Case: Bates v. United Parcel Service, Inc.

3:99-cv-02216 | U.S. District Court for the Northern District of California

Filed Date: May 13, 1999

Closed Date: 2012

Clearinghouse coding complete

Case Summary

On May 13, 1999, five employees filed this lawsuit against their employer, United Parcel Service (UPS), in the United States District Court for the Northern District of California. The suit alleged violations of the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12111 et seq., the Fair Employment and Housing Act ("FEHA"), Cal. Gov't Code § 12940 et seq., the Unruh Civil Rights Act, Cal. Civ. Code § 51 et seq., and Cal. Gov't Code § 12920.The plaintiffs, represented by private counsel, al…

On May 13, 1999, five employees filed this lawsuit against their employer, United Parcel Service (UPS), in the United States District Court for the Northern District of California. The suit alleged violations of the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12111 et seq., the Fair Employment and Housing Act ("FEHA"), Cal. Gov't Code § 12940 et seq., the Unruh Civil Rights Act, Cal. Civ. Code § 51 et seq., and Cal. Gov't Code § 12920.

The plaintiffs, represented by private counsel, alleged that the company's hearing tests were discriminatory. Specifically, they alleged that the company's requirement that all drivers meet Department of Transportation hearing standards, which the DOT only required for drivers of vehicles weighing 10,001 pounds or more, precluded assessment of whether individual employees could perform the job. Additionally, plaintiffs alleged that the company failed to develop interactive policies to address the communication barriers in the workplace, and that this failure, in conjunction with the subjective personnel policies regarding hearing standards, created a glass ceiling. They sought injunctive and declaratory relief.

On November 1, 2001, the court (U.S. District Judge Thelton E. Henderson) granted the plaintiffs' motion for class certification and bifurcation. The class consisted of all the employees of UPS since January 25, 1997 who used sign language as a primary means of communication due to hearing loss or limitation and who alleged that their rights were violated by UPS. Phase I of the trial was to consist of the class claims and Phase II was to assess damages and non-class claims. 204 F.R.D. 440 (N.D. Cal. 2001).

On April 8, 2003, the Phase I bench trial commenced. On November 26, 2003, the court (Judge Henderson) approved a settlement agreement regarding the claims concerning accommodations and promotions. 2004 U.S. Dist. LEXIS 21062, (N.D. Cal. 2004). UPS agreed to pay $5.8 million in damages and to reform its policies.

On October 21, 2004, the court issued an injunction ordering UPS to stop using Department of Transportation hearing standards to screen applicants for package-car driving positions and to perform individualized assessments of an individual's ability to become a package-car driver if the applicant could not pass the hearing standard but met all other job requirements, for example, the ability to drive safely and to communicate with the public effectively. The court prohibited deaf individuals who meet the threshold requirements from being categorically excluded. The court held that UPS had applied the DOT standard beyond its intended scope. 2004 U.S. Dist. LEXIS 21062 (N.D. Cal. 2004).

UPS appealed the case to the United States Court of Appeals for the Ninth Circuit. On September 15, 2005, the Ninth Circuit reversed the district court's judgment regarding its finding of liability under the Unruh Act but upheld it in all other respects, placing the burden on the employer to establish that qualifications are job-related and necessary, and finding UPS in violation of the ADA. Thus, the Court of Appeals affirmed in part, reversed in part, and remanded the case. 465 F.3d 1069 (9th Cir. 2005).

The Ninth Circuit, however, heard the case again en banc, and on June 20, 2007, the previous opinion was vacated. The Ninth Circuit (U.S. Circuit Judge M. Margaret McKeown) remanded the case, ordering the employees to prove that they were "qualified individuals" capable of performing the "essential function" of safely driving a package car and for an analysis of reasonable accommodation. Two judges dissented in this ruling. 511 F.3d 974 (9th Cir. 2007).

On June 15, 2009, after three rounds of mediation, the parties reached a final settlement in the case. Under the terms of the settlement, deaf and hard-of-hearing UPS workers and applicants seeking delivery driver jobs would be subject to a new hearing requirement. The settlement covers workers or applicants who have failed or would fail Department of Transportation-established standards for drivers. The protocol sets a new hearing standard that is between the DOT level and zero. So it requires some hearing ability, but at a level lower than the standard established by the Department of Transportation.

The settlement stated that the defendant company would administer the protocol in the same manner and with the same safeguards as the company administers its protocols for vision-impaired and insulin-dependent drivers. The protocol will be used for a year, after which it will be reassessed to determine whether it should continue or be revised. The protocol will then be reviewed by the panel for final approval.

The settlement contained no monetary relief except for $5.25 million in attorneys' fees and costs.

On December 10, 2010, Judge Henderson granted the motion for final approval of the class action settlement. The settlement is the same as the one as described above, except the parties amended the Hearing Protocol to last for two years instead of only one. The court was asked to maintain jurisdiction until this was accomplished.

The jurisdiction of the court was to end July 29, 2012. There has been no activity on the docket that suggests that the court did not relinquish its jurisdiction.

Summary Authors

Kristen Sagar (6/26/2009)

Megan Brown (3/1/2017)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5736225/parties/bates-v-united-parcel-serv/


Judge(s)

Berzon, Marsha Siegel (California)

Berzon [DUPLICATE], Marsha Siegel (California)

Clifton, Richard R. (Hawaii)

Fisher, Raymond C. (California)

Fletcher, Betty Binns (Washington)

Gibson, John R. (Missouri)

Gould, Ronald Murray (Washington)

Hawkins, Michael Daly (Arizona)

Henderson, Thelton Eugene (California)

Ikuta, Sandra Segal (California)

Judge(s)

Berzon, Marsha Siegel (California)

Berzon [DUPLICATE], Marsha Siegel (California)

Clifton, Richard R. (Hawaii)

Fisher, Raymond C. (California)

Fletcher, Betty Binns (Washington)

Gibson, John R. (Missouri)

Gould, Ronald Murray (Washington)

Hawkins, Michael Daly (Arizona)

Henderson, Thelton Eugene (California)

Ikuta, Sandra Segal (California)

Kozinski, Alex (California)

Larson, James L. (California)

McKeown, M. Margaret (California)

Paez, Richard A. (California)

Panelli, Edward A. (California)

Reinhardt, Stephen Roy (California)

Rymer, Pamela Ann (California)

Schroeder, Mary Murphy (Arizona)

Silverman, Barry G. (Arizona)

Smith, Milan Dale Jr. (California)

Thomas, Sidney Runyan (Montana)

Attorneys(s) for Plaintiff

Aubrejuan, Alison (California)

Corbit, Katrina Kasey (California)

Gargalicana, Rowena (California)

Jacobs, Caroline (California)

Knestrick, Kevin M. (California)

Lebowitz, Noah Daniel (California)

Paradis, Laurence W. (California)

Roberson, Camilla Louisa (California)

Schneider, Todd Michael (California)

Swanson, Edward W. (California)

Wallace, Guy B. (California)

Willson, W.H. Hank IV (California)

Attorneys(s) for Defendant

Brass, Rachel (California)

Clark, Rachel A. (District of Columbia)

Collins, Paul J. (California)

Kimball, Steven S. (California)

Martin, Christopher J. (California)

Perry, Mark A. (District of Columbia)

Radez, Patricia Susan (California)

Rose, Amanda M. (California)

Other Attorney(s)

Blackwood, Vincent J. (District of Columbia)

Bossing, Lewis (California)

Brennan, Shane (District of Columbia)

Busby, J. Brett (Texas)

Center, Claudia B. (California)

Conrad, Robin S. (District of Columbia)

Digges, Robert Jr. (Virginia)

Lee, James L. (District of Columbia)

Oldham, Jeffrey L. (Texas)

Reesman, Ann Elizabeth (District of Columbia)

Sloan, Barbara L. (District of Columbia)

Vann, Rae T. (District of Columbia)

Wheeler, Carolyn L. (District of Columbia)

Documents in the Clearinghouse

Document

3:99-cv-02216

Docket [PACER]

Bates, et al v. United Parcel Service

Jan. 10, 2011

Jan. 10, 2011

Docket
163

3:99-cv-02216

Plaintiffs' Motion for Class Certification GRANTED. Plaintiffs' Motion to Bifurcate GRANTED. Plaintiffs' and Defendant's Motions to Strike VACATED as moot.

Bates v. UPS

204 F.R.D. 440, 2001 U.S.Dist.LEXIS 19842

Nov. 2, 2001

Nov. 2, 2001

Order/Opinion
570

3:99-cv-02216

Opinion - finding of fact and conclusions of law

Bates v. United Parcel Service

2004 U.S.Dist.LEXIS 21062

Oct. 21, 2004

Oct. 21, 2004

Order/Opinion

04-17295

Opinion

Bates v. UPS

U. S. Court of Appeals for the Ninth Circuit

465 F.3d 1069, 2006 U.S.App.LEXIS 25293

Oct. 10, 2006

Oct. 10, 2006

Order/Opinion

3:99-cv-02216

United States Court of Appeals for the Ninth Circuit CERTIFIED JUDGMENT

Bates, et al v. United Parcel Service

U. S. Court of Appeals for the Ninth Circuit

511 F.3d 974

Dec. 28, 2007

Dec. 28, 2007

Order/Opinion

3:99-cv-02216

Hearing Protocol Expert Panel Award

Bates v. United Parcel Service

Dec. 19, 2008

Dec. 19, 2008

Magistrate Report/Recommendation
626

3:99-cv-02216

Final Settlement Agreement and Release

Bates v. United Parcel Service

June 15, 2009

June 15, 2009

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5736225/bates-v-united-parcel-serv/

Last updated Aug. 2, 2022, 3:02 a.m.

ECF Number Description Date Link Date / Link
2

ORDER RE COURT PROCEDURE and SCHEDULE by Judge Thelton E. Henderson: Proof of service to be filed by 6/28/99; counsels' case management statement to be filed by 9/3/99; initial case management conference will be held 1:30 9/13/99. (cc: all counsel) (slh, COURT STAFF) (Entered: 05/17/1999)

May 13, 1999

May 13, 1999

591

ORDER designating case for electronic case filing. Signed by Judge Thelton E. Henderson on 11/14/05. (tehlc3, COURT STAFF) (Filed on 11/14/2005)

Nov. 14, 2005

Nov. 14, 2005

RECAP
3

WAIVER OF SERVICE by defendant United Parcel Serv served on 6/2/99 in response to the Request for Waiver sent on 5/13/99 [3:99−cv−02216] (slh, COURT STAFF) (Entered: 06/09/1999)

June 7, 1999

June 7, 1999

602

STIPULATION AND ORDER continuing the Case Management Conference to 6/30/2008 at 01:30 PM. Signed by Judge Thelton E. Henderson on 06/19/08. (rbe, COURT STAFF) (Filed on 3/19/2008)

March 19, 2008

March 19, 2008

RECAP
4

MOTION with memorandum in support before Judge Thelton E. Henderson by defendant to transfer case to the San Jose division [3:99−cv−02216] (slh, COURT STAFF) (Entered: 06/21/1999)

June 18, 1999

June 18, 1999

607

ORDER granting 605 Stipulation filed by Edward Williams, Bert Enos, Eric Bumbala, Babaranti Oloyede, Eric Bates.Case Management Conference reset for 7/28/2008 01:30 PM. Joint Case Management Conference Statement due 7/21/2008. Signed by Judge Thelton E. Henderson on 5/6/2008. (mat, COURT STAFF) (Filed on 5/6/2008)

May 6, 2008

May 6, 2008

RECAP
5

DECLARATION by Timothy J. Geesey on behalf of defendant in support of motion to transfer case to the San Jose division [4−1] [3:99−cv−02216] (slh, COURT STAFF) (Entered: 06/21/1999)

June 18, 1999

June 18, 1999

613

ORDER continuing the Case Management Conference to 2/2/2009 at 01:30 PM. Signed by Judge Thelton E. Henderson on 12/02/08. (rbe, COURT STAFF) (Filed on 12/3/2008)

Dec. 3, 2008

Dec. 3, 2008

RECAP
6

PROOF OF SERVICE by defendant of motion to transfer case to the San Jose division [4−1], declaration [5−1] [3:99−cv−02216] (slh, COURT STAFF) (Entered: 06/21/1999)

June 18, 1999

June 18, 1999

621

ORDER requiring joint case management conference statement on or before 04/29/09. Signed by Judge Thelton E. Henderson on 04/23/09. (tehlc3, COURT STAFF) (Filed on 4/23/2009)

April 23, 2009

April 23, 2009

RECAP
642

STIPULATION AND ORDER Denying re 640 Stipulation Requesting Order Shortening Time. Signed by Judge Thelton E. Henderson on 11/9/10. (tmi, COURT STAFF) (Filed on 11/9/2010)

Nov. 9, 2010

Nov. 9, 2010

RECAP
7

CLERK'S NOTICE resetting hearing on defendant's motion to transfer case to the San Jose division [4−1] 3:00 7/26/99 [3:99−cv−02216] (slh, COURT STAFF) (Entered: 06/22/1999)

June 21, 1999

June 21, 1999

645

STIPULATION AND ORDER Allowing Objector to Appear Telephonically. Signed by Judge Thelton E. Henderson on 12/09/2010. (tmi, COURT STAFF) (Filed on 12/9/2010)

Dec. 9, 2010

Dec. 9, 2010

RECAP
8

OPPOSITION by Plaintiffs to defendants' motion to transfer case to the San Jose division [4−1] [3:99−cv−02216] (tn, COURT STAFF) (Entered: 07/12/1999)

July 6, 1999

July 6, 1999

9

REPLY by defendant United Parcel Serv to opposition to motion to transfer case to the San Jose division [4−1] [3:99−cv−02216] (RS, COURT STAFF) (Entered: 07/13/1999)

July 12, 1999

July 12, 1999

10

NOTICE OF MOTION AND MOTION WITH MEMORANDUM OF POINTS AND AUTHORITIES before Judge Thelton E. Henderson by defendant United Parcel Serv to dismiss plaintiffs' third and fourth caauses of action with Notice set for 8/23/99 at 10:00 a.m. [3:99−cv−02216] (RS, COURT STAFF) (Entered: 07/13/1999)

July 12, 1999

July 12, 1999

11

DECLARATION by Steven S. Kimball on behalf of defendant United Parcel Serv re motion to dismiss plaintiffs' third and fourth caauses of action [10−1] [3:99−cv−02216] (RS, COURT STAFF) (Entered: 07/13/1999)

July 12, 1999

July 12, 1999

RECEIVED Proposed Order ( defendant United Parcel Serv ) re: motion to dismiss plaintiffs' third and fourth caauses of action [10−1] [3:99−cv−02216] (RS, COURT STAFF) (Entered: 07/13/1999)

July 12, 1999

July 12, 1999

12

NOTICE OF MOTION AND MOTION WITH MEMORANDUM OF POINTS AND AUTHORITIES before Judge Thelton E. Henderson by defendant United Parcel Serv to strike class allegations with Notice set for 8/23/99 at 10:00 a.m. [3:99−cv−02216] (RS, COURT STAFF) (Entered: 07/13/1999)

July 12, 1999

July 12, 1999

RECEIVED Proposed Order ( defendant United Parcel Serv ) re: motion to strike class allegations [12−1] [3:99−cv−02216] (RS, COURT STAFF) (Entered: 07/13/1999)

July 12, 1999

July 12, 1999

13

CLERK'S NOTICE resetting time of hearing on defendant's motion to transfer case to the San Jose division [4−1]; time changed from 3:00pm to 10:00am on 7/26/99 [3:99−cv−02216] (slh, COURT STAFF) (Entered: 07/20/1999)

July 16, 1999

July 16, 1999

14

ORDER by Judge Thelton E. Henderson DENYING defendant's motion to transfer case to the San Jose division [4−1] ( Date 7/29/99) (cc: all counsel) [3:99−cv−02216] (slh, COURT STAFF) (Entered: 07/29/1999)

July 28, 1999

July 28, 1999

15

OPPOSITION by Plaintiff Eric Bates, Plaintiff Bert Enos to motion to dismiss plaintiffs' third and fourth caauses of action [10−1] [3:99−cv−02216] (nd, COURT STAFF) (Entered: 08/04/1999)

Aug. 2, 1999

Aug. 2, 1999

17

REPLY MEMORANDUM OF POINTS AND AUTHORITIES by United Parcel Serv in support of motion to dismiss plaintiffs' third and fourth caauses of action [10−1] [3:99−cv−02216] (nd, COURT STAFF) (Entered: 08/13/1999)

Aug. 9, 1999

Aug. 9, 1999

18

REPLY MEMORANDUM OF POINTS AND AUTHORITIES by United Parcel Serv in support of motion to strike class allegations [12−1] [3:99−cv−02216] (nd, COURT STAFF) (Entered: 08/13/1999)

Aug. 9, 1999

Aug. 9, 1999

19

PROOF OF SERVICE by defendant United Parcel Serv of response [18−1], response [17−1] [3:99−cv−02216] (nd, COURT STAFF) (Entered: 08/13/1999)

Aug. 9, 1999

Aug. 9, 1999

20

ORDER by Judge Thelton E. Henderson setting hearing on motion to strike class allegations [12−1] 10:00 9/27/99, setting hearing on motion to dismiss plaintiffs' third and fourth caauses of action [10−1] 10:00 9/27/99 ( Date Entered: 8/13/99) (cc: all counsel) [3:99−cv−02216] (nd, COURT STAFF) (Entered: 08/13/1999)

Aug. 11, 1999

Aug. 11, 1999

21

LETTER dated 8/11/99 from Alison M Aubry confirm that the hearing on defendants' motion to dismiss and to strike will be heard on 10/4/99 at 10:00 and the case management conference will be held 10/12/99 at 3:00 [3:99−cv−02216] (slh, COURT STAFF) (Entered: 08/16/1999)

Aug. 12, 1999

Aug. 12, 1999

Docket Modification (Administrative) to letter [21−1] resetting hearing on defendant's motion to dismiss plaintiffs' third and fourth caauses of action [10−1] and motion to strike class allegations [12−1] 10:00 10/4/99; Case Management Conference reset for 3:00 10/12/99 [3:99−cv−02216] (slh, COURT STAFF) (Entered: 08/16/1999)

Aug. 12, 1999

Aug. 12, 1999

22

CERTIFICATION of discussion of ADR options by Plaintiff Eric Bates, Plaintiff Bert Enos . [3:99−cv−02216] (cs, COURT STAFF) (Entered: 10/06/1999)

Oct. 4, 1999

Oct. 4, 1999

23

MINUTES: (C/R Leo Mankiewicz) (Hearing Date: 10/4/99) that the motion to strike class allegations [12−1] is submitted, that the motion to dismiss plaintiffs' third and fourth caauses of action [10−1] is submitted [3:99−cv−02216] (cs, COURT STAFF) (Entered: 10/06/1999)

Oct. 4, 1999

Oct. 4, 1999

24

JOINT CASE MANAGEMENT STATEMENT and PROPOSED ORDER filed. [3:99−cv−02216] (cs, COURT STAFF) (Entered: 10/06/1999)

Oct. 4, 1999

Oct. 4, 1999

25

MINUTES: (C/R n/a) (Hearing Date: 10/12/99); further Case Management Conference is set for 1:30pm on 2/14/00 ; Court informs counsel of the rulings on the motions that were argued on 10/4; both motions will be denied and a written order is forthcoming; parties are to meet and confer about private mediation; if an agreement cannot be reached counsel shall contact the court for guidance; the parties are limited to taking 25 depos at this time; the remaining parts of the proposed discovery plan are approved by the Court; a joint CMC statement should be filed 10 days prior to the date of the next conference [3:99−cv−02216] (bug, COURT STAFF) (Entered: 10/19/1999)

Oct. 13, 1999

Oct. 13, 1999

26

ORDER by Judge Thelton E. Henderson denying defendant's motion to dismiss plaintiff's third cause of action under Unruh; granting defendant's motion to dismiss plaintiffs' fourth cause of action [10−1] under section 54, and denies defendant's motion to strike plaintiff's class allegations. ( Date Entered: 11/8/99) (cc: all counsel) [3:99−cv−02216] (mmr, COURT STAFF) (Entered: 11/08/1999)

Nov. 4, 1999

Nov. 4, 1999

27

ANSWER by defendant United Parcel Serv to complaint [1−1] [3:99−cv−02216] (bug, COURT STAFF) (Entered: 11/19/1999)

Nov. 15, 1999

Nov. 15, 1999

28

MINUTES: ( C/R none) ( Hearing Date: 12/16/99) for referral to mediation (ADR L.R.6) [3:99−cv−02216] (nd, COURT STAFF) (Entered: 12/21/1999)

Dec. 16, 1999

Dec. 16, 1999

29

CASE MANAGEMENT STATEMENT and PROPOSED ORDER filed. [3:99−cv−02216] (db, COURT STAFF) (Entered: 02/06/2000)

Feb. 4, 2000

Feb. 4, 2000

30

CERTIFICATION of discussion of ADR options by defendant United Parcel Serv . [3:99−cv−02216] (db, COURT STAFF) (Entered: 02/06/2000)

Feb. 4, 2000

Feb. 4, 2000

32

MINUTES: ( C/R not reported) ( Hearing Date: 2/14/00) referring case for adr mediation , and Discovery cutoff set for 5/29/01 ; Deadline for all motion filings is 6/18/01 ; Trial will be held 8:30 9/11/00 ; [3:99−cv−02216] (db, COURT STAFF) (Entered: 02/15/2000)

Feb. 14, 2000

Feb. 14, 2000

31

CLERK'S NOTICE of appointment of mediator, Kenneth H. Natkin [3:99−cv−02216] (bt, COURT STAFF) (Entered: 02/15/2000)

Feb. 15, 2000

Feb. 15, 2000

33

ORDER by Judge Thelton E. Henderson All motions will be heard by 7/23/01, motions to be filed 6/18/01 ; Pretrial conference set for 7/27/01 ; Trial date set for 9/11/01 at 8:30 am for 15 days, Discovery cutoff 5/29/01 ( Date Entered: 2/15/00) (cc: all counsel) [3:99−cv−02216] (db, COURT STAFF) (Entered: 02/15/2000)

Feb. 15, 2000

Feb. 15, 2000

Docket Modification (Administrative) to Scheduling order All motions will be heard by 7/23/01, motions to be filed 6/18/01 ; Pretrial conference set for 7/27/01 ; Trial date set for 9/11/01 at 8:30 am for 15 days, Discovery cutoff 5/29/01 [33−1], order [33−2] Trial will be held 8:30 9/11/01 ; [3:99−cv−02216] (rbe, COURT STAFF) (Entered: 01/23/2001)

Feb. 15, 2000

Feb. 15, 2000

34

MEDIATOR'S Letter to Counsel Mediation phone conference set for 3/10/00 [3:99−cv−02216] (rgd, COURT STAFF) (Entered: 02/28/2000)

Feb. 28, 2000

Feb. 28, 2000

35

STIPULATION and ORDER by Judge Thelton E. Henderson : for extending time for conducting mediation to 5/15/00 (cc: all counsel) [3:99−cv−02216] (db, COURT STAFF) (Entered: 03/13/2000)

March 13, 2000

March 13, 2000

36

STIPULATION and ORDER by Judge Thelton E. Henderson : for protective order (cc: all counsel) [3:99−cv−02216] (db, COURT STAFF) (Entered: 04/04/2000)

April 3, 2000

April 3, 2000

37

PROOF OF SERVICE by defendant United Parcel Serv of [0−0], Scheduling order for protective order [36−1] [3:99−cv−02216] (db, COURT STAFF) (Entered: 04/06/2000)

April 6, 2000

April 6, 2000

ADR session scheduling: Mediation hearing set for 5/12/00 [3:99−cv−02216] (rgd, COURT STAFF) (Entered: 04/26/2000)

April 26, 2000

April 26, 2000

38

CERTIFICATION OF ADR SESSION Mediation session held on 5/12/00 ; process continuing , Mediation hearing set for 6/20/00 filed by neutral Mediator Kenneth H. Natkin (rgd, COURT STAFF) (Entered: 05/25/2000)

May 25, 2000

May 25, 2000

39

MEDIATOR'S Letter to Counsel MED hearing will be held 10:00 7/11/00 ; [3:99−cv−02216] (bt, COURT STAFF) (Entered: 06/26/2000)

June 26, 2000

June 26, 2000

40

NOTICE OF MOTION AND MOTION WITH MEMORANDUM OF POINTS AND AUTHORITIES before Judge Thelton E. Henderson by Plaintiff Eric Bates, Plaintiff Bert Enos to compel depositions, answers, interrogatories, and production of documents. [3:99−cv−02216] (db, COURT STAFF) (Entered: 08/01/2000)

July 31, 2000

July 31, 2000

41

DECLARATION by Alison Aubry on behalf of Plaintiff Eric Bates, Plaintiff Bert Enos re motion to compel depositions, answers, interrogatories, and production of documents. [40−1] [3:99−cv−02216] (db, COURT STAFF) (Entered: 08/01/2000)

July 31, 2000

July 31, 2000

42

ORDER by Judge Thelton E. Henderson referring the motion to compel depositions, answers, interrogatories, and production of documents. [40−1] to a Magistrate Judge. ( Date Entered: 8/1/00) (cc: all counsel) [3:99−cv−02216] (db, COURT STAFF) (Entered: 08/01/2000)

Aug. 1, 2000

Aug. 1, 2000

REFERRAL: referring case for Plf's Motion to Compel to Magistrate Judge James Larson [3:99−cv−02216] (lw, COURT STAFF) (Entered: 08/03/2000)

Aug. 3, 2000

Aug. 3, 2000

43

NOTICE of Firms' Name Change, by Plaintiff Eric Bates, Plaintiff Bert Enos [3:99−cv−02216] (db, COURT STAFF) (Entered: 08/08/2000)

Aug. 7, 2000

Aug. 7, 2000

44

MEDIATOR'S Letter to Counsel re: protocol for extending mediation deadline until after ruling on motion re: class certification [3:99−cv−02216] (rgd, COURT STAFF) (Entered: 08/08/2000)

Aug. 8, 2000

Aug. 8, 2000

45

ORDER by Magistrate Judge James Larson referring discovery to Magistrate Larson ( Date Entered: 8/16/00) (cc: all counsel) [3:99−cv−02216] (db, COURT STAFF) (Entered: 08/16/2000)

Aug. 16, 2000

Aug. 16, 2000

RECEIVED Proposed Order to postpone further mediation ( Plaintiff Eric Bates, Plaintiff Bert Enos, defendant United Parcel Serv ) [3:99−cv−02216] (lal, COURT STAFF) (Entered: 08/23/2000)

Aug. 22, 2000

Aug. 22, 2000

47

ORDER to postpone further mediation by Judge Thelton E. Henderson ( Date Entered: 8/28/00) (cc: all counsel) [3:99−cv−02216] (lal, COURT STAFF) (Entered: 08/28/2000)

Aug. 24, 2000

Aug. 24, 2000

48

Ex parte MOTION before Judge Thelton E. Henderson by Plaintiff Eric Bates, Plaintiff Bert Enos to continue to file motion for class certification [3:99−cv−02216] (lal, COURT STAFF) (Entered: 08/29/2000)

Aug. 28, 2000

Aug. 28, 2000

49

DECLARATION by Noah D. Lebowitz on behalf of Plaintiff Eric Bates, Plaintiff Bert Enos re motion to continue to file motion for class certification [48−1] [3:99−cv−02216] (lal, COURT STAFF) (Entered: 08/30/2000)

Aug. 28, 2000

Aug. 28, 2000

RECEIVED Proposed Order ( Plaintiff Eric Bates, Plaintiff Bert Enos ) re: motion to continue to file motion for class certification [48−1] [3:99−cv−02216] (lal, COURT STAFF) (Entered: 08/30/2000)

Aug. 28, 2000

Aug. 28, 2000

50

MEMORANDUM by defendant United Parcel Serv in support of defendant UPS's opposition to plaintiffs' ex parte request for additional time to bring a motion for calss certification [3:99−cv−02216] (lal, COURT STAFF) (Entered: 08/31/2000)

Aug. 30, 2000

Aug. 30, 2000

51

DECLARATION by Christopher J. Martin on behalf of defendant United Parcel Service, Inc.'s opposition to plaintiffs' ex parte request for additional time to bring a motion for class certification [3:99−cv−02216] (lal, COURT STAFF) (Entered: 08/31/2000)

Aug. 30, 2000

Aug. 30, 2000

52

DECLARATION by Patricia S. Radez on behalf of defendant United Parcel Service, Inc.'s oppostion to plaintiffs' ex parate request for additional time to bring a motion for class certification [3:99−cv−02216] (lal, COURT STAFF) (Entered: 08/31/2000)

Aug. 30, 2000

Aug. 30, 2000

53

PROOF OF SERVICE by defendant United Parcel Serv of declaration [52−1], declaration [51−1], memorandum [50−1] [3:99−cv−02216] (lal, COURT STAFF) (Entered: 08/31/2000)

Aug. 30, 2000

Aug. 30, 2000

54

MEMORANDUM by defendant United Parcel Serv in support of defendant UPS Inc.'s oppostion to plaintiffs' motion to compel discovery [3:99−cv−02216] (lal, COURT STAFF) (Entered: 09/07/2000)

Sept. 6, 2000

Sept. 6, 2000

55

DECLARATION by Leon R. Herron on behalf of defendant United Parcel Service, Inc.'s oppostion to plaintiffs' motion to compel discovery [3:99−cv−02216] (lal, COURT STAFF) (Entered: 09/07/2000)

Sept. 6, 2000

Sept. 6, 2000

56

DECLARATION by Patricia S. Radez on behalf of defendant United Parcel Service Inc.'s opposition to plaintiffs' motion to compel discovery [3:99−cv−02216] (lal, COURT STAFF) (Entered: 09/07/2000)

Sept. 6, 2000

Sept. 6, 2000

57

PROOF OF SERVICE by defendant United Parcel Serv of declaration [56−1], declaration [55−1], memorandum [54−1] [3:99−cv−02216] (lal, COURT STAFF) (Entered: 09/07/2000)

Sept. 6, 2000

Sept. 6, 2000

58

MINUTES: ( C/R Not reported) ( Hearing Date: 9/7/00) that the motion to continue to file motion for class certification [48−1] is submitted [3:99−cv−02216] (lal, COURT STAFF) (Entered: 09/07/2000)

Sept. 7, 2000

Sept. 7, 2000

59

ORDER by Magistrate Judge James Larson extending time to file their motion for class certification ( Date Entered: 9/15/00) (cc: all counsel) [3:99−cv−02216] (lal, COURT STAFF) (Entered: 09/15/2000)

Sept. 13, 2000

Sept. 13, 2000

60

DECLARATION by Jason Galek on behalf of Plaintiff Eric Bates, Plaintiff Bert Enos re motion to compel depositions, answers, interrogatories, and production of documents. [40−1] [3:99−cv−02216] (lal, COURT STAFF) (Entered: 09/16/2000)

Sept. 15, 2000

Sept. 15, 2000

62

REPLY DECLARATION by Alison Aubry on behalf of Plaintiff Eric Bates, Plaintiff Bert Enos re motion to compel depositions, answers, interrogatories, and production of documents. [40−1] [3:99−cv−02216] (lal, COURT STAFF) (Entered: 09/16/2000)

Sept. 15, 2000

Sept. 15, 2000

63

OBJECTIONS by defendant United Parcel Serv to memorandum in support of plaintiffs' motion to compel [61−1] [3:99−cv−02216] (lal, COURT STAFF) (Entered: 09/19/2000)

Sept. 19, 2000

Sept. 19, 2000

64

RESPONSE by Plaintiff Eric Bates, Plaintiff Bert Enos re objection [63−1] to defendant's objection to reply memorandum [3:99−cv−02216] (lal, COURT STAFF) (Entered: 09/22/2000)

Sept. 22, 2000

Sept. 22, 2000

65

MINUTES: ( C/R Tape 00−57) ( Hearing Date: 9/27/00) that the motion to compel depositions, answers, interrogatories, and production of documents. [40−1] is submitted [3:99−cv−02216] (lal, COURT STAFF) (Entered: 09/28/2000)

Sept. 27, 2000

Sept. 27, 2000

66

DECLARATION by Leon R. Herron on behalf of defendant United Parcel Servervice, Inc. sur reply to plaintiffs motion to compel discovery. [3:99−cv−02216] (db, COURT STAFF) (Entered: 10/11/2000)

Oct. 10, 2000

Oct. 10, 2000

67

MEMORANDUM by defendant United Parcel Serv in support of motion to compel depositions, answers, interrogatories, and production of documents. [40−1] [3:99−cv−02216] (db, COURT STAFF) (Entered: 10/12/2000)

Oct. 10, 2000

Oct. 10, 2000

68

DECLARATION by Christina L. Rooke on behalf of defendant United Parcel Serv re memorandum [67−1] [3:99−cv−02216] (db, COURT STAFF) (Entered: 10/12/2000)

Oct. 10, 2000

Oct. 10, 2000

69

ORDER by Magistrate Judge James Larson, The date of 10/11/00 for plaintiffs to file their motion for class certification is vacated. The court will recommend a new date to the district court after issuing its order on the discovery motion. ( Date Entered: 10/12/00) (cc: all counsel) [3:99−cv−02216] (db, COURT STAFF) (Entered: 10/12/2000)

Oct. 10, 2000

Oct. 10, 2000

70

LETTER to the court dated 11/21/00 from Laurence W. Paradis to inform the Court of a discovery dispute [3:99−cv−02216] (db, COURT STAFF) (Entered: 11/27/2000)

Nov. 22, 2000

Nov. 22, 2000

71

DISCOVERY ORDER AND RECOMMENDATION RE TIME TO FILE MOTION FOR CLASS CERTIFICATION.,by Magistrate Judge James Larson granting motion to compel depositions, answers, interrogatories, and production of documents. [40−1] ( Date Entered: 11/1/00) (cc: all counsel) [3:99−cv−02216] (db, COURT STAFF) (Entered: 12/01/2000)

Nov. 30, 2000

Nov. 30, 2000

72

LETTER BRIEF FILED by Patricia Radez for defendant United Parcel Serv in response to plts' letter brief dated 11/21/00 [3:99−cv−02216] (rbe, COURT STAFF) (Entered: 12/12/2000)

Dec. 5, 2000

Dec. 5, 2000

73

OBJECTIONS and MOTION before Judge Thelton E. Henderson by defendant United Parcel Serv for reconsideration of 11/30/00 discovery order of Mag. Judge Larson [3:99−cv−02216] (rbe, COURT STAFF) (Entered: 12/15/2000)

Dec. 14, 2000

Dec. 14, 2000

74

OBJECTIONS by defendant United Parcel Serv to order [71−1] [3:99−cv−02216] (rbe, COURT STAFF) (Entered: 12/15/2000)

Dec. 14, 2000

Dec. 14, 2000

75

LETTER dated 12/21/00 from Patricia S. Radez re submitted objections [3:99−cv−02216] (rbe, COURT STAFF) (Entered: 12/27/2000)

Dec. 22, 2000

Dec. 22, 2000

RECEIVED Proposed Order ( defendant United Parcel Serv ) stipulation re: order [71−1] [3:99−cv−02216] (rbe, COURT STAFF) (Entered: 12/27/2000)

Dec. 22, 2000

Dec. 22, 2000

Docket Modification (Administrative) to letter [75−1] dismissing the motion for reconsideration [73−1] [3:99−cv−02216] (rbe, COURT STAFF) (Entered: 03/13/2001)

Dec. 22, 2000

Dec. 22, 2000

Docket Modification (Administrative) removed from Mediation. [3:99−cv−02216] (cmf, COURT STAFF) (Entered: 01/09/2001)

Jan. 9, 2001

Jan. 9, 2001

77

DECLARATION by Patricia S. Radez on behalf of defendant United Parcel Serv re motion to compel answers to interrogatories [76−1] [3:99−cv−02216] (rbe, COURT STAFF) (Entered: 01/22/2001)

Jan. 19, 2001

Jan. 19, 2001

RECEIVED Proposed Order ( defendant United Parcel Serv ) re: motion to compel answers to interrogatories [76−1] [3:99−cv−02216] (rbe, COURT STAFF) (Entered: 01/22/2001)

Jan. 19, 2001

Jan. 19, 2001

78

OPPOSITION by Plaintiff Eric Bates, Plaintiff Bert Enos to motion to compel answers to interrogatories [76−1] [3:99−cv−02216] (rbe, COURT STAFF) (Entered: 02/05/2001)

Feb. 2, 2001

Feb. 2, 2001

79

DECLARATION by Alison Aubry on behalf of Plaintiff Eric Bates, Plaintiff Bert Enos re opposition [78−1] [3:99−cv−02216] (rbe, COURT STAFF) (Entered: 02/05/2001)

Feb. 2, 2001

Feb. 2, 2001

80

STIPULATION and ORDER by Judge Thelton E. Henderson : Discovery cutoff set for 11/15/01 ; cutoff date for expert discovery is 2/15/02 ; Deadline for all motion filings is 3/1/02 ; All motions will be heard by 4/2/02 ; Pretrial conference set for 5/15/02 ; Trial will be held 6/17/02 ; (cc: all counsel) [3:99−cv−02216] (rbe, COURT STAFF) (Entered: 02/08/2001)

Feb. 7, 2001

Feb. 7, 2001

81

REPLY memorandum of points and authorities by defendant United Parcel Serv in support of re motion to compel answers to interrogatories [76−1] [3:99−cv−02216] (rbe, COURT STAFF) (Entered: 02/14/2001)

Feb. 9, 2001

Feb. 9, 2001

82

PROOF OF SERVICE by defendant United Parcel Serv [3:99−cv−02216] (rbe, COURT STAFF) (Entered: 02/20/2001)

Feb. 14, 2001

Feb. 14, 2001

83

ORDER by Judge Thelton E. Henderson granting motion to continue to file motion for class certification [48−1] ( Date Entered: 2/27/01) (cc: all counsel) [3:99−cv−02216] (rbe, COURT STAFF) (Entered: 02/27/2001)

Feb. 26, 2001

Feb. 26, 2001

84

RECOMMENDATION by Special Master Ed Swanson re [76−1] motion to compel answers to interrogatories and plaintiffs' request to quash subpoena [3:99−cv−02216] (rbe, COURT STAFF) (Entered: 03/09/2001)

March 6, 2001

March 6, 2001

85

ORDER by Judge Thelton E. Henderson granting in part and denying in part motion to compel answers to interrogatories [76−1] ( Date Entered: 3/9/01) (cc: all counsel) [3:99−cv−02216] (rbe, COURT STAFF) (Entered: 03/09/2001)

March 6, 2001

March 6, 2001

Docket Modification (Administrative) for referral to mediation (ADR L.R.6) [3:99−cv−02216] (cmf, COURT STAFF) (Entered: 04/17/2001)

April 17, 2001

April 17, 2001

Case Details

State / Territory: California

Case Type(s):

Equal Employment

Special Collection(s):

Private Employment Class Actions

Key Dates

Filing Date: May 13, 1999

Closing Date: 2012

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Employees who used sign language as a primary means of communication due to hearing loss or limitation and were categorically denied positions as drivers with the company.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

United Parcel Service (UPS), Private Entity/Person

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

State law

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Confession of Judgment

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 5.8 million

Order Duration: 2009 - 2012

Content of Injunction:

Follow recruitment, hiring, or promotion protocols

Other requirements regarding hiring, promotion, retention

Reasonable Accommodation

Issues

General:

Pattern or Practice

Discrimination-area:

Medical Exam / Inquiry

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

Testing

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Hearing impairment