Case: EEOC v. J.H. ROUTH PACKING COMPANY

3:98-cv-07731 | U.S. District Court for the Northern District of Ohio

Filed Date: Dec. 7, 1998

Closed Date: April 18, 2004

Clearinghouse coding complete

Case Summary

The Cleveland District Office of the EEOC filed this suit against J.H. Routh Packing Company, a meat packing company, in December 1998 in the U.S. District Court for the Northern District of Ohio. The complaint alleged that the defendant violated Title I of the Americans with Disabilities Act of 1990 ("ADA") by terminating the charging party, a male employee, when it learned of his history of epilepsy. In July 1999, the Court granted the defendant's motion for judgment on the pleadings findin…

The Cleveland District Office of the EEOC filed this suit against J.H. Routh Packing Company, a meat packing company, in December 1998 in the U.S. District Court for the Northern District of Ohio. The complaint alleged that the defendant violated Title I of the Americans with Disabilities Act of 1990 ("ADA") by terminating the charging party, a male employee, when it learned of his history of epilepsy. In July 1999, the Court granted the defendant's motion for judgment on the pleadings finding that the EEOC had not proved that the charging party was an individual with a disability under the ADA, and the case was dismissed. The EEOC appealed the case in December 1999. In April 2001, the U.S. Court of Appeals for the Sixth Circuit reversed the District Court's judgment and remanded the case. In April 2002, the parties reached a settlement.

The agreement required the defendant to keep records of any job applicant who disclosed a history of a seizure disorder who was not hired and to report this information annually to the EEOC for a term of two years. In addition, the settlement agreement provided for an undisclosed amount of monetary relief to be awarded to the charging party.

Summary Authors

Kevin Wilemon (5/31/2007)

People


Judge(s)

Cole, Ransey Guy Jr. (Ohio)

Jones, Nathaniel Raphael (Ohio)

Martin, Boyce Ficklen Jr. (Kentucky)

Judge(s)

Cole, Ransey Guy Jr. (Ohio)

Jones, Nathaniel Raphael (Ohio)

Martin, Boyce Ficklen Jr. (Kentucky)

Documents in the Clearinghouse

Document

Docket (PACER)

Equal Employment Opportunity Commission v. J.H. Routh Packing Company

April 18, 2002 Docket
1

Complaint

Equal Employment Opportunity Commission v. J.H. Routh Packing Company

Dec. 7, 1998 Complaint
20

Memorandum Opinion

Equal Employment Opportunity Commission v. J.H. Routh Packing Company

Oct. 13, 1999 Order/Opinion

Opinion [Reversing and Remanding Case]

Equal Employment Opportunity Commission v. J.H. Routh Packing Company

U. S. Court of Appeals for the Sixth Circuit

246 F.3d 850

April 19, 2001 Order/Opinion
43

Stipulated Dismissal and Settlement Agreement

Equal Employment Opportunity Commission v. J.H. Routh Packing Company

April 12, 2002 Settlement Agreement

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
2

Case Information Statement ; Recommended track: Standard, filed by Equal Employment Opportunity Commission. (B, T) (Entered: 08/20/2001)

Dec. 7, 1998
3

Waiver of Summons Returned executed upon defendant J.H. Routh Packing Company on 12/17/98 filed by J.H. Routh Packing Co. Modified on 9/11/2001 (B, T) (Entered: 08/20/2001)

Jan. 22, 1999
4

Answer to Complaint by defendant, J.H. Routh Packing Company, (Related Doc # 1) Modified on 9/11/2001 (B, T) (Entered: 08/20/2001)

Feb. 12, 1999
5

Case Management Conference Scheduling Notice: Case Management Conference set 3/29/99 at 3:30 p.m.; parties and counsel to attend conference. (B, T) (Entered: 08/20/2001)

Feb. 26, 1999
6

Report of Parties' Planning Meeting , filed by all parties. Modified on 9/11/2001 (B, T) (Entered: 08/20/2001)

March 26, 1999
7

Preliminary Estimate/Budget of Amount of Fees and Expenses filed by Equal Employment Opportunity Commission. (Related document(s)5) (B, T) (Entered: 08/20/2001)

March 26, 1999
8

Case Management Conference Order: Case Management Conference held 3/29/99; Track Designation: Standard; discovery to be completed 10/15/99; deadline for amending pleadings 6/30/99; deadline for adding parties 6/30/99; Motion filing deadline 11/15/99; 3 weeks for response after filing said Motions; 10 calendar days for reply; status conference on 7/19/99 by telephone at 9:15 a.m.; final pretrial conference on 2/28/00 at 3:30 p.m.; jury trial 3/28/00; expert disclosures with reports due for plaintiff by 8/16/99; for defendant by 9/13/99; parties shall file a letter with the Court to notify the Court of the outcome of any pending litigation relevant to this matter. Judge David A. Katz(B, T) (Entered: 08/20/2001)

March 30, 1999
9

Trial Order: Case is scheduled for jury trial 3/28/00 at 9:00 a.m.; plaintiff to submit stipulations regarding undisputed trial facts by 2/29/00; objections due 3/7/00; final stipulations due to Court by 3/14/00; trial briefs and motions in limine, if any shall be filed at least 14 calendar days before the date of trial, all other instructions per Order. Judge David A. Katz(B, T) (Entered: 08/20/2001)

March 30, 1999
10

Preliminary Estimate/Budget of Amount of Fees and Expenses filed by J.H. Routh Packing Co.. (Related document(s)5) (B, T) (Entered: 08/20/2001)

March 31, 1999
11

Preliminary Estimate/Budget of Amount of Fees and Expenses (second) filed by J.H. Routh Packing Co.. (Related document(s)5) (B, T) (Entered: 08/20/2001)

April 6, 1999
13

Order: Court conducted Status Conference on 7/19/99; New discovery and dispositive motion deadlines will be set, if necessary after the Court rules on defendant's motion. Judge David A. Katz(B, T) (Entered: 08/20/2001)

July 16, 1999
14

Motion for extension of time to respond to defendant's Motion for Judgment on the Pleadings until 8/13/99, filed by Equal Employment Opportunity Commission. (Related document(s)12) Modified on 9/11/2001 (B, T) (Entered: 08/20/2001)

July 29, 1999
15

Marginal Entry Order: Granting plaintiff's Motion for extension of time until 8/13/99 to respond to defendant's Motion for Judgment on the Pleadings. Judge David A. Katz (Related Doc # 14) (B, T) Modified on 8/20/2001 (B, T). (Entered: 08/20/2001)

Aug. 6, 1999
16

Opposition (Related Motion(s) 12) to defendant's Motion for Judgment on the Pleadings, filed by Equal Employment Opportunity Commission. Modified on 9/11/2001 (B, T) (Entered: 08/20/2001)

Aug. 16, 1999
17

Motion for leave by defendant to file Reply Brief Instanter to plaintiff's Brief in Opposition to Motion for Summary Judgment, filed by J.H. Routh Packing Co.. (B, T) (Entered: 08/20/2001)

Aug. 26, 1999
18

Marginal Entry Order: Granting defendant's Motion for leave to file reply Brief to plaintiff's Brief in Opposition to Motion for Summary Judgment. Judge David A. Katz (Related Doc # 17) (B, T) (Entered: 08/20/2001)

Sept. 2, 1999
19

Reply (Related Motion(s) 12) by defendant to plaintiff's Brief in Opposition to Motion by defendant for Judgment on the Pleadings, filed by J.H. Routh Packing Co. Modified on 9/11/2001 (B, T) (Entered: 08/20/2001)

Sept. 2, 1999
20

Memorandum Opinion: Defendant's Motion for Judgment on the Pleadings is granted. (related document(s)#12) Judge David A. Katz 8/27/2001 Modified on 9/11/2001 (B, T) (Entered: 08/20/2001)

Oct. 13, 1999
21

Judgment Entry: Ordered that defendant's Judgment on the Pleadings is granted dismissing case. Judge David A. Katz (B, T) (Entered: 08/20/2001)

Oct. 13, 1999
22

Notice of Appeal by plaintiff regarding case dismissal in favor of defendant on 10/13/99; (cc: counsel-notice only) USCA-notice and documents mailed on 12/2/99; Fee not required. filed by Equal Employment Opportunity Commission. (Related document(s)21) (B, T) (Entered: 08/21/2001)

Dec. 2, 1999
23

Transcript Order Form by plaintiff received. Transcript is unnecessary for Appeal purposes. (B,T) (Entered: 08/21/2001)

Dec. 27, 1999
24

Acknowledgment from USCA for the 6th Circuit of receipt of plaintiff- appellant's Notice of Appeal (USCA #: 99-4482) - date received 12/7/99; date filed 12/8/99(B, T) (Entered: 08/21/2001)

Dec. 28, 1999

Certified original pleadings mailed to USCA for the 6th Circuit on 11/3/00 (B, T) Modified on 8/21/2001 (B, T). (Entered: 08/21/2001)

Nov. 2, 2000
25

Acknowledgment from USCA for the 6th Circuit of receipt of plaintiff- appellant's Notice of Appeal (USCA #: 99-4482) - date received 11/3/00; date filed 11/6/00 (1 volume of pleadings) (B, T) (Entered: 08/21/2001)

Nov. 20, 2000
26

Information Copy of Order from USCA reversing the District Court's grant of the defendant's Motion for Judgment on the Pleadings, and remanding for further proceedings. Clerk: Leonard Green; Chief Judge: Martin; Circuit Judges: Jones and Cole. Information Copy issued 4/19/01 ( this is not a mandate Order). (B, T) Modified on 8/21/2001 (B, T). (Entered: 08/21/2001)

April 25, 2001
27

(Mandate) True Copy Order from USCA reversing and remanding the decision of the District Court [Appeal[22-1]]. Mandate issued 7/6/01; Cost:$269.50. Appeal record return deadline 9/18/01; CASE RE- OPENED (B, T) (Entered: 09/26/2001)

July 20, 2001

Record on Appeal returned from USCA for the 6th Circuit ( 1 volume of pleadings). (B, T) (Entered: 08/21/2001)

July 25, 2001
28

Order: Telephone Status Hearing set 8/13/01 at 11:00 a.m. Judge David A. Katz(B, T) (Entered: 08/21/2001)

July 30, 2001
29

Motion to substitute attorney Jeffrey A. Sterns as trial attorney, filed by Equal Employment Opportunity Commission. (B, T) (Entered: 08/21/2001)

Aug. 2, 2001
30

Order: Telephone status conference held 8/13/01; discovery deadline is 3/1/02; plaintiffs expert disclosures with reports due 11/11/01; defendants expert disclosures due 12/3/01; dispositive motion deadline 3/25/02, with 3 weeks for response and 10 days for reply; telephone status conference set 11/26/01 at 9:45 a.m.; final pretrial set 6/10/02 at 2:00 p.m. and jury trial set 7/16/02. Judge David A. Katz (B, T) (Entered: 08/21/2001)

Aug. 17, 2001
31

Trial Order: Jury trial 7/16/02 at 9:00 a,m,; stipulations as to undisputed facts due 6/25/02; objections due 7/2/02; signed stipulations to Court by 7/9/02; trial briefs and motions in limine, if any, by 7/9/02. Judge David A. Katz Modified on 9/11/2001 (B, T) (Entered: 08/21/2001)

Aug. 17, 2001
32

Notice of Placement of case in the CM/ECF Docketing System (S, D) (Entered: 09/11/2001)

Sept. 11, 2001
33

Joint Motion for extension of time for Expert Disclosures filed by Equal Employment Opportunity Commission. (Stern, Jeffrey) (Entered: 09/14/2001)

Sept. 14, 2001
34

ORDER. Judge David A. Katz. This case is ordered into the Court's Electronic Filing System. All pleadings/orders shall be filed electronically. (B, C) (Entered: 09/17/2001)

Sept. 17, 2001
36

Stipulation & Order. Plantiff's expert disclosure w/reports by 11/26/01; Defendant's expert disclosure w/report by 12/17/01. (Katz, David) (Entered: 10/03/2001)

Oct. 3, 2001
37

STIPULATED CONFIDENTIALITY ORDER re: all documents, drawings or plans for the cut floor of deft, as produced or disclosed by deft J.H. Routh Packing Co. Judge David A. Katz. (B, C) (Entered: 10/17/2001)

Oct. 17, 2001
38

Notice of Substitution of Counsel removing attorney Bari E. Goggins and adding attorney Timothy J. Downing filed by on behalf of all defendants. (Downing, Timothy) (Entered: 10/17/2001)

Oct. 17, 2001
39

Notice of Service of EEOC's second interrogatories and requests for production of records filed by J.H. Routh Packing Company. (G, D) (Entered: 11/15/2001)

Nov. 13, 2001
40

ORDER. Phone conference held 11/26/01. Defendant to submit disputed responses for in camera review by 12/10/01. (Katz, David) (Entered: 11/27/2001)

Nov. 27, 2001
41

Notice of production of documents for in camera inspection filed by J.H. Routh Packing Company. (G, D) (Entered: 12/11/2001)

Dec. 6, 2001
42

Notice to take Deposition of William R. Bauer, M.D. or the Records Custodian for William R. Bauer, M.D. and William R. Bauer, M.D., Inc. on January 4, 2002 filed by J.H. Routh Packing Company. (Coppeler, John) (Entered: 12/21/2001)

Dec. 21, 2001
43

Proposed Stipulation filed by Equal Employment Opportunity Commission. (Attachments: # 1 Settlement Agreement)(Stern, Jeffrey) (Entered: 04/12/2002)

April 12, 2002
44

Marginal Order granting stipulated dismissal with prejudice, each party to bear its own fees and costs, subject to terms of settlement agreement. (Judge David A. Katz) (Related document(s)43) (R, Ci) (Entered: 04/18/2002)

April 18, 2002

State / Territory: Ohio

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Dec. 7, 1998

Closing Date: April 18, 2004

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

J.H. Routh Packing Company (Sandusky), 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

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Order Duration: 1999 - 2001

Content of Injunction:

Other requirements regarding hiring, promotion, retention

Reporting

Issues

General:

Disparate Treatment

Pattern or Practice

Discrimination-area:

Accommodation / Leave

Discharge / Constructive Discharge / Layoff

Hiring

Medical Exam / Inquiry

Discrimination-basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits