Case: EEOC v. Physician's Services, Inc.

5:05-cv-00393 | U.S. District Court for the Eastern District of Kentucky

Filed Date: Sept. 27, 2005

Closed Date: 2010

Clearinghouse coding complete

Case Summary

The Louisville and Indianapolis District Offices of the EEOC filed this case in the U.S. District Court for the Eastern District of Kentucky. The defendant was Physicians Services, P.S.C. The complaint alleged that one of the four complainants was harassed on the basis of her sex and disability. When she complained, she was allegedly constructively discharged. The other three complainants were all allegedly forced to resign as a result of complaining on behalf of the first complainant. The …

The Louisville and Indianapolis District Offices of the EEOC filed this case in the U.S. District Court for the Eastern District of Kentucky. The defendant was Physicians Services, P.S.C. The complaint alleged that one of the four complainants was harassed on the basis of her sex and disability. When she complained, she was allegedly constructively discharged. The other three complainants were all allegedly forced to resign as a result of complaining on behalf of the first complainant. The lawsuit was filed in September 2005 and was resolved through a consent decree in January 2007. During the litigation, the defendant moved to compel arbitration, which was denied. EEOC v. Physician Services, P.S.C., 425 F. Supp. 2d 859 (E.D. Ky. 2006). The complainants, who intervened in the case, entered into separate settlement and confidentiality agreements. Under the consent decree, the company had to provide a training session to all its employees, post a notice of rights, and make semi-annual reports to the EEOC. The duration of the consent decree was three years.

The docket sheet does not show any further enforcement took place; the case was presumably closed in 2010.

Summary Authors

Kevin Wilemon (7/29/2007)

People


Judge(s)

Hood, Joseph Martin (Kentucky)

Todd, James B. (Kentucky)

Attorneys(s) for Plaintiff

Bird, Kenneth L (Indiana)

Brown, Kenneth W. (Kentucky)

Eisele, Michelle (Indiana)

Farnsworth, Jo Ann (Indiana)

Lee, James E. (District of Columbia)

Reams, Gwendolyn Young (District of Columbia)

Young, Laurie A (Indiana)

Attorneys(s) for Defendant

Getty, Richard A. (Kentucky)

Judge(s)

Hood, Joseph Martin (Kentucky)

Todd, James B. (Kentucky)

Attorneys(s) for Plaintiff

Bird, Kenneth L (Indiana)

Brown, Kenneth W. (Kentucky)

Eisele, Michelle (Indiana)

Farnsworth, Jo Ann (Indiana)

Lee, James E. (District of Columbia)

Reams, Gwendolyn Young (District of Columbia)

Young, Laurie A (Indiana)

Attorneys(s) for Defendant

Getty, Richard A. (Kentucky)

Johnston, Seth J. (Kentucky)

Winters, Ralph Gary (Ohio)

Other Attorney(s)

Hughes, Elizabeth S. (Kentucky)

Miller, Joseph H. (Kentucky)

Ruzicho, Andrew [Jack] Jack (District of Columbia)

Documents in the Clearinghouse

Document

5:05-cv-00393

Docket [PACER]

EEOC v. Physicians Services, P.S.C.

Jan. 24, 2007

Jan. 24, 2007

Docket
1

5:05-cv-00393

Complaint

EEOC v. Physicians Services, P.S.C.

Sept. 27, 2005

Sept. 27, 2005

Complaint
55-1

06-05583

Order [Dismissing Appeal]

EEOC v. Physicians Services, P.S.C.

U. S. Court of Appeals for the Sixth Circuit

Dec. 27, 2005

Dec. 27, 2005

Order/Opinion
27-1

6:05-cv-00593

Complaint-In-Intervention

EEOC and Sretta Clark, Bonnie Centers, Fran Howard v. Physician Services, P.S.C.

March 1, 2006

March 1, 2006

Complaint
28-1

5:05-cv-00393

Intervening Complaint

EEOC and Melinda Cochran v. Physicians Services, P.S.C.

March 1, 2006

March 1, 2006

Complaint
29

5:05-cv-00393

Order

EEOC v. Physicians Services, P.S.C.

March 1, 2006

March 1, 2006

Order/Opinion
34

5:05-cv-00393

Opinion

EEOC v. Physician Services, P.S.C.

425 F.Supp.2d 859

April 6, 2006

April 6, 2006

Order/Opinion
48

5:05-cv-00393

Order [Denying Motion for Reconsideration]

EEOC v. Physicians Services, P.S.C.

Sept. 8, 2006

Sept. 8, 2006

Order/Opinion
57

5:05-cv-00393

Order

EEOC, Sretta Reese, Bonnie Centers, Fran Howard, & Melinda Cochran v. Physician Services, P.S.C.

Jan. 19, 2007

Jan. 19, 2007

Order/Opinion
60

5:05-cv-00393

Consent Decree

EEOC, Sretta Reese, Bonnie Centers, Fran Howard, & Melinda Cochran v. Physician's Services, P.S.C.

Jan. 24, 2007

Jan. 24, 2007

Settlement Agreement

Resources

Docket

Last updated Aug. 11, 2022, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT 1 summons(es)issued with copy , filed by Equal Employment Opportunity Commission. (Attachments: # 1 Case Assignment, Civil Cover & Summons)(JMW) (Entered: 09/27/2005)

Sept. 27, 2005

Sept. 27, 2005

2

SUMMONS Returned Executed via Certified Mail to Physicians Services, P.S.C. served on 10/5/2005, answer due 10/25/2005. (JMW) (Entered: 10/12/2005)

Oct. 11, 2005

Oct. 11, 2005

3

NOTICE OF APPEARANCE by Equal Employment Opportunity Commission.(Farnsworth, Jo) (Entered: 10/17/2005)

Oct. 17, 2005

Oct. 17, 2005

4

ANSWER to Complaint by Physicians Services, P.S.C..(Winters, R.) (Entered: 10/26/2005)

Oct. 26, 2005

Oct. 26, 2005

***FILE SUBMITTED TO CHAMBERS of Judge Hood for review: 4 Answer to Complaint (JMW) (Entered: 10/27/2005)

Oct. 27, 2005

Oct. 27, 2005

5

ORDER (1) within 21 days from the date of service of this order, parties shall conduct the meeting required by rule 26(f); and (2) within 10 days after the meeting, parties shall file a joint status report . Signed by Judge Joseph M. Hood. (JMW)cc: COR (Entered: 11/04/2005)

Nov. 3, 2005

Nov. 3, 2005

6

MOTION to Intervene and Memorandum in Support by Bonnie Centers, Sretta Clark, Fran Howard (Attachments: # 1 TENDERED Complaint in Intervention# 2 Certification and Charge of Discrimination re Sretta Clark (Reese)# 3 Certification and Charge of Discrimination re Fran Howard# 4 Certification and Charge of Discrimination re Bonnie Centers)(JMW) (Entered: 11/17/2005)

Nov. 16, 2005

Nov. 16, 2005

7

MOTION to Intervene by Melinda Cochran (Attachments: # 1 Intervening Complaint# 2 Charge of Discrimination# 3 Proposed Order)(Hughes, Elizabeth) (Entered: 11/23/2005)

Nov. 23, 2005

Nov. 23, 2005

8

AGREED ORDER EXTENDING RULE 26 CONFERENCE DEADLINES (1) the Court's prior Order establishing deadlines for the conduct of a Rule 26 Conference is SET ASIDE; (2) the Rule 26 Conference between counsel for the EEOC and Physician Services is DEFERRED until a date 30 days after the entry of all Orders addressing the Motions to Intervene filed by the Intervening Plaintiffs, Cochran, Reese, Centers and Howard . Signed by Judge Joseph M. Hood. (JMW)cc: COR (Entered: 12/05/2005)

Dec. 1, 2005

Dec. 1, 2005

9

AGREED ORDER (1) dft Physician Services shall have through and including 12/16/05, in which to respond to the Motions to Intervene of the Intervening Plfs by service of counsel for the Intervening plfs; and (2) the Intervening plfs shall have through and including 1/16/06, in which to submit any Reply in support of the Motion to Intervene by service on counsel for dft Physician Services . Signed by Judge Joseph M. Hood. (JMW)cc: COR (Entered: 12/06/2005)

Dec. 6, 2005

Dec. 6, 2005

10

AGREED ORDER (1) dft Physician Services shall have through and including 12/30/05, in which to respond to the Motions to Intervene of the Intervening Plfs by service of counsel for the Intervening plfs; and (2) the Intervening plfs shall have through and including 1/30/06, in which to submit any Reply in support of the Motion to Intervene by service on counsel for dft Physician Services. Signed by Judge Joseph M. Hood. (JMW)cc: COR (Entered: 12/19/2005)

Dec. 19, 2005

Dec. 19, 2005

11

Proposed Agreed Order/Stipulation Regarding Briefing Schedule With Respect To Intervention Motions by Physicians Services, P.S.C.. (Johnston, Seth) (Entered: 12/30/2005)

Dec. 30, 2005

Dec. 30, 2005

***FILE SUBMITTED TO CHAMBERS of Judge Hood for review: 11 Proposed Agreed Order/Stipulation (JMW) (Entered: 01/03/2006)

Jan. 3, 2006

Jan. 3, 2006

12

RESPONSE to Motion re 6 MOTION to Intervene by Bonnie Centers, Sretta Clark, Fran Howard filed by Physicians Services, P.S.C.. (Johnston, Seth) (Entered: 01/06/2006)

Jan. 6, 2006

Jan. 6, 2006

13

RESPONSE to Motion re 7 MOTION to Intervene by Melinda Cochran filed by Physicians Services, P.S.C.. (Johnston, Seth) (Entered: 01/06/2006)

Jan. 6, 2006

Jan. 6, 2006

14

MOTION to Compel by Physicians Services, P.S.C. Defendant's Motion to Compel Arbitration and Stay All Proceedings (Attachments: # 1 Memorandum in Support # 2 Affidavit Affidavit of Richard A. Getty# 3 Exhibit A - Letter From Richard A. Getty to Intervenor-Plaintiff, Sretta Reese# 4 Exhibit B - Letter From Richard A. Getty to Intervenor-Plaintiff, Bonnie Centers# 5 Exhibit C - Letter From Richard A. Getty to Intervenor-Plaintiff, Fran Howard# 6 Exhibit D - Letter From Richard A. Getty to Intervenor-Plaintiff, Melinda Cochran# 7 Affidavit John W. Gilbert, M.D.# 8 Exhibit 1 - Alternative Dispute Resolution Agreement - Sretta Reese# 9 Exhibit 2 - Alternative Dispute Resolution Agreement - Bonnie Centers# 10 Exhibit 3 - Alternative Dispute Resolution Agreement - Fran Howard# 11 Exhibit 4 - Alternative Dispute Resolution Agreement - Melinda Cochran# 12 Proposed Order)(Johnston, Seth) (Entered: 01/06/2006)

Jan. 6, 2006

Jan. 6, 2006

***MOTION SUBMITTED TO CHAMBERS of Judge Hood for review: 14 MOTION to Compel Arbitration and Stay All Proceedings by Physicians Services, P.S.C. (JMW) (Entered: 01/09/2006)

Jan. 9, 2006

Jan. 9, 2006

15

RESPONSE in Opposition re 14 MOTION to Compel by Physicians Services, P.S.C. filed by Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order proposed order)(Farnsworth, Jo) (Entered: 01/12/2006)

Jan. 12, 2006

Jan. 12, 2006

16

AGREED ORDER (1) that intervenor plfs shall have through and including 2/6/06 to file their response(s) to the Motion to Compel Arbitration, record 14 filed by dft Physician Services, PSC . Signed by Judge Joseph M. Hood. (JMW)cc: COR (Entered: 01/19/2006)

Jan. 19, 2006

Jan. 19, 2006

17

REPLY to Response to Motion re 14 MOTION to Compel by Physicians Services, P.S.C. Reply to Response of EEOC to Motion to Compel Arbitration & Stay Proceeding filed by Physicians Services, P.S.C.. (Johnston, Seth) (Entered: 01/24/2006)

Jan. 24, 2006

Jan. 24, 2006

NOTICE OF DOCKET MODIFICATION TO Seth Johnson re 17 Reply to Response to Motion; Error: The main document was scanned instead of converted into PDF format directly from the native word application; Entry by attorney; In the future, all pleadings created with a word application MUST be converted to PDF format using PDF conversion software rather than being scanned; No further action required by counsel regarding this pleading. cc: COR (JMW) (Entered: 01/25/2006)

Jan. 25, 2006

Jan. 25, 2006

***FILE SUBMITTED TO CHAMBERS of Judge Hood for review: 15 Response in Opposition to Motion, 17 Reply to Response to Motion, re 14 Motion to Compel Arbitration and Stay All Proceedings by Physicians Services, P.S.C. (JMW) (Entered: 01/25/2006)

Jan. 25, 2006

Jan. 25, 2006

18

RESPONSE in Opposition re 14 MOTION to Compel by Physicians Services, P.S.C. filed by Bonnie Centers, Sretta Clark, Fran Howard. (Attachments: # 1 Affidavit of Andrew J. Ruzicho# 2 Affidavit Danny G. Harter# 3 Exhibit Dispute Resolution Program# 4 Exhibit Intervenor-Applicants EEOC Charges of Discrimination# 5 Exhibit Letter of May 6, 2004 to Gilbert from Ruzicho# 6 Exhibit Index of Exhibits In Support of Response# 7 Exhibit Letter of May 10, 2004 to Getty from Ruzicho# 8 Exhibit Letter of May 24, 2004 to Ruzicho from Getty# 9 Exhibit Letter of May 24, 2004 to Getty from Ruzicho# 10 Exhibit Letter of June 7, 2004 to Getty from Ruzicho# 11 Exhibit Letter of June 10, 2004 to Ruzicho from Getty# 12 Exhibit Letter of June 11, 2004 to Getty from Ruzicho# 13 Exhibit Letter of June 15, 2004 to Ruzicho from Getty# 14 Exhibit EEOC Brochure# 15 Exhibit Letter of April 22, 2005 to Senator McConnell's Office from Gilbert# 16 Exhibit Letter of April 22, 2005 to Senator McConnell's Office from Getty# 17 Exhibit Letter of April 27, 2005 to Harter from Winters# 18 Exhibit Letter of April 28, 2005 to Marcia Hall Craig from Senator McConnell# 19 Exhibit Letter of May 3, 2005 to Senator McConnell from Harter)(Ruzicho, Andrew) (Entered: 02/03/2006)

Feb. 3, 2006

Feb. 3, 2006

20

Proposed Agreed Order/Stipulation by Physicians Services, P.S.C.. (Johnston, Seth) (Entered: 02/14/2006)

Feb. 14, 2006

Feb. 14, 2006

***FILE SUBMITTED TO CHAMBERS of Judge Hood for review: 20 Proposed Agreed Order/Stipulation (JMW) (Entered: 02/15/2006)

Feb. 15, 2006

Feb. 15, 2006

21

AGREED ORDER (1) dft Physician Services shall have through and including 2/24/06, to serve their Reply Memorandum in Support of dft's Motion to Compel Arbitration and Stay all Proceedings, DE 14. Signed by Judge Joseph M. Hood. (JMW)cc: COR (Entered: 02/16/2006)

Feb. 16, 2006

Feb. 16, 2006

***MOTIONS SUBMITTED TO CHAMBERS of Judge Hood for review: 6 MOTION to Intervene by Bonnie Centers, Sretta Clark, Fran Howard, 7 MOTION to Intervene by Melinda Cochran (JMW) (Entered: 02/21/2006)

Feb. 21, 2006

Feb. 21, 2006

22

REPLY to Response to Motion re 14 MOTION to Compel by Physicians Services, P.S.C. filed by Physicians Services, P.S.C.. (Attachments: # 1 Exhibit 1--Letter from Richard Getty to Joseph Miller dated April 13, 2004# 2 Exhibit 2--Letter from Richard Getty to Andrew Ruzicho dated May 24, 2004# 3 Exhibit 3--1991 U.S.App.LEXIS 30181# 4 Exhibit 4--2001 U.S. Dist. LEXIS 20041)(Johnston, Seth) (Entered: 02/24/2006)

Feb. 24, 2006

Feb. 24, 2006

***MOTION SUBMITTED TO CHAMBERS of Judge Hood for review: 14 MOTION to Compel by Physicians Services, P.S.C. (JMW) (Entered: 02/27/2006)

Feb. 27, 2006

Feb. 27, 2006

23

MOTION for Hearing re 14 Motion to Compel Arbitration by Physicians Services, P.S.C., filed by Bonnie Centers, Sretta Clark, Fran Howard Motion for Oral Argument (Ruzicho, Andrew) Created link and modified text on 3/1/2006 (Wells, Jessica). Additional attachment(s) added (proposed order) on 3/1/2006 (Wells, Jessica). (Entered: 02/28/2006)

Feb. 28, 2006

Feb. 28, 2006

NOTICE OF DOCKET MODIFICATION TO Andrew Ruzicho re 23 MOTION for Hearing by Bonnie Centers, Sretta Clark, Fran Howard ; Error: Attorney failed to create a link to the motion is which the pleading releates, DE14 Motion to Compel Arbitration; Entry made by attorney; Correction: Clerk has modified the text to create the link to 14; In the future, attorney is advised to create a link with the existing event to which a pleading relates. No further action required by counsel. cc: COR (JMW) (Entered: 03/01/2006)

March 1, 2006

March 1, 2006

24

MOTION for Hearing re 14 MOTION to Compel by Physicians Services, P.S.C. by Melinda Cochran (Attachments: # 1 Proposed Order)(Miller, Joseph) (Entered: 03/01/2006)

March 1, 2006

March 1, 2006

Clerk's Note: Clerk spoke with attorney Andrew Ruzicho's office to explain that attorney should also file a proposed order as an attachment to a 'Notice of Filing' and link that back to the original pleading, DE23. (JMW) (Entered: 03/01/2006)

March 1, 2006

March 1, 2006

25

NOTICE OF FILING by Bonnie Centers, Sretta Clark, Fran Howard re 23 MOTION for Hearing by Bonnie Centers, Sretta Clark, Fran Howard Proposed Order (Ruzicho, Andrew) (Entered: 03/01/2006)

March 1, 2006

March 1, 2006

26

ORDER (1) the motions for leave to intervene, records 6 and 7 are GRANTED; and (2) the tendered intervening complaints are DEEMED FILED. Signed by Judge Joseph M. Hood. (JMW)cc: COR (Entered: 03/01/2006)

March 1, 2006

March 1, 2006

27

Intervenor COMPLAINT , filed by Bonnie Centers, Sretta Clark, Fran Howard. (Filed pursuant to 26 Order) (Attachments: # 1 Certification and Charge of Discrimination re Sretta Clark (Reese)# 2 Certification and Charge of Discrimination re Fran Howard# 3 Certification and Charge of Discrimination re Bonnie Centers)(JMW) (Entered: 03/01/2006)

March 1, 2006

March 1, 2006

28

Intervenor COMPLAINT, filed by Melinda Cochran. (Filed pursuant to 26 Order) (Attachments: # 1 Charge of Discrimination)(JMW) (Entered: 03/01/2006)

March 1, 2006

March 1, 2006

29

ORDER re 23 Motion for Hearing on 14 Motion to Compel Arbitration (1) said motion is GRANTED; and (2) MOTION HEARING is set for 3/20/2006 at 10:30 AM in Lexington before Joseph M. Hood. Signed by Judge Joseph M. Hood. (JMW)cc: COR, D (Entered: 03/01/2006)

March 1, 2006

March 1, 2006

30

MOTION to Continue Hearing by Physicians Services, P.S.C. (Attachments: # 1 Proposed Order)(Winters, R.) Modified text on 3/7/2006 to indicate continuance is regarding a hearing (Wells, Jessica). (Entered: 03/06/2006)

March 6, 2006

March 6, 2006

***MOTION SUBMITTED TO CHAMBERS of Judge Hood for review: 30 MOTION to Continue Hearing by Physicians Services, P.S.C. (JMW) (Entered: 03/07/2006)

March 7, 2006

March 7, 2006

31

ORDER re 30 MOTION to Continue Hearing by Physicians Services, P.S.C. (1) said motion is GRANTED; and (2) MOTION HEARING re 14 Motion to Compel Arbitration scheduled for 3/20/06 is CONTINUED to 4/3/2006 at 10:00 AM in Lexington before Joseph M. Hood. Signed by Judge Joseph M. Hood. (JMW)cc: COR, D (Entered: 03/08/2006)

March 8, 2006

March 8, 2006

32

NOTICE OF APPEARANCE by Equal Employment Opportunity Commission.(Bird, Kenneth) (Entered: 03/21/2006)

March 21, 2006

March 21, 2006

33

MINUTE ENTRY FOR MOTION HEARING held on 4/3/2006 before Judge Joseph M. Hood re 14 MOTION to Compel Arbitration by Physicians Services, P.S.C. (1) this matter is TAKEN UNDER ADVISEMENT. (COURT REPORTER: DENISE VASQUEZ) (JMW)cc: COR (Entered: 04/04/2006)

April 3, 2006

April 3, 2006

34

ORDER (1) dft's motion to compel arbitration and stay the proceedings, record 14 is DENIED . Signed by Judge Joseph M. Hood. (JMW)cc: COR (Entered: 04/06/2006)

April 6, 2006

April 6, 2006

35

NOTICE OF APPEAL as to 34 Order on Motion to Compel by Physicians Services, P.S.C.; Filing fee $ 455, receipt number 124481. TRANSMITTED to 6CCA via email cc: COR, 6CCA (Attachments: # 1 Order dated 4/6/06# 2 Receipt for fee)(JMW) (Entered: 04/25/2006)

April 24, 2006

April 24, 2006

37

REPORT of Rule 26(f) Planning Meeting by Melinda Cochran Filing of Report of Parties' Planning Meeting (Miller, Joseph) Modified text on 5/5/2006 to indicate this is a report of rule 26(f) planning meeting (Wells, Jessica). Also added all filers on 5/5/2006 (Wells, Jessica). (Entered: 05/04/2006)

May 4, 2006

May 4, 2006

NOTICE OF DOCKET MODIFICATION TO J. Miller re 37 Notice ; Error: attorney incorrectly filed the Report of Parties Planning Meeting using the incorrect event "Notice" instead of the correct event "Report of Rule 26(f) Planning Meeting"; Also, this document was scanned instead of being converted into PDF format directly from the native word application; Entry made by attorney; Correction: Clerk has modified the text of 37 to indicate that the main document is a Report of Rule 26(f) Planning Meeting; In the future, the attorney is advised to contact the ECF help desk if assistance is needed in choosing the correct event for filing. Also, in future filings, all pleadings created with a word application shall be converted to PDF format using PDF conversion software rather than being scanned. No further action required by counsel regarding this pleading. cc: COR (JMW) (Entered: 05/05/2006)

May 5, 2006

May 5, 2006

***FILE SUBMITTED TO CHAMBERS of Judge Hood for review: 37 REPORT of Rule 26(f) Planning Meeting (JMW) (Entered: 05/05/2006)

May 5, 2006

May 5, 2006

38

SCHEDULING ORDER (1) case REFERRED to Judge Todd for Discovery; (2) case REFERRED to Judge Todd for Settlement Processes; (3) Amended Pleadings due by 3/15/2007; (4) Discovery due by 4/30/2007; (5) Dispositive Motions due by 5/31/2007; (6) Expert Witness Reports due from plf by 8/31/2006 and from dft by 10/30/2006; (7) Motions in Limine due by 6/27/2007; (8) case REFERRED to Judge Todd for Pretrial Conference to be set by him; (9) one week prior to PC, counsel shall (a) file exhibit list, (b) premark exhibits, (c) file witness list, (d) file pretrial memo, (e) submit agreed proposed jury instructions, (f) provide copies to JBT and opposing counsel and (g) electronic copies may be submitted to chambers; (10) FINAL PRETRIAL CONFERENCE is set for 9/17/2007 at 9:30 AM in Lexington before Joseph M. Hood; (11) JURY TRIAL is set for 10/23/2007 at 9:00 AM in Lexington before Joseph M. Hood (approx. 2 weeks) .Signed by Judge Joseph M. Hood (JMW)cc: COR, D, JC, JBT (Entered: 05/09/2006)

May 9, 2006

May 9, 2006

39

MOTION for Default Judgment by Melinda Cochran (Attachments: # 1 Proposed Order)(Miller, Joseph) (Entered: 06/13/2006)

June 13, 2006

June 13, 2006

40

RESPONSE in Opposition re 39 MOTION for Default Judgment by Melinda Cochran filed by Physicians Services, P.S.C.. (Attachments: # 1 Proposed Order Order Denying Intervening Plaintiff Melinda Cochran's Motion for Default Judgment)(Winters, R.) (Entered: 06/16/2006)

June 16, 2006

June 16, 2006

41

MOTION for Leave with Memorandum in Support by Physicians Services, P.S.C. to Answer the Complaints of Intervening Plaintiffs Out-of-Time (Attachments: # 1 Proposed Order Granting Defendants Motion to Answer Complaints of Intervening Plaintiffs Out-Of-Time# 2 Exhibit A - Answer to Intervening Complaint of Melinda Cochran# 3 Exhibit B - Def Answer to Complaint-In-Intervention by Clark, Centers & Howard)(Winters, R.) Modified text on 6/19/2006 to add "with memorandum in support" (Wells, Jessica). (Entered: 06/16/2006)

June 16, 2006

June 16, 2006

42

REPLY to Response to Motion re 39 MOTION for Default Judgment by Melinda Cochran filed by Melinda Cochran. (Miller, Joseph) Modified on 6/21/2006 to create link to correct motion (Wells, Jessica). (Entered: 06/20/2006)

June 20, 2006

June 20, 2006

NOTICE OF DOCKET MODIFICATION TO Joseph Miller re 42 Reply to Response to Motion; Error: Attorney incorrectly linked to the wrong motion; Entry made by attorney; Correction: Clerk has deleted the link to 41 and created a link to the correct motion 39; In the future, the attorney is advised to create a link to the existing motion to which the pleading relates. No further action required by counsel regarding this pleading. cc: COR (JMW) (Entered: 06/21/2006)

June 21, 2006

June 21, 2006

***MOTION SUBMITTED TO CHAMBERS of Judge Hood for review: 39 MOTION for Default Judgment by Melinda Cochran (JMW) (Entered: 06/21/2006)

June 21, 2006

June 21, 2006

43

ORDER (1) the case is STAYED pending the receipt of a mandate from the Sixth Circuit regarding dft's appeal. Signed by Judge Joseph M. Hood. (JMW)cc: COR (Entered: 06/21/2006)

June 21, 2006

June 21, 2006

44

MOTION for Reconsideration by Equal Employment Opportunity Commission (Attachments: # 1 Proposed Order)(Brown, Kenneth) (Entered: 07/05/2006)

July 5, 2006

July 5, 2006

45

RESPONSE in Opposition re 44 MOTION for Reconsideration by Equal Employment Opportunity Commission filed by Physicians Services, P.S.C.. (Winters, R.) (Entered: 07/14/2006)

July 14, 2006

July 14, 2006

46

RESPONSE to Motion and Request for Oral Argument re 44 MOTION for Reconsideration by Equal Employment Opportunity Commission filed by Melinda Cochran. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Proposed Order)(Miller, Joseph) Modified text on 7/24/2006 to add "and request for oral argument" (Wells, Jessica). (Entered: 07/21/2006)

July 21, 2006

July 21, 2006

NOTICE OF DOCKET MODIFICATION TO Joseph Miller re 46 Response to Motion; Error: Attachments were insufficiently described as "Exhibit A", "Exhibit B"; Entry made by attorney; Correction: The Clerk has renamed the attachments; It is necessary that all attachments are adequately described; ex: Exhibit A (incorrect); Exhibit A - Affidavit of John Doe (correct); Also, the main document was scanned instead of being converted into PDF format directly from the native word application; All pleadings created with a word application shall be converted to PDF format using PDF conversion software rather than being scanned; No further action required by counsel regarding this pleading. cc: COR (JMW) (Entered: 07/24/2006)

July 24, 2006

July 24, 2006

47

TRANSCRIPT of Official Proceedings: Hearing on Motion to Compel Arbitration held on 4/3/06 before Judge Joseph M. Hood. Court Reporter: Denise Vasquez. (JMW) (Entered: 08/07/2006)

Aug. 7, 2006

Aug. 7, 2006

48

ORDER (1) plf's motion for reconsideration, DE 44 is DENIED FOR LACK OF JURISDICTION. Signed by Judge Joseph M. Hood. (JMW)cc: COR (Entered: 09/11/2006)

Sept. 8, 2006

Sept. 8, 2006

50

NOTICE TO ATTORNEYS Michelle Eisele, James L. Lee, Gwendolyn Young Reams, Laurie A. Young by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application (JMW) (Entered: 09/11/2006)

Sept. 11, 2006

Sept. 11, 2006

51

NOTICE OF WITHDRAWAL by Equal Employment Opportunity Commission (Brown, Kenneth) Modified text on 9/22/2006 (Wells, Jessica). (Entered: 09/21/2006)

Sept. 21, 2006

Sept. 21, 2006

52

GENERAL ORDER re 51 Notice filed by Equal Employment Opportunity Commission, IN RE: Attorneys representing Federal Government Agencies - an official listed above the signature line shall not be listed as counsel of record unless the official files an express notice of appearance in this case; therefore, Gwendolyn Young Reams and James L. Lee are NO LONGER listed as counsel of record in this case. Signed by Judge Joseph M. Hood. (STB)cc: COR (Entered: 09/22/2006)

Sept. 21, 2006

Sept. 21, 2006

***FILE SUBMITTED TO CHAMBERS of Judge Hood for review: 51 Notice of Withdrawal (JMW) (Entered: 09/22/2006)

Sept. 22, 2006

Sept. 22, 2006

53

ORDER (1) SETTLEMENT CONFERENCE is set for 8/29/2007 at 9:00 AM in Lexington before James B Todd; (2) exparte statements and status reports due by 8/22/07; and (3) documents shall be delivered directly to Judge Todd. Signed by Judge James B Todd. (JMW)cc: COR, D, JBT (Entered: 11/08/2006)

Nov. 8, 2006

Nov. 8, 2006

54

ORDER (1) PRETRIAL CONFERENCE is set for 9/10/2007 at 9:00 AM in Lexington before James B Todd; (2) pretrial filings due by 9/4/07; and (3) a court reporter is required for this matter. Signed by Judge James B Todd. (JMW)cc: COR, D, JBT (Entered: 11/08/2006)

Nov. 8, 2006

Nov. 8, 2006

55

ORDER of USCA as to 35 Notice of Appeal filed by Physicians Services, P.S.C.: IT IS ORDERED that the appeal is dismissed. (Attachments: # 1 Cover Letter)(MWZ) (Entered: 12/29/2006)

Dec. 29, 2006

Dec. 29, 2006

56

STIPULATION of Dismissal as to all Claims of Intervening Plaintiffs Against Defendant by Bonnie Centers, Sretta Clark, Fran Howard, Melinda Cochran, Physicians Services, P.S.C.. (Winters, R.) (Entered: 01/18/2007)

Jan. 18, 2007

Jan. 18, 2007

***FILE SUBMITTED TO CHAMBERS of Judge Hood for review: 56 Stipulation of Dismissal (JMW) (Entered: 01/19/2007)

Jan. 19, 2007

Jan. 19, 2007

57

ORDER re 56 Stipulation of Dismissal (1) the Intervening Plaintiffs' claims are DISMISSED WITH PREJUDICE . Signed by Judge Joseph M. Hood. (JMW)cc: COR (Entered: 01/19/2007)

Jan. 19, 2007

Jan. 19, 2007

58

ORDER (1) this case is RETURNED TO THE ACTIVE DOCKET; and (2) parties are DIRECTED TO FILE a joint status report by 2/2/2007. Signed by Judge Joseph M. Hood. (JMW)cc: COR (Entered: 01/22/2007)

Jan. 19, 2007

Jan. 19, 2007

NOTICE OF DOCKET MODIFICATION TO Kenneth Brown re 59 JOINT MOTION for Settlement by Equal Employment Opportunity Commission; Error: Attorney did not choose all filers for this pleading. In the future, choose all filers for a pleading filed by multiple parties. More than one party may be chosen when filing by holding down the CTRL key while pointing & clicking on each party of the group. Clerk has added Physicians Services, P.S.C. as a filer for this pleading. No further action required by counsel cc: COR (MWZ) (Entered: 01/24/2007)

Jan. 24, 2007

Jan. 24, 2007

***MOTION SUBMITTED TO CHAMBERS of Judge Hood for review: 59 JOINT MOTION for Settlement by Equal Employment Opportunity Commission & Physicians Services, P.S.C. (MWZ) (Entered: 01/24/2007)

Jan. 24, 2007

Jan. 24, 2007

60

CONSENT DECREE re 59 JOINT MOTION for Settlement (1) the Court has jurisdiction over the parties and the subject matter of this action; (2) the purpose and provisions of the Americans with Disabilities Act of 1991 will be promoted and effectuated by the entry of this Decree; and (3) this Consent Decree resolves all matters and claims. Signed by Judge Joseph M. Hood. (JMW)cc: COR, D, JC, JBT (Entered: 01/24/2007)

Jan. 24, 2007

Jan. 24, 2007

Case Details

State / Territory: Kentucky

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 27, 2005

Closing Date: 2010

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

Physicians Services, P.S.C. (Lexington, KY), Private Entity/Person

Case Details

Causes of Action:

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

State law

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

State Anti-Discrimination Law

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

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: 2007 - 2010

Content of Injunction:

Retaliation Prohibition

Discrimination Prohibition

Provide antidiscrimination training

Reporting

Monitoring

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Disability (inc. reasonable accommodations)

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit