1 Richard R. Trujillo
C. Emanuel Smith
2 P. David Lopez

FILED RECEIVED

LODGED COpy

Sandra Padegimas #011652
3 Equal Employment Opportunity Commission

Phoenix District Office
4 3300 North Central Avenue, Suite 690
Phoenix, Arizona 85012·9688
5 Telephone: (602) 640·5016

(db . . - 2 DISTRlm' OOURT

. t:lf~fAICT OF ARIZONA

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Fax: (602) 640·5009

6

Attorneys for Plaintiff
7

IN THE UNITED STATES DISTRICT COURT

8 FOR THE DISTRICT OF ARIZONA

9 Equal Employment
10 Opportunity Commission,

1872eHX LOA

11

Plaintiff,

COMPLAINT

12

vs.

(JURY TRIAL DEMAND)

13 Pinnacle Nissan, Inc.
14 Defendant.
15

16

NATURE OF THE ACTION

17

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

18 as amended and the Civil Rights Act of 1991,42 U.S.C. § 1981a against

19 Pinnacle Nissan, Inc. ("Defendant" or "Pinnacle Nissan") seeking redress for

20 unlawful national origin discrimination, religious discrimination, and retaliation.

21

2. Plaintiff, Equal Employment Opportunity Commission (the

22 "Commissionll) contends that Pinnacle Nissan has: (1) discriminated against and

23 .continues to discriminate against employees of middle-eastern descent because

24 of their national origin in the terms and conditions of employment; (2)

25 discriminated against Sam Einhorn, an employee of the Jewish faith, because of

26 his religion and national origin; and (3) engaged in retaliation against employees

27 for participating in protected activity under Title VII.

28

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1

JURISDICTION AND VENUE

2

3. This Courtts jurisdiction is invoked pursuant to 28 U.S.C. §§ 451,

3 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to

4 sections 706(f)(1) and (3) and Section 707 of Title VII of the Civil Rights Act of

5 1964, as amended, 42 U.S.C. § 2000e-5(f)(1) and (3); § §2000e-6 and section

6 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.

7

4. Pinnacle Nissan's unlawful employment practices were committed in

8 the state of Arizona and, accordingly, venue is proper in this Court.

9

PARTIES

10

5. The Commission is the agency of the United States of America

11 charged with the administration, interpretation and enforcement of Title VII and is

12 expressly authorized to bring this action by 42 U.S.C. § 2000e-5(f)(1) and (3).

13

6. Pinnacle Nissan operates and manages an automobile dealership in

14 Arizona and has, at all relevant times, employed a sufficient number of

15 employees to sUbject them to jurisdiction under Title VII.

16

7. At all relevant times, Pinnacle Nissan has continuously been an

17 employer engaged in an industry affecting commerce within the meaning of

18 Section 701 (b), (g) and (h) of Title VII, 42 U.S.C. § 2000e(b), (g) and (h).

19

STATEMENT OF CLAIMS

20

8. More than thirty days prior to institution of this lawsuit, Charging

21 Parties, Sam Einhorn, Sam Darmo, and Amer Darmo, who are all former

22 employees of Pinnacle Nissan, filed charges with the Commission alleging

23 violations of Title VII by Pinnacle Nissan.

24

FIRST CLAIM

25

National Origin Discrimination

26

9. Since at least October, 1996, Pinnacle Nissan has engaged in unlawful

27 employment practices at its Scottsdale, Arizona location in violation of Section

28 703(a) of Title VII, 42 U.S.C. § 2000e-2(a), including subjecting charging party

2

1 Sam Einhorn to discrimination based on his national origin and subjecting both

2 Darmo charging parties and a class of middle-eastern employees to a hostile

3 work environment due to national origin.

4

10. Since at least August 13, 1997, Pinnacle Nissan has engaged in and

5 is continuing to engage in a pattern or practice of national origin discrimination

6 against employees of middle-eastern descent as described herein, in violation of

7 Section 707 of Title VII, § 2000e-6.

8

11. The unlawful practices in Paragraphs 9 and 10 include, but are not

9 limited to:

10

(a) Management officials referring to charging pa~ies

11

as "sand nigger," "terrorist," and "camel jockey";

12

and

13

(b) Management officials ridiculing Assyrian cultural

14

practices and speech.

15

SECON D CLAIM

16

Religious Discrimination

17

12. Since at least October, 1996, Pinnacle Nissan has

18 engaged in unlawful employment practices at its Arizona locations in

19 violation of Section 703(a) of Title VI 1,42 U.S.C. § 2000e-2(a), including

20 subjecting charging party Sam Einhorn to discrimination based on his

21 religion. Such discrimination includes:

22

a) Managemetn officials referring to persons of the

23

Jewish faith as "kikes" and to charging party Einhorn

24

as a "fat Jew Bastard"; and

25

b) Presentation to Mr. Einhorn, the son of concentration

26

camp survivors, a pay stub with the designation

27

"HEAVY HITLER."

28

3

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

.---

1

THIRD CLAIM

2

Constructive Discharge

3

13. The unlawful practices described in Paragraphs 9 through

4 12, as well as a general atmosphere of racial and national origin hostility,

5 have resulted in the constructive discharge of the charging parties

6 Darmo and Darmo and other individuals of middle-eastern descent and

7 charging party Einhorn.

8

9

FOURTH CLAIM OF RELIEF

10

Retaliation

11

14. Since at least October, 1996, Pinnacle Nissan has engaged in

12 and is continuing to engage in unlawful employment practices by retaliating

13 .against a class of employees, which includes charging parties, for opposing

14 unlawful employment practices and participating in an investigation into the

15 unlawful practices in violation of Section 704 of Title VII, § 2000e-3(a). The

16 retaliatory conduct includes, but is not limited to, threatening current and

17 former employees with legal action because of their involvement in

18 -protected activity.

19

15. The unlawful employment practices outlined above were

20 intentional.

21

16. Pinnacle Nissan engaged in the unlawful employment

22 practices outlined above in reckless indifference to the federally protected

23 rights of the charging parties and a class of employees of middle-eastern

24 descent.

25

PRAYER FOR RELIEF

26

Wherefore, the Commission respectfully requests that this Court:

27

A. Grant a permanent injunction enjoining Pinnacle Nissan, its

28 officers, successors, assigns, and all persons in active concert or

4

"~-"

1 participation with it, from engaging in discrimination on the basis of national

2 origin, religion or retaliation.

3

B. Order Pinnacle Nissan to institute and carry out policies,

4 practices, and programs which provide equal employment opportunities for

5 employees and which eradicate the effects of their past and present

6 unlawful employment practices.

7

C. Order Pinnacle Nissan to make whole charging parties and a

8 class of employees of middle-eastern descent by providing appropriate

9 back pay with prejudgment interest, in amounts to be determined at trial,

10 and other affirmative relief necessary to eradicate the effects of their

11 unlawful employment practices.

12

D. Order Pinnacle Nissan to make whole charging parties and a

13 class of employees of middle-eastern descent by providing compensation

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

15 practices described above in amounts to be determined at trial

16

E. Order Pinnacle Nissan to make whole charging parties and a

17 class of employees of middle-eastern descent by providing compensation

18 for past and future non-pecuniary losses resulting from the unlawful

19 practices complained of above including emotional pain, suffering, loss of

20 enjoyment of life, and humiliation in amounts to be determined at trial.

21

F. Order Pinnacle Nissan to pay punitive damages for their

22 malicious and/or reckless disregard to the federally protected rights of

23 .charging parties and a class of employees of middle-eastern descent

24 described above, in amounts to be determined at trial.

25

G. Grant such further relief as the Court deems necessary and

26 proper in the public interest.

27

H. Award the Commission its costs of this action.

28

5

1

JURY DEMAND

2

The Commission respectfully requests a trial by jury on all

3 appropriate Claims for Relief set forth in this Complaint.

4

DATED this )..tlday of ~f(k",1 be1 2000.

5

Respectfully submitted,

6

C. GREGORY STEWART

General Counsel

7

8

GWENDOLYN YOUNG REAMS Associate General Counsel

9

EQUAL EMPLOYMENT

10

OPPORTUNITY COMMISSION 1801 L Street N.W.

11

Washington, D.C. 20507

12
13

RI~f: R. ~@?
Regional Attorney

14

15

C. EMANUEL SMITH

16 17

Supervisory Trial Attorney
Q.~~

18

P. DAVID LOPEZ
Tiial Attomey

19 20

~GI/1-~ .'

21

Trial Attorney

22

EQUAL EMPLOYMENT

23

OPPORTUNITY COMMISSION

24

Phoenix District Office

25

3300 N. Central Ave'A Suite 690 Phoenix, Arizona 85u12

26

(602) 640-5016 Attorneys for Plaintiff

27

28

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1

FILED

LODGED

2

RECEIVED _ COpy

_LODGED

3

FEB 1 8 2003

_COpy

4

FEB 2 1 2003

5

CLERK lJ S D1Sifil'ICT COURT

DISiRICT OF A1ltl~A

"lY

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CLER/( us 0
_BY fJ/STFllor IS'Tfi! COURT

6

-'=;;==~b:/ZONA
DSPUTY

7

8 IN THE UNITED STATES DISTRICT COURT
9
FOR THE DISTRICT OF ARIZONA
10

11 Equal ~l11ployment Opportunity Commission,
12 Plaintiff,
13
and 14
Samuel Darmo; Amer Darmo; and 15 Samuel Einhorn,

CIV 00-1872 PHX MHM CONSENT DECREE

16

Intervenors,

17

vs.

18 Pinnacle Nissan, Inc., et aI.,

19

Defendants.

}

20 ----~)

21

The United States Equal Employment Opportunity Commission (lithe

22 Commission" or "EEOC") filed this action against Pinnacle Nissan, Inc. to enforce

23 Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e et seq. (Title VII) and

24 the Civil Rights Act of 1991,42 U.S.C. §1981a. In the Commission's Amended

25 Complaint, the Commission alleges that Pinnacle Nissan has subjected a class of

26 employees to a hostile work environment due to their national origin and

27 subjected Samuel Einhorn to a hostile work environment due to his religion. In

28 addition, the Commission alleges that employees were retaliated against for

i

I~ ._---_._~---~~----------~·

._. .

,.

1 opposing discriminatory practices.

2

Pinnacle Nissan has timely filed answers to the Amended Complaint and at

3 all times denied the allegations in the Amended Complaint.

4

It is understood that this Consent Decree does not constitute an admission

5 by" Pinnacle Nissan of any violation under Title VII of the Civil Rights Act of 1964,

6 as amended, and that all allegations of liability are expressly denied by Pinnacle

7 Nissan..

8

The parties to this Consent Decree have decided to resolve this matter on

9 the following terms.

10

The parties do not object to the jurisdiction of the Court over this action and

11 waive their rights to a hearing and the entry of findings of fact and conclusions of

12 law and to a jury trial.

13

It is hereby ORDERED, ADJUDGED AND DECREED:

14

1. This Decree resolves all claims by the Commission and Intervenors,

15 including all claims asserted by the Commission on behalf of class members

16 Bassam Abazly, Claudio Guzelli, Sal De Luna, Mike Madrid, Sam Darmo, Amer

17 Darmo, and Samuel Einhorn and Intervenors Sam Darmo, Amer Darmo, and

18 Samuel Einhorn against Pinnacle Nissan, including claims for discrimination,

19 harassment, constructive discharge, retaliation, back pay, compensatory

20 damages, punitive damages, interest, declaratory relief, injunctive relief,

21 attorney's fees and costs arising out of the issues in this lawsuit and its underlying"

22 and related charges.

23

GENERAL INJUNCTIVE RELIEF

24

2. Pinnacle Nissan and its officers, agents, employees, successors,

25 assigns and all persons in active concert or participation with it, agree for the

26 duration of the Decree that they will not (a) discriminate based on national origin

27 or religion, or"(b) retaliate against any employee because he or she (i) opposed

28
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-_._---_ _ .... - - - _ . _ - - - - - - _. _ .. - -

1 discriminatory practices made unlawful by Title VII, (ii) filed a charge or is

2 assisting or participating in the filing of a charge of discrimination, or (iii) assisted

3 or participated in an investigation or proceeding brought under Title VII.

4

APPOINTMENT OF OMBUDSPERSON

5

3. Consistent with the purposes of the Decree to avoid discrimination

6 and enable Pinnacle Nissan to be a model employer in the area of anti-

7 discrimination and equal employment opportunity, within 60 (sixty) days of the

8 entry of the Decree, Pinnacle Nissan's President will appoint an Ombudsperson,

9 with the approval of the Commission, to serve at least during the term of the

10 Decree. This Ombudsperson shall report directly to Pinnacle Nissan's President

11 and his or her services may be terminated only for cause.

l

12

4. The Ombudsperson will be eXclusively responsible at Pinnacle

13 Nissan for (a) reviewing and, if necessary, revising Pinnacle Nissan's anti-

14 discrimination policies; (b) establishing a meaningful diversity awareness

15 program, as set forth below; (c) receiving, investigating and maintaining all

16 records of all complaints of discrimination; (d) disciplining and terminating

17 employees for violation of Pinnacle Nissan's anti-harassment policies; (e)

18 evaluating employees in the area of anti-discrimination/equal employment

19 opportunity, as set forth in Paragraph 10 below; and (f) piepaiing reports to the

20 Commission, as required by this Decree.

21

CORRECTIVE POLICIES AND PRACTICES

22

5. Pinnacle Nissan will post, for the duration of this Decree, in a

23 prominent place frequented by its employees at its facilities. the notice attached

24 as Exhibit A. The notice shall be the same type, style and size as Exhibit A.

25

6. Pinnacle Nissan will institute and carry out policies and practices

26 that help assure a work environment free from national origin, racial, and religious

27 discrimination for its employees and that allows employees to raise concerns or

28
3

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.

~.

.

.

~

~

1 complaints without retaliation about matters, whether alleged, perceived, or

2 actual, made unlawful by Title VII.

3

7. Pinnacle Nissan will provide training on national origin, race, and

4 religious discrimination and retaliation, according to the following terms:

5

A. Pinnacle Nissan will retain and pay for consultant/lecturer(s),

6 acceptable to the Commission, who will provide consultation and training as set

7 forth below for a period of two years from the date of this Decree. At least sixty

8 (60) days prior to the proposed training session, Pinnacle Nissan shall submit the

9 name(s), address(es), telephone number(s) and resume(s) of the proposed

10 consultant/lecturer(s), together with the dates of the proposed training session

11 and an outline of the contents of the training to the Regional Attorney, Equal

12 Employment Opportunity Commission, 3300 North Central Avenue, Suite 690,

13 Phoenix, Arizona 85012. The Commission shall have 30 days from the date of

14 receipt of the information described above to accept or reject the proposed

15 consultant/lecturer and/or the contents of the seminar. In the event the

16 Commission does not approve the designated consultant/lecturer and/or the

17 contents of the training, the Commission and Pinnacle Nissan shall attempt in

18 good faith to resolve the matter.

19

8. During each of the next two years, the consuitantllecturer(s)

20 will conduct one live seminar training session each year. The live session shall

21 be for taping purposes and will be for General Managers, supervisors, human

22 resource personnel and top management. All of Pinnacle Nissan's supervisory,

23 human resource, and management employees, who are employed by Pinnacle

24 Nissan, shall attend the live seminar sessions in each year. All of Pinnacle

25 Nissan's non-supervisory employees shall watch the videotaped showing of the

26 live session each year. Pinnacle Nissan shall keep a written record of all

27 employees who are required to watch the Videotaped training and who attend the

28
4

1 live training. Pinnacle Nissan may at its election have duplicative videotaped

2 sessions to accommodate staffing needs. Pinnacle Nissan shall be responsible

3 for any additional costs to provide such duplicative sessions.

4

C. During the first year, the seminar-training session shall be

5 conducted within four months of the entry of this Decree. For the second year,

6 the seminar-training session shall be conducted between 8 and 10 months after

7 the completion of the preceding session.

8

D. The seminar-training sessions shall be no less than three

9 hours, including 30 minutes of questions and answers. All personnel, designated

10 in paragraph B, shall both register and attend the seminar-training session. The

11 registry of attendance shall be retained by Pinnacle Nissan for the duration of the

12 Decree.

13

E. The seminars will include the subjects of diversity awareness,

14 what constitutes race. national origin, and religious discrimination. as well as

15 retaliation for engaging in protected activity under Title VII of the Civil Rights Act

16 of 1964. This training will cover discrimination in the hiring, firing, compensation,

17 assignment or other terms, conditions or privileges of employment; the prevention

18 of discrimination; how to provide a work environment free from discrimination.

19 harassment and retaliation; and to whom and by what means empioyees may

20 complain if they feel they have been subjected to discrimination, harassment or

21 retaliation in the workplace. The session shall also review and explain the

22 policies set out in Paragraph 8 of this Decree.

23

F. During the live training sessions, Pinnacle Nissan's

24 Ombudsperson shall read a letter from the President, if he is not there, and will

25 speak to the employees about the discipline that can be taken against

26 supervisors, managers and employees who commit acts of discrimination,

27 harassment or retaliation or allow discrimination, harassment or retaliation to

28
5

1 .occur in the workplace, the importance of maintaining an environment free of 2 discrimination, and its anti:-discrimination policies, in accordance with Paragraph

3 8 of this Decree.

4

G. The Commission, at its discretion and with prior notice to

5 Pinnacle Nissan, may designate Commission representatives to attend in the first

6 seminar-training session. The representatives shall have the right to fully

7 participate in the session.

8

8. Within thirty days of the entry of this Decree, Pinnacle Nissan will

9 review and, if necessary, revise its written policies concerning discrimination and

10 retaliation to conform with the law and submit the policy for review to the Regional

11 Attorney of the Phoenix District Office of the EEOC. This written policy must

12 include at a minimum:

13

A. A strong and clear commitment to a workplace free of

14 religious, race and national origin discrimination;

15

B. A clear and strong encouragement of persons who believe

16 they have been discriminated against to come forward;

17

C. A description of the consequences, up to and including

18 termination, that will be imposed upon violators of the policy;

19

n
LJ.

'oth'" 1/I.\ p"'i''omII iI.";,;,)"v, "v·lmu..... ,V...oIf I..I..I.QA I III ....... le ~I vQ.;";')i.1..'". I "v 'onI fiMIUeI..l.Lt·;C"U,lliLtY" e.."''''n''' P oIf.V...I....... I~VI.;;) YY IV

20 believe that they have been discriminated against in violation of the policy;

21

E. An assurance of non-retaliation for persons who believe they

22 have been discriminated against and witnesses;

23

F. That national origin, religious, and racial discrimination by all

24 persons, including management officials, supervisors, vendors, suppliers, third

25 parties and customers is prohibited and will not be tolerated;

26

G. The identification of specific alternative individuals, including

27 the Ombudsperson, with their telephone numbers, to whom employees who have

28
6.

-',.. ./

1 been subjected to discrimination can report the discrimination and who have the

2 authority to investigate allegations of discrimination in a neutral and confidential

3 manner.

4

H. A written statement that the employee may report the

5 harassment to designated persons outside of his or her chain of management

6 should the complainant believe managers in the chain of command have a

7 conflict of

8 interest, are implicated in the allegations, or may not adequately investigate the

9 complaint.

10

I. Assurances that Pinnacle Nissan will investigate allegations

11 of national origin, race and religious discrimination promptly, fairly, reasonably

12 and effectively by appropriate investigators and that appropriate corrective action

13 to make victims whole and to eradicate the discrimination; and

14

J. Information regarding the employee's right to file a charge of

15 discrimination with the EEOC or the Arizona Civil Rights Division.

16

9. These policies shall be posted in a prominent location at the

17 dealership. These policies shall be transmitted to Pinnacle Nissan's employees

18 by its President and distributed to each current employee within thirty days of the

19 entry of the Decree. These policies shall be distributed to all new employees

20 when hired. These policies also shall be posted in a prominent place frequented

21 by the employees.

22

10. Pinnacle Nissan shall institute a procedure which evaluates the

23 General Manager, managers, supervisors and applicable human resources

24 personnel on their performance in responding to complaints of discrimination and

25 for their compliance with EEO laws, including Title VII. The failure of such an

26 employee to enforce the policies and the anti-discrimination laws must result in

27 appropriate disciplinary action.

28 7

,, ,'

1

11. Pinnacle Nissan shall promptly, reasonably and appropriately

2 investigate all complaints of national origin, religious, and racial discrimination, as

3 appropriate. The investigation must include a finding of whether discrimination

4 occurred, a credibility assessment, interviews of all potential victims and

5 witnesses identified, and concurrent notes of the investigation, as appropriate.

6 Pinnacle Nissan shall take immediate appropriate corrective action to make

7 discrimination victims whole, to discipline violators and to eradicate the

8 discrimination, as appropriate.

9

12. Pinnacle Nissan shall not retain documents related to any such

10 investigation referred to in Paragraph 11 in any of the complainant's personnel

11 files. All disciplinary actions taken against employees for violation of any

12 aforementioned policy will be retained in the violator's personnel file. In those

13 cases in which no conclusion could be reached on the allegations, the

14 investigation documents shall be maintained in a separate file.

15

13. Copies of all complaints of discrimination must be prOVided to the

16 Ombudsperson.

17

REPORTING BY PINNACLE NISSAN AND ACCESS BY EEOC

18

14. Pinnacle Nissan shall report in writing to the Regional Attorney of the

19 'Commission's Phoenix District Office at 3300 N. Centrai Ave., Suite 690,

20 Phoenix, Arizona 85012, beginning six months from the date of the entry of this

21 Decree, and thereafter every six months for the duration of the Decree the

22 following information:

23

A. Any changes, modifications, revocations, or revisions to its

24 policies and procedures which concern or affect the subject of race, national

25 origin, or religious discrimination, or retaliation.

26

B. The registry of persons attending the live seminars required in

27 Paragraph 7 of this Decree, a list of current personnel employed by Pinnacle

28 8

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.. -.~----- ------~--------_ ..

. _ - - - - - - - - . _ - _......_ . _ - - - - - - - - - - - - - _....

,.

,.

..:

1 Nissan on the days of the seminar~training sessions, and a copy of the written

2 record required for the videotaped training sessions required in Paragraph 7.

3

C. Confirmation that (i) the Notice required in Paragraph 5 of this

4 Decree was posted and the locations where it was posted, (ii) the policies

5 required in Paragraph 8 were distributed to each current and new employee and

6 posted, and (iii) the expungement from each charging party and class member's

7 personnel file as required in Paragraph 12 of this Decree took place, the date of

8 the expungement, and the specific documents expunged.

9

15. The Commission, upon seven (7) days written notice to Pinnacle

10 Nissan's Ombudsperson, shall have the right to enter and inspect Pinnacle

11 Nissan's premises to insure compliance with this Decree and Title VII's

12 prohibition of race, national origin, and religious discrimination, as well as

13 retaliation.

