Case: EEOC v. TEMCOR, INC.

2:01-cv-08351 | U.S. District Court for the Central District of California

Filed Date: Sept. 27, 2001

Closed Date: June 11, 2002

Clearinghouse coding complete

Case Summary

In September 2001, the EEOC's Los Angeles District Office filed this suit against Temcor, Inc. in the U.S. District Court for the Central District of California alleging discrimination in violation of the Americans with Disabilities Act (ADA). Specifically, the defendant forced the charging party, a deaf employee, to undergo invasive surgery for a cochlear implant in order to retain his job. There were complications, and the implant later had to be removed. After the implant's removal, the d…

In September 2001, the EEOC's Los Angeles District Office filed this suit against Temcor, Inc. in the U.S. District Court for the Central District of California alleging discrimination in violation of the Americans with Disabilities Act (ADA). Specifically, the defendant forced the charging party, a deaf employee, to undergo invasive surgery for a cochlear implant in order to retain his job. There were complications, and the implant later had to be removed. After the implant's removal, the defendant refused to reasonably accommodate the charging party's disability and terminated him. After a couple of settlement conferences, the parties settled the case in June 2002 through a consent decree.

The three-year decree, containing a non-discrimination clause, required the defendant to: designate its President as its EEO Consultant to monitor compliance with the ADA, develop an anti-discrimination policy, create complaint and reasonable accommodation procedures, provide annual ADA training, and report to the EEOC at specified intervals. In addition, the defendant agreed to pay the charging party $135,000.

Summary Authors

Michele Marxkors (6/8/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/11470425/parties/us-eeoc-v-temcor-inc/


Judge(s)

Byrne, William Matthew (California)

Attorney for Plaintiff
Attorney for Defendant

Golper, John B (California)

Hane, Raymond E (California)

Horton, E Lee (California)

Expert/Monitor/Master/Other

Estuar, Paul J (California)

Documents in the Clearinghouse

Documents in this case

2:01-cv-08351

Docket

EEOC v. Temcor, Inc.

March 7, 2003

March 7, 2003

Docket
8

2:01-cv-08351

Complaint in Intervention

EEOC v. Temcor, Inc.

Dec. 12, 2001

Dec. 12, 2001

Complaint
26

2:01-cv-08351

Consent Decree

EEOC v. Temcor, Inc.

June 11, 2002

June 11, 2002

Settlement Agreement

2:01-cv-08351

EEOC Annual Report 2002

EEOC v. Temcor, Inc.

No Court

Sept. 30, 2002

Sept. 30, 2002

Press Release

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/11470425/us-eeoc-v-temcor-inc/

Last updated Nov. 3, 2026, 5:25 p.m.

Docket for: US EEOC v. Temcor Inc
ECF Number Date Description Link
1 Sept. 27, 2001

COMPLAINT filed Summons(es) issued referred to Discovery Robert N. Block (jag) (Entered: 10/01/2001)

RECAP
2 Sept. 27, 2001

CERTIFICATION OF INTERESTED PARTIES filed by plaintiff US EEOC (jag) (Entered: 10/01/2001)

RECAP
3 Oct. 24, 2001

WAIVER OF SERVICE of SUMMONS by defendant Temcor Inc sent by plf on 10/3/01 signed by dfts atty John B. Golper on 10/23/01 (twdb) (Entered: 10/25/2001)

RECAP
4 Oct. 29, 2001

WAIVER OF SERVICE of SUMMONS by defendant Temcor Inc sent by plf on 10/3/01 signed by atty for Temcor Inc John B. Golper on 10/23/01. (twdb) (Entered: 10/31/2001)

RECAP
5 Dec. 4, 2001

CERTIFICATION OF INTERESTED PARTIES filed by defendant Temcor Inc (yc) (Entered: 12/06/2001)

RECAP
6 Dec. 4, 2001

ANSWER filed by defendant Temcor Inc to complaint [1-1] (yc) (Entered: 12/06/2001)

RECAP
7 Dec. 12, 2001

STIPULATION TO FILE complaint as plf/intervenor & order by Judge Wm. M. Byrne It is hereby stipulate & agree that the intervening plf Fred Robison may file a complaint in intervention by Judge Mathew Byrne (SEND) (nhac) (Entered: 12/13/2001)

RECAP
8 Dec. 12, 2001

COMPLAINT IN INTERVENTION by intervenor Fred Robison; Demand for trial by jury (SEND) (nhac) (Entered: 12/13/2001)

RECAP
11 Jan. 10, 2002

JOINT REPORT AND PROP DISCOVERY PLAN filed; est length of trial 10 days (yc) (Entered: 01/16/2002)

RECAP
9 Jan. 11, 2002

ORDER by Judge Wm. M. Byrne ; Final Pretrial Conference set for 10:00 6/3/02 ;trial set on 9:00 6/11/02 (yc) (Entered: 01/16/2002)

RECAP
10 Jan. 11, 2002

MINUTES: by Judge Wm M Byrne ; telephone conference set on 12:00 2/13/02 CR: NOt Present (yc) (Entered: 01/16/2002)

RECAP
12 Feb. 8, 2002

MINUTES: The crt on its own mot rescheds telephone conf call ; telephone conference reset on 2:00 2/12/02 by Judge Wm. M. Byrne CR: n/a (twdb) (Entered: 02/11/2002)

RECAP
13 Feb. 12, 2002

MINUTES: The crt of its own mot resched the conf call ; Telephone conference set on 11:30 2/15/02 by Judge Wm. M. Byrne CR: n/a (twdb) (Entered: 02/13/2002)

RECAP
14 Feb. 15, 2002

MINUTES: (IN CHAMBERS)by Wm M. Byrne ; telephone conference set on 11:00 2/21/02 CR: Not Present (yc) (Entered: 02/19/2002)

RECAP
15 Feb. 19, 2002

APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case filed for defendant Temcor Inc by Thomas H Lee. Designating E Lee Horton as local counsel. Approved by Judge Wm. M. Byrne . (Fee pd) (twdb) (Entered: 02/20/2002)

RECAP
17 Feb. 21, 2002

MINUTES: Crt & cnsl discuss status of the case & sched a further conf call. Telephone conference set on 11:45 3/5/02 by Judge Wm. M. Byrne CR: n/a (twdb) (Entered: 03/04/2002)

RECAP
19 Feb. 21, 2002

STIPULATION and ORDER to cont trial & pretrial conf by 90 days by Judge Wm. M. Byrne. Discov is sched to close on 5/1/02, per the ptys joint rpt & discov plan, which plan was approved by the crt. The pretrial conf is set for 6/3/02 and the trial is set to begin on 6/11/02. (twdb) (Entered: 03/11/2002)

RECAP
16 Feb. 25, 2002

NOTICE AND REQUEST Of Settlement Procedure Selection fld Parties request to apr before Discovery Robert N. Block for sttlmnt procdgs Order by Judge Wm. M. Byrne granting settlement procedure selection request [16-1] (twdb) (Entered: 02/26/2002)

RECAP
18 March 5, 2002

MINUTES: In chambers: conf call off record; status of case discussed; fur telephone conference set on 12:00 3/26/02 ; crt will initiate conf call by Judge Wm. M. Byrne CR: none (lc) (Entered: 03/08/2002)

RECAP
20 March 19, 2002

ORDER RE Sttlmnt Conf by Discovery Robert N. Block. This case has been referred to Mag Judge Robert N. Block for sttlmnt proceedings. Within 30 days of the date of this ord, the ptys shall confer with each other and advise Mag Judge Block's courtroom deputy clerk, Marsha Eugene Domingue, (213) 894-6512, of the date they are requesting for the sttlmnt conf. (twdb) (Entered: 03/20/2002)

RECAP
21 March 25, 2002

MINUTES: In accordance with req of cnsl, the sttlmnt conf herein is calendared for 5/1/02 at 2:00 p.m., in courtroom 540. Cnsl are advised that the crt expects strict compliance with all the terms of its ord re sttlmnt conf, including the requirements that (a) cnsl who will try the case be personally present; (b) good faith sttlmnt offers be exchanged in accordance with 10 of the ord, and (c) the ptys sttlmnt conf stmts and confidential addenda comply with 11 and 12 of the ord by Discovery Robert N. Block CR: n/a (twdb) (Entered: 03/28/2002)

RECAP
22 March 26, 2002

MINUTES: Crt & cnsl discuss the status of the case and vac the pretrial & trial dates ; Telephone conference held; Final Pretrial Conference set for 3:30 7/1/02; Trial set on 9:00 7/9/02 by Judge Wm. M. Byrne CR: n/a (twdb) (Entered: 04/09/2002)

RECAP
23 May 1, 2002

MINUTES: On 5/1/02, the ptys and their cnsl appeared before the crt for a sttlmnt conf. During the ensuing 2-1/2 hours of sttlmnt discussions, substantial progress was made and agreement in principle was reached on certain terms. The crt ord the ptys to return on 5/6/02 for a further sttlmnt conf ; Settlement conference 2:00 5/6/02 by Judge Robert N. Block Tape: 556 (twdb) (Entered: 05/02/2002)

RECAP
24 May 6, 2002

MINUTES: Further sttlmnt conf. On 5/6/02, the ptys and their cnsl appeared before the crt for a further sttlmnt conf. After approximately 2 more hours of sttlmnt discussions, a complete sttlmnt of case was reached & recited on the record. The sttlmnt agreement further contemplates that Judge Byrne will determine the amt of attys fees to be awarded to plf Robison's cnsl. The ptys also agreed to an immediate stay of all further discov pending finalization of the sttlmnt. Settlement conference held by Judge Wm. M. Byrne CR: n/a (twdb) (Entered: 05/09/2002)

RECAP
25 May 10, 2002

NOTICE OF SETTLEMENT filed by plaintiff US EEOC (yc) (Entered: 05/16/2002)

RECAP
26 June 11, 2002

CONSENT DECREE by Judge Wm. M. Byrne. In sttlmnt of all monetary claims of the individually named intervenor, other than attys fees & costs, dft shall pay $135,000.00 to plf Intervenor Fred Robison, 14% of which constitutes backpay & 86% of which constitutes compensation of physical injury. Dft shall pay to Mr. Robison $50,000 within 15 days of the ptys signing this consent decree, of which $7,000 constitutes backpay & $43,000.00 constitutes damages for physical injury. Dft shall pay the balance $85,000.00 to Mr. Robison in Jan of 2003, of which $11,900.00 constitutes backpay & $73,100.00 constitutes damages for physical injury. The plf intervenor is the prevailing pty for the purpose of an award of attys fees and costs. Dft shall pay 1/3 of the awarded attys fees & costs within 15 days of the crt's ord awarded such fees & costs. Dft shall pay the balance in Jan of 2003. The provisions of the foregoing consent decree are hereby approved and compliance with all provisions thereof is HEREBY ORD. terminating case (MD JS-6) (ENT 6/13/02), mld ntcs. (twdb) Modified on 06/13/2002 (Entered: 06/13/2002)

RECAP
27 July 9, 2002

NOTICE OF MOTION AND MOTION by plaintiff US EEOC for order establishing amt of atty's fees & costs ; Motion hearing set for 10:00 8/5/02. Lodged Propsd ord (twdb) (Entered: 07/10/2002)

RECAP
28 July 9, 2002

PROOF OF SERVICE on 7/9/02 of ntc of mot, etc (twdb) (Entered: 07/10/2002)

RECAP
29 July 9, 2002

DECLARATION of Richard Rothschild by plaintiff US EEOC in suppt of motion for order establishing amt of atty's fees & costs [27-1] (twdb) (Entered: 07/10/2002)

RECAP
30 July 9, 2002

DECLARATION of Dana Johnson by plaintiff US EEOC in suppt of motion for order establishing amt of atty's fees & costs [27-1] (twdb) (Entered: 07/10/2002)

RECAP
31 July 9, 2002

DECLARATION of Walter Cochran-Bond by plaintiff US EEOC in suppt of motion for order establishing amt of atty's fees & costs [27-1] (twdb) (Entered: 07/10/2002)

RECAP
32 July 9, 2002

DECLARATION of Richard M. Pearl by plaintiff US EEOC in suppt of motion for order establishing amt of atty's fees & costs [27-1] (twdb) (Entered: 07/10/2002)

RECAP
33 July 9, 2002

DECLARATION of Carol A. Sobel by plaintiff US EEOC in suppt of motion for order establishing amt of atty's fees & costs [27-1] (twdb) (Entered: 07/10/2002)

RECAP
34 July 9, 2002

DECLARATION of Barrett S. Litt by plaintiff US EEOC in suppt of motion for order establishing amt of atty's fees & costs [27-1] (twdb) (Entered: 07/10/2002)

RECAP
35 July 9, 2002

DECLARATION of Bryan Barnet Miller by plaintiff US EEOC in suppt of motion for order establishing amt of atty's fees & costs [27-1] (twdb) (Entered: 07/10/2002)

RECAP
36 July 22, 2002

RESPONSE by defendant Temcor Inc in opp to plf's motion for order establishing amt of atty's fees & costs [27-1] (twdb) (Entered: 07/23/2002)

RECAP
37 July 29, 2002

REPLY brief by plaintiff US EEOC to Temcor's opp to motion for order establishing amt of atty's fees & costs [27-1] (twdb) (Entered: 07/30/2002)

RECAP
38 July 29, 2002

OBJECTIONS by plaintiff US EEOC, Req to strike & Req for sancs to Temcor's opp to motion for order establishing amt of atty's fees & costs [27-1] (twdb) (Entered: 07/30/2002)

RECAP
July 29, 2002

LODGED/PROPOSED ORDER submitted by plaintiff US EEOC for opposition [38-1] .(FWD TO CRD) (twdb) (Entered: 07/30/2002)

PACER
July 29, 2002

LODGED/PROPOSED ORDER submitted by plaintiff US EEOC for opposition [38-1] .(FWD TO CRD) (twdb)

39 Aug. 5, 2002

MINUTES: by Judge Wm M Byrne; re motion for order establishing amt of atty's fees & costs [27-1] Crt orders cnsl to further conf out of crt to negotiate agreement as to est of atty fees. If parties do not come to an agreement, Cnsl shall inform the crtroom deputy to Judge Byrne and req an official ruling and order from the crt. CR: Adrian Camelo (yc) (Entered: 08/06/2002)

RECAP
40 Sept. 19, 2002

ORDER by Judge Wm. M. Byrne granting motion for order establishing amt of atty's fees & costs [27-1]. (ENT 9/23/02), mld ntcs. (twdb) (Entered: 09/23/2002)

RECAP
Sept. 19, 2002

PLACED IN FILE - NOT USED - prop ord gr pla Robison's mot for award of reasonable atty fees. (sv) (Entered: 09/20/2002)

PACER
Sept. 19, 2002

PLACED IN FILE - NOT USED - prop ord gr pla Robison's mot for award of reasonable atty fees. (sv)

Nov. 21, 2002

ABSTRACT OF JUDGMENT issued for LITT & Associates against Temcor, Inc in the amount of attorney fees of $ 231,000 and costs of $ 7,725.45 (twdb) (Entered: 11/22/2002)

PACER
Nov. 21, 2002

ABSTRACT OF JUDGMENT issued for Fred Robison against Temcor, Inc in the amount of $ 135,000 principal (twdb) (Entered: 11/22/2002)

PACER
Nov. 21, 2002

ABSTRACT OF JUDGMENT issued for LITT & Associates against Temcor, Inc in the amount of attorney fees of $ 231,000 and costs of $ 7,725.45 (twdb)

Nov. 21, 2002

ABSTRACT OF JUDGMENT issued for Fred Robison against Temcor, Inc in the amount of $ 135,000 principal (twdb)

41 March 7, 2003

SATISFACTION OF JUDGMENT re [26-2] as to plaintiff US EEOC (yc) (Entered: 03/10/2003)

RECAP
42 March 7, 2003

SATISFACTION OF JUDGMENT re [26-2] as to plaintiff US EEOC (yc) (Entered: 03/10/2003)

RECAP

Case Details

State / Territory:

California

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 27, 2001

Closing Date: June 11, 2002

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

Private Entity/Person

Temcor, Inc.

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101 et seq.

State Anti-Discrimination Law

Other Dockets:

Central District of California 2:01-cv-08351

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Implement complaint/dispute resolution process

Provide antidiscrimination training

Recordkeeping

Reporting

Amount Defendant Pays: 135000

Order Duration: 2002 - 2005

Issues

Discrimination Area:

Accommodation / Leave

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

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Discrimination Basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit

Recommended Citation