Equal Employment Opportunity Commission v. JBS USA, LLC
Plaintiff: Equal Employment Opportunity Commission
Defendant: JBS USA, LLC
Case Number: 1:2010cv02103
Filed: August 30, 2010
Court: US District Court for the District of Colorado
Office: Denver Office
County: Denver
Presiding Judge: Philip A. Brimmer
Nature of Suit: Employment
Cause of Action: 42 U.S.C. ยง 2000
Jury Demanded By: Plaintiff
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Date Filed Document Text
February 8, 2021 Opinion or Order Filing 721 ORDER by Magistrate Judge Kristen L. Mix on 2/8/21 GRANTING 672 Motion to Amend/Correct/Modify; GRANTING 673 Motion to Amend/Correct/Modify; GRANTING 678 Motion to Amend/Correct/Modify. IT IS FURTHER ORDERED that the Clerk of the Court shall accept the following documents for filing as of the date of this Order: (1) the Iraq Abade Intervenors' Second Amended Complaint [#672-1], (2) the Asad Abdi Intervenors' Amended Complaint [#673-1], and (3) the Nafiso Abdi Intervenors' Amended Complaint [#678-1]. IT IS FURTHER ORDERED that Defendant shall answer or otherwise respond to the amended complaints in accordance with Fed. R. Civ. P. 15(a)(3)..(nmarb, )
January 25, 2021 Opinion or Order Filing 720 ORDER by Chief Judge Philip A. Brimmer on 1/25/2021, re: 711 Plaintiff EEOCs Second Motion for Partial Reconsideration of the Phase I Findings of Fact and Conclusions of Law is DENIED.(sphil, )
August 25, 2020 Opinion or Order Filing 697 ORDER by Chief Judge Philip A. Brimmer on 8/25/2020, re: 660 Defendant's Motion for Judgment on the Pleadings Pursuant to Fed. R. Civ. P. 12(c) (ECF No. 1) is DENIED; 661 Defendant's Motion for Partial Judgment on the Pleadings P ursuant to Fed. R. Civ. P. 12(c) (ECF No. 61) is GRANTED IN PARTand DENIED IN PART as set forth in this order; 662 Defendant's Motion for Judgment on the Pleadings Pursuant to Fed. R. Civ. P. 12(c) (ECF No. 132) is GRANTED IN PART an d DENIED IN PART as set forth in this order; 663 Defendant's Motion for Judgment on the Pleadings Pursuant to Fed. R. Civ. P. 12(c) (ECF No. 236) is GRANTED IN PART and DENIED IN PART as set forth in this order; 664 Defendant' ;s Motion for Judgment on the Pleadings Pursuant toFed. R. Civ. P. 12(c) (ECF No. 263) is GRANTED IN PART and DENIED IN PART as set forth in this order; 665 Defendant's Motion for Partial Judgment on the Pleadings Pursuant to Fed. R. Civ. P. 12(c) (ECF No. 504) is GRANTED IN PART and DENIED IN PART as set forth in this order. (sphil, )
September 30, 2019 Opinion or Order Filing 653 ORDER by Chief Judge Philip A. Brimmer on 9/30/2019, re: 631 Plaintiff EEOC's Motion for Reconsideration or, in the Alternative, for Certification Pursuant to 28 U.S.C. § 1292(b) is DENIED.(sphil, )
September 24, 2018 Opinion or Order Filing 620 PHASE I FINDINGS OF FACT AND CONCLUSIONS OF LAW by Judge Philip A. Brimmer on 09/24/2018. ORDERED that plaintiff Equal Employment Opportunity Commission's Phase I pattern or practice claims are dismissed. (sphil, )
August 4, 2017 Opinion or Order Filing 576 ORDER granting in part and denying in part as moot 522 Defendant's Motion to Strike Plaintiff's Untimely and Improperly Disclosed Trial Witnesses. Alexis Irizarry and Fardowsa Sanweyne are stricken from plaintiff's witness list and plaintiff is barred from calling them at trial to support its pattern or practice claims in Phase I. By Judge Philip A. Brimmer on 8/4/17. (pabsec)
April 17, 2017 Opinion or Order Filing 501 ORDER. ORDERED that Defendant's Motion to Dismiss Plaintiffs Phase I Failure to Accommodate Claim Pursuant to Fed. R. Civ. P. 12(b)(6) 494 is DENIED. ORDERED that plaintiff's Motion to Strike on Procedural Grounds Defendant's "Motion to Dismiss" and for Expedited Handling [Docket No. 496] is DENIED as moot. Signed by Judge Philip A. Brimmer on 04/17/17. (jhawk, )
April 14, 2016 Opinion or Order Filing 444 MINUTE ORDER; 439 Joint Motion to Vacate the Final Pretrial Conference and Deadline for Submission of a Proposed Final Pretrial Order is GRANTED, by Magistrate Judge Kristen L. Mix on 4/14/16.(morti, )
March 16, 2016 Opinion or Order Filing 438 ORDER. ORDERED that JBS's Objection to Magistrate Judge's Order 338 is OVERRULED. ORDERED that EEOC's Objection Pursuant to Fed.R.Civ.P. 72(a) to Decision of Magistrate Judge to Amend Scheduling Order [ECF 392] to Permit 103 Addition al Witnesses 395 is OVERRULED in part and SUSTAINED in part. ORDERED that JBSs Motion to Amend Scheduling Order to Permit Listing ofAdditional Witnesses Previously Disclosed 341 is GRANTED in part andDENIED in part as indicated in this order. ORD ERED that EEOC's Motion to Amend the Scheduling Order to Allow Depositions of Defendant's Recently Added Witnesses 399 is DENIED without prejudice. ORDERED that, on or before two weeks from the date of this Order, JBS shall disclose to EE OC a list of 30 additional witnesses it seeks to add to its Phase I witness list. Such witnesses shall be deemed timely designated on the dates they wereoriginally disclosed to EEOC. Any motion by EEOC to reopen discovery shall be filed within two weeks of JBS's disclosure and shall indicate for how long discovery should be reopened for the limited purpose of deposing JBS's additional witnesses. Signed by Judge Philip A. Brimmer on 03/16/16.(jhawk, )
July 17, 2015 Opinion or Order Filing 418 ORDER denying 330 Motion for Summary Judgment by Judge Philip A. Brimmer on 07/17/15.(jhawk, )
April 28, 2015 Opinion or Order Filing 398 MINUTE ORDER granting 396 Motion to Vacate and Re-Set Pretrial Conference. ORDERED that the Final Pretrial Conference set for May 26, 2015 at 10:30 a.m. is VACATED and RESET to July 23, 2015 at 10:00 a.m. ORDERED that the proposed pretrial order shall be submitted on or before July 16, 2015. Entered by Magistrate Judge Kristen L. Mix on 04/28/15.(jhawk, )
March 17, 2015 Opinion or Order Filing 392 ORDER. ORDERED that the Motion [#341-1] is GRANTED. The Court finds good cause to allow Defendant to amend its Phase I witness list under § 8(d) (2) of the Scheduling Order. ORDERED that the 103 witnesses listed in Defendant's Eighteenth Supplemental Disclosures Pursuant to Fed. R. Civ. P. 26 (a)(1) [#259-1], Defendant's Nineteenth Supplemental Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1) [#259-2], and Defendant's Twentieth Supplemental Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1) [#259-3] that were stricken by the Court's March 25, 2014 Order [#329] are DEEMED timely designated on the dates they were served on Plaintiff. Entered by Magistrate Judge Kristen L. Mix on 03/17/15.(jhawk, )
October 21, 2014 Opinion or Order Filing 372 MINUTE ORDER by Magistrate Judge Kristen L. Mix on 10/21/14. Plaintiff EEOC's Unopposed Motion to Vacate and Re-Set Pretrial Conference 370 is GRANTED. IT IS FURTHER ORDERED that the Final Pretrial Conference set for December 11, 2014 at 10:00 a.m. is VACATED and RESET to 1/26/2015 11:00 AM in Courtroom C204 before Magistrate Judge Kristen L. Mix. Proposed Pretrial Order due by 1/19/2015. (lgale, )
September 29, 2014 Opinion or Order Filing 366 MINUTE ORDER granting in part and denying in part 294 Motion to Quash by Magistrate Judge Kristen L. Mix on 09/29/14.(jhawk, )
September 9, 2014 Opinion or Order Filing 362 ORDER; Plaintiff EEOCs Motion to Strike Defendants Improperly Disclosed and Unidentified Witnesses 322 is GRANTED in part and DENIED in part. The Officer Disclosure is STRICKEN, by Magistrate Judge Kristen L. Mix on 9/9/14.(morti, )
June 27, 2014 Opinion or Order Filing 354 ORDER granting in part and denying in part 304 Motion for Leave to Disclose Additional Rebuttal Expert Witness. ORDERED that pages 25-27 and the first full paragraph on page 29 of the Koontz Supplement are STRICKEN. Mr. Koontz is not permitted to testify regarding those portions of his Supplement at trial by Magistrate Judge Kristen L. Mix on 06/27/14.(jhawk, )
March 25, 2014 Opinion or Order Filing 329 ORDER Granting 259 Motion to Strike Witnessed. ORDERED that the 103 new witnesses listed in Defendant's Eighteenth Supplemental Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1) [#259-1], Defendant's Nineteenth Supplemental Disclosures Pu rsuant to Fed. R. Civ. P. 26(a)(1) [#259-2], and Defendants Twentieth Supplemental Disclosures Pursuant to Fed. R. Civ.P. 26(a)(1) [#259-3] are STRICKEN from Defendant's 8(d)(2) witness list by Magistrate Judge Kristen L. Mix on 03/25/14.(jhawk, )
February 12, 2014 Opinion or Order Filing 324 MINUTE ORDER granting 321 Plaintiff EEOC's Motion to Disregard NewArgument in Defendant's Reply [ECF 320] or, Alternatively, for Leave to File Surreply to Defendants' [Second] Motion for Leave to Disclose Additional Rebuttal Expert [ECF 304]. The Clerk of the Court shall accept Plaintiff EEOC'sSurreply to Defendant's [Second] Motion for Leave to Disclose Additional Rebuttal Expert [ECF304] [#321-1] for filing as of the date of this Order. By Magistrate Judge Kristen L. Mix on 2/12/2014.(klyon, )
January 9, 2014 Opinion or Order Filing 308 MINUTE ORDER re: 306 Defendant's Motion to Amend Scheduling Order to Extend Dispositive Motions Deadline and Request for Expedited Ruling. Plaintiff shall respond to the Motion on or before January 22, 2014. Defendants Reply, if any, shall be filed on or before January 29, 2014. By Magistrate Judge Kristen L. Mix on 1/9/14.(mnfsl, ) Modified on 1/9/2014 to correct text (mnfsl, ).
October 29, 2013 Opinion or Order Filing 291 MINUTE ORDER granting 288 Joint Motion to Re-set Final Pretrial Conference. Final Pretrial Conference reset for 5/22/2014 at 10:00 AM in Courtroom C204 before Magistrate Judge Kristen L. Mix. Proposed Pretrial Order due by 5/15/2014. By Magistrate Judge Kristen L. Mix on 10/29/13.(mnfsl, )
October 18, 2013 Opinion or Order Filing 285 ORDER granting 283 Unopposed Motion for Leave to Amend Complaint. The Clerk of the Court shall accept Movant's Proposed Amended Complaint [#283-1] for filing as of the date of this Order. By Magistrate Judge Kristen L. Mix on 10/18/13.(mnfsl, )
October 1, 2013 Opinion or Order Filing 279 MINUTE ORDER granting 275 Unopposed Motion For Stay and Request for Expedited Ruling. This case is stayed pending Congress' approval of agency appropriations. All deadlines in this case that occur during the government shutdown are extended to after the shutdown, each for the same number of days as the duration of the government shutdown. By Magistrate Judge Kristen L. Mix on 10/1/13.(mnfsl, )
August 26, 2013 Opinion or Order Filing 267 MINUTE ORDER granting in part 265 Defendant's Unopposed Motion to Amend Scheduling Order to Extend Dispositive Motions Deadline and Re-set Final Pretrial Conference. Dispositive Motions due by 11/15/2013. Final Pretrial Conference set for 1/29/2014 at 10:00 AM in Courtroom C204 before Magistrate Judge Kristen L. Mix. Proposed Pretrial Order due by 1/22/2014. By Magistrate Judge Kristen L. Mix on 8/26/13.(mnfsl, )
August 15, 2013 Opinion or Order Filing 262 MINUTE ORDER granting 254 Unopposed Motion for Leave to Intervene as Party Plaintiffs. The Clerk of Court is instructed to accept Plaintiffs-Intervenors' Amended Complaint in Intervention and Jury Demand [#254-1] for filing as of the date of this Minute Order. By Magistrate Judge Kristen L. Mix on 8/15/13.(mnfsl, )
July 1, 2013 Opinion or Order Filing 243 ORDER granting in part and denying in part 230 Defendant's Motion for Leave to Designate Additional Expert Witnesses, or in the Alternative, to Strike Plaintiff's Expert Witness Keith Koontz. Section 4 of Mr. Koontz's rebuttal expe rt report is stricken. Mr. Koontz is not permitted to testify regarding that portion of his report at trial. The 128 Scheduling Order is hereby amended to allow Defendant to file one supplemental expert report as specified above, if needed, on or before 7/22/2013. By Magistrate Judge Kristen L. Mix on 7/1/13.(mnfsl, )
April 4, 2013 Opinion or Order Filing 235 MINUTE ORDER granting 233 Unopposed Motion for Leave to Intervene as Party Plaintiffs. The Clerk of Court is instructed to accept Plaintiffs- Intervenors Complaint in Intervention and Jury Demand [#233-1] for filing as of the date of this Minute Order. By Magistrate Judge Kristen L. Mix on 4/4/13.(mnfsl, )
January 6, 2013 Opinion or Order Filing 205 MINUTE ORDER granting 203 Joint Motion to Amend the Scheduling Order to Extend the Discovery Cut-off and Dispositive Motions Deadline. Discovery due by 3/15/2013. Dispositive Motions due by 4/12/2013. Final Pretrial Conference set for 6/20/2013 at 10:00 AM in Courtroom C204 before Magistrate Judge Kristen L. Mix. Proposed Pretrial Order due by 6/14/2013. By Magistrate Judge Kristen L. Mix on 1/6/13.(mnfsl, )
October 12, 2012 Opinion or Order Filing 195 MINUTE ORDER granting 193 Joint Motion to Amend Scheduling Order to Extend the Discovery Cutoff and Related Deadlines. Discovery due by 2/1/2013. Dispositive Motions due by 3/1/2013. Final Pretrial Conference reset for 5/23/2013 at 10:00 AM in Courtroom C204 before Magistrate Judge Kristen L. Mix. Proposed Pretrial Order due by 5/17/2013. By Magistrate Judge Kristen L. Mix on 10/12/12.(mnfsl, )
September 12, 2012 Opinion or Order Filing 191 MINUTE ORDER granting 189 Unopposed Motion to Amend Scheduling Order to Extend All Expert Deadlines. Affirmative Expert Designation Deadline extended to 10/29/2012. Rebuttal Expert Designation Deadline is 11/26/2012. By Magistrate Judge Kristen L. Mix on 9/12/12.(mnfsl, )
July 10, 2012 Opinion or Order Filing 183 MINUTE ORDER granting 181 Joint Motion to Amend Scheduling Order to Extend Deadlines. Expert Witness Designations due by 9/28/2012. Rebuttal Expert Designations due by 10/26/2012. Discovery due by 12/21/2012. Dispositive Motions due by 1/25/2013. Final Pretrial Conference reset for 4/16/2013 at 10:30 AM in Courtroom C204 before Magistrate Judge Kristen L. Mix. Proposed Pretrial Order due by 4/11/2013. By Magistrate Judge Kristen L. Mix on 7/10/12.(mnfsl, )
March 20, 2012 Opinion or Order Filing 174 ORDER denying 169 Defendant's Renewed Motion for Protective Order to Sequester Deponents and/or Motion for Reconsideration of 2/15/12 Telephone Ruling. By Magistrate Judge Kristen L. Mix on 3/20/12.(mnfsl, )
January 31, 2012 Opinion or Order Filing 157 MINUTE ORDER granting 155 Defendant's Unopposed Motion to File Amended Answers to Document Nos. 1, 40, 61, 132 and 137. The Clerk of Court is directed to enter the Amended Answers attached to Docket No. 155. By Magistrate Judge Kristen L. Mix on 1/31/12.(mnfsl, )
December 28, 2011 Opinion or Order Filing 152 ORDER granting in part and denying in part 149 Motion for Reconsideration re 148 Order by Magistrate Judge Kristen L. Mix on 12/28/11.(pabcd)
December 16, 2011 Opinion or Order Filing 148 ORDER Regarding Phase I Discovery. By Magistrate Judge Kristen L. Mix on 12/16/11. (cmacd )
November 8, 2011 Opinion or Order Filing 136 MINUTE ORDER. Plaintiffs-Intervenors Fartun Adan, et al.'s 134 Unopposed Motion to Correct Error is granted. The case caption of the 109 Complaint in Intervention filed by the Fartun Adan, et al., Plaintiffs-Intervenors is amended to replac e Mohamed A. Hirsi with Abdi Mohamed Hirsi as a Plaintiff-Intervenor. Omar A. Muse and Abdulkadir H. Nur's 133 Unopposed Motion for Leave to Intervene as Party Plaintiffs is granted. The Clerk of Court is instructed to accept 133 -1 Amended Complaint in Intervention and Jury Demand and accompanying 133 -2, 133 -3 Exhibits for filing as of the date of this Minute Order. By Magistrate Judge Kristen L. Mix on 11/8/11.(mnfsl, )
November 4, 2011 Opinion or Order Filing 131 MINUTE ORDER granting 129 Unopposed Motion for Leave to Intervene as Party Plaintiffs. The Clerk of Court is instructed to accept Plaintiffs-Intervenors' 129 -1 Complaint in Intervention and Jury Demand for filing as of the date of this Minute Order. By Magistrate Judge Kristen L. Mix on 11/4/11.(mnfsl, )
August 8, 2011 Opinion or Order Filing 116 ORDER granting in part and denying in part 28 EEOC's motion to bifurcate the trial. By Judge Philip A. Brimmer on 8/8/11.(mnf, )
August 4, 2011 Opinion or Order Filing 115 ORDER denying 64 Defendant's Motion to Dismiss Amended Complaint in Intervention (Abade, et al.) pursuant to Docket No. 99 and this order. By Judge Philip A. Brimmer on 8/4/11.(mnfsl, )
July 12, 2011 Opinion or Order Filing 108 ORDER granting 95 Opposed Motion for Leave to Intervene as Party Plaintiffs. The Clerk is instructed to accept Plaintiffs-Intervenors' 95 -1 Complaint in Intervention for filing as of the date of this Order. Defendant shall answer or otherwise respond on or before 7/25/2011. By Magistrate Judge Kristen L. Mix on 7/12/11.(mnf, )
June 14, 2011 Opinion or Order Filing 102 MINUTE ENTRY for proceedings held before Judge Philip A. Brimmer: Motion Hearing held on 6/14/2011. Taking under advisement 28 Plaintiff Equal Employment Opportunity Commissions's Motion for Bifurcation. (Court Reporter: Janet Coppock) (mjwcd)
June 9, 2011 Opinion or Order Filing 99 ORDER ON MOTIONS TO DISMISS. Defendant's 12 Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1), 12(b)(6), 12(b)(7) and 19 is denied. Defendant's 52 Motion to Dismiss Complaint in Intervention is denied in part and granted in part. The Abdulle intervenors' claims based on discrete acts of discrimination occurring more than 300 days before they filed their charges with the EEOC are dismissed. The Abdulle intervenors remaining claims are not dismissed. Defendant's 64 Motion to Dismiss Amended Complaint in Intervention (Abade, et al.) is denied in part and taken under advisement in part. On or before 6/30/2011, the Abade intervenors shall file a brief no longer than ten pages detailing which intervenors did not fi le charges. For each of these intervenors, the brief shall summarize the factual allegations underlying his or her claim and attach a properly exhausted charge upon which the intervenor proposes to piggyback. By Judge Philip A. Brimmer on 6/9/11.(mnf, )
May 16, 2011 Opinion or Order Filing 91 MINUTE ORDER granting 88 Plaintiffs-Intervenors Iraq Abade, et al. and Plaintiffs-Intervenors Maryan Abdulle, et al.'s Joint Motion to Amend Captions of Complaints in Intervention and Jury Demand. The case caption of the 61 Amended Complaint in Intervention filed by the Iraq Abade Plaintiffs-Intervenors is amended to replace Amino Nur Gure with Amino Nur Galaal as a Plaintiff-Intervenor. The case caption of the 40 Complaint in Intervention filed by the Maryan Abdulle Plaintiffs-Intervenors is amended to replace Abdirhishid Hussein with Abdirashid Hussein as a Plaintiff-Intervenor. By Magistrate Judge Kristen L. Mix on 5/16/11.(mnf, )
February 7, 2011 Opinion or Order Filing 75 STIPULATED PROTECTIVE ORDER, by Magistrate Judge Kristen L. Mix on 2/7/11. (klmcd )
January 26, 2011 Opinion or Order Filing 65 MINUTE ORDER denying as moot 38 Defendant's Motion to Dismiss the Complaint in Intervention of plaintiffs-intervenors Iraq Abade, et al., by Judge Philip A. Brimmer on 1/26/11.(mnf, )
January 10, 2011 Opinion or Order Filing 60 MINUTE ORDER granting 55 Plaintiffs-Intervenors' Motion to Amend Complaint Pursuant to Fed. R. Civ. P. 15(a). The 55 -1 Amended Complaint in Intervention is accepted for filing as of today's date. Defendant shall answer or otherwise respond to the Amended Complaint in Intervention on or before 1/25/2011, by Magistrate Judge Kristen L. Mix on 1/10/11.(mnf, )
November 29, 2010 Opinion or Order Filing 37 MINUTE ORDER granting 30 Uncontested Motion for Leave to Intervene as Party Plaintiffs. The Clerk is instructed to accept Plaintiffs-Intervenors' Complaint in Intervention [Docket No. 30-1] for filing as of the date of this Minute Order, by Magistrate Judge Kristen L. Mix on 11/29/10.(ebs, )
November 2, 2010 Opinion or Order Filing 16 Minute ORDER granting 9 Motion for Leave to Intervene as Party Plaintiffs. ORDERED that the Clerk is instructed to accept Plaintiffs Intervenors Complaint in Intervention for filing as of the date of this Minute Order by Magistrate Judge Kristen L. Mix on 11/02/10.(jjh, )
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Plaintiff: Equal Employment Opportunity Commission
Represented By: Stephanie Struble
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Defendant: JBS USA, LLC
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