Case: EEOC v. FISERV SOLUTIONS INC (d/b/a MORTGAGESERV)

3:05-cv-00469 | U.S. District Court for the Northern District of Indiana

Filed Date: Aug. 4, 2005

Closed Date: Oct. 24, 2008

Clearinghouse coding complete

Case Summary

The EEOC's Indianapolis district office sued Fiserv Solutions, Inc., d/b/a Mortgageserv on August 4, 2005 in the U.S. District Court for the Northern District of Indiana. The EEOC's complaint alleged that the defendant violated the Americans with Disabilities Act when it discriminated based on physical disability (cerebellar degeneration) by failing to allow him to work remotely. The parties entered into a consent decree on October 24, 2006, which stipulated that the defendant would pay the c…

The EEOC's Indianapolis district office sued Fiserv Solutions, Inc., d/b/a Mortgageserv on August 4, 2005 in the U.S. District Court for the Northern District of Indiana. The EEOC's complaint alleged that the defendant violated the Americans with Disabilities Act when it discriminated based on physical disability (cerebellar degeneration) by failing to allow him to work remotely.

The parties entered into a consent decree on October 24, 2006, which stipulated that the defendant would pay the complainant $175,725 in damages, post a notice of compliance with the ADA, provide ADA training to its supervisors at the locations specified in the agreement, draft and distribute a non-discrimination policy, allow the EEOC to enter the defendant's premises to ensure compliance with the consent decree, and report to the EEOC that the defendant has fulfilled its obligations under the consent decree. The court retained jurisdiction to enforce the consent decree for two years.

Following the order entering the consent decree, the defendants moved for clarification of the order as the order required the defendants to pay interest on the payment to complainant but the consent decree did not. The court granted this motion. Given there is no subsequent enforcement activity, presumably this matter ended in October 2008.

Summary Authors

Aaron Weismann (7/11/2007)

Rachel Barr (1/3/2018)

Documents in the Clearinghouse

Document

3:05-cv-00469

Docket

EEOC v. Fiserv, Inc. et al

Nov. 20, 2006

Nov. 20, 2006

Docket
1

3:05-cv-00469

Complaint

EEOC v. Fiserv, Inc.

Aug. 4, 2005

Aug. 4, 2005

Complaint
32

3:05-cv-00469

Order and Opinion [Regarding EEOC's Motion to Compel]

EEOC v. Fiserv, Inc.

April 18, 2006

April 18, 2006

Order/Opinion
39

3:05-cv-00469

Order Denying Motion for Protective Order

EEOC v. Fiserv, Inc.

May 11, 2006

May 11, 2006

Order/Opinion
43

3:05-cv-00469

Order Granting Motion for Protective Order

EEOC v. Fiserv, Inc.

May 26, 2006

May 26, 2006

Order/Opinion
53

3:05-cv-00469

Consent Decree

EEOC v. Fiserv, Inc.

Oct. 24, 2006

Oct. 24, 2006

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5215380/equal-employment-opportunity-commission-v-fiserv-inc/

Last updated Feb. 7, 2024, 3:19 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with JURY DEMAND against Fiserv Inc, Fiserv Solutions Inc, filed by Equal Employment Opportunity Commission. (Attachments: (1) Civil Cover Sheet)(rmn ) (Entered: 08/05/2005)

Aug. 4, 2005

Aug. 4, 2005

2

Summons Issued as to Fiserv Inc, Fiserv Solutions Inc. (rmn ) (Entered: 08/05/2005)

Aug. 4, 2005

Aug. 4, 2005

3

NOTICE of Appearance by Nancy Dean Edmonds on behalf of Equal Employment Opportunity Commission (Edmonds, Nancy) (Entered: 08/23/2005)

Aug. 23, 2005

Aug. 23, 2005

4

NOTICE of Appearance by James L Hough on behalf of all defendants (Hough, James) (Entered: 08/30/2005)

Aug. 30, 2005

Aug. 30, 2005

5

NOTICE of Appearance by Kathleen M Maicher on behalf of all defendants (Maicher, Kathleen) (Entered: 08/30/2005)

Aug. 30, 2005

Aug. 30, 2005

6

NOTICE of Appearance by Elizabeth A McDuffie on behalf of all defendants (McDuffie, Elizabeth) (Entered: 08/30/2005)

Aug. 30, 2005

Aug. 30, 2005

7

DEFENDANTS' ANSWER to Complaint by Fiserv Inc, Fiserv Solutions Inc.(McDuffie, Elizabeth) (Entered: 08/30/2005)

Aug. 30, 2005

Aug. 30, 2005

8

ORDER: Joint Proposed Discovery due by 10/14/2005. Rule 16 Preliminary Pretrial Conference set for 10/25/2005 10:30 AM (South Bend time) in South Bend before Magistrate Judge Christopher A Nuechterlein. Signed by Judge Christopher A Nuechterlein on 9/1/2005. (rmn ) (Entered: 09/01/2005)

Sept. 1, 2005

Sept. 1, 2005

9

MAGISTRATE CONSENT FORMS sent to all parties (Standard Track). (rmn ) (Entered: 09/01/2005)

Sept. 1, 2005

Sept. 1, 2005

10

SUMMONS Returned Executed by Equal Employment Opportunity Commission. Fiserv Solutions c/o Prentice Hall Corp (Registered Agent) served on 8/10/2005, answer due 8/30/2005. (rmn) (Entered: 09/21/2005)

Sept. 19, 2005

Sept. 19, 2005

11

MOTION for Leave to Appear Telephonic, at Preliminary Pretrial Conference by Plaintiff Equal Employment Opportunity Commission. (Attachments: # (1) Proposed Order removed per chambers)(Edmonds, Nancy) Modified on 9/23/2005 (rmn). (Entered: 09/22/2005)

Sept. 22, 2005

Sept. 22, 2005

12

ORDER granting 11 Motion for Leave of ALL COUNSEL to Appear Telephonically at the 10/25/2005 Preliminary Pretrial Conference. Signed by Judge Christopher A Nuechterlein on 09/26/2005. (rmn ) (Entered: 09/26/2005)

Sept. 26, 2005

Sept. 26, 2005

13

REPORT of Rule 26(f) Planning Meeting. (McDuffie, Elizabeth) (Entered: 10/14/2005)

Oct. 14, 2005

Oct. 14, 2005

14

RULE 16 PRELIMINARY PRETRIAL CONFERENCE held on 10/25/2005. before Judge Christopher A Nuechterlein. Plaintiffs appeared by attorneys Nancy Dean Edmonds. Defendants appeared by attorneys Elizabeth A McDuffie. Initial Disclosures to be exchanged by 11/22/2005. Any amendments to the pleadings to be filed by 12/30/2005. Plaintiff expert witness disclosures and reports to be delivered to the defendant by 5/31/2006. Defendant expert witness disclosures and reports to be delivered to the plainitff by 7/30/2006. Discovery deadline is 9/30/2006. Mediator Selection Deadline is 11/25/2006. (slm, ) (Entered: 10/26/2005)

Oct. 25, 2005

Oct. 25, 2005

15

REPORT by Fiserv Inc, Fiserv Solutions Inc REGARDING MEDIATION . (McDuffie, Elizabeth) (Entered: 11/23/2005)

Nov. 23, 2005

Nov. 23, 2005

16

ORDER appointing Joseph V Simeri to serve as a mediator. Signed by Judge Christopher A Nuechterlein on 11/30/2005. Atty Simeri added. (rmn) (Entered: 11/30/2005)

Nov. 30, 2005

Nov. 30, 2005

17

MOTION to Compel Responses to First Interrogatories and First Request for Production by Equal Employment Opportunity Commission. (Attachments: # 1 Affidavit Declaration of Nancy Dean Edmonds# 2 Exhibit #1 to Declaration of Nancy Dean Edmonds# 3 Exhibit #2 to Declaration of Nancy Dean Edmonds# 4 Exhibit #3 to Declaration of Nancy Dean Edmonds# 5 Exhibit # 4 to Declaration of Nancy Dean Edmonds# (6) Proposed Order)(Edmonds, Nancy) (Entered: 02/09/2006)

Feb. 9, 2006

Feb. 9, 2006

18

MOTION for Extension of Time to File Response/Reply as to 17 MOTION to Compel Responses to First Interrogatories and First Request for Production by Fiserv Inc, Fiserv Solutions Inc. (McDuffie, Elizabeth) (Entered: 02/24/2006)

Feb. 24, 2006

Feb. 24, 2006

19

ORDER granting 18 Motion for Extension of Time to respond to Plaintiff's 17 Motion to Compel. Response is due 2/28/2006. Signed by Judge Christopher A Nuechterlein on 2/27/06. (khr) (Entered: 02/28/2006)

Feb. 27, 2006

Feb. 27, 2006

20

RESPONSE to Motion re 17 MOTION to Compel Responses to First Interrogatories and First Request for Production filed by Fiserv Inc, Fiserv Solutions Inc. (McDuffie, Elizabeth) (Entered: 02/28/2006)

Feb. 28, 2006

Feb. 28, 2006

21

REPLY to Response to Motion re 17 MOTION to Compel Responses to First Interrogatories and First Request for Production filed by Equal Employment Opportunity Commission. (Attachments: # 1 Affidavit Supplemental Declaration of Nancy Dean Edmonds# 2 Exhibit 1 to Suppl. Decl.# 3 Exhibit 2 to Suppl. Decl.# 4 Exhibit 3 to Suppl. Decl.# 5 Exhibit 4 to Supp. Decl.# 6 Exhibit 5 to Supp. Decl.# 7 Exhibit 6 to Supp. Decl.)(Edmonds, Nancy) (Entered: 03/08/2006)

March 8, 2006

March 8, 2006

22

MOTION for Hearing request on Plaintiff's Motion to Compel or In The Alternative to Allow Defendants an Opportunity to Submit a Response to Plaintiff's "Reply" by Fiserv Inc, Fiserv Solutions Inc. (McDuffie, Elizabeth) (Entered: 03/09/2006)

March 9, 2006

March 9, 2006

23

ORDER granting 22 Motion for Hearing. Telephonic Conference set for 3/29/2006 at 3:30 PM with Judge Neuchterlein. Signed by Judge Christopher A Nuechterlein on 3/10/06. (khr) (Entered: 03/10/2006)

March 10, 2006

March 10, 2006

24

MOTION to reset Telephonic Conference by Equal Employment Opportunity Commission. (Edmonds, Nancy) (Entered: 03/13/2006)

March 13, 2006

March 13, 2006

25

MOTION for Leave to File Motion for Hearing or in the alternative, to Allow Defendants an Opportunity to Respond to Plaintiffs' Reply by Fiserv Inc, Fiserv Solutions Inc. (McDuffie, Elizabeth) (Entered: 03/13/2006)

March 13, 2006

March 13, 2006

26

ORDER GRANTING 24 Motion to Reset Telephonic Conference and DENYING As Moot 25 Motion for Leave to File Motion for Hearing. Telephone Conference set for 3/22/2006 03:30 PM in South Bend before Magistrate Judge Christopher A Nuechterlein. Signed by Judge Christopher A Nuechterlein on 3/15/06. (khr) (Entered: 03/15/2006)

March 15, 2006

March 15, 2006

27

MOTION to Continue Hearing Date by Fiserv Inc, Fiserv Solutions Inc. (McDuffie, Elizabeth) (Entered: 03/17/2006)

March 17, 2006

March 17, 2006

28

ORDER GRANTING 27 Motion to Continue with telephonic conference to be held on 3/23/2006 at 03:30 PM at South Bend. Signed by Judge Christopher A Nuechterlein on 3/20/06. (khr) Modified on 3/21/2006 (smp). (Entered: 03/20/2006)

March 20, 2006

March 20, 2006

29

ORDER continuing telephonic conference on the Plaintiff's motion to compel and the Defendants objection. Hearing rescheduled on 4/12/06 at 11:00 a.m. (E.D.T.) in court in South Bend, Indiana with counsel required to attend. Signed by Judge Christopher A Nuechterlein on 3/23/06. (khr) Modified on 3/24/2006 (smp). (Entered: 03/23/2006)

March 23, 2006

March 23, 2006

30

MOTION HEARING held on 4/12/2006 re 17 MOTION to Compel Responses to First Interrogatories and First Request for Production filed by Equal Employment Opportunity Commission, before Judge Christopher A Nuechterlein. Plaintiffs appeared by attorneys Nancy Dean Edmonds. Defendants appeared by attorneys Elizabeth A McDuffie; James L Hough. Order to be entered. (Tape #FTR 4/12/2006.) (slm, ) (Entered: 04/12/2006)

April 12, 2006

April 12, 2006

31

SUPPLEMENT RESPONSE TO MOTION TO COMPEL HEARING HELD APRIL 12, 2006 filed by Fiserv Inc, Fiserv Solutions Inc. (McDuffie, Elizabeth) (Entered: 04/17/2006)

April 17, 2006

April 17, 2006

32

ORDER AND OPINION granting 17 Plaintiff's Motion to Compel. Plaintiff has until 4/28/06 to file a statement of its costs associated with the motion. Fiserv has until 5/5/06 to file objections to the statement and to serve Plaintiff with supplemental discovery responses conforming with this Court's order. Signed by Judge Christopher A Nuechterlein on 4/18/06. (khr) Modified on 4/18/2006 (khr).

April 18, 2006

April 18, 2006

RECAP
33

MOTION for Attorney Fees per 4/18/06 Order by Equal Employment Opportunity Commission. (Attachments: # 1 Affidavit of Nancy Dean Edmonds# 2 Affidavit Denise K. LaRue# 3 Affidavit Stephanie Longo# 4 Exhibit A to Longo Declaration)(Edmonds, Nancy) (Entered: 04/20/2006)

April 20, 2006

April 20, 2006

34

MOTION for Protective Order by Fiserv Inc, Fiserv Solutions Inc. (Attachments: # 1)(McDuffie, Elizabeth) (Entered: 04/28/2006)

April 28, 2006

April 28, 2006

35

MOTION for Extension of Time to File SUPPLMENTAL DISCOVERY RESPONSES by Fiserv Inc, Fiserv Solutions Inc. (McDuffie, Elizabeth) (Entered: 05/03/2006)

May 3, 2006

May 3, 2006

37

ORDER granting 35 Motion for Extension of Time to 5/11/06 to comply with 32 Court's order and serve the supplemental discovery responses . Signed by Judge Christopher A Nuechterlein on 5/8/06. (smp) Modified on 5/12/2006 (smp). (Entered: 05/11/2006)

May 8, 2006

May 8, 2006

38

ORDER granting 33 Motion for Attorney Fees. Defendants shall pay plaintiff $3,125.00 in attorney's fees and $110.36 in costs incurred in bringing the motion to compel by 6/8/06. Signed by Judge Christopher A Nuechterlein on 5/8/06. (smp) Modified on 5/12/2006 (smp). (Entered: 05/11/2006)

May 8, 2006

May 8, 2006

36

RESPONSE to Motion re 34 MOTION for Protective Order filed by Equal Employment Opportunity Commission. (Attachments: # 1 Affidavit of Nancy Dean Edmonds# 2 Exhibit 1 to Declaration# 3 Exhibit 2 to Declaration# 4 Exhibit 3 to Declaration# 5 Exhibit 4 to Declaration# 6 Exhibit 5 to Declaration# 7 Exhibit 6 to Declaration# 8 Exhibit 7 to Declaration)(Edmonds, Nancy) (Entered: 05/09/2006)

May 9, 2006

May 9, 2006

39

ORDER denying without prejudice 34 Motion for Protective Order . Defendants may refile their motion for a protective order in accordance with Seventh Circuit precedent. Signed by Judge Christopher A Nuechterlein on 5/11/06. (smp) (Entered: 05/12/2006)

May 11, 2006

May 11, 2006

40

MOTION for Extension of Time to File Expert Report by Equal Employment Opportunity Commission. (Edmonds, Nancy) (Entered: 05/16/2006)

May 16, 2006

May 16, 2006

41

ORDER granting 40 Motion for Extension of Time to File. Plaintiff expert reports to be delivered to the defendant by 7/31/2006. Defendants serve any responsive expert report by 8/30/2006. Signed by Judge Christopher A Nuechterlein on 5/16/06. (kds) (Entered: 05/17/2006)

May 16, 2006

May 16, 2006

42

Second MOTION for Protective Order by Fiserv Inc, Fiserv Solutions Inc. (Attachments: # 1)(McDuffie, Elizabeth) (Entered: 05/19/2006)

May 19, 2006

May 19, 2006

43

ORDER granting 42 Motion for Protective Order . Signed by Judge Christopher A Nuechterlein on 5/26/06. (kds) (Entered: 05/26/2006)

May 26, 2006

May 26, 2006

44

AGREED NOTICE to extend time to file discovery filed by Equal Employment Opportunity Commission; EEOC's Responses to Defendants' First Interrogatories and First REquest for Production to be filed by August 13, 2006. (Edmonds, Nancy) (Entered: 07/05/2006)

July 5, 2006

July 5, 2006

46

ORDER granting 45 Motion for Extension of Time to Complete Discovery. Discovery deadline is 11/30/2006. Defendant expert witness disclosures and reports to be delivered to the plainitff by 10/30/2006. Plaintiff expert witness disclosures and reports to be delivered to the defendant by 9/30/2006. Signed by Judge Christopher A Nuechterlein on 7/17/06. (kds) (Entered: 07/18/2006)

July 17, 2006

July 17, 2006

47

AGREED NOTICE to extend time to file discovery filed by Equal Employment Opportunity Commission, Fiserv Inc, Fiserv Solutions Inc; EEOC REsponses to dEfendants First Interrogatories and REquest for Production; Defendants' Responses to EEOC's Second Request for Production to be filed by 9/12/2006 and 9/16/2006. (Edmonds, Nancy) (Entered: 08/16/2006)

Aug. 16, 2006

Aug. 16, 2006

48

MOTION for Extension of Time to Complete Discovery Extend Discovery Deadlines by Equal Employment Opportunity Commission. (Edmonds, Nancy) (Entered: 10/03/2006)

Oct. 3, 2006

Oct. 3, 2006

49

MOTION for Extension of Time to File Dispositive Motion Deadline by Fiserv Inc, Fiserv Solutions Inc. (McDuffie, Elizabeth) (Entered: 10/06/2006)

Oct. 6, 2006

Oct. 6, 2006

50

AGREED NOTICE to extend time to file discovery filed by Equal Employment Opportunity Commission; EEOC's Responses to First Interrogatories/REquest for Production and Defendants' Responses to EEOC's Second REquest for Production to be filed by EEOC: 10/17/06; Defs. 10/23/06. (Edmonds, Nancy) (Entered: 10/10/2006)

Oct. 10, 2006

Oct. 10, 2006

51

ORDER granting 49 Motion for Extension of Time to File. Defendants dispositive motions to be filed by 12/14/2006. Signed by Judge Christopher A Nuechterlein on 10/10/06. (kds) (Entered: 10/12/2006)

Oct. 10, 2006

Oct. 10, 2006

52

Joint MOTION for Settlement and Entry of a Consent Decree by Fiserv Inc, Fiserv Solutions Inc. (Attachments: # 1 Consent Decree)(McDuffie, Elizabeth) (Entered: 10/18/2006)

Oct. 18, 2006

Oct. 18, 2006

53

CONSENT JUDGMENT in favor of plaintiff and against defendant in the amount of $175,725.00 with interest at the rate of 5.05%. Signed by Judge Allen Sharp on 10/24/06. (kds) (Entered: 10/25/2006)

Oct. 24, 2006

Oct. 24, 2006

54

MOTION FOR CLARIFICATION AND OTHER RELIEF by Fiserv Inc, Fiserv Solutions Inc. (Attachments: # 1 Exhibit A# 2 Exhibit B) (McDuffie, Elizabeth) (Entered: 10/27/2006)

Oct. 27, 2006

Oct. 27, 2006

55

RESPONSE to Motion re 54 MOTION FOR CLARIFICATION AND OTHER RELIEF filed by Equal Employment Opportunity Commission. (Edmonds, Nancy) (Entered: 11/01/2006)

Nov. 1, 2006

Nov. 1, 2006

56

Supplemental MOTION to Amend/Correct 54 MOTION FOR CLARIFICATION AND OTHER RELIEF by Fiserv Inc, Fiserv Solutions Inc. (Attachments: # 1 Exhibit A# 2 Exhibit B)(McDuffie, Elizabeth) (Entered: 11/13/2006)

Nov. 13, 2006

Nov. 13, 2006

57

ORDER granting 54 Motion for clarification and other relief in its entirety. Defendants' payment obligation under the Consent Decree has been stayed pending the entry of this order. The court retains jurisdiction to enforce the Consent Decree for a period of two years from 10/24/06. Signed by Judge Allen Sharp on 11/20/06. (jld) (Entered: 11/21/2006)

Nov. 20, 2006

Nov. 20, 2006

Case Details

State / Territory: Indiana

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 4, 2005

Closing Date: Oct. 24, 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Fiserv Solutions, Inc. (South Bend, IN), Private Entity/Person

Fiserv, Inc. (South Bend, IN), 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

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: 175725

Order Duration: 2006 - 2008

Content of Injunction:

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Monitoring

Issues

Discrimination-area:

Disparate Treatment

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Discrimination-basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits