Case: Donelan v. City of Highland Heights

2:06-cv-00225 | U.S. District Court for the Eastern District of Kentucky

Filed Date: Dec. 21, 2006

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On December 21, 2006, an Air Force reservist filed a lawsuit under the Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. §§ 4301-4333 in the U.S. District Court for the Eastern District of Kentucky against City of Highland Heights. The plaintiff sought injunctive and compensatory damages, alleging that the defendant discriminated against him with respect to employment when he enlisted in the United States Air Force Reserve.

The complaint alleges that the City of Highland Heights discriminated on the basis of uniformed services employment by: (1) making hostile remarks about the plaintiff's military service; (2) refusing differential pay between a police officer's City wage and military salary; and (3) terminating the plaintiff's employment after his return from a reserve drill. A settlement was reached but the details could not be obtained.

On October 15, 2007, the parties agreed to an entry of dismissal.

Summary Authors

Erin Forman (10/25/2007)

People


Judge(s)

Bertelsman, William Odis (Kentucky)

Wehrman, J. Gregory (Kentucky)

Attorneys(s) for Plaintiff

Geller, Clare F (District of Columbia)

Harris, Ondray (District of Columbia)

Palmer, David J. (District of Columbia)

Quantanilla, Victor (District of Columbia)

Tamburo, Esther Gwen (District of Columbia)

Attorneys(s) for Defendant

Franzen , Steven J. (Kentucky)

Green, Amanda Vina (Kentucky)

Sweeney, Thomas A. (Kentucky)

Judge(s)

Bertelsman, William Odis (Kentucky)

Wehrman, J. Gregory (Kentucky)

Attorneys(s) for Plaintiff

Geller, Clare F (District of Columbia)

Harris, Ondray (District of Columbia)

Palmer, David J. (District of Columbia)

Quantanilla, Victor (District of Columbia)

Tamburo, Esther Gwen (District of Columbia)

Attorneys(s) for Defendant

Franzen , Steven J. (Kentucky)

Green, Amanda Vina (Kentucky)

Sweeney, Thomas A. (Kentucky)

Documents in the Clearinghouse

Document

2:06-cv-00225

Docket (PACER)

Donelan v. City of Highland Heights

Oct. 15, 2007

Oct. 15, 2007

Docket
1-1

2:06-cv-00225

Complaint

Dec. 21, 2006

Dec. 21, 2006

Complaint
32

2:06-cv-00225

Status Report

Donelan v. City of Highland Heights

Sept. 28, 2007

Sept. 28, 2007

Pleading / Motion / Brief

Resources

Docket

Last updated July 23, 2022, 3:19 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT, filed by Sean P. Donelan. (Attachments: # 1 Case Assignment Sheet# 2 Civil Cover Sheet # 3 Certificate of Service on Complaint and Request for Waiver of Summons)(LSG) Modified on 12/26/2006 (to clarify record on service)(Maxie, Joyce). (Entered: 12/21/2006)

Dec. 21, 2006

Dec. 21, 2006

Conflict Check run. (LSG) (Entered: 12/21/2006)

Dec. 21, 2006

Dec. 21, 2006

2

REQUEST FOR WAIVER of Service sent to Steven Franzen, Esquire on 12/21/06 by Sean P. Donelan. Waiver of Service due by 1/22/2007. (Geller, Clare) (Entered: 01/03/2007)

Jan. 3, 2007

Jan. 3, 2007

3

WAIVER OF SERVICE Returned Executed by Sean P. Donelan. City of Highland Heights waiver sent on 12/21/2006, answer due 2/20/2007. (Geller, Clare) Modified text to indicate returned executed by Sean P. Donelan on 1/9/2007 (Greiwe, Linda). (Entered: 01/03/2007)

Jan. 3, 2007

Jan. 3, 2007

NOTICE OF DOCKET MODIFICATION TO Clare Geller re 3 Waiver of Service Executed ; Error: Attorney selected the wrong filer; Entry made by attorney; Correction: Clerk has added the Plaintiff, Sean P. Donelan, as the filer. Attorney advised to contact the ECF help desk if assistance is needed in choosing the correct filers.; cc: COR (LSG) (Entered: 01/09/2007)

Jan. 9, 2007

Jan. 9, 2007

4

ANSWER to Complaint by City of Highland Heights.(Sweeney, Thomas) (Entered: 01/23/2007)

Jan. 23, 2007

Jan. 23, 2007

5

REPORT of Rule 26(f) Planning Meeting. (Geller, Clare) Additional attachment(s) added on 3/15/2007 (Greiwe, Linda). (Entered: 03/15/2007)

March 15, 2007

March 15, 2007

6

CERTIFICATE OF SERVICE re 5 Report of Parties' Planning Meeting by Sean P. Donelan.(Geller, Clare) (Entered: 03/15/2007)

March 15, 2007

March 15, 2007

7

FIRST MOTION for Protective Order by Sean P. Donelan (Attachments: # 1 Memorandum in Support # 2 Affidavit Certification for Protective Order# 3 Proposed Order # 4 Exhibit Exhibit 1 - Defendant's Answers to Interrogatories.pdf# 5 Exhibit Exhibit 2 - Defendant's First Set of Interrogatories.pdf# 6 Exhibit Exhibit 3 - Defendant's First Set of Requests.pdf# 7 Exhibit Exhibit 4 - Plaintiff's Answer to Defendant's First Set of Requests.pdf# 8 Exhibit Exhibit 5 - Correspondence Between Counsel# 9 Exhibit Exhibit 6 - Maxwell v. Health Center of Lake City# 10 Exhibit Exhibit 7 - Richards v. Convergys Corp# 11 Certificate of Service)(Geller, Clare) (Entered: 04/25/2007)

April 25, 2007

April 25, 2007

8

ORDER: Docket Call is set for 5/15/2007 01:00 PM in Covington before Judge William O. Bertelsman. Signed by Judge William O. Bertelsman. (JMM)cc: COR (Entered: 05/01/2007)

May 1, 2007

May 1, 2007

9

NOTICE OF MANDATORY ECF DIRECTED TO STEVEN J. FRANZEN, a non-registered attorney re 8 Order Setting Hearings had to be MAILED TO a non-registred attorney, which is in direct violation of this court's General Orders re: Mandatory ECF. Failure to comply will result in this matter being submitted to the Chief Judge. cc: COR (JMM) (Entered: 05/01/2007)

May 1, 2007

May 1, 2007

10

MOTION to Compel by Sean P. Donelan (Attachments: # 1 Memorandum in Support # 2 Affidavit Certification# 3 Proposed Order # 4 Certificate of Service# 5 Exhibit 1: April 27, 2007 Letter# 6 Exhibit 2 Part 1: Plaintiff's First Set Of Interrogatories# 7 Exhibit 2 - Part 2: Plaintiff's Request For Production# 8 Exhibit 3: April 25, 2007 Letter)(Geller, Clare) (Entered: 05/01/2007)

May 1, 2007

May 1, 2007

11

RESPONSE to Motion re 7 FIRST MOTION for Protective Order by Sean P. Donelan filed by City of Highland Heights. (Attachments: # 1 Exhibit Exhibit 1 - Authorizations and Releases# 2 Exhibit Exhibit 2 - Subpoenas# 3 Exhibit Exhibit 3 - Letter to Counsel# 4 Exhibit Exhibit 4 - Affidavit of Carl Mullen# (5) Exhibit Exhibit 5 - Application for Employment# (6) Exhibit Exhibit 6 - Background Investigation - Part 1 of 4# (7) Exhibit Exhibit 6 - Background Investigation - Part 2 of 4# (8) Exhibit Exhibit 6 - Background Investigation - Part 3 of 4# (9) Exhibit Exhibit 6 - Background Investigation - Part 4 of 4# (10) Exhibit Exhibit 7 - Witness Statement# 11 Exhibit Exhibit 8 - Settlement Agreement)(Sweeney, Thomas)Sealed exhibits 5- 11 per 21Order placed on shelf in clerk's office. Modified text to include "sealed..." on 6/1/2007 (Greiwe, Linda). (Entered: 05/08/2007)

