Case: EEOC v. UNITED FREIGHT & TRANSPORT, INC.

3:05-cv-00122 | U.S. District Court for the District of Alaska

Filed Date: June 1, 2005

Closed Date: July 3, 2010

Clearinghouse coding complete

Case Summary

In June 2005, the EEOC district office in Seattle, Washington brought this suit against United Freight & Transport, Inc. in the U.S. District Court for the District of Alaska. The intervenor's complaint states that a female alleged that the defendant violated Title VII of the Civil Rights Act of 1964 when it refused to hire her as a freight transport driver because of her sex. After some discovery and a withdrawn defense motion to bifurcate, the parties settled and a consent decree was entere…

In June 2005, the EEOC district office in Seattle, Washington brought this suit against United Freight & Transport, Inc. in the U.S. District Court for the District of Alaska. The intervenor's complaint states that a female alleged that the defendant violated Title VII of the Civil Rights Act of 1964 when it refused to hire her as a freight transport driver because of her sex. After some discovery and a withdrawn defense motion to bifurcate, the parties settled and a consent decree was entered in July 2006.

In the consent decree, the parties agreed that the defendant would refrain from discriminating on the basis of sex, pay the aggrieved party $95,000, implement and distribute an anti-discrimination policy, provide EEO training, post an EEO notice, expunge its employment records of all hints of this litigation, implement a supervisor discipline policy, and revise its hiring criteria for hiring supervisors. No fees or costs were awarded. The terms of the agreement were to run for four years. The docket sheet shows that no further enforcement took place; the case was presumably closed in 2010.

Summary Authors

Joel Pettit (6/28/2007)

Documents in the Clearinghouse

Document
11

3:05-cv-00122

Docket [ACMS]

EEOC v. United Freight & Transport

Nov. 29, 2005

Nov. 29, 2005

Docket

3:05-cv-00122

Docket [PACER]

EEOC v. United Freight & Transport

July 3, 2006

July 3, 2006

Docket
13

3:05-cv-00122

Complaint in Intervention

EEOC v. United Freight & Transport

Nov. 1, 2005

Nov. 1, 2005

Complaint
46

3:05-cv-00122

First Amended Complaint in Intervention

EEOC v. United Freight & Shipping

May 24, 2006

May 24, 2006

Complaint
48-1

3:05-cv-00122

Consent Decree

EEOC v. United Freight & Transport

June 23, 2006

June 23, 2006

Settlement Agreement

Resources

Docket

Last updated July 19, 2022, 3:16 a.m.

ECF Number Description Date Link Date / Link

All future filings will be in the CM/ECF System. All documents filed prior to January 3, 2006, are available for review at the Clerk's Office.(CLW) (Entered: 11/16/2005)

June 1, 2005

June 1, 2005

11

Copy of ACMS docket. Click on the hyperlink to access docket entries 1-11 from prior ACMS system.(JAG) (Entered: 11/16/2005)

June 1, 2005

June 1, 2005

Set Deadlines: Discovery due by 1/31/2006. Motions due by 3/1/2006; 7 day TBJ estimate. (PRR) (Entered: 12/12/2005)

Aug. 29, 2005

Aug. 29, 2005

Set Deadlines: Discovery due by 1/31/2006. Motions due by 3/1/2006. (PRR) (Entered: 12/27/2005)

Aug. 29, 2005

Aug. 29, 2005

12

ORDER granting mot to intervene. Signed by Judge John W. Sedwick on 11/30/05. (PRR) (Entered: 12/05/2005)

Dec. 2, 2005

Dec. 2, 2005

13

Intervenor COMPLAINT , filed by Shotsay Posciri.(PRR) (Entered: 12/05/2005)

Dec. 2, 2005

Dec. 2, 2005

14

Prel Witness List by Shotsay Posciri, Equal Employment Opportunity Commission. (PRR) (Entered: 12/05/2005)

Dec. 2, 2005

Dec. 2, 2005

15

1st Amended Prel Witness List by United Freight & Transport Incorporated. (PRR) (Entered: 12/12/2005)

Dec. 9, 2005

Dec. 9, 2005

16

STIPULATION for ext of time until 12/16/05 to file final wit lists by Shotsay Posciri, Equal Employment Opportunity Commission, United Freight & Transport Incorporated.(PRR) (Entered: 12/13/2005)

Dec. 12, 2005

Dec. 12, 2005

16

(ACMS DKT 16-2) ORDER granting 16 Stipulation ; parties have until 12/16/05 to file final wit lists. Signed by Judge John W. Sedwick on 12/13/05. (PRR) (Entered: 12/17/2005)

Dec. 14, 2005

Dec. 14, 2005

17

Final Witness List by United Freight & Transport Incorporated. (PRR) (Entered: 12/19/2005)

Dec. 16, 2005

Dec. 16, 2005

19

MOTION for Leave to File amended complaint in intervention w/att memo by Shotsay Posciri. (exhs not scanned; see complete paper document in court file)(PRR) (Entered: 12/27/2005)

Dec. 23, 2005

Dec. 23, 2005

20

MOTION for Extension of Time to File Response/Reply as to 19 MOTION for Leave to File unopposed by United Freight & Transport Incorporated. (Attachments: # 1 Proposed Order)(Leukuma, Wendy) Error: Prop ord attached twice; motion missing. Attorney to re-file as a "Notice-Other re: Attachment to Motion For Extension of Time." (1-6-06) (PRR). (Entered: 01/05/2006)

Jan. 5, 2006

Jan. 5, 2006

21

STIPULATION For Extension of Time by United Freight & Transport Incorporated. (Attachments: # 1 Proposed Order)(Leukuma, Wendy) (Entered: 01/05/2006)

Jan. 5, 2006

Jan. 5, 2006

22

NOTICE by United Freight & Transport Incorporated re 20 MOTION for Extension of Time to File Response/Reply as to 19 MOTION for Leave to File unopposed NOTICE of Attachment by UFTI re 20 motion for extension of time (Leukuma, Wendy) (Entered: 01/06/2006)

Jan. 6, 2006

Jan. 6, 2006

23

ORDER granting 20 Motion for Extension of Time to File Response re 19 MOTION for Leave to File; Responses due by 1/17/2006. Signed by Judge John W. Sedwick on 1/6/06. (GMM, ) (Entered: 01/06/2006)

Jan. 6, 2006

Jan. 6, 2006

24

ORDER granting 21 Stipulation extending discovery deadline to 3/31/2006. Signed by Judge John W. Sedwick on 1/6/06. (GMM, ) (Entered: 01/06/2006)

Jan. 6, 2006

Jan. 6, 2006

Set/Reset Deadlines: Discovery due by 3/31/2006. (GMM, ) (Entered: 01/06/2006)

Jan. 6, 2006

Jan. 6, 2006

Reset Deadlines: Motions due by 5/1/2006. (PRR) (Entered: 01/09/2006)

Jan. 6, 2006

Jan. 6, 2006

25

MOTION for Extension of Time to File unopposed by United Freight & Transport Incorporated. (Attachments: # 1 Proposed Order)(Evans, William) (Entered: 01/13/2006)

Jan. 13, 2006

Jan. 13, 2006

26

ORDER granting 25 Motion for Extension of Time to File. Signed by Judge John W. Sedwick on 1/18/06. (GMM, ) (Entered: 01/18/2006)

Jan. 18, 2006

Jan. 18, 2006

Reset Deadlines as to 19 MOTION for Leave to File. Responses due by 1/20/2006 (GMM, ) (Entered: 01/18/2006)

Jan. 18, 2006

Jan. 18, 2006

27

RESPONSE in Opposition re 19 MOTION for Leave to File Amended Complaint filed by United Freight & Transport Incorporated. (Attachments: # 1 Exhibit Excerpts from the Depo of William Smith# 2 Exhibit Excerpt from Collective Bargaining Agreement# 3 Exhibit Dispatch record dated September 19, 2003# 4 Exhibit Excerpts from Depo of Michael Killian# 5 Exhibit Excerpt from Depo of Janice Mansfield# 6 Exhibit Depo of Frank Monfrey Part 1# 7 Exhibit Depo of Frank Monfrey Part 2# 8 Exhibit Dispatch Record dated September 18, 2003# 9 Exhibit September 26, 2003 memo from Michael Killian# 10 Exhibit October 2, 2003 letter to Frank Monfrey from Michael Jones# 11 Exhibit October 6, 2003 letter to Michael Jones from Frank Monfrey# 12 Exhibit October 16, 2003 Dispatch Record# 13 Exhibit October 2, 2003 letter to Frank Monfrey from Michael Jones# 14 Exhibit November 26, 2003 letter to Michael Jones from Frank Monfrey and November 26, 2003 letter from Michael Jones to Frank Monfrey# 15 Exhibit EEOC Complaint# 16 Text of Proposed Order)(Leukuma, Wendy) (Entered: 01/20/2006)

Jan. 20, 2006

Jan. 20, 2006

Set Deadlines as to 19 MOTION for Leave to File. Replies due by 1/30/2005. (PRR) (Entered: 01/23/2006)

Jan. 20, 2006

Jan. 20, 2006

28

MINUTE ORDER: By agreement of the judges, this case is hereby re-assigned to the Honorable Timothy M. Burgess for all further proceedings. (JAG) (Entered: 01/24/2006)

Jan. 23, 2006

Jan. 23, 2006

29

First MOTION for Extension of Time to File Response/Reply as to 27 Response in Opposition to Motion by Shotsay Posciri. (Attachments: # 1 Proposed Order)(Legacki, Kenneth) Modified on 1/26/2006 to add relationship to motion for leave to file at dkt 19 (PLD). (Entered: 01/26/2006)

Jan. 26, 2006

Jan. 26, 2006

30

ORDER granting 29 Motion for Extension of Time to File Response/Reply re 19 MOTION for Leave to File Amended Complaint. Reply due by 2/6/2006. (PLD) (Entered: 01/27/2006)

Jan. 27, 2006

Jan. 27, 2006

31

REPLY to Response to Motion re 19 MOTION for Leave to File Amended Complaint filed by Shotsay Posciri. (Attachments: # 2 Exhibit 1 # 3 Exhibit 2 # 4 Exhibit 3 # 5 Exhibit 4 pgs 1-2 # 6 Exhibit 4 pgs 3-4 # 7 Exhibit 5 # 8 Exhibit 6)(Legacki, Kenneth) Additional attachment(s) added on 2/6/2006 (CLW). (Entered: 02/06/2006)

Feb. 6, 2006

Feb. 6, 2006

Docket Annotation re 31 Reply to Response to Motion, docket modified to reflect the addition of Exhibits 1-6 which filer was unable to load electronically. Help Desk later added exhibits successfully.(CLW) (Entered: 02/06/2006)

Feb. 6, 2006

Feb. 6, 2006

32

Notice to Counsel re 31 Reply to Response to Motion, filed by Shotsay Posciri,. A review of the document submitted at dkt 31 confirms that it is over 25 pages in length. Counsel is reminded that, pursuant to D.Ak.LR 10.1(b), you are required to provide the court with a COURTESY copy of your filing at dkt 31. (DPM, ) (Entered: 02/07/2006)

Feb. 7, 2006

Feb. 7, 2006

33

NOTICE OF FILING SIGNED AFFIDAVIT OF MICHAEL KILLIAN by Kenneth W. Legacki on behalf of Shotsay Posciri re 31 Reply to Response to Motion, (Attachments: # 1 Affidavit Signed Affidavit of Michael Killian)(Legacki, Kenneth) (Entered: 02/08/2006)

Feb. 8, 2006

Feb. 8, 2006

34

STIPULATION TO EXTEND DATE FOR CLOSE OF DISCOVERY by Shotsay Posciri. (Attachments: # 1 Proposed Order)(Legacki, Kenneth) (Entered: 03/08/2006)

March 8, 2006

March 8, 2006

35

ORDER granting 34 Stipulation to Extend Close of Discovery. Discovery shall be completed on or before June 30, 2006. The parties are advised that further extension of time in this matter will not be viewed in a favorable light. (EKS) (Entered: 04/19/2006)

April 19, 2006

April 19, 2006

Reset Deadlines: Discovery due by 6/30/2006. (EKS) (Entered: 04/19/2006)

April 19, 2006

April 19, 2006

36

NOTICE Unavailability by Teri L. Healy on behalf of Equal Employment Opportunity Commission (Healy, Teri) (Entered: 04/20/2006)

April 20, 2006

April 20, 2006

37

AFFIDAVIT re 36 Notice (Other) CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission. (Healy, Teri) (Entered: 04/21/2006)

April 21, 2006

April 21, 2006

38

ORDER REQUIRING STATUS REPORT FOR CASES REASSIGNED TO THE HONORABLE TIMOTHY M. BURGESS: Counsel shall review the attached pdf order and respond accordingly. Required Notice or Status Report due by 5/22/2006. (SRL, ) (Entered: 05/08/2006)

May 8, 2006

May 8, 2006

39

ORDER re: Motion to Amend Complaint. It is hereby ordered as follows: 1. Posciri's Motion to Amend Complaint 19 is GRANTED. Posciri shall file her Amended Complaint no later than May 22, 2006. 2. If Defendant wishes to further litigate the statute of limitaions issue via a Motion to Dismiss, such Motion shall be filed no later than June 12, 2006. 3. No additional deadlines shall be extended absent express permission of the Court. Signed by Judge Timothy M. Burgess on 5/12/2006. (EKS) (Entered: 05/12/2006)

May 12, 2006

May 12, 2006

40

MOTION to Bifurcate Motion for Rule of Law of the Case Re: Punitive Damage Evidence by United Freight & Transport Incorporated. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B# 3 Exhibit Exhibit C# 4 Exhibit Exhibit D# 5 Exhibit Exhibit E# 6 Exhibit Exhibit F# 7 Exhibit Exhibit G# 8 Exhibit Exhibit H# 9 Exhibit Exhibit I# 10 Text of Proposed Order proposed order# 11 Appendix Table of Contents to Exhibits A - I)(Leukuma, Wendy) (Entered: 05/19/2006)

May 19, 2006

May 19, 2006

41

AFFIDAVIT re 40 MOTION to Bifurcate Motion for Rule of Law of the Case Re: Punitive Damage Evidence Affidavit of Frank Monfrey by United Freight & Transport Incorporated. (Leukuma, Wendy) (Entered: 05/19/2006)

May 19, 2006

May 19, 2006

42

AFFIDAVIT re 40 MOTION to Bifurcate Motion for Rule of Law of the Case Re: Punitive Damage Evidence Affidavit of Counsel by United Freight & Transport Incorporated. (Leukuma, Wendy) (Entered: 05/19/2006)

May 19, 2006

May 19, 2006

43

Notice to Counsel re 40 MOTION to Bifurcate Motion for Rule of Law of the Case Re: Punitive Damage Evidence filed by United Freight & Transport Incorporated,. A review of the document submitted at dkt 40 confirms that it is over 25 pages in length. Counsel is reminded that, pursuant to D.Ak.LR 10.1(b), you are required to provide the court with a COURTESY paper copy of your filing at dkt 40. (PLD) (Entered: 05/22/2006)

May 22, 2006

May 22, 2006

44

ANSWER to Intervenor Complaint by United Freight & Transport Incorporated.(Leukuma, Wendy) Modified on 5/24/2006 to update linkage to Intervenor's Amended Complaint at docket 46 (EKS). (Entered: 05/23/2006)

May 23, 2006

May 23, 2006

45

STATUS REPORT (Joint) by Equal Employment Opportunity Commission. (Legacki, Kenneth) (Entered: 05/23/2006)

May 23, 2006

May 23, 2006

46

AMENDED COMPLAINT in Intervention against United Freight & Transport Incorporated, filed by Shotsay Posciri.(Legacki, Kenneth) (Entered: 05/24/2006)

May 24, 2006

May 24, 2006

48

Joint STIPULATION Consent Decree by Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order)(Healy, Teri) (Entered: 06/23/2006)

June 23, 2006

June 23, 2006

49

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 48 Joint STIPULATION Consent Decree and Proposed Order (Healy, Teri) (Entered: 06/23/2006)

June 23, 2006

June 23, 2006

50

NOTICE TO EMPLOYEES by Teri L. Healy on behalf of Equal Employment Opportunity Commission re 48 Joint STIPULATION Consent Decree (Healy, Teri) (Entered: 06/23/2006)

June 23, 2006

June 23, 2006

51

ERRATA by Equal Employment Opportunity Commission 48 Joint STIPULATION Consent Decree filed by Equal Employment Opportunity Commission,, 49 Certificate of Service filed by Equal Employment Opportunity Commission,. (Attachments: # 1 Errata Filing New Notice to Employees)(Healy, Teri) (Entered: 06/27/2006)

June 27, 2006

June 27, 2006

52

ORDER Approving Consent Decree. The consent decree at docket 48 is approved as the final decree of this Court in full settlement of this action. This lawsuit is dismissed with prejudice and without costs or attorneys' fees to any party. This court retains jurisdiction for purposes of enforcing the consent decree. Signed by Judge Timothy M. Burgess on 7/3/2006. (EKS) (Entered: 07/03/2006)

July 3, 2006

July 3, 2006

Case Details

State / Territory: Alaska

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

IWPR/Wage Project Consent Decree Study

Multi-LexSum (in sample)

Key Dates

Filing Date: June 1, 2005

Closing Date: July 3, 2010

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

United Freight & Transport, Inc., Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

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: 95000

Order Duration: 2006 - 2010

Content of Injunction:

Develop anti-discrimination policy

Expungement of Employment Record

Discrimination Prohibition

Other requirements regarding hiring, promotion, retention

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Hiring

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit