Case: EEOC v. United Airlines

1:10-cv-01699 | U.S. District Court for the Northern District of Illinois

Filed Date: March 16, 2010

Clearinghouse coding complete

Case Summary

On June 3, 2009, the Equal Employment Opportunity Commission filed a lawsuit in the U.S. District Court for the Northern District of California on behalf of disabled employees of United Airlines against United Airlines, under Title I of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12112(a) and (b)(5)(A). The plaintiff asked the court for injunctive relief, compensatory and punitive damages, and its costs in bringing the case. Specifically the plaintiff claimed that the defendant unl…

On June 3, 2009, the Equal Employment Opportunity Commission filed a lawsuit in the U.S. District Court for the Northern District of California on behalf of disabled employees of United Airlines against United Airlines, under Title I of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12112(a) and (b)(5)(A). The plaintiff asked the court for injunctive relief, compensatory and punitive damages, and its costs in bringing the case. Specifically the plaintiff claimed that the defendant unlawfully discriminated against its employees with disabilities by requiring those seeking to transfer to compete for vacant positions that they where qualified for and needed to transfer into to accommodate their respective disabilities. The result was that employees with disabilities were denied equal employment opportunities in a way that the plaintiff claimed was willful or reckless.

On December 3, 2009 the District Court for the Northern District of California (Judge Phyllis J. Hamilton) granted a defendant's motion to transfer the case to the U.S. District Court for the Northern District of Illinois. Judge Hamilton decided that the Northern District of Illinois was a superior venue as it was the location of defendant's headquarters and thus where most of the relevant evidence and witnesses where to be found thereby reducing the defendant's expenses during the trial.

On March 10, 2010, the United States Court of Appeals for the Ninth Circuit rejected plaintiff's appeal for a writ of mandamus to stop Judge Hamilton from transferring the case.

On October 26, 2010, the plaintiff filed a second amended complaint which reflected the change of venue to the U.S. District Court for the Northern District of Illinois and provided slightly more detail about defendant's allegedly discriminatory policy.

On February 3, 2011, the District Court for the Northern District of Illinois (Judge Harry D. Leinenweber) granted defendant's motion to dismiss. In proceedings that day (but with no written opinion) Judge Leinenweber explained that he was dismissing the case to follow the control Seventh Circuit precedent of EEOC v. Humiston-Keeling, Inc., (2000) 227 F.3d 1024, EE-IL-0113 . The plaintiff appealed the judgment.

On March 7, 2012, the U.S. Court of Appeals for the Seventh Circuit affirmed the trial court's ruling finding that it was bound by Seventh Circuit precedent to dismiss the case under Humiston-Keeling, Inc.. However, the court noted the possibility of review by the entire Seventh Circuit to consider reversing Humiston-Keeling. EEOC v. United Airlines 673 F.3d 543 (7th Cir., 2011).

On September 7, 2012, the U.S. Court of Appeals for the Seventh Circuit, in a panel decision (a procedure where a new written opinion is circulated among all the judges of the Seventh Circuit and they vote on the opinion without rehearing it en banc), overruled its previous Humiston-Keeling decision due to the United States Supreme Court's decision in United States v. Barnett, 535 U.S. 391 (2002). The Court of Appeals remanded the case to the District Court ordering that the court determine (1) if mandatory reassignment is a reasonable accommodation under the ADA and (2) if mandatory is a reasonable accommodation generally then the Court must determine if mandatory reassignment is reasonable in this case. EEOC v. United Airlines 693 F.3d 760 (7th Cir. 2012).

On May 30, 2013, the United States Supreme Court denied defendant's petition for review. The Seventh Circuit's decision was thus left intact and the case was remanded to the District Court for proceedings consistent with the decision.

After several status hearings, Judge Harry D. Leinenweber signed a consent decree on June 8, 2015. The consent decree enjoined United Airlines from unlawfully failing to provide reasonable accommodation to a qualified individual with a disability or retaliating against any person because he or she made a request for a reasonable accommodation, opposed discriminatory practices made unlawful by the ADA, files or filed a charge of discrimination or assists, assisted, participates, or participated in the filing of a charge of discrimination, or assists, assisted, participates, or participated in an investigation or proceeding brought under federal laws prohibiting discrimination or retaliation. United agreed to revise its policies with regard to reassignment as a reasonable accommodation for disabled employees and to train all human resources employees with reasonable accommodation responsibilities about reassignment as a reasonable accommodation within 120 days of the entry of the Consent Decree.

The court was to retain jurisdiction to enforce the consent decree and stipulated that the case would be dismissed with prejudice one year after the approval of the consent decree. The consent decree lasted for thirty months from the date of entry, expiring on December 8, 2017. As of March 2019, no further docket activity occurred and so this case is presumably closed.

Summary Authors

Brian Kempfer (4/20/2014)

Erica Becker (3/20/2019)

Related Cases

EEOC v. HUMISTON-KEELING, INC., Northern District of Illinois (1997)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5496142/parties/equal-employment-opportunity-commission-v-united-air-lines-inc/


Judge(s)

Cudahy, Richard Dickson (Illinois)

Hamilton, Phyllis Jean (California)

Leavy, Edward (Oregon)

Leinenweber, Harry Daniel (Illinois)

Pregerson, Harry (California)

Schroeder, Mary Murphy (Arizona)

Attorneys(s) for Plaintiff

Cohen, Ethan M.M. (Illinois)

Lee, James L. (District of Columbia)

Lopez, P. David (District of Columbia)

Ordonio-Dixon, Linda Susan (California)

Judge(s)

Cudahy, Richard Dickson (Illinois)

Hamilton, Phyllis Jean (California)

Leavy, Edward (Oregon)

Leinenweber, Harry Daniel (Illinois)

Pregerson, Harry (California)

Schroeder, Mary Murphy (Arizona)

Attorneys(s) for Plaintiff

Cohen, Ethan M.M. (Illinois)

Lee, James L. (District of Columbia)

Lopez, P. David (District of Columbia)

Ordonio-Dixon, Linda Susan (California)

Peck, Jonathan T. (California)

Reams, Gwendolyn Young (District of Columbia)

Tamayo, William Robert (California)

Attorneys(s) for Defendant

Landy, Daryl Steven (California)

Runnels, Charis A. (Illinois)

Stillman, Nina (Illinois)

Documents in the Clearinghouse

Document

Docket [PACER]

EEOC v. United Air Lines, Inc.

June 8, 2015 Docket
1-2

Complaint

EEOC v. United Airlines, Inc.

May 8, 2009 Complaint
2

Order Setting Initial Case Management Conference and ADR Deadlines

EEOC v. United Airlines, Inc.

U.S. District Court for the Northern District of California

June 4, 2009 Order/Opinion
37

Order

EEOC v. United States District Court for the Northern District of California

U. S. Court of Appeals for the Seventh Circuit

March 12, 2010 Order/Opinion
51

Second Amended Complaint

EEOC v. United Airlines, Inc.

Oct. 26, 2010 Pleading / Motion / Brief
57

Judgment in a Civil Case

EEOC v. United Airlines, Inc.

Feb. 3, 2011 Order/Opinion
58

Transcript of Proceedings

EEOC v. United Airlines, Inc.

Feb. 3, 2011 Transcript

Opinion [USCA Affirming the Judgment of the District Court]

EEOC v. United Airlines, Inc.

U. S. Court of Appeals for the Seventh Circuit

673 F.3d 543

March 7, 2012 Order/Opinion
69

Order

EEOC v. United Airlines, Inc.

U. S. Court of Appeals for the Seventh Circuit

693 F.3d 760

Sept. 7, 2012 Order/Opinion

Press Release

No Court

May 13, 2013 Press Release

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5496142/equal-employment-opportunity-commission-v-united-air-lines-inc/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against United Air Lines, Inc. Demand for Jury Trial. Filed by Equal Employment Opportunity Commission. (far, COURT STAFF) (Filed on 6/3/2009) Modified on 6/5/2009 (far, COURT STAFF). (far, COURT STAFF). (Additional attachment(s) added on 6/16/2009: # 1 Complaint) (far, COURT STAFF). [Transferred from California Northern on 3/17/2010.] (Entered: 06/05/2009)

2 Complaint

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June 3, 2009 PACER

CASE DESIGNATED for Electronic Filing. (far, COURT STAFF) (Filed on 6/3/2009) [Transferred from California Northern on 3/17/2010.]

June 3, 2009 PACER
2

ADR SCHEDULING ORDER: Case Management Statement due by 9/3/2009. Case Management Conference set for 9/10/2009 02:30 PM. (Attachments: # 1 Standing Order)(far, COURT STAFF) (Filed on 6/4/2009) [Transferred from California Northern on 3/17/2010.] (Entered: 06/05/2009)

2 Standing Order

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June 4, 2009 PACER
3

Summons Issued as to United Air Lines, Inc. (far, COURT STAFF) (Filed on 6/4/2009) [Transferred from California Northern on 3/17/2010.] (Entered: 06/05/2009)

June 4, 2009 PACER
4

*** FILED IN ERROR. PLEASE DISREGARD. *** COMPLAINT against Equal Employment Opportunity Commission (Filing fee $ 350.). Filed byEqual Employment Opportunity Commission. (Ordonio-Dixon, Linda) (Filed on 6/9/2009) Modified on 6/9/2009 (feriab, COURT STAFF). [Transferred from California Northern on 3/17/2010.] (Entered: 06/09/2009)

June 9, 2009 PACER
5

*** FILED IN ERROR. PLEASE DISREGARD. *** COMPLAINT [CORRECTION OF DOCKET # 4 . against United Air Lines, Inc. (Filing fee $ 350.). Filed byEqual Employment Opportunity Commission. (Ordonio-Dixon, Linda) (Filed on 6/9/2009) Modified on 6/9/2009 (feriab, COURT STAFF). [Transferred from California Northern on 3/17/2010.] (Entered: 06/09/2009)

June 9, 2009 PACER
6

AMENDED COMPLAINT [FIRST] against United Air Lines, Inc.. Filed byEqual Employment Opportunity Commission. (Ordonio-Dixon, Linda) (Filed on 8/7/2009) [Transferred from California Northern on 3/17/2010.] (Entered: 08/07/2009)

Aug. 7, 2009 PACER
7

STIPULATION and [Proposed] Order to Continue Case Management Conference and ADR Deadlines by United Air Lines, Inc.. (Landy, Daryl) (Filed on 8/17/2009) [Transferred from California Northern on 3/17/2010.] (Entered: 08/17/2009)

Aug. 17, 2009 PACER
8

Defendant United Air Lines, Inc.'s ANSWER to Amended Complaint (First Amended) byUnited Air Lines, Inc.. (Landy, Daryl) (Filed on 8/21/2009) [Transferred from California Northern on 3/17/2010.] (Entered: 08/21/2009)

Aug. 21, 2009 PACER
9

MOTION to Transfer Case (Notice of Motion to Transfer, Motion to Transfer and Memorandum of Points and Authorities in Support of Motion to Transfer Venue filed by United Air Lines, Inc.. Motion Hearing set for 10/21/2009 09:00 AM in Courtroom 5, 17th Floor, San Francisco. (Attachments: # 1 Exhibit A)(Landy, Daryl) (Filed on 8/21/2009) [Transferred from California Northern on 3/17/2010.] (Entered: 08/21/2009)

2 Exhibit A

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Aug. 21, 2009 PACER
10

Declaration of Diane Gist in Support of Motion to Transfer Venue filed byUnited Air Lines, Inc.. (Related document(s) 9 ) (Landy, Daryl) (Filed on 8/21/2009) [Transferred from California Northern on 3/17/2010.] (Entered: 08/21/2009)

Aug. 21, 2009 PACER
11

Declaration of Megan Detzner in Support of Motion to Transfer Venue filed byUnited Air Lines, Inc.. (Related document(s) 9 ) (Landy, Daryl) (Filed on 8/21/2009) [Transferred from California Northern on 3/17/2010.] (Entered: 08/21/2009)

Aug. 21, 2009 PACER
12

Declaration of Carlos J. Rivera in Support of Motion to Transfer Venue filed byUnited Air Lines, Inc.. (Related document(s) 9 ) (Landy, Daryl) (Filed on 8/21/2009) [Transferred from California Northern on 3/17/2010.] (Entered: 08/21/2009)

Aug. 21, 2009 PACER
13

Declaration of Danielle Hendrickson in Support of Motion to Transfer Venue filed byUnited Air Lines, Inc.. (Related document(s) 9 ) (Landy, Daryl) (Filed on 8/21/2009) [Transferred from California Northern on 3/17/2010.] (Entered: 08/21/2009)

Aug. 21, 2009 PACER
14

Proposed Order Granting Defendant United Air Lines, Inc.'s Motion to Transfer Venue by United Air Lines, Inc.. (Landy, Daryl) (Filed on 8/21/2009) [Transferred from California Northern on 3/17/2010.] (Entered: 08/21/2009)

Aug. 21, 2009 PACER
15

STIPULATION AND ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE AND ADR DEADLINES re 7 Stipulation filed by United Air Lines, Inc. Signed by Judge Phyllis J. Hamilton on 8/25/09. (nah, COURT STAFF) (Filed on 8/25/2009) [Transferred from California Northern on 3/17/2010.] (Entered: 08/25/2009)

Aug. 25, 2009 RECAP

Set Deadlines/Hearings: Joint Case Management Statement due by 12/31/2009. Case Management Conference set for 1/7/2010 02:30 PM. (nah, COURT STAFF) (Filed on 8/25/2009) [Transferred from California Northern on 3/17/2010.]

Aug. 25, 2009 PACER
16

CLERKS NOTICE Effective September 14, 2009, Judge Phyllis Hamilton's courtroom and chambers will be located in the Oakland Courthouse, Courtroom #3, 3rd floor, 1301 Clay Street, Oakland, California 94612.On or after September 14, 2009, all filings for matters pending on Judge Hamiltons docket, all court appearances, and all deliveries of chambers' copies of documents must be made at the Oakland Courthouse.The days and times for law and motion calendars and all currently scheduled proceedings remain unchanged.Please note that all of Judge Hamilton's case files will be moved to the Oakland Courthouse, therefore all cases numbers assigned to her will be changed slightly to reflect the correct venue. Previously, all case numbers started with "3:" to indicate the San Francisco office (Example: 3:09-cv-12345-PJH). As of September 14th, 2009, all of Judge Hamilton's case files will begin with "4:" to indicate the Oakland office, but everything else will stay the same (Example: 4:09-cv-12345-PJH). When e-filing, using the short case number format will always avoid problems when searching for the correct case: 09-12345 (YY-NNNNN).For information on the Oakland Courthouse's accessibility, parking, driving directions, public transit, hotels and other helpful links, please visit our website: http://www.cand.uscourts.gov, click on "Court Information" on the right hand side of our main page, then select the Oakland link under "Address and Jurisdiction". The main telephone number for the Oakland Division is 510 637-3530. (kc, COURT STAFF) (Filed on 9/4/2009) [Transferred from California Northern on 3/17/2010.] (Entered: 09/04/2009)

Sept. 4, 2009 PACER
17

NOTICE of Appearance by Linda Susan Ordonio-Dixon (Ordonio-Dixon, Linda) (Filed on 9/10/2009) [Transferred from California Northern on 3/17/2010.] (Entered: 09/10/2009)

Sept. 10, 2009 PACER
18

Memorandum in Opposition to re 9 Motion to Transfer filed byEqual Employment Opportunity Commission. (Attachments: # 1 Exhibit A-E, # 2 Affidavit of Bryne Moore, # 3 Affidavit of Linda Dixon)(Ordonio-Dixon, Linda) (Filed on 9/30/2009) Modified on 10/1/2009 (vlk, COURT STAFF). [Transferred from California Northern on 3/17/2010.] (Entered: 09/30/2009)

2 Exhibit A-E

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3 Affidavit of Bryne Moore

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4 Affidavit of Linda Dixon

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Sept. 30, 2009 PACER
19

Reply in Support of re 9 Motion to Transfer Venue filed byUnited Air Lines, Inc.. (Landy, Daryl) (Filed on 10/7/2009) Modified on 10/8/2009 (vlk, COURT STAFF). [Transferred from California Northern on 3/17/2010.] (Entered: 10/07/2009)

Oct. 7, 2009 PACER
20

Notice and ORDER Continuing Hearing on re 9 Motion to Transfer. Signed by Judge Hamilton on 10/16/2009. (pjhlc1, COURT STAFF) (Filed on 10/16/2009) Modified on 10/19/2009 (vlk, COURT STAFF). [Transferred from California Northern on 3/17/2010.] (Entered: 10/16/2009)

Oct. 16, 2009 RECAP
21

STIPULATION to Continue Hearing Date to December 2, 2009; [Proposed] Order by Equal Employment Opportunity Commission. (Ordonio-Dixon, Linda) (Filed on 10/19/2009) [Transferred from California Northern on 3/17/2010.] (Entered: 10/19/2009)

Oct. 19, 2009 PACER
22

STIPULATION AND ORDER TO CONTINUE HEARING DATE ON DEFENDANT'S MOTION TO TRANSFER TO DECEMBER 2, 2009 re 21 Stipulation filed by Equal Employment Opportunity Commission. Signed by Judge Phyllis J. Hamilton on 10/23/09. (nah, COURT STAFF) (Filed on 10/23/2009) [Transferred from California Northern on 3/17/2010.] (Entered: 10/23/2009)

Oct. 23, 2009 RECAP

Set/Reset Deadlines as to Defendant's Motion to Transfer. Motion Hearing set for 12/2/2009 09:00 AM in Courtroom 3, 3rd Floor, Oakland. (nah, COURT STAFF) (Filed on 10/23/2009) [Transferred from California Northern on 3/17/2010.]

Oct. 23, 2009 PACER
23

MOTION of Nina G. Stillman for leave to appear in Pro Hac Vice ( Filing fee $ 210, receipt number 44611004363.) filed by United Air Lines, Inc.. (vlk, COURT STAFF) (Filed on 11/2/2009) [Transferred from California Northern on 3/17/2010.] (Entered: 11/03/2009)

Nov. 2, 2009 PACER
24

Proposed Order re 23 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 210, receipt number 44611004363.) by United Air Lines, Inc.. (vlk, COURT STAFF) (Filed on 11/2/2009) [Transferred from California Northern on 3/17/2010.] (Entered: 11/03/2009)

Nov. 2, 2009 PACER
25

ORDER by Judge Phyllis J. Hamilton granting 23 Motion for Pro Hac Vice for Nina G. Stillman. (nah, COURT STAFF) (Filed on 11/9/2009) [Transferred from California Northern on 3/17/2010.] (Entered: 11/09/2009)

Nov. 9, 2009 PACER
26

Minute Entry: Motion Hearing held on 12/2/2009 before Phyllis J. Hamilton (Date Filed: 12/2/2009). (Court Reporter Raynee Mercado.) (nah, COURT STAFF) (Date Filed: 12/2/2009) [Transferred from California Northern on 3/17/2010.] (Entered: 12/02/2009)

Dec. 2, 2009 PACER
27

ORDER by Judge Phyllis J. Hamilton granting 9 Motion to Transfer Case (nah, COURT STAFF) (Filed on 12/3/2009) [Transferred from California Northern on 3/17/2010.] (Entered: 12/03/2009)

Dec. 3, 2009 PACER

Case electronically transferred to USDC-Northern District of Illinois, case number 1:09-cv-07565. (vlk, COURT STAFF) (Filed on 12/4/2009) [Transferred from California Northern on 3/17/2010.]

Dec. 4, 2009 PACER
28

Transcript of Proceedings held on December 2, 2009, before Judge Phyllis J. Hamilton. Court Reporter Raynee H. Mercado, Telephone number 510-502-6175, raynee_mercado@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Redaction Request due 1/4/2010. Redacted Transcript Deadline set for 1/11/2010. Release of Transcript Restriction set for 3/11/2010. (rhm, ) (Filed on 12/14/2009) [Transferred from California Northern on 3/17/2010.] (Entered: 12/14/2009)

Dec. 14, 2009 PACER
29

USCA Case Number 09-73958 Ninth Circuit Court of Appeals for Writ of Mandamus (kk, COURT STAFF) (Filed on 12/17/2009) [Transferred from California Northern on 3/17/2010.] (Entered: 12/17/2009)

Dec. 17, 2009 PACER
30

Case retransferred from USDC Northern District of Illinois(1:09-cv-7565). Documents 29 - 34 and docket attached. (Attachments: # 1 12/9/2009 Minute Entry; Document 29, # 2 Attorney Appearance; Document 30, # 3 Attorney Appearance; Document 31, # 4 Motion to Transfer Case; Document 32, # 5 Notice of Motion; Document 33, # 6 12/17/2009 Minute Entry; Document 34, # 7 USDC Northern District of Illinois Docket) (vlk, COURT STAFF) (Filed on 1/4/2010) Modified on 1/6/2010 (vlk, COURT STAFF). [Transferred from California Northern on 3/17/2010.] (Entered: 01/04/2010)

2 12/9/2009 Minute Entry; Document 29

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3 Attorney Appearance; Document 30

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4 Attorney Appearance; Document 31

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5 Motion to Transfer Case; Document 32

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6 Notice of Motion; Document 33

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7 12/17/2009 Minute Entry; Document 34

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8 USDC Northern District of Illinois Docket

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Jan. 4, 2010 PACER
31

MOTION to Shorten Time FOR THE HEARING OF PLAINTIFF EEOCS MOTION FOR STAY OF TRANSFER PENDING APPEAL filed by Equal Employment Opportunity Commission. Motion Hearing set for 1/6/2010 09:00 AM in Courtroom 3, 3rd Floor, Oakland. (Attachments: # 1 Affidavit of Dixon)(Ordonio-Dixon, Linda) (Filed on 1/5/2010) [Transferred from California Northern on 3/17/2010.] (Entered: 01/05/2010)

2 Affidavit of Dixon

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Jan. 5, 2010 PACER
32

MOTION to Stay Transfer Pending Appeal filed by Equal Employment Opportunity Commission. Motion Hearing set for 1/6/2010 09:00 AM in Courtroom 3, 3rd Floor, Oakland. (Ordonio-Dixon, Linda) (Filed on 1/5/2010) [Transferred from California Northern on 3/17/2010.] (Entered: 01/05/2010)

Jan. 5, 2010 PACER
35

Minute Entry: Motion Hearing held on 1/6/2010 before Phyllis J. Hamilton (Date Filed: 1/6/2010) re 32 MOTION to Stay Transfer Pending Appeal filed by Equal Employment Opportunity Commission, 31 MOTION to Shorten Time FOR THE HEARING OF PLAINTIFF EEOCS MOTION FOR STAY OF TRANSFER PENDING APPEAL filed by Equal Employment Opportunity Commission. (Court Reporter Diane Skillman.) (nah, COURT STAFF) (Date Filed: 1/6/2010) [Transferred from California Northern on 3/17/2010.] (Entered: 01/08/2010)

Jan. 6, 2010 PACER
33

Proposed Order re 32 MOTION to Stay Transfer Pending Appeal by Equal Employment Opportunity Commission. (Ordonio-Dixon, Linda) (Filed on 1/7/2010) [Transferred from California Northern on 3/17/2010.] (Entered: 01/07/2010)

Jan. 7, 2010 PACER
34

ORDER GRANTING A STAY OF TRANSFER by Judge Phyllis J. Hamilton granting 32 Motion to Stay (nah, COURT STAFF) (Filed on 1/7/2010) [Transferred from California Northern on 3/17/2010.] (Entered: 01/07/2010)

Jan. 7, 2010 PACER
37

ORDER of USCA denying petition for writ of mandamus (vlk, COURT STAFF) (Filed on 3/12/2010) [Transferred from California Northern on 3/17/2010.] (Entered: 03/16/2010)

March 12, 2010 PACER
36

ORDER VACATING STAY. Signed by Judge Phyllis J. Hamilton on 3/15/10. (nah, COURT STAFF) (Filed on 3/15/2010) [Transferred from California Northern on 3/17/2010.] (Entered: 03/15/2010)

March 15, 2010 RECAP
38

RECEIVED from California Northern; Case Number 4:09-cv-02469. (lcw) (Entered: 03/17/2010)

March 17, 2010 PACER

MAILED Rule 83 transfer in letter to all counsel of record. (lcw, )

March 17, 2010 PACER
39

ATTORNEY Appearance for Defendant United Air Lines, Inc. by Charis A. Runnels (Runnels, Charis) (Entered: 03/25/2010)

March 25, 2010 PACER
40

MOTION for Leave to Appear Pro Hac Vice (Ordonio-dixon, Linda) (Entered: 04/30/2010)

April 30, 2010 PACER
41

MINUTE entry before Honorable Harry D. Leinenweber: Linda Susan Ordonio-Dixon granted leave to appear pro hac vice on behalf of the plaintiff.Mailed notice (wp, ) (Entered: 05/24/2010)

May 24, 2010 PACER
42

MINUTE entry before Honorable Harry D. Leinenweber: Status hearing set for 6/30/2010 at 09:00 AM.Mailed notice (wp, ) (Entered: 05/24/2010)

May 24, 2010 PACER
43

MINUTE entry before Honorable Harry D. Leinenweber: Status hearing reset for 7/22/2010 at 09:00 AM.Mailed notice (wp, ) (Entered: 06/08/2010)

June 8, 2010 PACER
44

MINUTE entry before Honorable Harry D. Leinenweber: Status hearing by telephone set for 7/22/2010 at 08:45 AM.Mailed notice (wp, ) (Entered: 07/20/2010)

July 20, 2010 PACER
45

MINUTE entry before Honorable Harry D. Leinenweber:Status hearing by telephone held on 7/22/2010. Status hearing set for 9/15/2010 at 09:00 AM.Mailed notice (wp, ) (Entered: 07/27/2010)

July 22, 2010 PACER
46

MINUTE entry before Honorable Harry D. Leinenweber:Status hearing held on 9/15/2010. Status hearing set for 9/29/2010 at 09:00 AM.Mailed notice (wp, ) (Entered: 09/27/2010)

Sept. 15, 2010 PACER
47

MINUTE entry before Honorable Harry D. Leinenweber: Status hearing reset for 10/14/2010 at 09:00 AM. by agreement.Mailed notice (wp, ) (Entered: 09/28/2010)

Sept. 28, 2010 PACER
48

MINUTE entry before Honorable Harry D. Leinenweber: Status hearing reset for 10/19/2010 at 09:00 AM.Mailed notice (wp, ) (Entered: 10/13/2010)

Oct. 13, 2010 PACER
49

MINUTE entry before Honorable Harry D. Leinenweber: Status hearing reset for 10/21/2010 at 08:45 AM. by telephone.Mailed notice (wp, ) (Entered: 10/18/2010)

Oct. 18, 2010 PACER
50

MINUTE entry before Honorable Harry D. Leinenweber:Status hearing held on 10/21/2010 by telephone. Plaintiff to file its amended complaint by 10/26/2010. Defendant to file its motion to dismiss with memorandum in support by 11/23/2010. Plaintiff's response to be filed by 12/14/2010. Defendant's reply brief to be filed by 1/4/2011. The Court will rule orally on 2/3/2011 at 09:00 AM.Mailed notice (wp, ) (Entered: 10/22/2010)

Oct. 21, 2010 PACER
51

SECOND AMENDED complaint by Equal Employment Opportunity Commission against Equal Employment Opportunity Commission (Attachments: # 1 Exhibit A)(Ordonio-Dixon, Linda) (Entered: 10/26/2010)

1 Exhibit A

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Oct. 26, 2010 PACER
52

MOTION by Defendant United Air Lines, Inc. to dismiss Second Amended Complaint (Runnels, Charis) (Entered: 11/22/2010)

Nov. 22, 2010 PACER
53

MEMORANDUM by United Air Lines, Inc. in support of motion to dismiss 52 Second Amended Complaint (Attachments: # 1 Exhibit A)(Runnels, Charis) (Entered: 11/22/2010)

1 Exhibit A

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Nov. 22, 2010 PACER
54

RESPONSE by Equal Employment Opportunity Commissionin Opposition to MOTION by Defendant United Air Lines, Inc. to dismiss Second Amended Complaint 52 (Attachments: # 1 Exhibit)(Ordonio-Dixon, Linda) (Entered: 12/14/2010)

1 Exhibit

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Dec. 14, 2010 PACER
55

REPLY by Defendant United Air Lines, Inc. to motion to dismiss 52 (Runnels, Charis) (Entered: 01/03/2011)

Jan. 3, 2011 PACER
56

MINUTE entry before Honorable Harry D. Leinenweber:For the reasons stated in open court, defendant's motion to dismiss plaintiff's second amended complaint for failure to state a claim 52 is granted. Civil case terminated. Mailed notice (wp, ) (Entered: 02/07/2011)

Feb. 3, 2011 PACER
57

ENTERED JUDGMENT on 2/3/2011:Mailed notice(wp, ) (Entered: 02/07/2011)

Feb. 3, 2011 PACER
58

TRANSCRIPT OF PROCEEDINGS held on 02/03/11 before the Honorable Harry D. Leinenweber. Court Reporter Contact Information: Gayle A. McGuigan, CSR, RMR, CRR, 312.435.6047, Gayle_McGuigan@ilnd.uscourt.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 4/13/2011. Redacted Transcript Deadline set for 4/25/2011. Release of Transcript Restriction set for 6/21/2011. (McGuigan, Gale) (Entered: 03/23/2011)

March 23, 2011 PACER
59

NOTICE of appeal by Equal Employment Opportunity Commission regarding orders 57 (Ordonio-Dixon, Linda) (Entered: 04/01/2011)

April 1, 2011 PACER
60

DOCKETING Statement by Equal Employment Opportunity Commission regarding notice of appeal 59 (Ordonio-Dixon, Linda) (Entered: 04/01/2011)

April 1, 2011 PACER
61

NOTICE of Appeal Due letter sent to counsel of record (dj, ) (Entered: 04/01/2011)

April 1, 2011 PACER
62

TRANSMITTED to the 7th Circuit the short record on notice of appeal 59 . Notified counsel (dj, ) (Entered: 04/01/2011)

April 1, 2011 PACER
63

ACKNOWLEDGMENT of receipt of short record on appeal regarding notice of appeal 59 ; USCA Case No. 11-1774. (ea, ) (Entered: 04/05/2011)

April 4, 2011 PACER
64

TRANSMITTED to the USCA for the 7th Circuit the long record on appeal 59 (USCA no. 11-1774).(dj, ) (Entered: 04/21/2011)

April 21, 2011 PACER
65

ORDER dated 9/18/12 from the Seventh Circuit regarding notice of appeal 59 ; Appellate case no. : 11-1774. Upon consideration of the Unopposed motion of United Air Lines, Inc. to stay the mandate pending the filing of a petition of a write of certiorari, filed on September 17, 2012, by counsel for the appellee, It Is Ordered that the motion is Granted. the mandate of this court is Stayed until December 6, 2012. If, within the period of the stay, a petition for certiorari is filed and appellee so notifies this court in writing, then the stay shall continue until the Supreme Court's final disposition. See Fed. R.App.P 41(d)(2)(B). The parties are reminded that this order does not extend the deadline for petitioning for certiorari. See Sup. Ct. R. 13. (ea, ) (Entered: 09/20/2012)

Sept. 19, 2012 PACER
66

ORDER dated 12/7/12 from the Seventh Circuit regarding notice of appeal 59 ; Appellate case no. : 11-1774. (ea, ) (Entered: 12/07/2012)

Dec. 7, 2012 PACER
67

LETTER from the Seventh Circuit returning the record on appeal in USCA no. 11-1774. (vcf, ) (Entered: 07/19/2013)

July 18, 2013 PACER
68

MANDATE of USCA dated 9/7/2012 regarding notice of appeal 59 ; USCA No. 11-1774. The judgment of the District Court is REVERSED, with costs, and this matter is REMANDED to the district court for further consideration consistent with the opinion of this court. The above in accordance with the decision of this court entered on this date. (vcf, ) (Entered: 07/19/2013)

July 18, 2013 PACER
69

OPINION from the USCA for the 7th Circuit; Argued 10/20/2011; Decided 9/7/2012 in USCA case no. 11-1774. For the foregoing reasons, the judgment of the district court is Reversed and we Remand this matter to the district court for further consideration consistent with this opinion. (vcf, ) (Entered: 07/19/2013)

July 18, 2013 PACER
70

BILL of Costs. (vcf, ) (Entered: 07/19/2013)

July 18, 2013 PACER
71

MINUTE entry before the Honorable Harry D. Leinenweber: Status hearing set for 5/22/2014 at 09:00 AM.Mailed notice (wp, ) (Entered: 05/06/2014)

May 6, 2014 PACER
72

WITHDRAWING Charis A. Runnels as counsel for Defendant United Air Lines, Inc. and substituting Andrew Lylburn Scroggins as counsel of record (Scroggins, Andrew) (Entered: 05/07/2014)

May 7, 2014 PACER
73

MINUTE entry before the Honorable Harry D. Leinenweber:Status hearing held on 5/22/2014. Status hearing set for 7/23/2014 at 09:00 AM.Mailed notice (wp, ) (Entered: 05/22/2014)

May 22, 2014 PACER
74

MINUTE entry before the Honorable Harry D. Leinenweber:Status hearing held on 7/23/2014. Charis A. Runnels is granted leave to withdraw her appearance as attorney of record for Defendant, United Air Lines, Inc. and Andrew L. Scroggins of Morgan, Lewis & Buckius LLP granted leave to enter his appearance as counsel for United. Nina G. Stillman of Morgan, Lewis & Bockius LLP remains lead counsel for United. Status hearing set for 9/30/2014 at 09:00 AM.Mailed notice (wp, ) (Entered: 07/23/2014)

July 23, 2014 PACER
75

MINUTE entry before the Honorable Harry D. Leinenweber:Status hearing held on 9/30/2014. Discovery cut-off extended to 12/30/2014. Status hearing set for 1/8/2014 at 09:00 AM.Mailed notice (wp, ) (Entered: 09/30/2014)

Sept. 30, 2014 PACER
76

MINUTE entry before the Honorable Harry D. Leinenweber: Status hearing reset for 1/8/2015 at 09:00 AM.Mailed notice (wp, ) (Entered: 09/30/2014)

Sept. 30, 2014 PACER
77

MINUTE entry before the Honorable Harry D. Leinenweber:The discovery cut-off date of 12/30/2014 set in the court's minute entry [#75] is hereby vacated, having been entered in error.Mailed notice (wp, ) (Entered: 09/30/2014)

Sept. 30, 2014 PACER
78

NOTICE of Unavailability of counsel, for Plaintiff Equal Employment Opportunity Commission by Linda Susan Ordonio-Dixon (Ordonio-Dixon, Linda)(Docket Text Modified by Clerks Office.) Modified on 10/15/2014 (ea, ). (Entered: 10/14/2014)

Oct. 14, 2014 PACER
79

MINUTE entry before the Honorable Harry D. Leinenweber:Status hearing held on 1/8/2015. Status hearing set for 3/31/2015 at 09:00 AM.Mailed notice (wp, ) (Entered: 01/08/2015)

Jan. 8, 2015 PACER
80

MINUTE entry before the Honorable Harry D. Leinenweber: Status hearing reset for 4/29/2015 at 09:00 AM.Mailed notice (wp, ) (Entered: 03/23/2015)

March 23, 2015 PACER
81

MOTION by counsel for Defendant United Air Lines, Inc. to withdraw as attorney (Scroggins, Andrew) (Entered: 03/23/2015)

March 23, 2015 PACER
82

NOTICE of Motion by Andrew L. Scroggins for presentment of motion to withdraw as attorney 81 before Honorable Harry D. Leinenweber on 4/14/2015 at 09:30 AM. (Scroggins, Andrew) (Entered: 03/23/2015)

March 23, 2015 PACER
83

RESPONSE by Equal Employment Opportunity Commission to MOTION by counsel for Defendant United Air Lines, Inc. to withdraw as attorney 81 - NON-OPPOSITION (Ordonio-Dixon, Linda) (Entered: 04/06/2015)

April 6, 2015 PACER
84

MINUTE entry before the Honorable Harry D. Leinenweber:Andrew L. Scroggins Motion to withdraw as attorney for defendant 81 is granted.Mailed notice (wp, ) (Entered: 04/16/2015)

April 14, 2015 PACER
85

MINUTE entry before the Honorable Harry D. Leinenweber: Status hearing reset for 6/9/2015 at 09:00 AM.Mailed notice (wp, ) (Entered: 04/28/2015)

April 28, 2015 PACER
86

CONSENT DECREE [PROPOSED] by Equal Employment Opportunity Commission (Ordonio-Dixon, Linda) (Entered: 06/08/2015)

June 8, 2015 PACER
87

MINUTE entry before the Honorable Harry D. Leinenweber:Status hearing stricken.Mailed notice (wp, ) (Entered: 06/08/2015)

June 8, 2015 PACER
88

CONSENT Decree Signed by the Honorable Harry D. Leinenweber on 6/8/2015.(mr, ) (Entered: 06/11/2015)

June 8, 2015 RECAP

State / Territory: Illinois

Case Type(s):

Equal Employment

Key Dates

Filing Date: March 16, 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

EEOC on behalf of disabled employees of United Airlines

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

United Airlines, Private Entity/Person

Defendant Type(s):

Transportation

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Warrant/Order allowing surveillance

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2015 - 2018

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Recordkeeping

Reporting

Training

Issues

General:

Disparate Impact

Disparate Treatment

Individualized planning

Reasonable Accommodations

Reasonable Modifications

Discrimination-area:

Accommodation / Leave

Discharge / Constructive Discharge / Layoff

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

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Type of Facility:

Non-government for profit

EEOC-centric:

Direct Suit on Merits