Case: McCullough v. City of Independence, Missouri

4:05-cv-00946 | U.S. District Court for the Western District of Missouri

Filed Date: Oct. 7, 2005

Closed Date: 2005

Clearinghouse coding complete

Case Summary

On October 7, 2005 the United States Department of Justice ("D.O.J.") filed a lawsuit under Uniformed Services Employment and Reemployment Act of 1994, 38 U.S.C. §§ 4301-4333 ("USERRA"), in the US District Court for the Western District of Missouri, against the City of Independence, Missouri. The D.O.J asked the court for injunctive and compensatory relief, alleging that the defendant had violated USERRA by suspending and placing on probation a firefighter because of his failure to provide unn…

On October 7, 2005 the United States Department of Justice ("D.O.J.") filed a lawsuit under Uniformed Services Employment and Reemployment Act of 1994, 38 U.S.C. §§ 4301-4333 ("USERRA"), in the US District Court for the Western District of Missouri, against the City of Independence, Missouri. The D.O.J asked the court for injunctive and compensatory relief, alleging that the defendant had violated USERRA by suspending and placing on probation a firefighter because of his failure to provide unnecessary documentation related to his active military service.

Specifically, the complaint alleges that the City of Independence, Missouri violated USERRA by: (1) requiring the firefighter to provide official military orders or an official memorandum or letter to indicate that he was absent for military purposes, suspending him from employment, and placing him on a six month probationary period; and (2) failing and refusing to take appropriate action to remedy the effects of the violations described above, including failing and refusing to pay the firefighter for the period he was not allowed to work due to his suspension and to clear his personnel profile of any wrongdoing in this matter.

On December 6, 2005, the District Court (Judge Fernando J. Gaitan Jr.) entered the consent decree agreed upon by the parties. The consent decree provides that the defendant: (1) shall not take any action against any person which constitutes retaliation or interference with the exercise of such person's rights under USERRA, or because such person gave testimony or assistance or participated in any manner of proceeding or investigation connected with this case; (2) shall compensate the firefighter for the loss of monetary compensation incurred as a result of suspension and probation; (3) acknowledge that any advance written or verbal notification of an obligation or intent to perform service in the uniformed services provided to an employer by the employee who will perform such services or by the uniformed service in which such service is to be performed constitutes adequate and proper notice of military leave; (4) shall not discipline any employee for failing to provide notice for military leave when these requirement are met.

The case was closed on December 6, 2005.

Summary Authors

James Floyd (11/6/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4660111/parties/mccullough-v-independence-missouri-city-of/


Judge(s)

Gaitan, Fernando J. Jr. (Missouri)

Attorneys(s) for Plaintiff

Avila, David Pablo (District of Columbia)

Palmer, David J. (District of Columbia)

Schlozman, Bradley (District of Columbia)

Woodard, Karen D. (District of Columbia)

Attorneys(s) for Defendant

Garner, B Allen (Missouri)

Expert/Monitor/Master

Thomas, Charles M. (Missouri)

Judge(s)

Gaitan, Fernando J. Jr. (Missouri)

Attorneys(s) for Plaintiff

Avila, David Pablo (District of Columbia)

Palmer, David J. (District of Columbia)

Schlozman, Bradley (District of Columbia)

Woodard, Karen D. (District of Columbia)

Attorneys(s) for Defendant

Garner, B Allen (Missouri)

Expert/Monitor/Master

Thomas, Charles M. (Missouri)

Documents in the Clearinghouse

Document

Docket

U.S. District Court for the Eastern District of Missouri

Dec. 6, 2005 Docket
1

Complaint

McCullough v. City of Indepenence, Missouri

Oct. 7, 2005 Complaint
3

Consent Decree

Dec. 6, 2005 Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4660111/mccullough-v-independence-missouri-city-of/

Last updated May 20, 2022, 1:27 a.m.

ECF Number Description Date Link
1

COMPLAINT against Independence, Missouri, City of (Filing fee $250 receipt number 0000000000) Service due by 2/6/2006, filed by Charles M. Thomas on behalf of Wesley A. McCullough. (Attachments: # 1 Civil Cover Sheet)(Thomas, Charles) (Entered: 10/07/2005)

Oct. 7, 2005
3

Consent Decree [granting 2 joint motion for entry of consent decree]. (Enss, Rhonda)

Dec. 6, 2005 RECAP

The document originally filed as Document #2, NOTICE of filing ... Consent Decree , has been deleted per Administrative Procedures regarding Proposed Orders. Modified on 10/11/2005 (Jones, Robin). (Entered: 10/07/2005)

Oct. 7, 2005

NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on October 7, 2005 as Document #2, NOTICE of filing... Consent decree . The document has been deleted. Per Administrative Procedures, proposed orders should be emailed to the Courtroom Deputy in Word Perfect format. This is a text entry only - no document is attached. (Jones, Robin) (Entered: 10/11/2005)

Oct. 11, 2005
2

MOTION for order Joint Motion for Entry of Consent Decree filed byCharles M. Thomas on behalf of all parties Suggestions in opposition/response due by 11/9/2005 unless otherwise directed by the court (Thomas, Charles) (Entered: 10/25/2005)

Oct. 25, 2005

State / Territory: Missouri

Case Type(s):

Equal Employment

Key Dates

Filing Date: Oct. 7, 2005

Closing Date: 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A firefighter who took leave to attend military drills as an army reserve

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

City of Independence, Missouri, City

Defendant Type(s):

Fire

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)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General:

Disparate Treatment

Discrimination-area:

Accommodation / Leave

Pay / Benefits

Discrimination-basis:

Military status discrimination

Affected Gender:

Male