IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Civil Action No.: EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, v. OUTBACK STEAKHOUSE OF FLORIDA, INC. and OS RESTAURANT PARTNERS, INC. D/B/A OUTBACK STEAKHOUSE,
Defendants. ______________________________________________________________________________
COMPLAINT and JURY TRIAL DEMAND ______________________________________________________________________________
NATURE OF THE ACTION This is a public enforcement action under 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, to correct unlawful employment practices on the basis of gender, and to provide appropriate relief to Jennifer Turner-Reiger, Kelly Altizer, and other female employees and applicants, who were adversely affected by such practices. Plaintiff, the U.S. Equal Employment Opportunity Commission (“EEOC”), contends Defendants, Outback Steakhouse of Florida, Inc. and OS Restaurant Partners, Inc. d/b/a Outback Steakhouse (“Outback”), have engaged in a pattern or practice of discriminating against women by failing to hire women in management positions, by failing to promote women to management positions, and by discriminating against women in terms and conditions of employment, including without limitation, providing women less

favorable job assignments, less training opportunities, and less opportunity for advancement. 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, 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).
2

STATEMENT OF CLAIMS 6. More than thirty (30) days prior to the institution of this lawsuit, Jennifer TurnerReiger and Kelly Altizer, former employees of Defendant Outback, filed charges of discrimination with the EEOC on behalf of themselves and other similarly situated female employees, alleging violations of Title VII by Defendant. 7. All conditions precedent to the institution of this lawsuit have been fulfilled. 8. Since at least 2000, Defendant has denied equal employment opportunities to women, in violation of section 703(a) of Title VII, 42 U.S.C. §2000e-2(a), by failing to hire women in management positions, by failing to promote women to management positions, and by discriminating against women in terms and conditions of employment, including without limitation, providing less favorable job assignments, less training opportunities, and less opportunity for advancement. 9. In approximately December 2002, Jennifer Turner-Reiger was passed over for promotion in favor of less qualified male candidates. 10. In approximately September 2001, Kelly Altizer was denied management training in favor of less qualified male candidates. 11. Outback managers refused to provide cooperation to allow Kelly Altizer to complete the training necessary for her advancement. 12. Outback managers have made statements reflecting gender bias, including without limitation, the following:
3

(a) Joint Venture Partner Tom Flanagan stated that women managers had “let him down” and “lost focus” when they had children.
(b) Joint Venture Partner Tom Flanagan stated that women managers have trouble “saying no”.
(c) Joint Venture Partner Tom Flanagan stated that he wanted the “cute girls” to work in the front as servers.
(d) Managing Partner Ben Martinez stated that women could not work in the kitchen.
(e) Managing Partner Ben Martinez told Kelly Altizer that she should be a teacher instead of working in the restaurant business.
(f) Managing Partner Ben Martinez stated that he would never allow his wife to work. 13. Outback has denied women equal opportunities for promotion to manager positions. 14. Outback has denied women equal opportunities to work in kitchen management. 15. Kitchen management experience is required for promotion to Managing Partner. 16. Kitchen management experience is required for promotion to management above the Managing Partner level. 17. Outback has denied women equal opportunities for promotion to Managing Partner and higher levels of management. 18. Women employees at Outback have been treated less favorably than their male
4

colleagues in the terms and conditions of their employment, including without limitation, providing women less favorable job assignments, less training opportunities, and less opportunity for advancement.
FIRST CLAIM FOR RELIEF (Pattern or Practice of Gender Discrimination in Employment Practices) 19. Plaintiff realleges the foregoing paragraphs 1-18 of this Complaint. 20. The effect of the practices complained of in paragraphs 1-18 above has been to deprive equal employment opportunities to women and otherwise adversely affect the status of female employees and applicants based on their gender. 21. The unlawful employment practices complained of in paragraphs 1-18 above were and are intentional.
22. The unlawful employment practices complained of in paragraphs 1-18 above were and are done with malice or with reckless indifference to the federally protected rights of female employees and applicants.
PRAYER FOR RELIEF WHEREFORE, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendants, their officers, successors, assigns, and all persons in active concert or participation with them, from engaging in any employment policy or practice which discriminates against women, or retaliates against employees who report gender discrimination. B. Order Defendants to institute and carry out policies, practices, and programs which provide equal employment opportunities for all employees and applicants, regardless of
5

gender, and which eradicate the effects of its past unlawful employment practices, including retaliation.
C. Order Defendants to make whole Jennifer Turner-Reiger, Kelly Altizer, and a class of individuals subjected to unlawful discriminatory treatment based on gender, by providing appropriate backpay with prejudgment interest, and compensation for other past and future pecuniary losses, in amounts to be determined at trial.
D. Order Defendants to make whole Jennifer Turner-Reiger, Kelly Altizer, and a class of individuals subjected to unlawful discriminatory treatment based on gender, by reinstating them with all attendant rights and benefits, or awarding appropriate front pay in lieu thereof, in amounts to be determined at trial.
E. Order Defendants to make whole Jennifer Turner-Reiger, Kelly Altizer, and a class of individuals subjected to the unlawful discriminatory treatment based on gender, by providing compensation for past and future non-pecuniary losses, including emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life and humiliation, in amounts to be determined at trial;
F. Order Defendants to pay Jennifer Turner-Reiger, Kelly Altizer, and a class of individuals subjected to the unlawful discriminatory treatment based on gender, punitive damages for its malicious and/or reckless conduct described above, in amounts to be determined at trial;
G. Order Defendants and their successors to provide training to officers, managers and employees regarding gender discrimination and retaliation in the workplace;
H. Grant such further relief as the Court deems necessary and proper in the public
6

interest; and

I. Award the Commission its costs in this action.

JURY TRIAL DEMAND

The Commission requests a jury trial on all questions of fact raised by this Complaint.

Dated: September 28, 2006

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 nancy.weeks@eeoc.gov 303-866-1947
s/ Rita Byrnes Kittle___ RITA BYRNES KITTLE Senior Trial Attorney EEOC Denver Field Office 303 E. 17th Ave., Suite 510 Denver, CO 80203 rita.kittle@eeoc.gov 303-866-1347

ANN

s/ Ann Fuller

FULLER

Senior

Trial Attorney

ann.fuller@eeoc.gov

303-866-1319

7

 
 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Civil Action No. 06-cv-01935-EWN-BNB EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, vs. OUTBACK STEAKHOUSE OF FLORIDA, INC. and OS RESTAURANT PARTNERS, INC. D/B/A OUTBACK STEAKHOUSE,
Defendants KELLY ALTIZER and JENNIFER TURNER-RIEGER
Intervenors. COMPLAINT IN INTERVENTION AND JURY DEMAND
The Plaintiffs/Intervenors, Kelly Altizer and Jennifer Turner-Rieger, by and through their counsel, having been permitted to intervene in this case, complain against the Defendants, Outback Steakhouse of Florida, Inc. and OS Restaurant Partners, Inc. d/b/a! Outback Steakhouse ("Outback Steakhouse"), as follows:
JURISDICTION AND VENUE 1. Jurisdiction ofthis Court is invoked pursuant to 28 U.S.C. §§ 1331 and 1343. 2. This action is authorized and instituted pursuant to Sections 706(f)(1) and (3) ofTitle VIl of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e-5(f)(1) and (3). 3. Venue is proper in this Court pursuant to 28 U.S.C. § 1391(b) and 42 U.S.C. § 2000e5(f)(3) because a substantial number of the unlawful employment practices alleged herein were
1

committed within the jurisdictional boundaries ofthe United States District Court for the District of Colorado and the employment records relevant to this complaint are maintained and administered in the State of Colorado. 4. Plaintiffs/Intervenors timely filed Charges of Discrimination with the EEOC, and all procedural prerequisites for the filing ofthis suit have been met.
PARTIES 5. Kelly Altizer ("Plaintiff/Intervenor"), is and was at all times relevant hereto, a resident ofthe State of Colorado. 6. Jennifer Turner-Rieger ("Plaintiff/Intervenor"), is and was at all times relevant hereto, a resident of the State of Colorado. 7. 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. 8. At all relevant times, Defendants have continuously been an employer engaged in an industry affecting commerce within the meaning of 42 U.S.C. §§ 2000e (b), (g) and (h). 9. At all relevant times, Defendants were the employer of Plaintiffs/Intervenors within the meaning of Title VII.
GENERAL ALLEGATIONS Jennifer Turner-Rieger
10. Plaintiff/Intervenor Jennifer Turner-Rieger, who is female, worked for Outback Steakhouse for over ten (10) years. 11. Ms. Turner-Rieger began her career with Defendants as a waitress, working her way up through numerous positions. Due to her expertise, Ms. Turner-Rieger was selected to open several
2

new Outback restaurants throughout the world, and was even responsible for training the President of the Company. 12. Each Outback restaurant has a team of three managers: the Store Proprietor, who has an ownership interest in the restaurant, the Front-of-the-House Manager, and the Kitchen Manager. The Front-of-the-House Manager position is a low-paid position that requires long hours and is seen as a training ground for the Proprietor position. Employees take the Front-of-the-House Manager position in order to be promoted to a highly-compensated Store Proprietor position. 13. In 2000, Ms. Turner-Rieger applied for the Front-of-the-House Manager position for the Westminster restaurant. Ms. Turner-Rieger was the only applicant for the position. She was interviewed for the position by Tom Flanagan, the Joint-Venture Partner, who, during the interview, inquired about whether she planned on having children. In the interview, Mr. Flanagan complained about another female employee who had "let him down" when she had a baby. It was only after Ms. Turner-Rieger assured Mr. Flanagan that she did not intend to have children that she was promoted to this management position. 14. When Ms. Turner-Rieger was promoted to Front-of-the-House Manager in 2000, she was the only female in this position. Mr. Flanagan's region, which included 23 restaurants, had no female kitchen managers and only one female Proprietor. 15. During the summer of2002, after she had been a manager for two years, Ms. Turner-Rieger approached Mr. Flanagan about a promotion to Store Proprietor. There were several new restaurants opening in Mr. Flanagan's region. Despite her excellent qualifications, Defendants refused to promote Ms. Turner-Rieger to Store Proprietor and, instead, promoted and hired less-qualified males into these positions.
3

16. In early 2003, after it was announced that another two less-qualified males were being promoted above her, Ms. Turner-Rieger approached Mr. Flanagan again about her failure to be promoted. Mr. Flanagan responded by stating, "Women have problems delegating," and saying "no," and this led to his female managers failing or quitting. 17. Recognizing that she had no future with the company, Ms. Turner-Rieger was forced to resign her position on February 28,2003.
Kelly Altizer 18. Ms. Altizer, who is female, began her career with Defendants in 2000 as a waitress. Initially, Ms. Altizer was quickly promoted through the ranks, to Head Waiter and then to Key Manager, an hourly management position. 19. In 2001, Ms. Altizer sought to be promoted to a management position. Although she was qualified for the management training program in 2001, Ms. Altizer's management training was delayed until January 2002, so that a less-qualified male employee could complete the training first. 20. After completing the management training, on October 31,2002, Ms. Altizer became a traveling manager and then was assigned the Front-of-the-House Manager position for the Thornton restaurant. While she was the Front-of-the-House Manager, Ms. Altizer reported to Ben Martinez, who was the Store Proprietor for the Thornton Restaurant. 21. Throughout her tenure as the Front-of-the-House Manager, Ms. Altizer was discriminated against on the basis of her gender. She was paid less than similarly-situated male counterparts, denied training despite her repeated requests, and denied support.
4

22. Ms. Altizer's manager, Mr. Martinez, refused to support her in her position and continuously tried to encourage Ms. Altizer to quit. 23. Ms. Altizer complained to Mr. Martinez about his discrimination, and she complained to the Joint Venture Partner, Tom Flanagan, about Mr. Martinez' discrimination, telling him that Mr. Martinez was obstructing her career. 24. Mr. Flanagan refused to address Ms. Altizer's complaints. As a result of her complaints of discrimination, Ms. Altizer was subjected to even more hostility. Mr. Martinez regularly yelled at Ms. Altizer, unjustifiably criticized her work, withheld information she needed to do her job, and undermined her authority. 25. Due to the hostile work environment and Defendants' failure to take any action, as well as the lack of any career opportunities, Ms. Altizer was forced to terminate her employment on February 5, 2004.
FIRST CLAIM FOR RELIEF (Gender Discrimination)
26. Plaintiffs/Intervenors incorporate by reference paragraphs numbered 1 through 25. 27. By virtue of their gender, Plaintiffs/Intervenors belong to a protected group under Title VII. 28. Defendants discriminated against Plaintiffs/Intervenors in the terms and conditions of their employment, including paying Plaintiffs/Intervenors less than their similarly-situated male counterparts, and denying them training and promotional opportunities. 29. Defendants have created a glass ceiling for its female employees, including Plaintiffs/Intervenors.
5

30. Despite the fact that Plaintiffs/illtervenors were qualified, Defendants refused to promote them to the position of Store Proprietor and, instead, promoted less-qualified male employees. 31. Defendants discriminated against Plaintiffs/illtervenors with malice and reckless indifference to their federally protected rights, forcing them to constructively discharge their employment. 32. As a proximate result of the Defendants' retaliatory actions, Plaintiffsifutervenors suffered and continue to suffer loss of wages, loss of career, loss of benefits, emotional distress, inconvenience, mental anguish, loss of enjoyment of life and other consequential damages.
SECOND CLAIM FOR RELIEF (Retaliation)
33. Plaintiffs/illtervenors incorporate by reference paragraphs numbered 1 through 32. 34. Plaintifflilltervenor Kelly Altizer complained to her manager, Ben Martinez, and to Tom Flanagan, the Joint-Venture Partner, regarding the gender discrimination she was facing. 35. After Plaintifflilltervenor Altizer complained ofthe illegal conduct, she was retaliated against. 36. Defendants intentionally retaliated against Plaintifflilltervenor Altizer for complaining of illegal sex discrimination, forcing her to terminate her employment. 37. Defendants retaliated against Plaintiff/illtervenor Altizer with malice and reckless indifference to her federally protected rights. 38. As a proximate result ofthe Defendants' retaliatory actions, Plaintiffifutervenor Altizer suffered and continues to suffer loss of wages, loss of career, loss of benefits, emotional distress, inconvenience, mental anguish, loss of enjoyment of life and other consequential damages.
6

WHEREFORE, Plaintiffs/Intervenors respectfully request the Court to grant the following relief: 1. Award Plaintiffs/Intervenors back pay and actual damages in an amount to be shown at trial to compensate them for lost wages, benefits, and employment opportunities; 2. Award Plaintiffs/Intervenors front pay in an amount to be shown at trial; 3. Award Plaintiffs/Intervenors compensatory and punitive damages; 4. Retain jurisdiction of this matter to ensure full compliance with the Orders of this Court; 5. Award Plaintiffs/Intervenors reasonable attorneys' fees and costs of this litigation as provided under Title VII; 6. Award Plaintiffs/Intervenors pre-judgment and post-judgment interest and costs ofthis action together with reasonable expert witness fees as provided by law; 7. Declare that the acts and practices complained of herein are in violation of Title VII and constituted intentional andlor willful conduct by Defendants; 8. Enjoin and permanently restrain these violations of Title VII; and 9. Grant such other and further relief as this Court deems necessary and proper.
JURY TRIAL DEMAND Plaintiffs/Intervenors respectfully request a jury trial on all questions of fact raised by this complaint.
7

LOHF SHAIMAN JACOBS HYMAN & FElGER PC

By:

sf Stephanie Struble

Lynn Feiger

Stephanie Struble

950 S. Cherry St., Suite 900

Denver, CO 80246

(303) 753-9000 (phone)

(303) 753-9997 (fax)

Intervenors' Mailing Addresses:

Kelly Altizer 2800 West 103rd Avenue, Apt 1424
Federal Heights, CO 80260

Jennifer Turner-Rieger 1190 Hancock Drive Boulder, CO 80303

CERTIFICATE OF SERVICE
I hereby certify that on this 4th day of December 2006, I electronically filed the foregoing COMPLAINT IN INTERVENTION AND JURY DEMAND with the Clerk ofthe Court using the CMfECF system which will send notification of such filing to the following email address:
Rita Byrnes Kittle EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Rita.kittle@eeoc.gov
And that I served a copy ofthe foregoing via email to:
Richard S. Mandelson BAKER & HOSTETLER, LLP rmandelson@bakerlaw.com
sf Stephanie Struble
8

 
 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Civil Action No. 06-cv-OI935-EWN-BNB EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, vs. OUTBACK STEAKHOUSE OF FLORIDA, INC. and OS RESTAURANT SERVICES, INC.
Defendants KELLY ALTIZER and JENNIFER TURNER-RIEGER
Intervenors. AMENDED COMPLAINT IN INTERVENTION AND JURY DEMAND
The Plaintiffs/Intervenors, Kelly Altizer and Jennifer Turner-Rieger, by and through their counsel, complain against the Defendants Outback Steakhouse of Florida, Inc. and OS Restaurant Services, Inc. ("Outback Steakhouse"), as follows:
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 1331 and 1343. 2. This action is authorized and instituted pursuant to Sections 706(:t)(1) and (3) ofTitle VII of the Civil Rights Act of 1964, as amended, 42 U.S.c. §§ 2000e-5(:t)(1) and (3). 3. Venue is proper in this Court pursuant to 28 U.S.c. § 1391(b) and 42 U.S.C. § 2000e5(:t)(3) because a substantial number ofthe unlawful employment practices alleged herein were committed within the jurisdictional boundaries ofthe United States District Court for the District
1

of Colorado and the employment records relevant to this complaint are maintained and administered in the State of Colorado. 4. Plaintiffs/Intervenors timely filed Charges of Discrimination with the EEOC, and all procedural prerequisites for the filing ofthis suit have been met. 5. On September 28,2005, the EEOC issued its determination filing that Charging Parties and a class of females were discriminated against in violation of Title VII.
PARTIES 6. Kelly Altizer ("Plaintiffllntervenor"), is and was at all times relevant hereto, a resident ofthe State of Colorado. 7. Jennifer Turner-Rieger ("Plaintiff/Intervenor"), is and was at all times relevant hereto, a resident of the State of Colorado. 8. 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. 9. At all relevant times, Defendants have continuously been an employer engaged in an industry affecting commerce within the meaning of 42 U.S.C. §§ 2000e (b), (g) and (h). 10. At all relevant times, Defendants were the employer of Plaintiffs/Intervenors within the meaning of Title VII.
GENERAL ALLEGATIONS Jennifer Turner-Rieger
11. Plaintiff/Intervenor Jennifer Turner-Rieger, who is female, worked for Outback Steakhouse for over ten (10) years. 12. Ms. Turner-Rieger began her career with Defendant as a waitress, working her way up
2

through numerous positions. Due to her expertise, Ms. Turner-Rieger was selected to open several new Outback restaurants throughout the world, and was even responsible for training the President of the Company. 13. Each Outback restaurant has a team of three managers: the Store Proprietor, who has an ownership interest in the restaurant, the Front-of-the-House Manager, and the Kitchen Manager. The Front-of-the-House Manager position is a low-paid position that requires long hours and is seen as a training ground for the Proprietor position. Employees take the Front-of-the-House Manager position in order to be promoted to a highly-compensated Store Proprietor position. 14. In 2000, Ms. Turner-Rieger applied for the Front-of-the-House Manager position for the Westminster restaurant. Ms. Turner-Rieger was the only applicant for the position. She was interviewed for the position by Tom Flanagan, the Joint-Venture Partner, who, during the interview, inquired about whether she planned on having children. In the interview, Mr. Flanagan complained about another female employee who had "let him down" when she had a baby. It was only after Ms. Turner-Rieger assured Mr. Flanagan that she did not intend to have children that she was promoted to this management position. 15. When Ms. Turner-Rieger was promoted to Front-of-the-House Manager in 2000, she was the only female in this position. Mr. Flanagan's region, which included 23 restaurants, had no female kitchen managers and only one female Proprietor. 16. During the summer of 2002, after she had been a manager for two years, Ms. Tumer-Rieger approached Mr. Flanagan about a promotion to Store Proprietor. There were several new restaurants opening in Mr. Flanagan's region. Despite her excellent qualifications, Defendant refused to promote Ms. Turner-Rieger to Store Proprietor and, instead, promoted and hired less-qualified males
3

into these positions. 17. In early 2003, after it was announced that another two less-qualified males were being promoted above her, Ms. Turner-Rieger approached Mr. Flanagan again about her failure to be promoted. Mr. Flanagan responded by stating, "Women have problems delegating," and saying "no," and this led to his female managers failing or quitting. 18. Recognizing that she had no future with the company, Ms. Turner-Rieger was forced to resign her position on February 28,2003.
Kelly Altizer 19. Ms. Altizer, who is female, began her career with Defendants in 2000 as a waitress. Initially, Ms. Altizer was quickly promoted through the ranks, to Head Waiter and then to Key Manager, an hourly management position. 20. In 2001, Ms. Altizer sought to be promoted to a management position. Although she was qualified for the management training program in 2001, Ms. Altizer's management training was delayed until January 2002, so that a less-qualified male employee could complete the training first. 21. After completing the management training, on October 31, 2002, Ms. Altizer became a traveling manager and then was assigned the Front-of-the-House Manager position for the Thornton restaurant. While she was the Front-of-the-House Manager, Ms. Altizer reported to Ben Martinez, who was the Store Proprietor for the Thornton Restaurant. 22. Throughout her tenure as the Front-of-the-House Manager, Ms. Altizer was discriminated against on the basis of her gender. She was paid less than similarly-situated male counterparts, subjected to a hostile work environment, denied training despite her repeated requests, and
4

denied support. 23. Ms. Altizer's manager, Mr. Martinez, continuously berated Ms. Atizer, refused to support her in her position, and continuously tried to encourage Ms. Altizer to quit. 24. Ms. Altizer complained to Mr. Martinez about his discrimination, and she complained to the Joint Venture Partner, Tom Flanagan, about Mr. Martinez' discrimination, telling him that Mr. Martinez was obstructing her career. 25. Mr. Flanagan refused to address Ms. Altizer's complaints. As a result of her complaints of discrimination, Ms. Altizer was subjected to even more hostility. Mr. Martinez regularly yelled at Ms. Altizer, unjustifiably criticized her work, withheld information she needed to do her job, and undermined her authority. 26. Due to the hostile work environment and Defendant's failure to take any action, as well as the lack of any career opportunities, Ms. Altizer was forced to terminate her employment on February 5, 2004.
FIRST CLAIM FOR RELIEF (Gender Discrimination)
27. Plaintiffs/Intervenors incorporate by reference paragraphs numbered 1 through 25. 28. By virtue oftheir gender, Plaintiffs/Intervenors belong to a protected group under Title VII. 29. Defendants discriminated against Plaintiffs/Intervenors in the terms and conditions of their employment, including paying Plaintiffs/Intervenors less than their similarly-situated male counterparts, subj ecting Intervenor Altizer to a hostile work environment, and denying them training and promotional opportunities.
5

30. Defendants have created a glass ceiling for its female employees, including Plaintiffs/Intervenors. 31. Despite the fact that Plaintiffs/Intervenors were qualified, Defendants refused to promote them to the position of Store Proprietor and, instead, promoted less-qualified male employees. 32. Defendants discriminated against Plaintiffs/Intervenors with malice and reckless indifference to their federally protected rights, forcing them to constructively discharge their employment. 33. As a proximate result of the Defendants' retaliatory actions, Plaintiffs/Intervenors suffered and continue to suffer loss of wages, loss of career, loss of benefits, emotional distress, inconvenience, mental anguish, loss of enjoyment oflife and other consequential damages.
SECOND CLAIM FOR RELIEF (Retaliation)
34. Plaintiffs/Intervenors incorporate by reference paragraphs numbered 1 through 32. 35. Plaintiff/Intervenor Kelly Altizer complained to her manager, Ben Martinez, and to Tom Flanagan, the Joint-Venture Partner, regarding the gender discrimination she was facing. 36. After Plaintiff/Intervenor Altizer complained of the illegal conduct, she was retaliated against. 37. Defendants intentionally retaliated against Plaintiff/Intervenor Altizer for complaining of illegal sex discrimination, forcing her to terminate her employment. 38. Defendants retaliated against Plaintiff/Intervenor Altizer with malice and reckless indifference to her federally protected rights.
6

39. As a proximate result of the Defendants' retaliatory actions, Plaintiff/Intervenor Altizer suffered and continues to suffer loss of wages, loss of career, loss of benefits, emotional distress, inconvenience, mental anguish, loss of enjoyment oflife and other consequential damages.
WHEREFORE, PlaintiffslIntervenors respectfully request the Court to grant the following relief: 1. Award Plaintiffs/Intervenors back pay and actual damages in an amount to be shown at trial to compensate them for lost wages, benefits, and employment opportunities; 2. Award Plaintiffs/Intervenors front pay in an amount to be shown at trial; 3. Award Plaintiffs/Intervenors compensatory and punitive damages; 4. Retain jurisdiction of this matter to ensure full compliance with the Orders of this Court; 5. Award Plaintiffs/Intervenors reasonable attorneys' fees and costs of this litigation as provided under Title VII; 6. Award Plaintiffs/Intervenors pre-judgment and post-judgment interest and costs of this action together with reasonable expert witness fees as provided by law; 7. Declare that the acts and practices complained of herein are in violation of Title VII and constituted intentional and/or willful conduct by Defendants; 8. Enjoin and permanently restrain these violations of Title VII; and 9. Grant such other and further relief as this Court deems necessary and proper.
JURY TRIAL DEMAND Plaintiffs/Intervenors respectfully request a jury trial on all questions of fact raised by this complaint.
7

LOHF SHAIMAN JACOBS HYMAN & FElGER PC

By:

sf Stephanie Struble

Lynn Feiger

Stephanie Struble

950 S. Cherry St., Suite 900

Denver, CO 80246

(303) 753-9000 (phone)

(303) 753-9997 (fax)

Intervenors' Mailing Addresses:

Kelly Altizer 2800 West 103rd Avenue, Apt 1424
Federal Heights, CO 80260

Jennifer Turner-Rieger 1190 Hancock Drive Boulder, CO 80303

CERTIFICATE OF SERVICE
I hereby certify that on this 26th day of January 2007, I electronically filed the foregoing COMPLAINT IN INTERVENTION AND JURY DEMAND with the Clerk of the Court using the CMlECF system which will send notification of such filing to the following email address:
Rita Byrnes Kittle EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Rita.kittle@eeoc.gov
Richard S. Mandelson BAKER & HOSTETLER, LLP rmandelson@bakerlaw.com
sf Stephanie Struble

8

 
 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Civil Action No. 06-cv-01935-EWN-BNB EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, v. OUTBACK STEAKHOUSE OF FLORIDA, INC. and OS RESTAURANT SERVICES, INC. D/B/A OUTBACK STEAKHOUSE,
Defendants. ______________________________________________________________________________
EEOC’s FIRST AMENDED COMPLAINT and JURY TRIAL DEMAND ______________________________________________________________________________
NATURE OF THE ACTION This is a public enforcement action under 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, to correct unlawful employment practices on the basis of gender, and to provide appropriate relief to Jennifer Turner-Reiger, Kelly Altizer, and other female employees and applicants, who were adversely affected by such practices. Plaintiff, the U.S. Equal Employment Opportunity Commission (“EEOC”), contends Defendants, Outback Steakhouse of Florida, Inc. and OS Restaurant Services, Inc. d/b/a Outback Steakhouse (“Outback”), have engaged in a pattern or practice of discriminating against women by failing to hire women in management positions, by failing to promote women to management positions, and by discriminating against women in terms and conditions of employment, including without limitation, providing women less

favorable job assignments, less training opportunities, and less opportunity for advancement. 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, 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).
2

STATEMENT OF CLAIMS 6. More than thirty (30) days prior to the institution of this lawsuit, Jennifer TurnerReiger and Kelly Altizer, former employees of Defendant Outback, filed charges of discrimination with the EEOC on behalf of themselves and other similarly situated female employees, alleging violations of Title VII by Defendant. 7. All conditions precedent to the institution of this lawsuit have been fulfilled. 8. Since at least 2000, Defendant has denied equal employment opportunities to women, in violation of section 703(a) of Title VII, 42 U.S.C. §2000e-2(a), by failing to hire women in management positions, by failing to promote women to management positions, and by discriminating against women in terms and conditions of employment, including without limitation, providing less favorable job assignments, less training opportunities, and less opportunity for advancement. 9. In approximately December 2002, Jennifer Turner-Reiger was passed over for promotion in favor of less qualified male candidates. 10. In approximately September 2001, Kelly Altizer was denied management training in favor of less qualified male candidates. 11. Outback managers refused to provide cooperation to allow Kelly Altizer to complete the training necessary for her advancement. 12. Outback managers have made statements reflecting gender bias, including without limitation, the following:
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(a) Joint Venture Partner Tom Flanagan stated that women managers had “let him down” and “lost focus” when they had children.
(b) Joint Venture Partner Tom Flanagan stated that women managers have trouble “saying no”.
(c) Joint Venture Partner Tom Flanagan stated that he wanted the “cute girls” to work in the front as servers.
(d) Managing Partner Ben Martinez stated that women could not work in the kitchen.
(e) Managing Partner Ben Martinez told Kelly Altizer that she should be a teacher instead of working in the restaurant business.
(f) Managing Partner Ben Martinez stated that he would never allow his wife to work. 13. Outback has denied women equal opportunities for promotion to manager positions. 14. Outback has denied women equal opportunities to work in kitchen management. 15. Kitchen management experience is required for promotion to Managing Partner. 16. Kitchen management experience is required for promotion to management above the Managing Partner level. 17. Outback has denied women equal opportunities for promotion to Managing Partner and higher levels of management. 18. Women employees at Outback have been treated less favorably than their male
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colleagues in the terms and conditions of their employment, including without limitation, providing women less favorable job assignments, less training opportunities, and less opportunity for advancement.
FIRST CLAIM FOR RELIEF (Pattern or Practice of Gender Discrimination in Employment Practices) 19. Plaintiff realleges the foregoing paragraphs 1-18 of this Complaint. 20. The effect of the practices complained of in paragraphs 1-18 above has been to deprive equal employment opportunities to women and otherwise adversely affect the status of female employees and applicants based on their gender. 21. The unlawful employment practices complained of in paragraphs 1-18 above were and are intentional.
22. The unlawful employment practices complained of in paragraphs 1-18 above were and are done with malice or with reckless indifference to the federally protected rights of female employees and applicants.
PRAYER FOR RELIEF WHEREFORE, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendants, their officers, successors, assigns, and all persons in active concert or participation with them, from engaging in any employment policy or practice which discriminates against women, or retaliates against employees who report gender discrimination. B. Order Defendants to institute and carry out policies, practices, and programs which provide equal employment opportunities for all employees and applicants, regardless of
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gender, and which eradicate the effects of its past unlawful employment practices, including retaliation.
C. Order Defendants to make whole Jennifer Turner-Reiger, Kelly Altizer, and a class of individuals subjected to unlawful discriminatory treatment based on gender, by providing appropriate backpay with prejudgment interest, and compensation for other past and future pecuniary losses, in amounts to be determined at trial.
D. Order Defendants to make whole Jennifer Turner-Reiger, Kelly Altizer, and a class of individuals subjected to unlawful discriminatory treatment based on gender, by reinstating them with all attendant rights and benefits, or awarding appropriate front pay in lieu thereof, in amounts to be determined at trial.
E. Order Defendants to make whole Jennifer Turner-Reiger, Kelly Altizer, and a class of individuals subjected to the unlawful discriminatory treatment based on gender, by providing compensation for past and future non-pecuniary losses, including emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life and humiliation, in amounts to be determined at trial;
F. Order Defendants to pay Jennifer Turner-Reiger, Kelly Altizer, and a class of individuals subjected to the unlawful discriminatory treatment based on gender, punitive damages for its malicious and/or reckless conduct described above, in amounts to be determined at trial;
G. Order Defendants and their successors to provide training to officers, managers and employees regarding gender discrimination and retaliation in the workplace;
H. Grant such further relief as the Court deems necessary and proper in the public
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interest; and
I. Award the Commission its costs in this action.
JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by this Complaint.
Dated: January 30, 2007
Respectfully submitted,
NANCY A. WEEKS Supervisory Trial Attorney
s/ Rita Byrnes Kittle RITA BYRNES KITTLE Trial Attorney (303) 866-1347
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Denver District Office 303 E. 17th Ave., Suite 510 Denver, CO 80203

 
 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Boyd N. Boland
Civil Action No. 06-cv-01935-EWN-BNB EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, and KELLY ALTIZER, and JENNIFER TURNER-RIEGER, Intervenor Plaintiffs, v. OUTBACK STEAKHOUSE OF FLORIDA, INC., and OS RESTAURANT PARTNERS, INC., d/b/a Outback Steakhouse, Defendants. ______________________________________________________________________________
ORDER ______________________________________________________________________________
This matter is before me on the Defendants’Motion for Protective Order Regarding
Plaintiff EEOC’s First and Second Requests for Production of Documents and Plaintiff EEOC’s Notice of Deposition of OS Restaurant Services, Inc., Pursuant to F.R.C.P. 30(b)(6) [Doc. # 21, filed 1/16/2007] (the “Motion”). I held a hearing on the Motion this
morning and made rulings on the record, which are incorporated here. In summary and for the reasons stated on the record:
IT IS ORDERED that the Motion is GRANTED with respect to Production Request No. 2, except insofar as the defendants have agreed to make discovery as provided on page 17 of their reply, and as that compromise was modified by me on the record this morning; and is GRANTED

with respect to Production Requests No. 1 and 3 to limit the scope of the requests to January 1, 2002 and thereafter.
IT IS FURTHER ORDERED that the Motion is DENIED in all other respects. IT IS FURTHER ORDERED that the defendants shall make supplemental discovery responses consistent with this order on or before March 30, 2007. Dated March 1, 2007.
BY THE COURT: s/ Boyd N. Boland United States Magistrate Judge

 
 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Chief Judge Edward W. Nottingham
Civil Action No. 06–cv–01935–EWN–BNB
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff,
v. OUTBACK STEAK HOUSE OF FLORIDA, INC., and OS RESTAURANT PARTNERS, INC., d/b/a OUTBACK STEAKHOUSE,
Defendants. ______________________________________________________________________________
ORDER AND MEMORANDUM OF DECISION ______________________________________________________________________________
This case involves a civil public enforcement action brought by the Equal Employment Opportunity Commission (“EEOC”) alleging that Defendants Outback Steakhouse of Florida, Inc. and OS Restaurant Partners, Inc., d/b/a Outback Steakhouse have engaged in a pattern or practice of discriminating against women by failing to hire and promote them and by discriminating against them in their terms and conditions of employment. This matter is before the court on “Defendants’ Motion to Dismiss Individual Claims of Plaintiff-Intervenor Kelly Altizer,” filed January 30, 2007. Jurisdiction is premised upon the existence of a federal question under 28 U.S.C. § 1331 (2006)

FACTUAL BACKGROUND I review only the facts and procedural history relevant to this motion. Plaintiff-Intervenor Kelly Altizer has intervened in the instant public enforcement action filed by the EEOC against Defendants. (See Mot. for Leave to Intervene as Party Pls. [filed Nov. 13, 2006] [hereinafter “Mot. to Intervene”]; Order [filed Nov. 14, 2006].) She contends Defendants discriminated against based on her gender and retaliated against when she complained of discrimination. (See Mot. to Intervene.) The following facts are taken from Altizer’s amended complaint and the parties’ various submissions related to this motion. All facts are viewed in the light most favorable to Altizer. I may properly consider documents outside the pleadings because — as discussed below — I convert Defendants’ motion to dismiss into one for summary judgment. (See Analysis § 1, infra.) Altizer was employed by Outback Steakhouse (“Outback”) from approximately April 2000 to February 5, 2004. (Am. Compl. in Intervention and Jury Demand ¶¶ 19, 26 [filed Jan. 26, 2007] [hereinafter “Am. Compl.”].) On June 30, 2004, Altizer filed a Charge of Discrimination (“Charge”) with the EEOC. (Id. ¶ 4; Intervenor Altizer’s Resp. to Defs.’ Mot. to Dismiss Individual Claims of Pl.-Intervenor Kelly Alizer at 2 [filed Mar. 2, 2007] [hereinafter “Altizer Resp.”].) On August 12, 2005, Altizer filed a Voluntary Petition for Chapter 7 bankruptcy. (Defs.’ Mot. to Dismiss Individual Claims of Pl.-Intervenor Kelly Altizer, Ex. 1 [Petition] [filed Jan. 30, 2007] [hereinafter “Defs.’ Br.”].) Item 4.a. of the “Statement of Financial Affairs,” attached to Altizer’s petition, asked the debtor to: “List all suits and administrative proceedings to which the debtor is or was a party within one year immediately
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preceding the filing of this bankruptcy case.” (Id., Ex. 1 at 4 [Petition] [emphasis in original].) In response to Item 4.a., Altizer marked “none.” (Id.) Altizer declared under penalty of perjury that her statement of financial affairs was true and correct to the best of her knowledge, information, and belief. (Id., Ex. 1 at 6 [Petition].)
Altizer was represented by counsel in filing her bankruptcy petition and related papers. (Id., Ex. 2 [Disclosure of Compensation of Att’y for Debtor].) Altizer admits that she reviewed the final bankruptcy schedules and signed them, but claims that she did not understand that the Charge should have been listed as an “administrative proceeding” on her financial statement. (Altizer’s Resp., Ex. 1 at 1 [Altizer’s Decl.].) Further, she explains that her bankruptcy attorney’s intake questionnaire only required her to disclose whether she had been involved in any “lawsuits” in the prior year, to which she truthfully answered “no.” (Id., Ex. 1 at 1, 5 [Altizer’s Decl.; Att’y Questionnaire].) Altizer’s attorney did not ask whether she had a pending EEOC charge or any other claim. (Id.)
On September 28, 2005, the EEOC issued a determination that Defendants discriminated against Altizer and a class of females. (Am. Compl. ¶ 5.) On November 23, 2005, the bankruptcy court granted Debtor-Altizer a discharge. (Defs.’ Br., Ex. 3 [Discharge].) On December 9, 2005, the bankruptcy court issued an order accepting the trustee’s (hereinafter “Trustee”) report and closing the bankruptcy case. (Id., Ex. 4 [Docket Report].)
Defendants filed the instant motion to dismiss Altizer’s claims on January 30, 2007, arguing Altizer is not the real party in interest and her failure to disclose the Charge in her bankruptcy petition warrants application of the doctrine of judicial estoppel. (Defs.’ Br.) On
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March 2, 2007, Altizer responded to Defendants’ motion, explaining that their filing alerted her that she should have listed the Charge on her bankruptcy petition. (Altizer’s Resp. at 3, Ex. 1 at 1 [Altizer Decl.].) As a result, she claims to have immediately rehired her bankruptcy attorney to re-open the bankruptcy proceedings and amend her schedules. (Id.) On February 22, 2007, the bankruptcy judge granted Altizer’s motion to reopen her bankruptcy case based upon her amended schedule, which included the Charge. (Id., Ex. 2 [2/22/07 Bankr. Order]; Ex. 3 at 4 [Am. Schedule].) On March 27, 2007, Defendants replied in support of their motion. (Reply in Supp. of Defs.’ Mot. to Dismiss Individual Claims of Pl.-Intervenor Kelly Altizer [filed Mar. 27, 2007] [hereinafter “Defs.’ Reply”].) On April 13, 2007, Trustee filed a ratification document with this court stating that he: (1) understands that he, not Altizer, is the real party in interest to the instant action; (2) consents to the continuation of the action in Altizer’s name and agrees to be bound by the outcome of the litigation; (3) seeks to obtain recovery on behalf of the creditors to Altizer’s bankruptcy estate; and (4) would, upon order of this court, intervene in the action, although he would prefer for it to continue in Altizer’s name. (Ratification of Bankr. Trustee [filed Apr. 13, 2007] [hereinafter “Ratification”].) This issue is fully briefed and ripe for review.
ANALYSIS 1. Legal Standard
Defendants move to dismiss Altizer’s amended complaint pursuant to Federal Rule of Civil Procedure 12(b)(1) for lack of subject matter jurisdiction and 12(b)(6) for failure to state a claim upon which relief can be granted. (Defs.’ Br.) As will be seen below, Defendants’ claims do not actually implicate jurisdictional concerns; thus I need not review the standard for dismissal
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under Rule 12(b)(1). Moreover, I find Defendants’ Rule 12(b)(6) motion to dismiss must be converted into a motion for summary judgment. “A 12(b)(6) motion must be converted into a motion for summary judgment if ‘matters outside the pleadings are presented to and not excluded by the court’ and ‘all parties . . . [are] given a reasonable opportunity to present all material made pertinent to such a motion by [Federal Rule of Civil Procedure] 56.’” GFF Corp. v. Associated Wholesale Grocers, 130 F.2d 1381, 1384 (10th Cir. 1997) (quoting Brown v. Zavaras, 63 F.3d 967, 970 [10th Cir. 1995]). In the case sub judice, Defendants and Altizer submitted substantial numbers of documents outside the pleadings to support their arguments. (See, e.g., Defs.’ Br., Ex. 1 [Altizer Bankr. Petition]; Altizer’s Resp., Ex. 1 [Altizer Decl.].) The facts are essentially undisputed, and neither party has indicated that the court is prohibited from considering any documents before it or claimed an insufficient opportunity to present all material pertinent to the instant issue. (See Defs.’ Br.; Altizer’s Resp.; Defs.’ Reply.) Consequently, I consider Defendants’ motion under the summary judgment standard.
Pursuant to Rule 56(c) of the Federal Rules of Civil Procedure, the court may grant summary judgment where “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(c) (2007); see Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248–50 (1986); Concrete Works, Inc. v. City & County of Denver, 36 F.3d 1513, 1517 (10th Cir. 1994). The moving party bears the initial burden of showing an absence of evidence to support the nonmoving party’s case. Celotex Corp. v. Catrett, 477 U.S. 317, 325 (1986). “Once the moving party meets this burden, the
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burden shifts to the nonmoving party to demonstrate a genuine issue for trial on a material matter.” Concrete Works, 36 F.3d at 1518 (citing Celotex, 477 U.S. at 325). The nonmoving party may not rest solely on the allegations in the pleadings, but must instead designate “specific facts showing that there is a genuine issue for trial.” Celotex, 477 U.S. at 324; see Fed. R. Civ. P. 56(e) (2007). A fact in dispute is “material” if it might affect the outcome of the suit under the governing law; the dispute is “genuine” if the evidence is such that it might lead a reasonable jury to return a verdict for the nonmoving party. Allen v. Muskogee, 119 F.3d 837, 839 (10th Cir. 1997) (citing Anderson, 477 U.S. at 248). The court may consider only admissible evidence when ruling on a summary judgment motion. See World of Sleep, Inc. v. La-Z-Boy Chair Co., 756 F.2d 1467, 1474 (10th Cir. 1985). The factual record and reasonable inferences therefrom are viewed in the light most favorable to the party opposing summary judgment. Byers v. City of Albuquerque, 150 F.3d 1271, 1274 (10th Cir. 1998) (citing Concrete Works, 36 F.3d at 1517). 2. Evaluation of Claims
Defendants argue this court lacks subject matter jurisdiction over Altizer’s claims because Trustee — not Altizer — is the real party in interest. (Defs.’ Br. at 5–7.) Additionally, Defendants urge that Altizer’s claims are barred by the doctrine of judicial estoppel, because she misrepresented to the bankruptcy court that she had no pending administrative proceedings. (Id. at 7–9.) In response, Altizer concedes that she is not the real party in interest, but argues this court must grant Trustee reasonable time to substitute himself as the real party in interest. (Altizer’s Resp. at 4.) Altizer further contends that the judicial estoppel doctrine does not apply because: (1) her failure to schedule the Charge was inadvertent; (2) she has amended her
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bankruptcy schedules; (3) the doctrine is inapplicable to cases brought by the EEOC; and (4) the doctrine does not apply against Trustee. (Id. at 5–10.) I address each claim and defense below.
a. Real Party In Interest Defendants allege this court lacks subject matter jurisdiction because Plaintiff — who is not the real party in interest — does not have standing to bring suit. (Defs.’ Br. at 5–7.) Federal Rule of Civil Procedure 17(a) mandates that “[e]very action shall be prosecuted in the name of the real party in interest.” Fed. R. Civ. P. 17(a) (2007). As an initial matter, I note that whether Plaintiff is a real party in interest does not raise justiciability concerns. Fed. Deposits Ins. Corp. v. Bachman, 894 F.2d 1233, 1236 (10th Cir. 1990). Although, “standing jurisprudence is helpful by analogy in resolving real-party-in-interest issues, this does not convert real party in interest into a nonwaivable issue of subject matter jurisdiction.” Id. Instead, prosecution by a party other than the real party in interest is subject to dismissal under Federal Rules of Civil Procedure 12(b)(6) and 56(c). Bosse v. Crowell Collier & MacMillan, 565 F.2d 602, 612 (9th Cir. 1997) (Rule 12[b][6]); Wells Fargo Nw. Bank v. Varig–S.A., 108 F. App’x 6, 8 (2d Cir. 2004) (Rule 56[c]). Accordingly, I consider the issue under Rule 56(c). (See Analysis § 1, supra.) Both parties agree that Trustee, not Altizer, is the real party in interest to this action. (Defs.’ Br. at 5–7; Altizer’s Resp. at 4.) The filing of a bankruptcy petition creates a bankruptcy estate in which the trustee gains control over all “property of the estate,” including “all legal or equitable interest of the debtor in property as of the commencement of the [bankruptcy] case.” 11 U.S.C. § 541(a) (2006). Claims and causes of action belonging to the debtor at the time of the filing of the bankruptcy petition are “property” of a bankruptcy estate. Sender v. Simon, 84 F.3d
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1299, 1305 (10th Cir. 1996). Absent abandonment, the trustee of the bankruptcy estate becomes the real party in interest under Federal Rule of Civil Procedure 17(a) and the only party with the authority to pursue such actions on the estate’s behalf. Riggs v. Aetna Life Ins. Co., 188 F. App’x 659, 663 (10th Cir. 2006). Because Altizer’s claims against Defendants accrued prior to her filing for bankruptcy, Trustee is the real party in interest.
As Altizer points out, however, Rule 17(a) provides that “no action shall be dismissed on the ground that it is not prosecuted in the name of the real party in interest until a reasonable time has been allowed after objection for ratification of commencement of the action by, or joinder or substitution of, the real party in interest.” Fed. R. Civ. P. 17(a) (2007). Defendants urge that Trustee failed to seek ratification or substitution within a “reasonable time.” (Defs.’ Reply at 2–4.) I disagree. Defendants filed their motion to dismiss on January 30, 2007. (Defs.’ Br.) Trustee filed his ratification on April 13, 2007. (Ratification.) I find that two and a half months is a reasonable time in which to seek ratification, considering that prior to Trustee’s filing of his ratification document: (1) Altizer had to petition for reopening her bankruptcy case; (2) Trustee had to be reappointed to the case; and (3) Trustee had to review the claim and decide whether to pursue it.
The only case cited by Defendants supporting dismissal is Minne v. Hinkhouse, No. 05–cv–00325–WYD–PAC, 2006 U.S. Dist LEXIS 10097 (D. Colo. Feb. 24, 2006). (Defs.’ Reply at 3.) In Minne, the district court dismissed the plaintiff’s claims based on Rule 17(a) because, after over four months, the real party in interest had yet to seek ratification or substitution. Id., 2006 U.S. Dist. LEXIS 10097, at *6. This case is clearly inapposite.
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Trustee has sought ratification or, in the alternative, an order of intervention. Because I find below that Altizer is judicially estopped from bringing her claims against Defendants, she may not continue this action in Trustee’s name. (See Analysis § 2b, infra.) To keep Altizer’s claims alive, Trustee must timely seek intervention or substitution as the real party in interest. Regardless, summary judgment based on Federal Rule of Civil Procedure 17(a) is not warranted at this time.
b. Judicial Estoppel Defendants next argue that Plaintiff should be judicially estopped from asserting her discrimination claim in this court when she previously denied its existence to the bankruptcy court. (Defs.’ Br. at 7–9.) Judicial estoppel is an equitable doctrine preventing a party from taking a position in a legal proceeding that is contradictory to a position she successfully relied upon in a previous proceeding. New Hampshire v. Maine, 532 U.S. 742, 749 (2001). More specifically, “[w]here a party assumes a certain position in a legal proceeding, and succeeds in maintaining that position, he may not thereafter, simply because his interests have changed, assume a contrary position, especially if it be to the prejudice of the party who has acquiesced in the position formerly taken by him.” Id. (internal quotation marks omitted). The doctrine is aimed at protecting the integrity of the judicial process by “prohibiting parties from deliberately changing positions according to the exigencies of the moment.” Id. at 750 (internal quotation marks omitted). The Tenth Circuit recently adopted the principle of judicial estoppel and considered three factors in determining whether the doctrine applied to the case before it: (1) a party’s later
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position must be clearly inconsistent with its earlier position; (2) the party must have succeeded in persuading a court to accept the party’s earlier position; and (3) the party must derive an unfair advantage or impose an unfair detriment on the opposing party if not estopped. Johnson v. Lindon City Corp., 405 F.3d 1065, 1068–69 (10th Cir. 2005). Altizer does not contest that each of these factors is satisfied in the instant case. (See Altizer’s Resp. at 4–10.) Nonetheless, she argues the doctrine does not apply because: (1) her failure to list the Charge was inadvertent; (2) she has amended her bankruptcy schedules; (3) the doctrine is inapplicable to cases brought by the EEOC; and (4) the doctrine does not apply against Trustee. (Id. at 5–10.) I address each argument in turn.
i. Inadvertence Plaintiff urges that because her failure to list the Charge on her petition was inadvertent, the good faith exception to the judicial estoppel doctrine applies. (Id. at 7–9.) Defendants acknowledge that such an exception exists, but argue that it does not apply because Altizer had knowledge of her claim against Defendants at the time she filed her petition and motive to conceal the claim. (Defs.’ Reply at 4–9.) It is well established that “[t]he doctrine of judicial estoppel does not apply when the prior [inconsistent] position was taken because of a good faith mistake rather than as part of a scheme to mislead the court.” Ryan Operations G.P. v. Santiam-Midwest Lumber Co., 81 F.3d 355, 362 (3d Cir. 1996) (internal quotation marks omitted); see New Hampshire, 532 U.S. at 753 (recognizing that “it may be appropriate to resist application of judicial estoppel when a party’s prior position was based on inadvertence or mistake”). Most courts have held that “failure to
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disclose an asset may be considered an inadvertent mistake [only] when the debtor either lacks knowledge of the undisclosed asset or has no motive for its concealment.” Ford v. Gillman (In re Ford), 336 B.R. 813, 817 (Bankr. Fed. App. 2006); see, e.g., Barger v. City of Cartersville, 348 F.3d 1289, 1294 (11th Cir. 2003); Browning v. Levy, 283 F.3d 761, 776 (6th Cir. 2002); Coastal Plains, Inc. v. Mims (In re Coastal Plains, Inc.), 179 F.3d 197, 210 (5th Cir. 1999). The Tenth Circuit recently explain in an unpublished opinion:
[O]ur sister circuits, for what seem to us sound reasons, have not been overly receptive to debtors’ attempts to recover on claims about which they “inadvertently or mistakenly” forgot to inform the bankruptcy court. Instead, courts addressing a debtor’s failure to satisfy the legal duty of full disclosure to the bankruptcy court have deemed such failure inadvertent or mistaken “only when, in general, the debtor either lacks knowledge of the undisclosed claims or has no motive for their concealment.” Where the debtor has both knowledge of the claims and motive to conceal them, courts routinely, albeit at times sub silentio, infer deliberate manipulation. Eastman v. Union Pac. R.R. Co., No. 05–8106, 2007 U.S. App. LEXIS 16032, at *14 (10th Cir. July 6, 2007) (internal citations and further internal quotation marks omitted). Here, there is no question that Altizer knew of her claim prior to filing for bankruptcy. Similarly, she clearly had motive to conceal such claim — so that she, rather than her creditors, would reap the benefit of any financial gains from settlement or prosecution of the claim. Nonetheless, Altizer asks this court to disregard this motive based solely upon her affidavit stating she did not realize the Charge was an “administrative proceeding” within the meaning of the bankruptcy petition. (Altizer’s Resp. at 5–7, Ex. 1 at 1 [Altizer Decl.].) This the court cannot do. As the Tenth Circuit has noted:
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The ever present motive to conceal legal claims and reap the financial rewards undoubtedly is why so many of the cases applying judicial estoppel involve debtors-turned plaintiffs who have failed to disclose such claims in bankruptcy. The doctrine of judicial estoppel serves to offset such motive, inducing debtors to be completely truthful in their bankruptcy disclosures. Eastman, 2007 U.S. App. LEXIS 16032, at *20–21. Without denigrating the seriousness of an affidavit made under oath, for this court to find that an affidavit asserting good faith is sufficient, standing on its own, to prove good faith would have the effect of greatly reducing the doctrine’s effectiveness in inducing truthful disclosures by debtors. Moreover, there is some additional evidence that Altizer’s failure to disclose her Charge was intentional. Altizer admits that she understood she had a duty to disclose involvement in any lawsuits on her bankruptcy schedules. (Altizer’s Resp., Ex. 1 at 1 [Altizer Decl.].) However, when she learned that the EEOC was actually going to prosecute on her behalf, she did not petition to reopen her bankruptcy petition and amend her schedule. It was not until Defendants filed their motion to dismiss that she took action to disclose. (Altizer’s Resp. at 3.) Based on the foregoing, I find that because Altizer knew of her claim at the time she filed for bankruptcy, had motive to conceal the claim, failed to amend her petition in a timely manner, and presented no evidence save her own sworn statement showing inadvertence, the good faith exception to the judicial estoppel doctrine does not apply. Additionally, I find that Altizer’s insinuation that her bankruptcy attorney’s alleged failure to inform her of the necessity of scheduling the Charge is without merit. (See Altizer’s Resp. at 7.) Altizer does not claim that she informed her attorney of the Charge or that her attorney actually advised her that she did not have to list the Charge. Cf. Eubanks v. CBSK Fin. Group,
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Inc., 385 F.3d 894, 895–96 (6th Cir. 1994) (finding that when debtor-plaintiff informed both trustee and counsel of his pending claim, his omission of the claim in his bankruptcy schedule was inadvertent). In a nutshell, “[Altizer’s] assertion that [she] simply did not know better and [her] attorney ‘blew it’ is insufficient to withstand application of the doctrine.” Eastman, 2007 U.S. App. LEXIS, at *21.
ii. Amendment of Bankruptcy Schedule Altizer next argues that because she ultimately amended her bankruptcy schedule to include the Charge, the doctrine of judicial estoppel does not apply. (Altizer’s Resp. at 8.) Altizer could not be more wrong. A debtor’s amendment of her bankruptcy schedule only after she faces a motion to dismiss based on her earlier failure to disclose does not save her from application of the doctrine. Allowing a debtor to escape the application of judicial estoppel by amend[ing] [her] bankruptcy filings, only after [her] omission has been challenged by an adversary, suggests that a debtor should consider disclosing potential assets only if [she] is caught concealing them. This so-called remedy would only diminish the necessary incentive to provide the bankruptcy court with a truthful disclosure of the debtor[’]s assets. Burnes v. Pemco Aeroplex, Inc., 291 F.3d 1282, 1288 (11th Cir. 2002). Altizer points to three cases in support of her contention that amending her bankruptcy schedules relieves her of the doctrine’s application. (Altizer’s Resp. at 8.) Plaintiff’s citation to In re Barger, 279 B.R. 900 (Bankr. N.D. Ga. 2002) is the most puzzling. (Id.) In In re Barger, the bankruptcy court granted the debtor’s motion to reopen her bankruptcy case after her adversary in a civil suit moved for summary judgment based on her failure to disclose the claim on her bankruptcy petition. Id. What Altizer fails to point out is that the Eleventh Circuit later found
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this same plaintiff was judicially estopped from asserting the civil claims she failed to timely disclose on her bankruptcy petition. Barger, 348 F.3d at 1293–98. In fact, the court specifically found that the plaintiff’s failure to reopen her bankruptcy case prior to the defendants moving for summary judgment against her on judicial estoppel grounds “hardly cast[] her in the good light she would like” and “deserve[d] no favor.” Id. at 1297.
Next, Altizer cites In re Daniel, which also does nothing to serve her point, because it involves only a bankruptcy court’s decision to permit reopening of the bankruptcy case after the debtor’s untimely disclosure of a claim; it does not involve the application of judicial estoppel in the context of a debtor’s civil suit. 205 B.R. 346 (Bankr. N.D. Ga. 1997). Finally, Altizer cites Lample v. Smith, in which a Colorado district court concluded that the question of whether judicial estoppel applied to the plaintiff’s claims was moot. 169 B.R. 432, 435 (D. Colo. 1994). Altizer’s cases are remarkably unpersuasive. That she sought to amend her bankruptcy filing only after Defendants moved to dismiss her claims simply does not militate against this court’s application of judicial estoppel.
iii. Civil Enforcement Actions by the EEOC Altizer also contends that judicial estoppel is inapplicable to cases brought by the EEOC, “because it is the EEOC that decides to file the action and thus the Courts [sic] are loath to find that the plaintiff abused the judicial process ‘where she was not the master of it.’” (Altizer’s Resp. at 9–10 [quoting EEOC v. Digital Connections, Inc., No. 3:05–0710, 2006 U.S. Dist. LEXIS 69529, at *3 (M.D. Tenn. Sept. 26, 2006)].) The cases cited by Altizer to support her position generally stand for the proposition that if a debtor fails to schedule an EEOC civil enforcement
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suit to which the debtor is not a party, “[t]he [c]ourt will not stretch to hold [the plaintiff] abused the judicial process when she was not the master of it.” Digital Connections, Inc., 2006 U.S. Dist. LEXIS 69529, at *3; EEOC v. Apria Healthcare Group, 222 F.R.D. 608, 612–13 (D. Mo. 2004). Without accepting this proposition, I find the cases cited by Altizer poignantly inapposite. Unlike the debtor-plaintiffs in the cited cases, Altizer is a party to the instant civil suit. (See Order [filed Nov. 14, 2006].) She voluntarily filed to intervene as a party plaintiff and has her own attorney. (Mot. to Intervene.) Thus, she cannot take shelter behind the EEOC’s civil enforcement action in seeking to avoid application of the doctrine of judicial estoppel. Based on the foregoing, I grant Defendants’ motion for summary judgment on Altizer’s claims, because she is judicially estopped from asserting said claims.
iv. Judicial Estoppel as Applied to Trustee Finally, Altizer contends that even if she is judicially estopped from asserting her claim against Defendants, the doctrine does not apply against Trustee. (Altizer’s Resp. at 10.) I agree. As Defendants point out, a recent Tenth Circuit decision found that the doctrine of judicial estoppel may not be applied against a trustee. (Defs.’ Reply at 17–18 [citing In re Riazuddin, 363 B.R. 177, 188 (10th Cir. B.A.P. 2007)].) The Tenth Circuit reasoned that the debtor-plaintiff, who made inconsistent statements under oath in a prior proceeding, should bear the brunt of judicial estoppel, not the trustee. 363 B.R. at 187–88 (citing Parker v. Wendy’s Int’l, Inc., 365
-15-

F.3d 1268, 1272 n.3 [11th Cir. 2004]). The trustee, as owner of the claim at the time the debtor filed for bankruptcy, is not burdened by the debtor’s post-petition misconduct.1 Id.
Apparently recognizing the binding nature of this decision, Defendants request that any recovery by Altizer be limited to the amount owed to creditors and necessary to pay Trustee’s expenses. (Defs.’ Reply at 18.) This approach was explicitly contemplated by the Eleventh Circuit in Parker, a case cited by the Tenth Circuit as persuasive authority in In re Riazuddin. 363 B.R. at 188 (citing 365 F.3d at 1272 n.3.). The Parker court explained:
[I]n the unlikely scenario where the trustee would recover more than an amount that would satisfy all creditors and the costs and fees incurred, then, perhaps judicial estoppel could be invoked by the defendant to limit any recovery to only that amount and prevent an undeserved windfall from devolving on the nondisclosing debtor. 365 F.3d at 1273; see also Autos, Inc. v. Gowin, 330 B.R. 788, 796–97 (D. Kan. 2005) (foregoing application of judicial estoppel and, instead, requiring the non-disclosing debtor to “distribute any and all damages recovered in the adversary action among the creditors of her estate, denying her a personal recovery”). I find the Parker court’s reasoning persuasive and adopt it here. Trustee’s potential recovery is to be capped at the level necessary to satisfy all creditors and the costs and fees incurred by this litigation; Altizer is prohibited from personally collecting monetary damages in the instant action. This remedy “preclude[s] . . . [the debtor] from profiting from her failure to disclose her claims to creditors, while permitting creditors to
1Further, it is the creditors of the estate, not the debtor, who are damaged when judicial estoppel is applied against the trustee.
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receive assets which application of judicial estoppel would deprive them of.” Autos, Inc., 330 B.R. at 797. 3. Conclusion
Based on the foregoing it is therefore ORDERED that: 1. Defendants’ motion to dismiss (#28) is GRANTED; 2. Dismissal of Altizer’s claims shall be stayed for fourteen days from the date of this order to allow Trustee to file a motion for intervention or substitution as the real party in interest. Absent such a motion, the clerk shall forthwith enter judgment in favor of Defendants and against Altizer, dismissing her claims with prejudice. Defendants may then have their costs by filing a bill of costs within eleven days of the date on which the dismissal order is filed.
Dated this 27th day of August, 2007. BY THE COURT: s/ Edward W. Nottingham EDWARD W. NOTTINGHAM Chief United States District Judge
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 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Civil Action No. 06-cv-01935-EWN-KLM EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, and KELLY ALTIZER ALBERT HOFFMAN, as Trustee for the Estate of David and Kelly Altizer, and JENNIFER TURNER-RIEGER
Intervenors, v. OUTBACK STEAKHOUSE OF FLORIDA, INC. and OS RESTAURANT SERVICES, INC. d/b/a Outback Steakhouse
Defendants.
SECOND AMENDED COMPLAINT IN INTERVENTION AND JURY DEMAND
The Plaintiffs/Intervenors, Kelly Altizer, Albert Hoffinan as Trustee for the Estate ofDebtors Kelly and David Altizer, and Jennifer Turner-Rieger, by and through their counsel, complain against the Defendants Outback Steakhouse of Florida, Inc. and OS Restaurant Services, Inc. ("Outback Steakhouse"), as follows:
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JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.c. §§ 1331 and 1343. 2. This action is authorized and instituted pursuant to Sections 706(f)(1) and (3) ofTitle VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e-5(f)(1) and (3). 3. Venue is proper in this Court pursuant to 28 U.S.c. § 1391(b) and 42 U.S.c. § 2000e5(f)(3) because a substantial number ofthe unlawful employment practices alleged herein were committed within the jurisdictional boundaries of the United States District Court for the District of Colorado and the employment records relevant to this complaint are maintained and administered in the State of Colorado. 4. Plaintiffs/Intervenors Kelly Altizer and Jennifer Turner-Rieger timely filed Charges of Discrimination with the EEOC, and all procedural prerequisites for the filing of this suit have been met. 5. On September 28,2005, the EEOC issued its determination filing that Charging Parties and a class of females were discriminated against in violation of Title VII.
PARTIES 6. Kelly Altizer ("Plaintiff/Intervenor"), is and was at all times relevant hereto, a resident ofthe State of Colorado. 7. Albert Hoffman ("PlaintiflIntervenor") is the duly appointed trustee ofthe estate ofDebtors Kelly Hughes Altizer and David Allen Altizer, case no. 05-30282 in the United States Bankruptcy Court for the District of Colorado.
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8. Jennifer Turner-Rieger ("Plaintiff/Intervenor"), is and was at all times relevant hereto, a resident of the State of Colorado. 9. 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. 10. At all relevant times, Defendants have continuously been an employer engaged in an industry affecting commerce within the meaning of 42 U.S.c. §§ 2000e (b), (g) and (h). 11. At all relevant times, Defendants were the employer ofPlaintiffslIntervenors Kelly Altizer and Jennifer Turner-Rieger within the meaning of Title VIT.
GENERAL ALLEGATIONS Jennifer Turner-Rieger
12. Plaintiff/Intervenor Jennifer Turner-Rieger, who is female, worked for Outback Steakhouse for over ten (10) years. 13. Ms. Turner-Rieger began her career with Defendant as a waitress, working her way up through numerous positions. Due to her expertise, Ms. Turner-Rieger was selected to open several new Outback restaurants throughout the world, and was even responsible for training the President of the Company. 14. Each Outback restaurant has a team of three managers: the Store Proprietor, who has an ownership interest in the restaurant, the Front-of-the-House Manager, and the Kitchen Manager. The Front-of-the-House Manager position is a low-paid position that requires long hours and is seen as a training ground for the Proprietor position. Employees take the Front-of-the-House Manager position in order to be promoted to a highly-compensated Store Proprietor position.
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15. In 2000, Ms. Turner-Rieger applied for the Front-of-the-House Manager position for the Westminster restaurant. Ms. Turner-Rieger was the only applicant for the position. She was interviewed for the position by Tom Flanagan, the Joint-Venture Partner, who, during the interview, inquired about whether she planned on having children. In the interview, Mr. Flanagan complained about another female employee who had "let him down" when she had a baby. It was only after Ms. Turner-Rieger assured Mr. Flanagan that she did not intend to have children that she was promoted to this management position. 16. When Ms. Turner-Rieger was promoted to Front-of-the-House Manager in 2000, she was the only female in this position. Mr. Flanagan's region, which included 23 restaurants, had no female kitchen managers and only one female Proprietor. 17. During the summer of2002, after she had been a manager for two years, Ms. Turner-Rieger approached Mr. Flanagan about a promotion to Store Proprietor. There were several new restaurants opening in Mr. Flanagan's region. Despite her excellent qualifications, Defendant refused to promote Ms. Turner-Rieger to Store Proprietor and, instead, promoted and hired less-qualified males into these positions. 18. In early 2003, after it was announced that another two less-qualified males were being promoted above her, Ms. Turner-Rieger approached Mr. Flanagan again about her failure to be promoted. Mr. Flanagan responded by stating, "Women have problems delegating," and saying "no," and this led to his female managers failing or quitting. 19. Recognizing that she had no future with the company, Ms. Turner-Rieger was forced to resign her position on February 28,2003.
4

Kelly Altizer 20. Ms. Altizer, who is female, began her career with Defendants in 2000 as a waitress. Initially, Ms. Altizer was quickly promoted through the ranks, to Head Waiter and then to Key Manager, an hourly management position. 21. In 2001, Ms. Altizer sought to be promoted to a management position. Although she was qualified for the management training program in 2001, Ms. Altizer's management training was delayed until January 2002, so that a less-qualified male employee could complete the training first. 22. After completing the management training, on October 31, 2002, Ms. Altizer became a traveling manager and then was assigned the Front-of-the-House Manager position for the Thornton restaurant. While she was the Front-of-the-House Manager, Ms. Altizer reported to Ben Martinez, who was the Store Proprietor for the Thornton Restaurant. 23. Throughout her tenure as the Front-of-the-House Manager, Ms. Altizer was discriminated against on the basis of her gender. She was paid less than similarly-situated male counterparts, subjected to a hostile work environment, denied training despite her repeated requests, and denied support. 24. Ms. Altizer's manager, Mr. Martinez, continuously berated Ms. Atizer, refused to support her in her position, and continuously tried to encourage Ms. Altizer to quit. 25. Ms. Altizer complained to Mr. Martinez about his discrimination, and she complained to the Joint Venture Partner, Tom Flanagan, about Mr. Martinez' discrimination, telling him that Mr. Martinez was obstructing her career.
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26. Mr. Flanagan refused to address Ms. Altizer's complaints. As a result of her complaints of discrimination, Ms. Altizer was SUbjected to even more hostility. Mr. Martinez regularly yelled at Ms. Altizer, unjustifiably criticized her work, withheld information she needed to do her job, and undermined her authority. 27. Due to the hostile work environment and Defendant's failure to take any action, as well as the lack of any career opportunities, Ms. Altizer was forced to terminate her employment on February 5, 2004.
FIRST CLAIM FOR RELIEF (Gender Discrimination)
28. Plaintiffs/Intervenors incorporate by reference paragraphs numbered 1 through 27. 29. By virtue oftheir gender, PlaintiffslIntervenors Kelly Altizer and Jennifer Turner-Rieger belong to a protected group under Title VII. 30. Defendants discriminated against PlaintiffslIntervenors Kelly Altizer and Jennifer TurnerRieger in the terms and conditions of their employment, including paying PlaintiffslIntervenors less than their similarly-situated male counterparts, subjecting Intervenor Altizer to a hostile work environment, and denying them training and promotional opportunities. 31. Defendants have created a glass ceiling for its female employees, including PlaintiffslIntervenors Kelly Altizer and Jennifer Turner-Rieger. 32. Despite the fact that PlaintiffslIntervenors Kelly Altizer and Jennifer Turner-Rieger were qualified, Defendants refused to promote them to the position of Store Proprietor and, instead, promoted less-qualified male employees.
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33. Defendants discriminated against Plaintiffs/Intervenors Kelly Altizer and Jennifer TurnerRieger with malice and reckless indifference to their federally protected rights, forcing them to constructively discharge their employment. 34. As a proximate result ofthe Defendants' retaliatory actions, Plaintiffs/Intervenors Kelly Altizer and Jennifer Turner-Rieger suffered and continue to suffer loss of wages, loss of career, loss of benefits, emotional distress, inconvenience, mental anguish, loss of enjoyment oflife and other consequential damages.
SECOND CLAIM FOR RELIEF (Retaliation)
35. Plaintiffs/Intervenors incorporate by reference paragraphs numbered 1 through 34. 36. Plaintiff/Intervenor Kelly Altizer complained to her manager, Ben Martinez, and to Tom Flanagan, the Joint-Venture Partner, regarding the gender discrimination she was facing. 37. After PlaintifflIntervenor Altizer complained of the illegal conduct, she was retaliated against. 38. Defendants intentionally retaliated against Plaintiff/Intervenor Altizer for complaining of illegal sex discrimination, forcing her to terminate her employment. 39. Defendants retaliated against Plaintiff/Intervenor Altizer with malice and reckless indifference to her federally protected rights. 40. As a proximate result ofthe Defendants' retaliatory actions, PlaintifflIntervenor Altizer suffered and continues to suffer loss of wages, loss of career, loss of benefits, emotional distress, inconvenience, mental anguish, loss of enjoyment oflife and other consequential damages.
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WHEREFORE, Plaintiffsiintervenors respectfully request the Court to grant the following relief: 1. Award Plaintiffsiintervenors back pay and actual damages in an amount to be shown at trial to compensate them for lost wages, benefits, and employment opportunities; 2. Award Plaintiffs/Intervenors front pay in an amount to be shown at trial; 3. Award Plaintiffsiintervenors compensatory and punitive damages; 4. Retain jurisdiction of this matter to ensure full compliance with the Orders of this Court; 5. Award Plaintiffs/Intervenors reasonable attorneys' fees and costs ofthis litigation as provided under Title VII; 6. Award Plaintiffs/Intervenors pre-judgment and post-judgment interest and costs of this action together with reasonable expert witness fees as provided by law; 7. Declare that the acts and practices complained of herein are in violation of Title VII and constituted intentional andlor willful conduct by Defendants; 8. Enjoin and permanently restrain these violations of Title VII; and 9. Grant such other and further relief as this Court deems necessary and proper.
JURY TRIAL DEMAND Plaintiffs/Intervenors respectfully request a jury trial on all questions of fact raised by this complaint.
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Dated this 10th day of September 2007. LOHF SHAIMAN JACOBS HYMAN & FElGER PC

By:

sf Stephanie Struble

Lynn Feiger

Stephanie Struble

950 S. Cherry St., Suite 900

Denver, CO 80246

(303) 753-9000 (phone)

(303) 753-9997 (fax)

Intervenors' Mailing Addresses:

Kelly Altizer 2800 West 103rd Avenue, Apt 1424
Federal Heights, CO 80260

Jennifer Turner-Rieger 1190 Hancock Drive Boulder, CO 80303

Trustee Albert Hoffman 425 South Cherry Street, Suite 105 Denver, Colorado 80246

CERTIFICATE OF SERVICE
I hereby certify that on this 10th day of September 2007, I electronically filed the foregoing SECOND AMENDED COMPLAINT IN INTERVENTION AND JURY DEMAND with the Clerk ofthe Court using the CMlECF system which will send notification of such filing to the following email addresses:

Rita Byrnes Kittle EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Rita.kittle@eeoc.gov

Richard S. Mandelson Steven W. Moore Stacy D. Mueller BAKER & HOSTETLER, LLP rmandelson@bakerlaw.com smoore@bakerlaw.com smueller@bakerlaw.com

sf Stephanie Struble

9

 
 EXHIBIT 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Civil Action No. 06-cv-01935-EWN-BNB EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, and KELLY ALTIZER and JENNIFER TURNER-RIEGER
Intervenors. vs. OUTBACK STEAKHOUSE OF FLORIDA, INC. and OS RESTAURANT SERVICES, INC.
Defendants. COMPLAINT IN INTERVENTION AND JURY DEMAND
Plaintiff-Intervenor Heather Joffe, by and through her counsel, LohfShaiman Jacobs Hyman & Feiger PC, complains against the Defendants Outback Steakhouse of Florida, Inc. and OS Restaurant Services, Inc. ("Outback Steakhouse"), as follows:
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 1331 and 1343. 2. This action is authorized and instituted pursuant to Sections 706(f)(1) and (3) ofTitle VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e-5(f)(1) and (3).
1

3. Venue is proper in this Court pursuant to 28 U.S.C. § 1391(b) and 42 U.S.C. § 2000e5(f)(3) because a substantial number of the unlawful employment practices alleged herein were committed within the jurisdictional boundaries of the United States District Court for the District of Colorado and the employment records relevant to this complaint are maintained and administered in the State of Colorado. 4. On September 9,2003 and June 30, 2004, Intervenors Turner-Reiger and Altizer, respectively, filed Charges of Discrimination with the EEOC alleging discrimination on behalf of themselves and "others similarly situated." 5. On September 28,2005, the EEOC issued its determination finding that Charging Parties and a class of females were discriminated against in violation of Title VII. 6. Intervenor Joffe is a member of the class of females discriminated against by Defendants and, thus, is an aggrieved individual pursuant to 42 U.S.C. §2000e-5(f)(1).
PARTIES 7. Heather Joffe ("Plaintiff-Intervenor"), is and was at all times relevant hereto, a resident ofthe State of Colorado. 8. 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. 9. At all relevant times, Defendants have continuously been an employer engaged in an industry affecting commerce within the meaning of 42 U.S.c. §§ 2000e (b), (g) and (h). 10. At all relevant times, Defendants were the employer of Plaintiff-Intervenor within the meaning of Title VII.
2

GENERAL ALLEGATIONS 11. Plaintiff-Intervenor, who is female, worked for Outback Steakhouse for over nine (9) years. 12. Ms. Joffe began her career with Defendants as a waitress, working her way up through numerous positions, including Bartender, Administrative Assistant, Key Manager, and Traveling Manager. 13. Defendants do not have a system for posting promotional or training opportunities. Rather, employees are hand-selected for training and promotion, depending on the subjective decisions ofthe Managing Partners and Joint-Venture partner. 14. Despite her excellent qualifications, on an ongoing basis, Ms. Joffe was held back from promotions, denied training, and required to undergo training that was not required ofher male peers. 15. Ms. Joffe was not promoted to management until September 2004. 16. In order to be promoted to manager, Ms. Joffe was required to undergo training that was not required of her male peers. 17. Following her Manager-In-Training ("MIT") training, unlike her male peers, Ms. Joffe was not assigned to a restaurant. Rather, Ms. Joffe was assigned as a traveling manager, a less-lucrative and less-prestigious position. 18. From early 2005 through September 2005, Ms. Joffe was denied a promotion to a Front-ofthe-House manager position. 19. Despite repeated requests to the Joint-Venture Partner, Ms. Joffe was never invited to attend the Tampa Walkabout, a requirement for further promotion. 20. Male employees with less seniority and qualifications were promoted above Ms. Joffe.
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21. Because she was stuck in a low-paying, extremely demanding, dead-end job and had no future with the company, Ms. Joffe was forced to resign her position in September 2005.
FIRST CLAIM FOR RELIEF (Gender Discrimination)
22. Plaintiff-Intervenor incorporate by reference paragraphs numbered 1 through 21. 23. By virtue of her gender, Plaintiff-Intervenor belongs to a protected group under Title VII. 24. Defendants discriminated against Plaintiff-Intervenor in the terms and conditions of her employment, including paying Plaintiff-Intervenor less than her similarly-situated male counterparts, and denying her training and promotional opportunities. 25. Defendants have created a glass ceiling for its female employees, including PlaintiffIntervenor. 26. Despite the fact that Plaintiff-Intervenor was qualified, Defendants refused to promote her to the position of Manager or Managing Partner and, instead, promoted less-qualified male employees. 27. Defendants discriminated against Plaintiff-Intervenor with malice and reckless indifference to her federally protected rights, forcing her to constructively discharge her employment. 28. As a proximate result of Defendants' retaliatory actions, Plaintiff-Intervenor suffered and continues to suffer loss of wages, loss of career, loss of benefits, emotional distress, inconvenience, mental anguish, loss of enjoyment of life and other consequential damages.
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WHEREFORE, Plaintiff-Intervenor respectfully requests the Court to grant the following relief: 1. Award Plaintiff-Intervenor back pay and actual damages in an amount to be shown at trial to compensate her for lost wages, benefits, and employment opportunities; 2. Award Plaintiff-Intervenor front pay in an amount to be shown at trial; 3. Award Plaintiff-Intervenor compensatory and punitive damages; 4. Retain jurisdiction of this matter to ensure full compliance with the Orders of this Court; 5. Award Plaintiff-Intervenor reasonable attorneys' fees and costs of this litigation as provided under Title VII; 6. Award Plaintiff-Intervenor pre-judgment and post-judgment interest and costs of this action together with reasonable expert witness fees as provided by law; 7. Declare that the acts and practices complained of herein are in violation of Title VII and constituted intentional and/or willful conduct by Defendants; 8. Enjoin and permanently restrain these violations of Title VII; and 9. Grant such other and further relief as this Court deems necessary and proper.
JURY TRIAL DEMAND Plaintiff-Intervenor respectfully requests a jury trial on all questions of fact raised by this complaint.
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LOHF SHAIMAN JACOBS HYMAN & FElGER PC

By:

sl Stephanie Struble

Lynn Feiger

Stephanie Struble

950 S. Cherry St., Suite 900

Denver, CO 80246

(303) 753-9000 (phone)

(303) 753-9997 (fax)

Intervenor's Mailing Addresses:

Heather Joffe 531 Crown Hill Mesa Drive Colorado Springs, Colorado 80904

CERTIFICATE OF SERVICE
I hereby certify that on this _ day of April 2007, I electronically filed the foregoing COMPLAINT IN INTERVENTION AND JURY DEMAND with the Clerk ofthe Court using the CM/ECF system which will send notification of such filing to the following email address:
Rita Byrnes Kittle Nancy A. Weeks EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Rita.kittle@eeoc.gov Nancy.weeks@eeoc.gov
Richard S. Mandelson Steven W. Moore Stacy D. Mueller BAKER & HOSTETLER, LLP rrnandelson@bakerlaw.com smoore@bakerlaw.com smueller@bakerlaw.com

sl Stephanie Struble 6

 
 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Civil Action No. 06-cv-01935-CMA-KLM EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, and ALBERT HOFFMAN, as Trustee for the Estate of Debtors Kelly and David Altizer, HEATHER JOFFE, and JENNIFER TURNER-RIEGER,
Plaintiff/Intervenors,
v.
OUTBACK STEAKHOUSE OF FLORIDA, LLC (formerly Outback Steakhouse of Florida, Inc.) and OS RESTAURANT SERVICES, LLC (formerly OS Restaurant Services, Inc.),
Defendants.
CONSENT DECREE

TABLE OF CONTENTS Page
I. RECITALS ....................................................................................................................... '" I II. JURISDICTION ..,...............................................................................................................3 HI. DEFINITIONS .................................................................................................................... .4 IV. GENERAL PROVISIONS .................................................................................................. 7 V. CLAIMS RESOLVED AND EFFECT OF CONSENT DECREE ................................... 10 VI. AFFIRMATIVE RELIEF .................................................................................................. 12 VII. MONETARY RELIEF FOR INTERVENORS, CHARGING PARTIES, AND
CLASS MEMBERS...........................................................................................................34 VIII. REPORTING AND RECORD KEEPING ....................................................................... .47 IX. ENFORCEMENT OF CONSENT DECREE ....................................................................56 X. MISCELLANEOUS PROVISJONS ..................................................................................58 XI. SIGNATURES ...................................................................................................................59 EXHIBIT A - INDIVIDUALS WHO FILED CHARGES OF DISCRIMINATION ...................61 EXHIBIT B - INTERVENOR RELEASE ....................................................................................62 EXHIBIT C - CLASS A - TITLE VII GENDER FAILURE-TO-PROMOTE CLAIMS ............63 EXHIBIT D - CLASS B - TITLE VII GENDER CLAIMS .........................................................64 EXHIBIT E - RELEASE FOR CHARGING PARTIES ...............................................................65 EXHIBIT F - NOTICE TO EMPLOyEES ...................................................................................66 EXHIBIT G - LETTERS OF REFERENCE .................................................................................67

I. RECITALS 1. This civil action was instituted by Plaintiff, the Equal Employment Opportunity
Commission ("EEOC"), an agency of the United States, alleging that Defendants Outback Steakhouse of Florida, LLC (formerly Outback Steakhouse of Florida, Inc.) and OS Restaurant Services, LLC (formerly OS Restaurant Services, Inc.) (hereinafter collectively referred to as "Outback") engaged in a pattern or practice of unlawful discrimination based on sex (including, but not limited to, gender discrimination in promotions, and sex harassment), in violation of Section 703(a) of Title VII of the Civil Rights Act of 1964 ("Title VII"), as amended, 42 U.S.C. § 2000e-2(a). In the action, the EEOC alleged that Outback (a) engaged in a pattern or practice of discriminating against women by failing to hire and promote women in management positions; and (b) engaged in a pattern or practice of discriminating against women in terms and conditions of employment, including without limitation providing women less favorable job assignments, less training opportunities, and less opportunity for advancement. Outback filed an Answer to the EEOC's Complaint, denying the allegations. On November 2, 2006, this Court granted Outback's motion to dismiss the nationwide claims and limited the action to a three-state region including Colorado, Wyoming, and Montana (hereinafter referred to as "Region 47"). On December 20, 2007, EEOC Commissioner Leslie Silverman also filed a charge of discrimination against Outback (Charge No. 5402008-01021) (hereinafter "Commissioner's Charge"), alleging nationwide gender discrimination.

2. Jennifer Turner-Rieger, Heather Joffe, and Kelly Altizer are intervenors in the EEOC's action. The Court initially dismissed Kelly Altizer as an intervenor but permitted Albert Hoffman to intervene as bankruptcy trustee for the Estate of Debtors Kelly and David Altizer. Altizer has filed a motion for reconsideration regarding the decision dismissing her as a party. On August 20, 2008, the Court clarified that its order dismissing Intervenor Altizer was limited to her monetary claims and that her claims for injunctive relief, including reinstatement and attorneys' fees, survive. Turner-Rieger, Joffe, Altizer and Hoffman are hereafter referred to as "Intervenors."
3. The Parties (defined in Section III, below), desiring to settle this action by an appropriate Consent Decree, agree to the jurisdiction of this Court over the Parties and the subject matter of this action, and agree to the power of this Court to enter this Consent Decree enforceable against Outback.
4. The Parties agree that settlement of these matters without further protracted, expensive, and unnecessary litigation is in the public interest and that entry of this Consent Decree is the most appropriate means of resolving this civil action, the Commissioner's Charge, and the Charges of Discrimination identified in Exhibit A, attached hereto and filed under seal. Accordingly, the Parties agree to the entry of this Consent Decree without trial or further adjudication of any issues of fact or law. By entering into this Consent Decree, Outback denies and does not admit, either expressly or impliCitly, that it has violated any federal, state, or local law, or that it has any liability in this civil action, the Commissioner's Charge, or the Charges of Discrimination in Exhibit A. Outback maintains and has maintained that it provides equal employment opportunities for all
2

employees and applicants, and has entered into this Consent Decree to avoid the disruption, costs, delay, and expense of litigation. S. This Court, having carefully examined the terms and provisions of this Consent Decree and based on the pleadings on the record in this action, finds that the terms of this Consent Decree are adequate, fair, and reasonable, that the Consent Decree conforms with the Federal Rules of Civil Procedure and is not in derogation of the rights or privileges of any person or any party, and that approval of this Consent Decree will further the objectives of Title VII. Accordingly, this Consent Decree is final and binding upon the Parties as to the issues resolved, as well as upon their successors and assigns. 6. The Parties and their counsel have entered into this Consent Decree with the hope and expectation that Outback will enjoy, for many years to come, a strong and mutually beneficial relationship with all its employees, including its female employees. It is therefore ORDERED, ADJUDGED, and DECREED as follows:
II. JURISDICTION 7. The Court has jurisdiction over the Parties and the subject matter ofthis action. The
EEOC's Amended Complaint and Intervenors' Complaints in Intervention assert claims that, if proven, would authorize the Court to grant the monetary and equitable relief set forth in this Consent Decree against Outback. The Court shall retain jurisdiction of this action for the duration of the Consent Decree for the purposes of entering all orders, judgments and Consent Decrees which may be necessary to implement the relief provided herein.
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III. DEFINITIONS 8. The following terms, when used in this Consent Decree, shall have the following
meanings as set forth below. All terms defined in the singular shall have the same meaning when used in the plural, and al\ terms defined in the plural shall have the same meaning when used in the singular. A. "Charging Parties" - Women identified in Exhibit A, attached hereto and filed
under seal, who have charges of discrimination against Outback pending before the EEOC, alleging gender discrimination, sexual harassment, or retaliation for complaining about gender discrimination or sexual harassment. B. "Claimant" - Individuals who file claims under the Class Monetary Relief provisions ofthis Consent Decree. C. "Claim Form Deadline" - The date by which a Claimant must submit a claim form. D. "Class Member" - A Claimant, as defined in Paragraph 8(B) above, determined to be eligible for a Monetary Award under this Consent Decree. E. "Complaint of Discrimination, Harassment, or Retaliation" - A complaint of discrimination, harassment, or retaliation, shall be any oral or written complaint, which comes to the attention of a Key, AKM, Tech, or Management Employee and makes allegations which are appreciated by the recipient of the complaint as an allegation of gender discrimination, sex harassment, or retaliation. For example, a female employee who complains about inappropriate sexual comments that she finds offensive and unwelcome has made a complaint which is
4

appreciated to be an allegation of harassment, regardless of whether the employee complains in writing or expressly uses the tenns "discrimination" or "harassment." Similarly, a female employee who complains that she feels she is not being promoted because she is a woman has made a complaint of discrimination, regardless of whether she complained in writing or expressly used the terms "discrimination" or "harassment" or "because I am a woman." By contrast, a complaint by a female employee that she was unfairly denied overtime or unfairly denied a promotion may not be appreciated as an allegation of discrimination, unless the employee articulates that she believes she is being treated differently than a male employee, or unless other circumstances, such as previous complaints of discrimination, exist which cause the recipient of the complaint to realize the employee is complaining about discrimination. F. "Consultant" - An independent consultant jointly selected by the EEOC and Outback, with duties as set forth in Paragraph 28, below. G. "Corporate Level Employees" - Those persons employed by Outback as President. Senior or Vice President of Operations, Regional Vice President of Operations and Vice President of Training, and those persons employed by Outback's parent company, aS] Restaurant Partners, LLC ("OSI") as Vice President of People and Vice President of Talent Acquisition and Inclusion. H. "EEO" - The tenn "EEO" shall refer to the phrase "equal employment opportunity."
5

I. "Effective Date" - The Effective Date of this Consent Decree is the date on which the Court gives final approval to the Consent Decree, after hearing, if required.
J. "Final Distribution List" - The list of Class Members and the amount of each such Class Member's Monetary Award.
K. "Home Office" - Outback's corporate headquarters currently located at 2202 N. West Shore Blvd., Suite 500, Tampa, FL 33607.
L. "JVP" - The term "]VP" refers to the management position within the Outback organization known as "Joint Venture Partner".
M. "Key and AKM" - "Key and AKM" refers to the supervisory, non-management
positions of Key Employee and Assistant Kitchen Manager. N. "Management Employees" - Any person holding the positions of Joint Venture
Partner, Regional Vice President, Managing Partner (also known as Proprietor), Manager or Kitchen Manager. The term "Management Employee positions within the restaurants" means Managing Partner, Manager and Kitchen Manager. O. "MIT Program" - Outback's Manager in Training ("MIT") program for training managers and kitchen managers. P. "Monetary Award" - The settlement amount which the Administrator and EEOC determine will be paid to a particular Class Member. Q. "Parties" • The Parties to this Consent Decree are Plaintiff, U.S. Equal Employment Opportunity Commission ("EEOC"), Intervenors Jennifer Turner Rieger, Heather Joffe, Kelly Altizer and Albert Hoffman as Trustee for the Estate
6

of Debtors Kelly and David Altizer ("Intervenors"), and Outback Steakhouse of Florida, LLC and OS Restaurant Services, LLC flk/a OS Restaurant Services, Inc. ("Outback"). R. "Region" - The geographical area for which a Joint Venture Partner is responsible.
S. "Settlement Administrator" - The agent, company, or individual retained to
carry out the functions necessary to administer and distribute the Class Settlement Fund, as more specifically provided in Paragraph 36, below. T. "Techs" - Those persons employed in the positions of Service Tech or Food Tech.
IV. GENERAL PROVISIONS 9, Scope - This Consent Decree covers all of Outback's corporately-owned Outback
Steakhouse restaurants within the United States, which shall include all Outback Steakhouse restaurants owned by partnerships of which an Outback-affiliated corporation is a general partner, including those that have ceased operations prior to the Effective Date of this Consent Decree and those that cease operations prior to the expiration of this Consent Decree. 10. Term of Consent Decree - This Consent Decree shall remain in effect for four (4) years subsequent to the Effective Date, except, however, for the provisions relevant to the Consultant, which shall tenninate after the Consultant's report on the fourth semi-annual report of Registry data, if the Consultant detennines that Outback is in Compliance with the terms of this Consent Decree (as Compliance is defined in this Paragraph 10). The
7

Consultant shall determine whether Outback is in Compliance with the terms of this

Consent Decree based upon whether Outback has:

•

Complied with all requirements regarding notice, orientation, training, staffing,

and reporting;

• Implemented appropriate and reasonable policies and procedures to ensure that

female employees are protected from gender discrimination, sex harassment and

retaliation; and

•

Made reasonable efforts to ensure that female employees are promoted in closely

approximate proportion to their representation in the appropriate applicant pool.

11. Compliance witb Federa' EEO Laws - Nothing in this Consent Decree shall be

construed to limit or reduce Outback's obligation to comply with the statutes enforced by

the EEOC, including Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C.

§2000e, et seq., and the Equal Pay Act, 29 U.S.C. §206(d).

12. Release of Claims - In consideration of receiving any monetary award pursuant to this

Consent Decree, all Interveners shall execute a Release in the form attached as Exhibit B.

In consideration of receiving a monetary award pursuant to this Consent Decree, a

Claimant entitled to Monetary Relief under the Class A settlement procedures (See,

Paragraph 39.02) shall execute a Release in the form attached as Exhibit C. In

consideration of receiving any monetary award pursuant to this Consent Decree, a

Claimant entitled to Relief under the Class B settlement procedures (See, Paragraph

39.03) shall execute a Release in the form attached as Exhibit D. In consideration of

receiving any monetary award pursuant to this Consent Decree, an individual with a

8

Charge of Discrimination, identified on Exhibit A, shall execute a Release in the form attached as Exhibit E. 13. Complete Consent Decree - This Consent Decree constitutes the complete understanding among the Parties with respect to the matters herein. 14. Severability - If one or more provisions ofthis Consent Decree are rendered unlawful or unenforceable by act of Congress or by decision of the United States Supreme Court, the Parties shaJl attempt to agree upon what amendments to this Consent Decree, if any, are appropriate to effectuate the purposes of this Consent Decree. In any event, the unaffected provisions will remain enforceable. 15. No Admission of Liability - Neither this Consent Decree nor any order approving this Consent Decree is or shaIl be construed as an admission by Outback of the truth of any allegation or the validity of any allegation asserted in this civil action, the Commissioner's Charge, or any of the Charges of Discrimination in Exhibit A, or of Outback's liability therefore, nor as a concession or an admission of any fault or omission of any act or failure to act by Outback. This Consent Decree was entered into for settlement purposes only, and shall not be construed by anyone for any purpose whatsoever as an admission or presumption of any wrongdoing on the part of Outback, nor as an admission by any Party to this Consent Decree that the consideration to be given hereunder represents the relief which could have been recovered after trial. 16. No Third Party Rights - Nothing in this Consent Decree shall be deemed to create any rights on the part of Non-Parties to enforce this Consent Decree. The right to seek enforcement ofthis Consent Decree is vested exclusively in the Parties.
9

V. CLAIMS RESOLVED AND EFFECT OF CONSENT DECREE 17. Intent of Parties and Effect of Compliance with Consent Decree· It is the intent of
the parties to this Consent Decree that by virtue of the consideration agreed to herein by Outback, this Consent Decree resolves the above·captioned civil action, the Commissioner's Charge, and the Charges of Discrimination identified in Exhibit A, attached hereto and filed under seal. Outback's compliance with this Consent Decree will fully and completely resolve the following: (a) all issues of law and fact which were raised by the EEOC in this civil action; (b) all issues which were raised by the EEOC in the Commissioner's Charge; and (c) EEOC's claims of gender discrimination (including gender-based compensation discrimination), gender harassment, and retaliation for participating in these proceedings, or for complaining about gender discrimination or harassment, which EEOC could bring based on the Charges of Discrimination identified in Exhibit A. 18. EEOC Claims Resolved and Rigbts Reserved - The EEOC and Outback agree that this Consent Decree fairly resolves the issues alleged by EEOC in this action and constitutes a complete resolution of all the EEOC's claims against Outback of unlawful employment practices under Title VII that were made against Outback in this civil action, or in the Commissioners' Charge. The EEOC reserves all rights to proceed with respect to matters not covered in this Consent Decree and to secure relief on behalf of aggrieved persons not covered by this Consent Decree. Nothing in this Consent Decree shall be construed to preclude the EEOC from bringing suit to enforce this Consent Decree in accordance with the enforcement provisions of Section VIII ("Enforcement of Consent Decree"),
10

below. Neither does this Consent Decree preclude the EEOC from filing lawsuits based on charges not resolved in this Consent Decree. 19. Charges Filed After the Effective Date - Any individual charges of gender discrimination, including gender-based hostile work environment, sex harassment, and charges alleging retaliation for haying participated in this civil action, that are filed with the EEOC after the Effective Date of this Consent Decree, based on conduct alleged to have occurred prior to the Effective Date of this Consent Decree, will be processed by EEOC in accordance with its standard procedures. To the extent such charges are based entirely on conduct alleged to have occurred prior to the Effective Date of this Consent Decree, the EEOC agrees not to use such charges as a basis for EEOC litigation.
20. Agreement Not to Litigate Resolved Issues - The EEOC agrees that it will not use any
of the Charges of Discrimination identified in Exhibit A as a basis for litigation by the EEOC. The EEOC agrees not to litigate on behalf of any individual or class of individuals regarding allegations of (a) gender discrimination or sex harassment,(b) retaliation for participating or cooperating with the EEOC in this civil action or investigation of the Commissioner's Charge, or (c) retaliation for complaining about gender discrimination or sex harassment; where all of the alleged discriminatory or retaliatory conduct occurred prior to the Effective Date of this Consent Decree. 21. Agreement Not to Litigate Future Lilly Ledbetter Fair Pay Act Claims - The EEOC agrees not to litigate future claims based on allegations of gender-based compensation discrimination (for example pay, benefits or the effects of an alleged failure to promote) resulting from an unlawful employment practice which is both (a) alleged to have
11

occurred prior to the Effective Date of this Consent Decree; and (b) raised in this civil action, the Commissioner's Charge, or the Charges of Discrimination identified in Exhibit
A.
22. Intervenor Claims Resolved - Intervenors and Outback agree that this Consent Decree fairly resolves the issues alleged by Intervenors in this civil action and constitutes a complete resolution of all Intervenors' claims against Outback of unlawful employment practices under Title VII that were made against Outback in this action. VI. AFFIRMATIVE RELIEF
23. Notice and Posting of Consent Decree Notice 23.01 Posting - Within sixty (60) days of the Effective Date of this Consent Decree, Outback shall conspicuously post the Notice of Final Approval of Settlement ("Notice"), attached hereto as Exhibit F, in all corporate-owned Outback Steakhouse restaurants where all other employee-related notices are posted and announce the terms of the Consent Decree on Outback's Intranet. 23.02 Orientation on Consent Decree - Prior to posting the Notice required in the preceding Paragraph 23.01, Outback shall conduct orientation meetings advising all Corporate Level Employees, Management Employees, Techs, Keys, AKMs, Directors of Training and appropriate members of the Home Office People Services and Legal Departments of the terms and conditions of the Consent Decree, and the anti-retaliation provisions of the Consent Decree. Additionally, Outback shall inform all such persons that any breach of, or failure to comply with, the terms and conditions set forth in this Consent Decree shall subject them
12

to dismissal or other appropriate disciplinary action. This training may be by videotape, internet, or closed-circuit presentation models. 24. Injunction 24.01 No Discrimination - During the term of this Consent Decree, Outback is enjoined from discriminating against any employee or applicant on the basis of gender, in hiring, promotions, pay, terms and conditions of employment including providing women less favorable job assignments, less training opportunities, less opportunity for advancement, or creating or condoning a gender-based hostile work environment. Outback also shall afford all female employees the same training and conditions of employment it affords all other employees in similar positions. Scheduling and assignment of work shall be made in an equal and nondiscriminatory manner. 24.02 No Retaliation - During the term of this Consent Decree, Outback is enjoined from retaliating against any employee, Claimant, or Class Member for his or her participation in the EEOC process, the investigation by the EEOC into this matter, participation in this lawsuit, complaining about or opposing any employment practice made unlawful by one or more of the statutes enforced by the EEOC, or for asserting any rights under this Consent Decree. 25. Employment References - Outback shall provide to the Intervenors and Cathy Ryan a letter of reference in the form attached hereto as Exhibit G. If contacted for a job reference for any former employee covered by this Consent Decree, Outback agrees to provide only dates of employment, salary, and positions held.
13

26. Vice President of People

26.01 For the duration of the Consent Decree, OSI will continue to employ a Vice-

President of People with expertise in EEO, human resources, and personnel

matters.

26.02 Within six (6) months from the Effective Date of this Consent Decree, Outback

will provide adequate staff for the Vice President of People to accomplish all of

his or her responsibilities, including hiring qualified human resources

professionals to provide assistance to the restaurant management.

26.03 The following is a list of responsibilities relative to this Consent Decree, which

are assigned to the Vice President of People. It is the Parties' expectation that the

Vice President of People will regularly consult with Outback's Legal Department

and that Legal staff may assist the Vice President of People in carrying out these

functions. The Vice President of People will be responsible for:

Supervising all human resources personnel;

•

Assisting Managing Partners, Service Techs, Food Techs and JVPs with

their EEO functions, as necessary;

•

Oversight of investigations ofcomplaints of discrimination;

•

Coordinating Outback's compliance with anti-discrimination laws;

•

Oversight of Outback's compliance with this Consent Decree;

Maintaining records to be preserved under Section VII ("Reporting and

Recordkeeping") of this Consent Decree;

14

•

Submitting the reports required under Section VII ("Reporting and

Recordkeeping");

•

Acting as the liaison between Outback and the Consultant;

•

Assisting with the development and implementation of the Outback EEO

Training Program provided for in this Consent Decree;

•

Assisting in analysis and implementation of policies and procedures, as

provided in Paragraph 30 ("Analysis and Implementation ofEEO Policies

and Procedures"), below, of this Consent Decree;

•

Evaluating whether Outback has taken appropriate and reasonable action

to protect female employees from gender discrimination, including

gender-based hostile work environment and/or sex harassment and

retaliation;

•

Reviewing records documenting employee complaints of discrimination or

harassment based on sex, including oral and written complaints, charges of

discrimination, and investigative records relating to such complaints; and

•

Reviewing and analyzing data regarding promotions to Registry Positions

to determine whether Outback is making progress in promoting women in

a nondiscriminatory manner.

27. Internal Consent Decree Monitor

27.01 Appointment oflnternal Consent Decree Monitor - By the Effective Date of

this Consent Decree, Outback and EEOC will agree to appoint an Outback

executive, employed at least at the level of Vice President, as the Internal Consent

15

Decree Monitor ("Internal Monitor") to oversee Outback's implementation of the

terms of this Consent Decree.

27.02 Replacement of the Internal Monitor - In the event the Internal Monitor's

employment with Outback ends, Outback will, within thirty (30) calendar days,

appoint another Outback executive of comparable position, to serve as the Internal

Monitor.

27.03 Internal Monitor Responsibilities - During the term of the Consent Decree, the

Internal Monitor will have the following responsibilities:

Evaluate whether Outback has taken appropriate and reasonable action to

protect female employees from gender discrimination, sex harassment, and

retaliation;

Review records documenting employee complaints of discrimination or

harassment based on sex, including oral and written complaints, charges of

discrimination, and investigative records relating to such complaints;

Review and analyze the data regarding promotions to Registry Positions to

determine whether Outback is making progress in promoting women in a

nondiscriminatory manner based on the statistical data;

•

Randomly select promotion decisions to Registry Positions to analyze in

depth the selection process for potentially discriminatory decision-making;

Meet at least monthly with Outback staff with responsibilities for ensuring

compliance with this Consent Decree and other EEO matters; and

•

Meet with the Consultant at least semi-annually.

16

28. Consent Decree Consultant 28.01 Appointment ofConsultaot - Outback and EEOC have agreed that Kathleen Roberts will be retained as the Consent Decree Consultant ("Consultant") to analyze information submitted by Outback in periodic reports as required in Paragraph 41.02, below, and determine Compliance with the terms of this Consent Decree as defined in Paragraph 10, above. The Consultant will have authority to retain other professionals to assist as necessary, with the understanding that the costs for such services will be included in the maximum fees payable to the Consultant under Paragraph 28.04. The Parties agree that CorVirtus, Inc., or other vendor, or Outback internally, if agreed upon between Outback and the Consultant, will be responsible for conducting analysis of the electronic data for the purposes of this Consent Decree, with the understanding that the costs for such services will not be included in the maximum fees payable to the Consultant. 28.02 Replacement of Consultant - In the event the Consultant is unable or unwilling to continue to serve, the Parties shall jointly select a new Consultant. 28.03 Resolving Disputes Over Consultant Appointment - If the Parties cannot agree upon a Consultant within thirty days following the notification of a need to replace the Consultant, EEOC and Outback will each provide three recommendations to Judge Kathleen Roberts, who will make the final selection. 28.04 Com pensation of Consultant - Outback shall compensate the Consultant (including any experts that the Consultant may retain, as discussed in Paragraph
17

28.0 I, above) at the Consultant's customary rate, and shall reimburse the Consultant's reasonable expenses up to a maximum of $350,000 over the fouryear term of the Consent Decree, which amount may be increased by the Court for good cause. In addition to the Consultant fees, Outback shall pay any and all reasonable fees and expenses charged by the data analysis vendor referenced in Paragraph 28.01, for conducting the data analysis work, which fees will not be included in the $350,000 cap on fees and expenses paid to the Consultant. "Good Cause" for purposes of this Paragraph 28.04 shall be defined as conduct on the part of Outback (such as failure to cooperate or failure to respond adequately to reasonable requests for information) which causes the Consultant fees to exceed $350,000. 28.05 Cooperation - The Consultant shall, to the maximum extent practicable and consistent with the Consultant's obligations, work cooperatively with Outback so as not to unduly interfere with Outback operations. Outback agrees to cooperate with the Consultant, to the maximum extent practicable. 28.06 Access to Information - The Consultant shall have reasonable access to relevant documents, and other sources of information necessary to exercise his or her duties under this Consent Decree. The Consultant and the EEOC shall have reasonable access to review all non-privileged records maintained by Outback relating to the implementation or administration of this Consent Decree.
18

28.07 Consultant Responsibilities - During the term of the Consent Decree, the

Consultant will have the following responsibilities, which the Consultant will

carry out with due regard for both efficiency and accuracy:

•

Review and analyze the data (including Registry and other data provided

in Outback's periodic reports) regarding promotions to Registry Positions,

to determine whether women are being provided equal opportunities for

promotion. If the Consultant's statistical analysis of the data shows a

shortfall in the number of women promoted to Registry Positions, then the

Consultant may review an appropriate sample of promotion decisions.

Generally, the decisions selected for review will be those where a male

candidate was selected for promotion and there was at least one female

candidate on the Applicant Pool List. The Consultant will have authority,

however, to conduct this review in the way the Consultant determines is

necessary;

•

Review Outback's summary of employee complaints of discrimination

harassment andlor retaliation (as defined in Paragraph 8 (E) above), and

Outback's procedures for receiving, investigating, and resolving such

complaints, including a representative sample of investigative records

relating to such complaints and recommending any improvements to

Outback's procedures;

Report to the Parties, as provided in Paragraph 4 1.06 ("Reports of

Consultant"), below;

19

•

Meet with Outback's VP of People and the [ntemal Monitor semi-

annually, following the issuance of the Consultant's report, and make

recommendations regarding compliance with this Consent Decree and

other EEO matters;

•

Consult with Outback to provide advice about ways it can better achieve

its own goals for the promotion of female employees and the hiring of

external female candidates for salaried management positions;

•

Suggest reasonable actions to protect female employees from gender

discrimination, sex harassment, and retaliation;

•

Evaluate whether Outback has appropriate and reasonable policies and

procedures in place to protect female employees from gender

discrimination, sex harassment, and retaliation; and

Evaluate whether Outback is in compliance with the terms of this Consent

Decree, as "Compliance" is defined in Paragraph 10, above.

29. EEO Training

29.01 Development ofEEO Training Program - Within sixty (60) days of the

Effective Date of this Consent Decree, Outback shall submit to the EEOC a

proposed EEO training program for hourly employees, management employees,

Techs, Human Resource employees, Legal Staff, Vice President of People

("VPP") and VPP staff, and Training Directors. The training program will

include the following information: (a) a detailed agenda; (b) curriculum vitae(s)

for the individual(s) who will conduct and/or develop the training; (c) training

20

materials; and (d) a plan to ensure that Outback's employees specified in this Consent Decree receive the required EEO training. For all individuals employed on the Effective Date of this Consent Decree, and required to be trained under this Consent Decree, the required training as set forth below will be completed by March 31, 2010. 29.02 Amount of Training And/Or New Hire Orientation Required 29.02.1 KEY/AKM Employees - Outback will provide KEY and AKM employees at least 90 minutes ofEEO training within thirty (30) days of hire or promotion to the Key or AKM position, and on an annual basis thereafter. This training may be by videotape, internet, closed-circuit presentation models, or by attending programs by outside providers. 29.02.2 Management Employees· Outback will provide Management Employees at least two (2) hours ofEEO training prior to or within thirty (30) days of hire or promotion into the Management Employee position and on an annual basis thereafter. This training may be by videotape, or internet, closedcircuit presentation models, or by attending programs by outside providers. 29.02.3 Techs, Training Directors, and Human Resource EmployeesOutback will provide Techs, Training Directors, and Human Resource employees at least two (2) hours ofEEO training prior to or within thirty (30) days of hire or promotion into the Tech, Training Director, or Human Resource position, and on an annual basis thereafter. This training may be by videotape, or internet, closedcircuit presentation models, or attending programs by outside providers.
21

29.02.4 Vice President of People and Staff, and Corporate Legal Staff Outback will provide the Vice President of People and his staff, and Corporate Legal staff responsible for supervision of the Consent Decree or whose jobs are primarily focused on Labor and Employment law compliance, with at least eight (8) hours ofEEO training prior to or within thirty (30) days of hire or promotion into the Legal Staff or VPP Staff position, and at least four (4) hours of training on an annual basis thereafter. This training may be by videotape, or internet, closed-circuit presentation models, or attending programs by outside vendors. Additionally, any individual employed at the Home Office and identified by name in Outback's anti-discrimination or anti-harassment policies as a person to whom employees may report discrimination or harassment, will be provided training under this paragraph, rather than under any previous paragraph. 29.02.5 Hourly Employees - Outback agrees to maintain and enhance its orientation process for newly-hired hourly employees. Outback will provide orientation on its anti-discrimination and harassment policy and complaint procedures to new hourly employees within twenty-one (21) days of hire. This training may be by videotape, or internet, or closed-circuit presentation models. Outback also agrees that for hourly employees, it will annually conduct refresher training on its anti-discrimination and harassment policy and complaint procedures. 29.03 Required Subjects of Training - At a minimum, Outback's EEO training programs shall include the following:
22

Instruction on the requirements of all applicable equal employment

opportunity laws including, but not limited to Title VII of the Civil Rights

Act of 1964, as amended, the Age Discrimination in Employment Act, the

Americans With Disabilities Act, the Equal Pay Act, and the Pregnancy

Discrimination Act, including gender discrimination in promotions and

terms and conditions of employment;

•

A review of Outback's employment policies prohibiting discrimination

and retaliation, and (except for hourly employees) of the specific

requirements of this Consent Decree, with particular emphasis on the

complaint procedure and prohibitions on retaliation;

•

Instruction on any policies related to this Consent Decree, such as

Outback's Discrimination and Harassment Policy, Equal Employment

Opportunity Policy, Registry oflnterest and Promotion Policies, and non-

discriminatory implementation of other policies, including without

limitation, hiring, promotion, training, assignments, attendance,

scheduling, production, and discipline;

•

Training for Keys, AKMs, Management Employees, Techs, Regional

Training Directors, and Human Resources employees shall include

instruction on the proper procedures for accepting, responding to, and

communicating employee complaints of discrimination or harassment, and

for Management Employees, investigating and resolving complaints of

discrimination; and

23

•

Training for Key, AKM, Techs and Directors of Training shall include

training regarding their obligation to document and inform the Managing

Partner and/or JVP of any conduct which might constitute unlawful

discrimination, harassment or retaliation, and of any employee complaints

of discrimination, including instruction on what kind of conduct may

constitute unlawful discrimination, harassment or retaliation, and what

kind of employee complaints must be reported to a Managing Partner

andlor a IVP.

29.04 In addition to the minimum training required herein, Outback may, at its

discretion, also provide training on other subjects relating to employment law or

human resources issues.

30. Analysis and Implementation of Policies and Procedures - During the first year of the

Consent Decree, Outback shall review its existing policies and procedures and develop

and implement new andlor revised policies and procedures, as may be necessary to

ensure equal employment opportunities are afforded to female employees, including an

environment free of sexual harassment. In particular, but without limitation, Outback

shall review its existing policies and procedures to ensure that they (a) guard against

discriminatory decision-making, (b) provide for equal employment opportunities relating

to promotional opportunities, training (including equal opportunity for female managers

to complete training requirements for promotion to Managing Partner), staffing and work

assignments, scheduling and leave requests and discipline and discharge; and (c) provide

that EEO Compliance will be a component in training for Managing Partner positions and

24

in evaluating the performance of managers. Additionally, during the first year of the

Consent Decree, Outback shall review and amend its existing policies and procedures as

necessary to ensure that they contain comprehensive procedures to respond to employee

complaints of gender discrimination and sexual harassment, which procedures shall

include (a) identification of individuals and positions in each Region, including the

Service Tech (or ifthere is no Service Tech in the Region, another female employee in

the Region), to whom employees may complain or report discrimination or harassment;

(b) systematic documentation (using a standardized form) and prompt reporting of all

complaints to the Managing Partner andlor NP; (c) an adequate and impartial

investigation of each complaint; and (d) a periodic reporting by the NP to the Vice

President of People regarding employee complaints of discrimination and sexual

harassment in the Region and Outback's investigation of and response to each complaint

reported to the JVP or Managing Partners in the JVP's region.

31. Selection Considerations for Promotion The following overriding principles will

guide selection decisions made during the term of this Consent Decree:

•

Consistent with Outback policies and procedures, Hiring Managers are expected

to make gender-neutral and non discriminatory selection decisions based on

qualifications, experience and performance;

•

Consistent with Outback policies and procedures, Hiring Managers are expected

to guard against basing selection decisions on prohibited factors such as gender,

age, race, color, national origin or religion;

25

•

Consistent with Outback's existing policy, when candidates are interviewed, the

Hiring Managers will conduct standardized interviews, so that all candidates are

given comparable interview opportunities; and

•

In considering candidates for a particular position, Hiring Managers are

encouraged to review the candidates' personnel files and contact Outback

managers for references on the candidates.

In an effort to develop a fair process and afford women equal opportunity for promotion

consideration, Outback shall, during the term of this Consent Decree, maintain its

Registry of Interest program as described herein, applicable to management and

supervisory positions.

31.01 On-Line Registry ofInterest - General Provisions

31.01.1 Establishment of On-Line Registry of Interest Program - No later

than March 3 J, 20 I0, Outback shall implement its web-based Registry of Interest

("Registry") on a nation-wide basis for use by restaurant employees to express

interest in promotion, submit applications, and complete testing for the positions

covered by the Registry.

31.01.2 Registry Positions - The Registry may be used to express interest,

apply, and, when applicable, test for the following positions: Key, AKM, Service

Tech, Food Tech, Kitchen Manager, Manager and Managing Partner. Employees

who have not expressed interest through the Registry will not be considered for

promotion to a Registry position.

26

31.01.3 Registry Website - The Registry will be accessible to employees through an on-line website, which may be accessed through any internet connection. Employees will be able to access the Registry Website from home or private computers without having to obtain permission from any manager. With permission of the Manager or Managing Partner, an employee may use an Outback in-store computer to complete on-line application and testing through the Registry Website. Permission to use the in-store computer will not be unreasonably withheld. 31.01.4 Registry Orientation - Prior to implementation of the Registry, Outback will conduct voluntary employee meetings for its current employees in each restaurant to explain the Registry program, including instructions for how to access and use the Registry website, submit an application, and complete testing for a particular position. The meeting may be conducted in person, by videoconference, or by presentation of a DVD. In addition, prior to implementation of the Registry program, a general description and explanation of the Registry will be included in Outback's New Employee Orientation materials, in the Outbacker handbook, and posted on restaurant bulletin boards where other employee notices are posted. 31.01.5 Registry Statement -. The following paragraph will be posted on the Registry website, printed in Outback's employee handbook, and printed in the published materials describing the Registry:
Outback has created the Registry of Interest Program to encourage all interested employees to apply for careers in management and to ensure
27

equal opportunities for advancement to all Outback employees. We particularly encourage women and minorities who are interested in management opportunities at Outback, to participate in this program and use the online Registry to express your interest.
31.01.6 Publication ofInformation Relating to the Registry - The following

information will be posted on the Registry Website:

•

A general description of the Registry, including an explanation of the

application and selection process;

•

A job description for each of the Registry Positions (see Paragraph

3 J.01.2, above), including a description of the principal duties for each

position; and

•

A list of the minimum requirements for each of the Registry Positions (see

Paragraph 31.01.7, below).

31.01.7 Establishment and Modification of Minimum Requirements for

Registry Positions - Outback may, in its sole discretion and consistent with

applicable laws, establish or modify the minimum requirements for Registry

Positions, or minimum requirements for Registry Positions in particular JVP

Regions, provided that Outback provides ten (J 0) business days' advance notice

of the new or modified requirements to the Consultant and to all members of

affected Applicant Pools. Any changes in minimum requirements shall also be

reflected on the Registry website within the ten (l0) day period specified in this

Paragraph.

31.01.8 Email Communication From the Registry - Email will be the

standard method of communication regarding Registry application, and it is the

28

employee's responsibility to regularly check/or email communication regarding his/her Registry application. Employees who submit applications through the Registry will receive email communications from the Registry for at least the
folJowing: (a) confirming receipt of the employee's Registry application; (b) informing the applicant of online test results; and (c) advising the applicant of his or her inclusion in an Applicant Pool List which may be included as part of another communication (either item a or b above), or may be sent separately. 31.02 Employee Online Application and Testing Process 31.02.1 Gender Identification Information - In order for an employee to submit an application through the Registry, the employee will be reqUired to indicate his or her gender. 31.02.2 Submission of an Online Application - Through the Registry Website, the employee will be able to complete and submit an online application for any Registry Position. The Registry will not allow Employees to submit an online application for a particular Registry Position unless the Employee meets the minimum requirements for that Registry Position. The application will include an inquiry as to the JVP Region in which the employee seeks to apply. The application for Manager will include an inquiry as to whether the employee wants to also apply for the Service Tech position, and the application for KM will include an inquiry as to whether the employee wants to also apply for the Food Tech position. The Registry System will provide adequate prompts and error
29

messages to ensure that prior to final submission, the employee has completed all

required portions of the application.

31.02.3 On-Line Testing - Upon receiving an email or otherwise being

informed by the Registry that a test is necessary, the employee may complete and

submit the test online.

31.02.4 Complete Application Packet - To be considered for a particular

position, the employee must have on file with the Registry a Complete

,

Application Packet, consisting of both (a) a completed Online Application for the

position sought; and (b) a passed test for the position sought if a test is required

for the position.

31.02.5 Duration of Consideration· A Complete Application Packet will be

considered active unless de-activated for one of the following reasons: (a) the

employee is promoted to the position sought; (b) the employee is promoted to a

higher level position; (c) the employee voluntarily withdraws the application; Cd)

the employee leaves employment with Outback; (e) the employee does not pass

the interview or (f) the employee's application expires under the provisions of

Paragraph 31.02.6, below. Registry applications may not be de-activated for any

other reason. Outback shall maintain a record of all applications de-activated and

the reasons for de-activation.

31.02.6 Expiration of Employee Registry Applications - Expiration periods

for Registry Applications will be as follows:

Key, AKM

12 months

30

Manager, KM

12 months

Service Tech, Food Tech 12 months

Managing Partner

no expiration period

An employee's Registry application may be not be de-activated as expired, until

the employee has been notified by email of the expiration and given at least two

(2) weeks to request by email that the application remain active.

31.02.7 Maintenance of Current Employee Information - The Registry

System will include a process for employees to easily update relevant information

in the employee's Online Application, including particularly the employee's email

address. It is the employee's responsibility to maintain a current email address in

the Registry system.

31.03 Selection Process For Registry Positions

31.03.1 Qualified Employees Interested in the Position - An employee who

has compiled a Complete Application Packet for a particular Registry Position

will be deemed to be qualified for the position unless the employee fails the

interview process for the position, if applicable. An employee who has expressed

interest in working in a particular JVP region will be deemed to be interested in

positions in the NP Region indicated. An applicant will be deemed to be

applying in the JVP Region is which the applicant is employed at the time of

application, unless the application expressly indicates otherwise. Outback shall

make promotion decisions in a non-discriminatory gender neutral manner.

31

31.03.2 Applicant Pool List - The Applicant Pool List will include all employees who have compiled a Complete Application Packet for the position, and have expressed interest in working in the NP Region where the position is available. The Applicant Pool List will include the following information as shown on the application for each employee listed: name, address, phone numbers, date of hire at Outback, current position at Outback, NP Region and store in which the employee is currently working. Before filling any Registry Position, the hiring manager must obtain an Applicant Pool List from the Registry. For Manager positions, the Applicant Pool List will be obtained prior to selection of the individual to be admitted into the MIT program. 31.03.3 Candidate Interviews - The Hiring Manager may conduct standardized interviews with candidates on the Applicant Pool List. The standardized interviews will be conducted in accordance with Outback's published procedures for such interviews. Upon completion of each standardized interview, the Hiring Manager will record in the Registry the date of the interview and the candidate's interview score. 31.03.4 Selection Made From tbe Registry Applicant Pool List - Subject to the exception set forth in Paragraph 31.03.6 ("Consideration of Qualified Outside Candidates for Registry Positions"), below, all Registry Positions mustbe filled from the Applicant Pool List generated by the Registry, unless the Registry identifies no qualified employees interested in the position in the JVP Region. The decision-maker responsible for making the hiring decision will be afforded
32

access to all infonnation within the Registry for the candidates on the Applicant Pool List, including copies of applications, test results, and the results of the standardized interview (if completed). 31.03.5 Preference To Employees In the Store or Region - For AKM and Key positions, Hiring Managers may give preference to candidates working in the store where the vacancy exists. For all Registry Positions, Hiring Managers may give preference to candidates working in the JVP Region where the vacancy exists. 31,03.6 Consideration of Qualified Outside Candidates for Registry Positions· Outback retains authority to consider qualified outside candidates for Registry Positions. All of the same data will be compiled for an outside candidate as is compiled for an internal candidate. A decision to hire a Qualified Outside Candidate does not eliminate any of the other required steps in filling a Registry Position, including the requirements to obtain an Applicant Pool List from the Registry (Paragraph 31.03.2), to document interviews conducted pursuant to this
Consent Decree (Paragraph 31.03.3), to provide a brief explanation why the
successful candidate was selected (Paragraph 31.03.7), and to make genderneutral, non-discriminatory selection decisions. 31.03.7 R~ording the Selection Decision - For each Applicant Pool List obtained from the Registry, the hiring manager who requests the List will be required to enter a closing record indicating whether the position was filled, and if
33

filled, the name of the candidate selected for the position, the date of selection, and a brief explanation of why the successful candidate was selected. 31.04 Considerations for Promotion to Managing Partner: Outback shall establish and post on the Registry Website the minimum requirements for promotion to Managing Partner. Generally, promotions to Managing Partner will be based on the decision-maker's evaluation ofthe candidate's likelihood of success in the position, including such criteria as education, prior related training and experience, and demonstrated performance. The requirements for promotion to Managing Partner shall be applied equally to Kitchen Managers and to Managers, and female candidates will be given equal opportunity to complete the requirements and obtain other training considered in the decision. 31.04.1 Maintenance of Career Portfolios: Each Manager interested in promotion to Managing Partner is expected to maintain an accurate and current Career Portfolio, documenting completion of each required or recommended accomplishment.
VII. MONETARY RELIEF FOR INTERVENORS, CHARGING PARTIES, AND CLASS MEMBERS
32. Settlement Commitment Of Outback And Establishment Of A Settlement Fund Outback will pay the total amount of nineteen million dollars ($19,000,000) (the "Settlement Commitment") for the purpose of resolving all claims that were made against Outback in this civil action, in the Commissioners' Charge, and of claims made in the Charges of Discrimination listed in Exhibit A, including claims for damages of any type, for attorneys' fees, and for litigation costs and expenses. This amount includes all
34

payment~ to Class Members, Charging Parties, Intervenors, attorneys' fees and costs incurred in the civil action. 33. Selection of Settlement Administrator - The parties have agreed to appoint Rosenthal and Company as the Administrator of the Settlement Fund ("Settlement Administrator"). Payment of the Settlement Administrator will be made from interest earned on the Settlement Funds in the Settlement Fund Account. To the extent the interest is insufficient to cover these costs, Outback will be solely liable for any additional costs. 34. Establishment of A Section 468(b) Qualified Settlement Fund - The Settlement Administrator wi\l establish a Qualified Settlement Fund pursuant to IRC Section 468(b). 35. No Conditional Receipt - Outback will not condition the receipt of individual relief on an individual's agreement to (a) maintain as confidential the terms of this Consent Decree, (b) waive her statutory right to file a charge with any federal or state antidiscrimination agency, or (c) waive her right to apply for a position with Outback. 36. Duties of the Settlement Administrator - The Settlement Administrator will: 36.01 Establish an interest bearing Settlement Fund Account with a unique Taxpayer
Identification Number for purposes of disbursing money from the Qualified Settlement Fund. All interest earned in the account will be used to off-set the costs of settlement administration. 36.02 Receive the agreed upon Class A Potential Class List, trace all addresses on the list for current addresses, and prepare and mail notice and claim forms to those on the list. The Administrator will perform one follow-up address search and re-mail notice once for any undeliverable mailing contemplated by this Section.
3S

36.03 Seek additional information from Claimants, or Outback, when and where appropriate or necessary.
36.04 Prepare and send notices required under this Consent Decree, receive and process claim forms, executed release forms, Class B challenges, and other communications from Potential Class Members, Claimants, and Class Members, and provide reports and documents to the Parties as necessary for administration of the settlement funds.
36.05 Determine the eligibility and category assignments for Class A Claimants, based on criteria provided by the EEOC.
36.06 Facilitate obtaining releases from and making payments to Intervenors, Charging Parties, and Class Members.
36.07 After all settlement funds have been distributed, the Settlement Administrator shall provide the EEOC and Outback with copies of all executed releases.
37. Settlement Administrator Duties With Respect to Taxes - The Settlement Administrator will be responsible for preparing and filing all appropriate tax filings and reports, including, but not limited to, W-2 and 1099 forms for all payments from the Settlement Fund (including payment to Intervenors' attorneys), as well as any tax filing required for the Settlement Fund. The Settlement Administrator will be responsible for reporting and remitting to the appropriate taxing authorities the employer's share of taxes or contributions required to be paid by the employer in a timely manner after receipt of the amount due for those payments from Outback. Payments made under this Consent
36

Decree to Class Members, Intervenors, and Charging Parties will be apportioned seventy-

five percent (75%) to compensatory damages and twenty-five percent (25%) to back pay.

38. Funding the Settlement Fund Ac<:ount

38.01 Within ten (to) days of the Effective Date ofthis Consent Decree, Outback shall

deposit the Settlement Commitment described in Paragraph 32, above, in the

Qualified Settlement Fund.

38.02 Funding Settlement Amounts for Interveners - Within thirty-one (3 I) days of

the Effective Date of the Consent Decree and subject to execution of applicable

Releases, the Settlement Administrator will pay the following amounts to each

Intervenor or her agent, as necessary, and to Intervenors' attorneys;

Jennifer Turner Rieger -

$650,000.00

Heather Joffe -

$350,000.00.

Kelly Altizer -

$257,750.00.

Bankruptcy Trustee -

$42,250.00.

Lohf, Shaiman, Jacobs, Hyman, & Feiger, LLC - $550,000.00.

38.03 Funding Settlement Amounts for Charging Parties - Within thirty-one (31)

days of the Effective Date of the Consent Decree and subject to execution of

applicable Releases, the Settlement Administrator will pay each Charging Party,

or her agent, the amount stated on Exhibit A.

39. Administration of Class Settlement

39.01 Sub-Class Groups - The class will be divided into two sub-class groups. Class

A will cover women employed in Outback Steakhouse restaurants and NP

offices nationwide at any time between January 1, 2002, and the Effective Date of

37

this Consent Decree, who have failure-to-promote claims as defined in Paragraph 39.02.1, below. Class B will be comprised of identified individuals who participated in the EEOC lawsuit or the EEOC investigation of the Commissioner's charge. 39.02 Class A Claim Process 39.02.1 Factors for Determination of Class A Claims - To be eligible for a portion of the Class A distribution, each Claimant must have been employed by Outback for a threshold period of time to be determined by the EEOC. The threshold period shall not be less than thirty-six (36) months. Settlement awards in Class A will be divided into the following three (3) categories: Category 1: women employed by Outback for a minimum period, to be determined by the EEOC, who held the position of Manager or KM and were not promoted to Managing Partner. Category 2: women employed by Outback for a minimum period, to be determined by the EEOC, who held the position of Key or AKM, and were not promoted to Manager or KM. Category 3: women employed by Outback for a minimum period, to be determined by the EEOC, who attest that they were interested in management and were not promoted to Key, AKM or any Management Position. Exact minimum periods of employment contemplated by this Paragraph will be determined by the EEOC based on updated electronic employee data to be supplied by Outback by January 8,2010, and produced to EEOC in the same
38

format as it was produced during discovery. Within thirty (30) days of receiving

the electronic data from Outback, EEOC will determine the minimum periods and

advise Outback and the Settlement Administrator.

39.02.2

Preparation of Class A Potential Class List - Within twenty-five

(25) days of the date of the entry of the Consent Decree, Outback, using

reasonably available electronic data including electronic payroll data, will

generate and provide to the Settlement Administrator an electronic list of all

individuals employed for at least thirty-six (36) consecutive months in Outback

Steakhouse restaurants and NP offices nationwide at any time between January

1,2002, and the Effective Date of this Consent Decree, including name, last

known address, phone number, dates of employment, social security number, and

gender identification. The list prepared by Outback will be electronically

analyzed for gender misidentification by either the Settlement Administrator or

other qualified entity.

39.02.3 Notification Period - For a period of one hundred and fifty (150) days

after the Effective Date of this Consent Decree, the Settlement Administrator shall

attempt through the means set forth below, to notify potential Class A members of

the settlement.

39.02.4 Mailing to Potential Class Members - Within forty-five (45) days

from receipt of the Potential Class List from Outback, or the Class A criteria from

the EEOC, whichever is later, the Settlement Administrator will mail the

following materials to each woman in Class A: (1) a cover letter drafted by the

39

EEOC, clearly stating the deadline for submission of claims, and providing a website address and toll-free telephone number; (2) a Class A Claim Form; and (3) a return envelope addressed to the EEOC at a post office box provided by the Administrator. 39.02.5 Return Mailings - For Potential Class A Members whose notices are returned by the U.S. Postal Service as undeliverable, the Settlement Administrator will perform one (l) address search and re-mail notice once to those for whom a potentially new address can be found. 39.02.6 Website Notification - In cooperation with the Parties, the Settlement Administrator will develop a website dedicated to providing information and receiving Class A claims. The website will include all of the information contained in the mailed notice, and will allow for submission of Class A claims through the website. The website will remain available until the deadline for returning Class A claim forms. 39.02.7 Toll-Free Number Notification - The Settlement Administrator, in consultation with the Parties, will establish a toll-free telephone number with automated answering to receive telephone inquiries. The toll-free telephone number will remain available until completion of the settlement process. 39.02.8 Deadline for Submitting Class A Claim Forms - The deadline for receipt by the Settlement Administrator of Class A claim forms ("Claim Form Deadline") shall be the one hundred and eightieth (I 80th) day after entry of this Consent Decree or forty-five (45) days after the Settlement Administrator re-mails
40

the Claimant notice, whichever is later. For claim forms returned by a Claimant by mail, if the deadline day falls on a weekend day or federal holiday, the deadline will be the next business day after such weekend day or holiday. Claim forms postmarked on or before the deadline date and received within seven (7) business days after the deadline date shall be considered timely. The Settlement Administrator may request additional information from an individual claimant, if it appears that such additional information would complete the claim form. Such additional information obtained by the Administrator shall be documented and considered part of the original claim form. 39.02.9 Claims Submitted by Individuals Not on the Potential Class Member List - If the Administrator receives Class A claims from any individual who is not on the list of Potential Class A Members, the Administrator will provide to Outback and EEOC the Claimant's name, Social Security Number, and contact information. Outback will promptly check its Human Resource and Payroll databases and advise the Administrator and EEOC whether the Claimant was employed during the relevant time period, and if so, the Claimant's dates of employment and store location. Based on the information provided by Outback, the Administrator will determine the Claimant's eligibility. 39.02.10 Determination of Eligibility and Award Categories - The Settlement Administrator, applying the factors set forth in Paragraph 39.02.1 above, shall review each Class A claim submitted and make a preliminary determination as to whether the Claimant is eligible for relief from the Settlement
41

Fund, and if so, the category of award the Claimant is entitled to receive. The Settlement Administrator shall then provide Outback with a list of those preliminary determinations. Outback shall have thirty (30) days to submit challenges and supporting data and materials concerning the preliminary determinations to the Settlement Administrator. Based on the preliminary determinations and any Outback challenge, the Settlement Administrator shall make a final determination for each Claimant. The final determination of the Settlement Administrator will be final and binding. The Administrator's determinations will be compiled in an electronic spreadsheet and provided to EEOC within sixty (60) days after the Claim Form Deadline provided in Paragraph 39.02.8 above. The EEOC will determine the amount payable for each Category, and may determine sub-categories based on length of tenure with Outback, length of tenure in a Key, AKM, Manager or KM position andlor whether the Claimant is a current Outback employee. 39.03 Class B Claim Process 39.03.1 Mailing to Class B Potential Class Members - To each woman in Class B the EEOC will mail the following materials: (I) a cover letter drafted by the EEOC clearly stating the deadline for submission of claims, and providing an email address and telephone number for inquiries; (2) a Class B Claim Form; and (3) a return envelope addressed to the EEOC. 39.03.2 Class B Claim Determinations - Within ten (10) days of the Effective Date, EEOC will provide Outback with a list of the individuals in Class B.
42

Outback shall then have thirty (30) days to inform EEOC of any individual in Class B who has received consideration from Outback for providing a waiver or release of claims for gender discrimination (including hostile work environment and related retaliation claims), and to provide EEOC with relevant documents. The EEOC shall review each Class B claim submitted and determine based on the criteria set forth in Paragraph 39.03.3, below, whether the Claimant is eligible for relieffrom the Settlement Fund, and ifso, the category of monetary award. 39.03.3 Factors for Determination of Class B Claims - The factors to be considered in making Class B determinations are: (a) whether the Class Member articulated facts sufficient to support a claim for retaliation; (b) the extent to which the Class Member was subjected to a hostile work environment based on gender; (c) the severity of any harassment to which the Class Member was subjected, including whether the harassment was physical and the length of time the Class Member worked in the hostile environment; (d) whether the Class Member was subject to different terms and conditions of employment based on her gender; (e) the extent of harm suffered by the Class Member; (f) the specificity and verifiability of the Class Member's allegations; (g) the extent to which the Class Member contributed to the EEOC's litigation or investigation; and (h) whether the Class Member previously received consideration from Outback for a signed release of her hostile work environment, discrimination or retaliation claim(s) and the sufficiency of any such consideration.
43

39.04 Determination Of Monetary Awards 39.04.1 EEOC Class Distribution Lists - Within sixty (60) days after the Settlement Administrator has provided the EEOC a determination of the Class A claims, EEOC will provide Outback and the Settlement Administrator with Class A and Class B Distribution Lists. EEOC's determination of Monetary Awards will be consistent with the criteria set forth in Paragraphs 39.02.1, and 39.03.3, above, and subject also to the criteria set forth in the following Paragraph 39.04.2. 39.04.2 Additional Factors for Determination of Monetary Awards to Class Members - No individual Monetary Award will exceed a gross amount of one hundred thousand dollars ($100,000). The total amount of payments to Class Members shall not exceed the Disbursable Class Settlement Amount. 39.04.3 Notice of Determination - Within thirty (30) days of when EEOC issues the Class Distribution Lists as provided in Paragraph 39.04.01, above, the Settlement Administrator will send each Class A and Class B Claimant a Notice of Determination, advising the Claimant whether her claim was approved or denied, and if the claim is approved, the monetary award amount and instructions for accepting the award, including a clear statement of the deadline for accepting. If the claim is approved, the Notice of Determination will be sent with the appropriate release form and tax reporting form, and a return envelope. Class B claimants will also be sent an explanation of the challenge process set forth in Paragraph 39.04.5, below.
44

39.04.4 Deadline for Acceptance or Challenge - The deadline for receipt by the Settlement Administrator of signed releases will be the thirtieth (30th) day after the date the Notice of Determination is mailed by the Settlement Administrator. The deadline for receipt by the Settlement Administrator of challenges to the Class B determinations will be the thirtieth (30th) day after the date the Notice of Determination is mailed by the Settlement Administrator. If the deadline day falls on a weekend day or federal holiday, the deadline will be the next business day after such weekend day or holiday. 39.04.5 Chal1enge Procedure for Class B Determinations - On Class B Claims only, a Monetary Award determination may be challenged by a Class B Claimant on the basis that the established criteria were incorrectly applied to her claim. Any such challenge must be submitted in writing to the Settlement Administrator, postmarked within thirty (30) calendar days after the date of mailing of the Notice of Determination. Any additional supporting documentation (such as pay stubs, state or federal tax returns or any dated documentation received from Outback), must be submitted to the Settlement Administrator with the written challenge. Failure to submit a timely written
challenge shall bar a Claimant from challenging a determination of potential
eligibility or Monetary Award. Within twenty-one (21) days after receiving any such challenges, or as soon thereafter as is practicable, the Settlement Administrator shall render a final determination on the challenge. The Settlement Administrator shall, on the same day, send written notice to the EEOC, and the
45

objecting Claimant of that final determination. The Settlement Administrator's determination shall be final, binding and non-appealable. 39.04.6 Effect of Failure to Return Signed Release - A Class Member who fails to timely sign and return a release form (either within thirty (30) days of when the Notice of Determination is mailed, or after adjudication of a timely-filed challenge) will be deemed to have rejected the offered Monetary Award and will receive no payment from the Settlement Fund. Settlement funds allocated to Class Members who do not accept the offer, will be equally distributed among the remaining Class Members, subject to the cap on individual awards set forth in Paragraph 39.04.2, above. 39.04.7 Payment of Claims and Reversion of Remaining Amount - Within ten (10) days from the deadline for receipt of resolution of any Class B challenges, or if none, within thirty (30) days from the deadline to submit challenges, the Settlement Administrator will send EEOC an updated distribution list, revised as necessary to (a) incorporate adjustments made as a result of Class B challenge decisions; and (b) distribute funds previously allocated for Class Members who did not accept the Monetary Award. Within ten (10) days of receiving the revised distribution list, the EEOC will provide the Settlement Administrator with a Final Distribution List. Within thirty (30) days of receiving the Final Distribution List, the Settlement Administrator will (a) send Outback the original executed releases; (b) issue settlement checks in accordance with the Final Distribution List; and (e) mail the settlement checks to the Class Members.
46

After allowing a reasonable time for negotiation of settlement checks, any remaining undistributed settlement funds will be (after giving advance notice to Outback) sent to a 50 I(c)(3) organization selected by the EEOC. Such organization should provide services to assist women entering or reentering the workforce. 39.05 Class-Wide Mailings - The Parties agree that class-wide mailings are to be limited to those specifically described in the Consent Decree, namely: (a) the Mailing to Potential Class ~embers described in Paragraph 39.02.4; (b) the Notice of Determination described in Paragraph 39.04.3; and (e) the mailing of class payments described in 39.04.7.
VIII. REPORTING AND RECORD KEEPING 40. Document Preservation
40.01 Records Relating to Promotion to Registry Positions - For the duration of the Consent Decree, Outback agrees to retain such records for the Registry positions as are necessary to demonstrate its compliance with this Consent Decree and verify that the reports submitted are accurate, including but not limited to the records specifically identified below. 40.01.1 Registry Records to be Maintained - For the duration of this Consent Decree, and for six (6) months after expiration of the Consent Decree, Outback will retain all data submitted to or created by the Registry, including all of the following records:
47

•

A record of each online application submitted by an Outback employee,

including employee name and all information contained in the application,

the date the application was submitted, the Registry Position for which the

employee applied, the IVP Region in which the employee expressed

interest;

•

A record of each online test completed, including employee name, date the

test was submitted, the Registry Positions for which the test is required,

the employee's test score, whether the employee passed the test, and an

electronic copy of the employee's test answers;

A record of each entry of an applicant into an Applicant Pool List,

including employee name, date the application packet was completed, the

Registry Position sought, and the JVP Region for which the employee

expressed interest;

A record of each standardized interview conducted, including employee

name, date of interview, interview scoring, Registry Position sought, and

the JVP Region for which the employee expressed interest;

A record of each Applicant Pool List obtained by a Hiring Manager under

Paragraph 31.03.2 for purposes of filling a vacant position, including date

of the List, the hiring manager who obtained the list; the Registry Position,

the JVP Region and (if applicable) store location of the position to which

the list pertains, all information contained in the list, whether the position

48

was filled, and if so, the date the position was filled, the candidate selected

for the position, and the closing record required under Paragraph 31.03.7;

A record of each Qualified Outside Candidate, including the candidate's

name, date of entry into the Registry system, all information entered by

the candidate or about the candidate, the position for which the candidate

is being considered, the NP Region and (if applicable) store location of

the position for which the candidate is being considered, the candidate's

application, test scores, interview scores, and a brief explanation of why

the successful candidate was selected;

•

A record of each applicant de-activated from the Registry, including the

date of de-activation, the individual effecting de-activation, and the reason

for de-activation (i.e., promotion to the position sought; promotion to a

higher position; withdrawal by the employee; termination of employment;

failure to pass interview; expiration after notice);

•

Electronic copies of resumes, if they are allowed to be submitted with the

application; and

•

Electronic copies of all email messages sent from the Registry, including

the date the email was sent.

40.01.2 Additional Registry Records to be Retained - In addition to the

electronic data from the Registry Database, Outback will retain copies of any

interview notes and meeting notes documenting the selection decision for any

Registry Position. The records described in this Paragraph 40.01.2 will be

49

retained for the duration ofthis Consent Decree and for six (6) months after the expiration of the Consent Decree. 40.02 Records Relating to Managing Partner Promotions
40.02.1 JVP Records of Manager Progress Toward Promotion to Managing Partner - NPs are required to maintain accurate records of whether
and when the candidates in the Managing Partner Applicant Pool in the JVP Region have completed the published considerations for promotion to Managing Partner. NPs are encouraged to periodically review the candidates' Career Portfolios and resolve any discrepancy between information contained in the
Career Portfolios and the information retained by the NP.
40.02.2 Records Documenting Promotion Decisions - For each Managing Partner position filled during the Consent Decree, Outback will retain all records documenting the selection decision, including records documenting the qualifications of candidates in the Applicant Pool at the time of the selection decision, Career Portfolios, and JVP Records described in Paragraph 40.02.1, above, interview notes from any interviews considered, and meeting notes from any meeting held to discuss the various candidates. Additionally, the Hiring Manager responsible for the selection decision will prepare a brief summary of why the successful candidate was selected. All of the records described in this Paragraph 40.02.2 will be retained for six (6) months after expiration ofthis Consent Decree.
50

40.03 Non-Registry Records to be Retained - For the duration of the Consent Decree,

and for six (6) months after the expiration of the Consent Decree, Outback shall

retain the following records in the form maintained in the ordinary course of

business:

•

All formal, standardized, written performance reviews if any are prepared

during the term of the Consent Decree, for individuals in Registry

Positions;

•

All Complaints of Discrimination, Harassment or Retaliation (as defined

in Paragraph B(E) above) and all records of the investigation of those

complaints;

All records of employee Disciplinary Action, including any investigative

records supporting the discipline or discharge decision. For the purposes

of this Paragraph, Disciplinary Action is any documented verbal warning

or counseling, written warnings, suspensions, and terminations related to

gender discrimination, sexual harassment or retaliation relating to gender

discrimination or sexual harassment;

•

All computerized human resources and payroll data.

40.04 Record Retention Obligations - Outback acknowledges that it will comply with

its existing record retention obligations pursuant to the EEOC's regulations and

all applicable laws, including with respect to maintenance of personnel records as

required under 29 C.F.R. 1602.4.

51

41. Reports

41.01 Preliminary Reporting - Within one hundred eighty days (180) days of the

Effective Date of this Consent Decree, Outback shall provide the EEOC with the

following:

•

Proposed EEO training programs, as required in Paragraph 29.01 ("EEO

Training"), above, to be provided within sixty (60) days after the Consent

Decree Effective Date;

•

A status report on the EEO policy review project required in Paragraph 30

("Analysis and Implementation of EEO Policies and Procedures") above;

and

Verification that Consent Decree orientation has been conducted as

required under Paragraph 23.02, above;

41.02 Periodic Reports

41.02.1 During the term of this Consent Decree, Outback shall submit semi-

annual reports to the Consultant and to the EEOC. With each report, Outback

shall submit all data in electronic fonn where available, and otherwise in hard

copy form.

41.02.2 The first reporting period will begin on the Effective Date of this

Consent Decree, and will end on the last day of the sixth complete calendar month

thereafter. Each subsequent reporting period will be six (6) calendar months. The

semi-annual reports contemplated in this Paragraph shall be submitted no later

than sixty (60) days after the close of each reporting period.

52

41.02.3 Each report shall contain the following information for the relevant

reporting period:

•

The Registry Database for the period from initiation of the Registry

through the close of the reporting period;

•

A list of employees employed in Registry Positions during the reporting

period, or any portion ofthe reporting period, including for each employee

listed the employee's date of hire and gender;

A summary of actual promotions to Registry Positions, by region,

position, and gender;

•

A summary report of employee Complaints of Discrimination. Harassment

or Retaliation (as defined in Paragraph 8(E), above), including for each

complaint, a description ofthe investigation conducted, the conclusion

reached, and any remedial measures taken;

A summary report of Disciplinary Actions (as that term is defined in

Paragraph 40.03, above) taken against employees for sexual harassment or

gender discrimination during the reporting period; and

•

Verification of employee attendance for all EEO training conducted

pursuant to this Consent Decree during the reporting period.

41.03 Additional Records to be Produced on Request - Upon request by the

Consultant, for purposes of reasonable orientation to Outback's records and

recordkeeping, or to further investigate specific concerns resulting from the

Periodic Reports provided to the Consultant, or concerns raised by the

S3

Consultant's analysis of the data provided under this Consent Decree, Outback

will promptly provide all or a specified portion of the following records:

An updated database containing Outback's human resources and payroll

data;

•

All records, electronic and paper records, documenting the selection

decision for each Registry Position filled during the reporting period,

including the Applicant Pool List, Applications, Resumes, Test results,

and Interview records for candidates on the Applicant Pool List and for

any outside candidates considered under Paragraph 31.03.6, gender data

for candidates on the Applicant Pool List and for any outside candidates

considered under Paragraph 31.03.6, identity of the successful candidate,

and the Hiring Manager's brief explanation of why the successful

candidate was selected; and

All records documenting Disciplinary Actions (as defined in Paragraph

40.03, above) taken against employees for sexual harassment or gender

discrimination during the reporting period, including documents

supporting the discipline, investigative records, and records reflecting the

decision-making process.

41.04 Other Reports

41.04.1 No later than ten (10) business days prior to holding the orientation

meetings required under Paragraph 23.02 ("Orientation on Consent Decree"),

Outback shall provide the EEOC with the dates, times and locations of the

54

orientation meetings and copies of the materials to be used in carrying out the

orientation, including materials used by the trainer as well as materials distributed

to participants.

41.04.2 No later than ten (10) business days prior to holding the Registry

Orientation meetings required under Paragraph 31.0 lA, Outback shall provide the

EEOC with the dates, times and locations of the orientation meetings and copies

of the materials to be used in carrying out the orientation, including materials used

by the trainer as well as materials distributed to participants.

41.04.3 Pursuant to Paragraph 30 ("Analysis and Implementation ofEEO

Policies and Procedures"), Outback shall deliver to the EEOC any amended

employment policies.

41,05

Additional Data ~ The EEOC and the Consultant shall have the right to

request additional computer or other data from Outback, so long as the

information sought is necessary and consistent with the monitoring of the Consent

Decree and is not unduly burdensome for Outback to produce. Outback shall

comply with a request for additional data within thirty (30) days of the request.

Any disputes regarding the propriety of any request for additional data shall be

resolved by the Court as provided in Section VIII ("Enforcement of Consent

Decree).

41.06 Reports ofConsuitaot - Within thirty (30) days after receiving Outback's semi-

annual compliance reports, as required under Paragraph 41.02 ("Periodic

Reports"), above, the Consultant shall review the information reported and

55

provide a written report to the Parties with respect to Outback's progress in

implementing this Consent Decree. Each report shall:

•

Briefly describe the activities of the Consultant during the reporting

period;

Report of statistical analysis as to whether fewer women were promoted to

Registry Positions than would be projected based on the proportion of

women in the applicant pool, and if there is a statistical shortfall, the

Consultant's assessment of the reasons for the shortfall and whether there

has been progress in reducing any such shortfall;

•

Report the Consultant's analysis of the adequacy of complaint process and

procedures in place during the reporting period, and identify any

deficiencies in those processes and procedures;

•

Evaluate whether Outback is in compliance with the terms of this Consent

Decree, as "Compliance" is defined in Paragraph 10; and

•

Such other information as the Consultant deems appropriate.

IX. ENFORCEMENT OF CONSENT DECREE 42. Enforcement by EEOC - It is expressly agreed that if EEOC concludes that Outback has

breached this Consent Decree, EEOC may seek relief from the Court for the alleged

breach, after complying with the informal resolution procedures set forth in Paragraph 43,

below.

56

43. Requirement of Informal Resolution Efforts 43.01 Notice of Dispute - Prior to initiating an action to enforce the Consent Decree, the moving party will provide written notice to all other Parties regarding the nature of the dispute. This notice shall specify the particular provision(s) believed to have been breached and a statement of the issues in dispute. The notice may also include a reasonable request for documents or information relevant to the dispute. 43.02 Response to Notice of Dispute - Within thirty (30) days after service of the Notice of Dispute, Outback will provide a written response and provide the requested documents or information. The EEOC may also submit responses within fourteen (14) days after service of the Notice.
43.03 Service - Service of the Notice of Dispute and any Responses shall be made by
hand-delivery, facsimile transmission, or electronic mail. 43.04 Meeting - After service of the Responses, the Parties will schedule a telephonic or
in-person meeting to attempt to resolve the dispute. 43.05 Dispute Resolution Period - If the dispute has not been resolved within sixty
(60) days after service of the Notice of Dispute, an action to enforce the Consent Decree may be brought in this Court. 44. Expedited proceedings - The provisions of this section do not prevent the EEOC from bringing an issue before the Court when the facts and circumstances require immediate Court action. The EEOC's moving papers shall explain the facts and circumstances that necessitate immediate Court action. If the EEOC brings a matter before the Court
57

requiring immediate Court action, copies of the moving papers will be provided to Outback's General Counsel, within three (3) business days of being filed with the Court.
X. MISCELLANEOUS PROVISIONS 45. Joint Document Of The Parties - The terms of this Consent Decree are the product of
joint negotiation and are not to be construed as having been authored by one party or another. 46. Limited Applicability to New Hires - All female employees hired by Outback after the Effective Date of this Consent Decree may avail themselves of the non-monetary relief portions of the Consent Decree but may not avail themselves of the monetary relief provisions hereunder. 47. Amendment and Modification or Consent Decree - By mutual consent of the Parties, this Consent Decree may be amended in the interest ofjustice and fairness in order to execute the provisions involved. Should any Party determine that modification, additions, or deletions to this Consent Decree are necessary, the counsel for the Parties shall meet in good faith and on reasonable notice to discuss any such changes. No modification, deletion, or addition to this Consent Decree shall be adopted unless it is agreed upon in writing, signed by the Parties, and so ordered by the Court. 48. Implementation - The Commission and Outback agree to take all reasonable steps that may be necessary to fully effectuate the terms ofthis Consent Decree.
58

l3y Consent:
U.S. Equal Employmellt OpportuniLy Commission

XI. SIGNATURES

Outback Steakhouse ofFlorida, Inc. OS Restaurant Services, LLP, ffkJa! 0 Restamllnt Services, Inc.

9 Date: I '" . "l,.. -z.., - 0 i

Ordered this _ _ _ day of December, 2009

Hon. Christine M. Arguello U.S. District Courl Judge

59

By Consent:
u.s. Equal Employment
Opportunity Commission

XI. SIGNATURES

By;
Mary Jo O'Neill Regional Attorney
Outback Steakhouse of Florida, Inc. OS Restaurant Services, LLP, ffkJaJ OS Restaurant Services, Inc.

Date:

By:
Joseph J. Kadow Executive Vice President

Date:

DATED: December 29, 2009

BY THE COURT:

CHRISTINE M. ARGUELLO United States District Judge

i

t ,

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Co~ for DatillAdtllb

Exhibit A SEALED

EXHIBIT B QNTERVENOR RELEASE)

RELEASE

I,

, hereby acknowledge and agree that I have received the sum of

$

as payment in full and final settlement of my claims against Outback Steakhouse of

Florida, LLC (formerly Outback Steakhouse of Florida, Inc.) and OS Restaurant Services, LLC

(formerly OS Restaurant Services, Inc.) (hereinafter collectively referred to as "Outback") for

alleged back pay, lost compensation, compensatory damages, attorneys' fees and costs asserted

by me as an intervenor in the civil action entitled EEOC v. OUTBACK STEAKHOUSE OF

FLORIDA, INC., et ai, Case No. 06 cv 1935. ]n consideration for my receipt of this payment, ]

hereby waive, release and forever discharge Outback with respect to any and all actions and

claims of unlawful employment practices under Title VII of the Civil Rights of 1964, as

amended, or any state employment discrimination law, that I have or may have had against

Outback prior to the date of this release.

Date:

Signature:

62

EXIDBIT C (Class A Title VII Gender Failure-to-Promote> CLASS A RELEASE FORM
In consideration for at least $ _ _ _ _ _ _ _ paid to me by _ _ _ _ _ _ _ _, in connection with the resolution of EEOC v. OUTBACK STEAKHOUSE OF FLORIDA, INC., et al 06 cv 1935, I waive my right to recover for any claims of failure to promote on the basis of gender arising under Title VII ofthe Civil Rights Act of 1964 that I had against Outback Steakhouse prior to the date of this release.,
Dme:._____________________ Signature:.___________________
63

EXHIBIT D (CLASS B - TITLE VII GENDER CLAIMS)

CLASS B RELEASE FORM

In consideration for at least $

paid to me by

, in

connection with the resolution of EEOC v. OUTBACK STEAKHOUSE OF FLORIDA, INC., et

al 06 cv 1935, I waive my right to recover for any claims of gender discrimination arising under
Title VII of the Civil Rights Act of 1964 that r had against Outback Steakhouse prior to the date

of this release and that were included in the claims alleged in EEOC's complaint in United

States District Court.

Date:_ _ _ _ _ _ _ _ _ _ _ __

Signature:_ _ _ _ _ _ _ _ _ _ _ __

64

EXHIBIT E (RELEASE FOR CHARGING PARTIES)

RELEASE

In consideration for $

paid to me by

in connection

with the resolution of EEOC v. OUTBACK STEAKHOUSE OF FLORIDA, INC., et al 06 cv

1935, I waive my right to recover for any claims arising out of Charge number

_ _ _ _ _ _, filed with the Equal Employment Opportunity Commission. This release

shall also include, but is not limited to, all claims of gender discrimination arising under Title VII

of the Civil Rights Act of 1964 that I had against Outback Steakhouse prior to the date ofthis

release and that were included in the claims alleged in EEOC's complaint in United States

District Court.

Date:_ _ _ _ _ _ _ _ _ _ _ __

Signature:_ _ _ _ _ _ _ _ _ _ _ __

65

EXillBIT F - NOTICE TO EMPLOYEES
This Notice is being posted as part of an agreed-upon settlement and mutually developed Consent Decree between Outback Steakhouse of Florida, LLC, OS Restaurant Services, Inc. d/b/a Outback Steakhouse ("Outback") and the Equal Employment Opportunity Commission (EEOC).
Unlawful Discrimination: Under federal law, it is unlawful for an employer to discriminate based on race, color, religion, sex, national origin, age (40 or over), or disability. This means that a supervisor or manager cannot make decisions about hiring, promotion, pay, or other conditions of employment. based on race, color, religion, sex, national origin, age (40 or over). or disability. This also means that the work environment should be free from harassment or ridicule based on race, color, religion, sex, national origin, age (over 40), or disability.
Unlawful Retaliation: It is also unlawful to discriminate or retaliate against any individual who reports or complains about what he or she believes to be unlawful discrimination based on race, color, religion, sex, national origin, age (over 40), or disability.
Reporting Improper Conduct: If you are aware of any events, conduct, or information, which you bel1eve may indicate some improper discrimination or harassment, it is very important that you report the information so the necessary steps may be taken to investigate, identify, and promptly remedy any problems. You may report such improper to conduct to any of the following:
Reporting to Outback: Within the Outback organization, you may make such a report to the JVP of your Region, the Service Tech in your Region, to any manager in the restaurant where you work, to the Managing Partner of your restaurant, or to Bob Donovan, or Jaci Jolly at the Home Office. By reporting a problem to Outback, you do not waive any rights to file a charge of discrimination with the EEOC, or your state agency.
Please see your OSI Employee Policies Handbook or the Info Poster in your restaurant for contact information of the individuals you can call to report discrimination to Outback.
Reporting to the U.S. Equal Employment Opportunity Commission: The EEOC is responsible for enforcing federal laws prohibiting employment discrimination based on race, color, religion, sex, national origin, age (40 or over), or disability. You may directly contact the Denver Field Office ofthe EEOC, at any of the following numbers:
Telephone: 303.866.1300 TTY: 303.866.1950 Fax: 303.866.1085 Toll Free: 1.800.669.4000
The Denver District office of the EEOC is located at 303 East 17th Avenue, Suite 410, Denver, Colorado 80203. Contact information for other offices of the EEOC may be found on the EEOC's website www.eeoc..gov
66

EXHIBIT G (LETTERS OF REFERENCE)
[Outback Letterhead) To Whom It May Concern:
Cathy Ryan worked at Outback Steakhouse in Wichita, Kansas from August 2004 to November
2007. During her employment, Cathy learned many positions including Head Wait and Key Supervisor. She was promoted to Front of the House manager in January 2006, and in this position, was responsible for managing the entire wait staff and other front of house employees in the restaurant. Cathy was a valued employee and will continue to be successful in her future endeavors.
Sincerely,
67

To Whom It May Concern:

[OUTBACK LETTERHEAD]

It is with great pleasure that ( recommend Kelly Altizer. She was employed with Outback from early 2000 until 2004.
Kelly has always displayed a high degree of integrity, responsibility, and ambition. She is definitely a leader rather than a follower. She began with the company as a server and was promoted to a salaried manager. She also worked as our regional special events coordinator.
She is also a most dependable team player. Her good judgment and mature outlook ensure a logical and practical approach to her endeavors.
Kelly would be an asset to any organization, and I am happy to give her my wholehearted endorsement.
Sincerely,

68

[OUTBACK LETIERHEAD] To Whom It May Concern, Heather Joffe was employed at Outback Steakhouse from January 1997 to September 2005. She was in an excellent employee in all respects. Heather was competent in all aspects of the restaurant to the extent that she Was in charge of training, scheduling, and administrative duties. Heather went through management training in December of 2004 and was promoted to traveling manager for the extent of her time with Outback. Heather was an excellent employee who worked hard, was very responsible, and has a great deal of potential.
Sincerely,
69

[OUTBACK LETTERHEAD] To Whom This May Concern: Jennifer Turner-Rieger was employed by Outback Steakhouse for over ten years in 1989, 19931994 and from September 1994 until February 2003. Prior to leaving Outback Steakhouse, Ms. Turner-Rieger had worked a number of years as manager of one of the largest and most successful Outback restaurants in Colorado. Ms. Turner-Rieger worked as a server, bartender, Administrative Assistant, Kitchen Manager, and had achieved the position of Service Manager, the second-highest position in a restaurant, when she left Outback. Although she never had the formal position of Proprietor of an Outback restaurant, she did an excellent job of performing many of the functions ofa Proprietor for several years and, under Ms. Turner-Rieger's leadership, the restaurant was able to maintain some of the lowest costs and highest profits in the nation. In addition, Ms. Turner-Rieger was selected by Outback to train new employees in Hong Kong, Peru and Mexico City. Ms. Turner-Rieger was an outstanding employee for Outback. She would be a great addition to any organization.
Sincerely,
70

 
 Case: 1:06-cv-1935 As of: 10/22/2017 10:29 AM MDT 1 of 37
NDISPO,TERMED
U.S. District Court District of Colorado (Denver) CIVIL DOCKET FOR CASE #: 1:06−cv−01935−CMA−KLM

Equal Employment Opportunity Commission v. Outback Steakhouse of Florida, Inc. et al Assigned to: Judge Christine M. Arguello Referred to: Magistrate Judge Kristen L. Mix Case in other court: USCA, 09−01333 Cause: 42:2000e Job Discrimination (Employment)
Plaintiff

Date Filed: 09/28/2006 Date Terminated: 12/29/2009 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Defendant

Equal Employment Opportunity Commission

represented by Ann Louise Fuller U.S. Equal Employment Opportunity Commission−Denver 303 East 17th Avenue Suite 410 Denver, CO 80203−9634 303−866−1319 Fax: 303−866−1375 Email: ann.fuller@eeoc.gov TERMINATED: 03/02/2007 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 TERMINATED: 06/09/2009 LEAD ATTORNEY

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

Jennifer Ann Randall Social Security Administration−Denver Office of the General Counsel, Region VIII 1961 Stout Street Suite 4169 Denver, CO 80294−4003 303−844−0813 Fax: 303−844−0770 Email: jennifer.randall@ssa.gov TERMINATED: 07/11/2008

Stephanie Struble U.S. Equal Employment Opportunity

Case: 1:06-cv-1935 As of: 10/22/2017 10:29 AM MDT 2 of 37
Commission−Denver 303 East 17th Avenue Suite 410 Denver, CO 80203−9634 303−866−1381 Fax: 303−866−1375 Email: stephanie.struble@eeoc.gov ATTORNEY TO BE NOTICED

V. Intervenor Plaintiff Kelly Altizer TERMINATED: 09/10/2007
Intervenor Plaintiff Jennifer Turner−Rieger
Intervenor Plaintiff Heather Joffe
Intervenor Plaintiff Albert Hoffman Trustee for the estate of debtors David and Kelly Altizer

represented by Lynn D. Feiger Lohf Shaiman Jacobs Hyman & Feiger, PC 950 South Cherry Street Suite 900 Denver, CO 80246−2666 303−753−9000 Fax: 303−753−9997 Email: lfeiger@lohfshaiman.com
Stephanie Struble (See above for address) TERMINATED: 01/08/2008
represented by Lynn D. Feiger (See above for address)
Stephanie Struble (See above for address) TERMINATED: 01/08/2008
represented by Lynn D. Feiger (See above for address)
Stephanie Struble (See above for address) TERMINATED: 01/08/2008
represented by Lynn D. Feiger (See above for address) ATTORNEY TO BE NOTICED
Stephanie Struble (See above for address) TERMINATED: 01/08/2008

V. Defendant Outback Steakhouse of Florida, Inc.

represented by David Bennet Ross Seyfarth Shaw, LLP−New York 620 Eighth Avenue #3100 New York, NY 10018 212−218−5511 Fax: 212−218−5526 Email: DRoss@seyfarth.com

Case: 1:06-cv-1935 As of: 10/22/2017 10:29 AM MDT 3 of 37
ATTORNEY TO BE NOTICED
Gerald L. Maatman , Jr. Seyfarth Shaw, LLP−Chicago 233 South Wacker Drive Suite 8000 Chicago, IL 60606−6448 312−460−5000 Fax: 312−460−7000 Email: gmaatman@seyfarth.com
John L. Collins Seyfarth Shaw, LLP−Houston 700 Milam Street Suite 1400 Houston, TX 77002−2812 713−225−2300 Fax: 713−225−2340 Email: jcollins@seyfarth.com
Lawrence L. Lee Fisher & Phillips, LLP−Denver 1801 California Street Suite 2700 Denver, CO 80202−3025 303−218−3650 Fax: 303−218−3651 Email: llee@laborlawyers.com TERMINATED: 09/25/2009
Mark J. Oberti Seyfarth Shaw, LLP−Houston 700 Milam Street Suite 1400 Houston, TX 77002−2812 713−225−2300 Fax: 713−225−2340 Email: moberti@seyfarth.com ATTORNEY TO BE NOTICED
Richard Saul Mandelson Baker & Hostetler, LLP−Denver 1801 California Street Suite 4400 Denver, CO 80202 303−861−0600 Fax: 303−861−7805 Email: rmandelson@bakerlaw.com
Roger Glenn Trim Ogletree Deakins Nash Smoak & Stewart, P.C.−Denver 1700 Lincoln Street Suite 4650 Denver, CO 80203 303−764−6800 Fax: 303−831−9246 Email: roger.trim@ogletreedeakins.com ATTORNEY TO BE NOTICED
Stacy Dian Mueller Constangy Brooks Smith & Prophete, LLP−Denver 600 17th Street Suite 2700−S

Case: 1:06-cv-1935 As of: 10/22/2017 10:29 AM MDT 4 of 37

Denver, CO 80202 720−343−7533 Fax: 720−343−7555 Email: smueller@constangy.com TERMINATED: 05/14/2008

Steven W. Moore Constangy Brooks Smith & Prophete, LLP−Denver 600 17th Street Suite 2700−S Denver, CO 80202 720−343−7533 Fax: 720−343−7541 Email: smoore@constangy.com

Defendant
OS Restaurant Partners, Inc. TERMINATED: 01/30/2007 doing business as Outback Steakhouse TERMINATED: 01/30/2007

represented by Gerald L. Maatman , Jr. (See above for address) ATTORNEY TO BE NOTICED
John L. Collins (See above for address) ATTORNEY TO BE NOTICED

Lawrence L. Lee (See above for address) TERMINATED: 09/25/2009

Richard Saul Mandelson (See above for address) ATTORNEY TO BE NOTICED

Stacy Dian Mueller (See above for address) TERMINATED: 05/14/2008

Steven W. Moore (See above for address) ATTORNEY TO BE NOTICED

Defendant
OS Restaurant Services, Inc. doing business as Outback Steakhouse

represented by Richard Saul Mandelson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

David Bennet Ross (See above for address)

Gerald L. Maatman , Jr. (See above for address)

John L. Collins (See above for address)

Mark J. Oberti (See above for address)

Roger Glenn Trim (See above for address)

Stacy Dian Mueller (See above for address)

Case: 1:06-cv-1935 As of: 10/22/2017 10:29 AM MDT 5 of 37

TERMINATED: 05/14/2008

Steven W. Moore (See above for address) ATTORNEY TO BE NOTICED

Interested Party Patrice Motsepe

represented by Patrice Motsepe 1306 Ash Bridge Road Westchester, PA 19380 202−456−1414 PRO SE

Interested Party Jonathan Lee Riches

represented by Jonathan Lee Riches #40948−018 LEXINGTON FEDERAL MEDICAL CENTER Inmate Mail/Parcels P.O. BOX 14500 LEXINGTON, KY 40512 PRO SE

Date Filed 09/28/2006 09/29/2006 10/02/2006 10/03/2006 10/11/2006 11/13/2006 11/14/2006 11/27/2006 12/01/2006 12/04/2006

# Docket Text
1 COMPLAINT and Jury Trial Demand against Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc., filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(pap, ) (Entered: 09/29/2006)
2 ORDER of Recusal. Judge Krieger recuses herself. Clerk to reandomly reassign this case and adjust the draw of future cases. Signed by Judge Marcia S. Krieger on 9/29/06. (gmssl, ) (Entered: 10/02/2006)
3 LETTER REASSIGNING CASE. Case reassigned to Judge Edward W. Nottingham for all further proceedings. Judge Marcia S. Krieger is no longer assigned to case. (gms, ) (Entered: 10/02/2006)
4 ORDER REFERRING CASE to Magistrate Judge Boyd N. Boland by Judge Nottingham. Dispositive Motions due by 5/28/2007. (ewnsec, ) (Entered: 10/03/2006)
5 ORDER : Scheduling Conference set for 12/7/2006 10:00 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. Signed by Magistrate Judge Boyd N. Boland on 10/11/06. (gms, ) (Entered: 10/12/2006)
6 MOTION to Intervene as Party Plaintiffs by Interested Parties Kelly Altizer, Jennifer Turner−Rieger. (Attachments: # 1 Exhibit 1# 2 Proposed Order (PDF Only))(Struble, Stephanie) (Entered: 11/13/2006)
7 ORDER granting Plaintiff'Intervenors 6 Motion to Intervene. Complaint to be filed electronically no later than 12/4/06. Signed by Judge Edward W. Nottingham on 11/14/06.(gmssl, ) (Entered: 11/14/2006)
8 MINUTE ORDER Scheduling Conference is VACATED and RESET for 12/15/2006 09:00 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland.Entered by Magistrate Judge Boyd N. Boland on 11/27/06. (pap, ) (Entered: 11/27/2006)
9 MINUTE ORDER Scheduling Conference is VACATED and RESET to 1/3/2007 08:30 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. Entered by Magistrate Judge Boyd N. Boland on 12/1/06. (pap, ) (Entered: 12/01/2006)
10 INTERVENOR COMPLAINT against Defendants Outback Steakhouse of Florida, Inc. and OS Restaurant Partners, Inc. d/b/a Outback Steakhouse, filed by Kelly Altizer, Jennifer Turner−Rieger.(Struble, Stephanie) (Entered: 12/04/2006)

Case: 1:06-cv-1935 As of: 10/22/2017 10:29 AM MDT 6 of 37

12/04/2006 12/04/2006 12/04/2006 12/04/2006 12/04/2006 12/05/2006 12/19/2006 12/19/2006 12/20/2006 12/20/2006 01/16/2007
01/16/2007
01/19/2007
01/26/2007

11 WAIVER OF SERVICE Returned Executed by Kelly Altizer, Jennifer Turner−Rieger. Outback Steakhouse of Florida, Inc. waiver sent on 12/1/2006, answer due 1/30/2007; OS Restaurant Partners, Inc. waiver sent on 12/1/2006, answer due 1/30/2007. (Struble, Stephanie) (Entered: 12/04/2006)
12 NOTICE of Entry of Appearance by Steven Woodrow Moore on behalf of Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc. (Moore, Steven) (Entered: 12/04/2006)
13 NOTICE of Entry of Appearance by Richard Saul Mandelson on behalf of Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc. (Mandelson, Richard) (Entered: 12/04/2006)
14 CORPORATE DISCLOSURE STATEMENT by Defendants Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc.. (Mandelson, Richard) (Entered: 12/04/2006)
15 NOTICE of Entry of Appearance by Stacy Dian Mueller on behalf of Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc. (Mueller, Stacy) (Entered: 12/04/2006)
16 WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Outback Steakhouse of Florida, Inc. waiver sent on 12/1/2006, answer due 1/30/2007; OS Restaurant Partners, Inc. waiver sent on 12/1/2006, answer due 1/30/2007. (Kittle, Rita) (Entered: 12/05/2006)
17 MINUTE ORDER Scheduling Conference is VACATED and RESET to 2/14/2007 09:00 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland.Entered by Magistrate Judge Boyd N. Boland on 12/19/06. (pap, ) (Entered: 12/19/2006)
18 Unopposed MOTION For Extension of Time to File Dispositive Motions by Defendants Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc.. (Moore, Steven) (Entered: 12/19/2006)
19 MINUTE ORDER granting 18 Motion for Extension of Time to File Dispositive Motions. Dispositive motions shall be filed by August 31, 2007. Entered by Judge Edward W. Nottingham on 12/20/06. (Text Only Entry − No Document Attached)(ewnsec, ) (Entered: 12/20/2006)
20 Utility Resetting Deadlines: Dispositive Motions due by 8/31/2007. Text only entry − no document attached. (ewnsec, ) (Entered: 12/20/2006)
21 MOTION for Protective Order Regarding Plaintiff EEOC's First and Second Requests for Production of Documents and Plaintiff EEOC's Notice of Deposition Pursuant to F.R.C.P. 30(b)(6) by Defendants Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K# 12 Exhibit L# 13 Exhibit M# 14 Proposed Document Protective Order)(Mandelson, Richard) (Entered: 01/16/2007)
22 MEMORANDUM regarding 21 MOTION for Protective Order Regarding Plaintiff EEOC's First and Second Requests for Production of Documents and Plaintiff EEOC's Notice of Deposition Pursuant to F.R.C.P. 30(b)(6) filed by OS Restaurant Partners, Inc., Outback Steakhouse of Florida, Inc. Motion referred to Magistrate Judge Boyd N. Boland. Entered by Judge Edward W. Nottingham on 1/16/07. (Text Only Entry − No Document Attached)(ewnsec, ) (Entered: 01/16/2007)
23 MINUTE ORDER Setting Hearing on Motion 21 MOTION for Protective Order Regarding Plaintiff EEOC's First and Second Requests for Production of Documents and Plaintiff EEOC's Notice of Deposition Pursuant to F.R.C.P. 30(b)(6), Motion Hearing set for 3/1/2007 08:30 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. Plaintiff shall respond to the Motion on or before 2/6/07. Entered by Magistrate Judge Boyd N. Boland on 1/18/07. (pap, ) (Entered: 01/19/2007)
24 AMENDED COMPLAINT In Intervention and Jury Demand against all defendants, filed by Kelly Altizer, Jennifer Turner−Rieger.(Struble, Stephanie) (Entered: 01/26/2007)

Case: 1:06-cv-1935 As of: 10/22/2017 10:29 AM MDT 7 of 37

01/30/2007 01/30/2007 01/30/2007 01/30/2007 02/05/2007 02/06/2007 02/06/2007 02/07/2007 02/09/2007
02/14/2007
02/14/2007 02/14/2007 02/14/2007

25 AMENDED COMPLAINT against OS Restaurant Services, Inc. and against Outback Steakhouse of Florida, Inc., filed by Equal Employment Opportunity Commission.(Kittle, Rita) (Entered: 01/30/2007)
26 ANSWER to Amended Complaint . EEOC's First Amended Complaint by Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc..(Mandelson, Richard) (Entered: 01/30/2007)
27 ANSWER to Amended Complaint In Intervention and Jury Demand by Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc..(Mandelson, Richard) (Entered: 01/30/2007)
28 MOTION to Dismiss Individual Claims of Plaintiff−Intervenor Kelly Altizer by Defendants Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Unpublished − Bexley# 6 Unpublished − Riggs# 7 Unpublished − Minne)(Mandelson, Richard) (Entered: 01/30/2007)
29 Unopposed MOTION For Extension of Time to Respond to Defendants' Motion for Protective Order [Dkt #21] by Plaintiff Equal Employment Opportunity Commission. (Kittle, Rita) (Entered: 02/05/2007)
30 MEMORANDUM regarding 29 Unopposed MOTION For Extension of Time to Respond to Defendants' Motion for Protective Order [Dkt #21] filed by Equal Employment Opportunity Commission. Motion referred to Magistrate Judge Boyd N. Boland. Entered by Judge Edward W. Nottingham on 2/6/07. (Text Only Entry − No Document Attached)(ewnsec, ) (Entered: 02/06/2007)
31 MINUTE ORDER Granting 29 EEOC's Unopposed MOTION For Extension of Time to Respond to Defendants' Motion for Protective Order. Plaintiff shall respond on or before 2/9/07. Entered by Magistrate Judge Boyd N. Boland on 2/6/07.(pap, ) (Entered: 02/06/2007)
32 Proposed Scheduling Order by Intervenor Plaintiffs Kelly Altizer, Jennifer Turner−Rieger, Plaintiff Equal Employment Opportunity Commission, Defendants Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc.. (Struble, Stephanie) (Entered: 02/07/2007)
33 BRIEF in Opposition re 21 MOTION for Protective Order Regarding Plaintiff EEOC's First and Second Requests for Production of Documents and Plaintiff EEOC's Notice of Deposition Pursuant to F.R.C.P. 30(b)(6) MOTION for Protective Order Regarding Plaintiff EEOC's First and Second Requests for Production of Documents and Plaintiff EEOC's Notice of Deposition Pursuant to F.R.C.P. 30(b)(6) MOTION for Protective Order Regarding Plaintiff EEOC's First and Second Requests for Production of Documents and Plaintiff EEOC's Notice of Deposition Pursuant to F.R.C.P. 30(b)(6) filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit # 8 Exhibit # 9 Exhibit # 10 Exhibit # 11 Exhibit # 12 Exhibit # 13 Affidavit # 14 Exhibit # 15 Appendix # 16 Appendix # 17 Appendix # 18 Appendix # 19 Appendix # 20 Appendix # 21 Appendix)(Kittle, Rita) (Entered: 02/09/2007)
34 Minute Entry for proceedings held before Magistrate Judge Boyd N. Boland. Scheduling Conference held on 2/14/2007. Discovery due by 7/31/2007.Dispositive Motions due by 8/31/2007.Proposed Pretrial Order due by 5/29/2007.Preliminary Pretrial Conference set for 6/5/2007 08:30 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. (Court Reporter FTR−G. Mattei.) (bnbcd, ) (Entered: 02/14/2007)
35 SCHEDULING ORDER: Signed by Magistrate Judge Boyd N. Boland on 2/14/07. (pap, ) (Entered: 02/14/2007)
36 Unopposed MOTION for Extension of Time to File Response/Reply as to 28 MOTION to Dismiss Individual Claims of Plaintiff−Intervenor Kelly Altizer by Intervenor Plaintiff Kelly Altizer. (Attachments: # 1 Proposed Order (PDF Only))(Struble, Stephanie) (Entered: 02/14/2007)
37 MINUTE ORDER granting 36 Motion for Extension of Time to File Response re 28 MOTION to Dismiss Individual Claims of Plaintiff−Intervenor Kelly Altizer. The

Case: 1:06-cv-1935 As of: 10/22/2017 10:29 AM MDT 8 of 37

02/14/2007 02/21/2007 02/23/2007
03/01/2007
03/01/2007 03/01/2007 03/01/2007
03/02/2007 03/02/2007 03/05/2007 03/15/2007 03/15/2007 03/15/2007

response shall be filed no later than March 2, 2007. Entered by Judge Edward W. Nottingham on 2/14/07. (Text Only Entry − No Document Attached)(ewnsec, ) (Entered: 02/14/2007)
38 MINUTE ORDER Proposed Pretrial Order due by 5/29/2007, Preliminary Pretrial Conference set for 6/5/2007 08:30 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. Entered by Magistrate Judge Boyd N. Boland on 02/14/07. (pap, ) (Entered: 02/14/2007)
39 STIPULATION for Extension of Time To Respond to Discovery Requests by Defendants Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc.. (Mueller, Stacy) (Entered: 02/21/2007)
40 REPLY to Response to Motion re 21 MOTION for Protective Order Regarding Plaintiff EEOC's First and Second Requests for Production of Documents and Plaintiff EEOC's Notice of Deposition Pursuant to F.R.C.P. 30(b)(6) filed by Defendants Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc. (Attachments: # 1 Exhibit A − Affidavit of W. Robert Donovan, Jr.)(Mandelson, Richard) (Modified on 2/26/2007 to remove excess entry)(pap2, ). (Entered: 02/23/2007)
41 ORDER Granting in part and Denying in part 21 Defendants' Motion for Protective Order Regarding Plaintiff EEOC's First and Second Requests for Production of Documents and Plaintiff EEOC's Notice of Deposition of OS Restaurant Services, Inc. Defendants shall make supplemental discovery responses consistent with this order on or before 3/30/07. Signed by Magistrate Judge Boyd N. Boland on 3/1/07.(pap, ) (Entered: 03/01/2007)
42 MOTION to Withdraw as Attorney by Plaintiff Equal Employment Opportunity Commission. (Fuller, Ann) (Entered: 03/01/2007)
43 MEMORANDUM regarding 42 MOTION to Withdraw as Attorney filed by Equal Employment Opportunity Commission. Motion referred to Magistrate Judge Boyd N. Boland. Entered by Judge Edward W. Nottingham on 3/1/07. (Text Only Entry − No Document Attached)(ewnsec, ) (Entered: 03/01/2007)
44 Minute Entry for proceedings held before Magistrate Judge Boyd N. Boland. Motion Hearing held on 3/1/2007.ORDERED:Defendants motion for protective order regarding plaintiff EEOCs first and second requests for production of documents and plaintiff EEOCs notice of deposition of OS Restaurant Service, Inc. pursuant to F.R.C.P. 30(b)(6) (1/16/07 #21) is granted in part and denied in part. (Court Reporter FTR−G. Mattei.) (bnbcd, ) (Entered: 03/01/2007)
45 MINUTE ORDER Granting 42 Motion to Withdraw as Attorney. Attorney Ann Louise Fuller terminated. Entered by Magistrate Judge Boyd N. Boland on 3/2/07.(pap, ) (Entered: 03/02/2007)
46 RESPONSE to Motion re 28 MOTION to Dismiss Individual Claims of Plaintiff−Intervenor Kelly Altizer filed by Intervenor Plaintiff Kelly Altizer. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Deposition Excerpts 4# 5 Exhibit 5)(Struble, Stephanie) (Entered: 03/02/2007)
47 MOTION to Bifurcate by Plaintiff Equal Employment Opportunity Commission. (Kittle, Rita) (Entered: 03/05/2007)
48 APPEAL OF MAGISTRATE JUDGE DECISION to District Court re 41 Order on Motion for Protective Order, by Defendants Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc. (Attachments: # 1 Exhibit A)(Mandelson, Richard) (Entered: 03/15/2007)
49 MOTION to Stay re 41 Order on Motion for Protective Order, by Defendants Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc.. (Attachments: # 1 Proposed Order (PDF Only))(Mandelson, Richard) (Entered: 03/15/2007)
50 MINUTE ORDER denying 49 Motion to Stay. Entered by Judge Edward W. Nottingham on 3/15/07. (Text Only Entry − No Document Attached)(ewnsec, ) (Entered: 03/15/2007)

Case: 1:06-cv-1935 As of: 10/22/2017 10:29 AM MDT 9 of 37

03/16/2007 03/16/2007 03/19/2007 03/19/2007 03/20/2007 03/21/2007
03/22/2007 03/22/2007 03/23/2007 03/26/2007
03/27/2007 03/27/2007
03/30/2007 04/02/2007

51 Stipulated MOTION for Protective Order by Defendants Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc.. (Attachments: # 1 Proposed Stipulated Protective Order)(Mandelson, Richard) (Entered: 03/16/2007)
52 MEMORANDUM regarding 51 Stipulated MOTION for Protective Order filed by OS Restaurant Partners, Inc., Outback Steakhouse of Florida, Inc. Motion referred to Magistrate Judge Boyd N. Boland. Entered by Judge Edward W. Nottingham on 3/16/07. (Text Only Entry − No Document Attached)(ewnsec, ) (Entered: 03/16/2007)
53 Unopposed MOTION For Extension of Time to for Defendants to File Reply in Support of Motion to Dismiss by Defendants Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc.. (Attachments: # 1 Proposed Order (PDF Only))(Mueller, Stacy) (Entered: 03/19/2007)
54 STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Boyd N. Boland on 3/16/07. (pap, ) (Entered: 03/19/2007)
55 MINUTE ORDER granting 53 Motion for Extension of Time. Defendants may file their reply to the Motion to Dismiss by March 26, 2007. Entered by Judge Edward W. Nottingham on 3/20/07. (Text Only Entry − No Document Attached)(ewnsec, ) (Entered: 03/20/2007)
56 TRANSCRIPT of Motions Hearing held on 3−1−07 before Magistrate Judge Boland. Pages: 1−30. 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: 03/21/2007)
57 STIPULATION for Extension of Time to Respond to Discovery Requests by Intervenor Plaintiffs Kelly Altizer, Jennifer Turner−Rieger, Plaintiff Equal Employment Opportunity Commission, Defendants Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc.. (Struble, Stephanie) (Entered: 03/22/2007)
58 Unopposed MOTION For Extension of Time to file Response to EEOC's Motion for Bifurcation by Defendants Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc.. (Attachments: # 1 Proposed Order (PDF Only))(Mueller, Stacy) (Entered: 03/22/2007)
59 MINUTE ORDER granting 58 Motion for Extension of Time. Defendants shall have up to and including March 30, 2007, to file their response to the EEOC's Motion for Bifurcation. Entered by Judge Edward W. Nottingham on 3/23/07. (Text Only Entry − No Document Attached)(ewnsec, ) (Entered: 03/23/2007)
60 REPLY to Response to Motion re 28 MOTION to Dismiss Individual Claims of Plaintiff−Intervenor Kelly Altizer filed by Defendants Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc.. (Attachments: # 1 Exhibit Wenger Unpublished Case# 2 Exhibit Pate Unpublished Case# 3 Exhibit Scott Unpublished Case# 4 Exhibit Riazuddin Unpublished Case# 5 Exhibit Stephens Unpublished Case# 6 Exhibit Upshur Unpublished Case)(Mueller, Stacy) (Entered: 03/26/2007)
61 Docket Annotation re: 60 Reply to Response to Motion, Reply pdf is not attached, counsel to refile. Text only entry − no document attached. (pap2, ) (Entered: 03/27/2007)
62 REPLY to Response to Motion re 28 MOTION to Dismiss Individual Claims of Plaintiff−Intervenor Kelly Altizer filed by Defendants Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc.. (Attachments: # 1 Exhibit Wenger Unpublished Case# 2 Exhibit Pate Unpublished Case# 3 Exhibit Scott Unpublished Case# 4 Exhibit Riazuddin Unpublished Case# 5 Exhibit Stephens Unpublished Case# 6 Exhibit Upshur Unpublished Case)(Mueller, Stacy) (Entered: 03/27/2007)
63 RESPONSE to Motion re 47 MOTION to Bifurcate filed by Defendants Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc.. (Mueller, Stacy) (Entered: 03/30/2007)
64 RESPONSE to 48 APPEAL OF MAGISTRATE JUDGE DECISION to District Court re 41 Order on Motion for Protective Order, by Defendants Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc. by Plaintiff Equal Employment Opportunity

Case: 1:06-cv-1935 As of: 10/22/2017 10:29 AM MDT 10 of 37

04/03/2007
04/11/2007 04/11/2007 04/12/2007 04/12/2007 04/13/2007 04/13/2007 04/16/2007 04/17/2007
04/17/2007
04/19/2007 04/20/2007 04/25/2007 04/25/2007

Commission. (Kittle, Rita) (Entered: 04/02/2007)
65 STIPULATION for Extension of Time to Respond to Plaintiff Equal Employment Opportunity Commission's Third Request for Production of Documents and Electronically Stored Information by Plaintiff Equal Employment Opportunity Commission, Defendants Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc.. (Mandelson, Richard) (Entered: 04/03/2007)
66 MOTION to Intervene as Party Plaintiff by Interested Party Heather Joffe. (Attachments: # 1 Exhibit 1# 2 Proposed Order (PDF Only))(Struble, Stephanie) (Entered: 04/11/2007)
67 Exhibits in Support of 66 MOTION to Intervene as Party Plaintiff by Interested Party Heather Joffe. (Struble, Stephanie) (Entered: 04/11/2007)
68 Stipulated MOTION to Amend/Correct/Modify 35 Scheduling Order by Plaintiff Equal Employment Opportunity Commission. (Kittle, Rita) (Entered: 04/12/2007)
69 MEMORANDUM regarding 68 Stipulated MOTION to Amend 35 Scheduling Order filed by Equal Employment Opportunity Commission. Motion referred to Magistrate Judge Boyd N. Boland. Entered by Judge Edward W. Nottingham on 4/12/07. (Text Only Entry − No Document Attached) (ewnsec, ) (Entered: 04/12/2007)
70 ORDER Denying as premature 68 Stipulated Motion to Amend Scheduling Order. Signed by Magistrate Judge Boyd N. Boland on 4/13/07.(pap, ) (Entered: 04/13/2007)
71 STATEMENT re 28 MOTION to Dismiss Individual Claims of Plaintiff−Intervenor Kelly Altizer, 46 Response to Motion, Ratification of Bankruptcy Trustee by Intervenor Plaintiff Kelly Altizer. (Struble, Stephanie) (Entered: 04/13/2007)
72 MOTION to Amend/Correct/Modify 35 Scheduling Order to Extend Deadline for Identification of Claimants by Plaintiff Equal Employment Opportunity Commission. (Kittle, Rita) (Entered: 04/16/2007)
73 MEMORANDUM regarding 72 MOTION to Amend/Correct/Modify 35 Scheduling Order to Extend Deadline for Identification of Claimants filed by Equal Employment Opportunity Commission. Motion referred to Magistrate Judge Boyd N. Boland. Entered by Judge Edward W. Nottingham on 4/17/07. (Text Only Entry − No Document Attached)(ewnsec, ) (Entered: 04/17/2007)
74 REPLY to Response to Motion re 21 MOTION for Protective Order,in Support of their Rule 72 Objections to March 1, 2007 Order Denying Motion for Protective Order filed by Defendants Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc.(Mueller, Stacy) (Modified on 4/18/2007 to remove duplicate text) (pap2, ). (Entered: 04/17/2007)
75 RESPONSE to Motion re 72 MOTION to Amend/Correct/Modify 35 Scheduling Order to Extend Deadline for Identification of Claimants filed by Defendants Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc.. (Mueller, Stacy) (Entered: 04/19/2007)
76 MINUTE ORDER Defendant shall respond on or before 5/10/07 to 72 MOTION to Extend Deadline for Identification of Claimants: Motion Hearing set for 6/1/2007 04:00 PM in Courtroom A 401 before Magistrate Judge Boyd N. Boland.Entered by Magistrate Judge Boyd N. Boland on 4/20/07. (pap, ) (Entered: 04/20/2007)
77 MOTION for Protective Order Prohibiting EEOC From Sending Out Nationwide Notice of Litigation by Defendants Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc.. (Attachments: # 1 Proposed Order (PDF Only))(Mandelson, Richard) (Entered: 04/25/2007)
78 MEMORANDUM regarding 77 MOTION for Protective Order Prohibiting EEOC From Sending Out Nationwide Notice of Litigation filed by OS Restaurant Partners, Inc., Outback Steakhouse of Florida, Inc. Motion referred to Magistrate Judge Boyd N. Boland. Entered by Judge Edward W. Nottingham on 4/25/07. (Text Only Entry − No Document Attached) (ewnsec, ) (Entered: 04/25/2007)

Case: 1:06-cv-1935 As of: 10/22/2017 10:29 AM MDT 11 of 37

04/25/2007
04/27/2007 05/14/2007 05/15/2007 05/15/2007 05/15/2007 05/16/2007 05/29/2007 05/29/2007 05/29/2007 05/29/2007 05/29/2007 05/29/2007 05/29/2007
05/29/2007

79 MINUTE ORDER Plaintiff shall respond on or before 5/14/07 77 MOTION for Protective Order Prohibiting EEOC From Sending Out Nationwide Notice of Litigation : Setting Hearing on Motion, Motion Hearing set for 6/1/2007 04:00 PM in Courtroom A 401 before Magistrate Judge Boyd N. Boland.Entered by Magistrate Judge Boyd N. Boland on 4/25/07. (pap, ) (Entered: 04/25/2007)
80 RESPONSE to Motion re 66 MOTION to Intervene as Party Plaintiff filed by Defendants Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc.. (Mueller, Stacy) (Entered: 04/27/2007)
81 REPLY to Response to Motion re 66 MOTION to Intervene as Party Plaintiff filed by Interested Party Heather Joffe. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Struble, Stephanie) (Entered: 05/14/2007)
82 Unopposed MOTION for Extension of Time to File Response/Reply as to 77 MOTION for Protective Order Prohibiting EEOC From Sending Out Nationwide Notice of Litigation by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order (PDF Only))(Kittle, Rita) (Entered: 05/15/2007)
83 RESPONSE to Motion re 77 MOTION for Protective Order Prohibiting EEOC From Sending Out Nationwide Notice of Litigation filed by Plaintiff Equal Employment Opportunity Commission. (Kittle, Rita) (Entered: 05/15/2007)
84 MEMORANDUM regarding 82 Unopposed MOTION for Extension of Time to File Response/Reply as to 77 MOTION for Protective Order. Motion referred to Magistrate Judge Boyd N. Boland. Entered by Judge Edward W. Nottingham on 5/15/07. (Text Only Entry − No Document Attached)(ewnsec, ) (Entered: 05/15/2007)
85 MINUTE ORDER Granting 82 Unopposed Motion for Extension of Time to File Response to 77 MOTION for Protective Order. Entered by Magistrate Judge Boyd N. Boland on 5/16/07.(pap, ) (Entered: 05/16/2007)
86 MINUTE ORDER Motions Hearing is VACATED and RESET to 6/5/2007 02:00 PM in Courtroom A 401 before Magistrate Judge Boyd N. Boland re: 72 MOTION to Modify 35 Scheduling Order and 77 MOTION for Protective Order. Entered by Magistrate Judge Boyd N. Boland on 5/29/07. (pap, ) (Entered: 05/29/2007)
87 MOTION For Extension of Time to Designate Expert Witnesses by Interested Party Heather Joffe, Intervenor Plaintiffs Kelly Altizer, Jennifer Turner−Rieger, Plaintiff Equal Employment Opportunity Commission. (Kittle, Rita) (Entered: 05/29/2007)
88 MOTION to Compel Discovery by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Madden Declaration)(Kittle, Rita) (Entered: 05/29/2007)
89 MOTION For Extension of Time to Serve Expert Report by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Madden Declaration)(Kittle, Rita) (Entered: 05/29/2007)
90 MEMORANDUM regarding 89 MOTION For Extension of Time to Serve Expert Report filed by Equal Employment Opportunity Commission. Motion referred to Magistrate Judge Boyd N. Boland. Entered by Judge Edward W. Nottingham on 5/29/07. (Text Only Entry − No Document Attached)(ewnsec, ) (Entered: 05/29/2007)
91 MEMORANDUM regarding 88 MOTION to Compel Discovery filed by Equal Employment Opportunity Commission. Motion referred to Magistrate Judge Boyd N. Boland. Entered by Judge Edward W. Nottingham on 5/29/07. (Text Only Entry − No Document Attached)(ewnsec, ) (Entered: 05/29/2007)
92 MEMORANDUM regarding 87 MOTION For Extension of Time to Designate Expert Witnesses filed by Jennifer Turner−Rieger, Kelly Altizer, Equal Employment Opportunity Commission, Heather Joffe. Motion referred to Magistrate Judge Boyd N. Boland. Entered by Judge Edward W. Nottingham on 5/29/07. (Text Only Entry − No Document Attached)(ewnsec, ) (Entered: 05/29/2007)
93 Proposed Pretrial Order (Preliminary) by Interested Party Heather Joffe, Intervenor Plaintiffs Kelly Altizer, Jennifer Turner−Rieger, Plaintiff Equal Employment Opportunity Commission, Defendants Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Struble,

Case: 1:06-cv-1935 As of: 10/22/2017 10:29 AM MDT 12 of 37

05/30/2007 05/30/2007 05/31/2007 05/31/2007 05/31/2007 06/01/2007 06/01/2007 06/05/2007 06/05/2007
06/06/2007

Stephanie) (Entered: 05/29/2007)
94 MINUTE ORDER Setting Hearing on Motion 88 MOTION to Compel Discovery, 87 MOTION For Extension of Time to Designate Expert Witnesses, 89 MOTION For Extension of Time to Serve Expert Report : Motion Hearing set for 6/21/2007 02:30 PM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. Responses to Motions are due on or before 6/18/07. Entered by Magistrate Judge Boyd N. Boland on 5/30/07. (pap, ) (Entered: 05/30/2007)
95 MINUTE ORDER Resetting Hearing on Motion 77 MOTION for Protective Order Prohibiting EEOC From Sending Out Nationwide Notice of Litigation : Motion Hearing is RESET to 03:00 PM on 6/5/2007 in Courtroom A 401 before Magistrate Judge Boyd N. Boland.Entered by Magistrate Judge Boyd N. Boland on 5/30/07. (pap, ) (Entered: 05/30/2007)
96 MOTION For Extension of Time to Serve Expert Report of Dr. Richard Tonowski by Plaintiff Equal Employment Opportunity Commission. (Kittle, Rita) (Entered: 05/31/2007)
97 MOTION For Extension of Time to Respond to the EEOC's First Set of Interrogatories and Fourth Request for Production of Documents by Defendants Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc.. (Attachments: # 1 Proposed Order (PDF Only) Proposed Order re Motion for Extension of Time to Respond to the EEOC's First Set of Interrogatories and Fourth Request for Production of Documents)(Mueller, Stacy) (Entered: 05/31/2007)
98 MEMORANDUM regarding 97 MOTION For Extension of Time to Respond to the EEOC's First Set of Interrogatories and Fourth Request for Production of Documents filed by OS Restaurant Partners, Inc., Outback Steakhouse of Florida, Inc., 96 MOTION For Extension of Time to Serve Expert Report of Dr. Richard Tonowski filed by Equal Employment Opportunity Commission. Motions referred to Magistrate Judge Boyd N. Boland. Entered by Judge Edward W. Nottingham on 5/31/07. (Text Only Entry − No Document Attached) (ewnsec, ) (Entered: 05/31/2007)
99 ORDER Setting Hearing on Motion 97 MOTION For Extension of Time to Respond to the EEOC's First Set of Interrogatories and Fourth Request for Production of Documents : Motion Hearing set for 6/21/2007 02:30 PM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. Plaintiff shall respond to motion on or before 6/18/07. Entered by Magistrate Judge Boyd N. Boland on 6/1/07. (pap, ) (Entered: 06/01/2007)
100 MINUTE ORDER Setting Hearing on Motion 96 MOTION For Extension of Time to Serve Expert Report of Dr. Richard Tonowski : Motion Hearing set for 6/21/2007 02:30 PM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. Defendant shall respond to this motion on or before 6/18/07. Entered by Magistrate Judge Boyd N. Boland on 6/1/07. (pap, ) (Entered: 06/01/2007)
101 Minute Entry for proceedings held before Judge Boyd N. Boland : Preliminary Pretrial Conference held on 6/5/2007. (Court Reporter FTR − Shelley Moore.) (pap, ) (Entered: 06/05/2007)
103 Minute Entry for proceedings held before Magistrate Judge Boyd N. Boland. Motion Hearing held on 6/5/2007.ORDERED:Motion to extend deadline for identification of claimants by plaintiff EEOC (4/16/07 #72) is Denied Without Prejudice.ORDERED:Defendants motion for protective order prohibiting EEOC from sending out nationwide notice of litigation (4/25/07 #77) is Denied Without Prejudice. ORDERED:Plaintiffs motion for extension of time for plaintiffs to disclose expert witnesses (5/29/07 #87) is Denied Without Prejudice.ORDERED:EEOCs motion for extension of time to serve expert report (5/29/07 #89) is Denied Without Prejudice.ORDERED:EEOCs motion for extension of time to serve expert report of Dr. Richard Tonowski (5/31/07 #96) is Denied Without Prejudice.ORDERED:The parties shall confer and submit a motion which contains their proposal for how the case should proceed and a schedule for all remaining pretrial matters on or before June 15, 2007. (Court Reporter FTR−G.Mattei.) (bnbcd, ) (Entered: 06/06/2007)
102 ORDER Denying without prejudice the following motions: Denying 72 Motion to Extend Deadlines for ID of Claimants; Denying 77 Motion for Protective Order;

Case: 1:06-cv-1935 As of: 10/22/2017 10:29 AM MDT 13 of 37

06/08/2007 06/08/2007 06/11/2007 06/11/2007
06/11/2007 06/15/2007
06/18/2007 06/18/2007 06/18/2007 06/18/2007 06/18/2007

Denying 87 Motion for Extension of Time for Plaintiffs to Disclose Experts; Denying 89 Motion for Extension of Time to File Expert Reports; Denying 96 Motion for Extension of Time to Serve Expert Report of Dr. Richard Tonowski. A Comprehensive Motion containing proposal for how the case should proceed and a reasonable schedule for all remaining pretrial matters is due on or before 6/15/07. Signed by Magistrate Judge Boyd N. Boland on 6/5/07.(pap, ) (Entered: 06/06/2007)
104 MOTION to Compel by Intervenor Plaintiffs Kelly Altizer, Jennifer Turner−Rieger, Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Struble, Stephanie) (Entered: 06/08/2007)
105 MEMORANDUM regarding 104 MOTION to Compel filed by Jennifer Turner−Rieger, Kelly Altizer, Equal Employment Opportunity Commission. Motion referred to Magistrate Judge Boyd N. Boland. Entered by Judge Edward W. Nottingham on 6/8/07. (Text Only Entry − No Document Attached)(ewnsec, ) (Entered: 06/08/2007)
106 TRANSCRIPT of Motions Hearing held on 6−5−07 before Magistrate Judge Boland. Pages: 1−11. 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: 06/11/2007)
107 TRANSCRIPT of Preliminary Pretrial Conference held on 6−5−07 before Magistrate Judge Boland. Pages: 1−25. 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: 06/11/2007)
108 MINUTE ORDER Setting Hearing on Motion, 104 MOTION to Compel : Motion Hearing set for 8/3/2007 08:30 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. Defendants shall respond to the motion on or before 7/2/07. Entered by Magistrate Judge Boyd N. Boland on 6/11/07. (pap, ) (Entered: 06/11/2007)
109 Unopposed MOTION For Extension of Time to for Parties to File Joint Stipulated Motion to Amend Scheduling Order by Defendants Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc.. (Attachments: # 1 Proposed Order (PDF Only) proposed Order re: Unopposed Motion for Enlargement of Time for Parties to File Joint Stipulated Motion to Amend Scheduling Order)(Mueller, Stacy) (Entered: 06/15/2007)
110 MEMORANDUM regarding 109 Unopposed MOTION For Extension of Time to for Parties to File Joint Stipulated Motion to Amend Scheduling Order filed by OS Restaurant Partners, Inc., Outback Steakhouse of Florida, Inc. Motion referred to Magistrate Judge Boyd N. Boland. Entered by Judge Edward W. Nottingham on 6/18/07. (Text Only Entry − No Document Attached)(ewnsec, ) (Entered: 06/18/2007)
111 MINUTE ORDER Granting 109 Unopposed MOTION For Extension of Time to for Parties to File Joint Stipulated Motion to Amend Scheduling Order. Parties to submit Joint Stipulated Motion to Amend Scheduling Order on or before 6/21/07. Entered by Magistrate Judge Boyd N. Boland on 6/18/07.(pap, ) (Entered: 06/18/2007)
112 MOTION to Dismiss Plaintiff EEOC's Nationwide Claims Pursuant to Fed.R.Civ.P. 12(b)(1) by Defendants Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc. (Attachments: # 1 Exhibits A−E# 2Exhibits F−M)(Mueller, Stacy) (Modified on 6/19/2007 to edit entry) (pap2, ). (Entered: 06/18/2007)
113 RESPONSE to Motion re 97 MOTION For Extension of Time to Respond to the EEOC's First Set of Interrogatories and Fourth Request for Production of Documents filed by Plaintiff Equal Employment Opportunity Commission. (Kittle, Rita) (Entered: 06/18/2007)
114 RESPONSE to Motion re 88 MOTION to Compel Discovery filed by EEOC filed by Defendants Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc. (Attachments: # 1 Exhibit A# 2 Exhibits B−C# 3 Exhibit D)(Mueller, Stacy) (Modified on 6/19/2007 to edit entry)(pap2, ). (Entered: 06/18/2007)

Case: 1:06-cv-1935 As of: 10/22/2017 10:29 AM MDT 14 of 37

06/21/2007 06/21/2007 06/21/2007
06/22/2007 06/25/2007
06/25/2007 07/02/2007 07/02/2007
07/06/2007 07/06/2007 07/09/2007 07/09/2007

115 REPLY to Response to Motion re 88 MOTION to Compel Discovery filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A # 2 Exhibit B)(Kittle, Rita) (Modified on 6/22/2007 to clarify)(pap2, ). (Entered: 06/21/2007)
116 ORDER Granting 88 EEOC's Motion to Compel. Defendants shall provide supplemental discover on or before 7/13/07. Granting 97 MOTION For Extension of Time to Respond to the EEOC's First Set of Interrogatories and Fourth Request for Production of Documents. Signed by Magistrate Judge Boyd N. Boland on 6/21/07.(pap, ) (Entered: 06/21/2007)
117 Minute Entry for proceedings held before Magistrate Judge Boyd N. Boland. Motion Hearing held on 6/21/2007.ORDERED:EEOCs motion to compel discovery(5/29/07 #88) is Granted. Supplemental discovery responses, consistent with the order of the Court, due on or before July 13, 2007. ORDERED:Motion for extension of time to respond to EEOCs first set of interrogatories and fourth request for production of documents by defendants(5/31/07 #97) is Granted. (Court Reporter FTR−G.Mattei.) (bnbcd, ) (Entered: 06/22/2007)
118 Joint MOTION to Amend/Correct/Modify 35 Scheduling Order And Extend Dispositive Motions Deadline in Anticipation of Bifurcation by Interested Party Heather Joffe, Intervenor Plaintiffs Kelly Altizer, Jennifer Turner−Rieger, Plaintiff Equal Employment Opportunity Commission, Defendants Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc.. (Kittle, Rita) (Entered: 06/22/2007)
119 MEMORANDUM regarding 118 Joint MOTION to Amend/Correct/Modify 35 Scheduling Order And Extend Dispositive Motions Deadline in Anticipation of Bifurcation filed by Jennifer Turner−Rieger, Kelly Altizer, Equal Employment Opportunity Commission, Heather Joffe, OS Restaurant Partners, Inc., Outback Steakhouse of Florida, Inc. Motion referred to Magistrate Judge Boyd N. Boland. Entered by Judge Edward W. Nottingham on 6/25/07. (Text Only Entry − No Document Attached)(ewnsec, ) (Entered: 06/25/2007)
120 CORPORATE DISCLOSURE STATEMENT (Amended) by Defendants Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc.. (Mueller, Stacy) (Entered: 06/25/2007)
121 Unopposed MOTION for Extension of Time to File Response/Reply as to 112 MOTION to Dismiss Plaintiff EEOC's Nationwide Claims Pursuant to Fed.R.Civ.P. 12(b)(1) by Plaintiff Equal Employment Opportunity Commission. (Kittle, Rita) (Modified on 7/2/2007 to edit entry) (pap2, ). (Entered: 07/02/2007)
122 RESPONSE to Motion re 104 MOTION to Compel of Plaintiffs/Intervenors Kelly Altizer and Jennifer Turner−Rieger filed by Defendants Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc.. (Attachments: # 1Exhibit One# 2 Exhibit Two# 3Exhibit Three# 4Exhibit Four# 5Exhibit Five# 6 Case Law One# 7Case Law Two# 8Case Law Three# 9Case Law Four)(Mueller, Stacy) (Modified on 7/3/2007 to edit) (pap2, ). (Entered: 07/02/2007)
123 MINUTE ORDER Granting 121 EEOC's Unopposed Motion for Extension of Time to File Response to 112 MOTION to Dismiss Plaintiff EEOC's Nationwide Claims Pursuant to Fed.R.Civ.P. 12(b)(1). Deadline for responding is extended up to and including 7/31/07. Entered by Chief Judge Edward W. Nottingham on 7/5/07.(pap, ) (Entered: 07/06/2007)
124 MOTION For Extension of Time to Respond to Defendants' Second Set of Discovery Requests by Plaintiff Equal Employment Opportunity Commission. (Kittle, Rita) (Entered: 07/06/2007)
125 MEMORANDUM regarding 124 MOTION For Extension of Time to Respond to Defendants' Second Set of Discovery Requests filed by Equal Employment Opportunity Commission. Motions referred to Magistrate Judge Boyd N. Boland by Chief Judge Edward W. Nottingham on 7/6/07. (Text Only Entry − No Document Attached)(pap2, ) (Entered: 07/09/2007)
126 RESPONSE to Motion re 124 MOTION For Extension of Time to Respond to Defendants' Second Set of Discovery Requests filed by Defendants Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc.. (Moore, Steven) (Entered: 07/09/2007)

Case: 1:06-cv-1935 As of: 10/22/2017 10:29 AM MDT 15 of 37

07/10/2007
07/11/2007 07/12/2007 07/12/2007 07/13/2007 07/17/2007 07/19/2007 07/19/2007
07/23/2007 07/25/2007 07/27/2007 07/27/2007

127 MINUTE ORDER: A status conference is set for 7/25/2007 at 10:00 AM in Courtroom A201 before Chief Judge Edward W. Nottingham regarding 47 MOTION to Bifurcate filed by Equal Employment Opportunity Commission, and 118 Joint MOTION to Amend 35 Scheduling Order And Extend Dispositive Motions Deadline in Anticipation of Bifurcation filed by Jennifer Turner−Rieger, Kelly Altizer, Equal Employment Opportunity Commission, Heather Joffe, OS Restaurant Partners, Inc., Outback Steakhouse of Florida, Inc. Entered by Chief Judge Edward W. Nottingham on 7/10/07. (Text Only Entry − No Document Attached) (ewnsec, ) (Entered: 07/10/2007)
128 MOTION to Reset July 25, 2007 Status Conference by Defendants Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc.. (Moore, Steven) (Entered: 07/11/2007)
129 MINUTE ORDER granting 128 Motion to Reset. The status conference set for 7/25/2007 is VACATED and RESET to 7/19/2007 at 10:00 AM in Courtroom A201 before Chief Judge Edward W. Nottingham. Entered by Chief Judge Edward W. Nottingham on 7/12/07. (Text Only Entry − No Document Attached)(ewnsec, ) (Entered: 07/12/2007)
130 MINUTE ORDER: A Motion Hearing is set for 8/24/2007 from 9:00 AM to 9:15 AM before Chief Judge Edward W. Nottingham regarding 28 MOTION to Dismiss Individual Claims of Plaintiff−Intervenor Kelly Altizer filed by OS Restaurant Partners, Inc., Outback Steakhouse of Florida, Inc. Entered by Chief Judge Edward W. Nottingham on 7/12/07. (Text Only Entry − No Document Attached) (ewnsec, ) (Entered: 07/12/2007)
131 MINUTE ORDER Granting 124 EEOC's MOTION For Extension of Time to Respond to Defendants' Second Set of Discovery Requests. Entered by Magistrate Judge Boyd N. Boland on 7/13/07.(pap, ) (Entered: 07/13/2007)
132 REPLY to Response to Motion re 104 MOTION to Compel filed by Intervenor Plaintiffs Kelly Altizer, Jennifer Turner−Rieger, Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Struble, Stephanie) (Entered: 07/17/2007)
133 MINUTE ORDER : Scheduling Conference concerning "Phase I" is set for 8/3/2007 08:30 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland by Magistrate Judge Boyd N. Boland on 7/19/07. (dln, ) (Entered: 07/19/2007)
134 Minute Entry for Status Conference held on 7/19/2007 before Chief Judge Edward W. Nottingham. ORDERED: 47 Motion to Bifurcate is GRANTED; 118 Motion to Amend/Correct/Modify is GRANTED in part; simultaneous disclosure of Phase I experts due by 09/01/07; depositions of Phase I experts shall be taken by 10/01/07; Phase I Discovery due by 11/15/2007; Dispositive Motions due by 12/7/2007. Cnsl directed to contact Magistrate Judge Boland's chambers to set Phase I scheduling conference.(Court Reporter Therese Lindblom) (ewncd) (Entered: 07/19/2007)
135 TRANSCRIPT of Motions Hearing held on 6−21−07 before Magistrate Judge Boland. Pages: 1−21. 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: 07/23/2007)
136 TRANSCRIPT of Status Conference held on 7/19/07 before Judge Nottingham. Pages: 1−30. 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. (Lindblom, Therese) (Entered: 07/25/2007)
137 MOTION to Amend/Correct/Modify 134 Order on Motion to Bifurcate, Order on Motion to Amend/Correct/Modify, Status Conference, Set/Reset Deadlines,,,,,,,, on July 19, 2007 by Defendants Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc.. (Attachments: # 1 Exhibit Unpublished Opinion# 2 Proposed Order (PDF Only))(Mandelson, Richard) (Entered: 07/27/2007)
138 MEMORANDUM regarding 137 MOTION to Amend/Correct/Modify 134 Order on Motion to Bifurcate filed by OS Restaurant Partners, Inc., Outback Steakhouse of

Case: 1:06-cv-1935 As of: 10/22/2017 10:29 AM MDT 16 of 37

07/27/2007 07/31/2007
08/02/2007
08/02/2007 08/09/2007
08/17/2007 08/17/2007 08/20/2007 08/23/2007 08/23/2007 08/23/2007 08/24/2007

Florida, Inc. Motion referred to Magistrate Judge Boyd N. Boland. Entered by Chief Judge Edward W. Nottingham on 7/27/07. (Text Only Entry − No Document Attached)(ewnsec, ) (Entered: 07/27/2007)
139 Proposed Scheduling Order For Phase I (Liability) by Plaintiff Equal Employment Opportunity Commission. (Kittle, Rita) (Entered: 07/27/2007)
140 RESPONSE to Motion re 112 MOTION to Dismiss Plaintiff EEOC's Nationwide Claims Pursuant to Fed.R.Civ.P. 12(b)(1) MOTION to Dismiss Plaintiff EEOC's Nationwide Claims Pursuant to Fed.R.Civ.P. 12(b)(1) filed 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 Exhibit 13# 14 Exhibit 14# 15 Exhibit 15# 16 Exhibit 16)(Kittle, Rita) (Entered: 07/31/2007)
141 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)
142 MINUTE ORDER Scheduling Conference is VACATED and RESET to 8/27/2007 10:30 AM in Courtroom A 501 before Magistrate Judge Kristen L. Mix. ORDER Setting Hearing on Motion 104 MOTION to Compel : Motion Hearing set for 8/27/2007 10:30 AM in Courtroom A 501 before Magistrate Judge Kristen L. Mix. Entered by Magistrate Judge Kristen L. Mix on 8/2/07. (pap, ) (Entered: 08/02/2007)
143 REPLY to Response to Motion re 112 MOTION to Dismiss Plaintiff EEOC's Nationwide Claims Pursuant to Fed.R.Civ.P. 12(b)(1 filed by Defendants Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc. (Attachments: # 1 Exhibit N# 2 Exhibit O# 3 Case Law − Benedict# 4 Case Law − Evans# 5 Case Law − Schioppi)(Moore, Steven) (Modified on 8/10/2007 to clarify entry)(pap2, ). (Entered: 08/09/2007)
144 Unopposed MOTION to Reset Motion Hearing Date by Intervenor Plaintiffs Kelly Altizer, Jennifer Turner−Rieger. (Attachments: # 1 Proposed Order (PDF Only))(Struble, Stephanie) (Entered: 08/17/2007)
145 MEMORANDUM regarding 144 Unopposed MOTION to Reset Motion Hearing Date filed by Jennifer Turner−Rieger, Kelly Altizer. Motion referred to Magistrate Judge Kristen L. Mix. Entered by Chief Judge Edward W. Nottingham on 8/1/707. (Text Only Entry − No Document Attached)(ewnsec, ) (Entered: 08/17/2007)
146 RESPONSE to Motion re 137 MOTION to Amend/Correct/Modify 134 Order on Motion to Bifurcate, on July 19, 2007 filed by Plaintiff Equal Employment Opportunity Commission. (Kittle, Rita) (Modified on 8/21/2007 to clarify entry) (pap2, ). (Entered: 08/20/2007)
147 Unopposed MOTION to Withdraw Document re 144 Unopposed MOTION to Reset Motion Hearing Date by Intervenor Plaintiffs Kelly Altizer, Jennifer Turner−Rieger. (Struble, Stephanie) (Entered: 08/23/2007)
148 MEMORANDUM regarding 147 Unopposed MOTION to Withdraw Document re 144 Unopposed MOTION to Reset Motion Hearing Date filed by Jennifer Turner−Rieger, Kelly Altizer. Motion referred to Magistrate Judge Kristen L. Mix by Judge Edward W. Nottingham on 8/23/07. (Text Only Entry − No Document Attached)(pap2, ) (Entered: 08/23/2007)
149 MINUTE ORDER Motion Hearing set for 8/24/07 is VACATED. Entered by Judge Edward W. Nottingham on 8/23/07. (pap, ) (Entered: 08/23/2007)
150 MINUTE ORDER Granting 147 Motion to Withdraw Document, Withdrawing 144 Unopposed Motion to Reset Motion Hearing. Confirming Scheduling Planning Conference, Hearing on 104 Motion to Compel and Hearing on 137 Motion to Modify Court's Order of 7/19/07 are still set for 8/27/07 at 10:30 a.m. in Courtroom A−501.

Case: 1:06-cv-1935 As of: 10/22/2017 10:29 AM MDT 17 of 37

08/27/2007
08/27/2007 08/27/2007 08/29/2007
08/31/2007 09/07/2007 09/10/2007 09/10/2007 09/10/2007 09/10/2007 09/11/2007 09/11/2007 09/11/2007

Entered by Magistrate Judge Kristen L. Mix on 8/24/07.(pap, ) (Entered: 08/24/2007)
151 ORDER and Memorandum of Decision granting Defendant 28 Motion to Dismiss. Dismissal of Altizers claims shall be stayed for fourteen days from the date of this order to allow Trustee to file a motion for intervention or substitution as the real party in interest. Absent such a motion, the clerk shall forthwith enter judgment in favor of Defendants and against Altizer, dismissing her claims with prejudice. Defendants may then have their costs by filing a bill of costs within eleven days of the date on which the dismissal order is filed. Signed by Judge Edward W. Nottingham on 8/27/07.(gms, ) (Entered: 08/27/2007)
152 MOTION to Strike 143 Reply to Response to Motion, For Failure To Comply With D.C.Colo.L.R. 7.1C and 7.1A, and Alternative Motion to File Sur−Reply by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Affidavit E. Frank# 2 Proposed Document Sur−Reply)(Kittle, Rita) (Entered: 08/27/2007)
153 Minute Entry/Minute Order for Motion Hearing/Scheduling Conference as to Phase I held on 8/27/2007 before Judge Kristen L. Mix : Granting in part and Denying in part 104 Intervenor−Plaintiffs' Motion to Compel; Granting 137 Defendants' Motion to Modify Court's Order of 7/19/07; Dispositive Motions due by 11/15/2007. (Court Reporter FTR − KLM− Ellen E. Miller.) (pap, ) (Entered: 08/29/2007)
154 RESPONSE to Motion re 152 MOTION to Strike 143 Reply to Response to Motion, For Failure To Comply With D.C.Colo.L.R. 7.1C and 7.1A, and Alternative Motion to File Sur−Reply MOTION to Strike 143 Reply to Response to Motion, For Failure To Comply With D.C.Colo.L.R. 7.1C and 7.1A, and Alternative Motion to File Sur−Reply filed by Defendants Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc.. (Mueller, Stacy) (Entered: 08/29/2007)
155 Proposed Scheduling Order (Phase I) by Intervenor Plaintiffs Kelly Altizer, Jennifer Turner−Rieger, Plaintiff Equal Employment Opportunity Commission, Defendants Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc.. (Struble, Stephanie) (Entered: 08/31/2007)
156 Unopposed MOTION to Intervene by Interested Party Albert Hoffman. (Attachments: # 1 Exhibit 1# 2 Proposed Order (PDF Only))(Struble, Stephanie) (Entered: 09/07/2007)
157 ORDER; GRANTING Unopposed 156 Motion to Intervene by Trustee Albert Hoffman. The Second Amended Complaint in Intervention shall be filed electronically and served no later than 9/14/07. Signed by Judge Edward W. Nottingham on 9/10/07.(ecmsl, ) (Entered: 09/10/2007)
158 AMENDED COMPLAINT In Intervention and Jury Demand against Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc., filed by Kelly Altizer, Jennifer Turner−Rieger, Albert Hoffman.(Struble, Stephanie) (Entered: 09/10/2007)
159 RESPONSE to Motion re 104 MOTION to Compel filed by Defendants Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc.. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Unpublished opinion# 3 Exhibit Unpublished opinion)(Mandelson, Richard) (Entered: 09/10/2007)
160 MOTION for Reconsideration re 151 Order on Motion to Dismiss,, by Intervenor Plaintiff Kelly Altizer. (Struble, Stephanie) (Entered: 09/10/2007)
161 Docket Annotation re: 158 AMENDED COMPLAINT In Intervention and Jury Demand. [Document to be refiled by Counsel as an Intervenor Complaint]. Text only entry − no document attached. (dln, ) (Entered: 09/11/2007)
162 TRANSCRIPT of Motions Hearing held on 8−27−07 before Magistrate Judge Mix. Pages: 1−30. 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: 09/11/2007)
163 Amended INTERVENOR COMPLAINT against All Defendants, filed by Kelly Altizer, Jennifer Turner−Rieger, Albert Hoffman.(Struble, Stephanie) (Entered: 09/11/2007)

Case: 1:06-cv-1935 As of: 10/22/2017 10:29 AM MDT 18 of 37

09/11/2007 09/12/2007 09/13/2007
09/18/2007
09/20/2007 09/20/2007
09/20/2007 09/20/2007 09/20/2007 09/20/2007 09/25/2007
09/25/2007 09/25/2007

164 NOTICE of Entry of Appearance by Lawrence L. Lee on behalf of all defendants (Lee, Lawrence) (Entered: 09/11/2007)
165 Supplemental MOTION for Reconsideration re 151 Order on Motion to Dismiss,, by Intervenor Plaintiff Kelly Altizer. (Struble, Stephanie) (Entered: 09/12/2007)
166 REPLY to Response to Motion re 152 MOTION to Strike 143 Reply to Response to Motion, For Failure To Comply With D.C.Colo.L.R. 7.1C and 7.1A, and Alternative Motion to File Sur−Reply MOTION to Strike 143 Reply to Response to Motion, For Failure To Comply With D.C.Colo.L.R. 7.1C and 7.1A, and Alternative Motion to File Sur−Reply filed by Plaintiff Equal Employment Opportunity Commission. (Kittle, Rita) (Entered: 09/13/2007)
167 SCHEDULING ORDER − PHASE I (Liability Phase) Discovery due by 11/15/2007, Dispositive Motions due by 12/7/2007. Settlement Conference set for 11/8/2007 03:30 PM in Courtroom A 501 before Magistrate Judge Kristen L. Mix, Preliminary Pretrial Conference set for 11/27/2007 10:30 AM in Courtroom A 501 before Magistrate Judge Kristen L. Mix. Signed by Magistrate Judge Kristen L. Mix on 09/17/2007. (klmcd ) (Entered: 09/18/2007)
168 Joint MOTION For Extension of Time to Designate Rebuttal Experts by Interested Party Heather Joffe, Intervenor Plaintiffs Jennifer Turner−Rieger, Albert Hoffman, Plaintiff Equal Employment Opportunity Commission, Defendants Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc.. (Attachments: # 1 Proposed Order (PDF Only))(Kittle, Rita) (Entered: 09/20/2007)
169 MEMORANDUM regarding 168 Joint MOTION For Extension of Time to Designate Rebuttal Experts filed by Jennifer Turner−Rieger, Equal Employment Opportunity Commission, Heather Joffe, OS Restaurant Partners, Inc., Outback Steakhouse of Florida, Inc., Albert Hoffman. Motion referred to Magistrate Judge Kristen L. Mix. Entered by Chief Judge Edward W. Nottingham on 9/20/07. (Text Only Entry − No Document Attached)(ewnsec, ) (Entered: 09/20/2007)
170 MOTION to Strike Second Amended Complaint in Intervention and Jury Demand by Defendants Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc.. (Attachments: # 1 Exhibit Unpublished Case Toussaint)(Mueller, Stacy) (Entered: 09/20/2007)
171 MINUTE ORDER Granting 168 Joint MOTION For Extension of Time to Designate Rebuttal Experts. Scheduling Order is amended. Rebuttal Experts shall be designated on or before 10/12/07. Entered by Magistrate Judge Kristen L. Mix on 9/20/07.(pap, ) (Entered: 09/20/2007)
172 MEMORANDUM regarding 170 MOTION to Strike Second Amended Complaint in Intervention and Jury Demand filed by OS Restaurant Partners, Inc., Outback Steakhouse of Florida, Inc. Motion referred to Magistrate Judge Kristen L. Mix. Entered by Chief Judge Edward W. Nottingham on 9/20/07. (Text Only Entry − No Document Attached)(ewnsec, ) (Entered: 09/20/2007)
173 ANSWER to Intervenor Complaint in Intervention and Jury Demand by Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc..(Mueller, Stacy) (Entered: 09/20/2007)
174 MOTION to Compel Against Plaintiff EEOC by Defendants Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc. Attachments: # 1Exhibit A# 2Exhibit B# 3Exhibit C# 4 Exhibit D# 5Exhibit E# 6Case Law−Keenan# 7Case Law McCall# 8 Case Law Moreland# 9 Case Law Parmalee# 10Case Law − Pasta House# 11 Case Law Trentadue# 12Case Law − Albertsons)(Moore, Steven) (Modified on 9/26/2007 to clarify entry)(pap2, ). (Entered: 09/25/2007)
175 REPLY to Response to Motion re 104 MOTION to Compel filed by Intervenor Plaintiffs Kelly Altizer, Jennifer Turner−Rieger, Albert Hoffman, Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E)(Struble, Stephanie) (Entered: 09/25/2007)
176 MEMORANDUM regarding 174 MOTION to Compel Against Plaintiff EEOC filed by OS Restaurant Partners, Inc., Outback Steakhouse of Florida, Inc. Motion referred to Magistrate Judge Kristen L. Mix. Entered by Chief Judge Edward W. Nottingham

Case: 1:06-cv-1935 As of: 10/22/2017 10:29 AM MDT 19 of 37

09/27/2007 09/27/2007 10/04/2007 10/05/2007 10/08/2007 10/10/2007
10/10/2007 10/11/2007 10/11/2007 10/15/2007 10/17/2007 10/18/2007 10/18/2007

on 9/25/07. (Text Only Entry − No Document Attached)(ewnsec, ) (Entered: 09/25/2007)
177 Unopposed MOTION For Extension of Time to File Response to Intervenor Altizer's Motion for Reconsideration by Defendants Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc.. (Mueller, Stacy) (Entered: 09/27/2007)
178 MINUTE ORDER granting 177 Motion for Extension of Time to File Response to Intervenor Altizer's Motion for Reconsideration. Entered by Chief Judge Edward W. Nottingham on 9/27/07. (Text Only Entry − No Document Attached)(ewnsec, ) (Entered: 09/27/2007)
179 Minute Entry for proceedings held before Magistrate Judge Kristen L. Mix : Telephonic Discovery Hearing held on 10/4/2007 regarding Mr. Erickson's deposition to be taken in Florida October 11, 2007. (Court Reporter FTR − E.E. Miller) (klmcd ) (Entered: 10/04/2007)
180 NOTICE of Entry of Appearance by Jennifer Ann Randall on behalf of Equal Employment Opportunity Commission (Randall, Jennifer) (Entered: 10/05/2007)
181 RESPONSE to Motion re 160 MOTION for Reconsideration re 151 Order on Motion to Dismiss,, filed by Defendants Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc.. (Attachments: # 1 Exhibit Alpine Bank, unpublished case# 2 Exhibit Consumer Crusade, Inc. − unpublished case)(Mueller, Stacy) (Entered: 10/08/2007)
182 MINUTE ORDER: A Motion Hearing is set for 11/2/2007 from 11:00 AM to 11:15 AM in Courtroom A201 before Chief Judge Edward W. Nottingham regarding 48 APPEAL OF MAGISTRATE JUDGE DECISION to District Court re 41 Order on Motion for Protective Order, 112 MOTION to Dismiss Plaintiff EEOC's Nationwide Claims Pursuant to Fed.R.Civ.P. 12(b)(1), 152 MOTION to Strike 143 Reply to Response to Motion, For Failure To Comply With D.C.Colo.L.R. 7.1C and 7.1A, and Alternative Motion to File Sur−Reply filed by Equal Employment Opportunity Commission. Entered by Chief Judge Edward W. Nottingham on 10/10/07. (Text Only Entry − No Document Attached)(ewnsec, ) (Entered: 10/10/2007)
183 RESPONSE to Motion re 170 MOTION to Strike Second Amended Complaint in Intervention and Jury Demand filed by Intervenor Plaintiff Kelly Altizer. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4)(Struble, Stephanie) (Entered: 10/10/2007)
184 Unopposed MOTION to Withdraw Document re 174 MOTION to Compel Against Plaintiff EEOC by Defendants Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc.. (Mueller, Stacy) (Entered: 10/11/2007)
185 MEMORANDUM regarding 184 Unopposed MOTION to Withdraw Document re 174 MOTION to Compel Against Plaintiff EEOC filed by OS Restaurant Partners, Inc., Outback Steakhouse of Florida, Inc. Motion referred to Magistrate Judge Kristen L. Mix. Entered by Chief Judge Edward W. Nottingham on 10/11/07. (Text Only Entry − No Document Attached)(ewnsec, ) (Entered: 10/11/2007)
186 Minute ORDER granting 184 Unopposed MOTION to Withdraw Document, withdrawing 174 MOTION to Compel Against Plaintiff EEOC by Defendants by Magistrate Judge Kristen L. Mix on 10/12/07.(dln, ) (Entered: 10/15/2007)
187 MOTION to Compel and Request for Expedited Ruling 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)(Kittle, Rita) (Entered: 10/17/2007)
188 MEMORANDUM regarding 187 MOTION to Compel and Request for Expedited Ruling filed by Equal Employment Opportunity Commission. Motions referred to Magistrate Judge Kristen L. Mix by Judge Edward W. Nottingham on 10/18/07. (Text Only Entry − No Document Attached)(jjh, ) (Entered: 10/18/2007)
189 Minute ORDER Setting Hearing on Plaintiff's 187 MOTION to Compel and Request for Expedited Ruling: Motion Hearing set for 10/22/2007 11:00 AM before Magistrate Judge Kristen L. Mix, by Magistrate Judge Kristen L. Mix on 10/18/07. (gms, ) (Entered: 10/18/2007)

Case: 1:06-cv-1935 As of: 10/22/2017 10:29 AM MDT 20 of 37

10/21/2007
10/22/2007 10/23/2007 10/23/2007 10/23/2007
10/23/2007 10/24/2007 10/25/2007 10/26/2007 10/26/2007 10/29/2007
10/29/2007 10/31/2007

190 RESPONSE to Motion re 187 MOTION to Compel and Request for Expedited Ruling filed by Defendant Outback Steakhouse of Florida, Inc.. (Attachments: # 1Exhibit A, # 2Exhibit B, # 3 Exhibit C, # 4Exhibit D, # 5Exhibit E, # 6Exhibit F, # 7 Exhibit G, # 8Exhibit H, # 9Exhibit I, # 10Exhibit J, # 11 Exhibit K, # 12Exhibit L, # 13Exhibit M, # 14Exhibit N, # 15 Exhibit O, # 16Exhibit P, # 17 Exhibit Q, # 18Exhibit R, # 19 Exhibit S)(Mandelson, Richard) (Modified on 10/22/2007 to clarify entry)(pap2, ). (Entered: 10/21/2007)
191 Minute Entry for proceedings held before Magistrate Judge Kristen L. Mix: granting in part and denying in part 187 Motion to Compel. Motion Hearing held on 10/22/2007. (Court Reporter FTR − E. E. Miller) (klmcd ) (Modified on 10/23/2007 to correct hearing date)(pap, ). (Entered: 10/23/2007)
192 Unopposed MOTION for Extension of Time to File Response/Reply by Intervenor Plaintiff Kelly Altizer. (Attachments: # 1 Proposed Order (PDF Only))(Struble, Stephanie) (Entered: 10/23/2007)
193 Unopposed MOTION to Amend/Correct/Modify Scheduling Order to Reschedule Preliminary Pretrial Conference by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order (PDF Only))(Kittle, Rita) (Entered: 10/23/2007)
194 MEMORANDUM regarding 193 Unopposed MOTION to Amend/Correct/Modify Scheduling Order to Reschedule Preliminary Pretrial Conference filed by Equal Employment Opportunity Commission. Motion referred to Magistrate Judge Kristen L. Mix. Entered by Chief Judge Edward W. Nottingham on 10/23/07. (Text Only Entry − No Document Attached)(ewnsec, ) (Entered: 10/23/2007)
195 Docket Annotation re: 191 Motion Hearing Minute Entry, entry modified to correct hearing date. Text only entry − no document attached (pap, ) (Entered: 10/23/2007)
196 MINUTE ORDER granting 192 Motion for Extension of Time to File Reply to Motion for Reconsideration. The reply shall be filed no later than October 26, 2007. Entered by Chief Judge Edward W. Nottingham on 10/24/07. (Text Only Entry − No Document Attached)(ewnsec, ) (Entered: 10/24/2007)
197 REPLY to Response to Motion re 170 MOTION to Strike Second Amended Complaint in Intervention and Jury Demand filed by Defendants Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc.. (Mueller, Stacy) (Entered: 10/25/2007)
198 NOTICE of Supplemental Authority by Defendant Outback Steakhouse of Florida, Inc. (Attachments: # 1 Exhibit Supplemental Authority)(Moore, Steven) (Entered: 10/26/2007)
199 REPLY to Response to Motion re 160 MOTION for Reconsideration re 151 Order on Motion to Dismiss,, filed by Intervenor Plaintiff Kelly Altizer. (Struble, Stephanie) (Entered: 10/26/2007)
200 ORDER Plaintiff's and Intervenor's 104 Motion to Compel production of complaints is granted. Granting Plaintiff's Unopposed 193 Motion to Amend Scheduling Order to Reschedule Preliminary Pretrial Conference. Preliminary Pretrial Conference of 11/27/07 is vacated and reset for 12/13/07 at 10:00 am, proposed preliminary pretrial order deadline is due on or before 12/6/07,signed by Magistrate Judge Kristen L. Mix on 10/29/07.(sss, ) (Entered: 10/29/2007)
201 Utility Setting/Resetting Deadlines/Hearings: Proposed Pretrial Order due by 12/6/2007. Preliminary Pretrial Conference set for 12/13/2007 10:00 AM in Courtroom A 501 before Magistrate Judge Kristen L. Mix pursuant to order of 10/29/07. Text only entry − no document attached. (sss, ) (Entered: 10/29/2007)
202 Minute Entry for proceedings held before Magistrate Judge Kristen L. Mix: Telephonic Conference held on 10/31/2007. Settlement Conference set for 11/8/07 is vacated. Preliminary Pretrial Conference set for 12/13/07 is vacated and reset for 12/20/2007 10:30 AM in Courtroom A 501 before Magistrate Judge Kristen L. Mix. Proposed Preliminary Pretrial Order due by 12/14/2007. (Court Reporter FTR − Ellen E. Miller.) (sss, ) (Entered: 11/01/2007)

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11/01/2007 11/01/2007 11/02/2007
11/02/2007 11/02/2007 11/13/2007 11/15/2007 11/16/2007 11/19/2007
11/19/2007
11/20/2007 11/20/2007 11/21/2007 11/21/2007 12/07/2007 12/07/2007

203 NOTICE of Entry of Appearance by Lynn D. Feiger on behalf of Heather Joffe, Kelly Altizer, Jennifer Turner−Rieger, Albert Hoffman (Feiger, Lynn) (Entered: 11/01/2007)
204 MINUTE ORDER: The motion hearing set for November 2, 2007, is VACATED. Entered by Chief Judge Edward W. Nottingham on 11/1/07. (Text Only Entry − No Document Attached)(ewnsec, ) (Entered: 11/01/2007)
205 ORDER and Memorandum of Decision granting in part Plaintiff's 152 Motion to Strike, or in the alternative, file a surreply; granting Defendants' 112 Motion to Dismiss EEOC's nationwide claims; denying as moot Defendants' 48 Objection to the Magistrate's Order. Signed by Chief Judge Edward W. Nottingham on 11/2/07.(sss, ) (Entered: 11/02/2007)
206 ORDER granting 66 Motion to Intervene as Party Plaintiff filed by Heather Joffee. Signed by Chief Judge Edward W. Nottingham on 11/2/07.(sss, ) (Entered: 11/02/2007)
207 INTERVENOR COMPLAINT and Jury Demand against Outback Steakhouse of Florida, Inc. and OS Restaurant Service, Inc., filed by Heather Joffe.(sss, ) (Entered: 11/02/2007)
208 Minute ORDER denying without prejudice Defendants' 170 Motion to Strike Second Amended Complaint in Intervention and Jury Demand,by Magistrate Judge Kristen L. Mix on 11/13/07.(sss, ) (Entered: 11/13/2007)
209 STIPULATION for Extension of Time to Respond to Discovery Requests by Plaintiff and Defendants. (Mueller, Stacy) (Modified on 11/16/2007 to add filer) (dln, ). (Entered: 11/15/2007)
210 Docket Annotation re: 209 STIPULATION for Extension of Time to Respond to Discovery Requests. [Entry modified to add filer]. Text only entry − no document attached (dln, ) (Entered: 11/16/2007)
211 Unopposed MOTION for Leave to Conduct the Deposition of Corvitus Inc. Out of Time by Plaintiff Equal Employment Opportunity Commission and Plaintiff−Intervenors Altizer, Hoffman, Joffe, and Turner−Reiger. (Attachments: # 1 Proposed Order (PDF Only))(Randall, Jennifer) Modified on 11/21/2007 to add filers (sss, ). (Entered: 11/19/2007)
212 MEMORANDUM regarding 211 Unopposed MOTION for Leave to Conduct the Deposition of Corvitus Inc. Out of Time filed by Equal Employment Opportunity Commission. Motion referred to Magistrate Judge Kristen L. Mix. Entered by Chief Judge Edward W. Nottingham on 11/19/07. (Text Only Entry − No Document Attached)(ewnsec, ) (Entered: 11/19/2007)
213 Minute ORDER granting Plaintiffs' Unopposed 211 Motion for Leave to Conduct Deposition of Corvirtus, Inc. Out of Time. Discovery cut−off is extended to 12/10/07 for purposes of conducting Corvirtus, Inc. deposition only, by Magistrate Judge Kristen L. Mix on 11/20/07.(sss, ) (Entered: 11/20/2007)
214 Utility Setting/Resetting Deadlines/Hearings: Discovery cut−off is extended to 12/10/2007 for purpose of conducting Corvirtus, Inc. deposition only. Text only entry − no document attached. (sss, ) (Entered: 11/20/2007)
215 Docket Annotation re: 211 Unopposed MOTION for Leave to Conduct the Deposition of Corvitus Inc. Out of Time. Docket entry modified to add filers. Text only entry − no document attached (sss, ) (Entered: 11/21/2007)
216 ANSWER to 207 Intervenor Complaint and Jury Demand of Plaintiff−Intervenor Heather Joffe by OS Restaurant Services, Inc., Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc..(Moore, Steven) (Entered: 11/21/2007)
217 MOTION for Summary Judgment by Defendants OS Restaurant Services, Inc., Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc.. (Moore, Steven) (Entered: 12/07/2007)
218 BRIEF in Support re 217 MOTION for Summary Judgment filed by Defendants OS Restaurant Services, Inc., Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc.. (Attachments: # 1 Exhibit Exhibit A−1, # 2 Exhibit Exhibit A−2, # 3

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12/07/2007 12/07/2007 12/07/2007
12/10/2007 12/10/2007

Exhibit Exhibit A−3, # 4 Exhibit Exhibit A−4, # 5 Exhibit Exhibit A−5, # 6 Exhibit Exhibit A−6, # 7 Exhibit Exhibit A−7, # 8 Exhibit Exhibit A−9, # 9 Exhibit Exhibit A−10, # 10 Exhibit Exhibit A−12, # 11 Exhibit Exhibit A−13, # 12 Exhibit Exhibit A−14, # 13 Exhibit Exhibit A−15, # 14 Exhibit Exhibit A−16, # 15 Exhibit Exhibit A−17, # 16 Exhibit Exhibit A−18, # 17 Exhibit Exhibit A−19, # 18 Exhibit Exhibit A−20, # 19 Exhibit Exhibit A−21, # 20 Exhibit Exhibit A−22, # 21 Exhibit Exhibit A−23, # 22 Exhibit Exhibit A−24, # 23 Exhibit Exhibit A−25, # 24 Exhibit Exhibit A−26, # 25 Exhibit Exhibit 27, # 26 Exhibit Exhibit A−28, # 27 Exhibit Exhibit A−29, # 28 Exhibit Exhibit A−30, # 29 Exhibit Exhibit A−31, # 30 Exhibit Exhibit A−32, # 31 Exhibit Exhibit A−33, # 32 Appendix Unpublished Case EEOC, # 33 Appendix Unpublished case Talmadge, # 34 Appendix Unpublished case Turner)(Moore, Steven) (Entered: 12/07/2007)
219 Unopposed MOTION to Reset Deposition Date by Intervenor Plaintiffs Heather Joffe, Jennifer Turner−Rieger, Albert Hoffman, Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order (PDF Only))(Struble, Stephanie) (Entered: 12/07/2007)
220 MOTION for Summary Judgment against Intervenors by Defendants OS Restaurant Services, Inc., Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc.. (Moore, Steven) (Entered: 12/07/2007)
221 BRIEF in Support re 220 MOTION for Summary Judgment against Intervenors filed by Defendants OS Restaurant Services, Inc., Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc.. (Attachments: # 1 Exhibit Exhibit A−1, # 2 Exhibit Exhibit A−2, # 3 Exhibit Exhibit A−3, # 4 Exhibit Exhibit A−4, # 5 Exhibit Exhibit A−5, # 6 Exhibit Exhibit A−6, # 7 Exhibit Exhibit A−7, # 8 Exhibit Exhibit A−8, # 9 Exhibit Exhibit A−9, # 10 Exhibit Exhibit A−10, # 11 Exhibit Exhibit A−11, # 12 Exhibit Exhibit A−12, # 13 Exhibit Exhibit A−13, # 14 Exhibit Exhibit A−14, # 15 Exhibit Exhibit A−15, # 16 Exhibit Exhibit A−16, # 17 Exhibit Exhibit A−17, # 18 Exhibit Exhibit A−18, # 19 Exhibit Exhibit A−19, # 20 Exhibit Exhibit A−20, # 21 Exhibit Exhibit A−21, # 22 Exhibit Exhibit A−22, # 23 Exhibit Exhibit A−23, # 24 Exhibit Exhibit A−24, # 25 Exhibit Exhibit A−25, # 26 Exhibit Exhibit A−26, # 27 Deposition Excerpts Exhibit A−27, # 28 Exhibit Exhibit A−28, # 29 Exhibit Exhibit A−29, # 30 Exhibit Exhibit A−30, # 31 Deposition Excerpts Exhibit A−31, # 32 Exhibit Exhibit A−32, # 33 Exhibit Exhibit A−33, # 34 Exhibit Exhibit A−34, # 35 Exhibit Exhibit A−35, # 36 Exhibit Exhibit A−36, # 37 Exhibit Exhibit A−37, # 38 Exhibit Exhibit A−38, # 39 Exhibit Exhibit A−39, # 40 Exhibit Exhibit A−40, # 41 Exhibit Exhibit A−41, # 42 Exhibit Exhibit A−42, # 43 Exhibit Exhibit A−43, # 44 Exhibit Exhibit A−44, # 45 Exhibit Exhibit A−45, # 46 Exhibit Exhibit A−46, # 47 Exhibit Exhibit A−47, # 48 Exhibit Exhibit A−48, # 49 Exhibit Exhibit A−49, # 50 Exhibit Exhibit A−50, # 51 Exhibit Exhibit A−51, # 52 Exhibit Exhibit A−52, # 53 Exhibit Exhibit A−53, # 54 Exhibit Exhibit A−54, # 55 Exhibit Exhibit A−55, # 56 Exhibit Exhibit A−56, # 57 Exhibit Exhibit A−57, # 58 Exhibit Exhibit A−58, # 59 Exhibit Exhibit A−59, # 60 Exhibit Exhibit A−60, # 61 Exhibit Exhibit A−61, # 62 Exhibit Exhibit A−62, # 63 Exhibit Exhibit A−63, # 64 Exhibit Exhibit A−64, # 65 Exhibit Exhibit A−65, # 66 Appendix Unpublised case−Bloc, # 67 Appendix Unpublished case−Carr, # 68 Appendix Unpublished case−Defl, # 69 Appendix Unpublished case Espi, # 70 Appendix Unpublished case−Hubb, # 71 Appendix Unpublished case−Mart, # 72 Appendix Unpublished case−Nick, # 73 Appendix Unpublished case−Pend, # 74 Appendix Unpublished case−Stub, # 75 Appendix Unpublished case−Talm, # 76 Appendix Unpublished case−Tayl, # 77 Appendix Unpublished case−Turn)(Moore, Steven) (Entered: 12/07/2007)
222 MEMORANDUM regarding 219 Unopposed MOTION to Reset Deposition Date filed by Jennifer Turner−Rieger, Equal Employment Opportunity Commission, Heather Joffe, Albert Hoffman. Motion referred to Magistrate Judge Kristen L. Mix. Entered by Chief Judge Edward W. Nottingham on 12/10/07. (Text Only Entry − No Document Attached)(ewnsec, ) (Entered: 12/10/2007)
223 Minute ORDER granting Plaintiff's Unopposed 219 Motion to Reset Deposition Date. Discovery Cut−off for Phase I (liability) is extended to 12/17/07 for the purpose of conducting the deposition of CorVirtus, Inc. only, by Magistrate Judge Kristen L. Mix on 12/10/07.(sss, ) (Entered: 12/11/2007)

Case: 1:06-cv-1935 As of: 10/22/2017 10:29 AM MDT 23 of 37

12/14/2007
12/17/2007 12/17/2007
12/18/2007
12/18/2007 12/20/2007 12/20/2007 12/21/2007
12/26/2007 01/02/2008
01/04/2008 01/08/2008 01/11/2008 01/24/2008

224 Proposed Pretrial Order by Intervenor Plaintiffs Heather Joffe, Jennifer Turner−Rieger, Albert Hoffman, Plaintiff Equal Employment Opportunity Commission, Defendants OS Restaurant Services, Inc., Outback Steakhouse of Florida, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Struble, Stephanie) Modified on 12/17/2007 to remove filer (sss, ). (Entered: 12/14/2007)
225 Docket Annotation re: 224 Proposed Pretrial Order. Docket entry modified to remove filer. Text only entry − no document attached (sss, ) (Entered: 12/17/2007)
226 Unopposed MOTION for Extension of Time to File Response/Reply as to 217 MOTION for Summary Judgment, 220 MOTION for Summary Judgment against Intervenors by Intervenor Plaintiffs Heather Joffe, Jennifer Turner−Rieger, Albert Hoffman, Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order (PDF Only))(Kittle, Rita) Modified on 12/18/2007 to remove Altizer as filer (sss, ). (Entered: 12/17/2007)
227 MINUTE ORDER granting 226 Motion for Extension of Time to File Response/Reply to Motion for Summary Judgment. Plaintiffs' are to file a response to Defendants' Motions for Summary Judgment no later than January 8, 2008. Entered by Chief Judge Edward W. Nottingham on 12/18/07. (Text Only Entry − No Document Attached)(ewnsec, ) (Entered: 12/18/2007)
228 Docket Annotation re: 226 Unopposed MOTION for Extension of Time to File Response/Reply as to 217 MOTION for Summary Judgment, 220 MOTION for Summary Judgment against Intervenors. Docket entry modified to remover Altizer as filer. Text only entry − no document attached (sss, ) (Entered: 12/18/2007)
229 Minute Entry / Minute Order for proceedings held before Magistrate Judge Kristen L. Mix: Preliminary Pretrial Conference held on 12/20/2007. ORDERED: Proposed Preliminary Pretrial Order tendered to court and modified from bench is made an order of the court. (Court Reporter FTR − Ellen Miller.) (sss, ) (Entered: 12/20/2007)
230 PRELIMINARY PRETRIAL ORDER: There are motions pending, discovery is not complete.. Signed by Magistrate Judge Kristen L. Mix on 12/20/07. (Attachments: # 1 Plaintiffs' Witness List, # 2 Defendants Witness List)(sss, ) (Entered: 12/20/2007)
231 Joint MOTION for Extension of Time to File Response/Reply to Summary Judgment Motions 217 and 220 by Intervenor Plaintiffs Heather Joffe, Jennifer Turner−Rieger, Albert Hoffman, Plaintiff Equal Employment Opportunity Commission, Defendants OS Restaurant Services, Inc., Outback Steakhouse of Florida, Inc.. (Kittle, Rita) Modified on 12/26/2007 to create document linkage (sss, ). (Entered: 12/21/2007)
232 Docket Annotation re: 231 Joint MOTION for Extension of Time to File Response/Reply to Summary Judgment Motions. Docket entry modified to create document linkage. Text only entry − no document attached (sss, ) (Entered: 12/26/2007)
233 MINUTE ORDER granting 231 Motion for Extension of Time to File Response regarding 217 MOTION for Summary Judgment and 220 MOTION for Summary Judgment against Intervenors. Plaintiff's responses to 217 and 220 Motions for Summary Judgment are due no later than 1/28/2008. Entered by Chief Judge Edward W. Nottingham on 1/2/08. (Text Only Entry − No Document Attached)(ewnsec, ) (Entered: 01/02/2008)
234 MOTION to Withdraw as Attorney by Intervenor Plaintiffs Heather Joffe, Jennifer Turner−Rieger, Albert Hoffman. (Attachments: # 1 Proposed Order (PDF Only))(Struble, Stephanie) (Entered: 01/04/2008)
235 MINUTE ORDER: granting 234 Motion to Withdraw as Attorney. Attorney Stephanie Struble terminated. Entered by Chief Judge Edward W. Nottingham on 1/8/08. (Text Only Entry − No Document Attached)(ewnsec, ) (Entered: 01/08/2008)
236 NOTICE of Entry of Appearance by Stephanie Struble on behalf of Equal Employment Opportunity Commission (Struble, Stephanie) (Entered: 01/11/2008)
237 MOTION to Regarding Jury Trial Issues Raised at Parties' December 14, 2007 Preliminary Pretrial Conference by Defendants Outback Steakhouse of Florida, Inc., OS Restaurant Services, Inc. (Attachments: # 1 Exhibit Unreported Case)(Moore,

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01/25/2008 01/25/2008 01/25/2008 01/28/2008 01/28/2008 01/28/2008 01/28/2008
01/28/2008

Steven) Modified on 1/25/2008 to add filer (sss, ). (Entered: 01/24/2008)
238 Docket Annotation re: 237 MOTION to Regarding Jury Trial Issues Raised at Parties' December 14, 2007 Preliminary Pretrial Conference. Docket entry modified to add filer. Text only entry − no document attached (sss, ) (Entered: 01/25/2008)
239 MINUTE ORDER denying 237 Defendants' Motion Regarding Jury Trial Issues Raised at Parties' December 14, 2007 Preliminary Pretrial Conference for inadequate compliance with local rule 7.1A.Entered by Chief Judge Edward W. Nottingham on 1/25/08. (Text Only Entry − No Document Attached)(ewnsec, ) (Entered: 01/25/2008)
240 MOTION to Regarding Jury Trial Issues Raised at Parties' December 14, 2007 Preliminary Pretrial Conference by Defendants Outback Steakhouse of Florida, Inc., OS Restaurant Services, Inc. (Attachments: # 1 Exparte Attachment Unreported Case)(Lee, Lawrence) Modified on 1/28/2008 to add filer (sss, ). (Entered: 01/25/2008)
241 Docket Annotation re: 240 MOTION to Regarding Jury Trial Issues Raised at Parties' December 14, 2007 Preliminary Pretrial Conference. Docket entry modified to add filer. Text only entry − no document attached (sss, ) (Entered: 01/28/2008)
242 Unopposed MOTION for Extension of Time to File Response/Reply as to 217 MOTION for Summary Judgment (1−Day Extension) by Plaintiff Equal Employment Opportunity Commission. (Kittle, Rita) (Entered: 01/28/2008)
243 RESPONSE to Motion re 220 MOTION for Summary Judgment against Intervenors filed by Intervenor Plaintiffs Heather Joffe, Jennifer Turner−Rieger, Albert Hoffman. (Feiger, Lynn) (Entered: 01/28/2008)
244 BRIEF in Opposition re 220 MOTION for Summary Judgment against Intervenors filed by Intervenor Plaintiffs Heather Joffe, Jennifer Turner−Rieger, Albert Hoffman. (Attachments: # 1 Exhibit B−1, # 2 Exhibit B−2, # 3 Exhibit B−3, # 4 Exhibit B−4, # 5 Exhibit B−5, # 6 Exhibit B−6, # 7 Exhibit B−7, # 8 Exhibit B−8, # 9 Exhibit B−9, # 10 Exhibit B−10, # 11 Exhibit B−11, # 12 Exhibit B−12, # 13 Exhibit B−13, # 14 Exhibit B−14, # 15 Exhibit B−15, # 16 Exhibit B−16, # 17 Exhibit B−17, # 18 Exhibit B−18, # 19 Exhibit B−19, # 20 Exhibit B−20, # 21 Exhibit B−21, # 22 Exhibit B−22, # 23 Exhibit B−23, # 24 Exhibit B−24, # 25 Exhibit B−25, # 26 Exhibit B−26, # 27 Exhibit B−27, # 28 Exhibit B−28, # 29 Exhibit B−29, # 30 Exhibit B−30, # 31 Exhibit B−31, # 32 Exhibit B−32, # 33 Exhibit B−33, # 34 Exhibit B−34, # 35 Exhibit B−35, # 36 Exhibit B−36, # 37 Exhibit B−37, # 38 Exhibit B−38, # 39 Exhibit B−39, # 40 Exhibit B−40, # 41 Exhibit B−41, # 42 Exhibit B−42, # 43 Exhibit B−43, # 44 Exhibit B−44, # 45 Exhibit B−45, # 46 Exhibit B−46, # 47 Exhibit B−47, # 48 Exhibit B−48)(Feiger, Lynn) (Entered: 01/28/2008)
245 BRIEF in Opposition re 217 MOTION for Summary Judgment filed 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 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Affidavit Altizer, # 33 Affidavit Anderson, # 34 Affidavit Angel, # 35 Affidavit Archie, # 36 Affidavit Buhrman, # 37 Affidavit Byers, # 38 Affidavit Capper, # 39 Affidavit Coleman, # 40 Affidavit Eckenroth, # 41 Affidavit Flynn−Larson, # 42 Affidavit Green, # 43 Affidavit Iverson, # 44 Affidavit Joffe, # 45 Affidavit Johnson, # 46 Affidavit Kaltenbaugh, # 47 Affidavit Kittle, # 48 Affidavit Lee, # 49 Affidavit Logan, # 50 Affidavit Markovich, # 51 Affidavit Martinez, # 52 Affidavit McCann, # 53 Affidavit Morris, # 54 Affidavit Musser, # 55 Affidavit Myers, # 56 Affidavit Poma, # 57 Affidavit Potes, # 58 Affidavit Schneider, # 59 Affidavit Schulz, # 60 Affidavit Talbott, # 61 Affidavit Toupal, # 62 Affidavit Turner−Rieger, # 63 Affidavit Vera, # 64 Deposition Excerpts 30b6 Boyle, # 65 Deposition Excerpts 30b6 Erickson I, # 66 Deposition Excerpts Altizer, # 67 Deposition Excerpts Bergeron, # 68 Deposition Excerpts Brown, # 69 Deposition Excerpts Covey, # 70 Deposition Excerpts Egly, # 71 Deposition Excerpts Erickson II, # 72 Deposition Excerpts Flanagan, # 73 Deposition Excerpts Gallup, # 74 Deposition Excerpts Gwin, # 75 Deposition Excerpts Halpain, # 76 Deposition Excerpts Haworth, # 77 Deposition Excerpts Hyatt, # 78 Deposition Excerpts Joffe, #

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01/29/2008 02/04/2008
02/04/2008 02/05/2008 02/12/2008
02/12/2008 02/14/2008 02/22/2008

79 Deposition Excerpts Kadow, # 80 Deposition Excerpts Killey−Johns, # 81 Deposition Excerpts Martinez, # 82 Deposition Excerpts Outtz, # 83 Deposition Excerpts Roderick, # 84 Deposition Excerpts Rush, # 85 Deposition Excerpts Striplin, # 86 Deposition Excerpts Turner−Rieger)(Kittle, Rita) (Entered: 01/28/2008)
246 MINUTE ORDER granting 242 Plaintiff's Motion for Extension of Time to File Response regarding 217 Defendants'MOTION for Summary Judgment. Plaintiff's response to 217 Motion for Summary Judgment is due no later than 1/29/2008. Entered by Chief Judge Edward W. Nottingham on 1/29/08. (Text Only Entry − No Document Attached)(ewnsec, ) (Entered: 01/29/2008)
247 MOTION to Exclude Defendants' Motion for Automatic Evidence Preclusion Regarding Exhibit 1 to the EEOC's Response to Defendants' Motion for Summary Judgment and Exhibit B−30 to Intervenors' Response to Defendants' Motion for Summary Judgment, Pursuant to Fed. R. Civ. P. 37(c)(1) by Defendants OS Restaurant Services, Inc., Outback Steakhouse of Florida, Inc. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C−1, # 4 Exhibit Exhibit C−2, # 5 Exhibit Exhibit D−1, # 6 Exhibit Exhibit D−2, # 7 Exhibit, # 8 Exhibit Exhibit E−1, # 9 Exhibit Exhibit E−2, # 10 Exhibit Exhibit E−3, # 11 Exhibit Exhibit F−1, # 12 Exhibit Exhibit F−2, # 13 Exhibit Exhibit F−3, # 14 Deposition Excerpts Exhibit F−4, # 15 Exhibit Exhibit G, # 16 Exhibit Exhibit H, # 17 Exhibit Exhibit I−1, # 18 Exhibit Exhibit I−2)(Mueller, Stacy) Modified on 2/5/2008 to remove OS Restaurant Partners as filer (sss, ). (Entered: 02/04/2008)
248 Exhibits in Support of 247 MOTION to Exclude Defendants' Motion for Automatic Evidence Preclusion Regarding Exhibit 1 to the EEOC's Response to Defendants' Motion for Summary Judgment and Exhibit B−30 to Intervenors' Response to Defendants' Motion for Summary Judgment by Defendants OS Restaurant Services, Inc., Outback Steakhouse of Florida, Inc. (Attachments: # 1 Exhibit Case law Cook, # 2 Exhibit Case Law Allgood, # 3 Exhibit Case Law Coumeril, # 4 Exhibit Safeguard, # 5 Exhibit caselaw stein, # 6 Exhibit Case Law Baker)(Mueller, Stacy) Modified on 2/5/2008 to remove OS Restaurant Partners as filer (sss, ). (Entered: 02/04/2008)
249 Docket Annotation re: 248 Exhibits, 247 MOTION to Exclude. Docket entries modified to remove OS Restaurant Partners as filer. Text only entry − no document attached (sss, ) (Entered: 02/05/2008)
250 Unopposed MOTION for Extension of Time to File Response/Reply as to 218 Brief in Support of Motion,,,, 243 Response to Motion, 217 MOTION for Summary Judgment, 244 Brief in Opposition to Motion,,,, 221 Brief in Support of Motion,,,,,,,,,, 245 Brief in Opposition to Motion,,,,,,,,, 220 MOTION for Summary Judgment against Intervenors by Defendants OS Restaurant Services, Inc., Outback Steakhouse of Florida, Inc.. (Attachments: # 1 Proposed Order (PDF Only) granting Unopposed Motion for Extension of Time for Defendants to File Reply in Support of Motion for Summary Judgment Against Plaintiff EEOC and REply in Support of MOtion for Summary Judgment Against Intervenors)(Mueller, Stacy) (Entered: 02/12/2008)
251 MINUTE ORDER granting 250 Motion for Extension of Time to File Reply regarding 217 MOTION for Summary Judgment and 220 MOTION for Summary Judgment against Intervenors. Defendants' replies are due no later than 2/22/2008.Entered by Chief Judge Edward W. Nottingham on 2/12/08. (Text Only Entry − No Document Attached)(ewnsec, ) (Entered: 02/12/2008)
252 BRIEF in Opposition re 240 MOTION to Regarding Jury Trial Issues Raised at Parties' December 14, 2007 Preliminary Pretrial Conference filed by Intervenor Plaintiffs Heather Joffe, Jennifer Turner−Rieger, Albert Hoffman, Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Struble, Stephanie) (Entered: 02/14/2008)
253 MOTION to Exclude Defendants' Motion for Automatic Evidence Preclusion Regarding Declarations Attached as Exhibits to the EEOC and Intervenors' Responses to Defendants' Motion for Summary Judgment, Pursuant to Fed. R. Civ. P. 37(c)(1) by Defendants OS Restaurant Services, Inc., Outback Steakhouse of Florida, Inc.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit Unpublished case − Palmer, # 8 Exhibit Unpublished case−Lobato, # 9 Exhibit Unpublished case−Scott, # 10 Exhibit Unpublished case − Lintz)(Mueller, Stacy) (Entered: 02/22/2008)

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02/22/2008 02/22/2008 02/25/2008 02/25/2008
02/26/2008 02/27/2008 02/27/2008 02/28/2008 03/06/2008 03/07/2008 03/13/2008 03/14/2008 03/14/2008

254 REPLY to Response to Motion re 217 MOTION for Summary Judgment against Plaintiff EEOC filed by Defendants OS Restaurant Services, Inc., Outback Steakhouse of Florida, Inc.. (Attachments: # 1 Exhibit, # 2 Exhibit Unpublished case−Berry, # 3 Exhibit Unpublished case−Reeves, # 4 Exhibit)(Mueller, Stacy) (Entered: 02/22/2008)
255 REPLY to Response to Motion re 220 MOTION for Summary Judgment against Intervenors filed by Defendants OS Restaurant Services, Inc., Outback Steakhouse of Florida, Inc.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Mueller, Stacy) Modified on 2/25/2008 to remove linkage to Dkt. 217 and add linkage to Dkt. 220 (sss, ). (Entered: 02/22/2008)
256 Docket Annotation re: 255 Reply to Response to Motion. Docket entry modified to remove linkage to Dkt. 217 and add linkage to Dkt. 220. Text only entry − no document attached (sss, ) (Entered: 02/25/2008)
257 RESPONSE to Motion re 247 MOTION to Exclude Defendants' Motion for Automatic Evidence Preclusion Regarding Exhibit 1 to the EEOC's Response to Defendants' Motion for Summary Judgment and Exhibit B−30 to Intervenors' Response to Defendants' Motion filed by Intervenor Plaintiffs Heather Joffe, Jennifer Turner−Rieger, Albert Hoffman, Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Unpublished Case − AMX Corp., # 7 Unpublished case − Foodbrands Supply, # 8 Unpublished case − Goeken v. Wal−Mart, # 9 Unpublished case − Harvey v. U.S., # 10 Unpublished case − Ward v Nat'l Geographic)(Struble, Stephanie) (Entered: 02/25/2008)
258 Unopposed MOTION for Extension of Time to File Response/Reply as to 240 MOTION to Regarding Jury Trial Issues Raised at Parties' December 14, 2007 Preliminary Pretrial Conference by Defendants Outback Steakhouse of Florida, Inc., OS Restaurant Services, Inc. (Moore, Steven) Modified on 2/27/2008 to add filer (sss, ). (Entered: 02/26/2008)
259 Docket Annotation re: 258 Unopposed MOTION for Extension of Time. Docket entry modified to add filer. Text only entry − no document attached (sss, ) (Entered: 02/27/2008)
260 MINUTE ORDER granting 258 Defendant's Motion for Extension of Time to File Response/Reply as to 240 Motion Regarding Jury Trial Issues. Defendant's Reply is due no later than 3/14/2008. Entered by Chief Judge Edward W. Nottingham on 2/27/08. (Text Only Entry − No Document Attached)(ewnsec, ) (Entered: 02/27/2008)
261 REPLY to Response to Motion re 220 MOTION for Summary Judgment against Intervenors Amended Reply filed by Defendants OS Restaurant Services, Inc., Outback Steakhouse of Florida, Inc.. (Mueller, Stacy) (Entered: 02/28/2008)
262 REPLY to Response to Motion re 240 MOTION to Regarding Jury Trial Issues Raised at Parties' December 14, 2007 Preliminary Pretrial Conference filed by Defendant Outback Steakhouse of Florida, Inc. OS Restaurant Services, Inc. (Moore, Steven) Modified on 3/7/2008 to add filer (sss, ). (Entered: 03/06/2008)
263 Docket Annotation re: 262 Reply to Response to Motion. Docket entry modified to add filer. Text only entry − no document attached (sss, ) (Entered: 03/07/2008)
264 RESPONSE to 253 Motion to Exclude Witnesses filed by Intervenor Plaintiffs Heather Joffe, Jennifer Turner−Rieger, Albert Hoffman, Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Struble, Stephanie) Modified on 3/14/2008 to add doc number for motion to exclude (sss, ). (Entered: 03/13/2008)
265 Docket Annotation re: 264 Response to Motion. Docket entry modified to add docket number for motion to exclude. Text only entry − no document attached (sss, ) (Entered: 03/14/2008)
266 REPLY to Response to Motion re 247 MOTION to Exclude Defendants' Motion for Automatic Evidence Preclusion Regarding Exhibit 1 to the EEOC's Response to Defendants' Motion for Summary Judgment and Exhibit B−30 to Intervenors' Response to Defendants' Motion fo filed by Defendants OS Restaurant Services, Inc., Outback Steakhouse of Florida, Inc.. (Mueller, Stacy) (Entered: 03/14/2008)

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03/27/2008 03/28/2008 03/31/2008
04/01/2008 04/17/2008 04/21/2008 04/21/2008 04/21/2008 04/21/2008 04/28/2008 05/06/2008 05/12/2008 05/12/2008 05/14/2008 05/16/2008

267 MOTION to Compel by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Struble, Stephanie) (Entered: 03/27/2008)
268 MEMORANDUM regarding 267 MOTION to Compel filed by Equal Employment Opportunity Commission. Motion referred to Magistrate Judge Kristen L. Mix. Entered by Chief Judge Edward W. Nottingham on 3/28/08. (Text Only Entry − No Document Attached)(ewnsec, ) (Entered: 03/28/2008)
269 REPLY to Response to 253 Motion for Automatic Evidence Preclusion Regarding Declarations Attached as Exhibits to the EEOC and Intervenors' Responses to Defendants' Motion for Summary Judgment Pursuant to Fed. R. Civ. P. 37(c)(1) filed by Defendants OS Restaurant Services, Inc., Outback Steakhouse of Florida, Inc.. (Attachments: # 1 Exhibit J, # 2 Unpublished Case: Santiago)(Mueller, Stacy) Modified on 4/1/2008 to add doc. number for motion(sss, ). (Entered: 03/31/2008)
270 Docket Annotation re: 269 Reply to Response to Motion. Docket entry modified to add docket number for motion. Text only entry − no document attached (sss, ) (Entered: 04/01/2008)
271 NOTICE of Change of Address by Stephanie Struble (Struble, Stephanie) (Entered: 04/17/2008)
272 RESPONSE to Motion re 267 MOTION to Compel Discovery filed by Defendants OS Restaurant Services, Inc., Outback Steakhouse of Florida, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit Unpublished Case SEC v. Nacchio)(Mueller, Stacy) (Entered: 04/21/2008)
273 SEALED DOCUMENT by Defendants OS Restaurant Services, Inc., Outback Steakhouse of Florida, Inc.. (Attachments: # 1 Exhibit E, # 2 Exhibit F, # 3 Exhibit G, # 4 Exhibit H)(Mueller, Stacy) (Entered: 04/21/2008)
274 Unopposed MOTION to Seal Document Exhibits pursuant to D.C.Colo.LCivR 7.2 by Defendants OS Restaurant Services, Inc., Outback Steakhouse of Florida, Inc.. (Attachments: # 1 Proposed Order (PDF Only))(Mueller, Stacy) (Entered: 04/21/2008)
275 Exhibits D to H in Support of 272 Response to Motion by Defendants OS Restaurant Services, Inc., Outback Steakhouse of Florida, Inc. (Public Entry for 273 SEALED DOCUMENT. Text only entry − no document attached.) (ssssl, ) (Entered: 04/22/2008)
276 MINUTE ORDER granting 274 Motion to Seal Document − Exhibits. Entered by Chief Judge Edward W. Nottingham on 4/28/08. (Text Only Entry − No Document Attached)(ewnsec, ) (Entered: 04/28/2008)
277 REPLY to Response to Motion re 267 MOTION to Compel filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Struble, Stephanie) (Entered: 05/06/2008)
278 MOTION to Withdraw as Attorney by Defendants OS Restaurant Services, Inc., Outback Steakhouse of Florida, Inc.. (Attachments: # 1 Proposed Order (PDF Only))(Mueller, Stacy) (Entered: 05/12/2008)
279 MEMORANDUM regarding 278 MOTION to Withdraw as Attorney filed by OS Restaurant Services, Inc., Outback Steakhouse of Florida, Inc. Motion referred to Magistrate Judge Kristen L. Mix. Entered by Chief Judge Edward W. Nottingham on 5/12/08. (Text Only Entry − No Document Attached)(ewnsec, ) (Entered: 05/12/2008)
280 MINUTE ORDER granting Defendants' 278 Motion to Withdraw as Counsel of Record. Attorney Stacy Dian Mueller terminated, by Magistrate Judge Kristen L. Mix on 5/14/2008.(sss, ) (Entered: 05/14/2008)
281 TRANSCRIPT of Telephonic Motions Hearing held on 10−22−07 before Magistrate Judge Mix. Pages: 1−29. 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: 05/16/2008)

Case: 1:06-cv-1935 As of: 10/22/2017 10:29 AM MDT 28 of 37

05/30/2008 06/11/2008
06/11/2008 06/25/2008

282 NOTICE of Entry of Appearance by Gerald L. Maatman, Jr on behalf of all defendants (Maatman, Gerald) (Entered: 05/30/2008)
283 ORDER: EEOC's 267 Motion to Compel Discovery is GRANTED IN PART and HELD IN ABEYANCE IN PART as discussed in attached order. Hearing set for 7/8/2008 at 4:00 PM Courtroom C−204 regarding EEOC's Motion to Compel production of documents in response to EEOC's Request for Production No. 6. Signed by Magistrate Judge Kristen L. Mix on 6/11/2008.(sss, ) Modified on 6/11/2008 to correct typographical error (sss, ). (Entered: 06/11/2008)
284 Utility Setting/Resetting Deadlines/Hearings: Pursuant to order of 6/11/2008, Hearing set for 7/8/2008 at 04:00 PM in Courtroom C204 before Magistrate Judge Kristen L. Mix. Text only entry − no document attached. (sss, ) (Entered: 06/11/2008)
285 TRANSCRIPT of Telephonic Discovery Conference held on 10−4−07 before Magistrate Judge Mix. Pages: 1−16.

NOTICE − REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov.

06/30/2008 07/01/2008 07/08/2008
07/10/2008 07/10/2008 07/11/2008 07/14/2008
07/15/2008

Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. Release of Transcript Restriction set for 9/23/2008. (Avery Woods Reporting, ) (Entered: 06/25/2008)
286 NOTICE re 283 Order on Motion to Compel, Notice of Filing Privilege Log by Defendants OS Restaurant Services, Inc., Outback Steakhouse of Florida, Inc. (Attachments: # 1 Exhibit A)(Mandelson, Richard) Modified on 7/1/2008 to remove OS Restaurant Partners as filer (sss, ). (Entered: 06/30/2008)
287 Docket Annotation re: 286 Notice. Docket entry modified to remove OS Restaurant Partners as filer. Text only entry − no document attached. (sss, ) (Entered: 07/01/2008)
288 Minute Entry for proceedings held before Magistrate Judge Kristen L. Mix: Motion Hearing held on 7/8/2008. ORDERED: Plaintiff EEOC's 267 MOTION TO COMPEL DISCOVERY regarding Request for Production No. 6 is TAKEN UNDER ADVISEMENT. The Court will issue a written order in due course. Portion of the 283 Court Order discussed in attached minutes is SUSPENDED until further Order of the Court. (Court Reporter FTR − K. Finney.) (sss, ) (Entered: 07/09/2008)
289 Unopposed MOTION to Withdraw as Attorney by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order (PDF Only))(Randall, Jennifer) (Entered: 07/10/2008)
290 MEMORANDUM regarding 289 Unopposed MOTION to Withdraw as Attorney filed by Equal Employment Opportunity Commission. Motion referred to Magistrate Judge Kristen L. Mix. Entered by Chief Judge Edward W. Nottingham on 7/10/08.(Text Only Entry − No Document Attached) (ewnsec, ) (Entered: 07/10/2008)
291 MINUTE ORDER granting Plaintiff's 289 Unopposed Motion for Withdrawal. Attorney Jennifer Ann Randall terminated, by Magistrate Judge Kristen L. Mix on 7/11/2008.(ssssl, ) (Entered: 07/11/2008)
292 ORDER: EEOC's 267 Motion to Compel Discovery is granted in part, denied in part, and held in abeyance in part as discussed in attached order. On or before 8/8/2008, EEOC shall file a supplemental brief in support of motion to compel discovery. On or before 8/15/2008, Defendants may respond to EEOC's supplemental brief. No reply will be permitted. Signed by Magistrate Judge Kristen L. Mix on 7/14/2008.(sss, ) (Entered: 07/15/2008)
293 Unopposed MOTION For Extension of Time to Provide Responses to Plaintiff EEOC's Interrogatories Nos. 20 and 21 by Defendant Outback Steakhouse of Florida, Inc., OS Restaurant Services, Inc. (Attachments: # 1 Proposed Order (PDF

Case: 1:06-cv-1935 As of: 10/22/2017 10:29 AM MDT 29 of 37

07/15/2008 07/16/2008 07/16/2008 07/25/2008 08/12/2008 08/14/2008 08/20/2008 08/20/2008
08/20/2008 08/20/2008 08/29/2008 09/03/2008

Only))(Mandelson, Richard) Modified on 7/16/2008 to add filer (sss, ). (Entered: 07/15/2008)
294 MEMORANDUM regarding 293 Unopposed MOTION For Extension of Time to Provide Responses to Plaintiff EEOC's Interrogatories Nos. 20 and 21 filed by Outback Steakhouse of Florida, Inc. Motion referred to Magistrate Judge Kristen L. Mix. Entered by Chief Judge Edward W. Nottingham on 7/15/08. (Text Only Entry − No Document Attached)(ewncd) (Entered: 07/15/2008)
295 Docket Annotation re: 293 Unopposed MOTION For Extension of Time to Provide Responses to Plaintiff EEOC's Interrogatories Nos. 20 and 21. Docket entry modified to add filer. Text only entry − no document attached. (sss, ) (Entered: 07/16/2008)
296 MINUTE ORDER granting Defendants' 293 Unopposed Motion for Extension of Time to Provide Responses to Plaintiff EEOC's Interrogatories Nos. 20 and 21. Defendants shall submit their responses to Plaintiff EEOC on or before 9/2/2008, by Magistrate Judge Kristen L. Mix on 7/16/2008.(sss, ) (Entered: 07/17/2008)
297 MINUTE ORDER: A Motions Hearing is set for 8/21/2008 from 2:45 PM until 3:00 PM in Courtroom A201 before Chief Judge Edward W. Nottingham. Entered by Chief Judge Edward W. Nottingham on 7/25/08. (Text Only Entry − No Document Attached)(ewnsec, ) (Entered: 07/25/2008)
298 MINUTE ORDER denying the portion of Plaintiff EEOC's 267 Motion to Compel Discovery held in abeyance, by Magistrate Judge Kristen L. Mix on 8/12/2008.(sss, ) (Entered: 08/12/2008)
299 MOTION to Exclude Expert Witness Testimony 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 Deposition Excerpts Diamond, # 8 Deposition Excerpts Haworth, # 9 Deposition Excerpts Hyatt)(Struble, Stephanie) (Entered: 08/14/2008)
300 MINUTE ORDER: The Motions Hearing set for 8/21/2008 is VACATED. Enteredd by Chief Judge Edward W. Nottingham on 8/20/08. (Text Only Entry − No Document Attached)(ewnsec, ) (Entered: 08/20/2008)
301 ORDER and Memorandum of Decision denying defendant's 217 Motion for Summary Judgment Against EEOC; denying defendant's 220 Motion for Summary Judgment Against Intervenors; denying defendant's 247 Motion for Automatic Evidence Preclusion Regarding Exhibit 1 to the EEOC's Response to Motion for Summary Judgment; denying defendant's 253 Motion for Automatic Evidence Preclusion RegardingDeclarations Attached as Exhibits to the EEOC and Intervenors Responses toDefendants Motion for Summary Judgement. Defendants have 20 days to re−depose expert, Dr. Madden. Defendant's have 45 days to re−submit their motion(s) for summary judgment. Signed by Chief Judge Edward W. Nottingham on 8/20/08.(ecm, ) (Entered: 08/20/2008)
302 ORDER and Memorandum of Decision denying intervenor Altizer's 160 Motion for Reconsideration. The court clarifies that its 151 Order dismissing Ms. Altizer's claims is limited to her monetary claims. Signed by Chief Judge Edward W. Nottingham on 8/20/08.(ecm, ) (Entered: 08/20/2008)
303 ORDER and Memorandum of Decision denying 240 MOTION to Regarding Jury Trial Issues Raised at Parties' December 14, 2007 Preliminary Pretrial Conference. Signed by Chief Judge Edward W. Nottingham on 8/20/08.(ecm, ) (Entered: 08/20/2008)
304 MOTION for Extension of Time to File Response/Reply as to 299 MOTION to Exclude Expert Witness Testimony by Defendants OS Restaurant Services, Inc., Outback Steakhouse of Florida, Inc.. (Attachments: # 1 Proposed Order (PDF Only))(Mandelson, Richard) (Entered: 08/29/2008)
305 MINUTE ORDER granting 304 Motion for Extension of Time to File Response/Reply as to 299 Motion to Exclude Expert Witness Testimony. Defendants' shall file their Response to Plaintiff's Motion to Exclude Expert Witness Testimony no later than 9/30/2008. Entered by Chief Judge Edward W. Nottingham on 9/3/08. (Text Only Entry − No Document Attached)(ewnsec, ) (Entered: 09/03/2008)

Case: 1:06-cv-1935 As of: 10/22/2017 10:29 AM MDT 30 of 37

09/05/2008 09/22/2008

306 NOTICE of Entry of Appearance by David Bennet Ross on behalf of OS Restaurant Services, Inc., Outback Steakhouse of Florida, Inc. (Ross, David) (Entered: 09/05/2008)
307 TRANSCRIPT of Motions Hearing held on 7−8−08 before Magistrate Judge Mix. Pages: 1−45.

NOTICE − REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov.

09/30/2008 09/30/2008
10/08/2008 10/08/2008 10/09/2008 10/10/2008 10/22/2008
10/27/2008 12/09/2008

Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. Release of Transcript Restriction set for 12/22/2008. (Avery Woods Reporting, ) (Entered: 09/22/2008)
308 NOTICE of Entry of Appearance for John L. Collins by John L. Collins on behalf of all defendants (Collins, John) (Entered: 09/30/2008)
309 BRIEF in Opposition re 299 MOTION to Exclude Expert Witness Testimony of Dr. Charles A. Diamond filed by Defendants OS Restaurant Services, Inc., Outback Steakhouse of Florida, Inc.. (Attachments: # 1 Exhibit A Part 1, # 2 Exhibit A Part 2, # 3 Exhibit B, # 4 Pages Unpublished Case Part 1, # 5 Pages Unpublished Case − Part 2, # 6 Pages Unpublished Case, # 7 Pages Unpublished Case, # 8 Affidavit Declaration of Diamond, # 9 Exhibit 1, # 10 Exhibit 2, # 11 Exhibit 3, # 12 Exhibit 4, # 13 Exhibit 5)(Mandelson, Richard) (Entered: 09/30/2008)
310 NOTICE of Entry of Appearance by Mark J. Oberti on behalf of OS Restaurant Services, Inc., Outback Steakhouse of Florida, Inc. (Oberti, Mark) (Entered: 10/08/2008)
311 Unopposed MOTION for Extension of Time to File Response/Reply as to 299 Motion to Exclude The Expert Witness Testimony by Plaintiff Equal Employment Opportunity Commission. (Struble, Stephanie) Modified on 10/9/2008 to add linkage to Doc. 299 motion (sss, ). (Entered: 10/08/2008)
312 Docket Annotation re: Docket entry for 311 Unopposed MOTION for Extension of Time to File Response/Reply modified to add linkage to Doc. 299 motion. Text only entry − no document attached. (sss, ) (Entered: 10/09/2008)
313 MINUTE ORDER granting 311 Motion for Extension of Time to File Reply to 299 Motion to Exclude Expert Testimony of Dr. Diamond. Plaintiff's Reply to 299 Motion to Exclude Expert Testimony is due no later than 10/20/2008. Entered by Chief Judge Edward W. Nottingham on 10/10/08. (Text Only Entry − No Document Attached)(ewnsec, ) (Entered: 10/10/2008)
314 REASSIGNING JUDGE. This action is reassigned to Judge Christine M. Arguello, upon her appointment. All future pleadings should reference Judge Arguello at the end of the civil action number (such as 08−cv−00001−CMA). Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained and will now be handled by Judge Arguello in Courtroom A−602. Her chambers are located in Room A−638. Her telephone number is 303−335−2174. (Text only entry − no document attached) (gmssl, ) (Entered: 10/22/2008)
315 REPLY to Response to Motion re 299 MOTION to Exclude Expert Witness Testimony filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Struble, Stephanie) (Entered: 10/27/2008)
316 MINUTE ORDER, Proposed Pretrial Order due by 1/16/2009., Final Pretrial Conference set for 1/22/2009 09:30 AM in Courtroom C204 before Magistrate Judge Kristen L. Mix., by Magistrate Judge Kristen L. Mix on 12/9/08. (erv, ) (Entered: 12/10/2008)

Case: 1:06-cv-1935 As of: 10/22/2017 10:29 AM MDT 31 of 37

12/22/2008
01/07/2009 01/07/2009 01/08/2009 01/09/2009 01/09/2009 01/13/2009 01/22/2009
02/02/2009 02/03/2009 02/16/2009

317 MOTION to Exclude Expert Witness Testimony of Dr. Janice Madden by Defendants OS Restaurant Services, Inc., Outback Steakhouse of Florida, Inc.. (Attachments: # 1 Deposition Excerpts Madden Depo & Report, # 2 Affidavit Donovan, # 3 Exhibit Outback Management Guide, # 4 Deposition Excerpts Erickson Depo, # 5 Deposition Excerpts Flanagan Depo, # 6 Deposition Excerpts Brown Deposition, # 7 Deposition Excerpts Diamond Depo & Report, # 8 Deposition Excerpts Haworth Depo & Report, # 9 Exhibit Unpublished Case EEOC, # 10 Exhibit Unpublished Case Frazier, # 11 Exhibit Unpublished Case Jaynes, # 12 Exhibit Unpublished Case McWilliams, # 13 Exhibit Unpublished Case Ram, # 14 Exhibit Unpublished Case Williams, # 15 Proposed Order (PDF Only))(Mandelson, Richard) (Entered: 12/22/2008)
318 Joint MOTION to Continue Final Pretrial Conference by Defendants OS Restaurant Services, Inc., Outback Steakhouse of Florida, Inc., OS Restaurant Partners, Inc. and Intervenor Plaintiffs Jennifer Turner−Rieger, Heather Joffe, Albert Hoffman (Moore, Steven) (Modified on 1/8/2009 to add additional filers)(erv, ). (Entered: 01/07/2009)
319 MEMORANDUM regarding 318 Joint MOTION to Continue Final Pretrial Conference filed by OS Restaurant Services, Inc., OS Restaurant Partners, Inc., Outback Steakhouse of Florida, Inc. Motions referred to Magistrate Judge Kristen L. Mix, by Judge Christine M. Arguello on 1/7/09. (Text Only Entry − No Document Attached)(erv, ) (Entered: 01/07/2009)
320 MINUTE ORDER granting 318 Joint Motion to Reset the Final Pre−Trial Conference. Proposed Pretrial Order due by 2/23/2009. Final Pretrial Conference set for 3/2/2009 10:00 AM in Courtroom C204 before Magistrate Judge Kristen L. Mix. by Magistrate Judge Kristen L. Mix on 1/8/09.(erv, ) (Entered: 01/09/2009)
321 Unopposed MOTION for Extension of Time to File Response/Reply as to 317 MOTION to Exclude Expert Witness Testimony of Dr. Janice Madden by Plaintiff Equal Employment Opportunity Commission. (Struble, Stephanie) (Entered: 01/09/2009)
322 MEMORANDUM regarding 321 Unopposed MOTION for Extension of Time to File Response/Reply as to 317 MOTION to Exclude Expert Witness Testimony of Dr. Janice Madden filed by Equal Employment Opportunity Commission. Motions referred to Magistrate Judge Kristen L. Mix by Judge Christine M. Arguello on 1/9/09. (Text Only Entry − No Document Attached)(erv, ) (Entered: 01/09/2009)
323 ORDER granting 321 Plaintiff's Motion for Extension of Time to File Response to Defendants Motion to Exclude Testimony. Plaintiff shall have to and including January 22, 2009 within which to respond to Defendants Motion to Exclude the Expert Witness Testimony of Dr. Janice Madden. Signed by Judge Christine M. Arguello on 1/13/09.(erv, ) (Entered: 01/13/2009)
324 BRIEF in Opposition re 317 MOTION to Exclude Expert Witness Testimony of Dr. Janice Madden filed 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 Exhibit 13, # 14 Deposition Excerpts 30b6, # 15 Deposition Excerpts Brown, # 16 Deposition Excerpts Egly, # 17 Deposition Excerpts Flanagan, # 18 Deposition Excerpts Haworth, # 19 Deposition Excerpts Kadow, # 20 Deposition Excerpts Madden, # 21 Deposition Excerpts Rush)(Struble, Stephanie) (Entered: 01/22/2009)
325 Unopposed MOTION for Extension of Time to File Response/Reply as to 317 MOTION to Exclude Expert Witness Testimony of Dr. Janice Madden by Defendants OS Restaurant Services, Inc., Outback Steakhouse of Florida, Inc.. (Attachments: # 1 Proposed Order (PDF Only))(Mandelson, Richard) (Entered: 02/02/2009)
326 ORDER granting 325 Motion for Extension of Time to File in Support of Motion to Exclude Expert Witness Testimony by 02/16/09 by Judge Christine M. Arguello on 02/03/09.(jjh, ) (Entered: 02/03/2009)
327 REPLY to Response to Motion re 317 MOTION to Exclude Expert Witness Testimony of Dr. Janice Madden filed by Defendants OS Restaurant Services, Inc., Outback Steakhouse of Florida, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit

Case: 1:06-cv-1935 As of: 10/22/2017 10:29 AM MDT 32 of 37

02/19/2009 02/20/2009 02/20/2009 04/01/2009 04/07/2009 04/07/2009 04/07/2009 04/14/2009 04/15/2009 04/15/2009 04/15/2009 04/21/2009 04/21/2009

N)(Mandelson, Richard) (Entered: 02/16/2009)
328 Joint MOTION to Continue Final Pretrial Conference by Defendants OS Restaurant Services, Inc., Outback Steakhouse of Florida, Inc.. (Attachments: # 1 Proposed Order (PDF Only))(Mandelson, Richard) (Entered: 02/19/2009)
329 MEMORANDUM regarding 328 Joint MOTION to Continue Final Pretrial Conference filed by OS Restaurant Services, Inc., Outback Steakhouse of Florida, Inc.. Motions referred to Magistrate Judge Kristen L. Mix, by Judge Christine M. Arguello on 2/20/09. TEXT ONLY ENTRY − NO DOCUMENT ATTACHED(erv, ) (Entered: 02/20/2009)
330 MINUTE ORDER granting 328 Motion to Continue Final Pretrial Conference. Proposed Pretrial Order due by 4/1/2009. Final Pretrial Conference Reset for 4/7/2009 10:00 AM in Courtroom C204 before Magistrate Judge Kristen L. Mix. by Magistrate Judge Kristen L. Mix on 2/20/09.(erv, ) (Entered: 02/20/2009)
331 Proposed Pretrial Order by Intervenor Plaintiffs Heather Joffe, Jennifer Turner−Rieger, Albert Hoffman, Plaintiff Equal Employment Opportunity Commission, Defendants OS Restaurant Services, Inc., Outback Steakhouse of Florida, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B−1, # 3 Exhibit B−2, # 4 Exhibit C, # 5 Exhibit D)(Struble, Stephanie) (Entered: 04/01/2009)
332 ORDER Setting Status Conference for 4/21/2009 11:00 AM in Courtroom A 602 before Judge Christine M. Arguello. by Judge Christine M. Arguello on 4/7/09. (erv, ) (Entered: 04/07/2009)
333 Minute Entry for proceedings held before Magistrate Judge Kristen L. Mix: Final Pretrial Conference held on 4/7/2009. It is ORDERED: On or before APRIL 14, 2009, the parties shall jointly file a Supplement to Section 4 of the Final Pretrial Order setting forth all stipulations. (Court Reporter FTR Kathleen Finney.) (erv, ) (Entered: 04/07/2009)
334 PRETRIAL ORDER: EECO's 299 Motion to Exclude Witness Testimony, and OS Restaurant Services, Inc., and Outback Steakhouse Florida's 317 Motion to Exclude Witness Testimony of Dr. Janice Madden are pending before the court; Discovery has been completed; Trial to to a Jury estimated to last 10 days. by Magistrate Judge Kristen L. Mix on 4/7/09. (erv, ) (Entered: 04/07/2009)
335 UNOPPOSED MOTION For Extension of Time to File Stipulation of Facts by Defendant Outback Steakhouse of Florida, Inc., and OS Restaurant Services, Inc.,. (Moore, Steven) (Modified on 4/15/2009 added party filer and corrected the title of the text)(erv, ). (Entered: 04/14/2009)
336 MEMORANDUM regarding 335 Third Party MOTION For Extension of Time to File Stipulation of Facts filed by Outback Steakhouse of Florida, Inc. Motions referred to Magistrate Judge Kristen L. Mix by Judge Christine M. Arguello on 4/15/09. TEXT ONLY ENTRY − NO DOCUMENT ATTACHED(erv, ) (Entered: 04/15/2009)
337 Docket Annotation re: 335 Third Party MOTION For Extension of Time to File Stipulation of Facts, The Title of the text was edited to reflect that it is an UNOPPOSED Motion and added a party filer. It is NOT a Third Party filing) Text only entry − no document attached (erv, ) (Entered: 04/15/2009)
338 MINUTE ORDER granting 335 Defendants Unopposed Motion for Extension of Time to File Stipulation of Facts. The parties shall jointly file a Supplement to Section 4 of the Final Pretrial Order setting forth all stipulations of facts on or before 4/21/09 by Magistrate Judge Kristen L. Mix on 4/15/09.(erv, ) (Entered: 04/16/2009)
339 COURTROOM MINUTES − Minute Entry for proceedings held before Judge Christine M. Arguello: Status Conference held on 4/21/2009. ORDER:Counsel shall initiate a conference call with Chambers at (303) 335−2174 to schedule a half−day Daubert Hearing and 15−day jury trial. (Court Reporter Darlene Martinez) (cmacd) (Entered: 04/21/2009)
340 STIPULATION of Facts by Defendant Outback Steakhouse of Florida, Inc.. (Mandelson, Richard) (Entered: 04/21/2009)

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04/23/2009 04/23/2009 04/23/2009 04/24/2009

341 ORDER Three Week Jury Trial set for 1/19/2010 09:00 AM in Courtroom A 602 before Judge Christine M. Arguello. Trial Preparation Conference set for 12/18/2009 at 09:00 AM in Courtroom A 602 before Judge Christine M. Arguello. by Judge Christine M. Arguello on 4/23/09. (erv, ) (Entered: 04/23/2009)
342 OBJECTIONS to PLAINTIFFS' TRIAL EXHIBITS by Defendant Outback Steakhouse of Florida, Inc.. (Moore, Steven) (Entered: 04/23/2009)
343 Unopposed MOTION For Extension of Time to file objections to exhibit list by Intervenor Plaintiffs Heather Joffe, Jennifer Turner−Rieger, Albert Hoffman, Plaintiff Equal Employment Opportunity Commission. (Struble, Stephanie) (Entered: 04/23/2009)
344 TRANSCRIPT of Status Conference held on 4/21/09 before Judge Arguello. Pages: 1−18.

NOTICE − REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov.

04/27/2009 04/28/2009 04/30/2009 05/15/2009
05/22/2009 06/07/2009 06/09/2009 06/29/2009 07/08/2009

Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. Release of Transcript Restriction set for 7/23/2009. (Martinez, Darlene) (Entered: 04/24/2009)
345 ORDER granting 343 Plaintiffs Unopposed Motion for Extension of Time to Submit Objections to Defendants Exhibit List. Plaintiffs shall have to and including April 30, 2009 within which to file their Objections to Defendants Exhibit list. by Judge Christine M. Arguello on 4/27/09.(erv, ) (Entered: 04/27/2009)
346 MINUTE ORDER Daubert Hearing set for 7/2/2009 01:00 PM in Courtroom A 602 before Judge Christine M. Arguello. by Judge Christine M. Arguello on 4/28/09. (erv, ) (Entered: 04/29/2009)
347 OBJECTIONS to Defendants' Trial Exhibits by Intervenor Plaintiffs Heather Joffe, Jennifer Turner−Rieger, Albert Hoffman, Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A)(Struble, Stephanie) (Entered: 04/30/2009)
348 ORDER This matter is before the Court sua sponte. Because a conflict has arisen on this Courts docket, the Daubert Hearing in this matter currently set for July 2, 2009 is VACATED. Counsel are DIRECTED to confer and call Chambers (303−335−2174) via conference call, with their calendars available, no later than May 22, 2009, in order to reschedule this hearing. by Judge Christine M. Arguello on 5/15/09. (erv, ) (Entered: 05/18/2009)
349 ORDER. Pursuant to a telephone conference between counsel for the parties and Chambers staff, the Daubert hearing in this matter is RESET to 7/24/2009 at1:00 p.m. in Courtroom A602 by Judge Christine M. Arguello on 05/22/2009. (sah, ) (Entered: 05/26/2009)
350 MOTION to Withdraw as Attorney by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order (PDF Only))(Weeks, Nancy) (Entered: 06/07/2009)
351 ORDER granting 350 Motion to Withdraw as Attorn for EEOC. Attorney Nancy A. Weeks terminated by Judge Christine M. Arguello on 6/9/09.(erv, ) (Entered: 06/09/2009)
352 MOTION to Enforce Consent Decree, MOTION to Intervene as Plaintiffs Under Rule 24(A), 24(B), by Interested Parties Patrice Motsepe, Jonathan Lee Riches. (ebs, ) (Entered: 06/30/2009)
353 RESPONSE to 352 MOTION to Enforce MOTION to Intervene as Plaintiffs filed by Defendants OS Restaurant Services, Inc., Outback Steakhouse of Florida, Inc..

Case: 1:06-cv-1935 As of: 10/22/2017 10:29 AM MDT 34 of 37

07/16/2009 07/16/2009
07/16/2009 07/17/2009 07/20/2009 07/20/2009
07/20/2009 07/21/2009
07/23/2009 07/27/2009 07/27/2009 07/27/2009 07/29/2009 07/30/2009 08/06/2009

(Mandelson, Richard) (Entered: 07/08/2009)
354 Joint MOTION for Extension of Time to File Supplemental Briefs by Defendant Outback Steakhouse of Florida, Inc.. (Attachments: # 1 Exhibit)(Mandelson, Richard) (Entered: 07/16/2009)
355 ORDER granting in part and denying in part 354 Motion for Extension of Time by Judge Christine M. Arguello on 7/16/09. The parties shall have to and including July 20, 2009 within which to file their supplemental briefs for the Daubert evidentiary hearing.TEXT ONLY ENTRY − NO DOCUMENT ATTACHED (cmasec) (Entered: 07/16/2009)
356 MOTION for Leave to Appear by Video by Plaintiff Equal Employment Opportunity Commission. (Struble, Stephanie) (Entered: 07/16/2009)
357 RESPONSE to 356 MOTION for Leave to Appear by Video filed by Defendant Outback Steakhouse of Florida, Inc.. (Lee, Lawrence) (Entered: 07/17/2009)
358 REPLY to Response to 356 MOTION for Leave to Appear by Video filed by Plaintiff Equal Employment Opportunity Commission. (Struble, Stephanie) (Entered: 07/20/2009)
359 MINUTE ORDER granting 356 Motion for Leave to Appear by Judge Christine M. Arguello on 7/20/09. FURTHER ORDERED that Plaintiff's counsel shall contact the Automation Services Office of the U.S. District Court in Denver at 303−335−2020 no later than 7/22/09 to make arrangements for Dr. Presser to appear at the Daubert Hearing by video conference. TEXT ONLY ENTRY − NO DOCUMENT ATTACHED (cmasec) (Entered: 07/20/2009)
360 Joint MOTION to Reset Daubert Hearing by Plaintiff Equal Employment Opportunity Commission, Defendants OS Restaurant Services, Inc., Outback Steakhouse of Florida, Inc.. (Struble, Stephanie) (Entered: 07/20/2009)
361 ORDER granting 360 Motion to Reset Daubert hearing in this matter, currently set for July 24, 2009 at 1:00 p.m., is VACATED and will be continued. Counsel for all parties shall confer and contact Chambers via conference call (303−335− 2174) no later than August 7, 2009 to reset this hearing. by Judge Christine M. Arguello on 7/21/09.(erv, ) (Entered: 07/21/2009)
362 RESPONSE to 352 MOTION to Enforce MOTION to Intervene filed by Plaintiff Equal Employment Opportunity Commission. (Struble, Stephanie) (Entered: 07/23/2009)
363 MINUTE ORDER by Judge Christine M. Arguello on 7/27/09 DENYING 352 Motion to Enforce; DENYING 352 Motion to Intervene.TEXT ONLY ENTRY − NO DOCUMENT ATTACHED (cmacd) (Entered: 07/27/2009)
364 Mail Returned as Undeliverable re: 355 Order on Motion for Extension of Time, Addressed to Patrice Motsepe. (erv, ) (Entered: 07/27/2009)
365 NOTICE OF APPEAL as to 363 Order on Motion to Enforce, Order on Motion to Intervene by Interested Party Jonathan Lee Riches. Fee Status: Fee not paid; 1915 motion not filed. Notice mailed to all counsel on 07/29/09. (Attachments: # 1 Envelope)(bjrsl, ) (Entered: 07/29/2009)
366 LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the 365 Notice of Appeal, filed by Jonathan Lee Riches to the U.S. Court of Appeals. (Pro se; Fee not paid; 1915 motion not filed) (Attachments: # 1 Docket Sheet, # 2 Preliminary Record including Notice of Appeal)(bjrsl, ) (Entered: 07/29/2009)
367 USCA Case Number 09−1333 for 365 Notice of Appeal filed by Jonathan Lee Riches. District court will assess the appeal feesonce a motion for leave to proceed in forma pauperis is filed with them. (bjrsl, ) (Entered: 07/31/2009)
368 (STRICKEN)MINUTE ORDER Daubert Hearing set for 9/11/2009 08:30 AM in Courtroom A 602 before Judge Christine M. Arguello. by Judge Christine M. Arguello on 8/6/09. (erv, ) Modified on 8/31/2009 to STRIKE pursuant to the Order dated 08/31/2009 (sah, ). (Entered: 08/06/2009)

Case: 1:06-cv-1935 As of: 10/22/2017 10:29 AM MDT 35 of 37

08/11/2009 08/26/2009 08/26/2009 08/27/2009 08/31/2009 09/08/2009
09/08/2009
09/08/2009 09/09/2009 09/11/2009 09/15/2009
09/16/2009

369 ORDER to Cure Deficiency re 365 Notice of Appeal by Jonathan Riches, by Judge Christine M. Arguello on 08/11/09. Appellant has 30 days to either pay the filing fee or file a proper 1915 motion with district court.(bjrsl, ) (Entered: 08/12/2009)
370 TRANSFER ORDER. Case reassigned to Judge Robin J. Cauthron for all further proceedings. Judge Christine M. Arguello no longer assigned to case. By Chief Judge Wiley Y. Daniel on 08/26/2009. (sah, ) (Entered: 08/26/2009)
371 MOTION to Clarify re 303 Order on Motion for Miscellaneous Relief Regarding the Appropriate Phase of Trial for Punitive Damages Determinations by Defendant Outback Steakhouse of Florida, Inc.. (Attachments: # 1 Exhibit CRST, # 2 Exhibit McCormick, # 3 Exhibit United Airlines, # 4 Exhibit International Profit)(Moore, Steven) (Entered: 08/26/2009)
372 NOTICE of Entry of Appearance of Roger G. Trim by Roger G. Trim on behalf of OS Restaurant Services, Inc., Outback Steakhouse of Florida, Inc. (Trim, Roger) (Entered: 08/27/2009)
373 ORDER. The Daubert hearing set for 09/11/2009, is STRICKEN and reset for October 19 and 20, 2009. The supplemental briefs directed by Judge Arguello at the 04/21/2009, hearing are to be filed not later than 09/08/2009. Response briefs, if necessary, are to be filed not more than 18 days later. By Judge Robin J. Cauthron on 08/31/2009. (sah, ) (Entered: 08/31/2009)
374 SUPPLEMENT/AMENDMENT to 309 Brief in Opposition to Motion,, 327 Reply to Response to Motion, 317 MOTION to Exclude Expert Witness Testimony of Dr. Janice Madden for the October 19−20, 2009 Daubert Hearing by Defendants OS Restaurant Services, Inc., Outback Steakhouse of Florida, Inc.. (Attachments: # 1 Exhibit 04/21/09 Transcript, # 2 Exhibit Haworth Declaration, # 3 Exhibit Madden Deposition, # 4 Exhibit 10/12/07 Report, # 5 Exhibit Presser Deposition Excerpt, # 6 Exhibit Diamond Deposition Excerpt, # 7 Exhibit Unreported Case, # 8 Exhibit Unreported Case # 2)(Mandelson, Richard) (Entered: 09/08/2009)
375 SUPPLEMENT 324 Brief in Opposition to Motion,, 299 MOTION to Exclude Expert Witness Testimony , 315 Reply to Response to Motion, by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Deposition Excerpts Diamond, # 2 Appendix Gutierrez v. Johnson & Johnson, # 3 Appendix US v. Pasadena, # 4 Appendix Resource Manual on Scientific Evid. 83, # 5 Appendix Resource Manual on Scientific Evidence, 229, # 6 Appendix Bloom−Killingsworth article, # 7 Appendix Gastwirth article, # 8 Appendix Gilmartin article, # 9 Appendix Converse & Presser, # 10 Appendix Spector (excerpts), # 11 Appendix Testing Standards (excerpts))(Kittle, Rita) Modified on 9/9/2009 to correct the title of the document to read as a Supplement instead of a Motion (sah, ). (Entered: 09/08/2009)
377 MANDATE of USCA as to 365 Notice of Appeal, filed by Jonathan Lee Riches : The appeal is dismissed for failure to prosecute. Filing fee was not paid. (USCA Case No. 09−1333) (Attachments: # 1 USCA Order)(bjr, ) (Entered: 09/10/2009)
376 Docket Annotation re: 375 MOTION to Supplement 324 Brief in Opposition to Motion,, 299 MOTION to Exclude Expert Witness Testimony, 315 Reply to Response to Motion. Entry modified on 9/9/2009 to correct the title of the document to read as a Su pplement instead of a Motion. Text only entry − no document attached (sah, ) (Entered: 09/09/2009)
378 TRANSFER ORDER. Case reassigned to Judge Christine M. Arguello for all further proceedings. Judge Robin J. Cauthron no longer assigned to case. By Chief Judge Wiley Y. Daniel on 09/11/2009. (sah, ) (Entered: 09/11/2009)
379 BRIEF in Opposition to 371 MOTION to Clarify re 303 Order on Motion for Miscellaneous Relief Regarding the Appropriate Phase of Trial for Punitive Damages Determinations MOTION to Clarify re 303 Order on Motion for Miscellaneous Relief Regarding the Appropriate Phase of Trial for Punitive Damages Determinations filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Appendix Barefield v. Chevron, # 2 Appendix Butler v. Home Depot, # 3 Appendix EEOC v. Les Schwab)(Kittle, Rita) (Entered: 09/15/2009)
380 ORDER Daubert Hearing set for 10/19/2009 01:00 PM in Courtroom A 602 before Judge Christine M. Arguello. FURTHER ORDERED that the Final Trial Preparation

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09/18/2009 09/25/2009
09/30/2009
10/15/2009 10/16/2009
11/09/2009 11/16/2009 11/17/2009 11/17/2009 11/30/2009 12/14/2009 12/14/2009 12/17/2009
12/23/2009

Conference set for December 18, 2009 at 9:00 a.m. and the three−week Jury Trial set to commence January 19, 2010 at 9:00 a.m. also remain on the docket of Judge Arguello. by Judge Christine M. Arguello on 9/16/09. (erv, ) (Entered: 09/16/2009)
381 MOTION to Withdraw as Attorney of Record by Defendant Outback Steakhouse of Florida, Inc.. (Lee, Lawrence) (Entered: 09/18/2009)
382 ORDER granting 381 Motion to Withdraw as Attorney. Attorney Lawrence L. Lee terminated as counsel of record for Defendants. The Court notes that Richard Mandelson, Steven Moore and Roger Trim will remain as counsel of record for Defendants. By Judge Christine M. Arguello on 9/25/09. TEXT ONLY ENTRY − NO DOCUMENT ATTACHED (cmasec) (Entered: 09/25/2009)
383 REPLY to Response to 371 MOTION to Clarify re 303 Order on Motion for Miscellaneous Relief Regarding the Appropriate Phase of Trial for Punitive Damages Determinations filed by Defendant Outback Steakhouse of Florida, Inc.. (Attachments: # 1 Exhibit Unreported Cases)(Mandelson, Richard) Modified on 10/1/2009 removed system generated duplicate text. (sah2, ). (Entered: 09/30/2009)
384 Joint MOTION to Stay the Action and Vacate Daubert Hearing by Defendant Outback Steakhouse of Florida, Inc.. (Moore, Steven) (Entered: 10/15/2009)
385 MINUTE ORDER granting 384 Joint Motion to Stay the Action and Vacate Daubert Hearing. The two−day Daubert Hearing currently set for 10/19/2009 at 1:00 p.m. is VACATED. The Final Trial Preparation Conference set for 12/18/2009, at 9:00 a.m. and the three−week jury trial set for 01/18/2010 at 9:00 a.m. are VACATED. The Final Trial Preparation Conference set for December 18, 2009, at 9:00 a.m. and the three−week jury trial set for January 18, 2010, at 9:00 a.m. are VACATED. By Judge Christine M. Arguello on 10/16/2009.(sah, ) (Entered: 10/16/2009)
386 Mail Returned as Undeliverable re: 385 Order on Motion to Stay,, Addressed to Patrice Motsepe. (erv, ) (Entered: 11/10/2009)
387 MOTION for Extension of Time to Extend Time To File Settlement Papers by Defendants OS Restaurant Services, Inc., Outback Steakhouse of Florida, Inc.. (Maatman, Gerald) (Entered: 11/16/2009)
388 MINUTE ORDER granting 387 Motion for Extension of Time. The parties shall file settlement papers with the Court on or before December 14, 2009. By Judge Christine M. Arguello on 11/17/09. TEXT ONLY ENTRY − NO DOCUMENT ATTACHED (cmasec) (Entered: 11/17/2009)
389 Utility Setting/Resetting Deadlines/Hearings: Dismissal Paper due by 12/14/2009, pursuant to the minute order of 11/17/09. TEXT ONLY ENTRY − NO DOCUMENT ATTACHED (gmssl, ) (Entered: 11/23/2009)
390 Mail Returned as Undeliverable re: 388 Order on Motion for Extension of Time Addressed to Patrice Motsepe. (erv, ) (Entered: 12/01/2009)
391 MOTION for Extension of Time to File Consent Decree (Opposed) by Defendant Outback Steakhouse of Florida, Inc.. (Mandelson, Richard) (Entered: 12/14/2009)
392 BRIEF in Opposition to 391 MOTION for Extension of Time to File Consent Decree (Opposed) and EEOC's Request for Court−Ordered Settlement Conference filed by Plaintiff Equal Employment Opportunity Commission. (Kittle, Rita) (Entered: 12/14/2009)
393 ORDER granting 391 Motion for Extension of Time. Defendants shall have to and including 12/23/09 within which to file a Consent Decree in the above−referenced action. FURTHER ORDERED that no further extensions of time will be granted without a status conference before this Court. SO ORDERED by Judge Christine M. Arguello on 12/17/09. TEXT ONLY ENTRY − NO DOCUMENT ATTACHED (cmasec) (Entered: 12/17/2009)
394 Joint MOTION for Order to Enter Consent Decree, Joint MOTION to Seal Exhibit A to Consent Decree by Intervenor Plaintiffs Heather Joffe, Jennifer Turner−Rieger, Albert Hoffman, Plaintiff Equal Employment Opportunity Commission, Defendants OS Restaurant Services, Inc., Outback Steakhouse of Florida, Inc.. (Struble, Stephanie)

Case: 1:06-cv-1935 As of: 10/22/2017 10:29 AM MDT 37 of 37

12/29/2009
12/29/2009 12/29/2009 01/11/2010 01/11/2010

(Entered: 12/23/2009)
395 MINUTE ORDER granting 394 Joint Motion for Order Approving Consent Decree; and granting 394 Motion to Seal Exhibit "A". It is therefore ORDERED that the Consent Decree is hereby APPROVED and ENTERED. It is FURTHER ORDERED that Exhibit A thereto is SEALED. by Judge Christine M. Arguello on 12/29/09.(erv, ) (Entered: 12/29/2009)
396 CONSENT DECREE for the Plaintiff and against Defendants by Judge Christine M. Arguello on 12/29/09. (erv, ) (Entered: 12/29/2009)
397 SEALED DOCUMENT Exhibit A to 396 Consent Decree. (erv, ) (Entered: 12/29/2009)
398 Mail Returned as Undeliverable re: 393 Order on Motion for Extension of Time, Addressed to Patrice Motsepe. (erv, ) (Entered: 01/12/2010)
399 Mail Returned as Undeliverable re: 395 Order on Motion for Order,, Order on Motion to Seal, Addressed to Patrice Motsepe. (erv, ) (Entered: 01/12/2010)