Case: EEOC v. ALLIED SYSTEMS, INC.

1:97-cv-01396 | U.S. District Court for the Northern District of New York

Filed Date: Sept. 27, 1997

Closed Date: Aug. 23, 1999

Clearinghouse coding complete

Case Summary

The EEOC's New York district office sued Allied Systems, Inc. on September 26, 1997 in the U.S. District Court for the Northern District of New York. The EEOC's complaint alleged that the defendant violated the Americans with Disabilities Act when it discriminated based on a physical injury by failing to reinstate an employee after disability leave due to risk of future injury. The defendant filed a motion for summary judgment on December 17, 1998, which was granted on February 19, 1999. The EEOC filed an appeal on April 15, 1999, and the parties reached a settlement on appeal on August 23, 1999.

Summary Authors

Aaron Weismann (7/2/2007)

Documents in the Clearinghouse

Document

1:97-cv-01396

Docket (PACER)

Equal Employment Com v. Allied Systems, Inc.

Aug. 23, 1999

Aug. 23, 1999

Docket
1

1:97-cv-01396

Complaint

Equal Employment Opportunity Commission v. Allied Systems, Inc.

Sept. 26, 1997

Sept. 26, 1997

Complaint

Resources

Docket

Last updated July 23, 2022, 3:19 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed; ; Service deadline 11/25/97 for Allied Systems, Inc. (wbl) (Entered: 10/06/1997)

Sept. 26, 1997

Sept. 26, 1997

Summonses not issued. Service will be done by mail using the Waiver of Service of Summons. (wbl) (Entered: 10/06/1997)

Sept. 26, 1997

Sept. 26, 1997

Filing Order Issued; Conference set before Magistrate Judge David N. Hurd in Albany, Status Conference at 9:45 1/28/98 , Deadline for filing Case Management Plan, 1/14/98 (wbl) (Entered: 10/06/1997)

Sept. 26, 1997

Sept. 26, 1997

2

ANSWER to Complaint with Affirmative Defenses for Allied Systems, Inc. (Attorney Daniel J. Hurteau), (jel) (Entered: 12/05/1997)

Dec. 5, 1997

Dec. 5, 1997

3

Defendants Proposed Civil Case Management Plan Submitted. (sas) (Entered: 01/21/1998)

Jan. 20, 1998

Jan. 20, 1998

4

MOTION by Daniel J. Hurteau, Esq., for Allied Systems, Inc. for Forrest W. Hunter & Brian Douglas Edwards to Appear Pro Hac Vice Motion returnable before Judge/Mag. Judge: HURD (sas) (Entered: 01/21/1998)

Jan. 20, 1998

Jan. 20, 1998

5

AFFIDAVIT by Daniel J. Hurteau, Esq., for Allied Systems, Inc. Re: support of the [4-1] motion for Forrest W. Hunter & Brian Douglas Edwards to Appear Pro Hac Vice (sas) (Entered: 01/21/1998)

Jan. 20, 1998

Jan. 20, 1998

6

Verified Petition for Admission to Practice in the NDNY by Forrest W. Hunter (sas) (Entered: 01/21/1998)

Jan. 20, 1998

Jan. 20, 1998

7

Verified Petition for Admission to Practice submitted by Brian D. Edwards (sas) (Entered: 01/21/1998)

Jan. 20, 1998

Jan. 20, 1998

8

AFFIDAVIT by Brian Douglas Edwards for Allied Systems, Inc. Re: support of the [4-1] motion for Forrest W. Hunter & Brian Douglas Edwards to Appear Pro Hac Vice (sas) (Entered: 01/21/1998)

Jan. 20, 1998

Jan. 20, 1998

9

AFFIDAVIT by Forrest W. Hunter, Esq., for Allied Systems, Inc. Re: Support of the [4-1] motion for Forrest W. Hunter & Brian Douglas Edwards to Appear Pro Hac Vice (sas) (Entered: 01/21/1998)

Jan. 20, 1998

Jan. 20, 1998

11

CERTIFICATE OF SERVICE that a Notice of motion for Admission Pro Hac Vice via U.S. Mail was served upon Michael B. Ranis, Esq. on 1/20/98 (sas) (Entered: 01/22/1998)

Jan. 22, 1998

Jan. 22, 1998

12

ORDER, for Forrest E. Hunter and Brian Douglas Edwards to Appear Pro Hac Vice on behalf of Allied Systems, Inc. and Alston & Bird ( signed by Magistrate Judge David N. Hurd ) (fce) (Entered: 01/29/1998)

Jan. 28, 1998

Jan. 28, 1998

13

Minute entry: 1/28/98 Rule 16 Conf. w/MJ Hurd. Brian Edwards & Forrest W. Hunter admitted pro hac vice on motion of Daniel Hurteau. Order to be submitted. CMO to be issued. App. Michael Ranis via telephone for pltf, Daniel Hurteau in chambers, Brian Edwards via telephone for deft Court Reporter/ECRO: None (cmr) (Entered: 02/02/1998)

Jan. 30, 1998

Jan. 30, 1998

14

Uniform Pretrial Order; Trial Ready by: 2/15/99; Length of Trial 4 days; Preferred Trial Location: Albany, N.Y.; Join/Parties & Amend/Pleadings ddls 3/1/98; Discovery ddl 10/2/98; Motion Filing ddl 12/2/98; Jury Trial ddl 9:30 A.M. on 2/16/99 in Binghamton, N.Y.; signed by Chief Judge Thomas J. McAvoy dtd 2/23/98 (cml) (Entered: 02/23/1998)

Feb. 23, 1998

Feb. 23, 1998

15

Minute entry: 6/19/98 Discovery Teleconf. w/MJ Hurd. Pltf's request for production of documents; deft to comply with same w/in 2 wks. Failure to comply may result in proposed Order to compel production being submitted. Deft's request to take EBTs of treating doctors w/o medical releases discussed. MJ Hurd to issue written decision regarding same. App. Michael Ranis for pltf, Brian Edwards for deft Court Reporter/ECRO: None (cmr) (Entered: 06/22/1998)

June 22, 1998

June 22, 1998

16

Letter from Brian Edwards of Alston & Bird to Mag. Judge Hurd dated 5/11/98 re: Discovery (fce) (Entered: 06/25/1998)

June 25, 1998

June 25, 1998

17

Letter from Michael B. Ranis EEOC Trial Atty., to Judge Hurd dated 5/20/98 re: responding to Deft. Allieds letter of 5/11/98 regarding discovery (fce) (Entered: 06/25/1998)

June 25, 1998

June 25, 1998

18

ORDER, Defendant's attorneys may conduct ex parte or private interviews with Mr. Eissing's treating physicians , Defendant's attorneys shall inform those treating physicians of their right to decline to be privately interviewed and shall provide them with a copy of this Order , Mr. Eissing may object and not consent to such private interviews , and Defendant's request to compel releases is DENIED ( signed by Magistrate Judge David N. Hurd ) (fce) (Entered: 06/26/1998)

June 26, 1998

June 26, 1998

19

Letter from Michael B Ranis of EEOC to Judge Hurd dated 8/7/98 re: Seeking courts intervention regarding discovery disputes (fce) (Entered: 09/21/1998)

Sept. 21, 1998

Sept. 21, 1998

20

Letter from Brian Edwards of Alston & Bird, LLP dated 8/17/98 re: Discovery, with attached exhibits (fce) (Entered: 09/21/1998)

Sept. 21, 1998

Sept. 21, 1998

21

Letter from Brian D. Edwards to Judge Hurd dated 8/26/98 re: supplement to letter of 8/17/98 regarding discovery disputes (fce) (Entered: 09/21/1998)

Sept. 21, 1998

Sept. 21, 1998

23

REQUEST and ORDER, DENYING EEOC request for extension of discovery deadline to March 6, 1999 ( signed by Magistrate Judge David N. Hurd ) (fce) (Entered: 09/22/1998)

Sept. 22, 1998

Sept. 22, 1998

24

ORDER denying [23-1] order EEOC request for extension of discovery deadline to March 6, 1999 to renew in the event plaintiff is awarded punitive damages, denying [23-2] relief, Document request #11 and interrogatory # 16-19 have been satisfactorily answered , Upon execution of a proper confidentiality agreement, defendant shall comply with doc. # 13. ( signed by Magistrate Judge David N. Hurd ) (fce) (Entered: 09/22/1998)

Sept. 22, 1998

Sept. 22, 1998

25

Letter from Brian D. Edwards of Alston & Bird, LLP to Judge Hurd dated 9/28/98 re: requesting help in resolving a dispute pertaining to Discovery (fce) (Entered: 09/30/1998)

Sept. 30, 1998

Sept. 30, 1998

27

EEOC'S NOTICE OF APPEAL of Two Discovery Rulings by Magistrate Judge Hurd's decision to District Court; returnable before Chief Judge Thomas J. McAvoy on 11-09-98 at 10:00 a.m. in Albany NY (pta) (Entered: 10/07/1998)

Oct. 6, 1998

Oct. 6, 1998

28

MEMORANDUM by Equal Employment Com in support of [27-1] Magistrate appeal (pta) (Entered: 10/07/1998)

Oct. 6, 1998

Oct. 6, 1998

29

AFFIDAVIT of Michael B. Ranis, Esq. by Equal Employment Com in support of Pltf Re: [27-1] Magistrate appeal; Exhibits A to L (pta) (Entered: 10/07/1998)

Oct. 6, 1998

Oct. 6, 1998

26

COURT NOTICE Placing MOTION by Equal Employment Commission Appeal of Mag/Judge Hurd's Decisions filed 9-22-98 before Chief Judge McAvoy , Hearing set for 10:00 a.m. on 11/9/98 , Response Deadline 10/26/98 , Reply to Response Deadline 11/2/98 (pta) (Entered: 10/07/1998)

Oct. 7, 1998

Oct. 7, 1998

30

LETTER of Brian D. Edwards dated 10/14/98 on behalf of Allied Systems, Inc. pursuant to Local Rule 7.1(b) regarding Motion: Summary Judgment served. (fce) (Entered: 10/15/1998)

Oct. 15, 1998

Oct. 15, 1998

31

Letter application received from Equal Employment Com requesting: to Suspend Scheduled Motion for Summary Judgment to be heard 11-09-98 MC [forward to Chambers] (pta) (Entered: 10/22/1998)

Oct. 22, 1998

Oct. 22, 1998

32

Letter from EEOC trial atty. Michael B. Ranis to Judge Hurd dated 10/14/98 re: responding to Allied's letter of 9/28/98 regarding discovery. (fce) (Entered: 10/23/1998)

Oct. 23, 1998

Oct. 23, 1998

33

RESPONSE AFFIDAVIT by Brian Edwards for Allied Systems, Inc. Re: in opposition to [26-1] motion Appeal of Mag/Judge Hurd's Decisions filed 9-22-98 before Chief Judge McAvoy (fce) (Entered: 10/26/1998)

Oct. 26, 1998

Oct. 26, 1998

34

MEMORANDUM OF LAW Order by Allied Systems, Inc. in opposition to [26-1] motion Appeal of Mag/Judge Hurd's Decisions filed 9-22-98 before Chief Judge McAvoy (fce) (Entered: 10/26/1998)

Oct. 26, 1998

Oct. 26, 1998

36

MEMORANDUM by Allied Systems, Inc. in opposition to [31-1] application to suspend summary judgment schedule (fce) (Entered: 10/29/1998)

Oct. 29, 1998

Oct. 29, 1998

37

SUPPLEMENTAL AFFIDAVIT by Michael B. Ranis for Equal Employment Com Re: in support of[26-1] motion Appeal of Mag/Judge Hurd's Decisions filed 9-22-98 before Chief Judge McAvoy (fce) (Entered: 10/30/1998)

Oct. 30, 1998

Oct. 30, 1998

38

ORDER, that plaintiff comply with defendants discovery demands fro 4/1/88 to present ( signed by Magistrate Judge David N. Hurd ) (fce) (Entered: 10/30/1998)

Oct. 30, 1998

Oct. 30, 1998

39

COURT NOTICE of Pending Motions scheduled for 11-09-98 Motion Calendar will be taken on SUBMIT (pta) (Entered: 11/03/1998)

Nov. 2, 1998

Nov. 2, 1998

40

ORDER denying Pltf's [26-1] Appeal of Mag/Judge Hurd's Decisions filed 9-22-98 (signed by Chief Judge Thomas J. McAvoy on 11/4/98) [served] (amt) (Entered: 11/06/1998)

Nov. 4, 1998

Nov. 4, 1998

Motion hearing re: [26-1] motion Appeal of Mag/Judge Hurd's Decisions filed 9-22-98 (cml) (Entered: 11/13/1998)

Nov. 9, 1998

Nov. 9, 1998

41

Minute entry: MOTION CALENDAR HELD 11/09/98 bef Chief Judge McAvoy in Albany, NY: APP: None; CR: T. Berical; LC/AR. Pltf's [27-1] Magistrate appeal of MJ Hurd's decision - TAKEN ON SUBMIT [addressed by TJM [40-1] order] (cml) (Entered: 11/13/1998)

Nov. 13, 1998

Nov. 13, 1998

42

REQUEST and ORDER, reset Dispositive Motion Filing deadline to 12/18/98 ( signed by Magistrate Judge David N. Hurd ) (fce) (Entered: 11/17/1998)

Nov. 17, 1998

Nov. 17, 1998

43

ORDER amending Trial Ready date to be 3/8/99 and resetting Jury Trial for 9:30am on 3/9/99 (signed by Chief Judge Thomas J. McAvoy on 12/7/98) [served] (amt) (Entered: 12/07/1998)

Dec. 7, 1998

Dec. 7, 1998

44

LETTER of Michael B. Ranis dated 12/3/98 on behalf of Equal Employment Com pursuant to Local Rule 7.1(b) regarding opposition papers to Motion: Summary Judgment served. (fce) (Entered: 12/07/1998)

Dec. 7, 1998

Dec. 7, 1998

45

MOTION by Allied Systems, Inc. for Summary Judgment , Hearing set for 10:00 1/11/99 Motion returnable before Judge/Mag. Judge: McAvoy in Albany (fce) (Entered: 12/17/1998)

Dec. 17, 1998

Dec. 17, 1998

46

Rule 7.1(f) Statement in Support of [45-1] motion for Summary Judgment filed by Allied Systems, Inc. (fce) (Entered: 12/17/1998)

Dec. 17, 1998

Dec. 17, 1998

47

AFFIDAVIT by James Luda for Allied Systems, Inc. Re: in support of [45-1] motion for Summary Judgment (fce) (Entered: 12/17/1998)

Dec. 17, 1998

Dec. 17, 1998

48

AFFIDAVIT by Brian Edwards for Allied Systems, Inc. Re: in support of [45-1] motion for Summary Judgment (fce) (Entered: 12/17/1998)

Dec. 17, 1998

Dec. 17, 1998

49

MEMORANDUM OF LAW by Allied Systems, Inc. in support of [45-1] motion for Summary Judgment (fce) (Entered: 12/17/1998)

Dec. 17, 1998

Dec. 17, 1998

51

RESPONSE AFFIDAVIT by Joseph Eissing for Equal Employment Com Re: in opposition to [45-1] motion for Summary Judgment (fce) (Entered: 12/17/1998)

Dec. 17, 1998

Dec. 17, 1998

52

Rule 7.1(f) Statement in Opposition to [45-1] motion for Summary Judgment filed by Equal Employment Com (fce) (Entered: 12/17/1998)

Dec. 17, 1998

Dec. 17, 1998

53

MEMORANDUM OF LAW by Equal Employment Com in opposition to [45-1] motion for Summary Judgment (fce) (Entered: 12/17/1998)

Dec. 17, 1998

Dec. 17, 1998

54

REPLY AFFIDAVIT by Brian edwards for Allied Systems, Inc. Re: in support of [45-1] motion for Summary Judgment (fce) (Entered: 12/17/1998)

Dec. 17, 1998

Dec. 17, 1998

55

REPLY MEMORANDUM by Allied Systems, Inc. to response to [45-1] motion for Summary Judgment (fce) (Entered: 12/17/1998)

Dec. 17, 1998

Dec. 17, 1998

56

Scheduling Notice: Deft [45-1] motion for Summary Judgment ADJOURNED from 1/11/99 to 2/8/99, 10:00 a.m. in Albany [all counsel were notified by phone on 1/6/99] [served] (plp) (Entered: 01/06/1999)

Jan. 6, 1999

Jan. 6, 1999

57

COURT NOTICE of 2-08-99 Motion Calendar pending motions [45-1] will be taken on SUBMIT (pta) (Entered: 02/01/1999)

Feb. 1, 1999

Feb. 1, 1999

Motion hearing re: Deft's [45-1] motion for Summary Judgment held (cml) (Entered: 02/10/1999)

Feb. 8, 1999

Feb. 8, 1999

58

Minute entry: MOTION CALENDAR HELD 2/08/99 bef Chief Judge McAvoy in Albany, NY: APP: None; CR: B. Buckley; LC/SE. Deft's [45-1] motion for Summary Judgment - TAKEN ON SUBMIT. (cml) (Entered: 02/10/1999)

Feb. 10, 1999

Feb. 10, 1999

59

MEMORANDUM-DECISION-ORDER; that Allied's [45-1] motion for Summary Judgment is GRANTED and the Complaint against it is dismissed in its entirety. The Clerk is directed to close the file. (dd 2-18-99 signed by Chief Judge Thomas J. McAvoy ) (pta) (Entered: 02/19/1999)

Feb. 19, 1999

Feb. 19, 1999

60

JUDGMENT dismissing the complaint in its entirety for Allied Systems, Inc. against Equal Employment Com Date Served: 2/19/99 (pta) (Entered: 02/19/1999)

Feb. 19, 1999

Feb. 19, 1999

Case closed , Office 1 (pta) (Entered: 02/19/1999)

Feb. 19, 1999

Feb. 19, 1999

63

DEFT ALLIED Proposed Bill of costs [placed on 6-14-99 Motion Calendar per Chambers] (pta) (Entered: 04/30/1999)

March 22, 1999

March 22, 1999

64

MEMORANDUM by Allied Systems, Inc. in support of [63-1] Proposed Bill of Costs returnable 6-14-99 before Chief Judge Thomas J. McAvoy (pta) (Entered: 04/30/1999)

March 22, 1999

March 22, 1999

61

RESPONSE by Equal Employment Com in opposition to deft.'s bill of costs (fce) (Entered: 04/07/1999)

April 7, 1999

April 7, 1999

62

NOTICE OF APPEAL by Equal Employment Com . Appeal record due on 5/15/99. FEE WAIVED (fce) (Entered: 04/16/1999)

April 15, 1999

April 15, 1999

65

COURT NOTICE Placing Deft Allied Systems, Inc. for Bill of Costs , Hearing set by the Court for 10:00 a.m. on 6/14/99 , Response Deadline 5/31/99 , Reply to Response Deadline 6/7/99 referring to Doc. #63 - ON SUBMIT BASIS (pta) (Entered: 04/30/1999)

April 30, 1999

April 30, 1999

66

Bill of costs [placed on Chief Judge Thomas J. McAvoy's 6-14-99 Motion Calendar] (pta) (Entered: 05/13/1999)

May 3, 1999

May 3, 1999

67

MEMORANDUM by Allied Systems, Inc. in support of [66-1] Bill of Costs against Pltf (pta) (Entered: 05/13/1999)

May 3, 1999

May 3, 1999

68

Court of Appeals Scheduling Order, re: [62-1] appeal by Equal Employment Com ; Appeal record due on 6/16/99 (fce) (Entered: 06/03/1999)

June 3, 1999

June 3, 1999

Certified and transmitted Index to the record on appeal to U.S. Court of Appeals: [62-1] appeal by Equal Employment Com (pta) (Entered: 06/08/1999)

June 8, 1999

June 8, 1999

69

MEMORANDUM-DECISION-ORDER; granting [65-1] Bill of Costs in the amount of $3,345.35; denying Pltfs request for a stay. Defts motion is denied in all other respects (dd 6-09-99 signed by Chief Judge Thomas J. McAvoy ) Date Entered: 6/9/99 (pta) (Entered: 06/09/1999)

June 9, 1999

June 9, 1999

Motion hearing re: Deft's [65-1] amended motion for Bill of Costs held (cml) (Entered: 06/15/1999)

June 14, 1999

June 14, 1999

70

Minute entry: MOTION CALENDAR HELD 6/14/99 bef Chief Judge McAvoy in Albany, NY: APP: None; CR: T. Berical; LC/SE. Defts' [65-1] amended motion for Bill of Costs - TAKEN ON SUBMIT [addressed by TJM [69-1] Order] (cml) (Entered: 06/21/1999)

June 16, 1999

June 16, 1999

71

CCA NOTICE of Receipt of Index to ROA #99-6105 received 6-15-99 (pta) (Entered: 06/21/1999)

June 21, 1999

June 21, 1999

USCA Case Number Re: [62-1] appeal by Equal Employment Com USCA NUMBER: 99-6105 (fce) (Entered: 08/24/1999)

Aug. 23, 1999

Aug. 23, 1999

72

JUDGMENT OF USCA (certified copy) Re: [62-1] appeal by Equal Employment Com; Pursuant to FRAP 42(b), the parties to this appeal, having entered into an agreement to settle it, hereby agree that the appeal should be dismissed, with each party to pay its own costs on appeal (fce) (Entered: 08/24/1999)

Aug. 23, 1999

Aug. 23, 1999

Case Details

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 27, 1997

Closing Date: Aug. 23, 1999

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

Allied Systems, Inc., 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:

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Discrimination-basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits