Case: EEOC v. OILGEAR COMPANY

8:01-cv-00462 | U.S. District Court for the District of Nebraska

Filed Date: Sept. 4, 2001

Closed Date: April 24, 2003

Clearinghouse coding complete

Case Summary

In September 2001, the EEOC district office in Denver, Colorado brought this suit against the Oilgear Company in the U.S. District Court for the District of Nebraska, alleging that the defendant violated the Age Discrimination in Employment Act by paying a lower wage to an employee because of his age and by failing to promote him because of his age. A defense motion for summary judgment was granted in part and denied in part; the court held that the employee's failure-to-promote claim was time-barred. 250 F.Supp.2d 1193 (D.Neb. 2003).

A consent decree was entered in April 2003. The parties agreed that the defendant would pay the aggrieved male $10,000, refrain from retaliating, implement and post an EEO policy and notice, provide EEO training, and allow the EEOC to monitor its compliance. No fees or costs were awarded. The terms of the decree ran for three years.

Summary Authors

Jason Chester (6/26/2007)

Documents in the Clearinghouse

Document

8:01-cv-00462

Docket

EEOC v. Oilgear Company

April 24, 2003

April 24, 2003

Docket
66

8:01-cv-00462

Memorandum and Order [Regarding Defendant's Motion for Summary Judgment]

EEOC v. Oilgear Company

250 F.Supp.2d 1193

March 12, 2003

March 12, 2003

Order/Opinion
71

8:01-cv-00462

Consent Decree

EEOC v. Oilgear Company

April 24, 2003

April 24, 2003

Settlement Agreement

Resources

Docket

Last updated Aug. 10, 2022, 3:21 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT: no Summons issued with/jury demand and request for trial at Omaha (MKR) Modified on 10/09/2001 (Entered: 09/05/2001)

Sept. 4, 2001

Sept. 4, 2001

2

WAIVER OF SERVICE (Rule 4 - Summons) upon defendant Oilgear Company on 9/26/01 (CJB) (Entered: 10/18/2001)

Oct. 18, 2001

Oct. 18, 2001

4

NOTICE by defendant Oilgear Company of serving Rule 26(a)(1) disclosures (MKR) (Entered: 02/08/2002)

Feb. 7, 2002

Feb. 7, 2002

5

SCHEDULING PACKET by Magistrate Judge Thomas D. Thalken - COPIES MAILED (NCD) (Entered: 02/26/2002)

Feb. 26, 2002

Feb. 26, 2002

8

ANSWER by defendant Oilgear Company to complaint [1-1] (MKR) (Entered: 03/14/2002)

March 12, 2002

March 12, 2002

6

RULE 26(f) PLANNING REPORT (DKM) (Entered: 03/13/2002)

March 13, 2002

March 13, 2002

7

ORDER SETTING SCHEDULE FOR INITIAL PROGRESSION OF CASE by Magistrate Judge Thomas D. Thalken planning conference set for 10:30 on 6/4/02 - COPIES MAILED [EOD Date 3/13/02] (DKM) (Entered: 03/13/2002)

March 13, 2002

March 13, 2002

9

CERTIFICATE OF SERVICE by plaintiff EEOC of serving plf's disclosure statement (MKR) (Entered: 03/15/2002)

March 14, 2002

March 14, 2002

10

CERTIFICATE OF SERVICE by plaintiff EEOC of serving First Set of Interrogs (CJB) (Entered: 03/27/2002)

March 27, 2002

March 27, 2002

11

CERTIFICATE OF SERVICE by plaintiff EEOC of serving first set of request for admissions and production requests (CJB) (Entered: 03/27/2002)

March 27, 2002

March 27, 2002

12

NOTICE by defendant Oilgear Company of serving discovery requests (MKR) (Entered: 05/10/2002)

May 10, 2002

May 10, 2002

13

NOTICE by defendant Oilgear Company of serving discovery responses (TJS) (Entered: 05/23/2002)

May 22, 2002

May 22, 2002

14

ORDER by Magistrate Judge Thomas D. Thalken that a settlement conference shall be held before the undersigned w/ counsel and representatives of the parties w/ complete authority to negotiate and consummate a settlement shall be in attendance at the conference unless excused by order of the court - rule 26(f) rpt ddl set for 9:00 a.m. on 9/5/02 ; counsel appearing w/out their client representatives will cause the settlement conference to be canceled and rescheduled; settlement conference statement of each pty shall be submitted directly to the undersigned judge no later than 8/30/02 - COPIES MAILED [EOD Date 6/4/02] (MKR) (Entered: 06/04/2002)

June 4, 2002

June 4, 2002

15

FINAL PROGRESSION ORDER by Magistrate Judge Thomas D. Thalken - deposition ddl set for 8/30/02 - pretrial conference set 9:00 12/18/02 before Magistrate Judge Thomas D. Thalken - jury trial set for 8:30 a.m. on 1/6/03 - COPIES MAILED (MKR) (Entered: 06/04/2002)

June 4, 2002

June 4, 2002

16

CERTIFICATE OF SERVICE by plaintiff EEOC of plf's response to dft's first request for production of docs (MKR) (Entered: 06/13/2002)

June 13, 2002

June 13, 2002

17

CERTIFICATE OF SERVICE by plaintiff EEOC of serving plf's response to dft's first set of interrogs (MKR) (Entered: 06/13/2002)

June 13, 2002

June 13, 2002

19

MOTION by plaintiff EEOC to continue settlement conference of 9/5/02 and extend all discovery and dispositive motion dates (MKR) (Entered: 08/14/2002)

Aug. 14, 2002

Aug. 14, 2002

20

ORDER by Magistrate Judge Thomas D. Thalken granting motion to continue settlement conference of 9/5/02 and extend all discovery and dispositive motion dates [19-1] - settlement conference set for 9:00 11/7/02 - deposition ddl set for 10/30/02 - pretrial conference set for 9:00 2/28/03 - jury trial set for 8:30 3/17/03 - COPIES MAILED [EOD Date 8/16/02] (TJS) (Entered: 08/16/2002)

Aug. 16, 2002

Aug. 16, 2002

21

(STRICKEN) CERTIFICATE OF SERVICE by plaintiff EEOC of serving its first set of requests for admissions, interrogatories and production of docs on the dft (MKR) Modified on 12/4/2002 to strike pleading per filing 31 (MKR, ). (Entered: 08/20/2002)

Aug. 16, 2002

Aug. 16, 2002

22

NOTICE by plaintiff EEOC of Non-Expert Witnesses (MKR) (Entered: 10/03/2002)

Oct. 1, 2002

Oct. 1, 2002

23

NOTICE by defendant Oilgear Company of serving non-expert witness list (MKR) (Entered: 10/04/2002)

Oct. 2, 2002

Oct. 2, 2002

24

ORDER regarding the settlement conference; the parties were unable to arrive at a settlement, accordingly, this matter shall proceed to trial as previously ordered by the court; Signed by Magistrate Judge Thomas D. Thalken on 11/7/2002. (MKR, ) (Entered: 11/07/2002)

Nov. 7, 2002

Nov. 7, 2002

25

Minute Entry for proceedings held before Magistrate Judge Thomas D. Thalken : Settlement Conference held on 11/7/2002; settlement not reached; written order forthcoming; (Court Reporter - Electronic Recorder)(Tape #02-157: 1633-1989) (MKR, ) (Entered: 11/12/2002)

Nov. 7, 2002

Nov. 7, 2002

26

MOTION to Extend Time to File Motion for Summary Judgment by Attorney Patrick J. Barrett on behalf of Defendant Oilgear Company (Barrett, Patrick) (Entered: 11/14/2002)

Nov. 14, 2002

Nov. 14, 2002

27

ORDER granting 26 Motion to Extend. The deadline for filing motions for summary judgment is extended to 11/22/02 Signed by Magistrate Judge Thomas D. Thalken on 11/18/2002. (PAV, ) (Entered: 11/18/2002)

Nov. 18, 2002

Nov. 18, 2002

28

MOTION for Summary Judgment by Attorney Patrick J. Barrett on behalf of Defendant Oilgear Company (Barrett, Patrick) (Entered: 11/22/2002)

Nov. 22, 2002

Nov. 22, 2002

29

INDEX In Support of Defendant's Motion for Summary Judgment by Attorney Patrick J. Barrett on behalf of Defendant Oilgear Company (Barrett, Patrick) (Entered: 11/22/2002)

Nov. 22, 2002

Nov. 22, 2002

30

BRIEF In Support of Defendant's Motion for Summary Judgment by Attorney Patrick J. Barrett on behalf of Defendant Oilgear Company (Barrett, Patrick) (Entered: 11/22/2002)

Nov. 22, 2002

Nov. 22, 2002

31

ORDER striking the Certificate[21] filed by Equal Employment Opportunity Commission as document filed in wrong case Signed by Magistrate Judge Thomas D. Thalken on 12/4/2002. (MKR, ) (Entered: 12/04/2002)

Dec. 4, 2002

Dec. 4, 2002

33

BRIEF in support of Motion for extension of time to oppose defendant's motion for summary judgment 32 by Attorney Nancy A. Weeks on behalf of Plaintiff Equal Employment Opportunity Commission (MKR, ) (Entered: 12/17/2002)

Dec. 13, 2002

Dec. 13, 2002

34

INDEX OF EVIDENCE in support of Motion for extesion of time to oppose defendant's motion for summary judgment 32 by Attorney Nancy A. Weeks on behalf of Plaintiff Equal Employment Opportunity Commission (Attachments: # 1 # 2)(MKR, ) Additional attachment(3) added on 12/17/2002 (MKR, ). (Entered: 12/17/2002)

Dec. 13, 2002

Dec. 13, 2002

35

ORDER granting 32 Plaintiff's Motion to Extend Time to Oppose 28 Defendant's Motion for Summary Judgment. Signed by Judge Joseph F. Bataillon on 12/18/2002. (SMS, ) (Entered: 12/18/2002)

Dec. 18, 2002

Dec. 18, 2002

36

MOTION for Enlargement of Time to file EEOC's Motion in Limine by Attorney Evangelina F. Hernandez on behalf of Plaintiff Equal Employment Opportunity Commission (DKM, ) (Entered: 12/27/2002)

Dec. 24, 2002

Dec. 24, 2002

37

ORDER granting 36 Motion to Extend the time to file itsmotion in limine; The deadline for the plaintiff to file its motion in limine is extended to 1/6/2003. Signed by Magistrate Judge Thomas D. Thalken on 12/30/2002. (PAV, ) (Entered: 12/30/2002)

Dec. 30, 2002

Dec. 30, 2002

38

MOTION in Limine seeking to exclude verbal and written warnings received by Gerdts prior to 11/3/93 by Attorney Evangelina F. Hernandez on behalf of Plaintiff Equal Employment Opportunity Commission (MKR, ) (Entered: 01/06/2003)

Jan. 6, 2003

Jan. 6, 2003

39

INDEX OF EVIDENCE in support of Motion in Limine seeking to exclude verbal and written warnings received by Gerdts prior to 11/30/93 38 by Attorney Evangelina F. Hernandez on behalf of Plaintiff Equal Employment Opportunity Commission (Attachments: # 1)(MKR, ) (Entered: 01/06/2003)

Jan. 6, 2003

Jan. 6, 2003

40

BRIEF in support of Motion for Summary Judgment28 by Attorney Evangelina F. Hernandez on behalf of Plaintiff Equal Employment Opportunity Commission (MKR, ) (Entered: 01/06/2003)

Jan. 6, 2003

Jan. 6, 2003

41

INDEX OF EVIDENCE in support of Motion for Summary Judgment28 by Attorney Evangelina F. Hernandez on behalf of Plaintiff Equal Employment Opportunity Commission (Attachments: # 1 # 2 # 3)(MKR, ) (Entered: 01/07/2003)

Jan. 6, 2003

Jan. 6, 2003

42

MOTION for Leave to File Reply Brief by Attorney Patrick J. Barrett on behalf of Defendant Oilgear Company (Barrett, Patrick) (Entered: 01/10/2003)

Jan. 10, 2003

Jan. 10, 2003

43

ORDER granting 42 Defendant's Motion for Extension of Time (until 1/29/2003) to File Reply Brief in support of 28 Motion for Summary Judgment. Signed by Judge Joseph F. Bataillon on 1/14/2003. (SMS, ) (Entered: 01/14/2003)

Jan. 14, 2003

Jan. 14, 2003

44

BRIEF In Opposition to Plaintiff EEOC's Motion in Limine by Attorney Patrick J. Barrett on behalf of Defendant Oilgear Company (Barrett, Patrick) (Entered: 01/15/2003)

Jan. 15, 2003

Jan. 15, 2003

45

INDEX In Support of Defendant's Motion for Summary Judgment by Attorney Patrick J. Barrett on behalf of Defendant Oilgear Company (Barrett, Patrick) (Entered: 01/29/2003)

Jan. 29, 2003

Jan. 29, 2003

46

REPLY BRIEF In Support of Motion for Summary Judgment by Attorney Patrick J. Barrett on behalf of Defendant Oilgear Company (Barrett, Patrick) (Entered: 01/29/2003)

Jan. 29, 2003

Jan. 29, 2003

***ORAL MOTION by defendant to reschedule the pretrial conference. THIS IS A TEXT ONLY ENTRY. A PDF DOCUMENT IS NOT ATTACHED TO THIS ENTRY.(JSF) (Entered: 02/04/2003)

Feb. 4, 2003

Feb. 4, 2003

47

ORDER that the oral request of counsel for the defendant and with said counsel's representation that no other party objects to the request, the pretrial conference is scheduled to 2/26/03 at 2:00 pm. Signed by Magistrate Judge Thomas D. Thalken on 2/4/2003. (JSF) (Entered: 02/04/2003)

Feb. 4, 2003

Feb. 4, 2003

48

NOTICE of Serving List of Exhibits by Attorney Patrick J. Barrett on behalf of Defendant Oilgear Company (Barrett, Patrick) (Entered: 02/18/2003)

Feb. 18, 2003

Feb. 18, 2003

49

NOTICE of Serving Non-Expert Witness List by Attorney Patrick J. Barrett on behalf of Defendant Oilgear Company (Barrett, Patrick) (Entered: 02/20/2003)

Feb. 20, 2003

Feb. 20, 2003

50

MOTION to Substitute Attorney Nelson G. Alston by Attorney Nelson G. Alston on behalf of Plaintiff Equal Employment Opportunity Commission (Alston, Nelson) (Entered: 02/20/2003)

Feb. 20, 2003

Feb. 20, 2003

51

CERTIFICATE of Service of Deposition Testimony and Written Discovery by Attorney Nelson G. Alston on behalf of Plaintiff Equal Employment Opportunity Commission (Alston, Nelson) (Entered: 02/21/2003)

Feb. 21, 2003

Feb. 21, 2003

52

CERTIFICATE of Service of Planitiff's List of Exhibits by Attorney Nelson G. Alston on behalf of Plaintiff Equal Employment Opportunity Commission (Alston, Nelson) (Entered: 02/21/2003)

Feb. 21, 2003

Feb. 21, 2003

53

ORDER granting 50 Motion to Substitute Attorney. Attorney Nelson G. Alston for Equal Employment Opportunity Commission added. Attorney Rita Byrnes Kittle terminated; to the extent Rita Byrnes Kittle seeks to withdraw as counsel of record for the plaintiff, withdrawing counsel shall comply with NELR 3.3(d) Signed by Magistrate Judge Thomas D. Thalken on 2/24/2003. (MKR, ) (Entered: 02/24/2003)

Feb. 24, 2003

Feb. 24, 2003

54

CERTIFICATE of Service of Plaintiff's Supplemental Response to Defendant's First Set of Interrogatories by Attorney Evangelina F. Hernandez on behalf of Plaintiff Equal Employment Opportunity Commission (Hernandez, Evangelina) (Entered: 02/25/2003)

Feb. 25, 2003

Feb. 25, 2003

55

FINAL PRETRIAL ORDER - estimated length of trial is 3 days; Jury Trial set for 3/17/2003 09:00 AM before Judge Joseph F. Bataillon. Signed by Magistrate Judge Thomas D. Thalken on 2/26/2003. (MKR, ) (Entered: 02/27/2003)

Feb. 26, 2003

Feb. 26, 2003

56

STRICKEN - CERTIFICATE of Service Plaintiff's Proposed Voir Dire by Attorney Nelson G. Alston on behalf of Plaintiff Equal Employment Opportunity Commission (Alston, Nelson) Modified on 3/7/2003 (SMS, ) per 56. (Entered: 03/06/2003)

March 6, 2003

March 6, 2003

57

CERTIFICATE of Service of Plaintiff's Proposed Jury Instructions by Attorney Nelson G. Alston on behalf of Plaintiff Equal Employment Opportunity Commission (Alston, Nelson) (Entered: 03/06/2003)

March 6, 2003

March 6, 2003

58

Proposed Jury Instructions by Equal Employment Opportunity Commission. (Alston, Nelson) (Entered: 03/06/2003)

March 6, 2003

March 6, 2003

59

Proposed Jury Instructions /Proposed Voir Dire Questions by Equal Employment Opportunity Commission. (Alston, Nelson) (Entered: 03/06/2003)

March 6, 2003

March 6, 2003

60

CERTIFICATE of Service of Plaintiff's Proposed Voir Dire Questions by Attorney Nelson G. Alston on behalf of Plaintiff Equal Employment Opportunity Commission (Alston, Nelson) (Entered: 03/07/2003)

March 7, 2003

March 7, 2003

61

ORDER striking Filing 56; incorrect PDF document attached. Signed by Judge Joseph F. Bataillon on 3/7/2003. (SMS, ) (Entered: 03/07/2003)

March 7, 2003

March 7, 2003

62

BRIEF (Trial) by Attorney Evangelina F. Hernandez on behalf of Plaintiff Equal Employment Opportunity Commission (Hernandez, Evangelina) (Entered: 03/07/2003)

March 7, 2003

March 7, 2003

63

CERTIFICATE of Service of Plaintiff EEOC's Trial Brief by Attorney Evangelina F. Hernandez on behalf of Plaintiff Equal Employment Opportunity Commission (Hernandez, Evangelina) (Entered: 03/07/2003)

March 7, 2003

March 7, 2003

64

Proposed Jury Instructions by Oilgear Company. (Barrett, Patrick) (Entered: 03/10/2003)

March 10, 2003

March 10, 2003

65

BRIEF by Attorney Patrick J. Barrett on behalf of Defendant Oilgear Company (Barrett, Patrick) (Entered: 03/10/2003)

March 10, 2003

March 10, 2003

66

MEMORANDUM AND ORDER granting in part and denying in part 28 Defendant's Motion for Summary Judgment; denying 38 Plaintiff's Motion in Limine. Signed by Judge Joseph F. Bataillon on 3/12/2003. (SMS, ) (Entered: 03/12/2003)

March 12, 2003

March 12, 2003

67

Minute Entry for proceedings held before Judge Joseph F. Bataillon Status Conference (pretrial) held on 3/13/2003. (Court Reporter - Allan G. Kuhlman) (NCD, ) (Entered: 03/13/2003)

March 13, 2003

March 13, 2003

68

ORDER confirming settlement; joint stipulation of dismissal to be filed by 4/30/2003. Signed by Judge Joseph F. Bataillon on 4/22/2003. (SMS, ) (Entered: 04/22/2003)

April 22, 2003

April 22, 2003

69

STIPULATION for Joint Motion for Dismissal with Prejudice by Attorney Patrick J. Barrett on behalf of Defendant Oilgear Company (Barrett, Patrick) (Entered: 04/23/2003)

April 23, 2003

April 23, 2003

70

ORDER OF DISMISSAL WITH PREJUDICE granting 69 Stipulation of Joint Motion for Dismissal for Prejudice; this action is dismissed with prejudice, each party to pay its own costs. Signed by Judge Joseph F. Bataillon on 4/23/2003. (JSF) (Entered: 04/23/2003)

April 23, 2003

April 23, 2003

Case Details

State / Territory: Nebraska

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 4, 2001

Closing Date: April 24, 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

Oilgear Company, Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Monetary Relief

Injunctive (or Injunctive-like) Relief

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

Amount Defendant Pays: 10000

Order Duration: 2003 - 2006

Content of Injunction:

Neutral/Positive Reference

Post/Distribute Notice of Rights / EE Law

Retaliation Prohibition

Develop anti-discrimination policy

Implement complaint/dispute resolution process

Provide antidiscrimination training

Monitoring

Reporting

Recordkeeping

Issues

General:

Disparate Treatment

Discrimination-area:

Pay / Benefits

Promotion

Discrimination-basis:

Age discrimination

EEOC-centric:

Direct Suit on Merits