Case: Goins v. United Parcel Service Inc

4:21-cv-08722 | U.S. District Court for the Northern District of California

Filed Date: Nov. 9, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

This case is about a class of female United Parcel Service (UPS) workers who alleged the company engaged in widespread and pervasive sex-based discrimination over a number of years.  On November 9, 2021, a group of private plaintiffs filed this putative class action against UPS and an individual UPS manager in the U.S. District Court for the Northern District of California. Plaintiffs were women employed at UPS, including supervisors, sorters, drivers, loaders, and associates located in Califor…

This case is about a class of female United Parcel Service (UPS) workers who alleged the company engaged in widespread and pervasive sex-based discrimination over a number of years. 

On November 9, 2021, a group of private plaintiffs filed this putative class action against UPS and an individual UPS manager in the U.S. District Court for the Northern District of California. Plaintiffs were women employed at UPS, including supervisors, sorters, drivers, loaders, and associates located in California, Arkansas, Washington, and Nevada. Represented by private counsel, the plaintiffs brought claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000(e) et seq.; the Equal Pay Act of 1963, 29 U.S.C. § 216(b); the California Fair Employment and Housing Act, Cal. Gov. Code § 12940, et seq.; the California Equal Pay Act, Cal. Lab. Code § 1197.5, et seq.; and the California Business and Professions Code, Cal. Bus. & Prof. Code § 17200 et seq. The complaint broadly alleged that the company tolerated and cultivated a work environment that discriminated against female employees and denied them equal pay for equal work. The specific factual allegations varied across plaintiffs, but generally articulated a disparate treatment theory of discrimination in which women were paid less than similarly situated men, given less desirable work than their male counterparts, and not offered workplace accommodations that male colleagues received. Plaintiffs sought class certification of a class of women employees; injunctive relief against the practices alleged; back pay, front pay, and benefits compensation of no less than $100 million; compensatory damages of no less than $100 million, and punitive damages of no less than $50 million. The case was assigned to District Judge Phyllis J. Hamilton.

After a stay lasting nearly a year, the plaintiffs filed their first amended complaint on October 7, 2022. The amended complaint added 15 new named plaintiffs, numerous additional factual allegations against UPS, and added a civil RICO claim—18 U.S.C. § 1964— along with a claim alleging an ongoing violation under the Lilly Ledbetter Act. The RICO claim alleged that UPS consistently committed wage theft against the plaintiffs, which they claimed was a racketeering activity under the meaning of the statute. The Lilly Ledbetter Act allows plaintiffs to recover back pay for up to two years prior to the discovery of an ongoing gender-based denial of equal pay for equal work.

Defendants moved to dismiss the first amended complaint on December 8, and after a hearing, Judge Hamilton granted the motion with leave to amend on December 13, 2022. The court’s ruling stated that the plaintiffs’ first amended complaint lacked sufficient clarity to tell whether the alleged facts formed a basis to sustain the claims. The court gave the plaintiffs leave to amend their complaint, but dismissed with prejudice the RICO claim and the action against an individual defendant, while noting that the Lily Ledbetter Act does not form the basis of a standalone claim, but rather extends the statute of limitations under the Equal Pay Act. Finally, the order laid out the necessary elements of each of the surviving claims, essentially informing the plaintiffs what they needed to allege in their subsequent amended complaint. In a separate order, Judge Hamilton asked the parties to resolve an ambiguity about whether they had stipulated to the addition of the 15 additional plaintiffs or whether the plaintiffs would need to make a separate motion to make the addition. 2022 WL 17652798. The parties stipulated to the addition of plaintiffs on December 15, 2022.

On January 23, 2023, the plaintiffs filed their second amended complaint. The second amended complaint added factual allegations regarding the alleged discriminatory treatment each of the 18 total named plaintiffs faced as employees at UPS. It also clarified that it brought both disparate treatment and disparate impact claims under Title VII. UPS moved to dismiss the second amended complaint on February 24, 2023 for failure to exhaust administrative remedies and failure to state a claim. UPS also moved to strike all of plaintiffs’ class claims. 

On April 20, 2023, Judge Hamilton granted the motion to dismiss with regard to the 15 late-added plaintiffs and struck the class claims. The three original plaintiffs’ claims survived. Regarding the later plaintiffs and the putative class, the court held that they had not exhausted their administrative remedies as required by Title VII. To bring an employment discrimination suit in federal court under Title VII, a plaintiff must first file a claim with the Equal Employment Opportunity Commission (EEOC) or the analogous state agency and receive a right to sue letter. The three original plaintiffs satisfied this requirement prior to the commencement of the original lawsuit, but the late-filing plaintiffs did not file an EEOC charge until January 2023. The court noted that unnamed class members and late-filing plaintiffs need not exhaust their administrative remedies if their claims could arise out of the original administrative charges sufficient to give notice to the defendant. The court found, however, that later plaintiffs’ factual allegations and the class allegations in the second amended complaint were not reasonably related to the initial complaints filed with the EEOC. The court pointed out that there were significant factual dissimilarities between the three original plaintiffs and the later plaintiffs, and dismissed their claims accordingly. 2023 WL 3047388.

While the lawsuit continued as to the three original plaintiffs, the court also dismissed their claims of disparate impact discrimination and the state and federal Equal Pay Act claims for two of the three plaintiffs. The court held that the allegations necessary to make out a disparate impact claim—that is, a facially neutral policy that leads to differential outcomes based on their gender—were not alleged in the original EEOC charge, and the original plaintiffs had therefore failed to exhaust their administrative remedies. The plaintiffs’ state and federal disparate treatment claims survived, as did their California unlawful business practices claims. 2023 WL 3047388.

The defendants filed their answer to the plaintiffs’ claims on May 18, 2023, and the case proceeded to discovery. 

As of October 4, 2023, the case is in discovery and set for trial on September 30, 2024.

Summary Authors

Terry Howard (10/4/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/60832506/parties/goins-v-united-parcel-service-inc/


Judge(s)

Hamilton, Phyllis Jean (California)

Attorney for Plaintiff

Iscandari, M. Alieu (California)

Attorney for Defendant

Brown, Elizabeth Alexandra (California)

Ghali, Teresa Wang (California)

Svanfeldt, Jennifer P. (California)

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Documents in the Clearinghouse

Document
1

4:21-cv-08722

Class and Collective Action Complaint

Goins v. United Parcel Service

Nov. 9, 2021

Nov. 9, 2021

Complaint
34

4:21-cv-08722

Order Re First Amended Complaint

Dec. 8, 2022

Dec. 8, 2022

Order/Opinion
35

4:21-cv-08722

Order Granting Motion to Dismiss

Dec. 13, 2022

Dec. 13, 2022

Order/Opinion
38

4:21-cv-08722

Second Amended Class and Collective Action Complaint

Goins v. United Parcel Service, Inc.

Jan. 23, 2023

Jan. 23, 2023

Complaint
47

4:21-cv-08722

Order on Motion to Dismiss and/or Strike Second Amended Complaint

April 20, 2023

April 20, 2023

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/60832506/goins-v-united-parcel-service-inc/

Last updated March 11, 2024, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with Jury Demand for Damages and Injunctive Relief against All Defendants ( Filing fee $ 402, receipt number BCANDC-16611641.). Filed byGALENA GOINS, TERRY A. JONES-JACKSON, SONIA LOPEZ. (Attachments: # 1 Civil Cover Sheet)(Varlack, Tiega) (Filed on 11/9/2021) Modified on 11/10/2021 (bns, COURT STAFF). (Entered: 11/09/2021)

1 Civil Cover Sheet

View on PACER

Nov. 9, 2021

Nov. 9, 2021

Clearinghouse
2

NOTICE of Appearance by Tiega Noel Varlack (M. Alieu Iscandari) (Varlack, Tiega) (Filed on 11/9/2021) (Entered: 11/09/2021)

Nov. 9, 2021

Nov. 9, 2021

PACER
3

Proposed Summons. (Attachments: # 1 Summons proposed summons)(Varlack, Tiega) (Filed on 11/9/2021) (Entered: 11/09/2021)

Nov. 9, 2021

Nov. 9, 2021

PACER
4

Case assigned to Magistrate Judge Laurel Beeler. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 11/24/2021. (anj, COURT STAFF) (Filed on 11/10/2021) (Entered: 11/10/2021)

Nov. 10, 2021

Nov. 10, 2021

PACER

Electronic Filing Error

Nov. 10, 2021

Nov. 10, 2021

PACER

Electronic filing error. NOTICE TO COUNSEL: Counsel Alieu Iscandari must file their own Notice of Appearance using their own ECF Profile to appear on the docket. Re: 2 Notice of Appearance filed by GALENA GOINS, TERRY A. JONES-JACKSON, SONIA LOPEZ (bns, COURT STAFF) (Filed on 11/10/2021)

Nov. 10, 2021

Nov. 10, 2021

PACER
5

Summons Issued as to RICARDO MORENO, United Parcel Service Inc. (bns, COURT STAFF) (Filed on 11/10/2021) (Entered: 11/10/2021)

Nov. 10, 2021

Nov. 10, 2021

PACER
6

Initial Case Management Scheduling Order with ADR Deadlines: This case may fall within the Initial Discovery Protocols for Employment Cases Alleging Adverse Action. See General Order 71. Parties and Counsel are directed to review General Order 71 to determine whether it applies to this case, and to comply with that General Order if applicable. Case Management Statement due by 2/3/2022 . Initial Case Management Conference set for 2/10/2022 11:00 AM. (bns, COURT STAFF) (Filed on 11/10/2021) (Entered: 11/10/2021)

Nov. 10, 2021

Nov. 10, 2021

PACER

~Util - Case Assigned by Intake

Nov. 10, 2021

Nov. 10, 2021

PACER
7

CLERK'S NOTICE Re: Consent or Declination: Plaintiffs shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 12/14/2021. (ejk, COURT STAFF) (Filed on 11/30/2021) (Entered: 11/30/2021)

Nov. 30, 2021

Nov. 30, 2021

PACER
8

CLERKS NOTICE RESETTING CASE MANAGEMENT CONFERENCE TIME: Initial Case Management Conference set for 2/10/2022 at 11:00 AM is reset to 9:30 AM in San Francisco - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/lb General Order 58. Perso ns granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry. ) (ejk, COURT STAFF) (Filed on 12/3/2021) (Entered: 12/03/2021)

Dec. 3, 2021

Dec. 3, 2021

PACER

Clerk's Notice Setting Zoom Hearing

Dec. 3, 2021

Dec. 3, 2021

PACER
9

CLERK'S SECOND NOTICE Re: Consent or Declination: Plaintiffs shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 1/4/2022. (ejk, COURT STAFF) (Filed on 12/21/2021) (Entered: 12/21/2021)

Dec. 21, 2021

Dec. 21, 2021

PACER
10

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by GALENA GOINS, TERRY A. JONES-JACKSON, SONIA LOPEZ.. (Varlack, Tiega) (Filed on 12/21/2021) (Entered: 12/21/2021)

Dec. 21, 2021

Dec. 21, 2021

PACER
11

NOTICE of Appearance by M. Alieu Iscandari for Plaintiffs (Iscandari, M.) (Filed on 12/24/2021) (Entered: 12/24/2021)

Dec. 24, 2021

Dec. 24, 2021

PACER
12

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by United Parcel Service Inc.. (Brown, Elizabeth) (Filed on 1/28/2022) (Entered: 01/28/2022)

Jan. 28, 2022

Jan. 28, 2022

PACER
13

CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ejk, COURT STAFF) (Filed on 1/31/2022) (Entered: 01/31/2022)

Jan. 31, 2022

Jan. 31, 2022

PACER
14

SUMMONS Returned Executed by GALENA GOINS, TERRY A. JONES-JACKSON, SONIA LOPEZ. United Parcel Service Inc served on 1/21/2022, answer due 2/11/2022. (Varlack, Tiega) (Filed on 1/31/2022) (Entered: 01/31/2022)

Jan. 31, 2022

Jan. 31, 2022

PACER

Clerk's Notice of Impending Reassignment - Text Only

Jan. 31, 2022

Jan. 31, 2022

PACER
15

ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Phyllis J. Hamilton for all further proceedings. Magistrate Judge Laurel Beeler no longer assigned to case,. Signed by Clerk on 02/01/2022. (mbc, COURT STAFF) (Filed on 2/1/2022) (Entered: 02/01/2022)

Feb. 1, 2022

Feb. 1, 2022

PACER
16

ORDER SETTING CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 3/10/2022. Initial Case Management Conference set for 3/17/2022 at 02:00 PM - Videoconference Only. Signed by Judge Phyllis J. Hamilton on 2/1/2022. (kc, COURT STAFF) (Filed on 2/1/2022) (Entered: 02/01/2022)

Feb. 1, 2022

Feb. 1, 2022

PACER
17

STIPULATION WITH PROPOSED ORDER To Stay Proceedings filed by United Parcel Service Inc, Galena Goins Sonia Lopez and Terry A. Jones-Jackson. (Brown, Elizabeth) (Filed on 2/8/2022) Modified on 2/9/2022 (jml, COURT STAFF). (Entered: 02/08/2022)

Feb. 8, 2022

Feb. 8, 2022

PACER
18

STIPULATION AND ORDER TO STAY PROCEEDINGS by Judge Phyllis J. Hamilton granting 17 Stipulation. Joint Status Report due by 8/26/2022. Joint Case Management Statement due by 9/8/2022. Initial Case Management Conference set for 9/15/2022 at 02:00 PM before Hon. Phyllis J. Hamilton. (kc, COURT STAFF) (Filed on 2/9/2022) (Entered: 02/09/2022)

Feb. 9, 2022

Feb. 9, 2022

RECAP
19

Joint Status Report Regarding Mediation filed by United Parcel Service Inc, Galena Goins, Sonia Lopez and Terry A. Jones-Jackson. (Brown, Elizabeth) (Filed on 8/26/2022) Modified on 8/29/2022 (anj, COURT STAFF). (Entered: 08/26/2022)

Aug. 26, 2022

Aug. 26, 2022

PACER
20

CERTIFICATE OF SERVICE by Galena Goins, Terry A. Jones-Jackson, Sonia Lopez re 1 Complaint, AS to Ricardo Moreno (Varlack, Tiega) (Filed on 9/7/2022) (Entered: 09/07/2022)

Sept. 7, 2022

Sept. 7, 2022

PACER
21

STIPULATION WITH PROPOSED ORDER To Extend Time for Defendants to Respond, re 1 Complaint, filed by Ricardo Moreno, United Parcel Service Inc., Galena Goins, Sonia Lopez and Terry A. Jones-Jackson. (Brown, Elizabeth) (Filed on 9/8/2022) Modified on 9/9/2022 (jml, COURT STAFF). (Entered: 09/08/2022)

Sept. 8, 2022

Sept. 8, 2022

PACER
22

JOINT CASE MANAGEMENT STATEMENT filed by United Parcel Service Inc., Sonia Lopez, Galena Goins and Terry A. Jones-Jackson. (Brown, Elizabeth) (Filed on 9/8/2022) Modified on 9/9/2022 (jml, COURT STAFF). (Entered: 09/08/2022)

Sept. 8, 2022

Sept. 8, 2022

PACER
23

STIPULATION AND ORDER TO EXTEND TIME FOR DEFENDANTS UNITED PARCEL SERVICE, INC. AND RICARDO MORENO TO RESPOND TO CLASS AND COLLECTIVE ACTION COMPLAINT by Judge Phyllis J. Hamilton granting 21 Stipulation. (kc, COURT STAFF) (Filed on 9/9/2022) (Entered: 09/09/2022)

Sept. 9, 2022

Sept. 9, 2022

PACER
24

CLERKS NOTICE SETTING ZOOM HEARING. Initial Case Management Conference set for 9/15/2022 at 02:00 PM - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/pjh Court Appearances: Advanced notice is required of counsel who wish to be identified by the co urt as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at pjhcrd@cand.uscourts.gov no later than September 14, 2022 at 12:00 noon.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this en try.) (kc, COURT STAFF) (Filed on 9/9/2022) (Entered: 09/09/2022)

Sept. 9, 2022

Sept. 9, 2022

PACER

Clerk's Notice Setting Zoom Hearing

Sept. 9, 2022

Sept. 9, 2022

PACER
25

Minute Entry for proceedings held before Judge Phyllis J. Hamilton: Initial Case Management Conference held on 9/15/2022. Amended Pleadings due by 10/7/2022. Motion to Dismiss and/or Strike due by 10/28/2022. FTR: Recorded in Zoom. (kc, COURT STAFF) (Date Filed: 9/15/2022) (Entered: 09/19/2022)

Sept. 15, 2022

Sept. 15, 2022

PACER
26

First Amended class and collective action Complaint Filed by Galena Goins, Terry A. Jones-Jackson, Sonia Lopez. (Varlack, Tiega) (Filed on 10/7/2022) Modified on 10/11/2022 (kc, COURT STAFF). Modified on 10/12/2022 (anj, COURT STAFF). (Entered: 10/07/2022)

Oct. 7, 2022

Oct. 7, 2022

PACER
27

MOTION to Dismiss and/or Strike; Memorandum Of Points And Authorities In Support Of Defendants' Motion To Dismiss and/or Strike filed by Ricardo Moreno, United Parcel Service Inc. Motion Hearing set for 12/8/2022 01:30 PM in Oakland, Courtroom 3, 3rd Floor before Judge Phyllis J. Hamilton. Responses due by 11/14/2022. Replies due by 11/21/2022. (Attachments: # 1 Proposed Order Granting Defendants' Motion To Dismiss And/Or Strike)(Brown, Elizabeth) (Filed on 10/28/2022) Modified on 10/31/2022 (kc, COURT STAFF). (Entered: 10/28/2022)

Oct. 28, 2022

Oct. 28, 2022

PACER
28

Request for Judicial Notice re 27 MOTION to Dismiss and/or Strike filed byRicardo Moreno, United Parcel Service Inc. (Attachments: # 1 Proposed Order Granting Defendants' Request For Judicial Notice In Support Of Motion To Dismiss And/Or Strike)(Related document(s) 27 ) (Brown, Elizabeth) (Filed on 10/28/2022) Modified on 10/31/2022 (kc, COURT STAFF). (Entered: 10/28/2022)

Oct. 28, 2022

Oct. 28, 2022

PACER

Reset Deadlines per Minute Entry 25 as to 27 MOTION to Dismiss and/or Strike. Opposition due by 11/11/2022. Reply due by 11/23/2022. (kc, COURT STAFF) (Filed on 10/28/2022)

Oct. 28, 2022

Oct. 28, 2022

PACER

Set Motion and Deadlines/Hearings

Oct. 31, 2022

Oct. 31, 2022

PACER
29

OPPOSITION/RESPONSE (re 27 MOTION to Dismiss and/or Strike ) filed by Galena Goins, Terry A. Jones-Jackson, Sonia Lopez. (Varlack, Tiega) (Filed on 11/11/2022) Modified on 11/14/2022 (anj, COURT STAFF). (Entered: 11/11/2022)

Nov. 11, 2022

Nov. 11, 2022

PACER
30

Plaintiffs' Request for Judicial Notice, in support of Opposition to defendant's request for Judicial Notice in support of Motion to Dismiss and or Strike re 29 Opposition/Response to Motion filed by Galena Goins, Terry A. Jones-Jackson, Sonia Lopez. (Related document(s) 29 ) (Varlack, Tiega) (Filed on 11/11/2022) Modified on 11/14/2022 (anj, COURT STAFF). (Entered: 11/11/2022)

Nov. 11, 2022

Nov. 11, 2022

PACER
31

OPPOSITION/RESPONSE (re 28 Request for Judicial Notice in Support of 27 MOTION to Dismiss and/or Strike ) filed by Galena Goins, Terry A. Jones-Jackson, Sonia Lopez. (Varlack, Tiega) (Filed on 11/11/2022) Modified on 11/14/2022 (kc, COURT STAFF). Modified on 11/14/2022 (anj, COURT STAFF). (Entered: 11/11/2022)

Nov. 11, 2022

Nov. 11, 2022

PACER
32

REPLY (re 27 MOTION to Dismiss and/or Strike ) filed byRicardo Moreno, United Parcel Service Inc. (Brown, Elizabeth) (Filed on 11/17/2022) (Entered: 11/17/2022)

Nov. 17, 2022

Nov. 17, 2022

PACER
33

Minute Entry for proceedings held before Judge Phyllis J. Hamilton: Motion Hearing held on 12/8/2022 re 27 MOTION to Dismiss and/or Strike filed by Ricardo Moreno, United Parcel Service Inc. Amended Pleadings due by 1/23/2023. Responsive pleading due by 2/24/2023. Court Reporter: Lee-Anne Shortridge. (kc, COURT STAFF) (Date Filed: 12/8/2022) (Entered: 12/08/2022)

Dec. 8, 2022

Dec. 8, 2022

PACER
34

ORDER re additional plaintiffs in 26 First Amended Complaint filed by Terry A. Jones-Jackson, Galena Goins, Sonia Lopez. Signed by Judge Phyllis J. Hamilton on December 8, 2022. Response due on or before December 15, 2022. (pjhlc1, COURT STAFF) (Filed on 12/8/2022) (Entered: 12/08/2022)

Dec. 8, 2022

Dec. 8, 2022

Clearinghouse
35

Order GRANTING 27 defendants' Motion to Dismiss. Leave to amend is GRANTED as specified at the hearing and in this order. Signed by Judge Phyllis J. Hamilton on December 13, 2022. (pjhlc1, COURT STAFF) (Filed on 12/13/2022) (Entered: 12/13/2022)

Dec. 13, 2022

Dec. 13, 2022

Clearinghouse
36

Stipulation to add certain named Plaintiffs and Proposed Order thereon re 33 Motion Hearing,, Set Deadlines, re Additional Plaintiffs filed by Galena Goins, Terry A. Jones-Jackson, Sonia Lopez and United Parcel Service Inc. (Varlack, Tiega) (Filed on 12/15/2022) Modified on 12/16/2022 (anj, COURT STAFF). (Entered: 12/15/2022)

Dec. 15, 2022

Dec. 15, 2022

PACER
37

STIPULATION TO ADD CERTAIN NAMED PLAINTIFFS AND ORDER THEREON by Judge Phyllis J. Hamilton granting 36 Stipulation. (kc, COURT STAFF) (Filed on 12/16/2022) (Entered: 12/16/2022)

Dec. 16, 2022

Dec. 16, 2022

PACER
38

Second Amended Class and Collective Action Complaint against All Defendants. Filed by Amy Holland, Sonia Lopez, Galena Goins, Melissa McKay, Katherine Kelly, Danette Brown, Esmeralda Gomez, Rebecca Daniels, Terry A. Jones-Jackson, Brooke McGary, Unity Beddingfield, Leslie Matthews, Christiana Yanez Davidson. (Varlack, Tiega) (Filed on 1/23/2023) Modified on 1/24/2023 (anj, COURT STAFF). (Entered: 01/23/2023)

Jan. 23, 2023

Jan. 23, 2023

Clearinghouse
39

TRANSCRIPT ORDER for proceedings held on December 8, 2022 before Judge Phyllis J. Hamilton by United Parcel Service Inc, for Court Reporter Lee-Anne Shortridge. (Brown, Elizabeth) (Filed on 1/27/2023) (Entered: 01/27/2023)

Jan. 27, 2023

Jan. 27, 2023

PACER
40

Transcript of Proceedings held on 12-8-22, before Judge Phyllis J. Hamilton. Court Reporter Lee-Anne Shortridge, email: lee-anne_shortridge@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's 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. (Re 39 Transcript Order ) Release of Transcript Restriction set for 5/10/2023. (Related documents(s) 39 ) (las, ) (Filed on 2/9/2023) (Entered: 02/09/2023)

Feb. 9, 2023

Feb. 9, 2023

PACER
41

Defendant United Parcel Service Inc.'s Notice of Motion and Motion to Dismiss and/or Strike Plaintiffs' second amended class and collective action Complaint; Memorandum of Points and Authorities in support thereof filed by United Parcel Service Inc. Motion Hearing set for 4/6/2023 01:30 PM in Oakland, Courtroom 3, 3rd Floor before Judge Phyllis J. Hamilton. Responses due by 3/10/2023. Replies due by 3/17/2023. (Attachments: # 1 Proposed Order)(Brown, Elizabeth) (Filed on 2/24/2023) Modified on 2/24/2023 (anj, COURT STAFF). Modified on 3/13/2023 (kc, COURT STAFF). (Entered: 02/24/2023)

Feb. 24, 2023

Feb. 24, 2023

PACER
42

TRANSCRIPT ORDER for proceedings held on 12/08/2022 before Judge Phyllis J. Hamilton by Galena Goins, for Court Reporter Lee-Anne Shortridge. (Varlack, Tiega) (Filed on 2/28/2023) (Entered: 02/28/2023)

Feb. 28, 2023

Feb. 28, 2023

PACER
43

OPPOSITION/RESPONSE (re 41 Defendant United Parcel Service Inc.'s Notice of Motion and Motion to Dismiss and/or Strike Plaintiffs' second amended class and collective action Complaint; Memorandum of Points and Authorities in support thereof ) filed by Unity Beddingfield, Danette Brown, Rebecca Daniels, Christiana Yanez Davidson, Galena Goins, Esmeralda Gomez, Amy Holland, Terry A. Jones-Jackson, Katherine Kelly, Sonia Lopez, Leslie Matthews, Brooke McGary, Melissa McKay, Kes Nacole, Saysamone Nanthavong, Tami Rankins, Crystal Ryan-Williams, Samantha Williams. (Varlack, Tiega) (Filed on 3/10/2023) Modified on 3/10/2023 (anj, COURT STAFF). (Entered: 03/10/2023)

March 10, 2023

March 10, 2023

PACER
44

REPLY (re 41 Motion to Dismiss and/or Strike Plaintiffs' second amended class and collective action Complaint ) filed by United Parcel Service Inc. (Brown, Elizabeth) (Filed on 3/16/2023) Modified on 3/17/2023 (anj, COURT STAFF). (Entered: 03/16/2023)

March 16, 2023

March 16, 2023

PACER
45

CLERKS NOTICE SETTING ZOOM HEARING. Motion Hearing re 41 Motion to Dismiss and/or Strike Second Amended Complaint set for 4/6/2023 at 01:30 PM in - Videoconference Only before Judge Phyllis J. Hamilton. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/pjh General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kc, COURT STAFF) (Filed on 4/4/2023) (Entered: 04/04/2023)

April 4, 2023

April 4, 2023

PACER

Clerk's Notice Setting Zoom Hearing

April 4, 2023

April 4, 2023

PACER
46

CLERK'S NOTICE VACATING MOTION HEARING. YOU ARE HEREBY NOTIFIED that the Motion Hearing re 41 Motion to Dismiss and/or Strike Plaintiffs' Second Amended Complaint set for 4/6/2023 at 1:30 p.m. is VACATED. The motion will be decided on the papers. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kc, COURT STAFF) (Filed on 4/5/2023) (Entered: 04/05/2023)

April 5, 2023

April 5, 2023

PACER

Clerk's Notice

April 5, 2023

April 5, 2023

PACER
47

Order GRANTING in part and DENYING in part 41 Motion to Dismiss. Signed by Judge Phyllis J. Hamilton on April 20, 2023. (pjhlc1, COURT STAFF) (Filed on 4/20/2023) (Entered: 04/20/2023)

April 20, 2023

April 20, 2023

Clearinghouse

***DISREGARD, ENTERED IN ERROR. DEADLINE TO FILE AMENDED COMPLAINT IS VACATED. ANSWER TO BE FILED BY 5/18/2023.*** Set Deadlines: Amended Pleadings due by 5/11/2023. (kc, COURT STAFF) (Filed on 4/20/2023) Modified on 4/25/2023 (kc, COURT STAFF). Modified on 4/25/2023 (kc, COURT STAFF).

April 20, 2023

April 20, 2023

PACER

Set Deadlines/Hearings

April 21, 2023

April 21, 2023

PACER
48

***This hearing was reported by a court reporter, no audio is available to order. Ordering party has been contacted.*** AUDIO RECORDINGS ORDER (requesting docket(s): 33 ), by Sonia Lopez. Court will send to Tiega-Noel Varlack at tiega@varlacklegal.com a link to the files requested in this order. ( Filing fee $ 32, receipt number ACANDC-18239310). (Varlack, Tiega) (Filed on 5/5/2023) Modified on 5/5/2023 (nap, COURT STAFF). (Entered: 05/05/2023)

May 5, 2023

May 5, 2023

PACER

Audio Recordings of Court Proceedings

May 5, 2023

May 5, 2023

PACER
49

ANSWER to Amended Complaint by United Parcel Service Inc. (Brown, Elizabeth) (Filed on 5/18/2023) Modified on 5/19/2023 (anj, COURT STAFF). (Entered: 05/18/2023)

May 18, 2023

May 18, 2023

PACER
50

CLERKS NOTICE SETTING FURTHER CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 6/8/2023. Further Case Management Conference set for 6/15/2023 at 02:00 PM - Videoconference Only. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/pjh Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at pjhcrd@cand.uscourts.gov no later than June 14, 2023 at 12:00 PM PST.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kc, COURT STAFF) (Filed on 5/19/2023) (Entered: 05/19/2023)

May 19, 2023

May 19, 2023

PACER

Clerk's Notice Setting Zoom Hearing

May 19, 2023

May 19, 2023

PACER
51

JOINT CASE MANAGEMENT STATEMENT filed by Galena Goins, Terry A. Jones-Jackson, Sonia Lopez and United Parcel Service Inc.. (Varlack, Tiega) (Filed on 6/8/2023) Modified on 6/9/2023 (anj, COURT STAFF). (Entered: 06/08/2023)

June 8, 2023

June 8, 2023

PACER
52

Minute Entry for proceedings held before Judge Phyllis J. Hamilton: Further Case Management Conference held on 6/15/2023. Case referred to Private ADR. Designation of Experts due by 2/28/2024. Rebuttal Reports due by 3/14/2024. Close of Fact Discovery due by 3/29/2024. Close of Expert Discovery due by 4/15/2024. Dispositive Motions to be heard by 5/23/2024. Pretrial Conference set for 9/5/2024 at 02:00 PM in Oakland, Courtroom 3, 3rd Floor before Judge Phyllis J. Hamilton. Jury Selection and Jury Trial (15 days) set for 9/30/2024 at 08:30 AM in Oakland, Courtroom 3, 3rd Floor before Judge Phyllis J. Hamilton. Court Reporter: Recorded via Zoom. (kc, COURT STAFF) (Date Filed: 6/15/2023) (Entered: 06/15/2023)

June 15, 2023

June 15, 2023

PACER

CASE REFERRED to Private ADR. (af, COURT STAFF) (Filed on 6/15/2023)

June 15, 2023

June 15, 2023

PACER
53

CASE MANAGEMENT AND PRETRIAL ORDER. Signed by Judge Phyllis J. Hamilton on 6/16/2023. (kc, COURT STAFF) (Filed on 6/16/2023) (Entered: 06/16/2023)

June 16, 2023

June 16, 2023

PACER

Case Referred to Private ADR

June 16, 2023

June 16, 2023

PACER
54

NOTICE of Change of Address by Elizabeth Alexandra Brown (Brown, Elizabeth) (Filed on 8/28/2023) (Entered: 08/28/2023)

Aug. 28, 2023

Aug. 28, 2023

PACER

Electronic Filing Error

Aug. 29, 2023

Aug. 29, 2023

PACER

Electronic filing error. REMINDER: Counsel must update personal profile for change of contact information to be in effect. Re: 54 Notice of Change of Address filed by United Parcel Service Inc (anj, COURT STAFF) (Filed on 8/29/2023)

Aug. 29, 2023

Aug. 29, 2023

PACER
55

Stipulation and Proposed Order

Oct. 6, 2023

Oct. 6, 2023

PACER
56

Order on Stipulation

Oct. 10, 2023

Oct. 10, 2023

PACER
57

Administrative Motion per Civil Local Rule 7-11

Feb. 16, 2024

Feb. 16, 2024

PACER
58

Opposition/Response to Motion

Feb. 20, 2024

Feb. 20, 2024

PACER
59

ORDER by Judge Hamilton granting in part and denying in part 57 Administrative Motion. (pjhlc3, COURT STAFF) (Filed on 2/26/2024)

Feb. 26, 2024

Feb. 26, 2024

RECAP

Case Details

State / Territory: California

Case Type(s):

Equal Employment

Key Dates

Filing Date: Nov. 9, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Three women employed by UPS, alleging sex-based discrimination and seeking to represent a class of similarly situated employees.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

United Parcel Service (UPS), Private Entity/Person

Case Details

Causes of Action:

Equal Pay Act, 29 U.S.C. § 206(d)

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

State Anti-Discrimination Law

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Pattern or Practice

Discrimination Area:

Accommodation / Leave

Disparate Impact

Disparate Treatment

Harassment / Hostile Work Environment

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

Pay / Benefits

Discrimination Basis:

Age discrimination

Disability (inc. reasonable accommodations)

Race discrimination

Sex discrimination

Affected Race(s):

Black

Affected Sex/Gender(s):

Female