Case: EEOC v. Convergys Customer Management Group, Inc.

4:04-cv-00846 | U.S. District Court for the Eastern District of Missouri

Filed Date: July 8, 2004

Closed Date: Aug. 31, 2007

Clearinghouse coding complete

Case Summary

In July 2004 the Saint Louis District Office of the EEOC filed this lawsuit against Convergys Customer Management Group, Inc. in the U.S. District Court for the Eastern District of Missouri alleging discrimination on the basis of physical disability in violation of the Americans with Disabilities Act and Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged the defendant failed to reasonably accommodate the complainant's physical disability. Following extensive discov…

In July 2004 the Saint Louis District Office of the EEOC filed this lawsuit against Convergys Customer Management Group, Inc. in the U.S. District Court for the Eastern District of Missouri alleging discrimination on the basis of physical disability in violation of the Americans with Disabilities Act and Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged the defendant failed to reasonably accommodate the complainant's physical disability. Following extensive discovery and the granting of a partial motion for summary judgment in the defendant's favor, the dispute was tried before a jury in April 2006. The jury returned a verdict in favor of the plaintiff, which the defendant appealed to the U.S. Court of Appeals for the Eighth Circuit. The Eighth Circuit Court of Appeals affirmed the District Court's decision.

The judgment required the defendant to: provide a neutral recommendation to the complaining party and pay $159,040.60 in damages, costs and attorney's fees to the complaining party and the EEOC.

Summary Authors

David Friedman (6/9/2008)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5482565/parties/eeoc-v-convergys-customer-management-group-inc/


Judge(s)
Attorney for Plaintiff

Johnson, Robert G. (Missouri)

Jordan, Laura M. (Missouri)

Attorney for Defendant

Bonacorsi, Mary M. (Missouri)

Freeman, Erica L. (Missouri)

Expert/Monitor/Master/Other

Fagras, Michael J. (Missouri)

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Documents in the Clearinghouse

Document

4:04-cv-00846

06-02874

8th Circuit Docket

EEOC v. Convergys Customer

U.S. Court of Appeals for the Eighth Circuit

March 15, 2007

March 15, 2007

Docket

4:04-cv-00846

Docket [PACER]

Sept. 17, 2007

Sept. 17, 2007

Docket
1-1

4:04-cv-00846

Complaint

July 8, 2004

July 8, 2004

Complaint
7

4:04-cv-00846

Plaintiff-Intervener's Complaint

Aug. 10, 2004

Aug. 10, 2004

Complaint
17

4:04-cv-00846

Plaintiff-Intervener's Motion to Intervene

Nov. 16, 2004

Nov. 16, 2004

Pleading / Motion / Brief
18

4:04-cv-00846

Memorandum and Order [Granting Motion to Intervene]

Dec. 10, 2004

Dec. 10, 2004

Order/Opinion
68

4:04-cv-00846

Partial Judgment

Jan. 19, 2006

Jan. 19, 2006

Order/Opinion
67

4:04-cv-00846

Memorandum and Order

Jan. 19, 2006

Jan. 19, 2006

Order/Opinion
125

4:04-cv-00846

Memorandum and Order [Denying Pltf's Motion to Amended Judgment]

April 6, 2006

April 6, 2006

Order/Opinion
137

4:04-cv-00846

[Order Denying] Motion for Directed Verdict

April 12, 2006

April 12, 2006

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5482565/eeoc-v-convergys-customer-management-group-inc/

Last updated Feb. 8, 2024, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against defendant Convergys Customer Management Group, Inc. Waivers issued 1, Consents issued 2, Disclosure of Corporate Interest issued to deft, Jury Demand,, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet # 2 Original Filing Form)(SAJ, ) (Entered: 07/08/2004)

July 8, 2004

July 8, 2004

2

ENTRY of Appearance by Laura M. Jordan Defendant Convergys Customer Management Group, Inc.. (Jordan, Laura) (Entered: 07/16/2004)

July 16, 2004

July 16, 2004

3

CJRA ORDER (jgw). Judge Terry I. Adelman termed. Case reassigned to Judge Carol E. Jackson for all further proceedings. (KLH, ) (Entered: 07/20/2004)

July 20, 2004

July 20, 2004

4

ENTRY of Appearance by Michael J. Fagras Plaintiff Equal Employment Opportunity Commission. (Fagras, Michael) (Entered: 07/20/2004)

July 20, 2004

July 20, 2004

5

MOTION to Withdraw as Attorney ;attorney/firm Michael J. Fagras. (Fagras, Michael) (Entered: 07/22/2004)

July 22, 2004

July 22, 2004

6

ORDERED that attorney Michael Fagras' Motion to Withdraw his appearance as co-counsel for plaintiff 5 is granted. Attorney Michael J. Fagras terminated, notified by mail. Signed by Judge Carol E. Jackson on 7/27/04. (KLH, ) Modified on 7/27/2004 (KLH, ). (Entered: 07/27/2004)

July 27, 2004

July 27, 2004

7

Intervenor COMPLAINT JuryDemand,, filed by Ahmet Yigit Demerelli.(Fagras, Michael) (Entered: 08/10/2004)

Aug. 10, 2004

Aug. 10, 2004

Clearinghouse
8

ENTRY of Appearance by Mary M. Bonacorsi Defendant Convergys Customer Management Group, Inc.. (Bonacorsi, Mary) (Entered: 09/03/2004)

Sept. 3, 2004

Sept. 3, 2004

9

ANSWER AND AFFIRMATIVE DEFENSES to Complaint by Convergys Customer Management Group, Inc..(Jordan, Laura) Modified on 9/7/2004 (JMW, ), added the words "AND AFFIRMATIVE DEFENSES". (Entered: 09/03/2004)

Sept. 3, 2004

Sept. 3, 2004

Clearinghouse
10

DISCLOSURE OF CORPORATION INTERESTS CERTIFICATE by Defendant Convergys Customer Management Group, Inc. Parent companies: Convergys Corporation, Subsidiaries: None, Publicly held company: None,. (Jordan, Laura) (Entered: 09/03/2004)

Sept. 3, 2004

Sept. 3, 2004

11

ORDER this case shall be returned to the Clerk of the Court for reassignment to another District Judge. Signed by Judge Carol E. Jackson on 9/10/04. (LLW, ) (Entered: 09/10/2004)

Sept. 10, 2004

Sept. 10, 2004

12

ORDER REASSIGNING CASE (JGW). Case reassigned to Judge Charles A. Shaw for all further proceedings. Judge Carol E. Jackson no longer assigned to case pursuant to the Court's Order of this datesigned on 9/10/04. (LLW, ) (Entered: 09/10/2004)

Sept. 10, 2004

Sept. 10, 2004

13

RULE 16 ORDER This case is assigned to Track: 2. Joint Scheduling Plan due by 10/21/2004. Rule 16 Conference set for 11/5/2004 09:40 AM in Courtroom 12N before Honorable Charles A. Shaw. Signed by Judge Charles A. Shaw on 9/13/04. (KXS, ) (Entered: 09/13/2004)

Sept. 13, 2004

Sept. 13, 2004

14

JOINT SCHEDULING PLAN by Plaintiff Equal Employment Opportunity Commission. JOINT PROPOSED SCHEDULING PLAN . (Seely, Barbara) (Entered: 10/13/2004)

Oct. 13, 2004

Oct. 13, 2004

15

CASE MANAGEMENT ORDER This case is assigned to Track: standard Motion to Join Parties due by 12/20/2004. Discovery Completion due by 7/11/2005. ADR Future Reference 1/24/2005. Dispositive Motions due by 9/19/2005. Jury Trial set for 2/13/2006 09:00 AM before Honorable Charles A. Shaw. Pretrial Conference set for 2/9/2006 02:00 PM before Honorable Charles A. Shaw. Pretrial Compliance due by 1/25/2006.. Signed by Judge Charles A. Shaw on 11/5/04. (JWJ, ) (Entered: 11/05/2004)

Nov. 5, 2004

Nov. 5, 2004

16

Minute Entry for proceedings held before Judge Charles A. Shaw : Rule 16 Conference held on 11/5/2004. Parties present in person. Scheduling conference held in courtroom. Case management order to follow. (Court Reporter or FTR Gold Operator initials:none.) (FTR Gold yes or no: no.) (proceedings started: 9:49 am.) (proceedings ended: 9:56 am.) (MRC, ) (Entered: 11/08/2004)

Nov. 5, 2004

Nov. 5, 2004

17

MOTION to Intervene by Intervenor Plaintiff Ahmet Yigit Demerelli. (Fagras, Michael) (Entered: 11/16/2004)

Nov. 16, 2004

Nov. 16, 2004

Clearinghouse
18

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that movant Ahmet Demerelli's mtn to intervene is GRANTED. (#17) IT IS FURTHER ORDERED that the Clerk of Court shall amend the caption of this case...IT IS FURTHER ORDERED that deft shall file its response to pltf/intervenor's complaint within 20 days of the date of this memorandum and order. Signed by Judge Charles A. Shaw on 12/10/04. (KXS, ) (Entered: 12/13/2004)

Dec. 10, 2004

Dec. 10, 2004

Clearinghouse
19

ANSWER to Intervenor Complaint Defendant by Convergys Customer Management Group, Inc..(Jordan, Laura) (Entered: 12/29/2004)

Dec. 29, 2004

Dec. 29, 2004

Clearinghouse
20

ORDER REFERRING CASE to Alternative Dispute Resolution. This case is referred to: Mediation Designation of Lead Counsel: Barbara A.Seely ADR Completion Deadline due by 3/25/2005. Designation of Neutral due by 2/8/2005. ADR Conference Schedule due by 2/8/2005.. Signed by Judge Charles A. Shaw on 1/24/2005. (MRC, ) (Entered: 01/24/2005)

Jan. 24, 2005

Jan. 24, 2005

21

Joint MOTION for Protective Order by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1)(Seely, Barbara) (Entered: 01/28/2005)

Jan. 28, 2005

Jan. 28, 2005

22

AGREED AND STIPULATED PROTECTIVE ORDER . Signed by Judge Charles A. Shaw on 2/1/05. (KXS, ) (Entered: 02/02/2005)

Feb. 1, 2005

Feb. 1, 2005

23

Designation of Neutral by parties and ADR Conference Report by Plaintiff Equal Employment Opportunity Commission Neutral: Charles Elbert Date of Conference: 03/16/05 time: 9:00 a.m. Location: Other(Seely, Barbara) (Entered: 03/16/2005)

March 16, 2005

March 16, 2005

24

NOTICE of Appointment of Neutral Neutral name: Charles Elbert, Neutral selected by parties, notice of appointment and order of referral mailed to Neutral Elbert.(SAC, ) (Entered: 03/16/2005)

March 16, 2005

March 16, 2005

25

ADR COMPLIANCE REPORT by Neutral: Charles Elbert, Date of Conference: March 16, 2005, participated in good faith: yes, the parties DID NOT achieve a settlement.(SAC, ) (Entered: 03/23/2005)

March 21, 2005

March 21, 2005

26

MOTION for Extension of Time to File ;Extension to file the following: Answers and Objections to Plaintiff's First Requests for Admissions, Fourth Interrogatories, and Sixth Request for Production of Documents ;Proposed extension date 5/16/2005 by Defendant Convergys Customer Management Group, Inc.. (Jordan, Laura) Modified on 4/25/2005 (JWJ, ). (Entered: 04/25/2005)

April 25, 2005

April 25, 2005

27

ORDER IT IS HEREBY ORDERED that defendant's motion for an extension of time to file answersand objections to discovery requests is GRANTED. [Doc. 26]IT IS FURTHER ORDERED that defendant shall provide to plaintiff its answers andobjections to plaintiff's First Requests for Admissions, Fourth Interrogatory Request, and SixthRequest for Production of Documents no later than May 16, 2005. Signed by Judge Charles A. Shaw on 4/28/05. (KXS, ) (Entered: 04/28/2005)

April 28, 2005

April 28, 2005

28

MOTION for Protective Order by Defendant Convergys Customer Management Group, Inc.. (Jordan, Laura) (Entered: 06/22/2005)

June 22, 2005

June 22, 2005

29

MEMORANDUM in Support of Motion re 28 MOTION for Protective Order filed by Defendant Convergys Customer Management Group, Inc.. (Attachments: # 1 Exhibit A-30(b)(6) Notice# 2 Exhibit B - EEOC's 5th Interrogatories# 3 Exhibit C-EEOC's 7th Request for Production# 4 Exhibit D - EEOC's 2nd Request for Admissions# 5 Exhibit E - Depo of T. Horstmann# 6 Exhibit F - Affidavit of Laura Jordan)(Jordan, Laura) (Entered: 06/22/2005)

June 22, 2005

June 22, 2005

30

MEMORANDUM in Opposition re 28 MOTION for Protective Order filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4)(Seely, Barbara) (Entered: 07/01/2005)

July 1, 2005

July 1, 2005

31

ORDER IT IS HEREBY ORDERED that a hearing on defendant Convergys Customer ManagementGroup, Inc.'s motion for protective order is scheduled for Tuesday, July 12, 2005, at 9:30 a.m. inCourtroom 12-North. Signed by Judge Charles A. Shaw on 7/5/05. (KXS, ) (Entered: 07/05/2005)

July 5, 2005

July 5, 2005

32

ENTRY of Appearance by Erica L. Freeman Defendant Convergys Customer Management Group, Inc.. (Freeman, Erica) (Entered: 07/11/2005)

July 11, 2005

July 11, 2005

33

Minute Entry for proceedings held before Judge Charles A. Shaw : Motion Hearing held on 7/12/2005 re 28 MOTION for Protective Order filed by Convergys Customer Management Group, Inc.,. Hearing on deft's motion for protective order arguments heard. Motion is granted in part and denied in part. (Court Reporter or FTR Gold Operator initials:Lynn Shrum.) (FTR Gold yes or no: no.) (proceedings started: 9:45.) (proceedings ended: 10:15.) (JWJ, ) (Entered: 07/13/2005)

July 12, 2005

July 12, 2005

34

RESPONSE TO COURT ORDER re 28 MOTION for Protective Order by Defendant Convergys Customer Management Group, Inc.. (Attachments: # 1 Proposed Order)(Jordan, Laura) (Entered: 07/26/2005)

July 26, 2005

July 26, 2005

35

ORIGINAL TRANSCRIPT (Pilot) procedings of Hearing held on 7/12/05 before Judge Charles A. Shaw. Court Reporter: L. Shrum. The transcript filed with the court will not be remotely available until such time as the period for redaction has expired or a request for redaction has been received and the redacted transcript filed. For additional information see the Notice/Instructions to the Bar regarding Electronic Availability of Civil Transcripts on the Court's website at www.moed.uscourts.gov (KCM, ) (Entered: 07/26/2005)

July 26, 2005

July 26, 2005

37

MOTION for Leave to File Amended Answer by Defendant Convergys Customer Management Group, Inc.. (Jordan, Laura) (Entered: 09/06/2005)

Sept. 6, 2005

Sept. 6, 2005

38

AMENDED ANSWER to Plaintiff EEOC's Complaint by Defendant Convergys Customer Management Group, Inc.. (Jordan, Laura) Modified on 10/6/2005 (LGK, ). PURSUANT TO ORDER ENTERED 10/5/05 THIS DOCUMENT HAS BEEN DELETED. (Entered: 09/06/2005)

Sept. 6, 2005

Sept. 6, 2005

39

AMENDED ANSWER to Plaintiff-Intervener's Complaint by Defendant Convergys Customer Management Group, Inc.. (Jordan, Laura) Modified on 10/6/2005 (LGK, ). PURSUANT TO ORDER ENTERED 10/5/05 THIS DOCUMENT HAS BEEN DELETED. (Entered: 09/06/2005)

Sept. 6, 2005

Sept. 6, 2005

40

MOTION for Extension of Time to File ;Extension to file the following: Motion for Summary Judgment ;Proposed extension date September 30, 2005 by Defendant Convergys Customer Management Group, Inc.. (Jordan, Laura) (Entered: 09/07/2005)

Sept. 7, 2005

Sept. 7, 2005

41

ORDER IT IS HEREBY ORDERED that defendant's motion for an extension of time to file itsmotion for summary judgment is GRANTED. [Doc. 40]IT IS FURTHER ORDERED that the Case Management Order issued November 5, 2004,is modified as follows: (see order for further details). IT IS FURTHER ORDERED that except as modified herein, the provisions of the CaseManagement Order issued November 5, 2004, remain in full force and effect, particularly SectionII, Order Relating to Trial.Failure to comply with any part of this Order may result in the imposition of sanctions,including but not limited to dismissal of the action, entry of a default judgment or restrictionson the admissibility of certain evidence. See Local Rule 5.04. Dispositive Motions due by 9/30/2005. Signed by Judge Charles A. Shaw on 9/8/05. (KXS, ) (Entered: 09/08/2005)

Sept. 8, 2005

Sept. 8, 2005

42

MEMORANDUM in Opposition re 37 MOTION for Leave to File Amended Answer filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 # 2 # 3 # 4)(Seely, Barbara) (Entered: 09/14/2005)

Sept. 14, 2005

Sept. 14, 2005

43

AMENDED MEMORANDUM in Opposition re 37 MOTION for Leave to File Amended Answer filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4)(Seely, Barbara) Modified on 9/15/2005 (MRC, ). (Entered: 09/14/2005)

Sept. 14, 2005

Sept. 14, 2005

44

Defendant's Reply Memorandum In Support of Motion re 37 MOTION for Leave to File Amended Answer filed by Defendant Convergys Customer Management Group, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J)(Jordan, Laura) Modified on 9/26/2005 (MRC, ). [Document was filed as "Memorandum In Support of Motion" Docket Text Modified appropriately to reflect document filed.] (Entered: 09/23/2005)

Sept. 23, 2005

Sept. 23, 2005

46

ORDER - IT IS HEREBY ORDERED that plaintiff and plaintiff-intervenor's motion for oral argument on defendant's motion for leave to file an amended answer is DENIED. IT IS FURTHER ORDERED that plaintiff and plaintiff-intervenor's alternative motion for leave to file a sur-reply is GRANTED. IT IS FURTHER ORDERED that plaintiff and plaintiff-intervenor shall file any sur-reply no later than September 29, 2005 re 45 MOTION for Hearing, filed by Equal Employment Opportunity Commission, . Signed by Judge Charles A. Shaw on 9/28/2005. (MRC, ) (Entered: 09/28/2005)

Sept. 28, 2005

Sept. 28, 2005

47

SURREPLY to Motion re 37 MOTION for Leave to File Amended Answer filed by Plaintiff Equal Employment Opportunity Commission. (Seely, Barbara) (Entered: 09/29/2005)

Sept. 29, 2005

Sept. 29, 2005

48

MOTION for Summary Judgment by Defendant Convergys Customer Management Group, Inc.. (Jordan, Laura) (Entered: 09/30/2005)

Sept. 30, 2005

Sept. 30, 2005

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49

MEMORANDUM in Support of Motion re 48 MOTION for Summary Judgment filed by Defendant Convergys Customer Management Group, Inc.. (Attachments: # 1 Exhibit A Part 1 of 3# 2 Exhibit A Part 2 of 3# 3 Exhibit A Part 3 of 3# 4 Exhibit B# 5 Exhibit C# 6 Exhibit D# 7 Exhibit E# 8 Exhibit F# 9 Exhibit G# 10 Exhibit H# 11 Exhibit I# 12 Exhibit J# 13 Exhibit K# 14 Exhibit L# 15 Exhibit M# 16 Exhibit N# 17 Exhibit O# 18 Exhibit P)(Jordan, Laura) (Entered: 09/30/2005)

Sept. 30, 2005

Sept. 30, 2005

50

MOTION for Leave to Submit Memorandum of Law in Support of Motion for Summary Judgment in Excess of Fifteen Pages by Defendant Convergys Customer Management Group, Inc.. (Jordan, Laura) (Entered: 09/30/2005)

Sept. 30, 2005

Sept. 30, 2005

51

MOTION for Partial Summary Judgment by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7 # 8 # 9 # 10 # 11 # 12 # 13 # 14 # 15 # 16 # 17 # 18 # 19 # 20 # 21 # 22 # 23 # 24 # 25)(Seely, Barbara) (Entered: 09/30/2005)

Sept. 30, 2005

Sept. 30, 2005

Clearinghouse

Docket Text ORDER re 50 MOTION for Leave to Submit Memorandum of Law in Support of Motion for Summary Judgment in Excess of Fifteen Pages by Defendant Convergys Customer Management Group, Inc. (Jordan, Laura) filed by Convergys Customer Management Group, Inc.; ORDERED GRANTED. Signed by Judge Charles A. Shaw on October 3, 2005. (EMW) (Entered: 10/03/2005)

Oct. 3, 2005

Oct. 3, 2005

52

MEMORANDUM AND ORDER re: 37 MOTION for Leave to File Amended Answer filed by Convergys Customer Management Group, Inc., motion is granted. FURTHER ORDERED that the Clerk of Court shall delete documents 38 and 39 from the record. FURTHER ORDERED that deft. Convergys Customer Management Group, Inc., shall file its answers to pltf. and pltf-intervenor's complaints no later than 10/11/05. Response to Court due by 10/11/2005.. Signed by Judge Charles A. Shaw on 10/5/05. (LGK, )

Oct. 5, 2005

Oct. 5, 2005

RECAP
54

AMENDED ANSWER to Plaintiff-Intervener's Complaint by Defendant Convergys Customer Management Group, Inc.. (Jordan, Laura) (Entered: 10/06/2005)

Oct. 6, 2005

Oct. 6, 2005

Clearinghouse
55

MOTION for Leave to File in Excess of Page Limitation by Plaintiff Equal Employment Opportunity Commission. (Seely, Barbara) (Entered: 10/28/2005)

Oct. 28, 2005

Oct. 28, 2005

56

STATEMENT of Material Facts re 48 MOTION for Summary Judgment and Response to Defendant's Statement of Undisputed Facts filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Deposition of Ahmet Demirelli# 2 Exhibit Village Square Office Lease# 3 Exhibit Deposition of Janet Gail Weaver# 4 Exhibit Affidavit of Donald G. Volmert# 5 Exhibit Deposition of Stephen Brookins# 6 Exhibit Counseling Record Form# 7 Exhibit Counseling Record Form# 8 Exhibit Deposition of Laura Ashton# 9 Exhibit Associate Guide# 10 Exhibit Deposition of Loretta Hill# 11 Exhibit Deposition of Teresa Horstmann# 12 Exhibit Affidavit of Yigit Demirelli# 13 Exhibit Deposition of Chester Moyer# 14 Exhibit Westlaw# 15 Exhibit Deposition of Tara Match# 16 Exhibit Deposition of Marlon D. Mitchell# 17 Exhibit Deposition of LaShonDa R. Aldridge# 18 Errata Counseling Record Form# 19 Exhibit Employee Schedule Exception Report# 20 Exhibit Counseling Record Form# 21 Exhibit Semi-Annual Performance Appraisal Worksheet# 22 Exhibit Written Appraisal of Performance Measurement# 23 Exhibit Transcript of Hearing Before the Honorable Charles A. Shaw# 24 Exhibit Deposition of Marsha Etheridge# 25 # 26 Exhibit Job Description# 27 Exhibit Site Plan# 28 Exhibit Associate Review# 29 Exhibit Counseling Record Form# 30 Exhibit Counseling Record Form# 31 Exhibit Counseling Record Form# 32 Exhibit Summary of Discussion with Yigit Demirreli# 33 Exhibit Employee Attendance Report# 34 Exhibit 365 day attendance record for tardies# 35 Exhibit Counseling Record Form# 36 Exhibit U.S. Department of Justice Immigration and Naturalization Service# 37 Exhibit Individual Schedules# 38 Exhibit Citizenship and Immigration Services)(Seely, Barbara) (Entered: 10/28/2005)

Oct. 28, 2005

Oct. 28, 2005

58

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiff Equal Employment Opportunity Commission'smotion for leave to submit memorandum in opposition to defendant's motion for summary judgmentin excess of fifteen pages is GRANTED in part an d DENIED in part. [Doc. 55]IT IS FURTHER ORDERED that plaintiff shall file its memorandum in opposition todefendant's motion for summary judgement not to exceed 20 pages no later than Wednesday,November 2, 2005.IT IS FURTHER ORDERED that the Clerk of Court shall delete document 57 from therecord. Signed by Judge Charles A. Shaw on 10/31/05. (KXS, )

Oct. 31, 2005

Oct. 31, 2005

RECAP
59

RESPONSE in Opposition re 51 MOTION for Partial Summary Judgment filed by Defendant Convergys Customer Management Group, Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5)(Jordan, Laura) (Entered: 10/31/2005)

Oct. 31, 2005

Oct. 31, 2005

61

REPLY to Response to Motion re 51 MOTION for Partial Summary Judgment filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Counseling Record Form for Marc Jackson# 2 Exhibit Counseling Record Form for Joshua Caudle# 3 Exhibit Counseling Record Form for Lucretia Brown# 4 Exhibit Deposition of Marsha Etheridge - 8/31/05# 5 Exhibit Deposition of LaShonDa R. Aldridge - 3/4/05# 6 Exhibit Deposition of Stephen Brookins - 3/14/05# 7 Exhibit Transcript of Hearing Before The Honorable Charles A. Shaw - 7/12/05# 8 Exhibit Employee Attendance Report - Yigit Demirelli# 9 Exhibit Counseling Record Form -Yigit Demirelli)(Seely, Barbara) (Entered: 11/10/2005)

Nov. 10, 2005

Nov. 10, 2005

62

MOTION to Clarify by Defendant Convergys Customer Management Group, Inc.. (Jordan, Laura) (Entered: 11/10/2005)

Nov. 10, 2005

Nov. 10, 2005

Docket Text ORDER re 62 MOTION to Clarify by Defendant Convergys Customer Management Group, Inc.(Jordan, Laura) filed by Convergys Customer Management Group, Inc.; ORDERED GRANTED. IT IS HEREBY ORDERED that defendant's motion to clarify is GRANTED. IT IS FURTHER ORDERED that defendant shall file its reply in support of its motion for summary judgment no later than November 15, 2005. Signed by Judge Charles A. Shaw on November 10, 2005. (EMW) (Entered: 11/10/2005)

Nov. 10, 2005

Nov. 10, 2005

63

STATEMENT of Material Facts re 48 MOTION for Summary Judgment Reply filed by Defendant Convergys Customer Management Group, Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8)(Jordan, Laura) (Entered: 11/15/2005)

Nov. 15, 2005

Nov. 15, 2005

64

REPLY to Response to Motion re 48 MOTION for Summary Judgment filed by Defendant Convergys Customer Management Group, Inc.. (Jordan, Laura) (Entered: 11/15/2005)

Nov. 15, 2005

Nov. 15, 2005

Clearinghouse
65

MOTION for Leave to File Surreply to Defendant's Reply in Support of Motion for Summary Judgment by Plaintiff Equal Employment Opportunity Commission. (Seely, Barbara) (Entered: 11/16/2005)

Nov. 16, 2005

Nov. 16, 2005

Docket Text ORDER re 65 MOTION for Leave to File Surreply to Defendant's Reply in Support of Motion for Summary Judgment by Plaintiff Equal Employment Opportunity Commission. (Seely, Barbara) filed by Equal Employment Opportunity Commission; ORDERED GRANTED. IT IS HEREBY ORDERED that plaintiff's motion for leave to file a surreply is GRANTED. IT IS FURTHER ORDERED that plaintiff shall file its surreply no later than November 19, 2005.Signed by Judge Charles A. Shaw on November 17, 2005. (EMW) (Entered: 11/17/2005)

Nov. 17, 2005

Nov. 17, 2005

66

SURREPLY to Motion re 48 MOTION for Summary Judgment filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1)(Seely, Barbara) (Entered: 11/17/2005)

Nov. 17, 2005

Nov. 17, 2005

67

ORDER IT IS HEREBY ORDERED that defendant's motion for summary judgment is GRANTEDin part and DENIED in part as set forth in this memorandum and order. [Doc. 48]IT IS FURTHER ORDERED that plaintiff's motion for partial summary judgment isDENIED without prejudice. [Doc. 51] Signed by Judge Charles A. Shaw on 1/19/06. (JWJ, ) (Entered: 01/19/2006)

Jan. 19, 2006

Jan. 19, 2006

Clearinghouse
68

JUDGMENT (Partial) IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that partial judgment isGRANTED in favor of defendant Convergys Customer Management Group, Inc. and against plaintiffEqual Employment Opportunity Commission and plaintiff-intervenor Ahmet Yigit Demirelli onplaintiff's American with Disabilities Act claims that defendant failed to reasonably accommodate hisrequest for a parking space, to take a headset home, and to have an assigned seat.. Signed by Judge Charles A. Shaw on 1/19/06. (JWJ, ) (Entered: 01/19/2006)

Jan. 19, 2006

Jan. 19, 2006

Clearinghouse
69

MOTION to Alter Judgment by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 # 2 Exhibit Exhibit 3 - Declaration of Tara Match)(Seely, Barbara) (Entered: 01/23/2006)

Jan. 23, 2006

Jan. 23, 2006

70

MOTION for Extension of Time to File ;Extension to file the following: Pretrial Materials ;Proposed extension date January 25, 2006 by Defendant Convergys Customer Management Group, Inc.. (Jordan, Laura) (Entered: 01/24/2006)

Jan. 24, 2006

Jan. 24, 2006

Docket Text ORDER re 70 MOTION for Extension of Time to File; Extension to file the following: Pretrial Materials; Proposed extension date January 25, 2006 by Defendant Convergys Customer Management Group, Inc. (Jordan, Laura) filed by Convergys Customer Management Group, Inc.; ORDERED GRANTED. Signed by Judge Charles A. Shaw on January 25, 2006. (EMW) (Entered: 01/25/2006)

Jan. 25, 2006

Jan. 25, 2006

71

Exhibit List by Intervenor Plaintiff Ahmet Yigit Demerelli, Plaintiff Equal Employment Opportunity Commission.. (Seely, Barbara) (Entered: 01/25/2006)

Jan. 25, 2006

Jan. 25, 2006

72

Witness List by Intervenor Plaintiff Ahmet Yigit Demerelli, Plaintiff Equal Employment Opportunity Commission. (Seely, Barbara) (Entered: 01/25/2006)

Jan. 25, 2006

Jan. 25, 2006

73

Stipulation of Uncontested Facts by Intervenor Plaintiff Ahmet Yigit Demerelli, Plaintiff Equal Employment Opportunity Commission, Defendant Convergys Customer Management Group, Inc.. (Seely, Barbara) (Entered: 01/25/2006)

Jan. 25, 2006

Jan. 25, 2006

74

SUPPLEMENTAL re Docket Text Order, Plaintiffs' Designation of Deposition Testimony Proposed to be Offered Into Evidence by Intervenor Plaintiff Ahmet Yigit Demerelli, Plaintiff Equal Employment Opportunity Commission. (Seely, Barbara) (Entered: 01/25/2006)

Jan. 25, 2006

Jan. 25, 2006

75

Interrogatory Answer List by Intervenor Plaintiff Ahmet Yigit Demerelli, Plaintiff Equal Employment Opportunity Commission. (Seely, Barbara) (Entered: 01/25/2006)

Jan. 25, 2006

Jan. 25, 2006

76

Witness List by Defendant Convergys Customer Management Group, Inc.. (Jordan, Laura) (Entered: 01/25/2006)

Jan. 25, 2006

Jan. 25, 2006

77

Exhibit List by Defendant Convergys Customer Management Group, Inc... (Jordan, Laura) (Entered: 01/25/2006)

Jan. 25, 2006

Jan. 25, 2006

78

Deposition List by Defendant Convergys Customer Management Group, Inc.. (Jordan, Laura) (Entered: 01/25/2006)

Jan. 25, 2006

Jan. 25, 2006

80

Proposed Jury Instructions by Defendant Convergys Customer Management Group, Inc.. (Jordan, Laura) (Entered: 01/25/2006)

Jan. 25, 2006

Jan. 25, 2006

81

Proposed Voir Dire by Defendant Convergys Customer Management Group, Inc.. (Jordan, Laura) (Entered: 01/25/2006)

Jan. 25, 2006

Jan. 25, 2006

82

Proposed Jury Instructions by Intervenor Plaintiff Ahmet Yigit Demerelli, Plaintiff Equal Employment Opportunity Commission. (Seely, Barbara) (NOTE: document deleted per order entered 3/9/06; attorney to refile corrected document) Modified on 3/10/2006 (KXS, ). (Entered: 01/25/2006)

Jan. 25, 2006

Jan. 25, 2006

83

Proposed Jury Instructions by Intervenor Plaintiff Ahmet Yigit Demerelli, Plaintiff Equal Employment Opportunity Commission. (Seely, Barbara) (NOTE: document deleted per order entered 3/9/06; attorney to refile corrected document) Modified on 3/10/2006 (KXS, ). (Entered: 01/25/2006)

Jan. 25, 2006

Jan. 25, 2006

84

MOTION for Extension of Time to File Proposed Jury Instructions with Citations by Intervenor Plaintiff Ahmet Yigit Demerelli, Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1)(Seely, Barbara) (Entered: 01/26/2006)

Jan. 26, 2006

Jan. 26, 2006

85

SCHEDULING ORDER: ORDERED that the trial setting of 2/13/06 is vacated. Jury Trial reset for 3/20/2006 09:00 AM in Courtroom 12N before Honorable Charles A. Shaw. Pretrial Conference reset for 3/16/2006 02:00 PM in Courtroom 12N before Honorable Charles A. Shaw.. Signed by Judge Charles A. Shaw on 12/26/06. (LGK, ) (Entered: 01/26/2006)

Jan. 26, 2006

Jan. 26, 2006

Docket Text ORDER re 84 MOTION for Extension of Time to File Proposed Jury Instructions with Citations by Intervenor Plaintiff Ahmet Yigit Demerelli, Plaintiff Equal Employment Opportunity Commission. (Attachments: # )(Seely, Barbara) filed by Equal Employment Opportunity Commission, Ahmet Yigit Demerelli; ORDERED GRANTED. Signed by Judge Charles A. Shaw on January 27, 2006. (EMW) (Entered: 01/27/2006)

Jan. 27, 2006

Jan. 27, 2006

86

Proposed Jury Instructions (with citations) by Intervenor Plaintiff Ahmet Yigit Demerelli, Plaintiff Equal Employment Opportunity Commission. (MRC, ) (NOTE: document deleted per order entered 3/9/06; attorney to refile corrected document) Modified on 3/10/2006 (KXS, ). (Entered: 01/30/2006)

Jan. 27, 2006

Jan. 27, 2006

87

MOTION for Extension of Time to File Response/Reply as to 69 MOTION to Alter Judgment by Defendant Convergys Customer Management Group, Inc.. (Jordan, Laura) (Entered: 01/30/2006)

Jan. 30, 2006

Jan. 30, 2006

Docket Text ORDER re 87 MOTION for Extension of Time to File Response/Reply as to 69 MOTION to Alter Judgment by Defendant Convergys Customer Management Group, Inc. (Jordan, Laura) filed by Convergys Customer Management Group, Inc.; ORDERED GRANTED. IT IS HEREBY ORDERED that defendant's motion for an extension of time to respond to plaintiff's motion to alter or amend judgment is GRANTED. IT IS FURTHER ORDERED that defendant shall file its response to plaintiff's motion to alter or amend judgment no later than February 6, 2006. Signed by Judge Charles A. Shaw on January 31, 2006. (EMW) (Entered: 01/31/2006)

Jan. 31, 2006

Jan. 31, 2006

88

Joint MOTION to Continue Trial Setting by Defendant Convergys Customer Management Group, Inc.. (Jordan, Laura) (Entered: 01/31/2006)

Jan. 31, 2006

Jan. 31, 2006

89

ORDER AMENDING CASE MANAGEMENT ORDER IT IS HEREBY ORDERED that the parties' joint motion for continuance is GRANTED.[Doc. 88]IT IS FURTHER ORDERED that the Case Management Order of November 5, 2004 andmodified on September 8, 2005 is modified as follows: Jury Trial set for 4/10/2006 09:00 AM in Courtroom 12N before Honorable Charles A. Shaw. Pretrial Conference set for 4/6/2006 02:00 PM in Courtroom 12N before Honorable Charles A. Shaw. Signed by Judge Charles A. Shaw on 2/2/06. (KXS, ) (Entered: 02/02/2006)

Feb. 2, 2006

Feb. 2, 2006

90

RESPONSE in Opposition re 69 MOTION to Alter Judgment filed by Defendant Convergys Customer Management Group, Inc.. (Jordan, Laura) (Entered: 02/06/2006)

Feb. 6, 2006

Feb. 6, 2006

91

MOTION to Withdraw 86 Proposed Jury Instructions, 82 Proposed Jury Instructions, 83 Proposed Jury Instructions by Plaintiff Equal Employment Opportunity Commission. (Seely, Barbara) (Entered: 03/07/2006)

March 7, 2006

March 7, 2006

92

MOTION to Withdraw as Attorney ;attorney/firm Donna L. Harper by Intervenor Plaintiff Ahmet Yigit Demerelli, Plaintiff Equal Employment Opportunity Commission. (Harper, Donna) (Entered: 03/08/2006)

March 8, 2006

March 8, 2006

Docket Text ORDER re 92 MOTION to Withdraw as Attorney; attorney/firm Donna L. Harper by Intervenor Plaintiff Ahmet Yigit Demerelli, Plaintiff Equal Employment Opportunity Commission. (Harper, Donna) filed by Equal Employment Opportunity Commission,Ahmet Yigit Demerelli; ORDERED GRANTED. Signed by Judge Charles A. Shaw on March 9, 2006. (EMW) (Entered: 03/09/2006)

March 9, 2006

March 9, 2006

93

ORDER IT IS HEREBY ORDERED that plaintiffs' motion to withdraw jury instructions isGRANTED. [Doc. 91]IT IS FURTHER ORDERED that the Clerk of Court shall delete documents 82, 83, and86 from the record.IT IS FURTHER ORDERED that plaintiffs shall file their corrected jury instructions nolater than March 13, 2006. Signed by Judge Charles A. Shaw on 3/9/06. (KXS, ) (Entered: 03/09/2006)

March 9, 2006

March 9, 2006

94

Proposed Jury Instructions by Plaintiff Equal Employment Opportunity Commission. (Seely, Barbara) (Entered: 03/10/2006)

March 10, 2006

March 10, 2006

95

Proposed Jury Instructions by Plaintiff Equal Employment Opportunity Commission. (Seely, Barbara) (Entered: 03/10/2006)

March 10, 2006

March 10, 2006

96

MOTION in Limine To Exclude Evidence that Demirelli Lacked Employment Authorization from September 10, 2001 Through April 4, 2002 by Intervenor Plaintiff Ahmet Yigit Demerelli, Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 # 2 # 3 # 4)(Seely, Barbara) (Entered: 03/31/2006)

March 31, 2006

March 31, 2006

97

MOTION in Limine To Exclude Evidence of Additional Tardies Or, In The Alternative, For A Limiting Instruction by Intervenor Plaintiff Ahmet Yigit Demerelli, Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7 # 8 # 9 # 10 # 11 # 12)(Seely, Barbara) (Entered: 03/31/2006)

March 31, 2006

March 31, 2006

98

MOTION in Limine To Exclude Evidence Of No Call/No Show by Intervenor Plaintiff Ahmet Yigit Demerelli, Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 # 2)(Seely, Barbara) (Entered: 03/31/2006)

March 31, 2006

March 31, 2006

99

MOTION in Limine To Exclude Defendant's Exhibit B And Evidence Of Dates Demirelli Was Tardy Arriving At Work by Intervenor Plaintiff Ahmet Yigit Demerelli, Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7 # 8)(Seely, Barbara) (Entered: 03/31/2006)

March 31, 2006

March 31, 2006

Case Details

State / Territory: Missouri

Case Type(s):

Equal Employment

Disability Rights

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: July 8, 2004

Closing Date: Aug. 31, 2007

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

Convergys Customer Management Group, Inc. (Hazelwood, Missouri), Private Entity/Person

Case Details

Causes of Action:

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

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Litigation

Amount Defendant Pays: 159040.6

Content of Injunction:

Neutral/Positive Reference

Issues

Discrimination-area:

Disparate Treatment

Accommodation / Leave

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit