U.S. District Court Northern District of Indiana [LIVE] USDC Northern Indiana (Hammond) CIVIL DOCKET FOR CASE #: 2:03-cv PRC

Transcription

1 1 of 27 5/21/ :42 AM CONMAG, PROTO, TERMED U.S. District Court Northern District of Indiana [LIVE] USDC Northern Indiana (Hammond) CIVIL DOCKET FOR CASE #: 2:03-cv PRC EEOC v. US Bell Corp, et al Assigned to: Magistrate Judge Paul R Cherry Demand: $0 Case in other court: USCA, USCA, Cause: 42:2000 Job Discrimination (Sex) Date Filed: 06/16/2003 Date Terminated: 08/23/2005 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff Plaintiff Equal Employment Opportunity Commission represented by Jo Ann Farnsworth Equal Employment Opportunity Commission - Ind/IN 101 W Ohio Street Suite 1900 Indianapolis, IN Fax: joann.farnsworth@eeoc.gov Kenneth L Bird Equal Employment Opportunity Commission - Ind/IN 101 W Ohio Street Suite 1900 Indianapolis, IN Fax: Kenneth.Bird@EEOC.gov V. Defendant US Bell Corporation represented by Lizabeth R Nadzan Suber & Davis 212 E Lincolnway Suite 201 Valparaiso, IN Fax: suberdavis@aol.com TERMINATED: 08/12/2004

2 2 of 27 5/21/ :42 AM Michael J Rappa Johnson & Rappa LLC 250 E 90th Drive Merrillville, IN Fax: mjr@johnsonrappa.com Steven A Johnson Johnson & Rappa LLC 250 E 90th Drive Merrillville, IN Fax: saj@johnsonrappa.com Defendant Link Technologies Corp doing business as US Bell represented by Lizabeth R Nadzan TERMINATED: 08/12/2004 Michael J Rappa Steven A Johnson Defendant Buzz Telecom Corp represented by Lizabeth R Nadzan TERMINATED: 08/12/2004 Michael J Rappa

3 3 of 27 5/21/ :42 AM Intervenor Defendant Kurtis Kintzel individually and in his corporate capacity TERMINATED: 08/03/2005 Steven A Johnson represented by Daniel A Gioia Spangler Jennings & Dougherty PC - Mer/IN 8396 Mississippi Street Merrillville, IN Fax: dgioia@sjdlaw.com TERMINATED: 08/04/2005 Steven A Johnson Intervenor Defendant Keanan Kintzel individually and in his corporate capacity TERMINATED: 08/03/2005 Intervenor Defendant Gene Chill individually and in his corporate capacity TERMINATED: 08/03/2005 represented by Steven A Johnson represented by Steven A Johnson Intervenor Defendant Link Technologies Corp TERMINATED: 08/03/2005 doing business as U S Bell TERMINATED: 08/03/2005 Intervenor Defendant U S Bell Corporation TERMINATED: 08/03/2005 Intervenor Defendant Buzz Telecom Corp TERMINATED: 08/03/2005 Intervenor Plaintiff

4 4 of 27 5/21/ :42 AM Joshua Childs TERMINATED: 08/03/2005 represented by James T McNiece Spangler Jennings & Dougherty PC - Mer/IN 8396 Mississippi Street Merrillville, IN Fax: jmcniece@sjdlaw.com TERMINATED: 09/23/2004 Matthew J Arnold Ferngren Arnold & Busse LLP Seven Napoleon Street Valparaiso, IN Fax: mjarnold@sevennapoleon.com Daniel A Gioia Intervenor Plaintiff Tiffany Childs (Sims) TERMINATED: 08/03/2005 represented by James T McNiece TERMINATED: 09/23/2004 Matthew J Arnold Daniel A Gioia Intervenor Plaintiff Beatrice Johnson TERMINATED: 08/03/2005 represented by James T McNiece TERMINATED: 09/23/2004 Matthew J Arnold

5 5 of 27 5/21/ :42 AM Intervenor Plaintiff Renee Roby TERMINATED: 08/03/2005 Daniel A Gioia represented by James T McNiece TERMINATED: 09/23/2004 Matthew J Arnold Daniel A Gioia Date Filed # Docket Text 06/16/ COMPLAINT ( Number of Summon(es) issued: 3 ) Jury demand by: plaintiff Amt. of filing fee: waived Receipt #: (plm) (Entered: 06/18/2003) 06/16/ ATTORNEY APPEARANCE for plaintiff EEOC by Jo Ann Farnsworth (plm) (Entered: 06/18/2003) 06/27/ ATTORNEY APPEARANCE for defendant Buzz Telecom Corp by Steven A Johnson (plm) (Entered: 06/27/2003) 06/27/ ATTORNEY APPEARANCE for defendant Buzz Telecom Corp by Lizabeth R Hopkins (plm) (Entered: 06/27/2003) 07/10/ RETURN OF SERVICE executed upon defendant US Bell Corp on 6/25/03 (plm) (Entered: 07/10/2003) 07/10/ RETURN OF SERVICE executed upon defendant Link Technl Corp on 6/25/03 (plm) (Entered: 07/10/2003) 07/10/ RETURN OF SERVICE executed upon defendant Buzz Telecom Corp on 6/26/03 (plm) (Entered: 07/10/2003) 07/16/ ATTORNEY APPEARANCE for defendant US Bell Corp, defendant Link Technl Corp by Lizabeth R Hopkins (plm) (Entered: 07/16/2003)

6 6 of 27 5/21/ :42 AM 07/16/ ATTORNEY APPEARANCE for defendant US Bell Corp, defendant Link Technl Corp by Steven A Johnson (plm) (Entered: 07/16/2003) 07/16/ ANSWER AND AFFIRMATIVE DEFENSES by defendant US Bell Corp, defendant Link Technl Corp, defendant Buzz Telecom Corp to complaint [1-1]; jury demand (plm) (Entered: 07/16/2003) 08/26/ ORDER by Judge James T. Moody Case referred to Mag Judge Andrew P. Rodovich for all non-dispositive pretrial motions (cc: all counsel) (plm) (Entered: 08/26/2003) 10/07/ ORDER by Chief Judge Robert L. Miller Jr Case referred to Magistrate Paul R. Cherry (cc: all counsel) (smb) (Entered: 10/10/2003) 10/10/ MOTION to intervene of proposed plaintiffs Joshua Childs, Tiffany (Sims) Childs, Beatrice Johnson and Renee Roby (Original complaint housed in file) (plm) Modified on 10/14/2003 (Entered: 10/14/2003) 10/10/ ATTORNEY APPEARANCE for intervenor plaintiff Joshua Childs, intervenor plaintiff Tiffany Childs (Sims), intervenor plaintiff Beatrice Johnson, intervenor plaintiff Renee Roby by Matthew J Arnold (plm) (Entered: 10/14/2003) 10/10/ MEMORANDUM by intervenor plaintiff Joshua Childs, intervenor plaintiff Tiffany Childs (Sims), intervenor plaintiff Beatrice Johnson, intervenor plaintiff Renee Roby in support of motion to intervene of proposed plaintiffs Childs, Tiffany (Sims) Childs, Beatrice Johnson and Renee Roby [13-1] (plm) (Entered: 10/17/2003) 10/21/ ORDER by Magistrate Paul R. Cherry ;teleph init pretrial conference 2:30 12/4/03 before Magistrate Paul R. Cherry; consent forms sent (cc: all counsel) (smb) (Entered: 10/21/2003) 11/07/ ORDER granting [13] Motion to Intervene. Clerk is directed to modify the docket to reflect that Joshua Childs, Tiffany (Sims) Childs, Beatrice Johnson, and Renee Roby have been granted leave to intervene as party-plaintiffs. Signed by Judge Paul R Cherry on 11/7/03. (plm, ) (Entered: 11/14/2003) 11/07/ Intervenor COMPLAINT, filed by Joshua Childs, Tiffany Childs (Sims), Beatrice Johnson, Renee Roby.(plm, ) (Entered: 11/24/2003) 12/03/ REPORT of Rule 26(f) Planning Meeting. (plm, ) (Entered: 12/04/2003) 12/03/ REPORT of Rule 26(f) Planning Meeting. (plm, ) (Entered: 12/11/2003) 12/04/ Minute Entry for proceedings held before Judge Paul R Cherry: Teleph Rule 16 Preliminary Pretrial Conference held on 12/4/2003. Pltf by JoAnn Farnsworth. Dft by L Hopkins. Intervenor Pltf by J McNiece. Dft US Bell Corp to make preliminary TR26 disclosures by 12/12/03; Dft US Bell Corp has no objection to Report of Parties' Planning Meeting filed 12/3/03 signed by Pltf, Interv Pltf. Dft US Bell to file w/court its signed Report of Parties' Planning Meeting in accordance with Crt's instruction this same date. Rule 16 Prelim Pretrial Conference continued to 2/12/ :20 AM before Magistrate Judge Paul R Cherry. Crt to initiate conference. (smb, ) (Entered: 12/08/2003)

7 7 of 27 5/21/ :42 AM 12/12/ Voluntary Initial DISCLOSURES filed by Buzz Telecom Corp, Link Technologies Corp, US Bell Corporation.(plm, ) (Entered: 12/16/2003) 12/23/ ANSWER to 17 Intervenor Complaint by Buzz Telecom Corp, Gene Chill, Keanan Kintzel, Kurtis Kintzel, Link Technologies Corp, US Bell Corporation. (Attachments: # 1 # 2)(Johnson, Steven) (Entered: 12/23/2003) 01/20/ Summons Issued as to Kurtis Kintzel. (plm, ) (Entered: 01/20/2004) 01/20/ Summons Issued as to Gene Chill. (plm, ) (Entered: 01/20/2004) 01/20/ Summons Issued as to Keanan Kintzel. (plm, ) (Entered: 01/20/2004) 02/12/ Scheduling Conference held on 2/12/2004 before Mag Judge Paul R Cherry. Pltf by Jo Ann Farnsworth. Dfns by L Hopkins, J McNiece, M Arnold. CASE MANAGEMENT ORDER ENTERED: Pltf expert witness disclosures and reports due to dfns by 8/30/04; dfns expert witness disclosures and reports due to pltf by 10/15/04. Amended Pleadings to be filed by 3/1/2005. Discovery to be completed by 2/1/2005. Dispositive Motions and Daubert Motions, if any, to be filed by 3/30/2005. Response Brief(s) due 4/29/05; Reply Brief(s) due 5/16/05. Jury Trial (2 week primary) set for 8/15/2005 to proceed through week 8/22/05 09:00 AM in Hammond before Senior Judge James T Moody. Final Pretrial Conference set for 8/4/ :00 AM before Senior Judge James T Moody. Pltf to submit wit-exhibit list for inclusion in PTO to lead dft cnsl (L Hopkins) by 11/1/04. Dfts to submit wit-exhib list for inclusion in PTO to lead dft cnsl (L Hopkins) by 12/1/04. Lead dft cnsl to prepare and file Final PTO. Order Cont Trial to follow.(smb) (Entered: 02/18/2004) 02/18/ ORDER Controlling Final Pretrial Conference and Trial. Signed by Judge Paul R Cherry on 2/18/04. (plm, ) (Entered: 02/19/2004) 02/25/2004 NOTICE OF REASSIGNMENT OF CASE TO MAGISTRATE JUDGE upon full consent of parties; case reassigned to Magistrate Judge Paul R Cherry. The scheduling order entered on 2/12/04 (DE 26) remains INTACT.(smb) (Entered: 02/25/2004) 02/25/ CERTIFICATION of Informal Conference to Settle Discovery Dispute by Equal Employment Opportunity Commission (plm, ) (Entered: 03/01/2004) 02/25/ MOTION to Compel Defendants' Responses to Interrogatories and Production of Documents by Plaintiff Equal Employment Opportunity Commission. (plm, ) (Entered: 03/01/2004) 02/25/ MEMORANDUM in Support of 29 MOTION to Compel filed by Equal Employment Opportunity Commission. (plm, ) (Entered: 03/01/2004) 03/17/ ORDER granting 29 Motion to Compel. Defendants to provide complete responses to the First Set of Interrogatories and First Request for Production of Documents by 3/31/04. Signed by Judge Paul R Cherry on 3/17/04. (plm, ) (Entered: 03/17/2004) 03/23/ Notice of Partial Compliance with Discovery and Renewed MOTION to Compel by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit #G (2) Exhibit H# 3 Exhibit I# 4 Exhibit J# 5 Exhibit K)(plm, ) (Entered: 03/25/2004)

8 8 of 27 5/21/ :42 AM 03/23/ MEMORANDUM in Support of 32 MOTION to Compel filed by Equal Employment Opportunity Commission. (plm, ) (Entered: 03/25/2004) 03/23/ CERTIFICATION of Additional Attempts to Settle Discovery Dispute by Equal Employment Opportunity Commission re 32 MOTION to Compel (plm, ) (Entered: 03/25/2004) 04/14/ ORDER granting 32 Motion to Compel. Defendants to provide complete responses by 4/30/04. Signed by Judge Paul R Cherry on 4/14/04. (plm, ) (Entered: 04/16/2004) 04/29/ MOTION for Extension of Time to File Supplemental Discovery Responses by Defendants Buzz Telecom Corp, Link Technologies Corp, US Bell Corporation. (Hopkins, Lizabeth) (Entered: 04/29/2004) 04/30/ Minute Entry for proceedings held before Judge Paul R Cherry: Telephonic Motion Hearing held on 4/30/2004 re 36MOTION for Extension of Time to File Supplemental Discovery Responses filed by US Bell Corporation,Link Technologies Corp, Buzz Telecom Corp. Pltf by Joann Farnsworth. Defense by L Hopkins. Counsel for Intervenor Defendants waived participation. Argument heard. Motion granted over objection of Plaintiff. Defendant given to and including May 10, 2004 in which to provide supplemental and complete responses to discovery to Plaintiff. (smb) (Entered: 04/30/2004) 05/05/ NOTICE of Appearance by Kenneth L Bird on behalf of Equal Employment Opportunity Commission (Bird, Kenneth) (Entered: 05/05/2004) 05/28/ MOTION for Extension of Time to File Response/Reply to Plaintiff's Third Set of Interrogatories by Defendant Buzz Telecom Corp. (Hopkins, Lizabeth) (Entered: 05/28/2004) 06/01/ RESPONSE to Motion re 39 MOTION for Extension of Time to File Response/Reply to Plaintiff's Third Set of Interrogatories filed by Equal Employment Opportunity Commission. (Farnsworth, Jo Ann) (Entered: 06/01/2004) 06/01/ ORDER granting 39 Motion for Extension of Time to File Response/Reply re 39 Plaintiff's Third Set of Interrogatories. Court orders Defendant Buzz Telecom to respond to Third Set of Interrogatories to Defendants on or before 7/20/2004. Signed by Judge Paul R Cherry on 6/1/04. (plm, ) (Entered: 06/02/2004) 06/22/ MOTION for Sanctions by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit)(Farnsworth, Jo Ann) (plm, ). (Entered: 06/22/2004) 06/22/ MOTION for Sanctions Memorandum in Support by Plaintiff Equal Employment Opportunity Commission. (Farnsworth, Jo Ann) (Modified on 7/14/2004 filed as motion should have been filed as Memorandum. Termed motion.) (Entered: 06/22/2004) 06/22/ MOTION for Sanctions Certification of Counsel by Plaintiff Equal Employment Opportunity Commission. (Farnsworth, Jo Ann) (Modified on 7/14/2004. Filed as Motion should be filed as Certification. Termed Motion.) (Entered: 06/22/2004)

9 9 of 27 5/21/ :42 AM 06/22/ MOTION for Extension of Time to File Expert Report by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit)(Farnsworth, Jo Ann) (Entered: 06/22/2004) 06/24/ ORDER granting 45 Motion for Extension of Time to Submit its Expert Witness Disclosures and Reports. Signed by Judge Paul R Cherry on 6/24/04. (plm, ) (Entered: 06/25/2004) 06/24/2004 Set/Reset Deadlines: Plaintiff expert witness disclosures and reports to be delivered to the defendant by 10/29/2004. (plm, ) (Entered: 06/25/2004) 07/09/ MOTION to Withdraw 42 MOTION for Sanctions by Plaintiff Equal Employment Opportunity Commission. (Farnsworth, Jo Ann) (Entered: 07/09/2004) 07/14/ ORDER granting 47 Motion to Withdraw 42 MOTION for Sanctions. Signed by Judge Paul R Cherry on 7/14/04. (plm, ) (Entered: 07/14/2004) 08/10/ MOTION to Withdraw Appearance by Defendants Buzz Telecom Corp, Link Technologies Corp, US Bell Corporation, Intervenor Defendants Keanan Kintzel, Kurtis Kintzel. (Hopkins, Lizabeth) (Entered: 08/10/2004) 08/12/ ORDER granting 49 Motion to Withdraw Appearance. Signed by Judge Paul R Cherry on 8/12/04. (plm, ) (Entered: 08/12/2004) 09/03/ Joint MOTION for Protective Order by Plaintiff Equal Employment Opportunity Commission. (Farnsworth, Jo Ann) (Entered: 09/03/2004) 09/07/ NOTICE OF ENDORSEMENT of 51 Joint MOTION for Protective Order by Joshua Childs (Arnold, Matthew) (Entered: 09/07/2004) 09/08/ NOTICE OF ENDORSEMENT of 51 Joint MOTION for Protective Order by Joshua Childs, Tiffany Childs (Sims), Beatrice Johnson, Renee Roby (Gioia, Daniel) (Entered: 09/08/2004) 09/09/ NOTICE OF ENDORSEMENT of 51 Joint MOTION for Protective Order by Buzz Telecom Corp, Link Technologies Corp, US Bell Corporation (Johnson, Steven) (Entered: 09/09/2004) 09/16/ Stipulated PROTECTIVE ORDER. Signed by Judge Paul R Cherry on 9/16/04. (plm, ) (Entered: 09/16/2004) 09/22/ NOTICE of Appearance by Daniel A Gioia on behalf of Joshua Childs, Tiffany Childs (Sims), Beatrice Johnson, Renee Roby (Gioia, Daniel) (Entered: 09/22/2004) 09/22/ MOTION to Substitute Attorney by Intervenor Plaintiffs Joshua Childs, Tiffany Childs (Sims), Beatrice Johnson, Renee Roby. (Gioia, Daniel) (Entered: 09/22/2004) 09/23/ ORDER granting 57 Motion to Substitute Attorney. Added attorney Daniel A Gioia for Kurtis Kintzel; Renee Roby; Joshua Childs and Tiffany Childs (Sims). Attorney James T McNiece terminated. Signed by Judge Paul R Cherry on 9/23/04. (plm, ) (Entered: 09/24/2004)

10 10 of 27 5/21/ :42 AM 10/01/ MOTION to Compel by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F)(Farnsworth, Jo Ann) (Entered: 10/01/2004) 10/01/ MEMORANDUM in Support of 59 MOTION to Compel filed by Equal Employment Opportunity Commission. (Farnsworth, Jo Ann) (Entered: 10/01/2004) 10/01/ STATEMENT of Informal Conference to Settle Discovery Dispute re 59 MOTION to Compel filed by Equal Employment Opportunity Commission. (Farnsworth, Jo Ann) (Entered: 10/01/2004) 10/25/ ORDER granting 59 Motion to Compel. Court orders Defendants to respond to Plaintiff's Third Set of Interrogatories nos and Second Request for Production of Documents and Companion Interrogatory on or before 11/8/04. Signed by Judge Paul R Cherry on 10/25/04. (plm, ) (Entered: 10/26/2004) 10/26/ Witness List by Equal Employment Opportunity Commission. (Farnsworth, Jo Ann) (Entered: 10/26/2004) 10/26/ Exhibit List by Equal Employment Opportunity Commission.. (Farnsworth, Jo Ann) (Entered: 10/26/2004) 11/08/ MOTION to Compel by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Certification of)(bird, Kenneth) (Entered: 11/08/2004) 11/08/ MEMORANDUM in Support of 65 MOTION to Compel filed by Equal Employment Opportunity Commission. (Bird, Kenneth) (Entered: 11/08/2004) 11/08/ NOTICE by Buzz Telecom Corp, Link Technologies Corp, US Bell Corporation Notice of Service of Discovery Responses (Johnson, Steven) (Entered: 11/08/2004) 11/09/ ORDER denying without prejudice 65 Motion to Compel. Signed by Judge Paul R Cherry on 11/9/04. (plm, ) (Entered: 11/10/2004) 11/12/ MOTION for Extension of Time to File Expert Reports by Defendants Buzz Telecom Corp, Link Technologies Corp, US Bell Corporation. (Johnson, Steven) Additional attachment(s) - Exhibit A added on 11/15/2004 (efc, ). (Entered: 11/12/2004) 11/15/ RESPONSE in Opposition re 69 MOTION for Extension of Time to File Expert Reports filed by Equal Employment Opportunity Commission. (Farnsworth, Jo Ann) (Entered: 11/15/2004) 11/15/ ORDER granting 69 Motion for Extension of Time to File expert witness disclosures until 12/14/04. Signed by Judge Paul R Cherry on 11/15/04. (kjp, ) (Entered: 11/18/2004) 11/15/2004 Set/Reset Deadlines: Defendant expert witness disclosures and reports to be submitted by 12/14/2004. (kjp, ) (Entered: 11/18/2004) 11/24/ Defendants' Objections to Plaintiff's Final Witness List and Plaintiff's Final Exhibit List Defendants' Objections to Plaintiff's Final Witness List and Plaintiff's Final by Buzz Telecom Corp.. (Johnson, Steven) (Entered:

11 11 of 27 5/21/ :42 AM 11/24/2004) 11/29/ OBJECTION by Buzz Telecom Corp, Link Technologies Corp, US Bell Corporation to Plaintiff's expert. (Attachments: # 1 Exhibit Report of Vincent A. Thomas)(Johnson, Steven) (Entered: 11/29/2004) 12/01/ AMENDED DOCUMENT by Equal Employment Opportunity Commission. Amendment to 62 Witness List. (Farnsworth, Jo Ann) (Entered: 12/01/2004) 12/01/ RESPONSE TO DEFENDANTS' OBJECTIONS TO PLAINTIFF'S FINAL WITNESS LIST AND PLAINTIFF'S FINAL EXHIBIT LIST by Equal Employment Opportunity Commission to 72 Exhibit List,. (Farnsworth, Jo Ann) (Entered: 12/01/2004) 12/01/ Exhibit List by Buzz Telecom Corp, Gene Chill, Keanan Kintzel, Kurtis Kintzel, Link Technologies Corp, US Bell Corporation.. (Johnson, Steven) (Entered: 12/01/2004) 12/01/ Witness List by Buzz Telecom Corp, Gene Chill, Keanan Kintzel, Kurtis Kintzel, Link Technologies Corp, US Bell Corporation. (Johnson, Steven) (Entered: 12/01/2004) 12/02/ RESPONSE by Equal Employment Opportunity Commission to Defendants' Objections to Plaintiff's Expert. (Bird, Kenneth) (Entered: 12/02/2004) 12/02/ MOTION for Sanctions by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit L# 2 Exhibit M# 3 Exhibit N# 4 Exhibit O# 5 Exhibit P# 6 Exhibit Q)(Farnsworth, Jo Ann) (Entered: 12/02/2004) 12/02/ MEMORANDUM in Support of 79 MOTION for Sanctions filed by Equal Employment Opportunity Commission. (Farnsworth, Jo Ann) (Entered: 12/02/2004) 12/03/ MOTION for Protective Order and Request for Expedited Ruling by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Certification of Informal Efforts to Resolve Discovery Dispute# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5# 7 Exhibit 6)(Bird, Kenneth) (Entered: 12/03/2004) 12/03/ MEMORANDUM in Support of 81 MOTION for Protective Order and Request for Expedited Ruling filed by Equal Employment Opportunity Commission. (Bird, Kenneth) (Entered: 12/03/2004) 12/08/ MOTION for Sanctions Fed. R. Civ. P. 37(c)(1) and Objection to Defendants' Witness List by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Farnsworth, Jo Ann) (Entered: 12/08/2004) 12/08/ MEMORANDUM in Support of 83 MOTION for Sanctions Fed. R. Civ. P. 37(c)(1) and Objection to Defendants' Witness List filed by Equal Employment Opportunity Commission. (Farnsworth, Jo Ann) (Entered: 12/08/2004) 12/08/ RESPONSE in Opposition re 79 MOTION for Sanctions filed by Kurtis Kintzel, Keanan Kintzel, Gene Chill, US Bell Corporation, Link Technologies Corp, Buzz Telecom Corp. (Attachments: # 1 Exhibit 1)(Johnson, Steven) (Entered: 12/08/2004)

12 12 of 27 5/21/ :42 AM 12/08/ RESPONSE in Opposition re 81 MOTION for Protective Order and Request for Expedited Ruling filed by Kurtis Kintzel, Keanan Kintzel, Gene Chill, US Bell Corporation, Link Technologies Corp, Buzz Telecom Corp. (Attachments: # 1 Exhibit 1)(Johnson, Steven) (Entered: 12/08/2004) 12/08/ MOTION To Exclude Kelly Adwell Cripe as a Witness by Intervenor Defendants Kurtis Kintzel, Keanan Kintzel, Gene Chill, Defendants US Bell Corporation, Link Technologies Corp, Buzz Telecom Corp. (Attachments: # 1 Exhibit Exhibit A)(Johnson, Steven) (Entered: 12/08/2004) 12/08/ RESPONSE in Opposition re 81 MOTION for Protective Order and Request for Expedited Ruling Defendants' Memorandum in Support filed by Kurtis Kintzel, Keanan Kintzel, Gene Chill, US Bell Corporation, Link Technologies Corp, Buzz Telecom Corp. (Johnson, Steven) (Entered: 12/08/2004) 12/09/ MOTION to Compel Responses to Deposition Questions and Motion for Sanctions by Plaintiff Equal Employment Opportunity Commission. (Attachments: # (1) Portions of Transcript of Deposition of Michael Norvil# 2 Certification of Counsel of Informal Efforts to Resolve Discovery Dispute# 3 Exhibit)(Bird, Kenneth) Additional attachment(s) added on 12/14/2004 (smp, ). (Entered: 12/09/2004) 12/09/ MEMORANDUM in Support of 89 MOTION to Compel Responses to Deposition Questions and Motion for Sanctions filed by Equal Employment Opportunity Commission. (Bird, Kenneth) (Entered: 12/09/2004) 12/10/ OBJECTION by Equal Employment Opportunity Commission to 76 Exhibit List. (Farnsworth, Jo Ann) (Entered: 12/10/2004) 12/10/ REPLY to Response to Motion re 81 MOTION for Protective Order and Request for Expedited Ruling filed by Equal Employment Opportunity Commission. (Bird, Kenneth) (Entered: 12/10/2004) 12/10/ REPLY to Response to Motion re 79 MOTION for Sanctions filed by Equal Employment Opportunity Commission. (Farnsworth, Jo Ann) (Entered: 12/10/2004) 12/10/ Reply by Kurtis Kintzel, Keanan Kintzel, Gene Chill, US Bell Corporation, Link Technologies Corp, Buzz Telecom Corp to 78 Response/Reply To EEOC's Response to Defendants'Objections To Plaintiff's Expert. (Johnson, Steven) (Entered: 12/10/2004) 12/10/ REPLY by Kurtis Kintzel, Keanan Kintzel, Gene Chill, US Bell Corporation, Link Technologies Corp, Buzz Telecom Corp to 75 Response/Reply To Plaintiff's Response To Defendants'Objections To Plaintiff's Final Witness List And Plaintiff's Final Exhibit List. (Johnson, Steven) (Entered: 12/10/2004) 12/13/ Amended Exhibit List Amended by Equal Employment Opportunity Commission.. (Farnsworth, Jo Ann) (Entered: 12/13/2004) 12/13/ Defendant's Reply to EEOC Response to Defendants' Objections by Buzz Telecom Corp to 75 Response/Reply. (Johnson, Steven) (Entered: 12/13/2004) 12/13/ Defendants' Reply to EEOC Response to Defendants' Objections to Plaintiff's Expert by Buzz Telecom Corp to 78 Response/Reply. (Johnson, Steven)

13 13 of 27 5/21/ :42 AM (Entered: 12/13/2004) 12/14/ PROTECTIVE ORDER: Granting Motion for Protective Order 81; Ordering counsel for parties confer to find agreeable dates for the 3 depositions currently set 12/29/04, 12/30/04 & 1/3/05 but that 1/5/05, 1/6/05 and the week of 1/10/05 shall not be considered. In addition the court sua sponte VACATES the 2/1/05 discovery deadline and resets it to 2/21/05. The Court Denies as Moot request for expedited briefing schedule. Motion terminated: 81. All discovery to be completed by 2/21/2005. Signed by Judge Paul R Cherry on 12/14/04. (jld) (Entered: 12/14/2004) 12/14/ SUPPLEMENTAL PRELIMINARY Witness List by Kurtis Kintzel, Keanan Kintzel, Gene Chill, US Bell Corporation, Link Technologies Corp, Buzz Telecom Corp. (Johnson, Steven) Modified on 12/16/2004 (smp). (Entered: 12/14/2004) 12/15/ RESPONSE to Motion re 87 MOTION To Exclude Kelly Adwell Cripe as a Witness filed by Equal Employment Opportunity Commission. (Farnsworth, Jo Ann) (Entered: 12/15/2004) 12/15/ OBJECTION by Equal Employment Opportunity Commission to 100 Witness List. (Farnsworth, Jo Ann) (Entered: 12/15/2004) 12/22/ RESPONSE in Opposition re 83 MOTION for Sanctions Fed. R. Civ. P. 37(c)(1) and Objection to Defendants' Witness List filed by Kurtis Kintzel, Keanan Kintzel, Gene Chill, US Bell Corporation, Link Technologies Corp, Buzz Telecom Corp. (Johnson, Steven) (Entered: 12/22/2004) 12/22/ RESPONSE by Kurtis Kintzel, Keanan Kintzel, Gene Chill, US Bell Corporation, Link Technologies Corp, Buzz Telecom Corp to 102 Objection to Defendants' Supplemental Witness List. (Johnson, Steven) (Entered: 12/22/2004) 12/23/ REPLY to Response to Motion re 83 MOTION for Sanctions Fed. R. Civ. P. 37(c)(1) and Objection to Defendants' Witness List and Objection 102 to Defendants' Supplemental Witness List filed by Equal Employment Opportunity Commission. (Bird, Kenneth) (Entered: 12/23/2004) 12/27/ RESPONSE by Kurtis Kintzel, Keanan Kintzel, Gene Chill, US Bell Corporation, Link Technologies Corp, Buzz Telecom Corp to 91 Objection. (Attachments: # (1) Redacted Exhibit 1# (2) Redacted Exhibit 2# 3 Exhibit Exhibit 3)(Johnson, Steven) Redacted attachments added on 1/7/2005 (jld). (Entered: 12/27/2004) 12/27/ RESPONSE to Motion re 89 MOTION to Compel Responses to Deposition Questions and Motion for Sanctions filed by Kurtis Kintzel, Keanan Kintzel, Gene Chill, US Bell Corporation, Link Technologies Corp, Buzz Telecom Corp. (Johnson, Steven) (Entered: 12/27/2004) 12/27/ REPLY to Response to Motion re 87 MOTION To Exclude Kelly Adwell Cripe as a Witness filed by Kurtis Kintzel, Keanan Kintzel, Gene Chill, US Bell Corporation, Link Technologies Corp, Buzz Telecom Corp. (Johnson, Steven) (Entered: 12/27/2004)

14 14 of 27 5/21/ :42 AM 01/04/ REPLY to Response to Motion re 89 MOTION to Compel Responses to Deposition Questions and Motion for Sanctions filed by Equal Employment Opportunity Commission. (Bird, Kenneth) (Entered: 01/04/2005) 01/18/ STIPULATION of the Parties by Plaintiff Equal Employment Opportunity Commission. (Bird, Kenneth) (Entered: 01/18/2005) 01/26/ ORDER granting in part and denying in part 79 Motion for Sanctions. The Court DENIES the motion to the extent that it requests the 2003 tax returns and Requests 46 & 47; the Court GRANTS the Motionto the extent that it seeks Interrogatory #24 as well as the sanction of attorneys fees, to a limited extent. The Court ORDERS Defendants to 1) provide complete responss to Interrogatory #24 of Pltf's 3rd Set of Interrogatories within 5 days of the date of this order, 2) pay the EEOC attorney fees associated with the instant Motion for Sanctions. The Court further ORDERS the EEOC to provice verified certification of attorney fees. Finally the Court SUGGESTS the Defts provide 2003 tax returns in response to Interrogatories 16 & 27 within 10 days of the date of this Order. Signed by Judge Paul R Cherry on 1/26/05. (jld) (Entered: 01/26/2005) 01/26/2005 Set Deadlines: Discovery deadline is 1/31/2005 from Order 111. (jld) (Entered: 01/26/2005) 01/26/ ORDER granting in part and denying in part 83 Motion for Sanctions. GRANTING the motion to the extent that it seeks to exclude witnesses but DENIES the motion to the extent that it seeks sanctions. The Court ORDERS that Defts shall not be permitted to introduce at trial, hearing, or motion the testimony of the witnesses disclosed in the order because Defts failed to disclose these witnesses to Pltf. Signed by Judge Paul R Cherry on 1/26/05. (jld, ) (Entered: 01/26/2005) 01/26/ ORDER granting 89 Motion to Compel. The Court ORDERS Mr. Norvil to appear at the offices of the EEOC in Indianapolis to provide complete answers to the EEOC's quesitons, including any reasonable folloe-up questions, not inconsistent with this Order. ORDERING that counsel for the parties are to arrange a convenient time for the continuation of this deposition, at a time when the undersigned Magistrate Judge is available by telephone to rule on objections, if necessary. Further the Defts are ORDERED to pay the EEOC for reasonable expenses to (a) bring this motion and (b) finish the deposition of Mr. Norvil. Counsel for the EEOC are ordered to submit a certification of fees and expenses to the Court within 10 days of the completion of Mr. Norvil's deposition. Signed by Judge Paul R Cherry on 1/26/05. (jld, ) (Entered: 01/26/2005) 01/28/ ORDER: DENYING 87 Motion to Exclude Kelly Adwell Cripe as a Witness; ORDERING that the Defendants may notice the deposition of Ms Cripe for the completion of the deposition commenced on 11/8/04; GRANTING the Defendants to 3/8/05 to conduct the deposition of Ms. Cripe. In all other respects the 2/21/05 discovery deadline remains intact. In addition the EEOC is ORDERED to pay the Defendants the reasonable expenses incurred to complete the deposition of Ms. Cripe. Counsel for the Defendants is ORDERED to submit a certification of fees within 10 days of the completion of Ms Cripe's deposition. Signed by Judge Paul R Cherry on 1/28/05. (jld) (Entered: 02/01/2005)

15 15 of 27 5/21/ :42 AM 01/31/ NOTICE by Kurtis Kintzel, Keanan Kintzel, Gene Chill, US Bell Corporation, Link Technologies Corp, Buzz Telecom Corp re 111 Order on Motion for Sanctions,,, Service of Discovery Documents (Johnson, Steven) (Entered: 01/31/2005) 02/03/ NOTICE by Equal Employment Opportunity Commission re 111 Order on Motion for Sanctions,,, Petition for Attorney Fees (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Farnsworth, Jo Ann) (Entered: 02/03/2005) 02/03/ NOTICE of Appearance by Michael J Rappa on behalf of all defendants (Rappa, Michael) (Entered: 02/03/2005) 02/04/ MOTION for Attorney Fees by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Affidavit of Jo Ann Farnsworth# 2 Affidavit of Kenneth Bird# 3 Affidavit of Amy Ficklin DeBrota)(Bird, Kenneth) Modified on 2/4/2005 (smp). (Entered: 02/04/2005) 02/04/ ORDER re 116 MOTION for Attorney Fees filed by Equal Employment Opportunity Commission,, Motions terminated: 116 Payment of $ to be made by 4/5/2005. Signed by Judge Paul R Cherry on 2/4/05. (smp) Modified on 2/4/2005 (smp). (Entered: 02/04/2005) 02/04/ ORDER denying as moot 118 Motion for Attorney Fees. Signed by Judge Paul R Cherry on 2/4/05. (jld) (Entered: 02/07/2005) 02/16/ MOTION to Quash Deposition Subpoena by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit No. 1# 2 Exhibit No. 2# 3 Exhibit No. 3# 4 Exhibit No. 4)(Bird, Kenneth) (Entered: 02/16/2005) 02/16/ MEMORANDUM in Support of 121 MOTION to Quash Deposition Subpoena filed by Equal Employment Opportunity Commission. (Bird, Kenneth) (Entered: 02/16/2005) 02/16/ ORDER re 121 MOTION to Quash Deposition Subpoena filed by Equal Employment Opportunity Commission. Defendants to file response to 121 by 2:00 pm 2/17/05.Signed by Judge Paul R Cherry on 2/16/05. (Faxed service to all cnsl of record by smb/crd)(smb) (Entered: 02/16/2005) 02/17/ NOTICE of Hearing on Motion 121 MOTION to Quash Deposition Subpoena: Motion Hearing set for 2/23/ :00 AM telephonically before Magistrate Judge Paul R Cherry w/the Court initiating the conference. Defend US Bell provided an extension in which to file response brief on or before 2:00 pm (CST) 2/22/05.(smb) (Entered: 02/17/2005) 02/21/ RESPONSE to Motion re 121 MOTION to Quash Deposition Subpoena filed by US Bell Corporation. (Attachments: # (1) Exhibit # 2 Exhibit # 3 Exhibit # 4 # 5 Exhibit # (6) Exhibit # 7 Exhibit)(Rappa, Michael) Additional attachment(s) added on 2/22/2005 (smp, ). (Entered: 02/21/2005) 02/22/ REPLY to Response to Motion re 121 MOTION to Quash Deposition Subpoena filed by Equal Employment Opportunity Commission. (Bird, Kenneth) (Entered: 02/22/2005) 02/23/ Motion Hearing held on 2/23/2005 telephonically before Magistrate Judge Paul Cherry re 121 MOTION to Quash Deposition Subpoena filed by Equal

16 16 of 27 5/21/ :42 AM Employment Opportunity Commission. EEOC by K Bird. US Bell by S Johnson, M Rappa. Comments presented; argument heard. Motion is denied as moot. Court gives direction; Amanda Beard should be produced for deposition-reasons stated of record. Discovery extended through 3/31/05 for limited purpose of taking Beard's deposition. (#Digitally Recorded.) (smb) (Entered: 02/23/2005) 02/23/ Motion terminated: finding moot 121 Motion to Quash per Court's oral 2/23/05. (smb) (Entered: 02/23/2005) 02/23/2005 Set/Reset Deadlines: Discovery deadline reset 3/31/2005. (smb) (Entered: 02/23/2005) 02/24/ MOTION for Attorney Fees and Court Reporter Fees by Plaintiff Equal Employment Opportunity Commission. (Farnsworth, Jo Ann) (Entered: 02/24/2005) 02/24/ AFFIDAVIT re 129 MOTION for Attorney Fees and Court Reporter Fees Declaration of Kenneth L. Bird by Equal Employment Opportunity Commission. (Farnsworth, Jo Ann) (Entered: 02/24/2005) 02/24/ AFFIDAVIT re 129 MOTION for Attorney Fees and Court Reporter Fees Declaration of Jo Ann Farnsworth by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A)(Farnsworth, Jo Ann) (Entered: 02/24/2005) 03/11/ MOTION for Attorney Fees and Court Reporter Fees by Intervenor Defendants Kurtis Kintzel, Keanan Kintzel, Gene Chill, Defendants US Bell Corporation, Link Technologies Corp, Buzz Telecom Corp. (Attachments: # 1 Affidavit of Steven A. Johnson# 2 Affidavit of Michael J. Rappa)(Johnson, Steven) (Entered: 03/11/2005) 03/14/ ORDER granting 129 Motion for Attorney Fees and Court Reporter Fees. Defendant to pay the EEOC the sum of $1, within 30 days of the entry of this order. Signed by Judge Paul R Cherry on 3/14/05. (jld) (Entered: 03/16/2005) 03/15/ RESPONSE in Opposition re 132 MOTION for Attorney Fees and Court Reporter Fees filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Farnsworth, Jo Ann) (Entered: 03/15/2005) 03/22/ CLERK'S ENTRY OF JUDGMENT in favor of EEOC and against US Bell Corp et al in the amount of $1, (jld) (Entered: 03/22/2005) 03/24/ MOTION for Leave to Contact Former Supervisors in Preparation for Trial by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1 (letter of 2005 March 4)# 2 Exhibit ABA Ethics Opinion )(Bird, Kenneth) (Entered: 03/24/2005) 03/24/ MEMORANDUM in Support of 136 MOTION for Leave to Contact Former Supervisors in Preparation for Trial filed by Equal Employment Opportunity Commission. (Bird, Kenneth) (Entered: 03/24/2005) 03/24/ MOTION to Compel by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Farnsworth, Jo Ann)

17 17 of 27 5/21/ :42 AM (Entered: 03/24/2005) 03/24/ MEMORANDUM in Support of 138 MOTION to Compel filed by Equal Employment Opportunity Commission. (Farnsworth, Jo Ann) (Entered: 03/24/2005) 03/24/ CERTIFICATE of Informal Conference to Settle Discovery Dispute. (Farnsworth, Jo Ann) (Entered: 03/24/2005) 03/28/ REPLY by Kurtis Kintzel, Keanan Kintzel, Gene Chill, US Bell Corporation, Link Technologies Corp, Buzz Telecom Corp to 132 MOTION for Attorney Fees and Court Reporter Fees Defendants' Reply in Support of Petition for Fees and Response to Plaintiff's Request for Reconsideration. (Rappa, Michael) (Entered: 03/28/2005) 03/30/ MOTION for Summary Judgment by Defendant US Bell Corporation. (Rappa, Michael) (Entered: 03/30/2005) 03/30/ APPENDIX to 142 MOTION for Summary Judgment by US Bell Corporation. (Attachments: # 1 Exhibit Exhibit 1# 2 Exhibit Exhibit 2# 3 Exhibit Exhibit 3# 4 Exhibit Exhibit 4# 5 Exhibit Exhibit 5# 6 Exhibit Exhibit 6# 7 Exhibit Exhibit 7# 8 Exhibit Exhibit 8# 9 Exhibit Exhibit 9# 10 Exhibit Exhibit 10# 11 Exhibit Exhibit 11# 12 Exhibit Exhibit 12# 13 Exhibit Exhibit 13# 14 Exhibit Exhibit 14# 15 Exhibit Exhibit 15# 16 Exhibit Exhibit 16# 17 Exhibit Exhibit 17# 18 Exhibit Exhibit 18# 19 Exhibit Exhibit 19# 20 Exhibit Exhibit 20# 21 Exhibit Exhibit 21# 22 Exhibit Exhibit 22# 23 Exhibit Exhibit 23# 24 Exhibit Exhibit 24# 25 Exhibit Exhibit 25# 26 Exhibit Exhibit 26# 27 Exhibit Exhibit 27# 28 Exhibit Exhibit 28# 29 Exhibit Exhibit 29# 30 Exhibit Exhibit 30# 31 Exhibit Exhibit 31)(Rappa, Michael) (Entered: 03/30/2005) 03/30/ MEMORANDUM in Support of 142 MOTION for Summary Judgment filed by US Bell Corporation. (Rappa, Michael) (Entered: 03/30/2005) 04/04/ MEMORANDUM OF OPINION AND ORDER granting 132 Motion for Attorney Fees. The Plaintiff is ordered to pay to Defendants' attorneys the total sum of $3, The Court further Orders that the payment shall be made within 60 days of this order. Signed by Judge Paul R Cherry on 4/4/05. (jld) (Entered: 04/05/2005) 04/11/ RESPONSE to Motion re 138 MOTION to Compel Response to Sixth Request for Production filed by Kurtis Kintzel, Keanan Kintzel, Gene Chill, US Bell Corporation, Link Technologies Corp, Buzz Telecom Corp. (Attachments: # 1 Exhibit Exhibit 1# 2 Exhibit Exhibit 2)(Rappa, Michael) (Entered: 04/11/2005) 04/11/ RESPONSE to Motion re 136 MOTION for Leave to Contact Former Supervisors in Preparation for Trial filed by Kurtis Kintzel, Keanan Kintzel, Gene Chill, US Bell Corporation, Link Technologies Corp, Buzz Telecom Corp. (Rappa, Michael) (Entered: 04/11/2005) 04/15/ REPLY to Response to Motion re 138 MOTION to Compel filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit D# 2 Exhibit E# 3 Exhibit F# 4 Exhibit G# 5 Exhibit H# 6 Exhibit I)(Farnsworth, Jo Ann) (Entered: 04/15/2005)

18 18 of 27 5/21/ :42 AM 04/19/ REPLY to Response to Motion re 136 MOTION for Leave to Contact Former Supervisors in Preparation for Trial filed by Equal Employment Opportunity Commission. (Bird, Kenneth) (Entered: 04/19/2005) 04/25/ ORDER granting 136 Motion for leave to contact former supervisors in preparation for trial. Signed by Judge Paul R Cherry on 4/25/05. (jld) (Entered: 04/26/2005) 04/25/ MEMORANDUM OPINION AND ORDER granting 138 Motion to Compel Defendants' Responses to Sixth Request for Production of Documents. Defendants to respond to the EEOC's Sixth Request for Production of Documents by 5/16/2005. Signed by Judge Paul R Cherry on 4/25/05. (jld) (Entered: 04/26/2005) 04/29/ MOTION for Leave to File Excess Pages by Plaintiff Equal Employment Opportunity Commission. (Bird, Kenneth) (Entered: 04/29/2005) 04/29/ RESPONSE in Opposition re 142 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 Appendix Statement of Genuine Issues# 2 Affidavit of Webster N. Smith, Part I (text of affidavit)# 3 Affidavit of Webster N. Smith, Part II (Sims's charges)# 4 Affidavit of Webster N. Smith, Part III (charges of Roby and Johnson)# 5 Affidavit of Webster N. Smith, Part IV (letters of determination)# 6 Affidavit of Webster N. Smith, Part V (proposed conciliation agreement)# 7 Exercerpts from deposition of Amanda Bernard# 8 Excerpts from deposition of Ben Bruce# 9 Excerpts from deposition of Wm. Brzycki# 10 Excerpts from deposition of Iesha Cotton# 11 Excerpts from deposition of Kelly Adwell Cripe# 12 Excerpts from deposition of Yanira Daniels# 13 Excerpts from deposition of Lisa Hogan# 14 Excerpts from deposition of Keanan Kintzel# 15 Excerpts from deposition of Kurtis Kintzel# 16 Excerpts from deposition of Lisa Lacefield# 17 Excerpts from deposition of Elena Maga?a# 18 Excerpts from volume I of deposition of Michael Norvil (text of questions and answers)# 19 Excerpts from volume I of deposition of Michael Norvil (deposition exhibits 2 and 9)# 20 Excerpts from volume I of deposition of Michael Norvil (deposition exhibit 10 and first part of exhibit 11)# 21 Excerpts from volume I of deposition of Michael Norvil (remainder of deposition exhibit 11)# 22 Excerpts from volume II of deposition of Michael Norvil# 23 Excerpts from deposition of Waushara Person# 24 Excerpts from deposition of Katrina Reillo# 25 Excerpts from deposition of Margaret Robertson-Smith# 26 Excerpts from deposition of Severia Scott)(Bird, Kenneth) (Entered: 04/29/2005) 04/29/ ORDER granting 152 Motion for Leave to Brief in Excess of Twenty-five Pages. In the interests of justice the Court now RECOGNIZES that the Response Brief has been filed with the Court at DE 153 on 4/29/05. Signed by Judge Paul R Cherry on 4/29/05. (jld) (Entered: 05/02/2005) 05/06/ MOTION for Extension of Time to File Response/Reply by Defendant Buzz Telecom Corp. (Rappa, Michael) (Entered: 05/06/2005) 05/09/ RESPONSE in Opposition re 155 MOTION for Extension of Time to File Response/Reply filed by Equal Employment Opportunity Commission. (Farnsworth, Jo Ann) (Entered: 05/09/2005)

19 19 of 27 5/21/ :42 AM 05/10/ ORDER granting 155 Motion for Extension of Time to File Reply to 142 Motion for Summary Judgment. Reply to be filed by 5/31/2005. Signed by Judge Paul R Cherry on 5/10/05. (jld) (Entered: 05/11/2005) 05/31/ REPLY to Response to Motion re 142 MOTION for Summary Judgment filed by Buzz Telecom Corp. (Rappa, Michael) (Entered: 05/31/2005) 07/19/ ORDER granting in part and denying in part 142 Motion for Summary Judgment. Grants defendants motion for summary judgment on claims of quid pro quo sexual harrassment and retaliation. Denies the motion for summary judgment on the claim of hostile work environment. The court reaffirms trial setting of 8/15/05 and final pretrial conference set for 8/4/05 at 9:00 a.m.. Signed by Judge Paul R Cherry on 7/19/05. (kds) (Entered: 07/19/2005) 07/27/ STATEMENT Joint Submission of Preliminary Statement. (Farnsworth, Jo Ann) (Entered: 07/27/2005) 08/01/ Witness List by Equal Employment Opportunity Commission. (Farnsworth, Jo Ann) (Entered: 08/01/2005) 08/03/ MOTION in Limine to Prevent the Defendants from Presenting an Ellerth/Faragher Affirmative Defense by Plaintiff Equal Employment Opportunity Commission. (Bird, Kenneth) (Entered: 08/03/2005) 08/03/ MEMORANDUM in Support of 162 MOTION in Limine to Prevent the Defendants from Presenting an Ellerth/Faragher Affirmative Defense filed by Equal Employment Opportunity Commission. (Bird, Kenneth) (Entered: 08/03/2005) 08/03/ MOTION in Limine To Prevent Evidence Regarding Unemployment Benefits Hearing by Plaintiff Equal Employment Opportunity Commission. (Farnsworth, Jo Ann) (Entered: 08/03/2005) 08/03/ MEMORANDUM in Support of 164 MOTION in Limine To Prevent Evidence Regarding Unemployment Benefits Hearing filed by Equal Employment Opportunity Commission. (Attachments: # (1) Exhibit A-unemployment hearing decision# 2 Exhibit B-deposition of A.Bernard)(Farnsworth, Jo Ann) Additional attachment(s) added on 8/4/2005 (smp, ). (Entered: 08/03/2005) 08/03/ MOTION in Limine Regarding Defendants' Current Financial Condition by Plaintiff Equal Employment Opportunity Commission. (Farnsworth, Jo Ann) (Entered: 08/03/2005) 08/03/ MEMORANDUM in Support of 166 MOTION in Limine Regarding Defendants' Current Financial Condition filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A-6th Request for Production# 2 Exhibit B-Defendants' Response to 6th RFP)(Farnsworth, Jo Ann) (Entered: 08/03/2005) 08/03/ MOTION in Limine to Prevent Alan Furmankiewicz from Testifying at Trial by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Report of Vincent A. Thomas# 2 Exhibit Report of Alan Furmankiewicz# 3 Exhibit Excerpts from deposition of Alan Furmankiewicz)(Bird, Kenneth) (Entered: 08/03/2005)

20 20 of 27 5/21/ :42 AM 08/03/ MEMORANDUM in Support of 168 MOTION in Limine to Prevent Alan Furmankiewicz from Testifying at Trial filed by Equal Employment Opportunity Commission. (Bird, Kenneth) (Entered: 08/03/2005) 08/03/ Proposed Voir Dire by Equal Employment Opportunity Commission. (Farnsworth, Jo Ann) (Entered: 08/03/2005) 08/03/ Proposed Jury Instructions by Equal Employment Opportunity Commission. (Bird, Kenneth) (Entered: 08/03/2005) 08/03/ Proposed Verdict Form by Equal Employment Opportunity Commission. (Bird, Kenneth) (Entered: 08/03/2005) 08/03/ STIPULATION to Dismiss Intervenors' Claims by Defendants Buzz Telecom Corp, Buzz Telecom Corp. (Rappa, Michael) (Entered: 08/03/2005) 08/03/ NOTICE OF ENDORSEMENT of 173 STIPULATION to Dismiss Intervenors' Claims by Joshua Childs, Tiffany Childs (Sims), Beatrice Johnson, Renee Roby (Gioia, Daniel) (Entered: 08/03/2005) 08/03/ NOTICE OF ENDORSEMENT of 173 STIPULATION to Dismiss Intervenors' Claims by Joshua Childs (Arnold, Matthew) (Entered: 08/03/2005) 08/03/ MOTION to Preclude Defendants' Witnesses and Exhibits at Trial and to Preclude Defendants from Proffering Case-Specific Jury Instructions by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A, letter of July 7, 2005# 2 Exhibit B, letter of July 8, 2005# 3 Exhibit C, Letter of July 12, 2005# 4 Exhibit D, Letter of August 2, 2005)(Bird, Kenneth) (Entered: 08/03/2005) 08/03/ MOTION to Seal Document by Plaintiff Equal Employment Opportunity Commission. (kjp, ) (Entered: 08/03/2005) 08/03/ MOTION in Limine filed under seal, by Plaintiff Equal Employment Opportunity Commission. (kjp, ) (Entered: 08/03/2005) 08/03/ MEMORANDUM in Support of [178] MOTION in Limine, filed under seal, filed by Equal Employment Opportunity Commission. (kjp, ) (Entered: 08/03/2005) 08/03/ ORDER granting 173 Stipulation to Dismiss Intervenor-Plaintiffs' claims with prejudice. Signed by Judge Paul R Cherry on 8/3/05. (kds) (Entered: 08/04/2005) 08/04/ Minute Entry for proceedings held before Judge Paul R Cherry: FINAL PRETRIAL CONFERENCE and MOTION HEARING held on 8/4/2005 re 176MOTION to Preclude Defends' Witnesses and Exhibits at Trial and to Preclude Defends from Proffering Case-Specific Jury Instructions filed by EEOC. Present: J Farnsworth, K Bird, S Johnson, M Rappa, Kurtis Kintzel, Keanan Kintzel. Argument heard-motion DENIED. Any further defense mtn(s)to be filed on or before 8/5/05. Defense response(s) to motion(s) due on or before 8/8/05; EEOC response(s) to motion(s) due on or before 8/10/05; objections to exhibits if any to be filed on or before 8/8/05. Telephone Conference set for 8/12/ :00 AM before Magistrate Judge Paul R Cherry for ruling on motions and confirmation of jury selection time to be initiated by the Court. EEOC makes oral motion for copy of settlement agreement of Intervening

21 21 of 27 5/21/ :42 AM Party-motion taken under advisement to allow for in-camera review by the Court. Trial reaffirmed for 8:30 8/15/05. (#Digitally Recorded.) (smb) (Entered: 08/05/2005) 08/04/ Motion terminated: 176 Motion to Preclude denied. No pdf order to be issued. By Judge Paul R Cherry on 8/4/05. (smb) (Entered: 08/05/2005) 08/04/ ORDER granting [177] Motion to Seal Document, [178] Motion in Limine and [179] Memorandum in support of Motion in Limine. Signed by Judge Paul R Cherry on 8/4/05. (kds) (Entered: 08/05/2005) 08/04/ Oral MOTION for Disclosure by Plaintiff Equal Employment Opportunity Commission made in open Court 8/4/05. (smb) (Entered: 08/08/2005) 08/05/ Witness List by Buzz Telecom Corp. (Rappa, Michael) (Entered: 08/05/2005) 08/05/ MOTION in Limine by Defendant Buzz Telecom Corp. (Rappa, Michael) (Entered: 08/05/2005) 08/05/ MEMORANDUM in Support of 185 MOTION in Limine filed by Buzz Telecom Corp. (Attachments: # 1 Exhibit Vincent Thomas Report)(Rappa, Michael) (Entered: 08/05/2005) 08/08/ OBJECTION by Equal Employment Opportunity Commission to Defendants' Exhibits. (Attachments: # 1 Exhibit A - Affidavit of Chandler# 2 Exhibit B - # 3 Exhibit C - Notice/Letter# 4 Exhibit D - Charge)(Farnsworth, Jo Ann) (Entered: 08/08/2005) 08/08/ RESPONSE in Opposition re 185 MOTION in Limine filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 56 - letter dated Oct. 12, 2000# 2 Exhibit 28 - Severance Agreement)(Farnsworth, Jo Ann) (Entered: 08/08/2005) 08/08/ **SEALED** ORDER granting [189] Motion for Disclosure-PROTECTIVE ORDER signed by Judge Paul R Cherry on 8/8/05. Copy of Order faxed to counsel this same date. (smb) (Entered: 08/08/2005) 08/08/ Proposed Jury Instructions by Buzz Telecom Corp. (Rappa, Michael) (Entered: 08/08/2005) 08/08/ OBJECTION by Buzz Telecom Corp to 171 Proposed Jury Instructions, 172 Proposed Verdict form. (Rappa, Michael) (Entered: 08/08/2005) 08/08/ RESPONSE to Motion re 166 MOTION in Limine Regarding Defendants' Current Financial Condition, 168 MOTION in Limine to Prevent Alan Furmankiewicz from Testifying at Trial, 162 MOTION in Limine to Prevent the Defendants from Presenting an Ellerth/Faragher Affirmative Defense, 164 MOTION in Limine To Prevent Evidence Regarding Unemployment Benefits Hearing filed by Buzz Telecom Corp. (Rappa, Michael) (Entered: 08/08/2005) 08/08/ Proposed Voir Dire by US Bell Corporation, Link Technologies Corp, Buzz Telecom Corp. (Johnson, Steven) (Entered: 08/08/2005) 08/08/ RESPONSE to Motion re [178] MOTION in Limine filed by Buzz Telecom Corp. (Rappa, Michael) (Entered: 08/08/2005)