14

MONETARY RELIEF

15

16. Pinnacle Nissan agrees to pay the Commission and Intervenors the

16 amount of $ 361,451.00 pursuant to Exhibit B and paragraphs 17 and 18.

17

17. Within fourteen (14) business days of the entry of this Decree,

18 Pinnacle Nissan shall pay the appropriate settlement amounts separately to each

19 EEOC charging party and class membei by check, cashiei's check, Oi money

20 order, in accordance with Exhibit B. These payments represent settlement of

21 compensatory damages. Pinnacle Nissan will issue 1099 forms for all payments.

22

18. The checks provided for in Paragraph 17 of this Decree shall be

23 mailed directly by Pinnacle Nissan to each charging party and class member at

24 the addresses supplied by the Commission. Within three business days of

25 issuance of the checks, Pinnacle Nissan shall submit a copy of each check and

26 related correspondence to the Regional Attorney, Equal Employment Opportunity

27 Commission, 3300 North Central Avenue, Suite 690, Phoenix, Arizona, 85012.

28
9

_ _ - - - ._-----~_.

._--_.~-~._-_._---~--~---

.' ~ .'

1 Issuance and mailing of the checks shall constitute compliance with the payment

2 obligation set forth herein.

3

19. Within fourteen (14) days of the entry of this Decree, Pinnacle

4 Nissan shall pay $ 159,549.00 to Steve Montoya for attorney's fees, in full and

5 final settlement for any and all claims for attorney's fees and costs associated

6 with the claims of any class members, including, without limitation, the intervening

7 class members.

8

20. Pinnacle Nissan will not condition the receipt of the individual relief

9 on a claimant's agreement to: (a) maintain as confidential the terms of this

10 Decree; or (b) waive his statutory right to file a charge with any federal or state

11 anti-discrimination agency.

12

MISCELLANEOUS NON-MONETARY INDIVIDUAL RELIEF

13

21. Pinnacle Nissan will expunge from the personnel files of each

14 charging party and class member all references to the charges of discrimination

15 filed against Pinnacle Nissan or their participation in this action, and any

16 derogatory documents which related to complaints or investigation of

17 discrimination.

18

22. In response to all future employment inquiries regarding charging

19 parties or class members, Pinnacie Nissan wiii provide a written reference which

20 states the dates of employment and does not state that the person was

21 terminated for cause.

22

COSTS AND DURATION

23

23. Each party will bear its costs and attorney's fees, except as provided

24 herein, incurred as a result of this action through the filing of this Decree.

25

24. The duration of this Decree will be two years from its entry. This

26 Court will retain jurisdiction over this action for the duration of the Decree, during

27 which the Commission may petition this Court for compliance with this Decree.

28

10

... .

....-.

1 Should the Court determine that Pinnacle Nissan has not complied with this

2 Decree, appropriate relief, including extension of this Decree for such period as

3 may be necessary to remedy its non-compliance, may be ordered. This Decree

4 will expire by its own terms at the end of twenty four months from the date of

5 entry, without further action by the parties.

6

26. The parties agree to entry of this Decree and jUdgment subject to

7 final approval by the Court.

:

~ ~ ~, ENTERED AND ORDERED this J,.o-'haay of

..

2003.

10

I

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

,.

1 APPROVED AND CONSENTED TO:

2 Pinnacle Nissan, Inc., by: 3

4

5 6 Secretary, Pinnacle Nissan, Inc.

7

8

9

La . Franze
10 M. Brett Burns

11

Akin Gump Strauss Hauer & Feld LLP 1700 Pacific Avenue, Suite 4100

12 Dallas, Texas 75201
Attorneys for Pinnacle Nissan

13

14

15

16

17

18

19
20

21

22

23

24
25

26

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
_t., brwtNMJ ~
C. EMANUEL SMITH Supervisory Trial Attorney
P:DAVIDLOPEZ ~ Trial Attorney
-s-~ SALLY C. NLEY Trial Attorney Phoenix District Office 3300 North Central Avenue, Suite 690 Phoenix, Arizona 85012 Attorneys for Plaintiff
ICES OF STEPHEN G. A Central Ave., Suite 520 , Arizona 8500

12

--------- _.~~~_.~~~--

 
 ....-""
STEPHEN G. MONTOYA
ATTORNEY AT LAW
2 411 NORTH CENTRAL AVENUE, STE. 520
PHOENIX, ARIZONA 85004
3 (602) 256-6718
(fax) 254·6667
4
Attorney for Intervening Plaintiffs
5

_1-+---------...

FILED

_ LODGeO

~nFU\lF,:O _ OOj:lY

·..DEC 142000

CLeRK u '.' Ul':;' I r""lII.. 1 ' ...\)U~I

DIS leT OF ARIZONA

BY

OEPUTY

6

IN THE UNITED STATES DISTRICT COUR

7

FOR THE DISTRICT OF ARIZONA

8 9 Sam Darmo, Amer Darmo, and Samuel Einhorn, 10 plaintiffs, 1 1 vs. 12 Pinnacle Nissan, Inc., 13 defendant.

CIV No. 00-1872 PHX LOA
COMPLAINT IN INTERVENTION
(Jury Trial Demanded)

14 For their complaint against defendant Pinnacle Nissan, Inc., plaintiffs allege the
15 following:

JURISDICTION

This is an action seeking equitable relief and money damages for racial

discrimination, national origin discrimination, religious discrimination, and retaliation

in the workplace brought by plaintiffs against defendant Pinnacle Nissan, Inc.,

pursuant to the Civil Rights Act of 1866, 42 U.S.C. § 1981, and Title VII of the

Civil Rights Act of 1964, 42 U.S,C. §2000e, as amended by Title I of the Civil

Rights Act of 1991, 42 U.S.C. § 1981 a.

This Court has jurisdiction over this action pursuant to 28 U.S.C. § § 1331 and

1343(4) .

Venue is proper in the District of Arizona pursuant to 28 U.S.C. § 1391 (b) and 42
u.s.e.§ 2000e-5(f)(3).

Pinnacle Nissan caused events to occur in Maricopa County, Arizona which g've

.........

1

rise to this complaint.

2

PARTIES

3 5. Plaintiffs Samuel Darmo and Amer Darmo are of Assyrian ancestry. They reside

4

in Maricopa County, Arizona.

5 6. Plaintiff Samuel Einhorn is of Jewish ancestry and faith. He resides in Maricopa

6

County, Arizona.

7 7. Defendant Pinnacle Nissan, Inc., is a corporation doing business in Maricopa

8

COl:lnty, Arizona.

9 8. Pinnacle Nissan, Inc., owns and operates an automobile dealership in Scottsdale,

10

Arizona.

11 9. At all times material to this Complaint, Pinnacle Nissan has continuously been an

12

employer engaged in an industry affecting commerce within the meaning of

13

Sections 701 (b), (g) and (h) of Title VII of the Civil Rights Act of 1964, 42 U.S.C.

14

. § 2000e, and has had at least 15 employees for each working day for at least

15

twenty days during the past calender year.

16

MATERIAL FACTS

17 10. Plaintiff Sam Darmo was employed as a salesperson by Pinnacle Nissan from

18

December 1996 to February 25,1998.

19 11. Plaintiff Amer ("Gino") Darmo was employed as a salesperson by Pinnacle Nissan

20

from June 1997 to February 15,1998.

21 12. Plaintiff Samuel Einhorn was employed as a salesperson by Pinnacle Nissan from

22 23 13.

November 1996 to March 9,1998.
Pinnacle Nissan engaged in a pattern and practice of discriminating against its

24

employees (including plaintiffs) on the basis of race, national origin, and religion

25

by subjecting them to pervasive racial and religious epithets (and other similar

26

derogatory, racially charged comments) in the workplace.

27 14. For example, through its managers Mark Wimberly, Mark Doinidis, and Charles

28

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1 2 3 4 5 15. 6 7 8 16. 9 10 11 12 17. 13 14 15 16 18. 17 18 19 20 19. 21 22 23 20. 24 25 21. 26 27 28

Grosso, Pinnacle Nissan degraded its employees (including plaintiffs Sam Darmo and Amer Darmo) by regularly referring to them individually and collectively as IIsand-niggers," "terrorists, II and "camel-jockeys," and by belittling Assyrian culture in general. Pinnacle Nissan's senior managers also regularly referred to Pinnacle Nissan employees of Jewish ancestry and/or faith (including plaintiff Samuel Einhorn) as IIkikes" and "fat Jew bastards." Knowing that plaintiff Samuel Einhorn's parents were survivors of the Holocaust, Pinnacle Nissan's senior managers also told Mr. Einhorn that they IIw ishledl Hitler would have killed all of you Jews" and altered Mr. Einhorn's pay stub to read IIHeavy Hitler." Moreoverl in the presence of plaintiffs, Pinnacle Nissan's senior managers and salespeople routinely referred to Pinnacle Nissan's customers as '/kikes/' IIdotheads /" "niggers/" IIspics," II wet-backs/" IIporch-monkeys/" IItowel-heads,11I1sandniggers/' and IIcamel-jockeys," etc. These comments were sufficiently pervasive and severe to create an unlawful hostile working environment at Pinnacle Nissan and to detrimentally change the terms and conditions of employment of Pinnacle Nissan's employees, including plaintiffs. When Pinnacle Nissan's employees (including plaintiffs) complained of Pinnacle Nissan's discriminatory practicesI Pinnacle Nissan retaliated against them by threatening them with termination. Pinnacle Nissan took no effective corrective actions in response to plaintiffs' complaints of a hostile working environment at Pinnacle Nissan. Nor did Pinnacle Nissan take any preventive measures to prevent discriminatory harassment in the workplace by implementing an anti-harassment educational policy.
-3-

1 22. After plaintiffs' repeated complaints of harassment in the workplace were

2

consistently ignored by Pinnacle Nissan's senior management, plaintiffs were

3

constructively discharged by Pinnacle Nissan in February and March of 1998.

4 23. As a result of Pinnacle Nissan's discriminatory conduct as summarized above,

5

plaintiffs have suffered lost wages, intense pain and suffering, humiliation, and

6

other compensable damages.

7 24. The discriminatory practices complained of above were perpetrated by Pinnacle

8

Nissan with malice and/or reckless indifference to plaintiffs' federally protected

9

rights.

10 25. As of the end of September 2000, an unlawful, discriminatory work environment

11

continued to exist at Pinnacle Nissan, and its senior managers continued to

12

routinely refer to their subordinates and customers as "niggers," "sand-niggers,"

13

"wetbacks," "spies," "kikes," and "Jew bastards."

14 26. Plaintiffs filed charges of discrimination with the Equal Employment Opportunity

15

Commission ("EEOC") within 300 days of Pinnacle Nissan's last discriminatory act

16

and have satisfied all conditions precedent to the filing of this action.

17 27. On May 5, 2000, upon completion of its investigation of plaintiffs' charges, the

18

EEOC issued a Determination that there was cause to conclude that Pinnacle

19

Nissan had unlawfully discriminated against plaintiffs based on ethnicity, race, and

20

religion, a true and correct copy of which is attached hereto as Exhibit A.

21 28. Pursuant to Rule 38 (b) of Federal Rules of Civil Procedure, plaintiffs hereby

22

exercise their right to demand a trial by jury.

23

PRAYER FOR RELIEF

24

Based on the foregoing, plaintiffs respectfully request the Court to award plaintiffs

25 the following relief against Pinnacle Nissan:

26

A. Issue a declaratory judgement declaring that Pinnacle Nissan's conduct

27

violated plaintiffs' rights under the Civil Rights Act of 1866, 42 U.S.C. §

28

-4-

---- ...... ...

"~

1

1981, and the Civil Rights Act of 1964, 42 U.S.C. § 2000e, as amended by

2

the Civil Rights Act of 1991, 42 U.S.C. § 1981a;

3

B. Issue a permanent injunction enjoining Pinnacle Nissan from engaging in

4

racial discrimination, national origin discrimination, religious discrimination,

5

and retaliation;

6

C. Issue a permanent injunction requiring Pinnacle Nissan to implement and

7

enforce policies which provide equal employment opportunities for its

8

employees and which eradicate the effects of its past discriminatory

9

practices;

10

D. Issue plaintiffs awards of back pay and front pay against Pinnacle Nissan;

11

E. Award plaintiffs nominal damages against Pinnacle Nissan in the amount of

12

one dollar;

13

F. Award plaintiffs compensatory damages against Pinnacle Nissan in an

14

amount to be determined at trial;

15

G. Award plaintiffs punitive damages against Pinnacle Nissan in an amount to

16

be determined at trial; and

17

H. Award plaintiffs all other relief that is just, equitable, and appropriate under

18

the circumstances.

19

RESPECTFULLY SUBMITTED this 11 th day of October 2000.

20

21

22

23 Attorney for Intervening Plaintiffs
24

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-5-

.,.,

1 Original and one copy filed this 11 th day of October 2000J with the Clerk of the United States District Court
2 for the District of Arizona UNITED STATES COURTHOUSE
3 230 North First Avenue Phoenix, J\.rizona 85025
4

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. ..- .
EXHIBIT A

.
(l)t • '~..: "~f' .1'....., ...

....~..

'.~

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Phoenix District Office

3300 N: Central Avenue, Suite 690

Phocnht. AZ 85012-2504 (602) 640·5000
TTY (602) 640-5072 FAX (602) 640·5071

Charge No. 350-99-0039

Sam Einhorn' 9537 E. Rockwood Scottsdale, Arizona 85255
Pinnacle Nissan 7601 E. Frank Lloyd Wright Scottsdale, Arizona 85260

Charging Party Respondent

Automotive Investment Group 1550 E. Missouri, Suite 300 Phoenix, Arizona 85014

Respondent

AMENDED DETERMINATION
I issue the following amended determination on the merits of this charge.
Respondent is an employer within the meaning of Title VII of the Civil Rights Act of 1964, as amended of the Civil Rights Act of 1964, as amended, 42 U.S.C. ZOOOe, et seq. and timeliness, and all other requirements for coverage have been met.
Charging Party claims he was subjected to continuous racial and etlmic slurs directed at him by management employees, and a hostile work environment in which racial and etlmic comments, jokes and insults were directed against all etlmic, and racial minority employees and customers. As a result of the intolerable conditions to which he was subjected, he quit his job on March 9, 1998.
Examination of the evidence reveals that Respondent subjected Charging Party to unlawful
harassment based on race, national origin and religion. This conduct includes, but is not limited to, derogatory comments made by Respondents' manage~ent officials about Charging Party's Jewish religion and heritage and Respondent's failure to take appropriate remedial action.
In addition, the Commission finds that Respondent discriminated against a class of individuals by subjecting them to harassment based on national origin or religion and failing to take appropriate remedial action.

\ ......--~

The Commission has held and continues to hold that an employer has a duty to maintain a working environment free of harassment based on race, color, religion sex, national origin age or disability and that the duty requires positive action where necessary to eliminate such practices or remedy their effects. .
The Commission has detennined Respondent retaliated against a class of employees who engaged in a protected activity under Section 704(a) of Title VII.
Accordingly, I find reasonable cause to believe Respondent violated Title VII.
No finding is made regarding any other issues which may have been raised by the charge.
Upon finding that there is reason to believe that violations have occurred, the Commission attempts to eliminate the alleged unlawful practices by informal methods of conciliation. Therefore, the Commission now invites the parties to join with it in reaching ajust resolution of this matter. The confidentially provisions of Title VII and the Commission Regulations apply to infonnation obtained during conciliation.
If Respondent declines settlement or when, for any other reason, a settlement acceptable to the office Director is not obtained, the Director will inform the parties and advise them of the court enforcement alternatives available to aggrieved persons and the Commission. A Commission representative will contact each party in the near future to begin conciliati'on.

_)- ..;" c ()
Date

.-Q~'~
an-charles D. Burtner
IJ . District Director

u.s. EQUAL-'EMPLOYMENT OPPORTUNITY COMMISSION

Phoenix District Office

3300 ,,!. Central Avenue, Suile 690 Phoenix. Az 85012·2504 (602) 640-5000 TIV (602) 640-5072 FAX (602) 640-5071

Charge No. 350-99~0037

AmerDanno. 13394 N. 74'h Lane Peoria, Arizona 85381
Pinnacle Nissan 760 I E. Frank Lloyd Wright Scottsdale, Arizona 85260
Automotive Investment Group, Inc. t 550 E. Missouri, Suite 300 Phoenix, Arizona 85014

Charging Party Respondent Respondent

AMENDED DETERMINATION
I issue the fonowing amended determination on the merits of this charge.
Respondent is an employer within the meaning of Title VII of the Civil Rights Act of 1964, as amended of the Civil Rights Act of 1964, as amended, 42 U.S.c. 2000e, et seq. and timeliness, and all other requirements for coverage have been met.
Charging Party claims he was subjected to continuous racial and etlmic slurs directed at him by management employees, and a hostile work environment in which racial and ethnic comments, jokes and insults were directed against all ethnic, and racial minority employees and customers. As a result of the intolerable conditions to which he was subjected, he quit his job on February 15,1998.
Examination of the evidence reveals that Respondent subjected Charging Party to unlawful harassment based on race and national origin. This conduct includes, but is not limited to, derogatory comments made by Respondents' management officials about Charging Party's national origin and Respondent's failure to take appropriate remedial action. Further the Commission finds as a result of this treatment, Charging Party was constructively discharged.

-....·"

In addition, the Commission finds that Respondent discriminated against a class of individuals by subjecting them to harassment based on national origin or religion and failing to take appropriate remedial action.
The Commission has held and continues to hold that an employer has a duty to maintain a working envirorunent free of harassment based on race; color, religion sex, national origin age or disability and that the duty requires positive action where necessary to eliminate such practices or remedy their effects.
The Commission has determined Respondent retaliated against Charging Party and a class of
employees who engaged in a protected activity under Section 704(a) ofTitle vn.
Accordingly, I find reasonable cause to believe Respondent violated Title VII.
.Upon finding that there is reason to believe that violations have occurred, the Commission attempts to eliminate the alleged unlawful practices by informal methods ofconciliation. Therefore, the C~mmission now invites the parties to join with it in reaching a just resolution of this matter. The confidentially provisions ofTitle VII and the Commission Regulations apply to information obtained during conciliation.
If Respondent declines settlement or when, for any other reason, a settlement acceptable to the office Director is not obtained, the Director will inform the parties and advise them of the court enforcement alternatives available to aggrieved persons and the Commission. A Commission representative will contact each party in the near future to begin conciliation.

5-S-tJO
Date

G2c+f.~ ~CharlesD. Burtner District Director

- - - - - _._--_._-----------

.....,.
u.s. EQUAL""EMPLOYMENT OPPORTUNITY COMMISSION

Phoenix District Office

3300~. Central Avenue, Suile 690

Phoenix. AZ 850\2-2504

(602) 640-5000

TTY (602) 640-5072

FAX (602) 640-507\

Charge No. 350-99-0038

Sam Darmo , 13394 N. 741h Lane Peoria. Arizona 85381
Pinnacle Nissan 7601 E. Frank Lloyd Wright Scottsdale, Arizona 85260
Automotive Investment Group, Inc. 1550 E. Missouri, Suite 300 Phoenix. Arizona 85014

Charging Party Respondent Respondent

AMENDED DETERMINATION
I issue the following amended detennination on the merits of this charge.
Respondent is an employer within.the meaning of Title VII of the Civil Rights Act of 1964, as amended of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e, et seq. and timeliness, and all other requirements for coverage have been met.
Charging Party claims he was subjected to continuous racial and etlmic slurs directed at him by management employees, and a hostile work environment in which racial and ethnic comments, jokes and insults were directed against all ethnic, and racial minority employees and customers. As a result ofthe intolerable conditions to which he was subjected, he quit his job on February 15,1998.
Examination of the evidence reveals that Respondent subjected Charging Party to unlawful harassment based on race and national origin. This conduct includes, but is not limitet;l. to, derogatory comments made by Respondents' management officials about Charging Party's national origin and Respondent's failure Lo Lake appropriate remedial action. Further the Commission finds as a result of this treatment, Charging Party was constructively discharged.

·.

""!:•.••

In addition, the Commission finds that Respondent discriminated against a class of individuals by subjecting them to harassment based on national origin or religion and failing to take appropriate remedial action.
The Commission has held and continues to hold that an employer has a duty to maintain a working environment free of harassment based on race, color, religion sex, national origin age or disability and that the duty requires positive action where: necessary to eliminate such practices or remedy their effects.
The Commission has determined Respondent retaliated against Charging Party and a class of employees who engaged in a protected activity under Section704(a) of Title VII.
Accordingly, I find reasonable cause to believe Respondent violated Title VII.
Upon finding that there is reason to believe that violations have occurred, the Commission attempts to eliminate the alleged unlawful practices by infonnal methods of conciliation. Therefore, the Commission now invites the parties to join with it in,reaching ajust resolution of this matter. The confidentially provisions of Title VII and the Commission Regulations apply to information obtained during conciliation.
If Respondent declines settlement or when, for any other reason, a settlement acceptable to the office Director is not obtained, the Director will infonn the parties and advise them of the court enforcement alternatives available to aggrieved persons and the Commission. A Commission representative will contact each party in the near future to begin conciliation.

QJ~

Date

~ Charles D. Buttner

District Director

 
 CM/ECF - azd - Docket Report

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PROTO, STD, TERMED
U.S. District Court DISTRICT OF ARIZONA (Phoenix Division) CIVIL DOCKET FOR CASE #: 2:00-cv-01872-MHM

EEOC v. Pinnacle Nissan Inc, et al Assigned to: Judge Mary H Murguia Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 09/29/2000 Date Terminated: 02/21/2003 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by C Emanuel Smith EEOC 3300 N Central Ave Ste 690 Phoenix, AZ 85012-1848 602-640-5033 Fax: 602-640-5009 Email: emanuel.smith@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

Sally Clifford Shanley EEOC 3300 N Central Ave Suite 690 Phoenix, AZ 85012-1848 602-640-5007 Fax: 602-640-5009 Email: sally.shanley@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sandra J Padegimas EEOC 3300 N Central Ave

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CM/ECF - azd - Docket Report
V. Defendant Pinnacle Nissan Inc
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Ste 690 Phoenix, AZ 85012-1848 602-640-5061 Fax: 602-640-5009 Email: sandra.padegimas@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Laura M Franze Akin Gump Strauss Hauer & Feld LLP 1700 Pacific Ave Ste 4100 Dallas, TX 75201 214-969-2799 Fax: 214-969-4248 Email: lfranze@akingump.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Lonnie James Williams Quarles & Brady LLP 1 Renaissance Sq 2 N Central Ave Phoenix, AZ 85004-2391 602-229-5300 Fax: 602-420-5001 Email: lwilliams@quarles.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Matthew Drew Mitchell Snell & Wilmer LLP 1 Arizona Ctr 400 E Van Buren Phoenix, AZ 85004-0001 602-382-6000 Fax: 602-382-6070 Email: mmitchell@swlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael Brett Burns Akin Gump Strauss Hauer & Feld LLP 1700 Pacific Ave Ste 4100 Dallas, TX 75201-4618 214-969-2800
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CM/ECF - azd - Docket Report
Intervenor Plaintiff Samuel Darmo
Intervenor Plaintiff Amer Darmo Intervenor Plaintiff Samuel Einhorn
V. Intervenor Defendant Pinnacle Nissan Inc Defendant ABC Nissan d/b/a Automotive Investment Group, Inc.
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Fax: 214-969-4343 Email: bburns@akingump.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephanie K Osteen Akin Gump Strauss Hauer & Feld LLP 1700 Pacific Ave Ste 4100 Dallas, TX 75201-4618 214-969-2800 Fax: 214-969-4343 Email: sosteen@akingump.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Stephen G Montoya Montoya Jimenez PA 3200 N Central Ave Ste 2550 Phoenix, AZ 85012 602-256-6718 Fax: 602-256-6667 Email: sgmlegal@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Stephen G Montoya (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Stephen G Montoya (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

represented by Laura M Franze (See above for address) LEAD ATTORNEY

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ATTORNEY TO BE NOTICED
Lonnie James Williams (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Matthew Drew Mitchell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael Brett Burns (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/29/2000 10/05/2000 10/11/2000
10/23/2000 10/30/2000
11/01/2000
11/02/2000
11/03/2000 11/03/2000 11/06/2000

#

Docket Text

1 COMPLAINT FILED (MAP) (Entered: 10/02/2000)
2 RETURN OF SERVICE EXECUTED (summons/complaint) upon Statutory Agent for dft Pinnacle Nissan Inc on 9/29/00 (MAP) (Entered: 10/06/2000)
3 MOTION to intervene as plaintiffs in order to assert the claims set forth in the proposed complaint against Pinnacle Nissan by Sam Darmo, Amer Darmo, Samuel Einhorn (complaint in intervention attached as exhibit A) [3-1] (former emp) Modified on 11/07/2000 (Entered: 10/12/2000)
4 ANSWER by dft Pinnacle Nissan Inc (MAP) (Entered: 10/25/2000)
5 ORDERED that pla EEOC show cause for failure to comply with Local Rule 1.2(e); show cause hearing set for 1:30 11/20/00 for EEOC before Judge Stephen M. McNamee (cc: counsel/AL) (MAP) (Entered: 10/30/2000)
6 ORDERED that intervenor Samuel Darmo, intervenor Amer Darmo show cause for failure to comply with Local Rule 1.2(e); show cause hearing set for 1:30 11/20/00 for Amer Darmo, for Samuel Darmo before Judge Stephen M. McNamee (cc: all counsel/AL) (MAP) (Entered: 11/01/2000)
7 ORDER by Mag Judge Lawrence O. Anderson re procedures as it relates to General Order (Local Rule 1.2(e)) (cc: all counsel) re: order [7-1] (MAP) (Entered: 11/02/2000)
8 Party agrees to mag judge jurisdiction ; show cause hearing ddl satisfied 11/3/00 (MAP) (Entered: 11/07/2000)
9 NOTICE OF ERRATA by intervenors (all) to Motion to Intervene [3-1] (MAP) (Entered: 11/07/2000)
10 Party agrees to mag judge jurisdiction ; show cause hearing ddl satisfied 11/6/00 (MAP) (Entered: 11/07/2000)

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11/14/2000 11/15/2000 11/16/2000
11/22/2000
11/29/2000 12/08/2000 12/13/2000
12/14/2000 01/08/2001 01/08/2001
01/12/2001 01/16/2001

11 ORDERED that dft Pinnacle Nissan Inc show cause for failure to comply with Local Rule 1.2(e); show cause hearing set for 1:30 12/4/00 for EEOC before Judge Stephen M. McNamee (cc: all counsel/AL) (MAP) (Entered: 11/14/2000)
12 Party elects assignment of case to district judge ; mag election form ddl satisfied 11/15/00 ; show cause hearing ddl satisfied 11/15/00 (MAP) (Entered: 11/16/2000)
13 MINUTE ORDER that pursuant to Local Rule 1.2(e), a request has been received for a random reassignment of this case to a District Judge FURTHER ORDERED Case reassigned by random draw to Judge Roslyn O. Silver All further pleadings should now list the following COMPLETE case number: CIV-00-1872-PHX-ROS FURTHER ORDERED that the Order to Show Cause hearing scheduled for 12/4/00 is hereby vacated (cc: all counsel/LOA/ROS) [13-2] (MAP) (Entered: 11/16/2000)
14 (RESPONSE) NOTICE OF NON OPPOSITION by dft Pinnacle Nissan Inc to motion to intervene as plaintiffs in order to assert the claims set forth in the proposed complaint against Pinnacle Nissan by Sam Darmo, Amer Darmo, Samuel Einhorn (complaint in intervention attached as exhibit A) [3-1] (former emp) (Entered: 11/28/2000)
15 NOTICE by pla EEOC of preparedness for scheduling of Rule 16 Conference (former emp) (Entered: 12/05/2000)
16 ORDER SETTING SCHEDULING CONFERENCE by Judge Roslyn O. Silver prel scheduling conf set for 9:00 1/26/01 (cc: all counsel) (MAP) (Entered: 12/08/2000)
17 ORDER by Judge Roslyn O. Silver granting motion to intervene as plaintiffs in order to assert the claims set forth in the proposed complaint against Pinnacle Nissan by Sam Darmo, Amer Darmo, Samuel Einhorn [3-1]; Clerk of the Court file the applicants' complaint attached to their motion to intervene, so the complaint may be served upon defendant (cc: all counsel) (former emp) (Entered: 12/13/2000)
18 COMPLAINT IN INTERVENTION FILED (former emp) (Entered: 12/14/2000)
19 ANSWER to complaint in intervention by dft Pinnacle Nissan Inc (former emp) (Entered: 01/09/2001)
20 MOTION to dismiss case by dft Pinnacle Nissan Inc [20-1] , or in the alternative for judgment on the pleadings with respect to intervenors' claims for violation of 42 U.S.C. Subsection 1981; by dft Pinnacle Nissan Inc [20-2] , to compel arbitration of intervenors' claims by dft Pinnacle Nissan Inc [20-3] (former emp) (Entered: 01/09/2001)
21 DECLARATION by dft Pinnacle Nissan Inc re motion to compel arbitration of intervenors' claims by dft Pinnacle Nissan Inc [20-3] [20-3] (former emp) (Entered: 01/12/2001)
22 JOINT PROPOSED CASE MANAGEMENT PLAN: joint pretrial order deadline shall be completed 45 days after resolution of discovery; Discovery cutoff 12/21/01 Motion filing ddl is 45 days after the close of discovery (former emp) (Entered: 01/17/2001)

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01/17/2001 01/19/2001 01/22/2001 01/22/2001 01/22/2001 01/26/2001
01/26/2001
01/30/2001
02/02/2001 02/05/2001
02/12/2001 02/12/2001

23 NOTICE by dft Pinnacle Nissan Inc of service of request for production of documents and tangible things to pla EEOC (former emp) (Entered: 01/18/2001)
24 NOTICE by pla EEOC of service of pla EEOC's first set of non-uniform interrogatories, first request for production of documents, and first request for admissions to dft (former emp) (Entered: 01/23/2001)
25 NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by pla EEOC (former emp) (Entered: 01/23/2001)
26 NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by dft Pinnacle Nissan Inc (former emp) (Entered: 01/23/2001)
27 NOTICE by dft Pinnacle Nissan Inc of service of request for production of documents and tangible things to intervenors (former emp) (Entered: 01/23/2001)
28 RESPONSE by intervenor-plaintiff, intervenor-defendant to motion for judgment on the pleadings with respect to intervenors' claims for violation of 42 U.S.C. Subsection 1981; by dft Pinnacle Nissan Inc [20-2], motion to compel arbitration of intervenors' claims by dft Pinnacle Nissan Inc [20-3] (former emp) (Entered: 01/29/2001)
30 MINUTE ENTRY before Judge Roslyn O. Silver Crt Rptr: Gary Moll Appearances: P. David Lopez and Sally Shanley for pla EEOC. Stephen Montoya for intpla Darmo. Lonnie Williams for intpla Pinnacle Nissan. Preliminary scheduling conference held: Rule 16 hearing agenda reviewed. The Court will allow additional discovery of pla on an expedited basis. Any additional parties are to be resolved by 4/21/01. Pla's amended complaint is due 3/8/01. Counsel are to submit a Rule 16 Order by 2/9/01. [cc: CD] [30-1] re: minute entry [30-1] (former emp) (Entered: 01/30/2001)
29 The Court has ORDERED that effective February 1, 2001, the above captioned matter is reassigned to Judge Mary H. Murguia for all further proceedings. Any hearing, conference, or trial scheduled on or after 2/1/2001 in this action is vacated and will be reset by the Court. Counsel are to file a Joint Status Report in accordance with the attached order by 2/22/2001. All further pleadings and papers filed in this action should bear the complete case number and judge's initials, as shown above. (cc: all counsel), PREL SCHEDULING CONF VACATED; [29-1] (MAP) (Entered: 01/30/2001)
31 MOTION (stipulation) to extend time for dft to 2/5/01 to file reply in support of its motion to dismiss by dft, pla [31-1] (DMT) (Entered: 02/05/2001)
32 REPLY by dft Pinnacle Nissan Inc to response to motion for judgment on the pleadings with respect to intervenors' claims for violation of 42 U.S.C. Subsection 1981; by dft Pinnacle Nissan Inc [20-2], motion to compel arbitration of intervenors' claims by dft Pinnacle Nissan Inc [20-3] (LAD) (Entered: 02/06/2001)
33 NOTICE of service of first supplemental disclosure statement pursuant to FRCivP 26(a) by pla EEOC (former emp) (Entered: 02/12/2001)
34 MOTION for leave to amend complaint by pla EEOC [34-1] (former emp) Modified on 08/14/2001 (Entered: 02/13/2001)

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02/12/2001
02/14/2001
02/14/2001
02/20/2001 02/22/2001 02/26/2001 02/26/2001 02/26/2001 02/26/2001
02/26/2001 02/26/2001
03/01/2001
03/01/2001 03/05/2001
03/06/2001 03/06/2001 03/06/2001

35 MEMORANDUM IN SUPPORT by pla EEOC of motion for leave to amend complaint by pla EEOC [34-1] (former emp) Modified on 08/14/2001 (Entered: 02/13/2001)
36 CITATION OF SUPPLEMENTAL authorities in support of their response in opposition to dft's motion for judgment on the pleadings regarding the statute of limitations by intervenor-plaintiffs to [28-1] (former emp) (Entered: 02/15/2001)
37 MOTION to strike dft's reply to intervening plas' response to dft's motion for judgment on the pleadings by intervenor-plaintiffs [37-1] (former emp) (Entered: 02/15/2001)
38 NOTICE by pla EEOC of service of pla EEOC's response to dft;s first request for production of documents (former emp) (Entered: 02/21/2001)
89 JOINT STATUS REPORT (former emp) (Entered: 05/01/2001)
39 NOTICE by dft Pinnacle Nissan Inc OF TAKING DEPO OF Amer Darmo on the following date(s): 3/8/01 (former emp) (Entered: 02/27/2001)
40 NOTICE by dft Pinnacle Nissan Inc OF TAKING DEPO OF EEOC on the following date(s): 3/8/01 (former emp) (Entered: 02/27/2001)
41 NOTICE by dft Pinnacle Nissan Inc OF TAKING DEPO OF Samuel Einhorn on the following date(s): 3/8/01 (former emp) (Entered: 02/27/2001)
42 RESPONSE by dft Pinnacle Nissan Inc to motion to strike dft's reply to intervening plas' response to dft's motion for judgment on the pleadings by intervenor-plaintiffs [37-1] (former emp) (Entered: 02/27/2001)
43 NOTICE by dft Pinnacle Nissan Inc OF TAKING DEPO OF Sam Darmo on the following date(s): 3/8/01 (former emp) (Entered: 02/27/2001)
44 STIPULATION by all parties that Pinnacle Nissan may have an extension of time (one week) to file a response to pla's EEOC's motion to amend complaint (former emp) (Entered: 02/27/2001)
45 REPLY by intervenor-plaintiff in support of motion to strike dft's reply to intervening plas' response to dft's motion for judgment on the pleadings by intervenor-plaintiffs [37-1] (former emp) (Entered: 03/05/2001)
46 RESPONSE by dft Pinnacle Nissan Inc to intervenors' improper sur reply [45-1] (former emp) (Entered: 03/05/2001)
47 ORDER by Judge Mary H. Murguia: granting stipulation; granting Pinnacle Nissan an extension to file its response to pla's motion to amend on 3/6/01 (cc: all counsel) (former emp) (Entered: 03/05/2001)
48 MOTION for pro hac vice by Laura M Franze for dft Pinnacle Nissan Inc [48-1] (former emp) (Entered: 03/07/2001)
49 MOTION for pro hac vice by Stephanie Osteen for dft Pinnacle Nissan Inc [49-1] (former emp) (Entered: 03/07/2001)
50 MOTION for pro hac vice by Michael B Burns for dft Pinnacle Nissan Inc [50-1] (former emp) (Entered: 03/07/2001)

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03/06/2001 03/06/2001 03/08/2001 03/12/2001 03/12/2001 03/13/2001 03/13/2001 03/13/2001 03/14/2001 03/19/2001 03/19/2001 03/21/2001 03/21/2001
03/23/2001 03/26/2001

51 OPPOSITION (RESPONSE) by dft Pinnacle Nissan Inc to motion for leave to amend complaint by pla EEOC [34-1] (former emp) Modified on 08/14/2001 (Entered: 03/07/2001)
55 MOTION for pro hac vice by Laura Franze for dft Pinnacle Nissan Inc [55-1] (former emp) Modified on 04/24/2001 (Entered: 03/12/2001)
52 JOINDER in pla EEOC's motion to amend the complaint by intervenor-plaintiffs, [34-1] (former emp) (Entered: 03/09/2001)
53 ORDER by Judge Mary H. Murguia granting motion for pro hac vice by Laura M Franze for dft Pinnacle Nissan Inc [48-1] (cc: all counsel) (former emp) (Entered: 03/12/2001)
54 ORDER by Judge Mary H. Murguia granting motion for pro hac vice by Michael B Burns for dft Pinnacle Nissan Inc [50-1] (cc: all counsel) (former emp) (Entered: 03/12/2001)
56 ORDER by Judge Mary H. Murguia: granting motion for pro hac vice by Stephanie Osteen for dft Pinnacle Nissan Inc [49-1] (cc: all counsel) (former emp) (Entered: 03/13/2001)
57 TRANSCRIPT of scheduling conference by Court Reporter: GMoll for the following date(s): 1/26/01 (former emp) (Entered: 03/14/2001)
58 MOTION to order the EEOC to engage in good faith conciliation efforts by dft Pinnacle Nissan Inc [58-1] (former emp) (Entered: 03/14/2001)
59 STIPULATION and request by all parties to extend time until 3/23/01 for pla EEOC to file a reply to dft's response to pla's motion to amend complaint (former emp) (Entered: 03/15/2001)
60 ORDER by Judge Mary H. Murguia: granting stipulation; the deadline for pla EEOC's reply to dft's response to pla's motion to amend complaint is extended to 3/23/01 (cc: all counsel) (former emp) (Entered: 03/19/2001)
61 NOTICE by pla EEOC of service of pla's EEOC's second set of non-uniform interrogatories and second request for production of documents to dft (former emp) (Entered: 03/20/2001)
62 MINUTE ORDER status hearing is set for 11:00AM, Wednesday, 4/4/01 (cc: all counsel) [62] (former emp) (Entered: 03/21/2001)
63 MINUTE ORDER setting motion to dismiss case [20-1], motion for judgment on the pleadings with respect to intervenors' claims for violation of 42 U.S.C. Subsection 1981 [20-2] and motion to compel arbitration of intervenors' claims by dft Nissan Inc [20-3] at 2:00PM, 5/25/01 (cc: all counsel) [63] (former emp) (Entered: 03/21/2001)
64 REPLY by pla EEOC to response to motion for leave to amend complaint by pla EEOC [34-1] (former emp) Modified on 08/14/2001 (Entered: 03/26/2001)
65 MOTION to stay lawsuit pending ruling on arbitration issues by dft Pinnacle Nissan Inc [65-1] , request for expedited relief (re: depositions) by dft Pinnacle Nissan Inc [65-2] , for interim relief (re depositions) by dft Pinnacle Nissan Inc [65-3] (former emp) Modified on 04/24/2001 (Entered: 03/27/2001)

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03/26/2001 03/30/2001 03/30/2001 03/30/2001 04/04/2001 04/04/2001
04/05/2001 04/06/2001 04/06/2001 04/06/2001 04/11/2001

66 OPPOSITION by dft Pinnacle Nissan Inc to intervening plas' joinder in pla EEOC's motion to amend complaint (oral argument requested) [52-1] (former emp) (Entered: 03/27/2001)
67 RESPONSE by intervenor-plaintiff to motion to order the EEOC to engage in good faith conciliation efforts by dft Pinnacle Nissan Inc [58-1] (former emp) (Entered: 04/02/2001)
68 RESPONSE by intervenor-plaintiff to motion to stay lawsuit pending ruling on arbitration issues by dft Pinnacle Nissan Inc [65-1] (former emp) (Entered: 04/03/2001)
69 RESPONSE by pla EEOC to motion to compel good faith conciliation (arbitration of intervenors' claims) by dft Pinnacle Nissan Inc [20-3] (former emp) (Entered: 04/03/2001)
REMARK as to Pinnacle Nissan Inc atty M. Brett Burns Akin Gump Strauss Hauer & Feld 1700 Pacific Ave Ste 4100 Dalls TX 75201 removed from database for noncompliance w/admission deadline of 03/18/01 pty represented by other counsel (BAS) (Entered: 04/04/2001)
70 MINUTE ENTRY before Judge Mary H. Murguia Crt Rptr: M.SANCHEZ Present: David Lopez and Kathy Kruse for pltf; Stephen Montoya for intpla; Michael Burns, Shelly Shanley and Lonnie Williams for dft. Status hearing held. Counsel have agreed on discovery ddls and will file proposed scheduling order; disc ddl 1/15/01; mot ddl 4/8/02. Court denies motion to stay. Dft to file supplemental brief on pending motion to dismiss [20] by 4/18/01; pltf's response due 5/2/01; dft's reply due 5/11/01; hearing will be 5/25/01 1t 2:00PM. Court finds the motion to extend time for dft to 2/5/01 to file reply in support of its motion to dismiss [31] moot. Court will allow the depositions that are currently noticed to be taken and will allow the 3 30(b)(6) depositions as requested by counsel. [70] (former emp) (Entered: 04/04/2001)
71 UNOPPOSED REQUEST (MOTION) for an extension of time in which to file their reply to dft's response to opposition to intervening plas' motion to amend their complaint by intervenor-plaintiff [71-1] (former emp) (Entered: 04/06/2001)
72 NOTICE by dft Pinnacle Nissan Inc OF TAKING VIDEO DEPO OF Sam Darmo on the following date(s): 4/17/01 (former emp) (Entered: 04/09/2001)
73 NOTICE by dft Pinnacle Nissan Inc OF TAKING VIDEO DEPO OF Armer Darmo on the following date(s): 4/16/01 (former emp) (Entered: 04/09/2001)
74 REPLY by dft Pinnacle Nissan Inc to response to motion to stay lawsuit pending ruling on arbitration issues by dft Pinnacle Nissan Inc [65-1], motion to order the EEOC to engage in good faith conciliation efforts by dft Pinnacle Nissan Inc [58-1] (former emp) (Entered: 04/09/2001)
75 ORDER by Judge Mary H. Murguia granting motion for an extension of time in which to file their reply to dft's response to opposition to intervening plas' motion to amend their complaint by intervenor-plaintiff [71-1] - until and including 4/20/01 (cc: all counsel) (CMM) (Entered: 04/11/2001)

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04/12/2001 04/16/2001 04/16/2001 04/17/2001 04/17/2001 04/18/2001 04/20/2001 04/20/2001 04/20/2001 04/20/2001
04/20/2001 04/26/2001 04/27/2001 05/02/2001
05/02/2001

76 SURREPLY by dft Pinnacle Nissan Inc to pla EEOC's reply to dft's response to motion for leave to file amended complaint [64-1] (former emp) (Entered: 04/16/2001)
79 Advisory to the Court by pla EEOC regarding discovery dispute (former emp) (Entered: 04/17/2001)
80 MOTION extension of deadline to identify victims and memorandum of points and authorities by pla EEOC [80-1] (former emp) (Entered: 04/17/2001)
77 NOTICE by dft Pinnacle Nissan Inc OF TAKING DEPO OF Dana Ozen on the following date(s): 4/25/01 (former emp) (Entered: 04/17/2001)
78 NOTICE by dft Pinnacle Nissan Inc OF TAKING DEPO OF Orlando Garcia on the following date(s): 4/25/01 (former emp) (Entered: 04/17/2001)
81 AMENDED MOTION to compel arbitration by dft Pinnacle Nissan Inc [81-1] , to stay and supporting brief by dft Pinnacle Nissan Inc [81-2] (former emp) Modified on 06/28/2001 (Entered: 04/19/2001)
82 AMENDED NOTICE by dft Pinnacle Nissan Inc OF TAKING DEPO OF Orlando Garcia on the following date(s): 4/25/01 (former emp) (Entered: 04/20/2001)
83 AMENDED NOTICE by dft Pinnacle Nissan Inc OF TAKING DEPO OF Dana Auzenne on the following date(s): 4/25/01 (former emp) (Entered: 04/20/2001)
84 NOTICE by pla EEOC of additional persons on whose behalf it will seek relief (former emp) (Entered: 04/23/2001)
85 REPLY by intervenor-plaintiff Samuel Darmo, intervenor-plaintiff Amer Darmo, intervenor-plaintiff Samuel Einhorn to response to motion for leave to amend complaint (intervening pla's are in joinder to motion to amend complaint) by pla EEOC [34-1] (former emp) Modified on 08/14/2001 (Entered: 04/23/2001)
86 NOTICE by pla EEOC of withdrawal of advisory to court regarding discovery dispute without prejudice (former emp) (Entered: 04/23/2001)
88 RESPONSE in opposition to dft's motion to file a surreply (motion not filed with the Court) by pla EEOC and CROSS-MOTION to strike improper surreply by pla EEOC [88-1] (RE: ) (former emp) (Entered: 04/30/2001)
87 NOTICE by pla EEOC OF TAKING DEPO OF designated person to testify on behalf of Pinnacle Nissan on the following date(s): 5/15/01 (former emp) (Entered: 04/30/2001)
90 RESPONSE in opposition to dft's motion to compel arbitration by intervenor-plaintiffs and CROSS-MOTION for partial summary judgment by intervenor-plaintiffs [89-1] (RE: [81-1] ) (former emp) Modified on 05/10/2001 (Entered: 05/07/2001)
91 STATEMENT OF FACTS by intervenor-plaintiffs in support of their motion for partial summary judgment by intervenor-plaintiffs [89-1] (former emp) Modified on 05/10/2001 (Entered: 05/07/2001)

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05/02/2001 05/02/2001 05/03/2001 05/04/2001 05/04/2001 05/08/2001 05/09/2001 05/09/2001
05/10/2001
05/14/2001 05/14/2001 05/15/2001

92 RESPONSE by pla EEOC to motion to compel arbitration by dft Pinnacle Nissan Inc [81-1], motion to stay and supporting brief by dft Pinnacle Nissan Inc [81-2] (former emp) Modified on 05/10/2001 (Entered: 05/07/2001)
97 RESPONSE by intervenor-plaintiff to motion to stay this litigation pending the resolution of dft's motion to compel arbitration by dft Pinnacle Nissan Inc [81-2] (former emp) (Entered: 05/10/2001)
93 NOTICE by intervenor-plaintiffs of filing the affidavit of Sam Darmo (former emp) Modified on 05/10/2001 (Entered: 05/07/2001)
94 NOTICE by dft Pinnacle Nissan Inc of service of dft Pinnacle Nissan, Inc's second request for production of documents and tangible things to pla Equal Employment Opportunity Commission (former emp) Modified on 05/10/2001 (Entered: 05/07/2001)
119 RESPONSE by dft Pinnacle Nissan Inc to motion for extension of deadline to identify potential class members by pla EEOC [80-1] (former emp) Modified on 06/05/2001 (Entered: 06/01/2001)
95 SUBMISSION (MOTION) regarding additional time to depose EEOC Officer Orlando Santos Garcia by Pinnacle Nissan Inc [95-1] (former emp) (Entered: 05/09/2001)
96 EEOC's position re additional time Orlando Garcia's testimony (former emp) (Entered: 05/09/2001)
99 MINUTE ENTRY before Mag Judge Virginia A. Mathis: discovery matter regarding the Garcia deposition was referred to Judge Mathis for decision; granting motion regarding additional time to depose EEOC Officer Orlando Santos Garcia by Pinnacle Nissan Inc [95-1] [99-2]; deposition of Mr Garcia will be limited to 7 hours pursuant to Rule 30 Fed.R.Civ.P. (former emp) (Entered: 05/14/2001)
98 UNOPPOSED MOTION AND STIPULATION OF DFT PINNACLE NISSAN, INC for extension time to file its (1) reply to EEOC's response to dft's amended motion to compel arbitration, amended motion to stay and supporting brief; (2) reply to intervening pla's response in opposition to dft's motion to compel arbitration; and (3) reply to intervening pla's response in opposition to dft's motion to stay by dft Pinnacle Nissan Inc [98-1] (former emp) (Entered: 05/14/2001)
100 MINUTE ORDER status hearing is set for 11:30AM, 5/15/01; pltf's counsel to arrange for conference call to 322-7580. (cc: all counsel) [100] (former emp) (Entered: 05/14/2001)
101 RESPONSE by dft Pinnacle Nissan Inc to motion to strike improper surreply by pla EEOC [88-1] (former emp) (Entered: 05/15/2001)
102 MINUTE ENTRY before Judge Mary H. Murguia Crt Rptr: M.SANCHEZ BY tele: David Lopez for pltf; Lonnie Williams, Stephen Montoya and Michael BUrns for dfts. Status hearing held; hearing will go forward on motion to dismiss or compel arbitration on 5/25/01. [102] (former emp) (Entered: 05/15/2001)

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05/16/2001 05/16/2001 05/17/2001 05/17/2001 05/17/2001 05/17/2001 05/18/2001 05/18/2001 05/21/2001
05/21/2001
05/21/2001

103 STIPULATION and request by all parties to extend time until 5/17/01 for dft Pinnacle Nissan to file a reply to pla's response to dft's amended motion to compel arbitration, amend.... (former emp) (Entered: 05/17/2001)
104 STIPULATION and request to extend time until 5/18/01 for pla EEOC to file a reply to dft's response to pla's motion for extension of deadline to identify victims (former emp) (Entered: 05/17/2001)
105 MOTION for protective order prohibiting counsel for intervenors and the EEOC from inquiring into the personal income of Mr Allan Cady, Larry Van Tuyl and similar executive by dft Pinnacle Nissan Inc [105-1] (former emp) (Entered: 05/17/2001)
106 REPLY by dft Pinnacle Nissan Inc to Intervenors' response in support of its amended motion to compel arbitration by dft Pinnacle Nissan Inc [81-1] (former emp) (Entered: 05/18/2001)
107 REPLY by dft Pinnacle Nissan Inc to pla's response in further support of its amended motion to compel arbitration by dft Pinnacle Nissan Inc [81-1] (former emp) (Entered: 05/18/2001)
108 REPLY by dft Pinnacle Nissan Inc to intervenors' response in further support of its motion to stay pending arbitration by dft Pinnacle Nissan Inc [81-2] (former emp) (Entered: 05/18/2001)
109 REPLY by pla EEOC to response to motion for extension of deadline to identify victims and memorandum of points and authorities by pla EEOC [80-1] (former emp) Modified on 05/22/2001 (Entered: 05/21/2001)
110 AMENDED NOTICE by pla EEOC OF TAKING DEPO OF Pinnacle Nissan on the following date(s): 5/24/01 (former emp) (Entered: 05/21/2001)
111 ORDER by Judge Mary H. Murguia granting motion for extension of time to file its (1) reply to EEOC's response to dft's amended motion to compel arbitration, amended motion to stay and supporting brief; (2) reply to intervening pla's response in opposition to dft's motion to compel arbitration and (3) reply to intervening pla's response in opposition to dft's motion to stay by dft Pinnacle Nissan Inc [98-1]; Pinnacle Nissan shall have until 5/16/01 to file it reply briefs (cc: all counsel) (former emp) Modified on 05/31/2001 (Entered: 05/21/2001)
112 ORDER by Judge Mary H. Murguia: granting stipulation; the deadline for Pinnacle Nissan to file a reply to pla's response to dft's amended motion to compel arbitration, amend motion to stay, and supporting brief, and intervening plas' response in opposition to dft's motion to compel arbitration and intervening plas' response in opposition to dft's motion to stay is extended from 5/16/01 to 5/17/01 (cc: all counsel) (former emp) Modified on 06/05/2001 (Entered: 05/21/2001)
113 ORDER by Judge Mary H. Murguia: granting stipulation; the deadline for EEOC's reply to dft's response to pla's motion for extension of deadline to identify victims is extended from 5/16/01 to 5/18/01 (cc: all counsel) (former emp) Modified on 06/05/2001 (Entered: 05/21/2001)

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05/22/2001 05/23/2001 05/25/2001
05/31/2001 05/31/2001 06/04/2001 06/04/2001 06/04/2001 06/04/2001 06/05/2001 06/11/2001 06/12/2001 06/12/2001

114 NOTICE by intervenor-plaintiff of supplemental authorities in which the Ninth Circuit refused to conclude that a decision by the US Supreme Court had been overruled by subsequent opinions of the US Supreme Court (former emp) (Entered: 05/23/2001)
115 OBJECTIONS by dft Pinnacle Nissan Inc to Magistrate Judge Mathis' 5/9/01 ruling denying additional time to depose Orlando Santos Garcia [99-2] (former emp) (Entered: 05/24/2001)
116 MINUTE ENTRY before Judge Mary H. Murguia Crt Rptr: M.SANCHEZ Present: David Lopez for pltf; Stephen Montoya for intpla; Lonnie Williams and Laura Franze for dft. Argument heard. taking under advisement on 5/25/01 the motion to dismiss case by dft Pinnacle Nissan Inc [20-1], taking advisement on 5/25/01 the motion for judgment on the pleadings with respect to intervenors' claims for violation of 42 U.S.C. Subsection 1981; by dft Pinnacle Nissan Inc [20-2], taking under advisement on 5/25/01 the motion to compel arbitration of intervenors' claims by dft Pinnacle Nissan Inc [20-3] [116] (former emp) (Entered: 05/25/2001)
117 NOTICE by pla EEOC OF TAKING DEPO OF Mark Wimberly on the following date(s): 6/26/01 (former emp) (Entered: 06/01/2001)
118 AMENDED NOTICE by pla EEOC OF TAKING DEPO OF Pinnacle Nissan on the following date(s): 6/6/01 (former emp) (Entered: 06/01/2001)
120 RESPONSE by intervenor-plaintiff to motion for protective order prohibiting counsel for intervenors and the EEOC from inquiring into the personal income of Mr Allan Cady, Larry Van Tuyl and similar executive by dft Pinnacle Nissan Inc [105-1] (former emp) (Entered: 06/05/2001)
121 OPPOSITION (RESPONSE) by dft Pinnacle Nissan Inc to motion for partial summary judgment by intervenor-plaintiffs [89-1](former emp) Modified on 03/26/2002 (Entered: 06/05/2001)
122 STATEMENT OF FACTS by dft Pinnacle Nissan Inc in opposition to motion for partial summary judgment by intervenor-plaintiffs [89-1] [90-1] (former emp) (Entered: 06/05/2001)
121 MOTION to strike summary judgment evidence by dft Pinnacle Nissan Inc [121-1] (redocketed to correct entry made by original docket entry; not originally docketed as a motion) (REW) (Entered: 03/26/2002)
123 NOTICE by pla EEOC of service of pla EEOC's response to dft's second request for production of documents (former emp) (Entered: 06/06/2001)
124 NOTICE by dft Pinnacle Nissan Inc OF TAKING DEPO OF Terrance Love on the following date(s): 6/14/01 (former emp) (Entered: 06/12/2001)
125 NOTICE by dft Pinnacle Nissan Inc OF TAKING VIDIO DEPO OF Bassam Abazly on the following date(s): 6/21/01 (former emp) (Entered: 06/13/2001)
126 NOTICE by dft Pinnacle Nissan Inc OF TAKING VIDEO DEPO OF Terrance Love on the following date(s): 6/21/01 (former emp) (Entered: 06/13/2001)

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06/12/2001 06/14/2001
06/15/2001
06/19/2001 06/28/2001 07/02/2001 07/12/2001 07/13/2001 07/13/2001 07/13/2001 07/24/2001 07/25/2001
07/27/2001 07/27/2001

127 NOTICE by pla EEOC OF TAKING DEPO OF Larry Swislow on the following date(s): 6/21/01 (former emp) (Entered: 06/13/2001)
129 REPLY by dft Pinnacle Nissan Inc to response to motion for protective order prohibiting counsel for intervenors and the EEOC from inquiring into the personal income of Mr Allan Cady, Larry Van Tuyl and similar executive by dft Pinnacle Nissan Inc [105-1] (former emp) (Entered: 06/18/2001)
128 ORDER by Judge Mary H. Murguia granting motion to dismiss case by dft Pinnacle Nissan Inc (per CD does not close case) [20-1]; granting motion judgment on the pleadings with respect to intervenors' claims for violation of 42 U.S.C. Subsection 1981; by dft Pinnacle Nissan Inc [20-2]; denying motion to strike dft's reply to intervening plas' response to dft's motion for judgment on the pleadings by intervenor-plaintiffs [37-1] denying motion to compel arbitration of intervenors' claims by dft Pinnacle Nissan Inc [20-3]; denying motion to compel arbitration by dft Pinnacle Nissan Inc [81-1] (cc: all counsel) (former emp) (Entered: 06/15/2001)
130 AMENDED NOTICE by pla EEOC OF TAKING DEPO OF Larry Swislow on the following date(s): 6/21/01 (former emp) (Entered: 06/20/2001)
131 ORDER by Judge Mary H. Murguia: the Court denies dft's request to set aside Judge Mathis' ruling (cc: all counsel) (former emp) (Entered: 06/28/2001)
132 NOTICE of service of second supplemental disclosure statement pursuant to FRCivP 26(a) by pla EEOC (former emp) (Entered: 07/03/2001)
133 NOTICE of service of third supplemental disclosure statement pursuant to FRCivP 26(a) by pla EEOC (former emp) (Entered: 07/12/2001)
138 NOTICE of Interlocutory Appeal by Pinnacle Nissan Inc from District Court order [128-1] (cc: 9CCA/all counsel/judge) (REW) (Entered: 07/31/2001)
139 REPRESENTATION STATEMENT by dft Pinnacle Nissan Inc re NOTICE of Interlocutory Appeal [138-1] (REW) (Entered: 07/31/2001)
Received $105.00 appeal fee re NOTICE of Interlocutory Appeal [138-1] (REW) (Entered: 07/31/2001)
134 MOTION for Rule 35 Mental Examinations of plas Sam Darmo, Amer Darmo and Samuel Einhorn by dft Pinnacle Nissan Inc [134-1] (former emp) (Entered: 07/25/2001)
135 STIPULATION by EEOC and Pinnacle Nissan to withdraw moot motion extension of deadline to identify victims and memorandum of points and authorities by pla EEOC [80-1], response [108-1], and reply [119-1] (former emp) (Entered: 07/26/2001)
136 ADDENDUM to motion to amend complaint by intervenor-plaintiff [34-1] (former emp) Modified on 08/14/2001 (Entered: 07/30/2001)
137 NOTICE by dft Pinnacle Nissan Inc OF TAKING DEPO OF Arizona Department of Economic Security on the following date(s): 8/20/01 (former emp) (Entered: 07/30/2001)

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07/31/2001 08/03/2001 08/06/2001 08/10/2001 08/13/2001
08/13/2001 08/14/2001
08/14/2001
08/14/2001 08/14/2001 08/14/2001
08/22/2001 08/23/2001 08/24/2001

Civil Appeals Docketing Statement forwarded to 9th Circuit re NOTICE of Interlocutory Appeal [138-1] (REW) (Entered: 07/31/2001)
141 STIPULATION to extend time for pla and intervening plas to respond to dfts' motion for Rule 35 Mental Examinations [134-1] by all parties (REW) (Entered: 08/13/2001)
140 NOTICE of service of fourth supplemental disclosure statement pursuant to FRCivP 26(a) by pla EEOC (former emp) (Entered: 08/07/2001)
143 Transcript Designation and Ordering Form by dft Pinnacle Nissan Inc re NOTICE of Interlocutory Appeal [138-1]; ordering transcript for hearing of 5/25/01 (REW) (Entered: 08/14/2001)
142 ORDER by Judge Mary H. Murguia granting stipulation to extend time until 8/14/01 for pla and intervening plas to respond to dfts' motion for Rule 35 Mental Examinations [134-1] by all parties, re: motion [134-1] (cc: all counsel) (REW) (Entered: 08/13/2001)
144 Notice of Transcript Designation by dft Pinnacle Nissan Inc re NOTICE of Interlocutory Appeal [138-1]; no transcript to be designated (not proper form) (REW) (Entered: 08/14/2001)
145 ORDER by Judge Mary H. Murguia granting motion to order the EEOC to engage in good faith conciliation efforts by dft Pinnacle Nissan Inc [58-1] ; stay deadline set for 10/15/01 , case stayed as to entire action for 60 days while parties participate in good faith conciliation efforts (cc: all counsel/9CCA) (REW) (Entered: 08/14/2001)
146 ORDER by Judge Mary H. Murguia granting motion for leave to amend complaint by pla EEOC [34-1]; granting Joinder in pla EEOC's motion to amend the complaint by intervenor-plas, [34-1]; denying dft's request for oral argument (request included in response #66); denying motion to strike improper surreply by pla EEOC [88-1] (cc: all counsel/9CCA) (REW) (Entered: 08/14/2001)
147 FIRST AMENDED COMPLAINT by pla EEOC ;; jury demand [18-1], [1-1] (REW) (Entered: 08/14/2001)
149 RESPONSE by pla EEOC to motion for Rule 35 Mental Examinations of plas Sam Darmo, Amer Darmo and Samuel Einhorn by dft Pinnacle Nissan Inc [134-1] (REW) (Entered: 08/23/2001)
150 RESPONSE by intervenor-plaintiff Samuel Darmo, intervenor-plaintiff Amer Darmo, intervenor-plaintiff Samuel Einhorn to motion for Rule 35 Mental Examinations of plas Sam Darmo, Amer Darmo and Samuel Einhorn by dft Pinnacle Nissan Inc [134-1] (REW) (Entered: 08/23/2001)
148 MINUTE ORDER status hearing is set for 3:00PM, 10/22/01 (cc: all counsel) [148] (former emp) (Entered: 08/22/2001)
Notification by 9th Circuit of Appellate Docket Number 01-16542 re NOTICE of Interlocutory Appeal [138-1] (REW) (Entered: 08/23/2001)
151 NOTICE by dft Pinnacle Nissan Inc regarding filing of reply in support of dft's motion for rule 35 examination (REW) (Entered: 09/05/2001)

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10/11/2001 10/12/2001 10/15/2001 10/16/2001 10/16/2001 10/16/2001 10/22/2001
10/22/2001 10/24/2001 10/25/2001 10/29/2001 10/31/2001 11/01/2001

153 Court Reporter's Transcript of Proceedings of motions hearing by Court Reporter: Merilyn Sanchez for the following date(s): 5/25/01 re NOTICE of Interlocutory Appeal [138-1] (REW) (Entered: 10/24/2001)
Certificate of Record Transmitted to 9th Circuit NOTICE of Interlocutory Appeal [138-1] (REW) (Entered: 10/24/2001)
154 REPLY in support by dft Pinnacle Nissan Inc to response to motion for Rule 35 Mental Examinations of plas Sam Darmo, Amer Darmo and Samuel Einhorn by dft Pinnacle Nissan Inc [134-1] (REW) (Entered: 10/24/2001)
155 NOTICE of compliance of fifth supplemental disclosure statement pursuant to FRCivP 26(a) by pla EEOC (REW) (Entered: 10/24/2001)
156 NOTICE by pla EEOC of unsuccessful conciliation efforts (REW) (Entered: 10/24/2001)
157 NOTICE OF SUBSTITUTION OF PLEADING by pla EEOC, re: signed amended complaint, re: [147-1] (REW) (Entered: 10/25/2001)
152 MINUTE ENTRY before Judge Mary H. Murguia . Crt Rptr: M.SANCHEZ. Present: Sally Chandley and David Lopez for pla; Stephen Montoya for intpla; Lonnie Williams for dft Pinnacle Nissan. By telephone: Brett Burns for dft Pinnacle Nissan. Status hearing held. ORDERED setting motion for partial summary judgment by intervenor-plaintiffs [89] at 1:30PM, 3/18/02; court may vacate hearing if issue is determined moot. Counsel request time to file reply. Court will determine if hearing required or if additional reply required. Dft will make counter offer to intpla 10-23-01. IT IS ORDERED referring this matter to a Mag/Judge for settlement conference. The Clerk by random lot draws and assigns this matter to Mag/Judge Stephen L. Verkamp; that Court to set date and time of settlement conference. cc: all cnsl [152] (former emp) (Entered: 10/23/2001)
158 RESPONSE by dft Pinnacle Nissan Inc to notice of unsuccessful conciliation efforts [156-1] (REW) (Entered: 10/25/2001)
162 RETURN OF SERVICE EXECUTED summons/complaint upon Stat Agent Norling Kolsrud Sifferman for dft Automotive Investment Group on 10/23/01 (REW) Modified on 11/19/2001 (Entered: 11/01/2001)
159 ORDER by Judge Mary H. Murguia denying motion for protective order prohibiting counsel for intervenors and the EEOC from inquiring into the personal income of Mr Allan Cady, Larry Van Tuyl and similar executive by dft Pinnacle Nissan Inc [105-1] (cc: all counsel) (REW) (Entered: 10/25/2001)
160 RETURN OF SERVICE EXECUTED summons/complaint upon dft ABC Nissan personally on Mark Sifferman on 10/18/01 (AZ) (former emp) Modified on 11/19/2001 (Entered: 10/30/2001)
161 NOTICE of third supplemental disclosure statement pursuant to FRCivP 26(a) by intervenor-plaintiff Samuel Darmo, intervenor-plaintiff Amer Darmo (former emp) (Entered: 11/01/2001)
163 Copy of 9th Circuit Order; appellant's motion to stay this appeal granted; this appeal stayed until 11/28/01; on or before expiration of stay, appellant shall either: (1) file opening brief or (2) file status report and motion for appropriate

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11/02/2001 11/05/2001 11/05/2001 11/05/2001 11/05/2001 11/09/2001 11/09/2001 11/09/2001
11/09/2001
11/09/2001 11/09/2001 11/09/2001
11/14/2001 11/16/2001 11/16/2001

relief; remaining briefing schedule reset; court records do not currently reflect that the district court has issued the certificate of record; appellant shall monitor the issuance of the certificate, re: 01-16542 NOTICE of Interlocutory Appeal [138-1] (cc: judge) (NOTE: certificate issued 10/12/01) (REW) (Entered: 11/01/2001)
164 ANSWER to first amended complaint [147-1] by dft Pinnacle Nissan Inc (REW) (Entered: 11/19/2001)
165 NOTICE of service of discovery by pla EEOC . (REW) (Entered: 11/19/2001)
166 ANSWER to first amended complaint [147-1], [18-1], [1-1] by dft ABC Nissan (Automotive Investment Group) (REW) (Entered: 11/19/2001)
167 ANSWER to amended complaint in intervention [147-1], [18-1], [1-1] by dft ABC Nissan (Automotive Investment Group) (REW) (Entered: 11/19/2001)
168 ANSWER to amended complaint in intervention [147-1], [18-1], [1-1] by dft Pinnacle Nissan Inc (REW) (Entered: 11/19/2001)
169 MOTION to compel arbitration and supporting brief by dft Pinnacle Nissan Inc, dft ABC Nissan [169-1] (REW) (Entered: 11/19/2001)
170 NOTICE of compliance of first supplemental disclosure statement pursuant to FRCivP 26(a) by dft Pinnacle Nissan Inc (REW) (Entered: 11/19/2001)
171 MOTION for protective order denying requested discovery of personal salary information of AIG executives and brief in support by dft ABC Nissan (Automotive Investment Group) [171-1] (REW) (Entered: 11/19/2001)
172 APPENDIX in support Re: motion for protective order denying requested discovery of personal salary information of AIG executives and brief in support by dft ABC Nissan (Automotive Investment Group) [171-1] by dft ABC Nissan (REW) Modified on 11/19/2001 (Entered: 11/19/2001)
173 NOTICE of service of discovery by pla EEOC . (REW) (Entered: 11/19/2001)
174 MOTION for permission to file documents under seal by dft ABC Nissan (Automotive Investment Group) [174-1] (REW) (Entered: 11/19/2001)
175 SEALED Exhibits, re: declarations of Larry Van Tuyl and Allan M Cady; re Exhibits [172-1], re motion for protective order denying requested discovery of personal salary information of AIG executives and brief in support by dft ABC Nissan (Automotive Investment Group) [171-1] by dft ABC Nissan (REW) (Entered: 11/19/2001)
176 NOTICE of service of discovery by dft Pinnacle Nissan Inc, dft ABC Nissan . (REW) (Entered: 11/19/2001)
177 NOTICE of compliance of second supplemental disclosure statement pursuant to FRCivP 26(a) by dft Pinnacle Nissan Inc (REW) (Entered: 11/26/2001)
178 SUPPLEMENT by dft Pinnacle Nissan Inc, dft ABC Nissan to motion to compel arbitration and supporting brief by dft Pinnacle Nissan Inc, dft ABC Nissan [169-1] [169-1] and supporting brief (REW) (Entered: 11/26/2001)

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11/20/2001 11/26/2001 11/27/2001 11/30/2001 12/03/2001 12/03/2001 12/03/2001 12/03/2001 12/03/2001 12/03/2001
12/03/2001 12/04/2001 12/04/2001

179 NOTICE by dft ABC Nissan of compliance with Local Rule 1.1(j), re: motion for protective order (REW) (Entered: 11/26/2001)
180 NOTICE by pla EEOC OF TAKING DEPO OF Penny Wilk on the following date(s): 11/30/01 at 9:30 am (REW) (Entered: 12/08/2001)
181 MOTION to strike affirmative defenses set forth in paragraphs 23, 29 and 34 of dft Automotive Investment Group's answer to amended complaint and paragraphs 26 and 32 of dft Pinnacle Nissan's answer to amended complaint by pla EEOC [181-1] (REW) (Entered: 12/08/2001)
182 STIPULATION to extend time for pla and intervening plas to file a response to dfts' motion to compel arbitration [169-1] and AIG's motion for protective order denying requested discovery of personal salary information of AIG executives [171-1] by all parties (REW) (Entered: 12/08/2001)
183 NOTICE by dft Pinnacle Nissan Inc, dft ABC Nissan OF 30(b)(6) DEPO OF EEOC (REW) (Entered: 12/08/2001)
184 RESPONSE by intervenor-plaintiff Samuel Darmo, intervenor-plaintiff Amer Darmo, intervenor-plaintiff Samuel Einhorn to motion to compel arbitration and supporting brief by dft Pinnacle Nissan Inc, dft ABC Nissan [169-1] (REW) (Entered: 12/08/2001)
185 RESPONSE by pla EEOC to motion to compel arbitration and supporting brief by dft Pinnacle Nissan Inc, dft ABC Nissan [169-1] (REW) (Entered: 12/08/2001)
186 RESPONSE by pla EEOC to motion for protective order denying requested discovery of personal salary information of AIG executives by dft ABC Nissan (Automotive Investment Group) [171-1] (REW) (Entered: 12/08/2001)
187 SEALED Portions of Response by pla EEOC to motion for protective order denying requested discovery of personal salary information of AIG executives by dft ABC Nissan (Automotive Investment Group) [171-1] (REW) (Entered: 12/08/2001)
188 JOINDER by intervenor-plaintiff Samuel Darmo, intervenor-plaintiff Amer Darmo, intervenor-plaintiff Samuel Einhorn to pla EEOC's response [186-1] to motion for protective order denying requested discovery of personal salary information of AIG executives by dft ABC Nissan (Automotive Investment Group) [171-1] (REW) (Entered: 12/08/2001)
189 RESPONSE by intervenor-plaintiff Samuel Darmo, intervenor-plaintiff Amer Darmo, intervenor-plaintiff Samuel Einhorn to notice of compliance with Local Rule 1.10(j), re: motion for permission to file documents under seal by dft ABC Nissan (Automotive Investment Group) [174-1] (REW) (Entered: 12/08/2001)
190 NOTICE of service of discovery by dft Pinnacle Nissan Inc, dft ABC Nissan . (REW) (Entered: 12/08/2001)
191 NOTICE by dft Pinnacle Nissan Inc, dft ABC Nissan OF TAKING DEPO OF Bassam Abazly on the following date(s): 12/19/01 at 9:00 am (REW) (Entered: 12/08/2001)

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12/04/2001 12/04/2001 12/04/2001 12/04/2001 12/04/2001 12/04/2001 12/04/2001 12/04/2001 12/05/2001 12/05/2001 12/05/2001 12/10/2001
12/10/2001

192 NOTICE by dft Pinnacle Nissan Inc, dft ABC Nissan OF TAKING DEPO OF David Duax on the following date(s): 1/4/02 at 10:00 am (REW) (Entered: 12/08/2001)
193 NOTICE by dft Pinnacle Nissan Inc, dft ABC Nissan OF TAKING DEPO OF Debra Winger on the following date(s): 1/3/02 at 1:00 pm (REW) (Entered: 12/08/2001)
194 NOTICE by dft Pinnacle Nissan Inc, dft ABC Nissan OF TAKING DEPO OF Mike Madrid on the following date(s): 1/7/02 at 9:00 am (REW) (Entered: 12/08/2001)
195 NOTICE by dft Pinnacle Nissan Inc, dft ABC Nissan OF TAKING DEPO OF Aaron Gardin on the following date(s): 1/3/02 at 9:00 am (REW) (Entered: 12/08/2001)
196 NOTICE by dft Pinnacle Nissan Inc, dft ABC Nissan OF TAKING DEPO OF Charles Schirra on the following date(s): 1/7/02 at 1:00 pm (REW) (Entered: 12/08/2001)
197 NOTICE by dft Pinnacle Nissan Inc, dft ABC Nissan OF TAKING DEPO OF Lloyd Stites on the following date(s): 1/8/02 at 9:00 am (REW) (Entered: 12/08/2001)
198 NOTICE by dft Pinnacle Nissan Inc, dft ABC Nissan OF TAKING DEPO OF Stan Hill on the following date(s): 1/8/02 at 1:00 pm (REW) (Entered: 12/08/2001)
199 NOTICE by dft Pinnacle Nissan Inc, dft ABC Nissan OF TAKING DEPO OF Terrill Love on the following date(s): 1/9/02 at 9:00 am (REW) (Entered: 12/08/2001)
200 NOTICE by dft Pinnacle Nissan Inc, dft ABC Nissan OF TAKING DEPO OF Sal DeLuna on the following date(s): 12/19/01 at 1:00 pm (REW) (Entered: 12/08/2001)
201 AMENDED NOTICE by dft Pinnacle Nissan Inc, dft ABC Nissan OF TAKING DEPO OF Debra Winger on the following date(s): 1/9/02 at 9:00 am (REW) (Entered: 12/08/2001)
202 AMENDED NOTICE by dft Pinnacle Nissan Inc, dft ABC Nissan OF TAKING DEPO OF Terrill Love on the following date(s): 1/3/02 at 1:00 pm (REW) (Entered: 12/08/2001)
203 Copy of 9th Circuit Order; appellant's motion to stay this appeal pending resolution of "Circuit City vs. Adams" and "Circuit City vs. Ahmed" granted; this appeal stayed until 1/28/01; on or before expiration of the stay, appellant shall either (1) file the opening brief or (2) file a status report and a motion for appropriate relief; briefing schedule reset, re: 01-16542 NOTICE of Interlocutory Appeal [138-1] (cc: judge) (REW) (Entered: 12/10/2001)
204 REPLY in further support by dft Pinnacle Nissan Inc, dft ABC Nissan to response to motion to compel arbitration and supporting brief by dft Pinnacle Nissan Inc, dft ABC Nissan [169-1] (REW) (Entered: 12/13/2001)

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12/11/2001 12/11/2001
12/11/2001 12/12/2001 12/12/2001 12/14/2001
12/14/2001 12/14/2001 12/14/2001 12/17/2001
12/17/2001 12/18/2001

205 REPLY BRIEF in support by dft Pinnacle Nissan Inc, dft ABC Nissan to response to motion for protective order denying requested discovery of personal salary information of AIG executives and brief in support by dft ABC Nissan (Automotive Investment Group) [171-1] (REW) (Entered: 12/13/2001)
206 APPENDIX in support, Re: reply [205-1] to response to motion for protective order denying requested discovery of personal salary information of AIG executives and brief in support by dft ABC Nissan (Automotive Investment Group) [171-1] [171-1] by dft Pinnacle Nissan Inc, dft ABC Nissan (REW) (Entered: 12/13/2001)
207 SEALED portion of AIG's reply (#205) re: motion for protective order by dft Pinnacle Nissan Inc, dft ABC Nissan (REW) (Entered: 12/13/2001)
208 NOTICE by dft Pinnacle Nissan Inc of service of dft pinnacle Nissan, Inc's discovery requests to pla and intervenors (former emp) (Entered: 12/13/2001)
209 STIPULATION for extension of time (until 12/14/01) to file responses to motion to strike affirmative defenses by pla EEOC [181-1] [181-1] by dft Pinnacle Nissan Inc, dft ABC Nissan, pla EEOC (REW) (Entered: 12/14/2001)
210 RESPONSE by dft Pinnacle Nissan Inc and Automotive Investment Group Inc to motion to strike affirmative defenses set forth in paragraphs 23, 29 and 34 of dft Automotive Investment Group's answer to amended complaint and paragraphs 26 and 32 of dft Pinnacle Nissan's answer to amended complaint by pla EEOC [181-1] (Automotive Investment Group is not listed as a party) (LAD) (Entered: 12/17/2001)
211 MOTION to set pretrial scheduling conference by dft Pinnacle Nissan Inc and Automotive Investment Group [211-1] (LAD) (Entered: 12/17/2001)
212 NOTICE by pla EEOC OF TAKING DEPO OF Charles Grosso on the following date(s): 1/9/02 at 1 pm (LAD) (Entered: 12/17/2001)
213 NOTICE by pla EEOC OF TAKING DEPO OF Mark Doinidis on the following date(s): 1/9/02 at 3:30 pm (LAD) (Entered: 12/17/2001)
214 ORDER by Judge Mary H. Murguia granting stipulation to extend time for pla and intervening plas to file a response to dfts' motion to compel arbitration [169-1] and AIG's motion for protective order denying requested discovery of personal salary information of AIG executives [171-1] by all parties; the deadline for pla and intervening plas to file a response to motion to compel arbitration and supporting brief by dft Pinnacle Nissan Inc, dft ABC Nissan [169-1] and motion for protective order denying requested discovery of personal salary information of AIG executives and brief in support by dft ABC Nissan (Automotive Investment Group) [171-1] is extended from 11/30/01 to 12/3/01 (cc: all counsel/RW) (received 12/17/01) (LAD) Modified on 12/17/2001 (Entered: 12/17/2001)
215 NOTICE of service of discovery by pla EEOC . (REW) (Entered: 12/18/2001)
216 ORDER by Mag Judge Stephen L. Verkamp ; settlement conference set for 9:30 1/17/02 , before Mag Judge Stephen L. Verkamp (in Phoenix) ; parties shall lodge directly with the magistrate judge a settlement conference statement at least 5 days before the settlement conference (cc: all counsel) (REW) (Entered:

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12/19/2001 12/19/2001 12/21/2001
12/21/2001 12/21/2001 12/21/2001 01/02/2002 01/02/2002
01/04/2002
01/08/2002 01/09/2002 01/09/2002
01/10/2002

12/18/2001)
217 NOTICE of service of discovery by pla EEOC . (REW) (Entered: 12/21/2001)
218 NOTICE of compliance of sixth supplemental disclosure statement pursuant to FRCivP 26(a) by pla EEOC (REW) (Entered: 12/21/2001)
219 ORDER by Judge Mary H. Murguia granting stipulation for extension of time until 12/14/01 to file responses to motion to strike affirmative defenses by pla EEOC [181-1] by dft Pinnacle Nissan Inc, dft ABC Nissan, pla EEOC, re: motion to strike [181-1] (cc: all counsel) (REW) (Entered: 12/21/2001)
220 MOTION for protective order that Rule 30(B)(6) deposition of pla not be taken and supporting memorandum of points and authorities by pla EEOC [220-1] (REW) (Entered: 01/03/2002)
221 NOTICE by pla EEOC of filing of proposed rule 16 scheduling order in compliance with 4/4/01 status hearing (REW) (Entered: 01/03/2002)
222 RESPONSE by pla EEOC to motion to set pretrial scheduling conference by dft Pinnacle Nissan Inc and Automotive Investment Group [211-1] (REW) (Entered: 01/03/2002)
223 MOTION for enlargement of time to reply to dfts' response to motion to strike affirmative defenses by pla EEOC [223-1] (reply filed contemporaneously) (REW) (Entered: 01/03/2002)
224 REPLY by pla EEOC to response to motion to strike affirmative defenses set forth in paragraphs 23, 29 and 34 of dft Automotive Investment Group's answer to amended complaint and paragraphs 26 and 32 of dft Pinnacle Nissan's answer to amended complaint by pla EEOC [181-1] (REW) (Entered: 01/03/2002)
225 ORDER by Judge Mary H. Murguia granting motion for enlargement of time until 1/2/02 to reply to dfts' response to motion to strike affirmative defenses by pla EEOC [223-1] (reply filed contemporaneously), re: reply [224-1], re: motion [181-1] (cc: all counsel) (REW) (Entered: 01/04/2002)
226 RESPONSE by dft Pinnacle Nissan Inc, dft ABC Nissan to motion for protective order that Rule 30(B)(6) deposition of pla not be taken by pla EEOC [220-1] (REW) (Entered: 01/09/2002)
227 OBJECTIONS by dft Pinnacle Nissan Inc, dft ABC Nissan to notice by pla EEOC of filing of proposed rule 16 scheduling order in compliance with 4/4/01 status hearing [221-1] (REW) (Entered: 01/10/2002)
228 REPLY in support by dft Pinnacle Nissan Inc, dft Automotive Investment Group response to motion to set pretrial scheduling conference and to establish and modify pretrial deadlines by dft Pinnacle Nissan Inc and Automotive Investment Group [211-1] (REW) Modified on 01/10/2002 (Entered: 01/10/2002)
229 ORDER by Judge Mary H. Murguia granting motion for permission to file documents under seal by dft ABC Nissan (Automotive Investment Group) [174-1], re: sealed documents [175-1]; declarations of Larry Van Tuyl and Allan M Cady are to be filed under seal; all parties and their counsel are not to disclose these documents or their contents to any third parties; clerk directed to maintain these declarations under seal and to allow only appropriate court personnel and

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01/14/2002 01/15/2002 01/16/2002 01/18/2002 01/18/2002
01/18/2002 01/24/2002 01/28/2002 01/29/2002
01/29/2002 01/30/2002 01/31/2002 01/31/2002

the parties' counsel to access these declarations; clerk directed not to allow these declarations to be removed from the court without an appropriate court order (cc: all counsel) (REW) (Entered: 01/10/2002)
230 MINUTE ORDER Hearing re discovery dispute is set for 1:00PM, 2/4/02 (cc: all counsel) [230] (former emp) Modified on 01/14/2002 (Entered: 01/14/2002)
231 NOTICE of compliance of fourth supplemental disclosure statement pursuant to FRCivP 26(a) by intervenor-plaintiff Samuel Darmo, intervenor-plaintiff Amer Darmo, intervenor-plaintiff Samuel Einhorn (REW) (Entered: 01/16/2002)
232 ADVISORY to court regarding discovery disputes by pla EEOC (REW) (Entered: 01/18/2002)
233 NOTICE of compliance of fifth supplemental disclosure statement pursuant to FRCivP 26(a) by intervenor-plaintiff Samuel Darmo, intervenor-plaintiff Amer Darmo, intervenor-plaintiff Samuel Einhorn (REW) (Entered: 01/22/2002)
234 STIPULATION AND MOTION to extend time for pla EEOC to file reply to dft's response to pla's motion for protective order by pla EEOC, dft Pinnacle Nissan Inc, dft ABC Nissan [234-1] (reply filed separately this date) (REW) Modified on 01/22/2002 (Entered: 01/22/2002)
235 REPLY by pla EEOC to response to motion for protective order that Rule 30(B)(6) deposition of pla not be taken by pla EEOC [220-1] (REW) (Entered: 01/22/2002)
236 NOTICE OF SUPPLEMENTAL AUTHORITY by pla EEOC to pla EEOC's response (#185) to motion to compel arbitration by dft Pinnacle Nissan Inc, dft ABC Nissan [169-1] (REW) (Entered: 01/25/2002)
238 NOTICE of service of discovery by dft Pinnacle Nissan Inc, dft ABC Nissan . (REW) (Entered: 01/29/2002)
237 ORDER by Judge Mary H. Murguia granting motion to extend time from 1/18/02 to 1/22/02 for pla EEOC to file reply to dft's response to pla's motion for protective order by pla EEOC, dft Pinnacle Nissan Inc, dft ABC Nissan [234-1]; re: reply [235-1] re: motion for protective order, [220-1] (cc: all counsel) (REW) (Entered: 01/29/2002)
239 NOTICE of service of discovery by pla EEOC . (REW) (Entered: 01/30/2002)
240 NOTICE by intervenor-plaintiff Samuel Darmo, intervenor-plaintiff Amer Darmo, intervenor-plaintiff Samuel Einhorn of discovery dispute (REW) (Entered: 01/31/2002)
241 ORDER by Mag Judge Stephen L. Verkamp ; settlement conference held ; settlement was not reached in this matter and it is referred back to Judge Murguia for further proceedings (cc: all counsel/MHM) (REW) (Entered: 01/31/2002)
242 MOTION to quash subpoena duces tecum served on Critical Public Relations to the extent it calls for the production of attorney-client privileged materials and/or attorney work product by dft Pinnacle Nissan Inc, dft ABC Nissan and brief in support thereof [242-1] (REW) (Entered: 02/04/2002)

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02/04/2002 02/04/2002
02/12/2002 02/12/2002 02/19/2002 02/20/2002
02/20/2002 02/20/2002 02/22/2002 02/25/2002 02/25/2002 02/25/2002

243 NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by dft Pinnacle Nissan Inc and Automotive Investment Group (former emp) (Entered: 02/05/2002)
244 MINUTE ENTRY before Judge Mary H. Murguia . Crt Rptr: M. SANCHEZ. Present: Sally SHandley, Emanuel SMith, David Lopez for pla; Stephen Montoya for intplas; Lonnie Williams for dft. Discovery hearing held. Intpla discovery requests ruled on as placed on the record; dft will produce documents within 6 weeks. Pla's discovery requests: dft to respond to the motion in days; reply due l0 days after. This matter will be referred to Mag/Judge David Duncan who will resolve all other discovery disputes including pending motions: #134, 171, 211 and 220. [244] (former emp) (Entered: 02/05/2002)
245 MOTION for partial summary judgment on claims asserted by pla on behalf of class members Abazly and Guazelli by dft Pinnacle Nissan Inc, dft ABC Nissan [245-1] (REW) (Entered: 02/13/2002)
246 STATEMENT OF FACTS in support by dft Pinnacle Nissan Inc, dft ABC Nissan re motion for partial summary judgment on claims asserted by pla on behalf of class members Abazly and Guazelli by dft Pinnacle Nissan Inc, dft ABC Nissan [245-1] [245-1] (REW) (Entered: 02/13/2002)
248 NOTICE of compliance of sixth supplemental disclosure statement pursuant to FRCivP 26(a) by intervenor-plaintiff Samuel Darmo, intervenor-plaintiff Amer Darmo, intervenor-plaintiff Samuel Einhorn (REW) (Entered: 02/22/2002)
247 Copy of 9th Circuit Order; appellant's motion to further stay this appeal pending resolution of "Circuit City vs. Adams" and "Circuit City vs. Ahmed" granted; appeal stayed until 3/22/02; on or before expiration of stay, appellant shall either (1) file opening brief or (2) file status report and a motion for appropriate relief; remaining briefing schedule reset; the filing of the opening brief or the failure to file a further motion will terminate the stay, re: 01-16542 NOTICE of Interlocutory Appeal [138-1] (cc: judge) (REW) (Entered: 02/20/2002)
250 ADVISORY by dft Pinnacle Nissan Inc, dft ABC Nissan to court regarding remaining discovery disputes (REW) (Entered: 02/26/2002)
251 CROSS-MOTION to enforce subpoena duces tecum served CRITICAL PUBLIC RELATIONS by pla EEOC [251-1] and RESPONSE to motion to quash subpoena duces tecum served on Critical Public Relations dft Pinnacle Nissan Inc, dft ABC Nissan [242-1] by pla EEOC (REW) (Entered: 02/26/2002)
252 NOTICE by dft Pinnacle Nissan Inc, dft ABC Nissan of compliance with court order of 2/4/02 (check for $550 tendered to clerk) (REW) (Entered: 02/26/2002)
249 MINUTE ORDER Minutes dated 2-4-02 are amended as follows: IT IS ORDERED awarding sanctions against dft in the sum of $500.00 payable to the Clerk of the Court within 30 days; notice of payment to be filed in the record. (cc: all cnsl) [249] re: order (minute) [249-1] (former emp) (Entered: 02/25/2002)
253 Amended NOTICE by pla EEOC OF TAKING DEPO OF Mark Doinidis on the following date(s): 2/26/02 at 3:00 pm (REW) (Entered: 02/27/2002)
254 NOTICE by pla EEOC OF TAKING DEPO OF Charles Grosso on the following date(s): 2/26/02 at 1:00 pm (REW) (Entered: 02/27/2002)

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02/27/2002 03/04/2002 03/04/2002 03/08/2002 03/08/2002 03/11/2002 03/11/2002 03/13/2002 03/13/2002 03/14/2002
03/14/2002 03/15/2002 03/15/2002

255 NOTICE by intervenor-plaintiff Samuel Darmo, intervenor-plaintiff Amer Darmo, intervenor-plaintiff Samuel Einhorn OF TAKING DEPO OF Claudio Guazelli on the following date(s): 2/28/02 at 10:00 am (REW) (Entered: 02/28/2002)
256 REPLY in support by dft Pinnacle Nissan Inc, dft ABC Nissan to response to motion to quash subpoena duces tecum served on Critical Public Relations by dft Pinnacle Nissan Inc, dft ABC Nissan [242-1] (REW) (Entered: 03/05/2002)
256 RESPONSE by dft Pinnacle Nissan Inc, dft ABC Nissan to motion to enforce subpoena duces tecum served on CRITICAL PUBLIC RELATIONS by pla EEOC [251-1] (REW) (Entered: 03/05/2002)
257 NOTICE of compliance of seventh supplemental disclosure statement pursuant to FRCivP 26(a) by intervenor-plaintiff Samuel Darmo, intervenor-plaintiff Amer Darmo, intervenor-plaintiff Samuel Einhorn (REW) (Entered: 03/11/2002)
258 NOTICE by pla EEOC of voluntary dismissal of issue from consideration on EEOC's motion to strike affirmative defenses (REW) (Entered: 03/11/2002)
260 STIPULATION and request to extend time for pla EEOC to file a response to dfts' advisory to the court regarding remaining discovery disputes, re: notice [250-1] by all parties (REW) (Entered: 03/13/2002)
261 STIPULATION and request to extend time for pla EEOC to file a response to dfts' motion for partial summary judgment on claims asserted by pla on behalf of class members Abazly and Guazelli [245-1] by all parties (REW) (Entered: 03/13/2002)
259 MINUTE ORDER vacating hearing set for 3-18-02 re motion for partial summary judgment by intervenor-plaintiffs [89-1]. (cc: all counsel) [259] (former emp) (Entered: 03/13/2002)
263 RESPONSE by pla EEOC to dfts' advisory to the court regarding remaining discovery disputes, re: notice [250-1] (REW) (Entered: 03/15/2002)
262 ORDER by Judge Mary H. Murguia granting stipulation to extend time until 4/8/02 for pla EEOC to file a response to dfts' motion for partial summary judgment on claims asserted by pla on behalf of class members Abazly and Guazelli [245-1] by all parties, re: motion [245-1] (cc: all counsel) (REW) (Entered: 03/14/2002)
265 REPLY by pla EEOC to response to motion to enforce subpoena duces tecum served CRITICAL PUBLIC RELATIONS by pla EEOC [251-1] (REW) (Entered: 03/18/2002)
264 ORDER by Magistrate Judge David K. Duncan granting stipulation to extend time until 3/13/02 for pla EEOC to file a response to dfts' advisory to the court regarding remaining discovery disputes, re: notice [250-1] by all parties, re: response [263-1] (cc: all counsel) (REW) (Entered: 03/15/2002)
266 NOTICE regarding pending motions and MOTION (Request) for expedited hearing by dft Pinnacle Nissan Inc, dft ABC Nissan [266-1] , and/or for ruling regarding pending motions by dft Pinnacle Nissan Inc, dft ABC Nissan [266-2] (REW) (Entered: 03/18/2002)

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03/21/2002 03/25/2002 03/25/2002 03/25/2002 03/25/2002 03/25/2002 03/25/2002 03/25/2002 03/26/2002
03/30/2002
04/05/2002 04/05/2002

267 Transcript Designation and Ordering Form by appellee/pla EEOC; ordering transcript for hearing of 2/4/02 (REW) (Entered: 03/25/2002)
268 NOTICE of compliance of seventh supplemental disclosure statement pursuant to FRCivP 26(a) by pla EEOC (REW) (Entered: 03/25/2002)
270 NOTICE by dft Pinnacle Nissan Inc, dft ABC Nissan OF TAKING VIDEO DEPOS OF Mike Madrid on 4/8/02 at 10:00 am, Lloyd Stites on 4/10/02 at 10:00 am, Sal DeLuna on 4/22/02 at 10:00 am, and Roman Garcia on 4/24/02 at 10:00 am (REW) (Entered: 03/28/2002)
271 NOTICE by dft Pinnacle Nissan Inc, dft ABC Nissan OF TAKING DEPO OF David Duax on the following date(s): 4/11/02 at 10:00 am (REW) (Entered: 03/28/2002)
272 NOTICE by dft Pinnacle Nissan Inc, dft ABC Nissan OF TAKING DEPO OF Kristin Wills on the following date(s): 4/15/02 at 9:00 am (REW) (Entered: 03/28/2002)
273 NOTICE by dft Pinnacle Nissan Inc, dft ABC Nissan OF TAKING DEPO OF Russ Schad on the following date(s): 4/23/02 at 9:00 am (REW) (Entered: 03/28/2002)
274 NOTICE by dft Pinnacle Nissan Inc, dft ABC Nissan OF TAKING DEPO OF Adam Middauph on the following date(s): 4/25/02 at 9:00 am (REW) (Entered: 03/28/2002)
275 NOTICE by dft Pinnacle Nissan Inc, dft ABC Nissan OF TAKING DEPO OF Heather Young on the following date(s): 4/9/02 at 9:00 am (REW) (Entered: 03/28/2002)
269 ORDER by Judge Mary H. Murguia denying as moot motion for partial summary judgment by intervenor-plaintiffs [89-1], if for some reason the issue is before the court again, intervenors' may refile their motion for partial summary judgment; denying as moot motion to strike summary judgment evidence by dft Pinnacle Nissan Inc [121-1] (cc: all counsel/9CCA) (REW) (Entered: 03/26/2002)
276 ORDER by Magistrate Judge David K. Duncan denying motion for Rule 35 Mental Examinations of plas Sam Darmo, Amer Darmo and Samuel Einhorn by dft Pinnacle Nissan Inc [134-1]; this ruling is without prejudice to dft reasserting its motion if (1) pla should change its present position that it expects to present no expert or medical testimony beyond the intervenors' own testimony on this subject; (2) intervenors expect to adduce expert or medical testimony beyond the intervenors' own testimony on this subject or (3) upon a substantial change in the nature of the emotional distress allegations asserted in this case (cc: all counsel/9CCA) (REW) (Entered: 04/01/2002)
277 MOTION to extend discovery deadline for limited depositions by pla EEOC [277-1] (REW) (Entered: 04/08/2002)
278 NOTICE of compliance of third supplemental disclosure statement pursuant to FRCivP 26(a) by dft Pinnacle Nissan Inc, dft ABC Nissan (REW) (Entered: 04/09/2002)

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04/05/2002 04/08/2002 04/08/2002 04/08/2002 04/08/2002 04/08/2002 04/09/2002
04/09/2002 04/15/2002
04/15/2002
04/15/2002

279 MOTION to compel back pay calculations by dft Pinnacle Nissan Inc, dft ABC Nissan [279-1] and supporting documents from the EEOC and individual plas (REW) (Entered: 04/09/2002)
280 MOTION to exceed the page limit for response in opposition to dft's motion for summary judgment by pla EEOC [280-1] (REW) Modified on 04/15/2002 (Entered: 04/12/2002)
281 MOTION to strike declaration of Gregory J Crapo by pla EEOC [281-1], re: dfts' motion for partial summary judgment (REW) (Entered: 04/12/2002)
282 MOTION for partial summary judgment by pla EEOC [282-1], re: dfts are single employer and for judgment as a matter of law dismissing affirmative defenses (REW) (Entered: 04/12/2002)
283 MEMORANDUM IN SUPPORT by pla EEOC of motion for partial summary judgment by pla EEOC [282-1], re: dfts are single employer and for judgment as a matter of law dismissing affirmative defenses [282-1] (REW) (Entered: 04/12/2002)
284 STATEMENT OF FACTS in support by pla EEOC re motion for partial summary judgment by pla EEOC [282-1], re: dfts are single employer and for judgment as a matter of law dismissing affirmative defenses [282-1] (REW) (Entered: 04/12/2002)
285 JOINDER by intervenor-plaintiff Samuel Darmo, intervenor-plaintiff Amer Darmo, intervenor-plaintiff Samuel Einhorn to motion for partial summary judgment by pla EEOC [282-1], re: dfts are single employer and for judgment as a matter of law dismissing affirmative defenses [282-1] (REW) (Entered: 04/12/2002)
286 Transcript Designation and Ordering Form by dft Pinnacle Nissan Inc, dft ABC Nissan; ordering transcript for hearing of 2/4/02 (REW) (Entered: 04/12/2002)
287 Copy of 9th Circuit Order; court in receipt of appellant's status report; court grants appellant an additional stay; within 60 days from the date of this order or within 7 days of receipt of this court decision, whichever occurs first, appellant shall move for appropriate relief or file the opening brief; remaining briefing schedule set, re: 01-16542 NOTICE of Interlocutory Appeal [138-1] (cc: judge) (REW) (Entered: 04/15/2002)
288 ORDER by Judge Mary H. Murguia granting motion to exceed the page limit for response in opposition to dft's motion for summary judgment by pla EEOC [280-1], re: motion for partial summary judgment on claims asserted by pla on behalf of class members Abazly and Guazelli by dft Pinnacle Nissan Inc, dft ABC Nissan [245-1] [245-1] (cc: all counsel) (REW) (Entered: 04/15/2002)
289 CROSS-MOTION for partial summary judgment re: dfts' affirmative defenses of failure to exhaust administrative remedies and laches, by pla EEOC [289-1] and RESPONSE to motion for partial summary judgment on claims asserted by pla on behalf of class members Abazly and Guazelli by dft Pinnacle Nissan Inc, dft ABC Nissan [245-1] by pla EEOC (REW) (Entered: 04/15/2002)

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04/15/2002 04/15/2002 04/17/2002
04/18/2002 04/24/2002 04/24/2002
04/25/2002 04/29/2002 04/30/2002 05/01/2002
05/03/2002 05/03/2002 05/06/2002

290 STATEMENT OF FACTS by pla EEOC, re: pla's response and cross-motion for partial summary judgment (#289) and dfts' motion for partial summary judgment (#245) (REW) (Entered: 04/15/2002)
291 NOTICE of compliance of eighth supplemental disclosure statement pursuant to FRCivP 26(a) by pla EEOC (REW) (Entered: 04/16/2002)
292 STIPULATION for extension of time (until 5/13/02) to file reply in support of motion for partial summary judgment on claims asserted by pla on behalf of class members Abazly and Guazelli by dft Pinnacle Nissan Inc, dft ABC Nissan [245-1] by pla EEOC, dft Pinnacle Nissan Inc, dft ABC Nissan (REW) (Entered: 04/18/2002)
293 MINUTE ORDER ; scheduling conference set for 10:00 5/15/02 , before Magistrate Judge David K. Duncan (cc: all counsel) [293-3] (REW) (Entered: 04/18/2002)
294 NOTICE of compliance of ninth supplemental disclosure statement pursuant to FRCivP 26(a) by pla EEOC (REW) (Entered: 04/30/2002)
295 STIPULATION for extension of time until 4/29/02 for responses to motion to compel back pay calculations by dft Pinnacle Nissan Inc, dft ABC Nissan from the EEOC and individual plas [279-1] and motion to extend discovery deadline for limited depositions by pla EEOC [277-1] by pla EEOC, dft Pinnacle Nissan Inc, dft ABC Nissan (REW) (Entered: 04/30/2002)
296 STIPULATION for extension of time until 5/13/02 for dfts to file a response to motion to strike declaration of Gregory J Crapo by pla EEOC [281-1], re: dfts' motion for partial summary judgment [281-1] by pla EEOC, dft Pinnacle Nissan Inc, dft ABC Nissan (REW) (Entered: 04/30/2002)
297 CROSS-MOTION to extend discovery by dft Pinnacle Nissan Inc, dft ABC Nissan [297-1] and RESPONSE to motion to extend discovery deadline for limited depositions by pla EEOC [277-1] [277-1] by dft Pinnacle Nissan Inc, dft ABC Nissan (REW) (Entered: 05/01/2002)
298 RESPONSE by pla EEOC to motion to compel back pay calculations by dft Pinnacle Nissan Inc, dft ABC Nissan [279-1] and supporting documents from the EEOC and individual plas (REW) (Entered: 05/01/2002)
299 ORDER by Judge Mary H. Murguia granting stipulation for extension of time until 5/13/02 for dft to file reply in support of motion for partial summary judgment on claims asserted by pla on behalf of class members Abazly and Guazelli by dft Pinnacle Nissan Inc, dft ABC Nissan [245-1] by pla EEOC, dft Pinnacle Nissan Inc, dft ABC Nissan, re: motion [245-1] (cc: all counsel) (REW) (Entered: 05/01/2002)
300 MOTION to compel production of documents by dft Pinnacle Nissan Inc, dft ABC Nissan [300-1] (REW) (Entered: 05/07/2002)
301 SEPARATE STATEMENT OF ISSUES pursuant to Rule 1.10(k) by dft Pinnacle Nissan Inc, dft ABC Nissan (REW) (Entered: 05/07/2002)
302 REPLY by pla EEOC to response to motion to extend discovery deadline for limited depositions by pla EEOC [277-1] (REW) (Entered: 05/09/2002)

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05/06/2002 05/07/2002 05/09/2002
05/13/2002
05/13/2002 05/14/2002 05/15/2002

302 RESPONSE by pla EEOC to cross-motion to extend discovery by dft Pinnacle Nissan Inc, dft ABC Nissan [297-1] (REW) (Entered: 05/09/2002)
303 NOTICE of compliance of tenth supplemental disclosure statement pursuant to FRCivP 26(a) by pla EEOC (REW) (Entered: 05/09/2002)
304 REPLY in support by dft Pinnacle Nissan Inc, dft ABC Nissan to response to motion to compel back pay calculations by dft Pinnacle Nissan Inc, dft ABC Nissan [279-1] and supporting documents from the EEOC and individual plas (REW) (Entered: 05/14/2002)
306 STIPULATION for extension of time to file reply in support of dfts motion for partial summary judgment on claims asserted by pla on behalf of class members Abazly and Guazelli, response to pla cross motion for partial summary judgment and response to pla motion to strike declaration of Gregory J Crapo by pla, dft to on or before 5/15/02 (CMM) Modified on 05/15/2002 (Entered: 05/15/2002)
307 STIPULATION for extension of time to file response to pla motion for partial sumary judgment by dft, intervenor-plaintiff - to on or before 5/28/02 (CMM) (Entered: 05/15/2002)
305 REPLY by dft Pinnacle Nissan Inc to response to motion to extend discovery by dft Pinnacle Nissan Inc, dft ABC Nissan [297-1] (LAD) (Entered: 05/15/2002)
308 MINUTE ENTRY before Magistrate Judge David K. Duncan . Crt Rptr: taped proceedings; scheduling hearing held and following deadlines set: disclosure of all witnesses and exhibits by 7/12/02, dft AIG will disclose all experts by 8/16/02, all non-expert discovery by 9/20/02; rebuttal experts disclosed by 9/20/02, expert reports shall be disclosed by 10/25/02, expert depositions done by 11/20/02; withdrawn motion for partial summary judgment by pla EEOC [282-1], re: dfts are single employer and for judgment as a matter of law dismissing affirmative defenses; withdrawn motion for partial summary judgment re: dfts' affirmative defenses of failure to exhaust administrative remedies and laches, by pla EEOC [289-1]; it is proposed to Judge Murguia that all summary judgment motions shall be filed by 9/20/02; denying motion for protective order denying requested discovery of personal salary information of AIG executives by dft ABC Nissan (Automotive Investment Group) [171-1], but such discovery may only be had pursuant to confidentiality agreement; denying as moot motion to set pretrial scheduling conference by dft Pinnacle Nissan Inc and Automotive Investment Group [211-1]; granting motion for protective order that Rule 30(B)(6) deposition of pla not be taken by pla EEOC [220-1]; denying as moot motion to quash subpoena duces tecum served on Critical Public Relations by dft Pinnacle Nissan Inc, dft ABC Nissan [242-1]; denying as moot motion to enforce subpoena duces tecum served CRITICAL PUBLIC RELATIONS by pla EEOC [251-1]; denying as moot motion for expedited hearing by dft Pinnacle Nissan Inc, dft ABC Nissan [266-1]; denying as moot motion for ruling regarding pending motions by dft Pinnacle Nissan Inc, dft ABC Nissan [266-2]; denying as moot motion to extend discovery deadline for limited depositions by pla EEOC [277-1]; granting motion to compel back pay calculations by dft Pinnacle Nissan Inc, dft ABC Nissan [279-1] subject to confidentiality agreement with respect to income tax returns; denying as moot motion to extend discovery by dft Pinnacle Nissan Inc, dft ABC Nissan [297-1]; parties to furnish documents for in camera review as indicated in open court; parties to meet and confer regarding any

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05/15/2002 05/15/2002 05/15/2002 05/17/2002 05/17/2002 05/21/2002 05/22/2002 05/22/2002 05/28/2002 05/28/2002
05/29/2002 05/30/2002

remaining discovery disputes and contact court for purpose of arranging telephonic discovery conference ; prel scheduling conf held ; discovery ddl set for 9/20/02 ; dispositive motions due 9/20/02 ] [308-2] (REW) Modified on 05/20/2002 (Entered: 05/16/2002)
310 RESPONSE by dft Pinnacle Nissan Inc, dft ABC Nissan to motion to strike declaration of Gregory J Crapo by pla EEOC [281-1], re: dfts' motion for partial summary judgment (REW) (Entered: 05/20/2002)
311 COMBINED REPLY in support by dft Pinnacle Nissan Inc, dft ABC Nissan to response to motion for partial summary judgment on claims asserted by pla on behalf of class members Abazly and Guazelli by dft Pinnacle Nissan Inc, dft ABC Nissan [245-1] (REW) (Entered: 05/20/2002)
311 COMBINED RESPONSE by dft Pinnacle Nissan Inc, dft ABC Nissan to cross-motion for partial summary judgment re: dfts' affirmative defenses of failure to exhaust administrative remedies and laches, by pla EEOC [289-1] [289-1] (REW) (Entered: 05/20/2002)
309 MINUTE ORDER IT IS ORDERED all motions for summary judgment shall be filed by 9-20-02. (cc: all counsel) [309] re: order (minute) [309-1] (former emp) (Entered: 05/17/2002)
312 NOTICE of service of discovery by dft Pinnacle Nissan Inc, dft ABC Nissan . (REW) (Entered: 05/23/2002)
313 STIPULATION and Request to extend time until 5/22/02 for pla to file a response to dfts' motion to compel production of documents [300-1] by all parties (REW) (Entered: 05/23/2002)
314 RESPONSE by pla EEOC to motion to compel production of documents by dft Pinnacle Nissan Inc, dft ABC Nissan [300-1] (REW) (Entered: 05/23/2002)
315 NOTICE by dft Pinnacle Nissan Inc, dft ABC Nissan OF TAKING VIDEO DEPOS OF Mike Madrid on 6/11/02 at 10:00am, Lloyd Stites on 6/12/02 at 10:00 am, Sal DeLuna on 6/13/02 at 10:00 am and Roman Garica on 6/14/02 at 10:00 am (REW) (Entered: 05/23/2002)
316 NOTICE OF WITHDRAWAL by pla EEOC of motion for partial summary judgment by pla EEOC [282-1], re: dfts are single employer and for judgment as a matter of law dismissing affirmative defenses [282-1], of memorandum in support [283-1] of statement of facts [284-1] (REW) (Entered: 05/29/2002)
317 STIPULATION and Request to extend time until 6/4/02 for pla to file reply to motion to strike declaration of Gregory J Crapo by pla EEOC [281-1] and reply to cross-motion for partial summary judgment on dfts' affirmative defenses of failure to exhaust administrative remedies and laches (#289) by all parties (REW) (Entered: 06/05/2002)
318 NOTICE of compliance of fourth supplemental disclosure statement pursuant to FRCivP 26(a) by dft Pinnacle Nissan Inc, dft ABC Nissan (REW) (Entered: 06/05/2002)
319 OBJECTIONS by dft Pinnacle Nissan Inc, dft ABC Nissan to Magistrate Judge's recommended disposition of motion for protective order denying requested

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05/30/2002 05/31/2002 06/03/2002 06/04/2002 06/04/2002
06/04/2002 06/05/2002
06/06/2002
06/06/2002 06/06/2002 06/07/2002 06/10/2002

discovery of personal salary information, re: minute entry [308-2] (REW) (Entered: 06/05/2002)
320 NOTICE by dft Pinnacle Nissan Inc, dft ABC Nissan of submission of documents for in camera review (REW) (Entered: 06/05/2002)
321 NOTICE of compliance of fifth supplemental disclosure statement pursuant to FRCivP 26(a) by dft Pinnacle Nissan Inc, dft ABC Nissan (REW) (Entered: 06/05/2002)
322 REPLY by dft Pinnacle Nissan Inc, dft ABC Nissan to response to motion to compel production of documents by dft Pinnacle Nissan Inc, dft ABC Nissan [300-1] (REW) (Entered: 06/05/2002)
323 NOTICE of service of discovery by dft Pinnacle Nissan Inc, dft ABC Nissan . (REW) (Entered: 06/05/2002)
324 STIPULATION and Request to extend time until 6/6/02 for pla to file reply to motion to strike declaration of Gregory J Crapo by pla EEOC [281-1] and reply to cross-motion for partial summary judgment on dfts' affirmative defenses of failure to exhaust administrative remedies and laches (#289) by all parties (second request) (REW) (Entered: 06/05/2002)
326 BRIEF IN SUPPORT by dft Pinnacle Nissan Inc, dft ABC Nissan of their objections to pla's request for production of employment files of Patrick Beaman and David Arnold [319-1], re: minute entry [308-2] (REW) (Entered: 06/06/2002)
325 ORDER by Judge Mary H. Murguia granting stipulation to extend time until 6/4/02 for pla to file reply to motion to strike declaration of Gregory J Crapo by pla EEOC [281-1] and reply to cross-motion for partial summary judgment on dfts' affirmative defenses of failure to exhaust administrative remedies and laches (#289) by all parties, (cc: all counsel) (REW) (Entered: 06/05/2002)
327 ORDER by Judge Mary H. Murguia granting stipulation to extend time until 6/6/02 for pla to file reply to motion to strike declaration of Gregory J Crapo by pla EEOC [281-1] and reply to cross-motion for partial summary judgment on dfts' affirmative defenses of failure to exhaust administrative remedies and laches (#289) by all parties, (cc: all counsel) (REW) (Entered: 06/06/2002)
329 MOTION to exceed the page limit for pla's reply to dfts' opposition to cross-motion for partial summary judgment by pla EEOC [329-1] (lodged document at docket clerk's desk) (REW) (Entered: 06/10/2002)
330 REPLY by pla EEOC to response to motion to strike declaration of Gregory J Crapo by pla EEOC [281-1], re: dfts' motion for partial summary judgment (REW) (Entered: 06/10/2002)
328 ORDER by Magistrate Judge David K. Duncan granting stipulation to extend time until 5/22/02 for pla to file a response to dfts' motion to compel production of documents by all parties, re: motion to compel [300-1] (cc: all counsel) (REW) (Entered: 06/07/2002)
331 Transcript Designation and Ordering Form by appellee/pla EEOC; ordering transcript for hearing of 5/15/02 (REW) (Entered: 06/12/2002)

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06/13/2002 06/13/2002 06/13/2002 06/14/2002 06/14/2002 06/17/2002
06/19/2002 06/20/2002 06/20/2002 06/20/2002 06/20/2002 06/20/2002 06/24/2002 06/25/2002 06/26/2002 06/26/2002

332 MINUTE ORDER ; discovery conference set for 4:00 6/13/02 , before Magistrate Judge David K. Duncan (cc: all counsel) [332-3] (REW) (Entered: 06/13/2002)
333 NOTICE by dft Pinnacle Nissan Inc, dft ABC Nissan OF TAKING VIDEO DEPO OF Elizabeth De Luna Daleo on the following date(s): 3/27/02 at 10:00 am (REW) (Entered: 06/17/2002)
335 MINUTE ENTRY before Magistrate Judge David K. Duncan (taped proceedings); ; status hearing held, re: discovery disputes [335-2] (cc: cnsl/MHM) (REW) (Entered: 06/17/2002)
336 Amended NOTICE by dft Pinnacle Nissan Inc, dft ABC Nissan OF TAKING VIDEO DEPO OF Salvador "Sal" De Luna on the following date(s): 6/21/02 at 9:00 am (REW) Modified on 06/17/2002 (Entered: 06/17/2002)
337 Court Reporter's Transcript of Proceedings of motions and scheduling hearing (taped proceedings; transcribed by David Lee) for the following date(s): 5/15/02 re NOTICE of Interlocutory Appeal [138-1] (REW) (Entered: 06/17/2002)
334 Copy of 9th Circuit Order; court grants appellant an additonal 60-day stay; within 60 days from the date of this order or within 7 days of this court's decision, whichever occurs first, appellant shall mvoe for appropriate relief or file the opening brief; remaining briefing schedule reset, re: 01-16542 NOTICE of Interlocutory Appeal [138-1] (cc: judge) (REW) (Entered: 06/17/2002)
340 NOTICE by dfts OF TAKING DEPO OF Helen Younathan on the following date(s): 6/26/02 at 10 am (LAD) (Entered: 07/01/2002)
341 NOTICE by pla EEOC OF TAKING DEPO OF Fred Monkan on the following date(s): 7/25/02 at 9:30 am (LAD) (Entered: 07/01/2002)
342 NOTICE by pla EEOC OF TAKING DEPO OF Stephen Tucker on the following date(s): 7/25/02 at 2 pm (LAD) (Entered: 07/01/2002)
343 NOTICE by pla EEOC OF TAKING DEPO OF Tim Mort on the following date(s): 7/30/02 at 9:30 am (LAD) (Entered: 07/01/2002)
344 NOTICE by pla EEOC OF TAKING DEPO OF Mike Wagoner on the following date(s): 7/30/02 at 2 pm (LAD) (Entered: 07/01/2002)
345 NOTICE of compliance of 6th supplemental disclosure statement pursuant to FRCivP 26(a) by dfts (LAD) (Entered: 07/01/2002)
346 NOTICE of service of discovery by pla EEOC . (LAD) (Entered: 07/01/2002)
347 NOTICE of compliance of 11th supplemental sclosure statement pursuant to FRCivP 26(a) by pla EEOC (LAD) (Entered: 07/01/2002)
338 ORDER by Judge Mary H. Murguia granting motion to exceed the page limit for pla's reply to dfts' opposition to cross-motion for partial summary judgment by pla EEOC [329-1] (cc: all counsel) (LAD) (Entered: 06/26/2002)
339 REPLY by pla EEOC to response (opposition) to motion for partial summary judgment re: dfts' affirmative defenses of failure to exhaust administrative remedies and laches, by pla EEOC [289-1] (OK to file per order #338 filed 6/26/02) (LAD) (Entered: 06/26/2002)

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06/27/2002 06/28/2002 07/02/2002 07/02/2002 07/03/2002 07/05/2002 07/05/2002 07/11/2002 07/11/2002 07/11/2002 07/11/2002 07/12/2002 07/17/2002 07/19/2002
07/19/2002

348 OBJECTIONS by dft ABC Nissan to portion of Mag Judge's ruling re production of documents [335-2] (LAD) (Entered: 07/01/2002)
349 NOTICE OF FILING EXHIBITS Re: objection [348-1] by dfts (LAD) (Entered: 07/01/2002)
350 NOTICE by pla EEOC OF TAKING DEPO OF Dan Flock on the following date(s): 7/24/02 at 2:00 pm (REW) (Entered: 07/03/2002)
351 Amended NOTICE by pla EEOC OF TAKING VIDEO DEPO OF AutoHR, Inc on the following date(s): 7/24/02 at 9:00 am (REW) (Entered: 07/03/2002)
354 NOTICE of service of discovery by pla EEOC . (REW) (Entered: 07/08/2002)
352 ORDER by Judge Mary H. Murguia denying dft's request to set aside Judge Duncan's ruling, re: objection [348-1], re: minute entry [335-2] (cc: all counsel) (REW) Modified on 10/31/2002 (Entered: 07/05/2002)
353 ORDER by Judge Mary H. Murguia denying dft's request to set aside Judge Duncan's ruling, re: objection [319-1], re: minute entry [308-2] (cc: all counsel) (REW) (Entered: 07/05/2002)
355 NOTICE of compliance of seventh supplemental disclosure statement pursuant to FRCivP 26(a) by dft Pinnacle Nissan Inc, dft ABC Nissan (REW) (Entered: 07/12/2002)
356 NOTICE of compliance of eighth supplemental disclosure statement pursuant to FRCivP 26(a) by dft Pinnacle Nissan Inc, dft ABC Nissan (REW) (Entered: 07/12/2002)
357 NOTICE of compliance of seventh and eighth supplemental disclosure statement pursuant to FRCivP 26(a) by dft Pinnacle Nissan Inc, dft ABC Nissan (REW) (Entered: 07/17/2002)
358 NOTICE of compliance of ninth, tenth, eleventh and twelfth supplemental disclosure statement pursuant to FRCivP 26(a) by dft Pinnacle Nissan Inc, dft ABC Nissan (REW) (Entered: 07/17/2002)
359 NOTICE of compliance of thirteenth, fourteenth, fifteenth, sixteenth and seventeenth supplemental disclosure statement pursuant to FRCivP 26(a) by dft Pinnacle Nissan Inc, dft ABC Nissan (REW) (Entered: 07/17/2002)
360 SUPPLEMENTAL OBJECTIONS and answers by dft ABC Nissan to plas' third set of interoogatories (REW) (Entered: 07/18/2002)
361 MOTION for issuance of order to show cause why dft ABC should not be held in contempt by pla EEOC, intervenor-plaintiff Samuel Darmo, intervenor-plaintiff Amer Darmo, intervenor-plaintiff Samuel Einhorn [361-1] , or otherwise sanctioned for refusing to obey this court's order of 7/5/02 (against dft ABC) by pla EEOC, intervenor-plaintiff Samuel Darmo, intervenor-plaintiff Amer Darmo, intervenor-plaintiff Samuel Einhorn [361-2] (REW) (Entered: 07/22/2002)
362 NOTICE of service of discovery by dft Pinnacle Nissan Inc, dft ABC Nissan . (REW) (Entered: 07/26/2002)

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07/19/2002 07/22/2002 07/23/2002 07/23/2002 07/26/2002 07/26/2002
07/31/2002 08/01/2002 08/02/2002 08/02/2002
08/05/2002 08/06/2002 08/09/2002

363 NOTICE by dft Pinnacle Nissan Inc, dft ABC Nissan OF TAKING DEPO OF Eva Montalvo on the following date(s): 8/28/02 at 2:30 pm (REW) (Entered: 07/26/2002)
364 STIPULATION for entry of confidentiality order by all parties (REW) (Entered: 07/26/2002)
365 NOTICE of service of discovery by dft Pinnacle Nissan Inc, dft ABC Nissan . (REW) (Entered: 07/26/2002)
366 NOTICE of compliance of tenth supplemental disclosure statement pursuant to FRCivP 26(a) by intervenor-plaintiff Samuel Darmo, intervenor-plaintiff Amer Darmo, intervenor-plaintiff Samuel Einhorn (REW) (Entered: 07/26/2002)
367 ORDER TO SHOW CAUSE by Judge Mary H. Murguia set for 4:00 8/28/02; hearing scheduled to determine whether dft ABC Nissan is in violation of the court's order of 7/5/02 and whether it should be held in contempt or otherwise sanctioned for violating the order (cc: all counsel) (REW) (Entered: 07/26/2002)
368 PROTECTIVE ORDER by Magistrate Judge David K. Duncan : granting stipulation for entry of confidentiality order by all parties; no party shall provide or disclose the content of any document designated as confidential; this order effective immediately and will survive and remain in full force and effect after the termination of these actions (cc: all counsel/9CCA) (REW) (Entered: 07/26/2002)
370 NOTICE by pla EEOC OF TAKING DEPO OF Patrick Beaman on the following date(s): 7/31/02 at 2:00 pm (REW) (Entered: 08/06/2002)
371 NOTICE of service of discovery by pla EEOC . (REW) (Entered: 08/06/2002)
372 NOTICE of compliance of twelfth supplemental disclosure statement pursuant to FRCivP 26(a) by pla EEOC (REW) (Entered: 08/06/2002)
373 NOTICE OF WITHDRAWAL by pla EEOC, intervenor-plaintiff Samuel Darmo, intervenor-plaintiff Amer Darmo, intervenor-plaintiff Samuel Einhorn of motion for issuance of order to show cause why dft ABC should not be held in contempt by pla EEOC, intervenor-plaintiff Samuel Darmo, intervenor-plaintiff Amer Darmo, intervenor-plaintiff Samuel Einhorn [361-1] [361-1] of motion otherwise sanctioned for refusing to obey this court's order of 7/5/02 (against dft ABC) by pla EEOC, intervenor-plaintiff Samuel Darmo, intervenor-plaintiff Amer Darmo, intervenor-plaintiff Samuel Einhorn [361-2] [361-2] (REW) (Entered: 08/06/2002)
369 MINUTE ORDER Pla and intervening plas' Notice of Withdrawal of their Joint Petition for the Issuance of an Order to Show Cause having been filed, order to show cause hearing set for 8/28/02 is vacated. (cc: all counsel) [369-2] (former emp) (Entered: 08/05/2002)
374 NOTICE of compliance of eleventh supplemental disclosure statement pursuant to FRCivP 26(a) by intervenor-plaintiff Samuel Darmo, intervenor-plaintiff Amer Darmo, intervenor-plaintiff Samuel Einhorn (REW) (Entered: 08/07/2002)
375 NOTICE by pla EEOC OF TAKING DEPO OF Mel Brickman on the following date(s): 9/10/02 at 1:30 pm (REW) (Entered: 08/12/2002)

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08/09/2002 08/09/2002 08/09/2002 08/09/2002 08/13/2002 08/16/2002 08/23/2002
08/23/2002 08/23/2002 08/27/2002 08/30/2002 08/30/2002 08/30/2002 09/03/2002
09/06/2002 09/10/2002

376 NOTICE by pla EEOC OF TAKING DEPO OF John Kahleg on the following date(s): 9/10/02 at 9:30 am (REW) (Entered: 08/12/2002)
377 NOTICE by pla EEOC OF TAKING DEPO OF William Flock on the following date(s): 8/29/02 at 1:00 pm (REW) (Entered: 08/12/2002)
378 Amended NOTICE by pla EEOC OF TAKING DEPO OF Dan Flock on the following date(s): 8/29/02 at 3:30 pm (REW) (Entered: 08/12/2002)
379 NOTICE by pla EEOC OF TAKING VIDEO DEPO OF AutoHR, Inc on the following date(s): 8/29/02 at 10:00 am (REW) (Entered: 08/12/2002)
380 NOTICE by pla EEOC OF TAKING DEPO OF George McConico on the following date(s): 8/26/02 at 9:30 am (REW) (Entered: 08/14/2002)
381 NOTICE by dft Pinnacle Nissan Inc, dft ABC Nissan of service of expert witness disclosure (REW) (Entered: 08/19/2002)
382 ORDER by Magistrate Judge David K. Duncan; parties directed to confer within 10 days to attempt to agree upon the reasonable limitations in scope regarding discovery of plas' medical records; if parties are unable to reach agrement on this issue, they shall so notify the court (cc: all counsel) re: order filed [382-1] (REW) (Entered: 08/23/2002)
383 NOTICE of compliance of eighteenth supplemental disclosure statement pursuant to FRCivP 26(a) by dft Pinnacle Nissan Inc, dft ABC Nissan (REW) (Entered: 08/26/2002)
384 STIPULATION AND REQUEST to extend time for pla to respond to dfts' requests for production by all parties (REW) (Entered: 08/26/2002)
385 AMENDED NOTICE by dft Pinnacle Nissan Inc, dft ABC Nissan OF TAKING VIDEOTAPED DEPO OF Eva Montalvo on the following date(s): 9/9/02 at 1:00 pm (REW) (Entered: 08/28/2002)
386 ORDER by Magistrate Judge David K. Duncan granting stipulation to extend time until 8/30/02 for pla and intervenors to respond to dfts' requests for production by all parties (cc: all counsel) (REW) (Entered: 08/30/2002)
388 NOTICE of service of discovery by pla EEOC . (REW) (Entered: 09/03/2002)
389 RETURNED MAIL addressed to: P David Lopez re order filed [382-1]; marked "Return to Sender, not deliverable as addressed" (REW) (Entered: 09/03/2002)
387 Copy of 9th Circuit Order; appellant's motion to further stay appellate proceedings pending this court's disposition of EEOC vs. Luce (00-57222) granted; appeal stayed until 10/23/02; remaining briefing schedule reset; filing of the opening brief or failure to file a further motion will terminate the stay, re: 01-16542 NOTICE of Interlocutory Appeal [138-1] (cc: judge) (REW) (Entered: 09/03/2002)
390 NOTICE by pla EEOC OF TAKING DEPO OF George Mcconico on the following date(s): 9/19/02 (former emp) (Entered: 09/10/2002)
391 NOTICE by dft Pinnacle Nissan Inc OF TAKING DEPO OF Lund Cadillac LLC on the following date(s): 9/19/02 at 9:00 am (REW) (Entered: 09/12/2002)

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09/10/2002 09/10/2002 09/10/2002 09/13/2002 09/16/2002 09/20/2002 09/20/2002
09/20/2002
09/20/2002
09/20/2002
09/23/2002 09/23/2002 09/23/2002

392 NOTICE by dft Pinnacle Nissan Inc OF TAKING VIDEO DEPO OF Steve Patterson on the following date(s): 9/20/02 at 1:00 pm (REW) (Entered: 09/12/2002)
393 NOTICE by dft Pinnacle Nissan Inc OF TAKING VIDEO DEPO OF Leonard Wechsler on the following date(s): 9/18/02 at 9:00 am (REW) (Entered: 09/12/2002)
394 AMENDED NOTICE by pla EEOC OF TAKING DEPO OF Mel Brickman on the following date(s): 9/17/02 at 1:30 pm (REW) (Entered: 09/12/2002)
395 AMENDED NOTICE by pla EEOC OF TAKING DEPO OF Mel Brickman on the following date(s): 9/19/02 at 3:30 pm (REW) (Entered: 09/19/2002)
396 SECOND AMENDED NOTICE by pla EEOC OF TAKING DEPO OF Mel Brickman on the following date(s): 9/19/02 at 3:30 pm (REW) (Entered: 09/20/2002)
397 NOTICE of service of discovery by pla EEOC . (REW) (Entered: 09/24/2002)
398 MOTION for partial summary judgment by pla EEOC, re: (1) dfts Pinnacle Nissan and ABC Nissan are a single employer for purposes of Title VII and this action; (2) for judgment as a matter of law dismissing the affirmative defenses [398-1] (REW) Modified on 11/13/2002 (Entered: 09/24/2002)
399 MEMORANDUM IN SUPPORT by pla EEOC of motion for partial summary judgment re by pla EEOC, re: (1) dfts Pinnacle Nissan and ABC Nissan are a single employer for purposes of Title VII and this action; (2) for judgment as a matter of law dismissing the affirmative defenses [398-1] [398-1] (REW) (Entered: 09/24/2002)
400 STATEMENT OF FACTS in support by pla EEOC re motion for partial summary judgment re by pla EEOC, re: (1) dfts Pinnacle Nissan and ABC Nissan are a single employer for purposes of Title VII and this action; (2) for judgment as a matter of law dismissing the affirmative defenses [398-1] [398-1] (REW) (Entered: 09/24/2002)
401 EXHIBITS (and Index) Re: statement of facts [400-1], memorandum in support [399-1], motion for partial summary judgment re by pla EEOC, re: (1) dfts Pinnacle Nissan and ABC Nissan are a single employer for purposes of Title VII and this action; (2) for judgment as a matter of law dismissing the affirmative defenses [398-1] [398-1] by pla EEOC (REW) (Entered: 09/24/2002)
402 NOTICE of compliance of nineteenth supplemental disclosure statement pursuant to FRCivP 26(a) by dft Pinnacle Nissan Inc, dft ABC Nissan (REW) (Entered: 09/24/2002)
403 MOTION to compel arbitration and supporting brief by dft Pinnacle Nissan Inc, dft ABC Nissan [403-1] (REW) (Entered: 09/24/2002)
404 MOTION for partial summary judgment on single employer/joint employer issues by dft Pinnacle Nissan Inc, dft ABC Nissan [404-1] (REW) (Entered: 09/24/2002)

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09/23/2002 09/23/2002 09/23/2002 09/23/2002 09/23/2002 09/23/2002 09/23/2002 09/25/2002
09/25/2002 09/25/2002

405 STATEMENT OF UNDISPUTED FACTS in support by dft Pinnacle Nissan Inc, dft ABC Nissan re motion for partial summary judgment on single employer/joint employer issues by dft Pinnacle Nissan Inc, dft ABC Nissan [404-1] [404-1] (REW) (Entered: 09/24/2002)
406 MOTION for partial summary judgment on claims asserted by pla on behalf of class members Abazly, De Luna, and Guazelli (res judicata) and supporting brief by dft Pinnacle Nissan Inc, dft ABC Nissan [406-1] (REW) (Entered: 09/24/2002)
407 STATEMENT OF UNDISPUTED FACTS in support by dft Pinnacle Nissan Inc, dft ABC Nissan re motion for partial summary judgment on claims asserted by pla on behalf of class members Abazly, De Luna, and Guazelli (res judicata) by dft Pinnacle Nissan Inc, dft ABC Nissan [406-1] [406-1] (REW) (Entered: 09/24/2002)
408 MOTION for partial summary judgment on retaliation claims by dft Pinnacle Nissan Inc, dft ABC Nissan [408-1] (REW) (Entered: 09/24/2002)
409 STATEMENT OF UNDISPUTED FACTS in support by dft Pinnacle Nissan Inc, dft ABC Nissan re motion for partial summary judgment on retaliation claims by dft Pinnacle Nissan Inc, dft ABC Nissan [408-1] [408-1] (REW) (Entered: 09/24/2002)
410 MOTION for partial summary judgment on claims asserted by pla on behalf of Mike Madrid by dft Pinnacle Nissan Inc, dft ABC Nissan [410-1] (REW) (Entered: 09/24/2002)
411 STATEMENT OF UNDISPUTED FACTS in support by dft Pinnacle Nissan Inc, dft ABC Nissan re motion for partial summary judgment on claims asserted by pla on behalf of Mike Madrid by dft Pinnacle Nissan Inc, dft ABC Nissan [410-1] [410-1] (REW) (Entered: 09/24/2002)
412 ORDER by Judge Mary H. Murguia denying motion to compel arbitration by dft Pinnacle Nissan Inc, dft ABC Nissan [169-1]; granting in part and denying in part motion to strike affirmative defenses by pla EEOC [181-1], paragraph 34 in AIG's answer to amended complaint and paragraph 32 in Pinnacle Nissan's answer to amended complaint are stricken; granting motion for partial summary judgment on claims asserted by pla on behalf of class members Abazly and Guazelli by dft Pinnacle Nissan Inc, dft ABC Nissan [245-1]; denying cross-motion for partial summary judgment re: dfts' affirmative defenses of failure to exhaust administrative remedies and laches, by pla EEOC [289-1]; denying as moot motion to strike declaration of Gregory J Crapo by pla EEOC [281-1], re: dfts' motion for partial summary judgment (cc: all counsel/9CCA) (REW) Modified on 09/25/2002 (Entered: 09/25/2002)
413 NOTICE by dft Pinnacle Nissan Inc, dft ABC Nissan re: dfts' motions for partial summary judgment filed on 9/23/02 (REW) (Entered: 09/27/2002)
414 NOTICE OF FILING ORIGINAL DECLARATIONS of John Cleaves and Gregory J Crapo, re: statement of facts [405-1], re motion for partial summary judgment on single employer/joint employer issues by dft Pinnacle Inc, dft ABC Nissan [404-1] by dft Pinnacle Nissan Inc, dft ABC Nissan (REW) (Entered: 09/27/2002)

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10/01/2002 10/01/2002 10/01/2002 10/01/2002 10/01/2002 10/08/2002 10/10/2002 10/11/2002 10/11/2002 10/17/2002
10/29/2002
10/31/2002 11/04/2002

415 NOTICE of service of discovery by dft Pinnacle Nissan Inc, dft ABC Nissan . (REW) (Entered: 10/02/2002)
416 NOTICE of service of discovery by dft Pinnacle Nissan Inc, dft ABC Nissan . (REW) (Entered: 10/02/2002)
417 NOTICE of compliance of first amended fourteenth supplemental disclosure statement pursuant to FRCivP 26(a) by dft Pinnacle Nissan Inc, dft ABC Nissan (REW) (Entered: 10/02/2002)
418 NOTICE of compliance of first amended sixteenth supplemental disclosure statement pursuant to FRCivP 26(a) by dft Pinnacle Nissan Inc, dft ABC Nissan (REW) (Entered: 10/02/2002)
419 NOTICE of compliance of first amended seventeenth supplemental disclosure statement pursuant to FRCivP 26(a) by dft Pinnacle Nissan Inc, dft ABC Nissan (REW) (Entered: 10/02/2002)
420 NOTICE of compliance of 20th supplemental disclosure statement pursuant to FRCivP 26(a) by dft Pinnacle Nissan Inc (LAD) (Entered: 10/10/2002)
421 NOTICE of compliance of twenty-first supplemental disclosure statement pursuant to FRCivP 26(a) by dft Pinnacle Nissan Inc, dft ABC Nissan (REW) (Entered: 10/16/2002)
422 MOTION for leave to file supplemental answers and supporting brief by dft Pinnacle Nissan Inc, dft ABC Nissan [422-1] (lodged document placed on left side of file) (REW) Modified on 02/21/2003 (Entered: 10/16/2002)
LODGED: (1) dft Pinnacle Nissan's supplemental answer to first amended complaint; (2) dft ABC Nissan's supplemental answer to first amended complaint (document placed on left side of file at case closing; motion never ruled upon) (REW) Modified on 02/21/2003 (Entered: 10/16/2002)
423 STIPULATION for extension of time to file responses to motions for partial summary judgment and expert reports by dft Pinnacle Nissan Inc, dft ABC Nissan, intervenor-plaintiff Samuel Darmo, intervenor-plaintiff Amer Darmo, intervenor-plaintiff Samuel Einhorn, re: motions [410-1], [408-1], [406-1], [404-1], [398-1] (REW) (Entered: 10/18/2002)
424 ORDER by Judge Mary H. Murguia granting stipulation for extension of time to file responses to motions for partial summary judgment and expert reports by dft Pinnacle Nissan Inc, dft ABC Nissan, intervenor-plaintiff Samuel Darmo, intervenor-plaintiff Amer Darmo, intervenor-plaintiff Samuel Einhorn; all parties may file their responses to the various motions for summary judgment by 11/8/92, re: motions [410-1], [408-1], [406-1], [404-1], [398-1]; all parties may file their expert reports by 11/8/02; all future such requests must detail the reasons that good cause exists for such an extension; such requests will not automatically be granted (cc: all counsel) (REW) (Entered: 10/29/2002)
425 RESPONSE by pla EEOC to motion for leave to file supplemental answers by dft Pinnacle Nissan Inc, dft ABC Nissan [422-1] (REW) (Entered: 11/04/2002)
426 Copy of 9th Circuit Order; appellant's motion to stay appellate proceedings denied without prejudice to a renewed motion demonstrating that the district

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11/08/2002

court would have jurisdiction to consider a motion to compel during the pendency of the instant appeal; renewed motion to stay or for other appropriate relief due 11/19/02; remaining briefing schedule reset, re: 01-16542 NOTICE of Interlocutory Appeal [138-1] (cc: judge) (REW) (Entered: 11/04/2002)
427 RESPONSE by pla EEOC to motion to compel arbitration by dft Pinnacle Nissan Inc, dft ABC Nissan [403-1] (REW) (Entered: 11/13/2002)
428 RESPONSE in Opposition by pla EEOC to motion for partial summary judgment on single employer/joint employer issues by dft Pinnacle Nissan Inc, dft ABC Nissan [404-1] (REW) (Entered: 11/13/2002)
429 STATEMENT OF FACTS in opposition by pla EEOC to motion for partial summary judgment on single employer/joint employer issues by dft Pinnacle Nissan Inc, dft ABC Nissan [404-1], re: response [428-1] (REW) (Entered: 11/13/2002)
430 RESPONSE by pla EEOC to motion for partial summary judgment on retaliation claims by dft Pinnacle Nissan Inc, dft ABC Nissan [408-1] (REW) (Entered: 11/13/2002)
431 STATEMENT OF FACTS in opposition by pla EEOC to motion motion for partial summary judgment on retaliation claims by dft Pinnacle Nissan Inc, dft ABC Nissan [408-1], re: response [430-1] (REW) (Entered: 11/13/2002)
432 RESPONSE in opposition by pla EEOC to motion for partial summary judgment on claims asserted by pla on behalf of Mike Madrid by dft Pinnacle Nissan Inc, dft ABC Nissan [410-1] (REW) (Entered: 11/13/2002)
433 STATEMENT OF FACTS in opposition by pla EEOC to motion for partial summary judgment on claims asserted by pla on behalf of Mike Madrid by dft Pinnacle Nissan Inc, dft ABC Nissan [410-1], re: response [432-1] (REW) (Entered: 11/13/2002)
434 RESPONSE by pla EEOC to motion for partial summary judgment on claims asserted by pla on behalf of class members Abazly, De Luna, and Guazelli (res judicata) by dft Pinnacle Nissan Inc, dft ABC Nissan [406-1] (REW) (Entered: 11/13/2002)
435 NOTICE by dft Pinnacle Nissan Inc, dft ABC Nissan of service of dfts' expert reports of Dr M Brad Bayless, Mark R Thaw, Robert Dalimore and James W Potts (REW) (Entered: 11/13/2002)
436 MOTION to extend time until 11/15/02 to file expert report of Randall Sorensen by dft Pinnacle Nissan Inc, dft ABC Nissan [436-1] (REW) (Entered: 11/13/2002)
437 OBJECTIONS TO and MOTION to strike motion for partial summary judgment by pla EEOC, re: (1) dfts Pinnacle Nissan and ABC Nissan are a single employer for purposes of Title VII and this action; (2) for judgment as a matter of law dismissing the affirmative defenses [398-1] [398-1] by dft Pinnacle Nissan Inc, dft ABC Nissan [437-1] (REW) (Entered: 11/13/2002)
438 MOTION for leave to file combined response to pla EEOC's motion for partial summary judgment by dft Pinnacle Nissan Inc, dft ABC Nissan [438-1] (REW)

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11/19/2002 11/21/2002 11/22/2002 11/25/2002 11/25/2002 12/04/2002

Modified on 01/17/2003 (Entered: 11/13/2002)
LODGED: (1) dfts' combined response to pla EEOC's motion for partial summary judgment by dft Pinnacle Nissan Inc, dft ABC Nissan; (2) statement of undisputed facts in support of dfts' combined response to pla EEOC's motion for partial summary judgment (REW) (Entered: 11/13/2002)
439 NOTICE of compliance of twenty-third supplemental disclosure statement pursuant to FRCivP 26(a) by dft Pinnacle Nissan Inc, dft ABC Nissan (REW) (Entered: 11/15/2002)
440 REPLY in support by dft Pinnacle Nissan Inc, dft ABC Nissan to response to motion for leave to file supplemental answers and supporting brief by dft Pinnacle Nissan Inc, dft ABC Nissan [422-1] (REW) (Entered: 11/19/2002)
441 NOTICE by dft Pinnacle Nissan Inc, dft ABC Nissan of service of dfts' expert report of Randall C Sorensen (REW) (Entered: 11/19/2002)
442 UNOPPOSED MOTION to extend time for plas to depose dfts' expert witnesses by pla EEOC [442-1] and RESPONSE to motion to strike motion for partial summary judgment by pla EEOC, re: (1) dfts Pinnacle Nissan and ABC Nissan are a single employer for purposes of Title VII and this action; (2) for judgment as a matter of law dismissing the affirmative defenses [398-1] [398-1] by dft Pinnacle Nissan Inc, dft ABC Nissan [437-1] [437-1] by pla EEOC (REW) (Entered: 11/21/2002)
442 REPLY by pla EEOC to response to motion for partial summary judgment by pla EEOC, re: (1) dfts Pinnacle Nissan and ABC Nissan are a single employer for purposes of Title VII and this action; (2) for judgment as a matter of law dismissing the affirmative defenses [398-1] (REW) (Entered: 11/21/2002)
443 Notice of Filing Original AFFIDAVITS of Sam Darmo and Amer Darmo in support of statement of facts [431-1], re: response to motion [430-1], re: motion for partial summary judgment on retaliation claims by dft Pinnacle Nissan Inc, dft ABC Nissan [408-1] by pla EEOC (REW) (Entered: 11/21/2002)
444 ORDER by Judge Mary H. Murguia granting motion to extend time until 11/15/02 to file expert report of Randall Sorensen by dft Pinnacle Nissan Inc, dft ABC Nissan [436-1] (cc: all counsel) (REW) (Entered: 11/22/2002)
445 NOTICE of compliance of twenty-fourth supplemental disclosure statement pursuant to FRCivP 26(a) by dft Pinnacle Nissan Inc, dft ABC Nissan (REW) (Entered: 11/27/2002)
446 AMENDED UNOPPOSED MOTION to extend time for plas to depose dfts' expert witnesses until 1/31/03, all motion for summary judgment replies until 12/10/02 and EEOC's response to motion to strike until 12/10/02 by pla EEOC [446-1] (REW) (Entered: 11/29/2002)
447 ORDER by Judge Mary H. Murguia granting motion to extend time for plas to depose dfts' expert witnesses until 1/31/03 and all motion for summary judgment replies until 12/10/02 and EEOC's response to motion to strike until 12/10/02 by pla EEOC [446-1], re: motions [398-1], [437-1], [410-1], [408-1], [406-1], [404-1], [398-1] (cc: all counsel) (REW) (Entered: 12/04/2002)

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CM/ECF - azd - Docket Report

https://ecf.azd.uscourts.gov/cgi-bin/DktRpt.pl?324050929619162-L_35...

12/10/2002 12/10/2002 12/10/2002
12/10/2002
12/10/2002 12/10/2002 12/10/2002 12/10/2002 12/11/2002 12/11/2002 12/11/2002

448 REPLY in support by dft Pinnacle Nissan Inc, dft ABC Nissan to response to motion for partial summary judgment on single employer/joint employer issues by dft Pinnacle Nissan Inc, dft ABC Nissan [404-1] (REW) (Entered: 12/12/2002)
449 SUPPLEMENTAL STATEMENT OF UNDISPUTED FACTS in support by dft Pinnacle Nissan Inc, dft ABC Nissan re motion for partial summary judgment on single employer/joint employer issues by dft Pinnacle Nissan Inc, dft ABC Nissan [404-1] [404-1] (REW) (Entered: 12/12/2002)
450 RESPONSE by dft Pinnacle Nissan Inc, dft ABC Nissan to pla's statement of facts in opposition (objections) [429-1], to statement of undisputed facts in support of motion for partial summary judgment on single employer/joint employer issues by dft Pinnacle Nissan Inc, dft ABC Nissan [404-1] [404-1] (REW) (Entered: 12/12/2002)
451 REPLY BRIEF in support by dft Pinnacle Nissan Inc, dft ABC Nissan to response to motion for partial summary judgment on claims asserted by pla on behalf of class members Abazly, De Luna, and Guazelli (res judicata) and supporting brief by dft Pinnacle Nissan Inc, dft ABC Nissan [406-1] (REW) (Entered: 12/12/2002)
452 REPLY in support by dft Pinnacle Nissan Inc, dft ABC Nissan to response to motion for partial summary judgment on retaliation claims by dft Pinnacle Nissan Inc, dft ABC Nissan [408-1] (REW) (Entered: 12/12/2002)
453 SUPPLEMENTAL STATEMENT OF UNDISPUTED FACTS in support by dft Pinnacle Nissan Inc, dft ABC Nissan, re: motion for partial summary judgment on retaliation claims by dft Pinnacle Nissan Inc, dft ABC Nissan [408-1] [408-1] (REW) (Entered: 12/12/2002)
454 OBJECTIONS by dft Pinnacle Nissan Inc, dft ABC Nissan to evidence in response to motion [430-1], re: motion for partial summary judgment on retaliation claims by dft Pinnacle Nissan Inc, dft ABC Nissan [408-1] [408-1] (REW) (Entered: 12/12/2002)
455 REPLY BRIEF in support by dft Pinnacle Nissan Inc, dft ABC Nissan to response to motion for partial summary judgment on claims asserted by pla on behalf of Mike Madrid by dft Pinnacle Nissan Inc, dft ABC Nissan [410-1] (REW) (Entered: 12/12/2002)
456 MOTION for extension of time to file response to dfts' motion to strike by pla EEOC [456-1] (REW) (Entered: 12/12/2002)
457 MOTION for leave to take depositions pursuant to Federal Rule 56(f) by pla EEOC [457-1] (REW) (Entered: 12/12/2002)
457 REPLY by pla EEOC to dfts' combined response to motion for partial summary judgment by pla EEOC, re: (1) dfts Pinnacle Nissan and ABC Nissan are a single employer for purposes of Title VII and this action; (2) for judgment as a matter of law dismissing the affirmative defenses [398-1] (NOTE: dfts' combined response remains lodged; this document included as part of pla's motion for leave to take depositions) (REW) (Entered: 12/12/2002)

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CM/ECF - azd - Docket Report

https://ecf.azd.uscourts.gov/cgi-bin/DktRpt.pl?324050929619162-L_35...

12/12/2002
12/19/2002 12/20/2002 12/23/2002 12/23/2002
12/30/2002 01/10/2003 01/17/2003 01/17/2003
01/17/2003 01/17/2003

458 JOINT RESPONSE by pla EEOC, intervenor-plaintiff Samuel Darmo, intervenor-plaintiff Amer Darmo to motion to strike motion for partial summary judgment by pla EEOC, re: (1) dfts Pinnacle Nissan and ABC Nissan are a single employer for purposes of Title VII and this action; (2) for judgment as a matter of law dismissing the affirmative defenses [398-1] [398-1] by dft Pinnacle Nissan Inc, dft ABC Nissan [437-1] (REW) (Entered: 12/16/2002)
459 NOTICE of compliance of twenty-fifth supplemental disclosure statement pursuant to FRCivP 26(a) by dft Pinnacle Nissan Inc, dft ABC Nissan (REW) (Entered: 12/20/2002)
461 NOTICE of compliance of twenty-sixth supplemental disclosure statement pursuant to FRCivP 26(a) by dft Pinnacle Nissan Inc, dft ABC Nissan (REW) (Entered: 12/23/2002)
460 ORDER by Judge Mary H. Murguia granting motion for extension of time until 12/11/02 to file response to dfts' motion to strike by pla EEOC [456-1], re: response [458-1] (cc: all counsel) (REW) (Entered: 12/23/2002)
462 REPLY in support by dft Pinnacle Nissan Inc, dft ABC Nissan to response (objections) to and motion to strike motion for partial summary judgment by pla EEOC, re: (1) dfts Pinnacle Nissan and ABC Nissan are a single employer for purposes of Title VII and this action; (2) for judgment as a matter of law dismissing the affirmative defenses [398-1] [398-1] by dft Pinnacle Nissan Inc, dft ABC Nissan [437-1] (REW) (Entered: 12/26/2002)
463 RESPONSE (in Opposition) by dft Pinnacle Nissan Inc, dft ABC Nissan to motion for leave to take depositions pursuant to Federal Rule 56(f) by pla EEOC [457-1] (REW) (Entered: 12/31/2002)
464 UNOPPOSED MOTION to extend time for pla to file it's reply by pla EEOC, re: motion for rule 56(f) continuance [464-1] (REW) (Entered: 01/13/2003)
465 ORDER by Judge Mary H. Murguia granting motion to extend time until 1/24/03 for pla to file it's reply by pla EEOC, re: motion for rule 56(f) continuance [464-1], re: motion [457-1] (cc: all counsel) (REW) (Entered: 01/17/2003)
466 ORDER by Judge Mary H. Murguia granting motion for leave to file combined response to pla EEOC's motion for partial summary judgment by dft Pinnacle Nissan Inc, dft ABC Nissan [438-1]; vacating [0-0] lodged document; re: motion for partial summary judgment by pla EEOC [398-1]; granting motion for extension of time to file response to dfts' motion to strike by pla EEOC [456-1] (motion previously granted on 12/23/02) (cc: all counsel) (REW) (Entered: 01/17/2003)
467 COMBINED RESPONSE by dft Pinnacle Nissan Inc, dft ABC Nissan to motion for partial summary judgment by pla EEOC, re: (1) dfts Pinnacle Nissan and ABC Nissan are a single employer for purposes of Title VII and this action; (2) for judgment as a matter of law dismissing the affirmative defenses [398-1] (REW) (Entered: 01/17/2003)
468 STATEMENT OF UNDISPUTED FACTS in support by dft Pinnacle Nissan Inc, dft ABC Nissan, re: combined response to motion [467-1], motion for partial summary judgment by pla EEOC, re: (1) dfts Pinnacle Nissan and ABC Nissan

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CM/ECF - azd - Docket Report

https://ecf.azd.uscourts.gov/cgi-bin/DktRpt.pl?324050929619162-L_35...

02/18/2003 02/18/2003 02/21/2003
02/21/2003 05/06/2003

are a single employer for purposes of Title VII and this action; (2) for judgment as a matter of law dismissing the affirmative defenses [398-1] [398-1] (REW) (Entered: 01/17/2003)
469 STIPULATION to dismiss dft ABC Nissan by all parties (REW) (Entered: 02/21/2003)
470 JOINT MOTION for entry of consent decree by all parties [470-1] (REW) (Entered: 02/21/2003)
471 CONSENT (DECREE) JUDGMENT by Judge Mary H. Murguia : resolving all claims; injunctive relief regarding discrimination and retaliation; appointment of ombudsperson; corrective policies and practices; reporting; monetary relief, Pinnacle Nissan to pay Commission and Intervenors $361,451.00, settlement amounts to each EEOC charging party and class member, attorney fees to Steve Montoya; and other miscellaneious non-monetary individual relief; earh party to bear is costs and attorneys' fees (except as above); duration of this Decree will be 2 years from entry; this court will retain jurisdiction over this action for the duration of the Decree; this Decree will expire by its own terms at the end of 24 months from entry without further action by parties; granting motion for entry of consent decree by all parties [470-1] terminating case (cc: all counsel/9CCA) (REW) (Entered: 02/21/2003)
472 ORDER by Judge Mary H. Murguia granting stipulation to dismiss with prejudice dft ABC Nissan by all parties; each party to bear its own attorneys' fees and costs as to the dismissed claims (cc: all counsel) (REW) (Entered: 02/21/2003)
473 CERTIFIED COPY of 9th Circuit Mandate; parties' motion for voluntary dismissal of this appeal granted; appeal dismissed, re: 01-16542 [138-1] (cc: all counsel/judge) (REW) (Entered: 05/06/2003)

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 EEOC LITIGATION SETTLEMENT REPORT - FEBRUARY 2003

http://www.eeoc.gov/litigation/settlements/settlement02-03.html

EEOC v. Pinnacle Nissan, Inc., and ABC Nissan, d/b/a Automotive Investment Group, Inc. No. CIV 00-1872 PHX MHM (D. Ariz. February 20, 2003)
The Phoenix District Office alleged in this Title VII lawsuit that defendant, a car dealership, subjected employees to a hostile working environment based upon their national origin (Middle- Eastern and Hispanic) and religion (Jewish) and retaliated against those employees who opposed discrimination. The case was resolved through a consent decree which provides for a total payment of $361,451 to seven claimants (ranging from $168,000 to $6,667) plus an additional $159,549 in fees and costs to the attorney representing three claimants who intervened. Pursuant to the decree, defendant agrees that it will not discriminate based on national origin or religion or retaliate against any employee who opposes discriminatory practices. Defendant will evaluate managerial personnel on their performance in responding to employee discrimination complaints and for their compliance with EEO laws and will discipline any manager who fails to enforce defendant's anti-discriminatory policies and EEO laws. Defendant also agrees to hire an Ombudsperson, who will report directly to defendant's president, to review its anti-discrimination policies, establish a diversity awareness program and investigate complaints of discrimination.

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 EEOC AND PINNACLE NISSAN SETTLE NATIONAL ORIGINAN...

http://www.eeoc.gov/press/2-19-03.html

The U.S. Equal Employment Opportunity Commission

FOR IMMEDIATE RELEASE Wednesday, February 19, 2003

CONTACT: Mary Jo O'Neill Regional Attorney (602) 640-5044

C. Emanuel Smith Supervisory Trial Attorney (602) 640-5033

TTY:

David Lopez Trial Attorney (602) 640-5016 (602) 640-5072

EEOC and Pinnacle Nissan Settle National Origin and Religious Harassment Lawsuit
The U.S. Equal Employment Opportunity Commission (EEOC) today announced the settlement of a class national origin and religious harassment and discrimination lawsuit filed against Pinnacle Nissan, a Scottsdale, Arizona-based automobile dealership (EEOC v. Pinnacle Nissan, CIV 00-1872 PHX MHM).
Under the terms of the Consent Decree submitted for approval to the United States District Court for the District of Arizona, Pinnacle Nissan will pay $361,451 to resolve claims brought by the EEOC on behalf of three charging parties, Sam Darmo, Sam Einhorn, and Amer Darmo and a class of four individuals, Mike Madrid, Bassam Abazly, Claudio Guazzelli, and Sal De Luna. Pinnacle Nissan also agreed to strengthen its policies prohibiting discrimination and harassment and provide training to employees, supervisors, and management supervised by the EEOC. Pinnacle Nissan also agreed to hire an Ombudsperson, who will review Pinnacle's anti-harassment policies, establish a meaningful diversity awareness program, and investigate all complaints of discrimination. Pinnacle Nissan has agreed to an injunction and to evaluate their managers for EEO compliance. Pinnacle Nissan will also pay attorneys fees and costs as part of the agreement with the EEOC. The term of the Consent Decree is for two years.
In the lawsuit filed on September 29, 2000, the EEOC alleged that six former employees of Pinnacle Nissan were subjected to a hostile working environment on the basis of national origin, Middle Eastern and Hispanic, and one former employee was subjected to a hostile work environment because of his religion, Jewish. The EEOC attempted to conciliate and settle this matter before it filed the lawsuit.
"By entering into this Consent Decree, management at Pinnacle Nissan has committed to equal employment opportunity. We hope that this will ensure that employees at Pinnacle Nissan will be able to work in an environment free of harassment because of their national origin or religion," said Charles Burtner, District Director of the Phoenix EEOC office.
Regional Attorney Mary Jo O'Neill remarked, "The Commission is very pleased with the resolution of this case, especially for the former employees of Pinnacle Nissan. It is our hope that the Consent Decree announced today will be a significant achievement that solidifies the improvements Pinnacle Nissan is making in its employment practices and will ensure that future complaints of discrimination and harassment will be addressed at Pinnacle Nissan."
While not admitting any wrongdoing, Pinnacle Nissan, emphasized its commitment to maintaining a workplace free of discrimination, as well as its desire to get on with the business of selling cars. "This settlement agreement reflects Pinnacle Nissan's ongoing commitment to equal opportunity in employment. Pinnacle Nissan wants to send a message to employees that discrimination of any kind will not be tolerated," said Chris Garrett, spokesperson for Pinnacle Nissan.
The EEOC enforces Title VII of the Civil Rights Act of 1964, as amended, which prohibits employment discrimination based on race, color, religion, sex or national origin; the Age Discrimination in Employment Act; the Equal Pay Act; Title I of the Americans with Disabilities Act, which prohibits disability discrimination against employees in the private sector and state and local governments; certain prohibitions in the Rehabilitation Act against discrimination affecting individuals with disabilities in the federal sector; and certain sections of the Civil Rights Act of 1991. Further information about the EEOC is available on the agency's Web site at www.eeoc.gov.
This page was last modified on February 19, 2003.

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