Case: United States v. City of Pontiac

2:94-cv-74997 | U.S. District Court for the Eastern District of Michigan

Filed Date: Dec. 13, 1994

Closed Date: 1997

Clearinghouse coding complete

Case Summary

On December 13th, 1994, the United States Department of Justice ("DOJ") filed an employment discrimination lawsuit in the U.S. District Court for the Eastern District of Michigan against the City of Pontiac under the Americans with Disabilities Act (ADA) (42 U.S.C. §§ 12111 et seq.). The DOJ contended that the city had violated the Act by disqualifying and refusing to hire an fire-fighter applicant who scored high on the city's tests but only had one fully functioning eye. The applicant, who h…

On December 13th, 1994, the United States Department of Justice ("DOJ") filed an employment discrimination lawsuit in the U.S. District Court for the Eastern District of Michigan against the City of Pontiac under the Americans with Disabilities Act (ADA) (42 U.S.C. §§ 12111 et seq.). The DOJ contended that the city had violated the Act by disqualifying and refusing to hire an fire-fighter applicant who scored high on the city's tests but only had one fully functioning eye. The applicant, who had 17 years of firefighter experience with monocular vision, was disqualified after a medical exam found that he did not meet standards issued by the National Fire Protection Association.

The parties conducted discovery until May 19th, 1997 when a settlement conference was held. On August 14th, 1997, the District Court (Judge Denis Page Hood) entered a Consent Decree. The terms of the decree are unknown.

The only documents the Clearinghouse possesses for this case are the docket and the Plaintiff's brief in support of its motion for summary judgement. All information is gleaned from those sources.

Summary Authors

Jennifer Hau (11/27/2007)

Kenneth Gray (8/7/2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/10377182/parties/united-states-v-pontiac-city/


Judge(s)

Hood, Denise Page (Michigan)

Attorney for Plaintiff

Bowen, L. Irene (District of Columbia)

Miller, Edward (District of Columbia)

Attorney for Defendant

Fleury, Thomas L. (Michigan)

Expert/Monitor/Master/Other

Genser, Erick J. (District of Columbia)

Documents in the Clearinghouse

Documents in this case

2:94-cv-74997

Docket

United States v. Pontiac City

Aug. 14, 1997

Aug. 14, 1997

Docket
103

2:94-cv-74997

Plaintiff United States' Brief in Support of its Motion for Summary Judgment

Jan. 17, 1996

Jan. 17, 1996

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/10377182/united-states-v-pontiac-city/

Last updated Oct. 24, 2026, 5:57 a.m.

Docket for: United States v. Pontiac City
ECF Number Date Description Link
1 Dec. 13, 1994

COMPLAINT with jury demand - Fee waived (cd) (Entered: 12/16/1994)

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Dec. 13, 1994

(tm)

2 Dec. 30, 1994

SUMMONS returned executed by US Marshal on 12/16/94 - answer due 1/5/95 for Pontiac City (ls) (Entered: 12/30/1994)

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3 Jan. 5, 1995

AFFIRMATIVE defenses by Pontiac City (db) (Entered: 01/05/1995)

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Jan. 11, 1995

SCHEDULE: by Judge Denise P. Hood scheduling conference set for 3:45 2/21/95 (bl)

4 Jan. 13, 1995

NOTICE of scheduling conference (Jc) (Entered: 01/17/1995)

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5 Jan. 26, 1995

JOINT proposed discovery plan (Jc) (Entered: 01/27/1995)

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Feb. 21, 1995

SCHEDULING conference held - Judge Denise P. Hood (bl)

6 Feb. 27, 1995

PRETRIAL scheduling order by Judge Denise P. Hood - deadline for witness list set for 5/22/95, deadline for discovery set for 6/21/95, deadline for filing motions set for 7/21/95, final pretrial conference set for 2:45 on 8/21/95, civil jury trial set for 9:30 on 8/29/95 (ls) (Entered: 02/28/1995)

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7 April 26, 1995

APPEARANCE for plaintiff USA of attorney Bebe Novich and change of address with proof of mailing (ld) (Entered: 05/03/1995)

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8 May 5, 1995

MOTION by plaintiff to compel discovery of documents with brief, attachments and proof of mailing (db) (Entered: 05/10/1995)

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9 May 9, 1995

MOTION by defendant Pontiac City to modify scheduling order dealines including trial date with brief in support and proof of mailing (lt) (Entered: 05/12/1995)

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10 May 10, 1995

SUBPOENA returned executed by US Marshal on 4/28/95 as to Myra Kruger (db) (Entered: 05/15/1995)

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11 May 10, 1995

SUBPOENA returned executed by US Marshal on 4/28/95 as to Mr. Malchi McQueen (db) (Entered: 05/15/1995)

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12 May 10, 1995

SUBPOENA returned executed by US Marshal on 5/3/95 as to Lawrence Lyons (db) (Entered: 05/15/1995)

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13 May 10, 1995

SUBPOENA returned executed by US Marshal on 5/3/95 as to Dr. Diedre Holloway (db) (Entered: 05/15/1995)

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14 May 16, 1995

NOTICE of hearing on motion to modify scheduling order dealines including trial date by Pontiac City [9-1] with proof of mailing (lt) (Entered: 05/22/1995)

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May 16, 1995

SCHEDULE: by Judge Denise Page Hood hearing on motion to modify scheduling order dealines including trial date by Pontiac City [9-1] set for 11:15 6/19/95 (bl)

15 May 17, 1995

ORDER by Judge Denise Page Hood, referring motion to compel discovery of documents by USA [8-1] to Magistrate Judge Thomas A. Carlson, for hearing and determination with proof of mailing (lt) (Entered: 05/23/1995)

RECAP
16 May 18, 1995

RESPONSE (BRIEF IN OPPOSITION) by plaintiff USA to motion to modify scheduling order dealines including trial date by Pontiac City [9-1] with attachments and proof of mailing (lt) (Entered: 05/23/1995)

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17 May 19, 1995

RESPONSE by defendant Pontiac City in opposition to motion to compel discovery of documents by USA [8-1] with proof of mailing (generic) (Entered: 05/24/1995)

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18 May 22, 1995

WITNESS list by defendant Pontiac City with proof of mailing (generic) (Entered: 05/24/1995)

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19 May 22, 1995

WITNESS list by plaintiff USA with proof of mailing (generic) (Entered: 05/24/1995)

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20 May 23, 1995

SUBPOENA returned executed by process server on 5/16/95 as to Dennis Henderson and George Spencer for deposition (generic) (Entered: 05/24/1995)

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21 May 25, 1995

NOTICE of hearing on motion to compel discovery of documents by USA [8-1] before Magistrate Judge Carlson with proof of mailing (generic) (Entered: 06/01/1995)

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May 25, 1995

SCHEDULE: by Magistrate Judge Thomas A. Carlson hearing on motion to compel discovery of documents by USA [8-1] set for 1:30 6/15/95 (vs)

22 May 26, 1995

MOTION by defendant Pontiac City for protective order with brief and proof of mailing (generic) (Entered: 06/02/1995)

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23 May 31, 1995

OBJECTIONS by defendant Pontiac City to witness list by USA [19-1] (lh) (Entered: 06/05/1995)

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25 May 31, 1995

PROOF of mailing of pleading 23 and 24 (lh) (Entered: 06/05/1995)

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26 May 31, 1995

DEFENDANT'S initial, expert related disclosures pursuant to and in conformity with FED. R. CIV. P. 26(a)(2)(B) and (a) (4) (ls) (Entered: 06/05/1995)

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27 May 31, 1995

PROOF of mailing of defendant's initial, expert related disclosures pursuant to and in conformity with Fed R Civ P 26(a)(2)(B) and (a)(4) (ls) (Entered: 06/05/1995)

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28 May 31, 1995

SUBPOENA returned executed by process server on 5/26/95 as to City of Wixom (ls) (Entered: 06/05/1995)

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29 June 2, 1995

REPLY by plaintiff USA to defendant's response to motion to compel discovery of documents by USA [8-1] with proof of mailing (lh) (Entered: 06/06/1995)

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24 June 5, 1995

AMENDED affirmative defenses by defendant Pontiac City (lh) (Entered: 06/05/1995)

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30 June 6, 1995

SUBPOENA returned executed by US Marshal as to Dr Aida Khalil on 5/19/95 with attachment (ls) (Entered: 06/15/1995)

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31 June 9, 1995

MOTION by plaintiff USA for leave of Court to take more than ten depositions with points and authorities in support (generic) (Entered: 06/19/1995)

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32 June 13, 1995

EXPERT WITNESS REPORT on behalf of plaintiff USA (generic) (Entered: 06/19/1995)

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June 15, 1995

MOTION hearing held on motion for leave of Court to take more than ten depositions by USA [31-1] GRANTED, motion to compel discovery of documents by USA [8-1] - disposition: GRANTED IN PART - Magistrate Judge Thomas A. Carlson - Court Reporter: Carlson 95-090 (vs)

33 June 16, 1995

PROOF of mailing by USA of reports of Frank H. Landy, Ph.D., William A. Monaco, Ph.D., James J. Hunter, III, Vincent Tomacich, and Michael Toohey (MM) (Entered: 06/20/1995)

RECAP
34 June 19, 1995

ORDER by Magistrate Judge Thomas A. Carlson granting motion for leave of Court to take more than ten depositions by USA [31-1] and granting in part motion to compel discovery of documents by USA [8-1] with proof of mailing (ls) (Entered: 06/28/1995)

RECAP
35 June 19, 1995

APPEARANCE for plaintiff USA of attorney Allison Nichol with proof of mailing (ls) (Entered: 06/28/1995)

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36 June 19, 1995

AMENDED PRETRIAL scheduling order by Judge Denise Page Hood - deadline for witness list set for 10/8/95, deadline for discovery set for 11/8/95, deadline for filing motions for 12/8/95, final pretrial conference set for 2:30 on 1/22/96, civil jury trial set for 9:30 on 1/30/96 (ls) (Entered: 06/28/1995)

RECAP
June 19, 1995

MOTION hearing held on motion to modify scheduling order dealines including trial date by Pontiac City [9-1] - disposition: Motion Granted - Judge Denise Page Hood - Court Reporter: Cheryl Warren-Daniel (bl)

37 June 21, 1995

RESPONSE by plaintiff to objection by Pontiac City [23-1] with proof of mailing (ls) (Entered: 06/28/1995)

RECAP
38 June 24, 1995

ORDER by Judge Denise Page Hood, referring motion for protective order by Pontiac City [22-1] to Magistrate Judge Thomas A. Carlson, for hearing and determination with proof of mailing (lt) (Entered: 06/29/1995)

RECAP
39 June 26, 1995

NOTICE by defendant Pontiac City of completion of deposition of Dennis Henderson on 6/8/95 in the custody of Thomas Fleury (lt) (Entered: 06/29/1995)

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40 July 3, 1995

PLAINTIFF'S rebuttal expert report (ls) (Entered: 07/06/1995)

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41 July 12, 1995

ORDER by Magistrate Judge Thomas A. Carlson deeming motion for protective order by Pontiac City [22-1] withdrawn with proof of mailing (MM) (Entered: 07/14/1995)

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42 July 12, 1995

PROOF of mailing by defendant of responses to plaintiff's first request for admission of facts (MM) (Entered: 07/14/1995)

RECAP
43 July 21, 1995

APPEARANCE and notice for defendant Pontiac City of attorney Cynthia T. Walker with proof of mailing (lh) (Entered: 07/25/1995)

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44 Aug. 4, 1995

SUBPOENA returned executed by US Marshal on 6/5/95 as to Dr. Richard Gerkin (generic) (Entered: 08/08/1995)

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45 Aug. 4, 1995

SUBPOENA returned unexecuted, service attempted by U S Marshal on 6/12/95 upon Dr. Michael Vance (generic) (Entered: 08/08/1995)

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46 Sept. 1, 1995

SUBPOENA returned executed by US Marshal as to Dr. James E. Sheedy on 8/21/95 (ls) (Entered: 09/05/1995)

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47 Sept. 20, 1995

MOTION by plaintiff to determine the sufficiency of answers to requests for admissions with brief, proposed order and proof of mailing (ls) (Entered: 09/21/1995)

RECAP
48 Sept. 20, 1995

APPENDICES by plaintiff to motion to determine the sufficiency of answers to requests for admissions by USA [47-1] (ls) (Entered: 09/21/1995)

RECAP
49 Sept. 20, 1995

MOTION by plaintiff to compel discovery and for expedited hearing on motion to compel with brief, proposed order, certification of compliance with LR 7.1 and proof of mailing (brief and proof not signed) (ls) (Entered: 09/21/1995)

RECAP
50 Sept. 20, 1995

APPENDICES by plaintiff to motion to compel discovery by USA [49-1] (ls) (Entered: 09/21/1995)

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51 Oct. 4, 1995

NOTICE by defendant to withdraw affirmative defenses 9, 11, 12, & 13 with proof of mailing (ls) (Entered: 10/05/1995)

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52 Oct. 5, 1995

RESPONSE by defendant Pontiac City to motion to determine the sufficiency of answers to requests for admissions [47-1] with brief, attachments and proof of mailing (lh) (Entered: 10/10/1995)

RECAP
53 Oct. 5, 1995

RESPONSE by defendant Pontiac City to motion to compel discovery by USA [49-1] with brief, attachments and proof of mailing (lh) (Entered: 10/10/1995)

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54 Oct. 6, 1995

WITNESS list by plaintiff USA with proof of mailing (lh) (Entered: 10/10/1995)

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55 Oct. 11, 1995

WITNESS list by defendant Pontiac City with proof of mailing (amended as of 5/22/95 list) (lh) (Entered: 10/11/1995)

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56 Oct. 11, 1995

NOTICE of filing of deposition with the court in compliance with Local Rule 26.2 of Gene Carmean and M. Joseph Fedoruk with proof of mailing (MM) (Entered: 10/12/1995)

RECAP
57 Oct. 11, 1995

DEPOSITION of Gene Carmean taken on 9/19/95 (MM) (Entered: 10/12/1995)

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58 Oct. 11, 1995

DEPOSITION of M. Joseph Fedoruk, M.D. taken on 9/21/95 (MM) (Entered: 10/12/1995)

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59 Oct. 13, 1995

REPLY brief by plaintiff USA to response to motion to compel discovery by USA [49-1] with attachments and proof of mailing (generic) (Entered: 10/16/1995)

RECAP
60 Oct. 14, 1995

ORDER by Judge Denise Page Hood, referring motion to determine the sufficiency of answers to requests for admissions by USA [47-1] to Magistrate Judge Thomas A. Carlson, for hearing and determination with proof of mailing (generic) (Entered: 10/16/1995)

RECAP
61 Oct. 17, 1995

RETURN of service of subpoenas and notices of Rule 30 deposition of Dr. Marion Fedoruk and Gene Carmean executed by US Marshal; on 9/11/95 via fax per permission of both attorneys with attorneys (lt) (Entered: 10/18/1995)

RECAP
62 Oct. 18, 1995

ORDER by Judge Denise Page Hood referring motion to compel discovery by USA [49-1], motion for expedited on motion to compel by USA [49-2] to Magistrate Judge Thomas A. Carlson, for hearing and determination (ls) (Entered: 10/19/1995)

RECAP
63 Oct. 19, 1995

OBJECTIONS by defendant Pontiac City to witness list by USA [19-1] with proof of mailing (ld) (Entered: 10/20/1995)

RECAP
64 Oct. 19, 1995

REPLY by plaintiff USA to response to motion to determine the sufficiency of answers to requests for admissions by [47-1] with proof of mailing (ld) (Entered: 10/20/1995)

RECAP
65 Oct. 20, 1995

NOTICE by the court of hearing on motion to compel discovery [49-1], and motion for expedited hearing on motion to compel by USA [49-2] (ld) (Entered: 10/23/1995)

RECAP
Oct. 20, 1995

SCHEDULE: by Magistrate Judge Thomas A. Carlson hearing on motion to compel discovery by USA [49-1] set for 9:30 11/2/95, motion for expedited hearing on motion to compel by USA [49-2] set for 9:30 11/2/95, motion to determine the sufficiency of answers to requests for admissions by USA [47-1] set for 9:30 11/2/95 (vs)

66 Oct. 25, 1995

MOTION by defendant Pontiac City for leave to promulgate more than 75 Interrogatories with brief, exhibits and proof of mailing (generic) (Entered: 10/26/1995)

RECAP
67 Oct. 28, 1995

ORDER by Judge Denise Page Hood, referring motion for leave to promulgate more than 75 Interrogatories by Pontiac City [66-1] to Magistrate Judge Thomas A. Carlson, for hearing and determination with proof of mailing (lt) (Entered: 10/30/1995)

RECAP
68 Oct. 31, 1995

EX PARTE MOTION by defendant to file brief in support of summary judgment in excess of twenty (20) pages with brief, notice hearing and proof of mailing (ls) (Entered: 11/01/1995)

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69 Nov. 2, 1995

UNOPPOSED motion and brief by plaintiff USA to file exceed page limit of its brief in support of motion for summary judgment with proposed order and proof of mailing (lh) (Entered: 11/02/1995)

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70 Nov. 2, 1995

ORDER by Magistrate Judge Thomas A. Carlson denying motion to determine the sufficiency of answers to requests for admissions by USA [47-1], denying motion to compel discovery by USA [49-1], granting in part motion for leave to promulgate more than 75 Interrogatories by Pontiac City [66-1] with proof of mailing (lh) (Entered: 11/03/1995)

RECAP
Nov. 2, 1995

MOTION hearing held on motion to compel discovery by USA [49-1], motion for expedited hearing on motion to compel by USA [49-2], motion to determine the sufficiency of answers to requests for admissions by USA [47-1] - disposition: DENIED - Magistrate Judge Thomas A. Carlson - Court Reporter: Carlson 95-169 (vs)

Nov. 2, 1995

MOTION hearing held on motion for leave to promulgate more than 75 Interrogatories by Pontiac City [66-1] - disposition: GRANTED IN PART - Magistrate Judge Thomas A. Carlson - Court Reporter: Carlson 95-169 (vs)

71 Nov. 3, 1995

ORDER by Judge Denise Page Hood granting motion to file brief in support of summary judgment in excess of twenty (20) pages by Pontiac City [68-1] (lh) (Entered: 11/06/1995)

RECAP
72 Nov. 3, 1995

RE ASSERTION of affirmative defense No. 11 by defendant Pontiac City with proof of mailing (lh) (Entered: 11/06/1995)

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73 Nov. 14, 1995

MOTION by plaintiff USA to strike notice to withdraw affirmative defenses and re assertion of its affirmative defense no. 11 by Pontiac City [24-1] by Pontiac City [72-1] with brief, attachments and proof of mailing (lt) (Entered: 11/15/1995)

RECAP
74 Nov. 15, 1995

MOTION by plaintiff to clarify Magistrate's order and to forgo oral argument on its motion to clarify with brief, attachment and proof of mailing (ls) (Entered: 11/16/1995)

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75 Nov. 17, 1995

COURT ordered statemnt by defendant Pontiac City of the expected testimony of all its listed witnesses with proof of mailing (lh) (Entered: 11/20/1995)

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76 Nov. 20, 1995

ORDER by Judge Denise Page Hood referring motion to strike notice to withdraw affirmative defenses and re assertion of its affirmative defense no. 11 by Pontiac City [24-1] by Pontiac City [72-1] by USA [73-1] to Magistrate Judge Thomas A. Carlson for hearing and determination (lh) (Entered: 11/21/1995)

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77 Nov. 22, 1995

TRANSCRIPT taken on 11/2/95 of Plaintiff's motion to compel discovery of Ms. Novich (ld) (Entered: 11/22/1995)

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78 Nov. 30, 1995

NOTICE of hearing on motion to strike by USA [73-1], motion to clarify Magistrate's order by USA [74-1], and setting deadline for response (MM) (Entered: 12/04/1995)

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79 Nov. 30, 1995

RESPONSE by defendant Pontiac City to motion to clarify Magistrate's order by USA [74-1], motion to forgo oral argument on its motion to clarify by USA [74-2] with brief, exhibits and proof of mailing (MM) Modified on 12/04/1995 (Entered: 12/04/1995)

RECAP
80 Nov. 30, 1995

RESPONSE by defendant Pontiac City to motion to strike by USA [73-1] with brief, exhibits and proof of mailing (MM) Modified on 12/04/1995 (Entered: 12/04/1995)

RECAP
Nov. 30, 1995

SCHEDULE: by Magistrate Judge Thomas A. Carlson hearing on motion to clarify Magistrate's order by USA [74-1] set for 1:30 12/13/95, motion to forgo oral argument on its motion to clarify by USA [74-2] set for 1:30 12/13/95, motion to strike notice to withdraw affirmative defenses and re assertion of its affirmative defense no. 11 by Pontiac City [24-1] by Pontiac City [72-1] by USA [73-1] set for 1:30 12/13/95 (vs)

81 Dec. 4, 1995

RETURN of service of executed by US Marshal on 10/3/95 as to Mr. A.W. Conners (ld) (Entered: 12/05/1995)

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82 Dec. 4, 1995

RETURN of service of executed by US Marshal on 10/11/95 as to Mr. Tom Healy (ld) (Entered: 12/05/1995)

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83 Dec. 4, 1995

RETURN of service of executed by US Marshal on 10/3/95 as to Mr. Anthony Collier (ld) (Entered: 12/05/1995)

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84 Dec. 4, 1995

RETURN of service of executed by US Marshal on 10/4/95 as to Mr. Lawrence Lyons (ld) (Entered: 12/05/1995)

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85 Dec. 4, 1995

RETURN of service of executed by US Marshal on 10/3/95 as to Ms. Myra Kreuger (ld) (Entered: 12/05/1995)

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86 Dec. 4, 1995

RETURN of service of executed by US Marshal on 9/28/95 as to Malacki McQueen (ld) (Entered: 12/05/1995)

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87 Dec. 4, 1995

STIPULATION and order by Judge Denise Page Hood, extending/rescheduling dates (See order for details) (ld) (Entered: 12/05/1995)

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88 Dec. 4, 1995

SUBPOENA returned executed by U S Marshal on 11/8/95 upon Electra Fulbright (generic) (Entered: 12/06/1995)

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89 Dec. 8, 1995

REPLY by plaintiff to defendant's response to motion to strike notice to withdraw affirmative defenses and re assertion of its affirmative defense no. 11 by Pontiac City [24-1] by City [72-1] by USA [73-1] with proof of mailing (ls) (Entered: 12/12/1995)

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Case Details

State / Territory:

Michigan

Case Type(s):

Equal Employment

Key Dates

Filing Date: Dec. 13, 1994

Closing Date: 1997

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The Department of Justice filing on behalf of an experienced applicant for a Pontiac City firefighter position who only had one fully functioning eye and was rejected despite scoring high on the City's tests various tests for applicants.

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

City of Pontiac

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101 et seq.

Other Dockets:

Eastern District of Michigan 2:94-cv-74997

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Recommended Citation