May 8, 2007

May 8, 2007

12

NOTICE of Appearance by Victor David Quintanilla on behalf of Sean P. Donelan For Esther G. Tamburo (Quintanilla, Victor) Additional attachment(s) added on 5/10/2007 (Greiwe, Linda). (Entered: 05/08/2007)

May 8, 2007

May 8, 2007

NOTICE OF DEFICIENCY TO Victor Quintanilla re 12 Notice of Appearance; ERROR 1 Attorney failed to provide a certificate of service with the pleading. Attorney advised that each pleading must have a certificate of service. Within 3 business days , the attorney shall file the certificate of service as an attachment to a pleading styled "Notice of Filing"; ERROR 2 Signature on document and filer do not match; error by attorney; the name of the Filing User under whose login and password the document is submitted must be typed in the space where the signature would otherwise appear. cc: COR (LSG) (Entered: 05/09/2007)

May 9, 2007

May 9, 2007

13

NOTICE OF FILING by Sean P. Donelan Certificate Of Service Relating To Notice Of Appearance (Attachments: # 1 Exhibit 1: Notice of Appearance# 2 Exhibit 2: Certificate of Service# 3 Certificate of Service For Notice of Filing)(Quintanilla, Victor) (Entered: 05/09/2007)

May 9, 2007

May 9, 2007

14

RESPONSE to Motion re 10 MOTION to Compel by Sean P. Donelan filed by City of Highland Heights. (Attachments: # 1 Exhibit Exhibit 1 - Defendant's Discovery Responses# 2 Exhibit Exhibit 2 - Correspondence from Plaintiff's Counsel# 3 Exhibit Exhibit 3 - Defendant's Supplemental Discovery Responses# 4 Exhibit Exhibit 4 - Proposed Protective Order)(Sweeney, Thomas) (Entered: 05/11/2007)

May 11, 2007

May 11, 2007

15

REPLY BRIEF to 7 FIRST MOTION for Protective Order Plaintiff's Motion for a Protective Order filed by Sean P. Donelan. (Attachments: # 1 Certificate of Service)(Geller, Clare) (Entered: 05/14/2007)

May 14, 2007

May 14, 2007

16

NOTICE OF FILING by Sean P. Donelan (Attachments: # 1Certificate of Service # 2Certificate of Service)(Geller, Clare) (Entered: 05/14/2007)

May 14, 2007

May 14, 2007

18

ORDER; 1)Case referred to Magistrate Judge J. Gregory Wehrman to supervise discovery and pretrial proceedings including setting final pretrial conference and trial dates. Case to revert back to undersigned to hold final pretrial conference and trial; 2)Mag. Judge to conduct pretrial and status conferences, to establish discovery and all other deadlines and to rule on non- dispositive motions. Dispositive motions, motions in limine, final pretrial conference and trial will be referred back to the U.S. District Judge unless the parties agree to a trial by a Mag. Judge; 3)Mag. Judge to set a realistic trial date. Signed by Judge William O. Bertelsman. (LSG)cc: COR (Entered: 05/16/2007)

May 15, 2007

May 15, 2007

17

MINUTE ENTRY FOR DOCKET CALL held on 5/15/2007 before Judge William O. Bertelsman; 1)Court orders the parties to proceed w/deposition of Pla, Sean P. Donelan, which shall include obtaining personnel records from previous employers w/the exclusion of any medical records; 2)Pretrial proceedings, including 10 Motion to Compel and 7 Motion for Protective Order are referred to Magistrate Judge J. Gregory Wehrman; 3)Although documents must now be filed electronically, a paper court courtesy copy must be provided to CHAMBERS w/in 48 hours of filing a brief or memorandum in support of any motion, where such brief or memorandum (including any attached exhibits) exceeds 10 pages. (COURT REPORTER: JOAN AVERDICK) (LSG)cc: COR (Entered: 05/16/2007)

May 16, 2007

May 16, 2007

MOTIONS 7 FIRST MOTION for Protective Order by Sean P. Donelan, 10 MOTION to Compel by Sean P. Donelan REFERRED to Judge Magistrate Judge J. Gregory Wehrman. (LSG) (Entered: 05/16/2007)

May 16, 2007

May 16, 2007

19

REPLY to Response to Motion re 10 MOTION to Compel by Exhibit Letter# 2 Certificate of Service)(Geller, Clare) (Entered: 05/22/2007)

May 22, 2007

May 22, 2007

***MOTION SUBMITTED TO CHAMBERS of Judge J. Gregory Wehrman for review: 7 FIRST MOTION for Protective Order by Sean P. Donelan, 10 MOTION to Compel by Sean P. Donelan (LSG) (Entered: 05/23/2007)

May 23, 2007

May 23, 2007

20

(ORDER)MINUTE ENTRY FOR TELEPHONE CONFERENCE held on 5/30/2007 before Judge J. Gregory Wehrman; 1)Pla's 7 FIRST MOTION for Protective Order prohibiting def from seeking discovery of propensity evidence from former employers is denied in part, however, the part of the motion seeking to prevent def from deposing pla's former employers is taken under submission as follows: (a) By 6/1/2007, def to provide the Court the identity of former employers and the purpose of the deposition; (b) Pla to file their responses by 6/5/2007; 2)Def's proposed protective order w/appropriate changes shall be promptly executed after which, the def shall provide responses to document request 16, 17, 17, 24, 25, and 29 and interrogatories 9, 10, 13 and 14; Pla's 10 MOTION to Compel is Granted; 3)Pla to promptly execute a medical authorizaion for his psychological records contained in the Wilder Police Department file; 4)All records by this Order shall be provided by 6/6/2007. (LSG)cc: COR (Entered: 05/31/2007)

May 30, 2007

May 30, 2007

21

ORDER; Clerk to place Exhibits 5-11 of 11 Response to Motion filed by City of Highland Heights, under seal. Signed by Judge J. Gregory Wehrman. (LSG)cc: COR (Entered: 06/01/2007)

May 31, 2007

May 31, 2007

22

Proposed Agreed Order/Stipulation Protective Order by City of Highland Heights. (Green, Amanda) (Entered: 06/04/2007)

June 4, 2007

June 4, 2007

***FILE SUBMITTED TO CHAMBERS of Judge J. Gregory Wehrman for review: 22 Proposed Agreed Order/Stipulation (LSG) (Entered: 06/04/2007)

June 4, 2007

June 4, 2007

23

PROTECTIVE ORDER; (See order for details). Signed by Judge J. Gregory Wehrman. (LSG)cc: COR (Entered: 06/06/2007)

June 6, 2007

June 6, 2007

24

TRANSCRIPT of Official Proceedings consisting of 10 pages: Docket Call held on 5/15/2007 before Judge William O. Bertelsman. Court Reporter: Joan Averdick. (LSG) (Entered: 06/07/2007)

June 7, 2007

June 7, 2007

26

JOINT MOTION to Amend/Correct by Sean P. Donelan, City of Highland Heights Report of Parties' Planning Meeting and Joint Proposed Scheduling Plan (Attachments: # 1 certificate of service)(Geller, Clare) Additional attachment(s) added on 6/18/2007 (Greiwe, Linda). (Entered: 06/14/2007)

June 14, 2007

June 14, 2007

NOTICE OF DEFICIENCY TO Clare Geller re 26 JOINT MOTION to Amend/Correct by Sean P. Donelan, City of Highland Heights; attorney has failed to submit a proposed order as an electronic attachment to the motion. Entry by attorney;; Attorney shall file document entitled a Notice of Filing with a certificate of service as the main pleading with the proposed order as an attachment to the Notice of Filing within 3 business days cc: COR (LSG) (Entered: 06/15/2007)

June 15, 2007

June 15, 2007

27

NOTICE OF FILING by Sean P. Donelan (Attachments: # 1 # 2)(Geller, Clare) (Entered: 06/18/2007)

June 18, 2007

June 18, 2007

***MOTION SUBMITTED TO CHAMBERS of Judge J. Gregory Wehrman for review: 26 JOINT MOTION to Amend/Correct by Sean P. Donelan (LSG) (Entered: 06/18/2007)

June 18, 2007

June 18, 2007

28

MOTION for Leave by City of Highland Heights to File Amended Answer (Attachments: # 1 Memorandum in Support of Motion for Leave to File Amended Answer# 2 Exhibit Proposed Amended Answer# 3 Proposed Order granting Leave to File Amended Answer)(Green, Amanda) (Entered: 06/19/2007)

June 19, 2007

June 19, 2007

NOTICE OF DEFICIENCY TO Amanda Green re 28 MOTION for Leave by City of Highland Heights; Signature on document and filer do not match; Entry by attorney; the name of the Filing User under whose login and password the document is submitted must be typed in the space where the signature would otherwise appear. No further action required by counsel. cc: COR (LSG) (Entered: 06/20/2007)

June 20, 2007

June 20, 2007

29

ORDER; 1)GRANTING 26 JOINT MOTION to Amend/Correct Scheduling Order; 2)Discovery, except for expert depositions due by 9/28/2007 with Status reports due the same day; 3)Pla to disclose expert witnesses and produce reports by 10/12/2007 w/experts to be available for depos by 11/9/2007; Def to disclose expert witnesses and produce their reports by 11/23/2007 w/experts to be available for depos by 12/21/2007; 4)Any Motions to dismiss, motions for summary judgment or motions for judgment on the pleadings due by 2/1/2008 with Responses due by 2/22/2008 and any Replies due by 3/14/2008. Signed by Judge J. Gregory Wehrman. (LSG)cc: COR (Entered: 06/20/2007)

June 20, 2007

June 20, 2007

***MOTION SUBMITTED TO CHAMBERS of Mag. Judge J. Gregory Wehrman for review: 28 MOTION for Leave by City of Highland Heights (LSG) (Entered: 07/10/2007)

July 10, 2007

July 10, 2007

30

ORDER granting 28 Motion for Leave to file amended answer. Def's proposed amended answer to be filed. Signed by Judge J. Gregory Wehrman. (LSG)cc: COR (Entered: 07/12/2007)

July 12, 2007

July 12, 2007

31

AMENDED ANSWER to Complaint by City of Highland Heights. FILED PURSUANT TO 30 ORDER (LSG) (Entered: 07/12/2007)

July 12, 2007

July 12, 2007

32

STATUS REPORT by Sean P. Donelan. (Geller, Clare) (Entered: 09/28/2007)

Sept. 28, 2007

Sept. 28, 2007

33

ORDER: On or before 11/5/07 Counsel shall submit an Agreed Entry of Dismissal for the signature of Judge William O. Bertelsman. Signed by Judge J. Gregory Wehrman. (JMM)cc: COR (Entered: 10/03/2007)

Oct. 3, 2007

Oct. 3, 2007

34

STIPULATION of Dismissal by Sean P. Donelan. (Geller, Clare) (Entered: 10/10/2007)

Oct. 10, 2007

Oct. 10, 2007

***FILE SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: 34 Stipulation of Dismissal (LSG) (Entered: 10/11/2007)

Oct. 11, 2007

Oct. 11, 2007

35

AGREED ENTRY OF DISMISSAL; Pla notifies court, action is dismissed w/prejudice. Both parties to assume their own fees and costs. Signed by Judge William O. Bertelsman. (LSG)cc: COR (Entered: 10/15/2007)

Oct. 15, 2007

Oct. 15, 2007

Case Details

State / Territory: Kentucky

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 21, 2006

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Sean P. Donelan, a United States Air Force reservist

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 Highland Heights (Highland Heights, Campbell), City

Defendant Type(s):

Parks

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

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Pay / Benefits

Discrimination-basis:

Military status discrimination