Case: EEOC v. CON-WAY WESTERN EXPRESS, INC.

2:01-cv-00171 | U.S. District Court for the Eastern District of California

Filed Date: Jan. 1, 2001

Closed Date: Oct. 1, 2001

Clearinghouse coding complete

Case Summary

In January 2001, the EEOC's San Francisco office filed this suit in the U.S. District Court for the Eastern District of California alleging that defendant Con-Way Western Express violated Title VII of the Civil Rights Act of 1964 when it failed to provide a reasonable religious accommodation for an employee and then retaliated against that employee by first suspending and then firing him. The aggrieved party successfully intervened in the case early and the case was referred to Early Neutral Evaluation which did not prove fruitful. Following a stipulated protective order and a small skirmish over an interrogatory question, the parties reached two separate settlement agreements in October 2001 and the case was dismissed with prejudice. The EEOC and the defendant agreed that the defendant would provide a training program for its supervisory employees. The intervenor and defendant reached a confidential settlement agreement.

Summary Authors

Tony Friedman (7/13/2007)

Documents in the Clearinghouse

Document

2:01-cv-00171

Docket [PACER]

EEOC v. Con-Way Western Express, Inc.

Oct. 11, 2001

Oct. 11, 2001

Docket
20

2:01-cv-00171

Order

EEOC v. Con-Way Western Express, Inc.

July 30, 2001

July 30, 2001

Order/Opinion

2:01-cv-00171

Settlement Agreement

EEOC v. Con-Way Western Express, Inc.

Oct. 2, 2001

Oct. 2, 2001

Settlement Agreement
26

2:01-cv-00171

Stipulation & Order of Dismissal with Prejudice

EEOC v. Con-Way Western Express, Inc.

Oct. 2, 2001

Oct. 2, 2001

Order/Opinion

Resources

Docket

Last updated March 27, 2024, 3 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Employment Discrimination; jury demand, fee status waived, assigned to Honorable Lawrence K. Karlton referred to Magistrate Judge John F. Moulds (ndd) (Entered: 01/26/2001)

Jan. 25, 2001

Jan. 25, 2001

2

ORDER setting scheduling conference for 11:00 4/9/01 before Honorable Lawrence K. Karlton (ndd) (Entered: 01/26/2001)

Jan. 25, 2001

Jan. 25, 2001

3

PROOF OF SERVICE by plaintiff Equal Employment of order setting status (pretrial scheduling) conference [2-1], other case opening documents, and a proof of waiver of service (bd) (Entered: 03/05/2001)

March 1, 2001

March 1, 2001

4

ANSWER by defendant Con-Way Western (hk) (Entered: 03/28/2001)

March 27, 2001

March 27, 2001

5

JOINT STATUS REPORT (ndd) (Entered: 04/02/2001)

March 30, 2001

March 30, 2001

6

MINUTES of scheduling conference before Honorable Lawrence K. Karlton; pretrial conference set for 1:30 4/22/02; jury trial set for 10:00 8/6/02 (bd) (Entered: 04/10/2001)

April 9, 2001

April 9, 2001

7

STATUS (PRETRIAL SCHEDULING) ORDER by Honorable Lawrence K. Karlton ORDERING that except as provided herein, no further joinder of parties or amendments to pleadings is permitted except with leave of court; plt is granted 15 days to file his complaint ; discovery ddl set for 10/15/02 motion filing ddl set for 1/15/02 pretrial conference set for 1:30 4/27/02 jury trial set for 10:00 8/6/02 , Case REFERRED to ENE (cc: all counsel) (ndd) (Entered: 04/12/2001)

April 12, 2001

April 12, 2001

8

INTERVENOR'S COMPLAINT by intervenor Sioeli Silafau; jury trial demand (bd) Modified on 04/24/2001 (Entered: 04/24/2001)

April 23, 2001

April 23, 2001

9

LETTER to court from counsel for plaintiff Equal Employment stating parties have agreed on Alvin R Wohl as neutral (old) (Entered: 05/03/2001)

May 3, 2001

May 3, 2001

10

COURT LETTER from J Del Pero Alvin R Wohl appointed as Neutral, VDRP follow up report due by 9/3/01 ; (cc: counsel) (old) (Entered: 05/03/2001)

May 3, 2001

May 3, 2001

12

ANSWER by defendant Con-Way Western (ndd) (Entered: 05/30/2001)

May 29, 2001

May 29, 2001

LODGED Stipulated Protective Order by plaintiff Equal Employment, defendant Con-Way Western, intervenor Sioeli Silafau (kf) (Entered: 06/11/2001)

June 8, 2001

June 8, 2001

13

PROOF OF SERVICE by intervenor Sioeli Silafau of lodged stipulated protective order (kf) (Entered: 06/11/2001)

June 8, 2001

June 8, 2001

14

STIPULATED PROTECTIVE ORDER by Magistrate Judge John F. Moulds: any papers to be filed w/ the Court that are designated as Confidential, shall be labeled "Confidential" and be filed under seal unless waived by the party; any documents filed under seal shall be kept under seal until further order of the Court; the terms of this Order shall survive the final termination of this action and shall be binding on the parties thereafter to the extent that the information contained in the Confidential Info produced is not or does not become known to the public, and the Court shall retain jurisdiction to resolve any dispute concerning the use of info disclosed hereunder; w/in thirty days of the termination of this case, counsel shall destroy or return to opposing counsel all Confidential Info obtained by the parties or counsel during the course of this lawsuit; this Order is subject to modification pursuant to stip and/or further order of the Court (cc: all counsel) (old) (Entered: 06/13/2001)

June 13, 2001

June 13, 2001

15

NOTICE OF MOTION AND MOTION to compel by plaintiff Motion Hearing Set for 10:00 7/26/01 (kf) (Entered: 06/19/2001)

June 18, 2001

June 18, 2001

16

DISCOVERY DOCUMENTS filed by intervenor Sioeli Silafau (kf) (Entered: 06/19/2001)

June 18, 2001

June 18, 2001

17

ORDER by John F Moulds Magistrate Judge ORDERING that re discovery motion by plaintiff [15-1], the joint stipulation required under Local Rule 37-251 shall be filed no later than 7/19/01 (cc: all counsel) (old) (Entered: 07/06/2001)

July 6, 2001

July 6, 2001

18

JOINT STATEMENT by plaintiff, defendant, re discovery disagreement [15-1] (ds) (Entered: 07/26/2001)

July 25, 2001

July 25, 2001

19

MINUTES of motion hearing before Magistrate Judge John F. Moulds re the motion to compel by plaintiff [15-1] TERMINATED; arguments; dft will answer interrogatory #9 in all respects w/in 20 days; order to issue; no expenses awarded (old) (Entered: 07/27/2001)

July 26, 2001

July 26, 2001

25

NOTICE of completion of VDRP by Alvin R Wohl , party VDRP terminated, VDRP ddls terminated (old) (Entered: 09/19/2001)

July 26, 2001

July 26, 2001

20

ORDER by John F Moulds Magistrate Judge ORDERING motion to compel by plaintiff [15-1] GRANTED; dft to answer interrogatory #9 in all respects within 20 days from 7/27/01 the dft's answer is to be used for litigation purposes only each party bears its own costs of the motion (cc: all counsel) (ak) Modified on 07/30/2001 (Entered: 07/30/2001)

July 30, 2001

July 30, 2001

21

NOTICE of Substitution of counsel by plaintiff Equal Employment requesting to serve lead attorney Cheri L Ho (ndd) (Entered: 08/02/2001)

Aug. 1, 2001

Aug. 1, 2001

23

MINUTES before Honorable Lawrence K. Karlton: settlement conference set for 9:00 8/29/01 before Honorable David F Levi courtroom # 7 (pw) (Entered: 08/27/2001)

Aug. 24, 2001

Aug. 24, 2001

24

MINUTES of settlement conference before Honorable David F. Levi settlement conference held on 8/29/01 ; case not settled; C/R N/A (hk) (Entered: 08/30/2001)

Aug. 29, 2001

Aug. 29, 2001

LODGED Stipulation and Order re Dismissal (ndd) (Entered: 09/28/2001)

Sept. 27, 2001

Sept. 27, 2001

26

STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE by Honorable Lawrence K. Karlton case TERMINATED (cc: all counsel) (as) (Entered: 10/02/2001)

Oct. 2, 2001

Oct. 2, 2001

LODGED Stip and Order for dismissal with prejudice of Complaint-in-intervention (old) (Entered: 10/11/2001)

Oct. 10, 2001

Oct. 10, 2001

27

STIPULATION AND ORDER by Honorable Lawrence K. Karlton dismissing w/ prejudice complaint-in-intervention filed by Sioeli V Silafau GRANTED; complaint-in-intervention [8-1] DISMISSED (cc: all counsel) (old) (Entered: 10/11/2001)

Oct. 11, 2001

Oct. 11, 2001

Case Details

State / Territory: California

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Jan. 1, 2001

Closing Date: Oct. 1, 2001

Case Ongoing: No

Plaintiffs

Plaintiff Description:

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

Plaintiff Type(s):

Private Plaintiff

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Con-Way Western Express, Private Entity/Person

Case Details

Causes of Action:

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

Available Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Order Duration: 2001 - 2002

Content of Injunction:

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Issues

General:

Retaliation

Discrimination-area:

Disparate Treatment

Accommodation / Leave

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Religion discrimination

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit