U.S. District Court District of New Jersey [LIVE] (Newark) CIVIL DOCKET FOR CASE #: 2:03-cv FSH-PS

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1 1 of 8 6/7/2007 9:48 AM 12BO, CLOSED, MEDIATION, RULE16, SCHEDO U.S. District Court District of New Jersey [LIVE] (Newark) CIVIL DOCKET FOR CASE #: 2:03-cv FSH-PS EEOC v. CLIFFORD B. FINKLE Assigned to: Judge Faith S. Hochberg Referred to: Magistrate Judge Patty Shwartz Demand: $0 Cause: 42:2000 Job Discrimination (Sex) Date Filed: 09/18/2003 Date Terminated: 04/27/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff Mediator ROSEMARY J. BRUNO Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION represented by ROSEMARY JOAN BRUNO BUCHANAN, INGERSOLL & ROONEY, PC 550 BROAD STREET SUITE 810 NEWARK, NJ (973) rosemary.bruno@bipc.com represented by DAVID INGRAM EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 21 SOUTH FIFTH STREET SUITE 400 PHILADELPHIA, PA (212) JACQUELINE H. MCNAIR EQUAL EMPLOYMENT OPPORTUNITY COMMISSION PHILADELPHIA DISTRICT OFFICE THE BOURSE BUILDING 21 SOUTH FIFTH STREET SUITE 400 PHILADELPHIA, PA (215) jacqueline.mcnair@eeoc.gov

2 2 of 8 6/7/2007 9:48 AM JUDITH A. O'BOYLE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION PHILADELPHIA DISTRICT OFFICE THE BOURSE BUILDING 21 SOUTH FIFTH STREET SUITE 400 PHILADELPHIA, PA (215) judith.oboyle@eeoc.gov Intervenor Plaintiff ROSEMARIE SKIFF RACHEL M. SMITH UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION THE BOURSE 21 SOUTH 5TH STREET SUITE 400 PHILADELPHIA, PA (215) rachel.smith@eeoc.gov represented by KENNETH I. NOWAK ZAZZALI, FAGELLA, NOWAK, KLEINBAUM & FRIEDMAN, PC ONE RIVERFRONT PLAZA NEWARK, NJ (973) knowak@zzfn.com V. Defendant CLIFFORD B. FINKLE, JR. INC. represented by FRANK R. CAMPISANO SEDITA, CAMPISANO & COMPISANO, LLC 81 TWO BRIDGES ROAD STE 211 FAIRFIELD, NJ (973) fcampisano@scclegal.com TERMINATED: 01/31/2005

3 3 of 8 6/7/2007 9:48 AM JILL TOBIA SORGER TOBIA & SORGER ESQS., LLC 500 SUPOR BOULEVARD HARRISON, NJ (973) jsorger@tobiasorger.com RONALD L. TOBIA TOBIA & SORGER ESQS., LLC 500 SUPOR BOULEVARD HARRISON, NJ (973) rtobia@tobiasorger.com Defendant DOUGLAS DOWLING represented by JILL TOBIA SORGER RONALD L. TOBIA FRANK R. CAMPISANO TERMINATED: 01/31/2005 Defendant CLIFFORD B. FINKLE represented by JILL TOBIA SORGER RONALD L. TOBIA FRANK R. CAMPISANO

4 4 of 8 6/7/2007 9:48 AM TERMINATED: 01/31/2005 Date Filed # Docket Text 09/18/ COMPLAINT filed; jury demand FILING FEE $ wv (MD) (Entered: 09/22/2003) 09/22/ NOTICE of Allocation and Assignment filed. ( Newark - Judge Hochberg - Magistrate Judge Shwartz) (NM) (MD) (Entered: 09/22/2003) 09/22/2003 SUMMONS(ES) issued for CLIFFORD B. FINKLE ( 20 Days) (Mailed to Counsel) (MD) (Entered: 09/22/2003) 11/13/ ANSWER to Complaint by CLIFFORD B. FINKLE (DS) (Entered: 11/18/2003) 11/25/ ORDER, setting scheduling conference for 2:00 2/25/04 ( signed by Magistrate Judge Patty Shwartz ) (NM) (DS) (Entered: 12/08/2003) 02/25/ ORDER REFERRING CASE to Mediation. Staying all proceedings from 6/18/04 through 8/3/04. setting status conf. for 7/19/04 at 9:30 a.m. Signed by Judge Patty Shwartz on 2/25/04. (aa, ) (Entered: 02/26/2004) 02/25/ PRETRIAL SCHEDULING ORDER: setting Settlement Conference for 8/3/ :00 AM in Newark - Courtroom 10 before Magistrate Judge Patty Shwartz. Telephone Conference set for 7/19/ :30 AM before Magistrate Judge Patty Shwartz. Final Pretrial Conference set for 1/27/ :00 AM in Newark - Courtroom 10 before Magistrate Judge Patty Shwartz. Fact Discovery due by 10/29/2004. Dispositive Motions due by 12/31/2004. Proposed Pretrial Order due by 1/21/2005, etc. Signed by Judge Patty Shwartz on 2/25/04. (aa, ) (Entered: 02/26/2004) 02/25/2004 Minute Entry for proceedings held before Judge Patty Shwartz : Scheduling Conference held on 2/25/2004. (aa, ) (Entered: 03/02/2004) 03/04/ LETTER ORDER DESIGNATING ROSEMARY J. BRUNO as mediator. Signed by Judge Ronald J. Hedges on 03/04/04. (cc, ) (Entered: 03/04/2004) 04/22/ MOTION to Intervene w/cert. of serv. by ROSEMARIE SKIFF. (Attachments: # 1 PO# 2 Letter Brief# 3 Proposed Cmp.)(DD, ) (Entered: 04/23/2004) 04/22/2004 Set Deadlines as to 8 MOTION to Intervene. Motion Hearing set for 5/24/2004 before Judge Faith S. Hochberg. (DD, ) (Entered: 04/23/2004) 04/28/ ORDER granting 8 Motion to Intervene; Rosemarie Skiff is granted leave to file a complaint as a pltf. Said complaint shall be filed no later than 5/7/04; EEOC shall provide Rosemarie Skiff copies of all orders, pleadings, and discovery exchanged in this federal civil action.. Signed by Judge Patty Shwartz on 4/28/04. (jd, ) (Entered: 04/29/2004) 05/10/ Intervenor COMPLAINT w/jury demand, filed by ROSEMARIE SKIFF.(sr, ) (Entered: 05/13/2004)

5 5 of 8 6/7/2007 9:48 AM 05/24/ STATUS REPORT ORDER Status Report due by 6/7/2004. Signed by Judge Faith S. Hochberg on 05/24/04. (lm, ) (Entered: 05/24/2004) 05/27/ LETTER ORDER scheduling an in person conference Hearing set for 6/8/ :00 AM before Magistrate Judge Patty Shwartz.. Signed by Judge Patty Shwartz on 05/26/04. (nr, ) Modified on 5/28/2004 (nr, ). (Entered: 05/28/2004) 06/07/ WAIVER OF SERVICE Returned Executed by PLAINTIFFS as to CLIFFORD B. FINKLE, JR. INC. waiver sent on 5/7/2004, answer due 7/6/2004; DOUGLAS DOWLING waiver sent on 5/7/2004, answer due 7/6/2004. (Attachments: # 1 Waiver of Service for Clifford B. Finkle, Jr.)(dc, ) (Entered: 06/10/2004) 06/08/2004 Minute Entry for proceedings held before Judge Patty Shwartz : Status Conference held on 6/8/2004. (aa, ) (Entered: 07/01/2004) 06/10/ Amended Pretrial SCHEDULING ORDER: Settlement Conference set for 9/23/ :30 AM before Magistrate Judge Patty Shwartz. Final Pretrial Conference set for 3/2/ :00 AM before Magistrate Judge Patty Shwartz. Status Conference set for 7/12/ :00 PM before Judge Faith S. Hochberg. Dispositive Motions due by 1/28/2005. The return date shall be 2/21/05 before Judge Hochberg. Chambers will advise the parties if oral argument will be required. Proposed Pretrial Order due by 2/25/ Signed by Judge Patty Shwartz on 6/8/04. (jd, ) (Entered: 06/10/2004) 06/10/ Amended ORDER of Reference to Mediation: Mediation shall commence on 6/30/04 with Rosemary Bruno, Esq., who has been appointed to serve as the mediator; the proceedings in this action shall not be stayed; there shall be a telephone status conf. on 7/12/04 at 3:00 p.m.. Signed by Judge Patty Shwartz on 6/8/04. (jd, ) (Entered: 06/10/2004) 06/14/ ANSWER to Intervenor Complaint by CLIFFORD B. FINKLE, JR. INC., DOUGLAS DOWLING, CLIFFORD B. FINKLE.(CAMPISANO, FRANK) (Entered: 06/14/2004) 06/21/ ORDER setting Settlement Conference for 7/13/ :00 PM in Newark - Courtroom 1 before Judge Faith S. Hochberg. Signed by Judge Faith S. Hochberg on 6/21/2004. (lm, ) (Entered: 06/21/2004) 06/30/ ORDER that the request for an Order directing reimburse of expenses is moot; & all other terms of the Order dated 6/8/04 shall remain in full force & effect.. Signed by Judge Patty Shwartz on 6/29/04. (DD, ) (Entered: 06/30/2004) 07/12/2004 Minute Entry for proceedings held before Judge Patty Shwartz : Telephone Conference held on 7/12/2004. (aa, ) (Entered: 07/13/2004) 09/21/ LETTER ORDER the Settlement Conference set for 11:30 AM on 9/23/04 has been converted to a Telephone Settlement Conference at 11:00 AM before Magistrate Judge Patty Shwartz. Signed by Judge Patty Shwartz on 9/17/04. (dc, ) (Entered: 09/22/2004) 09/23/2004 Minute Entry for proceedings held before Judge Patty Shwartz : Telephone Conference held on 9/23/2004. (aa, ) (Entered: 09/27/2004) 09/24/ ORDER: that the intervening plaintiff shall provide answers to the interrogatories and document demands served by the defendant no later than 10/15/04. It is

6 6 of 8 6/7/2007 9:48 AM further order that the Order of 6/8/04 shall remain in full force and effect. Telephone Conference set for 12/10/ :30 AM before Judge Faith S. Hochberg.. Signed by Judge Patty Shwartz on 9/24/04. (JB, ) (Entered: 09/24/2004) 09/28/2004 Minute Entry for proceedings held before Judge Patty Shwartz : Telephone Conference held on 9/28/2004. (aa, ) (Entered: 10/13/2004) 09/29/ ORDER Settlement Conference set for 9/30/ :30 AM before Magistrate Judge Patty Shwartz.. Signed by Judge Patty Shwartz on 9/28/04. (DD, ) (Entered: 09/29/2004) 09/30/2004 Minute Entry for proceedings held before Judge Patty Shwartz : Settlement Conference held on 9/30/2004. (aa, ) (Entered: 10/13/2004) 10/18/ NOTICE of Appearance by RACHEL M. SMITH on behalf of EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (dc, ) (Entered: 10/22/2004) 11/18/ STATUS REPORT ORDER: Status Report due by 12/3/2004. Signed by Judge Faith S. Hochberg on 11/18/2004. (lm, ) (Entered: 11/18/2004) 12/10/2004 Minute Entry for proceedings held before Judge Patty Shwartz : Telephone Conference held on 12/10/2004. (aa, ) (Entered: 12/13/2004) 12/14/ SCHEDULING ORDER setting deposition deadlines and setting Final Pretrial Conference set for 3/2/ :00 AM before Magistrate Judge Patty Shwartz.. Signed by Judge Patty Shwartz on 12/10/04. (nr, ) (Entered: 12/14/2004) 01/18/ ORDER extending certain deadlines: Joint Proposed Final Pretrial Order due by 3/31/2005 at 4:00 PM. Final Pretrial Conference set for 4/4/2005 at 10:00 AM before Magistrate Judge Patty Shwartz. Affirmative Expert Report no later than 2/10/05. Responsive Expert Report no later than 3/10/05. Expert Depositions no later than 3/18/05. Signed by Judge Patty Shwartz on 1/13/05. (dc, ) (Entered: 01/19/2005) 01/27/ NOTICE of Appearance by JUDITH A. O'BOYLE on behalf of EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (jd, ) (Entered: 01/28/2005) 01/31/ Substitution of Attorney (SORGER, JILL) (Entered: 01/31/2005) 02/01/2005 Minute Entry for proceedings held before Judge Patty Shwartz : Telephone Conference held on 2/1/2005. (aa, ) (Entered: 02/02/2005) 02/02/ ORDER granting the request for leave to file a motion regarding applicability of NJLAD; setting briefing schedule for dispositive motion and denying request regarding the notice of argument.. Signed by Judge Patty Shwartz on 02/01/05. (nr, ) (Entered: 02/03/2005) 02/22/ ORDER re: substitution of attorney and entry of appearances on behalf of defts Clifford B. Finkle, Jr., Inc. and Douglas Dowling. Signed by Judge Patty Shwartz on 2/22/05. (jd, ) (Entered: 02/23/2005) 04/04/2005 Minute Entry for proceedings held before Judge Patty Shwartz : Final Pretrial Conference held on 4/4/2005. (Tape #S05-4.) (aa, ) (Entered: 04/08/2005)

7 7 of 8 6/7/2007 9:48 AM 04/06/ FINAL PRETRIAL ORDER. Signed by Judge Patty Shwartz on 04/04/05. (Attachments: # 1 Part 2 of pretrial order)(jb, ) (Entered: 04/06/2005) 04/14/ TRIAL MANAGEMENT ORDER: Jury Selection set for 4/26/ :00 AM in Newark - Courtroom 1 before Judge Faith S. Hochberg. Trial date to be set. Pretrial submissions due within 30 days of 4/4/2005 final pretrial order. Signed by Judge Faith S. Hochberg on 4/14/2005. (lm-sl, ) (Entered: 04/14/2005) 04/15/ Letter from JILL TOBIA SORGER. (lm-sl, ) (Entered: 04/20/2005) 04/19/ ORDER adjourning jury selection for 4/26/2005; trial briefs, jury instructions, etc. due 5/9/2005; summary judgment motion due 4/29/2005 with opposition due 5/9/2005 and reply due 5/12/2005; parties are directed to be prepared for jury selection and trial on short notice. Signed by Judge Faith S. Hochberg on 4/19/2005. (lm-sl, ) (Entered: 04/20/2005) 04/20/ ORDER rescheduling Jury Selection and Trial for 5/17/ :00 AM in Newark - Courtroom 1 before Judge Faith S. Hochberg. Pretrial submissions due 5/9/2005, etc. Signed by Judge Faith S. Hochberg on 4/20/2005. (lm, ) (Entered: 04/20/2005) 04/22/ ORDER that, no later than 4/25/05, the parties shall submit pages to serve as amendments to the final pretrial order that identify (a) the deposition testimony or Mr. Trinkel that the defendants intend to read into evidence (b) the counter-designations to Terry Wright's deposition testimony etc.. Signed by Judge Patty Shwartz on 4/22/05. (JB, ) (Entered: 04/25/2005) 04/26/2005 Minute Entry for proceedings held before Judge Patty Shwartz : Telephone Conference held on 4/26/2005. (aa, ) (Entered: 05/02/2005) 04/27/ ORDER DISMISSING CASE as settled, w/out costs and w/out prejudice. Signed by Judge Faith S. Hochberg on 4/27/05. (jd, ) (Entered: 04/28/2005) 04/27/ LETTER ORDER Settlement Conference set for 4/27/ :30 PM before Magistrate Judge Patty Shwartz.. Signed by Judge Patty Shwartz on 04/26/05. (nr, ) (Entered: 04/28/2005) 04/27/2005 Minute Entry for proceedings held before Judge Patty Shwartz : Settlement Conference held on 4/27/2005. (aa, ) (Entered: 05/02/2005) 04/28/ ORDER directing parties to submit a proposed consent decree to the Hon. Faith S. Hochberg no later than 5/11/05. Signed by Judge Patty Shwartz on 4/27/05. (sr, ) (Entered: 04/28/2005) 04/28/ CONSENT ORDER amending stipulation of facts of the Pretrial Order. Signed by Judge Patty Shwartz on 04/26/05. (nr, ) (Entered: 04/28/2005) 05/11/ ORDER granting 1-day extension to file consent decree with the Court. Signed by Judge Faith S. Hochberg on 5/11/2005. (lm, ) (Entered: 05/12/2005) 05/16/ ORDER regarding 40 Order extending (1) one day to file Consent Decree and filing same etc. Case closed. Signed by Judge Faith S. Hochberg on 5/12/05. (cs, ) (Entered: 05/16/2005)

8 8 of 8 6/7/2007 9:48 AM PACER Login: Description: Billable Pages: PACER Service Center hs0328 Docket Report Transaction Receipt 06/07/ :50:28 Client Code: Search Criteria: 5 Cost: :03-cv FSH-PS Start date: 1/1/1970 End date: 6/7/2007