Case: EEOC v. United Airlines

2:06-cv-01407 | U.S. District Court for the Western District of Washington

Filed Date: Sept. 28, 2006

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On September 28, 2006, the San Francisco district office of the EEOC brought this lawsuit against United Airlines in the U.S. District Court for the Western District of Washington. The EEOC alleged that United Airlines had violated the Americans with Disabilities Act (ADA) and the Civil Rights Act. Specifically, the complaint alleged that the defendant had refused reasonable accommodation to individuals with disabilities by disallowing them to work fewer than thirty hours per week. The EEOC cla…

On September 28, 2006, the San Francisco district office of the EEOC brought this lawsuit against United Airlines in the U.S. District Court for the Western District of Washington. The EEOC alleged that United Airlines had violated the Americans with Disabilities Act (ADA) and the Civil Rights Act. Specifically, the complaint alleged that the defendant had refused reasonable accommodation to individuals with disabilities by disallowing them to work fewer than thirty hours per week. The EEOC claimed that these actions adversely affected their status as employees due to their disabilities and sought injunctive and monetary relief as well as attorney’s fees.

On February 14, 2008, the defendant filed a motion for summary judgment, which was denied on March 21 by Judge Thomas S. Zilly. The court held that there are material issues of fact as to the fundamental job duties of the employment position at issue and what constitutes a reasonable accommodation. In addition, the court held that the defendant’s offer of a three-year unpaid leave is not a “reasonable accommodation” for a disabled claimant who did not have a temporary medical condition.

On May 29, three other employees of United Airlines filed a motion to intervene as putative class representatives, but the court denied their intervention as class representatives and granted them leave to intervene as individual plaintiffs-intervenors on July 16. Both the EEOC and proposed intervenors’ motions for reconsideration of this decision was denied on August 7, 2008.

On August 18, the proposed intervenors appealed the decision to the U.S. Court of Appeals for the Ninth Circuit. The appellate court dismissed the case for lack of jurisdiction on November 6, 2008 and remanded to the district court.

Back in the district court, on June 5, 2009, the intervenors filed a complaint and motion to certify class. On July 6, 2009, the motion for class certification was stricken with prejudice as inappropriately. On February 4, 2010, more employees of United Airlines filed a second motion to intervene. On March 6, the first three intervenor plaintiffs voluntarily dismissed the case and the second motion to intervene was withdrawn. On August 26, 2010, the defendant filed a sealed motion for summary judgment.

On December 17, 2010, the parties filed notice of a settlement agreement with an attached consent decree. That same day, the court approved the consent decree. The decree stipulated the following injunctive relief: 1) non-discrimination policies: United Airlines will permit reduced-hours schedules as reasonable accommodations for qualified individuals with disabilities in good faith and on a case-by-case basis. The parties also agreed that working fewer than 16 hours per week (the minimum schedule for United Airline's part-time workers) would be an unreasonable accommodation and would not be allowed. 2) training: United Airlines will train all supervisors involved in administering the reasonable accommodation process with respect to the interactive accommodation process, the requirements of the consent decree, among others. The trainer would be a qualified outside consultant, approved by the EEOC and knowledgeable in the ADA. 3) record keeping and reports: United Airline will mail to counsel a report of training provided and requests for reduced hours accommodations. In addition, United Airlines will pay $600,000 as damages to the plaintiff and each party will bear its own costs and attorneys’ fees.

The consent decree was set to terminate three years from date of entry unless the EEOC asked for a continuation. The case is closed, as there are no further activity on this case's docket as of March 2019.

Summary Authors

Shankar Viswanathan (6/3/2008)

Sichun Liu (3/11/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4410049/parties/equal-employment-opportunity-commission-v-united-air-lines-inc/


Judge(s)

Zilly, Thomas Samuel (Washington)

Attorneys(s) for Plaintiff

Cheung, Raymond T. (California)

Healy, Teri L. (Washington)

Hernandez, Evangelina Patricia (California)

Kucuk, Molly P. (Washington)

O'hara, Cindy S (California)

Olson, Kathryn Blaire (Washington)

Peck, Jonathan T. (California)

Powell, Molly (Washington)

Stanley, John F. (Washington)

Judge(s)

Zilly, Thomas Samuel (Washington)

Attorneys(s) for Plaintiff

Cheung, Raymond T. (California)

Healy, Teri L. (Washington)

Hernandez, Evangelina Patricia (California)

Kucuk, Molly P. (Washington)

O'hara, Cindy S (California)

Olson, Kathryn Blaire (Washington)

Peck, Jonathan T. (California)

Powell, Molly (Washington)

Stanley, John F. (Washington)

Tamayo, William Robert (California)

Varady, Carl M. (Hawaii)

Attorneys(s) for Defendant

Garcia, Christopher A. (Illinois)

Kadue, David D. (California)

Levine, Kari Erickson (California)

Martin, Jonathan D. (California)

Murray, John T. (Georgia)

Silke, David W. (Washington)

Stephenson, Karen L. (Illinois)

Other Attorney(s)

Crawford, Melton L. (Washington)

Frank, Katrin E. (Washington)

Grande, Thomas R. (Hawaii)

Shaeffer, Joseph R. (Washington)

Documents in the Clearinghouse

Document

2:06-cv-01407

Docket [PACER]

Dec. 17, 2010

Dec. 17, 2010

Docket
1

2:06-cv-01407

Complaint

Sept. 28, 2006

Sept. 28, 2006

Complaint
52

2:06-cv-01407

Minute Order

March 21, 2008

March 21, 2008

Order/Opinion
173

2:06-cv-01407

Complaint in Intervention

June 5, 2009

June 5, 2009

Complaint
338

2:06-cv-01407

Consent Decree

Equal Employment Opportunity Commission v. United Air Lines Inc.

Dec. 16, 2010

Dec. 16, 2010

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4410049/equal-employment-opportunity-commission-v-united-air-lines-inc/

Last updated Aug. 13, 2022, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT and DEMAND FOR JURY TRIAIL against defendant United Air Lines Inc (Summons(es) issued) (Receipt # fee waived, USA), filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet # 2 Email request to file new case)(PM, ) (Entered: 09/29/2006)

Sept. 28, 2006

Sept. 28, 2006

PACER
2

ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT FRCP 26f Conference Deadline is 11/20/2006.Initial Disclosure Deadline is 12/4/2006. Joint Status Report due by 12/4/2006; by Judge Thomas S. Zilly. (CH) (Entered: 10/05/2006)

Oct. 5, 2006

Oct. 5, 2006

PACER
3

DECLARATION OF SERVICE OF SUMMONS and Complaint upon defendant United Air Lines Inc on 10/19/2006 (CL, ) (Entered: 10/24/2006)

Oct. 23, 2006

Oct. 23, 2006

PACER
4

NOTICE of Appearance by attorney David W Silke on behalf of Defendant United Air Lines Inc (Silke, David) (Entered: 11/16/2006)

Nov. 16, 2006

Nov. 16, 2006

PACER
5

Stipulated MOTION to Extend Deadline for Filing Answer to Plaintiff's Complaint by Defendant United Air Lines Inc. Noting Date 11/16/2006. (Attachments: # 1 Proposed Order On Stipulated Motion to Extend Deadline for Filing Answer to Plaintiff's Complaint)(Silke, David) (Entered: 11/16/2006)

2 Proposed Order On Stipulated Motion to Extend Deadline for Filing Answer to Plai

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Nov. 16, 2006

Nov. 16, 2006

PACER
6

APPLICATION AND ORDER admitting Kari Erickson Levine for United Air Lines Inc pro hac vice. Receipt # SEA 5398. (LT, ) (Entered: 11/17/2006)

Nov. 17, 2006

Nov. 17, 2006

PACER
7

ORDER granting 5 Stipulated Motion, Extending Deadline for Defendant to Answer Plaintiff's Complaint to November 30, 2006, by Judge Thomas S. Zilly.(LT, ) (Entered: 11/20/2006)

Nov. 17, 2006

Nov. 17, 2006

PACER
8

ANSWER to Complaint by United Air Lines Inc.(Silke, David) (Entered: 11/30/2006)

Nov. 30, 2006

Nov. 30, 2006

PACER
9

JOINT STATUS REPORT and Discovery Plan filed by all parties. Est. Trial Days: - difficult to anticipate before class size is known. (Silke, David) (Entered: 12/01/2006)

Dec. 1, 2006

Dec. 1, 2006

PACER
10

MINUTE ORDER SETTING TRIAL DATE AND RELATED DATES, AND DESIGNATING CASE FOR MEDIATION; Length of Trial: *5 days*. Mediation shall be completed no later than thirty (30) days prior to the trial date. Jury Trial is set for 4/14/2008 at 09:00 AM before Hon. Thomas S. Zilly. Joinder of Parties due by 1/2/2007; Amended Pleadings due by 10/17/2007; Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 10/17/2007; Motions due by 11/16/2007; Discovery completed by 12/17/2007; Dispositive motions due by 1/15/2008; Settlement conference to be held by 2/14/2008; 39.1 mediation to be completed by 4/4/2007; Motions in Limine due by 3/17/2008; Pretrial Order due by 4/2/2008; Pretrial Conference set for 4/4/2008 at 03:00 PM before Hon. Thomas S. Zilly. Trial briefs to be submitted by 4/9/2008; Proposed voir dire/jury instructions due by 4/9/2008; by Judge Thomas S. Zilly. (CH) (Entered: 12/05/2006)

Dec. 5, 2006

Dec. 5, 2006

PACER
11

STIPULATION AND PROPOSED ORDER TO CONTINUE MEDIATION DATE by parties. (Attachments: # 1 Proposed Order to Continue Mediation Date)(Silke, David) (Entered: 04/03/2007)

April 3, 2007

April 3, 2007

PACER
12

STIPULATION AND ORDER, by Judge Thomas S. Zilly. The Court extends the mediation ddl to 6/4/07. (CL, ) (Entered: 04/09/2007)

April 9, 2007

April 9, 2007

PACER
13

NOTICE of Appearance by attorney Teri L Healy on behalf of Plaintiff Equal Employment Opportunity Commission. (Healy, Teri) (Entered: 04/11/2007)

April 11, 2007

April 11, 2007

PACER
14

NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Plaintiff Equal Employment Opportunity Commission. Teri L Healy is substituted as counsel for Plaintiff. Attorney Kathryn Blaire Olson terminated. John F. Stanley Substituted for Kathryn Olson (Healy, Teri) (Entered: 05/29/2007)

May 29, 2007

May 29, 2007

PACER
15

NOTICE of Unavailability of counsel Teri L Healy for Plaintiff Equal Employment Opportunity Commission from 06/28/2007 to 07/10/2007. (Healy, Teri) (Entered: 06/27/2007)

June 27, 2007

June 27, 2007

PACER
16

NOTICE of Unavailability of counsel Kari Erickson Levine for Defendant United Air Lines Inc from July 9, 2007 to August 6, 2007. (Levine, Kari) (Entered: 07/03/2007)

July 3, 2007

July 3, 2007

PACER
17

CERTIFICATE OF SERVICE by Defendant United Air Lines Inc re 16 Notice of Unavailability OF COUNSEL. (Levine, Kari) (Entered: 07/03/2007)

July 3, 2007

July 3, 2007

PACER
18

MOTION to Continue Case Management Dates by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order)Noting Date 10/19/2007.(Tamayo, William) (Entered: 10/10/2007)

2 Proposed Order

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Oct. 10, 2007

Oct. 10, 2007

PACER
19

DECLARATION of Cindy O'Hara filed by Plaintiff Equal Employment Opportunity Commission re 18 MOTION to Continue Case Management Dates (Tamayo, William) (Entered: 10/10/2007)

Oct. 10, 2007

Oct. 10, 2007

PACER
20

MEMORANDUM filed by Plaintiff Equal Employment Opportunity Commission re 18 MOTION to Continue Case Management Dates (Tamayo, William) (Entered: 10/10/2007)

Oct. 10, 2007

Oct. 10, 2007

PACER
21

NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Teri L Healy for Plaintiff Equal Employment Opportunity Commission. (Healy, Teri) (Entered: 10/15/2007)

Oct. 15, 2007

Oct. 15, 2007

PACER
22

NOTICE OF WITHDRAWAL OF COUNSEL: Attorney John Freeman Stanley for Plaintiff Equal Employment Opportunity Commission. (Stanley, John) (Entered: 10/15/2007)

Oct. 15, 2007

Oct. 15, 2007

PACER
23

RESPONSE, by Defendant United Air Lines Inc, to 18 MOTION to Continue Case Management Dates. (Levine, Kari) (Entered: 10/16/2007)

Oct. 16, 2007

Oct. 16, 2007

PACER
24

DECLARATION of Kari Erickson Levine In Support of Defendant's Opposition to Plaintiff's 18 MOTION to Continue Case Management Dates (Levine, Kari) Modified on 10/17/2007 (ECS, ). (Entered: 10/16/2007)

Oct. 16, 2007

Oct. 16, 2007

PACER
25

PROPOSED ORDER (Unsigned) re 23 Response to Motion 18 for Continuance of Case Management Dates (Levine, Kari) Modified on 10/17/2007 (ECS, ). (Entered: 10/16/2007)

Oct. 16, 2007

Oct. 16, 2007

PACER
26

NOTICE of Appearance by attorney Cindy S. O'Hara on behalf of Plaintiff Equal Employment Opportunity Commission. (O'Hara, Cindy) (Entered: 10/17/2007)

Oct. 17, 2007

Oct. 17, 2007

PACER
27

REPLY, filed by Plaintiff Equal Employment Opportunity Commission, TO RESPONSE to 18 MOTION to Continue Case Management Dates (O'Hara, Cindy) (Entered: 10/18/2007)

Oct. 18, 2007

Oct. 18, 2007

PACER
28

Second DECLARATION of Cindy O'Hara filed by Plaintiff Equal Employment Opportunity Commission re 18 MOTION to Continue Case Management Dates (O'Hara, Cindy) (Entered: 10/18/2007)

Oct. 18, 2007

Oct. 18, 2007

PACER
29

MINUTE ORDER by Judge Thomas S. Zilly. Plaintiff's motion for continuance of case management dates, docket no. 18 is GRANTED IN PART and DENIED IN PART. The deadline for completion of discovery is extended to 2/15/2008. All motions related to discovery and all dispositive motions must be filed by 1/17/2008 and noted in accordance with Local Rules. (TS, ) (Entered: 10/25/2007)

Oct. 25, 2007

Oct. 25, 2007

PACER
30

MOTION to Disqualify Defendant's Designated Expert by Plaintiff Equal Employment Opportunity Commission. Oral Argument Requested. (Attachments: # 1 Exhibit Defendant's Expert Report)Noting Date 12/28/2007.(O'Hara, Cindy) (Entered: 12/04/2007)

Dec. 4, 2007

Dec. 4, 2007

PACER
31

MINUTE ORDER by Thomas S. Zilly, United States District Judge. The Court RENOTES for 1/4/08 Pltf's Motion to Disqualify Defendant's Designated Expert, docket no. 30 . (CL, ) (Entered: 12/17/2007)

Dec. 17, 2007

Dec. 17, 2007

PACER
32

STIPULATION AND PROPOSED ORDER to Vacate Litigation Schedule and Reset to Later Dates by parties. (Levine, Kari) Modified on 12/21/2007 (ECS, ). (Entered: 12/20/2007)

Dec. 20, 2007

Dec. 20, 2007

PACER
33

STIPULATION AND PROPOSED ORDER to File Declaration of Jonathan T. Peck Under Seal: CR 5(g)(2) by parties. (Levine, Kari) (Entered: 12/20/2007)

Dec. 20, 2007

Dec. 20, 2007

PACER
35

SEALED DOCUMENT Declaration of Jonathan T. Peck in Support of Stipulated Motion and Order to Continue Dates by Plaintiff Equal Employment Opportunity Commission re 32 Stipulation. (TS, ) (Entered: 12/28/2007)

Dec. 21, 2007

Dec. 21, 2007

PACER
34

NOTICE of Appearance by attorney Evangelina Hernandez on behalf of Plaintiff Equal Employment Opportunity Commission. (Hernandez, Evangelina) (Entered: 12/27/2007)

Dec. 27, 2007

Dec. 27, 2007

PACER
36

RESPONSE, by Defendant United Air Lines Inc, to 30 MOTION to Disqualify Defendant's Designated Expert. (Levine, Kari) (Entered: 12/28/2007)

Dec. 28, 2007

Dec. 28, 2007

PACER
37

PROPOSED ORDER (Unsigned) re 36 Response to Motion to Strike Defendant's Expert (Levine, Kari) (Entered: 12/28/2007)

Dec. 28, 2007

Dec. 28, 2007

PACER
38

REPLY, filed by Plaintiff Equal Employment Opportunity Commission, TO RESPONSE to 30 MOTION to Disqualify Defendant's Designated Expert (Hernandez, Evangelina) (Entered: 01/04/2008)

Jan. 4, 2008

Jan. 4, 2008

PACER
39

PRAECIPE: Correction to Stipulation and Order 33 to File Declaration of Jonathan T. Peck Under SealL CR 5(g)(2) by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order Stipulation and Order to File Declaration of J. Peck Under Seal as Corrected Filed As Exhibit A to Precipe)(Hernandez, Evangelina) Modified on 1/9/2008 (CL, ). Modified on 1/9/2008 (CL, ). (Entered: 01/08/2008)

2 Proposed Order Stipulation and Order to File Declaration of J. Peck Under Seal a

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Jan. 8, 2008

Jan. 8, 2008

PACER
40

STIPULATION AND ORDER by Judge Thomas S. Zilly. The Court extends the following deadlines: 39.1 mediation to be completed by 8/4/2008, Discovery completed by 5/16/2008, Dispositive motions due by 5/15/2008,Motions in Limine due by 8/8/2008, Pretrial Order due by 8/25/2008,Settlement conference to be held by 6/16/2008,Voir dire/jury instructions/trial briefs due by 9/4/2008, Jury Trial is set for 9/8/2008 before Hon. Thomas S. Zilly, Pretrial Conference set for 8/29/2008 at 02:30 PM before Hon. Thomas S. Zilly.(CL, ) (Entered: 01/10/2008)

Jan. 9, 2008

Jan. 9, 2008

PACER
41

STIPULATION AND ORDER by Judge Thomas S. Zilly. The Court ORDERS that the Declaration of Jonathan T. Peck, docket no. 35 be filed under seal.(CL, ) (Entered: 01/10/2008)

Jan. 9, 2008

Jan. 9, 2008

PACER
42

STIPULATION AND PROPOSED ORDER Permitting More Than 10 Depositions by Defendant United Airlines, Inc. by parties. (Levine, Kari) (Entered: 01/10/2008)

Jan. 10, 2008

Jan. 10, 2008

PACER
43

STIPULATION AND ORDER re: Depositions by Dft United Airlines, Inc., by Judge Thomas S. Zilly. (CL, ) (Entered: 01/23/2008)

Jan. 22, 2008

Jan. 22, 2008

PACER
44

NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Plaintiff Equal Employment Opportunity Commission. Evangelina Hernandez is substituted as counsel for Plaintiff. Attorney Cindy S. O'Hara terminated. Raymond T. Chueng is substituted as counsel for Plaintiff. (Hernandez, Evangelina) (Entered: 02/04/2008)

Feb. 4, 2008

Feb. 4, 2008

PACER
45

MINUTE ORDER by Thomas S. Zilly, United States District Judge. The Court GRANTS IN PART, DENIES IN PART and DEFERS IN PART Pltf's Motion to Strike Dft's Expert David K. Fram, docket no. 30 . (CL, ) (Entered: 02/04/2008)

Feb. 4, 2008

Feb. 4, 2008

PACER
46

MOTION for Summary Judgment by Defendant United Air Lines Inc. Oral Argument Requested. (Attachments: # 1 Declaration of Kari E. Levine in support of Defendant's Motion for Summary Judgment and or in the alternative Summary Adjudication# 2 Declaration of Carolyn Schoeneman in support thereof# 3 Errata Exhibit A to Declaration of Carolyn Schoeneman# 4 Exhibit Exhibit B to Declaration of Carolyn Schoeneman)Noting Date 3/7/2008.(Levine, Kari) (Entered: 02/14/2008)

Feb. 14, 2008

Feb. 14, 2008

PACER
47

RESPONSE, by Plaintiff Equal Employment Opportunity Commission, to 46 MOTION for Summary Judgment. Oral Argument Requested. (Attachments: # 1 Counter Statement to Defendant's Facts# 2 Submission of Additional Facts# 3 Declaration of Evangelina Hernandez# 4 Exhibit Nos. 1 thru 10# 5 Exhibit Nos. 11-16# 6 Exhibit Nos. 17-20# 7 Exhibit Nos. 21-37# 8 Exhibit Nos. 38-45# 9 Exhibit Nos. 46-56)(Hernandez, Evangelina) (Entered: 03/03/2008)

March 3, 2008

March 3, 2008

PACER
48

REPLY, filed by Defendant United Air Lines Inc, TO RESPONSE to 46 MOTION for Summary Judgment (Levine, Kari) (Entered: 03/07/2008)

March 7, 2008

March 7, 2008

PACER
49

DECLARATION of Kari Erickson Levine filed by Defendant United Air Lines Inc re 46 MOTION for Summary Judgment (Attachments: # 1 Exhibit F# 2 Exhibit G# 3 Exhibit H)(Levine, Kari) (Entered: 03/07/2008)

March 7, 2008

March 7, 2008

PACER
50

PROPOSED ORDER (Unsigned) re 46 MOTION for Summary Judgment or in the Alternative, Summary Adjudication (Levine, Kari) (Entered: 03/07/2008)

March 7, 2008

March 7, 2008

PACER
51

APPLICATION OF ATTORNEY Jonathan D. Martin FOR LEAVE TO APPEAR PRO HAC VICE for Defendant United Air Lines Inc (Fee Paid) Receipt No. 1391068. (Attachments: # 1 ECF Registration Form)(Silke, David) (Entered: 03/21/2008)

2 ECF Registration Form

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March 21, 2008

March 21, 2008

PACER
52

MINUTE ORDER by Thomas S. Zilly, United States District Judge. The Court DENIES Dft's Motion for Summary Judgment, docket no. 46 . (CL, ) (Entered: 03/21/2008)

March 21, 2008

March 21, 2008

RECAP
53

ORDER re 51 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Jonathan D Martin as pro hac vice atty for Defendant United Air Lines Inc, by Bruce Rifkin. (No document associated with this docket entry, text only.)(CL, ) (Entered: 03/21/2008)

March 21, 2008

March 21, 2008

PACER
54

FILED IN WRONG CASE. NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Defendant United Air Lines Inc. David W Silke is substituted as counsel for Defendant. (Silke, David) Modified on 3/25/2008: Counsel notified of filing error (HBR). (Entered: 03/24/2008)

March 24, 2008

March 24, 2008

PACER
55

NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Defendant United Air Lines Inc. David W Silke is substituted as counsel for Defendant. (Silke, David) (Entered: 03/25/2008)

March 25, 2008

March 25, 2008

PACER
56

Joint Stipulated MOTION to Vacate Schedule and Reset dates; Joint Stipulation for 18 Depositions by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Supplement Declaration in Support)Noting Date 4/23/2008.(Cheung, Raymond) (Entered: 04/14/2008)

2 Supplement Declaration in Support

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April 14, 2008

April 14, 2008

PACER
57

PRAECIPE to attach document Signed Hernandez Declaration re 56 Joint Stipulated MOTION to Vacate Schedule and Reset dates; Joint Stipulation for 18 Depositions by Plaintiff Equal Employment Opportunity Commission. (Cheung, Raymond) (Entered: 04/15/2008)

April 15, 2008

April 15, 2008

PACER
58

STIPULATION AND ORDER by Judge Thomas S. Zilly. The Court sets pretrial deadlines as follows: 39.1 mediation to be completed by 10/10/2008, Discovery completed by 12/12/2008, Dispositive motions due by 2/12/2009, Motions in Limine due by 3/20/2009, Pretrial Order due by 4/3/2009,Settlement conference to be held by 3/6/2009, Voir dire/jury instructions/trial briefs due by 4/22/2009, Jury Trial is set for 4/27/2009 before Hon. Thomas S. Zilly, Pretrial Conference set for 4/17/2009 at 02:30 PM before Hon. Thomas S. Zilly. Pltf EEOC shall be permitted to depose the additional (18) witnesses. (CL, ) (Entered: 04/16/2008)

April 15, 2008

April 15, 2008

PACER
59

APPLICATION OF ATTORNEY Carl M. Varady FOR LEAVE TO APPEAR PRO HAC VICE (Fee Paid) Receipt No. 1422057. (Attachments: # 1 ECF Registration Form)(Crawford, Melton) (Entered: 04/24/2008)

April 24, 2008

April 24, 2008

PACER
60

APPLICATION OF ATTORNEY Thomas R. Grande FOR LEAVE TO APPEAR PRO HAC VICE for Intervenor Plaintiff Maria Lovell (Fee Paid) Receipt No. 1422523. (Attachments: # 1)(Crawford, Melton) (Entered: 04/25/2008)

April 25, 2008

April 25, 2008

PACER
61

NOTICE of Change of Address of Attorney David W Silke. Filed by Defendant United Air Lines Inc. (Silke, David) (Entered: 04/25/2008)

April 25, 2008

April 25, 2008

PACER
62

ORDER re 59 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Carl M Varady as pro hac vice atty for Intervenor Plaintiff Maria Lovell, by Bruce Rifkin. (No document associated with this docket entry, text only.)(CL, ) (Entered: 04/25/2008)

April 25, 2008

April 25, 2008

PACER
63

PRAECIPE to attach document (ECF Registration of Thomas R. Grande) re 60 Application for Leave to Appear Pro Hac Vice by Intervenor Plaintiff Maria Lovell. (Attachments: # 1)(Crawford, Melton) (Entered: 04/25/2008)

April 25, 2008

April 25, 2008

PACER
64

ORDER re 60 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Thomas R Grande as pro hac vice atty for Intervenor Plaintiff Maria Lovell, by Bruce Rifkin. (No document associated with this docket entry, text only.)(CL, ) (Entered: 04/25/2008)

April 25, 2008

April 25, 2008

PACER
65

NOTICE of Appearance by attorney Melton L Crawford on behalf of Intervenor Plaintiff Maria Lovell. (Crawford, Melton) (Entered: 04/25/2008)

April 25, 2008

April 25, 2008

PACER
66

MOTION to Intervene Plainitff-Intervenors' Motion to File Complaint in Intervention by Intervenor Plaintiff Maria Lovell. Noting Date 6/13/2008; (Varady, Carl) (Entered: 05/29/2008)

May 29, 2008

May 29, 2008

PACER
67

MOTION to Intervene Declaration of CArl M. Varady, Exhibit 1 & COS by Intervenor Plaintiff Maria Lovell. (Attachments: # 1 Exhibit 1 to Declaration of Carl M. Varady & COS) Noting Date 6/13/2008; (Varady, Carl) (Entered: 05/29/2008)

May 29, 2008

May 29, 2008

PACER
68

PROPOSED ORDER (Unsigned) re 66 MOTION to Intervene Plainitff-Intervenors' Motion to File Complaint in Intervention, 67 MOTION to Intervene Declaration of CArl M. Varady, Exhibit 1 & COS (Varady, Carl) (Entered: 05/29/2008)

May 29, 2008

May 29, 2008

PACER
69

RESPONSE, by Defendant United Air Lines Inc, to 66 MOTION to Intervene Plainitff-Intervenors' Motion to File Complaint in Intervention. (Silke, David) (Entered: 06/09/2008)

June 9, 2008

June 9, 2008

PACER
70

DECLARATION of Kari Levine filed by Defendant United Air Lines Inc re 66 MOTION to Intervene Plainitff-Intervenors' Motion to File Complaint in Intervention (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L)(Silke, David) (Entered: 06/09/2008)

2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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8 Exhibit G

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9 Exhibit H

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10 Exhibit I

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11 Exhibit J

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12 Exhibit K

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13 Exhibit L

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June 9, 2008

June 9, 2008

PACER
71

PRAECIPE to attach document (signature page) re 69 Response to Motion by Defendant United Air Lines Inc. (Silke, David) (Entered: 06/10/2008)

June 10, 2008

June 10, 2008

PACER
72

PRAECIPE to attach document (signature page) re 70 Declaration, by Defendant United Air Lines Inc. (Silke, David) (Entered: 06/10/2008)

June 10, 2008

June 10, 2008

PACER
73

RESPONSE, by Plaintiff Equal Employment Opportunity Commission, to 66 MOTION to Intervene Plainitff-Intervenors' Motion to File Complaint in Intervention, 67 MOTION to Intervene Declaration of CArl M. Varady, Exhibit 1 & COS. (Hernandez, Evangelina) (Entered: 06/12/2008)

June 12, 2008

June 12, 2008

PACER
74

MOTION for Protective Order by Defendant United Air Lines Inc. (Attachments: # 1 Proposed Order) Noting Date 6/24/2008; (Silke, David) (Entered: 06/13/2008)

June 13, 2008

June 13, 2008

PACER
75

DECLARATION of Kari Erickson Levine filed by Defendant United Air Lines Inc re 74 MOTION for Protective Order (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O)(Silke, David) (Entered: 06/13/2008)

2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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8 Exhibit G

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9 Exhibit H

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10 Exhibit I

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11 Exhibit J

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12 Exhibit K

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13 Exhibit L

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14 Exhibit M

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15 Exhibit N

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16 Exhibit O

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June 13, 2008

June 13, 2008

PACER
76

REPLY, filed by Intervenor Plaintiff Maria Lovell, TO RESPONSE to 66 MOTION to Intervene Plainitff-Intervenors' Motion to File Complaint in Intervention, 67 MOTION to Intervene Declaration of CArl M. Varady, Exhibit 1 & COS (Varady, Carl) (Entered: 06/13/2008)

June 13, 2008

June 13, 2008

PACER
77

DECLARATION of Carl M. Varady filed by Intervenor Plaintiff Maria Lovell re 67 MOTION to Intervene Declaration of CArl M. Varady, Exhibit 1 & COS (Attachments: # 1 Exhibit 1 to Declaration of Carl M. Varady, # 2 Exhibit 2 to Declaration of Carl M. Varady, # 3 Exhibit 3 to Declaration of Carl M. Varady, # 4 Exhibit 4 to Declaration of Carl M. Varady, # 5 Exhibit 5 to Declaration of Carl M. Varady, # 6 Exhibit 6 to Declaration of Carl M. Varady & COS)(Varady, Carl) (Entered: 06/13/2008)

2 Exhibit 1 to Declaration of Carl M. Varady

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3 Exhibit 2 to Declaration of Carl M. Varady

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4 Exhibit 3 to Declaration of Carl M. Varady

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5 Exhibit 4 to Declaration of Carl M. Varady

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6 Exhibit 5 to Declaration of Carl M. Varady

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7 Exhibit 6 to Declaration of Carl M. Varady & COS

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June 13, 2008

June 13, 2008

PACER
78

MOTION to Bifurcate by Plaintiff Equal Employment Opportunity Commission. Oral Argument Requested. (Attachments: # 1 Declaration) Noting Date 7/11/2008; (Hernandez, Evangelina) (Entered: 06/23/2008)

June 23, 2008

June 23, 2008

PACER
79

PROPOSED ORDER (Unsigned) re 78 MOTION to Bifurcate (Hernandez, Evangelina) (Entered: 06/23/2008)

June 23, 2008

June 23, 2008

PACER
80

MOTION for Extension of Time to File Opposition to Defendant's Motion for A Protective Order and Instead Compel the Depositions of Wright and Shook by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Declaration, # 2 Proposed Order) Noting Date 7/3/2008; (Hernandez, Evangelina) (Entered: 06/23/2008)

June 23, 2008

June 23, 2008

PACER
81

RESPONSE, by Plaintiff Equal Employment Opportunity Commission, to 80 MOTION for Extension of Time to File Opposition to Defendant's Motion for A Protective Order and Instead Compel the Depositions of Wright and Shook, 74 MOTION for Protective Order. Oral Argument Requested. (Attachments: # 1 Proposed Order)(Hernandez, Evangelina) (Entered: 06/23/2008)

June 23, 2008

June 23, 2008

PACER
82

DECLARATION of Evangelina Hernandez filed by Plaintiff Equal Employment Opportunity Commission re 80 MOTION for Extension of Time to File Opposition to Defendant's Motion for A Protective Order and Instead Compel the Depositions of Wright and Shook, 74 MOTION for Protective Order (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Hernandez, Evangelina) (Entered: 06/23/2008)

June 23, 2008

June 23, 2008

PACER
83

DECLARATION of Raymond Cheung filed by Plaintiff Equal Employment Opportunity Commission re 80 MOTION for Extension of Time to File Opposition to Defendant's Motion for A Protective Order and Instead Compel the Depositions of Wright and Shook, 74 MOTION for Protective Order (Hernandez, Evangelina) (Entered: 06/23/2008)

June 23, 2008

June 23, 2008

PACER
84

REPLY, filed by Defendant United Air Lines Inc, TO RESPONSE to 74 MOTION for Protective Order (Attachments: # 1 Proposed Order)(Silke, David) (Entered: 06/24/2008)

2 Proposed Order

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June 24, 2008

June 24, 2008

PACER
85

RESPONSE, by Defendant United Air Lines Inc, to 80 MOTION for Extension of Time to File Opposition to Defendant's Motion for A Protective Order and Instead Compel the Depositions of Wright and Shook. (Attachments: # 1 Proposed Order)(Silke, David) (Entered: 06/24/2008)

2 Proposed Order

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June 24, 2008

June 24, 2008

PACER
86

MOTION for Protective Order Barring Defendant From Taking Any More RSSR Claimants Deposition by Plaintiff Equal Employment Opportunity Commission. Oral Argument Requested. (Attachments: # 1 Declaration, # 2 Exhibit 1-12, # 3 Proposed Order) Noting Date 7/25/2008; (Hernandez, Evangelina) (Entered: 07/03/2008)

July 3, 2008

July 3, 2008

PACER
87

MOTION to Compel Defendant's Response to EEOC's Second Set of Interrogatories by Plaintiff Equal Employment Opportunity Commission. Oral Argument Requested. (Attachments: # 1 Declaration, # 2 Exhibit 1-12, # 3 Proposed Order) Noting Date 7/25/2008; (Hernandez, Evangelina) (Entered: 07/03/2008)

2 Declaration

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3 Exhibit 1-12

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4 Proposed Order

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July 3, 2008

July 3, 2008

PACER
88

MOTION to Compel Defendant's Response to EEOC's FIrst Set of Admission by Plaintiff Equal Employment Opportunity Commission. Oral Argument Requested. (Attachments: # 1 Declaration, # 2 Exhibits 1-12, # 3 Proposed Order) Noting Date 7/25/2008; (Hernandez, Evangelina) (Entered: 07/03/2008)

2 Declaration

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3 Exhibits 1-12

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4 Proposed Order

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July 3, 2008

July 3, 2008

PACER
89

MOTION to Compel Defendant to Respond to EEOC's Set of Document Request by Plaintiff Equal Employment Opportunity Commission. Oral Argument Requested. (Attachments: # 1 Declaration, # 2 Exhibit 1-12, # 3 Proposed Order) Noting Date 7/25/2008; (Hernandez, Evangelina) (Entered: 07/03/2008)

July 3, 2008

July 3, 2008

PACER
90

PROPOSED ORDER (Unsigned) re 88 MOTION to Compel Defendant's Response to EEOC's FIrst Set of Admission Revised (Hernandez, Evangelina) (Entered: 07/07/2008)

July 7, 2008

July 7, 2008

PACER
91

PROPOSED ORDER (Unsigned) re 89 MOTION to Compel Defendant to Respond to EEOC's Set of Document Request Revised (Hernandez, Evangelina) (Entered: 07/07/2008)

July 7, 2008

July 7, 2008

PACER
92

PROPOSED ORDER (Unsigned) re 87 MOTION to Compel Defendant's Response to EEOC's Second Set of Interrogatories Revised (Hernandez, Evangelina) (Entered: 07/07/2008)

July 7, 2008

July 7, 2008

PACER
93

RESPONSE, by Defendant United Air Lines Inc, to 78 MOTION to Bifurcate. Oral Argument Requested. (Levine, Kari) (Entered: 07/07/2008)

July 7, 2008

July 7, 2008

PACER
94

MEMORANDUM Defendant's Memorandum In Support of Motion to Compel Noticed Depositions of 9 of the Original 37 RSSR Claimants by Defendant United Air Lines Inc. (Levine, Kari) (Entered: 07/10/2008)

July 10, 2008

July 10, 2008

PACER
95

DECLARATION of Kari Erickson Levine In Support of Defendant's Motion to Compel Depositions re 94 Memorandum In Support of Motion to Compel Noticed Deposition of 9 of The Original 37 RSSR Claimants by Defendant United Air Lines Inc. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Exhibit Exhibit H, # 9 Exhibit Exhibit I, # 10 Exhibit Exhibit J, # 11 Errata Exhibit K, # 12 Exhibit Exhibit L, # 13 Exhibit Exhibit M, # 14 Exhibit Exhibit N, # 15 Exhibit Exhibit O, # 16 Exhibit Exhibit P, # 17 Errata Exhibit Q, # 18 Exhibit Exhibit R, # 19 Exhibit Exhibit S, # 20 Exhibit Exhibit T, # 21 Exhibit Exhibit U)(Levine, Kari) (Entered: 07/10/2008)

2 Exhibit Exhibit A

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3 Exhibit Exhibit B

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4 Exhibit Exhibit C

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5 Exhibit Exhibit D

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6 Exhibit Exhibit E

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7 Exhibit Exhibit F

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8 Exhibit Exhibit G

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9 Exhibit Exhibit H

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10 Exhibit Exhibit I

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11 Exhibit Exhibit J

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12 Errata Exhibit K

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13 Exhibit Exhibit L

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14 Exhibit Exhibit M

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15 Exhibit Exhibit N

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16 Exhibit Exhibit O

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17 Exhibit Exhibit P

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18 Errata Exhibit Q

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19 Exhibit Exhibit R

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20 Exhibit Exhibit S

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21 Exhibit Exhibit T

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22 Exhibit Exhibit U

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July 10, 2008

July 10, 2008

PACER
96

REPLY, filed by Plaintiff Equal Employment Opportunity Commission, TO RESPONSE to 78 MOTION to Bifurcate (Hernandez, Evangelina) (Entered: 07/10/2008)

July 10, 2008

July 10, 2008

PACER
97

ERRATA re 94 Memorandum Notice of Errata to Defendant's Motion to Compel Noticed Depositions of 9 of the Original 37 RSSR Claimants and Declaration In Support by Defendant United Air Lines Inc. (Levine, Kari) (Entered: 07/11/2008)

July 11, 2008

July 11, 2008

PACER
98

PROPOSED ORDER (Unsigned) re 94 Memorandum Granting Defendant's Motion to Compel Noticed Depositions of 9 of the Original Claimants (Levine, Kari) (Entered: 07/11/2008)

July 11, 2008

July 11, 2008

PACER
99

SURREPLY filed by Defendant United Air Lines Inc re 78 MOTION to Bifurcate Defendant's Sur-Reply and Motion to Strike Portions of Plaintiff's Reply in Support of Its Motion to Bifurcate (Levine, Kari) (Entered: 07/15/2008)

July 15, 2008

July 15, 2008

PACER
100

MINUTE ORDER by Judge Thomas S. Zilly. Motion to intervene brought by Maria Lovell, Kimberly Sullivan, and Jeanna Dela Cruz, docket no. 66, is DENIED IN PART and GRANTED IN PART. Plaintiff Equal Employment Opportunity Commission("EEOC") for extension of time, docket no. 80, is GRANTED. United's motion for protective order, docket no. 74, is STRICKEN IN PART, GRANTED IN PART, and DENIED IN PART. The EEOC's motion to bifurcate, docket no. 78, is DENIED without prejudice.(CL) (Entered: 07/16/2008)

July 16, 2008

July 16, 2008

PACER

Case Details

State / Territory: Washington

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 28, 2006

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more employees of United Airlines.

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

United Airlines, Inc., 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)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $ 600,000

Order Duration: 2010 - 2013

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Monitoring

Provide antidiscrimination training

Reasonable Accommodation

Recordkeeping

Reporting

Retaliation Prohibition

Training

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)

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Type of Facility:

Non-government for profit

EEOC-centric:

Direct Suit on Merits