Case: EEOC v. INT'L UNION, UNITED AUTOMOBILE, AEROSPACE, LOC.185

2:99-cv-72668 | U.S. District Court for the Eastern District of Michigan

Filed Date: May 26, 1999

Closed Date: Feb. 8, 2000

Clearinghouse coding complete

Case Summary

The Detroit office of the EEOC brought this suit against United Automobile, Aerospace and Agricultural Implement Workers of America (UAW) Local 985 in the U.S. District Court for the Eastern District of Michigan in May 1999. The complaint is unavailable, but court documents indicate that the complaint alleged retaliation for testifying on behalf of another in violation of the Americans with Disabilities Act. The case was consolidated with EEOC v. Perfection Steel, 2:99-cv-70011-PJD (E.D. Mich. Jan. 5, 1999) in June 1999. Both of the defendants filed for summary judgment in December 1999, and the motions were granted in February 2000.

Summary Authors

Kevin Wilemon (8/15/2008)

Related Cases

EEOC v. PERFECTION STEEL TREATING, INC., Eastern District of Michigan (1999)

Documents in the Clearinghouse

Document

2:99-cv-72668

Docket [PACER]

EEOC v. United Automobile, Aerospace and Agricultural Implement Workers of America (UAW) Local 985

May 24, 2000

May 24, 2000

Docket
27

2:99-cv-72668

2:99-cv-70011

Opinion [Granting Summary Judgment]

EEOC v. Perfection Steel Treating Inc., and International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW) Local 985

Feb. 9, 2000

Feb. 9, 2000

Order/Opinion

Resources

Docket

Last updated Aug. 5, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with jury demand - Receipt # USA (cm) (Entered: 01/06/1999)

Jan. 5, 1999

Jan. 5, 1999

2

ANSWER by defendant Perfection Steel to complaint [1-1] with proof of mailing (dp) (Entered: 01/28/1999)

Jan. 27, 1999

Jan. 27, 1999

2

AFFIRMATIVE defenses by defendant Perfection Steel (dp) (Entered: 01/28/1999)

Jan. 27, 1999

Jan. 27, 1999

3

NOTICE by Judge Patrick J. Duggan's chambers setting civil status conference for 2:00 on 2/10/99 with proof of mailing (dp) (Entered: 01/28/1999)

Jan. 27, 1999

Jan. 27, 1999

4

LETTER from Paul D. Kramer, attorney for defendant Perfection Steel, to Judge Duggan's court clerk, rescheduling civil status conference to 2:00 2/12/99 . (cf) (Entered: 02/11/1999)

Feb. 10, 1999

Feb. 10, 1999

STATUS conference held - Judge Patrick J. Duggan (mo) (Entered: 02/12/1999)

Feb. 12, 1999

Feb. 12, 1999

6

PRETRIAL scheduling order by Judge Patrick J. Duggan - setting deadline for witness list for 4/30/99 , setting deadline for discovery for 5/31/99 , setting deadline for filing motions for 6/15/99 , setting final pretrial conference for 2:00 8/18/99 , setting civil jury trial for 9/1/99 (kg) (Entered: 02/16/1999)

Feb. 12, 1999

Feb. 12, 1999

7

NOTICE by plaintiff EEOC of substitution of attorney Joseph A. Gammicchia in place of attorney Laura A. Brodeur for EEOC with proof of mailing (kg) (Entered: 03/31/1999)

March 30, 1999

March 30, 1999

8

PROOF of mailing by plaintiff EEOC of response to defendant's first interrogatories and request for production of documents to plaintiff (dp) (Entered: 04/12/1999)

April 9, 1999

April 9, 1999

9

PROOF of mailing by plaintiff EEOC of first interrogatories and request for production of documents to defendant (dp) (Entered: 04/12/1999)

April 9, 1999

April 9, 1999

10

PROOF of mailing by plaintiff EEOC of amended response to defendant's first interrogatories (dh) (Entered: 04/23/1999)

April 22, 1999

April 22, 1999

11

PROOF of mailing by plaintiff EEOC of second request for production of documents (dh) (Entered: 04/23/1999)

April 22, 1999

April 22, 1999

12

WITNESS list by plaintiff (LS) (Entered: 05/03/1999)

April 30, 1999

April 30, 1999

13

PROOF of mailing by plaintiff of second set of interrogatories and third request for documents (LS) (Entered: 05/03/1999)

April 30, 1999

April 30, 1999

14

PROOF of mailing by defendant of notice of continuation of deposition duces tecum (LS) (Entered: 05/03/1999)

April 30, 1999

April 30, 1999

15

WITNESS list by defendant with proof of mailing (LS) (Entered: 05/03/1999)

April 30, 1999

April 30, 1999

16

PROOF of mailing by plaintiff EEOC of plaintiff's witness list (nh) (Entered: 05/05/1999)

May 4, 1999

May 4, 1999

17

NOTICE by plaintiff EEOC of taking deposition of Lisa Johnson 5/18/99 at 1:30 p.m. , taking deposition of Sudhindra (Sammy) Samaddar 5/19/99 at 9:30 a.m. , taking deposition of Mark Mathena 5/24/99 at 9:30 a.m. , taking deposition of Hugh Murdock 5/24/99 at 1:30 p.m. , taking deposition of Herbert Reedus 5/27/99 at 9:30 a.m. , and taking deposition of Derrick Heard at a time and place to be determined with proof of mailing. (cf) (Entered: 05/13/1999)

May 12, 1999

May 12, 1999

18

PROOF of mailing of plaintiff's amended response to defendant's first interrogatories. (cf) (Entered: 05/13/1999)

May 12, 1999

May 12, 1999

19

PROOF of mailing by defendant Perfection Steel of second notice of continuation of deposition duces tecum (dp) (Entered: 05/17/1999)

May 14, 1999

May 14, 1999

20

SECOND NOTICE by plaintiff EEOC of taking deposition of Lisa Johnson 05/24/99 at 9:30am, Sudhindra (Sammy) Samaddar on 05/27/99 at 9:30am, Mark Mathena on 05/27/99 at 1:30pm, Hugh Murdock on 06/02/99 at 9:30am, Herbert Reedus on 06/02/99 at 1:30pm with proof of mailing (dh) Modified on 05/24/1999 (Entered: 05/24/1999)

May 19, 1999

May 19, 1999

22

PROOF of mailing of defendant's response to plaintiff's second request for production of documents (nh) (Entered: 06/01/1999)

May 28, 1999

May 28, 1999

PROOF of mailing by defendant Perfection Steel of response to third request for production of documents and response to second set of interrogatories (dp) (Entered: 06/10/1999)

June 9, 1999

June 9, 1999

24

LETTER by defendant Perfection Steel confirming extension of motion filing deadline from 6/15/99 to 8/1/99 (nh) (Entered: 06/23/1999)

June 22, 1999

June 22, 1999

25

STIPULATION by plaintiff EEOC and defendant Perfection Steel, to consolidate and extend dates for discovery, motions and final pretrial [EOD Date: 6/29/99] (nh) (Entered: 06/29/1999)

June 28, 1999

June 28, 1999

26

PROOF of mailing by plaintiff and defendant of stipulation to consolidate and extend dates for discovery, motions and final pretrial with proposed order (nh) (Entered: 06/29/1999)

June 28, 1999

June 28, 1999

27

AMENDED pretrial scheduling order by Judge Patrick J. Duggan - setting deadline for witness list for 9/30/99 , setting deadline for discovery for 10/31/99 , setting deadline for filing motions for 11/15/99 , setting final pretrial conference for 2:15 on 1/12/00 and setting civil jury trial for 2/1/00 ; with proof of mailing (dp) (Entered: 07/07/1999)

June 30, 1999

June 30, 1999

28

ORDER by Judge Patrick J. Duggan consolidating case with case 99-72668 for purposes of discovery time, motion cut-off date and final pretrial date [EOD Date 7/7/99] (dp) (Entered: 07/07/1999)

June 30, 1999

June 30, 1999

29

PROOF of service of plaintiff's amended response to defendants first request for production of documents. (cf) (Entered: 07/28/1999)

July 27, 1999

July 27, 1999

30

PROOF of mailing by plaintiff of notice of depositions (LS) (Entered: 09/15/1999)

Sept. 15, 1999

Sept. 15, 1999

31

WITNESS list by defendant Perfection Steel with proof of mailing (lg) (Entered: 09/28/1999)

Sept. 27, 1999

Sept. 27, 1999

32

PRELIMINARY WITNESS list by plaintiff EEOC with proof of mailing (lg) (Entered: 09/29/1999)

Sept. 28, 1999

Sept. 28, 1999

33

AMENDED WITNESS list by plaintiff with proof of mailing (cm) (Entered: 10/05/1999)

Oct. 4, 1999

Oct. 4, 1999

34

PROOFS of mailing by plaintiff of original, first and second set of requests for admissions and fourth set of interrogatories and request for documents (cm) (Entered: 10/05/1999)

Oct. 4, 1999

Oct. 4, 1999

35

PROOF of mailing by plaintiff EEOC of notice of depositions (dp) (Entered: 10/13/1999)

Oct. 12, 1999

Oct. 12, 1999

36

PROOF of mailing by plaintiff EEOC of notice of depositions (dp) (Entered: 10/13/1999)

Oct. 12, 1999

Oct. 12, 1999

38

ORDER by Judge Patrick J. Duggan granting motion to modify the court's scheduling order by EEOC [37-1] with proof of mailing [EOD Date 11/4/99] (kg) (Entered: 11/04/1999)

Nov. 3, 1999

Nov. 3, 1999

39

AMENDED PRETRIAL scheduling order by Judge Patrick J. Duggan - setting deadline for discovery for 11/21/99 , setting deadline for filing motions for 12/6/99 , setting final pretrial conference for 3:00 2/8/00 , setting civil jury trial for 3/1/00 with proof of mailing (kg) (Entered: 11/04/1999)

Nov. 3, 1999

Nov. 3, 1999

40

PROOF of mailing by defendant of responses to first and second set of requests for admissions (cm) Modified on 11/08/1999 (Entered: 11/08/1999)

Nov. 5, 1999

Nov. 5, 1999

41

PROOF of mailing by defendant of response to third set of interrogatories and fourth request for production of documents (cm) (Entered: 11/08/1999)

Nov. 5, 1999

Nov. 5, 1999

42

PROOF of mailing by plaintiff EEOC of notice of depositions (nh) (Entered: 11/12/1999)

Nov. 10, 1999

Nov. 10, 1999

43

PROOF of mailing of answers to interrogatories and requests for admissions. (cf) (Entered: 11/15/1999)

Nov. 12, 1999

Nov. 12, 1999

44

NOTICE (amended) by plaintiff EEOC of taking deposition of Don Jividen 11/17/99 at 10:00 a.m. , taking deposition of Mark Mathena 11/17/99 at 1:00 p.m. , taking deposition of Derrick Heard 11/19/99 at 9:00 a.m. , taking deposition of Sudhindra (Sammy) Samaddar 11/19/99 at 12:00 p.m. , taking deposition of Hugh Murdock 11/22/99 at 1:00 p.m. with certificate of service. (cf) (Entered: 11/18/1999)

Nov. 18, 1999

Nov. 18, 1999

45

MOTION by defendant Perfection Steel for summary judgment with brief, attachments, notice of hearing and proof of mailing (kg) (Entered: 12/06/1999)

Dec. 6, 1999

Dec. 6, 1999

DEPOSITION of Herbert Reedus III taken on 11/16/99 (see 99-72668 #16) (RH) (Entered: 12/08/1999)

Dec. 6, 1999

Dec. 6, 1999

DEPOSITION of Donald Ray Jividen taken on 11/17/99 (see 99-72668 #17) (RH) (Entered: 12/08/1999)

Dec. 6, 1999

Dec. 6, 1999

DEPOSITION of Mark A. Mathena taken on 11/17/99 (see 99-72668 #18) (RH) (Entered: 12/08/1999)

Dec. 6, 1999

Dec. 6, 1999

DEPOSITION of Hugh Murdoch, Jr. taken on 11/22/99 (see 99-72668 #19) (RH) (Entered: 12/08/1999)

Dec. 6, 1999

Dec. 6, 1999

DEPOSITION of Derrick Heard taken on 11/19/99 (see 99-72668 #20) (RH) (Entered: 12/08/1999)

Dec. 6, 1999

Dec. 6, 1999

NOTICE by defendant Perfection Steel of filing deposition transcripts (RH) (Entered: 12/08/1999)

Dec. 6, 1999

Dec. 6, 1999

46

PROOF of mailing by defendant of supplemental response to plaintiff's first set of requests for admissions (LS) (Entered: 12/16/1999)

Dec. 16, 1999

Dec. 16, 1999

48

NOTICE of setting hearing on motion for summary judgment by Perfection Steel [45-1] for 2:00 1/27/00 (lg) (Entered: 01/14/2000)

Jan. 12, 2000

Jan. 12, 2000

49

REPLY by defendant Perfection Steel to response to motion for summary judgment by Perfection Steel [45-1] with attachments (lg) (Entered: 01/25/2000)

Jan. 24, 2000

Jan. 24, 2000

50

PROOF of mailing of defendant Perfection Steel Treating, Inc.'s reply brief (lg) (Entered: 01/25/2000)

Jan. 24, 2000

Jan. 24, 2000

MOTION hearing held on motion for summary judgment by Perfection Steel [45-1] - disposition: taken under advisement - Judge Patrick J. Duggan - Court Reporter: Marie Metcalf (mo) (Entered: 01/28/2000)

Jan. 27, 2000

Jan. 27, 2000

51

ORDER by Judge Patrick J. Duggan, setting trailing trial docket for March and April, 2000 [EOD Date 2/2/00] (lg) (Entered: 02/02/2000)

Feb. 1, 2000

Feb. 1, 2000

52

OPINION and order by Judge Patrick J. Duggan granting motion for summary judgment by Perfection Steel [45-1] [EOD Date: 2/10/00] (cm) (Entered: 02/10/2000)

Feb. 8, 2000

Feb. 8, 2000

53

JUDGMENT entered by Judge Patrick J. Duggan for Perfection Steel against EEOC [EOD Date: 2/10/00] (cm) (Entered: 02/10/2000)

Feb. 8, 2000

Feb. 8, 2000

54

APPEAL by plaintiff EEOC of order [53-1], order [52-1] to USCA with proof of service - FEE: NO FEE PAID (do) (Entered: 04/10/2000)

April 5, 2000

April 5, 2000

55

PROOF of mailing of notice of appeal to USCA, Robert Dawkins, Adele Rapport, Donald Scharg, Paul Kramer and Marie Metcalf (do) (Entered: 04/10/2000)

April 10, 2000

April 10, 2000

56

CERTIFIED copy of appeal notice by EEOC [54-1] and docket transmitted to USCA (do) (Entered: 04/10/2000)

April 10, 2000

April 10, 2000

57

ACKNOWLEDGEMENT from USCA of receipt of appeal notice by EEOC [54-1] - appeal case # 00-1411 (kg) (Entered: 05/02/2000)

May 1, 2000

May 1, 2000

Case Details

State / Territory: Michigan

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: May 26, 1999

Closing Date: Feb. 8, 2000

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

United Automobile, Aerospace and Agricultural Implement Workers of America (UAW) Local 985, 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

Retaliation

Discrimination-area:

Demotion

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits