Case: EEOC v. SWIFT TRANSPORTATION CO., INC.

2:99-cv-02329 | U.S. District Court for the District of Kansas

Filed Date: July 28, 1999

Closed Date: Dec. 7, 2003

Clearinghouse coding complete

Case Summary

In July 1999, the St. Louis District Office of the EEOC (with participation from the Kansas City Area Office) brought this suit against Swift Transportation Co., Inc., a nationwide truck carrier, in the U.S. District Court for the U.S. District of Kansas. We do not have a copy of the complaint. However, according to an EEOC press release, the complaint alleged that the defendant paid the charging parties, female driver managers, less than males in the same positions in violation of Title VII …

In July 1999, the St. Louis District Office of the EEOC (with participation from the Kansas City Area Office) brought this suit against Swift Transportation Co., Inc., a nationwide truck carrier, in the U.S. District Court for the U.S. District of Kansas. We do not have a copy of the complaint. However, according to an EEOC press release, the complaint alleged that the defendant paid the charging parties, female driver managers, less than males in the same positions in violation of Title VII of the Civil Rights Act of 1964 and the Equal Pay Act. The defendant filed a motion to dismiss the complaint in September 1999 which was denied in November. After several scheduling orders, the parties participated in an unsuccessful settlement conference in February 2000. Following additional discovery, the defendant filed a motion for summary judgment in August 2000. The motion was granted in part and denied in part in November 2000. Shortly after in early December, the parties settled through a consent decree. We do not have a copy of the decree.

According to the EEOC press release, the decree required the defendant to: develop a policy providing the factors to be relied upon in setting salaries and raises, post a notice of the decree, report to the EEOC at specified intervals, increase the salaries of female employees to an equal level as males, and pay $450,000 to be divided among six charging parties.

Summary Authors

Justin Kanter (7/26/2007)

Documents in the Clearinghouse

Document

2:99-cv-02329

Docket (PACER)

EEOC v. Swift Transportation Co., Inc.

Dec. 7, 2000

Dec. 7, 2000

Docket
12

2:99-cv-02329

Memorandum and Order

EEOC v. Swift Transportation Co., Inc.

76 F.Supp.2d 1151, 1999 U.S.Dist.LEXIS 18730

Nov. 12, 1999

Nov. 12, 1999

Order/Opinion
75

2:99-cv-02329

Memorandum and Order

EEOC v. Swift Transportation Co., Inc.

120 F.Supp.2d 982, 2000 U.S.Dist.LEXIS 17788

Nov. 9, 2000

Nov. 9, 2000

Order/Opinion

2:99-cv-02329

EEOC Press Release

EEOC v. Swift Transportation Co., Inc.

No Court

Dec. 7, 2000

Dec. 7, 2000

Press Release

Resources

Docket

Last updated Aug. 9, 2022, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with trial location of Kansas City, Kansas; jury demand by plaintiff; no summons issued (MG) (Entered: 07/29/1999)

July 28, 1999

July 28, 1999

2

MINUTE ORDER ENTERED by Clerk Case reassigned to Judge John W. Lungstrum (cc: all counsel) (ICMSUSER) (Entered: 08/09/1999)

Aug. 6, 1999

Aug. 6, 1999

3

MOTION for attorney, Barbara A Seely, to appear pro hac vice by plaintiff; referred to Judge John W. Lungstrum (ICMSUSER) (Entered: 08/17/1999)

Aug. 13, 1999

Aug. 13, 1999

4

ENTRY OF APPEARANCE for defendant by attorneys, Rebecca McGinnis and Paula E. Hosler (ICMSUSER) (Entered: 09/01/1999)

Aug. 30, 1999

Aug. 30, 1999

5

FIRST AMENDED COMPLAINT re: complaint [1-1] by plaintiff EEOC; jury demand (TRS) (Entered: 09/10/1999)

Sept. 9, 1999

Sept. 9, 1999

7

MEMORANDUM by defendant in support of motion to dismiss first amended complaint by defendant; referred to Judge John W. Lungstrum [6-1] (ICMSUSER) (Entered: 09/28/1999)

Sept. 27, 1999

Sept. 27, 1999

8

ENTRY OF APPEARANCE for plaintiff EEOC by attorney Andrea G. Baran (TRS) (Entered: 10/05/1999)

Oct. 4, 1999

Oct. 4, 1999

9

ORDER ENTERED: by Judge John W. Lungstrum granting motion for attorney Barbara A Seely, to appear pro hac vice by plaintiff [3-1] (cc: all counsel) (TRS) (Entered: 10/21/1999)

Oct. 20, 1999

Oct. 20, 1999

10

MEMORANDUM in opposition by plaintiff EEOC to motion to dismiss first amended complaint by defendant; referred to Judge John W. Lungstrum [6-1] (TRS) (Entered: 10/21/1999)

Oct. 20, 1999

Oct. 20, 1999

11

REPLY by defendant Swift Transportation to response to motion to dismiss first amended complaint by defendant; referred to Judge John W. Lungstrum [6-1] (TRS) (Entered: 11/05/1999)

Nov. 4, 1999

Nov. 4, 1999

12

MEMORANDUM AND ORDER: by Judge John W. Lungstrum denying motion to dismiss first amended complaint by defendant [6-1] 11 pages (cc: all counsel) (TRS) (Entered: 11/15/1999)

Nov. 12, 1999

Nov. 12, 1999

13

MOTION to consolidate cases 99-2329 and 99-2233 by plaintiff EEOC referred to Judge John W. Lungstrum (TRS) (Entered: 11/30/1999)

Nov. 29, 1999

Nov. 29, 1999

14

MEMORANDUM by plaintiff EEOC in support of motion to consolidate cases 99-2329 and 99-2233 by plaintiff EEOC referred to Judge John W. Lungstrum [13-1] (TRS) (Entered: 11/30/1999)

Nov. 29, 1999

Nov. 29, 1999

15

ANSWER by defendant Swift Transportation to complaint [5-1] (TRS) (Entered: 11/30/1999)

Nov. 29, 1999

Nov. 29, 1999

16

ORDER ENTERED: by Judge John W. Lungstrum denying motion to consolidate cases 99-2329 and 99-2233 by plaintiff EEOC [13-1] (cc: all counsel) (TRS) (Entered: 12/13/1999)

Dec. 10, 1999

Dec. 10, 1999

17

PRELIMINARY SCHEDULING ORDER ENTERED: by Judge John W. Lungstrum; The court orders the parties to conduct their Rule 26(f) meeting on or before 12/23/99; (cc: all counsel) (ICMSUSER) (Entered: 12/17/1999)

Dec. 16, 1999

Dec. 16, 1999

18

REPORT of parties' planning meeting by plaintiff EEOC, defendant Swift Transportation (TRS) (Entered: 12/22/1999)

Dec. 21, 1999

Dec. 21, 1999

19

SCHEDULING ORDER ENTERED by Judge John W. Lungstrum Discovery deadline 6/30/00; dispositive motion deadline 7/31/00; pretrial conference set for 3:30 p.m. on 7/24/00; jury trial set for 12/5/00; ETT 7-10 days (cc: all counsel) (YH) (Entered: 12/28/1999)

Dec. 27, 1999

Dec. 27, 1999

20

CERTIFICATE OF SERVICE of First Interrogatories by defendant Swift Transportation (TRS) (Entered: 01/06/2000)

Jan. 4, 2000

Jan. 4, 2000

22

CERTIFICATE OF SERVICE of Rule 26(a) Initial Disclosures by plaintiff EEOC (TRS) (Entered: 01/12/2000)

Jan. 10, 2000

Jan. 10, 2000

23

CERTIFICATE OF SERVICE of Initial Disclosures by defendant Swift Transportation (TRS) (Entered: 01/12/2000)

Jan. 11, 2000

Jan. 11, 2000

24

CERTIFICATE OF SERVICE of First Set of Interrogatories and First Request for Production of Documents by defendant Swift Transportation (TRS) (Entered: 01/14/2000)

Jan. 13, 2000

Jan. 13, 2000

25

ORDER ENTERED: by Judge John W. Lungstrum settlement conference set for 1:30 2/1/00 before the Honorable David J. Waxse, Magistrate Judge; settlement statements due 1/25/00 (cc: all counsel) (TRS) (Entered: 01/19/2000)

Jan. 18, 2000

Jan. 18, 2000

26

MINUTE SHEET of hearing before Magistrate Judge David J. Waxse Settlement Hearing held 2/2/00; Case remains unsettled (TRS) (Entered: 02/04/2000)

Feb. 2, 2000

Feb. 2, 2000

27

JOINT STIPULATION FOR PROTECTIVE ORDER by plaintiff EEOC, defendant Swift Transportation (TRS) (Entered: 02/09/2000)

Feb. 8, 2000

Feb. 8, 2000

28

PROTECTIVE ORDER by Judge John W. Lungstrum : re: Stipulation of ptlf. and deft. [27-1]; All documents to be covered under this protective order are to be designated as "confidential" and filed under seal. (See Protective Order for further information) (cc: all counsel) (KM) (Entered: 02/10/2000)

Feb. 9, 2000

Feb. 9, 2000

29

CERTIFICATE OF SERVICE of Responses to First Set of Interrogatories and Responses to First Request for Production of Documents by defendant Swift Transportation (TRS) (Entered: 02/23/2000)

Feb. 22, 2000

Feb. 22, 2000

30

CERTIFICATE OF SERVICE of Responses to First Interrogatories and Responses to First Request for Production of Documents by plaintiff EEOC (TRS) (Entered: 03/07/2000)

March 6, 2000

March 6, 2000

31

REPORT ON MEDIATION by plaintiff EEOC; The mediation was unsuccessful (TRS) (Entered: 03/07/2000)

March 6, 2000

March 6, 2000

32

CERTIFICATE OF SERVICE of first supplemental responses to defendant's first interrogatories and first request for production of documents by plaintiff EEOC (YH) (Entered: 03/21/2000)

March 20, 2000

March 20, 2000

33

NOTICE by plaintiff EEOC of taking deposition of Jon Isaacson on 4/10/00 at 9:00 (TRS) (Entered: 03/29/2000)

March 28, 2000

March 28, 2000

34

MOTION for protective order by plaintiff EEOC referred to Judge John W. Lungstrum (TRS) (Entered: 03/29/2000)

March 28, 2000

March 28, 2000

35

MEMORANDUM by plaintiff EEOC in support of motion for protective order by plaintiff EEOC referred to Judge John Lungstrum [34-1] (TRS) (Entered: 03/29/2000)

March 28, 2000

March 28, 2000

36

MINUTE ORDER ENTERED by Clerk denied for reasons set forth in full on the record motion for protective order by plaintiff EEOC [34-1] (cc: all counsel) (TRS) (Entered: 03/31/2000)

March 30, 2000

March 30, 2000

38

CERTIFICATE OF SERVICE of amended second request for production of documents by plaintiff (KM) (Entered: 04/06/2000)

April 5, 2000

April 5, 2000

39

NOTICE by plaintiff EEOC of taking deposition of Jon Isaacson on 5/2/00, Ken Williams on 5/3/00, Cliff Bottorff on 5/5/00, Shane Blair on 5/12/00 (TRS) (Entered: 04/12/2000)

April 10, 2000

April 10, 2000

40

CERTIFICATE OF SERVICE of First Requests for Admissions by plaintiff EEOC (TRS) (Entered: 04/21/2000)

April 19, 2000

April 19, 2000

41

CERTIFICATE OF SERVICE of Responses to Second Request for Production of Documents by defendant Swift Transportation (TRS) (Entered: 05/02/2000)

May 1, 2000

May 1, 2000

42

CERTIFICATE OF SERVICE of responses to plaintiff's amended second request for production of documents by defendant Swift Transportation (YH) (Entered: 05/09/2000)

May 8, 2000

May 8, 2000

43

CERTIFICATE OF SERVICE of Third Request for Production of Documents by defendant Swift Transportation (TRS) (Entered: 05/18/2000)

May 16, 2000

May 16, 2000

44

MOTION to amend amend scheduling order by plaintiff EEOC referred to Judge John W. Lungstrum (TRS) (Entered: 05/22/2000)

May 19, 2000

May 19, 2000

45

ORDER ENTERED: by Judge John W. Lungstrum granting motion to amend amend scheduling order by plaintiff EEOC [44-1] pretrial conference reset for 9:30 7/21/00 (cc: all counsel) (TRS) (Entered: 05/22/2000)

May 19, 2000

May 19, 2000

46

CERTIFICATE OF SERVICE of Responses to Second Set of Interrogatories and First Request for Admissions by defendant Swift Transportation (TRS) (Entered: 05/25/2000)

May 23, 2000

May 23, 2000

47

CERTIFICATE OF SERVICE of Fourth Request for Production of documents by plaintiff EEOC (TRS) (Entered: 05/31/2000)

May 26, 2000

May 26, 2000

48

CERTIFICATE OF SERVICE of First Request for Admissions by defendant Swift Transportation (TRS) (Entered: 06/01/2000)

May 30, 2000

May 30, 2000

49

FINAL WITNESS AND EXHIBIT LIST submitted by defendant Swift Transportation (TRS) (Entered: 06/01/2000)

May 31, 2000

May 31, 2000

50

FINAL WITNESS LIST submitted by plaintiff EEOC (TRS) (Entered: 06/01/2000)

May 31, 2000

May 31, 2000

51

FINAL EXHIBIT LIST by plaintiff EEOC (TRS) (Entered: 06/01/2000)

May 31, 2000

May 31, 2000

52

CERTIFICATE OF SERVICE of Supplemental Rule 26 Initial Disclosures by defendant Swift Transportation (TRS) (Entered: 06/02/2000)

May 31, 2000

May 31, 2000

53

CERTIFICATE OF SERVICE of Responses to Third Request for Production of Documents by defendant Swift Transportation (TRS) (Entered: 06/14/2000)

June 13, 2000

June 13, 2000

54

CERTIFICATE OF SERVICE of Supplemental Response to First Request for Admissions by defendant Swift Transportation (TRS) (Entered: 06/21/2000)

June 20, 2000

June 20, 2000

56

CERTIFICATE OF SERVICE of Responses to Fourth Request for Production of Documents by defendant Swift Transportation (TRS) (Entered: 06/30/2000)

June 28, 2000

June 28, 2000

57

PRETRIAL ORDER ENTERED by Judge John W. Lungstrum: dispositive motions due 8/4/00; Jury Trial set for 12/7/00; estimated trial time 7-10 days; prospects for settlement are poor (cc: all counsel) (TRS) (Entered: 07/24/2000)

July 21, 2000

July 21, 2000

58

MOTION for summary judgment by defendant Swift Transportation referred to Judge John W. Lungstrum (TRS) (Entered: 08/07/2000)

Aug. 4, 2000

Aug. 4, 2000

59

MEMORANDUM by defendant Swift Transportation in support of motion for summary judgment by defendant Swift Transportation referred to Judge John W. Lungstrum [58-1] (TRS) (Entered: 08/07/2000)

Aug. 4, 2000

Aug. 4, 2000

60

MOTION to withdraw attorney by and as to Paula E. Hosler for defendant Swift Transportation referred to Judge John W. Lungstrum (TRS) Modified on 08/24/2000 (Entered: 08/24/2000)

Aug. 23, 2000

Aug. 23, 2000

61

MINUTE ORDER ENTERED by Clerk; The parties have requested an extension of the deadline for submission of Rule 26 (a)(3) disclosures; the deadine is hereby extended from 9/29/00 until 10/31/00 (cc: all counsel) (TRS) (Entered: 08/25/2000)

Aug. 24, 2000

Aug. 24, 2000

62

MEMORANDUM in opposition by plaintiff EEOC to motion for summary judgment by defendant Swift Transportation referred to Judge John W. Lungstrum [58-1] (TRS) (Entered: 08/29/2000)

Aug. 28, 2000

Aug. 28, 2000

63

EXHIBITS by plaintiff EEOC in support of memorandum in opposition [62-1],to motion for summary judgment by defendant Swift Transportation referred to Judge John W. Lungstrum [58-1] (TRS) (Entered: 08/29/2000)

Aug. 28, 2000

Aug. 28, 2000

64

CERTIFICATE OF SERVICE of withdraw by Paula E Hosler as counsel for defendant Swift Transportation (TRS) (Entered: 08/29/2000)

Aug. 28, 2000

Aug. 28, 2000

65

ORDER ENTERED: by Judge John W. Lungstrum granting motion to withdraw attorney Paula E. Hosler for defendant Swift Transportation [60-1] (cc: all counsel) (MM) (Entered: 09/07/2000)

Sept. 6, 2000

Sept. 6, 2000

66

REPLY MEMORANDUM in opposition by defendant Swift Transportation to motion for summary judgment by defendant Swift Transportation referred to Judge John W. Lungstrum [58-1] (TRS) (Entered: 09/14/2000)

Sept. 12, 2000

Sept. 12, 2000

67

MOTION for leave to file a surreply to defendant's reply to plaintiff's memorandum in opposition to defendant's motion for summary judgment by plaintiff EEOC referred to Judge John W. Lungstrum (TRS) (Entered: 09/21/2000)

Sept. 20, 2000

Sept. 20, 2000

68

ORDER ENTERED: by Judge John W. Lungstrum granting motion for leave to file a surreply to defendant's reply to plaintiff's memorandum in opposition to defendant's motion for summary judgment by plaintiff EEOC addressing only those issues and arguments raised in plaintiff's surreply on or before 10/5/00 [67-1] (cc: all counsel) (MM) (Entered: 09/22/2000)

Sept. 22, 2000

Sept. 22, 2000

70

SURREPLY by defendant Swift Transportation in support of its motion for summary judgment referred to Judge John W. Lungstrum [58-1] (VLW) (Entered: 10/06/2000)

Oct. 5, 2000

Oct. 5, 2000

71

WITNESS LIST (Pretrial Disclosures) submitted by defendant Swift Transportation (CK) (Entered: 11/01/2000)

Oct. 31, 2000

Oct. 31, 2000

72

ENTRY OF APPEARANCE for defendant Swift Transportation by attorney Patrick M. Gavin (TRS) (Entered: 11/01/2000)

Oct. 31, 2000

Oct. 31, 2000

73

DISCLOSURES PURSUANT TO RULE 26 (a)(3) (WITNESS AND EXHIBIT LIST) submitted by plaintiff EEOC (TRS) (Entered: 11/02/2000)

Oct. 31, 2000

Oct. 31, 2000

74

NOTICE OF HEARING BY CLERK limine conference hearing set for 3:30 12/6/00 (cc: all counsel) (TRS) (Entered: 11/03/2000)

Nov. 3, 2000

Nov. 3, 2000

75

MEMORANDUM AND ORDER: by Judge John W. Lungstrum granted in part and denied in part motion for summary judgment by defendant Swift Transportation [58-1]; Specifically, the motion is granted with respect to plaintiff's retaliation claim and is granted to the extent plaintiff seeks to recover both prejudgment interest and liquidated damages on its EPA claim. The motion is otherwise denied. 33 pages (cc: all counsel) (TRS) (Entered: 11/09/2000)

Nov. 9, 2000

Nov. 9, 2000

76

OBJECTIONS by defendant Swift Transportation to Ruel 26(a)(3) pretrial disclosures [73-1] (TRS) (Entered: 11/14/2000)

Nov. 13, 2000

Nov. 13, 2000

77

MOTION for leave to Amend its Rule 26 (a)(3) Disclosures by plaintiff EEOC referred to Judge John W. Lungstrum (TRS) (Entered: 11/28/2000)

Nov. 27, 2000

Nov. 27, 2000

78

ORDER ENTERED: by Judge John W. Lungstrum The clerk shall administratively terminate this action without prejudice to the rights of the parties to reopen the proceedings for good cause shown, for the entry of any stipulation or order. On or before 12/29/00, the parties shall file a stipulation of dismissal, if no such stipulation is received within the specified time and the parties have not reopened for the purpose of obtaining a final determination, this order shall constitute, the entry of final judgment of dismissal with prejudice (cc: all counsel) (TRS) (Entered: 12/07/2000)

Dec. 6, 2000

Dec. 6, 2000

79

CONSENT DECREE ENTERED: by Judge John W. Lungstrum; Order [78-2]; This Decree shall be binding upon the parties, their successors and assigns. This Decree shall be for a period of 3 years and can only be extended for good cause shown. During the Decree's term the Court shall retain jurisdiction of this cause for purposes of compliance; Each party shall bear that party's own costs (cc: all counsel) (TRS) Modified on 02/23/2001 (Entered: 12/08/2000)

Dec. 7, 2000

Dec. 7, 2000

Case Details

State / Territory: Kansas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

IWPR/Wage Project Consent Decree Study

Key Dates

Filing Date: July 28, 1999

Closing Date: Dec. 7, 2003

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

Swift Transportation Co., Inc., Private Entity/Person

Case Details

Causes of Action:

Equal Pay Act, 29 U.S.C. § 206(d)

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

Availably Documents:

Trial Court Docket

Any published opinion

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

Order Duration: 2000 - 2003

Content of Injunction:

Post/Distribute Notice of Rights / EE Law

Reporting

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Demotion

Pay / Benefits

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits