Case: EEOC v. EXXON MOBIL CORPORATION

3:06-cv-01732 | U.S. District Court for the Northern District of Texas

Filed Date: Sept. 22, 2006

Closed Date: March 25, 2014

Clearinghouse coding complete

Case Summary

The Dallas district office of the EEOC filed this complaint against the Exxon Mobil Corporation on September 22, 2006 in the U.S. District Court for the Northern District of Texas. EEOC alleged that Exxon Mobil violated the Age Discrimination in Employment Act (ADEA) by prohibiting pilots, including the complainants in this case, from piloting corporate planes once they reached the age of sixty. Exxon Mobil forced the complainants under the company's policy into involuntary retirement. The EEOC…

The Dallas district office of the EEOC filed this complaint against the Exxon Mobil Corporation on September 22, 2006 in the U.S. District Court for the Northern District of Texas. EEOC alleged that Exxon Mobil violated the Age Discrimination in Employment Act (ADEA) by prohibiting pilots, including the complainants in this case, from piloting corporate planes once they reached the age of sixty. Exxon Mobil forced the complainants under the company's policy into involuntary retirement. The EEOC sought injunctive relief, damages for the complainants, attorneys' fees, and a correction to an unlawful employment practice that discriminated on the basis of age. The request for preliminary injunction was denied, but in a subsequent hearing the judge ruled that the plaintiff would stay employed, but "grounded" and maintain the same rate of pay.

Exxon Mobil filed for summary judgement, arguing its policy was a “Bona Fide Occupational Qualification” (BFOQ), meaning that prohibiting pilots from flying after a certain age was reasonably necessary to the business and it would be impossible or highly impractical to deal with the older employees on an individualized basis. The court granted summary judgment on April 28, 2008 (2008 WL 1958992).

On July 3, 2008, the EEOC appealed to the Fifth Circuit, arguing that it had not been allowed sufficient range of discovery in terms of establishing the continuing validity of the BFOQ and the FAA’s age-based rule as a matter of law before summary judgement was issued. The Fifth Circuit found for the EEOC and the case was remanded on August 27, 2009. 2009 WL 2710072.

On remand, the district court heard arguments relating to continuing validity. Through expert testimony, Exxon Mobil established that the risk of sudden incapacitation increases with age and no test can adequately anticipate the likelihood of when an incapacitating event may occur. The EEOC argued that the risk for incapacitation was rare and that advances in medicine rendered a blanket policy regarding age unnecessary. The court found that Exxon Mobil has established the continuing validity of its age-based rule as a matter of law. Summary Judgement for Exxon Mobil was granted on September 13, 2012 and amended on December 19, 2012. 2012 WL 6608755.

The EEOC appealed again to the Fifth Circuit on February 13, 2013 for reconsideration. The Fifth Circuit reviewed the case and affirmed the district court’s ruling on March 25, 2014. 560 Fed. Appx. 282. This case has been closed.

Summary Authors

Mary Book (10/29/2018)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4390065/parties/equal-employment-opportunity-commission-v-exxon-mobil-corporation/


Judge(s)

Kinkeade, Ed (Texas)

Attorneys(s) for Plaintiff

Anderson, Suzanne M. (Texas)

Backhaus, William C. (Texas)

Bruner, Paula R (District of Columbia)

Canino, Robert Anthony (Texas)

Clark, Joel P. (Texas)

Shepard, Meghan L. (Texas)

Attorneys(s) for Defendant

Duffy, Dennis P (Texas)

Griffin, Karen E. (Texas)

Hartsfield, Dan (Texas)

Judge(s)

Kinkeade, Ed (Texas)

Attorneys(s) for Plaintiff

Anderson, Suzanne M. (Texas)

Backhaus, William C. (Texas)

Bruner, Paula R (District of Columbia)

Canino, Robert Anthony (Texas)

Clark, Joel P. (Texas)

Shepard, Meghan L. (Texas)

Attorneys(s) for Defendant

Duffy, Dennis P (Texas)

Griffin, Karen E. (Texas)

Hartsfield, Dan (Texas)

Lee, JoAnn (Texas)

Norfleet, Christopher J. (Texas)

O'Brien, Thomas E. (Texas)

Phelan, Rod (Texas)

Rivet, David M. (Texas)

Rosenstein, Tony P. (Texas)

Other Attorney(s)

Parker, John R (Texas)

Documents in the Clearinghouse

Document

3:06-cv-01732

Docket (PACER)

Equal Employment Opportunity Commission v. Exxon Mobil Corporation

Jan. 8, 2016

Jan. 8, 2016

Docket
2

3:06-cv-01732

Application for Temporary Restraining Order and Preliminary Injunction Pursuant Rule 65, F.R.C.P.

Equal Employment Opportunity Commission v. Exxon Mobil Corporation

Sept. 22, 2006

Sept. 22, 2006

Pleading / Motion / Brief
1

3:06-cv-01732

Complaint

EEOC v. Exxon Mobil Corporation

Sept. 22, 2006

Sept. 22, 2006

Complaint
24

3:06-cv-01732

Plaintiff's Supplemental Brief and Amended Request for Preliminary Relief

Equal Employment Opportunity Commission v. Exxon Mobil Corporation

Feb. 26, 2007

Feb. 26, 2007

Pleading / Motion / Brief
25

3:06-cv-01732

Supplement to its Petition for Preliminary Injunction Pursuant to Rule 65, F.R.C.P.

Equal Employment Opportunity Commission v. Exxon Mobil Corporation

May 18, 2007

May 18, 2007

Pleading / Motion / Brief
26

3:06-cv-01732

Memorandum Opinion and Order

Equal Employment Opportunity Commission v. Exxon Mobil Corporation

2007 WL 1556964

May 30, 2007

May 30, 2007

Order/Opinion
41

3:06-cv-01732

Memorandum Opinion and Order

Equal Employment Opportunity Commission v. Exxon Mobil Corporation

2008 WL 1958992

April 28, 2008

April 28, 2008

Order/Opinion
48

3:06-cv-01732

08-10624

Appeal from the United States District Court for the Northern District of Texas

Equal Employment Opportunity Commission v. Exxon Mobil Corporation

U. S. Court of Appeals for the Fifth Circuit

Oct. 23, 2009

Oct. 23, 2009

Order/Opinion
65

3:06-cv-01732

EEOC's First Amended Complaint Nature of the Action

Equal Employment Opportunity Commission v. Exxon Mobil Corporation

June 16, 2010

June 16, 2010

Complaint
129

3:06-cv-01732

Amended Memorandum Opinion and Order

Equal Employment Opportunity Commission v. Exxon Mobil Corporation

2012 WL 6608755

Dec. 19, 2012

Dec. 19, 2012

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4390065/equal-employment-opportunity-commission-v-exxon-mobil-corporation/

Last updated July 22, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Exxon Mobil Corporation filed by Equal Employment Opportunity Commission. (nap, ) (Entered: 09/22/2006)

Sept. 22, 2006

Sept. 22, 2006

PACER

DEMAND for Trial by Jury by Equal Employment Opportunity Commission. (Filed within complaint)(nap, )

Sept. 22, 2006

Sept. 22, 2006

PACER

***Magistrate Judge Stickney chosen by random selection to handle matters that may be referred in this case. (nap, )

Sept. 22, 2006

Sept. 22, 2006

PACER
2

MOTION/Application for Temporary Restraining Order, MOTION for Preliminary Injunction by Equal Employment Opportunity Commission (nap, ) (Entered: 09/22/2006)

Sept. 22, 2006

Sept. 22, 2006

PACER
3

Brief/Memorandum in Support filed by Equal Employment Opportunity Commission re 2 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction (nap, ) (Entered: 09/22/2006)

Sept. 22, 2006

Sept. 22, 2006

PACER
4

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Equal Employment Opportunity Commission. (nap, ) (Entered: 09/22/2006)

Sept. 22, 2006

Sept. 22, 2006

PACER
5

Summons Issued as to Exxon Mobil Corporation. (nap, ) (Entered: 09/22/2006)

Sept. 22, 2006

Sept. 22, 2006

PACER
6

Order Designating Case for ECF - see order for specifics. (Signed by Judge Ed Kinkeade on 9/22/06) (nap, ) (Entered: 09/22/2006)

Sept. 22, 2006

Sept. 22, 2006

PACER

Minute Entry for proceedings held before Judge Ed Kinkeade: Telephone Conference. Order to be forthcoming setting preliminary injunction hearing. Attorney Appearances: Plaintiff - Suzanne Anderson and William Backhaus; Defense - Herbert O'Niell. (Court Reporter Not Present.) Time in Court: 20 Minutes. (NO PDF ATTACHED - THIS IS A VIRTUAL MINUTE ENTRY). (rrj, )

Sept. 26, 2006

Sept. 26, 2006

PACER
7

NOTICE of Attorney Appearance by Dan Hartsfield on behalf of Exxon Mobil Corporation (Hartsfield, Dan) (Entered: 09/27/2006)

Sept. 27, 2006

Sept. 27, 2006

PACER
8

ORDER denying as moot. 2 Motion for TRO. The Court,therefore, ORDERS the parties to appear before this Court on Monday, October 16, 2006 at 10:00 a.m. to conduct a hearing to consider Plaintiff's Application for Preliminary Injuction. See order for specifics. (Signed by Judge Ed Kinkeade on 9/27/06) (jrb, ) Modified on 9/28/2006 (jrb, ). (Entered: 09/27/2006)

Sept. 27, 2006

Sept. 27, 2006

PACER

Set/Reset Deadlines as to 2 Motion for Injunction. Motion Hearing set for 10/16/2006 10:00 AM before Judge Ed Kinkeade. (jrb, )

Sept. 27, 2006

Sept. 27, 2006

PACER
9

Agreed MOTION to Amend/Correct Modify Order by Exxon Mobil Corporation (Hartsfield, Dan) (Entered: 09/29/2006)

Sept. 29, 2006

Sept. 29, 2006

PACER
10

ORDER granting 9 Agreed Motion to Modify Order. Defendant Exxon Mobil Corporation shall file its responsive documents on Wed., 10/11/06 by 12:00 p.m. Plaintiff EEOC shall file its brief on Friday 10/13/06 by 5:00 p.m. The Preliminary Injunction Hearing remains set for Monday, 10/16/06 at 10:00 a.m. (Signed by Judge Ed Kinkeade on 10/5/2006) (kdc, ) (Entered: 10/06/2006)

Oct. 5, 2006

Oct. 5, 2006

PACER
11

Supplemental Document by Equal Employment Opportunity Commission as to 2 MOTION for Temporary Restraining Order MOTION for Injunction Supplemental Affidavit of Morschauser. (Attachments: # 1 Exhibit Att. A -- Email Request# 2 Exhibit Atta. B -- Affidavit)(Anderson, Suzanne) (Entered: 10/10/2006)

2 Exhibit Att. A -- Email Request

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3 Exhibit Atta. B -- Affidavit

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Oct. 10, 2006

Oct. 10, 2006

PACER
12

Memorandum of Law in Opposition filed by Exxon Mobil Corporation re 2 Application for Preliminary Injunction. (Hartsfield, Dan) Modified on 10/11/2006 (jrb, ). (Entered: 10/11/2006)

Oct. 11, 2006

Oct. 11, 2006

PACER
13

Notice of Manual Filing of Appendix by Exxon Mobil Corporation re 12 Memorandum of Law in Opposition to Plaintiff's Application for Preliminary Injunction. (Hartsfield, Dan) Modified on 10/11/2006 (jrb, ). (Entered: 10/11/2006)

Oct. 11, 2006

Oct. 11, 2006

PACER
14

Appendix in Support filed by Exxon Mobil Corporation re 12 Brief/Memorandum in Support of Motion (not imaged due to size-see records dept) (jrb, ) (Entered: 10/12/2006)

Oct. 11, 2006

Oct. 11, 2006

PACER
15

MOTION for Leave to File Affidavits and Exhibits in Support of EEOC's Application for Preliminary Injunction by Equal Employment Opportunity Commission with Brief in Support. (Attachments: # 1 Exhibit Attachment 1# 2 Exhibit Attachment 2# 3 Exhibit Attachment 3# 4 Exhibit Attachment 4# 5 Exhibit Attachment 5# 6 Exhibit Attachment 6)(Anderson, Suzanne) (Entered: 10/13/2006)

2 Exhibit Attachment 1

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3 Exhibit Attachment 2

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4 Exhibit Attachment 3

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5 Exhibit Attachment 4

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6 Exhibit Attachment 5

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7 Exhibit Attachment 6

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Oct. 13, 2006

Oct. 13, 2006

PACER
16

REPLY filed by Equal Employment Opportunity Commission re 2 MOTION for Temporary Restraining Order MOTION for Injunction (Attachments: # 1 Exhibit EEOC v. Lockheed, 1991 WL 101185 (C.D.Cal. 1991))(Anderson, Suzanne) (Entered: 10/13/2006)

2 Exhibit EEOC v. Lockheed, 1991 WL 101185 (C.D.Cal. 1991)

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Oct. 13, 2006

Oct. 13, 2006

PACER
17

OBJECTION filed by Exxon Mobil Corporation re 15 MOTION for Leave to File Affidavits and Exhibits in Support of EEOC's Application for Preliminary Injunction (Attachments: # 1 Exhibit E-mails Re: EEOC v. Exxon: Morschauser# 2 Exhibit E-mails Re: Morschauser & Regal Aviation# 3 Exhibit E-mails Re: EEOC v. Exxon Mobil# 4 Exhibit E-mails Re: Motion for Leave to Present Witness Testimony# 5 Exhibit E-mail Discussion Re: Motion for Leave to Present Witness Testimony)(Hartsfield, Dan) (Entered: 10/13/2006)

2 Exhibit E-mails Re: EEOC v. Exxon: Morschauser

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3 Exhibit E-mails Re: Morschauser & Regal Aviation

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4 Exhibit E-mails Re: EEOC v. Exxon Mobil

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5 Exhibit E-mails Re: Motion for Leave to Present Witness Testimony

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6 Exhibit E-mail Discussion Re: Motion for Leave to Present Witness Testimony

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Oct. 13, 2006

Oct. 13, 2006

PACER

Minute Entry for proceedings held before Judge Ed Kinkeade : Motion Hearing held on 10/16/06 re 2 Motion for TRO, Motion for Injunction filed by Equal Employment Opportunity Commission. The Court takes the Matter under advisement. (Court Reporter Randy Wilson.) Time in Court: 1 Hour 45 Minutes. (NO PDF ATTACHED - THIS IS A VIRTUAL MINUTE ENTRY). (rrj, )

Oct. 16, 2006

Oct. 16, 2006

PACER

Minute Entry for proceedings held before Judge Ed Kinkeade : Telephone Conference held. (Court Reporter Not Present.) Time in Court: 30 Minutes. (NO PDF ATTACHED - THIS IS A VIRTUAL MINUTE ENTRY). (rrj, )

Dec. 18, 2006

Dec. 18, 2006

PACER
18

ORDER: The parties agreed to file a joint report as to the status of settlement negotiations on or before 1/31/2007. See order for specifics. (Signed by Judge Ed Kinkeade on December 22, 2006) (jyg, ) (Entered: 12/27/2006)

Dec. 22, 2006

Dec. 22, 2006

PACER
19

STATUS REPORT by Equal Employment Opportunity Commission, Exxon Mobil Corporation. (Hartsfield, Dan) (Entered: 01/31/2007)

Jan. 31, 2007

Jan. 31, 2007

PACER
20

MOTION to Extend Time by Equal Employment Opportunity Commission with Brief in Support thereof. (Attachments: # 1 Exhibit FAA Administrator Blakey's Speech) (Anderson, Suzanne) (Entered: 01/31/2007)

2 Exhibit FAA Administrator Blakey's Speech

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Jan. 31, 2007

Jan. 31, 2007

PACER
21

OBJECTION filed by Equal Employment Opportunity Commission re 19 Status Report (Anderson, Suzanne) (Entered: 01/31/2007)

Jan. 31, 2007

Jan. 31, 2007

PACER
22

OBJECTION filed by Exxon Mobil Corporation re 21 Objection, 20 MOTION to Extend Time (Attachments: # 1 Exhibit January 31, 2007 Letter to Plaintiff# 2 Exhibit EEOC 's portion of Joint Status Report# 3 Exhibit Report on the Status of Settlement E-mail to plaintiff) (Hartsfield, Dan) (Entered: 02/02/2007)

2 Exhibit January 31, 2007 Letter to Plaintiff

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3 Exhibit EEOC 's portion of Joint Status Report

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4 Exhibit Report on the Status of Settlement E-mail to plaintiff

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Feb. 2, 2007

Feb. 2, 2007

PACER
23

ORDER: Status Conference set for 3/1/2007 10:00 AM before Judge Ed Kinkeade. (Signed by Judge Ed Kinkeade on 2/9/07) (jrb) (Entered: 02/12/2007)

Feb. 12, 2007

Feb. 12, 2007

PACER
24

Supplemental Brief and Amended Request for Preliminary Relief by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Supplement Brief and Amended Request for Preliminary Relief# 2 Exhibit Supplemental Brief and Amended Request for Relief# 3 Exhibit Supplemental Brief and Amended Request for Preliminary Relief# 4 Exhibit Supplemental Brief and Amended Request for Preliminary Relief# 5 Exhibit Supplemental Brief and Amended Request for Preliminary Relief# 6 Exhibit Supplemental Brief and Amended Request for Preliminary Relief) (Anderson, Suzanne) Modified on 2/26/2007 (jb). (this will not be considered as a separate mtn-per CRD) (Entered: 02/26/2007)

2 Exhibit Supplement Brief and Amended Request for Preliminary Relief

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3 Exhibit Supplemental Brief and Amended Request for Relief

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4 Exhibit Supplemental Brief and Amended Request for Preliminary Relief

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5 Exhibit Supplemental Brief and Amended Request for Preliminary Relief

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6 Exhibit Supplemental Brief and Amended Request for Preliminary Relief

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7 Exhibit Supplemental Brief and Amended Request for Preliminary Relief

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Feb. 26, 2007

Feb. 26, 2007

PACER

Minute Entry for proceedings held before Judge Ed Kinkeade : Conference held with counsel on 3/1/07. (Court Reporter Not Present - nothing put on the record.) Time in Court: 1 Hour 45 Minutes. (NO PDF ATTACHED - THIS IS A VIRTUAL MINUTE ENTRY). (rrj)

March 1, 2007

March 1, 2007

PACER
25

Supplemental Document by Equal Employment Opportunity Commission as to 2 MOTION for Temporary Restraining Order MOTION for Injunction Supplement to Petition for Preliminary Injunction. (Attachments: # 1 Affidavit Attachment A# 2 Affidavit Attachment B# 3 Affidavit Attachment C) (Anderson, Suzanne) (Entered: 05/18/2007)

2 Affidavit Attachment A

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3 Affidavit Attachment B

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4 Affidavit Attachment C

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May 18, 2007

May 18, 2007

PACER
26

Memorandum Opinion and Order granting 15 Motion for Leave to File, filed by Equal Employment Opportunity Commission, denying 2 Motion for Injunction filed by Equal Employment Opportunity Commission, denying 20 Motion To Extend Time filed by Equal Employment Opportunity Commission. See order for specifics. (Signed by Judge Ed Kinkeade on 5/29/07) (jrb) (Entered: 05/30/2007)

May 30, 2007

May 30, 2007

RECAP
27

ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER. The Joint Report shall be filed no later than 21 days from the date of the scheduling conference. See order for specifics. (Signed by Judge Ed Kinkeade on 5/30/07) (jrb) (Entered: 05/30/2007)

May 30, 2007

May 30, 2007

PACER
28

Original ANSWER to Complaint by Exxon Mobil Corporation (Hartsfield, Dan) (Entered: 06/13/2007)

June 13, 2007

June 13, 2007

PACER
29

Joint Regarding Contents of Scheduling Order by Equal Employment Opportunity Commission, Exxon Mobil Corporation. (Attachments: # 1 Exhibit List of Subjects on Which the EEOC Asserts Discovery is Necessary) (Hartsfield, Dan) Modified on 7/10/2007 (svc). (Entered: 07/09/2007)

2 Exhibit List of Subjects on Which the EEOC Asserts Discovery is Necessary

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July 9, 2007

July 9, 2007

PACER

Minute Entry for proceedings held before Judge Ed Kinkeade : Telephone Conference. Scheduling order to follow. (Court Reporter Not Present.) Time in Court: 30 Minutes. (NO PDF ATTACHED - THIS IS A VIRTUAL MINUTE ENTRY). (rrj)

Aug. 3, 2007

Aug. 3, 2007

PACER
30

PRELIMINARY SCHEDULING ORDER: Discovery due by 1/1/2008. Dispositive Motions due by 9/4/2007. Responses due by 1/1/2008. Replies due by 1/16/2008. (Signed by Judge Ed Kinkeade on 08/07/2007) (axm) (Entered: 08/07/2007)

Aug. 7, 2007

Aug. 7, 2007

PACER
31

MOTION for Summary Judgment by Exxon Mobil Corporation (Hartsfield, Dan) (Entered: 08/31/2007)

Aug. 31, 2007

Aug. 31, 2007

PACER
32

Brief/Memorandum in Support filed by Exxon Mobil Corporation re 31 MOTION for Summary Judgment (Hartsfield, Dan) (Entered: 08/31/2007)

Aug. 31, 2007

Aug. 31, 2007

PACER
33

Appendix in Support filed by Exxon Mobil Corporation re 32 Brief/Memorandum in Support of Motion, 31 MOTION for Summary Judgment (Attachments: # 1 Exhibit Tab 1# 2 Exhibit Tab 2# 3 Exhibit Tab 3# 4 Exhibit Tab 4# 5 Exhibit Tab 5# 6 Exhibit Tab 6# 7 Exhibit Tab 7# 8 Exhibit Tab 8 (Part 1)# 9 Exhibit Tab 8 (Part 2)# 10 Exhibit Tab 9 (Part 1)# 11 Exhibit Tab 9 (Part 2)) (Hartsfield, Dan) (Entered: 08/31/2007)

2 Exhibit Tab 1

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3 Exhibit Tab 2

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4 Exhibit Tab 3

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5 Exhibit Tab 4

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6 Exhibit Tab 5

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7 Exhibit Tab 6

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8 Exhibit Tab 7

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9 Exhibit Tab 8 (Part 1)

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10 Exhibit Tab 8 (Part 2)

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11 Exhibit Tab 9 (Part 1)

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12 Exhibit Tab 9 (Part 2)

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Aug. 31, 2007

Aug. 31, 2007

PACER
34

Unopposed MOTION for Protective Order (Agreed) by Equal Employment Opportunity Commission, Exxon Mobil Corporation (Hartsfield, Dan) (Entered: 11/19/2007)

Nov. 19, 2007

Nov. 19, 2007

PACER
35

AGREED PROTECTIVE ORDER. (see order for specifics) (Signed by Judge Ed Kinkeade on 12/02/07) (lmp) (Entered: 12/04/2007)

Dec. 2, 2007

Dec. 2, 2007

PACER
36

RESPONSE in Opposition filed by Equal Employment Opportunity Commission re 31 MOTION for Summary Judgment (Anderson, Suzanne) (Entered: 12/28/2007)

Dec. 28, 2007

Dec. 28, 2007

PACER
37

Notice of Manual Filing of Notice of Manual Filing by Equal Employment Opportunity Commission re 36 Response in Opposition to Defendant's Motion for Summary Judgment (Anderson, Suzanne) (Entered: 12/28/2007)

Dec. 28, 2007

Dec. 28, 2007

PACER
38

RESPONSE Brief in Opposition to Motion for Summary Judgment filed by Equal Employment Opportunity Commission (in support of) 36 Response in Opposition to Defendant's Motion for Summary Judgment (Anderson, Suzanne) Modified on 1/17/2008 (npk) (Entered: 12/28/2007)

Dec. 28, 2007

Dec. 28, 2007

PACER
39

Appendix in Support filed by Equal Employment Opportunity Commission re 38 Response Brief to Defendant's Motion for Summary Judgment. (Document not imaged - 2 sided pages within this pleading.) (klm) (Entered: 01/02/2008)

Dec. 28, 2007

Dec. 28, 2007

PACER
40

REPLY Brief in Support filed by Exxon Mobil Corporation re 31 Motion for Summary Judgment. (Hartsfield, Dan) Modified on 1/17/2008 (npk) (Entered: 01/16/2008)

Jan. 16, 2008

Jan. 16, 2008

PACER
41

Memorandum Opinion and Order granting 31 Motion for Summary Judgment filed by Exxon Mobil Corporation. See order for specifics. (Signed by Judge Ed Kinkeade on 4/28/08) (jrb) (Entered: 05/01/2008)

April 28, 2008

April 28, 2008

RECAP
42

FINAL JUDGMENT in favor of Exxon Mobil Corporation against Equal Employment Opportunity Commission. Plaintiff's case is DISMISSED with prejudice. The parties shall bear their own costs. (see order for specifics) (Signed by Judge Ed Kinkeade on 5/2/08) (tln) (Entered: 05/05/2008)

May 2, 2008

May 2, 2008

PACER
43

NOTICE OF APPEAL to the Fifth Circuit as to 42 Judgment, by Equal Employment Opportunity Commission. T.O. form to appellant electronically at Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. (Anderson, Suzanne) (Entered: 06/27/2008)

June 27, 2008

June 27, 2008

PACER

USCA5 Case Number 08-10624 for 43 Notice of Appeal, filed by Equal Employment Opportunity Commission. (skt)

July 3, 2008

July 3, 2008

PACER
44

TRANSCRIPT of Preliminary Injunction Proceedings held on 10/16/2006 before Judge Ed Kinkeade. Court Reporter/Transcriber Randy M. Wilson, Telephone number 214-766-9150. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. Redaction Request due 9/11/2008. Redacted Transcript Deadline set for 9/22/2008. Release of Transcript Restriction set for 11/19/2008. (rmw) (Entered: 08/21/2008)

Aug. 21, 2008

Aug. 21, 2008

PACER

Record on Appeal Certified to US Court of Appeals, 5th Circuit re 43 Notice of Appeal, - USCA5 Number: 08-10624. 3 vol. electronic record, 1 brown folder of original documents. (jmr) Modified on 10/9/2008 (jmr).

Sept. 11, 2008

Sept. 11, 2008

PACER

SUPPLEMENTAL Record on Appeal Certified to US Court of Appeals, 5th Circuit re 43 Notice of Appeal, - USCA5 Number: 08-10624. 1 transcript. (jmr)

Sept. 11, 2008

Sept. 11, 2008

PACER
45

NOTICE of Transfer of the Appellate Record to attorney for Equal Employment Opportunity Commission re: 43 Notice of Appeal. (jmr) (Entered: 10/10/2008)

Oct. 10, 2008

Oct. 10, 2008

PACER
46

NOTICE of Transfer of the Appellate Record to attorney for Exxon Mobil Corporation re: 43 Notice of Appeal. (jmr) (Entered: 10/20/2008)

Oct. 20, 2008

Oct. 20, 2008

PACER

Minute Entry for proceedings held before Judge Ed Kinkeade: Telephone Conference held. (Not Recorded.) Time in Court: 15 Minutes. NO PDF ATTACHED - THIS IS A VIRTUAL MINUTE ENTRY. (rrj)

Sept. 1, 2009

Sept. 1, 2009

PACER
47

USCA5 BILL OF COSTS. (axm) (Entered: 10/26/2009)

Oct. 23, 2009

Oct. 23, 2009

PACER
48

Opinion of USCA (certified copy) in accordance with USCA judgment re 43 Notice of Appeal filed by Equal Employment Opportunity Commission. The judgment of the district court is VACATED. The case is REMANDED for further proceedings not inconsistent with this opinion. (axm) (Entered: 10/26/2009)

Oct. 23, 2009

Oct. 23, 2009

PACER
49

JUDGMENT/MANDATE of USCA as to 43 Notice of Appeal filed by Equal Employment Opportunity Commission. Case remanded to the district court for further proceedings. Issued as Mandate: 10/20/2009. (axm) (Entered: 10/26/2009)

Oct. 23, 2009

Oct. 23, 2009

PACER
50

ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER: The Joint Report shall be filed no later than 10 days from the date of the scheduling conference. (see order for specifics) (Ordered by Judge Ed Kinkeade on 10/26/09) (tln) (Entered: 10/26/2009)

Oct. 26, 2009

Oct. 26, 2009

PACER
51

Appeal Record Returned: One envelope of documents. (twd) (Entered: 10/29/2009)

Oct. 28, 2009

Oct. 28, 2009

PACER
52

Unopposed MOTION to Extend Time of Court's Order Requiring Scheduling Conference and Joint Report filed by Equal Employment Opportunity Commission (Anderson, Suzanne) (Entered: 10/30/2009)

Oct. 30, 2009

Oct. 30, 2009

PACER
53

ORDER granting 52 Unopposed MOTION to Extend Time of Court's Order Requiring Scheduling Conference and Joint Report. (see order) (Ordered by Judge Ed Kinkeade on 11/10/2009) (mfw) (Entered: 11/13/2009)

Nov. 10, 2009

Nov. 10, 2009

PACER
54

Joint STATUS REPORT SCHEDULING REPORT filed by Equal Employment Opportunity Commission, Exxon Mobil Corporation. (Anderson, Suzanne) (Entered: 01/15/2010)

Jan. 15, 2010

Jan. 15, 2010

PACER
55

ELECTRONIC ORDER: Proposed Joint Scheduling Order Report due by 4/26/2010. (Ordered by Judge Ed Kinkeade on 2/3/2010) (rrj) (Entered: 02/03/2010)

Feb. 3, 2010

Feb. 3, 2010

PACER
56

Proposal for contents of scheduling and discovery order Joint Report by Equal Employment Opportunity Commission. (Anderson, Suzanne) (Entered: 04/26/2010)

April 26, 2010

April 26, 2010

PACER
57

ORDER: The Parties are ORDERED to file a brief within ten (10) days from the date of this Order (See Order.) (Ordered by Judge Ed Kinkeade on 5/3/2010) (twd) (Entered: 05/04/2010)

May 3, 2010

May 3, 2010

PACER
58

SCHEDULING ORDER: Discovery due by 4/1/2011. Motions due by 5/1/2011. Pretrial Materials due by 10/3/2011. Amended Pleadings due by 5/31/2010. Joinder of Parties due by 5/31/2010. This case is set for JURY trial on the Court's three-week docket beginning 11/1/2011 before Judge Ed Kinkeade. (See Order.) (Ordered by Judge Ed Kinkeade on 5/11/2010) (twd) (Entered: 05/13/2010)

May 11, 2010

May 11, 2010

PACER
59

Brief/Memorandum in Support filed by Exxon Mobil Corporation re 57 Order (Duffy, Dennis) (Entered: 05/13/2010)

May 13, 2010

May 13, 2010

PACER
60

Brief/Memorandum in Support filed by Equal Employment Opportunity Commission re 57 Order (Attachments: # 1 Exhibit(s) FAA letter of Dec. 30, 2009, attachment) (Anderson, Suzanne) (Entered: 05/17/2010)

1 Exhibit(s) FAA letter of Dec. 30, 2009, attachment

View on PACER

May 17, 2010

May 17, 2010

PACER
61

Brief/Memorandum in Support filed by Federal Aviation Administration re 57 Order (Parker-DOJ, John) (Entered: 05/24/2010)

May 24, 2010

May 24, 2010

PACER
62

Unopposed MOTION to Amend/Correct 1 Complaint filed by Equal Employment Opportunity Commission with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) First Amended Complaint) (Anderson, Suzanne) (Entered: 06/01/2010)

1 Exhibit(s) First Amended Complaint

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June 1, 2010

June 1, 2010

PACER
63

ORDER granting 62 Motion to Amend Complaint. It is Ordered that Plaintiff file its Amended Complaint within three (3) days of this Court's Order. (Ordered by Judge Ed Kinkeade on 6/7/2010) (axm) (Entered: 06/08/2010)

June 7, 2010

June 7, 2010

PACER
64

ORDER: The Court DENIES Plaintiff Equal Employment Opportunity Commission's request to reopen discovery regarding the congruence issue. (Ordered by Judge Ed Kinkeade on 6/7/2010) (klm) (Entered: 06/09/2010)

June 7, 2010

June 7, 2010

PACER
65

AMENDED COMPLAINT WITH JURY DEMAND against Exxon Mobil Corporation filed by Equal Employment Opportunity Commission. (Anderson, Suzanne) (Entered: 06/16/2010)

June 16, 2010

June 16, 2010

PACER
66

Defendant's ANSWER to 65 Amended Complaint filed by Exxon Mobil Corporation (Duffy, Dennis) (Entered: 06/18/2010)

June 18, 2010

June 18, 2010

PACER
67

MOTION for Discovery pursuant to Court's Order of June 7, 2010 filed by Equal Employment Opportunity Commission with Brief/Memorandum in Support. (Anderson, Suzanne) (Entered: 06/28/2010)

June 28, 2010

June 28, 2010

PACER
68

Unopposed MOTION to Extend Time TO FILE DESIGNATION OF MEDIATOR filed by Equal Employment Opportunity Commission with Brief/Memorandum in Support. (Anderson, Suzanne) (Entered: 07/12/2010)

July 12, 2010

July 12, 2010

PACER
69

ELECTRONIC ORDER granting 68 Motion to Extend Time to file Designation of Mediator. The Parties Designation of Mediator is due on or before August 6, 2010. (Ordered by Judge Ed Kinkeade on 7/13/2010) (chmb) (Entered: 07/13/2010)

July 13, 2010

July 13, 2010

PACER
70

RESPONSE filed by Exxon Mobil Corporation re: 67 MOTION for Discovery pursuant to Court's Order of June 7, 2010 (Duffy, Dennis) (Entered: 07/15/2010)

July 15, 2010

July 15, 2010

PACER
71

Designation of Mediator by Equal Employment Opportunity Commission, Exxon Mobil Corporation. (Anderson, Suzanne) (Entered: 08/04/2010)

Aug. 4, 2010

Aug. 4, 2010

PACER
72

ORDER denying 67 Motion for Discovery. This case is referred to United States Magistrate Judge Paul D. Stickney for a settlement conference. (see order) (Ordered by Judge Ed Kinkeade on 8/16/2010) (axm) (Entered: 08/18/2010)

Aug. 16, 2010

Aug. 16, 2010

PACER
73

Joint MOTION to Extend Time to designate expert witnesses filed by Equal Employment Opportunity Commission, Exxon Mobil Corporation with Brief/Memorandum in Support. (Anderson, Suzanne) (Entered: 08/30/2010)

Aug. 30, 2010

Aug. 30, 2010

PACER
74

ORDER: Settlement Conference set for 9/17/2010 09:00 AM before Magistrate Judge Paul D Stickney. (See Order.) (Ordered by Magistrate Judge Paul D Stickney on 8/30/2010) (twd) (Entered: 09/01/2010)

Aug. 30, 2010

Aug. 30, 2010

PACER
75

ORDER granting 73 Joint MOTION to Extend Time to designate expert witnesses. (see order) (Ordered by Judge Ed Kinkeade on 8/31/2010) (tln) (Entered: 09/01/2010)

Aug. 31, 2010

Aug. 31, 2010

PACER

ELECTRONIC Minute Entry for proceedings held before Magistrate Judge Paul D Stickney: Settlement Conference held on 9/17/2010. Did not settle. Attorney Appearances: Plaintiff - Robert Canino, Suzanne Anderson,; Defense - Dennis Duffy, Chip Casey. (Court Reporter: Not Recorded) (No exhibits) Time in Court - 2:30. (lmp)

Sept. 17, 2010

Sept. 17, 2010

PACER
76

ORDER: The District Court referred this case to United States Magistrate Judge Paul Stickney for a settlement conference. The parties met and in good faith attempted to reach an agreement. Nevertheless, the case did not settle. (Ordered by Magistrate Judge Paul D Stickney on 9/20/2010) (tln) (Entered: 09/21/2010)

Sept. 20, 2010

Sept. 20, 2010

PACER
77

Designation of Experts by Equal Employment Opportunity Commission. (Anderson, Suzanne) (Entered: 10/29/2010)

Oct. 29, 2010

Oct. 29, 2010

PACER
78

ADDITIONAL ATTACHMENTS OF EXPERT REPORTS to 77 Designation of Experts by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Additional Page(s) Gibson Attached Report, # 2 Additional Page(s) Koonce Attached Report, # 3 Additional Page(s) LaRue Attached Report, # 4 Additional Page(s) Mohler Attached Report, # 5 Additional Page(s) Passannante Attached Report, # 6 Additional Page(s) Eichelkraut Report 1 of 4, # 7 Additional Page(s) Eichelkraut Report 2 of 4, # 8 Additional Page(s) Eichelkraut Report 3 of 4, # 9 Additional Page(s) Eichelkraut Report 4 of 4) (Anderson, Suzanne) (Entered: 11/10/2010)

1 Additional Page(s) Gibson Attached Report

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2 Additional Page(s) Koonce Attached Report

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3 Additional Page(s) LaRue Attached Report

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4 Additional Page(s) Mohler Attached Report

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5 Additional Page(s) Passannante Attached Report

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6 Additional Page(s) Eichelkraut Report 1 of 4

View on PACER

7 Additional Page(s) Eichelkraut Report 2 of 4

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8 Additional Page(s) Eichelkraut Report 3 of 4

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9 Additional Page(s) Eichelkraut Report 4 of 4

View on PACER

Nov. 10, 2010

Nov. 10, 2010

PACER
79

MOTION to Strike 77 Designation of Experts or Alternatively, MOTION to Stay Expert Designation Deadlines, MOTION for Hearing and for Further Proceedings filed by Exxon Mobil Corporation (Attachments: # 1 Attachment A, # 2 Attachment B, # 3 Attachment C, # 4 Attachment D, # 5 Attachment E, # 6 Attachment F, # 7 Attachment G) (Duffy, Dennis) Modified on 11/12/2010 (mfw). (Entered: 11/11/2010)

1 Attachment A

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2 Attachment B

View on PACER

3 Attachment C

View on PACER

4 Attachment D

View on PACER

5 Attachment E

View on PACER

6 Attachment F

View on PACER

7 Attachment G

View on PACER

Nov. 11, 2010

Nov. 11, 2010

PACER
80

Designation of Experts by Exxon Mobil Corporation. (Attachments: # 1 Report of Jon L. Jordan, M.D., J.D., # 2 Report of P.R. Jeanneret, Ph.D., # 3 Report of Jorge A. Romero, M.D.) (Duffy, Dennis) (Entered: 12/01/2010)

1 Report of Jon L. Jordan, M.D., J.D.

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2 Report of P.R. Jeanneret, Ph.D.

View on PACER

3 Report of Jorge A. Romero, M.D.

View on PACER

Dec. 1, 2010

Dec. 1, 2010

PACER
81

RESPONSE filed by Equal Employment Opportunity Commission re: 79 MOTION to Strike 77 Designation of Experts or Alternatively MOTION to Stay Expert Designation Deadlines MOTION for Hearing and for Further Proceedings MOTION to Strike 77 Designation of Experts or Alternatively (Anderson, Suzanne) (Entered: 12/01/2010)

Dec. 1, 2010

Dec. 1, 2010

PACER
82

Designation of Experts by Exxon Mobil Corporation. (Attachments: # 1 Expert Report of William C Roberts (Part 1), # 2 Expert Report of William C Roberts (Part 2)) (Duffy, Dennis) (Entered: 12/03/2010)

1 Expert Report of William C Roberts (Part 1)

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2 Expert Report of William C Roberts (Part 2)

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Dec. 3, 2010

Dec. 3, 2010

PACER
83

SETTLEMENT CONFERENCE REPORT filed by Equal Employment Opportunity Commission, Exxon Mobil Corporation. (Duffy, Dennis) (Entered: 12/07/2010)

Dec. 7, 2010

Dec. 7, 2010

PACER
84

REPLY filed by Exxon Mobil Corporation re: 79 MOTION to Strike 77 Designation of Experts or Alternatively MOTION to Strike 77 Designation of Experts or Alternatively MOTION to Stay Expert Designation Deadlines MOTION for Hearing and for Further Proceedings (Attachments: # 1 Exhibit(s) A) (Duffy, Dennis) (Entered: 12/15/2010)

1 Exhibit(s) A

View on PACER

Dec. 15, 2010

Dec. 15, 2010

PACER
85

Memorandum Opinion and Order denying 79 Motion to Strike. (Ordered by Judge Ed Kinkeade on 2/14/2011) (dnc) (Entered: 02/16/2011)

Feb. 14, 2011

Feb. 14, 2011

RECAP
86

Joint MOTION to Extend Time To Complete Discovery, File Motions Challenging Expert Witnesses, and File Dispositive Motions filed by Equal Employment Opportunity Commission, Exxon Mobil Corporation (Attachments: # 1 Proposed Order) (Duffy, Dennis) (Entered: 03/02/2011)

1 Proposed Order

View on PACER

March 2, 2011

March 2, 2011

PACER
87

ORDER granting 86 Joint MOTION to Extend Time To Complete Discovery, File Motions Challenging Expert Witnesses, and File Dispositive Motions: Discovery due by 6/17/2011. Dispositive Motions due by 7/15/2011. (Ordered by Judge Ed Kinkeade on 3/3/2011) (twd) (Entered: 03/04/2011)

March 3, 2011

March 3, 2011

PACER

Case Details

State / Territory: Texas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 22, 2006

Closing Date: March 25, 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more private corporate pilots forced into early retirement once they turned sixty.

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

Exxon Mobil Corporation, Private Entity/Person

Case Details

Causes of Action:

Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief denied

Issues

General:

Disparate Impact

Disparate Treatment

Pattern or Practice

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Discrimination-basis:

Age discrimination

EEOC-centric:

Direct Suit on Merits