Case: EEOC v. THE HEIL COMPANY

4:97-cv-00235 | U.S. District Court for the Northern District of Alabama

Filed Date: Jan. 29, 1997

Closed Date: May 29, 1998

Clearinghouse coding complete

Case Summary

The EEOC's Birmingham district office sued The Heil Company on January 29, 1997 in the U.S. District Court for the Northern District of Alabama. The EEOC alleged that the defendant violated the Americans with Disabilities Act when it discriminated based on perceived disability. The parties entered into a consent decree on May 29, 1998, which stipulated that the defendant would pay the complainant damages pursuant to mediation, post a notice of compliance with the ADA, provide for a hiring process for individuals with disabilities, and report the results of this hiring process to the EEOC.

Summary Authors

Aaron Weismann (7/17/2007)

Documents in the Clearinghouse

Document

4:97-cv-00235

Docket [PACER]

EEOC v. The Heil Company

May 29, 1998

May 29, 1998

Docket
31

4:97-cv-00235

Order [Regarding Motions for Summary Judgment]

EEOC v. The Heil Company

Feb. 23, 1998

Feb. 23, 1998

Order/Opinion
30

4:97-cv-00235

Memorandum Opinion [Regarding Motions for Summary Judgment]

EEOC v. The Heil Company

Feb. 23, 1998

Feb. 23, 1998

Order/Opinion
38

4:97-cv-00235

Consent Decree

EEOC v. The Heil Company

May 29, 1998

May 29, 1998

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5195827/eeoc-v-the-heil-company/

Last updated Aug. 24, 2022, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with JURY DEMAND, filed, (filing fee not paid) (Former Employee) (Entered: 01/31/1997)

Jan. 29, 1997

Jan. 29, 1997

2

ANSWER by defendant w/appear by atty(s) George P Ford, H Edgar Howard filed cs (Former Employee) (Entered: 02/19/1997)

Feb. 19, 1997

Feb. 19, 1997

3

MOTION by defendant for leave to conduct discovery filed cs (Former Employee) (Entered: 02/19/1997)

Feb. 19, 1997

Feb. 19, 1997

DOCKET modification (utility event) rpt due 4/20/97 (LCW) (Entered: 02/25/1997)

Feb. 19, 1997

Feb. 19, 1997

4

3 - ORDER granting motion for leave to conduct discovery [3-1] ( by Judge C L. Smith Jr ) entered cm (Former Employee) (Entered: 02/20/1997)

Feb. 20, 1997

Feb. 20, 1997

5

NOTICE of appearance for plaintiff by Clarence Bell filed cs (Former Employee) (Entered: 03/10/1997)

March 7, 1997

March 7, 1997

6

MOTION by plaintiff for protective order filed cs (Former Employee) (Entered: 03/10/1997)

March 7, 1997

March 7, 1997

7

ORDER granting motion for protective order [6-1]; filed ( by Judge C L. Smith Jr ) cm (Former Employee) (Entered: 03/10/1997)

March 10, 1997

March 10, 1997

8

Report of Parties (form 35) of compliance with FRCP 26 filed cs (Former Employee) (Entered: 04/03/1997)

April 3, 1997

April 3, 1997

9

ORDER Discovery cutoff 11/14/97 dispositive motions must be filed by 12/15/97. Parties shall be ready for trial by March 1998, filed ( by Judge C L. Smith Jr ) cm (Former Employee) (Entered: 04/03/1997)

April 3, 1997

April 3, 1997

10

SUMMONS and complaint returned executed by USM upon defendant The Heil Company on 4/30/97 filed (Former Employee) (Entered: 05/07/1997)

May 7, 1997

May 7, 1997

11

RETURN of service of Deposition Subpoena served on Dr Zenko Hyrnkiw on 8/6/97, filed (Former Employee) (Entered: 08/12/1997)

Aug. 11, 1997

Aug. 11, 1997

13

Subpoena returned executed: upon Kevin Genelin on 9/19/97 filed (CJV) (Entered: 09/23/1997)

Sept. 23, 1997

Sept. 23, 1997

14

NOTICE of appearance for EEOC by Eunice H Morrow, C Gregory Stewart, Jerome C Rose filed cs (CJV) (Entered: 11/03/1997)

Nov. 3, 1997

Nov. 3, 1997

15

Subpoena service returned executed: upon Linda Ellis on 11/4/97 filed (Former Employee) (Entered: 11/14/1997)

Nov. 12, 1997

Nov. 12, 1997

16

MOTION by defendant for summary judgment filed cs (Former Employee) (Entered: 12/15/1997)

Dec. 15, 1997

Dec. 15, 1997

17

ORDER (Submission) that the motion for summary judgment [16-1] is submitted 1/20/98; movants evidentiary matters to be filed by 12/29/97, movants Brfs Due by 1/5/98, opposing party Brfs Due by 1/20/98, filed ( Judge C L. Smith Jr ) cm (Former Employee) (Entered: 12/15/1997)

Dec. 15, 1997

Dec. 15, 1997

18

MOTION by EEOC for summary judgment filed cs (CJV) (Entered: 12/16/1997)

Dec. 15, 1997

Dec. 15, 1997

19

SUBMISSION of exhibits by EEOC filed cs w/exhs att (CJV) (Entered: 12/16/1997)

Dec. 15, 1997

Dec. 15, 1997

20

STATEMENT of facts by pla in support of motion for summary judgment filed cs (Former Employee) (Entered: 12/17/1997)

Dec. 15, 1997

Dec. 15, 1997

21

ORDER (Submission) that the motion for summary judgment [18-1] is submitted 1/20/98; movantsevidentiary matters to be filed by 12/29/97, movants Brfs Due by 1/5/98, opposing party Reply Brf Due by 1/20/98, filed ( Judge C L. Smith Jr ) cm (Former Employee) (Entered: 12/22/1997)

Dec. 22, 1997

Dec. 22, 1997

22

EVIDENTIARY SUBMISSION in support of motion for summary judgment by defendant filed cs (Former Employee) (Entered: 12/29/1997)

Dec. 29, 1997

Dec. 29, 1997

23

BRIEF in support of summary judgment by dft w/exh att filed cs (Former Employee) (Entered: 01/05/1998)

Jan. 5, 1998

Jan. 5, 1998

24

EVIDENTIARY SUBMISSION by defendant filed cs (Former Employee) (Entered: 01/09/1998)

Jan. 9, 1998

Jan. 9, 1998

25

EVIDENTIARY SUBMISSION by pla in opposition to dfts motion for summary judgment filed cs (Former Employee) (Entered: 01/12/1998)

Jan. 12, 1998

Jan. 12, 1998

26

BRIEF in opposition to motion for summary judgment by defendant filed cs (Former Employee) (Entered: 01/14/1998)

Jan. 14, 1998

Jan. 14, 1998

27

BRIEF by pla in opposition to motion for summary judgment filed cs (Former Employee) (Entered: 01/20/1998)

Jan. 16, 1998

Jan. 16, 1998

28

BRIEF by dft in support of motion for summary judgment filed cs (Former Employee) (Entered: 01/23/1998)

Jan. 23, 1998

Jan. 23, 1998

29

WITNESS and exhibit list by plaintiff filed cs (Former Employee) (Entered: 01/29/1998)

Jan. 29, 1998

Jan. 29, 1998

31

ORDER granting motion for summary judgment [18-1] on the issues of satisfaction of the prerequisites to suit, and proof that Tracey Padgett was regarded as substantially limited in the major life activity of working; denying motion for summary judgment [18-1] on the issue of whether Padgett was a qualified individual with a disability, denying motion for summary judgment [16-1] filed ( by Judge C L. Smith Jr ) cm (Former Employee) (Entered: 02/24/1998)

Feb. 23, 1998

Feb. 23, 1998

32

WITNESS and exhibit list by defendant filed cs (Former Employee) (Entered: 03/13/1998)

March 12, 1998

March 12, 1998

33

OBJECTIONS by plaintiff to [32-1] filed cs (Former Employee) (Entered: 03/19/1998)

March 18, 1998

March 18, 1998

34

OBJECTIONS (amendment to) by plaintiff to [32-1] filed cs (DJG) (Entered: 03/22/1998)

March 20, 1998

March 20, 1998

35

RESPONSE to plaintiff's objection to defendant's exhibit list by defendant filed cs (Former Employee) (Entered: 03/24/1998)

March 23, 1998

March 23, 1998

36

NOTICE of mediation filed by plaintiff, defendant cs (Former Employee) (Entered: 04/27/1998)

April 27, 1998

April 27, 1998

37

Report of Mediator, case successfully mediated on 5/13/98 filed cs (Former Employee) (Entered: 05/15/1998)

May 15, 1998

May 15, 1998

38

ORDER (Consent Decree) terminating case ; each party shall bear own costs filed ( by Judge C L. Smith Jr ) cm (Former Employee) (Entered: 05/29/1998)

May 29, 1998

May 29, 1998

30

MEMORANDUM opinion filed ( by Judge C L. Smith Jr ) cm (Former Employee)

Feb. 23, 1998

Feb. 23, 1998

RECAP

Case Details

State / Territory: Alabama

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Jan. 29, 1997

Closing Date: May 29, 1998

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

The Heil Company (Fort Payne, AL), Private Entity/Person

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Availably Documents:

Trial Court Docket

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

Order Duration: 1998 - 2000

Content of Injunction:

Neutral/Positive Reference

Discrimination Prohibition

Retaliation Prohibition

Other requirements regarding hiring, promotion, retention

Post/Distribute Notice of Rights / EE Law

Reporting

Issues

General:

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits