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


Judge(s)

Ramirez, Irma C. (Texas)

Judge(s)

Ramirez, Irma C. (Texas)

Documents in the Clearinghouse

Document

USCA Docket [PACER]

EEOC v. AMPCO System Parking

U. S. Court of Appeals for the Fifth Circuit

March 31, 2000 Docket

Docket [PACER]

EEOC v. AMPCO System Parking

April 7, 2000 Docket
50

Order Dismissing Plaintiff-Intervenor's Claims with Prejudice

EEOC v. AMPCO System Parking

Nov. 4, 1998 Order/Opinion
60

Order [Regarding Summary Judgment]

EEOC v. AMPCO System Parking

Jan. 4, 1999 Order/Opinion

Docket

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

ECF Number Description Date Link

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

Oct. 20, 1997
1

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

Oct. 20, 1997

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

Oct. 20, 1997
2

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)

Dec. 30, 1997
3

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

Jan. 29, 1998
4

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

Feb. 25, 1998

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

Feb. 25, 1998
5

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)

Feb. 27, 1998
6

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

March 6, 1998
6

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

March 6, 1998
7

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

March 9, 1998
7

Designation of Expert Witness by defendant Ampco System Parking. (fe) (Entered: 03/10/1998)

March 9, 1998
7

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

March 9, 1998
8

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

March 19, 1998
9

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

March 24, 1998
10

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

March 30, 1998
11

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

April 3, 1998
12

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

April 3, 1998
13

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)

April 6, 1998

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

April 10, 1998
15

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)

April 14, 1998

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

April 14, 1998

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

April 14, 1998
16

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)

April 15, 1998
17

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)

April 15, 1998
18

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

April 15, 1998
19

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

April 22, 1998
20

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)

April 23, 1998
21

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)

May 5, 1998

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

May 5, 1998
22

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)

May 5, 1998
23

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

May 8, 1998
24

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

May 13, 1998
25

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

June 15, 1998
26

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

June 26, 1998
27

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)

July 20, 1998
29

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

July 30, 1998
30

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)

Aug. 6, 1998
31

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

Aug. 12, 1998
32

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

Aug. 12, 1998
33

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

Aug. 14, 1998
34

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)

Aug. 21, 1998
35

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)

Aug. 24, 1998
36

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

Aug. 25, 1998
37

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)

Aug. 25, 1998
38

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)

Aug. 26, 1998
39

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

Sept. 2, 1998
40

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

Sept. 14, 1998
41

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

Sept. 14, 1998
42

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

Sept. 14, 1998
43

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

Sept. 23, 1998
44

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

Oct. 1, 1998
45

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

Oct. 2, 1998
46

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

Oct. 6, 1998
47

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)

Oct. 7, 1998
48

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

Oct. 7, 1998
49

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

Oct. 30, 1998
50

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)

Nov. 4, 1998
51

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)

Nov. 5, 1998
52

Motion by plaintiff EEOC to Strike Defendant's Motion for Summary Judgment . (fe) (Entered: 11/16/1998)

Nov. 16, 1998
52

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)

Nov. 16, 1998
53

Response by defendant Ampco System Parking to plaintiff's Motion to Strike Defendant's Motion for Summary Judgment [52-1] (fe) (Entered: 11/23/1998)

Nov. 23, 1998
53

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)

Nov. 23, 1998
54

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)

Nov. 30, 1998
55

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)

Nov. 30, 1998
56

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)

Nov. 30, 1998
57

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

Dec. 3, 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)

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)

Dec. 15, 1998
58

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)

Dec. 16, 1998

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

Dec. 16, 1998

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

Dec. 16, 1998
59

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)

Jan. 4, 1999
60

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)

Jan. 11, 1999
61

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)

Jan. 14, 1999
62

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)

Jan. 27, 1999
63

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)

Feb. 3, 1999
64

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)

Feb. 10, 1999
65

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)

March 2, 1999

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

March 2, 1999

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

April 30, 1999
67

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)

May 6, 1999

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

May 10, 1999
68

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

May 14, 1999

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

May 17, 1999

Letter of transmittal from USCA: appeal [66-1] #99-50451 acknowledging receipt of the record on 5/19/99. (fe) (Entered: 05/26/1999)

May 26, 1999
69

Corrected pages of transcript filed appeal [66-1] for dates of 12/5/99 (fe) (Entered: 06/02/1999)

June 1, 1999

Transmitted supplemental record on appeal: appeal [66-1] #99-50451 (transcript of corrected pages to motions hearing held 12/5/99) (fe) (Entered: 06/10/1999)

June 10, 1999
70

Certified copy of judgment (order) of USCA dismissing appeal [66-1] #99-50451 without prejudice (upon appellant's motion) to the right of either party to reinstate the appeal . . . Filed in NOLA 10/6/99, Filed in USDC, dkt'd & noticed 10/12/99. (fe) (Entered: 10/12/1999)

Oct. 12, 1999

The record on appeal #99-50451 was not returned upon receipt of the dismissal on 10/12/99. (fe) (Entered: 10/12/1999)

Oct. 12, 1999

Record on appeal returned from U.S. Court of Appeal : #99-50451 (fe) (Entered: 11/30/1999)

Nov. 30, 1999

Fifth Circuit Clerk's memorandum to all counsel stating that appellant's motion for an extension until 4/24/00 within which to reinstate the appeal is granted. (fe) (Entered: 04/07/2000)

April 7, 2000

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

Ampco System Parking, Inc., Private Entity/Person

Ampco Austin Parking, J.V., Private Entity/Person

Ampco System Parking, 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

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

Private Party intervened in EEOC suit