Case: EEOC v. AMPCO SYSTEM PARKING

1:97-cv-00766 | U.S. District Court for the Western District of Texas

Filed Date: Oct. 20, 1997

Closed Date: Oct. 12, 1999

Clearinghouse coding complete

Case Summary

In October 1997, the San Antonio District Office of the EEOC brought this suit against Ampco System Parking, Inc. and related businesses in the U.S. District Court for the Western District of Texas. We do not have a copy of the complaint; therefore, the exact allegations involved are unknown. According to the Court's order on the defendant's motion summary judgment, the complaint alleged that the defendant discriminated against the charging party, an applicant with a speech impediment, when i…

In October 1997, the San Antonio District Office of the EEOC brought this suit against Ampco System Parking, Inc. and related businesses in the U.S. District Court for the Western District of Texas. We do not have a copy of the complaint; therefore, the exact allegations involved are unknown. According to the Court's order on the defendant's motion summary judgment, the complaint alleged that the defendant discriminated against the charging party, an applicant with a speech impediment, when it failed to hire her because of her disability in violation of the Americans with Disabilities Act of 1990. The defendant filed a motion for partial summary judgment in June 1998 which was granted in part and denied in part in July 1998. After which, the trustee for the charging party's estate intervened in the suit. The parties then appeared to have reached a tentative agreement in October 1998; however, a final agreement never did materialize. The charging party's trustee was voluntarily dismissed from the case in early November 1998. The defendant then filed a motion for summary judgment against the EEOC which was granted on March 1999, dismissing the case. The EEOC filed a notice of appeal in April 1999; however, the appeal was dismissed several months later in October.

Summary Authors

Michele Marxkors (7/31/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/10582125/parties/eeoc-v-ampco-system-parking/


Judge(s)

Ramirez, Irma C. (Texas)

Attorney for Plaintiff

Biggs, Susan B. (Texas)

Harwin, Robert B. (Texas)

Attorney for Defendant

O'Hanlon, Kevin Thomas (Texas)

Documents in the Clearinghouse

Documents in this case

99-50451

USCA Docket [PACER]

EEOC v. AMPCO System Parking

U.S. Court of Appeals for the Fifth Circuit

March 31, 2000

March 31, 2000

Docket

1:97-cv-00766

Docket [PACER]

EEOC v. AMPCO System Parking

April 7, 2000

April 7, 2000

Docket
50

1:97-cv-00766

Order Dismissing Plaintiff-Intervenor's Claims with Prejudice

EEOC v. AMPCO System Parking

Nov. 4, 1998

Nov. 4, 1998

Order/Opinion
60

1:97-cv-00766

Order [Regarding Summary Judgment]

EEOC v. AMPCO System Parking

Jan. 4, 1999

Jan. 4, 1999

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/10582125/eeoc-v-ampco-system-parking/

Last updated Nov. 4, 2026, 4:14 p.m.

Docket for: EEOC v. Ampco System Parking
ECF Number Date Description Link
1 Oct. 20, 1997

Complaint filed. (Pages: 6) (fe) (Entered: 10/21/1997)

RECAP
Oct. 20, 1997

Case assigned to Honorable Sam Sparks. (fe) (Entered: 10/21/1997)

PACER
Oct. 20, 1997

Court file prepared and sent to Judge Sparks. (fe) (Entered: 10/21/1997)

PACER
Oct. 20, 1997

Case assigned to Honorable Sam Sparks. (fe)

Oct. 20, 1997

Court file prepared and sent to Judge Sparks. (fe)

2 Dec. 30, 1997

Waiver of Service by Ampco System Parking; Notice and Request Mailed on 10/22/97; Answer due on 12/22/97 for Ampco System Parking. (fe) (Entered: 12/30/1997)

RECAP
3 Jan. 29, 1998

Original Answer by defendant Ampco System Parking. (fe) (Entered: 01/29/1998)

RECAP
4 Feb. 25, 1998

Notice of filing Joint Proposed Scheduling Order by EEOC, and Ampco System Parking. (fe) (Entered: 02/25/1998)

RECAP
Feb. 25, 1998

RECEIVED -- Joint Proposed Scheduling Order. (fe) (Entered: 02/25/1998)

PACER
Feb. 25, 1998

RECEIVED -- Joint Proposed Scheduling Order. (fe)

5 Feb. 27, 1998

Scheduling order setting Joining of parties, amending of pleadings on 4/10/98; Deadline for filing of all motions 6/12/98; Discovery cutoff 5/29/98; Pretrial order to be submitted on or before 8/21/98; Docket Call set for 11:00 on 8/28/98; Alternate Dispute Resolution Report due by 4/3/98. -- (MAILED on 2/27/98) (fe) (Entered: 02/27/1998)

RECAP
6 March 6, 1998

Exhibit List by plaintiff EEOC. (fe) (Entered: 03/06/1998)

RECAP
7 March 9, 1998

Exhibit List by defendant Ampco System Parking. (fe) (Entered: 03/10/1998)

RECAP
8 March 19, 1998

Motion by EEOC to strike expert witness (td) (Entered: 03/19/1998)

RECAP
9 March 24, 1998

Response by defendant Ampco System Parking to Plaintiff's Motion to Strike Expert Witness [8-1]. (fe) (Entered: 03/24/1998)

RECAP
10 March 30, 1998

Designation of Rebuttal Expert witnesses by plaintiff EEOC. (fe) (Entered: 03/30/1998)

RECAP
11 April 3, 1998

Alternate Dispute Resolution Report filed by EEOC; Parties do not agree to Alternate Dispute Resolution . (fe) (Entered: 04/03/1998)

RECAP
12 April 3, 1998

Consent to trial by Magistrate by plaintiff EEOC, and defendant Ampco System Parking. (fe) (Entered: 04/03/1998)

RECAP
13 April 6, 1998

Order denying plaintiff's Motion to strike expert witness [8-1]. The defendant shall within 5 days of the date of this order make such disclosure, including a complete summary of the purported expert's proposed testimony, and thereafter, the EEOC shall have 30 days to designate its expert witness in rebuttal to any disclosure by the defendant. -- (MAILED on 4/6/98) (fe) (Entered: 04/06/1998)

RECAP
14 April 10, 1998

Motion by plaintiff EEOC for Leave to File Amended Complaint and Joinder . (fe) (Entered: 04/10/1998)

RECAP
April 10, 1998

RECEIVED -- First Amended Complaint. (fe) (Entered: 04/10/1998)

PACER
April 10, 1998

RECEIVED -- First Amended Complaint. (fe)

15 April 14, 1998

Order - that this cause is REASSIGNED to the docket of the U.S. Magistrate Judge for all purposes. -- (MAILED on 4/14/98) (fe) (Entered: 04/14/1998)

RECAP
April 14, 1998

Case reassigned from Honorable Sam Sparks to Honorable Alan D Albright. (fe) (Entered: 04/14/1998)

PACER
April 14, 1998

Court file received from Judge Sparks and forwarded to Judge Albright. (fe) (Entered: 04/14/1998)

PACER
April 14, 1998

Case reassigned from Honorable Sam Sparks to Honorable Alan D Albright. (fe)

April 14, 1998

Court file received from Judge Sparks and forwarded to Judge Albright. (fe)

16 April 15, 1998

Order - that the parties confer with each other and inform the Court, no later than 4/30/98, whether they are satisfied with the current scheduling order. If the parties wish to enter a new scheduling order, they must do so on or before 4/30/98. -- (MAILED on 4/15/98) (fe) (Entered: 04/15/1998)

RECAP
17 April 15, 1998

Order granting plaintiff's Motion for Leave to File Amended Complaint and Joinder [14-1]. -- (MAILED on 4/15/98) (fe) (Entered: 04/15/1998)

RECAP
18 April 15, 1998

First Amended Complaint by EEOC, amending complaint [1-1]. (Pages: 12) (fe) (Entered: 04/15/1998)

RECAP
19 April 22, 1998

Order setting status conference for 1:30 on 5/19/98 . -- (MAILED on 4/22/98) (fe) (Entered: 04/22/1998)

RECAP
20 April 23, 1998

Order cancelling deadline - It is hereby ORDERED that this Court's order of April 22, 1998, setting this case for status conference is hereby WITHDRAWN and HELD FOR NAUGHT. -- (MAILED on 4/24/98) (fe) (Entered: 04/24/1998)

RECAP
21 May 5, 1998

Order setting status conference for 9:30 on 9/18/98 ; setting Jury selection and trial for 9:00 on 9/21/98 . -- (MAILED on 5/5/98) (fe) (Entered: 05/05/1998)

RECAP
22 May 5, 1998

Order cancelling deadline - The Magistrate Court hereby ORDERS the docket call set for 8/28/98 CANCELED. -- (MAILED on 5/5/98) (fe) (Entered: 05/05/1998)

RECAP
May 5, 1998

Jury selection set at 9:00 on 9/21/98. (fe) (Entered: 05/05/1998)

PACER
May 5, 1998

Jury selection set at 9:00 on 9/21/98. (fe)

23 May 8, 1998

Order on Courtroom Decorum and Trial Procedures. (Mailed 5/8/98.) (mc2) (Entered: 05/08/1998)

RECAP
24 May 13, 1998

Supplemental Designation of Rebuttal Expert Witness filed by plaintiff EEOC. (fe) (Entered: 05/13/1998)

RECAP
25 June 15, 1998

Motion by defendant Ampco System Parking for Partial Summary Judgment . (fe) (Entered: 06/15/1998)

RECAP
26 June 26, 1998

Response by plaintiff EEOC to defendant's Motion for Partial Summary Judgment [25-1] (fe) (Entered: 06/26/1998)

RECAP
27 July 20, 1998

Reply by Defendant Ampco System Parking to response to motion for Partial Summary Judgment [25-1] and Alternative Motion to Dismiss Damage Claims for Lack of Subject Matter Jurisdiction. (fe) (Entered: 07/20/1998)

RECAP
28 July 20, 1998

Order granting in part, denying in part defendant's Motion for Partial Summary Judgment on Damages [25-1]. -- (MAILED on 7/20/98) (fe) (Entered: 07/20/1998)

RECAP
29 July 30, 1998

Motion by plaintiff EEOC for Clarification and Reconsideration of Court's July 20, 1998 Order . (fe) (Entered: 07/30/1998)

RECAP
30 Aug. 6, 1998

Order denying plaintiff's Motion for Clarification and Reconsideration of Court's July 20, 1998 Order [29-1]. -- (MAILED on 8/7/98) (fe) (Entered: 08/07/1998)

RECAP
31 Aug. 12, 1998

Intervenor's complaint by Marsha G. Kocurek against Ampco System Parking and AMPCO Austin Parking J.V. (Pages: 6) (fe) (Entered: 08/13/1998)

RECAP
32 Aug. 12, 1998

Motion by Marsha G. Kocurek to reinstate claims for monetary relief, including compensatory damages (fe) (Entered: 08/13/1998)

RECAP
33 Aug. 14, 1998

Order granting motion to reinstate claims for monetary relief, including compensatory damages [32-1]. (Mailed 8/14/98.) (mc2) (Entered: 08/14/1998)

RECAP
34 Aug. 21, 1998

Waiver of Service by Ampco System Parking ; Notice and Request Mailed on 8/13/98; Answer due on 10/13/98 for Ampco System Parking. (fe) (Entered: 08/21/1998)

RECAP
35 Aug. 24, 1998

Motion by plaintiff EEOC for Pre-Trial Conference, and for Order Directing Parties to Participate in Non-Binding Alternative Dispute Resolution Proceeding . (fe) (Entered: 08/24/1998)

RECAP
36 Aug. 25, 1998

Motion by plaintiff EEOC for Expedited Hearing on its Motion for Pre-Trial Conference. . . (fe) (Entered: 08/25/1998)

RECAP
37 Aug. 25, 1998

Order denying plaintiff's Motion for Expedited Hearing on its Motion for Pre-Trial Conference. . . [36-1], denying plaintiff's Motion for Pre-Trial Conference [35-1], and denying plaintiff's Motion for Order Directing Parties to Participate in Non-Binding Alternative Dispute Resolution Proceeding [35-2]. -- (MAILED on 8/25/98) (fe) (Entered: 08/25/1998)

RECAP
38 Aug. 26, 1998

Response by defendant Ampco System Parking in opposition to plaintiff's Motion for Pre-Trial Conference [35-1], motion for Order Directing Parties to Participate in Non-Binding Alternative Dispute Resolution Proceeding [35-2]. (fe) (Entered: 08/26/1998)

RECAP
39 Sept. 2, 1998

Answer by defendant Ampco System Parking to Complaint in Intervention. (fe) (Entered: 09/02/1998)

RECAP
40 Sept. 14, 1998

Motion by trustee Marsha G. Kocurek for Continuance of the trial date . (fe) (Entered: 09/15/1998)

RECAP
41 Sept. 14, 1998

Order granting motion for Continuance of the trial date [40-1]. (Mailed 9/16/98.) (mc2) (Entered: 09/16/1998)

RECAP
42 Sept. 14, 1998

Order abating all deadlines until further notice. (Mailed 9/16/98.) (mc2) (Entered: 09/16/1998)

RECAP
43 Sept. 23, 1998

Motion by defendant Ampco System Parking to Strike EEOC's Jury Demand . (fe) (Entered: 09/23/1998)

RECAP
44 Oct. 1, 1998

Request by defendant Ampco System Parking for Pre-Trial Conference and Trial Setting on Non-Jury Docket . (fe) (Entered: 10/01/1998)

RECAP
45 Oct. 2, 1998

Response by plaintiff EEOC to defendant's Motion to Strike EEOC's Jury Demand [43-1] (fe) (Entered: 10/02/1998)

RECAP
46 Oct. 6, 1998

Order denying defendant's motion to Strike EEOC's Jury Demand [43-1] (mailed 10/6/98) (fe) (Entered: 10/06/1998)

RECAP
47 Oct. 7, 1998

Order denying as moot defendants' Notice of Approval of Settlement and Request for Pre-Trial Conference and Trial Setting on Non-Jury Docket [44-1]. -- (MAILED on 10/7/98) (fe) (Entered: 10/07/1998)

RECAP
48 Oct. 7, 1998

Reply by Ampco System Parking to EEOC's Opposition to Motion to Strike EEOC's Jury Demand [43-1] (fe) (Entered: 10/07/1998)

RECAP
49 Oct. 30, 1998

Motion by defendant Ampco System Parking, and trustee Marsha G. Kocurek to Dismiss Claims of Plaintiff-Intervenor . (fe) (Entered: 10/30/1998)

RECAP
50 Nov. 4, 1998

Order granting the Motion to Dismiss Claims of Plaintiff-Intervenor [49-1]. All claims asserted by the plaintiff-intervenor against defendant are hereby dismissed with prejudice. This order does not affect any claims for injunctive or declaratory relief asserted by the plaintiff EEOC against defendant. (fe) (Entered: 11/05/1998)

RECAP
51 Nov. 5, 1998

Motion by defendant Ampco System Parking for Summary Judgment, Rule 56 EEOC's Claims for Declaratory and/or Injunctive Relief . (fe) (Entered: 11/05/1998)

RECAP
52 Nov. 16, 1998

Response by plaintiff EEOC to defendant's Motion for Summary Judgment, Rule 56 EEOC's Claims for Declaratory and/or Injunctive Relief [51-1] (fe) (Entered: 11/16/1998)

RECAP
53 Nov. 23, 1998

Reply by Ampco System Parking to response to motion for Summary Judgment, Rule 56 EEOC's Claims for Declaratory and/or Injunctive Relief [51-1] (fe) Modified on 04/30/1999 (Entered: 11/23/1998)

RECAP
54 Nov. 30, 1998

Supplemental Response by plaintiff EEOC to defendant's Motion for Summary Judgment, Rule 56 EEOC's Claims for Declaratory and/or Injunctive Relief [51-1] (fe) Modified on 04/30/1999 (Entered: 11/30/1998)

RECAP
55 Nov. 30, 1998

Reply by plaintiff EEOC to defendant's Response to motion to Strike Defendant's Motion for Summary Judgment [52-1] (fe) Modified on 04/30/1999 (Entered: 11/30/1998)

RECAP
56 Nov. 30, 1998

Order - Hearing on all pending matters: Motion for Summary Judgment, Rule 56 EEOC's Claims for Declaratory and/or Injunctive Relief [51-1]; and Motion to Strike Defendant's Motion for Summary Judgment [52-1], set for 9:30 on 12/15/98 . (fe) Modified on 04/30/1999 (Entered: 12/01/1998)

RECAP
57 Dec. 3, 1998

Request by plaintiff EEOC for Trial Setting . (fe) Modified on 04/30/1999 (Entered: 12/03/1998)

RECAP
Dec. 15, 1998

Motion hearing held for the following motions: Defendant's Motion for Summary Judgment... [51-1], Plaintiff's Motion to Strike... [52-1], and Plaintiff's Request for Trial Setting [57-1]. Parties announced ready. Statements and arguments of counsel heard. Written order forthcoming. (fe) Modified on 04/30/1999 (Entered: 12/15/1998)

PACER
Dec. 15, 1998

Oral order denying plaintiff's Motion to Strike Defendant's Motion for Summary Judgment [52-1] . (fe) Modified on 04/30/1999 (Entered: 12/15/1998)

PACER
Dec. 15, 1998

Motion hearing held for the following motions: Defendant's Motion for Summary Judgment... [51-1], Plaintiff's Motion to Strike... [52-1], and Plaintiff's Request for Trial Setting [57-1]. Parties announced ready. Statements and arguments of counsel heard. Written order forthcoming. (fe) Modified on 04/30/1999

Dec. 15, 1998

Oral order denying plaintiff's Motion to Strike Defendant's Motion for Summary Judgment [52-1] . (fe) Modified on 04/30/1999

58 Dec. 16, 1998

Order setting status conference for 9:30 on 1/22/99 ; setting Jury selection and trial for 9:00 on 1/25/99 . (fe) Modified on 04/30/1999 (Entered: 12/16/1998)

RECAP
Dec. 16, 1998

Jury selection set at 9:00 on 1/25/99. (fe) (Entered: 12/16/1998)

PACER
Dec. 16, 1998

Mooted: Motion for Trial Setting [57-1] (fe) Modified on 04/30/1999 (Entered: 12/17/1998)

PACER
Dec. 16, 1998

Jury selection set at 9:00 on 1/25/99. (fe)

Dec. 16, 1998

Mooted: Motion for Trial Setting [57-1] (fe) Modified on 04/30/1999

59 Jan. 4, 1999

Order granting motion for Summary Judgment, Rule 56 EEOC's Claims for Declaratory and/or Injunctive Relief [51-1] (fe) Modified on 04/30/1999 (Entered: 01/04/1999)

RECAP
60 Jan. 11, 1999

Order - the parties are ORDERED to file briefs within 30 days of this order clarifying the existence or participation of AMPCO Austin Parking J.V. in this case. (fe) Modified on 04/30/1999 (Entered: 01/12/1999)

RECAP
61 Jan. 14, 1999

Order - the deadlines set for the status conference, jury selection and jury trial set in this case are hereby CANCELLED. (fe) Modified on 04/30/1999 (Entered: 01/14/1999)

RECAP
62 Jan. 27, 1999

Defendant Ampco Austin Parking J.V.'s Motion Adopting Ampco System Parking, Inc.'s Motion for Summary Judgment, Rule 56 as to the EEOC's Claims for Declaratory and/or Injunctive Relief and All Responses, Replies, Authorities, Evidence, or Other Materials Filed by Ampco System Parking, Inc. for Purposes of Summary Judgment. (fe) Modified on 04/30/1999 (Entered: 01/27/1999)

RECAP
63 Feb. 3, 1999

Response by plaintiff EEOC to defendant Ampco Austin Parking J.V.'s Motion for Summary Judgment [51-1]. (fe) Modified on 04/30/1999 (Entered: 02/03/1999)

RECAP
64 Feb. 10, 1999

Plaintiff's Brief by EEOC Regarding Existence of Ampco Austin Parking J.V., in response to the order of 1/11/99 [60-1]. (fe) Modified on 04/30/1999 (Entered: 02/10/1999)

RECAP
65 March 2, 1999

Order - that defendant Austin Parking J.V.'s Motion for Summary Judgment is GRANTED for the reasons stated in this Court's January 4th Order granting summary judgment for Defendant AMPCO System Parking, Inc. All pending motions are DENIED. (fe) Modified on 04/30/1999 (Entered: 03/03/1999)

RECAP
March 2, 1999

Case closed. (fe) (Entered: 03/03/1999)

PACER
March 2, 1999

Case closed. (fe)

66 April 28, 1999

Notice of appeal by EEOC (fe) Modified on 04/30/1999 (Entered: 04/29/1999)

RECAP
April 30, 1999

Notice of appeal and certified copy of docket to USCA: appeal [66-1] (fe) Modified on 04/30/1999 (Entered: 04/30/1999)

PACER
April 30, 1999

Served copy of notice of appeal on Susan Biggs, Robert Harwin, Kevin O'Hanlon, and court. (fe) Modified on 04/30/1999 (Entered: 04/30/1999)

PACER
April 30, 1999

Notice of appeal and certified copy of docket to USCA: appeal [66-1] (fe) Modified on 04/30/1999

April 30, 1999

Served copy of notice of appeal on Susan Biggs, Robert Harwin, Kevin O'Hanlon, and court. (fe) Modified on 04/30/1999

67 May 6, 1999

Appeal Transcript requested by EEOC appeal [66-1] of motions hearing held 12/5/98 (fe) Modified on 05/17/1999 (Entered: 05/07/1999)

RECAP
May 10, 1999

Return of appeal information sheet received. appeal [66-1] USCA NUMBER: 99-50451 (fe) (Entered: 05/10/1999)

PACER
May 10, 1999

Return of appeal information sheet received. appeal [66-1] USCA NUMBER: 99-50451 (fe)

68 May 14, 1999

Transcript filed appeal [66-1] for dates of 12/5/98 Appeal record due on 6/1/99 (fe) (Entered: 05/17/1999)

RECAP
May 17, 1999

Certified and transmitted record on appeal to U.S. Court of Appeals: appeal [66-1] #99-50451 (fe) (Entered: 05/17/1999)

PACER
May 17, 1999

Certified and transmitted record on appeal to U.S. Court of Appeals: appeal [66-1] #99-50451 (fe)

Case Details

State / Territory:

Texas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Oct. 20, 1997

Closing Date: Oct. 12, 1999

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Private Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Unknown

Class Action Outcome: Unknown

Defendants

Private Entity/Person

Ampco Austin Parking, J.V.

Ampco System Parking, Inc.

Ampco System Parking, Inc.

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101 et seq.

Other Dockets:

Western District of Texas 1:97-cv-00766

U.S. Court of Appeals for the Fifth Circuit 99-50451

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

Discrimination Area:

Disparate Treatment

Hiring

Discrimination Basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit

Recommended Citation