Case: Hubbard v. Potter

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

Filed Date: May 14, 2003

Closed Date: 2013

Clearinghouse coding complete

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 …

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 counsel and the Washington Lawyer's Committee for Civil Rights and Urban Affairs, sought declaratory judgment, injunctive relief, and attorneys fees.

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.

Summary Authors

Brian Kempfer (11/30/2013)

Chelsea Rinnig (3/23/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4499050/parties/hubbard-v-potter/


Judge(s)

Facciola, John M. (District of Columbia)

Leon, Richard J. (District of Columbia)

Attorneys(s) for Plaintiff

Coffin, Shannen W. (District of Columbia)

Denig, Christopher Michael (District of Columbia)

Duraiswamy, Shankar (District of Columbia)

Flesch, Kevin C. (Colorado)

Gardner, Elizabeth [Elaine] Elaine (District of Columbia)

Handley, Matthew K. (District of Columbia)

Huhta, Susan E. (District of Columbia)

Jones, Phyllis A. (District of Columbia)

Judge(s)

Facciola, John M. (District of Columbia)

Leon, Richard J. (District of Columbia)

Attorneys(s) for Plaintiff

Coffin, Shannen W. (District of Columbia)

Denig, Christopher Michael (District of Columbia)

Duraiswamy, Shankar (District of Columbia)

Flesch, Kevin C. (Colorado)

Gardner, Elizabeth [Elaine] Elaine (District of Columbia)

Handley, Matthew K. (District of Columbia)

Huhta, Susan E. (District of Columbia)

Jones, Phyllis A. (District of Columbia)

Lang, Lindsey Bishop (District of Columbia)

Mathers, Carla M. (Maryland)

McCollum, James E. Jr. (Maryland)

Palmer, Shaun M. (District of Columbia)

Shihata, Nadia Ibrahim (District of Columbia)

Shipchandler, Shamoil Tamim (District of Columbia)

Williamson, Thomas S. Jr. (District of Columbia)

Attorneys(s) for Defendant

Contreras, Rudolph (District of Columbia)

Ellis, David B. (District of Columbia)

Fry, Elisabeth Boyan (District of Columbia)

Good, Kathryn A. (District of Columbia)

Lo, Michelle (District of Columbia)

Machen, Ronald C (District of Columbia)

McDaniel, Oliver W. (District of Columbia)

Russell, Beverly M (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

Sept. 8, 2016 Docket
1

Class Action Complaint

May 14, 2003 Complaint
29

Memorandum Opinion and Order

May 26, 2004 Order/Opinion
108

Memorandum Opinion

2007 WL 604949

Feb. 22, 2007 Order/Opinion
122

Memorandum Opinion

247 F.R.D. 27, 2008 WL 43867

Jan. 3, 2008 Order/Opinion
149

Third Amended Class Action Complaint

Oct. 21, 2011 Complaint
138-2

Global Settlement Agreement

Oct. 21, 2011 Settlement Agreement
168

Order [Final Judgment]

July 31, 2013 Order/Opinion
167

Memorandum Opinion

2013 WL 3943495

July 31, 2013 Order/Opinion

Resources

Title Description External URL

Hubbard Class Action Settlement Website

This is the website for the Global Settlement Agreement in the Hubbard v. Potter class action case prepared by the plaintiffs' attorneys. Sept. 9, 2013 http://www.hubbardsettlement.com/

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4499050/hubbard-v-potter/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
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 PACER
2

ATTORNEY APPEARANCE. (McDaniel, Oliver) (Entered: 05/30/2003)

May 30, 2003 PACER
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 PACER
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 PACER
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 PACER
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 PACER
7

ANSWER to Complaint by JOHN E. POTTER.(McDaniel, Oliver) (Entered: 08/22/2003)

Aug. 22, 2003 PACER
8

NOTICE of Appearance by Elizabeth Elaine Gardner on behalf of all plaintiffs (Gardner, Elizabeth) (Entered: 10/27/2003)

Oct. 27, 2003 PACER
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 PACER
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 PACER
11

MEET AND CONFER STATEMENT. (Denig, Christopher) (Entered: 11/14/2003)

Nov. 14, 2003 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
33

ORDER granting 31 MOTION for Extension of Time to Complete Discovery (For One Day) by JOHN E. POTTER. Defendant shall have up to an including 7/16/04, to respond to Plaintiff's discovery request. Signed by Judge Richard J. Leon on 7/24/04. (whb) (Entered: 07/27/2004)

July 27, 2004 PACER
34

MOTION for Judgment on the Pleadings by JOHN E. POTTER. (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 02/08/2005)

Feb. 8, 2005 PACER
35

NOTICE of Filing Corrected Certificate of Service by JOHN E. POTTER re 34 MOTION for Judgment on the Pleadings (Attachments: # 1 Corrected Certificate of Service)(McDaniel, Oliver) (Entered: 02/08/2005)

Feb. 8, 2005 PACER
36

NOTICE of Filing Stipulated Privacy Protection Order by GEORGE R. WESTENBERGER, JOHN E. POTTER, BRUCE C. HUBBARD, JUDY M. SCHULD, GRACE J. SHIRK-EMMONS, LUCY I. STIEGLITZ (Attachments: # 1 Stipulated Privacy Protection Order)(McDaniel, Oliver) (Entered: 02/11/2005)

Feb. 11, 2005 PACER
37

Memorandum in opposition to motion re 34 filed by GEORGE R. WESTENBERGER, BRUCE C. HUBBARD, JUDY M. SCHULD, GRACE J. SHIRK-EMMONS, LUCY I. STIEGLITZ. (Attachments: # 1 Exhibit Exhibits 1-7)(Denig, Christopher) (Entered: 02/22/2005)

Feb. 22, 2005 PACER
38

MOTION to Compel by GEORGE R. WESTENBERGER, BRUCE C. HUBBARD, JUDY M. SCHULD, GRACE J. SHIRK-EMMONS, LUCY I. STIEGLITZ. (Attachments: # 1 Exhibit Exhibits 1-13)(Denig, Christopher) (Entered: 02/22/2005)

Feb. 22, 2005 PACER
39

STIPULATED PRIVACY PROTECTION ORDER . Signed by Judge Richard J. Leon on 2/22/05. (whb) (Entered: 02/23/2005)

Feb. 23, 2005 PACER
40

MOTION for Extension of Time to File Response/Reply as to 37 Memorandum in Opposition, 38 MOTION to Compel by JOHN E. POTTER. (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 03/03/2005)

March 3, 2005 PACER
41

Second MOTION for Extension of Time to File Response/Reply as to 37 Memorandum in Opposition, 38 MOTION to Compel by JOHN E. POTTER. (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 03/23/2005)

March 23, 2005 PACER
42

REPLY to opposition to motion re 34 filed by JOHN E. POTTER. (McDaniel, Oliver) (Entered: 03/28/2005)

March 28, 2005 PACER
43

Second MOTION for Protective Order by JOHN E. POTTER. (Attachments: # 1 Text of Proposed Order # 2 Memorandum of Points and Authorities)(McDaniel, Oliver) (Entered: 03/28/2005)

March 28, 2005 PACER
44

Memorandum in opposition to motion re 38 filed by JOHN E. POTTER. (Attachments: # 1 Exh. A (Supp. Doc. Prod. 2/11/05)# 2 Exh. B (Sample Survey Form)# 3 Exh. C (Survey Results))(McDaniel, Oliver) (Entered: 03/28/2005)

March 28, 2005 PACER
45

NOTICE of Filing Exhibit by JOHN E. POTTER re 43 Second MOTION for Protective Order, 44 Memorandum in Opposition (Attachments: # 1 Exhibit D (USPS Self-Identification of Handicap Form))(McDaniel, Oliver) (Entered: 03/29/2005)

March 29, 2005 PACER
46

REPLY to opposition to motion re 43 filed by GEORGE R. WESTENBERGER, BRUCE C. HUBBARD, JUDY M. SCHULD, GRACE J. SHIRK-EMMONS, LUCY I. STIEGLITZ. (Denig, Christopher) (Entered: 04/07/2005)

April 7, 2005 PACER
47

MOTION to Stay Discovery by JOHN E. POTTER. (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 04/08/2005)

April 8, 2005 PACER
48

Memorandum in opposition to motion re 47 filed by GEORGE R. WESTENBERGER, BRUCE C. HUBBARD, JUDY M. SCHULD, GRACE J. SHIRK-EMMONS, LUCY I. STIEGLITZ. (Denig, Christopher) (Entered: 04/12/2005)

April 12, 2005 PACER
49

MOTION for Leave to File An Amended Class Action Complaint by GEORGE R. WESTENBERGER, BRUCE C. HUBBARD, JUDY M. SCHULD, GRACE J. SHIRK-EMMONS, LUCY I. STIEGLITZ. (Attachments: # 1 Exhibit)(Denig, Christopher) (Entered: 07/12/2005)

July 12, 2005 PACER
50

MEMORANDUM re 49 MOTION for Leave to File An Amended Class Action Complaint filed by BRUCE C. HUBBARD,, JUDY M. SCHULD,, GRACE J. SHIRK-EMMONS,, LUCY I. STIEGLITZ,, GEORGE R. WESTENBERGER, by GEORGE R. WESTENBERGER, BRUCE C. HUBBARD, JUDY M. SCHULD, GRACE J. SHIRK-EMMONS, LUCY I. STIEGLITZ. (Denig, Christopher) (Entered: 07/12/2005)

July 12, 2005 PACER
51

MOTION for Extension of Time to File Response/Reply as to 50 Memorandum,, 49 MOTION for Leave to File An Amended Class Action Complaint by JOHN E. POTTER. (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 07/25/2005)

July 25, 2005 PACER
52

NOTICE of Plaintiff's Consent by JOHN E. POTTER re 51 MOTION for Extension of Time to File Response/Reply as to 50 Memorandum,, 49 MOTION for Leave to File An Amended Class Action Complaint (McDaniel, Oliver) (Entered: 07/26/2005)

July 26, 2005 PACER
53

Second MOTION for Extension of Time to File Response/Reply as to 50 Memorandum,, 49 MOTION for Leave to File An Amended Class Action Complaint by JOHN E. POTTER. (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 08/09/2005)

Aug. 9, 2005 PACER
54

Memorandum in opposition to motion re 49 filed by JOHN E. POTTER. (McDaniel, Oliver) (Entered: 08/16/2005)

Aug. 16, 2005 PACER
55

ORDER denying 34 Motion for Judgment, denying without prejudice 38 Motion to Compel, denying without prejudice 43 Motion for Protective Order, granting 49 Motion for Leave to File, granting nunc pro tunc 51 Motion for Extension of Time to File Response/Reply, granting nunc pro tunc 53 Motion for Extension of Time to File Response/Reply; it is further ORDERED that the discovery period is re-stated. Signed by Judge Richard J. Leon on 08/22/05. (tb) (Entered: 08/22/2005)

Aug. 22, 2005 PACER
58

FIRST AMENDED COMPLAINT against JOHN E. POTTERfiled by GEORGE R. WESTENBERGER, BRUCE C. HUBBARD, JUDY M. SCHULD, GRACE J. SHIRK-EMMONS, LUCY I. STIEGLITZ.(nmw, ) (Entered: 09/29/2005)

Aug. 22, 2005 PACER
56

MOTION for Extension of Time to File Answer to Amended Complaint by JOHN E. POTTER. (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 09/08/2005)

Sept. 8, 2005 PACER
57

ANSWER to Complaint (First Amended) by JOHN E. POTTER.(McDaniel, Oliver) (Entered: 09/22/2005)

Sept. 22, 2005 PACER
59

MOTION for Extension of Time to Respond to Plaintiffs' Second Request for Production of Documents by JOHN E. POTTER. (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 10/13/2005)

Oct. 13, 2005 PACER
60

MOTION for Hearing (Scheduling Conference) by JOHN E. POTTER. (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 10/13/2005)

Oct. 13, 2005 PACER
61

Memorandum in opposition to motion re 59 Defendant's Motion for An Extention of Time to Respond to Plaintiffs' Second Request for Production of Documents filed by GEORGE R. WESTENBERGER, BRUCE C. HUBBARD, JUDY M. SCHULD, GRACE J. SHIRK-EMMONS, LUCY I. STIEGLITZ. (Attachments: # 1 Exhibit Exhibit A# 2 Text of Proposed Order)(Denig, Christopher) (Entered: 10/14/2005)

Oct. 14, 2005 PACER
62

Joint MOTION to Continue the Status Conference by GEORGE R. WESTENBERGER, JOHN E. POTTER, BRUCE C. HUBBARD, JUDY M. SCHULD, GRACE J. SHIRK-EMMONS, LUCY I. STIEGLITZ. (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 12/01/2005)

Dec. 1, 2005 PACER
63

MEET AND CONFER STATEMENT. (Attachments: # 1 Exhibit A)(Denig, Christopher) (Entered: 12/04/2005)

Dec. 4, 2005 PACER
64

NOTICE Regarding Local Civil Rule 23.1 by GEORGE R. WESTENBERGER, BRUCE C. HUBBARD, JUDY M. SCHULD, GRACE J. SHIRK-EMMONS, LUCY I. STIEGLITZ (Denig, Christopher) (Entered: 12/15/2005)

Dec. 15, 2005 PACER
65

NOTICE of Filing Scheduling Order by JOHN E. POTTER (Attachments: # 1 Scheduling Order)(McDaniel, Oliver) (Entered: 12/19/2005)

Dec. 19, 2005 PACER
66

SCHEDULING ORDER: Motions for class certification due by 5/30/2006. Opposition due 6/30/06 Replies due by 7/17/2006. Signed by Judge Richard J. Leon on 12/21/05. (whb) (Entered: 12/22/2005)

Dec. 22, 2005 PACER
67

TRANSCRIPT of Status Conference held on December 05, 2005 before Judge Richard J. Leon. Court Reporter: Rebecca King. The public may view the document in the Clerk's Office between the hours of 9:00 a.m. and 4:00 p.m, Monday through Friday. (jf, ) (Entered: 01/30/2006)

Jan. 27, 2006 PACER
68

MOTION for Protective Order As to the Noticed Deposition of Patrick R. Donahoe, Deputy Postmaster General and Chief Operating Officer, and Certification of Conference, and Memorandum of Points and Authorities by JOHN E. POTTER. (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 04/25/2006)

April 25, 2006 PACER
69

NOTICE of Filing Attachments by JOHN E. POTTER re 68 MOTION for Protective Order As to the Noticed Deposition of Patrick R. Donahoe, Deputy Postmaster General and Chief Operating Officer, and Certification of Conference, and Memorandum of Points and Authorities (Attachments: # 1 Exh. 1 (Notice of Deposition of Patrick R. Donahoe)# 2 Exh. 2 (March 20, 2002 Memorandum)# 3 Exh. 3 (Plaintiffs' March 14, 2006 Rule 30(b)(6) Notice)# 4 Exh. 4 (Defendant's Responses and Objections to Plaintiffs' "First" Set of Class-Related Interrogatories and Requests for Production of Documents)# 5 Declaration of Patrick R. Donahoe)(McDaniel, Oliver) (Entered: 04/26/2006)

April 26, 2006 PACER
70

Joint MOTION for Extension of Time to Complete Discovery (Limited Extension to Complete Outstanding Discovery) by GEORGE R. WESTENBERGER, JOHN E. POTTER, BRUCE C. HUBBARD, JUDY M. SCHULD, GRACE J. SHIRK-EMMONS, LUCY I. STIEGLITZ. (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 05/01/2006)

May 1, 2006 PACER
71

NOTICE of Appearance by Nadia Ibrahim Shihata on behalf of GEORGE R. WESTENBERGER, BRUCE C. HUBBARD, JUDY M. SCHULD, GRACE J. SHIRK-EMMONS, LUCY I. STIEGLITZ (Shihata, Nadia) (Entered: 05/01/2006)

May 1, 2006 PACER
72

MOTION for Protective Order Regarding Certain Topics Enumerated in Plaintiffs' Amended 30(b)(6) Deposition Notice by JOHN E. POTTER. (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 05/01/2006)

May 1, 2006 PACER
73

MOTION to Compel CERTAIN TESTIMONY, DOCUMENTS, AND INTERROGATORY ANSWERS FROM DEFENDANT AND CROSS-MOTION TO COMPEL TESTIMONY FROM PATRICK R. DONAHOE by GEORGE R. WESTENBERGER, BRUCE C. HUBBARD, JUDY M. SCHULD, GRACE J. SHIRK-EMMONS, LUCY I. STIEGLITZ. (Attachments: # 1 Affidavit of Thomas Williamson, Esq.# 2 Exhibit 1-24# 3 Text of Proposed Order)(Shihata, Nadia) (Entered: 05/01/2006)

May 1, 2006 PACER
74

MOTION to Compel Initial Disclosures, Response to Interrogatory, and Production of Documents by JOHN E. POTTER. (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 05/02/2006)

May 2, 2006 PACER
75

NOTICE of Filing Exhibits in Support of Motion to Compel by JOHN E. POTTER re 74 MOTION to Compel Initial Disclosures, Response to Interrogatory, and Production of Documents (Attachments: # 1 Exhibit 1 (Plaintiff's Objections & Responses to Defendant's First Set of Interrogatories to the Proposed Class)# 2 Exhibit 2 (Plaintiff's Objections & Responses to Defendants First Set of Document Requests to the Proposed Class)# 3 Exhibit 3 (March 7, 2006 Letter from Defendant to Plaintiffs)# 4 Exhibit 4 (April 11, 2006 Letter from Defendant to Plaintiffs)# 5 Exhibit 5 (April 26, 2006 Letter from Defendant to Plaintiffs)# 6 Exhibit 6 (Agency's First Set of Discovery Requests to the Individually Named Plaintiffs))(McDaniel, Oliver) (Entered: 05/06/2006)

May 6, 2006 PACER
76

NOTICE of Appearance by Beverly Maria Russell on behalf of JOHN E. POTTER (Russell, Beverly) (Entered: 05/12/2006)

May 12, 2006 PACER
77

Unopposed MOTION for Extension of Time to Respond to Plaintiffs' Motion to Compel and Memorandum in Support Thereof by JOHN E. POTTER. (Attachments: # 1 Text of Proposed Order)(Russell, Beverly) (Entered: 05/12/2006)

May 12, 2006 PACER
79

MOTION to Seal Plaintiffs' Memorandum in Opposition to Defendant's Motion for a Protective Order Regarding Certain Topics Enumerated In Plaintiffs' Amended Notice of Deposition Pursuant to Fed. R. Civ. P. 30(b)(6) by GEORGE R. WESTENBERGER, BRUCE C. HUBBARD, JUDY M. SCHULD, GRACE J. SHIRK-EMMONS, LUCY I. STIEGLITZ. (Shihata, Nadia) (Entered: 05/16/2006)

May 16, 2006 PACER
80

NOTICE of Filing Redacted "Version One" of Plaintiffs' Memorandum in Opposition to Defendant's Motion for a Protective Order Regarding Certain Topics Enumerated In Plaintiffs' Amended Notice of Deposition Pursuant to Fed. R. Civ. P. 30(b)(6) by GEORGE R. WESTENBERGER, BRUCE C. HUBBARD, JUDY M. SCHULD, GRACE J. SHIRK-EMMONS, LUCY I. STIEGLITZ re 72 MOTION for Protective Order Regarding Certain Topics Enumerated in Plaintiffs' Amended 30(b)(6) Deposition Notice (Attachments: # 1 # 2)(Shihata, Nadia) (Entered: 05/16/2006)

May 16, 2006 PACER
81

Memorandum in opposition to re 74 MOTION to Compel Initial Disclosures, Response to Interrogatory, and Production of Documents filed by GEORGE R. WESTENBERGER, BRUCE C. HUBBARD, JUDY M. SCHULD, GRACE J. SHIRK-EMMONS, LUCY I. STIEGLITZ. (Attachments: # 1 Exhibit A-E# 2 Text of Proposed Order)(Shihata, Nadia) (Entered: 05/16/2006)

May 16, 2006 PACER
82

ORDER re referral to Judge Facciola for non-dispositive motions. Signed by Magistrate Judge John M. Facciola on 5/17/06. (SP, ) (Entered: 05/17/2006)

May 17, 2006 PACER
83

MOTION for Extension of Time to Respond to Plaintiffs' Motion to Compel and Memorandum in Support Thereof by JOHN E. POTTER. (Attachments: # 1 Text of Proposed Order)(Russell, Beverly) (Entered: 05/17/2006)

May 17, 2006 PACER
84

Memorandum in opposition to re 73 MOTION to Compel CERTAIN TESTIMONY, DOCUMENTS, AND INTERROGATORY ANSWERS FROM DEFENDANT AND CROSS-MOTION TO COMPEL TESTIMONY FROM PATRICK R. DONAHOE filed by JOHN E. POTTER. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 6# 6 Exhibit 9# 7 Exhibit 10# 8 Exhibit 11# 9 Text of Proposed Order)(Russell, Beverly) (Entered: 05/18/2006)

May 18, 2006 PACER
85

NOTICE of Filing Exhibits Supporting Defendant's Opposition to Plaintiffs' Motion to Compel by JOHN E. POTTER (Attachments: # 1 Exhibit 5# 2 Exhibit 7# 3 Exhibit 8)(Russell, Beverly) (Entered: 05/24/2006)

May 24, 2006 PACER
86

Joint MOTION for Extension of Time to File Response/Reply by JOHN E. POTTER. (Attachments: # 1 Text of Proposed Order)(Russell, Beverly) (Entered: 05/24/2006)

May 24, 2006 PACER
87

REPLY to opposition to motion re 74 MOTION to Compel Initial Disclosures, Response to Interrogatory, and Production of Documents, 72 MOTION for Protective Order Regarding Certain Topics Enumerated in Plaintiffs' Amended 30(b)(6) Deposition Notice filed by JOHN E. POTTER. (Attachments: # 1 Exhibit 12. Cokely Report# 2 Exhibit 13. EL-312, Section 543# 3 Exhibit 14. Hubbard Transcript# 4 Exhibit 15. Various Depositions)(Russell, Beverly) (Entered: 05/31/2006)

May 31, 2006 PACER
88

REPLY to opposition to motion re 73 MOTION to Compel CERTAIN TESTIMONY, DOCUMENTS, AND INTERROGATORY ANSWERS FROM DEFENDANT AND CROSS-MOTION TO COMPEL TESTIMONY FROM PATRICK R. DONAHOE filed by GEORGE R. WESTENBERGER, BRUCE C. HUBBARD, JUDY M. SCHULD, GRACE J. SHIRK-EMMONS, LUCY I. STIEGLITZ. (Attachments: # 1 Exhibit Exhibits 1-8)(Shihata, Nadia) (Entered: 06/02/2006)

June 2, 2006 PACER
89

Consent MOTION to Amend/Correct First Amended Class Action Complaint (Consent Motion to File Second Amended Class Action Complaint) by GEORGE R. WESTENBERGER, BRUCE C. HUBBARD, JUDY M. SCHULD, GRACE J. SHIRK-EMMONS, LUCY I. STIEGLITZ. (Attachments: # 1 Exhibit 1# 2 Text of Proposed Order)(Shihata, Nadia) (Entered: 07/03/2006)

July 3, 2006 PACER
90

FIRST AMENDED COMPLAINT against JOHN E. POTTER filed by GEORGE R. WESTENBERGER, BRUCE C. HUBBARD, JUDY M. SCHULD, GRACE J. SHIRK-EMMONS, LUCY I. STIEGLITZ.(jf, ) (Entered: 07/12/2006)

July 10, 2006 PACER
91

ANSWER to Amended Complaint (Second Amended Complaint) by JOHN E. POTTER. Related document: 90 Amended Complaint filed by BRUCE C. HUBBARD,, JUDY M. SCHULD,, GRACE J. SHIRK-EMMONS,, LUCY I. STIEGLITZ,, GEORGE R. WESTENBERGER,.(McDaniel, Oliver) (Entered: 07/27/2006)

July 27, 2006 PACER
92

NOTICE of Pendency of EEOC Matter by JOHN E. POTTER (McDaniel, Oliver) (Entered: 10/05/2006)

Oct. 5, 2006 PACER
93

NOTICE of Unavailability for Hearing by JOHN E. POTTER re Set/Reset Hearings (McDaniel, Oliver) (Entered: 10/05/2006)

Oct. 5, 2006 PACER
94

Consent MOTION to Continue Motion's Hearing by JOHN E. POTTER. (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 10/10/2006)

Oct. 10, 2006 PACER
95

MOTION to Strike, Limit or Exclude Plaintiffs' Expert Report by JOHN E. POTTER. (Attachments: # 1 Text of Proposed Order # 2 Exh. 1 (Cokely's First Report)# 3 Exh. 2 (Cokely Deposition Pages)# 4 Exh. 3 (Cokely Second Report))(McDaniel, Oliver) (Entered: 11/20/2006)

Nov. 20, 2006 PACER
96

NOTICE of Appearance by Elisabeth E. Boyan on behalf of JOHN E. POTTER (Boyan, Elisabeth) (Entered: 11/21/2006)

Nov. 21, 2006 PACER
97

Memorandum in opposition to re 95 MOTION to Strike, Limit or Exclude Plaintiffs' Expert Report filed by GEORGE R. WESTENBERGER, BRUCE C. HUBBARD, JUDY M. SCHULD, GRACE J. SHIRK-EMMONS, LUCY I. STIEGLITZ. (Attachments: # 1 Declaration of Thomas S. Williamson, Jr.# 2 Exhibit Exhibits A-D# 3 Text of Proposed Order Proposed Order)(Shihata, Nadia) (Entered: 11/27/2006)

Nov. 27, 2006 PACER
98

MOTION for Extension of Time to File Response/Reply as to 95 MOTION to Strike, Limit or Exclude Plaintiffs' Expert Report (One-Day Extension) by JOHN E. POTTER. (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 12/07/2006)

Dec. 7, 2006 PACER
99

REPLY to opposition to motion re 95 MOTION to Strike, Limit or Exclude Plaintiffs' Expert Report filed by JOHN E. POTTER. (McDaniel, Oliver) (Entered: 12/08/2006)

Dec. 8, 2006 PACER
100

NOTICE OF WITHDRAWAL OF APPEARANCE as to GEORGE R. WESTENBERGER, BRUCE C. HUBBARD, JUDY M. SCHULD, GRACE J. SHIRK-EMMONS, LUCY I. STIEGLITZ. Attorney Nadia Ibrahim Shihata terminated. (Shihata, Nadia) (Entered: 12/08/2006)

Dec. 8, 2006 PACER
101

MEMORANDUM by GEORGE R. WESTENBERGER, BRUCE C. HUBBARD, JUDY M. SCHULD, GRACE J. SHIRK-EMMONS, LUCY I. STIEGLITZ. (Attachments: # 1 Decaration of Thomas S. Williamson, Jr.# 2 Exhibits 1-4)(Denig, Christopher) (Entered: 12/14/2006)

Dec. 14, 2006 PACER

State / Territory: District of Columbia

Case Type(s):

Equal Employment

Key Dates

Filing Date: May 14, 2003

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Current and former deaf and hard of hearing employees of the United States Postal Service

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Washington Lawyers' Committee

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

United States Postal Service, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $4.33 million

Order Duration: 2013 - 2016

Content of Injunction:

Neutral/Positive Reference

Reasonable Accommodation

Develop anti-discrimination policy

Other requirements regarding hiring, promotion, retention

Implement complaint/dispute resolution process

Monitor/Master

Monitoring

Issues

General:

Barrier Removal

Communication skills

Disparate Treatment

Government Services

Individualized planning

Language access/needs

Pattern or Practice

Reasonable Accommodations

Reasonable Modifications

Staff (number, training, qualifications, wages)

TTY/Close Captioning/Videophone/etc.

Discrimination-area:

Accommodation / Leave

Harassment / Hostile Work Environment

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

Promotion

Discrimination-basis:

Disability (inc. reasonable accommodations)

Language discrimination

Disability:

Hearing impairment

Integrated setting

Language:

Other

Type of Facility:

Government-run