Case: Equal Employment Opportunity Commission v. Army Sustainment, LLC

1:20-cv-00234 | U.S. District Court for the Middle District of Alabama

Filed Date: April 6, 2020

Closed Date: Feb. 28, 2024

Clearinghouse coding complete

Case Summary

This case asks whether barring employees in safety-sensitive roles from using certain prescription drugs constitutes discrimination, if those employees aren't using those medications while working. On April 6, 2020, the Equal Employment Opportunity Commission (EEOC) filed suit against Army Sustainment, LLC—a former federal contractor that maintained military aircraft at Fort Rucker (now Fort Novosel)—challenging Army Sustainment’s workplace drug policy, which prohibited employees in safety-sens…

This case asks whether barring employees in safety-sensitive roles from using certain prescription drugs constitutes discrimination, if those employees aren't using those medications while working.

On April 6, 2020, the Equal Employment Opportunity Commission (EEOC) filed suit against Army Sustainment, LLC—a former federal contractor that maintained military aircraft at Fort Rucker (now Fort Novosel)—challenging Army Sustainment’s workplace drug policy, which prohibited employees in safety-sensitive roles from using certain prescription medications (like opioids, amphetamines, and benzodiazepines). Filed in the U.S. District Court for the Middle District of Alabama, this case was assigned to District Judge R. Austin Huffaker Jr.

EEOC brought the case on behalf of 17 Army Sustainment employees who were prescribed medications prohibited by Army Sustainment. EEOC asserted four claims under the Americans with Disabilities Act (ADA): (1) discrimination on the basis of disability, (2) failure to accommodate, (3) use of impermissible qualification standards, and (4) interference with rights guaranteed by the ADA. EEOC sought compensatory and punitive damages on behalf of the 17 employees, and sought for the court to order Army Sustainment to provide reasonable accommodations to its employees who take prescription medications.

The EEOC alleged that Army Sustainment’s policy unlawfully screened out qualified workers with disabilities who used prescription medications to manage conditions such as chronic pain, anxiety, PTSD, and ADHD—medications that didn’t affect their ability to work, or that they didn’t take during work hours.

After extensive discovery, Army Sustainment moved for summary judgment. On September 26, 2023, the court issued a 47-page summary judgment opinion that partially narrowed the case. 2023 WL 6276341. The court ruled:

  • Claims arising before May 23, 2016 were time-barred. This eliminated the EEOC’s claims on behalf of seven individuals.
  • Disability Discrimination (Count I): The court allowed claims to proceed for four individuals, all of whom were placed on unpaid leave due to their prescribed medications. The court found sufficient evidence that they were "regarded as" disabled and subjected to adverse employment actions. The remaining claimants’ claims under this count were dismissed.
  • Failure to Accommodate and Qualification Standards (Counts II and III): The court granted summary judgment for Army Sustainment on these claims in full, finding no evidence that employees requested accommodations or that the policy was enforced as a blanket prohibition without individualized assessment.
  • Interference (Count IV): The court allowed this claim to proceed for all timely claimants, holding that forcing employees to stop taking prescribed medications under threat of termination could plausibly deter employees’ exercise of their ADA rights.

Following that ruling, the case moved toward trial but was ultimately resolved out of court. On February 27, 2024, the parties settled the case. The case is now closed.

Summary Authors

Gordon Pignato (5/9/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17101276/parties/equal-employment-opportunity-commission-v-army-sustainment-llc/


Judge(s)
Attorney for Plaintiff

Chang, Carl (Alabama)

DuBois, James Joseph (Alabama)

Fischer, Kurt Sethu (Alabama)

Franklin, Alysia D (Alabama)

Attorney for Defendant

Alessandra, Maria Nan (Alabama)

Documents in the Clearinghouse

Documents in this case
1

1:20-cv-00234

Complaint

April 6, 2020

April 6, 2020

Complaint
202

1:20-cv-00234

Memorandum Opinion and Order

Sept. 26, 2023

Sept. 26, 2023

Order/Opinion

2023 WL 6276341

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17101276/equal-employment-opportunity-commission-v-army-sustainment-llc/

Last updated July 9, 2026, 5:33 a.m.

Docket for: Equal Employment Opportunity Commission v. Army Sustainment, LLC
ECF Number Date Description Link
1 April 6, 2020

COMPLAINT against Army Sustainment, LLC, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(am, ) (Additional attachment(s) added on 4/20/2020: # 2 Complaint Original Ink Signature Page, # 3 Civil Cover Sheet Original Ink Signature Page) (amf, ). (Entered: 04/15/2020)

1 Civil Cover Sheet

View on PACER

2 Complaint Original Ink Signature Page

View on PACER

3 Civil Cover Sheet Original Ink Signature Page

View on PACER

Clearinghouse
April 6, 2020

Jury Demand

April 6, 2020

DEMAND for Trial by Jury by Equal Employment Opportunity Commission. (NO PDF - See doc 1 ) (am, )

2 April 15, 2020

NOTICE of Assignment to Magistrate Judge sent to counsel for Equal Employment Opportunity Commission. (am, ) (Entered: 04/15/2020)

RECAP
3 April 15, 2020

Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Equal Employment Opportunity Commission; Corporate Disclosures due by 4/27/2020. (Attachments: # 1 Standing Order)(am, ) (Entered: 04/15/2020)

RECAP
4 April 16, 2020

Corporate/Conflict Disclosure Statement by Equal Employment Opportunity Commission re 3 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Rucker, Marsha) (Entered: 04/16/2020)

RECAP
5 April 16, 2020

NOTICE of Appearance by Gerald Lee Miller on behalf of Equal Employment Opportunity Commission (Miller, Gerald) (Entered: 04/16/2020)

RECAP
6 April 23, 2020

REQUEST FOR WAIVER of Service sent to Latoya C. Merritt and Nicholas F. Morisani, Attorneys for Army Sustainment, LLC on April 23, 2020 by Equal Employment Opportunity Commission. Waiver of Service due by 5/22/2020. (Rucker, Marsha) (Entered: 04/23/2020)

RECAP
7 May 11, 2020

WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Army Sustainment, LLC waiver sent on 4/23/2020, answer due 6/22/2020. (Rucker, Marsha) (Entered: 05/11/2020)

RECAP
8 May 12, 2020

NOTICE of Appearance by Harriett F. Oppenheim on behalf of Equal Employment Opportunity Commission (Oppenheim, Harriett) (Additional attachment(s) added on 5/13/2020: # 1 Corrected Certificate of service) (am, ). (Entered: 05/12/2020)

RECAP
9 June 22, 2020

ANSWER to 1 Complaint, by Army Sustainment, LLC.(Morisani, Nicholas) (Entered: 06/22/2020)

RECAP
10 June 23, 2020

NOTICE of Assignment to Magistrate Judge sent to counsel for Army Sustainment, LLC. (am, ) (Entered: 06/23/2020)

RECAP
11 June 23, 2020

Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Army Sustainment, LLC; Corporate Disclosures due by 7/6/2020. (Attachments: # 1 Standing Order & Sample)(am, ) (Entered: 06/23/2020)

RECAP
12 June 25, 2020

RULE 26(f) ORDER: DIRECTING that the Rule 26(f) report containing the discovery plan shall be filed as soon as practicable but not later than 7/3/2020, as further set out in Order; DIRECTING the parties to complete the appropriate attached form so that the form is received by the Clerk on or before 6/29/2020, as further set in Order. Signed by Honorable Judge Susan Russ Walker on 6/25/2020. (am, ) (Entered: 06/25/2020)

RECAP
13 June 26, 2020

Motion for LaToya C. Merritt to Appear Pro Hac Vice by Army Sustainment, LLC. (Attachments: # 1 Exhibit Certificate of Good Standing, LaToya C. Merritt)(Morisani, Nicholas) Modified on 6/29/2020 to add attorney's name (am, ). (Entered: 06/26/2020)

RECAP
June 26, 2020

Add and Terminate Attorneys

June 26, 2020

***PURSUANT TO THE 13 MOTION - Attorney LaToya Merritt for Army Sustainment, LLC added. (NO PDF attached to this entry) (am, )

14 June 29, 2020

Motion for Maria Nan Alessandra to Appear Pro Hac Vice by Army Sustainment, LLC. (Attachments: # 1 Exhibit Certificate of Good Standing)(Morisani, Nicholas) Modified on 6/30/2020 to add attorney name (am, ). (Entered: 06/29/2020)

RECAP
15 June 29, 2020

Case reassigned to Honorable Judge R. Austin Huffaker, Jr and Honorable Judge Susan Russ Walker. Honorable Judge Susan Russ Walker no longer assigned to the case as presiding judge. (djy, ) (Entered: 06/29/2020)

RECAP
June 29, 2020

Add and Terminate Attorneys

June 29, 2020

***PURSUANT TO THE 14 MOTION - Attorney Maria Nan Alessandra for Army Sustainment, LLC added. (NO PDF attached to this entry) (am, )

16 June 30, 2020

NOTICE of Appearance by Kurt Sethu Fischer on behalf of Equal Employment Opportunity Commission (Fischer, Kurt) (Main Document 16 replaced on 6/30/2020 to attach a corrected PDF document to properly reflect the initials of the Presiding Judge in the case number as "RAH" and not "SRW") (amf, ). Modified on 6/30/2020 (amf, ). (Entered: 06/30/2020)

RECAP
17 June 30, 2020

Pro Hac Vice filing fee received re 13 Motion: $ 75.00, receipt number 4602058410. (amf, ) (Entered: 06/30/2020)

RECAP
18 June 30, 2020

Pro Hac Vice filing fee received re 14 Motion: $ 75.00, receipt number 4602058415. (amf, ) (Entered: 06/30/2020)

RECAP
19 June 30, 2020

NOTICE of Correction re 16 Notice of Appearance, to attach a corrected PDF document to properly reflect the initials of the Presiding Judge in the case number as "RAH" and not "SRW". (Attachments: # 1 Main PDF to Document 16 )(amf, ) (Entered: 06/30/2020)

RECAP
20 July 1, 2020

NOTICE of Appearance by Joseph Jackson Minus, Jr on behalf of Army Sustainment, LLC (Minus, Joseph) (Entered: 07/01/2020)

RECAP
21 July 2, 2020

REPORT of Rule 26(f) Planning Meeting. (Morisani, Nicholas) (Entered: 07/02/2020)

RECAP
22 July 6, 2020

TEXT ORDER: It be and is hereby ORDERED that the 13 Motion for LaToya C. Merritt to Appear Pro Hac Vice be and is hereby GRANTED. Signed by Honorable Judge R. Austin Huffaker, Jr on 7/6/2020. (NO PDF attached to this entry) (am, ) (Entered: 07/06/2020)

RECAP
23 July 6, 2020

TEXT ORDER: It be and is hereby ORDERED that the 14 Motion for Maria Nan Alessandra to Appear Pro Hac Vice be and is hereby GRANTED. Signed by Honorable Judge R. Austin Huffaker, Jr on 7/6/2020. (NO PDF attached to this entry) (am, ) (Entered: 07/06/2020)

RECAP
July 6, 2020

Order on Motion for Leave to Appear Pro Hac Vice

24 July 8, 2020

UNIFORM SCHEDULING ORDER: setting a Pretrial Conference for 10/14/2021 @ 10:00 AM before Honorable Judge R. Austin Huffaker Jr., in CR 2D, FMJ US Courthouse, Montgomery, AL; DIRECTING the parties to jointly prepare a Proposed Pretrial Order on or before 10/7/2021; Jury Selection & Jury Trial set for 12/6/2021 @ 10:00 AM before Honorable Judge R. Austin Huffaker Jr. in Dothan, AL; Dispositive & Daubert Motions due by 6/2/2021; Mediation Notice due not more than 5 days after the Settlement Conference; Amendments to Pleadings due by 9/7/2020; Discovery completed by 5/17/2021, as further set out in Order. Signed by Honorable Judge R. Austin Huffaker, Jr on 7/8/2020. (Furnished: Calendar & all CRDs)(am, ) (Entered: 07/08/2020)

RECAP
25 July 8, 2020

SECOND Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Army Sustainment, LLC; Corporate Disclosures due by 7/20/2020. (Attachments: # 1 Standing Order & Sample)(am, ) (Entered: 07/08/2020)

RECAP
26 July 9, 2020

Corporate/Conflict Disclosure Statement by Army Sustainment, LLC. (Morisani, Nicholas) (Additional attachment(s) added on 7/13/2020: # 1 Corrected Certificate of Service) (dmn, ). (Entered: 07/09/2020)

RECAP
27 Sept. 8, 2020

MOTION for Leave to File First Amended Answer & Affirmative Defenses & Counterclaim by Army Sustainment, LLC. (Attachments: # 1 Exhibit A - First Amended Answer and Affirmative Defenses and Counterclaim, # 2 Exhibit B - Email regarding EEOC opposition)(Morisani, Nicholas) Modified on 9/9/2020 to clarify text as reflected in pleading(am, ). (Entered: 09/08/2020)

RECAP
28 Sept. 9, 2020

TEXT ORDER: Plaintiff shall SHOW CAUSE on or by 9/22/2020 as to why Defendant's 27 Motion for Leave should not be granted. Signed by Honorable Judge R. Austin Huffaker, Jr on 9/9/2020. (NO PDF attached to this entry)(am, ) (Entered: 09/09/2020)

RECAP
Sept. 9, 2020

Order to Show Cause

29 Sept. 15, 2020

Joint MOTION for Extension of Time to file Joint Proposed Plan for Discovery Related to Production of ESI by Army Sustainment, LLC & Equal Employment Opportunity Commission. (Morisani, Nicholas) Modified on 9/15/2020 to add join filer (am, ). (Entered: 09/15/2020)

RECAP
30 Sept. 15, 2020

TEXT ORDER: The 29 Joint Motion for Extension of Time is GRANTED in part; The parties shall file their proposed plan for ESI discovery on or by 10/16/2020; The Motion is DENIED in all other respects. Signed by Honorable Judge R. Austin Huffaker, Jr on 9/15/2020. (NO PDF attached to this entry) (am, ) (Entered: 09/15/2020)

RECAP
Sept. 15, 2020

Order on Motion for Extension of Deadline

31 Sept. 22, 2020

NOTICE of Appearance by James Joseph DuBois on behalf of Equal Employment Opportunity Commission (DuBois, James) (Entered: 09/22/2020)

RECAP
32 Sept. 22, 2020

RESPONSE TO 28 ORDER TO SHOW CAUSE by Equal Employment Opportunity Commission. (DuBois, James) Modified on 9/22/2020 to add linkage(am, ). (Entered: 09/22/2020)

RECAP
33 Sept. 22, 2020

TEXT ORDER: There being no objection (see Doc. 32 ), the Defendant's Motion for Leave (Doc. 27 ) is GRANTED. The Defendant shall filed its First Amended Answer and Affirmative Defenses and Counterclaim on or by September 29, 2020. Signed by Honorable Judge R. Austin Huffaker, Jr on 9/22/2020. (dmn, ) (no pdf) (Entered: 09/22/2020)

RECAP
Sept. 22, 2020

Notice (Other)

Sept. 22, 2020

NOTICE of No Opposition re: 27 Motion for Leave to Amend by Equal Employment Opportunity Commission. (NO PDF - See doc 32 ) (am, )

Sept. 22, 2020

~Util - Set Deadlines AND Order

34 Sept. 29, 2020

AMENDED ANSWER to 1 Complaint,, COUNTERCLAIM against Equal Employment Opportunity Commission by Army Sustainment, LLC. (Attachments: # 1 Exhibit 1 - 4.7.20 EEOC Request re: Nolin, # 2 Exhibit 2 - 4.7.20 (II) EEOC Request re: Nolin, # 3 Exhibit 3 - 4.7.20 EEOC Request re: Simmons, # 4 Exhibit 4 - 4.7.20 (II) EEOC Request re: Simmons, # 5 Exhibit 5 - EEOC Denial, Nolin, # 6 Exhibit 6 - EEOC Denial, Simmons, # 7 Exhibit 7 - 7.27.20 Acknowledgement of Receipt of Appeals, # 8 Exhibit 8 - 7.30.20 Denial of Appeals, # 9 Exhibit 9 - 7.30.20 (II) Denial of Appeals)(Merritt, Latoya) (Entered: 09/29/2020)

RECAP
35 Oct. 15, 2020

Joint MOTION for Extension of Time to File Joint Proposed Plan for Discovery Related to Production of ESI by Army Sustainment, LLC & Equal Employment Opportunity Commission. (Merritt, Latoya) Modified on 10/16/2020 to add joint filer (am, ). (Entered: 10/15/2020)

RECAP
36 Oct. 16, 2020

TEXT ORDER: The parties' 35 Joint Motion for Extension of Time is GRANTED; The parties shall file their proposed ESI discovery plan on or by 10/30/2020. Signed by Honorable Judge R. Austin Huffaker, Jr on 10/16/2020. (NO PDF attached to this entry) (am, ) (Entered: 10/16/2020)

RECAP
Oct. 16, 2020

Order on Motion for Extension of Time to File

37 Oct. 26, 2020

NOTICE of Appearance by Samantha R. Miller on behalf of Equal Employment Opportunity Commission (Miller, Samantha) (Entered: 10/26/2020)

RECAP
38 Oct. 26, 2020

MOTION for an Extension by Equal Employment Opportunity Commission. (Miller, Samantha) Modified on 10/26/2020 to clarify text as reflected in pleading (am, ). (Entered: 10/26/2020)

RECAP
39 Oct. 26, 2020

TEXT ORDER: Plaintiff's 38 Motion for Extension is granted; Plaintiff shall file its response to the Counterclaim on or by 11/12/2020. Signed by Honorable Judge R. Austin Huffaker, Jr on 10/26/2020. (NO PDF attached to this entry) (am, ) (Entered: 10/26/2020)

RECAP
Oct. 26, 2020

Order on Motion for Extension of Time to File Response/Reply

40 Oct. 29, 2020

NOTICE of Appearance by Carl Chang on behalf of Equal Employment Opportunity Commission (Chang, Carl) (Entered: 10/29/2020)

RECAP
41 Oct. 30, 2020

Joint Proposed Stipulation & Order for Discovery Relating to ESI by Equal Employment Opportunity Commission. (Fischer, Kurt) (Main Document 41 replaced on 11/2/2020) (am, ). Modified on to correct main pdf document previously attached by e-filer & add joint filer 11/2/2020 (am, ). (Entered: 10/30/2020)

RECAP
43 Oct. 30, 2020

Motion for Admission of Matthew S. Panach Pro Hac Vice by Army Sustainment, LLC.(Filing fee $75.00 receipt number 4602060036.) (Attachments: # 1 State Certificate of Good Standing, # 2 Receipt, # 3 Text of Proposed Order)(am, ) (Additional attachment(s) added on 11/5/2020: # 4 USDC Certificate of Good Standing) (cwl, ). (Entered: 11/03/2020)

RECAP
44 Oct. 30, 2020

Motion for Admission of James Jeremy Tubb Pro Hac Vice by Army Sustainment, LLC. (Filing fee $75.00 receipt number 4602060035.) (Attachments: # 1 State Certificate of Good Standing, # 2 Receipt, # 3 Text of Proposed Order)(am, ) (Additional attachment(s) added on 11/5/2020: # 4 USDC Certificate of Good Standing) (cwl, ). (Entered: 11/04/2020)

RECAP
42 Nov. 2, 2020

NOTICE of Correction re 41 Joint Proposed Stipulation to correct main pdf document previously attached by e-filer. (Attachments: # 1 Corrected Main Document 41 )(am, ) (Entered: 11/02/2020)

RECAP
45 Nov. 9, 2020

Second MOTION for Extension of Time to File Answer by Equal Employment Opportunity Commission. (Miller, Samantha) (Entered: 11/09/2020)

RECAP
46 Nov. 9, 2020

TEXT ORDER: It be and is hereby ORDERED that the 43 Motion for Matthew S. Panach to Appear Pro Hac Vice be and is hereby GRANTED. Signed by Honorable Judge R. Austin Huffaker, Jr on 11/9/2020. (dmn, ) (no pdf) (Entered: 11/09/2020)

RECAP
47 Nov. 9, 2020

TEXT ORDER: It be and is hereby ORDERED that the Motion (Doc. 44 ) for James Jeremy Tubb to Appear Pro Hac Vice be and is hereby GRANTED. Signed by Honorable Judge R. Austin Huffaker, Jr on 11/9/2020. (dmn, ) (no pdf) (Entered: 11/09/2020)

RECAP
Nov. 9, 2020

Order on Motion for Leave to Appear Pro Hac Vice

48 Nov. 10, 2020

TEXT ORDER: Plaintiff's 45 unopposed Second Motion for an Extension is GRANTED; Plaintiff shall file a response to the Counterclaim on or by 12/12/2020. Signed by Honorable Judge R. Austin Huffaker, Jr on 11/10/2020. (NO PDF attached to this entry) (am, ) (Entered: 11/10/2020)

RECAP
49 Dec. 8, 2020

Third MOTION for Extension of Time to File Answer by Equal Employment Opportunity Commission. (Miller, Samantha) (Entered: 12/08/2020)

RECAP
50 Dec. 9, 2020

TEXT ORDER: Plaintiff's 49 unopposed Motion for Extension is GRANTED. Plaintiff shall file its response to the counterclaim on or by 1/12/2021. Signed by Honorable Judge R. Austin Huffaker, Jr on 12/9/2020. (No pdf attached to this entry) (wcl, ) (Entered: 12/09/2020)

RECAP
Dec. 9, 2020

Order on Motion for Extension of Time to Answer

51 Jan. 11, 2021

Fourth MOTION for Extension of Time to File Answer by Equal Employment Opportunity Commission. (Miller, Samantha) (Entered: 01/11/2021)

RECAP
52 Jan. 11, 2021

ORDER granting 51 Fourth Motion for an Extension from 1/12/2021, to 2/1/2021 to file its response to Dft's 34 First Amended Answer and Affirmative Defenses and Counterclaim; The Court additionally reminds the parties of the Middle District's Voluntary Mediation Program, as further set out in order. Signed by Honorable Judge R. Austin Huffaker, Jr on 1/11/2021. (wcl, ) (Entered: 01/11/2021)

RECAP
53 Feb. 1, 2021

ANSWER to 34 Counterclaim, by Equal Employment Opportunity Commission.(Miller, Samantha) Modified on 2/1/2021 to clarify the docket text (wcl, ). (Entered: 02/01/2021)

RECAP
54 Feb. 15, 2021

Joint MOTION for Extension of Remaining Deadlines by Equal Employment Opportunity Commission, Army Sustainment, LLC. (Oppenheim, Harriett) Modified on 2/16/2021 to add as also filed on behalf of def & to clarify text (cwl, ). (Entered: 02/15/2021)

RECAP
55 Feb. 17, 2021

AMENDED SCHEDULING ORDER: Granting 54 Joint Motion to Extend Remaining Deadlines; Final Pretrial Conference set before Honorable Judge R. Austin Huffaker Jr., for 1/20/2022 at 3:00 PM in CR 2D, the FMJ U.S. Courthouse, Montgomery, AL; Proposed Pretrial Order due by 1/13/2022; Jury Trial set before Honorable Judge R. Austin Huffaker Jr. for 3/14/2022 at 10:00 AM in Dothan, AL; Discovery due by 8/23/2021; dispositive & daubert Motions due by 9/22/2021; Mediation Notice due by 8/28/2021, as further set out in oder. In all other respects, the Uniform Scheduling Order, (Doc. 24 ), shall continue to govern the parties in this action. Signed by Honorable Judge R. Austin Huffaker, Jr on 2/17/2021. (furn: DH, calendar) (term: PTC 10/14/2021; JT 12/06/2021)(cwl, ) (Entered: 02/17/2021)

RECAP
56 March 2, 2021

Objection to Plaintiff's Expert Witness Disclosure filed by Army Sustainment, LLC. (Tubb, James) (Entered: 03/02/2021)

RECAP
57 May 10, 2021

Agreed MOTION to Extend Defendant's Expert Report Deadline by Army Sustainment, LLC. (Tubb, James) (Entered: 05/10/2021)

RECAP
58 May 11, 2021

TEXT ORDER: Defendant's Agreed Motion to Extend (Doc. 57 ) is granted. The deadline for the Defendant to disclose experts is extended from May 17, 2021 to June 16, 2021. Signed by Honorable Judge R. Austin Huffaker, Jr on 5/11/2021. (No pdf attached to this entry) (cwl, ) (Entered: 05/11/2021)

RECAP
May 11, 2021

Order on Motion for Extension of Deadline

59 May 20, 2021

MOTION for LaToya C. Merritt to Withdraw as Attorney by Army Sustainment, LLC. (Merritt, Latoya) Modified on 5/20/2021 to add attorney name (cwl, ). (Entered: 05/20/2021)

RECAP
60 May 20, 2021

MOTION for Nicholas F. Morisani to Withdraw as Attorney by Army Sustainment, LLC. (Morisani, Nicholas) Modified on 5/20/2021 to add attorney name (cwl, ). (Entered: 05/20/2021)

RECAP
61 May 20, 2021

MOTION for Maria Nan Alessandra to Withdraw as Attorney by Army Sustainment, LLC. (Alessandra, Maria) Modified on 5/20/2021 to add attorney name (cwl, ). (Entered: 05/20/2021)

RECAP
62 May 25, 2021

MOTION to Quash Subpoena, MOTION to Modify Subpoena, MOTION for Protective Order by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A - Notice of Deposition of Dr. Yarborough, # 2 Exhibit B - EEOC's Request to Modify Subpoena, # 3 Exhibit C - Letter to EEOC re Yarborough Deposition, # 4 Exhibit D - State of Maryland Executive Order 5-12-21)(Oppenheim, Harriett) (Entered: 05/25/2021)

RECAP
63 May 26, 2021

Objection to re 62 MOTION to Quash Subpoena MOTION to Modify Subpoena MOTION for Protective Order filed by Army Sustainment, LLC. (Tubb, James) (Entered: 05/26/2021)

RECAP
May 26, 2021

BRIEF/MEMORANDUM in Support

May 26, 2021

BRIEF in Support re 63 Objection filed by Army Sustainment, LLC. (NO pdf attached to this entry - see doc 63 for pdf) (cwl, )

64 May 27, 2021

TEXT ORDER: granting 61 Motion for Maria Nan Alessandra to Withdraw as Attorney. Signed by Honorable Judge R. Austin Huffaker, Jr on 5/27/2021. (No pdf attached to this entry) (cwl, ) (Entered: 05/27/2021)

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65 May 27, 2021

TEXT ORDER: granting 60 Motion for Nicholas F. Morisani to Withdraw as Attorney. Signed by Honorable Judge R. Austin Huffaker, Jr on 5/27/2021. (No pdf attached to this entry) (cwl, ) (Entered: 05/27/2021)

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66 May 27, 2021

TEXT ORDER: granting 59 Motion for LaToya C. Merritt to Withdraw as Attorney. Signed by Honorable Judge R. Austin Huffaker, Jr on 5/27/2021. (NO pdf attached to this entry) (cwl, ) (Entered: 05/27/2021)

RECAP
May 27, 2021

*** PURSUANT TO THE COURT'S 64 TEXT ORDER - Attorney Maria Nan Alessandra terminated. (No pdf attached to this entry) (cwl, )

May 27, 2021

Add and Terminate Attorneys

May 27, 2021

***PURSUANT TO THE 65 TEXT ORDER - Attorney Nicholas Francis Morisani terminated. (NO pdf attached to this entry) (cwl, )

May 27, 2021

***PURSUANT TO THE COURT'S 66 TEXT ORDER - Attorney Latoya Merritt terminated. (NO pdf attached to this entry) (cwl, )

May 27, 2021

Order on Motion to Withdraw as Attorney

67 June 3, 2021

ORDER: it is ORDERED as follows: (1) Plf's counsel is DIRECTED to contact defs' counsel on or before Friday, 6/4/2021, and the parties shall confer by telephone or videoconference, or in person (if that can be done safely), in a good faith effort to resolve or narrow their points of dispute without the need for court involvement. (2) Should the parties be unable to resolve this dispute in its entirety, they shall file a joint written notice by noon on Monday, 6/7/2021, which sets out the issues remaining for resolution and the parties' respective positions on those issues. The issues should be explained clearly, with supporting authority. (3) Alternatively, if the parties resolve the disputes in their entirety, they shall file a joint written notice to that effect by noon on Monday, 6/7/2021, as further set out in order. Signed by Honorable Judge Susan Russ Walker on 6/3/2021. (cwl, ) (Entered: 06/03/2021)

RECAP
68 June 4, 2021

Joint NOTICE of Motion to Quash Subpoena, Motion to Modify Subpoena, and Motion for Protective Order as Moot by Equal Employment Opportunity Commission, Army Sustainment, LLC (Oppenheim, Harriett) Modified on 6/7/2021 to clarify text & add joint filer (cwl, ). (Entered: 06/04/2021)

RECAP
69 June 9, 2021

ORDER: it is ORDERED that the motion to quash and modify subpoena and motion for protective order (Doc. 62 ) is DENIED as MOOT. Signed by Honorable Judge Susan Russ Walker on 6/9/2021. (cwl, ) (Entered: 06/09/2021)

RECAP
70 June 17, 2021

Joint MOTION for Protective Order by Equal Employment Opportunity Commission, Army Sustainment, LLC. (Attachments: # 1 1 - Proposed Protective Order)(Oppenheim, Harriett) Modified on 6/17/2021 to add joint filer (cwl, ). (Entered: 06/17/2021)

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71 June 22, 2021

PROTECTIVE ORDER: it is ORDERED that the joint motion for entry of a protective order (Doc. 70 ) is GRANTED, as further set out in order. Signed by Honorable Judge Susan Russ Walker on 6/22/2021. (cwl, ) (Entered: 06/22/2021)

RECAP
72 July 7, 2021

MOTION to Extend Discovery and Related Deadlines (Unopposed) by Equal Employment Opportunity Commission. (Oppenheim, Harriett) Modified on 7/8/2021 correct mtn event & clarify text (cwl, ). (Entered: 07/07/2021)

RECAP
73 July 8, 2021

SECOND AMENDED SCHEDULING ORDER:, it is ORDERED that the Motion (Doc. 72 ) is GRANTED. Accordingly, the Amended Scheduling Order (Doc. 55 ) is further AMENDED as follows: Final Pretrial Conference set before Honorable Judge R. Austin Huffaker Jr., for 5/5/2022 at 3:00 PM in Courtroom 2D, the FMJ, Jr. U.S. Courthouse, Montgomery, AL; Proposed Pretrial Order due by 4/28/2022; jury selection and trial during the term of court commencing on 6/27/2022, at 10:00 a.m. in DOTHAN, AL; Discovery due by 10/8/2021; dispositive & daubert Motions due by 11/8/2021; Mediation Notice due by 9/15/2021, as further set out in order. In all other respects, the Amended Scheduling Order (Doc. 55 ) and Uniform Scheduling Order (Doc. 24 ) shall continue to govern the parties in this action. Signed by Honorable Judge R. Austin Huffaker, Jr on 7/8/2021. (furn calendar, dh) (term: PTC 1/20/2022; JT 3/14/2022) (cwl, ) (Entered: 07/08/2021)

RECAP
74 July 30, 2021

MOTION to Compel Damages Calculations and Verified Interrogatory Responses by Army Sustainment, LLC. (Attachments: # 1 Exhibit 1 - Dr. Charles Yarborough Deposition Transcript Excerpts, # 2 Exhibit 2 - EEOC-Initial Disclosures, # 3 Exhibit 3 - 2021-02-11 AFS Rule 26 Supplementation Request to EEOC, # 4 Exhibit 4 - 2021-03-11 EEOC's Responses and Objections to Def's First Set of Interrogatories, # 5 Exhibit 5 - 2021-04-26 LF EEOC-Resp Def's 04-05-21 LT, # 6 Exhibit 6 - 2021-06-11 EEOC's Supplemental Responses to Def's First Interrogatories, # 7 Exhibit 7 - Verifications)(Tubb, James) Modified on 8/2/2021 (amf, ). (Entered: 07/30/2021)

RECAP
75 Aug. 13, 2021

RESPONSE in Opposition re 74 MOTION to Compel Damages Calculations and Verified Interrogatory Responses filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Chang, Carl) (Entered: 08/13/2021)

RECAP
76 Aug. 17, 2021

ORDER re 74 MOTION to Compel Damages Calculations and Verified Interrogatory Responses; it is ORDERED as follows: (1) Plf's counsel is DIRECTED to contact dfts' counsel on or before Monday, 8/23/2021, and the parties shall confer by telephone or videoconference, or in person (if that can be done safely), in a good faith effort to resolve or narrow their points of dispute without the need for court involvement; (2) Should the parties be unable to resolve this dispute in its entirety, they shall file a joint written notice by noon on Wednesday, 8/25/2021, which sets out the issues remaining for resolution and the parties' respective positions on those issues. The issues should be explained clearly, with supporting authority; (3) Alternatively, if the parties resolve the disputes in their entirety, they shall file a joint written notice to that effect by noon on Wednesday, 8/25/2021, as further set out in order. Signed by Honorable Judge Susan Russ Walker on 8/17/2021. (wcl, ) (Entered: 08/17/2021)

RECAP

Case Details

State / Territory:

Alabama

Case Type(s):

Equal Employment

Disability Rights

Key Dates

Filing Date: April 6, 2020

Closing Date: Feb. 28, 2024

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The U.S. Equal Employment Opportunity Commission, on behalf of seventeen employees of Army Sustainment, LLC, who worked in safety-sensitive positions and took certain prescription medications.

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

Private Entity/Person

Army Sustainment, LLC

Case Details

Causes of Action:

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

Other Dockets:

Middle District of Alabama 1:20-cv-00234

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

Disability and Disability Rights:

Disability, unspecified

Mental Illness, Unspecified

Mobility impairment

Opioid disorder/medication

Reasonable Accommodations

Discrimination Area:

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

Discrimination Basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits

Recommended Citation