Case: EEOC v. United Parcel Service

EEOC v. United Parcel Service, Inc.

EEOC v. UPS, Inc.

EEOC v. UPS, Inc.

EEOC v. United Parcel Service, Inc., et al

EEOC v. United Parcel Service, Inc, et al

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT filed; (7) (mrr) (Entered: 11/21/2001)

DEMAND for jury trial by plaintiff EEOC (mrr) (Entered: 11/21/2001)

Intervenor's COMPLAINT by against defendant United Parcel Servic (5) (mrr) (Entered: 11/21/2001)

DEMAND for jury trial by intervenor-plaintiff Ernest Garcia (mrr) Modified on 11/21/2001 (Entered: 11/21/2001)

ANSWER to Complaint by defendant United Parcel Servic (mrr) (Entered: 11/21/2001)

MOTION by defendant United Parcel Servic to dismiss or in the alternative for more definite statement (mrr) (Entered: 11/21/2001)

MOTION by defendant United Parcel Servic to dismiss Garcia's Complaint in Intervention or, in the alternative for more definite statement (mrr) (Entered: 11/21/2001)

ANSWER by defendant United Parcel Servic to [5-1] intervenor complaint (mrr) (Entered: 11/21/2001)

RESPONSE by intervenor-plaintiff Ernest Garcia to [8-1] motion to dismiss or in the alternative for more definite statement (mrr) (Entered: 11/21/2001)

REPLY by defendant United Parcel Servic to response to [8-1] motion to dismiss or in the alternative for more definite statement (mrr) (Entered: 11/21/2001)

RESPONSE by plaintiff EEOC to [8-1] motion to dismiss or in the alternative for more definite statement (mrr) (Entered: 11/21/2001)

REPLY by defendant United Parcel Servic to response to [8-1] motion to dismiss or in the alternative for more definite statement (mrr) (Entered: 11/21/2001)

REPLY by defendant United Parcel Servic to response to defendant's motion to transfer venue [10-1] (mrr) (Entered: 11/21/2001)

SUR-REPLY by plaintiff EEOC to reply to response to [9-1] motion to dismiss Garcia's Complaint in Intervention or, in the alternative for more definite statement (mrr) (Entered: 11/21/2001)

ORDER granting defendant's motion to transfer venue [10-1]. this cause is TRANSFERRED to the Northern District of Texas San Angelo Division (mrr) (Entered: 11/21/2001)

Original file, certified copy of transfer order and docket sheet received from District of WD/TX San Antonio Division (mrr) (Entered: 11/21/2001)

UNFILED PER ORDER OF 11/27/01 ERNEST GARCIA'S FIRST AMENDED intervenor's COMPLAINT & JURY DEMAND by intervenor-plaintiff Ernest Garcia amending [5-1] intervenor complaint (5) (mrr) Modified on 11/27/2001 (Entered: 11/21/2001)

UNFILED PER ORDER OF 11/27/01 DEMAND for jury trial by intervenor-plaintiff Ernest Garcia (mrr) Modified on 11/27/2001 (Entered: 11/21/2001)

SCHEDULING ORDER setting Joining of Parties on 3:00 2/15/02 ; Amending of Pleadings on 3:00 2/15/02 ; Experts disclosed by 3:00 5/15/02; Deadline for filing of dispositive motions (including motions for summary judgment) 3:00 7/15/02 ; Discovery cutoff 3:00 9/16/02 ; Deadlines will not be extended except upon good cause & by order of Court; Unless further ordered by Court parties are not required to make initial disclosures under Rule 26(a)(1) Fed R Civ P; Counsel must comply with mandates set forth in Dondi; Counsel referred to Local Rules ND/TX, Civil Justice Cost & Delay Reduction Plan ND/TX & Local Rules of this Court; ( Signed by Judge Sam R. Cummings ) Copies to counsel: 11/21/01 Page(s): 2 (mrr) (Entered: 11/21/2001)

ADVISORY TO THE COURT REGARDING PENDING MOTIONS by defendant United Parcel Servic (3) (mrr) (Entered: 11/27/2001)

ORDER unfiling [38-1] intervenor complaint, unfiling [38-1] demand jury by intervenor-plaintiff Ernest Garcia due to the following deficiency: Leave of Court required Copies to counsel: 11/27/01 (signed by Judge Sam R Cummings ) Page(s) 2 (blr) (Entered: 11/27/2001)

ORDER denying [8-1] motion to dismiss or in the alternative for more definite statement, denying [9-1] motion to dismiss Garcia's Complaint in Intervention or, in the alternative for more definite statement; Deft's Motions to Dismiss are DENIED; Court does not find that either Pltf's Complaint or Intervenor's Complaint is "so vague & ambiguous" that Deft cannot frame responsive pleading; Deft's Alternative Motions for More Definite Statement are DENIED; **See order for specifics** ( Signed by Judge Sam R. Cummings ) Copies to counsel: 11/30/01 Page (s) 5 (mrr) (Entered: 11/30/2001)

CERTIFICATE OF INTERESTED PERSONS by plaintiff EEOC (4) (blr) (Entered: 12/28/2001)

(Disclosure of Interested Parties) CERTIFICATE OF INTERESTED PERSONS by defendant United Parcel Servic (3) (mrr) (Entered: 01/08/2002)

UNOPPOSED MOTION by plaintiff EEOC (for leave to file 1st amended complaint) to amend [1-1] complaint (4+) (mrr) (Entered: 01/08/2002)

ORDER granting [45-1] motion (for leave to file 1st amended complaint) to amend [1-1] complaint ( Signed by Judge Sam R. Cummings ) Copies to counsel: 1/9/02 Page(s) 1 (mrr) (Entered: 01/09/2002)

PLTF'S FIRST AMENDED COMPLAINT by plaintiff EEOC , amending [1-1] complaint (8) (mrr) (Entered: 01/09/2002)

DEMAND for jury trial by plaintiff EEOC **contained in 1st Amended Complaint** (mrr) (Entered: 01/09/2002)

(Disclosure of Interested Parties) CERTIFICATE OF INTERESTED PERSONS by intervenor-plaintiff Ernest Garcia (2) (mrr) (Entered: 01/18/2002)

MOTION by plaintiff EEOC to amend [47-1] amended complaint (for leave to file second amended complaint) (blr) (Entered: 02/15/2002)

ORDER granting [50-1] motion to amend [47-1] amended complaint ( Signed by Judge Sam R. Cummings ) Copies to counsel: 2/19/02 Page (s) 1 (blr) (Entered: 02/19/2002)

ORDER granting [49-1] motion to amend [5-1] intervenor complaint, [5- 1] demand jury, granting [49-2] motion to add 3rd party defts ( Signed by Judge Sam R. Cummings ) Copies to counsel: 2/19/02 Page(s) 3 (blr) (Entered: 02/19/2002)

AMENDED intervenor's COMPLAINT by intervenor-plaintiff Ernest Garcia amending [5-1] intervenor complaint (6) (blr) (Entered: 02/19/2002)

Second AMENDED COMPLAINT by plaintiff EEOC , amending [47-1] amended complaint (blr) (Entered: 02/19/2002)

ANSWER by third-party defendant Local 657 (Attorney James Lowery Hicks Jr) to amended third-party complaint: [53-1] intervenor complaint (2) (blr) (Entered: 04/02/2002)

JOINT MOTION to Extend Discovery & Summary Judgment Deadlines by plaintiff EEOC, intervenor-plaintiff Ernest Garcia, defendant United Parcel Servic, third-party defendant Intl Brotherhood, third-party defendant Local 657 (7) (mrr) (Entered: 04/05/2002)

ORDER granting [56-1] joint motion to Extend Discovery & Summary Judgment Deadlines Reset scheduling order deadlines: Discovery deadline by 12/20/02 Deadline for filing of dispositive motions (summary judgment motions) by 1/22/03 ( Signed by Judge Sam R. Cummings ) Copies to counsel: 4/9/02 Page(s) 4 (mrr) (Entered: 04/09/2002)

NOTICE of attorney appearance as co-counsel for defendant United Parcel Servic by Robert A Junell (blr) (Entered: 04/19/2002)

STIPULATION of dismissal of All claims Against Deft International Brotherhood of Teamsters; Hereby stipulated by Equal Employment Opportunity Commissions, Pltf, Ernest Garcia,Intervenor, United Parcel Service, Deft & Teamsters Local 657, Deftt that action action of Ernest Garcia, Intervenor against Deft International Brotherhood of Teamsters be dismissed; (4) (mrr) (Entered: 04/22/2002)

ANSWER by defendant United Parcel Servic (Attorney ) to second amended complaint (14) (blr) (Entered: 05/10/2002)

ANSWER by defendant United Parcel Servic to [53-1] amended intervenor complaint (11) (blr) (Entered: 05/10/2002)

ORDER granting [62-1] joint motion to extend deadline for disclosure of expert witnesses; expert witness disclosure due 9/16/02; ( Signed by Judge Sam R. Cummings ) Copies to counsel: 5/20/02 Page(s) 3 (blr) (Entered: 05/20/2002)

JOINT MOTION to extend time by plaintiff EEOC, intervenor-plaintiff Ernest Garcia, defendant United Parcel Servic, intervenor-defendant United Parcel Servic, third-party defendant Intl Brotherhood, third-party defendant Local 657 (blr) (Entered: 09/09/2002)

ORDER denying [64-1] joint motion to extend time; Further parties state that "this case is a multi-party class action"; This case has not been certified as class action & parties are warned that sanctions will be imposed if further misrepresentations are made to Court; ( Signed by Judge Sam R. Cummings ) Copies to counsel: 9/10/02 Page(s) 1 (mrr) (Entered: 09/10/2002)

NOTICE of Advisory to the Court by plaintiff EEOC regarding its failure to move for class certification; Pltf does not allege facts addressed to usual class representation requirements of FedRCivP 23 nor does it move for certification of classes of individuals upon whose claims the EEOC's complaints are based (3) (mrr) (Entered: 09/16/2002)

UNOPPOSED MOTION FOR LEAVE TO FILE 3D AMENDED COMPLAINT by plaintiff EEOC to amend [54-1] amended complaint, [47-1] amended complaint, [1-1] complaint (15) (mrr) Modified on 10/01/2002 (Entered: 10/01/2002)

ORDER granting [67-1] motion to amend [54-1] amended complaint, [47-1] amended complaint, [1-1] complaint Parties are advised that no further extension of pretrial deadlines will be granted & case will be set for trial on Court's 4/21/03 trial docket ; ( Signed by Judge Sam R. Cummings ) Copies to counsel: 10/3/02 Page(s) 1 (mrr) (Entered: 10/03/2002)

THIRD AMENDED COMPLAINT by plaintiff EEOC , amending [1-1] complaint, [47-1] amended complaint, [54-1] amended complaint (9) (mrr) (Entered: 10/03/2002)

SCHEDULING ORDER setting Jury trial set for 9:00 4/21/03 ; Pretrial materials due at least 30 days before trial date; Proposed pretrial order due at least 30 days before trial date ; ( Signed by Judge Sam R. Cummings ) Copies to counsel: 10/4/02 Page(s): 3 (blr) (Entered: 10/04/2002)

(Unopposed) MOTION to intervene by movant Cherri Romo (blr) (Entered: 11/04/2002)

(Cherri Romo's Complaint in Intervention) Intervenor's COMPLAINT by against defendant United Parcel Service (7) (mrr) (Entered: 11/05/2002)

DEMAND for jury trial by intervenor-plaintiff Cherri Romo (mrr) (Entered: 11/05/2002)

UNFILED per Order of 11/12/02: Signature pages for unopposed Motion by intervenor-plaintiff Cherri Romo (blr) Modified on 11/12/2002 (Entered: 11/08/2002)

ORDER unfiling [74-1] remark by intervenor-plaintiff Cherri Romo due to the following deficiency: Document must be in proper form; See LR 10.1; Copies to counsel: 11/12/02 (signed by Judge Sam R Cummings ) Page(s) 1 (mrr) (Entered: 11/12/2002)

UNFILED PER ORDER OF 11/26/02 - MOTION by third-party defendant Local 657 of Rule 19 Deft Temasters Local 657 to be Relieved from Further Pretrial & Trial Participation (4)(mrr) Modified on 11/26/2002 (Entered: 11/25/2002)

ORDER unfiling [76-1] motion of Rule 19 Deft Temasters Local 657 to be Relieved from Further Pretrial & Trial Participation by third-party defendant Local 657 due to the following deficiency: Brief in Support required per LR 7.1(d) Copies to counsel: 11/26/02 (signed by Judge Sam R Cummings ) Page(s) 1 (blr) (Entered: 11/26/2002)

MEMORANDUM by third-party defendant Local 657 in support of (Unfiled Motion to be Relieved from further Pretrial & Trial Participation) (blr) (Entered: 12/03/2002)

ORDER unfiling [78-1] support memorandum by third-party defendant Local 657 due to the following deficiency: Motion unfiled 11/26/02 not resubmitted with Brief therefore Memorandum in Support does not have document to support; Copies to counsel: 12/4/02 (signed by Judge Sam R Cummings ) Page(s) 1 (mrr) (Entered: 12/04/2002)

NOTICE of Joint Advisory to Court Regarding Deft Local 657's Motion to be Relieved from Further Pretrial & Trial Participation by plaintiff EEOC, intervenor-plaintiff Ernest Garcia (5) (mrr) (Entered: 12/06/2002)

Unopposed MOTION of Rule 19 Deft by third-party defendant Local 657 to be Relieved from Further Pretrial & Trial Participation (3) (mrr) (Entered: 12/06/2002)

MEMORANDUM by third-party defendant Local 657 in support of [81- 1] motion to be Relieved from Further Pretrial & Trial Participation (3) (mrr) (Entered: 12/06/2002)

MOTION with memorandum in support by defendant United Parcel Servic for leave to file Separate Motions for Summary Judgment for each of 3 named Pltfs (blr) (Entered: 12/12/2002)

Amended MOTION for leave to file Separate Motions for Summary Judgment for each of 3 named Pltfs by defendant United Parcel Servic referring to [84-1] motion for leave to file Separate Motions for Summary Judgment for each of 3 named Pltfs (blr) (Entered: 12/13/2002)

Second Amended MOTION for leave to file Separate Motions for Summary Judgment for each of 3 named Pltfs by defendant United Parcel Servic referring to [84-1] motion for leave to file Separate Motions for Summary Judgment for each of 3 named Pltfs, [85-1] amended motion for leave to file Separate Motions for Summary Judgment for each of 3 named Pltfs (blr) (Entered: 12/17/2002)

MEMORANDUM by defendant United Parcel Servic in support of [86- 1] amended motion for leave to file Separate Motions for Summary Judgment for each of 3 named Pltfs (blr) (Entered: 12/17/2002)

APPENDIX by defendant United Parcel Servic in support of [87-1] support memorandum (blr) (Entered: 12/17/2002)

MOTION by intervenor-plaintiff Cherri Romo (for) Stipulation of Dismissal of Intervention (6) (mrr) (Entered: 12/26/2002)

ORDER granting [89-1] motion (for) Stipulation of Dismissal of Intervention ; Intervention is dismissed w/out prejudice & Romo shall remain as a class member ( Signed by Judge Sam R. Cummings ) Copies to counsel: 1/2/03 Page(s) 2 (blr) (Entered: 01/02/2003)

CROSS MOTION for extension of page length of Summary Judgment Motions by plaintiff EEOC (blr) (Entered: 01/03/2003)

RESPONSE by plaintiff EEOC to [84-1] motion for leave to file Separate Motions for Summary Judgment for each of 3 named Pltfs, [85-1] amended motion for leave to file Separate Motions for Summary Judgment for each of 3 named Pltfs, [86-1] second amended motion for leave to file Separate Motions for Summary Judgment for each of 3 named Pltfs (blr) (Entered: 01/03/2003)

MEMORANDUM by plaintiff EEOC in support of [91-1] cross motion for extension of page length of Summary Judgment Motions, [91-1] motion response (blr) (Entered: 01/03/2003)

APPENDIX by plaintiff EEOC in support of [92-1] support memorandum (blr) (Entered: 01/03/2003)

RESPONSE by intervenor-plaintiff Ernest Garcia in opposition to [84-1] motion for leave to file Separate Motions for Summary Judgment for each of 3 named Pltfs, [85-1] amended motion for leave to file Separate Motions for Summary Judgment for each of 3 named Pltfs, [86-1] amended motion for leave to file Separate Motions for Summary Judgment for each of 3 named Pltfs (blr) (Entered: 01/13/2003)

MEMORANDUM by intervenor-plaintiff Ernest Garcia in support of [95-1] motion response (blr) (Entered: 01/13/2003)

Unopposed Expedited MOTION by plaintiff EEOC to extend Scheduling Order & Pretrial Order Deadlines (5) (mrr) (Entered: 01/14/2003)

ORDER denying [97-1] motion to extend Scheduling Order & Pretrial Order Deadlines ( Signed by Judge Sam R. Cummings ) Copies to counsel: 1/14/03 Page(s) 1 (mrr) (Entered: 01/14/2003)

MOTION by plaintiff EEOC to strike Al Yonovitz's Testimony or in alternative motion to exclude purported expert witness testimony of Al Yonovitz (blr) (Entered: 01/22/2003)

MEMORANDUM by plaintiff EEOC in support of [99-1] motion to strike Al Yonovitz's Testimony or in alternative motion to exclude purported expert witness testimony of Al Yonovitz (blr) (Entered: 01/22/2003)

APPENDIX by plaintiff EEOC in support of [100-1] support memorandum (blr) (Entered: 01/22/2003)

MOTION by plaintiff EEOC in limine (blr) (Entered: 01/22/2003)

MEMORANDUM by plaintiff EEOC in support of [102-1] motion in limine (blr) (Entered: 01/22/2003)

APPENDIX by plaintiff EEOC in support of [103-1] support memorandum (blr) (Entered: 01/22/2003)

MOTION by plaintiff EEOC, intervenor-plaintiff Ernest Garcia for partial summary judgment (blr) (Entered: 01/22/2003)

MEMORANDUM by plaintiff EEOC, intervenor-plaintiff Ernest Garcia in support of [105-1] motion for partial summary judgment (blr) (Entered: 01/22/2003)

APPENDIX by plaintiff EEOC, intervenor-plaintiff Ernest Garcia in support of [106-1] support memorandum (blr) (Entered: 01/22/2003)

MOTION by intervenor-plaintiff Ernest Garcia in limine (blr) (Entered: 01/22/2003)

MEMORANDUM by intervenor-plaintiff Ernest Garcia in support of [108-1] motion in limine (blr) (Entered: 01/22/2003)

MOTION by intervenor-plaintiff Ernest Garcia to strike Al Yanovitz's Testimony or in alternative to exclude purported expert testimony of Al Yanovitz (blr) (Entered: 01/22/2003)

MEMORANDUM by intervenor-plaintiff Ernest Garcia in support of [110-1] motion to strike Al Yanovitz's Testimony or in alternative to exclude purported expert testimony of Al Yanovitz (blr) (Entered: 01/22/2003)

MOTION by defendant United Parcel Servic for summary judgment (blr) (Entered: 01/22/2003)

MEMORANDUM by defendant United Parcel Servic in support of [112- 1] motion for summary judgment (blr) (Entered: 01/22/2003)

APPENDIX - Volume 1 of 3 by defendant United Parcel Servic in support of [113-1] support memorandum (blr) (Entered: 01/22/2003)

APPENDIX - Volume 2 of 3 by defendant United Parcel Servic in support of [113-1] support memorandum (blr) (Entered: 01/22/2003)

APPENDIX - Volue 3 of 3 by defendant United Parcel Servic in support of [113-1] support memorandum (blr) (Entered: 01/22/2003)

MOTION by defendant United Parcel Servic in limine (blr) (Entered: 01/22/2003)

MEMORANDUM by defendant United Parcel Servic in support of [117- 1] motion in limine (blr) (Entered: 01/22/2003)

ORDER denying [102-1] motion in limine as untimely, denying [108-1] motion in limine as untimely, denying [117-1] motion in limine as untimely ; Response to motion reset to 2/5/03 for [99-1] motion to strike Al Yonovitz's Testimony or in alternative motion to exclude purported expert witness testimony of Al Yonovitz, reset to 2/5/03 for [110-1] motion to strike Al Yanovitz's Testimony or in alternative to exclude purported expert testimony of Al Yanovitz, reset to 2/11/03 for [105-1] motion for partial summary judgment, reset to 2/11/03 for [112-1] motion for summary judgment ; any reply to a response must be filed w/in 15 days from date the response is filed; no extensions will be granted ; ( Signed by Judge Sam R. Cummings ) Copies to counsel: 1/28/03 Page (s) 2 (blr) (Entered: 01/28/2003)

RESPONSE by defendant United Parcel Servic to [99-1] motion to strike Al Yonovitz's Testimony or in alternative motion to exclude purported expert witness testimony of Al Yonovitz, [110-1] motion to strike Al Yanovitz's Testimony or in alternative to exclude purported expert testimony of Al Yanovitz (3) (mrr) (Entered: 02/05/2003)

(Alternative) MOTION by defendant United Parcel Servic for attorney's fees & costs (3) (mrr) (Entered: 02/05/2003)

MEMORANDUM by defendant United Parcel Servic in support of [120- 1] motion response, [120-1] motion for attorney's fees & costs (18) (mrr) (Entered: 02/05/2003)