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

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION and JAHALA KINSER
Plaintiffs,
v.
FORT OSAGE SCHOOL DISTRICT,
Defendant.

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No. 04-0592-CV-W-DW

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ORDER
Before the Court is Defendant’s motion for summary judgment (Doc. 48). The Court has carefully considered the briefs and concludes that a lengthy order is not necessary. Viewing the admissible evidence in the light most favorable to Plaintiffs, the Court finds that genuine issues of material fact exist in this case. Therefore, the motion for summary judgment is DENIED.
SO ORDERED.

Date: March 14, 2006

/s/ DEAN WHIPPLE Dean Whipple
United States District Judge

 
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CLOSED, EAPN
U.S. District Court United States District Court for the Western District of Missouri (Kansas City)
CIVIL DOCKET FOR CASE #: 4:04-cv-00592-DW

Equal Employment Opportunity Commission v. Fort Osage School District Assigned to: District Judge Dean Whipple Cause: 28:451 Employment Discrimination

Date Filed: 07/06/2004 Date Terminated: 12/12/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Jan Shelly Equal Employment Opportunity Commission 1222 Spruce Street Room 8.100 St. Louis, Mo 63103 (314)539-7918 Fax: (314)539-7895 Email: jan.shelly@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Rebecca S. Stith Equal Employment Opportunity Commission Robert Young Federal Building 1222 Spruce Street Room 8.100 St. Louis, MO 63103 (314)539-7917 Fax: (314)539-7895 Email: rebecca.stith@eeoc.gov ATTORNEY TO BE NOTICED

Plaintiff Jahala Kinser

represented by James P. Maloney Bryan Cave, LLP-KCMO 1200 Main Street Suite 3500 Kansas City, MO 64105 (816) 374-3200 Fax: (816) 374-3300 Email: james.maloney@bryancave.com TERMINATED: 03/22/2005 LEAD ATTORNEY

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V. Defendant Fort Osage School District
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Anne W. Schiavone Holman Schiavone LLC 4600 Madison Suite 810 Kansas City, MO 64112 (816) 283-8738 Fax: (816) 283-8739 Email: aws@schiavonelaw.com ATTORNEY TO BE NOTICED
Deborah J Blakely White, Allinder, Graham & Buckley, LLC 19049 East Valley View Parkway Suite C Independence, MO 64055 (816)373-9080 Fax: (816) 373-9319 Email: dblakely@wagblaw.com ATTORNEY TO BE NOTICED
Gene P. Graham, Jr. White, Allinder, Graham & Buckley, LLC 19049 East Valley View Parkway Suite C Independence, MO 64055 (816) 373-9080 Fax: (816) 363-9319 Email: ggraham@wagblaw.com ATTORNEY TO BE NOTICED
represented by Natalie A. Hoernschemeyer Doster Mickes James Ullom Benson & Guest, LLC 17107 Chesterfield Airport Road Suite 300 Chesterfield, MO 63005 (636) 532-0042 Fax: (636-532-1082 Email: nhoernschemeyer@dostermickes.com ATTORNEY TO BE NOTICED
Sarah Wight Doster Mickes James Ullom Benson & Guest, LLC 17107 Chesterfield Airport Road
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Suite 300 Chesterfield, MO 63005 636-532-0042 Fax: 636-532-1082 Email: swight@dostermickes.com ATTORNEY TO BE NOTICED
Thomas A Mickes Doster Mickes James Ullom Benson & Guest, LLC 17107 Chesterfield Airport Road Suite 300 Chesterfield, MO 63005 (636) 532-0042 Fax: (636)532-1082 Email: tmickes@dostermickes.com ATTORNEY TO BE NOTICED

Date Filed 07/06/2004
08/24/2004 08/27/2004 08/27/2004 08/30/2004 11/08/2004 11/18/2004 11/19/2004 11/29/2004

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Docket Text

1 COMPLAINT against Fort Osage School District (Filing fee $ 150 receipt number wv) Service due by 11/3/2004, filed by Jan Shelly on behalf of Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(Shelly, Jan) (Entered: 07/06/2004)
2 Rule 16 Notice - Joint proposed scheduling order due by 11/8/2004. Signed by Judge Dean Whipple on 8/24/2004. (Johnson, Yvonne) (Entered: 08/24/2004)
3 NOTICE of appearance by Thomas A Mickes on behalf of Fort Osage School District (Mickes, Thomas) (Entered: 08/27/2004)
4 Defendant's ANSWER to Complaint filed by Thomas A Mickes on behalf of Defendant Fort Osage School District.(Mickes, Thomas) (Entered: 08/27/2004)
5 Notice of EAP Neutral. (Attachments: # 1 General Order)(Revis, Christi) (Entered: 08/30/2004)
6 PROPOSED SCHEDULING ORDER by Equal Employment Opportunity Commission, Fort Osage School District. (Mickes, Thomas) (Entered: 11/08/2004)
7 CERTIFICATE OF SERVICE by all defendants filed by Thomas A Mickes on behalf of Defendant Fort Osage School District.(Mickes, Thomas) (Entered: 11/18/2004)
8 NOTICE to take deposition of Jahala Kinser filed by Thomas A Mickes on behalf of Defendant Fort Osage School District.(Mickes, Thomas) (Entered: 11/19/2004)
9 NOTICE of appearance by Sarah Wight on behalf of all defendants (Wight, Sarah) (Entered: 11/29/2004)

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12/02/2004 12/06/2004 12/14/2004 12/20/2004
12/20/2004 12/20/2004
12/20/2004 12/21/2004 12/27/2004 01/05/2005 01/05/2005 02/07/2005 02/09/2005
02/09/2005

10 NOTICE to take deposition of Paul James filed by Jan Shelly on behalf of Plaintiff Equal Employment Opportunity Commission.(Shelly, Jan) (Entered: 12/02/2004)
11 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Sarah Wight on behalf of Defendant Fort Osage School District.(Wight, Sarah) (Entered: 12/06/2004)
12 Joint MOTION to join Jahala Kinser as party plaintiff filed byJames P. Maloney on behalf of Jahala Kinser Suggestions in opposition/response due by 12/29/2004 unless otherwise directed by the court (Maloney, James) (Entered: 12/14/2004)
13 Defendant's Amended ANSWER to Complaint and Notice of Consent to Amend filed by Sarah Wight on behalf of Defendant Fort Osage School District. (Attachments: # 1 Exhibit Consent to File Amended Answer)(Wight, Sarah) (Entered: 12/20/2004)
14 Amended ANSWER to Complaint filed by Sarah Wight on behalf of Defendant Fort Osage School District.(Wight, Sarah) (Entered: 12/20/2004)
15 TRIAL ORDER: Case is hereby set for jury trial which commences 2/27/2006, and continues through the end of the week of 3/6/2006 at 9:00 A.M. in Courtroom 8B, Kansas City, MO. before Dean Whipple. Signed by Judge Dean Whipple on 12/20/2004. (Johnson, Yvonne) (Entered: 12/21/2004)
16 SCHEDULING ORDER: Discovery shall close as of 8/8/2005. Signed by Judge Dean Whipple on 12/20/2004. (Johnson, Yvonne) (Entered: 12/21/2004)
17 Amended NOTICE to take deposition of Jahala Kinser filed by Sarah Wight on behalf of Defendant Fort Osage School District.(Wight, Sarah) (Entered: 12/21/2004)
18 ORDER granting 12 motion to join. Signed by Judge Dean Whipple on 12/27/04. (Diefenbach, Tracy) (Entered: 12/27/2004)
19 NOTICE to take deposition of Carl Francka & David Strout filed by Jan Shelly on behalf of Plaintiff Equal Employment Opportunity Commission.(Shelly, Jan) (Entered: 01/05/2005)
20 NOTICE to take deposition of Gary Thompson filed by Jan Shelly on behalf of Plaintiff Equal Employment Opportunity Commission.(Shelly, Jan) (Entered: 01/05/2005)
21 Amended NOTICE to take deposition of Jahala Kinser filed by Sarah Wight on behalf of Defendant Fort Osage School District.(Wight, Sarah) (Entered: 02/07/2005)
22 MOTION for leave to file Answer to Plaintiff Jahala Kinser's Complaint filed bySarah Wight on behalf of Fort Osage School District Suggestions in opposition/response due by 2/24/2005 unless otherwise directed by the court (Attachments: # 1 Defendant's Answer to Complaint of Plaintiff Jahala Kinser)(Wight, Sarah) (Entered: 02/09/2005)
23 CERTIFICATE OF SERVICE by Fort Osage School District filed by Sarah Wight on behalf of Defendant Fort Osage School District.(Wight, Sarah)

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02/24/2005
02/28/2005 02/28/2005 02/28/2005 03/07/2005
03/15/2005
03/22/2005
04/04/2005 04/05/2005 04/11/2005
04/14/2005 04/14/2005 05/02/2005

(Entered: 02/09/2005)
24 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission SECOND REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT FT. OSAGE SCHOOL DISTRICT filed by Jan Shelly on behalf of Plaintiff Equal Employment Opportunity Commission.(Shelly, Jan) (Entered: 02/24/2005)
25 ORDER - granting defendant's 22 motion for leave to file its answer. The defendant's answer shall be deemed filed as of the date of this Order. Signed by Judge Dean Whipple on 2/28/2005. (Johnson, Yvonne) (Entered: 03/01/2005)
ANSWER to Complaint filed by Sarah Wight on behalf of Defendant Fort Osage School District.(Kee, Georgia) (Entered: 03/02/2005)
26 ANSWER to Complaint filed by Sarah Wight on behalf of Defendant Fort Osage School District.(Kee, Georgia) (Entered: 03/07/2005)
NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 2/28/05 as Answer to Complaint of Plaintiff Jahala Kinser (Doc. #26). A document has been deleted from the entry. If necessary, counsel has been contacted and asked to refile a corrected document. This is a text entry only - no document is attached. (Kee, Georgia) (Entered: 03/07/2005)
27 MOTION to withdraw as attorney for Plaintiff Jahala Kinser filed byJames P. Maloney on behalf of Jahala Kinser Suggestions in opposition/response due by 3/30/2005 unless otherwise directed by the court (Maloney, James) (Entered: 03/15/2005)
28 ORDER - provisionally granting 27 motion to withdraw as attorney. Within ten (10) days from the date of this Order, it is ORDERED that Kinser's new counsel shall file an entry of appearance. Once that appearance is filed, Maloney shall be relieved from further representation of Kinser. Signed by Judge Dean Whipple on 3/22/2005. (Johnson, Yvonne) (Entered: 03/22/2005)
29 NOTICE of appearance by Anne W. Schiavone on behalf of Jahala Kinser (Schiavone, Anne) (Entered: 04/04/2005)
30 CERTIFICATE OF SERVICE by all defendants filed by Sarah Wight on behalf of Defendant Fort Osage School District.(Wight, Sarah) (Entered: 04/05/2005)
31 CERTIFICATE OF SERVICE by Fort Osage School District Responses to EEOC's Second Request for Production of Documents filed by Sarah Wight on behalf of Defendant Fort Osage School District.(Wight, Sarah) (Entered: 04/11/2005)
32 NOTICE of appearance by Rebecca S. Stith on behalf of Equal Employment Opportunity Commission (Stith, Rebecca) (Entered: 04/14/2005)
33 Amended NOTICE to take deposition of Jahala Kinser filed by Sarah Wight on behalf of Defendant Fort Osage School District.(Wight, Sarah) (Entered: 04/14/2005)
34 CERTIFICATE OF SERVICE by Jahala Kinser re discovery responses filed by Anne W. Schiavone on behalf of Plaintiff Jahala Kinser.(Schiavone, Anne) (Entered: 05/02/2005)

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05/02/2005 05/13/2005 05/25/2005 06/01/2005 06/01/2005 06/21/2005 09/06/2005 09/08/2005 09/13/2005 12/06/2005 12/06/2005

35 NOTICE to take deposition of Paul James filed by Anne W. Schiavone on behalf of Plaintiff Jahala Kinser.(Schiavone, Anne) (Entered: 05/02/2005)
36 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission EEOC's Objections and Responses to Defendant's Request for Production and EEOC's Privilege Log filed by Rebecca S. Stith on behalf of Plaintiff Equal Employment Opportunity Commission.(Stith, Rebecca) (Entered: 05/13/2005)
37 Joint MOTION for extension of time Joint Motion to Amend Scheduling Order and Trial Order filed byRebecca S. Stith on behalf of Equal Employment Opportunity Commission Suggestions in opposition/response due by 6/9/2005 unless otherwise directed by the court (Stith, Rebecca) (Entered: 05/25/2005)
38 ORDER - granting joint 37 motion for extension of time. Discovery shall close on 10/8/2005, and the Court will file an amended trial order. Signed by Judge Dean Whipple on 6/1/2005. (Johnson, Yvonne) (Entered: 06/01/2005)
39 AMENDED TRIAL ORDER: Case is hereby reset for jury trial which commences 6/5/2006, and continues through the end of the week of 6/12/2006 at 9:00 A.M. in Courtroom 8B, Kansas City, MO. before Dean Whipple. Signed by Judge Dean Whipple on 6/1/2005. (Johnson, Yvonne) (Entered: 06/01/2005)
40 First NOTICE to take deposition of Richard Phillips, James Barrows, Douglas Hatridge, Jeffrey White, Larry Ewing filed by Rebecca S. Stith on behalf of Plaintiff Equal Employment Opportunity Commission.(Stith, Rebecca) (Entered: 06/21/2005)
41 MOTION for extension of time to Serve Expert's Report filed bySarah Wight on behalf of Fort Osage School District Suggestions in opposition/response due by 9/21/2005 unless otherwise directed by the court (Wight, Sarah) (Entered: 09/06/2005)
42 MOTION to withdraw document Motion to Withdraw Defendant's Motion to Extend Deadline to Serve Expert's Report filed bySarah Wight on behalf of Fort Osage School District Suggestions in opposition/response due by 9/23/2005 unless otherwise directed by the court (Wight, Sarah) (Entered: 09/08/2005)
43 ORDER - dismissed as moot 41 defendant's motion for extension of time to extend the deadline to serve its expert report, granting defendant's 42 motion to withdraw document. Signed by Judge Dean Whipple on 9/13/2005. (Johnson, Yvonne) (Entered: 09/14/2005)
44 MOTION for leave to file excess pages Defendant's Motion for Leave to Exceed Page Limit filed bySarah Wight on behalf of Fort Osage School District Suggestions in opposition/response due by 12/21/2005 unless otherwise directed by the court (Wight, Sarah) (Entered: 12/06/2005)
45 MOTION to strike Defendant's Motion for Leave to Exceed Page Limit filed byBarbara A. Seely on behalf of Equal Employment Opportunity Commission Suggestions in opposition/response due by 12/21/2005 unless otherwise directed by the court Suggestions in opposition/response due by 12/21/2005 unless otherwise directed by the court (Seely, Barbara) (Entered: 12/06/2005)

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12/08/2005 12/09/2005 12/09/2005 12/13/2005

46 SUGGESTIONS in support re 45 MOTION to strike Defendant's Motion for Leave to Exceed Page Limit filed by Barbara A. Seely on behalf of Plaintiff Equal Employment Opportunity Commission. (Related document(s)45) (Seely, Barbara) (Entered: 12/06/2005)
47 MOTION for extension of time Defendant's Motion for Leave to Leave to File Summary Judgment Motion Out of Time filed bySarah Wight on behalf of Fort Osage School District Suggestions in opposition/response due by 12/21/2005 unless otherwise directed by the court (Wight, Sarah) (Entered: 12/06/2005)
48 MOTION for summary judgment Defendant's Motion for Summary Judgment filed bySarah Wight on behalf of Fort Osage School District Suggestions in opposition/response due by 1/9/2006 unless otherwise directed by the court (Attachments: # 1 Def's Stmt of Facts in Support of its Motion# 2 Memo in Support of Def's Motion for SJ# 3 Exhibit Aff. of S. Klick# 4 Exhibit Ex 1A - to Klick's Aff - Bd. Min. '00# 5 Exhibit Ex 1B - To Klick's Aff - Bd. Min. '01# 6 Exhibit Ex 1C to Klick's Aff - Lonsbury App# 7 Exhibit Ex 1D to Klick's Aff White's App# 8 Exhibit Ex 1E - to Klick's Aff. - Barrow's Resume# 9 Exhibit Ex 1F - to Klick's Aff - Hatridge's App# 10 Exhibit Ex 1G - to Klick's Aff - Phillip's App# 11 Exhibit Ex 1H to Klick's Aff - Kinser's Resume# 12 Exhibit Ex 1J - to Klick's Aff - Kinser's Contracts# 13 Exhibit Ex 1K - to Klick's Aff - Hatridge's Resume# 14 Exhibit Exh 2 - Kinser's Blue Springs Contract# 15 Exhibit Ex 3 Def's Supp Resp to Pltf's Interrog# 16 Exhibit Ex 4 - Kinser Depo# 17 Exhibit Ex 1 to Kinser's Depo# 18 Exhibit Ex 3 to Kinser's Depo# 19 Exhibit Ex 4 to Kinser's Depo# 20 Exhibit Ex 5 to Kinser's Depo# 21 Exhibit Ex 4 - Francka Depo# 22 Exhibit Ex 4 - White Depo# 23 Exhibit Ex 4 - Barrows Depo# 24 Exhibit Ex 4 - Thompson# 25 Exhibit Ex 4 - Hatridge Depo# 26 Exhibit Ex 4 Phillips Depo# 27 Exhibit Ex 4 - James Depo# 28 Exhibit Ex 4 - Shrout's Depo# 29 Exhibit Ex 5 - Francka's Aff# 30 Exhibit Ex 6 - Thompson Aff# 31 Exhibit Ex 7 - Shrout Aff# 32 Exhibit Ex 8 - Martin Aff# 33 Exhibit Ex 9 - Stobart Aff# 34 Exhibit Ex 10 - Dankenbring Aff# 35 Exhibit Ex 11 - Wessel Aff)(Wight, Sarah) (Entered: 12/07/2005)
49 SUPPLEMENT Documents. (Attachments: # 1 Aff of Paul James #1# 2 Second Aff of Paul James)(Related document(s)48) (Wight, Sarah) (Entered: 12/08/2005)
50 MOTION to strike filed byJan Shelly on behalf of Equal Employment Opportunity Commission Suggestions in opposition/response due by 12/27/2005 unless otherwise directed by the court Suggestions in opposition/response due by 12/27/2005 unless otherwise directed by the court (Attachments: # 1 Exhibit Plaintiff EECO's Memorandum in Support of Motion to Strike Defendant's Motion for Summary Judgment)(Shelly, Jan) (Entered: 12/09/2005)
51 SUGGESTIONS IN OPPOSITION to motion re 50 MOTION to strike filed by Sarah Wight on behalf of Defendant Fort Osage School District. (Related document(s)50) (Wight, Sarah) Modified on 12/20/2005 to correct docket text. Document is not a reply suggestion (McDowell, Shelly). (Entered: 12/09/2005)
52 ORDER - granting defendant's 44 motion for leave to file excess pages, denying plaintiff's 45 motion to strike, granting defendant's 47 motion for extension of time, denying plaintiff's 50 motion to strike. Signed by Judge Dean Whipple on 12/13/2005. (Johnson, Yvonne) (Entered: 12/13/2005)

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02/08/2006 02/21/2006 02/21/2006
02/28/2006 03/02/2006 03/14/2006

53 Joint MOTION for extension of time filed byJan Shelly on behalf of Equal Employment Opportunity Commission Suggestions in opposition/response due by 1/3/2006 unless otherwise directed by the court (Attachments: # 1 # (2))(Shelly, Jan) Modified on 12/20/2005 to remove proposed order (McDowell, Shelly). (Entered: 12/19/2005)
54 ORDER - granting plaintiff's 53 motion for extension of time to file suggestions in opposition to summary judgment on or before 2/6/2006. Signed by Judge Dean Whipple on 12/22/2005. (Johnson, Yvonne) (Entered: 12/22/2005)
55 MOTION for leave to file excess pages Plaintiffs' Motion to Exceed 15 Pages in Suggestions in Opposition filed byRebecca S. Stith on behalf of Equal Employment Opportunity Commission Suggestions in opposition/response due by 2/21/2006 unless otherwise directed by the court (Stith, Rebecca) (Entered: 02/06/2006)
56 SUGGESTIONS in opposition to motion for summary judgment re 48 MOTION for summary judgment Defendant's Motion for Summary Judgment filed by Jan Shelly on behalf of Plaintiffs Equal Employment Opportunity Commission, Jahala Kinser. Reply suggestions due by 2/21/2006 unless otherwise directed by the court (Attachments: # 1 Exhibit Pls. Ex. 1# 2 Exhibit Pls. Ex. 2# 3 Exhibit Pls. Ex. 3# 4 Exhibit Pls. Ex. 4# 5 Exhibit Pls. Ex. 5# 6 Exhibit Pls. Ex. 6# 7 Exhibit Pls. Ex. 7# 8 Exhibit Pls. Ex. 8# 9 Exhibit Pls. Ex. 9# 10 Exhibit Pls. Ex. 10# 11 Exhibit Pls. Ex. 11# 12 Exhibit Pls. Ex. 12# 13 Exhibit Pls. Ex. 14# 14 Exhibit Pls. Ex. 16# 15 Exhibit Pls. Ex. 17# 16 Exhibit Pls. Ex. 18# 17 Exhibit Pls. Ex. 19# 18 Exhibit Pls. Ex. 20# 19 Exhibit Pls. Ex. 15# 20 Exhibit Pls. Ex. 13)(Related document(s)48) (Shelly, Jan) (Entered: 02/06/2006)
57 ORDER granting 55 motion for leave to file excess pages Signed by Judge Dean Whipple on 2/8/06. (Diefenbach, Tracy) (Entered: 02/08/2006)
58 MOTION for leave to file excess pages Defendant's Motion for Leave to Exceed Page Limit filed bySarah Wight on behalf of Fort Osage School District Suggestions in opposition/response due by 3/8/2006 unless otherwise directed by the court (Wight, Sarah) (Entered: 02/21/2006)
59 REPLY SUGGESTIONS to motion re 48 MOTION for summary judgment Defendant's Motion for Summary Judgment filed by Sarah Wight on behalf of Defendant Fort Osage School District. (Attachments: # 1 Defendants' Response to Plaintiff's Additional Facts# 2 Thompson Depo Pages# 3 Shrout Depo Pages# 4 Phillips Depo Pages# 5 James Depo Pages# 6 Hatridge Depo Pages# 7 Francka Depo Pages# 8 Ewing Depo Pages# 9 Barrows Depo Pages)(Related document(s)48) (Wight, Sarah) (Entered: 02/21/2006)
60 ORDER granting 58 motion for leave to file excess pages Signed by Judge Dean Whipple on 2/28/06. (Diefenbach, Tracy) (Entered: 03/01/2006)
61 SECOND AMENDED SCHEDULING ORDER:Accelerated Jury Trial set for 10/16/2006 09:00AM in Courtroom 8B, Kansas City (DW) before Dean Whipple. Signed by Judge Dean Whipple on 3/2/06. (Diefenbach, Tracy) (Entered: 03/02/2006)
62 ORDER - denying defendant's 48 motion for summary judgment. Signed by Judge Dean Whipple on 3/14/2006. (Johnson, Yvonne) (Entered: 03/14/2006)

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09/05/2006 09/05/2006 09/05/2006 09/05/2006 09/05/2006
09/11/2006 09/11/2006 09/11/2006
09/11/2006
09/11/2006 09/11/2006 09/11/2006 09/11/2006 09/18/2006 09/18/2006

63 STIPULATION of Uncontroverted Facts by Equal Employment Opportunity Commission, Fort Osage School District. (Wight, Sarah) (Entered: 08/28/2006)
64 ORDER - that the parties appear for a pretrial conference to be held on 10/6/2006 at 2:30 P.M. at Courtroom 8B, Kansas City, MO. Signed by Judge Dean Whipple on 8/29/2006. (Johnson, Yvonne) Modified on 8/30/2006 to correct the time of the pretrial conference.(Johnson, Yvonne) (Entered: 08/29/2006)
65 PROPOSED WITNESS LIST by Equal Employment Opportunity Commission, Jahala Kinser. (Shelly, Jan) (Entered: 09/05/2006)
66 PROPOSED EXHIBIT LIST by Equal Employment Opportunity Commission, Jahala Kinser. (Shelly, Jan) (Entered: 09/05/2006)
67 DESIGNATION of Depositions by Equal Employment Opportunity Commission. (Shelly, Jan) (Entered: 09/05/2006)
68 PROPOSED JURY INSTRUCTIONS by Equal Employment Opportunity Commission (with authorities). (Shelly, Jan) (Entered: 09/05/2006)
69 Second PROPOSED JURY INSTRUCTIONS by Equal Employment Opportunity Commission (without authorities). (Shelly, Jan) (Entered: 09/05/2006)
70 PROPOSED WITNESS LIST by Fort Osage School District. (Wight, Sarah) (Entered: 09/11/2006)
71 OBJECTIONS (non motions) Defendants Objection to Plaintiff's Depo Testimony. (Wight, Sarah) (Entered: 09/11/2006)
72 DESIGNATION Defendant's Designation of Testimony to be offered as Cross-Exam to Plaintiffs' Designation Deposition Testimony by Fort Osage School District. (Wight, Sarah) (Entered: 09/11/2006)
73 DESIGNATION Defendants Designation of Identification and Authentication Waiver for Plaintiff's Designation Exhibits by Fort Osage School District. (Wight, Sarah) (Entered: 09/11/2006)
74 DESIGNATION Defendant's Deposition Designations by Fort Osage School District. (Wight, Sarah) (Entered: 09/11/2006)
75 PROPOSED EXHIBIT LIST by Fort Osage School District. (Wight, Sarah) (Entered: 09/11/2006)
76 PROPOSED JURY INSTRUCTIONS by Fort Osage School District. (Wight, Sarah) (Entered: 09/11/2006)
77 PROPOSED JURY INSTRUCTIONS by Fort Osage School District. (Wight, Sarah) (Entered: 09/11/2006)
78 OBJECTIONS (non motions) to Defendant's Deposition Designations. (Shelly, Jan) (Entered: 09/18/2006)
79 DESIGNATION of Deposition Testimony for Cross Examination by Equal Employment Opportunity Commission, Jahala Kinser. (Shelly, Jan) (Entered: 09/18/2006)

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09/25/2006 09/25/2006 09/25/2006

80 Consent PROPOSED EXHIBIT LIST Waiver of Authentication by Equal Employment Opportunity Commission. (Shelly, Jan) (Entered: 09/18/2006)
81 MOTION in limine To Exclude Evidence of EEOC Determinations and Decisions filed by Sarah Wight on behalf of Fort Osage School District Suggestions in opposition/response due by 10/3/2006 unless otherwise directed by the court (Attachments: # 1 Memo in Support to Exclude Evidence of EEOC Determinations)(Wight, Sarah) (Entered: 09/18/2006)
82 MOTION in limine to Exclude Evidence of Emotional Distress filed by Sarah Wight on behalf of Fort Osage School District Suggestions in opposition/response due by 10/3/2006 unless otherwise directed by the court (Attachments: # 1 Memo in Support to Exclude Evidence of Emotional Distress)(Wight, Sarah) (Entered: 09/18/2006)
83 MOTION in limine to Exclude Exhibits filed by Sarah Wight on behalf of Fort Osage School District Suggestions in opposition/response due by 10/3/2006 unless otherwise directed by the court (Attachments: # 1 Memo in Support to Exclude Exhs 96, 74 and 52# 2 Exhibit)(Wight, Sarah) (Entered: 09/18/2006)
84 MOTION in limine to Exclude Testimony of Expert Witness Brenda Dunham filed by Sarah Wight on behalf of Fort Osage School District Suggestions in opposition/response due by 10/3/2006 unless otherwise directed by the court (Attachments: # 1 Memo in Support to Exclude Testimony Expert Witness Brenda Dunham)(Wight, Sarah) (Entered: 09/18/2006)
85 MOTION in limine to Exclude Evidence of Punitive Damages filed by Sarah Wight on behalf of Fort Osage School District Suggestions in opposition/response due by 10/3/2006 unless otherwise directed by the court (Attachments: # 1 # 2 # 3)(Wight, Sarah) (Entered: 09/18/2006)
86 MOTION in limine to Exclude Evidence of Alleged Acts of Discrimination Outside the Relevant Time Periods filed by Sarah Wight on behalf of Fort Osage School District Suggestions in opposition/response due by 10/3/2006 unless otherwise directed by the court (Attachments: # 1 Memo in Support to Exclude Evidence of Alleged Acts of Discrimination Outside the Relevant Time Periods# 2)(Wight, Sarah) (Entered: 09/18/2006)
87 SUGGESTIONS in opposition re 81 MOTION in limine To Exclude Evidence of EEOC Determinations and Decisions filed by Rebecca S. Stith on behalf of Plaintiff Equal Employment Opportunity Commission. Reply suggestions due by 10/10/2006 unless otherwise directed by the court (Related document(s)81) (Stith, Rebecca) (Entered: 09/25/2006)
88 SUGGESTIONS in opposition re 82 MOTION in limine to Exclude Evidence of Emotional Distress filed by Rebecca S. Stith on behalf of Plaintiff Equal Employment Opportunity Commission. Reply suggestions due by 10/10/2006 unless otherwise directed by the court (Related document(s)82) (Stith, Rebecca) (Entered: 09/25/2006)
89 SUGGESTIONS in opposition re 85 MOTION in limine to Exclude Evidence of Punitive Damages filed by Rebecca S. Stith on behalf of Plaintiff Equal Employment Opportunity Commission. Reply suggestions due by 10/10/2006 unless otherwise directed by the court (Related document(s)85) (Stith, Rebecca)

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09/25/2006
09/25/2006
09/25/2006 09/25/2006 09/25/2006 09/25/2006 09/25/2006 09/25/2006 09/25/2006 09/25/2006 09/25/2006 09/25/2006

(Entered: 09/25/2006)
90 SUGGESTIONS in opposition re 86 MOTION in limine to Exclude Evidence of Alleged Acts of Discrimination Outside the Relevant Time Periods filed by Rebecca S. Stith on behalf of Plaintiff Equal Employment Opportunity Commission. Reply suggestions due by 10/10/2006 unless otherwise directed by the court (Related document(s)86) (Stith, Rebecca) (Entered: 09/25/2006)
91 SUGGESTIONS in opposition re 84 MOTION in limine to Exclude Testimony of Expert Witness Brenda Dunham filed by Rebecca S. Stith on behalf of Plaintiff Equal Employment Opportunity Commission. Reply suggestions due by 10/10/2006 unless otherwise directed by the court (Related document(s)84) (Stith, Rebecca) (Entered: 09/25/2006)
92 SUGGESTIONS in opposition re 83 MOTION in limine to Exclude Exhibits filed by Rebecca S. Stith on behalf of Plaintiff Equal Employment Opportunity Commission. Reply suggestions due by 10/10/2006 unless otherwise directed by the court (Related document(s)83) (Stith, Rebecca) (Entered: 09/25/2006)
93 TRIAL BRIEF by Fort Osage School District. (Wight, Sarah) (Entered: 09/25/2006)
94 PROPOSED VOIR DIRE by Fort Osage School District Defendant's General Areas of Questions on Voir Dire. (Wight, Sarah) (Entered: 09/25/2006)
95 PROPOSED VOIR DIRE by Equal Employment Opportunity Commission and Plaintiff-Intervenor Kinser. (Stith, Rebecca) (Entered: 09/25/2006)
96 MOTION in limine to exclude Exhibits R-W filed by Rebecca S. Stith on behalf of Equal Employment Opportunity Commission Suggestions in opposition/response due by 10/10/2006 unless otherwise directed by the court (Stith, Rebecca) (Entered: 09/25/2006)
97 SUGGESTIONS in support re 96 MOTION in limine to exclude Exhibits R-W filed by Rebecca S. Stith on behalf of Plaintiff Equal Employment Opportunity Commission. (Related document(s)96) (Stith, Rebecca) (Entered: 09/25/2006)
98 MOTION in limine to Exclude Exs. III and KKK filed by Rebecca S. Stith on behalf of Equal Employment Opportunity Commission Suggestions in opposition/response due by 10/10/2006 unless otherwise directed by the court (Stith, Rebecca) (Entered: 09/25/2006)
99 SUGGESTIONS in support re 98 MOTION in limine to Exclude Exs. III and KKK filed by Rebecca S. Stith on behalf of Plaintiff Equal Employment Opportunity Commission. (Related document(s)98) (Stith, Rebecca) (Entered: 09/25/2006)
100 MOTION in limine to Exclude Exhibits JJJ and LLL filed by Rebecca S. Stith on behalf of Equal Employment Opportunity Commission Suggestions in opposition/response due by 10/10/2006 unless otherwise directed by the court (Stith, Rebecca) (Entered: 09/25/2006)
101 SUGGESTIONS in support re 100 MOTION in limine to Exclude Exhibits JJJ and LLL filed by Rebecca S. Stith on behalf of Plaintiff Equal Employment Opportunity Commission. (Related document(s)100) (Stith, Rebecca) (Entered:

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09/25/2006 09/25/2006 09/26/2006 09/27/2006
09/27/2006 10/02/2006
10/03/2006 10/06/2006 10/11/2006
10/12/2006
10/12/2006

09/25/2006)
102 MOTION in limine to Exclude Opinion on the EEOC Investigation filed by Rebecca S. Stith on behalf of Equal Employment Opportunity Commission Suggestions in opposition/response due by 10/10/2006 unless otherwise directed by the court (Stith, Rebecca) (Entered: 09/25/2006)
103 SUGGESTIONS in support re 102 MOTION in limine to Exclude Opinion on the EEOC Investigation filed by Rebecca S. Stith on behalf of Plaintiff Equal Employment Opportunity Commission. (Related document(s)102) (Stith, Rebecca) (Entered: 09/25/2006)
104 NOTICE of appearance by Natalie A. Hoernschemeyer on behalf of Fort Osage School District (Hoernschemeyer, Natalie) (Entered: 09/26/2006)
105 MOTION to amend/correct 96 MOTION in limine to exclude Exhibits R-W Motion to Amend filed by Rebecca S. Stith on behalf of Equal Employment Opportunity Commission Suggestions in opposition/response due by 10/12/2006 unless otherwise directed by the court (Attachments: # 1 Plaintiffs' Amended Motion in Limine to Exclude Exs. R-X# 2 Plaintiffs' Suggestion in Support of Amended Motion in Limine to Exclude Exs. R through X)(Related document(s)96) (Stith, Rebecca) (Entered: 09/27/2006)
106 DESIGNATION Supplemental Designation by Plaintiffs of Defendant Trial Exhibits DD, JJ, LL, and MM as to which Identification and Authentication are Waived by Equal Employment Opportunity Commission. (Stith, Rebecca) (Entered: 09/27/2006)
107 OBJECTIONS (non motions) re 79 DESIGNATION Defendant's Objections to Plaintiffs' Designation of Cross-Examination Testimony as to Defendant's Deposition Testimony. Related document: 79 DESIGNATION filed by Equal Employment Opportunity Commission,, Jahala Kinser,.(Wight, Sarah) (Entered: 10/02/2006)
108 ORDER regarding Motions in Limine. Signed by Judge Dean Whipple on 10/3/06. (Diefenbach, Tracy) (Entered: 10/03/2006)
109 Notice - Fall 2006 Civil Accelerated Docket - Week 2 (Attachments: # 1 Order Establishing Schedule for Pretrial Filings) (Diaz, Diana) (Entered: 10/06/2006)
110 ORDER - granting 81 motion in limine, denying 82 motion in limine, granting 83 motion in limine, granting 84 motion in limine, denying 85 motion in limine, granting 86 motion in limine, denying 96 motion in limine, denying 98 motion in limine, denying 100 motion in limine, granting 102 motion in limine. Signed by Judge Dean Whipple on 10/11/2006. (Johnson, Yvonne) (Entered: 10/11/2006)
111 MOTION for reconsideration of Order Granting Defendant's Motion in Limine (#86) to Exclude Past Discrimination filed by Rebecca S. Stith on behalf of Equal Employment Opportunity Commission Suggestions in opposition/response due by 10/27/2006 unless otherwise directed by the court (Stith, Rebecca) (Entered: 10/12/2006)
112 SUGGESTIONS in support re 111 MOTION for reconsideration of Order Granting Defendant's Motion in Limine (#86) to Exclude Past Discrimination filed by Rebecca S. Stith on behalf of Plaintiff Equal Employment Opportunity

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10/13/2006 10/13/2006
10/18/2006 10/18/2006
10/18/2006 10/23/2006 10/23/2006 10/23/2006 10/24/2006 11/30/2006 12/12/2006

Commission. (Related document(s)111) (Stith, Rebecca) (Entered: 10/12/2006)
113 Update - 2006 Fall Civil Accelerated Docket - Week 2(Diaz, Diana) (Entered: 10/13/2006)
114 TRANSCRIPT of Pretrial Conference held on October 6, 2006 before Judge Dean Whipple. Court Reporter: Sandra D. Lamken. This is a text entry only - no document is attached. The transcript is available for review in the Clerk's Office. Please contact the court reporter listed above for copies. (Baldwin, Joella) (Entered: 10/13/2006)
115 ORDER - granting plaintiff's 105 motion to file an amended motion in limine. Plaintiffs may file the amended motion, in the form submitted, within 10 days of the date of this Order. Signed by Judge Dean Whipple on 10/18/2006. (Johnson, Yvonne) (Entered: 10/18/2006)
116 SUGGESTIONS IN OPPOSITION re 111 MOTION for reconsideration of Order Granting Defendant's Motion in Limine (#86) to Exclude Past Discrimination Defendant's Memo in Opposition to Plaintiffs' Motion to Reconsider the Court's Order Granting Defendant's Motion in Limine to Exclude Evidence of Alleged Acts of Discrimination Outisde the Relevant Time Periods. Related document: 111 MOTION for reconsideration of Order Granting Defendant's Motion in Limine (#86) to Exclude Past Discrimination filed by Equal Employment Opportunity Commission,.(Wight, Sarah) Modified on 10/19/2006 to change title of document (Kee, Georgia). (Entered: 10/18/2006)
Set/Reset Deadlines as to 111 MOTION for reconsideration of Order Granting Defendant's Motion in Limine (#86) to Exclude Past Discrimination. Reply suggestions due by 11/2/2006 unless otherwise directed by the court (Kee, Georgia) (Entered: 10/19/2006)
117 PROPOSED WITNESS LIST by Fort Osage School District. (Kee, Georgia) (Entered: 10/23/2006)
118 PROPOSED EXHIBIT LIST by Fort Osage School District. (Kee, Georgia) (Entered: 10/23/2006)
119 JURY LIST (SEALED). (Kee, Georgia) (Entered: 10/23/2006)
120 EXHIBIT INDEX by Equal Employment Opportunity Commission, Jahala Kinser. (Kee, Georgia) (Entered: 10/24/2006)
121 STIPULATION of dismissal by Equal Employment Opportunity Commission. (Attachments: # 1)(Shelly, Jan) (Entered: 11/30/2006)
122 Order - that this case is DISMISSED WITH PREJUDICE, with each party to bear its own costs and fees. The Clerk of Court shall mark this case as closed. (Doc. 121). Signed by Judge Dean Whipple on 12/12/2006. (Johnson, Yvonne) (Entered: 12/12/2006)

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

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, v. FORT OSAGE SCHOOL DISTRICT,
Defendant.

)

)

)

)

)

CIVIL ACTION NO.

)

)

COMPLAINT

)

)

JURY TRIAL DEMAND

)

NATURE OF ACTION This is an action under the Equal Pay Act of 1963 to restrain the unlawful payment of wages to employees of one sex at rates less than the rates paid to employees of the opposite sex, and to collect back wages due to an employee as a result of such unlawful payments. As alleged with greater particularity in the Statement of Claims section below, the Equal Employment Opportunity Commission ("the Commission") alleges that Defendant Fort Osage School District paid a Dr. Jahala Kinser, a female assistant superintendent, at wage rates which were and are less than the rates paid to its male assistant superintendents performing substantially equal work. The Commission further alleges that Defendant also discriminated against Dr. Kinser by nonrenewing her employment contract because she opposed a practice made unlawful by the Equal Pay Act.
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 Sections 16(c) and 17 of the Fair Labor Standards Act of 1938 (the "FLSA"), as amended, 29 U.S.C. §§ 216(c) and 217, to

enforce the requirements of the Equal Pay Act of 1963, codified as Section 6(d) of the FLSA, 29 U.S.C. § 206(d).
2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Western District of Missouri, Western Division.
PARTIES 3. Plaintiff, the Commission, is the agency of the United States of America charged with the administration, interpretation and enforcement of the Equal Pay Act, and is expressly authorized to bring this action by Section 16(c) and 17 of the FLSA, as amended, 29 U.S.C. §§ 216(c) and 217, as amended by section 1 of Reorganization Plan No. 1 of 1978, 92 Stat. 3781, and by Public Law 98-532 (1984), 98 Stat. 2705. 4. At all relevant times, Defendant Ft. Osage School District has continuously been a political subdivision of the state of Missouri. 5. At all relevant times, Defendant School District has acted directly or indirectly as an employer in relation to employees and has continuously been an employer within the meaning of Section 3(d) of the FLSA, 29 U.S.C. § 203(d). 6. At all relevant times, Defendant has continuously been an enterprise engaged in commerce or in the production of goods for commerce within the meaning of Sections 3(r) and (s) of the FLSA, 29 U.S.C. §§ 203(r) and (s), in that said enterprise has continuously been engaged in the operation of a school system.
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STATEMENT OF CLAIMS 7. Since at least May 1, 2000, Defendant School District has violated Sections 6(d)(1) and 15(a)(2) of the FLSA, 29 U.S.C. §§ 206(d)(1) and 215(a)(2), by paying wages to Dr. Kinser, a female assistant superintendent, at rates less than the rates paid to male assistant superintendents in the same establishment for substantially equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions. 8. As a result of the acts complained of above, Defendant School District unlawfully withheld and is continuing to withhold the payment of wages due to Dr. Kinser. 9. Since at least May 1, 2000, Defendant violated Section 15(a)(3) of the FLSA, 29 U.S.C. § 215(a)(3), by discriminating against Dr. Kinser by nonrenewing her employment contract because she complained about her unequal pay in comparison to male assistant superintendents to the school's Superintendent. 10. The unlawful practices complained of above in paragraphs 7 and 9 above were and are willful.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant School District, its officers, successors, assigns, and all persons in active concert or participation with them, from discriminating within any of its establishments between employees on the basis of sex, by paying wages to employees of one sex at rates less than the rates at which it pays to employees of the opposite sex for substantially equal work on jobs the performance of which requires equal skill,
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effort, and responsibility, and which are performed under similar working conditions. B. Order Defendant School District 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. Grant a judgment requiring Defendant School District to pay appropriate back wages in amounts to be determined at trial, an equal sum as liquidated damages, or prejudgment interest in lieu thereof, to employees whose wages are being unlawfully withheld as a result of the acts complained of above, including but not limited to Dr. Kinser.
D. Order Defendant to make whole Dr. Kinser, by providing compensation for past and future pecuniary losses resulting from the unlawful practices described in paragraph 9 above in amounts to be determined at trial.
E. Order Defendant Employer to make whole Dr. Kinser by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 9 above, including emotional pain, suffering, inconvenience, loss of enjoyment of life and humiliation, in amounts to be determined at trial.
F. Grant such further relief as the Court deems necessary and proper in the public interest.
G. 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,
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ERIC DREIBAND General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel
/S/ Robert G. Johnson ROBERT G. JOHNSON Regional Attorney
/S/ Barbara Seely BARBARA SEELY Supervisory Trial Attorney
/S/ Jan Shelly JAN SHELLY MO Bar No. 42085 Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION St. Louis District Office Robert A. Young Federal Bldg. 1222 Spruce, Room 8.100 St. Louis, MO 63103 (314) 539-7918
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 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
and JAHALA KINSER
Plaintiffs, v. FT. OSAGE SCHOOL DISTRICT,
Defendant.

) ) ) ) ) ) ) ) ) ) Civil Action No.: 4:04-CV-00592-DW ) ) ) )

STIPULATION OF DISMISSAL WITH PREJUDICE

Pursuant to Rule 41(a)(1)(ii), Fed.R.Civ.P., Plaintiff Equal Employment Opportunity

Commission ("EEOC"), Plaintiff/Intervenor Jahala Kinser (“Kinser”), and Defendant Ft. Osage

School District(“Ft. Osage”), stipulate to the dismissal of the above-captioned action with

prejudice as follows:

1. The EEOC, Kinser, and Ft. Osage have reached an agreement to compromise and

settle all matters in controversy between them and have reduced their agreement to writing. A

signed copy of the parties’ Settlement Agreement is attached hereto and is hereby incorporated

as a part of this Stipulation of Dismissal.

2. The Court shall retain jurisdiction solely for the purpose of enforcing the terms of the

Settlement Agreement.

3. Each party shall bear its own costs and attorney’s fees.

4. Plaintiffs’ claims against Defendant are dismissed with prejudice.

FOR DEFENDANT FT. OSAGE SCHOOL DISTRICT

FOR PLAINTIFFS EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

/s/Thomas A. Mickes Thomas A. Mickes Sarah Wight Doster, Mickes, James, Ullom, Benson & Guest, L.L.C. 17107 Chesterfield Airport Rd., Ste 300 Chesterfield, MO 63005 TEL (636) 532-0042 FAX (636) 532-1082

/s/Robert G. Johnson Robert G. Johnson Regional Attorney
BARBARA A. SEELY Supervisory Trial Attorney
/s/Jan Shelly Jan Shelly Senior Trial Attorney
REBECCA STITH Senior Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1222 Spruce, Room 8.100 St. Louis, MO 63103 TEL (314) 539-7917 FAX (314) 539-7895
FOR PLAINTIFF JAHALA KINSER
/s/Anne Schiavone Anne Schiavone Law Offices of Anne Schiavone 105 East 5th St., Suite 401 Kansas City, MO 64106 TEL (816) 471-3832 FAX (816) 472-4433
/s/Gene P. Graham, Jr Gene P. Graham, Jr. White Allinder Graham Buckley, LLC 19049 E. Valley View Parkway Independence, MO 64055