Case: EEOC v. The ESAB Group, Inc.

1:00-cv-02497 | U.S. District Court for the Northern District of Ohio

Filed Date: Sept. 29, 2000

Closed Date: Aug. 5, 2002

Clearinghouse coding complete

Case Summary

In September 2000, the Cleveland District Office of the EEOC brought this suit against The ESAB Group, Inc. and United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), Local 1834, in the U.S. District Court for the Northern District of Ohio alleging discrimination on the basis of disability in violation of Title I of the Americans with Disabilities Act of 1990. Specifically, the complaint alleged that the defendant continuously published and failed to keep confidentia…

In September 2000, the Cleveland District Office of the EEOC brought this suit against The ESAB Group, Inc. and United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), Local 1834, in the U.S. District Court for the Northern District of Ohio alleging discrimination on the basis of disability in violation of Title I of the Americans with Disabilities Act of 1990. Specifically, the complaint alleged that the defendant continuously published and failed to keep confidential the medical condition and history of complainant, a disabled employee.

The complaining party intervened in the lawsuit in January 2001. Following a settlement conference, all parties moved for summary judgment in November and December 2001, and the court granted summary judgment for the defendants in February 2002. The EEOC appealed to the Sixth Circuit Court of Appeals in April 2002, where the case was dismissed subject to a settlement agreement by both parties. The settlement agreement required the defendant to pay $5,000 to the complainant and remove from complainant's personnel file: all doctor's notes, any document revealing complainant is disabled,and any document revealing information about complainant's medical condition.

Summary Authors

David Friedman (10/8/2007)

Documents in the Clearinghouse

Document

02-03431

Docket (USCA)

U.S. Court of Appeals for the Sixth Circuit

July 30, 2002

July 30, 2002

Docket

1:00-cv-02497

Docket (PACER)

Aug. 20, 2002

Aug. 20, 2002

Docket
1

1:00-cv-02497

Complaint

Sept. 29, 2000

Sept. 29, 2000

Complaint

1:00-cv-02497

Intervenor Complaint

Jan. 29, 2001

Jan. 29, 2001

Complaint
39

1:00-cv-02497

Memorandum of Opinion and Order [Regarding Cross Motions for Summary Judgment]

Feb. 19, 2002

Feb. 19, 2002

Order/Opinion

208 F.Supp.2d 208

53

1:00-cv-02497

02-03431

[Amendment to 2/19/02 Order per Attached Settlement Agreement]

Aug. 14, 2002

Aug. 14, 2002

Settlement Agreement

2002 U.S.Dist.LEXIS 2002

Resources

Docket

Last updated March 29, 2024, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

Complaint with jury demand (waivers issued) against The ESAB Group, Inc., United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), Local 1834, filed by C. Larry Watson, John D. Sargent and Howard R. Besser on behalf of the Equal Employment Opportunity Commission. Filing fee waived. (Attachments: # 1 Civil Cover Sheet)(M, K). (Entered: 10/02/2000)

Sept. 29, 2000

Sept. 29, 2000

Clearinghouse
2

Random Assignment of Magistrate Judge Perelman.(M, K) (Entered: 10/02/2000)

Sept. 29, 2000

Sept. 29, 2000

3

Case Information Statement standard track filed by Howard R. Besser of Equal Employment Opportunity Commission on behalf of Equal Employment Opportunity Commission.(M, K) (Entered: 10/02/2000)

Sept. 29, 2000

Sept. 29, 2000

4

Notice of Placement of case in the CM/ECF Docketing System.(M, K) (Entered: 10/02/2000)

Sept. 29, 2000

Sept. 29, 2000

5

Case Management Conference Scheduling Order with case management conference to be held telephonically on 12/15/2000 at 09:30 AM before Judge Patricia A. Gaughan. Judge Patricia A. Gaughan (L-C, S) (Entered: 10/16/2000)

Oct. 4, 2000

Oct. 4, 2000

6

Motion for admission pro hac vice filed by Hayes C. Stover of Kirkpatrick & Lockhart LLP on behalf of The ESAB Group, Inc. (V, K A) (Entered: 10/30/2000)

Oct. 27, 2000

Oct. 27, 2000

Order (non-document) Granting Motion to appear pro hac vice, attorney Hayes C. Stover for The ESAB Group, Inc. added to case. (Related Doc # 6) Judge Patricia A. Gaughan (L-C, S) (Entered: 11/03/2000)

Oct. 31, 2000

Oct. 31, 2000

7

Motion and notice of Attorney Substitution filed by Solvita A. MacMillan & Howard R. Besser of Equal Employment Opportunity Commission on behalf of Equal Employment Opportunity Commission. Solvita A. MacMillan will serve as trial attorney. Appearance of Howard Besser is withdrawn. (V, K A) (Entered: 11/13/2000)

Nov. 9, 2000

Nov. 9, 2000

8

Waiver of Summons Returned on 9/29/00 filed by Hayes C. Stover of Kirkpatrick & Lockhart LLP on behalf of The ESAB Group, Inc..(V, K A) (Entered: 11/13/2000)

Nov. 9, 2000

Nov. 9, 2000

9

Waiver of Summons Returned 9/29/00 filed by Bryan P O'Connor of Joyce Goldstein & Associates on behalf of United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), Local 1834.(V, K A) (Entered: 11/13/2000)

Nov. 9, 2000

Nov. 9, 2000

10

Answer to Complaint (Related Doc # 1) filed by Hayes C. Stover of Kirkpatrick & Lockhart LLP on behalf of The ESAB Group, Inc..(V, K A) (Entered: 11/16/2000)

Nov. 15, 2000

Nov. 15, 2000

11

Corporate Disclosure Statement filed by Hayes C. Stover of Kirkpatrick & Lockhart LLP on behalf of The ESAB Group, Inc..(V, K A) (Entered: 11/16/2000)

Nov. 15, 2000

Nov. 15, 2000

12

Answer to Complaint (Related Doc # 1) filed by Bryan P O'Connor of Joyce Goldstein & Associates on behalf of United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), Local 1834.(V, K A) (Entered: 11/28/2000)

Nov. 27, 2000

Nov. 27, 2000

13

Corporate Disclosure Statement filed by Bryan P O'Connor of Joyce Goldstein & Associates on behalf of United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), Local 1834.(V, K A) (Entered: 11/28/2000)

Nov. 27, 2000

Nov. 27, 2000

15

Case Management Conference Plan: Case assigned to the Standard Track; non-expert discovery due by 6/29/2001; expert reports exchanged on or before 7/15/01 for plaintiff and 8/31/01 for defendant; Parties to be Joined and Pleading Amendments due by 3/1/2001, Dispositive Motions due by 8/3/2001, with status hearing to be held on 5/8/2001 at 9:00 AM. Judge Patricia A. Gaughan (L-C, S) (Entered: 01/04/2001)

Dec. 15, 2000

Dec. 15, 2000

14

Report of Parties Planning Meeting filed by Solvita A. MacMillan of Equal Employment Opportunity Commission on behalf of all parties.(K, V) (Entered: 12/19/2000)

Dec. 18, 2000

Dec. 18, 2000

16

Motion to intervene as a party plaintiff filed by William E. Gerstenslager of Gerstenslager & Obert on behalf of Ivan H. Stowers Jr.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(M, J A) (Entered: 01/30/2001)

Jan. 29, 2001

Jan. 29, 2001

Order (non-document): Plaintiff Stowers Motion to intervene is unopposed and granted. Judge Patricia A. Gaughan (Related Doc # 16) (L-C, S) (Entered: 02/20/2001)

Feb. 16, 2001

Feb. 16, 2001

17

Answer to intervenor Ivan H. Stowers' complaint (related document(s)16) Filed by Hayes C. Stover of Kirkpatrick & Lockhart LLP on behalf of The ESAB Group, Inc..(M, J A) (Entered: 03/09/2001)

March 9, 2001

March 9, 2001

18

Answer of Rule 19 deft. UAW Local 1834 to Ivan H. Stowers Intervenor complaint (related document(s)16) Filed by Bryan P. O'Connor of Joyce Goldstein & Associates on behalf of United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), Local 1834.(M, J A) (Entered: 04/09/2001)

April 6, 2001

April 6, 2001

19

Minutes/Order: Status Hearing was held. Non-Expert Discovery deadline is extended to 10/30/2001. Dispositive Motion deadline is extended to 11/30/2001. Settlement conference is set 11/1/2001 at 9:00 AM. The will be no further extensions. Judge Patricia A. Gaughan (L-C, S) (Entered: 05/14/2001)

May 8, 2001

May 8, 2001

20

Minutes/Order: Settlement Conference was held. Final Pretrial is set March 4, 2002 at 9:00 AM. Trial is set March 18, 2002 at 10:00 AM. Judge Patricia A. Gaughan (L-C, S) (Entered: 11/02/2001)

Nov. 1, 2001

Nov. 1, 2001

21

Motion for extension of time of filing date for dispositive motion until 12/7/01 filed by The ESAB Group, Inc.. (Attachments: # 1 proposed order)(C, K A) (Entered: 11/28/2001)

Nov. 27, 2001

Nov. 27, 2001

23

Motion for summary judgment filed by United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), Local 1834. (Attachments: # 1 memorandum in support# 2 evidentiary and case appendix, complete document - 120 pages, on file in Clerk's Office)(C, K A) Modified text 11/30/2001 (C, K A). (Entered: 11/30/2001)

Nov. 30, 2001

Nov. 30, 2001

24

Motion for summary judgment filed by The ESAB Group, Inc.. (Attachments: # 1 brief in support# 2 affidavit of counsel)(C, K A) (Entered: 12/07/2001)

Dec. 7, 2001

Dec. 7, 2001

25

Appendix exhibits in support of motion for summary judgment (complete document on file in Clerk's Office) filed by The ESAB Group, Inc.. (Related document(s)24) (C, K A) (Entered: 12/07/2001)

Dec. 7, 2001

Dec. 7, 2001

27

Motion for summary judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in support# 2 Appendix (complete document on file in Clerk's Office))(S, R) (Entered: 12/10/2001)

Dec. 7, 2001

Dec. 7, 2001

26

Motion for summary judgment filed by Ivan H. Stowers Jr.. (Attachments: # 1 Memorandum in Support# 2 Appendix (1 Volume, Complete document on file in Clerk's Office))(M, EJ) (Entered: 12/10/2001)

Dec. 10, 2001

Dec. 10, 2001

28

Opposition (Related Motion(s) 23) to UAW's motion for summary judgment (complete 109 page document, including exhibits, on file in Clerk's Office) filed by Ivan H. Stowers Jr.. (C, K A) (Entered: 01/02/2002)

Jan. 2, 2002

Jan. 2, 2002

29

Opposition (Related Motion(s) 26) to intervenor's motion for summary judgment filed by United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), Local 1834. (Attachments: # 1 case supplement)(C, K A) (Entered: 01/03/2002)

Jan. 2, 2002

Jan. 2, 2002

30

Opposition (Related Motion(s) 26) to intervenor Stowers' motion for summary judgment filed by The ESAB Group, Inc.. (C, K A) (Entered: 01/07/2002)

Jan. 7, 2002

Jan. 7, 2002

31

Opposition (Related Motion(s) 27) to EEOC's motion for summary judgment filed by The ESAB Group, Inc.. (C, K A) (Entered: 01/07/2002)

Jan. 7, 2002

Jan. 7, 2002

32

Opposition (Related Motion(s) 24) to the ESAB Group, Inc.'s Motion for Summary Judgment filed by Equal Employment Opportunity Commission. (McMillan, Solvita) Modified text 1/9/2002 (C, K A). (Entered: 01/08/2002)

Jan. 8, 2002

Jan. 8, 2002

33

Opposition (Related Motion(s) 24) to ESAB's motion for summary judgment (complete 87 page document including exhibits is on file in the Clerk's Office) filed by Ivan H. Stowers Jr.. (C, K A) (Entered: 01/09/2002)

Jan. 8, 2002

Jan. 8, 2002

34

Reply (Related Motion(s) 26) To ESAB'S Opposition to Stowers' Motion for Summary Judgment filed by Ivan H. Stowers Jr. (Gerstenslager, William) Modified text 1/17/2002 (C, K A). Additional attachment(corrected reply) added on 1/17/2002 (C, K A). (Entered: 01/16/2002)

Jan. 16, 2002

Jan. 16, 2002

36

Affidavit/Declaration (s) of Ivan H. Stowers, Jr. and Kristy Stowers filed by Ivan H. Stowers Jr.. (Attachments: # 1 declaration of Kristy Stowers)(Related document(s)26, 27) (C, K A) (Entered: 01/17/2002)

Jan. 16, 2002

Jan. 16, 2002

37

Reply (Related Motion(s) 27) to ESAB'S brief in opposition to EEOC'S motion for summary judgment on issue of liability filed by Equal Employment Opportunity Commission. (C, K A) (Entered: 01/17/2002)

Jan. 17, 2002

Jan. 17, 2002

38

Reply (Related Motion(s) 23) brief in support of motion for summary judgment filed by United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), Local 1834. (Attachments: # 1 exhibit T# 2 exhibit U# 3 exhibit V# 4 exhibit W# 5 exhibit X# 6 exhibit Y# 7 unpublished cases cited in UAW Local 1834's reply brief in support of motion for summary judgment)(C, K A) (Entered: 01/18/2002)

Jan. 17, 2002

Jan. 17, 2002

39

Memorandum of Opinion and Order: Defendant UAW's Motion for Summary Judgment is GRANTED; Defenant ESAB's Motion for Summary Judgment is GRANTED; Plaintiff EEOC's Motion for Summary Judgment is DENIED; and Intervenor Plaintiff Ivan Stowers's Motion for Summary Judgment is DENIED. Judge Patricia A. Gaughan (Related Doc # 23), (Related Doc # 24), (Related Doc # 26), (Related Doc # 27) (L-C, S) (Entered: 02/19/2002)

Feb. 19, 2002

Feb. 19, 2002

Clearinghouse
40

Jugment Entry: This Court, having issued its Memorandum of Opinion and Order grantint the Motions for Summary Judgment filed by Defendant United Automobile, Aerospace and Agricultural Implement Workers of America, Local 1834 (Doc. 23) and Defendant the ESAB Group, Inc. (Doc. 24) and denying Motions for Summary Judgment filed by Plaintiff Equal Employment Opportunity Commission (Doc. 27) and Intervening Plaintiff Ivan Stowers, Jr. (Doc. 26), hereby enters judgment for Defendants. Judge Patricia A. Gaughan (Related document(s)39) (L-C, S) (Entered: 02/19/2002)

Feb. 19, 2002

Feb. 19, 2002

41

Bill of costs in the amount of $1,582.83 filed by United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), Local 1834. (Attachments: # 1 itemization in support# 2 exhibits A, B and C)(C, K A) (Entered: 03/01/2002)

Feb. 28, 2002

Feb. 28, 2002

42

Motion for attorney fees filed by The ESAB Group, Inc.. (Attachments: # 1 brief in support# 2 exhibit A# 3 exhibit B# 4 exhibit C# 5 proposed order)(C, K A) (Entered: 03/05/2002)

March 5, 2002

March 5, 2002

43

Unopposed Motion for extension of time of 15 days to respond to motion for attorneys' fees filed by Equal Employment Opportunity Commission. (Related document(s)42) (McMillan, Solvita) Modified on 3/19/2002 (H, D). (Entered: 03/15/2002)

March 15, 2002

March 15, 2002

44

Marginal Entry Order: Plaintiff Equal Employment Opportunity Commission's Motion for extension of time to oppose Defendant ESAB's motion for attorneys' fees is granted to 4/5/02. Judge Patricia A. Gaughan (Related Doc # 43) (L-C, S) (Entered: 03/19/2002)

March 19, 2002

March 19, 2002

46

Memorandum in Opposition (Related Motion(s) 42) to defendant ESAB's motion for attorneys' fees and costs filed by Equal Employment Opportunity Commission. (Attachments: # 1 Attachment A# 2 Attachment B Plaintiff's First Request for Production of Documents to the ESAB Group)(B, B) Modified text on 4/8/2002 (B, B). (Entered: 04/08/2002)

April 5, 2002

April 5, 2002

47

Reply (Related Motion(s) 42) brief in support of motion for attorney fees filed by The ESAB Group, Inc.. (C, K A) (Entered: 04/15/2002)

April 15, 2002

April 15, 2002

48

Notice of Appeal to the 6th Circuit Court of Appeals from the memorandum of opinion and order and judgment entry of 2/19/02 filed by Equal Employment Opportunity Commission. (Related document(s)39) (McMillan, Solvita) Modified on 4/18/2002 (H, S P). (Entered: 04/18/2002)

April 18, 2002

April 18, 2002

49

Acknowledgment from the USCA for Sixth Circuit of receipt of Notice of Appeal [USCA# 02-3431] (Related documents(s) 48) (H, S P) (Entered: 04/24/2002)

April 24, 2002

April 24, 2002

50

Transcript Order Form received. Transcript is unnecessary for appeal purposes. filed by Equal Employment Opportunity Commission. (Related document(s)48) (H, S P) (Entered: 05/01/2002)

April 30, 2002

April 30, 2002

51

Order: Defendant ESAB's Motion for Attorneys' Fees is DENIED. Judge Patricia A. Gaughan (Related Doc # 42) (L-C, S) (Entered: 05/06/2002)

May 2, 2002

May 2, 2002

52

True copy of order from the USCA for the Sixth Circuit: Dismissing the appeal upon stipulation of the parties to voluntarily dismiss [USCA# 02-3431]. Date issued 7/30/02 (Related documents(s) 48) (H, S P) (Entered: 08/07/2002)

Aug. 5, 2002

Aug. 5, 2002

53

Motion for order to withdraw in part memorandum of opinion and order dated 2/19/02 filed by Equal Employment Opportunity Commission. (Attachments: # 1 Brief in Support # 2 Exhibit A# 3 Exhibit B)(C, K A) (Entered: 08/14/2002)

Aug. 14, 2002

Aug. 14, 2002

Clearinghouse
54

Marginal Entry Order: Plaintiff Equal Employment Opportunity Commission's Motion to withdraw in part memorandum of opinion and order dated 2/19/02 is granted. Judge Patricia A. Gaughan (Related Doc # 53) (Related documents(s) 39) (L-C, S) (Entered: 08/23/2002)

Aug. 20, 2002

Aug. 20, 2002

Case Details

State / Territory: Ohio

Case Type(s):

Equal Employment

Disability Rights

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 29, 2000

Closing Date: Aug. 5, 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

United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), Local 1834 (Ashtabula, Ohio), Private Entity/Person

The ESAB Group, Inc. (Ashtabula, Ohio), Private Entity/Person

Case Details

Causes of Action:

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

State law

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Conditional Dismissal

Amount Defendant Pays: 5000

Content of Injunction:

Expungement of Employment Record

Monitoring

Issues

Discrimination-area:

Disparate Treatment

Discrimination-basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit