IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

PRAXAIR SURFACE TECHNOLOGIES, INC.,)

)

Defendant.

)

)

CIVIL ACTION NO. COMPLAINT
JURY TRIAL DEMAND

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 to provide appropriate

relief to Judy Kebler who was adversely affected by such practices.

As stated with greater particularity in the Statement of Claims

below, the Commission alleges that Judy Kebler was denied promotions

by Praxair Surface Technologies, Inc. because of her sex.

JURISDICTION AND VENUE

1. Jurisdiction of this Court is invoked pursuant to 28

U.S.C. §§ 451, 1331, 1337, 1343 and 1345. This action is authorized

and instituted pursuant to Section 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) ("Title VII"), and Section 102 of the Civil Rights

act of 1991, 42 U.S.C. § 1981a.

2. The employment alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Western District of Missouri.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), 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, Praxair Surface Technologies, Inc. (“Praxair”), has continuously been a Delaware corporation doing business in the State of Missouri and the City of Kansas City and has continuously had at least 15 employees. 5. At all relevant times, Praxair 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, Judy Kebler filed a charge with the Commission alleging violations of Title VII by Defendant Praxair. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least September 30, 1996, Defendant Praxair has

engaged in the following unlawful employment practices at its Kansas City, Missouri facility, in violation of Section 703(a) of Title VII, 42 U.S.C. § 2000e-2(a).
(a) On or about September 30, 1996, Praxair unlawfully failed to promote Kebler into a Quality Technician position, for which she was qualified and had applied, because of her sex (female).
(b) On or about January 17, 1997, Praxair unlawfully failed to promote Kebler into a Team Leader Trainee position, for which she was qualified and had applied, because of her sex.
8. The effect of the practices complained of in paragraph 7 above has been to deprive Kebler of equal employment opportunities and otherwise adversely affect her status as an employee because of her sex.
9. The unlawful employment practices complained of in paragraph 7 above were intentional.
10. The unlawful employment practices complained of in paragraphs 7 above were done with malice or with reckless indifference to the federally protected rights of Kebler.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Praxair, its

officers, successors, assigns, and all persons in active concert or participation with it, from engaging in sex discrimination and any other employment practice which discriminates on the basis of sex.
B. Order Praxair to institute and carry out policies, practices, and programs which provide equal employment opportunities for women, and which eradicate the effects of its past and present unlawful employment practices.
C. Order Praxair to make whole Kebler by providing appropriate backpay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to promotion of Kebler.
D. Order Praxair to make whole Kebler by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, in amounts to be determined at trial.
E. Order Praxair to make whole Kebler by providing compensation for past and future nonpecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, including emotional pain, suffering and humiliation, in amounts to be determined at trial.
F. Order Praxair to pay Kebler punitive damages for its malicious and reckless conduct described in paragraph 7 above, in amounts to be determined at trial.

G. Grant such further relief as the Court deems necessary and proper in the public interest.
H. 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, C. GREGORY STEWART General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel

s/Robert G. Johnson ROBERT G. JOHNSON Regional Attorney

s/Barbara A. Seely BARBARA A. SEELY Supervisory Trial Attorney

s/Melvin D. Kennedy MELVIN D. KENNEDY MO Bar No. 40430 Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
St. Louis District Office 1222 Spruce, Room 8.100 St. Louis, MO 63103 (314) 539-7915

s/Andrea G. Baran

ANDREA G. BARAN,

`

MO Bar No.46520

Trial Attorney

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Kansas City Area Office Gateway Tower II 4th & State Avenue, 9th floor Kansas City, Kansas 66101 (913) 551-6613

 
 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

vs.

)

)

PRAXAIR SURFACE TECHNOLOGIES, )

INC.

)

)

Defendant.

)

No. 00-0092 CV-W-2-ECF

ORDER

Based upon the parties’ Stipulated Motion for the entry of an Order allowing

Plaintiff to dismiss a specific allegation stated in its Complaint, and it appearing to

the Court that sufficient cause exists for the issuance of such an Order,

IT IS HEREBY ORDERED as follows:

1. Plaintiff’s allegation stated in the Complaint’s paragraph 7(a) that on or

about September 30, 1996, Praxair unlawfully failed to promote Judy Kebler into a

Quality Technician position, for which she was qualified and had applied, because of

her sex, is hereby dismissed with prejudice; and

2. Each party shall bear its own costs and attorneys fees related to

litigation of the allegation dismissed herein.

Dated: February 7, 2001 Kansas City, Missouri

/s/ FERNANDO J. GAITAN, JR. Fernando J. Gaitan, Jr. United States District Judge

 
 IN THE WESTERN DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, v. PRAXAIR SURFACE TECHNOLOGIES,
Defendant.

) ) ) ) ) ) No. 00-0092-CV-W-2-ECF ) ) ) ) )

ORDER

Pending before the Court is defendant Praxair Surface Technologies’

(“Praxair”) Motion for Summary Judgment (Doc. # 57). In this case the Equal

Employment Opportunity Commission (“EEOC”) alleges that Praxair impermissibly

discriminated against Judy Kebler (“Kebler”) on account of her sex in violation of

Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e, et seq. Specifically,

EEOC maintains that Praxair failed to promote Kebler to two positions for which she

applied in1997.

According to Fed. R. Civ. P. 56(c), summary judgment shall be rendered if the

"pleadings, depositions, answers to interrogatories, and admissions on file, together

with the affidavits, if any, show that there is no genuine issue as to any material fact

1

and that the moving party is entitled to judgment as a matter of law." The moving party bears this burden of proof. Adickes v. S.H. Kress & Co., 398 U.S. 144, 157 (1970). If the moving party meets the initial burden, then the non-moving party is required to go beyond the pleadings and designate specific facts showing there is a genuine issue for trial. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). In Matsushita Electric Industrial Co. Ltd. v. Zenith Radio Corp., 475 U.S. 574, 586 (1986), the Court emphasized that the party opposing summary judgment “must do more than simply show that there is some metaphysical doubt as to the material facts” in order to establish a genuine issue of fact sufficient to warrant trial. A genuine issue of material fact exists when: (1) there is a dispute of fact; (2) the disputed fact is material to the outcome of the case; and (3) the dispute is genuine. Anderson, 477 U.S. at 248. Whether a disputed fact is material is determined by “the substantive law that is to be applied.” Id. The dispute is genuine if the non-moving party had produced evidence such that a reasonable jury could return a verdict for that party. Id. In reviewing the motion for summary judgment, the Court must view the facts in the light most favorable to the adverse party and allow the adverse party the benefit of all reasonable inferences to be drawn from the evidence. Adickes, 398 U.S. at 157.
The EEOC asserts that Praxair discriminated against Kebler when its selection committee based its decision not to promote her on the fact that she is a woman.
2

Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against any individual with respect to his compensation, terms, conditions, or privileges of employment; because of such individual’s race, color, religion, sex or national origin. Such discrimination extends beyond terms and conditions in the “narrow contractual sense” and includes discriminatory harassment so severe or pervasive as to alter the conditions of employment and create a hostile working environment.
Carter v. Chrysler Corp., 173 F.3d 693, 700 (8th Cir. 1999) (internal citations
omitted). In this case plaintiff has alleged no direct evidence1 of sex discrimination
by a decisionmaker and therefore the Court applies the burden shifting analysis
articulated in McDonald Douglas v. Green, 411 U.S. 792, 802 (1973). Under
McDonald Douglas, the EEOC is required to demonstrate a prima facie case of
discrimination. If successful, the burden shifts to defendant to show a legitimate
nondiscriminatory reason for deciding not to promote Kebler. Id. If the plaintiff fails
to establish a prima facie case of discrimination, then the Court’s analysis ends, and
summary judgment is granted in favor of the defendant. Newton v. Caldwell
Laboratories, 156 F.3d 880, 881 (8th Cir. 1998).
1 “In differentiating between direct and indirect evidence of [] discrimination, we must, in part, distinguish comments which demonstrate a discriminatory animus in the decisional process from stray remarks in the workplace, statements by nondecisionmakers, or statements by decisionmakers unrelated to the decisional process.” Breeding v. Arthur Gallagher and Co., 164 F.3d 1151, 1157 (8th Cir. 1999) (citing Fast v. Southern Union Co., 149 F.3d 885, 889 (8th Cir. 1998)). In the instant case, the evidence is indirect because plaintiff has alleged no facts directly supporting discriminatory animus in the decisional process.
3

To establish a prima facie case for failure to promote on account of sex, the EEOC must prove that Kebler: (1) was in a protected class; (2) met the applicable job qualifications and applied for the position; (3) was not promoted; and (4) a similarly situated employee, who was not a member of the protected group, was promoted instead. See Austin v. Minnesota Mining and Mfg. Co., 193 F.3d 992, 995 (8th Cir. 1999); see also O’Connor v. Consolidated Coin Caterers Corp., 517 U.S. 308 (1996).
Once the EEOC demonstrates a prima facie case of discrimination, the burden shifts to Praxair to show a legitimate nondiscriminatory reason for its decision not to promote Kebler. See Texas Dep’t of Community Affairs v. Burdine, 450 U.S. 248, 253 (1981). If defendant is able to support that a legitimate nondiscriminatory reason exists for its decision, the burden shifts back to plaintiff who must establish that the proffered reason is pretextual. Bassett v. City of Minneapolis, 211 F.3d 1097 (8th Cir. 2000).
The Court has considered all the information submitted by the parties in making its decision and concludes that genuine issues of material fact remain in this case. See id. at 1099. These issues concern whether the EEOC has established a prima facie case2 with respect to the Compressor Blades Team Leader position, and
2 The Court does not address whether plaintiff proved the second element of a prima facie case of failure to promote (that Kebler met the job’s qualifications)
4

whether Praxair’s proffered reasons for failing to promote plaintiff were pretextual. Consequently, it is ORDERED that Praxair’s Motion for Summary Judgment is hereby DENIED.
It is SO ORDERED. /s/ FERNANDO J. GAITAN, JR. Fernando J. Gaitan, Jr. United States District Judge
Dated: March 15, 2001 Kansas City, Missouri
because defendant stipulated to this element “for purposes of summary judgment.” See Suggestions in Support of Defendant’s Motion for Summary Judgment, p. 26 fn. 7 (Doc. # 58).
5

 
 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff, v.

NO. 00-0092 CV-W-2-ECF

PRAXAIR SURFACE TECHNOLOGIES, INC.

Defendant.

CONSENT DECREE

Plaintiff, Equal Employment Opportunity Commission (the

"EEOC"), has instituted this action alleging that Defendant,

Praxair Surface Technologies, Inc. (" Praxair"), twice failed to

promote Judy Kebler because of her sex in violation of Title VII

of the Civil Rights Act of 1964, as amended, 42 U.S.C. Section

2000e et~. (hereinafter "Title VII"). The EEOC subsequently

dismissed one of its allegations that Praxair failed to promote

Kebler because of her sex.

For purposes of settlement and compromise only, the parties

have advised the Court that they wish to resolve the instant

controversy without the expense, delay, and burden of further

litigation;

THEREFORE, it is the finding of this Court, made on the

pleadings and on the record as a whole and upon agreement of the

parties, that: (i) this Court has jurisdiction over the parties

to and the subject matter of this action; (ii) the requirements

of Title VII will be carried out by the implementation of this Decree; (iii) this Decree is intended to and does resolve all matters in controversy in this lawsuit among the parties; and (iv) the terms of this Decree constitute a fair and equitable settlement of all issues in this lawsuit.
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED as follows: I. General Provisions
1. This Decree, being entered with the consent of the parties for purposes of settlement, shall not constitute an adjudication on the merits of this lawsuit and shall not be construed as an admission by Defendant of any violation of Title VII or any executive order, law, rule or regulation dealing with or in connection with sex discrimination in employment, or retaliation for opposing unlawful employment practices.
2. Defendant shall not discriminate with respect to any terms or conditions of employment on the basis of sex or subject any employee to sex discrimination.
3. Defendant shall not discriminate or take any adverse employment action against any person because he or she: (a) has opposed any practices alleged in this lawsuit as unlawful under Title VII; (b) has participated in any investigation conducted under Title VII connected with or leading up to this lawsuit; (c) has participated in this lawsuit; or (d) has benefitted or will benefit in any way as a result of this Consent Decree.
2

II. Relief for Charging Party l. Defendant will pay a total of $30 / 200 ("Settlement Sum") I including $25 / 000 for payment of alleged economic and noneconomic injuries and damages I other than lost wages l $5 / 000 for alleged backpay damages I less the employee/s share of applicable federal I state and any other required withholdings l and $200 for attorneys fees for Kebler to obtain legal advice concerning a Release to be provided by Defendant. Defendant/s agreement to pay the Settlement Sum is dependant upon Kebler executing the Release. Within 10 days after entry of this Consent Decree l Defendant will mail the check(s) in the amount of the Settlement Sum to Kebler at her current home address. 2. Defendant will also send a copy of the check(s) mailed to Kebler l as described in Part III paragraph 1 above I to the EEOC/s Regional Attorney in its St. Louis District Office.
III. Posting and Policies 1. Defendant shall post and cause to remain posted copies of the "Notice to Employees" attached hereto as Exhibit AI in locations publicly visible to all employees in its Kansas CitYI Missouri facility for a period of one (1) year l starting from the date of entry of this Decree. 2. Defendant shall post and cause to remain posted the posters required to be displayed in the workplace by EEOC
3

regulation 29 C.F.R. §1601.30 in all facilities owned and operated by Defendant.
IV. Leadership Training 1. Praxair shall offer leadership training on an annual basis during the fourth quarter of 2001 and 2002. The course shall be offered one day a week for two hours over the course of four consecutive weeks. The classes shall be held at a time that would be convenient for both day and evening shift employees to attend. Both day shift employees and evening shift employees, who attend the classes, shall be compensated at either their regular wage rate or an overtime rate, or a combination of both, depending upon when the classes are scheduled. The course shall cover the following topics:
a) Understanding Praxair Aviation Services. b) Leadership and Management Skills. c) Job Advancement. d) The importance of equal employment opportunities
in the workplace. e) Individual Skills Assessments and Feedback. 2. Defendant shall make efforts to encourage female employees to attend the leadership training course. 3. Within forty-five (45) days of completion of each leadership training course described above, Defendant shall prepare and submit to the EEOC's Regional Attorney in its St.
4

Louis District Office a letter affirming that the training has been completed.
v. Reporting, Record-keeping, and Access
1. During the effective period of this Decree, Defendant shall, within thirty (30) days of such complaint, provide written notification to the EEOC's Regional Attorney in its St. Louis District Office of any internal complaint of disparate treatment in hiring, termination or promotion, that Defendant understands, in good faith, to be a complaint of sex discrimination made by any employee, including the name(s) of the complaining employee(s), a description of the investigation of the complaint(s), the finding of the investigation and a description of action taken and/or resolution of the complaint(s).
2. Within forty-five (45) days of the entry of this Decree, Defendant shall prepare and submit to the EEOC's Regional Attorney in its St. Louis District Office a letter affirming that the notice has been posted and that the posters have been posted as required by Section III, above.
3. Defendant shall each six months for a period of two years, starting from the date of entry of this Decree, prepare and submit to the EEOC's Regional Attorney in its St. Louis District Office a letter identifying the following with regard to each Team Leader position Defendant has posted:
5

a) The name, sex and number of years of experience at the plant of each applicant;
b) The name of the applicant selected for each position;
c) The name and title of each decision-maker, interviewer or selection committee member. VI. Term and Effect of Decree
1. By entering into this Decree, the parties do not intend to resolve any charges of discrimination currently pending before the EEOC other than the charge that created the procedural foundation for the complaint in this case.
2. Except as set forth in paragraph 3, below, this Decree shall be binding upon the parties hereto, their successors and assigns. Defendant shall affirmatively notify any purchasers of the obligations of this Decree prior to any sale which may take place.
3. This Decree shall be in effect for a period of two (2) years and can only be extended for good cause shown. During the Decree's term, the Court shall retain jurisdiction of this cause for purposes of compliance.
4. Each party shall bear that party's own costs and attorneys' fees.
6

DATE:
5"-//- 0/
BY CONSENT: FOR DEFENDANT:

FERNANDO . GAIT UNITED STA"F-E_E2__
JUN 04 2001
FOR PLAINTIFF:

Michael Puett Plant Manager Praxair Surface Technologies, Inc. Kansas City, Missouri

Regional
BLf"'J SEELY
Supervisory Trial Attorney
~Y' Senior Trial Attorney St. Louis District Office Robert A. Young Federal Bldg. 1222 Spruce, Room 8.100 St. Louis, MO 63103 (314) 539-7915
~~ REAjG.J BARA. N, ~
Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Kansas City Area Office Gateway Tower II 4th & State Avenue, 9th floor Kansas City, Kansas 66101 (913) 551-6647

7

(Praxair letterhead) NOTICE TO EMPLOYEES
This Notice is being posted as part of a remedy agreed to pursuant to a Consent Decree entered in the case of Equal Employment Opportunity Commission (EEOC) v. Praxair Surface Technologies, Inc., Case No. 00-0092-CV-W-2-ECF, on file in the Federal District Court for the Western District of Missouri, Kansas City, Missouri.
Federal law prohibits discrimination against any employee or applicant for employment because of the individual's race, national origin, color, religion, sex, disability or age (forty and over) with respect to hiring, promotion, firing, compensation, or other terms, conditions or privileges of employment. It also prohibits sexual harassment of employees and retaliation against employees because they have opposed practices they believe discriminate or are unlawful on the basis of race, national origin, color, religion, sex, disability or age (forty and over) or because they have filed charges with the EEOC or participated in or cooperated with an EEOC investigation.
Praxair supports and will comply with such Federal law in all respects and will not take any action against employees because they have exercised their rights under the law. Specifically, Praxair will not tolerate discrimination against any employee, with regard to the terms and conditions employment or opportunities for promotion, because of his or her sex. Furthermore, Praxair will not tolerate retaliation against any employee because an employee reports, protests or opposes any employment practice which is believed by such employee to be unlawful under Federal law.
Employees should report instances of disparate treatment in hiring, termination or promotion they perceive as sex discrimination to any management official at any time. Praxair has established policies and procedures to investigate promptly any such reports and to protect the employee(s) making such reports from retaliation. In addition to reporting any perceived sex discrimination to Praxair, employees also should feel free to make complaints about gender discrimination or' retaliation to the Office of the Regional Attorney, United States Equal Employment Opportunity Commission, at 1222 Spruce, 8th Floor, Room 8.100, St. Louis Missouri, 63108 (Attention: Melvin D. Kennedy, Trial Attorney) or by telephone at (314) 539-7915.

Exhibit A

Plant Manager

 
 CM/ECF Western District of Missouri - Docket Report

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EAPADMIN, TERMED
U.S. District Court United States District Court for the Western District of Missouri (Kansas City)
CIVIL DOCKET FOR CASE #: 4:00-cv-00092-FJG

Equal Employment Opportunity Commission v. Praxair Surface Technologies, Inc Assigned to: Chief District Judge Fernando J. Gaitan, Jr Cause: 42:2000 Job Discrimination (Sex)

Date Filed: 01/27/2000 Date Terminated: 06/05/2001 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Defendant

Plaintiff
Equal Employment Opportunity Commission

represented by Andrea G. Baran US Equal Employment Opportunity Comm 400 State Ave. Suite 905 Kansas City, KS 66101 (913)551-5848 Fax: (913)551-6957 Email: andrea.baran@eeoc.gov ATTORNEY TO BE NOTICED

Helaina Bardunias Gunster, Yoakley & Stewart, PA Broward Finanacial Centre Ste. 1400 500 East Broward Boulevard Fort Lauderdale, FL 33394 (954) 468-1475 Email: hbardunias@stinson.com ATTORNEY TO BE NOTICED

Melvin D. Kennedy Equal Employment Opportunity Commission 1222 Spruce Street Rm 8.100 St Louis, MO 63103 (314)7915 Fax: (314)539-7895 Email: melvin.kennedy@eeoc.gov ATTORNEY TO BE NOTICED

V. Defendant

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Praxair Surface Technologies, Inc

represented by Helaina Bardunias (See above for address) ATTORNEY TO BE NOTICED
Jay Paul Yancey Kutak Rock, LLP 1010 Grand Blvd. Suite 500 Kansas City, MO 64106 (816) 502-4606 Fax: (816) 960-0041 Email: jay.yancey@kutakrock.com ATTORNEY TO BE NOTICED
Melvin D. Kennedy (See above for address) ATTORNEY TO BE NOTICED
Paul E. Donnelly Stinson Morrison Hecker, LLP-Walnut 1201 Walnut Street Suite 2900 Kansas City, MO 64106-6251 (816)691-3107 Fax: (816)691-3495 Email: pdonnelly@stinson.com ATTORNEY TO BE NOTICED

Date Filed 01/27/2000
02/02/2000 02/29/2000 04/03/2000
04/05/2000

#

Docket Text

1 COMPLAINT against Praxair Surface Technologies, Inc. filed by Andrea G. Baran of US Equal Employment Opportunity Comm on behalf of Equal Employment Opportunity Commission. Receipt #0.(Baran, Andrea) (Entered: 01/27/2000)
2 Notice of EAPADMIN.(Mason, April) (Entered: 02/02/2000)
3 WAIVER OF SUMMONS RECEIVED by EEOC Answer due by 3/6/2000, filed by Melvin D Kennedy of EEOC on behalf of Equal Employment Opportunity Commission.(Kuhl, Carol) (Entered: 02/29/2000)
4 ANSWER to complaint (Related Doc # 1) Answer of Defendant Praxair Surface Technologies,Inc. To Plaintiff's Complaint filed by Jay Paul Yancey of Stinson, Mag & Fizzell on behalf of Praxair Surface Technologies, Inc.(Yancey, Jay) (Entered: 04/03/2000)
5 ORDER by Judge Gaitan with scheduling teleconference to be held on 5/11/2000 at 09:30 AM; proposed scheduling order due by 5/8/2000. (Enss, Rhonda) (Entered: 04/05/2000)

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05/02/2000 05/04/2000 05/05/2000 05/11/2000
05/25/2000 06/02/2000 06/23/2000 07/26/2000 07/26/2000 07/27/2000 08/14/2000
08/14/2000 08/18/2000

6 ATTORNEY APPEARANCE and Substitution of Counsel filed by Helaina Bardunias on behalf of Praxair Surface Technologies, Inc.(Bardunias, Helaina) (Entered: 05/02/2000)
7 Joint PROPOSED SCHEDULING ORDER And Discovery Plan filed by Andrea G. Baran on behalf of Equal Employment Opportunity Commission.(Baran, Andrea) (Entered: 05/04/2000)
8 Consent PROPOSED SCHEDULING ORDER filed by Helaina Bardunias on behalf of Praxair Surface Technologies, Inc.(Bardunias, Helaina) (Entered: 05/05/2000)
9 SCHEDULING and Trial ORDER by Judge Gaitan with discovery due by 12/15/2000; accelerated jury trial to be held on 4/2/2001 at 09:00AM at Courtroom 7C, Kansas City; summary judgment motions due by 1/16/2001. (Enss, Rhonda) (Entered: 05/11/2000)
10 NOTICE OF FILING Certificate of Service for Initial Disclosures filed by Helaina Bardunias on behalf of Praxair Surface Technologies, Inc.(Bardunias, Helaina) (Entered: 05/25/2000)
11 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Melvin D. Kennedy of Equal Employment Opportunity Commission on behalf of all plaintiffs.(Kennedy, Melvin) (Entered: 06/02/2000)
12 CERTIFICATE OF SERVICE of Defendant's First interrogatories to Plaintiff filed by Helaina Bardunias on behalf of Praxair Surface Technologies, Inc.(Bardunias, Helaina) (Entered: 06/23/2000)
13 CERTIFICATE OF SERVICE filed by Melvin D. Kennedy of Equal Employment Opportunity Commission on behalf of Equal Employment Opportunity Commission.(Kennedy, Melvin) (Entered: 07/26/2000)
14 CERTIFICATE OF SERVICE for Mark Townsend deposition filed by Melvin D. Kennedy of Equal Employment Opportunity Commission on behalf of Equal Employment Opportunity Commission.(Kennedy, Melvin) (Entered: 07/26/2000)
15 NOTICE OF DEPOSITION of Judy Kebler on August 3, 2000 filed by Helaina Bardunias on behalf of Praxair Surface Technologies, Inc.(Bardunias, Helaina) (Entered: 07/27/2000)
16 CERTIFICATE OF TRANSMISSION OF DEPOSITION of Mark Townsend filed by Equal Employment Opportunity Commission on behalf of Equal Employment Opportunity Commission.(Honeycutt, Cassaundra) (Entered: 08/16/2000)
17 CERTIFICATE OF TRANSMISSION OF DEPOSITION of Judy Kebler filed by Paul E. Donnelly of Stinson, Mag & Fizzell, P.C. on behalf of Praxair Surface Technologies, Inc.(Larson, Susan) (Entered: 08/17/2000)
18 CERTIFICATE OF SERVICE filed by Melvin D. Kennedy of Equal Employment Opportunity Commission on behalf of Equal Employment Opportunity Commission.(Kennedy, Melvin) (Entered: 08/18/2000)

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08/18/2000 08/21/2000 09/20/2000 09/25/2000
10/19/2000 10/27/2000 11/08/2000 11/08/2000 11/08/2000 11/08/2000 11/08/2000 11/08/2000 11/13/2000 11/15/2000 11/27/2000

19 CERTIFICATE OF SERVICE filed by Melvin D. Kennedy of Equal Employment Opportunity Commission on behalf of Equal Employment Opportunity Commission.(Kennedy, Melvin) (Entered: 08/18/2000)
20 CERTIFICATE OF SERVICE of Defendant's First Request for Production of Documents filed by Helaina Bardunias on behalf of Praxair Surface Technologies, Inc.(Bardunias, Helaina) (Entered: 08/21/2000)
21 CERTIFICATE OF SERVICE filed by Helaina Bardunias on behalf of Praxair Surface Technologies, Inc.(Bardunias, Helaina) (Entered: 09/20/2000)
22 CERTIFICATE OF SERVICE FOR PLAINTIFF'S RESPONSES TO DEFENDANT'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS filed by Melvin D. Kennedy of Equal Employment Opportunity Commission on behalf of Equal Employment Opportunity Commission.(Kennedy, Melvin) (Entered: 09/25/2000)
23 Joint MOTION for protective order on behalf of all parties.(Kennedy, Melvin) (Entered: 10/19/2000)
24 NOTICE OF ENDORSEMENT (related document(s)23) filed by Helaina Bardunias on behalf of Praxair Surface Technologies, Inc.(Bardunias, Helaina) (Entered: 10/27/2000)
25 CERTIFICATE OF SERVICE for Mike Puett deposition filed by Melvin D. Kennedy of Equal Employment Opportunity Commission on behalf of Equal Employment Opportunity Commission.(Kennedy, Melvin) (Entered: 11/08/2000)
26 CERTIFICATE OF SERVICE for Keith Kuttenkuler deposition filed by Melvin D. Kennedy of Equal Employment Opportunity Commission on behalf of Equal Employment Opportunity Commission.(Kennedy, Melvin) (Entered: 11/08/2000)
27 CERTIFICATE OF SERVICE for Dale Groom deposition filed by Melvin D. Kennedy of Equal Employment Opportunity Commission on behalf of Equal Employment Opportunity Commission.(Kennedy, Melvin) (Entered: 11/08/2000)
28 CERTIFICATE OF SERVICE for Robert Archer deposition filed by Melvin D. Kennedy of Equal Employment Opportunity Commission on behalf of Equal Employment Opportunity Commission.(Kennedy, Melvin) (Entered: 11/08/2000)
29 CERTIFICATE OF SERVICE for John McHale deposition filed by Melvin D. Kennedy of Equal Employment Opportunity Commission on behalf of Equal Employment Opportunity Commission.(Kennedy, Melvin) (Entered: 11/08/2000)
30 CERTIFICATE OF SERVICE for Brian Rassmussen deposition filed by Melvin D. Kennedy of Equal Employment Opportunity Commission on behalf of Equal Employment Opportunity Commission.(Kennedy, Melvin) (Entered: 11/08/2000)
31 ORDER by Judge Gaitan granting joint motion for protective order (Related Doc # 23). (Enss, Rhonda) (Entered: 11/13/2000)
32 Joint MOTION for extension of time of Scheduling Order on behalf of Praxair Surface Technologies, Inc.(Bardunias, Helaina) (Entered: 11/15/2000)
33 Order by Judge Gaitan granting and denying joint motion for extension of scheduling order (#32) and AMENDED SCHEDULING ORDER - discovery due

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12/11/2000 12/11/2000 12/26/2000 12/26/2000 12/26/2000 12/26/2000 12/26/2000 12/26/2000 01/04/2001 01/04/2001

by 1/12/2001, summary judgment motions due by 2/1/2001, accelerated jury trial week of 4/2/01 thru 4/16/01. (Enss, Rhonda) (Entered: 11/27/2000)
34 CERTIFICATE OF SERVICE for Plaintiff's 2nd Reqest for Production of Documents Directed to Defendant filed by Melvin D. Kennedy of Equal Employment Opportunity Commission on behalf of Equal Employment Opportunity Commission.(Kennedy, Melvin) (Entered: 12/11/2000)
35 CERTIFICATE OF SERVICE for Plaintiff's 2nd Interrogatories Directed to Defendant filed by Melvin D. Kennedy of Equal Employment Opportunity Commission on behalf of Equal Employment Opportunity Commission.(Kennedy, Melvin) (Entered: 12/11/2000)
36 CERTIFICATE OF TRANSMISSION OF DEPOSITION of Brian Rasmussen filed by Melvin D. Kennedy of Equal Employment Opportunity Commission on behalf of Equal Employment Opportunity Commission.(Honeycutt, Cassaundra) (Entered: 12/26/2000)
37 CERTIFICATE OF TRANSMISSION OF DEPOSITION of John P. McHale filed by Melvin D. Kennedy of Equal Employment Opportunity Commission on behalf of Equal Employment Opportunity Commission.(Honeycutt, Cassaundra) (Entered: 12/26/2000)
38 CERTIFICATE OF TRANSMISSION OF DEPOSITION of Robert C. Archer filed by Melvin D. Kennedy of Equal Employment Opportunity Commission on behalf of Equal Employment Opportunity Commission.(Honeycutt, Cassaundra) (Entered: 12/26/2000)
39 CERTIFICATE OF TRANSMISSION OF DEPOSITION of Keith Kuttenkuler filed by Melvin D. Kennedy of Equal Employment Opportunity Commission on behalf of Equal Employment Opportunity Commission.(Honeycutt, Cassaundra) (Entered: 12/26/2000)
40 CERTIFICATE OF TRANSMISSION OF DEPOSITION of Dale Groom filed by Melvin D. Kennedy of Equal Employment Opportunity Commission on behalf of Equal Employment Opportunity Commission.(Honeycutt, Cassaundra) (Entered: 12/26/2000)
41 CERTIFICATE OF TRANSMISSION OF DEPOSITION of Michael D. Puett filed by Melvin D. Kennedy of Equal Employment Opportunity Commission on behalf of Equal Employment Opportunity Commission.(Honeycutt, Cassaundra) (Entered: 12/26/2000)
42 CERTIFICATE OF SERVICE of notice of deposition of Frank Galvin filed by Melvin D. Kennedy of Equal Employment Opportunity Commission on behalf of Equal Employment Opportunity Commission.(Kennedy, Melvin) Modified on 1/9/2001 to correct name of pleading and delete blank page (Kendall, Shelly). (Entered: 01/04/2001)
43 CERTIFICATE OF SERVICE OF notice of deposition of Phil Brown filed by Melvin D. Kennedy of Equal Employment Opportunity Commission on behalf of Equal Employment Opportunity Commission.(Kennedy, Melvin) Modified on 1/9/2001 to correct name of pleading and delete blank page (Kendall, Shelly). (Entered: 01/04/2001)

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01/04/2001
01/11/2001 01/12/2001 01/18/2001 01/19/2001 01/23/2001 01/24/2001
01/24/2001 01/24/2001 01/26/2001 01/29/2001
01/29/2001

44 CERTIFICATE OF SERVICE of notice of deposition of Lloyd Moorehead filed by Melvin D. Kennedy of Equal Employment Opportunity Commission on behalf of Equal Employment Opportunity Commission.(Kennedy, Melvin) Modified on 1/9/2001 to correct name of pleading and delete blank page (Kendall, Shelly). (Entered: 01/04/2001)
45 CERTIFICATE OF SERVICE filed by Helaina Bardunias on behalf of Praxair Surface Technologies, Inc.(Bardunias, Helaina) (Entered: 01/11/2001)
46 MOTION for leave to file Statement of Affirmative Defenses Out of Time and Suggestions in Support on behalf of Praxair Surface Technologies, Inc.(Bardunias, Helaina) (Entered: 01/12/2001)
47 MOTION for leave to file Designation of Discriminatory Incidents Out of Time on behalf of Equal Employment Opportunity Commission.(Kennedy, Melvin) (Entered: 01/18/2001)
Remark - #48 deleted, document can not be filed until Motion (#47) has been ruled on.(Honeycutt, Cassaundra) (Entered: 01/19/2001)
48 ORDER Requiring Certification of Completion of Discovery. (Enss, Rhonda) (Entered: 01/23/2001)
49 Order by Judge Gaitan granting plaintiff's motion for leave to file designation of discriminatory incidents out of time (#47); granting defendant's motion for leave to file statement of affirmative defenses out of time; and Second AMENDED SCHEDULING and Trial ORDER - discovery closes 1/12/01; summary judgment motions due 2/1/01; and accelerated jury trial 4/2/01. (Enss, Rhonda) (Entered: 01/24/2001)
50 DESIGNATION of Discriminatory Incidents filed by Melvin D. Kennedy of Equal Employment Opportunity Commission on behalf of Equal Employment Opportunity Commission.(Kennedy, Melvin) (Entered: 01/24/2001)
51 Joint MOTION for order For An Order Allowing Plaintiff to Dismiss Allegation Stated in Complaint on behalf of Equal Employment Opportunity Commission.(Kennedy, Melvin) (Entered: 01/24/2001)
52 NOTICE OF ENDORSEMENT (related document(s)51) filed by Helaina Bardunias on behalf of Praxair Surface Technologies, Inc.(Bardunias, Helaina) (Entered: 01/26/2001)
53 CERTIFICATE OF TRANSMISSION OF DEPOSITION of Lloyd Kenneth Moorehead taken on behalf of the plaintiff, January 11, 2001, $489.40 paid by the plaintiff filed by Melvin D. Kennedy of Equal Employment Opportunity Commission on behalf of Equal Employment Opportunity Commission.(Mason, April) (Entered: 01/30/2001)
54 CERTIFICATE OF TRANSMISSION OF DEPOSITION of Phillip Brown taken on behalf of the plaintiff, on January 10, 2001, $401.55 paid by plaintiff filed by Melvin D. Kennedy of Equal Employment Opportunity Commission on behalf of Equal Employment Opportunity Commission.(Mason, April) (Entered: 01/30/2001)

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01/29/2001
01/31/2001 02/01/2001 02/01/2001 02/01/2001 02/01/2001 02/01/2001
02/02/2001 02/02/2001 02/02/2001 02/02/2001 02/02/2001 02/02/2001

55 CERTIFICATE OF TRANSMISSION OF DEPOSITION of Frank Galvan taken on behalf of the plaintiff, on January 12, 2001, $321.20 paid by plaintiff filed by Melvin D. Kennedy of Equal Employment Opportunity Commission on behalf of Equal Employment Opportunity Commission.(Mason, April) (Entered: 01/30/2001)
56 Joint MOTION for extension of time TO DEPOSE WITNESS OUTSIDE OF DISCOVERY DEADLINE (related document(s)49) on behalf of Praxair Surface Technologies, Inc.(Bardunias, Helaina) (Entered: 01/31/2001)
57 MOTION for summary judgment on behalf of Praxair Surface Technologies, Inc.(Donnelly, Paul) (Entered: 02/01/2001)
58 MEMORANDUM and Suggestions in Support of Defendant's Motion for Summary Judgment (related document(s)57) filed by Paul E. Donnelly on behalf of Praxair Surface Technologies, Inc.(Donnelly, Paul) (Entered: 02/01/2001)
59 NOTICE OF FILING Notice of Exhibit Attachment (related document(s)58) filed by Helaina Bardunias on behalf of Praxair Surface Technologies, Inc.(Bardunias, Helaina) (Entered: 02/01/2001)
60 NOTICE OF FILING Affirmative Defenses to Designation of Incidents filed by Helaina Bardunias on behalf of Praxair Surface Technologies, Inc.(Bardunias, Helaina) (Entered: 02/01/2001)
61 NOTICE OF ENDORSEMENT Of Joint Motion For Extention Of Time to Depose Witness Outside The discovery Deadline (related document(s)56) filed by Melvin D. Kennedy of Equal Employment Opportunity Commission on behalf of Equal Employment Opportunity Commission.(Kennedy, Melvin) (Entered: 02/01/2001)
62 PROPOSED WITNESS LIST filed by Melvin D. Kennedy of Equal Employment Opportunity Commission on behalf of Equal Employment Opportunity Commission.(Kennedy, Melvin) (Entered: 02/02/2001)
63 PROPOSED EXHIBIT LIST filed by Melvin D. Kennedy of Equal Employment Opportunity Commission on behalf of Equal Employment Opportunity Commission.(Kennedy, Melvin) (Entered: 02/02/2001)
64 DESIGNATION OF DEPOSITION TESTIMONY filed by Melvin D. Kennedy of Equal Employment Opportunity Commission on behalf of Equal Employment Opportunity Commission.(Kennedy, Melvin) (Entered: 02/02/2001)
65 STIPULATION OF UNCONTROVERTED FACTS filed by Helaina Bardunias, Melvin D. Kennedy on behalf of all parties.(Kennedy, Melvin) (Entered: 02/02/2001)
66 Supplemental PROPOSED WITNESS LIST filed by Melvin D. Kennedy of Equal Employment Opportunity Commission on behalf of Equal Employment Opportunity Commission.(Kennedy, Melvin) (Entered: 02/03/2001)
67 Supplemental PROPOSED EXHIBIT LIST filed by Melvin D. Kennedy of Equal Employment Opportunity Commission on behalf of Equal Employment Opportunity Commission.(Kennedy, Melvin) (Entered: 02/03/2001)

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02/07/2001 02/07/2001 02/07/2001 02/09/2001 02/09/2001 02/09/2001 02/09/2001 02/09/2001 02/12/2001 02/13/2001 02/15/2001 02/15/2001
02/15/2001

68 Order by Judge Gaitan granting joint motion for leave to depose witness outside of discovery deadline (#56) and AMENDED SCHEDULING and Trial ORDER discovery closes 1/12/01; summary judgment motions due 2/1/01; accelerated jury trial 4/2/01. (Enss, Rhonda) (Entered: 02/07/2001)
69 ORDER by Judge Gaitan granting stipulated motion for order (Related Doc # 51) allowing plaintiff to dismiss allegation in paragraph 7(a) of complaint w/prejudice. (Enss, Rhonda) (Entered: 02/07/2001)
70 MOTION for leave to file Amendment to Plaintiff's Exhibit List (related document(s)63, 67) on behalf of Equal Employment Opportunity Commission.(Kennedy, Melvin) (Entered: 02/07/2001)
71 DESIGNATION DEFENDANT'S DEPOSITION DESIGNATIONS filed by Paul E. Donnelly of Stinson, Mag & Fizzell, P.C. on behalf of Praxair Surface Technologies, Inc.(Donnelly, Paul) (Entered: 02/09/2001)
72 DESIGNATION DEFENDANT'S OBJECTIONS TO PLAINTIFF'S DEPOSITION DESIGNATIONS filed by Paul E. Donnelly of Stinson, Mag & Fizzell, P.C. on behalf of Praxair Surface Technologies, Inc.(Donnelly, Paul) (Entered: 02/09/2001)
73 PROPOSED WITNESS LIST DEFENDANT'S WITNESS LIST filed by Paul E. Donnelly of Stinson, Mag & Fizzell, P.C. on behalf of Praxair Surface Technologies, Inc.(Donnelly, Paul) (Entered: 02/09/2001)
74 PROPOSED EXHIBIT LIST filed by Paul E. Donnelly of Stinson, Mag & Fizzell, P.C. on behalf of Praxair Surface Technologies, Inc.(Donnelly, Paul) (Entered: 02/09/2001)
77 PROPOSED WITNESS LIST SEALED filed by Jay Paul Yancey of Stinson, Mag & Fizzell P.C. on behalf of Praxair Surface Technologies, Inc.(Larson, Susan) (Entered: 02/13/2001)
75 MOTION for leave to file excess pages on behalf of Equal Employment Opportunity Commission.(Kennedy, Melvin) Modified on 2/13/2001 to correct document type (Honeycutt, Cassaundra). (Entered: 02/12/2001)
76 ORDER by Judge Gaitan denying plaintiff's motion for excess pages (Related Doc # 75); plaintiff to file suggestions w/i two days of this Order. (Enss, Rhonda) (Entered: 02/13/2001)
78 DESIGNATION of Deposition Testiminy to be Offered by Cross Examination filed by Melvin D. Kennedy of Equal Employment Opportunity Commission on behalf of Equal Employment Opportunity Commission.(Kennedy, Melvin) (Entered: 02/15/2001)
79 SUGGESTIONS IN OPPOSITION to Summary Judgment filed by Melvin D. Kennedy of Equal Employment Opportunity Commission on behalf of Equal Employment Opportunity Commission. Reply Suggestions due by 2/27/2001. (Related motion(s)57) (Other related filing(s) 57) (Kennedy, Melvin) (Entered: 02/15/2001)
80 NOTICE OF FILING Exhibit Attachments (related document(s)79) filed by Melvin D. Kennedy on behalf of Equal Employment Opportunity

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02/23/2001
02/27/2001 02/27/2001 03/02/2001 03/02/2001 03/02/2001 03/06/2001 03/06/2001 03/06/2001
03/06/2001 03/06/2001

Commission.(Kennedy, Melvin) (Entered: 02/15/2001)
81 DEFENDANT'S OBJECTIONS TO PLAINTIFF'S DEPOSITION DESIGNATIONS TO BE OFFERED BY CROSS EXAMINATION filed by Paul E. Donnelly of Stinson, Mag & Fizzell, P.C. on behalf of Praxair Surface Technologies, Inc.(Donnelly, Paul) Modified on 2/26/2001 to correct document type (Honeycutt, Cassaundra). (Entered: 02/23/2001)
82 REPLY SUGGESTIONS DEFENDANT'S REPLY SUGGESTIONS IN SUPPORT OF DEFENDANT'S MOTION FOR SUMMARY JUDGMENT filed by Paul E. Donnelly of Stinson, Mag & Fizzell, P.C. on behalf of Praxair Surface Technologies, Inc. (Related motion(s)57) (Donnelly, Paul) (Entered: 02/27/2001)
83 NOTICE OF FILING OF EXHIBIT ATTACHMENT (related document(s)82) filed by Helaina Bardunias on behalf of Praxair Surface Technologies, Inc.(Bardunias, Helaina) (Entered: 02/27/2001)
84 Amended NOTICE OF FILING NOTICE OF EXHIBIT ATTACHMENT (related document(s)82) filed by Helaina Bardunias on behalf of Praxair Surface Technologies, Inc.(Bardunias, Helaina) (Entered: 03/02/2001)
85 STIPULATION TO IDENTITY AND AUTHENTICATION OF EXHIBITS filed by Paul E. Donnelly on behalf of Praxair Surface Technologies, Inc.(Donnelly, Paul) (Entered: 03/02/2001)
87 Joint PROPOSED JURY INSTRUCTIONS filed by Andrea G. Baran, Helaina Bardunias, Paul E. Donnelly, Melvin D. Kennedy of US Equal Employment Opportunity Comm on behalf of all parties.(Honeycutt, Cassaundra) (Entered: 03/05/2001)
88 NOTICE OF ENDORSEMENT of Stipulation to Identity and Authentication of Exhibits (related document(s)85) filed by Melvin D. Kennedy of Equal Employment Opportunity Commission on behalf of Equal Employment Opportunity Commission.(Kennedy, Melvin) (Entered: 03/06/2001)
Remark- Document #86 deleted as it was the improper document. The proper document was filed as document #87.(Honeycutt, Cassaundra) (Entered: 03/06/2001)
89 NOTICE OF ENDORSEMENT of Joint Proposed Jury Instructions (related document(s)87) filed by Melvin D. Kennedy of Equal Employment Opportunity Commission on behalf of Equal Employment Opportunity Commission.(Kennedy, Melvin) Additional attachment(s) added on 3/7/2001 (Honeycutt, Cassaundra). (Entered: 03/06/2001)
90 PROPOSED JURY INSTRUCTIONS Submitted by Plaintiff EEOC filed by Melvin D. Kennedy of Equal Employment Opportunity Commission on behalf of Equal Employment Opportunity Commission.(Kennedy, Melvin) (Entered: 03/06/2001)
91 NOTICE OF DEPOSITION of Dale Kebler on March 15, 2001 filed by Helaina Bardunias on behalf of Praxair Surface Technologies, Inc.(Bardunias, Helaina) (Entered: 03/06/2001)

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03/06/2001 03/07/2001 03/13/2001 03/13/2001 03/13/2001 03/13/2001 03/13/2001 03/13/2001 03/13/2001 03/15/2001 03/15/2001
03/16/2001 03/20/2001
03/20/2001

92 PROPOSED VOIR DIRE filed by Melvin D. Kennedy of Equal Employment Opportunity Commission on behalf of Equal Employment Opportunity Commission.(Kennedy, Melvin) (Entered: 03/06/2001)
93 ORDER with teleconference to be held on 3/15/2001 (check with court for location).(Honeycutt, Cassaundra) (Entered: 03/08/2001)
94 PROPOSED JURY INSTRUCTIONS filed by Paul E. Donnelly of Stinson, Mag & Fizzell, P.C. on behalf of Praxair Surface Technologies, Inc.(Donnelly, Paul) (Entered: 03/13/2001)
95 PROPOSED VOIR DIRE Defendant's Objections to Plaintiff's Proposed Voir Dire filed by Paul E. Donnelly of Stinson, Mag & Fizzell, P.C. on behalf of Praxair Surface Technologies, Inc.(Donnelly, Paul) (Entered: 03/13/2001)
96 PROPOSED VOIR DIRE of Defendant filed by Paul E. Donnelly of Stinson, Mag & Fizzell, P.C. on behalf of Praxair Surface Technologies, Inc.(Donnelly, Paul) (Entered: 03/13/2001)
97 TRIAL BRIEF by filed by Melvin D. Kennedy of Equal Employment Opportunity Commission on behalf of Equal Employment Opportunity Commission.(Kennedy, Melvin) (Entered: 03/13/2001)
98 MOTION in limine to exclude certain identified but unnumbered exhibits (related document(s)74) on behalf of Equal Employment Opportunity Commission.(Kennedy, Melvin) (Entered: 03/13/2001)
99 MOTION in limine to exclude discussion notes written by Robert Archer and Mark Townsend (related document(s)74) on behalf of Equal Employment Opportunity Commission.(Kennedy, Melvin) (Entered: 03/13/2001)
100 MOTION in limine to exclude certain exhibits and testimony relating to dismissed allegation (related document(s)74) on behalf of Equal Employment Opportunity Commission.(Kennedy, Melvin) (Entered: 03/13/2001)
101 ORDER by Judge Gaitan denying defendant's motion for summary judgment (Related Doc # 57). (Enss, Rhonda) (Entered: 03/15/2001)
102 ORDER by Judge Gaitan continuing jury trial; pretrial teleconference set for 5/24/2001 at 11:30 AM; with jury trial to be held on 5/29/2001 at 08:30 AM at Courtroom 7C, Kansas City (FJG). Parties to submit joint statement of case on or before 5/14/01. (Enss, Rhonda) (Entered: 03/15/2001)
103 ORDER by Judge Gaitan granting plaintiff's motion for leave to (Related Doc # 70) amend exhibit list. (Enss, Rhonda) (Entered: 03/16/2001)
104 TRIAL BRIEF DEFENDANT PRAXAIR'S TRIAL BRIEF AND RESPONSE TO PLAINTIFF'S TRIAL BRIEF by DEFENDANT PRAXAIR'S TRIAL BRIEF AND RESPONSE TO PLAINTIFF'S TRIAL BRIEF filed by Paul E. Donnelly of Stinson, Mag & Fizzell, P.C. on behalf of Praxair Surface Technologies, Inc.(Donnelly, Paul) (Entered: 03/20/2001)
105 SUGGESTIONS IN OPPOSITION PRAXAIR'S SUGGESTIONS IN OPPOSITION TO PLAINTIFF'S MOTIONS IN LIMINE TO EXCLUDE DEFENDANT'S EXHIBITS 2, 3, 4, 5, 6 AND 7 AND DOCUMENTS

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03/20/2001
03/20/2001 03/20/2001 03/20/2001 03/20/2001 03/20/2001 03/20/2001
03/20/2001 03/20/2001 03/20/2001 03/20/2001

IDENTIFIED IN DEFENDANT'S EXHIBIT LIST filed by Helaina Bardunias on behalf of Praxair Surface Technologies, Inc. Reply Suggestions due by 4/2/2001. (Related motion(s)98, 99) (Other related filing(s) 98, 99) (Bardunias, Helaina) (Entered: 03/20/2001)
106 SUGGESTIONS IN OPPOSITION PRAXAIR'S RESPONSE TO PLAINTIFF'S MOTION IN LIMINE TO EXCLUDE EXHIBITS AND TESTIMONY CONCERNING JUDY KEBLER'S APPLICATION FOR SEPTEMBER 1996 QUALITY TECHNICIAN filed by Helaina Bardunias on behalf of Praxair Surface Technologies, Inc. Reply Suggestions due by 4/2/2001. (Related motion(s)100) (Bardunias, Helaina) (Entered: 03/20/2001)
107 MOTION in limine PRAXAIR'S MOTION IN LIMINE (NO. 1) TO EXCLUDE EVIDENCE OF POST-PROMOTION PERFORMANCE on behalf of Praxair Surface Technologies, Inc.(Bardunias, Helaina) (Entered: 03/20/2001)
108 SUGGESTIONS IN SUPPORT OF PRAXAIR'S MOTION IN LIMINE TO EXCLUDE EVIDENCE OF POST-PROMOTION PERFORMANCE (related document(s)107) Filed by Helaina Bardunias on behalf of Praxair Surface Technologies, Inc.(Bardunias, Helaina) (Entered: 03/20/2001)
109 MOTION in limine (No. 2) to Exclude Certain Testimony of Praxair Employees on behalf of Praxair Surface Technologies, Inc.(Bardunias, Helaina) (Entered: 03/20/2001)
110 SUGGESTIONS IN SUPPORT of Praxair's Motion in Limine to Exclude Certain Testimony of Praxair Employees (related document(s)109) on behalf of Praxair Surface Technologies, Inc.(Bardunias, Helaina) Modified on 3/22/2001 to correct document type (Kendall, Shelly). (Entered: 03/20/2001)
111 MOTION in limine (3) to Exclude Evidence of Other Allegedly Discriminatory Conduct on behalf of Praxair Surface Technologies, Inc.(Bardunias, Helaina) (Entered: 03/20/2001)
112 SUGGESTIONS IN SUPPORT of Praxair's Motion in Limine to Exclude Evidence of Other Allegedly Discriminatory Conduct (related document(s)111) on behalf of Praxair Surface Technologies, Inc.(Bardunias, Helaina) Modified on 3/22/2001 (Kendall, Shelly). Modified on 3/22/2001 to correct document type (Kendall, Shelly). (Entered: 03/20/2001)
113 MOTION in limine (No. 4) to Exclude Statistical Evidence on behalf of Praxair Surface Technologies, Inc.(Bardunias, Helaina) (Entered: 03/20/2001)
114 SUGGESTIONS IN SUPPORT OF PRAXAIR'S MOTION IN LIMINE (NO. 4) TO EXCLUDE STATISTICAL EVIDENCE (related document(s)113) on behalf of Praxair Surface Technologies, Inc.(Bardunias, Helaina) Modified on 3/22/2001 to correct document type (Kendall, Shelly). (Entered: 03/20/2001)
115 MOTION in limine (NO. 5) TO EXCLUDE EVIDENCE OF EEOC INVESTIGATION AND DETERMINATION on behalf of Praxair Surface Technologies, Inc.(Bardunias, Helaina) (Entered: 03/20/2001)
116 SUGGESTIONS IN SUPPORT OF PRAXAIR'S MOTION IN LIMINE (NO. 5) TO EXCLUDE EVIDENCE OF EEOC INVESTIGATION AND DETERMINATION (related document(s)115) on behalf of Praxair Surface

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03/20/2001 03/20/2001
03/20/2001 03/20/2001
03/20/2001 03/26/2001 03/27/2001 03/27/2001
03/27/2001 05/30/2001 06/04/2001

Technologies, Inc.(Bardunias, Helaina) Modified on 3/22/2001 to correct document type (Kendall, Shelly). (Entered: 03/20/2001)
117 MOTION in limine (NO. 6) TO EXCLUDE TESTIMONY OF JAMES VINCENT AND BACKPAY CHART on behalf of Praxair Surface Technologies, Inc.(Bardunias, Helaina) (Entered: 03/20/2001)
118 SUGGESTIONS IN SUPPORT OF PRAXAIR'S MOTION IN LIMINE (NO. 6) TO EXCLUDE TESTIMONY OF JAMES VINCENT AND BACKPAY CHART (related document(s)117) on behalf of Praxair Surface Technologies, Inc.(Bardunias, Helaina) Modified on 3/22/2001 to correct document type (Kendall, Shelly). (Entered: 03/20/2001)
119 MOTION in limine (NO. 7) TO EXCLUDE EVIDENCE OF LLOYD MOOREHEAD'S 1987 DISCIPLINE on behalf of Praxair Surface Technologies, Inc.(Bardunias, Helaina) (Entered: 03/20/2001)
120 SUGGESTIONS IN SUPPORT OF PRAXAIR'S MOTION IN LIMINE (NO. 7) TO EXCLUDE EVIDENCE OF LLOYD MOOREHEAD'S 1987 DISCIPLINE (related document(s)119) on behalf of Praxair Surface Technologies, Inc.(Bardunias, Helaina) Modified on 3/22/2001 to correct document type (Kendall, Shelly). (Entered: 03/20/2001)
121 MOTION in limine (NO. 8) TO EXCLUDE EVIDENCE RELATING TO AIRCRAFT SAFETY AND SUGGESTIONS IN SUPPORT on behalf of Praxair Surface Technologies, Inc.(Bardunias, Helaina) (Entered: 03/20/2001)
125 CERTIFICATE OF TRANSMISSION OF DEPOSITION of Dale Kebler filed by Paul E. Donnelly of Stinson, Mag & Fizzell, P.C. on behalf of Praxair Surface Technologies, Inc.(Honeycutt, Cassaundra) (Entered: 03/28/2001)
122 OBJECTIONS TO PLAINTIFF'S PROPOSED JURY INSTRUCTIONS filed by Helaina Bardunias on behalf of Praxair Surface Technologies, Inc.(Bardunias, Helaina) Modified on 4/9/2001 to correct document type(Honeycutt, Cassaundra). (Entered: 03/27/2001)
123 RESPONSE TO MOTION Defendant's Motions in Limine 1-8 filed by Melvin D. Kennedy of Equal Employment Opportunity Commission on behalf of Equal Employment Opportunity Commission. Reply Suggestions due by 4/9/2001. (Related motion(s)113, 114, 115, 116, 117, 118, 119, 120, 121, 107, 109, 110, 111, 112) (Other related filing(s) 116, 117, 118, 119, 120, 121, 107, 109, 110, 111, 112, 113, 114, 115) (Kennedy, Melvin) (Entered: 03/27/2001)
124 OBJECTIONS TO PROPOSED JURY INSTRUCTIONS filed by Melvin D. Kennedy of Equal Employment Opportunity Commission on behalf of Equal Employment Opportunity Commission.(Kennedy, Melvin) Modified on 4/9/2001 (Honeycutt, Cassaundra). (Entered: 03/27/2001)
126 SETTLEMENT NOTICE of Consent Decree Submitted to the Court for Approval filed by Melvin D. Kennedy on behalf of Equal Employment Opportunity Commission. (Kennedy, Melvin) (Entered: 05/30/2001)
127 CONSENT DECREE (Honeycutt, Cassaundra) (Entered: 06/05/2001)

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