Case: EEOC v. UNITED PARCEL SERVICE, INC.

4:99-cv-00021 | U.S. District Court for the Eastern District of Tennessee

Filed Date: March 1, 1999

Closed Date: July 30, 2001

Clearinghouse coding complete

Case Summary

In March 1999, the Memphis Office of the EEOC brought this lawsuit against United Parcel Service, Inc., later joining the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers, Local Union No. 480 ("IBT"), in the U.S. District Court for the Eastern District of Tennessee. We do not have a copy of the complaint; therefore, the exact allegations involved are unknown. The charging party intervened in the suit in April 1999. The IBT was joined as a party in October 2000. Following a nearly one-year stay of the case pending a related Supreme Court decision, plaintiffs filed for summary judgment and dismissal of the case in May 2001. These motions were granted in July 2001, and the case was dismissed immediately after.

Summary Authors

David Friedman (10/3/2007)

Documents in the Clearinghouse

Document

4:99-cv-00021

Docket (PACER)

EEOC v. UPS

Feb. 5, 2004

Feb. 5, 2004

Docket

Resources

Docket

Last updated Aug. 11, 2022, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT; jury demand, Magistrate Judge Phillips designated (JGM) (Entered: 03/03/1999)

March 1, 1999

March 1, 1999

2

ATTORNEY APPEARANCE for defendant by William N Ozier, Michael S Moschel C/S (JGM) (Entered: 03/26/1999)

March 26, 1999

March 26, 1999

3

MOTION by plaintiff/Intervenor for leave to intervene as party pltf C/S (order submitted) (JGM) Modified on 04/14/1999 (Entered: 04/14/1999)

April 12, 1999

April 12, 1999

4

MEMORANDUM IN SUPPORT by plaintiff/intervenor of motion for leave to intervene as party pltf [3-1] C/S (JGM) Modified on 04/14/1999 (Entered: 04/14/1999)

April 12, 1999

April 12, 1999

5

WAIVER OF SERVICE issued 3/26/99 upon defendant UPS accepted by William N. Ozier (JGM) (Entered: 04/19/1999)

April 19, 1999

April 19, 1999

6

RESPONSE by plaintiff to motion to intervene as party pltf [3-1] C/S (JGM) (Entered: 04/19/1999)

April 19, 1999

April 19, 1999

7

ORDER by Honorable James H. Jarvis granting Mark T. TeVrucht's motion for leave to intervene as party pltf [3-1] (cc: all counsel) (DCC) (Entered: 04/28/1999)

April 28, 1999

April 28, 1999

NOTICE of availability of magistrate judge mailed to all counsel (JGM) (Entered: 05/18/1999)

May 18, 1999

May 18, 1999

NOTICE OF TRIAL before the Honorable Jame H. Jarvis Jury trial set for 9:00 5/24/00 (cc: all counsel) (ANB) (Entered: 05/20/1999)

May 20, 1999

May 20, 1999

9

JOINT MOTION by all parties to temporarily stay proceedings w/order submitted C/S (JGM) Modified on 06/03/1999 (Entered: 06/03/1999)

June 3, 1999

June 3, 1999

10

REPORT OF PARTIES' PLANNING MEETING (JGM) (Entered: 06/07/1999)

June 7, 1999

June 7, 1999

11

ORDER by Honorable James H. Jarvis granting joint motion to temporarily stay proceedings [9-1] , CASE STAYED pending Supreme Court issues its ruling in pending cases which may materially affect the outcome or paramenters of this case; the parties are directed to notify the court when the Supreme Court issues its ruling in these pending cases (cc: all counsel) (DCC) Modified on 06/10/1999 (Entered: 06/09/1999)

June 9, 1999

June 9, 1999

12

NOTICE OF SUBSTITUTION OF COUNSEL by defendant UPS substituting Waverly D Crenshaw, Jason D Fisher of Waller Lansden Dortch & Davis in place of William N Ozier, Davidson French and Michael S Moschel of Bass Berry & Sims C/S (CHP) (Entered: 05/03/2000)

May 2, 2000

May 2, 2000

13

JOINT MOTION to continue trial C/S (CHP) (Entered: 05/11/2000)

May 11, 2000

May 11, 2000

14

ORDER by Honorable James H. Jarvis granting joint motion to continue trial [13-1] (cc: all counsel) (ANB) (Entered: 05/18/2000)

May 18, 2000

May 18, 2000

15

REVISED SCHEDULING ORDER by Honorable James H. Jarvis ; Jury trial reset for 9:00 3/12/01 (cc: all counsel) (ANB) (Entered: 05/18/2000)

May 18, 2000

May 18, 2000

NOTICE OF JURY TRIAL before the Honorable James H. Jarvis reset for 3/12/01 at 9:00 a.m. (cc: all counsel) (ANB) (Entered: 05/18/2000)

May 18, 2000

May 18, 2000

16

MOTION by dft for atty Jason D Fisher to appear pro hac vice , w/certificate of good standing from M Dist of TN at Nashville C/S (application pending in our court) (Former Emp) (Entered: 06/06/2000)

June 5, 2000

June 5, 2000

ORDER (GRANTED IN MARGIN) by Honorable James H. Jarvis granting dft UPS' motion for atty Jason D Fisher to appear pro hac vice [16-1] (cc: all counsel) (ADA) (Entered: 06/13/2000)

June 13, 2000

June 13, 2000

17

ATTORNEY APPEARANCE for plaintiff by Lawrence R Kenyon II C/S (JGM) (Entered: 09/18/2000)

Sept. 18, 2000

Sept. 18, 2000

18

MOTION by plaintiff for joinder of International Brotherhood of Teamsters as a party deft w/cmp attched C/S (JGM) (Entered: 10/19/2000)

Oct. 18, 2000

Oct. 18, 2000

19

MEMORANDUM IN SUPPORT by plaintiff of motion for joinder of International Brotherhood of Teamsters as a party deft [18-1] C/S (JGM) (Entered: 10/19/2000)

Oct. 18, 2000

Oct. 18, 2000

20

ORDER by Honorable James H. Jarvis; granting pla's motion for joinder of International Brotherhood of Teamsters as a deft [18-1] (cc: all counsel) (DJE) (Entered: 10/30/2000)

Oct. 30, 2000

Oct. 30, 2000

22

MOTION by defendant UPS to amend schedling order in response to pltf's Motion for Joinder C/S (JGM) (Entered: 11/06/2000)

Nov. 1, 2000

Nov. 1, 2000

23

BRIEF by defendant UPS regarding Motion to Amend [22-1] C/S (JGM) (Entered: 11/06/2000)

Nov. 1, 2000

Nov. 1, 2000

24

AFFIDAVIT of Jason D. Fisher re Motion to Compel [22-1] C/S (JGM) (Entered: 11/06/2000)

Nov. 1, 2000

Nov. 1, 2000

25

RESPONSE by EEOC in opposition to motion to amend schedling order in response to pltf's Motion for Joinder [22-1] C/S (Former Emp) (Entered: 11/08/2000)

Nov. 8, 2000

Nov. 8, 2000

26

MEMORANDUM IN SUPPORT by EEOC of response in opposition to deft's motion to amend scheduling order [25-1] C/S (Former Emp) (Entered: 11/08/2000)

Nov. 8, 2000

Nov. 8, 2000

SUMMONS issued as to defendant - IBT and sent to US Marshals for Service (JGM) (Entered: 11/09/2000)

Nov. 9, 2000

Nov. 9, 2000

27

ORDER by Honorable James H. Jarvis granting dft's motion to amend scheduling order in response to pltf's Motion for Joinder [22-1] and this action is contiuned from its present trial date ; Jury trial canceled 3/12/01 (cc: all counsel) (DCC) (Entered: 11/16/2000)

Nov. 16, 2000

Nov. 16, 2000

NOTICE OF JURY TRIAL before Honorable James H. Jarvis ; Jury trial reset for 9:00 8/14/01 (cc: all counsel) (ANB) (Entered: 11/17/2000)

Nov. 17, 2000

Nov. 17, 2000

28

REVISED SCHEDULING ORDER by Honorable James H. Jarvis ; Jury trial reset for 9:00 8/14/01 (cc: all counsel) (ANB) (Entered: 11/17/2000)

Nov. 17, 2000

Nov. 17, 2000

29

RETURN OF SERVICE executed upon defendant IBT on 11/20/00 via cm w/ret recpt attach (DCC) (Entered: 11/24/2000)

Nov. 22, 2000

Nov. 22, 2000

30

ANSWER by defendant - IBT to amended complaint [21-1] C/S (JGM) (Entered: 02/27/2001)

Feb. 26, 2001

Feb. 26, 2001

31

AGREED PROTECTIVE ORDER by Honorable James H. Jarvis; more fully set out in this order (cc: all counsel) (DJE) (Entered: 04/06/2001)

April 6, 2001

April 6, 2001

32

MOTION by defendant UPS for summary judgment C/S (JGM) (Entered: 05/14/2001)

May 11, 2001

May 11, 2001

33

MEMORANDUM IN SUPPORT by defendant UPS of motion for summary judgment [32-1] C/S (JGM) (Entered: 05/14/2001)

May 11, 2001

May 11, 2001

34

APPENDIX by defendant UPS re motion for summary judgment [32-1] C/S (JGM) (Entered: 05/14/2001)

May 11, 2001

May 11, 2001

35

MOTION by defendant - IBT to dismiss or in the alternative for summary judgment ; w/ exhibit A attached C/S (DJE) (Entered: 05/17/2001)

May 15, 2001

May 15, 2001

36

MEMORANDUM IN SUPPORT by defendant - IBT of their motion to dismiss [35-1] and of motion for summary judgment [35-2] C/S (DJE) (Entered: 05/17/2001)

May 15, 2001

May 15, 2001

37

MOTION by plaintiff, interpleader for leave to modify Rule 16(b) Scheduling Order C/S (JGM) Modified on 05/18/2001 (Entered: 05/18/2001)

May 15, 2001

May 15, 2001

38

MEMORANDUM IN SUPPORT by plaintiff, interpleader of motion for leave to modify Rule 16(b) Scheduling Order [37-1] C/S (JGM) (Entered: 05/18/2001)

May 15, 2001

May 15, 2001

40

RESPONSE by plaintiff, interpleader to [37-1] C/S (JGM) (Entered: 05/30/2001)

May 22, 2001

May 22, 2001

39

ORDER by Honorable James H. Jarvis granting joint motion for leave to modify Rule 16(b) Scheduling Order [37-1]; the deadline for pla's expert witness disclosure is extended to 6/15/01 (cc: counsel) (DCC) (Entered: 05/23/2001)

May 23, 2001

May 23, 2001

41

MOTION by plaintiff EEOC to extend time to respond to Motion for Summary Judgment up to and including 6/15/01 C/S (JGM) (Entered: 05/30/2001)

May 24, 2001

May 24, 2001

42

RETURN OF SERVICE of subpoena by plaintiff EEOC of Wendell Norton on 5/29/01; via hand delivery; docs attached (DJE) (Entered: 06/04/2001)

June 4, 2001

June 4, 2001

43

ORDER by Honorable James H. Jarvis; granting pla's motion to extend time to respond to Motion for Summary Judgment up to and including 6/15/01 [41-1] (cc: all counsel) (DJE) (Entered: 06/04/2001)

June 4, 2001

June 4, 2001

44

MOTION by defendant UPS to extend time to file reply brief and... (JGM) (Entered: 06/06/2001)

June 4, 2001

June 4, 2001

44

...MEMORANDUM IN SUPPORT by defendant UPS of motion to extend time to file reply brief [44-1] C/S (JGM) (Entered: 06/06/2001)

June 4, 2001

June 4, 2001

45

RESPONSE by plaintiff EEOC to motion for summary judgment [35-2], to motion for summary judgment [32-1] C/S (JGM) (Entered: 06/06/2001)

June 5, 2001

June 5, 2001

46

EXHIBITS (1-14 attched) by plaintiff EEOC re motion response [45-1]; Exhibit 2 is copy, will be submitting original C/S (JGM) (Entered: 06/06/2001)

June 5, 2001

June 5, 2001

47

MEMORANDUM IN SUPPORT OF ITS OPPOSITION by plaintiff EEOC of motion response [45-1] C/S (JGM) (Entered: 06/06/2001)

June 5, 2001

June 5, 2001

48

RESPONSE by interpleader Mark T TeVrucht to motion for summary judgment [35-2], to motion for summary judgment [32-1] C/S (JGM) (Entered: 06/08/2001)

June 5, 2001

June 5, 2001

49

MEMORANDUM IN SUPPORT by interpleader Mark T TeVrucht of motion response [48-1] C/S (JGM) (Entered: 06/08/2001)

June 5, 2001

June 5, 2001

50

RESPONSE by plaintiff to motion to dismiss [35-1], to motion for summary judgment [35-2] C/S (JGM) Modified on 06/08/2001 (Entered: 06/08/2001)

June 6, 2001

June 6, 2001

51

MEMORANDUM IN SUPPORT by plaintiff of motion response [50-1] C/S (JGM) (Entered: 06/08/2001)

June 6, 2001

June 6, 2001

52

EXHIBITS by plaintiff re motion response [50-1] w/attchs C/S (JGM) (Entered: 06/08/2001)

June 6, 2001

June 6, 2001

53

AFFIDAVIT of Dr William J Sanders re [50-1] C/S (CHP) (Entered: 06/11/2001)

June 11, 2001

June 11, 2001

54

ORDER by Honorable James H. Jarvis; granting deft's motion to extend time to file reply brief [44-1] (cc: all counsel) (DJE) (Entered: 06/14/2001)

June 14, 2001

June 14, 2001

56

REPLY by plaintiff EEOC to response to motion for summary judgment [32-1] C/S (DJH) (Entered: 06/15/2001)

June 15, 2001

June 15, 2001

57

MOTION by plaintiff EEOC to strike reply brief to pltf's response to Teamsters Local 480's Motion to dismiss and in the alternative for summary judgment C/S (JGM) (Entered: 06/19/2001)

June 18, 2001

June 18, 2001

58

MOTION by plaintiff EEOC to strike UPS's reply brief to EEOC's Response to UPS's Motion for Summary Judgment C/S (JGM) (Entered: 06/22/2001)

June 21, 2001

June 21, 2001

59

RESPONSE by defendant - IBT to pla's motion to strike reply brief to pltf's response to Teamsters Local 480's Motion to dismiss and in the alternative for summary judgment [57-1] C/S (DJE) (Entered: 06/25/2001)

June 25, 2001

June 25, 2001

60

RESPONSE by defendant UPS to motion to strike UPS's reply brief to EEOC's Response to UPS's Motion for Summary Judgment [58-1] C/S (JGM) (Entered: 06/27/2001)

June 26, 2001

June 26, 2001

61

RETURN OF SERVICE by plaintiff of deposition subpoena served on Dr. John Anderson by US Marshal Service on 4/6/01 (JGM) (Entered: 07/03/2001)

June 28, 2001

June 28, 2001

62

RETURN OF SERVICE by plaintiff of deposition subpoena served on Wayne Scales, Business Manager, UPS, on 4/6/01 by US Marshal Service (JGM) (Entered: 07/03/2001)

June 28, 2001

June 28, 2001

63

RETURN OF SERVICE UNEXECUTED by plaintiff of deposition subpoena served on Linda McConville, Occupational Health Manager on 3/28/01 by US Marshal Service (JGM) (Entered: 07/03/2001)

June 28, 2001

June 28, 2001

64

RETURN OF SERVICE UNEXECUTED by plaintiff of deposition subpoena served on John Rooks on 3/28/01 by US Marshal Service (JGM) (Entered: 07/03/2001)

June 28, 2001

June 28, 2001

65

RETURN OF SERVICE by plaintiff of deposition subpoena served on Rick Stone, Human Resource Manager, UPS, on 3/26/01 by US Marshal Service (JGM) (Entered: 07/03/2001)

June 28, 2001

June 28, 2001

66

PRETRIAL DISCLOSURES by defendant UPS C/S (JGM) (Entered: 07/13/2001)

July 12, 2001

July 12, 2001

67

PRETRIAL DISCLOSURES submitted by defendant - IBT C/S (DJE) (Entered: 07/16/2001)

July 16, 2001

July 16, 2001

REMARK: file sent to Winchester w/ closing order (DJE) (Entered: 07/25/2001)

July 25, 2001

July 25, 2001

70

WITNESS LIST submitted by plaintiff EEOC, interpleader Mark T TeVrucht C/S (JGM) (Entered: 08/03/2001)

July 27, 2001

July 27, 2001

68

MEMORANDUM OPINION by Honorable James H. Jarvis (cc: all counsel) (JGM) (Entered: 07/30/2001)

July 30, 2001

July 30, 2001

72

DESIGNATION OF PORTIONS OF LINDA MCCONVILLE DEPOSITION to be read a trial by plaintiff, interpleader C/S (JGM) (Entered: 08/03/2001)

July 30, 2001

July 30, 2001

73

FINAL EXHIBIT LIST by plaintiff, interpleader C/S (JGM) (Entered: 08/03/2001)

July 30, 2001

July 30, 2001

74

DESIGNATION OF PORTIONS OF SUSAN PELCHAT'S DEPOSITION to be read at trial by plaintiff, interpleader C/S (JGM) (Entered: 08/03/2001)

July 30, 2001

July 30, 2001

71

DESIGNATION OF DEPOSITIONS by defendant UPS C/S (JGM) (Entered: 08/03/2001)

July 31, 2001

July 31, 2001

75

RETURN OF SERVICE UNEXECUTED of subpoena served on Dr. John A. Anderson via US Marshals Service (JGM) (Entered: 08/16/2001)

Aug. 8, 2001

Aug. 8, 2001

76

RETURN OF SERVICE UNEXECUTED of subpoena served on Wayne Scales via US Marshals Service (JGM) (Entered: 08/16/2001)

Aug. 8, 2001

Aug. 8, 2001

77

RETURN OF SERVICE UNEXECUTED of subpoena served on Wendell Norton via US Marshals Service (JGM) (Entered: 08/16/2001)

Aug. 8, 2001

Aug. 8, 2001

78

RETURN OF SERVICE UNEXECUTED of subpoena served on Dr. William J. Sanders via US Marshals Service (JGM) (Entered: 08/16/2001)

Aug. 8, 2001

Aug. 8, 2001

79

RETURN OF SERVICE UNEXECUTED of subpoena served on Mark TeVrucht via US Marshals Service (JGM) (Entered: 08/16/2001)

Aug. 8, 2001

Aug. 8, 2001

80

BILL OF COSTS submitted by defendant UPS ; Bill of costs ddl set for 9/27/01; letter sent (cc: all counsel) (JGM) (Entered: 08/31/2001)

Aug. 28, 2001

Aug. 28, 2001

81

OBJECTIONS by plaintiff to Bill of Costs [80-1] C/S (JGM) (Entered: 10/02/2001)

Sept. 26, 2001

Sept. 26, 2001

REMARK, file sent to Winchester to hold until it is requested for ruling on bill of cost (DJE) (Entered: 10/11/2001)

Oct. 11, 2001

Oct. 11, 2001

82

FINDINGS OF THE CLERK; court reporter fees in the amt of $1,300.60 are DISALLOWED - Court Reporter Fees in the amt of $700.00 are ALLOWED; Copying costs in the amt of $137.90 are DISALLOWED - copying costs in the amt of $127.50 are ALLOWEDi; total cost in the amt of $827.50 are taxed against pltf in favor of defts (all counsel) (JGM) (Entered: 01/13/2003)

Jan. 8, 2003

Jan. 8, 2003

83

ORDER by Honorable James H. Jarvis finding the stay motion CASE STAYED pending Supreme Court issues its ruling in pending cases [11-2] DISSOLVED. (cc: all counsel) (JGM) (Entered: 02/05/2004)

Feb. 5, 2004

Feb. 5, 2004

Case Details

State / Territory: Tennessee

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: March 1, 1999

Closing Date: July 30, 2001

Case Ongoing: No

Plaintiffs

Plaintiff Description:

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

Plaintiff Type(s):

Private Plaintiff

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Unknown

Class Action Outcome: Unknown

Defendants

International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers, Private Entity/Person

nternational Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers, Local Union No. 480, Private Entity/Person

United Parcel Service, Inc., Private Entity/Person

Case Details

Availably Documents:

Trial Court Docket

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Disparate Treatment

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit