Case: EEOC v. Tucker Plumbing

2:03-cv-01903 | U.S. District Court for the District of Arizona

Filed Date: Sept. 29, 2003

Closed Date: Jan. 7, 2007

Clearinghouse coding complete

Case Summary

The Phoenix office of the EEOC brought this ADA suit against Tucker Plumbing Inc, which provides plumbing installation services, in September 2003 in the U.S. District Court for the District of Arizona. The complaint alleged that the defendant discriminated against the claimant because of a disability. More specifically, the defendant discharged the claimant, a diabetic, from his position as a plumbing supervisor after he received a prosthetic leg. The claimant still possessed the ability to d…

The Phoenix office of the EEOC brought this ADA suit against Tucker Plumbing Inc, which provides plumbing installation services, in September 2003 in the U.S. District Court for the District of Arizona. The complaint alleged that the defendant discriminated against the claimant because of a disability. More specifically, the defendant discharged the claimant, a diabetic, from his position as a plumbing supervisor after he received a prosthetic leg. The claimant still possessed the ability to do the essential functions of his job. The claimant intervened in the EEOC's suit in January 2004 and the parties reached a settlement in November 2004 after a settlement conference with a magistrate judge.

The three-year consent decree required the defendant to pay the claimant $112,500 in compensatory damages, expunge from the claimant's record, get yearly training on disability discrimination, and pay a $50 penalty for every day of non-compliance. Other requirements of the consent decree and details of the complaint are unknown because the docket and EEOC Litigation Settlement Report are the only documents available. The decree was entered in 2004 and scheduled to last 2007. No further docket entries exist, so the case is presumably closed.

Summary Authors

Kevin Wilemon (11/26/2018)

People


Judge(s)

Duncan, David K. (Arizona)

Judge(s)

Duncan, David K. (Arizona)

Documents in the Clearinghouse

Document

2:03-cv-01903

Docket

Jan. 7, 2005

Jan. 7, 2005

Docket

2:03-cv-01903

EEOC Litigation Settlement Report (November 2004)

No Court

Nov. 30, 2004

Nov. 30, 2004

Press Release

Resources

Docket

Last updated July 22, 2022, 3:13 a.m.

ECF Number Description Date Link Date / Link
2

RETURN OF SERVICE EXECUTED summons/complaint upon dft Tucker Plumbing Inc by service upon Pauly Mousel, Office Manager, in Phoenix, AZ on 10/2/03 (LAD) (Entered: 10/08/2003)

Oct. 7, 2003

Oct. 7, 2003

3

CORPORATE DISCLOSURE STATEMENT by dft Tucker Plumbing Inc (LAD) (Entered: 10/22/2003)

Oct. 20, 2003

Oct. 20, 2003

4

ANSWER to complaint [1-1] by dft Tucker Plumbing Inc (LAD) (Entered: 10/22/2003)

Oct. 20, 2003

Oct. 20, 2003

5

ORDER by Judge Mary H. Murguia scheduling conf set for 4:30 1/12/04 ; counsel who will be responsible for trial shall personally appear and participate in the scheduling conference if they office in Maricopa County; FURTHER ORDRED that the Clerk of Court send copies of this order to all counsel of record and to all parties if any appearing in propria persona (cc: all counsel) (LAD) (Entered: 10/24/2003)

Oct. 24, 2003

Oct. 24, 2003

6

MOTION to intervene as intervening pla by Roger Bittner [6-1] (UNSIGNED proposed complaint attached) (LAD) Modified on 10/29/2003 (Entered: 10/29/2003)

Oct. 24, 2003

Oct. 24, 2003

7

RESPONSE by dft to motion to intervene as intervening pla by Roger Bittner [6-1] (UNSIGNED proposed complaint attached) (DMT) (Entered: 11/07/2003)

Nov. 6, 2003

Nov. 6, 2003

8

REPLY by intervenor-plaintiff Roger Bittner to response to motion to intervene as intervening pla by Roger Bittner [6-1] (UNSIGNED proposed complaint attached) (DMT) (Entered: 11/21/2003)

Nov. 17, 2003

Nov. 17, 2003

9

JOINT PROPOSED CASE MGT PLAN/REPORT: discovery cutoff 10/8/04; dispositive motions filing ddl is 11/30/04 (LAD) (Entered: 01/07/2004)

Dec. 30, 2003

Dec. 30, 2003

10

NUMBER NOT USED (LAD) Modified on 02/25/2004 (Entered: 01/09/2004)

Jan. 5, 2004

Jan. 5, 2004

11

MINUTE ORDER prel scheduling conf set for 1/12/04 is vacated and reset to 4:00 p.m.,1/27/04 (cc: all counsel) [11] (former emp) (Entered: 01/12/2004)

Jan. 12, 2004

Jan. 12, 2004

12

NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by dft Tucker Plumbing Inc (LAD) (Entered: 01/16/2004)

Jan. 14, 2004

Jan. 14, 2004

13

NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by pla EEOC (LAD) (Entered: 01/21/2004)

Jan. 16, 2004

Jan. 16, 2004

14

MINUTE ENTRY before Judge Mary H. Murguia . Crt Rptr: Merilyn Sanchez. Present: Katherine Kruse for pla; Darla Smith and Charles CHester for dft; Phillip Austin for intpla. ORDERED granting motion to intervene as intervening pla by Roger Bittner [6]; intpla to file and serve complaint in 20 days; dft to answer or otherwise respond in 20 days. Prel scheduling conf held; court approves case mgmt plan; pla counsel to submit order. ORDERED setting status hearing re settlement status for 3:30 p.m., 8/16/04 [cc: all cnsl] [14] (former emp) (Entered: 01/28/2004)

Jan. 27, 2004

Jan. 27, 2004

15

INTERVENING PLA'S COMPLAINT FILED (LAD) (Entered: 01/29/2004)

Jan. 28, 2004

Jan. 28, 2004

15

DEMAND for jury trial by intervenor-plaintiff Roger Bittner (LAD) (Entered: 01/29/2004)

Jan. 28, 2004

Jan. 28, 2004

16

AMENDED INTERVENING COMPLAINT by intervening pla Roger A Bittner; jury demand (LAD) (Entered: 02/04/2004)

Jan. 30, 2004

Jan. 30, 2004

17

NOTICE by pla EEOC of lodging proposed scheduling order (LAD) (Entered: 02/04/2004)

Jan. 30, 2004

Jan. 30, 2004

18

NOTICE of service of discovery by pla EEOC (LAD) (Entered: 02/04/2004)

Feb. 2, 2004

Feb. 2, 2004

19

ORDER by Judge Mary H. Murguia granting motion to intervene as intervening pla by Roger Bittner [6-1] (UNSIGNED proposed complaint attached); FURTHER ORDERED intervening pla Roger A Bittner shall file and serve his complaint in intervention within 20 days of the Court's ruling on 1/27/04; FURTHER ORDERED that dft shall answer or otherwise respond within 20 days of the service of the complaint in intervention (cc: all counsel) (LAD) (Entered: 02/04/2004)

Feb. 4, 2004

Feb. 4, 2004

20

SCHEDULING ORDER by Judge Mary H. Murguia ; discovery due 10/8/04 ; dispositive motions due 11/30/04 (cc: all counsel) re: order (scheduling) [20-1] (LAD) (Entered: 02/04/2004)

Feb. 4, 2004

Feb. 4, 2004

21

NOTICE by dft Tucker Plumbing Inc OF TAKING DEPO OF Custodian of Records, Social Security Administration, on the following date(s): 2/23/04 at 1 pm (LAD) (Entered: 02/09/2004)

Feb. 4, 2004

Feb. 4, 2004

22

NOTICE of Service of Initial Disclosure Statement pursuant to FRCivP 26(a) by intervenor-plaintiff Roger A Bittner (SAT) (Entered: 02/11/2004)

Feb. 9, 2004

Feb. 9, 2004

23

ANSWER to Amended Intervening Plaintiff's Complaint [16-1] by dft Tucker Plumbing Inc (SAT) (Entered: 02/20/2004)

Feb. 13, 2004

Feb. 13, 2004

24

NOTICE of service of discovery by pla EEOC (LAD) (Entered: 03/12/2004)

March 11, 2004

March 11, 2004

25

STIPULATION to extend dft's deadline to respond to pla EEOC's 1st request for production of documents (until 4/26/04) by pla EEOC, dft Tucker Plumbing Inc (LAD) (Entered: 03/30/2004)

March 29, 2004

March 29, 2004

26

ORDER by Judge Mary H. Murguia granting stipulation to extend dft's deadline to respond to pla EEOC's 1st request for production of documents (until 4/26/04) by pla EEOC, dft Tucker Plumbing Inc (cc: all counsel) (LAD) (Entered: 04/02/2004)

April 2, 2004

April 2, 2004

27

NOTICE of service of discovery by dft Tucker Plumbing Inc (LAD) (Entered: 04/26/2004)

April 22, 2004

April 22, 2004

29

NOTICE of service of discovery by pla EEOC (LAD) (Entered: 05/24/2004)

May 21, 2004

May 21, 2004

30

STIPULATION to extend deadline to respond to dft's discovery requests (to 6/11/04) by pla EEOC, dft Tucker Plumbing Inc, intervenor-plaintiff Roger A Bittner (no proposed documents) and STIPULATION to extend status hearing date (to 9/13/04) by pla EEOC, dft Tucker Plumbing Inc, intervenor-plaintiff Roger A Bittner (LAD) (Entered: 06/07/2004)

June 4, 2004

June 4, 2004

31

NOTICE of service of discovery by intervenor-plaintiff Roger A Bittner (LAD) (Entered: 06/17/2004)

June 16, 2004

June 16, 2004

32

NOTICE of service of discovery by intervenor-plaintiff Roger A Bittner (LAD) (Entered: 06/17/2004)

June 16, 2004

June 16, 2004

33

NOTICE of service of discovery by pla EEOC (LAD) (Entered: 06/17/2004)

June 16, 2004

June 16, 2004

34

ORDER by Judge Mary H. Murguia granting stipulation to extend deadline to respond to dft's discovery requests (to 6/11/04) by pla EEOC, dft Tucker Plumbing Inc, intervenor-plaintiff Roger A Bittner (no proposed documents), granting stipulation to extend status hearing date (to 9/13/04) by pla EEOC, dft Tucker Plumbing Inc, intervenor-plaintiff Roger A Bittner status hearing reset for 3:00 9/13/04 (cc: all counsel) (LAD) (Entered: 06/18/2004)

June 18, 2004

June 18, 2004

35

STIPULATION to extend dft's deadline to respond to 1st set of interrogatories and 2nd request for production of documents by pla EEOC, dft Tucker Plumbing Inc (LAD) (Entered: 06/24/2004)

June 22, 2004

June 22, 2004

36

ORDER by Judge Mary H. Murguia granting stipulation to extend dft's deadline to respond to 1st set of interrogatories and 2nd request for production of documents by pla EEOC, dft Tucker Plumbing Inc; the deadline is extended through and including 7/1/04 (cc: all counsel) (LAD) (Entered: 06/25/2004)

June 25, 2004

June 25, 2004

37

NOTICE of service of discovery by pla EEOC (LAD) (Entered: 06/29/2004)

June 28, 2004

June 28, 2004

38

NOTICE of service of discovery by dft Tucker Plumbing Inc (LAD) (Entered: 07/02/2004)

July 1, 2004

July 1, 2004

39

NOTICE of service of discovery by dft Tucker Plumbing Inc . (LAD) (Entered: 07/08/2004)

July 7, 2004

July 7, 2004

40

STIPULATION to extend deadlines (re expert witnesses, reports, discovery and dispositive motions) by pla EEOC, dft Tucker Plumbing Inc, intervenor-plaintiff Roger A Bittner (LAD) (Entered: 07/12/2004)

July 9, 2004

July 9, 2004

41

ATTORNEY SUBSTITUTION: terminating attorney Darla J Smith for Tucker Plumbing Inc, attorney Darla J Smith for Tucker Plumbing Inc; Carolann E Cervetti and Andrea G Lisenbee will be continuing in representation (LAD) (Entered: 07/16/2004)

July 15, 2004

July 15, 2004

42

NOTICE of service of discovery by dft Tucker Plumbing Inc (LAD) (Entered: 07/20/2004)

July 19, 2004

July 19, 2004

43

MINUTE ORDER Pursuant to request of parties, status hearing set for 9/13/04 is vacated. (cc: all counsel) [43] (former emp) (Entered: 07/30/2004)

July 30, 2004

July 30, 2004

44

SCHEDULING ORDER by Judge Mary H. Murguia; discovery reset to 12/3/04; dispositive motions reset to 1/14/05; deadline for stip to extend deadlines for pla and pla intervensor to disclose expert witnesses and reports no later than 9/3/04; FURTHER ORDERED that the deadline for dft to disclose its expert witnesses and reports no later than 10/1/04, that rebuttal experts be disclosed no later than 11/5/04; granting stipulation to extend deadlines (re expert witnesses, reports, discovery and dispositive motions) by pla EEOC, Tucker Plumbing Inc, intervenor-plaintiff Roger A Bittner (cc: all counsel) (LAD) (Entered: 07/30/2004)

July 30, 2004

July 30, 2004

45

MINUTE ORDER IT IS ORDERED referring this matter to a Magistrate Judge for the purpose of a settlement conference. The Clerk by random lot draws and assigns this case to Mag/Judge David K. Duncan; that court to set date and time of conference. (cc: all counsel) [45] re: order (minute) [45-1] (former emp) (Entered: 08/23/2004)

Aug. 23, 2004

Aug. 23, 2004

46

NOTICE of service of discovery by dft Tucker Plumbing Inc . (LAD) (Entered: 09/01/2004)

Aug. 30, 2004

Aug. 30, 2004

47

STIPULATION to extend deadlines by pla EEOC, dft Tucker Plumbing Inc, intervenor-plaintiff Roger A Bittner (LAD) (Entered: 09/09/2004)

Sept. 3, 2004

Sept. 3, 2004

48

SCHEDULING ORDER by Judge Mary H. Murguia; discovery ddl reset to 2/4/05; dispositive motions ddl reset to 3/4/05 granting stipulation to extend deadlines by pla EEOC, dft Tucker Plumbing Inc, intervenor- plaintiff Roger A Bittner (cc: all counsel) (LAD) (Entered: 09/09/2004)

Sept. 9, 2004

Sept. 9, 2004

49

ORDER by Magistrate Judge David K. Duncan settlement conference set for 9:00 11/3/04 , before Magistrate Judge David K. Duncan ; the parties shall exchange written correspondence regarding settlement; pla's demand shall be delivered to defense counsel, the insurers' and corporate representatives not less than 30 days before the settlement conference memoranda are due; dfts' responses to the demand shall be delivered to pla's counsel not less than 14 days before the settlement conference memoranda are due; all settlement conference memoranda are to be exchanged between counsel no later than 5 business days prior to the settlement conference; each party shall provide the Court with that party's settlement conference memorandum at least 5 business days before the settlement conference; the settlement conference memoranda shall NOT be filed with the Clerk; if the settlement conference is held, the Court will assume that the parties have agreed to separate meetings (caucuses) with the settlement judge; objection is filed not less than 3 business days before the settlement conference; counsel and any party, if unrepresented by counsel, shall notify the Court in writing at least 10 business days before the settlement conference if an attorney or unrepresented party believes that the settlement conference would be a futile act (cc: all counsel/MHM) (LAD) (Entered: 09/13/2004)

Sept. 13, 2004

Sept. 13, 2004

50

MINUTE ENTRY before Magistrate Judge David K. Duncan settlement conference held ; final settlement agreement to be prepared by parties and all parties agree to be bound by the terms of the agreement as indicated on the record; consent decree to be submitted to Judge Murguia within 1 week from today's date [50-2] (LAD) (Entered: 11/04/2004)

Nov. 3, 2004

Nov. 3, 2004

51

NOTICE of service of discovery by pla EEOC . (LAD) (Entered: 11/04/2004)

Nov. 3, 2004

Nov. 3, 2004

52

JOINT MOTION for entry of consent decree by pla EEOC, dft Tucker Plumbing Inc, intervenor-plaintiff Roger A Bittner [52-1] (LAD) (Entered: 11/16/2004)

Nov. 10, 2004

Nov. 10, 2004

53

CONSENT JUDGMENT by Judge Mary H. Murguia : granting motion for entry of consent decree by pla EEOC, dft Tucker Plumbing Inc, intervenor-plaintiff Roger A Bittner [52-1] to dismiss case ; judgment is entered in favor of the Commission for the agreed settlement amount of $112,500; within 20 days of the effective date of this decree (ie the date it is filed by the Court), the company shall expunge from the personnel file of Mr Bittner all documents containing any reference to the charge of discrimination filed by Mr Bittner against the company; once a year for 3 yrs from the effective date of this decree, the company shall retain a trainer sho shall train all company employees including managers, officers and directors, on disabililty discrimination and retaliation; each party shall bear its own costs and attorneys' fees incurred as a result of this action through the filing of this decree; absent extension, this decree shall expire by its own terms at the end of the 36 mo after its entry without further notice by the parties (cc: all counsel/jgm drawer) (LAD) (Entered: 11/29/2004)

Nov. 29, 2004

Nov. 29, 2004

54

STIPULATION For Dismissal With Prejudice by pla EEOC, and dft Tucker Plumbing Inc (KMG) (Entered: 01/06/2005)

Dec. 30, 2004

Dec. 30, 2004

55

ORDER by Judge Mary H. Murguia granting stipulation For Dismissal With Prejudice by pla EEOC, and dft Tucker Plumbing Inc, each party to bear his or its own costs and attorney's fees (cc: all counsel/order book) (LAD) (Entered: 01/07/2005)

Jan. 7, 2005

Jan. 7, 2005

Case Details

State / Territory: Arizona

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 29, 2003

Closing Date: Jan. 7, 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Private Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Tucker Plumbing Inc., Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 112500

Order Duration: 2004 - 2007

Content of Injunction:

Expungement of Employment Record

Provide antidiscrimination training

Discrimination Prohibition

Retaliation Prohibition

Issues

General:

Disparate Treatment

Discrimination-area:

Accommodation / Leave

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit