Equal Employment Opportunity Commission v. Northern Star Hospitality, Inc.

Filing 229

Transmission of Notice of Appeal, Docketing Statement, Appeal Information Sheet, Docket Sheet, Order and Judgment to Seventh Circuit Court of Appeals re 227 Notice of Appeal. (Attachments: # 1 appeal information sheet, # 2 docketing statement, # 3 order entered 8/20/13, # 4 judgment, # 5 docket sheet) (krj)

Case: 3:12-cv-214 As of: 03/27/2014 04:38 PM CDT 1 of 20
APPEAL, CLOSED, DECLINE_MJ, JMM, PROTECTIVE_ORDER,

U.S. District Court
Western District of Wisconsin (Madison)
CIVIL DOCKET FOR CASE #: 3:12−cv−00214−bbc
Internal Use Only
Equal Employment Opportunity Commission v. Northern Star
Hospitality, Inc.
Assigned to: District Judge Barbara B. Crabb
Referred to: Magistrate Judge Stephen L. Crocker
Cause: 42:2000 Job Discrimination (Race)
Plaintiff
Equal Employment Opportunity
Commission

Date Filed: 03/27/2012
Date Terminated: 02/25/2014
Jury Demand: Plaintiff
Nature of Suit: 442 Civil Rights: Jobs
Jurisdiction: U.S. Government Plaintiff

represented by Camille Annette Monahan
Equal Employment Opportunity
Commission
310 W. Wisconsin Avenue
Suite 800
Milwaukee, WI 53203−2292
414−297−3548
Fax: 414−297−3146
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Laurie Ann Vasichek
U.S. Equal Employment Opportunity
Commission
330 2nd Avenue South
Suite 720
Minneapolis, MN 55401
612−335−4061
Fax: 612−335−4044
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Jessica Ann Palmer−Denig
U.S. Equal Employment Opportunity
Commission
330 2nd Avenue South
Suite 720
Minneapolis, MN 55401
612−334−4010
Fax: 612−335−4044
Email: jessica.palmer−[e-mail]
ATTORNEY TO BE NOTICED
Nicholas J. Pladson
EEOC
330 2nd Ave. S
Suite 720
Minneapolis, MN 55401
Email: [e-mail]
ATTORNEY TO BE NOTICED

V.
Defendant
Northern Star Hospitality, Inc.
doing business as
Sparx Restaurant

represented by Michael D. Schwartz
Michael D. Schwartz, P.A.
Schwartz Law Firm

Case: 3:12-cv-214 As of: 03/27/2014 04:38 PM CDT 2 of 20
600 Inwood Ave. N, Suite130
Oakdale, MN 55128
651−528−6800
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
North Broadway Holdings, Inc.

represented by Michael D. Schwartz
Michael D. Schwartz, P.A.
Schwartz Law Firm
600 Inwood Ave. N, Suite 130
Oakdale, MN 55128
651−528−6800
Email: [e-mail]
ATTORNEY TO BE NOTICED

Defendant
Northern Star Properties, LLC

represented by Michael D. Schwartz
(See above for address)
ATTORNEY TO BE NOTICED

Counter Claimant
Northern Star Hospitality, Inc.
TERMINATED: 02/08/2013

represented by Michael D. Schwartz
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

V.
Counter Defendant
Equal Employment Opportunity
Commission
TERMINATED: 02/08/2013

represented by Camille Annette Monahan
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Jessica Ann Palmer−Denig
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Laurie Ann Vasichek
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Nicholas J. Pladson
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed
03/27/2012

#

Docket Text
1 COMPLAINT against Northern Star Hospitality, Inc.. Service to be completed by
Waiver of Service of Summons., filed by Equal Employment Opportunity
Commission. (Attachments:
# 1 JS−44 Civil Cover Sheet,
# 2 Notice of Lawsuit,
# 3 Waiver of Service of Summons) (Monahan, Camille) Modified exhibit
descriptions on 3/28/2012 (mmo). (Entered: 03/27/2012)

Case: 3:12-cv-214 As of: 03/27/2014 04:38 PM CDT 3 of 20
03/28/2012

Case randomly assigned to Magistrate Judge Stephen L. Crocker. (krj) (Entered:
03/28/2012)

03/28/2012

Standard attachments for Magistrate Judge Stephen L. Crocker required to be
served on all parties with summons or waiver of service: Briefing Guidelines,
Corporate Disclosure Statement, Order Regarding Assignment of Civil Cases,
Notice of Assignment to a Magistrate Judge and Consent/Request for
Reassignment, Order on Dispositive Motions. (krj) (Entered: 03/28/2012)

04/30/2012

2 Request for Issuance of Summons by Plaintiff Equal Employment Opportunity
Commission. (Monahan, Camille) (Entered: 04/30/2012)

04/30/2012

3 Request for Issuance of Summons by Plaintiff Equal Employment Opportunity
Commission. (Monahan, Camille) (Entered: 04/30/2012)

04/30/2012

4 Request for Issuance of Summons by Plaintiff Equal Employment Opportunity
Commission. (Monahan, Camille) (Entered: 04/30/2012)

05/01/2012

5 Summons Issued as to Northern Star Hospitality, Inc. (1827 Broadway Street N),
(Attachments:
# 1 Summons − Northern Star Hospitality, Inc. (11205 497th Avenue),
# 2 Summons − Northern Hospitality, Inc. (W10622 State Road 35) (krj) Modified
on 5/11/2012 (llj). (Entered: 05/01/2012)

05/31/2012

6 Notice of Appearance filed by Michael D. Schwartz for Defendant Northern Star
Hospitality, Inc. (Schwartz, Michael) (Entered: 05/31/2012)

05/31/2012

7 Waiver of Service Returned Executed by Defendant Northern Star Hospitality,
Inc.. Northern Star Hospitality, Inc. waiver sent on 5/30/2012, answer due
7/30/2012. (Schwartz, Michael) (Entered: 05/31/2012)

05/31/2012

8 ANSWER with Jury Demand by Defendant Northern Star Hospitality, Inc..
(Schwartz, Michael) (Entered: 05/31/2012)

06/01/2012

Set Telephone Pretrial or Status Conference: Telephone Pretrial Conference set for
6/27/2012 at 01:00 PM before Magistrate Judge Stephen L. Crocker. Counsel for
Plaintiff responsible for setting up the call to chambers at (608) 264−5153.
[Standing Order Governing Preliminary Pretrial Conference attached] (krj)
(Entered: 06/01/2012)

06/21/2012

Reminder to Counsel: If you have not provided your Consent/Request for
Reassignment forms, please do so by 6/26/2012. (lak) (Entered: 06/21/2012)

06/21/2012

9 Joint Discovery Plan (Monahan, Camille) (Entered: 06/21/2012)

06/27/2012

Case randomly reassigned to District Judge Barbara B. Crabb and Magistrate Judge
Stephen L. Crocker. (lak) (Entered: 06/27/2012)

06/27/2012

Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker:
Telephone Preliminary Pretrial Conference held on 6/27/2012 [:10] (cak) (Entered:
06/27/2012)

07/03/2012

10 Pretrial Conference Order − Amendments to Pleadings due 9/7/2012. Dispositive
Motions due 1/14/2013. Settlement Letters due 6/28/2013. Motions in Limine due
7/5/2013. Response to Motion due 7/19/2013. Final Pretrial Conference set for
8/1/2013 at 04:00 PM. Jury Selection and Trial set for 8/5/2013 at 09:00 AM.
Signed by Magistrate Judge Stephen L. Crocker on 7/2/2012. (voc) (Entered:
07/03/2012)

09/07/2012

11 AMENDED COMPLAINT against Northern Star Hospitality, Inc., North
Broadway Holdings, Inc, North Star Properties, LLC, filed by Equal Employment
Opportunity Commission. (Attachments:
# 1 Waiver of Service of Summons) (Monahan, Camille) Modified text on
9/10/2012 (krj). (Entered: 09/07/2012)

09/26/2012

12 Declaration of Camille A. Monahan filed by Plaintiff Equal Employment
Opportunity Commission In Support to EEOC's Motion to Compel Discovery re:
13 Motion to Compel by Plaintiff Equal Employment Opportunity Commission.
(Attachments:

Case: 3:12-cv-214 As of: 03/27/2014 04:38 PM CDT 4 of 20
# 1 Exhibit A − EEOC's First Set of Discovery Requests,
# 2 Exhibit B − Copy of Defendant's Initial Disclosures,
# 3 Exhibit C − Copy of the email chain dated August 8, 2012,
# 4 Exhibit D − Copy of Defendant's Discovery Responses,
# 5 Exhibit E − Copy of the Menomonie City Counsel meeting minutes from June
15, 2009,
# 6 Exhibit F − Copy of the Menomonie City Counsel meeting minutes from
August 3, 2009,
# 7 Exhibit G − Copy of the Menomonie City Cousel meeting minutes from June
20, 2011,
# 8 Exhibit H − Copy of the Menomonie City Counsel meeting minutes from June
18, 2012,
# 9 Exhibit I − Copy of the Parcel Tax Information record for 2011,
# 10 Exhibit J − Copy of the EEOC's letter dated August 31, 2012,
# 11 Exhibit K − Copy of the Defendant's letter dated September 10, 2012,
# 12 Exhibit L − Copy of Defendant's Notice of Motion and Motion,
# 13 Exhibit M − Copy of the EEOC's letter dated September 13, 2012,
# 14 Exhibit N − Copy of the EEOC's email dated September 24th 2012)
(Monahan, Camille) Modified docket text on 9/26/2012. (arw) (Entered:
09/26/2012)
09/26/2012

13 Motion to Compel by Plaintiff Equal Employment Opportunity Commission.
Motions referred to Magistrate Judge Stephen L. Crocker. Response due
10/3/2012. (Monahan, Camille) (Entered: 09/26/2012)

09/26/2012

14 Brief in Support of 13 Motion to Compel by Plaintiff Equal Employment
Opportunity Commission (Monahan, Camille) (Entered: 09/26/2012)

09/27/2012

Set/Reset Deadlines as to 13 Motion to Compel . Response due 10/3/2012.
Telephone Motion Hearing set for 10/10/2012 at 11:00 AM before Magistrate
Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call
to chambers at (608) 264−5153. (krj) (Entered: 09/27/2012)

10/01/2012

15 Request for Issuance of Summons by Plaintiff Equal Employment Opportunity
Commission. (Monahan, Camille) (Entered: 10/01/2012)

10/01/2012

16 Request for Issuance of Summons by Plaintiff Equal Employment Opportunity
Commission. (Monahan, Camille) (Entered: 10/01/2012)

10/02/2012

17 Summons Issued as to North Broadway Holdings, Inc. (Main Document), Northern
Star Properties, LLC. (Attachments:
# 1 Summons − Northern Star Properties) (krj) (Entered: 10/02/2012)

10/03/2012

18 Brief in Opposition by Defendants North Broadway Holdings, Inc., Northern Star
Hospitality, Inc., Northern Star Properties, LLC re: 13 Motion to Compel filed by
Equal Employment Opportunity Commission (Schwartz, Michael) (Entered:
10/03/2012)

10/03/2012

19 Disregard − refiled as 20 . Modified on 10/4/2012; requested attorney refile with
exhibits attached separately and described. (mmo). Modified on 10/5/2012 (krj).
(Entered: 10/03/2012)

10/04/2012

20 Declaration of Michael D. Schwartz filed by Defendants North Broadway
Holdings, Inc., Northern Star Hospitality, Inc., Northern Star Properties, LLC re:
13 Motion to Compel (Attachments:
# 1 Exhibit Letter to Camille Monahan dated October 2, 2012,
# 2 Exhibit Email from Camille Monahan dated October 2, 2012) (Schwartz,
Michael) (Entered: 10/04/2012)

10/09/2012

21 Affidavit of Service by Plaintiff. Northern Star Properties, LLC served on
10/4/2012, answer due 10/25/2012. (Monahan, Camille) (Entered: 10/09/2012)

10/09/2012

22 Affidavit of Service by Plaintiff. North Broadway Holdings, Inc. served on
10/4/2012, answer due 10/25/2012. (Monahan, Camille) (Entered: 10/09/2012)

10/10/2012

Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker:
Telephone Motion Hearing held on 10/10/2012 [:05] (cak) (Entered: 10/10/2012)

Case: 3:12-cv-214 As of: 03/27/2014 04:38 PM CDT 5 of 20
10/10/2012

23 ** TEXT ONLY ORDER **
At an October 10, 2012 telephonic hearing, the court denied without prejudice the
EEOC's motion to compel discovery 13 . The parties are to file their jointly
proposed protective order not later than October 12, 2012. Defendant North Star
Hospitality, Inc. shall provide its responses to the previously−contested discovery
as soon as possible but not later than October 19, 2012. Each side will bear its own
costs on this motion. Signed by Magistrate Judge Stephen L. Crocker on 10/10/12.
(krj) Modified on 10/22/2012 (llj). (Entered: 10/10/2012)

10/12/2012

24 Stipulation for Protective Order by Plaintiff Equal Employment Opportunity
Commission. (Monahan, Camille) (Entered: 10/12/2012)

10/15/2012

25 ** TEXT ONLY ORDER **
The parties' stipulated protective order 24 is accepted and entered. Signed by
Magistrate Judge Stephen L. Crocker on 10/15/12. (krj) (Entered: 10/15/2012)

10/25/2012

26 ANSWER to Amended Complaint and, COUNTERCLAIM against Equal
Employment Opportunity Commission by Defendant Northern Star Hospitality,
Inc. d/b/a Sparx Restaurant's ("Sparx Inc."). (Attachments:
# 1 Certificate of Service) (Schwartz, Michael) Modified docket text on 10/26/2012
(mmo). (Entered: 10/25/2012)

10/25/2012

27 Notice of Appearance filed by Michael D. Schwartz for Defendant Northern Star
Properties, LLC (Schwartz, Michael) (Entered: 10/25/2012)

10/25/2012

28 ANSWER to Amended Complaint by Defendant Northern Star Properties, LLC.
(Attachments:
# 1 Certificate of Service) (Schwartz, Michael) (Entered: 10/25/2012)

10/25/2012

29 Notice of Appearance filed by Michael D. Schwartz for Defendant North
Broadway Holdings, Inc. (Schwartz, Michael) (Entered: 10/25/2012)

10/25/2012

30 ANSWER to Amended Complaint by Defendant North Broadway Holdings, Inc..
(Attachments:
# 1 Certificate of Service) (Schwartz, Michael) (Entered: 10/25/2012)

11/08/2012

31 Notice of Appearance filed by Laurie Ann Vasichek for Plaintiff Equal
Employment Opportunity Commission (Vasichek, Laurie) (Entered: 11/08/2012)

11/08/2012

32 Notice of Appearance filed by Nicholas J. Pladson for Plaintiff Equal Employment
Opportunity Commission (Pladson, Nicholas) (Entered: 11/08/2012)

11/14/2012

33 MOTION TO DISMISS Counterclaim of Defendant by Plaintiff Equal
Employment Opportunity Commission. Brief in Opposition due 12/5/2012. Brief in
Reply due 12/17/2012. (Monahan, Camille) (Entered: 11/14/2012)

11/14/2012

34 Brief in Support of 33 Motion to Dismiss by Plaintiff Equal Employment
Opportunity Commission (Monahan, Camille) (Entered: 11/14/2012)

11/14/2012

35 Certificate of Service by Plaintiff Equal Employment Opportunity Commission
(Monahan, Camille) (Entered: 11/14/2012)

12/05/2012

36 Brief in Opposition by Defendants North Broadway Holdings, Inc., Northern Star
Hospitality, Inc., Northern Star Properties, LLC re: 33 Motion to Dismiss filed by
Equal Employment Opportunity Commission (Schwartz, Michael) (Entered:
12/05/2012)

12/05/2012

37 Affidavit of Michael D. Schwartz filed by Defendants North Broadway Holdings,
Inc., Northern Star Hospitality, Inc., Northern Star Properties, LLC in Support of
Northern Star Hospitality, Inc. d/b/a Sparx Restaurant's Brief in Opposition of re:
33 Motion to Dismiss (Attachments:
# 1 Exhibit Ex. 1 Relevant Deposition pages of Dion Miller,
# 2 Exhibit Ex. 2 of Dion Miller's Deposition Press Release) (Schwartz, Michael)
Modified on 12/6/2012; requested attorney file full/condensed deposition. (mmo).
(Entered: 12/05/2012)

12/06/2012

38 Deposition of Dion Miller taken on 11−15−12 (Attachments:
# 1 Exhibit Ex. 1 List of Companies,
# 2 Exhibit Ex. 2 Press Release,

Case: 3:12-cv-214 As of: 03/27/2014 04:38 PM CDT 6 of 20
# 3 Exhibit Ex. 3 Ltr from EEOC,
# 4 Exhibit Ex. 4 Hasselhoff photo,
# 5 Exhibit Ex. 5 Coleman photo,
# 6 Exhibit Ex. 6 Dollar bill photo,
# 7 Exhibit Ex. 7 Weekly work Search Log,
# 8 Exhibit Ex. 8 Weekly Work Search Log,
# 9 Exhibit Ex. 9 ltr from EEOC,
# 10 Exhibit Ex. 10 Charge of Discrimination (sealed document),
# 11 Exhibit Ex. 11 EEOC Intake Questionaire (sealed document),
# 12 Exhibit Ex. 12 Statement,
# 13 Exhibit Ex. 13 Employee Handbook,
# 14 Exhibit Ex. 14 Claimant Statement,
# 15 Exhibit Ex. 15 Organization Chart) (Schwartz, Michael) Sealed exhibits 10
and 11 on 12/11/2012 (krj). (Entered: 12/06/2012)
12/10/2012

39 Exhibit #10 to 38 Deposition, Redacted Exhibits to Dion Miller Deposition
Transcript (Attachments:
# 1 Exhibit 11 − Intake Questionaire) (Schwartz, Michael) Modified docket text on
12/11/2012 (mmo). (Entered: 12/10/2012)

12/14/2012

40 Brief in Reply by Plaintiff Equal Employment Opportunity Commission in Support
of 33 Motion to Dismiss (Attachments:
# 1 Certificate of Service) (Monahan, Camille) (Entered: 12/14/2012)

01/14/2013

41 MOTION FOR SUMMARY JUDGMENT by Defendants North Broadway
Holdings, Inc., Northern Star Hospitality, Inc., Northern Star Properties, LLC.
Brief in Opposition due 2/4/2013. Brief in Reply due 2/14/2013. (Schwartz,
Michael) (Entered: 01/14/2013)

01/14/2013

42 Brief in Support of 41 Motion for Summary Judgment by Defendants North
Broadway Holdings, Inc., Northern Star Hospitality, Inc., Northern Star Properties,
LLC (Schwartz, Michael) (Entered: 01/14/2013)

01/14/2013

43 Affidavit of Brandon M. Schwartz filed by Defendants North Broadway Holdings,
Inc., Northern Star Hospitality, Inc., Northern Star Properties, LLC re: 41 Motion
for Summary Judgment. (Sealed Document) (Attachments:
# 1 Exhibit A − Deposition transcript Dion Miller,
# 2 Exhibit B − Deposition transcript Thomas Nesheim, see 44 ,
# 3 Exhibit C − Deposition transcript of Kim Deasy, see 45
# 4 Exhibit D − Sparx Organization,
# 5 Exhibit E − David Hasselhoff Note,
# 6 Exhibit F − Jarmuzek Deposition Transcript, see 46
# 7 Exhibit G − Employee Handbook Excerpt,
# 8 Exhibit H − Employee Handbook Excerpt,
# 9 Exhibit I − Employee Handbook Excerpt,
# 10 Exhibit J − Statement of Tom Nesheim,
# 11 Exhibit K − Statement of Kim Deasy,
# 12 Exhibit L − EEOC Response to Req. for Admissions,
# 13 Exhibit M − Employee Discussion Form,
# 14 Exhibit N − Case) (Schwartz, Michael) Modified on 1/15/2013; requested
attorney file Exhibits B,C and F (Depositions) as separate documents in
Full/Condensed format with any exhibits attached separately and described.
(Exhibit A already filed as entry 38 ) (mmo). Sealed document on 1/28/2013 per
court order. (krj) (Entered: 01/14/2013)

01/15/2013

44 Deposition of Tom Nesheim taken on 1/8/13 (Exhibit B) to 43 Affidavit filed by
North Broadway Holdings, Inc., Northern Star Properties, LLC, Northern Star
Hospitality, Inc.(Sealed Document) (Attachments:
# 1 Exhibit 1 − Nesheim Depo Photograph,
# 2 Exhibit 2 − Nesheim Depo Employee Discussion Form) (Schwartz, Michael)
Modified docket text on 1/16/2013 (mmo). Sealed document on 1/28/2013 per
court order. (krj) (Entered: 01/15/2013)

01/15/2013

45 Deposition of Kim Deasy taken on 1/9/13 (Exhibit C) to 43 Affidavit filed by
North Broadway Holdings, Inc., Northern Star Properties, LLC, Northern Star
Hospitality, Inc. (Attachments:

Case: 3:12-cv-214 As of: 03/27/2014 04:38 PM CDT 7 of 20
# 1 Exhibit 1 − Deasy Sparx Organization Chart,
# 2 Exhibit 2 − Deasy Sparx Organization Chart,
# 3 Exhibit 3 − Deasy Statement from Deasy,
# 4 Exhibit 4 − Deasy Statement from Deasy,
# 5 Exhibit 5 − Deasy Employer Statement,
# 6 Exhibit 6 − Deasy Fax Cover Sheet) (Schwartz, Michael) Modified docket text
on 1/16/2013 (mmo). (Entered: 01/15/2013)
01/15/2013

46 Deposition of Christopher Jarmuzek taken on 1/11/13 (Exhibit F) to 43 Affidavit
filed by North Broadway Holdings, Inc., Northern Star Properties, LLC, Northern
Star Hospitality, Inc. Sealed Document) (Attachments:
# 1 Exhibit 1 − Jarmuzek photograph) (Schwartz, Michael) Modified docket text
on 1/16/2013 (mmo). Sealed document on 1/28/2013 per court order. (krj)
(Entered: 01/15/2013)

01/25/2013

47 Notice of Appearance filed by Jessica Ann Palmer−Denig for Plaintiff Equal
Employment Opportunity Commission (Palmer−Denig, Jessica) (Entered:
01/25/2013)

01/28/2013

48 Motion to Seal Document 43, 44 and 46 previously filed by Defendants North
Broadway Holdings, Inc., Northern Star Hospitality, Inc., Northern Star Properties,
LLC. Motions referred to Magistrate Judge Stephen L. Crocker. (Schwartz,
Michael) (Entered: 01/28/2013)

01/28/2013

49 Deposition of Thomas Nesheim taken on January 8, 2013 Ex. B to #43 Redacted
(Schwartz, Michael) (Entered: 01/28/2013)

01/28/2013

50 Deposition of Chris Jarmuzek taken on January 11, 2013 Ex. F to #43 Redacted
(Schwartz, Michael) (Entered: 01/28/2013)

01/28/2013

51 ** TEXT ONLY ORDER **
ORDER granting 48 Motion to Seal Documents. Signed by Magistrate Judge
Stephen L. Crocker on 1/28/13. (krj) (Entered: 01/28/2013)

02/04/2013

52 Brief in Opposition by Plaintiff Equal Employment Opportunity Commission re:
41 Motion for Summary Judgment filed by North Broadway Holdings, Inc.,
Northern Star Properties, LLC, Northern Star Hospitality, Inc. (Vasichek, Laurie)
(Entered: 02/04/2013)

02/04/2013

53 Declaration of Laurie A. Vasichek filed by Plaintiff Equal Employment
Opportunity Commission in Opposition re: 41 Motion for Summary Judgment
(Attachments:
# 1 Exhibit A − memo from Deasy to EEOC,
# 2 Exhibit B − file copy of Defendants' position statement,
# 3 Exhibit C − Defendant's Answer to the EEOC's First Set of Interrogatories,
# 4 Exhibit D − termination notice) (Vasichek, Laurie) (Entered: 02/04/2013)

02/04/2013

54 Deposition of Kim M. Deasy taken on 01/09/2013 (Vasichek, Laurie) (Entered:
02/04/2013)

02/04/2013

55 Deposition of Thomas J. Nesheim taken on 01/08/2013 date of birth redacted
(Vasichek, Laurie) (Entered: 02/04/2013)

02/04/2013

56 Declaration of Dion Miller filed by Plaintiff Equal Employment Opportunity
Commission in Opposition re: 41 Motion for Summary Judgment (Vasichek,
Laurie) (Entered: 02/04/2013)

02/04/2013

57 Declaration of Amber Malean filed by Plaintiff Equal Employment Opportunity
Commission in Opposition re: 41 Motion for Summary Judgment (Attachments:
# 1 Exhibit A − cell phone pictures) (Vasichek, Laurie) (Entered: 02/04/2013)

02/04/2013

58 Response to Proposed Findings of Fact filed by Plaintiff Equal Employment
Opportunity Commission re: 41 Motion for Summary Judgment (Vasichek, Laurie)
(Entered: 02/04/2013)

02/04/2013

59 Proposed Findings of Fact filed by Plaintiff Equal Employment Opportunity
Commission re: 41 Motion for Summary Judgment (Vasichek, Laurie) (Entered:
02/04/2013)

Case: 3:12-cv-214 As of: 03/27/2014 04:38 PM CDT 8 of 20
02/05/2013

60 Proposed Findings of Fact filed by Defendants North Broadway Holdings, Inc.,
Northern Star Hospitality, Inc., Northern Star Properties, LLC re: 41 Motion for
Summary Judgment (Schwartz, Michael) (Entered: 02/05/2013)

02/05/2013

61 Notice by Defendants North Broadway Holdings, Inc., Northern Star Hospitality,
Inc., Northern Star Properties, LLC re 60 Proposed Findings of Fact . (Schwartz,
Michael) (Entered: 02/05/2013)

02/06/2013

62 Supplemental Response to Proposed Findings of Fact filed by Plaintiff Equal
Employment Opportunity Commission re: 41 Motion for Summary Judgment
(Vasichek, Laurie) (Entered: 02/06/2013)

02/08/2013

63 ORDER granting 33 Motion to Dismiss counterclaim. Signed by District Judge
Barbara B. Crabb on 2/8/13. (krj) (Entered: 02/08/2013)

02/14/2013

64 Response to Proposed Findings of Fact filed by Defendants North Broadway
Holdings, Inc., Northern Star Hospitality, Inc., Northern Star Properties, LLC re:
41 Motion for Summary Judgment (Schwartz, Michael) (Entered: 02/14/2013)

02/14/2013

65 Brief in Reply by Defendants North Broadway Holdings, Inc., Northern Star
Hospitality, Inc., Northern Star Properties, LLC in Support of 41 Motion for
Summary Judgment (Schwartz, Michael) (Entered: 02/14/2013)

02/14/2013

66 Affidavit of Brandon M. Schwartz filed by Defendants North Broadway Holdings,
Inc., Northern Star Hospitality, Inc., Northern Star Properties, LLC re: 41 Motion
for Summary Judgment (Attachments:
# 1 Exhibit Ex. A Evan Openshaw Statement.pdf,
# 2 Exhibit Ex. B Organization Chart.pdf,
# 3 Exhibit Ex. C Kim Deasy Statement.pdf) (Schwartz, Michael) (Entered:
02/14/2013)

05/09/2013

67 ORDER granting in part and denying in part 41 Motion for Summary Judgment.
Motion granted with respect to harassment claim; denied in all other respects.
Signed by District Judge Barbara B. Crabb on 5/9/13. (krj) (Entered: 05/09/2013)

05/24/2013

68 Motion to Compel Discovery from Defendants by Plaintiff Equal Employment
Opportunity Commission. Motions referred to Magistrate Judge Stephen L.
Crocker. Response due 5/31/2013. (Vasichek, Laurie) (Entered: 05/24/2013)

05/24/2013

69 Redacted Brief in Support of 68 Motion to Compel by Plaintiff Equal Employment
Opportunity Commission (Vasichek, Laurie) (Entered: 05/24/2013)

05/24/2013

70 Declaration of Laurie A. Vasichek filed by Plaintiff Equal Employment
Opportunity Commission re: 68 Motion to Compel (Attachments:
# 1 Exhibit A − Defendants' interrogatory responses,
# 2 Exhibit B − Defendants' response to document requests,
# 3 Exhibit C − correspondence from EEOC to Defendants,
# 4 Exhibit D − correspondence from EEOC to Defendants,
# 5 Exhibit E − REDACTED correspondence from EEOC to Defendants,
# 6 Exhibit F − REDACTED correspondence from Defendants to EEOC,
# 7 Exhibit G − correspondence from EEOC to Defendants,
# 8 Exhibit H − REDACTED correspondence from Defendants to EEOC,
# 9 Exhibit I − correspondence from Defendants to EEOC,
# 10 Exhibit J − email from EEOC to Defendants,
# 11 Exhibit K − email from EEOC to Defendants,
# 12 Exhibit L − Notice of Rule 30(b)(6) Deposition) (Vasichek, Laurie) (Entered:
05/24/2013)

05/24/2013

71 Deposition of Michael D. Schwartz, taken on 01/04/2013 under Rule 30(b)(6)
(Vasichek, Laurie) Modified on 5/28/2013 (krj). (Entered: 05/24/2013)

05/24/2013

72 Redacted Motion to Seal by Plaintiff Equal Employment Opportunity Commission.
Motions referred to Magistrate Judge Stephen L. Crocker. (Vasichek, Laurie)
(Entered: 05/24/2013)

05/24/2013

73 Sealed Motion to Seal (Sealed Document) by Plaintiff Equal Employment
Opportunity Commission. Motions referred to Magistrate Judge Stephen L.
Crocker. (Vasichek, Laurie) (Entered: 05/24/2013)

Case: 3:12-cv-214 As of: 03/27/2014 04:38 PM CDT 9 of 20
05/24/2013

74 Brief in Support of 68 Motion to Compel by Plaintiff Equal Employment
Opportunity Commission (Sealed Document) (Vasichek, Laurie) (Entered:
05/24/2013)

05/24/2013

75 Exhibit to 70 Declaration of Laurie A. Vasichek filed by Equal Employment
Opportunity Commission Exhibit E − correspondence from EEOC to Defendants
(Sealed Document) (Attachments:
# 1 Exhibit F − correspondence from Defendants to EEOC,
# 2 Exhibit H − correspondence from Defendants to EEOC) (Vasichek, Laurie)
Modified on 5/28/2013 (krj). (Entered: 05/24/2013)

05/24/2013

76 ** TEXT ONLY ORDER **
ORDER granting 73 Motion to seal brief in support of 68 motion to compel.
Signed by Magistrate Judge Stephen L. Crocker on 5/24/13. (krj) (Entered:
05/24/2013)

05/24/2013

Set/Reset Deadlines as to 68 Motion to Compel Discovery from Defendants.
Response due 5/31/2013. Telephone Motion Hearing set for 6/6/2013 at 02:00 PM
before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for
setting up the call to chambers at (608) 264−5153. (krj) (Entered: 05/24/2013)

05/31/2013

77 Brief in Opposition by Defendants North Broadway Holdings, Inc., Northern Star
Hospitality, Inc., Northern Star Properties, LLC re: 68 Motion to Compel filed by
Equal Employment Opportunity Commission (Schwartz, Michael) (Entered:
05/31/2013)

05/31/2013

78 Affidavit of Michael D. Schwartz filed by Defendants North Broadway Holdings,
Inc., Northern Star Hospitality, Inc., Northern Star Properties, LLC re: 68 Motion
to Compel (Attachments:
# 1 Exhibit A − Deft's Answers to Interrogatories,
# 2 Exhibit B − 5/29/13 EEOC Req. for Admissions to Sparx,
# 3 Exhibit C − 5/29/13 EEOC Req. for Admissions to North Broadway,
# 4 Exhibit D − Deft's Responses to EEOC's Fourth Req. for Production of Docs.,
# 5 Exhibit E − Correspondence) (Schwartz, Michael) Modified exhibit
descriptions on 6/3/2013 (mmo). (Entered: 05/31/2013)

06/06/2013

Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker:
Telephone Motion Hearing held on 6/6/2013 [:55] (Court Reporter LS) (cak)
(Entered: 06/06/2013)

06/07/2013

79 ** TEXT ONLY ORDER **
At a June 6, 2013 telephonic hearing, the court stayed a final decision on plaintiff's
motion to compel discovery and to shift costs (dkt. 68 ), pending the parties'
implementation of the discovery procedures directed by the court in response to the
parties' input. The court has left the details to the parties to work out, but is
available on short notice to referee any additional implementation disputes that
crop up. It will be up to plaintiff to advise the court if it wishes to pursue its motion
following implementation of the directed discovery procedures. Signed by
Magistrate Judge Stephen L. Crocker on 6/6/13. (krj) (Entered: 06/07/2013)

06/10/2013

80 Transcript of telephone motion hearing, held 6/6/13 before Magistrate Judge
Stephen L. Crocker. Court Reporter: LS.
Please review the court policy regarding electronic transcripts: see Electronic
Transcript Instructions and Notice of Intent to Request Redaction. (krj) (Entered:
06/10/2013)

06/11/2013

Set Deadlines and Hearings re: 68 Motion to Compel Discovery by Plaintiff Equal
Employment Opportunity Commission. Telephone Motion Hearing/Status
Conference set for 6/14/2013 at 2:00 PM before Magistrate Judge Stephen L.
Crocker. Counsel for Plaintiff responsible for setting up the call to chambers at
(608) 264−5153. (arw) (Entered: 06/11/2013)

06/11/2013

Reset Deadlines and Hearings re: 68 Motion to Compel Discovery by Plaintiff
Equal Employment Opportunity Commission. Telephone Motion Hearing reset
from 2:00 PM to 11:00 AM on 6/14/2013. Counsel for Plaintiff responsible for
setting up the call to chambers at (608) 264−5153. (arw) (Entered: 06/11/2013)

Case: 3:12-cv-214 As of: 03/27/2014 04:38 PM CDT 10 of 20
06/13/2013

81 Notice re filing motion to quash in District of South Carolina by Defendants North
Broadway Holdings, Inc., Northern Star Hospitality, Inc., Northern Star Properties,
LLC . (Attachments:
# 1 Exhibit 1. Notice of Appearance for Christopher Brekken filed in South
Carolina,
# 2 Exhibit 2. EEOC's Subpoena Duces Tecum to Denny's Corporation,
# 3 Exhibit 3. EEOC's Affidavit of Service,
# 4 Exhibit 4. Christopher Brekken's Notice of Motion and Motion to Quash filed
in South Carolina) (Schwartz, Michael) Modified text on 6/13/2013 (krj). (Entered:
06/13/2013)

06/13/2013

82 Disregard − refiled as entry 83 ; Modified docket text on 6/14/2013; attorney
refiled with exhibits attached. (mmo). (Entered: 06/13/2013)

06/13/2013

83 Declaration of Michael D. Schwartz filed by Defendants North Broadway
Holdings, Inc., Northern Star Hospitality, Inc., Northern Star Properties, LLC re:
79 Text Only Order,, 68 Motion to Compel (Attachments:
# 1 Exhibit A − picture of access card and key,
# 2 Exhibit B − picture of table and chairs,
# 3 Exhibit C − picture of restrooms,
# 4 Exhibit D − picture of water fountain,
# 5 Exhibit E − picture of vending machines,
# 6 Exhibit G − voicemail transcription from EEOC attorney June 8, 2012
voicemail,
# 7 Exhibit I − June 12, 2013, correspondence regarding NightOwl copying,
# 8 Exhibit J − receipt of custody to NightOwl,
# 9 Exhibit K − June 12, 2013, letter and affidavit of service regarding tax returns,
# 10 Exhibit L − June 12, 2013 letter serving detailed descriptions) (Schwartz,
Michael) Modified exhibit descriptions on 6/14/2013; Exhibit F filed under entry
87 , contacted attorney − no Exhibit H to be filed. (mmo). (Entered: 06/13/2013)

06/13/2013

84 Declaration of Michael D. Schwartz filed by Defendants North Broadway
Holdings, Inc., Northern Star Hospitality, Inc., Northern Star Properties, LLC re:
79 Text Only Order, 68 Motion to Compel. (Sealed Document) (Attachments:
# 1 Exhibit M − June 12, 2013, letter with list of active and terminated employees)
(Schwartz, Michael) Sealed per order on 6/19/2013 (krj). (Entered: 06/13/2013)

06/13/2013

85 Declaration of Michael D. Schwartz filed by Defendants North Broadway
Holdings, Inc., Northern Star Hospitality, Inc., Northern Star Properties, LLC re:
79 Text Only Order,, 68 Motion to Compel . (Attachments:
# 1 Exhibit REDACTED Exhibit M − June 12, 2013 letter with active and
terminated list of employees) (Schwartz, Michael) Modified on 6/19/2013 (krj).
(Entered: 06/13/2013)

06/13/2013

86 Motion to Seal 84 Exhibit M to Declaration of Michael D. Schwartz by Defendants
North Broadway Holdings, Inc., Northern Star Hospitality, Inc., Northern Star
Properties, LLC. Motions referred to Magistrate Judge Stephen L. Crocker.
(Schwartz, Michael) Modified text on 6/19/2013 (krj). (Entered: 06/13/2013)

06/13/2013

87 Declaration of Michael D. Schwartz filed by Defendants North Broadway
Holdings, Inc., Northern Star Hospitality, Inc., Northern Star Properties, LLC re:
86 Motion to Seal Document, 79 Text Only Order, 68 Motion to Compel.
(Attachments:
# 1 Exhibit F − Photos, reduced number of pictures due to size restrictions
illustrating document production) (Schwartz, Michael) Modified docket text on
6/14/2013 (mmo). (Entered: 06/13/2013)

06/14/2013

88 Exhibit F to 83 Declaration, filed by North Broadway Holdings, Inc., Northern Star
Properties, LLC, Northern Star Hospitality, Inc. Exhibit F − Additional Pictures of
arrangement of boxes (Schwartz, Michael) Modified docket text on 6/14/2013
(mmo). (Entered: 06/14/2013)

06/14/2013
06/19/2013

Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker:
Telephone Motion Hearing held on 6/14/2013 [:45] (cak) (Entered: 06/14/2013)
89 Motion to Bifurcate Court and Jury Trial by Plaintiff Equal Employment
Opportunity Commission. Response due 6/26/2013. (Vasichek, Laurie) (Entered:

Case: 3:12-cv-214 As of: 03/27/2014 04:38 PM CDT 11 of 20
06/19/2013)
06/19/2013

90 Brief in Support of 89 Motion to Bifurcate Court and Jury Trial by Plaintiff Equal
Employment Opportunity Commission (Vasichek, Laurie) (Entered: 06/19/2013)

06/19/2013

91 Transcript of telephone motion hearing, held 6/14/13 before Magistrate Judge
Stephen L. Crocker. Court Reporter: LS.
Please review the court policy regarding electronic transcripts: see Electronic
Transcript Instructions and Notice of Intent to Request Redaction. (krj) (Entered:
06/19/2013)

06/19/2013

92 ** TEXT ONLY ORDER **
ORDER granting 86 Motion to Seal. Signed by Magistrate Judge Stephen L.
Crocker on 6/19/13. (krj) (Entered: 06/19/2013)

06/26/2013

93 Brief in Response Defendants North Broadway Holdings, Inc., Northern Star
Hospitality, Inc., Northern Star Properties, LLC re 89 Motion to Bifurcate Court
and Jury Trial (Schwartz, Michael) Modified event on 6/27/2013 (krj). (Entered:
06/26/2013)

06/28/2013

94 ** TEXT ONLY ORDER **
In light of the court's decision to bifurcate and reschedule the trial(s) in this case,
the parties' July 5 and July 19, 2013 submission deadlines are STRICKEN and will
be reset−−along with the jury trial date−−at a telephonic scheduling conference
with the Magistrate Judge on 7/3/2013 at 2:00 PM. Counsel for Plaintiff
responsible for setting up the call to chambers at (608) 264−5153. Signed by
Magistrate Judge Stephen L. Crocker on 6/28/2013. (lak) (Entered: 06/28/2013)

06/28/2013

Set/Reset Trial Deadlines/Hearings: Court Trial set for 8/12/2013 at 9:00 AM. (lak)
(Entered: 06/28/2013)

07/03/2013

Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker:
Telephone Scheduling Conference held on 7/3/2013 [:15] (skv) (Entered:
07/03/2013)

07/03/2013

95 ** TEXT ONLY ORDER **
At a July 3, 2013 telephonic conference, the court directed the parties to follow the
court's procedure governing bench trials (attached to dkt. 10) when submitting
materials in anticipation of their bench trial. We calendared the jury trial as
follows: first submissions due by August 12, 2013, responses due by August 26,
2013, final pretrial conference on September 5, 2013 at 4:00 p.m. (presumptively in
person), jury selection and trial to begin September 16, 2013 at 9:00 a.m. The
parties predict a two or three day trial. Signed by Magistrate Judge Stephen L.
Crocker on 7/3/2013. (voc) (Entered: 07/03/2013)

07/03/2013

Set/Reset Trial Deadlines/Hearings: Final Pretrial Conference set for 9/5/2013 at
04:00 PM. (voc) (Entered: 07/03/2013)

07/31/2013

96 Motion in Limine for Admission of Deposition Testimony by Plaintiff Equal
Employment Opportunity Commission. (Palmer−Denig, Jessica) (Entered:
07/31/2013)

08/01/2013

97 Motion in Limine Regarding The EEOC'S Failure to Satisfy the Conditions
Precedent to this Title VII Action by Defendants North Broadway Holdings, Inc.,
Northern Star Hospitality, Inc., Northern Star Properties, LLC, Counter Claimant
Northern Star Hospitality, Inc.. (Schwartz, Michael) (Entered: 08/01/2013)

08/01/2013

98 Affidavit of Michael D. Schwartz filed by Defendants North Broadway Holdings,
Inc., Northern Star Hospitality, Inc., Northern Star Properties, LLC, Counter
Claimant Northern Star Hospitality, Inc. re: 97 Motion in Limine, (Attachments:
# 1 Exhibit A − Amended Answer to First Amended Complaint,
# 2 Exhibit B − REDLINE Amended Answer to Amended Complaint,
# 3 Exhibit C − Email and Letter from Vasichek to Michael Schwartz dated
7−31−13) (Schwartz, Michael) Modified on 8/2/2013; requested attorney refile
Exhibit C due to illegible pages 4−6. (mmo). Modified on 8/6/2013. Illegible pages
to exhibit C stored in exhibit room. (voc). (Entered: 08/01/2013)

Case: 3:12-cv-214 As of: 03/27/2014 04:38 PM CDT 12 of 20
08/05/2013

99 Brief in Opposition by Plaintiff Equal Employment Opportunity Commission re:
97 Motion in Limine, filed by North Broadway Holdings, Inc., Northern Star
Properties, LLC, Northern Star Hospitality, Inc. (Palmer−Denig, Jessica) (Entered:
08/05/2013)

08/05/2013

100 Brief in Opposition by Defendants North Broadway Holdings, Inc., Northern Star
Hospitality, Inc., Northern Star Properties, LLC, Counter Claimant Northern Star
Hospitality, Inc. re: 96 Motion in Limine filed by Equal Employment Opportunity
Commission (Schwartz, Michael) (Entered: 08/05/2013)

08/05/2013

101 Joint Final Pretrial Conference Report by Plaintiff Equal Employment Opportunity
Commission (Vasichek, Laurie) (Entered: 08/05/2013)

08/05/2013

102 Proposed Findings of Fact by Plaintiff Equal Employment Opportunity
Commission (Vasichek, Laurie) (Entered: 08/05/2013)

08/05/2013

103 Deposition Designations by Plaintiff Equal Employment Opportunity Commission.
(Vasichek, Laurie) (Entered: 08/05/2013)

08/05/2013

104 Proposed Special Verdict − for Court Trial by Plaintiff Equal Employment
Opportunity Commission (Vasichek, Laurie) (Entered: 08/05/2013)

08/05/2013

105 Disregard − refiled as entry 114 ; Modified on 8/6/2013; requested attorney refile
on court form. (mmo). (Entered: 08/05/2013)

08/05/2013

106 Exhibit List Conditions Precedent to Suit by Defendants North Broadway
Holdings, Inc., Northern Star Hospitality, Inc., Northern Star Properties, LLC.
(Schwartz, Michael) (Entered: 08/05/2013)

08/05/2013

107 Exhibit List by Defendants North Broadway Holdings, Inc., Northern Star
Hospitality, Inc., Northern Star Properties, LLC. (Schwartz, Michael) (Entered:
08/05/2013)

08/05/2013

108 Proposed Special Verdict − Liability by Defendants North Broadway Holdings,
Inc., Northern Star Hospitality, Inc., Northern Star Properties, LLC (Schwartz,
Michael) (Entered: 08/05/2013)

08/05/2013

109 Proposed Findings of Fact by Defendants North Broadway Holdings, Inc.,
Northern Star Hospitality, Inc., Northern Star Properties, LLC (Schwartz, Michael)
(Entered: 08/05/2013)

08/05/2013

110 Deposition Designations by Defendants North Broadway Holdings, Inc., Northern
Star Hospitality, Inc., Northern Star Properties, LLC. (Schwartz, Michael)
(Entered: 08/05/2013)

08/05/2013

111 Amended Exhibit List Conditions Precedent to Suit by Defendants North
Broadway Holdings, Inc., Northern Star Hospitality, Inc., Northern Star Properties,
LLC. (Schwartz, Michael) (Entered: 08/05/2013)

08/05/2013

112 Amended Exhibit List by Defendants North Broadway Holdings, Inc., Northern
Star Hospitality, Inc., Northern Star Properties, LLC. (Schwartz, Michael)
(Entered: 08/05/2013)

08/05/2013

113 Proposed Findings of Fact − Successor Liability, Single Employer and Industry
affecting Interstate Commerce by Defendants North Broadway Holdings, Inc.,
Northern Star Hospitality, Inc., Northern Star Properties, LLC (Schwartz, Michael)
Modified docket text on 8/6/2013 (mmo). (Entered: 08/05/2013)

08/06/2013

114 Exhibit List by Plaintiff Equal Employment Opportunity Commission. (Vasichek,
Laurie) (Entered: 08/06/2013)

08/06/2013

115 Motion in Limine to Exclude Defendant from Calling Undisclosed or Late
Disclosed Witnesses by Plaintiff Equal Employment Opportunity Commission.
(Vasichek, Laurie) (Entered: 08/06/2013)

08/06/2013

116 Amended Exhibit List by Defendants North Broadway Holdings, Inc., Northern
Star Hospitality, Inc., Northern Star Properties, LLC. (Schwartz, Michael)
(Entered: 08/06/2013)

Case: 3:12-cv-214 As of: 03/27/2014 04:38 PM CDT 13 of 20
08/07/2013

117 Trial Brief by Plaintiff Equal Employment Opportunity Commission
(Palmer−Denig, Jessica) (Entered: 08/07/2013)

08/07/2013

118 Trial Brief by Defendants North Broadway Holdings, Inc., Northern Star
Hospitality, Inc., Northern Star Properties, LLC (Attachments:
# 1 Exhibit A − Black's Law Dictionary Definition) (Schwartz, Michael) (Entered:
08/07/2013)

08/08/2013

119 Amended Exhibit List by Plaintiff Equal Employment Opportunity Commission.
(Vasichek, Laurie) (Entered: 08/08/2013)

08/09/2013

120 Deposition of Alexander Rivet taken on 6/13/2013 (Vasichek, Laurie) (Entered:
08/09/2013)

08/09/2013

121 Deposition of Christopher Brekken taken on 7/2/2013 30(b)(6) North Broadway
Holdings (Sealed Document) (Vasichek, Laurie) (Entered: 08/09/2013)

08/09/2013

122 Deposition of Randy Krautkramer taken on 7/2/2013 30(b)(6) North Broadway
Holdings (Sealed Document) (Vasichek, Laurie) (Entered: 08/09/2013)

08/09/2013

123 Deposition of Christopher J. Brekken taken on 6/14/2013 (Sealed Document)
(Vasichek, Laurie) (Entered: 08/09/2013)

08/09/2013

124 Deposition of Christopher Brekken taken on 7/2/2013 (Sealed Document)
(Vasichek, Laurie) (Entered: 08/09/2013)

08/09/2013

125 Deposition of Angela Barrett taken on 7/11/2013 Denny's Corporation (Sealed
Document) (Vasichek, Laurie) (Entered: 08/09/2013)

08/09/2013

126 Motion to Seal Document Nos. 121, 122, 123, 124, and 125 by Plaintiff Equal
Employment Opportunity Commission. Motions referred to Magistrate Judge
Stephen L. Crocker. (Vasichek, Laurie) (Entered: 08/09/2013)

08/09/2013

127 Amended Exhibit List by Defendants North Broadway Holdings, Inc., Northern
Star Hospitality, Inc., Northern Star Properties, LLC. (Schwartz, Michael)
(Entered: 08/09/2013)

08/09/2013

128 ** TEXT ONLY ORDER **
The EEOC's motion to submit specified depositions under seal at defendants'
request, dkt. 126 , is GRANTED, subject to being revisited at the bench trial.
Signed by Magistrate Judge Stephen L. Crocker on 8/9/2013. (arw) (Entered:
08/09/2013)

08/09/2013

129 Witness List (Jury Trial) by Plaintiff Equal Employment Opportunity Commission
(Palmer−Denig, Jessica) (Entered: 08/09/2013)

08/09/2013

130 Exhibit List (Jury Trial) by Plaintiff Equal Employment Opportunity Commission.
(Palmer−Denig, Jessica) (Entered: 08/09/2013)

08/09/2013

131 Deposition Designations (Jury Trial) by Plaintiff Equal Employment Opportunity
Commission. (Palmer−Denig, Jessica) (Entered: 08/09/2013)

08/09/2013

132 Proposed Voir Dire by Plaintiff Equal Employment Opportunity Commission
(Palmer−Denig, Jessica) (Entered: 08/09/2013)

08/09/2013

133 Proposed Jury Instructions − Liability and Damages by Plaintiff Equal
Employment Opportunity Commission (Palmer−Denig, Jessica) (Entered:
08/09/2013)

08/09/2013

134 Proposed Special Verdict − Liability (Jury Trial) by Plaintiff Equal Employment
Opportunity Commission (Palmer−Denig, Jessica) (Entered: 08/09/2013)

08/09/2013

135 Proposed Special Verdict − Damages (Jury Trial) by Plaintiff Equal Employment
Opportunity Commission (Palmer−Denig, Jessica) (Entered: 08/09/2013)

08/09/2013

136 Motion in Limine (Jury Trial) by Plaintiff Equal Employment Opportunity
Commission. (Palmer−Denig, Jessica) (Entered: 08/09/2013)

08/09/2013

137 Declaration of Jessica Palmer−Denig filed by Plaintiff Equal Employment
Opportunity Commission re: 136 Motion in Limine (Attachments:

Case: 3:12-cv-214 As of: 03/27/2014 04:38 PM CDT 14 of 20
# 1 Exhibit A − Fax) (Palmer−Denig, Jessica) Modified exhibit description on
8/12/2013 (mmo). (Entered: 08/09/2013)
08/11/2013

138 Motion to Strike 117 Trial Brief by Defendants North Broadway Holdings, Inc.,
Northern Star Hospitality, Inc., Northern Star Properties, LLC. Response due
8/19/2013. (Schwartz, Michael) (Entered: 08/11/2013)

08/11/2013

139 Brief in Support of 138 Motion to Strike Trial Brief by Defendants North
Broadway Holdings, Inc., Northern Star Hospitality, Inc., Northern Star Properties,
LLC (Schwartz, Michael) (Entered: 08/11/2013)

08/12/2013

140 Minute Entry for proceedings held before District Judge Barbara B. Crabb: 1st Day
Court Trial held on 8/12/2013 Briefing set. [4:27] (Court Reporter LS.) (voc)
(Entered: 08/12/2013)

08/12/2013

141 Proposed Special Verdict − Damages by Defendants North Broadway Holdings,
Inc., Northern Star Hospitality, Inc., Northern Star Properties, LLC (Schwartz,
Michael) (Entered: 08/12/2013)

08/12/2013

142 Proposed Special Verdict − Liability by Defendants North Broadway Holdings,
Inc., Northern Star Hospitality, Inc., Northern Star Properties, LLC (Schwartz,
Michael) (Entered: 08/12/2013)

08/12/2013

143 Proposed Jury Instructions − Liability and Damages by Defendants North
Broadway Holdings, Inc., Northern Star Hospitality, Inc., Northern Star Properties,
LLC (Schwartz, Michael) (Entered: 08/12/2013)

08/12/2013

144 Motion in Limine Relating to the Jury Trial by Defendants North Broadway
Holdings, Inc., Northern Star Hospitality, Inc., Northern Star Properties, LLC.
(Schwartz, Michael) (Entered: 08/12/2013)

08/12/2013

145 Proposed Voir Dire by Defendants North Broadway Holdings, Inc., Northern Star
Hospitality, Inc., Northern Star Properties, LLC (Schwartz, Michael) (Entered:
08/12/2013)

08/12/2013

146 Rule 26(a)(3) Pretrial Disclosures by Defendants North Broadway Holdings, Inc.,
Northern Star Hospitality, Inc., Northern Star Properties, LLC (Schwartz, Michael)
(Entered: 08/12/2013)

08/12/2013

147 Disregard − refiled as entry 148 ; Modified on 8/13/2013; requested attorney refile
on court form. (mmo). (Entered: 08/12/2013)

08/13/2013

148 Exhibit List (Jury Trial) by Defendants North Broadway Holdings, Inc., Northern
Star Hospitality, Inc., Northern Star Properties, LLC. (Schwartz, Michael)
(Entered: 08/13/2013)

08/15/2013

149 Transcript of court trial, morning session, held 8/12/13 before Judge Barbara B.
Crabb. Court Reporter: LS.
Please review the court policy regarding electronic transcripts: see Electronic
Transcript Instructions and Notice of Intent to Request Redaction. (krj) Modified
on 8/16/2013 (krj). (Entered: 08/15/2013)

08/16/2013

150 Transcript of court trial, afternoon session, held 8/12/13 before Judge Barbara B.
Crabb. Court Reporter: CS.
Please review the court policy regarding electronic transcripts: see Electronic
Transcript Instructions and Notice of Intent to Request Redaction. (krj) (Entered:
08/16/2013)

08/20/2013

151 Objection to Rule 26(a)(3) Designations of Witnesses by Plaintiff Equal
Employment Opportunity Commission (Palmer−Denig, Jessica) Modified on
8/26/2013 (rep). (Entered: 08/20/2013)

08/20/2013

152 ORDER granting 96 Motion for admission of deposition testimony of Chris
Brekken, Randy Krautkramer, Kim Deasy, Chris Jarmuzek and Alex Rivet;
denying 97 Motion to dismiss re failure to comply with Title VII's conditions
precedent; granting 115 Motion to bar defendant from calling Lisa Donnerbauer,
Donna Brey and Marian Drew; denying 138 Motion to Strike portions of plaintiff's
trial brief; denying defendants' motion to dismiss case; denying defendants' motion
to dismiss Northern Star Properties and North Broadway Holdings, Inc. Signed by

Case: 3:12-cv-214 As of: 03/27/2014 04:38 PM CDT 15 of 20
District Judge Barbara B. Crabb on 8/20/12. (krj) (Entered: 08/20/2013)
08/26/2013

153 Objections to Trial Exhibits (Jury Trial) by Plaintiff Equal Employment
Opportunity Commission. (Vasichek, Laurie) (Entered: 08/26/2013)

08/26/2013

154 Objections to 141 Proposed Special Verdict, 142 Proposed Special Verdict by
Plaintiff Equal Employment Opportunity Commission (Vasichek, Laurie) (Entered:
08/26/2013)

08/26/2013

155 Objection to Rule 26(a)(3) Designations of deposition testimony by Plaintiff Equal
Employment Opportunity Commission (Vasichek, Laurie) Modified text on
8/26/2013 (krj). (Entered: 08/26/2013)

08/26/2013

156 Brief in Opposition by Plaintiff Equal Employment Opportunity Commission re:
144 Motion in Limine filed by North Broadway Holdings, Inc., Northern Star
Properties, LLC, Northern Star Hospitality, Inc. Relating to the Jury Trial
(Vasichek, Laurie) (Entered: 08/26/2013)

08/26/2013

157 Amended Deposition Designations (Jury Trial) by Plaintiff Equal Employment
Opportunity Commission. (Vasichek, Laurie) (Entered: 08/26/2013)

08/26/2013

158 Objections to 143 Proposed Jury Instructions by Plaintiff Equal Employment
Opportunity Commission (Vasichek, Laurie) (Entered: 08/26/2013)

08/26/2013

159 Objections to 145 Proposed Voir Dire by Plaintiff Equal Employment Opportunity
Commission (Vasichek, Laurie) (Entered: 08/26/2013)

08/26/2013

160 Objection to Plaintiff's Proposed Witness List, Rule 26(a)(3) Designations by
Defendants North Broadway Holdings, Inc., Northern Star Hospitality, Inc.,
Northern Star Properties, LLC (Schwartz, Michael) Modified on 8/27/2013 (mmo).
(Entered: 08/26/2013)

08/26/2013

161 Objections to 132 Proposed Voir Dire by Defendants North Broadway Holdings,
Inc., Northern Star Hospitality, Inc., Northern Star Properties, LLC (Schwartz,
Michael) (Entered: 08/26/2013)

08/26/2013

162 Objections to 133 Proposed Jury Instructions by Defendants North Broadway
Holdings, Inc., Northern Star Hospitality, Inc., Northern Star Properties, LLC
(Schwartz, Michael) (Entered: 08/26/2013)

08/26/2013

163 Objections to Trial Exhibits by Defendants North Broadway Holdings, Inc.,
Northern Star Hospitality, Inc., Northern Star Properties, LLC. (Schwartz,
Michael) (Entered: 08/26/2013)

08/26/2013

164 Objections to 135 Proposed Special Verdict on Damages by Defendants North
Broadway Holdings, Inc., Northern Star Hospitality, Inc., Northern Star Properties,
LLC (Schwartz, Michael) Modified docket text on 8/27/2013 (mmo). (Entered:
08/26/2013)

08/26/2013

165 Objections to 134 Proposed Special Verdict on Liability by Defendants North
Broadway Holdings, Inc., Northern Star Hospitality, Inc., Northern Star Properties,
LLC (Schwartz, Michael) Modified docket text on 8/27/2013 (mmo). (Entered:
08/26/2013)

08/26/2013

166 Brief in Opposition by Defendants North Broadway Holdings, Inc., Northern Star
Hospitality, Inc., Northern Star Properties, LLC re: 136 Motion in Limine filed by
Equal Employment Opportunity Commission (Schwartz, Michael) (Entered:
08/26/2013)

09/05/2013

167 Minute Entry for proceedings held before District Judge Barbara B. Crabb: Final
Pretrial Conference held on 9/5/2013. Trial predicted to last 4 days. 14 jurors will
be called forward. 8 jurors will be empaneled. [:38]
Attention: In the event of a settlement of this matter over the weekend, counsel are
advised to contact the Clerk of Court at (608) 287−4875 or the Chief Deputy Clerk
at (608) 354−8004. (Court Reporter CS.) (krj) (Entered: 09/05/2013)

09/06/2013

168 Final Pretrial Conference Order. Signed by District Judge Barbara B. Crabb on
9/6/13. (krj) (Entered: 09/06/2013)

Case: 3:12-cv-214 As of: 03/27/2014 04:38 PM CDT 16 of 20
09/10/2013

169 Transcript of Final Pretrial Conference, held 9/5/2013 before Judge Barbara B.
Crabb. Court Reporter: CS.
Please review the court policy regarding electronic transcripts: see Electronic
Transcript Instructions and Notice of Intent to Request Redaction. (voc) (Entered:
09/10/2013)

09/11/2013

170 Amended Exhibit List (Jury Trial) by Plaintiff Equal Employment Opportunity
Commission. (Palmer−Denig, Jessica) (Entered: 09/11/2013)

09/11/2013

171 Deposition Designations (Second Amended) (Jury Trial) by Plaintiff Equal
Employment Opportunity Commission. (Palmer−Denig, Jessica) (Entered:
09/11/2013)

09/11/2013

172 Objections to Trial Exhibits by Defendants North Broadway Holdings, Inc.,
Northern Star Hospitality, Inc., Northern Star Properties, LLC. (Schwartz,
Michael) (Entered: 09/11/2013)

09/11/2013

173 Notice by Defendants North Broadway Holdings, Inc., Northern Star Hospitality,
Inc., Northern Star Properties, LLC Defendants' Submission Regarding the Court's
Introductory Instruction. (Schwartz, Michael) (Entered: 09/11/2013)

09/11/2013

174 Notice by Defendants North Broadway Holdings, Inc., Northern Star Hospitality,
Inc., Northern Star Properties, LLC Defendants' Supplemental Submission
Regarding Pretext Instruction. (Schwartz, Michael) (Entered: 09/11/2013)

09/11/2013

175 Notice by Defendants North Broadway Holdings, Inc., Northern Star Hospitality,
Inc., Northern Star Properties, LLC Defendants' Supplemental Submission
Regarding "Cat's Paw" Instruction. (Schwartz, Michael) (Entered: 09/11/2013)

09/11/2013

176 Notice by Defendants North Broadway Holdings, Inc., Northern Star Hospitality,
Inc., Northern Star Properties, LLC Defendants' Supplemental Submission
Regarding "But For" Special Verdict. (Schwartz, Michael) (Entered: 09/11/2013)

09/11/2013

177 Notice by Defendants North Broadway Holdings, Inc., Northern Star Hospitality,
Inc., Northern Star Properties, LLC re 171 Deposition Designations Defendants'
Obejctions to the EEOC's Second Amended Designation of Deposition Testimony.
(Schwartz, Michael) (Entered: 09/11/2013)

09/11/2013

178 Amended Deposition Designations by Defendants North Broadway Holdings, Inc.,
Northern Star Hospitality, Inc., Northern Star Properties, LLC. (Schwartz,
Michael) (Entered: 09/11/2013)

09/12/2013

179 Amended Exhibit List for Jury Trial by Defendants North Broadway Holdings,
Inc., Northern Star Hospitality, Inc., Northern Star Properties, LLC. (Schwartz,
Michael) (Entered: 09/12/2013)

09/13/2013

180 Objections to Defendants' Supplemental Submissions (Dkt 173−176) by Plaintiff
Equal Employment Opportunity Commission (Vasichek, Laurie) (Entered:
09/13/2013)

09/13/2013

181 Objection to 178 Defendants' Late−Disclosed Deposition Designations, by Plaintiff
Equal Employment Opportunity Commission (Vasichek, Laurie) Modified on
9/13/2013. (lak) (Entered: 09/13/2013)

09/13/2013

182 Objection to 178 Rule 26(a)(3) Designations by Plaintiff Equal Employment
Opportunity Commission (Vasichek, Laurie) Added docket entry relationship per
filer's request on 9/13/2013 (krj). (Entered: 09/13/2013)

09/13/2013

183 Notice by Defendants North Broadway Holdings, Inc., Northern Star Hospitality,
Inc., Northern Star Properties, LLC Defendants' Memorandum in Response to
EEOC's Objection to Amended Deposition Designations. (Schwartz, Michael)
(Entered: 09/13/2013)

09/16/2013

Set/Reset Trial Date: 2nd Day Jury Trial set for 9/17/2013 at 9:00 AM. (lak)
(Entered: 09/16/2013)

09/16/2013

184 Minute Entry for proceedings held before District Judge Barbara B. Crabb: Jury
Selection and First Day of Trial held on 9/16/2013. Trial continues. [5:32] (Court
Reporter LS/CS.) (krj) (Entered: 09/16/2013)

Case: 3:12-cv-214 As of: 03/27/2014 04:38 PM CDT 17 of 20
09/17/2013

Set/Reset Trial Date: 3rd Day Jury Trial set for 9/18/2013 at 9:00 AM. (lak)
(Entered: 09/17/2013)

09/18/2013

185 Minute Entry for proceedings held before District Judge Barbara B. Crabb: 2nd
Day Jury Trial held on 9/17/2013. Trial continues. [4:41] (Court Reporter LS/CS.)
(krj) (Entered: 09/18/2013)

09/18/2013

Set/Reset Trial Date: 4th Day Jury Trial set for 9/19/2013 at 9:00 AM. (lak)
(Entered: 09/18/2013)

09/19/2013

09/19/2013
09/19/2013

09/19/2013

186 Minute Entry for proceedings held before District Judge Barbara B. Crabb: 3rd
Day Jury Trial held on 9/18/2013. Liability and Damages verdicts returned in favor
of Equal Employment Opportunity Commission − Damages awarded in the amount
of $ $15,000. [2:46] (Court Reporter LS.) (krj) (Entered: 09/19/2013)
Set/Reset Trial Deadlines/Hearings: Court Trial set for 9/19/2013 at 09:00 AM.
(krj) (Entered: 09/19/2013)
187 Minute Entry for proceedings held before District Judge Barbara B. Crabb: 1st Day
Court Trial held on 9/19/2013. Briefing set. [:58] (Court Reporter LS.) (krj)
(Entered: 09/19/2013)
Post trial submissions due 9/27/2013. (krj) (Entered: 09/19/2013)

09/19/2013

188 Introductory Jury Instructions. (krj) (Entered: 09/19/2013)

09/19/2013

189 Deliberation Jury Instructions − Liability. (krj) (Entered: 09/19/2013)

09/19/2013

190 Jury Verdict − Liability: Verdict returned in favor of Plaintiff Equal Employment
Opportunity Commission. (krj) (Entered: 09/19/2013)

09/19/2013

191 Damages Jury Instructions. (krj) (Entered: 09/19/2013)

09/19/2013

192 Jury Verdict − Damages: Verdict returned in favor of Plaintiff Equal Employment
Opportunity Commission in the amount of $15,000. (krj) (Entered: 09/19/2013)

09/19/2013

193 Exhibit List by Plaintiff Equal Employment Opportunity Commission. (krj)
(Entered: 09/19/2013)

09/19/2013

194 Exhibit List by Defendants North Broadway Holdings, Inc., Northern Star
Hospitality, Inc., Northern Star Properties, LLC. (krj) (Entered: 09/19/2013)

09/19/2013

195 Court Exhibit (Sealed Document). (krj) (Entered: 09/19/2013)

09/25/2013

196 Transcript of first day of jury trial, morning session, held 9/16/13 before Judge
Barbara B. Crabb. Court Reporter: LS.
Please review the court policy regarding electronic transcripts: see Electronic
Transcript Instructions and Notice of Intent to Request Redaction. (krj) (Entered:
09/25/2013)

09/25/2013

197 Transcript of second day of jury trial, morning session, held 9/17/13 before Judge
Barbara B. Crabb. Court Reporter: LS.
Please review the court policy regarding electronic transcripts: see Electronic
Transcript Instructions and Notice of Intent to Request Redaction. (krj) (Entered:
09/25/2013)

09/26/2013

198 Transcript of third day of jury trial, held 9/18/13 before Judge Barbara B. Crabb.
Court Reporter: LS.
Please review the court policy regarding electronic transcripts: see Electronic
Transcript Instructions and Notice of Intent to Request Redaction. (krj) (Entered:
09/26/2013)

09/26/2013

199 Transcript of court trial, held 9/19/13 before Judge Barbara B. Crabb. Court
Reporter: LS.
Please review the court policy regarding electronic transcripts: see Electronic
Transcript Instructions and Notice of Intent to Request Redaction. (krj) (Entered:
09/26/2013)

09/27/2013

200 Brief in Opposition to EEOC's Request for Injunctive Relief and Back Pay by
Defendants North Broadway Holdings, Inc., Northern Star Hospitality, Inc.,

Case: 3:12-cv-214 As of: 03/27/2014 04:38 PM CDT 18 of 20
Northern Star Properties, LLC . (Schwartz, Michael) Modified docket text on
9/27/2013 (mmo). (Entered: 09/27/2013)
09/27/2013

201 Affidavit of Michael D. Schwartz by Defendants North Broadway Holdings, Inc.,
Northern Star Hospitality, Inc., Northern Star Properties, LLC re 200 Brief in
Opposition to EEOC's Request for Injunctive Relief and Back Pay . (Attachments:
# 1 Exhibit A − Employee Handbook,
# 2 Exhibit B − Brand Standards,
# 3 Exhibit C − DFO, LLC Franchise Agreement,
# 4 Exhibit D − Excerpt from Trial Transcript,
# 5 Exhibit E − Wisconsin Court System Circuit Court Access,
# 6 Exhibit F − June 27, 2013 correspondence to counsel for EEOC,
# 7 Exhibit G − pertinent pages of deposition transcript of Angela Barrett,
# 8 Exhibit H − pertinent pages of the deposition transcipt of Chris Brekken dated
July 2, 2013,
# 9 Exhibit I − pertinent pages of the deposition transcript of Michael Schwartz)
(Schwartz, Michael) Modified docket text on 9/27/2013; depos/transcripts
previously filed. (mmo). (mmo). (Entered: 09/27/2013)

09/27/2013

202 Affidavit of Lisa Donnerbauer by Defendants North Broadway Holdings, Inc.,
Northern Star Hospitality, Inc., Northern Star Properties, LLC re 200 Brief in
Opposition to EEOC's Request for Injunctive Relief and Back Pay. (Attachments:
# 1 Exhibit A − poster "The Law",
# 2 Exhibit B − Policies) (Schwartz, Michael) Modified docket text on 9/27/2013
(mmo). (Entered: 09/27/2013)

09/27/2013

203 Post Trial Brief Supplemental Brief Regarding Requested Equitable Relief by
Plaintiff Equal Employment Opportunity Commission (Vasichek, Laurie) (Entered:
09/27/2013)

09/27/2013

204 Declaration of Laurie A. Vasichek re 203 Trial Brief Regarding Requested
Equitable Relief (Attachments:
# 1 Exhibit 1 − email correspondence) (Vasichek, Laurie) (Entered: 09/27/2013)

09/27/2013

205 Transcript of first day of jury trial, afternoon session, held 9/16/13 before Judge
Barbara B. Crabb. Court Reporter: CS.
Please review the court policy regarding electronic transcripts: see Electronic
Transcript Instructions and Notice of Intent to Request Redaction. (krj) (Entered:
09/27/2013)

09/27/2013

206 Transcript of second day of jury trial, afternoon session, held 9/17/13 before Judge
Barbara B. Crabb. Court Reporter: CS.
Please review the court policy regarding electronic transcripts: see Electronic
Transcript Instructions and Notice of Intent to Request Redaction. (krj) (Entered:
09/27/2013)

09/27/2013

207 Motion Pursuant to Fed. R. Civ. P. 60(B)(3) and (D)(3) Regarding Dion Miller's
Perjury re 192 Jury Verdict by Defendants North Broadway Holdings, Inc.,
Northern Star Hospitality, Inc., Northern Star Properties, LLC. Response due
10/4/2013. (Schwartz, Michael) Modified text on 10/3/2013 (krj). (Entered:
09/27/2013)

09/27/2013

208 Affidavit of Michael D. Schwartz filed by Defendants North Broadway Holdings,
Inc., Northern Star Hospitality, Inc., Northern Star Properties, LLC re: 207 Motion
for Miscellaneous Relief, (Attachments:
# 1 Exhibit A − Excerpt from Trial Transcript,
# 2 Exhibit B − Wisconsin Court System Circuit Court Access) (Schwartz,
Michael) (Entered: 09/27/2013)

09/30/2013

209 Brief in Opposition by Plaintiff Equal Employment Opportunity Commission re:
207 Motion for Miscellaneous Relief, filed by North Broadway Holdings, Inc.,
Northern Star Properties, LLC, Northern Star Hospitality, Inc. Re Rule 60
(Palmer−Denig, Jessica) (Entered: 09/30/2013)

09/30/2013

210 Declaration of Dion Miller filed by Plaintiff Equal Employment Opportunity
Commission in support of EEOC's Response re: 207 Motion for Miscellaneous
Relief, (Palmer−Denig, Jessica) (Entered: 09/30/2013)

Case: 3:12-cv-214 As of: 03/27/2014 04:38 PM CDT 19 of 20
09/30/2013

211 Declaration of Jessica Palmer−Denig filed by Plaintiff Equal Employment
Opportunity Commission re: 207 Motion for Miscellaneous Relief, (Attachments:
# 1 Exhibit 1 − Defendant Sparx's 1st Set of Interrogatories,
# 2 Exhibit 2 − EEOC's Answers to Defendant Sparx's 1st Set of Interrogatories,
# 3 Exhibit 3 − Defendant Sparx's 2nd Set of Interrogatories,
# 4 Exhibit 4 − EEOC's Answers to Defendant Sparx's 2nd Set of Interrogatories,
# 5 Exhibit 5 − Defendant Properties' 1st Set of Interrogatories,
# 6 Exhibit 6 − EEOC's Answers to Defendant Properties' 1st Set of
Interrogatories,
# 7 Exhibit 7 − Defendant Holdings' 1st Set of Interrogatories,
# 8 Exhibit 8 − EEOC's Answers to Defendant Holdings' 1st Set of Interrogatories)
(Palmer−Denig, Jessica) Modified on 9/30/2013 (rep). (Entered: 09/30/2013)

10/01/2013

212 Motion to Continue (for Continuance Due To Government Shutdown) by Plaintiff
Equal Employment Opportunity Commission. Response due 10/8/2013.
(Palmer−Denig, Jessica) (Entered: 10/01/2013)

10/01/2013

213 ** TEXT ONLY ORDER **
ORDER granting 212 Motion for continuance due to government shutdown.
Signed by District Judge Barbara B. Crabb on 10/1/2013. (voc) (Entered:
10/01/2013)

11/15/2013

214 ** TEXT ONLY ORDER **
The stay in this case is lifted. Defendants' reply brief re: dkt. 207 is due on or
before November 22, 2013. ( Brief in Reply due 11/22/2013.) Signed by District
Judge Barbara B. Crabb on 11/15/2013. (voc) (Entered: 11/15/2013)

11/22/2013

215 Brief in Reply by Defendants North Broadway Holdings, Inc., Northern Star
Hospitality, Inc., Northern Star Properties, LLC in Support of 207 Motion for
Miscellaneous Relief, (Schwartz, Michael) (Entered: 11/22/2013)

11/22/2013

216 Affidavit of Michael D. Schwartz filed by Defendants North Broadway Holdings,
Inc., Northern Star Hospitality, Inc., Northern Star Properties, LLC re: 207 Motion
for Miscellaneous Relief, (Attachments:
# 1 Exhibit A − EEOC's Answers to Defendant's Second Set of Interrogatories)
(Schwartz, Michael) Modified on 11/25/2013. (lak) (Entered: 11/22/2013)

01/27/2014

217 ORDER granting EEOC's request for back pay and injunctive relief; denying
EEOC's request for front pay. Motion for relief from judgment 207 (construed as
motion to overturn jury's award of damages to Dion Miller) denied. Defendants
enjoined from discharging employees in retaliation for complaints about racially
offensive postings in workplace; from failing to adopt policies that prohibit actions
made unlawful under Title VII; from failing to adopt investigative process re
discrimination claims; and from failing to provide annual training re Title VII.
Dion Miller awarded back pay plus interest and $15,000 for emotional damages.
Signed by District Judge Barbara B. Crabb on 1/27/14. (krj) (Entered: 01/27/2014)

01/27/2014

Plaintiff's submission of additional interest from 9/1/13 to 1/31/14 due 2/3/2014.
Brief in Opposition due 2/13/2014. (krj) (Entered: 01/27/2014)

02/03/2014

218 Brief in Support of Interest Calculation by Plaintiff Equal Employment
Opportunity Commission. (Palmer−Denig, Jessica) Modified on 2/4/2014. (lak)
(Entered: 02/03/2014)

02/03/2014

219 Motion for Clarification re 217 Order on Motion for Miscellaneous Relief, by
Plaintiff Equal Employment Opportunity Commission. Response due 2/10/2014.
(Palmer−Denig, Jessica) (Entered: 02/03/2014)

02/07/2014

220 Brief in Opposition by Defendants North Broadway Holdings, Inc., Northern Star
Hospitality, Inc., Northern Star Properties, LLC re: Submission of Additional
Interest. (Schwartz, Michael) Modified on 2/10/2014. (lak) (Entered: 02/07/2014)

02/07/2014

221 Brief in Reply by Defendants North Broadway Holdings, Inc., Northern Star
Hospitality, Inc., Northern Star Properties, LLC in Support of 219 Motion for
Clarification (Schwartz, Michael) (Entered: 02/07/2014)

02/19/2014

222 ORDER amending re 217 Order entered on 1/27/14. Paragraph 1(e) is added
following 1(d) of the order: Defendants are to send plaintiff a statement of

Case: 3:12-cv-214 As of: 03/27/2014 04:38 PM CDT 20 of 20
compliance no later than December 31 for each of the three years in which
theinjunction is in effect. Paragraphs 3 and 4 are struck and the following
paragraphs are entered in their place: 3. Dion Miller is awarded back pay in the
amount of $40,197.99, plus interest for the period from his date oftermination
through January 31, 2014 in the amount of $3102.51, for a total award of
$43,300.50; 4. Dion Miller is awarded an additional amount of back payequal to
15% of the back pay award, including interest, which additional amount equals
$6495.00, to reimburse him for the extra taxes he will owe on the lump sum
payment he is to receive. In all other respects, the 1/27/14 order remains as entered.
Clerk of court directed to enter judgment for plaintiff and close case. Signed by
District Judge Barbara B. Crabb on 2/19/14. (krj) (Entered: 02/19/2014)
02/25/2014

223 JUDGMENT in favor of Equal Employment Opportunity Commission against
North Broadway Holdings, Inc., Northern Star Hospitality, Inc., Northern Star
Properties, LLC in the amount of $ 64,795.50. (BBC / PAO). (krj) (Entered:
02/25/2014)

02/26/2014

224 Bill of Costs by Plaintiff Equal Employment Opportunity Commission. Motions
referred to Magistrate Judge Stephen L. Crocker. Objection to Bill of Costs due
3/10/2014. Brief in Support to Bill of Costs due 3/18/2014. Brief in Reply in
Opposition to Bill of Costs due 3/24/2014. (Attachments:
# 1 Declaration of Laurie A. Vasichek,
# 2 Exhibit A Service of Process Invoices,
# 3 Exhibit B Invoices of Transcripts,
# 4 Exhibit C Invoices of Printing Costs,
# 5 Exhibit D Invoices of Costs for Obtaining Records,
# 6 Exhibit E Invoices of Witness Costs) (Vasichek, Laurie) Modified on
2/27/2014. Attorney requested to file declaration and attachments as a separate
docket entry. (lak) (Entered: 02/26/2014)

02/27/2014

225 Declaration of Laurie A. Vasichek filed by Plaintiff Equal Employment
Opportunity Commission re: 224 Bill of Costs,, (Attachments:
# 1 Exhibit A Service of Process Invoices,
# 2 Exhibit B Invoices of Transcripts,
# 3 Exhibit C Invoices of Printing Costs,
# 4 Exhibit D Invoices for Obtaining Records,
# 5 Exhibit E Witness Travel Fees) (Vasichek, Laurie) (Entered: 02/27/2014)

03/11/2014

Action Requested: Defendants' counsel is to inform the clerk's office by 3/14/14
whether or not he wants the court's copies of defendants' trial exhibits returned to
him. If the court does not hear from counsel by 3/14/14, the exhibits will be
disposed of. (krj) (Entered: 03/11/2014)

03/13/2014

226 ORDER on Bill of Costs: Costs Taxed in favor of Plaintiff in the amount of
$9,616.56. Signed by Peter A. Oppeneer, Clerk of Court on 3/13/14. (krj) (Entered:
03/13/2014)

03/27/2014

227 NOTICE OF APPEAL by Defendants North Broadway Holdings, Inc., Northern
Star Hospitality, Inc., Northern Star Properties, LLC, Counter Claimant Northern
Star Hospitality, Inc. as to 152 Order on Motion in Limine,,, Order on Motion to
Strike,,,,,,,, 223 Judgment. Filing fee of $ 505, receipt number 0758−1322423 paid.
Docketing Statement filed. (Attachments:
# 1 Docketing Statement Docketing Statement) (Schwartz, Michael) (Entered:
03/27/2014)

03/27/2014

228 Appeal Information Packet. (krj) (Entered: 03/27/2014)