Case: EEOC v. AIRBORNE EXPRESS

2:98-cv-01471 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: March 20, 1998

Closed Date: June 18, 1999

Clearinghouse coding complete

Case Summary

The Philadelphia Office of the EEOC filed this action in the U.S. District Court for the Eastern District of Pennsylvania. The Defendant was Airborne Express, shipper of personal and commercial goods. The controversy involved alleged harassment on the basis of race and retaliation by the defendant in violation of Title VII of the Civil Rights Act of 1964. The lawsuit was filed in March of 1998 and was resolved when the court dismissed the case with prejudice in June 1999 because the parties settled. The defendant filed numerous motions to compel discovery and the defendant filed a motion for summary judgment, which was not resolved. There is no information regarding the settlement or the details of the complaint.

Summary Authors

Kevin Wilemon (7/21/2007)

Documents in the Clearinghouse

Document

2:98-cv-01471

Docket (PACER)

Equal Employment v. Airborne Express

April 13, 2006

April 13, 2006

Docket
24

2:98-cv-01471

Memorandum Order

EEOC v. Airborne Express

Feb. 23, 1999

Feb. 23, 1999

Order/Opinion

1999 WL 1999

30

2:98-cv-01471

Memorandum Order

EEOC v. Airborne Exp.

April 20, 1999

April 20, 1999

Order/Opinion

1999 WL 1999

Resources

Docket

Last updated March 27, 2024, 3:19 a.m.

ECF Number Description Date Link Date / Link
1

Complaint. (aam) (Entered: 03/23/1998)

March 20, 1998

March 20, 1998

Summons(es) issued; 1 original mailed to: Counsel 3/20/98 (aam) (Entered: 03/23/1998)

March 20, 1998

March 20, 1998

Demand for jury trial by PLAINTIFF EQUAL EMPLOYMENT. (aam) (Entered: 03/23/1998)

March 20, 1998

March 20, 1998

Standard Case Management Track. (aam) (Entered: 03/23/1998)

March 20, 1998

March 20, 1998

2

Affidavit of: GERALD TAYLOR re: served summons and complaint upon JAMES POPE, PHILADELPHIA TERMINAL MANAGER, ON BEHALF OF DEFENDANT AIRBORNE EXPRESS . Served by: PERSONAL SERVICE on 3/31/98 . (jl) Modified on 04/08/1998 (Entered: 04/07/1998)

April 7, 1998

April 7, 1998

3

Appearance of SHARON M. ERWIN for DEFENDANT AIRBORNE EXPRESS; jury demand , Certificate of Service. (adr) (Entered: 04/15/1998)

April 15, 1998

April 15, 1998

4

Stipulation extending time to answer the complaint. Answer due on 5/1/98 for AIRBORNE EXPRESS , with Clerk's approval. (adr) (Entered: 04/17/1998)

April 16, 1998

April 16, 1998

5

Answer to Complaint by DEFENDANT AIRBORNE EXPRESS (Attorney SHARON M. ERWIN); jury demand , Certificate of Service. (adr) (Entered: 05/04/1998)

May 1, 1998

May 1, 1998

ISSUE JOINED. (adr) (Entered: 05/04/1998)

May 1, 1998

May 1, 1998

6

SCHEDULING ORDER SETTING TRIAL POOL DEADLINE FOR 3/1/99; DISCOVERY SHALL BE COMPLETED BY 1/20/99, ETC. IN THE EVENT A DEPOSITION IS TO BE OFFERED, THE OFFERING PARTY SHALL FILE WITH THE COURT, PRIOR TO THE COMMENCEMENT OF THE TRIAL, A COPY OF THE DEPOSITION TRANSCRIPT, ETC. ( SIGNED BY JUDGE JAY C. WALDMAN ) 6/4/98 ENTERED AND COPIES MAILED. (kw) (Entered: 06/04/1998)

June 3, 1998

June 3, 1998

7

MOTION by DEFENDANT AIRBORNE EXPRESS TO COMPEL UNTIMELY DISCOVERY RESPONSES AND SELF-EXECUTING DISCLOSURE , CERTIFICATE OF SERVICE. (adr) (Entered: 07/24/1998)

July 23, 1998

July 23, 1998

8

Letter to Judge Waldman from Shron M. Erwin, Esq. re: Deft Airborne Express withdraws motion to compel, etc. (mc) (Entered: 08/07/1998)

Aug. 6, 1998

Aug. 6, 1998

10

Notice by DEFENDANT AIRBORNE EXPRESS of withdrawal of Motion to Compel & Cert. of Service. (lm) (Entered: 08/14/1998)

Aug. 13, 1998

Aug. 13, 1998

11

MOTION by PLAINTIFF EQUAL EMPLOYMENT TO EXTEND TIME FOR EXTENSION OF TIME TO COMPLETE DISCOVERY AND RESCHEDULING OF TRIAL DATE , CERTIFICATE OF SERVICE. (adr) (Entered: 01/04/1999)

Dec. 31, 1998

Dec. 31, 1998

12

MOTION by PLAINTIFF EQUAL EMPLOYMENT FOR PROTECTIVE ORDER AGAINST DEFT'S DEPOSITION NOTICE OF EEOC PERSONNEL , MEMORANDUM. (adr) (Entered: 01/04/1999)

Dec. 31, 1998

Dec. 31, 1998

13

MOTION by DEFENDANT AIRBORNE EXPRESS TO COMPEL ANSWERS TO INTERROGATORIES AND PRODUCTION OF DOCUMENTS , MEMORANDUM, CERTIFICATE OF COUNSEL, CERTIFICATE OF SERVICE. (td) (Entered: 01/12/1999)

Jan. 11, 1999

Jan. 11, 1999

14

Response by DEFENDANT AIRBORNE EXPRESS to Plaintiff's MOTION FOR EXTENSION OF TIME, Certificate of Service. (jl) (Entered: 01/15/1999)

Jan. 14, 1999

Jan. 14, 1999

15

Response of Defendant Airborne Express to Plaintiff's Motion for Protective Order Against Defendant's Deposition Notice of EEOC Personnel, Certificate of Service. (dt) (Entered: 01/19/1999)

Jan. 15, 1999

Jan. 15, 1999

16

Memorandum of Law in Support of Opposition of Defendant Airborne Express to Plaintiff's Motion for Protective Order, Certificate of Service. (dt) (Entered: 01/19/1999)

Jan. 15, 1999

Jan. 15, 1999

17

MOTION by DEFENDANT AIRBORNE EXPRESS TO COMPEL , MEMORANDUM, CERTIFICATE OF COUNSEL, CERTIFICATE OF SERVICE. (fe) (Entered: 01/20/1999)

Jan. 19, 1999

Jan. 19, 1999

18

Supplemental Memorandum by DEFENDANT AIRBORNE EXPRESS in support of MOTION TO COMPEL and for Entry of Preclusion order, Certificate of Service. (np) (Entered: 02/01/1999)

Jan. 29, 1999

Jan. 29, 1999

19

Second supplemental Memorandum by DEFENDANT AIRBORNE EXPRESS in support of motions to compel, Certificate of Service. (adr) (Entered: 02/09/1999)

Feb. 8, 1999

Feb. 8, 1999

Request for sanctions by DEFENDANT AIRBORNE EXPRESS. (see paper #19) (adr) (Entered: 02/09/1999)

Feb. 8, 1999

Feb. 8, 1999

20

MOTION by DEFENDANT AIRBORNE EXPRESS FOR LEAVE TO IDENTIFY EXPERT WITNESS ,and/or SCHEDULE PSYCHIATRIC EXAMINTATION , MEMORANDUM, CERTIFICATE OF SERVICE. (jl) (Entered: 02/18/1999)

Feb. 17, 1999

Feb. 17, 1999

21

Response by PLAINTIFF EQUAL EMPLOYMENT in opposition to Defendant's MOTION TO COMPEL DISCOVERY AND REQUEST FOR THE IMPOSITION OF SANCTIONS , Certificate of Service. (jl) (Entered: 02/18/1999)

Feb. 17, 1999

Feb. 17, 1999

22

ORDER THAT DEFT'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS UPON WHICH DEPONENT QUESTIONED IS GRANTED IN PART IN THAT PLFF SHALL WITHIN 10 DAYS PRODUCE THE DOCUMENT OR DOCUMENTS FROM WHICH COUNSEL FOR PLFF WAS QUOTING DURING HIS DEPOSITION OF MR. SUTTON, OR IDENTIFY AND DESCRIBE SUCH DOCUMENT OR DOCUMENTS, AND SAID MOTION IS OTHERWISE DENIED. (SIGNED BY JUDGE JAY C. WALDMAN) 2/19/99 ENTERED AND COPIES MAILED. (adr) (Entered: 02/19/1999)

Feb. 19, 1999

Feb. 19, 1999

23

ORDER THAT PLFF'S MOTION FOR EXTENSION OF TIME TO COMPLETE DISCOVERY AND RESCHEDULING OF TRIAL DATE IS GRANTED IN THAT THE DISCOVERY DEADLINE IS EXTENDED TO 4/1/99 AND THE CASE WILL BE PLACED IN THE TRIAL POOL OF 6/1/99 . (SIGNED BY JUDGE JAY C. WALDMAN) 2/19/99 ENTERED AND COPIES MAILED. (adr) (Entered: 02/19/1999)

Feb. 19, 1999

Feb. 19, 1999

24

MEMORANDUM AND ORDER THAT PLFF EEOC'S MOTION FOR A PROTECTIVE ORDER IS DENIED WITHOUT PREJUDICE TO THE EEOC PROPERLY AND IN GOOD FAITH TO ASSERT ANY APPLICABLE PRIVILEGE IN RESPONSE TO PARTICULAR DEPOSITION QUESTIONS OR DOCUMENT REQUESTS. (SIGNED BY JUDGE JAY C. WALDMAN) 2/24/99 ENTERED AND COPIES MAILED. (adr) (Entered: 02/24/1999)

Feb. 23, 1999

Feb. 23, 1999

25

Praecipe by DEFENDANT AIRBORNE EXPRESS to withdraw motion for leave to identify expert witness and/or schedule psychiatric examination, certificate of service. (adr) (Entered: 03/01/1999)

Feb. 26, 1999

Feb. 26, 1999

26

Reply by DEFENDANT AIRBORNE EXPRESS to plff's response in opposition to deft's motion to compel discovery and for the imposition of sanctions, certificate of service. (adr) (Entered: 03/12/1999)

March 11, 1999

March 11, 1999

27

MOTION by DEFENDANT AIRBORNE EXPRESS TO COMPEL PRODUCTION OF WRONGFULLY WITHHELD DOCUMENT AND FOR SANCTIONS , MEMORANDUM, CERTIFICATE OF COUNSEL, CERTIFICATE OF SERVICE. (EXHIBIT FILED UNDER SEAL) (adr) Modified on 03/29/1999 (Entered: 03/29/1999)

March 26, 1999

March 26, 1999

28

Memorandum by PLAINTIFF EQUAL EMPLOYMENT in opposition to Defendant's MOTION TO COMPEL DISCOVERY AND REQUEST FOR SANCTIONS , Certificate of Service. (jl) (Entered: 04/08/1999)

April 5, 1999

April 5, 1999

29

ORDER THAT DEFT'S MOTION FOR LEAVE TO IDENTIFY EXPERT WITNESS AND/OR SCHEDULE PSYCHIATRIC EXAMINATION IS DENIED AS MOOT. (SIGNED BY JUDGE JAY C. WALDMAN) 4/15/99 ENTERED AND COPIES MAILED. (adr) (Entered: 04/15/1999)

April 15, 1999

April 15, 1999

30

MEMORANDUM AND ORDER THAT DEFT'S MOTION TO COMPEL DISCOVERY AND FOR SANCTIONS IS GRANTED IN PART IN THAT WITHIN 7 DAYS PLFF SHALL PRODUCE TO DEFT A COPY OF THE PORTION OF THE NOTES OF MR. WILKINS WHICH PURPORTS TO DESCRIBE ANY INCIDENTS OF DISCRIMINATORY COMMENTS, ETC., AND SAID MOTION IS OTHERWISE DENIED. (SIGNED BY JUDGE JAY C. WALDMAN) 4/21/99 ENTERED AND COPIES MAILED. (adr) (Entered: 04/21/1999)

April 20, 1999

April 20, 1999

31

Plaintiff's Pretrial Memorandum. (adr) (Entered: 05/04/1999)

May 3, 1999

May 3, 1999

32

Defendant's Pretrial Memorandum, Certificate of Service. (adr) (Entered: 05/12/1999)

May 11, 1999

May 11, 1999

33

MOTION by DEFENDANT AIRBORNE EXPRESS FOR SUMMARY JUDGMENT , MEMORANDUM, CERTIFICATE OF SERVICE, APPENDIX. (jl) (Entered: 05/17/1999)

May 14, 1999

May 14, 1999

34

ORDER THAT DEFT'S MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND PRODUCTION OF DOCUMENTS IS DENIED AS MOOT WITHOUT PREJUDICE, ETC. (SIGNED BY JUDGE JAY C. WALDMAN) 5/20/99 ENTERED AND COPIES MAILED. (adr) (Entered: 05/20/1999)

May 20, 1999

May 20, 1999

35

MOTION by DEFENDANT AIRBORNE EXPRESS TO EXTEND TIME TO RESPOND TO DEFT'S MOTION FOR SUMMARY JUDGMENT , CERTIFICATE OF SERVICE. (adr) Modified on 05/27/1999 (Entered: 05/25/1999)

May 24, 1999

May 24, 1999

36

Requested Voir dire questions by DEFENDANT AIRBORNE EXPRESS Certificate of Service. (adr) (Entered: 05/26/1999)

May 25, 1999

May 25, 1999

37

Proposed Points for Charge by DEFENDANT AIRBORNE EXPRESS Certificate of Service. (adr) (Entered: 05/26/1999)

May 25, 1999

May 25, 1999

38

Response by DEFENDANT AIRBORNE EXPRESS to plff's MOTION for extension of TIME TO RESPOND TO DEFT'S MOTION FOR SUMMARY JUDGMENT, Certificate of Service. (adr) (Entered: 05/26/1999)

May 25, 1999

May 25, 1999

39

ORDER THAT PLFF'S MOTION TO EXTEND TIME TO RESPOND TO DEFT'S MOTION FOR SUMMARY JUDGMENT IS GRANTED IN THAT PLFF SHALL HAVE UNTIL 6/11/99 TO RESPOND TO DEFT'S MOTION FOR SUMMARY JUDGMENT . (SIGNED BY JUDGE JAY C. WALDMAN) 5/27/99 ENTERED AND COPIES MAILED. (adr) (Entered: 05/27/1999)

May 27, 1999

May 27, 1999

40

MOTION by DEFENDANT AIRBORNE EXPRESS IN LIMINE TO PRECLUDE EVIDENCE OF ALLEGED EMOTIONAL DISTRESS AND/OR PSYCHOLOGICAL DISORDER , MEMORANDUM, CERTIFICATE OF SERVICE. (adr) (Entered: 05/28/1999)

May 27, 1999

May 27, 1999

41

MOTION by PLAINTIFF EQUAL EMPLOYMENT REQUESTING 60-DAY ORDER , CERTIFICATE OF SERVICE. (np) (Entered: 06/09/1999)

June 9, 1999

June 9, 1999

42

Notice of withdrawal of motion requesting 60 day order by PLAINTIFF EQUAL EMPLOYMENT, certificate of service. (adr) (Entered: 06/10/1999)

June 10, 1999

June 10, 1999

43

ORDER THAT PLFF'S MOTION REQUESTIG 60 DAY ORDER IS DENIED AS MOOT; AND, THE DATE BY WHICH PLFF SHALL FILE ANY RESPONSE TO DEFT'S OUTSTANDING SUMMARY JUDGMENT MOTION IS EXTENDED FOR A FINAL TIME TO 6/18/99 . (SIGNED BY JUDGE JAY C. WALDMAN) 6/11/99 ENTERED AND COPIES MAILED; COPIES FAXED FROM CHAMBERS. (adr) (Entered: 06/11/1999)

June 11, 1999

June 11, 1999

44

Letter dated 6/10/99 from Brian Rhodes to Judge Waldman re: withdrawal of motion requesting 60 day order. (adr) (Entered: 06/11/1999)

June 11, 1999

June 11, 1999

45

Letter dated 6/10/99 from Brian Rhodes to Judge Waldman re: addendum to the Commission's Notice of withdrawal of motion requesting 60 day order. (adr) (Entered: 06/11/1999)

June 11, 1999

June 11, 1999

46

Letter dated 6/14/99 from Brian Rhodes, Esq. to Judge Waldman re: deposition of Rodney Wilkins. (adr) (Entered: 06/18/1999)

June 18, 1999

June 18, 1999

47

ORDER DISMISSING ACTION WITH PREJUDICE PURSUANT TO LOCAL RULE 41.1(b). SIGNED BY JUDGE JAY C. WALDMAN 6/18/99 ENTERED AND COPIES MAILED. (adr) (Entered: 06/18/1999)

June 18, 1999

June 18, 1999

Case closed (kv) (Entered: 06/29/1999)

June 18, 1999

June 18, 1999

48

Notice to Counsel re: Local Rule 5.1.5. (sc, ) (Entered: 12/21/2005)

Dec. 21, 2005

Dec. 21, 2005

Document No. 27 unsealed pursuant to LRCP 5.1.5. (td) (Entered: 04/13/2006)

April 13, 2006

April 13, 2006

Case Details

State / Territory: Pennsylvania

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: March 20, 1998

Closing Date: June 18, 1999

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

Airborne Express, Private Entity/Person

Case Details

Causes of Action:

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

Available Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Issues

General:

Retaliation

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Race discrimination

Race:

Race, unspecified

EEOC-centric:

Direct Suit on Merits