IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Civil Action No.: EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, v. Albertson’s, Inc.
Defendant. ______________________________________________________________________________
COMPLAINT and JURY TRIAL DEMAND ______________________________________________________________________________
NATURE OF THE ACTION This is a public enforcement action to correct the unlawful employment practices of maintaining a hostile work environment based on race, color, and/or national origin in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et. seq. (“Title VII”) and subjecting individuals to disparate terms and conditions based on race, color and/or national origin. This action seeks to provide appropriate relief to a class of individuals adversely affected by such practices. Plaintiff, the U.S. Equal Employment Opportunity Commission (“EEOC”), contends Defendant, Albertson’s, Inc. (“Albertson’s”), has discriminated against a class of employees at the Distribution Center in Aurora, Colorado because of their race, color, and/or national origin. EEOC alleges that Albertson’s subjected this class of employees to a hostile work environment and unequal terms and conditions of employment in violation of Title VII. EEOC also alleges that Albertson’s failed to take prompt and effective remedial action

intended to eliminate the hostile work environment. 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 703(a), 704, 706(f)(1), 706(f)(3), of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e-2(a), 2000e-3, 2000e-5(f)(1), 2000e-5(f)(3), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. §1981a.
2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court, District of Colorado.
PARTIES 3. Plaintiff EEOC is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by Sections 706(f)(1) and 706(f)(3) of Title VII, 42 U.S.C. §§ 2000e-5(f)(1) and (3). 4. At all relevant times, Defendant has continuously been and is now doing business in the State of Colorado and has continuously had at least fifteen (15) employees. 5. At all relevant times, Defendant has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e-(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty (30) days prior to the institution of this lawsuit, Matthew Ricks (“Ricks”), an employee of Defendant, filed two charges of discrimination with the EEOC on behalf of himself and other similarly situated employees alleging violations of Title VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled.
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First Claim: Hostile Work Environment/Harassment 7. Plaintiff realleges the foregoing paragraphs 1-6 of this Complaint. 8. Since at least 1995, Defendant has engaged in unlawful employment practices at its Distribution Center in Aurora, Colorado, in violation of section 703(a) of Title VII, 42 U.S.C. §2000e-2(a), by allowing its Distribution Center employees to be subjected to repeated and continuing racial and national origin based harassment, comments, and graffiti including, but not limited to:
(a) swastikas and racial slurs on the bathroom fixtures and walls, and on the warehouse racks, including the use of the racial slurs “n-word” and “spic,” including references to “bastard babies” and including drawings of Black and Hispanic individuals with ropes around their necks.
(b) writing on equipment with the term “lazy n-word” and other racial and national origin based slurs.
(c) statements to Mr. Ricks and other Black employees, calling them “nwords” or “lazy n-words.”
(d) writing of racial and national origin based slurs on the wall of the candy room with such phrases as “the only good spic is a dead spic.”
9. In or about April of 2002, supervisor Jim Hayes (“Hayes”) approached Mr. Ricks during break time, grabbed Mr. Ricks’ papers, ordered him off the phone, was physically aggressive and stalked behind Mr. Ricks as he walked away, stating to Mr. Ricks, “There you go, acting like a n-word.”
10. The offensive conduct was sufficiently severe or pervasive as to alter the terms and conditions of employees subjected to the conduct.
3

11. The offensive conduct in the workplace initiated and/or participated in by employees, including but not limited to managers, constitutes harassment.
12. The harassment in the work place created a hostile work environment based on race, color, and/or national origin.
13. Defendant was aware of the harassment and that some managers participated in the harassment.
14. Defendant failed to take reasonable measures to prevent and promptly correct harassment in the workplace. Defendant violated its own harassment policy by its inaction. For example:
(a) swastikas and other derogatory racial and ethnic writings on walls and equipment remained continuously in place for periods of months or even years, even when management was explicitly advised of the graffiti;
(b) in May 2001, Jim Hartley (“Hartley”), Operations Manager, responded to a complaint regarding the graffiti and other harassment by telling the employee that he was “paranoid” and “comical” and took no further action;
(c) based upon information and belief, Defendant CEO Gary Scarff failed to respond to a letter from a black employee which included many examples of race discrimination; and
(d) Human Resources failed to respond when a black employee reported threats of physical violence from a white management official. 15. Defendant tolerated the hostile work environment on a continuing basis since at least 1995. 16. The effect of the events described above, including the harassment by managers
4

and Defendant’s failure to promptly and adequately respond to employee complaints of harassment pursuant to its harassment policies and procedures, has been to deprive individuals of equal employment opportunities based on their race, color, and/or national origin.
17. The unlawful employment practices described above were intentional. 18. The unlawful employment practices described above were done with malice or with reckless indifference to the federally protected rights of employees based on their race, color, and/or national origin. 19. The effect of the events described above has been to deprive individuals of equal employment opportunities based on their race, color, and/or national origin.
Second Claim: Terms and Conditions 20. Plaintiff realleges the foregoing paragraphs 1-6 of this Complaint. 21. Employees were subject to disparate terms and conditions of employment based on their race, color, and/or national origin, including, but not limited to:
(a) disciplinary actions, including written warnings, suspensions, and terminations; and
(b) selective assignment to less desirable jobs or denial of job assignments to “preferred duties.” 22. The unlawful employment practices described above were intentional. 23. The unlawful employment practices described above were done with malice or with reckless indifference to the federally protected rights of employees based on their race, color, and/or national origin. 24. The effect of the events described above has been to deprive individuals of equal employment opportunities based on their race, color, and/or national origin.
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PRAYER FOR RELIEF WHEREFORE, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant, Albertson’s, Inc., its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in any employment policy or practice which creates a hostile work environment or otherwise discriminates on the basis of race, color, and/or national origin, and from retaliating against employees who complain about discrimination; B. Order Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for all employees regardless of race, color, and/or national origin, and which eradicate the effects of its past unlawful employment practices, including retaliation; C. Order Defendant to make whole a class of individuals subjected to the hostile work environment based on their race, color, and/or national origin, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described above; D. Order Defendant to make whole a class of individuals subjected to the hostile work environment based on their race, color, and/or national origin, by providing compensation for past and future non-pecuniary losses, including emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life and humiliation; E. Order Defendant to pay a class of individuals subjected to the hostile work environment based on their race, color, and/or national origin punitive damages for its malicious and/or reckless conduct described above, in amounts to be determined at trial; F. Order Defendant and its successors to provide training to its officers, managers
6

and employees regarding discriminatory harassment and retaliation in the workplace;
G. Grant such further relief as the Court deems necessary and proper in the public
interest; and
H. Award the Commission its costs in this action.
JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by this Complaint.
Dated: June 30, 2006
Respectfully submitted,
JAMES L. LEE Deputy General Counsel
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, N.W. Washington, D.C. 20507
MARY JO O’NEILL Regional Attorney Phoenix District Office
s/ Nancy A. Weeks NANCY A. WEEKS Supervisory Trial Attorney EEOC Denver Field Office 303 E. 17th Ave., Suite 510 Denver, CO 80203 Nancy.weeks@eeoc.gov 303-866-1947
s/ Kim R. Rogers KIM R. ROGERS (LEAD ATTORNEY) Trial Attorney Kim.rogers@eeoc.gov (303) 866-1361
s/ Rita Byrnes Kittle Rita Byrnes Kittle Senior Trial Attorney Rita.kittle@eeoc.gov (303) 866-1347
7

PLEASE NOTE: For the purposes of service upon the EEOC, it is sufficient that pleadings, notices, and court documents be served upon the Trial Attorneys.
8

 
 Case 1:06-cv-01273-WYD-BNB Document 2 Filed 07/06/2006 Page 1 of 8
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Civil Action No.: 06-cv-01273 WYD-BNB EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, v. Albertson’s, Inc., Albertson’s LLC, SUPERVALU INC., and Cerberus Capital Management, L.P.,
Defendants. ______________________________________________________________________________
FIRST AMENDED COMPLAINT and JURY TRIAL DEMAND ______________________________________________________________________________
NATURE OF THE ACTION This is a public enforcement action to correct the unlawful employment practices of maintaining a hostile work environment based on race, color, and/or national origin in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et. seq. (“Title VII”) and subjecting individuals to disparate terms and conditions based on race, color and/or national origin. This action seeks to provide appropriate relief to a class of individuals adversely affected by such practices. Plaintiff, the U.S. Equal Employment Opportunity Commission (“EEOC”), contends Defendants, Albertson’s, Inc., Albertson’s LLC, SUPERVALU INC., and Cerberus Capital Management, L.P. (hereinafter “Albertson’s” or “Defendants”), discriminated against a class of employees at the Distribution Center in Aurora, Colorado because of their race, color, and/or national origin. EEOC alleges that Albertson’s subjected this class of employees to a

Case 1:06-cv-01273-WYD-BNB Document 2 Filed 07/06/2006 Page 2 of 8
hostile work environment and unequal terms and conditions of employment in violation of Title VII. EEOC also alleges that Albertson’s failed to take prompt and effective remedial action intended to eliminate the hostile work environment.
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 703(a), 704, 706(f)(1), 706(f)(3), of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e-2(a), 2000e-3, 2000e-5(f)(1), 2000e-5(f)(3), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. §1981a. 2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court, District of Colorado.
PARTIES 3. Plaintiff EEOC is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by Sections 706(f)(1) and 706(f)(3) of Title VII, 42 U.S.C. §§ 2000e-5(f)(1) and (3). At all relevant times, Defendant Albertson’s, Inc. continuously conducted business in the State of Colorado and continuously had at least fifteen (15) employees. Since on or about June 2, 2006, Defendants Albertson’s LLC, SUPERVALU INC., and Cerberus Capital Management, L.P. have continuously conducted business in the State of Colorado and continuously had at least fifteen (15) employees.
4. At all relevant times, Defendants have continuously been employers 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).
2

Case 1:06-cv-01273-WYD-BNB Document 2 Filed 07/06/2006 Page 3 of 8
STATEMENT OF CLAIMS 5. More than thirty (30) days prior to the institution of this lawsuit, Matthew Ricks (“Ricks”), an employee of Albertson’s, filed two charges of discrimination with the EEOC on behalf of himself and other similarly situated employees alleging violations of Title VII by Defendants. All conditions precedent to the institution of this lawsuit have been fulfilled.
First Claim: Hostile Work Environment/Harassment 6. Plaintiff realleges the foregoing paragraphs 1-6 of this Complaint. 7. Since at least 1995, Albertson’s engaged in unlawful employment practices at its Distribution Center in Aurora, Colorado, in violation of section 703(a) of Title VII, 42 U.S.C. §2000e-2(a), by allowing its Distribution Center employees to be subjected to repeated and continuing racial and national origin based harassment, comments, and graffiti including, but not limited to:
(a) swastikas and racial slurs on the bathroom fixtures and walls, and on the warehouse racks, including the use of the racial slurs “n-word” and “spic,” including references to “bastard babies” and including drawings of Black and Hispanic individuals with ropes around their necks.
(b) writing on equipment with the term “lazy n-word” and other racial and national origin based slurs.
(c) statements to Mr. Ricks and other Black employees, calling them “nwords” or “lazy n-words.”
(d) writing of racial and national origin based slurs on the wall of the candy room with such phrases as “the only good spic is a dead spic.”
3

Case 1:06-cv-01273-WYD-BNB Document 2 Filed 07/06/2006 Page 4 of 8
9. In or about April of 2002, supervisor Jim Hayes (“Hayes”) approached Mr. Ricks during break time, grabbed Mr. Ricks’ papers, ordered him off the phone, was physically aggressive and stalked behind Mr. Ricks as he walked away, stating to Mr. Ricks, “There you go, acting like a n-word.”
10. The offensive conduct was sufficiently severe or pervasive as to alter the terms and conditions of employees subjected to the conduct.
11. The offensive conduct in the workplace initiated and/or participated in by employees, including but not limited to managers, constitutes harassment.
12. The harassment in the work place created a hostile work environment based on race, color, and/or national origin.
13. Albertson’s was aware of the harassment and that some managers participated in the harassment.
14. Albertson’s failed to take reasonable measures to prevent and promptly correct harassment in the workplace. Albertson’s violated its own harassment policy by its inaction. For example:
(a) swastikas and other derogatory racial and ethnic writings on walls and equipment remained continuously in place for periods of months or even years, even when management was explicitly advised of the graffiti;
(b) in May 2001, Jim Hartley (“Hartley”), Operations Manager, responded to a complaint regarding the graffiti and other harassment by telling the employee that he was “paranoid” and “comical” and took no further action;
(c) based upon information and belief, CEO Gary Scarff failed to respond to a letter from a black employee which included many examples of race discrimination; and
4

Case 1:06-cv-01273-WYD-BNB Document 2 Filed 07/06/2006 Page 5 of 8
(d) Human Resources failed to respond when a black employee reported threats of physical violence from a white management official. 15. Albertson’s tolerated the hostile work environment on a continuing basis since at least 1995. 16. The effect of the events described above, including the harassment by managers and Albertson’s failure to promptly and adequately respond to employee complaints of harassment pursuant to its harassment policies and procedures, has been to deprive individuals of equal employment opportunities based on their race, color, and/or national origin. 17. The unlawful employment practices described above were intentional. 18. The unlawful employment practices described above were done with malice or with reckless indifference to the federally protected rights of employees based on their race, color, and/or national origin. 19. The effect of the events described above has been to deprive individuals of equal employment opportunities based on their race, color, and/or national origin.
Second Claim: Terms and Conditions 20. Plaintiff realleges the foregoing paragraphs 1-6 of this Complaint. 21. Employees were subject to disparate terms and conditions of employment based on their race, color, and/or national origin, including, but not limited to:
(a) disciplinary actions, including written warnings, suspensions, and terminations; and
(b) selective assignment to less desirable jobs or denial of job assignments to “preferred duties.” 22. The unlawful employment practices described above were intentional.
5

Case 1:06-cv-01273-WYD-BNB Document 2 Filed 07/06/2006 Page 6 of 8
23. The unlawful employment practices described above were done with malice or with reckless indifference to the federally protected rights of employees based on their race, color, and/or national origin.
24. The effect of the events described above has been to deprive individuals of equal employment opportunities based on their race, color, and/or national origin.
PRAYER FOR RELIEF WHEREFORE, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendants, their officers, successors, assigns, and all persons in active concert or participation with them, from engaging in any employment policy or practice which creates a hostile work environment or otherwise discriminates on the basis of race, color, and/or national origin, and from retaliating against employees who complain about discrimination; B. Order Defendants to institute and carry out policies, practices, and programs which provide equal employment opportunities for all employees regardless of race, color, and/or national origin, and which eradicate the effects of its past unlawful employment practices, including retaliation; C. Order Defendants to make whole a class of individuals subjected to the hostile work environment based on their race, color, and/or national origin, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described above; D. Order Defendants to make whole a class of individuals subjected to the hostile work environment based on their race, color, and/or national origin, by providing compensation for past and future non-pecuniary losses, including emotional pain, suffering, inconvenience,
6

Case 1:06-cv-01273-WYD-BNB Document 2 Filed 07/06/2006 Page 7 of 8
mental anguish, loss of enjoyment of life and humiliation;
E. Order Defendants to pay a class of individuals subjected to the hostile work
environment based on their race, color, and/or national origin punitive damages for its malicious
and/or reckless conduct described above, in amounts to be determined at trial;
F. Order Defendants and its successors to provide training to its officers, managers and employees regarding discriminatory harassment and retaliation in the workplace;
G. Grant such further relief as the Court deems necessary and proper in the public interest; and
H. Award the Commission its costs in this action. JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by this Complaint. Dated: July 6, 2006
Respectfully submitted,
JAMES L. LEE Deputy General Counsel
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, N.W. Washington, D.C. 20507
MARY JO O’NEILL Regional Attorney Phoenix District Office
s/ Nancy A. Weeks NANCY A. WEEKS Supervisory Trial Attorney EEOC Denver Field Office 303 E. 17th Ave., Suite 510 Denver, CO 80203 Nancy.weeks@eeoc.gov 303-866-1947
7

Case 1:06-cv-01273-WYD-BNB Document 2 Filed 07/06/2006 Page 8 of 8

PLEASE NOTE: For the purposes of service upon the EEOC, it is sufficient that pleadings, notices, and court documents be served upon the Trial Attorneys.

s/ Kim R. Rogers KIM R. ROGERS (LEAD ATTORNEY) Trial Attorney Kim.rogers@eeoc.gov (303) 866-1361
s/ Rita Byrnes Kittle Rita Byrnes Kittle Senior Trial Attorney Rita.kittle@eeoc.gov (303) 866-1347

8

 
 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Wiley Y. Daniel
Civil Action No. 06-CV-01273-WYD-BNB EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, v. ALBERTSON’S, INC. and ALBERTSON’S LLC,
Defendants. _____________________________________________________________________
ORDER _____________________________________________________________________
THIS MATTER is before the Court on Plaintiff EEOC’s Objections to Magistrate Judge Boland’s Order Regarding Plaintiff’s Emergency Motion for a Protective Order Prohibiting Ex Parte Communications With Class Members filed on August 21, 2006. More specifically, Plaintiff filed Objections on October 19, 2006, which were responded to by Defendant on November 1, 2006.
EEOC filed timely Objections to Magistrate Judge Boland’s Order. Thus, I must review the Order to determine whether it is "clearly erroneous or contrary to law" since the nature of the matter is nondispositive. FED. R. CIV. P. 72(a). “An order is clearly erroneous when the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been made.” Cook v. Rockwell Int’l Corp., 147 F.R.D. 237, 242 (D. Colo. 1993).
The Court agrees with Magistrate Boland’s conclusion that until individuals characterized by the EEOC as “potential class members”establish an attorney-client

relationship with the EEOC, or until it is established that Defendant Albertson’s lawyers have engaged in some misconduct, Defendant is permitted to engage in ex parte communications with these individuals. COLO. R. PROF. CONDUCT 4.2 states that “a lawyer shall not communicate about the subject of the representation with a party the lawyer knows to be represented by another lawyer in the matter.” Generally, an attorney-client relationship exists “when it is shown that the client seeks and receives the advice of the lawyer on the legal consequences of the client’s past or contemplated actions.” People v. Bennet, 810 P.2d 661, 664 (Colo. 1991)(quoting People v. Morley, 725 P.2d 510, 517 (Colo. 1986). In addition, an attorney-client relationship also exists upon the certification of a class pursuant to FED. R. CIV. P. 23. See e.g. Kleiner v. First Nat. Bank of Atlanta, 751 F.2d 1193, 1207 n.28 (11th Cir. 1985)(“At a minimum, class counsel represents all class members as soon as a class is certified; if not sooner”).
Actions brought by the EEOC pursuant to its authority under Title VII of the 1964 Civil Rights Act, however, “are not representative actions subject to Rule 23.” General Telephone Company of the Northwest, Inc. v. EEOC, 446 U.S. 318, 326 (1980). Plaintiff cites to no authority which holds that an attorney-client relationship exists in a Title VII action prior to the moment the individual seeks and receives the legal advice of the EEOC. Accordingly, Magistrate Boland’s conclusion that an attorney-client relationship does not exist between all individuals identified as potential class members and the EEOC is not clearly erroneous or contrary to law.
I further agree that there is no evidence in the record which would require this Court to exercise its supervisory powers to limit communications between Albertson’s and
-2-

potential class members. Magistrate Boland set this matter for a hearing and was prepared to accept evidence, but no party offered any evidence at that time. (Order 14). Because the EEOC has not produced any evidence of misconduct on the part of Albertson’s lawyers, I will not restrict their communications with potential class members at this time.
Based upon the foregoing, it is ORDERED that Magistrate Judge’s October 4, 2006, Order Regarding Plaintiff’s Emergency Motion for a Protective Order Prohibiting Ex Parte Communications With Class Members filed on August 21, 2006 is AFFIRMED. Dated: November 14, 2006
BY THE COURT: s/ Wiley Y. Daniel Wiley Y. Daniel U. S. District Judge
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 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Boyd N. Boland
Civil Action No. 06-cv-01273-WYD-BNB EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. ALBERTSON’S LLC, f/k/a Albertson’s, Inc., Defendant. ______________________________________________________________________________
ORDER ______________________________________________________________________________
This matter is before me on the following: (1) Plaintiff EEOC’s Motion to Compel Rule 34(a) Request for Entry Upon Land and Request for Expedited Hearing [Doc. # 63, filed 2/5/2007] (the “Motion for Inspection”); (2) Plaintiff EEOC’s Motion to Compel Production of Documents and Request for Expedited Hearing [Doc. # 65, filed 2/6/2007] (the “Motion to Compel”); and (3) Defendant Albertson’s LLC’s Motion for Extension of Time [etc.] [Doc. # 73, filed 2/13/2007] (the “Motion for Extension”). I held a hearing on the motions this afternoon. During the hearing, I was informed that the parties have resolved the Motion for Inspection and that the defendant has withdrawn the Motion for Extension. With respect to the Motion to Compel, I made rulings on the record which are incorporated here. In summary and for the reasons stated on the record:

IT IS ORDERED that the Motion for Inspection is DENIED as moot in view of the parties resolution of the matter.
IT IS FURTHER ORDERED that the Motion for Extension is DENIED as withdrawn. IT IS FURTHER ORDERED that the Motion to Compel is GRANTED IN PART and DENIED IN PART, as stated on the record. In view of the guidance provided today, the parties are to confer and agree as to what portions of the personnel files should be disclosed with respect to each of the approximately 133 individuals at issue. In addition, production of the personnel files may be pursuant to a blanket protective order in the nature of the Appendix to Gillard v. Boulder Valley School Dist., 196 F.R.D. 382 (D. Colo. 2000). Production of the personnel files shall be made on or before February 26, 2007. Dated February 16, 2007.
BY THE COURT: s/ Boyd N. Boland United States Magistrate Judge
2

 
 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
U.S. MAGISTRATE JUDGE BOYD N. BOLAND

Civil Action No. 06-cv01273-WYD-BNB Courtroom Deputy: Geneva D. Mattei

Date: February 16, 2007 FTR BNB COURTROOM A401

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
ALBERTSON’S INC., and ALBERTSON’S LLC.,
Defendants.

Kim Rogers Rita Byrnes Kittle
Lawrence Gartner

COURTROOM MINUTES

HEARING: MOTIONS

Court in Session: 1:29 p.m.

Appearance of counsel.

Court’s opening remarks.

Argument presented.

ORDERED: Motion to compel Rule 34 entry upon land by plaintiff (2/5/07 #63) is denied as moot.

ORDERED: Motion to compel production of documents by plaintiff (2/6/07 #65) is granted in part and denied in part. Production of personnel files shall be made available on or before February 26, 2007.

ORDERED: Motion for extension of time to file response/reply as to motion to compel Rule 34 entry upon land, motion to compel production of documents and for continuance of February 16, 2007 hearing by defendants (2/13/07 #73) is denied as withdrawn.

Court in Recess

2:18 p.m. Hearing concluded.

Total time in court: 00:49

 
 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Boyd N. Boland
Civil Action No. 06-cv-01273-WYD-BNB EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. ALBERTSON’S LLC, f/k/a Albertson’s, Inc., Defendant. ______________________________________________________________________________
ORDER ______________________________________________________________________________
This matter is before me on the following: (1) Plaintiff EEOC’s Motion for Rule 37 Sanctions or In the Alternative to Compel Answers to Interrogatories and Request for Expedited Hearing [Doc. # 95, filed 3/23/2007] (the “EEOC’s Motion to Compel”); and (2) Defendant Albertson’s LLC’s Motion for an Order Compelling the EEOC to Provide Further Responses to Discovery Requests [Doc. # 95, filed 3/23/2007] (“Albertson’s Motion to Compel”). I held a hearing on the motions this morning and made rulings on the record, which are incorporated here. In summary and for the reasons stated on the record: IT IS ORDERED that the EEOC’s Motion to Compel is GRANTED IN PART and DENIED IN PART as stated on the record. Interrogatory No. 2 shall count as 14 discrete subparts.

IT IS FURTHER ORDERED that Albertson’s Motion to Compel is GRANTED IN PART and DENIED IN PART. The EEOC shall provide complete responses to the requests on or before June 1, 2007.
Dated April 17, 2007. BY THE COURT: s/ Boyd N. Boland United States Magistrate Judge
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 Case 1:06-cv-01273-WYD-BNB Document 116-2 Filed 05/15/2007 Page 1 of 7
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Civil Action No. 06-cv-01273 WYD-BNB EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. ALBERTSON’S LLC f/k/a Albertson’s Inc. Defendant, JAMES BAXTER, Intervenor.
COMPLAINT IN INTERVENTION AND JURY DEMAND
Plaintiff/Intervenor, James L. Baxter (“Baxter”), having been permitted to intervene in this case, states as follows:
JURISDICTION AND VENUE 1. Jurisdicition of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345. 2. This action is authorized and instituted pursuant to 42 U.S.C. §§ 2000e-2(a), 2000e-3, 2000e-5(f)(1), 2000e-5(f)(3), 42 U.S.C. §1981a and 29 U.S.C. § 626(c)(1).
Exhibit 1
1

Case 1:06-cv-01273-WYD-BNB Document 116-2 Filed 05/15/2007 Page 2 of 7
3. The employment practices alleged to be unlawful were committed within the boundaries of the United States District Court for the District of Colorado and venue is proper pursuant to 28 U.S.C. § 1391.
PARTIES 4. Baxter is a 54 year old black man. 5. At all relevant times, Defendant Albertson’s LLC f/k/a Albertson’s Inc. (“Defendant” or “Albertson’s”) has continuously conducted business in the State of Colorado and has continuously employed at least twenty (20) people. 6. At all relevant times, Defendant has continuously been a employer engaged in an industry affecting commerce within the meaning of 42 U.S.C. §§ 2000e-(b), (g) and (h) and 29 U.S.C. . §§ 630(g) and (h).
GENERAL ALLEGATIONS 7. Plaintiff incorporates his prior allegations herein 8. Baxter is a member of a class of individuals who were subjected to disparate terms and conditions of employment because of race and age. 9. Since September 1, 1989, Baxter has been employed by Defendant at Albertson’s Distribution Center Warehouse #8281 in Aurora, Colorado as a warehouse order selector. 10. During the course of his employment, he has been subjected to harassment including racial insults and workplace graffiti based on his race and age which have been sufficiently pervasive or severe enough to alter the terms and conditions of his employment. 11. Albertson’s knew or should have known about the harassment.
2

Case 1:06-cv-01273-WYD-BNB Document 116-2 Filed 05/15/2007 Page 3 of 7
12. Swastikas have been drawn on the bathroom walls and fixtures. The words “Kunta” and “lazy n-word” have been written on warehouse equipment. (“Kunta” is the name of the black protagonist in the movie “Roots”.)
13. During the course of his employment, Baxter has regularly complained to supervisors about instances of bigotry and racial insults.
14. During the course of his employment, Baxter has been subjected to unwarranted discipline and given less favorable work assignments because of his race and age and because he has complained about discrimination based on race and age.
15. During the course of his employment, Baxter, because of his race and age, and because he has complained about discrimination based on race and age, has been denied opportunities to transfer to more favorable positions such as Aisle Forklift Operator and has been denied sufficient opportunities to train for such positions.
16. It is Albertson’s stated policy that employees perform their work safely. However, on December 21, 2000, Baxter was written up for allegedly wasting company time by checking his equipment to determine why its handle would not spring back up. The condition of the handle was a matter of safety.
17. On July 3, 2003, Baxter was the only order selector working in the candy, bakery and E divisions of the warehouse. A manager, Steven Dade, told him he was working too slowly and holding up loads. Baxter was replaced by another worker and sent to work in the A and B divisions. Selecting from the A and B divisions is much more physically demanding than selecting from the other divisions in the warehouse. Individuals who were loading told Baxter
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that he had not slowed them down. 18. Baxter believes that, because of his race and age and, because he has complained
about racial discrimination, he has been given job assignments as a selector which make it harder for him to meet production standards.
19. On September 21, 2006, Baxter filed a complaint with the EEOC complaining that he had been discriminated against on the basis of his age and race and in retaliation for his complaints about discrimination.
20. On April 23, 2007, Baxter’s wife became ill. Their 15 year old daughter called Albertson’s three times trying to talk with her father about her mother’s condition. Each time, she told the person who answered the phone that it was an emergency. Each time she was only given voice mail and was not allowed to speak to Baxter. When Baxter returned home, he found his wife unconscious. She was taken to the hospital where she remained until April 26, 2007.
21. On April 25, 2007, Baxter went to work at 6:00 a.m. He advised the manager, Jim Zanstra (“Zanstra”), that his wife was in the hospital in intensive care and asked him for Family Medical Leave Act (“FMLA”) forms. Zanstra told Baxter he would have to get the forms from Human Resources. Baxter went to Human Resources immediately but found it closed. He left to be with his wife at the hospital but returned to Human Resources at 1:00 p.m. and obtained FMLA forms.
22. When Baxter reported to work the next day, Steven Dade told him that he was suspended for three days for missing work on April 25th. When Baxter told him he had FMLA forms which would excuse his absence, Dade told Baxter that he would have to take that up with
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Human Resources. 23. On April 27, 2007, Baxter filed a second Charge with the EEOC complaining that
he had been discriminated against on the basis of his race and age, and in retaliation for his complaints of discrimination.
24. The unlawful employment practices described above were done willfully and with malice or with reckless indifference to Baxter’s federally protected rights based on his race and age and/or in retaliation for his complaints of discrimination.
FIRST CAUSE OF ACTION: TITLE VII RACE DISCRIMINATION 25. Baxter incorporates his prior allegations herein. 26. Baxter is a member of a protected class, African American. 27. Baxter was subjected to discrimination based upon his race. 28. As a result of the actions of Defendant, Baxter suffered damages.
SECOND CAUSE OF ACTION: AGE DISCRIMINATION 29. Baxter incorporates his prior allegations and cause of action herein. 30. Baxter is a member of a protected class, persons over the age of 40. 31. Baxter was subjected to discrimination based upon his age. 32. As a result of the actions of Defendant, Baxter suffered damages.
THIRD CAUSE OF ACTION: RETALIATION 33. Baxter incorporates his prior allegations and causes of action herein. 34. Baxter engaged in protected activity when he complained of racial and age discrimination to Albertson’s supervisors and when he filed charges with the EEOC.
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35. In retaliation for Baxter engaging in protected activity, he received unwarranted discipline, less favorable job assignments and was denied transfer to, and the opportunity to train for more favorable positions.
36. As a result of the actions of Albertson’s, Baxter suffered damages. WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in his favor and against the Defendant and award him all relief allowed by law including, but not limited to, the following: a. Actual economic damages as established at trial; b. Compensatory damages including, but not limited to, those for futrure pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other non-pecuniary losses; c. Liquidated damages for the claim of age discrimination; d. Punitive damages for all claims allowed by law in an amount to be determined at trial; e. Pre-judgment and post-judgment interest at the legal rate; f. Attorney’s fees and costs; and g. Such further relief as justice requires.
PLAINTIFF DEMANDS A JURY TRIAL ON ALL ISSUES TRIABLE.
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Plaintiff’s Address: James Baxter 3981 S. Carson Street, Unit A Aurora, CO 80011

ELWYN F. SCHAEFER & ASSOCIATES
s/Elwyn F.Schaefer____________________ Elwyn F. Schaefer Andrea J. Kershner 600 17th Street, Suite 2005-@ (303) 825-1961 Attorney for Plaintiff

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 Case 1:06-cv-01273-WYD-BNB Document 126-2 Filed 06/27/2007 Page 1 of 14
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Civil Action No. 06-cv-01273-WYD-BNB EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, and CHRISTOPHER ADAMS, JAMES BAXTER, and JAMES STEADHAM Intervenors, vs. ALBERTSON’S LLC, Defendant. _____________________________________________________________________
COMPLAINT AND JURY DEMAND OF INTERVENORS CHRISTOPHER ADAMS AND JAMES STEADHAM
_____________________________________________________________________ Christopher Adams (“Adams”) and James Steadham (“Steadham”) (jointly the
“Intervenors”), by their attorneys the law firm of McNamara & Martínez LLP, complain against Defendant Albertson’s LLC as follows:
NATURE OF COMPLAINT IN INTERVENTION 1. This complaint in intervention is brought under (a) Section 1 of the Civil Rights Act of 1866, 42 U.S.C. § 1981 (“Section 1981"), as amended, and (b) Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. (“Title VII”), as amended. 2. Intervenors have been adversely affected by unlawful employment practices taken against them by Defendant on the basis of their African-American race

Case 1:06-cv-01273-WYD-BNB Document 126-2 Filed 06/27/2007 Page 2 of 14
and/or black color. These unlawful employment practices include the maintenance of a severe, pervasive, and hostile work environment because of Intervenors’ race and/or color; discriminatory terms and conditions of Adams’ employment; and the discriminatory discharge of Adams. As redress for the damages they have suffered, and in the future will suffer, Intervenors seek legal and equitable remedies sufficient to make them whole, as more fully set forth below.
PARTIES 3. Adams is a citizen of the United States and a resident of the State of Colorado. Adams is African-American and a member of the black race, and is thus entitled to the rights and privileges protected by Section 1981 and Title VII. 4. Steadham is a citizen of the United States and a resident of the State of Colorado. Steadham is African-American and a member of the black race, and is thus entitled to the rights and privileges protected by Section 1981 and Title VII. 5. At all times herein relevant, Defendant has continuously been doing business in the State of Colorado, and has continuously had in excess of 15 employees in Colorado. 6. At all times relevant herein, Defendant was 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). 7. At all times relevant herein, Defendant was Intervenors’ employer, within the meaning of Section 701 of Title VII.
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JURISDICTION AND VENUE 8. This Court's federal question jurisdiction over Intervenors’ claims is invoked pursuant to 28 U.S.C. §§ 1331 and 1343(a)(4). This action is authorized and instituted pursuant to Section 1981 and Section 706 of Title VII. 9. Venue is proper in this Court pursuant to 42 U.S.C. § 2000e-5(f) (3) and 28 U.S.C. § 1391(b). The employment practices alleged to be unlawful were committed within the jurisdiction of the U.S. District Court for the District of Colorado. Defendant maintains offices and conducts business within the State of Colorado. 10. Plaintiff Equal Employment Opportunity Commission (“Plaintiff” or “EEOC”) investigated two class-wide pattern or practice charges of discrimination filed by a former black employee of Defendant, Matthew Ricks. Based on these charges, on 30 June 2006, the EEOC filed the instant class action lawsuit, alleging that Defendant has, since at least 1995, maintained a hostile work environment affecting a class of employees based on their race, color and/or national origin, and has subjected employees to discriminatory terms and conditions of employment, based also on such class member’s race, color and/or national origin. 11. Intervenors are members of the similarly-situated class of minority employees described in Plaintiff’s Amended Complaint, and are aggrieved individuals within the meaning of 42 U.S.C. § 2000e-5(f)(1). 12. On 29 May 2007, Adams filed his charge of discrimination, Charge No. 541-2007-1928. This charge is being investigated by Plaintiff.
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ALLEGATIONS OF INTERVENOR ADAMS 13. Adams first worked for Defendant from about June 2001 to about December 2004, when he voluntarily terminated his employment with Defendant. Adams then returned to Defendant’s employ in about January 2005, and continued to work for Defendant until his involuntary discharge in March 2007. 14. Adams worked at Defendant’s distribution center located at 2780 N. Tower Road, Aurora, CO 80011 (the “Distribution Center”). 15. Adams was an Order Selector while employed with Defendant. 16. Throughout his tenure with Defendant, Adams performed the functions of his position in a satisfactory manner.
Hostile Work Environment 17. Throughout his employment with Defendant, Adams has been subjected to a work environment at the Distribution Center which was permeated with racially explicit graffiti, epithets, drawings and writings. 18. The racially-offensive material to which Adams was exposed on a consistent and pervasive basis at the Distribution Center included, but were not limited to, the following: (a) “nigger”; (b) swastikas; (c) “nigger cottonpicker”; (d) “kill niggers”; (e) “die nigger die”; (f) “KKK”; (g) “white power”; (h) “a good nigger is a dead nigger”; (h) drawing of a gun with bullets hitting a black man; and (i) drawing of a black man with noose around neck. 19. Adams was exposed to these racially-offensive materials on a daily or nearly daily basis. At times viewing these racially-charged materials was so hurtful to
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Adams that he used the rest room in the maintenance room instead of using the men’s room, where a major portion of these offensive materials were to be found.
20. Adams complained on numerous occasions to his supervisors about these racially-charged materials, including without limitation Jim Hayes and Nate Valentine. Adams informed his supervisors that he was very offended by these racial materials, and requested that these incidents and materials be promptly investigated.
21. Adams did not witness a member of management take prompt and effective remedial action in response to these complaints until about the time that this litigation was filed by the EEOC. Adams observed these racially-charged materials remain in place without removal for long periods of time.
Discriminatory Terms & Conditions of Employment 22. Adams was subjected to discriminatory work assignments during his tenure with Defendant, including without limitation: (a) Adams was denied a position in Grocery in favor of a white employee who had not even bid on the position pursuant to the collection bargaining agreement in effect at the Distribution Center; (b) When he was assigned to work the service deli area, Adams and other black Order Selectors were denied assistants, in contrast to similarly-situated white employees who were often given assistants when assigned to the service deli area; (c) Adams and other black employees were frequently assigned more difficult orders to fill, in contrast to similarly-situated white employees who were assigned easier orders to fill;
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23. Adams was suspended without pay for about 2-3 days for failing to “pull average” during a particular calendar week, in contrast to similarly-situated white employees who failed to “pull average,” and were either not disciplined at all, or disciplined in a less severe manner; and
24. Adams was denied his requests to receive training on operating a forklift, how to load trailers, and how to replenish “pick slots,” in contrast to similarly-situated white employees who were provided such training.
Discriminatory Discharge 25. In about March 2007 Defendant accused Adams of engaging in a nonphysical altercation with a non-black employee. 26. Adams denied any inappropriate conduct in the incident, and he and the other employee involved gave conflicting versions of the incident to management. 27. Prior to this incident, Adams had no history of workplace arguments or violence. In contrast, the non-black employee involved had a history of arguments in the workplace. 28. Adams’ supervisor, Jim Hayes, tampered with and altered the report prepared as a result of this incident, in an effort to falsely create the impression that Adams was more culpable in the incident than he really was. 29. After concluding its investigation of the incident, Defendant discriminatorily chose to involuntarily discharge Adams, but kept the other employee on its payroll. 30. As a direct and proximate result of Defendant’s unlawful employment practices complained of herein, Adams has suffered, and in the future will suffer, back pay and fringe benefit losses, front pay and benefit losses, out-of-pocket pecuniary
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losses, lost future earnings capacity, mental suffering, emotional distress, loss of enjoyment of life, humiliation, loss of reputation, intimidation and inconvenience, and other compensable, non-economic injuries.
ALLEGATIONS OF INTERVENOR STEADHAM 31. Steadham has continuously worked for Defendant since August 1982. 32. Throughout his tenure with Defendant, Steadham has worked at the Distribution Center. 33. Steadham has held the positions of Warehouseman, Loader and Forklift Operator, as well as having worked in the Shipping and Receiving department at the Distribution Center. 34. Throughout his tenure with Defendant, Steadham has performed the functions of his positions in a satisfactory manner. 35. Since about the early 1980s, Steadham has been subjected to a work environment at the Distribution Center which was permeated with racially explicit graffiti, epithets, drawings and writings. 36. The racially-offensive material to which Steadham was exposed on a consistent and pervasive basis at the Distribution Center included, but were not limited to, the following: (a) “nigger”; (b) swastikas; (c) “niggers go back to Africa”; (d) “go back to Africa”; (e) “nigger Nate”; (f) “KKK”; (g) “white power”; and (h) drawings of black men with huge penises, testicles, lips and hair. 37. Steadham was exposed to these racially-offensive materials with considerable frequency, at some points during the course of the class period on a daily or almost daily basis.
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38. Steadham frequently complained over the course of the class period to his supervisors about these racial materials, including without limitation supervisors Jeff Gannon, Jim Hartley, Gary Scarff and Jeff Waite. Steadham informed his supervisors that he was very offended by these racial materials, and requested that these incidents and materials be promptly investigated and dealt with.
39. At times viewing these racially-charged materials was so hurtful to Steadham that he used the rest room in the maintenance room instead of using the men’s room, where a major portion of these offensive materials were to be found.
40. On numerous occasions over the course of the class period, notwithstanding the complaints of Steadham and other employees, Defendant failed to take prompt and effective remedial action in response to such complaints. On numerous such occasions the racially offensive materials described above remained in place without removal for several weeks and, on some occasions, months.
41. As a direct and proximate result of Defendant’s unlawful employment practices complained of herein, Steadham has suffered, and in the future will suffer, mental suffering, emotional distress, loss of enjoyment of life, humiliation, loss of reputation, intimidation and inconvenience, and other compensable, non-economic injuries.
FIRST CLAIM FOR RELIEF (Racially Hostile Work Environment in Violation of Section 1981 - Both Intervenors)
42. Intervenors incorporate the allegations set forth in paragraphs 1 through 41 of this complaint as if fully alleged herein.
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43. During all times herein relevant, Defendant consistently maintained and condoned a work environment at the Distribution Center which was pervasively and severely hostile to black employees.
44. Intervenors were subjected to a severe and pervasively hostile work environment at the Distribution Center because of their black race and/or color, in violation of Section 1981.
45. This violation was intentional. 46. This violation was willful and wanton, and/or was done with malice or with reckless indifference to Intervenors’ federally-protected rights. WHEREFORE, Intervenors pray for relief as more fully set forth below.
SECOND CLAIM FOR RELIEF (Racially Hostile Work Environment in Violation of Title VII - Both Intervenors)
47. Intervenors incorporate the allegations set forth in paragraphs 1 through 46 of this complaint as if fully alleged herein.
48. During all times herein relevant, Defendant consistently maintained and condoned a work environment at the Distribution Center which was pervasively and severely hostile to black employees.
49. Intervenors were subjected to a severe and pervasively hostile work environment at the Distribution Center because of their black race and/or color, in violation of Title VII.
50. This unlawful employment practice was intentional. 51. This unlawful employment practice was willful and wanton, and/or was done with malice or with reckless indifference to Intervenors’ federally-protected rights.
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WHEREFORE, Intervenors pray for relief as more fully set forth below. THIRD CLAIM FOR RELIEF
(Discriminatory Terms and Conditions of Employment in Violation of Section 1981 - Intervenor Adams )
52. Adams incorporates the allegations set forth in paragraphs 1 through 51 of this complaint as if fully alleged herein.
53. Defendant discriminated against Adams on the basis of his black race and/or color with respect to the terms and conditions of his employment including, but not limited to, disparate discipline, disparate work assignments and discriminatory denial of training.
54. These violations were intentional. 55. These violations were willful and wanton, and/or were done with malice or with reckless indifference to Adams’ federally-protected rights. 56. Defendant’s discrimination against Adams in the terms and conditions of his employment was in violation of Section 1981. WHEREFORE, Adams prays for relief as more fully set forth below.
FOURTH CLAIM FOR RELIEF (Discriminatory Terms and Conditions of Employment in
Violation of Title VII - Intervenor Adams) 57. Adams incorporates the allegations set forth in paragraphs 1 through 56 of this complaint as if fully alleged herein. 58. Defendant discriminated against Adams on the basis of his black race and/or color with respect to the terms and conditions of his employment including, but not limited to, disparate discipline, disparate work assignments and discriminatory denial of training.
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59. These unlawful employment practice were intentional. 60. These unlawful employment practice were willful and wanton, and/or were done with malice or with reckless indifference to Adams’ federally-protected rights. 61. Defendant’s discrimination against Adams in the terms and conditions of his employment was in violation of Title VII. WHEREFORE, Adams prays for relief as more fully set forth below.
FIFTH CLAIM FOR RELIEF (Discharge on the Basis of Race In Violation of Section 1981 - Intervenor Adams)
62. Adams incorporates the allegations set forth in paragraphs 1 through 61 of this complaint as if fully alleged herein.
63. Defendant discharged Adams for allegedly engaging in a non-physical altercation with a non-black employee, but only suspended the non-black employee for the same alleged incident.
64. Defendant’s proffered reason for involuntarily discharging Adams was false and pretextual, and was known to Defendant to be false and pretextual.
65. Adams was involuntarily discharged from his employment with Defendant because of his black race and/or color.
66. Defendant’s discharge of Adams was intentional. 67. Defendant’s discharge of Adams was willful and wanton, and/or was done with malice or with reckless indifference to Adams’ federally-protected rights. 68. Defendant’s discharge of Adams was in violation of Section 1981. WHEREFORE, Adams prays for relief as more fully set forth below.
SIXTH CLAIM FOR RELIEF (Discharge on the Basis of Race In Violation of Title VII - Intervenor Adams)
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69. Adams incorporates the allegations set forth in paragraphs 1 through 68 of this complaint as if fully alleged herein.
70. Defendant discharged Adams for allegedly engaging in a non-physical altercation with a non-black employee, but only suspended the non-black employee for the same alleged incident.
71. Defendant’s proffered reason for involuntarily discharging Adams was were false and pretextual, and was known to Defendant to be false and pretextual.
72. Adams was involuntarily discharged from his employment with Defendant because of his black race and/or color.
73. Defendant’s discharge of Adams was intentional. 74. Defendant’s discharge of Adams was willful and wanton, and/or was done with malice or with reckless indifference to Adams’ federally-protected rights. 75. Defendant’s discharge of Adams because of his race and/or color was in violation of Title VII. WHEREFORE, Adams prays for relief as more fully set forth below.
PRAYER FOR RELIEF Intervenors respectfully request that this Court enter judgment in their favor and against Defendant, and that it order the following relief against Defendant: A. Enjoin Defendant from refusing to immediately reinstate Adams to his previous position of Order Selector, with the corresponding salary, benefits, bonuses and company seniority as if Adams had continuously held such a position since 26 March 2007;
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B. Award Adams past and future economic damages as allowed by law, in an amount to be determined at trial, including, but not limited to, back pay and lost benefits, front pay and benefits and pecuniary compensatory damages;
C. Award Intervenors past and future non-economic damages, for all claims as allowed by law, in an amount to be determined at trial, including, but not limited to, lost earnings capacity, mental suffering, emotional distress, loss of enjoyment of life, humiliation, loss of reputation, intimidation and inconvenience;
D. Award Intervenors punitive or exemplary damages for all claims as allowed by law, in an amount to be determined at trial;
E. Award Intervenors attorney’s fees and costs, including expert witness fees, as allowed by law;
F. Award Intervenors pre-judgment and post-judgment interest; and H. Award Intervenors such other and further relief as this Court deems just and proper.
JURY TRIAL DEMAND Intervenors demand a jury trial on all issues of fact raised by their Complaint. Dated this 27th day of June, 2007.
s/ William J. Martínez McNamara & Martinez LLP 1640 East 18th Avenue Denver, CO 80218 Tel: 303/333-8700 Fax: 303/331-6967 E-mail: wjm@mcmarlaw.com ATTORNEY FOR INTERVENORS CHRISTOPHER ADAMS and JAMES STEADHAM 13

Case 1:06-cv-01273-WYD-BNB Document 126-2 Filed 06/27/2007 Page 14 of 14
Address of Intervenor Christopher Adams: 4775 Argonne Street Apartment 8206 Denver, CO 80249
Address of Intervenor James Steadham: 390 South Ursula Way Aurora, CO 80012

CERTIFICATE OF SERVICE

I hereby certify that on this 27th day of June, 2007, I electronically filed the foregoing COMPLAINT AND JURY DEMAND OF INTERVENORS CHRISTOPHER ADAMS AND JAMES STEADHAM with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses:

Nancy A. Weeks

nancy.weeks@eeoc.gov

Rita Byrnes Kittle

rita.kittle@eeoc.gov

Kim R. Rogers

kim.rogers@eeoc.gov

U.S. Equal Employment Opportunity Commission

Elwyn F. Schaefer

efschaefer@qwest.net

Andrea J. Kershner

akershner@qwest.net]

Elwyn F. Schaefer & Associates

Lawrence J. Gartner

gartner@kmm.com

Naomi Young

young@kmm.com

Stephanie M. Gushá

gusha@kmm.com

Kauff, McClain & McGuire LLP

Richard S. Mandelson Baker & Hostetler LLP

rmandelson@bakerlaw.com

s/ Kathi Donahue

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 Case 1:06-cv-01273-WYD-BNB Document 166-2 Filed 08/31/2007 Page 1 of 12
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Civil Action No. 06-cv-01273-WYD-BNB EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, and CHRISTOPHER ADAMS, JAMES BAXTER, LUIS SOLIS GONZÁLEZ and JAMES STEADHAM Intervenors, vs. ALBERTSON’S LLC, Defendant. _____________________________________________________________________
COMPLAINT AND JURY DEMAND OF INTERVENOR LUIS SOLIS GONZÁLEZ _____________________________________________________________________ Luis Solis González (“Intervenor” or “Solis”), by his attorneys the law firm of McNamara & Martínez LLP, complain against Defendant Albertson’s LLC as follows: NATURE OF COMPLAINT IN INTERVENTION 1. This complaint in intervention is brought under (a) Section 1 of the Civil Rights Act of 1866, 42 U.S.C. § 1981 (“Section 1981"), as amended, and (b) Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. (“Title VII”), as amended. 2. Intervenor has been adversely affected by unlawful employment practices taken against him by Defendant on the basis of his Mexican-Hispanic national origin. These unlawful employment practices include the maintenance of a severe, pervasive,

Case 1:06-cv-01273-WYD-BNB Document 166-2 Filed 08/31/2007 Page 2 of 12
and hostile work environment because of Intervenor’ national origin, and discriminatory terms and conditions of employment. As redress for the damages he has suffered, and in the future will suffer, Intervenor seek legal and equitable remedies sufficient to make him whole, as more fully set forth below.
PARTIES 3. Solis is a citizen of the United States and a resident of the State of Colorado. Solis was born in México is of Mexican-Hispanic national origin. He is thus entitled to the rights and privileges protected by Section 1981 and Title VII. 4. At all times herein relevant, Defendant has continuously been doing business in the State of Colorado, and has continuously had in excess of 15 employees in Colorado. 5. At all times relevant herein, Defendant was 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). 6. At all times relevant herein, Defendant was Solis’ employer, within the meaning of Section 701 of Title VII.
JURISDICTION AND VENUE 7. This Court's federal question jurisdiction over Intervenor’s claims is invoked pursuant to 28 U.S.C. §§ 1331 and 1343(a)(4). This action is authorized and instituted pursuant to Section 1981 and Section 706 of Title VII. 8. Venue is proper in this Court pursuant to 42 U.S.C. § 2000e-5(f) (3) and 28 U.S.C. § 1391(b). The employment practices alleged to be unlawful were
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committed within the jurisdiction of the U.S. District Court for the District of Colorado. Defendant maintains offices and conducts business within the State of Colorado.
9. Plaintiff Equal Employment Opportunity Commission (“Plaintiff” or “EEOC”) investigated two class-wide pattern or practice charges of discrimination filed by a former black employee of Defendant, Matthew Ricks. Based on these charges, on 30 June 2006, the EEOC filed the instant class action lawsuit, alleging that Defendant has, since at least 1995, maintained a hostile work environment affecting a class of employees based on his race, color and/or national origin, and has subjected employees to discriminatory terms and conditions of employment, based also on such class member’s race, color and/or national origin.
10. Intervenor is a member of the similarly-situated class of minority employees described in Plaintiff’s Amended Complaint, and is an aggrieved individual within the meaning of 42 U.S.C. § 2000e-5(f)(1).
GENERAL FACTUAL ALLEGATIONS 11. Solis worked for Defendant from about July 2002 to August 2007. 12. Solis worked at Defendant’s distribution center located at 2780 North Tower Road, Aurora, CO 80011 (the “Distribution Center”). 13. While employed with Defendant, Solis was a Mechanic in the Maintenance Department at the Distribution Center. 14. Throughout his tenure with Defendant, Solis performed the functions of his position in at least a satisfactory manner.
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Hostile Work Environment 15. Throughout his employment with Defendant, Solis has been subjected to a work environment at the Distribution Center which was permeated with racially explicit graffiti, epithets, drawings and writings. 16. Solis has heard offensive racial and ethnic slurs and comments at the Distribution Center, including but not limited to “nigger,” “fucking nigger,” “cholos,” “Mexicans should go back to México,” “dumb Mexicans,” “lazy Mexicans,” and “go back to México” and “go back to México you fucking Mexicans.” He also heard comments to the effect that the workers should speak English because this is the U.S. and not México. In addition, on several occasions Solis heard white employee Les Reed freely admit that he did not like black people and that he discriminated against black people. 17. Solis has heard managers and supervisors say “andele, andele” (“hurry up”) over the loudspeaker, and does not recall ever hearing any similar call to hurry up made in English. 18. Solis complained to his supervisor about these racially explicit comments. To Intervenor’s knowledge, no disciplinary action was ever taken against Reed or any other individual who made these comments. 19. On several occasions white co-worker Steve Ropp told Solis to “go back to México” and “don’t speak Spanish.” Although Solis complained to his supervisor, no disciplinary action was ever taken against Ropp and these comments continued. 20. Solis was very offended by these racial comments and informed his supervisor of this on more than one occasion, and requested that these comments stop. These comments continued on a frequent basis even after Solis complained.
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21. Solis has also frequently seen offensive racial and ethnic writings in the workplace, including but not limited to swastikas, “nigger,” “fucking nigger,” “kill niggers,” “white power,” “go back to México,” “fucking spic,” “wetback,” “fucking wetback,” “a good nigger is a dead nigger,” and “porch monkeys.” Solis was exposed to these raciallyoffensive materials on a daily or nearly daily basis since his employment began with Defendant.
22. In November 2006 white employee Les Reed wrote on a calendar on November 20, a Mexican holiday, a comment to the effect that “all fucking Mexicans go back to Mexico, why are you here?”
23. Solis complained about the calendar writing to Foreman Victor Lopez, who in turn complained to Warehouse Manager Jim Hayes. Despite these complaints, the calendar remained up in full view of all employees for two days before it was removed. No disciplinary action was taken against Reed.
24. Solis informed his supervisors that he was very offended by these racial writings, and requested that these incidents and writings be promptly investigated.
25. Solis did not witness any member of management take prompt and effective remedial action in response to these complaints until about the time that this litigation was filed by the EEOC. Solis observed these racially-charged writings remain in place without removal for long periods of time.
Discriminatory Terms & Conditions of Employment 26. Solis was subjected to discriminatory work assignments during his tenure with Defendant, including without limitation the following:
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27. Solis was frequently required to do more tasks than white Maintenance Department employees, and was also very frequently assigned tasks which were much harder and more difficult to do and complete than the tasks assigned to white Mechanics.
28. Solis was also frequently assigned to work alone on projects that required two workers, and to which a helper was assigned when the same projects are given to white employees. These were projects which included, but were not limited to, repairing overhead doors and repairing or installing racks.
29. Solis frequently complained to his supervisors about his discriminatory work assignments, and he specifically complained that he was expected to do more work, and harder work, solely because of his Mexican national origin. His complaints never resulted in a change in these discriminatory terms and conditions of employment.
30. George Potter, Manager of the Maintenance Department at the Distribution Center, often unilaterally changed Intervenor’s bid schedule. Solis initially assumed his schedule was subject to change because he was the least senior Mechanic. But even after he was no longer the least senior employee in the Maintenance Department, his schedule was often changed to his detriment, and to the benefit of a less senior white employee.
31. When Solis complained to Potter about the unilateral changes to his work schedule, he was told that if he wanted his regular days off, he could call in sick, a solution which would have caused Solis to be assessed points and disciplined under Defendant’s attendance policy.
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32. Similarly, when Solis asked for time off he was frequently denied, while similar requests from white employees were routinely granted.
33. When Solis learned that an employee on the day shift was quitting, he requested that shift. Potter initially denied that anyone was quitting, and when a vacancy did occur on the day shift, the shift in question was assigned to a white employee who had less seniority at the time when Solis had made his transfer request.
34. Solis was publically humiliated by his General Manager in a manner never done to white employees. This occurred when Solis and his foreman, Mr. Lopez, were asked to repair a broken pallet jack. They were unable to immediately diagnose the problem because a pallet was stuck. While waiting to have a forklift remove the pallets, the Distribution Center’s General Manager, Charles Miller, became impatient and used another pallet jack to ram into the jammed pallet, causing the entire stack of pallets to fall. Miller blamed Solis and Lopez for breaking the pallet jack, yelling and publicly ridiculing them in the presence of a number of employees. Solis was embarrassed and humiliated by this unprecedented incident.
35. While employed with Defendant, Solis observed that several qualified minority employees, including Victor Lopez, Pete Dennis, and Jose Maldonado, were passed over for promotion in favor of white candidates hired from outside the company.
36. As a direct and proximate result of Defendant’s unlawful employment practices complained of herein, Solis has suffered, and in the future will suffer, mental suffering, emotional distress, loss of enjoyment of life, humiliation, loss of reputation, intimidation and inconvenience, and other compensable, non-economic injuries.
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FIRST CLAIM FOR RELIEF (Hostile Work Environment Based on National Origin in Violation of Section 1981)
37. Intervenor incorporates the allegations set forth in paragraphs 1 through 36 of this complaint as if fully alleged herein.
38. During all times herein relevant, Defendant consistently maintained and condoned a work environment at the Distribution Center which was pervasively and severely hostile to Hispanic employees.
39. Intervenor was subjected to a severe and pervasively hostile work environment at the Distribution Center because of his Mexican-Hispanic national origin, in violation of Section 1981.
40. This violation was intentional. 41. This violation was willful and wanton, and/or was done with malice or with reckless indifference to Intervenor’s federally-protected rights. WHEREFORE, Intervenor prays for relief as more fully set forth below.
SECOND CLAIM FOR RELIEF (Hostile Work Environment Based on National Origin in Violation of Title VII) 42. Intervenor incorporates the allegations set forth in paragraphs 1 through 41 of this complaint as if fully alleged herein. 43. During all times herein relevant, Defendant consistently maintained and condoned a work environment at the Distribution Center which was pervasively and severely hostile to Hispanic employees. 44. Intervenor was subjected to a severe and pervasively hostile work environment at the Distribution Center because of his Mexican-Hispanic national origin, in violation of Title VII.
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45. This unlawful employment practice was intentional. 46. This unlawful employment practice was willful and wanton, and/or was done with malice or with reckless indifference to Intervenor’s federally-protected rights. WHEREFORE, Intervenor prays for relief as more fully set forth below.
THIRD CLAIM FOR RELIEF (Discriminatory Terms and Conditions of Employment in Violation of Section 1981)
47. Intervenor incorporates the allegations set forth in paragraphs 1 through 46 of this complaint as if fully alleged herein.
48. Defendant discriminated against Intervenor on the basis of his MexicanHispanic national origin with respect to the terms and conditions of his employment including, but not limited to, disparate work assignments and schedules, disparate shift assignments, and discriminatory working conditions.
49. These violations were intentional. 50. These violations were willful and wanton, and/or were done with malice or with reckless indifference to Intervenor’s federally-protected rights. 51. Defendant’s discrimination against Intervenor in the terms and conditions of his employment was in violation of Section 1981. WHEREFORE, Intervenor prays for relief as more fully set forth below.
FOURTH CLAIM FOR RELIEF (Discriminatory Terms and Conditions of Employment in Violation of Title VII)
52. Intervenor incorporates the allegations set forth in paragraphs 1 through 51 of this complaint as if fully alleged herein.
53. Defendant discriminated against Intervenor on the basis of his MexicanHispanic national origin with respect to the terms and conditions of his employment
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including, but not limited to, disparate work assignments and schedules, disparate shift assignments, and discriminatory working conditions.
54. These unlawful employment practices were intentional. 55. These unlawful employment practices were willful and wanton, and/or were done with malice or with reckless indifference to Intervenor’s federally-protected rights. 56. Defendant’s discrimination against Intervenor in the terms and conditions of his employment was in violation of Title VII. WHEREFORE, Intervenor prays for relief as more fully set forth below.
PRAYER FOR RELIEF Intervenor respectfully request that this Court enter judgment in his favor and against Defendant, and that it order the following relief against Defendant: A. Award Intervenor past and future non-economic damages, for all claims as allowed by law, in an amount to be determined at trial, including, but not limited to, lost earnings capacity, mental suffering, emotional distress, loss of enjoyment of life, humiliation, loss of reputation, intimidation and inconvenience; B. Award Intervenor punitive or exemplary damages for all claims as allowed by law, in an amount to be determined at trial; C. Award Intervenor attorney’s fees and costs, including expert witness fees, as allowed by law; D. Award Intervenor pre-judgment and post-judgment interest; and E. Award Intervenor such other and further relief as this Court deems just and proper.
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JURY TRIAL DEMAND Intervenor demands a jury trial on all issues of fact raised by his Complaint. Dated this 31st day of August, 2007.
s/ William J. Martínez McNamara & Martinez LLP 1640 East 18th Avenue Denver, CO 80218 Tel: 303/333-8700 Fax: 303/331-6967 E-mail: wjm@mcmarlaw.com ATTORNEY FOR INTERVENORS CHRISTOPHER ADAMS, LUIS SOLIS GONZÁLEZ and JAMES STEADHAM
Address of Intervenor Luis Solis González: 10106 North Pitkin Way Commerce City, CO 80022
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CERTIFICATE OF SERVICE

I hereby certify that on this 31st day of August, 2007, I electronically filed the foregoing COMPLAINT AND JURY DEMAND OF INTERVENOR LUIS SOLIS GONZÁLEZ with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses:

Rita Byrnes Kittle

rita.kittle@eeoc.gov

Lynn Palma

lynn.palma@eeoc.gov

U.S. Equal Employment Opportunity Commission

Elwyn F. Schaefer

efschaefer@qwest.net

Andrea J. Kershner

akershner@qwest.net

Elwyn F. Schaefer & Associates

Lawrence J. Gartner

gartner@kmm.com

Stephanie M. Gushá

gusha@kmm.com

Naomi Young

young@kmm.com

Kimberly M. Talley

talley@kmm.com

Kauff, McClain & McGuire LLP

Richard S. Mandelson Baker & Hostetler LLP

rmandelson@bakerlaw.com

s/ Kathi Donahue

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 Case 1:06-cv-01273-WYD-BNB Document 189-2 Filed 09/17/2007 Page 1 of 19
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Civil Action No. 06-cv-01273-WYD-BNB EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, and CHRISTOPHER ADAMS, JAMES BAXTER, LUIS SOLIS GONZÁLEZ, JAMES STEADHAM and NATE VALENTINE, Intervenors, vs. ALBERTSON’S LLC, Defendant. _____________________________________________________________________
COMPLAINT AND JURY DEMAND OF INTERVENOR NATE VALENTINE
_____________________________________________________________________ Nate Valentine (“Intervenor” or “Valentine”), by his attorneys the law firm of
McNamara, Roseman, Martínez & Kazmierski LLP, complains against Defendant Albertson’s LLC as follows:
NATURE OF COMPLAINT IN INTERVENTION 1. This complaint in intervention is brought pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. (“Title VII”), as amended. 2. Intervenor has been adversely affected by unlawful employment practices taken against him by Defendant on the basis of his black race. These unlawful

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employment practices include the maintenance of a severe, pervasive, and hostile work environment, and discriminatory terms and conditions of employment. As redress for the damages he has suffered, Intervenor seeks legal and equitable remedies sufficient to make him whole, as more fully set forth below.
PARTIES 3. Valentine is an African-American citizen of the United States and a resident of the State of Pennsylvania. He is thus entitled to the rights and privileges protected by Title VII. 4. At all times herein relevant, Defendant has continuously been doing business in the State of Colorado, and has continuously had in excess of 15 employees in Colorado. 5. At all times herein relevant, Defendant was 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). 6. At all times herein relevant, Defendant was Valentine’s employer, within the meaning of Section 701 of Title VII.
JURISDICTION AND VENUE 7. This Court's federal question jurisdiction over Intervenor’s claims is invoked pursuant to 28 U.S.C. §§ 1331 and 1343(a)(4). This action is authorized and instituted pursuant to Section 706 of Title VII. 8. Venue is proper in this Court pursuant to 42 U.S.C. § 2000e-5(f) (3) and 28 U.S.C. § 1391(b). The employment practices alleged to be unlawful were
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committed within the jurisdiction of the U.S. District Court for the District of Colorado. Defendant maintains offices and conducts business within the State of Colorado.
9. Plaintiff Equal Employment Opportunity Commission (“Plaintiff” or “EEOC”) investigated two class-wide pattern or practice charges of discrimination filed by a former black employee of Defendant, Matthew Ricks. Based on these charges, on 30 June 2006, the EEOC filed the instant class action lawsuit, alleging that Defendant has, since at least 1995, maintained a hostile work environment affecting a class of employees based on his race, color and/or national origin, and has subjected employees to discriminatory terms and conditions of employment, based also on such class member’s race, color and/or national origin.
10. Intervenor is a member of the similarly-situated class of minority employees described in Plaintiff’s Amended Complaint, has been identified as a Claimant in this litigation by the EEOC, and is an aggrieved individual within the meaning of 42 U.S.C. § 2000e-5(f)(1).
GENERAL FACTUAL ALLEGATIONS 11. Valentine began working for Defendant in March 1996 as an Order Selector at its Katy, Texas distribution center. 12. Based on his strong work ethic and performance, Valentine was promoted to Warehouse Foreman in September 1996. In April 1997, Valentine was further promoted to the position of Warehouse Supervisor at Defendant’s Katy, Texas facility. 13. In June 2000 Valentine accepted a lateral transfer to a Warehouse Supervisor position at Defendant’s distribution center located at 2780 North Tower Road, Aurora, CO 80011 (the “Distribution Center”). Valentine held the position of
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Warehouse Supervisor during the entire period of time he was employed at the Distribution Center.
14. In February 2003, Valentine accepted another lateral transfer, this time to the position of Warehouse Supervisor at Defendant’s Lancaster, Penn. distribution center. After about one year, again based on his strong work ethic and performance, Valentine received another promotion, this time to the position of Warehouse Superintendent. He is today employed by Supervalu, Inc.
15. Throughout his tenure with Defendant, Valentine performed the functions of his positions in an above-average to superior manner.
Hostile Work Environment 16. Throughout his employment at the Distribution Center Intervenor was subjected to a work environment which was permeated with racially explicit graffiti, epithets, drawings and writings. 17. On a nearly daily basis Valentine was subjected to offensive racist graffiti and writings including, without limitation, “nigger,” “hang the nigger,” “boy,” “go back to Africa,” “a good nigger is a dead nigger,” “coons,” a drawing of a gun with bullets hitting a black man, swastikas, KKK, “white power,” drawing of a black man with big lips in a noose, “nigger cottonpicker,” “kill niggers,” drawing of Hitler, “fucking spic,” “fucking wetback,” “the only good spic is a dead spic,” “you’re paid in dollars not pesos,” “wetback,” “cholos,” “wetbacks go back to Mexico,” “lazy Mexicans or Hispanics,” “go back to Mexico,” “Mexicans are taking over,” “Mexicans will work for anything,” “Mexicans will work for free,” and “andele, andele.”
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18. Valentine himself has been referred to as the “token nigger,” and on one occasion, the racist writings were directed at him personally, stating “Nate is a nigger,” or words to that effect.
19. Valentine observed these graffiti and writings primarily in the main men’s room by the break room, in the warm up room men’s room, and on racks in the warehouse.
20. Valentine estimates that in the 32 months that he worked at the Distribution Center (approximately 960 days), there were only about 30 days in which he was not subjected to the racist graffiti, writings and drawings described above.
21. Valentine observed several subordinate employees, including without limitation James Steadham and Brad Davis, complain about the racist graffiti and writings to Warehouse Manager James Hartley, and Hartley would take no action in response. Given Hartley’s inaction, Valentine was aware that Messrs. Steadham and Davis then lodged similar complaints with General Manager Gary Scarff. Although the racist comment about Valentine was removed after complaints were made to Scarff, the other racist graffiti and writings continued to appear.
22. As a Warehouse Supervisor Valentine himself personally received on several occasions complaints about the racist graffiti and writings from several subordinate employees, including without limitation Chris Adams, James Baxter, Brad Davis, Matt Ricks and James Steadham.
23. During the period of about November 2000 to about November 2002 Valentine was frequently the Warehouse Supervisor assigned to the night shift. During this time period, he prepared and sent about 15 e-mail messages to the managers in
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his chain in command, including Hartley and James Zandstra, advising them of the complaints he had received from bargaining unit employees regarding racist graffiti and writings. He sent these e-mails because there were no higher-level managers at the Distribution Center during the night shift, and Valentine wanted to make sure that his superiors would be aware of these complaints when they arrived to work the following morning.
24. When Valentine was a Warehouse Supervisor during the day shift, he almost always brought his subordinate employees’ complaints about the racist graffiti and writings to the attention of his superiors in person. About 5% of the time he received complaints about the racist graffiti and writings on the day shift he communicated these complaints to his superiors via e-mail. Whether in person or via email, he personally brought the complaints of his subordinate employees to the attention of warehouse managers James Hayes, James Hartley and James Zandstra.
25. On at least one occasion, Valentine went in person to General Manager Gary Scarff, Defendant’s highest-ranking manager on site at the Distribution Center, and complained about the racist graffiti and writings. Valentine specifically remembers telling Scarff that he was personally being subjected to these offensive writings and drawings “all the time.” He also specifically recalls telling Scarff that the racist graffiti and writings would remain up for long periods of time, and that he hated to have to see these materials “day in and day out.”
26. Notwithstanding the multitude of occasions in which Valentine brought his own or his subordinate employees’ complaints about the racist graffiti and writings to the attention of the managers in his chain of command, Valentine was never once
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asked by his superiors to investigate any of these complaints of, or to discipline anyone for, these infractions of Defendant’s anti-harassment and Courtesy, Dignity and Respect policies.
27. Notwithstanding the multitude of occasions in which Valentine brought his own or his subordinate employees’ complaints about the racist graffiti and writings to the attention of the managers in his chain of command, Valentine never once heard his fellow members of management discuss in supervisors’ meetings (or elsewhere) the need to promptly and effectively respond to these complaints of unlawful conduct at the Distribution Center.
28. Notwithstanding the multitude of occasions in which Valentine brought his own or his subordinate employees’ complaints about the racist graffiti and writings to the attention of the managers in his chain of command, Valentine never once observed or was informed that any member of management had investigated or otherwise responded to any of the complaints of racist graffiti and writings.
29. On several occasions Valentine brought the problem to the attention of Maintenance Department managers George Potter and Greg Sharits, whose department was responsible for the maintenance of the rest rooms. Far more frequently than not, Sharits and Potter would ignore Valentine’s requests that they assign maintenance staff to immediately remove the offensive materials from the walls of the men’s rooms.
30. On several occasions Valentine decided to take things into his own hands and, although he was not their supervisor, directed bargaining unit maintenance employees to remove the graffiti and writings.
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31. Valentine suspected that white warehouse employee Randall Harmuth was responsible for a lot of the racist writings and graffiti. On one occasion, as soon as Valentine came into a restroom, Harmuth came out of one of the stalls with a marker in hand, and Valentine found there an incomplete racist drawing. Also, a substantial number of racist writings had been found in the freezer warm-up room near where Harmuth worked.
32. Valentine reported his suspicions concerning Harmuth to Warehouse Manager Hartley on more than one occasion. Hartley chose to ignore Valentine’s reports and took no action to investigate or discipline Harmuth. As a result, the racist writings and graffiti continued.
33. Notwithstanding the multitude of occasions in which Valentine brought his own or his subordinate employees’ complaints about the racist graffiti and writings to the attention of the managers in his chain of command, to Valentine’s knowledge no Distribution Center employee has ever been disciplined, suspended or discharged for violating Defendant’s anti-harassment and Courtesy, Dignity and Respect policies.
34. Throughout most of the time he was employed at the Distribution Center Valentine hated and dreaded coming to work because of the hostile work environment. He frequently had nightmares about the work environment in general and about James Hartley in particular.
35. Valentine was deeply offended, disturbed and hurt by the racist graffiti and writings to which he was subjected on an almost daily basis. Valentine had significant trouble sleeping, became increasing withdrawn from others, and suffered
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emotional and mental trauma as a result, including without limitation loss of enjoyment of life and feelings of isolation and humiliation.
36. After his transfer to Defendant’s Lancaster, Penn. facility, Valentine was immediately struck with the difference between the work environment at that workplace and the work environment at the Distribution Center. The Lancaster facility was, for the most part, free of racial and national origin harassment and discrimination. Unlike the situation at the Distribution Center, to the extent there were any violations of Defendant’s policies at the Lancaster distribution center, upper management there promptly took action to address the problem.
Discriminatory Terms & Conditions of Employment 37. When he began working at the Distribution Center, Valentine observed that a dispatcher, Nancy Amore, was regularly assigning orders to Order Selectors out of sequence. He instructed Amore to stop this practice, and to assign orders in the proper sequence, that is, assign the next order up to the next available Order Selector. 38. On each occasion that he caught Amore assigning work orders out of sequence, Amore informed Valentine that she was only following the directives of Warehouse Manager Hartley. Valentine reported these incidents to his immediate supervisor, Warehouse Superintendent Tim Smith, as well as to Hartley. Both managers informed Valentine that they would speak to Amore about his concerns, but Valentine continued to observe the manipulation of work order assignments on subsequent occasions. 39. As a Warehouse Supervisor, Valentine began to receive complaints from a number of minority subordinate employees about the assignment of work orders.
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These employees complained to him that the assignment of work orders was being manipulated on the basis of race and national origin.
40. Upon being made aware of these complaints, Valentine paid closer attention to which employees were being assigned the more difficult and timeconsuming orders to pick, and which were getting the easier orders. After some time, it became clear to Valentine that the manipulation of work order assignments was not an accident or coincidence. Valentine noticed that time after time black and Hispanic Order Selectors were being assigned the harder and more difficult work orders, while white employees received the lighter and easier order assignments. Valentine became convinced that the manipulation of work order assignments, done at the direction of Warehouse Manager Hartley, was motivated by race and national origin.
41. Valentine raised his concerns with upper management that work orders were being selectively assigned to the detriment of racial and ethnic minority employees. His concerns were ignored and the work orders continued to be assigned in this discriminatory manner throughout the remainder of his tenure at the Distribution Center.
42. As a Warehouse Supervisor, one of Valentine’s duties was to make work assignments at the beginning of a shift for his subordinate employees. Valentine’s practice was to make such assignments on the basis of seniority. He would assign less senior employees to perform Order Selector duties, while more senior employees would be assigned to preferred positions, such as forklift operator and receiving.
43. On numerous occasions, Warehouse Manager Hartley would overrule Valentine’s initial work assignments for reasons Valentine, at least at first, did not
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understand. Hartley frequently reassigned minority employees, who had been given preferable job assignments by Valentine based on their greater seniority, back to Order Selector duties, and then would move less senior white employees into the newly vacant preferred job positions.
44. Valentine was concerned and upset about this, but was not in a position to countermand the Warehouse Manager, who was his second-level Supervisor. After observing this pattern of reassigned job duties repeat itself over and over, Valentine concluded that these reassignments of job duties were being implemented by Hartley on the basis of race and national origin.
45. Valentine also observed that Hartley would frequently change and rearrange the work schedule of warehouse employees in order to meet the personal preferences of white employees, very often at the expense of black and Hispanic employees. The frequency of this practice also led Valentine to conclude that Hartley was intentionally and selectively accommodating the schedule preferences of warehouse employees on the basis of race and national origin.
46. Order Selectors at the Distribution Center have their work performance measured, at least in part, on the number of cartons of merchandise they “pick” during the time they are “on the clock.” The practice at the Distribution Center, however, was not to count “down time,” that is, time in which an Order Selector was asked to perform tasks at the request of management other than picking orders.
47. Bilingual Hispanic employees at the Distribution Center are sometimes requested by management to perform translation duties, for example in the course of new employee training conducted for newly hired employees who did not speak
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English. Valentine on several occasions observed warehouse managers, including without limitation Jeff Brown, ask Hispanic employees to translate for them and then deny these employees down time for the period they were interpreting for him instead of picking orders. This practice adversely affected these Hispanic employees’ productivity numbers. Valentine observed this being done to Hispanic employees José Díaz, Orlando González, José Maldonado, and others.
48. Lower productivity numbers not only affected the overall performance evaluations of these Hispanic employees. Lower productivity also directly and adversely impacted the condition of these employees’ employment, given the wellestablished practice at the Distribution Center to assign new job equipment and tools to employees with the highest productivity rates.
49. As Warehouse Supervisor, Valentine developed an innovative plan to try to reduce the turnover of new employees. Under this plan, new employees who were struggling to make their production quota, but who otherwise had a demonstrated record of good attendance and work ethic, would not be terminated after a probationary period. Instead, Valentine would attempt to ensure that these employees received additional time and guidance to assist them in making their production quota.
50. After he had implemented this plan for about a month, Valentine went on vacation. While he was away, the minority employees who had qualified for Valentine’s program were abruptly terminated. In contrast, two newer white employees who had already developed attendance problems and who had exhibited an inappropriate attitude toward their jobs were retained. Valentine checked the attendance records of
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the terminated minority employees and confirmed to himself that these employees should not have been fired.
51. Valentine sensed that Warehouse Manager Hartley did not like him, and several other employees and managers told him that Hartley had expressly said he did not like Valentine. Valentine observed that Hartley would frequently countermand his decisions. Hartley was very disrespectful to Valentine, and would talk down to him in a way that was demeaning and degrading. Valentine did not observe Hartley treat or interact with white supervisors or managers in a similar manner.
52. In early 2001 Valentine missed 2-3 days from work when he required surgery after having aggravated a prior back injury. When he returned from work, Hartley required him to bring a doctor’s excuse. In contrast, white Warehouse Supervisor Jim German informed Valentine that when he had missed 3 ½ weeks of work due to an illness, he was not required to bring in a doctor’s excuse. German told Valentine that the difference in treatment was a result of the fact that “Hartley and Smith don’t like you because of the color of your skin.”
53. For over a year (in the 2001 - 2002 time period) Valentine was the only Warehouse Supervisor with split days off, that is, his days off were never in a row. All of the white Warehouse Supervisors and Superintendents were almost always scheduled two consecutive days in a row off by Warehouse Manager Hartley.
54. When Valentine complained to Hartley about the inequity of this arrangement, Hartley was dismissive of him. Hartley told Valentine that he was tired of hearing about it, and that the schedule was the schedule.
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55. German told Valentine that he and some other supervisors had gone to Hartley on Valentine's behalf, and that Hartley had told them that as long as he was Warehouse Manager Valentine would never get two days off in a row. German told Valentine that the knew Hartley was prejudiced against racial minorities because of the comments he (German) had heard Hartley say about minority employees at the Distribution Center.
56. Valentine was primarily responsible for having spreadsheets that contained the warehouse’s productivity numbers posted for over two years on the employee bulletin board at the Distribution Center. These spreadsheets clearly indicated that Valentine had the highest productivity rates (measured by number of cases shipped per shift) of any of the Warehouse Supervisors during the period of January 2001 through February 2003.
57. Notwithstanding the fact that Valentine’s productivity rates were higher than all of the white Warehouse Supervisors, his salary was lower than all of the white Warehouse Supervisors.
58. Notwithstanding the fact that Valentine’s productivity rates were higher than all of the white Warehouse Supervisors, his salary raises were lower than all of the white Warehouse Supervisors.
59. While employed at the Distribution Center, Valentine also observed that minority employees who complained about workplace matters were especially harassed by management. For example, Valentine noticed that Charging Party Matt Ricks was in his view unfairly harassed by management as a result of complaining about discriminatory terms and conditions at work. On one occasion, Valentine heard Hartley
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say something to the effect “That motherfucker Matt Ricks I’m sick and tired of him and I’m going to get rid of him. He is nothing but problems and I’m sick and tired of his BS. And if I have to get rid of one of you guys (meaning Valentine or another supervisor) too, I will.”
60. In contrast, Valentine observed white warehouse employee Randall Harmuth file numerous complaints and grievances. Unlike Ricks, however, he was not harassed or targeted for termination by management.
61. Valentine was a supervisor on duty when African-American employee Teashaud Jackson broke his leg. The next day, when Jackson’s grandparents called, concerned about whether he would be fired, and Valentine assured them he would not. Valentine was thereafter shocked to learn that Jackson had in fact been fired. Valentine believes that Jackson would not have been fired if he were white, as he has seen white warehouse employees who are injured on the job be allowed to return to work and not be terminated.
62. As a direct and proximate result of Defendant’s unlawful employment practices complained of herein, Valentine has suffered mental suffering, emotional distress, loss of enjoyment of life, humiliation, loss of reputation, intimidation and inconvenience, and other compensable, non-economic injuries.
FIRST CLAIM FOR RELIEF (Hostile Work Environment Based on Race in Violation of Title VII) 63. Intervenor incorporates the allegations set forth in paragraphs 1 through 62 of this complaint as if fully alleged herein.
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64. During all times herein relevant, Defendant consistently maintained and condoned a work environment at the Distribution Center which was pervasively and severely hostile to African-American employees.
65. Intervenor was subjected to a severe and pervasively hostile work environment at the Distribution Center because of his black race, in violation of Title VII.
66. This unlawful employment practice was intentional. 67. This unlawful employment practice was willful and wanton, and/or was done with malice or with reckless indifference to Intervenor’s federally-protected rights. WHEREFORE, Intervenor prays for relief as more fully set forth below.
SECOND CLAIM FOR RELIEF (Discriminatory Terms and Conditions of Employment in Violation of Title VII)
68. Intervenor incorporates the allegations set forth in paragraphs 1 through 67 of this complaint as if fully alleged herein.
69. Defendant discriminated against Intervenor on the basis of his black race with respect to the terms and conditions of his employment including, but not limited to, disparate work schedule, disparate compensation and raises, and discriminatory working conditions.
70. These unlawful employment practices were intentional. 71. These unlawful employment practices were willful and wanton, and/or were done with malice or with reckless indifference to Intervenor’s federally-protected rights. 73. Defendant’s discrimination against Intervenor in the terms and conditions of his employment was in violation of Title VII.
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Case 1:06-cv-01273-WYD-BNB Document 189-2 Filed 09/17/2007 Page 17 of 19
WHEREFORE, Intervenor prays for relief as more fully set forth below. PRAYER FOR RELIEF
Intervenor respectfully request that this Court enter judgment in his favor and against Defendant, and that it order the following relief against Defendant:
A. Award Intervenor non-economic damages, for all claims as allowed by law, in an amount to be determined at trial, including, but not limited to, lost earnings capacity, mental suffering, emotional distress, loss of enjoyment of life, humiliation, loss of reputation, intimidation and inconvenience;
B. Award Intervenor punitive or exemplary damages for all claims as allowed by law, in an amount to be determined at trial;
C. Award Intervenor attorney’s fees and costs, including expert witness fees, as allowed by law;
D. Award Intervenor pre-judgment and post-judgment interest; and E. Award Intervenor such other and further relief as this Court deems just and proper.
JURY TRIAL DEMAND Intervenor demands a jury trial on all issues of fact raised by his Complaint.
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Case 1:06-cv-01273-WYD-BNB Document 189-2 Filed 09/17/2007 Page 18 of 19
Dated this 17th day of September, 2007. s/ William J. Martínez McNamara, Roseman, Martínez & Kazmierski LLP 1640 East 18th Avenue Denver, CO 80218 Tel: 303/333-8700 Fax: 303/331-6967 E-mail: wjm@18thavelaw.com ATTORNEY FOR INTERVENORS CHRISTOPHER ADAMS, LUIS SOLIS GONZÁLEZ, JAMES STEADHAM and NATE VALENTINE
Address of Intervenor Nate Valentine: 723 Wayne Avenue West Reading, PA 19611
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Case 1:06-cv-01273-WYD-BNB Document 189-2 Filed 09/17/2007 Page 19 of 19

CERTIFICATE OF SERVICE

I hereby certify that on this 17th day of September, 2007, I electronically filed the foregoing COMPLAINT AND JURY DEMAND OF INTERVENOR NATE VALENTINE with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses:

Rita Byrnes Kittle

rita.kittle@eeoc.gov

Lynn Palma

lynn.palma@eeoc.gov

U.S. Equal Employment Opportunity Commission

Elwyn F. Schaefer

efschaefer@qwest.net

Andrea J. Kershner

akershner@qwest.net

Elwyn F. Schaefer & Associates

Lawrence J. Gartner

gartner@kmm.com

Stephanie M. Gushá

gusha@kmm.com

Naomi Young

young@kmm.com

Kimberly M. Talley

talley@kmm.com

Kauff, McClain & McGuire LLP

Richard S. Mandelson Baker & Hostetler LLP

rmandelson@bakerlaw.com

s/ Kathi Donahue

19

 
 Case 1:06-cv-01273-WYD-BNB Document 282-2 Filed 12/07/2007 Page 1 of 6
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Civil Action No. 06-cv-01273 WYD-BNB EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. ALBERTSON'S LLC flk/a Albertson's Inc. Defendant, JAMES BAXTER, Intervenor.
AMENDED COMPLAINT IN INTERVENTION AND JURY DEMAND
Plaintiff/Intervenor, James L. Baxter ("Baxter"), having been permitted to intervene in this case, states as follows:
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 133.1, 1337, 1343 and 1345. 2. This action is authorized and instituted pursuant to 42 U.S.C. §§ 2000e-2(a), 2000e-3, 2000e-5(f)(1), 2000e-5(f)(3), and 42 U.S.C. §§ 1981 and 1981a.
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Case 1:06-cv-01273-WYD-BNB Document 282-2 Filed 12/07/2007 Page 2 of 6
3. The employment practices alleged to be unlawful were committed within the boundaries of the United States District Court for the District of Colorado and venue is proper pursuant to 28 U.S. C. § 1391.
PARTIES 4. Baxter is a 54 year old black man. 5. At all relevant times, Defendant Albertson's LLC f/k!a Albertson's Inc. ("Defendant" or "Albertson's") has continuously conducted business in the State of Colorado and has continuously·employed at least twenty (20) people. 6. At all relevant times, Defendant has continuously been a employer engaged in an industry affecting commerce within the meaning of 42 U.S.C. §§ 2000e-(b), (g) and (h) and 29 U.S.C.. §§ 630(g) and (h).
GENERAL ALLEGATIONS 7. Plaintiff incorporates his prior allegations herein. 8. Baxter is a member of a class of individuals who were subjected to disparate terms and conditions of employment because of race and age. 9. Since September 1, 1989, Baxter has been employed by Defendant at Albertson's Distribution Center Warehouse #8281 in Aurora, Colorado as a warehouse order selector. 10. During the course ofhis employment, he has been subjected to harassment including racial insults and workplace graffiti based on his race and age which have been sufficiently pervasive or severe enough to alter the terms and conditions of his employment. 11. Albertson's knew or should have known about the harassment.
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Case 1:06-cv-01273-WYD-BNB Document 282-2 Filed 12/07/2007 Page 3 of 6
12. For example, Swastikas have been drawn on the bathroom walls and fixtures. The words "Kunta" and "lazy n-word" have been written on warehouse equipment. ("Kunta" is the name of the black protagonist in the movie "Roots".)
13. During the course of his employment, Baxter has regularly complained to supervisors about instances of bigotry and racial insults.
14. During the course of his employment, Baxter has been subjected to unwarranted discipline and given less favorable work assignments because ofhis race and age and because he has complained about discrimination based on race and age.
15. During the course ofhis employment, Baxter, because ofhis race and age, and because he has complained about discrimination based on race and age, has been denied opportunities to transfer to more favorable positions such as Aisle Forklift Operator and has been denied sufficient opportunities to train for such positions.
16. It is Albertson's stated policy that employees perform their work safely. However, on December 21, 2000, Baxter was written up for allegedly wasting company time by checking his equipment to determine why its handle would not spring back up. The condition of the handle was a matter of safety.
17. On July 3, 2003, Baxter was the only order selector working in the candy, bakery and E divisions of the warehouse. A manager, Steven Dade, told him he was working too slowly and holding up loads. Baxter was replaced by another worker and sent to work in the A and B divisions. Selecting from the A and B divisions is much more physically demanding than selecting from the other divisions in the warehouse. Individuals who were loading told Baxter
3

Case 1:06-cv-01273-WYD-BNB Document 282-2 Filed 12/07/2007 Page 4 of 6
that he had not slowed them down. 18. Baxter believes that, because of his race and age and, because he has complained
about racial discrimination, he has been given job assignments as a selector which make it harder for him to meet production standards.
19. On September 21, 2006, Baxter filed a complaint with the EEOC complaining that he had been discriminated against on the basis of his race, age, and in retaliation for his complaints about discrimination.
20. On April23, 2007, Baxter's wife became ill. Their 15 year old daughter called Albertson's three times trying to talk with her father about her mother's condition. Each time, she told the person who answered the phone that it was an emergency. Each time she was only given voice mail and was not allowed to speak to Baxter. When Baxter returned home, he found his wife unconscious. She was taken to the hospital where she remained until April 26, 2007.
21. On April25, 2007, Baxter went to work at 6:00a.m. He advised the manager, Jim Zanstra ("Zanstra"), that his wife was in the hospital in intensive care and asked him for Family Medical Leave Act ("FMLA") forms. Zanstra told Baxter he would have to get the forms :from Human Resources. Baxter went to Human Resources immediately but found it closed. He left to be with his wife at the hospital but returned to Human Resources at 1:00 p.m. and obtained FMLA forms.
22. When Baxter reported to work the next day, Steven Dade told him that he was suspended for three days for missing work on April 25th. When Baxter told him he had FMLA forms which would excuse his absence, Dade told Baxter that he would have to take that up with
4

Case 1:06-cv-01273-WYD-BNB Document 282-2 Filed 12/07/2007 Page 5 of 6
Human Resources. 23. On April27, 2007, Baxter filed a second Charge with the EEOC complaining that
he had been discriminated against on the basis of his race and age, and in retaliation for his complaints of discrimination.
24. .The unlawful employment practices described above were done willfully and with malice or with reckless indifference to Baxter's federally protected rights based on his race.
FIRST CAUSE OF ACTION: TITLE VII and§ 1981 RACE DISCRIMINATION 25. Baxter incorporates his prior allegations herein. 26. Baxter is a member of a protected class, African American. 27. Baxter was subjected to discrimination based upon his race. 28. As a result of the actions of Defendant, Baxter suffered damages. WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in his favor
and against the Defendant and award him all relief allowed by law including, but not limited to, the following:
a. Actual economic damages as established at trial; b. Compensatory damages including, but not limited to, those for future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment oflife, and other non-pecuniary losses; c. Punitive damages for all claims allowed by law in an amount to be determined at trial; d. Pre-judgment and post-judgment interest at the legal rate; e. Attorney's fees and costs; and
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Case 1:06-cv-01273-WYD-BNB Document 282-2 Filed 12/07/2007 Page 6 of 6

f. Such further relief as justice requires. PLAINTIFF DEMANDS A JURY TRIAL ON ALL ISSUES TRIABLE. ELWYN F. SCHAEFER & ASSOCIATES

Plaintiffs Address: James Baxter 3981 S. Carson Street, Unit A Aurora, CO 80011

s/Andrea J. Kershner
Elwyn F. Schaefer
Andrea J. Kershner
600 1i 11 Street, Suite 2005-@
(303) 825-1961 Attorney for Plaintiff

6

 
 E.E.O.C. v. Albertson’s LLC, Not Reported in F.Supp.2d (2007)
2007 WL 1299194 United States District Court,
D. Colorado. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff,
v. ALBERTSON’S LLC, f/k/a Albertson’s, Inc., Defendant. Civil Action No. 06–cv–01273–WYD–BNB. | May 1, 2007.
Attorneys and Law Firms Kim Rene Rogers, Nancy A. Weeks, Rita Byrnes Kittle, Equal Employment Opportunity Commission, Denver, CO, for Plaintiff. Naomi Young, Baker & Hostetler, Lawrence Jeffrey Gartner, Stefanie M. Gusha, Kauff, McClain & McGuire LLP, Los Angeles, CA, Richard Saul Mandelson, Baker & Hostetler, LLP, Denver, CO, for Defendant. Opinion
ORDER
BOYD N. BOLAND, United States Magistrate Judge. *1 This matter is before me on Plaintiff’s EEOC’s Motion for Protective Order [Doc. # 54, filed 12/17/2006] (the “Motion for Protective Order”). The motion seeks an order that the discovery sought through Albertson’s Rule 30(b)(6) deposition notice on the EEOC not be had. The Motion for Protective Order is GRANTED IN PART and DENIED IN PART, as specified.
Albertson’s Rule 30(b)(6) deposition notice lists 21 matters on which examination is requested. The EEOC opposes every category.
Categories 1–2 and 19–20 The first two categories specified in the Rule 30(b)(6) deposition notice request that the EEOC produce a witness to testify about the following:
1. Factual information that supports or rebuts the claim by the EEOC that Albertson’s subjected any past or present employee at the Albertson’s distribution center in Aurora, Colorado ... to disparate terms and condition of employment based upon his/her race, color, and/or national origin. 2. Factual information that supports or rebuts the claim by the EEOC that Albertson’s subjected any past or present employee at the Distribution Center to a hostile work environment because of his/her race, color, and/or national origin. Exhibit 2 to Motion for Protective Order [Doc. # 54–3] (the “Rule 30(b)(6) Notice”) at ¶¶ 1–2. In addition, Categories 19 and 20 of the Rule 30(b)(6) Notice request a witness to testify about the following: 19. Factual information which supports the relief sought by the EEOC in this action, including but not limited to punitive and injunctive relief. 20. Factual information that supports or rebuts the claim of any potential claimant in this action. Id. at ¶¶ 19–20.
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E.E.O.C. v. Albertson’s LLC, Not Reported in F.Supp.2d (2007)
The EEOC argues that the information sought is irrelevant because it is intended to probe the adequacy of the EEOC’s investigation and would “saddle every discrimination case with a mini-trial into the sufficiency of the evidence supporting a Commission determination....” Motion for Protective Order at pp. 4–5. The EEOC also claims that it has provided its investigation file to Albertson’s and that testimony by the EEOC would be cumulative of the contents of the file. Id. at p. 6.
Albertson’s responds that the information called for by these categories of the Rule 30(b)(6) Notice concerns “factual information relating to the EEOC’s claims in this lawsuit....” Defendant Albertson’s LLC’s Opposition to Plaintiff EEOC’s Motion for a Protective Order [Doc. # 61, filed 1/12/2007] (the “Response”) at p. 5.
The complaint alleges that the Albertson’s distribution center is a hostile work environment where employees are subjected to harassment based on race and national origin and that employees at the distribution center are subjected to disparate treatment based on their race, color, and national origin. Complaint [Doc. # 1, filed 6/30/2007] at pp. 3, 5. Albertson’s is entitled to conduct discovery “regarding any matter, not privileged, that is relevant to the claim or defense of any party, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of any discoverable matter.” Fed.R.Civ.P. 26(b)(1). Categories 1–2 and 19–20 of the Rule 30(b)(6) Notice seek information that is obviously relevant. Nor must Albertson’s be content with the EEOC’s investigation file. For example, Albertson’s may ask what documents were reviewed in the course of the EEOC investigation and what documents evidence that there is discrimination at the distribution center; or Albertson’s might ask the identity of persons the EEOC believes have knowledge about the claimed discrimination. The answers to these questions may or may not be in the investigation file, or the information in the investigation file may not be complete.
*2 The EEOC also claims that these categories seek information protected from discovery by the attorney work product doctrine and the deliberative process privilege. As Albertson’s points out, however, “not a single question has been asked at deposition....” Response at p. 7.
The Tenth Circuit Court of Appeals has disapproved the use of a blanket assertion of privilege, holding:
A general refusal to cooperate [in discovery] is not enough. [A lawyer asserting a privilege] must normally raise the privilege as to each record sought and each question asked so that ... the court can rule with specificity.
United States v. Hodgson, 492 F.2d 1175, 1177 (10th Cir.1974); see In re Grand Jury Subpoena, 697 F.2d 277, 279 n. 1 (10th Cir.1983)(noting that the Tenth Circuit has “explicitly condemned ... a blanket assertion” of privilege, citing United States v.. Hodgson ).
Even the cases cited by the EEOC recognize that some factual discovery may be proper by way of a Rule 30(b)(6) deposition directed at the EEOC. In EEOC v. American Int’l Group, Inc., 1994 WL 376052 (S.D.N.Y. July 18, 1994), for example, the court ordered the EEOC to produce a witness to answer questions concerning (1) the interviews conducted during the investigation and (2) documents and other material reviewed by the deponent in preparation for the deposition, noting:
The disclosure of this information [who was interviewed and what the deponent did to refresh his recollection of the facts in the case] does not reveal the agency’s trial strategy or its analysis of the case. For example, knowing who was interviewed does not intrude upon the mental impressions of the attorney. Presumably, the interview process in an investigation includes people and information which will be discarded as the attorney begins the analysis and plans strategy. Similarly, what information a witness reviews in preparation for a deposition does not reveal the thought processes of the attorneys. Documents are reviewed by a deponent for many reasons. There is a distinct difference between asking what was reviewed as opposed to why it was reviewed.
Id. at *3.
The Motion for Protective Order is DENIED with respect to Categories 1–2 and 19–20 insofar as it seeks a blanket protective order. The EEOC is free during the deposition to assert objections to specific questions, if necessary, to preserve a privilege.
2

E.E.O.C. v. Albertson’s LLC, Not Reported in F.Supp.2d (2007)
Categories 4–8, 13–15, and 21 The Rule 30(b)(6) Notice requests that the EEOC produce a witness to testify about the following:
4. Communications to the EEOC since 1990 from any past or present employee at the Distribution Center, or on his/her behalf, referring or relating to Albertson’s.
5. Communications by the EEOC since 1990 with any past or present employee at the Distribution Center (including any of their attorneys, agents or representatives) referring or relating to Albertson’s.
6. The investigation by the EEOC of charges purportedly filed by Matthew Ricks with the EEOC, including charge numbers 320A200925, 230–2004–01187 and 320–2004–02530.
*3 7. The contents of all investigative files maintained by the EEOC since 1990 pertaining to any charges of discrimination filed against Albertson’s by any past or present employee at the Distribution Center.
8. Investigations by the EEOC since 1990 into all charges of alleged discrimination filed against Albertson’s by any past or present employee at the Distribution Center.
* * *
13. Communications between the EEOC and Albertson’s since 1990 concerning any alleged violations of Title VII at any Albertson’s facility in the State of Colorado.
14. Statements obtained by the EEOC since 1990 from any past or present employee at the Distribution Center referring or relating to Albertson’s.
15. Communications between the EEOC and the Colorado Civil Rights Division since 1990 referring to Albertson’s.
Rule 30(b)(6) Notice, at ¶¶ 4–8 and 13–15.
I will begin with Category 21. Local rule of practice 37.1, D.C. COLO. LCivR, requires that discovery requests that are the subject of motions to compel or for protective order be set forth verbatim. The Motion for Protective Order fails to provide the text of Category 21, and the response contains only a redacted version of the request. Response at pp. 5–6 n. 2. The Motion for Protective Order is DENIED with respect to Category 21 for failure to comply with D.C.COLO.LCivR 37.1.
The EEOC argues that it cannot provide testimony on these categories because they involve closed and unrelated charges. According to the EEOC, it is “precluded by law from disclosing the existence of any such charges, absent a written waiver from both the Charging Party and the Respondent,” citing 42 U.S.C. §§ 2000e–5(b) and 8(e).
The EEOC’s argument lacks merit. Section 2000e–5, 42 U.S.C., states that “[c]harges shall not be made public by the Commission,” and section 2000e–8(e) imposes penalties on EEOC officers or employees who “make public in any manner” certain information obtained by the EEOC. (Emphasis added.) Courts construing these provisions, including the United States Supreme Court, have made clear that the term “public” does not include either the charging party or the employer. As the Supreme Court said in EEOC v. Associated Dry Goods Corp., 449 U.S. 590, 596–98 (1981):
Title VII nowhere defines “public.”
* * *
Congress did not include charging parties within the “public” to whom disclosure of confidential information is illegal under the provisions of Title VII here at issue [citing 42 U.S.C. § 2000e–5(b) ]. The charge, of course, cannot be concealed from the charging party. Nor can it be concealed from the respondent, since the statute also expressly requires the Commission to serve notice of the charge upon the respondent within 10 days of its filing.... Thus, the “public” to whom the statute forbids disclosure of charges cannot logically include the parties to the agency proceeding. And we must infer that Congress intended the same distinction when it used the word “public in § 709(e), 42 U.S.C. § 2000e–8(e).
*4 In addition, should the EEOC deem it necessary, I will condition the Rule 30(b)(6) deposition on the entry of a protective order limiting the dissemination of confidential information learned in the deposition to appropriate persons. See Gillard v. Boulder Valley School Dist., 196 F.R.D. 382 (D.Colo.2000).
3

E.E.O.C. v. Albertson’s LLC, Not Reported in F.Supp.2d (2007)
Because the only reason advanced by the EEOC for a protective order with respect to Categories 7–8 and 13–15 is the privacy argument under 42 U.S.C. §§ 2000e–5(b) and 8(e), which I find lacks merit, the Motion for Protective Order is DENIED with respect to those categories.
With respect to Categories 4–6, the EEOC also seeks a protective order arguing that the information is subject to the EEOC’s deliberative process privilege and the attorney work product immunity. As noted earlier, however, no questions have been asked at any deposition, and the Tenth Circuit has expressly condemned such a blanket assertion of privilege. In re Grand Jury Subpoena, 697 F.2d at 279 n. 1; Hodgson, 492 F.2d at 1177. Consequently, neither of the EEOC’s bases for seeking a protective order justifies the relief sought at this time, and the Motion for Protective Order is DENIED with respect to Categories 4–6. Here again, however, the EEOC is free during the deposition to assert objections to specific questions, if necessary, to preserve a privilege.
I do not agree, however, that the EEOC must provide testimony about events dating back more than 17 years. The complaint alleges that Albertson’s has engaged in unlawful employment practices at its distribution center since 1995. Complaint at ¶ 8. Consequently, I will limit the scope of the Rule 30(b)(6) Notice to events occurring on or after January 1, 1995.
Category 3 Category 3 of the Rule 30(b)(6) Notice requests that the EEOC produce a witness to testify about the following:
3. Factual information that supports or rebuts the claim by the EEOC that Albertson’s discriminated against any past or present employee at the Distribution Center because he/she has opposed any practice made an unlawful employment practice by Title VII or because he/she had made a charge, testified, assisted or participated in any manner in an investigation, proceeding, or hearing under Title VII.
Rule 30(b)(6) Notice at ¶ 3.
The EEOC correctly states that there is no claim for retaliation made in the complaint. Absent such a claim, evidence concerning retaliation, if any, is irrelevant and not subject to discovery under Rule 26.
The Motion for Protective Order is GRANTED with respect to Category 3.
Categories 17–18 The Rule 30(b)(6) Notice requests that the EEOC produce a witness to testify about the following:
17. Documents produced by the EEOC pursuant to its Rule 26 obligations and/or in response to Albertson’s Request(s) for Production of Documents.
18. Contents of and information set forth in the EEOC’s initial disclosures pursuant to Rule 26.
*5 Rule 30(b)(6) Notice at ¶¶ 17–18.
The EEOC seeks a protective order that this discovery not be had because it improperly probes “the EEOC’s deliberative process and/or the mental processes of EEOC attorneys.” Motion for Protective Order at p. 2. I cannot agree that the EEOC has shown the existence of a privilege where, as here, there has not been a single question asked. For example, I see no problem with an inquiry by Albertson’s about the origin of the documents disclosed, or probing the thoroughness of the attempt by the EEOC to locate responsive documents. Similarly, inquiry about the nature of information an identified witness may possess does not appear to me to be objectionable. Consequently, the EEOC’s blanket assertion of privilege is unfounded, see Hodgson, 492 F.2d at 1177, and the Motion for Protective Order is DENIED at this time with respect to Categories 17–18. The EEOC is free during the deposition to assert objections to specific questions, if necessary, to preserve a privilege.
4

E.E.O.C. v. Albertson’s LLC, Not Reported in F.Supp.2d (2007)
Categories 9–11 The Rule 30(b)(6) Notice requests that the EEOC produce a witness to testify about the following:
9. The identity of any past or present employee at the Distribution Center whom the EEOC claims to represent in this action and the basis for the EEOC’s claim of representation.
10. Communications between the EEOC and potential claimants since 1990 regarding the possibility that the Commission’s and the claimant’s interests may diverge during litigation.
Communications between the EEOC and potential claimants since 1990 regarding consent to representation by the EEOC pursuant to Rule 1.7 of the Colorado Rules of Professional Conduct.
Rule 30(b)(6) Notice at ¶¶ 9–11.
The EEOC objects to these categories, arguing that such inquiry will invade the attorney-client privilege. Motion for Protective Order at pp. 12–14.
Information responsive to Category 9, which seeks testimony about who the EEOC represents and the bases for that assertion, is not privileged. To the contrary, numerous cases have held that the EEOC bears the burden of establishing which allegedly aggrieved parties it represents and the bases upon which the EEOC claims to have an attorney-client relationship with the party. For example, in EEOC v. Int’l Profit Associates, Inc., 206 F.R.D. 215 (N.D.Ill.2002), the court found that certain allegedly aggrieved employees had established an attorney-client relationship with the EEOC. In doing so, however, the court did not rely merely on the fact that the EEOC claimed that the particular employees were among the allegedly aggrieved parties; instead, the court noted that the women had “contacted the EEOC via returned questionnaires or telephone calls” and that “each woman identified as a class member was asked if she wished the EEOC to act in her behalf in this lawsuit and each class member replied in the affirmative.” Id. at 218. Accord EEOC v. Johnson & Higgins, Inc., 1998 WL 778369 *4 (S.D.N.Y. Nov. 6, 1998) (holding that in connection with an EEOC enforcement action “[w]hether a privileged attorney-client relationship exists rests upon the client’s intent to seek legal advice and the client’s belief that he is consulting an attorney.... The burden of sustaining the privilege is on the proponent—here, the EEOC”); EEOC v. Chemtech Int’l Corp., 1995 WL 608333 *2 (S.D.Tex. May 17, 1995) (finding that an attorney-client relationship existed between an aggrieved party and the EEOC based on an affidavit from the client stating that he believed that an attorney-client relationship existed); EEOC v. Georgia–Pacific Corp., 1975 WL 267 (D.Ore. Nov. 10, 1975)(finding an attorney-client relationship based on the contents of the client’s letters clearly indicating that she was contacting the EEOC litigation center for expert legal advice and that she expected her communications to remain confidential). The Motion for Protective Order is DENIED with respect to Category 9.
*6 Categories 10–11 are different. The communications which Albertson’s seeks to probe may be privileged with respect to any allegedly aggrieved party which the EEOC represents, at least as to any such communications which occurred after the representation was established. Ultimately, however, the issue of the existence of a privilege turns on the questions asked and the relationship between the EEOC and the allegedly aggrieved party. Consequently, the Motion for Protective Order is DENIED to the extent that it seeks a blanket protective order; however, the EEOC is free to assert the existence of an attorney-client privilege and refuse to answer improper questions on a question-by-question basis, if such an objection is warranted.
In addition, I will limit the inquiry under Categories 10 and 11 to the period of time from January 1, 1995, to the present.
Category 16 Category 16 of the Rule 30(b)(6) Notice requests that the EEOC produce a witness to testify about the following:
16. Efforts by the EEOC to conciliate the matters alleged in this action.
Rule 30(b)(6) Notice at ¶ 16.
The EEOC claims that this information is privileged and cannot be produced “without the written consent of the persons concerned.” Motion for Protective Order at p. 14. In support of its argument, the EEOC points to the following language in 42 U.S.C. § 2000e–5(b):
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E.E.O.C. v. Albertson’s LLC, Not Reported in F.Supp.2d (2007)
If the Commission determines after such investigation that there is reasonable cause to believe that the charge is true, the Commission shall endeavor to eliminate any such alleged unlawful employment practice by informal methods of conference, conciliation, and persuasion. Nothing said or done during and as a part of such informal endeavors may be made public by the Commission, its officers or employees, or used as evidence in a subsequent proceeding without the written consent of the persons concerned.
(Emphasis added.)1
As noted earlier, see pp. 6–7 supra, courts construing § 2000e–5(b) have made it clear that the term “public” as used in that statute does not include either the charging party or the employer. See Associated Dry Goods Corp., 449 U.S. at 596–98 (holding that “the ‘public’ to whom the statute forbids disclosure of charges cannot logically include the parties to the agency proceeding”). The EEOC’s privilege argument under 42 U.S.C. § 2000e–5(b) therefore lacks merit. The Motion for Protective Order is DENIED with respect to Category 16.

Category 12 Category 12 of the Rule 30(b)(6) Notice requests that the EEOC produce a witness to testify about the following:
12. Training provided by any EEOC employee since 1990 to any past or present employee at the Distribution Center.
Rule 30(b)(6) Notice at ¶ 12.
The EEOC seeks a protective order with respect to this category, arguing:
Clearly, [Albertson’s] is claiming ignorance of the law and is seeking to shift the blame for their discriminatory practices to the EEOC for not “ensuring” that [Albertson’s] fulfilled their obligations under Title VII. Such a defense is not legally cognizable, is simply not relevant t the issues of this lawsuit, and is merely yet another attempt by [Albertson’s] to harass the [EEOC].
*7 Motion for Protective Order at p. 14. Albertson’s responds that the EEOC seeks as part of the remedy to be awarded an order that Albertson’s “provide training to its officers, managers, and employees regarding discriminatory [sic], harassment and retaliation in the workplace.” Response at p. 14. Consequently, according to Albertson’s, discovery regarding training “is clearly relevant to the propriety of the relief that the EEOC is seeking....” Id. at pp. 14–15.
I agree that the issue of training may have some marginal relevance to the matters raised in this case. Consequently, the Motion for Protective Order is DENIED with respect to Category 12.
IT IS ORDERED that the Motion for Protective Order is GRANTED IN PART and DENIED IN PART as follows:
GRANTED with respect to Category 3. That discovery shall not be had;
GRANTED to limit the time frame covered by Categories 4, 5, 7, 8, 10, 11, 12, 13, 14, and 15 to the period from January 1, 1995; and
DENIED in all other respects.

Parallel Citations

100 Fair Empl.Prac.Cas. (BNA) 1306

Footnotes

1

The EEOC’s citation to EEOC v. Prudential Federal Savings & Loan Ass’n, 763 F.2d 1166 (10th Cir.1985), provides no support

6

E.E.O.C. v. Albertson’s LLC, Not Reported in F.Supp.2d (2007) for the proposition that matters concerning conciliation are privileged and not discoverable. To the contrary, the case describes the nature of the conciliation efforts and the parties’ positions taken during the conciliation. Id. at 1169 (noting that Prudential refused to undertake any significant dialogue, rejected outright the EEOC’s initial settlement proposals, and thereafter failed to respond or negotiate).
7

 
 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Civil Action No.: 06-cv-01273 CMA-BNB EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, CHRISTOPHER ADAMS, JAMES BAXTER, LUIS SOLIS-GONzALEZ, JAMES STEADHAM, NATHANIEL VALENTINE,
Intervenors,
v.
ALBERTSON'S LLC, flk/a ALBERTSON'S, INC., Defendant.
CONSENT DECREE
I. RECITALS 1. Plaintiff Equal Employment Opportunity Commission ("EEOC"), an agency of the
United States, instituted in the United States District Court for the District of Colorado Civil Action No. 06-cv-01273 CMA-BNB, alleging that Defendant Albertson's LLC ("Albertson's") engaged in a pattern or practice of disparate treatment in terms and conditions of employment and hostile work environment based on race, color and/or national origin at Albertson's Distribution Center in Aurora, Colorado ("Distribution Center"), Civil Action No. 08-cv-00640 LTB-MJW,
1

alleging that Albertson's engaged in a pattern or practice of retaliation at the Distribution Center, and Civil Action No. 08-cv-02424 MSK-CBS, alleging discrimination against Christopher Adams because of his race, all in violation of Sections 703(a) and 704(a) of Title VII of the Civil Rights Act of 1964 ("Title VII"),
as amended, 42 U.S.C. §§ 2000e-2(a) and 2000e-3(a). These three civil actions
are hereinafter collectively referred to as the "Actions." 2. Christopher Adams, James Baxter, Luis Solis-Gonzalez, James Steadham, and
Nathaniel Valentine have been permitted to intervene in Civil Action No. 06-cv01273 CMA-BNB as plaintiffs. Eric Brooks, Arden Dennis, Luis Solis-Gonzalez, Nathaniel Valentine, James Baxter, Steve Dade and James Hartley have been permitted to intervene in Civil Action No. 08-cv-00640 LTB-MJW as plaintiffs. Christopher Adams has been permitted to intervene in Civil Action No. 06-cv02424 MSK-CBS as a plaintiff. All intervened to pursue their own individual interests (hereinafter the "Intervenors"). 3. Albertson's has answered the civil actions identified above (06-cv-01273 CMABNB, 08-cv-00640 LTB-MJW and 08-cv-02424 MSK-CBS) denying that it has engaged in a pattern or practice of disparate treatment in terms and conditions of employment or hostile work environment based on race, color or national origin, or in a pattern or practice of retaliation, or that it discriminated against or retaliated against any of the Intervenors, and asserting various affirmative defenses to the allegations made by EEOC and the Intervenors.
2

4. EEOC and Albertson's (collectively referred to as the "Parties") now desire to resolve the Actions by entry of this agreed upon Consent Decree ("Consent Decree" or "Decree") by the Court, without modification. Intervenors have each entered into separate settlement agreements with Albertson's which settlement agreements shall be null and void and unenforceable if the Court does not approve this Consent Decree as agreed upon by the Parties as well as other conditions precedent agreed to by Albertson's and Intervenors. Upon approval by the Court, this Decree shall be final and binding on the Parties as to the issues resolved, as well as on their successors and assigns except that the Consent Decree is only binding on a buyer or lessee of the Distribution Center if said buyer or lessee meets the definition of a Covered Buyer (as defined herein).
5. Albertson's denies the allegations made by EEOC and Intervenors and maintains that it did not engage in any unlawful actions based on race, color, or national origin at its Distribution Center and that it did not retaliate against any employee employed there. This agreement is a compromise of disputed claims, entered into to avoid further disruption, costs, delay and expense of protracted litigation, and any payments or undertakings made hereunder are not and should not be construed as an admission of liability on the part of Albertson's. Prior to approving and entering this Consent Decree, the Court has made no findings of fact or conclusions of law as to the merits of any of the Actions.
6. There are a total of 214 Claimants and 168 Eligible Class Members in the Actions, including the nine (9) aforementioned Intervenors.
3

II. CLOSURE AND/OR SALE OF THE DISTRIBUTION CENTER 7. Albertson's has represented to EEOC that it will cease serving its supermarkets
from the Distribution Center on or about October 25, 2009, and that it will no longer conduct business thereafter at the Distribution Center after final closure is completed. Final closure for all but a skeleton staff is presently scheduled to occur by November 15, 2009. Albertson's has indicated that it has begun marketing the Distribution Center for possible sale or lease to a third party. Albertson's has also represented to EEOC that the closure and any sale or lease of the Distribution Center is based on business considerations and is not related to or the result of the Actions. 8. If Albertson's reopens the Distribution Center and/or opens a distribution center in Colorado during the term of this Decree: (a) Albertson's will send written notice to EEOC of the intent to reopen the Distribution Center and/or open a distribution center in Colorado and the date on which Albertson's expects to recommence operations at the Distribution Center and/or commence operations at a distribution center; and (b) all terms and conditions of this Decree are immediately applicable to all individuals employed to work in, and to all individuals with management and/or Human Resources responsibility for, the reopened Distribution Center and/or the opened distribution center. Any such reopening of the Distribution Center or opening of a distribution center in Colorado by Albertson's shall not cause the term of the Consent Decree to be extended beyond four (4) years after the Effective Date.
4

9. If the Distribution Center is sold or leased during the term of this Decree, Albertson's will promptly send written notice to EEOC of the sale or lease. Such notice will include the following information: (a) the name of the buyer or lessee; (b) the effective date of the sale or lease of the premises; (c) Albertson's position as to whether the buyer or lessee is a Covered Buyer (as defined herein); and (d) whether the buyer or lessee is a Related Entity (as defined herein). Upon reasonable notice, Albertson's will make a copy of the asset purchase agreement or lease agreement available for EEOC's inspection and review at a mutually agreeable time and location in the Denver metropolitan area. Nothing in this paragraph changes or modifies the definition of "Covered Buyer'' as set forth in Paragraph 29.
10. If the Distribution Center is sold or leased to a Covered Buyer who is a Related Entity (as defined herein), all terms and conditions of the Decree will apply to the Covered Buyer. Such sale or lease shall not cause the term of the Consent Decree to be extended beyond four (4) years after the Effective Date.
11. If the Distribution Center is sold or leased to a Covered Buyer who is not a Related Entity (as defined herein), all terms and conditions of this Decree will apply to the Covered Buyer, except: (a) the Term of the Decree shall be two (2) years measured from the date the Covered Buyer takes possession of the Distribution Center; and (b) the provisions requiring a Monitor will not apply.
5

Ill. JURISDICTION 12. The Court has jurisdiction over the Parties and the subject matter of the Actions.
The Actions assert claims that, if proven, would authorize the Court to grant the monetary and equitable relief set forth in this Decree. The Parties agree that the Court has the power to enter this Consent Decree, without modification, and to grant the monetary and equitable relief set forth herein. The Parties further agree that the Consent Decree is final and binding upon them and their respective successors and assigns, except that the Consent Decree is not binding on a buyer or lessee of the Distribution Center unless said buyer or lessee meets the definition of a Covered Buyer (as defined herein) and only to the extent stated herein. The Parties further agree that this Consent Decree conforms with the Federal Rules of Civil Procedure and Title VII, and is not in derogation of the rights and privileges of any party. The Court shall retain jurisdiction for the duration of this Consent Decree for the purpose of enforcement of the Decree. This Consent Decree cannot be changed, altered or modified except by written consent of the Parties with the approval of the Court.
IV. DEFINITIONS 13. Claimant- An individual who requested in writing that EEOC seek relief on his or
her behalf in one or more of the Actions. 14. Claim Share- The settlement amount EEOC determines will be paid to a
particular Eligible Class Member, including Intervenors.
6

15. Class- All Claimants employed at the Distribution Center during the Relevant Time Period.
16. Class Settlement Fund- The sum of Eight Million Nine Hundred Thousand
Dollars ($8,900,000) paid by Albertson's in full and final settlement of all monetary claims in connection with the Actions, including attorneys' fees and costs.
17. Relevant Time Period - From and including January 1, 1995, through the
effective date of this Decree.
18. Distribution Center- Albertson's Distribution Center located at 2780 North
Tower Road, Aurora, Colorado.
19. EEO- Equal employment opportunity. 20. Consent Decree Coordinator- The Albertson's employee who will be
responsible for overseeing and coordinating Albertson's compliance with and implementation of this Consent Decree during its term if Albertson's opens or reopens a distribution center in Colorado during the term of this Consent Decree. 21. Effective Date - The date on which the Court gives final approval to the Decree, after hearing, if required. In the event the Distribution Center is purchased or leased by a Covered Buyer (as defined herein), the terms of this Decree shall take effect as to the Covered Buyer when the Covered Buyer takes possession of the Distribution Center. 22. Eligible Class Member- A Claimant who has been determined by EEOC to be a member of the Class entitled to a Claim Share from the Class Settlement Fund
7

and who has not, prior to the Effective Date, waived or released Title VII claims from the Relevant Time Period alleging discrimination or hostile work environment based upon race, color or national origin or retaliation for opposing such discrimination or hostile work environment. 23. Represented Group -The nine Intervenors, and one non-intervening Claimant, Claus Ramirez, who were represented by counsel in this matter during the litigation and during the negotiation of the Consent Decree. 24. Employee Complaints of Discrimination- For purposes of this Consent Decree, the term "Employee Complaints of Discrimination" is limited to employee complaints alleging discrimination or harassment based on race, color and/or national origin, and employee complaints alleging retaliation for complaining about discrimination based on race, color and/or national origin. Such term is defined to include all employee complaints to management or supervision whether formal, informal, written or unwritten, and includes grievances filed under any applicable collective bargaining agreement, and charges filed with the EEOC or the Colorado Civil Rights Division. 25. Class Distribution List- The list of Eligible Class Members, including the Represented Group, and the amount of each such person's Claim Share. The Final Class Distribution List shall be filed under seal. 26. Consent Decree Monitor or Monitor- An individual not previously employed with or by Albertson's with expertise and experience in EEO matters whose functions are set forth in Paragraph 55 of this Decree.
8

27. Parties- EEOC and Albertson's. 28. Fund Administrator - The person or entity retained by Albertson's at Albertson's
expense to carry out the administrative functions necessary to distribute the Class Settlement Fund. 29. Covered Buyer- A person(s) or an entity(ies) to whom Albertson's sells or leases the Distribution Center during the first six (6) months of this Decree and who: (a) substantially continues the business operations of the Distribution Center to supply retail grocery outlets; (b) employs the same or substantially the same work force; (c) employs the same or substantially the same supervisory personnel; (d) maintains the same or substantially the same jobs under the same or substantially the same working conditions; and (e) uses the same or substantially the same machinery, equipment and methods of production. 30. Related Entity- For purposes of this Consent Decree, a "Related Entity" is: (a) a business entity that owns or holds a controlling interest in Albertson's LLC, including but not limited to a parent company or holding company; (b) a business entity in which a controlling interest is owned or held by the same business entity which owns or holds a controlling interest in Albertson's LLC (hereinafter referred to as a "Sister Entity"); (c) any subsidiary and/or affiliate in which Albertson's LLC or a Sister Entity owns or holds a controlling interest; (d) any entity doing business under the name "Albertson's."
9

V. GENERAL PROVISIONS 31. Scope - This Consent Decree applies to the Distribution Center premises and
employees assigned thereto if Albertson's opens or reopens a distribution center in Colorado during the term of this Consent Decree or if the Distribution Center is purchased or leased by a Covered Buyer during the first six (6) months of this Consent Decree. 32. Term of Consent Decree - This Consent Decree shall remain in effect for four (4) years from the Effective Date hereof; provided, however, that this Consent Decree shall not apply to any third party purchaser or lessee of the Distribution Center unless such purchaser or lessee is a Covered Buyer as set forth herein.
33. Compliance with Federal EEOC Laws - Nothing in this Consent Decree shall be construed to limit or reduce Albertson's obligations to comply with Title VII of
the Civil Rights Act of 1964, as amended, 42 U.S.C. §§2000e, et seq. 34. Effect of Consent Decree- This Consent Decree will fully and completely
settle, resolve and release all issues, claims and allegations of discrimination and hostile work environment based upon race, color and/or national origin and retaliation which have been asserted or could have been asserted by EEOC against Albertson's through the Effective Date of this Decree with regard to the Distribution Center, including, but not limited to, the issues, claims and allegations raised by EEOC in its First Amended Complaint in the action in the United States District Court for the District of Colorado, captioned Equal Employment Opporlunity Commission v. Alberlson's LLC f/k/a Alberlson's, Inc.,
10

Civil Action No. 06-cv-01273 CMA-BNB, in its Complaint in the action in the United States District Court for the District of Colorado, captioned Equal Employment Opportunity Commission v. Albertson's LLC flkla Albertson's, Inc., Civil Action No. 08-cv-00640 LTB-MJW, and in its Complaint in the action in the United States District Court for the District of Colorado, captioned Equal Employment Opportunity Commission v. Albertson's LLC flkla Albertson's, Inc., Civil Action No. 08-cv-02424 MSK-CBS. This Consent Decree does not preclude EEOC from filing any lawsuit based solely on events occurring after the Effective Date of this Consent Decree. 35. Complete Consent Decree - This Decree constitutes the complete and exclusive agreement and understanding between the Parties with respect to the matters contained herein and supersedes all prior and contemporaneous promises and agreements of any kind regarding settlement of the Actions, as well as all negotiations and discussions between the Parties hereto and/or their respective legal counsel with respect to the subject matters covered herein. No other agreements, covenants, representations or warranties, express or implied, oral or written, have been made by any of the Parties hereto concerning the subject matters contained herein.
36. Severability - If one or more provisions of this Decree are rendered unlawful or
unenforceable by an act of Congress or by a decision of Tenth Circuit Court of Appeals or the United States Supreme Court, the Parties shall attempt to agree upon what amendments to this Decree, if any, are appropriate to effectuate the
11

purposes of this Decree. In any event, the unaffected provisions will remain enforceable. 37. Collective Bargaining Agreement with Teamsters- The parties recognize that Albertson's is party to a collective bargaining agreement (the "CBA") between Albertson's and Teamsters Union Local No. 455 (the "Union") and that Albertson's has certain legal obligations with regard to that CBA and representation of the recognized collective bargaining unit by the Union pursuant to the National Labor Relations Act and the Labor Management Relations Act. 37.1 Conflicts between Decree and CBA -The parties agree that if a conflict
arises between Albertson's obligations under this Consent Decree and its obligations pursuant to the CBA between Albertson's and the Union or Albertson's legal obligations with regard to that CBA and representation of the recognized collective bargaining unit by the Union pursuant to the National Labor Relations Act and the Labor Management Relations Act, Albertson's may file a motion with the Court requesting disposition of the alleged conflict if the Parties are first unable to reach a voluntary informal resolution. 37.2 Requirement of Informal Resolution Efforts
37.2.1 Notice of Conflict- Prior to filing a motion under Paragraph 37.1 above, Albertson's will provide written notice to EEOC of the nature of the alleged conflict. The Notice of Conflict shall specify the nature of the alleged conflict, the particular
12

provisions of this Consent Decree and the CBA believed by Albertson's to be in conflict, and provide a summary of the evidence which Albertson's expects to submit to the Court in support of any proceeding regarding such alleged conflict, including witness names with a summary of each witness' testimony, and copies of any documentary evidence. 37.2.2 Response to Notice of Conflict- Within thirty (30) business days after its receipt of the required Notice of Conflict, EEOC will provide a written response with a summary of any evidence it would submit to the Court in opposition to any proceeding regarding such alleged conflict, including witness names with a summary of each witness' testimony and copies of any documentary evidence. 37.2.3 Service- Service of the Notice of Conflict and any Response shall be made by hand-delivery, facsimile transmission, or electronic mail. 37.2.4 Meeting- After service of the Response by EEOC, the Parties will schedule a telephonic or in-person meeting within fifteen (15) days to attempt in good faith to resolve the alleged conflict. On written notice, either Party may bring a representative of the Union to be present for the meeting.
13

37.2.5 Conflict Resolution Period - If the alleged conflict has not been resolved within thirty (30) days after service of the Response to the Notice of Conflict (or within thirty (30) days of the Notice of Conflict if no Response is served), which time may be extended by mutual agreement, Albertson's may file a motion asking the Court to resolve the alleged conflict.
37.2.6 Fees and Costs Associated with Informal Resolution- The Parties shall each bear their own attorney's fees and costs associated with informal resolution efforts.
VI. NON-DEROGATION OF EEOC RIGHTS 38. Waiver of Commission Claims - EEOC agrees not to use any charge filed with
EEOC before the Effective Date of this Consent Decree as a jurisdictional prerequisite for filing a lawsuit against Albertson's regarding any claims involving the Distribution Center. Nothing in this Consent Decree shall be construed to preclude EEOC from bringing suit to enforce this Consent Decree in accordance with the provisions of Section X ("Enforcement of Consent Decree") below. 39. EEOC Rights Reserved - The Commission reserves all rights to proceed with respect to matters not covered, waived, and released by this Consent Decree. 40. Charges Filed After the Effective Date- Any individual charges of discrimination filed with EEOC or the Colorado Civil Rights Division after the Effective Date of this Consent Decree, based on conduct alleged to have occurred prior to the Effective Date of this Consent Decree, will be
14

administratively processed by EEOC in accordance with its standard procedures, except that EEOC shall not file a lawsuit nor intervene in any lawsuit based in whole or in part on issues, claims and allegations in any such charges that are based on conduct occurring at the Distribution Center prior to the effective date of this Decree.
VII. AFFIRMATIVE RELIEF 41. Except for Paragraphs 44.2, 45, 56.1, 56.2.2 and 56.2.3, the provisions of this
Section VII, Affirmative Relief, shall apply to Albertson's only if Albertson's, during the term of this Decree, opens or reopens a distribution center in Colorado. 42. In the event of a sale or lease of the Distribution Center to a Covered Buyer, the provisions of this Section VII, Affirmative Relief, shall apply only to a Covered Buyer, shall take effect as of the date the Covered Buyer takes possession of the Distribution Center, and shall be applied to said Covered Buyer for the remainder of the term of the Consent Decree. As provided in Paragraph 11, if the Covered Buyer is not a Related Entity, the term of the Consent Decree will be two years from the date the Covered Buyer takes possession of the Distribution Center and the provisions requiring a Monitor will not apply. 43. Notice and Posting of Decree Notice 43.1 Posting -Albertson's shall post the Notice to Employees, attached hereto
as Attachment A, on the bulletin board outside the Human Resources office on the second floor of the Distribution Center and on the bulletin
15

board in the breezeway on the first floor of the Distribution Center and in any other location where other employee-related and union notices are customarily posted. 43.2 Orientation on Consent Decree -Albertson's shall conduct one or more orientation meetings with current Distribution Center employees, including but not limited to bargaining unit employees, superintendents, supervisors, managers, and Associate Relations and Human Resources employees with responsibility for the Distribution Center (excepting Andrew Scoggin, Danny Ma, Peggy Jones and Bob Schuler, who are corporate personnel located outside of Colorado and who are aware of this Decree and its contents), regarding the Consent Decree, including but not limited to the anti-retaliation provisions thereof . Albertson's shall notify EEOC of the dates, times and locations at least twenty (20) days prior to each of the orientation meetings, and EEOC shall have the right to attend and observe any or all such meetings. If EEOC has any concerns about the content of the orientation meeting(s), EEOC can communicate those concerns afterwards to the Consent Decree Coordinator. The notification to EEOC of the time of any orientation meeting for drivers shall be approximate. Albertson's shall inform all Distribution Center supervisors, superintendents, managers, and Associate Relations and Human Resources employees with responsibility for the Distribution Center that
16

any personal failure to comply with the Decree may subject them to appropriate disciplinary action up to and including termination. 44. Injunction 44.1 No Discrimination -Albertson's is enjoined from discriminating against any current or future Distribution Center employee because of his or her race, color, and/or national origin. Albertson's decisions regarding employee training and terms and conditions of employment, including but not limited to such things as hiring, promotion, transfer, shift assignment, job assignment, equipment assignment, overtime, attendance, leave, discipline, and termination, will be made without regard to race, color and/or national origin. 44.2 No Retaliation -Albertson's is enjoined from retaliating against any former or current Distribution Center employee based on his or her participation in the investigation by EEOC into the charges of discrimination and retaliation underlying the Actions, for participating in the Actions, for opposing any employment practice made unlawful by Title VII of the Civil Rights Act of 1964, as amended, or for asserting any rights under this Consent Decree. 45. Neutral Reference - In accordance with its current policy, Albertson's shall respond to inquiries regarding former Distribution Center employees by providing neutral, objective verification of employment to prospective employers and shall not give any negative references for any of the Claimants or members of the
17

Represented Group except as otherwise required by law. In the orientation(s) on

this Consent Decree as provided herein, Albertson's will re-emphasize this policy

to managers and supervisors, and emphasize that to do other than required by

this policy may violate this Consent Decree, subjecting the manager or

supervisor who violates such policy and/or Consent Decree to disciplinary action

up to and including termination.

46. Consent Decree Coordinator and Monitor

46.1 Appointment of Consent Decree Coordinator- Danny Ma, who is

currently a Director of Labor Relations for Albertson's, will become

Consent Decree Coordinator. If for any reason Danny Ma becomes

unable to serve as Consent Decree Coordinator, Albertson's will designate

another qualified employee as Consent Decree Coordinator. Albertson's

will provide one week's advance notice of the identity, credentials and

qualifications of the new Consent Decree Coordinator.

46.2 Duties of Consent Decree Coordinator -Albertson's Consent Decree

Coordinator will be responsible for:

•

coordinating Albertson's compliance with the requirements of this

Consent Decree;

•

overseeing maintenance of records required to be preserved by this

Decree;

•

acting as a liaison between Albertson's and the Consent Decree

Monitor, including, but not limited to, meeting with the Consent

18

Decree Monitor at least quarterly for the first year and at least twice

a year for the remainder of the Decree;

•

submitting reports required by this Decree;

•

assisting in the development and implementation of training

required by this Decree;

•

assisting in review and any necessary revision of Albertson's

policies and procedures required by this Decree. 47. Appointment of Consent Decree Monitor- Albertson's and EEOC will agree

upon the selection of a Consent Decree Monitor ("Monitor"). Albertson's will

provide EEOC with a list of at least three individuals from Colorado. If none of

those individuals are agreeable to EEOC, Albertson's will submit a second list of

at least three individuals, and may include individuals from outside Colorado. If

none of these individuals are agreeable to the EEOC, the dispute will be resolved

under Paragraph 49.

48. Replacement of Monitor- In the event the Monitor is unable or unwilling to

continue to serve, the Parties shall meet and confer to select a new Monitor by

mutual agreement.

49. Resolving Disputes Over Monitor Appointment- If the Parties cannot agree

upon a Monitor or after becoming aware of a need to appoint a new Monitor,

Mediator Hunter Hughes will submit a list of five (5) candidates to the Parties

from which each Party will strike two (2) candidates. The Party to make the first

19

strike will be determined by flip of a coin. The remaining candidate will be the new Monitor. 50. Compensation of Monitor- Albertson's will pay the reasonable fees and expenses of the Monitor. The Monitor shall submit to the Consent Decree Coordinator an invoice for fees and expenses for provision of the services described in this Consent Decree on a monthly basis. The Monitor's invoices shall be supported by receipts, such as for travel expenses, where applicable. 51. Cooperation - The Monitor shall, to the maximum extent practicable and consistent with the Monitor's obligations, work cooperatively with Albertson's so as not to unduly interfere with Albertson's operations. Albertson's agrees to cooperate with the Monitor to the maximum extent practicable and reasonable. The Monitor shall agree to be bound by this Decree and shall agree to perform his or her responsibilities only as set forth in the Decree. The Monitor shall have no power to add to, subtract from, or modify any of the terms of the Decree. 52. Replacement of Monitor- Either EEOC or Albertson's may petition the Court to replace the Monitor for misconduct, failure or inability to perform the substantive duties of the Monitor position, or demonstrated bias. 53. Access to Distribution Center, Premises, and Information -The Monitor shall have reasonable and unobstructed access to all relevant, non-privileged documents, including all non-privileged documents maintained by Albertson's relating to implementation or administration of this Consent Decree, premises, and other sources of information necessary to fulfill his or her duties and
20

responsibilities under this Consent Decree. During the Monitor's on-site visits,

Albertson's shall provide the Monitor with reasonable and private office space

that provides convenient and confidential access to such documents, records,

and information. Any on-site visits by the Monitor shall be conducted so as not to

be disruptive to Albertson's business.

54. Non-privileged Documents - For purposes of this Consent Decree, "non-

privileged" documents shall include any and all records compiled during

Albertson's investigation of any Employee Complaint of Discrimination (as

defined in Paragraph 24 above), even if such investigation is conducted by an

attorney, unless such attorney-conducted investigation was initiated after and

pursuant to a complaint the first notice of which was by or through service on

Albertson's of a summons and complaint of a lawsuit filed in state or federal

court. 55. Monitor's Responsibilities - During the term of the Decree, the Monitor will

have the following responsibilities, which the Monitor will carry out with due

regard for both efficiency and accuracy:

•

Evaluate whether Albertson's has taken timely, appropriate, reasonable,

and effective action to implement the requirements of this Consent

Decree;

•

Review records documenting Employee Complaints of Discrimination (as

defined in Paragraph 24 above) and investigative records relating to any

21

such complaints to assess the adequacy of Albertson's response to such

complaints;

•

The Monitor shall not himself/herself receive Employee Complaints of

Discrimination or investigate Employee Complaints of Discrimination. He

or she shall not become involved in complaints or concerns not related to

the requirements of this Consent Decree;

•

Attend in order to observe, but not participate in, orientation meeting(s)

held with current employees regarding the provisions of the Consent

Decree;

•

Review, comment upon, and make recommendations, if any, regarding

Albertson's Distribution Center policies and procedures relevant to the

requirements of the Consent Decree;

•

Meet in person or by telephone with Albertson's Consent Decree

Coordinator and an EEOC representative quarterly during the first year of

the Consent Decree and semi-annually thereafter to discuss and make

recommendations, if any, regarding Albertson's implementation of and

compliance with the terms of this Decree; and

•

Report to the Parties as provided in this Consent Decree. Additionally, the

Monitor may meet separately with Albertson's Consent Decree

Coordinator or the EEOC, as determined by the Monitor, although the

Monitor shall inform the other party of any such meetings and their

content.

22

56. EEO Training 56.1 Development of EEO Training Program -Within ninety (90) days of the Effective Date of this Consent Decree, Albertson's shall submit to EEOC a proposed EEO training program for supervisory and management employees, and Associate Relations and Human Resources employees (other than Andrew Scoggin, Danny Ma, Peggy Jones and Bob Schuler) with responsibility for the Distribution Center which shall include a detailed agenda, a plan to ensure that all such employees receive the required training and the resume or curriculum vitae of the individual(s) who will conduct the training. The proposed EEO training program required under this provision will specifically identify the individuals who will continue employment with Albertson's after closure of the Distribution Center and describe a plan for training these individuals. If during the term of this Decree, Albertson's opens or reopens a distribution center in Colorado, Albertson's will provide a revised training program for the new operation. Albertson's shall submit to EEOC a proposed EEO training program for non-supervisory employees, which shall include a detailed agenda, a plan to ensure that all such employees receive the required training and the resume or curriculum vitae of the individual(s) who will conduct the training.
23

56.2 Amount of Training Required 56.2.1 Non-Supervisory Employees -Albertson's will provide nonsupervisory Distribution Center employees at least two (2) hours of EEO training within ninety (90) days of the opening or reopening and to new employees within thirty (30) days of hire and each calendar year thereafter for the duration of the Consent Decree. The first two (2) hours of training to the initial employee group must be conducted live and may be presented by qualified Albertson's Labor Relations or Human Resources employees. Thereafter, this training may be live or by video or computer presentation purchased from an outside vendor. 56.2.2 Management and Supervisory Employees -Albertson's will provide current Distribution Center supervisory and management employees who are retained beyond the date the Distribution Center is closed at least four (4) hours of EEO training within one hundred eighty (180) days of the Effective Date of the Consent Decree and each calendar year thereafter for the duration of the Decree. If Albertson's, during the term of this Decree, opens or reopens a distribution center in Colorado, Albertson's will provide at least four (4) hours of EEO training to new supervisory and management employees within thirty (30) days of hire or promotion into a supervisory or
24

management position and each calendar year thereafter for the duration of the Consent Decree. At least 50 percent of the training to such current and future supervisory and management employees must be conducted live and may be presented by qualified Albertson's Labor Relations or Human Resource employees. The remainder of such training may be conducted live or by video or computer presentation purchased from an outside vendor. 56.2.3 Human Resource Employees -Albertson's will provide current Associate Relations and Human Resource employees (other than Andrew Scoggin, Danny Ma, Peggy Jones and Bob Schuler) with responsibility for the Distribution Center who are retained beyond the date the Distribution Center is closed at least ten (10) hours of EEO training within one hundred eighty (180) days of the Effective Date of the Consent Decree and each calendar year thereafter for the duration of the Decree. If Albertson's, during the term of this Decree, opens or reopens a distribution center in Colorado, Albertson's will provide at least ten (1 0) hours of EEO training to new Associate Relations and Human Resource employees with responsibility for the Distribution Center within thirty (30) days of hire or promotion into Associate Relations and Human Resource positions with
25

responsibility for the Distribution Center and each calendar

year thereafter for the duration of the Consent Decree. At least

seven (7) hours of such training of such current and future

Associate Relations and Human Resource employees with

responsibility for the Distribution Center must be conducted live

by an individual(s) not employed by or associated with

Albertson's or any of its subsidiary or affiliated entities. The

remainder of such training may be conducted live or by video

or computer presentation purchased from an outside vendor.

56.3 Required Subjects of Training -At a minimum, the EEO training

programs for Distribution Center employees shall include the following:

•

instruction on the requirements of all applicable EEO laws,

including but not limited to Title VII of the Civil Rights Act of 1964,

as amended, the Age Discrimination in Employment Act, the

Americans with Disabilities Act, the Equal Pay Act, and the

Pregnancy Discrimination Act;

•

a review of Albertson's employment policies prohibiting

discrimination and hostile work environment and of the

requirements of this Decree, with particular emphasis on complaint

procedures, prohibitions on retaliation, and the role of the Consent

Decree Coordinator and Monitor;

26

•

instruction on any policies related to this Decree, such as: the non-

harassment policy, anti-graffiti policy, Albertson's Courtesy, Dignity

and Respect policy, and other policies, including but not limited to

policies regarding hiring, transfer, promotion, attendance,

scheduling, production, and discipline without regard to race, color,

and/or national origin, and policies prohibiting retaliation for

engaging in activity protected under EEO laws;

•

training for supervisory, management and Associate Relations and

Human Resource employees with responsibility for the Distribution

Center, which shall include instruction on the proper procedures for

responding to employee complaints of discrimination, harassment,

hostile work environment, and retaliation.

57. Modification and Implementation of Policies and Procedures

57.1 Review of Policies- Albertson's shall, in consultation with the Monitor

review its existing employment policies and procedures applicable to the

Distribution Center, and develop and implement as necessary new and/or

revised policies and provisions to ensure that equal employment

opportunities are afforded to minority employees. Under no

circumstances shall EEOC, by commenting or electing not to comment

upon proposed policies or procedures, be deemed to have waived its right

to investigate or litigate any alleged adverse effects of said policies or

procedures upon equal employment opportunities after the effective date

27

of this Decree. Nor shall EEOC, by commenting or electing not to comment upon said policies or procedures, be considered to have accepted the validity of, or approved, the policies or procedures adopted by Albertson's. 57.2 Policies to be Modified or Developed.
57.2.1 Procedures to Guard Against Unlawful Discriminatory and Retaliatory Decision Making -Albertson's, in consultation with the Monitor, shall review and, if necessary, modify its current policies and procedures to prevent unlawful discriminatory and retaliatory decision making regarding such things as hiring, transfers, promotions, assignment of work, enforcement of attendance policies, scheduling, leave requests, allocation of overtime, discipline and discharge.
57.2.2 Procedures to Prevent and Correct Racial/Ethnic GraffitiAlbertson's shall review and, if necessary, modify its current policy and procedures with regard to the investigation, documentation and prompt eradication of racially and ethnically offensive graffiti discovered at the Distribution Center. The procedures shall include at least the following elements: (a) reaffirmation in meetings and in writing that racially and ethnically offensive graffiti is a serious violation of Albertson's policies warranting discipline up to and including discharge; (b)
28

an inspection of the Distribution Center premises at least once per day for racially and ethnically offensive graffiti; (c) documentation of racially and ethnically offensive graffiti by taking a photograph or digital image thereof and entering a description of the graffiti in a log which log shall be kept for the term of the Decree and made available to the Monitor upon reasonable request; (d) removal of racially and ethnically offensive graffiti after documentation thereof as soon as possible but no later than twenty-four (24) hours after its discovery or report; (e) reasonable and thorough investigation of each incidence of racially and ethnically offensive graffiti, including but not limited to consideration, under appropriate circumstances, of retaining a forensic handwriting expert to compare employee writing samples with graffiti which consists at least in part of handwriting; (f) encouraging employees to immediately report any offensive racial or ethnic graffiti in the Distribution Center to supervisors, managers, Human Resources, or Albertson's Consent Decree Coordinator; and (g) appropriate discipline, in accordance with any applicable collective bargaining agreement, of those employees found to be responsible for racially and ethnically offensive graffiti.
29

57.2.3 Procedures to Prevent and Correct Offensive Racial/Ethnic Harassment- Albertson's shall review and, if necessary, modify its current policy and procedures to prevent and promptly correct racial or ethnic harassment at the Distribution Center, including, but not limited to, offensive slurs, jokes, and/or comments. The procedures shall include at least the following elements: (a) reaffirmation in meetings and in writing that racial/ethnic harassment, including slurs, jokes, and comments, is a serious violation of Albertson's policies warranting discipline up to and including discharge; (b) encouraging employees to immediately report any offensive racial or ethnic comments made at the Distribution Center to supervisors, managers, Human Resources, or the Consent Decree Coordinator; (c) reasonable and thorough investigation of any and all reports or complaints of offensive racial or ethnic harassment; (d) appropriate discipline, in accordance with any applicable collective bargaining agreement, of those employees found to be responsible for offensive racially or ethnic harassment.
57.2.4 Management Evaluation and Accountability PolicyAlbertson's shall revise or develop, implement, and maintain a management performance evaluation system to include EEO
30

compliance and compliance with this Decree as factors for evaluating supervisor, superintendent, and manager performance.
VIII. MONETARY RELIEF 58. Class Settlement Fund - In full and final settlement of all monetary claims in
connection with the Actions, including those of Claimants and members of the Represented Group, Albertson's shall pay the gross sum of Eight Million Nine Hundred Thousand Dollars ($8,900,000) to be distributed as determined by EEOC. Under no circumstance shall the Class Settlement Fund exceed Eight Million Nine Hundred Thousand Dollars ($8,900,000). 59. EEOC Class Distribution List- Prior to presentation of this Consent Decree to the Court for approval, EEOC shall provide Albertson's with a Class Distribution List identifying each Claimant (including members of the Represented Group) determined by EEOC to be eligible for a Claim Share, and categorizing such Eligible Class Members (including members of the Represented Group) into five tiers, specifying the amount to be paid to each Eligible Class Member (including members of the Represented Group). EEOC represents that its Class Distribution List is based on the following criteria: (a) whether the Eligible Class Member articulated facts sufficient to support a claim for retaliation; (b) the extent to which the Eligible Class Member was subjected to a hostile work environment based on race, color or national origin; (c) the severity of any harassment to which the Eligible Class Member was subjected; (d) the length of time the Eligible
31

Class Member worked in the hostile environment; (e) whether the Eligible Class Member was subject to different terms and conditions of employment based on the Eligible Class Member's race, color, and/or national origin; (f) the extent of harm suffered by the Eligible Class Member; (g) the specificity and verifiability of the Eligible Class Member's allegations; and (h) the extent to which the Eligible Class Member contributed to the EEOC's litigation effort.
60. Fund Administrator- The Fund Administrator will perform the functions
necessary to distributing the Class Settlement Fund including sending notices of settlement to Claimants in the form attached hereto as Attachment B, receiving releases from Eligible Class Members, mailing payments and tax reporting forms, and filing necessary tax forms with all appropriate taxing authorities. The costs and expenses of the Fund Administrator shall be paid by Albertson's and shall not be deducted from the Class Settlement Fund. Albertson's shall select a Fund Administrator with input by EEOC by the Effective Date of this Decree. The Fund Administrator shall agree to be bound by this Decree and shall agree to perform his, her or its responsibilities only as set forth in the Decree.
61. Mailing Notice of Settlement- EEOC shall provide the Fund Administrator with
a hard copy and an electronic list of the names and addresses of the Claimants. Within ten (1 0) business days after receipt of such list or Court approval of the Consent Decree, whichever comes later, the Fund Administrator shall mail to each Claimant, the Notice of Settlement advising the Claimant whether he or she has been determined by EEOC to be an Eligible Class Member, and, if so, the
32

Claim Share amount. For Claimants determined to be Eligible Class Members, the Notice of Settlement will be sent with a Waiver and Release of Claims ("Release") in the form attached hereto as Attachment C, instructions on the procedure to accept the Claim Share Amount, including the deadline to accept ("Acceptance Deadline") and a blank W-9 taxpayer identification form. 62. Returned Undeliverable Mail - If any Notices of Settlement are returned as undeliverable, the Fund Administrator will make one attempt to obtain a current address for such Claimants by use of reasonable and usual means of address traces and then re-mail Notices of Settlement. Additionally, within two (2) business days of receiving a returned notice, the Fund Administrator will send email notice to EEOC with the name of any Claimant whose notice is returned, and will promptly re-mail the Notice to any new address provided by EEOC for that Claimant. The process for handling returned undeliverable mail will not operate to extend the Acceptance Deadline for more than sixty (60) days. 63. Acceptance Deadline - The Acceptance Deadline will be sixty (60) days after the original mailing of the Notice of Settlement or sixty (60) days after any remailing of Notices of Settlement. The Acceptance Deadline may be extended by written agreement of the Parties and the sixty (60) day acceptance period for remailed notices may be shortened by written agreement of the Parties. The Fund Administrator will certify to the Parties that the Notices of Settlement have been mailed as required in this Section and the date of the original mailing and any remailing.
33

64. Settlement Agreements with Represented Group - Prior to submission of this Decree to the Court for approval, each member of the Represented Group must execute and deliver to Albertson's the original signed settlement agreement in the form negotiated and agreed to on his behalf by his counsel with Albertson's, along with a completed W-9 form.
65. Release for Eligible Class Members Not in the Represented Group -In order to receive a Claim Share payment pursuant to this Consent Decree, an Eligible Class Member must sign a Release in the form attached as Attachment C and a completed W-9 form and return the signed Release and completed W-9 form to the Fund Administrator by the Acceptance Deadline. Eligible Class Members who fail to return the signed Release and W-9 by the Acceptance Deadline shall not be entitled to a Claim Share.
66. Redistribution of Unaccepted Funds -Any settlement funds designated for Eligible Class Members who fail to return Releases by the Acceptance Deadline will be redistributed equally among those Eligible Class Members in Tiers 4 and 5 who timely return signed Releases. Under no circumstances shall the total monetary distribution to Eligible Class Members and the Represented Group exceed the gross settlement fund of Eight Million Nine Hundred Thousand Dollars ($8,900,000.00).
67. Retention of Releases and Final Class Distribution List- The Fund Administrator will receive and retain all Class Member releases until final distribution of the Class Settlement Fund has been completed. Within ten (1 0)
34

days after the last Acceptance Deadline, the Fund Administrator will provide Albertson's and EEOC with (a) a list of the Eligible Class Members sent releases, indicating whether each has returned a signed release and a completed W-9; and (b) a Final Class Distribution List, reflecting any redistribution under Paragraph 66 above. Within three (3) business days of receiving the Final Class Distribution List, EEOC will provide Albertson's and the Fund Administrator with notice either approving the Final Distribution List or identifying any errors. Any errors will be corrected according to EEOC's instructions. Under no circumstances shall the total monetary distribution to Eligible Class Members and the Represented Group exceed the gross settlement fund of Eight Million Nine Hundred Thousand Dollars ($8,900,000.00). 68. Distribution of Settlement Funds -Within twenty (20) days after issuing a Final Class Distribution List, the Fund Administrator shall disburse the Class Settlement Funds in accordance with the Final Class Distribution List, including any revision due to calculation correction under Paragraph 67 above. Payments to Eligible Class Members will be sent by certified mail or other verified delivery service and each Eligible Class Member will have the option to pick up his/her payment at the offices of Baker & Hostetler LLP, 303 East 17th Avenue, Suite 1100, Denver, Colorado during normal business hours. Payments to members of the Represented Group will be made in accordance with the settlement agreements entered into with Albertson's.
35

69. Taxes 69.1 The Fund Administrator shall issue a 1099 tax form to each Eligible Class Member who receives any monetary relief, including those in the Represented Group. 69.2 The Fund Administrator shall issue a 1099 tax form to each attorney representing members of the Represented Group. 69.3 Each Eligible Class Member, including those in the Represented Group, shall be responsible for payment of income taxes owed to any governmental authority as a result of monetary relief received pursuant to this Decree. 69.4 The Fund Administrator shall make appropriate reports to the Internal Revenue Service and other tax authorities, including, but not limited to, the Colorado Department of Revenue.
70. Administrative Costs -Albertson's shall pay all administrative costs for the process of payment of the monetary relief under this Decree, including, but limited to, postage, supplies, clerical services, accounting services, and tax return preparation incurred by the Fund Administrator in performing his/her duties under this Decree. IX. REPORTING AND RECORDKEEPING
71. The provisions of this Section IX, Reporting and Recordkeeping, shall apply to
Albertson's only if Albertson's, during the term of this Decree, opens or reopens a distribution center in Colorado.
36

72. In the event of a sale or lease of the Distribution Center to a Covered Buyer, the

provisions of this Section IX, Reporting and Recordkeeping, shall apply only to a

Covered Buyer, shall take effect as of the date the Covered Buyer takes

possession of the Distribution Center and shall be applied to said Covered Buyer

for the remainder of the term of the Consent Decree. As provided in Paragraph

11, if the Covered Buyer is not a Related Entity, the term of the Consent Decree

will be two years from the date the Covered Buyer takes possession of the

Distribution Center and the provisions requiring a Monitor will not apply.

73. Document Preservation - Albertson's agrees to take all reasonable steps to

maintain all of the documents identified below:

•

all personnel files including all performance appraisals, attendance,

discipline and termination records;

•

schedules of employees in the classifications of, warehouseman,

mechanic, sanitation, salvage, janitorial, and building and maintenance;

•

driver dispatch and daily manning sheets;

•

weekly selector production records;

•

all records documenting Employee Complaints of Discrimination (as

defined in Paragraph 24 above);

•

all records documenting Albertson's efforts to investigate Employee

Complaints of Discrimination;

37

•

all records created pursuant to Albertson's policy regarding racial and/or

ethnic graffiti in the Distribution Center, including all photographs and

digital images and log descriptions of such graffiti;

•

all records of employee attendance, including approved leaves (i.e.,

vacation, holidays, Family Medical Leave Act leave, jury duty, funeral

leave, and unapproved absences) tardiness, and leaving early;

•

all records of employee requests for leave;

•

all records of employee discipline and discharge, including any

investigative records supporting the decision;

•

all job postings;

•

all employee transfer or shift change requests; and

•

computerized payroll data showing hours and days worked and paid.

74. Reports- As set forth in greater detail below, Albertson's will submit summary

reports to the Monitor. After reviewing the summary reports, the Monitor may

request that certain relevant records, including electronic data, be copied and

provided, and/or that records be made accessible for the Monitor to review onsite

at the Distribution Center. Any such request by the Monitor will include a

reasonable date by which the records should be provided based on the scope of

the request and the difficulty in obtaining the documents or data. Albertson's and

the Monitor shall attempt to agree upon a reasonable date for production. Upon

request by the EEOC, the Monitor will promptly provide EEOC copies of any

records obtained by the Monitor, including Albertson's reports. EEOC shall

38

handle these records consistent with EEOC's usual procedures, in accordance

with the Freedom of Information Act. Albertson's shall be informed of any FOIA

requests which entail disclosure of such reports, documents or data within five

(5) business days after receipt by EEOC.

74.1 Initial Report- Albertson's shall provide the Monitor with the following:

•

a status report on Albertson's review and revision of existing

policies to ensure equal employment opportunities;

•

proposed EEO training programs, as required under this Consent

Decree; and

•

verification that the orientation pursuant to Paragraph 43.2

("Orientation on Consent Decree") has occurred.

74.2 Periodic Reports

74.2.1 Albertson's shall submit semi-annual reports each calendar

year to the Monitor in both hard copy and electronic form.

74.2.2 The first reporting period will begin on the date Albertson's

opens or reopens a distribution center in Colorado, or on the

date a Covered Buyer takes possession of the Distribution

Center and will end on the last day of the sixth complete

calendar month. Each subsequent reporting period will be six

(6) calendar months thereafter.

74.2.3 Confidentiality and Use of Information - All documents and

information provided by Albertson's to the Monitor pursuant to

39

this Consent Decree shall be kept confidential by the Monitor and shall not be disclosed to any person or entity other than the EEOC upon its request. Said documents and information shall be utilized solely in connection with this Consent Decree and may not be utilized by EEOC as the basis to initiate a Commissioner's charge or to initiate any new or future litigation against Albertson's, except for any litigation to enforce this Consent Decree. EEOC shall maintain the confidentiality of such reports unless required to be disclosed pursuant to a proper FOIA request. Albertson's shall be informed of any FOIA requests which entail disclosure of such reports, documents or data within five (5) business days after receipt by EEOC.
74.2.4 Each report shall contain the following information for the
relevant reporting period: • A summary of all written disciplinary actions taken during the
reporting period, including the following: name, position and race/ethnicity of the person disciplined, the names, positions and race/ethnicity of the decision makers who took the disciplinary action, a brief description of the offense, date of offense, description of disciplinary action taken, date of disciplinary action, whether the disciplinary action was the
40

subject of a grievance under the CBA, outcome or current status of any such grievance; whether the disciplinary action taken was the subject of any other objection, appeal, or charge of discrimination by the disciplined employee; and outcome or current status of any such employee objection, appeal, or charge of discrimination; • A summary of all incidents of graffiti during the reporting period, including the following: date the graffiti was reported; name, position and race/ethnicity of employee reporting the graffiti, location of the graffiti, description of the graffiti, description of remedial steps taken including the date(s) of such remedial steps; • A summary of all Employee Complaints of Discrimination to management or supervision, including all of the following: name, position, and race/ethnicity, of the complaining employee, name and position of the manager or supervisor to whom the complaint was made, date of the complaint, form of the complaint (i.e., verbal, written, grievance, charge, etc.), brief summary of the complaint including the date of any alleged discriminatory conduct, name and position of the person to whom the complaint was assigned for investigation, brief summary of what was done to investigate the complaint,
41

description of any remedial steps, dates of any remedial steps taken and/or current status of the complaint if unresolved at the time of reporting; • A summary of the current status of any Employee Complaints of Discrimination reported in previous reports as unresolved. • A list of Distribution Center employees during the reporting period, by seniority date and categorized by race and national origin; • Verification of employee attendance for all EEO training conducted during the reporting period. 74.3 Other Reports 74.3.1 No later than twenty (20) days prior to any scheduled live training provided pursuant to this Consent Decree, Albertson's shall inform EEOC of the date, time, and location when the training is scheduled to be conducted. 74.3.2 Albertson's shall provide the Monitor with any proposed or amended employment policies at least thirty (30) days prior to implementation. 74.4 Reports of the Monitor- Within sixty (60) days after receiving Albertson's reports as provided pursuant to Paragraphs 74.1 and 74.2 of this Decree, the Monitor shall provide a written report to the Parties which will contain the following information: a description of the activities of the Monitor
42

during the reporting period; a description of any changes in policies, procedures, and/or practices made by Albertson's, an assessment of Albertson's implementation of and compliance with the terms of the Consent Decree, the Monitor's recommendation(s) to Albertson's and Albertson's response thereto, and any such other and further information as the Monitor deems appropriate.
X. ENFORCEMENT OF CONSENT DECREE 75. Enforcement- EEOC may initiate proceedings to enforce this Decree in this
Court. There is no private right of action to enforce the obligations under this Decree, and only EEOC may seek to enforce compliance herewith. Compliance with the informal procedure for attempting to resolve disputes between the Parties set forth below shall be a condition precedent to the filing of any such proceedings to enforce the Decree. 75.1 Covered Buyer- The Parties agree that in the event of a sale or lease of
the Distribution Center to a Covered Buyer, Albertson's is not responsible for compliance of the Covered Buyer with this Decree, and the EEOC may not bring an action against Albertson's to enforce the Decree based on any alleged violation of the Decree by the Covered Buyer. 76. Requirement of Informal Resolution Efforts 76.1 Notice of Dispute - Prior to initiating proceedings to enforce this Consent Decree, EEOC will provide written notice to Albertson's of the nature of the asserted violation(s) of the Decree. The Notice of Dispute shall be
43

served on Albertson's, shall specify the nature of the alleged violation(s), the particular provisions of this Consent Decree alleged by EEOC to have been violated by Albertson's, and shall provide a summary of the evidence which EEOC expects to submit to the Court in support of any proceeding to enforce the decree, including witness names with a summary of each witness' testimony, and copies of any documentary evidence. 76.2 Response to Notice of Dispute -Within fifteen (15) business days after its receipt of the required Notice of Dispute, Albertson's will provide a written response setting forth a summary of the evidence which Albertson's expects to submit to the Court in opposition to any proceeding to enforce the decree, including witness names with a summary of each witness' testimony, and copies of any documentary evidence. 76.3 Service - Service of the Notice of Dispute and any Response shall be made by hand-delivery, facsimile transmission, or electronic mail. 76.4 Meeting - After service of the Response by Albertson's, the Parties will schedule a telephone or in-person meeting within fifteen (15) days to attempt in good faith to resolve the dispute. 76.5 Dispute Resolution Period - If the dispute has not been resolved within thirty (30) days after service of the Response to the Notice of Dispute (or within thirty (30) days of the Notice of Dispute if no Response is served), which time may be extended by mutual agreement, an action to enforce the Decree may be brought in this Court by EEOC.
44

76.6 Fees and Costs Associated with Informal Resolution and Enforcement- The Parties shall each bear its own attorney's fees and costs associated with such informal resolution efforts.
XI. MISCELLANEOUS PROVISIONS
77. Amendment- This Consent Decree may not be amended or modified except upon written agreement of the Parties and approval of the Court. Any proposed amendment to this Agreement must be signed by duly authorized representatives of each of the Parties hereto. Such amendment must then be presented to the Court by joint motion of the Parties.
78. Implementation - EEOC and Albertson's agree to take, in good faith, all reasonable steps to effectuate the terms of this Decree.
79. Attorney Fees and Costs - EEOC and Albertson's shall each bear its own costs and attorneys' fees associated with the Actions. Payment to Eligible Class Members, including payment to members of the Represented Group, from the Class Settlement Fund shall be in full and final settlement of all monetary claims, including attorneys' fees and costs. Any and all claims for attorneys' fees and costs by any Eligible Class Member, including members of the Represented Group, shall be waived and released.
80. Computation of Time Periods - In computing any period of time prescribed or allowed by this Decree, unless otherwise stated, such computation shall be made consistent with the Federal Rules of Civil Procedure.
45

81. Interpretation - The terms of this Decree are the product of joint negotiations

and shall not be construed as having been authored by one of the Parties rather

than another.

82. EEOC Response to Request for Consent Decree Records - As a matter of

policy, when EEOC has entered into a consent decree requiring periodic

reporting by the defendant, the EEOC does not provide copies of any consent

decree reporting materials unless served with a request under the Freedom of

Information Act (FOIA), a subpoena, or a court order. If EEOC is served with

such a request, subpoena, or order, for materials under this Decree, EEOC will

promptly notify Albertson's within five (5) business days, unless the request,

subpoena, or order indicates that Albertson's has also been served.

83. Notice -Any notice, report, or communication required under the provisions of

this Decree shall be by certified mail, return receipt requested, postage prepaid,

unless otherwise provided herein, and addressed to the Parties as designated

below, unless changed by written notice to the other party:

D. Andrew Winston Trial Attorney EEOC Denver Field Office 303 E. 17th Avenue, Suite 41 0 Denver, CO 80203

Danny Ma Director, Labor Relations Albertson's LLC 400 South 99th Ave, Suite 200
Tolleson, AZ 85353

Mary Jo O'Neill Regional Attorney EEOC Phoenix District 3300 N. Central Ave. Suite 690
Phoenix, AZ 85012

Lawrence J. Gartner Naomi Young Ballard Spahr LLP Suite 800 2029 Century Park East Los Angeles, CA 90067-2909

46

84. Counterparts - This Decree may be executed in more than one counterpart, each of which shall be deemed as original, but all of which shall constitute one and the same instrument. In addition, facsimile signatures shall be deemed as valid as original signatures.
SO ORDERED.

\Q.\ \Y..\ c~

Date

'

47

Attachment A
NOTICE TO EMPLOYEES
This Notice is being posted as part of a remedy agreed to pursuant to a Consent Decree between Albertson's LLC and the Equal Employment Opportunity Commission (EEOC). Albertson's LLC has denied any alleged wrongdoing.
Unlawful Discrimination: Under federal law, it is unlawful for an employer to discriminate based on race, color, religion, sex, national origin, age (over 40), or disability. This means that an employer cannot make decisions about hiring, promotion, pay, or other conditions of employment, based on race, color, religion, sex, national . origin, age (over 40), or disability. This also means that the work environment should be free from unlawful harassment based on race, color, religion, sex, national origin, age (over 40), or disability.
Unlawful Retaliation: It is also unlawful to retaliate against any individual because he or she has opposed unlawful discrimination based on race, color, religion, sex, national origin, age (over 40), or disability or has made a charge, testified, assisted or participated in any manner in an investigation, proceeding, or hearing regarding such unlawful discrimination.
Reporting Improper Conduct: If you are aware of any events, conduct, or information, which you believe may indicate some unlawful discrimination, harassment, hostile work environment, or retaliation, it is very important that you report the information so that steps may be taken to investigate and remedy any unlawful discrimination, harassment, hostile work environment, or retaliation which has been found to exist. You may report such matters to:
Reporting to Albertson's: Within the Albertson's organization, you may make such a report to Albertson's Consent Decree Coordinator, your supervisor, superintendent, manager, or a Human Resources professional. By reporting in this manner, you do not waive any right to file a charge of discrimination with EEOC or the Colorado Civil Rights Division.
Reporting to the U.S. Equal Employment Opportunity Commission: EEOC is the federal agency responsible for enforcing federal laws prohibiting employment discrimination based on race, color, religion, sex, national origin, age (over 40), or disability. You may directly contact the Denver District Field Office of EEOC, at any of the following numbers:
Telephone: 303.866.1300 TTY: 303.866.1950 Fax: 303.866.1085 Toll Free: 1.800.669.4000
The Denver Field Office of EEOC is located at:
303 East 1th·Avenue, Suite 410 Denver, Colorado 80205.
1

Attachment A Reporting to the Colorado Civil Rights Division: The CCRD is the state
agency responsible for enforcing state laws prohibiting employment discrimination based on race, color, religion, sex, national origin, age (over 40), or disability. You may directly contact the Colorado Civil Rights Division at any of the following numbers:
Telephone: (303) 894-2997 TTY: (303) xxx-xxxx Fax: (303) 894-7830 Toll Free: 1-(800) 262-4845 E-mail: ccrd@dora.state.co.us The Colorado Civil Rights Division has offices in the following locations: 1560 Broadway Street, #1 050 Denver, CO 80202 200 W. "B" Street, #234 Pueblo, CO 81003 222 S. 61h Street, #301 Grand Junction, CO 81505
2

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Denver Field Office

Attachment 8
NOTICE OF SETTLEMENT EEOC v. Albertson's LLC, Civil Action Nos. 06-cv-01273 CMA-BNB and 08-cv-00640 LTB-MJW.
DEADLINE FOR ACTION: [Insert date 60 days from mailing]

[Insert Date]

[Claimant name] [Claimant address] [Claimant address]

Dear [Name],

Thank you for participating in the above-captioned lawsuit. We are pleased to advise you that EEOC

has reached a settlement agreement and your share of the settlement fund will be at least

$

. In order to receive this settlement payment, however, you must sign and return BOTH

of the enclosed forms to the address below, by the deadline of [INSERT DEADLINE DATE].

To Accept the Settlement Amount: Sign and return BOTH of the enclosed forms by the deadline of [INSERT DEADLINE DATE (60 DAYS AFTER MAILING)]. The enclosed forms are:

1. Claimant Release (blue form) AND 2. W-9 tax reporting form (white form)

Please send BOTH signed forms in the enclosed self-addressed envelope or deliver the forms to:

EEOC v. Albertson's LLC Settlement Fund [Insert Adminstrator's address] [Admn address]

Your signed forms must be returned by the deadline- [DEADLINE DATE]. We encourage you to use some verified delivery method (certified mail, hand delivery, FedEx), so you have proof of timely delivery. DO NOT RETURN YOUR FORMS TO THE EEOC.

IMPORTANT: Please do not expect to receive your payment before [Insert date].

To Reject the Settlement Amount: If you do not sign and return the Claimant Release Form by the deadline, you will have rejected the settlement and the funds will be paid to other claimants. The settlement fund is limited and the amount to each claimant is not negotiable. You can accept or
reject. The decision is yours.

Questions: If you have questions about this Notice, please call the EEOC at 303.866.1324, or send an e-mail to karen.morrison@eeoc.gov. EEOC will respond within two business days.

# Thank you for your participation #

Attachment C

CLASS CLAIMANT RELEASE

In consideration for$

paid to me by Albertson's LLC in connection

with the resolution of EEOC v. Albertson's LLC, f/kla Albertson's, Inc., Civil Action No(s).

(06-cv-01273 CMA-BNB) (and) (08-cv-00640 LTB-MJW), I waive and release my right

to recover for any claims of race, color, and national origin discrimination and retaliation

under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e, et seq.,

that I had against Albertson's LLC prior to the date of this release and that were

included in the claims alleged in EEOC's complaints in United States District Court for

the District of Colorado.

Date:._ _ _ _ _ _ _ _ _ _ __

Signature: _ _ _ _ _ _ _ _ __

 
 Case: 1:06-cv-1273 As of: 06/03/2017 11:45 AM MDT 1 of 59
LEAD,NDISPO,TERMED
U.S. District Court District of Colorado (Denver) CIVIL DOCKET FOR CASE #: 1:06−cv−01273−CMA−BNB

Equal Employment Opportunity Commission v. Albertson's LLC Assigned to: Judge Christine M. Arguello Referred to: Magistrate Judge Boyd N. Boland Cause: 42:2000e Job Discrimination (Employment)
Plaintiff

Date Filed: 06/30/2006 Date Terminated: 12/14/2009 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: Federal Question

Equal Employment Opportunity Commission

represented by Kim Rene Rogers U.S. Department of Labor−Denver 1244 Speer Boulevard Cesar E. Chavez Memorial Building Denver, CO 80204−3516 303−844−1745 Fax: 303−844−1753 Email: rogers.kim@dol.gov TERMINATED: 09/07/2007 LEAD ATTORNEY

Nancy A. Weeks U.S. Equal Employment Opportunity Commission−Denver 303 East 17th Avenue Suite 410 Denver, CO 80203−9634 303−866−1075 Fax: 303−866−1375 Email: nancy.weeks@eeoc.gov TERMINATED: 06/04/2009 LEAD ATTORNEY

Rita Byrnes Kittle U.S. Equal Employment Opportunity Commission−Denver 303 East 17th Avenue Suite 410 Denver, CO 80203−9634 303−866−1347 Fax: 303−866−1375 Email: rita.kittle@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

David Andrew Winston U.S. Equal Employment Opportunity Commission−Denver 303 East 17th Avenue Suite 410 Denver, CO 80203−9634 303−866−1361 Fax: 303−866−1375 Email: andrew.winston@eeoc.gov ATTORNEY TO BE NOTICED

Lynn L. Palma U.S. Equal Employment Opportunity Commission−Denver 303 East 17th Avenue Suite 410

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Denver, CO 80203−9634 303−866−1374 Fax: 303−866−1375 Email: lynn.palma@eeoc.gov TERMINATED: 03/03/2009
Stephanie Struble U.S. Equal Employment Opportunity Commission−Denver 303 East 17th Avenue Suite 410 Denver, CO 80203−9634 303−866−1381 Fax: 303−866−1375 Email: stephanie.struble@eeoc.gov ATTORNEY TO BE NOTICED
William J. Martinez U.S. District Court−District of Colorado−Denver Alfred A. Arraj U.S. Courthouse Office of the Clerk 901 19th Street Denver, CO 80294−3589 303−335−2805 Email: wjm@18thavelaw.com

V. Intervenor Plaintiff James L Baxter
Intervenor Plaintiff James Steadham Intervenor Plaintiff

represented by Andrea J. Kershner Denver City Attorney's Office−Federal Boulevard 1200 Federal Boulevard Denver, CO 80204 720−944−2982 Fax: 720−944−3014 Email: andrea.kershner@denvergov.org TERMINATED: 02/04/2008 LEAD ATTORNEY
Elwyn F. Schaefer Elwyn F. Schaefer &Associates, P.C. 460 South Marion Parkway Suite 1704 Denver, CO 80209 303−722−3063 Email: estoppel14@msn.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
William J. Martinez (See above for address) ATTORNEY TO BE NOTICED
represented by William J. Martinez (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Luis Solis Gonzalez an individual

represented by William J. Martinez (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Intervenor Plaintiff Nate Valentine

represented by William J. Martinez (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Intervenor Plaintiff Steven Dade

represented by Elwyn F. Schaefer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Intervenor Plaintiff James Hartley

represented by Hugh S. Pixler Hugh S. Pixler, LLC, Law Office of 1942 Broadway #314 Boulder, CO 80302 303−413−3464 Fax: 303−938−6850 Email: Hugh@Pixlerlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

William J. Martinez (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Intervenor Plaintiff Eric Brooks

represented by William J. Martinez (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Intervenor Plaintiff Arden Dennis

represented by William J. Martinez (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant
Albertson's Inc. TERMINATED: 11/02/2006

represented by Naomi Young Ballard Spahr, LLP−Los Angeles 2029 Century Park East #800 Los Angeles, CA 90067 424−204−4400 Fax: 424−204−4350 Email: youngn@ballardspahr.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Richard Saul Mandelson

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Baker &Hostetler, LLP−Denver 1801 California Street Suite 4400 Denver, CO 80202 303−861−0600 Fax: 303−861−7805 Email: rmandelson@bakerlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Steven W. Moore Constangy Brooks Smith &Prophete, LLP−Denver 600 17th Street Suite 2700−S Denver, CO 80202 720−343−7533 Fax: 720−343−7541 Email: smoore@constangy.com ATTORNEY TO BE NOTICED

Defendant
Albertson's LLC formerly known as Albertson's Inc.

represented by Kimberly Maria Talley Kauff McClain &McGuire LLP−Los Angeles 2049 Century Park East #2690 Los Angeles, CA 90067 310−277−7550 Fax: 310−277−7525 Email: ktalley@tocounsel.com TERMINATED: 03/19/2008 LEAD ATTORNEY

Naomi Young (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Richard Saul Mandelson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lawrence Jeffrey Gartner Ballard Spahr, LLP−Los Angeles 2029 Century Park East #800 Los Angeles, CA 90067 424−204−4400 Fax: 424−204−4350 Email: gartnerl@ballardspahr.com ATTORNEY TO BE NOTICED

Stefanie M. Gusha Ballard Spahr, LLP−Los Angeles 2029 Century Park East #800 Los Angeles, CA 90067 424−204−4400 Fax: 424−204−4350 Email: gushas@ballardspahr.com TERMINATED: 10/19/2009

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Steven W. Moore (See above for address)

Tazamisha Heshima Imara Kauff McClain &McGuire LLP−Los Angeles 2049 Century Park East #2690 Los Angeles, CA 90067 310−277−7512 Fax: 310−277−7525 Email: imara@kmm.com TERMINATED: 04/09/2008

Defendant
Supervalu, Inc. TERMINATED: 10/04/2006

represented by Michael D. Nosler Lewis Roca Rothgerber Christie LLP−Denver 1200 17th Street One Tabor Center Suite 3000 Denver, CO 80202−5855 303−623−9562 Fax: 303−623−9222 Email: mnosler@rothgerber.com TERMINATED: 11/02/2006 LEAD ATTORNEY

Shane Kato Crews Hoffman Crews Nies Waggener &Foster LLP 5350 South Roslyn Suite 100 Greenwood Village, CO 80111 303−860−7140 Fax: 303−860−7344 Email: kcrews@hcnwf−law.com TERMINATED: 11/02/2006

Defendant
Cerberus Systems Inc TERMINATED: 10/04/2006

represented by Andrew Wayne Volin Sherman &Howard, L.L.C.−Denver 633 17th Street Suite 3000 Denver, CO 80202−3622 303−297−2900 Fax: 303−298−0940 Email: avolin@sah.com ATTORNEY TO BE NOTICED

Intervenor Christopher Adams

represented by William J. Martinez (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 06/30/2006

# Docket Text
1 COMPLAINT and Jury Trial Demand against Albertson's Inc. Summons Not Issued, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(gms, ) (Entered: 06/30/2006)

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07/06/2006 07/10/2006 07/24/2006 08/09/2006 08/14/2006 08/14/2006 08/14/2006 08/14/2006 08/14/2006 08/21/2006
08/22/2006 08/22/2006
08/23/2006
08/25/2006 08/25/2006

2 AMENDED COMPLAINT against all defendants, filed by Equal Employment Opportunity Commission.(Rogers, Kim) (Entered: 07/06/2006)
3 ORDER REFERRING CASE to Magistrate Judge Boyd N. Boland by Judge Daniel. (wydcd, ) (Entered: 07/10/2006)
4 ORDER, Set Hearings: Scheduling Conference set for 9/21/2006 02:30 PM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. Signed by Magistrate Judge Boyd N. Boland on 7/24/06. (erv, ) (Entered: 07/24/2006)
5 MINUTE ORDER, Reset Hearings: Scheduling Conference Reset for 10/20/2006 08:30 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. by Magistrate Judge Boyd N. Boland on 8/9/06. (erv, ) Modified on 8/9/2006 to reflect that the hearing has been reset(erv, ). (Entered: 08/09/2006)
6 WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Albertson's Inc. waiver sent on 7/10/2006, answer due 9/8/2006. (Rogers, Kim) (Entered: 08/14/2006)
7 WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Albertson's LLC waiver sent on 7/10/2006, answer due 9/8/2006. (Rogers, Kim) (Entered: 08/14/2006)
8 WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Cerbus Capital Management waiver sent on 8/1/2006, answer due 10/2/2006. (Rogers, Kim) (Entered: 08/14/2006)
9 WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Supervalu, Inc. waiver sent on 7/10/2006, answer due 9/8/2006. (Rogers, Kim) (Entered: 08/14/2006)
10 Docket Annotation re: 9 Waiver of Service Executed as to Supervalu Inc., will be found on page 2 of this filing. Albertson's service is a duplicate filing. This service as to Supervalu Inc., ONLY. Text only entry − no document attached. (erv, ) (Entered: 08/14/2006)
11 Emergency MOTION for Protective Order by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1 − LOD# 2 Exhibit Class Member Contact# 3 Exhibit 3 − PO Letter 8.18.06# 4 Exhibit 4 − GA Pacific# 5 Exhibit 5 − Chemtech# 6 Exhibit 6 − HBE# 7 Exhibit 7 − Mitsubishi (part 1)# 8 Exhibit 7 − Mitsubishi (Part 2)# 9 Exhibit 8 − Hoffman# 10 Exhibit 9 − Nebco Evans# 11 Exhibit 10 − Publix# 12 Exhibit 11 − Proposed Protective Order)(Weeks, Nancy) (Entered: 08/21/2006)
12 MEMORANDUM referring to Magistrate Judge Boland : 11 Emergency MOTION for Protective Order filed by Equal Employment Opportunity Commission, (Text Only Entry − No Document Attached)by Judge Wiley Y. Daniel on 8/22/06. (erv, ) (Entered: 08/22/2006)
13 MOTION for Leave to File Response Within the Twenty Days Set Forth in D.C.COLO.LCivR 7.1 to Plaintiff EEOC's Emergency Motion by Defendants Albertson's LLC, Albertson's Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Proposed Order (PDF Only))(Mandelson, Richard) (Entered: 08/22/2006)
14 MEMORANDUM referring to Magistrate Judge Boland : 13 MOTION for Leave to File Response Within the Twenty Days Set Forth in D.C.COLO.LCivR 7.1 to Plaintiff EEOC's Emergency Motion filed by Albertson's Inc.,, Albertson's LLC, (Text Only Entry − No Document Attached)by Judge Wiley Y. Daniel on 8/23/06. (erv, ) (Entered: 08/23/2006)
15 Minute ORDER Setting Hearing on Plaintiff's 11 Emergency MOTION for Protective Order: Motion Hearing set for 9/21/2006 02:00 PM in Courtroom A 401 before Magistrate Judge Boyd N. Boland, by Magistrate Judge Boyd N. Boland on 8/25/06. (gms, ) (Entered: 08/25/2006)
16 CORPORATE DISCLOSURE STATEMENT by Defendants Albertson's LLC, Albertson's Inc.. (Mandelson, Richard) (Entered: 08/25/2006)

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09/08/2006
09/08/2006 09/08/2006 09/13/2006
09/13/2006
09/13/2006 09/13/2006 09/13/2006 09/18/2006 09/19/2006 09/19/2006
09/20/2006
09/21/2006 09/21/2006
09/28/2006 09/28/2006 09/28/2006

17 MOTION For Extension of Time to File Responsive Pleadings and Certificate of Compliance with D.C.COLO.LCivR. 7.1(A) by Defendant Supervalu, Inc.. (Attachments: # 1 Proposed Order (PDF Only) on SUPERVALU INC.'s Motion for Extension of Time to File Responsive Pleadings to First Amended Complaint)(Nosler, Michael) (Entered: 09/08/2006)
18 Minute ORDER granting 17 Dft Supervalu Inc., Uncontested Motion for Extension of Time to File Responsive Pleadings to and incl 9/18/06 by Judge Wiley Y. Daniel on 9/8/06. (erv, ) (Entered: 09/08/2006)
19 ANSWER to Amended Complaint by Albertson's LLC, Albertson's Inc..(Mandelson, Richard) (Entered: 09/08/2006)
20 BRIEF in Opposition re 11 Emergency MOTION for Protective Order filed by Defendant Albertson's LLC. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6)(Mandelson, Richard) (Entered: 09/13/2006)
21 AFFIDAVIT re 20 Brief in Opposition to Motion Affidavit of Naomi Young in Support of Opposition by Defendant Albertson's LLC. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Mandelson, Richard) (Entered: 09/13/2006)
22 AFFIDAVIT re 20 Brief in Opposition to Motion Affidavit of Amanda Paquet in Support of Opposition by Defendant Albertson's LLC. (Mandelson, Richard) (Entered: 09/13/2006)
23 AFFIDAVIT re 20 Brief in Opposition to Motion Affidavit of Antonio Villegas in Support of Opposition by Defendant Albertson's LLC. (Mandelson, Richard) (Entered: 09/13/2006)
24 AFFIDAVIT re 20 Brief in Opposition to Motion Affidavit of Kimberly M. Talley in Support of Opposition by Defendant Albertson's LLC. (Mandelson, Richard) (Entered: 09/13/2006)
25 ANSWER to Amended Complaint by Supervalu, Inc..(Crews, S.) (Entered: 09/18/2006)
26 ERRATA re 20 Brief in Opposition to Motion by Defendant Albertson's LLC. (Attachments: # 1 Exhibit 1)(Gusha, Stefanie) (Entered: 09/19/2006)
27 MOTION for Leave to File Additional Material in Support of its Opposition to Plaintiff EEOC's Emergency Motion for Protective Order by Defendant Albertson's LLC. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Proposed Order (PDF Only))(Gusha, Stefanie) (Entered: 09/19/2006)
28 MEMORANDUM regarding 27 MOTION for Leave to File Additional Material in Support of its Opposition to Plaintiff EEOC's Emergency Motion for Protective Order filed by Albertson's LLC. (Text Only Entry − No Document Attached)Motions referred to Magistrate Judge Boyd N. Boland by Judge Wiley Y. Daniel on 9/20/06. (erv, ) (Entered: 09/20/2006)
29 NOTICE of Entry of Appearance by Lawrence Jeffrey Gartner on behalf of Albertson's LLC (Gartner, Lawrence) (Entered: 09/21/2006)
30 Minute Entry−Courtroom Minutes for proceedings held before Magistrate Judge Boyd N. Boland. taking under advisement 11 Motion for Protective Order. Motion Hearing held on 9/21/2006. (Court Reporter FTR−G. MATTEI.) (bnbcd, ) (Entered: 09/22/2006)
31 NOTICE of Entry of Appearance by Andrew Wayne Volin on behalf of Cerbus Capital Management (Volin, Andrew) (Entered: 09/28/2006)
32 CORPORATE DISCLOSURE STATEMENT by Defendant Cerbus Capital Management. (Volin, Andrew) (Entered: 09/28/2006)
33 Unopposed MOTION for Extension of Time to File Answer re 2 Amended Complaint by Defendant Cerbus Capital Management. (Volin, Andrew) (Entered: 09/28/2006)

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09/28/2006 09/29/2006 10/02/2006 10/04/2006 10/04/2006
10/04/2006 10/04/2006 10/11/2006 10/12/2006 10/19/2006
10/26/2006 11/01/2006
11/02/2006 11/02/2006
11/02/2006

34 MEMORANDUM regarding 33 Unopposed MOTION for Extension of Time to File Answer re 2 Amended Complaint filed by Cerberus Systems Inc. (Text Only Entry − No Document Attached)Motions referred to Magistrate Judge Boyd N. Boland by Judge Wiley Y. Daniel on 9/28/06. (erv, ) (Entered: 09/28/2006)
35 Minute ORDER granting 33 Motion for Extension of Time to Answer re 2 Amended Complaint Cerberus Systems Inc answer due 10/6/2006. by Magistrate Judge Boyd N. Boland on 9/29/06.(erv, ) (Entered: 09/29/2006)
36 Unopposed MOTION to Dismiss Party Cerberus Capital Management, L.P. by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order (PDF Only))(Rogers, Kim) (Entered: 10/02/2006)
37 Stipulated MOTION to Dismiss Party Supervalu Inc. by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order (PDF Only))(Rogers, Kim) (Entered: 10/04/2006)
38 Minute ORDER granting 13 Dft Albertson's, Inc., and Albertson's LLC's Motion for Leave to file Response within 20 days;and granting 27 Dft Albertson's LLC's Motion for Leave to file Additional Material in support of its Opposition to Pla EEOC's Emergency Motion for Protective Order by Magistrate Judge Boyd N. Boland on 10/4/06.(erv, ) (Entered: 10/04/2006)
39 ORDER denying 11 Pla EEOC's Emergency Motion for Protective Order. Signed by Magistrate Judge Boyd N. Boland on 10/4/06.(erv, ) (Entered: 10/04/2006)
40 ORDER granting 36 , 37 Motion to Dismiss Party Cerberus Systems Inc and Supervalu, Inc. terminated, Without Prejudice. Signed by Judge Wiley Y. Daniel on 10/4/06.(erv, ) (Entered: 10/04/2006)
41 MINUTE ORDER, Reset Hearings: Scheduling Conference Reset for 11/2/2006 09:30 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. by Magistrate Judge Boyd N. Boland on 10/11/06. (erv, ) (Entered: 10/11/2006)
42 MINUTE ORDER, Reset Hearings: Scheduling Conference Reset for 11/2/2006 09:00 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. by Magistrate Judge Boyd N. Boland on 10/12/06. (erv, ) (Entered: 10/12/2006)
43 APPEAL OF MAGISTRATE JUDGE DECISION to District Court re 39 Order on Motion for Protective Order by Plaintiff Equal Employment Opportunity Commission (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Proposed Order (PDF Only))(Rogers, Kim) (Entered: 10/19/2006)
44 Proposed Scheduling Order by Plaintiff Equal Employment Opportunity Commission. (Rogers, Kim) (Entered: 10/26/2006)
45 MOTION for Leave to File Response to the EEOC's Rule 72 Objection to Magistrate Judge's October 4, 2006 Order by Defendant Albertson's LLC. (Attachments: # 1 Proposed Document Response to EEOC's Rule 72 Obj. to Magistrate Judge's Order# 2 Exhibit 1 to Response# 3 Unpublished Case − Chemtech# 4 Unpublished Case − HBE# 5 Unpublished Case − Georgia Pacific)(Gartner, Lawrence) (Entered: 11/01/2006)
46 MINUTE ORDER granting 45 Dft Albertson's Motion for Leave to File Response to the EEOC's Rule 72 Objection to the Magistrate Judge's Order by Judge Wiley Y. Daniel on 11/2/06.(erv, ) (Entered: 11/02/2006)
47 RESPONSE to objection to 43 APPEAL OF MAGISTRATE JUDGE DECISION to District Court re 39 Order on Motion for Protective Order by Plaintiff Equal Employment Opportunity CommissionAPPEAL OF MAGISTRATE JUDGE DECISION to District Court re [ filed by Defendant Albertson's LLC. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5)(erv, ) (Entered: 11/02/2006)
48 MINUTE ORDER IT IS ORDERED that the defendant's unopposed oral motion to amend the caption is GRANTED. by Magistrate Judge Boyd N. Boland on 11/2/06. (erv, ) (Entered: 11/02/2006)

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11/02/2006 11/02/2006 11/02/2006
11/14/2006 12/06/2006
12/17/2006 12/18/2006 12/19/2006 12/22/2006 12/26/2006 12/27/2006

49 SCHEDULING ORDER: Discovery due by 6/1/2007.,Dispositive Motions due by 7/2/2007.,Settlement Conference set for 2/16/2007 01:30 PM in Courtroom A 401 before Magistrate Judge Boyd N. Boland.,Proposed Pretrial Order due by 9/3/2007.,Final Pretrial Conference set for 9/10/2007 08:30 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. Signed by Magistrate Judge Boyd N. Boland on 11/2/06. (erv, ) (Entered: 11/02/2006)
50 MINUTE ORDER Pursuant to the Scheduling Conference held on November 2, 2006, it is hereby ORDERED that a Settlement Conference is set for February 16, 2007, at 1:30 p.m. and a Pretrial Conference is set for September 10, 2007, at 8:30 a.m., in Courtroom A401, Fourth Floor, of the Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado by Magistrate Judge Boyd N. Boland on 11/2/06. (erv, ) (Entered: 11/02/2006)
51 Minute Entry for proceedings held before Magistrate Judge Boyd N. Boland. Scheduling Conference held on 11/2/2006. Discovery due by 6/1/2007.Dispositive Motions due by 7/2/2007.Settlement Conference set for 2/16/2007 01:30 PM in Conference Room before Magistrate Judge Boyd N. Boland.Proposed Pretrial Order due by 9/3/2007.Final Pretrial Conference set for 9/10/2007 08:30 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. ORDERED:The plaintiff shall identify all known claimants on whose behalf it is seeking relief on or before December 22, 2006.ORDERED:Oral motion by defendants to amend the caption is GRANTED.(Court Reporter FTR−G. Mattei.) (bnbcd, ) (Entered: 11/02/2006)
52 ORDER OVERRULING 43 APPEAL OF MAGISTRATE JUDGE DECISION to District Court and AFFIRMING Magistrate Judge's 10/4/06 39 Order on Motion for Protective Order Prohibiting Ex Parte Communications with Class Members by Plaintiff Equal Employment Opportunity. Signed by Judge Wiley Y. Daniel on 11/14/06. (erv, ) (Entered: 11/15/2006)
53 TRANSCRIPT of Scheduling Conference held on November 2, 2006 before Magistrate Judge Boyd N. Boland. Prepared by: Avery/Woods Reporting Service. Pages: 1−22. (certified copy) Text Only Entry − Per statute, copies of transcripts are available for inspection in the clerk's office. Parties interested in a copy may contact the court reporter or, in the case of a transcript prepared from a digital−audio taped record, the courtroom deputy for the judicial officer. (erv, ) (Entered: 12/06/2006)
54 MOTION for Protective Order by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Deposition Notice# 2 Exhibit Revised Deposition Notice# 3 Exhibit Unpublished Case Georgia Pacific# 4 Exhibit Unpublished Case Chemtech# 5 Exhibit Unpublished Case HBE)(Rogers, Kim) (Entered: 12/17/2006)
55 MEMORANDUM regarding 54 MOTION for Protective Order filed by Equal Employment Opportunity Commission. (Text Only Entry − No Document Attached)Motions referred to Magistrate Judge Boyd N. Boland. Referred by Judge Wiley Y. Daniel on 12/18/06. (wydcd, rrk) (Entered: 12/18/2006)
56 MINUTE ORDER re: 54 MOTION for Protective Order filed by Equal Employment Opportunity Commission, Dft shall respond on or before 1/5/07; Set Hearings: Motion Hearing set for 1/9/2007 08:00 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. by Magistrate Judge Boyd N. Boland on 12/19/06. (erv, ) (Entered: 12/19/2006)
57 MOTION For Extension of Time to Identify Class Members by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit)(Rogers, Kim) (Entered: 12/22/2006)
58 MEMORANDUM regarding 57 MOTION For Extension of Time to Identify Class Members by Plaintiff. Motions referred to Magistrate Judge Boyd N. Boland by Judge Wiley Y. Daniel on 12/26/06. (Text Only Entry − No Document Attached)(dln, ) (Entered: 12/26/2006)
59 MINUTE ORDER re: 54 MOTION for Protective Order filed by Equal Employment Opportunity Commission,Reset Hearings: Motion Hearing set for 1/16/2007 04:00 PM in Courtroom A 401 before Magistrate Judge Boyd N.

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12/27/2006 01/12/2007 01/16/2007
02/05/2007 02/05/2007 02/06/2007 02/06/2007 02/07/2007 02/07/2007 02/07/2007 02/09/2007 02/09/2007

Boland. Dfts are to respond to the Motion on or before 1/12/07, by Magistrate Judge Boyd N. Boland on 12/27/06. (erv, ) (Entered: 12/27/2006)
60 RESPONSE to Motion re 57 MOTION For Extension of Time to Identify Class Members and Modify Scheduling Order filed by Defendants Albertson's LLC, Albertson's Inc.. (Attachments: # 1 Exhibit Attachment A)(Mandelson, Richard) (Entered: 12/27/2006)
61 RESPONSE to Motion re 54 MOTION for Protective Order filed by Defendant Albertson's LLC. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Gartner, Lawrence) (Entered: 01/12/2007)
62 Minute Entry for proceedings held before Magistrate Judge Boyd N. Boland. Motion Hearing held on 1/16/2007.ORDERED:Plaintiff EEOCs motion to modify scheduling order and extend deadline to identify class members(12/22/06 # 57) is GRANTED as stated on the record. Plaintiffs shall identify all known claimants on whose behalf it is seeking relief, on or before January 30, 2007. The scheduling order is modified as follows:Discovery Cut−Off: July 10, 2007Dispositive motion deadline: August 10, 2007 Expert designation: April 10, 2007Rebuttal Expert designation: May 11, 2007 ORDERED:The Pretrial Conference set for September 10, 2007 is reset to October 22, 2007 at 9:00 a.m. Proposed pretrial order is due on or before October 15, 2007.ORDERED:The Settlement Conference set for February 16, 2007 is reset to April 17, 2007 at 1:30 p.m. Updated confidential letters are due on or before April 10, 2007. ORDERED:Plaintiff EEOCs motion for protective order(12/17/06 #54) is TAKEN UNDER ADVISEMENT as stated on the record. (Court Reporter FTR−G. Mattei.) (bnbcd, ) (Entered: 01/17/2007)
63 MOTION to Compel Rule 34 Entry Upon Land by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Attachment 1# 2 Exhibit Attachment 2# 3 Exhibit Attachment 3)(Rogers, Kim) (Entered: 02/05/2007)
64 MEMORANDUM regarding 63 MOTION to Compel Rule 34 Entry Upon Land filed by Equal Employment Opportunity Commission. (Text Only Entry − No Document Attached) Motions referred to Magistrate Judge Boyd N. Boland. Referred by Judge Wiley Y. Daniel on 2/5/07. (wydcd, rrk) (Entered: 02/05/2007)
65 MOTION to Compel Production of Documents by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit)(Rogers, Kim) (Entered: 02/06/2007)
66 MEMORANDUM regarding 65 MOTION to Compel Production of Documents filed by Equal Employment Opportunity Commission. (Text Only Entry − No Document Attached)Motions referred to Magistrate Judge Boyd N. Boland. Referred by Judge Wiley Y. Daniel on 2/6/07. (wydcd, rrk) (Entered: 02/06/2007)
67 MINUTE ORDER re: 63 MOTION to Compel Rule 34 Entry Upon Land filed by Equal Employment Opportunity Commission, Set Hearings: Motion Hearing set for 2/16/2007 04:30 PM in Courtroom A 401 before Magistrate Judge Boyd N. Boland., by Magistrate Judge Boyd N. Boland on 2/7/07. (erv, ) (Entered: 02/07/2007)
68 NOTICE of Change of Address by Lawrence Jeffrey Gartner (Gartner, Lawrence) (Entered: 02/07/2007)
69 NOTICE of Change of Address by Stefanie M. Gusha (Gusha, Stefanie) (Entered: 02/07/2007)
70 MOTION for Sanctions by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit # 8 Exhibit # 9 Exhibit # 10 Exhibit # 11 Exhibit # 12 Exhibit)(Rogers, Kim) (Entered: 02/09/2007)
71 MEMORANDUM regarding 70 MOTION for Sanctions filed by Equal Employment Opportunity Commission. (Text Only Entry − No Document Attached)Motions referred to Magistrate Judge Boyd N. Boland. Referred by Judge Wiley Y. Daniel on 2/9/07. (wydcd, rrk) (Entered: 02/09/2007)

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02/13/2007 02/13/2007 02/13/2007
02/14/2007
02/14/2007 02/14/2007 02/14/2007 02/15/2007 02/15/2007 02/15/2007 02/15/2007 02/16/2007

72 MINUTE ORDER, Reset Hearings: Settlement Conference Reset for 4/17/2007 09:00 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. by Magistrate Judge Boyd N. Boland on 2/13/07. (erv, ) (Entered: 02/13/2007)
73 MOTION for Extension of Time to File Response/Reply as to 63 MOTION to Compel Rule 34 Entry Upon Land, 65 MOTION to Compel Production of Documents and for Continuance of February 16, 2007 Hearing by Defendant Albertson's LLC. (Attachments: # 1 Affidavit Naomi Young# 2 Proposed Order (PDF Only))(Mandelson, Richard) (Entered: 02/13/2007)
74 MEMORANDUM regarding 73 MOTION for Extension of Time to File Response/Reply as to 63 MOTION to Compel Rule 34 Entry Upon Land, 65 MOTION to Compel Production of Documents and for Continuance of February 16, 2007 Hearing MOTION for Extension of Time to File Response/Reply as to 63 MOTION to Compel Rule 34 Entry Upon Land, 65 MOTION to Compel Production of Documents and for Continuance of February 16, 2007 Hearing filed by Albertson's LLC. (Text Only Entry − No Document Attached) Motions referred to Magistrate Judge Boyd N. Boland. Referred by Judge Wiley Y. Daniel on 2/13/07. (wydcd, rrk) (Entered: 02/13/2007)
75 RESPONSE to Motion re 73 MOTION for Extension of Time to File Response/Reply as to 63 MOTION to Compel Rule 34 Entry Upon Land, 65 MOTION to Compel Production of Documents and for Continuance of February 16, 2007 Hearing MOTION for Extension of Time to File Response/Reply as to 63 MOTION to Compel Rule 34 Entry Upon Land, 65 MOTION to Compel Production of Documents and for Continuance of February 16, 2007 Hearing Objection filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order (PDF Only))(Rogers, Kim) (Entered: 02/14/2007)
76 BRIEF in Opposition re 63 MOTION to Compel Rule 34 Entry Upon Land and Request for Expedited Hearing filed by Defendant Albertson's LLC. (Attachments: # 1 Affidavit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit)(Gartner, Lawrence) (Modified on 2/15/2007 This filing was done in error and has been refiled at docket # 77 )(erv2, ). (Entered: 02/14/2007)
77 BRIEF in Opposition re 63 MOTION to Compel Rule 34 Entry Upon Land filed by Defendant Albertson's LLC. (Attachments: # 1 Affidavit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit)(Gartner, Lawrence) (Entered: 02/14/2007)
78 BRIEF in Opposition re 65 MOTION to Compel Production of Documents and Request for Expedited Hearing filed by Defendant Albertson's LLC. (Gartner, Lawrence) (Entered: 02/14/2007)
79 Docket Annotation re: 76 Brief in Opposition to Motion, This was a docketing error and has been refiled at docket # 77 ; Text only entry − no document attached. (erv2, ) (Entered: 02/15/2007)
80 MINUTE ORDER, Reset Hearings: Motion Hearing Reset for 2/16/2007 04:00 PM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. by Magistrate Judge Boyd N. Boland on 2/15/07. (erv, ) (Entered: 02/15/2007)
81 ERRATA re 77 Brief in Opposition to Motion by EEOC for Entry Upon Land by Defendant Albertson's LLC. (Attachments: # 1 Exhibit 1)(Gartner, Lawrence) (Entered: 02/15/2007)
82 MINUTE ORDER, Reset Hearings: Motion Hearing set for 2/16/2007 01:30 PM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. by Magistrate Judge Boyd N. Boland on 2/15/07. (erv, ) (Entered: 02/15/2007)
83 ORDER denying 63 Pla EEOC's Motion to Compel Rule 34(a) Request for Entry Upon Land and Request for Expedited Hearing; granting in part and denying in part 65 Motion to Compel Production of Documents and request for Expedited Hearing; Denying as Withdrawn 73 Dfts Motion for Extension of Time to File Response/Reply. Signed by Magistrate Judge Boyd N. Boland on 2/16/07.(erv, ) (Entered: 02/16/2007)

Case: 1:06-cv-1273 As of: 06/03/2017 11:45 AM MDT 12 of 59

02/16/2007 02/16/2007
02/22/2007
02/23/2007 02/26/2007 02/26/2007 02/26/2007 02/27/2007 03/09/2007
03/15/2007 03/16/2007

84 MINUTE ORDER re: 70 MOTION for Sanctions filed by Equal Employment Opportunity Commission, Dft shall respond to the Motion on or before 3/9/07; Set Hearings: Motion Hearing set for 4/4/2007 09:00 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. by Magistrate Judge Boyd N. Boland on 2/16/07. (erv, ) (Entered: 02/16/2007)
85 Minute Entry for proceedings held before Magistrate Judge Boyd N. Boland. Motion Hearing held on 2/16/2007. ORDERED:Motion to compel Rule 34 entry upon land by plaintiff (2/5/07 #63) is denied as moot.ORDERED:Motion to compel production of documents by plaintiff (2/6/07 #65) is granted in part and denied in part. Production of personnel files shall be made available on or before February 26, 2007.ORDERED:Motion for extension of time to file response/reply as to motion to compel Rule 34 entry upon land, motion to compel production of documents and for continuance of February 16, 2007 hearing by defendants (2/13/07 #73) is denied as withdrawn. (Court Reporter FTR−G. Mattei.) (bnbcd, ) (Entered: 02/21/2007)
87 TRANSCRIPT of Motions Hearing held on February 16, 2007 before Magistrate Judge Boyd N. Boland. Prepared by: Avery/Woods Reporting Service. Pages: 1−37. (certified copy) Text Only Entry − Per statute, copies of transcripts are available for inspection in the clerk's office. Parties interested in a copy may contact the court reporter or, in the case of a transcript prepared from a digital−audio taped record, the courtroom deputy for the judicial officer. (erv, ) (Entered: 02/23/2007)
86 STIPULATION for Extension of Time to continue production of personnel files by Defendant Albertson's LLC, Plaintiff Equal Employment Opportunity Commission. (Gartner, Lawrence) (Entered: 02/23/2007)
88 Docket Annotation re: 86 Stipulation for Extension of Time; Csl will need to refile as a Motion attaching the Stipulation as a Proposed Order, Msg left with Csl. Text only entry − no document attached. (erv, ) (Entered: 02/26/2007)
89 First MOTION to Continue Production of Personnel Files Per the Court's February 16, 2007 Order by Defendant Albertson's LLC. (Attachments: # 1 Proposed Order (PDF Only))(Gartner, Lawrence) (Entered: 02/26/2007)
90 MEMORANDUM regarding 89 First MOTION to Continue Production of Personnel Files Per the Court's February 16, 2007 Order filed by Albertson's LLC. (Text Only Entry − No Document Attached)Motions referred to Magistrate Judge Boyd N. Boland. Referred by Judge Wiley Y. Daniel on 2/26/07. (wydcd, rrk) (Entered: 02/26/2007)
91 Minute ORDER granting Stipulated 89 Motion to Continue Production of Personnel Files Pursuant to the Court's 2/16/07 order to 3/1/07, by Magistrate Judge Boyd N. Boland on 2/27/07.(gms, ) (Entered: 02/27/2007)
92 BRIEF in Opposition re 70 MOTION for Sanctions or In the Alternative to Compel Answers to Interrgatories filed by Defendant Albertson's LLC. (Attachments: # 1 Exhibit Exhibit 1 to Opposition to EEOC's Motion for Rule 37 Sanctions or Alternatively to Compel Answers to Interrogatories# 2 Exhibit Exhibit 2 to Opposition to EEOC's Motion for Rule 37 Sanctions or Alternatively to Compel Answers to Interrogatories# 3 Exhibit Exhibit 3 to Opposition to EEOC's Motion for Rule 37 Sanctions or Alternatively to Compel Answers to Interrogatories)(Gartner, Lawrence) (Entered: 03/09/2007)
93 MINUTE ORDER Pursuant to the request of the parties, IT IS ORDERED that the hearing set for April 4, 2007, is VACATED AND RESET to April 17, 2007, at 9:00 a.m., immediately prior to the previously set settlement conference. by Magistrate Judge Boyd N. Boland on 3/15/07. (erv, ) (Entered: 03/15/2007)
94 TRANSCRIPT of Motions Hearing held on 9−21−06 before Magistrate Judge Boland. Pages: 1−26. Per statute, copies of transcripts are available for inspection in the clerk's office. Parties interested in a copy may contact the court reporter or, in the case of a transcript prepared from a digital−audio taped record, the courtroom deputy for the judicial officer. (Avery Woods Reporting, ) (Entered: 03/16/2007)

Case: 1:06-cv-1273 As of: 06/03/2017 11:45 AM MDT 13 of 59

03/23/2007 03/23/2007 03/23/2007
03/26/2007 03/26/2007 04/06/2007 04/06/2007
04/12/2007 04/12/2007 04/12/2007
04/13/2007 04/17/2007

95 MOTION to Compel EEOC to Provide Further Responses to Discovery Requests by Defendant Albertson's LLC. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K# 12 Exhibit L# 13 Exhibit M)(Gartner, Lawrence) (Entered: 03/23/2007)
96 MOTION for Order to Compel EEOC to Provide Further Responses to Discovery Requests by Defendant Albertson's LLC. (Gartner, Lawrence) (Entered: 03/23/2007)
97 MEMORANDUM regarding 95 MOTION to Compel EEOC to Provide Further Responses to Discovery Requests filed by Albertson's LLC, 96 MOTION for Order to Compel EEOC to Provide Further Responses to Discovery Requests filed by Albertson's LLC. (Text Only Entry − No Document Attached)Motions referred to Magistrate Judge Boyd N. Boland. Referred by Judge Wiley Y. Daniel on 3/23/07. (wydcd, rrk) (Entered: 03/23/2007)
98 Docket Annotation TERMINATING 96 MOTION for Order to Compel EEOC to Provide Further Responses to Discovery Requests. This is NOT a Motion but a Proposed Order to a Motion. Text only entry − no document attached. (erv2, ) (Entered: 03/26/2007)
99 MINUTE ORDER re: 95 MOTION to Compel EEOC to Provide Further Responses to Discovery Requests filed by Albertson's LLC, Pla shall respond to the Motion on or before 4/13/07; Set Hearings: Motion Hearing set for 4/17/2007 09:00 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. by Magistrate Judge Boyd N. Boland on 3/26/07. (erv, ) (Entered: 03/26/2007)
100 MOTION to Amend/Correct/Modify 49 Scheduling Order, Set Scheduling Order Deadlines,, by Defendant Albertson's LLC. (Attachments: # 1 Proposed Order (PDF Only) Proposed Order Re: Stipulated Motion to Amend Scheduling Order)(Gartner, Lawrence) (Entered: 04/06/2007)
101 MEMORANDUM regarding 100 MOTION to Amend/Correct/Modify 49 Scheduling Order, Set Scheduling Order Deadlines,, MOTION to Amend/Correct/Modify 49 Scheduling Order, Set Scheduling Order Deadlines,, filed by Albertson's LLC. (Text Only Entry − No Document Attached)Motions referred to Magistrate Judge Boyd N. Boland. Referred by Judge Wiley Y. Daniel on 4/6/07. (wydcd, rrk) (Entered: 04/06/2007)
102 AFFIDAVIT re 92 Brief in Opposition to Motion,, by Defendants Albertson's LLC, Albertson's Inc.. (Mandelson, Richard) (Entered: 04/12/2007)
103 ORDER denying 100 Stipulated Motion to Amend Scheduling Order. Signed by Magistrate Judge Boyd N. Boland on 4/12/07.(erv, ) (Entered: 04/12/2007)
104 MINUTE ORDER Upon review of the parties settlement positions, I have determined that a settlement conference at this time would not be productive and would waste resources. Should the parties disagree with this determination or determine at some later date, after consultation among themselves, that a settlement conference would be productive, they may contact my chambers to reschedule the conference. At this time, however, IT IS ORDERED that the settlement conference scheduled for April 17, 2007, is VACATED. IT IS FURTHER ORDERED that the motions hearing previously set will go forward at 9:00 a.m. on April 17, 2007. by Magistrate Judge Boyd N. Boland on 4/12/07. (erv, ) (Entered: 04/13/2007)
105 RESPONSE to Motion re 95 MOTION to Compel EEOC to Provide Further Responses to Discovery Requests, 96 MOTION for Order to Compel EEOC to Provide Further Responses to Discovery Requests filed by Plaintiff Equal Employment Opportunity Commission. (Rogers, Kim) (Entered: 04/13/2007)
106 Minute Entry for proceedings held before Magistrate Judge Boyd N. Boland. Motion Hearing held on 4/17/2007. ORDERED:Plaintiff EEOCs motion for Rule 37 sanctions or in the alternative to compel answers to interrogatories and request for expedited hearing(2/9/07 #70) is denied in part and granted in part.ORDERED:Defendant ALBERTSONS LLCs motion for an order compelling the EECO to provide further responses to discovery requests(3/23/07 #95) isgranted in part and denied in part. Responses due on or before June 1, 2007.

Case: 1:06-cv-1273 As of: 06/03/2017 11:45 AM MDT 14 of 59

04/17/2007 04/21/2007 04/23/2007
04/23/2007 05/01/2007 05/10/2007 05/10/2007 05/10/2007
05/11/2007 05/15/2007

(Court Reporter FTR−G. Mattei.) (bnbcd, ) (Entered: 04/17/2007)
107 ORDER Granting in Part and Denying in Part as stated on the record 95 MOTION to Compel EEOC to Provide Further Responses to Discovery Requests filed by Albertson's LLC Signed by Magistrate Judge Boyd N. Boland on 4/17/07. (erv, ) (Entered: 04/17/2007)
108 Proposed MOTION to Amend/Correct/Modify 62 Order on Motion for Protective Order, Order on Motion for Extension of Time, Motion Hearing,,,,,,,,,,,, 49 Scheduling Order, Set Scheduling Order Deadlines,, by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order (PDF Only))(Rogers, Kim) (Entered: 04/21/2007)
109 MEMORANDUM regarding 108 Proposed MOTION to Amend/Correct/Modify 62 Order on Motion for Protective Order, Order on Motion for Extension of Time, Motion Hearing,,,,,,,,,,,, 49 Scheduling Order, Set Scheduling Order Deadlines,,Proposed MOTION to Amend/Correct/Modify 62 Order on Motion for Protective Order, Order on Motion for Extension of Time, Motion Hearing,,,,,,,,,,,, 49 Scheduling Order, Set Scheduling Order Deadlines,, filed by Equal Employment Opportunity Commission. (Text Only Entry − No Document Attached)Motions referred to Magistrate Judge Boyd N. Boland. Referred by Judge Wiley Y. Daniel on 4/23/07. (wydcd, rrk) (Entered: 04/23/2007)
110 MINUTE ORDER re: 108 Proposed MOTION to Amend 49 Scheduling Order, it is ORDERED that the Dft shall respond to the Motion on or before 5/14/07 by Magistrate Judge Boyd N. Boland on 4/23/07. (erv, ) (Entered: 04/24/2007)
111 ORDER granting in part and denying in part 54 Motion for Protective Order; GRANTED with respect to Category 3. That discovery shall not be had;GRANTED to limit the time frame covered by Categories 4, 5, 7, 8, 10, 11, 12, 13, 14, and 15 to the period from January 1, 1995; and DENIED in all other respects.(erv, ) (Entered: 05/01/2007)
112 TRANSCRIPT of Motions Hearing held on 4−17−07 before Magistrate Judge Boland. Pages: 1−35. Per statute, copies of transcripts are available for inspection in the clerk's office. Parties interested in a copy may contact the court reporter or, in the case of a transcript prepared from a digital−audio taped record, the courtroom deputy for the judicial officer. (Avery Woods Reporting, ) (Entered: 05/10/2007)
113 RESPONSE to Motion re 108 Proposed MOTION to Amend/Correct/Modify 62 Order on Motion for Protective Order, Order on Motion for Extension of Time, Motion Hearing, 49 Scheduling Order, filed by Defendant Albertson's LLC. (Gartner, Lawrence) (Modified on 5/11/2007 to correct duplicate text)(erv2, ). (Entered: 05/10/2007)
114 ORDER granting 108 Motion to Amend Scheduling Order; Discovery Cut−Off: September 10, 2007; Dispositive Motions Deadline: October 10, 2007; The parties shall designate all experts and provide opposing counsel with all information specified in Fed. R. Civ. P. 26(a)(2) on or before June 11, 2007; The parties shall designate all rebuttal experts and provide opposing counsel with all information specified in Fed. R. Civ. P. 26(a)(2) on or before July 10, 2007; Final Pretrial Conference: The final pretrial conference set for September 10,2007, at 8:30 a.m., is VACATED and RESET to December 10, 2007, at 8:30 a.m. A proposed Final Pretrial Order shall be prepared by the parties and submitted to the court no later than December 3, 2007.Signed by Magistrate Judge Boyd N. Boland on 5/10/07.(erv, ) (Entered: 05/11/2007)
115 Utility Resetting Deadlines/Hearings: Text only entry − no document attached. Discovery due by 9/10/2007.,Dispositive Motions due by 10/10/2007.,Proposed Pretrial Order due by 12/3/2007.,Final Pretrial Conference set for 12/10/2007 08:30 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. (erv, ) (Entered: 05/11/2007)
116 MOTION to Intervene by Intervenor James L Baxter. (Attachments: # 1 Exhibit 1 Complaint in Intervention and Jury Demand)(Schaefer, Elwyn) (Entered: 05/15/2007)

Case: 1:06-cv-1273 As of: 06/03/2017 11:45 AM MDT 15 of 59

05/17/2007 05/21/2007
06/01/2007 06/01/2007
06/04/2007 06/14/2007 06/23/2007 06/25/2007
06/25/2007 06/27/2007 06/27/2007 06/29/2007 07/16/2007 07/17/2007 07/18/2007

117 MEMORANDUM regarding 116 MOTION to Intervene filed by James L Baxter. (Text Only Entry − No Document Attached)Motions referred to Magistrate Judge Boyd N. Boland. Referred by Judge Wiley Y. Daniel on 5/17/07. (wydcd, rrk) (Entered: 05/17/2007)
118 MINUTE ORDER re: 116 MOTION to Intervene as Party Plaintiff filed by James L Baxter; Parties shall respond to the Motion on or before 6/4/07, Set Hearings: Motion Hearing set for 6/7/2007 10:30 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. by Magistrate Judge Boyd N. Boland on 5/21/07. (erv, ) (Entered: 05/21/2007)
119 MOTION For Extension of Time to Provide Supplemental Discovery Responses by Plaintiff Equal Employment Opportunity Commission. (Kittle, Rita) (Entered: 06/01/2007)
120 MEMORANDUM regarding 119 MOTION For Extension of Time to Provide Supplemental Discovery Responses filed by Equal Employment Opportunity Commission. (Text Only Entry − No Document Attached)Motions referred to Magistrate Judge Boyd N. Boland. Referred by Judge Wiley Y. Daniel on 6/1/07. (wydcd, rrk) (Entered: 06/01/2007)
121 BRIEF in Opposition re 116 MOTION to Intervene of James Baxter as Party Plaintiff filed by Defendant Albertson's LLC. (Gartner, Lawrence) (Entered: 06/04/2007)
122 BRIEF in Opposition re 116 MOTION to Intervene filed by Intervenor James L Baxter. (Schaefer, Elwyn) (Entered: 06/14/2007)
123 Stipulated MOTION for Protective Order by Defendants Albertson's LLC, Albertson's Inc., Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order (PDF Only))(Kittle, Rita) (Entered: 06/23/2007)
124 MEMORANDUM regarding 123 Stipulated MOTION for Protective Order filed by Albertson's Inc., Albertson's LLC, Equal Employment Opportunity Commission. (Text Only Entry − No Document Attached)Motions referred to Magistrate Judge Boyd N. Boland. Referred by Judge Wiley Y. Daniel on 6/25/07. (wydcd, rrk) (Entered: 06/25/2007)
125 STIPULATION AND PROTECTIVE ORDER re: The Use and Dissemination of Confidential Information. Signed by Magistrate Judge Boyd N. Boland on 6/25/07. (erv, ) (Entered: 06/25/2007)
126 MOTION to Intervene as Parties Plaintiffs by Intervenor Parties Christopher Adams, James Steadham. (Attachments: # 1 Exhibit 1)(Martinez, William) (Entered: 06/27/2007)
127 MEMORANDUM regarding 126 MOTION to Intervene as Parties Plaintiffs filed by James Steadham, Christopher Adams. (Text Only Entry − No Document Attached)Motions referred to Magistrate Judge Boyd N. Boland. Referred by Judge Wiley Y. Daniel on 6/27/07. (wydcd, rrk) (Entered: 06/27/2007)
128 MINUTE ORDER re: 126 MOTION to Intervene as Parties Plaintiffs filed by James Steadham, Christopher Adams; IT IS ORDERED that the parties shall respond to the Motion on or before July 16, 2007. by Magistrate Judge Boyd N. Boland on 6/28/07. (erv, ) (Entered: 06/29/2007)
129 BRIEF in Opposition re 126 MOTION to Intervene as Parties Plaintiffs of Christopher Adams and James Steadham filed by Defendant Albertson's LLC. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B)(Gartner, Lawrence) (Entered: 07/16/2007)
130 Unopposed MOTION for Leave to File Reply Brief in Support of Motion to Intervene as Party Plaintiffs by Intervenor Parties Christopher Adams, James Steadham. (Martinez, William) (Entered: 07/17/2007)
131 MEMORANDUM regarding 130 Unopposed MOTION for Leave to File Reply Brief in Support of Motion to Intervene as Party Plaintiffs filed by James Steadham, Christopher Adams. (Text Only Entry − No Document Attached)Motions referred to Magistrate Judge Boyd N. Boland. Referred by Judge

Case: 1:06-cv-1273 As of: 06/03/2017 11:45 AM MDT 16 of 59

07/18/2007 07/25/2007 07/25/2007 07/26/2007
07/26/2007 07/26/2007 07/28/2007 07/30/2007 07/30/2007 07/30/2007
07/31/2007

Wiley Y. Daniel on 7/18/07. (wydcd, rrk) (Entered: 07/18/2007)
132 MINUTE ORDER granting 130 Unopposed Motion for Leave to file Reply Brief in Support of their Motion to Intervene as Party Plas. Applicants may file a Reply Brief on or before 7/26/07 by Magistrate Judge Boyd N. Boland on 7/18/07.(erv, ) (Entered: 07/18/2007)
133 MOTION to Stay Or, In the Alternative, Motion to Allow Counsel for Prospective Interveners to Fully Participate in Remaining Depositions by Intervenor Parties James L Baxter, Christopher Adams, James Steadham. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6)(Kershner, Andrea) (Entered: 07/25/2007)
134 MEMORANDUM regarding 133 MOTION to Stay Or, In the Alternative, Motion to Allow Counsel for Prospective Interveners to Fully Participate in Remaining Depositions filed by James Steadham, Christopher Adams, James L Baxter. (Text Only Entry − No Document Attached)Motions referred to Magistrate Judge Boyd N. Boland, by Judge Wiley Y. Daniel on 7/25/07. (erv, ) (Entered: 07/26/2007)
135 BRIEF in Opposition re 133 MOTION to Stay Or, In the Alternative, Motion to Allow Counsel for Prospective Interveners to Fully Participate in Remaining Depositions And Motion Of Albertson's LLC To Exlude Intervenor Applicants' Counsel from Depositions of Persons Other Than Their Individual Clients filed by Defendant Albertson's LLC. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit)(Gusha, Stefanie) (Entered: 07/26/2007)
136 REPLY to Response to Motion re 126 MOTION to Intervene as Parties Plaintiffs filed by Intervenor Parties Christopher Adams, James Steadham. (Attachments: # 1 Exhibit 1)(Martinez, William) (Entered: 07/26/2007)
137 BRIEF in Support re 126 MOTION to Intervene as Parties Plaintiffs, 116 MOTION to Intervene filed by Plaintiff Equal Employment Opportunity Commission. (Kittle, Rita) (Entered: 07/26/2007)
138 REPLY to Response to Motion re 133 MOTION to Stay Or, In the Alternative, Motion to Allow Counsel for Prospective Interveners to Fully Participate in Remaining Depositions filed by Intervenor Parties James L Baxter, Christopher Adams, James Steadham. (Attachments: # 1 Exhibit 7)(Kershner, Andrea) (Entered: 07/28/2007)
139 Docket Annotation re: 135 Brief in Opposition to Motion, This was an incorrect filing and is to be refiled as a Response in Opposition to a Motion and a separate filing of the Motion to Stay or Allow Csl to participate in Remaining Depositions by Intervenor Parties. Text only entry − no document attached. (erv, ) (Entered: 07/30/2007)
140 BRIEF in Opposition re 133 MOTION to Stay Or, In the Alternative, Motion to Allow Counsel for Prospective Interveners to Fully Participate in Remaining Depositions filed by Defendant Albertson's LLC. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 # 6)(Gusha, Stefanie) (Entered: 07/30/2007)
141 Emergency MOTION to Exclude Counsel for Applicants for Intervention James Baxter, Christopher Adams and James Steadham from Depositions Other than Applicants for Intervention's Own Depositions and to Compel the Attendance of James Baxter at the Resumption of His Deposition on August 7, 2007 by Defendant Albertson's LLC. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8)(Gusha, Stefanie) (Entered: 07/30/2007)
142 MEMORANDUM regarding 141 Emergency MOTION to Exclude Counsel for Applicants for Intervention James Baxter, Christopher Adams and James Steadham from Depositions Other than Applicants for Intervention's Own Depositions and to Compel the Attendance of James Baxter at the filed by Albertson's LLC. (Text Only Entry − No Document Attached)Motions referred to Magistrate Judge Boyd N. Boland. Referred by Judge Wiley Y. Daniel on 7/31/07. (wydcd, rrk) (Entered: 07/31/2007)

Case: 1:06-cv-1273 As of: 06/03/2017 11:45 AM MDT 17 of 59

07/31/2007 08/01/2007 08/01/2007 08/01/2007 08/01/2007 08/01/2007
08/03/2007
08/14/2007 08/15/2007
08/17/2007 08/17/2007
08/17/2007

143 MOTION to for an Order Permitting Albertson's LLC to Conduct Four Additional Depositions and Request to Hear Motion on an Expedited Basis by Defendant Albertson's LLC. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Gusha, Stefanie) (Entered: 07/31/2007)
144 MEMORANDUM regarding 143 MOTION to for an Order Permitting Albertson's LLC to Conduct Four Additional Depositions and Request to Hear Motion on an Expedited Basis filed by Albertson's LLC. (Text Only Entry − No Document Attached)Motions referred to Magistrate Judge Boyd N. Boland. Referred by Judge Wiley Y. Daniel on 8/1/07. (wydcd, rrk) (Entered: 08/01/2007)
145 MOTION to Amend/Correct/Modify 49 Scheduling Order, Set Scheduling Order Deadlines,, by Intervenor Parties James L Baxter, Christopher Adams, James Steadham. (Martinez, William) (Entered: 08/01/2007)
146 MEMORANDUM regarding 145 MOTION to Amend/Correct/Modify 49 Scheduling Order, Set Scheduling Order Deadlines,, filed by James Steadham, Christopher Adams, James L Baxter. (Text Only Entry − No Document Attached)Motions referred to Magistrate Judge Boyd N. Boland. Referred by Magistrate Judge Boyd N. Boland on 8/1/07. (wydcd, rrk) (Entered: 08/01/2007)
147 MOTION for Protective Order Relieving Defendant Albertson's LLC from Its Obligation to Appear for Deposition on August 2, 2007 due to the Unavailability of All Witnesses and Counsel by Defendant Albertson's LLC. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3)(Gusha, Stefanie) (Entered: 08/01/2007)
148 MEMORANDUM regarding 147 MOTION for Protective Order Relieving Defendant Albertson's LLC from Its Obligation to Appear for Deposition on August 2, 2007 due to the Unavailability of All Witnesses and Counsel filed by Albertson's LLC. (Text Only Entry − No Document Attached)Motions referred to Magistrate Judge Boyd N. Boland. Referred by Judge Wiley Y. Daniel on 8/1/07. (wydcd, rrk) (Entered: 08/01/2007)
149 RESPONSE to Motion re 141 Emergency MOTION to Exclude Counsel for Applicants for Intervention James Baxter, Christopher Adams and James Steadham from Depositions Other than Applicants for Intervention's Own Depositions and to Compel the Attendance of James Baxter at the filed by Intervenor Parties James L Baxter, Christopher Adams, James Steadham. (Attachments: # 1 Affidavit of James Baxter)(Kershner, Andrea) (Entered: 08/03/2007)
150 MOTION for Protective Order In Support of Its Confidential Designation Pursuant to the Protective Order Regarding the Use and Dissemination of Confidential Information by Defendant Albertson's LLC. (Attachments: # 1 Exhibit Declaration of Chris Gomez# 2 Exhibit # 3 Exhibit)(Gusha, Stefanie) (Entered: 08/14/2007)
151 MEMORANDUM regarding 150 MOTION for Protective Order In Support of Its Confidential Designation Pursuant to the Protective Order Regarding the Use and Dissemination of Confidential Information filed by Albertson's LLC. (Text Only Entry − No Document Attached)Motions referred to Magistrate Judge Boyd N. Boland. Referred by Judge Wiley Y. Daniel on 8/15/07. (wydcd, rrk) (Entered: 08/15/2007)
152 MOTION for Leave to CONDUCT DEPOSITION OF PRISONER JAMES HARTLEY ON SEPTEMBER 10, 2007 AT DOUGLAS COUNTY JAIL by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order (PDF Only))(Kittle, Rita) (Entered: 08/17/2007)
153 MEMORANDUM regarding 152 MOTION for Leave to CONDUCT DEPOSITION OF PRISONER JAMES HARTLEY ON SEPTEMBER 10, 2007 AT DOUGLAS COUNTY JAIL filed by Equal Employment Opportunity Commission. (Text Only Entry − No Document Attached)Motions referred to Magistrate Judge Wiley Y. Daniel. Referred by Judge Wiley Y. Daniel on 8/17/07. (wydcd, rrk) (Entered: 08/17/2007)
154 REPLY to Response to Motion re 141 Emergency MOTION to Exclude Counsel for Applicants for Intervention James Baxter, Christopher Adams and James Steadham from Depositions Other than Applicants for Intervention's Own Depositions and to Compel the Attendance of James Baxter at the Resumption of

Case: 1:06-cv-1273 As of: 06/03/2017 11:45 AM MDT 18 of 59

08/20/2007 08/20/2007 08/21/2007
08/21/2007 08/21/2007 08/21/2007 08/21/2007 08/21/2007
08/23/2007
08/26/2007

His Deposition on August 7, 2007 filed by Defendant Albertson's LLC. (Gartner, Lawrence) (Entered: 08/17/2007)
155 MEMORANDUM regarding 152 MOTION for Leave to CONDUCT DEPOSITION OF PRISONER JAMES HARTLEY ON SEPTEMBER 10, 2007 AT DOUGLAS COUNTY JAIL filed by Equal Employment Opportunity Commission. (Text Only Entry − No Document Attached)Motions referred to Magistrate Judge Boyd N. Boland. Referred by Judge Wiley Y. Daniel on 8/20/07. (wydcd, rrk) (Entered: 08/20/2007)
156 MOTION for Protective Order Pursuant to Federal Rules of Civil Procedure 26(c)(1)(2) Relieving Albertson's LLC from Its Obligation to Produce Witnesses for Matter Nos. 9 and 17 in Notice of Deposition of Albertson's LLC by Defendant Albertson's LLC. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3)(Gusha, Stefanie) (Entered: 08/20/2007)
157 MEMORANDUM regarding 156 MOTION for Protective Order Pursuant to Federal Rules of Civil Procedure 26(c)(1)(2) Relieving Albertson's LLC from Its Obligation to Produce Witnesses for Matter Nos. 9 and 17 in Notice of Deposition of Albertson's LLC MOTION for Protective Order Pursuant to Federal Rules of Civil Procedure 26(c)(1)(2) Relieving Albertson's LLC from Its Obligation to Produce Witnesses for Matter Nos. 9 and 17 in Notice of Deposition of Albertson's LLC filed by Albertson's LLC. (Text Only Entry − No Document Attached)Motions referred to Magistrate Judge Boyd N. Boland. Referred by Judge Wiley Y. Daniel on 8/21/07. (wydcd, rrk) (Entered: 08/21/2007)
158 ORDER granting 143 Dft Albertson's LLC's Motion for an Order Permitting Albertsons LLC to Conduct Four Additional Depositions and Request to Hear Motion on an Expedited Basis. Albertson's is granted leave to conduct the 14 depositions specified in footnote 3 of the Motion. Signed by Magistrate Judge Boyd N. Boland on 8/21/07.(erv, ) (Entered: 08/21/2007)
159 ORDER denying as premature 145 Motion of Applicants for Intervention to Amend Scheduling Order to Increase Limits on Written Discovery In the Event Their Motions to Intervene. Signed by Magistrate Judge Boyd N. Boland on 8/21/07.(erv, ) (Entered: 08/21/2007)
160 ORDER denying 119 Motion for Extension of Time. Signed by Magistrate Judge Boyd N. Boland on 8/21/07.(erv, ) (Entered: 08/21/2007)
161 ORDER granting 152 EEOC's Motion for Leave to Conduct Deposition of Prisoner James Hartley on September 10, 2007, at Douglas County Jail. Signed by Magistrate Judge Boyd N. Boland on 8/21/07.(erv, ) (Entered: 08/21/2007)
162 MINUTE ORDER re: 135 Opposition of Albertson's LLC to Motion to Stay; Or, Inthe Alternative, Motion to Allow Counsel for Prospective Intervenors to Fully Participate In Remaining Depositions, and Motion of Albertson's LLC to Exclude Counsel for James Baxter, Christopher Adams and James Steadham from Depositions of Persons Other Than Their Individual Clients is STRICKEN for failure to comply with D.C.COLO.LCivR 7.1C. DATED: August 21, 2007, by Magistrate Judge Boyd N. Boland on 8/21/07. (erv, ) (Entered: 08/21/2007)
163 MINUTE ORDER re: 147 Dft Albertson's LLC's MOTION for Protective Order Relieving Defendant Albertson's LLC from Its Obligation to Appear for Deposition on August 2, 2007 due to the Unavailability of All Witnesses and Counsel filed by Albertson's LLC, and 156 Dft Albertson's LLC's MOTION for Protective Order Pursuant to Federal Rules of Civil Procedure 26(c)(1)(2) Relieving Albertson's LLC from Its Obligation to Produce Witnesses for Matter Nos. 9 and 17 in Notice of Deposition of Albertson's LLC; Set Hearings: Motion Hearing set for 10/3/2007 08:30 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. by Magistrate Judge Boyd N. Boland on 8/23/07. (erv, ) (Entered: 08/24/2007)
164 RESPONSE to Motion re 147 MOTION for Protective Order Relieving Defendant Albertson's LLC from Its Obligation to Appear for Deposition on August 2, 2007 due to the Unavailability of All Witnesses and Counsel filed by Plaintiff Equal Employment Opportunity Commission. (Kittle, Rita) (Entered: 08/26/2007)

Case: 1:06-cv-1273 As of: 06/03/2017 11:45 AM MDT 19 of 59

08/30/2007 08/31/2007 08/31/2007 08/31/2007 08/31/2007
08/31/2007
09/03/2007 09/04/2007 09/04/2007 09/06/2007 09/06/2007 09/06/2007
09/07/2007

165 MOTION For Extension of Time to Respond to Discovery Requests by Plaintiff Equal Employment Opportunity Commission. (Kittle, Rita) (Entered: 08/30/2007)
166 MOTION to Intervene as Party Plaintiff by Applicant by Intervenor Luis Solis Gonzalez. (Attachments: # 1 Deposition Excerpts 1)(Martinez, William) (Entered: 08/31/2007)
167 MEMORANDUM regarding 165 MOTION For Extension of Time to Respond to Discovery Requests filed by Equal Employment Opportunity Commission. (Text Only Entry − No Document Attached)Motions referred to Magistrate Judge Boyd N. Boland by Judge Wiley Y. Daniel on 8/31/07. (erv, ) (Entered: 08/31/2007)
168 MEMORANDUM regarding 166 MOTION to Intervene as Party Plaintiff by Applicant filed by Luis Solis Gonzalez. (Text Only Entry − No Document Attached)Motions referred to Magistrate Judge Boyd N. Boland, by Judge Wiley Y. Daniel on 8/31/07. (erv, ) (Entered: 08/31/2007)
169 Emergency MOTION for Order to Compel the Mental Examination and Psychological Testing of James L. Baxter, Robert Patrick Ruiz, and David Robert Lopez Under Federal Rule of Civil Procedure 35 by Defendant Albertson's LLC. (Attachments: # 1 Affidavit Declaration of Dr. William Hansen# 2 Exhibit A# 3 Affidavit Declaration of Kimberly M. Talley# 4 Exhibit 1# 5 Exhibit 2# 6 Exhibit 3# 7 Exhibit 4# 8 Exhibit 5# 9 Exhibit 6# 10 Exhibit 7# 11 Exhibit 8)(Talley, Kimberly) (Entered: 08/31/2007)
170 MEMORANDUM regarding 169 Emergency MOTION for Order to Compel the Mental Examination and Psychological Testing of James L. Baxter, Robert Patrick Ruiz, and David Robert Lopez Under Federal Rule of Civil Procedure 35 filed by Albertson's LLC. (Text Only Entry − No Document Attached)Motions referred to Magistrate Judge Boyd N. Boland. Referred by Judge Wiley Y. Daniel on 8/31/07. (wydcd, rrk) (Entered: 08/31/2007)
171 MOTION for Protective Order to Prevent Depositions of Dr. Robert Atwell, William Slater, and Dawn Weber by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8)(Kittle, Rita) (Entered: 09/03/2007)
172 MEMORANDUM regarding 171 MOTION for Protective Order to Prevent Depositions of Dr. Robert Atwell, William Slater, and Dawn Weber filed by Equal Employment Opportunity Commission. (Text Only Entry − No Document Attached)Motions referred to Magistrate Judge Boyd N. Boland. Referred by Judge Wiley Y. Daniel on 9/4/07. (wydcd, rrk) (Entered: 09/04/2007)
173 RESPONSE to Motion re 150 MOTION for Protective Order In Support of Its Confidential Designation Pursuant to the Protective Order Regarding the Use and Dissemination of Confidential Information filed by Plaintiff Equal Employment Opportunity Commission. (Kittle, Rita) (Entered: 09/04/2007)
174 MOTION to Withdraw as Attorney by Plaintiff Equal Employment Opportunity Commission. (Kittle, Rita) (Entered: 09/06/2007)
175 MEMORANDUM regarding 174 MOTION to Withdraw as Attorney filed by Equal Employment Opportunity Commission. (Text Only Entry − No Document Attached)Motions referred to Magistrate Judge Boyd N. Boland. Referred by Judge Wiley Y. Daniel on 9/6/07. (wydcd, rrk) (Entered: 09/06/2007)
176 MOTION to Amend/Correct/Modify 49 Scheduling Order, Set Scheduling Order Deadlines,, NECESSITATED BY DEFENDANTS MOTION FOR PROTECTIVE ORDER [Dkt #147], MOTION for Leave to CONDUCT CERTAIN DEPOSITIONS AFTER DISCOVERY CUTOFF by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order (PDF Only))(Kittle, Rita) (Entered: 09/06/2007)
177 Minute ORDER granting 174 Motion to Withdraw as Attorney. Attorney Kim Rene Rogers withdrawn from representation of plaintiff, by Magistrate Judge Boyd N. Boland on 9/7/07.(gms, ) (Entered: 09/07/2007)

Case: 1:06-cv-1273 As of: 06/03/2017 11:45 AM MDT 20 of 59

09/07/2007
09/09/2007 09/09/2007 09/10/2007
09/10/2007
09/10/2007 09/11/2007 09/12/2007 09/14/2007 09/14/2007 09/17/2007

178 MEMORANDUM regarding 176 MOTION to Amend/Correct/Modify 49 Scheduling Order, Set Scheduling Order Deadlines,, NECESSITATED BY DEFENDANTS MOTION FOR PROTECTIVE ORDER [Dkt #147] MOTION for Leave to CONDUCT CERTAIN DEPOSITIONS AFTER DISCOVERY CUTOFF MOTION to Amend/Correct/Modify 49 Scheduling Order, Set Scheduling Order Deadlines,, NECESSITATED BY DEFENDANTS MOTION FOR PROTECTIVE ORDER [Dkt #147] filed by Equal Employment Opportunity Commission. (Text Only Entry − No Document Attached)Motions referred to Magistrate Judge Boyd N. Boland. Referred by Judge Wiley Y. Daniel on 9/7/07. (wydcd, rrk) (Entered: 09/07/2007)
179 MOTION for Protective Order to prevent deposition of Nate Valentine on September 10, 2007 by Plaintiff Equal Employment Opportunity Commission. (Palma, Lynn) (Entered: 09/09/2007)
180 MOTION to Quash The Non−Party Supoena Duces Tecum Served Upon Wackenhut Corporation by Defendant Albertson's LLC. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit)(Gusha, Stefanie) (Entered: 09/09/2007)
181 MEMORANDUM regarding 179 MOTION for Protective Order to prevent deposition of Nate Valentine on September 10, 2007 filed by Equal Employment Opportunity Commission, 180 MOTION to Quash The Non−Party Supoena Duces Tecum Served Upon Wackenhut Corporation filed by Albertson's LLC. (Text Only Entry − No Document Attached)Motions referred to Magistrate Judge Boyd N. Boland. Referred by Judge Wiley Y. Daniel on 9/10/07. (wydcd, rrk) (Entered: 09/10/2007)
182 RESPONSE to Motion re 156 MOTION for Protective Order Pursuant to Federal Rules of Civil Procedure 26(c)(1)(2) Relieving Albertson's LLC from Its Obligation to Produce Witnesses for Matter Nos. 9 and 17 in Notice of Deposition of Albertson's LLC MOTION for Protective Order Pursuant to Federal Rules of Civil Procedure 26(c)(1)(2) Relieving Albertson's LLC from Its Obligation to Produce Witnesses for Matter Nos. 9 and 17 in Notice of Deposition of Albertson's LLC filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A)(Kittle, Rita) (Entered: 09/10/2007)
183 MOTION for Leave to Conduct Certain Depositions After the Presently Scheduled Discovery Cut−Off and To Set Deposition Schedule by Defendant Albertson's LLC. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8)(Gusha, Stefanie) (Entered: 09/10/2007)
184 MEMORANDUM regarding 183 MOTION for Leave to Conduct Certain Depositions After the Presently Scheduled Discovery Cut−Off and To Set Deposition Schedule filed by Albertson's LLC. (Text Only Entry − No Document Attached)Motions referred to Magistrate Judge Boyd N. Boland. Referred by Judge Wiley Y. Daniel on 9/11/07. (wydcd, rrk) (Entered: 09/11/2007)
185 ERRATA re 183 MOTION for Leave to Conduct Certain Depositions After the Presently Scheduled Discovery Cut−Off and To Set Deposition Schedule filed by Defendant Albertson's LLC. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Gusha, Stefanie) (Entered: 09/12/2007)
186 CERTIFICATE of Mailing/Service Re: Defendant Albertson's LLC's Motion Pursuant to F.R.C.P. 16 and 26 for an Order for Leave to Conduct Certain Depositions After the Presently Scheduled Discovery Cut−Off and to Set Deposition Schedule by Defendant Albertson's LLC. (Gusha, Stefanie) (Entered: 09/14/2007)
187 CERTIFICATE of Mailing/Service re 180 MOTION to Quash The Non−Party Supoena Duces Tecum Served Upon Wackenhut Corporation Pursuant to FRCP45(c)(3) and 26(c) by Defendant Albertson's LLC. (Gusha, Stefanie) (Entered: 09/14/2007)
188 Docket Annotation re: 186 Certificate of Mailing/Service, This was a docketing error and it has been refiled. See Docket Number 187 for corrected filing. Text only entry − no document attached. (erv, ) (Entered: 09/17/2007)

Case: 1:06-cv-1273 As of: 06/03/2017 11:45 AM MDT 21 of 59

09/17/2007 09/17/2007 09/18/2007 09/19/2007 09/20/2007 09/20/2007 09/20/2007 09/21/2007 09/26/2007
09/27/2007
09/28/2007 09/28/2007

189 MOTION to Intervene as Party Plaintiff by Applicant Nate Valentine by Intervenor Nate Valentine. (Attachments: # 1 Exhibit 1)(Martinez, William) (Entered: 09/17/2007)
190 MEMORANDUM regarding 189 MOTION to Intervene as Party Plaintiff by Applicant Nate Valentine filed by Nate Valentine. (Text Only Entry − No Document Attached)Motions referred to Magistrate Judge Boyd N. Boland. Referred by Judge Wiley Y. Daniel on 9/17/07. (wydcd, rrk) (Entered: 09/17/2007)
191 REPLY to Response to Motion re 150 MOTION for Protective Order In Support of Its Confidential Designation Pursuant to the Protective Order Regarding the Use and Dissemination of Confidential Information filed by Defendant Albertson's LLC. (Gusha, Stefanie) (Entered: 09/18/2007)
192 RESPONSE to Motion re 165 MOTION For Extension of Time to Respond to Discovery Requests filed by Defendant Albertson's LLC. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10)(Gusha, Stefanie) (Entered: 09/19/2007)
193 BRIEF in Opposition re 166 MOTION to Intervene as Party Plaintiff by Applicant in Intervention Luis Solis Gonzales filed by Defendant Albertson's LLC. (Gartner, Lawrence) (Entered: 09/20/2007)
194 Joint MOTION For Extension of Time to Respond to Dk# 169 by Applicant−Intervenor James Baxter and by Plaintiff Equal Employment Opportunity Commission. (Palma, Lynn) (Entered: 09/20/2007)
195 MEMORANDUM regarding 194 Joint MOTION For Extension of Time to Respond to Dk# 169 by Applicant−Intervenor James Baxter and filed by Equal Employment Opportunity Commission. (Text Only Entry − No Document Attached)Motions referred to Magistrate Judge Boyd N. Boland. Referred by Judge Wiley Y. Daniel on 9/20/07. (wydcd, rrk) (Entered: 09/20/2007)
196 MINUTE ORDER granting 194 Motion for Extension of Time plaintiff and applicant−intervenor James Baxter shall respond to the Motion for Entry of an Order Pursuant to Fed.R.Civ. Pro Rule 35 for Mental Examinations of Three Class Members 169 on or before September 28, 2007. by Magistrate Judge Boyd N. Boland on 9/21/07.(erv, ) (Entered: 09/21/2007)
197 BRIEF in Opposition re 171 MOTION for Protective Order to Prevent Depositions of Dr. Robert Atwell, William Slater, and Dawn Weber and Declaration of Kimberly M. Talley in Support of Defendant's Opposition to Motion for Entrh of Protective Order to Prevent the Depositions of Robert Atwell, William Slater and Dawn Weber filed by Defendant Albertson's LLC. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Affidavit Declaration of Kimberly M. Talley# 4 Exhibit 1# 5 Exhibit 2# 6 Exhibit 3# 7 Exhibit 4# 8 Exhibit 5# 9 Exhibit 6# 10 Exhibit 7# 11 Exhibit 8# 12 Exhibit 9# 13 Exhibit 10# 14 Exhibit 11# 15 Exhibit 12)(Talley, Kimberly) (Entered: 09/26/2007)
198 REPLY to Response to Motion re 156 MOTION for Protective Order Pursuant to Federal Rules of Civil Procedure 26(c)(1)(2) Relieving Albertson's LLC from Its Obligation to Produce Witnesses for Matter Nos. 9 and 17 in Notice of Deposition of Albertson's LLC MOTION for Protective Order Pursuant to Federal Rules of Civil Procedure 26(c)(1)(2) Relieving Albertson's LLC from Its Obligation to Produce Witnesses for Matter Nos. 9 and 17 in Notice of Deposition of Albertson's LLC filed by Defendant Albertson's LLC. (Talley, Kimberly) (Entered: 09/27/2007)
199 TRANSCRIPT of Motions Hearing held on 1−16−07 before Magistrate Judge Boland. Pages: 1−34. Per statute, copies of transcripts are available for inspection in the clerk's office. Parties interested in a copy may contact the court reporter or, in the case of a transcript prepared from a digital−audio taped record, the courtroom deputy for the judicial officer. (Avery Woods Reporting, ) (Entered: 09/28/2007)
200 Unopposed MOTION For Extension of Time to file Response to Dk# 169 by Applicant−Intervenor Baxter and by Plaintiff Equal Employment Opportunity Commission. (Palma, Lynn) (Entered: 09/28/2007)

Case: 1:06-cv-1273 As of: 06/03/2017 11:45 AM MDT 22 of 59

09/28/2007 10/01/2007 10/01/2007
10/01/2007 10/01/2007
10/01/2007
10/01/2007 10/02/2007 10/03/2007 10/03/2007
10/03/2007

201 MEMORANDUM regarding 200 Unopposed MOTION For Extension of Time to file Response to Dk# 169 by Applicant−Intervenor Baxter and filed by Equal Employment Opportunity Commission. (Text Only Entry − No Document Attached)Motions referred to Magistrate Judge Boyd N. Boland. Referred by Judge Wiley Y. Daniel on 9/28/07. (wydcd, rrk) (Entered: 09/28/2007)
202 BRIEF in Opposition re 179 MOTION for Protective Order to prevent deposition of Nate Valentine on September 10, 2007 filed by Defendant Albertson's LLC. (Gusha, Stefanie) (Entered: 10/01/2007)
203 MINUTE ORDER granting 200 Unopposed Motion for a One Business DayExtension of Time by Which the EEOC and Applicant−Intervenor James Baxter canRespond to Defendant's Application for a FRCP Rule 35 Order 169 , and 196 .IT IS ORDERED that the Motion is GRANTED and applicant−intervenor shall respond to the defendant's Application for a FRCP Rule 35 Order on or before October 1, 2007. Signed by Magistrate Judge Boyd N. Boland on 10/1/07.(erv, ) (Entered: 10/01/2007)
204 RESPONSE to Motion re 180 MOTION to Quash The Non−Party Supoena Duces Tecum Served Upon Wackenhut Corporation filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A# 2 Appendix Wind v. Aegis# 3 Appendix High Country Container)(Kittle, Rita) (Entered: 10/01/2007)
205 RESPONSE to Motion re 176 MOTION to Amend/Correct/Modify 49 Scheduling Order, Set Scheduling Order Deadlines,, NECESSITATED BY DEFENDANTS MOTION FOR PROTECTIVE ORDER [Dkt #147] MOTION for Leave to CONDUCT CERTAIN DEPOSITIONS AFTER DISCOVERY CUTOFF MOTION to Amend/Correct/Modify 49 Scheduling Order, Set Scheduling Order Deadlines,, NECESSITATED BY DEFENDANTS MOTION FOR PROTECTIVE ORDER [Dkt #147] filed by Defendant Albertson's LLC. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Gusha, Stefanie) (Entered: 10/01/2007)
206 BRIEF in Opposition re 169 Emergency MOTION for Order to Compel the Mental Examination and Psychological Testing of James L. Baxter, Robert Patrick Ruiz, and David Robert Lopez Under Federal Rule of Civil Procedure 35 by Applicant−Intervenor Baxter and filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Exhibit 1 − Atwell Disclosure# 2 Exhibit Exhibit 2 Atwell 1st Supp# 3 Exhibit Exhibit 3 Atwell 2nd Supp# 4 Exhibit Exhibit 4 Hansen Disclosure# 5 Exhibit Exhibit 5 Hansen Declaration# 6 Exhibit Exhibit 6a Palma e−mail Talley# 7 Exhibit Exhibit 6b Kershner email to Talley)(Palma, Lynn) (Entered: 10/01/2007)
207 RESPONSE to Motion re 183 MOTION for Leave to Conduct Certain Depositions After the Presently Scheduled Discovery Cut−Off and To Set Deposition Schedule filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit E−mails re Scheduling)(Palma, Lynn) (Entered: 10/01/2007)
208 MOTION to Compel PRODUCTION OF INSURANCE POLICY AS REQUIRED UNDER FED.R.CIV.P. 26(a)(1)(D) by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A)(Kittle, Rita) (Entered: 10/02/2007)
209 MEMORANDUM regarding 208 MOTION to Compel PRODUCTION OF INSURANCE POLICY AS REQUIRED UNDER FED.R.CIV.P. 26(a)(1)(D) filed by Equal Employment Opportunity Commission. (Text Only Entry − No Document Attached)Motions referred to Magistrate Judge Boyd N. Boland. Referred by Judge Wiley Y. Daniel on 10/3/07. (wydcd, rrk) (Entered: 10/03/2007)
210 ORDER denying 141 Emergency Motion to Exclude Csl for Applicants for Intervvention; denying 147 Albertson LLC's First Motion for Protective Order; denying 150 Dfts Albertson LLC's Motion for Protective Order; denying 156 Dft Albertson LLC's Motion for Protective Order; denying 169 Emergency Motion for Order to Compel; denying 180 Albertson's Motion to Quash; denying 183 Motion for Leave. Signed by Magistrate Judge Boyd N. Boland on 10/3/07.(erv, ) (Entered: 10/03/2007)
211 Minute Entry for proceedings held before Magistrate Judge Boyd N. Boland : Motion Hearing held on 10/3/2007. (Court Reporter FTR Ellen Miller.) (erv, ) (Entered: 10/04/2007)

Case: 1:06-cv-1273 As of: 06/03/2017 11:45 AM MDT 23 of 59

10/04/2007 10/04/2007
10/04/2007 10/04/2007 10/05/2007
10/05/2007
10/08/2007 10/09/2007
10/09/2007 10/09/2007 10/10/2007
10/10/2007 10/10/2007

212 Unopposed MOTION For Extension of Time to File Reply Brief in Support of Motion for Leave to Intervene as Party Plaintiff by Intervenor Luis Solis Gonzalez. (Martinez, William) (Entered: 10/04/2007)
213 MEMORANDUM regarding 212 Unopposed MOTION For Extension of Time to File Reply Brief in Support of Motion for Leave to Intervene as Party Plaintiff filed by Luis Solis Gonzalez. (Text Only Entry − No Document Attached)Motions referred to Magistrate Judge Boyd N. Boland. Referred by Judge Wiley Y. Daniel on 10/4/07. (wydcd, rrk) (Entered: 10/04/2007)
214 NOTICE of Withdrawal of Motion Dk.# 208 by Plaintiff Equal Employment Opportunity Commission (Palma, Lynn) (Entered: 10/04/2007)
215 MOTION for Leave to File Excess Pages by Defendant Albertson's LLC. (Attachments: # 1 Proposed Order (PDF Only) To Extend Page Limit)(Talley, Kimberly) (Entered: 10/04/2007)
216 TRANSCRIPT of Motions Hearing held on 10−3−07 before Magistrate Judge Boland. Pages: 1−8. Per statute, copies of transcripts are available for inspection in the clerk's office. Parties interested in a copy may contact the court reporter or, in the case of a transcript prepared from a digital−audio taped record, the courtroom deputy for the judicial officer. (Avery Woods Reporting, ) (Entered: 10/05/2007)
217 MINUTE ORDER granting 212 Applicant Solis Gonzalez' Unopposed Motion for Extension of Time Within Which to File Reply in Support of his Motion forLeave to Intervene as Party Plaintiff, and applicant Solis Gonzalez shall filereply in support of his motion for leave to intervene as party plaintiff on or before October 8, 2007. by Magistrate Judge Boyd N. Boland on 10/5/07.(erv, ) (Entered: 10/05/2007)
218 REPLY to Response to Motion re 166 MOTION to Intervene as Party Plaintiff by Applicant filed by Intervenor Luis Solis Gonzalez. (Attachments: # 1 Exhibit 1)(Martinez, William) (Entered: 10/08/2007)
219 MINUTE ORDER granting 215 Motion for Leave to File Excess Pages. Defendant Albertson's may file an opening brief in support of its motion for summary judgment in excess of the 15−page limit. The brief shall be limited to 25pages, exclusive of the statement of undisputed facts. by Judge Wiley Y. Daniel on 10/9/07.(erv, ) (Entered: 10/09/2007)
220 BRIEF in Opposition re 189 MOTION to Intervene as Party Plaintiff by Applicant Nate Valentine filed by Defendant Albertson's LLC. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6)(Talley, Kimberly) (Entered: 10/09/2007)
221 MOTION For Extension of Time to file Rule 56 Motions and for an Extention of the Page Length by Plaintiff Equal Employment Opportunity Commission. (Palma, Lynn) (Entered: 10/09/2007)
222 MINUTE ORDER granting 221 Pla's Motion for Extension of Time to File Motion for Partial Summary Judgment and to Extend the Page Limits of a Summary Judgment Brief. Plaintiff has up to and including October 17, 2007, to file itsMotion for Partial Summary Judgment Motion. Plaintiff is also granted a ten−pageextension of the page limitation. by Judge Wiley Y. Daniel on 10/10/07.(erv, ) (Entered: 10/10/2007)
223 MOTION for Summary Judgment (WITHDRAWN) by Defendant Albertson's LLC. (Gartner, Lawrence) (Modified on 2/28/2008 thei was withdrawn 12//13/07 by Minute Order 297 )(erv, ). (Entered: 10/10/2007)
224 BRIEF in Support re 223 MOTION for Summary Judgment filed by Defendant Albertson's LLC. (Attachments: # 1 Affidavit A−1# 2 Exhibit A−2# 3 Exhibit A−3# 4 Deposition Excerpts A−4# 5 Affidavit A−5# 6 Exhibit A−6# 7 Exhibit A−7# 8 Exhibit A−8# 9 Exhibit A−9# 10 Exhibit A−10# 11 Exhibit A−11# 12 Exhibit A−12# 13 Exhibit A−13# 14 Affidavit A−14# 15 Affidavit A−15# 16 Exhibit A−16# 17 Exhibit A−17# 18 Exhibit A−18# 19 Affidavit A−19# 20 Exhibit A−20# 21 Deposition Excerpts A−21# 22 Deposition Excerpts A−22# 23 Deposition Excerpts A−23# 24 Deposition Excerpts A−24# 25 Deposition Excerpts

Case: 1:06-cv-1273 As of: 06/03/2017 11:45 AM MDT 24 of 59

10/11/2007 10/12/2007 10/17/2007 10/17/2007 10/18/2007 10/18/2007
10/18/2007 10/18/2007 10/19/2007 10/21/2007

A−25# 26 Deposition Excerpts A−26# 27 Deposition Excerpts A−27# 28 Deposition Excerpts A−28# 29 Exhibit A−29# 30 Exhibit A−30# 31 Exhibit A−31# 32 Exhibit A−32# 33 Exhibit A−33)(Gartner, Lawrence) (Entered: 10/10/2007)
225 MINUTE ORDER STRIKING 224 Brief in Support of Motion for Summary Judgment, filed by Albertson's LLC, with leave to refile within ten (10) days., by Judge Wiley Y. Daniel on 10/11/07. (erv, ) (Entered: 10/11/2007)
226 NOTICE of Change of Address by Stefanie M. Gusha (Gusha, Stefanie) (Entered: 10/12/2007)
227 MOTION For Extension of Time to file Motion for Partial Summary Judgment by Plaintiff Equal Employment Opportunity Commission. (Palma, Lynn) (Entered: 10/17/2007)
228 MINUTE ORDER granting 227 Pla's Motion for a One Day Extension of Time Within Which to File its Motion for Partial Summary Judgment on Eleven Affirmative Defenses. Plaintiff has up to and including October 18, 2007, inwhich to file a Motion for Partial Summary Judgment. by Judge Wiley Y. Daniel on 10/17/07.(erv, ) (Entered: 10/17/2007)
229 NOTICE of Change of Address by Lawrence Jeffrey Gartner, Stefanie M. Gusha, Kimberly Maria Talley, Naomi Young (erv, ) (Entered: 10/18/2007)
230 MOTION for Partial Summary Judgment on Eleven Affirmative Defenses by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit C−1 061404 Ricks Charge# 2 Exhibit C−2 092904 Ricks Charge# 3 Exhibit D−1 Notice# 4 Exhibit D−2 Notice# 5 Exhibit Wood# 6 Exhibit E−2 Determination letters# 7 Exhibit F − Wood ex − letter# 8 Exhibit G Wood depo# 9 Exhibit H Wood ex# 10 Exhibit I − Wood ex# 11 Exhibit J Wood ex# 12 Exhibit K − Wood ex# 13 Exhibit L Wood ex# 14 Exhibit M − Wood ex# 15 Exhibit N − wood ex 10# 16 Exhibit O − Wood ex 11# 17 Exhibit P − wood ex 12# 18 Exhibit Q Wood ex 13# 19 Exhibit R − notice failed conciliation# 20 Exhibit S − Palma Declaration# 21 Exhibit T 102606 D 26a1 disclosures# 22 Exhibit U D discovery responses on affirmative defenses# 23 Exhibit V − 90407 Rule 7.1 letter from EEOC# 24 Exhibit W 092407 D 26e supp disclosures# 25 Exhibit X − Lobato v Ford# 26 Exhibit Y Bethel v US# 27 Exhibit Z − EEOC v Autozone)(Palma, Lynn) (Entered: 10/18/2007)
231 BRIEF in Support re 230 MOTION for Partial Summary Judgment on Eleven Affirmative Defenses filed by Plaintiff Equal Employment Opportunity Commission. (Palma, Lynn) (Entered: 10/18/2007)
232 Joint MOTION For Extension of Time to file Exhibits A and B to Dk 230 by Plaintiff Equal Employment Opportunity Commission. (Palma, Lynn) (Entered: 10/18/2007)
233 MINUTE ORDER granting 232 Joint Motion for Extension of Time to file Exhibits A and B Supporting EEOC's Motion for Partial Summary Judgment by October 24,2007.by Judge Wiley Y. Daniel on 10/18/07.(erv, ) (Entered: 10/19/2007)
234 BRIEF in Support re 223 MOTION for Summary Judgment filed by Defendant Albertson's LLC. (Attachments: # 1 Affidavit A−1, # 2 Exhibit A−2, # 3 Exhibit A−3, # 4 Deposition Excerpts A−4, # 5 Affidavit A−5, # 6 Exhibit A−6, # 7 Exhibit A−7, # 8 Exhibit A−8, # 9 Exhibit A−9, # 10 Exhibit A−10, # 11 Exhibit A−11, # 12 Exhibit A−12, # 13 Exhibit A−13, # 14 Affidavit A−14, # 15 Affidavit A−15, # 16 Exhibit A−16, # 17 Exhibit A−17, # 18 Exhibit A−18, # 19 Affidavit A−19, # 20 Exhibit A−20, # 21 Deposition Excerpts A−21, # 22 Deposition Excerpts A−22, # 23 Deposition Excerpts A−23, # 24 Deposition Excerpts A−24, # 25 Deposition Excerpts A−25, # 26 Deposition Excerpts A−26, # 27 Deposition Excerpts A−27, # 28 Deposition Excerpts A−28, # 29 Exhibit A−29, # 30 Exhibit A−30, # 31 Exhibit A−31, # 32 Exhibit A−32, # 33 Exhibit A−33)(Gartner, Lawrence) (Entered: 10/21/2007)

Case: 1:06-cv-1273 As of: 06/03/2017 11:45 AM MDT 25 of 59

10/22/2007 10/22/2007 10/22/2007
10/23/2007 10/24/2007 10/25/2007 10/26/2007 11/03/2007 11/05/2007 11/05/2007
11/05/2007 11/05/2007 11/05/2007 11/05/2007 11/05/2007

235 MOTION For Extension of Time to, MOTION for Extension of Time to File Response/Reply as to 189 MOTION to Intervene as Party Plaintiff by Applicant Nate Valentine by Intervenor Nate Valentine. (Martinez, William) (Entered: 10/22/2007)
236 NOTICE of Change of Law Firm Name and Email Address of Counsel by Intervenor Parties James L Baxter, Christopher Adams, James Steadham, Luis Solis Gonzalez, Nate Valentine (Martinez, William) (Entered: 10/22/2007)
237 MEMORANDUM regarding 235 MOTION For Extension of Time to MOTION for Extension of Time to File Response/Reply as to 189 MOTION to Intervene as Party Plaintiff by Applicant Nate Valentine filed by Nate Valentine. (Text Only Entry − No Document Attached)Motions referred to Magistrate Judge Boyd N. Boland, by Judge Wiley Y. Daniel on 10/22/07. (erv, ) (Entered: 10/22/2007)
238 MINUTE ORDER granting 235 MOTION for Extension of Time to File Reply as to 189 MOTION to Intervene as Party Plaintiff by Applicant Nate Valentine Replies due by 10/26/2007, by Magistrate Judge Boyd N. Boland on 10/23/07.(erv, ) (Entered: 10/23/2007)
239 Joint MOTION For Extension of Time to file Exhibits A and B to Dkt. 230 by Defendant Albertson's and by Plaintiff Equal Employment Opportunity Commission. (Palma, Lynn) (Entered: 10/24/2007)
240 MINUTE ORDER granting 239 Joint Motion for Extension of Time to Submit Exhibts A and B to and incl 11/5/07 by Judge Wiley Y. Daniel on 10/25/07.(erv, ) (Entered: 10/25/2007)
241 REPLY to Response to Motion re 189 MOTION to Intervene as Party Plaintiff by Applicant Nate Valentine filed by Intervenor Nate Valentine. (Martinez, William) (Entered: 10/26/2007)
242 MOTION to Strike Post−Discovery Disclosures by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Kittle, Rita) (Entered: 11/03/2007)
243 Joint MOTION to Seal Exhibits A and B Supporting EEOC's Motion Dkt 230 by Plaintiff Equal Employment Opportunity Commission. (Palma, Lynn) (Entered: 11/05/2007)
244 Joint MOTION to Seal Document A and B by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A 2001 Conciliation Agreement, # 2 Exhibit B − 1995 Partial Determination)(Palma, Lynn) (Modified on 11/5/2007 Documents have been sealed and are to be refiled)(erv, ). (Entered: 11/05/2007)
245 Docket Annotation re: 244 Joint MOTION to Seal Document A and B; This was an incorrect filing and is to be refiled as a SEALED DOCUMENT. Text only entry − no document attached (erv, ) (Entered: 11/05/2007)
246 SEALED DOCUMENT by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit B 1995 Partial Determination)(Palma, Lynn) (Entered: 11/05/2007)
247 MEMORANDUM regarding 242 MOTION to Strike Post−Discovery Disclosures filed by Equal Employment Opportunity Commission. (Text Only Entry − No Document Attached)Motions referred to Magistrate Judge Boyd N. Boland. Referred by Judge Wiley Y. Daniel on 11/5/07. (wydcd, rrk) (Entered: 11/05/2007)
248 NOTICE Of New Authority From This Court by Intervenor Parties James L Baxter, Christopher Adams, James Steadham, Luis Solis Gonzalez, Nate Valentine (Attachments: # 1 Exhibit 1)(Martinez, William) (Entered: 11/05/2007)
249 Joint MOTION for Leave to File Excess Pages by Defendant Albertson's LLC. (Attachments: # 1 Proposed Order (PDF Only) [Proposed] Order Re: Joint Motion of Defendant Albertson's LLC and Plaintiff EEOC to Extend Page Limit)(Gusha, Stefanie) (Entered: 11/05/2007)

Case: 1:06-cv-1273 As of: 06/03/2017 11:45 AM MDT 26 of 59

11/05/2007 11/06/2007
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11/26/2007

293 NOTICE of Confidential settlement agreement by Plaintiff Equal Employment Opportunity Commission (Public Entry for SEALED Document 246 , filed 11/6/07) Text Only Entry − No Document Attached (ervsl, ) (Entered: 12/11/2007)
250 MINUTE ORDER granting 249 Joint Motion for Leave to File Excess Pages. The Parties may exceed the 15−page limitation for their respective briefs in opposition to Defendant and Plaintiff's motions for summary judgment or partial summary judgment by a limitation of 25 pages (an increase of 10 pages), exclusive of the response to undisputed material facts and the statement of additional disputed facts. by Judge Wiley Y. Daniel on 11/6/07.(erv, ) (Entered: 11/06/2007)
251 Mail Returned as Undeliverable re: 210 Order on Motion to Exclude, Order on Motion for Protective Order, Order on Motion for Order, Order on Motion to Quash, Order on Motion for Leave, Addressed to Naomi Hostetler. (erv, ) (Entered: 11/08/2007)
252 First MOTION for Extension of Time to File Response/Reply as to 234 Brief in Support of Motion,,, by Plaintiff Equal Employment Opportunity Commission. (Kittle, Rita) (Entered: 11/08/2007)
253 RESPONSE to Motion re 252 First MOTION for Extension of Time to File Response/Reply as to 234 Brief in Support of Motion,,, Motion for Summary Judgment filed by Defendant Albertson's LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Gusha, Stefanie) (Entered: 11/08/2007)
254 First MOTION for Extension of Time to File Response/Reply as to 230 MOTION for Partial Summary Judgment on Eleven Affirmative Defenses, 231 Brief in Support of Motion by Defendant Albertson's LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Order (PDF Only))(Gusha, Stefanie) (Entered: 11/08/2007)
255 MINUTE ORDER granting 252 EEOC's Motion for Extension of Time to Respond to Defendant's Motion for Summary Judgment to 12/10/07 223 . Also, granting 254 Defendant Albertson's LLC's Motion for Reciprocal Extension of Time to Respond to EEOC's Motion for Partial Summary Judgment to 12/10/07 230 , by Judge Wiley Y. Daniel on 11/9/07.(lam, ) Modified on 11/9/2007 create linkage. (lam, ). (Entered: 11/09/2007)
256 Docket Annotation re: 255 Minute Order. This entry was modified to add linkage to related Motion for Summary Judgment and Motion for Partial Summary Judgment, Doc. Nos. 223, 230. Text only entry − no document attached (lam, ) (Entered: 11/09/2007)
257 ORDER granting 243 Joint Motion to Seal Exhibits A and B. Signed by Judge Wiley Y. Daniel on 11/13/07.(erv, ) (Entered: 11/13/2007)
258 NOTICE of Entry of Appearance by David Andrew Winston on behalf of Equal Employment Opportunity Commission (Winston, David) (Entered: 11/19/2007)
259 MOTION to Withdraw Document re 179 MOTION for Protective Order to prevent deposition of Nate Valentine on September 10, 2007, 171 MOTION for Protective Order to Prevent Depositions of Dr. Robert Atwell, William Slater, and Dawn Weber by Plaintiff Equal Employment Opportunity Commission. (Winston, David) (Entered: 11/20/2007)
260 MEMORANDUM regarding 259 MOTION to Withdraw Document re 179 MOTION for Protective Order to prevent deposition of Nate Valentine on September 10, 2007, 171 MOTION for Protective Order to Prevent Depositions of Dr. Robert Atwell, William Slater, and Dawn Weber MOTION to Withdraw Document re 179 MOTION for Protective Order to prevent deposition of Nate Valentine on September 10, 2007, 171 MOTION for Protective Order to Prevent Depositions of Dr. Robert Atwell, William Slater, and Dawn Weber filed by Equal Employment Opportunity Commission. Motions referred to Magistrate Judge Boyd N. Boland. Referred by Judge Wiley Y. Daniel on 11/20/07. (Text Only Entry − No Document Attached)(wydcd, rrk) (Entered: 11/20/2007)
261 BRIEF in Opposition re 242 MOTION to Strike Post−Discovery Disclosures Made After the Close of Discovery or, In the Alternative, for Leave to Depose All

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11/27/2007 12/03/2007
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Persons Who Were Not Disclosed Until After Close of Discovery filed by Defendant Albertson's LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Gusha, Stefanie) (Entered: 11/26/2007)
262 ORDER denying 259 Motion to Withdraw Document 179 MOTION for Protective Order to prevent deposition of Nate Valentine on September 10, 2007, 171 MOTION for Protective Order to Prevent Depositions of Dr. Robert Atwell, William Slater, and Dawn Weber. Signed by Magistrate Judge Boyd N. Boland on 11/27/07.(erv, ) (Entered: 11/27/2007)
263 ORDER granting in part and denying in part 116 Motion to allow James Baxter to Intervene and to assert the First Cause of Action: Title VII Race Discrimination contained in the Complaint In Intervention and Jury Demand ; and DENIED in all other respects; granting in part and denying in part 126 Christopher adams and James Steadham's Motion to Intervene and to assert First, Second, Third,and Fourth Claims for Relief and DENIED in all other respects; granting in part and denying in part 166 Solis Motion to Intervene; granting in part and denying in part 189 Valentine's Motion to Intervene. Signed by Magistrate Judge Boyd N. Boland on 12/3/07.(erv, ) (Entered: 12/03/2007)
264 INTERVENOR COMPLAINT and Jury Demand against Albertson's LLC, filed by James L Baxter.(erv, ) (Entered: 12/03/2007)
265 INTERVENOR COMPLAINT and Jury Demand against Albertson's LLC, filed by Christopher Adams, James Steadham.(erv, ) (Entered: 12/03/2007)
266 INTERVENOR COMPLAINT and Jury Demand against Albertson's LLC, filed by Luis Solis Gonzalez.(erv, ) (Entered: 12/03/2007)
267 INTERVENOR COMPLAINT and Jury Demand against Albertson's LLC, filed by Nate Valentine.(erv, ) (Entered: 12/03/2007)
268 MINUTE ORDER, IT IS ORDERED that the final pretrial conference set for December 10, 2007, at 8:30 a.m., is CONVERTED to a status conference. Set Hearings: Status Conference set for 12/10/2007 08:30 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. by Magistrate Judge Boyd N. Boland on 12/3/07. (erv, ) (Entered: 12/03/2007)
269 MOTION to Withdraw 179 MOTION for Protective Order to prevent deposition of Nate Valentine on September 10, 2007, 171 MOTION for Protective Order to Prevent Depositions of Dr. Robert Atwell, William Slater, and Dawn Weber by Plaintiff Equal Employment Opportunity Commission. (Winston, David) (Entered: 12/05/2007)
270 MEMORANDUM regarding 269 MOTION to Withdraw 179 MOTION for Protective Order to prevent deposition of Nate Valentine on September 10, 2007, 171 MOTION for Protective Order to Prevent Depositions of Dr. Robert Atwell, William Slater, and Dawn Weber MOTION to Withdraw 179 MOTION for Protective Order to prevent deposition of Nate Valentine on September 10, 2007, 171 MOTION for Protective Order to Prevent Depositions of Dr. Robert Atwell, William Slater, and Dawn Weber filed by Equal Employment Opportunity Commission. Motions referred to Magistrate Judge Boyd N. Boland. Referred by Judge Wiley Y. Daniel on 12/5/07. (Text Only Entry − No Document Attached)(wydcd, rrk) (Entered: 12/05/2007)
271 MOTION For Extension of Time to Respond to Defendant's Motion for Summary Judgment by Plaintiff Equal Employment Opportunity Commission. (Winston, David) (Entered: 12/05/2007)
272 MOTION to Clarify re 263 Order on Motion to Intervene,,,,,,,,,,, by Intervenor James L Baxter. (Schaefer, Elwyn) (Entered: 12/06/2007)
273 Joint MOTION to Amend/Correct/Modify 125 Protective Order by Albertsons LLC, Equal Employment; Intervenor Parties James L Baxter, Christopher Adams, James Steadham, Luis Solis Gonzalez, Nate Valentine. (Schaefer, Elwyn) (Modified on 12/6/2007 to add party filers)(erv2, ). (Entered: 12/06/2007)

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274 MEMORANDUM regarding 273 Joint MOTION to Amend/Correct/Modify 125 Protective Order filed by Luis Solis Gonzalez, Nate Valentine, James Steadham, Christopher Adams, James L Baxter. Motions referred to Magistrate Judge Boyd N. Boland. Referred by Judge Wiley Y. Daniel on 12/6/07. (Text Only Entry − No Document Attached)(wydcd, rrk) (Entered: 12/06/2007)
275 MEMORANDUM regarding 272 MOTION to Clarify re 263 Order on Motion to Intervene, filed by James L Baxter. (Text Only Entry − No Document Attached)Motions referred to Magistrate Judge Boyd N. Boland, by Judge Wiley Y. Daniel on 12/7/07. (erv, ) (Entered: 12/06/2007)
276 RESPONSE to Motion re 271 MOTION For Extension of Time to Respond to Defendant's Motion for Summary Judgment filed by Defendant Albertson's LLC. (Talley, Kimberly) (Entered: 12/06/2007)
277 RESPONSE to Motion re 271 MOTION For Extension of Time to Respond to Defendant's Motion for Summary Judgment filed by Defendant Albertson's LLC. (Talley, Kimberly) (Entered: 12/06/2007)
278 Docket Annotation re: 276 Response to Motion; this was a docketing error and it has been refiled at Doclekt Number 277 Text only entry − no document attached (erv, ) (Entered: 12/07/2007)
279 REPLY to Response to Motion re 271 MOTION For Extension of Time to Respond to Defendant's Motion for Summary Judgment filed by Plaintiff Equal Employment Opportunity Commission, Intervenor Parties James L Baxter, Christopher Adams, James Steadham, Luis Solis Gonzalez, Nate Valentine. (Attachments: # 1 Exhibit Deposition Transcript)(Kittle, Rita) (Entered: 12/07/2007)
280 Unopposed MOTION for Extension of Time to File Response/Reply to EEOC's Motion for Partial Summary Judgment by Defendant Albertson's LLC. (Attachments: # 1 Proposed Order (PDF Only) [Proposed] Order Re: Albertson's LLC's Unopposed Motion for a Reciprocal Extension of Time to Respond to EEOC's Motion for Partial Summary Judgment)(Gusha, Stefanie) (Entered: 12/07/2007)
281 ORDER denying 272 Motion to Clarify. Signed by Magistrate Judge Boyd N. Boland on 12/7/07.(erv, ) (Entered: 12/07/2007)
282 MOTION to Amend/Correct/Modify by Intervenor James L Baxter. (Attachments: # 1 Exhibit)(Schaefer, Elwyn) (Entered: 12/07/2007)
283 Renewed MOTION to Compel the Attendance of James Baxter at the Resumption of his Deposition by Defendant Albertson's LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Proposed Order (PDF Only))(Gusha, Stefanie) (Entered: 12/08/2007)
284 Renewed MOTION to Compel Mental Examination and Psychological Testing of Baxter, Ruiz and Lopez Pursuant to FRCP 35 by Defendant Albertson's LLC. (Attachments: # 1 Proposed Order (PDF Only))(Talley, Kimberly) (Entered: 12/08/2007)
285 DECLARATION of Dr. William Hansen regarding Renewed MOTION to Compel Mental Examination and Psychological Testing of Baxter, Ruiz and Lopez Pursuant to FRCP 35 284 by Defendant Albertson's LLC. (Attachments: # 1 Exhibit A)(Talley, Kimberly) (Entered: 12/08/2007)
286 DECLARATION of Kimberly M. Talley by Defendant Albertson's LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Talley, Kimberly) (Entered: 12/08/2007)
287 STATUS REPORT by Plaintiff Equal Employment Opportunity Commission, Intervenor Parties James L Baxter, Christopher Adams, James Steadham, Luis Solis Gonzalez, Nate Valentine. (Kittle, Rita) (Entered: 12/09/2007)

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288 MEMORANDUM regarding 284 Renewed MOTION to Compel Mental Examination and Psychological Testing of Baxter, Ruiz and Lopez Pursuant to FRCP 35 filed by Albertson's LLC, 283 Renewed MOTION to Compel the Attendance of James Baxter at the Resumption of his Deposition filed by Albertson's LLC, 282 MOTION to Amend/Correct/Modify filed by James L Baxter. Motions referred to Magistrate Judge Boyd N. Boland. Referred by Judge Wiley Y. Daniel on 12/10/07. (Text Only Entry − No Document Attached)(wydcd, rrk) (Entered: 12/10/2007)
289 Unopposed MOTION to Withdraw Document re 230 MOTION for Partial Summary Judgment on Eleven Affirmative Defenses by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order (PDF Only) proposed order)(Palma, Lynn) (Entered: 12/10/2007)
290 MINUTE ORDER re: 242 MOTION to Strike Post−Discovery Disclosures filed by Equal Employment Opportunity Commission, 284 Renewed MOTION to Compel Mental Examination and Psychological Testing of Baxter, Ruiz and Lopez Pursuant to FRCP 35 filed by Albertson's LLC, 283 Renewed MOTION to Compel the Attendance of James Baxter at the Resumption of his Deposition filed by Albertson's LLC, 282 MOTION to Amend/Correct/Modify filed by James L Baxter, Set Hearings: Motion Hearing set for 12/19/2007 10:30 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. IT IS FURTHER ORDERED that responses shall be filed on or before December 17, 2007. No replies are allowed. by Magistrate Judge Boyd N. Boland on 12/10/07. (erv, ) (Entered: 12/11/2007)
291 ORDER DENYING as moot 133 Motion to Stay; DENYING as moot 165 Motion for Extension of Time; DENYING as moot 171 Motion for Protective Order; DENYING as moot 176 Motion to Amend/Correct/Modify; DENYING as moot 176 Motion for Leave; DENYING as moot 179 Motion for Protective Order; DENYING as moot 208 Motion to Compel; granting 242 Motion to Strike ; DENYING as moot 269 Motion to Withdraw ; granting 273 Joint Motion to Amend Protective Order; It is Further ORDERED that EEOC's oral Motion for an extension of time, to and incl 12/13/07, to file a reply in support of Pla's Motion to Strike Rule 26 Disclosures[etc]; Discovery Cut−Off 4/11/08; Dispositive Motions Deadline 4/11/08; Final Pre−Trial Conf 6/10/08 at 10:00 a.m.; Final pre−trial Order shall be filed to the court no later than 6/3/08. Signed by Magistrate Judge Boyd N. Boland on 12/10/07.(erv, ) (Entered: 12/11/2007)
295 Minute Entry for proceedings held before Magistrate Judge Boyd N. Boland: Status Conference held on 12/10/2007.ORDERED: A Motion Hearing is set for 12/19/2007 10:30 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. Final Pretrial Conference set for 6/10/2008 10:00 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland Proposed final pretrial order due on or before June 3, 2008.ORDERED:Motion to stay; or, in the alternative, motion to allow counsel for prospective intervenors to fully participate in remaining depositions filed July 25, 2007; # 133 is denied as moot as stated on the record.ORDERED:EEOCS motion for extension of time to respond to discovery requests filed August 30, 2007; # 165 is denied as moot as stated on the record.ORDERED:Plaintiff EEOCs motion for entry of a protective order pursuant to Fed.R.Civ.Pro Rule 26 to prevent the deposition of Nate Valentine on September 10, 2007 and certificate of compliance with D.Colo. L.R. 7.1 filed September 9, 2007; # 179 is denied as moot as stated on the record.ORDERED:Plaintiff EEOCs Motion for entry of a protective order to prevent the depositions of Dr. Robert Atwell, William Slater, and Dawn Weber filed September 3, 2007; # 171 is denied and denied as moot as stated on the record.ORDERED:EEOCs motion for amendment of scheduling order necessitated by defendants motion for protective order [DKT # 147], and for leave to conduct certain depositions after discovery cutoff filed September 6, 2007; # 176 is denied as moot.ORDERED:EEOCs motion to compel production of insurance policy as required under FED.R.CIV.P. 26(a)(1)(D) filed October 2, 2007; # 208 is denied as moot as stated on the record.ORDERED:EEOCs motion for withdrawal of motions for protective orders, Doc #171 &179 filed December 5, 2007; # 269 is denied as moot as stated on the record. ORDERED:Joint motion to amend protective order filed December 6, 2007; # 273 is granted as stated on the record. ORDERED:EECOs oral motion for an extension of time, to and including December 13, 2007, to file a reply in support of plaintiffs motion to strike Rule 26 disclosures [etc] filed November 3, 2007; #

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242 is granted as stated on the record.ORDERED:Discovery cut−off is extended to and including April 11, 2008.Dispositive motion deadline is extended to and including April 11, 2008. (Court Reporter FTR−G.Mattei.) (bnbcd, ) (Entered: 12/11/2007)
292 Utility Resetting Deadlines/Hearings: Text only entry − no document attached. Discovery due by 4/11/2008. Dispositive Motions due by 4/11/2008. Proposed Pretrial Order due by 6/3/2008. Final Pretrial Conference set for 6/10/2008 10:00 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. (erv, ) (Entered: 12/11/2007)
294 MINUTE ORDER granting 289 Motion to Withdraw Document; withdrawing 230 Motion for Partial Summary Judgment; granting in part and denying in part 271 Motion for Extension of Time; DENYING as moot Albertson's LLC's Unopposed 280 Motion for Extension of Time to File Response since the Motion for Partial Summary Judgment has been withdrawn ; by Judge Wiley Y. Daniel on 12/11/07.(erv, ) (Entered: 12/11/2007)
296 Unopposed MOTION to Withdraw Motion for Summary Judgment by Defendant Albertson's LLC. (Attachments: # 1 Proposed Order (PDF Only))(Gusha, Stefanie) (Entered: 12/12/2007)
297 MINUTE ORDER granting 296 Motion to Withdraw Dfts Motion for Summary Judgment; withdrawing 223 Motion for Summary Judgment without prejjudice to file a new dispositive motion at the conclusion of the discovery period, by Judge Wiley Y. Daniel on 12/13/07.(erv, ) (Entered: 12/13/2007)
298 MOTION to Withdraw Document Plaintiff's Motion to Strike Rule 26 Disclosures Made After the Close of Discovery or, in the Alternative, For Leave to Depose All Persons Who Were Not Disclosed Until After Close of Discovery [Doc. # 242] by Plaintiff Equal Employment Opportunity Commission. (Winston, David) (Entered: 12/13/2007)
299 MEMORANDUM regarding 298 MOTION to Withdraw Document Plaintiff's Motion to Strike Rule 26 Disclosures Made After the Close of Discovery or, in the Alternative, For Leave to Depose All Persons Who Were Not Disclosed Until After Close of Discovery [Doc. # 242] MOTION to Withdraw Document Plaintiff's Motion to Strike Rule 26 Disclosures Made After the Close of Discovery or, in the Alternative, For Leave to Depose All Persons Who Were Not Disclosed Until After Close of Discovery [Doc. # 242] filed by Equal Employment Opportunity Commission. Motions referred to Magistrate Judge Boyd N. Boland. Referred by Judge Wiley Y. Daniel on 12/14/07. (Text Only Entry − No Document Attached)(wydcd, rrk) (Entered: 12/14/2007)
300 MINUTE ORDER granting 298 Unopposed Motion to Withdraw Plaintiff EEOC's Motionto Strike Rule 26 Disclosures Made After the Close of Discovery or, In the Alternative, for Leave to Depose All Persons Who Were Not Disclosed Until After Close of Discovery; DENIED as Withdrawn 242 ; MOTION to Strike Post−Discovery Disclosures or, In the Alternative, for Leave to Depose All PersonsWho Were Not Disclosed Until After Close of Discovery,by Magistrate Judge Boyd N. Boland on 12/17/07.(erv, ) (Entered: 12/17/2007)
301 BRIEF in Opposition re 284 Renewed MOTION to Compel Mental Examination and Psychological Testing of Baxter, Ruiz and Lopez Pursuant to FRCP 35 filed by Plaintiff Equal Employment Opportunity Commission. (Palma, Lynn) (Entered: 12/17/2007)
302 RESPONSE to Motion re 282 MOTION to Amend/Correct/Modify Plaintiff/Intervenor James Baxter's Motion to Amend Complaint as a Matter of Right Pursuant to Rule 15(a) filed by Defendant Albertson's LLC. (Gusha, Stefanie) (Entered: 12/17/2007)
303 RESPONSE to Motion re 283 Renewed MOTION to Compel the Attendance of James Baxter at the Resumption of his Deposition filed by Intervenor James L Baxter. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13)(Kershner, Andrea) (Entered:

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12/17/2007)
304 RESPONSE to Motion re 284 Renewed MOTION to Compel Mental Examination and Psychological Testing of Baxter, Ruiz and Lopez Pursuant to FRCP 35 filed by Intervenor James L Baxter. (Kershner, Andrea) (Entered: 12/17/2007)
305 NOTICE of Exhibits Attached to Doc. #301 Response Brief Opposing Rule 35 Mental Exams by Plaintiff Equal Employment Opportunity Commission (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Palma, Lynn) (Entered: 12/17/2007)
306 MOTION to Compel the EEOC to Respond to Its Third and Fourth Set of Interrogatories Pursuant to FRCP 37, MOTION for Sanctions by Defendant Albertson's LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Proposed Order (PDF Only))(Gusha, Stefanie) (Entered: 12/17/2007)
307 MEMORANDUM regarding 306 MOTION to Compel the EEOC to Respond to Its Third and Fourth Set of Interrogatories Pursuant to FRCP 37 MOTION for Sanctions filed by Albertson's LLC. Motions referred to Magistrate Judge Boyd N. Boland. Referred by Judge Wiley Y. Daniel on 12/18/07. (Text Only Entry − No Document Attached)(wydcd, rrk) (Entered: 12/18/2007)
308 Second MOTION to Produce Documents by the EEOC and For an Order Awarding Sanctions by Defendant Albertson's LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Proposed Order (PDF Only))(Gusha, Stefanie) (Entered: 12/18/2007)
309 MEMORANDUM regarding 308 Second MOTION to Produce Documents by the EEOC and For an Order Awarding Sanctions filed by Albertson's LLC. Motions referred to Magistrate Judge Boyd N. Boland. Referred by Judge Wiley Y. Daniel on 12/18/07. (Text Only Entry − No Document Attached)(wydcd, rrk) (Entered: 12/18/2007)
310 DEPOSITION SCHEDULE Joint Proposed Deposition Schedule for All Remaining Depositions to be Taken in the Case by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Deposition Schedule)(Winston, David) (Entered: 12/18/2007)
311 Joint MOTION to Seal Report of Dr. Robert Atwell (Exhibit A) Supporting Defendant Albertson's LLC's Motion to Compel the Mental Examination and Psychological Testing of oJames L. Baxter, Robert Patrick Ruiz, and David Robert Lopez Under Federal Rule of Civil Procedure 35 by Defendant Albertson's LLC. (Attachments: # 1 Proposed Order (PDF Only))(Talley, Kimberly) (Entered: 12/18/2007)
312 MEMORANDUM regarding 311 Joint MOTION to Seal Report of Dr. Robert Atwell (Exhibit A) Supporting Defendant Albertson's LLC's Motion to Compel the Mental Examination and Psychological Testing of oJames L. Baxter, Robert Patrick Ruiz, and David Robert Lopez Under FedJoint MOTION to Seal Report of Dr. Robert Atwell (Exhibit A) Supporting Defendant Albertson's LLC's Motion to Compel the Mental Examination and Psychological Testing of oJames L. Baxter, Robert Patrick Ruiz, and David Robert Lopez Under Fed filed by Albertson's LLC. Motions referred to Magistrate Judge Boyd N. Boland. Referred by Judge Wiley Y. Daniel on 12/18/07. (Text Only Entry − No Document Attached)(wydcd, rrk) (Entered: 12/18/2007)
313 SEALED DOCUMENT by Defendant Albertson's LLC. (Attachments: # 1 Pages 6−10, # 2 Pages 11−15, # 3 Pages 16−20, # 4 Pages 21−25, # 5 Pages 26−30, # 6 Pages 31−35, # 7 Pages 36−40, # 8 Pages 41−45, # 9 Pages 46−50, # 10 Pages 51−52)(Talley, Kimberly) (Entered: 12/18/2007)
315 Exhibit A by Defendant Albertson's LLC, Plaintiff Equal Employment Opportunity Commission. (Public Entry for SEALED Document 313 , filed 12/18/07) Text Only Entry−No Document attached(erv, ) (Entered: 12/19/2007)

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12/21/2007 12/21/2007 12/21/2007 12/21/2007 12/21/2007 12/26/2007

314 Minute Entry for proceedings held before Magistrate Judge Boyd N. Boland. ORDERED:Plaintiff/Intervenor James Baxters motion to amend complaint as a matter of right pursuant to Rule 15(a) filed December 7, 2008; 282 is granted as stated on the record. The Clerk of Court is directed to accept the amended complaint for filing. Any response due within 10 days.ORDERED:Motion of Albertsons LLC to compel the attendance of James Baxter at the resumption of his deposition pursuant to FRCP 30 filed December 8, 2007; 283 is granted as stated on the record. Court will not impose sanctions against Albertsons. ORDERED:Motion of defendant Albertsons LLC to compel the mental examination and psychological testing of James L. Baxter, Robert Patrick Ruiz, and David Robert Lopez under Federal Rule of Civil Procedure 35 filed December 8, 2007; 284 granted as stated on the record.ORDERED:Oral motion to allow Dr. Atwell to be a designated expert for James L. Baxter is granted as stated on the record. ORDERED:Joint deposition schedule is approved.ORDERED:Oral motion by the intervenors to allow the second deposition of Mr. Steadham be limited to 4 hours is granted as stated on the record.ORDERED:Oral motion by the intervenors to allow depositions to be moved and allow 5 more depositions to be taken is granted as stated on the record. Motion Hearing held on 12/19/2007. (Court Reporter FTR−G.Mattei.) (bnbcd, ) (Entered: 12/19/2007)
316 ORDER Granting 284 Renewed MOTION to Compel Mental Examination and Psychological Testing of Baxter, Ruiz and Lopez Pursuant to FRCP 35 filed by Albertson's LLC, Granting 283 Renewed MOTION to Compel the Attendance of James Baxter at the Resumption of his Deposition filed by Albertson's LLC, Granting 282 MOTION to Amend/Correct/Modify filed by James L Baxter; re: 310 Deposition Schedule filed by Equal Employment Opportunity Commission, All depositions must be taken at the date and time designated in the Deposition Schedule, IT IS FURTHER ORDERED that the unopposed oral motion of James Steadham to limit his deposition to not more than four hours is GRANTED. Signed by Magistrate Judge Boyd N. Boland on 12/20/07. (erv, ) (Entered: 12/20/2007)
317 INTERVENOR COMPLAINT and Jury Demand against Albertson's LLC, filed by James L Baxter.(erv, ) (Entered: 12/20/2007)
318 MINUTE ORDER re: 308 Second MOTION to Produce Documents by the EEOC and For an Order Awarding Sanctions filed by Albertson's LLC, 306 MOTION to Compel the EEOC to Respond to Its Third and Fourth Set of Interrogatories Pursuant to FRCP 37; IT IS ORDERED that plaintiffs shall respond to the Motions on or before January 9, 2008. No reply will be accepted without leave of court. Set Hearings: Motions Hearing set for 1/11/2008 09:00 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. by Magistrate Judge Boyd N. Boland on 12/20/07. (erv, ) (Entered: 12/20/2007)
319 Joint MOTION to Continue for Continuance by Plaintiff Equal Employment Opportunity Commission. (Winston, David) (Entered: 12/21/2007)
320 MEMORANDUM regarding 319 Joint MOTION to Continue for Continuance filed by Equal Employment Opportunity Commission. Motions referred to Magistrate Judge Boyd N. Boland. Referred by Judge Wiley Y. Daniel on 12/21/07. (Text Only Entry − No Document Attached)(wydcd, rrk) (Entered: 12/21/2007)
321 Defendant Albertson's LLC's ANSWER to 267 Intervenor Complaint and Jury Demand of Intervenor Nate Valentine by Albertson's LLC.(Gusha, Stefanie) (Entered: 12/21/2007)
322 Defendant Albertson's LLC's ANSWER to 265 Intervenor Complaint and Jury Demand of Intervenors Christopher Adams and James Steadham by Albertson's LLC.(Gusha, Stefanie) (Entered: 12/21/2007)
323 Defendant Albertson's LLC's ANSWER to 266 Intervenor Complaint and Jury Demand of Intervenor Luis Solis−Gonzalez by Albertson's LLC.(Gusha, Stefanie) (Entered: 12/21/2007)
324 Minute ORDER granting Joint 319 Motion for Continuance. Hearing set 1/11/08 is vacated and reset to 1/14/08 at 9:00 a.m., by Magistrate Judge Boyd N. Boland on 12/26/07.(gms, ) (Entered: 12/26/2007)

Case: 1:06-cv-1273 As of: 06/03/2017 11:45 AM MDT 33 of 59

12/26/2007 01/02/2008 01/03/2008 01/03/2008 01/04/2008 01/09/2008 01/09/2008
01/11/2008 01/11/2008 01/11/2008 01/14/2008
01/14/2008

325 Utility Setting/Resetting Deadlines/Hearings: Motion Hearing reset for 1/14/2008 09:00 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland, pursuant to the minute orderr of 12/26/07. Text only entry − no document attached. (gms, ) (Entered: 12/26/2007)
326 Minute ORDER granting Joint 311 Motion to Seal Report of Dr. Atwell. Docket Entry #313 is to remain under seal, by Magistrate Judge Boyd N. Boland on 1/2/08.(gms, ) (Entered: 01/02/2008)
327 TRANSCRIPT of Status Conference held on 12−10−07 before Magistrate Judge Boland. Pages: 1−73. Per statute, copies of transcripts are available for inspection in the clerk's office. Parties interested in a copy may contact the court reporter or, in the case of a transcript prepared from a digital−audio taped record, the courtroom deputy for the judicial officer. (Avery Woods Reporting, ) (Entered: 01/03/2008)
328 TRANSCRIPT of Motions Hearing held on 12−19−07 before Magisgtrate Judge Boland. Pages: 1−39. Per statute, copies of transcripts are available for inspection in the clerk's office. Parties interested in a copy may contact the court reporter or, in the case of a transcript prepared from a digital−audio taped record, the courtroom deputy for the judicial officer. (Avery Woods Reporting, ) (Entered: 01/03/2008)
329 ANSWER to 317 Intervenor Complaint and Jury Demand of James Baxter by Albertson's LLC.(Gartner, Lawrence) (Entered: 01/04/2008)
330 BRIEF in Opposition re 306 MOTION to Compel the EEOC to Respond to Its Third and Fourth Set of Interrogatories Pursuant to FRCP 37 MOTION for Sanctions filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Winston, David) (Entered: 01/09/2008)
331 RESPONSE to Motion re 308 Second MOTION to Produce Documents by the EEOC and For an Order Awarding Sanctions filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1 − Frank depo excerpts, # 2 Exhibit 5 − Ricks Determinations, # 3 Exhibit 6 − Excerpts from Dkt 234, # 4 Affidavit E. Frank declaration, # 5 Exhibit Declaration Ex. A − Sec. 83, # 6 Exhibit Declaration Ex B − FOIA Q# 7 Affidavit Kittle Declaration)(Palma, Lynn) (Entered: 01/09/2008)
332 MOTION to Seal Exhibits 2,3,and 4 Supporting Doc.#330 by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order (PDF Only) Proposed Order)(Palma, Lynn) (Entered: 01/11/2008)
333 SEALED DOCUMENT by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 3 − 1995 Partial Determination, # 2 Exhibit 4− 2001 Settlement Agreement)(Palma, Lynn) (Entered: 01/11/2008)
336 Exhibit 3 Partial Determination and Exhibit 4 Settlement Agreement by Plaintiff Equal Employment Opportunity Commission. (Public Entry for SEALED Document 333 , filed 1/11/08) Text Only Entry−No Document Attached(erv, ) (Entered: 01/14/2008)
334 Minute Entry for proceedings held before Magistrate Judge Boyd N. Boland. ORDERED:Defendant Albertsons LLCs motion for sanctions and for an order compelling the EEOC to respond to its third and fourth set of interrogatories pursuant to Rule 37 and the Federal Rules of Civil Procedure filed December 17, 2007; doc 306 is granted in part and denied in part as stated on the record. Responses shall be provided on or before February 14, 2008. ORDERED:Defendant Albertsons LLCs second motion for an order compelling the EEOC to produce documents and for an order awarding sanctions filed December 18, 2007;doc 308 is granted in part and denied in part as stated on the record.Documents shall be produced within 30 days. Motion Hearing held on 1/14/2008. (Court Reporter FTR−G.Mattei.) (bnbcd, ) (Entered: 01/14/2008)
335 MEMORANDUM regarding 332 MOTION to Seal Exhibits 2,3,and 4 Supporting Doc. 330 filed by Equal Employment Opportunity Commission. (Text Only Entry

Case: 1:06-cv-1273 As of: 06/03/2017 11:45 AM MDT 34 of 59

01/14/2008
01/22/2008 01/23/2008 01/28/2008 01/28/2008 01/29/2008 01/29/2008 01/29/2008 01/29/2008 01/29/2008
01/30/2008

− No Document Attached)Motions referred to Magistrate Judge Boyd N. Boland by Judge Wiley Y. Daniel on 1/14/08. (erv, ) (Entered: 01/14/2008)
337 ORDER re: GRANTING IN PART and DENYING IN PART 308 Second MOTION to Produce Documents by the EEOC and For an Order Awarding Sanctions filed by Albertson's LLC,GRANTED 306 MOTION to Compel the EEOC to Respond to Its Third and Fourth Set of Interrogatories Pursuant to FRCP 37 DENYING MOTION for Sanctions filed by Albertson's LLC,EEOC shall make the discovery required by this order available to Albertsons on or before February 14, 2008. Signed by Magistrate Judge Boyd N. Boland on 1/14/2008. (sah2, ) (Entered: 01/14/2008)
338 MINUTE ORDER granting 332 EEOC's Motion to Seal Exhibits 2,3, and 4 supporting EEOC's Response 331 and are to remain under SEAL, by Magistrate Judge Boyd N. Boland on 1/22/08.(erv, ) (Entered: 01/22/2008)
339 TRANSCRIPT of Motions Hearing held on 1−14−08 before Magistrate Judge Boland. Pages: 1−55. Per statute, copies of transcripts are available for inspection in the clerk's office. Parties interested in a copy may contact the court reporter or, in the case of a transcript prepared from a digital−audio taped record, the courtroom deputy for the judicial officer. (Avery Woods Reporting, ) (Entered: 01/23/2008)
340 MOTION for Leave to Extend Page Limit by Plaintiff Equal Employment Opportunity Commission. (Winston, David) (Entered: 01/28/2008)
341 MINUTE ORDER granting 340 Pla's Motion for Leave to Extend Page Limit. The EEOC may file an objection that exceeds the page limitations set forthin my Practice Standards by no more than five (5) pages. by Judge Wiley Y. Daniel on 1/28/08.(erv, ) (Entered: 01/29/2008)
342 APPEAL OF MAGISTRATE JUDGE DECISION to District Court re 337 Order,, re production of 22 boxes by Plaintiff Equal Employment Opportunity Commission (Attachments: # 1 Exhibit 1 Transcript 1.14.08, # 2 Exhibit 5 excerpts 30b6 depo, # 3 Exhibit 6 Ricks LODs, # 4 Exhibit 7 Compliance Manual sec. 83, # 5 Affidavit Frank Declaration, # 6 Affidavit Kittle Declaration)(Weeks, Nancy) (Entered: 01/29/2008)
343 MOTION to Stay re 337 Order,, by Plaintiff Equal Employment Opportunity Commission. (Winston, David) (Entered: 01/29/2008)
344 BRIEF in Opposition re 343 MOTION to Stay re 337 Order,, filed by Defendant Albertson's LLC. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Mandelson, Richard) (Entered: 01/29/2008)
345 Unopposed MOTION for Leave to File Twenty Page Response Within Ten Days to Plaintiff EEOC's Objection Pursuant to Fed.R.Civ.P. 72(A) to Decision of Magistrate Judge on Defendants' Motion to Compel Information Relating to Commissioner's Charge by Defendant Albertson's LLC. (Attachments: # 1 Exhibit A, # 2 Proposed Order (PDF Only))(Mandelson, Richard) (Entered: 01/29/2008)
346 MINUTE ORDER, Set Hearings: Motion Hearing set for 2/12/2008 04:00 PM in Courtroom A1002 before Judge Wiley Y. Daniel, on EEOC's Objection Pursuant to Fed.R.Civ.P. 72(a) to Decision of Magistrate Judge on Defendants Motion to Compel Information Relating to Commissioner's Charge. Defendant shall file a response to the EEOC's Objection by Thursday, February 7, 2008. Plaintiff EEOC's Motion to Stay Enforcement of that Part of the January 14, 2008, Order 337 Granting in Part Defendant's Second Motion to Compel (Re: 22 Boxes of Closed Commissioner's Charge Documents) 308 is GRANTED. The January 14, 2008, Order which granted in part Defendant's Second Motion to Compel is stayed pending a ruling on the EEOCs Objections. by Judge Wiley Y. Daniel on 1/29/08. (erv, ) (Entered: 01/30/2008)
347 MINUTE ORDER granting 345 Motion for Leave to File a Twenty Page Response Within Ten Days to Plaintiff EEOC's Objection Pursuant to Fed.R.Civ.P. 72(A) to Decision of Magistrate Judge on Defendant's Motion to Compel Information Relating to Commissioner's Charge is GRANTED. While my Minute Order of

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02/01/2008 02/01/2008 02/01/2008 02/04/2008 02/05/2008 02/05/2008
02/05/2008 02/08/2008
02/12/2008
02/13/2008
02/15/2008 02/22/2008

January 29, 2008, gave Defendant until February 7, 2008, to file a response, this deadline is extended to Friday, February 8, 2008. by Judge Wiley Y. Daniel on 1/30/08.(erv, ) (Entered: 01/30/2008)
348 NOTICE of Entry of Appearance of Steven W. Moore by Steven Woodrow Moore on behalf of all defendants (Moore, Steven) (Entered: 02/01/2008)
349 MOTION to Withdraw as Attorney by Intervenor James L Baxter. (Attachments: # 1 Exhibit Notice of Intent to Withdraw)(Schaefer, Elwyn) (Entered: 02/01/2008)
350 MEMORANDUM regarding 349 MOTION to Withdraw as Attorney filed by James L Baxter. Motions referred to Magistrate Judge Boyd N. Boland. Referred by Judge Wiley Y. Daniel on 2/1/08. (Text Only Entry − No Document Attached) (wydcd, rrk) (Entered: 02/01/2008)
351 MINUTE ORDER granting 349 Motion to Withdraw as Attorney. Attorney Andrea J. Kershner terminated, by Magistrate Judge Boyd N. Boland on 2/4/08.(erv, ) (Entered: 02/04/2008)
352 MOTION to Vacate 346 Order, Set/Reset Hearings,,,,,, by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order (PDF Only))(Weeks, Nancy) (Entered: 02/05/2008)
353 MINUTE ORDER granting 352 Pla's Partially Unopposed Motion to Re−Schedule Oral Argument on Fed.R.Civ.P. 72(a) Objection to Decision of Magistrate Judge on Defendant's Motion to Compel Information Relating to Commissioner's Charge (filed February 5, 2008); The hearing currently set for Tuesday, February 12, 2008, at 4:00 p.m. is VACATED and RESET to Wednesday, February 13, 2008, at 3:30 p.m. by Judge Wiley Y. Daniel on 2/5/08.(erv, ) (Entered: 02/06/2008)
354 Utility Resetting Hearings: Oral Argument Hearing set for 2/13/2008 03:30 PM in Courtroom A1002 before Judge Wiley Y. Daniel. Text only entry − no document attached. (erv, ) (Entered: 02/06/2008)
355 RESPONSE to 342 APPEAL OF MAGISTRATE JUDGE DECISION to District Court re 337 Order,, re production of 22 boxes by Plaintiff Equal Employment Opportunity CommissionAPPEAL OF MAGISTRATE JUDGE DECISION to District Court re 337 Order,, re production of 22 boxes by Plaintiff Equal Employment Opportunity Commission by Defendant Albertson's LLC. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7)(Gusha, Stefanie) (Entered: 02/08/2008)
356 MOTION to Bifurcate by Plaintiff Equal Employment Opportunity Commission, Intervenor Parties Christopher Adams, James Steadham, Luis Solis Gonzalez, Nate Valentine. (Attachments: # 1 Proposed Order (PDF Only), # 2 Exhibit 1 EEOC v. Foster Wheeler, # 3 Exhibit 2 Love v. Pullman, # 4 Exhibit 3 Dial Corp. (unpublished), # 5 Exhibit 4 EEOC v. Nebco Evans)(Weeks, Nancy) (Entered: 02/12/2008)
358 Minute Entry for proceedings held before Judge Wiley Y. Daniel: denying 342 APPEAL OF MAGISTRATE JUDGE DECISION to District Court; Motion Hearing held on 2/13/2008. Oral motion to extend the deadline for responses to supplemental interrogatories is granted. Deadline for responses to supplemental interrogatories is extended from Thursday, February 14, 2008 to Tuesday, February 19, 2008. (Court Reporter Kara Spitler.) (wydcd, rrk) (Entered: 02/21/2008)
357 NOTICE of Entry of Appearance by Tazamisha Heshima Imara on behalf of Albertson's LLC (Imara, Tazamisha) (Entered: 02/15/2008)
359 ORDER OVERRULING 342 APPEAL OF MAGISTRATE JUDGE DECISION to District Court re 337 Order, re production of 22 boxes by Plaintiff Equal Employment Opportunity Commission; It is FURTHER ORDERED that Magistrate Judge Boland's Order of January 14, 2008, is AFFIRMED. EEOC shall start producing boxes as of Tuesday, February 19, 2008 (at least one box shall be produced by that time) and shall produce all boxes as quickly and expeditiously as possible, but by no later than Monday, March 3, 2008. It is FURTHER ORDERED that if privileged documents are located by EEOC in the boxes, EEOC shall

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02/22/2008 02/27/2008 02/27/2008 02/29/2008 02/29/2008 03/04/2008 03/04/2008 03/10/2008 03/10/2008 03/11/2008
03/11/2008
03/11/2008 03/17/2008 03/17/2008

prepare and provide to opposing counsel a privilege log as required by Fed. R. Civ. P. 26(b)(5)(A). Signed by Judge Wiley Y. Daniel on 2/22/08. (erv, ) (Entered: 02/22/2008)
360 MINUTE ORDER, Motion Hearing set for 7/17/2008 03:00 PM in Courtroom A1002 before Judge Wiley Y. Daniel. by Judge Wiley Y. Daniel on 2/22/08. (erv, ) (Entered: 02/22/2008)
361 Unopposed MOTION For Extension of Time to by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1)(Winston, David) (Entered: 02/27/2008)
362 MINUTE ORDER granting 361 Pla's Unopposed Motion for Extension of Time up to and incl 3/17/08, in which to provide Defendant with privilege logs for the 26 boxes of closed Commissioner's Charge documents. by Judge Wiley Y. Daniel on 2/27/08.(erv, ) (Entered: 02/28/2008)
363 Unopposed MOTION to Reset Hearing on Pending Motions by Intervenor Parties Christopher Adams, James Steadham, Luis Solis Gonzalez, Nate Valentine. (Martinez, William) (Entered: 02/29/2008)
364 MOTION for Extension of Time to File Response/Reply as to 356 MOTION to Bifurcate by Defendant Albertson's LLC. (Attachments: # 1 Proposed Order (PDF Only))(Gusha, Stefanie) (Entered: 02/29/2008)
365 MINUTE ORDER granting 364 Albertson's Unopposed Motion for Extension of Time to File Response to Pla's Motion to Bifurcate Trial. Albertson's shall respond to the EEOC's Motion to Bifurcate Trial not later than March 20, 2008. by Judge Wiley Y. Daniel on 3/3/08.(erv, ) (Entered: 03/04/2008)
366 MINUTE ORDER granting 363 Unopposed Motion to Reset the hearing on Pending Motions. Motion Hearing Reset for 8/19/2008 03:00 PM in Courtroom A1002 before Judge Wiley Y. Daniel. by Judge Wiley Y. Daniel on 3/4/08.(erv, ) (Entered: 03/04/2008)
367 MOTION to Reset Settlement Conference by Plaintiff Equal Employment Opportunity Commission. (Winston, David) (Entered: 03/10/2008)
368 Docket Annotation re: 367 MOTION to Reset Settlement Conference. Counsel filed this document in the wrong case and will re−file in the correct case of 07−cv−02035. Text only entry − no document attached (gmssl, ) (Entered: 03/10/2008)
369 TRANSCRIPT of Hearing on Plaintiff's Objection Pursuant to Fed.R.Civ.P. 72(a) to decision of Magistrate Judge on Defendant's Motion to Compel Information held on 2−13−08 before Judge Daniel. Pages: 1−37. Per statute, copies of transcripts are available for inspection in the clerk's office. Parties interested in a copy may contact the court reporter or, in the case of a transcript prepared from a digital−audio taped record, the courtroom deputy for the judicial officer. (Spitler, Kara) (Entered: 03/11/2008)
370 Docket Annotation re: Terminate Motions, 368 Docket Annotation, 367 MOTION to Reset and 369 Transcript. The NEFs for these documents to Kimberly Talley were returned as undeliverable. Ms. Talley is no longer employed by the firm. Stefanie Gusha and Lawrence Gartner have also left the firm, but have been contacted at their new firm. As they remain as counsel in this case, they will file a motion to withdraw for Ms. Talley and Tazamisha Heshima Imara who has also left the firm. Text only entry − no document attached (gms, ) (Entered: 03/11/2008)
371 NOTICE of Change of Address by Stefanie M. Gusha (Gusha, Stefanie) (Entered: 03/11/2008)
372 NOTICE of Change of Address by Elwyn F. Schaefer (Schaefer, Elwyn) (Entered: 03/17/2008)
373 MOTION to Withdraw as Attorney by Defendant Albertson's LLC. (Attachments: # 1 Exhibit A, # 2 Proposed Order (PDF Only))(Talley, Kimberly) (Entered: 03/17/2008)

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03/18/2008 03/18/2008 03/18/2008 03/19/2008 03/27/2008 03/28/2008 04/01/2008 04/02/2008 04/02/2008 04/02/2008
04/02/2008 04/02/2008
04/02/2008

374 MEMORANDUM regarding 373 MOTION to Withdraw as Attorney filed by Albertson's LLC. Motions referred to Magistrate Judge Boyd N. Boland. Referred by Judge Wiley Y. Daniel on 3/18/08. (Text Only Entry − No Document Attached) (wydcd, rrk) (Entered: 03/18/2008)
375 Unopposed MOTION for Extension of Time to File Response/Reply as to 356 MOTION to Bifurcate Trial by Defendant Albertson's LLC. (Attachments: # 1 Proposed Order (PDF Only))(Gartner, Lawrence) (Entered: 03/18/2008)
376 MINUTE ORDER granting 375 Albertsons LLC Unopposed Motion for Extension of Time to File Response to Pla's Motion to Bifurcate Trial to and incl 3/27/08, by Judge Wiley Y. Daniel on 3/18/08.(erv, ) (Entered: 03/19/2008)
377 MINUTE ORDER granting 373 Motion to Withdraw as Attorney. Attorney Kimberly Maria Talley terminated, by Magistrate Judge Boyd N. Boland on 3/19/08.(erv, ) (Entered: 03/19/2008)
378 RESPONSE to Motion re 356 MOTION to Bifurcate Trial filed by Defendant Albertson's LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Gartner, Lawrence) (Entered: 03/27/2008)
379 MOTION for Leave to File Excess Pages and File Separate Motions for Summary Judgment for Each Plaintiff by Defendant Albertson's LLC. (Attachments: # 1 Proposed Order (PDF Only))(Gusha, Stefanie) (Entered: 03/28/2008)
380 RESPONSE to Motion re 379 MOTION for Leave to File Excess Pages and File Separate Motions for Summary Judgment for Each Plaintiff filed by Intervenor Parties Christopher Adams, James Steadham, Luis Solis Gonzalez, Nate Valentine. (Martinez, William) (Entered: 04/01/2008)
381 RESPONSE to Motion re 379 MOTION for Leave to File Excess Pages and File Separate Motions for Summary Judgment for Each Plaintiff filed by Plaintiff Equal Employment Opportunity Commission. (Winston, David) (Entered: 04/02/2008)
382 RESPONSE to Motion re 379 MOTION for Leave to File Excess Pages and File Separate Motions for Summary Judgment for Each Plaintiff filed by Intervenor James L Baxter. (Schaefer, Elwyn) (Entered: 04/02/2008)
383 MINUTE ORDER granting in part and denying in part 379 Motion for Leave to File Excess Pages. The portion of the motion that seeks to file separate motions for summary judgment for each Plaintiff is denied. This request is excessive. The portion of the motion that seeks in the alternative to file two motions that exceed the page limits imposed in my Practice Standards is granted in part. Defendant Albertson's LLC may file a summary judgment motion that will not exceed 40 pages in length, irrespective of the statement of facts, as to the pattern and practice claims of the EEOC. Defendant may file a summary judgment motion that will not exceed 50 pages in length, irrespective of the statement of facts, as to the collective claims of the intervenors., by Judge Wiley Y. Daniel on 4/2/08.(erv, ) (Entered: 04/02/2008)
384 Joint MOTION for Leave to File Excess Pages by Plaintiff Equal Employment Opportunity Commission. (Winston, David) (Entered: 04/02/2008)
385 MOTION for Leave to Take an Additional 23 Depositions and for an Order for Leave to Conduct Certain Depositions After the Presently Scheduled Discovery Cut−Off by Defendant Albertson's LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Deposition Excerpts 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Proposed Order (PDF Only))(Gusha, Stefanie) (Entered: 04/02/2008)
386 MINUTE ORDER granting 384 Joint Motion for Leave to File Excess Pages. The EEOC and Defendant are each granted a ten−page extension of the page limit for the EEOC's motion for partial summary judgment and Defendant'sresponsive brief.by Judge Wiley Y. Daniel on 4/2/08.(erv, ) (Entered: 04/03/2008)

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04/03/2008
04/03/2008 04/04/2008 04/04/2008 04/04/2008
04/07/2008 04/07/2008 04/07/2008
04/07/2008 04/07/2008 04/07/2008 04/07/2008 04/08/2008 04/08/2008

387 MEMORANDUM regarding 385 MOTION for Leave to Take an Additional 23 Depositions and for an Order for Leave to Conduct Certain Depositions After the Presently Scheduled Discovery Cut−Off filed by Albertson's LLC. Motions referred to Magistrate Judge Boyd N. Boland. Referred by Judge Wiley Y. Daniel on 4/3/08. (Text Only Entry − No Document Attached) (wydcd, rrk) (Entered: 04/03/2008)
388 MOTION For Extension of Time to File Summary Judgment Motions by Defendant Albertson's LLC. (Attachments: # 1 Proposed Order (PDF Only))(Gusha, Stefanie) (Entered: 04/03/2008)
389 Docket Annotation re: 388 MOTION For Extension of Time to File Summary Judgment Motions, This Motion has been terminated and will be refiled as a wrong PDF Order was inadvertently attached. Text only entry − no document attached (erv, ) (Entered: 04/04/2008)
390 MOTION For Extension of Time to File Summary Judgment Motions by Defendant Albertson's LLC. (Attachments: # 1 Proposed Order (PDF Only))(Gusha, Stefanie) (Entered: 04/04/2008)
391 MINUTE ORDER re: 385 MOTION for Leave to Take an Additional 23 Depositions and for an Order for Leave to Conduct Certain Depositions After the Presently Scheduled Discovery Cut−Off, filed by Albertson's LLC; IT IS ORDERED that the parties shall respond to the Motion on or before April 22, 2008. No reply will be accepted without leave of court. Motion Hearing set for 4/24/2008 09:30 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland.. Signed by Magistrate Judge Boyd N. Boland on 4/4/08. (erv, ) (Entered: 04/04/2008)
392 RESPONSE to Motion re 390 MOTION For Extension of Time to File Summary Judgment Motions filed by Intervenor Parties Christopher Adams, James Steadham, Luis Solis Gonzalez, Nate Valentine. (Martinez, William) (Entered: 04/07/2008)
393 MINUTE ORDER Motion Hearing set for 4/29/2008 08:30 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland., by Magistrate Judge Boyd N. Boland on 4/7/08. (erv, ) (Entered: 04/07/2008)
394 MOTION to Compel Intervenor James Baxter by Defendant Albertson's LLC. (Attachments: # 1 Declaration of Sheila Golembiowski, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Proposed Order (PDF Only))(Mandelson, Richard) (Entered: 04/07/2008)
395 MINUTE ORDER granting 390 Dft Motion for Extension of Time toFile Summary Judgment Motions to and inc; 4/28/08,by Judge Wiley Y. Daniel on 4/7/08.(erv, ) (Entered: 04/07/2008)
396 MEMORANDUM regarding 394 MOTION to Compel Intervenor James Baxter filed by Albertson's LLC. Motions referred to Magistrate Judge Boyd N. Boland. Referred by Judge Wiley Y. Daniel on 4/7/08. (Text Only Entry − No Document Attached) (wydcd, rrk) (Entered: 04/07/2008)
397 Unopposed MOTION For Extension of Time to by Plaintiff Equal Employment Opportunity Commission. (Winston, David) (Entered: 04/07/2008)
398 Unopposed MOTION For Extension of Time to by Plaintiff Equal Employment Opportunity Commission. (Winston, David) (Entered: 04/07/2008)
399 MOTION to Withdraw as Attorney of Record by Defendant Albertson's LLC. (Imara, Tazamisha) (Entered: 04/08/2008)
400 MINUTE ORDER re: 394 MOTION to Compel Intervenor James Baxter filed by Albertson's LLC, Parties shall respond to the Motion on or before 4/25/08. No Reply will be accepted without leave of court; Motion Hearing set for 4/29/2008 08:30 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. by Magistrate Judge Boyd N. Boland on 4/8/08. (erv, ) (Entered: 04/08/2008)

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04/08/2008 04/08/2008 04/09/2008 04/10/2008 04/11/2008 04/11/2008
04/14/2008 04/14/2008
04/14/2008
04/14/2008 04/17/2008

401 MEMORANDUM regarding 399 MOTION to Withdraw as Attorney of Record filed by Albertson's LLC. Motions referred to Magistrate Judge Boyd N. Boland. Referred by Judge Wiley Y. Daniel on 4/8/08. (Text Only Entry − No Document Attached) (wydcd, rrk) (Entered: 04/08/2008)
402 ORDER granting 397 Pla EEOC's Unopposed Motion for Extension of Time up to and incl 4/28/08, in which to file its motion for partial summary judgment; granting 398 Pla EEOC's Motion for Extension of Time to and incl 4/21/08 in which to file its reply to the motion to Bifurcate, by Judge Wiley Y. Daniel on 4/8/08.(erv, ) (Entered: 04/09/2008)
403 MINUTE ORDER granting 399 Motion to Withdraw as Attorney. Attorney Tazamisha Heshima Imara terminated. Signed by Magistrate Judge Boyd N. Boland on 4/9/08.(erv, ) (Entered: 04/10/2008)
404 MOTION for Protective Order Regarding Defendant's First Requests for Admissions by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Appendix A, # 2 Appendix B, # 3 Appendix C)(Winston, David) (Entered: 04/10/2008)
405 MEMORANDUM regarding 404 MOTION for Protective Order Regarding Defendant's First Requests for Admissions filed by Equal Employment Opportunity Commission. Motions referred to Magistrate Judge Boyd N. Boland. Referred by Judge Wiley Y. Daniel on 4/11/08. (Text Only Entry − No Document Attached) (wydcd, rrk) (Entered: 04/11/2008)
406 MOTION to Pursuant to FRCP Rules 30 and 26 for an Order Granting Seven Hours of Additional Time for Its Questioning at the Deposition of Matthew W. Ricks by Defendant Albertson's LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Proposed Order (PDF Only))(Gusha, Stefanie)(Modified on 4/14/2008 Motion was inadvertently filed again where the proposed Order should have been attached. Proposed Order was e−mailed to chambers)(erv2, ). (Entered: 04/11/2008)
407 MEMORANDUM regarding 406 MOTION to Pursuant to FRCP Rules 30 and 26 for an Order Granting Seven Hours of Additional Time for Its Questioning at the Deposition of Matthew W. Ricks filed by Albertson's LLC. Motions referred to Magistrate Judge Boyd N. Boland. Referred by Judge Wiley Y. Daniel on 4/14/08. (Text Only Entry − No Document Attached) (wydcd, rrk) (Entered: 04/14/2008)
408 MINUTE ORDER re: 404 MOTION for Protective Order Regarding Defendant's First Requests for Admissions Pursuant to FRCP Rules 30 and 26 for an Order Granting Seven Hours of Additional Time for Its Questioning at the Deposition of Matthew W. Ricks filed by Albertson's LLC; IT IS ORDERED that the parties shall respond to their respective Motions on or before May 5, 2008. No reply will be accepted without leave of court. Motion Hearing set for 6/10/2008 10:00 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. by Magistrate Judge Boyd N. Boland on 4/14/08. (erv, ) (Entered: 04/14/2008)
409 MINUTE ORDER IT IS ORDERED that the hearing set on docket nos. 385 and 394, for April 29, 2008 is VACATED AND RESET to June 10, 2008, at 10:00 a.m. in Courtroom A−401, Fourth Floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado 80294. Please remember that anyone seeking entry into the Alfred A. Arraj United States Courthouse will be required to show a valid photo identification. See D.C.COLO.LCivR 83.2B. IT IS FURTHER ORDERED that the Pretrial Conference set for June 10, 2008, is VACATED, to be reset at a later date. by Magistrate Judge Boyd N. Boland on 4/14/08. (erv, ) (Entered: 04/14/2008)
410 MEMORANDUM regarding 406 MOTION to Pursuant to FRCP Rules 30 and 26 for an Order Granting Seven Hours of Additional Time for Its Questioning at the Deposition of Matthew W. Ricks filed by Albertson's LLC. Motions referred to Magistrate Judge Boyd N. Boland, by Judge Wiley Y. Daniel on 4/14/08. (Text Only Entry − No Document Attached)(erv, ) (Entered: 04/15/2008)
411 NOTICE of Change of Address by David Andrew Winston (Winston, David) (Entered: 04/17/2008)

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412 REPLY to Response to Motion re 356 MOTION to Bifurcate Trial filed by Plaintiff Equal Employment Opportunity Commission. (Weeks, Nancy) (Entered: 04/21/2008)
413 BRIEF in Opposition re 385 MOTION for Leave to Take an Additional 23 Depositions and for an Order for Leave to Conduct Certain Depositions After the Presently Scheduled Discovery Cut−Off filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19)(Winston, David) (Entered: 04/22/2008)
414 RESPONSE to Motion re 394 MOTION to Compel Intervenor James Baxter filed by Intervenor James L Baxter. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3)(Schaefer, Elwyn) (Entered: 04/23/2008)
415 MOTION for Partial Summary Judgment by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Deposition Excerpts Frank, # 27 Deposition Excerpts Wood (30b6), # 28 Affidavit Kittle, # 29 Appendix Austin v. Denver, # 30 Appendix EEOC v. DNA, # 31 Appendix Student Mkt Grp v. Coll Part Inc., # 32 Appendix Tademy v Union Pacific)(Kittle, Rita) (Modified on 8/29/2008 415−5 and 415−26 have Been SEALED Pursuant to the 8/29 08 Order)(erv, ). Modified on 8/29/2008 (erv, ). (Entered: 04/28/2008)
416 Partial MOTION for Summary Judgment Against Intervenors Steadham, Baxter, Adams, Solis−Gonzalez and Motion for Summary Judgment Against Valentine by Defendant Albertson's LLC. (Gusha, Stefanie) (Entered: 04/28/2008)
417 BRIEF in Support re 416 Partial MOTION for Summary Judgment Against Intervenors Steadham, Baxter, Adams, Solis−Gonzalez and Motion for Summary Judgment Against Valentine (Exhibits with prefix "A" are filed attached to Motion for Summary Judgment Against EEOC) filed by Defendant Albertson's LLC. (Attachments: # 1 Exhibit B−1, # 2 Exhibit B−2, # 3 Exhibit B−3, # 4 Exhibit B−4, # 5 Exhibit B−5, # 6 Exhibit B−6, # 7 Exhibit B−7, # 8 Exhibit B−8)(Gusha, Stefanie) (Entered: 04/28/2008)
418 MOTION for Summary Judgment Or, In the Alternative, for Partial Summary Judgment Against the EEOC by Defendant Albertson's LLC. (Gartner, Lawrence) (Entered: 04/28/2008)
419 Unopposed MOTION to Seal Document Exhibit A−3 Filed In Support of Albertson's LLC's Motion for Summary Judgmenat Against EEOC by Defendant Albertson's LLC. (Attachments: # 1 Proposed Order (PDF Only))(Gusha, Stefanie) (Entered: 04/28/2008)
420 (UNSEALED)SEALED DOCUMENT by Defendant Albertson's LLC. (Gusha, Stefanie)(Modified on 7/28/2008 See Order 490 of 7/23/08 UNSEALING this document)(ervsl, ). (Entered: 04/28/2008)
421 BRIEF in Support of 418 Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment Against EEOC by Defendant Albertson's LLC. (Attachments: # 1 Exhibit A−1, # 2 Exhibit A−2, # 3 Exhibit A−3, # 4 Exhibit A−4, # 5 Exhibit A−5, # 6 Exhibit A−6, # 7 Exhibit A−7, # 8 Exhibit A−8, # 9 Exhibit A−9, # 10 Exhibit A−10, # 11 Deposition Excerpts A−11, # 12 Exhibit A−12, # 13 Exhibit A−13, # 14 Exhibit A−14, # 15 Exhibit A−15, # 16 Exhibit A−16, # 17 Exhibit A−17, # 18 Exhibit A−18, # 19 Deposition Excerpts A−19, # 20 Exhibit A−21, # 21 Exhibit A−23, # 22 Exhibit A−24, # 23 Affidavit A−25, # 24 Exhibit A−26, # 25 Affidavit A−27, # 26 Deposition Excerpts A−28, # 27 Exhibit A−29, # 28 Deposition Excerpts A−30, # 29 Exhibit A−31, # 30 Exhibit A−33, # 31 Deposition Excerpts A−34, # 32 Exhibit A−35, # 33 Exhibit A−38, # 34 Deposition Excerpts A−39, # 35 Exhibit A−40, # 36 Exhibit A−41, # 37 Exhibit

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A−42, # 38 Exhibit A−43, # 39 Exhibit A−44, # 40 Exhibit A−45, # 41 Deposition Excerpts A−46, # 42 Exhibit A−47, # 43 Exhibit A−48, # 44 Exhibit A−49, # 45 Exhibit A−50, # 46 Exhibit A−51, # 47 Exhibit A−52, # 48 Exhibit A−53, # 49 Exhibit A−54, # 50 Exhibit A−55, # 51 Exhibit A−56, # 52 Exhibit A−57, # 53 Exhibit A−58, # 54 Deposition Excerpts A−59, # 55 Exhibit A−60, # 56 Exhibit A−61, # 57 Exhibit A−62, # 58 Exhibit A−63, # 59 Exhibit A−64, # 60 Deposition Excerpts A−65, # 61 Exhibit A−66, # 62 Exhibit A−67)(Gartner, Lawrence) Modified on 7/8/2008 (erv, ). (Entered: 04/28/2008)
422 Exhibits in Support of 418 MOTION for Summary Judgment Against EEOC Exhibits A−32, A−36, A−37 by Defendant Albertson's LLC. (Attachments: # 1 Exhibit A−36, # 2 Exhibit A−37)(Gartner, Lawrence)(Modified on 7/8/2008 corrected linkage to reflect the Motion)(erv, ). (Entered: 04/28/2008)
423 Exhibit A−3, Brief Supporting Defendant Albertson's LLC., 417 Motion for Summary Judgment. (Public Entry for SEALED Document 420 , filed 4/28/08) Text Only Entry − No Document Attached(erv2, ) (Entered: 04/29/2008)
424 Unopposed MOTION for Leave to File Excess Pages in Response to Motion for Partial Summary Judgment by Intervenor Parties Christopher Adams, James Steadham, Luis Solis Gonzalez, Nate Valentine. (Martinez, William) (Entered: 05/01/2008)
425 ORDER granting 419 Motion to Seal Document 423 Exhibit A−3 Supporting Albertson's LLC Motion for Summary Judgment. Signed by Judge Wiley Y. Daniel on 5/2/08.(erv, ) (Entered: 05/02/2008)
426 MINUTE ORDER granting 424 Motion for Leave to File Excess Pages; Plaintiffs−Intervenors are granted leave to file a response brief in opposition to Defendant's summary judgment motion up to 50 pages in length, exclusive of their statement of facts.by Judge Wiley Y. Daniel on 5/2/08.(erv, ) (Entered: 05/02/2008)
427 RESPONSE to Motion re 404 MOTION for Protective Order Regarding Defendant's First Requests for Admissions filed by Defendant Albertson's LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Gartner, Lawrence) (Entered: 05/02/2008)
428 ERRATA re 421 Brief in Support of MOTION for Summary Judgment Against EEOC or, In the Alternative, Partial Summary Judgment by Defendant Albertson's LLC. (Attachments: # 1 Exhibit A−21, # 2 Exhibit A−23, # 3 Exhibit A−33)(Gartner, Lawrence) (Modified on 7/8/2008 to Reflect the correct Title of the pleading (erv, ). (Entered: 05/05/2008)
429 RESPONSE to Motion re 406 MOTION to Pursuant to FRCP Rules 30 and 26 for an Order Granting Seven Hours of Additional Time for Its Questioning at the Deposition of Matthew W. Ricks filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Winston, David) (Entered: 05/05/2008)
430 Unopposed MOTION For Extension of Time to to Respond to Defendants Motion for Summary Judgment 418 &421 &to Reply to Defendants Response to EEOCs Motion for Partial Summary Judgment 415 by Plaintiff Equal Employment Opportunity Commission. (Winston, David) (Entered: 05/09/2008)
431 MOTION for Leave to Reply to Defendants Response 427 to EEOCs Motion for Protective Order 404 by Plaintiff Equal Employment Opportunity Commission. (Winston, David) (Entered: 05/09/2008)
432 MEMORANDUM regarding 431 MOTION for Leave to Reply to Defendants Response 427 to EEOCs Motion for Protective Order 404 filed by Equal Employment Opportunity Commission. Motions referred to Magistrate Judge Boyd N. Boland. Referred by Judge Wiley Y. Daniel on 5/9/08. (wydcd, rrk) (Text Only Entry − No Document Attached) (Entered: 05/09/2008)
434 MINUTE ORDER granting 430 Motion for Extension of Time to Respond to Defendant's Motion for Summary Judgment 418 &421 and to Reply to Defendant's

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Response to EEOC's Motion for Partial Summary Judgment 415 430 ; The EEOC and Defendant have until June 20, 2008, within which to file their responses to the others respective motion for summary judgment. Furthermore, the EEOC and Defendant have until July 11, 2008, within which to file their replies to the others response to their respective motions for summary judgment.. Signed by Judge Wiley Y. Daniel on 5/9/08.(erv, ) (Entered: 05/12/2008)
433 RESPONSE to Motion re 431 MOTION for Leave to Reply to Defendants Response 427 to EEOCs Motion for Protective Order 404 filed by Defendant Albertson's LLC. (Gusha, Stefanie) (Entered: 05/11/2008)
435 ERRATA re 433 Response to Motion of Plaintiff EEOC for Leave to Reply to Defendant's Response 427 to EEOC's Motion for Protective Order 404 filed by Defendant Albertson's LLC. (Attachments: # 1 Exhibit 1)(Gartner, Lawrence) (Entered: 05/12/2008)
436 ORDER denying 431 Motion for Leave to Reply to EEOC's Motion for Protective Order. Signed by Magistrate Judge Boyd N. Boland on 5/12/08.(erv, ) (Entered: 05/12/2008)
437 Joint MOTION For Extension of Time to by Intervenor James L Baxter. (Schaefer, Elwyn) (Entered: 05/12/2008)
438 Minute ORDER granting Joint 437 Motion for Extension of Time. Intervenors have to 6/6/08 to file response to Defendant's Motion for Summary Judgment. Defendant has to 6/23/08 to file reply, by Judge Wiley Y. Daniel on 5/14/08.(gms, ) (Entered: 05/14/2008)
439 MOTION to Seal Document And Remove From Public Record Confidential Document by Defendant Albertson's LLC. (Attachments: # 1 Proposed Order (PDF Only))(Gartner, Lawrence) (Entered: 05/16/2008)
440 RESPONSE to Motion re 439 MOTION to Seal Document And Remove From Public Record Confidential Document filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Winston, David) (Entered: 05/22/2008)
441 MOTION to Exclude Testimony of Robert L. Atwell, Psy. D., Pursuant to Fed. R. Civ. P. 702 by Defendant Albertson's LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Proposed Order (PDF Only))(Gartner, Lawrence) (Entered: 06/02/2008)
442 Unopposed MOTION to Seal , Joined by Intervenor James L. Baxter, Exhibits Supporting Albertson's LLC's Motion to Exclude Testimony of Robert L. Atwell, Psy. D. by Defendant Albertson's LLC. (Attachments: # 1 Proposed Order (PDF Only))(Gartner, Lawrence) (Entered: 06/02/2008)
443 SEALED DOCUMENT by Defendant Albertson's LLC. (Attachments: # 1 Exhibit 2)(Gartner, Lawrence) (Entered: 06/02/2008)
444 Exhibit 1 and 2 to Albertson's 441 Motion to Exclude Testimony of Robert Atwell by Defendant Albertson's LLC, Intervenor Parties James L Baxter, Christopher Adams. (Public Entry for SEALED Document 443 , filed 6/2/08) Text Only Entry no Document attached)(erv, ) (Entered: 06/03/2008)
445 Unopposed MOTION for Leave to File Excess Pages by Plaintiff Equal Employment Opportunity Commission. (Winston, David) (Entered: 06/05/2008)
446 BRIEF in Opposition re 416 Partial MOTION for Summary Judgment Against Intervenors Steadham, Baxter, Adams, Solis−Gonzalez and Motion for Summary Judgment Against Valentine filed by Intervenor Parties Christopher Adams, James Steadham, Luis Solis Gonzalez, Nate Valentine. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27)(Martinez, William) (Entered: 06/06/2008)

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447 ORDER to Seal Exhibits. Granting Unopposed 442 Motion to Seal Exhibits Supporting Albertson's LLC's Motion to Exclude Testimony of Robert L. Atwell, Psy.D. Exhibits 1 and 2 are sealed until further order of court. Signed by Judge Wiley Y. Daniel on 6/9/08.(gmssl, ) (Entered: 06/09/2008)
448 MINUTE ORDER granting 445 Motion for Leave to File Excess Pagesfor Summary Judgment Response Brief. The EEOC may file a Response Brief in Opposition to Defendants Motion for Summary Judgment of up to 40 pages in length, exclusive of the statement of facts, by Judge Wiley Y. Daniel on 6/9/08.(erv, ) (Entered: 06/10/2008)
449 COURTROOM MINUTES − Minute Entry for proceedings held before Magistrate Judge Boyd N. Boland: GRANTING IN PART 385 Defendant Albertson's LLC's Motion Pursuant to 16 and 26 for an Order Granting Leave to Take an Additional 23 Depositions and for an Order for Leave to Conduct Certain Depositions After the Presently Scheduled Discovery Cut−Off as follows: 1) The EEOC shall submit a witness list identifying the witnesses that will be listed on the Pretrial Order on or before June 18, 2008; 2) Those witnesses shall be made available for deposition, each deposition not to exceed four hours in length. Defendant may not re−depose any witness that has been previously deposed. The depositions shall be completed by July 18, 2008;3) The submitted list is a final witness list and may not be amended except to avoid manifest injustice; DENYING 394 Defendant's Motion to Compel Intervenor James Baxter to Respond to Albertson's Discovery Requests or in the Alternative Motion for Leave to Serve Discovery Outside the Court's Discovery Deadline; DENYING 404 Plaintiff EEOC's Motion for Protective Order Regarding Defendant's First Requests for Admissions. Responses to the 189 admissions request are due on or before June 24, 2008; GRANTING IN PART 406 Defendant Albertson's LLC's Motion Pursuant to FRCP 30 and 26 for an Order Granting Seven Hours of Additional Time for Its Questioning at the Deposition of Matthew W. Ricks as follows: 1) Mr. Ricks' deposition is subject to the Court's earlier ruling on Doc. # 385; 2) The EEOC/Intervenors will be allowed an additional one−hour of deposition time;3) Mr. Bove shall inform counsel by June 18, 2008 as to whether or not there will be any problem with Mr. Ricks' appearance for said deposition. Motion Hearing held on 6/10/2008. Deposition discovery due by 6/18/2008. Proposed Pretrial Order due no later than 10:00 a.m. on 8/25/2008. Final Pretrial Conference set for 8/29/2008 at 10:00 AM before Magistrate Judge Boyd N. Boland. (Court Reporter FTR) (psfcd) (Entered: 06/11/2008)
450 ORDER re: 394 Denying MOTION to Compel Intervenor James Baxter filed by Albertson's LLC, 404 Denying MOTION for Protective Order Regarding Defendant's First Requests for Admissions filed by Equal Employment Opportunity Commission, 406 Granting MOTION to Pursuant to FRCP Rules 30 and 26 for an Order Granting Seven Hours of Additional Time for Its Questioning at the Deposition of Matthew W. Ricks filed by Albertson's LLC, 385 Granting in Part and Denying in Part MOTION for Leave to Take an Additional 23 Depositions and for an Order for Leave to Conduct Certain Depositions After the Presently Scheduled Discovery Cut−Off filed by Albertson's LLC; IT IS FURTHER ORDERED that a final pretrial conference will be held in this case on August 29, 2008, at 10:00 a.m., in Courtroom 401, 4th floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado. The proposed final pretrial order shall be prepared by the parties and submitted to the court no later than August 25, 2008, at 10:00 a.m.. Signed by Magistrate Judge Boyd N. Boland on 6/10/08. (erv, ) (Entered: 06/11/2008)
451 Unopposed MOTION For Extension of Time to Respond to Albertson's Daubert Motion [Doc. # 441] by Plaintiff Equal Employment Opportunity Commission. (Winston, David) (Entered: 06/12/2008)
452 MINUTE ORDER granting 451 Motion for Extension of Time to Respond to Albertson's Daubert Motion to and incl 7/18/08, by Judge Wiley Y. Daniel on 6/12/08.(erv, ) (Entered: 06/12/2008)
453 MINUTE ORDER: Settlement Conference set for 8/4/2008 09:00 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland, by Magistrate Judge Boyd N. Boland on 6/13/08. (gms, ) (Entered: 06/13/2008)

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454 Joint MOTION For Extension of Time to Respond to Summary Judgment by Plaintiff Equal Employment Opportunity Commission. (Winston, David) (Entered: 06/16/2008)
455 Unopposed MOTION For Extension of Time to Submit Witness List &Conclude Discovery by Plaintiff Equal Employment Opportunity Commission. (Winston, David) (Entered: 06/16/2008)
456 MOTION for Leave to File Excess Pages Re Reply Brief in Support of Defendant's Motion for Partial Summary Judgment Against Intervenors Steadham, Baxter, Adams and Solis−Gonzalez and Motion for Summary Judgment or, In the Alternative, Partial Summary Judgment Against Inervenor Valentine by Defendant Albertson's LLC. (Attachments: # 1 Proposed Order (PDF Only))(Gusha, Stefanie) (Entered: 06/16/2008)
457 TRANSCRIPT of Motions Hearing held on 6−10−08 before Magistrate Judge Boland. Pages: 1−55.

NOTICE − REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov.

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Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. Release of Transcript Restriction set for 9/15/2008. (Avery Woods Reporting, ) (Entered: 06/17/2008)
458 MEMORANDUM regarding 455 Unopposed MOTION For Extension of Time to Submit Witness List &Conclude Discovery filed by Equal Employment Opportunity Commission. Motions referred to Magistrate Judge Boyd N. Boland, by Judge Wiley Y. Daniel on 6/17/08. (Text Only Entry − No Document Attached)(erv, ) (Entered: 06/17/2008)
459 MINUTE ORDER granting 454 Motion for Extension of Time to Respond to Summary Judgment, by Judge Wiley Y. Daniel on 6/17/08.(erv, ) (Entered: 06/17/2008)
460 MINUTE ORDER granting 456 Motion for Leave to File Excess Pages on Reply Brief in Support of Defendant's Motion for Partial Summary Judgment Against Intervenors James Steadham, James Baxter, Christopher Adams and Luis Solis−Gonzales and Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment Against Intervenor Nate Valentine, by Judge Wiley Y. Daniel on 6/17/08.(erv, ) (Entered: 06/17/2008)
461 MINUTE ORDER granting 455 EEOC's Unopposed Motion for Extension of Time to Submit Witness List and Conclude Discover. Plaintiff has to and including June 25, 2008, to submit its witness list. The discovery cut−off is extended to and including July 25,2008, by Magistrate Judge Boyd N. Boland on 6/18/08.(erv, ) (Entered: 06/18/2008)
462 RESPONSE to Motion re 441 MOTION to Exclude Testimony of Robert L. Atwell, Psy. D., Pursuant to Fed. R. Civ. P. 702 filed by Intervenor James L Baxter. (Schaefer, Elwyn) (Entered: 06/19/2008)
463 Joint MOTION For Extension of Time to Respond &Reply to Summary Judgment by Plaintiff Equal Employment Opportunity Commission. (Winston, David) (Entered: 06/20/2008)
464 MINUTE ORDER granting 463 JOint Motion for Extension of Time to Respond and Reply to Summary Judgment. Responses to the summary judgment motions and Albertsons reply to the Intervenors' response to Albertson's Motion for Summary Judgment are due June 27, 2008. by Judge Wiley Y. Daniel on 6/20/08.(erv, ) (Entered: 06/23/2008)

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465 Witness List by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 List A, # 2 List B, # 3 List C, # 4 List D)(Winston, David) (Entered: 06/25/2008)
466 BRIEF in Opposition re 415 MOTION for Partial Summary Judgment filed by Defendant Albertson's LLC. (Attachments: # 1 Exhibit A−1, # 2 Exhibit A−4, # 3 Exhibit A−5, # 4 Exhibit A−8, # 5 Exhibit A−9, # 6 Exhibit A−10, # 7 Exhibit A−15, # 8 Exhibit A−16, # 9 Exhibit A−17, # 10 Exhibit A−18, # 11 Exhibit A−19, # 12 Exhibit A−21, # 13 Exhibit A−26, # 14 Exhibit A−27, # 15 Exhibit A−28, # 16 Exhibit A−29, # 17 Exhibit A−32, # 18 Exhibit A−34, # 19 Exhibit A−40, # 20 Exhibit A−41, # 21 Exhibit A−42, # 22 Exhibit A−43, # 23 Exhibit A−44, # 24 Exhibit A−45, # 25 Exhibit A−46, # 26 Exhibit A−50, # 27 Exhibit A−55, # 28 Exhibit A−60, # 29 Exhibit A−61, # 30 Exhibit A−66, # 31 Exhibit B−1, # 32 Exhibit B−2, # 33 Exhibit B−3, # 34 Exhibit B−4, # 35 Exhibit B−5, # 36 Exhibit B−6, # 37 Exhibit B−7, # 38 Exhibit B−8, # 39 Exhibit B−9, # 40 Exhibit B−10, # 41 Exhibit B−11, # 42 Exhibit B−12, # 43 Exhibit B−13)(Gartner, Lawrence) (Entered: 06/27/2008)
467 REPLY to Response to Motion re 416 Partial MOTION for Summary Judgment Against Intervenors Steadham, Baxter, Adams, Solis−Gonzalez and Motion for Summary Judgment Against Valentine filed by Defendant Albertson's LLC. (Attachments: # 1 Exhibit C−1, # 2 Exhibit C−2, # 3 Exhibit C−3, # 4 Affidavit C−4, # 5 Exhibit C−5, # 6 Exhibit C−6, # 7 Exhibit C−7, # 8 Exhibit C−8, # 9 Exhibit C−9, # 10 Exhibit C−10)(Gusha, Stefanie) (Entered: 06/27/2008)
468 BRIEF in Opposition re 421 MOTION for Summary Judgment Against EEOC filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Deposition Excerpts Adams, # 36 Deposition Excerpts Baxter, # 37 Deposition Excerpts Dennis, # 38 Deposition Excerpts Eirish 30b6, # 39 Deposition Excerpts Frank 30b6, # 40 Deposition Excerpts Gonzalez, # 41 Deposition Excerpts Hartley, # 42 Deposition Excerpts Hayes, # 43 Deposition Excerpts Jones, # 44 Deposition Excerpts K Wood 30b6, # 45 Deposition Excerpts Lopez, # 46 Deposition Excerpts M Wood 30b6, # 47 Deposition Excerpts Ma 30b6, # 48 Deposition Excerpts Martinez, # 49 Deposition Excerpts Miller, # 50 Deposition Excerpts Pullman, # 51 Deposition Excerpts Ricks, # 52 Deposition Excerpts Ruiz, # 53 Deposition Excerpts Scarff, # 54 Deposition Excerpts Sharits, # 55 Deposition Excerpts Slater, # 56 Deposition Excerpts Solis Gonsalez, # 57 Deposition Excerpts Steadham, # 58 Deposition Excerpts Textor, # 59 Deposition Excerpts Valentine, # 60 Affidavit Adams 2d dec, # 61 Affidavit Adams dec, # 62 Affidavit Armijo dec, # 63 Affidavit Baxter aff, # 64 Affidavit Baxter dec, # 65 Affidavit Breen dec, # 66 Affidavit Brooks dec, # 67 Affidavit Colbert dec, # 68 Affidavit Cooper dec, # 69 Affidavit Davis aff, # 70 Affidavit Dennis aff, # 71 Affidavit J Dennis aff, # 72 Affidavit Dixon dec, # 73 Affidavit Esquivel aff, # 74 Affidavit Frank dec, # 75 Affidavit Garduno dec, # 76 Affidavit Gold aff, # 77 Affidavit Grice dec, # 78 Affidavit Hernandez aff, # 79 Affidavit Jackson aff, # 80 Affidavit Langley dec, # 81 Affidavit J Lopez aff, # 82 Affidavit Martinez aff, # 83 Affidavit Minor dec, # 84 Affidavit Mitchell dec, # 85 Affidavit Montgomery dec, # 86 Affidavit Preston aff, # 87 Affidavit Ramirez dec, # 88 Affidavit Ray aff, # 89 Affidavit Rios dec, # 90 Affidavit Ruiz aff, # 91 Affidavit Slater aff, # 92 Affidavit Smoots aff, # 93 Affidavit Solis Gonzales dec, # 94 Affidavit Steadham 2d dec, # 95 Affidavit Steadham dec, # 96 Affidavit Teague dec, # 97 Affidavit Threats dec, # 98 Affidavit Turner dec, # 99 Affidavit Valentine 2d dec, # 100 Affidavit Valentine dec, # 101 Affidavit Vaughan dec, # 102 Affidavit Velasquez dec, # 103 Affidavit Watkins dec, # 104 Affidavit Young dec, # 105 Affidavit Kittle dec)(Winston, David) (Modified on 8/29/2008 to SEAL 468−4, 468−5, 468−6, 468−7, 468−8, 468−9, 468−13, 468−19, 468−20, 468−21, and 468−23. Pursuant to the 8/29/08 Minute Order)(erv, ). (Entered: 06/28/2008)
469 MOTION to Strike Inadmissible Evidence Under Fed.R.Civ.P. 56(e) by Plaintiff Equal Employment Opportunity Commission, Intervenor Parties James L Baxter,

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07/03/2008 07/03/2008 07/07/2008
07/08/2008 07/08/2008 07/09/2008 07/11/2008 07/14/2008 07/14/2008 07/14/2008

Christopher Adams, James Steadham, Luis Solis Gonzalez, Nate Valentine. (Kittle, Rita) (Entered: 06/30/2008)
470 MINUTE ORDER re: 466 Brief in Opposition to Motion for Partial Summary Judgment, filed by Albertson's LLC and 468 Brief in Opposition to Motion for Summary Judgment, filed by Equal Employment Opportunity Commission. The EEOC's Additional Relevent Facts secion and the Statement of Additional Facts shall be construed as the parties' "Statement of Additional Disputed Facts,"by Judge Wiley Y. Daniel on 7/3/08. (gmssl, ) (Entered: 07/03/2008)
471 Joint MOTION for Extension of Time to File Response/Reply as to 418 MOTION for Summary Judgment Against EEOC 415 MOTION for Partial Summary Judgment Against Albertson's LLC, Joint MOTION for Leave to File Excess Pages on Reply Brief by Defendant Albertson's LLC. (Attachments: # 1 Proposed Order (PDF Only))(Gusha, Stefanie) Modified on 7/8/2008 to correct the linkage)(erv, ). (Entered: 07/03/2008)
472 Minute ORDER granting Joint 471 Motion to Extend Page Limit on Reply Brief and Extend the Time to File Reply Brief. Albertson's may file reply brief in support of its motion for summary judgment or, in the alternative partial summary judgment against the EEOC in excess of the 10 page limitation, but not to exceed 35 pages. EEOC may file a reply brief in support of its motion for partial summary judgment against Albertsons in excess of the 10 page limitation, but not to exceed 20 pages. Albertsons and EEOC have up to and including, July 30, 2008, to file their respective replies, by Judge Wiley Y. Daniel on 7/7/08.(gms, ) (Entered: 07/07/2008)
473 Docket Annotation re: 421 Brief in Support of Motion for Summary Judgment, This was originally docketed as a Motion, it is a Brief in Support of the 418 Motion for Summary Judgment, which it now reflects, Text only entry − no document attached (erv, ) (Entered: 07/08/2008)
474 Unopposed MOTION to Amend/Correct/Modify 465 Witness List by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Document Plaintiff EEOC's First Amended Trial Witness List, # 2 Proposed Document First Amended Witness List A, # 3 Proposed Document First Amended Witness List B, # 4 Proposed Document First Amended Witness List C, # 5 Proposed Document First Amended Witness List D)(Winston, David) (Entered: 07/08/2008)
475 MEMORANDUM regarding 474 Unopposed MOTION to Amend/Correct/Modify 465 Witness List Unopposed MOTION to Amend/Correct/Modify 465 Witness List filed by Equal Employment Opportunity Commission. Motions referred to Magistrate Judge Boyd N. Boland, by Judge Wiley Y. Daniel on 7/9/08. (Text Only Entry − No Document Attached)(erv, ) (Entered: 07/09/2008)
476 MOTION For Extension of Time to Complete Depositions of Trial Witnesses Designated by Plaintiff Equal Employment Opportunity Commission by Defendant Albertson's LLC. (Attachments: # 1 Exhibit 1, # 2 Proposed Order (PDF Only))(Gartner, Lawrence) (Entered: 07/11/2008)
477 BRIEF in Opposition re 476 MOTION For Extension of Time to Complete Depositions of Trial Witnesses Designated by Plaintiff Equal Employment Opportunity Commission filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Kittle, Rita) (Entered: 07/14/2008)
478 MEMORANDUM regarding 476 MOTION For Extension of Time to Complete Depositions of Trial Witnesses Designated by Plaintiff Equal Employment Opportunity Commission filed by Albertson's LLC. Motion referred to Magistrate Judge Boyd N. Boland. Referred by Judge Wiley Y. Daniel on 7/14/08. (Text Only Entry − No Document Attached) (wydcd, rrk) (Entered: 07/14/2008)
479 MINUTE ORDER re: 476 MOTION For Extension of Time to Complete Depositions of Trial Witnesses Designated by Plaintiff Equal Employment Opportunity Commission filed by Albertson's LLC, Motion Hearing set for

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07/14/2008 07/14/2008 07/15/2008 07/15/2008
07/17/2008 07/17/2008
07/17/2008
07/17/2008 07/18/2008 07/18/2008
07/18/2008 07/23/2008 07/25/2008 07/25/2008

7/28/2008 08:30 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. by Magistrate Judge Boyd N. Boland on 7/14/08. (erv, ) (Entered: 07/14/2008)
480 ORDER granting 474 Pla's Unopposed Motion to Amend Trial Witness List. Signed by Magistrate Judge Boyd N. Boland on 7/14/08.(erv, ) (Entered: 07/15/2008)
481 FIRST AMENDED Trial Witness List by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Amended Witness List A, # 2 Amended Witness List B, # 3 Amended Witness List C, # 4 Amended Witness List D)(erv, ) (Entered: 07/15/2008)
482 MOTION For Extension of Time to Respond to Albertson's Daubert Motion [Doc 441] by Plaintiff Equal Employment Opportunity Commission. (Winston, David) (Entered: 07/15/2008)
483 MINUTE ORDER granting 482 Pla's Motion for Extension of Time to Respond to Albertsons Daubert Motion to and incl 8/8/08; Due to a scheduling conflict with a ten (10) day criminal jury trial, the hearing on pending motions set for Tuesday, August 19, 2008, at 3:00 p.m. is VACATED and will have to be reset. by Judge Wiley Y. Daniel on 7/15/08.(erv, ) (Entered: 07/16/2008)
484 Unopposed MOTION to Vacate 453 Order, Set/Reset Hearings the Settlement Conference by Defendant Albertson's LLC. (Attachments: # 1 Proposed Order (PDF Only))(Gartner, Lawrence) (Entered: 07/17/2008)
485 MEMORANDUM regarding 484 Unopposed MOTION to Vacate 453 Order, Set/Reset Hearings the Settlement Conference filed by Albertson's LLC. Motion referred to Magistrate Judge Boyd N. Boland. Referred by Judge Wiley Y. Daniel on 7/17/08. (Text Only Entry − No Document Attached) (wydcd, rrk) (Entered: 07/17/2008)
486 MINUTE ORDER granting 484 Unopposed Motion to Vacate and Reschedule the Settlement Conference, the Settlement Conference set for August 4, 2008, is vacated and reset to August 11, 2008, at 1:30 p.m., in Chambers A−442, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado 80294. by Magistrate Judge Boyd N. Boland on 7/17/08.(erv, ) (Entered: 07/17/2008)
487 Utility Resetting Deadlines: Settlement Conference set for 8/11/2008 01:30 PM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. Text only entry − no document attached. (erv, ) (Entered: 07/17/2008)
488 Unopposed MOTION for Extension of Time to File Response/Reply as to 469 MOTION to Strike Inadmissible Evidence Under Fed.R.Civ.P. 56(e) by Defendant Albertson's LLC. (Attachments: # 1 Proposed Order (PDF Only))(Gusha, Stefanie) (Entered: 07/18/2008)
489 MINUTE ORDER granting 488 Motion for Extension of Time to File Response to theEEOCs and Intervenors' Motion to Strike Inadmissible Evidence Under Fed.R.Civ.P., Albertson' s shall file a response to the EEOCs and Intervenors' Motion to Strike on or before July 30, 2008.. Signed by Judge Wiley Y. Daniel on 7/18/08.(erv, ) (Entered: 07/21/2008)
490 ORDER denying 439 Dft Albertson's LLC Motion to Seal a Confidential Document (filed May 16, 2008). Signed by Judge Wiley Y. Daniel on 7/18/08.(erv, ) (Entered: 07/21/2008)
491 MINUTE ORDER Motion Hearing Reset for 9/30/2008 02:00 PM in Courtroom A1002 before Judge Wiley Y. Daniel. The hearing is set for three (3) hours. by Judge Wiley Y. Daniel on 7/23/08. (erv, ) (Entered: 07/23/2008)
492 Joint MOTION For Extension of Time to Reply to Summary Judgment and to EEOC's and Intervenors' Motion to Strike by Plaintiff Equal Employment Opportunity Commission. (Winston, David) (Entered: 07/25/2008)
494 MINUTE ORDER granting 492 Motion for Extension of Time to Reply to Summary Judgment and EEOC's and Intervenors' Motion to Strike. The EEOC and

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07/28/2008 07/28/2008 07/28/2008 07/28/2008
07/29/2008 08/06/2008

Albertsons, Inc. Have up to and including Monday, August 11, 2008, in which to file their reply briefs. by Judge Wiley Y. Daniel on 7/25/08.(erv, ) (Entered: 07/28/2008)
493 Docket Annotation re: 420 Sealed Document,Pursuant to the Order of 7/23/08 490 Dfts Motion to SEAL this document was DENIED. It has been UNSEALED. Text only entry − no document attached (erv, ) (Entered: 07/28/2008)
495 Minute Entry for proceedings held before Magistrate Judge Boyd N. Boland. ORDERED:Albertsons LLCS motion for extension of time to complete depositions of trial witnesses designated by plaintiff Equal Employment Opportunity Commission filed July 11, 2008; Doc. 476 is granted as stated on the record.All depositions to be completed on or before August 29, 2008. By 4:00 p.m. today the parties will file a schedule, as to what depositions will be taken and when they will be taken.No deposition will be altered without an order. Motion Hearing held on 7/28/2008. (Court Reporter FTR−G.Mattei.) (bnbcd, ) (Entered: 07/28/2008)
496 DEPOSITION SCHEDULE re 495 Order on Motion for Extension of Time, Motion Hearing,,,, Joint Proposed Deposition Schedule for All Remaining Depositions to be Taken in the Case by Defendant Albertson's LLC. (Attachments: # 1 Pages Proposed Deposition Schedule)(Gusha, Stefanie) (Entered: 07/28/2008)
497 ORDER GRANTING 476 MOTION For Extension of Time to Complete Depositions of Trial Witnesses Designated by Plaintiff Equal Employment Opportunity Commission filed by Albertson's LLC. IT IS ORDERED that the Motion is GRANTED. Albertsons may have to and including August 29, 2008, within which to complete the depositions of the EEOCs trial witnesses. No further extension of this deadline will be allowed. IT IS FURTHER ORDERED that the parties shall confer and shall either (1) file by 4:00 p.m. today (July 28, 2008) a schedule for all remaining trial witness depositions to be taken or (2) appear at 4:00 p.m. today (July 28, 2008) in Courtroom 401, 4th floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado, for a hearing at which time I shall set the deposition schedule. IT IS FURTHER ORDERED that the parties shall confer and shall either (1) file by 4:00 p.m. today (July 28, 2008) a schedule for all remaining trial witness depositions to be taken or (2) appear at 4:00 p.m. today (July 28, 2008) in Courtroom 401, 4th floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado, for a hearing at which time I shall set the deposition schedule. IT IS FURTHER ORDERED that the final pretrial conference set for August 29, 2008, at 10:00 a.m., is VACATED and RESET to September 15, 2008, at 8:30 a.m., in Courtroom 401, 4th floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado. The parties shall submit to the court a proposed final pretrial order on or before September 8, 2008.. Signed by Magistrate Judge Boyd N. Boland on 7/28/08. (erv, ) (Entered: 07/28/2008)
498 ORDER re: 496 Proposed Deposition Schedule, filed by Albertson's LLC; It is ORDERED that the Porposed Depo Schedule is hereby made an Order of the Court, and the depositions of the listed witnesses shall be taken, if at all, only on the dates and times specified in deposition schedule. IT IS FURTHER ORDERED that the deposition Schedule may be varied only by Order of the Court.. Signed by Magistrate Judge Boyd N. Boland on 7/28/08. (erv, ) (Entered: 07/29/2008)
499 TRANSCRIPT of Motions Hearing held on 7−28−08 before Magistrate Judge Boland. Pages: 1−28.
NOTICE − REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov.
Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. Release of Transcript Restriction set for 11/4/2008. (Avery Woods

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08/06/2008 08/08/2008
08/12/2008
08/12/2008 08/12/2008 08/14/2008 08/14/2008 08/14/2008 08/18/2008 08/18/2008 08/18/2008 08/18/2008 08/18/2008

Reporting, ) (Entered: 08/06/2008)
500 Unopposed MOTION For Extension of Time by Plaintiff Equal Employment Opportunity Commission. (Winston, David) (Entered: 08/06/2008)
501 MINUTE ORDER granting 500 Pla's Unopposed Motion for Extension of Time. EEOC shall respond to Albertsons Daubert Motion not later than Monday, August 18, 2008. Albertsons shall file its reply not later than Friday, September 12, 2008. Any reply to the others response to their respective motions for summary judgment, and for Albertsons to respond to EEOCs and Intervenors motion to strike shall be filed not later than Monday, August 18, 2008. by Judge Wiley Y. Daniel on 8/8/08.(erv, ) (Entered: 08/08/2008)
502 Unopposed MOTION for Leave to Amend Trial Witness List by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Document EEOC's 2nd Amended Trial Witness List, # 2 Proposed Document EEOC's 2nd Amended Witness List A, # 3 Proposed Document EEOC's 2nd Amended Witness List B, # 4 Proposed Document EEOC's 2nd Amended Witness List C, # 5 Proposed Document EEOC's 2nd Amended Witness List D)(Winston, David) (Entered: 08/12/2008)
503 MEMORANDUM regarding 502 Unopposed MOTION for Leave to Amend Trial Witness Listfiled by Equal Employment Opportunity Commission. Motions referred to Magistrate Judge Boyd N. Boland, by Judge Wiley Y. Daniel on 8/12/08. (Text Only Entry − No Document Attached)(erv, ) (Entered: 08/12/2008)
504 MINUTE ORDER Motion Hearing Reset for 10/2/2008 02:00 PM in Courtroom A1002 before Judge Wiley Y. Daniel. by Judge Wiley Y. Daniel on 8/12/08. (erv, ) (Entered: 08/12/2008)
505 MINUTE ORDER the Settlement Conference set for August 11, 2008, is vacated and Reset. Settlement Conference set for 11/3/2008 01:30 PM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. by Magistrate Judge Boyd N. Boland on 8/14/08. (erv, ) (Entered: 08/14/2008)
506 Unopposed MOTION to Continue the Deposition of Nathan Young by Defendant Albertson's LLC. (Attachments: # 1 Proposed Order (PDF Only))(Gusha, Stefanie) (Entered: 08/14/2008)
507 MEMORANDUM regarding 506 Unopposed MOTION to Continue the Deposition of Nathan Young filed by Albertson's LLC. Motion referred to Magistrate Judge Boyd N. Boland. Referred by Judge Wiley Y. Daniel on 8/14/08. (Text Only Entry − No Document Attached) (wydcd, rrk) (Entered: 08/14/2008)
508 RESPONSE to Motion re 469 MOTION to Strike Inadmissible Evidence Under Fed.R.Civ.P. 56(e) filed by Defendant Albertson's LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Gusha, Stefanie) (Entered: 08/18/2008)
509 MINUTE ORDER granting 506 Unopposed Motion to Continue the Deposition of Nathan Young by Magistrate Judge Boyd N. Boland on 8/18/08.(erv, ) (Entered: 08/18/2008)
510 Unopposed MOTION for Order to Participate by Telephone by Intervenor James L Baxter. (Attachments: # 1 Proposed Order (PDF Only) Regarding Intervenor Baxter's Unopposed Motion to Participate by Telephone)(Schaefer, Elwyn) (Entered: 08/18/2008)
511 MEMORANDUM regarding 510 Unopposed MOTION for Order to Participate by Telephone filed by James L Baxter. Motion referred to Magistrate Judge Boyd N. Boland. Referred by Judge Wiley Y. Daniel on 8/18/08. (Text Only Entry − No Document Attached) (wydcd, rrk) (Entered: 08/18/2008)
512 BRIEF in Opposition re 441 MOTION to Exclude Testimony of Robert L. Atwell, Psy. D., Pursuant to Fed. R. Civ. P. 702 and Request for Evidentiary Hearing filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Atwell Vita, # 2 Exhibit Handelsman Vita, # 3 Exhibit Mays Vita, # 4 Exhibit Murray Vita, # 5 Deposition Excerpts Atwell Deposition, # 6 Affidavit

Case: 1:06-cv-1273 As of: 06/03/2017 11:45 AM MDT 50 of 59

08/18/2008
08/18/2008 08/18/2008 08/18/2008 08/18/2008 08/18/2008 08/19/2008
08/21/2008 08/22/2008 08/22/2008 08/25/2008

Alleyne Declaration, # 7 Affidavit Atwell Declaration, # 8 Affidavit Ewers Declaration, # 9 Affidavit Kittle Declaration, # 10 Affidavit Morrison Declaration)(Winston, David) (Entered: 08/18/2008)
513 MOTION to Supplement 418 MOTION for Summary Judgment Or, In the Alternative, for Partial Summary Judgment Against the EEOC by Defendant Albertson's LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Proposed Order (PDF Only))(Gusha, Stefanie) (Entered: 08/18/2008)
514 Unopposed MOTION to Seal Document Identified as Exhibits 1−14 in the Supplemental Affidavit of Katina Wood by Defendant Albertson's LLC. (Attachments: # 1 Proposed Order (PDF Only))(Gusha, Stefanie) (Entered: 08/18/2008)
515 SEALED DOCUMENT by Defendant Albertson's LLC. (Attachments: # 1 Exhibit 2, # 2 Exhibit 3, # 3 Exhibit 4, # 4 Exhibit 4 continuation, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14)(Gusha, Stefanie) (Entered: 08/18/2008)
516 REPLY to Response to Motion re 415 MOTION for Partial Summary Judgment filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 26, # 2 Exhibit 27, # 3 Exhibit 28, # 4 Exhibit 29, # 5 Exhibit 30, # 6 Affidavit Gold Declaration, # 7 Affidavit Winston declaration, # 8 Appendix Level 3 v. Liebert Corp)(Kittle, Rita) (Entered: 08/18/2008)
517 REPLY to Response to Motion re 418 MOTION for Summary Judgment Or, In the Alternative, for Partial Summary Judgment Against the EEOC filed by Defendant Albertson's LLC. (Attachments: # 1 Continuation of Main Document Part 2 Sections 2 &3, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8)(Gusha, Stefanie) (Entered: 08/18/2008)
519 Exhibit 1−14 Identified in the 513 Supplemental Affidavit of Katrina Wood by Defendant Albertson's LLC. (Public Entry for SEALED Document 515 , filed 8/18/08) Text Only Entry − No Document Attached(erv2, ) (Entered: 08/20/2008)
518 MINUTE ORDER re: 502 Unopposed MOTION for Leave to Amend Trial Witness List filed by Equal Employment Opportunity Commission, IT IS ORDERED that the parties shall respond to the Motion on or before September 8, 2008. No reply will be accepted without leave of court. Motion Hearing set for 9/15/2008 08:30 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. by Magistrate Judge Boyd N. Boland on 8/19/08. (erv, ) (Entered: 08/19/2008)
520 NOTICE re 356 MOTION to Bifurcate, 412 Reply to Response to Motion, 378 Response to Motion, Supplemental Authority by Plaintiff Equal Employment Opportunity Commission (Attachments: # 1 Appendix Doc 303, EEOC v. Outback, 06−cv−01935 EWN−KLM)(Winston, David) (Entered: 08/21/2008)
521 MINUTE ORDER granting 514 Unopposed Motion to Seal Document 519 Exhibits 1−14 Identified in the Supplemental Affidavit of Katina Wood, by Judge Wiley Y. Daniel on 8/22/08.(erv, ) (Entered: 08/22/2008)
522 MINUTE ORDER granting 510 Unopposed Motion for Order to Participate by Telephone and attorney Elwyn Schaefer may appear by telephone for the Pretrial Conference and hearing set for September 15, 2008, at 8:30 a.m. He is to call Chambers at the appropriate time at 303/844−6408. by Magistrate Judge Boyd N. Boland on 8/22/08.(erv, ) (Entered: 08/22/2008)
523 MOTION to Strike 468 Brief in Opposition to Motion,,,,,,,,,,,, Motion to Strike Inadmissible Evidence Submitted in Support of Plaintiff EEOC's Memorandum Brief in Opposition to Defendant's Motion for Summary Judgment by Defendant

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08/26/2008 08/29/2008 09/02/2008 09/03/2008 09/03/2008 09/04/2008 09/04/2008 09/04/2008 09/04/2008 09/08/2008
09/08/2008

Albertson's LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Proposed Order (PDF Only))(Gusha, Stefanie) (Entered: 08/25/2008)
524 Unopposed MOTION to Withdraw Document From the Public Record and Seal Certain Summary Judgment Exhibits by Plaintiff Equal Employment Opportunity Commission. (Winston, David) (Entered: 08/26/2008)
525 MINUTE ORDER granting 524 Motion to Withdraw Document from the Public Record and Seal Certain Summary Judgment Exhibits. The Clerk of Court shall remove from the Public Record and seal the following documents: Dkt. 415−5, 415−26, 468−4, 468−5, 468−6, 468−7, 468−8, 468−9, 468−13, 468−19, 468−20, 468−21, and 468−23. by Judge Wiley Y. Daniel on 8/29/08.(erv, ) (Entered: 08/29/2008)
526 REPLY to Response to Motion re 469 MOTION to Strike Inadmissible Evidence Under Fed.R.Civ.P. 56(e) filed by Plaintiff Equal Employment Opportunity Commission, Intervenor Parties James L Baxter, Christopher Adams, James Steadham, Luis Solis Gonzalez, Nate Valentine. (Kittle, Rita) (Entered: 09/02/2008)
527 Unopposed MOTION For Extension of Time to Provide Exhibit Lists by Plaintiff Equal Employment Opportunity Commission. (Winston, David) (Entered: 09/03/2008)
528 MOTION For Extension of Time to Respond to Albertson's Motions to Supplement the Record on Summary Judgment [Dkt 513] and to Strike [Dkt 523] by Plaintiff Equal Employment Opportunity Commission. (Winston, David) (Entered: 09/03/2008)
529 RESPONSE to Motion re 528 MOTION For Extension of Time to Respond to Albertson's Motions to Supplement the Record on Summary Judgment 513 and to Strike 523 filed by Defendant Albertson's LLC. (Gusha, Stefanie) (Entered: 09/04/2008)
530 MEMORANDUM regarding 527 Unopposed MOTION For Extension of Time to Provide Exhibit Lists filed by Equal Employment Opportunity Commission. Motions referred to Magistrate Judge Boyd N. Boland,by Judge Wiley Y. Daniel on 9/4/08. (Text Only Entry − No Document Attached)(erv, ) (Entered: 09/04/2008)
531 MINUTE ORDER re: 513 Plaintiff EEOCs Motion to Supplement the Record on Summary Judgment; and 523 Motion to Strike, the hearing set for October 2, 2008, at 2:00 p.m. is VACATED and RESET to Thursday, October 30, 2008, at 2:00 p.m. Due to the congestion in the Courts calendar, the parties are urged to make every effort to make themselves available this date. by Judge Wiley Y. Daniel on 9/4/08.(erv, ) (Entered: 09/04/2008)
532 Utility Resetting Hearings: Motion Hearing set for 10/30/2008 02:00 PM in Courtroom A1002 before Judge Wiley Y. Daniel. Text only entry − no document attached. (erv, ) (Entered: 09/04/2008)
533 MINUTE ORDER granting 527 Plaintiff's Unopposed Motion for Extension of Time to provide Exhibit List. The final pretrial conference set for September 15, 2008, at 8:30 a.m., is VACATED and RESET to November 12, 2008, at 9:00 a.m., in Courtroom 401, 4th floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado. A final pretrial order, including the exhibit list, shall be prepared by the parties and submittedd to the court no later than November 5, 2008. IT IS FURTHER ORDERED that the hearing on Plaintiff EEOCs Partially Unopposed Motion for Leave to Amend Trial Witness List, set for September 15, 2008, at 8:30 a.m., will occur as scheduled on September 15. by Magistrate Judge Boyd N. Boland on 9/8/08.(erv, ) (Entered: 09/08/2008)
534 Utility Resetting Deadlines/Hearings: Proposed Pretrial Order due by 11/5/2008. Final Pretrial Conference set for 11/12/2008 09:00 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. Text only entry − no document attached. (erv, ) (Entered: 09/08/2008)

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09/08/2008 09/09/2008 09/09/2008 09/09/2008 09/09/2008 09/10/2008
09/10/2008 09/11/2008 09/11/2008 09/11/2008 09/12/2008 09/12/2008

535 RESPONSE to Motion re 502 Unopposed MOTION for Leave to Amend Trial Witness List filed by Defendant Albertson's LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Gusha, Stefanie) (Entered: 09/08/2008)
536 MOTION to Reset Motion to Move Forward Date of Final Pretrial Conference by Plaintiff Equal Employment Opportunity Commission, Intervenor Parties James L Baxter, Christopher Adams, James Steadham, Luis Solis Gonzalez, Nate Valentine. (Martinez, William) (Entered: 09/09/2008)
537 MEMORANDUM regarding 536 MOTION to Reset Motion to Move Forward Date of Final Pretrial Conference filed by Luis Solis Gonzalez, Nate Valentine, James Steadham, Christopher Adams, Equal Employment Opportunity Commission, James L Baxter. Motion referred to Magistrate Judge Boyd N. Boland. Referred by Judge Wiley Y. Daniel on 9/9/08. (Text Only Entry − No Document Attached)(wydcd, rrk) (Entered: 09/09/2008)
538 RESPONSE to Motion re 536 MOTION to Reset Motion to Move Forward Date of Final Pretrial Conference filed by Defendant Albertson's LLC. (Gartner, Lawrence) (Entered: 09/09/2008)
539 REPLY to Response to Motion re 441 MOTION to Exclude Testimony of Robert L. Atwell, Psy. D., Pursuant to Fed. R. Civ. P. 702 filed by Defendant Albertson's LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Gartner, Lawrence) (Entered: 09/09/2008)
540 Unopposed MOTION for Leave to Reply to Albertson's Response [Dkt 535] to EEOC's Partially Unopposed Motion to Amend Trial Witness List [Dkt 502] by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Document Plaintiff EEOC's Reply to Albertson's Response [Dkt 535] to EEOC's Partially Unopposed Motion for Leave to Amend Trial Witness List [Dkt 502], # 2 Proposed Document Exhibit 1 − B. Davis Participation Agreement, # 3 Proposed Document Exhibit 2 − EEOC's 1st Response to Def's 2nd Set of Interrogs, # 4 Proposed Document Ex 3 − B. Davis Interview, # 5 Proposed Document Ex 4 − Formal Ethics Opinion 120, # 6 Proposed Document Ex 5 − Formal Ethics Opinion 93, # 7 Proposed Document Ex 6 − Formal Ethics Opinion 69, # 8 Proposed Document Ex 7 − Pre−2002 ABA Model Rule 4.2 comment, # 9 Proposed Document Ex 8 − 2004 ABA Model Rule 4.2 comment, # 10 Proposed Document Ex 9 − CRPC 4.2 (eff 1.8.08))(Winston, David) (Entered: 09/10/2008)
541 MEMORANDUM regarding 540 Unopposed MOTION for Leave to Reply to Albertson's Response [Dkt 535] to EEOC's Partially Unopposed Motion to Amend Trial Witness List [Dkt 502] filed by Equal Employment Opportunity Commission. Motion referred to Magistrate Judge Boyd N. Boland. Referred by Judge Wiley Y. Daniel on 9/10/08. (wydcd, rrk) (Text Only Entry − No Document Attached) (Entered: 09/10/2008)
542 Minute ORDER granting 540 Plaintiff EEOCs Motion for Leave to Reply to Albertsons Response [Dkt 535] to EEOCs Partially Unopposed Motion for Leave toAmend Trial Witness List [Dkt 502]. Clerk to accept the attachment for filing, by Magistrate Judge Boyd N. Boland on 9/11/08.(gms, ) (Entered: 09/11/2008)
543 Minute ORDER denying Plaintiffs' 536 Motion to Move Forward Date of Final Pretrial Conference, by Magistrate Judge Boyd N. Boland on 9/11/08.(gms, ) (Entered: 09/11/2008)
544 REPLY to Albertson's Response to EEOC's Partially 502 Unopposed MOTION for Leave to Amend Trial Witness List filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(gms, ) (Entered: 09/11/2008)
545 MOTION to Compel Shannon Breen to Respond to Questions She Refused to Answer Based on Deliberative Process Privilege by Defendant Albertson's LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B − Breen Deposition Excerpts, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Gartner, Lawrence) (Entered: 09/12/2008)
546 MEMORANDUM regarding 545 MOTION to Compel Shannon Breen to Respond to Questions She Refused to Answer Based on Deliberative Process Privilege filed

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by Albertson's LLC. Motion referred to Magistrate Judge Boyd N. Boland. Referred by Judge Wiley Y. Daniel on 9/12/08. (Text Only Entry − No Document Attached) (wydcd, rrk) (Entered: 09/12/2008)
547 MINUTE ORDER Setting Hearing on Motion 545 MOTION to Compel Shannon Breen to Respond to Questions She Refused to Answer Based on Deliberative Process Privilege: Parties shall respond to the Motion by 9/19/08. Motion Hearing set for 9/24/2008 01:30 PM in Courtroom A 401 before Magistrate Judge Boyd N. Boland, by Magistrate Judge Boyd N. Boland on 9/12/08. (jmp, ) (Entered: 09/12/2008)
548 MINUTE ORDER re: 545 MOTION to Compel Shannon Breen to Respond to Questions She Refused to Answer Based on Deliberative Process Privilege filed by Albertson's LLC, Reset Hearings: Motion Hearing Reset for 10/14/2008 03:00 PM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. IT IS FURTHER ORDERED that the plaintiffs shall respond to the Motion on or beforeOctober 2, 2008, and Albertsons shall reply on or before October 9, 2008. by Magistrate Judge Boyd N. Boland on 9/15/08. (erv, ) (Entered: 09/15/2008)
549 ORDER granting 502 Plaintiff EEOCs Partially Unopposed Motion for Leave to Amend Trial Witness List. IT IS ORDERED that the Motion is GRANTED, and the EEOCs witness list is modified a specified in the Motion. Signed by Magistrate Judge Boyd N. Boland on 9/15/08.(erv, ) (Entered: 09/15/2008)
550 Minute Entry for proceedings held before Magistrate Judge Boyd N. Boland. Motion Hearing held on 9/15/2008. ORDERED:Plaintiff EEOCs partially unopposed motion for leave to amend trial witness list filed August 12, 2008; Doc. 502 is granted as stated on the record. ORDERED: Oral motion by defendant for extension of time for response and to reset the hearing on ALBERTSONS LLCs motion to compel Shannon Breen to respond to questions she refused to answer based on deliberate process privilege is granted. The hearing on this motion set for September 24, 2008 is vacated and reset to October 14, 2008 at 3:00 p.m. Plaintiff shall respond to this motion on or before October 2, 2008. The reply is due on or before October 9, 2008. (Court Reporter FTR−G.Mattei.) (bnbcd, ) (Entered: 09/15/2008)
551 TRANSCRIPT of Motions Hearing held on 9−15−08 before Magistrate Judge Boland. Pages: 1−17.
NOTICE − REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov.
Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. Release of Transcript Restriction set for 12/22/2008. (Avery Woods Reporting, ) (Entered: 09/22/2008)
552 BRIEF in Opposition re 513 MOTION to Supplement 418 MOTION for Summary Judgment Or, In the Alternative, for Partial Summary Judgment Against the EEOC MOTION to Supplement 418 MOTION for Summary Judgment Or, In the Alternative, for Partial Summary Judgment Against the EEOC MOTION to Supplement 418 MOTION for Summary Judgment Or, In the Alternative, for Partial Summary Judgment Against the EEOC filed by Plaintiff Equal Employment Opportunity Commission, Intervenor Parties James L Baxter, Christopher Adams, James Steadham, Luis Solis Gonzalez, Nate Valentine. (Kittle, Rita) (Entered: 09/22/2008)
553 Unopposed MOTION for Leave to File Excess Pages by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order (PDF Only))(Gusha, Stefanie) (Entered: 09/23/2008)

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10/02/2008 10/03/2008

554 NOTICE re 356 MOTION to Bifurcate NOTICE BY PLAINTIFFS−INTERVENORS OF OFFICIAL PUBLICATION by Intervenor Parties Christopher Adams, James Steadham, Luis Solis Gonzalez, Nate Valentine (Martinez, William) (Entered: 09/23/2008)
555 MINUTE ORDER granting 553 Unopposed Motion for Leave to File Excess Pages ofMotion to Disqualify EEOC Attorney. Albertsons may file a motion that does not exceed 25 pages in length. Also, Plaintiff EEOC may also file a response to Albertsons motion that exceeds the page limits, up to and including 25 pages. by Judge Wiley Y. Daniel on 9/23/08.(erv, ) (Entered: 09/23/2008)
556 MOTION to Disqualify Counsel EEOC Attorneys by Defendant Albertson's LLC. (Attachments: # 1 Exhibit A − EEOC Regional Attorneys' Manual, # 2 Exhibit B − Davis depo excerpts, # 3 Exhibit C − Miller depo excerpts, # 4 Exhibit D − Valentine depo excerpts, # 5 Exhibit E − 8/4/06 letter, # 6 Exhibit F − 8/9/06 letter, # 7 Exhibit G − 8/24/06 letter, # 8 Exhibit H − 9/1/06 letter, # 9 Exhibit I − letter, # 10 Exhibit J − Esquivel depo excerpts, # 11 Exhibit K − Ray depo excerpts, # 12 Exhibit L − Coleman depo excerpts, # 13 Exhibit M − Dennis depo excerpts, # 14 Exhibit N − Young depo excerpts, # 15 Exhibit O − Young decl., # 16 Exhibit P − Dade depo excerpts, # 17 Exhibit Q − Moreno v. Autozone, Inc. case, # 18 Exhibit R − Hearing transcript, # 19 Exhibit S − Steadham depo excerpts, # 20 Exhibit T − legal authority)(Gartner, Lawrence) (Entered: 09/25/2008)
Motions terminated: 528 MOTION For Extension of Time to Respond to Albertson's Motions to Supplement the Record on Summary Judgment [Dkt 513] and to Strike [Dkt 523] filed by Equal Employment Opportunity Commission. Pursuant to the 9/4/08 Minute Order, by Judge Wiley Y. Daniel on 9/4/08. (erv, ) (Entered: 09/26/2008)
557 Unopposed MOTION for Extension of Time to File Response/Reply to Albertson's Motion to Strike by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order (PDF Only))(Weeks, Nancy) (Entered: 09/29/2008)
558 Unopposed MOTION for Leave to File Excess Pages by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order (PDF Only))(Weeks, Nancy) (Entered: 09/29/2008)
559 ORDER that the cross−motions for summary judgment or partial summary judgment will not be addressed at the October 30, 2008 hearing. The hearing will encompass the other motions as referenced in this Order. Signed by Judge Wiley Y. Daniel on 9/29/08. (erv, ) (Entered: 09/30/2008)
560 MINUTE ORDER granting 557 Motion for Extension of Time to File Response to Albertsons Motion to Strike to and incl 10/3/08; granting 558 Motion for Leave to File Excess Pages. EEOC may file a response to Albertson's motion to strike that does not exceed forty (40) pages in length. by Judge Wiley Y. Daniel on 9/29/08.(erv, ) (Entered: 09/30/2008)
561 BRIEF in Opposition re 545 MOTION to Compel Shannon Breen to Respond to Questions She Refused to Answer Based on Deliberative Process Privilege filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Affidavit EEOC Chair Naomi C. Earp w Ex. 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Deposition Excerpts Breen, # 30 Appendix EEOC v. Gold River, # 31 Appendix Key v. City of Palos Verdes)(Kittle, Rita) (Entered: 10/02/2008)
562 ERRATA re 468 Brief in Opposition to Motion,,,,,,,,,,,, by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Deposition Excerpts Valentine (Revised))(Winston, David) (Entered: 10/02/2008)
563 RESPONSE to Motion re 523 MOTION to Strike 468 Brief in Opposition to Motion, Motion to Strike Inadmissible Evidence Submitted in Support of Plaintiff EEOC's Memorandum Brief in Opposition to Defendant's Motion for Summary

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10/04/2008 10/06/2008 10/08/2008 10/10/2008
10/14/2008 10/14/2008 10/15/2008 10/21/2008 10/21/2008 10/22/2008
10/24/2008 10/27/2008

Judgment filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Deposition Excerpts Jesus Lopez, # 2 Exhibit 2 Chart re Admissibility of Declarations, # 3 Obrey v. England)(Weeks, Nancy) There was an error during the filing of this pleading. It has been refiled at 564 , see that pleading for being the operative Response) (Entered: 10/03/2008)
564 AMENDED RESPONSE to Motion re 523 MOTION to Strike 468 Brief in Opposition to Motion; filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Deposition Excerpts Exhibit 1 Jesus Lopez, # 2 Exhibit 2 Chart re, # 3 Obrey v. England)(Weeks, Nancy) (Entered: 10/04/2008)
565 Docket Annotation re: 563 Response to Motion, This pleading has an error within the filing of the documents. It has been refiled at 564 as the Operative Response, Text only entry − no document attached (erv, ) (Entered: 10/06/2008)
566 REPLY to Response to Motion re 545 MOTION to Compel Shannon Breen to Respond to Questions She Refused to Answer Based on Deliberative Process Privilege filed by Defendant Albertson's LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Gartner, Lawrence) (Entered: 10/08/2008)
567 REPLY to Response to Motion re 513 MOTION to Supplement 418 MOTION for Summary Judgment Or, In the Alternative, for Partial Summary Judgment Against the EEOC MOTION to Supplement 418 MOTION for Summary Judgment Or, In the Alternative, for Partial Summary Judgment Against the EEOC MOTION to Supplement 418 MOTION for Summary Judgment Or, In the Alternative, for Partial Summary Judgment Against the EEOC filed by Defendant Albertson's LLC. (Attachments: # 1 Exhibit A)(Gusha, Stefanie) (Entered: 10/10/2008)
568 MINUTE ORDER IT IS ORDERED that the settlement conference set for November 3, 2008, at 1:30 p.m., is VACATED to permit a private mediation scheduled for the same day. A settlement conference will be reset at the parties request. by Magistrate Judge Boyd N. Boland on 10/14/08. (erv, ) (Entered: 10/15/2008)
569 Minute Entry for proceedings held before Magistrate Judge Boyd N. Boland: Motion Hearing held on 10/14/2008. (Court Reporter FTR Cathy Coomes.) (erv, ) (Entered: 10/15/2008)
570 BRIEF in Opposition re 556 MOTION to Disqualify Counsel EEOC Attorneys filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11)(Struble, Stephanie) (Entered: 10/15/2008)
571 REPLY to Response to Motion re 523 MOTION to Strike 468 Brief in Opposition to Motion to Strike Inadmissable Evidence. by Albertson's LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Gusha, Stefanie) (Entered: 10/21/2008)
573 MINUTE ORDER Due to the fact that this case has been selected for reassignment to a new judge, the hearing set on Thursday, October 30, 2008, at 2:00 p.m. is VACATED, by Chief Judge Wiley Y. Daniel on 10/21/08. (erv, ) (Entered: 10/22/2008)
572 REASSIGNING JUDGE. This action is reassigned to Judge Christine M. Arguello, upon her appointment. All future pleadings should reference Judge Arguello at the end of the civil action number (such as 08−cv−00001−CMA). Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained and will now be handled by Judge Arguello in Courtroom A−602. Her chambers are located in Room A−638. Her telephone number is 303−335−2174. (Text only entry − no document attached) (gmssl, ) (Entered: 10/22/2008)
574 MEMORANDUM regarding 556 MOTION to Disqualify Counsel EEOC Attorneys filed by Albertson's LLC. Motions referred to Magistrate Judge Boyd N. Boland, by Judge Christine M. Arguello on 10/24/08. (Text Only Entry − No Document Attached)(erv, ) (Entered: 10/24/2008)
575 Joint MOTION to Amend/Correct/Modify Protective Order by Defendant Albertson's LLC. (Attachments: # 1 Proposed Order (PDF Only))(Gusha, Stefanie)

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11/12/2008 11/12/2008 11/12/2008
11/12/2008 11/12/2008

(Entered: 10/27/2008)
576 MEMORANDUM regarding 575 Joint MOTION to Amend/Correct/Modify Protective Order filed by Albertson's LLC. Motions referred to Magistrate Judge Boyd N. Boland, by Judge Christine M. Arguello on 10/28/08. (Text Only Entry − No Document Attached)(erv, ) (Entered: 10/28/2008)
577 REPLY to Response to Motion re 556 MOTION to Disqualify Counsel EEOC Attorneys filed by Defendant Albertson's LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Gartner, Lawrence) (Entered: 11/03/2008)
578 MINUTE ORDER re: 575 Joint MOTION to Amend Protective Order filed by Albertson's LLC, Motion Hearing set for 11/12/2008 09:00 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. by Magistrate Judge Boyd N. Boland on 11/4/08. (erv, ) (Entered: 11/04/2008)
579 Proposed Pretrial Order by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Document Plaintiffs' 2nd Amended Witness List A, # 2 Proposed Document Plaintiffs' 2nd Amended Witness List B, # 3 Proposed Document Plaintiffs' 2nd Amended Witness List C, # 4 Proposed Document Plaintiffs' 2nd Amended Witness List D, # 5 Proposed Document Defendant's Attachment D, # 6 Proposed Document Defendant's Attachment E, # 7 Proposed Document Plaintiffs' Exhibit List, # 8 Proposed Document Defendant's Exhibit List)(Winston, David) (Entered: 11/05/2008)
580 ORDER granting in part and denying in part 545 Albertsons LLCs Motion to Compel Shannon Breen to Respond to Questions She Refused to Answer Based on Deliberative Process Privilege. The Motion to Compel is GRANTED to require Ms. Breen within 11 days of this order to answer, in writing and under oath, Questions 38, 39, 40, 41, 42, 43, 44, and 45. The Motion to Compel is DENIED in all other respects. Signed by Magistrate Judge Boyd N. Boland on 11/12/08.(erv, ) (Entered: 11/12/2008)
581 ORDER denying 556 Motion to Disqualify Counsel ; denying 575 Motion to Amend Protective Order. Signed by Magistrate Judge Boyd N. Boland on 11/12/08.(erv, ) (Entered: 11/12/2008)
582 FINAL PRETRIAL ORDER Revised Exhibit Lists shall be exchanged by 11/19/2008. Objections to revised Exhibit Lists shall be filed by 12/19/2009. Defendant shall file a Supplemental Exhibit List with the Court by 11/26/2008. The deposition of Ralph Beaver shall be completed by 12/31/2008. Signed by Magistrate Judge Boyd N. Boland on 11/12/2008. (Attachments: # 1 Plaintiff's Second Amended Witness List A, # 2 Plaintiff's Second Amended Witness List B, # 3 Plaintiff's Second Amended Witness List C, # 4 Plaintiff's Second Amended Witness List D, # 5 Plaintiff's Exhibit List, # 6 Defendant's List of Non−expert Witnesses D, # 7 Defendant's List of Nonexpert Witnesses E, # 8 Defendant's Exhibit List. Discovery has not been completed; Trial is to a jury estimated at 14 days; Pending Motions; 356 Motion to Bifurcate; 415 Motin for Partial Sum Jgm; 416 Partial Motion for Sum Jgm against Intervenors; 418 Motion for Sum Jgm; 441 Motion to Exclude Testimony of Robert Atwell; 469 Motion to Strike Inadmissable evidence; 513 Motion to Supplement Motion for Sum Jgm; 523 , Motion to Strike Brief (mehcd) Modified on 11/13/2008 (erv, ). (Entered: 11/12/2008)
583 Minute Entry for proceedings held before Magistrate Judge Michael E. Hegarty: Status Conference held on 11/12/2008. (Court Reporter FTR − C. Coomes) (mehcd) (Entered: 11/12/2008)
584 *AMENDED DOCKET ENTRYMinute Entry for proceedings held before Magistrate Judge Boyd N. Boland: Final Pretrial Conference held on 11/12/2008. Defendant Albertson's LLC's Motion to Disqualify EEOC Attorneys (Doc. #556, filed 9/25/08) is DENIED. Joint Motion to Amend Protective Order (Doc. #575, filed 10/27/08) is GRANTED. Defendant's Exhibit List to be supplemented and filed with the Court with Bates numbered exhibits on or before 11/26/2008. Exhibits to be exchanged on or before 11/19/2008. Objections to be filed on or before 12/19/2008.*AMENDED to reflect the correct hearing type and deadlines. (Court Reporter FTR − C. Coomes) (mehcd) (Entered: 11/12/2008)

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585 MOTION For Extension of Time to Respond to Breen Deposition Questions 38 Through 45 by Plaintiff Equal Employment Opportunity Commission. (Winston, David) (Entered: 11/24/2008)
586 MEMORANDUM regarding 585 MOTION For Extension of Time to Respond to Breen Deposition Questions 38 Through 45 filed by Equal Employment Opportunity Commission. Motions referred to Magistrate Judge Boyd N. Boland,by Judge Christine M. Arguello on 11/25/08. (Text Only Entry − No Document Attached)(erv, ) (Entered: 11/25/2008)
587 MINUTE ORDER granting 585 Plaintiff EEOCs Motion for Extension of Time to Respond In Writing to Breen Deposition Questions 38 through 45 and the EEOC may have to and including December 5, 2008, within which to provide the written answers, by Magistrate Judge Boyd N. Boland on 11/25/08.(erv, ) (Entered: 11/25/2008)
588 TRANSCRIPT of Final Pretrial Conference held on 11−12−08 before Magistrate Judge Boland. Pages: 1−22.

NOTICE − REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov.

11/26/2008
11/28/2008 12/19/2008 12/19/2008 02/17/2009 02/19/2009
02/23/2009
02/24/2009 03/03/2009

Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. Release of Transcript Restriction set for 2/24/2009. (Avery Woods Reporting, ) (Entered: 11/26/2008)
589 Exhibit List Submission of Supplemental Exhibit List Pursuant to the Court's November 12, 2008 Order 584 by Defendant Albertson's LLC. (Attachments: # 1 Exhibit A)(Gusha, Stefanie) Modified on 11/28/2008 to add linkage (jjh, ). (Entered: 11/26/2008)
590 Docket Annotation re: 589 Exhibit List. Modified to add correct linkage. Text only entry − no document attached (jjh, ) (Entered: 11/28/2008)
591 OBJECTIONS to Defendant's Exhibits 589 by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Plaintiffs' Objections to Defendant's Exhibits − Attachment)(Winston, David) (Entered: 12/19/2008)
592 OBJECTIONS to 579 Proposed Pretrial Order,, by Defendant Albertson's LLC. (Gusha, Stefanie) (Entered: 12/19/2008)
593 Joint MOTION to Stay Proceedings by Plaintiff Equal Employment Opportunity Commission. (Winston, David) (Entered: 02/17/2009)
594 ORDER granting 593 Joint Motion to Stay Proceedings. This action is STAYED for 30 days, pending negotiation and finalization of a consent decree and related settlement documents; Dismissal Paper due by 3/20/2009. by Judge Christine M. Arguello on 2/19/09.(erv, ) (Entered: 02/20/2009)
595 Docket Annotation re: 593 Joint MOTION to Stay Proceedings and 594 Order on Motion to Stay. The NEF's for these documents to Lynn Palma were returned as undeliverable. The EEOC advises she is out on extended leave and they will file a motion to withdraw. Text only entry − no document attached (gmssl, ) (Entered: 02/23/2009)
596 MOTION to Withdraw as Attorney Lynn L. Palma by Plaintiff Equal Employment Opportunity Commission. (Winston, David) (Entered: 02/24/2009)
597 ORDER granting 596 Motion to Withdraw as Attorney. Attorney Lynn L. Palma terminated by Judge Christine M. Arguello on 3/3/09.(erv, ) (Entered: 03/04/2009)

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03/20/2009 03/24/2009
04/24/2009 05/15/2009 05/20/2009
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12/11/2009 12/11/2009

598 Joint STATUS REPORT and Motion to Extend Stay by Plaintiff Equal Employment Opportunity Commission. (Winston, David) (Entered: 03/20/2009)
599 ORDER re: 598 Joint Status Report and Motion to Extend Stay. This action is STAYED for an additional 60 days, pending negotiation and finalization of a consent decree and related settlement documents; On or before May 20, 2009, the parties shall file either a joint status report or appropriate settlement papers. by Judge Christine M. Arguello on 3/24/09. (erv, ) (Entered: 03/25/2009)
600 Utility Resetting Deadlines: Dismissal Paper due by 5/20/2009, pursuant to the 3/24/09 599 Order. TEXT ONLY ENTRY − NO DOCUMENT ATTACHED (erv, ) (Entered: 04/24/2009)
601 MOTION TO EXTEND STAY and Joint STATUS REPORT by Plaintiff Equal Employment (Modified on 5/20/09 corrected event to Motion)(erv, ). (Entered: 05/15/2009)
602 ORDER granting 601 Motion for Extension of Time for an additional 27 days, pending negotiation and finalization of a consent decree and related settlement documents;On or before June 16, 2009, the parties shall file either a joint status report or appropriate settlement papers. Status Report due by 6/16/2009. by Judge Christine M. Arguello on 5/20/09.(erv, ) (Entered: 05/20/2009)
603 MOTION to Withdraw as Attorney by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order (PDF Only))(Weeks, Nancy) (Entered: 06/04/2009)
604 ORDER granting 603 Motion to Withdraw as Attorney for Plaintiff EEOC. Attorney Nancy A. Weeks terminated by Judge Christine M. Arguello on 6/4/09.(erv, ) (Entered: 06/05/2009)
605 Joint MOTION for Extension of Time to (Status Report &Motion to Extend Stay) by Plaintiff Equal Employment Opportunity Commission. (Winston, David) (Entered: 06/16/2009)
606 MINUTE ORDER granting 605 Joint Motion for Extension of Time an additional 45 days, pending negotiation and finalization of a consent decree and related settlement documents; Dismissal/Status Report Paper due by 7/31/2009. by Judge Christine M. Arguello on 6/19/09.(erv, ) (Entered: 06/22/2009)
607 STATUS REPORT by Intervenor Parties James L Baxter, Christopher Adams, James Steadham, Luis Solis Gonzalez, Nate Valentine. (Martinez, William) (Entered: 07/31/2009)
608 Joint STATUS REPORT by Defendant Albertson's LLC. (Gartner, Lawrence) (Entered: 07/31/2009)
609 MOTION to Withdraw as Attorney Stefanie M. Gusha by Defendant Albertson's LLC. (Attachments: # 1 Proposed Order (PDF Only))(Gusha, Stefanie) (Entered: 10/16/2009)
610 MINUTE ORDER granting 609 Motion to Withdraw as Attorney. By Judge Christine M. Arguello on 10/16/09.TEXT ONLY ENTRY − NO DOCUMENT ATTACHED (cmacd ) (Entered: 10/16/2009)
611 MINUTE ORDER This matter is before the Court sua sponte. Upon review of the case file in this matter, the Court finds that no progress has been made in this case since the July 31, 2009 Status Report, wherein the parties represented they were to be involved in a settlement conference with Magistrate Judge Shaffer on August 6, 2009. Status Conference set for 12/17/2009 01:30 PM in Courtroom A 602 before Judge Christine M. Arguello. by Judge Christine M. Arguello on 12/1/09. (erv, ) (Entered: 12/01/2009)
612 Joint MOTION to Consolidate Cases to Determine Joint Motion for Entry of Consent Decree by Plaintiff Equal Employment Opportunity Commission. (Winston, David) (Entered: 12/11/2009)
613 Joint MOTION for Order to Enter Consent Decree, Joint MOTION to Seal Distribution List, Joint MOTION to Dismiss with Prejudice Subject to Entry of

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Consent Decree by Plaintiff Equal Employment Opportunity Commission. (Winston, David) (Entered: 12/11/2009)
614 Unopposed MOTION for Leave to Appear Participate in Status Conference By Telephone by Defendant Albertson's LLC. (Attachments: # 1 Proposed Order (PDF Only))(Gartner, Lawrence) (Entered: 12/11/2009)
615 Unopposed MOTION for Leave to Appear Allow Danny Ma of Albertson's LLC to Participate in Status Conference by Telephone by Defendant Albertson's LLC. (Attachments: # 1 Proposed Order (PDF Only))(Gartner, Lawrence) (Entered: 12/14/2009)
616 ORDER granting 612 Joint Motion to Consolidate Cases. With the consent of Chief Judge Wiley Y. Daniel, Senior Judge Lewis T. Babcock and Judge Marcia S. Krieger, EEOC v. Albertsons LLC, Case No. 08−cv−00640−LTB−MJW, and EEOC v. Albertsons LLC, Case No. 08−cv−02424−MSK−CBS, are CONSOLIDATED with the above− referenced Civil Action No. 06−cv−01273−CMA−BNB for the purpose of determining a Joint Motion for Entry of Consent Decree to be filed on or after December 11, 2009, and for all purposes after entry of any such Consent Decree. It is FURTHER ORDERED that the caption on all subsequent filings in this matter shall reflect such consolidation as set forth above. by Judge Christine M. Arguello on 12/14/09.(erv, ) (Entered: 12/15/2009)
617 ORDER granting 613 Joint Motion for Order for Entry of Consent Decree; granting 613 Motion to Seal Distribution List and for Dismissal With Prejudice Subject to the Entry of Consent Decree; Denying as moot 614 Defendants Unopposed Motion for Leave to Appear by Telephone; Denying as moot 615 Defendants Unopposed Motion for Leave to Appear by Telephone; It is FURTHER ORDERED that the status conference set for December 17, 2009 is VACATED. by Judge Christine M. Arguello on 12/14/09.(erv, ) (Entered: 12/15/2009)
618 CONSENT DECREE EEOC and Albertsons desire to resolve the actions by entry of this agreed upon Consent Decree by the Court without modification. The Parties agree that the Court has the power to enter this Consent Decree and to grant the monetary and equitale relief set forth herein. by Judge Christine M. Arguello on 12/14/09. (erv, ) (Entered: 12/15/2009)
619 SEALED DOCUMENT Distribution list by Plaintiff Equal Employment Opportunity Commission, to 618 Consent Decree (erv, ) (Entered: 12/15/2009)