Case 2:03-cv-01229-RCJ-PAL Document 1 Filed 09/30/2003 Page 1 of 4

1 ANNA PARK, SBN 164242

GREGORY L. McCLINTON SBN 153553

2 U.S. EOUAL EMPLOYMENT OPPORTUNITY COMMISSION

255 E. Temple Street, 4th Floor

1001 SEP 30 P 12: 3g

3 Los Angeles, California 90012

4 ti~~f~?I~~:gU1H§t~I~6?

(>:,.,,~r' .. ":'i/;'oCtl Ii

5
Attorneys for Plaintiff
6
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
7

~, _DEPU Y

8

IN THE UNITED STA~

CV-S-03-1229-LRH-PAL

9

FOR THE DISTR

10

EgUAL EMPLOYMENT OPPORTUNI' C MMISSION,
Plaintiff,
v.

COMPLAINT AGE DISCRIMINATION AND DEMAND FOR JURY TRIAL

EXAMINATION MANAGEMENT SERVICES, INC., A Nevada Corporation d/b/a EMSI
Defendant(s).

17

18

NATURE OF THE ACTION

19

This is an action under the Age Discrimination in Employment Act to correct

20 unlawful employment practices on the basis ofage and to provide appropriate relief

21 to Constance Damian. The Commission alleges that Examination Management

22 Services, Inc., d/b/a EMSI, hereafter "the Defendant" subjected Ms. Damian to a

23 hostile work environment because of her age, and terminated because of her age in

24 January 1999.

25

JURISDICTION AND VENUE

26

1. Jurisdiction ofthis Court is invoked pursuant to 28 U.S.c. §§ 451, 1331,

27 1337,1343 and l345. This action is authorized and instituted pursuant to Section

28
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1

\

Case 2:03-cv-01229-RCJ-PAL Document 1 Filed 09/30/2003 Page 2 of 4

1 7(b) of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.c.

2 § 626(b) (the "ADEA"), which incorporates by reference Sections 16(c) and 17 of

3 the Fair Labor Standards Act of 1938 (the "FLSA"), as amended, 29 U.S.C. §§216(c)

4 and 217.

5

2. The employment practices alleged to be unlawful were committed within

6 the jurisdiction of the United States District Court of the District of Nevada.

7
PARTIES

8
3. Plaintiff, the Equal Employment Opportunity Commission (the

9

"Commission"), is the agency of the United States of America charged with the

10
administration, interpretation and enforcement of the ADEA and is expressly

11
authorized to bring this action by Section 7(b) of the ADEA, 29 U.S.C. § 626(b), as

12

. ~

amended by Section 2 of Reorganization Plan No. 1 of 1978, 92 Stat. 3781, and by

13

Public Law 98-532 (1984), 98 Stat. 2705.

14

4. At all relevant times, Defendant has continuously been doing business in

15

the State of Nevada and the City of Las Vegas, and has continuously had at least 20

16

employees.

17

5. At all relevant times, Defendant has continuously been an employer

18

engaged in an industry affecting commerce within the meaning of Sections 11 (b), (g)

19

and (h) of the ADEA, 29 U.S.c. §§ 630(b), (g) and (h).

20

21
CONCILIATION
22
6. Prior to institution of this lawsuit, the Commission's representatives
23
attempted to eliminate the unlawful employment practices alleged below and to effect
24
voluntary compliance with the ADEA through informal methods of conciliation,
25
conference and persuasion within the meaning of Section 7(b) of the ADEA, 29
26
U.S.C. § 626(b).
27

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2

Case 2:03-cv-01229-RCJ-PAL Document 1 Filed 09/30/2003 Page 3 of 4

1

2

STATEMENT OF CLAIMS

3

7. Since at least 1999 the Defendant engaged in unlawful employment

4 practices in its Las Vegas facility, in violation of 16(c) of the ADEA, 29 U.S.C. §

5 626(b). These practices include engaging in harassment of Damien because of her

6 age and terminating her because of her age.

7

8. The effect of the practices complained of in paragraph (7) above has been

8 to deprive Constance Damian of equal employment opportunities and otherwise

9 adversely affect her status as an employee, because of her age.

10

9. The unlawful employment practices complained of in paragraphs above

11 were willful within the meaning of Section 7(b) of the ADEA, 29 U.S.c. § 626(b).

12
PRAYER FOR RELIEF
13

14

Wherefore, the Commission respectfully requests that this Court:

15

A. Grant a permanent injunction enjoining Defendant, its officers,

16 successors, assigns and all persons in active concert or participation with it, from

17 engaging in age-based harassment and any other employment practice which

18 discriminates on the basis of age against individuals 40 years of age and older.

19

B. Order Defendant to institute and carry out policies, practices and

20 programs which provide equal employment opportunities for individuals 40 years of

21 age and older, and which eradicate the effects of its past and present unlawful

22 employment practices.

23

C. Grant a judgment requiring Defendant to pay appropriate back wages in

24 an amount to be determined at trial, an equal sum as liquidated damages, and

25 prejudgment interest to Constance Damian.

26

D. Order Defendant to make whole Constance Damian, by providing the

27 affirmative reliefnecessary to eradicate the effects ofits unlawful practices, including

28
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3

Case 2:03-cv-01229-RCJ-PAL Document 1 Filed 09/30/2003 Page 4 of 4

1

2 but not limited to reinstatement.

3

E. Order Defendant to post and keep posted the notices required by Section

4 8 of the ADEA, 29 U.S.C. § 626(a).

5

F. Grant such further relief as the Court deems necessary and proper in the

6 public interest.

7

G. Award the Commission its costs of this action.

8

JURY TruAL DEMAND

9

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

10 complaint.
11 12 13

Eric S. Dreiband General Counsel James Lee Deputy General Counsel

14 15
16 September 29, 2003
17

GwensJ.ol
A~~sotlate /-
f<t...,..~~er±-..,/-IT::'::i':\-'t-"''-----

18

Gregory . Mc

Trial Attorney

19

Equal 1;nwloyment Opportunity

20

CommissIOn

Los Angeles District Office

21

2~5 East Temple Street

4 Floor

22

Los Angele~ CA 90012

213-894-10:)3

23

24

25

26

27

28
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4

 
 Case 2:03-cv-01229-RCJ-PAL Document 19 Filed 09/10/2004 Page 1 of 1

1

c~'\VEO OH
- ~-~:.:f r.::c~,n~

2

3

4

UNITED STATES DISTRICT COURTGi:<r}!!gn~i~8~RT

(.?/ \

5

DISTRICT OF NEVADA , ',.. ~.J...J._.O:::PllTY

6

7 EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

8

)

)

9

Plaintiff,

)

)

10 vs.

)

)

11 EXAMINATION MANAGEMENT SERVICES, )

INC.,

)

12

)

)

13

Defendant. )

14 --------------------------------)

Case No. CV-S-03-1229-RCJ (PAL) ORDER

15

This matter is before the court on Plaintiff's Ex Parte Notice of Motion and Motion to Quash

16 Subpoenas (#16) filed May 24,2004. No opposition was filed and the time for filing a response has run.

17 LR 7-2(d) states " ... The failure of an opposing party to file points and authorities in response to any

18 motion shall constitute a consent to the granting of the motion." Accordingly,

19

IT IS ORDERED Plaintiff's Motion to Quash Subpoenas (#16) is GRANTED.

20

Dated this 10th day of September, 2004.

21

22

23

24

25

26

27

28

 
 Case 2:03-cv-01229-RCJ-PAL Document 26 Filed 04/27/2005 Page 1 of 8

RIG IN!! ANNA Y PARK, SBN 16424?

CHERRY MARIE D. ROJAS, SBN 141482

2 GREGORY L. McCLINTON, SBN 153553

U.S. EQUAL EMPLOYMENT

3 OPPORTUl\ITY COMMISSIOl\ or# Apn I Q C' -I: I L\
255 East Temple Street, 4th Floor hJJ n ,-,

4 Los Angeles, CA 90012

, ,

Telephone: (213) 894-1053

5 Facsimile: (213) 894-130 I

6 Attorneys for Plaintiff U.S. EQUAL EMPLOYMENT
7 OPPORTUNITY COMMISSIOl\

8 ANTHONY L. HALL, SBN 5977 JEFFREY S. JUDD, SBN 7393

9 LITTLER MENDELSON LLP 3030 Howard Hughes Parkway. Suite 200

10

Las Vegas, Nevada 89109 Telephone: (702) 862-8800

I I Facsimile: (702) 862-8811

12

Attorneys for Defendant EXAMINATION MANAGEMENT SERVICES, Il\C'.

13

, .'
eo

14

UNITED STATES DISTRICT COURT

15

DISTRICT OF 'iEVADA

16

17 U.S. EQUAL EMPLOYMENT 18 OPPORTUNITY COMMISSION,
Plaintiff, 19
v. 20
21 EXAM INATION MANAGEMENT SERVICES, INC, D/B/A EMSI,
22
Defendants. 23

) )

'Rc.~
CASE NO. CV-S-03-1229~AL)

)

)

)
)

Ic.orOSES] CONSENT DECREE

)

)

)

)

)

)

)

24

I. INTRODUCTION

25 I. On September 11,2003, Plaintiff U.S. Equal Employment Opportunity Commission (the

26 "EEOC" or "Commission") brought this action against Defendant Examination Management

27 Services, Incorporated, d/b/a "EMSI" alleging that EMSI harassed and discriminated against Ms.
28 Constance Damian because of her age in violation of the ADEA, 29 U.S.c. ~623(a) as amended. I.

Case 2:03-cv-01229-RCJ-PAL Document 26 Filed 04/27/2005 Page 2 of 8

II. JURISDICTION

2 2.

The Court has jurisdiction over the parties and the subject matter of this lawsuit. Jurisdiction

3 of this Court is invoked pursuant to 28 U.S.c. sections 451,1331,1337,1343 and 1345. This action

4 is authorized and instituted pursuant to section 7(b) ufthe ADEA, 29 U,S.c. ~ 626(b), which

5 incorporates by reference sections 16(c) and 17 of the Fair Labor Standards Act of 1938, as amended, i
i
6 29 U.S.c. ~§ 216(c) and 217.

7 3.

This Decree confonns with the Federal Rules of Civil Procedure and the ADEA and is not in

8 derogation of the rights and privileges of any person. The Court shall retain jurisdiction of this

9 action for the duration of the Decree for the purpose of entering all orders, judgments, and decrees

10 which may be necessary to implement the relief provided herein.

II 4. The parties do not object to the jurisdiction of the Court over this action and waive their rights

12 to a hearing and the entry of findings of fact and conclusions of law.

13 5. As a result of having engaged in mediation, the Commission and EMSI have resolved their

14 differences and have agreed that this action should be resolved by entry of this Consent Decree.

15

III. FINDINGS

16 6. Having examined the terms and provisions of this Decree and based on the pleadings, record

17 and stipulation of the parties, the Court finds the following:

18

A. The Court has jurisdiction over the par1ies and the subject matter of this action;

19

B. The tenns and provisions of this Consent Decree are adequate, fair, reasonable,

20 equitable and just. The rights of EMSI the Commission and those for whom the Commission seeks

21 relief are protected adequately by this Consent Decree;

22

c. This Decree conforms with the Federal Rules of Civil Procedure, and the ADEA and

23 is not in derogation of the rights and privileges of any person. The entry of this Decree will further

24 the objectives of the ADEA and will be in the best interests of any person. The entry of this Consent

25 Decree will further the objectives of ADEA and will be in the best interest of EMS!, the Commission

26 and those for whom the Commission seeks relief.

27

IV. EFFECT OF DECREE

28 7. This Decree resolves all issues and claims arising out of the Complaint filed by the EEOC 2.

Case 2:03-cv-01229-RCJ-PAL Document 26 Filed 04/27/2005 Page 3 of 8

herein alleging unlawful employment practices by EMS I and this Decree shall be binding and final

2 as to all such issues and claims in this action.

3 8. Neither the agreement to enter into this Consent Decree nor any provisions hereof constitutes an

4 admission by EMSI of any violation of the ADEA.

5 9. This Consent Decree in no way affects the EEOC's rights to process charges against EMS! not

6 otherwise covered by this Consent Decree in accordance with standard EEOC procedures and to

7 commence civil actions on any such charge.

8

V. DURATION OF DECREE AND RETENTION OF JURISDICTION

9 10. The provisions and agreements contained herein arc effective immediately upon the date

10 which the Decree is entered by the Court ("the Effective Date").

II II. The duration of the Consent Decree shall be two (2) years from the date that the parties sign

12 this Decree.

13 12. For the duration of the Consent Decree, this Court shall retain jurisdiction over this action for

14 the purpose of enforcing the provisions of this Consent Decree.

15

VI. INJUNCTIVE RELIEF: Non-Discrimination

16 13. EMS!, its officers, agents, employees, successors, assigns and all persons in active concert or

17 participation with it are enjoined for the duration of the Decree from discriminating or harassing any

18 individual because of his or her agc.

19

VII. INJUNCTIVE RELIEF

20 14. Within thirty (30) days of the Effective Date of this Decree and for a period of two (2) years

21 from the Effective Date of this Decree, EMS! shall retain an EEO Consultant or retain/designate an

22 EMS! employee to implement (including the training provisions set forth below in Section X) and

23 monitor EMSI's compliance with the ADEA and with the provisions of this Decree. The EEOC

24 must approve of the person hired/designated; however, the EEOC's consent cannot be unreasonably

25 withheld and may only be withheld based upon the person's inadequate qualifications concerning the

26 ADEA.

27 15. EMS! shall:

28

(A) develop a written procedure for the reporting and investigation of claims of age

2.

Case 2:03-cv-01229-RCJ-PAL Document 26 Filed 04/27/2005 Page 4 of 8

discrimination and harassment, within one-hundred twcnty (120) days of the Effective Date of the

2 Decree. At a minimum, the procedure shall:

3

(I) specify how an employee or applicant for employment may make a complaint

4 internally to EMSI, including complaints about managcrs under the procedure;

5

(2) will include a provision that spccifically notifies employees and applicants

6 that in addition to the internal complaint procedure, thcy may also make complaints of age

7 discrimination directly to the EEOC; and

8

(3) include a statement that the employee, in addition to following the reporting

9 procedures required by EMSI's policy(s), may also file a charge with the EEOC.

10

(8) Once the procedure set forth in paragraph 15(A) is in place, EMSI shall report to the

II Regional Attorney of the Los Angeles District Office of the EEOC all changes to the polices and

12 procedures not later than 60 days after any changes arc implemented.

13 16. EMS I shall ensure that all reports required by this Decree are accurately compi led and timely

14 submitted for the duration of the Decree.

15

VIII. MONETARY RELIEF

16 17. EMSI agrees to pay Constance Damian the amount of $45,000.00. This amount reflects the

17 full consideration due Ms. Damian.

18 18. EMSI shall report the payment made to Ms. Damian on an Internal Revenue Service Fonn

19 1099 and shall distribute such reports to the payees as required by law. Any required employer

20 contribution(s) including FUTA and FICA, shall be borne by EMSI and shall not be deducted from

21 the settlement amount; however, all applicable employee contributions, deductions and taxes shall be

22 deducted from the settlement amount.

23 19. Within ten (10) days of the Effective Date of this Decree, EMSI shall mail, via certified mail, a

24 certified check made payable to CONSTANCE DAMIAN and/or her Conservator CHRISTINE

25 DA VIS, in the above amount to the address provided by the Commission.

26 20. Within ten (10) days of the Effective Date of this Decree, a copy of the check sent above shall

27 be submitted to the Regional Attorney Anna Y. Park. Equal Employment Opportunity Commission,

28 Los Angeles District Office, 255 East Temple Street, 4th Floor, Los Angeles, California 90012. 2.

Case 2:03-cv-01229-RCJ-PAL Document 26 Filed 04/27/2005 Page 5 of 8

IX. RECORD KEEPING AND REPORTING

2 21. For the duration of the Decree, EMSI agrees to maintain such records as are necessary to

3 demonstrate its compliance with this Decree and to vcrify that the reports submitted are accurate.

4 Upon fifteen (15) work days written notice from the Commission, EMS! shall makc such records

5 available to the Commission for inspection and copying.

6 22. At the conclusion of one (I) year after the Effectivc Date of this Decree, at the conclusion of

7 one (I) year and six (6) months after the Effective Date of this Decree and at the conc Ius ion of two

8 (2) years after the Effective Date of this Decree, EMSI shall submit a written rcport to the Regional

9 Attorney of the Los Angeles District Office of the U.S. Equal Employment Opportunity Commission

10 at 255 E. Temple Street, 4th Floor, Los Angeles, CalifllJ"nia 90012. The report shall contain the

II following information:

12

(A) The name, business address, telephone number and qualifications of its EEO

13 Officer/Human Relations Officer who shall ensure compliance with the terms of this Decree;

14

(8) A copy of EMSI's EEO policy, including any modifications of said policy adopted by

15 EMSI',

16

(C) Proof of ADEA training of its employees as set forth in this Decree, including copies

17 of training materials used; and

18

(D) A copy of any complaints filed by any employee pursuant to the EEO policy and,

19 upon specific request from the EEOC, provide a copy of any non-privileged investigative notes

20 regarding any complaint filed by any employee pursuant to the EEO policy.

21

X. TRAINING

22 23. During the operative period of this consent decree, EMSI shall conduct training for all

23 employees as follows:

24

A. The training for managers shall consist of:

25

(I) a review of Defendant's policy established pursuant to this consent decree;

26

and

27

(2) a review of Defendant's policy for managers concerning how to address a

28

complaint of discrimination under the ADEA.

2.

Case 2:03-cv-01229-RCJ-PAL Document 26 Filed 04/27/2005 Page 6 of 8

I

B. The training for non-management employee's shall consist of:

2

(1) a review of Defendant's policy cstablished pursuant to this consent decree;

3

and

4

(2) a review of Defendant's policy for making a complaint of discrimination

5

under the ADEA.

6

c.

The training designated above may bc accomplished by video-tape, on-line,

7 telephone, written, in-person or any other means of communicating the rcquircd information.

8 24. Each employee who is trained shall be requircd to sign an acknowledgement of the training.

9

XI. COMPLlANCE AND DISPUTE RESOLUTION

10 25. In the event that the Commission believes that EMSI has failed to comply with any provision

II of this Decree, the Commission shall notify EMSI in writing of such belief and afford EMSI a

12 reasonable period of not less than ten (10) business days to remedy the alleged noncompliance. If

13 EMSI disagrees, they shall notify the Commission in writing within tcn (10) business days. It~ after

14 having received notice of failure to comply from thc Commission, EMSI continues to fail to comply,

IS or notifies the Commission that they disagree with the Commission's belief, the Commission may

16 then apply to this Court for appropriate relief. Should the Court determine that EMSI has not

17 complied with this Decree, in whole or in part, it may impose appropriate relief, including but not

18 limited to the imposition of costs, attorney fees, an extension of the duration of this Decree for such a

19 period as may be necessary to remedy EMSI's noncompliance, or other relief that the Court deems

20 appropriate.

21

XII. MODIFICATION AND SEVERABILlTY

22 26. This Decree constitutes the complete understanding of the parties with respect to the mattcrs

23 contained herein. No waiver, modification or amendment of any provision of this Decree will be

24 effective unless made in writing and signed by an authorized representative of each of the parties.

25 27. If one or more provisions of the Decree are rendered unlawful or unenforceable, the parties

26 shall make good faith efforts to agree upon appropriate amendments to this Decree in order the

27 effectuate the purposes of the Decree. In any event. the rcmaining provisions will remain in full

28 force and effect unless the purposes of the Decree cannot be achieved. 2.

Case 2:03-cv-01229-RCJ-PAL Document 26 Filed 04/27/2005 Page 7 of 8

28. By mutual agreement of the parties, this Decree Illay be amended or modified in the interests

2 of justice and fairness in order to effectuate the provisions of this Decree.

3

XIII. COURT COSTS AND ATTORNEYS' FEES

4 29. Each party shall bear its own court costs and attorneys' fees.

5

XIV. COSTS OF ADMINISTRATION AND IMPLEMENTATION OF DECREE

6 30. EMSI shall bear all costs associated with its administration and implementation of this Decree.

7

XV. MISCELLANEOUS PROVISIONS

8 31. EMSI \vill provide any potential successor, assignees, etc., with a copy of this Decree within a

9 reasonable time of not less than thirty (30) days prior to the execution of any document providing for

10 acquisition or assumption of control of EMS!, or any other material change in corporate structure,

11 and shall simultaneously infonn the Commission of the same.

12 32. This Decree shall be binding upon and enforceable against EMSI and its successors and

13 assIgns. 14 Dated:

April ~Ii, - 2005.

15

Respectfully Submitted By:

ERIC DREIBAND,

16

General Counsel

17

ANNA Y. PARK,

Regional Attorney

18

CHERRY MARIE D. ROJAS

Supervisory Trial Attorney

19

GREGORY L. McCLINTON

Trial Attorney

20 U.S. EQUAL EMPLOYMENT

21

OPPORTUNITY COMMISSION

22

By: _l~I:I:J.£L7·~'-,-'--clL1,-O-:-----,/::-·--:I-t~\-;-;,-1_'_(-----..!.II_{_c--+)~"

/

/.
¥y

ANN/{ Y. PARK,

,

23

Regional Attorney

24 Dated:
25

April~, 2005.

26

27

GENERAL COUNSEL FOR DEFENDANT EXAMINATION MANAGEMENT

SERVICES. INCORPORATED. 28

2.

Case 2:03-cv-01229-RCJ-PAL Document 26 Filed 04/27/2005 Page 8 of 8

IT IS SO ORDERED:

2 Dated:

April ~_, 2005.

3
Rcnu:22341.3 0351 H3.200 I
4

5

6

7

8

9

10

1 1

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

By: ---+~ Judge,

 
 CM/ECF - nvd - District Version 2.05 - Docket Report

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United States District Court District of Nevada (Las Vegas) CIVIL DOCKET FOR CASE #: 2:03-cv-01229-RCJ-PAL

Equal Employment Opportunity Commission VS Examination Management Services, Inc., etal Assigned to: Judge Robert C. Jones Referred to: Magistrate Judge Peggy A. Leen
Magistrate Judge Lawrence R. Leavitt (Settlement)

Date Filed: 09/30/2003 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Anna Park U.S. Equal Employment Opportunity Commission 255 East Temple Street 4th Floor Los Angeles, CA 90012213-894-1083 Email: anna.park@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Connie Liem U.S. Equal Employment Opportunity Commission Legal Unit 255 East Temple Street 4th Floor Los Angeles, CA 90012 213-894-1074 Email: connie.liem@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory L. McClinton United States Equal Employment Opportunity Commission Legal unit 255 East Temple Street 4th Floor Los Angeles, CA 90012(213) 894-1000 Fax: 213-894-1118 Email: Gregory.McClinton@EEOC.Gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

1 of 4

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V. Defendant Examination Management Services, Inc.

represented by Anthony L. Hall Hale Lane Peek, Dennison & Howard 5441 Kietzke Lane Suite 200 Reno, NV 89511 7753273000 Fax: 7757866179 Email: ahall@halelane.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jeffrey S. Judd Littler Mendelson, PC 3960 Howard Hughes Parkway Suite 300 Las Vegas, NV 89169-5937 Email: jjudd@littler.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael T Gebhart Peel Brimley, LLP 3333 E Serene Ave Suite 200 Henderson, NV 89074 (702) 990-7272 Fax: (702) 990-7273 Email: mgebhart@peelbrimley.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed
09/30/2003 09/30/2003 09/30/2003 10/22/2003 12/02/2003 12/08/2003 12/08/2003

#

Docket Text

1 COMPLAINT w/JD (Entered: 09/30/2003) SUMMONS ISSUED to P (1) (Entered: 09/30/2003)
2 ENE NOTICE of referral to ENE. cpys dist. (Entered: 09/30/2003) 3 WAIVER OF SERVICE EXECUTED as to D (Entered: 10/22/2003) 4 ORDER ORD case reassigned to judge Robert C. Jones (Entered: 12/02/2003) 5 ANSWER TO COMPLAINT obo D (m) (Entered: 12/10/2003) 6 CERTIFICATE OF INTERESTED PARTIES obo D (m)(cpy to RCJ&PAL)
(Entered: 12/10/2003)

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12/16/2003 12/17/2003 01/28/2004 02/09/2004 02/09/2004 03/10/2004 03/11/2004 04/05/2004 05/17/2004 05/19/2004 05/19/2004 05/20/2004 05/24/2004
05/26/2004
07/09/2004 09/10/2004 10/12/2004 03/02/2005 03/15/2005 04/07/2005 04/15/2005

7 NOTICE (OTHER) of referral to ENE. cpys dist. (Entered: 12/16/2003)
8 ORDER REFERRING CASE TO EARLY NEUTRAL EVALUATION ORDER ENE hrng set for 3/29/04 @9:30am bfr LRL. cpys dist. (Entered: 12/17/2003)
9 ORDER ORDER disc plan/sched ordr due 2/12/04. cpys dist. (Entered: 01/28/2004)
MISCELLANEOUS DOCUMENT Disc plan/sched ordr obo D to KD (signatures are faxed) (Entered: 02/09/2004)
10 SCHEDULING ORDER ORDER DISC DUE 6/4/04; MTNS DUE 7/5/04; JT PTO DUE 8/4/04. cpys dist. (mld mag forms) (Entered: 02/09/2004)
MISCELLANEOUS DOCUMENT stip to cont ENE hrng to AM (Entered: 03/11/2004)
11 ORDER ON STIPULATION ORDER ENE hrng cont to 5/25/04 @9:30am. cpys dist. (Entered: 03/11/2004)
12 STATUS REPORT obo D (cpy to RCJ)(m) (Entered: 04/05/2004)
14 MOTION FOR MISCELLANEOUS RELIEF MOTION for ext of disc cut-off date obo P (m)(DISPO: granted #15 (Entered: 05/20/2004)
13 STATUS REPORT obo P (cpy to RCJ) (Entered: 05/19/2004)
MISCELLANEOUS DOCUMENT stip for ext of disc obo D to KFD (Entered: 05/19/2004)
15 SCHEDULING ORDER ORDER disc ext: DISC DUE 12/10/04; MTNS DUE 1/10/05; JT PTO DUE 2/11/05. cpys dist. (Entered: 05/24/2004)
16 MOTION FOR MISCELLANEOUS RELIEF MOTION to quash subpoenas re Constance Damian's mental & medical health recrds & personnel recrds obo P (m) (DISPO:GRANTED #19; (Entered: 05/24/2004)
17 MISCELLANEOUS HEARING ENE hrng hld 5/25/04 bfr LRL: ORDER disc dealine shall be ext to 7/2/04 for purpose of conducting and completing the depositns of Scott Venezia, Wendy Spaur & Liz Winterheinsen; telephonic status hrng set for 7/2/04 @11am; P to initi (Entered: 05/26/2004)
18 NOTICE OF APPEARANCE obo P atty Connie Liem (m) (Entered: 07/14/2004)
19 ORDER ORD mtn to quash subpoena (#16) is GRANTED. cpys dist. (Entered: 09/13/2004)
20 STATUS REPORT obo P (m) (cpy RCJ/PAL) (Entered: 10/17/2004)
21 ORDER ORD ptys shl file PTO NLT 3/16/05, (see doc). cpys dist. (Entered: 03/02/2005)
22 STATUS REPORT by parties. (nss) (cc RCJ, PAL) (Entered: 03/16/2005)
23 ORDER ORD pty shl file jt pto or stip dismissing case NLT 4/22/05, (see doc). cpys dist. (Entered: 04/08/2005)
24 NOTICE OF CHANGE OF ADDRESS by Dfts cnsl. (s) (Entered: 04/18/2005)

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MISCELLANEOUS DOCUMENT (proposed) consent decree - RCJ (Entered: 04/20/2005)
25 MOTION FOR MISCELLANEOUS RELIEF for additional time to file stip for dismissal obo P (nss) (DISPO:MOOT #26; (Entered: 04/25/2005)
26 ORDER ORD consent decree is GRANTED, actn is dismissed, (see doc). cpys dist. (Entered: 04/28/2005)

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