Case: Brantner v. Total Logistic Control, Inc.

5:07-cv-00391 | U.S. District Court for the Central District of California

Filed Date: April 4, 2007

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On April 4, 2007, the U.S. Department of Justice ("D.O.J.") filed a lawsuit under the Uniformed Services Employment and Reemployment Rights Act of 1994,38 U.S.C. Section 4301 - 4333 against Total Logistic Control in the U.S. District Court of the Central Court of California on behalf of an employee who was also a member of the Air National Guard. The D.O.J. sought injunctive, monetary, and declaratory relief.The employee enlisted in the California Air National Guard in 2001 and later applied fo…

On April 4, 2007, the U.S. Department of Justice ("D.O.J.") filed a lawsuit under the Uniformed Services Employment and Reemployment Rights Act of 1994,38 U.S.C. Section 4301 - 4333 against Total Logistic Control in the U.S. District Court of the Central Court of California on behalf of an employee who was also a member of the Air National Guard. The D.O.J. sought injunctive, monetary, and declaratory relief.

The employee enlisted in the California Air National Guard in 2001 and later applied for the Airmen's Leadership School while he was working for the defendant. The employee was accepted into the school in 2003 and gave verbal notice to the defendant of his intent to attend the school in March of 2003. The defendant asked the employee not to attend the school, however, the employee refused to comply with the demand. The defendant then asked the employee to resign from his position in April of 2003, but the employee refused. He was then told that he no longer worked for the defendant. The employee attended the school from April of 2003 until May of 2003. Upon his return, he requested his former job back and was told that he could not be reemployed. The D.O.J. alleges that the defendant violated USSERA by discriminating against the employee and by refusing to reemploy him.

On May 17, 2007, the district court (Judge Stephen G. Larson) entered a consent decree whereby the employee agreed not to pursue any further claims against defendant, and defendant in turn paid employee an undisclosed amount of money and reinstated him.

We have no further information on this case.

Summary Authors

Janani Iyengar (11/26/2007)

People


Judge(s)

Larson, Stephen G. (California)

Rayburn, John Charles Jr. (California)

Attorneys(s) for Plaintiff

Gardner, Leslie M. (District of Columbia)

Palmer, David J. (District of Columbia)

Quintanilla, Victor D (District of Columbia)

Roth, Christine M. (District of Columbia)

Attorneys(s) for Defendant

Hughes, Kathy (Minnesota)

Judge(s)

Larson, Stephen G. (California)

Rayburn, John Charles Jr. (California)

Attorneys(s) for Plaintiff

Gardner, Leslie M. (District of Columbia)

Palmer, David J. (District of Columbia)

Quintanilla, Victor D (District of Columbia)

Roth, Christine M. (District of Columbia)

Attorneys(s) for Defendant

Hughes, Kathy (Minnesota)

Documents in the Clearinghouse

Document

Docket (PACER)

Earl G. Brantner v. Total Logistic Control, Inc.

May 17, 2007 Docket
1

Complaint

Earl G. Brantner v. Total Logistic Control, Inc.

April 4, 2007 Complaint
4

Stipulation to Entry of Settlement Agreement

Earl G. Brantner v. Total Logistic Control, Inc.

May 17, 2007 Settlement Agreement

Docket

Last updated May 12, 2022, 8 p.m.

Docket sheet not available via the Clearinghouse.

State / Territory: California

Case Type(s):

Equal Employment

Key Dates

Filing Date: April 4, 2007

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

U.S. Department of Justice on behalf of employee who joined the Air National Guard

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Total Logistic Control, Inc. (Riverside), Private Entity/Person

Defendant Type(s):

Retailer

Case Details

Causes of Action:

Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. § 4301

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Mixed

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General:

Pattern or Practice

Discrimination-area:

Accommodation / Leave

Discharge / Constructive Discharge / Layoff

Seniority

Discrimination-basis:

Military status discrimination