the Plaintiff, a representative of Coast Energy Management, and counsel for DGB Technologies Inc appear on 9/21/04 at 10:15 a.m. and show cause why the consent decree has not been submitted to the Court; order to show cause hearing set for 10:15 9/21/04 (cc: all counsel) (SAT) (Entered:

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09/22/2004 09/29/2004
09/30/2004 10/01/2004 10/01/2004

09/15/2004)
138 CONSENT DECREE approved by Judge Susan R. Bolton resolving all claims of pla against dft CEM including back pay, compensatory and punitive damages, interest, injunctive relief, atty fees and costs; enjoining dft. That jgm is entered in favor of pla and against dft CEM for $225,000. to be paid by 9/24/04 [cc: cnsl] (cc: all counsel) (DMT) Modified on 10/07/2004 (Entered: 09/22/2004)
139 MINUTE ENTRY before Judge Susan R. Bolton . Crt Rptr: Kim Myrick. Appearances: P. David Lopez and Catherine Kruse for pla; Robert Haws for dft DGB Technologies. Bench Trial - Day 3. 9:07 a.m. Reconvene. Discussion held regarding witness availability. The Court will stand at recess to allow pla counsel to contact witnesses. 9:15 a.m. Recess. 9:33 a.m. Reconvene. Pla counsel advises Dan Bach and Lee Eslick, pla witnesses, will be present to testify this morning. Over pla's objection, the Court will allow Neil Timchak to be called as a witness as he was disclosed in counsels' revised Pretrial Order. Pla invokes the Rule of Exclusion of Witnesses and the following persons are administered the oath: Lester Goldstein and Carlos Bello. The Court advises said witnesses to remain outside the courtroom until called to testify. Upon stipulation of counsel, the following exhibits are admitted into evidence: 6, 8 through 10, 14 through 17, 21, 23, 25, 59, 62, 67 through 70, 110, 111, 113, 116, 118 through 120, 125, 126, 131 through 134. Opening statements. Pla's case (continued): Carlos Bello is examined. Witness is excused. Lester Goldstein is examined. Witness is excused. 10:45 a.m. Recess. 10:57 a.m. Reconvene. Daniel Bach is sworn and examined. Exhibits 7 and 12 are admitted. For reasons as stated on the record, Exhibit 29 is admitted for a limited purpose. 12:34 p.m. Recess. 1:48 p.m. Reconvene. Daniel Bach is examined further. Exhibit 43 is admitted and pla withdraws admission of Exhibit 14. Exhibits 136, 124, 130, 129 and 137 are admitted. Witness is excused. 3:21 p.m. Recess. 3:37 p.m. Reconvene. Lee Eslick is sworn and examined. Exhibits 26, 40 and 41 are admitted. 5:03 p.m. Court will stand at recess until 1:30 p.m., October 1, 2004. [cc: SRB] [139-1] re: minute entry [139-1] (MAW) (Entered: 09/30/2004)
140 Transcript Designation and Ordering Form by pla re 9/29/04 trial (DMT) (Entered: 10/04/2004)
141 MINUTE ENTRY before Judge Susan R. Bolton . Crt Rptr: Kim Myrick. Appearances: Katherine Cruse and P. David Lopez for pla; Robert Haws for dft. Bench Trial - Day 4. 1:31 p.m. Reconvene. Pla's case (continued): Lee Eslick is examined further. Exhibits 58, 139 and 128 are admitted. Witness is excused. Pla rests. Dft rests. IT IS ORDERED directing counsel to file Proposed Findings of Fact and Conclusions of Law by close of business on 10/8/04. 2:40 p.m. Recess. 2:57 p.m. Reconvene. Closing arguments. IT IS ORDERED taking this matter under advisement. 3:44 p.m. Court is adjourned. [cc: SRB] [141-2] (MAW) (Entered: 10/04/2004)
142 NOTICE by pla of designation of portions of Neil E. Timchak (CMM)

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10/04/2004
10/04/2004 10/04/2004 10/04/2004 10/04/2004 10/05/2004
10/06/2004 10/06/2004 10/06/2004
10/08/2004
10/13/2004
10/13/2004 10/13/2004 10/14/2004 10/15/2004
10/15/2004
10/28/2004

(Entered: 10/05/2004)
143 MINUTE ORDER that exhibits returned to filing parties for them to retain custody of same.(cc: all counsel) [143-1] re: order (minute) [143-1] (DMT) (Entered: 10/07/2004)
144 WITNESS LIST by pla (DMT) (Entered: 10/07/2004)
145 WITNESS LIST by dft DGB Technologies (DMT) (Entered: 10/07/2004)
146 EXHIBIT LIST submitted by pla (DMT) (Entered: 10/07/2004)
147 EXHIBIT LIST submitted by dft DGB Technologies (DMT) (Entered: 10/07/2004)
148 TRANSCRIPT of day 3 of trial before Judge Susan R Bolton by Court Reporter: Kim R Myrick for the following date(s): 9/29/04 (DMT) (Entered: 10/07/2004)
149 Transcript Designation and Ordering Form by pla re closing argument of parties on 10/1/04 (DMT) (Entered: 10/07/2004)
150 Transcript Designation and Ordering Form by dft DGB Technologies re all testimony of Dan Bach, Lee Eslich (DMT) (Entered: 10/07/2004)
151 TRANSCRIPT of Day 4 of trial before Judge Susan R Bolton by Court Reporter: Kim R Myrick for the following date(s): 10/1/04 (DMT) (Entered: 10/07/2004)
152 STIPULATION to extend time to 10/15/04 to file proposed findings of fact and conclusion of law by pla EEOC, dft DGB Technologies (DMT) (Entered: 10/13/2004)
153 ORDER by Judge Susan R. Bolton granting stipulation to extend time to 10/13/04 to file proposed findings of fact and conclusion of law by pla EEOC, dft DGB Technologies (cc: all counsel) (DMT) (Entered: 10/13/2004)
154 Proposed findings of fact by dft DGB Technologies (DMT) (Entered: 10/18/2004)
155 Proposed findings of fact by pla (DMT) (Entered: 10/18/2004)
158 NOTICE OF ERRATA by pla to findings of fact proposed findings of fact [155-1] (DMT) (Entered: 10/20/2004)
156 MOTION of Richard Goldberg to withdraw as counsel for movant (guarantor) Daniel G Bach by Daniel G Bach, 3216 East Piro Street Phoenix, AZ 85044-3658 (DMT) (Entered: 10/20/2004)
157 MOTION for order to show cause why Coast Energy & Daniel Bach should not be held in contempt for failure to comply with consent decree by pla [157-1] , and for sanctions against Coast Energy & Daniel Bach by pla [157-2] (DMT) (Entered: 10/20/2004)
159 NOTICE OF WITHDRAWAL by movant Daniel G Bach of motion of

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10/28/2004 11/09/2004 11/12/2004 11/18/2004
02/23/2005 02/23/2005 02/23/2005 03/02/2005 03/07/2005 03/25/2005

Richard Goldberg to withdraw as counsel for movant (guarantor) Daniel G Bach by Daniel G Bach, 3216 East Piro Street Phoenix, AZ 850443658 [156-1] (DMT) (Entered: 11/01/2004)
160 RESPONSE by movant Daniel G Bach to motion for order to show cause why Coast Energy & Daniel Bach should not be held in contempt for failure to comply with consent decree by pla [157-1], motion for sanctions against Coast Energy & Daniel Bach by pla [157-2] (DMT) (Entered: 11/01/2004)
161 REPLY by pla EEOC to response to motion for order to show cause why Coast Energy & Daniel Bach should not be held in contempt for failure to comply with consent decree by pla [157-1], motion for sanctions against Coast Energy & Daniel Bach by pla [157-2] (KCS) (Entered: 11/15/2004)
162 case stayed as to all proceedings NOTICE by movant Daniel G Bach of filing bankruptcy (SRB) (Entered: 11/17/2004)
163 ORDER by Judge Susan R. Bolton denying motion for order to show cause why Coast Energy & Daniel Bach should not be held in contempt for failure to comply with consent decree by pla [157-1], denying motion for sanctions against Coast Energy & Daniel Bach by pla [157-2] in light of the stay issued by the filing of bankrutpcy by D Bach and Coast Energy Management (cc: all counsel) (DMT) (Entered: 11/18/2004)
164 FINDINGS OF FACT and conclusions of law by Judge Susan R. Bolton (cc: all counsel) (KCS) (Entered: 02/23/2005)
164 ORDER by Judge Susan R. Bolton re: Findings of Fact [164-1] that judgment be entered in favor of pla and against dft DGB Technologies, Inc. in the amount of $225,000, and terminating case (cc: all counsel) (KCS) (Entered: 02/23/2005)
165 JUDGMENT: that pursuant to the Court's order dated February 23, 2005, judgment is entered in favor of Plaintiff and against Defendant DGB Technologies, Inc. in the amount of $225,000.00. Complaint and action are dismissed. (cc: all counsel) re: judgment [165-1] (KCS) (Entered: 02/23/2005)
166 ORDER by Judge Susan R. Bolton re: exhibits, that parties are to remove the exhibits from custody of the Clerk of Court by 3/28/05 or Clerk may destroy same. (cc: all counsel) re: order filed [166-1] (DMT) (Entered: 03/02/2005)
167 MINUTE ORDER that the exhibits marked and admitted in this case are returned to respective counsel. Counsel are directed to retain custody until the case has been terminated, including appeals. (cc: all counsel) [167-1] re: order (minute) [167-1] (KCS) (Entered: 03/09/2005)
168 NOTICE OF APPEAL by dft DGB Technologies from District Court judgment [165-1], Findings of Fact, Conclusions of Law and order [1641], [164-2] (cc: 9CCA/All Counsel/judge) (REW) (Entered: 03/29/2005)

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03/25/2005 03/29/2005 03/29/2005 05/10/2005 05/10/2005
02/06/2006
02/09/2006
03/07/2006 03/27/2006

Received $255.00 appeal fee re NOTICE OF APPEAL [168-1] (REW) (Entered: 03/29/2005)
Civil Appeals Docketing Statement forwarded to 9th Circuit re NOTICE OF APPEAL [168-1] (REW) (Entered: 03/29/2005)
APPEAL PACKET forwarded to all parties and 9th Circuit re: NOTICE OF APPEAL [168-1] (REW) (Entered: 03/29/2005)
Notification by 9th Circuit of Appellate Docket Number 05-15557 (per mandate) re NOTICE OF APPEAL [168-1] (REW) (Entered: 05/10/2005)
169 CERTIFIED COPY of 9th Circuit Mandate; parties have stipulated to the dismissal of this appeal; appeal dismissed; costs shall be allocated pursuant to the terms of the stipulation, re: 05-15557 [168-1] (cc: all counsel/judge) (REW) (Entered: 05/10/2005)
170 NOTICE of Attorney Substitution by Sally Clifford Shanley, Sally Clifford Shanley, Sally Clifford Shanley adding Sally Clifford Shanley and Sally Clifford Shanley for Equal Employment Opportunity Commission (Shanley, Sally) (Entered: 02/06/2006)
171 MOTION for Order to Show Cause Why DGB Technologies Should Not be Held in Contempt for Failure to Comply with Court Order by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A Declaration of P. David Lopez)(Lopez, P) (Entered: 02/09/2006)
172 ORDER to Show Cause Hearing set for 3/27/2006 10:00 AM before Judge Susan R Bolton. Signed by Judge Susan R Bolton on 3/7/06. (SRB) (Entered: 03/07/2006)
173 Minute Entry for proceedings held before Judge Susan R Bolton: Hearing re: 171 Plaintiff's Motion for Order to Show Cause Why DGB Technologies Should Not be Held in Contempt for Failure to Comply with Court Order. For reasons as stated on the record, IT IS ORDERED denying Plaintiff's Motion 171. (Court Reporter Kim Moll) (MAW) (Entered: 03/27/2006)

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