Case: EEOC v. UNITED PARCEL SERVICE

1:01-cv-00342 | U.S. District Court for the District of Hawaii

Filed Date: May 24, 2001

Closed Date: Dec. 12, 2003

Clearinghouse coding complete

Case Summary

The EEOC's San Francisco district office sued United Parcel Service on May 24, 2001 in the U.S. District Court for the District of Hawaii. The EEOC's complaint alleged that the defendant violated Title VII when it discriminated based on race (African American) by disproportionately punishing an employee for conduct based on race by discharging that employee. The parties entered into a consent decree on December 12, 2003, which stipulated that the defendant would pay the complainant $150,000 in damages, post a notice of compliance with Title VII, provide Title VII training to its managers, and distribute its non-discrimination policy to all employees.

Summary Authors

Aaron Weismann (6/21/2007)

Documents in the Clearinghouse

Document

1:01-cv-00342

Docket

EEOC v. United Parcel Ser et al

Dec. 12, 2003

Dec. 12, 2003

Docket

EEOC Litigation Settlement Report (December 2003)

EEOC v. United Parcel Service

No Court

Dec. 31, 2003

Dec. 31, 2003

Press Release

Resources

Docket

Last updated Aug. 11, 2022, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT; civil rights--employment discrimination; jury trial demand; summons (issued) (lmg) (Entered: 05/29/2001)

May 24, 2001

May 24, 2001

3

ORDER by Judge David A. Ezra rule 16 scheduling conference set for 9:00 8/27/01 before Mag Judge Kevin S. Chang (lmg) (Entered: 05/29/2001)

May 24, 2001

May 24, 2001

4

EO : rule 16 scheduling conference moved from 8/27/01 to 9:00 9/12/01 before Mag Judge Kevin S. Chang ; Fujiwara's office to notify parties ( Ct Rptr : ) JUDGE Judge Kevin S. Chang (lmg) (Entered: 07/27/2001)

July 24, 2001

July 24, 2001

5

RETURN OF SERVICE executed: documents served - complaint and summons - served through defendant's agent, the Corporation Company, Inc., through Deborah Dietz-Harris, Special Asst. Secty. on 7/23/01 (lmg) (Entered: 08/01/2001)

July 30, 2001

July 30, 2001

6

SCHEDULING CONFERENCE STATEMENT by plaintiff EEOC's; certificate of service (lmg) (Entered: 08/08/2001)

Aug. 6, 2001

Aug. 6, 2001

7

REPORT OF PARTIES' PLANNING MEETING by plaintiff EEOC'S; certificate of service (lmg) (Entered: 08/13/2001)

Aug. 8, 2001

Aug. 8, 2001

8

ANSWER by defendant United Parcel Ser to plaintiff's complaint filed May 24, 2001 [1-1]; certificate of service (lmg) (Entered: 08/14/2001)

Aug. 10, 2001

Aug. 10, 2001

9

SCHEDULING CONFERENCE STATEMENT by defendant United Parcel Service (lmg) (Entered: 09/06/2001)

Sept. 4, 2001

Sept. 4, 2001

10

SUPPLEMENTAL Report and objections by defendant United Parcel Service's to plaintiff EEOC's report of the parties' planning meeting filed on August 8, 2001 [7-1] (lmg) (Entered: 09/10/2001)

Sept. 5, 2001

Sept. 5, 2001

11

EP : Rule 16 Scheduling Conference 1. Jury trial on August 27, 2002 at 9:00.a.m. before SPK 2. Final Pretrial Conference on July 16, 2002 at 9:00a.m. before KSC 3. Final Pretrial Conference before District Judge N/A 4. Final Pretrial Statement by July 9, 2002 5. File motions to Join/Add Parties/Amend Pleadings by January 25, 2002 6. File other Non-Dispositive Motions by May 29, 2002 7. File Dispositive Motions by March 27, 2002 8a. File Motions in Limine by August 6, 2002 8b. File opposition memo to a Motion in Limine by August 13, 2002 11a. Plaintiff's Expert Witness Disclosures by February 25, 2002 11b. Defendant's Expert Witness Disclosures by March 27, 2002 12. Discovery deadline June 28, 2002 13. Settlement Conference set for December 3, 2001 at 3:00 p.m. before KSC 14. Settlement Conference statements by November 26, 2001 20. Submit Voir Dire Questions, Special Verdict Form, Concise Statement of Case and Jury Instructions by August 13, 2002 21. File Final witness list by August 6, 2002 24. Exchange Exhibit and Demonstrative aids by July 30, 2002 25. File Stipulations re: Authenticity/Admissibility of Proposed Exhibits by August 6, 2002 26. File objections to the Exhibits by August 13, 2002 28a. File Deposition Excerpt Designations by August 6, 2002 28b. File Deposition Counter Designations and Objections by August 13, 2002 29. File Trial Brief by August 13, 2002 30. File Findings of Fact & Conclusions of Law by N/A Other Matters: ; Jury Trial set for 9:00 8/27/02 before Judge Samuel P. King , ; final pretrial conference set for 9:00 7/16/02 ; settlement conference set for 3:00 12/3/01 before Mag Judge Kevin S. Chang , ;file dispositive motions by 3/27/02 ; Discovery ddl set for 6/28/02 ( Ct 09/17/2001)

Sept. 12, 2001

Sept. 12, 2001

12

Rule 16 SCHEDULING ORDER Mag Judge Kevin S. Chang (cc: all counsel) (lmg) (Entered: 09/19/2001)

Sept. 13, 2001

Sept. 13, 2001

TRANSCRIPT of proceedings for the following date(s): 08/31/01 for deft Sialava'a Fagaima (Court reporter: Debra Kekuna Chun) (lmg) (Entered: 10/03/2001)

Sept. 28, 2001

Sept. 28, 2001

13

INITIAL DISCLOSURES by plaintiff EEOC's; certificate of service (lmg) (Entered: 10/03/2001)

Oct. 1, 2001

Oct. 1, 2001

14

INITIAL DISCLOSURES by defendant United Parcel Service's; certificate of service (lmg) (Entered: 10/04/2001)

Oct. 2, 2001

Oct. 2, 2001

15

EP : settlement conference contd to 2:00 2/13/02 before Mag Judge Kevin S. Chang ( Ct Rptr : no record) JUDGE Mag Judge Kevin S. Chang (eps) (Entered: 12/05/2001)

Dec. 3, 2001

Dec. 3, 2001

16

CERTIFICATE of service (lmg) (Entered: 12/13/2001)

Dec. 12, 2001

Dec. 12, 2001

17

NOTICE of hearing ; status conference set for 9:00 1/11/02 before Mag Judge Kevin S. Chang ; Elizabeth Fujiwara to notify parties (afc) (Entered: 01/11/2002)

Jan. 10, 2002

Jan. 10, 2002

18

CERTIFICATE of service (afc) (Entered: 01/11/2002)

Jan. 10, 2002

Jan. 10, 2002

20

EP : Status Conference re: dates: New trial dates given: Amended Rule 16 Scheduling Order 1. Jury trial on November 19, 2002 at 9:00.a.m. before SPK 2. Final Pretrial Conference on October 8, 2002 at 9:00a.m. before KSC 3. Final Pretrial Conference before District Judge N/A 4. Final Pretrial Statement by October 1, 2002 5. File motions to Join/Add Parties/Amend Pleadings by April 19, 2002 6. File other Non-Dispositive Motions by August 21, 2002 7. File Dispositive Motions by June 19, 2002 8a. File Motions in Limine by October 29, 2002 8b. File opposition memo to a Motion in Limine by November 5, 2002 11a. Plaintiff's Expert Witness Disclosures by May 20, 2002 11b. Defendant's Expert Witness Disclosures by June 19, 2002 12. Discovery deadline September 20, 2002 13. Settlement Conference set for July 10, 2002 at 2:00 p.m. before KSC 14. Settlement Conference statements by July 3, 2002 20. Submit Voir Dire Questions, Special Verdict Form, Concise Statement of Case and Jury Instructions by November 5, 2002 21. File Final witness list by October 29, 2002 24. Exchange Exhibit and Demonstrative aids by October 22, 2002 25. File Stipulations re: Authenticity/Admissibility of Proposed Exhibits by October 29, 2002 26. File objections to the Exhibits by November 5, 2002 28a. File Deposition Excerpt Designations by October 29, 2002 28b. File Deposition Counter Designations and Objections by November 5, 2002 29. File Trial Brief by November 5, 2002 30. File Findings of Fact & Conclusions of Law by N/A Other Matters: ; Jury Trial set for 9:00 11/19/02 before Judge Samuel P. King , ; final pretrial conference set for 9:00 10/8/02 ; settlement conference set for 2:00 7/10/02 before Mag Judge Kevin S. Chang , ; dispositive motions by 6/19/02 ; Discovery ddl set for 9/20/02 ( Ct Rptr : No record) JUDGE Mag Judge Kevin S. Chang (lmg) (Entered: 01/18/2002)

Jan. 11, 2002

Jan. 11, 2002

19

Amended Rule 16 SCHEDULING ORDER Mag Judge Kevin S. Chang ; Jury trial set for 9:00 11/29/02 ; Final pretrial conference set for 9:00 10/8/02 (cc: all counsel) (lmg) (Entered: 01/18/2002)

Jan. 15, 2002

Jan. 15, 2002

21

CERTIFICATE of service (lmg) (Entered: 01/28/2002)

Jan. 23, 2002

Jan. 23, 2002

22

CERTIFICATE of service (lmg) (Entered: 01/28/2002)

Jan. 23, 2002

Jan. 23, 2002

23

CERTIFICATE of service (tbf) (Entered: 01/29/2002)

Jan. 28, 2002

Jan. 28, 2002

24

CERTIFICATE of service by defendant (lmg) (Entered: 03/15/2002)

March 14, 2002

March 14, 2002

25

CERTIFICATE of service by defendant (lmg) (Entered: 03/20/2002)

March 20, 2002

March 20, 2002

26

CERTIFICATE of service by plaintiff (afc) (Entered: 04/03/2002)

April 2, 2002

April 2, 2002

27

CERTIFICATE of service by plaintiff (afc) (Entered: 04/03/2002)

April 2, 2002

April 2, 2002

28

CERTIFICATE of service by defendant United Parcel Ser (fe) (Entered: 04/12/2002)

April 12, 2002

April 12, 2002

29

CERTIFICATE of service by defendant (lmg) (Entered: 05/03/2002)

May 3, 2002

May 3, 2002

30

CERTIFICATE of service by defendant (lmg) (Entered: 05/03/2002)

May 3, 2002

May 3, 2002

31

CERTIFICATE of service by defendant (lmg) (Entered: 05/03/2002)

May 3, 2002

May 3, 2002

32

EO : ; status conference re dates set for 9:00 5/15/02 before Mag Judge Kevin S. Chang ; Fujiwara to notify parties ( Ct Rptr : IC) JUDGE Mag Judge Kevin S. Chang (lmg) (Entered: 05/13/2002)

May 10, 2002

May 10, 2002

33

EP : Status Conference re: new dates: 1. Jury trial on March 18, 2003 at 9:00.a.m. before SPK 2. Final Pretrial Conference on February 4, 2003 at 9:00a.m. before KSC 3. Final Pretrial Conference before District Judge N/A 4. Final Pretrial Statement by January 28, 2003 5. File motions to Join/Add Parties/Amend Pleadings by closed 6. File other Non-Dispositive Motions by December 18, 2002 7. File Dispositive Motions by October 16, 2002 8a. File Motions in Limine by February 25, 2003 8b. File opposition memo to a Motion in Limine by March 4, 2003 11a. Plaintiff's Expert Witness Disclosures by September 16, 2002 11b. Defendant's Expert Witness Disclosures by October 16, 2002 12. Discovery deadline January 17, 2003 13. Settlement Conference set for November 12, 2002 at 2:00 p.m. before KSC 14. Settlement Conference statements by November 5, 2002 20. Submit Voir Dire Questions, Special Verdict Form, Concise Statement of Case and Jury Instructions by March 4, 2003 21. File Final witness list by February 25, 2003 24. Exchange Exhibit and Demonstrative aids by February 18, 2003 25. Stipulations re: Authenticity/Admissibility of Proposed Exhibits by February 25, 2003 26. File objections to the Exhibits by March 4, 2003 28a. File Deposition Excerpt Designations by February 25, 2003 28b. File Deposition Counter Designations and Objections by March 4, 2003 29. File Trial Brief by March 4, 2003 30. File Findings of Fact & Conclusions of Law by N/A Other Matters: ;status conference held 5/15/02 , ; Jury Trial set for 9:00 3/18/03 before Judge Samuel P. King , ; final pretrial conference set for 9:00 2/4/03 before Mag Judge Kevin S. Chang , ; settlement conference set for 2:00 11/12/02 before Mag Judge Kevin S. Chang , ; file dispositive motions by 10/16/02 ; Discovery ddl set for 1/17/03 ( Ct Rptr : No record) JUDGE Mag Judge Kevin S. Chang (lmg)

May 15, 2002

May 15, 2002

35

CERTIFICATE of service by plaintiff (lmg) (Entered: 05/28/2002)

May 28, 2002

May 28, 2002

36

CERTIFICATE of service by defendant (lmg) (Entered: 06/03/2002)

May 30, 2002

May 30, 2002

37

CERTIFICATE of service by defendant (lmg) (Entered: 06/03/2002)

May 30, 2002

May 30, 2002

38

CERTIFICATE of service by defendant (lmg) (Entered: 06/03/2002)

May 30, 2002

May 30, 2002

39

DISCLOSURE OF EXPERT'S TESTIMONY by plaintiff Equal Employment Opportunity Commission's; exhibit a; certificate of service (lmg) (Entered: 09/17/2002)

Sept. 16, 2002

Sept. 16, 2002

40

STIPULATION to amend trial date and other court dates - ORDER by Mag Judge Kevin S. Chang - ; Jury trial set for 9:00 11/4/03 before Judge Samuel P. King , final pretrial conference set for 9:00 9/23/03 before Mag Judge Kevin S. Chang , ; Discovery motions, shall be filed by 8/6/03 , ; dispositive motions shall be filed by 6/4/03 (lmg) (Entered: 10/10/2002)

Oct. 9, 2002

Oct. 9, 2002

41

CERTIFICATE of service by defendant (lmg) (Entered: 05/19/2003)

May 16, 2003

May 16, 2003

42

NOTICE OF MOTION and motion by defendant United Parcel Service's for summary judgment ; memorandum in support of motion; certification of compliance pursuant to LR7.5(e); certification of service - set for 10:00 7/11/03 before Judge Samuel P. King (lmg) (Entered: 06/03/2003)

June 3, 2003

June 3, 2003

43

Concise STATEMENT of facts by defendant United Parcel Service's; affidavit of Ernest C. Moore, III; exhibits 1-17; declaration of Lance Hirokawa; exhibits a-k; certificate of service [42-1] (lmg) (Entered: 06/03/2003)

June 3, 2003

June 3, 2003

44

NOTICE OF MOTION and motion by plaintiff Equal Employment Opp for partial summary judgment ; proposed order; declaration of Oronio-Dixon [FAX]; exhibits 1-8; certificate of service - set for 10:00 7/2/03 before Judge Samuel P. King (fe) (Entered: 06/05/2003)

June 4, 2003

June 4, 2003

45

CERTIFICATE of service by plaintiff Equal Employment Opp (fe) (Entered: 06/05/2003)

June 4, 2003

June 4, 2003

46

DISCLOSURE OF EXPERT WITNESSES by defendant United Parcel Ser; certificate of service (fe) (Entered: 06/05/2003)

June 4, 2003

June 4, 2003

47

EO :Plaintiff EEOC's Motion for Partial Summary Judgment set for hearing on July 02, 2003 is hereby continued to July 11, 2003 @l0:00 a.m. before Judge Samuel P. King. The Defendants Motion for Summary Judgment will also be heard on that same date. - setting hearing on motion for partial summary judgment [44-1] 10:00 7/11/03 ( Ct Rptr : ) JUDGE Judge Samuel P. King (fe) (Entered: 06/05/2003)

June 5, 2003

June 5, 2003

48

CERTIFICATE of service by defendant (lmg) (Entered: 06/06/2003)

June 5, 2003

June 5, 2003

49

Concise STATEMENT of undisputed material facts by plaintiff EEOC's in support of its motion for partial summary judgment [44-1]; certificate of service (lmg) (Entered: 06/06/2003)

June 6, 2003

June 6, 2003

51

First amended notice of DISCLOSURE of expert witnesses by defendant United Parcel Service's; certificate of service (lmg) (Entered: 06/16/2003)

June 16, 2003

June 16, 2003

52

Plaintiff EEOC's RESPONSE and opposition to defendant's motion for summary judgment [42-1] (lmg) (Entered: 06/23/2003)

June 23, 2003

June 23, 2003

53

Concise STATEMENT of undisputed material facts in support of plaintiff EEOC's response and opposition to defendant's motion for summary judgment; declaration of Ordonio-Dixon; exhibits 1-20 [52-1] (lmg) (Entered: 06/23/2003)

June 23, 2003

June 23, 2003

54

Plaintiff EEOC's RESPONSE and objections to def's (sic) concise statement of fact in support of motion for summary judgment [53-1] (lmg) (Entered: 06/24/2003)

June 23, 2003

June 23, 2003

55

MEMORANDUM by defendant United Parcel Ser in opposition to plaintiff's motion for partial summary judgment [44-1]; certificate of compliance pursuant to LR 7.5(e); certificate of service (eps) (Entered: 06/24/2003)

June 23, 2003

June 23, 2003

56

SEPARATE AND CONCISE STATEMENT of facts by defendant United Parcel Ser in opposition to plaintiff's motion for partial summary judgment [44-1]; affiavit of Ernest C. Moore, III; exhibits 1-9; certificate of service (eps) (Entered: 06/24/2003)

June 23, 2003

June 23, 2003

57

REPLY by plaintiff EEOC's to defendant UPS's opposition to partial summary judgment [44-1] (lmg) (Entered: 07/01/2003)

June 30, 2003

June 30, 2003

58

Defendant United Parcel Service, Inc.'s REPLY in support of motion for summary judgment [42-1]; declaration of Ernest C. Moore, III; exhibits A-D; declaration of Lance Hirokawa; certificate of service (lmg) (Entered: 07/01/2003)

June 30, 2003

June 30, 2003

59

Submission of original signature on page 6 of concise STATEMENT of undisputed material facts in support of plaintiff EEOC's response and opposition to defendant's motion for summary judgment and declaration of Ordonio -Dixon and page 3 of the declaration of Ordonio-Dixon in support of plaintiff EEOC's motion for partial summary judgment (filed June 23, 2003); certificate of service - on behalf of plaintiffs [42-1] (lmg) (Entered: 07/08/2003)

July 2, 2003

July 2, 2003

60

EP : Defendant United Parcel Services' Motion for Summary Judgment-Oral Argument Held. This Motion is hereby Denied. Plaintiff EEOC's Motion for Partial Summary Judgment-Granted In Part. Court to prepare the Order; granted in part-motion for partial summary judgment [44-1], denying motion for summary judgment [42-1] ( Ct Rptr : ESR-LG) JUDGE Judge Samuel P. King (lmg) (Entered: 07/15/2003)

July 11, 2003

July 11, 2003

61

CERTIFICATE of service by plaintiff (lmg) (Entered: 07/17/2003)

July 15, 2003

July 15, 2003

62

Plaintiff EEOC's DESIGNATION of rebuttal expert witness Thomas A. Ludat (lmg) (Entered: 07/17/2003)

July 15, 2003

July 15, 2003

63

ORDER granting plaintiff's motion for partial summary judgment and order denying defendant's motion for summary judgment by Judge Samuel P. King - granting motion for partial summary judgment [44-1], denying motion for summary [42-1] (cc: all parties of record) (lmg) (Entered: 07/22/2003)

July 21, 2003

July 21, 2003

64

EO : Pursuant to plaintiff's request, a ; settlement conference is set for 2:00 8/26/03 before Mag Judge Kevin S. Chang ; Ms. Dixon to notify all parties ( Ct Rptr : ) JUDGE Mag Judge Kevin S. Chang (lmg) (Entered: 08/18/2003)

Aug. 18, 2003

Aug. 18, 2003

65

CERTIFICATE of service by defendant United Parcel Ser (lmg) (Entered: 08/20/2003)

Aug. 20, 2003

Aug. 20, 2003

66

EP :Settlement conference; settlement conference held; ; further settlement conference set for 8:30 8/27/03 before Mag Judge Kevin S. Chang ( Ct Rptr : In chambers - no record) JUDGE Mag Judge Kevin S. Chang (lmg) (Entered: 08/28/2003)

Aug. 26, 2003

Aug. 26, 2003

67

EP : ;Further settlement conference ; case settled; counsel preparing closing documents and will be submitting consent decree for Judge King's signature ( Ct Rptr : In chambers-no record) JUDGE Mag Judge Kevin S. Chang (lmg) (Entered: 08/28/2003)

Aug. 27, 2003

Aug. 27, 2003

68

NOTICE by plaintiff of change of address for the co-counsel: William R. Tamayo, Jonathan T. Peck, and Linda S. Ordonio-Dixon at U.S. Equal Employment Opportunity Commission, 345 Spear St Ste 500, San Francisco, CA 94105-1687 (lmg) (Entered: 10/23/2003)

Oct. 23, 2003

Oct. 23, 2003

69

Consent decree and ORDER by Judge Samuel P. King - on behalf of defendant (fe) (Entered: 12/16/2003)

Dec. 12, 2003

Dec. 12, 2003

70

CERTIFICATE of service by defendant United Parcel Ser (fe) (Entered: 12/16/2003)

Dec. 12, 2003

Dec. 12, 2003

Case Details

State / Territory: Hawaii

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: May 24, 2001

Closing Date: Dec. 12, 2003

Case Ongoing: No

Plaintiffs

Plaintiff Description:

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

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

United Parcel Service (Kahului-Maui, Hawaii), Private Entity/Person

Case Details

Causes of Action:

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

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: 150000

Content of Injunction:

Neutral/Positive Reference

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Issues

General:

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Discipline

Discrimination-basis:

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits