Case: EEOC v. Sundance Rehabilitation Corporation

1:01-cv-01867 | U.S. District Court for the Northern District of Ohio

Filed Date: Aug. 1, 2001

Closed Date: Oct. 26, 2006

Clearinghouse coding complete

Case Summary

In August 2001, the Cleveland District Office filed this lawsuit against Sundance Rehabilitation Corporation in the U.S. District Court for the Northern District of Ohio alleging violation of the Age Discrimination in Employment Act, Title I of the Americans with Disabilities Act of 1990, the Equal Pay Act of 1963, and Title VII of the Civil Rights Act of 1964. The complaint specifically alleged that the defendant required terminated employees to sign a waiver of claims against the defendant, …

In August 2001, the Cleveland District Office filed this lawsuit against Sundance Rehabilitation Corporation in the U.S. District Court for the Northern District of Ohio alleging violation of the Age Discrimination in Employment Act, Title I of the Americans with Disabilities Act of 1990, the Equal Pay Act of 1963, and Title VII of the Civil Rights Act of 1964. The complaint specifically alleged that the defendant required terminated employees to sign a waiver of claims against the defendant, including EEO violations, in order to receive severance pay. Following discovery and motions for summary judgment for both parties, the District Court granted summary judgment to the EEOC in July 2004. The defendant appealed the decision to the U.S. Court of Appeals for the Sixth Circuit in September 2004. The Court of Appeals reversed the District Court's judgment in October 2006. The U.S. Supreme Court granted an extension of time to file a petition for a writ of certiorari in June 2007. However, the docket does not indicate that this option was exercised.

Summary Authors

David Friedman (5/12/2008)

People


Judge(s)

Batchelder, Alice Moore (Ohio)

Boggs, Danny Julian (Kentucky)

Cohn, Jonathan F. (District of Columbia)

Wells, Lesley Brooks (Ohio)

Attorneys(s) for Plaintiff

Mays, Lawrence (Ohio)

Reams, Gwendolyn Young (District of Columbia)

Stern, Jefferey A (Ohio)

Watson, C. Larry (Ohio)

Attorneys(s) for Defendant

Westman, Dean E (Ohio)

Judge(s)

Batchelder, Alice Moore (Ohio)

Boggs, Danny Julian (Kentucky)

Cohn, Jonathan F. (District of Columbia)

Wells, Lesley Brooks (Ohio)

Attorneys(s) for Plaintiff

Mays, Lawrence (Ohio)

Reams, Gwendolyn Young (District of Columbia)

Stern, Jefferey A (Ohio)

Watson, C. Larry (Ohio)

Attorneys(s) for Defendant

Westman, Dean E (Ohio)

Documents in the Clearinghouse

Document

Docket (PACER)

June 14, 2007 Docket
1

Complaint

Aug. 1, 2001 Complaint
44

Judgment Entry

July 26, 2004 Order/Opinion
43

Memorandum of Opinion And Order Granting Plaintiff's Motion For Summary Judgment And Denying Defendant's Motion For SummaryJudgment

Equal Employment Opportunity Commission v. Sundance Rehabilitation Corporation

328 F.Supp.2d 826

July 26, 2004 Order/Opinion

EEOC v. Sundance Rehab. Corp. [Selection From EEOC's Office of General Counsel FY 2004 Annual Report]

EEOC v. Sundance Rehab. Corp.

No Court

Jan. 1, 2006 Press Release

Opinion

U. S. Court of Appeals for the Sixth Circuit

466 F.3d 490

Oct. 24, 2006 Order/Opinion

Mandate [From Court of Appeals]

Equal Employment Opportunity Commission v. Sundance Rehabilitation Corporation

U. S. Court of Appeals for the Sixth Circuit

March 23, 2007 Order/Opinion

Docket

Last updated May 13, 2022

ECF Number Description Date Link
1

Complaint (0 summons and Magistrate Consent Forms issued) against Sundance Rehabilitation Corporation. Filed by Equal Employment Opportunity Commission. Filing fee waived. (Attachments: # 1 Civil Cover Sheet)(B, BA) (Entered: 08/02/2001)

Aug. 1, 2001
2

Random Assignment of Magistrate Judge Streepy (B, BA) (Entered: 08/02/2001)

Aug. 1, 2001
3

Case Information Statement (Standard Track) filed by Equal Employment Opportunity Commission. (B, BA) (Entered: 08/02/2001)

Aug. 1, 2001
4

Notice of Placement of case in the CM/ECF Docketing System (B, BA) (Entered: 08/02/2001)

Aug. 1, 2001
5

Praecipe for other; 1st attempt of summons unsuccessful (issued 8/29/01) filed by Equal Employment Opportunity Commission. (C, K A) (Entered: 08/29/2001)

Aug. 29, 2001
6

Waiver of Summons Returned upon Sundance Rehabilitation Corporation on 8/1/01 filed by Equal Employment Opportunity Commission. (C, K A) (Entered: 08/31/2001)

Aug. 30, 2001
7

Answer to Complaint (Related Doc # 1 ) filed by Sundance Rehabilitation Corporation. (C, K A) (Entered: 10/02/2001)

Oct. 1, 2001
8

Corporate Disclosure Statement filed by Sundance Rehabilitation Corporation. (C, K A) (Entered: 10/02/2001)

Oct. 1, 2001
9

Case Management Conference Scheduling Order. Case management conference to be held on 3/14/2002 at 09:30 AM at Chambers 338. (Judge Lesley Wells)(C, L) (Entered: 12/18/2001)

Dec. 18, 2001
10

Motion for order Excusing Defendant from Case Management Conference filed by all defendants. (Westman, Dean) (Entered: 02/21/2002)

Feb. 21, 2002
11

Report of Parties Planning Meeting filed by Equal Employment Opportunity Commission. (Stern, Jeffrey) (Entered: 02/28/2002)

Feb. 28, 2002
12

Notice of Service of initial disclosures filed by Sundance Rehabilitation Corporation. (Westman, Dean) Modified text 3/8/2002 (C, K A). (Entered: 03/07/2002)

March 7, 2002
13

Notice of Service of EEOC's Initial Disclosure filed by Equal Employment Opportunity Commission. (Stern, Jeffrey) (Entered: 03/07/2002)

March 7, 2002
14

Case Management Conference Plan/Order. Track Designated: Standard. Discovery due by 9/16/2002, Parties to be Joined and Pleading Amendments due by 6/13/2002, Dispositive Motions due by 11/15/2002, with status hearing to be held on 7/16/2002 at 03:00 PM at Chambers 338 with Final Pre-Trial Conference to be held on 6/2/2003, Jury Trial set for 7/7/2003 at 9:00 AM. (Judge Lesley Wells)(C, L) (Entered: 03/14/2002)

March 14, 2002
15

Order Designating Case for Electronic Filing. (Judge Lesley Wells)(C, L) (Entered: 03/14/2002)

March 14, 2002
16

Civil Bench Trial Order. Final Pre-Trial Conference set for 6/2/2003 at 04:00 PM at Chambers 338, Bench Trial set for 7/7/2003 at 9:00 AM. (Judge Lesley Wells)(C, L) Additional attachment(s) added on 3/15/2002 (C, L). (Entered: 03/15/2002)

March 15, 2002
17

Order Establishing Trial Docket. (Judge Lesley Wells)(C, L) (Entered: 03/15/2002)

March 15, 2002
18

Notice of Service of discovery on 5/28/02 filed by Sundance Rehabilitation Corporation. (Westman, Dean) Modified text 5/29/2002 (C, K A). (Entered: 05/28/2002)

May 28, 2002
19

Minutes of proceedings before Judge Wells held on 7/16/02. Parties are engaging in paper discovery; defendant anticipates filing a motion for summary judgment on lega issues within 30 days; plaintiff's counsel anticipates needing a medical leave. A telephonic status hearing to be held on 7/18/2002 at 03:00 PM to discuss any scheduling changes, and the Court will initiate the call. (Janet Alter) (H, D) (Entered: 07/18/2002)

July 17, 2002
20

Minutes of proceedings of telephone status conference before Judge Wells held on 7/18/02. Parties are to file a joint motion to stay proceedings for approximately 120 days to accommodate plaintiff's counsel medical leave. (Janet Alter) (H, D) (Entered: 07/19/2002)

July 19, 2002
21

Unopposed Motion to stay filed by Equal Employment Opportunity Commission. (Attachments: # 1 Declaration in Support)(Related document(s) 20 ) (Stern, Jeffrey) (Entered: 07/31/2002)

July 31, 2002
22

Marginal Entry Order signed on 8/5/2002 Granting Motion by plaintiff to stay proceedings (Related Doc # 21 ). Stay granted until 11/20/02; discovery cutoff is 2/14/03; dispositive motion deadline is 3/14/03, no further extensions will be granted. (C, K A) (Entered: 08/06/2002)

Aug. 5, 2002
23

Notice of Service of discovery filed by all defendants. (Westman, Dean) Modified text 8/9/2002 (C, K A). (Entered: 08/08/2002)

Aug. 8, 2002
24

Motion for summary judgment filed by Sundance Rehabilitation Corporation. (Attachments: # 1 # 2)(Westman, Dean) (Entered: 11/22/2002)

Nov. 22, 2002
25

Opposition (Related Motion(s) 24 ) to Defendant's Motion for Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 Declaration of Elizabeth Salsbury# 2 Declaration of Susan L. Smith)(Stern, Jeffrey) (Entered: 12/20/2002)

Dec. 20, 2002
26

Appendix to Memorandum in Opposition to Defendant's Motion for Summary Judgment filed by Equal Employment Opportunity Commission. (Related document(s) 25 ) (Stern, Jeffrey) (Entered: 12/20/2002)

Dec. 20, 2002
27

Motion for extension of time until 1/09/03 to file reply brief in support of motion for summary judgment filed by Sundance Rehabilitation Corporation. (Westman, Dean) Modified text on 12/30/2002 (C, B). (Entered: 12/27/2002)

Dec. 27, 2002

Marginal Order (Non Document) Granting Motion for extension of time until 9 January 2003. (Judge Lesley Wells) (Related Doc # 27 ) (C, L) (Entered: 12/27/2002)

Dec. 27, 2002
28

Reply brief in support of motion for summary judgment (Related Motion(s) 24 ) filed by Sundance Rehabilitation Corporation. (Westman, Dean) Modified text 1/10/2003 (C, K A). (Entered: 01/09/2003)

Jan. 9, 2003
29

Notice of Service filed by Sundance Rehabilitation Corporation. (Westman, Dean) (Entered: 01/10/2003)

Jan. 10, 2003
30

Motion for leave to file Surreply Memorandum Instanter in Opposition to Defendant's Motion for Summary Judgment filed by Equal Employment Opportunity Commission. (Related motion 24 ) (Stern, Jeffrey) Modified text 1/13/2003 (C, K A). (Entered: 01/10/2003)

Jan. 10, 2003
31

Notice of Service of discovery on 1/13/03 filed by Sundance Rehabilitation Corporation. (Westman, Dean) Modified text 1/14/2003 (C, K A). (Entered: 01/13/2003)

Jan. 13, 2003
32

Notice of Service filed by Sundance Rehabilitation Corporation. (Westman, Dean) (Entered: 01/17/2003)

Jan. 17, 2003

Marginal Order (Non Document) Granting Motion for leave to file instanter. (Judge Lesley Wells) (Related Doc # 30 )(C, L) (Entered: 01/31/2003)

Jan. 31, 2003
33

Cross Motion for summary judgment filed by Equal Employment Opportunity Commission. (Related document(s) 25 ) (Stern, Jeffrey) (Entered: 03/14/2003)

March 14, 2003
34

Opposition (Related Motion(s) 33 ) to Plaintiff's Cross Motion for Summary Judgment filed by Sundance Rehabilitation Corporation. (Westman, Dean) Modified on 4/14/2003: Incomplete filing - Document to be Refiled (M, J A). Modified text 4/15/2003 (C, K A). (Entered: 04/14/2003)

April 14, 2003
36

Order continuing final pretrial and trial dates. Once the Court has considered and ruled on the motions for summary judgment, new deadlines and dates will be established. Judge Lesley Wells. (Related document(s) 24 , 16 , 25 , 33 , 35 ) (H, D) (Entered: 04/30/2003)

April 29, 2003
37

Reply (Related Motion(s) 33 ) Memorandum in Support of Cross Motion for Summary Judgment filed by Equal Employment Opportunity Commission. (Stern, Jeffrey) (Entered: 05/05/2003)

May 5, 2003
38

Order referring case to Magistrate Judge Jack B. Streepy for a report and recommendation. (Judge Lesley Wells)(C, L) (Entered: 05/07/2003)

May 7, 2003
39

Report and Recommendation that the motion of SunDance for summary judgment (doc. 24) be granted, and the motion of the EEOC for summary judgment (doc. 33) be denied. Signed by Judge Jack B. Streepy on 7/31/2003. (S, DJ) (Entered: 07/31/2003)

July 31, 2003
40

Order terminating case referral and returning case to Judge Wells.. Signed by Judge Jack B. Streepy on 7/31/2003. (S, DJ) (Entered: 07/31/2003)

July 31, 2003
41

Objection to Report and Recommendation filed by Equal Employment Opportunity Commission. (Attachments: # 1 Declaration of Beverly Anderson) (Related document(s) 39 ) (Stern, Jeffrey) Modified text 8/29/2003 (C, K A). (Entered: 08/18/2003)

Aug. 18, 2003
42

Opposition to Plaintiff's Objections to Magistrate Judge's Report and Recommendation filed by all defendants. (Related document 39 ) (Westman, Dean) Modified text 8/29/2003 (C, K A). (Entered: 08/28/2003)

Aug. 28, 2003
43

Memorandum of Opinion and Order denying defendant's motion for summary judgment (Related Doc # 24 ), granting plaintiff's motion for summary judgment (Related Doc # 33 ). SunDance shall pay to the EEOC its costs of bringing this action. Signed by Judge Lesley Wells on 7/26/04 (E, P). Modified text on 9/24/2004 (H, S P). (Entered: 07/26/2004)

July 26, 2004
44

Judgment Entry Order that the court contemporaneously entered it memorandum of opinion and order (Related Doc # 44 ) granting plaintiff's motion for summary judgment and denying defendants' motion for summary judgment and Forthwith, shall pay to the EEOC its costs of bringing this action. Signed by Judge Lesley Wells on 7/26/04. (E, P) Modified text to add link on 7/26/2004 (E, P). (Entered: 07/26/2004)

July 26, 2004
45

Motion to stay of Proceedings to Enforce Judgment and for Suspension of Injunctive Relief filed by Sundance Rehabilitation Corporation. (Westman, Dean) (Entered: 09/23/2004)

Sept. 23, 2004
46

NOTICE OF APPEAL to the 6th Circuit Court of Appeals from the 43 Memorandum of Opinion and Order and 44 Judgment Entry of 7/26/04, filed by Sundance Rehabilitation Corporation (Westman, Dean). Filing Fee Paid 10/1/04, see document 47 . Modified text on 9/24/2004 (H, S P). Modified for fee on 10/1/2004 (H, S P). (Entered: 09/23/2004)

Sept. 23, 2004
47

USCA Appeal Fees of $255.00 received, receipt number #664515 re 46 Notice of Appeal (H, S P) (Entered: 10/01/2004)

Oct. 1, 2004
48

Acknowledgment from the USCA for Sixth Circuit of receipt of 46 Notice of Appeal (USCA# 04-4178). Date filed in USCA 9/29/04. (H, S P) (Entered: 10/01/2004)

Oct. 1, 2004
49

Opposition to Motion to stay of Proceedings to Enforce Judgment and for Suspension of Injunctive Relief filed by Equal Employment Opportunity Commission. Related document(s) 45 . (Attachments: # 1)(Stern, Jeffrey) (Entered: 10/12/2004)

Oct. 12, 2004
50

Transcript Request by Sundance Rehabilitation Corporation re 46 Notice of Appeal. Transcript is unnecessary, there were no hearings. (H, S P) (Entered: 10/14/2004)

Oct. 14, 2004

Order (Non Document) Denying Motion to stay for lack of good cause shown under Federal Rule Civil Procedure 62 or otherwise, defendant's motion for stay is denied. (Related Doc # 45 )(Judge Lesley Wells)(C, L) (Entered: 11/02/2004)

Nov. 2, 2004
51

Information Copy of opinion from USCA for the Sixth Circuit: Reversing the judgment of the District Court re 46 Notice of Appeal (USCA# 04-4178). This is not a mandate order. Circuit Judges: Boggs and Batchelder, District Judge: Cohn. Date issued by USCA 10/24/06 (Attachments: # 1 Judgment) (H, S P) (Entered: 10/27/2006)

Oct. 26, 2006
52

True copy of mandate from the USCA for the Sixth Circuit: Reversing the judgment of the District Court as to 46 Notice of Appeal (USCA# 04-4178). Date issued as mandate 3/21/07, Costs: None (Related document 51 ) (H, SP) (Entered: 03/26/2007)

March 23, 2007
53

Appeal Remark from US Supreme Court: An extension of time is granted up to and including 7/11/07 to file a petition for a writ certiorari (No. 04-4178) (H, SP) (Entered: 06/15/2007)

June 14, 2007

State / Territory: Ohio

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Aug. 1, 2001

Closing Date: Oct. 26, 2006

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

Sundance Rehabilitation Corporation (North Olmsted, Ohio), Private Entity/Person

Case Details

Causes of Action:

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

Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.

Equal Pay Act, 29 U.S.C. § 206(d)

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

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Issues

General:

Disparate Treatment

Retaliation

EEOC-centric:

Direct Suit on Merits