Case: Hubbard v. Potter

1:03-cv-01062 | U.S. District Court for the District of District of Columbia

Filed Date: May 14, 2003

Closed Date: 2013

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Case Summary

On May 14, 2003, deaf and hard-of-hearing employees of the United States Postal Service, on their own behalf and on behalf of a class of people similarly situated, filed a lawsuit in the U.S. District Court for the District of Columbia against the Postmaster General of the United States Postal Service in his official capacity, under The Rehabilitation Act 29 U.S.C. § 791 et. seq. after beginning an action with the EEOC that stalled for about seven months. The plaintiffs, represented by private …

The plaintiffs alleged that the defendants failed to provide reasonable accommodations as required by the Rehabilitation Act and thereby caused the plaintiffs and their putative class to suffer harm of frustration, anxiety, fear and distress conditions particularly exacerbated by the anthrax threat in 2001. Specifically, the complaint alleged that the defendant discriminated against the plaintiffs and their putative class by failing to provide licensed sign language interpreters to its deaf and hard-of-hearing employees during important staff meetings that discussed safety, work place practices, and Postal Service policies.

On May 26, 2004, the District Court (Judge Richard J. Leon) granted the defendant's motion to strike and dismiss the class action portions of the plaintiffs' complaint because the plaintiffs failed to show that their claims were common and typical of their class as required by Federal Rules of Civil Procedure 23(a). However, the Court granted in part the plaintiff's motion to compel and denied the defendants's motion for a protective order. The parties proceeded to discovery.

During the next six years, the parties engaged in various discovery disputes and plaintiffs entered several amended complaints. In 2010, the parties engaged in settlement negotiations and mediation.

On October 24, 2011, the plaintiffs filed an unopposed motion for class certification and court approval of attached Global Settlement Agreement among the parties.

On October 19, 2012, in an order, the District Court (Judge Leon) certified the class for purposes of settlement and granted leave for the plaintiffs to amend their complaint, a hearing for the final settlement agreement, and preliminary approval.

In compliance with Judge Leon's order, the plaintiffs filed their third amended class action compliant alleging the defendant failed to provide reasonable accommodations and that failure "impeded [plaintiffs'] ability to perform an essential job function." The plaintiff also added plaintiffs from a parallel action against the defendant then being litigated in front of the EEOC whose added allegations where incorporated into the class definition quoted above.

On July 31, 2013, the District Court (Judge Leon) approved the Global Settlement Agreement that awarded the plaintiffs $4.33 million, including $1,550,000 for plaintiffs' attorneys fees and expenses, and $3,525,783 in compensatory damages. The Court also granted an injunction that, among other things, required: the to defendant provide alternative means of communication to their deaf and hard-of-hearing employees for "important workplace communications" upon request; the defendant to create the Postal Service Reasonable Accommodation Assistance Center to monitor provision of reasonable accommodations in the postal service; and both parties to appoint a independent ombudsmen for three years to enforce the agreement.

The District Court stayed dismissal of the case for a period of three years in order to retain jurisdiction with respect to enforcement of the terms of the agreement. The period of enforcement ran from August 30, 2013-August 30, 2016 without further litigation or conflict. The parties completed their respective obligations pursuant the settlement agreement and the case was voluntarily dismissed with prejudice on September 8, 2016.

	Document
1:03-cv-01062	Docket [PACER]	Sept. 8, 2016	Sept. 8, 2016 Docket
1 1:03-cv-01062	Class Action Complaint	May 14, 2003	May 14, 2003 Complaint
29 1:03-cv-01062	Memorandum Opinion and Order	May 26, 2004	May 26, 2004 Order/Opinion
108 1:03-cv-01062	Memorandum Opinion	Feb. 22, 2007	Feb. 22, 2007 Order/Opinion 2007 WL 604949
122 1:03-cv-01062	Memorandum Opinion	Jan. 3, 2008	Jan. 3, 2008 Order/Opinion 247 F.R.D. 27
149 1:03-cv-01062	Third Amended Class Action Complaint	Oct. 21, 2011	Oct. 21, 2011 Complaint
138-2 1:03-cv-01062	Global Settlement Agreement	Oct. 21, 2011	Oct. 21, 2011 Settlement Agreement
168 1:03-cv-01062	Order [Final Judgment]	July 31, 2013	July 31, 2013 Order/Opinion
167 1:03-cv-01062	Memorandum Opinion	July 31, 2013	July 31, 2013 Order/Opinion 2013 WL 3943495

ECF Number	Description	Date	Link Date / Link
	SUMMONS Not Issued as to JOHN E. POTTER (nmw, ) (Entered: 05/16/2003)	May 14, 2003	May 14, 2003
	SUMMONS (3) Issued as to JOHN E. POTTER, U.S. Attorney and U.S. Attorney General (nmw, ) (Entered: 05/16/2003)	May 14, 2003	May 14, 2003
1	COMPLAINT against JOHN E. POTTER (Filing fee $ 150.), filed by BRUCE C. HUBBARD, JUDY M. SCHULD, GRACE J. SHIRK-EMMONS, LUCY I. STIEGLITZ, GEORGE R. WESTENBERGER.(nmw, ) (Entered: 05/16/2003)	May 14, 2003	May 14, 2003 Clearinghouse
2	ATTORNEY APPEARANCE. (McDaniel, Oliver) (Entered: 05/30/2003)	May 30, 2003	May 30, 2003
3	MOTION for Extension of Time to File Answer re 1 Complaint or Other Response and Memorandum in Support Thereof by JOHN E. POTTER. (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 07/10/2003)	July 10, 2003	July 10, 2003
4	ORDER granting 3 MOTION for Extension of Time to File Answer re 1 Complaint or Other Respond. Defendant shall have up to and including 8/22/03, to answer or to otherwise respond. Signed by Judge Richard J. Leon on 7/12/03. (whb) (Entered: 07/14/2003)	July 14, 2003	July 14, 2003
5	MOTION for Extension of Time to File Motion for Class Certification and Memorandum in Support Thereof by BRUCE C. HUBBARD, JUDY M. SCHULD, GRACE J. SHIRK-EMMONS, LUCY I. STIEGLITZ, GEORGE R. WESTENBERGER. (Denig, Christopher) (Entered: 08/04/2003)	Aug. 4, 2003	Aug. 4, 2003
6	NOTICE of Appearance by Carla M. Mathers, James E. McCollum Jr. on behalf of BRUCE C. HUBBARD, JUDY M. SCHULD, GRACE J. SHIRK-EMMONS, LUCY I. STIEGLITZ, GEORGE R. WESTENBERGER (jf, ) (Entered: 08/07/2003)	Aug. 6, 2003	Aug. 6, 2003
7	ANSWER to Complaint by JOHN E. POTTER.(McDaniel, Oliver) (Entered: 08/22/2003)	Aug. 22, 2003	Aug. 22, 2003
8	NOTICE of Appearance by Elizabeth Elaine Gardner on behalf of all plaintiffs (Gardner, Elizabeth) (Entered: 10/27/2003)	Oct. 27, 2003	Oct. 27, 2003
9	ENTERED IN ERROR.....REPORT of Rule 26(f) Planning Meeting. (Denig, Christopher) Modified on 11/14/2003 (jf, ). (Entered: 11/13/2003)	Nov. 13, 2003	Nov. 13, 2003
10	MOTION to Dismiss, MOTION to Strike 1 Complaint (Class Allegations) and Memorandum of Points and Authorities in Support Thereof by JOHN E. POTTER. (Attachments: # 1 Text of Proposed Order # 2 Attachment)(McDaniel, Oliver) (Entered: 11/13/2003)	Nov. 13, 2003	Nov. 13, 2003
	NOTICE OF CORRECTED DOCKET ENTRY. Document No. 9 was entered in error and counsel was instructed to re-ﬁle said pleading, using correct category. (jf, ) (Entered: 11/14/2003)	Nov. 14, 2003	Nov. 14, 2003
11	MEET AND CONFER STATEMENT. (Denig, Christopher) (Entered: 11/14/2003)	Nov. 14, 2003	Nov. 14, 2003
	Set/Reset Hearings: Status Conference set for 12/9/2003 03:00 PM in Courtroom 7 before Judge Richard J. Leon. (whb) (Entered: 11/26/2003)	Nov. 26, 2003	Nov. 26, 2003
12	Memorandum in opposition to motion re 10 to strike or dismiss the class allegations of the complaint filed by BRUCE C. HUBBARD, JUDY M. SCHULD, GRACE J. SHIRK-EMMONS, LUCY I. STIEGLITZ, GEORGE R. WESTENBERGER. (Denig, Christopher) (Entered: 11/28/2003)	Nov. 28, 2003	Nov. 28, 2003
13	Consent MOTION to Continue Status Conference by BRUCE C. HUBBARD, JUDY M. SCHULD, GRACE J. SHIRK-EMMONS, LUCY I. STIEGLITZ, GEORGE R. WESTENBERGER. (Denig, Christopher) (Entered: 12/04/2003)	Dec. 4, 2003	Dec. 4, 2003
14	ORDER GRANTING re 13 Consent MOTION to Continue Status Conference filed by BRUCE C. HUBBARD, JUDY M. SCHULD, GRACE J. SHIRK-EMMONS, LUCY I. STIEGLITZ, GEORGE R. WESTENBERGER Status Conference set for 1/13/2004 11:00 AM in Courtroom 7 before Judge Richard J. Leon. Signed by Judge Richard J. Leon on 12/8/03. (zwhb) (Entered: 12/10/2003)	Dec. 10, 2003	Dec. 10, 2003
15	MOTION for Extension of Time to File Response/Reply as to 12 Memorandum in Opposition (Unopposed) and Memorandum in Support Thereof by JOHN E. POTTER. (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 12/10/2003)	Dec. 10, 2003	Dec. 10, 2003
16	ORDER granting 15 MOTION for Extension of Time to File Response/Reply as to 12 Memorandum in Opposition and Memorandum in Support Thereof by JOHN E. POTTER Replies due by 12/17/2003.. Signed by Judge Richard J. Leon on 12/11/03. (zwhb) (Entered: 12/15/2003)	Dec. 15, 2003	Dec. 15, 2003
17	MOTION for Extension of Time to File Response/Reply as to 12 Memorandum in Opposition (Two-Day) and Memorandum in Support Thereof by JOHN E. POTTER. (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 12/17/2003)	Dec. 17, 2003	Dec. 17, 2003
18	First MOTION to Compel Defendant to Respond to Plaintiffs' First Set of Interrogatories and Plaintiffs' First Request for Production of Documents by BRUCE C. HUBBARD, JUDY M. SCHULD, GRACE J. SHIRK-EMMONS, LUCY I. STIEGLITZ, GEORGE R. WESTENBERGER. (Attachments: # 1 Exhibit Plaintiffs' Discovery Requests# 2 Text of Proposed Order Plaintiffs' Proposed Order re: Motion to Compel)(Denig, Christopher) (Entered: 12/19/2003)	Dec. 19, 2003	Dec. 19, 2003
19	REPLY to opposition to motion re 10 Defendant's Motion to Strike or Dismiss Class Action Allegations of the Complaint filed by JOHN E. POTTER. (McDaniel, Oliver) (Entered: 12/19/2003)	Dec. 19, 2003	Dec. 19, 2003
20	MOTION for Protective Order and Memorandum in Support Thereof by JOHN E. POTTER. (Attachments: # 1 Text of Proposed Order # 2 Attachment (Plaintiff's Discovery))(McDaniel, Oliver) (Entered: 12/19/2003)	Dec. 19, 2003	Dec. 19, 2003
21	MOTION for Extension of Time to Respond to Plaintiffs' Pre-conference Discovery Requests, and Memorandum in Support Thereof by JOHN E. POTTER. (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 12/19/2003)	Dec. 19, 2003	Dec. 19, 2003
22	ORDER granting 17 MOTION for Extension of Time to File Response/Reply as to 12 Memorandum in Opposition (Two-Day) and Memorandum in Support Thereof by JOHN E. POTTER. Responses due by 12/19/2003. Signed by Judge Richard J. Leon on 12/20/03. (whb) (Entered: 12/22/2003)	Dec. 22, 2003	Dec. 22, 2003
23	ORDER granting 21 MOTION for Extension of Time to Respond to Plaintiffs' Pre-conference Discovery Requests, and Memorandum in Support Thereof by JOHN E. POTTER. Defendant shall have thirty days after the Court orders the commencment of discovery in this case to respond to plaintiff's discovery requests dated November 14, 2003. Signed by Judge Richard J. Leon on 12/24/03. (whb) (Entered: 01/05/2004)	Jan. 5, 2004	Jan. 5, 2004
	Reset Hearings: Status Conference RE-set for 1/30/2004 02:30 PM in Courtroom 7 before Judge Judge Richard J. Leon. (whb) (Entered: 01/08/2004)	Jan. 8, 2004	Jan. 8, 2004
24	ORDERED, that the taking of discovery be stayed in this case, at this time, relieving Defendant of any obligation to respond to or object to the seventeen interrogatories and fifty requests to produce . Signed by Judge Richard J. Leon on 1/7/04. (whb) (Entered: 01/09/2004)	Jan. 9, 2004	Jan. 9, 2004
	Minute Entry for proceedings held before Judge Richard J. Leon : Status Conference held on 1/30/2004. Motion Hearing set for 4/23/2004 02:00 PM in Courtroom 7 before Judge Richard J. Leon. (Court Reporter PATTY GELS.) (whb) (Entered: 01/30/2004)	Jan. 30, 2004	Jan. 30, 2004
25	SUPPLEMENTAL MEMORANDUM in Further Support of Plaintiffs' Class Action Complaint and in Support of Proceeding Immediately with Class Discovery from Plaintiffs. (Attachments: # 1 Affidavit Declaration of Carla Mathers# 2 Exhibit Exhibit A March 20, 2002 USPS Memorandum# 3 Exhibit Exhibit B USPS Affirmative Employment Plan Report)(Denig, Christopher) (Entered: 02/11/2004)	Feb. 11, 2004	Feb. 11, 2004
26	NOTICE of Appearance by Shamoil Tamim Shipchandler on behalf of BRUCE C. HUBBARD, JUDY M. SCHULD, GRACE J. SHIRK-EMMONS, LUCY I. STIEGLITZ, GEORGE R. WESTENBERGER (Shipchandler, Shamoil) (Entered: 02/11/2004)	Feb. 11, 2004	Feb. 11, 2004
27	SUPPLEMENTAL MEMORANDUM IN SUPPORT OF MOTION TO STRIKE OR DISMISS CLASS ACTION ALLEGATIONS OF THE COMPLAINT from John E. Potter. (McDaniel, Oliver) (Entered: 02/11/2004)	Feb. 11, 2004	Feb. 11, 2004
28	ORDER granting 5 MOTION for Extension of Time to File Motion for Class Certification and Memorandum in Support Thereof by BRUCE C. HUBBARD, JUDY M. SCHULD, GRACE J. SHIRK-EMMONS, LUCY I. STIEGLITZ, GEORGE R. WESTENBERGER . Plaintiff's shall file their motion for class certification pursuant to Local Rule 23.1(b) at a time deemed appropriate by the Court. Signed by Judge Richard J. Leon on 3/10/04. (whb) (Entered: 03/11/2004)	March 11, 2004	March 11, 2004
	Minute Entry for proceedings held before Judge Richard J. Leon : Motion Hearing held on 4/23/2004 re 10 MOTION to Dismiss, MOTION to Strike 1 Complaint (Class Allegations) ﬁled by JOHN E. POTTER-TAKEN UNDER ADVISEMENT. (Court Reporter Patty Gels.) (whb) (Entered: 04/23/2004)	April 23, 2004	April 23, 2004
29	MEMORANDUM OPINION AND ORDER: DENYING: re 20 MOTION for Protective Order filed by JOHN E. POTTER, GRANTING IN PART: 18 First MOTION to Compel Defendant to Respond to Plaintiffs' First Set of Interrogatories and Plaintiffs' First Request for Production of Documents filed by BRUCE C. HUBBARD, JUDY M. SCHULD, GRACE J. SHIRK-EMMONS, LUCY I. STIEGLITZ, GEORGE R. WESTENBERGER, GRANTING WITHOUT PREJUDICE: 10 MOTION to Dismiss MOTION to Strike 1 Complaint (Class Allegations) filed by JOHN E. POTTER. Signed by Judge Richard J. Leon on 5/26/04. (whb) (Entered: 05/26/2004)	May 26, 2004	May 26, 2004 Clearinghouse
30	Second MOTION for Extension of Time to Complete Discovery and Memorandum in Support Thereof by JOHN E. POTTER. (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 06/18/2004)	June 18, 2004	June 18, 2004
	MINUTE ORDER granting 30 Second MOTION for Extension of Time to Complete Discovery and Memorandum in Support Thereof by JOHN E. POTTER until July 15, 2004. Signed by Judge Richard J. Leon on 7/12/2004. (lcrjl2, ) (Entered: 07/12/2004)	July 12, 2004	July 12, 2004
31	MOTION for Extension of Time to Complete Discovery (For One Day) by JOHN E. POTTER. (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 07/16/2004)	July 16, 2004	July 16, 2004
32	NOTICE OF TRANSCRIPT FILED for Motion hearing held on dates April 23, 2004; Court Reporter: Patty A. Gels. (jf, ) (Entered: 07/23/2004)	July 20, 2004	July 20, 2004

Case: Hubbard v. Potter

1:03-cv-01062 | U.S. District Court for the District of District of Columbia

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