IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, v. UMB FINANCIAL CORPORATION d/b/a UMB BANK,
Defendant.

) ) ) ) ) CIVIL ACTION NO. ) 04-1084-CV-W-HFS ) ) COMPLAINT ) ) ) JURY TRIAL DEMAND )

NATURE OF THE ACTION This is an action under Title I of the Americans with Disabilities Act of 1990 and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of disability and to provide appropriate relief to Rodney Graves who was adversely affected by such practices. The Commission alleges that UMB Financial Corporation failed and refused to hire Graves because of his disability.
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 107(a) of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. § 12117(a), which incorporates by reference Sections 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. §§ 2000e-5(f)(1) and (3), and pursuant to Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.

2. The employment practices alleged to be unlawful were being committed within the jurisdiction of the United States District Court for the Western District of Missouri.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title I of the ADA and is expressly authorized to bring this action by Section 107(a) of the ADA, 42 U.S.C. § 12117(a), which incorporates by reference Sections 706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1). 4. At all relevant times, Defendant, UMB Financial Corporation, has continuously been an Ohio corporation doing business in the State of Missouri and the City of Kansas City, and has continuously had at least fifteen employees. 5. At all relevant times, Defendant has continuously been an employer engaged in an industry affecting commerce under Section 101(5) of the ADA, 42 U.S.C.§ 12111(5), and Section 101(7) of the ADA, 42 U.S.C. § 12111(7), which incorporates by reference Sections 701(g) and (h) of Title VII, 42 U.S.C. §§ 2000e(g) and (h). 6. At all relevant times, Defendant has been a covered entity under Section 101(2) of the ADA, 42 U.S.C. § 12111(2).
STATEMENT OF CLAIMS 7. More than thirty days prior to the institution of this lawsuit, Rodney Graves filed a charge with the Commission alleging violations of Title I of the ADA by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled.
2

8. Since at least January 2001, Defendant has engaged in unlawful employment practices at its facility in Kansas City, Missouri, in violation of Section 102(a) of Title I of the ADA, 42 U.S.C. §12112(a). Defendant failed and refused to hire Graves because of his disability, quadriplegia.
9. The effect of the practices complained of in paragraph 8 above has been to deprive Rodney Graves of equal employment opportunities and otherwise adversely affect his status as an employee, because of his disability.
10. The unlawful employment practices complained of in paragraph 8 above were intentional.
11. The unlawful employment practices complained of in paragraph 8 above were done with malice or with reckless indifference to the federally protected rights of Rodney Graves.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court:
A. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns, and all persons in active concert or participation with it, from discharging employees because of disability or engaging in any other employment practice which discriminates on the basis of disability.
B. Order Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for qualified individuals with disabilities, and which eradicate the effects of its past and present unlawful employment practices.
3

C. Order Defendant to make whole Rodney Graves by providing appropriate backpay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including, but not limited to, instatement.
D. Order Defendant to make whole the Rodney Graves by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 8 above, including reimbursement for medical expenses, in amounts to be determined at trial.
E. Order Defendant to make whole the Rodney Graves by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 8 above, including emotional pain, suffering, inconvenience, loss of enjoyment of life, and humiliation, in amounts to be determined at trial.
F. Order Defendant to pay punitive damages to Rodney Graves for its malicious and reckless conduct, as described in paragraph 8 above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
H. Award the Commission its costs of this action. JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint.
4

Respectfully submitted, ERIC S. DREIBAND General Counsel JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel
/s/ Robert G. Johnson ROBERT G. JOHNSON Regional Attorney
/s/ Barbara A. Seely BARBARA A. SEELY #10607 Supervisory Trial Attorney
/s/ Jan Shelly JAN SHELLY Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION St. Louis District Office Robert A. Young Federal Bldg. 1222 Spruce, Room 8.100 St. Louis, MO 63103 (314) 539-7918
5

6

 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

and RODNEY GRAVES,

)

)

Plaintiffs,

)

)

vs.

)

)

UMB FINANCIAL CORPORATION, )

d/b/a UMB BANK,

)

(Serve Registered Agent:

)

John C. Pauls

)

1010 Grand Blvd.

)

Kansas City, MO 64141-9946),

)

)

and

)

)

UMB BANK, N.A.,

)

(Serve Registered Agent:

)

John C. Pauls

)

1010 Grand Blvd.

)

Kansas City, MO 64141-9946),

)

)

Defendants.

)

Case No.: 04-1084-CV-W-HFS WITH JURY DEMAND

COMPLAINT

Plaintiff Rodney Graves (Plaintiff) states the following as his causes of action against

Defendants UMB Financial Corporation d/b/a UMB Bank and UMB Bank, N.A.

JURISDICTION AND VENUE

1. Plaintiff is an individual who resides in Kansas City, Jackson County, Missouri.

2. Defendant UMB Financial Corporation d/b/a UMB Bank is a corporation organized

under the laws of the State of Missouri who transacts business in the State of Missouri.

3. Defendant UMB Bank, N.A. is a corporation organized under the laws of the State

of Missouri who transacts business in the State of Missouri. 4. Plaintiff asserts these claims pursuant to the Americans with Disabilities Act (ADA),
42 U.S.C. § 12101, et seq., and the Missouri Human Rights Act at § 213.010 et seq., of the Missouri Revised Statutes. Plaintiff invokes the jurisdiction of the Court pursuant to 28 U.S.C. § 1331 and the doctrine of pendent jurisdiction.
5. Venue is proper because Defendants reside in the Western District of Missouri within the meaning of 28 § 1391 (b) and (c) and because the discriminatory actions occurred in Kansas City, Jackson County, Missouri in the Western District of Missouri.
6. Plaintiff filed a timely Charge of Discrimination with the Equal Employment Opportunity Commission and with the Missouri Commission of Human Rights alleging that Defendants engaged in discriminatory actions that are being raised in this lawsuit, or alternatively, the allegations of Plaintiff’s lawsuit would have arisen from the investigation of Plaintiff’s Charge of Discrimination.
7. Right-to-sue letters have been issued from the Equal Employment Opportunity Commission and from the Missouri Commission on Human Rights and this action is being brought within ninety (90) days from the issuance of such right-to-sue letters.
8. Plaintiff has fulfilled all conditions precedent to the bringing of this claim and has duly exhausted all administrative procedures in accordance with the law prior to instituting this lawsuit.
COUNT I VIOLATIONS OF THE AMERICANS WITH DISABILITIES ACT 9. Plaintiff incorporates by reference the allegations contained in paragraphs 1-8 into
2

Count I of his Complaint. 10. Plaintiff is quadriplegic and suffers from a disability, was perceived as suffering from
a disability, and has a record of a disability, all within the meaning of the ADA and its accompanying regulations. Plaintiff had, presently has, and was perceived and/or regarded to have a physical impairment which substantially limits one or more of life’s major life activities.
11. Plaintiff applied for a position as a Customer Service/Sales Representative with Defendants beginning in May 2002.
12. Plaintiff was able to perform the essential functions of the Customer Service/Sales Representative position with reasonable accommodation or without any accommodation.
13. Instead of hiring Plaintiff as a Customer Service/Sales Representative, Defendants informed Plaintiff that Defendants believed Plaintiff should apply for a position in Defendants’ Service Department, rather than Defendants’ Sales Department.
14. On December 3, 2002, Plaintiff learned that Defendants chose not to hire Plaintiff for any position with Defendants.
15. Defendants did not hire Plaintiff for a Customer Service/Sales Representative position or any other position for which he was qualified because of his disability, his perceived disability, and/or his record of disability and instead hired other non-disabled individuals.
16. Defendants’ employees and management were acting within the course and scope of their employment at all relevant times herein.
17. As a direct result of the discriminatory and unlawful acts of Defendants, Plaintiff has been caused to suffer and sustain damages, including, but not limited to, loss of past and future wages and benefits, emotional distress, humiliation and suffering, mental anguish, a detrimental
3

employment record, and other non-pecuniary losses. 18. The conduct of Defendants, through its employees and agents, was intentional,
malicious, in conscious disregard for the rights of Plaintiff and others similarly situated, and reflected a conscious indifference to Plaintiff’s federally protected rights, entitling Plaintiff to an award of punitive damages.
19. Plaintiff is entitled to recover all of his costs, expenses, expert witness fees, and attorneys’ fees incurred in this matter as well as other appropriate equitable relief.
WHEREFORE, Plaintiff prays for judgment against the Defendants for actual damages, compensatory damages, and punitive damages, all costs, expenses, expert witness fees and attorneys’ fees incurred herein, reinstatement, appropriate equitable relief, for interest at the highest lawful rate, and for such other relief as the Court deems just and proper.
COUNT II VIOLATIONS OF THE MISSOURI HUMAN RIGHTS ACT 20. Plaintiff incorporates by reference the allegations contained in paragraphs 1-19 into Count II of his Complaint. 21. Plaintiff is handicapped, was regarded as and had a record of a handicap, within the meaning of the Missouri Human Rights Act, Mo. Rev. Stat. § 213.055. 22. Defendants’ actions as alleged in Count I also constitute violations of Mo. Rev. Stat. § 213.055. 23. As a direct result of the discriminatory and unlawful acts of Defendants, Plaintiff has been caused to suffer and sustain damages, including, but not limited to, loss of past and future wages and benefits, emotional distress, humiliation and suffering, mental anguish, a detrimental
4

employment record, and other non-pecuniary losses.
24. The conduct of the Defendants, through its employees and agents, was intentional,
malicious, in conscious disregard for the rights of Plaintiff and others similarly situated, and reflected
a conscious indifference to Plaintiff’s federally protected rights, entitling Plaintiff to an award of
punitive damages.
25. Plaintiff is entitled to recover all of his costs, expenses, expert witness fees, and
attorneys’ fees incurred in this matter as well as other appropriate equitable relief.
WHEREFORE, Plaintiff prays for judgment against Defendants for actual, compensatory
damages, and punitive damages, all costs, expenses, expert witness fees and attorneys’ fees incurred
herein, reinstatement, appropriate equitable relief, for interest at the highest lawful rate, and for such
other relief as the Court deems just and proper.
DEMAND FOR JURY TRIAL Plaintiff hereby demands a trial by jury on all of the allegations contained in this Complaint
that are triable before a jury.
BRATCHER & GOCKEL, L. C. By s/Kristi L. Kingston
Kristi L. Kingston, Mo. Bar #46529 Lynne Jaben Bratcher, Mo. Bar #31203 Marie L. Gockel, Mo. Bar #31208 1610 City Center Square 1100 Main Street P.O. Box 26156 Kansas City, MO 64196-6156 Telephone: (816) 221-1614 Facsimile: (816) 421-5910
ATTORNEYS FOR PLAINTIFF GRAVES
5

I hereby certify that a true and correct copy of the foregoing was electronically filed and mailed this 3rd day of December, 2004, to the following: Eric S. Dreiband, General Counsel James L. Lee, Deputy General Counsel Gwendolyn Young Reams, Associate General Counsel Robert G. Johnson, Regional Attorney Barbara A. Seely, Supervisory Trial Attorney Jan Shelly, Senior Trial Attorney Equal Employment Opportunity Commission St. Louis District Office Robert A. Young Federal Building 1222 Spruce, Room 8.100 St. Louis, MO 63103 s/Kristi L. Kingston Attorney for Plaintiff Graves
6

 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

and

)

)

RODNEY GRAVES,

)

)

Plaintiff-Intervenor )

)

vs.

)

)

)

UMB BANK,

N.A.,

)

Defendant.

)

Case No. 04-1084-CV-W-GAF )

ORDER

Presently before the Court is a Motion for Partial Summary Judgment, filed pursuant to Fed. R.

Civ. P. 56(c) (“Rule 56(c)”) by Plaintiff, Equal Employment Opportunity Commission (the “EEOC”).

(Doc. #61). The EEOC moves the Court for summary judgment on the issue of whether it made a good

faith effort to conciliate Plaintiff-Intervenor Rodney Graves’ (“Graves”) charge of employment

discrimination as required under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq (“Title

VII”). Id. The EEOC argues that it is entitled to summary judgment on this issue because the undisputed

facts establish that it made a good faith effort to conciliate Graves’ charge of discrimination. Id. Defendant,

UMB Bank, N.A. (“UMB”) opposes this Motion, arguing that partial summary judgment should not be

granted because the EEOC did not make a good faith effort to conciliate Graves’ charge of employment

discrimination before filing suit. (Doc. #73). Having reviewed the evidence submitted by the parties, the

EEOC’s Motion is DENIED and this case is STAYED for a period of sixty (60) days from the date of this Order.
DISCUSSION I. Facts
This case arises from the EEOC’s allegations that UMB discriminated against Graves in violation of the Americans with Disabilities Act (“ADA”) by refusing to hire him for a Customer Service Representative1 position based on his disability2. (Doc. #1). In its complaint, the EEOC asserts that “all conditions precedent to the institution of this lawsuit have been fulfilled.” Id. UMB denied this averment in its answer. (Doc. #7). The issue presented in the instant Motion is whether the EEOC engaged in good faith efforts to conciliate Graves’ charge of employment discrimination prior to filing suit, as required by Title VII, 42 U.S.C. § 2000(e)-5(b). (Doc. #61-1).
Graves filed his charge of discrimination on April 8, 2003. (Doc. #73-1). On April 21, 2003, UMB submitted a timely response to the charge. (Bretches Depo. 25: 3-24). Based on UMB’s response, EEOC investigator Mark Bretches (“Bretches”) was aware that UMB’s position was that it did not hire Graves because he was not able to perform the essential functions of the job for which he applied. (Bretches Depo. 30:1-6). Bretches also understood UMB’s position to be that Graves discussed his need for voice recognition software in order to perform the Customer Service Representative job, but that voice recognition software was not a viable accommodation. (Bretches Depo. 27: 11-30:6). Conversely,
1The Customer Service Representative is required to talk on the telephone to customers and simultaneously use a computer. (Doc. #61-10, #61-13).
2Graves is a quadriplegic. (Doc. #73-3) 2

Bretches understood Graves’ position to be that he did not need voice recognition software to perform the Customer Service Representative job. (Bretches Depo. 35:16-23).
On March 24, 2004, Bretches left a voicemail for UMB Human Resources Officer Shannon Andresen-Johnson (“Andresen-Johnson”), stating that the EEOC found reasonable cause to believe that Graves had been discriminated against by UMB on the basis ofdisability. (Andresen-Johnson Depo. 36:913). On March 25, 2004, a teleconference took place between Bretches, Andresen-Johnson, UMB Corporate Counsel Peter Granat (“Granat”), and UMB Senior Vice President of Employee Relations James Rawlings (“Rawlings”). (Doc. #73-5). During this teleconference, Bretches explained that it was Graves’ position that he did not need voice recognition software. (Andresen-Johnson Depo. 37:5-9). UMB informed Bretches that this was the first UMB had learnedofGraves’ contentionthat he did not need voice recognition software to do the job. (Andresen-Johnson Depo. 36:7-38:13; 42: 10-18; Doc. #73-5). Bretches explained that UMB would have the opportunity to discuss this concern during the conciliation process. (Andresen-Johnson Depo. 43: 10-25; 152:8-153:1; 160:24-161:4; Doc. #73-5). Granat and Andresen-Johnson requested a meeting with Bretches and Graves regarding the issue of voice recognition software. (Andresen-Johnson Depo. 37:12-38:18). Bretches indicated that he would look into whether a meeting would be an option. Id.
On April 14, 2004, the EEOC issued a Letter of Determination, in which it stated that “[t]he evidence obtained during the investigation establishes violations of the ADA in that Respondent failed to hire Charging Party because of his disability.” (Doc. #61-2). In its Letter of Determination, the EEOC invited UMB to resolve the matter by informal methods of conciliation. Id. On June 11, 2004, UMB’s Vice President of Human Resources, Sharmyn Calhoun (“Calhoun”) sent an e-mail to Bretches, in which
3

Calhoun wrote that UMB “[w]ould welcome the opportunity to conciliate this matter with the [EEOC] and
Mr. Graves.” (Doc. #61-7).
Sometime shortly thereafter, Granat spoke with Bretches by telephone to discuss the EEOC’s
findings and the conciliation process. (Doc. #73-1). Bretches communicated a $3,000,000 settlement
demand on behalf of Graves. Id. Granat understood this settlement demand to be non-negotiable. Id.
Granat told Bretches that UMB would not be willing to resolve the matter for $3,000,000, and that it would
be fruitless for UMB to respond to a $3,000,000 demand. Id. On June 30, 2004, EEOC District Director
Lynn Bruner (“Bruner”) sent a letter to Graves which stated, “EEOC has determined that efforts to
conciliate have been unsuccessful. This letter constitutes notice that the [EEOC] has determined that
conciliation had failed.” (Doc. #61-8). Bruner’s letter also stated that “no further efforts to conciliate will
be made by EEOC” and that the EEOC was “forwarding the case to the Regional Attorney for litigation
consideration.” Id. Granat was copied on this correspondence. Id.
On July 29, 2004, Bretches sent a letter to Granat, stating:
To clarify our conciliation proposal, please be advised that the EEOC’s damage demands are limited by the caps set forth in the Civil Rights Act of 1991. Having said that, the EEOC is willing to conciliate this charge now for backpay for Mr. Graves in the amount of $43,680.00 ($480 per week from November 1, 2002 to July 31, 2004) plus the weekly cost to [UMB] for the same period for any and all fringe benefits that Charging Party would have been entitled to if he had been hired. In addition, the EEOC is seeking $300,000.00 in compensatory damages, the maximum allowedbythe applicable statutory cap. The Commission also asks [UMB] to hire [Graves] as a Customer Support & Sales Agent and to provide ADA training to all of its managers and supervisors. Please understand, however, that Mr. Graves continues to demand $3,000,000 to resolve this case and that [UMB’s] unilateral conciliation with the EEOC would not effect his right to pursue private litigation.
4

(Doc. #61-9). Bretches’ July 29, 2004 letter was the first time the EEOC’s conciliation proposal, as opposed to Graves’ conciliation proposal, was communicated to UMB. (Bretches Depo. 47:11-48:23; 52:20-53:10).
On July 30, 2004, Granat sent correspondence to Bruner, explaining that UMB was unaware that Graves did not need voice recognition software to perform the essential functions of the job until Bretches first informed UMB of the results of the EEOC’s investigation. (Doc. #61-10). On or around August 5, 2004, Granatspoke withBretches over the telephone regarding the settlement proposals of boththe EEOC and Graves. (Doc. #73-5). During that conversation, Granat expressed UMB’s willingness to conciliate and told Bretches that UMB would respond to the EEOC’s new conciliation proposal. Id. Regarding Graves’ settlement demand of $3,000,000, Granat told Bretches that UMB would not simply open its checkbook and give Graves a $3,000,000 handout. Id.
On August 18, 2004, Bretches sent correspondence to Granat responding to the points Granat raised in his letter of July 30, 2004. (Doc. #61-11). On August 30, 2004, Bretches sent correspondence to Granat asking Granat to forward UMB’s conciliation proposal by September 7, 2004, and stating that Bretches would assume that UMB was no longer interested in conciliation if he did not hear from Granat by September 7, 2004. (Doc. #61-12). The same day, Granat sent correspondence indicating that UMB intended to respond to the EEOC’s proposal but was unsure whether it could do so by September 7. (Doc. #61-13).
On September 15, 2004, Granat sent a letter to Bruner and forwarded a copy of a telephone interview with William Hawkins (“Hawkins”), the UMB employee who interviewed Graves and would have been his supervisor had Graves been hired. (Doc. #61-14). Granat indicated that there had possibly been
5

a “failure to communicate” with respect to the possible hiring of Graves and offered Graves the chance to return to UMB and see if Graves could perform the essential functions of the job. Id. Accordingly, Granat stated that UMB was willing to offer Graves the position he applied for as long as he was able to fulfill the essential functions of the position. (Doc. #61-14). On September 28, 2004, Bruner sent a letter to Granat, stating that Hawkins’ telephone interview did not change the EEOC’s view of the merits of the case. (Doc. #61-15). Bruner asked Granat to communicate UMB’s conciliation proposal to Bretches by October 8, 2004 and stated that if the EEOC did not hear from UMB within that time period, the EEOC would consider conciliation efforts to have failed. Id.
On October 1, 2004, Granat sent correspondence to Bretches, reiterating UMB’s proposal to employ Graves in the position for which he applied if he was able to perform the essential functions of the job. (Doc. #61-16). Granat’s letter further stated that UMB wished to meet with Bretches and Graves and, in the event that Graves could not carry out the essential functions of the job for which he applied, UMB was willing for Graves to apply for other available positions for which Graves was qualified. Id. On October 5, 2004, Bruner sent a letter to Granat stating that the EEOC had determined that efforts to conciliate had been unsuccessful and that no further conciliation effort would be made. (Doc. #61-17).
Granat sent Bruner a letter on October 7, 2004 emphasizing UMB’s continued willingness to conciliate. (Doc. #61-18). On October 15, 2004, Bruner, by Billie Ashton (“Ashton”), sent Granat a letter indicating that the EEOC was forwarding the case to headquarters for possible litigation but that the EEOC would consider any further settlement proposal that UMB wished to make. (Doc. #61-19). On November 5, Granat sent Ashton a letter indicating that it would offer $15,000 to resolve the case and reiterating UMB’s desire to meet inpersonto discuss the issues involved. (Doc. #61-20). Robert Johnson
6

(“Johnson”), Regional Attorney for the EEOC, responded by a letter dated November 10, 2004. (Doc. #61-21). Johnson indicated that the EEOC would lower its $300,000 offer to $295,000 but that it did not believe a meeting would be fruitful in light of the fact that the parties were very far apart in terms of a monetary settlement. Id.
On November 10, 2004, Granat sent a letter to Johnson, again conveying UMB’s willingness to conciliate and UMB’s request for a face to face meeting. (Doc. #61-22). Johnson responded on November 19, 2004 indicating that the EEOC would still consider any further settlement offers that UMB wished to make, but noted that “the time for a confidential settlement grows ever shorter.” (Doc. #61-23). The EEOC filed suit on December 1, 2004. (Doc. #1). II. Standard
Under Rule 56(c), summary judgment is appropriate when the “pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(c). When the evidence supports conflicting conclusions, a genuine issue of material fact exists and summaryjudgment should be denied. Kells v. Sinclair Buick—GMC Truck, Inc., 210 F.3d 827 (8th Cir. 2000). When considering this Motion, the Court views all facts in the light most favorable to UMB and gives it the benefit of all reasonable inferences. See Prudential Ins. Co., 121 F.3d at 366.
In the instant case, EEOC is asking this Court for a declaration that, as a matter of law, it engaged in sufficient efforts to conciliate Graves’ charge of employment discrimination as required by Title VII. However, if the Court finds that the EEOC’s conciliation efforts were insufficient to comply with the requirements set forth in Title VII, dismissal is too harsh a remedy in the absence of grossly unreasonable
7

conduct or substantial prejudice to UMB. See EEOC v. Klinger Elec. Corp., 636 F.2d 104, 107 (5th Cir. 1981). Instead, the appropriate remedy is to temporarily stay the action, as permitted by 42 U.S.C. § 2000e-5(f)(1), thus requiring the parties to resume conciliation efforts. Id. III. Analysis
Under Title VII, the EEOC is obligated to conciliate in good faith before filing suit. 42 U.S.C. § 2000(e)-5(b); EEOC v. Asplundh Tree Expert Co., 340 F.3d 1256, 1260 (11th Cir. 2003) (“[t]he duty to conciliate is at the heart of Title VII”) (citations omitted); EEOC v. Keco Indus., Inc., 748 F.2d 1097, 1102 (6th Cir. 1984). The EEOC’s statutory duty to conciliate embodies “the congressional intent that enforcement be effected wherever possible without resorting to formal litigation.” Marshall v. Sun Oil Co., 592 F.2d 563, 565 (10th Cir. 1979). One court described the purpose of the conciliation process as follows:
[I]t is clear that Congress placed great emphasis upon private settlement and the elimination of unfair practices without litigation on the ground that voluntary compliance is preferable to court action. Indeed, it is apparent that the primary role of the EEOC is to seek elimination of unlawful employment practices by informal means leading to voluntary compliance. Hutchines v. United States Indus., 428 F.2d 303, 309 (5th Cir. 1970) (citations omitted). To satisfy the statutory requirement of good faith conciliation, the EEOC must “(1) outline to the employer the reasonable cause for its belief that the law has been violated; (2) offer an opportunity for voluntary compliance; and (3) respond in a reasonable and flexible manner to the reasonable attitudes of the employer.” Asplundh, 340 F.3d at 1259 quoting EEOC v. Klinger Electric Corp., 636 F.2d 104, 107 (5th Cir. 1981); EEOC v. Johnson & Higgins, Inc., 91 F.3d 1529, 1534 (2nd Cir. 1996); EEOC v. One Bratenahl Place Condominium Assoc., 644 F.Supp 218, 221 (N.D. Ohio 1986). Whether the EEOC has
8

adequately fulfilled its obligation to conciliate is dependent upon the “reasonableness and responsiveness of the [EEOC’s] conduct under all the circumstances.” Asplundh, 340 F.3d at 1259 quoting Klinger, 636 F.2d at 107; see also EEOC v. Sears, Roebuck & Co., 650 F.2d 14, 19 (2nd Cir. 1981). The EEOC’s efforts should be considered sufficient if it made a sincere and reasonable attempt to negotiate by providing UMB with an “adequate opportunity to respond to all charges and negotiate possible settlements.” Bratenahl, 644 F.Supp. at 220 quoting Marshall v. Hartford Fire Ins. Co., 78 F.R.D. 97, 107 (D.C. Conn. 1978).
In the instant case, the EEOC argues that the undisputed facts establish that, as a matter of law, the EEOC made good faith efforts to conciliate. UMB argues that, in light of UMB’s repeated requests for a face-to-face meeting, the EEOC’s refusal to conduct a face-to-face meeting is evidence of the EEOC’s unreasonableness and lack of good faith. Indeed, the EEOC’s efforts to conciliate have been found to be inadequate where the EEOC has refused to meet with the employer. See, e.g., EEOC v. Pacific Maritime Assoc., 188 F.R.D. 379, 380-81 (D. Or. 1999) (no good faith conciliation where the EEOC failed to explain the basis for its damages calculation and refused several requests by the employer to schedule a face-to-face meeting); EEOC v. First Midwest Bank, N.A., 14 F.Supp. 2d 1028, 1032-1033 (N.D. Ill. 1998) (no good faith effort to conciliate where EEOC refused to meet with employer despite repeated requests); Bratenahl, 644 F.Supp. at 221 (no good faith conciliation where employer “indicated its willingness to meet and negotiate a conciliation [and] [s]uch a meeting would have provided a forum for the free exchange of ideas and proposals to hopefully reach mutually accepted remedies”). Though face-to face conciliation meetings are not statutorily required, “failure to hold a conciliation conference has been
9

an important factor in determining that [the EEOC] has not fulfilled its statutory duty to conciliate.” EEOC v. Hugin Sweda, Inc., 750 F.Supp. 165, 167 (D. N.J. 1990) (citations omitted).
Inthe instant case, the Court finds that it was unreasonable of the EEOC to refuse UMB’s repeated requests for a conciliation conference. At the heart of this case is Graves’ ability, or lack thereof, to perform the essential functions of the position for which he applied. Although the EEOC sent letters, held phone conferences, and solicited monetary offers from UMB, the EEOC nevertheless refused UMB the opportunity to evaluate the crucial issue of whether Graves was in fact capable of performing the essential functions of the position for which he applied.
The EEOC provided UMB with no basis for its conclusion that Graves did not require voice recognition software, other than Graves’ own assertion that such software was not required. Without the opportunity to assess Graves’ ability to perform the Customer Service Representative position, UMB had no foundation from which to engage in meaningful conciliation discussions or to generate a conciliation proposal. Accordingly, the Court finds that the EEOC denied UMB an “adequate opportunity to respond to all charges and negotiate possible settlements,” Bratenahl, 644 F.Supp. at 220, and that the EEOC did not respond in a “reasonable and flexible manner to the reasonable attitudes of the employer.” Asplundh, 340 F.3d at 1259. Therefore, partial summary judgment in favor of the EEOC is not appropriate.
CONCLUSION The Court finds that the EEOC’s refusal to meet with UMB regarding Graves’ claim and his ability to perform the essential functions of the position for which he applied was not reasonable under the circumstances. Accordingly, the EEOC’s Motion for Partial Summary Judgment is DENIED and this case is hereby STAYED for a period of sixty (60) days from the entry of this Order.
10

IT IS SO ORDERED. DATED: March 17, 2006

/s/ Gary A. Fenner GARY A. FENNER, JUDGE United States District Court

11

 04 -IDRt.J-CJJ -w- (7AF

VERDICT

Note: Complete this form by writing in the names required by your verdict.

On plaintiffs' claim that defendant did not hire Rodney Graves because of his disability as

submitted in Instruction 12, we find in favor of:
Th~eociQr\'-\- U m6 8G.-0 '(..

(Plaintiffs EEOC and Rodney Graves) or (Defendant UMB Bank)

Note: Complete the following paragraphs only if the above finding is in favor of plaintiffs. If the

above finding is in favor of defendant, have your foreperson sign and date this form because

you have completed your deliberation on this claim.

We find Mr. Graves' lost wages and benefits through May 2,2005 to be:

$_ _ _ _ _ _ (stating the amount or, ifnone, write the word "none.")

We find Mr. Graves' other damages, excluding lost wages and benefits to be:

$,______ (stating the amount or, ifnone, write the word "none.")

We find by a preponderance of the evidence that defendant acted with malice or reckless

indifference to Mr. Graves' right not to be discriminated against on the basis of his disability.

Yes

No

Note: Complete the following question only if the answer to the preceding question is Yes. If you

answered No, have your foreperson sign and date this form because you have completed your

deliberation on this claim.

We find that the evidence clearly and convincingly establishes that defendant's behavior was

outrageous because of defendant's evil motive or reckless indifference to the rights of others.

Yes

No

Note: Complete the following paragraph only if the answer to one of the preceding two questions is

Yes. Otherwise, have your foreperson sign and date this form because you have completed your deliberation on this claim.
We assess punitive damages against defendant, as submitted in Instruction 16, as follows: $_ _ _ _ _ _ (stating the amount or, ifnone, write the word "none.")

Dated: J /0'1/0'1

Foreperson

 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION and RODNEY GRAVES,

)

)

Plaintiffs,

)

)

vs.

)

Case No. 04-1084-CV-W-GAF

)

UMB BANK, N.A.,

)

)

Defendant.

)

ORDER DENYING DEFENDANT UMB BANK, N.A.’S MOTION FOR JUDGMENT AS A MATTER OF LAW AT THE CLOSE OF ALL THE EVIDENCE

Now pending before the Court is Defendant UMB Bank, N.A.’s Motion for Judgment as a

Matter of Law at the Close of All the Evidence. The Court having considered said motion, it is

ORDERED that Defendant UMB Bank, N.A.’s Motion for Judgment as a Matter of Law at

the Close of All the Evidence is denied.

DATED: January 23, 2007

/s/ Gary A. Fenner GARY A. FENNER, JUDGE United States District Court

 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MISSOURI WESTERN DIVISION
JUDGMENT IN A CIVIL CASE

Equal Employment Opportunity

)

Commission and Rodney Graves )

Plaintiff (s) )

vs.

)

)

UMB Bank, N.A.

)

)

)

Defendant (s) )

Civil No. 04-1084-CV-W-GAF

X Jury Verdict. This action came before the Court for a trial by jury. The issues have been tried and the jury has rendered its verdict.
Decision by Court. This action came to trial or hearing before the Court. The issues have been tried or heard and a decision has been rendered.
Decision by Court. This action has come before the Court as a briefed matter and a decision has been rendered.
ORDERED that : VERDICT: On Plaintiff’s claim that defendant did not hire Rodney Graves because of his disability as submitted in Instruction 12, we find in favor of: DEFENDANT UMB Bank.

Date: January 24, 2007

PATRICIA L. BRUNE, CLERK
By: /s/ Y. Johnson Deputy Clerk

 CLOSED,COSTTX,EAPADMIN
U.S. District Court Western District of Missouri (Kansas City) CIVIL DOCKET FOR CASE #: 4:04−cv−01084−GAF

Equal Employment Opportunity Commission v. UMB Bank Financial Corporation Assigned to: District Judge Gary A. Fenner Case in other court: 8th Circuit Court of Appeals, 07−02901 Cause: 42:12101 American with Disabilities Act
Plaintiff

Date Filed: 12/01/2004 Date Terminated: 01/24/2007 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Equal Employment Opportunity Commission

represented by Barbara A. Seely Equal Employment Opportunity Commission−StL Robert Young Federal Building 1222 Spruce Street Room 8.100 St. Louis, MO 63103 (314)539−7916 Fax: (314)539−7895 Email: barbara.seely@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jan Shelly Equal Employment Opportunity Commission 1222 Spruce Street Room 8.100 St. Louis, Mo 63103 (314)539−7918 Fax: (314)539−7895 Email: jan.shelly@eeoc.gov ATTORNEY TO BE NOTICED

V. Intervenor Plaintiff Rodney Graves

represented by Lynne J. Bratcher Bratcher Gockel Law, L.C. 4014B S Lynn Court Independence, MO 64055 (816) 221−1614 Fax: (816) 421−5910 Email: lynne@bgklawyers.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kristi L. Kingston Employee & Labor Law Group of Kansas City LLC 12920 Metcalf Avenue Suite 180 P.O. Box 25843 Overland Park, KS 66225 913−286−5200 Fax: 913−286−5201 Email: kristi@elgkc.com ATTORNEY TO BE NOTICED
Marie L. Gockel

Bratcher Gockel Law, L.C. 4014B S Lynn Court Independence, MO 64055 (816)221−1614 Fax: (816)421−5910 Email: marie@bgklawyers.com ATTORNEY TO BE NOTICED

V.
Defendant
UMB Bank Financial Corporation doing business as UMB Bank

represented by William C Martucci Shook, Hardy & Bacon, LLP−KCMO 2555 Grand Boulevard Kansas City, MO 64108−2613 816−474−6550 Fax: 816−421−5547 Email: wmartucci@shb.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Carrie McAtee Shook, Hardy & Bacon, LLP−KCMO 2555 Grand Boulevard Kansas City, MO 64108−2613 (816) 559−2512 Fax: (816) 421−5547 Email: cmcatee@shb.com ATTORNEY TO BE NOTICED

Date Filed 12/01/2004
12/01/2004 12/01/2004
12/02/2004 12/02/2004 12/03/2004 01/24/2005 01/25/2005 01/27/2005

# Docket Text
1 COMPLAINT against UMB Bank Financial Corporation (Filing fee $150 receipt number 00000) Service due by 3/31/2005, filed by Barbara A. Seely on behalf of Equal Employment Opportunity Commission.(Seely, Barbara) Civil Cover Sheet added on 12/2/2004 (Sullivan, Tanya). (Entered: 12/01/2004)
2 NOTICE of appearance by Jan Shelly on behalf of Equal Employment Opportunity Commission (Shelly, Jan) (Entered: 12/01/2004)
3 MOTION to intervene (Motion to Intervene Expeditiously) filed by Kristi L. Kingston on behalf of Rodney Graves Suggestions in opposition/response due by 12/16/2004 unless otherwise directed by the court (Attachments: # 1)(Kingston, Kristi) (Entered: 12/01/2004)
4 Notice of EAPADMIN (Attachments: # 1 General Order)(Sullivan, Tanya) (Entered: 12/02/2004)
5 ORDER granting 3 motion to intervene. Signed by Judge Howard F. Sachs on 12/2/04. (Beard, Melanie) (Entered: 12/03/2004)
6 Intervenor COMPLAINT of Plaintiff Service due by 4/4/2005, filed by Kristi L. Kingston on behalf of Rodney Graves.(Kingston, Kristi) (Entered: 12/03/2004)
SUMMONS ISSUED as to UMB Bank Financial Corporation,dba UMB Bank. (Beard, Melanie) (Entered: 01/24/2005)
SUMMONS ISSUED as to UMB Bank Financial Corporation. (Beard, Melanie) (Entered: 01/27/2005)
7 ANSWER to Complaint of Plaintiff Equal Employment Opportunity Commission filed by Carrie McAtee on behalf of Defendant UMB Bank Financial Corporation.(McAtee, Carrie) (Entered: 01/27/2005)

01/27/2005 01/28/2005 01/28/2005 02/03/2005 02/16/2005 02/17/2005 02/18/2005
03/03/2005 03/03/2005 03/07/2005 03/25/2005
04/05/2005
04/05/2005 04/05/2005
04/05/2005 04/06/2005

8 ANSWER to Intervenor Complaint of Plaintiff Rodney Graves filed by Carrie McAtee on behalf of Defendant UMB Bank Financial Corporation.(McAtee, Carrie) (Entered: 01/27/2005)
9 NOTICE OF PRETRIAL PROCEDURE signed by Judge Howard F. Sachs on 1/28/2005. The parties are to file a Joint Proposed Scheduling Order by 2/28/2005.(Moritz, Julie) (Entered: 01/28/2005)
10 NOTICE of appearance by Lynne J. Bratcher on behalf of Rodney Graves (Bratcher, Lynne) (Entered: 01/28/2005)
11 RETURN OF SERVICE of complaint executed by Rodney Graves, Equal Employment Opportunity Commission. UMB Bank Financial Corporation served on 1/24/2005, answer due 2/14/2005. (Sullivan, Tanya) (Entered: 02/03/2005)
12 PROPOSED SCHEDULING ORDER by Rodney Graves, Equal Employment Opportunity Commission, UMB Bank Financial Corporation. (Kingston, Kristi) (Entered: 02/16/2005)
13 CERTIFICATE OF SERVICE by UMB Bank Financial Corporation filed by Carrie McAtee on behalf of Defendant UMB Bank Financial Corporation.(McAtee, Carrie) (Entered: 02/17/2005)
14 SCHEDULING ORDER signed by Judge Howard F. Sachs on 2/18/2005. Discovery is due by 9/30/2005. An Accelerated Jury Trial set is for 4/3/2006 at 09:00AM in Courtroom 7B, Kansas City (HFS). Dispositive Motions are due by 10/25/2005.(Moritz, Julie) (Entered: 02/18/2005)
15 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission Rule 26(a)(1) Initial Disclosure filed by Jan Shelly on behalf of Plaintiff Equal Employment Opportunity Commission.(Shelly, Jan) (Entered: 03/03/2005)
16 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Kristi L. Kingston on behalf of Intervenor Plaintiff Rodney Graves.(Kingston, Kristi) (Entered: 03/03/2005)
17 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Carrie McAtee on behalf of Defendant UMB Bank Financial Corporation.(McAtee, Carrie) (Entered: 03/07/2005)
18 CERTIFICATE OF SERVICE by Rodney Graves Plaintiff−Intervenor Rodney Graves' Responses to Defendant UMB Bank, N.A.'s First Request for Production of Documents filed by Kristi L. Kingston on behalf of Intervenor Plaintiff Rodney Graves.(Kingston, Kristi) (Entered: 03/25/2005)
19 MOTION for leave to file PLAINTIFF EEOC'S MOTION TO SUBSTITUTE DEFENDANT filed byJan Shelly on behalf of Equal Employment Opportunity Commission Suggestions in opposition/response due by 4/20/2005 unless otherwise directed by the court (Attachments: # 1)(Shelly, Jan) (Entered: 04/05/2005)
20 ACKNOWLEDGEMENT OF SERVICE executed CERTIFICATE OF MAILING EEOC'S FIRST INTERROGATORIES Acknowledgement filed by Equal Employment Opportunity Commission. (Shelly, Jan) (Entered: 04/05/2005)
21 ACKNOWLEDGEMENT OF SERVICE executed CERTIFICATE OF MAILING EEOC'S FIRST REQUEST FOR PRODUCTION OF DOCUMENT TO DEFENDANT Acknowledgement filed by Equal Employment Opportunity Commission. (Shelly, Jan) (Entered: 04/05/2005)
22 ACKNOWLEDGEMENT OF SERVICE executed CERTIFICATE OF MAILING EEOC'S MOTION TO SUBSTITUTE DEFENDANT Acknowledgement filed by Equal Employment Opportunity Commission. (Shelly, Jan) (Entered: 04/05/2005)
23 SUGGESTIONS in support re 19 MOTION for leave to file PLAINTIFF EEOC'S MOTION TO SUBSTITUTE DEFENDANT MEMORANDUM IN SUPPORT OF PLAINTIFF EEOC'S MOTION TO SUBSTITUTE DEFENDANT filed by Jan Shelly on behalf of Plaintiff Equal Employment Opportunity Commission. (Related document(s) 19 ) (Shelly, Jan) (Entered: 04/06/2005)

04/07/2005 04/14/2005 04/19/2005 05/09/2005 05/13/2005 05/16/2005 05/20/2005 05/24/2005 06/03/2005 06/10/2005 06/13/2005 07/20/2005 07/21/2005 07/28/2005
07/29/2005
08/01/2005

24 ORDER granting plaintiff's motion to substitute defendant (Doc. 19)signed by Judge Howard F. Sachs on 4/7/2005. (Moritz, Julie) (Entered: 04/07/2005)
25 ACKNOWLEDGEMENT OF SERVICE executed EEOC's Request for Entry Upon Land Acknowledgement filed by Equal Employment Opportunity Commission. (Shelly, Jan) (Entered: 04/14/2005)
26 Amended CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES FIRST AMENDED filed by Carrie McAtee on behalf of Defendant UMB Bank Financial Corporation.(McAtee, Carrie) (Entered: 04/19/2005)
27 NOTICE to take deposition of May 11, 2005: 9:30 − Claudia Ferrell; May 25, 2005: 9:00 − Shannon Johnson and 1:30 − Jeff Limpic filed by Kristi L. Kingston on behalf of Intervenor Plaintiff Rodney Graves.(Kingston, Kristi) (Entered: 05/09/2005)
28 CERTIFICATE OF SERVICE by Rodney Graves Plaintiff−Intervenor Rodney Graves' First Request for Admissions to Defendant UMB Bank, N.A. filed by Kristi L. Kingston on behalf of Intervenor Plaintiff Rodney Graves.(Kingston, Kristi) (Entered: 05/13/2005)
29 NOTICE to take deposition of May 26, 2005: 1:00 pm − Donna (Thomas) Davis; June 7, 2005: 9:30 am − William Hawkins filed by Kristi L. Kingston on behalf of Intervenor Plaintiff Rodney Graves.(Kingston, Kristi) (Entered: 05/16/2005)
30 Joint MOTION for protective order filed byCarrie McAtee on behalf of UMB Bank Financial Corporation Suggestions in opposition/response due by 6/6/2005 unless otherwise directed by the court (Attachments: # 1)(McAtee, Carrie) (Entered: 05/20/2005)
31 ORDER granting the joint motion for protective order (Doc. 30) signed by Judge Howard F. Sachs on 5/24/2005. (Moritz, Julie) (Entered: 05/24/2005)
32 CERTIFICATE OF TRANSMISSION OF DEPOSITION of Mark Bretches (Beard, Melanie) (Entered: 06/03/2005)
33 CERTIFICATE OF TRANSMISSION OF DEPOSITION of Rodney Dale Graves (Beard, Melanie) (Entered: 06/10/2005)
34 CERTIFICATE OF SERVICE by UMB Bank Financial Corporation UMB Bank, N.A.'s Responses and Objections to Plaintiff−Intervenor Rodney Graves' First Requests for Admissions filed by Carrie McAtee on behalf of Defendant UMB Bank Financial Corporation.(McAtee, Carrie) (Entered: 06/13/2005)
35 Amended NOTICE to take deposition of August 11, 2005: William Hawkins − 9:00 am filed by Kristi L. Kingston on behalf of Intervenor Plaintiff Rodney Graves.(Kingston, Kristi) (Entered: 07/20/2005)
36 NOTICE to take deposition of Andrea Shelby filed by Barbara A. Seely on behalf of Plaintiff Equal Employment Opportunity Commission.(Seely, Barbara) (Entered: 07/21/2005)
37 Joint MOTION for extension of time To File Expert Reports filed byBarbara A. Seely on behalf of Equal Employment Opportunity Commission Suggestions in opposition/response due by 8/12/2005 unless otherwise directed by the court (Attachments: # 1 Proposed Order)(Seely, Barbara) Modified on 7/29/2005 (Sullivan, Tanya). ATTACHMENT #1 DELETED PER ADMINISTRATIVE PROCEDURES REGARDING PROPOSED ORDERS (Entered: 07/28/2005)
NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 7/28/05 as Joint Motion for extension of time. Attachment #1 has been deleted from the entry pursuant to the Administrative Procedures regarding Proposed Orders. Counsel has been contacted and asked to e−mail the document to Judge Sachs Courtroom Deputy. This is a text entry only − no document is attached. (Sullivan, Tanya) (Entered: 07/29/2005)
38 ORDER denying as moot the joint motion for motion for extension of time (Doc. 37) signed by Judge Howard F. Sachs on 8/1/2005. Discovery to be completed by 11/1/2005 and dispositive motions to be filed by 11/28/2005. (Moritz, Julie) (Entered: 08/01/2005)

08/12/2005 08/23/2005 09/01/2005 09/07/2005
09/28/2005 09/28/2005 09/28/2005
09/29/2005
09/30/2005 09/30/2005 10/17/2005 11/04/2005
11/09/2005 11/10/2005
11/10/2005
11/14/2005 11/18/2005

39 NOTICE to take deposition of Jeff Osenga filed by Barbara A. Seely on behalf of Plaintiff Equal Employment Opportunity Commission.(Seely, Barbara) (Entered: 08/12/2005)
40 CERTIFICATE OF TRANSMISSION OF DEPOSITION of William Hawkins (Beard, Melanie) (Entered: 08/23/2005)
41 NOTICE to take deposition of September 12, 2005: 9:30 am − Peter Ingles; 1:30 pm − Tyshia Wilson filed by Kristi L. Kingston on behalf of Intervenor Plaintiff Rodney Graves.(Kingston, Kristi) (Entered: 09/01/2005)
42 CERTIFICATE OF SERVICE by Rodney Graves Plaintiff−Intervenor Rodney Graves' First Suppliemental Disclosure of Information Under Federal Rule 26(a)(1) filed by Kristi L. Kingston on behalf of Intervenor Plaintiff Rodney Graves.(Kingston, Kristi) (Entered: 09/07/2005)
43 CERTIFICATE OF TRANSMISSION OF DEPOSITION of Peter Ingles (Beard, Melanie) (Entered: 09/28/2005)
44 CERTIFICATE OF TRANSMISSION OF DEPOSITION of Tyshia Wilson (Beard, Melanie) (Entered: 09/28/2005)
45 CERTIFICATE OF SERVICE by Rodney Graves Plaintiff−Intervenor Rodney Graves' First Set of Interrogatories and Request for Production of Documents to Defendant UMB Bank, N.A. filed by Kristi L. Kingston on behalf of Intervenor Plaintiff Rodney Graves.(Kingston, Kristi) (Entered: 09/28/2005)
46 CERTIFICATE OF SERVICE by UMB Bank Financial Corporation (Defendant's 1st Request for Production of Documents and Defendant's 1st Set of Interrogatories) filed by Carrie McAtee on behalf of Defendant UMB Bank Financial Corporation.(McAtee, Carrie) (Entered: 09/29/2005)
47 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission filed by Jan Shelly on behalf of Plaintiff Equal Employment Opportunity Commission.(Shelly, Jan) (Entered: 09/30/2005)
48 CERTIFICATE OF SERVICE by UMB Bank Financial Corporation filed by Carrie McAtee on behalf of Defendant UMB Bank Financial Corporation.(McAtee, Carrie) (Entered: 09/30/2005)
49 CERTIFICATE OF SERVICE by UMB Bank Financial Corporation CERTIFICATE OF MAILING filed by Carrie McAtee on behalf of Defendant UMB Bank Financial Corporation.(McAtee, Carrie) (Entered: 10/17/2005)
50 CERTIFICATE OF SERVICE by Rodney Graves of Plaintiff−Intervenor's Answers to Defendant's First Set of Interrogatories and Responses to Defendant's Second Requests for Production of Documents filed by Kristi L. Kingston on behalf of Intervenor Plaintiff Rodney Graves.(Kingston, Kristi) (Entered: 11/04/2005)
51 CERTIFICATE OF SERVICE by UMB Bank Financial Corporation filed by Carrie McAtee on behalf of Defendant UMB Bank Financial Corporation.(McAtee, Carrie) (Entered: 11/09/2005)
52 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission of Responses & Objections to Defendant's First Request for Production of Documents to Plaintiff EEOC filed by Jan Shelly on behalf of Plaintiff Equal Employment Opportunity Commission.(Shelly, Jan) (Entered: 11/10/2005)
53 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission of Plaintiff's Answers and Objections to Defendant's First Set of Interrogatories to Plaintiff EEOC filed by Jan Shelly on behalf of Plaintiff Equal Employment Opportunity Commission.(Shelly, Jan) (Entered: 11/10/2005)
54 NOTICE to take deposition of Anita Thomas filed by Carrie McAtee on behalf of Defendant UMB Bank Financial Corporation.(McAtee, Carrie) (Entered: 11/14/2005)
55 MOTION for extension of time Plaintiff's Motion for Extension of Time to File Exhibit and Witness Lists filed byKristi L. Kingston on behalf of Rodney Graves Suggestions in opposition/response due by 12/5/2005 unless otherwise directed by the court

11/18/2005 11/18/2005 11/18/2005 11/18/2005 11/28/2005 11/28/2005
11/28/2005 12/05/2005
12/06/2005 12/06/2005 12/06/2005 12/06/2005 12/06/2005 12/22/2005 12/27/2005 12/30/2005

(Kingston, Kristi) (Entered: 11/18/2005)
56 NOTICE of filing by UMB Bank Financial Corporation Notice of Filing of Index of Potential Exhibits (Attachments: # 1 Index of Potential Exhibits)(McAtee, Carrie) (Entered: 11/18/2005)
57 PROPOSED WITNESS LIST by UMB Bank Financial Corporation. (McAtee, Carrie) (Entered: 11/18/2005)
58 NOTICE of filing by UMB Bank Financial Corporation of Statement of Anticipated Trial Length (McAtee, Carrie) (Entered: 11/18/2005)
59 CERTIFICATE OF SERVICE by UMB Bank Financial Corporation of Defendant's Second Amended Rule 26 Disclosure Statement filed by Carrie McAtee on behalf of Defendant UMB Bank Financial Corporation.(McAtee, Carrie) (Entered: 11/18/2005)
60 ORDER granting plaintiffs' motion for extension of time to file exhibit and witness lists (Doc. 55) signed by Judge Howard F. Sachs on 11/28/2005. Plaintiffs are to file their exhibit and witness lists by 12/6/2005. (Moritz, Julie) (Entered: 11/28/2005)
61 MOTION for partial summary judgment filed byJan Shelly on behalf of Equal Employment Opportunity Commission Suggestions in opposition/response due by 1/2/2006 unless otherwise directed by the court (Attachments: # 1 Exhibit Declaration of Maggie McFadden# 2 Exhibit Declaration of Mark Bretches# 3 Exhibit Depo. of Mark Bretches# 4 Exhibit Depo. Exhibit 8# 5 Exhibit Depo. Exhibit 9# 6 Exhibit Depo. Exhibit 10# 7 Exhibit Depo. Exhibit 11# 8 Exhibit Depo. Exhibit 12# 9 Exhibit Depo. Exhibit 13# 10 Exhibit Depo. Exhibit 14# 11 Exhibit Depo. Exhibit 15# 12 Exhibit Depo. Exhibit 16# 13 Exhibit Depo. Exhibit 17# 14 Exhibit Depo. Exhibit 18# 15 Exhibit Depo. Exhibit 19# 16 Exhibit Depo. Exhibit 20# 17 Exhibit Depo. Exhibit 21# 18 Exhibit Depo. Exhibit 22# 19 Exhibit Depo. Exhibit 23# 20 Appendix Depo. Exhibit 24# 21 Exhibit Depo. Exhibit 25# 22 Exhibit Depo. Exhibit 26)(Shelly, Jan) (Entered: 11/28/2005)
62 SUGGESTIONS in support re 61 MOTION for partial summary judgment filed by Jan Shelly on behalf of Plaintiff Equal Employment Opportunity Commission. (Related document(s) 61 ) (Shelly, Jan) (Entered: 11/28/2005)
63 CERTIFICATE OF SERVICE by UMB Bank Financial Corporation of UMB Bank's Third Amended Rule 26 Disclosure Statement and Second Supplemental Responses to Plaintiff EEOC's First Set of Interrogatories filed by Carrie McAtee on behalf of Defendant UMB Bank Financial Corporation.(McAtee, Carrie) (Entered: 12/05/2005)
64 PROPOSED EXHIBIT LIST by Equal Employment Opportunity Commission. (Shelly, Jan) (Entered: 12/06/2005)
65 PROPOSED WITNESS LIST by Equal Employment Opportunity Commission. (Shelly, Jan) (Entered: 12/06/2005)
66 NOTICE of filing by Equal Employment Opportunity Commission Anticipated Length of Trial (Shelly, Jan) (Entered: 12/06/2005)
67 PROPOSED WITNESS LIST by Rodney Graves and Exhibit List. (Kingston, Kristi) (Entered: 12/06/2005)
68 NOTICE of filing by Rodney Graves of Plaintiff−Intervenor's Statement of Anticipated Length of Trial (Kingston, Kristi) (Entered: 12/06/2005)
69 MOTION for extension of time filed byCarrie McAtee on behalf of UMB Bank Financial Corporation Suggestions in opposition/response due by 1/6/2006 unless otherwise directed by the court (McAtee, Carrie) (Entered: 12/22/2005)
70 ORDER granting defendant's motion for extension of time (Doc. 69) signed by Judge Howard F. Sachs on 12/27/2005. Defendant is to file its response by 1/11/2006. (Moritz, Julie) (Entered: 12/27/2005)
71 NOTICE to take deposition of January 5, 2006: 11:00 a.m. − Kelly Logan filed by Kristi L. Kingston on behalf of Intervenor Plaintiff Rodney Graves.(Kingston, Kristi) (Entered: 12/30/2005)

01/06/2006 01/11/2006
01/13/2006
01/19/2006
01/25/2006
01/27/2006 02/03/2006 02/03/2006 02/22/2006
02/23/2006 03/14/2006 03/14/2006 03/14/2006 03/17/2006 05/24/2006 06/12/2006
06/20/2006

72 NOTICE of filing by Rodney Graves of Proposed Pretrial Order (Attachments: # 1 # 2 # 3)(Kingston, Kristi) (Entered: 01/06/2006)
73 SUGGESTIONS in opposition to motion for summary judgment re 61 MOTION for partial summary judgment filed by Carrie McAtee on behalf of Defendant UMB Bank Financial Corporation. Reply suggestions due by 1/26/2006 unless otherwise directed by the court (Attachments: # 1 Exhibit A, Mark Bretches Depo.# 2 Exhibit Exhibits from Mark Bretches Depo.# 3 Exhibit B, Shannon Johnson Depo.# 4 Exhibit C, Peter Granat Decl.# 5 Exhibit Exhibits to Peter Granat Decl.)(Related document(s) 61 ) (McAtee, Carrie) (Entered: 01/11/2006)
74 Joint MOTION for order (Joint Motion for Special Trial Setting) filed byKristi L. Kingston on behalf of Rodney Graves Suggestions in opposition/response due by 1/30/2006 unless otherwise directed by the court (Kingston, Kristi) (Entered: 01/13/2006)
75 REPLY SUGGESTIONS to motion re 61 MOTION for partial summary judgment filed by Jan Shelly on behalf of Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Exhibit D − Deposition of Rodney Graves# 2 Exhibit Exhibit E − Deposition of Rochelle Mitz# 3 Exhibit Exhibit F − Second Declaration of Mark Bretches# 4 Exhibit Exhibit G − Second Declaration of Maggie McFadden)(Related document(s) 61 ) (Shelly, Jan) (Entered: 01/19/2006)
76 ORDER granting joint motion for special trial setting (Doc. 74) signed by Judge Howard F. Sachs on 1/25/2006. The clerk is to remove this case from the Spring 2006 Accelerated Docket, and to reassign the case to another judge. (Moritz, Julie) (Entered: 01/25/2006)
77 LETTER OF REASSIGNMENT from Judge Howard F. Sachs to Judge Gary A. Fenner. (Related document(s) 76 ) (Beard, Melanie) (Entered: 01/27/2006)
78 ORDER scheduling trial for 8/28/06 at 9:00 am and pretrial conference for 7/28/06 at 1:30 pm. Signed by Judge Gary A. Fenner on 2/3/06. (Mitchell, Lisa) (Entered: 02/03/2006)
79 RULES OF TRIAL Signed by Judge Gary A. Fenner on 2/3/06. (Mitchell, Lisa) (Entered: 02/03/2006)
80 MOTION to continue Pretrial Conference and Trial Setting (Unopposed) filed byKristi L. Kingston on behalf of Rodney Graves Suggestions in opposition/response due by 3/9/2006 unless otherwise directed by the court (Kingston, Kristi) (Entered: 02/22/2006)
81 ORDER granting 80 motion to continue Signed by Judge Gary A. Fenner on 2/23/06. (Mitchell, Lisa) (Entered: 02/23/2006)
82 CERTIFICATE OF TRANSMISSION OF DEPOSITION of KELLY JO LOGAN (Beard, Melanie) (Entered: 03/14/2006)
83 CERTIFICATE OF TRANSMISSION OF DEPOSITION of ANITA GRACE THOMAS (Beard, Melanie) (Entered: 03/14/2006)
84 CERTIFICATE OF TRANSMISSION OF DEPOSITION of JAMES WILLIAM RAWLINGS (Beard, Melanie) (Entered: 03/14/2006)
85 ORDER denying 61 motion for partial summary judgment and staying case. Signed by Judge Gary A. Fenner on 3/17/06. (Mitchell, Lisa) (Entered: 03/17/2006)
86 ORDER directing plaintiff to file status report. Status Report due by 6/8/2006. Signed by Judge Gary A. Fenner on 5/24/06. (Mitchell, Lisa) (Entered: 05/24/2006)
87 MOTION for leave to file Status Report Out of Time filed by Jan Shelly on behalf of Equal Employment Opportunity Commission Suggestions in opposition/response due by 6/27/2006 unless otherwise directed by the court (Attachments: # 1)(Shelly, Jan) (Entered: 06/12/2006)
88 ORDER granting 87 motion for leave to file Signed by Judge Gary A. Fenner on 6/20/06. (Mitchell, Lisa) (Entered: 06/20/2006)

08/03/2006 10/20/2006
12/05/2006
12/05/2006
12/05/2006
12/08/2006 12/12/2006 12/12/2006 12/12/2006
12/12/2006 12/12/2006 12/12/2006
12/12/2006 12/14/2006
12/15/2006
12/15/2006 12/16/2006

89 PRETRIAL ORDER Signed by Judge Gary A. Fenner on 8/3/06. (Mitchell, Lisa) (Entered: 08/03/2006)
90 CERTIFICATE OF SERVICE by Rodney Graves of Plaintiff−Intervenor's First Supplemental Answers and Responses to Defendant UMB Bank, N.A.'s First Set of Interrogatories and First Requests for Production of Documents to Plaintiff−Intervenor Rodney Graves filed by Kristi L. Kingston on behalf of Intervenor Plaintiff Rodney Graves.(Kingston, Kristi) (Entered: 10/20/2006)
91 MOTION in limine filed by Barbara A. Seely on behalf of Rodney Graves, Equal Employment Opportunity CommissionSuggestions in opposition/response due by 12/20/2006 unless otherwise directed by the court. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7)(Seely, Barbara) (Entered: 12/05/2006)
92 CERTIFICATE OF SERVICE by Rodney Graves Plaintiff−Intervenor's Second Supplemental Answers to Defendant UMB Bank, N.A.'s First Set of Interrogatories to Plaintiff−Intervenor Rodney Graves filed by Kristi L. Kingston on behalf of Intervenor Plaintiff Rodney Graves.(Kingston, Kristi) (Entered: 12/05/2006)
93 MOTION in limine filed by Carrie McAtee on behalf of UMB Bank Financial CorporationSuggestions in opposition/response due by 12/20/2006 unless otherwise directed by the court. (Attachments: # 1 Exhibit A# 2 Exhibit B)(McAtee, Carrie) (Entered: 12/05/2006)
94 DESIGNATION OF DEPOSITION TESTIMONY by Rodney Graves, Equal Employment Opportunity Commission. (Seely, Barbara) (Entered: 12/08/2006)
95 STIPULATION Joint Stipulation of Facts by Rodney Graves. (Kingston, Kristi) (Entered: 12/12/2006)
96 PROPOSED WITNESS LIST by Rodney Graves, Equal Employment Opportunity Commission. (Shelly, Jan) (Entered: 12/12/2006)
97 SUGGESTIONS in opposition re 93 MOTION in limine filed by Kristi L. Kingston on behalf of Plaintiff Equal Employment Opportunity Commission. Reply suggestions due by 12/27/2006 unless otherwise directed by the court (Related document(s) 93 ) (Kingston, Kristi) (Entered: 12/12/2006)
98 PROPOSED EXHIBIT LIST for Plaintiffs by Rodney Graves. (Kingston, Kristi) (Entered: 12/12/2006)
99 PROPOSED WITNESS LIST by UMB Bank Financial Corporation. (McAtee, Carrie) (Entered: 12/12/2006)
100 SUGGESTIONS in opposition re 91 MOTION in limine filed by Carrie McAtee on behalf of Defendant UMB Bank Financial Corporation. Reply suggestions due by 12/27/2006 unless otherwise directed by the court (Related document(s) 91 ) (McAtee, Carrie) (Entered: 12/12/2006)
101 PROPOSED EXHIBIT LIST by UMB Bank Financial Corporation. (Attachments: # 1)(McAtee, Carrie) (Entered: 12/12/2006)
102 MOTION for order To Allow Attorney−Conducted and Additional Time For Voir Dire filed by Kristi L. Kingston on behalf of Rodney GravesSuggestions in opposition/response due by 12/29/2006 unless otherwise directed by the court. (Kingston, Kristi) (Entered: 12/14/2006)
103 CERTIFICATE OF SERVICE by Rodney Graves Plaintiff−Intervenor's Second Supplemental Responses to Defendant UMB Bank, N.A.'s First Requests for Production of Documents to Plaintiff−Intervenor Rodey Graves filed by Kristi L. Kingston on behalf of Intervenor Plaintiff Rodney Graves.(Kingston, Kristi) (Entered: 12/15/2006)
104 Minute Entry for proceedings held before Judge Gary A. Fenner : INTERIM PRETRIAL CONFERENCE held on 12/15/2006. THIS IS A TEXT ENTRY ONLY. (Court Reporter Libby Shinn.) (Diefenbach, Tracy) (Entered: 12/15/2006)
106 DESIGNATION of Deposition Testimony by UMB Bank Financial Corporation. (McAtee, Carrie) (Entered: 12/16/2006)

12/18/2006 12/18/2006
12/18/2006 12/19/2006 01/05/2007 01/05/2007 01/05/2007 01/08/2007 01/08/2007 01/08/2007 01/08/2007 01/09/2007 01/09/2007 01/10/2007
01/10/2007
01/11/2007
01/11/2007

107 ORDER continuing trial to 1/16/07 at 9:00 am. Signed by Judge Gary A. Fenner on 12/18/06. (Mitchell, Lisa) (Entered: 12/18/2006)
NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 12/15/06 as Document No. 105, NOTICE of filing by Rodney Graves of Entry of Appearance (Gockel, Marie). The document has been deleted as the incorrect ECF event code was used when filing the document. Counsel will re−file the document using the correct event and adding herself to the docket. This is a text entry only − no document is attached. (McDowell, Shelly) (Entered: 12/18/2006)
108 NOTICE of appearance by Marie L. Gockel on behalf of Rodney Graves (Gockel, Marie) (Entered: 12/18/2006)
109 OBJECTIONS (non motions) re 106 DESIGNATION. Related document: 106 DESIGNATION filed by UMB Bank Financial Corporation,.(Seely, Barbara) (Entered: 12/19/2006)
110 PROPOSED VOIR DIRE by Rodney Graves, Equal Employment Opportunity Commission (Plaintiffs' Proposed Voir Dire). (Kingston, Kristi) (Entered: 01/05/2007)
111 STIPULATION (Joint) as to Identification and Foundation of Exhibits by Rodney Graves. (Kingston, Kristi) (Entered: 01/05/2007)
112 PROPOSED VOIR DIRE by UMB Bank Financial Corporation. (McAtee, Carrie) (Entered: 01/05/2007)
113 Joint PROPOSED JURY INSTRUCTIONS by UMB Bank Financial Corporation Annotated. (McAtee, Carrie) (Entered: 01/08/2007)
114 Joint PROPOSED JURY INSTRUCTIONS by UMB Bank Financial Corporation Unannotated. (McAtee, Carrie) (Entered: 01/08/2007)
115 PROPOSED JURY INSTRUCTIONS by UMB Bank Financial Corporation Annotated. (McAtee, Carrie) (Entered: 01/08/2007)
116 PROPOSED JURY INSTRUCTIONS by UMB Bank Financial Corporation Unannotated. (McAtee, Carrie) (Entered: 01/08/2007)
117 PROPOSED JURY INSTRUCTIONS by Rodney Graves (Annotated) Submitted by Plaintiffs. (Gockel, Marie) (Entered: 01/09/2007)
118 PROPOSED JURY INSTRUCTIONS by Rodney Graves (Unannotated) Submitted by Plaintiffs. (Gockel, Marie) (Entered: 01/09/2007)
119 CERTIFICATE OF SERVICE by Rodney Graves Plaintiff−Intervenor's Third Supplemental Responses to Defendant UMB Bank, N.A.'s First Set of Interrogatories filed by Kristi L. Kingston on behalf of Intervenor Plaintiff Rodney Graves.(Kingston, Kristi) (Entered: 01/10/2007)
120 MOTION to quash Trial Subpoena filed by Carrie McAtee on behalf of UMB Bank Financial CorporationSuggestions in opposition/response due by 1/25/2007 unless otherwise directed by the court. (Attachments: # 1 Exhibit Subpoena)(McAtee, Carrie) (Entered: 01/10/2007)
121 MOTION for leave to file Deposition Designations filed by Carrie McAtee on behalf of UMB Bank Financial CorporationSuggestions in opposition/response due by 1/26/2007 unless otherwise directed by the court. (Attachments: # 1 Proposed Deposition Designations)(McAtee, Carrie) (Entered: 01/11/2007)
122 MOTION to amend/correct 96 Proposed Witness List, 120 MOTION to quash Trial Subpoena "Plaintiffs' Motion to Amend Witness List to Add James Rawlings as a Witness, With Suggestions in Support, and Plaintiffs' Suggestions in Opposition to Defendant UMB Bank, N.A.'s Motion to Quash the Trial Subpoena Issued to James Rawlings and to Exclude Any Testimony from Him at Trial" filed by Marie L. Gockel on behalf of all plaintiffsSuggestions in opposition/response due by 1/26/2007 unless otherwise directed by the court. (Related document(s) 96 , 120 ) (Gockel, Marie) (Entered: 01/11/2007)

01/11/2007 01/12/2007 01/12/2007 01/12/2007 01/12/2007
01/16/2007
01/16/2007
01/16/2007 01/17/2007 01/17/2007 01/17/2007 01/18/2007

123 TRIAL BRIEF OF PLAINTIFFS ON CLAIMS UNDER THE AMERICANS WITH DISABILITIES ACT AND MISSOURI HUMAN RIGHTS ACT by Rodney Graves, Equal Employment Opportunity Commission. (Gockel, Marie) (Entered: 01/11/2007)
124 NOTICE of filing by UMB Bank Financial Corporation Deposition of Jeff Osenga (Attachments: # 1 Exhibit Jeff Osenga Deposition)(McAtee, Carrie) (Entered: 01/12/2007)
125 SUGGESTIONS in opposition re 91 MOTION in limine Defendant's Supplemental Brief in Further Opposition to Plaintiffs' Motion in Limine to Exclude Rodney Graves' Damages Calculation filed by Carrie McAtee on behalf of Defendant UMB Bank Financial Corporation. Reply suggestions due by 1/29/2007 unless otherwise directed by the court (Attachments: # 1 Exhibit A)(Related document(s) 91 ) (McAtee, Carrie) (Entered: 01/12/2007)
126 NOTICE of filing by UMB Bank Financial Corporation Letter Regarding Corporate Representative For Trial (McAtee, Carrie) (Entered: 01/12/2007)
128 Minute Entry for proceedings held before Judge Gary A. Fenner : MOTION HEARING held on 1/12/2007 re 122 MOTION to amend/correct 96 Proposed Witness List, 120 MOTION to quash Trial Subpoena "Plaintiffs' Motion to Amend Witness List to Add James Rawlings as a Witness, With Suggestions in Support, and Plaintiffs' Suggestions in MOTION to amend/correct 96 Proposed Witness List, 120 MOTION to quash Trial Subpoena "Plaintiffs' Motion to Amend Witness List to Add James Rawlings as a Witness, With Suggestions in Support, and Plaintiffs' Suggestions in MOTION to amend/correct 96 Proposed Witness List, 120 MOTION to quash Trial Subpoena "Plaintiffs' Motion to Amend Witness List to Add James Rawlings as a Witness, With Suggestions in Support, and Plaintiffs' Suggestions in filed by Equal Employment Opportunity Commission, 120 MOTION to quash Trial Subpoena filed by UMB Bank Financial Corporation. This is a text entry only. (Court Reporter Libby Shinn.) (Diefenbach, Tracy) (Entered: 01/16/2007)
127 SUGGESTIONS in opposition re 93 MOTION in limine (Plaintiffs' Response to Defendant's Supplemental Brief in Further Opposition to Plaintiffs' Motion in Limine to Exclude Rodney Graves' Damages Calculation) filed by Kristi L. Kingston on behalf of Plaintiff Equal Employment Opportunity Commission. Reply suggestions due by 2/5/2007 unless otherwise directed by the court (Attachments: # 1 Exhibit 1 − Declaration of Mark Bretches# 2 Exhibit A−C to Declaration of Mark Bretches# 3 Exhibit 2 − Declaration of Rodney Graves)(Related document(s) 93 ) (Kingston, Kristi) (Entered: 01/16/2007)
129 SUGGESTIONS in opposition re 93 MOTION in limine "Supplemental Exhibit to Plaintiffs' Response to Defendant's Supplemental Brief in Further Opposition to Plaintiffs' Motion in Limine to Exclude Rodney Graves' Damages Calculations" filed by Kristi L. Kingston on behalf of Plaintiff Equal Employment Opportunity Commission. Reply suggestions due by 2/5/2007 unless otherwise directed by the court (Attachments: # 1 Supplement to Exhibit 1 − Mark Bretches' Declaration)(Related document(s) 93 ) (Kingston, Kristi) (Entered: 01/16/2007)
130 Minute Entry for proceedings held before Judge Gary A. Fenner : DAY ONE OF JURY TRIAL held on 1/16/2007. (Court Reporter Libby Shinn.) (Diefenbach, Tracy) (Entered: 01/17/2007)
131 JURY LIST (SEALED). (Beard, Melanie) (Entered: 01/17/2007)
132 OBJECTIONS (non motions) re 118 Proposed Jury Instructions, 117 Proposed Jury Instructions. Related document: 118 Proposed Jury Instructions filed by Rodney Graves, 117 Proposed Jury Instructions filed by Rodney Graves. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G)(McAtee, Carrie) (Entered: 01/17/2007)
133 Minute Entry for proceedings held before Judge Gary A. Fenner : DAY TWO OF JURY TRIAL held on 1/17/2007. (Court Reporter Libby Shinn.) (Diefenbach, Tracy) (Entered: 01/18/2007)
134 MOTION in limine (Plaintiffs' Motion in Limine with Respect to Subpoena Duces Tecum Served on EEOC Investigator Mark Bretches) filed by Kristi L. Kingston on behalf of Rodney GravesSuggestions in opposition/response due by 2/5/2007 unless

01/18/2007 01/18/2007 01/18/2007 01/19/2007
01/19/2007 01/19/2007 01/21/2007 01/21/2007 01/21/2007
01/21/2007
01/22/2007 01/22/2007 01/22/2007 01/22/2007

otherwise directed by the court. (Kingston, Kristi) (Entered: 01/18/2007)
135 The document originally filed on 1/18/07 as document no. 135, MOTION to quash Kingston, Kristi), was deleted at the request of the filer as the incorrect document was filed. Counsel will refile the correct document. Modified on 1/19/2007 (Carr, Lori). (Entered: 01/18/2007)
136 Minute Entry for proceedings held before Judge Gary A. Fenner : DAY THREE OF JURY TRIAL held on 1/18/2007. (Court Reporter Libby Shinn.) (Diefenbach, Tracy) (Entered: 01/19/2007)
156 EXHIBIT INDEX by UMB Bank Financial Corporation. (Kee, Georgia) (Entered: 01/25/2007)
NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 1/18/07 as Document No. 135, MOTION to quash. The document has been deleted as the incorrect document was filed. Counsel will refile the correct document. This is a text entry only − no document is attached. (Carr, Lori) (Entered: 01/19/2007)
137 MOTION to quash Subpoena Duces Tecum Served on EEOC Investigator Mark Bretches filed by Kristi L. Kingston on behalf of Rodney GravesSuggestions in opposition/response due by 2/8/2007 unless otherwise directed by the court. (Kingston, Kristi) (Entered: 01/19/2007)
144 Minute Entry for proceedings held before Judge Gary A. Fenner : DAY FOUR OF JURY TRIAL held on 1/19/2007. (Court Reporter Libby Shinn.) (Diefenbach, Tracy) (Entered: 01/22/2007)
138 WITNESS LIST by UMB Bank Financial Corporation Notice of Anticipated Witnesses (McAtee, Carrie) Modified on 2/7/2007 to correct docket text. Document should not have been filed as a notice of filing, but a witness list instead (McDowell, Shelly). (Entered: 01/21/2007)
139 MOTION for leave to file Motion for Leave to Call Rebuttal/Impeachment Witness filed by Carrie McAtee on behalf of UMB Bank Financial CorporationSuggestions in opposition/response due by 2/8/2007 unless otherwise directed by the court. (McAtee, Carrie) (Entered: 01/21/2007)
140 SUGGESTIONS in opposition re 134 MOTION in limine (Plaintiffs' Motion in Limine with Respect to Subpoena Duces Tecum Served on EEOC Investigator Mark Bretches) MOTION in limine (Plaintiffs' Motion in Limine with Respect to Subpoena Duces Tecum Served on EEOC Investigator Mark Bretches) filed by Carrie McAtee on behalf of Defendant UMB Bank Financial Corporation. Reply suggestions due by 2/8/2007 unless otherwise directed by the court (Related document(s) 134 ) (McAtee, Carrie) (Entered: 01/21/2007)
141 SUGGESTIONS in opposition re 137 MOTION to quash Subpoena Duces Tecum Served on EEOC Investigator Mark Bretches filed by Carrie McAtee on behalf of Defendant UMB Bank Financial Corporation. Reply suggestions due by 2/8/2007 unless otherwise directed by the court (Related document(s) 137 ) (McAtee, Carrie) (Entered: 01/21/2007)
142 PROPOSED WITNESS LIST by UMB Bank Financial Corporation. (McAtee, Carrie) (Entered: 01/22/2007)
143 NOTICE of filing by Rodney Graves re 132 Objections (non motion), Objections (non motion) Plaintiff's Responses to Defendant UMB Bank, N.A.'s Objections to Plaintiffs' Proposes Jury Instructions (Kingston, Kristi) (Entered: 01/22/2007)
145 MOTION for judgment as a matter of law at the close of Plaintiffs' case filed by Carrie McAtee on behalf of UMB Bank Financial CorporationSuggestions in opposition/response due by 2/9/2007 unless otherwise directed by the court. (McAtee, Carrie) (Entered: 01/22/2007)
146 Minute Entry for proceedings held before Judge Gary A. Fenner : DAY FIVE OF JURY TRIAL held on 1/22/2007. (Court Reporter Libby Shinn.) (Diefenbach, Tracy) (Entered: 01/23/2007)

01/22/2007 01/23/2007
01/23/2007 01/23/2007 01/23/2007 01/23/2007 01/23/2007 01/23/2007 01/24/2007 01/24/2007 01/24/2007 01/24/2007 01/24/2007 02/02/2007 02/06/2007
02/07/2007 02/07/2007
02/08/2007
02/08/2007

157 EXHIBIT INDEX by Rodney Graves, Equal Employment Opportunity Commission. (Kee, Georgia) (Entered: 01/25/2007)
147 MOTION for judgment as a matter of law at Close of All Evidence filed by Carrie McAtee on behalf of UMB Bank Financial Corporation. Suggestions in opposition/response due by 2/12/2007 unless otherwise directed by the court. (McAtee, Carrie) (Entered: 01/23/2007)
148 JURY INSTRUCTIONS refused. (McDowell, Shelly) (Entered: 01/23/2007)
149 ORDER denying 147 motion for judgment as a matter of law Signed by Judge Gary A. Fenner on 1/23/07. (Mitchell, Lisa) (Entered: 01/23/2007)
150 Minute Entry for proceedings held before Judge Gary A. Fenner : JURY TRIAL held on 1/23/2007. (Court Reporter Libby Shinn.) (Diefenbach, Tracy) (Entered: 01/24/2007)
153 Court's EXHIBIT INDEX. (Kee, Georgia) (Entered: 01/25/2007)
154 JURY NOTES (SEALED). (Kee, Georgia) (Entered: 01/25/2007)
155 JURY NOTES (SEALED). (Kee, Georgia) (Entered: 01/25/2007)
151 ANNOTATED JURY INSTRUCTIONS GIVEN.(Diefenbach, Tracy) (Entered: 01/24/2007)
152 JURY INSTRUCTIONS READ TO THE JURY. (Diefenbach, Tracy) (Entered: 01/24/2007)
158 VERDICT − Redacted. (Kee, Georgia) (Entered: 01/25/2007)
159 Minute Order. Proceedings held before Judge Dean Whipple : DAY SEVEN OF JURY TRIAL held on 1/24/2007. (Court Reporter D. Lamken.) (McDowell, Shelly) (Entered: 01/26/2007)
160 CLERK'S JUDGMENT in favor of UMB Bank Financial Corporation against Equal Employment Opportunity Commission, Rodney Graves (McDowell, Shelly) (Entered: 01/26/2007)
161 PROPOSED BILL OF COSTS by UMB Bank Financial Corporation.Objections to Bill of Costs due by 2/23/2007 (Attachments: # 1 Exhibit A# 2 Exhibit B−1# 3 Exhibit B−2# 4 Exhibit B−3)(McAtee, Carrie) (Entered: 02/02/2007)
162 MOTION for leave to file Suggestions in Support of Plaintiffs' Motion for New Trial in Excess of Fifteen Pages filed by Kristi L. Kingston on behalf of Rodney Graves. Suggestions in opposition/response due by 2/26/2007 unless otherwise directed by the court. (Kingston, Kristi) (Entered: 02/06/2007)
163 ORDER granting 162 motion for leave to file Signed by Judge Gary A. Fenner on 2/7/07. (Mitchell, Lisa) (Entered: 02/07/2007)
164 Joint MOTION for new trial (Plaintiffs) filed by Kristi L. Kingston on behalf of Rodney Graves. Suggestions in opposition/response due by 2/26/2007 unless otherwise directed by the court. (Attachments: # 1 Exhibit A − Defendant's Exhibit 69# 2 Exhibit B − Deposition Excerpts of Rodney Graves# 3 Exhibit C − Petarila Charge of Discrimination# 4 Exhibit D − Pietarila Petition for Damages# 5 Exhibit E − E−mail and letter# 6 Exhibit F − Peter Ingles Deposition Excerpts)(Kingston, Kristi) (Entered: 02/07/2007)
NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 02/07/07 as Document No. 165, SUGGESTIONS in support re 164 Joint MOTION for new trial (Plaintiffs)Joint MOTION for new trial (Plaintiffs)Joint MOTION for new trial (Plaintiffs) filed by Kristi L. Kingston on behalf of Intervenor Plaintiff Rodney Graves. The document has been deleted as the incorrect document was filed. Counsel will re−file the correct document. This is a text entry only − no document is attached. (McDowell, Shelly) (Entered: 02/08/2007)
165 SUGGESTIONS in support re 164 Joint MOTION for new trial (Plaintiffs)Joint MOTION for new trial (Plaintiffs)Joint MOTION for new trial (Plaintiffs) filed by Kristi L. Kingston on behalf of Intervenor Plaintiff Rodney Graves. (Related

02/09/2007
02/20/2007
02/27/2007
03/05/2007
04/02/2007 04/17/2007 04/25/2007 06/08/2007 06/28/2007 08/03/2007 08/03/2007 08/03/2007 08/16/2007 10/29/2007

document(s) 164 ) (Kingston, Kristi) (Entered: 02/08/2007)
166 MOTION for extension of time to file response/reply Plaintiff's Alternate Motions to Defer Responding to Defendant's Bill of Costs During the Pendency of Plaintiffs' Appeal or Enlargement of Time to Respond to Defendant's Bill of Costs, with Supporting Suggestions filed by Kristi L. Kingston on behalf of Rodney Graves. Suggestions in opposition/response due by 2/26/2007 unless otherwise directed by the court. (Kingston, Kristi) (Entered: 02/09/2007)
167 SUGGESTIONS in opposition re 164 Joint MOTION for new trial (Plaintiffs)Joint MOTION for new trial (Plaintiffs)Joint MOTION for new trial (Plaintiffs) filed by Carrie McAtee on behalf of Defendant UMB Bank Financial Corporation. Reply suggestions due by 3/8/2007 unless otherwise directed by the court (Related document(s) 164 ) (McAtee, Carrie) (Entered: 02/20/2007)
168 SUGGESTIONS in opposition re 166 MOTION for extension of time to file response/reply Plaintiff's Alternate Motions to Defer Responding to Defendant's Bill of Costs During the Pendency of Plaintiffs' Appeal or Enlargement of Time to Respond to Defendant's Bill o filed by Carrie McAtee on behalf of Defendant UMB Bank Financial Corporation. Reply suggestions due by 3/15/2007 unless otherwise directed by the court (Related document(s) 166 ) (McAtee, Carrie) (Entered: 02/27/2007)
169 REPLY SUGGESTIONS to motion re 164 Joint MOTION for new trial (Plaintiffs)Joint MOTION for new trial (Plaintiffs)Joint MOTION for new trial (Plaintiffs) Plaintiffs' Reply to Defendant's Suggestions in Opposition to Plaintiffs' Motion for New Trial filed by Marie L. Gockel on behalf of Intervenor Plaintiff Rodney Graves. (Related document(s) 164 ) (Gockel, Marie) (Entered: 03/05/2007)
170 ORDER granting in part and denying in part 166 motion for extension of time to file response/reply Signed by Judge Gary A. Fenner on 4/2/07. (Mitchell, Lisa) (Entered: 04/02/2007)
171 OBJECTIONS to Bill of Costs (Related document(s) 161 ) (Kingston, Kristi) Modified on 4/18/2007 to correct docket text(Bax, Laura). (Entered: 04/17/2007)
172 NOTICE of filing by UMB Bank Financial Corporation re 171 Suggestions in Opposition to Motion (Reply in Further Support of Its Bill of Costs) (McAtee, Carrie) (Entered: 04/25/2007)
173 ORDER denying 164 motion for new trial Signed by Judge Gary A. Fenner on 6/8/07. (Mitchell, Lisa) (Entered: 06/08/2007)
174 ORDER assessing costs in favor of defendant UMB Bank and against plaintiffs in the amount of $11,478.87 (Elayer, Glenda) (Entered: 06/28/2007)
175 NOTICE OF APPEAL by Rodney Graves. Filing fee $ 455, receipt number 1578150. (Attachments: # 1 Appellant's Form A# 2 Appellee's Form B)(Kingston, Kristi) (Entered: 08/03/2007)
176 TRANSMISSION of Notice of Appeal Supplement to US Court of Appeals, 8th Circuit via electronic mail. Related document 175 Notice of Appeal. (Crespo, Wil) (Entered: 08/03/2007)
***Appeal Receipt of Notice of Appeal and supporting documents received by USCA on: Fri Aug 3 15:24:17 CDT 2007 (Court of Appeals3, ) (Entered: 08/03/2007)
177 USCA Case Number from 8th Circuit Court of Appeals is 07−2901 for 175 Notice of Appeal filed by Rodney Graves. Briefing schedule entered by the Court of Appeals is attached. (Attachments: # 1)(Crespo, Wil) (Entered: 08/16/2007)
178 TRANSCRIPT of Transcript on Appeal, Volume One, pgs 1 thru 148 held on January 16, 2007 before Judge Gary A. Fenner. Court Reporter: Elizabeth Shinn. This is a text entry only − no document is attached. The transcript is available for review in the Clerk's Office. Please contact the court reporter listed above for copies. (Rowland, Bonnie) (Crespo, Wil). Modified on 3/1/2016 (Crespo, Wil). The transcript, which was originally referred to in the docket entry, was scanned and attached to the filing on 3/1/16. There is no transcript to this filing being kept in the Clerk's Office. (Entered: 10/29/2007)

10/29/2007 10/29/2007 10/29/2007 10/29/2007 10/29/2007 01/15/2008 03/13/2009 05/05/2009 05/18/2009

179 TRANSCRIPT of Transcript on Appeal, Vol Two, pgs 149 − 392 held on January 17, 2007 before Judge Gary A. Fenner. Court Reporter: Elizabeth Shinn. This is a text entry only − no document is attached. The transcript is available for review in the Clerk's Office. Please contact the court reporter listed above for copies. (Rowland, Bonnie) (Crespo, Wil). Modified on 3/1/2016 (Crespo, Wil). The transcript, which was originally referred to in the docket entry, was scanned and attached to the filing on 3/1/16. There is no transcript to this filing being kept in the Clerk's Office. (Entered: 10/29/2007)
180 TRANSCRIPT of Transcript on Appeal, Vol Three, pgs 393 − 663 held on January 18, 2007 before Judge Gary A. Fenner. Court Reporter: Elizabeth Shinn. This is a text entry only − no document is attached. The transcript is available for review in the Clerk's Office. Please contact the court reporter listed above for copies. (Rowland, Bonnie) (Crespo, Wil). Modified on 3/1/2016 (Crespo, Wil). The transcript, which was originally referred to in the docket entry, was scanned and attached to the filing on 3/1/16. There is no transcript to this filing being kept in the Clerk's Office. (Entered: 10/29/2007)
181 TRANSCRIPT of Transcript on Appeal, Vol four, pgs 664 − 961 held on January 19, 2007 before Judge Gary A. Fenner. Court Reporter: Elizabeth Shinn. This is a text entry only − no document is attached. The transcript is available for review in the Clerk's Office. Please contact the court reporter listed above for copies. (Rowland, Bonnie) (Crespo, Wil). Modified on 3/1/2016 (Crespo, Wil). The transcript, which was originally referred to in the docket entry, was scanned and attached to the filing on 3/1/16. There is no transcript to this filing being kept in the Clerk's Office. (Entered: 10/29/2007)
182 TRANSCRIPT of Transcript on Appeal, Vol five, pgs 962 − 1278 held on January 22, 2007 before Judge Gary A. Fenner. Court Reporter: Elizabeth Shinn. This is a text entry only − no document is attached. The transcript is available for review in the Clerk's Office. Please contact the court reporter listed above for copies. (Rowland, Bonnie) (Crespo, Wil). Modified on 3/1/2016 (Crespo, Wil). The transcript, which was originally referred to in the docket entry, was scanned and attached to the filing on 3/1/16. There is no transcript to this filing being kept in the Clerk's Office. (Entered: 10/29/2007)
183 TRANSCRIPT of Transcript on Appeal, Vol six, pgs 1279 − 1314 held on January 23, 2007 before Judge Gary A. Fenner. Court Reporter: Elizabeth Shinn. This is a text entry only − no document is attached. The transcript is available for review in the Clerk's Office. Please contact the court reporter listed above for copies. (Rowland, Bonnie) (Crespo, Wil). Modified on 3/1/2016 (Crespo, Wil). The transcript, which was originally referred to in the docket entry, was scanned and attached to the filing on 3/1/16. There is no transcript to this filing being kept in the Clerk's Office. (Entered: 10/29/2007)
184 TRANSCRIPT of Closing Arguments held on January 23, 2007 before Judge Fenner. Court Reporter: Elizabeth Shinn. This is a text entry only − no document is attached. The transcript is available for review in the Clerk's Office. Please contact the court reporter listed above for copies. (Rowland, Bonnie) (Crespo, Wil). Modified on 3/1/2016 (Crespo, Wil). The transcript, which was originally referred to in the docket entry, was scanned and attached to the filing on 3/1/16. There is no transcript to this filing being kept in the Clerk's Office. (Entered: 01/15/2008)
185 USCA Judgment and/or Opinion as to 175 Notice of Appeal filed by Rodney Graves This is a preliminary judgment and/or opinion of U.S. Court of Appeals; jurisdiction is not recovered until the Mandate is issued by the U.S Court of Appeals. It is hereby ordered and adjudged that the judgment of the district court in this cause is affirmed. (Attachments: # 1 Opinion)(Crespo, Wil) (Entered: 03/13/2009)
186 MANDATE of US COURT OF APPEALS as to 175 Notice of Appeal filed by Rodney Graves with mandate issued on 5/5/09. (Crespo, Wil) (Entered: 05/05/2009)
Appeal Remark re 175 Notice of Appeal : Received this date from the 8th Circuit Court of Appeals transcripts Doc #178−183. (Crespo, Wil) (Entered: 05/18/2009)

 07-2901 Docket

https://ecf.ca8.uscourts.gov/cmecf/servlet/TransportRoom

Court Home

Case Search

Calendar

Opinions

Orders/Judgments

Billing History

XML

TXT

Logout

Help

General Docket Eighth Circuit Court of Appeals

Court of Appeals Docket #: 07-2901 Nature of Suit: 2442 Jobs Rodney Graves v. UMB Bank Financial Corporation Appeal From: U.S. District Court for the Western District of Missouri - Kansas City

Docketed: 08/16/2007

Case Type Information: 1) Civil 2) United States as a party 3) null

Originating Court Information:

District: 0866-4 : 4:04-cv-01084-GAF

Court Reporter: Denna Lamken, Court Reporter

Court Reporter: Elizabeth Shinn, Court Reporter

Trial Judge: Gary A. Fenner, U.S. District Judge

Date Filed: 12/01/2004

Date Order/Judgment:

Date NOA Filed:

06/08/2007

08/03/2007

Date Rec'd COA: 08/03/2007

Prior Cases: None

Current Cases: None

Equal Employment Opportunity Commission Plaintiff
Rodney Graves Intervenor plaintiff - Appellant

Lynne Bratcher Direct: 816-221-1614 [COR LD NTC Retained] BRATCHER & GOCKEL 1100 Main Street P.O. Box 26156 Kansas City, MO 64196-6156
Marie Gockel Direct: 816-221-1614 [COR LD NTC Retained] BRATCHER & GOCKEL 1100 Main Street

1 of 5

4/14/2008 3:25 PM

07-2901 Docket

https://ecf.ca8.uscourts.gov/cmecf/servlet/TransportRoom

P.O. Box 26156 Kansas City, MO 64196-6156
Kristi Kingston Direct: 816-221-1614 [COR LD NTC Retained] BRATCHER & GOCKEL 1100 Main Street P.O. Box 26156 Kansas City, MO 64196-6156
v.

UMB Bank Financial Corporation, doing business as William C. Martucci

UMB Bank

Direct: 816-474-6550

Defendant - Appellee

[COR LD NTC Retained]

SHOOK & HARDY

Firm: 816-474-6550

2555 Grand Boulevard

Kansas City, MO 64108-2613

Carrie A. McAtee Direct: 816-474-6550 [COR LD NTC Retained] SHOOK & HARDY Firm: 816-474-6550 2555 Grand Boulevard Kansas City, MO 64108-2613

Equal Employment Opportunity Commission, Plaintiff
Rodney Graves, Intervenor plaintiff - Appellant
v. UMB Bank Financial Corporation, doing business as UMB Bank,
Defendant - Appellee

08/16/2007 08/16/2007

Civil case docketed. [3342184] [07-2901]
Originating court document filed consisting of notice of appeal, order of 6/8/07, district court docket entries link, [3342187] [07-2901]

2 of 5

4/14/2008 3:25 PM

07-2901 Docket

https://ecf.ca8.uscourts.gov/cmecf/servlet/TransportRoom

08/16/2007
08/21/2007 08/21/2007 08/21/2007 08/24/2007 08/24/2007 08/27/2007
08/28/2007
08/29/2007
09/05/2007 09/14/2007 09/14/2007 10/03/2007 10/03/2007 11/13/2007

BRIEFING SCHEDULE SET AS FOLLOWS: Transcript due on or before 09/25/2007. Appendix due 10/05/2007. Brief appellant, Rodney Graves due 10/05/2007 Appellee brief is due 30 days following service of appellant's brief. Appellant reply brief is due 14 days following service of appellee brief. [3342193] [07-2901]
APPEARANCE FILED by Attorney Ms. Carrie A. McAtee for Appellee UMB Bank Financial Corporation w/service 08/21/2007 [3343303] [07-2901]
APPEARANCE FILED by Attorney Mr. William C. Martucci for Appellee UMB Bank Financial Corporation w/service 08/21/2007 [3343503] [07-2901]
CORPORATE disclosure statement filed by Appellee UMB Bank Financial Corporation. FOR CAL. [3343752] [07-2901]
APPEARANCE FILED by Attorney Ms. Kristi Kingston for Appellant Mr. Rodney Graves w/service 08/24/2007 [3345302] [07-2901]
Certificate of transcript filed by Appellant Mr. Rodney Graves. Transcript ordered 8-20-07 [07-2901]
MOTION for extension of time to file the record until 09/14/2007, filed by Appellant Mr. Rodney Graves w/service 08/27/2007. [3345655] [07-2901] DOCUMENT SEALED, ATTORNEY CONTACTED AND ASKED TO REFILE THE DOCUMENT USING THE CORRECT ENTRY. Modified by YML
MOTION Extension of Time to File Notice of Method of Appendix Preparation and Designation of Statement of Issues on Appeal, filed by Appellant Mr. Rodney Graves w/service 08/27/2007. Document attached:Extension of Time to file Notice of Method of Prep of Appendix.pdf. [3346099] [07-2901]
CLERK ORDER:Granting [3346099-2] motion for extension of time to file Method of Appendix Preparation, Designation of Record and Statement of Issues. The above referenced document are due 9/14/07. All other deadlines will remain as originally established by the scheduling order. filed by Appellant Mr. Rodney Graves. [3346713] [07-2901]
APPEARANCE FILED by Attorney Ms. Marie Gockel for Appellant Mr. Rodney Graves w/service 09/05/2007 [3348529] [07-2901]
METHOD of appendix preparation filed by Appellant Mr. Rodney Graves - Separate Appendix [3352031] [07-2901]
DESIGNATION of record filed by Appellant Mr. Rodney Graves. w/service 09/14/2007 [3352040] [07-2901]
Motion of Court Reporter Ms. Elizabeth Shinn for extension of time to file transcript until 10/29/2007. w/service 09/27/2007. [3358738] [07-2901]
CLERK ORDER:Granting [3358738-2] Court Reporter motion extension of time to file transcript filed by Ms. Elizabeth Shinn. Transcript now due on 10/29/2007. Brief of Rodney Graves due 11/13/2007 [3358740] [07-2901]
MOTION for extension of time to file brief until 12/04/2007 at 11:59 pm, filed by Appellant Mr. Rodney Graves w/service 11/13/2007. [3372415] [07-2901]

3 of 5

4/14/2008 3:25 PM

07-2901 Docket

https://ecf.ca8.uscourts.gov/cmecf/servlet/TransportRoom

11/14/2007 11/20/2007 12/04/2007 12/05/2007 12/18/2007 12/19/2007
12/20/2007 12/20/2007
12/26/2007
12/26/2007 01/03/2008 01/15/2008 01/16/2008 01/16/2008 02/08/2008

CLERK ORDER:Granting [3372415-2] motion for extension of time to file brief filed by Appellant Mr. Rodney Graves. Brief of Rodney Graves due 12/04/2007. Appendix due on 12/04/2007 [3373074] [07-2901]
RECORD FILED - Record Part: TRANSCRIPT, No. of Volumes: 6, Volumes Location: STL, Source Location: USDC / WM, Dt. of Proceeding/Hearing: 01/16/2007 - 1/23/2007, No. of Pgs.: 1314, Court Reporter: Shinn, Elizabeth [3374552] [07-2901]
MOTION for extension of time to file brief until 12/18/2007, filed by Appellant Mr. Rodney Graves w/service 12/04/2007. [3379004] [07-2901]
CLERK ORDER:Granting [3379004-2] motion for extension of time to file brief filed by Appellant Mr. Rodney Graves. Brief of Rodney Graves due 12/18/2007. Appendix due on 12/18/2007 [3379088] [07-2901]
MOTION for extension of time to file brief until 12/21/2007, filed by Appellant Mr. Rodney Graves w/service 12/18/2007. [3383751] [07-2901]
CLERK ORDER:Granting [3383751-2] motion for extension of time to file brief filed by Appellant Mr. Rodney Graves. Brief of Rodney Graves due 12/21/2007. Appendix due on 12/21/2007; NO FURTHER EXTENSIONS WILL BE GRANTED. [3384019] [07-2901]
MOTION to file an overlength brief of up to an additional 3,000 word limit, filed by Appellant Mr. Rodney Graves w/service 12/20/2007. [3384671] [07-2901]
CLERK ORDER:Granting [3384671-2] motion to file an overlength brief filed by Appellant Mr. Rodney Graves. Motion to file brief in excess of limits set forth in FRAP Rule 32 (a)(A) and (B) is granted. Brief of 17,000 words may be filed. [3384811] [07-2901]
BRIEF FILED - APPELLANT BRIEF filed by Mr. Rodney Graves , w/service 12/21/2007. 81 PDF pages No Addendum, 10 copies, Defects- See attached deficiency list :no addendum 16,995 words. Appellee/Responsive brief of UMB Bank Financial Corporation due on 01/22/2008.. [3386665-1] [07-2901]
RECORD FILED - Record Part: APLNT/PET APPENDIX, No. of Volumes: 2, Volumes Location: St. Louis, Comments: 3 copies [3386675] [07-2901]
BRIEF CORRECTION for brief filed by Appellant in 07-2901 , Document No., [3386665-2]. Corrections to brief :Addendum. [3387992] [07-2901]
MOTION for extension of time to file brief until 02/20/2008 at 05:00 pm, filed by Appellee UMB Bank Financial Corporation w/service 01/15/2008. [3392226] [07-2901]
CLERK ORDER:Granting in Part [3392226-2] motion for extension of time to file brief filed by Appellee UMB Bank Financial Corporation [3392460] Brief of UMB Bank Financial Corporation due 02/12/2008. [3392460] [07-2901]
BRIEF CORRECTION for brief filed by Appellant in 07-2901 , Document No., [3386665-2]. Corrections to brief :Page 61. [3392529] [07-2901]
MOTION for extension of time to file brief until 03/13/2008, filed by Appellee UMB Bank Financial Corporation w/service 02/08/2008. [3400584] [07-2901]

4 of 5

4/14/2008 3:25 PM

07-2901 Docket

https://ecf.ca8.uscourts.gov/cmecf/servlet/TransportRoom

02/08/2008
03/04/2008
03/05/2008 03/17/2008 03/17/2008 03/27/2008 03/27/2008 04/02/2008

CLERK ORDER:Granting in Part [3400584-2] motion for extension of time to file brief filed by Appellant Mr. Rodney Graves and Appellee UMB Bank Financial Corporation [3400966] Brief of UMB Bank Financial Corporation due 03/03/2008. [3400966] [07-2901]
BRIEF FILED - APPELLEE BRIEF filed by UMB Bank Financial Corporation, doing business as UMB Bank, w/service03/03/2008 64PDF pages No Addendum, 10 copies, Defects -see attached Brief Deficiency notice:COVER COLOR 12,663 words. Reply brief of Rodney Graves due on 03/17/2008. [3409248-1] [07-2901]--[Edited 03/07/2008 by YML]
BRIEF CORRECTION for brief , Document No., [3409248-2]. Corrections to brief :Color Covers. [3410213] [07-2901]
MOTION for extension of time to file brief until 03/27/2008 at 06:00 pm, filed by Appellant Mr. Rodney Graves w/service 03/17/2008. [3413241] [07-2901]
CLERK ORDER:Granting [3413241-2] motion for extension of time to file brief filed by Appellant Mr. Rodney Graves. Reply brief of Rodney Graves due 03/27/2008 [3413593] [07-2901]
MOTION for extension of time to file brief until 04/01/2008 at 06:00 pm, filed by Appellant Mr. Rodney Graves w/service 03/27/2008. [3417500] [07-2901]
CLERK ORDER:Granting [3417500-2] motion for extension of time to file brief filed by Appellant Mr. Rodney Graves. Reply brief of Rodney Graves due 04/01/2008 [3417693] [07-2901]
BRIEF FILED - APPELLANT REPLY BRIEF filed by Mr. Rodney Graves ,. w/service 04/01/2008 34 PDF pages, NoAddendum 10 copies. Words/lines/pages6,984 words. , [3420257] [07-2901]

PACER Service Center

Transaction Receipt

04/14/2008 15:24:30

PACER Login: wu0079

Client Code: eeoc

Description:

Docket Report (filtered)

Search Criteria: 07-2901

Billable Pages: 3

Cost:

0.24

5 of 5

4/14/2008 3:25 PM


On December 1, 2004 the Equal Employment Opportunity Commission (EEOC) filed this lawsuit in the United States District Court for the Western District of Missouri. EEOC sued UMB Financial Corporation (UMB) under Title I of the Americans with Disabilities Act of 1990 and Title I of the Civil Rights Act of 1991. With the assistance of private counsel, the complainant intervened in the lawsuit shortly after the EEOC filed this lawsuit and sought declaratory and injunctive relief, as well as punitive damages. Specifically, EEOC and the plaintiff claimed that the defendant engaged in unlawful employment practices by failing and refusing to hire the plaintiff to their sales department because of his disability, quadriplegia. The case was assigned to Judge Howard Sachs.

On November 28, 2005, EEOC filed a motion for partial summary judgment. It alleged that it made a good faith effort to conciliate with the defendant to resolve the claims before filing suit. On January 25, 2006 Judge Sachs recused himself and the case was reassigned to Judge Gary A. Fenner. On March 17, 2006, Judge Fenner denied the motion for partial summary judgment and the case was stayed for 60 days. 432 F. Supp. 2d 948. The court found that EEOC refused to meet face-to-face with the defendant to conciliate, and therefore failed to satisfy its duty to conciliate in good faith.

In January 2007, the case then went to trial before a jury. At the close of the plaintiff's case, the defendant filed for judgment as a matter of law, which was denied. The jury found in favor of the defendant and awarded $11,478.87 in costs against the plaintiff.

The plaintiff appealed the decision to the U.S. Court of Appeals for the Eighth Circuit on August 3, 2007 (Docket No. 07-02901). On March 13, 2009, the court issued an opinion affirming the lower court judgment. The case is now closed.