Case: Sharr v. NCS Pearson, Inc.

3:02-cv-01513 | U.S. District Court for the District of Oregon

Filed Date: Nov. 7, 2002

Closed Date: 2006

Clearinghouse coding complete

Case Summary

The plaintiffs in this case were former employees of Huntleigh USA Corporation who worked as screeners at Portland International Airport and were not retained as employees when airport screeners became federal employees. They filed suit individually and as a putative class on November 2, 2002, against NCS Pearson, Inc. and the Department of Transportation in the U.S. District Court for the District of Oregon. Nothing in the record indicates that the suit was ever certified as a class action, bu…

The plaintiffs in this case were former employees of Huntleigh USA Corporation who worked as screeners at Portland International Airport and were not retained as employees when airport screeners became federal employees. They filed suit individually and as a putative class on November 2, 2002, against NCS Pearson, Inc. and the Department of Transportation in the U.S. District Court for the District of Oregon. Nothing in the record indicates that the suit was ever certified as a class action, but class action status was not ever denied. Plaintiffs, represented by private counsel, sought monetary relief, claiming violations of Title VII of the Civil Rights Act, the Age Discrimination in Employment Act of 1967, and the Americans with Disabilities Act. The case was assigned to Judge Robert E. Jones.

According to the complaint, plaintiffs entered into an agreement with the Transportation Security Administration [TSA] that they would receive hiring preference, and did not look for new jobs as a result. TSA hired the defendant, NCS Pearson, to administer the employment screening test. Plaintiffs alleged that the screening test was a pretextual basis for discrimination on the basis of race, gender, age, and other protected classes, and furthermore, that the test was not fairly administered. Plaintiffs further alleged that the defendant’s employees harassed them throughout the process, and that they were not hired as a result of the screening. The former Huntleigh employees who were rehired alleged that they were paid less than other similarly situated employees. Plaintiffs also filed a breach of contract claim, alleging that they were third-party beneficiaries of the contract between the defendant and TSA, and that the defendant breached the contract with TSA.

On the same day as filing the complaint, plaintiffs moved for a preliminary injunction, which requested immediate retesting of all class members under court supervision and the immediate hiring of all who passed the test. On March 3, 2003, Judge Jones denied plaintiffs' request for preliminary injunction on the grounds that the available evidence did not demonstrate unlawful discrimination sufficient to justify pre-litigation relief. Plaintiffs additionally failed to satisfy various administrative requirements that were necessary for bringing their claims.

Between March and December of 2003, plaintiffs amended their complaint. Defendants also successfully sought the dismissal of several plaintiffs through hearings.

On December 15, 2003, the defendant moved for summary judgment. On March 30, 2004, Judge Jones granted defendant’s motion for summary judgment in part and denied it in part. This judgment dismissed all of the plaintiffs’ claims against the government. Plaintiffs’ breach of contract claim was dismissed on February 14, 2005.

Various plaintiffs were dismissed from the complaint throughout the following months, it is unclear why, but it was presumably due to a lack of evidence to suggest the defendant interfered with future employment opportunities. After a lengthy discovery process, a jury trial began on April 10, 2006 and lasted until April 19, 2006. The jury found that the defendant intentionally interfered with twenty-two of the twenty-three remaining plaintiffs' prospective economic relationship with TSA, and awarded monetary relief based on economic and non-economic damages to those individual plaintiffs. In total, the plaintiffs won over $500,000 -- about $25,000 per plaintiff. All requests for attorneys’ fees were denied. The case is now closed.

Summary Authors

Elizabeth Heise (9/25/2018)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5128080/parties/sharr-v-ncs-pearson-inc/


Judge(s)

Jones, Robert Edward (Oregon)

Attorneys(s) for Plaintiff

DeDobbelaere, Lori K. (Oregon)

Farr, Mary Ellen Page (Oregon)

Park, David D. (Oregon)

Willner, Don S. (Oregon)

Attorneys(s) for Defendant

Azar, John G (District of Columbia)

Dippel, Courtney C. (Oregon)

Edney, Marsha S. (District of Columbia)

Greene, Carlton E. (District of Columbia)

Knepper, John G. (District of Columbia)

Judge(s)

Jones, Robert Edward (Oregon)

Attorneys(s) for Plaintiff

DeDobbelaere, Lori K. (Oregon)

Farr, Mary Ellen Page (Oregon)

Park, David D. (Oregon)

Willner, Don S. (Oregon)

Attorneys(s) for Defendant

Azar, John G (District of Columbia)

Dippel, Courtney C. (Oregon)

Edney, Marsha S. (District of Columbia)

Greene, Carlton E. (District of Columbia)

Knepper, John G. (District of Columbia)

Santiago, Louis A. (Oregon)

Silver, Ronald K. (Oregon)

Documents in the Clearinghouse

Document

3:02-cv-01513

Docket [PACER]

Sharr v. NSC Pearson, inc.

June 19, 2006

June 19, 2006

Docket
103

3:02-cv-01513

Opinion and Order

March 3, 2003

March 3, 2003

Order/Opinion
229

3:02-cv-01513

Opinion and Order

Feb. 14, 2005

Feb. 14, 2005

Order/Opinion
230

3:02-cv-01513

Sixth Amended Complaint

Feb. 24, 2005

Feb. 24, 2005

Complaint
417

3:02-cv-01513

Opinion and Order

Feb. 24, 2006

Feb. 24, 2006

Order/Opinion
536

3:02-cv-01513

Opinion and Order

March 28, 2006

March 28, 2006

Order/Opinion
560

3:02-cv-01513

Verdict

April 19, 2006

April 19, 2006

Other
562

3:02-cv-01513

Judgment

May 30, 2006

May 30, 2006

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5128080/sharr-v-ncs-pearson-inc/

Last updated Aug. 2, 2022, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

Complaint (filed as Class Action Complaint For Discrimination In Hiring, Denial of Veterans Preference, And Failure To Provide A Fair Process For Hiring Federal Employees) Filing Fee collected. Receipt #: 447135 issued. Filed by Mary Coco, Dana Curry, Robert Hein, Katherine Powell, Sheena Reis, Karen Sharr against Department of Transportation, NCS Pearson, Inc.. (tomg, ) (Entered: 11/07/2002)

Nov. 7, 2002

Nov. 7, 2002

2

Discovery and Pretrial Scheduling Order and Notice of Case Assignment: Case assigned to the Honorable John Jelderks. Discovery to be completed by 3/10/2003. Joint Alternate Dispute Resolution Report due by 4/7/2003. Pretrial Order due by 4/7/2003. (tomg, ) (Entered: 11/07/2002)

Nov. 7, 2002

Nov. 7, 2002

3

Motion for Order to Show Cause. Filed by all plaintiffs. (tomg, ) (Entered: 11/07/2002)

Nov. 7, 2002

Nov. 7, 2002

4

Memorandum in Support Of Motion For Preliminary Injunction . Filed by all plaintiffs. (Related document(s) 3 ) (tomg, ) (Entered: 11/07/2002)

Nov. 7, 2002

Nov. 7, 2002

7

Declaration of John G. Knepper in support . Filed by Department of Transportation. (Related document(s) 6 ) (gm, ) (Entered: 11/20/2002)

Nov. 18, 2002

Nov. 18, 2002

5

Notice of Case Reassignment: Case reassigned from Judge John Jelderks to Judge Robert E. Jones. (gm) (Entered: 11/20/2002)

Nov. 19, 2002

Nov. 19, 2002

8

Declaration of John G. Knepper in support (original signature) . Filed by Department of Transportation. (Related document(s) 6 ) (gm, ) (Entered: 11/20/2002)

Nov. 19, 2002

Nov. 19, 2002

9

ORDER TO SHOW CAUSE: (Related Doc # 3 ) A Hearings Shall take place upon the 11th day of December at 9:00 o'clock am in Courtoom #16 of the United States Couthouse in Portland, Oregon to determine whether the preliminary injunction should issue. Signed on 11/20/02 by Judge Robert E. Jones. (mja, ) (Entered: 11/22/2002)

Nov. 21, 2002

Nov. 21, 2002

13

CIVIL MINUTES: Record of Order −− Defendant's unopposed motion [#6] for extension of time is granted as follows: Defendant is to respond to Plaintiffs' Motion for Preliminary Injunction by 11/26/2002. (Related documents(s) 3 ) Ordered by Judge Robert E. Jones. (mja, ) (Entered: 12/02/2002)

Nov. 21, 2002

Nov. 21, 2002

14

Memorandum in Opposition to Plaintiff's Motion for Preliminary Injuction REQUEST FOR ORAL ARGUMENT . Filed by NCS Pearson, Inc.. (Related document(s) 3 ) (mja, ) (Entered: 12/02/2002)

Nov. 25, 2002

Nov. 25, 2002

10

Return of Service (Federal Defendant) Executed upon John Ashcroft, U.S. Attorney general on 11/8/02. Filed by all plaintiffs. (tomg, ) (Entered: 11/26/2002)

Nov. 26, 2002

Nov. 26, 2002

11

Memorandum In Opposition To Plaintiffs' Motion For A Preliminary Injunction . Filed by Department of Transportation. (Related document(s) 3 ) (tomg, ) (Entered: 11/29/2002)

Nov. 26, 2002

Nov. 26, 2002

12

Declaration of In Support Of Defendant's Response To Plaintiffs' Motion For Preliminary Injunction . Filed by Department of Transportation. (Related document(s) 11 ) (tomg, ) (Entered: 11/29/2002)

Nov. 26, 2002

Nov. 26, 2002

15

CIVIL MINUTES: Record of Order Regarding Preliminary Injunction Hearing: At the hearing set for December 11, 2002, at 9:00 a.m., the court will hear plaintiff's prima facie case. The court will Schedule a hearing on the defense case at a later date. Ordered by Judge Robert E. Jones. (mja, ) (Entered: 12/03/2002)

Nov. 27, 2002

Nov. 27, 2002

16

Motion for Extension of Time and Request for Expedited Consideration . Filed by Mary Coco, Dana Curry, Robert Hein, Katherine Powell, Sheena Reis, Karen Sharr. (mja, ) (Entered: 12/03/2002)

Dec. 2, 2002

Dec. 2, 2002

17

Declaration of of Elizabeth B. Kolmstetter Ph.D. with her Original Signature. . Filed by Department of Transportation. (Related document(s) 12 ) (mja, ) (Entered: 12/05/2002)

Dec. 3, 2002

Dec. 3, 2002

18

Motion to Dismiss for Fulure to State a Claim Upon Which Relief Can Be Granted Pursuant to FED.R.CIV. 12(b)(6) REQUSET FOR ORAL ARGUMENT . Filed by NCS Pearson, Inc.. (mja, ) (Entered: 12/05/2002)

Dec. 3, 2002

Dec. 3, 2002

19

Memorandum of Law In Support of Motion to Dismiss Pursuant to FRCP 12(b)(6) . Filed by NCS Pearson, Inc.. (Related document(s) 18 ) (mja, ) (Entered: 12/05/2002)

Dec. 3, 2002

Dec. 3, 2002

20

CIVIL MINUTES: Record of Order −− Plaintiff's Motion [#16] for an extension of time and for a reset of hearing is GRANTED as follows: Plaintiff's Reply is due by 12/23/2002. Hearing on Plaintiff's Prima Facie case set for 12/11/02, is stricken and reset to 1/10/2003 at 01:30PM Ordered by Judge Robert E. Jones. (mja, ) (Entered: 12/09/2002)

Dec. 6, 2002

Dec. 6, 2002

21

Motion for Extension of Time to file response to defendant's Rule l2(b) motion to dismiss until January 31,2003. Expediated Consideration Requested . Filed by all plaintiffs. (md, ) (Entered: 12/13/2002)

Dec. 12, 2002

Dec. 12, 2002

23

Memorandum in Support in support of motion for extension of time to file response to defendant's Rule l2(b) motion . Filed by all plaintiffs. (Related document(s) 21 ) (md, ) (Entered: 12/13/2002)

Dec. 12, 2002

Dec. 12, 2002

24

Certificate of Service of motion for extension of time, memo in support and affidavit. Filed by all plaintiffs. (Related document(s) 21 ) (md, ) (Entered: 12/13/2002)

Dec. 12, 2002

Dec. 12, 2002

25

Memorandum of Law in Response to Plaintiff's Motion for Extension of Time and Request for Expedited Consideration . Filed by NCS Pearson, Inc.. (Related document(s) 21 ) (mja, ) (Entered: 12/17/2002)

Dec. 16, 2002

Dec. 16, 2002

26

Affidavit of Courtney Dippel in Response to Plaintiffs' Motion for Extension of Time and Expedited Consideration . Filed by NCS Pearson, Inc.. (Related document(s) 25 ) (mja, ) (Entered: 12/17/2002)

Dec. 16, 2002

Dec. 16, 2002

27

CIVIL MINUTES: Plaintiffs' motion [#21] for extension of time to file their response to defendant NCS Pearson's Motion to Dismiss is GRANTED to 1/31/03. Hearing on Plaintiffs' prima facie case set for 1/10/03, is RESET to 1/9/03 at 9:00 am. (Related documents(s) 21 ) Ordered by Judge Robert E. Jones. (mja, ) (Entered: 12/18/2002)

Dec. 16, 2002

Dec. 16, 2002

28

Reply to Memorandum in Opposition to Plaintiffs' Motion for Preliminary Injuction . Filed by all plaintiffs. (Related document(s) 4 ) (dls, ) (Entered: 12/23/2002)

Dec. 23, 2002

Dec. 23, 2002

29

Affidavit of Gloria R. Aguirre . Filed by all plaintiffs. (Related document(s) 28 ) (dls, ) (Entered: 12/23/2002)

Dec. 23, 2002

Dec. 23, 2002

30

Affidavit of Hector H. Aguirre . Filed by all plaintiffs. (Related document(s) 28 ) (dls, ) (Entered: 12/23/2002)

Dec. 23, 2002

Dec. 23, 2002

31

Affidavit of Amie L. Baledge . Filed by all plaintiffs. (Related document(s) 28 ) (dls, ) (Entered: 12/23/2002)

Dec. 23, 2002

Dec. 23, 2002

32

Affidavit of George Beck . Filed by all plaintiffs. (Related document(s) 28 ) (dls, ) (Entered: 12/23/2002)

Dec. 23, 2002

Dec. 23, 2002

33

Affidavit of Emma Bradford . Filed by all plaintiffs. (Related document(s) 28 ) (dls, ) (Entered: 12/23/2002)

Dec. 23, 2002

Dec. 23, 2002

34

Affidavit of Don Buell . Filed by all plaintiffs. (Related document(s) 28 ) (dls, ) (Entered: 12/23/2002)

Dec. 23, 2002

Dec. 23, 2002

35

Affidavit of Bong Hui Burke . Filed by all plaintiffs. (Related document(s) 28 ) (dls, ) (Entered: 12/23/2002)

Dec. 23, 2002

Dec. 23, 2002

36

Affidavit of Mary Coco . Filed by all plaintiffs. (Related document(s) 28 ) (dls, ) (Entered: 12/23/2002)

Dec. 23, 2002

Dec. 23, 2002

37

Affidavit of Dana Curry . Filed by all plaintiffs. (Related document(s) 28 ) (dls, ) (Entered: 12/23/2002)

Dec. 23, 2002

Dec. 23, 2002

38

Affidavit of Dominic Damiani . Filed by all plaintiffs. (Related document(s) 28 ) (dls, ) (Entered: 12/23/2002)

Dec. 23, 2002

Dec. 23, 2002

39

Affidavit of Gail Dixon . Filed by all plaintiffs. (Related document(s) 28 ) (dls, ) (Entered: 12/23/2002)

Dec. 23, 2002

Dec. 23, 2002

40

Affidavit of Sherrell Dizer . Filed by all plaintiffs. (Related document(s) 28 ) (dls, ) (Entered: 12/23/2002)

Dec. 23, 2002

Dec. 23, 2002

41

Affidavit of Russell Dooley . Filed by all plaintiffs. (Related document(s) 28 ) (dls, ) (Entered: 12/23/2002)

Dec. 23, 2002

Dec. 23, 2002

42

Affidavit of Karen Sue Dutter . Filed by all plaintiffs. (Related document(s) 28 ) (dls, ) (Entered: 12/23/2002)

Dec. 23, 2002

Dec. 23, 2002

43

Affidavit of Usar Einart . Filed by all plaintiffs. (Related document(s) 28 ) (dls, ) (Entered: 12/23/2002)

Dec. 23, 2002

Dec. 23, 2002

45

Affidavit of Leroy Fich . Filed by all plaintiffs. (Related document(s) 28 ) (dls, ) (Entered: 12/23/2002)

Dec. 23, 2002

Dec. 23, 2002

46

Affidavit of Amanda Fleming . Filed by all plaintiffs. (Related document(s) 28 ) (dls, ) (Entered: 12/23/2002)

Dec. 23, 2002

Dec. 23, 2002

47

Affidavit of Michaela Fogerty . Filed by all plaintiffs. (Related document(s) 28 ) (dls, ) (Entered: 12/23/2002)

Dec. 23, 2002

Dec. 23, 2002

48

Affidavit of Leah Garcia . Filed by all plaintiffs. (Related document(s) 28 ) (dls, ) (Entered: 12/23/2002)

Dec. 23, 2002

Dec. 23, 2002

49

Affidavit of Conchita Haddenham . Filed by all plaintiffs. (Related document(s) 28 ) (dls, ) (Entered: 12/23/2002)

Dec. 23, 2002

Dec. 23, 2002

50

Affidavit of Robert Hein . Filed by all plaintiffs. (Related document(s) 28 ) (dls, ) (Entered: 12/23/2002)

Dec. 23, 2002

Dec. 23, 2002

51

Affidavit of Cheri Helgeson . Filed by all plaintiffs. (Related document(s) 28 ) (dls, ) (Entered: 12/23/2002)

Dec. 23, 2002

Dec. 23, 2002

52

Affidavit of Josephine Hill . Filed by all plaintiffs. (Related document(s) 28 ) (dls, ) (Entered: 12/23/2002)

Dec. 23, 2002

Dec. 23, 2002

53

Affidavit of Leonard Hughes . Filed by all plaintiffs. (Related document(s) 28 ) (dls, ) (Entered: 12/23/2002)

Dec. 23, 2002

Dec. 23, 2002

54

Affidavit of Troy Jones . Filed by all plaintiffs. (Related document(s) 28 ) (dls, ) (Entered: 12/23/2002)

Dec. 23, 2002

Dec. 23, 2002

55

Affidavit of Sharon Joslin . Filed by all plaintiffs. (Related document(s) 28 ) (dls, ) (Entered: 12/23/2002)

Dec. 23, 2002

Dec. 23, 2002

56

Affidavit of Krystyna Korfanty . Filed by all plaintiffs. (Related document(s) 28 ) (dls, ) (Entered: 12/23/2002)

Dec. 23, 2002

Dec. 23, 2002

57

Affidavit of Peter LaCosta . Filed by all plaintiffs. (Related document(s) 28 ) (dls, ) (Entered: 12/23/2002)

Dec. 23, 2002

Dec. 23, 2002

58

Affidavit of Faith Malcolm . Filed by all plaintiffs. (Related document(s) 28 ) (dls, ) (Entered: 12/23/2002)

Dec. 23, 2002

Dec. 23, 2002

59

Affidavit of Robert Marssdorf . Filed by all plaintiffs. (Related document(s) 28 ) (dls, ) (Entered: 12/23/2002)

Dec. 23, 2002

Dec. 23, 2002

60

Affidavit of Janette Moldenhauer . Filed by all plaintiffs. (Related document(s) 28 ) (dls, ) (Entered: 12/23/2002)

Dec. 23, 2002

Dec. 23, 2002

61

Affidavit of Linda Ocampa . Filed by all plaintiffs. (Related document(s) 28 ) (dls, ) (Entered: 12/23/2002)

Dec. 23, 2002

Dec. 23, 2002

62

Affidavit of Kathyn Powell . Filed by all plaintiffs. (Related document(s) 28 ) (dls, ) (Entered: 12/23/2002)

Dec. 23, 2002

Dec. 23, 2002

63

Affidavit of Terry Ann Pullen . Filed by all plaintiffs. (Related document(s) 28 ) (dls, ) (Entered: 12/23/2002)

Dec. 23, 2002

Dec. 23, 2002

64

Affidavit of Belem Shankle . Filed by all plaintiffs. (Related document(s) 28 ) (dls, ) (Entered: 12/23/2002)

Dec. 23, 2002

Dec. 23, 2002

65

Affidavit of Beth Randall . Filed by all plaintiffs. (Related document(s) 28 ) (dls, ) (Entered: 12/23/2002)

Dec. 23, 2002

Dec. 23, 2002

66

Affidavit of Karen Sharr . Filed by all plaintiffs. (Related document(s) 28 ) (dls, ) (Entered: 12/23/2002)

Dec. 23, 2002

Dec. 23, 2002

67

Affidavit of Dennis Sparks . Filed by all plaintiffs. (Related document(s) 28 ) (dls, ) (Entered: 12/23/2002)

Dec. 23, 2002

Dec. 23, 2002

69

Affidavit of Dianna Thorkildson . Filed by all plaintiffs. (Related document(s) 28 ) (dls, ) (Entered: 12/23/2002)

Dec. 23, 2002

Dec. 23, 2002

70

Affidavit of Amber Vogel . Filed by all plaintiffs. (Related document(s) 28 ) (dls, ) (Entered: 12/23/2002)

Dec. 23, 2002

Dec. 23, 2002

71

Affidavit of Yunie Yun . Filed by all plaintiffs. (Related document(s) 28 ) (dls, ) (Entered: 12/23/2002)

Dec. 23, 2002

Dec. 23, 2002

72

Affidavit of Natalia Zhikhareva . Filed by all plaintiffs. (Related document(s) 28 ) (dls, ) (Entered: 12/23/2002)

Dec. 23, 2002

Dec. 23, 2002

73

Supplemental Complaint. Filed by Mary Coco, Dana Curry, Robert Hein, Katherine Powell, Sheena Reis, Karen Sharr against all defendants. (mja, ) (Entered: 01/02/2003)

Jan. 2, 2003

Jan. 2, 2003

74

Supplemental Affidavit of Karen Sharr . Filed by Mary Coco, Dana Curry, Robert Hein, Katherine Powell, Sheena Reis, Karen Sharr. (mja, ) (Entered: 01/02/2003)

Jan. 2, 2003

Jan. 2, 2003

75

Motion for Leave to File Supplemental Complaint and for Expedited Consideration . Filed by all plaintiffs. (mja, ) (Entered: 01/07/2003)

Jan. 6, 2003

Jan. 6, 2003

76

Second Supplemental Affidavit of of Karen Sharr . Filed by all plaintiffs. (mja, ) (Entered: 01/07/2003)

Jan. 6, 2003

Jan. 6, 2003

77

Motion to Dismiss Pursuant to FRCP 12(b)(1) & (6) . Filed by all defendants. (mja, ) (Entered: 01/08/2003)

Jan. 7, 2003

Jan. 7, 2003

78

Memorandum in Support of Motion to Dismiss . Filed by all defendants. (Related document(s) 77 ) (mja, ) (Entered: 01/08/2003)

Jan. 7, 2003

Jan. 7, 2003

79

Certificate of Compliance. Filed by all plaintiffs. (mja, ) (Entered: 01/09/2003)

Jan. 9, 2003

Jan. 9, 2003

80

CIVIL MINUTES: Record of Hearing on Plaintiffs' Motion for Preliminary Injunction [#3]:Plaintiffs' motion for leave to file supplemental complaint [#75] is granted. Plaintiffs presented evidence, including witness testimony, on their prima facie case in support of a preliminary injunction. After considering the parties'arguments and the evidence, plaintiffs' motion (#3) is denied on the ground that plaintiffs are unlikely to prevail on the merits. Plaintiffs' supplemental state law claim is under advisement pending further briefing. Plaintiffs shall have two weeks, to 1/23/03, to file their brief; defendants shall have two additional weeks, to 2/6/03, to respond. Ordered by Judge Robert E. Jones. Counsel Present for Plaintiff: Don S> Willner and Lori DeDobbelaere. Counsel Present for Defendant: John C. Knepper, Marsha Edney, Louis A. Santiago and Courtney Dippel. Court Reporter: Dennis Apodaca. (mja, ) (Entered: 01/12/2003)

Jan. 9, 2003

Jan. 9, 2003

81

Memorandum re: Oregon Civil Rights Statute . Filed by all plaintiffs. (mja, ) (Entered: 01/23/2003)

Jan. 23, 2003

Jan. 23, 2003

82

First Amended Motion to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Claim upon Which Relief Can Be granted Pursuant to FED.R.Civ.P. 12(b)(1) & (6) Based on Plaintiffs' Supplemental State Law Claims REQUEST FOR ORAL ARGUMENT . Filed by NCS Pearson, Inc.. (mja, ) Modified on 1/27/2003 (mja, ). (Entered: 01/27/2003)

Jan. 23, 2003

Jan. 23, 2003

83

Amended Memorandum of Law in Support of Motion to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Claim upon Which Relief Can Be granted Pursuant to FED.R.Civ.P. 12(b)(1) & (6) Based on Plaintiffs' Supplemental State Law Claims . Filed by NCS Pearson, Inc.. (Related document(s) 82 ) (mja, ) (Entered: 01/27/2003)

Jan. 23, 2003

Jan. 23, 2003

84

Motion for Leave to File Amended and Supplemental Complaint (Filed as: Motions Concerning Pleadings and Request for Expedited Consideration) . Filed by all plaintiffs. (mja, ) (Entered: 01/28/2003)

Jan. 28, 2003

Jan. 28, 2003

85

CIVIL MINUTES: Record of Order −− Plaintiffs' motions concerning pleadings (# 84) is granted as follows: Plaintiffs' state law allegations inconnection with their motion for preliminary injunction (# 3) will be taken under advisement on 2/6/03.Plaintiffs are granted leave to file an amended complaint within 20 days of the court's ruling on the remainingpreliminary injunction issues. Defendants shall have 20 days after plaintiffs file the amended complaint inwhich to renew or amend the pending motions to dismiss or to file additional motions. Plaintiffs shall have20 days to respond to motions; replies, if any, shall be filed within 14 days. Defendants' motions andamended motions to dismiss (# 18, 77, 82) will be held in abeyance. A hearing date will be set whenbriefing is complete. (Related documents(s) 18 , 77 , 82 , 84 , 3 ) Ordered by Judge Robert E. Jones. (mja, ) (Entered: 01/31/2003)

Jan. 30, 2003

Jan. 30, 2003

86

Memorandum in Response to Plaintiff's Memorandum re: Oregon Civil Rights Statute . Filed by Department of Transportation. (Related document(s) 81 ) (dls, ) (Entered: 02/07/2003)

Feb. 6, 2003

Feb. 6, 2003

87

Memorandum in Opposition to Plaintiff's Motion for a Preliminary Injunction (Based on State Law) (Request for Oral Argument) . Filed by NCS Pearson, Inc.. (Related document(s) 3 ) (dls, ) (Entered: 02/07/2003)

Feb. 6, 2003

Feb. 6, 2003

88

Declaration of of Thomas D. Joyce in support of Memorandum in Opposition to Plaintiff's Motion for a Preliminary Injunction (Based on State Law) . Filed by NCS Pearson, Inc.. (Related document(s) 87 ) (dls, ) (Entered: 02/07/2003)

Feb. 6, 2003

Feb. 6, 2003

89

Declaration of Stephen R. Greenfield in support of Memorandum in Opposition to Plaintiff's Motion for a Preliminary Injunction (Based on State Law) . Filed by NCS Pearson, Inc.. (Related document(s) 87 ) (dls, ) (Entered: 02/07/2003)

Feb. 6, 2003

Feb. 6, 2003

90

Declaration of Susan V. Nelson in support of Memorandum in Opposition to Plaintiff's Motion for a Preliminary Injunction (Based on State Law) . Filed by NCS Pearson, Inc.. (Related document(s) 87 ) (dls, ) (Entered: 02/07/2003)

Feb. 6, 2003

Feb. 6, 2003

91

Declaration of Kym LaGattuta in support of Memorandum in Opposition to Plaintiff's Motion for a Preliminary Injunction (Based on State Law) . Filed by NCS Pearson, Inc.. (Related document(s) 87 ) (dls, ) (Entered: 02/07/2003)

Feb. 6, 2003

Feb. 6, 2003

92

Declaration of Stephen Maier in support of Memorandum in Opposition to Plaintiff's Motion for a Preliminary Injunction (Based on State Law) . Filed by NCS Pearson, Inc.. (Related document(s) 87 ) (dls, ) (Entered: 02/07/2003)

Feb. 6, 2003

Feb. 6, 2003

93

Declaration of Jean McMahon in support of Memorandum in Opposition to Plaintiff's Motion for a Preliminary Injunction (Based on State Law) . Filed by NCS Pearson, Inc.. (Related document(s) 87 ) (dls, ) (Entered: 02/07/2003)

Feb. 6, 2003

Feb. 6, 2003

94

Declaration of Patience Coker in support of Memorandum in Opposition to Plaintiff's Motion for a Preliminary Injunction (Based on State Law) . Filed by NCS Pearson, Inc.. (Related document(s) 87 ) (dls, ) (Entered: 02/07/2003)

Feb. 6, 2003

Feb. 6, 2003

95

Notice of Original Signature Page of Declaration of Susan V. Nelson in support of Memorandum in Opposition to Plaintiff's Motion for a Preliminary Injunction(Based on State Law). Filed by NCS Pearson, Inc.. (Related document(s) 90 ) (dls, ) (Entered: 02/24/2003)

Feb. 21, 2003

Feb. 21, 2003

96

Notice of Original Signature Page of Declaration of Kym La Gattuta in support of Memorandum in Opposition to Plaintiff's Motion for a Preliminary Injunction(Based on State Law). Filed by NCS Pearson, Inc.. (Related document(s) 91 ) (dls, ) (Entered: 02/24/2003)

Feb. 21, 2003

Feb. 21, 2003

97

Notice of Original Signature Page of Declaration of Patience Coker in support of Memorandum in Opposition to Plaintiff's Motion for a Preliminary Injunction(Based on State Law). Filed by NCS Pearson, Inc.. (Related document(s) 94 ) (dls, ) (Entered: 02/24/2003)

Feb. 21, 2003

Feb. 21, 2003

98

Notice of Original Signature Page of Declaration of Thomas D. Joyce in support of Memorandum in Opposition to Plaintiff's Motion for a Preliminary Injunction(Based on State Law). Filed by NCS Pearson, Inc.. (Related document(s) 88 ) (dls, ) (Entered: 02/24/2003)

Feb. 21, 2003

Feb. 21, 2003

99

Notice of Original Signature Page of Declaration of Jean McMahon in support of Memorandum in Opposition to Plaintiff's Motion for a Preliminary Injunction(Based on State Law). Filed by NCS Pearson, Inc.. (Related document(s) 93 ) (dls, ) (Entered:

Feb. 21, 2003

Feb. 21, 2003

101

Notice of Original Signature page of declaration of Stephen Maier in support of memo in opposition to plaintiff's motion for prel.injunction (based on state law).Filed by NCS Pearson, Inc.. (md, ) (Entered: 02/24/2003)

Feb. 24, 2003

Feb. 24, 2003

102

Corporate Disclosure Statement. Filed by NCS Pearson, Inc.. (md, ) (Entered: 02/26/2003)

Feb. 26, 2003

Feb. 26, 2003

103

Opinion and Order: Plaintiffs' motion for preliminary injuction [#3] is DENIED. by Judge Robert E. Jones. Signed 3/3/03 (Related document(s) 3 ) (mja, ) (Entered: 03/04/2003)

March 3, 2003

March 3, 2003

104

Unopposed Motion for Order to Stay Discovery and Pretrial Deadlines . Filed by NCS Pearson, Inc.. (mja, ) (Entered: 03/07/2003)

March 6, 2003

March 6, 2003

105

RECORD OF ORDER:Order Granting Motion to stay discovery and pretrial deadlines (Related Doc # 104 ). See formal minute entry. . (ljl, ) (Entered: 03/13/2003)

March 11, 2003

March 11, 2003

Case Details

State / Territory: Oregon

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 7, 2002

Closing Date: 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Former and current employees of Portland International Airport.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

NCS Pearson, Inc. (St. Paul, MN), Private Entity/Person

Defendant Type(s):

Transportation

Case Details

Causes of Action:

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

Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.

Title VII (including PDA), 42 U.S.C. § 2000e

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Damages

Source of Relief:

Litigation

Amount Defendant Pays: 555,875.73

Content of Injunction:

Preliminary relief denied

Issues

General:

Disparate Impact

Disparate Treatment

Retaliation

Discrimination-area:

Hiring

Pay / Benefits

Promotion

Discrimination-basis:

Age discrimination

Disability (inc. reasonable accommodations)

Race discrimination

Sex discrimination

Race:

Asian/Pacific Islander

Black

Affected Gender:

Female

Male

Disability:

disability, unspecified