Case: Kevin T. Bower v. Roadway Express, Inc.

3:06-cv-00282 | U.S. District Court for the District of Oregon

Filed Date: March 1, 2006

Clearinghouse coding complete

Case Summary

On March 1, 2006, plaintiff, a disabled veteran, brought suit in the U.S. District Court for the District of Oregon under 38 U.S.C. §§4311, 4312, and 4313 of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) against Roadway Express, Inc. The plaintiff, represented by the U.S. Department of Justice, ask the court for declaratory relief and injunctive relief reinstating the plaintiff to an equivalent position as he would have occupied had he remained employed at Roadw…

On March 1, 2006, plaintiff, a disabled veteran, brought suit in the U.S. District Court for the District of Oregon under 38 U.S.C. §§4311, 4312, and 4313 of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) against Roadway Express, Inc. The plaintiff, represented by the U.S. Department of Justice, ask the court for declaratory relief and injunctive relief reinstating the plaintiff to an equivalent position as he would have occupied had he remained employed at Roadway, as well as damages equal to lost wages, claiming that his discharge by Roadway violated USERRA.

The plaintiff began working for Roadway, Inc. as a truck driver in 1998. In 1999, the plaintiff informed Roadway that he had enlisted in the U.S. Army. Immediately after being informed, Roadway demanded the plaintiff's resignation, which he did not give. Plaintiff went on active duty in 1999. In 2000, the plaintiff received a flu shot while on active duty, after which he contracted a staph infection, endocarditis, and a vertebral bone infection rendering him disabled. As a result of his disability, the Army honorably discharged him in 2001. Upon the plaintiff's return to Roadway from active duty, he was falsely informed that only reservists were protected under USERRA. Plaintiff underwent a fit-for-duty medical examination, which found that, while he could not work in his previous position as a result of his disability, he could adequately fill several other positions at Roadway. Nevertheless, Roadway informed the plaintiff that, because he could not return to his duties as a truck driver, Roadway would not return him to work. Roadway never discussed with the plaintiff any other position of equal seniority, status, and pay as required by USERRA.

In November of 2006, the parties entered into a confidential settlement agreement, and the court dismissed the case.

Summary Authors

Kevin Nomura (3/2/2015)

People


Judge(s)

Hubel, Dennis James (Oregon)

Attorneys(s) for Plaintiff

Evans, Neil J. (Oregon)

Hammond, Kristofor J (District of Columbia)

Immergut, Karin Johanna (Oregon)

Kim, Wan J. (District of Columbia)

Palmer, David J. (District of Columbia)

Roth, Christine M. (District of Columbia)

Silver, Ronald K. (Oregon)

Attorneys(s) for Defendant

Eckelberry, Rodger L. (Ohio)

Williams, Jeffrey T. (Ohio)

Judge(s)

Hubel, Dennis James (Oregon)

Attorneys(s) for Plaintiff

Evans, Neil J. (Oregon)

Hammond, Kristofor J (District of Columbia)

Immergut, Karin Johanna (Oregon)

Kim, Wan J. (District of Columbia)

Palmer, David J. (District of Columbia)

Roth, Christine M. (District of Columbia)

Silver, Ronald K. (Oregon)

Attorneys(s) for Defendant

Eckelberry, Rodger L. (Ohio)

Williams, Jeffrey T. (Ohio)

Documents in the Clearinghouse

Document

3:06-cv-00282

Docket [PACER]

Bower v. Roadway Express, Inc.

Nov. 13, 2006

Nov. 13, 2006

Docket
1

3:06-cv-00282

Complaint

March 1, 2006

March 1, 2006

Complaint

Resources

Docket

Last updated Aug. 10, 2022, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

Complaint. Fee waived.Filed by Kevin T Bower against Roadway Express, Inc..(ecp, ) (Entered: 03/02/2006)

March 1, 2006

March 1, 2006

2

Discovery and Pretrial Scheduling Order and Notice of Case Assignment to the Honorable Dennis J. Hubel. Discovery is to be completed by 6/29/2006. Joint Alternate Dispute Resolution Report is due by 7/31/2006. Pretrial Order is due by 7/31/2006. Ordered by Judge Dennis J. Hubel. (ecp, ) (Entered: 03/02/2006)

March 1, 2006

March 1, 2006

3

Waiver of Service of Summons −− Accepted by Roadway Express, Inc. on 3/14/06. Filed by Kevin T Bower. (ljl, ) (Entered: 03/22/2006)

March 21, 2006

March 21, 2006

4

Notice of Attorney Substitution:. Filed by Neil J. Evans appearing on behalf of Kevin T Bower.(Evans, Neil) (Entered: 03/23/2006)

March 23, 2006

March 23, 2006

5

Answer to Complaint with Jury Demand Answer and Affirmative Defenses . Filed by Roadway Express, Inc..(Symes, David) (Entered: 05/04/2006)

May 4, 2006

May 4, 2006

6

Corporate Disclosure Statement. Filed by Roadway Express, Inc.. (Symes, David) (Entered: 05/04/2006)

May 4, 2006

May 4, 2006

7

Order Granting Application for Special Admission Pro Hac Vice of Jeffrey T. Williams for Roadway Express, Inc.. Application Fee in amount of $100 collected. Receipt No. 9259 issued. Signed on 5/5/06 by Judge Dennis J. Hubel. (ljl, ) (Entered: 05/08/2006)

May 5, 2006

May 5, 2006

8

Order Granting Application for Special Admission Pro Hac Vice of Rodger L. Eckelberry for Roadway Express, Inc.. Application Fee in amount of $100 collected. Receipt No. 9259 issued. Signed on 5/5/06 by Judge Dennis J. Hubel. (ljl, ) (Entered: 05/08/2006)

May 5, 2006

May 5, 2006

9

Notice of Appearance by attorney Kristofor Jay Hammond and attorney Christine Roth . Filed by Kristofor Jay Hammond appearing on behalf of Kevin T Bower.(Hammond, Kristofor) (Entered: 05/11/2006)

May 11, 2006

May 11, 2006

10

Scheduling Order by Judge Dennis J. Hubel: A Rule 16 Conference is set on June 14, 2006, at 9:30 a.m. by telephone. The court will place the call. Local Rules 16.2(b) and 26.1(a)(b) require that counsel confer prior to the conference. At the conference, counsel should be prepared to discuss the status of the case, relevant dates and deadlines, and any other significant issues. Plaintiff shall advise the court at the conference whether or not there will be full consent to proceed before magistrate judge in the case. If consents are going to be filed, it is helpful if they are filed prior to the time of the conference, particularly with respect to the setting of trial. (kb, ) (Entered: 05/17/2006)

May 17, 2006

May 17, 2006

11

Record of Rule 16 Conference held before Judge Dennis J. Hubel: ORDER − setting a new case schedule. (see formal order) Kristofor Jay Hammond; Christine Ross present as counsel for plaintiff(s). David Symes; Jeffrey Williams present as counsel for defendant(s). Court Reporter: KB/FTR. (kb, ) (Entered: 06/14/2006)

June 14, 2006

June 14, 2006

12

Full Consent by all Parties to Jurisdiction by US Magistrate Judge. (ljl, ) (Entered: 07/17/2006)

July 17, 2006

July 17, 2006

13

Scheduling Order by Judge Dennis J. Hubel: The court having been notified that this case has settled, the telephone status conference set to take place November 9, 2006 at 10:00 a.m. is STRICKEN from the calendar. (kb) (Entered: 11/08/2006)

Nov. 8, 2006

Nov. 8, 2006

14

Notice of Settlement.Filed by Kevin T Bower. (Hammond, Kristofor) (Entered: 11/09/2006)

Nov. 9, 2006

Nov. 9, 2006

15

Order Dismissing Case, with prejudice and without costs, and with leave, upon good cause shown within sixty (60) days, to have this order of dismissal set aside and the action reinstated if the settlement is not consummated. Signed on 11/13/06 by Deputy Clerk Kathleen Bartholomew. (kb) (Entered: 11/13/2006)

Nov. 13, 2006

Nov. 13, 2006

Case Details

State / Territory: Oregon

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: March 1, 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Honorably discharged veteran rendered disabled by endocarditis and vertebral bone infection while on active duty seeks to return to same or equivalent job with his former employer.

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

Roadway Express, Inc. (Overland Park), Private Entity/Person

Defendant Type(s):

Transportation

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:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Hiring

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Discrimination-basis:

Military status discrimination