Case: EEOC v. UNITED PARCEL SERVICE

EEOC v. UPS

EEOC v. United Parcel Service

EEOC v. United Parcel Service

Carly Knight, Frank Dobbin, Alexandra Kalev

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

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)

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)

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

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)

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

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

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)

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

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

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)

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

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

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)

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

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

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)

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)

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)

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)

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)

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

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)

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)

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)

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

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

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

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)

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

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)

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)

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)

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

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

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)

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

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

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

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)

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)

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)

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)

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)

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

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)

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)

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)

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)

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

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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

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)

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)

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

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)

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)

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)

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

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

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

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

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

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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

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)

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)

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)

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)

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)

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)

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)

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)