Case: EEOC v. Yellow Transportation, Inc. and YRC, INC.

1:09-cv-07693 | U.S. District Court for the Northern District of Illinois

Filed Date: Dec. 10, 2009

Clearinghouse coding complete

Case Summary

On December 10, 2009, the Equal Employment Opportunity Commission (EEOC) filed suit against Yellow Transportation, Inc., and YRC, Inc., for discriminatory employment practices on behalf of 14 current or former black employees and the class of similarly situated black employees. The EEOC alleged that Yellow Transportation (later merged into YRC) had violated §703(a) of Title VII, 42 U.S.C. § 2000e-2(a) by subjecting black employees to greater scrutiny, more frequent and greater discipline, lower…

On December 10, 2009, the Equal Employment Opportunity Commission (EEOC) filed suit against Yellow Transportation, Inc., and YRC, Inc., for discriminatory employment practices on behalf of 14 current or former black employees and the class of similarly situated black employees. The EEOC alleged that Yellow Transportation (later merged into YRC) had violated §703(a) of Title VII, 42 U.S.C. § 2000e-2(a) by subjecting black employees to greater scrutiny, more frequent and greater discipline, lower paying and less favorable job assignments, more difficult and time-consuming work, and a hostile work environment. The EEOC sought injunctive and monetary relief, including economic and noneconomic harm to the employees, punitive damages, development of policies and programs to provide equal employment opportunity and eradicate the effects of its past discrimination. The EEOC also sought to recover its costs. The charging parties later intervened as plaintiffs on their own behalf, filing their complaint on October 6, 2010. The Intervenors' complaint proceeded on the same grounds as the EEOC's allegations but added claims for retaliation.

Examples of the racial hostility in the Intervening Plaintiffs' work environment include repeated hanging of nooses at the workplace, racial slurs and racially motivated graffiti in bathroom stalls, displays by white employees of racially hostile symbols (such as the Confederate flag and "KKK") on clothing or in the form of tattoos, and supervisors' failure to address complaints adequately. Additional examples of the alleged disparate treatment include delaying full-time hiring of black employees (which gave white employees greater seniority), denial of work opportunities that would lead to advancement, giving shorter sick leaves to black injured workers than white, granting less overtime to blacks than whites, and denying blacks - but not whites - the opportunity to choose who they worked with.

The parties reached a settlement, which the Court (Magistrate Judge Susan Cox) entered as a consent decree on September 25, 2012. The decree resolved this case and the related case Brown v. Yellow Transportation, Inc. , linked below (Clearinghouse code: EE-IL-0329). The decree awarded a total $11 million to the class of plaintiffs from the two cases to be distributed according to the specified claims process. Attorney's fees were awarded to the Intervening Plaintiffs' attorneys in the amount of $1.1 million out of the $11 million award. No significant injunction was granted because the facility at which the Plaintiffs originally worked had closed and the facility to which those who had not been fired were transferred (Chicago Heights) was already under an adequate consent decree from the cases EEOC v. Roadway Express, Inc., linked below (Clearinghouse code: EE-IL-0189), and William Bandy v. Roadway Express, Inc.. The court simply requires a notice to be posted at the remaining facility. Final approval of the distribution of the settlement funds was granted on April 8, 2013. Because the duration of the notice provision is co-extensive with the duration of the Chicago Heights decree, the decree is technically in effect as of this writing. For all intents and purposes the case is closed.

Summary Authors

Kenneth Gray (6/14/2013)

Related Cases

EEOC v. ROADWAY EXPRESS, Northern District of Illinois (2006)

Brown v. Yellow Transportation, Inc., Northern District of Illinois (2008)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4259175/parties/equal-employment-opportunity-commission-v-yellow-transportation-inc/


Judge(s)

Cox, Susan (Illinois)

Attorneys(s) for Plaintiff

Cohen, Ethan M.M. (Illinois)

Fiorito, Bradley S. (Illinois)

Gochanour, Gregory M. (Illinois)

Hamilton, Deborah Lois (Illinois)

Hendrickson, John C. (Illinois)

Mrizek, Richard John (Illinois)

Szromba, Jeanne B. (Illinois)

Walker, Grayson Sang (Illinois)

Attorneys(s) for Defendant

Babbitt, Carol Coplan (Illinois)

Judge(s)

Cox, Susan (Illinois)

Attorneys(s) for Plaintiff

Cohen, Ethan M.M. (Illinois)

Fiorito, Bradley S. (Illinois)

Gochanour, Gregory M. (Illinois)

Hamilton, Deborah Lois (Illinois)

Hendrickson, John C. (Illinois)

Mrizek, Richard John (Illinois)

Szromba, Jeanne B. (Illinois)

Walker, Grayson Sang (Illinois)

Attorneys(s) for Defendant

Babbitt, Carol Coplan (Illinois)

Chairez, Joseph L. (California)

Cummins, Tiffany Lynn (Florida)

Ellerson, Tracey L. (Florida)

Hines, Erin Bolan (Illinois)

Mersol, Gregory V. (Ohio)

Nybo, Christopher L. (Illinois)

O'Donnell, Margo Wolf (Illinois)

Seegers, James Warren (Florida)

Shaughnessy, Kevin W (Florida)

Williams, Jeffrey T. (Ohio)

Other Attorney(s)

Caporusso, Catherine A (Illinois)

Schmidt, Randall D (Illinois)

Documents in the Clearinghouse

Document

1:09-cv-07693

Docket

EEOC v. Yellow Transportation, Inc.

April 8, 2013

April 8, 2013

Docket
1

1:09-cv-07693

Complaint, Jury Trial Demand

EEOC v. Yellow Transportation, Inc.

Dec. 9, 2009

Dec. 9, 2009

Complaint
41

1:09-cv-07693

Memorandum Opinion and Order

EEOC v. Yellow Transportation, Inc.

2010 WL 2891673

July 21, 2010

July 21, 2010

Order/Opinion
49

1:09-cv-07693

Complaint in Intervention

EEOC v. Yellow Transportation, Inc.

Oct. 6, 2010

Oct. 6, 2010

Complaint
192

1:09-cv-07693

Consent Decree

EEOC v. Yellow Transportation

Sept. 25, 2012

Sept. 25, 2012

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4259175/equal-employment-opportunity-commission-v-yellow-transportation-inc/

Last updated May 28, 2022, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by Equal Employment Opportunity Commission; Jury Demand. (Cohen, Ethan) (Entered: 12/10/2009)

Dec. 10, 2009

Dec. 10, 2009

RECAP
2

CIVIL Cover Sheet (Cohen, Ethan) (Entered: 12/10/2009)

Dec. 10, 2009

Dec. 10, 2009

PACER
3

ATTORNEY Appearance for Plaintiff Equal Employment Opportunity Commission by Ethan M.M. Cohen (Cohen, Ethan) (Entered: 12/10/2009)

Dec. 10, 2009

Dec. 10, 2009

PACER
4

ATTORNEY Appearance for Plaintiff Equal Employment Opportunity Commission by John C. Hendrickson (Hendrickson, John) (Entered: 12/11/2009)

Dec. 11, 2009

Dec. 11, 2009

PACER
5

ATTORNEY Appearance for Plaintiff Equal Employment Opportunity Commission by Richard John Mrizek (Mrizek, Richard) (Entered: 12/15/2009)

Dec. 15, 2009

Dec. 15, 2009

PACER
6

WAIVER OF SERVICE returned executed by Equal Employment Opportunity Commission. YRC, Inc. waiver sent on 12/23/2009, answer due 2/22/2010; Yellow Transportation, Inc. waiver sent on 12/23/2009, answer due 2/22/2010. (Mrizek, Richard) (Entered: 01/26/2010)

Jan. 26, 2010

Jan. 26, 2010

PACER
7

ATTORNEY Appearance for Plaintiff Equal Employment Opportunity Commission by Deborah Lois Hamilton (Hamilton, Deborah) (Entered: 02/01/2010)

Feb. 1, 2010

Feb. 1, 2010

PACER
8

ATTORNEY Appearance for Defendants YRC, Inc., Yellow Transportation, Inc. by Margo Wolf O'Donnell (O'Donnell, Margo) (Entered: 02/22/2010)

Feb. 22, 2010

Feb. 22, 2010

PACER
9

ANSWER to Complaint And Defenses by YRC, Inc., Yellow Transportation, Inc.(O'Donnell, Margo) (Entered: 02/22/2010)

Feb. 22, 2010

Feb. 22, 2010

RECAP
10

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by YRC, Inc., Yellow Transportation, Inc. (O'Donnell, Margo) (Entered: 02/22/2010)

Feb. 22, 2010

Feb. 22, 2010

PACER
11

Amended ANSWER to Complaint And Defenses by YRC, Inc., Yellow Transportation, Inc.(O'Donnell, Margo) (Entered: 02/22/2010)

Feb. 22, 2010

Feb. 22, 2010

RECAP
12

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by YRC, Inc., Yellow Transportation, Inc. (Amended) (O'Donnell, Margo) (Entered: 02/22/2010)

Feb. 22, 2010

Feb. 22, 2010

PACER
13

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-4591698. (Attachments: # 1 Exhibit A)(Ellerson, Tracey) (Entered: 03/08/2010)

2 Exhibit A

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March 8, 2010

March 8, 2010

PACER
14

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-4591782. (Attachments: # 1 Exhibit A)(Shaughnessy, Kevin) (Entered: 03/08/2010)

2 Exhibit A

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March 8, 2010

March 8, 2010

PACER
15

REQUEST for Clerk of Court to refund filing fee in the amount of 50.00, receipt no. 4591751, (Attachments: # 1 Exhibit A)(Ellerson, Tracey) (Entered: 03/12/2010)

2 Exhibit A

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March 12, 2010

March 12, 2010

PACER
16

MINUTE entry before Honorable James F. Holderman: The Applications of Tracey L. Ellerson and Kevin W. Shaughnessy to appear pro hac vice on behalf of the defendants 13 14 are granted. Mailed notice (am) (Entered: 03/18/2010)

March 18, 2010

March 18, 2010

PACER
17

MOTION by Plaintiff Equal Employment Opportunity Commission, Defendants YRC, Inc., Yellow Transportation, Inc. for discovery Status (Attachments: # 1 Exhibit Form 52 - Report of the Parties Planning Meeting)(Hamilton, Deborah) (Entered: 05/13/2010)

2 Exhibit Form 52 - Report of the Parties Planning Meeting

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May 13, 2010

May 13, 2010

PACER
18

JOINT NOTICE of Motion by Deborah Lois Hamilton for presentment of motion for discovery 17 before Honorable James F. Holderman on 5/18/2010 at 09:00 AM. (Hamilton, Deborah) (Entered: 05/13/2010)

May 13, 2010

May 13, 2010

PACER
19

MOTION by Plaintiff Equal Employment Opportunity Commission, Defendants YRC, Inc., Yellow Transportation, Inc. for discovery Status (Attachments: # 1 Exhibit Amended Exhibit A - Report of the Parties Planning Meeting)(Hamilton, Deborah) (Entered: 05/13/2010)

2 Exhibit Amended Exhibit A - Report of the Parties Planning Meeting

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May 13, 2010

May 13, 2010

PACER
20

Notice of Amended Motion NOTICE of Motion by Deborah Lois Hamilton for presentment of motion for discovery 19 before Honorable James F. Holderman on 5/18/2010 at 09:00 AM. (Hamilton, Deborah) (Entered: 05/13/2010)

May 13, 2010

May 13, 2010

PACER
21

MINUTE entry before Honorable James F. Holderman: Parties' joint motion for a status to report on the parties' proposed discovery schedule 17 is moot. Parties' joint amended motion for a status to report on the parties' proposed discovery schedule 19 is granted. Status hearing is set for 5/25/2010 at 9:00 AM for entry of scheduling order. Mailed notice (am) (Entered: 05/17/2010)

May 17, 2010

May 17, 2010

PACER
22

ATTORNEY Appearance for Defendant Yellow Transportation, Inc. by Christopher L Nybo (Nybo, Christopher) (Entered: 05/21/2010)

May 21, 2010

May 21, 2010

PACER
23

ATTORNEY Appearance for Defendant YRC, Inc. by Christopher L Nybo (Nybo, Christopher) (Entered: 05/24/2010)

May 24, 2010

May 24, 2010

PACER
24

MINUTE entry before Honorable James F. Holderman: ENTER STANDING ORDER RELATING TO THE DISCOVERY OF ELECTRONICALLY STORED INFORMATION. Mailed notice (am) (Entered: 05/28/2010)

May 25, 2010

May 25, 2010

PACER
25

Standing Order Relating To The Discovery Of Electronically Stored Information. Signed by the Honorable James F. Holderman on 5/25/2010: Mailed notice (am) (Entered: 05/28/2010)

May 25, 2010

May 25, 2010

PACER
26

MINUTE entry before Honorable James F. Holderman:Status hearing held on 5/25/2010 and is continued for 7/15/2010 at 9:00 AM for entry of scheduling order. This case will be referred to Magistrate Judge Cox for report and recommendation on parties' proposed discovery schedule. Mailed notice (am) (Entered: 05/28/2010)

May 25, 2010

May 25, 2010

PACER
27

EXECUTIVE COMMITTEE ORDER:Case referred to the Honorable Susan E. Cox pursuant to Local Rule 72.1 for report and recommendation on the parties' proposed discovery schedule. Signed by Executive Committee on 5/28/2010. (gmr, ) (Entered: 06/02/2010)

May 28, 2010

May 28, 2010

PACER
28

MINUTE entry before Honorable Susan E. Cox: Status hearing set for 6/10/10 at 9:30 a.m. Mailed notice (vkd, ) (Entered: 06/02/2010)

June 2, 2010

June 2, 2010

PACER
29

REPORT AND RECOMMENDATION. Signed by the Honorable Susan E. Cox on 6/10/10: (For further details see minute order). (vkd, ) (Entered: 06/11/2010)

June 10, 2010

June 10, 2010

PACER
30

MOTION by Plaintiff Equal Employment Opportunity Commission to compel (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Mrizek, Richard) (Entered: 06/17/2010)

2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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June 17, 2010

June 17, 2010

PACER
31

MEMORANDUM by YRC, Inc., Yellow Transportation, Inc. in Opposition to motion to compel 30 (Attachments: # 1 Exhibit A - Correspondence to EEOC dated January 13, 2010, # 2 Exhibit B - Correspondence to EEOC dated September 15, 2009)(Shaughnessy, Kevin) (Entered: 06/24/2010)

2 Exhibit A - Correspondence to EEOC dated January 13, 2010

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3 Exhibit B - Correspondence to EEOC dated September 15, 2009

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June 24, 2010

June 24, 2010

PACER
32

REPLY by Equal Employment Opportunity Commission to memorandum in opposition to motion, 31, MOTION by Plaintiff Equal Employment Opportunity Commission to compel 30 (Mrizek, Richard) (Entered: 06/30/2010)

June 30, 2010

June 30, 2010

PACER
33

Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Susan E. Cox for the purpose of holding proceedings related to: discovery disputes and settlement conference. (am) Mailed notice. (Entered: 07/02/2010)

July 2, 2010

July 2, 2010

PACER
34

ATTORNEY Appearance for Plaintiffs Charles Brown, Jeffery Burks, Antonio Colon, James Demoss, Jamison Dixon, Clark Faulkner, Kenneth George, Leonard Gregory, Marshun Hill, Mack Leonard, Cedric Muse, Laroy Washington, Darrell Williams, Charles Woods, Michael Woods by Carol Coplan Babbitt (Babbitt, Carol) (Entered: 07/09/2010)

July 9, 2010

July 9, 2010

PACER
35

MOTION by Plaintiffs Charles Woods, Laroy Washington, Darrell Williams, Marshun Hill, Jeffery Burks, Leonard Gregory, Cedric Muse, Michael Woods, Charles Brown, Mack Leonard, James Demoss, Clark Faulkner, Antonio Colon, Kenneth George, Jamison Dixon to intervene Interveneing plaintiff motion to intervene (Attachments: # 1 Exhibit Proposed Intervening Complaint)(Babbitt, Carol) Modified on 7/9/2010 (kj, ). (Entered: 07/09/2010)

1 Exhibit Proposed Intervening Complaint

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2 Exhibit Proposed Intervening Complaint

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July 9, 2010

July 9, 2010

RECAP
36

NOTICE of Motion by Carol Coplan Babbitt for presentment of motion to intervene, 35 before Honorable James F. Holderman on 7/15/2010 at 09:00 AM. (Babbitt, Carol) (Entered: 07/09/2010)

July 9, 2010

July 9, 2010

PACER
37

Additional Appearance by Charles Brown, Jeffery Burks, Antonio Colon, James Demoss, Jamison Dixon, Clark Faulkner, Kenneth George, Leonard Gregory, Marshun Hill, Mack Leonard, Cedric Muse, Laroy Washington, Darrell Williams, Charles Woods, Michael Woods (Schmidt, Randall) (Entered: 07/12/2010)

July 12, 2010

July 12, 2010

PACER
38

ATTORNEY Appearance for Movants Charles Brown, Jeffery Burks, Antonio Colon, James Demoss, Jamison Dixon, Clark Faulkner, Kenneth George, Leonard Gregory, Marshun Hill, Mack Leonard, Cedric Muse, Laroy Washington, Darrell Williams, Charles Woods, Michael Woods by Catherine A. Caporusso (Caporusso, Catherine) (Entered: 07/15/2010)

July 15, 2010

July 15, 2010

PACER
39

MINUTE entry before Honorable James F. Holderman: Motion hearing held on 7/15/2010. On Charles Woods, Laroy Washington, Darrell Williams, Marshun Hill, Jeffery Burks, Leonard Gregory, Cedric Muse, Michael Woods, Charles Brown, Mack Leonard, James Demoss, Clark Faulkner, Antonio Colon, Kenneth George, Jamison Dixon's motion to intervene to intervene as plaintiffs 35, responses due by 8/2/2010; reply due by 8/16/2010. Mailed notice (am) (Entered: 07/16/2010)

July 15, 2010

July 15, 2010

PACER
40

MINUTE entry before Honorable Susan E. Cox: Enter Memorandum Opinion and Order. The EEOC's motion to compel 30 is granted. The defendants are compelled to turn over a list of all African-American employees, with their last known addresses and phone numbers, employed at their Chicago Ridge, Illinois facility from January 1, 2004 until the facility closed. Status hearing set for August 19, 2010 at 9:30 a.m. (For further details see separate order). Mailed notice (vkd, ) (Entered: 07/21/2010)

July 21, 2010

July 21, 2010

PACER
41

MEMORANDUM Opinion and Order. Signed by the Honorable Susan E. Cox on 7/21/10. (vkd, ) (Entered: 07/21/2010)

July 21, 2010

July 21, 2010

RECAP
42

ATTORNEY Appearance for Plaintiff Equal Employment Opportunity Commission by Gregory M. Gochanour (Gochanour, Gregory) (Entered: 07/22/2010)

July 22, 2010

July 22, 2010

PACER
43

MOTION by Defendants YRC, Inc., Yellow Transportation, Inc. for extension of time To Respond To Motion For Leave To Intervene As Plaintiffs (unopposed) (O'Donnell, Margo) (Entered: 08/02/2010)

Aug. 2, 2010

Aug. 2, 2010

PACER
44

NOTICE of Motion by Margo Wolf O'Donnell for presentment of extension of time 43 before Honorable James F. Holderman on 8/12/2010 at 09:00 AM. (O'Donnell, Margo) (Entered: 08/02/2010)

Aug. 2, 2010

Aug. 2, 2010

PACER
45

MINUTE entry before Honorable James F. Holderman: Defendants YRC, Inc., Yellow Transportation, Inc.'s unopposed motion for extension of time to respond to motion for leave to intervene as plaintiffs 43 is granted. On the movants' motion to intervene as plaintiffs 35, responses will be due by 8/12/2010; replies due by 8/26/2010. The Court to rule electronically. Mailed notice (am) (Entered: 08/04/2010)

Aug. 4, 2010

Aug. 4, 2010

PACER
46

Notice of Non-Objection to Motion for Leave to Intervene as Plaintiffs by YRC, Inc., Yellow Transportation, Inc. (Shaughnessy, Kevin) (Entered: 08/16/2010)

Aug. 16, 2010

Aug. 16, 2010

PACER
47

MINUTE entry before Honorable Susan E. Cox: Status hearing held. EEOC has served discovery. EEOC has received employee lists. Status hearing set for 11/22/10 at 9:30 a.m. Mailed notice (vkd, ) (Entered: 08/19/2010)

Aug. 19, 2010

Aug. 19, 2010

PACER
48

MINUTE entry before Honorable James F. Holderman:There being no objections, Charles Woods, Laroy Washington, Darrell Williams, Marshun Hill, Jeffery Burks, Leonard Gregory, Cedric Muse, Michael Woods, Charles Brown, Mack Leonard, James Demoss, Clark Faulkner, Antonio Colon, Kenneth George and Jamison Dixons motion for leave to intervene as plaintiffs 35 is granted. Defendants are given until 10/29/2010 to file their responsive pleading to the complaint in intervention. Status hearing is set for 11/4/2010 at 9:00 A.M. Mailed notice (ef, ) Modified on 10/6/2010 (ef, ). (Entered: 10/06/2010)

Oct. 5, 2010

Oct. 5, 2010

PACER
49

INTERVENOR complaint filed by Charles Woods, Laroy Washington, Darrell Williams, Marshun Hill, Jeffery Burks, Leonard Gregory, Cedric Muse, Michael Woods, Charles Brown, Mack Leonard, James Demoss, Clark Faulkner, Antonio Colon, Kenneth George, Jamison Dixon against YRC, Inc., Yellow Transportation, Inc.(Schmidt, Randall) (Entered: 10/06/2010)

Oct. 6, 2010

Oct. 6, 2010

PACER
50

ANSWER to Intervenor Complaint by YRC, Inc., Yellow Transportation, Inc.(Shaughnessy, Kevin) (Entered: 10/29/2010)

Oct. 29, 2010

Oct. 29, 2010

PACER
51

MINUTE entry before Honorable James F. Holderman: Status hearing held on 11/4/2010. Fact Discovery ordered closed by 11/30/2011. Expert Discovery ordered closed by 4/2/2012. Dispositive motions with supporting memoranda due by 5/15/2012; responses due by 6/19/2012. Replies due by 7/17/2012. Final Pretrial Order due by 9/14/2012. Motions in limine with supporting memoranda due by 9/14/2012; responses due by 9/21/2012. Final Pretrial Conference set for 9/27/2012 at 4:00 PM. Jury Trial set for 10/15/2012 at 9:00 AM. Mailed notice (am) Modified on 11/22/2010 (am, ). (Entered: 11/05/2010)

Nov. 4, 2010

Nov. 4, 2010

PACER
52

MINUTE entry before Honorable James F. Holderman: Enter order correcting minute entry dated 11/4/2010 to read: Pretrial Conference set for 9/27/2012 at 4:00 PM. Mailed notice (am) (Entered: 11/22/2010)

Nov. 22, 2010

Nov. 22, 2010

PACER
53

MINUTE entry before Honorable Susan E. Cox: Status hearing held. The Court was informed of the progress of discovery including production of documents set to begin 12/13/10. Status hearing set for 1/11/11 at 9:30 a.m. Mailed notice (vkd, ) (Entered: 11/22/2010)

Nov. 22, 2010

Nov. 22, 2010

PACER
54

MINUTE entry before Honorable Susan E. Cox: Enter Agreed Protective Order. (For further details see separate order). Mailed notice (vkd, ) (Entered: 12/22/2010)

Dec. 22, 2010

Dec. 22, 2010

PACER
55

AGREED PROTECTIVE Order. Signed by the Honorable Susan E. Cox on 12/22/10: (vkd, ) (Entered: 12/22/2010)

Dec. 22, 2010

Dec. 22, 2010

PACER
56

MINUTE entry before Honorable Susan E. Cox: Pursuant to a request by the parties, status hearing set for 1/11/2011 at 9:30 a.m is stricken and reset to 1/20/2011 at 9:30 a.m. Mailed notice (vkd, ) (Entered: 01/10/2011)

Jan. 10, 2011

Jan. 10, 2011

PACER
57

MINUTE entry before Honorable Susan E. Cox: Status hearing held. Parties informed the Court of the phases and progress of discovery. The Court inquired regarding settlement, however the issue regarding coverage has not yet been made clear. Status hearing set for 3/22/11 at 9:30 a.m. Mailed notice (vkd, ) (Entered: 01/20/2011)

Jan. 20, 2011

Jan. 20, 2011

PACER
58

MOTION by Plaintiff Equal Employment Opportunity Commission to compel Defendants to Produce Documents Related to Lost or Damaged Freight Investigations and Workers Compensation Claims (Attachments: # 1 Exhibit)(Hamilton, Deborah) (Entered: 02/28/2011)

1 Exhibit

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Feb. 28, 2011

Feb. 28, 2011

PACER
59

NOTICE of Motion by Deborah Lois Hamilton for presentment of motion to compel 58 before Honorable Susan E. Cox on 3/3/2011 at 09:30 AM. (Hamilton, Deborah) (Entered: 02/28/2011)

Feb. 28, 2011

Feb. 28, 2011

PACER
60

MINUTE entry before Honorable Susan E. Cox: Pursuant to a joint request by the parties, hearing on EEOC's motion to compel 58 set for 3/3/11 at 9:30 a.m is stricken. Motion hearing set for 3/8/11 at 9:30 a.m. Mailed notice (vkd, ) (Entered: 03/01/2011)

March 1, 2011

March 1, 2011

PACER
61

MINUTE entry before Honorable Susan E. Cox: Motion hearing held. Status hearing held. Plaintiff's motion to compel 58 is denied as to the discovery relating to lost or damaged freight. The motion is granted as to the discovery sought relating to the worker's compensation injuries. The Court was informed of the progress of discovery. Status hearing set for 3/22/11 at 9:30 a.m. is stricken. Status hearing set for 4/25/11 at 9:30 a.m. Mailed notice (vkd, ) (Entered: 03/08/2011)

March 8, 2011

March 8, 2011

PACER
62

ATTORNEY Appearance for Plaintiff Equal Employment Opportunity Commission by Bradley S. Fiorito (Fiorito, Bradley) (Entered: 03/18/2011)

March 18, 2011

March 18, 2011

PACER
63

MOTION by Defendants YRC, Inc., Yellow Transportation, Inc. to compel Plaintiff To Produce Documents and Information Relating To Complaints Against Employers Other Than Defendants (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(O'Donnell, Margo) (Entered: 04/20/2011)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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April 20, 2011

April 20, 2011

PACER
64

NOTICE of Motion by Margo Wolf O'Donnell for presentment of motion to compel, 63 before Honorable Susan E. Cox on 4/26/2011 at 09:30 AM. (O'Donnell, Margo) (Entered: 04/20/2011)

April 20, 2011

April 20, 2011

PACER
65

MINUTE entry before Honorable Susan E. Cox: Status hearing set for 4/25/11 at 9:30 a.m. is stricken. Status hearing set for 4/26/11 at 9:30 a.m. Mailed notice (vkd, ) (Entered: 04/20/2011)

April 20, 2011

April 20, 2011

PACER
66

MOTION by Plaintiff Equal Employment Opportunity Commission to compel Defendants to Produce Facts Learned From Persons With Whom Defendants Have Communicated Regarding this Lawsuit (Attachments: # 1 Exhibit A-M)(Hamilton, Deborah) (Entered: 04/21/2011)

1 Exhibit A-M

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April 21, 2011

April 21, 2011

PACER
67

NOTICE of Motion by Deborah Lois Hamilton for presentment of motion to compel 66 before Honorable Susan E. Cox on 4/26/2011 at 09:30 AM. (Hamilton, Deborah) (Entered: 04/21/2011)

April 21, 2011

April 21, 2011

PACER
68

STATUS Report as of April 25, 2011 by Equal Employment Opportunity Commission (Mrizek, Richard) (Entered: 04/25/2011)

April 25, 2011

April 25, 2011

PACER
69

MINUTE entry before Honorable Susan E. Cox: Status hearing held. Defendants to complete production of responses to EEOC's first set of interrogatories - Interrogatory No. 2 - on or before 5/31/11. Per defendants' representation in court, responses to EEOC's first request for production of documents will be completed by today. As noted in EEOC's status report, defendants also expect to respond to EEOC's second set of interrogatories, and EEOC's second request for production of documents, by 5/2/11. As discussed in open court, EEOC to respond and produce documents due to defendants by 6/30/11. Status hearing set for 5/11/11 at 9:30 a.m. Defendant's motion to compel 63 is denied. Plaintiff's motion to compel 66 is entered and continued. Response to be filed on or before 5/3/11. Motion hearing 66 set for 5/11/11 at 9:30 a.m. In light of the additional discovery disputes addressed in Court, the parties are given leave to file a motion to be noticed for 5/11/11, if they deem it necessary, though it is not a set motion day. Mailed notice (vkd, ) (Entered: 04/27/2011)

April 26, 2011

April 26, 2011

PACER
70

RESPONSE by YRC, Inc., Yellow Transportation, Inc. to MOTION by Plaintiff Equal Employment Opportunity Commission to compel Defendants to Produce Facts Learned From Persons With Whom Defendants Have Communicated Regarding this Lawsuit 66 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(O'Donnell, Margo) (Entered: 05/03/2011)

1 Exhibit 1

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2 Exhibit 2

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May 3, 2011

May 3, 2011

PACER
71

RESPONSE by Equal Employment Opportunity Commissionin Support of MOTION by Plaintiff Equal Employment Opportunity Commission to compel Defendants to Produce Facts Learned From Persons With Whom Defendants Have Communicated Regarding this Lawsuit 66 (Attachments: # 1 Exhibit)(Hamilton, Deborah) (Entered: 05/05/2011)

1 Exhibit

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May 5, 2011

May 5, 2011

PACER
72

MOTION by Plaintiff Equal Employment Opportunity Commission to compel Defendants to Identify Persons with Knowledge and to Describe that Knowledge (Attachments: # 1 Exhibit A - G, # 2 Exhibit H)(Hamilton, Deborah) (Entered: 05/05/2011)

1 Exhibit A - G

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2 Exhibit H

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May 5, 2011

May 5, 2011

PACER
73

NOTICE of Motion by Ethan M.M. Cohen for presentment of motion to compel 72 before Honorable Susan E. Cox on 5/11/2011 at 09:30 AM. (Cohen, Ethan) (Entered: 05/05/2011)

May 5, 2011

May 5, 2011

PACER
74

RESPONSE by Yellow Transportation, Inc. to MOTION by Plaintiff Equal Employment Opportunity Commission to compel Defendants to Identify Persons with Knowledge and to Describe that Knowledge 72 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(O'Donnell, Margo) (Entered: 05/10/2011)

1 Exhibit 1

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2 Exhibit 2

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May 10, 2011

May 10, 2011

PACER
75

STATUS Report by YRC, Inc., Yellow Transportation, Inc. (O'Donnell, Margo) (Entered: 05/10/2011)

May 10, 2011

May 10, 2011

PACER
76

MINUTE entry before Honorable Susan E. Cox: Status hearing held. EEOC's motion to compel 66 regarding interrogatory #12 is granted in part and denied in part. EEOC's motion to compel 72 regarding identity of persons with knowledge, interrogatory #3 is granted in part and denied in part. Defendant does not have to divulge to EEOC the identity of every individual interviewed, but defendant must identify people with knowledge and summarize that knowledge succinctly, enough to provide EEOC with information necessary to allow it to determine whether to depose those particular individuals. With respect to on-going discovery production, as each party goes through summaries, those should be turned over to the other side on a rolling basis. Defendant has to 6/10/11 to produce the summaries to EEOC, as outlined in open court. Status hearing set for 6/16/11 at 9:30 a.m. Mailed notice (vkd, ) (Entered: 05/12/2011)

May 11, 2011

May 11, 2011

PACER
77

MOTION by Plaintiff Equal Employment Opportunity Commission for order to show cause (Mrizek, Richard) (Entered: 06/14/2011)

June 14, 2011

June 14, 2011

PACER
78

EXHIBITS In Support of Motion for Order to Show Cause(Mrizek, Richard) (Docket Text Modified by Clerk's Office). Modified on 6/15/2011 (et, ). (Entered: 06/14/2011)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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June 14, 2011

June 14, 2011

PACER
79

NOTICE of Motion by Richard John Mrizek for presentment of (Mrizek, Richard) (Entered: 06/14/2011)

June 14, 2011

June 14, 2011

PACER
80

RESPONSE by YRC, Inc., Yellow Transportation, Inc. to MOTION by Plaintiff Equal Employment Opportunity Commission for order to show cause 77 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(O'Donnell, Margo) (Entered: 06/15/2011)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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June 15, 2011

June 15, 2011

PACER
81

STATUS Report as of June 15, 2011 by Equal Employment Opportunity Commission (Hamilton, Deborah) (Entered: 06/15/2011)

June 15, 2011

June 15, 2011

PACER
82

MINUTE entry before Honorable Susan E. Cox: Status hearing held. Plaintiff's motion for order to show cause 77 is taken under advisement. Defendants' counsel is cautioned to not file written responses to motions without leave of court. The Court will, therefore, strike the defendants' response 80 brief. Defendants are given leave to file a new response brief that more fully addresses the concerns addressed in open court. Defendants given leave to do so on or before 6/30/11. Plaintiff to file a reply on or before 7/8/11. Ruling set for 7/25/11 at 9:30 a.m. Status hearing set for 7/25/11 at 9:30 a.m. Defendants are instructed to verify that, indeed, the interrogatory responses that defendants have indicated in court as complete, are complete. Defendants are to update the employment status of certain individuals, supplementing previous responses, per the requirements under the Federal Rules. Mailed notice (vkd, ) (Entered: 06/17/2011)

June 16, 2011

June 16, 2011

PACER
83

RESPONSE by YRC, Inc., Yellow Transportation, Inc. to MOTION by Plaintiff Equal Employment Opportunity Commission for order to show cause 77 (Attachments: # 1 Exhibit 1 - Defendants' Third Supplemental Response to Plaintiff's First Set of Interrogatories, # 2 Exhibit 2 - Plaintiff's First Set of Interrogatories, # 3 Exhibit 3 - Letter dated October 20, 2010, # 4 Exhibit 4 - Letter dated November 3, 2010, # 5 Exhibit 5 - Letter dated February 2, 2011, # 6 Exhibit 6 - Email dated March 3, 2011, # 7 Exhibit 7 - Defendants' Supplemental Response to Plaintiff's First Set of Interrogatories, # 8 Exhibit 8 - Email dated April 28, 2011, # 9 Exhibit 9 - Hearing Transcript dated May 11, 2011, # 10 Exhibit 10 - Minute Order dated May 11, 2011, # 11 Exhibit 11 - Hearing Transcript dated June 16, 2011, # 12 Exhibit 12 - Minute Order dated June 16, 2011, # 13 Exhibit 13 - Composite, # 14 Exhibit 14 - E-mail dated June 27, 2011)(Shaughnessy, Kevin) (Entered: 06/30/2011)

1 Exhibit 1 - Defendants' Third Supplemental Response to Plaintiff's Fir

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2 Exhibit 2 - Plaintiff's First Set of Interrogatories

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3 Exhibit 3 - Letter dated October 20, 2010

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4 Exhibit 4 - Letter dated November 3, 2010

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5 Exhibit 5 - Letter dated February 2, 2011

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6 Exhibit 6 - Email dated March 3, 2011

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7 Exhibit 7 - Defendants' Supplemental Response to Plaintiff's First Set

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8 Exhibit 8 - Email dated April 28, 2011

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9 Exhibit 9 - Hearing Transcript dated May 11, 2011

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10 Exhibit 10 - Minute Order dated May 11, 2011

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11 Exhibit 11 - Hearing Transcript dated June 16, 2011

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12 Exhibit 12 - Minute Order dated June 16, 2011

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13 Exhibit 13 - Composite

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14 Exhibit 14 - E-mail dated June 27, 2011

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June 30, 2011

June 30, 2011

PACER
84

MOTION by Plaintiff Equal Employment Opportunity Commission for extension of time to answer interrogatories (Mrizek, Richard) (Entered: 06/30/2011)

June 30, 2011

June 30, 2011

PACER
85

NOTICE of Motion by Richard John Mrizek for presentment of extension of time 84 before Honorable Susan E. Cox on 7/25/2011 at 09:30 AM. (Mrizek, Richard) (Entered: 06/30/2011)

June 30, 2011

June 30, 2011

PACER
86

REPLY by Equal Employment Opportunity Commission to MOTION by Plaintiff Equal Employment Opportunity Commission for order to show cause 77 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Cohen, Ethan) (Entered: 07/08/2011)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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July 8, 2011

July 8, 2011

PACER
87

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 100, receipt number 0752-6191237. (Cummins, Tiffany) (Entered: 07/15/2011)

July 15, 2011

July 15, 2011

PACER
88

MINUTE entry before Honorable Susan E. Cox: On the Court's own motion, ruling on plaintiff's motion for order to show cause 77 set for 7/25/11 at 9:30 a.m. is stricken and reset to 7/26/11 at 9:30 a.m. Hearing on plaintiff's motion for extension of time to answer interrogatories 84 set for 7/25/11 at 9:30 a.m. is stricken and reset to 7/26/11 at 9:30 a.m. Status hearing set for 7/25/11 at 9:30 a.m. is stricken and reset to 7/26/11 at 9:30 a.m. Mailed notice (vkd, ) (Entered: 07/18/2011)

July 18, 2011

July 18, 2011

PACER
89

MINUTE entry before Honorable Susan E. Cox: Motion by Tiffany L. Cummins for leave to appear pro hac vice on behalf of defendants Yellow Transportation, Inc. and YRC, Inc. 87 is granted; Attorney Tiffany Lynn Cummins for YRC, Inc. added. Mailed notice (vkd, ) (Entered: 07/19/2011)

July 19, 2011

July 19, 2011

PACER
90

MINUTE entry before Honorable Susan E. Cox: Plaintiff's motion for extension of time to answer interrogatories 84 is granted. EEOC is given until 7/29/11 to complete its discovery responses on behalf of its claimants. Parties need not appear on 7/26/11 at 9:30 a.m. for presentment of said motion. Mailed notice (vkd, ) (Entered: 07/20/2011)

July 20, 2011

July 20, 2011

PACER
91

MINUTE entry before Honorable Susan E. Cox: Ruling on plaintiff's motion for order to show cause 77 set for 7/26/11 at 9:30 a.m. is stricken and reset to 8/3/11 at 9:30 a.m. Status hearing set for 7/26/11 at 9:30 a.m. is stricken and reset to 8/3/11 at 9:30 a.m. Mailed notice (vkd, ) (Entered: 07/21/2011)

July 21, 2011

July 21, 2011

PACER
92

MINUTE entry before Honorable Susan E. Cox: Plaintiff's motion for order to show cause 77 is denied with one limited exception. Status hearing set for 8/3/11 at 9:30 a.m. is stricken. Status hearing on the progress of discovery is set for 8/31/11 at 9:30 a.m. (For further details, see minute order). Mailed notice (vkd, ) (Entered: 08/02/2011)

Aug. 2, 2011

Aug. 2, 2011

PACER
93

STATUS Report Jointly Filed by Charles Brown, Jeffery Burks, Antonio Colon, James Demoss, Jamison Dixon, Equal Employment Opportunity Commission, Clark Faulkner, Kenneth George, Leonard Gregory, Marshun Hill, Mack Leonard, Cedric Muse, Laroy Washington, Darrell Williams, Charles Woods, Michael Woods, YRC, Inc., Yellow Transportation, Inc. (Mrizek, Richard) (Entered: 08/30/2011)

Aug. 30, 2011

Aug. 30, 2011

PACER
94

ATTORNEY Appearance for Defendants YRC, Inc., Yellow Transportation, Inc. by Erin Bolan Hines (Hines, Erin) (Entered: 08/31/2011)

Aug. 31, 2011

Aug. 31, 2011

PACER
95

MINUTE entry before Honorable Susan E. Cox: Magistrate Judge Status hearing held on 8/31/2011. The parties are directed to notice any motions for extension of discovery deadline before Judge Holderman. Status hearing continued to 11/2/2011 at 9:30 a.m. As that date approaches, if the parties believe that the status hearing is unnecessary, the parties should notify the Court. Mailed notice by judge's staff. (srb,) (Entered: 08/31/2011)

Aug. 31, 2011

Aug. 31, 2011

PACER
96

MOTION by Movants Charles Brown, Jeffery Burks, Antonio Colon, James Demoss, Jamison Dixon, Clark Faulkner, Kenneth George, Leonard Gregory, Marshun Hill, Mack Leonard, Cedric Muse, Laroy Washington, Darrell Williams, Charles Woods, Michael Woods, Plaintiff Equal Employment Opportunity Commission, Defendants YRC, Inc., Yellow Transportation, Inc. for extension of time to complete discovery (Mrizek, Richard) (Entered: 09/12/2011)

Sept. 12, 2011

Sept. 12, 2011

PACER
97

NOTICE of Motion by Richard John Mrizek for presentment of motion for extension of time to complete discovery, 96 before Honorable James F. Holderman on 9/15/2011 at 09:00 AM. (Mrizek, Richard) (Entered: 09/12/2011)

Sept. 12, 2011

Sept. 12, 2011

PACER
98

MINUTE entry before Honorable James F. Holderman: Parties' joint motion to extend deadline for fact discovery 96 is granted. Fact Discovery ordered closed 5/30/2012. Expert Discovery ordered closed by 8/30/2012. Dispositive motions with supporting memoranda due by 10/15/2012; responses due by 11/13/2012. Replies due by 12/11/2012. Pretrial Order due by 2/13/2013. Motions in limine with supporting memoranda due by 2/13/2013; responses due by 2/20/2013. Final Pretrial Conference set for 3/6/2013 at 4:00 PM. Jury Trial set for 3/18/2013 at 9:00 AM. Mailed notice (am) (Entered: 09/19/2011)

Sept. 15, 2011

Sept. 15, 2011

PACER
99

MINUTE entry before Honorable Susan E. Cox: Status hearing held. The parties informed the Court that settlement negotiations are ongoing but that the uncertainty of insurance coverage is impeding those negotiations. Parties to exchange lists of deponents by 11/18/11. Status hearing set for 1/18/12 at 9:30 a.m. for a discussion regarding remaining discovery. Mailed notice (vkd, ) (Entered: 11/02/2011)

Nov. 2, 2011

Nov. 2, 2011

PACER
100

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-6741732. (Seegers, James) (Entered: 01/17/2012)

Jan. 17, 2012

Jan. 17, 2012

PACER

Case Details

State / Territory: Illinois

Case Type(s):

Equal Employment

Key Dates

Filing Date: Dec. 10, 2009

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

EEOC filing on behalf of 14 black current or former employees and the class of black employees at the relevant job sites.

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Yellow Transportation, Inc., Private Entity/Person

YRC, Inc., Private Entity/Person

Defendant Type(s):

Transportation

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $11,000,000

Order Duration: 2012 - 2015

Issues

General:

Disparate Treatment

Discrimination-area:

Discipline

Harassment / Hostile Work Environment

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

Pay / Benefits

Discrimination-basis:

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit

Private Suit Related / Consolidated with EEOC Suit