Case: EEOC v. C.R. ENGLAND

2:06-cv-00811 | U.S. District Court for the District of Utah

Filed Date: Sept. 27, 2006

Closed Date: May 3, 2011

Clearinghouse coding complete

Case Summary

In August 2003, a former driver for C.R. England filed a complaint with the Equal Employment Opportunity Commission (EEOC) alleging that C.R. England discriminated and retaliated against him because of his HIV-positive status. The EEOC issued a determination regarding his complaint in September 2004, concluding that C.R. England had violated the driver's rights under the ADA. On September 27, 2006, the EEOC filed a complaint in the U.S. District Court for the District of Utah, asserting that C.…

In August 2003, a former driver for C.R. England filed a complaint with the Equal Employment Opportunity Commission (EEOC) alleging that C.R. England discriminated and retaliated against him because of his HIV-positive status. The EEOC issued a determination regarding his complaint in September 2004, concluding that C.R. England had violated the driver's rights under the ADA. On September 27, 2006, the EEOC filed a complaint in the U.S. District Court for the District of Utah, asserting that C.R. England had violated the Americans with Disabilities Act (ADA) by (1) "[d]isclosing and requiring [the driver] to disclose medical information concerning his disability, in writing, to driver trainees before they could be trained by [him]"; and (2) "[u]nlawfully limiting, segregating and/or classifying [the driver] on the basis of his disability." On March 3, 2007, the individual driver intervened in this action, alleging multiple ADA violations—including discrimination, failure to provide reasonable accommodation, and retaliation—as well as several tort claims under Utah state law—including intentional infliction of emotional distress, negligent infliction of emotional distress, and invasion of privacy.

In March 2008, the EEOC moved for partial summary judgment on the issues of (1) whether the driver was a "qualified individual with a disability" protected by the provisions of the ADA; and (2) whether C.R. England was liable for violating the ADA by limiting, segregating, or classifying the driver on account of his disability. On that same day, C.R. England filed two motions for summary judgment—one against EEOC and one against the named plaintiff. In its motion regarding the EEOC's claims, C.R. England argued that (1) the driver "was an independent contractor, not an employee [of C.R. England], rendering the [ADA] inapplicable"; (2) "even if [the driver] is deemed an employee, EEOC's ADA claims fail because it cannot establish that [he] is 'disabled' or that England took any adverse action against him because of any alleged disability"; and (3) "any purported unlawful disclosure claim is legally insufficient." In its motion regarding the driver's claims, the company argued that (1) he was not an "employee" of C.R. England; (2) that his ADA claims fail because he was not "disabled," and could not establish that C.R. England "took any adverse action against him because of any disability, or . . . retaliated against him"; and (3) that "his three state law claims are legally insufficient." The court subsequently sealed all of these documents.

On September 17, 2009 Judge Bruce S. Jenkins held, in a sealed opinion, that triable issues of fact existed regarding (1) whether the driver was an independent contractor, as opposed to an employee of C.R. England, and (2) whether he had a cognizable "disability" under the ADA. But the district court held that C.R. England "ha[d] shown that it is entitled to judgment as a matter of law as to each of the plaintiffs' claims, and th[at] EEOC ha[d] failed to show such entitlement as to the issues raised by its motion for partial summary judgment." Accordingly, the court granted summary judgment in C.R. England's favor on all claims.

The named plaintiff and the EEOC filed appeals. The briefs of both sides in both appeals were subsequently sealed by the court. On May 3, 2011 Judge Jerome A. Holmes of the Court of Appeals for the Tenth Circuit issued a single opinion for both appeals, upholding the district court decision, and finding that the plaintiffs had not stated a viable claim under the ADA, and that the district court had committed no error in granting summary judgment in favor of C.R. England.

The case is closed.

Summary Authors

Caitlin Howitt (8/16/2011)

Richa Bijlani (11/7/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4402532/parties/equal-employment-opportunity-commission-v-cr-england/


Judge(s)

Ebel, David M. (Colorado)

Holmes, Jerome A. (Oklahoma)

Jenkins, Bruce Sterling (Utah)

Kelly, Paul Joseph Jr. (New Mexico)

Attorneys(s) for Plaintiff

Marshall, Michelle G. (Arizona)

Meyer, Valerie L. (Arizona)

O'Neill, Mary Jo (Arizona)

Shanley, Sally C. (Arizona)

Sorenson, Stephen J. (Utah)

Attorneys(s) for Defendant

Blue, Michael E (Utah)

Judge(s)

Ebel, David M. (Colorado)

Holmes, Jerome A. (Oklahoma)

Jenkins, Bruce Sterling (Utah)

Kelly, Paul Joseph Jr. (New Mexico)

Attorneys(s) for Plaintiff

Marshall, Michelle G. (Arizona)

Meyer, Valerie L. (Arizona)

O'Neill, Mary Jo (Arizona)

Shanley, Sally C. (Arizona)

Sorenson, Stephen J. (Utah)

Attorneys(s) for Defendant

Blue, Michael E (Utah)

Hagen, Scott (Utah)

Other Attorney(s)

Monahan, Russell T (Utah)

Morse, Daniel W (Utah)

Documents in the Clearinghouse

Document

Docket (10th Cir.)

EEOC v. C.R. England

U. S. Court of Appeals for the Tenth Circuit

June 27, 2011 Docket

Docket (10th Circuit)

EEOC v. C.R. England

U. S. Court of Appeals for the Tenth Circuit

June 27, 2011 Docket

Docket (PACER)

EEOC v. C.R. England

June 29, 2011 Docket
2

Complaint

EEOC v. C.R. England, Inc.

Sept. 27, 2006 Complaint
26

Complaint in Intervention

EEOC v. C.R. England, Inc.

March 22, 2007 Complaint
78

Plaintiff EEOC's Memorandum in Opposition to Defendant's Motion for Summary Judgment Against Plaintiff EEOC

EEOC v. C.R. England

May 19, 2008 Pleading / Motion / Brief
01018633302

Opinion (10th Cir.)

EEOC v. C.R. England

U. S. Court of Appeals for the Tenth Circuit

644 F.3d 1028

May 3, 2011 Order/Opinion

Resources

Title Description External URL

Discouraging Voluntary Disclosure: EEOC v. C.R. England and Confidentiality Under the ADA

Jessica Jones

Attorney Jessica Jones examines case law leading up to EEOC v. C.R. England and implications on voluntary disclosure under the Americans with Disabilities Act (ADA). Jones further discusses whether t… https://digitalcommons.law.byu.edu/cgi/viewcontent.cgi?article=2655&context=lawreview

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4402532/equal-employment-opportunity-commission-v-cr-england/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

Case has been opened and assigned to Judge Bruce S. Jenkins. Plaintiff Equal Employment Opportunity Commission is directed to E-File the Complaint(found under Complaints and Other Initiating Documents) by the end of the business day. Filing Fee waived (USA) (rlr, ) (Entered: 09/25/2006)

Sept. 25, 2006 PACER
2

COMPLAINT against C.R. England No Filing Fee, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet) Assigned to Judge Bruce S. Jenkins (Sorenson, Stephen) (Entered: 09/27/2006)

2 Civil Cover Sheet

View on PACER

Sept. 27, 2006 PACER
3

MOTION for Admission Pro Hac Vice of Sally C. Shanley (no registration fee required) filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order)(Sorenson, Stephen) (Entered: 09/27/2006)

2 Text of Proposed Order

View on PACER

Sept. 27, 2006 PACER
4

MOTION for Admission Pro Hac Vice of Michelle G. Marshall (no registration fee required) filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order)(Sorenson, Stephen) (Entered: 09/27/2006)

2 Text of Proposed Order

View on PACER

Sept. 27, 2006 PACER
5

MOTION for Admission Pro Hac Vice of Mary Jo O'Neill (no registration fee required) filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order)(Sorenson, Stephen) (Entered: 09/27/2006)

2 Text of Proposed Order

View on PACER

Sept. 27, 2006 PACER
6

ORDER granting 3 Motion for Admission Pro Hac Vice of Sally C. Shanley for Equal Employment Opportunity Commission. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Bruce S. Jenkins on 9/28/06.(jwt, ) Modified on 9/29/2006 (jwt, ). (Entered: 09/29/2006)

Sept. 29, 2006 PACER
7

ORDER granting 4 Motion for Admission Pro Hac Vice of Michelle G. Marshall for Equal Employment Opportunity Commission. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov . Signed by Judge Bruce S. Jenkins on 9/28/06.(jwt, ) (Entered: 09/29/2006)

Sept. 29, 2006 PACER
8

ORDER granting 5 Motion for Admission Pro Hac Vice of Mary Jo O'Neill for Equal Employment Opportunity Commission. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Bruce S. Jenkins on 9/28/06.(jwt, ) (Entered: 09/29/2006)

Sept. 29, 2006 PACER
9

**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Equal Employment Opportunity Commission as to C.R. England served on 12/13/2006, answer due 1/2/2007. (Marshall, Michelle) (Entered: 12/26/2006)

Dec. 26, 2006 PACER
10

NOTICE of Appearance by Scott A. Hagen on behalf of C.R. England (Hagen, Scott) (Entered: 01/02/2007)

Jan. 2, 2007 PACER
11

ANSWER to Complaint filed by C.R. England.(Hagen, Scott) (Entered: 01/02/2007)

Jan. 2, 2007 PACER
12

NOTICE OF HEARING:Initial Status and Scheduling Conference set for 2/20/2007 01:10 PM in Room 420 before Judge Bruce S. Jenkins, 350 South Main Street, Salt Lake City, Utah. The court advises counsel and parties appearing pro se that not less than fourteen (14) days prior to the initial conference they should meet with each other and prepare a proposed plan of discovery and case preparation pursuant to Rule 26(f)(1), (2), (3), and (4) of the Federal Rules of Civil Procedure. See also Fed. R. Civ. P. 16(b) & DUCivR 16-1(a)(1). A written report outlining the proposed plan, as agreed, shall be filed with the court no later than ten (10) days prior to the above-scheduled hearing date. Counsel (and parties appearing pro se) should also gather and examine existing documents relevant to the case which are in the possession and control of parties or their counsel and either produce them at their initial Rule 26(f) planning meeting or, as part of the proposed discovery plan, agree as to a specific date upon which such documents shall be produced. See Fed. R. Civ. P. 26(a).(kms) (Entered: 01/08/2007)

Jan. 8, 2007 PACER
13

NOTICE OF ADR, e-mailed or mailed to Plaintiff Equal Employment Opportunity Commission, Defendant C.R. England. (jwt) (Entered: 01/10/2007)

Jan. 10, 2007 PACER
14

REPORT OF ATTORNEY PLANNING MEETING. (Attachments: # 1 Text of Proposed Order)(Marshall, Michelle) (Entered: 02/05/2007)

2 Text of Proposed Order

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Feb. 5, 2007 PACER
22

Minute Entry for proceedings held before Judge Bruce S. Jenkins : Initial Status Report & Scheduling Conference held on 2/20/2007. Attorney for Plaintiff: Michelle G. Marshall (via Phone), Sally C. Shanley (via Phone), Attorney for Defendant Scott A. Hagen. Court Reporter: Dawn Brunner-Hahn.(Time Start: 1:11 PM, Time End: 1:16 PM, Room 420.) (mrw) (Entered: 03/14/2007)

Feb. 20, 2007 PACER
24

Modification of Docket: Error: nonapproved ME. Correction: approved ME. re 22 Initial Status Report & Scheduling Conference,. Discussion heard. Crt schedules:- All discovery (fact & expert) cutoff 7/30/2007.- Post-discovery motion(s) filed nlt 8/31/2007.- Final pretrial conference11/16/2007, at 1:30 PM.- Stip proposed final pretrial order due to chambers11/14/2007.Ms. Marshall to prepare & submit scheduling order within 7 days. (mrw) (Entered: 03/16/2007)

Feb. 20, 2007 PACER
15

MOTION to Intervene filed by Movant/Plaintiff in Intervention Walter Watson.. (ce) (Entered: 02/22/2007)

Feb. 21, 2007 PACER
16

MEMORANDUM in Support re 15 MOTION to Intervene filed by Movant/Plaintiff in Intervention Walter Watson. (ce) (Entered: 02/22/2007)

Feb. 21, 2007 PACER
17

Remark - PROPOSED Complaint in Intervention submitted by Walter Watson, proposed plaintiff in intervention. (ce) (Entered: 02/22/2007)

Feb. 21, 2007 PACER
18

NOTICE OF HEARING ON MOTION re: 15 MOTION to Intervene : Motion Hearing set for 3/21/2007 01:30 PM in Room 420 before Judge Bruce S. Jenkins. (kms) (Entered: 02/26/2007)

Feb. 26, 2007 PACER
19

SCHEDULING ORDER:Amended Pleadings due: plaintiff by 3/30/07, defendant by 4/27/2007. Joinder of Parties due: plaintiff by 3/30/07, defendant by 4/27/2007. Fact and Expert Discovery due by 7/30/2007. Dispositive and potentially dispositive motions due by 8/31/2007. Final Pretrial Conference set for 11/16/2007 01:30 PM in Room 420 before Judge Bruce S. Jenkins. Proposed Pretrial Order due by 11/14/2007. Signed by Judge Bruce S. Jenkins on 3/06/07. (jwt) (Entered: 03/06/2007)

March 6, 2007 PACER
20

Stipulated MOTION for Protective Order filed by Plaintiff Equal Employment Opportunity Commission, Defendant C.R. England. (Attachments: # 1 Text of Proposed Order)(Marshall, Michelle) (Entered: 03/07/2007)

2 Text of Proposed Order

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March 7, 2007 PACER
21

ORDER granting 20 Motion for Protective Order. Signed by Judge Bruce S. Jenkins on 3/12/07. (jwt) (Entered: 03/12/2007)

March 12, 2007 PACER
23

STIPULATION re 15 MOTION to Intervene by Walter Watson. (Monahan, Russell) (Entered: 03/15/2007)

March 15, 2007 PACER
25

ORDER granting 15 Motion to Intervene. Signed by Judge Bruce S. Jenkins on 3/16/07. (jwt) (Entered: 03/16/2007)

March 16, 2007 PACER
26

Intervenor COMPLAINT against C.R. England, filed by Walter Watson.(rlr) (Entered: 03/22/2007)

March 22, 2007 PACER
27

ANSWER to Intervenor Complaint filed by C.R. England.(Hagen, Scott) (Entered: 03/26/2007)

March 26, 2007 PACER
28

Joint MOTION for Extension of Time Scheduling Dates filed by Defendant C.R. England, Intervenor Defendant C.R. England. (Attachments: # 1 Text of Proposed Order)(Hagen, Scott) (Entered: 07/31/2007)

2 Text of Proposed Order

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July 31, 2007 PACER
29

ORDER granting 28 Motion for Extension of Time. Signed by Judge Bruce S. Jenkins on 8/07/07. (jwt) (Entered: 08/07/2007)

Aug. 7, 2007 PACER
30

Set/Reset Scheduling Order Deadlines: Fact and Expert Discovery due by 10/30/2007. Dispositive Motions due by 11/30/2007. Final Pretrial Conference set for 2/22/2008 09:30 AM in Room 420 before Judge Bruce S. Jenkins. Proposed Pretrial Order due by 2/14/2008. (jwt) (Entered: 08/07/2007)

Aug. 7, 2007 PACER
31

MOTION Leave to Finish Plaintiff's Deposition filed by Defendant C.R. England, Intervenor Defendant C.R. England. (Hagen, Scott) (Entered: 09/28/2007)

Sept. 28, 2007 PACER
32

MEMORANDUM in Support re 31 MOTION Leave to Finish Plaintiff's Deposition filed by Defendant C.R. England, Intervenor Defendant C.R. England. (Attachments: # 1 Exhibit A)(Hagen, Scott) (Entered: 09/28/2007)

2 Exhibit A

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Sept. 28, 2007 PACER
33

NOTICE OF HEARING ON MOTION re: 31 MOTION Leave to Finish Plaintiff's Deposition : Motion Hearing set for 11/1/2007 01:20 PM in Room 420 before Judge Bruce S. Jenkins. (kms) (Entered: 10/01/2007)

Oct. 1, 2007 PACER
34

Plaintiff's MOTION for Extension of Time to Complete Discovery filed by Plaintiff Equal Employment Opportunity Commission, Intervenor Plaintiff Walter Watson. (Attachments: # 1 Text of Proposed Order)(Marshall, Michelle) (Entered: 10/09/2007)

2 Text of Proposed Order

View on PACER

Oct. 9, 2007 PACER
35

Plaintiff's MEMORANDUM in Opposition re 31 MOTION Leave to Finish Plaintiff's Deposition filed by Intervenor Plaintiff Walter Watson. (Monahan, Russell) (Entered: 10/12/2007)

Oct. 12, 2007 PACER
36

RESPONSE to Motion re 31 MOTION Leave to Finish Plaintiff's Deposition filed by Plaintiff Equal Employment Opportunity Commission. (Marshall, Michelle) (Entered: 10/12/2007)

Oct. 12, 2007 PACER
37

NOTICE OF HEARING ON MOTION re: 34 Plaintiff's MOTION for Extension of Time to Complete Discovery : Motion Hearing set for 11/1/2007 01:20 PM in Room 420 before Judge Bruce S. Jenkins. (kms) (Entered: 10/23/2007)

Oct. 23, 2007 PACER
38

REPLY to Response to Motion re 31 MOTION Leave to Finish Plaintiff's Deposition filed by Defendant C.R. England, Intervenor Defendant C.R. England. (Hagen, Scott) (Entered: 10/23/2007)

Oct. 23, 2007 PACER
39

Joint MOTION to Seal Plaintiff's Deposition filed by Intervenor Plaintiff Walter Watson. (Attachments: # 1 Text of Proposed Order Order to Seal Deposition of Plaintiff)(Monahan, Russell) (Entered: 10/25/2007)

2 Text of Proposed Order Order to Seal Deposition of Plaintiff

View on PACER

Oct. 25, 2007 PACER
40

RESPONSE to Motion re 34 Plaintiff's MOTION for Extension of Time to Complete Discovery filed by Defendant C.R. England, Intervenor Defendant C.R. England. (Hagen, Scott) (Entered: 10/25/2007)

Oct. 25, 2007 PACER
41

ORDER granting 39 Motion to Seal Deposition. Signed by Judge Bruce S. Jenkins on 10/30/07. (blk) (Entered: 10/31/2007)

Oct. 30, 2007 PACER
42

**SEALED DOCUMENT** Exhibit re 38 Reply Memorandum/Reply to Response to Motion filed by Defendant C.R. England. (blk) Modified on 11/1/2007 - document oversized and not attached (blk). (Entered: 11/01/2007)

Nov. 1, 2007 PACER
43

Minute Entryfor proceedings held before Judge Bruce S. Jenkins: Motion Hearing held on 11/1/2007 re 34 Plaintiff's MOTION for Extension of Time to Complete Discovery filed by Walter Watson, Equal Employment Opportunity Commission. After discussion the Court GRANTS the motion for extension of time to complete discovery. The out of pocket expense will be paid by the plaintiff. The Court sets the following dates: All discovery (expert) cutoff November 15, 2007. Post-discovery motions filed no later than February 15, 2008. Final pretrial conference set April 4, 2008 at 9:30 a.m. Stipulated proposed final pre trial order to chambers on April 10, 2008 by noon. Attorney for Plaintiff: Michelle G. Marshall, via phone, Attorney for Defendant Russell T. Monahan; Scott A. Hagen. Court Reporter: Ashley Davis.(Time Start: 1:20, Time End: 1:40, Room 420.) (kpf) (Entered: 11/14/2007)

Nov. 1, 2007 PACER
44

ORDER granting 31 Motion to Finish Plaintiff's Deposition; granting 34 Motion for Extension of Time to Complete Discovery. Signed by Judge Bruce S. Jenkins on 11/14/07. (blk) (Entered: 11/14/2007)

Nov. 14, 2007 PACER
45

CERTIFICATE OF SERVICE regarding discovery (blk) Modified on 12/6/2007 document was filed by Plaintiff Intervenor Walter Watson (blk). (Entered: 12/06/2007)

Dec. 6, 2007 PACER
46

CERTIFICATE OF SERVICE by Walter Watson, Intervenor Plaintiff re: Rule 26(e) Supplementation of Disclosures and Responses Upon Scott Hagen. (ce) (Entered: 12/11/2007)

Dec. 10, 2007 PACER
47

**RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Subpoena served on Cynthia Horsley on 12/04/2007, filed by Intervenor Plaintiff Walter Watson. (Monahan, Russell) (Entered: 12/12/2007)

Dec. 12, 2007 PACER
48

CERTIFICATE OF SERVICE by Walter Watson Rule 26(e) Supplementation (Monahan, Russell) (Entered: 01/31/2008)

Jan. 31, 2008 PACER
49

MOTION for Extension of Time Dispositive Motion and Pretrial Deadlines filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order)(Shanley, Sally) (Entered: 02/04/2008)

2 Text of Proposed Order

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Feb. 4, 2008 PACER
50

ORDER granting 49 Motion for Extension of Time re: Dispositive Motions and Pretrial Deadlines. Signed by Judge Bruce S. Jenkins on 2/6/08. (blk) (Entered: 02/07/2008)

Feb. 7, 2008 PACER
51

Set/Reset Hearings: Pretrial Conference set for 6/12/2008 01:30 PM in Room 420 before Judge Bruce S. Jenkins. Motions due by 3/26/2008. Stipulated Pretrial Order due by 6/10/2008. (blk) (Entered: 02/07/2008)

Feb. 7, 2008 PACER
52

Plaintiff's MOTION for Admission Pro Hac Vice of Valerie L. Meyer (no registration fee required) filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Application for Admission Pro Hac Vice, # 2 Text of Proposed Order for Pro Hac Vice Admission)(Sorenson, Stephen) (Entered: 02/29/2008)

2 Exhibit Application for Admission Pro Hac Vice

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3 Text of Proposed Order for Pro Hac Vice Admission

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Feb. 29, 2008 PACER
53

ORDER granting 52 Motion for Admission Pro Hac Vice of Valerie L. Meyer for Equal Employment Opportunity Commission. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Bruce S. Jenkins on 3/3/08. (blk) (Entered: 03/04/2008)

March 4, 2008 PACER
54

NOTICE of Substitution of Counsel by Equal Employment Opportunity Commission (Meyer, Valerie) (Entered: 03/18/2008)

March 18, 2008 PACER
55

Joint MOTION for Extension of Time Dispositive Motion Deadline filed by Defendant C.R. England, Intervenor Defendant C.R. England. (Attachments: # 1 Text of Proposed Order)(Hagen, Scott) (Entered: 03/25/2008)

2 Text of Proposed Order

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March 25, 2008 PACER
56

ORDER granting 55 Motion for Extension of Time for filing dispositive motions. Deadline for filing dispositive motions is now 3/31/08. Signed by Judge Bruce S. Jenkins on 3/26/08. (blk) (Entered: 03/26/2008)

March 26, 2008 PACER
57

Defendant's MOTION for Leave to File Overlength Memorandum in Support of Motion for Summary Judgment against Plaintiff-Intervenor Walter Watson filed by Defendant C.R. England, Intervenor Defendant C.R. England. (Attachments: # 1 Text of Proposed Order)(Hagen, Scott) (Entered: 03/27/2008)

2 Text of Proposed Order

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March 27, 2008 PACER
58

ORDER granting 57 Motion for Leave to File. Signed by Judge Bruce S. Jenkins on 3/28/08. (blk) (Entered: 03/28/2008)

March 28, 2008 PACER
59

Defendant's MOTION for Summary Judgment Against Plaintiff-Intervenor Walter Watson filed by Defendant C.R. England, Intervenor Defendant C.R. England. (Hagen, Scott) (Entered: 03/31/2008)

March 31, 2008 PACER
61

Defendant's MOTION for Summary Judgment Against Plaintiff Equal Employment Opportunity Commission filed by Defendant C.R. England, Intervenor Defendant C.R. England. (Hagen, Scott) (Entered: 03/31/2008)

March 31, 2008 PACER
63

**SEALED** Supplemental MEMORANDUM in Support re 59 Defendant's MOTION for Summary Judgment Against Plaintiff-Intervenor Walter Watson filed by Defendant C.R. England, Intervenor Defendant C.R. England. (Hagen, Scott) Modified on 4/2/2008 by sealing this document per direction of chambers (ce). (Entered: 03/31/2008)

March 31, 2008 PACER
64

**SEALED**Supplemental MEMORANDUM in Support re 61 Defendant's MOTION for Summary Judgment Against Plaintiff Equal Employment Opportunity Commission filed by Defendant C.R. England, Intervenor Defendant C.R. England. (Hagen, Scott) Modified on 4/2/2008 by sealing this document per chambers direction (ce). (Entered: 03/31/2008)

March 31, 2008 PACER
65

MOTION for Partial Summary Judgment filed by Plaintiff Equal Employment Opportunity Commission. (Meyer, Valerie) (Entered: 03/31/2008)

March 31, 2008 PACER
66

Plaintiff's MEMORANDUM in Support re 65 MOTION for Partial Summary Judgment filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit (Not Sealed))(Meyer, Valerie) (Entered: 03/31/2008)

2 Exhibit (Not Sealed)

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March 31, 2008 PACER
67

NOTICE OF FILING of Documents Under Seal re 65 MOTION for Partial Summary Judgment filed by Plaintiff Equal Employment Opportunity Commission. (Meyer, Valerie) (Entered: 03/31/2008)

March 31, 2008 PACER
68

**SEALED DOCUMENT** Statement of Undisputed Facts re 65 MOTION for Partial Summary Judgment filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit - List of Exhibits, # 2 Exhibit 2 - Deposition of Walter Watson, # 3 Exhibit 5 - Deposition of Walter Watson, # 4 Exhibit 11 - Declaration of Walter Watson)(blk) (Entered: 04/01/2008)

April 1, 2008 PACER
69

**SEALED DOCUMENT** Supplemental Memorandum in Support re 59 Defendant's MOTION for Summary Judgment Against Plaintiff-Intervenor Walter Watson filed by Defendant C.R. England. (blk) (Entered: 04/01/2008)

April 1, 2008 PACER
70

DOCKET TEXT ORDER - the following documents were originally filed UNSEALED on 3/31/08. They have now been sealed per direction of chambers. 63 **SEALED**Supplemental Memorandum in Support of Motion re 59 Defendant's MOTION for Summary Judgment Against Plaintiff-Intervenor Walter Watson filed by Defendant/Intervenor Defendant C.R. England. 64 SEALED**Supplemental MEMORANDUM in Support re 61 Defendant's MOTION for Summary Judgment Against Plaintiff Equal Employment Opportunity Commission filed by Defendant/Intervenor Defendant C.R. England. Signed by Judge Bruce S. Jenkins on 4/2/08. NOTE: There is no document/image attached to this entry.(ce) (Entered: 04/02/2008)

April 2, 2008 PACER
71

Stipulated MOTION to Seal re 62 Memorandum in Support of Motion,, 60 Memorandum in Support of Motion,, filed by Defendant C.R. England, Intervenor Defendant C.R. England. (Attachments: # 1 Text of Proposed Order)(Hagen, Scott) (Entered: 04/03/2008)

2 Text of Proposed Order

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April 3, 2008 PACER
72

ORDER granting 71 Motion to Seal Defendant CR England's Memo in Support of Motion for Summary Judgment against Plaintiff EEOC, document 62 including all related exhibits; and Defendant CR England's Memo in Support of Motion for Summary Judgment against Plaintiff-Intervenor Walter Watson, document 60 including all related exhibits. Signed by Judge Bruce S. Jenkins on 4/7/08. (ce) (Entered: 04/07/2008)

April 7, 2008 PACER
73

Stipulated MOTION for Extension of Time to File Response/Reply as to 59 Defendant's MOTION for Summary Judgment Against Plaintiff-Intervenor Walter Watson, 65 MOTION for Partial Summary Judgment, 61 Defendant's MOTION for Summary Judgment Against Plaintiff Equal Employment Opportunity Commission filed by Plaintiff Equal Employment Opportunity Commission, Intervenor Plaintiff Walter Watson, Defendant C.R. England, Intervenor Defendant C.R. England. (Attachments: # 1 Text of Proposed Order)(Meyer, Valerie) (Entered: 05/02/2008)

2 Text of Proposed Order

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May 2, 2008 PACER
74

ORDER granting 73 Motion for Extension of Time to File Response/Reply re 61 Defendant's MOTION for Summary Judgment Against Plaintiff Equal Employment Opportunity Commission, 65 MOTION for Partial Summary Judgment, 59 Defendant's MOTION for Summary Judgment Against Plaintiff-Intervenor Walter Watson. Replies due by 5/19/2008. Signed by Judge Bruce S. Jenkins on 5/2/08. (blk) (Entered: 05/05/2008)

May 5, 2008 PACER
75

ORDER - Vacating the Final Pretrial Conference set for 6/12/08 and setting hearing as to 61 Defendant's MOTION for Summary Judgment Against Plaintiff Equal Employment Opportunity Commission, 65 MOTION for Partial Summary Judgment, 59 Defendant's MOTION for Summary Judgment Against Plaintiff-Intervenor Walter Watson. Summary Judgment Motions Hearing set for 6/24/2008 09:30 AM in Room 420 before Judge Bruce S. Jenkins. Signed by Judge Bruce S. Jenkins on 5/13/08. (blk) (Entered: 05/14/2008)

May 14, 2008 PACER
76

NOTICE OF CONVENTIONAL FILING of Defendant's Memorandum in Opposition to Plaintiff EEOC's Motion for Partial Summary Judgment filed by Defendant C.R. England, Intervenor Defendant C.R. England (Hagen, Scott) (Entered: 05/19/2008)

May 19, 2008 PACER
77

NOTICE OF CONVENTIONAL FILING of Plaintiff in Intervention's Memorandum in Opposition to Defendant England's Motion for Summary Judgment filed by Intervenor Plaintiff Walter Watson re 59 Defendant's MOTION for Summary Judgment Against Plaintiff-Intervenor Walter Watson (Monahan, Russell) (Entered: 05/19/2008)

May 19, 2008 PACER
78

Plaintiff's MEMORANDUM in Opposition re 61 Defendant's MOTION for Summary Judgment Against Plaintiff Equal Employment Opportunity Commission filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 20, 25, 27, 30-33)(Meyer, Valerie) (Entered: 05/19/2008)

2 Exhibit 20, 25, 27, 30-33

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May 19, 2008 PACER
79

NOTICE OF CONVENTIONAL FILING of Plaintiff EEOC's Supplemental Memoranda: Sealed Statement of Facts in Opposition to Defendant's Motion for Summary Judgment and Sealed Disputation of Defendant's Facts in Support of Its Motion for Summary Judgment filed by Plaintiff Equal Employment Opportunity Commission re 78 Memorandum in Opposition to Motion, (Meyer, Valerie) (Entered: 05/19/2008)

May 19, 2008 PACER
80

**SEALED DOCUMENT** Supplemental Memorandum/Disputation and Statement of Facts in Opposition re 61 Defendant's MOTION for Summary Judgment Against Plaintiff Equal Employment Opportunity Commission filed by Plaintiff Equal Employment Opportunity Commission. (blk) Modified on 5/20/2008 - Oversized document not attached as an image - retained in sealed room (blk). (Entered: 05/20/2008)

May 19, 2008 PACER
81

**SEALED DOCUMENT** Memorandum in Opposition re 59 Defendant's MOTION for Summary Judgment Against Plaintiff-Intervenor Walter Watson filed by Intervenor Plaintiff Walter Watson. (blk) Modified on 5/20/2008 - Oversized document not attached as an image - retained in sealed room (blk). (Entered: 05/20/2008)

May 19, 2008 PACER
82

**SEALED DOCUMENT** Memorandum in Opposition re 65 MOTION for Partial Summary Judgment filed by Defendant C.R. England. NOTE: Oversized document not attached as an image - retained in sealed room. (blk) (Entered: 05/20/2008)

May 19, 2008 PACER
83

AMENDED NOTICE OF HEARING ON MOTIONS re: MOTIONS for Summary Judgment: Motion Hearing set for 6/30/2008 at 02:15 PM in Room 420 before Judge Bruce S. Jenkins. (kms) (Entered: 05/20/2008)

May 20, 2008 PACER
84

Joint MOTION for Extension of Time to File Response/Reply filed by Defendant C.R. England, Intervenor Defendant C.R. England. (Attachments: # 1 Text of Proposed Order)(Hagen, Scott) (Entered: 06/02/2008)

2 Text of Proposed Order

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June 2, 2008 PACER
85

ORDER granting 84 Motion for Extension of Time to File Response/Reply re 61 Defendant's MOTION for Summary Judgment Against Plaintiff Equal Employment Opportunity Commission, 65 MOTION for Partial Summary Judgment, 59 Defendant's MOTION for Summary Judgment Against Plaintiff-Intervenor Walter Watson. Replies due by 6/13/2008. Signed by Judge Bruce S. Jenkins on 6/5/08. (blk) (Entered: 06/05/2008)

June 5, 2008 PACER
86

NOTICE OF CONVENTIONAL FILING of EEOC's Reply in Support of its Motion for Partial Summary Judgment Against Defendant filed by Plaintiff Equal Employment Opportunity Commission re 65 MOTION for Partial Summary Judgment (Meyer, Valerie) (Entered: 06/16/2008)

June 16, 2008 PACER
94

**SEALED DOCUMENT** REPLY IN SUPPORT re 65 MOTION for Partial Summary Judgment filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 34 Supplemental Authority)(blk) (Entered: 06/17/2008)

June 16, 2008 PACER
97

**SEALED DOCUMENT** REPLY MEMORANDUM IN SUPPORT re 59 Defendant's MOTION for Summary Judgment Against Plaintiff-Intervenor Walter Watson filed by Defendant C.R. England.No document attached - oversized and not scanned. (blk) (Entered: 06/17/2008)

June 16, 2008 PACER
87

MOTION for Leave to File Excess Pages in Reply Memorandum in Support of Motion for Summary Judgment Against Plaintiff Equal Employment Opportunity Commission filed by Defendant C.R. England, Intervenor Defendant C.R. England. (Attachments: # 1 Text of Proposed Order)(Hagen, Scott) (Entered: 06/16/2008)

2 Text of Proposed Order

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June 16, 2008 PACER
98

**SEALED DOCUMENT** REPLY MEMORANDUM IN SUPPORT re 61 Defendant's MOTION for Summary Judgment Against Plaintiff Equal Employment Opportunity Commission filed by Defendant C.R. England. No document attached - oversized and not scanned. (blk) (Entered: 06/17/2008)

June 16, 2008 PACER
88

MOTION for Leave to File Excess Pages in Reply Memorandum in Support of Motion for Summary Judgment Against Plaintiff-Intervenor Walter Watson filed by Defendant C.R. England, Intervenor Defendant C.R. England. (Attachments: # 1 Text of Proposed Order)(Hagen, Scott) (Entered: 06/16/2008)

2 Text of Proposed Order

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June 16, 2008 PACER
89

NOTICE OF CONVENTIONAL FILING of Defendant's Reply Memorandum in Support of Motion for Summary Judgment Against Plaintiff Equal Employment Opportunity Commission filed by Defendant C.R. England, Intervenor Defendant C.R. England re 64 Memorandum in Support of Motion, (Hagen, Scott) (Entered: 06/16/2008)

June 16, 2008 PACER
90

NOTICE OF CONVENTIONAL FILING of Defendant's Reply Memorandum in Support of Motion for Summary Judgment Against Plaintiff-Intervenor Walter Watson filed by Defendant C.R. England, Intervenor Defendant C.R. England re 63 Memorandum in Support of Motion, (Hagen, Scott) (Entered: 06/16/2008)

June 16, 2008 PACER
91

RESPONSE to Motion re 87 MOTION for Leave to File Excess Pages in Reply Memorandum in Support of Motion for Summary Judgment Against Plaintiff Equal Employment Opportunity Commission filed by Plaintiff Equal Employment Opportunity Commission. (Meyer, Valerie) (Entered: 06/17/2008)

June 17, 2008 PACER
95

ORDER granting 87 Motion for Leave to File Excess Pages. Signed by Judge Bruce S. Jenkins on 6/17/08. (blk) (Entered: 06/17/2008)

June 17, 2008 PACER
92

Plaintiff's MOTION to Strike Defendant's Reply Memorandum filed by Intervenor Plaintiff Walter Watson. (Monahan, Russell) (Entered: 06/17/2008)

June 17, 2008 PACER
96

ORDER granting 88 Motion for Leave to File Excess Pages. Signed by Judge Bruce S. Jenkins on 6/17/08. (blk) (Entered: 06/17/2008)

June 17, 2008 PACER
93

MEMORANDUM in Support re 92 Plaintiff's MOTION to Strike Defendant's Reply Memorandum filed by Intervenor Plaintiff Walter Watson. (Monahan, Russell) (Entered: 06/17/2008)

June 17, 2008 PACER
99

Minute Entry for proceedings held before Judge Bruce S. Jenkins: Motion Hearing held on 6/30/2008.Argument & discussion heard. Crt recesses 3:10 PM, reconvenes 3:20 PM. Dft cnsl to supplement record within two weeks. Crt rules:- Reserves (takes under advisement), motion for summary judgment. re 61 Defendant's MOTION for Summary Judgment Against Plaintiff Equal Employment Opportunity Commission filed by C.R. England. Attorney for Plaintiff: Valerie L. Meyer, Russell T. Monahan (Intvp), Attorney for Defendant Scott A. Hagen, Jonathan Pappasideris. Court Reporter: Laura Robinson.(Time Start: 2:15 PM, Time End: 5:20 PM, Room 420.) (mrw) (Entered: 07/09/2008)

June 30, 2008 PACER
100

Supplemental Memorandum in Support of Defendant C. R. England's Motions for Summary Judgment BRIEF filed by Defendant C.R. England, Intervenor Defendant C.R. England. (Attachments: # 1 Exhibit A, # 2 Exhibits to Hayes Decl., # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(Hagen, Scott) (Entered: 07/14/2008)

2 Exhibit A

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3 Exhibits to Hayes Decl.

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4 Exhibit B

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5 Exhibit C

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6 Exhibit D

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July 14, 2008 PACER
101

RESPONSE to Motion re 59 Defendant's MOTION for Summary Judgment Against Plaintiff-Intervenor Walter Watson, 61 Defendant's MOTION for Summary Judgment Against Plaintiff Equal Employment Opportunity Commission Supplemental Response filed by Intervenor Plaintiff Walter Watson. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Monahan, Russell) Modified on 2/18/2010 - Exhibit 1 from the paper document was removed on 2/18/2010 and placed in the sealed box for 2/18/2010(ce). (Entered: 07/28/2008)

3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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7 Exhibit 6

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July 28, 2008 PACER
102

REPLY BRIEF re 100 Brief, Reply to Watson's Response to the Supplemental Memorandum in Support of Defendant C. R. England's Motion for Summary Judgment filed by Defendant C.R. England, Intervenor Defendant C.R. England. (Attachments: # 1 Exhibit A&B)(Hagen, Scott) (Entered: 08/11/2008)

2 Exhibit A&B

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Aug. 11, 2008 PACER

State / Territory: Utah

Case Type(s):

Equal Employment

Key Dates

Filing Date: Sept. 27, 2006

Closing Date: May 3, 2011

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

C.R. England, Private Entity/Person

Defendant Type(s):

Transportation

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Disparate Treatment

Reasonable Accommodations

Discrimination-area:

Accommodation / Leave

Discharge / Constructive Discharge / Layoff

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

Training

Discrimination-basis:

Disability (inc. reasonable accommodations)

Medical/Mental Health:

HIV/AIDS

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit