Case: EEOC v. TEMCOR, INC.

2:01-cv-08351 | U.S. District Court for the Central District of California

Filed Date: Sept. 27, 2001

Closed Date: June 11, 2002

Clearinghouse coding complete

Case Summary

In September 2001, the EEOC's Los Angeles District Office filed this suit against Temcor, Inc. in the U.S. District Court for the Central District of California alleging discrimination in violation of the Americans with Disabilities Act (ADA). Specifically, the defendant forced the charging party, a deaf employee, to undergo invasive surgery for a cochlear implant in order to retain his job. There were complications, and the implant later had to be removed. After the implant's removal, the d…

In September 2001, the EEOC's Los Angeles District Office filed this suit against Temcor, Inc. in the U.S. District Court for the Central District of California alleging discrimination in violation of the Americans with Disabilities Act (ADA). Specifically, the defendant forced the charging party, a deaf employee, to undergo invasive surgery for a cochlear implant in order to retain his job. There were complications, and the implant later had to be removed. After the implant's removal, the defendant refused to reasonably accommodate the charging party's disability and terminated him. After a couple of settlement conferences, the parties settled the case in June 2002 through a consent decree.

The three-year decree, containing a non-discrimination clause, required the defendant to: designate its President as its EEO Consultant to monitor compliance with the ADA, develop an anti-discrimination policy, create complaint and reasonable accommodation procedures, provide annual ADA training, and report to the EEOC at specified intervals. In addition, the defendant agreed to pay the charging party $135,000.

Summary Authors

Michele Marxkors (6/8/2007)

Documents in the Clearinghouse

Document

2:01-cv-08351

Docket

EEOC v. Temcor, Inc.

March 7, 2003

March 7, 2003

Docket
8

2:01-cv-08351

Complaint in Intervention

EEOC v. Temcor, Inc.

Dec. 12, 2001

Dec. 12, 2001

Complaint
26

2:01-cv-08351

Consent Decree

EEOC v. Temcor, Inc.

June 11, 2002

June 11, 2002

Settlement Agreement

2:01-cv-08351

EEOC Annual Report 2002

EEOC v. Temcor, Inc.

No Court

Sept. 30, 2002

Sept. 30, 2002

Press Release

Resources

Docket

Last updated March 20, 2024, 3:23 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed Summons(es) issued referred to Discovery Robert N. Block (jag) (Entered: 10/01/2001)

Sept. 27, 2001

Sept. 27, 2001

3

WAIVER OF SERVICE of SUMMONS by defendant Temcor Inc sent by plf on 10/3/01 signed by dfts atty John B. Golper on 10/23/01 (twdb) (Entered: 10/25/2001)

Oct. 24, 2001

Oct. 24, 2001

4

WAIVER OF SERVICE of SUMMONS by defendant Temcor Inc sent by plf on 10/3/01 signed by atty for Temcor Inc John B. Golper on 10/23/01. (twdb) (Entered: 10/31/2001)

Oct. 29, 2001

Oct. 29, 2001

5

CERTIFICATION OF INTERESTED PARTIES filed by defendant Temcor Inc (yc) (Entered: 12/06/2001)

Dec. 4, 2001

Dec. 4, 2001

6

ANSWER filed by defendant Temcor Inc to complaint [1-1] (yc) (Entered: 12/06/2001)

Dec. 4, 2001

Dec. 4, 2001

7

STIPULATION TO FILE complaint as plf/intervenor & order by Judge Wm. M. Byrne It is hereby stipulate & agree that the intervening plf Fred Robison may file a complaint in intervention by Judge Mathew Byrne (SEND) (nhac) (Entered: 12/13/2001)

Dec. 12, 2001

Dec. 12, 2001

8

COMPLAINT IN INTERVENTION by intervenor Fred Robison; Demand for trial by jury (SEND) (nhac) (Entered: 12/13/2001)

Dec. 12, 2001

Dec. 12, 2001

11

JOINT REPORT AND PROP DISCOVERY PLAN filed; est length of trial 10 days (yc) (Entered: 01/16/2002)

Jan. 10, 2002

Jan. 10, 2002

9

ORDER by Judge Wm. M. Byrne ; Final Pretrial Conference set for 10:00 6/3/02 ;trial set on 9:00 6/11/02 (yc) (Entered: 01/16/2002)

Jan. 11, 2002

Jan. 11, 2002

10

MINUTES: by Judge Wm M Byrne ; telephone conference set on 12:00 2/13/02 CR: NOt Present (yc) (Entered: 01/16/2002)

Jan. 11, 2002

Jan. 11, 2002

12

MINUTES: The crt on its own mot rescheds telephone conf call ; telephone conference reset on 2:00 2/12/02 by Judge Wm. M. Byrne CR: n/a (twdb) (Entered: 02/11/2002)

Feb. 8, 2002

Feb. 8, 2002

13

MINUTES: The crt of its own mot resched the conf call ; Telephone conference set on 11:30 2/15/02 by Judge Wm. M. Byrne CR: n/a (twdb) (Entered: 02/13/2002)

Feb. 12, 2002

Feb. 12, 2002

14

MINUTES: (IN CHAMBERS)by Wm M. Byrne ; telephone conference set on 11:00 2/21/02 CR: Not Present (yc) (Entered: 02/19/2002)

Feb. 15, 2002

Feb. 15, 2002

15

APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case filed for defendant Temcor Inc by Thomas H Lee. Designating E Lee Horton as local counsel. Approved by Judge Wm. M. Byrne . (Fee pd) (twdb) (Entered: 02/20/2002)

Feb. 19, 2002

Feb. 19, 2002

17

MINUTES: Crt & cnsl discuss status of the case & sched a further conf call. Telephone conference set on 11:45 3/5/02 by Judge Wm. M. Byrne CR: n/a (twdb) (Entered: 03/04/2002)

Feb. 21, 2002

Feb. 21, 2002

19

STIPULATION and ORDER to cont trial & pretrial conf by 90 days by Judge Wm. M. Byrne. Discov is sched to close on 5/1/02, per the ptys joint rpt & discov plan, which plan was approved by the crt. The pretrial conf is set for 6/3/02 and the trial is set to begin on 6/11/02. (twdb) (Entered: 03/11/2002)

Feb. 21, 2002

Feb. 21, 2002

16

NOTICE AND REQUEST Of Settlement Procedure Selection fld Parties request to apr before Discovery Robert N. Block for sttlmnt procdgs Order by Judge Wm. M. Byrne granting settlement procedure selection request [16-1] (twdb) (Entered: 02/26/2002)

Feb. 25, 2002

Feb. 25, 2002

18

MINUTES: In chambers: conf call off record; status of case discussed; fur telephone conference set on 12:00 3/26/02 ; crt will initiate conf call by Judge Wm. M. Byrne CR: none (lc) (Entered: 03/08/2002)

March 5, 2002

March 5, 2002

20

ORDER RE Sttlmnt Conf by Discovery Robert N. Block. This case has been referred to Mag Judge Robert N. Block for sttlmnt proceedings. Within 30 days of the date of this ord, the ptys shall confer with each other and advise Mag Judge Block's courtroom deputy clerk, Marsha Eugene Domingue, (213) 894-6512, of the date they are requesting for the sttlmnt conf. (twdb) (Entered: 03/20/2002)

March 19, 2002

March 19, 2002

21

MINUTES: In accordance with req of cnsl, the sttlmnt conf herein is calendared for 5/1/02 at 2:00 p.m., in courtroom 540. Cnsl are advised that the crt expects strict compliance with all the terms of its ord re sttlmnt conf, including the requirements that (a) cnsl who will try the case be personally present; (b) good faith sttlmnt offers be exchanged in accordance with 10 of the ord, and (c) the ptys sttlmnt conf stmts and confidential addenda comply with 11 and 12 of the ord by Discovery Robert N. Block CR: n/a (twdb) (Entered: 03/28/2002)

March 25, 2002

March 25, 2002

22

MINUTES: Crt & cnsl discuss the status of the case and vac the pretrial & trial dates ; Telephone conference held; Final Pretrial Conference set for 3:30 7/1/02; Trial set on 9:00 7/9/02 by Judge Wm. M. Byrne CR: n/a (twdb) (Entered: 04/09/2002)

March 26, 2002

March 26, 2002

23

MINUTES: On 5/1/02, the ptys and their cnsl appeared before the crt for a sttlmnt conf. During the ensuing 2-1/2 hours of sttlmnt discussions, substantial progress was made and agreement in principle was reached on certain terms. The crt ord the ptys to return on 5/6/02 for a further sttlmnt conf ; Settlement conference 2:00 5/6/02 by Judge Robert N. Block Tape: 556 (twdb) (Entered: 05/02/2002)

May 1, 2002

May 1, 2002

24

MINUTES: Further sttlmnt conf. On 5/6/02, the ptys and their cnsl appeared before the crt for a further sttlmnt conf. After approximately 2 more hours of sttlmnt discussions, a complete sttlmnt of case was reached & recited on the record. The sttlmnt agreement further contemplates that Judge Byrne will determine the amt of attys fees to be awarded to plf Robison's cnsl. The ptys also agreed to an immediate stay of all further discov pending finalization of the sttlmnt. Settlement conference held by Judge Wm. M. Byrne CR: n/a (twdb) (Entered: 05/09/2002)

May 6, 2002

May 6, 2002

25

NOTICE OF SETTLEMENT filed by plaintiff US EEOC (yc) (Entered: 05/16/2002)

May 10, 2002

May 10, 2002

26

CONSENT DECREE by Judge Wm. M. Byrne. In sttlmnt of all monetary claims of the individually named intervenor, other than attys fees & costs, dft shall pay $135,000.00 to plf Intervenor Fred Robison, 14% of which constitutes backpay & 86% of which constitutes compensation of physical injury. Dft shall pay to Mr. $7,000 constitutes backpay & $43,000.00 constitutes damages for physical injury. Dft shall pay the balance $85,000.00 to Mr. Robison in Jan of 2003, of which $11,900.00 constitutes backpay & $73,100.00 constitutes damages for physical injury. The plf intervenor is the prevailing pty for the purpose of an award of attys fees and costs. Dft shall pay 1/3 of the awarded attys fees & costs within 15 days of the crt's ord awarded such fees & costs. Dft shall pay the balance in Jan of 2003. The provisions of the foregoing consent decree are hereby approved and compliance with all provisions thereof is HEREBY ORD. terminating case (MD JS-6) (ENT 6/13/02), mld ntcs. (twdb) Modified on 06/13/2002 (Entered: 06/13/2002)

June 11, 2002

June 11, 2002

27

NOTICE OF MOTION AND MOTION by plaintiff US EEOC for order establishing amt of atty's fees & costs ; Motion hearing set for 10:00 8/5/02. Lodged Propsd ord (twdb) (Entered: 07/10/2002)

July 9, 2002

July 9, 2002

28

PROOF OF SERVICE on 7/9/02 of ntc of mot, etc (twdb) (Entered: 07/10/2002)

July 9, 2002

July 9, 2002

29

DECLARATION of Richard Rothschild by plaintiff US EEOC in suppt of motion for order establishing amt of atty's fees & costs [27-1] (twdb) (Entered: 07/10/2002)

July 9, 2002

July 9, 2002

30

DECLARATION of Dana Johnson by plaintiff US EEOC in suppt of motion for order establishing amt of atty's fees & costs [27-1] (twdb) (Entered: 07/10/2002)

July 9, 2002

July 9, 2002

31

DECLARATION of Walter Cochran-Bond by plaintiff US EEOC in suppt of motion for order establishing amt of atty's fees & costs [27-1] (twdb) (Entered: 07/10/2002)

July 9, 2002

July 9, 2002

32

DECLARATION of Richard M. Pearl by plaintiff US EEOC in suppt of motion for order establishing amt of atty's fees & costs [27-1] (twdb) (Entered: 07/10/2002)

July 9, 2002

July 9, 2002

33

DECLARATION of Carol A. Sobel by plaintiff US EEOC in suppt of motion for order establishing amt of atty's fees & costs [27-1] (twdb) (Entered: 07/10/2002)

July 9, 2002

July 9, 2002

34

DECLARATION of Barrett S. Litt by plaintiff US EEOC in suppt of motion for order establishing amt of atty's fees & costs [27-1] (twdb) (Entered: 07/10/2002)

July 9, 2002

July 9, 2002

35

DECLARATION of Bryan Barnet Miller by plaintiff US EEOC in suppt of motion for order establishing amt of atty's fees & costs [27-1] (twdb) (Entered: 07/10/2002)

July 9, 2002

July 9, 2002

36

RESPONSE by defendant Temcor Inc in opp to plf's motion for order establishing amt of atty's fees & costs [27-1] (twdb) (Entered: 07/23/2002)

July 22, 2002

July 22, 2002

37

REPLY brief by plaintiff US EEOC to Temcor's opp to motion for order establishing amt of atty's fees & costs [27-1] (twdb) (Entered: 07/30/2002)

July 29, 2002

July 29, 2002

38

OBJECTIONS by plaintiff US EEOC, Req to strike & Req for sancs to Temcor's opp to motion for order establishing amt of atty's fees & costs [27-1] (twdb) (Entered: 07/30/2002)

July 29, 2002

July 29, 2002

LODGED/PROPOSED ORDER submitted by plaintiff US EEOC for opposition [38-1] .(FWD TO CRD) (twdb) (Entered: 07/30/2002)

July 29, 2002

July 29, 2002

PLACED IN FILE - NOT USED - prop ord gr pla Robison's mot for award of reasonable atty fees. (sv) (Entered: 09/20/2002)

Sept. 19, 2002

Sept. 19, 2002

40

ORDER by Judge Wm. M. Byrne granting motion for order establishing amt of atty's fees & costs [27-1]. (ENT 9/23/02), mld ntcs. (twdb) (Entered: 09/23/2002)

Sept. 19, 2002

Sept. 19, 2002

ABSTRACT OF JUDGMENT issued for LITT & Associates against Temcor, Inc in the amount of attorney fees of $ 231,000 and costs of $ 7,725.45 (twdb) (Entered: 11/22/2002)

Nov. 21, 2002

Nov. 21, 2002

ABSTRACT OF JUDGMENT issued for Fred Robison against Temcor, Inc in the amount of $ 135,000 principal (twdb) (Entered: 11/22/2002)

Nov. 21, 2002

Nov. 21, 2002

41

SATISFACTION OF JUDGMENT re [26-2] as to plaintiff US EEOC (yc) (Entered: 03/10/2003)

March 7, 2003

March 7, 2003

42

SATISFACTION OF JUDGMENT re [26-2] as to plaintiff US EEOC (yc) (Entered: 03/10/2003)

March 7, 2003

March 7, 2003

Case Details

State / Territory: California

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 27, 2001

Closing Date: June 11, 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

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

Plaintiff Type(s):

Private Plaintiff

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Temcor, Inc. (Los Angeles, CA), Private Entity/Person

Case Details

Causes of Action:

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

State Anti-Discrimination Law

Available Documents:

Trial Court Docket

Complaint (any)

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: 135000

Order Duration: 2002 - 2005

Content of Injunction:

Discrimination Prohibition

Develop anti-discrimination policy

Provide antidiscrimination training

Implement complaint/dispute resolution process

Reporting

Recordkeeping

Issues

Discrimination-area:

Disparate Treatment

Accommodation / Leave

Discharge / Constructive Discharge / Layoff

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

Discrimination-basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit