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Supreme Court of the United States ------♦ ------ERIC L No. 09-291 ================================================================ In The Supreme Court of the United States --------------------------------- ♦ --------------------------------- ERIC L. THOMPSON, Petitioner, v. NORTH AMERICAN STAINLESS, LP, Respondent. --------------------------------- ♦ --------------------------------- On Writ Of Certiorari To The United States Court Of Appeals For The Sixth Circuit --------------------------------- ♦ --------------------------------- JOINT APPENDIX --------------------------------- ♦ --------------------------------- ERIC SCHNAPPER* LEIGH GROSS LATHEROW* School of Law GREGORY L. MONGE University of Washington WILLIAM H. JONES, JR. P.O. Box 353020 KERI E. LUCAS Seattle, WA 98195 VANANTWERP, MONGE, JONES, (206) 616-3167 EDWARDS & MCCANN, LLP [email protected] 1544 Winchester Avenue, Fifth Floor DAVID O’BRIEN SUETHOLZ P.O. Box 1111 3666 S. Property Rd. Ashland, KY 41105 Eminence, KY 40019 (606) 329-2929 (859) 466-4317 [email protected] LISA S. BLATT Of Counsel: ANTHONY FRANZE ARNOLD & PORTER LLP NATHANIEL K. ADAMS 555 Twelfth St., N.W. General Counsel Washington, D.C. 20004 NORTH AMERICAN STAINLESS (202) 942-5842 6870 Highway 42 East Ghent, KY 41045 Counsel for Petitioner Counsel for Respondent *Counsel of Record *Counsel of Record ================================================================ Petition For Certiorari Filed September 3, 2009 Certiorari Granted June 29, 2010 ================================================================ COCKLE LAW BRIEF PRINTING CO. (800) 225-6964 OR CALL COLLECT (402) 342-2831 i TABLE OF CONTENTS Page Relevant Docket Entries from the United States District Court for the Eastern District of Kentucky, No. 3:05-cv-00002-KKC ............... 1 Relevant Docket Entries from the United States Court of Appeals for the Sixth Circuit, No. 07-5040 ....................................................... 6 Complaint, Dist. Ct. Dkt. No. 1 (filed Jan. 27, 2005) ................................................................. 10 Miriam Regalado EEOC Notice of Charge of Discrimination, Exhibit A to Motion for Summary Judgment by North American Stainless, Dist. Ct. Dkt. No. 12-5 (filed Apr. 3, 2006) ................................................................. 16 Dismissal and Notice of Rights, Exhibit B to Motion for Summary Judgment by North American Stainless, Dist. Ct. Dkt. No. 12-9 (filed Apr. 3, 2006) ............................................ 19 Memorandum from Eric Thompson to Chris Fuentes, Exhibit C to Motion for Summary Judgment by North American Stainless, Dist. Ct. Dkt. No. 12-6 (filed Apr. 3, 2006) ............... 22 The following opinions, judgments, and orders have been omitted in printing this joint appendix because they appear on the following pages in the appendix to the Petition for Certiorari: Opinion and Order of the District Court for the Eastern District of Kentucky, June 20, 2006 ....... 95a ii TABLE OF CONTENTS – Continued Page Opinion and Order of the District Court for the Eastern District of Kentucky, December 18, 2006 ....................................................................... 91a Opinion of the Court of Appeals for the Sixth Circuit, March 31, 2008 ........................................ 64a Opinion of the Court of Appeals for the Sixth Circuit, June 5, 2009 (en banc) ............................... 1a 1 RELEVANT DOCKET ENTRIES FOR THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF KENTUCKY Date Filed No. Docket Text 01/27/2005 1 COMPLAINT 1 summons issued with copy (Filing fee $150; receipt number 114506), filed by Eric L. Thompson. (Attachments: # 1 Civil Cover Sheet, Case Assignment, Receipt & Summons) (CBD) (Entered: 01/27/2005) * * * 02/15/2005 4 ANSWER to Complaint with JURY DEMAND by North American Stain- less, FLP. (CBD) (Entered: 02/15/2005) * * * 04/03/2006 12 MOTION for Summary Judgment by North American Stainless, FLP (Attachments: # 1 Memorandum in Support # 2 Proposed Order # 3 Exhibit Unpublished Opinion Bell v. Safety # 4 Exhibit A – M. Regalado EEOC Notice of Charge of Discrim- ination # 5 Exhibit C – Thompson Memorandum to Fuentes # 6 Ap- pendix IA – Regalado Deposition Transcript Excerpts # 7 Appendix IB – Thompson Deposition Transcript Excerpts # 8 Exhibit B – M. Rega- lado EEOC Notice of Dismissal and Rights) (Latherow, Leigh) Modified 2 description of Exhibit B-M. Regalado EEOC Notice of Dismissal and Rights on 4/3/2006 (Ratliff, Kay). (Entered: 04/03/2006) * * * 04/25/2006 15 RESPONSE in Opposition re 12 MOTION for Summary Judgment by North American Stainless, FLP filed by Eric L. Thompson. (Attach- ments: # 1 Proposed Order) (Suetholz, David) Additional attachment: Cor- rected Memo added on 4/26/2006 (Dearborn, Christy). Additional attach- ments: Exhibits, Depos, & Proposed Order added on 4/27/2006 (Dear- born, Christy). (Entered: 04/25/2006) 04/26/2006 16 NOTICE OF FILING by Eric L. Thompson re 15 Response in Oppo- sition to Motion, Attachments (Attachments: # 1 Exhibit Exhibits # 2 Exhibit Deposition # 3 Exhibit Deposition # 4 Exhibit Deposition # 5 Exhibit Deposition # 6 Exhibit Deposition # 7 Exhibit Deposition # 8 Exhibit Deposition # 9 Exhibit Deposition # 10 Exhibit Deposition # 11 Exhibit Case Law # 12 Pro- posed Order Order) (Suetholz, David) (Entered: 04/26/2006) * * * 3 05/09/2006 20 REPLY to Response to Motion re 12 MOTION for Summary Judgment by North American Stainless, FLP filed by North American Stainless, FLP. (Attachments: # 1 Exhibit 1 – Regalado Dismissal and Notice of Rights # 2 Exhibit 2 – Regalado Charge of Discrimination # 3 Exhib- it 3 – Thompson Charge of Discrim- ination # 4 Exhibit 4 – Thompson depo. p.155) (CBD) (Entered: 05/18/2006) * * * 06/20/2006 27 OPINION AND ORDER: dft’s Mo- tion for Summary Judgment 12 is GRANTED and action is STRICK- EN . Signed by Judge Karen K. Caldwell. (CBD)cc: COR, Diary (Entered: 06/21/2006) 06/20/2006 28 JUDGMENT: 1) dft’s Motion for Summary Judgment 12 GRANTED 2) judgment is FINAL & APPEAL- ABLE 3) matter STRICKEN from active docket. Signed by Judge Karen K. Caldwell. (CBD)cc: COR (Entered: 06/21/2006) 4 06/30/2006 29 MOTION to Amend/Correct it’s Or- der 27 dated 6/21/2006 by Eric L. Thompson (Attachments: # 1 Pro- posed Order to Alter or Amend # 2 Memorandum in Support of Plain- tiff ’s Motion to Alter or Amend # 3 Case Law)(Suetholz, David) Modi- fied text by adding “it’s Order dated 6/21/2006” & link to Order 27 on 7/3/2006 (Dearborn, Christy). (En- tered: 06/30/2006) 07/10/2006 30 RESPONSE to 29 Plaintiff ’s Motion to Amend filed by North American Stainless, FLP. (Latherow, Leigh) (Entered: 07/10/2006) 12/18/2006 31 OPINION AND ORDER: Court ORDERS that plaintiff ’s Motion to Alter or Amend 29 is DENIED. Signed by Judge Karen K. Caldwell. (CBD)cc: COR (Entered: 12/18/2006) * * * 04/01/2008 35 INFORMATION COPY OF OPIN- ION & JUDGMENT of USCA as to 32 Notice of Appeal filed by Eric L. Thompson: judgment of district court is REVERSED (Attachments: # 1 Judgment) (CBD) (Entered: 04/01/2008) 5 06/05/2009 36 INFORMATION COPY OF OPIN- ION AND JUDGMENT of USCA as to 32 Notice of Appeal filed by Eric L. Thompson Appeal the judgment of the district court granting sum- mary judgment in favor of defend- ant North American Stainless, LP is AFFIRMED (Attachments: # 1 Judg- ment) (CBD) (Additional attachment(s) added on 6/10/2009: # 2 Corrected Page No. 1) (CBD). (Entered: 06/05/2009) 6 RELEVANT DOCKET ENTRIES FOR THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Date Filed Docket Text 01/11/2007 Civil Case Docketed. Notice filed by Appellant Eric L. Thompson. Tran- script needed: (AC) * * * 03/07/2007 PROOF BRIEF filed by Joseph D. Wibbels and David O’Brien Suetholz for Appellant Eric L. Thompson. Certificate of service date 3/6/07 . [07-5040] (AC) * * * 04/10/2007 PROOF BRIEF filed by Gregory L. Monge and Leigh G. Latherow for Ap- pellee North Amer Stainless. Certificate of service date 4/9/07. [07-5040] (AC) * * * 05/07/2007 PROOF REPLY BRIEF filed by David O’Brien Suetholz and Joseph D. Wibbels for Appellant Eric L. Thomp- son. Certificate of service date 5/3/07. [07-5040] Final reply brief due 5/31/07 [07-5040] (LMN) * * * 05/11/2007 APPENDIX filed by David O’Brien Suetholz for parties. Copies: 5. Certifi- cate of service date 5/10/07 [07-5040] (RECEIVED 25 ADDITIONAL COPIES 7 ON 9/4/08) – [Edited 09/10/2008 by AC] (AC) * * * 05/25/2007 FINAL BRIEF filed by Joseph D. Wibbels and David O’Brien Suetholz for Appellant Eric L. Thompson. Copies: 7. Certificate of service date 5/24/07 Argu- ment Request: require. [07-5040] (RE- CEIVED ADD’L 25 COPIES ON 9/4/08) – [Edited 09/10/2008 by AC] (AC) 05/25/2007 FINAL REPLY BRIEF filed by Joseph D. Wibbels and David O’Brien Suetholz for Appellant Eric L. Thompson. Cop- ies: 7 Certificate of service date 5/24/07 . [07-5040] (RECEIVED ADDITIONAL 25 COPIES ON 10/16/08) – [Edited 10/16/2008 by AC] – [Edited 10/16/2008 by AC] (AC) 06/01/2007 FINAL BRIEF filed by Gregory L. Monge and Leigh G. Latherow for Appellee North Amer Stainless. Copies: 7. Certificate of service date 5/31/07. Argument Request: require. [07-5040] (RECEIVED 25 ADD’L COPIES ON 10/3/08) – [Edited 10/03/2008 by AC] (AC) * * * 03/31/2008 OPINION filed: REVERSED; decision for publication pursuant to local rule 206. Karen Nelson Moore and Richard Allen Griffin, (DISSENTING) Circuit 8 Judges and Arthur J. Tarnow (AU- THORING), U.S. District Judge. (DA) * * * 07/28/2008 ORDER filed granting petition for en banc rehearing [3760020-2] filed by Ms. Leigh Gross Latherow for North American Stainless, FLP to reinstate case. The previous decision and judg- ment of this court is vacated, the mandate is stayed. Danny J. Boggs, Chief Circuit Judge; Boyce F. Martin, Jr., Alice M. Batchelder, Martha Craig Daughtrey, Karen Nelson Moore, R. Guy Cole, Jr., Eric L. Clay, Ronald Lee Gilman, Julia Smith Gibbons, John M. Rogers, Jeffrey S. Sutton, Deborah L. Cook, David W. McKeague, Richard Allen Griffin, Raymond M. Kethledge, Circuit Judges. (BLH) * * * 09/04/2008 SUPPLEMENTAL BRIEF filed by Attorney Mr. David O’Brien Suetholz for Appellant Eric L. Thompson. Cop- ies: 25. Certificate of Service: 09/03/2008.
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