Case: EEOC v. North Oakland Medical Center

4:05-cv-40272 | U.S. District Court for the Eastern District of Michigan

Filed Date: Aug. 26, 2005

Closed Date: 2008

Clearinghouse coding complete

Case Summary

On August 26, 2005, the Detroit office of the Equal Employment Opportunity Commission filed a lawsuit under the Americans With Disabilities Act against North Oakland Medical Center. The EEOC alleged that the defendants had violated the complainant's rights by refusing to allow her to return to work after she took medical disability leave.On June 22, 2007, the employee's union joined the case as an intervening plaintiff, but subsequently stipulated their dismissal from the case on November 19, …

On August 26, 2005, the Detroit office of the Equal Employment Opportunity Commission filed a lawsuit under the Americans With Disabilities Act against North Oakland Medical Center. The EEOC alleged that the defendants had violated the complainant's rights by refusing to allow her to return to work after she took medical disability leave.

On June 22, 2007, the employee's union joined the case as an intervening plaintiff, but subsequently stipulated their dismissal from the case on November 19, 2007, right before the entry of the consent decree.

On December 11, 2007, the parties entered into a consent decree. Under the consent decree, the defendants agreed to pay the complainant $50,000 in unspecified damages, to reinstate her in her former position, and to restore her to the level of seniority that she would have had if her employment had not been interrupted. They agreed to post notice of the employment laws in a conspicuous place at the workplace.

The defendants agreed to provide ADA training to all of their employees. The defendants agreed to notify the EEOC of the dates when the employee ADA training takes place, including a schedule of what took place and a roster of all employees who attended the training.

The decree was entered in 2007 and scheduled to last 2008. No further docket entries exist, so the case is closed.

Summary Authors

Justin Kanter (4/9/2008)

Documents in the Clearinghouse

Document

4:05-cv-40272

Docket [PACER]

Dec. 17, 2007

Dec. 17, 2007

Docket
1

4:05-cv-40272

Complaint

Aug. 26, 2005

Aug. 26, 2005

Complaint
39

4:05-cv-40272

Consent Decree

Dec. 17, 2007

Dec. 17, 2007

Settlement Agreement

Resources

Docket

Last updated Aug. 9, 2022, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by Equal Employment Opportunity Commission against North Oakland Medical Center.(THal, ) (Entered: 08/26/2005)

Aug. 26, 2005

Aug. 26, 2005

2

ATTORNEY APPEARANCE: Holly C. Beatty appearing on behalf of North Oakland Medical Center.(Beatty, Holly) (Entered: 09/13/2005)

Sept. 13, 2005

Sept. 13, 2005

3

ANSWER to Complaint with Affirmative Defenses by North Oakland Medical Center. (Attachments: # 1 certificate of service)(Beatty, Holly) (Entered: 09/29/2005)

Sept. 29, 2005

Sept. 29, 2005

4

NOTICE TO APPEAR: Scheduling Conference set for 10/31/2005 02:00 PM before Honorable Paul V Gadola. (RCho, ) (Entered: 09/29/2005)

Sept. 29, 2005

Sept. 29, 2005

5

NOTICE of Appearance by Omar Weaver on behalf of Equal Employment Opportunity Commission. (Weaver, Omar) (Entered: 10/03/2005)

Oct. 3, 2005

Oct. 3, 2005

6

STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by North Oakland Medical Center.(Pummell, Carly) (Entered: 10/11/2005)

Oct. 11, 2005

Oct. 11, 2005

7

DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f). (Attachments: # 1 Certificate of Service)(Pummell, Carly) (Entered: 10/14/2005)

Oct. 14, 2005

Oct. 14, 2005

8

SCHEDULING ORDER: Final Pretrial Conference set for 10/30/2006 02:00 PM before Honorable Paul V Gadola. Jury Trial set for 11/6/2006 09:00 AM before Honorable Paul V Gadola. Dispositive Motion Cut-off set for 6/30/2006. Discovery due by 5/31/2006. Signed by Honorable Paul V Gadola. (Refer to image for additional dates)(RCho, ) (Entered: 10/17/2005)

Oct. 17, 2005

Oct. 17, 2005

9

STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by North Oakland Medical Center.(Pummell, Carly) (Entered: 11/15/2005)

Nov. 15, 2005

Nov. 15, 2005

10

NOTICE of Change of Attorney Information by North Oakland Medical Center. (Van Thomme, Carly) (Entered: 12/29/2005)

Dec. 29, 2005

Dec. 29, 2005

11

STIPULATED PROTECTIVE ORDER. Signed by Honorable Paul V Gadola. (RCho, ) (Entered: 01/24/2006)

Jan. 24, 2006

Jan. 24, 2006

13

Defendant North Oakland Medical Centers' Proposed WITNESS LIST by North Oakland Medical Center (Van Thomme, Carly) (Entered: 04/27/2006)

April 27, 2006

April 27, 2006

14

Plaintiff's WITNESS LIST by Equal Employment Opportunity Commission (Weaver, Omar) (Entered: 04/28/2006)

April 28, 2006

April 28, 2006

15

NOTICE of Withdrawal of Attorney Robert K. Dawkins by Equal Employment Opportunity Commission. (Dawkins, Robert) (Entered: 05/26/2006)

May 26, 2006

May 26, 2006

16

NOTICE by Equal Employment Opportunity Commission Notice of Withdrawl of Counsel (Rapport, Adele) (Entered: 06/07/2006)

June 7, 2006

June 7, 2006

17

STIPULATION AND ORDER CLARIFYING DEADLINE FOR DISCLOSURES OF EXPERT TESTIMONY. Signed by Honorable Paul V Gadola. (RBri, ) (Entered: 06/20/2006)

June 19, 2006

June 19, 2006

18

MOTION for Order for Mental Examination of Barbara Poland by North Oakland Medical Center. (Attachments: # 1 Index of Exhibits Index Exhibits# 2 Exhibit A - Order Mental Exam of Barbara Poland# 3 Exhibit B - Complaint# 4 Exhibit C - Excerpts of Dep Transcript of Barbara Poland# 5 Exhibit D - Complaint - OCC #96-526814-NI# 6 Exhibit E - Gaines-Hanna case# 7 Exhibit F - Thiessen case# 8 Exhibit G - Sarko case# 9 Exhibit H - Smith case# 10 Exhibit I - Fox case)(Van Thomme, Carly) (Entered: 06/21/2006)

June 21, 2006

June 21, 2006

19

ORDER REFERRING MOTION to Magistrate Judge Scheer: 18 MOTION for Order for Mental Examination of Barbara Poland filed by North Oakland Medical Center. Signed by Honorable Paul V Gadola. (RBri, ) (Entered: 06/21/2006)

June 21, 2006

June 21, 2006

20

NOTICE of hearing on 18 MOTION for Order for Mental Examination of Barbara Poland . Resolved/Unresolved Issues due by 7/14/2006. Motion Hearing set for 7/18/2006 02:00 PM before Honorable Donald A Scheer. (MLan, ) (Entered: 06/21/2006)

June 21, 2006

June 21, 2006

21

STIPULATION re 18 MOTION for Order for Mental Examination of Barbara Poland to Extend Deadline for Response Brief and Reply Brief by Equal Employment Opportunity Commission.(Weaver, Omar) (Entered: 07/05/2006)

July 5, 2006

July 5, 2006

22

STIPULATED ORDER Extending Response and Reply Dates to 18 MOTION for Order for Mental Examination of Barbara Poland , Response due: 7/7/2006. Reply due: July 14, 2006 Signed by Honorable Donald A Scheer. (MLan, ) (Entered: 07/06/2006)

July 6, 2006

July 6, 2006

23

RESPONSE to 18 MOTION for Order for Mental Examination of Barbara Poland filed by Equal Employment Opportunity Commission. (Attachments: # 1 Index of Exhibits Index of Exhibits# 2 Exhibit Exhibit 1 - Complaint# 3 Exhibit Exhibit 2 - Answers to Defendant's Interrogatories# 4 Exhibit Exhibit 3 - Commissions 2/22/06 Letter# 5 Exhibit Exhibit 4 - Commission's 6/20/06 Letter# 6 Exhibit Exhibit 5 Deposition of Barbara Poland# 7 Exhibit Exhbit 6 Part A - Gaines-Hanna Opinion# 8 Document Continuation Exhibit 6 Part B - Gaines-Hanna Opinion# 9 Exhibit Exhibit 7 - Curriculum Vitae of Dr. Gold# 10 Exhibit Exhibit 8 - LeFave Opinion# 11 Exhibit Exhibit 9 Part A - EEOC Guidance# 12 Document Continuation Exhibit 9 Part B - EEOC Guidance# 13 Document Continuation Exhibit 9 Part C - EEOC Guidance# 14 Document Continuation Exhibit 9 Part D - EEOC Guidance)(Weaver, Omar) (Entered: 07/07/2006)

July 7, 2006

July 7, 2006

24

RESPONSE to 18 MOTION for Order for Mental Examination of Barbara Poland filed by North Oakland Medical Center. (Attachments: # 1 Index of Exhibits # 2 Exhibit Exhibit A - Deposition of Roman Franklin, M.D.# 3 Exhibit Exhibit B - Deposition of Paul M. Gold, D.O.)(Van Thomme, Carly) (Entered: 07/14/2006)

July 14, 2006

July 14, 2006

Minute Entry -Motion Hearing held on 7/19/2006 re 18 MOTION for Order for Mental Examination of Barbara Poland filed by North Oakland Medical Center, before Honorable Donald A Scheer. Disposition: Motion Denied (Tape #DAS 06-073) (MLan, ) (Entered: 07/19/2006)

July 19, 2006

July 19, 2006

25

STIPULATION AND ORDER AMENDING SCHEDULING ORDER FOR PARTIES TO ATTEND FACILITATIVE MEDIATION: Final Pretrial Conference set for 3/19/2007 02:00 PM before Honorable Paul V Gadola. Jury Trial set for 4/2/2007 09:00 AM before Honorable Paul V Gadola. Dispositive Motion Cut-off set for 11/15/2006. Discovery due by 7/31/2006. Signed by Honorable Paul V Gadola. (Refer to image for additional dates)(RBri, ) (Entered: 07/28/2006)

July 28, 2006

July 28, 2006

26

ORDER denying 18 Motion for Order- Signed by Honorable Donald A Scheer. (MLan, ) (Entered: 08/01/2006)

Aug. 1, 2006

Aug. 1, 2006

27

STIPULATION AND ORDER AMENDING SCHEDULING ORDER FOR PARTIES TO FINALIZE SETTLEMENT. Final Pretrial Conference reset for 5/21/2007 02:00 PM before Honorable Paul V Gadola. Jury Trial reset for 6/4/2007 09:00 AM before Honorable Paul V Gadola. Signed by Honorable Paul V Gadola. (RBri) (Entered: 03/15/2007)

March 15, 2007

March 15, 2007

28

NOTICE of Change of Electronic Filing Registration Information by Carly A. Van Thomme on behalf of North Oakland Medical Center. (Van Thomme, Carly) (Entered: 05/14/2007)

May 14, 2007

May 14, 2007

29

CONSENT AND ORDER FOR SUBSTITUTION OF ATTORNEYS. Attorneys Thomas W. Barlow and Angela M. Pippi for North Oakland Medical Center added. Attorney Carly A. Van Thomme terminated. Signed by Honorable Paul V Gadola. (RBri) (Entered: 05/15/2007)

May 15, 2007

May 15, 2007

30

STIPULATION AND ORDER AMENDING SCHEDULING ORDER FOR PARTIES TO FINALIZE SETTLEMENT: Final Pretrial Conference set for 6/25/2007 02:00 PM before Honorable Paul V Gadola , Jury Trial set for 7/2/2007 09:00 AM before Honorable Paul V Gadola. Signed by Honorable Paul V Gadola. (Refer to image for additional dates) (RBri) (Entered: 05/16/2007)

May 16, 2007

May 16, 2007

31

[FILING ERROR: EXHIBIT LABELING ERROR] MOTION for Order Joining AFSCME as a Rule 19(a) Party by Equal Employment Opportunity Commission. (Attachments: # 1 Index of Exhibits # 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5# 7 Exhibit 6# 8 Exhibit 7# 9 Exhibit 8) (Weaver, Omar) Modified on 6/6/2007 (Eldridge, D.). (Entered: 06/06/2007)

June 6, 2007

June 6, 2007

32

ORDER granting 31 Motion to Join Union as Party. Signed by Honorable Paul V Gadola. (RBri) (Entered: 06/22/2007)

June 22, 2007

June 22, 2007

Reset Scheduling Order Deadlines: Final Pretrial Conference reset for 7/10/2007 10:00 AM before Honorable Paul V Gadola (RBri) (Entered: 06/22/2007)

June 22, 2007

June 22, 2007

33

NOTICE of Change of Electronic Filing Registration Information by Thomas W. Barlow on behalf of North Oakland Medical Center. (Barlow, Thomas) (Entered: 06/25/2007)

June 25, 2007

June 25, 2007

34

NOTICE of Change of Electronic Filing Registration Information by Angela M. Pippi on behalf of North Oakland Medical Center. (Pippi, Angela) (Entered: 06/25/2007)

June 25, 2007

June 25, 2007

35

NOTICE TO APPEAR: Final Pretrial Conference set for 8/16/2007 01:30 PM before Honorable Paul V Gadola (RBri) (Entered: 07/31/2007)

July 31, 2007

July 31, 2007

36

ORDER setting status conference. Status Conference set for 10/23/2007 10:00 AM before Honorable Paul V Gadola. Signed by Honorable Paul V Gadola. (RBri) (Entered: 10/11/2007)

Oct. 11, 2007

Oct. 11, 2007

Minute Entry -Status Conference held on 10/23/2007 before Honorable Paul V Gadola. Disposition: Parties to stipulate to dismiss AFSCME from the case(Court Reporter Jennifer Chase) (Tape #07-247) (RBri) (Entered: 10/30/2007)

Oct. 23, 2007

Oct. 23, 2007

37

STIPULATION AND ORDER TO DISMISS THE UNION. AFSCME terminated. Signed by Honorable Paul V Gadola. (RBri) (Entered: 11/19/2007)

Nov. 19, 2007

Nov. 19, 2007

38

CONSENT DECREE by Equal Employment Opportunity Commission (Weaver, Omar) (Entered: 12/11/2007)

Dec. 11, 2007

Dec. 11, 2007

39

CONSENT DECREE. Signed by Honorable Paul V Gadola. (RBri) (Entered: 12/17/2007)

Dec. 17, 2007

Dec. 17, 2007

Case Details

State / Territory: Michigan

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 26, 2005

Closing Date: 2008

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

North Oakland Medical Center, 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

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: 50000

Order Duration: 2007 - 2008

Content of Injunction:

Reinstatement

Retroactive Seniority

Provide antidiscrimination training

Discrimination Prohibition

Post/Distribute Notice of Rights / EE Law

Retaliation Prohibition

Reporting

Issues

General:

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Discrimination-basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits