Case: EEOC v. FEDERAL EXPRESS CORPORATION

2:02-cv-00984 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: Feb. 26, 2002

Closed Date: 2004

Clearinghouse coding complete

Case Summary

The Philadelphia office of the EEOC brought this suit against FedEx Express Corporation (a subsidiary of FedEx Corporation), a major national shipping company, in February 2002 in the U.S. District Court for the Eastern District of Pennsylvania, for violations of Title VII of the Civil Rights Act of 1964. The complaint alleged that the female complainant had been sexually harassed by male co-workers and subjected to a hostile work environment, that no action was taken to remedy the situation w…

The Philadelphia office of the EEOC brought this suit against FedEx Express Corporation (a subsidiary of FedEx Corporation), a major national shipping company, in February 2002 in the U.S. District Court for the Eastern District of Pennsylvania, for violations of Title VII of the Civil Rights Act of 1964. The complaint alleged that the female complainant had been sexually harassed by male co-workers and subjected to a hostile work environment, that no action was taken to remedy the situation when she complained, and that other employees sabotaged her vehicle and otherwise endangered her in retaliation for the complaints. The complaint also alleged that she was taken off of her delivery route in favor of a male employee who boasted of getting her removed from that position, that she was transferred to an office job due to the psychological and emotional harm caused by the harassment, and that she was eventually constructively discharged. The plaintiff intervened in the case April 2002, adding causes of action under Pennsylvania law, and the case was transferred to the U.S. District Court for the Middle District of Pennsylvania.

After a contentious discovery process and two motions for summary judgment by the defendant, which were denied, a trial was held in February 2004 and the jury verdict awarded monetary damages to the complainant. Disputes about this outcome continued and in January 2005, the judge denied a motion by the defendant for judgment as a matter of law, but accepted several amendments to the judgment by the complainant. In February 2005, the defendant filed an appeal with the U.S. Court of Appeals for the Third Circuit, and the defendant subsequently filed a cross appeal. The parties settled by entry of a consent decree regarding equitable relief in April 2005, and subsequently dismissed the appeals. FedEx was required to pay a total of $3,748,359.28 in damages and attorneys' fees. The consent decree, which lasts for eighteen months, requires training on sex discrimination, sexual harassment, and retaliation, as well as specific training on investigation for employees investigating complaints. It requires the posting and distribution of a notice on discrimination law, and regular reporting to the EEOC on any complaints made. FedEx is to designate one Human Resources Manager to oversee complaint investigation at its Allentown and Middletown facilities, and in the event of a dispute over compliance, the parties will attempt to resolve it within thirty days after which the issue will be taken back to the judge for resolution.

Summary Authors

Kevin Wilemon (6/5/2008)

People


Judge(s)

Dalzell, Stewart R. (Pennsylvania)

Kane, Yvette (Pennsylvania)

Attorneys(s) for Plaintiff

Dreiband, Eric S. (District of Columbia)

Ingram, David (Pennsylvania)

Lamar, Ralph E. (Pennsylvania)

Lee, James L. (District of Columbia)

Locke, Cynthia A. (Pennsylvania)

McNair, Jacqueline H. (Pennsylvania)

O'Boyle, Judith A. (Pennsylvania)

Reams, Gwendolyn Young (District of Columbia)

Judge(s)

Dalzell, Stewart R. (Pennsylvania)

Kane, Yvette (Pennsylvania)

Attorneys(s) for Plaintiff

Dreiband, Eric S. (District of Columbia)

Ingram, David (Pennsylvania)

Lamar, Ralph E. (Pennsylvania)

Lee, James L. (District of Columbia)

Locke, Cynthia A. (Pennsylvania)

McNair, Jacqueline H. (Pennsylvania)

O'Boyle, Judith A. (Pennsylvania)

Reams, Gwendolyn Young (District of Columbia)

Sperling, Martha (Pennsylvania)

Attorneys(s) for Defendant

Douglas, Frederick L. (Tennessee)

Littrell, Jeana M. (Tennessee)

Makosky, Alexandra (Pennsylvania)

McDevitt, Sean P. (Pennsylvania)

Other Attorney(s)

Oxford, Susan R. (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

EEOC v. Fed Ex Express Corp.

July 18, 2002 Docket

Docket [PACER-USCA]

EEOC v. Federal Express Corporation

U. S. Court of Appeals for the Third Circuit

March 3, 2006 Docket

Docket [PACER-USCA]

EEOC v. Federal Express Corporation

U. S. Court of Appeals for the Third Circuit

March 3, 2006 Docket

Docket [PACER - Transferred Case]

EEOC v. Fed Ex Express Corpo

U.S. District Court for the Middle District of Pennsylvania

April 28, 2006 Docket
1

Complaint

EEOC v. Fed Ex Express Corporation

Feb. 26, 2002 Complaint
2

Complaint of Intervenor

EEOC & Shaub v. Federal Express Corporation

March 7, 2002 Complaint
92

Memorandum and Order

EEOC & Shaub v. Federal Express Corporation

U.S. District Court for the Middle District of Pennsylvania

Sept. 9, 2003 Order/Opinion
212

Order

EEOC & Shaub v. Federal Express Corporation

U.S. District Court for the Middle District of Pennsylvania

Feb. 2, 2004 Order/Opinion
247

Jury Verdict

EEOC & Shaub v. Federal Express Corporation

U.S. District Court for the Middle District of Pennsylvania

Feb. 24, 2004 Other

EEOC Press Release

EEOC & Shaub v. Federal Express Corporation

No Court

Feb. 25, 2004 Press Release

Docket

Last updated May 13, 2022

ECF Number Description Date Link
1

ORIGINAL FILE, CERTIFIED COPY OF TRANSFER ORDER AND DOCKET SHEET received from Eastern District of PA 7/12/02. Complaint originally filed in E.D. of PA; with attachments of docs #1-13. (rb) (Entered: 07/16/2002)

July 12, 2002

SPECIAL ADMISSION FORM sent to attorney: Cynthia Locke. (rb) (Entered: 07/16/2002)

July 16, 2002

SPECIAL ADMISSION FORM sent to attorney: Sean P. McDevitt. (rb) (Entered: 07/16/2002)

July 16, 2002

SPECIAL ADMISSION FORM sent to attorney: David Ingram. (rb) (Entered: 07/16/2002)

July 16, 2002

SPECIAL ADMISSION FORM sent to attorney: Frederick L. Douglas. (rb) (Entered: 07/17/2002)

July 17, 2002
2

ORDER by Judge Yvette Kane - IT IS HEREBY ORDERED that 1)A Scheduling conf will be conducted by the court at 10:00am on 9/5/02 . 5)Cnsl shall file a Joint Case Mgmt Plan on or before 7/30/02. See order. (cc: cnsl, ct, ctrm dpty) (sc) (Entered: 07/19/2002)

July 19, 2002
3

LETTER - from Court to cnsl. dated 7/18/02 re: case assignment and procedure. (jc) (Entered: 07/22/2002)

July 22, 2002
4

AMENDED ORDER by Judge Yvette Kane Scheduling conf SET 10:00 a.m. on 9/5/02 "JOINT CM PLAN" due 8/30/02. (cc: all counsel, court) (jk) (Entered: 07/22/2002)

July 22, 2002
5

MAIL RETURNED addressed to Cynthia A. Locke, Esq., Equal Employment Opp Comm, containing transfer ltr and sp adm form, marked "Not Deliverable As Addressed - Unable To Forward." Remailed to: Ms. Locke, EEOC, 21 S. 5th St, Suite 400, Phila, PA. (vg) (Entered: 07/31/2002)

July 29, 2002
6

MAIL RETURNED addressed to Cynthia A. Locke, Esquire of EEOC containing order dtd 7/22/02. Remailed to EEOC 21 S. 5th Street, Ste 400, Philadelphia, PA 19102. (sc) (Entered: 07/31/2002)

July 29, 2002
8

MAIL RETURNED addressed to Cynthia Locke at EEOC containing Order issued 7/19/02. Order re-sent to 21 S. 5th Street Suite 400 in Phila, PA 19102. (sc) (Entered: 07/31/2002)

July 30, 2002

ATTORNEY SPECIAL ADMISSION form received from: Frederick L. Douglas forwarded to judge for approval. Receipt #: 111 136974 Amt: $25.00 (vg) (Entered: 08/09/2002)

Aug. 8, 2002
9

REQUEST OF ATTORNEY FOR SPECIAL ADMISSION to practice on behalf of Fed Ex Express Corp by Frederick Douglas, Esq. approved by court. (jk) (Entered: 08/27/2002)

Aug. 27, 2002
10

JOINT CASE MANAGEMENT PLAN returned and signed by cnsl for all parties. No consent to proceed before a MJ. (sc) (Entered: 09/03/2002)

Aug. 30, 2002
11

MINUTE SHEET of case mgmt. conf. held by Judge Yvette Kane on 9/5/02. CM Order to issue. term ddl (jk) (Entered: 09/09/2002)

Sept. 9, 2002
12

CASE MANAGEMENT ORDER by Judge Yvette Kane: Close of Fact Discovery: 3/28/03; Pretrial Memorandum due: 8/15/03; Pretrial and Settlement Conference: 2:00 p.m., 8/21/03; Jury selection and Trial: 9:30 a.m., 9/8/03. Case placed on STANDARD Case Mgmt. Track. See order for further details. (cc: all counsel court, Ctrm. Dep, Ctrptr, Jury Clerk) (vg) (Entered: 09/10/2002)

Sept. 10, 2002
13

STIPULATION by and between Martha Sperling, Esq., representing intervenor Marion Shaub, Cynthia Locke, Esq., representing the Equal Employment Opportunity Commission and Frederick Douglass, Esq., representing the Federal Express Corporations, that parties request from Court extension of all ddls for a period of 60 days. (vg) (Entered: 01/03/2003)

Jan. 2, 2003
14

ORDER by Judge Yvette Kane - upon consideration of the parties' Stipulation filed 1/2/03, IT IS HEREBY ORDERED THAT the case management deadlines are EXTENDED as follows: Jury trial RESCHEDULED 10/6/03; Jury selection SET 9:30 a.m. on 10/6/03; Discovery EXTENDED UNTIL 5/7/03; Pretrial conference SET 10:00 a.m. on 9/26/03; Pretrial memorandum DUE 9/17/03 (cc: all counsel, court) (jk) (Entered: 01/14/2003)

Jan. 14, 2003
15

ORDER by Judge Yvette Kane - IT IS ORDERED THAT the Case Management Order is amended to permit 15 depositions to be taken by each side. (cc: all counsel, court) (jk) (Entered: 01/14/2003)

Jan. 14, 2003
16

MINUTE SHEET - of TC held by J. Kane on 2/14/03. Dispute over number of depositions to be held. Order to issue. (jk) (Entered: 01/16/2003)

Jan. 16, 2003
17

MAIL RETURNED addressed to cnsl for Fed Ex Express Corp, Sean P. McDevitt. Envelope marked: Forwarding Time Expired. Return to Sender. Per call to office, they will submit change of address in writing. Order remailed. (sc) (Entered: 01/29/2003)

Jan. 28, 2003
18

REQUEST for Production of Documents filed by Equal Employment Opportunity Commission, Marion Shaub; with c/s. (sc) (Entered: 03/20/2003)

March 19, 2003
20

BRIEF IN SUPPORT of 19 MOTION to Compel Discovery filed by Marion Shaub; with c/s. Brief in Opposition due by 4/7/2003 (sc) (Entered: 03/20/2003)

March 19, 2003

DELETED Doc #21 - Motion to Compel Discovery because it was docketed 2 times. The entry was a duplicate of Document #19. (sc) (Entered: 03/21/2003)

March 21, 2003
21

MOTION to Strike pltf's 19 MOTION to Compel Discovery filed by dft Fed Ex Express Corporation; with c/s.(sc) (Entered: 03/27/2003)

March 26, 2003
22

ORDER - IT IS ORDERED THAT: 1)Defendant's Motion to Strike Plaintiff's Motion to Compel for Noncompliance w/ the Case Management Order is DENIED. 2)Defendant shall file a response brief to Plaintiff's Motion to Compel on or before 4/7/03. 3)Plaintiff may file a reply brief on or beofer 4/11/03. 21 Signed by Judge Yvette Kane on 4/1/03 (jk, ) (Entered: 04/01/2003)

April 1, 2003
23

BRIEF IN OPPOSITION to pltf's 19 MOTION to Compel Discovery filed by dft Fed Ex Express Corporation; with c/s. Reply Brief due by 4/24/2003. (sc) (Entered: 04/08/2003)

April 7, 2003
24

Letter from Martha Sperling, Esquire o/b/o Plaintiff, dtd 4/7/03, regarding the dfts' Response to the intervenors' Mtn to Compel Discovery. (sc) (Entered: 04/11/2003)

April 10, 2003
26

ORDER - IT IS ORDERED THAT Intervener's Motion to Compel Discovery is GRANTED. Defendant IS ORDERED to produce documents in response to the "Pltf-Intervenor EEOC and Marion Shaub's First Response for Production of Documents Addressed to Dft, Federal Express Corp." as follows: REQUEST Nos. 2, 3, 4, 7, 8, 9, 10. 19 Signed by Judge Yvette Kane on 4/25/03 (jk, ) (Entered: 04/25/2003)

April 25, 2003
27

ORDER - IT IS ORDERED THAT the case management deadlines are EXTENDED as follows: 1)Close of Fact Discovery - 5/30/03; 2)Dispositive Motions and Supporting Briefs Due - 6/30/03. All other case management deadlines remain as indicated in this Court's order dated 1/14/03. Signed by Judge Yvette Kane on 4/25/03. (jk, ) (Entered: 04/25/2003)

April 25, 2003
29

MOTION to Compel Discovery and for Sanctions by pltf Equal Employment Opportunity Commission & Intervenor Marion Shaub; with c/s. (Attachments: # 1 Cert. of Non-conc.# 2 Proposed Order)(sc) Additional attachment(s) added on 7/2/2003 (jk, ). (Entered: 06/09/2003)

June 6, 2003
30

MOTION (to Compel Discovery) and for Sanctions by pltf Equal Employment Opportunity Commission & intervenor Marion Shaub; with c/s. (Attachments: # 1 Cert. of Non-Conc.# 2 Proposed Order)(sc) Additional attachment(s) added on 7/2/2003 (jk, ). (Entered: 06/09/2003)

June 6, 2003
31

MOTION for Extension of Time to Complete Discovery for Additional Depositions filed by pltf Equal Employment Opportunity Commission & Intervenor Marion Shaub. (Attachments: # 1 Proposed Order)(sc) (Entered: 06/09/2003)

June 6, 2003
33

Letter from Martha Sperling, Esquire to Court RE: all outstanding discovery issues. (jk, ) (Entered: 06/09/2003)

June 9, 2003
34

Letter from Alexandra Makosky, Esquire to Court RE: discovery issues. (jk, ) (Entered: 06/12/2003)

June 12, 2003
35

MOTION to Compel Discovery (and for Sanctions) filed by pltf Equal Employment Opportunity Commission & intervenor Marion Shaub.(sc) STRICKEN PURSUANT TO COURT ORDER DATED 7/2/03. (sc) (Entered: 06/17/2003)

June 16, 2003
36

MOTION (to Compel Discovery and) for Sanctions filed by pltf Equal Employment Opportunity Commission & intervenor Marion Shaub.(sc) STRICKEN PURSUANT TO COURT ORDER DATED 7/2/03. (sc). (Entered: 06/17/2003)

June 16, 2003
37

EXHIBITS in Support of the Mtn to Compel Discovery and for Sanctions filed by pltf Equal Employment Opportunity Commission & intervenor Marion Shaub.. (sc) (Entered: 06/17/2003)

June 16, 2003
38

MOTION for Extension of Time to Extend Discovery for Additional Depositions filed by pltf Equal Employment Opportunity Commission & intervenor Marion Shaub. (Attachments: # 1 Exhibit(s))(sc) (Entered: 06/17/2003)

June 16, 2003
39

MOTION to Compel Discovery Responses filed by pltf Equal Employment Opportunity Commission & intervenor Marion Shaub. (Attachments: # 1 Exhibit(s))(sc) (Entered: 06/17/2003)

June 16, 2003
40

COMBINED RESPONSE filed by dft Fed Ex Express Corporation to 36 MOTION to Compel Disc and for Sanctions 38 MOTION for Extension of Time to Complete Discovery, 39 MOTION to Compel Discovery; with c/s. (Attachments: # 1 Exhibit(s))(sc) Modified on 7/1/2003 (sc). (Entered: 06/17/2003)

June 16, 2003
41

RESPONSE by plaintiff Equal Employment Opportunity Commission and intervenor Marion Shaub to 40 deft's response to their mtn to compel discovery and for sanctions with exhs. attached. (jc) (Entered: 06/27/2003)

June 25, 2003
43

REPLY by Intervenor Marion Shaub to 40 Dfts' Response to pltf and intervenor's Mtn to Compel Disc and for Sanctions; with c/s. (Attachments: # 1 Exhibit(s))(sc) (Entered: 07/01/2003)

June 26, 2003
42

CERTIFICATE of Service filed by the Intervenor Marion Shaub to her Reply to Dft FedEx Express Corporations' Response to Pltf/Intervenor's Mtn for Sanctions and Compel of Discovery 41. (sc) (Entered: 06/30/2003)

June 27, 2003
44

MOTION for Summary Judgment by dft Fed Ex Express Corporation; with c/s. (Attachments: # 1 Proposed Order # 2 Cert. of Length of Brief)(sc) (Entered: 07/01/2003)

June 30, 2003
46

STATEMENT OF UNDISPUTED MATERIAL FACTS in support of the 44 MOTION for Summary Judgment filed by dft Fed Ex Express Corporation; with c/s. (sc) (Entered: 07/01/2003)

June 30, 2003
47

EXHIBITS (APPENDIX - PART I OF II) filed by dft Fed Ex Express Corporation to Stmt of Mat Facts in support of the Mtn for Sumjgm. (Attachments: # 1 Part 2# 2 Part 3)(sc) (Entered: 07/01/2003)

June 30, 2003
48

EXHIBITS (APPENDIX - PART II OF II) filed by dft Fed Ex Express Corporation to the Stmt of Facts in support of the Mtn for Sumjgm. (Not scanned - too voluminous and double sided). (sc) (Entered: 07/01/2003)

June 30, 2003
49

MOTION for Leave to File a Response to pltf and Intervenors' Reply in support of Mtn to comp disc and for sanctions filed by dft Fed Ex Express Corporation; with c/s. (Attachments: # 1 Proposed Order)(sc) (Entered: 07/01/2003)

June 30, 2003
50

ORDER - IT IS HEREBY ORDERED THAT: 1)Plaintiff and Intervenor's Motion to Compel Discovery Responses and Motion to Extend Discovery for Additional Depositions filed 6/16/03 (docs 37 & 38) are STRICKEN as duplicative. 2)Plaintiff & Intervenor's Motions to Compel Discovery and for Sanctions (docs 35 & 36) are STRICKEN. However, the Clerk of Court is directed to attach the exhibits from Docs. #35 & 36 to Docs. #29 & 30. 29303839 Signed by Judge Yvette Kane on 6/30/03 (jk, ) (Entered: 07/02/2003)

July 2, 2003
51

SUR REPLY BRIEF in Response to 35 MOTION to Compel Discovery & 36 for Sanctions filed by dft Fed Ex Express Corporation ; with c/s and exhibits. (sc) (Entered: 07/03/2003)

July 2, 2003
52

Praecipe to Substitute Exhibit - Exhibit A for the Exhibit A that was att'd to Sur-Rply Br of Fed Ex Corp in Response to Mtn to Comp Disc and for Sanctions; with c/s. (Attachments: # 1 Exhibit(s))(sc) (Entered: 07/07/2003)

July 3, 2003
53

RESPONSE by Pltf and Intervenor to dft's 44 MOTION for Summary Judgment. (Attachments: # 1 Proposed Order)(sc) (Entered: 07/21/2003)

July 18, 2003
54

RESPONSE AND OBJECTIONS filed by Pltf and Intervenor to dft's 46 Statement of Undisputed Material Facts; with c/s. (sc) (Entered: 07/21/2003)

July 18, 2003
55

COUNTERSTATEMENT OF FACTS filed by the Pltf and Intervenor 46. (sc) (Entered: 07/21/2003)

July 18, 2003
56

BRIEF IN OPPOSITION to the dfts' 44 MOTION for Summary Judgment filed by pltf Equal Employment Opportunity Commission. Reply Brief due by 8/4/2003. (Attachments: # 1 Certification of Length of Brief)(sc) (Entered: 07/21/2003)

July 18, 2003
57

MEMORANDUM IN OPPOSITION to the dfts' 44 MOTION for Summary Judgment filed by Marion Shaub (Captioned: Memorandum in support of her Mtn to Deny SumJgm). Reply Brief due by 8/4/2003. (Attachments: # 1 Exhibit(s))(sc) (Entered: 07/21/2003)

July 18, 2003
59

APPENDIX OF EXHIBITS to Pltf's and Intervenor's Response and Objections to dfts' Stmt of Undisputed Material Facts. (sc) (Entered: 07/21/2003)

July 18, 2003
60

CERTIFICATE of Service filed by pltf and intervenor that the 54 Objections to Stmt of Facts, 55 CounterStatement of Facts, 56 Brief in Opposition, 57 Brief in Opposition, 58 Exhibits 59 were served on dft by UPS on 7/17/03. (sc) (Entered: 07/21/2003)

July 18, 2003
61

Letter from Martha Sperling, Esquire, dtd 7/24/03. "Enclosed for filing w/ your office please find the original of Exh 19-Afdt of Branden Ehrhart which I would ask you to attach to pltf's and intervenor's Response and Objs to Dft's Stmt of Undisputed Material Facts originally filed w/ your office on 7/17/03." (sc) (Entered: 07/29/2003)

July 28, 2003
62

Letter from Martha Sperling, Esquire, dtd 7/22/03. "While reviewing Intervenor's Mem in Sup of her Mnt to Deny SumJgm, I realized that a second page 4 was inserted where page 6 should be. Therefore, please accept page 6 enclosed to be attached to Intervenor's Mem in Support of her Mtn to Deny SumJgm." (sc) (Entered: 07/29/2003)

July 28, 2003
63

REPLY BRIEF to 44 MOTION for Summary Judgment filed by defendant Fed Ex Express Corporation. (Attachments: # 1 # 2 Exhibit(s))(jc) (Entered: 07/31/2003)

July 30, 2003
64

MOTION in Limine to prohibit certain testimony and related docs by dft Fed Ex Express Corporation; C/S(vg, ) (Entered: 08/04/2003)

Aug. 1, 2003
65

BRIEF IN SUPPORT re 64 MOTION in Limine filed by dft Fed Ex Express Corporation. C/S Brief in Opposition due by 8/19/2003 (vg, ) (Entered: 08/04/2003)

Aug. 1, 2003
66

MOTION by Plaintiff for Leave to Add Additional Exhibits to its Response to Defendant's Motion for Summary Judgment. C/S. (Attachments: # 1 Proposed Order)(ct) (Entered: 08/11/2003)

Aug. 8, 2003
67

MOTION for Permission to File Surreply Brief filed by Intervenor Marion Shaub. C/S. (Attachments: # 1 Proposed Surreply Brief # 2 Proposed Order # 3 Proposed Order)(ct) (Entered: 08/11/2003)

Aug. 8, 2003
68

PROPOSED DOCUMENT re: Proposed Attachments to Intervenor's Proposed Surreply in response to Defendant's Statement of Undisputed Material Facts in Support of Motion for Summary Judgment 67. (Attachments: # 1 Part 2)(ct). (Entered: 08/11/2003)

Aug. 8, 2003
69

BRIEF IN OPPOSITION re 67 MOTION for Leave to File Surreply Brief filed by Fed Ex Express Corporation. C/S. Reply Brief due by 9/4/2003. (ct) (Entered: 08/19/2003)

Aug. 18, 2003
70

BRIEF IN OPPOSITION filed by Defendant Fed Ex Express Corporation re 66 MOTION for Leave to File an Additional Exhibit. Reply Brief due by 9/4/2003. (ct) (Entered: 08/19/2003)

Aug. 18, 2003
72

BRIEF IN OPPOSITION filed by Equal Employment Opportunity Commission re 64 to defendant's MOTION in Limine. Reply Brief due by 9/5/2003. (Attachments: # 1 Cert of NonConc# 2 Proposed Order)(ct) (Entered: 08/20/2003)

Aug. 19, 2003
73

RESPONSE filed by Marion Shaub in OPPOSITION to 64 Defendant's MOTION in Limine. Reply Brief due by 9/5/2003. (ct) (Entered: 08/20/2003)

Aug. 19, 2003
74

BRIEF IN OPPOSITION filed by Marion Shaub re 64 defendant's MOTION in Limine. Reply Brief due by 9/5/2003. (ct) (Entered: 08/20/2003)

Aug. 19, 2003
75

BRIEF IN OPPOSITION filed by Intervenor, Marion Shaub re 64 Defendant's MOTION in Limine. Reply Brief due by 9/8/2003. (Attachments: # 1 Cert of Nonconc)(ct) (Entered: 08/25/2003)

Aug. 22, 2003
76

MOTION filed for permission to allow Ralph E. Lamar, IV, Esquire to Appear Pro Hac Vice in this litigation as co-counsel for Intervenor Marion Shaub. C/S. (Attachments: # 1 Proposed Order)(ct) (Entered: 08/26/2003)

Aug. 25, 2003
77

CERTIFICATE of Non Concurrence filed by Intervenor Marion Shaub re 67 Intervenor's MOTION for Leave to File a Sur Reply Brief. (ct) (Entered: 08/27/2003)

Aug. 25, 2003
78

MOTION filed by Plaintiff for an Extension of Time to conduct a Rule 16.3 conference (9/5/03). C/S. (Attachments: # 1 Cert of Conc.# 2 Proposed Order)(ct) (Entered: 08/29/2003)

Aug. 28, 2003
79

MOTION for Extension of trial date by defendant Fed Ex Express Corporation and c of s. (Attachments: # 1 Proposed Order)(jc) (Entered: 09/02/2003)

Aug. 29, 2003
80

ORDER - Upon consideration of the 76 Motion of Martha Sperling, Esquire for Admission Pro Hac Vice of Ralph E. Lamar, it is HEREBY ORDERED that Ralph E. Lamar, IV, is admitted to practice pro hac vice in the above captioned matter.Signed by Judge Yvette Kane on August 29, 2003. (sc) (Entered: 09/02/2003)

Sept. 2, 2003
82

EXHIBIT WITNESS LIST by defendant Fed Ex Express Corporation. DOCUMENT NOT SCANNED. ORIGINAL IN OSFR IN HBG. (jc) (Entered: 09/04/2003)

Sept. 3, 2003
83

EXHIBIT LIST by defendant Fed Express Corporation and c of s. (jc) (Entered: 09/04/2003)

Sept. 3, 2003
85

MOTION by Intervenor Marion Shaub in Limine to exclude evidence that Martha Sperling represented Lorraine Metz in her lawsuit against defendant. C/S. (ct) (Entered: 09/09/2003)

Sept. 8, 2003
86

MOTION by Intervenor Marion Shaub in Limine to exclude evidence that Ernard Robinson lost his route when it was upgraded to full-time. C/S. (ct) (Entered: 09/09/2003)

Sept. 8, 2003
88

MOTION by Intervenor Marion Shaub in Limine to exclude evidence by managment employees of the number of hours worked by drivers and the basis for its decisions to upgrade part-time driving routes to full-time driving routes. C/S.(ct) (Entered: 09/09/2003)

Sept. 8, 2003
89

MOTION by Intervenor Marion Shaub in Limine to exclude evidence of the date that she retained her counsel, the fact that she filled out the EEO complaint in her lawyer's office and that her counsel called the police department on her behalf. C/S. (ct) (Entered: 09/09/2003)

Sept. 8, 2003
90

MOTION by Marion Shaub in Limine to exclude that Martha Sperling provided confidential information to plaintiff. C/S. (ct) (Entered: 09/09/2003)

Sept. 8, 2003
91

MOTION in Limine by Intervenor Marion Shaub to exclude testimony from witnesses identified late or not at all. C/S. (ct) (Entered: 09/09/2003)

Sept. 8, 2003

Deleted Doc. #81 filed 8/22/2003. Refiled as Doc. #76. (vg, ) (Entered: 09/09/2003)

Sept. 9, 2003

DOCKET ANNOTATION: Document 86 deleted and redocketed as Document 86 due to clerical error. (ct) (Entered: 09/09/2003)

Sept. 9, 2003
92

ORDER - IT IS HEREBY ORDERED THAT: 1)Pltf and Intervenor's 31 Motion for Extension of Time to Complete Discovery is GRANTED. 2)Pltfs and Intervenors 32 Motion to Compel Discovery is GRANTED IN PART AND DENIED IN PART as broken down in the order. 3)Dft's Mtn 49 for leave to file a response to pltf and Intvr Rply in support of the mtn to compel disc. and for sanctions is DENIED. IT IS FURTHER ORDERED THAT dft's Sur-Rply Brief is STRICKEN from the record. 4) Dft's 44 Motion for Summary Judgment is DENIED w/o prej to refile. 5)Brief associated with mtn for sumjgm are STRICKEN from the record. 6)Pltf's 66 Motion for Leave to Add add'l exhibts is DENIED AS MOOT. 7) Intvnr 67 Motion for Permission to file sur-reply br is DENIED AS MOOT. The proposed sur-rply br is STRICKEN from the record. 8) An amended case mgmt order will follow. Discovery due by 10/10/2003. See order for details.Signed by Judge Yvette Kane on September 9, 2003.(sc) (Entered: 09/09/2003)

Sept. 9, 2003
93

AMENDED CASE MANAGEMENT ORDER - IT IS HEREBY ORDERED that Close of Disc and Depo of Experts shall be completed by 10/10/03. IT IS FURTHER ORDERED THAT the Case Mgmt Orders dtd 1/14/03 and 4/25/03 are further AMENDED as follows: Jury Selection and Trial are set for 12/1/2003 at 09:30 AM in Harrisburg - Courtroom #4 before Honorable Yvette Kane. Pretrial Memo is due 11/14/03. Pretrial Conference set for 11/21/2003 at 09:30 AM in Harrisburg - Courtroom #4 before Honorable Yvette Kane. See order for more details.Signed by Judge Yvette Kane on September 9, 2003. (sc) 7879 (Entered: 09/09/2003)

Sept. 9, 2003
94

BRIEF IN OPPOSITION to Pltf/Intvnr Marion Shaub's 85 MOTION in Limine regarding Martha Sperling's representation of Lorraine Metz filed by dft Fed Ex Express Corporation. Reply Brief due by 10/6/2003. (Attachments: # 1 Exhibit(s))(sc) (Entered: 09/22/2003)

Sept. 19, 2003
96

BRIEF IN OPPOSITION to the 87 MOTION in Limine to Exclude Expert Testimony presented through Lay Witnesses filed by dft Fed Ex Express Corporation; with c/s. Reply Brief due by 10/6/2003. (sc) (Entered: 09/22/2003)

Sept. 19, 2003
97

BRIEF IN OPPOSITION to the 88 MOTION in Limine regarding Management Testimony on Hours Worked filed by dft Fed Ex Express Corporation; with c/s. Reply Brief due by 10/6/2003. (Attachments: # 1 Exhibit(s))(sc) (Entered: 09/22/2003)

Sept. 19, 2003
98

BRIEF IN OPPOSITION to the 89 MOTION in Limine regarding Martha Sperling's Involvement in Intervenor's Claims filed by dft Fed Ex Express Corporation; with c/s. Reply Brief due by 10/6/2003. (Attachments: # 1 Exhibit(s))(sc) (Entered: 09/22/2003)

Sept. 19, 2003
99

BRIEF IN OPPOSITION to the 91 MOTION in Limine to Exclude Testimony from Witnesses Identified Late or Not at All filed by dft Fed Ex Express Corporation; with c/s. Reply Brief due by 10/6/2003. (sc) (Entered: 09/22/2003)

Sept. 19, 2003
100

MOTION to Exceed Page Limitation for Memorandum in Support of Motion for Summary Judgmetn filed by Defendant, Fed Ex Express Corporation. C/S. (Attachments: # 1 Proposed Order)(ct) (Entered: 10/01/2003)

Sept. 30, 2003
101

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) from Jeana M. Littrell ( Filing fee $25, Receipt Number 111 139628). (jc) (Entered: 10/06/2003)

Oct. 3, 2003
102

ORDER granting in part and denying in part 100 Motion for Leave to File Excess Pages. Dft. may file a Br. in Sup. of a Mot. for Sum. Jdg. not to exceed 20 pgs. with lettering or typeface not smaller than 14 point word processing. Signed by Judge Yvette Kane on 10/7/03 (pw, ) (Entered: 10/07/2003)

Oct. 7, 2003
103

SPECIAL ADMISSIONS FORM APPROVED as to Jeana M. Littrell.Signed by Judge Yvette Kane on 10/6/03. (pw, ) (Entered: 10/07/2003)

Oct. 7, 2003
104

MOTION to Exceed Page Limitation for memorandum in support of answer to mtn for summary judgment; cs by pltfs Equal Employment Opportunity Commission, Marion Shaub. (Attachments: # 1 Proposed Order)(pm, ) (Entered: 10/15/2003)

Oct. 14, 2003

State / Territory: Pennsylvania

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Feb. 26, 2002

Closing Date: 2004

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: No

Class Action Outcome: Not sought

Defendants

Fed Ex Express Corporation (Allentown, Pennsylvania and Middletown, Pennsylvania), Private Entity/Person

Fed Ex Express Corporation (Middletown, Pennsylvania), Private Entity/Person

Case Details

Causes of Action:

State law

Title VII (including PDA), 42 U.S.C. § 2000e

State Anti-Discrimination Law

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Litigation

Amount Defendant Pays: 3748359.28

Order Duration: 2004 - 2005

Content of Injunction:

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Implement complaint/dispute resolution process

Reporting

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Demotion

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit