Case: EEOC v. United Parcel Service

3:97-cv-00961 | U.S. District Court for the Northern District of California

Filed Date: March 20, 1997

Clearinghouse coding complete

Case Summary

In March 1997, a lawsuit was brought by the Cleveland and San Francisco District Offices of the EEOC against United Parcel Service under the Americans with Disabilities Act to oppose the defendant's policy of categorically excluding persons with little or no vision in one of their eyes from positions driving smaller vehicles. Plaintiffs intervened in the lawsuit in February 1998 and December 1999. In August 1999, the case was reassigned to the U.S. District Court for the Northern District of Ca…

In March 1997, a lawsuit was brought by the Cleveland and San Francisco District Offices of the EEOC against United Parcel Service under the Americans with Disabilities Act to oppose the defendant's policy of categorically excluding persons with little or no vision in one of their eyes from positions driving smaller vehicles. Plaintiffs intervened in the lawsuit in February 1998 and December 1999.

In August 1999, the case was reassigned to the U.S. District Court for the Northern District of California. Following extensive discovery, failed motions for summary judgment by all parties, and a bench trial, the District Court granted judgment for the defendant in part and the EEOC and intervenor in party in December 2000. All parties appealed the lawsuit to the 9th Circuit Court of Appeals. The 9th Circuit affirmed the decision in part, reversed it in part, and remanded the case in October, 2002. The 9th Circuit held "that for a monocular individual to show that his impairment is a substantial limitation on the major life activity of seeing, the impairment must prevent or severely restrict use of his eyesight compared with how unimpaired individuals normally use their eyesight in daily life." E.E.O.C. v. United Parcel Service, 306 F.3d 794, 797 (9th Cir. 2002). The 9th Circuit found that two of the applicants were not disabled under that standard, but remanded the case for the district court to "determine in the first instance whether, under this standard, UPS perceived that the claimants were substantially limited in seeing." Id.

Following the remand, the District Court entered judgment in favor of the defendant in May 2003 and then granted summary judgment in favor of the defendant and against particular claims of the intervenor plaintiffs in July 2003, terminating the case.

Following termination of the case, the intervenors failed to secure an injunction pending their appeal to the 9th Circuit in October 2007. The EEOC and intervenors appealed the District Court's decision to the 9th Circuit in September 2003. The 9th Circuit affirmed the district court's decision, and the District Court entered judgment in favor of the defendant and against the intervenors in May 2006.

All parties filed motions for attorney's fees following this judgment. In September 2006, the District Court granted the motions in part and denied them in part. The intervenor appealed the decision to the 9th Circuit in October 2006. We do not have any information following this appeal.

Summary Authors

Kevin Wilemon (3/18/2008)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/11652974/parties/eeoc-v-ups/

Judge(s)

Alsup, William Haskell (California)

Attorney for Plaintiff

Guerrier, Charles E. (California)

Kelley, David T. (California)

Attorney for Defendant

Brass, Rachel S. (California)

Expert/Monitor/Master/Other

Baldwin, Holly (California)

Documents in the Clearinghouse

3:97-cv-00961

Docket

EEOC v. UPS

Feb. 23, 2007

Feb. 23, 2007

Docket
364

3:97-cv-00961

Order Granting In Part Defendant's Motion for Summary Judgment

Dec. 12, 2000

Dec. 12, 2000

Order/Opinion

2000 U.S.Dist.LEXIS 18986

365

3:97-cv-00961

Opinion [Findings of Fact and Conclusions of Law After Bench Trial and Injunction with Temporary Stay Pending Appeal]

Dec. 12, 2000

Dec. 12, 2000

Order/Opinion

149 F.Supp.2d 1115

167

3:01-cv-01730

Order Adopting in Part Special Master's Report and Denying Plaintiffs' Supplemental Request for Attorney's Fees

Bryan v. United Parcel Service, INC.

Sept. 28, 2007

Sept. 28, 2007

Order/Opinion

2007 WL 2892961

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/11652974/eeoc-v-ups/

Last updated Aug. 22, 2026, 5:11 a.m.

Docket for: EEOC v. UPS
ECF Number Date Description Link
1 March 20, 1997

COMPLAINT Summons(es) issued; Fee status exempt entered on 3/20/97 [3:97-cv-00961] (lcc, COURT STAFF) (Entered: 03/24/1997)

RECAP
2 March 20, 1997

ORDER RE COURT PROCEDURE and SCHEDULE (ADR Multi-Option) by Judge Fern M. Smith: Proof of service to be filed by 5/5/97; counsels' case management statement to be filed by 7/15/97; initial case management conference will be held 8:30 7/25/97. (cc: all counsel) [3:97-cv-00961] (lcc, COURT STAFF) (Entered: 03/24/1997)

RECAP
3 April 23, 1997

WAIVER OF SERVICE by defendant UPS served on 4/18/97 in response to the Request for Waiver sent on 3/21/97. [3:97-cv-00961] (lcc, COURT STAFF) (Entered: 04/24/1997)

RECAP
4 May 20, 1997

ANSWER by defendant UPS to complaint [1-1] [3:97-cv-00961] (lcc, COURT STAFF) (Entered: 05/22/1997)

RECAP
5 June 13, 1997

CLERK'S NOTICE re ADR phone conference scheduled for 7/3/97 at 9:00am [3:97-cv-00961] (jm, COURT STAFF) (Entered: 06/13/1997)

RECAP
6 June 17, 1997

DEMAND for jury trial by defendant UPS [3:97-cv-00961] (lcc, COURT STAFF) (Entered: 06/18/1997)

RECAP
June 26, 1997

RECEIVED Stipulation and Proposed Order (Plaintiff EEOC) Concerning Mandatory ADR Process [3:97-cv-00961] (lcc, COURT STAFF)

7 June 30, 1997

STIPULATION and ORDER by Judge Fern M. Smith: Early Neutral Evaluation ADR option selected. (cc: all counsel) [3:97-cv-00961] (lcc, COURT STAFF) (Entered: 06/30/1997)

RECAP
8 June 30, 1997

CLERK'S NOTICE referring matter to ENE [3:97-cv-00961] (jm, COURT STAFF) (Entered: 06/30/1997)

RECAP
9 July 15, 1997

CASE MANAGEMENT STATEMENT and PROPOSED ORDER filed. [3:97-cv-00961] (ga, COURT STAFF) (Entered: 07/15/1997)

RECAP
10 July 28, 1997

MINUTES: ( C/R none) INITIAL CASE MANAGEMENT CONFERENCE HELD. parties will be filing preliminary motions to be heard in November [3:97-cv-00961] (ga, COURT STAFF) (Entered: 07/29/1997)

RECAP
11 Sept. 2, 1997

CLERK'S NOTICE of appointment of evaluator, Bernat Rosner [3:97-cv-00961] (jm, COURT STAFF) (Entered: 09/02/1997)

RECAP
12 Sept. 8, 1997

EVALUATOR'S Letter to Counsel re: disclosures and ENE procedures [3:97-cv-00961] (jm, COURT STAFF) (Entered: 09/08/1997)

RECAP
13 Sept. 17, 1997

LETTER dated 9/16/97 from Patricia S. Radez on behalf of UPS in objection to the appointment of Bernat Rosner as evaluator [3:97-cv-00961] (jm, COURT STAFF) (Entered: 09/17/1997)

RECAP
Sept. 17, 1997

Docket Modification (Administrative) to letter [13-1] REJECTING Early Neutral Evaluator Bernat Rosner [3:97-cv-00961] (jm, COURT STAFF)

14 Sept. 22, 1997

CLERK'S NOTICE of appointment of evaluator, Margaret Hart Edwards [3:97-cv-00961] (jm, COURT STAFF) (Entered: 09/22/1997)

RECAP
15 Oct. 9, 1997

EVALUATOR'S Letter to Counsel re: ENE pc by the end of October 1997. [3:97-cv-00961] (jm, COURT STAFF) (Entered: 10/09/1997)

RECAP
16 Oct. 17, 1997

NOTICE by Plaintiff EEOC of association of attorney C. Larry Watson, Charles E. Guerrier [3:97-cv-00961] (ga, COURT STAFF) (Entered: 10/20/1997)

RECAP
17 Nov. 12, 1997

EVALUATOR'S Letter to Counsel ENE hearing will be held 9:00 12/22/97 ; [3:97-cv-00961] (jm, COURT STAFF) (Entered: 11/12/1997)

RECAP
18 Jan. 5, 1998

CERTIFICATION OF ADR SESSION ENE hearing held on 12/22/97. ADR PROCESS (Multi-Option Pilot) COMPLETE. filed by neutral Early Neutral Evaluator Margaret Hart Edwards (jm, COURT STAFF) (Entered: 01/05/1998)

RECAP
19 Jan. 5, 1998

CLERK'S NOTICE removing matter from ENE. ENE process completed. ENE hearing held on 12/22/97. [3:97-cv-00961] (jm, COURT STAFF) (Entered: 01/05/1998)

RECAP
20 Jan. 13, 1998

CLERK'S NOTICE: Case Management Conference set for 8:30 2/20/98 [3:97-cv-00961] (lcc, COURT STAFF) (Entered: 01/14/1998)

RECAP
21 Jan. 20, 1998

NOTICE OF MOTION AND MOTION WITH MEMORANDUM OF POINTS AND AUTHORITIES before Judge Fern M. Smith by Shawn Hogya to intervene with Notice set for 2/27/98 at 10:00 am [3:97-cv-00961] (lcc, COURT STAFF) (Entered: 01/21/1998)

RECAP
22 Jan. 20, 1998

DECLARATION by John J. Mavredakis on behalf of Intervenor Shawn Hogya in support re motion to intervene [21-1] [3:97-cv-00961] (lcc, COURT STAFF) (Entered: 01/21/1998)

RECAP
23 Jan. 20, 1998

PROOF OF SERVICE by Intervenor Shawn Hogya of motion to intervene [21-1], declaration [22-1], order received [0-0] [3:97-cv-00961] (lcc, COURT STAFF) (Entered: 01/21/1998)

RECAP
Jan. 20, 1998

RECEIVED Proposed Order (Intervenor Shawn Hogya) re: motion to intervene [21-1] [3:97-cv-00961] (lcc, COURT STAFF)

24 Jan. 23, 1998

RESPONSE by Plaintiff EEOC to motion for leave to intervene [21-1] [3:97-cv-00961] (lcc, COURT STAFF) (Entered: 01/27/1998)

RECAP
25 Jan. 30, 1998

RESPONSE by defendant UPS to motion to intervene [21-1] [3:97-cv-00961] (lcc, COURT STAFF) (Entered: 02/02/1998)

RECAP
26 Feb. 9, 1998

ORDER by Judge Fern M. Smith GRANTING intervenor Shawn Hogya's motion to intervene [21-1]. (Date Entered: 2/10/98) (cc: all counsel) [3:97-cv-00961] (lcc, COURT STAFF) (Entered: 02/10/1998)

RECAP
27 Feb. 13, 1998

JOINT STATUS CONFERENCE STATEMENT submitted by Plaintiff EEOC [3:97-cv-00961] (lcc, COURT STAFF) (Entered: 02/17/1998)

RECAP
28 Feb. 17, 1998

CLERK'S NOTICE setting hearing on Intervenor's motion to intervene [21-1] 1:30 2/27/98. [3:97-cv-00961] (lcc, COURT STAFF) (Entered: 02/18/1998)

RECAP
29 Feb. 20, 1998

MINUTES: (C/R none) (Hearing Date: 2/20/98) Case Management Conference held and continued to 8:30 8/7/98 for CMC; Discovery cutoff EXTENDED to 11/1/98; Deadline for dispositive motions filings is 12/1/98; VACATING hearing re Intervenor's motion to intervene [21-1] set for 2/27/98. [3:97-cv-00961] (lcc, COURT STAFF) (Entered: 02/20/1998)

RECAP
30 Feb. 25, 1998

SCHEDULING ORDER by Judge Fern M. Smith: Status Conference set for 8:30 8/7/98; Discovery cutoff set for 11/1/98; Deadline for dispositive motion filings is 12/1/98. (Date Entered: 2/27/98) (cc: all counsel) [3:97-cv-00961] (lcc, COURT STAFF) (Entered: 02/27/1998)

RECAP
31 April 3, 1998

INTERVENOR'S COMPLAINT by Intervenor Shawn Hogya [3:97-cv-00961] (lcc, COURT STAFF) (Entered: 04/07/1998)

RECAP
32 April 22, 1998

ANSWER by defendant UPS to complaint in intervention by Shawn Hogya [31-1] [3:97-cv-00961] (RS, COURT STAFF) (Entered: 04/24/1998)

RECAP
33 April 27, 1998

STIPULATION and ORDER by Judge Fern M. Smith: That defendant UPS may file an amended answer. (cc: all counsel) [3:97-cv-00961] (lcc, COURT STAFF) (Entered: 04/28/1998)

RECAP
34 April 27, 1998

FIRST AMENDED ANSWER [32-1] by defendant UPS [3:97-cv-00961] (lcc, COURT STAFF) (Entered: 04/28/1998)

RECAP
35 April 29, 1998

FIRST AMENDED ANSWER [34-1] by defendant UPS [3:97-cv-00961] (lcc, COURT STAFF) (Entered: 04/30/1998)

RECAP
36 July 31, 1998

JOINT STATUS CONFERENCE STATEMENT by Plaintiff EEOC [3:97-cv-00961] (lcc, COURT STAFF) (Entered: 08/03/1998)

RECAP
37 Aug. 7, 1998

MINUTES: (C/R none) (Hearing Date: 8/7/98) Status Conference held. Court GRANTS extension of the Discovery cutoff to 2/1/99 and the filing of dispositive motions to 3/15/99; Pretrial conference set for 2:30 6/28/99; Trial will be held 8:30 7/26/99. Set for 12 days. Order to be prepared by defendant. [3:97-cv-00961] (lcc, COURT STAFF) (Entered: 08/07/1998)

RECAP
38 Sept. 15, 1998

MOTION before Judge Fern M. Smith by Plaintiff EEOC to amend complaint to join teamsters/UPS National Negotiating Committee as party plaintiff with Notice set for 10/23/98 at 10:00 am [3:97-cv-00961] (lcc, COURT STAFF) (Entered: 09/16/1998)

RECAP
39 Sept. 15, 1998

DECLARATION by David T. Kelley on behalf of Plaintiff EEOC in support of motion to amend complaint to join teamsters/UPS National Negotiating Committee as party plaintiff [38-1] [3:97-cv-00961] (lcc, COURT STAFF) (Entered: 09/16/1998)

RECAP
Sept. 15, 1998

RECEIVED Proposed Order (Plaintiff EEOC) re: motion to amend complaint to join teamsters/UPS National Negotiating Committee as party plaintiff [38-1] [3:97-cv-00961] (lcc, COURT STAFF)

40 Sept. 17, 1998

RENOTICE of hearing by Plaintiff EEOC re motion to amend complaint to join teamsters/UPS National Negotiating Committee as party plaintiff [38-1]; hearing set for 10:00 11/6/98 [3:97-cv-00961] (lcc, COURT STAFF) (Entered: 09/18/1998)

RECAP
Oct. 6, 1998

RECEIVED Proposed Pretrial Order (defendant UPS) [3:97-cv-00961] (lcc, COURT STAFF)

41 Oct. 9, 1998

PRETRIAL ORDER by Judge Fern M. Smith: Discovery cutoff set for 2/1/99; cutoff date for expert discovery is 2/1/99; Deadline for dispositive motion filings is 3/15/99; Pretrial conference set for 2:30 6/28/99; Trial will be held 8:30 7/26/99. Trial lenth is estimated to be twelve (12) days (Court). (Date Entered: 10/9/98) (cc: all counsel) [3:97-cv-00961] (lcc, COURT STAFF) (Entered: 10/09/1998)

RECAP
42 Oct. 16, 1998

CROSS-MOTION by defendant UPS to join the local unions with Notice set for 11/6/98 at 10:00 am [3:97-cv-00961] (lcc, COURT STAFF) (Entered: 10/16/1998)

RECAP
43 Oct. 16, 1998

DECLARATION by Edward R. Lenhart on behalf of defendant UPS in support of opposition [42-1] and cross-motion to join the local unions [42-1] [3:97-cv-00961] (lcc, COURT STAFF) (Entered: 10/16/1998)

RECAP
Oct. 16, 1998

RECEIVED Proposed Order (defendant UPS) re: cross-motion to join the local unions [42-1] [3:97-cv-00961] (lcc, COURT STAFF)

Oct. 16, 1998

RECEIVED Proposed Order (defendant UPS) dismissing plaintiff's motion to amend complaint to join teamsters/UPS National Negotiating Committee as party plaintiff [38-1] [3:97-cv-00961] (lcc, COURT STAFF)

44 Oct. 22, 1998

PROOF OF SERVICE by defendant UPS of opposition [42-1], cross-motion to join the local unions [42-1], declaration [43-1], orders received [0-0], [0-0] [3:97-cv-00961] (lcc, COURT STAFF) (Entered: 10/22/1998)

RECAP
45 Oct. 28, 1998

ORDER by Judge Fern M. Smith CONTINUING hearing on plaintiff's motion to amend complaint to join teamsters/UPS National Negotiating Committee as party plaintiff [38-1] and defendant's cross-motion to join the local unions [42-1] to 10:00 12/11/98. (cc: all counsel) [3:97-cv-00961] (lcc, COURT STAFF) (Entered: 11/02/1998)

RECAP
46 Nov. 6, 1998

REPLY by Plaintiff EEOC in support of motion to amend complaint to join teamsters/UPS National Negotiating Committee as party plaintiff [38-1] [3:97-cv-00961] (lcc, COURT STAFF) (Entered: 11/09/1998)

RECAP
47 Nov. 6, 1998

DECLARATION by Carolyn Robinson on behalf of Plaintiff EEOC in support of motion to amend complaint to join teamsters/UPS National Negotiating Committee as party plaintiff [38-1] [3:97-cv-00961] (lcc, COURT STAFF) (Entered: 11/09/1998)

RECAP
48 Nov. 6, 1998

SECOND DECLARATION by David T. Kelley on behalf of Plaintiff EEOC in support motion to amend complaint to join teamsters/UPS National Negotiating Committee as party plaintiff [38-1] [3:97-cv-00961] (lcc, COURT STAFF) (Entered: 11/09/1998)

RECAP
49 Nov. 10, 1998

REPLY Memorandum by Intervenor Shawn Hogya in support of defendant EEOC's motion to amend complaint to join teamsters/UPS National Negotiating Committee as party plaintiff [38-1] [3:97-cv-00961] (lcc, COURT STAFF) (Entered: 11/16/1998)

RECAP
Nov. 12, 1998

RECEIVED Proposed Order (defendant UPS) permitting defendant UPS to file a sur-reply in opposition to plaintiff's motion to amend complaint to join teamsters/UPS National Negotiating Committee as party plaintiff [38-1] and in support of cross-motion to join the local unions [42-1] [3:97-cv-00961] (lcc, COURT STAFF)

50 Nov. 13, 1998

LETTER dated 11/12/98 from Patricia S. Radez to Judge Fern M. Smith that the parties have agreed to allow, with the Court's permission, defendant UPS, Inc. to file a Sur-Reply in Opposition to Plaintiffs' Joinder Motion on or before 11/27/98. [3:97-cv-00961] (lcc, COURT STAFF) (Entered: 11/17/1998)

RECAP
51 Nov. 13, 1998

ORDER by Judge Fern M. Smith: That Defendant United Parcel Service may file and serve a Sur-Reply in Opposition to Plaintiff's Motion to Join the Teamsters United Parcel Service National Negotiating Committee and in Support of Defendant's Cross-Motion to Join the Local Unions on or before on 11/27/98. (cc: all counsel) [3:97-cv-00961] (lcc, COURT STAFF) (Entered: 11/17/1998)

RECAP
52 Nov. 25, 1998

SUR-REPLY by defendant UPS to motion to amend complaint to join teamsters/UPS National Negotiating Committee as party plaintiff [38-1] [3:97-cv-00961] (lcc, COURT STAFF) (Entered: 11/25/1998)

RECAP
53 Nov. 25, 1998

DECLARATION by Patricia S. Radez on behalf of defendant UPS in opposition to motion to amend complaint to join teamsters/UPS National Negotiating Committee as party plaintiff [38-1] [3:97-cv-00961] (lcc, COURT STAFF) (Entered: 11/25/1998)

RECAP
54 Nov. 25, 1998

DECLARATION by David Nester on behalf of defendant UPS in opposition to motion to amend complaint to join teamsters/UPS National Negotiating Committee as party plaintiff [38-1] [3:97-cv-00961] (lcc, COURT STAFF) (Entered: 11/25/1998)

RECAP
55 Nov. 25, 1998

SECOND DECLARATION by Edward R. Lenhart on behalf of defendant UPS in support of opposition [42-1] and cross-motion to join the local unions [42-1] [3:97-cv-00961] (lcc, COURT STAFF) (Entered: 11/25/1998)

RECAP
56 Nov. 30, 1998

DECLARATION by Linda S. Ordonio-Dixon on behalf of Plaintiff EEOC in support of motion to amend complaint to join teamsters/UPS National Negotiating Committee as party plaintiff [38-1] [3:97-cv-00961] (lcc, COURT STAFF) (Entered: 11/30/1998)

RECAP
57 Dec. 14, 1998

MINUTES: (C/R - Rhonda Aquilina) (Hearing Date: 12/11/98) That plaintiff's motion to amend complaint to join teamsters/UPS National Negotiating Committee as party plaintiff [38-1] is SUBMITTED. [3:97-cv-00961] (lcc, COURT STAFF) (Entered: 12/15/1998)

RECAP
59 Dec. 17, 1998

STIPULATION and ORDER by Judge Fern M. Smith: Deadline for motions for summary judgment filings is 3/1/99; oppositions due 3/29/99 and replies due 4/12/99; Motions will be heard by 10:00 4/30/99; Discovery cutoff set for 9/7/99; cutoff date for expert discovery is 9/7/99; additional dispositive motions to be filed by 9/30/99. Early December 1999 - Pre-trial Conference and Mid-January 2000 - Trial. (cc: all counsel) [3:97-cv-00961] (lcc, COURT STAFF) (Entered: 12/18/1998)

RECAP
58 Dec. 18, 1998

LETTER dated 12/7/98 from Patricia S. Radez to Judge Fern M. Smith seeking a protective order limiting the number of depositions to be taken and establishing a reasonable schedule to accomplish the depositions which are required and further seeking an extension of the discovery and trial deadlines now set in this matter. [3:97-cv-00961] (lcc, COURT STAFF) (Entered: 12/18/1998)

RECAP
60 Dec. 23, 1998

LETTER dated 12/14/98 from Patricia S. Radez to Judge Fern M. Smith attaching decision in Willis v. Pacific Maritime Association, et al and Gomez v. Pacific Maritime Association, et al to the Court's attention in connection with plaintiff's pending motion to join the Teamsters/UPS National Negotiating Committee as a party plaintiff. [3:97-cv-00961] (lcc, COURT STAFF) (Entered: 12/28/1998)

RECAP
61 Dec. 23, 1998

ORDER by Judge Fern M. Smith DENYING plaintiff's motion to amend complaint to join teamsters/UPS National Negotiating Committee as party plaintiff [38-1], DENYING defendant's cross-motion to join the local unions [42-1], with the proviso that an adequately supported motion may be re-submitted at a later time. (cc: all counsel) [3:97-cv-00961] (lcc, COURT STAFF) (Entered: 12/28/1998)

RECAP
Feb. 11, 1999

RECEIVED Stipulation and Proposed Order (Plaintiff EEOC) for temporary stay of proceedings [3:97-cv-00961] (lcc, COURT STAFF)

62 Feb. 12, 1999

LETTER dated 2/2/99 from David T. Kelley to Judge Fern M. Smith writing on behalf of counsel for all parties and requesting that this lawsuit be stayed pending the decisions of the Supreme Court in these cases. [3:97-cv-00961] (lcc, COURT STAFF) (Entered: 02/12/1999)

RECAP
63 Feb. 12, 1999

STIPULATION and ORDER by Judge Fern M. Smith: STAYING this lawsuit pending the decisions of the Supreme Court. (cc: all counsel) [3:97-cv-00961] (lcc, COURT STAFF) (Entered: 02/16/1999)

RECAP
64 Feb. 19, 1999

CERTIFICATE OF SERVICE by Plaintiff EEOC of stipulation order [63-2] [3:97-cv-00961] (lcc, COURT STAFF) (Entered: 02/19/1999)

RECAP
65 July 6, 1999

CLERK'S NOTICE of impending reassignment to a United States District Judge. All currently calendared dates before Judge Fern M. Smith are VACATED. [3:97-cv-00961] (lcc, COURT STAFF) (Entered: 07/08/1999)

RECAP
66 Aug. 19, 1999

REASSIGNMENT ORDER by Assignment Committee: Case reassigned to Judge William H. Alsup ( Date Entered: 8/20/99) (cc: all counsel) [3:97-cv-00961] (slh, COURT STAFF) (Entered: 08/20/1999)

RECAP
67 Aug. 20, 1999

ORDER by Judge William H. Alsup for counsel to submit a joint status report within 15 days. (Date Entered: 8/23/99) (cc: all counsel) [3:97-cv-00961] (slh, COURT STAFF) (Entered: 08/23/1999)

RECAP
68 Aug. 27, 1999

CERTIFICATE OF SERVICE by Plaintiff of reassignment order [66-1] [3:97-cv-00961] (slh, COURT STAFF) (Entered: 08/30/1999)

RECAP
69 Sept. 7, 1999

JOINT STATUS REPORT filed by Plaintiff [3:97-cv-00961] (slh, COURT STAFF) (Entered: 09/08/1999)

RECAP
73 Sept. 17, 1999

CLERK'S NOTICE Case Management conference set 10/1/99 10 a.m. [3:97-cv-00961] (ab, COURT STAFF) (Entered: 10/07/1999)

RECAP
70 Sept. 24, 1999

PROOF OF SERVICE by Plaintiff of clerk's notice [3:97-cv-00961] (slh, COURT STAFF) (Entered: 09/27/1999)

RECAP
Sept. 28, 1999

RECEIVED Stipulation and Proposed Order (submitted by defendant) to postpone case management conference. [3:97-cv-00961] (slh, COURT STAFF)

71 Sept. 29, 1999

STIPULATION and ORDER by Judge William H. Alsup to postpone case managment conference; Case Management Conference set for 11:00 10/14/99 (cc: all counsel) [3:97-cv-00961] (slh, COURT STAFF) (Entered: 09/30/1999)

RECAP
72 Oct. 4, 1999

NOTICE by defendant of entry of order to postpone case management conference [71-1] [3:97-cv-00961] (slh, COURT STAFF) (Entered: 10/04/1999)

RECAP
75 Oct. 14, 1999

MINUTES: CASE MANAGEMENT CONFERENCE; (C/R Rosita Flores) (Hearing Date: 10/14/99); Discovery cutoff set for 5/5/00; Deadline for all motion filings is 6/8/00; Pretrial conference set for 2:30pm on 8/7/00; Trial will be held 8:00am on 9/18/00 [3:97-cv-00961]; parties agree to participate in mediation with an outside mediator; per order by Judge Smith the liability and damages shall be bifurcated at trial (bug, COURT STAFF) Modified on 10/19/1999 (Entered: 10/19/1999)

RECAP
Oct. 14, 1999

Docket Modification (Administrative) to Scheduling order Discovery cutoff set for 5/5/00; Deadline for all motion filings is 6/8/00; Pretrial conference set for 2:30pm on 8/7/00; Trial will be held 8:00am on 9/18/00 [75-1], minutes [75-2]; stay is LIFTED [3:97-cv-00961] (bug, COURT STAFF)

74 Oct. 15, 1999

CASE MANAGEMENT ORDER by Judge William H. Alsup: Discovery cutoff 5/5/00; All dispositive motions will be filed by 6/8/00; Pre-trial conference will be held 2:30 8/7/00; Trial set for 8:00 9/18/00 ; Est.trial days: 10-15 days (cc: all counsel) [3:97-cv-00961] (slh, COURT STAFF) (Entered: 10/19/1999)

RECAP
76 Nov. 1, 1999

NOTICE OF MOTION AND MOTION before Judge William H. Alsup by applicant-intervenors James Aikens, James Franics and Chris Wilson for leave to intervene with Notice set for 12/10/99 to 8:00 [3:97-cv-00961] (slh, COURT STAFF) Modified on 11/02/1999 (Entered: 11/02/1999)

RECAP
77 Nov. 1, 1999

MEMORANDUM OF POINTS AND AUTHORITIRES in support of motion for leave to intervene [76-1] [3:97-cv-00961] (slh, COURT STAFF) (Entered: 11/02/1999)

RECAP
78 Nov. 1, 1999

DECLARATION by John J. Mavredakis in support of motion for leave to intervene [76-1] [3:97-cv-00961] (slh, COURT STAFF) (Entered: 11/02/1999)

RECAP
79 Nov. 1, 1999

PROOF OF SERVICE of motion for leave to intervene [76-1], memorandum [77-1], declaration [78-1] [3:97-cv-00961] (slh, COURT STAFF) (Entered: 11/02/1999)

RECAP
80 Nov. 8, 1999

RENOTICE of hearing by applicant-intervenors James Aikens, James Francis, and Chris Wilson setting motion for leave to intervene [76-1]; hearing set for 8:00 12/9/99 [3:97-cv-00961] (slh, COURT STAFF) (Entered: 11/09/1999)

RECAP
81 Nov. 18, 1999

OPPOSITION by defendant to motion for leave to intervene [76-1] [3:97-cv-00961] (slh, COURT STAFF) (Entered: 11/19/1999)

RECAP
82 Nov. 29, 1999

REPLY memorandum by James Aikens, James Francis, Chris Wilson to opposition to motion for leave to intervene [76-1] [3:97-cv-00961] (RS, COURT STAFF) (Entered: 12/03/1999)

RECAP
83 Nov. 29, 1999

SUPPLEMENTAL DECLARATION by John J. Mavredakis on behalf of James Aikens, James Francis, Chris Wilson re motion reply [82-1] [3:97-cv-00961] (RS, COURT STAFF) (Entered: 12/03/1999)

RECAP
84 Nov. 29, 1999

PROOF OF SERVICE by James Aikens, James Francis, Chris Wilson of declaration [83-1], motion reply [82-1] [3:97-cv-00961] (RS, COURT STAFF) (Entered: 12/03/1999)

RECAP
85 Nov. 29, 1999

Statement by Plaintiff EEOC in NON-Opposition to motion for leave to intervene [76-1] [3:97-cv-00961] (RS, COURT STAFF) (Entered: 12/03/1999)

RECAP
86 Dec. 9, 1999

MINUTES: (C/R Diane Skillman) (Hearing Date: 12/9/99); motion for leave to intervene [76-1] is GRANTED [3:97-cv-00961] (bug, COURT STAFF) (Entered: 12/13/1999)

RECAP
87 Dec. 9, 1999

ORDER GRANTING MOTION FOR LEAVE TO INTERVENE by Judge William H. Alsup: for the foregoing reasons the COURT GRANTS the motion for leave to intervene; the Applicant Intervenors may file complaints in intervention asserting individual claims under the ADA and FEHA; the Court does not reach whether it will exercise supplemental jurisdiction over the state law claims should it turn out that there is no jurisdiction based on diversity (Date Entered: 12/14/99) (cc: all counsel) [3:97-cv-00961] (bug, COURT STAFF) (Entered: 12/14/1999)

RECAP
88 Feb. 24, 2000

ORDER by Judge William H. Alsup setting deadline for filing of intervenor's complaint for 3/10/00 [76-1] ( Date Entered: 3/6/00) (cc: all counsel) [3:97-cv-00961] (RS, COURT STAFF) (Entered: 03/06/2000)

RECAP
89 Feb. 29, 2000

INTERVENOR'S COMPLAINT by Intervenors Shawn Hogya, James Aikens, James Francis and Chris Wilson [3:97-cv-00961] (RS, COURT STAFF) (Entered: 03/06/2000)

RECAP

Case Details

State / Territory:

California

Case Type(s):

Equal Employment

Disability Rights

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: March 20, 1997

Case Ongoing: Unknown

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: No

Class Action Outcome: Not sought

Defendants

Private Entity/Person

United Parcel Service

United Parcel Service

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Other Dockets:

Northern District of California 3:97-cv-00961

Northern District of California 3:01-cv-01730

U.S. Court of Appeals for the Ninth Circuit 06-16958

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

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