Case: EEOC v. YELLOW FREIGHT SYSTEM, INC.

EEOC v. Yellow Frt Syst Inc

Nicosia, Michael v. Yellow Freight System

U.S. Court of Appeals for the Seventh Circuit

EEOC v. Yellow Freight System, Inc.

U.S. Court of Appeals for the Seventh Circuit

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT; jury demand - Civil cover sheet - Appearance(s) of John C. Hendrickson, Jean Powers Kamp, Diane Ilene Smason as attorney(s) for plaintiff ( no summons(es) issued.) ( Documents: 1-1 through 1-3) (mjc) (Entered: 05/05/1998)

SCHEDULE set on 6/1/98 by Hon. Charles P. Kocoras : Status hearing set to 9:30 6/30/98 . Mailed notice (sct) (Entered: 06/01/1998)

MOTION by Michael Nicosia to intervene as plaintiff ; Notice of motion. (dmkf) (Entered: 07/01/1998)

MINUTE ORDER of 6/30/98 by Hon. Charles P. Kocoras : Michael Nicosia's motion to intervene and to file a complaint in intervention is granted [3-1]. Status hearing held and continued to 11/30/98 at 9:30 a.m. All discovery to be completed by 11/30/98. Mailed notice (dmkf) (Entered: 07/01/1998)

COMPLAINT in intervention by intervenor plaintiff Michael Nicosia (dmkf) (Entered: 07/01/1998)

ATTORNEY APPEARANCE for intervenor plaintiff Michael Nicosia by Lisa A. Colpoys (mjc) (Entered: 07/06/1998)

ANSWER and Affirmative Defenses by defendant to EEOC's complaint; Notice of filing (mjc) (Entered: 07/07/1998)

ATTORNEY APPEARANCE for defendant by Steven L. Brenneman, Ted C. Tow (mjc) (Entered: 07/07/1998)

NOTICE by counsel for Michael Nicosia of change of address. (Original in 97-CV-1336) (ar) (Entered: 07/16/1998)

ANSWER and affirmative defenses to complaint in intervention by defendant (lal) (Entered: 07/22/1998)

MOTION by Yellow Frt Syst Inc for entry of stipulated protective order ; Notice of motion (jmp) (Entered: 10/19/1998)

STIPULATED PROTECTIVE ORDER regarding Nicosia's medical information (Attachment) (jmp) (Entered: 10/19/1998)

MINUTE ORDER of 10/15/98 by Hon. Charles P. Kocoras : Defendant's motion for entry of stipulated protective order is granted [10-1]. Enter stipulated protective order regarding Niscosia's medical information. Mailed notice (jmp) (Entered: 10/19/1998)

MOTION by Plaintiff Equal Employment Opp to compel production of documents defendant has received pursuant to subpoena (Exhibits); Notice of motion. (tlm) (Entered: 11/18/1998)

MOTION by defendant to compel production of documents . (srb) (Entered: 11/16/1998)

NOTICE of motion by defendant regarding motion to compel production of documents [13-1]. (srb) (Entered: 11/16/1998)

MEMORANDUM by defendant in support of motion to compel production of documents [13-1]; (Exhibits A-J). (srb) (Entered: 11/16/1998)

MINUTE ORDER of 11/16/98 by Hon. Charles P. Kocoras : Status hearing reset to 9:30 a.m. on 01/11/99 . Counsel to meet face-to-face to try and resolve discovery disputes. Cause to be referred to Magistrate Judge Denlow for supervision of all discovery including plaintiff's motion to compel production of documents and defendant's motion to compel production of documents. Discovery cut-off date is hereby extended to 12/30/98. Mailed notice (tlm) (Entered: 11/18/1998)

REFERRAL ORDER of 11/18/98: The case is referred to the Hon. Magistrate Judge Morton Denlow pursuant to Local General Rule 2.41(b) to conduct hearings and enter appropriate orders on the following pretrial motion/matter: All discovery motion. Discovery supervision. ntiff EEOC's motion to compel production of documents and defendant Yellow Freight Systems' motion to compel. (For further details see order.) Mailed notice (eav) (Entered: 11/20/1998)

EMERGENCY MOTION by plaintiff to quash subpoenas (Exhibits); Notice of motion (srb) (Entered: 11/27/1998)

MINUTE ORDER of 11/23/98 by Hon. Morton Denlow: Defendant's motion to compel production of documents [13-1] is denied, subject to agreement between counsel for production of certain documents. No notice (srb) (Entered: 11/27/1998)

MINUTE ORDER of 11/23/98 by Hon. Morton Denlow: Plaintiff's motion to compel production of documents defendant has received pursuant to subpoena [16-1] is granted. Documents to be produced by 11/25/98 and EEOC to pay for copying costs. No notice (srb) (Entered: 11/27/1998)

ORAL MOTION by defendant to compel appearance by plaintiff Michael Nicosiz for deposition . (srb) (Entered: 11/27/1998)

MINUTE ORDER of 11/23/98 by Hon. Morton Denlow: Plaintiff's emergency motion to quash subpoenas [21-1] is granted and depositions of Doctors Anna Nowobilska, Margaret Bujak, and Anna Hareza to be taken on or before 12/20/98. Oral motion by defendant to compel appearance by plaintiff Michael Nicosiz for deposition [0-1] is granted. Plaintiff to appear for deposition on or before 12/11/98. No notice (srb) (Entered: 11/27/1998)

SCHEDULE set on 12/4/98 by Hon. Morton Denlow : Status hearing set to 10:00 1/21/99 . Mailed notice (or) (Entered: 12/04/1998)

MOTION by defendant for leave to serve subpoenas on medical doctors ; Notice of motion. (vmj) (Entered: 12/22/1998)

MOTION by Lisa A Colpoys, Patricia A Wrona to substitute counsel for plaintiff ; Notice of motion. (vmj) (Entered: 12/22/1998)

MOTION by defendant for leave to serve subpoenas on medical doctors, Emma Cabusao, Rulon Gibson, Robyn Reed ; Notice of motion (rmm) (Entered: 12/21/1998)

MOTION by intervenor plaintiff Michael Nicosia to substitute counsel Patricia A Wrona in lieu of Lisa A. Colpoys ; Notice of motion (rmm) (Entered: 12/21/1998)

ORDER regarding motion for leave to serve subpoenas on medical doctors, Emma Cabusao, Rulon Gibson, Robyn Reed [23-1] (rmm) (Entered: 12/21/1998)

ATTORNEY APPEARANCE for intervenor plaintiff Michael Nicosia by Patricia A. Wrona (rmm) (Entered: 12/21/1998)

MOTION by defendant to compel complete responses to request for admissions and interrogatories ; Notice of motion (jmp) (Entered: 01/05/1999)

MEMORANDUM by defendant in support of defendant's motion to compel complete responses to request for admissions and interrogatories [30-1] (Exhibits) (jmp) (Entered: 01/05/1999)

MINUTE ORDER of 1/4/99 by Hon. Morton Denlow : Motion to compel complete responses to request for admissions and interrogatories is granted [30-1] and plaintiff is to file supplemental responses on 01/19/99 to the request to admit and to the interrogatories setting forth the factual basis upon which plaintiff claims that Mr. Niscosia's discpline and termination were pretexual. No notice (jmp) (Entered: 01/05/1999)

STIPULATION and AGREED ORDER. (vmj) (Entered: 01/07/1999)

MINUTE ORDER of 1/4/99 by Hon. Morton Denlow: Enter stipulation and agreed order. It is hereby agreed, stipulated and ordered that Yellow will produce to EEOC the Karrow notes and that neither the production, nor any of the contents, of the Karrow notes shall be cited as support for, or shall otherwise constitute, a waiver of any claim of privilege by Yellow with respect to any other document or communication. No notice (vmj) (Entered: 01/07/1999)

SCHEDULE set on 1/11/99 by Hon. Charles P. Kocoras : Status hearing held and continued to 9:30 2/4/99 . No notice (sct) (Entered: 01/11/1999)

MOTION by plaintiff to compel deposition of Ronald Sandhaus (Exhibits); Notice of motion (eav) (Entered: 01/15/1999)

OPPOSITION by defendant to EECO's motion to compel deposition of Ronald Sandhaus (Exhibit); Notice of filing (rmm) (Entered: 01/13/1999)

MINUTE ORDER of 1/13/99 by Hon. Morton Denlow : Plaintiff's motion to compel deposition of Ronald Sandhaus is denied for the reasons stated in open court. [36-1] Discovery is extended to 2/17/99 to allow plaintiff time in which to subpoena and depose Ronald Sanhaus. Status hearing of 1/21/99 is stricken. Settlement conference is set to 1/26/99 at 2:00 p.m. No notice (eav) (Entered: 01/15/1999)

SCHEDULE set on 1/26/99 by Hon. Morton Denlow : Settlment conference held. No agreement reached. All discovery to be completed by 2/5/99. No notice (or) (Entered: 01/27/1999)

MINUTE ORDER of 3/4/99 by Hon. Charles P. Kocoras : Status hearing held. Defendant is given leave to file motion for summary judgment by 04/01/99. Answer and any cross-motion for summary judgment due 04/29/99. Defendant's reply and answer to cross-motion due 05/13/99. Reply in support of cross-motion due 05/27/99. Ruling set for 06/24/99 at 9:30 a.m. Mailed notice (lal) (Entered: 03/09/1999)

STIPULATED PROTECTIVE ORDER regarding documents produced by defendant (rmm) (Entered: 03/08/1999)

MINUTE ORDER of 3/5/99 by Hon. Charles P. Kocoras : Enter stipulated order regarding documents produced by defendant. Mailed notice (rmm) (Entered: 03/08/1999)

MINUTE ORDER of 3/31/99 by Hon. Morton Denlow : All matters relating to the referral of this action having been resolved, the case is returned to the assigned judge. (Terminating the case referral to Hon. Morton Denlow ). Mailed notice (jmp) (Entered: 04/01/1999)

MOTION by defendant for summary judgment ; Notice of filing (fce) (Entered: 04/02/1999)

Document Sealed (pursuant to Court Order) (3 vols: 43-1 through 43-3) (fce) (Entered: 04/02/1999)

MEMORANDUM by Equal Employment Opp in opposition to defendant's motion for summary judgment [42-1] (RESTRICTED) (jmp) (Entered: 05/03/1999)

JOINT APPENDIX of exhibits filed by Equal Employment Opp in opposition to defendant's motion for summary judgment [42-1] (RESTRICTED) (jmp) (Entered: 05/03/1999)

JOINT RULE 12(N) Statement of contested facts as to which there are no genuine issues by Equal Employment Opp (RESTRICTED) (jmp) (Entered: 05/03/1999)

JOINT MOTION by plaintiff Equal Employment Opp and plaintiff-intervenor Nicosia for leave to file a brief in excess of 15 pages instanter ; Notice of motion (jmp) (Entered: 05/04/1999)

MINUTE ORDER of 5/3/99 by Hon. Charles P. Kocoras : Plaintiff EEOC and plaintiff-intervenor Nicosia's joint motion for leave to [47-1] file a brief in excess of 15 pages [47-2] instanter is granted [47-3]. Telephoned notice (jmp) (Entered: 05/04/1999)

Document Sealed (pursuant to Court Order) (jmp) (Entered: 05/14/1999)

UNOPPOSED MOTION by Yellow Frt Syst Inc for leave to file a brief in excess of 15 pages instanter ; Notice of motion (jmp) (Entered: 05/14/1999)

MINUTE ORDER of 5/17/99 by Hon. Charles P. Kocoras : Defendant's unopposed motion for leave to [50-1] file a brief in excess of 15 pages [50-2] instanter is granted [50-3]. Telephoned notice (jmp) (Entered: 05/18/1999)

SCHEDULE set on 6/18/99 by Hon. Charles P. Kocoras : Ruling set for June 24, 1999 is stricken. The Court will rule by mail. Mailed notice (sct) (Entered: 06/18/1999)

MEMORANDUM, OPINION, AND ORDER (RESTRICTED) (jmp) (Entered: 08/13/1999)

MINUTE ORDER of 8/12/99 by Hon. Charles P. Kocoras : Enter memorandum opinion: Defendant Yellow Freight's motion for summary judgment is granted [42-1], and the complaint filed by the EEOC is dismissed. Plaintiff to take nothing. All matters in controvery having been resolved, final judgment is entered. This memorandum opinion is issued under seal. terminating case Mailed notice (jmp) Modified on 09/20/1999 (Entered: 08/13/1999)

ENTERED JUDGMENT (jmp) Modified on 09/20/1999 (Entered: 08/13/1999)

BILL OF COSTS filed on 08/27/99 (Attachments) (jmp) (Entered: 08/31/1999)

MINUTE ORDER of 8/30/99 by Hon. Charles P. Kocoras : Answer to defendant's bill of costs [55-1] due 09/14/99. Reply due 09/21/99. The court will ruel by mail. Mailed notice (jmp) (Entered: 08/31/1999)

NOTICE OF APPEAL by Michael Nicosia ($105.00 PAID) (pmp) (Entered: 09/20/1999)

LETTER regarding docketing statement acknowledged by Michael Nicosia . (pmp) (Entered: 09/20/1999)

JOINT MEMORANDUM by plaintiff Equal Employment Opp and intervenor plaintiff Michael Nicosia in opposition to defendant's bill of costs [55-1]; Notice (jmp) (Entered: 09/21/1999)

TRANSMITTED to the 7th Circuit the short record on appeal appeal [57-1] . Mailed notice to all counsel. (pmp) (Entered: 09/20/1999)

LETTER from Michael Nicosia to William W. Dobbins dated 09/20/99 regarding inclusions for record on appeal (jmp) (Entered: 09/21/1999)

SEVENTH CIRCUIT transcript information sheet by intervenor plaintiff Michael Nicosia (jmp) (Entered: 09/21/1999)

REPLY by Yellow Frt Syst Inc in support of bill of costs [55-1]; Notice (jmp) (Entered: 09/27/1999)

ACKNOWLEDGEMENT of receipt of short record on appeal [57-1] USCA 99-3415 (jmp) (Entered: 09/27/1999)

TRANSMITTED to the 7th Circuit the long record on appeal no. 99-3415 consisting of one volume of pleadings with 8 volumes of restricted documents under separate certificate regarding appeal [57-1]. Mailed notice to all counsel. (rmm) (Entered: 10/06/1999)

MINUTE ORDER of 10/13/99 by Hon. Charles P. Kocoras : Enter Memorandum Opinion: Defendant's bill of costs are granted [55-1], as modified. Plaintiffs are hereby ordered to pay $8,364.98 as allocated inn this opinion. Entered Memorandum Opinion. Mailed notice (jmp) (Entered: 10/14/1999)

MOTION by Michael Nicosia to unseal 08/12/99 memorandum opinion and order (Attachment); Notice (ar) (Entered: 11/22/1999)

MINUTE ORDER of 11/18/99 by Hon. Charles P. Kocoras : On oral motion, Intervenor plaintiff's motion to unseal 08/12/99 memorandum opinion and order is withdrawn [65-1]. Telephoned notice (ar) (Entered: 11/22/1999)

LETTER from the 7th Circuit returning the record on appeal no. 99-3415 consisting of 1 vol of pleadings, 8 in camera material. (vmj) (Entered: 08/07/2001)

BILL OF COSTS from Court of Appeals in the amount of $394.80. (vmj) (Entered: 08/07/2001)

OPINION from the 7th Circuit: Argued 4/4/00, Re-Argued En Banc 11/29/00; Decided 6/12/01 (99-3415) (vmj) (Entered: 08/07/2001)

CERTIFIED COPY of order from the 7th Circuit: Affirming the decision of the District Court [57-1] (99-3415) (vmj) (Entered: 08/07/2001)