Case: EEOC v. KAISER FOUNDATION HEALTH PLAN INC

1:98-cv-02839 | U.S. District Court for the Northern District of Ohio

Filed Date: Dec. 8, 1998

Closed Date: Feb. 22, 2001

Clearinghouse coding complete

Case Summary

In December 1998, the EEOC's Cleveland District Office filed this suit against Kaiser Foundation Health Plan, Inc. in the U.S. District Court for the Northern District of Ohio. The only document publicly available regarding this case is the docket; therefore, the exact allegations of the complaint are unknown. However, it appears from the docket that the complaint alleged discrimination on the basis of race in violation of Title VII of the Civil Rights Act of 1964. An individual complainant intervened in the suit in April 1999 and another tried to intervene in August 1999 but failed. After some discovery disputes and a failed motion to dismiss by the defendant, the parties settled through a consent decree in February 2000. According to the docket, the decree had a term of one year and required the defendant to pay a total of $235,000, to be divided among six individuals.

Summary Authors

Kevin Wilemon (6/5/2007)

Documents in the Clearinghouse

Document

1:98-cv-02839

Docket

EEOC v. Kaiser Foundation Health Plan, Inc.

Feb. 22, 2000

Feb. 22, 2000

Docket

Resources

Docket

Last updated March 26, 2024, 3:10 a.m.

ECF Number Description Date Link Date / Link

FILING FEE: WAIVED. (C,B) (Entered: 12/08/1998)

Dec. 8, 1998

Dec. 8, 1998

ASSIGNMENT OF MAGISTRATE JUDGE pursuant to Local Rule 3.1, Assignment of Cases. In the event of referral this case will be referred to Mag. Judge Jack B. Streepy . 1 pg (H,D) (Entered: 12/09/1998)

Dec. 8, 1998

Dec. 8, 1998

1

COMPLAINT; jury demand ( Service: waiver issd, magistrate consent form issd) ( 6 pgs) (H,D) (Entered: 12/09/1998)

Dec. 8, 1998

Dec. 8, 1998

2

CIS filed by pltf. Recommended Track: Standard. ( 2 pgs) (H,D) (Entered: 12/09/1998)

Dec. 8, 1998

Dec. 8, 1998

3

CASE MANAGEMENT CONFERENCE scheduling order. CMC set at 8:45 a.m. on 3/4/99 before Judge Patricia A. Gaughan; the conf will be held by telephone w/the ct initiating the call. (issued on 1/21/99) ( 5 pgs) Judge Patricia A. Gaughan (H,D) (Entered: 01/22/1999)

Jan. 20, 1999

Jan. 20, 1999

4

CONSENT MOTION by deft Kaiser Fndn Hlth Inc to extend time to answer or move ( 3 pgs) (K,J) (Entered: 02/08/1999)

Feb. 5, 1999

Feb. 5, 1999

MARGINAL ENTRY ORDER granting to 2/23/99 deft's motion to extend time to answer or move [4-1] (issued on 2/11/99) Judge Patricia A. Gaughan (H,D) (Entered: 02/11/1999)

Feb. 10, 1999

Feb. 10, 1999

5

MOTION by deft for attys Anita Barondes & Nelson D Cary to appear pro hac vice ( 6 pgs) (H,D) (Entered: 02/22/1999)

Feb. 19, 1999

Feb. 19, 1999

6

DISCOVERY PLAN RE: FRCP 26; rpt of ptys' planning meeting by pltf EEOC & deft Kaiser Fndn Hlth Inc ( 4 pgs) (K,J) (Entered: 02/24/1999)

Feb. 22, 1999

Feb. 22, 1999

7

ANSWER to Complaint by deft ( 7 pgs) (H,D) (Entered: 02/24/1999)

Feb. 23, 1999

Feb. 23, 1999

MARGINAL ENTRY ORDER granting motion by deft for attys Anita Barondes & Nelson D Cary to appear pro hac vice [5-1] (issued on 2/25/99) Judge Patricia A. Gaughan (H,D) (Entered: 02/26/1999)

Feb. 25, 1999

Feb. 25, 1999

8

CASE MANAGMENT PLAN/ORDER: Track Designation: standard , CMC held on 3/4/99; expert rpts shall be exchanged by 7/15/99 by pltf & by 8/15/99 by deft; non-expert & expert discovery to be complete 9/15/99; pldgs shall be amd & new ptys joined by 5/4/99; disp mtn filing ddl 10/15/99; status hrg set at 9:30 a.m. on 5/19/99 (issued on 3/4/99) ( 3 pgs) Judge Patricia A. Gaughan (H,D) (Entered: 03/05/1999)

March 4, 1999

March 4, 1999

9

MOTION by Cecelia Ubu to intervene w/memo in support. ( 5 pgs) (H,D) (Entered: 03/18/1999)

March 18, 1999

March 18, 1999

10

MOTION by deft to dismiss case , or in the alternative, to stay litigation (43 pgs) (H,D) (Entered: 03/30/1999)

March 29, 1999

March 29, 1999

11

MEMORANDUM by deft in support of motion to dismiss case [10-1], or in the alternative, to stay litigation. [10-2] ( 23 pgs) (H,D) (Entered: 03/30/1999)

March 29, 1999

March 29, 1999

12

MOTION by pltf to exceed page limitation on opp to to deft's mot to dism or in the alt to stay w/memo in supp. ( 2 pgs) (S,J) (Entered: 04/05/1999)

April 2, 1999

April 2, 1999

13

NOTICE OF SERVICE by deft of 1st set of interrs & 1st req for prodctn of docmts to pltf on 4/1/99 ( 3 pgs) (S,J) (Entered: 04/05/1999)

April 2, 1999

April 2, 1999

14

MEMORANDUM by pltf in opp to deft's memo in supp of its' mtn to dism or, in the alt, to stay litigation. [10-1], [10-2] ( 28 pgs) (M,J A A) (Entered: 04/05/1999)

April 2, 1999

April 2, 1999

15

DECLARATION by Dan Cabot. ( 14 pgs) (M,J A A) (Entered: 04/05/1999)

April 2, 1999

April 2, 1999

16

DECLARATION by Janice Streeter. ( 40 pgs) (M,J A A) (Entered: 04/05/1999)

April 2, 1999

April 2, 1999

17

MEMORANDUM of points & authorities by deft in opposition to motion by Cecelia Ubu to intervene [9-1] ( 19 pgs) (H,D) (Entered: 04/06/1999)

April 5, 1999

April 5, 1999

18

NOTICE OF SERVICE by pltf of pltf's 1st set of interr & 1st requests for prodctn of docmtns to deft on 3/15/99. ( 2 pgs) (H,D) (Entered: 04/08/1999)

April 7, 1999

April 7, 1999

19

NOTICE OF SERVICE by pltf of pltf's 2nd request to produce upon deft on 3/29/99. ( 2 pgs) (H,D) (Entered: 04/08/1999)

April 7, 1999

April 7, 1999

20

NOTICE OF SERVICE by pltf of pltf's 3rd request to produce upon deft on 4/2/99. ( 2 pgs) (H,D) (Entered: 04/08/1999)

April 7, 1999

April 7, 1999

MARGINAL ENTRY ORDER granting motion by pltf to exceed page limitation on opp to to deft's mot to dism or in the alt to stay [12-1] (issued on 4/9/99) Judge Patricia A. Gaughan (H,D) (Entered: 04/09/1999)

April 7, 1999

April 7, 1999

21

REPLY by Cecelia Ubu to memo opposing her motion to intervene [9-1] ( 6 pgs) (H,D) (Entered: 04/09/1999)

April 8, 1999

April 8, 1999

22

MOTION by deft for protective order to suspend discovery w/memo of points & authorities. ( 10 pgs) (H,D) (Entered: 04/09/1999)

April 8, 1999

April 8, 1999

23

REPLY Memo by deft in support of its motion to dismiss case [10-1], or in the alternative, its motion to stay litigation [10-2] ( 19 pgs) (H,D) (Entered: 04/12/1999)

April 9, 1999

April 9, 1999

24

NOTICE by defendant of filing supplemental affvt of Malcolm Trifon. ( 5 pgs) (K,V) (Entered: 04/14/1999)

April 13, 1999

April 13, 1999

25

MEMORANDUM by plaintiff in opposition to motion by deft for protective order to suspend discovery [22-1] ( 6 pgs) (K,V) (Entered:04/15/1999)

April 15, 1999

April 15, 1999

MARGINAL ENTRY ORDER: granting mtn by Cecelia Ubu to intervene [9-1] (issued on 4/19/99) Judge Patricia A. Gaughan (M,EJ) (Entered: 04/19/1999)

April 16, 1999

April 16, 1999

26

REPLY Memo by deft in support of motion by deft for protective order to suspend discovery [22-1] ( 7 pgs) (H,D) (Entered: 04/23/1999)

April 22, 1999

April 22, 1999

27

NOTICE by deft Kaiser Fndn Hlth Inc of filing afdt of Julienne Bramesco, esq. ( 7 pgs) (H,D) (Entered: 04/27/1999)

April 27, 1999

April 27, 1999

28

AMENDED ANSWER [7-1] by deft Kaiser Fndn Hlth Inc; jury demand (8 pgs) (K,J) (Entered: 05/05/1999)

May 4, 1999

May 4, 1999

29

MEMORANDUM, OPINION, AND ORDER: denying motion to dismiss case [10-1] or in the alternative to stay litigation [10-2] (issued on 5/12/99) ( 14 pgs) Judge Patricia A. Gaughan (S,R) (Entered: 05/13/1999)

May 12, 1999

May 12, 1999

MARGINAL ENTRY ORDER: finding the motion by deft for protective order to suspend discovery [22-1] moot (issued on 5/12/99) Judge Patricia A. Gaughan (S,R) (Entered: 05/13/1999)

May 12, 1999

May 12, 1999

31

MINUTES of proceedings: before Judge Patricia A. Gaughan ; status hearing held 5/18/99 , settlement conf set 9:30 a.m. on 9/22/99 (issued on 5/20/99) ( 1 pg) (H,D) (Entered: 05/21/1999)

May 18, 1999

May 18, 1999

30

MOTION by intervenor Cecelia Ubu to consolidate cases 1:98cv2839 & 1:99cv19 w/memo in support. ( 20 pgs) (H,D) (Entered: 05/19/1999)

May 19, 1999

May 19, 1999

32

MOTION by deft to extend time until 6/9/99 w/i which to resp to mtn to consolidate (3 pgs) (E,P) (Entered: 06/04/1999)

June 4, 1999

June 4, 1999

MARGINAL ENTRY ORDER granting to 6/9/99 motion by deft to extend time w/i which to resp to mtn to consolidate [32-1] (issued on 6/7/99) Judge Patricia A. Gaughan [EOD Date: 6/7/99] (H,D) (Entered: 06/07/1999)

June 4, 1999

June 4, 1999

33

MEMORANDUM by deft in opp to mtn by intervenor Cecelia Ubu to consolidate cases 1:98cv2839 & 1:99cv19 [30-1] ( 15 pgs) (M,J A A) (Entered: 06/10/1999)

June 9, 1999

June 9, 1999

MARGINAL ENTRY ORDER granting motion by deft to extend time until 6/9/99 w/i which to resp to mtn to consolidate [32-1] (issued on 6/15/99) Judge Patricia A. Gaughan [EOD Date: 6/15/99] (H,D) (Entered: 06/15/1999)

June 14, 1999

June 14, 1999

34

MOTION by intervenor Cecelia Ubu for ext of time to file reply brief ( 3 pgs) (H,D) (Entered: 06/16/1999)

June 16, 1999

June 16, 1999

MARGINAL ENTRY ORDER granting to 6/24/99 mot by intervenor Cecelia Ubu for ext of time to file reply brief [34-1]. (issd 6/21/99) Judge Patricia A. Gaughan [EOD Date: 6/21/99] (V,K) (Entered: 06/21/1999)

June 18, 1999

June 18, 1999

35

REPLY by intervenor Cecelia Ubu to memo opposing her motion to consolidate cases 1:98cv2839 & 1:99cv19 [30-1] ( 40 pgs) (H,D) (Entered: 06/24/1999)

June 24, 1999

June 24, 1999

MARGINAL ENTRY ORDER denying motion by intervenor Cecelia Ubu to consolidate cases 1:98cv2839 & 1:99cv19 [30-1] (issued on 6/30/99) Judge Patricia A. Gaughan [EOD Date: 6/29/99] (H,D) (Entered: 06/29/1999)

June 25, 1999

June 25, 1999

36

MOTION by deft Kaiser Fndn Hlth Inc for atty Christopher A. Weals to appear pro hac vice ( 4 pgs) (K,J) (Entered: 07/01/1999)

June 30, 1999

June 30, 1999

MARGINAL ENTRY ORDER granting mot by deft for atty Christopher A. Weals to appear pro hac vice [36-1]. (issd 7/6/99) Judge Patricia A. Gaughan [EOD Date: 7/6/99] (V,K) (Entered: 07/06/1999)

July 2, 1999

July 2, 1999

37

JOINT MOTION by ptys for order to modify the scheduling order ( 5 pgs) (H,D) (Entered: 08/06/1999)

Aug. 5, 1999

Aug. 5, 1999

38

ORDER: granting motion by ptys for order to modify the scheduling order [37-1] ddl for dft's expert witness disclosures 9/15/99; ;discovery to be complete 11/15/99 ; dispositive mtn filing ddl 12/15/99; settlement conf set for 9:30 on 11/23/99 (issued on 8/10/99) ( 2 pgs) Judge Patricia A. Gaughan [EOD Date: 8/10/99] (S,R) (Entered: 08/10/1999)

Aug. 6, 1999

Aug. 6, 1999

39

MOTION by NAACP Lake Chapter to intervene in pending action , & for leave to file the attached complt instanter (Complt attached) ( 27 pgs) (H,D) (Entered: 08/24/1999)

Aug. 23, 1999

Aug. 23, 1999

40

MOTION by deft to ext time until 9/17/99 for filing opp to mtn of Lake Cty NAACP yo intervene & file a cmp ( 3 pgs) (E,P) (Entered: 09/13/1999)

Sept. 10, 1999

Sept. 10, 1999

MARGINAL ENTRY ORDER granting mtn by deft to ext time for 7 days for filing opp to mtn of Lake Cty NAACP to intervene & file a complt [40-1] (issued on 9/15/99) Judge Patricia A. Gaughan [EOD Date: 9/15/99] (M,J A A) (Entered: 09/15/1999)

Sept. 14, 1999

Sept. 14, 1999

41

MEMORANDUM by deft of Points & Authorities in opp to mtn by NAACP Lake County Branch to intervene [39-1], [39-2] ( 22 pgs) (M,J A A) (Entered: 09/20/1999)

Sept. 17, 1999

Sept. 17, 1999

42

NOTICE by pltf of taking deposition of Ronni Buchman, R.N. on 9/24/99. ( 8 pgs) (H,D) (Entered: 09/21/1999)

Sept. 20, 1999

Sept. 20, 1999

43

NOTICE by pltf of taking deposition of Roy Petroff on 9/10/99. ( 6 pgs) (H,D) (Entered: 09/21/1999)

Sept. 20, 1999

Sept. 20, 1999

44

NOTICE by deft of taking deposition of Genieve Turner on 9/30/99 ( 3 pgs) (H,D) (Entered: 09/28/1999)

Sept. 27, 1999

Sept. 27, 1999

MARGINAL ENTRY ORDER denying NAACP Lake Cty Branch's motion to intervene in pending action [39-1], & denying its' motion for leave to file the attached complt instanter. [39-2] (issued on 10/6/99) Judge Patricia A. Gaughan [EOD Date: 10/6/99] (H,D) (Entered: 10/06/1999)

Oct. 5, 1999

Oct. 5, 1999

45

CONSENT MOTION by deft for order permitting deft to conduct a mental exam of Rosalyn Jolly ( 19 pgs) (H,D) (Entered: 10/21/1999)

Oct. 20, 1999

Oct. 20, 1999

MARGINAL ENTRY ORDER granting motion by deft for order permitting deft to conduct a mental exam of Rosalyn Jolly. [45-1] (issued on 11/1/99) Judge Patricia A. Gaughan [EOD Date: 11/1/99] (H,D) (Entered: 11/01/1999)

Oct. 28, 1999

Oct. 28, 1999

46

MOTION by deft for order for Rule 35 mental exam of Donna White- Green w/memo in support. ( 28 pgs) (H,D) (Entered: 11/12/1999)

Nov. 12, 1999

Nov. 12, 1999

MARGINAL ENTRY ORDER granting w/out obj motion by deft for order for Rule 35 mental exam of Donna White-Green [46-1] (issued on 11/24/99) Judge Patricia A. Gaughan [EOD Date: 11/24/99] (H,D) (Entered: 11/24/1999)

Nov. 23, 1999

Nov. 23, 1999

48

MINUTES of proceedings/Order: before Judge Patricia A. Gaughan; settlement conf held 11/23/99; settlement conf set 10:30 a.m. on 12/16/99 , clients must appear; disp mtn filing ddl ext to 1/17/00. (issued on 11/29/99) (1 pg) (H,D) (Entered: 11/30/1999)

Nov. 23, 1999

Nov. 23, 1999

47

MOTION by pltf to compel disclosure & discovery w/memo in support. ( 302 pgs) (H,D) (Entered: 11/24/1999)

Nov. 24, 1999

Nov. 24, 1999

49

MOTION by deft to compel prodctn of records held by social security administration w/memo in support. ( 84 pgs) (H,D) (Entered: 12/02/1999)

Nov. 30, 1999

Nov. 30, 1999

50

MOTION by deft to compel prodctn of docmts withheld by EEOC on the grounds of deliberative process privilege w/memo in support. ( 63 pgs) (H,D) (Entered: 12/02/1999)

Nov. 30, 1999

Nov. 30, 1999

51

MOTION by deft for ext of time until 12/22/99 to respond to pltf's mtn to compel. ( 3 pgs) (H,D) (Entered: 12/09/1999)

Dec. 8, 1999

Dec. 8, 1999

MARGINAL ENTRY ORDER granting to 12/22/99 motion by deft for ext of time to respond to pltf's mtn to compel. [51-1] (issued on 12/14/99) Judge Patricia A. Gaughan [EOD Date: 12/14/99] (H,D) (Entered: 12/14/1999)

Dec. 13, 1999

Dec. 13, 1999

52

MOTION by pltf to strike deft's memo in support of its mtns to compel prodctn of records held by SSA & to compel prodctn of docmts withheld by EEOC w/memo in support. ( 7 pgs) (H,D) (Entered: 12/15/1999)

Dec. 15, 1999

Dec. 15, 1999

MARGINAL ENTRY ORDER finding the motion by pltf to strike deft's memo in support of its mtns to compel prodctn of records held by SSA & to compel prodctn of docmts withheld by EEOC moot. [52-1] (issued on 12/17/99) Judge Patricia A. Gaughan [EOD Date: 12/20/99] (H,D) (Entered: 12/20/1999)

Dec. 16, 1999

Dec. 16, 1999

MARGINAL ENTRY ORDER finding the motion by deft to compel prodctn of docmts withheld by EEOC on the grounds of deliberative process privilege moot. [50-1] (issued on 12/17/99) Judge Patricia A. Gaughan [EOD Date: 12/20/99] (H,D) (Entered: 12/20/1999)

Dec. 16, 1999

Dec. 16, 1999

MARGINAL ENTRY ORDER finding the motion by pltf to compel disclosure & discovery moot. [47-1] (issued on 12/17/99) Judge Patricia A. Gaughan [EOD Date: 12/20/99] (H,D) (Entered: 12/20/1999)

Dec. 16, 1999

Dec. 16, 1999

53

STIPULATION and ORDER settling & dismissing case w/prej, each pty to bear its own costs; dismissing case (issued on 12/17/99) (1 pg) Judge Patricia A. Gaughan [EOD Date: 12/20/99] (H,D) (Entered: 12/20/1999)

Dec. 16, 1999

Dec. 16, 1999

54

JOINT POST-JUDGMENT MOTION by ptys for order to approve & enter a consent decree ( 15 pgs) (H,D) (Entered: 02/17/2000)

Feb. 17, 2000

Feb. 17, 2000

MARGINAL ENTRY ORDER granting motion by ptys for order to approve & enter a consent decree. [54-1] (issued on 2/22/00) Judge Patricia A. Gaughan [EOD Date: 2/23/00] (H,D) (Entered: 02/23/2000)

Feb. 22, 2000

Feb. 22, 2000

55

CONSENT DECREE by agreement of the ptys; the term of this decree shall be 1 yr from date of entry by the Ct; deft shall pay pty Roslyn Jolly the sum of $80,000; Cecilia Ubu - $80,000; Geneva Turner - $20,000; Barbara Davis - $10,000; Donna White-Green - $30,000; & Debra Douglas - $15,000. Deft is enjoined from discharging or discriminating against employees because of their race; etc.; the Ct shall retain jurisdiction of this case for purposes of compliance w/this Decree, & entry of further orders as may be necessary. (issued) (13 pgs) Judge Patricia A. Gaughan [EOD Date: 2/23/00] (H,D) (Entered: 02/23/2000)

Feb. 22, 2000

Feb. 22, 2000

Case Details

State / Territory: Ohio

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Dec. 8, 1998

Closing Date: Feb. 22, 2001

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

Kaiser Foundation Health Plan, Inc., Private Entity/Person

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Available Documents:

Trial Court Docket

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: 235000

Order Duration: 2000 - 2001

Content of Injunction:

Discrimination Prohibition

Issues

Discrimination-area:

Disparate Treatment

Discrimination-basis:

Race discrimination

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit