Case: EEOC v. USCO LOGISTICS SERVICES

2:98-cv-03051 | U.S. District Court for the Western District of Tennessee

Filed Date: Dec. 2, 1998

Closed Date: 2000

Clearinghouse coding complete

Case Summary

The EEOC's Memphis district office sued USCO Logistics Services, Inc. on December 2, 1998 in the U.S. District Court for the Western District of Tennessee. The EEOC's complaint alleged that the defendant violated the Americans with Disabilities Act when it discriminated based on disability by terminating an employee because the employee had AIDS. The suit went to trial in November, 1999 and the jury found for the Defendant. Immediately after the court entered judgment, the EEOC moved for a new trial, which was granted in December 1999. Shortly thereafter, the parties entered into a consent decree on January 27, 2000, which stipulated that the defendant would pay the complainant $45,000 in damages, post a notice of compliance with the ADA and provide ADA training to its managers.

Summary Authors

Aaron Weismann (6/22/2007)

Documents in the Clearinghouse

Document

2:98-cv-03051

Docket

EEOC v. USCO Logistics Services

Jan. 27, 2000

Jan. 27, 2000

Docket
83

2:98-cv-03051

Order Denying Defendant's Motion for Summary Judgment

EEOC v. USCO Logistics Services

Nov. 4, 1999

Nov. 4, 1999

Order/Opinion
105

2:98-cv-03051

Judgment in a Civil Case

EEOC v. USCO Logistics Services

Nov. 22, 1999

Nov. 22, 1999

Order/Opinion
114

2:98-cv-03051

Order Granting Plaintiff's Motion for New Trial

EEOC v. USCO Logistics Services

Dec. 27, 1999

Dec. 27, 1999

Order/Opinion
117

2:98-cv-03051

Consent Decree

EEOC v. USCO Logistics Services

Jan. 27, 2000

Jan. 27, 2000

Settlement Agreement

Resources

Docket

Last updated July 20, 2022, 3:11 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT [Plaintiff alleges that defendant violated Title I of the ADA of 1990 and Title I of the civil rights act of 1991 by terminating the employment of John Doe because of his disability, AIDS] (EHG) (Entered: 12/04/1998)

Dec. 2, 1998

Dec. 2, 1998

2

Mar. RETURN OF SERVICE executed upon defendant USCO Logistics Svcs on 12/9/98 (EHG) (Entered: 12/15/1998)

Dec. 15, 1998

Dec. 15, 1998

3

ANSWER by defendant USCO Logistics Svcs to [1-1] (Former Emp) (Entered: 01/12/1999)

Jan. 8, 1999

Jan. 8, 1999

4

SETTING LETTER ; scheduling conference set for 3:30 1/29/99 (EHG) (Entered: 01/13/1999)

Jan. 12, 1999

Jan. 12, 1999

5

MINUTES: (filed 2/1/99) ; scheduling conference satisfied 3:30 1/29/99 ; pla joining parties 3/29/99; dft joining parties 4/29/99; initial motions to dismiss 3/29/99; amending pleadings 6/1/99; completing all discovery 8/2/99; pla expert 6/14/99; dft expert 7/30/99; dispositive motions 9/3/99; trial 11/8/99 @ 9:00, 3 days to try; PTC 10/26/99; PTO 10/19/99; settlement conf w/Mag Judge after some discovery has taken place. Presiding Judge: Donald PLA Atty: F. Williams DFT Atty: L. Krupicka (EHG) (Entered: 02/01/1999)

Jan. 29, 1999

Jan. 29, 1999

6

Plaintiff's RULE 26(a)(1) Initial Disclosures by EEOC (EHG) (Entered: 02/01/1999)

Jan. 29, 1999

Jan. 29, 1999

7

NOTICE OF FILING: REPORT OF PARTIES' PLANNING MEETING.. by plaintiff EEOC, defendant USCO Logistics Svcs (EHG) (Entered: 02/01/1999)

Jan. 29, 1999

Jan. 29, 1999

8

RULE 16(b) SCHEDULING ORDER Judge Bernice B. Donald joining parties: plaintiff -3/29/99; defendant -4/29/99 ; initial motions to dismiss filing deadline set for 3/29/99 ; amending pleadings 6/1/99; discovery deadline set for 8/2/99, document production 8/2/99, depositions interrogatories and requests for admissions 8/2/99, pla's rule 26 expert info 6/14/99, dft's rule 26 expert infor 7/30/99; filing pretrial motions (including motions for summary judgment) 9/3/99 ; The parties will be referred to the Magistrate Judge for a setlement conference after discovery. This is a PRIORITY case due to mortality issues.; proposed pretrial order to be entered on 10/19/99 pretrial conference set for 10/26/99 at 9:00 ; jury trial set for 11/8/99 at 9:00 ; (cc: all counsel) (EHG) (Entered: 02/01/1999)

Feb. 1, 1999

Feb. 1, 1999

9

ORDER OF REFERENCE by Judge Bernice B. Donald This matter is hereby referred to the US Magistrate Judge for a settlement conference after discovery (cc: all counsel) (EHG) (Entered: 02/02/1999)

Feb. 1, 1999

Feb. 1, 1999

10

SETTING LETTER settlement conference set for 9:30 8/17/99, before Judge Vescovo, room 921. (EHG) (Entered: 02/08/1999)

Feb. 5, 1999

Feb. 5, 1999

11

INITIAL DISCLOSURES OF DEFENDANT, USCO LOGISTICIS SERVICES, INC. PURSUANT TO RULE 26 OF THE FEDERAL RULES OF CIVIL PROCEDURE.. by USCo Logistics Svcs (EHG) (Entered: 02/09/1999)

Feb. 5, 1999

Feb. 5, 1999

13

RETURN OF SERVICE (subpoena) executed upon Onndrake Saulsberry on 7/2/99 (BAG) (Entered: 07/13/1999)

July 12, 1999

July 12, 1999

14

RETURN OF SERVICE executed upon Custodian of Records, Benefits Concepts, Inc., on 7/13/99 (BAG) (Entered: 07/28/1999)

July 27, 1999

July 27, 1999

15

MINUTES: Follow-up conf, held 8/24/99; Ms. Krupicka requests a continuance of motion filing ddls and trial dates; Ms. Williams argued opposition to dft's request for continuance; Trial currently set for 11/8/99 at 9:00; Court extended expert ddls: dft's expert ddl: 9/27/99; motion filing ddl set 10/12/99; response due 10/21/99; motion t hearing set 4:00 10/27/99; Pretrial conf. set to follow motion hearing; pretrial order ddl 10/27/99; Dft's Ore Tenus motion to re-depose pla- granted- limited to 1 hour & only those issues that transpired since the 1st deposition in February 1999; Presiding Judge: Bernice B. Donald; PLA Atty: F. DFT Atty: L. Krupicka; C/R: Lynn Dudley; (BAG) (Entered: 08/26/1999)

Aug. 24, 1999

Aug. 24, 1999

16

AMENDED SCHEDULING ORDER And Order Granting Second Deposition Of Plaintiff by Judge Bernice B. Donald re [8-1]; Pla's final deposition: 8/31/99; Dft's expert report due: 9/27/99; Pretrial motions ddl: 10/12/99; Hearing on summary judgment: 10/27/99 at 4:00; Pretrial Order due: 10/27/99; Pretrial Conf.: 10/27/99 (immediately following hearing); Dft may depose John Doe for one hour with dft bearing all related expenses; (cc: all counsel) (BAG) (Entered: 08/26/1999)

Aug. 26, 1999

Aug. 26, 1999

17

ATTORNEY APPEARANCE for plaintiff EEOC by Deidre Smith, co-counsel to Terry Beck and Faye Williams; (BAG) (Entered: 09/17/1999)

Sept. 17, 1999

Sept. 17, 1999

18

NOTICE by defendant USCO Logistics Svcs of taking deposition of Records Custodian of Dr. Mack Land on 10/12/99 at 9:00am (BAG) (Entered: 09/30/1999)

Sept. 29, 1999

Sept. 29, 1999

19

NOTICE by defendant USCO Logistics Svcs of taking deposition of Records Custodian of Dr. Martin Acree on 10/12/99 at 9:00am (BAG) (Entered: 09/30/1999)

Sept. 29, 1999

Sept. 29, 1999

20

MINUTES: Telephone Conference Pltf's Motion to Quash (Oral) as to DFt's Subpoenas Duces Tecum for J. Does Medical Records - Court directs that Pltf file Motion to Quash by fax and original w/Clerk 10/7/99 in a.m. (copy dft) & Dft to file response by fax (original w/Clerk) by 5:00 p.m. on 10/7/99 - Order to enter on 10/8/99; Pltf's Oral Motion to Depose Expert Witnesses (Dft's) Granted; Presiding Judge: Bernice B. Donald PLA Atty: F. Williams DFT Atty: L. Krupicka C/R: Lynn Dudley (Former Emp) (Entered: 10/07/1999)

Oct. 6, 1999

Oct. 6, 1999

21

MOTION by plaintiff EEOC to quash the 2 subpoena duces tecum issued by dft (YDS) (Entered: 10/07/1999)

Oct. 7, 1999

Oct. 7, 1999

22

RESPONSE by defendant USCO Logistics Svcs to motion to quash the 2 subpoena duces tecum issued by dft [21-1] (w/Exhibits A-E Attached) (Former Emp) (Entered: 10/08/1999)

Oct. 7, 1999

Oct. 7, 1999

24

MOTION by defendant USCO Logistics Svcs for partial summary judgment (BAG) (Entered: 10/13/1999)

Oct. 12, 1999

Oct. 12, 1999

25

MEMORANDUM by defendant USCO Logistics Svcs in support of motion for partial summary judgment [24-1]; w/exhibits; (BAG) (Entered: 10/13/1999)

Oct. 12, 1999

Oct. 12, 1999

26

AFFIDAVIT of David H. Ciscel re [24-1]; w/exhibits (BAG) (Entered: 10/13/1999)

Oct. 12, 1999

Oct. 12, 1999

27

ATTORNEY APPEARANCE for defendant USCO Logistics Svcs by Samuel L. Crain Jr., as co-counsel to Lisa A. Krupicka; (BAG) (Entered: 10/13/1999)

Oct. 12, 1999

Oct. 12, 1999

28

NOTICE OF FILING OF Depositions by defendant USCO Logistics Svcs (depositions of John Doe, Cynthia Lawson, Walter Gales, Robert Gibson, Therion Barber and Onndrake Saulsberry) (BAG) (Entered: 10/15/1999)

Oct. 15, 1999

Oct. 15, 1999

29

DEPOSITION of Cynthia Lawson taken on the following date(s): 7/15/99; C/R: H&N Court Reporting; (document placed in separate folder) (BAG) (Entered: 10/15/1999)

Oct. 15, 1999

Oct. 15, 1999

30

DEPOSITION of Therion Barber taken on the following date(s): 7/7/99; C/R: H & N Court Reporting; (document placed in separate folder) (BAG) (Entered: 10/15/1999)

Oct. 15, 1999

Oct. 15, 1999

31

DEPOSITION of Onndrake Saulsberry taken on the following date(s): 7/16/99; C/R: H & N Court Reporting; (document placed in separate folder) (BAG) (Entered: 10/15/1999)

Oct. 15, 1999

Oct. 15, 1999

32

DEPOSITION of Walter Gales taken on the following date(s): 7/7/99; C/R: H & N Court Reporting; (document placed in separate folder) (BAG) (Entered: 10/15/1999)

Oct. 15, 1999

Oct. 15, 1999

33

DEPOSITION of John Doe taken on the following date(s): 2/17/99; C/R: H & N Court Reporting; (document placed in separate folder) (BAG) (Entered: 10/15/1999)

Oct. 15, 1999

Oct. 15, 1999

34

DEPOSITION of John Doe taken on the following date(s): 9/10/99; C/R: H & N Court Reporting; (document placed in separate folder) (BAG) (Entered: 10/15/1999)

Oct. 15, 1999

Oct. 15, 1999

35

DEPOSITION of Robert Gibson; taken on the following date(s): 7/7/99; C/R: H & N Court Reporting; (document placed in separate folder) (BAG) (Entered: 10/15/1999)

Oct. 15, 1999

Oct. 15, 1999

36

MOTION by defendant USCO Logistics Svcs in limine to exclude testimony concerning Maurice Jones (YDS) (Entered: 10/21/1999)

Oct. 19, 1999

Oct. 19, 1999

38

MOTION by defendant USCO Logistics Svcs in limine to exclude medical testimony (YDS) (Entered: 10/21/1999)

Oct. 19, 1999

Oct. 19, 1999

39

MEMORANDUM by defendant USCO Logistics Svcs in support of motion in limine to exclude medical testimony [38-1] (YDS) (Entered: 10/21/1999)

Oct. 19, 1999

Oct. 19, 1999

40

MOTION by defendant USCO Logistics Svcs in limine to exclude testimony concering Keith Wilson (YDS) (Entered: 10/21/1999)

Oct. 19, 1999

Oct. 19, 1999

41

MEMORANDUM by defendant USCO Logistics Svcs in support of motion in limine to exclude testimony concering Keith [40-1] w/attachments (YDS) (Entered: 10/21/1999)

Oct. 19, 1999

Oct. 19, 1999

42

MOTION by defendant USCO Logistics Svcs in limine to exclude tesimony concerning Katie White (YDS) (Entered: 10/21/1999)

Oct. 19, 1999

Oct. 19, 1999

43

MEMORANDUM by defendant USCO Logistics Svcs in support of motion in limine to exclude tesimony concerning Katie White [42-1] w/attachments (YDS) (Entered: 10/21/1999)

Oct. 19, 1999

Oct. 19, 1999

44

MOTION by plaintiff EEOC in limine as to certain evidence, namely the testimony and report of Dr. David Ciscel (YDS) (Entered: 10/21/1999)

Oct. 21, 1999

Oct. 21, 1999

45

MEMORANDUM by plaintiff EEOC in support of motion in limine as to certain evidence, namely the testimony and report of Dr. David Ciscel [44-1] w/exhibits attached (YDS) (Entered: 10/21/1999)

Oct. 21, 1999

Oct. 21, 1999

46

Memorandum In Support of RESPONSE by plaintiff EEOC to motion for partial summary judgment [24-1]; w/exhibits; (BAG) (Entered: 10/22/1999)

Oct. 21, 1999

Oct. 21, 1999

47

REPLY Brief by defendant USCO Logistics Svcs re [46-1], in support of motion for partial summary judgment [24-1]; w/attachment (BAG) (Entered: 10/25/1999)

Oct. 25, 1999

Oct. 25, 1999

48

RESPONSE in Opposition by plaintiff EEOC to motion in limine to exclude medical testimony [38-1]; w/exhibits; (BAG) (Entered: 10/26/1999)

Oct. 25, 1999

Oct. 25, 1999

49

MOTION by plaintiff EEOC in limine to exclude testimony regarding John Doe's Discharges prior to his employment with defendant; (BAG) (Entered: 10/26/1999)

Oct. 25, 1999

Oct. 25, 1999

50

MEMORANDUM by plaintiff EEOC in support of motion in limine to exclude testimony regarding John Doe's Discharges prior to his employment with defendant; [49-1] (BAG) (Entered: 10/26/1999)

Oct. 25, 1999

Oct. 25, 1999

51

RESPONSE in Opposition to defendant's three motions in limine to exclude testimony concerning Keith Wilson, Maurice Jones and Katie White by plaintiff EEOC to motion in limine to exclude tesimony concerning Katie White [42-1], to motion in limine to exclude testimony concering Keith Wilson [40-1], to motion in limine to exclude testimony concerning Maurice Jones [36-1] (BAG) (Entered: 10/26/1999)

Oct. 25, 1999

Oct. 25, 1999

53

MOTION by plaintiff EEOC to strike defendant's reply memorandum to plaintiff's response to defendant's motion for partial summary judgment; (BAG) (Entered: 10/27/1999)

Oct. 26, 1999

Oct. 26, 1999

54

MEMORANDUM by plaintiff EEOC in support of motion to strike defendant's reply memorandum to plaintiff's response to defendant's motion for partial summary judgment [53-1]; w/attachment (BAG) (Entered: 10/27/1999)

Oct. 26, 1999

Oct. 26, 1999

55

REPLY Brief by defendant USCO Logistics Svcs in support of motion in limine to exclude testimony of Maurice Jones re [51-1], re [36-1] (BAG) (Entered: 10/27/1999)

Oct. 27, 1999

Oct. 27, 1999

56

REPLY Brief in support of motion in limine to exclude testimony of Katie White by defendant USCO Logistics Svcs re [51-1], re [42-1] (BAG) (Entered: 10/27/1999)

Oct. 27, 1999

Oct. 27, 1999

57

REPLY Brief in support of motion in limine to exclude testimony of Keith Wilson by defendant USCO Logistics Svcs re [51-1], re [40-1] (BAG) (Entered: 10/27/1999)

Oct. 27, 1999

Oct. 27, 1999

58

MOTION by defendant USCO Logistics Svcs in limine to exclude testimony concerning Lena Johnson; (BAG) (Entered: 10/27/1999)

Oct. 27, 1999

Oct. 27, 1999

59

MEMORANDUM by defendant USCO Logistics Svcs in support of motion in limine to exclude testimony concerning Lena Johnson [58-1]; w/attachment (BAG) (Entered: 10/27/1999)

Oct. 27, 1999

Oct. 27, 1999

60

PROPOSED Plaintiff's Proposed Jury Instructions submitted by plaintiff EEOC (BAG) (Entered: 10/28/1999)

Oct. 27, 1999

Oct. 27, 1999

61

MINUTES: Motion hearing/Pretrial conference held 10/27/99; Motion for Summary Judgment- Court to submit written ruling re [24-1], denying motion in limine to exclude tesimony concerning Katie White [42-1], denying motion in limine to exclude testimony concering Keith Wilson [40-1], denying motion in limine to exclude testimony concerning Maurice Jones [36-1], granting motion in limine to exclude testimony regarding John Doe's Discharges prior to his employment with defendant [49-1], denying motion in limine to exclude medical testimony [38-1], jury trial continued for 9:00 11/18/99 (3 days); Proposed Jury Instructions due by middle of next week; Presiding Judge: Bernice B. Donald; PLA F. Williams/S. Smith; DFT Atty: S. Crain/L. Krupicka; C/R: Lynn Dudley; (BAG) (Entered: 10/28/1999)

Oct. 27, 1999

Oct. 27, 1999

62

ORDER by Judge Bernice B. Donald granting motion to strike defendant's reply memorandum to plaintiff's response to defendant's motion for partial summary judgment [53-1]; Clerk ORDERED to strike from the record "Dft's Reply Brief in support of Motion for Partial Summary Judgment"; striking reply [47-1] (cc: all counsel) (BAG) (Entered: 10/28/1999)

Oct. 28, 1999

Oct. 28, 1999

63

ORDER On Motions by Judge Bernice B. Donald; After review of the motions (in limine to exclude testimony of Katie White, Keith Wilson, Maurice Jones and Lena Johnson), the court heard argument and made oral findings on the record; For reasons stated orally on the record, motions are DENIED; (cc: all counsel) (BAG) (Entered: 10/28/1999)

Oct. 28, 1999

Oct. 28, 1999

64

ORDER On Motion To Exclude Medical Testimony by Judge Bernice B. Donald; For reasons stated orally on the record, dft's motion (to exclude Mr. Doe's testimony concerning his medical condition after 6/30/99), is DENIED; Dft will be permitted to examine Mr. Doe's physician about his medical condition during course of treatment, including post 6/30/99; (cc: all counsel) (BAG) (Entered: 10/28/1999)

Oct. 28, 1999

Oct. 28, 1999

66

RETURN OF SERVICE (subpoena) executed upon Dr. Mack Land on 10/27/99; w/attachment; (BAG) (Entered: 11/01/1999)

Oct. 28, 1999

Oct. 28, 1999

65

PRE-TRIAL ORDER approved by Judge Bernice B. Donald: Jury trial estimated to last 3-4 days; Parties attended unsuccessful settlement conf. on 8/17/99; Settlement appears unlikely; (cc: all counsel) (BAG) (Entered: 10/29/1999)

Oct. 29, 1999

Oct. 29, 1999

67

MINUTES: Court directs jury trial be reset to 9:00 11/15/99 (3 day trial); Parties notified by telephone of re-setting; Presiding Judge: Bernice B. Donald; PLA Atty: F. Williams; DFT Atty: S. Crain/L. Krupicka; C/R: Out-of-Court; (BAG) (Entered: 11/01/1999)

Oct. 29, 1999

Oct. 29, 1999

68

MOTION by defendant USCO Logistics Svcs for reconsideration of the Court's ruling granting EEOC's motion to strike USCO's Reply Brief; (BAG) (Entered: 11/01/1999)

Nov. 1, 1999

Nov. 1, 1999

69

JOINT MOTION by plaintiff EEOC, defendant USCO Logistics Svcs for order directing subpoenaed witness to appear at continued trial; (BAG) (Entered: 11/01/1999)

Nov. 1, 1999

Nov. 1, 1999

70

RESPONSE by defendant USCO Logistics Svcs to motion in limine as to certain evidence, namely the testimony and report of Dr. David Ciscel [44-1]; w/attachment (BAG) (Entered: 11/02/1999)

Nov. 1, 1999

Nov. 1, 1999

71

AFFIDAVIT of Dr. David H. Ciscel re [70-1] (BAG) (Entered: 11/02/1999)

Nov. 1, 1999

Nov. 1, 1999

72

RETURN OF SERVICE (subpoena) executed upon Jane Doe on 10/29/99 (BAG) (Entered: 11/02/1999)

Nov. 1, 1999

Nov. 1, 1999

73

RETURN OF SERVICE (subpoena) executed upon Robert Gibson on 10/29/99 (BAG) (Entered: 11/02/1999)

Nov. 1, 1999

Nov. 1, 1999

74

RETURN OF SERVICE (subpoena) executed upon Rodney Hill on 10/29/99 (BAG) (Entered: 11/02/1999)

Nov. 1, 1999

Nov. 1, 1999

75

RETURN OF SERVICE (subpoena) executed upon Therion Barber on 10/29/99 (BAG) (Entered: 11/02/1999)

Nov. 1, 1999

Nov. 1, 1999

76

RETURN OF SERVICE (subpoena) executed upon Walter Gales on 10/29/99 (BAG) (Entered: 11/02/1999)

Nov. 1, 1999

Nov. 1, 1999

77

RETURN OF SERVICE unexecuted - attempted as to Vanessa Katie White; Subject no longer works at USCO Logistics Service; Telephone numbers no longer valid; (BAG) (Entered: 11/02/1999)

Nov. 2, 1999

Nov. 2, 1999

78

RESPONSE by plaintiff EEOC to motion for reconsideration of the Court's ruling granting EEOC's motion to strike USCO's Reply Brief [68-1] (BAG) (Entered: 11/03/1999)

Nov. 3, 1999

Nov. 3, 1999

79

ORDER by Judge Bernice B. Donald granting motion for order directing subpoenaed witness to appear at continued trial [69-1]; Because the jury trial was continued from 11/8/99 to 11/15/99, all subpoenas issued for both parties witnesses shall remain in effect and witnesses shall appear for trial on 11/15/99 at 9:00am; (cc: all counsel) (BAG) (Entered: 11/03/1999)

Nov. 3, 1999

Nov. 3, 1999

80

RETURN OF SERVICE (subpoena) executed upon Haley Smith on 11/2/99 (BAG) (Entered: 11/03/1999)

Nov. 3, 1999

Nov. 3, 1999

81

RETURN OF SERVICE (subpoena) executed upon John Hill on 11/2/99 (BAG) (Entered: 11/03/1999)

Nov. 3, 1999

Nov. 3, 1999

82

PROPOSED Jury Instructions submitted by defendant USCO Logistics Svcs (BAG) (Entered: 11/04/1999)

Nov. 3, 1999

Nov. 3, 1999

83

ORDER Denying Defendant's Motion For Summary Judgment by Judge Bernice B. Donald denying motion for partial summary judgment [24-1]; USCO's educational endeavors to minimize concern over the HIV are laudable, but not a substitute for training on provisions of ADA to prevent discrimination; Thus it would seem that EEOC's argument is well taken; It would appear that punitive damages may very well be appropriate in this matter; Taking the facts in a light most favorable to Doe, summary judgment for USCO is simply not appropriate; The court finds that there are genuine issues of material fact in the record which preclude summary judgment for USCO; USCO's motion for partial summary judgment is DENIED; (cc: all counsel) (BAG) (Entered: 11/04/1999)

Nov. 4, 1999

Nov. 4, 1999

84

RETURN OF SERVICE (subpoena) executed upon Dr. Tennye Jackson on 11/4/99 (BAG) (Entered: 11/08/1999)

Nov. 5, 1999

Nov. 5, 1999

85

RETURN OF SERVICE (subpoena) executed upon Maurice Jones on 11/5/99 (BAG) (Entered: 11/08/1999)

Nov. 5, 1999

Nov. 5, 1999

86

RETURN OF SERVICE (subpeona) executed upon Onndrake Saulsberry on 11/5/99 (BAG) (Entered: 11/08/1999)

Nov. 5, 1999

Nov. 5, 1999

87

ORDER On Motion To Reconsider by Judge Bernice B. Donald denying motion for reconsideration of the Court's ruling granting EEOC's to strike USCO's Reply Brief [68-1]; Having considered pla's motion and upon considering case authority cited in dft's reply brief, the court finds no cause for reconsidering its action; Assuming arguendo, the court were to reconsider its earlier ruling, such reconsideration would not alter the result set forth in the court's order on partial summary judgment; (cc: all counsel) (BAG) (Entered: 11/08/1999)

Nov. 8, 1999

Nov. 8, 1999

88

RETURN OF SERVICE (subpoena) executed upon Juanita Davis on 11/9/99 (BAG) (Entered: 11/12/1999)

Nov. 10, 1999

Nov. 10, 1999

89

MOTION by plaintiff EEOC to strike defendant's addendum to the expert report (BAG) (Entered: 11/12/1999)

Nov. 12, 1999

Nov. 12, 1999

90

MEMORANDUM by plaintiff EEOC in support of motion to strike defendant's addendum to the expert report [89-1]; w/exhibits (BAG) (Entered: 11/12/1999)

Nov. 12, 1999

Nov. 12, 1999

92

MINUTES: Jury trial began 11/15/99; (day 1); Preliminary matters/motions in limine addressed: Motion by pla to strike dft's addendum to expert report- pending, Court to Rule; Pla's motion in limine as to certain evidence, namely the testimony & report of Dr. David Ciscel, pending- Court to rule; Jurors adm. voir dire; Jurors selected/adm. impanelment oath; Court's preliminary jury instructions; Opening statements by pla, dft; Pla's proof/proffer contd: Rule for sequestration invoked; Sworn: John Doe; Court adjourned until 9:00am on 11/16/99; , Presiding Judge: Bernice B. Donald; PLA Atty: F. Williams/D. Smith; DFT Atty: L. Krupicka/S. Crain; C/R: Lynn Dudley; (BAG) (Entered: 11/17/1999)

Nov. 15, 1999

Nov. 15, 1999

93

MINUTES: Jury trial resumed on 11/16/99 (day 2); Pla's proof/proffer contd: Sworn: John Doe, Dr. John Hodges, Robert Gibson, Cynthia Lawson, Therion Barber, Rodney Hill, John Hill; Argument heard on pla's motion in limine as to certain evidence, namely the testimony and report of Dr. David Ciscel, Court to rule; Argument heard on pla's motion to strike dft's addendum to the expert report; Court to rule; Court adjourned until 11/17/99 at 9:00; Presiding Judge: Bernice B. Donald; PLA Atty: F. Williams/D. Smith; DFT Atty: S. Crain/L. Krupicka; C/R: Lynn Dudley; (BAG) (Entered: 11/17/1999)

Nov. 16, 1999

Nov. 16, 1999

94

DEPOSITION of Robert Gibson taken on the following date(s): 7/7/99; C/R: H & N Court Reporting; (document placed in separate folder) (BAG) (Entered: 11/17/1999)

Nov. 16, 1999

Nov. 16, 1999

102

Video DEPOSITION of John Doe filed in open court on 11/16/99; (document placed in separate folder) (BAG) (Entered: 11/22/1999)

Nov. 16, 1999

Nov. 16, 1999

95

MINUTES: Jury trial resumed 11/17/99 (day 3); Preliminary matters/motions in limine addressed; Pla's proof/proffer contd; Pla rests; motion for jgmt. as a matter of law; Dfts proof/proffer contd; Dft rests; Charge conf.; Motion in Limine as to certain evidence, namely the testimony and report of Dr. David Ciscel, [44-1] GRANTED; Pla's motion to strike defendant's addendum to the expert report [89-1] moot.; Sworn: Dr. Mac Land, Dr. Martin Acree, Dr. Tennye Jackson, Onndrake Saulsberry, Haley Smith, Jane Doe, Chris Cedor, Robert Gibson; Offer of proof as to testimony of Dr. David Ciscel to be made by dft; Certain admissions read by pla's counsel, F. Williams; Dft's objections to pla's reading of admissions overruled; Dft moves for judgment as a matter of law; Sworn: Chris Cedor; Recalled: Walter Gales, Cynthia Lawson; Interrogatory responses read by dft's counsel, L. Krupicka; Court adjourned until 9:30 on 11/18/99; Presiding Judge: Bernice B. Donald; PLA Atty: F. Williams/S. Smith; DFT Atty: S. Crain/L. Krupicka; C/R: Lynn Dudley; (BAG) (Entered: 11/18/1999)

Nov. 17, 1999

Nov. 17, 1999

96

DEPOSITION of Therion Barber taken on the following date(s): 7/7/99; C/R: H & N Court Reporting; (document placed in separate folder) (BAG) (Entered: 11/18/1999)

Nov. 18, 1999

Nov. 18, 1999

97

DEPOSITION of Cynthia Lawson taken on the following date(s): 7/15/99; C/R: H & N Court Reporting; (document placed in separate folder) (BAG) (Entered: 11/18/1999)

Nov. 18, 1999

Nov. 18, 1999

99

ORDER by Judge Bernice B. Donald denying motion in limine as to certain evidence [44-1], denying motion to strike defendant's addendum to the expert report [89-1]; For reasons stated in open court on the record, these motions are DENIED; (cc: all counsel) (BAG) (Entered: 11/18/1999)

Nov. 18, 1999

Nov. 18, 1999

100

MINUTES: Jury Trial continued on 11/18/99 (day 4); Preliminary matters/motions in limine addressed: Dft's motion for judgment as a matter of law, DENIED; Closing arguments; Charge conf.; Jury charge; Verdict as published/filed in open court; Jury polled; Court excused/ discharged jury on 11/18/99; Parties stipulate to amount of pla's interim earnings ($2,111.34) and medical expenses ($400.00); Parties stipulate to strike page 24 of jury instructions; Charge conf. contd (deadlocked); Argument on offer of proof as to Dr. David H. Ciscel heard; Sworn: David H. Ciscel, Ph.D; Jury question #1 published/Court lets stand prior ruling on issue; Instructed jurors orally to continue deliberations; Court adjourned; Presiding Judge: Bernice B. Donald; PLA Atty: F. Williams/D. Smith; DFT Atty: L. Krupicka/S. Crain; C/R: Lynn Dudley/B. Parker; (BAG) (Entered: 11/22/1999)

Nov. 18, 1999

Nov. 18, 1999

101

VERDICT for defendant USCO Logistics Svcs against plaintiff EEOC; Pla has not proven by a preponderance of the evidence that but for Mr. Does' disability, he would not have been terminated; (filed in open court) (BAG) (Entered: 11/22/1999)

Nov. 18, 1999

Nov. 18, 1999

103

EXHIBIT AND WITNESS list submitted of hearing held 11/15/99; (3 pages); (BAG) (Entered: 11/22/1999)

Nov. 19, 1999

Nov. 19, 1999

104

CORRECTED ORDER by Judge Bernice B. Donald granting motion to strike defendant's addendum to the expert report [89-1] granting motion in limine as to certain evidence, namely the testimony and report of Dr. David Ciscel [44-1] : ...For the reasons stated in open court on the record, these motions are GRANTED. (cc: all counsel) (YDS) (Entered: 11/22/1999)

Nov. 22, 1999

Nov. 22, 1999

105

JUDGMENT IN A CIVIL CASE : by Judge Bernice B. Donald : ...in accordance w/the jury verdict rendered on 11/18/99, jgm is hereby entered for the dft, USCO Logistics Services, Inc. and against the pla, EEOC. dismissing case (cc: all counsel) (YDS) (Entered: 11/22/1999)

Nov. 22, 1999

Nov. 22, 1999

106

MOTION by plaintiff EEOC for new trial (YDS) (Entered: 12/03/1999)

Dec. 3, 1999

Dec. 3, 1999

Case Details

State / Territory: Tennessee

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Dec. 2, 1998

Closing Date: 2000

Case Ongoing: No

Plaintiffs

Plaintiff Description:

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

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

USCO Logistics Services, Inc. (Memphis, TN), Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 45000

Order Duration: 2000 - 2001

Content of Injunction:

Neutral/Positive Reference

Expungement of Employment Record

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Discrimination Prohibition

Issues

General:

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits