UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN

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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,

Civil Action No. 1 : 0 5 CV 0 4 4.6

v.
SPECTRUM HEALTH WORTH HOME CARE, INC.,

Gordon J. Quist U.S. District Judg.

Defendant.

COMPLAINT AND JURY DEMAND

_______________________________1 NATURE OF THE ACTION
This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of sex and race, and to provide appropriate relief to Charging Parties Kisha Childrey and Diane Wilson, and other similarly situated individuals, who were adversely affected by such practices. Plaintiff United States Equal Employment Opportunity Commission ( the "Commission" or "EEOC") alleges that Kisha Childrey and Diane Wilson, African American females, and other similarly situated individuals were sexually andlor racially harassed by Kyle Briggs, a patient under their care as home health care providers, and that Defendant Spectrum Worth Home Care ("Defendant" or "Employer"), having knowledge of the harassment, failed to take reasonable care to prevent the harassment, and failed to take effective corrective action reasonably calculated to end the harassment. The Commission further alleges that Kisha Childrey was constructively discharged

when she was unable to return to work after being raped at knife point by patient Kyle Briggs. JURISDICTION AND VENUE
l. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343, and 1345. This action is authorized and instituted pursuant to Sections 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e-5(f)(1) and (3) and 42 U.S.C. § 2000e-6(e) ("Title VII"), and Section 102 of the Civil Rights Act of 1991,42 U.S.c. § 1981(a).
2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Western District of Michigan.
3. Plaintiff EEOC, is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by Section 706(f)(1) and (3) of Title VII, 42 U.S.C. §§ 2000e-5(f)(1) and (3).
4. At all relevant times, Defendant has continuously been a corporation doing business in the State of Michigan and the City of Grand Rapids, and has continuously had at least fifteen (15) employees.
5. At all relevant times, Defendant has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g), and (h) of Title VII, 42 U.S.c. §§ 2000e(b), (g), and (h). STATEMENT OF CLAIMS
6. More than thirty days prior to the institution of this lawsuit, Kisha Childrey and Diane Wilson ("Childrey" and "Wilson") filed a charge with the Commission alleging 2

violations of Title VII by Defendant. All conditions precedent to the institution of this

lawsuit have been fulfilled.

7. Since at least February of 2004, Defendant has engaged in unlawful employment

practices in its Grand Rapids, Michigan facility, in violation of Section 703(a), 42 U.S.C.

§2000e-2(a). The unlawful employment practices include the following:

a. Beginning in February of 2004, Kyle Briggs began making sexual

comments to Childrey and Wilson such as:

1) "Can I put my vanilla in your chocolate and make a milkshake?"

2) "Have you ever had it in the booty"

3) "Is the inside of your p-y pink even though you are black?"

b. Beginning in February of 2004, Kyle Briggs made racially harassing

comments to Childrey and Wilson, including, but not limited to:

1) "Can you teach me to speak monkey too?"

2) Continually referred too Childrey and Wilson as "n----rs."

c. Briggs grabbed Wilson's head and pushed it into his erect penis.

d. Briggs ran his hand up Wilson's thigh and grabbed her vagina.

e. On March 31, 2004, Briggs raped Childrey at knife point by penetrating

her with his finger and penis and biting her vagina.

f.

Defendants, having knowledge of the harassment by Briggs, failed to take

reasonable care to prevent the harassment and failed to take effective

corrective action reasonably calculated to end the harassment.

g. As a result of the rape, Childrey was constructively discharged from her

3

employment with Defendant. 8. Defendant was aware of Childrey's and Wilson's opposition to Kyle Briggs' unwelcome
sexual conduct. 9. The effect of the conduct complained of in paragraphs 7, and 8, above, has been to
deprive Childrey and Wilson, and other similarly situated individuals of equal employment opportunities and otherwise adversely affect their status as employees because of their sex and race. 10. As a result of the unlawful employment practices complained of in paragraphs 7 and 8, above, Childrey and Wilson, and other similarly situated individuals have suffered pecuniary compensatory damages and non-pecuniary compensatory damages in the nature of emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and lost wages. 11. The unlawful employment practices complained of in paragraphs 7 and 8, above, were intentional. 12. The unlawful employment practices complained of in paragraphs 7 and 8, above, were done with malice or with reckless indifference to Childrey's and Wilson's, and other similarly situated individuals federally protected rights.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: a. GRANT a permanent injunction enjoining Defendant Employer its officers,
successors, assigns, and all persons in active concert or participation with it, from engaging in sexual harassment and any other unlawful employment practices
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which discriminate on the basis of sex and race.

b. ORDER Defendant to provide mandatory training regarding Title VII and its

prohibition against sexual and racial harassment to all management and non-

management employees at its Grand Rapids facility.

c. ORDER Defendant to institute and carry out policies, practices and programs

which provide equal employment opportunities for women and African

Americans, and which eradicate the effects of their past and present unlawful

employment practices.

d. Order Defendants to make whole Childrey and Wilson, and other similarly

situated individuals, by providing the appropriate amount of back pay with

prejudgment interest, in an amount to be proven at trial, and other affirmative

relief necessary to eradicate the effects of its unlawful employment practices.

e. ORDER Defendant to make whole Childrey and Wilson, and other similarly

situated individuals by providing compensation for past and future pecuniary

losses resulting from the unlawful employment practices described in paragraphs

7 and 8, above, in amounts to be proven at trial.

f.

ORDER Defendant to make whole Childrey and Wilson, and other similarly

situated individuals by providing compensation for past and future non-pecuniary

losses resulting from the unlawful practices complained of in paragraphs 7 and 8,

above, in amounts to be proven at trial.

g. ORDER Defendant to pay Childrey and Wilson, and other similarly situated

individuals punitive damages for their malicious or reckless conduct described in

5

paragraphs 7 and 8, above, in amounts to be proven at trial.

h. GRANT such further relief as the Court deems necessary and proper in the public

interest.

1.

AWARD the Commission its costs of this action.

JURY TRIAL DEMAND

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

Respectfully submitted,

ERIC S. DREIBAND General Counsel

JAMES LEE Deputy General Counsel
ADEL~O~,ttd;;
Regional Attorney

ROBERT DAWKINS (P38289) Supervisory Trial Attorney

TAMMY C. KLEIN (P60256) Trial Attorney

Filed: June d "} , 2005

DETROIT DISTRICT OFFICE Patrick V. McNamara Bldg. 477 Michigan Avenue, Room 865 Detroit, Michigan 48226 Telephone: (313) 226-5673

6

 
 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN - SOUTHERN DIVISION ____________________________________________________________

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,

Case No. 1:05-CV-446 Honorable Gordon J. Quist

KISHA CHILDREY; and DIANE WILSON, Jointly and Severally,
Intervening Plaintiffs,

v.

SPECTRUM HEALTH WORTH HOME CARE, INC., Defendant.
____________________________________________________________________________/

Adele Rapport (P44833) Robert K. Dawkins (P38289) Tammy C. Klein (P60256)
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Attorneys for Plaintiff EEOC 477 Michigan Avenue, Room 865 Detroit, Michigan 48226 (313) 226-7636

Stephen R. Drew (P24323) Ann M. Cooper (P36977) Brian K. Lawson (P47124)
DREW, COOPER & ANDING
Attorney for Intervening Plaintiffs 125 Ottawa Avenue NW, Suite 300 Grand Rapids, Michigan 49503 (616) 454-8300

____________________________________________________________________________/

COMPLAINT IN INTERVENTION AND JURY DEMAND

NOW COME Intervening Plaintiffs Kisha Childrey and Diane Wilson, by and

through their attorneys, DREW, COOPER & ANDING, by Stephen R. Drew, and hereby

state as follows:

JURISDICTION 1. This action arises pursuant to Title VII of the 1964 Civil Rights Act, as amended,
42 U.S.C. § 2000e et seq., Title I of the Civil Rights Act of 1991, 42 U.S.C. § 1981, and 42 U.S.C. § 1988. Jurisdiction is specifically conferred on this Court by the aforementioned statutory provisions. The jurisdiction of the Court is invoked pursuant to 42 U.S.C. § 2000e-5(f), 28 U.S.C. §§ 2201 and 2202, 28 U.S.C. §1343; and 28 U.S.C. §1367 (supplemental jurisdiction). Jurisdiction is further requested pursuant to the Motion to Intervene individually on behalf of Kisha Childrey and Diane Wilson in the currently pending case of Equal Employment Opportunity Commission v. Spectrum Health Worth Home Care, Civil Action No. 1:05-CV446, pursuant to Federal Rules of Civil Procedure 24(a), 24(b), and 24(c), and § 706(f)(1) of Title VII of the Civil Rights Act of 1964, as amended. 2. The unlawful employment practices alleged below were and are being committed within the Western District of the State of Michigan. Venue is proper therein pursuant to 28 U.S.C. § 1391. 3. A copy of the Right to Sue notices are not attached to this Complaint because the EEOC has already filed the initial action and intervention pursuant to Title VII is sought in that regard. Equitable and other relief are also sought under the aforementioned statutory provisions.
PARTIES 4. Intervening Plaintiff Kisha Childrey, (hereinafter “Intervening Plaintiff
Childrey”) is a female citizen of the United States, a resident of the State of
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Michigan within the Western District of Michigan, and was at all relevant times an employee of Defendant Spectrum Health Worth Home Care. 5. Intervening Plaintiff Diane Wilson, (hereinafter “Intervening Plaintiff Wilson”) is a female citizen of the United States, a resident of the State of Michigan within the Western District of Michigan, and was at all relevant times an employee of Defendant Spectrum Health Worth Home Care. 6. Defendant Spectrum Health Worth Home Care, (hereinafter “Defendant”), was at all relevant times a duly licensed corporation conducting business within the Western District of the State of Michigan or is otherwise within the jurisdiction of this Court.
STATEMENT OF FACTS, CLAIMS AND VIOLATIONS 7. Beginning on or about February 7, 2004 and continuing through about March 31,
2004, Intervening Plaintiffs were repeatedly subjected to sexual and racial harassment by Kyle Briggs, a male patient under the care of Defendant Spectrum Health Worth Home Care, including touching, grabbing, fondling, and other unwelcome verbal and physical conduct and communication of a sexual and racially demeaning nature. 8. The harassment perpetrated by Kyle Briggs against Intervening Plaintiffs specifically included, but is not limited to, the following unwelcome and ongoing sexually and racially offensive statements and/or conduct: (a) “Can I put my vanilla in your chocolate and make a milkshake?”; (b) “Can I spread your legs?”;
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(c) “Have you ever had it in your booty?”; (d) “Is the inside of your pu--y pink even though you are black?”; (e) “Can you teach me to speak monkey too?”; (f) Referring to Intervening Plaintiffs as “ni--ers”; and (g) Otherwise committing acts, making threats, gestures, and comments
sexually and racially offensive in nature. 9. The repeated unwelcome sexual and racial conduct reflects a pattern and practice
of sexual and racial harassment which culminated in the constructive discharge of Intervening Plaintiff Childrey, as she was unable to return to work after Kyle Briggs, on March 31, 2004, assaulted and raped Intervening Plaintiff Childrey at knife point, including but not limited to Kyle Briggs biting Intervening Plaintiff Childrey’s vagina and forcefully penetrating her vagina with his finger and penis. 10. On or about March 20, 2004, Kyle Briggs, forcefully and without consent, ran his hands up and down Intervening Plaintiff Wilson’s legs a few times and then grabbed at her vagina making remarks such as, “I know you’re afraid of me. You think I’m going to rape you.” Kyle Briggs also pulled Intervening Plaintiff Wilson’s head down to his groin area while stating to Intervening Plaintiff Wilson, “Ni--er you are going to do it anyway.” 11. The aforementioned sexual and racial harassment against Intervening Plaintiffs was unwelcome and unwanted, and the conduct and communication that was directed at Intervening Plaintiffs during their employment at Defendant Spectrum Health Worth Home Care substantially interfered with their
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employment and created an intimidating, hostile and offensive work environment for Intervening Plaintiffs. 12. Intervening Plaintiffs’ repeated complaints and demands for the harassment to stop were ignored. 13. Intervening Plaintiffs repeatedly reported the aforementioned sexually and racially offensive conduct to Pat Kimball, the Branch Manager, and/or Rachelle, the Care Manager, and/or other management at Defendant Spectrum Health Worth Home Care. 14. It was known by Defendant Spectrum Health Worth Home Care that Kyle Briggs had a propensity for violence, and that he used, misused, and abused alcohol and illegal drugs, which increased his propensity for violence in the work environment where Intervening Plaintiffs were placed by Defendant Spectrum Health Worth Home Care. 15. With said knowledge, Defendant Spectrum Health Worth Home Care, through its agents, employees, managers, and assigns, failed to take prompt, remedial, and effective measures to end the dangerous and hostile work environment and the sexual and racial harassment perpetrated by Kyle Briggs against Intervening Plaintiffs, and Defendant Spectrum Health Worth Home Care failed to prevent it from recurring. 16. Intervening Plaintiffs were subjected to discrimination regarding the terms and conditions of their employment because of their race. Intervening Plaintiffs and other African-American employees of Defendant Spectrum Health Worth Home
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Care were disproportionately placed on the more dangerous third shift, while Caucasian employees were often placed on the more favorable first and second shifts. In addition, Caucasian employees of Defendant Spectrum Health Worth Home Care were more likely to be taken off a case upon request if they felt uncomfortable or threatened, while Intervening Plaintiffs’ and other AfricanAmerican employees’ requests to be taken off a case were often denied by management of Defendant Spectrum Health Worth Home Care. 17. The unlawful employment practices complained of above were intentional and/or done with malice and/or reckless indifference to the state and federal constitutionally protected rights of Intervening Plaintiffs. 18. Intervening Plaintiffs, as a result of Defendant’s aforementioned acts and/or omissions, have undergone considerable mental and emotional distress and hardship, as well as humiliation and/or embarrassment. 19. The aforementioned actions of Defendant Spectrum Health Worth Home Care complained of in the aforementioned paragraphs, have been to deprive Intervening Plaintiff Childrey of wages, loss of income and other employment benefits, including but not limited to prospective retirement benefits, hospitalization and other insurance coverage, holiday and vacation pay, social security insurance, training opportunity and other promotional benefits and other fringe benefits of said employment, thus causing Intervening Plaintiff Childrey to suffer considerable financial distress and hardship.
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COUNT I SEXUAL HARASSMENT - HOSTILE WORK ENVIRONMENT
TITLE VII - 42 U.S.C. § 2000e et seq. 20. Intervening Plaintiffs reallege and reaffirm the aforementioned paragraphs with
the same force and effect as if set forth herein. 21. Defendant Spectrum Health Worth Home Care, by and through its agents,
employees, managers and/or assigns, have deprived Intervening Plaintiffs Kisha Childrey and Diane Wilson of rights secured to them by Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., and the Civil Rights Act of 1991, 42 U.S.C. § 1981a, to be free from sexual harassment by denying Intervening Plaintiffs those rights, in whole or in part, because of their sex/gender; and subjecting them to a hostile environment which interfered with their employment, failing to take prompt, remedial, and effective measures, and undertaking a tangible employment action against Intervening Plaintiff Childrey by constructively discharging her. By said acts, Defendant Spectrum Health Worth Home Care has violated 42 U.S.C. § 2000e et seq. 22. As a direct and/or proximate result of the aforementioned actions and inactions by Defendant, Intervening Plaintiffs have sustained injuries including physical pain and suffering, mental anguish, medical expenses, fright, shock, embarrassment, humiliation, mortification, damage to reputation, disruption of personal life, and loss of enjoyment of the ordinary pleasures of living, and possible loss of earning capacity.
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23. As a direct and/or proximate result of the aforementioned actions and inactions by Defendant, Intervening Plaintiff Childrey has been deprived of wages, loss of income, earning capacity, and other employment benefits, including but not limited to prospective retirement benefits, hospitalization and other insurance coverage, holiday and vacation pay, social security insurance, training opportunity and other promotional benefits and other fringe benefits of said employment, thus causing Intervening Plaintiff Childrey to suffer considerable financial distress and hardship. COUNT II DISCRIMINATION - HOSTILE WORK ENVIRONMENT TITLE VII - 42 U.S.C. § 2000e et seq.
24. Intervening Plaintiffs reallege and reaffirm the aforementioned paragraphs with the same force and effect as if set forth herein.
25. Defendant Spectrum Health Worth Home Care, by and through its agents, employees, managers and/or assigns, have deprived Intervening Plaintiffs Kisha Childrey and Diane Wilson of rights secured to them by Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., and the Civil Rights Act of 1991, 42 U.S.C. § 1981a, to be free from racial discrimination by denying Intervening Plaintiffs those rights, in whole or in part, because of their race and/or color; and subjecting them to a hostile environment which interfered with their employment, failing to take prompt, remedial, and effective measures, and undertaking a tangible employment action against Intervening Plaintiff
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Childrey by constructively discharging her. By said acts, Defendant Spectrum Health Worth Home Care has violated 42 U.S.C. § 2000e et seq. 26. As a direct and/or proximate result of the aforementioned actions and inactions by Defendant, Intervening Plaintiffs have sustained injuries including physical pain and suffering, mental anguish, medical expenses, fright, shock, embarrassment, humiliation, mortification, damage to reputation, disruption of personal life, and loss of enjoyment of the ordinary pleasures of living, and possible loss of earning capacity. 27. As a direct and/or proximate result of the aforementioned actions and inactions by Defendant, Intervening Plaintiff Childrey has been deprived of wages, loss of income, earning capacity, and other employment benefits, including but not limited to prospective retirement benefits, hospitalization and other insurance coverage, holiday and vacation pay, social security insurance, training opportunity and other promotional benefits and other fringe benefits of said employment, thus causing Intervening Plaintiff Childrey to suffer considerable financial distress and hardship.
COUNT III DISCRIMINATION
42 U.S.C. § 1981 28. Intervening Plaintiffs reallege and reaffirm the aforementioned paragraphs with
the same force and effect as if set forth herein. 29. The aforementioned actions, including but not limited to discrimination in the
terms and conditions of employment by Defendant Spectrum Health Worth
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Home Care occurred in whole or in part on account of Intervening Plaintiffs’ race, and on that basis were performed intentionally and in a discriminatory manner as compared to other similarly situated Caucasian employees. By said acts, and by interfering with Intervening Plaintiffs’ right to make and enforce contracts, Defendant Spectrum Health Worth Home Care, through its manager, employees, agents and/or assigns, has violated 42 U.S.C. § 1981. 30. As a direct and/or proximate result of the aforementioned actions and inactions by Defendant, Intervening Plaintiffs have sustained injuries including physical pain and suffering, mental anguish, medical expenses, fright, shock, embarrassment, humiliation, mortification, damage to reputation, disruption of personal life, and loss of enjoyment of the ordinary pleasures of living, and possible loss of earning capacity. 31. As a direct and/or proximate result of the aforementioned actions and inactions by Defendant, Intervening Plaintiff Childrey has been deprived of wages, loss of income, earning capacity, and other employment benefits, including but not limited to prospective retirement benefits, hospitalization and other insurance coverage, holiday and vacation pay, social security insurance, training opportunity and other promotional benefits and other fringe benefits of said employment, thus causing Intervening Plaintiff Childrey to suffer considerable financial distress and hardship.
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STATE LAW CLAIMS - SUPPLEMENTAL JURISDICTION COUNT IV
SEXUAL HARASSMENT - HOSTILE WORK ENVIRONMENT ELLIOTT – LARSEN CIVIL RIGHTS ACT
32. Intervening Plaintiffs reallege and reaffirm the aforementioned paragraphs with the same force and effect as if set forth herein.
33. During the course of their employment with Defendant Spectrum Health Worth Home Care, Intervening Plaintiffs were subjected to unwelcome sexual advances, requests for sexual favors, sexual comments, physical touching, and other conduct of a sexual nature by Kyle Briggs, a male patient under the care of Defendant Spectrum Health Worth Home Care.
34. The unwelcome sexual advances and conduct of Kyle Briggs, a male patient under the care of Defendant Spectrum Health Worth Home Care, had the purpose and/or effect of substantially interfering with Intervening Plaintiffs’ employment and/or creating an intimidating, hostile and offensive employment environment.
35. Defendant Spectrum Health Worth Home Care had both actual and constructive notice that Kyle Briggs, a male patient under the care of Defendant Spectrum Health Worth Home Care, was creating a hostile and offensive work environment.
36. Despite having notice of the sexual advances and conduct of Kyle Briggs toward Intervening Plaintiffs, Defendant Spectrum Health Worth Home Care failed to
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adequately investigate and take prompt, effective, and appropriate remedial action. 37. Defendant Spectrum Health Worth Home Care, by and through its agents, employees, managers and/or assigns, have deprived Intervening Plaintiffs Kisha Childrey and Diane Wilson of rights secured to them by the Elliott-Larsen Civil Rights Act, to be free from sexual harassment by denying Intervening Plaintiffs those rights, in whole or in part, because of their sex/gender; and subjecting them to a hostile environment which interfered with their employment, failing to take prompt, remedial, and effective measures, and undertaking a tangible employment action against Intervening Plaintiff Childrey by constructively discharging her. By said acts, Defendant Spectrum Health Worth Home Care has violated the Elliott-Larsen Civil Rights Act. 38. Defendant further violated the Elliott-Larsen Civil Rights Act in that: a. Defendant failed to provide Intervening Plaintiffs with employment
conditions and relationships where she could safely work free from physical, verbal, and mental sexual harassment and/or discrimination; b. Defendant failed to effectively disseminate and enforce an antiharassment policy to their employees; and c. Defendant otherwise failed to comply with statutory and/or common law. 39. Such conduct has denied Intervening Plaintiffs equal protection and civil rights guaranteed by the Constitution and laws of the State of Michigan. 40. As a direct and/or proximate result of the aforementioned actions and inactions by Defendant, Intervening Plaintiffs have sustained injuries including physical
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pain and suffering, mental anguish, medical expenses, fright, shock, embarrassment, humiliation, mortification, damage to reputation, disruption of her personal life, and loss of enjoyment of the ordinary pleasures of living, and possible loss of earning capacity. 41. As a direct and/or proximate result of the aforementioned actions and inactions by Defendant, Intervening Plaintiff Childrey has been deprived of wages, loss of income, earning capacity, and other employment benefits, including but not limited to prospective retirement benefits, hospitalization and other insurance coverage, holiday and vacation pay, social security insurance, training opportunity and other promotional benefits and other fringe benefits of said employment, thus causing Intervening Plaintiff Childrey to suffer considerable financial distress and hardship.
COUNT V RACIAL HARASSMENT/DISCRIMINATION/HOSTILE WORK ENVIRONMENT
ELLIOTT-LARSEN CIVIL RIGHTS ACT 42. Intervening Plaintiffs reallege and reaffirm the aforementioned paragraphs with
the same force and effect as if set forth herein. 43. During the course of their employment with Defendant Spectrum Health Worth
Home Care, Intervening Plaintiffs were subjected to racially derogatory comments and communication by Kyle Briggs, a male patient under the care of Defendant Spectrum Health Worth Home Care. 44. The racially derogatory comments and communication by Kyle Briggs, a male patient under the care of Defendant Spectrum Health Worth Home Care, had the
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purpose and/or effect of substantially interfering with Intervening Plaintiffs’ employment and/or creating an intimidating, hostile and racially offensive employment environment. 45. Defendant Spectrum Health Worth Home Care had both actual and constructive notice that Kyle Briggs, a male patient under the care of Defendant Spectrum Health Worth Home Care, was creating a hostile and racially offensive work environment. 46. Despite having notice of the racially derogatory comments and communication made by Kyle Briggs toward Intervening Plaintiffs, Defendant Spectrum Health Worth Home Care failed to adequately investigate and take prompt, effective, and appropriate remedial action. 47. The aforementioned acts by Defendant Spectrum Health Worth Home Care, through its employees, agents, managers and/or assigns, constitute discrimination against Intervening Plaintiffs regarding the terms and conditions of their employment on the basis of their race, and on that basis were performed intentionally and in a discriminatory manner as compared to other similarly situated Caucasian employees and subjecting them to a hostile environment based on race which interfered with their employment. By said acts, Defendant has violated Michigan common and/or statutory law, including specifically the Elliott-Larsen Civil Rights Act, M.C.L. 37.2101 et seq.; M.S.A. 3.548(101) et seq. 48. Defendant further violated the Elliott-Larsen Civil Rights Act in that:
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a. Defendant failed to provide Intervening Plaintiffs with employment conditions and relationships where she could safely work free from racial harassment and/or discrimination;
b. Defendant failed to effectively disseminate and enforce an antiharassment policy to their employees; and
c. Defendant otherwise failed to comply with statutory and/or common law.
49. Such conduct has denied Intervening Plaintiffs equal protection and civil rights guaranteed by the Constitution and laws of the State of Michigan.
50. As a direct and/or proximate result of the aforementioned actions and inactions by Defendant, Intervening Plaintiffs have sustained injuries including physical pain and suffering, mental anguish, medical expenses, fright, shock, embarrassment, humiliation, mortification, damage to reputation, disruption of personal life, and loss of enjoyment of the ordinary pleasures of living, and possible loss of earning capacity.
51. As a direct and/or proximate result of the aforementioned actions and inactions by Defendant, Intervening Plaintiff Childrey has been deprived of wages, loss of income, earning capacity, and other employment benefits, including but not limited to prospective retirement benefits, hospitalization and other insurance coverage, holiday and vacation pay, social security insurance, training opportunity and other promotional benefits and other fringe benefits of said employment, thus causing Intervening Plaintiff Childrey to suffer considerable financial distress and hardship.
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COUNT VI INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 52. Intervening Plaintiffs reallege and reaffirm the aforementioned paragraphs with the same force and effect as if set forth herein. 53. The aforementioned actions, acts, and/or omissions of Defendant, including, but not limited to, knowingly and recklessly subjecting Intervening Plaintiffs Kisha Childrey and Diane Wilson to harassment, threats, and ridicule based on sex and race, and numerous other pressures by Kyle Briggs, a male patient under the care of Defendant Spectrum Health Worth Home Care through its employees, agents, managers, and/or assigns, in the face of continuous, deliberate, degrading treatment of Intervening Plaintiffs, constituted malicious and/or intentional actions that Defendant Spectrum Health Worth Home Care knew or should have known would cause Intervening Plaintiffs severe distress and anxiety, humiliation and embarrassment, both emotionally and financially, and constitute a violation of Michigan common and/or statutory law. 54. As a direct and/or proximate result of the aforementioned actions and inactions by Defendant, Intervening Plaintiffs have sustained injuries including physical pain and suffering, mental anguish, medical expenses, fright, shock, embarrassment, humiliation, mortification, damage to reputation, disruption of her personal life, and loss of enjoyment of the ordinary pleasures of living, and possible loss of earning capacity.
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55. As a direct and/or proximate result of the aforementioned actions and inactions by Defendant, Intervening Plaintiff Childrey has been deprived of wages, loss of income, earning capacity, and other employment benefits, including but not limited to prospective retirement benefits, hospitalization and other insurance coverage, holiday and vacation pay, social security insurance, training opportunity and other promotional benefits and other fringe benefits of said employment, thus causing Intervening Plaintiff Childrey to suffer considerable financial distress and hardship. DAMAGES
56. Intervening Plaintiffs reallege and reaffirm the aforementioned paragraphs with the same force and effect as if set forth herein.
57. As a direct and/or proximate result of the unlawful employment and other practices described above, Intervening Plaintiffs Kisha Childrey and Diane Wilson have suffered the indignity of sexual and racial harassment, physical pain and suffering, mental anguish, outrage, embarrassment, damaged reputation and disruption of their personal and working life, loss of self-esteem, loss of job satisfaction, and loss of enjoyment of the ordinary pleasures of everyday living, and/or other damages known or unknown.
58. As a direct and/or proximate result of the unlawful employment and other practices described above, Intervening Plaintiff Kisha Childrey has been deprived of wages past and prospective, income, earning capacity, and other employment benefits, including but not limited to, prospective retirement
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benefits, holiday and vacation pay, educational benefits, training opportunity
and other promotional and fringe benefits of said employment, and has
additionally been subjected to mental and financial distress and anxiety,
including medical expenses, resulting in a physical manifestation and/or
aggravation of a physical condition preventing her from working full time,
and/or other damages known or unknown.
WHEREFORE, Intervening Plaintiffs Kisha Childrey and Diane Wilson
seek all appropriate damages arising out of law, equity and fact for each or all of
the above causes of action, where applicable, and hereby requests the trier of fact,
be it judge or jury, to award to Intervening Plaintiffs all applicable damages,
including but not limited to compensatory, exemplary and/or punitive and all
other relief arising out of law, equity, and fact also including but not limited to:
a. Compensatory damages to Intervening Plaintiffs Kisha Childrey and Diane Wilson against Defendant Spectrum Health Worth Home Care in the form of past and future losses, including but not limited to training opportunities, promotional benefits, applicable seniority, raises and/or other conditions of employment, and for mental and emotional distress related to said actions; in the amount of FIVE MILLION DOLLARS ($5,000,000.00), or other amount as the jury and/or trier of fact deems appropriate, equitable and just under the circumstances;
b. Exemplary and/or punitive damages to Intervening Plaintiffs Kisha Childrey and Diane Wilson against Defendant Spectrum Health Worth Home Care in the amount of TEN MILLION DOLLARS ($10,000,000.00), or other amount as the jury and/or trier of fact deems appropriate, equitable and just under the circumstances;
c. Such other relief as may be applicable according to statutory and common law, including interest, costs and attorney fees.
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Respectfully submitted,
DREW, COOPER & ANDING Attorneys for Kisha Childrey & Diane Wilson

Dated: July 20, 2005

By: /s/ Stephen R. Drew Stephen R. Drew (P24323) Ann M. Cooper (P36977) Brian K. Lawson (P47124) 125 Ottawa Ave. NW, Suite 300 Grand Rapids, Michigan 49503 (616) 454-8300

JURY DEMAND Intervening Plaintiffs Kisha Childrey and Diane Wilson demands a jury on all claims set forth above.

Dated: July 20, 2005

Respectfully submitted,
DREW, COOPER & ANDING Attorneys for Kisha Childrey & Diane Wilson
By: /s/ Stephen R. Drew Stephen R. Drew (P24323) Ann M. Cooper (P36977) Brian K. Lawson (P47124) 125 Ottawa Ave. NW, Suite 300 Grand Rapids, Michigan 49503 (616) 454-8300

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 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION __________________________

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
KISHA CHILDREY and DIANE WILSON, Jointly and Severally,
Intervening Plaintiffs,
v.
SPECTRUM HEALTH WORTH HOME CARE, INC.,
Defendant. _________________________________/

Case No. 1:05-CV-446 HON. GORDON J. QUIST

OPINION Plaintiff, Equal Employment Opportunity Commission (“EEOC”), filed this case on June 28, 2005, pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e to 2000e-17, and Title I of the Civil Rights Act of 1991, alleging that Defendant, Spectrum Health Worth Home Care, Inc. (“Worth”), violated Title VII by failing to take reasonable care to prevent its employees, Kisha Childrey (“Childrey”) and Diane Wilson (“Wilson”), and other similarly situated individuals, from being subjected to racial and sexual harassment by Kyle Briggs (“Briggs”), one of Worth’s clients. On September 8, 2005, the Court entered a Memorandum Order granting Childrey and Wilson’s motion to intervene and permitting them to assert claims under both Title VII and 42 U.S.C. § 1981. Now before the Court are the following motions: (1) Worth’s motion for summary judgment as to the EEOC’s claims on the ground that the EEOC failed to fulfill its statutory duty to make a good faith effort to conciliate its claims; (2) the EEOC’s motion to quash

the notice of deposition of Diane Roberson and in the alternative, motion for protective order; and (3) Worth’s motion to compel responses to its discovery requests. For the reasons set forth below, the Court will deny Worth’s motion for summary judgment, grant the EEOC’s motion to quash, and grant in part and deny in part Worth’s motion to compel.
Background and Procedural History Worth is a non-profit corporation that provides in-home health care services to clients with various medical and physical needs. Worth divides its services into two lines: (1) Extracare, which handles typical cases involving patients that need periodic nursing or caregiver services to assist with medications or daily living activities; and (2) Neurotrama, which provides services to individuals with neurological disorders or serious brain injuries requiring more extensive care. In February 2004, Worth began providing services to Kyle Briggs (“Briggs”), a new Neurotrama client. Briggs, a 35 year-old client, suffered from the effects of a brain injury, seizure disorder, and bipolar disorder. Briggs was a former client of Best Care Nursing Services, which discontinued services due to Briggs’ inappropriate behavior. After performing a screening assessment of Briggs, Worth determined that it could safely provide services to Briggs. Childrey and Wilson, both African-American females, were two of the caregivers assigned to Briggs. During Briggs’ brief stint as a Worth client from February 11, 2004, through March 31, 2004, he made numerous and frequent inappropriate sexual and racial comments to Wilson and Childrey. Briggs’ improper behavior soon began to escalate, and he began to improperly touch and sexually assault both women. On one occasion, Briggs placed his hand on Wilson’s inner thigh several times and grabbed her vagina. On another occasion, Briggs grabbed Wilson’s head and pushed it toward his erect penis. Approximately two weeks later, Briggs raped Childrey at knife point.
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Childrey filed a Charge of Discrimination with the EEOC on June 7, 2004, in which she alleged that Worth violated Title VII by subjecting her to sexual and/or racial harassment by Briggs, by assigning her and other African-American employees to the dangerous third shift while allowing Caucasian employees to work the more favorable first and second shifts, and by allowing Caucasian employees to be taken off a case if they felt uncomfortable while denying similar requests by African-American employees. On July 8, 2004, the EEOC sent Worth a Notice of Charge of Discrimination, along with a copy of Childrey’s charge, and requested that Worth submit a position statement by July 28, 2004. The EEOC assigned the case to investigator Diane Roberson (“Roberson”). On November 11, 2004, after several stipulated extensions, due in part to disclosure concerns under HIPPA,1 Worth’s counsel submitted a lengthy position statement and voluminous documents responding to Childrey’s allegations. Among other things, Worth’s submission recounted Briggs’ history, Worth’s assessment of Briggs and its adoption of safety precautions specifically tailored to his behavioral issues, and the events leading up to the March 31, 2004, incident. Worth also set forth its legal analysis of the claims and its reasons why it was not responsible for Briggs’ conduct or otherwise liable.
On March 17, 2005, Roberson sent a predetermination letter to Worth’s counsel, Lori Gibson (“Gibson”), indicating Roberson’s intent to recommend a finding of cause in connection with her investigation of Childrey’s charge. Roberson summarized her conclusions as follows:
On June 7, 2004, a charge of discrimination was filed in which the charging party alleges that she was subjected to ongoing sexual harassment, because of her sex, female, in violation of Title VII of the Civil Rights Act of 1964, as amended. You should be aware that the investigation revealed evidence supporting that the charging party was discriminated against because of her sex, in that she was subjected to sexual harassment, and that your organization failed to take prompt and remedial action.
1The Health Insurance Portability and Accountability Act of 1996.
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(Letter from Roberson to Gibson of 3/17/05.) On March 30, 2005, the EEOC issued its cause determination, concluding that Childrey was subjected to sexual and racial harassment and other similarly situated female employees were subjected to ongoing sexual harassment while working for Worth. (3/30/05 EEOC Determination Letter.) The determination letter stated that an EEOC representative would “be in contact with each party in the near future to begin the conciliation process.” (Id. at 1.) In addition, the EEOC enclosed a proposed conciliation agreement which provided, among other things, the following items of relief to Childrey: (1) back pay from March 31, 2004, to the present; (2) front pay; (3) reimbursement of job search and relocation expenses; (4) punitive damages in the amount of $150,000; (5) compensatory damages in the amount of $150,000; and (6) expungement from Childrey’s personnel file all documents and entries relating to her discharge. (Proposed Conciliation Agreement at 2.) In addition, the proposed agreement provided for relief to each class member of $75,000 in punitive damages and $75,000 in compensatory damages. (Id. at 3.) Finally, the proposed agreement required Worth to post a form EEOC Notice to employees and applicants. (Id. at 4.)
On April 5, 2004, Gibson wrote a letter to Roberson confirming Roberson’s voice mail message agreeing to an extension of time for Worth to respond to the determination letter and proposed conciliation agreement. (Letter from Gibson to Roberson of 4/5/05.) Gibson requested to speak with Roberson before meeting with her client, noting that she had attempted to reach Roberson several times by phone during the period between her receipt of the predetermination letter and her receipt of the determination letter, without success. Gibson stated that her client had several questions regarding: (1) the basis for the determination of cause; (2) the duration of the front pay award and Childrey’s obligation to mitigate her damages; (3) the basis for the class action and proposed remedy; (4) the facts supporting the EEOC’s recommendation for punitive damages; (5) the reason for the EEOC’s reference to Childrey’s discharge, when Childrey was on worker’s
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compensation but had never been discharged; and (6) the EEOC’s position regarding Worth’s evidence that Childrey had falsified a number of her allegations. (Id. at 2.) In closing, Gibson explained: “Certainly my client does not agree with the EEOC’s determination, but my point is not to argue the merits of the case. Rather, I need this information to guide my client in an informed discussion regarding the Conciliation Agreement.” (Id. )
On April 15, 2005, Gibson faxed Worth’s response to the conciliation agreement to Roberson. (Letter from Gibson to Roberson of 4/15/05.) Gibson stated that Worth rejected the proposal, noting that: (1) a back pay award would not be proper in light of Childrey’s receipt of worker’s compensation benefits; (2) front pay would be inappropriate in light of Worth’s medical evidence that Childrey was exaggerating her emotional symptoms and did not have any desire to seek treatment; (3) Childrey was never discharged and could return to work at any time; (4) there is no basis for an award of punitive damages because Worth could not foresee the attack by Briggs; (5) there is no factual basis for a class or class relief; and (6) Worth already has an appropriate policy against sexual harassment. (Id. at 1-2.) Gibson did state, however, that Worth would be willing to pay Childrey $25,000 in compensatory damages and up to $5,000 towards counseling, conditioned upon a number of things, including a release of all claims by Childrey. (Id. at 2-3.) Gibson again noted her attempts to contact Roberson as well as her client’s frustration that “the EEOC will not engage in a dialogue with us or give us guidance to work from as we consider a possible resolution of this matter.” (Id. at 4.) Finally, Gibson reiterated her request that Roberson call her to discuss the matter. (Id. at 4-5.)
On May 4, 2005, Roberson sent a brief letter to Gibson notifying her that the EEOC had discussed Worth’s counter-offer with Childrey and that it was “unacceptable.” Roberson also stated that “[i]f you would like to submit another proposal we would be happy to look at it,” but that the EEOC would fail the conciliation if Worth did not respond by May 13, 2005. (Letter from Roberson
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to Gibson of 5/4/05.) Worth did not submit an additional response, and on May 19, 2005, the EEOC sent Worth a letter stating that conciliation had failed. Approximately five weeks later, on June 28, 2005, the EEOC filed its complaint in this case.
Although there is no dispute about the parties’ documentary exchanges and their positions set forth therein regarding their views on conciliation, there is significant dispute about the content, or occurrence, of telephone communications between the parties. Worth contends that in spite of its repeated requests for a meeting to discuss the issue, the EEOC failed or refused to engage in a discussion and failed to identify for Worth the basis for its cause determination. As support for its version of events, Worth relies upon two affidavits by Gibson, one submitted in support of Worth’s motion for summary judgment and a second submitted in support of its reply. In those affidavits, Gibson states that, although she made numerous attempts to contact Roberson by telephone, she never actually spoke with or communicated by e-mail with Roberson at any time from July 2004 through May 19, 2005, and, therefore, never had any conversations with the EEOC regarding the basis for its determination. (Gibson 12/20/05 Aff. ¶¶ 2-3, 5-6, 8.) Gibson claims that she attempted to contact Roberson on several occasions between March 21 – the day she received the predetermination letter – and April 12, each time reaching Roberson’s voicemail. (Gibson 10/4/05 Aff. ¶¶ 4, 6, 8.) Gibson states that usually she left detailed messages for Roberson but on at least two occasions Roberson’s voicemail box was full and would not accept messages. (Id.) Gibson further states that she left a message for Roberson’s supervisor, Linda Sankovich, on one occasion, and that Roberson left a return message the following day but did not respond to her request for discussion. (Id. ¶ 6.) Gibson also claims that Roberson left a voicemail message on April 12 that simply stated that she was returning Gibson’s call and did not offer a time to meet or talk by telephone. (Id. ¶ 8.) Gibson denies that Roberson’s voicemail message ever suggested that callers contact Sankovich if they could not reach Roberson. (Gibson 12/20/05 Aff. ¶ 10.)
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Roberson’s account of events differs substantially from Gibson’s account. Roberson states that she was in and out of her office frequently between March and June 2005 because of a medical condition – a fact that is not disputed. (Roberson Aff. ¶ 2.) Roberson states that while she was out of the office, her voicemail message instructed callers to contact either the receptionist at the front desk or Sankovich and that Gibson apparently did not choose either option when attempting to contact Roberson. (Id. ¶ 5.) Roberson states that a day or two after her April 5, 2005, telephone call to Gibson, in which left a voicemail for Gibson stating that Worth could have an extension of time to respond to the determination letter and that Gibson should contact Sankovich if Roberson was not available, (id. ¶ 9), she contacted Gibson by telephone and explained to Gibson, as she had done during previous telephone conversations, that the cause determination was due to the “egregious acts of sexual and racial harassment that had occurred to both . . . Childrey and Wilson, and the lack of response by [Worth], even though according to [Gibson’s] Position Statement, Brigs’ [sic] behavior had been escalating.” (Id. ¶ 10.) Roberson adds that after receiving Gibson’s April 15, 2005, letter setting forth Worth’s counter-offer, she contacted Gibson and explained that the $25,000 counteroffer was “clearly unacceptable to the Commission and Childrey,” that it was clear from Worth’s Position Statement that Briggs’ violent behavior had been escalating and that Worth had not taken steps to protect its staff, and that the EEOC’s legal staff had advised Roberson that Worth had a duty to protect its employees from violent patients. (Id. ¶13.) Finally, Roberson states that although she followed up on that conversation by sending her May 4, 2005, letter to Gibson stating that the $25,000 offer was insufficient but inviting her to submit other reasonable counter-offers for discussion, she had no choice but to fail conciliation on May 17, 2005, because Gibson failed to submit any further information or proposals. (Id. ¶¶ 14, 15.)
Worth filed its motion for summary judgment on October 6, 2005, and on November 17, 2005, Worth served its first set of consolidated discovery requests upon the EEOC and Childrey and
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Wilson. One of the interrogatories directed to the EEOC concerned the identities of all persons having knowledge of the EEOC’s efforts to conciliate the matter. The EEOC filed its response to Worth’s motion for summary judgment on November 21, 2005. On December 7, 2005, Worth served its second set of consolidated discovery requests upon the EEOC and Childrey and Wilson. This request contained sixteen requests for production of documents relating to Roberson’s allegations in her affidavit regarding her communications with Gibson during conciliation. In addition, on December 8, 2005, Worth served on the EEOC a notice of Roberson’s deposition. Worth filed its reply in support of its motion for summary judgment on December 20, 2005. On January 10, 2006, the EEOC filed a motion to quash the notice of deposition of Roberson, and on January 18, 2006, Worth filed its motion to compel regarding its first set of discovery requests. By letter dated January 13, 2006, Worth’s counsel requested that the Court defer its decision on the motion for summary judgment pending the resolution of the discovery matters.
Discussion I. Motion for Summary Judgment2
A. Summary Judgment Standard Summary judgment is appropriate if there is no genuine issue as to any material fact and the moving party is entitled to a judgment as a matter of law. Fed. R. Civ. P. 56. Material facts are facts which are defined by substantive law and are necessaryto apply the law. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S. Ct. 2505, 2510 (1986). A dispute is genuine if a reasonable jury could return judgment for the non-moving party. Id.
2Because conc iliation is me rely a statutory p rereq uisite to filing suit, some courts have questioned whether the EEOC’s inadequate conciliation efforts provide a basis for summary judgment. See EEOC v. Dial Corp., 156 F. Supp. 2d 926, 942 n.11 (N.D. Ill. 2001). Rathe r, courts generally hold that the ap propriate remedy is a stay of the proceedings to permit the parties to engage in conciliation. See id. In any event, because both parties have proceeded on the assumption that summary judgment is the pro per p rocedural vehicle and have presented extrinsic evidence in support of their respective po sitions, the Co urt will treat the motio n as on e bro ught under R ule 56. See EEOC v. Heart of Am., No. 03 C 50269, at *1 (N.D. Ill. Nov. 10, 2003).
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The court must draw all inferences in a light most favorable to the non-moving party, but may grant summary judgment when "the record taken as a whole could not lead a rational trier of fact to find for the non-moving party." Agristor Financial Corp. v. Van Sickle, 967 F.2d 233, 236 (6th Cir. 1992)(quoting Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S. Ct. 1348, 1356 (1986)).
B. Analysis Pursuant to Section 706(b) of Title VII, 42 U.S.C. § 2000e-5(b), if the EEOC, after investigation, determines that reasonable cause exists to believe that a charge of discrimination is true, it “shall endeavor to eliminate any such alleged unlawful employment practice by informal methods of conference, conciliation, and persuasion.” The EEOC may file suit only after it “has been unable to secure from the respondent a conciliation agreement acceptable to the [EEOC].” 42 U.S.C. § 2000e-5(f)(1). Thus, the EEOC is required to make a “good faith” effort to conciliate before filing suit. See EEOC v. Dial Corp., 156 F. Supp. 2d 926, 940 (N.D. Ill. 2001). The standard in the Sixth Circuit for evaluating whether the EEOC has met its statutory duty to conciliate in good faith is set forth in EEOC v. Keco Industries, Inc., 748 F.2d 1097 (6th Cir. 1984). The EEOC need only “make a good faith effort to conciliate the claim.” Id. at 1102. “The district court should only determine whether the EEOC made an attempt at conciliation. The form and substance of those conciliations is within the discretion of the EEOC as the agency created to administer and enforce our employment discrimination laws and is beyond judicial review.” Id. at 1102. Thus, the form and substance of the EEOC’s conciliation proposals are not subject to judicial second-guessing. See EEOC v. Kaiser Found. Health Plan, Inc., No. 1:98 CV 2839, 1999 WL 420116 (N.D. Ohio May 12, 1999). See also EEOC v. Pac. Maritime Ass’n, 188 F.R.D. 379, 381 (D. Or. 1999) (“The court should not ‘examine the details of the offers and counteroffers between the parties, nor impose its notions of what the agreement should provide.’”) (quoting EEOC v. Zia
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Co., 582 F.2d 527, 533 (10th Cir. 1978)). “The EEOC may make a sufficient initial effort without undertaking exhaustive investigations or proving discrimination to the employer’s satisfaction, so long as it makes a sincere and reasonable effort to negotiate by providing the defendant an ‘adequate opportunity to respond to all charges and negotiate possible settlements.’” EEOC v. Prudential Fed. Savs. & Loan Ass’n, 763 F.2d 1166, 1169 (10th Cir. 1985) (citation omitted) (quoting Marshall v. Hartford Fire Ins. Co., 78 F.R.D. 97, 107 (D. Conn. 1978)). The EEOC’s obligation to conciliate ends once the employer rejects its offer. See Keco Indus., Inc., 748 F.2d at 1102 (stating that “once the employer rejects the conciliation attempts, the EEOC is free to file suit under Title VII”).
Having considered the correspondences and other documents that the parties have submitted in support of and in opposition to the motion for summary judgment, the Court concludes that the EEOC made a reasonable effort to negotiate in good faith and therefore fulfilled its obligation under Title VII to conciliate before filing suit. Although, as set forth above, a factual dispute exists regarding whether or to what extent Roberson and Gibson had telephone conversations, the dispute is not material to the Court’s decision on the conciliation issue. In considering whether the EEOC has fulfilled its duty to conciliate, courts often note that because conciliation requires at least two parties, one party’s conciliation efforts should be evaluated “‘with an eye to the conduct of the other party.’” Prudential Fed. Savs. & Loan Ass’n, 763 F.2d at 1169 (quoting Marshall v. Sun Oil Co., 605 F.2d 1331, 1335 (5th Cir. 1979)). Here, the written exchanges between the parties provide a sufficient basis to determine the adequacy of conciliation efforts.
First, the EEOC provided Worth with an explanation of the basis for its determination of its reasonable cause determination. In Roberson’s March 17, 2005, predetermination letter to Gibson, and in the March 30, 2005, determination letter, the EEOC explained that the basis for its finding was that its investigation showed that Childrey was subjected to sexual and racial harassment and that Worth failed to take prompt and remedial action. Although both letters were brief, the EEOC
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was not required to explain the basis for its findings in detail or to Worth’s satisfaction, see id., and it was not required to consider every piece of evidence that Worth submitted. See EEOC v. Chi. Miniature Lamp Works, 526 F. Supp. 974, 975 (N.D. Ill. 1981) (“EEOC’s determination of reasonable cause and the nature of its investigation are completely discretionary. EEOC is not required to create a record or hold any sort of hearing. It is permitted to gather any evidence it deems appropriate.”). Moreover, Worth cannot reasonably claim that it was unaware of the basis for the EEOC’s finding of cause because both the predetermination letter and the determination letter referenced the name of the claimant and the case number, and the EEOC had provided a copy of the charge to Worth. In fact, Worth’s twenty-four page position statement shows that Worth was intimately familiar with the factual and legal issues raised in the charge.
Second, the EEOC offered Worth an opportunity for voluntary compliance by submitting a proposed conciliation agreement to Worth for its consideration. The proposed agreement specified eleven categories of relief, including compensatory damages, punitive damages, front pay, and back pay.
Finally, the EEOC did not present the agreement on a take-it-or-leave-it basis. Instead, it requested a response from Worth and agreed to Worth’s request for a reasonable extension of time to respond. When Worth responded in its April 15, 2005, letter, it essentially rejected all of the items of relief, although it did offer to pay Childrey $25,000 in compensatory damages and to reimburse her up to $5,000 towards counseling or job search efforts, although this offer was subject to certain conditions, such as a release of all claims. Worth provided a detailed explanation for its rejection of many of the specific items of relief, referring to them as either “inappropriate” or “unwarranted.” Worth’s position, as set forth in Gibson’s April 15, 2005, letter, made it reasonably clear that further negotiations would be futile if the EEOC continued to insist on various items of relief, such as
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punitive damages, front pay, and back pay.3 At this point, under Keco Industries, the EEOC would have been justified in failing conciliation and filing suit. Rather than doing so, however, Roberson sent Gibson a letter less than three weeks later notifying her that Worth’s $25,000 offer was not acceptable to Childrey but inviting Worth to submit another proposal by May 13, 2005. Although Worth did not respond by that time (or later), the EEOC did not immediately file suit, but instead waited until late June before doing so. Based upon the documents in the record, it is evident to the Court that both parties have strong beliefs and opinions regarding the merits of Childrey’s claim and Worth’s corresponding liability for Briggs’ actions, such that further attempts at conciliation would have been in vain. In other words, even if Roberson held a face-to-face meeting with Gibson and/or Worth representatives, as Worth claims the EEOC was required to do, there is no reason to conclude that such a meeting would have changed the parties’ polarized views. See EEOC v. Sears, Roebuck & Co., 391 F. Supp. 2d 317, 321 (D.N.J. 2005) (“Given the discretion afforded the EEOC in the form and substance of conciliation, it cannot be said that the lack of a face to face meeting renders the EEOC’s entire conciliation process a bad faith effort for which dismissal of the claim is the proper remedy.”).
Worth attempts to analogize this case to EEOC v. Asplundh Tree Expert Co., 340 F.3d 1256 (11th Cir. 2003), one of the few cases in which a court found that the EEOC conciliated in bad faith and that dismissal and an award of attorney’s fees were appropriate. In that case, after investigating the charge for almost three years, the EEOC allowed the defendant only twelve days to accept the proposed nation-wide conciliation agreement or to submit a counter proposal. See 340 F.3d at 125960. In addition, the EEOC did not respond to the defendant’s request for additional time but instead
3Although Gibson stated in her April 5, 2005, letter to Roberson that her intent was not to argue the merits of the determination, in her April 15, 2005, letter, Gibson devoted substantial argument to the EEOC’s finding of cause, including a discussion of the soc ial policy implications of hold ing a health care provider such as W orth liable for the actions of a patient with a brain injury.
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failed conciliation the very next day after the defendant requested additional time. See id. at 125859. Thus, the EEOC failed conciliation without even considering a counter-offer from the defendant. Finally, the EEOC’s proposal did not include a theory of liability and requested an impossible remedy (because the project had been terminated and the defendant’s Gainesville office had been closed). See id. at 1258. Here, the EEOC issued its determination letter and sent a proposed conciliation agreement to Worth, allowing Worth a reasonable time to respond to the proposal. In contrast to Asplundh, the EEOC granted Worth’s request for additional time and actually considered Worth’s counter-offer. Although the EEOC rejected the counter-offer, it allowed Worth additional time to submit a second proposal and did not file suit until several weeks later. Thus, this case differs significantly from Asplundh. This case also differs from EEOC v. Bratenahl Place Condominium Association, 644 F. Supp. 218 (N.D. Ohio 1986), because in that case, the EEOC declined the defendant’s request for a meeting and failed conciliation without affording the defendant an opportunity to respond and to present a counter-offer. See id. at 220-21. Here, as noted above, Worth submitted a five page response which demonstrated that its position was irreconcilably at odds with the EEOC’s position, thus allowing the EEOC to conclude that conciliation had failed. II. Motion to Quash
The EEOC has moved to quash Worth’s notice of taking Roberson’s deposition, pursuant to which Worth seeks to question Roberson about her communications with Gibson during the conciliation period. For the reasons set forth above, the Court concludes that Roberson’s testimony, and the resolution of any conflicts between Roberson’s and Gibson’s accounts of events, is unnecessary to the Court’s determination of whether the EEOC fulfilled its statutory duty to make a good faith effort to conciliate. Because the Court has concluded that the EEOC made a good faith effort to conciliate, Roberson’s testimony is irrelevant, and the Court will grant the EEOC’s motion.
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III. Motion to Compel Worth seeks an order compelling the EEOC to answer Worth’s first and second discovery
requests in a full and complete manner. Worth’s second requests consist of sixteen requests for production relating solely to Roberson’s allegations in her affidavit regarding her communications with Gibson during the conciliation period. For the same reasons that the Court concludes that the EEOC’s motion to quash should be granted, the Court concludes that Worth’s motion to compel should be denied with regard to its second discovery requests. Similarly, because interrogatory No. 5 of Worth’s interrogatories directed to the EEOC and request for production No. 30 directed to the EEOC in Worth’s first set of discovery requests relate to the conciliation process, the Court will deny the motion to compel with regard to that interrogatory and that request for production.
As for the remainder of the motion, it appears that there is a dispute with regard to whether Worth complied with Western District of Michigan Local Rule 7.1(d) before filing the instant motion. In light of the EEOC’s apparent willingness to provide more complete answers to most of the document requests, the Court will resolve the issue by assuming that Worth sought concurrence as required by Rule 7.1(d).
Worth first contends that the EEOC’s responses to interrogatories No. 1 and 2, which request the EEOC to identify each category of damages claimed for Wilson and Childrey and to state the amount of such damages and describe how they were calculated, are insufficient because the EEOC merely stated that it seeks compensatory and punitive damages in an amount not to exceed that allowed by Title VII. Worth contends that the responses are insufficient because they do not state an amount and do not state how damages were calculated. The EEOC responds that its answer was proper because, in light of the egregious nature of this case, it will be seeking compensatory and punitive damages in an amount not to exceed the statutory limits under Title VII and, because such damages are not subject to precise calculation, the actual amount of damages is for the jury to
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determine. In any event, the EEOC states that it would have given Worth a more detailed basis for its damage request had Worth complied with Local Rule 7.1(d). The Court will grant Worth’s motion with regard to interrogatory Nos. 1 and 2 and will require the EEOC to set forth a specific dollar amount of damages (allowing for the fact that the amount of damages is for the jury to determine), along with a statement of the facts that the EEOC contends support the requested damage amounts.
Worth next contends that the EEOC should be required to identify the specific documents that are responsive to request for production Nos. 9-11, 19-21, and 31-33, instead of merely asserting that the documents have already been produced. Because the EEOC indicates in its response that it has no objection to providing more detailed answers, the Court will order the EEOC to identify the specific documents that are responsive to the requests for production.
Finally, Worth contends that the EEOC should be required to produce its case logs pursuant to request for production No. 31. The EEOC states that it believed that it had produced such logs but, if it did not do so, it was due to a clerical error. In any event, because the EEOC does not dispute that Worth is entitled to the case logs, the Court will order the EEOC to produce them if it has not already done so.
Conclusion For the foregoing reasons, the Court will deny Worth’s motion for summary judgment and grant the EEOC’s motion to quash. The Court will also grant in part and deny in part Worth’s motion to compel as set forth above.

Dated: March 2, 2006

/s/ Gordon J. Quist GORDON J. QUIST UNITED STATES DISTRICT JUDGE

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 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION __________________________

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
KISHA CHILDREY and DIANE WILSON, Jointly and Severally,
Intervening Plaintiffs,
v.
SPECTRUM HEALTH WORTH HOME CARE, INC.,
Defendant. _________________________________/

Case No. 1:05-CV-446 HON. GORDON J. QUIST

ORDER In accordance with the Opinion filed on this date, IT IS HEREBY ORDERED that Defendant’s Motion for Summary Judgment as to the EEOC’s Claims (docket no. 14) is DENIED. IT IS FURTHER ORDERED that the EEOC’s Motion to Quash the Notice of Deposition of Diane Roberson (docket no. 47) is GRANTED. IT IS FURTHER ORDERED that Defendant’s Motion to Compel Responses to Discovery Requests (docket no. 50) is GRANTED IN PART AND DENIED IN PART. The motion is denied with respect to Defendant’s second set of discovery requests and interrogatory number 5 directed to the EEOC and request for production number 30 directed to the EEOC in Defendant’s first set of discovery requests. The motion is granted with regard to interrogatories 1 and 2 directed to the EEOC, as to which the EEOC shall provide Defendant complete answers stating the amount

of damages and the facts supporting the requested damage amounts. The motion is also granted with respect to request for production numbers 9-11, 19-21, and 31-33, as to which the EEOC shall identify the specific documents that are responsive to those requests. Finally, the motion is granted with regard to Defendant’s request for the EEOC’s case logs. The EEOC shall provide its supplemental responses and documents within fourteen (14) days of the date of this Order.
IT IS FURTHER ORDERED that Defendant’s Motion for Leave to File Supplemental Brief in Support of Worth’s Motion to Compel Responses to Discovery Requests (docket no. 58) is GRANTED.

Dated: March 2, 2006

/s/ Gordon J. Quist GORDON J. QUIST UNITED STATES DISTRICT JUDGE

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 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, and
KISHA CHILDREY and DIANE WILSON, Intervening Plaintiffs,
v. SPECTRUM HEALTH WORTH HOME CARE, INC.,
Defendant.

) ) ) ) Civil Action No. 1:05-cv-00446 ) ) Hon. Gordon J. Quist ) U.S. District Court Judge ) ) ) ) ) ) ) ) ) )

CONSENT DECREE

Civil Action No. 1:05-cv-00446 was instituted by the Equal Employment Opportunity

Commission (“Commission”) under the authority granted to it under Section 706(f)(1) of Title

VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Section 2000e-5(f)(1). The

Commission's action was brought to correct alleged unlawful employment practices on the bases

of sex and race.

The Commission and the Defendant Spectrum Health Worth Home Care, Inc. (“Spectrum

Worth”), hereby stipulate to the jurisdiction of the Court over the parties and the subject matter

of this action.

The Commission and the Defendant have advised this Court that they desire to resolve

Civil Action No. 1:05-cv-00446 without the burden and expense of further litigation. Plaintiff

Intervenors Kisha Childrey and Diane Wilson are aware of this Consent Decree and have no objection to it.
By entering into this Consent Decree the EEOC and the Defendant acknowledge that it neither waives nor resolves any of the allegations, issues, and/or claims raised by Intervenors Kisha Childrey and/or Diane Wilson in their individual Complaints.
It is, therefore, the finding of this Court, based on the pleadings and the record as a whole that the applicable requirements of Title VII will be carried out by the implementation of this Decree, and this Decree resolves only the issues raised by the Complaint of the Commission.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED as follows: 1. Defendant agrees that it will not discriminate against employees on the bases of sex and race and will maintain a work environment for all employees that is free from harassment. 2. Defendant agrees that there will be no discrimination or retaliation of any kind against any person because that person is a beneficiary of this Decree or has provided information or assistance, or participated in any manner in an investigation, proceeding or hearing in relation to this action. 3. Defendant agrees to post the Notice of Non-Discrimination Policy attached as Appendix A to this Decree in a conspicuous place on its premises. Said notice shall remain posted throughout the term of this Decree. 4. Within thirty (30) days of the date of entry of this Decree, Defendant agrees to circulate to its employees copies of its policy which prohibits harassment in the workplace. Defendant agrees to inform the employees that the harassment policy applies to situations which occur within the homes of patients, as well as in the corporate workplace.
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5. Defendant agrees that it shall conduct a training seminar for all employees, including all managers and supervisors regarding the policies prohibiting harassment. Said seminar must be conducted within six (6) months from the date of entry of this Decree. Thirty (30) days prior to the date of the seminar, the Defendant shall provide notice to the Commission regarding the date, time and place of the seminar, and shall send to the Commission a copy of the seminar program and all written materials, if any, to be used at the seminar. The Commission may provide reasonable input on the content of the program.
6. Defendant agrees to submit reports to EEOC detailing its compliance with this decree. Within sixty (60) days of the date of this Decree, Defendant will certify to the EEOC Regional Attorney that the distribution and explanation of the policy has been completed and provide EEOC with a copy of the policy prohibiting harassment. Defendant further agrees to submit a report to the EEOC within thirty days of its completion of the training described in paragraph 5 above. Said report shall include the date the training took place and a list of all those employees who attended the training. In addition, four (4) annual reports shall be submitted during the term of this decree. The first report shall be due on December 31, 2006 and the subsequent reports shall be mailed to the Commission no later than December 31st of each year covered by the decree. The report shall include the following information for the twelve (12) month period preceding the report: a description of any and all verbal or written complaints of harassment or sex or race discrimination received by the company or any of its managers or supervisors from any employee, the name and position of the complainant and the disposition of the complaint, including any discipline administered as a result of the complaint. Reports shall be sent to the attention of Laurie A. Young, Regional Attorney, or her successor, Equal
3

Employment Opportunity Commission, 101 W. Ohio Street, Suite 1900, Indianapolis, Indiana, 46204.
7. Defendant agrees that the EEOC may review compliance with this Decree. As part of such review, the EEOC may inspect the premises, interview employees, examine and copy documents. Access shall be granted during the hours of 9:00 a.m. and 4:00 p.m. Monday through Friday, with initial access allowed five (5) working days after Defendant’s receipt of a written request by EEOC. This Decree shall not be construed as authorizing the EEOC to inspect the premises of any of Defendant’s home care patients without the express consent of the patient, the patient’s guardian, or a person with the legal authority to act on the patient’s behalf.
8. In the event that EEOC alleges that a violation of this Decree has occurred, prior to exercising any remedy provided by law, EEOC will give notice in writing thereof, specifically identifying the alleged violation to Defendant. Defendant will have thirty (30) days in which to investigate and respond to the allegation. Thereafter, the parties will have a period of thirty (30) days, or such additional period as may be agreed upon by them, in which to negotiate and confer regarding such allegation, before Plaintiff exercises any remedy provided by law.
9. This Decree shall remain in effect from the date of the entry until December 31, 2009.
10. This Decree is not an adjudication or finding on the merits of this case and shall not be construed as an admission by the Defendant of liability of a violation of any federal, state or local law. This Decree shall not be given preclusive effect on any claim, issue, or defense raised in this action.
11. The Commission and Defendant will bear their own costs and attorney fees. Nothing in this Decree shall be construed to prevent Defendant from recovering all of the costs it
4

has incurred in this action from Intervening Plaintiffs under applicable federal statutes and the Federal Rules of Civil Procedure should it prevail in this matter. Further, nothing in this Decree shall be construed to prevent Intervening Plaintiffs from recovering all of the costs they have incurred in this action from Defendant under applicable federal statutes and the Federal Rules of Civil Procedure should they prevail in this matter.
12. RETENTION OF JURISDICTION BY COURT The Court will retain jurisdiction of this cause throughout the duration of this Decree for purposes of monitoring compliance with this Decree and entry of such further orders as may be necessary or appropriate.

__O_c_t_o__b_e_r__2__3_,__2_0__0_6__ Date

__/_s_/_G__o_r_d_o_n___J_.__Q__u_i_s_t_____________ Judge, United States District Court

Copies to:
Jo Ann Farnsworth, Senior Trial Attorney Kenneth Bird, Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 101 W. Ohio Street, Suite 1900 Indianapolis, IN 46204
Stephen R. Drew DREW COOPER & ANDING Ledyard Building, Suite 300 125 Ottawa Avenue N.W. Grand Rapids, MI 49503-2898
Paul T. Sorensen Matthew Nelson Warner Norcross & Judd, LLP 900 Fifth Third Center 111 Lyon Street N.W. Grand Rapids, MI 49503
5

APPENDIX A
EMPLOYEE NOTICE
Posted Pursuant to an Agreement with the U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Indianapolis District Office
NOTICE OF NON-DISCRIMINATION POLICY

Federal Law prohibits discrimination against any employee or job applicant because of the individual's sex, race, color, religion, national origin, disability or age.
Federal law also prohibits sexual and racial harassment in the workplace. Sexual and racial harassment in the workplace occurs when the employer allows its employees to be subjected to verbal or physical conduct of a sexual or racial nature and this conduct interferes with the employee's work or creates an intimidating or offensive work environment.
Should you have any complaints of discrimination, including sexual or racial harassment, you can contact the EEOC at the address and telephone number given below.

______________________ Date

____________________________________________ Spectrum Health Worth Home Care, Inc.

Questions concerning this notice may be addressed to:
Equal Employment Opportunity Commission 101 W. Ohio St., Suite 1900
Indianapolis, Indiana 46204-4203 Telephone: (317) 226-7212 EEOC 800 # 1-800-669-4000 TDD (317) 226-5162

6

 
 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff,

Case No. 1:05-CV-446

KISHA CHILDREY and DIANE WILSON, jointly and severally,

Hon. Gordon J. Quist

Intervening Plaintiffs,

v

SPECTRUM HEALTH WORTH HOME CARE, INC.,

Defendant. ____________________________________________/

ORDER GRANTING MOTION TO COMPEL

Pending before the court is Defendant’s First Motion to oCmpel Discovery Responses

From Intervening Plaintiffs (docket no. 177). For the reasons more fully stated on the record at the

hearing held November 27, 2006, the motion is GRANTED in the following respects:

1. Intervening plaintiffs shall, not later thanDecember 11, 2006, provide defendant

with all documents and computations supporting intervening plaintiff Diane W ilson’s claim for

medical expenses in the amount of $2,000.00, and for any additional medical expenses.

2. Intervening plaintiffs shall, not late r than December 11, 2006, identify all

medical expenses to date for intervening plaintiff Kisha Childrey and shall provide all documents

and computations in support thereof.

3. Inte rvening plaintiffs shall identify to defendant not later than December 11,

1

2006 any dollar amount they intend to claim before the jury for non-economic damages, and shall provide any documents, computations or other bases they intend to put before the jury to explain how that figure was reached. In the event circumstances cause the amount to change, intervening plaintiffs have the duty to supplement their answers.
Based upon the representation of the parties, the court finds the requests for information pertaining to economic damages (wage loss) have been satisfied and are no longer at issue.
The issue of punitive dam ages shall be addressed at the upcom ing hearing on Intervening Plaintiffs’ Second Motion to Compel Discovery (docket no. 201).
IT IS SO ORDERED.

Dated: November 28, 2006

/s/ Hugh W. Brenneman, Jr. Hugh W. Brenneman, Jr. United States Magistrate Judge

2

 
 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff,

Case No. 1:05-CV-446

KISHA CHILDREY and DIANE WILSON, Jointly and Severally,

Hon. Gordon J. Quist

Intervening Plaintiffs,

v

SPECTRUM HEALTH WORE HOME CARE, INC.,

Defendant. ___________________________________________/

ORDER

Presently before the court are Intervening Plaintiffs’ Second (docket no. 201), Third

(docket no. 210) and Fourth (docket no. 224) motions to compel discovery.

Intervening Plaintiffs’ Third Motion seeks documents identified in Request Nos. 1

through 5 of Intervening Plaintiffs’ Seventh Requesftor Production of Documents. In general, these

requests seek agendas and m inutes of periodic m eetings conducted by de fendant, together with

various financial information pertaining to that organization. In Interveni ng Plaintiffs’ Second

Motion to Compel Discovery, Intervening Plaintiffs seek in Request No. 45 of their First Set of

Request for Production of Docume nts defendant’s monthly and annual financial statem ents and

balance sheets for calendar years 2000 through 2005.

1

For the reasons more fully stated on the record at the hearing held Decem ber 15, 2006, the court finds that the financial information sought by these requests in support of Intervening Plaintiffs’ claims for punitive damages appears to be barred by the rule setofrth in Clark v Chrysler, 436 F.3d 594, 604 (6 th Cir. 2006). (“[T]o serve as j ustification for a punitive dam age award, a defendant’s wealth must bear some relation to the harm sustained by the plaintiff. See State Farm, 538 U.S. at 427, 123 S.Ct. 1513.”); see also, Sherrills v Beison, 1:05-CV-310, Ruling of the Hon. Ellen S. Carm ody dated May 30, 2006 on Plainti ff’s Third Motion to Com pel Discovery. Unfortunately, Intervening Plaintiffs’ brief failed to address theClark case or set forth their reasons for distinguishing it from the present case, notwithstanding that the case had been raised to counsel on two prior occasions. Similarly, the court finds that the deposition transcripts referred to in the remaining portions of these requests to justify obatining the documents from various meetings have also not been furnished to the court for its review. For all of these reasons, Intervening Plaintiffs’ Motions to Compel Production of the documents (docket nos. 201 and 210) will be DENIED without prejudice to Intervening Plaintiffs refiling such motion with adequate briefing.1
In their second m otion to com pel discovery, Intervening Plaintiffs al so seek documents identified in Re quest Nos. 21 through 23 of their Fifth Request for Production of Documents. These relate to the personnel files ofTonia Boluyt, Julia Harris and Nancy Hulst. All
1Defendant suggests there may be work product objections to production of the minutes, etc. of the various meetings, but no such objections have been raised to date. That aside, the court may well find these documents discoverable if the motion is renewed, and an adequate brief is filed in support thereof explaining why these documents are sought, together with the cited portions of the transcripts.
Any question of costs being awarded defendant for having to defend the same motions to compel a second time will be addressed if and when such motions are filed and decided.
2

these requests seek training records and defendant has agreed to provide those. Of the remaining items sought, def endant shall produce as to each of these Requests the evaluations and/or performance reviews, disciplinary records, and supervisory records and/or management records, and notes and/or memoranda, formal and informal, regarding referring to the individual concerned that may exist in or outside said file but under the control of the defendant. These documents shall be produced within 15 days.
Intervening Plaintiffs have withdrawn their Fourth Motion to Com pel Discovery (docket no. 224), upon agreement of the parties and without prejudice.
IT IS SO ORDERED.

Dated: December 18, 2006

/s/ Hugh W. Brenneman, Jr. Hugh W. Brenneman, Jr. United States Magistrate Judge

3

 
 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

KISHA CHILDREY et al.,
Intervenor-Plaintiffs,
v
SPECTRUM HEALTH WORTH HOME CARE, INC.,
Defendant. _____________________________________/

Case No. 1:05-CV-446 Hon. Jack Zouhary

MEMORANDUM ORDER Pending before the court is the Intervening Plaintiffs’ Consolidated Motion to Compel Discovery of Relevant Financial and Business Records (docket no. 239). This motion has a lengthy history, having been heard in various forms on several previous occasions. Essentially, intervening plaintiffs (“plaintiffs”) seek from the defendant Spectrum Health Worth Home Care, Inc. discovery pertaining to the financial and corporate status of the defendant. Spectrum Health Worth Home Care, Inc. (“Worth Home Care”) is a non-profit division of Worth Services and subsidiary of Spectrum Health Hospitals and/or Spectrum Health Continuing Care, Inc. Worth Home Care provides in-home health care to individuals with neurological disorders or serious brain injuries. In the present case, plaintiffs were caregivers employed by the defendant to provide services to Kyle Briggs (“Briggs”). Briggs was a patient who suffered from the effects of a brain injury, seizure disorder, and bi-polar disorder. He had a history of inappropriate behavior and required double staffing. Briggs subsequently assaulted each of the

1

women, both of whom were African-American. As a result both women claim their employer – the defendant – violated their federally protected rights to be free from a racially/sexually hostile and dangerous work environment.
In a previous order of this court, dated December 18, 2006, plaintiffs’ second and third motions to compel discovery were denied without prejudice, and plaintiffs were permitted to re-file their motion with adequate briefing, plaintiffs having failed to adequately address the Sixth Circuit’s decision in Clark v. Chrysler Corp., 436 F.3d 594 (6th Cir. 2006), and this court’s earlier decision in Sherrills v. Bieson, 1:05-CV-310-RAE (2006), cases which counsel for plaintiffs should have been well aware. In fact, plaintiffs’ counsel was also plaintiffs’ counsel in Sherrills when his identical motion was denied in that case. Defendant was the same in both cases, and plaintiffs’ counsel raised the same arguments for obtaining defendant’s financial records in a motion to compel, alleging that the “financial condition and/or net worth of the employer is relevant in determining punitive damages.” This court, in an opinion by a different judge, rejected plaintiffs’ argument and denied the motion to compel discovery of defendant’s financial records based on the Sixth Circuit’s analysis in Clark.
Plaintiffs withdrew their fourth motion to compel discovery in this case upon agreement of the parties and without prejudice. Plaintiffs were directed by this court on the record, should they file their motion yet again, to distinguish the Sixth Circuit’s decision in Clark and this court’s earlier decision in Sherrills from the present case. Plaintiffs’ counsel agreed to do so. Transcript of Motion to Compel hearing, 12/15/2006, at 23-24.
On January 16, 2007, plaintiffs filed their fifth and present motion to compel discovery in this case (docket no. 239) seeking to compel Worth Home Care to produce five years
2

of financial records along with seven months of documents related to various meetings among defendant’s management team and between defendant’s management and its parent corporation. Plaintiffs also seek to compel production of corporate documents relating to the purchase of the defendant by Spectrum Health’s predecessor over ten years ago. Nowhere in this motion do plaintiffs address the Sherrills decision, as requested. Neither have they paid attention to the majority decision in Clark, relying almost exclusively on the dissent in that case. This is not helpful either. Arguing that Clark was wrongfully decided is not the same as pointing out why its differences from the present case, if any, makes it inapplicable here.
The Clark decision is at the heart of this motion. Charles Clark was fatally injured in an automobile accident when another car collided with the 1992 Dodge Ram club cab pickup truck Mr. Clark was driving. Clark’s wife sued Chrysler claiming that the pickup was defective and negligently designed because the metal frame of the truck against which the latch closed – the B-pillar – was only made out of a thin piece of metal easily deformed by the impact caused by the accident, which forced open the latch allowing Mr. Clark to be thrown from the truck. Clark’s experts testified that the truck’s “unboxed” B-pillar design was inadequate to withstand low-impact accidents; that every other manufacturer utilized reinforced, boxed in or supported B-pillar designs that did not experience bypass failure; and that this type B-pillar design was a known failure in the automotive industry. The court instructed the jury it could return a verdict for punitive damages if Chrysler’s manufacture of the 1992 Dodge Ram pickup constituted gross negligence (gross negligence being defined as a reckless disregard for the life and safety of other persons, including Charles Clark). The jury returned punitive damages in the amount of $3,000,000.00 and compensatory damages in the amount of $471,000.00.
3

Although the Appeals Court found the evidence regarding the fraility of the B-pillar
to be sufficient to support the jury’s decision to award punitive damages, the court did not find the
amount of punitive damages to have been appropriately determined. In particular, the appellate
court disagreed with the district court’s finding that Chrysler’s conduct could be considered reprehensible1 on the basis that Mr. Clark was a purchaser of one of Chrysler’s vehicles and
Chrysler had substantial financial resources because it sold such vehicles.
Certainly the Clark scenario parallels the present case, where plaintiffs were injured
by one of the defendant’s patients, and defendant arguably has substantial financial resources
because it treated such patients (or at least plaintiffs would like to find out if it does through the
disputed discovery). The appellate court pointed out in Chrysler, however, that Chrysler’s wealth
had no connection with the actual harm sustained by Mr. Clark.
The court also noted that while the financial vulnerability of a victim is relevant when the harm inflicted is economic in nature, which was not the case in Clark, nor is it in this case,2
even when a plaintiff endures economic injury, the wealth of a defendant cannot justify an otherwise
unconstitutional punitive damages award, citing among other cases Mathias v. Accor Economy
1The degree of reprehensibility of the defendant’s conduct is the most important indicium of the reasonableness of a punitive damages award. State Farm Mutual Automobile Insurance Company v. Campbell, 538 U.S. 408, 419 (2003).
2Plaintiffs acknowledge that the harm inflicted in the present case is not economic in nature. In their brief at 9, they discuss the case of State Farm Mutual Automobile Insurance Company v. Campbell, 538 U.S. 409 (2003), and state as follows:
“Further, the harm in Campbell was economic rather than physical. (Citation omitted.) The instant case, distinguishable from Campbell in that regard, clearly is both a physical harm (sexual assault up to and including rape) and a claim that the harm is in fact connected to the desire and ability [of defendant] to profit from this type of case.”
4

Lodging, Inc., 347 F.3d 672, 676 (7th Cir. 2003) (“a person is punished for what he does, not for who he is, even if the who is a huge corporation”).
The Sixth Circuit concluded that “to serve as a justification for a punitive damage award, a defendant’s wealth must bear some relation to the harm sustained by the plaintiff.” Clark, supra, at 604. Chrysler’s wealth, the court said, was an inappropriate basis for the punitive damage award since no economic injury was involved and there was no other connection between Chrysler’s financial resources and the physical injury suffered by the plaintiff. Id.
Plaintiffs seek minutes of various meetings3 and numerous financial reports of defendant. Plaintiffs have fixated on the fact that Mr. Briggs’ case generated higher than average income for the defendant non-profit because he required two caregivers per shift for two shifts per day seven days a week, with possibly a third shift on Sundays. No other Worth Home Care patient required two caregivers per shift. (Conversely, however, the need for additional caregivers would have also generated higher than average costs to defendant.)
Significantly, the financial information sought by plaintiffs focuses not on Briggs as an individual, but rather an overall financial status of the defendant. These are precisely the types of requests the court rejected in the unreported case of Pioneer Resources Corporation v. Nami Resources Company, 2006 W.L. 1635651 (E.D. KY) June 8, 2006, relied upon by plaintiffs. Plaintiffs’ brief at 13. In that case, the plaintiff contended that the defendant wrongfully overcharged plaintiff for expenses on four wells and then withheld revenue from those wells. The court denied plaintiff’s attempts to obtain financial information about the value of the defendant company or the profits derived from operating over 800 wells not owned by the plaintiff as simply
3Plaintiffs have already received all minutes mentioning Briggs. 5

not being at issue. The court stated, “(a)lthough plaintiff contends that the defendant’s overall profitability is relevant to punitive damages, there is a significant difference between the profit derived from defendant’s alleged misconduct regarding plaintiff’s four wells and a generalized inquiry into how deep the defendant’s pockets actually are, i.e., the defendant company’s overall valuation and the profits from over 800 other wells managed/operated by defendant.”
The court also denied requests for documentation evidencing the “overall financial condition” of the defendant, which is the type of information plaintiffs seek in the present case when they request defendant’s “annual financial statements and balance sheets for calendar years 2000 through 2005,” “all . . . reporting of Worth Home Care financial standing, including census, different types of insurance payments Worth Home Care received, and including but not limited to financial reports of each service line (Worth Home Care, Worth Rehab, Worth Residential, Neurotrauma, and Visiting Nurse Extra Care),” “all Worth Home Care financial reports presented to the Continuing Care Group Board” etc.4 Since a defendant’s wealth must bear some relation to the harm sustained by the plaintiffs to serve as a justification for a punitive damages award, Clark, supra, at 604, and these numbers clearly would not, they are not relevant discovery material.
Plaintiffs also seek corporate documents relating to the purchase of the defendant business a decade earlier.
Worth Home Care, Inc. is a non-profit entity funded solely by private pay patients or no-fault insurance. It receives no funds from Medicare, Medicaid, or Blue Cross Blue Shield.
4Plaintiffs point out for reasons not entirely clear that the money that defendant took in because of Briggs did not have “to be discounted from their regular billing rate as would be done by Medicare, Medicaid or other government sources.” Of course, the same was true for all of their patients, since defendant did not accept payments from Medicare, Medicaid, or other government sources.
6

As a non-profit organization, it has no profits and pays no shareholders. To the extent that revenues may exceed expenses and are not retained to offset anticipated future losses, they are rolled over into a separate division of Worth Services which provides elder care to the community. There is no allegation in plaintiffs’ complaint that the defendant is not properly a non-profit. Both the fact that the business may have been run for profit when it was purchased by defendant some ten years prior to the incident, and plaintiffs’ request for information concerning that transaction, are simply irrelevant to the claims of racial and sexual discrimination presently before the court.
For the reasons stated, plaintiffs’ consolidated motion to compel discovery (docket no. 239) is DENIED.
Furthermore, the court previously informed plaintiffs’ counsel that if plaintiffs brought another motion pertaining to the discovery issues discussed above and did not prevail, defendant would be entitled to reasonable expenses including attorney’s fees in light of the repeated motions filed. See Rule 37(a)(4)(B). Accordingly, defendant is awarded expenses, including attorney’s fees, in the amount of $1,000.00, payable within 21 days of the date of this order; provided, however, that if either side believes this is not an appropriate figure, they shall notify the opposing side within ten days of the date of this order, and within ten days after that date, defendant shall file an affidavit and papers supporting what it believes are proper expenses and attorney’s fees, whether that amount is more or less than this amount. Within ten days of receipt of this affidavit, plaintiffs’ counsel shall respond in kind. Absent further notice from the court scheduling a hearing
7

on the issue of expenses and attorney’s fees, the court will resolve the matter on the papers submitted by the parties.
IT IS SO ORDERED.

Dated: June 11, 2007

/s/ Hugh W. Brenneman, Jr. Hugh W. Brenneman, Jr. United States Magistrate Judge

8

 
 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN - SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,

Case No. 1:05-CV-446 Honorable Jack Zouhary

KISHA CHILDREY and DIANE WILSON, Jointly and Severally,

Intervening Plaintiffs,

v.

SPECTRUM HEALTH WORTH HOME CARE, INC.,

Defendant. ______________________________________________________________________________/

Stephen R. Drew (P24323)

Paul T. Sorensen (P29582)

Brian K. Lawson (P47124)

Matthew T. Nelson (P64768)

DREW, COOPER & ANDING

WARNER NORCROSS & JUDD LLP

Attorney for Intervening Plaintiffs

Attorneys for Defendant

125 Ottawa Avenue NW, Suite 300

111 Lyon Street NW, Suite 900

Grand Rapids, Michigan 49503

Grand Rapids, Michigan 49503

(616) 454-8300

(616) 752-2000

______________________________________________________________________________/

ORDER

At a session of the Federal District Court for the Western District of Michigan, Southern Division, on this _1_6__th_ day of __J_u_l_y__________, 2007.

PRESENT: HONORABLE JACK ZOUHARY United States District Court Judge

The Court having acknowledged the stipulation of the parties and being fully apprised in the premises:
IT IS HEREBY ORDERED that the above captioned matter be dismissed with prejudice and without costs to any party.
____s_/____J_a_c_k_Z__o_u_h_a_r_y____7_/_1_6_/_0_7______ Honorable Jack Zouhary United States District Court Judge
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 United States District Court for the Western District of Michigan

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CASESETTLED, CLOSED, SEALEDDOC(S), VFM
United States District Court Western District of Michigan (Southern Division (1)) CIVIL DOCKET FOR CASE #: 1:05-cv-00446-JZ

Childrey, et al v. Spectrum Health Worth Home Care, Inc. Assigned to: OHND Judge Jack Zouhary Cause: 28:451 Employment Discrimination

Date Filed: 06/28/2005 Date Terminated: 06/13/2007 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

plaintiff
Equal Employment Opportunity Commission TERMINATED: 10/23/2006

represented by Adele Rapport U.S. Equal Employment Opportunity Commission (MI) Patrick V. McNamara Bldg. 477 Michigan Ave., Rm. 865 Detroit, MI 48226 (313) 226-6701 Email: adele.rapport@eeoc.gov TERMINATED: 06/07/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jo Ann Farnsworth U.S. Equal Employment Opportunity Commission (IN) 101 W Ohio St., Rm. 1900 Indianapolis, IN 46204 (317) 226-7949 Email: joann.farnsworth@eeoc.gov TERMINATED: 10/23/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kenneth L. Bird U.S. Equal Employment Opportunity Commission (IN) 101 W Ohio St., Rm. 1900 Indianapolis, IN 46204 (317) 226-7204 Email: kenneth.bird@eeoc.gov TERMINATED: 10/23/2006 ATTORNEY TO BE NOTICED

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Robert K. Dawkins U.S. Equal Employment Opportunity Commission (MI) Patrick V. McNamara Bldg. 477 Michigan Ave., Rm. 865 Detroit, MI 48226 (313) 226-3406 Email: robert.dawkins@eeoc.gov TERMINATED: 10/23/2006 ATTORNEY TO BE NOTICED
Tammy C. Klein U.S. Equal Employment Opportunity Commission (MI) Patrick V. McNamara Bldg. 477 Michigan Ave., Rm. 865 Detroit, MI 48226 (313) 226-5673 Fax: (313) 226-6584 Email: tammy.klein@eeoc.gov TERMINATED: 10/30/2006 ATTORNEY TO BE NOTICED

V. intervenor-plaintiff Kisha Childrey

represented by Brian K. Lawson Drew Cooper & Anding 125 Ottawa Ave., NW, Ste. 300 Grand Rapids, MI 49503 (616) 454-8300 Email: blawson@dcadvocate.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen R. Drew Drew Cooper & Anding 125 Ottawa Ave., NW, Ste. 300 Grand Rapids, MI 49503 (616) 454-8300 Fax: (616) 454-0036 Email: sdrew@dcadvocate.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ann M. Cooper Drew Cooper & Anding 125 Ottawa Ave., NW, Ste. 300 Grand Rapids, MI 49503

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United States District Court for the Western District of Michigan

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intervenor-plaintiff Diane Wilson

(616) 454-8300 Email: acooper@dcadvocate.com TERMINATED: 01/03/2007 ATTORNEY TO BE NOTICED
represented by Brian K. Lawson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen R. Drew (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ann M. Cooper (See above for address) TERMINATED: 01/03/2007 ATTORNEY TO BE NOTICED

V.
defendant
Spectrum Health Worth Home Care, Inc.

represented by Daniel P. Ettinger Warner Norcross & Judd LLP 900 Fifth Third Center 111 Lyon NW Grand Rapids, MI 49503 (616) 752-2000 Email: dettinger@wnj.com ATTORNEY TO BE NOTICED
Gregory Matthew Kilby Warner Norcross & Judd LLP (Grand Rapids) 111 Lyon St., NW, Ste. 900 Grand Rapids, MI 49503-2487 (616) 752-2181 Email: gkilby@wnj.com ATTORNEY TO BE NOTICED
Matthew T. Nelson Warner Norcross & Judd LLP (Grand Rapids) 111 Lyon St., NW, Ste. 900 Grand Rapids, MI 49503-2487 (616) 752-2539 Fax: (616) 222-2539

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amicus National Association For Home Care and Hospice, Inc.
amicus Brain Injury Association of Michigan
amicus Michigan Brain Injury Provider Council, Inc.

Email: mnelson@wnj.com ATTORNEY TO BE NOTICED
Paul T. Sorensen Warner Norcross & Judd LLP (Grand Rapids) 111 Lyon St., NW, Ste. 900 Grand Rapids, MI 49503-2487 (616) 752-2000 Email: psorensen@wnj.com ATTORNEY TO BE NOTICED
represented by Henry L. Guikema Henry L. Guikema, P.C. 125 Ottawa NW, Ste. 333 Grand Rapids, MI 49503 (616) 235-2601 Email: h.guik@worldnet.att.net ATTORNEY TO BE NOTICED
represented by Henry L. Guikema (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Henry L. Guikema (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. movant Kisha Childrey TERMINATED: 09/08/2005
movant Diane Wilson TERMINATED: 09/08/2005

represented by Stephen R. Drew (See above for address) TERMINATED: 09/08/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Stephen R. Drew (See above for address) TERMINATED: 09/08/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED

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V. mediator Facilitative Mediator

represented by Scott S. Brinkmeyer Mika Meyers Beckett & Jones PLC 900 Monroe Ave., NW Grand Rapids, MI 49503 (616) 632-8000 Email: sbrinkmeyer@mmbjlaw.com LEAD ATTORNEY

Date Filed 06/28/2005 06/28/2005 07/20/2005 07/20/2005 07/20/2005
08/03/2005 08/04/2005 08/04/2005 08/19/2005 09/02/2005 09/08/2005

# Docket Text
1 COMPLAINT with jury demand against Spectrum Health Worth Home Care, Inc. filed by Equal Employment Opportunity Commission (Attachments: # 1 Civil Cover Sheet) (cmi, ) (Entered: 06/29/2005)
SUMMONS ISSUED as to Spectrum Health Worth Home Care, Inc. (cmi, ) (Entered: 06/29/2005)
2 ATTORNEY APPEARANCE of Stephen R. Drew on behalf of Kisha Childrey and Diane Wilson (Drew, Stephen) (Entered: 07/20/2005)
3 MOTION to intervene by intervenor-plaintiffs Kisha Childrey, Diane Wilson; (Drew, Stephen) (Entered: 07/20/2005)
4 BRIEF in support of 3 Kisha Childrey and Diane Wilson's Motion for Intervention filed by Kisha Childrey, Diane Wilson (Attachments: # 1 Proposed Document Proposed Complaint in Intervention# 2 Proposed Order) (Drew, Stephen) (Entered: 07/20/2005)
5 ANSWER to complaint w/affirmative defenses by Spectrum Health Worth Home Care, Inc. (Sorensen, Paul) Modified on 8/4/2005 to edit text (elc, ). (Entered: 08/03/2005)
6 PROPOSED STIPULATION and ORDER to Extend Time to Respond to Motion to Intervene by defendant Spectrum Health Worth Home Care, Inc. (Sorensen, Paul) (Entered: 08/04/2005)
7 ORDER granting STIPULATION 6 ; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, mil) (Entered: 08/04/2005)
8 RESPONSE in opposition re 3 filed by Spectrum Health Worth Home Care, Inc. (Attachments: # 1 Exhibit A# 2 Appendix) (Nelson, Matthew) (Entered: 08/19/2005)
9 REPLY to response to motion re 3 filed by Kisha Childrey, Diane Wilson (Attachments: # 1 Exhibit #1# 2 Exhibit #2# 3 Exhibit #3# 4 Exhibit #4) (Drew, Stephen) (Entered: 09/02/2005)
10 MEMORANDUM ORDER granting 3 motion to intervene; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt) (Entered: 09/08/2005)

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09/08/2005 09/19/2005
09/22/2005 10/06/2005 10/06/2005
10/11/2005
10/19/2005 10/19/2005 10/28/2005 10/28/2005 11/01/2005 11/03/2005 11/15/2005
11/16/2005

11 INTERVENOR COMPLAINT w/jury demand filed by Kisha Childrey, Diane Wilson (elc, ) (Entered: 09/13/2005)
12 ORDER setting Rule 16 scheduling conference: Rule 16 scheduling conference is set for 11/3/2005 at 04:00 PM at 482 Federal Building, Grand Rapids, MI before Judge Gordon J. Quist; status report due by 10/28/2005 ; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, mil) (Entered: 09/19/2005)
13 ANSWER to intervenor complaint in Intervention by Spectrum Health Worth Home Care, Inc. (Sorensen, Paul) (Entered: 09/22/2005)
14 MOTION for summary judgment as to the EEOC's claims by defendant Spectrum Health Worth Home Care, Inc.; (Sorensen, Paul) (Entered: 10/06/2005)
15 BRIEF in support of 14 defendant's motion for summary judgment as to the EEOC's claims filed by Spectrum Health Worth Home Care, Inc. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10# 11 Affidavit Gibson) (Sorensen, Paul) (Entered: 10/06/2005)
16 ORIGINAL PAPER AFFIDAVIT of Lori L. Gibson in reference to the affidavit submitted electronically and assigned document number 15 ; submitted for filing by defendant Spectrum Health Worth Home Care, Inc. (elc, ) (Entered: 10/13/2005)
17 ATTORNEY APPEARANCE of Tammy C. Klein on behalf of plaintiff Equal Employment Opportunity Commission (Klein, Tammy) (Entered: 10/19/2005)
18 CERTIFICATE OF SERVICE by plaintiff Equal Employment Opportunity Commission re 17 Notice of Appearance (Klein, Tammy) (Entered: 10/19/2005)
19 ATTORNEY APPEARANCE of Daniel P. Ettinger on behalf of defendant Spectrum Health Worth Home Care, Inc. (Ettinger, Daniel) (Entered: 10/28/2005)
20 ATTORNEY APPEARANCE of Matthew T. Nelson on behalf of defendant Spectrum Health Worth Home Care, Inc. (Nelson, Matthew) (Entered: 10/28/2005)
21 JOINT STATUS REPORT submitted for filing by intervenor-plaintiffs Kisha Childrey, Diane Wilson (Drew, Stephen) (Entered: 11/01/2005)
32 MINUTES of scheduling conference held before Judge Gordon J. Quist (Court Reporter: Diane Calsbeek) (Judge Gordon J. Quist, mil) (Entered: 12/01/2005)
22 PROPOSED STIPULATION and ORDER to extend deadline for plaintiff's response brief in opposition to summary judgment and defendant's reply brief by plaintiff Equal Employment Opportunity Commission (Klein, Tammy) (Entered: 11/15/2005)
23 CASE MANAGEMENT ORDER: jury trial set for 4/10/2007 at 08:30 AM at 499 Federal Building, Grand Rapids, MI before Judge Gordon J. Quist; final pretrial conference set for 3/20/2007 at 02:30 PM at 499 Federal Building, Grand Rapids, MI before Judge Gordon J. Quist; settlement conference set for 2/22/07 at 02:00 PM at 584 Federal Building, Grand Rapids, MI before Magistrate Judge Hugh W. Brenneman, Jr.; status conference set for 2/22/2006 at 02:30 PM at 482 Federal

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11/17/2005 11/17/2005 11/21/2005 11/21/2005
11/21/2005
11/21/2005
11/22/2005 11/25/2005
12/05/2005 12/06/2005 12/06/2005 12/06/2005

Building, Grand Rapids, MI before Judge Gordon J. Quist; ; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, mil) Modified on 12/14/2005 to correct text (elc). (Entered: 11/16/2005)
24 PROOF OF SERVICE by defendant Spectrum Health Worth Home Care, Inc. of Defendant's First Set of Consolidated Discovery Requests to Tammy C. Klein and Stephen R. Drew (Nelson, Matthew) (Entered: 11/17/2005)
25 ORDER granting STIPULATION 22 ; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, mil) (Entered: 11/17/2005)
26 RESPONSE in opposition re 14 Motion for Summary Judgment filed by Equal Employment Opportunity Commission (Klein, Tammy) (Entered: 11/21/2005)
27 RESPONSE in opposition re 14 Brief in Response to Defentant's Motion for Summary Judgment filed by Equal Employment Opportunity Commission (Attachments: # 1 Affidavit Local Civil Rule 5.7 (iv)) (Klein, Tammy) (Entered: 11/21/2005)
28 EXHIBIT re 22 Response to Defendant's Motion for Summary Judgment by plaintiff Equal Employment Opportunity Commission (Attachments: # 1 # 2 Exhibit A# 3 Exhibit B# 4 Exhibit C1# 5 Exhibit C2# 6 Exhibit D# 7 Exhibit E# 8 Exhibit F# 9 Exhibit G# 10 Exhibit H# 11 Exhibit # 12 Exhibit J# 13 Exhibit K# 14 Exhibit L# 15 Exhibit M) (Klein, Tammy) (Entered: 11/21/2005)
29 EXHIBIT re 22 Brief in Response to Defendant's Motion for Summary Judgment by plaintiff Equal Employment Opportunity Commission (Attachments: # 1 # 2 Exhibit N# 3 Exhibit O# 4 Exhibit P# 5 Exhibit Q# 6 Exhibit R1# 7 Exhibit R2# 8 Exhibit S# 9 Exhibit T# 10 Exhibit U# 11 Exhibit V# 12 Exhibit W# 13 Exhibit X) (Klein, Tammy) (Entered: 11/21/2005)
30 EXHIBIT re 22 Replacement Exhibits by plaintiff Equal Employment Opportunity Commission (Attachments: # 1 Civil Cover Sheet # 2 Exhibit C1# 3 Exhibit C2# 4 Exhibit R2) (Klein, Tammy) (Entered: 11/22/2005)
31 EXHIBIT re 22 Opposition to Summary Judgment by plaintiff Equal Employment Opportunity Commission (Attachments: # 1 Exhibit # 2 Exhibit C1# 3 Exhibit C2# 4 Exhibit C3# 5 Exhibit C4# 6 Exhibit C5# 7 Exhibit R1# 8 Exhibit R2# 9 Exhibit R3) (Klein, Tammy) (Entered: 11/25/2005)
33 CERTIFICATE OF SERVICE by intervenor-plaintiffs Kisha Childrey, Diane Wilson regarding Intervening Plaintiffs' Disclosure of Lay Witnesses (Drew, Stephen) (Entered: 12/05/2005)
34 PROOF OF SERVICE by defendant Spectrum Health Worth Home Care, Inc. of Rule 26 Disclosures (Nelson, Matthew) (Entered: 12/06/2005)
35 NOTICE to take deposition of Kisha Childrey by Spectrum Health Worth Home Care, Inc. (Nelson, Matthew) (Entered: 12/06/2005)
36 STIPULATION and PROPOSED ORDER Extending the Deadline for Defendant's Reply Brief in Support of its Motion for Summary Judgment by defendant Spectrum Health Worth Home Care, Inc. (Attachments: # 1 Proposed Order Extending the Deadline for Defendant's Reply Brief in Support of its Motion for Summary Judgment) (Nelson, Matthew) (Entered: 12/06/2005)

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12/08/2005
12/08/2005
12/08/2005 12/08/2005 12/13/2005 12/19/2005 12/20/2005
12/20/2005 12/20/2005 01/06/2006 01/10/2006 01/10/2006
01/16/2006 01/18/2006

37 (DISREGARD) PROOF OF SERVICE by defendant Spectrum Health Worth Home Care, Inc. of its Second Set of Consolidated Discovery Requests (Nelson, Matthew) Modified on 12/8/2005: see entry 38 for correction (elc). (Entered: 12/08/2005)
38 AMENDED PROOF OF SERVICE by defendant Spectrum Health Worth Home Care, Inc. re 37 correcting date of service of Defendant's Second Set of Consolidated Discovery Requests (Nelson, Matthew) Modified on 12/8/2005 to edit text (elc). (Entered: 12/08/2005)
39 NOTICE to take deposition of Diane Roberson by Spectrum Health Worth Home Care, Inc. (Nelson, Matthew) (Entered: 12/08/2005)
40 ORDER granting STIPULATION 36 ; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, mil) (Entered: 12/08/2005)
41 NOTICE to take deposition of Diane Roberson by Spectrum Health Worth Home Care, Inc. (Nelson, Matthew) (Entered: 12/13/2005)
42 CERTIFICATE OF SERVICE by intervenor-plaintiffs Kisha Childrey, Diane Wilson regarding Intervening Plaintiffs' Response to Defendant's First Set of Consolidated Discovery Requests (Drew, Stephen) (Entered: 12/19/2005)
43 REPLY to response to motion re 14 filed by Spectrum Health Worth Home Care, Inc. (Attachments: # 1 Affidavit of Lori Gibson# 2 Affidavit of Matthew T. Nelson# 3 Appendix Unpublished Case) (Nelson, Matthew) (Entered: 12/20/2005)
44 AFFIDAVIT of Matthew T. Nelson by defendant Spectrum Health Worth Home Care, Inc. (ldm, ) (Entered: 12/21/2005)
45 AFFIDAVIT of Lori L. Gibson by defendant Spectrum Health Worth Home Care, Inc. (ldm, ) (Entered: 12/21/2005)
46 NOTICE to take deposition of Kisha Childrey by Spectrum Health Worth Home Care, Inc. (Nelson, Matthew) (Entered: 01/06/2006)
47 FIRST MOTION to quash Deposition of Investigator Diane Roberson by plaintiff Equal Employment Opportunity Commission; (Klein, Tammy) (Entered: 01/10/2006)
48 BRIEF in support of 47 Motion to Quash Deposition filed by Equal Employment Opportunity Commission (Attachments: # 1 Exhibit Diane Roberson Affidavit Exhibit A# 2 Exhibit Tammy Klein Affidavit Exhibit B# 3 Exhibit Defendant's April 15th Letter Exhibit C# 4 Appendix EEOC v Mike Fink Corp. Appendix 1# 5 Appendix EEOC v Kaiser Foundation Health Plan Inc. Appendix 2) (Klein, Tammy) (Entered: 01/10/2006)
49 NOTICE to take deposition of Kisha Childrey by Spectrum Health Worth Home Care, Inc. (Nelson, Matthew) (Entered: 01/16/2006)
50 MOTION to compel Responses to Discovery Requests by defendant Spectrum Health Worth Home Care, Inc.; (Nelson, Matthew) (Entered: 01/18/2006)

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01/18/2006 01/18/2006 01/23/2006 01/24/2006 01/24/2006 01/27/2006
01/27/2006 01/30/2006
02/01/2006 02/01/2006
02/03/2006 02/03/2006

51 BRIEF in support of 50 Worth's Motion to Compel Responses to Discovery Requests filed by Spectrum Health Worth Home Care, Inc. (Attachments: # 1 Affidavit of Matthew T. Nelson# 2 Exhibit 1# 3 Exhibit 2) (Nelson, Matthew) (Entered: 01/18/2006)
52 RESPONSE in opposition re 47 EEOC's Motion to Quash the Deposition of Diane Roberson filed by Spectrum Health Worth Home Care, Inc. (Nelson, Matthew) (Entered: 01/18/2006)
53 CERTIFICATE OF SERVICE by intervenor-plaintiffs Kisha Childrey, Diane Wilson regarding Intervening Plaintiffs' First Set of Interrogatories and Request for Production of Documents Directed to Defendant (Drew, Stephen) (Entered: 01/23/2006)
54 RESPONSE in opposition re 14 Defendant's Motion for Summary Judgment as to the EEOC's Claims filed by Kisha Childrey, Diane Wilson (Attachments: # 1 Exhibit #1 (Memorandum Order)) (Drew, Stephen) (Entered: 01/24/2006)
55 BRIEF in support of 47 EEOC's Motion to Quash the Notice of Deposition of Diane Roberson filed by Kisha Childrey, Diane Wilson (Attachments: # 1 Exhibit #1 (Memorandum Order)) (Drew, Stephen) (Entered: 01/24/2006)
56 MOTION for leave to file Reply Briefby plaintiff Equal Employment Opportunity Commission with brief in support, certificate of service (Attachments: # 1 Proposed reply to Defendant's response to its motion to quash the deposition of Diane Roberson) (Klein, Tammy) Modified on 1/30/2006 to edit text (rlw, ). (Entered: 01/27/2006)
57 ATTORNEY APPEARANCE of Robert K. Dawkins on behalf of plaintiff Equal Employment Opportunity Commission with certificate of service (Dawkins, Robert) Modified on 1/30/2006 to edit text (rlw, ). (Entered: 01/27/2006)
58 MOTION for leave to file Supplemental Brief in Support of Worth's Motion to Compel Responses to Discovery Requests by defendant Spectrum Health Worth Home Care, Inc.; (Attachments: # 1 Exhibit A: Supplemental Brief in Support of Worth's Motion to Compel Responses to Discovery Requests# 2 Proposed Order) (Nelson, Matthew) (Entered: 01/30/2006)
59 REPLY to response to motion re 14 Motion for Summary Judgment filed by Spectrum Health Worth Home Care, Inc. (Attachments: # 1 Exhibit 1) (Nelson, Matthew) (Entered: 02/01/2006)
60 PROPOSED ORDER regarding 56 motion for leave to file a reply to the defendant's response to the commission's original motion to quash the deposition of investigator Diane Roberson by plaintiff Equal Employment Opportunity Commission (Klein, Tammy) Modified text on 2/1/2006 (acr, ). (Entered: 02/01/2006)
61 ORDER granting PROPOSED ORDER 60 ; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, sas) (Entered: 02/03/2006)
62 REPLY to response to motion re 47 to quash the deposition of investigator Diane Roberson filed by Equal Employment Opportunity Commission (rlw, ) (Entered: 02/03/2006)

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02/07/2006 02/07/2006 02/07/2006 02/08/2006
02/09/2006
02/13/2006 02/13/2006
02/13/2006 02/17/2006 02/22/2006 02/23/2006

63 STIPULATION granting extension of time to file response to Defendants Motion to Compel Discovery by plaintiff Equal Employment Opportunity Commission (Klein, Tammy) Modified text to remove reference to proposed order on 2/7/2006 (mbb, ). (Entered: 02/07/2006)
64 (DISREGARD) PROPOSED ORDER regarding granting extention of time to file Response to Defendants Motion to Compel Discovery by plaintiff Equal Employment Opportunity Commission (Klein, Tammy) Modified on 2/7/2006: incorrect document attached (elc). (Entered: 02/07/2006)
65 PROPOSED ORDER regarding Extension of time to file Response to Defendant's Motion to Compel Discovery by plaintiff Equal Employment Opportunity Commission (Klein, Tammy) (Entered: 02/07/2006)
66 PROPOSED STIPULATION and ORDER to Protect Confidential Information by plaintiff Equal Employment Opportunity Commission, intervenor-plaintiffs Kisha Childrey, Diane Wilson, defendant Spectrum Health Worth Home Care, Inc. (Attachments: # 1 Exhibit Confidentiality Agreement) (Nelson, Matthew) (Entered: 02/09/2006)
67 RESPONSE to motion re 66 EEOC Response to Defendant's Motion to Compel Discovery filed by Equal Employment Opportunity Commission (Attachments: # 1 Civil Cover Sheet Cover letter for A - E Exhibits# 2 Exhibit Tammy Klein Affidavit# 3 Exhibit E-mail asking for Defendant for extension# 4 Exhibit Defendant's December 22, 2005 letter# 5 Exhibit Certificate of Service for January 12, 2006# 6 Exhibit Ann Cooper E-mail# 7 Attachment Certificate of Service for Motion to Compel Discovery) (Klein, Tammy) (Entered: 02/09/2006)
68 ORDER granting STIPULATED PROTECTIVE ORDER 66 ; signed by Magistrate Judge Hugh W. Brenneman Jr. (Magistrate Judge Hugh W. Brenneman, Jr., fhw) (Entered: 02/13/2006)
69 CERTIFICATE OF SERVICE by intervenor-plaintiffs Kisha Childrey, Diane Wilson regarding Intervening Plaintiffs' Second Supplemental Response to Defendant's First Set of Consolidated Discovery Requests and Intervening Plaintiffs' Rule 26(a)(1)(B) and Rule 26(a)(1)(C) Disclosures and Supplemental Rule 26(a)(1)(A) Disclosures (Drew, Stephen) (Entered: 02/13/2006)
70 NOTICE cancelling STATUS CONFERENCE set for 2/22/06 at 2:30 p.m. (Judge Gordon J. Quist, mil) (Entered: 02/13/2006)
71 CERTIFICATE OF SERVICE by intervenor-plaintiffs Kisha Childrey, Diane Wilson regarding Intervening Plaintiffs' Second Request for Production of Documents Directed to Defendant (Drew, Stephen) (Entered: 02/17/2006)
72 PROOF OF SERVICE by defendant Spectrum Health Worth Home Care, Inc. Defendant's Responses to Intervening Plaintiffs' First Set of Requests for Production of Documents and Responses to Intervening Plaintiffs' First Set of Interrogatories (Nelson, Matthew) (Entered: 02/22/2006)
73 BRIEF in support of 50 filed by Spectrum Health Worth Home Care, Inc. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3) (Nelson, Matthew) (Entered: 02/23/2006)

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03/01/2006 03/02/2006 03/02/2006
03/07/2006 03/09/2006
03/16/2006 03/17/2006 03/23/2006 03/23/2006 03/24/2006 04/03/2006 04/10/2006 04/11/2006 04/11/2006 04/11/2006

74 ATTORNEY APPEARANCE of Ann M. Cooper on behalf of intervenor-plaintiffs Kisha Childrey, Diane Wilson (Cooper, Ann) (Entered: 03/01/2006)
75 OPINION; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt) (Entered: 03/02/2006)
76 ORDER granting 47 motion to quash, granting in part and denying in part 50 motion to compel, granting 58 motion for leave to file, denying 14 motion for summary judgment; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt) (Entered: 03/02/2006)
77 CERTIFICATE OF SERVICE by plaintiff Equal Employment Opportunity Commission First Set of Interrogatories and Request for Production of Documents (Klein, Tammy) (Entered: 03/07/2006)
78 PROOF OF SERVICE by defendant Spectrum Health Worth Home Care, Inc. for supplemental documents responsive to Intervening Plaintiffs' First Set of Requests for Production of Documents (Nelson, Matthew) Modified on 3/9/2006 to edit text (elc). (Entered: 03/09/2006)
79 PROOF OF SERVICE by defendant Spectrum Health Worth Home Care, Inc. Rule 26 Disclosure (Nelson, Matthew) (Entered: 03/16/2006)
80 PROOF OF SERVICE by defendant Spectrum Health Worth Home Care, Inc. of a Subpoena directed to the Grand Rapids Police Department upon Tammy C. Klein and Stephen R. Drew (Nelson, Matthew) (Entered: 03/17/2006)
81 PROOF OF SERVICE by defendant Spectrum Health Worth Home Care, Inc. of second supplemental documents responsive to intervening Plaintiffs' First Set of Requests for Production of Documents (Nelson, Matthew) (Entered: 03/23/2006)
82 PROOF OF SERVICE by defendant Spectrum Health Worth Home Care, Inc. Responses to Intervening Plaintiffs' Second Set of Requests for Production of Documents (Nelson, Matthew) (Entered: 03/23/2006)
83 NOTICE to take deposition of Diane Wilson by Spectrum Health Worth Home Care, Inc. (Nelson, Matthew) (Entered: 03/24/2006)
84 CERTIFICATE OF SERVICE by plaintiff Equal Employment Opportunity Commission Disclosure of Expert Witnesses (Klein, Tammy) (Entered: 04/03/2006)
85 NOTICE to take deposition of Diane Wilson by Spectrum Health Worth Home Care, Inc. (Nelson, Matthew) (Entered: 04/10/2006)
86 CERTIFICATE OF SERVICE by plaintiff Equal Employment Opportunity Commission Deposition Notice for Holly Anderson (Klein, Tammy) (Entered: 04/11/2006)
87 CERTIFICATE OF SERVICE by plaintiff Equal Employment Opportunity Commission Deposition for Jean Finkler (Klein, Tammy) (Entered: 04/11/2006)
88 CERTIFICATE OF SERVICE by plaintiff Equal Employment Opportunity Commission Deposition Notice for Nancy Hulst (Klein, Tammy) (Entered:

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04/11/2006 04/11/2006
04/11/2006 04/11/2006
04/13/2006 04/13/2006 04/13/2006 04/13/2006 04/18/2006 04/24/2006 05/01/2006 05/04/2006 05/04/2006

04/11/2006)
89 CERTIFICATE OF SERVICE by plaintiff Equal Employment Opportunity Commission Deposition Notice for Patricia Kimmel (Klein, Tammy) (Entered: 04/11/2006)
90 PROOF OF SERVICE by defendant Spectrum Health Worth Home Care, Inc. regarding Worth's Responses to EEOC's First Set of Requests for Production of Documents upon Tammy C. Klein and Stephen R. Drew (Nelson, Matthew) (Entered: 04/11/2006)
91 PROOF OF SERVICE by defendant Spectrum Health Worth Home Care, Inc. regarding Worth's Responses to EEOC's First Set of Interrogatories upon Tammy C. Klein and Stephen R. Drew (Nelson, Matthew) (Entered: 04/11/2006)
92 PROOF OF SERVICE by defendant Spectrum Health Worth Home Care, Inc. regarding Worth's First Supplemental Responses to Intervening Plaintiffs' Second Set of Requests for Production of Documents upon Tammy C. Klein and Stephen R. Drew (Nelson, Matthew) (Entered: 04/11/2006)
93 CERTIFICATE OF SERVICE by plaintiff Equal Employment Opportunity Commission First Amended Certificate of Service for Holly Anderson Deposition Notice (Klein, Tammy) (Entered: 04/13/2006)
94 CERTIFICATE OF SERVICE by plaintiff Equal Employment Opportunity Commission First Amended Certificate of Service for Jean Finkler Deposition Notice (Klein, Tammy) (Entered: 04/13/2006)
95 CERTIFICATE OF SERVICE by plaintiff Equal Employment Opportunity Commission First Amended Certificate of Service for Nancy Hulst Deposition Notice (Klein, Tammy) (Entered: 04/13/2006)
96 CERTIFICATE OF SERVICE by plaintiff Equal Employment Opportunity Commission First Amended Certificate of Service for Patricia Kimmell Deposition Notice (Klein, Tammy) (Entered: 04/13/2006)
97 NOTICE to take deposition of Diane Wilson (Re-notice) by Spectrum Health Worth Home Care, Inc. (Nelson, Matthew) (Entered: 04/18/2006)
98 PROOF OF SERVICE by defendant Spectrum Health Worth Home Care, Inc. regarding Defendant's Response to Intervening Plaintiffs' Third Request for Production of Documents (Nelson, Matthew) (Entered: 04/24/2006)
99 CERTIFICATE OF SERVICE by plaintiff Equal Employment Opportunity Commission Second Amended Notice of Deposition for Nancy Hulst (Klein, Tammy) (Entered: 05/01/2006)
100 PROOF OF SERVICE by defendant Spectrum Health Worth Home Care, Inc. regarding Defendant's Expert Witness Disclosure (Nelson, Matthew) (Entered: 05/04/2006)
101 NOTICE to take deposition of Christine Green by Spectrum Health Worth Home Care, Inc. (Nelson, Matthew) (Entered: 05/04/2006)

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05/10/2006 05/10/2006 05/11/2006 05/12/2006 05/12/2006
05/16/2006 05/26/2006 05/26/2006 05/30/2006 06/01/2006 06/05/2006 06/06/2006

102 CERTIFICATE OF SERVICE by intervenor-plaintiffs Kisha Childrey, Diane Wilson regarding Intervening Plaintiffs' Fourth Request for Production of Documents Directed to Defendant (Drew, Stephen) (Entered: 05/10/2006)
103 CERTIFICATE OF SERVICE by intervenor-plaintiffs Kisha Childrey, Diane Wilson regarding Intervening Plaintiffs' First Request for Admissions Directed to Defendant (Drew, Stephen) (Entered: 05/10/2006)
104 NOTICE to take continued deposition duces tecum of Pat Kimmel w/subpoena by Kisha Childrey and Diane Wilson (Drew, Stephen) text modified on 5/12/2006 (pjl) (Entered: 05/11/2006)
105 PROOF OF SERVICE for Subpoena directed to Christine Green to produce documents by defendant Spectrum Health Worth Home Care, Inc. (Nelson, Matthew) text modified on 5/12/2006 to clarify (pjl) (Entered: 05/12/2006)
106 STIPULATION and PROPOSED ORDER to Amend the Case Management Order by plaintiff Equal Employment Opportunity Commission, intervenor-plaintiffs Kisha Childrey, Diane Wilson, defendant Spectrum Health Worth Home Care, Inc. (Attachments: # 1 Attachment Proposed Order) (Sorensen, Paul) (Entered: 05/12/2006)
107 ORDER granting STIPULATION 106 , rescheduling settlement conference, final pretrial and trial dates ; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, mil) (Entered: 05/16/2006)
108 MOTION to compel discovery by intervenor-plaintiffs Kisha Childrey, Diane Wilson; (Attachments: # 1 Exhibit 1 - IPL 2nd RFP# 2 Exhibit 2 - DF Ans to IPL 2nd RFP) (Drew, Stephen) (Entered: 05/26/2006)
109 BRIEF in support of 108 Brief in Support of Intervening Plaintiffs' Motion to Compel Discovery filed by Kisha Childrey, Diane Wilson (Attachments: # 1 Proposed Order) (Drew, Stephen) (Entered: 05/26/2006)
110 NOTICE OF MOTION HEARING regarding document number 108 : responses due by 6/9/2006; motion hearing is set for 6/30/2006 at 10:00 AM at 584 Federal Building, Grand Rapids, MI before Magistrate Judge Hugh W. Brenneman Jr.; (Magistrate Judge Hugh W. Brenneman, Jr., fhw) (Entered: 05/30/2006)
111 ATTORNEY APPEARANCE of Kenneth L. Bird and Jo Ann Farnsworth on behalf of plaintiff Equal Employment Opportunity Commission with certificate of service (Bird, Kenneth) Modified on 6/2/2006 to edit text (rlw, ). (Entered: 06/01/2006)
112 ATTORNEY APPEARANCE of Jo Ann Farnsworth on behalf of plaintiff Equal Employment Opportunity Commission with certificate of service (Farnsworth, Jo Ann) Modified on 6/5/2006 to edit text (rlw, ). (Entered: 06/05/2006)
113 PROOF OF SERVICE by defendant Spectrum Health Worth Home Care, Inc. Defendant's Third Supplemental Documents Responsive to Intervening Plaintiffs' First Request for Production of Documents (Nelson, Matthew) (Entered: 06/06/2006)

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06/06/2006 06/07/2006 06/13/2006 06/13/2006 06/15/2006 06/15/2006
06/16/2006
06/21/2006 06/23/2006 06/23/2006 06/23/2006 06/27/2006 06/28/2006 06/29/2006

114 PROOF OF SERVICE by defendant Spectrum Health Worth Home Care, Inc. Defendant's Responses to Intervening Plaintiffs' Fourth Request for Production of Documents (Nelson, Matthew) (Entered: 06/06/2006)
115 NOTICE of Withdrawal of Counsel by plaintiff Equal Employment Opportunity Commission (Rapport, Adele) (Entered: 06/07/2006)
116 PROOF OF SERVICE by defendant Spectrum Health Worth Home Care, Inc. Defs' 2nd Supp Documents to Int Pls' 2nd Req for Prod (Nelson, Matthew) (Entered: 06/13/2006)
117 PROOF OF SERVICE by defendant Spectrum Health Worth Home Care, Inc. Defs' Resp to Intv Pls' 1st Req for Admissions (Nelson, Matthew) (Entered: 06/13/2006)
118 MOTION to quash Ten Subpoenas For Telephone Records And, In The Alternative, For Modification Of Subpoenas by intervenor-plaintiffs Kisha Childrey, Diane Wilson; (Drew, Stephen) (Entered: 06/15/2006)
119 BRIEF in support of 118 Intervening Plaintiffs Kisha Childrey and Diane Wilson's Brief in Support of Their Motion to Quash Ten Subpoenas for Telephone Records And, in the Alternative, For Modification of Subpoenas filed by Kisha Childrey, Diane Wilson (Attachments: # 1 Proposed Order) (Drew, Stephen) (Entered: 06/15/2006)
120 NOTICE OF MOTION HEARING regarding document number 118 : responses due by 6/29/2006; motion hearing is set for 6/30/2006 at 10:00 AM at 584 Federal Building, Grand Rapids, MI before Magistrate Judge Hugh W. Brenneman Jr.; (Magistrate Judge Hugh W. Brenneman, Jr., fhw) (Entered: 06/16/2006)
121 ORDER denying as moot 108 motion to compel and cancelling 6/30/2006 hearing as to that motion only ; signed by Magistrate Judge Hugh W. Brenneman Jr. (Magistrate Judge Hugh W. Brenneman, Jr., fhw) (Entered: 06/21/2006)
122 NOTICE to take deposition of Nancy Hulst (continued video deposition) by Kisha Childrey, Diane Wilson (Drew, Stephen) (Entered: 06/23/2006)
123 NOTICE to take deposition of Pat Kimmel (re-notice to take video deposition duces tecum) by Kisha Childrey, Diane Wilson (Drew, Stephen) (Entered: 06/23/2006)
124 NOTICE to take deposition of Rachel Keyzer (video deposition duces tecum) by Kisha Childrey, Diane Wilson (Drew, Stephen) (Entered: 06/23/2006)
125 NOTICE to take deposition of Christine Green by Spectrum Health Worth Home Care, Inc. (Nelson, Matthew) (Entered: 06/27/2006)
126 PROOF OF SERVICE by defendant Spectrum Health Worth Home Care, Inc. of the Notice of Independent Medical Examination of Diane Wilson (Nelson, Matthew) (Entered: 06/28/2006)
127 RESPONSE to motion re 118 brief in opposition to intervenors' motion to quash filed by Spectrum Health Worth Home Care, Inc. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Attachment Unpublished Case) (Nelson, Matthew) Modified text on 6/30/2006 (acr, ). (Entered: 06/29/2006)

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https://ecf.miwd.uscourts.gov/cgi-bin/DktRpt.pl?931395680077536-L_...

06/29/2006 06/30/2006
06/30/2006 06/30/2006 07/03/2006 07/07/2006 07/24/2006 07/24/2006 07/26/2006 07/26/2006 07/26/2006 07/26/2006 08/11/2006 08/15/2006

128 SEALED EXHIBITS A & B re 127 brief in opposition to intervenors' motion to quash ten subpoenas by defendant Spectrum Health Worth Home Care, Inc. (elc, ) Modified on 6/29/2006 to edit text (elc). (Entered: 06/29/2006)
129 MINUTES before Magistrate Judge Hugh W. Brenneman Jr.: motion hearing held re 118 MOTION to quash Ten Subpoenas For Telephone Records And, In The Alternative, For Modification Of Subpoenas filed by Intervenor-Plaintiffs Kisha Childrey and Diane Wilson; parties have resolved the issue; order will issue by the court (Proceedings Digitally Recorded) (Magistrate Judge Hugh W. Brenneman, Jr., ddk) (Entered: 06/30/2006)
130 ORDER denying as moot 118 motion to quash; signed by Magistrate Judge Hugh W. Brenneman Jr. (Magistrate Judge Hugh W. Brenneman, Jr., fhw) (Entered: 06/30/2006)
131 PROOF OF SERVICE by defendant Spectrum Health Worth Home Care, Inc. of Defendant's Supplemental Responses to Intervening Plaintiffs' Fourth Request for Production of Documents (Nelson, Matthew) (Entered: 06/30/2006)
Copy of Order on Motion to Quash 130 sent via U.S. Mail to Brian K. Lawson (acr, ) (Entered: 07/03/2006)
132 PROOF OF SERVICE by defendant Spectrum Health Worth Home Care, Inc. Notice of Independent Medical Examination of Kisha Childrey (Nelson, Matthew) (Entered: 07/07/2006)
133 PROOF OF SERVICE by defendant Spectrum Health Worth Home Care, Inc. re Subpoena to Best Care (Nelson, Matthew) (Entered: 07/24/2006)
134 NOTICE to take deposition of Christine Green by Spectrum Health Worth Home Care, Inc. (Attachments: # 1 Attachment Subpoena) (Nelson, Matthew) (Entered: 07/24/2006)
135 PROOF OF SERVICE by plaintiff Equal Employment Opportunity Commission (Farnsworth, Jo Ann) (Entered: 07/26/2006)
136 PROOF OF SERVICE by defendant Spectrum Health Worth Home Care, Inc. Subpoena to Best Care Nursing Services (Nelson, Matthew) (Entered: 07/26/2006)
137 PROOF OF SERVICE by defendant Spectrum Health Worth Home Care, Inc. Subpoena to Christine Green (Nelson, Matthew) (Entered: 07/26/2006)
138 PROOF OF SERVICE by defendant Spectrum Health Worth Home Care, Inc. 2d Sup Resp to Intervng Pl 4th Doc Req on Farnsworth & Drew (Nelson, Matthew) (Entered: 07/26/2006)
139 PROOF OF SERVICE by plaintiff Equal Employment Opportunity Commission (Bird, Kenneth) (Entered: 08/11/2006)
140 CERTIFICATE OF SERVICE by intervenor-plaintiffs Kisha Childrey, Diane Wilson regarding Expert Report and Psychological Evaluation of Kisha Childrey by Dr. Don Van Ostenberg dated August 8, 2006 with Curriculum Vitae (Drew, Stephen) (Entered: 08/15/2006)

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https://ecf.miwd.uscourts.gov/cgi-bin/DktRpt.pl?931395680077536-L_...

08/15/2006 08/21/2006 08/21/2006
08/22/2006 08/28/2006
09/12/2006 09/14/2006
09/15/2006 09/15/2006 09/15/2006 09/19/2006
09/19/2006 09/19/2006 09/20/2006 09/20/2006 09/21/2006

141 PROOF OF SERVICE by defendant Spectrum Health Worth Home Care, Inc. re Subpoenas to doctors (Nelson, Matthew) (Entered: 08/15/2006)
142 PROOF OF SERVICE by plaintiff Equal Employment Opportunity Commission (Farnsworth, Jo Ann) (Entered: 08/21/2006)
143 CERTIFICATE OF SERVICE by intervenor-plaintiffs Kisha Childrey, Diane Wilson regarding Intervening Plaintiffs' Third Supplemental Response to Defendant's First Set of Discovery Requests (Drew, Stephen) (Entered: 08/21/2006)
144 NOTICE to take deposition of Christine Green by Spectrum Health Worth Home Care, Inc. (Nelson, Matthew) (Entered: 08/22/2006)
145 PROOF OF SERVICE by defendant Spectrum Health Worth Home Care, Inc. Defendant's Responses to EEOC's Second Request for Production of Documents (Nelson, Matthew) (Entered: 08/28/2006)
146 NOTICE to take deposition of Dr. Donald Van Ostenburg by Spectrum Health Worth Home Care, Inc. (Nelson, Matthew) (Entered: 09/12/2006)
147 CERTIFICATE OF SERVICE by intervenor-plaintiffs Kisha Childrey, Diane Wilson regarding Intervening Plaintiffs' Fifth Request for Production of Documents Directed to Defendant (Drew, Stephen) (Entered: 09/14/2006)
148 NOTICE of deposition of Mae Keller by defendant Spectrum Health Worth Home Care, Inc. (Nelson, Matthew) (Entered: 09/15/2006)
149 NOTICE to take deposition of Elissa Benedek by Spectrum Health Worth Home Care, Inc. (Nelson, Matthew) (Entered: 09/15/2006)
150 PROOF OF SERVICE by defendant Spectrum Health Worth Home Care, Inc. regarding expert reports (Nelson, Matthew) (Entered: 09/15/2006)
151 PROPOSED STIPULATION and ORDER regarding the testimony and documents produced during any deposition of any Best Care Nursing employee by intervenor-plaintiffs Kisha Childrey, Diane Wilson (Drew, Stephen) (Entered: 09/19/2006)
152 NOTICE to take deposition of Elissa Benedek by Spectrum Health Worth Home Care, Inc. (Nelson, Matthew) (Entered: 09/19/2006)
153 NOTICE to take deposition of Mae Keller by Spectrum Health Worth Home Care, Inc. (Nelson, Matthew) (Entered: 09/19/2006)
154 NOTICE to take deposition of Tonia Boluyt (duces tecum) by Kisha Childrey, Diane Wilson (Drew, Stephen) (Entered: 09/20/2006)
155 NOTICE to take deposition of Deanna Cronk (duces tecum) by Kisha Childrey, Diane Wilson (Drew, Stephen) (Entered: 09/20/2006)
156 ORDER granting STIPULATION 151 ; signed by Magistrate Judge Hugh W. Brenneman Jr. (Magistrate Judge Hugh W. Brenneman, Jr., fhw) (Entered: 09/21/2006)

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https://ecf.miwd.uscourts.gov/cgi-bin/DktRpt.pl?931395680077536-L_...

09/22/2006 09/27/2006 09/27/2006 09/27/2006 09/29/2006
10/09/2006 10/11/2006 10/11/2006 10/12/2006 10/17/2006 10/17/2006 10/17/2006 10/19/2006

157 CERTIFICATE OF SERVICE by intervenor-plaintiffs Kisha Childrey, Diane Wilson regarding Intervening Plaintiffs' Sixth Request for Production of Documents Directed to Defendant (Drew, Stephen) (Entered: 09/22/2006)
158 MOTION to quash Intervening Plaintiffs' Subpoenas for Telephone Records by defendant Spectrum Health Worth Home Care, Inc.; (Nelson, Matthew) (Entered: 09/27/2006)
159 BRIEF in support of 158 of Motion to Quash Intervening Plaintiffs' Subpoenas for Telephone Records filed by Spectrum Health Worth Home Care, Inc. (Nelson, Matthew) (Entered: 09/27/2006)
160 EXHIBIT re 159 Exhibits to Defendant's Motion to Quash Intervening Plaintiffs' Subpoenas for Telephone Records by defendant Spectrum Health Worth Home Care, Inc. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E) (Nelson, Matthew) (Entered: 09/27/2006)
161 NOTICE OF MOTION HEARING regarding document number 158 : responses due by 10/11/2006; motion hearing is set for 11/9/2006 at 11:00 AM at 584 Federal Building, Grand Rapids, MI before Magistrate Judge Hugh W. Brenneman Jr.; (Magistrate Judge Hugh W. Brenneman, Jr., fhw) (Entered: 09/29/2006)
162 PROOF OF SERVICE by defendant Spectrum Health Worth Home Care, Inc. Designation of Confidential Information (Nelson, Matthew) (Entered: 10/09/2006)
163 PROPOSED CONSENT DECREE by plaintiff Equal Employment Opportunity Commission (Attachments: # 1 Proposed Order) (Farnsworth, Jo Ann) (Entered: 10/11/2006)
164 NOTICE re 158 OF WITHDRAWAL OF MOTION TO QUASH by defendant Spectrum Health Worth Home Care, Inc. (Nelson, Matthew) (Entered: 10/11/2006)
165 NOTICE to take deposition of Nathaniel Smith by Spectrum Health Worth Home Care, Inc. (Attachments: # 1 Exhibit Subpoena in a Civil Case) (Nelson, Matthew) (Entered: 10/12/2006)
166 PROOF OF SERVICE by defendant Spectrum Health Worth Home Care, Inc. Defendant's Third Set of Consolidated Discovery Requests (Nelson, Matthew) (Entered: 10/17/2006)
167 PROOF OF SERVICE by defendant Spectrum Health Worth Home Care, Inc. Defendant's Response to Intervening Plaintiffs' 5th Request for Production of Documents (Nelson, Matthew) (Entered: 10/17/2006)
168 PROOF OF SERVICE by defendant Spectrum Health Worth Home Care, Inc. Defendant's Responses to Intervening Plaintiffs' Sixth Request for Production of Documents (Nelson, Matthew) (Entered: 10/17/2006)
169 PROOF OF SERVICE by defendant Spectrum Health Worth Home Care, Inc. of Subpoenas to Dr. Benedek, Dr. Keller and Dr. Van Ostenberg (Nelson, Matthew) (Entered: 10/19/2006)

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https://ecf.miwd.uscourts.gov/cgi-bin/DktRpt.pl?931395680077536-L_...

10/19/2006 10/20/2006 10/23/2006 10/24/2006 10/24/2006 10/24/2006 10/24/2006 10/25/2006 10/25/2006
10/27/2006
10/30/2006 11/01/2006 11/01/2006 11/02/2006

170 CERTIFICATE OF SERVICE by intervenor-plaintiffs Kisha Childrey, Diane Wilson regarding Subpoena for Telephone Records Directed to SBC/AT&T (Drew, Stephen) (Entered: 10/19/2006)
171 NOTICE to take deposition of Donald Van Ostenburg by Spectrum Health Worth Home Care, Inc. (Nelson, Matthew) (Entered: 10/20/2006)
172 CONSENT DECREE 163 ; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, mil) Modified on 11/27/2006 to edit text (elc, ). (Entered: 10/23/2006)
173 NOTICE to take deposition of Mae F. Keller by Spectrum Health Worth Home Care, Inc. (Nelson, Matthew) (Entered: 10/24/2006)
174 NOTICE to take deposition of Elissa Benedek by Spectrum Health Worth Home Care, Inc. (Nelson, Matthew) (Entered: 10/24/2006)
175 NOTICE to take deposition of Tonia Boluyt (re-notice of taking deposition duces tecum) by Kisha Childrey, Diane Wilson (Drew, Stephen) (Entered: 10/24/2006)
176 NOTICE to take deposition of Deanna Cronk (re-notice of taking deposition duces tecum) by Kisha Childrey, Diane Wilson (Drew, Stephen) (Entered: 10/24/2006)
177 FIRST MOTION to compel Discovery Responses from Intervening Plaintiffs by defendant Spectrum Health Worth Home Care, Inc.; (Nelson, Matthew) (Entered: 10/25/2006)
178 BRIEF in support of 177 Defendant's First Motion to Compel Discovery Responses from Intervening Plaintiffs filed by Spectrum Health Worth Home Care, Inc. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Appendix Unpublished Cases) (Nelson, Matthew) (Entered: 10/25/2006)
179 NOTICE OF MOTION HEARING regarding document number 177 : responses due by 11/8/2006; motion hearing is set for 11/27/2006 at 10:30 AM at 584 Federal Building, Grand Rapids, MI before Magistrate Judge Hugh W. Brenneman Jr.; (Magistrate Judge Hugh W. Brenneman, Jr., fhw) (Entered: 10/27/2006)
180 NOTICE Regarding Attorney Tammy Klein with certificate of service by plaintiff Equal Employment Opportunity Commission (Farnsworth, Jo Ann) Modified text on 10/30/2006 (rlw, ). (Entered: 10/30/2006)
181 (DISREGARD) NOTICE to take deposition of Elissa Benedek by Spectrum Health Worth Home Care, Inc. (Nelson, Matthew) Modified on 11/1/2006 to show document replaced by #182 (ldm) (Entered: 11/01/2006)
182 NOTICE to take deposition of Elissa Benedek by Spectrum Health Worth Home Care, Inc. (Nelson, Matthew) (Entered: 11/01/2006)
183 CERTIFICATE OF SERVICE by intervenor-plaintiffs Kisha Childrey, Diane Wilson regarding Intervening Plaintiffs' Third Set of Interrogatories, Ninth Request for Production of Documents, and Fourth Request for Admissions Directed to Defendant (Drew, Stephen) (Entered: 11/02/2006)

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United States District Court for the Western District of Michigan

https://ecf.miwd.uscourts.gov/cgi-bin/DktRpt.pl?931395680077536-L_...

11/02/2006 11/02/2006
11/02/2006 11/02/2006
11/03/2006 11/07/2006 11/08/2006 11/08/2006 11/08/2006 11/08/2006
11/13/2006
11/13/2006
11/13/2006

184 NOTICE to take deposition of Pamela Dann (duces tecum) by Kisha Childrey, Diane Wilson (Drew, Stephen) (Entered: 11/02/2006)
185 CERTIFICATE OF SERVICE by intervenor-plaintiffs Kisha Childrey, Diane Wilson regarding Intervening Plaintiffs' Second Set of Interrogatories and Second Request for Admissions to Defendant (Drew, Stephen) (Entered: 11/02/2006)
186 CERTIFICATE OF SERVICE by intervenor-plaintiffs Kisha Childrey, Diane Wilson regarding Intervening Plaintiffs' Seventh Request for Production of Documents Directed to Defendant (Drew, Stephen) (Entered: 11/02/2006)
187 CERTIFICATE OF SERVICE by intervenor-plaintiffs Kisha Childrey, Diane Wilson regarding Intervening Plaintiffs' Eighth Request for Production and Third Request for Admissions to Defendant (Drew, Stephen) (Entered: 11/02/2006)
188 PROOF OF SERVICE by defendant Spectrum Health Worth Home Care, Inc. Defendant's Fourth Set of Consolidated Discovery Requests (Nelson, Matthew) (Entered: 11/03/2006)
189 PROOF OF SERVICE by defendant Spectrum Health Worth Home Care, Inc. Regarding Subpoenas Duces Tecum (Nelson, Matthew) (Entered: 11/07/2006)
190 PROOF OF SERVICE by defendant Spectrum Health Worth Home Care, Inc. Regarding Subpoenas Duces Tecum (Nelson, Matthew) (Entered: 11/08/2006)
191 PROOF OF SERVICE by defendant Spectrum Health Worth Home Care, Inc. Regarding Defendant's Response to Intervening Plaintiffs' First Interrogatories (Nelson, Matthew) (Entered: 11/08/2006)
192 PROOF OF SERVICE by defendant Spectrum Health Worth Home Care, Inc. Regarding Defendant's Response to EEOC's First Interrogatories (Nelson, Matthew) (Entered: 11/08/2006)
193 RESPONSE in opposition re 177 Intervening Plaintiffs' Brief in Opposition to Defendant's First Motion to Compel Discovery Responses from Intervening Plaintiffs filed by Kisha Childrey, Diane Wilson (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C) (Drew, Stephen) (Entered: 11/08/2006)
194 PROOF OF SERVICE by defendant Spectrum Health Worth Home Care, Inc. Defendant's Response to Intervening Plaintiffs' Request for Production of Documents Provided to Expert Rosalind E. Griffin, M.D. (Nelson, Matthew) (Entered: 11/13/2006)
195 CERTIFICATE OF SERVICE by intervenor-plaintiffs Kisha Childrey, Diane Wilson regarding Intervening Plaintiffs' Fourth Supplemental Response to Defendant's First Set of Consolidated Discovery Requests (Drew, Stephen) (Entered: 11/13/2006)
196 PROOF OF SERVICE by defendant Spectrum Health Worth Home Care, Inc. regarding subpoenas directed to St. Mary's Hospital and Dr. Michael Makedonsky (Nelson, Matthew) (Entered: 11/13/2006)

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https://ecf.miwd.uscourts.gov/cgi-bin/DktRpt.pl?931395680077536-L_...

11/14/2006 11/15/2006 11/16/2006 11/16/2006 11/17/2006 11/17/2006 11/22/2006 11/22/2006 11/27/2006 11/27/2006 11/27/2006
11/27/2006

197 SELECTION of Scott S. Brinkmeyer as facilitative mediator by intervenor-plaintiffs Kisha Childrey, Diane Wilson (Drew, Stephen) (Entered: 11/14/2006)
198 NOTICE of appointment of Facilitative Mediator Scott S. Brinkmeyer; plaintiff's VFM fee to be submitted by 11/27/2006; defendant's VFM fee to be submitted by 11/27/2006 (ADR Administrator, mjs) (Entered: 11/15/2006)
199 CERTIFICATE OF SERVICE by intervenor-plaintiffs Kisha Childrey, Diane Wilson regarding Intervening Plaintiffs' Response to Defendant's Third Set of Consolidated Discovery Requests (Drew, Stephen) (Entered: 11/16/2006)
200 CERTIFICATE OF SERVICE by intervenor-plaintiffs Kisha Childrey, Diane Wilson regarding Intervening Plaintiffs' Sixth Supplemental Response to Defendant's First Set of Consolidated Discovery Requests (Drew, Stephen) (Entered: 11/16/2006)
201 SECOND MOTION to compel discovery by intervenor-plaintiffs Kisha Childrey, Diane Wilson; (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4) (Drew, Stephen) (Entered: 11/17/2006)
202 BRIEF in support of 201 Intervening Plaintiffs' Second Motion to Compel Discovery filed by Kisha Childrey, Diane Wilson (Attachments: # 1 Exhibit 5# 2 Exhibit 6# 3 Exhibit 7# 4 Exhibit 8# 5 Exhibit 9# 6 Proposed Order) (Drew, Stephen) (Entered: 11/17/2006)
VFM FEE RECEIVED in the amount of $25.00, check number 31134 as to intervenor-plaintiffs Kisha Childrey, Diane Wilson (ADR Administrator, mjs) (Entered: 11/22/2006)
VFM FEE RECEIVED in the amount of $25.00, check number 393314 as to defendant Spectrum Health Worth Home Care, Inc. (ADR Administrator, mjs) (Entered: 11/22/2006)
203 MOTION for protective order Preventing the Deposition of Dr. Stephen Bloom by defendant Spectrum Health Worth Home Care, Inc.; (Nelson, Matthew) (Entered: 11/27/2006)
204 BRIEF in support of 203 Motion for a Protective Order Preventing the Deposition of Dr. Stephen Bloom filed by Spectrum Health Worth Home Care, Inc. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C) (Nelson, Matthew) (Entered: 11/27/2006)
205 MINUTES of motion hearing re 177 FIRST MOTION to compel Discovery Responses from Intervening Plaintiffs filed by deft Spectrum Health Worth Home Care, Inc., held before Magistrate Judge Hugh W. Brenneman Jr. (Proceedings Digitally Recorded) (Magistrate Judge Hugh W. Brenneman, Jr., ddk) (Entered: 11/27/2006)
206 PROOF OF SERVICE by defendant Spectrum Health Worth Home Care, Inc. Responses to Intervening Plaintiffs' Seventh Request for Production of Documents, Defendant Spectrum Health Worth Home Care, Inc.'s Responses to Intervening Plaintiffs' Third Set of Interrogatories, and Defendant Spectrum Health Worth Home Care, Inc.'s Response to Intervening Plaintiffs' Second

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https://ecf.miwd.uscourts.gov/cgi-bin/DktRpt.pl?931395680077536-L_...

11/28/2006
11/28/2006 11/28/2006 11/29/2006 11/29/2006 11/30/2006
11/30/2006 11/30/2006 11/30/2006 11/30/2006 11/30/2006
11/30/2006 12/01/2006

Request for Admissions (Nelson, Matthew) (Entered: 11/27/2006)
207 NOTICE OF MOTION HEARING regarding document number 201 : responses due by 12/1/2006; motion hearing is set for 12/15/2006 at 09:00 AM at 584 Federal Building, Grand Rapids, MI before Magistrate Judge Hugh W. Brenneman Jr.; (Magistrate Judge Hugh W. Brenneman, Jr., fhw) (Entered: 11/28/2006)
208 ORDER granting 177 motion to compel ; signed by Magistrate Judge Hugh W. Brenneman Jr. (Magistrate Judge Hugh W. Brenneman, Jr., fhw) (Entered: 11/28/2006)
209 PROTECTIVE ORDER 203 : 12/1/2006 deposition is cancelled and Dr. Bloom shall be deposed by 1/15/2007; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt) (Entered: 11/28/2006)
210 THIRD MOTION to compel discovery by intervenor-plaintiffs Kisha Childrey, Diane Wilson; (Attachments: # 1 Exhibit 1# 2 Exhibit 2) (Drew, Stephen) (Entered: 11/29/2006)
211 BRIEF in support of 210 Intervening Plaintiffs' Third Motion to Compel Discovery filed by Kisha Childrey, Diane Wilson (Attachments: # 1 Proposed Order) (Drew, Stephen) (Entered: 11/29/2006)
212 NOTICE OF MOTION HEARING regarding document number 210 : responses due by 12/13/2006; motion hearing is set for 12/15/2006 at 09:00 AM at 584 Federal Building, Grand Rapids, MI before Magistrate Judge Hugh W. Brenneman Jr.; (Magistrate Judge Hugh W. Brenneman, Jr., fhw) (Entered: 11/30/2006)
213 NOTICE to take deposition of Dr. Mae F. Keller by Spectrum Health Worth Home Care, Inc. (Nelson, Matthew) (Entered: 11/30/2006)
214 NOTICE to take deposition of Dr. Elissa Benedek by Spectrum Health Worth Home Care, Inc. (Nelson, Matthew) (Entered: 11/30/2006)
215 NOTICE to take deposition of Dr. Mae F. Keller by Spectrum Health Worth Home Care, Inc. (Nelson, Matthew) (Entered: 11/30/2006)
216 SECOND MOTION to compel Plaintiffs' Responses to Defendant's Third Set of Consolidated Discovery Requests by defendant Spectrum Health Worth Home Care, Inc.; (Kilby, Gregory) (Entered: 11/30/2006)
217 BRIEF in support of 216 Second Motion to Compel Plaintiffs' Responses to Defendant's Third Set of Consolidated Discovery Requests filed by Spectrum Health Worth Home Care, Inc. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D) (Kilby, Gregory) (Entered: 11/30/2006)
218 NOTICE to take deposition of Dr. Stephen Bloom duces tecum (re-notice) by Kisha Childrey, Diane Wilson (Drew, Stephen) (Entered: 11/30/2006)
219 NOTICE to take deposition of Dr. Stephen Bloom duces tecum (second re-notice) by Kisha Childrey, Diane Wilson (Drew, Stephen) (Entered: 12/01/2006)

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12/01/2006 12/04/2006
12/04/2006 12/05/2006 12/07/2006 12/07/2006 12/08/2006 12/08/2006 12/11/2006 12/13/2006

220 RESPONSE in opposition re 201 Intervenors' Second Motion to Compel Discovery filed by Spectrum Health Worth Home Care, Inc. (Attachments: # 1 Exhibit A) (Kilby, Gregory) (Entered: 12/01/2006)
221 PROOF OF SERVICE by defendant Spectrum Health Worth Home Care, Inc. Responses to Intervening Plaintiffs' Eighth Request for Production of Documents, Responses to Intervening Plaintiffs' Third Request for Admissions, Responses to Intervening Plaintiffs' Ninth Request for Production of Documnts, Resposnes to Intervening Plaintiffs' Fourth Request for Admissions, Responses to Intervening Plaintiffs' Third Set of Interrogatories and Supplemental Response to Intervening Plaintiffs' Fifth Request for Production of Documents (Nelson, Matthew) (Entered: 12/04/2006)
222 PROOF OF SERVICE by defendant Spectrum Health Worth Home Care, Inc. Responses to Intervening Plaintiffs' Seventh Request for Production of Documents, Responses to Intervening Plaintiffs' Second Set of Interrogatories and Response to Intervening Plaintiffs' Second Request for Admissions (Nelson, Matthew) (Entered: 12/04/2006)
223 NOTICE OF MOTION HEARING regarding document number 216 : responses due by 12/14/2006; motion hearing is set for 12/15/2006 at 09:00 AM at 584 Federal Building, Grand Rapids, MI before Magistrate Judge Hugh W. Brenneman Jr.; (Magistrate Judge Hugh W. Brenneman, Jr., fhw) (Entered: 12/05/2006)
224 FOURTH MOTION to compel discovery by intervenor-plaintiffs Kisha Childrey, Diane Wilson; (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3) (Drew, Stephen) (Entered: 12/07/2006)
225 BRIEF in support of 224 Intervening Plaintiffs' Fourth Motion to Compel Discovery filed by Kisha Childrey, Diane Wilson (Attachments: # 1 Dep Transcript - Deanna Cronk# 2 Dep Transcript - Julia Harris# 3 Dep Transcript Nancy Hulst# 4 Proposed Order) (Drew, Stephen) (Entered: 12/07/2006)
226 OBJECTION re 208 Intervening Plaintiffs' Objections In Part to Magistrate Brenneman's Order Dated November 28, 2006 Granting Defendant's First Motion to Compel by intervenor-plaintiffs Kisha Childrey, Diane Wilson (Drew, Stephen) (Entered: 12/08/2006)
227 BRIEF by intervenor-plaintiffs Kisha Childrey, Diane Wilson Brief in Support of Intervening Plaintiffs' Objections In Part to Magistrate Brenneman's Order Dated November 28, 2006 Granting Defendant's First Motion to Compel (Attachments: # 1 Affidavit of Stephen R. Drew# 2 Proposed Order) (Drew, Stephen) (Entered: 12/08/2006)
228 NOTICE OF MOTION HEARING regarding document number 224 intervening plaintiffs' fourth motion to compel discovery: responses due by 12/21/2006; motion hearing is set for 1/16/2007 at 09:30 AM at 584 Federal Building, Grand Rapids, MI before Magistrate Judge Hugh W. Brenneman Jr.; (Magistrate Judge Hugh W. Brenneman, Jr., fhw) (Entered: 12/11/2006)
229 PROPOSED STIPULATION and ORDER regarding Defendant's Second Motion to Compel by intervenor-plaintiffs Kisha Childrey, Diane Wilson (Drew, Stephen)

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https://ecf.miwd.uscourts.gov/cgi-bin/DktRpt.pl?931395680077536-L_...

12/13/2006 12/14/2006 12/14/2006 12/15/2006
12/18/2006 12/18/2006 12/26/2006 01/03/2007 01/03/2007 01/16/2007 01/16/2007

(Entered: 12/13/2006)
230 RESPONSE in opposition re 210 Intervenors' Third Motion to Compel filed by Spectrum Health Worth Home Care, Inc. (Nelson, Matthew) (Entered: 12/13/2006)
231 ORDER granting STIPULATION 229 re: 216 ; terming as moot 216 motion to compel ; signed by Magistrate Judge Hugh W. Brenneman Jr. (Magistrate Judge Hugh W. Brenneman, Jr., fhw) (Entered: 12/14/2006)
232 TRANSCRIPT of Defendant's First Motion to Compel Discovery held November 27, 2006 before Hon. Hugh W. Brenneman, Mag. Judge (Transcriptionist: Pritchard, Pat) (Entered: 12/14/2006)
234 MINUTES of motion hearing held before Magistrate Judge Hugh W. Brenneman Jr. re 201 SECOND MOTION to compel discovery, 210 THIRD MOTION to compel discovery, 224 FOURTH MOTION to compel discovery filed by Intervening Plaintiffs Kisha Childrey and Diane Wilson; order to issue by the court (Proceedings Digitally Recorded) (Magistrate Judge Hugh W. Brenneman, Jr., ddk) (Entered: 12/18/2006)
233 ORDER denying 201 motion to compel, denying 210 motion to compel, finding as moot 224 motion to compel ; signed by Magistrate Judge Hugh W. Brenneman Jr. (Magistrate Judge Hugh W. Brenneman, Jr., fhw) (Entered: 12/18/2006)
235 REPORT of facilitative mediation held 12/14/2006; mediation is Continuing; next hearing to be held tentatively 2007 (Brinkmeyer, Scott) (Entered: 12/18/2006)
236 REPLY to objection to 226 Magistrate Judge Brenneman's Order Dated November 28, 2006, by defendant Spectrum Health Worth Home Care, Inc. (Nelson, Matthew) (Entered: 12/26/2006)
237 PROOF OF SERVICE by defendant Spectrum Health Worth Home Care, Inc. Second Supplemental Response to Intervening Plaintiffs' Fifth Request for Production of Documents (Nelson, Matthew) (Entered: 01/03/2007)
238 NOTICE of Withdrawal of Counsel by intervenor-plaintiffs Kisha Childrey, Diane Wilson (Cooper, Ann) (Entered: 01/03/2007)
239 MOTION to compel Intervening Plaintiffs' Consolidated Motion to Compel Discovery of Relevant Financial and Business Records by intervenor-plaintiffs Kisha Childrey, Diane Wilson; (Drew, Stephen) (Entered: 01/16/2007)
240 MOTION for leave to file excess pages regarding Intervening Plaintiffs' Brief in Support of Consolidated Motion to Compel Discovery of Relevant Financial and Business Records in excess of ten (10) pages by intervenor-plaintiffs Kisha Childrey, Diane Wilson; (Attachments: # 1 Proposed Order Order to File Brief in Excess# 2 Proposed Document Brief in Support of Intervening Plaintiffs' Consolidated Motion to Compel Discovery of Relevant Financial and Business Records# 3 Attachment 1 to Brief in Support of Consolidated Motion to Compel# 4 Attachment 2 to Brief in Support of Consolidated Motion to Compel# 5 Attachment 3 to Brief in Support of Consolidated Motion to Compel# 6 Attachment 4 to Brief in Support of Consolidated Motion to Compel# 7 Attachment 5 to Brief in Support of Consolidated Motion to Compel# 8

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01/17/2007 01/17/2007 01/17/2007
01/25/2007 01/29/2007

Attachment 6 to Brief in Support of Consolidated Motion to Compel# 9 Attachment 7 to Brief in Support of Consolidated Motion to Compel# 10 Attachment 8 to Brief in Support of Consolidated Motion to Compel# 11 Attachment 9 to Brief in Support of Consolidated Motion to Compel# 12 Attachment 10 to Brief in Support of Consolidated Motion to Compel# 13 Attachment 11 to Brief in Support of Consolidated Motion to Compel# 14 Attachment 12 to Brief in Support of Consolidated Motion to Compel# 15 Attachment 13 to Brief in Support of Consolidated Motion to Compel# 16 Attachment 14 to Brief in Support of Consolidated Motion to Compel# 17 Attachment 15 to Brief in Support of Consolidated Motion to Compel# 18 Attachment 16 to Brief in Support of Consolidated Motion to Compel# 19 Attachment 17 to Brief in Support of Consolidated Motion to Compel# 20 Attachment 18 to Brief in Support of Consolidated Motion to Compel# 21 Dep Transcript - Dr. Stephen Bloom (Brief in Support)# 22 Dep Transcript - Tonia Boluyt (Brief in Support)# 23 Dep Transcript - Deanna Cronk (Brief in Support)# 24 Dep Transcript - Christine Green (Brief in Support)# 25 Dep Transcript - Julia Harris (Brief in Support)# 26 Dep Transcript - Nancy Hulst (Brief in Support)# 27 Dep Transcript - Rachel Keyzer (Brief in Support)# 28 Dep Transcript - Patricia Kimmel (Brief in Support)# 29 Proposed Order Order on Consolidated Motion to Compel)(Drew, Stephen) (Entered: 01/16/2007)
241 ORDER granting 240 motion for leave to file excess pages ; signed by Magistrate Judge Hugh W. Brenneman Jr. (Magistrate Judge Hugh W. Brenneman, Jr., fhw) (Entered: 01/17/2007)
242 NOTICE OF MOTION HEARING regarding document number 239 : responses due by 1/30/2007; motion hearing is set for 2/21/2007 at 09:00 AM at 584 Federal Building, Grand Rapids, MI before Magistrate Judge Hugh W. Brenneman Jr.;(Magistrate Judge Hugh W. Brenneman, Jr., fhw) (Entered: 01/17/2007)
243 BRIEF in support of 239 motion to compel discovery of relevant financial and business records filed by Kisha Childrey, Diane Wilson (Attachments: # 1 Attachment 1# 2 Attachment 2# 3 Attachment 3# 4 Attachment 4# 5 Attachment 5# 6 Attachment 6# 7 Attachment 7# 8 Attachment 8# 9 Attachment 9# 10 Attachment 10# 11 Attachment 11# 12 Attachment 12# 13 Attachment 13# 14 Attachment 14# 15 Attachment 15# 16 Attachment 16# 17 Attachment 17# 18 Attachment 18# 19 Attachment Deposition Transcript of Dr. Stephen Bloom# 20 Attachment Deposition Transcript of Tonia Boluyt# 21 Attachment Deposition Transcript of Deanna Cronk# 22 Attachment Deposition Transcript of Christine Green# 23 Attachment Deposition Transcript of Julia Harris# 24 Attachment Deposition Transcript of Nancy Hulst# 25 Attachment Deposition Transcript of Rachel Keyzer# 26 Attachment Deposition Transcript of Pat Kimmel# 27 Proposed Order)(rlw) Modified text on 1/18/2007 (rlw, ). Modified to add link to motion on 2/5/2007 (acr, ). (Entered: 01/18/2007)
244 TRANSCRIPT of Intervening Plaintiff's Second and Third Motion to Compel Discovery held December 15, 2006 before Hon. Hugh W. Brenneman, US Mag. Judge (Transcriptionist: Pritchard, Pat) (Entered: 01/25/2007)
245 ORDER affirming 208 ; Intervening Plaintiffs may produce documents in accordance with the terms of this Order; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt) (Entered: 01/29/2007)

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01/30/2007 01/31/2007 01/31/2007
02/01/2007 02/01/2007 02/01/2007 02/01/2007 02/01/2007 02/01/2007 02/02/2007 02/02/2007 02/09/2007 02/09/2007
02/20/2007

246 UNOPPOSED MOTION for leave to file excess pages by defendant Spectrum Health Worth Home Care, Inc.; (Attachments: # 1 Exhibit A# 2 Proposed Order To File Brief in Excess of Page Limits)(Nelson, Matthew) (Entered: 01/30/2007)
247 ORDER granting 246 motion for leave to file excess pages ; signed by Magistrate Judge Hugh W. Brenneman Jr. (Magistrate Judge Hugh W. Brenneman, Jr., fhw) (Entered: 01/31/2007)
248 RESPONSE in opposition to MOTION to compel Intervening Plaintiffs' Consolidated Motion to Compel Discovery of Relevant Financial and Business Records 239 filed by Spectrum Health Worth Home Care, Inc. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(rlw) (Entered: 02/01/2007)
249 UNOPPOSED MOTION for leave to file excess pages by defendant Spectrum Health Worth Home Care, Inc.; (Attachments: # 1 Exhibit A)(Sorensen, Paul) (Entered: 02/01/2007)
250 PROOF OF SERVICE by defendant Spectrum Health Worth Home Care, Inc. re 249 Unopposed Motion to File Brief in Excess of Page Limits (Nelson, Matthew) (Entered: 02/01/2007)
251 BRIEF in support of UNOPPOSED MOTION for leave to file excess pages 249 filed by Spectrum Health Worth Home Care, Inc. (Attachments: # 1 Attachment 1)(Sorensen, Paul) (Entered: 02/01/2007)
252 MOTION for summary judgment on Intervenors' Scheduling Claims by defendant Spectrum Health Worth Home Care, Inc.; (Sorensen, Paul) (Entered: 02/01/2007)
253 MOTION for summary judgment by defendant Spectrum Health Worth Home Care, Inc.; (Sorensen, Paul) (Entered: 02/01/2007)
254 BRIEF in support of MOTION for summary judgment on Intervenors' Scheduling Claims 252 filed by Spectrum Health Worth Home Care, Inc.(Sorensen, Paul) (Entered: 02/01/2007)
255 ORDER granting 249 motion for leave to file excess pages ; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, mil) (Entered: 02/02/2007)
256 SEALED BRIEF in support of MOTION for summary judgment 253 filed by Spectrum Health Worth Home Care, Inc.(elc) Modified on 2/5/2007 to edit text (elc, ). (Entered: 02/05/2007)
257 PROOF OF SERVICE by defendant Spectrum Health Worth Home Care, Inc. Defendant's Fourth Supplemental Responses to Intervening Plaintiffs' First Set of Requests for Production of Documents (Nelson, Matthew) (Entered: 02/09/2007)
258 PROOF OF SERVICE by defendant Spectrum Health Worth Home Care, Inc. Defendant's Third Supplemental Responses to Intervening Plaintiffs' Second Set of Requests for Production of Documents (Nelson, Matthew) (Entered: 02/09/2007)
259 NOTICE RESCHEDULING MOTION HEARING (as to time only) regarding document number 239 : motion hearing is set for 2/21/2007 at 10:00 AM at 584 Federal Building, Grand Rapids, MI before Magistrate Judge Hugh W. Brenneman Jr.;(Magistrate Judge Hugh W. Brenneman, Jr., fhw) (Entered:

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02/21/2007 03/01/2007
03/02/2007 03/02/2007 03/02/2007 03/13/2007 03/19/2007 03/19/2007 03/19/2007 03/20/2007

02/20/2007)
260 MINUTES of motion hearing re 239 Consolidated MOTION to Compel Discovery of Relevant Financial and Business Records filed by Intervening Plaintiffs Kisha Childrey and Diane Wilson held before Magistrate Judge Hugh W. Brenneman Jr.(Proceedings Digitally Recorded) (Magistrate Judge Hugh W. Brenneman, Jr., ddk) (Entered: 02/21/2007)
261 UNOPPOSED MOTION for leave to file excess pages regarding Intervening Plaintiffs' Consolidated Brief in Opposition to Defendant's Motion for Summary Judgment and Defendant's Motion for Summary Judgment on Intervenors' Scheduling Claims (Attachments, Exhibits and Transcripts to be filed Under Seal) by intervenor-plaintiffs Kisha Childrey, Diane Wilson; (Attachments: # 1 Proposed Order to File Brief in Excess# 2 Proposed Document Brief in Opposition to DF Motions for Summary Judgement Table of Contents# Proposed Document Brief in Opposition to Defendant's Motions for Summary Judgment)(Drew, Stephen) Modified to correct attachment 3 as Sealed on 3/2/2007 (cmi, ). Modified text on 3/2/2007 (mbb, ). (Entered: 03/01/2007)
262 ORDER granting 261 motion for leave to file excess pages ; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, mil) (Entered: 03/02/2007)
263 SEALED document brief in opposition to 252 , 253 (Attachments: # 1 Attachment Table of Contents) (rlw) Modified text on 3/6/2007 (acr, ). (Entered: 03/02/2007)
264 SEALED EXHIBIT re 263 by intervenor-plaintiff Diane Wilson (elc) Modified on 3/6/2007 to edit text (elc, ). Modified on 3/7/2007 to edit text (elc, ). (Entered: 03/06/2007)
265 CERTIFICATE OF SERVICE by intervenor-plaintiffs Kisha Childrey, Diane Wilson regarding Intervening Plaintiffs' Supplemental Answers to Defendant's Interrogatories Regarding Claims of Compensatory Non-Economic Damages and Punitive Damages (Drew, Stephen) (Entered: 03/13/2007)
266 BRIEF in support of MOTION for summary judgment on Intervenors' Scheduling Claims 252 Reply Brief filed by Spectrum Health Worth Home Care, Inc.(Nelson, Matthew) (Entered: 03/19/2007)
267 MOTION for leave to file excess pages in Reply Brief in Support of its Motion for Summary Judgment by defendant Spectrum Health Worth Home Care, Inc.; (Kilby, Gregory) (Entered: 03/19/2007)
268 BRIEF in support of MOTION for leave to file excess pages in Reply Brief in Support of its Motion for Summary Judgment 267 filed by Spectrum Health Worth Home Care, Inc. (Attachments: # 1 Exhibit A)(Kilby, Gregory) (Entered: 03/19/2007)
269 PROOF OF SERVICE by defendant Spectrum Health Worth Home Care, Inc. Relating to Motion to File Reply Brief in Excess of Page Limits 267 and Brief in Support 268 (Kilby, Gregory) Modified text on 3/20/2007 (cam, ). (Entered: 03/20/2007)

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03/21/2007 03/23/2007 03/23/2007 04/05/2007 04/13/2007
04/13/2007 05/01/2007
05/01/2007
05/02/2007 05/03/2007
05/03/2007

270 PROPOSED ORDER regarding Motion to File Reply Brief in Excess of Page Limit by defendant Spectrum Health Worth Home Care, Inc. (Kilby, Gregory) (Entered: 03/21/2007)
271 ORDER granting 267 motion for leave to file excess pages; entered ORDER 270 ; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, mil) (Entered: 03/23/2007)
272 SEALED BRIEF by defendant Spectrum Health Worth Home Care, Inc. re 252 motion for summary judgment of intervenors' sex and race harassment claims (elc) Modified on 3/27/2007 to edit text (elc, ). Modified on 3/29/2007 to edit text (elc, ). (Entered: 03/27/2007)
273 ADMINISTRATIVE ORDER No. 07-029; case reassigned to Judge Jack Zouhary; signed by Chief Judge Robert Holmes Bell (gjf) (Entered: 04/06/2007)
274 CASE SCHEDULING ORDER:jury trial set for 7/23/2007 at 09:00 AM at 499 Federal Building, Grand Rapids, MI before OHND Judge Jack Zouhary;final pretrial conference set for 6/11/2007 at 01:15 PM at 499 Federal Building, Grand Rapids, MI before OHND Judge Jack Zouhary ; signed by OHND Judge Jack Zouhary (mil) (Entered: 04/13/2007)
275 NOTICE cancelling settlement conference previously scheduled for 6/12/2007 at 2:00 PM without date (Magistrate Judge Hugh W. Brenneman, Jr., fhw) (Entered: 04/13/2007)
276 MOTION for leave to file an Amicus Curie Brief Regarding Defendant's Motion for Summary Judgment filed by National Association of Home Care and Hospice, Inc. and Michigan Brian Injury Provider Council, Inc. (Guikema, Henry) text modified on 5/2/2007 to add filer to text (pjl) Modified on to correct filers 5/11/2007 (cmi, ). (Entered: 05/01/2007)
277 PROPOSED BRIEF of Amici Curie (in support of MOTION for leave to file 276 re: Defendant's Motion for Summary Judgmentfiled by National Associatio For Home Care and Hospice, Inc. and Michigan Brain Injury Provider Council, Inc.(Guikema, Henry) text modified on 5/7/2007 to reflect proposed document (pjl) Modified on 5/11/2007 to correct filers (cmi, ). (Entered: 05/01/2007)
278 RESPONSE in opposition to MOTION for leave to file An Amicus Curie Brief Regarding Defendant's Motion for Summary Judgment 276 filed by Kisha Childrey, Diane Wilson (Drew, Stephen) (Entered: 05/02/2007)
279 MOTION For Leave to Join Amicus Curie Brief Filed by National Association for Home Care and Hospice, Inc. and Michigan Brain Injury Provider Council, Inc. by amicus National Associatio For Home Care and Hospice, Inc. and Michigan Brain Injury Provider Council, Inc.; (Guikema, Henry) Modified text on 5/7/2007 (jlg). Modified on 5/11/2007 to correct filers (cmi, ). (Entered: 05/03/2007)
280 ORDER granting 279 motion for leave to join amicus curie brief. Intervening Pltf's granted leave until 5/27/07 to respond without additional discovery. signed by OHND Judge Jack Zouhary (OHND Judge Jack Zouhary, cjb) Modified text on 5/7/2007 (jlg). (Entered: 05/03/2007)

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05/04/2007 05/04/2007 05/11/2007 05/11/2007 05/22/2007 05/31/2007 06/01/2007
06/04/2007 06/04/2007

281 MARGINAL ENTRY ORDER granting 276 motion for leave. Intervening pltf granted leave until 5/27/07 to respond w/out additional discovery. signed by OHND Judge Jack Zouhary (OHND Judge Jack Zouhary, cjb) (Entered: 05/04/2007)
282 BRIEF by amicus parties National Associatio For Home Care and Hospice, Inc. and Michigan Brain Injury Provider Council, Inc., Brain Injury Association of Michigan re 253 , 252 re: Defendant's motion for summary judgment (pjl) Modified on 5/11/2007 to correct filers(cmi, ). (Entered: 05/07/2007)
283 NOTICE re 253 Defendant's Statement of Supplemental Authority by defendant Spectrum Health Worth Home Care, Inc. (Nelson, Matthew) (Entered: 05/11/2007)
284 EXHIBIT re 283 Defendant's Statement of Supplemental Authority by defendant Spectrum Health Worth Home Care, Inc. (Nelson, Matthew) (Entered: 05/11/2007)
285 ORDER. Final Pretrial set for 6/11/07 at 1:15 p.m. is rescheduled to 6/11/07 at 10:00 a.m. Court is prepared to discuss in the following order: (1) Settlement; (2) Intervening Plaintiffs' Consolidated Motion to Compel; (3) Defendant's Motion for Summary Judgment on Scheduling Claims; and (4) Defendant's Motion for Summary Judgment on Remaining Claims. Signed by OHND Judge Jack Zouhary (OHND Judge Jack Zouhary, nls) (Entered: 05/22/2007)
286 PROOF OF SERVICE by defendant Spectrum Health Worth Home Care, Inc. of Defendant's Fifth Supplemental Responses to Intervening Plaintiffs' First Set of Requests for Production of Documents (Nelson, Matthew) (Entered: 05/31/2007)
287 RESPONSE in opposition re 282 Intervening Plaintiffs' Response in Opposition to National Association for Home Care & Hospice, Michigan Brain Injury Provider Council, Inc. and Brain Injury Association of Michigan's Amici Curiae Brief Regarding Defendant Spectrum's Motion for Summary Judgment filed by Kisha Childrey, Diane Wilson (Attachments: #(1) SEALED Attachment; #(2) SEALED Attachment; (3) Attachment 3#; #(4) SEALED Attachment; #(5) SEALED Attachment; (6) Attachment 6#; (7) Attachment 7#; #(8) SEALED Attachment; (9) Attachment 9#; #(10) Dep Transcript - Childrey; #(11) Dep Transcript - Cronk; #(12) Dep Transcript - Harris; #(13) Dep Transcript - Hulst; # 14 Dep Transcript - Keyzer; #(15) Dep Transcript - Smith; #(16) Dep Transcript Wilson)(Drew, Stephen) Modified text and linkage on 6/4/2007 (jlg); additional attachments added/text modified on 6/7/2007 (pjl); modified to removed SEALED attachments 1, 2, 4, 5 and 8 per order 292 on 6/7/2007 (cmi) (Entered: 06/01/2007)
288 MOTION to bifurcate claims of Intervenors (Oral Argument Requested) by defendant Spectrum Health Worth Home Care, Inc.; (Nelson, Matthew) Modified text on 6/5/2007 (jlg). (Entered: 06/04/2007)
289 PROOF OF SERVICE by defendant Spectrum Health Worth Home Care, Inc. re 288 Motion to bifurcate claims of Intervenors (Nelson, Matthew) (Entered: 06/04/2007)

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06/04/2007 06/06/2007
06/07/2007 06/07/2007 06/11/2007 06/11/2007 06/13/2007 07/09/2007 07/16/2007

290 SEALED BRIEF in support of MOTION for separate trials 288 filed by Spectrum Health Worth Home Care, Inc.(elc) Modified on 6/5/2007 (elc, ). (Entered: 06/05/2007)
291 MOTION to strike , remove and File Under Seal Attachments 1, 2, 4, 5 and 8 to 287 Intervening Plaintiffs' Response in Opposition to National Association for Home Care & Hospice, Michigan Brain Injury Provider Council, Inc. and Brain Injury Association of Michigans Amicus Curiae Brief Regarding Defendant Spectrums Motion for Summary Judgment Pursuant to the Stipulated Protective Order Filed February 13, 2006 by intervenor-plaintiffs Kisha Childrey, Diane Wilson; (Attachments: # 1 Proposed Order)(Drew, Stephen) Modified on 6/7/2007 to add link (jlg). (Entered: 06/06/2007)
292 MARGINAL ENTRY ORDER granting 291 intervening pltf Childrey & Wilson's motion to strike, remove and file under seal attachments 1,2,4,5 & 8 to intervening pltf's response in opposition to Nat'l Assoc's amicus curiae brief regarding deft Spectrum's motion for summary judgment. (subject to protective order); signed by OHND Judge Jack Zouhary (OHND Judge Jack Zouhary, cjb) (Entered: 06/07/2007)
293 (DISREGARD) MEMORANDUM ORDER denying 239 Intervening Plaintiffs' consolidated motion to compel discovery of relevant financial and business records; signed by Magistrate Judge Hugh W. Brenneman Jr. (Magistrate Judge Hugh W. Brenneman, Jr., ddk) Modified on 6/11/2007 to edit text (elc, ). (Entered: 06/07/2007)
294 (Amended) MEMORANDUM ORDER denying 239 Intervening Plaintiffs' consolidated motion to compel discovery of relevant financial and business records ; amended to correct signature line only; signed by Magistrate Judge Hugh W. Brenneman Jr. (Magistrate Judge Hugh W. Brenneman, Jr., fhw) (Entered: 06/11/2007)
NON-DOCUMENT ENTRY - MINUTES of final pretrial conference held on 6/11/07 before OHND Judge Jack Zouhary (8 1/2 hrs) (OHND Judge Jack Zouhary, cjb) (Entered: 06/13/2007)
295 DISMISSAL ORDER: Final pretrial conference held 6/11/07 resulting in settlement conference. Terms of settlement were read & approved by all parties on the record which is ordered sealed due to confidentiality. Case is hereby settled & dismissed w/out prejudice. Each party to bear own costs. Counsel granted 30 days to file additional settlement documents. signed by OHND Judge Jack Zouhary. (OHND Judge Jack Zouhary, cjb) (Entered: 06/13/2007)
296 STIPULATION of dismissal with prejudice and without costs by intervenor-plaintiffs Kisha Childrey, Diane Wilson (Attachments: # 1 Proposed Order)(Drew, Stephen) (Entered: 07/09/2007)
297 STIPULATION AND ORDER of dismissal. This matter is hereby dismissed with prejudice and without costs to any party. signed by OHND Judge Jack Zouhary (OHND Judge Jack Zouhary, cjb) (Entered: 07/16/2007)

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