Case: EEOC v. BURLINGTON NORTHERN & SANTE FE CO.

5:04-cv-00660 | U.S. District Court for the Western District of Oklahoma

Filed Date: May 27, 2004

Closed Date: Jan. 3, 2007

Clearinghouse coding complete

Case Summary

The EEOC's Dallas district office sued Burlington Northern & Santa Fe Railway Company, on May 27, 2004 in the U.S. District Court for the Western District of Oklahoma. The EEOC's complaint alleged that Burlington violated the Americans with Disabilities Act when it discriminated based on disability (physical)by failing to hire a disabled person. Burlington filed a motion for summary judgment on May 2, 2005, which was granted on December 8, 2005. The EEOC appealed on February 13, 2006, but the appellate court affirmed the district court's opinion.

Summary Authors

Aaron Weismann (6/21/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/12185974/parties/equal-employment-opportunity-commission-v-burlington-northern-santa-fe/

Documents in the Clearinghouse

Document

Docket (PACER)

Equal Employment Opportunity Commission v. Burlington Northern Santa Fe Railway Company

Jan. 3, 2007 Docket
1

Complaint

Equal Employment Opportunity Commission v. Burlington Northern Santa Fe Railway Company

May 27, 2004 Complaint
20

Order

Equal Employment Opportunity Commission v. Burlington Northern Santa Fe Railway Company

Sept. 28, 2004 Order/Opinion
44

Order

Equal Employment Opportunity Commission v. Burlington Northern Santa Fe Railway Company

406 F.Supp.2d 1228

Dec. 8, 2005 Order/Opinion
46

Judgment

Equal Employment Opportunity Commission v. Burlington Northern Santa Fe Railway Company

Dec. 16, 2005 Order/Opinion

Order and Judgment

Equal Employment Opportunity Commission v. Burlington Northern Santa Fe Railway Company

U. S. Court of Appeals for the Tenth Circuit

211 Fed.Appx. 682

Nov. 29, 2006 Order/Opinion

Resources

Title Description External URL

Judicial Independence, Employment Discrimination Studies Funded

Ann Nicholson

This brief article describes the Clearinghouse's award of $12,000 to build its collection of employment discrimination class actions brought by private plaintiffs. Nov. 1, 2008 https://law.wustl.edu/...

Under the Radar: Visibility and the Effects of Discrimination Lawsuits in Small and Large Firms

Carly Knight, Frank Dobbin, Alexandra Kalev

Research on how discrimination lawsuits affect corporate diversity has yielded mixed results. Qualitative studies highlight the limited efficacy of lawsuits in the typical workplace, finding that lit… April 1, 2022 https://cris.tau.ac.il/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/12185974/equal-employment-opportunity-commission-v-burlington-northern-santa-fe/

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

ECF Number Description Date Link
2

GENERAL ORDER 04-02 (April 15, 2004) Mandatory Electronic Case Filing. Signed by Judge Ralph G. Thompson on 4/15/04. (cjs, ) (Entered: 05/27/2004)

April 15, 2004 PACER
1

COMPLAINT against Burlington Northern Santa Fe Railway Company, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(cjs, ) Modified on 5/27/2004 (cjs, ). (Entered: 05/27/2004)

1 Civil Cover Sheet

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May 27, 2004 PACER
3

PRAECIPE for and issued 1 summons by Equal Employment Opportunity Commission. (cjs, ) (Entered: 06/16/2004)

June 16, 2004 PACER
4

ENTRY of Appearance by Roberta Fields on behalf of Burlington Northern Santa Fe Railway Company (Fields, Roberta) (Entered: 07/07/2004)

July 7, 2004 PACER
5

MOTION to Dismiss and Brief in Support by Burlington Northern Santa Fe Railway Company. (Attachments: # 1 Exhibit 1 - EEOC charge# 2 Exhibit 2 - EEOC Determination# 3 Exhibit 3 - Proposed Conciliation Agreement# 4 Exhibit 4 - BNSF Position Statement# 5 Exhibit 5 - Response to Supplemental Inquiry)(Fields, Roberta) (Entered: 07/07/2004)

1 Exhibit 1 - EEOC charge

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2 Exhibit 2 - EEOC Determination

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3 Exhibit 3 - Proposed Conciliation Agreement

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4 Exhibit 4 - BNSF Position Statement

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5 Exhibit 5 - Response to Supplemental Inquiry

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July 7, 2004 PACER
6

MOTION for Limited Admission Pro Hac Vice by Burlington Northern Santa Fe Railway Company. (Attachments: # 1 Exhibit 1 - Pro Hac Vice - Fink# 2 Exhibit 2 - Pro Hac Vice - Neal# 3 Exhibit 3 - Pro Hac Vice - Stroik)(Fields, Roberta) (Entered: 07/07/2004)

1 Exhibit 1 - Pro Hac Vice - Fink

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2 Exhibit 2 - Pro Hac Vice - Neal

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3 Exhibit 3 - Pro Hac Vice - Stroik

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July 7, 2004 PACER
7

DISCLOSURE STATEMENT by Burlington Northern Santa Fe Railway Company. (Fields, Roberta) (Entered: 07/07/2004)

July 7, 2004 PACER
8

Receipt for Money Received from Rainey Ross Rice & Binns in the amount of $150.00 receipt number 105420 regarding 6 MOTION for Limited Admission Pro Hac Vice (cjs, ) (Entered: 07/13/2004)

July 13, 2004 PACER
9

ORDER granting 6 Stephen F Fink, Bryan P Neal and Lawrence M Stroik's Motion for Limited Admission provided cnsl file their respective entries of appearance, consistent with LcvR 83.4 and submit their ECF reg form as req by this Court.. Signed by Judge Ralph G. Thompson on 7/14/04. (cjs, ) (Entered: 07/14/2004)

July 14, 2004 PACER
10

MOTION for Extension of Time to File Response/Reply as to 5 MOTION to Dismiss and Brief in Support by Equal Employment Opportunity Commission. (Cole, Holly) (Entered: 07/14/2004)

July 14, 2004 PACER
11

ORDER granting 10 Pla's Motion for Extension of Time to File Response/Reply re 10 MOTION for Extension of Time to File Response/Reply as to 5 MOTION to Dismiss and Brief in Support Responses due by 7/30/2004. Signed by Judge Ralph G. Thompson on 7/15/04. (cjs, ) (Entered: 07/15/2004)

July 15, 2004 PACER
12

RESPONSE to Motion re 5 MOTION to Dismiss and Brief in Support filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1-Jarrad Letter# 2 Exhibit 2-Courreges June 27# 3 Exhibit 2-Courreges June 27, p.2# 4 Exhibit 3-Sisolak Declaration# 5 Exhibit 4-Courreges May 28)(Cole, Holly) (Entered: 07/30/2004)

1 Exhibit 1-Jarrad Letter

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2 Exhibit 2-Courreges June 27

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3 Exhibit 2-Courreges June 27, p.2

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4 Exhibit 3-Sisolak Declaration

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5 Exhibit 4-Courreges May 28

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July 30, 2004 PACER
13

ENTRY of Appearance by Stephen F Fink on behalf of Burlington Northern Santa Fe Railway Company (Fink, Stephen) (Entered: 08/02/2004)

Aug. 2, 2004 PACER
14

ENTRY of Appearance by Bryan P Neal on behalf of Burlington Northern Santa Fe Railway Company (Neal, Bryan) (Entered: 08/02/2004)

Aug. 2, 2004 PACER
15

ENTRY of Appearance by Lawrence M Stroik on behalf of Burlington Northern Santa Fe Railway Company (Stroik, Lawrence) (Entered: 08/03/2004)

Aug. 3, 2004 PACER
16

UNOPPOSED MOTION for Leave to File Reply by Burlington Northern Santa Fe Railway Company. (Gerrity, Nancy) (Entered: 08/09/2004)

Aug. 9, 2004 PACER
17

ORDER granting 16 dft's Motion for Leave to File Reply. Dft is granted lv to file a reply brf in support of its mtn to dismiss not to exceed 10 pages w/in 5 days of the date of this order. . Signed by Judge Ralph G. Thompson on 8/10/04. (cjs, ) (Entered: 08/10/2004)

Aug. 10, 2004 PACER
18

ENTRY of Appearance by Nancy M Gerrity on behalf of Burlington Northern Santa Fe Railway Company (Gerrity, Nancy) (Entered: 08/13/2004)

Aug. 13, 2004 PACER
19

REPLY to Response to Motion re 5 MOTION to Dismiss and Brief in Support filed by Burlington Northern Santa Fe Railway Company. (Gerrity, Nancy) (Entered: 08/13/2004)

Aug. 13, 2004 PACER
20

ORDER denying 5 Motion to Dismiss filed by dft. Signed by Judge Ralph G. Thompson on 9/28/04. (cjs, ) (Entered: 09/28/2004)

Sept. 28, 2004 PACER
21

MOTION to Withdraw as Attorney by Burlington Northern Santa Fe Railway Company. (Gerrity, Nancy) (Entered: 10/04/2004)

Oct. 4, 2004 PACER
22

ORDER granting 21 Motion to Withdraw as Attorney. Attorney Nancy M Gerrity terminated . Signed by Judge Ralph G. Thompson on 10/5/04. (cjs, ) (Entered: 10/05/2004)

Oct. 5, 2004 PACER
23

ANSWER to Complaint by Burlington Northern Santa Fe Railway Company.(Fields, Roberta) (Entered: 10/12/2004)

Oct. 12, 2004 PACER
24

MOTION for Reconsideration of Order Denying Motion to Dismiss by Burlington Northern Santa Fe Railway Company. (Fields, Roberta) (Entered: 10/20/2004)

Oct. 20, 2004 PACER
25

DOCKET: Scheduling Conference set for 12/2/2004 09:50 AM in Chambers before Honorable Ralph G. Thompson. Status Report due by 11/29/2004. (mb, ) (Entered: 11/01/2004)

Nov. 1, 2004 PACER
26

RESPONSE in Opposition re 24 MOTION for Reconsideration of Order Denying Motion to Dismiss filed by Equal Employment Opportunity Commission. (Cole, Holly) (Entered: 11/05/2004)

Nov. 5, 2004 PACER
27

ORDER denying 24 Dft's Motion for Reconsideration . Signed by Judge Ralph G. Thompson on 11/10/04. (cjs, ) (Entered: 11/10/2004)

Nov. 10, 2004 PACER
28

JOINT DISCOVERY PLAN by Plaintiff Equal Employment Opportunity Commission. (Cole, Holly) (Entered: 11/22/2004)

Nov. 22, 2004 PACER
29

JOINT STATUS REPORT of the parties by Plaintiff Equal Employment Opportunity Commission. (Cole, Holly) (Entered: 11/22/2004)

Nov. 22, 2004 PACER
30

ENTRY of Appearance by Patricia L Franz on behalf of Burlington Northern Santa Fe Railway Company (Franz, Patricia) (Entered: 11/30/2004)

Nov. 30, 2004 PACER
31

ENTRY of Appearance by Holly Waldron Cole on behalf of Equal Employment Opportunity Commission (Cole, Holly) (Entered: 12/02/2004)

Dec. 2, 2004 PACER
32

MINUTE ORDER. Conference held. Parties are granted 120 days to conduct discovery on the question whether re someone as unable to perform train-service work is re the person as substantially limited in the major life activity of working. Dft to file motion for sumjgm. Pla to respond 30 days thereafter.. Signed by Judge Ralph G. Thompson on 12/2/04. (cjs, ) (Entered: 12/03/2004)

Dec. 2, 2004 PACER
33

MOTION to Withdraw as Attorney by Equal Employment Opportunity Commission. (Cole, Holly) (Entered: 02/11/2005)

Feb. 11, 2005 PACER
34

ENTRY of Appearance by Toby W Costas on behalf of Equal Employment Opportunity Commission (Costas, Toby) (Entered: 02/14/2005)

Feb. 14, 2005 PACER
35

ORDER granting 33 Motion to Withdraw as Attorney. Attorney Holly Waldron Cole terminated . Signed by Judge Ralph G. Thompson on 2/14/05. (cjs, ) (Entered: 02/14/2005)

Feb. 14, 2005 PACER
36

MOTION for Summary Judgment by Burlington Northern Santa Fe Railway Company. (Attachments: # 1 Affidavit 1-Morgan Affidavit/Declaration# 2 Exhibit 2-Morgan Deposition# 3 Exhibit 3-Morgan Dep.Ex.8C# 4 Exhibit 4-Morgan Dep. Ex. 17)(Fields, Roberta) (Entered: 05/02/2005)

1 Affidavit 1-Morgan Affidavit/Declaration

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2 Exhibit 2-Morgan Deposition

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3 Exhibit 3-Morgan Dep.Ex.8C

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4 Exhibit 4-Morgan Dep. Ex. 17

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May 2, 2005 PACER
37

RESPONSE to Motion re 36 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 Attachment 1-EEORESPONSEMSJPART2# 2 Attachment 2-EEOCRESPONSEMSJPART3# 3 Exhibit 4-EXHIBITPART1DEPOTERRYMORTAN# 4 Exhibit 5-EXHIBIT1PART2DEPOTERRYMORGAN# 5 Exhibit 6-EXHIBIT1PART3DEPOTERRYMORGAN# 6 Exhibit 7-EXHIBIT1PART4DEPOTERRYMORGAN# 7 Exhibit 8-EXHIBIT1PART5DEPOTERRYMORGAN# 8 Exhibit 9-EXHIBIT2EMPLOYMENTOPPORTUNITIESFORTRAINSERVICE# 9 Exhibit 10-EXHIBIT3DECLARATIONOFMARIABUCKLES51505# 10 Exhibit 11-EXHIBIT4JARRARDLTR# 11 Exhibit 12-EXHIBIT5EXEMPLARFAX# 12 Exhibit 13-EXHIBIT6DEFTSASWRINTERROG# 13 Exhibit 14-EXHIBIT7DECLARTOMFREEMAN# 14 Exhibit 15-EXHIBIT8BNSFLTR62703# 15 Exhibit 16-EXHIBIT9MEDICALRELEASES# 16 Exhibit 17-EXHIBIT10BUCKLESDECLARATION32505# 17 Exhibit 18-EXHIBIT11DECLARATIONOFLONG# 18 Exhibit 19-EXHIBIT14BNSFLTR52803# 19 Exhibit 20-EXHIBIT15EMPOWERMENTPOLICY# 20 Attachment 21-EEOCDECLARATIONPEGGYKIRKWOOD)(Costas, Toby) (Entered: 06/01/2005)

1 Attachment 1-EEORESPONSEMSJPART2

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2 Attachment 2-EEOCRESPONSEMSJPART3

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3 Exhibit 4-EXHIBITPART1DEPOTERRYMORTAN

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4 Exhibit 5-EXHIBIT1PART2DEPOTERRYMORGAN

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5 Exhibit 6-EXHIBIT1PART3DEPOTERRYMORGAN

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6 Exhibit 7-EXHIBIT1PART4DEPOTERRYMORGAN

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7 Exhibit 8-EXHIBIT1PART5DEPOTERRYMORGAN

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8 Exhibit 9-EXHIBIT2EMPLOYMENTOPPORTUNITIESFORTRAINSERVICE

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9 Exhibit 10-EXHIBIT3DECLARATIONOFMARIABUCKLES51505

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10 Exhibit 11-EXHIBIT4JARRARDLTR

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11 Exhibit 12-EXHIBIT5EXEMPLARFAX

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12 Exhibit 13-EXHIBIT6DEFTSASWRINTERROG

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13 Exhibit 14-EXHIBIT7DECLARTOMFREEMAN

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14 Exhibit 15-EXHIBIT8BNSFLTR62703

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15 Exhibit 16-EXHIBIT9MEDICALRELEASES

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16 Exhibit 17-EXHIBIT10BUCKLESDECLARATION32505

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17 Exhibit 18-EXHIBIT11DECLARATIONOFLONG

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18 Exhibit 19-EXHIBIT14BNSFLTR52803

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19 Exhibit 20-EXHIBIT15EMPOWERMENTPOLICY

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20 Attachment 21-EEOCDECLARATIONPEGGYKIRKWOOD

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June 1, 2005 PACER
38

MOTION for Order To File Exhibits #12 & #13 to Response to Summary Judgment Out of Time by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 3-EXHIBIT12PART2A2EXPERTREPORT# 2 Exhibit 4-EXHIBIT12PART2BEXPERTREPORT# 3 Exhibit 1-EXHIBIT12PART1EXPERTREPORT# 4 Exhibit 5-EXHIBIT12PART3EXPERTREPORT# 5 Exhibit 6-EXHIBIT13PART1JOBROSTER# 6 Exhibit 7-EXHIBIT13PART2JOBROSTER# 7 Exhibit 8-EXHIBIT13PART3JOBROSTER# 8 Exhibit 9-EXHIBIT13PART4JOBROSTER# 9 Exhibit 10-EXHIBIT13PART4AJOBROSTER# 10 Exhibit 11-EXHIBIT13PART5JOBROSTER# 11 Exhibit 12-EXHIBIT13PART6JOBROSTER# 12 Exhibit 2-EXHIBIT12PART2A1EXPERTREPORT)(Costas, Toby) (Entered: 06/02/2005)

1 Exhibit 3-EXHIBIT12PART2A2EXPERTREPORT

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2 Exhibit 4-EXHIBIT12PART2BEXPERTREPORT

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3 Exhibit 1-EXHIBIT12PART1EXPERTREPORT

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4 Exhibit 5-EXHIBIT12PART3EXPERTREPORT

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5 Exhibit 6-EXHIBIT13PART1JOBROSTER

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6 Exhibit 7-EXHIBIT13PART2JOBROSTER

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7 Exhibit 8-EXHIBIT13PART3JOBROSTER

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8 Exhibit 9-EXHIBIT13PART4JOBROSTER

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9 Exhibit 10-EXHIBIT13PART4AJOBROSTER

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10 Exhibit 11-EXHIBIT13PART5JOBROSTER

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11 Exhibit 12-EXHIBIT13PART6JOBROSTER

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12 Exhibit 2-EXHIBIT12PART2A1EXPERTREPORT

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June 2, 2005 PACER
39

ORDER granting 38 Pla's Motion for Order to file Exh #12 and #13. Signed by Judge Ralph G. Thompson on 6/6/05. (cjs, ) (Entered: 06/06/2005)

June 6, 2005 PACER
40

MOTION for Leave to File Reply Brief by Burlington Northern Santa Fe Railway Company. (Fields, Roberta) (Entered: 06/15/2005)

June 15, 2005 PACER
41

RESPONSE to Motion re 40 MOTION for Leave to File Reply Brief filed by Equal Employment Opportunity Commission. (Costas, Toby) (Entered: 06/16/2005)

June 16, 2005 PACER
42

ORDER granting 40 Dft's Motion for Leave to File Reply. Dft's reply brief shall be filed no later than 10 days following the date of this order and shall consist of no more than 15 pages. . Signed by Judge Ralph G. Thompson on 6/17/05. (cjs, ) (Entered: 06/17/2005)

June 17, 2005 PACER
43

REPLY to Response to Motion re 36 MOTION for Summary Judgment filed by Burlington Northern Santa Fe Railway Company. (Fields, Roberta) (Entered: 07/01/2005)

July 1, 2005 PACER
44

ORDER granting 36 Dft Burlington's Motion for Summary Judgment. Because the mtn and preceding discovery are limited; the parties are directed to advise the court if there are any remaining issues for discovery and trial. The parties shal do so by written submission no later than 12/16/05 . Signed by Judge Ralph G. Thompson on 12/8/05. (cjs, ) (Entered: 12/08/2005)

Dec. 8, 2005 PACER
45

JOINT STATUS REPORT to Court by Defendant Burlington Northern Santa Fe Railway Company. (Fields, Roberta) (Entered: 12/16/2005)

Dec. 16, 2005 PACER
46

JUDGMENT in favor of dft Burlington Northern & Santa Fe Railway against plaEqual Employment Opportunity Comm. Signed by Judge Ralph G. Thompson on 12/16/05. (cjs, ) (Entered: 12/16/2005)

Dec. 16, 2005 PACER
47

MOTION for Costs and Brief in Support by Burlington Northern Santa Fe Railway Company. (Fields, Roberta) (Entered: 12/22/2005)

Dec. 22, 2005 PACER
48

BILL OF COSTS by Burlington Northern Santa Fe Railway Company. (Attachments: # 1 Attachment Itemization - Form AO 133# 2 Exhibit 1 - Invoice and Check Payable to LegaLink Los Angeles# 3 Exhibit 2 - Cost Table Listing)(Fields, Roberta) (Entered: 12/22/2005)

1 Attachment Itemization - Form AO 133

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2 Exhibit 1 - Invoice and Check Payable to LegaLink Los Angeles

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3 Exhibit 2 - Cost Table Listing

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Dec. 22, 2005 PACER
49

NOTICE OF BILL OF COSTS HEARING, Bill of Costs Hearing set for 1/26/2006 11:00 AM in Court Clerk's Office (mb, ) (Entered: 12/22/2005)

Dec. 22, 2005 PACER
50

Costs Taxed in amount of $ 502.90 against Equal Employment Opportunity Comm (cjs, ) (Entered: 01/26/2006)

Jan. 26, 2006 PACER
51

NOTICE by Equal Employment Opportunity Commission (Costas, Toby) (Entered: 02/13/2006)

Feb. 13, 2006 PACER
52

NOTICE OF APPEAL as to 46 Judgment by Equal Employment Opportunity Commission. (dl, ) (Entered: 02/14/2006)

Feb. 13, 2006 PACER
53

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 52 Notice of Appeal (dl, ) (Entered: 02/14/2006)

Feb. 14, 2006 PACER
54

USCA Case Number 06-6074 for 52 Notice of Appeal filed by Equal Employment Opportunity Commission,. (dl, ) (Entered: 02/17/2006)

Feb. 17, 2006 PACER
55

TRANSCRIPT Order Form by Equal Employment Opportunity Commission that transcripts are not necessary. See order form for dates and proceedings. (Costas, Toby) (Entered: 02/24/2006)

Feb. 24, 2006 PACER
56

DESIGNATION of Record on Appeal by Equal Employment Opportunity Commission re 52 Notice of Appeal (Attachments: # 1 Attachment DOCKET SHEET)(Costas, Toby) (Entered: 02/24/2006)

1 Attachment DOCKET SHEET

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Feb. 24, 2006 PACER
57

TRANSCRIPT LETTER advising that transcripts are not necessary re 52 Notice of Appeal filed by Equal Employment Opportunity Commission,. The record is ready for appeal purposes. (dl, ) (Entered: 04/07/2006)

April 7, 2006 PACER
58

MANDATE From USCA - The judgment of the district court is AFFIRMED 52 Notice of Appeal filed by Equal Employment Opportunity Commission (dl, ) (Entered: 01/03/2007)

Jan. 3, 2007 PACER

State / Territory: Oklahoma

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: May 27, 2004

Closing Date: Jan. 3, 2007

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

Burlington Northern Santa Fe Railway Company, 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)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Disparate Treatment

Discrimination-area:

Hiring

Discrimination-basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits