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)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/19442327/parties/equal-employment-opp-v-united-parcel-ser/


Judge(s)

King, Samuel Pailthorpe (Hawaii)

Documents in the Clearinghouse

Documents in this case

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

See docket on RECAP: https://www.courtlistener.com/docket/19442327/equal-employment-opp-v-united-parcel-ser/

Last updated Oct. 31, 2025, 3:35 p.m.

Docket for: Equal Employment Opp v. United Parcel Ser
ECF Number Date Description Link
1 May 24, 2001

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

PACER
3 May 24, 2001

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)

PACER
4 July 24, 2001

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)

PACER
5 July 30, 2001

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)

PACER
6 Aug. 6, 2001

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

PACER
7 Aug. 8, 2001

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

PACER
8 Aug. 10, 2001

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

PACER
9 Sept. 4, 2001

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

PACER
10 Sept. 5, 2001

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)

PACER
11 Sept. 12, 2001

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)

PACER
12 Sept. 13, 2001

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

PACER
Sept. 28, 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)

PACER
13 Oct. 1, 2001

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

PACER
14 Oct. 2, 2001

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

PACER
15 Dec. 3, 2001

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)

PACER
16 Dec. 12, 2001

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

PACER
17 Jan. 10, 2002

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)

PACER
18 Jan. 10, 2002

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

PACER
20 Jan. 11, 2002

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)

PACER
19 Jan. 15, 2002

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)

PACER
21 Jan. 23, 2002

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

PACER
22 Jan. 23, 2002

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

PACER
23 Jan. 28, 2002

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

PACER
24 March 14, 2002

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

PACER
25 March 20, 2002

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

PACER
26 April 2, 2002

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

PACER
27 April 2, 2002

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

PACER
28 April 12, 2002

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

PACER
29 May 3, 2002

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

PACER
30 May 3, 2002

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

PACER
31 May 3, 2002

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

PACER
32 May 10, 2002

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)

PACER
33 May 15, 2002

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)

PACER
35 May 28, 2002

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

PACER
36 May 30, 2002

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

PACER
37 May 30, 2002

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

PACER
38 May 30, 2002

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

PACER
39 Sept. 16, 2002

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

PACER
40 Oct. 9, 2002

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)

PACER
41 May 16, 2003

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

PACER
42 June 3, 2003

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)

PACER
43 June 3, 2003

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)

PACER
44 June 4, 2003

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)

PACER
45 June 4, 2003

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

PACER
46 June 4, 2003

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

PACER
47 June 5, 2003

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)

PACER
48 June 5, 2003

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

PACER
49 June 6, 2003

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)

PACER
51 June 16, 2003

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

PACER
52 June 23, 2003

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

PACER
53 June 23, 2003

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)

PACER
54 June 23, 2003

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)

PACER
55 June 23, 2003

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)

PACER
56 June 23, 2003

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)

PACER
57 June 30, 2003

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

PACER
58 June 30, 2003

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)

PACER
59 July 2, 2003

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)

PACER
60 July 11, 2003

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)

PACER
61 July 15, 2003

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

PACER
62 July 15, 2003

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

PACER
63 July 21, 2003

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)

PACER
64 Aug. 18, 2003

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)

PACER
65 Aug. 20, 2003

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

PACER
66 Aug. 26, 2003

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)

PACER
67 Aug. 27, 2003

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)

PACER
68 Oct. 23, 2003

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)

PACER
69 Dec. 12, 2003

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

PACER
70 Dec. 12, 2003

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

PACER

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

Private Entity/Person

United Parcel Service

Case Details

Causes of Action:

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

Other Dockets:

District of Hawaii 1:01-cv-00342

Available Documents:

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:

Neutral/Positive Reference

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Amount Defendant Pays: 150000

Issues

Discrimination Area:

Discharge / Constructive Discharge / Layoff

Discipline

Disparate Treatment

Discrimination Basis:

Race discrimination

Affected Race(s):

Black

EEOC-centric:

Direct Suit on Merits

Recommended Citation