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 C…

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 attrorneys, see: https://www.courtlistener.com/docket/11652974/parties/eeoc-v-ups/


Judge(s)

Alsup, William Haskell (California)

Judge(s)

Alsup, William Haskell (California)

Documents in the Clearinghouse

Document

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

EEOC v. United Parcel Service

Dec. 12, 2000

Dec. 12, 2000

Order/Opinion
365

3:97-cv-00961

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

EEOC v. United Parcel Service

Dec. 12, 2000

Dec. 12, 2000

Order/Opinion

Resources

Docket

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

Last updated Dec. 19, 2022, 3:24 a.m.

ECF Number Description Date Link Date / Link
1

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

March 20, 1997

March 20, 1997

PACER
2

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)

March 20, 1997

March 20, 1997

PACER
3

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)

April 23, 1997

April 23, 1997

PACER
4

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

May 20, 1997

May 20, 1997

PACER
5

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)

June 13, 1997

June 13, 1997

PACER
6

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

June 17, 1997

June 17, 1997

PACER

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

June 26, 1997

June 26, 1997

PACER
7

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)

June 30, 1997

June 30, 1997

PACER
8

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

June 30, 1997

June 30, 1997

PACER
9

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

July 15, 1997

July 15, 1997

PACER
10

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)

July 28, 1997

July 28, 1997

PACER
11

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

Sept. 2, 1997

Sept. 2, 1997

PACER
12

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

Sept. 8, 1997

Sept. 8, 1997

PACER
13

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)

Sept. 17, 1997

Sept. 17, 1997

PACER

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

Sept. 17, 1997

Sept. 17, 1997

PACER
14

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

Sept. 22, 1997

Sept. 22, 1997

PACER
15

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)

Oct. 9, 1997

Oct. 9, 1997

PACER
16

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)

Oct. 17, 1997

Oct. 17, 1997

PACER
17

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)

Nov. 12, 1997

Nov. 12, 1997

PACER
18

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)

Jan. 5, 1998

Jan. 5, 1998

PACER
19

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)

Jan. 5, 1998

Jan. 5, 1998

PACER
20

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

Jan. 13, 1998

Jan. 13, 1998

PACER
21

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)

Jan. 20, 1998

Jan. 20, 1998

PACER
22

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)

Jan. 20, 1998

Jan. 20, 1998

PACER
23

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)

Jan. 20, 1998

Jan. 20, 1998

PACER

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

Jan. 20, 1998

Jan. 20, 1998

PACER
24

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

Jan. 23, 1998

Jan. 23, 1998

PACER
25

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

Jan. 30, 1998

Jan. 30, 1998

PACER
26

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)

Feb. 9, 1998

Feb. 9, 1998

PACER
27

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

Feb. 13, 1998

Feb. 13, 1998

PACER
28

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)

Feb. 17, 1998

Feb. 17, 1998

PACER
29

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)

Feb. 20, 1998

Feb. 20, 1998

PACER
30

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)

Feb. 25, 1998

Feb. 25, 1998

PACER
31

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

April 3, 1998

April 3, 1998

PACER
32

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

April 22, 1998

April 22, 1998

PACER
33

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)

April 27, 1998

April 27, 1998

PACER
34

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

April 27, 1998

April 27, 1998

PACER
35

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

April 29, 1998

April 29, 1998

PACER
36

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

July 31, 1998

July 31, 1998

PACER
37

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)

Aug. 7, 1998

Aug. 7, 1998

PACER
38

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)

Sept. 15, 1998

Sept. 15, 1998

PACER
39

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)

Sept. 15, 1998

Sept. 15, 1998

PACER

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)

Sept. 15, 1998

Sept. 15, 1998

PACER
40

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)

Sept. 17, 1998

Sept. 17, 1998

PACER

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

Oct. 6, 1998

Oct. 6, 1998

PACER
41

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)

Oct. 9, 1998

Oct. 9, 1998

PACER
42

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)

Oct. 16, 1998

Oct. 16, 1998

PACER
43

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)

Oct. 16, 1998

Oct. 16, 1998

PACER

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

Oct. 16, 1998

PACER

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)

Oct. 16, 1998

Oct. 16, 1998

PACER
44

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)

Oct. 22, 1998

Oct. 22, 1998

PACER
45

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)

Oct. 28, 1998

Oct. 28, 1998

PACER
46

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)

Nov. 6, 1998

Nov. 6, 1998

PACER
47

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)

Nov. 6, 1998

Nov. 6, 1998

PACER
48

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)

Nov. 6, 1998

Nov. 6, 1998

PACER
49

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)

Nov. 10, 1998

Nov. 10, 1998

PACER

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)

Nov. 12, 1998

Nov. 12, 1998

PACER
50

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)

Nov. 13, 1998

Nov. 13, 1998

PACER
51

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)

Nov. 13, 1998

Nov. 13, 1998

PACER
52

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)

Nov. 25, 1998

Nov. 25, 1998

PACER
53

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)

Nov. 25, 1998

Nov. 25, 1998

PACER
54

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)

Nov. 25, 1998

Nov. 25, 1998

PACER
55

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)

Nov. 25, 1998

Nov. 25, 1998

PACER
56

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)

Nov. 30, 1998

Nov. 30, 1998

PACER
57

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)

Dec. 14, 1998

Dec. 14, 1998

PACER
59

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)

Dec. 17, 1998

Dec. 17, 1998

PACER
58

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)

Dec. 18, 1998

Dec. 18, 1998

PACER
60

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)

Dec. 23, 1998

Dec. 23, 1998

PACER
61

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)

Dec. 23, 1998

Dec. 23, 1998

PACER

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

Feb. 11, 1999

Feb. 11, 1999

PACER
62

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)

Feb. 12, 1999

Feb. 12, 1999

PACER
63

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)

Feb. 12, 1999

Feb. 12, 1999

PACER
64

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

Feb. 19, 1999

Feb. 19, 1999

PACER
65

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)

July 6, 1999

July 6, 1999

PACER
66

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)

Aug. 19, 1999

Aug. 19, 1999

PACER
67

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)

Aug. 20, 1999

Aug. 20, 1999

PACER
68

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

Aug. 27, 1999

Aug. 27, 1999

PACER
69

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

Sept. 7, 1999

Sept. 7, 1999

PACER
73

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

Sept. 17, 1999

Sept. 17, 1999

PACER
70

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

Sept. 24, 1999

Sept. 24, 1999

PACER

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

Sept. 28, 1999

Sept. 28, 1999

PACER
71

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)

Sept. 29, 1999

Sept. 29, 1999

PACER
72

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)

Oct. 4, 1999

Oct. 4, 1999

PACER
75

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)

Oct. 14, 1999

Oct. 14, 1999

PACER

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)

Oct. 14, 1999

Oct. 14, 1999

PACER
74

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)

Oct. 15, 1999

Oct. 15, 1999

PACER
76

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)

Nov. 1, 1999

Nov. 1, 1999

PACER
77

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)

Nov. 1, 1999

Nov. 1, 1999

PACER
78

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)

Nov. 1, 1999

Nov. 1, 1999

PACER
79

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)

Nov. 1, 1999

Nov. 1, 1999

PACER
80

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)

Nov. 8, 1999

Nov. 8, 1999

PACER
81

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

Nov. 18, 1999

Nov. 18, 1999

PACER
82

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)

Nov. 29, 1999

Nov. 29, 1999

PACER
83

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)

Nov. 29, 1999

Nov. 29, 1999

PACER
84

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)

Nov. 29, 1999

Nov. 29, 1999

PACER
85

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)

Nov. 29, 1999

Nov. 29, 1999

PACER
86

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)

Dec. 9, 1999

Dec. 9, 1999

PACER
87

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)

Dec. 9, 1999

Dec. 9, 1999

PACER
88

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)

Feb. 24, 2000

Feb. 24, 2000

PACER
89

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)

Feb. 29, 2000

Feb. 29, 2000

PACER

Case Details

State / Territory: California

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: March 20, 1997

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

United Parcel Service, Private Entity/Person

United Parcel Service, Private Entity/Person

Case Details

Causes of Action:

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

Available Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Issues

General:

Disparate Treatment

Discrimination-area:

Hiring

Discrimination-basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit