Case 14-1782, Document 1-1, 05/15/2014, 1235771, Page1 of 47 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK ---------------------------------------------------------------X EQUAL EMPLOYMENT OPPORTUNITY : COMMISSION, : : Plaintiff, : : : –against: : STERLING JEWELERS INC., : : Defendant. : ---------------------------------------------------------------X FILED ELECTRONICALLY No. 08-CV-0706 (A)(M) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION’S NOTICE OF APPEAL NOTICE IS HEREBY GIVEN that Plaintiff Equal Employment Opportunity Commission (“EEOC”), a United States agency, hereby appeals to the United States Court of Appeals for the Second Circuit from the District Court’s Final Judgment entered on March 11, 2014 (ECF No. 393) dismissing the EEOC’s lawsuit. Dated: May 12, 2014 Newark, New Jersey Respectfully submitted, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION s/Jeffrey Burstein Jeffrey Burstein Senior Trial Attorney Equal Employment Opportunity Commission Newark Area Office One Newark Center, 21st Floor Newark, N.J. 07102 (973) 645-2267 jeffrey.burstein@eeoc.gov Case: Case 1:08-cv-00706-RJA-JJM 14-1782, Document 1-1, As05/15/2014, of: 05/15/2014 1235771, 04:18 PM Page2 EDTof 47 1 of 46 CLOSED_2014,MEDIATION U.S. DISTRICT COURT U.S. District Court, Western District of New York (Buffalo) CIVIL DOCKET FOR CASE #: 1:08−cv−00706−RJA−JJM Internal Use Only Equal Employment Opportunity Commission v. Sterling Jewelers, Inc. Assigned to: Hon. Richard J. Arcara Referred to: Hon. Jeremiah J. McCarthy Cause: 42:2000 Job Discrimination (Sex) Plaintiff Equal Employment Opportunity Commission Date Filed: 09/23/2008 Date Terminated: 03/11/2014 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff represented by Konrad Batog U.S. Equal Employment Opportunity Commission New York District Office 33 Whitehall Street 5th Floor New York, NY 10004−2112 212−336−3700 Fax: 212−336−3623 Email: konrad.batog@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Nora E. Curtin U.S. Equal Employment Opportunity Commission New York District Office 33 Whitehall Street 5th Floor New York, NY 10004−2112 212−336−3693 Fax: 212−336−3623 Email: nora.curtin@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Ami T. Sanghvi U.S. Equal Employment Opportunity Commission 33 Whitehall Street 5th Floor New York, NY 10004−2112 212−336−3672 Fax: 212−336−3623 Email: ami.sanghvi@eeoc.gov TERMINATED: 08/02/2012 Anna Marie Pohl U.S. Equal Employment Opportunity Commission New York District Office 33 Whitehall Street 5th Floor New York, NY 10004−2112 212−336−3693 Fax: 212−336−3623 Email: anna.pohl@eeoc.gov TERMINATED: 05/12/2014 Elizabeth Grossman Case: Case 1:08-cv-00706-RJA-JJM 14-1782, Document 1-1, As05/15/2014, of: 05/15/2014 1235771, 04:18 PM Page3 EDTof 47 2 of 46 U.S. Equal Employment Opportunity Commission 33 Whitehall Street 5th Floor New York, NY 10004−2112 (212) 336−3696 Fax: (212) 336−3623 Email: elizabeth.grossman@eeoc.gov TERMINATED: 05/12/2014 Jeffrey C. Burstein Equal Employment Opportunity Commission One Newark Center 21st Floor Newark, NJ 07102 973−645−2267 Fax: 973−645−4524 Email: jeffrey.burstein@eeoc.gov ATTORNEY TO BE NOTICED Jeffrey A. Stern U.S. Equal Employment Opportunity Commission AJC Federal Building 1240 East Ninth Street Suite 3001 Cleveland, OH 44199 216−522−7458 Fax: 216−522−7430 Email: jeffrey.stern@eeoc.gov TERMINATED: 02/06/2013 Jennifer Lynn Hope Equal Employment Opportunity Commission 801 Market Street Suite 1300 Philadelphia, PA 19107 215−440−2841 Fax: 215−440−2848 Email: jennifer.hope@eeoc.gov ATTORNEY TO BE NOTICED Judith Ann Biltekoff Equal Employment Opportunity Commission 6 Fountain Plaza, Suite 350 Buffalo, NY 14202 716−551−3356 Fax: 716−551−4378 Email: judith.biltekoff@eeoc.gov ATTORNEY TO BE NOTICED Lawrence Mays U.S. Equal Employment Opportunity Commission AJC Federal Building 1240 East Ninth Street Suite 3001 Cleveland, OH 44199 216−522−4796 Fax: 216−522−7430 Email: lawrence.mays@eeoc.gov TERMINATED: 05/12/2014 Case: Case 1:08-cv-00706-RJA-JJM 14-1782, Document 1-1, As05/15/2014, of: 05/15/2014 1235771, 04:18 PM Page4 EDTof 47 3 of 46 Margaret Ann Malloy U.S. Equal Employment Opportunity Commission New York District Office 33 Whitehall Street 5th Floor New York, NY 10004−2112 212−336−3690 Fax: 212−336−3636 Email: margaret.malloy@eeoc.gov TERMINATED: 08/24/2012 Natasha L. Abel Equal Employment Opportunity Commission 801 Market Street Suite 1300 Philadelphia, PA 19107 215−440−2686 Fax: 215−440−2848 Email: natasha.abel@eeoc.gov TERMINATED: 08/02/2012 V. Defendant Sterling Jewelers, Inc. represented by Brian Daniel Murphy Seyfarth Shaw LLP 620 Eighth Avenue New York, NY 10018−1405 212−218−3351 Fax: 212−218−5526 Email: bmurphy@seyfarth.com LEAD ATTORNEY ATTORNEY TO BE NOTICED David Bennet Ross Seyfarth Shaw LLP 620 Eighth Avenue New York, NY 10018−1405 (212) 218−5500 Fax: (212) 218−5526 Email: dross@seyfarth.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Gloria Galant Seyfarth Shaw LLP 620 Eighth Avenue New York, NY 10018−1405 212−218−5531 Fax: 212−218−5526 Email: ggalant@seyfarth.com LEAD ATTORNEY Jeffrey S. Klein Weil, Gotschal &Manges, LLP 767 Fifth Avenue New York, NY 10153−0119 212−310−8790 Fax: 212−310−8007 Email: jeffrey.klein@weil.com LEAD ATTORNEY Case: Case 1:08-cv-00706-RJA-JJM 14-1782, Document 1-1, As05/15/2014, of: 05/15/2014 1235771, 04:18 PM Page5 EDTof 47 4 of 46 ATTORNEY TO BE NOTICED Lorie E. Almon Seyfarth Shaw LLP 620 Eighth Avenue Suite 3300 New York, NY 10018 (212) 218−5500 Fax: (212) 218−5526 Email: lalmon@seyfarth.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Scott Patrick Horton Jaeckle Fleischmann &Mugel, LLP (Bflo) Avant Building, Suite 900 200 Delaware Avenue Buffalo, NY 14202−2107 (716) 843−3949 Fax: (716) 856−0600 Email: shorton@jaeckle.com LEAD ATTORNEY ATTORNEY TO BE NOTICED William F. Dugan Seyfarth Shaw 131 S. Dearborn Street Suite 2400 Chicago, Il 60603 312−460−5000 Fax: 312−460−7000 Email: wdugan@seyfarth.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Britt J. Rossiter Zashin &Rich Co., L.P.A. 55 Public Square 4th Floor Cleveland, OH 44113 216−696−4441 Fax: 216−696−1618 Email: bjr@zrlaw.com TERMINATED: 12/03/2012 PRO HAC VICE Daniel B. Klein Seyfarth Shaw LLP World Trade Center East Two Seaport Lane, Suite 300 Boston, MA 02210 617−946−4800 Fax: 617−946−4801 Email: dklein@seyfarth.com PRO HAC VICE ATTORNEY TO BE NOTICED Francis Patrick Kinson Seyfarth Shaw 131 S. Dearborn Street Suite 2400 Chicago, IL 60603 312−460−5000 Fax: 312−460−7000 Case: Case 1:08-cv-00706-RJA-JJM 14-1782, Document 1-1, As05/15/2014, of: 05/15/2014 1235771, 04:18 PM Page6 EDTof 47 5 of 46 Email: fkinson@seyfarth.com TERMINATED: 02/03/2010 PRO HAC VICE Gerald L. Maatman , Jr. Seyfarth Shaw LLP 620 Eighth Avenue New York, NY 10018−1405 212−218−3360 Fax: 212−218−5526 Email: gmaatman@seyfarth.com ATTORNEY TO BE NOTICED John M. Monahan Jaeckle Fleischmann &Mugel, LLP (Bflo) Avant Building, Suite 900 200 Delaware Avenue Buffalo, NY 14202−2107 716−843−3870 Fax: 716−856−0432 Email: jmonahan@jaeckle.com TERMINATED: 04/19/2010 Marcia Henry Seyfarth Shaw LLP 620 Eighth Avenue New York, NY 10018−1405 212−218−3336 Email: mhenry@seyfarth.com TERMINATED: 05/20/2009 Richard Ira Scharlat Seyfarth Shaw LLP 620 Eighth Avenue New York, NY 10018−1405 212−218−5529 Fax: 917−344−1281 Email: rscharlat@seyfarth.com TERMINATED: 10/18/2010 Stephen S. Zashin Zashin &Rich Co., L.P.A. 55 Public Square 4th Floor Cleveland, OH 44113 216−696−4441 Fax: 216−696−1618 Email: ssz@zrlaw.com TERMINATED: 12/03/2012 Intervenor Arbitration Claimants represented by Donald Eppers Brown &Kelly, LLP 1500 Liberty Building Buffalo, NY 14202 (716) 854−2620 Fax: (716) 854−0082 Email: deppers@brownkelly.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Jenny R. Yang Cohen Milstein Sellers &Toll PLLC 1100 New York Avenue, N.W. Case: Case 1:08-cv-00706-RJA-JJM 14-1782, Document 1-1, As05/15/2014, of: 05/15/2014 1235771, 04:18 PM Page7 EDTof 47 6 of 46 West Tower, Suite 500 Washington, DC 20005 202−408−4600 Fax: 202−408−4699 Email: jyang@cohenmilstein.com TERMINATED: 05/03/2013 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Joseph M. Sellers Cohen Milstein Sellers &Toll PLLC 1100 New York Avenue, N.W. West Tower, Suite 500 Washington, DC 20005 202−408−4600 Fax: 202−408−4699 Email: jsellers@cohenmilstein.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Lisa M Mezzetti Cohen Milstein Sellers &Toll PLLC 1100 New York Avenue, N.W. Suite 500 West Tower Washington, DC 20005 202−408−4606 Email: lmezzetti@cohenmilstein.com TERMINATED: 09/23/2013 Lisa T. Sofferin Brown &Kelly, LLP 1500 Liberty Building Buffalo, NY 14202 (716) 854−2620 Fax: 716−854−0082 Email: lsofferin@brownkelly.com TERMINATED: 03/20/2012 Date Filed # Docket Text 09/23/2008 1 COMPLAINT against Sterling Jewelers, Inc., filed by Equal Employment Opportunity Commission; jury demand.(DZ) (Entered: 09/24/2008) 09/23/2008 Remark − summonses not issued at this time. (DZ) (Entered: 09/24/2008) 09/23/2008 AUTOMATIC REFERRAL to Mediation (DZ) (Entered: 09/24/2008) 10/14/2008 2 WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Sterling Jewelers, Inc. waiver sent on 9/26/2008, answer due 11/26/2008. (Malloy, Margaret) (Entered: 10/14/2008) 11/25/2008 3 Corporate Disclosure Statement by Sterling Jewelers, Inc. identifying Corporate Parent Signet Group plc for Sterling Jewelers, Inc... (Scharlat, Richard) (Entered: 11/25/2008) 11/25/2008 4 NOTICE of Appearance by Richard Ira Scharlat on behalf of Sterling Jewelers, Inc. (Scharlat, Richard) (Entered: 11/25/2008) 11/25/2008 5 NOTICE of Appearance by Richard Ira Scharlat on behalf of Sterling Jewelers, Inc. (Scharlat, Richard) (Entered: 11/25/2008) 11/25/2008 6 MOTION for Leave to Appear Pro Hac Vice of William F. Dugan by Sterling Jewelers, Inc.. (Attachments: # 1 Declaration of William Dugan, # 2 Declaration of Case: Case 1:08-cv-00706-RJA-JJM 14-1782, Document 1-1, As05/15/2014, of: 05/15/2014 1235771, 04:18 PM Page8 EDTof 47 7 of 46 Richard I. Scharlat)(Scharlat, Richard) (Entered: 11/25/2008) 11/25/2008 7 MOTION for Leave to Appear Pro Hac Vice of Britt J. Rossiter by Sterling Jewelers, Inc.. (Attachments: # 1 Declaration of Britt J. Rossiter, # 2 Declaration of Stephen Zashin)(Scharlat, Richard) (Entered: 11/25/2008) 11/25/2008 8 ANSWER to 1 Complaint with Affirmative Defenses by Sterling Jewelers, Inc..(Scharlat, Richard) (Entered: 11/25/2008) 11/25/2008 9 MOTION to Dismiss Any Aspects of the Complaint Seeking Relief for Alleged Discrimination Prior to July 22, 2004 by Sterling Jewelers, Inc.. (Attachments: # 1 Declaration of Richard I. Scharlat in Support, # 2 Exhibit A, # 3 Exhibit B)(Scharlat, Richard) (Entered: 11/25/2008) 11/25/2008 10 MEMORANDUM in Support re 9 MOTION to Dismiss Any Aspects of the Complaint Seeking Relief for Alleged Discrimination Prior to July 22, 2004 filed by Sterling Jewelers, Inc.. (Scharlat, Richard) (Entered: 11/25/2008) 11/25/2008 11 CONTINUATION OF EXHIBITS by Sterling Jewelers, Inc.. to 10 Memorandum in Support of Motion (Compendium of UnReported Cases Cited in Defendant Sterling Jewelers Inc.'s Memorandum of Law in Support of Its Motion to Dismiss with Tab A through L) filed by Sterling Jewelers, Inc.. (Scharlat, Richard) (Entered: 11/25/2008) 11/25/2008 12 Corporate Disclosure Statement by Sterling Jewelers, Inc. identifying Corporate Parent Signet Group, plc for Sterling Jewelers, Inc... (Maatman, Gerald) (Entered: 11/25/2008) 11/25/2008 13 NOTICE of Appearance by Gerald L. Maatman, Jr on behalf of Sterling Jewelers, Inc. (Maatman, Gerald) (Entered: 11/25/2008) 11/25/2008 14 ANSWER to 1 Complaint with Affirmative Defenses by Sterling Jewelers, Inc..(Maatman, Gerald) (Entered: 11/25/2008) 11/25/2008 15 MOTION to Dismiss Any Aspects of the Complaint Seeking Relief for Alleged Discrimination Prior to July 22, 2004 by Sterling Jewelers, Inc.. (Attachments: # 1 Declaration of Richard I. Scharlat, # 2 Exhibit A, # 3 Exhibit B)(Maatman, Gerald) (Entered: 11/25/2008) 11/25/2008 16 MEMORANDUM in Support re 15 MOTION to Dismiss Any Aspects of the Complaint Seeking Relief for Alleged Discrimination Prior to July 22, 2004 filed by Sterling Jewelers, Inc.. (Maatman, Gerald) (Entered: 11/25/2008) 11/25/2008 17 CONTINUATION OF EXHIBITS to 16 Memorandum in Support of Motion. (Maatman, Gerald) (Entered: 11/25/2008) 11/25/2008 18 MOTION An Order permitting Defendant to proceed in this action without retaining local counsel by Sterling Jewelers, Inc.. (Attachments: # 1 Declaration of Richard I. Scharlat)(Scharlat, Richard) (Entered: 11/25/2008) 11/25/2008 E−Filing Notification: 16 Memorandum in Support of Motion and 17 CONTINUATION OF EXHIBITS to (Maatman, Gerald), **Certificate of service required** (DZ) (Entered: 11/26/2008) 11/25/2008 (Court only) ***Motions terminated: 9 MOTION to Dismiss (document refiled) (DZ) (Entered: 11/26/2008) 11/26/2008 19 ADR Notice and Plan forwarded to attorneys.(DZ) (Entered: 11/26/2008) 11/26/2008 20 CERTIFICATE OF SERVICE by Sterling Jewelers, Inc. re 16 Memorandum in Support of Motion to Dismiss Any Aspects of the Complaint Seeking Relief for Alleged Discrimination Prior to July 22, 2004 (Scharlat, Richard) (Entered: 11/26/2008) 11/26/2008 21 CERTIFICATE OF SERVICE by Sterling Jewelers, Inc. re 17 Continuation of Exhibits : Compendium of Unreported Cases Cited in Defendant's Memorandum of Law in Support of its Motion to Dismiss Any Aspects of the Complaint Seeking Relief for Alledged Discrimination Prior to July 22, 2004 with Tabs A to L (Scharlat, Richard) (Entered: 11/26/2008) Case: Case 1:08-cv-00706-RJA-JJM 14-1782, Document 1-1, As05/15/2014, of: 05/15/2014 1235771, 04:18 PM Page9 EDTof 47 8 of 46 11/26/2008 (Court only) ***Staff notes : confirmed admission to Ohio state bar for attorney Rossiter and to the Illinois state bar for attorney Dugan. (DZ) (Entered: 11/26/2008) 11/26/2008 22 ORDER REFERRING CASE to Magistrate Judge Hon. Jeremiah J. McCarthy. Signed by Hon. Richard J. Arcara on 11/26/2008. (JMB) (Entered: 11/26/2008) 11/28/2008 23 TEXT ORDER: Plaintiff's response to defendant's motion to dismiss 15 shall be served and filed on or before December 31, 2008; a reply, if any shall be served and filed on or before January 14, 2009, after which time the motion will be taken under advisement without oral argument unless requested by the parties or deemed necessary by the court. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 11−28−09. (DAZ) (Entered: 11/28/2008) 11/28/2008 24 ORDER granting 6 Motion for Leave to Appear pro hac vice (William F. Dugan, Esq.). Signed by Hon. Jeremiah J. McCarthy on 11−28−08. (DAZ) (Entered: 11/28/2008) 11/28/2008 25 ORDER granting 7 Motion for Leave to Appear pro hac vice (Britt J. Rossiter, Esq.). Signed by Hon. Jeremiah J. McCarthy on 11−28−08. (DAZ) (Entered: 11/28/2008) 12/01/2008 26 TEXT ORDER: Defendant's motion for leave to proceed without local counsel 18 is DENIED, without prejudice. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 12/1/08. (The Court has mailed copies of this Order to William F. Dugan, David Bennet Ross, Britt J. Rossiter). (Entered: 12/01/2008) 12/04/2008 Pro Hac Vice Filing fee: $ 75, receipt number 10440 received from William F. Dugan, Esq. (JDK) (Entered: 12/04/2008) 12/08/2008 27 NOTICE of Appearance by Stephen S. Zashin on behalf of Sterling Jewelers, Inc. (Zashin, Stephen) (Entered: 12/08/2008) 12/19/2008 28 NOTICE of Appearance by Marcia Henry on behalf of Sterling Jewelers, Inc. (Henry, Marcia) (Entered: 12/19/2008) 12/19/2008 29 MOTION for Leave to Appear Pro Hac Vice of Francis Patrick Kinson by Sterling Jewelers, Inc.. (Attachments: # 1 Declaration of Francis Patrick Kinson, # 2 Declaration of Richard I. Scharlat)(Scharlat, Richard) (Entered: 12/19/2008) 12/22/2008 (Court only) ***Attorney Francis Patrick Kinson for Sterling Jewelers, Inc. added (pro hac vice motion) (DZ) (Entered: 12/22/2008) 12/22/2008 Remark − confirmed admission of Francis Patrick Kinson to the Illinois State Bar. (DZ) (Entered: 12/22/2008) 12/23/2008 30 ORDER granting 29 Motion for Leave to Appear Pro Hac Vice. Signed by Hon. Jeremiah J. McCarthy on 12/23/08. (DAZ) (The Court has mailed a copy of this Order to Britt J. Rossiter, David Bennet Ross and Francis Patrick Kinson). (Entered: 12/24/2008) 12/29/2008 Pro Hac Vice Filing fee paid for Britt J. Rossiter: $ 75.00, receipt number 10721 (DZ) (Entered: 01/05/2009) 12/31/2008 31 MEMORANDUM in Opposition re 15 MOTION to Dismiss Any Aspects of the Complaint Seeking Relief for Alleged Discrimination Prior to July 22, 2004 filed by Equal Employment Opportunity Commission. (Malloy, Margaret) (Entered: 12/31/2008) 12/31/2008 32 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 31 Memorandum in Opposition to Motion (Malloy, Margaret) (Entered: 12/31/2008) 01/06/2009 01/14/2009 Pro Hac Vice Filing fee paid for Francis Kinson: $ 75.00, receipt number 10795 (DZ) (Entered: 01/07/2009) 33 NOTICE of Appearance by John M. Monahan on behalf of Sterling Jewelers, Inc. (Monahan, John) (Entered: 01/14/2009) Case: Case 1:08-cv-00706-RJA-JJM 14-1782, Document 1-1, As05/15/2014, of: 05/15/2014 1235771, 04:18 Page10 PM EDTof 947 of 46 01/14/2009 34 MEMORANDUM in Support re 15 MOTION to Dismiss Any Aspects of the Complaint Seeking Relief for Alleged Discrimination Prior to July 22, 2004 filed by Sterling Jewelers, Inc.. (Attachments: # 1 Certificate of Service)(Maatman, Gerald) (Entered: 01/14/2009) 01/15/2009 35 CONTINUATION OF EXHIBITS to 34 Memorandum in Support of Motion (Compendium of Unreported Cases to Defendant's Reply Memorandum in Support of its Motion to Dismiss Any Aspects of The Complaint Seeking Relief for Alleged Discrimination Prior to July 22, 2004). (Maatman, Gerald) (Entered: 01/15/2009) 01/15/2009 36 NOTICE of Appearance by Elizabeth Grossman on behalf of Equal Employment Opportunity Commission (Attachments: # 1 Notice of Appearance)(Grossman, Elizabeth) (Entered: 01/15/2009) 02/02/2009 37 MOTION for Leave to File Document Addressing Lilly Ledbetter Fair Pay Act by Equal Employment Opportunity Commission.(Malloy, Margaret) (Entered: 02/02/2009) 02/03/2009 38 TEXT ORDER : Plaintiff's motion for leave to file a document addressing the Lilly Ledbetter Fair Pay Act 37 is GRANTED. Plaintiff may file and serve this document on or before February 13, 2009, and defendant may file and serve a response on or before February 23, 2009. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 2/3/09. (DAZ) (Entered: 02/03/2009) 02/03/2009 Set/Reset Deadlines: To be filed by 2/13/2009 and response due by 2/23/2009. (DAZ) (Entered: 02/03/2009) 02/13/2009 39 MEMORANDUM in Opposition re 15 MOTION to Dismiss Any Aspects of the Complaint Seeking Relief for Alleged Discrimination Prior to July 22, 2004 Supplemental Brief filed by Equal Employment Opportunity Commission. (Attachments: # 1 Certificate of Service)(Malloy, Margaret) (Entered: 02/13/2009) 02/18/2009 40 MOTION for Leave to File Excess Pages to Responsive Brief by Sterling Jewelers, Inc..(Maatman, Gerald) (Entered: 02/18/2009) 02/19/2009 41 NOTICE by Sterling Jewelers, Inc. to the Court of Constitutional Challenge Pursuant to Rule 24 of the Local Rules for the Western District of New York (Maatman, Gerald) (Entered: 02/19/2009) 02/20/2009 42 ORDER granting 40 Motion for Leave to File Excess Pages. Signed by Hon. Jeremiah J. McCarthy on 2/19/09. (DAZ) (Entered: 02/20/2009) 02/23/2009 43 REPLY/RESPONSE to re 39 Memorandum in Opposition to Motion, Defendant's Memorandum of Law in Response to the EEOC's Supplemental Briefing filed by Sterling Jewelers, Inc.. (Maatman, Gerald) (Entered: 02/23/2009) 02/25/2009 44 MOTION for Leave to File Response by Equal Employment Opportunity Commission.(Malloy, Margaret) (Entered: 02/25/2009) 02/27/2009 45 ORDER granting 44 Motion for Leave to File. Signed by Hon. Jeremiah J. McCarthy on 2/27/09. (DAZ) (Entered: 02/27/2009) 02/27/2009 (Court only) ***Staff notes : The Court has mailed a copy of Dkt. #45 to Britt J. Rossiter (DAZ) (Entered: 02/27/2009) 03/06/2009 46 REPLY/RESPONSE to re 43 Reply/Response filed by Equal Employment Opportunity Commission. (Attachments: # 1 Certificate of Service)(Malloy, Margaret) (Entered: 03/06/2009) 03/11/2009 47 MOTION for Leave to File Excess Pages of its sur−reply brief to EEOC's reply brief by Sterling Jewelers, Inc..(Maatman, Gerald) (Entered: 03/11/2009) 03/12/2009 48 ORDER granting 47 Motion for Leave to File Excess Pages. Signed by Hon. Jeremiah J. McCarthy on 3/12/09. (DAZ) (Entered: 03/12/2009) 03/16/2009 49 MEMORANDUM/BRIEF re 46 Reply/Response : Defendant's Reply Memorandum in Response to the EEOC's Supplemental Briefing by Sterling Jewelers, Inc.. (Attachments: # 1 Certificate of Service)(Maatman, Gerald) (Entered: 03/16/2009) Case: Case 1:08-cv-00706-RJA-JJM 14-1782, Document 1-1, As05/15/2014, of: 05/15/2014 1235771, 04:18 PM Page11 EDT of10 47of 46 04/20/2009 50 TEXT ORDER : Oral argument of defendant's motion for partial dismissal 15 is set for June 19, 2009 at 2:00 p.m. before Hon. Jeremiah J. McCarthy. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 4/20/09. (DAZ) (Entered: 04/20/2009) 04/20/2009 51 TEXT ORDER : At the parties' request, oral argument of defendant's motion for partial dismissal 15 is rescheduled to June 26, 2009 at 2:00 p.m. before Hon. Jeremiah J. McCarthy. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 4/20/09. (DAZ) (Entered: 04/20/2009) 06/26/2009 52 Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Oral Argument held on 6/26/2009. Parties argued their various positions, cited case law. Participants: Margaret Ann Malloy for Plaintiff and John M. Monahan and Gerald L. Maatman, Jr. for Defendant. (DAZ) (Entered: 06/26/2009) 06/26/2009 53 TEXT ORDER : As agreed during oral argument today, the parties' post−argument submissions (not to exceed 5 pages in length) shall be filed by July 17, 2009, whereupon the motion 15 will be deemed submitted. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 6/26/09. (DAZ) (Entered: 06/26/2009) 07/08/2009 54 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 6/26/09, before Judge Jeremiah J. McCarthy. Court Reporter/Transcriber Michelle L. McLaughlin, Telephone number (716) 332−3560. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 7/29/2009. Redacted Transcript Deadline set for 8/10/2009. Release of Transcript Restriction set for 10/6/2009. (DZ) (Entered: 07/08/2009) 07/17/2009 55 REPLY/RESPONSE to re 53 Order, 15 Motion, Set Deadlines/Hearings, /Letter Response filed by Sterling Jewelers, Inc.. (Maatman, Gerald) Text Modified on 7/20/2009 (DZ). (Entered: 07/17/2009) 07/17/2009 56 RESPONSE in Opposition re 15 MOTION to Dismiss Any Aspects of the Complaint Seeking Relief for Alleged Discrimination Prior to July 22, 2004 supplemental letter brief filed by Equal Employment Opportunity Commission. (Malloy, Margaret) (Entered: 07/17/2009) 07/17/2009 E−Filing Notification: 55 REPLY/RESPONSE Text modified to indicate also related to 15 Motion (DZ) (Entered: 07/20/2009) 07/20/2009 E−Filing Notification: 56 RESPONSE in Opposition (Malloy, Margaret), 55 REPLY/RESPONSE to re 53 Order, 15 Motion, (Maatman, Gerald) ***Proof of Service required pursuant to Chambers** (DZ) (Entered: 07/20/2009) 07/20/2009 57 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 56 Response in Opposition to Motion, (Malloy, Margaret) (Entered: 07/20/2009) 07/20/2009 58 CERTIFICATE OF SERVICE by Sterling Jewelers, Inc. re 55 Reply/Response in further support of Defendants Motion to Dismiss Any Aspects of the Complaint Seeking Relief for Alleged Discrimination Prior to July 22, 2004 (Maatman, Gerald) (Entered: 07/20/2009) 09/30/2009 59 REPORT AND RECOMMENDATION re 15 MOTION to Dismiss Any Aspects of the Complaint Seeking Relief for Alleged Discrimination Prior to July 22, 2004 filed by Sterling Jewelers, Inc. Objections due ten days from receipt. Signed by Hon. Jeremiah J. McCarthy on 9/30/09. (DAZ) (Entered: 09/30/2009) 10/01/2009 60 AMENDED REPORT AND RECOMMENDATION re 15 MOTION to Dismiss Any Aspects of the Complaint Seeking Relief for Alleged Discrimination Prior to July 22, 2004 filed by Sterling Jewelers, Inc. Objections due ten days from receipt. Signed by Hon. Jeremiah J. McCarthy on 10/1/09. (DAZ) (Entered: 10/01/2009) 10/01/2009 (Court only) ***Terminated: 59 REPORT AND RECOMMENDATIONS (JG) (Entered: 02/18/2010) 10/14/2009 61 OBJECTION to 60 Report and Recommendations /Objections Pursuant to Rule 72 to Magistrate Judge McCarthy's Amended Report and Recommendation by Sterling Jewelers, Inc.. (Maatman, Gerald) (Entered: 10/14/2009) Case: Case 1:08-cv-00706-RJA-JJM 14-1782, Document 1-1, As05/15/2014, of: 05/15/2014 1235771, 04:18 PM Page12 EDT of11 47of 46 10/14/2009 62 CONTINUATION OF EXHIBITS to 61 Objection to Report and Recommendations /Compendium of Unreported Cases Cited in Defendant's Objections Pursuant to Rule 72 to Magistrate Judge McCarthy's Amended Report and Recommendation (Part 1). (Maatman, Gerald) (Entered: 10/14/2009) 10/14/2009 63 CONTINUATION OF EXHIBITS /Compendium of Unreported Cases Cited in Defendant's Objections Pursuant to Rule 72 to Magistrate Judge McCarthy's Amended Report and Recommendation (Part 2). (Maatman, Gerald) (Entered: 10/14/2009) 10/14/2009 E−Filing Notification: 63 CONTINUATION OF EXHIBITS **document to be refiled with cover page containing case caption and case number and the title of document is it related to; also, proof of service required on items #62 and #63** (Maatman, Gerald) (DZ) (Entered: 10/15/2009) 10/15/2009 10/30/2009 64 CONTINUATION OF EXHIBITS to 61 Objection to Report and Recommendations, 62 Continuation of Exhibits, /Re−File of Part 2 of Compendium. (Attachments: # 1 Certificate of Service for Compendium of Unreported Cases Cited in Defendant Sterling Jewelers Inc.'s Objections Pursuant to Rule 72 to Magistrate Judge McCarthy's Amended Reported and Recommendation)(Maatman, Gerald) (Entered: 10/15/2009) NOTICE OF ORAL ARGUMENT AND BRIEFING SCHEDULE. Oral Argument as to 61 Objections filed by defendant to 60 AMENDED REPORT AND RECOMMENDATION of Magistrate Judge Jeremiah J. McCarthy is scheduled for 12/14/2009 at 03:00 PM before Hon. Richard J. Arcara. Response papers are to be filed by 11/16/2009. No reply papers will be accepted. (DJD) (Entered: 10/30/2009) 11/03/2009 65 REPLY/RESPONSE to re 61 Objection to Report and Recommendations filed by Equal Employment Opportunity Commission. (Attachments: # 1 Certificate of Service)(Malloy, Margaret) (Entered: 11/03/2009) 11/13/2009 66 NOTICE of Appearance by Ami T. Sanghvi on behalf of Equal Employment Opportunity Commission (Sanghvi, Ami) (Entered: 11/13/2009) 12/14/2009 Minute Entry for proceedings held 12/14/2009 before Hon. Richard J. Arcara. Oral Argument is held as to 61 Objections filed by defendant to 60 AMENDED REPORT AND RECOMMENDATION of Magistrate Judge Jeremiah J. McCarthy. Decision is reserved. Appearances: Pltf − Margaret Ann Malloy; Deft − Gerald Maatman and Scott Horton (Court Reporter Yvonne Garrison.) (DJD) (Entered: 01/05/2010) 01/06/2010 67 ORDER adopting AMENDED Report and Recommendation re 60 denying 15 Motion to Dismiss. Case is referred back to Magistrate Jude McCarthy for further proceedings. Signed by Hon. Richard J. Arcara on 1/6/2010. (JMB) (Entered: 01/06/2010) 01/06/2010 68 ORDER OF PRELIMINARY PRETRIAL CONFERENCE set for 2/5/2010 AT 02:00 PM before Hon. Jeremiah J. McCarthy. Signed by Hon. Jeremiah J. McCarthy on 1/6/10. (DAZ) (Entered: 01/07/2010) 01/19/2010 69 MOTION for Leave to Appeal Certification of Issues for Interlocutory Appeal by Sterling Jewelers, Inc..(Maatman, Gerald) (Entered: 01/19/2010) 01/19/2010 70 DECLARATION signed by Gerald L. Maatman, Jr. re 69 MOTION for Leave to Appeal Certification of Issues for Interlocutory Appeal filed by Sterling Jewelers, Inc.. (Maatman, Gerald) (Entered: 01/19/2010) 01/19/2010 71 MEMORANDUM IN SUPPORT re 69 MOTION for Leave to Appeal Certification of Issues for Interlocutory Appeal bySterling Jewelers, Inc.. (Maatman, Gerald) (Entered: 01/19/2010) 01/19/2010 72 CONTINUATION OF EXHIBITS re 71 Memorandum In Support re 69 Motion for Leave to Appeal, "Compendium of Unreported Cases Cited"/I> bySterling Jewelers, Inc.. (Maatman, Gerald) Modified title on 1/20/2010 (SG). (Entered: 01/19/2010) Case: Case 1:08-cv-00706-RJA-JJM 14-1782, Document 1-1, As05/15/2014, of: 05/15/2014 1235771, 04:18 PM Page13 EDT of12 47of 46 01/20/2010 E−Filing Notification: Modified title on 1/20/2010 72 CONTINUATION OF EXHIBITS re 71 Memorandum In Support re 69 Motion for Leave to Appeal, "Compendium of Unreported Cases Cited"/I> bySterling Jewelers, Inc.. (Maatman, Gerald) (SG) (Entered: 01/20/2010) 01/20/2010 73 TEXT ORDER Plaintiff to file a response to defendant's motion for certificateon of issues and for interlocutory appeal by 2/5/2010. Defendant's reply due by 2/12/2010, after which time the matte will be deemed submitted. Signed by Hon. Richard J. Arcara on 1/20/2010. (JMB) (Entered: 01/20/2010) 01/22/2010 74 MOTION for Extension of Time to File Proposed Scheduling/Case Management Order by Equal Employment Opportunity Commission.(Malloy, Margaret) (Entered: 01/22/2010) 01/25/2010 75 DISCOVERY PLAN by Equal Employment Opportunity Commission. (Attachments: # 1 Certificate of Service)(Malloy, Margaret) (Entered: 01/25/2010) 01/25/2010 E−Filing Notification: 75 DISCOVERY PLAN by Equal Employment Opportunity Commission. (Attachments: # 1 Certificate of Service)(Malloy, Margaret) **Document missing attorney signature**(DZ) (Entered: 01/26/2010) 01/26/2010 76 AMENDED DOCUMENT by Equal Employment Opportunity Commission. Amendment to 75 Discovery Plan. (Attachments: # 1 Certificate of Service)(Malloy, Margaret) (Entered: 01/26/2010) 01/26/2010 77 ORDER granting 74 Motion for Extension of Time to File. Signed by Hon. Jeremiah J. McCarthy on 1/26/10. (DAZ) (Entered: 01/26/2010) 01/28/2010 78 TEXT ORDER : At plaintiff's request and with defendant's consent, the February 5, 2010 conference is adjourned from 2:00 p.m. to 3:00 p.m. SO ORDERED.Issued by Hon. Jeremiah J. McCarthy on 1/28/10. (DAZ) (Entered: 01/28/2010) 02/02/2010 79 MOTION for Discovery Coordination by Equal Employment Opportunity Commission. (Attachments: # 1 Certificate of Service)(Malloy, Margaret) (Entered: 02/02/2010) 02/03/2010 (Court only) *** Attorney Francis Patrick Kinson terminated pursuant to tele−conference with Seyfarth Shaw, attorney is no longer with the firm. (SG) (Entered: 02/03/2010) 02/03/2010 80 MOTION Sterling's response to the EEOC's letter request of February 2, 2010, regarding discovery coordination re 79 MOTION for Discovery Coordination by Sterling Jewelers, Inc.. (Attachments: # 1 Certificate of Service)(Maatman, Gerald) (Entered: 02/03/2010) 02/05/2010 81 Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Status/Scheduling Conference held on 2/5/2010. Participants: Margaret Ann Malloy for Plaintiff (via telephone), Scott Patrick Horton (local) and Gerald L. Maatman, Jr. (via telephone) for Defendant. (DAZ) (Entered: 02/05/2010) 02/05/2010 82 TEXT ORDER : In accordance with today's proceeding, plaintiff's motion to bifurcate and to consolidate discovery shall be served and filed on or before February 12, 2010; a response shall be served and filed on or before February 19, 2010; a reply, if any, shall be served and filed on or before February 26, 2010, and oral argument is set for March 1, 2010 at 10:00 a.m. before Hon. Jeremiah J. McCarthy. The parties may participate via telephone by providing the court with a telephone number where they can be contacted. The court will initiate the call. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 2/5/10. (DAZ) (Entered: 02/05/2010) 02/05/2010 CALENDAR EVENT: Oral Argument set for 3/1/2010 AT 10:00 AM before Hon. Jeremiah J. McCarthy. (DAZ) (Entered: 02/05/2010) 02/05/2010 83 MEMORANDUM in Opposition re 69 MOTION for Leave to Appeal Certification of Issues for Interlocutory Appeal filed by Equal Employment Opportunity Commission. (Attachments: # 1 Certificate of Service)(Malloy, Margaret) (Entered: 02/05/2010) Case: Case 1:08-cv-00706-RJA-JJM 14-1782, Document 1-1, As05/15/2014, of: 05/15/2014 1235771, 04:18 PM Page14 EDT of13 47of 46 02/12/2010 84 REPLY/RESPONSE to re 83 Memorandum in Opposition to Motion, 69 MOTION for Leave to Appeal Certification of Issues for Interlocutory Appeal /Defendant's Reply to the EEOC's Response To Defendant's Motion for Certification of Issues for Interlocutory Appeal filed by Sterling Jewelers, Inc.. (Maatman, Gerald) (Entered: 02/12/2010) 02/12/2010 85 MOTION to Bifurcate and Coordinate by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1, # 2 Exhibit, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Certificate of Service)(Malloy, Margaret) (Entered: 02/12/2010) 02/19/2010 86 RESPONSE to Motion re 85 MOTION to Bifurcate and Coordinate /Defendant's Response To The EEOC's Motion For Bifurcation Of Discovery And Trial And For Coordination Of Discovery filed by Sterling Jewelers, Inc.. (Attachments: # 1 Exhibit 1 − Order In EEOC v. LA Weight Loss, # 2 Exhibit 2 − Memorandum &Order In EEOC v. McCormick &Schmick's Seafood Restaurants, Inc., # 3 Exhibit 3 − Declaration Of Gerald L. Maatman, Jr., Counsel For Sterling Jewelers Inc., Including Exhibits A−E, # 4 Exhibit A To Maatman Declaration − Sterling's Notice Of Depositions To Claimant's Counsel In The AAA Proceeding, # 5 Exhibit B To Maatman Declaration − Sterling's Rule 33 Interrogatories And Rule 34 Requests To Produce Documents Served On The EEOC On 2/5/10, # 6 Exhibit C To Maatman Declaration − Sterling's Notice Of Deposition To The EEOC In EEOC v. Sterling Jewelers Inc., # 7 Exhibit D To Maatman Declaration − Sterling's Correspondence To The EEOC Dated 2/17/10, # 8 Exhibit E To Maatman Declaration − Mediation And Confidentiality Agreement And Addendum Between The EEOC And Sterling, # 9 Exhibit 4 − Case Management Order Re Class Certification In Jock, et al. v. Sterling Jewelers Inc. (AAA Oct. 29, 2009), # 10 Exhibit 5 − Protective Order Regarding Exchange Of Confidential Information In Jock, et al. v. Sterling Jewelers Inc. (AAA Jan. 8, 2010), # 11 Exhibit 6 − EEOC Letter Of Determination (Dated Jan. 3, 2008))(Maatman, Gerald) (Entered: 02/19/2010) 02/22/2010 87 CONTINUATION OF EXHIBITS by Sterling Jewelers, Inc.. to 86 Response to Motion,,,,,, /Defendant's Compendium of Unreported Cases Cited in Defendant Sterling Jeweler Inc.'s Response to the EEOC's Motion for Bifurcation of Discovery and Trial and for Coordination of Discovery filed by Sterling Jewelers, Inc.. (Attachments: # 1 Tab A − Balalovski v. Lucent Techs., Inc., # 2 Tab B − Barefield v. Chevron, # 3 Tab C − Butler v. Home Depot, # 4 Tab D − Chapman v. Carmike Cinemas, Inc., # 5 Tab E − County of Suffolk v. Amerada Hess Corp. (In Re Methyl Tertiary Butyl Ether (MTBE) Prods. Liab. Litig.), # 6 Tab F − EEOC v. ABM Indus., # 7 Tab G − EEOC v. CRST Van Expedited, Inc., # 8 Tab H − EEOC v. Intl Profit Assocs., Inc., # 9 Tab I − EEOC v. McCormick &Schmicks, # 10 Tab J − EEOC v. United Parcel Serv., Inc., # 11 Tab K − In Re Cmty. Bank of N. Va., # 12 Tab L − Medical Diagnostic Imaging, PLLC v. Carecore Natl, LLC, # 13 Tab M − Serrano v. Cintas Corp., # 14 Tab N − Simonetti v. Runyon, # 15 Tab O − Williams v. United Parcel Serv., Inc., # 16 Tab P − Zenith Radio Corp. v. Matsushita Elec. Industrial Co.)(Maatman, Gerald) (Entered: 02/22/2010) 02/26/2010 88 ORDER denying 69 Motion for Leave to Appeal. Case is referred back to Magistrate Judge McCarthy for further proceedings. Signed by Hon. Richard J. Arcara on 2/26/2010. (JMB) (Entered: 02/26/2010) 02/26/2010 89 NOTICE by Equal Employment Opportunity Commission of Appearance of Nora E. Curtin for EEOC (Attachments: # 1 Certificate of Service)(Malloy, Margaret) (Entered: 02/26/2010) 02/26/2010 90 REPLY/RESPONSE to re 85 MOTION to Bifurcate and Coordinate filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Letter from Sterling to Arbitrator, # 2 Exhibit Letter from plaintiffs to Arbitrator, # 3 Exhibit Plaintiffs' Brief to Arbitrator, # 4 Exhibit Sterling's Document Requests to EEOC, # 5 Exhibit Sterling's Document Requests in Arbitration, # 6 Certificate of Service)(Malloy, Margaret) (Entered: 02/26/2010) 03/01/2010 91 STATUS REPORT /Letter To Magistrate Judge McCarthy Pursuant To His Request At The Motion Hearing On March 1, 2010 by Sterling Jewelers, Inc.. (Attachments: # 1 Exhibit A − Examples Of Sterlings Workplace Arbitration Agreements (From Laryssa Jock, et al. v. Sterling Jewelers Inc., Case No. Case: Case 1:08-cv-00706-RJA-JJM 14-1782, Document 1-1, As05/15/2014, of: 05/15/2014 1235771, 04:18 PM Page15 EDT of14 47of 46 08−Civ−2875 (JSR) (S.D.N.Y.) (Document No. 45, dated June 2, 2008)))(Maatman, Gerald) (Entered: 03/01/2010) 03/01/2010 92 Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Oral Argument re plaintiff's motion to bifurcate and to consolidate discovery 85 held on 3/1/10. Decision to follow. Participants: Margaret Ann Malloy (via telephone) and Nora Curtin for Plaintiff; Gerald L. Maatman, Jr. (via telephone) and Scott Patrick Horton for Defendant. (DAZ) (Entered: 03/01/2010) 03/05/2010 93 NOTICE of Appearance by Judith Ann Biltekoff on behalf of Equal Employment Opportunity Commission (Biltekoff, Judith) (Entered: 03/05/2010) 03/05/2010 94 Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: In Chambers Telephonic Status Conference re discovery issues held on 3/5/2010. Participants: Margaret Ann Malloy for Plaintiff and Gerald L. Maatman, Jr. for Defendant. (DAZ) (Entered: 03/05/2010) 03/17/2010 95 TEXT ORDER : A telephonic status conference concerning plaintiff's March 17, 2010 discovery letter is set for March 24, 2010 at 10:00 a.m. before Hon. Jeremiah J. McCarthy. Defendant shall submit a letter response by March 19, 2010. The parties shall provide the court with a telephone number where they can be contacted. The court will initiate the call. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 3/17/10. (DAZ) (Entered: 03/17/2010) 03/24/2010 96 Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Telephonic Status Conference re discovery issues held on 3/24/2010. A further conference is scheduled for April 14, 2010 at 2:00 p.m. Participants: Margaret Ann Malloy for Plaintiff and Gerald L. Maatman for Defendant. (DAZ) (Entered: 03/24/2010) 03/24/2010 CALENDAR EVENT: Status Conference set for 4/14/2010 at 02:00 PM before Hon. Jeremiah J. McCarthy. (DAZ) (Entered: 03/24/2010) 03/24/2010 97 TEXT ORDER : In accordance with today's proceeding, the parties shall confer and advise me in writing by April 7, 2010 what issues, if any, remain regarding the sufficiency of the investigative files produced by the EEOC. A status conference concerning this issue is set for April 14, 2010 at 2:00 p.m. The parties may participate via telephone by providing the court with a telephone number where they can be contacted. The court will initiate the call. Additionally, for the reasons placed on the record at today's proceeding, that aspect of the EEOC's motion 85 seeking coordinated discovery with the AAA arbitration in Jock, et al. v. Sterling Jewelers, Inc. is DENIED. The remaining aspect of the motion 85 seeking bifurcation will be addressed by Judge Arcara. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 3/24/10. (DAZ) (Entered: 03/24/2010) 04/06/2010 NOTICE OF ORAL ARGUMENT. Oral Argument as to 85 Motion to Bifurcate (bifurcation issue only) filed by plaintiff is scheduled for 4/15/2010 at 3:00 PM before Hon. Richard J. Arcara. (DJD) (Entered: 04/06/2010) 04/07/2010 98 TEXT ORDER : At the parties' request, the April 14, 2010 conference is rescheduled to April 15, 2010 at 12:30 p.m. before Hon. Jeremiah J. McCarthy. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 4/7/10. (DAZ) (Entered: 04/07/2010) 04/15/2010 99 Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Status Conference held re investigative files issue on 4/15/2010. Participants: Nora E. Curtin, Margaret Ann Malloy, Judith Ann Biltekoff for Plaintiff; Gerald L. Maatman Jr. and Scott Patrick Horton for Defendant. (DAZ) (Entered: 04/15/2010) 04/15/2010 102 Minute Entry for proceedings held 4/15/2010 before Hon. Richard J. Arcara. Oral Argument is held as to 85 Motion to Bifurcate filed by plaintiff. The Court is advised that all parties are in agreement that this matter needs to be bifurcated, however, at issue is whether punitive damages need to be addressed at stage I.. The Court reserves decision on the bifurcation issues. The Court questions the parties as to whether this matter should be stayed pending resolution of the arbitration. Appearances: Pltf − Margaret Molloy, Nora Curtin and Judith Biltekoff; Deft − Gerald Maatman and Scott Horton. (Court Reporter Yvonne Garrison.) (EAK) Modified on 4/30/2010 (EAK). (Entered: 04/21/2010) Case: Case 1:08-cv-00706-RJA-JJM 14-1782, Document 1-1, As05/15/2014, of: 05/15/2014 1235771, 04:18 PM Page16 EDT of15 47of 46 04/19/2010 (Court only) *** Attorney John M. Monahan terminated − no longer with firm. (JMM) (Entered: 04/19/2010) 04/19/2010 (Court only) ***Staff notes − pursuant to instructions from chambers, attorney John Monahan terminated and notice feature turned off. Attorney is no longer with firm. (JMM) (Entered: 04/19/2010) 04/19/2010 100 Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Telephonic Status Conference re disagreement on number and parties to be deposed held on 4/19/2010. Participants: Margaret Ann Malloy for Plaintiff and Gerald Maatman Jr. for Defendant. (DAZ) (Entered: 04/19/2010) 04/20/2010 101 TEXT ORDER : As agreed at the April 16 and 19, 2010 proceedings: 1) the parties may serve up to 40 interrogatories and 50 document requests, subject to the right to seek upward modification of these limitations as the case progresses; 2) by April 20, 2010 the EEOC will provide Sterling with the names and addresses of those employees whom it currently intends to call as stage 1 witnesses, and Sterling may thereafter conduct the depositions of these witnesses and any additional stage 1 witnesses to be subsequently identified by the EEOC; 3) the EEOC shall file and serve its motions for a protective order concerning Sterling's Rule 30(b)(6)deposition notice, for leave to participate in the depositions of class members noticed in the pending arbitration, and seeking any related relief on or before April 30, 2010; 4) Sterling's response shall be filed and served on or before May 14, 2010; 5) the EEOC's reply, if any, shall be filed and served on or before May 21, 2010; and 6) oral argument is set for May 26, 2010 at 3:00 p.m. EDT before Hon. Jeremiah J. McCarthy. The parties may participate via telephone by contacting the court with a telephone number where they can be contacted. The court will initiate the call. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 4/20/10. (DAZ) (Entered: 04/20/2010) 04/21/2010 103 MOTION for Protective Order /Motion For Entry Of A Protective Order by Sterling Jewelers, Inc.. (Attachments: # 1 Text of Proposed Order Order, # 2 Exhibit A − Sterling's Proposed Stipulation and Agreed Protective Order, # 3 Exhibit B − EEOCs First Set Of Requests For Production In The WDNY Dated March 23, 2010, # 4 Exhibit C − Correspondence From The EEOC To Sterlings Defense Counsel Dated March 23, 2010 Regarding The EEOCs First Set Of Requests For Production, # 5 Exhibit D − Correspondence From Sterlings Defense Counsel To The EEOC Dated April 6, 2010 In Response To The EEOCs Letter Of March 23, 2010, # 6 Exhibit E − Ruling In Duling, et al. v. Gristedes Operating Corp., et al., 2010 U.S. Dist. LEXIS 31690 (S.D.N.Y. Mar. 30, 2010), # 7 Exhibit F − Declaration Of Gerald L. Maatman, Jr.)(Maatman, Gerald) (Entered: 04/21/2010) 04/23/2010 104 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 4/15/10, before Judge Jeremiah J. McCarthy. Court Reporter/Transcriber Karen J. Bush, Telephone number (585) 613−4312. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 5/14/2010. Redacted Transcript Deadline set for 5/24/2010. Release of Transcript Restriction set for 7/22/2010. (DZ) (Entered: 04/23/2010) 04/27/2010 105 TEXT ORDER : The EEOC's response to Sterling's motion for entry of a protective order 103 shall be served and filed on or before May 10, 2010; a reply, if any, shall be served and filed on or before May 17, 2010, after which time the motion 103 will be taken under advisement without oral argument. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 4/27/10. (DAZ) (Entered: 04/27/2010) 04/28/2010 106 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 2/5/10, before Judge Jeremiah J. McCarthy. Court Reporter/Transcriber Debra L. Potocki, Telephone number (843) 723−2208. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 5/19/2010. Redacted Transcript Deadline set for 5/31/2010. Release of Transcript Restriction set for 7/27/2010. (DZ) (Entered: 04/28/2010) Case: Case 1:08-cv-00706-RJA-JJM 14-1782, Document 1-1, As05/15/2014, of: 05/15/2014 1235771, 04:18 PM Page17 EDT of16 47of 46 04/28/2010 107 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 3/1/10, before Judge Jeremiah J. McCarthy. Court Reporter/Transcriber Debra L. Potocki, Telephone number (843) 723−2208. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 5/19/2010. Redacted Transcript Deadline set for 5/31/2010. Release of Transcript Restriction set for 7/27/2010. (DZ) (Entered: 04/28/2010) 04/28/2010 108 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 3/24/10, before Judge Jeremiah J. McCarthy. Court Reporter/Transcriber Debra L. Potocki, Telephone number (843) 723−2208. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 5/19/2010. Redacted Transcript Deadline set for 5/31/2010. Release of Transcript Restriction set for 7/27/2010. (DZ) (Entered: 04/28/2010) 04/30/2010 E−Filing Notification: 102 Minute Entry filing date corrected. (EAK) (Entered: 04/30/2010) 04/30/2010 109 MOTION for Protective Order Prohibiting Certain Discovery and Allowing EEOC to Attend Depositions of Its Witnesses by Equal Employment Opportunity Commission. (Attachments: # 1 Affidavit, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19)(Malloy, Margaret) (Entered: 04/30/2010) 04/30/2010 110 MEMORANDUM in Support re 109 MOTION for Protective Order Prohibiting Certain Discovery and Allowing EEOC to Attend Depositions of Its Witnesses filed by Equal Employment Opportunity Commission. (Malloy, Margaret) (Entered: 04/30/2010) 04/30/2010 111 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 109 MOTION for Protective Order Prohibiting Certain Discovery and Allowing EEOC to Attend Depositions of Its Witnesses, 110 Memorandum in Support of Motion (Malloy, Margaret) (Entered: 04/30/2010) 05/10/2010 112 RESPONSE to Motion re 103 MOTION for Protective Order /Motion For Entry Of A Protective Order filed by Equal Employment Opportunity Commission. (Malloy, Margaret) (Entered: 05/10/2010) 05/10/2010 113 DECLARATION re 103 MOTION for Protective Order /Motion For Entry Of A Protective Order filed by Equal Employment Opportunity Commission filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1 EEOC's Proposal, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Malloy, Margaret) (Entered: 05/10/2010) 05/10/2010 114 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 113 Declaration, 112 Response to Motion for a Protective Order (Malloy, Margaret) (Entered: 05/10/2010) 05/11/2010 115 NOTICE of Appearance by Lawrence Mays on behalf of Equal Employment Opportunity Commission (Mays, Lawrence) (Entered: 05/11/2010) 05/11/2010 116 CERTIFICATE of Counsel re 115 Notice of Appearance Certificate of Service by Lawrence Mays on behalf of Equal Employment Opportunity Commission (Mays, Lawrence) (Entered: 05/11/2010) 05/14/2010 117 RESPONSE to Motion re 109 MOTION for Protective Order Prohibiting Certain Discovery and Allowing EEOC to Attend Depositions of Its Witnesses / Defendant's Response To The EEOCS Motion For Protection filed by Sterling Jewelers, Inc.. (Attachments: # 1 Exhibit 1 − Declaration Of Gerald L. Maatman, Jr., # 2 Exhibit A − Letter To Magistrate Judge McCarthy Dated March 19, 2010, # 3 Exhibit B − Letter To Magistrate Judge McCarthy Dated April 7, 2010, # 4 Exhibit C − AAA Order Of March 31, 2010, # 5 Exhibit D − EEOCs Amended Privilege Log Produced On April 30, 2010, # 6 Exhibit E − Defendants First Set Of Requests For Case: Case 1:08-cv-00706-RJA-JJM 14-1782, Document 1-1, As05/15/2014, of: 05/15/2014 1235771, 04:18 PM Page18 EDT of17 47of 46 Production Of Documents To Plaintiffs, # 7 Exhibit F − AAA Protective Order Dated January 8, 2010)(Maatman, Gerald) (Entered: 05/14/2010) 05/14/2010 118 CONTINUATION OF EXHIBITS by Sterling Jewelers, Inc.. to 117 Response to Motion,,, /Compendium Of Unreported Cases Cited In Defendant Sterling Jeweler Inc.'s Response To The EEOC's Motion For Protection (Tabs A Through H) filed by Sterling Jewelers, Inc.. (Attachments: # 1 Compendium Of Unreported Cases Cited In Defendant Sterling Jeweler Inc.'s Response To The EEOC's Motion For Protection (Tabs I Through O), # 2 Compendium Of Unreported Cases Cited In Defendant Sterling Jeweler Inc.'s Response To The EEOC's Motion For Protection (Tabs P Through W))(Maatman, Gerald) (Entered: 05/14/2010) 05/17/2010 119 REPLY/RESPONSE to re 112 Response to Motion, 103 MOTION for Protective Order /Motion For Entry Of A Protective Order / Defendant's Reply Brief in Support of its Motion for Entry of a Protective Order filed by Sterling Jewelers, Inc.. (Attachments: # 1 Exhibit 1 − Declaration Of Gerald L. Maatman, Jr. &Exhibit A To Maatman Declaration − Letter From Maatman To Malloy, Counsel For The EEOC, Dated 5/13/10, With A Redline And A Clean Version Of A Proposed Protective Order, # 2 Exhibit 2 − Sterlings Compromise Proposed Confidentiality Stipulation And Order, # 3 Exhibit 3 − Sterlings Compromise Proposed Confidentiality Stipulation And Order, # 4 Exhibit 4 − Protective Order Signed By Magistrate Judge Jeremiah J. McCarthy In Bistis v. Am. Precision Indus. Inc., Civil Case No. 1:09−CV−247 (W.D.N.Y.), # 5 Exhibit 5 − Protective Order Signed By Magistrate Judge Jeremiah J. McCarthy In N. Forest Development v. Walden Avenue Realty Assocs., LLC, Civil Case No. 06−CV−00378 A(JJM) (W.D.N.Y.), # 6 Exhibit 6 − Protective Order Signed By United States Judge Richard J. Arcara Jeremiah J. McCarthy in Field v. Tonawanda City Sch. Dist., Civ. No. 07−CV−0241 A(F) (W.D.N.Y.), # 7 Exhibit 7 − Sample Discovery Confidentiality Order Adopted By The United States District Court For The District Of New Jersey)(Maatman, Gerald) (Entered: 05/17/2010) 05/17/2010 120 CONTINUATION OF EXHIBITS by Sterling Jewelers, Inc.. to 119 Reply/Response,,,,, DEFENDANTS COMPENDIUM OF UNREPORTED CASES CITED IN DEFENDANT STERLING JEWELERS INC.S REPLY IN SUPPORT OF ITS MOTION FOR ENTRY OF A PROTECTIVE ORDER − TABS A THROUGH E filed by Sterling Jewelers, Inc.. (Attachments: # 1 DEFENDANTS COMPENDIUM OF UNREPORTED CASES − TABS F THROUGH J, # 2 DEFENDANTS COMPENDIUM OF UNREPORTED CASES − TABS K THROUGH O)(Maatman, Gerald) (Entered: 05/17/2010) 05/21/2010 121 REPLY/RESPONSE to re 109 MOTION for Protective Order Prohibiting Certain Discovery and Allowing EEOC to Attend Depositions of Its Witnesses filed by Equal Employment Opportunity Commission. (Attachments: # 1 Certificate of Service)(Malloy, Margaret) (Entered: 05/21/2010) 05/25/2010 122 DECLARATION signed by Jacqueline A. Berrien re 109 MOTION for Protective Order Prohibiting Certain Discovery and Allowing EEOC to Attend Depositions of Its Witnesses filed by Equal Employment Opportunity Commission filed by Equal Employment Opportunity Commission. (Attachments: # 1 Certificate of Service)(Malloy, Margaret) (Entered: 05/25/2010) 05/26/2010 123 TEXT ORDER : At defendant's request, today's oral argument is adjourned to June 8, 2010 at 11:00 a.m. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 5/26/10. (DAZ) (Entered: 05/26/2010) 05/26/2010 124 NOTICE of Appearance by Jeffrey A. Stern on behalf of Equal Employment Opportunity Commission (Stern, Jeffrey) (Entered: 05/26/2010) 06/08/2010 125 MOTION Motion to Intervene for Limited Purpose of Inclusion in Confidentiality Order to be Entered re 103 MOTION for Protective Order /Motion For Entry Of A Protective Order by Arbitration Claimants.(Mezzetti, Lisa) (Entered: 06/08/2010) 06/08/2010 126 MEMORANDUM IN SUPPORT re 125 MOTION Motion to Intervene for Limited Purpose of Inclusion in Confidentiality Order to be Entered re 103 MOTION for Protective Order /Motion For Entry Of A Protective Order byArbitration Claimants. (Attachments: # 1 Exhibit Exhibit1: EEOC Complaint, # 2 Exhibit Exhibit 2: Proposed Order, # 3 Exhibit Exhibit 3: First Amended Case: Case 1:08-cv-00706-RJA-JJM 14-1782, Document 1-1, As05/15/2014, of: 05/15/2014 1235771, 04:18 PM Page19 EDT of18 47of 46 Arbitration Complaint, # 4 Exhibit Exhibit 4: Order Accepting Amended Case Management Plan, # 5 Exhibit Exhibit 5: Protective Order, # 6 Certificate of Service)(Mezzetti, Lisa) (Entered: 06/08/2010) 06/08/2010 127 Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Oral Argument held on 6/8/2010. Participants: Margaret Ann Malloy (via telephone) and Judith Ann Biltekoff for plaintiff; Gerald L. Maatman, Jr. (via telephone) for defendant. (DAZ) (Entered: 06/08/2010) 06/08/2010 128 TEXT ORDER : In accordance with today's oral argument, the EEOC may submit a sur−reply, not to exceed 10 pages, to Sterling's motion for a protective order 103 on or before June 18, 2010. Sterling's and the EEOC's responses to the arbitration claimants' motion to intervene 125 shall be served and filed on or before June 18, 2010; the arbitration claimants' reply, if any, shall be served and filed on or before June 28, 2010; and oral argument of the motion to intervene 125 and Sterling's motion for a protective order 103 is set for July 9, 2010 at 10:00 a.m. before Hon. Jeremiah J. McCarthy. Counsel for the parties and the arbitration claimants may participate via telephone by providing the court with telephone numbers where they can be contacted. The court will initiate the call. If the motion to intervene 125 is granted, counsel for the arbitration claimants will be required to obtain local counsel and to become admitted (pro hac vice or otherwise) in this District, if necessary. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 6/8/10. (A copy of this order has been e−mailed to lmezzetti@cohenmilstein.com, jsellers@cohenmilstein.com, jyang@cohenmilstein.com).(DAZ) (Entered: 06/08/2010) 06/16/2010 129 TEXT ORDER : At the arbitration claimants' request and with the consent of the parties, the July 9, 2010 oral argument is rescheduled to 11:00 a.m. SO ORDERED.Issued by Hon. Jeremiah J. McCarthy on 6/16/10. (DAZ) (Entered: 06/16/2010) 06/18/2010 130 RESPONSE to Motion re 125 MOTION Motion to Intervene for Limited Purpose of Inclusion in Confidentiality Order to be Entered re 103 MOTION for Protective Order /Motion For Entry Of A Protective Order filed by Sterling Jewelers, Inc.. (Attachments: # 1 Exhibit A Case Management Order Re Class Certification In Jock, et al. v. Sterling Jewelers Inc., Claim No. 11 160 00655 08 (American Arbitration Association Oct. 29, 2009), # 2 Exhibit B Order Re Protective Order Regarding Exchange Of Confidential Information In Jock, et al. v. Sterling Jewelers Inc., Claim No. 11 160 0644 09 (American Arbitration Association November 24, 2009), # 3 Exhibit C Protective Order Regarding Exchange Of Confidential Information In Jock, et al. v. Sterling Jewelers Inc., Claim No. 11 160 0644 09 (American Arbitration Association January 8, 2010), # 4 Exhibit D Claimants First Requests For Production Of Documents To Respondent (Dated November 10, 2009), # 5 Exhibit E Declaration Of Gerald L. Maatman, Jr., # 6 Exhibit F EEOCs First Set Of Requests For Production Of Documents To Respondent (Dated March 23, 2010), # 7 Exhibit G EEOCs Second Set Of Requests For Production Of Documents To Respondent (Dated April 30, 2010))(Maatman, Gerald) (Entered: 06/18/2010) 06/18/2010 131 DECLARATION signed by Margaret A. Malloy re 125 MOTION Motion to Intervene for Limited Purpose of Inclusion in Confidentiality Order to be Entered re 103 MOTION for Protective Order /Motion For Entry Of A Protective Order, 119 Reply/Response,,,,, filed by Equal Employment Opportunity Commission filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1: EEOC's 1st Doc Requests, # 2 Exhibit 2−Arb Clmts' 1st Doc Requests, # 3 Exhibit 3−Sterling Resp EEOC's 1st Doc Requests, # 4 Exhibit 4 − EEOC Letter to Sterling, 5/25/10, # 5 Exhibit 5 − EEOC Rev Prop Confid Order, # 6 Exhibit 6 − EEOC's 2nd Doc Requests, # 7 Exhibit 7 − Sterling's Resp EEOC's 2nd Doc Requests, # 8 Exhibit 8 − Sterling Email to EEOC, May 18, 2010, # 9 Exhibit 9 − Order in Duling v. Gristede's, # 10 Exhibit 10 − Order in EEOC v. Grace Church, # 11 Exhibit 11 − Order in EEOC v. Bloomberg, # 12 Exhibit 12 − Order in EEOC v. Eden Park, # 13 Exhibit 13 − Order in White Cap Constr., # 14 Certificate of Service)(Malloy, Margaret) (Entered: 06/18/2010) 06/28/2010 132 REPLY/RESPONSE to re 109 MOTION for Protective Order Prohibiting Certain Discovery and Allowing EEOC to Attend Depositions of Its Witnesses Letter re. Case: Case 1:08-cv-00706-RJA-JJM 14-1782, Document 1-1, As05/15/2014, of: 05/15/2014 1235771, 04:18 PM Page20 EDT of19 47of 46 Recent Court Decision filed by Equal Employment Opportunity Commission. (Attachments: # 1 Certificate of Service)(Malloy, Margaret) (Entered: 06/28/2010) 06/28/2010 133 REPLY to Response to Motion re 125 MOTION Motion to Intervene for Limited Purpose of Inclusion in Confidentiality Order to be Entered re 103 MOTION for Protective Order /Motion For Entry Of A Protective Order filed by Arbitration Claimants. (Attachments: # 1 Exhibit 1 − RESOLVE Arbitration Agreement, # 2 Exhibit 2 − Jean v. The Stanley Works (N.D. Ohio 2007), # 3 Exhibit 3 − EEOC Guidance on Non−Waivable Employee Rights, # 4 Exhibit 4 − Order Re: Protective Order Regarding Exchange of Confidential Info. (Nov. 24, 2009), # 5 Exhibit 5 − Bell v. Lockheed Martin Corp. (D.N.J. 2010))(Mezzetti, Lisa) (Entered: 06/28/2010) 07/06/2010 134 STATUS REPORT /Letter Submission To The Honorable Judge Jeremiah J. McCarthy Regarding Developments In The AAA Proceeding by Sterling Jewelers, Inc.. (Maatman, Gerald) (Entered: 07/06/2010) 07/06/2010 E−Filing Notification: 134 STATUS REPORT /Letter Submission To The Judge McCarthy Regarding Developments In The AAA Proceeding by Sterling Jewelers, Inc.. (Maatman, Gerald) **Item filed without proof of service** (DZ) (Entered: 07/07/2010) 07/07/2010 135 CERTIFICATE OF SERVICE by Sterling Jewelers, Inc. re 134 Status Report, E−Filing Notification /Letter Submission To The Honorable Judge Jeremiah J. McCarthy Regarding Developments In The AAA Proceeding (Maatman, Gerald) (Entered: 07/07/2010) 07/07/2010 136 STATUS REPORT by Arbitration Claimants. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Certificate of Service)(Mezzetti, Lisa) (Entered: 07/07/2010) 07/08/2010 137 REPLY/RESPONSE to re 134 Status Report filed by Equal Employment Opportunity Commission. (Attachments: # 1 Certificate of Service)(Malloy, Margaret) (Entered: 07/08/2010) 07/09/2010 138 Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Oral Argument re: MOTION Motion to Intervene for Limited Purpose of Inclusion in Confidentiality Order to be Entered re 103 MOTION for Protective Order /Motion For Entry Of A Protective Order by Arbitration Claimants held on 7/9/2010. ORDER TO FOLLOW. Joseph Sellers for Arbitration Claimants (local counsel as observer, Don Eppes) −− both in person. Margaret Malloy for Pltf (in person). Gerald Maatman, Jr. for Deft (via phone). (LL) (Entered: 07/09/2010) 07/15/2010 139 DECISION AND ORDER granting in part and denying in part 109 Motion for Protective Order; granting 125 arbitration claimants' motion to intervene. Signed by Hon. Jeremiah J. McCarthy on 7/15/10. (DAZ) (Entered: 07/15/2010) 07/15/2010 CALENDAR EVENT: Status Conference set for 8/5/2010 at 11:00 AM before Hon. Jeremiah J. McCarthy. (DAZ) (Entered: 07/15/2010) 07/27/2010 140 NOTICE of Appearance by Lisa T. Sofferin on behalf of Arbitration Claimants (Sofferin, Lisa) (Entered: 07/27/2010) 07/28/2010 141 MOTION for Leave to Appear Pro Hac Vice by Arbitration Claimants.(Sofferin, Lisa) (Entered: 07/28/2010) 07/28/2010 142 MOTION for Leave to Appear Pro Hac Vice by Arbitration Claimants.(Sofferin, Lisa) (Entered: 07/28/2010) 07/29/2010 Remark − Confirmed admission to the District of Columbia State Bar for attorneys Joseph M. Sellers and Jenny R. Yang. (DZ) (Entered: 07/29/2010) 07/29/2010 143 ORDER granting [141, 142] Motions for Leave to Appear (Jenny R. Yang, Esq. and Joseph M. Sellers, Esq.) pro hac vice . Signed by Hon. Jeremiah J. McCarthy on 7/29/10. (DAZ) (Entered: 07/29/2010) 07/29/2010 144 OBJECTIONS to Order on Motion for Protective Order, Order on Motion for Miscellaneous Relief 139 /Defendant's Limited Objections Pursuant To Rule 72 To Magistrate Judge McCarthy's Decision And Order filed by Defendant Sterling Jewelers, Inc... (Attachments: # 1 Exhibit A − July 26, 2010 Memorandum And Case: Case 1:08-cv-00706-RJA-JJM 14-1782, Document 1-1, As05/15/2014, of: 05/15/2014 1235771, 04:18 PM Page21 EDT of20 47of 46 Order In Jock, et al. v. Sterling Jewelers Inc., No. 08−Civ−2875 (JSR), 2010 U.S. Dist. LEXIS 75064 (S.D.N.Y. July 26, 2010), # 2 Compendium Of Unreported Cases Cited In Defendant's Limited Objections Pursuant To Rule 72 To Magistrate Judge McCarthy's Decision And Order)(Maatman, Gerald) (Entered: 07/29/2010) 07/30/2010 145 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 7/9/10, before Judge Jeremiah J. McCarthy. Court Reporter/Transcriber Michelle L. McLaughlin, Telephone number (716) 332−3560. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 8/20/2010. Redacted Transcript Deadline set for 8/30/2010. Release of Transcript Restriction set for 10/28/2010. (DZ) (Entered: 08/02/2010) 08/02/2010 146 OBJECTIONS to Order on Motion for Protective Order, Order on Motion for Miscellaneous Relief 139 filed by Plaintiff Equal Employment Opportunity Commission.. (Attachments: # 1 Certificate of Service)(Sanghvi, Ami) (Entered: 08/02/2010) 08/02/2010 E−Filing Notification: Username and signature do not match (refer to Administrative Procedures Guide Section 1−3c). Action required: re−file document using same signature and password and file updated proof of service. 146 OBJECTIONS to Order on Motion for Protective Order, Order on Motion for Miscellaneous Relief 139 filed by Plaintiff Equal Employment Opportunity Commission.. (Attachments: # 1 Certificate of Service)(Sanghvi, Ami) (DZ) (Entered: 08/03/2010) 08/02/2010 Pro Hac Vice fee paid for Josseph M. Sellers, Jenny R. Yang: $ 150.00, receipt number 19383 (DZ) (Entered: 08/03/2010) 08/03/2010 147 TEXT ORDER re 144 Objections filed by defendants and 146 Objections filed by plaintiff to 139 Decision and Order dated 7/15/2010 of Magistrate Judge Jeremiah J. McCarthy. Response papers shall be filed on or before 8/17/2010. Any reply papers shall be filed on or before 8/24/2010. Oral Argument is scheduled for 9/2/2010 at 09:00 AM before Hon. Richard J. Arcara. SO ORDERED. Issued by Hon. Richard J. Arcara on August 3, 2010. (DJD) (Entered: 08/03/2010) 08/03/2010 148 OBJECTIONS to Order on Motion for Protective Order, Order on Motion for Miscellaneous Relief 139 filed by Plaintiff Equal Employment Opportunity Commission.. (Attachments: # 1 Certificate of Service)(Sanghvi, Ami) (Entered: 08/03/2010) 08/04/2010 149 REPLY/RESPONSE to re 103 MOTION for Protective Order /Motion For Entry Of A Protective Order re: EEOC's 8/4/10 letter filed by Sterling Jewelers, Inc.. (Maatman, Gerald) (Entered: 08/04/2010) 08/04/2010 E−Filing Notification: 149 REPLY/RESPONSE (Maatman, Gerald) **item filed without proof of service** (DZ) (Entered: 08/05/2010) 08/05/2010 150 CERTIFICATE OF SERVICE by Sterling Jewelers, Inc. re 149 Reply/Response /Letter Submission to the Honorable Judge Jeremiah J. McCarthy Regarding Sterling's Motion filed on April 21, 2010 (Maatman, Gerald) (Entered: 08/05/2010) 08/05/2010 151 Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Telephonic Status Conference held on 8/5/2010. Text Order to follow. Participants: Margaret Ann Malloy for Plaintiff; Gerald L. Maatman, Jr. for Defendant; Joseph M. Sellers, Jenny R. Yang and Lisa T. Sofferin for Arbitration Claimants. (DAZ) (Entered: 08/05/2010) 08/05/2010 152 TEXT ORDER : In accordance with today's conference, on or before August 17, 2010, the parties, including the arbitration claimants, shall file the most current version of the proposed protective order, along with letter briefs (not to exceed 5 pages, single spaced) addressing the areas that remain in dispute concerning Sterling's motion for a protective order 103 . As to each disputed provision, the parties and arbitration claimants shall indicate the language which they wish to include. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 8/5/10. (DAZ) (Entered: 08/05/2010) Case: Case 1:08-cv-00706-RJA-JJM 14-1782, Document 1-1, As05/15/2014, of: 05/15/2014 1235771, 04:18 PM Page22 EDT of21 47of 46 08/06/2010 153 NOTICE of Appearance by Natasha L. Abel on behalf of Equal Employment Opportunity Commission (Abel, Natasha) (Entered: 08/06/2010) 08/13/2010 154 NOTICE of Appearance by Jennifer Lynn Hope on behalf of Equal Employment Opportunity Commission (Hope, Jennifer) (Entered: 08/13/2010) 08/16/2010 155 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 4/15/10, before Judge Richard J. Arcara. Court Reporter/Transcriber Yvonne M. Garrison, Telephone number (716) 847−2477. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 9/6/2010. Redacted Transcript Deadline set for 9/16/2010. Release of Transcript Restriction set for 11/15/2010. (DZ) (Entered: 08/16/2010) 08/17/2010 156 RESPONSE to Motion re 103 MOTION for Protective Order /Motion For Entry Of A Protective Order Supplemental Letter Brief filed by Equal Employment Opportunity Commission. (Attachments: # 1 Certificate of Service)(Malloy, Margaret) (Entered: 08/17/2010) 08/17/2010 157 REPLY/RESPONSE to re 148 Objections −− non−motion /Defendant's Response To Plaintiff EEOCs Objections In Part To The July 15, 2010 Order Of Magistrate Judge McCarthy filed by Sterling Jewelers, Inc.. (Attachments: # 1 Exhibit A − July 26, 2010 Memorandum And Order In Jock, et al. v. Sterling, # 2 Exhibit B − August 9, 2010 Memorandum And Order In Jock, et al. v. Sterling Jewelers, # 3 Compendium Of Unreported Cases Cited In Defendants Response To Plaintiff EEOCs Objection In Part To The 7/15/10 Order Of Magistrate Judge McCarthy)(Maatman, Gerald) (Entered: 08/17/2010) 08/17/2010 158 RESPONSE to Motion re 103 MOTION for Protective Order /Motion For Entry Of A Protective Order Supplemental Letter Brief filed by Sterling Jewelers, Inc.. (Attachments: # 1 Sterling's Compromise Proposed Confidentiality Stipulation And Order)(Maatman, Gerald) (Entered: 08/17/2010) 08/17/2010 159 REPLY/RESPONSE to re 144 Objections −− non−motion,, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Certificate of Service)(Malloy, Margaret) (Entered: 08/17/2010) 08/17/2010 160 RESPONSE to Motion re 103 MOTION for Protective Order /Motion For Entry Of A Protective Order (Supplemental Letter Brief) filed by Arbitration Claimants. (Attachments: # 1 Certificate of Service)(Sellers, Joseph) (Entered: 08/17/2010) 08/17/2010 161 REPLY/RESPONSE to re 144 Objections −− non−motion,, filed by Arbitration Claimants. (Attachments: # 1 Exhibit 1 − First Amended Class Action Arbitration Complaint, # 2 Exhibit 2 − Order re: Protective Order Regarding Exchange of Confidential Information, # 3 Exhibit 3 − Jean v. The Stanley Works (Order), # 4 Exhibit 4 − Guidance, # 5 Certificate of Service)(Sellers, Joseph) (Entered: 08/17/2010) 08/17/2010 E−Filing Notification: 158 RESPONSE to Motion re 103 MOTION for Protective Order (Maatman, Gerald) **Item filed without proof of service** (DZ) (Entered: 08/18/2010) 08/18/2010 162 CERTIFICATE OF SERVICE by Sterling Jewelers, Inc. re 158 Response to Motion, /Supplemental Letter Submission To The Honorable Judge Jeremiah J. McCarthy (Maatman, Gerald) (Entered: 08/18/2010) 08/24/2010 163 REPLY/RESPONSE to re 146 Objections −− non−motion Reply Memorandum of Law in Further Support of EEOCs Objection in Part to the July 15, 2010 Order of Magistrate Judge McCarthy filed by Equal Employment Opportunity Commission. (Attachments: # 1 Certificate of Service)(Sanghvi, Ami) (Entered: 08/24/2010) 08/24/2010 164 REPLY/RESPONSE to re 159 Reply/Response, 161 Reply/Response, /Defendant's Reply To The EEOC And Arbitration Claimants' Responses To Defendant's Limited Objections Pursuant To Rule 72 To The Magistrate Judge's Decision And Order filed by Sterling Jewelers, Inc.. (Attachments: # 1 Exhibit A − July 26, 2010 Memorandum And Order In Jock, et al. v. Sterling Jewelers Inc., # 2 Exhibit B − August 9, 2010 Memorandum And Order In Jock, et al. v. Sterling Jewelers Inc., # Case: Case 1:08-cv-00706-RJA-JJM 14-1782, Document 1-1, As05/15/2014, of: 05/15/2014 1235771, 04:18 PM Page23 EDT of22 47of 46 3 Certificate of Service, # 4 Compendium of Unreported Cases Cited in Defendant's Reply)(Maatman, Gerald) (Entered: 08/24/2010) 09/01/2010 165 TEXT ORDER. The 9/2/2010 oral argument is adjourned by the Court as to 144 Objections filed by defendants and 146 Objections filed by plaintiff to 139 Decision and Order dated 7/15/2010 of Magistrate Judge Jeremiah J. McCarthy. The oral argument is adjourned to 10/15/2010 at 02:00 PM before Hon. Richard J. Arcara. SO ORDERED. Issued by Hon. Richard J. Arcara on September 1, 2010. (DJD) (Entered: 09/01/2010) 09/03/2010 166 MOTION for Hearing re 165 Order, Terminate Hearings, Set/Reset Motion and RRDeadlines/Hearings,,, / Unopposed Motion For Setting Of A New Hearing Date On The Parties Rule 72 Objections by Sterling Jewelers, Inc.. (Attachments: # 1 Declaration Of Gerald L. Maatman, Jr., # 2 Certificate of Service)(Maatman, Gerald) (Entered: 09/03/2010) 09/09/2010 167 TEXT ORDER. Defendant filed 166 Motion for adjournment of the 10/15/2010 oral argument date as to 144 Objections filed by defendants and 146 Objections filed by plaintiff to 139 Decision and Order dated 7/15/2010 of Magistrate Judge Jeremiah J. McCarthy. The motion is granted. Oral Argument is adjourned to 10/19/2010 at 02:00 PM before Hon. Richard J. Arcara. SO ORDERED. Issued by Hon. Richard J. Arcara on September 9, 2010. (DJD) (Entered: 09/09/2010) 10/15/2010 168 DECLARATION signed by Margaret A. Malloy re 148 Objections −− non−motion, 159 Reply/Response filed by Equal Employment Opportunity Commission filed by Equal Employment Opportunity Commission. (Attachments: # 1 Certificate of Service)(Malloy, Margaret) (Entered: 10/15/2010) 10/19/2010 Minute Entry for proceedings held 10/19/2010 before Hon. Richard J. Arcara. Oral Argument is held as to 144 Objections (Appeal) filed by defendants and 146 Objections (Appeal) filed by plaintiff to 139 Decision and Order dated 7/15/2010 of Magistrate Judge Jeremiah J. McCarthy. Appearances: Pltf − Margaret Malloy; Deft − Gerald Maatman, Scott Horton; Arbitration Claimants − Jenny Yang, Donald Eppers (Court Recorder ECRO Elizabeth Knipe.) (DJD) (Entered: 11/29/2010) 04/25/2011 169 DECISION AND ORDER granting in part and denying in part 85 Motion to Bifurcate. Signed by Hon. Richard J. Arcara on 4/25/2011. (JMB) (Entered: 04/25/2011) 04/25/2011 170 ORDER affirming Magistrate Judge McCarthy;s Decision and Order and denying the parties' objections thereto. Signed by Hon. Richard J. Arcara on 4/25/2011. (JMB) (Entered: 04/25/2011) 05/06/2011 171 TEXT ORDER : A status conference is set for May 20, 2011 at 10:00 a.m. The parties may participate via telephone upon advance notice to chambers. The court will initiate the call. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 5/6/11. (DAZ) (Entered: 05/06/2011) 05/09/2011 172 TEXT ORDER : The status conference set for May 20, 2011 at 10:00 a.m. in Equal Employment Opportunity Commission v. Sterling Jewelers, Inc., (8−cv−706) is rescheduled to May 17, 2011 at 11:30 a.m. Oral argument in Equal Employment Opportunity Commission v. Sterling Jewelers Inc. (11−mc−28) is also set for this time. The parties may participate via telephone upon advance notice to chambers. The court will initiate the call. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 5/9/11. (DAZ) (Entered: 05/09/2011) 05/17/2011 173 Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Status Conference held on 5/17/2011 to discuss discovery issues/ motion for confidentiality order. Written decision to follow. A further status conference is set for 6/23/11 at 3:00 p.m. Apearances: Pltfs − Margaret Ann Malloy, Judith Ann Biltekoff, Ami T. Sanghvi; Defts − Scott Patrick Horton, Gerald L. Maatman, Jr., Stephen S. Zashin (via telephone); Intervenors − Joseph M. Sellers. (DAZ) (Entered: 05/17/2011) 05/17/2011 174 TEXT ORDER: In accordance with today's proceeding, a conference is set for June 23, 2011 at 3:00 p.m. On or before June 16, 2011, the parties shall confer and Case: Case 1:08-cv-00706-RJA-JJM 14-1782, Document 1-1, As05/15/2014, of: 05/15/2014 1235771, 04:18 PM Page24 EDT of23 47of 46 submit (joint or individual) proposed case management orders and letters addressing the issues, if any, they wish to address at the conference. The parties may participate in the June 23 conference via telephone upon advance notice to chambers. The court will initiate the call. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 5/17/11. (DAZ) (Entered: 05/17/2011) 05/17/2011 Set/Reset Hearings: Status Conference set for 6/23/2011 03:00 PM before Hon. Jeremiah J. McCarthy. (DZ) (Entered: 05/18/2011) 05/23/2011 175 MOTION for Reconsideration re 169 Order on Motion to Bifurcate by Equal Employment Opportunity Commission.(Malloy, Margaret) (Entered: 05/23/2011) 05/23/2011 176 MEMORANDUM in Support re 175 MOTION for Reconsideration re 169 Order on Motion to Bifurcate filed by Equal Employment Opportunity Commission. (Malloy, Margaret) (Entered: 05/23/2011) 05/23/2011 177 AFFIDAVIT in Support re 175 MOTION for Reconsideration re 169 Order on Motion to Bifurcate filed by Equal Employment Opportunity Commission. (Malloy, Margaret) (Entered: 05/23/2011) 05/23/2011 178 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 175 MOTION for Reconsideration re 169 Order on Motion to Bifurcate, 176 Memorandum in Support of Motion, 177 Affidavit in Support of Motion (Malloy, Margaret) (Entered: 05/23/2011) 05/26/2011 179 TEXT ORDER re 175 MOTION for Reconsideration filed by Equal Employment Opportunity Commission. Defendant to file a response by 6/3/2011. Signed by Hon. Richard J. Arcara on 5/26/2011. (JMB) (Entered: 05/26/2011) 06/03/2011 180 RESPONSE to Motion re 175 MOTION for Reconsideration re 169 Order on Motion to Bifurcate (Response to EEOC's Motion for Clarification or Reconsideration of the Court's April 25, 2011 Order Concerning Bifurcation) filed by Sterling Jewelers, Inc.. (Attachments: # 1 Declaration Of Gerald L. Maatman, Jr., # 2 Exhibit A To Maatman Declaration − Plaintiff EEOCs Initial Disclosures Pursuant To Rule 26(a)(1), # 3 Exhibit B To Maatman Declaration − EEOCs Responses To Sterlings First Set Of Interrogatories)(Maatman, Gerald) (Entered: 06/03/2011) 06/03/2011 181 CONTINUATION OF EXHIBITS to 180 Response to Motion,, (Compendium Of Unreported Cases Cited In Defendant's Response To The EEOC's Motion For Clarification (Tabs A − D)). (Attachments: # 1 Compendium Of Unreported Cases Cited In Defendant's Response To The EEOC's Motion For Clarification (Tabs E − H))(Maatman, Gerald) (Entered: 06/03/2011) 06/16/2011 182 TEXT ORDER denying 175 Motion for Reconsideration. Signed by Hon. Richard J. Arcara on 6/16/2011. (JMB) (Entered: 06/16/2011) 06/23/2011 183 DECISION AND ORDER granting in part and denying in part 103 Motion for Protective Order. Signed by Hon. Jeremiah J. McCarthy on 6/23/11. (DAZ) (Entered: 06/23/2011) 06/23/2011 184 Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Telephonic Status Conference held on 6/23/2011 to set Case Management Order deadlines. Due to unresolved issues, deadlines not set. Further submissions to be made addressing these issues to the court. Appearances: Margaret Ann Malloy − Plaintiff; Gerald L. Maatman, Jr. − Defendant; Joseph M. Sellers − Arbitration Claimants. (DAZ) (Entered: 06/24/2011) 06/24/2011 185 TEXT ORDER : In accordance with yesterday's proceeding, on or before July 15, 2011 the parties shall file and serve briefs addressing whether the EEOC's individual claims of unlawful discrimination under Section 706 of Title VII of the Civil Rights Act of 1964 should also be bifurcated. The parties' briefs may also address any discovery issues bearing directly on bifurcation. Entry of a Case Management Order will be deferred until this issue is resolved. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 6/24/11. (DAZ) (Entered: 06/24/2011) 06/30/2011 186 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 6/23/11, before Judge Jeremiah J. McCarthy. Court Reporter/Transcriber Christi A. Case: Case 1:08-cv-00706-RJA-JJM 14-1782, Document 1-1, As05/15/2014, of: 05/15/2014 1235771, 04:18 PM Page25 EDT of24 47of 46 Macri, Telephone number (585) 613−4310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/21/2011. Redacted Transcript Deadline set for 8/1/2011. Release of Transcript Restriction set for 9/28/2011. (DZ) (Entered: 07/01/2011) 07/06/2011 187 Proposed MOTION for Protective Order Pursuant to the Court's June 23, 2011 Order by Sterling Jewelers, Inc.. (Attachments: # 1 Text of Proposed Order Proposed Confidentiality Stipulation And Order)(Maatman, Gerald) (Entered: 07/06/2011) 07/07/2011 188 RESPONSE to Motion re 187 Proposed MOTION for Protective Order Pursuant to the Court's June 23, 2011 Order filed by Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order EEOC's Version, # 2 Text of Proposed Order Redlined Comparison, # 3 Certificate of Service)(Malloy, Margaret) (Entered: 07/07/2011) 07/07/2011 189 RESPONSE to Motion re 187 Proposed MOTION for Protective Order Pursuant to the Court's June 23, 2011 Order filed by Arbitration Claimants. (Sellers, Joseph) (Entered: 07/07/2011) 07/15/2011 190 TEXT ORDER : Defendant's response to the objections [188, 189] to the proposed protective order [187−1] shall be served and filed by July 22, 2011, after which time the proposed protective order will be taken under advisement without further oral argument unless deemed necessary by the court. SO ORDERED.Issued by Hon. Jeremiah J. McCarthy on 7/15/11. (DAZ) (Entered: 07/15/2011) 07/15/2011 191 MEMORANDUM/BRIEF re 184 Terminate Hearings, Status Conference,, 185 Order,, [Letter Brief to Magistrate Judge McCarthy] by Sterling Jewelers, Inc.. (Attachments: # 1 Exhibit 1 − June 23, 2011 Transcript of Proceedings Before The Honorable Jeremiah J. McCarthy, U.S. Magistrate Judge)(Maatman, Gerald) (Entered: 07/15/2011) 07/15/2011 192 MEMORANDUM in Support re 85 MOTION to Bifurcate and Coordinate to further clarify filed by Equal Employment Opportunity Commission. (Attachments: # 1 Declaration of Margaret A. Malloy)(Malloy, Margaret) (Entered: 07/15/2011) 07/15/2011 193 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 192 Memorandum in Support of Motion (Malloy, Margaret) (Entered: 07/15/2011) 07/19/2011 194 AMENDED DOCUMENT by Equal Employment Opportunity Commission. Amendment to 192 Memorandum in Support of Motion corrected declaration with exhibits. (Attachments: # 1 Certificate of Service)(Malloy, Margaret) (Entered: 07/19/2011) 07/20/2011 195 REPLY/RESPONSE to re 188 Response to Motion, 189 Response to Motion, 190 Order, Set Deadlines/Hearings,, Pursuant to the Court's July 15, 2011 Text Order filed by Sterling Jewelers, Inc.. (Maatman, Gerald) (Entered: 07/20/2011) 07/20/2011 196 TEXT ORDER: At defendant's request, it may submit a letter response, not to exceed 7 pages, to plaintiff's submission concerning the bifurcation of plaintiff's individual claims of unlawful discrimination under Section 706 of Title VII of the Civil Rights Act of 1964 194 by July 27, 2011. Issued by Hon. Jeremiah J. McCarthy on 7/20/11. (LL) (Entered: 07/20/2011) 07/27/2011 197 REPLY/RESPONSE to re 194 Amended Document, 196 Text Order, Set Deadlines/Hearings,, 192 Memorandum in Support of Motion [Sterling's Letter Brief in Response to the EEOC's July 15 and 19 Pleadings] filed by Sterling Jewelers, Inc.. (Maatman, Gerald) (Entered: 07/27/2011) 07/27/2011 E−Filing Notification: 197 REPLY/RESPONSE to re 194 Amended Document, 196 Text Order, (Maatman, Gerald) **Item filed without proof of service** (DZ) (Entered: 07/28/2011) 07/28/2011 198 CERTIFICATE OF SERVICE by Sterling Jewelers, Inc. re 197 Reply/Response, (Maatman, Gerald) (Entered: 07/28/2011) Case: Case 1:08-cv-00706-RJA-JJM 14-1782, Document 1-1, As05/15/2014, of: 05/15/2014 1235771, 04:18 PM Page26 EDT of25 47of 46 10/07/2011 199 DECISION AND ORDER: Stage I will not include discovery into the EEOC's Section 706 claims. A status conference with the parties to finalize the deadlines of the Stage I Case Management Order will be held on November 3, 2011 at 11:00 a.m. The parties may participate via telephone upon advance notice to chambers. The court will initiate the call. Signed by Hon. Jeremiah J. McCarthy on 10/7/11. (DAZ) (Entered: 10/07/2011) 10/07/2011 200 SUPPLEMENTAL DECISION AND ORDER : Proposed Confidentiality Order 187 is amended as set forth herein. Sterling shall submit a confidentiality order for Judge McCarthy's signature with the modifications set forth herein by October 17, 2011. Signed by Hon. Jeremiah J. McCarthy on 10/7/11. (DAZ) (Entered: 10/07/2011) 11/03/2011 201 Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Status Conference held on 11/3/2011. Text order to follow. Appearances: Margaret Ann Malloy and Elizabeth Grossman (both via telephone) for Plaintiff; Scott Patrick Horton and Gerald L. Maatman, Jr. for Defendant. (DAZ) (Entered: 11/03/2011) 11/03/2011 202 TEXT ORDER : In accordance with today's proceeding, the parties shall confer and submit a mutually agreeable Case Management Order based on the terms agreed to at today's proceeding. If the parties are unable to submit a mutually agreeable Case Management Order, they shall identify the areas of disagreement and their respective positions. On or before November 15, 2011, the parties shall submit letters (not to exceed 10 pages) identifying any pending discovery disputes. A telephonic conference to discuss these discovery issues is set for November 18, 2011 at 2:00 p.m. The parties shall provide the court with telephone numbers where they can be contacted. The court will initiate the call. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 11/3/11. (DAZ) (Entered: 11/03/2011) 11/07/2011 203 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 11/3/11, before Judge Jeremiah J. McCarthy. Court Reporter/Transcriber Michelle L. McLaughlin, Telephone number (716) 332−3560. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/28/2011. Redacted Transcript Deadline set for 12/8/2011. Release of Transcript Restriction set for 2/6/2012. (DZ) (Entered: 11/07/2011) 11/07/2011 204 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 5/17/11, before Magistrate Judge McCarthy. Court Reporter/Transcriber Michelle L. McLaughlin, RPR, Telephone number 716−332−3560. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 11/28/2011. Redacted Transcript Deadline set for 12/8/2011. Release of Transcript Restriction set for 2/6/2012. (SG) (Entered: 11/07/2011) 11/08/2011 205 MOTION to appear pro hac vice (Daniel B. Klein) ( Filing fee $ 75 receipt number 0209−1484070.) by Sterling Jewelers, Inc.. (Attachments: # 1 Declaration of Gerald L. Maatman, Jr. in Support of Pro Hac Vice Motion, # 2 Declaration of Daniel B. Klein)(Maatman, Gerald) (Entered: 11/08/2011) 11/08/2011 206 CONFIDENTIALITY ORDER. Signed by Hon. Jeremiah J. McCarthy on 11/8/11. (DAZ) (Entered: 11/09/2011) 11/08/2011 E−Filing Notification: 205 MOTION to appear pro hac vice (Daniel B. Klein) ( Filing fee $ 75 receipt number 0209−1484070.) ***Motion papers missing Attorney Oath, civility principles oath, attorney database information form and CM/ECF registration form. When you re−file complete motion, please select motion category but use "APPEAR" event so that you do not pay a second fee.** (DZ) (Entered: 11/09/2011) 11/08/2011 (Court only) ***Motions terminated: 205 MOTION to appear pro hac vice (Daniel B. Klein) **incomplete paperwork, document to be re−filed**(DZ) (Entered: 11/09/2011) Case: Case 1:08-cv-00706-RJA-JJM 14-1782, Document 1-1, As05/15/2014, of: 05/15/2014 1235771, 04:18 PM Page27 EDT of26 47of 46 11/09/2011 11/10/2011 207 MOTION for Leave to Appear Pro Hac Vice (Daniel B. Klein) by Sterling Jewelers, Inc.. (Attachments: # 1 Affidavit of Gerald L. Maatman, Jr., # 2 Affidavit of Daniel B. Klein, # 3 Attorney's Oath, # 4 Civility Principles Oath of Office, # 5 Attorney Database Form, # 6 ECF Registration Form)(Maatman, Gerald) (Entered: 11/09/2011) Confirmed admission to the Massachusetts State Bar for attorney Daniel B. Klein (DZ) (Entered: 11/10/2011) 11/14/2011 208 TEXT ORDER: The November 18, 2011 conference is adjourned to November 28, 2011 at 2:00 p.m. The parties may participate via telephone upon advance notice to chambers. The court will initiate the call. The deadline for the parties' letter submissions 202 is extended November 22, 2011. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 11/14/11. (DAZ) (Entered: 11/14/2011) 11/17/2011 209 Stage I Discovery Plan and Case Management Order. Signed by Hon. Jeremiah J. McCarthy on 11/17/11. (DAZ) (Entered: 11/18/2011) 11/17/2011 210 ORDER granting 207 Motion for Leave to Appear Pro Hac Vice (Daniel B. Klein, Esq.). Signed by Hon. Jeremiah J. McCarthy on 11/17/11. (DAZ) (Entered: 11/18/2011) 11/28/2011 211 Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Telephonic Status Conference held on 11/28/2011 re discovery issues. Appearances: Margaret Ann Malloy and Ami T. Sanghvi for Plaintiff; Gerald L. Maatman Jr. for Defendant. (DAZ) (Entered: 11/28/2011) 11/29/2011 212 TEXT ORDER : In accordance with yesterday's telephonic conference, the parties shall file and serve motions concerning the pending discovery disputes by December 28, 2011; responses shall be filed and served by January 11, 2012; after which time the motions will be taken under advisement without oral argument unless deemed necessary by the court. In the interim, the parties shall continue to confer in an attempt to narrow the pending discovery disputes. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 11/29/11. (DAZ) (Entered: 11/29/2011) 12/01/2011 213 MOTION to Opt Out of ADR by Sterling Jewelers, Inc.. (Attachments: # 1 Declaration of Gerald L. Maatman, Jr. in Support of Motion to Opt Out of ADR)(Maatman, Gerald) (Entered: 12/01/2011) 12/20/2011 214 ORDER denying 213 Motion to Opt Out of ADR and setting schedule for selection of mediator and mediation session. Signed by Hon. Richard J. Arcara on 12/20/2011. (JMB) (Entered: 12/20/2011) 12/28/2011 215 MOTION to Compel Discovery by Sterling Jewelers, Inc..(Maatman, Gerald) (Entered: 12/28/2011) 12/28/2011 216 MEMORANDUM/BRIEF re 215 MOTION to Compel Discovery by Sterling Jewelers, Inc.. (Attachments: # 1 Exhibit A − EEOCs Responses To Sterlings First Set Of Requests For Production, # 2 Exhibit B − EEOCs Responses To Sterlings First Set Of Interrogatories, # 3 Exhibit C − Transcript From November 3, 2011 Hearing Before Magistrate Judge McCarthy, # 4 Exhibit D − Correspondence To Margaret Malloy Of The EEOC From Gerald L. Maatman, Jr. Dated April 12, 2011, # 5 Exhibit E − Correspondence To Gerald L. Maatman, Jr. From Margaret Malloy Dated June 15, 2011)(Maatman, Gerald) (Entered: 12/28/2011) 12/28/2011 217 AFFIDAVIT in Support re 216 Memorandum/Brief,, 215 MOTION to Compel Discovery (Affidavit and Certification of Compliance of Gerald L. Maatman, Jr.) by Sterling Jewelers, Inc.. (Attachments: # 1 Exhibit 1 To Maatman Affidavit Correspondence To Margaret Malloy Of The EEOC From Gerald L. Maatman, Jr. Dated April 6, 2010, # 2 Exhibit 2 To Maatman Affidavit Correspondence To Margaret Malloy Of The EEOC From Gerald L. Maatman, Jr. Dated July 28, 2010, # 3 Exhibit 3 To Maatman Affidavit Correspondence To Margaret Malloy Of The EEOC From Gerald L. Maatman, Jr. Dated April 12, 2011, # 4 Exhibit 4 To Maatman Affidavit Correspondence To Gerald L. Maatman, Jr. From Margaret Malloy Dated June 15, 2011)(Maatman, Gerald) (Entered: 12/28/2011) 12/28/2011 218 First MOTION to Compel Sterling Jewelers to provide discovery responses by Equal Employment Opportunity Commission.(Malloy, Margaret) (Entered: Case: Case 1:08-cv-00706-RJA-JJM 14-1782, Document 1-1, As05/15/2014, of: 05/15/2014 1235771, 04:18 PM Page28 EDT of27 47of 46 12/28/2011) 12/28/2011 219 DECLARATION signed by Margaret A. Malloy re 218 First MOTION to Compel Sterling Jewelers to provide discovery responses filed by Equal Employment Opportunity Commission filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Sterling 26(a) disclosures, # 2 Exhibit EEOC 1st Requests for Production, # 3 Exhibit EEOC 2d RFPs, # 4 Exhibit EEOC 1st Interrogatories, # 5 Exhibit Sterling Response 1st RFPs, # 6 Exhibit EEOC email to Sterling, # 7 Exhibit Sterling to EEOC correspondence, # 8 Exhibit Sterling Response EEOC 2d RFPs, # 9 Exhibit Sterling Response EEOC 1st Interrogatories, # 10 Exhibit EEOC to Sterling correspondence, # 11 Exhibit Sterling to EEOC correspondence, # 12 Exhibit EEOC to Sterling Correspondence, # 13 Exhibit EEOC to Sterling correspondence, # 14 Exhibit EEOC to Sterling correspondence, # 15 Exhibit EEOC to Judge McCarthy, # 16 Exhibit Sterling to Judge McCarthy, # 17 Exhibit EEOC to Judge McCarthy, # 18 Exhibit EEOC to Sterling correspondence, # 19 Exhibit Sterling to EEOC correspondenc, # 20 Exhibit EEOC to Sterling correspondence, # 21 Exhibit EEOC to Sterling correspondence, # 22 Exhibit redacted documents (submitted in camera), # 23 Exhibit Duling court order)(Malloy, Margaret) (Entered: 12/28/2011) 12/28/2011 220 MEMORANDUM in Support re 218 First MOTION to Compel Sterling Jewelers to provide discovery responses filed by Equal Employment Opportunity Commission. (Malloy, Margaret) (Entered: 12/28/2011) 12/28/2011 221 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 220 Memorandum in Support of Motion, 219 Declaration,,,,, 218 First MOTION to Compel Sterling Jewelers to provide discovery responses (Malloy, Margaret) (Entered: 12/28/2011) 12/28/2011 E−Filing Notification: 217 AFFIDAVIT in Support re 216 Memorandum/Brief,, 215 MOTION to Compel Discovery (Affidavit and Certification of Compliance of Gerald L. Maatman, Jr.) by Sterling Jewelers, Inc.. **AFFIDAVIT to be re−filed as notary signature and commission information missing; updated proof of service required.(DZ) (Entered: 12/29/2011) 12/29/2011 222 AFFIDAVIT in Support re 217 Affidavit in Support,, 216 Memorandum/Brief,, 215 MOTION to Compel Discovery, E−Filing Notification, (Affidavit and Certification of Compliance of Gerald L. Maatman, Jr. notarized) by Sterling Jewelers, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Maatman, Gerald) (Entered: 12/29/2011) 01/11/2012 223 MEMORANDUM IN OPPOSITION re 218 First MOTION to Compel Sterling Jewelers to provide discovery responses by Sterling Jewelers, Inc.. (Attachments: # 1 Exhibit 1 − Correspondence To Gerald L. Maatman, Jr. From Margaret Malloy Dated May 12, 2011, # 2 Exhibit 2 − Correspondence To Margaret Malloy Of The EEOC From Gerald L. Maatman, Jr. Dated June 21, 2011, # 3 Exhibit 3 − Declaration Of Michael D. Lynch, # 4 Exhibit 4 − Declaration Of Gerald L. Maatman, Jr.)(Maatman, Gerald) (Entered: 01/11/2012) 01/11/2012 224 MEMORANDUM in Opposition re 215 MOTION to Compel Discovery filed by Equal Employment Opportunity Commission. (Malloy, Margaret) (Entered: 01/11/2012) 01/11/2012 225 DECLARATION re 215 MOTION to Compel Discovery filed by Equal Employment Opportunity Commission in Opposition to Sterling's Motion filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Mediation Agreements, # 2 Exhibit EEOC 26(a) disclosures, # 3 Exhibit Sterling's RFPs, # 4 Exhibit Sterling's Interrogatories, # 5 Exhibit 2/11/10 corresp. from EEOC to Sterling, # 6 Exhibit 2/24/10 corresp. from Sterling to EEOC, # 7 Exhibit 3/3/10 corresp. from EEOC to MJ McCarthy, # 8 Exhibit 3/5/10 corresp. from Sterling to MJ McCarthy, # 9 Exhibit 3/4/10 corresp. from EEOC to Sterling, # 10 Exhibit 3/9/10 corresp. from Sterling to EEOC, # 11 Exhibit EEOC priv. log, # 12 Exhibit 3/23/10 corresp. from EEOC to Sterling, # 13 Exhibit 3/17/10 corresp. from EEOC to MJ McCarthy, # 14 Exhibit 3/19/10 corresp. from Sterling to McCarthy, # 15 Exhibit 4/6/10 corresp. from Sterling to EEOC, # 16 Exhibit 4/7/10 corresp. from EEOC to Sterling, # 17 Exhibit 4/7/10 corresp. from EEOC to MJ McCarthy, # 18 Exhibit 4/7/10 corresp. from Sterling to MJ McCarthy, # 19 Exhibit 4/9/10 corresp. Case: Case 1:08-cv-00706-RJA-JJM 14-1782, Document 1-1, As05/15/2014, of: 05/15/2014 1235771, 04:18 PM Page29 EDT of28 47of 46 from EEOC to MJ McCarthy, # 20 Exhibit 4/14/10 corresp. from Sterling to MJ McCarthy, # 21 Exhibit 7/30/10 corresp. from EEOC to Sterling, # 22 Exhibit 6/15/11 corresp. from EEOC to Sterling, # 23 Exhibit 11/18/11 corresp. from EEOC to Sterling, # 24 Exhibit 11/22/11 corresp. from EEOC to MJ McCarthy, # 25 Exhibit 11/22/11 corresp. from Sterling to MJ McCarthy, # 26 Exhibit 12/6/11 corresp. from EEOC to Sterling)(Malloy, Margaret) (Entered: 01/11/2012) 01/11/2012 226 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 224 Memorandum in Opposition to Motion, 225 Declaration,,,,,, (Malloy, Margaret) (Entered: 01/11/2012) 01/31/2012 227 Stipulation−Selection of Mediator by Equal Employment Opportunity Commission, Sterling Jewelers, Inc.(Malloy, Margaret) (Entered: 01/31/2012) 01/31/2012 228 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 227 Stipulation−Selection of Mediator (Malloy, Margaret) (Entered: 01/31/2012) 03/06/2012 *** MOTION TERMINATED *** 187 Motion for Protective Order. (DAZ) (Entered: 03/06/2012) 03/08/2012 229 MOTION for Protective Order Sealing Exhibit 22 to EEOC's Motion to Compel by Sterling Jewelers, Inc.. (Attachments: # 1 Memorandum in Support of Defendant's Motion for Protective Order Sealing Exhibit 22 to EEOC's Motion to Compel)(Maatman, Gerald) (Entered: 03/08/2012) 03/13/2012 230 TEXT ORDER : Responses to defendant's motion for a protective order 229 shall be served and filed by March 26, 2012; defendant's reply, if any, shall be served and filed by April 2, 2012, after which time the motion 229 will be taken under advisement without oral argument unless requested by one of the parties or deemed necessary by the court. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 3/13/12. (DAZ) (Entered: 03/13/2012) 03/16/2012 231 Mediation Certification by Mediator Hunter Hughes. (JEC) (Entered: 03/16/2012) 03/20/2012 232 NOTICE of Appearance by Donald Eppers on behalf of Arbitration Claimants (Eppers, Donald) (Entered: 03/20/2012) 03/26/2012 233 DECLARATION signed by Margaret A. Malloy re 229 MOTION for Protective Order Sealing Exhibit 22 to EEOC's Motion to Compel filed by Equal Employment Opportunity Commission Response filed by Equal Employment Opportunity Commission. (Attachments: # 1 Certificate of Service)(Malloy, Margaret) (Entered: 03/26/2012) 04/16/2012 234 MOTION to Compel (Pre−Motion Letter To Magistrate Judge McCarthy Requesting the Court to Compel Further Rule 30(b)(6) Deposition Testimony from the EEOC) by Sterling Jewelers, Inc.. (Attachments: # 1 Affidavit Declaration Of Gerald L. Maatman, Jr. (and Index of Exhibits to Declaration), # 2 Exhibit 1 − Notice of Rule 30(b)(6) Deposition of the EEOC, # 3 Exhibit 2 − February 9, 2012 letter from Sterling to EEOC, # 4 Exhibit 3 − February 17, 2012 letter from EEOC to Sterling, # 5 Exhibit 4 − February 27, 2012 letter from Sterling to EEOC, # 6 Exhibit 5 − April 8, 2012 letter from EEOC to Sterling, # 7 Exhibit 6 − Deposition transcript of Jennifer Carlo)(Maatman, Gerald) (Entered: 04/16/2012) 04/16/2012 235 MOTION to Compel (Pre−Motion Letter To Magistrate Judge McCarthy Requesting the Court to Compel the EEOC to Fully Respond to Pending Discovery Requests) by Sterling Jewelers, Inc.. (Attachments: # 1 Affidavit Declaration of Gerald L. Maatman, Jr. (and Index of Exhibits to Declaration), # 2 Exhibit 1 − EEOC Compliance Manual, Vol. 1, Sec. 22.2, # 3 Exhibit 2 − Defendants First Set of Requests for Production of Documents, # 4 Exhibit 3 − EEOCs Amended Privilege Log, dated November 18, 2011, # 5 Exhibit 4 − Deposition transcript of Jennifer Carlo, # 6 Exhibit 5 − February 9, 2012 letter from Sterling to EEOC, # 7 Exhibit 6 − February 17, 2012 letter from EEOC to Sterling, # 8 Exhibit 7 − February 27, 2012 letter from Sterling to EEOC, # 9 Exhibit 8 − March 13, 2012 letter from EEOC to Sterling)(Maatman, Gerald) (Entered: 04/16/2012) 04/19/2012 236 RESPONSE to Motion re 235 MOTION to Compel (Pre−Motion Letter To Magistrate Judge McCarthy Requesting the Court to Compel the EEOC to Fully Respond to Pending Discovery Requests) MOTION to Compel (Pre−Motion Letter Case: Case 1:08-cv-00706-RJA-JJM 14-1782, Document 1-1, As05/15/2014, of: 05/15/2014 1235771, 04:18 PM Page30 EDT of29 47of 46 To Magistrate Judge McCarthy Requesting the Court to Compel the EEOC to Fully Respond to Pending Discovery Requests) MOTION to Compel (Pre−Motion Letter To Magistrate Judge McCarthy Requesting the Court to Compel the EEOC to Fully Respond to Pending Discovery Requests) MOTION to Compel (Pre−Motion Letter To Magistrate Judge McCarthy Requesting the Court to Compel the EEOC to Fully Respond to Pending Discovery Requests), 234 MOTION to Compel (Pre−Motion Letter To Magistrate Judge McCarthy Requesting the Court to Compel Further Rule 30(b)(6) Deposition Testimony from the EEOC) MOTION to Compel (Pre−Motion Letter To Magistrate Judge McCarthy Requesting the Court to Compel Further Rule 30(b)(6) Deposition Testimony from the EEOC) MOTION to Compel (Pre−Motion Letter To Magistrate Judge McCarthy Requesting the Court to Compel Further Rule 30(b)(6) Deposition Testimony from the EEOC) and Request for Court Conference filed by Equal Employment Opportunity Commission. (Attachments: # 1 Certificate of Service)(Malloy, Margaret) (Entered: 04/19/2012) 04/19/2012 237 TEXT ORDER : A conference concerning the pending discovery disputes ([234, 235]) is set for April 27, 2012 at 2:30 p.m. In advance of the conference, plaintiff may make written submissions addressing the current discovery disputes. The parties may participate via telephone upon advance notice to chambers. The court will initiate the call. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 4/19/12. (DAZ) (Entered: 04/19/2012) 04/25/2012 238 REPLY/RESPONSE to re 236 Response to Motion,,,,, (Letter to Magistrate Judge McCarthy in response to the EEOC's letter to the Court of April 19, 2012) filed by Sterling Jewelers, Inc.. (Attachments: # 1 Exhibit A − Declaration of Gerald L. Maatman, Jr., # 2 Certificate of Service)(Maatman, Gerald) (Entered: 04/25/2012) 04/26/2012 239 RESPONSE to Motion re 235 MOTION to Compel (Pre−Motion Letter To Magistrate Judge McCarthy Requesting the Court to Compel the EEOC to Fully Respond to Pending Discovery Requests) MOTION to Compel (Pre−Motion Letter To Magistrate Judge McCarthy Requesting the Court to Compel the EEOC to Fully Respond to Pending Discovery Requests) MOTION to Compel (Pre−Motion Letter To Magistrate Judge McCarthy Requesting the Court to Compel the EEOC to Fully Respond to Pending Discovery Requests) MOTION to Compel (Pre−Motion Letter To Magistrate Judge McCarthy Requesting the Court to Compel the EEOC to Fully Respond to Pending Discovery Requests), 234 MOTION to Compel (Pre−Motion Letter To Magistrate Judge McCarthy Requesting the Court to Compel Further Rule 30(b)(6) Deposition Testimony from the EEOC) MOTION to Compel (Pre−Motion Letter To Magistrate Judge McCarthy Requesting the Court to Compel Further Rule 30(b)(6) Deposition Testimony from the EEOC) MOTION to Compel (Pre−Motion Letter To Magistrate Judge McCarthy Requesting the Court to Compel Further Rule 30(b)(6) Deposition Testimony from the EEOC) filed by Equal Employment Opportunity Commission. (Attachments: # 1 Certificate of Service)(Malloy, Margaret) (Entered: 04/26/2012) 04/27/2012 240 Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Telephonic Status Conference held on 4/27/2012. Discussed motions 229, 234 and 235. Decision to follow. Appearances: Margaret Ann Malloy for Plaintiff and Gerald L. Maatman Jr. for Defendant. (DAZ) (Entered: 04/27/2012) 04/27/2012 241 TEXT ORDER : In accordance with today's telephonic conference, defendant's unopposed motion for a protective order 229 is granted and defendant's motions to compel [234, 235] are denied, without prejudice to its right to file a formal motion by May 3, 2012. If such a motion is filed, plaintiff's response shall be filed by May 18, 2012, and the motion will be deemed submitted on the papers. A further status conference is set for June 12, 2012 at 4:00 p.m. The parties may participate via telephone upon advance notice to chambers. The court will initiate the call. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 4/27/12. (DAZ) (Entered: 04/27/2012) 04/27/2012 05/03/2012 CALENDAR EVENT: Status Conference set for 6/12/2012 at 04:00 PM before Hon. Jeremiah J. McCarthy. (DAZ) (Entered: 04/27/2012) 242 MOTION to Compel Further Rule 30(b)(6) Deposition Testimony and Other Discovery from the EEOC by Sterling Jewelers, Inc..(Maatman, Gerald) (Entered: Case: Case 1:08-cv-00706-RJA-JJM 14-1782, Document 1-1, As05/15/2014, of: 05/15/2014 1235771, 04:18 PM Page31 EDT of30 47of 46 05/03/2012) 05/03/2012 243 MEMORANDUM in Support re 242 MOTION to Compel Further Rule 30(b)(6) Deposition Testimony and Other Discovery from the EEOC filed by Sterling Jewelers, Inc.. (Attachments: # 1 Affidavit Declaration of Gerald L. Maatman, Jr., # 2 Exhibit 1 to Declaration of Gerald L. Maatman, Jr. − Notice of Rule 30(b)(6) Deposition of the EEOC, # 3 Exhibit 2 to Declaration of Gerald L. Maatman, Jr. − Deposition Transcript of Jennifer Carlo, # 4 Exhibit 3 to Declaration of Gerald L. Maatman, Jr. − EEOC Compliance Manual, # 5 Exhibit 4 to to Declaration of Gerald L. Maatman, Jr. − Defendant's First Set of Requests for Production of Documents)(Maatman, Gerald) (Entered: 05/03/2012) 05/03/2012 244 CONTINUATION OF EXHIBITS to 243 Memorandum in Support of Motion,, (Compendium of Unreported Case Cited in Defendant's Memorandum of Law in Support of Its Motion to Compel). (Maatman, Gerald) (Entered: 05/03/2012) 05/07/2012 245 ORDER approving Stipulation for Discovery of Electronically Stored Information. Signed by Hon. Jeremiah J. McCarthy on 5/2/12. (DAZ) (Entered: 05/07/2012) 05/14/2012 246 DECISION AND ORDER granting in part and denying in part [215, 218] cross−motions to compel. Signed by Hon. Jeremiah J. McCarthy on 5/14/12. (DAZ) (Entered: 05/14/2012) 05/18/2012 247 Plaintiff's Motion for an Extension of Time to File Response/Reply (Margaret A. Malloy, Esq.) (Letter motion filed with permission of Hon. Jeremiah J. McCarthy).(DAZ) (Entered: 05/18/2012) 05/18/2012 248 TEXT ORDER granting 247 Motion for Extension of Time to File Response/Reply. Response/Reply due by 6/1/2012. Issued by Hon. Jeremiah J. McCarthy on 5/18/12. (DAZ) (Entered: 05/18/2012) 06/01/2012 249 DECLARATION signed by Margaret A. Malloy re 242 MOTION to Compel Further Rule 30(b)(6) Deposition Testimony and Other Discovery from the EEOC filed by Equal Employment Opportunity Commission in Opposition To Sterling's Motion to Compel filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Charges of Discrimination, # 2 Exhibit Letter from Investigator, # 3 Exhibit Letter from Sterling to EEOC re. Mediation, # 4 Exhibit Mediation Agreement, # 5 Exhibit Letter from Sterling to EEOC, # 6 Exhibit Tolling Agreement, # 7 Exhibit Letter from EEOC to Sterling Requesting Information, # 8 Exhibit EEOC Determination, # 9 Exhibit Deposition Notice, # 10 Exhibit Letter from EEOC to Sterling Re Invest. Memos, # 11 Exhibit Letter from EEOC to Sterling Re. Deposition, # 12 Exhibit Email correspondence, # 13 Exhibit Email correspondence, # 14 Exhibit Deposition Exhibit: Incomplet Fax, # 15 Exhibit Complete Fax, # 16 Exhibit Questions Invading Delibarative Process, # 17 Exhibit Carlo Declaration)(Malloy, Margaret) (Entered: 06/01/2012) 06/01/2012 250 MEMORANDUM in Opposition re 242 MOTION to Compel Further Rule 30(b)(6) Deposition Testimony and Other Discovery from the EEOC filed by Equal Employment Opportunity Commission. (Malloy, Margaret) (Entered: 06/01/2012) 06/01/2012 251 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 250 Memorandum in Opposition to Motion, 249 Declaration,,,, (Malloy, Margaret) (Entered: 06/01/2012) 06/04/2012 252 DECLARATION signed by Margaret A. Malloy re 242 MOTION to Compel Further Rule 30(b)(6) Deposition Testimony and Other Discovery from the EEOC filed by Equal Employment Opportunity Commission in Opposition to Sterling's Motion to Compel filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Charges of Discrimination, # 2 Exhibit EEOC Letter to Sterling requesting information, # 3 Exhibit Sterling Letter to EEOC inviting mediation, # 4 Exhibit Mediation Agreement, # 5 Exhibit Sterling letter to EEOC re Determination, # 6 Exhibit Tolling Agreement, # 7 Exhibit EEOC letter to Sterling re mediation unsuccessful, # 8 Exhibit EEOC Determination, # 9 Exhibit Notice of Rule 30(b)(6) deposition, # 10 Exhibit EEOC letter to Sterling re. internal documents, # 11 Exhibit EEOC to Sterling re. 30(b)(6) deposition, # 12 Exhibit EEOC and Sterling email correspondence, # 13 Exhibit EEOC and Sterling email correspondence, # 14 Exhibit deposition exhibit − fax attachment, # 15 Case: Case 1:08-cv-00706-RJA-JJM 14-1782, Document 1-1, As05/15/2014, of: 05/15/2014 1235771, 04:18 PM Page32 EDT of31 47of 46 Exhibit fax with cover sheet, # 16 Exhibit Questions invading GDP, # 17 Exhibit Declaration of Jennifer Carlo)(Malloy, Margaret) (Entered: 06/04/2012) 06/04/2012 253 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 252 Declaration,,,, (Malloy, Margaret) (Entered: 06/04/2012) 06/05/2012 254 Sterling's Motion for Leave to Serve a Reply (Gerald L. Maatman, Jr., Esq.) (Letter motion filed with permission of Hon. Jeremiah J. McCarthy).(DAZ) (Entered: 06/05/2012) 06/05/2012 255 ORDER granting 254 Sterling's Motion for Leave to Serve A Reply. Signed by Hon. Jeremiah J. McCarthy on 6/5/11. (DAZ) (Entered: 06/05/2012) 06/06/2012 256 TEXT ORDER. Sterling's reply, if any, in further support of its motion to compel 242 shall be served and filed by June 8, 2012 and the EEOC's sur−reply, if any, shall be served and filed by June 15, 2012, after which time the motion 242 will be deemed submitted on the papers. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 6/5/2012. (CMD) (Entered: 06/06/2012) 06/07/2012 CALENDAR EVENT: The June 12, 2012 conference is rescheduled from 4:00 p.m. to 3:30 p.m. before Hon. Jeremiah J. McCarthy. (CMD) (Entered: 06/07/2012) 06/08/2012 257 REPLY/RESPONSE to re 242 MOTION to Compel Further Rule 30(b)(6) Deposition Testimony and Other Discovery from the EEOC, 243 Memorandum in Support of Motion,, Defendant's Reply In Support Of Its Motion To Compel Further Rule 30(b)(6) Deposition Testimony And Other Discovery From The EEOC filed by Sterling Jewelers, Inc.. (Attachments: # 1 Compendium Of Unreported Cases Cited In Defendant's Reply In Support Of Its Motion To Compel Further Rule 30(b)(6) Deposition Testimony And Other Discovery From The EEOC)(Maatman, Gerald) (Entered: 06/08/2012) 06/12/2012 258 CALENDAR EVENT: Status Conference reset from 6/12/2012 to 6/25/2012 at 04:00 PM before Hon. Jeremiah J. McCarthy. (DAZ) (Entered: 06/12/2012) 06/15/2012 259 DECLARATION signed by Jacqueline A. Berrien re 242 MOTION to Compel Further Rule 30(b)(6) Deposition Testimony and Other Discovery from the EEOC filed by Equal Employment Opportunity Commission In Opposition to Sterling's Motion to Compel filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit exhibit 1, # 2 Exhibit exhibit 2)(Malloy, Margaret) (Entered: 06/15/2012) 06/15/2012 260 RESPONSE in Opposition re 242 MOTION to Compel Further Rule 30(b)(6) Deposition Testimony and Other Discovery from the EEOC filed by Equal Employment Opportunity Commission. (Malloy, Margaret) (Entered: 06/15/2012) 06/15/2012 261 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 259 Declaration, 260 Response in Opposition to Motion (Malloy, Margaret) (Entered: 06/15/2012) 06/25/2012 262 Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Telephonic Status Conference held on 6/25/2012. Discussed letters recently submitted to the court. A further status conference is set for July 31, 2012 at 2:00 p.m. Appearances: Margaret Ann Malloy for Plaintiff and Gerald L. Maatman Jr. for Defendant. (DAZ) Modified on 10/24/2012 to correct date of proceeding (DAZ). (Entered: 06/26/2012) 06/26/2012 CALENDAR EVENT: Status Conference set for 7/31/2012 at 02:00 PM before Hon. Jeremiah J. McCarthy. (DAZ) (Entered: 06/26/2012) 07/30/2012 263 TEXT ORDER : The July 31, 2012 status conference is adjourned to August 15, 2012 at 2:00 p.m. The parties may participate via telephone upon advance notice to chambers. The court will initiate the call. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 7/30/12. (DAZ) (Entered: 07/30/2012) 07/30/2012 264 NOTICE of Appearance by Anna Marie Pohl on behalf of Equal Employment Opportunity Commission (Pohl, Anna) (Entered: 07/30/2012) Case: Case 1:08-cv-00706-RJA-JJM 14-1782, Document 1-1, As05/15/2014, of: 05/15/2014 1235771, 04:18 PM Page33 EDT of32 47of 46 07/31/2012 265 NOTICE of Appearance by Jeffrey C. Burstein on behalf of Equal Employment Opportunity Commission (Burstein, Jeffrey) (Entered: 07/31/2012) 08/13/2012 *** MOTION TERMINATED*** 215 Motion to Compel granted in part and denied in part per 246 . (DAZ) (Entered: 08/13/2012) 08/15/2012 266 Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Oral Argument held on 8/15/2012. Parties discussed their positions as presented in various letters to the Court. Suggestions taken as to the best way to proceed with discovery issues/disputes. Parties to file formal motions on their positions, briefing schedule set. Oral argument scheduled for October 10, 2012 at 2:00 p.m. An in camera document review set for August 21, 2012 at 2:00 p.m. APPEARANCES: Nora E. Curtin, Anna Marie Pohl, Jeffrey C. Burstein for Plaintiff (all via telephone) and Gerald L. Maatman, Jr. (via telephone) for Defendant. (FTR GOLD) (DAZ) Modified on 8/16/2012 to correct date (DAZ). (Entered: 08/16/2012) 08/15/2012 CALENDAR EVENT : Status Conference set for 8/21/2012 at 02:00 PM before Hon. Jeremiah J. McCarthy. Oral Argument set for 10/10/2012 at 02:00 PM before Hon. Jeremiah J. McCarthy. Modified on 8/16/2012 to correct date from 9/21/12 to 8/21/12 (DAZ). (Entered: 08/16/2012) 08/16/2012 CALENDAR EVENT: Status Conference set for 8/21/2012 at 02:00 PM before Hon. Jeremiah J. McCarthy. (DAZ) (Entered: 08/16/2012) 08/16/2012 267 TEXT ORDER : For the reasons stated on the record at yesterday's proceeding, defendant's motion to compel 242 is denied to the extent that it seeks a further Fed. R. Civ. P. 30(b)(6) deposition, without prejudice to renewal if defendant is unable to obtain the information it seeks though the other available discovery mechanisms. The parties agree that the court may conduct an ex parte sealed proceeding with plaintiff to discuss its redactions based on the government deliberative process privilege to the documents (Berrien Declaration 259 , Exhibit 1) that have been produced for my in camera review. This telephonic conference is scheduled for August 21, 2012 at 2:00 p.m. The court will initiate the call. Since the parties have been unable to resolve their disputes concerning plaintiff's proposed Fed. R. Evid. 502(d) stipulation and the propriety of defendant's assertion of the "Resolve privilege", plaintiff shall file its motions concerning these issues by September 19, 2012, defendant's responses shall be filed by October 1, 2012, plaintiff's replies, if any, shall be filed by October 5, 2012, and oral argument is scheduled for October 10, 2012 at 2:00 p.m. In the interim, the parties shall meet and confer concerning the defendant's document redactions and response to Interrogatory No. 2. If these issues remain in dispute or there are other discovery issues that the parties seek to raise, they shall make written submissions, which will be addressed at the October 10, 2012 proceeding. The parties may participate in the October 10, 2012 proceeding by telephone upon advance notice to chambers. The court will initiate the call. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 8/16/12. (DAZ) (Entered: 08/16/2012) 08/21/2012 268 Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: In Camera Review held on 8/21/2012. Sealed proceedings. APPEARANCES: Nora E. Curtin for Plaintiff. (FTR GOLD) (DAZ) (Entered: 08/22/2012) 08/24/2012 (Court only) *** Attorney Margaret Ann Malloy terminated. (DLC) (Entered: 08/24/2012) 09/18/2012 269 MOTION to Compel by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in Support EEOC brief in support of motion to compel, # 2 Affidavit Declaration of Jeffrey Burstein in support of motion, # 3 Certificate of Service)(Burstein, Jeffrey) (Entered: 09/18/2012) 09/19/2012 270 MOTION Entry of Rule 502d Order by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in Support, # 2 Affidavit, # 3 Text of Proposed Order, # 4 Certificate of Service)(Pohl, Anna) (Entered: 09/19/2012) 09/20/2012 271 Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Telephonic Status Conference held on 9/20/2012 re depositions and possible protective order. APPEARANCES: Jeffrey Burstein for Plaintiff; Daniel B. Klein for Defendant; Sam Smith for Arbitrators/Interventor Plaintiffs. (FTR GOLD) (DAZ) (Entered: Case: Case 1:08-cv-00706-RJA-JJM 14-1782, Document 1-1, As05/15/2014, of: 05/15/2014 1235771, 04:18 PM Page34 EDT of33 47of 46 09/20/2012) 09/21/2012 272 TEXT ORDER : Yesterday, defendant orally moved for a protective order under Fed. R. Civ. P. 26(c)(1)(E) to bar Dawn Souto−Coons from attending a deposition that was occurring in this case. After considering the case authority cited by both parties, defendant's oral motion is denied for the reasons set forth on the record at yesterday's proceeding. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 9/21/12. (DAZ) (Entered: 09/21/2012) 10/01/2012 273 MEMORANDUM in Opposition re 270 MOTION Entry of Rule 502d Order Defendant's Opposition To The EEOC's Motion For An Order Pursuant To Rule 502(d) Of The Federal Rules Of Evidence filed by Sterling Jewelers, Inc.. (Maatman, Gerald) (Entered: 10/01/2012) 10/01/2012 274 MEMORANDUM in Opposition re 270 MOTION Entry of Rule 502d Order Compendium Of Unreported Cases Cited In Defendant's Opposition To The EEOC's Motion For An Order Pursuant To Rule 502(d) Of The Federal Rules Of Evidence filed by Sterling Jewelers, Inc.. (Attachments: # 1 Exhibit Tab 1, # 2 Exhibit Tab 2, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit)(Maatman, Gerald) (Entered: 10/01/2012) 10/01/2012 275 MEMORANDUM IN OPPOSITION re 269 MOTION to Compel EEOC's Second Motion For An Order Compelling Sterling To Provide Discovery Responses by Sterling Jewelers, Inc.. (Maatman, Gerald) (Entered: 10/01/2012) 10/01/2012 276 DECLARATION re 275 Memorandum in Opposition filed by Sterling Jewelers, Inc. of Gerald L. Maatman, Jr.. (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)(Maatman, Gerald) (Entered: 10/01/2012) 10/01/2012 277 CONTINUATION OF EXHIBITS by Sterling Jewelers, Inc.. to 275 Memorandum in Opposition Compendium Of Unrelated Cases Cited In Defendant's Memorandum In Opposition To EEOC's Second Motion For An Order Compelling Sterling To Provide Discovery Responses filed by Sterling Jewelers, Inc.. (Attachments: # 1 TAB 1, # 2 TAB 2)(Maatman, Gerald) (Entered: 10/01/2012) 10/04/2012 278 REPLY to Response to Motion re 269 MOTION to Compel Reply Brief of EEOC in Support of Second Motion to Compel filed by Equal Employment Opportunity Commission. (Attachments: # 1 Certificate of Service)(Burstein, Jeffrey) (Entered: 10/04/2012) 10/05/2012 279 REPLY to Response to Motion re 270 MOTION Entry of Rule 502d Order EEOC's Reply Memorandum in Support of its Motion for Order Pursuant to Rule 502(d) of the Federal Rules of Evidence filed by Equal Employment Opportunity Commission. (Attachments: # 1 Certificate of Service)(Pohl, Anna) (Entered: 10/05/2012) 10/10/2012 280 Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Oral Argument on motions [269, 270] held on 10/10/2012. Arguments presented. Court grants 269 and denies 270 for reasons stated on the record. Parties also discussed issues raised in several letters to the court. Parties wish to extend CMO deadlines but cannot agree on length of extension. Oral argument on this issue set for 11/13/12 at 4:00 p.m. Text order to follow. APPEARANCES: Anna Marie Pohl and Jeffrey C. Burstein (both parties via telephone) for Plaintiff; Gerald L. Maatman, Jr. (via telephone) for Defendant. (DAZ) (Entered: 10/10/2012) 10/10/2012 CALENDAR EVENT: Oral Argument set for 11/13/2012 at 04:00 PM before Hon. Jeremiah J. McCarthy. (DAZ) (Entered: 10/10/2012) 10/11/2012 281 TEXT ORDER : For the reasons set forth on the record at yesterday's proceeding, the EEOC's motion to compel 269 documents withheld by Sterling under the purported RESOLVE privilege is granted, and its motion 270 for the entry of a Fed. R. Evid. 502(d) order is denied, without prejudice. At yesterday's proceeding the parties also agreed that I could determine, without the benefit of a formal motion, the EEOC's request for unredacted copies of the documents identified in the attachment to its September 18, 2012 letter to the court. For the reasons stated on the record, this request is granted, and Sterling shall produce these documents in Case: Case 1:08-cv-00706-RJA-JJM 14-1782, Document 1-1, As05/15/2014, of: 05/15/2014 1235771, 04:18 PM Page35 EDT of34 47of 46 unredacted form. As noted in my May 14, 2012 Decision and Order ( 246 , p. 23), the parties shall meet and confer about the EEOC's ability to contact the Sterling employees identified in these documents, and if the parties are unable to reach an agreement on this issue, an appropriate motion may be filed. The parties having agreed that I could conduct an ex parte sealed proceeding with plaintiff to discuss its redactions based on the government deliberative process privilege 267 , and this ex parte proceeding having been conducted on August 21, 2012 268 , I conclude that the EEOC's redactions are proper under this privilege. The remaining deadlines of the Stage I Discovery Plan and Case Management Order 209 will be extended, but the duration of this extension will not be determined until this issue is briefed. By October 26, 2012 the EEOC shall file its motion to extend the Case Management Order deadlines, Sterling shall respond by November 7, 2012, and oral argument is scheduled for November 13, 2012 at 4:00 p.m. The parties may participate via telephone upon advance notice to chambers. The court will initiate the call. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 10/11/12. (DAZ) (Entered: 10/11/2012) 10/18/2012 282 STIPULATION Regarding Treatment of Depositions in the Above−Captioned Matter by Sterling Jewelers, Inc.. (Maatman, Gerald) (Entered: 10/18/2012) 10/25/2012 283 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 6/25/12, before Judge Jeremiah J. McCarthy. Court Reporter/Transcriber Debra L. Potocki, Telephone number (843) 723−2208. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 11/15/2012. Redacted Transcript Deadline set for 11/26/2012. Release of Transcript Restriction set for 1/23/2013. (DZ) (Entered: 10/25/2012) 10/26/2012 284 MOTION for Extension of Time to Complete Discovery by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in Support Brief of EEOC in support of motion to extend Case Management Order deadlines, # 2 Affidavit Declaration of Jeffrey Burstein in support of motion for extension, # 3 Certificate of Service)(Burstein, Jeffrey) (Entered: 10/26/2012) 11/07/2012 285 TEXT ORDER : At the parties' request, oral argument of the EEOC's motion to extend the Case Management Order deadlines 284 is rescheduled from November 13, 2012 to November 15, 2012 at 10:00 a.m. The parties may participate via telephone upon advance notice to chambers. The court will initiate the call. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 11/7/12. (DAZ) (Entered: 11/07/2012) 11/07/2012 286 MEMORANDUM in Opposition re 284 MOTION for Extension of Time to Complete Discovery (of the Deadlines in the Case Management Order) filed by Sterling Jewelers, Inc.. (Maatman, Gerald) (Entered: 11/07/2012) 11/07/2012 287 DECLARATION signed by Gerald L. Maatman, Jr. re 286 Memorandum in Opposition to Motion filed by Sterling Jewelers, Inc. filed by Sterling Jewelers, Inc.. (Attachments: # 1 Exhibit A − E−mail (w/o attachments) From Sterling To The EEOC Dated May 9, 2012, # 2 Exhibit B − E−mail From The EEOC Sterling To Sterling Dated May 15, 2012, # 3 Exhibit C − Letter From The EEOC To The Court Dated September 12, 2012, # 4 Exhibit D − Letter From Sterling To The Court Dated September 19, 2012, # 5 Exhibit E − Letter (w/o attachments) From The EEOC To Sterling Dated September 29, 2012, # 6 Exhibit F − Letter From Sterling To The EEOC Dated October 9, 2012)(Maatman, Gerald) (Entered: 11/07/2012) 11/15/2012 288 Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Oral Argument held on 11/15/2012. Court grants motion 284 to extend the deadlines of the Case Management Order for four months. An Amended CMO to follow. APPEARANCES: Jeffrey C. Burstein (via telephone) for Plaintiff and Gerald L. Maatman Jr. (via telephone) for Defendant. (DAZ) (Entered: 11/15/2012) 11/19/2012 289 AMENDED STAGE I CASE MANAGEMENT ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Case: Case 1:08-cv-00706-RJA-JJM 14-1782, Document 1-1, As05/15/2014, of: 05/15/2014 1235771, 04:18 PM Page36 EDT of35 47of 46 Dispositive Motions due by 10/14/2013. In the event that no dispositive mtoions are filed, the parties will contact Judge Arcara's chambers no later than 10/17/2013 to schedule a trial date as to Stage I. Signed by Hon. Jeremiah J. McCarthy on 11/16/12. (DAZ) (Entered: 11/19/2012) 11/19/2012 *** MOTION TERMINATED *** 284 Motion for Extension of Time to Complete Discovery resolved per 289 . (DAZ) (Entered: 11/19/2012) 11/29/2012 290 MOTION to Withdraw as Attorney by Sterling Jewelers, Inc..(Zashin, Stephen) (Entered: 11/29/2012) 11/30/2012 291 STIPULATION re 290 MOTION to Withdraw as Attorney Consent to Motion to Withdraw as Counsel by Sterling Jewelers, Inc.. (Zashin, Stephen) (Entered: 11/30/2012) 12/03/2012 292 ORDER granting 290 Motion to Withdraw as Attorney (Zashin &Rich Co.). Signed by Hon. Jeremiah J. McCarthy on 12/3/12. (DAZ) (Entered: 12/06/2012) 12/11/2012 293 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Telephone Status Conference Proceedings held on October 10, 2012, before Judge Jeremiah McCarthy. Court Reporter/Transcriber Debra L. Potocki, Telephone number 843−723−2208. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 1/1/2013. Redacted Transcript Deadline set for 1/11/2013. Release of Transcript Restriction set for 3/11/2013. (DLC) (Entered: 12/11/2012) 12/28/2012 294 TEXT ORDER : Defendant's letter response to plaintiff's December 27, 2012 correspondence to the court shall be served by January 7, 2013, and a conference concerning these submissions is scheduled for January 9, 2013 at 3:30 p.m. The parties may participate via telephone upon advance notice to chambers. The court will initiate the call. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 12/28/12. (DAZ) (Entered: 12/28/2012) 01/02/2013 295 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 8/15/12, before Judge Jeremiah J. McCarthy. Court Reporter/Transcriber Christi A. Macri, Telephone number christimacri50@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/23/2013. Redacted Transcript Deadline set for 2/4/2013. Release of Transcript Restriction set for 4/2/2013. (DZ) (Entered: 01/02/2013) 01/09/2013 296 MINUTE ENTRY AND ORDER : Proceedings held before Hon. Jeremiah J. McCarthy: Telephonic Status Conference held on 1/9/2013. APPEARANCES: Jeffrey Burstein for Plaintiff and Gerald L. Maatman, Jr. for Defendant. As indicated at today's conference, based upon my review of the parties' letter submissions, I am inclined to extend the deadlines of the Amended Stage I Case Management Order 289 by 60 days, but will reserve my determination until after defendant completes its document production, which it has indicated will occur by the end of January. A further telephonic conference is set for February 6, 2013 at 1:15 p.m. to address this issue. The parties shall provide my chambers with telephone numbers where they can be reached. The court will initiate the call. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 1/9/13. (FTR GOLD) (DAZ) (Entered: 01/09/2013) 01/09/2013 01/22/2013 CALENDAR EVENT: Status Conference set for 2/6/2013 at 01:15 PM before Hon. Jeremiah J. McCarthy. (DAZ) (Entered: 01/09/2013) 297 TEXT ORDER : By January 24, 2013, defendant shall submit a letter response to plaintiff's January 18, 2013 correspondence to the court, and a conference concerning these submissions is set for January 29, 2013 at 3:00 p.m. The parties may participate by telephone upon advance notice to chambers. The court will initiate the call. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 1/22/13. (DAZ) (Entered: 01/22/2013) Case: Case 1:08-cv-00706-RJA-JJM 14-1782, Document 1-1, As05/15/2014, of: 05/15/2014 1235771, 04:18 PM Page37 EDT of36 47of 46 02/06/2013 02/06/2013 02/06/2013 02/06/2013 298 Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Telephonic Status Conference held on 2/6/2013. Court addresses various discovery issues and grants 90 day extension of Case Management Order deadlines. Deadlines discussed and set. Schedule to follow. A further status conference is set for 2/22/13 at 4:00 p.m. APPEARANCES: Judith Ann Biltekoff, Jeffrey C. Burstein for Plaintiff; Gerald L. Maatman, Jr. for Defendant. (FTR GOLD) (DAZ) (Entered: 02/06/2013) CALENDAR EVENT: Status Conference set for 2/22/2013 at 04:00 PM before Hon. Jeremiah J. McCarthy. (DAZ) (Entered: 02/06/2013) 299 TEXT ORDER : In accordance with today's telephonic conference, the fact discovery deadline of the Amended Stage I Case Management Order 289 is extended to May 13, 2013, and the subsequent deadlines will be proportionally extended in a Second Amended Stage I Case Management Order. By February 11, 2013 the EEOC shall submit a letter responding to the discovery dispute identified in Sterling's January 28, 2013 letter; by February 14, 2013 Sterling may reply; and a conference concerning these submissions, as well as the right of Sterling to depose EEOC investigator David Ging, is set for February 22, 2013 at 4:00 p.m. The parties may participate by telephone upon advance notice to chambers. The court will initiate the call. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 2/6/13. (DAZ) (Entered: 02/06/2013) (Court only) *** Attorney Jeffrey A. Stern terminated. (DLC) (Entered: 02/06/2013) 02/07/2013 300 SECOND AMENDED STAGE I CASE MANAGEMENT ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Dispositive Motions due by 1/14/2014. In the event that no dispositive motions are filed, a status conference is set for 1/17/2014 at 09:00 AM before Hon. Jeremiah J. McCarthy. Signed by Hon. Jeremiah J. McCarthy on 2/7/13. (DAZ) (Entered: 02/07/2013) 02/07/2013 301 Emergency MOTION to Strike Certain Deposition Testimony And Questioning by Sterling Jewelers, Inc..(Maatman, Gerald) (Entered: 02/07/2013) 02/07/2013 302 MEMORANDUM in Support re 301 Emergency MOTION to Strike Certain Deposition Testimony And Questioning filed by Sterling Jewelers, Inc.. (Maatman, Gerald) (Entered: 02/07/2013) 02/07/2013 303 DECLARATION re 302 Memorandum in Support of Motion filed by Sterling Jewelers, Inc. . (Attachments: # 1 Exhibit A − May 14, 2002 Decision And Order, # 2 Exhibit B − Transcript Excerpts From February 6, 2013 Deposition Of Barry Fernholz)(Maatman, Gerald) (Entered: 02/07/2013) 02/08/2013 304 TEXT ORDER : The EEOC's response to Sterling's motion to strike 301 shall be served and filed by March 1, 2013; Sterling's reply, if any, shall be served and filed by March 8, 2013, after which time the motion 301 will be taken under advisement without oral argument unless requested by one of the parties or deemed necessary by the court. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 2/8/13. (DAZ) (Entered: 02/08/2013) 02/22/2013 CALENDAR EVENT : The February 22, 2013 Status Conference is reset for February 26, 2013 at 10:00 AM before Hon. Jeremiah J. McCarthy. (DAZ) (Entered: 02/22/2013) 02/25/2013 *** MOTION TERMINATED *** 242 Motion to Compel granted in part and denied in part per 267 . (DAZ) (Entered: 02/25/2013) 02/26/2013 305 Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Telephonic Status Conference held on 2/26/2013. Court addresses issues raised in the letters dated 1/18, 1/24, 1/28, 2/11 and 2/14. Court advises that letters discussed today will be put on the docket. Parties to file motions outlining the issues raised in these letters and/or any additional issues that need to be brought before the court. Court sets briefing schedule. Plaintiff has concerns about upcoming deposition and requests that the court be available during that deposition if a problem arises. Court agrees. Parties should contact the court with possible dates. APPEARANCES: Case: Case 1:08-cv-00706-RJA-JJM 14-1782, Document 1-1, As05/15/2014, of: 05/15/2014 1235771, 04:18 PM Page38 EDT of37 47of 46 Anna Marie Pohl, Jeffrey Burstein for Plaintiff; Gerald Maatman, Jr. for Defendant. (FTR GOLD) (DAZ) (Entered: 02/26/2013) 02/26/2013 306 TEXT ORDER : As agreed to by the parties at today's telephonic conference, Sterling shall file its motion concerning the EEOC's assertion of the common interest doctrine and sufficiency of the EEOC's privilege log entry nos. 95, 96 and 97 by March 8, 2013; the EEOC shall file its response by March 22, 2013; and Sterling's reply, if any, shall be filed by March 29, 2013, after which time the motion will be taken under advisement without oral argument unless deemed necessary by the court. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 2/26/13. (DAZ) (Entered: 02/26/2013) 03/01/2013 307 MEMORANDUM in Opposition re 301 Emergency MOTION to Strike Certain Deposition Testimony And Questioning filed by Equal Employment Opportunity Commission. (Attachments: # 1 Affidavit Declaration of Jeffrey Burstein, # 2 Certificate of Service)(Burstein, Jeffrey) (Entered: 03/01/2013) 03/04/2013 308 TEXT ORDER : The parties having advised me that Sterling has no objection to the request of the arbitration claimants in Jock, et al. v. Sterling Jewelers Inc. (AAA Case No. 1 160 00655 08) to intervene in this case for the limited purpose of opposing Sterling's motion challenging the EEOC's assertion of the common interest doctrine 306 , this request is granted. The arbitration claimants may file and serve a response to Sterling's motion by March 22, 2013, and participate in the oral argument (if any) of this motion. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 3/4/13. (DAZ) (Entered: 03/04/2013) 03/04/2013 309 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 2/26/13, before Judge Jeremiah J. McCarthy. Court Reporter/Transcriber Debra L. Potocki, Telephone number (843) 723−2208. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/25/2013. Redacted Transcript Deadline set for 4/4/2013. Release of Transcript Restriction set for 6/3/2013. (DZ) (Entered: 03/04/2013) 03/08/2013 310 DEFENDANT'S REPLY re: 307 Plaintiff's Memorandum in Opposition re: 301 Defendant's Motion to Strike Certain Deposition Testimony and Questioning (Maatman, Gerald) Text Modified on 3/8/2013 (DZ). (Entered: 03/08/2013) 03/08/2013 311 CONTINUATION OF EXHIBITS by Sterling Jewelers, Inc.. to 310 Reply/Response Compendium Of Unreported Cases Cited In Defendant's Reply In Support Of Its Emergency Motion To Strike Certain Deposition Testimony And Questioning filed by Sterling Jewelers, Inc.. (Maatman, Gerald) (Entered: 03/08/2013) 03/08/2013 E−Filing Notification: 310 DEFENDANT'S REPLY ** Text Modified on 3/8/2013 to link entry to correct documents (DZ). (Entered: 03/08/2013) 03/08/2013 312 MOTION to Compel Production Of Information Withheld Pursuant To EEOC Privilege Log Entry Nos. 95−97 by Sterling Jewelers, Inc..(Maatman, Gerald) (Entered: 03/08/2013) 03/08/2013 313 MEMORANDUM in Support re 312 MOTION to Compel Production Of Information Withheld Pursuant To EEOC Privilege Log Entry Nos. 95−97 filed by Sterling Jewelers, Inc.. (Maatman, Gerald) (Entered: 03/08/2013) 03/08/2013 314 DECLARATION re 313 Memorandum in Support of Motion filed by Sterling Jewelers, Inc. (Gerald L. Maatman, Jr.). (Attachments: # 1 Exhibit 1 − EEOC's Response To Sterling's First Set Of Requests For Production Of Documents, # 2 Exhibit 2 − Plaintiff's Current Privilege Log Dated June 27, 2012, # 3 Exhibit 3 − Letter From Gerald L. Maatman, Jr. To Margaret Malloy Of The EEOC Dated June 12, 2012, # 4 Exhibit 4 − Letter From Margaret Malloy Of The EEOC To Gerald L. Maatman, Jr. Dated July 10, 2012, # 5 Exhibit 5 − Letter From Gerald L. Maatman, Jr. To Jeffrey Burstein Of The EEOC Dated November 8, 2012, # 6 Exhibit 6 − Letter From Anna Pohl Of The EEOC To Gerald L. Maatman, Jr. Dated November 13, 2012, # 7 Exhibit 7 − E−Mail (Without Attachments) From Kalpana Kotagal To Gerald L. Maatman, Jr. Dated October 19, 2012, # 8 Exhibit 8 Case: Case 1:08-cv-00706-RJA-JJM 14-1782, Document 1-1, As05/15/2014, of: 05/15/2014 1235771, 04:18 PM Page39 EDT of38 47of 46 − E−mail (Without Attachments) From Timothy Wojtuski Of The EEOC To Gerald L. Maatman, Jr. Dated November 1, 2012, # 9 Exhibit 9 − E−mail Corresopondence Exchanged Between Counsel For The EEOC And Claimant's Counsel Produced To Sterling On October 19, 2012, # 10 Exhibit 10 − Corresopondence Exchanged Between Counsel For The EEOC And Claimant's Counsel Produced To Sterling On November 1, 2012, # 11 Exhibit 11 − The EEOC's Letter Submission To The Court Dated February 11, 2013, # 12 Exhibit 12 − Sterling's Letter Submission To The Court Dated August 13, 2012)(Maatman, Gerald) (Entered: 03/08/2013) 03/08/2013 315 CONTINUATION OF EXHIBITS to 313 Memorandum in Support of Motion To Compel Production Of Information Withheld Pursuant To EEOC Privilege Log Entry Nos. 95−97. (Maatman, Gerald) (Entered: 03/08/2013) 03/22/2013 316 RESPONSE in Opposition re 312 MOTION to Compel Production Of Information Withheld Pursuant To EEOC Privilege Log Entry Nos. 95−97 filed by Arbitration Claimants. (Attachments: # 1 Certificate of Service, # 2 Affidavit, # 3 Exhibit 1 to Declaration, # 4 Exhibit 2 to Declaration, # 5 Exhibit 3 to Declaration, # 6 Exhibit 4 to Declaration, # 7 Exhibit 5 to Declaration, # 8 Exhibit 6 to Declaration)(Sellers, Joseph) (Entered: 03/22/2013) 03/22/2013 317 MEMORANDUM in Opposition re 312 MOTION to Compel Production Of Information Withheld Pursuant To EEOC Privilege Log Entry Nos. 95−97 filed by Equal Employment Opportunity Commission. (Attachments: # 1 Affidavit Declaration of Anna M. Pohl, # 2 Certificate of Service)(Burstein, Jeffrey) (Entered: 03/22/2013) 03/29/2013 318 REPLY/RESPONSE to re 317 Memorandum in Opposition to Motion, 316 Response in Opposition to Motion, [Defendant's Reply In Support Of Its Motion To Compel 312 Production Of Information Withheld Pursuant To EEOC Privilege Log Entry Nos. 95−97] filed by Sterling Jewelers, Inc.. (Maatman, Gerald) (Entered: 03/29/2013) 03/29/2013 319 CONTINUATION OF EXHIBITS to 318 Reply/Response, Defendant's Reply In Support Of Its Motion To Compel Production Of Information Withheld Pursuant To EEOC Privilege Log Entry Nos. 95−97. (Maatman, Gerald) (Entered: 03/29/2013) 04/12/2013 320 THIRD AMENDED STAGE I CASE MANAGEMENT ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Dispositive Motions due by 1/14/2014. In the event that no dispositive motions are filed, a trial date status conference is set for 1/17/2014 at 09:00AM before Hon. Jeremiah J. McCarthy. Signed by Hon. Jeremiah J. McCarthy on 4/12/13. (DAZ) (Entered: 04/12/2013) 04/30/2013 321 MOTION to Withdraw as Attorney Jenny R. Yang by Arbitration Claimants.(Sellers, Joseph) (Entered: 04/30/2013) 05/03/2013 322 ORDER granting 321 Motion to Withdraw as Attorney. Attorney Jenny R. Yang terminated. Signed by Hon. Jeremiah J. McCarthy on 5/2/13. (DAZ) (Entered: 05/03/2013) 05/20/2013 323 Joint Motion to Extend Case Management Order Deadlines (Jeffrey Burstein, Esq.) (Letter motion filed with permission of Hon. Jeremiah J. McCarthy).(DAZ) (Entered: 05/20/2013) 05/20/2013 324 FOURTH AMENDED STAGE I CASE MANAGEMENT ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Dispositive Motions due by 2/4/2014. In the event that no dispositive motions are filed, a trial date status conference is set for 2/7/2014 at 09:00AM before Hon. Jeremiah J. McCarthy. Signed by Hon. Jeremiah J. McCarthy on 5/20/13. (DAZ) (Entered: 05/20/2013) Case: Case 1:08-cv-00706-RJA-JJM 14-1782, Document 1-1, As05/15/2014, of: 05/15/2014 1235771, 04:18 PM Page40 EDT of39 47of 46 05/20/2013 *** MOTION TERMINATED *** 323 Joint Motion for Extension of Case Management Order Deadlines granted per 324 . (DAZ) (Entered: 05/20/2013) 06/11/2013 325 TEXT ORDER : The EEOC's letter response to Sterling's June 11, 2013 letter concerning the Fed. R. Civ. P. 30(b)(6) deposition of David Ging shall be submitted by June 18, 2013, and a conference concerning these submissions is set for June 20, 2013 at 1:00 p.m. The parties may participate by telephone upon advance notice to chambers. The court will initiate the call. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 6/11/13. (DAZ) (Entered: 06/11/2013) 06/20/2013 CALENDAR EVENT : The June 20, 2013 conference is rescheduled for June 26, 2013 at 3:00 p.m. (DAZ) (Entered: 06/20/2013) 06/26/2013 326 Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Telephonic Status Conference held on 6/26/2013 to address issues raised in recently received correspondence. APPEARANCES: Nora E. Curtin and Judith Ann Biltekoff for Plaintiff; Gerald L. Maatman Jr. for Defendant. (FTR GOLD) (DAZ) (Entered: 06/27/2013) 07/08/2013 327 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 6/26/13, before Judge Jeremiah J. McCarthy. Court Reporter/Transcriber Christi A. Macri, Telephone number christimacri50@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/29/2013. Redacted Transcript Deadline set for 8/8/2013. Release of Transcript Restriction set for 10/7/2013. (DZ) (Entered: 07/08/2013) 07/29/2013 328 The parties' joint motion to extend the Stage I Case Management Order Deadlines (Gerald L. Maatman, Jr.) (Letter motion filed with permission of Hon. Jeremiah J. McCarthy).(DAZ) (Entered: 07/29/2013) 07/29/2013 329 FIFTH AMENDED STAGE I CASE MANAGEMENT ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Signed by Hon. Jeremiah J. McCarthy on 7/29/13. (DAZ) (Entered: 07/29/2013) 07/29/2013 *** MOTION TERMINATED *** 328 Motion to Extend Stage I Case Management Order granted per 329 . (DAZ) (Entered: 07/29/2013) 08/01/2013 330 The parties' joint motion to extend the Stage I Case Management Order Deadlines (Gerald L. Maatman, Jr.) (Letter motion filed with permission of Hon. Jeremiah J. McCarthy).(DAZ) (Entered: 08/02/2013) 08/02/2013 331 SIXTH AMENDED STAGE I CASE MANAGEMENT ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Signed by Hon. Jeremiah J. McCarthy on 8/2/13. (DAZ) (Entered: 08/02/2013) 08/02/2013 332 ORDER granting 330 Motion for Extension of Case Management Order Deadlines. See 331 . Signed by Hon. Jeremiah J. McCarthy on 8/2/13. (DAZ) (Entered: 08/02/2013) 08/07/2013 333 NOTICE of Appearance by Jeffrey S. Klein on behalf of Sterling Jewelers, Inc. (Klein, Jeffrey) (Entered: 08/07/2013) 09/03/2013 334 DECISION AND ORDER denying 301 Motion to Strike. Signed by Hon. Jeremiah J. McCarthy on 9/3/13. (DAZ) (Entered: 09/03/2013) 09/20/2013 335 MOTION to Withdraw as Attorney Lisa M. Mezzetti by Arbitration Claimants.(Sellers, Joseph) (Entered: 09/20/2013) 09/25/2013 336 MOTION for Partial Summary Judgment by Sterling Jewelers, Inc..(Maatman, Gerald) (Entered: 09/25/2013) 09/25/2013 337 MEMORANDUM in Support re 336 MOTION for Partial Summary Judgment filed by Sterling Jewelers, Inc.. (Maatman, Gerald) (Entered: 09/25/2013) Case: Case 1:08-cv-00706-RJA-JJM 14-1782, Document 1-1, As05/15/2014, of: 05/15/2014 1235771, 04:18 PM Page41 EDT of40 47of 46 09/25/2013 338 STATEMENT OF FACTS In Support Of Its Motion For Partial Summary Judgment by Sterling Jewelers, Inc. Related document: 336 Motion for Partial Summary Judgment, 337 Memorandum in Support of Motion. (Maatman, Gerald) (Entered: 09/25/2013) 09/25/2013 339 DECLARATION re 336 MOTION for Partial Summary Judgment , 337 Memorandum in Support of Motion, 338 Statement of Facts filed by Sterling Jewelers, Inc. of Gerald L. Maatman, Jr. filed by Sterling Jewelers, Inc.. (Attachments: # 1 Exhibit A − Laryssa Jock Charge, # 2 Exhibit B B − Jacquelyn Boyle Charge, # 3 Exhibit C − Marie Wolf Charge, # 4 Exhibit D − Carol King Charge, # 5 Exhibit E − Dawn Souto−Coons Charge, # 6 Exhibit F − Judy Reed Charge, # 7 Exhibit G − Assignment of Maria Melendez, # 8 Exhibit H − January 19, 2006 Letter from Melendez to Sterling, # 9 Exhibit I − April 21, 2006 Letter from Melendez to Sterling, # 10 Exhibit J − Letter from The EEOC Confirming Transfer of Files, # 11 Exhibit K − Lisa Follett Charge, # 12 Exhibit L − Carolyn Morse Charge, # 13 Exhibit M − Christy Davies Charge, # 14 Exhibit N − Linda Rhodes Charge, # 15 Exhibit O − Tana Shiver Charge, # 16 Exhibit P − Leighla Smith Charge, # 17 Exhibit Q − Khristina Rodrigues Charge, # 18 Exhibit R − Gloria Pagan Charge, # 19 Exhibit S − Maria House Charge, # 20 Exhibit T − Sharon Scroggins Charge, # 21 Exhibit U − Denise Maddox Charg, # 22 Exhibit V − ina Shahmirzadi Charge, # 23 Exhibit W − Lisa McConnell Charge, # 24 Exhibit X − Deposition of David Ging, # 25 Exhibit Y − Deposition of Jennifer Carlo, # 26 Exhibit Z − Correspondence from Ging to Sterling dated October 2, 2006, # 27 Exhibit AA − Correspondence from Sterling to Ging dated October 19, 2006, # 28 Exhibit BB − Correspondence from Ging to Sterling dated December 5, 2006, # 29 Exhibit CC − Correspondence from Sterling to Ging dated December 27, 2006, # 30 Exhibit DD − Transcript of the June 23, 2011 Hearing, # 31 Exhibit EE − Undated Correspondence from Ging to Sterling, # 32 Exhibit FF − Exhibit N to Claimants Correspondence to Ging dated November 30, 2007, # 33 Exhibit GG − Deposition of Dr. Louis Lanier, # 34 Exhibit HH − EEOCs Letter of Determination dated January 3, 2008, # 35 Exhibit II − Transcript of the June 26, 2013 Hearing, # 36 Exhibit JJ − June 11, 2013 Letter from Sterling to the Court, # 37 Exhibit KK − EEOC−Promulgated Management Directive 110 Chapter 6: Development of Impartial and Appropriate Factual Records, # 38 Exhibit LL − January 10, 2013 Letter from the EEOC to Sterling)(Maatman, Gerald) (Entered: 09/25/2013) 09/25/2013 340 CONTINUATION OF EXHIBITS to 339 Declaration,,,,,,,,, 336 MOTION for Partial Summary Judgment , 337 Memorandum in Support of Motion, 338 Statement of Facts . (Maatman, Gerald) (Entered: 09/25/2013) 09/27/2013 341 TEXT ORDER : Plaintiff's response to defendant's motion for partial summary judgment 336 shall be filed by October 23, 2013; defendant's reply, if any, shall be filed by November 6, 2013; and oral argument is scheduled for November 20, 2013 at 2:00 p.m. The parties may participate by telephone upon advance notice to chambers. The court will initiate the call. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 9/27/13. (DAZ) (Entered: 09/27/2013) 09/27/2013 342 Plaintiff's Motion To Adjust Briefing Schedule (Jeffrey Burstein) (Letter motion filed with permission of Hon. Jeremiah J. McCarthy).(DAZ) (Entered: 09/27/2013) 09/27/2013 343 ORDER granting 342 Plaintiff's Motion to Adjust Briefing Schedule. Signed by Hon. Jeremiah J. McCarthy on 9/27/13. (DAZ) (Entered: 09/27/2013) 09/27/2013 344 −CLERK TO FOLLOW UP− ORDER granting 335 Motion to Withdraw as Attorney (Lisa M. Mezzetti). Signed by Hon. Jeremiah J. McCarthy on 9/27/13. (DAZ) (Entered: 09/30/2013) 09/27/2013 345 Parties' Motion to Extend the Case Management Order deadlines (Gerald L. Maatman, Jr.)(Letter motion filed with permission of Hon. Jeremiah J. McCarthy).(DAZ) (Entered: 09/30/2013) 09/27/2013 346 ORDER granting 345 Parties' Motion to Extend the Case Management Order Deadlines. Signed by Hon. Jeremiah J. McCarthy on 9/27/13. (DAZ) (Entered: 09/30/2013) Case: Case 1:08-cv-00706-RJA-JJM 14-1782, Document 1-1, As05/15/2014, of: 05/15/2014 1235771, 04:18 PM Page42 EDT of41 47of 46 10/01/2013 347 MOTION to Continue by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in Support)(Burstein, Jeffrey) (Entered: 10/01/2013) 10/01/2013 348 SEVENTH AMENDED STAGE I CASE MANAGEMENT ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Dispositive Motions due by 2/4/2014. Signed by Hon. Jeremiah J. McCarthy on 10/1/13. (DAZ) (Entered: 10/02/2013) 10/03/2013 349 TEXT ORDER : Defendant's response to plaintiff's motion for a continuance 347 shall be filed by October 9, 2013, after which time the motion will be taken under advisement. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 10/3/13. (DAZ) (Entered: 10/03/2013) 10/09/2013 350 RESPONSE in Opposition re 347 MOTION to Continue By EEOC Due To Government Shutdown filed by Sterling Jewelers, Inc.. (Maatman, Gerald) (Entered: 10/09/2013) 10/09/2013 351 DECLARATION re 350 Response in Opposition to Motion filed by Sterling Jewelers, Inc. Of Gerald L. Maatman, Jr. filed by Sterling Jewelers, Inc.. (Attachments: # 1 Exhibit A − EEOCs Shutdown Contingency Plan In The Event Of Lapsed Appropriations, # 2 Exhibit B − ECF Docket Of EEOC v. Wal−Mart Stores East, LP, # 3 Exhibit C − October 4, 2013 Court Order In EEOC v. Olympia Constr., Inc., # 4 Exhibit D − October 2, 2013 Court Order In EEOC v. Wells Fargo Bank, N.A., # 5 Exhibit E − October 2, 2013 Court Order In EEOC v. Midway Neurological and Rehab. Ctr., LLC, # 6 Exhibit F − October 4, 2013 Court Order In EEOC v. Signal Intl, LLC, # 7 Exhibit G − October 2, 2013 Court Order In United States v. US Airways Grp., Inc., # 8 Exhibit H − October 2, 2013 Court Order In Priests For Life v. U.S. Dept Of Health &Human Servs., # 9 Exhibit I − October 2, 2013 Minute Entry For Proceedings In Saint Alphonsus Med. Ctr. v. St Lukes Health Sys. Ltd., # 10 Exhibit J − October 3, 2013 Court Order In Little River Band Of Ottawa v. NLRB, # 11 Exhibit K − October 2, 2013 Court Order In United States v. Bazaarvoice, Inc., # 12 Exhibit L − U.S. Department Of Justices Motion For A Stay Of Litigation In Light Of Lapse Of Appropriations)(Maatman, Gerald) . (Entered: 10/09/2013) 10/11/2013 352 TEXT ORDER : Before me is plaintiff's motion for a continuance until appropriations for funding Federal Government operations are restored 347 . Having considered the parties' submissions [347, 350, 351], the motion 347 is granted in part and denied in part. This action is hereby stayed until November 12, 2013, without prejudice to plaintiff's right to apply for a further stay. However, the parties are cautioned that if any additional stay is granted (and I make no promises), it will not be lengthy or of indefinite duration. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 10/11/13. (DAZ) (Entered: 10/11/2013) 10/17/2013 353 TEXT ORDER : The parties have contacted my chambers and agree to the following revised briefing schedule: Plaintiff's response to defendant's motion for partial summary judgment 336 shall be filed by November 15, 2013; defendant's reply, if any, shall be filed by December 2, 2013; and oral argument is scheduled for December 9, 2013 at 2:00 p.m. The parties may participate by telephone upon advance notice to chambers. The court will initiate the call. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 10/17/13. (DAZ) (Entered: 10/17/2013) 11/07/2013 354 Sterling's Motion to Seal Docket 339 (Gerald L. Maatman, Jr.) (Letter motion filed with permission of Hon. Jeremiah J. McCarthy).(DAZ) (Entered: 11/08/2013) 11/08/2013 355 ORDER granting 354 Motion to Seal Dkt. 339 . Signed by Hon. Jeremiah J. McCarthy on 11/8/13. (DAZ) (Entered: 11/08/2013) 11/12/2013 356 DECLARATION re 336 MOTION for Partial Summary Judgment , 338 Statement of Facts filed by Sterling Jewelers, Inc. of Gerald L. Maatman, Jr. filed by Sterling Jewelers, Inc.. (Attachments: # 1 Exhibit A − Laryssa Jock Charge, # 2 Exhibit B − Jacquelyn Boyle Charge, # 3 Exhibit C − Marie Wolf Charge, # 4 Exhibit D − Carol King Charge, # 5 Exhibit E − Dawn Souto−Coons Charge, # 6 Exhibit F − Judy Reed Charge, # 7 Exhibit G − Assignment of Maria Melendez, # 8 Exhibit H Case: Case 1:08-cv-00706-RJA-JJM 14-1782, Document 1-1, As05/15/2014, of: 05/15/2014 1235771, 04:18 PM Page43 EDT of42 47of 46 − January 19, 2006 Letter from Melendez to Sterling, # 9 Exhibit I − April 21, 2006 Letter from Melendez to Sterling, # 10 Exhibit J − Letter from The EEOC Confirming Transfer of Files)(Maatman, Gerald) (Entered: 11/12/2013) 11/12/2013 357 CONTINUATION OF EXHIBITS by Sterling Jewelers, Inc.. to 337 Memorandum in Support of Motion, 356 Declaration,, 336 MOTION for Partial Summary Judgment , 338 Statement of Facts of Gerald L. Maatman, Jr. filed by Sterling Jewelers, Inc.. (Attachments: # 1 Exhibit K − Lisa Follett Charge, # 2 Exhibit L − Carolyn Morse Charge, # 3 Exhibit M − Christy Davies Charge, # 4 Exhibit N − Linda Rhodes Charge, # 5 Exhibit O − Tana Shiver Charge, # 6 Exhibit P − Leighla Smith Charge, # 7 Exhibit Q − Khristina Rodrigues Charge)(Maatman, Gerald) (Entered: 11/12/2013) 11/12/2013 358 CONTINUATION OF EXHIBITS by Sterling Jewelers, Inc.. to 337 Memorandum in Support of Motion, 356 Declaration,, 336 MOTION for Partial Summary Judgment , 357 Continuation of Exhibits,, 338 Statement of Facts of Gerald L. Maatman, Jr. filed by Sterling Jewelers, Inc.. (Attachments: # 1 Exhibit R − Gloria Pagan Charge, # 2 Exhibit S − Maria House Charge, # 3 Exhibit T − Sharon Scroggins Charge, # 4 Exhibit U − Denise Maddox Charge, # 5 Exhibit V − ina Shahmirzadi Charge, # 6 Exhibit W − Lisa McConnell Charge, # 7 Exhibit X − Deposition of David Ging, # 8 Exhibit Y − Deposition of Jennifer Carlo, # 9 Exhibit Z − Correspondence from Ging to Sterling dated October 2, 2006)(Maatman, Gerald) (Entered: 11/12/2013) 11/12/2013 359 CONTINUATION OF EXHIBITS by Sterling Jewelers, Inc.. to 358 Continuation of Exhibits,, 337 Memorandum in Support of Motion, 356 Declaration,, 336 MOTION for Partial Summary Judgment , 357 Continuation of Exhibits,, 338 Statement of Facts of Gerald L. Maatman, Jr. filed by Sterling Jewelers, Inc.. (Attachments: # 1 Exhibit AA − Correspondence from Sterling to Ging dated October 19, 2006, # 2 Exhibit BB − Correspondence from Ging to Sterling dated December 5, 2006, # 3 Exhibit CC − Correspondence from Sterling to Ging dated December 27, 2006, # 4 Exhibit DD − Transcript of the June 23, 2011 Hearing, # 5 Exhibit EE − Undated Correspondence from Ging to Sterling)(Maatman, Gerald) (Entered: 11/12/2013) 11/12/2013 360 CONTINUATION OF EXHIBITS by Sterling Jewelers, Inc.. to 359 Continuation of Exhibits,, 358 Continuation of Exhibits,, 337 Memorandum in Support of Motion, 356 Declaration,, 336 MOTION for Partial Summary Judgment , 357 Continuation of Exhibits,, 338 Statement of Facts of Gerald L. Maatman, Jr. filed by Sterling Jewelers, Inc.. (Attachments: # 1 Exhibit FF − Exhibit N to Claimants Correspondence to Ging dated November 30, 2007, # 2 Exhibit GG − Deposition of Dr. Louis Lanier, # 3 Exhibit HH − EEOCs Letter of Determination dated January 3, 2008, # 4 Exhibit II − Transcript of the June 26, 2013 Hearing, # 5 Exhibit JJ − June 11, 2013 Letter from Sterling to the Court)(Maatman, Gerald) (Entered: 11/12/2013) 11/12/2013 361 CONTINUATION OF EXHIBITS by Sterling Jewelers, Inc.. to 359 Continuation of Exhibits,, 356 Declaration,, 336 MOTION for Partial Summary Judgment , 358 Continuation of Exhibits,, 357 Continuation of Exhibits,, 360 Continuation of Exhibits,, 337 Memorandum in Support of Motion, 338 Statement of Facts of Gerald L. Maatman, Jr. filed by Sterling Jewelers, Inc.. (Attachments: # 1 Exhibit KK − EEOC−Promulgated Management Directive 110 Chapter 6: Development of Impartial and Appropriate Factual Records, # 2 Exhibit LL − January 10, 2013 Letter from the EEOC to Sterling)(Maatman, Gerald) (Entered: 11/12/2013) 11/15/2013 362 MEMORANDUM in Opposition re 336 MOTION for Partial Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 Statement of Undisputed Facts, # 2 Certificate of Service)(Pohl, Anna) (Entered: 11/15/2013) 11/15/2013 363 DECLARATION re 362 Memorandum in Opposition to Motion, 336 MOTION for Partial Summary Judgment filed by Equal Employment Opportunity Commission filed by 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)(Pohl, Anna) (Entered: 11/15/2013) Case: Case 1:08-cv-00706-RJA-JJM 14-1782, Document 1-1, As05/15/2014, of: 05/15/2014 1235771, 04:18 PM Page44 EDT of43 47of 46 11/15/2013 364 CONTINUATION OF EXHIBITS RE: 363 DECLARATION re 336 MOTION for Partial Summary Judgment , 363 Declaration, filed by Equal Employment Opportunity Commission filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit, # 2 Errata, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit)(Pohl, Anna) Modified on 11/18/2013 (DZ). (Entered: 11/15/2013) 11/15/2013 365 CONTINUATION OF EXHIBITS RE: 363 DECLARATION re 336 MOTION for Partial Summary Judgment , 363 Declaration, filed by Equal Employment Opportunity Commission filed by 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, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit)(Pohl, Anna) Modified on 11/18/2013 (DZ). (Entered: 11/15/2013) 11/15/2013 E−Filing Notification: 364 , 365 text modified to indicate entries are CONTINUATION OF EXHIBITS RE: 363 DECLARATION (DZ) (Entered: 11/18/2013) 12/02/2013 366 REPLY/RESPONSE to re 362 Memorandum in Opposition to Motion (Defendant's Reply To Plaintiff's Opposition To Defendant's Motion For Partial Summary Judgment) filed by Sterling Jewelers, Inc.. (Maatman, Gerald) (Entered: 12/02/2013) 12/02/2013 367 DECLARATION re 366 Reply/Response filed by Sterling Jewelers, Inc. (Supplemental Declaration of Gerald L. Maatman, Jr.) filed by Sterling Jewelers, Inc.. (Attachments: # 1 Exhibit 1)(Maatman, Gerald) (Entered: 12/02/2013) 12/02/2013 368 CONTINUATION OF EXHIBITS by Sterling Jewelers, Inc.. to 367 Declaration, 366 Reply/Response (Compendium of Unreported Cases Cited In Defendant's Reply To Plaintiff's Opposition To Defendant's Motion For Partial Summary Judgment) filed by Sterling Jewelers, Inc.. (Maatman, Gerald) (Entered: 12/02/2013) 12/02/2013 369 REPLY/RESPONSE to re 362 Memorandum in Opposition to Motion (Defendant's Response to Plaintiff's Additional Material Facts Contained In The EEOC's Statement of Facts In Opposition to Defendant's Motion For Partial Summary Judgment) filed by Sterling Jewelers, Inc.. (Maatman, Gerald) (Entered: 12/02/2013) 12/02/2013 370 MOTION to Strike 362 Memorandum in Opposition to Motion (Notice Of Motion To Strike Portions Of Plaintiff's Statement Of Facts) by Sterling Jewelers, Inc..(Maatman, Gerald) (Entered: 12/02/2013) 12/02/2013 371 MEMORANDUM in Support re 370 MOTION to Strike 362 Memorandum in Opposition to Motion (Notice Of Motion To Strike Portions Of Plaintiff's Statement Of Facts) (Defendant's Memorandum Of Law In Support Of Its Motion To Strike Portions Of Plaintiff's Statement Of Facts) filed by Sterling Jewelers, Inc.. (Maatman, Gerald) (Entered: 12/02/2013) 12/02/2013 372 CONTINUATION OF EXHIBITS by Sterling Jewelers, Inc.. to 370 MOTION to Strike 362 Memorandum in Opposition to Motion (Notice Of Motion To Strike Portions Of Plaintiff's Statement Of Facts), 371 Memorandum in Support of Motion, (Compendium Of Unreported Cases Cited In Defendant's Memorandum of Law In Support Of Its Motion To Strike Portions Of Plaintiff's Statement Of Facts) filed by Sterling Jewelers, Inc.. (Maatman, Gerald) (Entered: 12/02/2013) 12/06/2013 373 STATEMENT OF FACTS Amended by Equal Employment Opportunity Commission Related document: 362 Memorandum in Opposition to Motion, 370 Motion to Strike, 336 Motion for Partial Summary Judgment. (Pohl, Anna) (Entered: 12/06/2013) 12/09/2013 374 MINUTE ENTRY AND ORDER − Proceedings held before Hon. Jeremiah J. McCarthy: Oral Argument on Motion 336 for Partial Summary Judgment. Court also set a briefing schedule on Motion 370 to Strike. Report, Recommendation and Order to be filed shortly. APPEARANCES: Anna Marie Pohl and Jeffrey C. Burstein for Plaintiff; Scott Patrick Horton and Gerald L. Maatman, Jr. for Defendant. Case: Case 1:08-cv-00706-RJA-JJM 14-1782, Document 1-1, As05/15/2014, of: 05/15/2014 1235771, 04:18 PM Page45 EDT of44 47of 46 As agreed to by the parties, plaintiff's response to defendant's motion to strike 370 shall be filed by December 16, 2013, defendant's reply, if any, shall be filed by December 23, 2013, after which time the motion 370 will be taken under advisement without oral argument unless deemed necessary by the court. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 12/9/13. (DAZ) (Entered: 12/10/2013) 12/10/2013 375 CONTINUATION OF EXHIBITS by Sterling Jewelers, Inc.. to 371 Memorandum in Support of Motion, Exhibit A to Defendant's Memorandum of Law In Support of Motion To Strike filed by Sterling Jewelers, Inc.. (Maatman, Gerald) (Entered: 12/10/2013) 12/11/2013 376 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 12/9/13, before Judge Jeremiah J. McCarthy. Court Reporter/Transcriber Christi A. Macri, email christimacri50@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/2/2014. Redacted Transcript Deadline set for 1/13/2014. Release of Transcript Restriction set for 3/11/2014. (DZ) (Entered: 12/11/2013) 12/16/2013 377 MEMORANDUM in Opposition re 370 MOTION to Strike 362 Memorandum in Opposition to Motion (Notice Of Motion To Strike Portions Of Plaintiff's Statement Of Facts) filed by Equal Employment Opportunity Commission. (Attachments: # 1 Certificate of Service)(Pohl, Anna) (Entered: 12/16/2013) 12/16/2013 378 STATEMENT OF FACTS Second Amended by Equal Employment Opportunity Commission Related document: 362 Memorandum in Opposition to Motion, 370 Motion to Strike, 377 Memorandum in Opposition to Motion, 336 Motion for Partial Summary Judgment. (Pohl, Anna) (Entered: 12/16/2013) 12/20/2013 379 NOTICE of Appearance by Konrad Batog on behalf of Equal Employment Opportunity Commission (Batog, Konrad) (Entered: 12/20/2013) 12/23/2013 380 REPLY/RESPONSE to re 377 Memorandum in Opposition to Motion, 378 Statement of Facts, Defendant's Reply to EEOC's Opposition To Defendant's Motion To Strike Portions of EEOC's Statement of Facts filed by Sterling Jewelers, Inc.. (Maatman, Gerald) (Entered: 12/23/2013) 12/23/2013 381 DECLARATION re 380 Reply/Response, filed by Sterling Jewelers, Inc. Second Supplemental Declaration Of Gerald L. Maatman, Jr. filed by Sterling Jewelers, Inc.. (Attachments: # 1 Exhibit 1)(Maatman, Gerald) (Entered: 12/23/2013) 01/02/2014 382 Letter Brief in Response to 336 Motion for Partial Summary Judgment filed by Equal Employment Opportunity Commission (Konrad Batog, Esq.) (Filed with permission of Hon. Jeremiah J. McCarthy). (DAZ) (Entered: 01/02/2014) 01/02/2014 383 REPORT, RECOMMENDATION AND ORDER re 336 MOTION for Partial Summary Judgment filed by Sterling Jewelers, Inc. and 370 MOTION to Strike filed by Sterling Jewelers, Inc. Objections to RRdue by 1/21/2014. Signed by Hon. Jeremiah J. McCarthy on 1/2/14. (DAZ) (Entered: 01/02/2014) 01/02/2014 *** MOTION TERMINATED*** 370 Motion to Strike denied as moot per 383 . (DAZ) (Entered: 01/02/2014) 01/02/2014 384 TEXT ORDER : Defendant's motion to compel 312 is denied as moot, without prejudice to reinstatement in the event that my Report, Recommendation and Order 383 is not adopted. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 1/2/14. (DAZ) (Entered: 01/02/2014) 01/21/2014 385 OBJECTION to 383 Report and Recommendations by Equal Employment Opportunity Commission. (Attachments: # 1 Certificate of Service, # 2 Certificate Pursuant to Local Rule 72(c))(Batog, Konrad) (Entered: 01/21/2014) 01/24/2014 386 TEXT ORDER: As agreed to by the parties in communications with my chambers, the remaining deadlines of the Seventh Amended Case Management Order 348 will be held in abeyance pending the resolution of the objections to my January 2, Case: Case 1:08-cv-00706-RJA-JJM 14-1782, Document 1-1, As05/15/2014, of: 05/15/2014 1235771, 04:18 PM Page46 EDT of45 47of 46 2014 Report, Recommendation and Order 383 . SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 1/24/14. (DAZ) (Entered: 01/24/2014) 01/24/2014 387 TEXT ORDER. Oral Argument is scheduled for 3/7/2014 at 9:00 AM before Hon. Richard J. Arcara as to 385 Objections filed by plaintiff Equal Employment Opportunity Commission to 383 Report, Recommendation and Order of Magistrate Judge Jeremiah J. McCarthy. Response papers are to be filed by 2/7/2014. Reply papers are to be filed by 2/18/2014. SO ORDERED. Issued by Hon. Richard J. Arcara on January 24, 2014. (DJD) (Entered: 01/24/2014) 02/07/2014 388 MEMORANDUM/BRIEF re 385 Objection to Report and Recommendations Defendant's Response To Plaintiff's Objections To Magistrate Judge McCarthy's January 2, 2014 Report, Recommendation And Order by Sterling Jewelers, Inc.. (Maatman, Gerald) (Entered: 02/07/2014) 02/14/2014 389 REPLY/RESPONSE to re 388 Memorandum/Brief, 385 Objection to Report and Recommendations filed by Equal Employment Opportunity Commission. (Attachments: # 1 Certificate of Service)(Batog, Konrad) (Entered: 02/14/2014) 02/24/2014 390 NOTICE by Sterling Jewelers, Inc. re 387 Order, Set/Reset Motion and RRDeadlines/Hearings,, Notice Of Defendant's Assented−To Motion To Reschedule March 7, 2014 Hearing From 9:00 a.m. to 2:00 p.m. (Maatman, Gerald) (Entered: 02/24/2014) 02/28/2014 391 TEXT ORDER. Counsel for defendant Sterling Jewelers Inc. filed 390 Motion to Reschedule time of the 3/7/2014 Oral Argument. The motion is granted. The time of the Oral Argument is changed to 2:00 PM on 3/7/2014 before Hon. Richard J. Arcara. SO ORDERED. Issued by Hon. Richard J. Arcara on February 28, 2014. (DJD) (Entered: 02/28/2014) 03/07/2014 394 Minute Entry for proceedings held 3/7/2014 before Hon. Richard J. Arcara. Oral Argument is held as to 385 Objections filed by plaintiff Equal Employment Opportunity Commission to 383 Report, Recommendation and Order of Magistrate Judge Jeremiah J. McCarthy. Matters submitted. Decision is reserved. Appearances: Pltf − Konrad Batog and Anna Pohl; Deft − Gerald Maatman, Scott Horton and Jeffrey Klein (Court Reporter − Megan Pelka) (CSS − SS) (Entered: 03/11/2014) 03/10/2014 392 ORDER adopting Magistrate Judge Jeremiah J. McCarthy's Report and Recommendation 383 as filed on January 2, 2014 granting defendant Sterling's Motion for Partial Summary Judgment 336 in part, so that the claim of plaintiff EEOC of a nationwide pattern or practice of employment discrimination by defendant Sterling is dismissed, with prejudice, and further, that defendant Sterlings motion for partial summary judgment 336 , and defendants motion to strike 370 , are otherwise denied as moot. The Clerk of Court shall enter Judgment dismissing the action, with prejudice. −CLERK TO FOLLOW UP−. Signed by Hon. Richard J. Arcara on 3/10/2014. (LAS) (Entered: 03/10/2014) 03/11/2014 393 JUDGMENT that Defendant Sterling Jewelers, Inc. motion for partial summary judgment is granted in part and the claim of Plaintiff EEOC of a nationwide pattern or practice of employment discrimination by defendant Sterling is dismissed with prejudice. Further, Defendant Sterlings motion for partial summary judgment and Defendants motion to strike are otherwise denied as moot and this action is dismissed with prejudice. Signed by Clerk of Court, Michael J. Roemer on 3/11/14. (DZ) (Entered: 03/11/2014) 03/11/2014 03/14/2014 (Court only) ***Set closed flag (DZ) (Entered: 03/11/2014) 395 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 3/7/14, before Judge Richard J. Arcara. Court Reporter/Transcriber Megan E. Pelka, Telephone number (716) 364−6449. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/4/2014. Redacted Transcript Deadline set for 4/14/2014. Release of Transcript Restriction set for 6/12/2014. (DZ) (Entered: 03/14/2014) Case: Case 1:08-cv-00706-RJA-JJM 14-1782, Document 1-1, As05/15/2014, of: 05/15/2014 1235771, 04:18 PM Page47 EDT of46 47of 46 05/12/2014 396 NOTICE OF APPEAL by Equal Employment Opportunity Commission re 393 Judgment, EEOC Notice of Appeal (Burstein, Jeffrey) Event modified to indicate entry is a "Notice of Appeal" Modified on 5/15/2014 (DZ). (Entered: 05/12/2014) 05/12/2014 E−Filing Notification: 396 NOTICE OF APPEAL by Equal Employment Opportunity Commission (Burstein, Jeffrey) **Event modified to indicate entry is a "Notice of Appeal" Copy of Notice of Appeal and docket entry forwarded to the Court of Appeals (DZ). (DZ) (Entered: 05/15/2014) 05/15/2014 Pursuant to Local Rule 12.1 of the US Court of Appeals for the Second Circuit, Forms C and D must be completed within 14 days after the filing of a notice of appeal. Forms C and D can be obtained at www.ca2.uscourts.gov. (DZ) (Entered: 05/15/2014) Case 14-1782, Document 1-2, 05/15/2014, 1235771, Page1 of 2 United States Court of Appeals for the Second Circuit Thurgood Marshall U.S. Courthouse 40 Foley Square New York, NY 10007 ROBERT A. KATZMANN CATHERINE O'HAGAN WOLFE CHIEF JUDGE CLERK OF COURT Date: May 29, 2014 Docket #: 14-1782cv Short Title: Equal Employment Opportunity C v. Sterling Jewelers, Inc. DC Docket #: 08-cv-706 DC Court: WDNY (BUFFALO) DC Judge: McCarthy DC Judge: Arcara DOCKETING NOTICE A notice of appeal filed by Equal Employment Opportunity Commission in the above referenced case was docketed today as 14-1782. This number must appear on all documents related to this case that are filed in this Court. For pro se parties the docket sheet with the caption page, and an Acknowledgment and Notice of Appearance Form are enclosed. In counseled cases the docket sheet is available on PACER. Counsel must access the Acknowledgment and Notice of Appearance Form from this Court's website http://www.ca2.uscourts.gov. The form must be completed and returned within 14 days of the date of this notice. The form requires the following information: YOUR CORRECT CONTACT INFORMATION: Review the party information on the docket sheet and note any incorrect information in writing on the Acknowledgment and Notice of Appearance Form. The Court will contact one counsel per party or group of collectively represented parties when serving notice or issuing our order. Counsel must designate on the Acknowledgment and Notice of Appearance a lead attorney to accept all notices from this Court who, in turn will, be responsible for notifying any associated counsel. CAPTION: This Court must use the district court caption See FRAP 12(a), 32(a). Please review the caption carefully and promptly advise this Court of any improper or inaccurate designations in writing on the Acknowledgment and Notice of Appearance form. If a party has been terminated from the case the caption may reflect that change only if the district court judge ordered that the caption be amended. APPELLATE DESIGNATIONS: Please review whether appellant is listed correctly on the party listing page of the docket sheet and in the caption. If there is an error, please note on the Acknowledgment and Notice of Appearance Form. Timely submission of the Acknowledgment and Notice of Appearance Form will constitute compliance with the requirement to file a Case 14-1782, Document 1-2, 05/15/2014, 1235771, Page2 of 2 Representation Statement required by FRAP 12(b). For additional information consult the Court's instructions posted on the website. Inquiries regarding this case may be directed to 212-857-8541.