Case: EEOC v. Union Pacific Railroad Company

0:23-cv-03030 | U.S. District Court for the District of Minnesota

Filed Date: Sept. 29, 2023

Case Ongoing

Clearinghouse coding in progress

Case Summary

On September 29, 2023, the United States Equal Employment Opportunity Commission filed this putative class-action lawsuit in the U.S. District Court for the District of Minnesota. They sought to represent a class of Union Pacific Railroad employees who were viewed as disabled and terminated due to their disability by Union Pacific Railroad (“Aggrieved Individuals”).  Plaintiffs sued the Union Pacific Railroad Company, alleging that the termination of employment was a violation of the Americans …

On September 29, 2023, the United States Equal Employment Opportunity Commission filed this putative class-action lawsuit in the U.S. District Court for the District of Minnesota. They sought to represent a class of Union Pacific Railroad employees who were viewed as disabled and terminated due to their disability by Union Pacific Railroad (“Aggrieved Individuals”). 

Plaintiffs sued the Union Pacific Railroad Company, alleging that the termination of employment was a violation of the Americans with Disabilities Act of 1990. Plaintiffs claimed that their employer discriminated against them by regarding them as disabled after employing a qualification standard that tends to screen out individuals with disabilities. Some of the employees passed the first color vision test they were given, however, Union Pacific required them to take another test (the light cannon test), which the company stated they failed. Despite some employees demonstrating medical evidence to prove that they did not have a color visual impairment, they were not allowed to work in any job position that required the employee to be able to identify colored railway signals.

Plaintiffs are requesting a permanent injunction to enjoin Union Pacific from engaging in unlawful medical inquiries, an order to Union Pacific to provide equal employment opportunities, back pay with interest for employees who were unlawfully terminated, compensation for past and future pecuniary and nonpecuniary losses that were due to Union Pacific’s unlawful employment practices, punitive damages, EEOC’s costs expended in this lawsuit. 

This case is ongoing. 

 

Summary Authors

Renuka Wagh (1/2/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/67865065/parties/us-equal-employment-opportunity-commission-v-union-pacific-railroad/


Judge(s)
Attorney for Plaintiff

Bunch, Kelly Jane (Minnesota)

Cohen, Ethan Michael (Minnesota)

Attorney for Defendant
Expert/Monitor/Master/Other

Barney, Gavin Scott (Minnesota)

Baures, Laura (Minnesota)

Delbridge, Charles A (Minnesota)

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Documents in the Clearinghouse

Document
1

0:23-cv-03030

Complaint

Sept. 29, 2023

Sept. 29, 2023

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/67865065/us-equal-employment-opportunity-commission-v-union-pacific-railroad/

Last updated Aug. 9, 2025, 11:05 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Union Pacific Railroad Company filed by U.S. Equal Employment Opportunity Commission. No summons requested. (Attachments: # 1 Civil Cover Sheet) (Heo, Won) (Entered: 09/29/2023)

Sept. 29, 2023

Sept. 29, 2023

RECAP
2

NOTICE of Appearance by Won Emma Heo on behalf of U.S. Equal Employment Opportunity Commission. (Heo, Won) (Entered: 09/29/2023)

Sept. 29, 2023

Sept. 29, 2023

PACER
3

DOCUMENT FILED IN ERROR- WILL REFILE - NOTICE of Appearance by Ann Henry on behalf of U.S. Equal Employment Opportunity Commission. (Henry, Ann) Modified text on 10/2/2023 (MMP). (Entered: 09/29/2023)

Sept. 29, 2023

Sept. 29, 2023

PACER
4

DOCUMENT FILED IN ERROR - WILL REFILE - NOTICE of Appearance by Ethan Michael Morley Cohen on behalf of U.S. Equal Employment Opportunity Commission. (Cohen, Ethan) Modified text on 10/2/2023 (MMP). (Entered: 09/29/2023)

Sept. 29, 2023

Sept. 29, 2023

PACER
5

NOTICE of Appearance by Ann Henry on behalf of U.S. Equal Employment Opportunity Commission. (Henry, Ann) (Entered: 10/02/2023)

Oct. 2, 2023

Oct. 2, 2023

PACER
6

NOTICE of Appearance by Ethan Michael Morley Cohen on behalf of U.S. Equal Employment Opportunity Commission. (Cohen, Ethan) (Entered: 10/02/2023)

Oct. 2, 2023

Oct. 2, 2023

PACER
7

(Text-Only) CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Eric C. Tostrud per 3rd/4th Civil Rights list, referred to Magistrate Judge Douglas L. Micko. Please use case number 23-cv-3030 ECT/DLM.Notice: All Nongovernmental Corporate Parties must file a Rule 7.1 Corporate Disclosure Statement. (kt) (Entered: 10/03/2023)

Oct. 3, 2023

Oct. 3, 2023

PACER
8

DOCUMENT FILED IN ERROR-NO SUMMONS REQUESTED. Summons Issued as to Union Pacific Railroad Company. (kt) Modified text on 10/11/2023 (MKB). (Entered: 10/03/2023)

Oct. 3, 2023

Oct. 3, 2023

PACER
9

WAIVER OF SERVICE Returned Executed filed by U.S. Equal Employment Opportunity Commission. Union Pacific Railroad Company waiver sent on 9/29/2023, answer due 11/28/2023. (Heo, Won) (Entered: 10/11/2023)

Oct. 11, 2023

Oct. 11, 2023

PACER
10

NOTICE of Appearance by Jonathan Delozano on behalf of U.S. Equal Employment Opportunity Commission. (Delozano, Jonathan) (Entered: 10/17/2023)

Oct. 17, 2023

Oct. 17, 2023

PACER
11

NOTICE of Appearance by Kelly Jane Bunch on behalf of U.S. Equal Employment Opportunity Commission. (Bunch, Kelly) (Entered: 10/20/2023)

Oct. 20, 2023

Oct. 20, 2023

PACER
12

ANSWER to Complaint Motion to Dismiss Complaint filed by Union Pacific Railroad Company. (Hollembeak, Jeremiah) (Entered: 11/28/2023)

Nov. 28, 2023

Nov. 28, 2023

PACER
13

BRIEF ISO Motion to Dismiss filed by Union Pacific Railroad Company.(Hollembeak, Jeremiah) (Entered: 11/28/2023)

Nov. 28, 2023

Nov. 28, 2023

PACER
14

EXHIBIT Request for Judical Notice ISO re 13 Brief filed by Union Pacific Railroad Company. (Attachments: # 1 Exhibit(s) Exhibit A - Aragon Charge, # 2 Exhibit(s) Exhibit B - Carman Charge, # 3 Exhibit(s) Exhibit C - Coleman Charge, # 4 Exhibit(s) Exhibit D - Corrington Charge, # 5 Exhibit(s) Exhibit E - Dettke Charge, # 6 Exhibit(s) Exhibit F - Garcia Charge, # 7 Exhibit(s) Exhibit G - Hurley Charge, # 8 Exhibit(s) Exhibit H - Kirk Charge, # 9 Exhibit(s) Exhibit I - Koch Charge, # 10 Exhibit(s) Exhibit J - Kulicke Charge, # 11 Exhibit(s) Exhibit K - McSwain Charge, # 12 Exhibit(s) Exhibit L - Morris Charge, # 13 Exhibit(s) Exhibit M - Meyers Charge, # 14 Exhibit(s) Exhibit N - Naatjes Charge, # 15 Exhibit(s) Exhibit O - Pendergraft Charge, # 16 Exhibit(s) Exhibit P - Reeves Charge, # 17 Exhibit(s) Exhibit Q - Sample Charge, # 18 Exhibit(s) Exhibit R - Vejar Charge, # 19 Exhibit(s) Exhibit S - Walker Charge, # 20 Exhibit(s) Exhibit T - T Wright Charge, # 21 Exhibit(s) Exhibit U - V Wright Charge, # 22 Exhibit(s) Exhibit V - Pendergraft Decision, # 23 Exhibit(s) Exhibit W - Marlow Decision)(Hollembeak, Jeremiah) (Entered: 11/28/2023)

Nov. 28, 2023

Nov. 28, 2023

PACER
15

MOTION for Admission Pro Hac Vice for Attorney Mark J. Goldsmith. Filing fee $ 100, receipt number AMNDC-10683627 filed by Union Pacific Railroad Company. (Hollembeak, Jeremiah) (Entered: 11/28/2023)

Nov. 28, 2023

Nov. 28, 2023

PACER
16

MOTION for Admission Pro Hac Vice for Attorney Scott P. Moore. Filing fee $ 100, receipt number AMNDC-10683650 filed by Union Pacific Railroad Company. (Hollembeak, Jeremiah) (Entered: 11/28/2023)

Nov. 28, 2023

Nov. 28, 2023

PACER
17

MOTION to Dismiss/General Complaint filed by Union Pacific Railroad Company. (Hollembeak, Jeremiah) (Entered: 11/28/2023)

Nov. 28, 2023

Nov. 28, 2023

PACER
18

MEET and CONFER STATEMENT re 17 Motion to Dismiss/General filed by Union Pacific Railroad Company.(Hollembeak, Jeremiah) (Entered: 11/28/2023)

Nov. 28, 2023

Nov. 28, 2023

PACER
19

RULE 7.1 DISCLOSURE STATEMENT. Parent corporation, publicly held corporation owning 10 percent or more of its stock, or subsidiary reported for Union Pacific Railroad Company. (Hollembeak, Jeremiah) (Entered: 11/28/2023)

Nov. 28, 2023

Nov. 28, 2023

PACER
20

NOTICE OF HEARING ON MOTION 17 MOTION to Dismiss/General Complaint : to Dismiss Plaintiff's Complaint Motion Hearing set for 2/20/2024 at 09:00 AM in Courtroom 7A (STP) before Judge Eric C. Tostrud. (Hollembeak, Jeremiah) (Entered: 11/28/2023)

Nov. 28, 2023

Nov. 28, 2023

PACER
21

PROPOSED ORDER TO JUDGE re 17 MOTION to Dismiss/General Complaint filed by Union Pacific Railroad Company.(Hollembeak, Jeremiah) (Entered: 11/28/2023)

Nov. 28, 2023

Nov. 28, 2023

PACER
22

(Text-Only) ORDER granting 15 Motion for Admission Pro Hac Vice of Attorney Mark Joseph Goldsmith for Union Pacific Railroad Company.; granting 16 Motion for Admission Pro Hac Vice of Attorney Scott P. Moore for Union Pacific Railroad Company. Approved by Magistrate Judge Douglas L. Micko on 11/30/2023. (jam) (Entered: 11/30/2023)

Nov. 30, 2023

Nov. 30, 2023

PACER

Order on Motion for Admission Pro Hac Vice AND Order on Motion for Admission Pro Hac Vice

Nov. 30, 2023

Nov. 30, 2023

PACER

Order/Notice to Attorney

Nov. 30, 2023

Nov. 30, 2023

PACER
23

(Text-Only) ORDER: Due to the pending Motion to Dismiss 17, the Court finds there is good cause to delay the entry of a pretrial scheduling order. The Court will schedule a pretrial conference, if needed, promptly after a decision is issued on the pending motion. Ordered by Magistrate Judge Douglas L. Micko on 11/30/2023. (jme) (Entered: 11/30/2023)

Nov. 30, 2023

Nov. 30, 2023

PACER
24

NOTICE of Appearance by Jacob Harksen on behalf of Eric Aragon, Dale Carman, Fred Coleman, Robert Corrington, Andy Dettke, Jerry Garcia, Chris Hurley, Kent Kirk, Wayne Koch, Merlin Kulicke, Michael McSwain, Jeremiah Morris, Roy Myers, Dennis Naatjes, John Pendergraft, Randall Reeves, Robert Sample, Stephen Vejar, Timothy Wright, Vern Wright. (Harksen, Jacob) (Entered: 12/19/2023)

Dec. 19, 2023

Dec. 19, 2023

PACER
25

MOTION to Intervene filed by Eric Aragon, Dale Carman, Fred Coleman, Robert Corrington, Andy Dettke, Jerry Garcia, Chris Hurley, Kent Kirk, Wayne Koch, Merlin Kulicke, Michael McSwain, Jeremiah Morris, Roy Myers, Dennis Naatjes, John Pendergraft, Randall Reeves, Robert Sample, Stephen Vejar, Timothy Wright, Vern Wright. (Attachments: # 1 Exhibit(s) A - Proposed Complaint in Intervention)(Harksen, Jacob) (Entered: 12/19/2023)

Dec. 19, 2023

Dec. 19, 2023

PACER
26

NOTICE OF HEARING ON MOTION 25 MOTION to Intervene : Motion Hearing set for 2/20/2024 at 09:00 AM in Courtroom 7A (STP) before Judge Eric C. Tostrud. (Harksen, Jacob) (Entered: 12/19/2023)

Dec. 19, 2023

Dec. 19, 2023

PACER
27

BRIEF re 25 MOTION to Intervene filed by Eric Aragon, Dale Carman, Fred Coleman, Robert Corrington, Andy Dettke, Jerry Garcia, Chris Hurley, Kent Kirk, Wayne Koch, Merlin Kulicke, Michael McSwain, Jeremiah Morris, Roy Myers, Dennis Naatjes, John Pendergraft, Randall Reeves, Robert Sample, Stephen Vejar, Timothy Wright, Vern Wright. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Harksen, Jacob) (Entered: 12/19/2023)

Dec. 19, 2023

Dec. 19, 2023

PACER
28

MEET and CONFER STATEMENT re 25 Motion to Intervene, filed by Eric Aragon, Dale Carman, Fred Coleman, Robert Corrington, Andy Dettke, Jerry Garcia, Chris Hurley, Kent Kirk, Wayne Koch, Merlin Kulicke, Michael McSwain, Jeremiah Morris, Roy Myers, Dennis Naatjes, John Pendergraft, Randall Reeves, Robert Sample, Stephen Vejar, Timothy Wright, Vern Wright.(Harksen, Jacob) (Entered: 12/19/2023)

Dec. 19, 2023

Dec. 19, 2023

PACER
29

PROPOSED ORDER TO JUDGE re 25 MOTION to Intervene filed by Eric Aragon, Dale Carman, Fred Coleman, Robert Corrington, Andy Dettke, Jerry Garcia, Chris Hurley, Kent Kirk, Wayne Koch, Merlin Kulicke, Michael McSwain, Jeremiah Morris, Roy Myers, Dennis Naatjes, John Pendergraft, Randall Reeves, Robert Sample, Stephen Vejar, Timothy Wright, Vern Wright.(Harksen, Jacob) (Entered: 12/19/2023)

Dec. 19, 2023

Dec. 19, 2023

PACER
30

NOTICE of Appearance by Charles A Delbridge on behalf of Eric Aragon, Dale Carman, Fred Coleman, Robert Corrington, Andy Dettke, Jerry Garcia, Chris Hurley, Kent Kirk, Wayne Koch, Merlin Kulicke, Michael McSwain, Jeremiah Morris, Roy Myers, Dennis Naatjes, John Pendergraft, Randall Reeves, Robert Sample, Stephen Vejar, Timothy Wright, Vern Wright. (Delbridge, Charles) (Entered: 12/19/2023)

Dec. 19, 2023

Dec. 19, 2023

PACER
31

NOTICE of Appearance by Lucas J Kaster on behalf of Eric Aragon, Dale Carman, Fred Coleman, Robert Corrington, Andy Dettke, Jerry Garcia, Chris Hurley, Kent Kirk, Wayne Koch, Merlin Kulicke, Michael McSwain, Jeremiah Morris, Roy Myers, Dennis Naatjes, John Pendergraft, Randall Reeves, Robert Sample, Stephen Vejar, Timothy Wright, Vern Wright. (Kaster, Lucas) (Entered: 12/19/2023)

Dec. 19, 2023

Dec. 19, 2023

PACER
32

NOTICE of Appearance by James H Kaster on behalf of Eric Aragon, Dale Carman, Fred Coleman, Robert Corrington, Andy Dettke, Jerry Garcia, Chris Hurley, Kent Kirk, Wayne Koch, Merlin Kulicke, Michael McSwain, Jeremiah Morris, Roy Myers, Dennis Naatjes, John Pendergraft, Randall Reeves, Robert Sample, Stephen Vejar, Timothy Wright, Vern Wright. (Kaster, James) (Entered: 12/19/2023)

Dec. 19, 2023

Dec. 19, 2023

PACER
33

NOTICE of Appearance by Laura Baures on behalf of Eric Aragon, Dale Carman, Fred Coleman, Robert Corrington, Andy Dettke, Jerry Garcia, Chris Hurley, Kent Kirk, Wayne Koch, Merlin Kulicke, Michael McSwain, Jeremiah Morris, Roy Myers, Dennis Naatjes, John Pendergraft, Randall Reeves, Robert Sample, Stephen Vejar, Timothy Wright, Vern Wright. (Baures, Laura) (Entered: 12/19/2023)

Dec. 19, 2023

Dec. 19, 2023

PACER
34

RESPONSE in Opposition re 17 MOTION to Dismiss/General Complaint filed by U.S. Equal Employment Opportunity Commission. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Delozano, Jonathan) (Entered: 12/19/2023)

Dec. 19, 2023

Dec. 19, 2023

PACER
35

RESPONSE re 14 Exhibit,,,, in Opposition to Defendant's Request for Judicial Notice filed by U.S. Equal Employment Opportunity Commission. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Delozano, Jonathan) (Entered: 12/19/2023)

Dec. 19, 2023

Dec. 19, 2023

PACER
36

EXHIBIT Exhibit A Walker v UPRR Findings and Recommendations Slip Opinion re 35 Response, 34 Response in Opposition to Motion filed by U.S. Equal Employment Opportunity Commission.(Delozano, Jonathan) (Entered: 12/19/2023)

Dec. 19, 2023

Dec. 19, 2023

PACER
37

MOTION for Admission Pro Hac Vice for Attorney Anthony S. Petru. Filing fee $ 100, receipt number AMNDC-10731896 filed by Eric Aragon, Dale Carman, Fred Coleman, Robert Corrington, Andy Dettke, Jerry Garcia, Chris Hurley, Kent Kirk, Wayne Koch, Merlin Kulicke, Michael McSwain, Jeremiah Morris, Roy Myers, Dennis Naatjes, John Pendergraft, Randall Reeves, Robert Sample, Stephen Vejar, Timothy Wright, Vern Wright. (Kaster, James) (Entered: 12/20/2023)

Dec. 20, 2023

Dec. 20, 2023

PACER
38

MOTION for Admission Pro Hac Vice for Attorney Gavin S. Barney. Filing fee $ 100, receipt number AMNDC-10731905 filed by Eric Aragon, Dale Carman, Fred Coleman, Robert Corrington, Andy Dettke, Jerry Garcia, Chris Hurley, Kent Kirk, Wayne Koch, Merlin Kulicke, Michael McSwain, Jeremiah Morris, Roy Myers, Dennis Naatjes, John Pendergraft, Randall Reeves, Robert Sample, Stephen Vejar, Timothy Wright, Vern Wright. (Kaster, James) (Entered: 12/20/2023)

Dec. 20, 2023

Dec. 20, 2023

PACER
39

(Text-Only) ORDER granting 37 Motion for Admission Pro Hac Vice of Attorney Anthony S Petru for Eric Aragon, Dale Carman,Fred Coleman, Robert Corrington,Andy Dettke,Jerry Garcia,Chris Hurley,Kent Kirk,Wayne Koch,Merlin Kulicke, Michael McSwain, Jeremiah Morris,Roy Myers,Dennis Naatjes,John Pendergraft, Randall Reeves, Robert Sample,Stephen Vejar, Timothy Wright, and Vern Wright.; granting 38 Motion for Admission Pro Hac Vice of Attorney Gavin Scott Barney for Eric Aragon, Dale Carman,Fred Coleman, Robert Corrington,Andy Dettke,Jerry Garcia,Chris Hurley,Kent Kirk,Wayne Koch,Merlin Kulicke, Michael McSwain, Jeremiah Morris,Roy Myers,Dennis Naatjes,John Pendergraft, Randall Reeves, Robert Sample,Stephen Vejar, Timothy Wright, and Vern Wright. Approved by Magistrate Judge Douglas L. Micko on 12/22/2023. (jam) (Entered: 12/22/2023)

Dec. 22, 2023

Dec. 22, 2023

PACER

Order on Motion for Admission Pro Hac Vice AND Order on Motion for Admission Pro Hac Vice

Dec. 22, 2023

Dec. 22, 2023

PACER
40

MOTION for Extension of Time to File Response/Reply as to 17 MOTION to Dismiss/General Complaint, 34 Response in Opposition to Motion (Unopposed) filed by Union Pacific Railroad Company. (Moore, Scott) (Entered: 12/28/2023)

Dec. 28, 2023

Dec. 28, 2023

PACER
41

ORDER: Defendant's Unopposed Motion for Extension to File Reply Memorandum in Support of Motion to Dismiss 40 is GRANTED, and Defendant's reply memorandum shall be filed on or before January 9, 2024. Signed by Judge Eric C. Tostrud on 12/29/2023. (RMM) (Entered: 12/29/2023)

Dec. 29, 2023

Dec. 29, 2023

PACER
42

RESPONSE in Support re 17 MOTION to Dismiss/General Complaint filed by Union Pacific Railroad Company. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate Attachment 1)(Moore, Scott) (Entered: 01/09/2024)

Jan. 9, 2024

Jan. 9, 2024

PACER
43

(Text-Only) MINUTE ENTRY for proceedings held before Judge Eric C. Tostrud on 2/20/2024: Oral Arguments Motion Hearing.Court Reporter: Tim WilletteSt. Paul Courthouse, Courtroom 7ATime: 9:00 AM - 10:27 AMTotal Time: 1 Hour 27 MinutesAPPEARANCES:For Plaintiff: Jonathan Delozano and Ethan CohenFor Intervenors: James Kaster, Lucas Kaster, Jacob Harksen and Laura BauresFor Defendant: Scott Moore PROCEEDINGS: Hearing on: 25 MOTION to Intervene filed by Kent Kirk, Timothy Wright, Eric Aragon, Michael McSwain, Andy Dettke, Vern Wright, Roy Myers, Chris Hurley, Wayne Koch, Dale Carman, Robert Sample, John Pendergraft, Dennis Naatjes, Randall Reeves, Merlin Kulicke, Jeremiah Morris, Robert Corrington, Stephen Vejar, Jerry Garcia, Fred Coleman, 17 MOTION to Dismiss/General Complaint filed by Union Pacifc Corporation, a utah corporation. The motions were moved, argued and taken under advisement. Order to follow. (RMM) (Entered: 02/20/2024)

Feb. 20, 2024

Feb. 20, 2024

PACER
44

STIPULATION for Admission of Plaintiff-Intervenors and to Take Preservation Deposition by Eric Aragon, Dale Carman, Fred Coleman, Robert Corrington, Andy Dettke, Jerry Garcia, Chris Hurley, Kent Kirk, Wayne Koch, Merlin Kulicke, Michael McSwain, Jeremiah Morris, Roy Myers, Dennis Naatjes, John Pendergraft, Randall Reeves, Robert Sample, Stephen Vejar, Timothy Wright, Vern Wright. Jointly Signed by U.S. Equal Employment Opportunity Commission and Union Pacific Railroad Company. (Kaster, James) (Entered: 04/30/2024)

April 30, 2024

April 30, 2024

PACER
45

DECLARATION of James H. Kaster re 44 Stipulation,, by Eric Aragon, Dale Carman, Fred Coleman, Robert Corrington, Andy Dettke, Jerry Garcia, Chris Hurley, Kent Kirk, Wayne Koch, Merlin Kulicke, Michael McSwain, Jeremiah Morris, Roy Myers, Dennis Naatjes, John Pendergraft, Randall Reeves, Robert Sample, Stephen Vejar, Timothy Wright, Vern Wright . (Kaster, James) (Entered: 04/30/2024)

April 30, 2024

April 30, 2024

PACER
46

PROPOSED ORDER TO JUDGE re 44 Stipulation,,. (Kaster, James) (Entered: 04/30/2024)

April 30, 2024

April 30, 2024

PACER
47

ORDER on 44 Stipulation for Admission of Plaintiff-Intervenors and to Take Preservation Deposition. Signed by Judge Eric C. Tostrud on 5/1/2024.(RMM) (Entered: 05/01/2024)

May 1, 2024

May 1, 2024

PACER
48

Intervenor COMPLAINT against Defendant Union Pacific Railroad Company. filed by Dale Carman, Jeremiah Morris, Vern Wright, Jerry Garcia, Randall Reeves, Merlin Kulicke, Roy Myers, Andy Dettke, Timothy Wright, Wayne Koch, Robert Corrington, Kent Kirk, Dennis Naatjes, John Pendergraft, Chris Hurley, Eric Aragon, Stephen Vejar, Robert Sample, Fred Coleman, Michael McSwain. (Kaster, James) (Entered: 05/06/2024)

May 6, 2024

May 6, 2024

PACER
49

TRANSCRIPT REQUEST for an Expedited Hourly Transcript (within 2 hours) of 43 Motion Hearing,,,, to Court Reporter Tim Willette. (Moore, Scott) (Entered: 05/09/2024)

May 9, 2024

May 9, 2024

PACER
50

TRANSCRIPT of Hearing on Intervenors' Motion to Intervene and Defendant's Motion to Dismiss held on 2/20/2024 before Judge Eric C. Tostrud. (63 pages). Court Reporter: Tim Willette. For a copy of the transcript, please file a Transcript Request under Other Filings/Other Documents.Parties have 21 days to file a Statement of Redaction. In accordance with Judicial Conference policy and Local Rule 80.1, the transcript may be released and made remotely electronically available to the public in 90 days. For further information on redaction procedures, please review Local Rule 5.5 and Case Information >Transcripts, Court Reporters and Digital Audio Recordings. Statement of Redaction due 6/3/2024. Redacted Transcript Deadline set for 6/13/2024. Release of Transcript Restriction set for 8/12/2024. (TJW) (Entered: 05/13/2024)

May 13, 2024

May 13, 2024

PACER
51

TRANSCRIPT REQUEST for an Expedited 3-Day Transcript for a COPY OF 50 Transcript(s) to Court Reporter Tim Willette. (Barney, Gavin) (Entered: 05/16/2024)

May 16, 2024

May 16, 2024

PACER
52

Joint MOTION for Extension of Time to File Answer re 48 Intervenor Complaint, 17 MOTION to Dismiss/General Complaint, 12 Answer to Complaint filed by Union Pacific Railroad Company. (Goldsmith, Mark) (Entered: 05/23/2024)

May 23, 2024

May 23, 2024

PACER
53

(Text-Only) FILED IN ERROR: ORDER. This matter is before the Court on the parties' 52 Stipulation and Joint Motion to Extend Defendant's Deadline to Answer the Complaint in Intervention. Having considered the matter and finding good cause, it is ordered that the Motion is GRANTED. The deadline for Defendant Union Pacific to answer or otherwise respond to the Complaint in Intervention 48 is extended to 30 days after the Court issues its Order on the pending Motion to Dismiss 17 . Ordered by Magistrate Judge Douglas L. Micko on 5/24/2024. (jme) Modified text on 5/24/2024 (jme). (Entered: 05/24/2024)

May 24, 2024

May 24, 2024

PACER

Order on Motion for Extension of Time to Answer

May 24, 2024

May 24, 2024

PACER

Order/Notice to Attorney

May 24, 2024

May 24, 2024

PACER
54

(Text-Only) ORDER. This matter is before the Court on the parties' 52 Stipulation and Joint Motion to Extend Defendant's Deadline to Answer the Complaint in Intervention. Having considered the matter and finding good cause, it is ordered that the Motion is GRANTED. The deadline for Defendant Union Pacific to file its answer to the Complaint in Intervention 48 is extended to 30 days after the Court issues its order on the pending Motion to Dismiss 17 filed in response to the Plaintiff EEOC's original Complaint 1 . Ordered by Magistrate Judge Douglas L. Micko on 5/24/2024. (jme) (Entered: 05/24/2024)

May 24, 2024

May 24, 2024

PACER
55

MOTION for Leave to File Notice of Supplemental Authority re 12 Answer to Complaint filed by Eric Aragon, Dale Carman, Fred Coleman, Robert Corrington, Andy Dettke, Jerry Garcia, Chris Hurley, Kent Kirk, Wayne Koch, Merlin Kulicke, Michael McSwain, Jeremiah Morris, Roy Myers, Dennis Naatjes, John Pendergraft, Randall Reeves, Robert Sample, Stephen Vejar, Timothy Wright, Vern Wright. ATTACHMENT FILED IN ERROR-DIRECTED TO REFILE. (Attachments: # 1 Exhibit(s) A - Proposed Notice of Supplemental Authority)(Kaster, James) Modified text on 6/18/2024 (MKB). (Entered: 06/17/2024)

June 17, 2024

June 17, 2024

PACER
56

MEET and CONFER STATEMENT re 55 Motion for Miscellaneous Relief,, filed by Eric Aragon, Dale Carman, Fred Coleman, Robert Corrington, Andy Dettke, Jerry Garcia, Chris Hurley, Kent Kirk, Wayne Koch, Merlin Kulicke, Michael McSwain, Jeremiah Morris, Roy Myers, Dennis Naatjes, John Pendergraft, Randall Reeves, Robert Sample, Stephen Vejar, Timothy Wright, Vern Wright.(Kaster, James) (Entered: 06/17/2024)

June 17, 2024

June 17, 2024

PACER
57

PROPOSED ORDER TO JUDGE re Plaintiff-Intervenors' Motion for Leave to File Notice of Supplemental Authority 55 Motion for Miscellaneous Relief,,. (Kaster, James) (Entered: 06/17/2024)

June 17, 2024

June 17, 2024

PACER
58

OPINION AND ORDER: Defendant's Request for Judicial Notice [ECF No. 14] is GRANTED as to the Claimants' Charges of Discrimination [ECF Nos. 14-114-21], and DENIED as to the Operating Crew Review Board decisions [ECF Nos. 14-22, 14-23]. De fendant Union Pacific's Motion to Dismiss [ECF No. 17] is DENIED. Plaintiff-Intervenors' Motion for Leave to File Notice of Supplemental Authority [ECF No. 55] is DENIED as moot. (Written Opinion). Signed by Judge Eric C. Tostrud on 7/8/2024. (RMM)

July 8, 2024

July 8, 2024

RECAP
60

Order/Notice of Hearing/Deadlines (Setting/Resetting)

July 25, 2024

July 25, 2024

PACER
65

Scheduling Order

Sept. 17, 2024

Sept. 17, 2024

PACER

Order/Notice of Hearing/Deadlines (Setting/Resetting)

Sept. 17, 2024

Sept. 17, 2024

PACER

Order for Party to File Document/Respond to Court

Oct. 15, 2024

Oct. 15, 2024

PACER

Order on Motion for Extension of Time

Oct. 28, 2024

Oct. 28, 2024

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Order/Notice of Hearing/Deadlines (Setting/Resetting)

Nov. 1, 2024

Nov. 1, 2024

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Order in Response to Letter/Request/E-mail

Nov. 12, 2024

Nov. 12, 2024

PACER
77

Protective Order

Nov. 14, 2024

Nov. 14, 2024

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Order on Motion for Admission Pro Hac Vice

Jan. 23, 2025

Jan. 23, 2025

PACER

Order/Notice of Hearing/Deadlines (Setting/Resetting)

Jan. 23, 2025

Jan. 23, 2025

PACER

Order on Motion for Admission Pro Hac Vice

Jan. 29, 2025

Jan. 29, 2025

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Order/Notice of Hearing/Deadlines (Setting/Resetting)

Jan. 30, 2025

Jan. 30, 2025

PACER
103

Order on Motion for Miscellaneous Relief

April 18, 2025

April 18, 2025

PACER
104

Order on Motion for Miscellaneous Relief

April 18, 2025

April 18, 2025

PACER

Order/Notice of Hearing/Deadlines (Setting/Resetting) AND ~Util - Set Deadlines/Hearings

April 18, 2025

April 18, 2025

PACER
109

Order on Motion for Extension of Time AND Order on Motion for Extension of Time to Complete Discovery

April 25, 2025

April 25, 2025

PACER

Order/Notice of Hearing/Deadlines (Setting/Resetting)

May 8, 2025

May 8, 2025

PACER

Scheduling Order

May 23, 2025

May 23, 2025

PACER

Order/Notice of Hearing/Deadlines (Setting/Resetting)

June 5, 2025

June 5, 2025

PACER

Order/Notice of Hearing/Deadlines (Setting/Resetting)

June 25, 2025

June 25, 2025

PACER

Order/Notice of Hearing/Deadlines (Setting/Resetting)

July 18, 2025

July 18, 2025

PACER

Case Details

State / Territory: Minnesota

Case Type(s):

Equal Employment

Disability Rights

Key Dates

Filing Date: Sept. 29, 2023

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs are employees of the Union Pacific Railroad Company who had permanent work restrictions placed on them, who were denied FRA certification, who were barred from performing their job, and who were placed on involuntary, indefinite leaves of absence as a result of not passing a qualification standard test they were mandated to take by the Union Pacific Railroad Company.

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Defendants

Union Pacific Railroad Company, Private Entity/Person

Case Details

Causes of Action:

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

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Disability and Disability Rights:

Disability, unspecified