Case: EEOC v. GANNETT COMPANY, INC. d/b/a GREEN BAY PRESS-GAZETTE

2:00-cv-00283 | U.S. District Court for the Eastern District of Wisconsin

Filed Date: Feb. 23, 2000

Closed Date: July 11, 2002

Clearinghouse coding complete

Case Summary

In February 2000, the Milwaukee District Office of the EEOC brought this suit against Gannett Company Inc., d/b/a Green Bay Press-Gazette, in the U.S. District Court for the Eastern District of Wisconsin alleging discrimination in violation of the Americans with Disabilities Act of 1990 ("ADA"). Specifically, the complaint alleged that the defendant failed to reasonably accommodate the charging party's mental disabilities and fired her because of her disabilities. The defendant filed a motion…

In February 2000, the Milwaukee District Office of the EEOC brought this suit against Gannett Company Inc., d/b/a Green Bay Press-Gazette, in the U.S. District Court for the Eastern District of Wisconsin alleging discrimination in violation of the Americans with Disabilities Act of 1990 ("ADA"). Specifically, the complaint alleged that the defendant failed to reasonably accommodate the charging party's mental disabilities and fired her because of her disabilities.

The defendant filed a motion to dismiss in April 2000 which was denied in July 2000. After some discovery, the parties participated in a settlement conference in May 2001. The defendant filed a motion for summary judgment a few weeks later in mid June which was denied in mid September 2001. The case was tried by a jury in late November 2001 with the jury returning a verdict in favor of the defendant. The court entered a judgment for the defendant in early December. A few days later, the EEOC filed a motion for a new trial and a motion for partial summary judgment. However, both these motions were denied in January 2002. The EEOC filed a notice of appeal in March 2002. In July 2002, the appeal was dismissed.

Summary Authors

Justin Kanter (7/30/2007)

Documents in the Clearinghouse

Document

Docket [PACER - 7th Cir.]

EEOC v. Gannett Company, Inc.

U. S. Court of Appeals for the Seventh Circuit

July 16, 2002 Docket

Docket [PACER]

EEOC v. Gannett Company, Inc.

Oct. 16, 2002 Docket
1

Complaint

EEOC v. Gannett Company, Inc.

Feb. 23, 2000 Complaint

Docket

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

ECF Number Description Date Link
1

COMPLAINT (Summons(es) issued); jury demand Consent Forms Distributed for Magistrate Judge Patricia J. Gorence (eeb, )

Feb. 23, 2000
2

ATTORNEY APPEARANCE for defendant Gannett Company Inc by Timothy G Costello, Mark A Johnson (tlf, )

March 21, 2000
3

CERTIFICATE OF INTEREST by defendant Gannett Company Inc (tlf, )

March 21, 2000
5

CERTIFICATE OF SERVICE by defendant Gannett Company Inc (tlf, )

March 21, 2000
6

NOTICE OF MOTION and MOTION by defendant Gannett Company Inc to dismiss (tlf, ) (Entered: 04/25/2000)

April 24, 2000
7

BRIEF by defendant Gannett Company Inc in support of motion to dismiss [6-1] (tlf, ) (Entered: 04/25/2000)

April 24, 2000
8

CERTIFICATE OF SERVICE by defendant Gannett Company Inc (tlf, ) (Entered: 04/25/2000)

April 24, 2000
9

BRIEF by plaintiff EEOC in opposition to motion to dismiss [6-1] (tlf, ) (Entered: 05/16/2000)

May 15, 2000
10

REPLY BRIEF by defendant Gannett Company Inc in support of motion to dismiss [6-1] (tlf, ) (Entered: 05/30/2000)

May 26, 2000
11

DECISION AND ORDER: by Senior Judge Thomas J. Curran denying motion to dismiss [6-1]; ordering defendant to file an answer to the complaint within 10 days of the date of this order (cc: all counsel) (tlf, ) (Entered: 07/27/2000)

July 26, 2000
12

ANSWER by defendant Gannett Company Inc to [1-1]; jury demand (tlf, ) (Entered: 08/07/2000)

Aug. 4, 2000
13

CERTIFICATE OF SERVICE by defendant Gannett Company Inc (tlf, ) (Entered: 08/07/2000)

Aug. 4, 2000
14

NOTICE of hearing by the Court ; telephone scheduling conference set for 9:00 10/12/00 (cc: all counsel) (tlf, ) (Entered: 08/09/2000)

Aug. 8, 2000
15

HEARING MINUTES: by Senior Judge Thomas J. Curran ; amended pleadings ddl set for 12/1/00 ; discovery ddl set for 4/1/01 ; motion filing ddl set for 6/15/01 ; settlement report due 4/10/01; plaintiff to disclose experts by 3/1/01, defendant by 4/15/01; expert discovery ddl 5/15/01; pretrial conference set for 8:45 10/25/01 ; jury trial set for 9:30 11/26/01 (6/28/02, 3/11/02) est 4 days; status hearing held 10/12/00 (tlf, ) (Entered: 10/13/2000)

Oct. 12, 2000
16

ORDER by Senior Judge Thomas J. Curran SEE 10/12/00 Hearing Minutes (cc: all counsel) (tlf, )

Oct. 13, 2000
17

NOTICE OF MOTION AND MOTION by plaintiff EEOC for protective order (eeb, ) (Entered: 03/01/2001)

Feb. 28, 2001
18

BRIEF by plaintiff EEOC in support of motion for protective order [17-1] (eeb, ) (Entered: 03/01/2001)

Feb. 28, 2001
19

CERTIFICATION of compliance with Fed. R. Civ.P. 26(c) and AFFIDAVIT of Dennis R. McBride in support of plaintiffs motion for protective order filed by plaintiff (eeb, ) Modified on 03/01/2001 (Entered: 03/01/2001)

Feb. 28, 2001
20

CERTIFICATE OF SERVICE by plaintiff EEOC (eeb, ) (Entered: 03/01/2001)

Feb. 28, 2001
21

ORDER by Senior Judge Thomas J. Curran setting hearing on motion for protective order [17-1] at 11:00 a.m. on 3/9/01. FURTHER ORDERED that the defendant shall serve and file a response in chambers on or before 5:00 p.m. on 3/6/01. (cc: all counsel) (eeb, )

March 2, 2001
22

NOTICE OF MOTION AND MOTION by defendant Gannett Company Inc for order directing Rule 35(a) mental examination of Janet Gilliland (eeb, ) (Entered: 03/07/2001)

March 6, 2001
23

BRIEF by defendant Gannett Company Inc in support of motion for order [22-1] and in opposition to plaintiffs motion for protective order. (eeb, ) (Entered: 03/07/2001)

March 6, 2001
23

BRIEF by defendant Gannett Company Inc in opposition to motion for protective order [17-1] (eeb, ) (Entered: 03/07/2001)

March 6, 2001
24

AFFIDAVIT of Mark A. Johnson in support of motion for Rule 35(a) examination of Janet Gilliland and in opposition to plaintiffs motion for protective order w/attached exhibits (eeb, ) (Entered: 03/07/2001)

March 6, 2001
25

CERTIFICATE OF SERVICE by defendant Gannett Company Inc (eeb, ) (Entered: 03/07/2001)

March 6, 2001
26

REPLY BRIEF by plaintiff EEOC in support of motion for protective order [17-1] (tlf, ) (Entered: 03/12/2001)

March 8, 2001
27

HEARING MINUTES: by Senior Judge Thomas J. Curran that the court denies motion of plaintiff to prohibit examination of Ms. Dillon by Dr. Spiro; examine is restricted to 4 hours. Court grants motion to compel. Court orders that disclosure of Dr. Spiro's report be made to both parties. Plaintiffs ask that order be stayed for at least a week. Court will stay both exam and publishing of order until Wednesday at 5:00 p.m., March 14, 2001. Court Reporter: John S. (eeb, ) (Entered: 03/13/2001)

March 9, 2001
28

ORDER by Senior Judge Thomas J. Curran denying in part and granting in part motion for order [22-1] directing Rule 35(a) Mental Examination of Janet Gilliland, denying in part and granting in part motion for protective order [17-1] (cc: all counsel) (eeb, ) (Entered: 03/13/2001)

March 9, 2001
29

ORDER by Senior Judge Thomas J. Curran Case referred to Mag Judge Patricia J. Gorence for the purpose of conducting mediation before the deadline for the filing of dispositive motions on 6/15/01. (cc: all counsel) (eeb, ) (Entered: 04/19/2001)

April 18, 2001
30

ORDER by Mag Judge Patricia J. Gorence Mediation/Settlement Conference set for 10:00 a.m. on 5/30/01 (cc: all counsel) (cms, )

April 20, 2001
31

HEARING MINUTES: by Mag Judge Patricia J. Gorence Mediation/Settlement Conference held on 5/30/01 Court conducts a mediation. Parties are unable to reach a settlement at this time. (cms, ) (Entered: 05/31/2001)

May 30, 2001
32

LETTER from plaintiff EEOC in regards to the Mediation (cms, )

June 4, 2001
33

NOTICE OF MOTION AND MOTION by defendant Gannett Company Inc for summary judgment (eeb, )

June 15, 2001
34

BRIEF by defendant Gannett Company Inc in support of motion for summary judgment [33-1] (eeb, )

June 15, 2001
36

AFFIDAVIT of Patricia A. Lauten (eeb, )

June 15, 2001
37

AFFIDAVIT of William T. Nusbaum (eeb, )

June 15, 2001
38

AFFIDAVIT of Mark A. Johnson w/attached exhibits (eeb, )

June 15, 2001
39

CERTIFICATE OF SERVICE by defendant Gannett Company Inc (eeb, )

June 15, 2001
40

MOTION by plaintiff EEOC for order for CONFIDENTIALLY of Summary Judgment Materials (eeb, ) (Entered: 07/17/2001)

July 16, 2001
41

CERTIFICATE OF SERVICE by plaintiff EEOC (eeb, ) (Entered: 07/17/2001)

July 16, 2001
42

STIPULATION and ORDER FOR AMENDMENT OF COMPLAINT AND ANSWER by Senior Judge Thomas J. Curran : substituting "Gannett Satellite Information Network, Inc." in place of "Gannett Company, Inc." , the Answer shall be amended to withdraw the defendants fifth affirmative (undue hardship) defense. terminating party Gannett Company Inc (cc: all counsel) (eeb, ) (Entered: 07/25/2001)

July 23, 2001
43

ORDER by Senior Judge Thomas J. Curran denying motion for order for CONFIDENTIALLY of Summary Judgment Materials [40-1]. The plaintiff has provided no legal basis for its request to seal the materials which relate to the claims the plaintiffs has put into issue. (cc: all counsel) (eeb, ) (Entered: 07/25/2001)

July 23, 2001
44

RESPONSE by plaintiff EEOC to defendants proposed findings of fact and plaintiffs statement of facts in opposition to defendants motion for summary judgment. (eeb, ) (Entered: 07/26/2001)

July 23, 2001
45

BRIEF by plaintiff EEOC in opposition to motion for summary judgment [33-1] (eeb, ) (Entered: 07/26/2001)

July 23, 2001
46

AFFIDAVIT of Dennis R. McBride in opposition to defendants motion for summary judgment w/attached exhibits. (eeb, ) (Entered: 07/26/2001)

July 23, 2001
47

REPLY BRIEF by defendant Gannett Satellite in support of motion for summary judgment [33-1] (eeb, ) (Entered: 08/06/2001)

Aug. 3, 2001
48

REPLY by defendant Gannett Satellite to plaintiffs response to defendants proposed findings of fact and plaintiffs statement of facts in opposition to defendants motion for summary judgment. (eeb, ) (Entered: 08/06/2001)

Aug. 3, 2001
49

SUPPLEMENTAL AFFIDAVIT of Mark A. Johnson (eeb, ) (Entered: 08/06/2001)

Aug. 3, 2001
50

CERTIFICATE OF SERVICE by defendant Gannett Satellite (eeb, ) (Entered: 08/06/2001)

Aug. 3, 2001
51

DECISION AND ORDER: by Senior Judge Thomas J. Curran denying deft's motion for summary judgment [33-1] (cc: all counsel) (kmm, ) (Entered: 09/18/2001)

Sept. 17, 2001
52

PRETRIAL REPORT by plaintiff EEOC (eeb, ) (Entered: 10/23/2001)

Oct. 22, 2001
54

PROPOSED Jury Instructions submitted by defendant Gannett Satellite (eeb, ) (Entered: 10/23/2001)

Oct. 22, 2001
55

PROPOSED Voir Dire Questions submitted by defendant Gannett Satellite (eeb, ) (Entered: 10/23/2001)

Oct. 22, 2001
56

PROPOSED Verdict Form submitted by defendant Gannett Satellite (eeb, ) (Entered: 10/23/2001)

Oct. 22, 2001
57

CERTIFICATE OF SERVICE by defendant Gannett Satellite (eeb, ) (Entered: 10/23/2001)

Oct. 22, 2001
58

MOTIONS by defendant Gannett Satellite (Green Bay Press-Gazette) in limine (eeb, ) Modified on 11/08/2001

Nov. 8, 2001
59

AFFIDAVIT of Mark A. Johnson in support of deft Gannett Satellite Information Network, Inc. (Green Bay Press-Gazette) (eeb, )

Nov. 8, 2001
60

CERTIFICATE OF SERVICE by defendant Gannett Satellite (Green Bay Press-Gazette) (eeb, )

Nov. 8, 2001
61

MOTION by plaintiff EEOC to exclude testimony of Herzl Spiro, M.D. (eeb, )

Nov. 9, 2001
62

MOTIONS by plaintiff EEOC in limine (eeb, )

Nov. 9, 2001
63

AFFIDAVIT of Dennis R. McBride in support of plaintiffs motions in limine and plaintiffs motion to exclude testimony of Herzl Spiro, M.D. w/attached exhibits (eeb, )

Nov. 9, 2001
64

MOTION by plaintiff EEOC for leave to exceed page limit (eeb, )

Nov. 9, 2001
65

AMENDED TRIAL EXHIBIT list by plaintiff EEOC (eeb, )

Nov. 9, 2001
66

CERTIFICATE OF SERVICE by plaintiff EEOC (eeb, )

Nov. 9, 2001
67

REVISED AMENDED TRIAL EXHIBIT list by plaintiff EEOC (eeb, )

Nov. 13, 2001
68

AMENDED PRETRIAL REPORT by defendant Gannett Satellite (eeb, ) (Entered: 11/15/2001)

Nov. 14, 2001
69

CERTIFICATE OF SERVICE by defendant Gannett Satellite (eeb, ) (Entered: 11/15/2001)

Nov. 14, 2001
70

ORDER by Senior Judge Thomas J. Curran granting motion for leave to exceed page limit [64-1] IT IS FURTHER ORDERED that the parties shall serve and file responses to all motions in limine on or before 11/21/01. The defendant may file a brief of ten pages or less in response to the plaintiffs Motion to Exclude Testimony of Herzl Spiro, M.D. (cc: all counsel) (eeb, ) (Entered: 11/16/2001)

Nov. 14, 2001
71

LETTER REQUEST by plaintiff EEOC requesting a clarification from the court concerning the procedure for the trial of this case, which is scheduled to begin on Monday, November 26, 2001. (eeb, ) (Entered: 11/19/2001)

Nov. 16, 2001
72

ORIGINAL Document - plaintiffs counter designation to the deposition of Julia M. Wilke. (eeb, ) (Entered: 11/19/2001)

Nov. 16, 2001
74

MOTION by plaintiff EEOC for leave to file motion in limine regarding police report w/attached motion in limine (eeb, )

Nov. 21, 2001
75

AFFIDAVIT of Dennis R. McBride in support of plfts motion regarding motion in limine (eeb, )

Nov. 21, 2001
76

AFFIDAVIT of Dennis R. McBride in support of plfts opposition to defts motions in limine (eeb, )

Nov. 21, 2001
77

BRIEF by plaintiff EEOC in opposition to defts motions in limine [58-1] (eeb, )

Nov. 21, 2001
78

MOTION by plaintiff EEOC for order regarding fact-finder on backpay issue (eeb, )

Nov. 21, 2001
79

CERTIFICATE OF SERVICE by plaintiff EEOC (eeb, )

Nov. 21, 2001
80

BRIEF by defendant Gannett Satellite in opposition to motion in limine [62-1], to motion to exclude testimony of Herzl Spiro, M.D. [61-1] (eeb, ) (Entered: 11/23/2001)

Nov. 21, 2001
81

AFFIDAVIT of Patricia A. Lauten w/attached exhibits (eeb, ) (Entered: 11/23/2001)

Nov. 21, 2001
82

CERTIFICATE OF SERVICE by defendant Gannett Satellite (eeb, ) (Entered: 11/23/2001)

Nov. 21, 2001
83

ORIGINAL DEPOSITION of Steven Cywinski (w/attached exhibits) taken on the following date(s): 3/20/01 at 10:32 a.m. in Stevens Point, WI. This deposition will be used as noted in the pretrial report. ORIGINAL IN CHAMBERS (eeb, ) Modified on 11/23/2001

Nov. 23, 2001
84

BRIEF by defendant Gannett Satellite in opposition to motion in limine [62-1] (eeb, )

Nov. 23, 2001
85

BRIEF by defendant Gannett Satellite in opposition to motion for order regarding fact-finder on backpay issue [78-1] (eeb, )

Nov. 23, 2001
86

AFFIDAVIT of Mark A. Johnson (eeb, )

Nov. 23, 2001
87

CERTIFICATE OF SERVICE by defendant Gannett Satellite (eeb, )

Nov. 23, 2001
90

HEARING MINUTES: by Senior Judge Thomas J. Curran jury trial started 11/26/01; 11/27/01; 11/28/01; 11/29/01 and adjourned on 11/30/01 , ; jury trial held 11/26/01 Court Reporter: John S. (eeb, ) (Entered: 12/04/2001)

Nov. 26, 2001
96

STIPULATION by the parties regarding exhibits contained in certain documents filed in this case. (eeb, ) (Entered: 12/10/2001)

Nov. 26, 2001
97

STIPULATION by the parties regarding amount of potential backpay claim (eeb, ) (Entered: 12/10/2001)

Nov. 26, 2001
88

MEMORANDUM OF LAW filed by plaintiff EEOC regarding Episodic Conditions and Employers Knowledge of Disabilities. (eeb, )

Nov. 29, 2001
89

PROPOSED Additional Jury Instructions submitted by plaintiff EEOC (eeb, )

Nov. 29, 2001
92

EXHIBITS received for plaintiff EEOC, defendant Gannett Satellite ; exhibit list filed (eeb, )

Dec. 4, 2001
93

ORDER by Senior Judge Thomas J. Curran granting motion for order regarding fact-finder on backpay issue [78-1], granting motion for leave to file motion in limine regarding police report w/attached motion in limine [74-1], granting in part and denying in part motion in limine [62-1], denying motion to exclude testimony of Herzl Spiro, M.D. [61-1], granting in part and denying in part motion in limine [58-1] (cc: all counsel) (eeb, ) (Entered: 12/10/2001)

Dec. 7, 2001
94

ORDER FOR JUDGMENT by Senior Judge Thomas J. Curran that the Clerk of Court shall enter a final judgment as a separate document. (cc: all counsel) (eeb, ) (Entered: 12/10/2001)

Dec. 7, 2001
95

JUDGMENT: by Deputy Clerk that plaintiff Equal Employment Opportunity Commission take nothing and that this action brought against Gannett Satellite Information Network, Inc., d/b/a Green Bay Press-Gazette is dismissed upon its merits. dismissing case (cc: all counsel) (eeb, ) (Entered: 12/10/2001)

Dec. 7, 2001
98

MOTION by plaintiff EEOC for new trial , and for summary judgment on failure-to-accommodate claim (eeb, )

Dec. 11, 2001
99

BRIEF by plaintiff EEOC in support of motion for new trial [98-1], of motion for summary judgment on failure-to-accommodate claim [98-2] (eeb, )

Dec. 11, 2001
100

BRIEF by defendant Gannett Satellite in opposition to motion for new trial [98-1], to motion for summary judgment on failure-to-accommodate claim [98-2] (tlf, ) (Entered: 01/02/2002)

Dec. 31, 2001
101

REPLY BRIEF by plaintiff EEOC in support of motion for new trial [98-1], motion for summary judgment on failure-to-accommodate claim [98-2] (eeb, )

Jan. 15, 2002
102

DECISION AND ORDER: by Senior Judge Thomas J. Curran denying motion for new trial [98-1], denying motion for summary judgment on failure-to-accommodate claim [98-2] (cc: all counsel) (eeb, ) (Entered: 01/23/2002)

Jan. 22, 2002
103

AFFIDAVIT of Patricia A. Lauten w/attached exhibits. (eeb, ) (Entered: 02/04/2002)

Feb. 1, 2002

BILL OF COSTS proposed by defendant Gannett Satellite Briefing letter mailed (eeb, )

Feb. 4, 2002

State / Territory: Wisconsin

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Feb. 23, 2000

Closing Date: July 11, 2002

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

Gannett Company, Inc. (Green Bay, WI), 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)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Disparate Treatment

Discrimination-area:

Accommodation / Leave

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits