Case: EEOC v. FEDERAL EXPRESS CORPORATION aka FEDEX

2:98-cv-02235 | U.S. District Court for the Western District of Tennessee

Filed Date: March 9, 1998

Closed Date: 1999

Clearinghouse coding complete

Case Summary

On March 9, 1998, the Washington D.C. and Memphis offices of the Equal Employment Opportunity Commission filed a lawsuit under Title VII and the Americans with Disabilities Act against Federal Express Corporation in the U.S. District Court for the Western District of Tennessee. The EEOC alleged that the defendants had violated the rights of the complainant by discriminating against him on the basis of his deafness.On July 9, 1998, the complainant intervened in the lawsuit, but on January 12, 1…

On March 9, 1998, the Washington D.C. and Memphis offices of the Equal Employment Opportunity Commission filed a lawsuit under Title VII and the Americans with Disabilities Act against Federal Express Corporation in the U.S. District Court for the Western District of Tennessee. The EEOC alleged that the defendants had violated the rights of the complainant by discriminating against him on the basis of his deafness.

On July 9, 1998, the complainant intervened in the lawsuit, but on January 12, 1999, he agreed to a stipulated dismissal of his private claims against the defendants. On April 8, 1999, the parties reached a consent decree. Under the terms of the decree, the defendants were prohibited from discriminating or retaliating against any individual who complained of discrimination. The defendants agreed to revise their recruitment and application practices to accommodate applicants who were hearing impaired. The defendant also agreed to post notice of employment discrimination laws in a conspicuous place for their employees. Within 30 days of the execution of the consent decree, the defendant agreed to write a letter to the Regional Attorney in this litigation detailing all measures that they took to comply with the decree.

Summary Authors

Justin Kanter (2/22/2008)

Documents in the Clearinghouse

Document

2:98-cv-02235

Docket (PACER)

EEOC v. Fed Express Corp

April 8, 1999

April 8, 1999

Docket
28

2:98-cv-02235

Stipulated Order of Dismissal as to Intervening Plaintiff, Robert H. Cook, Jr.

EEOC v. Fed Express Corp

Jan. 12, 1999

Jan. 12, 1999

Order/Opinion
36

2:98-cv-02235

Order on Plaintiff's Motion to Compel

EEOC v. Fed Express Corp

Jan. 27, 1999

Jan. 27, 1999

Order/Opinion
55

2:98-cv-02235

Consent Decree

EEOC v. Fed Express Corp

April 8, 1999

April 8, 1999

Settlement Agreement

Resources

Docket

Last updated Aug. 29, 2022, 3:18 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed; 42:2000e (Former Emp) (Entered: 03/11/1998)

March 9, 1998

March 9, 1998

2

WAIVER OF SERVICE OF SUMMONS by defendant Federal Express Corporation signed 3/19/98 (Former Emp) (Entered: 04/03/1998)

April 2, 1998

April 2, 1998

3

DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT by defendant Fed Express Corp to [1-1]; jury demand (YDS) (Entered: 05/06/1998)

May 5, 1998

May 5, 1998

4

MOTION by plaintiff EEOC for leave to intervene as a party pla by Robert H. Cook, Jr. (YDS) (Entered: 06/16/1998)

June 15, 1998

June 15, 1998

5

MEMORANDUM by plaintiff EEOC in support of motion for leave to intervene as a party pla by Robert H. Cook, Jr. [4-1] (YDS) (Entered: 06/16/1998)

June 15, 1998

June 15, 1998

6

MOTION w/Certificate in Good Standing and exhibits by intervenor plaintiff Robert H. Cook Jr. for attorney Marc Charmatz to appear pro hac vice (YDS) (Entered: 06/16/1998)

June 15, 1998

June 15, 1998

FILING FEE PAID: on 6/15/98 in the amount of $ 10.00, receipt # 039154 by Marc Charmatz for intvp Robert H. Cook, Jr. (YDS) (Entered: 06/16/1998)

June 15, 1998

June 15, 1998

7

ORDER OF SPECIAL ADMISSION by Chief Judge Julia S. Gibbons granting motion for attorney Marc Charmatz to appear pro hac vice [6-1] ...it is therefore, ordered, adjudged and decreed that Marc Charmatz be admitted specially for the purpose of acting as attorney for a case in this Court on behalf of intvp Robert H. Cook, Jr.(cc: all counsel) (YDS) (Entered: 06/17/1998)

June 17, 1998

June 17, 1998

8

SETTING LETTER ; scheduling conference set for 9:00a on 7/8/98 (YDS) (Entered: 06/18/1998)

June 18, 1998

June 18, 1998

10

ATTORNEY SUBSTITUTION: terminating attorney Pamela D. Pitts for Fed Express Corp and substituting attorney James R. Mulroy II (YDS) (Entered: 07/09/1998)

July 8, 1998

July 8, 1998

9

ORDER GRANTING LEAVE TO INTERVENE AS PARTY PLAINTIFF by Chief Judge Julia S. Gibbons granting motion for leave to intervene as a party pla by Robert H. Cook, Jr. [4-1] ...Ordered, Adjudged, and Decreed that said motion is hereby Granted. (cc: all counsel) (YDS) (Entered: 07/09/1998)

July 9, 1998

July 9, 1998

11

SETTING LETTER : Scheduling Conference reset for 9:00a on 8/26/98 (YDS) (Entered: 07/30/1998)

July 29, 1998

July 29, 1998

12

RULE 26 Disclosures Report by EEOC, Fed Express Corp, Robert H. Cook Jr. (YDS) (Entered: 08/25/1998)

Aug. 24, 1998

Aug. 24, 1998

14

MINUTES: Status Conference: file stamp 8/27/98; discovery ddl set 3/19/99 motion filing ddl set 4/16/99, disclosure of expert witness info all parties ddl 2/19/99; jury trial set 7/26/99, est 2-3 days; Case may settle, Settlement conference before Mag Judge in 60 days Presiding Judge: Gibbons Pla Atty: Celia Liner/David Rudolph ; Dft Atty: Jim Mulroy C/R: Mark Dodson (YDS) (Entered: 08/28/1998)

Aug. 26, 1998

Aug. 26, 1998

13

SCHEDULING ORDER 16(b) Chief Judge Julia S. Gibbons ; dispositive motion filing deadline set for 4/16/99 ; discovery deadline set for 3/19/99, expert witness disclosures ddl 2/19/99 ; jury trial set for 7/26/99, case will take 2 to 3 days ; the Mag Judge will conduct a settlement conference in sixty days (cc: all counsel) (YDS) (Entered: 08/28/1998)

Aug. 28, 1998

Aug. 28, 1998

15

RULE 26 Disclosures by Robert H. Cook Jr. (YDS) (Entered: 09/10/1998)

Sept. 9, 1998

Sept. 9, 1998

16

SETTING LETTER: Settlement Conference set for 10:00 10/29/98, Rm 338 before Mag Judge Allen (YDS) (Entered: 10/05/1998)

Oct. 1, 1998

Oct. 1, 1998

17

MOTION by defendant Fed Express Corp to dismiss , or in the alternative for partial summary judgment (YDS) (Entered: 10/28/1998)

Oct. 27, 1998

Oct. 27, 1998

18

MEMORANDUM by defendant Fed Express Corp in support of motion to dismiss [17-1], or in the alternative motion for partial summary judgment [17-2] w/attachments (Document Placed in a Separate Folder) (YDS) (Entered: 10/28/1998)

Oct. 27, 1998

Oct. 27, 1998

19

MOTION by plaintiff EEOC to extend time to respond to dft's Motion to Dismiss Or In The Alternative Motion for Summary Judgment for 30 days from the entry of the order (YDS) (Entered: 12/01/1998)

Nov. 30, 1998

Nov. 30, 1998

20

MOTION by intervenor plaintiff Robert H. Cook Jr. to extend time to respond to dft's Motion to Dismiss or In the Alternative Motion for Summary Judgment for 30 days from the entry of the Order (YDS) (Entered: 12/01/1998)

Nov. 30, 1998

Nov. 30, 1998

21

ORDER GRANTING PLAINTIFF EEOC'S UNOPPOSED MOTION FOR AN EXTENSION OF TIME TO RESPOND by Chief Judge Julia S. Gibbons granting motion to extend time to respond to dft's Motion to Dismiss Or In The Alternative Motion for Summary Judgment for 30 days from the entry of the order [19-1] ...It is hereby Ordered that pla's Motion for an Extension of Time to Respond is Granted and that pla's response to dft's motion is extended for an additional 30 days from the date of this Order. (cc: all counsel) (YDS) (Entered: 12/07/1998)

Dec. 4, 1998

Dec. 4, 1998

22

ORDER GRANTING PLAINTIFF ROBERT H. COOK, JR'S UNOPPOSED MOTION FOR EXTENSION OF TIME by Chief Judge Julia S. Gibbons granting motion to extend time to respond to dft's Motion to Dismiss or In the Alternative Motion for Summary Judgment for 30 days from the entry of the Order [20-1] ....It is hereby Ordered, that pla's motion for extension of time is granted and that pla's response to dft's motion to dismiss or in the alternative motion for summary judgment is extended for an additional thirty days from the date of this Order. (cc: all counsel) (YDS) (Entered: 12/07/1998)

Dec. 4, 1998

Dec. 4, 1998

23

SETTING LETTER : pretrial order deadline set for 7/9/99 : pretrial conference set for 7/16/99 at 9:00 : jury trial set for 7/26/99 at 9:30; Courtroom 1 (YDS) (Entered: 12/21/1998)

Dec. 21, 1998

Dec. 21, 1998

24

LETTER/Supplement to Confidential Mediation Statement from defendant Fed Express Corp addressed to Mag Judge Allen; confidential settlement has been reached as to Robert H. Cook, Jr. (YDS) Modified on 01/13/1999 (Entered: 01/05/1999)

Jan. 4, 1999

Jan. 4, 1999

25

RESPONSE by plaintiff EEOC to motion to dismiss [17-1], to motion for partial summary judgment [17-2] w/exhibits attached (Former Emp) (Entered: 01/05/1999)

Jan. 5, 1999

Jan. 5, 1999

26

MOTION by plaintiff EEOC to compel responses to its first interrogatories to dft and first request for production of documents and things and entry upon land for inspection and other purposes (YDS) (Entered: 01/08/1999)

Jan. 7, 1999

Jan. 7, 1999

27

MEMORANDUM by plaintiff EEOC in support of motion to compel responses to its first interrogatories to dft and first request for production of documents and things and entry upon land for inspection and other purposes [26-1] w/exhibit attached (YDS) (Entered: 01/08/1999)

Jan. 7, 1999

Jan. 7, 1999

28

STIPULATED ORDER OF DISMISSAL AS TO INTERVENING PLAINTIFF, ROBERT H. COOK, JR. by Chief Judge Julia S. Gibbons : ...stipulate to the dismissal with prejudice of pla's complaint in intervention as a party pla in this action. Each of the parties is to bear their own costs and attorney's fees. It is stipulated that the parties agree that this Court shall retain jurisdiction to enforce the terms of the Settlement Agreement and Release, if needed. dismissing party Robert H. Cook (cc: all counsel) (YDS) Modified on 02/03/1999 (Entered: 01/13/1999)

Jan. 12, 1999

Jan. 12, 1999

29

ORDER OF REFERENCE by Chief Judge Julia S. Gibbons referring to Mag Judge James H. Allen the motion to compel responses to its first interrogatories to dft and first request for production of documents and things and entry upon land for inspection and other purposes [26-1] ...This matter is hereby referred to the US Mag Judge for a determination. Any exceptions to the Mag Judge's order shall be made by motion within ten days of the order. Furthermore, all exceptions shall be stated with particularity. (cc: all counsel) (YDS) (Entered: 01/13/1999)

Jan. 12, 1999

Jan. 12, 1999

30

RESPONSE by defendant Fed Express Corp to motion to compel responses to its first interrogatories to dft and first request for production of documents and things and entry upon land for inspection and other purposes [26-1] (YDS) (Entered: 01/15/1999)

Jan. 14, 1999

Jan. 14, 1999

31

MOTION by defendant Fed Express Corp to file reply brief to pla's response to dft's motion to dismiss on or before 1/26/99 (YDS) (Entered: 01/15/1999)

Jan. 14, 1999

Jan. 14, 1999

32

MEMORANDUM by defendant Fed Express Corp in support of motion to file reply brief to pla's response to dft's motion to dismiss on or before 1/26/99 [31-1] (YDS) (Entered: 01/15/1999)

Jan. 14, 1999

Jan. 14, 1999

34

ORDER GRANTING DEFENDANT'S MOTION TO FILE REPLY BRIEF by Chief Judge Julia S. Gibbons granting motion to file reply brief to pla's response to dft's motion to dismiss on or before 1/26/99 [31-1] - It is hereby ordered that dft is given until 1/26/99 to file its reply brief. (cc: all counsel) (YDS) (Entered: 01/19/1999)

Jan. 15, 1999

Jan. 15, 1999

35

DEFENDANT'S REPLY TO EEOC'S RESPONSE TO DEFENDANT'S MOTION TO DISMISS [17-1]...EEOC's contention is without merit. The evidence submitted to the Court amply reflects the inconsistent posturing by the EEOC in this particular case. (Former Emp) (Entered: 01/29/1999)

Jan. 26, 1999

Jan. 26, 1999

36

ORDER ON PLAINTIFF'S MOTION TO COMPEL (FILED 1/7/99) by Mag Judge James H. Allen granting and denying motion to compel responses to its first interrogatories to dft and first request for production of documents and things and entry upon land for inspection and other purposes [26-1] ...The EEOC is hereby Authorized to record by video, photograph, or other like means two of FedEx's application processes, whether on FedEx's premises or upon their "vendor's" premises. Any video, photographs or other records of these two application processes, must be kept in the possession of counsel for pla EEOC, or his/her staff...with the proviso that FedEx need not provide information regarding those individuals "compiling" the information responsive to these discovery requests, FedEx msut submit a further, more detailed response to Interrogatory number 1 within 20 days of the docketing of this order...FedEx will not be required to further respond to Interrogatory number 3...FedEx will not be required to further respond to Interrogatory number 4...the EEOC's motion to compel FedEx to more fully respond to Interrogatory number 5 is Denied...the EEOC's motion to compel FedEx to more fully respond to Interrogatory number 6-8 is Denied...FedEx is directed to provide a response to Interrogatory number 10 to the EEOC within 20 days of the docketing of this order...FedEx is given 20 days from the date of the docketing of tis order to more fully respond to Interrogatory number 11...FedEx is ordered to more fully respond to Request for Production number 2 within 20 days of the docketing of this order...FedEx will not be required to further respond to Request for Production number 4; FedEx must therefore supplement its response to Production number 5 - Request within 20 days of the docketing of this order. (cc: all counsel) (YDS) (Entered: 01/29/1999)

Jan. 27, 1999

Jan. 27, 1999

37

AFFIDAVIT of David W. Huffer (YDS) (Entered: 02/02/1999)

Jan. 29, 1999

Jan. 29, 1999

38

MOTION by defendant Fed Express Corp for a protective order to stay discovery w/exhibit attached (YDS) (Entered: 02/10/1999)

Feb. 10, 1999

Feb. 10, 1999

39

MEMORANDUM of Fact and Law by defendant Fed Express Corp in support of motion for a protective order to stay discovery [38-1] (YDS) (Entered: 02/10/1999)

Feb. 10, 1999

Feb. 10, 1999

40

SETTING LETTER : Settlement Conference set for 10:00a 3/29/99, Rm 338 (YDS) (Entered: 02/22/1999)

Feb. 22, 1999

Feb. 22, 1999

41

RESPONSE by plaintiff EEOC in opposition to motion for a protective order to stay discovery [38-1] (YDS) (Entered: 02/23/1999)

Feb. 22, 1999

Feb. 22, 1999

43

ORDER GRANTING PLAINTIFF EEOC'S MOTION FOR EXTENSION OF TIME TO MAKE EXPERT WITNESS DISCLOSURES by Chief Judge Julia S. Gibbons granting motion to extend time for expert witness disclosures to 2/26/99 [42-1] ...It is hereby Ordered that pla's motion for extension to time is Granted, and that the Rule 16(b) Scheduling Order is modified making expert witness disclosures required by 2/26/99. (cc: all counsel) (YDS) (Entered: 02/24/1999)

Feb. 24, 1999

Feb. 24, 1999

44

NOTICE by plaintiff EEOC of taking deposition of Patti S. Price on 3/16/99 @ 9:00 a.m. (EHG) (Entered: 03/11/1999)

March 11, 1999

March 11, 1999

45

NOTICE by plaintiff EEOC of taking deposition of Renee Beech on 3/16/99 @ 1:00 p.m. (EHG) (Entered: 03/11/1999)

March 11, 1999

March 11, 1999

46

NOTICE by plaintiff EEOC of taking deposition of Carol Kiser on 3/15/99 @ 1:00 p.m. (EHG) (Entered: 03/11/1999)

March 11, 1999

March 11, 1999

47

AMENDED NOTICE by plaintiff EEOC of taking deposition of David Huffer on 3/15/99 @ 9:00 a.m. (EHG) (Entered: 03/11/1999)

March 11, 1999

March 11, 1999

48

ORDER CLARIFYING ORDER ON PLAINTIFF'S MOTION TO COMPEL (FILED 1/7/99).. by Mag Judge James H. Allen re [26-1] ..The intention of the order was to require FedEx to answer the interrogatory, which includes the names, addresses, and telephone numbers for the identified employees. (cc: all counsel) (EHG) (Entered: 03/11/1999)

March 11, 1999

March 11, 1999

49

NOTICE by defendant Fed Express Corp of taking deposition of Kathleen Warden on 3/19/99 @ 9:00 a.m. (EHG) (Entered: 03/12/1999)

March 11, 1999

March 11, 1999

50

ORDER DENYING MOTION TO STAY DISCOVERY... by Chief Judge Julia S. Gibbons ...The timing of this motion to stay, however, serves only to disrupt needlessly a case in which discovery is fast moving toward completion. Federal Express will gain no great benefit from a stay of discovery, and plaintiff's efforts to complete discovery in a timely way will be jeopardized by the stay. Moreover, the motion to stay has provided an unjustifiable distraction for the parties at a time when prompt action on discovery matters is necessary. The motion to stay is denied. [38-1] (cc: all counsel) (EHG) (Entered: 03/12/1999)

March 12, 1999

March 12, 1999

51

NOTICE by defendant Fed Express Corp of taking deposition of W.S. Grabon, W.P. Brown, Doris Wood and Robert Stevenson on 3/19/99 (EHG) (Entered: 03/12/1999)

March 12, 1999

March 12, 1999

52

RETURN OF SERVICE (USMS form) of deposition subpoena, 3/15/99 (EHG) (Entered: 03/23/1999)

March 22, 1999

March 22, 1999

54

MEMORANDUM by defendant Fed Express Corp in support of motion to strike plaintiff's proposed expert testimony and in Supplemental Support of its Motion for Summary Judgment [53-1] w/attachments [document placed in separate folder] (EHG) (Entered: 03/31/1999)

March 30, 1999

March 30, 1999

53

MOTION by defendant Fed Express Corp to strike plaintiff's proposed expert testimony and to consider this motion and to consider this motion and supporting memorandum on defendant's summary judgment motion (EHG) (Entered: 03/31/1999)

March 31, 1999

March 31, 1999

55

CONSENT DECREE by Chief Judge Julia S. Gibbons : ..A. This Consent Decree resolves all issues and claims arising out of the Commission's Complaint alleging unlawful employment policies and practices at Dft's Memphis, TN facility.. B. The provisions of the Consent Decree will be effective from the date the decree is entered by the court and shall continue to be effective and binging upon the parties to this action for a period of 3 years.. ..The parties will bear their own costs and fees in this action. terminating case (cc: all counsel) (EHG) (Entered: 04/08/1999)

April 8, 1999

April 8, 1999

Case Details

State / Territory: Tennessee

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: March 9, 1998

Closing Date: 1999

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Private Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal Express Corporation, Private Entity/Person

Case Details

Causes of Action:

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

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

Availably Documents:

Trial Court Docket

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1999 - 2002

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Follow recruitment, hiring, or promotion protocols

Utilize objective hiring/promotion criteria

Reporting

Other requirements regarding hiring, promotion, retention

Post/Distribute Notice of Rights / EE Law

Issues

General:

Disparate Treatment

Discrimination-area:

Accommodation / Leave

Hiring

Discrimination-basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit