Case: EEOC v. AIRBORNE EXPRESS

2:98-cv-01471 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: March 20, 1998

Closed Date: June 18, 1999

Clearinghouse coding complete

Case Summary

The Philadelphia Office of the EEOC filed this action in the U.S. District Court for the Eastern District of Pennsylvania. The Defendant was Airborne Express, shipper of personal and commercial goods. The controversy involved alleged harassment on the basis of race and retaliation by the defendant in violation of Title VII of the Civil Rights Act of 1964. The lawsuit was filed in March of 1998 and was resolved when the court dismissed the case with prejudice in June 1999 because the parties settled. The defendant filed numerous motions to compel discovery and the defendant filed a motion for summary judgment, which was not resolved. There is no information regarding the settlement or the details of the complaint.

Summary Authors

Kevin Wilemon (7/21/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/10745846/parties/equal-employment-v-airborne-express/


Judge(s)

Waldman, Jay Carl (Pennsylvania)

Attorney for Plaintiff

FLOWERS, WANDA (Pennsylvania)

MCNAIR, JACQUELINE H. (Pennsylvania)

RHODES, BRIAN MATTHEW (Pennsylvania)

Attorney for Defendant

ERWIN, SHARON M. (Pennsylvania)

Documents in the Clearinghouse

Documents in this case

2:98-cv-01471

Docket (PACER)

Equal Employment v. Airborne Express

April 13, 2006

April 13, 2006

Docket
24

2:98-cv-01471

Memorandum Order

EEOC v. Airborne Express

Feb. 23, 1999

Feb. 23, 1999

Order/Opinion

1999 WL 124380

30

2:98-cv-01471

Memorandum Order

EEOC v. Airborne Exp.

April 20, 1999

April 20, 1999

Order/Opinion

1999 WL 236736

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/10745846/equal-employment-v-airborne-express/

Last updated Sept. 30, 2026, 1:12 a.m.

Docket for: EQUAL EMPLOYMENT v. AIRBORNE EXPRESS
ECF Number Date Description Link
1 March 20, 1998

Complaint. (aam) (Entered: 03/23/1998)

RECAP
March 20, 1998

Summons(es) issued; 1 original mailed to: Counsel 3/20/98 (aam) (Entered: 03/23/1998)

PACER
March 20, 1998

Demand for jury trial by PLAINTIFF EQUAL EMPLOYMENT. (aam) (Entered: 03/23/1998)

PACER
March 20, 1998

Standard Case Management Track. (aam) (Entered: 03/23/1998)

PACER
March 20, 1998

Summons(es) issued; 1 original mailed to: Counsel 3/20/98 (aam)

March 20, 1998

Demand for jury trial by PLAINTIFF EQUAL EMPLOYMENT. (aam)

March 20, 1998

Standard Case Management Track. (aam)

2 April 7, 1998

Affidavit of: GERALD TAYLOR re: served summons and complaint upon JAMES POPE, PHILADELPHIA TERMINAL MANAGER, ON BEHALF OF DEFENDANT AIRBORNE EXPRESS . Served by: PERSONAL SERVICE on 3/31/98 . (jl) Modified on 04/08/1998 (Entered: 04/07/1998)

RECAP
3 April 15, 1998

Appearance of SHARON M. ERWIN for DEFENDANT AIRBORNE EXPRESS; jury demand, Certificate of Service. (adr) (Entered: 04/15/1998)

RECAP
4 April 16, 1998

Stipulation extending time to answer the complaint. Answer due on 5/1/98 for AIRBORNE EXPRESS, with Clerk's approval. (adr) (Entered: 04/17/1998)

RECAP
5 May 1, 1998

Answer to Complaint by DEFENDANT AIRBORNE EXPRESS (Attorney SHARON M. ERWIN); jury demand, Certificate of Service. (adr) (Entered: 05/04/1998)

RECAP
May 1, 1998

ISSUE JOINED. (adr) (Entered: 05/04/1998)

PACER
May 1, 1998

ISSUE JOINED. (adr)

6 June 3, 1998

SCHEDULING ORDER SETTING TRIAL POOL DEADLINE FOR 3/1/99; DISCOVERY SHALL BE COMPLETED BY 1/20/99, ETC. IN THE EVENT A DEPOSITION IS TO BE OFFERED, THE OFFERING PARTY SHALL FILE WITH THE COURT, PRIOR TO THE COMMENCEMENT OF THE TRIAL, A COPY OF THE DEPOSITION TRANSCRIPT, ETC. ( SIGNED BY JUDGE JAY C. WALDMAN ) 6/4/98 ENTERED AND COPIES MAILED. (kw) (Entered: 06/04/1998)

RECAP
7 July 23, 1998

MOTION by DEFENDANT AIRBORNE EXPRESS TO COMPEL UNTIMELY DISCOVERY RESPONSES AND SELF-EXECUTING DISCLOSURE, CERTIFICATE OF SERVICE. (adr) (Entered: 07/24/1998)

RECAP
8 Aug. 6, 1998

Letter to Judge Waldman from Shron M. Erwin, Esq. re: Deft Airborne Express withdraws motion to compel, etc. (mc) (Entered: 08/07/1998)

RECAP
9 Aug. 13, 1998

ORDER THAT DEFT'S MOTION TO COMPEL UNTIMELY DISCOVERY RESPONSES AND SELF-EXECUTING DISCLOSURE IS DENIED AS MOOT. (SIGNED BY JUDGE JAY C. WALDMAN) 8/14/98 ENTERED AND COPIES MAILED. (adr) Modified on 08/14/1998 (Entered: 08/14/1998)

RECAP
10 Aug. 13, 1998

Notice by DEFENDANT AIRBORNE EXPRESS of withdrawal of Motion to Compel & Cert. of Service. (lm) (Entered: 08/14/1998)

RECAP
11 Dec. 31, 1998

MOTION by PLAINTIFF EQUAL EMPLOYMENT TO EXTEND TIME FOR EXTENSION OF TIME TO COMPLETE DISCOVERY AND RESCHEDULING OF TRIAL DATE, CERTIFICATE OF SERVICE. (adr) (Entered: 01/04/1999)

RECAP
12 Dec. 31, 1998

MOTION by PLAINTIFF EQUAL EMPLOYMENT FOR PROTECTIVE ORDER AGAINST DEFT'S DEPOSITION NOTICE OF EEOC PERSONNEL, MEMORANDUM. (adr) (Entered: 01/04/1999)

RECAP
13 Jan. 11, 1999

MOTION by DEFENDANT AIRBORNE EXPRESS TO COMPEL ANSWERS TO INTERROGATORIES AND PRODUCTION OF DOCUMENTS, MEMORANDUM, CERTIFICATE OF COUNSEL, CERTIFICATE OF SERVICE. (td) (Entered: 01/12/1999)

RECAP
14 Jan. 14, 1999

Response by DEFENDANT AIRBORNE EXPRESS to Plaintiff's MOTION FOR EXTENSION OF TIME, Certificate of Service. (jl) (Entered: 01/15/1999)

RECAP
15 Jan. 15, 1999

Response of Defendant Airborne Express to Plaintiff's Motion for Protective Order Against Defendant's Deposition Notice of EEOC Personnel, Certificate of Service. (dt) (Entered: 01/19/1999)

RECAP
16 Jan. 15, 1999

Memorandum of Law in Support of Opposition of Defendant Airborne Express to Plaintiff's Motion for Protective Order, Certificate of Service. (dt) (Entered: 01/19/1999)

RECAP
17 Jan. 19, 1999

MOTION by DEFENDANT AIRBORNE EXPRESS TO COMPEL, MEMORANDUM, CERTIFICATE OF COUNSEL, CERTIFICATE OF SERVICE. (fe) (Entered: 01/20/1999)

RECAP
18 Jan. 29, 1999

Supplemental Memorandum by DEFENDANT AIRBORNE EXPRESS in support of MOTION TO COMPEL and for Entry of Preclusion order, Certificate of Service. (np) (Entered: 02/01/1999)

RECAP
19 Feb. 8, 1999

Second supplemental Memorandum by DEFENDANT AIRBORNE EXPRESS in support of motions to compel, Certificate of Service. (adr) (Entered: 02/09/1999)

RECAP
Feb. 8, 1999

Request for sanctions by DEFENDANT AIRBORNE EXPRESS. (see paper #19) (adr) (Entered: 02/09/1999)

PACER
Feb. 8, 1999

Request for sanctions by DEFENDANT AIRBORNE EXPRESS. (see paper #19) (adr)

20 Feb. 17, 1999

MOTION by DEFENDANT AIRBORNE EXPRESS FOR LEAVE TO IDENTIFY EXPERT WITNESS,and/or SCHEDULE PSYCHIATRIC EXAMINTATION, MEMORANDUM, CERTIFICATE OF SERVICE. (jl) (Entered: 02/18/1999)

RECAP
21 Feb. 17, 1999

Response by PLAINTIFF EQUAL EMPLOYMENT in opposition to Defendant's MOTION TO COMPEL DISCOVERY AND REQUEST FOR THE IMPOSITION OF SANCTIONS, Certificate of Service. (jl) (Entered: 02/18/1999)

RECAP
22 Feb. 19, 1999

ORDER THAT DEFT'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS UPON WHICH DEPONENT QUESTIONED IS GRANTED IN PART IN THAT PLFF SHALL WITHIN 10 DAYS PRODUCE THE DOCUMENT OR DOCUMENTS FROM WHICH COUNSEL FOR PLFF WAS QUOTING DURING HIS DEPOSITION OF MR. SUTTON, OR IDENTIFY AND DESCRIBE SUCH DOCUMENT OR DOCUMENTS, AND SAID MOTION IS OTHERWISE DENIED. (SIGNED BY JUDGE JAY C. WALDMAN) 2/19/99 ENTERED AND COPIES MAILED. (adr) (Entered: 02/19/1999)

RECAP
23 Feb. 19, 1999

ORDER THAT PLFF'S MOTION FOR EXTENSION OF TIME TO COMPLETE DISCOVERY AND RESCHEDULING OF TRIAL DATE IS GRANTED IN THAT THE DISCOVERY DEADLINE IS EXTENDED TO 4/1/99 AND THE CASE WILL BE PLACED IN THE TRIAL POOL OF 6/1/99 . (SIGNED BY JUDGE JAY C. WALDMAN) 2/19/99 ENTERED AND COPIES MAILED. (adr) (Entered: 02/19/1999)

RECAP
24 Feb. 23, 1999

MEMORANDUM AND ORDER THAT PLFF EEOC'S MOTION FOR A PROTECTIVE ORDER IS DENIED WITHOUT PREJUDICE TO THE EEOC PROPERLY AND IN GOOD FAITH TO ASSERT ANY APPLICABLE PRIVILEGE IN RESPONSE TO PARTICULAR DEPOSITION QUESTIONS OR DOCUMENT REQUESTS. (SIGNED BY JUDGE JAY C. WALDMAN) 2/24/99 ENTERED AND COPIES MAILED. (adr) (Entered: 02/24/1999)

RECAP
25 Feb. 26, 1999

Praecipe by DEFENDANT AIRBORNE EXPRESS to withdraw motion for leave to identify expert witness and/or schedule psychiatric examination, certificate of service. (adr) (Entered: 03/01/1999)

RECAP
26 March 11, 1999

Reply by DEFENDANT AIRBORNE EXPRESS to plff's response in opposition to deft's motion to compel discovery and for the imposition of sanctions, certificate of service. (adr) (Entered: 03/12/1999)

RECAP
27 March 26, 1999

MOTION by DEFENDANT AIRBORNE EXPRESS TO COMPEL PRODUCTION OF WRONGFULLY WITHHELD DOCUMENT AND FOR SANCTIONS, MEMORANDUM, CERTIFICATE OF COUNSEL, CERTIFICATE OF SERVICE. (EXHIBIT FILED UNDER SEAL) (adr) Modified on 03/29/1999 (Entered: 03/29/1999)

RECAP
28 April 5, 1999

Memorandum by PLAINTIFF EQUAL EMPLOYMENT in opposition to Defendant's MOTION TO COMPEL DISCOVERY AND REQUEST FOR SANCTIONS, Certificate of Service. (jl) (Entered: 04/08/1999)

RECAP
29 April 15, 1999

ORDER THAT DEFT'S MOTION FOR LEAVE TO IDENTIFY EXPERT WITNESS AND/OR SCHEDULE PSYCHIATRIC EXAMINATION IS DENIED AS MOOT. (SIGNED BY JUDGE JAY C. WALDMAN) 4/15/99 ENTERED AND COPIES MAILED. (adr) (Entered: 04/15/1999)

RECAP
30 April 20, 1999

MEMORANDUM AND ORDER THAT DEFT'S MOTION TO COMPEL DISCOVERY AND FOR SANCTIONS IS GRANTED IN PART IN THAT WITHIN 7 DAYS PLFF SHALL PRODUCE TO DEFT A COPY OF THE PORTION OF THE NOTES OF MR. WILKINS WHICH PURPORTS TO DESCRIBE ANY INCIDENTS OF DISCRIMINATORY COMMENTS, ETC., AND SAID MOTION IS OTHERWISE DENIED. (SIGNED BY JUDGE JAY C. WALDMAN) 4/21/99 ENTERED AND COPIES MAILED. (adr) (Entered: 04/21/1999)

RECAP
31 May 3, 1999

Plaintiff's Pretrial Memorandum. (adr) (Entered: 05/04/1999)

RECAP
32 May 11, 1999

Defendant's Pretrial Memorandum, Certificate of Service. (adr) (Entered: 05/12/1999)

RECAP
33 May 14, 1999

MOTION by DEFENDANT AIRBORNE EXPRESS FOR SUMMARY JUDGMENT, MEMORANDUM, CERTIFICATE OF SERVICE, APPENDIX. (jl) (Entered: 05/17/1999)

RECAP
34 May 20, 1999

ORDER THAT DEFT'S MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND PRODUCTION OF DOCUMENTS IS DENIED AS MOOT WITHOUT PREJUDICE, ETC. (SIGNED BY JUDGE JAY C. WALDMAN) 5/20/99 ENTERED AND COPIES MAILED. (adr) (Entered: 05/20/1999)

RECAP
35 May 24, 1999

MOTION by DEFENDANT AIRBORNE EXPRESS TO EXTEND TIME TO RESPOND TO DEFT'S MOTION FOR SUMMARY JUDGMENT, CERTIFICATE OF SERVICE. (adr) Modified on 05/27/1999 (Entered: 05/25/1999)

RECAP
36 May 25, 1999

Requested Voir dire questions by DEFENDANT AIRBORNE EXPRESS Certificate of Service. (adr) (Entered: 05/26/1999)

RECAP
37 May 25, 1999

Proposed Points for Charge by DEFENDANT AIRBORNE EXPRESS Certificate of Service. (adr) (Entered: 05/26/1999)

RECAP
38 May 25, 1999

Response by DEFENDANT AIRBORNE EXPRESS to plff's MOTION for extension of TIME TO RESPOND TO DEFT'S MOTION FOR SUMMARY JUDGMENT, Certificate of Service. (adr) (Entered: 05/26/1999)

RECAP
39 May 27, 1999

ORDER THAT PLFF'S MOTION TO EXTEND TIME TO RESPOND TO DEFT'S MOTION FOR SUMMARY JUDGMENT IS GRANTED IN THAT PLFF SHALL HAVE UNTIL 6/11/99 TO RESPOND TO DEFT'S MOTION FOR SUMMARY JUDGMENT . (SIGNED BY JUDGE JAY C. WALDMAN) 5/27/99 ENTERED AND COPIES MAILED. (adr) (Entered: 05/27/1999)

RECAP
40 May 27, 1999

MOTION by DEFENDANT AIRBORNE EXPRESS IN LIMINE TO PRECLUDE EVIDENCE OF ALLEGED EMOTIONAL DISTRESS AND/OR PSYCHOLOGICAL DISORDER, MEMORANDUM, CERTIFICATE OF SERVICE. (adr) (Entered: 05/28/1999)

RECAP
41 June 9, 1999

MOTION by PLAINTIFF EQUAL EMPLOYMENT REQUESTING 60-DAY ORDER, CERTIFICATE OF SERVICE. (np) (Entered: 06/09/1999)

RECAP
42 June 10, 1999

Notice of withdrawal of motion requesting 60 day order by PLAINTIFF EQUAL EMPLOYMENT, certificate of service. (adr) (Entered: 06/10/1999)

RECAP
43 June 11, 1999

ORDER THAT PLFF'S MOTION REQUESTIG 60 DAY ORDER IS DENIED AS MOOT; AND, THE DATE BY WHICH PLFF SHALL FILE ANY RESPONSE TO DEFT'S OUTSTANDING SUMMARY JUDGMENT MOTION IS EXTENDED FOR A FINAL TIME TO 6/18/99 . (SIGNED BY JUDGE JAY C. WALDMAN) 6/11/99 ENTERED AND COPIES MAILED; COPIES FAXED FROM CHAMBERS. (adr) (Entered: 06/11/1999)

RECAP
44 June 11, 1999

Letter dated 6/10/99 from Brian Rhodes to Judge Waldman re: withdrawal of motion requesting 60 day order. (adr) (Entered: 06/11/1999)

RECAP
45 June 11, 1999

Letter dated 6/10/99 from Brian Rhodes to Judge Waldman re: addendum to the Commission's Notice of withdrawal of motion requesting 60 day order. (adr) (Entered: 06/11/1999)

RECAP
46 June 18, 1999

Letter dated 6/14/99 from Brian Rhodes, Esq. to Judge Waldman re: deposition of Rodney Wilkins. (adr) (Entered: 06/18/1999)

RECAP
47 June 18, 1999

ORDER DISMISSING ACTION WITH PREJUDICE PURSUANT TO LOCAL RULE 41.1(b). SIGNED BY JUDGE JAY C. WALDMAN 6/18/99 ENTERED AND COPIES MAILED. (adr) (Entered: 06/18/1999)

RECAP
June 18, 1999

Case closed (kv) (Entered: 06/29/1999)

PACER
June 18, 1999

Case closed (kv)

48 Dec. 21, 2005

Notice to Counsel re: Local Rule 5.1.5. (sc, ) Additional attachment(s) added on 8/21/2007 (eibo, ). (Entered: 12/21/2005)

RECAP
April 13, 2006

Document No. 27 unsealed pursuant to LRCP 5.1.5. (td) (Entered: 04/13/2006)

PACER
April 13, 2006

Document No. 27 unsealed pursuant to LRCP 5.1.5. (td)

Case Details

State / Territory:

Pennsylvania

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: March 20, 1998

Closing Date: June 18, 1999

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

Airborne Express

Case Details

Causes of Action:

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

Other Dockets:

Eastern District of Pennsylvania 2:98-cv-01471

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Issues

General/Misc.:

Retaliation

Discrimination Area:

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination Basis:

Race discrimination

Affected Race(s):

Race, unspecified

EEOC-centric:

Direct Suit on Merits

Recommended Citation