Case: EEOC v. YELLOW FREIGHT SYSTEMS, INC.

EEOC v. Yellow Freight

EEOC v. Yellow Freight Systems, Inc.

No Court

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); (No Fees Due - U.S.A.). (em) (Entered: 03/31/1998)

Magistrate Judge Katz is so Designated. (em) (Entered: 03/31/1998)

Magistrate Judge Katz is so Designated. (em)

ANSWER to Complaint by Yellow Freight (Attorney John F. Parker). (jp) (Entered: 06/03/1998)

Rule 1.9 certificate filed by Yellow Freight (jp) (Entered: 06/03/1998)

NOTICE OF MOTION by proposed intervenor Ronald S. Walden, for an order granting leave to intervene by Ronald S. Walden ; declaration in support attached; return date not indicated (ls) Modified on 06/08/1998 (Entered: 06/08/1998)

MEMORANDUM by proposed intervenor Ronald S. Walden in support of [4-1] motion for an order granting leave to intervene by Ronald S. (ls) (Entered: 06/08/1998)

Memo endorsed on copy of motion; granting [4-1] motion for an order granting leave to intervene by Ronald S. Walden. ( signed Judge John S. Martin ); Copies mailed. (kw) (Entered: 07/02/1998)

ORDER; at a conference with the Court on 6/29/98, the parties are directed to complete discovery no later than 8/31/98 ; the Court also directed the parties to submit a letter at that time indicating that discovery is complete and that the parties request a conference to set a trial date ( signed by Judge John S. Martin ); Copies mailed (sac) (Entered: 07/02/1998)

AMENDED ORDER, the 6/30/98 order is hereby corrected as follows: the parties are to complete discovery by 11/2/98 (signed by Judge John S. Martin); Copies mailed. (kg) (Entered: 07/02/1998)

Intervenor's COMPLAINT by Ronald S. Walden against Yellow Freight (sac) (Entered: 09/25/1998)

Filed Memo-Endorsement on letter to Judge Martin from Nora E. Curtin dated 10/19/98, reset discovery due for 1/31/99 (signed by Judge John S. Martin) (djc) (Entered: 10/21/1998)

ANSWER to Complaint by Yellow Freight; by attorney Jeffrey I. Pasek for defendant Yellow Freight (ls) (Entered: 10/21/1998)

Filed Memo-Endorsement on letter to Judge Martin from Anne Golden dated 1/19/99; reset discovery due for 3/31/99 ; ( signed by Judge John S. Martin ) (ls) (Entered: 01/22/1999)

NOTICE OF MOTION by E.E.O.C., Ronald S. Walden, for summary judgment purs to FRCP 56, Return date 7/15/99 w. Plaintiffs' Statement of Material Uncontested Facts; (djc) (Entered: 07/16/1999)

AFFIDAVIT of Nicholas Picarello by E.E.O.C., Ronald S. Walden in support Re: [13-1] motion for summary judgment purs to FRCP 56. (djc) (Entered: 07/16/1999)

AFFIDAVIT of Nora E. Curtin by E.E.O.C., Ronald S. Walden in support Re: [13-1] motion for summary judgment purs to FRCP 56 (djc) (Entered: 07/16/1999)

DECLARATION of Anne Golden by E.E.O.C., Ronald S. Walden in support Re: [13-1] motion for summary judgment purs to FRCP 56 (djc) (Entered: 07/16/1999)

AFFIDAVIT of Ronald S. Walden by E.E.O.C., Ronald S. Walden in support Re: [13-1] motion for summary judgment purs to FRCP 56 . (djc) (Entered: 07/16/1999)

MEMORANDUM of LAW by E.E.O.C., Ronald S. Walden in support of [13-1] motion for summary judgment purs to FRCP 56 (djc) (Entered: 07/16/1999)

NOTICE OF CROSS MOTION by Yellow Freight for summary judgment purs to FRCP 56(b) ; Return date not indicated; attached is evidence in support (cd) (Entered: 07/19/1999)

RULE 56.1 STATEMENT filed by Yellow Freight (cd) (Entered: 07/19/1999)

MEMORANDUM by Yellow Freight in support of [13-1] motion for summary judgment purs to FRCP 56 (cd) (Entered: 07/19/1999)

MEMORANDUM by E.E.O.C. in opposition to [19-1] cross motion for summary judgment purs to FRCP 56(b) (ls) (Entered: 08/16/1999)

AFFIDAVIT of Nora E. Curtin by E.E.O.C. in support Re: [22-1] opposition memorandum (ls) (Entered: 08/16/1999)

SUPPLEMENTAL AFFIDAVIT of Ronald S. Walden by E.E.O.C. in opposition Re: [19-1] cross motion for summary judgment purs to FRCP 56(b) (ls) (Entered: 08/16/1999)

RESPONSE by E.E.O.C. Re: [20-1] settlement notice (ls) (Entered: 08/16/1999)

Defendant's Opposition to Plaintiffs' Statement of Material Uncontested Facts (djc) (Entered: 08/17/1999)

REPLY MEMORANDUM by Yellow Freight re: [18-1] support memorandum (djc) (Entered: 08/17/1999)

Notice of reassignment to Judge William H. Pauley III Copy of notice and judge's rules mailed to Attorney(s) of record: Nora E. Curtin . (bm) (Entered: 10/22/1999)

ORDER, set oral argument on pltff's motion and deft's cross-motion for summary judgment for 2:30 1/28/00 (signed by Judge William H. Pauley III ); Copies mailed. (lam) (Entered: 12/27/1999)

Oral argument held before Judge William H. Pauley III; Judge's decision reserved. (lam) (Entered: 02/01/2000)

Oral argument held before Judge William H. Pauley III; Judge's decision reserved. (lam)

ORDER, denying [13-1] motion for summary judgment purs to FRCP 56, and denying [19-1] cross motion for summary judgment purs to FRCP 56(b); set pre-trial conference for 10:00 a.m. on 5/12/00 ( signed by Judge William H. Pauley III ); mailed. (kw) (Entered: 03/23/2000)

NOTICE OF MOTION by Yellow Freight; for an order granting reconsideration of the order that it issued on 3/21/00 (docketed 3/23/00) and to grant defendant's cross-motion for summary judgment ; no return date indicated. (Received in the night deposit box on 4/3/00 at 6:10 p.m.) (kw) (Entered: 04/05/2000)

MEMORANDUM OF LAW by Yellow Freight in support of [31-1] motion for an order granting reconsideration of the order that it issued on 3/21/00 (docketed 3/23/00) and to grant defendant's cross-motion for summary judgment. (Received in the night deposit box on 4/3/00 at 6:10 p.m.) (kw) (Entered: 04/05/2000)

MEMORANDUM OF LAW by E.E.O.C. in opposition to [31-1] motion for an order granting reconsideration of the order that it issued on 3/21/00 (docketed 3/23/00) and to grant defendant's cross-motion for summary judgment (sac) (Entered: 04/19/2000)

REPLY by Yellow Freight to Re: [33-1] opposition memorandum. (kw) (Entered: 05/02/2000)

Pretrial Conference held and conclude before Judge William H. Pauley III. Contested issue - yes. (kw) (Entered: 05/25/2000)

Pretrial Conference held and conclude before Judge William H. Pauley III. Contested issue - yes. (kw)

SCHEDULING ORDER: the parties shall submit a joint pretrial order by 7/7/00; a final pretrial conference is set for 7/21/00 at 11:15 a.m. ( Signed by Judge William H. Pauley III ); copies mailed. (kw) (Entered: 05/16/2000)

ORDER, denying [31-1] motion for an order granting reconsideration of the order that it issued on 3/21/00 (docketed 3/23/00) and to grant defendant's cross-motion for summary judgment. (signed by Judge William H. Pauley III); Copies mailed. (ri) (Entered: 05/30/2000)

Pretrial Conference held and concluded before Judge William H. Pauley III. Contested issue - yes. (kw) (Entered: 07/31/2000)

Pretrial Conference held and concluded before Judge William H. Pauley III. Contested issue - yes. (kw)

Joint PRE-TRIAL ORDER filed; (signed by Judge William H. Pauley III ) (djc) (Entered: 07/24/2000)

SCHEDULING ORDER: the parties shall notify the Court if they wish to proceed before a magistrate judge by 7/31/00; if the parties proceed before this Court, the parties shall submit propsed voir dire, jury instructions, and a verdict sheet by 12/4/00; if the parties proceed before this Court, this action shall be trial ready on 48 hrs notice on 12/11/00 ( signed by Judge William H. Pauley III ); Copies mailed by Chambers. (lam) Modified on 07/31/2000 (Entered: 07/28/2000)

Proposed Voir Dire Questions by E.E.O.C., Ronald S. Walden (lam) (Entered: 12/06/2000)

Jury instructions filed by pltffs (filed in night deposti with voir dire questions on 12/4/00 @9:30pm) (lam) (Entered: 12/06/2000)

MEMORANDUM OF LAW by E.E.O.C. in opposition to defendant's motion in limine to offset workers' compensation benefits from potential back pay. (Received in the night deposit box on 12/18/00 at 6:32 p.m.) (kw) (Entered: 12/21/2000)

MEMORANDUM OF LAW by E.E.O.C. in opposition to defendant's motion in limine to exclude from evidence the determinations of the NYSDHR and EEOC. (Received in the night deposit box on 12/18/00 at 6:32 p.m.) (kw) (Entered: 12/21/2000)

DECLARATION of Nora E. Curtin by E.E.O.C. in support Re: [42-1] opposition memorandum. (Received in the night deposit box on 12/18/00 at 6:32 p.m.) (kw) (Entered: 12/21/2000)

REPLY MEMORANDUM by Yellow Freight to re: [42-1] opposition memorandum. (kw) (Entered: 01/04/2001)

REPLY MEMORANDUM by Yellow Freight to re: [41-1] opposition memorandum. (kw) (Entered: 01/04/2001)

Telephone Conference held before Judge William H. Pauley III. (lam) (Entered: 04/27/2001)

Telephone Conference held before Judge William H. Pauley III. (lam)

ORDER, the trial in this action is adjourned and shall be set on this Court's trial-ready calendar, subject to forty-eight hours' notice on 5/14/01 . ( signed by Judge William H. Pauley III ); Copies mailed. (kw) (Entered: 04/18/2001)

Telephone Conference held before Judge William H. Pauley III. (kw) (Entered: 05/24/2001)

Telephone Conference held before Judge William H. Pauley III. (kw)

CONSENT TO TRIAL/PROCEED BEFORE UNITED STATES MAGISTRATE JUDGE. CASE ASSIGNED to Magistrate Judge Theodore H. Katz. ( signed by Judge William H. Pauley III ) (kw) (Entered: 05/22/2001)

Final Pretrial Conference held before Magistrate Judge Theodore H. Katz; Trial scheduled for October 15-19, 2001. (pl) (Entered: 06/25/2001)

Final Pretrial Conference held before Magistrate Judge Theodore H. Katz; Trial scheduled for October 15-19, 2001. (pl)

ORDER, set settlement conference for 2:00 7/18/01 in Courtroom 20D, 500 Pearl Street . ( signed by Magistrate Judge Andrew J. Peck ); Copies mailed. (ae) Modified on 07/05/2001 (Entered: 07/05/2001)

Settlement Conference held before Magistrate Judge Andrew J. Peck . (pl)

Memo-Endorsement on letter addressed to Magistrate Judge Katz from Anne Golden, dated 9/18/01: The trial in this action is adjourned sine die. By 10/1/01, the parties shall either propose attractive trial dates or seek a conference with the Court . ( signed by Magistrate Judge Theodore H. Katz ); Copies mailed. (tp) (Entered: 09/26/2001)

Letter filed by Ronald S. Walden addressed to Hon. Theodore H. Katz from Anne Golden, dated 9/18/01, re: adjournment of bench trial. (yv) (Entered: 10/15/2001)

Letter filed by Ronald S. Walden addressed to Magistrate Judge Katz from Anne Golden, dated 10/1/01, re: request for a conference. (bai) (Entered: 10/12/2001)

Pretrial Conference held before Magistrate Judge Theodore H. Katz; pre-trial briefs due 12/21/01; trial date set for 1/28/02-1/31/02 . (bai) Modified on 10/24/2001 (Entered: 10/24/2001)

Pretrial Conference held before Magistrate Judge Theodore H. Katz; pre-trial briefs due 12/21/01; trial date set for 1/28/02-1/31/02 . (bai) Modified on 10/24/2001

NOTICE of address change filed by E.E.O.C. . (yv) (Entered: 11/07/2001)

NOTICE OF MOTION by Yellow Freight; for an Order providing that any damages awarded to Plaintiff Ronald S. Walden ("Walden") for back pay should be offset by the amount of compensation received by Walden from Yellow Freight's workers' compensation program . Return date not indicated. (jco) (Entered: 12/07/2001)

MEMORANDUM OPINION AND ORDER #86325; deft's motion to offset a potential back pay award is granted to the extent that it will permitted to offer evidence at trial demonstrating its entitlement to reduce any back pay award by the amount of workers' compensation benefits it directly provided Pltff, and denied to the extent that deft has moved this Court to make a final determination on this issue in limine. Deft's motion to exclude evidence of the NYDHR and EEOC determinations is denied. ( signed by Magistrate Judge Theodore H. Katz ); Copies mailed. (sac) (Entered: 12/06/2001)

PRE-TRIAL BRIEF by E.E.O.C. (yv) (Entered: 12/26/2001)

PRETRIAL BRIEF REGARDING LEGAL ISSUES (djc) (Entered: 12/27/2001)

NOTICE OF MOTION by Yellow Freight for Jeffrey L. Braff to appear pro hac vice for deft Yellow Freight ; Return date not indicated (cd) (Entered: 02/08/2002)

NOTICE OF MOTION by Yellow Freight for Anita B. Weinstein to appear pro hac vice for deft Yellow Freight ; Return date not indicated (cd) (Entered: 02/08/2002)

Transcript of record of proceedings before Magistrate Judge Theodore H. Katz for the date(s) of 1/28/02, 1/29/02, 1/30/02, 1/31,02, 2/1/02, 2/4/02, 2/5/02, 2/6/02, 2/7/02, 2/8/02. (yv) (Entered: 03/11/2002)

PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW by E.E.O.C. . (pl) (Entered: 03/25/2002)

PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW by Yellow Freight . (pl) (Entered: 03/25/2002)

UNREPORTED CASES CITED IN DEFENDANT'S PRETRIAL BRIEF AND/OR POST-TRIAL BRIEF. (pl) (Entered: 03/25/2002)

POST-TRIAL BRIEF by Yellow Freight (pl) Modified on 03/25/2002 (Entered: 03/25/2002)

Terminated documents 54-1,57-1,58-1 pursuant to instructions of Magistrate Judge Katz as indicated on the CJRA report. (motions decided) (rag) (Entered: 05/29/2002)

Terminated documents 54-1,57-1,58-1 pursuant to instructions of Magistrate Judge Katz as indicated on the CJRA report. (motions decided) (rag)

MEMORANDUM OPINION # 87405, for reasons set forth, the Court finds that Defendant unlawfully discriminated against Plaintiff Ronald S. Walden on account of his disability, in violation of both the Americans with Disabilities Act, 42 U.S.C. 12112, and New York Human Rights Law, N.Y. Exec. Law 296. Accordingly, it is hereby ORDERED: (1) The Clerk of the Court shall enter judgment in favor of Plaintiffs, the Equal Employment Opportunity Commission and Ronald Walden, and against Defendant, Yellow Freight Systems, Inc.; (2) The Judgment shall include an award to Walden of $156,867 in backpay, along with prejudgment interest, to be calculated by the Clerk of the Court according to the formula set forth above, at 84-86; and an award to Walden of $50,000 in punitive damages; (3) Within forty-five days of the entry of judgment, Defendant shall make the contributions to Plaintiff's pension fund that it would have made had Plaintiff worked as a Yard Jockey from September 23, 1994, through March 30, 2001 . ( signed by Magistrate Judge Theodore H. Katz ); Copies mailed. Document forwarded to judgment clerk. (yv) (Entered: 09/10/2002)

JUDGMENT #02,1764. For the reasns stated in the Court's Opinion (87405) and Order dated Sepember 4, 2002, judgment is entered in favor of plaintiffs, the EEOC and Ronald Walden, and against defendant Yellow Freight System, Inc.; Walden is awarded $156,867 in backpay, along iwth prejudgment interest of $43,875.66 and $50,000 in punitive damages for a total sum of $250,742.66, and within forty-five days of the entry of judgment, defendant is ordered to make contributions to plaintiff's pension fund that it wouldl have made had plaintiff worked as a yard Jockey from September 23, 1994, through March 30, 2001; (signed by James M. Parkison, Clerk of the Court); Mailed copies and notice of right to appeal. Entered On Docket: 09/17/02. (djc) (Entered: 09/17/2002)

Case closed. (djc) (Entered: 09/17/2002)

Case closed. (djc)

STIPULATION and ORDER, counsel for the parties hereby stipulate and agree as follows: intervenor plaintiff's motion for attorney's fees shall be served so as to be received by dft's counsel on or before 10/29/02; dft's response shall be served so as to be received by intervenor plaintiff's counsel on or before 11/27/02; interveor plaintiff's reply papers, if any, shall be served so as to be received by dft's counsel on or before 12/13/02, Upon receipt of plaintiff's motion, the parties are expected to make good faith effort to resolve the issue of attorneys' fees . ( signed by Magistrate Judge Theodore H. Katz ) copies mailed by chambers 9/30/02. (dle) (Entered: 10/18/2002)

Transcript of record of proceedings before Magistrate Judge Theodore H. Katz for the date(s) of 1/28/02. (moc) (Entered: 10/08/2002)

Transcript of record of proceedings before Magistrate Judge Theodore H. Katz for the date(s) of 1/29/02. (moc) (Entered: 10/08/2002)

Transcript of record of proceedings before Magistrate Judge Theodore H. Katz for the date(s) of 1/30/02. (moc) (Entered: 10/08/2002)

Transcript of record of proceedings before Magistrate Judge Theodore H. Katz for the date(s) of 1/31/02. (moc) (Entered: 10/08/2002)

Memo-Endorsement on letter addressed to Mag. Judge Katz from Jeffrey L. Braff, dated 11/27/02; in view of the resolution of the attorneys' fees issue, the Court's September 30, 2002 scheduling order is vacated ; (signed by Magistrate Judge Theodore H. Katz ); Copies mailed by Chambers; (djc) (Entered: 12/02/2002)