IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

GREAT STEAKS, INC. and CLIPPER

)

SEAFOOD RESTAURANT, INC. d/b/a )

AUSTIN'S RESTAURANT

)

)

Defendant.

)

---------------------------)

CIVIL ACTION NO.
COMPLAINT JURY TRIAL DEMAND
1:05C- V0074lf

NATURE OF THE ACTION
ThiS IS an actIon under Title vrr of the CivIl Rights Act of 1964 and TIlle 1of the CIVIl
Rights Act of 1991, to correct unlawful employment practices on the baSIS of sex, and to provide appropnate relief to Dorathy Carter and other smlliarly situated female employees who were adversely affected by the practices As alleged With greater partlculanty below, the CommissIOn alleges that Defendants Great Steaks, Inc and ClIpper Seafood Restaurant, Inc d/b/a Austill's Restaurant ("Defendants"), dlscnmlllated agalllst Dorathy Carter and other slrmlarly sIluated female employees by subJectlllg them to a sexually hostIle work environment The Comrmsslon further alleges that as a result of the sexual harassment, the condItIOns of employment for some of the aggneved mdlvlduals were made so mtolerable that they were forced to resign

Case 1:05-cv-00744-NCT-RAE Document 1 Filed 08/26/2005 Page 1 of 6

JURISDICTION AND VENUE

1

JunsdlctlOn of this Court IS Invoked pursuant to 28 USC §§ 451,1331,1337,

1343 and 1345 ThiS actIOn IS authonzed and Instituted pursuant to SectIOn 706( f)( I) and (3) and

707 of Title VII of the CIVil RIghts Act of 1964, as amended. 42 USC §2000e-5(f)(I) and (3)

and -6 ("Title VU"), and Seclton 102 of the CIVil Rights Act of 1991, 42 USC § 1981 a

2

The employment pracltces alleged to be unlawful were committed wltlun the

JunsdlctlOn of the Untted States Dlstnct Court for the Middle Dlstnct of North CarolIna

PARTIES

3

Plamtlff, the Equal Employment Opportllntty CommIssion (the "CommissIOn"),

IS the agency of the Untted States of Amenca charged wIth the admllllstratlOn, InterpretatIOn and

enforcement of Tttle VII of the CIVil Rights Act and IS expressly authonzed to bnng thiS action by

Sectlons 706(f)(I) and (3) and 707 ofTltle VII, 42 USC §2000e-5(f)(\) and (3) and-6

4

At all relevant times, Defendant Great Steaks, Inc has conttnuously been a North

Caroltna corporation dotng bustness m the State of North Carolma and the City of Greensboro and

has conttnuously had at least fifteen employees

5

At all relevant times, Defendant Great Steaks. Inc has contmuously been an

employer engaged man mdustry affecttng commerce under Sections 701(b), (g) and (h) of Title

VII, 42 USC §§ 2000e(b), (g) and (h)

6

At all relevant times, Defendant Clipper Seafood Restaurant, Inc has conttnuously

been a North CarolIna corporation dotng busmess tn the State of North Carohna and the City of

High Pomt and has contmuollsly had at least fifteen employees

2

Case 1:05-cv-00744-NCT-RAE Document 1 Filed 08/26/2005 Page 2 of 6

7

At all relevant times, Defendant ClIpper Seafood Restaurant, lnc has contmuously

been an employer engaged In an mdustry affectIng commerce under Sechons 701 (b), (g) and (h)

ofTltle VD, 42 USC §§ 2000e(b), (g) and (h)

8

On InfOmlatlOn and belief, Defendants Great Steaks, lnc and Clipper Seafood

Restaurant,lnc ,JOIntly operate Austm's Restaurant facilities 111 Greensboro, North Carol1l1a and

High Pomt, North Carolma as Jomt employers and/or as an mtegrated bus mess enterpnse

STATEMENT OF CLAIMS

9

More than thIrty days pnor to the IllStitutlon of thIs lawsUIt, Dorathy Carter filed a

charge WIth the CommIssIOn allegmg VIOlatIons of TItle VU by Defendants All condItIOns

precedent to the 1I1stltutiOn of thIs laWSUIt have been fulfilled

10 SInce at least August 2004, Defendants have engaged m unlawful employment

practices at their faCIlitIeS located m Greensboro, North CarolIna, and High Pomt, North Carolina,

In VIolatIOn of SectIOn 703(a)(I) and 707 ofTltle VII, 42 USC § 2000e-2(a)(I) and-6

SpecIfically, Defendants subjected Dorathy Carter and other SImIlarly sItuated female employees

to a sexually hostIle work envIronment based on theIr sex, female The sexual harassment

mcluded unwelcome sexual touchIng and sexual comments by Defendants' male owner As a

result of the sexual harassment, the condItIOns of employment for some of the aggneved women

were made so Intolerable that they were forced to resIgn

11 The effect of the practIces complaIned of m paragraph 10 above has been to

deprIve Dorathy Carter and other SImIlarly situated female employees of equal employment

opportunItIes and otherwIse adversely affect theIr status as employees because of theIr sex,

female

3

Case 1:05-cv-00744-NCT-RAE Document 1 Filed 08/26/2005 Page 3 of 6

12 The unlawful employment practices complaIned of In paragraph 10 above were IntentIOnal
13 The unlawful employment practices complaIned of In paragraph 10 above were done with malice or with reckless Indifference to the federally protected nghts of Dorathy Carter and other similarly situated female employees
PRAYER FOR REUEF Wherefore, the CommiSSion respectfully requests that thiS Court A Grant a permanent injunction enJOImng Defendants, their officers, successors, assigns, and all persons In active concert or participation With them, from sexual harassment or any other employment practIce that dlscnmInates on the baSIS of sex B Order Defendants to institute and carry Ollt polICies, practices, and programs that proVide equal employment opportunIties fOT women and which eradIcate the effects ofthelT past and present unlawful employment practices C Order Defendants to make whole female employees who were forced to resign as alleged In paragraph 10 above, by proViding appropnate back pay With prejudgment Interest, In amounts to be determined at tnal, and other affirmatIve rehef necessary to eradicate the effects of thelT unlawful employment practices, IncludIng but not hmlted to reinstatement D Order Defendants to make whole Dorathy Carter and other Similarly situated female employees by proViding compensation for past and future pecumary losses resulting from the unlawful practIces complaIned of In paragraph 10 above, IncludIng but not lImIted to medical expenses, In amounts to be determIned at tnal
4
Case 1:05-cv-00744-NCT-RAE Document 1 Filed 08/26/2005 Page 4 of 6

E Order Defendants to make whole Dorathy Carter and other similarly situated

female employees by providing compensation for past and future non-pecul1lary losses resultmg

from the unlawful practices complained of In paragraph 10 above, including but not IlImted to

emotional pain, suffenng, Inconvel1lence, Joss of enjoyment of ilfe, humiliatIOn, and loss of civil

nghts In amounts to be determmed at tnal

F

Order Defendants to pay Dorathy Carter and other similarly situated female

employees pUl1ltlve damages for their mailclous and reckless conduct, as descnbed In paragraph

10 above, m amounts to be determined at tnal

G Grant such further rehef as the Court deems necessary and proper m the pubhc

mterest

H Award the ComrmsslOn ItS costs of this action

JURy TRIAL DEMAND

The CommisSion requests aJury tnal on all questions of fact ral~ed by liS complamt

-\"Y'
DATED tlus 2.(.. day of August, 2005
Respectfully submitted, ERIC S DREIBAND General Counsel JAMES L LEE Deputy General Counsel
5
Case 1:05-cv-00744-NCT-RAE Document 1 Filed 08/26/2005 Page 5 of 6

GWENDOLYN YOUNG REAMS Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, N W Washington, D C 20507

L~'IA+r~ A &.vu.o

L~TTE A BARNES

~ 2GrYt-

Acting Regional Attorney

EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION

Charlotte Dlstnct Office

129 West Trade Street, Suite 400

Charlotte, North CarolIna 28202

~G ffiiOfu-- rf) Selllor Tnal Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Raleigh Area Office 1309 Armapolls Dnve Raleigh, North Carolma 27608 Telephone 919 856 4080 FacsimIle 919 856 4156
ATTORNEYS FOR PLAINTIFF

6 Case 1:05-cv-00744-NCT-RAE Document 1 Filed 08/26/2005 Page 6 of 6

 
 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, v. GREAT STEAKS, INC.,
Defendant.

) ) ) ) ) ) 1:05CV00744 ) ) ) )

ORDER BEATY, Chief District Judge.
On April 29, 2008, the United States Magistrate Judge’s Recommendation [Document #54] was filed and notice was served on the parties pursuant to 28 U.S.C. § 636(b). Defendant subsequently filed timely Objections to the Recommendation. The Court has now reviewed the Objections and the portions of the Recommendation to which objection was made, and has made a de novo determination in accord with the substance of the United States Magistrate Judge’s rulings. In addition, the Court notes that Defendant has filed a Request for Oral Argument [Document #58]. However, the Court has thoroughly reviewed the Recommendation, the Objections, the Response to the Objections, and the record, and has determined that oral argument in this matter is neither warranted nor necessary for determination of this matter. The Magistrate Judge’s Recommendation [Document #54] is therefore affirmed and adopted and Defendant’s Request for Oral Argument will be denied.
IT IS THEREFORE ORDERED that, for the reasons set forth in the Recommendation, Defendant’s Motion for Summary Judgment [Document #34] is DENIED and Plaintiff’s

Case 1:05-cv-00744-JAB-WWD Document 60 Filed 09/08/08 Page 1 of 2

Motion to Strike Reply Affidavit of John Pantazis [Document #47] is GRANTED.1 IT IS FURTHER ORDERED that Defendant’s Request for Oral Argument [Document #58] is DENIED. This, the 8th day of September, 2008.
/s/Honorable James A. Beaty, Jr. Chief United States District Judge
1 With respect to the Motion to Strike, the Court notes that in adopting the Recommendation this Order strikes the Reply Affidavit of John Pantazis only as it pertains to this Court’s consideration of Defendant’s Motion for Summary Judgment. However, any determination as to admissibility or evidentiary value at trial of the Reply Affidavit is left for consideration at the trial of this matter.
Case 1:05-cv-00744-JAB-WWD Document 60 Filed 09/08/08 Page 2 of 2

 
 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION

)

)

Plaintiff, )

v.

)

)

GREAT STEAKS, INC. and CLIPPER )

SEAFOOD RESTAURANT, INC.

)

d/b/a AUSTIN’S RESTAURANT

)

)

Defendant. )

)

1:05CV744

ORDER

BEATY, Chief District Judge.

This matter is currently before the Court on a Motion for Attorney’s Fees [Doc. #111]

filed by Defendant Great Steaks, Inc. (“Defendant”) against Plaintiff U.S. Equal Employment

Opportunity Commission (“Plaintiff”). This civil action came before the Court for a trial by jury

during a session of court beginning October 5, 2009. The jury returned a verdict on October

7, 2009 in favor of Defendant, finding no liability for sexual harassment under Title VII of the

Civil Rights Acts of 1964 and 1991 (“Title VII”), and the Court entered an Order and Judgment

dismissing all claims against Defendant.

In its Motion for Attorney’s Fees, Defendant contends that it is entitled to an award of

attorney’s fees pursuant to 42 U.S.C. § 2000e-5(k), and 28 U.S.C. §§ 1927 & 2412(b). In relevant

part, 42 U.S.C. § 2000e-5(k) provides that “the court, in its discretion, may allow the prevailing

party . . . a reasonable attorney’s fee . . . , and the Commission and the United States shall be

liable for costs the same as a private person.” The Supreme Court has interpreted this language

Case 1:05-cv-00744-JAB-WWD Document 121 Filed 06/02/10 Page 1 of 5

to permit the Court to award attorney’s fees to a prevailing party if the Court finds that an action was “frivolous, unreasonable, or without foundation, even though not brought in subjective bad faith.” Christiansburg Garment Co. v. Equal Employment Opportunity Commission, 434 U.S. 412, 421, 98 S. Ct. 694, 700, 54 L. Ed. 648 (1978). In making these determinations, “[t]he fixing of attorneys’ fees is peculiarly within the province of the trial judge, who is on the scene and able to assess the oftentimes minute considerations which weigh in the initiation of a legal action.” Arnold v. Burger King Corp., 719 F.2d 63, 65 (4th Cir. 1983).
Defendant argues that Plaintiff “should have seen that its case was frivolous, unreasonable, and lacked foundation” on account of various developments that took place prior to and during trial, including that a former defendant, Clipper Seafood, was dismissed from the case, that several of Plaintiff’s initial class members withdrew from the suit, and that the testimony at trial provided by Plaintiff’s witness was not accepted by the jury. However, the Court notes that this matter survived Defendant’s motions for summary judgment and judgment as a matter of law pursuant to Federal Rule of Civil Procedure 50. Further, the issue of whether Defendant committed a violation of Title VII was ultimately submitted to the jury, which returned a verdict in favor of Defendant. Although the jury’s verdict suggests that it may not have accepted the evidence or testimony offered by Plaintiff , the Court finds nonetheless that Plaintiff’s case raised justiciable issues of fact that were proper for consideration and decision by the jury. A court may not award attorney’s fees to a defendant “solely because the plaintiff did not ultimately prevail on the merits of the lawsuit. Since the results of many lawsuits are not predictable, plaintiffs are not to be discouraged from bringing suit just because it is less than
2
Case 1:05-cv-00744-JAB-WWD Document 121 Filed 06/02/10 Page 2 of 5

airtight.” Glymph v. Spartanburg Gen. Hosp., 783 F.2d 476, 479 (4th Cir. 1986) (citing Christiansburg Garment, 434 U.S. at 422, 98 S. Ct. at 700). Therefore, the Court does not find that considering the standards laid out above, the claims asserted by Plaintiff were frivolous, unreasonable, or without foundation.
In addition, Defendant also seeks an award of attorneys’ fees pursuant to 28 U.S.C. § 1927, which provides that “[a]ny attorney or other person admitted to conduct cases in any court of the United States or any Territory thereof who so multiplies the proceedings in any case unreasonably and vexatiously may be required by the court to satisfy personally the excess costs, expenses, and attorneys’ fees reasonably incurred because of such conduct.” This section “imposes a continuing obligation in the conduct of litigation,” and “requires a finding of counsel’s bad faith as a precondition to the imposition of fees.” Brubaker v. City of Richmond, 943 F.2d 1363, 1382 n.25 (4th Cir. 1991) (citing Blair v. Shenandoah Women’s Center, Inc., 757 F.2d 1435, 1438 (4th Cir. 1985)). Here, Defendant argues that Plaintiff’s counsel acted in bad faith and vexatiously multiplied the proceedings through its motions practice and by proceeding to trial with only one class member remaining. However, § 1927 must be construed narrowly by the courts, since it is penal in nature, “so as not to stifle the enthusiasm or chill the creativity that is the very lifeblood of the law.” Mone v. C.I.R., 774 F.2d 570, 574 (2d Cir. 1985); see, e.g., Monk v. Roadway Express, Inc., 599 F.2d 1378, 1382 (5th Cir.1979), aff’d, Roadway Express, Inc. v. Piper, 447 U.S. 752, 100 S. Ct. 2455, 65 L. Ed.2d 488 (1980); United States v. Ross, 535 F.2d 346, 350 (6th Cir. 1976). The Court, having presided over the proceedings throughout the course of the present action, does not find that Plaintiff’s counsel has engaged
3
Case 1:05-cv-00744-JAB-WWD Document 121 Filed 06/02/10 Page 3 of 5

in bad faith conduct or vexatiously multiplied the proceedings at any point during the litigation of this matter.
Finally, Defendant claims that an award of attorney’s fees is proper pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412, on the grounds that Plaintiff’s position was not substantially justified. The EAJA provides that “a court shall award to a prevailing party other than the United States fees and other expenses incurred by that party in any civil action . . . brought by or against the United States . . . unless the court finds that the position of the United States was substantially justified[.]” 28 U.S.C. § 2412(d)(1). A position is “substantially justified” if it is “justified in substance or in the main-that is, justified to a degree that could satisfy a reasonable person.” Morris v. Wachovia Securities, Inc., 448 F.3d 268, 279 (4th Cir. 2006)(quoting Pierce v. Underwood, 487 U.S. 552, 565, 108 S. Ct. 2541, 2550, 101 L. Ed. 2d 490 (1988)). Again, in support of its claim, Defendant maintains that Plaintiff’s position was not substantially justified on the grounds that Plaintiff proceeded to trial with only one claimant and that the jury did not accept the testimony provided by Plaintiff’s witness at trial. The Court notes that although Plaintiff did not prevail at trial, this matter reached the jury on the issue of Defendant’s Title VII liability, surviving dispositive motions at each preceding stage. The Court finds that Plaintiff’s position in this case was substantially justified, in that a reasonable person would be satisfied by Plaintiff’s position, namely that Defendant would have been liable for violating Title VII had the issues of fact in question been resolved in favor of Plaintiff by the jury. For these reasons, the Court concludes that Plaintiff had a “substantial justification” for its position in this case. Therefore, Defendant’s Motion for Attorney’s Fees
4
Case 1:05-cv-00744-JAB-WWD Document 121 Filed 06/02/10 Page 4 of 5

will be denied. For the reasons set forth above, IT IS ORDERED that Defendant’s Motion for
Attorney’s Fees [Doc. #111] is DENIED. This, the 2nd day of June, 2010. United States District Judge
5 Case 1:05-cv-00744-JAB-WWD Document 121 Filed 06/02/10 Page 5 of 5

 
 18RA,CASREF,MEDIATION,SO30,TRIAL
U.S. District Court North Carolina Middle District (NCMD) CIVIL DOCKET FOR CASE #: 1:05−cv−00744−JAB−WWD

EQUAL EMPLOYMENT OPPORTUNITY COMISSION v. GREAT STEAKS, INC.,et, al Assigned to: JUDGE JAMES A. BEATY, JR Referred to: MAG/JUDGE WALLACE W. DIXON Case in other court: USCA, 10−01756 Cause: 42:2000 Job Discrimination (Sex)
Plaintiff

Date Filed: 08/26/2005 Date Terminated: 10/07/2009 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

represented by ZOE GABRIELE MAHOOD EQUAL EMPLOYMENT OPPORTUNITY COMM. 1309 ANNAPOLIS DR. RALEIGH, NC 27608−2129 919−856−4080 Fax: 919−856−4156 Email: zoe.mahood@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

ERIC S. DREIBAND JONES DAY 51 LOUISIANA AVE., N.W. WASHINGTON, DC 20001 202−879−3720 Fax: 202−626−1700 Email: esdreiband@jonesday.com ATTORNEY TO BE NOTICED

GWENDOLYN YOUNG REAMS EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L ST., N.W. WASHINGTON, DC 20507 202−263−4771 ATTORNEY TO BE NOTICED

JAMES L. LEE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L ST., N.W. WASHINGTON, DC 20507 202−263−4771 ATTORNEY TO BE NOTICED

KATHERINE ABIGAIL ZIMMERMAN EQUAL EMPLOYMENT OPPORTUNITY COMM. 434 FAYETTVILLE STREET, SUITE 700 RALEIGH, NC 27601−1701 919−856−4148 Fax: 919−856−4156 Email: katherine.zimmerman@eeoc.gov ATTORNEY TO BE NOTICED

LYNETTE A. BARNES EQUAL EMPLOYMENT

Case: 1:05-cv-744 document<docnum> filed <datefiled> 1 of 13

OPPORTUNITY COMMISSION 129 W. TRADE ST., STE. 400 CHARLOTTE, NC 28202 704−344−6878 Fax: 704−344−6780 Email: lynette.barnes@eeoc.gov ATTORNEY TO BE NOTICED

V. Defendant GREAT STEAKS, INC.
Defendant CLIPPER SEAFOOD RESTAURANT, INC. d/b/a AUSTIN'S RESTAURANT TERMINATED: 12/21/2006

represented by FRED T. HAMLET POB 29246 GREENSBORO, NC 27429−9246 336−378−9751 Fax: 336−378−9968 Email: hamletatty@earthlink.net ATTORNEY TO BE NOTICED
represented by FRED T. HAMLET (See above for address) ATTORNEY TO BE NOTICED

Date Filed 08/26/2005 08/26/2005 08/26/2005 11/03/2005 12/05/2005 12/05/2005
12/05/2005
12/05/2005 12/27/2005 12/27/2005

# Docket Text
1 COMPLAINT against GREAT STEAKS, INC., CLIPPER SEAFOOD RESTAURANT, INC. , filed by EQUAL EMPLOYMENT OPPORTUNITY COMISSION.(McClain, Abby) (Entered: 08/29/2005)
2 CIVIL COVER SHEET, filed by EQUAL EMPLOYMENT OPPORTUNITY COMISSION.(McClain, Abby) (Entered: 08/29/2005)
CASE REFERRED to Standing Order 30 (McClain, Abby) (Entered: 08/29/2005)
3 Summons Issued as to Registered Agent for GREAT STEAKS, INC., Registered Agent for CLIPPER SEAFOOD RESTAURANT, INC. (Wilson, JoAnne) (Entered: 11/04/2005)
4 MOTION to Dismiss by GREAT STEAKS, INC., CLIPPER SEAFOOD RESTAURANT, INC.. Responses due by 12/28/2005 (HAMLET, FRED) (Entered: 12/05/2005)
5 Defendants' BRIEF re 4 MOTION to Dismiss Complaint by Defendants GREAT STEAKS, INC., CLIPPER SEAFOOD RESTAURANT, INC., GREAT STEAKS, INC., CLIPPER SEAFOOD RESTAURANT, INC. filed by GREAT STEAKS, INC., CLIPPER SEAFOOD RESTAURANT, INC., GREAT STEAKS, INC., CLIPPER SEAFOOD RESTAURANT, INC.. (HAMLET, FRED) (Entered: 12/05/2005)
6 AFFIDAVIT of Bessie Pantazis re 5 Brief, in Support of Motion to Dismiss filed by Defendants GREAT STEAKS, INC., CLIPPER SEAFOOD RESTAURANT, INC. (HAMLET, FRED) Modified on 12/6/2005 Substituting Affidavit to include attachments (Wilson, JoAnne). (Entered: 12/05/2005)
7 ANSWER to Complaint by GREAT STEAKS, INC., CLIPPER SEAFOOD RESTAURANT, INC..(HAMLET, FRED) (Entered: 12/05/2005)
8 RESPONSE in Opposition re 4 MOTION to Dismiss filed by EQUAL EMPLOYMENT OPPORTUNITY COMISSION. Replies due by 1/7/2006. (MAHOOD, ZOE) (Entered: 12/27/2005)
9 AFFIDAVIT in Opposition re 4 MOTION to Dismiss filed by EQUAL EMPLOYMENT OPPORTUNITY COMISSION. Replies due by 1/7/2006. (Attachments: # 1 Exhibit Attachment A to Affidavit of Thomas Colclough# 2 Exhibit

Case: 1:05-cv-744 document<docnum> filed <datefiled> 2 of 13

01/11/2006 01/11/2006 01/12/2006 01/12/2006 01/12/2006 01/18/2006 01/26/2006 02/03/2006 02/16/2006 03/13/2006 03/15/2006
03/15/2006 03/23/2006

Attachment B to Affidavit of Thomas Colclough# 3 Exhibit Attachment C to Affidavit of Thomas Colclough# 4 Exhibit Attachment D to Affidavit of Thomas Colclough# 5 Exhibit Attachment E to Affidavit of Thomas Colclough# 6 Exhibit Attachment F to Affidavit of Thomas Colclough# 7 Exhibit Attachment G to Affidavit of Thomas Colclough)(MAHOOD, ZOE) (Entered: 12/27/2005)
10 AFFIDAVIT OF SERVICE on Summons executed as to GREAT STEAKS, INC. on 11/14/05GREAT STEAKS, INC. served on 11/14/2005, answer due 12/4/2005. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit)(MAHOOD, ZOE) (Entered: 01/11/2006)
11 AFFIDAVIT OF SERVICE on Summons executed as to CLIPPER SEAFOOD RESTAURANT, INC. on 11/14/05CLIPPER SEAFOOD RESTAURANT, INC. served on 11/14/2005, answer due 12/4/2005. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit)(MAHOOD, ZOE) (Entered: 01/11/2006)
12 MOTION to Strike 9 Affidavit in Opposition to Motion,, by GREAT STEAKS, INC., CLIPPER SEAFOOD RESTAURANT, INC.. Responses due by 2/6/2006 (HAMLET, FRED) (Entered: 01/12/2006)
13 MEMORANDUM filed by Defendants GREAT STEAKS, INC., CLIPPER SEAFOOD RESTAURANT, INC. re 12 MOTION to Strike 9 Affidavit in Opposition to Motion,, filed by GREAT STEAKS, INC., CLIPPER SEAFOOD RESTAURANT, INC.. (HAMLET, FRED) (Entered: 01/12/2006)
14 REPLY, filed by Defendants GREAT STEAKS, INC., CLIPPER SEAFOOD RESTAURANT, INC., to Response to 4 MOTION to Dismiss filed by GREAT STEAKS, INC., CLIPPER SEAFOOD RESTAURANT, INC.. (HAMLET, FRED) (Entered: 01/12/2006)
15 Notice to Parties RE: SO30 Responses due by 3/1/2006 (McCarty, Dianne) (Entered: 01/18/2006)
Case Reassigned to Judge N. C. TILLEY, JR. Judge UNASSIGNED no longer assigned to the case. (Powell, Gloria) (Entered: 01/26/2006)
16 RESPONSE in Opposition re 12 MOTION to Strike 9 Affidavit in Opposition to Motion,, to Dismiss filed by EQUAL EMPLOYMENT OPPORTUNITY COMISSION. Replies due by 2/14/2006. (MAHOOD, ZOE) (Entered: 02/03/2006)
17 REPLY, filed by Defendants GREAT STEAKS, INC., CLIPPER SEAFOOD RESTAURANT, INC., to Response to 12 MOTION to Strike 9 Affidavit in Opposition to Motion,, filed by GREAT STEAKS, INC., CLIPPER SEAFOOD RESTAURANT, INC.. (HAMLET, FRED) (Entered: 02/16/2006)
MOTIONS 4 MOTION to Dismiss, 12 MOTION to Strike 9 Affidavit in Opposition to Motion,, REFERRED to Judge Mag/Judge Eliason. (Blumke, Sheila) (Entered: 03/13/2006)
18 ORDER signed by Mag/Judge RUSSELL A. ELIASON on 3/15/06 that defendants' motion to dismiss (docket no. 4) is hereby converted into a Rule 12(b)(6) motion to be treated as a motion for summary judgment. In order for the Court to set appropriate time schedules, the parties are directed to appear before this Court on Thursday, March 23, 2006, at 9:30 a.m., in the United States Courthouse, 251 North Main Street, Winston−Salem, North Carolina. (Wilson, JoAnne) Modified on 3/16/2006 correct spacing (Wilson, JoAnne). (Entered: 03/15/2006)
Set Deadlines/Hearings: Motion Hearing set for 3/23/2006 09:30 AM in Winston−Salem Courtroom #3 before MAG/JUDGE RUSSELL A. ELIASON to set appropriate time schedules. (Wilson, JoAnne) (Entered: 03/15/2006)
Minute Entry for proceedings held before Judge RUSSELL A. ELIASON : Discovery Scheduling Hearing held on 3/23/2006. The court GRANTS plaintiff's Rule 56(f) motion for discovery, and STAYS ruling on defendant's Motion to Dismiss. The parties are to prepare a consent order setting out matters stated in open court. (Court Reporter Jane Calhoun.) (Williamson, Wanda) (Entered: 03/23/2006)

Case: 1:05-cv-744 document<docnum> filed <datefiled> 3 of 13

03/23/2006 03/30/2006 03/31/2006 03/31/2006 04/05/2006 04/14/2006
07/13/2006 07/14/2006 07/17/2006 10/26/2006 11/30/2006
12/08/2006 12/11/2006 12/21/2006 05/23/2007 05/23/2007

Motions No Longer Referred to Mag/Judge Eliason: 4 MOTION to Dismiss, 12 MOTION to Strike 9 Affidavit in Opposition to Motion. (Williamson, Wanda) (Entered: 03/23/2006)
19 OBJECTION TO RECOMMENDED RULING − MAGISTRATE JUDGE re 18 Order on Motion to Dismiss,, by Defendants GREAT STEAKS, INC., CLIPPER SEAFOOD RESTAURANT, INC.. (HAMLET, FRED) (Entered: 03/30/2006)
CASE REFERRED to Magistrate Judge Eliason re: proposed order purs. to 3/23/06 hearing. (Williamson, Wanda) (Entered: 03/31/2006)
Case no longer referred to Mag/Judge Eliason. The court is awaiting a revised proposed order. (Williamson, Wanda) (Entered: 03/31/2006)
CASE REFERRED to Magistrate Judge Eliason re: #19 Objection to Recommended Ruling and proposed consent order as to discovery. (Williamson, Wanda) (Entered: 04/05/2006)
20 CONSENT ORDER signed by Judge RUSSELL A. ELIASON on 4/14/06 that parties are permitted until 7/31/06 to conduct any discovery as set out. Mediation in this matter shall be conducted by 8/31/06. Pltf's must file responsive brief to defendant's Motion to Dismiss by 9/30/06. Defendant will have until 10/20/06, to file any reply brief. All discovery is stayed pending a ruling by the Court on the motion. If needed after the Court rules on the motion, the parties will submit a proposed scheduling order regarding the remaining discovery in this action to the Court for entry. (Simmonds, Lisa) (Entered: 04/14/2006)
21 Joint MOTION for Extension of Time to Complete Discovery by EQUAL EMPLOYMENT OPPORTUNITY COMISSION. Responses due by 8/7/2006 (Attachments: # 1 Text of Proposed Order)(MAHOOD, ZOE) (Entered: 07/13/2006)
***Motions Referred: 21 Joint MOTION for Extension of Time to Complete Discovery to Judge RUSSELL A. ELIASON (Blumke, Sheila) (Entered: 07/14/2006)
22 ORDER granting 21 Motion for Extension of Time to Complete Discovery Discovery due by 9/30/2006. Mediation due by 10/31/2006. Response to Motions to Dismiss due by 11/30/2006. Replies to responses due by 12/20/06. Signed by Judge RUSSELL A. ELIASON on 7/17/06. (Simmonds, Lisa) (Entered: 07/17/2006)
23 ORDER Appointing JONATHAN R. HARKAVY as the mediator pursuant to LR 83.10d(a). Signed by John S. Brubaker, Clerk of Court.(Gammon, Cheryl) (Entered: 10/26/2006)
24 Joint MOTION for Extension of Time To File a Response Brief to 4 Motion to Dismiss to and including December 29, 2006 by EQUAL EMPLOYMENT OPPORTUNITY COMISSION. Responses due by 12/26/2006 (Attachments: # 1 Text of Proposed Order)(MAHOOD, ZOE) Modified on 12/1/2006 to edit docket text language (Simmonds, Lisa). (Entered: 11/30/2006)
***Motions Referred: 24 Joint MOTION for Extension of Time To File Motion Response Motion to Dismiss until December 29, 2006 to Judge RUSSELL A. ELIASON (Blumke, Sheila) (Entered: 12/08/2006)
25 ORDER signed by Mag/Judge RUSSELL A. ELIASON on 12/11/06 granting 24 Motion for Extension of Time To File responsive brief to 4 MOTION to Dismiss Response to Motion due by 12/29/2006; Replies due by 1/20/07.(Wilson, JoAnne) (Entered: 12/11/2006)
26 STIPULATION of Dismissal by CLIPPER SEAFOOD RESTAURANT, INC. (Attachments: # 1 Notice of Withdrawal)(HAMLET, FRED) (Entered: 12/21/2006)
CASE REFERRED to Magistrate Judge Eliason. (Williamson, Wanda) (Entered: 05/23/2007)
27 MOTION for Consent Scheduling Order by EQUAL EMPLOYMENT OPPORTUNITY COMISSION, GREAT STEAKS, INC., CLIPPER SEAFOOD RESTAURANT, INC. (Williamson, Wanda) (Entered: 05/23/2007)

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05/24/2007 05/24/2007 11/14/2007
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12/19/2007
01/11/2008 01/11/2008 01/11/2008 01/13/2008

28 ORDER granting 27 Motion Scheduling Order as set out signed by Mag/Judge RUSSELL A. ELIASON on 5/24/07. (Wilson, JoAnne) (Entered: 05/24/2007)
Set Deadlines/Hearings: Discovery due by 11/15/2007. (see pldg. 28) (Wilson, JoAnne) (Entered: 05/24/2007)
29 MOTION to Compel (Motion is withdrawn − see pleading #33 dated 12/6/2007) Deposition of John Pantazis, MOTION for Cost and Fees by EQUAL EMPLOYMENT OPPORTUNITY COMISSION. Responses due by 12/7/2007 (Attachments: # 1 Text of Proposed Order)(MAHOOD, ZOE) Modified on 2/15/2008 to add language (McCarty, Dianne). (Entered: 11/14/2007)
30 MEMORANDUM filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMISSION re 29 MOTION to Compel Deposition of John Pantazis MOTION for Cost and Fees filed by EQUAL EMPLOYMENT OPPORTUNITY COMISSION. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 7, # 7 Exhibit Exhibit 8, # 8 Exhibit 2006 WL 1716410)(MAHOOD, ZOE) (Entered: 11/14/2007)
Complaint Received, ***Motions Referred: 29 MOTION to Compel Deposition of John Pantazis MOTION for Cost and Fees to Judge MAG/JUDGE RUSSELL A. ELIASON− (Winchester, Robin) (Entered: 11/15/2007)
31 Additional Attachments to Main Document. (MAHOOD, ZOE) (Entered: 11/15/2007)
32 NOTICE of Intent to File Dispositive Motions by Defendant GREAT STEAKS, INC. (HAMLET, FRED) (Entered: 11/23/2007)
33 WITHDRAWAL of Motion by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMISSION re 29 MOTION to Compel Deposition of John Pantazis MOTION for Cost and Fees filed by EQUAL EMPLOYMENT OPPORTUNITY COMISSION (MAHOOD, ZOE) (Entered: 12/06/2007)
34 MOTION for Summary Judgment with supporting affidavits by GREAT STEAKS, INC. Responses due by 1/19/2008 (HAMLET, FRED) (Entered: 12/17/2007)
35 MEMORANDUM in Support of 34 MOTION for Summary Judgment with supporting affidavits. (HAMLET, FRED) Modified on 12/18/2007 to reflect accurate title of pldg. (Lee, Lisa). (Entered: 12/17/2007)
36 NOTICE of Manual Filing of Original Affidavits and of Deposition Tanscripts in paper form with the Clerk's Office by Defendant GREAT STEAKS, INC. (HAMLET, FRED) (Entered: 12/17/2007)
37 MOTION to Strike 35 Brief Defendant's Memorandum in Support of its Motion for Summary Judgment by EQUAL EMPLOYMENT OPPORTUNITY COMISSION. Responses due by 1/11/2008 (Attachments: # 1 Text of Proposed Order)(MAHOOD, ZOE) (Entered: 12/19/2007)
38 MEMORANDUM OF LAW filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMISSION re 37 MOTION to Strike 35 Brief Defendant's Memorandum in Support of its Motion for Summary Judgment filed by EQUAL EMPLOYMENT OPPORTUNITY COMISSION. (MAHOOD, ZOE) (Entered: 12/19/2007)
39 RESPONSE in Opposition re 37 MOTION to Strike 35 Brief Defendant's Memorandum in Support of its Motion for Summary Judgment filed by GREAT STEAKS, INC. Replies due by 1/24/2008. (HAMLET, FRED) (Entered: 01/11/2008)
41 First MOTION for Leave to File an Amended Memorandum in Support of its Motion for Summary Judgment by GREAT STEAKS, INC. Responses due by 2/3/2008 (Attachments: # 1 Amended Memorandum)(HAMLET, FRED) (Entered: 01/11/2008)
42 Defendants Memorandum in Support of its Motion for Leave to File an Amended Memorandum in Support of its Motion for Summary Judgement BRIEF. (HAMLET, FRED) (Entered: 01/11/2008)
NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENT(S) re 43 MOTION for Leave to File an Amended Memorandum in

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01/13/2008 01/14/2008 01/22/2008
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02/21/2008

Support of its Motion for Summary Judgment−proposed order. Proposed Order docketed as a motion. Submit Proposed Order to assigned Judge's e−mail box. (Wilson, JoAnne) (Entered: 01/13/2008)
NOTICE of Docket Text/Event Modification re 43 MOTION for Leave to File an Amended Memorandum in Support of its Motion for Summary Judgment−proposed order : Document filed in error, public access to document terminated. (Wilson, JoAnne) (Entered: 01/13/2008)
NOTICE of Docket Text/Event Modification re 40 First MOTION for Leave to File an Amended Memorandum in Support of its Motion for Summary Judgment : Document filed in error, public access to document terminated. (Wilson, JoAnne) (Entered: 01/14/2008)
44 MEMORANDUM OF LAW in Opposition re 34 MOTION for Summary Judgment with supporting affidavits filed by EQUAL EMPLOYMENT OPPORTUNITY COMISSION. Replies due by 2/4/2008. (Attachments: # 1 Exhibit Table of Contents, # 2 Exhibit Exh. 1 − John Pantazis Deposition, # 3 Exhibit Exh. 2 − Bessie Pantazis Deposition, # 4 Exhibit Exh. 3 − Baker Deposition, # 5 Exhibit Exh. 4 − Jones Deposition, # 6 Exhibit Exh. 5 − Def.'s Amended Responses to 2nd Admissions, # 7 Exhibit Exh. 6 − Lovett Deposition, # 8 Exhibit Exh. 7 − Def.'s Supplement Response to 1st Interrogs, # 9 Exhibit Exh. 8 − Def.'s Responses to 2nd Admissions, # 10 Exhibit Exh. 9 − Jarrett Deposition, # 11 Exhibit Exh. 10 − Jones Affidavit, # 12 Exhibit Exh. 11 − N&O Story − Jennings, # 13 Exhibit Exh. 12 − Unpublished Opinion − Bishop)(MAHOOD, ZOE) Modified on 1/23/2008 to accurately reflect title of document (Wilson, JoAnne). (Entered: 01/22/2008)
Case Reassigned to JUDGE WILLIAM L. OSTEEN JR. JUDGE N. C. TILLEY, JR no longer assigned to the case. (McCarty, Dianne) (Entered: 01/24/2008)
45 NOTICE of Manual Filing Deposition Transcript of John Pantazis in paper form with the Clerk's Office by Defendant GREAT STEAKS, INC. (HAMLET, FRED) (Entered: 01/31/2008)
46 Reply BRIEF in Support of Motion for Summary Judgment by Defendant GREAT STEAKS, INC. filed by GREAT STEAKS, INC. (Attachments: # 1 Affidavit Reply Affidavit of John Pantazis) (HAMLET, FRED) AFFIDAVIT OF JOHN PANTAZIS**STRICKEN** per Order of the Court see pldg. 60) Modified on 9/9/2008 to add additional text (Wilson, JoAnne). (Entered: 02/08/2008)
***Motions Referred: 34 MOTION for Summary Judgment with supporting affidavits, 41 First MOTION for Leave to File an Amended Memorandum in Support of its Motion for Summary Judgment, 37 MOTION to Strike 35 Brief Defendant's Memorandum in Support of its Motion for Summary Judgment to Judge MAG/JUDGE RUSSELL A. ELIASON− (McCarty, Dianne) (Entered: 02/19/2008)
47 MOTION to Strike 46 Brief Reply Affidavit and Attachment, and Exclude from Evidence Reply Affidavit and Attachment by EQUAL EMPLOYMENT OPPORTUNITY COMISSION. Responses due by 3/14/2008 (Attachments: # 1 Text of Proposed Order)(MAHOOD, ZOE) Modified on 2/21/2008 to add text upon further review it is determined that document (pldg. 47) is in proper form. (Entered: 02/20/2008)
48 MEMORANDUM filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMISSION re 47 MOTION to Strike 46 Brief Reply Affidavit and Attachment MOTION to Strike 46 Brief Reply Affidavit and Attachment MOTION to Exclude from Evidence Reply Affidavit and Attachment filed by EQUAL EMPLOYMENT OPPORTUNITY COMISSION. (Attachments: # 1 Exhibit Plaintiff First Set of Interrogatories to Defendant, # 2 Exhibit Plaintiff First RFP to Defendant, # 3 Exhibit Defendant's Response to Plaintiff's First Interrogatories to Defendant, # 4 Exhibit Defendant's Response to Plaintiff's First RFP to Defendant, # 5 Exhibit Defendant's Supplemental Response to Plaintiff's First Set of Interrogatories to Defendant, # 6 Exhibit Bessie Pantazis Deposition Excerpt)(MAHOOD, ZOE) (Entered: 02/20/2008)
NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENT(S) re 47 MOTION to Strike 46 Brief Reply Affidavit and Attachment MOTION to Strike 46 Brief Reply Affidavit and Attachment MOTION to Exclude

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02/21/2008 02/27/2008 03/10/2008 03/14/2008
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04/01/2008
04/29/2008 04/29/2008 05/16/2008 05/29/2008 06/24/2008

from Evidence Reply Affidavit and Attachment. Purs. to Local Rule 7.3(a) Each pleading shall be set out separately. Refile motions separately. (Wilson, JoAnne) (Entered: 02/21/2008)
Telephone Notice held on 2/21/2008 to atty Zoe Mahood to disregard the notice of deficiency. Upon further review it is determined that the document is in proper form (Wilson, JoAnne) (Entered: 02/21/2008)
49 ORDER signed by MAG/JUDGE RUSSELL A. ELIASON on 2/27/08 denying 37 Motion to Strike; denying 41 Motion for Leave to File. (Wilson, JoAnne) (Entered: 02/27/2008)
Telephone Notice to Attorney Fred Hamlet. Per Magistrate Judge Eliason, Mr. Hamlet is to file a Corrected Memoramdum In Support of the Motion for Summary Jgm. originally filed 12/17/07 (#35). This corrected memorandum should contain the deposition page citations which were not set out in the filed memoradum. (Williamson, Wanda) (Entered: 03/12/2008)
50 RESPONSE AND MEMORANDUM in Opposition re 47 MOTION to Strike 46 Brief Reply Affidavit and Attachment MOTION to Strike 46 Brief Reply Affidavit and Attachment MOTION to Exclude from Evidence Reply Affidavit and Attachment Defendant's Repsonse and Memorandum in Oppoistion to Plaintiff EEOC's Motion to Strike and Exclude From Evidence Reply Affidavit of John Pantazis and Attachment filed by GREAT STEAKS, INC. Replies due by 3/31/2008. (HAMLET, FRED) (Entered: 03/14/2008)
51 Corrected BRIEF re 35 Brief in Support of its Motion for Summary Judgment. (HAMLET, FRED) (Entered: 03/21/2008)
52 REPLY, filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMISSION, to Response to 47 MOTION to Strike 46 Brief Reply Affidavit and Attachment MOTION to Strike 46 Brief Reply Affidavit and Attachment MOTION to Exclude from Evidence Reply Affidavit and Attachment filed by EQUAL EMPLOYMENT OPPORTUNITY COMISSION. (Attachments: # 1 Exhibit Plaintiff's First Set of Interrgatories, # 2 Exhibit Plaintiff First Request for Production of Documents, # 3 Exhibit John Pantazis Deposition Excerpts, # 4 Exhibit Bessie Pantazis Deposition Excerpts, # 5 Exhibit Jarrett Deposition Excerpts, # 6 Exhibit Uppublished Case)(MAHOOD, ZOE) (Entered: 03/31/2008)
53 Amended REPLY, in Support of 47 MOTION to Strike 46 Brief Reply Affidavit and Attachment; filed by EQUAL EMPLOYMENT OPPORTUNITY COMISSION. (Attachments: # 1 Exhibit Plaintiff EEOC's First Set of Interrogatories to Defendant Great Steaks, # 2 Exhibit Plaintiff EEOC's First Request for Production of Documents to Defendant Great Steaks, # 3 Exhibit John Pantazis Deposition Excerpts, # 4 Exhibit Bessie Pantazis Deposition Excerpts, # 5 Exhibit Jarrett Deposition Excerpts, # 6 Exhibit Unpublished Decision) (MAHOOD, ZOE) Modified on 4/2/2008 to remove duplicate text (Lee, Lisa). (Entered: 04/01/2008)
54 RECOMMENDED RULING of MAGISTRATE JUDGE ELIASON signed on 4/29/2008 recommending that Defendant's motion for summary judgment (docket no. 34 ) be denied. And further recommending that Plaintiff's motion to strike the Reply Affidavit of John Pantazis (docket no. 47 ) be granted, along with the discussion of it in the reply brief. (Lee, Lisa) (Entered: 04/29/2008)
55 Notice of Mailing Recommendation. Objections to R&R due by 5/16/2008. (Lee, Lisa) (Entered: 04/29/2008)
56 OBJECTION TO RECOMMENDED RULING − MAGISTRATE JUDGE re 54 Recommended Ruling − Magistrate Judge, by Defendant GREAT STEAKS, INC. (HAMLET, FRED) (Entered: 05/16/2008)
57 MEMORANDUM IN RESPONSE TO OBJECTION to 56 Report and Recommendations filed by EQUAL EMPLOYMENT OPPORTUNITY COMISSION. (MAHOOD, ZOE) (Entered: 05/29/2008)
CASE REFERRED to Judge William L. Osteen, Jr. (Williamson, Wanda) (Entered: 06/24/2008)

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07/09/2008 07/09/2008 08/19/2008 08/27/2008 08/28/2008
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09/23/2008 09/24/2008 10/08/2008 02/09/2009 03/04/2009 08/18/2009 09/02/2009 09/04/2009 09/04/2009 09/08/2009

Case Reassigned to CHIEF JUDGE JAMES A. BEATY, JR. JUDGE WILLIAM L. OSTEEN JR. no longer assigned to the case. (Powell, Gloria) (Entered: 07/09/2008)
CASE REFERRED to Judge Beaty. (Powell, Gloria) (Entered: 07/09/2008)
58 MOTION for Oral Argument re: 34 MOTION for Summary Judgment with supporting affidavits by GREAT STEAKS, INC. Responses due by 9/11/2008 (HAMLET, FRED) (Entered: 08/19/2008)
***Motions Submitted: 58 MOTION for Oral Argument 34 MOTION for Summary Judgment with supporting affidavits to CHIEF JUDGE JAMES A. BEATY, JR. (Kemp, Donita) (Entered: 08/27/2008)
59 MEMORANDUM in Opposition re 58 MOTION for Oral Argument 34 MOTION for Summary Judgment with supporting affidavits filed by EQUAL EMPLOYMENT OPPORTUNITY COMISSION. Replies due by 9/15/2008. (MAHOOD, ZOE) (Entered: 08/28/2008)
60 ORDER signed by CHIEF JUDGE JAMES A. BEATY, JR on 9/8/08 for the reasons set forth in the Recommendation, denying 34 Motion for Summary Judgment; granting 47 Motion to Strike; denying 58 Motion for Oral Argument as set out. (Wilson, JoAnne) (Entered: 09/08/2008)
61 MOTION to Amend 60 Order on Motion for Summary Judgment, Order on Motion to Strike, Order on Motion for Oral Argument and Affirming Magistrate Judge's Recommendation by GREAT STEAKS, INC. Responses due by 10/15/2008 (HAMLET, FRED) (Entered: 09/22/2008)
62 MEMORANDUM filed by Defendant GREAT STEAKS, INC. re 61 MOTION to Amend 60 Order on Motion for Summary Judgment, Order on Motion to Strike, Order on Motion for Oral Argument and Affirming Magistrate Judge's Recommendation filed by GREAT STEAKS, INC. (Attachments: # 1 Text of Proposed Order)(HAMLET, FRED) (Entered: 09/22/2008)
63 NOTICE of Initial Pretrial Conference Hearing: Initial Pretrial Conference Hearing set for 10/30/2008 09:30 AM in Winston−Salem Courtroom #3 before MAG/JUDGE RUSSELL A. ELIASON. (Garrett, Kim) (Entered: 09/23/2008)
NOTICE advising parties to please disregard previous notice setting this matter for an Initial Pretrial Conference; this matter was previously noticed in error. (Kemp, Donita) (Entered: 09/24/2008)
64 ORDER signed by CHIEF JUDGE JAMES A. BEATY, JR on 10/8/08 denying 61 Motion to Amend. (Wilson, JoAnne) (Entered: 10/08/2008)
Case reassigned to MAG/JUDGE WALLACE W. DIXON. MAG/JUDGE RUSSELL A. ELIASON no longer assigned to the case. (Crampton, Scott) (Entered: 02/09/2009)
65 NOTICE of Hearing: Jury Trial set for 10/5/2009 09:30 AM in Unassigned Courtroom; Trial Brief, etc. deadline set for 9/15/2009.(Kemp, Donita) (Entered: 03/04/2009)
66 NOTICE of Trial Calendar Jury Trial set for 10/5/2009 09:30 AM in Winston−Salem Courtroom #1 before CHIEF JUDGE JAMES A. BEATY JR.(Winchester, Robin) (Entered: 08/18/2009)
67 NOTICE of Hearing: Settlement Conference set for 9/17/2009 02:00 PM in Winston−Salem Courtroom #1 before CHIEF JUDGE JAMES A. BEATY JR. (Kemp, Donita) (Entered: 09/02/2009)
68 NOTICE of Appearance by attorney KATHERINE ABIGAIL SOLES on behalf of Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMISSION (SOLES, KATHERINE) (Entered: 09/04/2009)
69 PRETRIAL DISCLOSURES by GREAT STEAKS, INC. (HAMLET, FRED) (Entered: 09/04/2009)
70 PRETRIAL DISCLOSURES. (MAHOOD, ZOE) Modified on 9/9/2009 to reflect accurate title of pldg. (Lee, Lisa). (Entered: 09/08/2009)

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71 FINAL PRETRIAL DISCLOSURES.(MAHOOD, ZOE) (Entered: 09/10/2009)
72 TRIAL BRIEF by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMISSION. (Attachments: # 1 Exhibit Unpublished Case)(MAHOOD, ZOE) (Entered: 09/15/2009)
73 Proposed Voir Dire by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMISSION.(MAHOOD, ZOE) (Entered: 09/15/2009)
74 Proposed Jury Instructions by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMISSION.(MAHOOD, ZOE) (Entered: 09/15/2009)
75 Proposed Jury Instructions by Defendant GREAT STEAKS, INC. (HAMLET, FRED) (Entered: 09/15/2009)
76 TRIAL BRIEF by Defendant GREAT STEAKS, INC. (Attachments: # 1 Appendix Unpublished Cases)(HAMLET, FRED) (Entered: 09/15/2009)
Minute Entry for proceedings held before CHIEF JUDGE JAMES A. BEATY, JR: Settlement Conference held on 9/17/2009. (Parties unable to reach a settlement; case to proceed to trial; Jury Trial set for 10/5/2009 @ 9:30 a.m., WS−1) (Court Reporter Lori Russell; Attorney(s) Zoe Mahood, Catherine Soles appeared on behalf of plaintiff; Attorney Fred Hamlet appeared on behalf of defendant.) (Kemp, Donita) (Entered: 09/17/2009)
Set Hearing: Jury Trial set for 10/5/2009 09:30 AM in Winston−Salem Courtroom #1 before CHIEF JUDGE JAMES A. BEATY JR. (Kemp, Donita) (Entered: 09/17/2009)
77 Objection to Pretrial Disclosures by EQUAL EMPLOYMENT OPPORTUNITY COMISSION.(MAHOOD, ZOE) (Entered: 09/18/2009)
78 Objection to Pretrial Disclosures by GREAT STEAKS, INC. (HAMLET, FRED) (Entered: 09/22/2009)
79 MOTION in Limine to Exclude Evidence Relating to Defendant's Asserted Faragher/Ellerth Defense by EQUAL EMPLOYMENT OPPORTUNITY COMISSION. Responses due by 10/21/2009 (MAHOOD, ZOE) (Entered: 09/28/2009)
80 MEMORANDUM filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMISSION re 79 MOTION in Limine to Exclude Evidence Relating to Defendant's Asserted Faragher/Ellerth Defense. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(MAHOOD, ZOE) (Entered: 09/28/2009)
81 MOTION in Limine to Exclude Testimony of Thomas Colclough by EQUAL EMPLOYMENT OPPORTUNITY COMISSION. Responses due by 10/21/2009 (MAHOOD, ZOE) (Entered: 09/28/2009)
82 MEMORANDUM filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMISSION re 81 MOTION in Limine to Exclude Testimony of Thomas Colclough. (MAHOOD, ZOE) (Entered: 09/28/2009)
83 MOTION in Limine to Exclude all Evidence relating to Conciliation by EQUAL EMPLOYMENT OPPORTUNITY COMISSION. Responses due by 10/21/2009 (MAHOOD, ZOE) (Entered: 09/28/2009)
84 MEMORANDUM filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMISSION re 83 MOTION in Limine to Exclude all Evidence relating to Conciliation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(MAHOOD, ZOE) (Entered: 09/28/2009)
85 MOTION in Limine to exclude any evidence of the EEOC investigation by EQUAL EMPLOYMENT OPPORTUNITY COMISSION. Responses due by 10/21/2009 (MAHOOD, ZOE) (Entered: 09/28/2009)
86 MEMORANDUM filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMISSION re 85 MOTION in Limine to exclude any evidence of the EEOC investigation. (Attachments: # 1 Exhibit A)(MAHOOD, ZOE) (Entered: 09/28/2009)

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09/28/2009 09/28/2009 09/28/2009 09/28/2009 09/28/2009 09/28/2009 09/28/2009 09/28/2009 09/28/2009 09/28/2009 09/28/2009 09/28/2009 09/28/2009 09/28/2009 09/28/2009 09/28/2009

87 MOTION in Limine to Exclude All Irrelevant and Duplicative Evidence by EQUAL EMPLOYMENT OPPORTUNITY COMISSION. Responses due by 10/21/2009 (MAHOOD, ZOE) (Entered: 09/28/2009)
88 MEMORANDUM filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMISSION re 87 MOTION in Limine to Exclude All Irrelevant and Duplicative Evidence. (MAHOOD, ZOE) (Entered: 09/28/2009)
89 MOTION in Limine to Exclude Testimony from Former Employee Not Subjected to Sexual Harassment by EQUAL EMPLOYMENT OPPORTUNITY COMISSION. Responses due by 10/21/2009 (MAHOOD, ZOE) (Entered: 09/28/2009)
90 MEMORANDUM filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMISSION re 89 MOTION in Limine to Exclude Testimony from Former Employee Not Subjected to Sexual Harassment. (MAHOOD, ZOE) (Entered: 09/28/2009)
91 MOTION in Limine to Exclude Evidence that Other Claimants Withdrew from EEOC's Lawsuit by EQUAL EMPLOYMENT OPPORTUNITY COMISSION. Responses due by 10/21/2009 (MAHOOD, ZOE) (Entered: 09/28/2009)
92 MEMORANDUM filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMISSION re 91 MOTION in Limine to Exclude Evidence that Other Claimants Withdrew from EEOC's Lawsuit. (MAHOOD, ZOE) (Entered: 09/28/2009)
93 MOTION in Limine to Exclude Evidence of Sexual Behavior or Sexual Predisposition pursuant to Fed. R. Evid. 412 by EQUAL EMPLOYMENT OPPORTUNITY COMISSION. Responses due by 10/21/2009 (MAHOOD, ZOE) (Entered: 09/28/2009)
94 MEMORANDUM filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMISSION re 93 MOTION in Limine to Exclude Evidence of Sexual Behavior or Sexual Predisposition pursuant to Fed. R. Evid. 412. (MAHOOD, ZOE) (Entered: 09/28/2009)
95 MOTION in Limine to Exclude Any Evidence of a Tape Recording and Transcript of a Conversation between Jamie Baker and Thomas Colclough by EQUAL EMPLOYMENT OPPORTUNITY COMISSION. Responses due by 10/21/2009 (MAHOOD, ZOE) (Entered: 09/28/2009)
96 MEMORANDUM filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMISSION re 95 MOTION in Limine to Exclude Any Evidence of a Tape Recording and Transcript of a Conversation between Jamie Baker and Thomas Colclough. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(MAHOOD, ZOE) (Entered: 09/28/2009)
97 MOTION in Limine to Exclude Evidence of Witnesses' Criminal Histories and Prior Employment by EQUAL EMPLOYMENT OPPORTUNITY COMISSION. Responses due by 10/21/2009 (MAHOOD, ZOE) (Entered: 09/28/2009)
98 MEMORANDUM filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMISSION re 97 MOTION in Limine to Exclude Evidence of Witnesses' Criminal Histories and Prior Employment. (Attachments: # 1 Exhibit A)(MAHOOD, ZOE) (Entered: 09/28/2009)
99 MOTION in Limine to Exclude Undisclosed Exhibits from Evidence by EQUAL EMPLOYMENT OPPORTUNITY COMISSION. Responses due by 10/21/2009 (MAHOOD, ZOE) (Entered: 09/28/2009)
100 MEMORANDUM filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMISSION re 99 MOTION in Limine to Exclude Undisclosed Exhibits from Evidence. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(MAHOOD, ZOE) (Entered: 09/28/2009)
101 MOTION in Limine to Exclude Undisclosed Witnesses from Testifying at Trial by EQUAL EMPLOYMENT OPPORTUNITY COMISSION. Responses due by 10/21/2009 (MAHOOD, ZOE) (Entered: 09/28/2009)
102 MEMORANDUM filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMISSION re 101 MOTION in Limine to Exclude Undisclosed Witnesses from Testifying at Trial. (Attachments: # 1 Exhibit A)(MAHOOD, ZOE) (Entered:

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09/28/2009)
103 Proposed Voir Dire by Defendant GREAT STEAKS, INC. (HAMLET, FRED) (Entered: 09/30/2009)
104 MOTION for Sanctions under FRCP 37(c)(1) for failure to supplement by EQUAL EMPLOYMENT OPPORTUNITY COMISSION. Responses due by 10/28/2009 (Wilson, JoAnne) (Entered: 10/05/2009)
105 MEMORANDUM in support filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMISSION re 104 MOTION for Sanctions. (Wilson, JoAnne) (Entered: 10/05/2009)
106 DECLARATION filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMISSION re 104 MOTION for Sanctions. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Wilson, JoAnne) (Entered: 10/05/2009)
Minute Entry for proceedings held before CHIEF JUDGE JAMES A. BEATY, JR: Motion Hearing held on 10/5/2009 re 4 MOTION to Dismiss filed by CLIPPER SEAFOOD RESTAURANT, INC., GREAT STEAKS, INC., 83 MOTION in Limine to Exclude all Evidence relating to Conciliation filed by EQUAL EMPLOYMENT OPPORTUNITY COMISSION, 81 MOTION in Limine to Exclude Testimony of Thomas Colclough filed by EQUAL EMPLOYMENT OPPORTUNITY COMISSION, 85 MOTION in Limine to exclude any evidence of the EEOC investigation filed by EQUAL EMPLOYMENT OPPORTUNITY COMISSION, 95 MOTION in Limine to Exclude Any Evidence of a Tape Recording and Transcript of a Conversation between Jamie Baker and Thomas Colclough filed by EQUAL EMPLOYMENT OPPORTUNITY COMISSION. (Defendant's Motion to Dismiss for Lack of Jurisdiction is hereby DENIED; Plaintiff's Motions in Limine are hereby ALLOWED; Re: #'s 81, 83, 85, and 95.) (Court Reporter Lori Russell.) (Kemp, Donita) (Entered: 10/05/2009)
Minute Entry for proceedings held before CHIEF JUDGE JAMES A. BEATY, JR: Jury Selection held on 10/5/2009. (Court Reporter Lori Russell.) (Kemp, Donita) (Entered: 10/05/2009)
Jury Impaneled.(Kemp, Donita) (Entered: 10/05/2009)
Minute Entry for proceedings held before CHIEF JUDGE JAMES A. BEATY, JR: Jury Trial held on 10/5/2009. (eight (8) jurors selected; Opening statements made; Plaintiff presented evidence (see witness/exhibit list); Jury Trial to continue at 9:30 a.m. on 10/6/2009.) (Court Reporter Lori Russell.) (Kemp, Donita) (Entered: 10/05/2009)
Set Hearing: Jury Trial to continue at 9:30 a.m. on 10/6/2009 in Winston−Salem Courtroom #1 before CHIEF JUDGE JAMES A. BEATY JR. (Kemp, Donita) (Entered: 10/05/2009)
Minute Entry for proceedings held before CHIEF JUDGE JAMES A. BEATY, JR: Jury Trial (Day #2) continued from 10/5/2009 held on 10/6/2009. (Eight (8) jurors present and previously sworn; Plaintiff continued to present evidence and rested (see witness/exhibit list); Rule 50 Motion denied; Defendant presented evidence and rested (see witness/exhibit list); All evidence concluded; Renewed Rule 50 Motion denied; Jury Trial to continue at 9:30 a.m. on 10/7/2009.) (Court Reporter Lori Russell.) (Kemp, Donita) (Entered: 10/06/2009)
Set Hearing: Jury Trial to continue at 9:30 a.m. on 10/7/2009 in Winston−Salem Courtroom #1 before CHIEF JUDGE JAMES A. BEATY JR. (Kemp, Donita) (Entered: 10/06/2009)
Minute Entry for proceedings held before CHIEF JUDGE JAMES A. BEATY, JR: Jury Trial (Day #3) continued from 10/6/2009 completed on 10/7/2009. (Eight (8) jurors present and previously sworn; Closing arguments made; Jury charged, retired, and returned with a verdict at 2:00 p.m.) (Court Reporter Lori Russell.) (Kemp, Donita) (Entered: 10/07/2009)
107 JURY VERDICT (Kemp, Donita) (Entered: 10/07/2009)

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10/07/2009 10/07/2009 10/07/2009
10/30/2009

Oral Motion by EQUAL EMPLOYMENT OPPORTUNITY COMISSION to Set Aside Jury Verdict. (Kemp, Donita) (Entered: 10/07/2009)
ORAL ORDER by Chief Judge James A. Beaty, Jr. DENYING Oral Motion by EQUAL EMPLOYMENT OPPORTUNITY COMISSION to Set Aside Jury Verdict. (Kemp, Donita) (Entered: 10/07/2009)
108 ORDER AND JUDGMENT signed by CHIEF JUDGE JAMES A. BEATY, JR on 10/7/09 that a JUDGMENT be entered in favor of Defendant Great Steaks, Inc., and all claims raised by Plaintiff in this case are DISMISSED. (Wilson, JoAnne) (Entered: 10/07/2009)
109 Transcript of Proceedings.

NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER.

10/30/2009

Charge conference held on 10/06/2009 before Judge James A. Beaty, Jr. Court Reporter/Transcriber L. Russell, Telephone number 336−734−2547. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Request Redaction due by 11/13/2009, Redaction Request due 11/20/2009. Redacted Transcript Deadline set for 11/30/2009. Release of Transcript Restriction set for 1/28/2010. (Russell, Lori) (Entered: 10/30/2009)
110 Transcript of Proceedings.

NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER.

12/07/2009
12/07/2009 12/30/2009 01/06/2010

Continuation of charge conference and jury charge held on 10/07/2009 before Judge James A. Beaty, Jr. Court Reporter/Transcriber L. Russell, Telephone number 336−734−2547. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Request Redaction due by 11/13/2009, Redaction Request due 11/20/2009. Redacted Transcript Deadline set for 11/30/2009. Release of Transcript Restriction set for 1/28/2010. (Russell, Lori) (Entered: 10/30/2009)
111 MOTION for Attorney Fees and Consultation Statement by GREAT STEAKS, INC. Responses due by 12/31/2009 (Attachments: # 1 Exhibit A − Affidavit of Fred T. Hamlet, Esq., # 2 Exhibit B − Itemized Time Records, # 3 Exhibit C − Affidavit of Julie C. Theall, Esqs., # 4 Exhibit D − Affidavit of J. David James, Esq., # 5 Exhibit E − Affidavit of James M. Powell, Esq., # 6 Exhibit F − Affidavit of John Pantazis)(HAMLET, FRED) Modified on 12/31/2009 to edit duplicate text. (Lloyd, Donna) (Entered: 12/07/2009)
112 Supporting BRIEF re 111 MOTION for Attorney Fees and Consultation Statement. (HAMLET, FRED) (Entered: 12/07/2009)
113 RESPONSE in Opposition re 111 MOTION for Attorney Fees and Consultation Statement filed by EQUAL EMPLOYMENT OPPORTUNITY COMISSION. Replies due by 1/16/2010. (SOLES, KATHERINE) (Entered: 12/30/2009)
114 BILL OF COSTS by Defendant GREAT STEAKS, INC. Response to Bill of Costs due by 1/25/2010. (Attachments: # 1 Affidavit of Fred T. Hamlet, # 2 Exhibit Copy Expenses 1, # 3 Exhibit Copy Expenses 2, # 4 Exhibit Copy Expenses 3, # 5 Exhibit Witness Fees and Service of Subpoenae, # 6 Exhibit Deposition Costs) (HAMLET,

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01/19/2010 01/22/2010 01/25/2010 01/25/2010
02/10/2010 06/02/2010 07/02/2010 07/06/2010 07/07/2010 07/21/2010 09/01/2011 01/26/2012 01/26/2012
01/30/2012
03/19/2012

FRED) Modified on 2/2/2010 to position exhibits in readable format (Lee, Lisa). (Entered: 01/06/2010)
115 REPLY to Response to 111 MOTION for Attorney Fees and Consultation Statement filed by GREAT STEAKS, INC. (HAMLET, FRED) (Entered: 01/19/2010)
Motions Submitted: 111 MOTION for Attorney Fees and Consultation Statement to CHIEF JUDGE JAMES A. BEATY, JR. (Kemp, Donita) (Entered: 01/22/2010)
118 OBJECTIONS to Answer to Bill of Costs by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMISSION. (SOLES, KATHERINE) (Entered: 01/25/2010)
119 MEMORANDUM re 118 Objection to Answer to Bill of Costs Note: Doc Nos 118 & 119 are amended versions of Doc. Nos. 116 & 117 by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMISSION. (SOLES, KATHERINE) (Entered: 01/25/2010)
120 TAXATION OF COSTS in the amount of $4,538.94 are allowed and taxed against Plaintiff. Signed by Clerk of Court, JOHN S. BRUBAKER on 2/10/10. (Law, Trina) (Entered: 02/10/2010)
121 ORDER denying 111 Motion for Attorney Fees. Signed by CHIEF JUDGE JAMES A. BEATY, JR on 6/2/2010. (Lapira, Sharon) (Entered: 06/02/2010)
122 NOTICE OF APPEAL as to 121 Order on Motion for Attorney Fees by GREAT STEAKS, INC.. Filing fee $ 455, receipt number 0418−780361. (HAMLET, FRED) (Entered: 07/02/2010)
123 Electronic Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals Re 122 Notice of Appeal (Taylor, Abby) (Entered: 07/06/2010)
124 NOTICE of Docketing Appeal from USCA re 122 Notice of Appeal filed by GREAT STEAKS, INC. USCA Case Number: 10−1756. USCA Case Manager: Richard H. Sewell. (Law, Trina) (Entered: 07/07/2010)
125 SATISFACTION OF JUDGMENT as to 0. 4538.94 by GREAT STEAKS, INC.. (HAMLET, FRED) (Entered: 07/21/2010)
NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENT(S) re 126 Notice (Other) to be filed with the Fourth Circuit. (Lapira, Sharon) (Entered: 09/01/2011)
127 OPINION OF USCA affirming the District Court. USCA Case #10−1756. (Daniel, J) (Entered: 01/30/2012)
128 USCA JUDGMENT. In accordance with the decision of this court, the judgment of the district court is affirmed. This judgment shall take effect upon issuance of this court's mandate in accordance with Fed. R. App. P. 41. USCA Case #10−1756. (Daniel, J) (Entered: 01/30/2012)
129 CORRECTED USCA JUDGMENT as to 122 Notice of Appeal filed. In accordance with the decision of this court, the judgment of the district court is affirmed. This judgment shall take effect upon issuance of this court's mandate in accordance with Fed. R. App. P. 41. USCA Case #10−1756. (Daniel, J) (Entered: 02/02/2012)
130 MANDATE of USCA. The judgment of this court, entered January 26, 2012, takes effect today. This constitutes the formal mandate of this court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure re 129 USCA Judgment. [USCA Number 10−1756] (Simmonds, Lisa) (Entered: 03/19/2012)

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