Case: EEOC v. MAGNETEK, INC.

2:02-cv-00920 | U.S. District Court for the Eastern District of Wisconsin

Filed Date: Sept. 17, 2002

Closed Date: Oct. 17, 2005

Clearinghouse coding complete

Case Summary

The Milwaukee office of the EEOC brought this action in the United States District Court for the Eastern of Wisconsin, against Magnetek Inc. d/b/a Drives & Systems. The complaint, filed in September 2002, alleged disability discrimination in violation of the Americans with Disabilities Act. Specifically, the charging party alleged that Defendant regarded her as having a disability (carpel tunnel syndrome) and this belief motivated its employment decisions. In October 2002 the charging party intervened.

In November 2003, Defendant moved for summary judgment, and, after some discovery, the motion was granted in September 2004 on the grounds that even if the facts relied on upon by the EEOC were considered, the EEOC would not have presented enough evidence upon which a jury could reasonably infer that the Defendant had regarded the charging party as disabled.

Summary Authors

Kevin Wilemon (6/5/2007)

Documents in the Clearinghouse

Document

2:02-cv-00920

Docket [PACER]

EEOC v. MagneTek, Inc.

Oct. 17, 2005

Oct. 17, 2005

Docket
48

2:02-cv-00920

Decision and Order

EEOC v. MagneTek, Inc.

Dec. 27, 2004

Dec. 27, 2004

Order/Opinion
54

2:02-cv-00920

Notice of Appeal

EEOC v. MagneTek, Inc.

Feb. 23, 2005

Feb. 23, 2005

Pleading / Motion / Brief

Resources

Docket

Last updated Aug. 5, 2022, 3:17 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (Summons(es) issued); jury demand Consent Forms Distributed for Magistrate Judge Gorence (jll, ) (Entered: 09/18/2002)

Sept. 17, 2002

Sept. 17, 2002

2

CONSENT to Proceed before Magistrate Judge by plaintiff EEOC (cms, )

Sept. 19, 2002

Sept. 19, 2002

3

Rule 7.4 expedited non-dispositive MOTION to intervene by Debbie Gibbons (jll, ) (Entered: 10/09/2002)

Oct. 8, 2002

Oct. 8, 2002

4

AFFIDAVIT of Nola J. Hitchcock Cross; attachment (jll, ) (Entered: 10/09/2002)

Oct. 8, 2002

Oct. 8, 2002

5

CERTIFICATE of service by Debbie Gibbons (jll, ) (Entered: 10/09/2002)

Oct. 8, 2002

Oct. 8, 2002

7

ANSWER and affirmative defenses by defendant MagneTek Inc to plaintiff's complaint [1-1] (jll, )

Oct. 22, 2002

Oct. 22, 2002

7

ATTORNEY APPEARANCE for defendant MagneTek Inc by Remzy D Bitar (jll, )

Oct. 22, 2002

Oct. 22, 2002

8

REFUSAL to Consent to Proceed before Magistrate Judge by defendant MagneTek Inc (jll, )

Oct. 22, 2002

Oct. 22, 2002

9

CERTIFICATE of interest by defendant MagneTek Inc (jll, )

Oct. 22, 2002

Oct. 22, 2002

10

NOTICE of Hearing: Scheduling Conference Call set for 2/4/2003 09:30 AM before Chief Judge Rudolph T Randa. (jll, ) (Entered: 12/09/2002)

Dec. 6, 2002

Dec. 6, 2002

11

NOTICE of Appearance by Anna M Pepelnjak on behalf of MagneTek Inc (jll, ) (Entered: 01/21/2003)

Jan. 17, 2003

Jan. 17, 2003

12

Joint REPORT of Rule 26(f) Plan by all parties (jll, )

Jan. 28, 2003

Jan. 28, 2003

13

CERTIFICATE OF SERVICE by Defendant MagneTek Inc (jll, )

Jan. 28, 2003

Jan. 28, 2003

14

Minute Entry for proceedings held before Judge Rudolph T Randa : Scheduling Conference Call held on 2/4/2003 Amended Pleadings due by 3/1/2003. Pltf's lay witnes list due: 4/15/03; Deft's lay witness list due: 6/15/03; Discovery due by 10/31/2003. Dispositive motions due by 11/15/03 Plaintiffs Expert Witness Reports due by 7/15/2003. Defendants Expert Witness Reports due by 9/15/2003. Final Pretrial Conference set for 3/29/2004 02:00 PM before Chief Judge Rudolph T Randa. Jury Trial set for 5/10/2004 09:00 AM in Courtroom 320 before Chief Judge Rudolph T Randa. (jll, ) (Entered: 02/05/2003)

Feb. 4, 2003

Feb. 4, 2003

15

SCHEDULING ORDER: (See hearing minutes above) signed by Judge Rudolph T Randa on 2/4/03. (cc: all counsel)(jll, ) (Entered: 02/05/2003)

Feb. 4, 2003

Feb. 4, 2003

16

NOTICE of Appearance by Robert F Tomlinson on behalf of Equal Employment Opportunity Commission (jll, )

June 6, 2003

June 6, 2003

17

STIPULATION AND ORDER for leave to file first amended answer signed by Judge Rudolph T Randa on 9/23/03. (cc: all counsel)(jll, ) (Entered: 09/24/2003)

Sept. 23, 2003

Sept. 23, 2003

18

First AMENDED ANSWER to Complaint by MagneTek Inc. (jll, ) (Entered: 09/24/2003)

Sept. 23, 2003

Sept. 23, 2003

19

MOTION for Summary Judgment by MagneTek Inc. (jll, ) (Entered: 11/18/2003)

Nov. 14, 2003

Nov. 14, 2003

20

BRIEF in Support re [19] MOTION for Summary Judgment filed by MagneTek Inc. (jll, ) (Entered: 11/18/2003)

Nov. 14, 2003

Nov. 14, 2003

21

PROPOSED findings of fact filed by MagneTek Inc (jll, ) (Entered: 11/18/2003)

Nov. 14, 2003

Nov. 14, 2003

22

AFFIDAVIT of Anna M. Pepelnjak (jll, ) (Entered: 11/18/2003)

Nov. 14, 2003

Nov. 14, 2003

23

STIPULATION AND ORDER; ddl for plaintiff and intervenor to respond to defendant's motion for summary judgment is 12/23/03; defendant's reply ddl is 1/12/04. signed by Judge Rudolph T Randa on 12/9/03. (cc: all counsel)(jll, ) (Entered: 12/10/2003)

Dec. 9, 2003

Dec. 9, 2003

Attorney Shannon McDonald for Debbie Gibbons added. (jll, ) (Entered: 12/10/2003)

Dec. 9, 2003

Dec. 9, 2003

24

BRIEF in Opposition re [19] defendant's MOTION for Summary Judgment filed by Equal Employment Opportunity Commission ; attachments. (jll, ) (Entered: 12/23/2003)

Dec. 22, 2003

Dec. 22, 2003

25

RESPONSE to defendant's proposed findings of fact and plaintiff's statement of material facts in opposition to defendant's motion for summary judgment. filed by Equal Employment Opportunity Commission. (jll, ) (Entered: 12/23/2003)

Dec. 22, 2003

Dec. 22, 2003

26

AFFIDAVIT of Robert F. Tomlinson (jll, ) (Entered: 12/23/2003)

Dec. 22, 2003

Dec. 22, 2003

27

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission (jll, ) (Entered: 12/23/2003)

Dec. 22, 2003

Dec. 22, 2003

28

REPLY BRIEF in Support re [19] MOTION for Summary Judgment filed by MagneTek Inc. (jld, )

Jan. 12, 2004

Jan. 12, 2004

29

AFFIDAVIT of Anna M. Pepelnjak (jld, )

Jan. 12, 2004

Jan. 12, 2004

30

NOTICE by MagneTek Inc ; Remzy D. Bitar is no longer an attorney of record on this matter (jld, )

Jan. 14, 2004

Jan. 14, 2004

Attorney Remzy D Bitar terminated. (jld, )

Jan. 14, 2004

Jan. 14, 2004

31

PRETRIAL Report by MagneTek Inc (jld, ) (Entered: 03/25/2004)

March 24, 2004

March 24, 2004

32

PROPOSED Voir Dire questions filed by MagneTek Inc (jld, ) (Entered: 03/25/2004)

March 24, 2004

March 24, 2004

33

PROPOSED Jury Instructions filed by MagneTek Inc (jld, ) (Entered: 03/25/2004)

March 24, 2004

March 24, 2004

34

PROPOSED Special Verdict filed by MagneTek Inc (jld, ) (Entered: 03/25/2004)

March 24, 2004

March 24, 2004

35

PRETRIAL Report by Equal Employment Opportunity Commission (jld, ) (Entered: 03/26/2004)

March 25, 2004

March 25, 2004

36

Minute Entry for proceedings held before Judge Rudolph T Randa : Final Pretrial Conference Call held on 3/29/2004 Motions in limine ddl is 4/26/04; response ddl is 5/3/04. 3-day Jury Trial reset for 5/12/2004 at 09:00 AM in Courtroom 320 before Chief Judge Rudolph T Randa. (jld, ) (Entered: 04/01/2004)

March 29, 2004

March 29, 2004

37

STIPULATION AND ORDER signed by Judge Rudolph T Randa on 4/22/04 that the trial date of 5/12/04 be adjourned. The Court will conduct a telephonic scheduling conference 5/12/2004 11:00 AM to re-set the jury trial. (cc: all counsel)(djd ) (Entered: 04/23/2004)

April 22, 2004

April 22, 2004

Deadlines/Hearings terminated (jury trial 5/12/04). (djd ) (Entered: 04/23/2004)

April 22, 2004

April 22, 2004

38

Minute Entry for proceedings held before Judge Rudolph T Randa : Scheduling Conference Call held on 5/12/2004 Motions in limine ddl is 9/17/04; responses due 9/27/04. Final Pretrial Conference Call set for 9/17/2004 at 10:00 AM before Chief Judge Rudolph T Randa. Jury Trial set for 10/25/2004 at 09:00 AM in Courtroom 320 before Chief Judge Rudolph T Randa. (jld, ) (Entered: 05/13/2004)

May 12, 2004

May 12, 2004

39

AMENDED SCHEDULING ORDER: See hearing minutes above. signed by Judge Rudolph T Randa on 5/12/04. (cc: all counsel)(jld, ) (Entered: 05/13/2004)

May 12, 2004

May 12, 2004

40

Decision and ORDER signed by Judge Rudolph T Randa on 9/10/04 granting [19]Defendant's Motion for Summary Judgment and dismissing this action with prejudice; judgment to be entered. (cc: all counsel) (kmm, ) (Entered: 09/13/2004)

Sept. 10, 2004

Sept. 10, 2004

41

JUDGMENT signed by Deputy Clerk on 9/10/04 dismissing this action with prejudice. (cc: all counsel)(kmm, ) (Entered: 09/13/2004)

Sept. 10, 2004

Sept. 10, 2004

42

MOTION for Reconsideration of summary judgment by Equal Employment Opportunity Commission. (jld, ) (Entered: 09/23/2004)

Sept. 22, 2004

Sept. 22, 2004

43

BRIEF in Support re [42] MOTION for Reconsideration under Fed.R.Civ.P. 59(e) filed by Equal Employment Opportunity Commission. (jld, ) (Entered: 09/23/2004)

Sept. 22, 2004

Sept. 22, 2004

44

BILL OF COSTS Proposed with attachments by MagneTek Inc (Pepelnjak, Anna)

Sept. 27, 2004

Sept. 27, 2004

45

AFFIDAVIT of Anna M. Pepelnjak in Support of Defendant's Bill of Costs (Pepelnjak, Anna)

Sept. 27, 2004

Sept. 27, 2004

Docket Annotation : briefing letter mailed (jld, )

Sept. 28, 2004

Sept. 28, 2004

46

STIPULATION AND ORDER; the time for parties plaintiff and intervenor to respond to defendant's Bill of Costs shall be stayed until the Court has ruled on EEOC's motion for reconsideration signed by Judge Rudolph T Randa on 9/30/04. (cc: all counsel)(jld, ) (Entered: 10/01/2004)

Sept. 30, 2004

Sept. 30, 2004

47

RESPONSE to Motion re [42] MOTION for Reconsideration filed by MagneTek Inc. (jld, ) (Entered: 10/15/2004)

Oct. 14, 2004

Oct. 14, 2004

48

ORDER signed by Judge Rudolph T Randa on December 27, 2004 denying [42] Motion to Amend or Alter Judgment. (cc: all counsel, via US Mail to Jean Kamp)(Randa, Rudolph) (Entered: 12/28/2004)

Dec. 27, 2004

Dec. 27, 2004

49

LETTER re bill of costs, from Anna M. Pepelnjak (jld, ) (Entered: 01/04/2005)

Dec. 30, 2004

Dec. 30, 2004

50

OBJECTIONS to defendant's bill of costs, by Equal Employment Opportunity Commission (Attachments: # 1 Cover Letter)(jld, )

Jan. 10, 2005

Jan. 10, 2005

51

RESPONSE to plaintiff EEOC's objection to bill of costs filed by MagneTek Inc. (cms, ) (Entered: 01/21/2005)

Jan. 20, 2005

Jan. 20, 2005

52

AFFIDAVIT of Anna M. Pepelnjak (cms, ) (Entered: 01/21/2005)

Jan. 20, 2005

Jan. 20, 2005

53

COSTS TAXED for MagneTek Inc by Chief Deputy Clerk in amount of $1,783.85 against plaintiff and plaintiff-intervenor. (cc: all counsel) (jld, ) (Entered: 01/28/2005)

Jan. 27, 2005

Jan. 27, 2005

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 54 Notice of Appeal (cms, )

Feb. 24, 2005

Feb. 24, 2005

USCA Case Number 05-1479 re: 54 Notice of Appeal filed by Equal Employment Opportunity Commission (vlh, )

March 3, 2005

March 3, 2005

Appeal Record Prepared consisting of one volume of pleadings and three loose pleadings #'s 22, 24, 29 re 54 Notice of Appeal (cms, )

March 7, 2005

March 7, 2005

55

LETTER from plaintiff (vlh, ) FILED IN ERROR. SEE 02-C-940 (vlh, ).

July 15, 2005

July 15, 2005

56

USCA Mandate (certified copy) as to 54 Notice of Appeal filed by Equal Employment Opportunity Commission, USCA Number 05-1479, dismissing appeal pursuant to Fed. R. App. P. 42(b) (vlh, ) (Entered: 10/18/2005)

Oct. 17, 2005

Oct. 17, 2005

Case Details

State / Territory: Wisconsin

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 17, 2002

Closing Date: Oct. 17, 2005

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: Unknown

Class Action Outcome: Unknown

Defendants

MagneTek Inc., Drives and Systems, 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

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Disparate Treatment

Discrimination-basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit