Case: EEOC v. Overnite Transportation, Inc.

2:02-cv-00591 | U.S. District Court for the Southern District of Ohio

Filed Date: June 12, 2002

Closed Date: April 14, 2010

Clearinghouse coding complete

Case Summary

The Cleveland district office of the EEOC brought this suit against Overnite Transportation Company, a major transportation company, in June 2002, in the U.S. District Court for the Southern District of Ohio. The complaint alleged that Overnite refused to hire qualified individuals due to their epilepsy in violation of the Americans with Disabilities Act. The defendant filed a motion for summary judgment in April 2004 and the EEOC filed a motion for partial summary judgment that same month. …

The Cleveland district office of the EEOC brought this suit against Overnite Transportation Company, a major transportation company, in June 2002, in the U.S. District Court for the Southern District of Ohio. The complaint alleged that Overnite refused to hire qualified individuals due to their epilepsy in violation of the Americans with Disabilities Act. The defendant filed a motion for summary judgment in April 2004 and the EEOC filed a motion for partial summary judgment that same month. In July of 2006 the defendant's motion was granted in part and denied in part and the EEOC's motion was denied. The parties settled in April 2008 by entry of a consent decree.

The consent decree, which has duration of two years, requires defendant to refrain from discriminating and to post a notice regarding this suit. It required the defendant to conduct training for its Regional Human Resources staff responsible for the Columbus and Memphis facilities, where the discrimination was alleged to occur, and to report on this training to the EEOC. If the EEOC has reasonable cause to believe that the defendant has violated any term of the decree, it is to notify the defendant who will then have ten days to remedy the breach. Finally, the defendant agreed to pay a total of $110,000.00 to two complainants who will then waive their claims against the defendant. The docket sheet doesn't show any further enforcement took place; the case was presumably closed in 2010.

Summary Authors

Shankar Viswanathan (5/28/2008)

Clearinghouse (6/11/2017)

Documents in the Clearinghouse

Document

2:02-cv-00591

Docket (PACER)

EEOC v. Overnite Transp

April 14, 2008

April 14, 2008

Docket
1

2:02-cv-00591

Complaint

EEOC v. Overnite Transportation Company

June 12, 2002

June 12, 2002

Complaint
15

2:02-cv-00591

Amended Complaint

EEOC v. Overnite Transportation Company

April 21, 2003

April 21, 2003

Complaint
91

2:02-cv-00591

Opinion and Order [re: Summary Judgment]

EEOC v. Overnite Transportation Company

July 5, 2006

July 5, 2006

Order/Opinion

2006 WL 2006

97

2:02-cv-00591

Consent Decree

EEOC v. Overnite Transportation Company

April 14, 2008

April 14, 2008

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4775060/eeoc-v-overnite-transp/

Last updated Jan. 26, 2024, 3 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (referred to Mag. Judge Mark R. Abel ) (Entered: 06/14/2002)

June 12, 2002

June 12, 2002

2

STATUS REPORT by defendant Overnite Transp, plaintiff EEOC ( no pgs: 2) (sh) (Entered: 10/11/2002)

Oct. 10, 2002

Oct. 10, 2002

3

ANSWER by defendant () (bw) (Entered: 10/22/2002)

Oct. 18, 2002

Oct. 18, 2002

4

MOTION by defendant for admission of attorneys Stewart and Grytdahl to appear pro hac vice ( no pgs: ) (bw) Modified on 04/15/2003 (Entered: 10/23/2002)

Oct. 22, 2002

Oct. 22, 2002

Attorney Filing Fee for Stewart and Grytdahl Paid: on 10/22/02 in the amount of $ 100.00, receipt # 146959. (bw) (Entered: 10/23/2002)

Oct. 22, 2002

Oct. 22, 2002

5

NOTICE setting this action for Preliminary PTC 10:00 12/20/02 (cc: all counsel) (bw) (Entered: 10/25/2002)

Oct. 25, 2002

Oct. 25, 2002

6

NOTICE rescheduling the Preliminary PTC to 10:30 1/17/03 (cc: all counsel) (bw) (Entered: 11/13/2002)

Nov. 13, 2002

Nov. 13, 2002

7

Rule 26(f) Report of parties to Magistrate Judge (bw) (Entered: 12/26/2002)

Dec. 20, 2002

Dec. 20, 2002

9

PRELIMINARY PRETRIAL ORDER by Mag. Judge Mark R. Abel ; Preliminary pretrial conf was held on 1/17/03 a status report is due on 6-14-03 any motion to amend due by 3-1-03. () (cc: all counsel) (bw) (Entered: 01/23/2003)

Jan. 22, 2003

Jan. 22, 2003

10

MOTION by plaintiff for leave to file and amended complaint () (bw) (Entered: 03/05/2003)

March 5, 2003

March 5, 2003

11

ANSWER by defendant to the amended complaint (bw) (Entered: 03/18/2003)

March 17, 2003

March 17, 2003

12

ORDER by Judge James L. Graham granting defts motion for admission of attorneys Stewart and Grytdahl to appear pro hac vice [4-1] (cc: all counsel) ( no pgs: 1) (bw) (Entered: 04/16/2003)

April 16, 2003

April 16, 2003

13

ATTORNEY APPEARANCE co-counsel Louise Brock for defendant (bw) (Entered: 04/17/2003)

April 16, 2003

April 16, 2003

14

ORDER by Mag. Judge Mark R. Abel granting motion for leave to file and amended complaint [10-1] and deft answered on 3-17-03. (cc: all counsel) (bw) (Entered: 04/21/2003)

April 18, 2003

April 18, 2003

15

AMENDED COMPLAINT by plaintiff EEOC; jury demand (bw) (Entered: 04/21/2003)

April 21, 2003

April 21, 2003

16

STATUS REPORT by defendant Overnite Transp, plaintiff EEOC ( no pgs: 4) (pl) (Entered: 06/17/2003)

June 16, 2003

June 16, 2003

17

AMENDED STATUS REPORT by defendant Overnite Transp, plaintiff EEOC no pgs: 4) (pl) (Entered: 06/25/2003)

June 23, 2003

June 23, 2003

18

ORDER by Mag. Judge Mark R. Abel Trial rescheduled for 9:00 on 7/19/04, Final pretrial conf rescheduled to 9:30 on 6/15/04, Discovery ddl set on 11/30/03 and Mtn filing ddl set on 1/26/04 (cc: all counsel) ( no pgs: 2) (Entered: 07/02/2003)

July 1, 2003

July 1, 2003

19

MOTION by plaintiff to extend deadlines set in the 7-1-03 scheduling order () (bw) (Entered: 08/27/2003)

Aug. 25, 2003

Aug. 25, 2003

20

ORDER granting 19 Joint Motion to Extend certain deadlines set by 7/1/03 Amended Scheduling Order. The time for completing all non-expert discovery regarding Jeff Bowman's claim must be completed on or before October 31, 2003. Experts must be identified no later than September 20, 2003. Rule 26 (a)(2) expert disclosures must be made on or before October 30, 2003.. Signed by Judge Mark R. Abel on 9/8/03. (tto, ) (Entered: 09/08/2003)

Sept. 8, 2003

Sept. 8, 2003

21

MOTION by plaintiff for global extension of deadlines set in the 7-1-03 amended scheduling order. (bw) (Entered: 09/19/2003)

Sept. 17, 2003

Sept. 17, 2003

22

NOTICE by Defendant Overnite Transportation Company of disclosure of expert witnesses (bw) (Entered: 09/25/2003)

Sept. 24, 2003

Sept. 24, 2003

23

ORDER granting to the following extent 21 plaintiff EEOC's 9/17/03 Motion for Extension of the deadlines set in the 7/1/03 Amended Scheduling Order, except for the final pretrial conference and trial dates. All discovery must be completed by 1/16/04. Case-dispositive motions due 2/27/04. . Signed by Judge Mark R. Abel on 10/14/03. (tto, ) (Entered: 10/14/2003)

Oct. 14, 2003

Oct. 14, 2003

24

NOTATION ORDER The Final Pretrial date in the 10/14/03 Order, document #23 is incorrect. The correct date of the Final Pretrial Conference should be 6/15/04 . Signed by Judge Mark R. Abel on 10/21/03. (tto, ) (Entered: 10/21/2003)

Oct. 21, 2003

Oct. 21, 2003

25

Joint MOTION for Extension of Time to File by Plaintiff Equal Employment Opportunity Commission, Defendant Overnite Transportation Company. (McMillan, Solvita) (Entered: 02/20/2004)

Feb. 20, 2004

Feb. 20, 2004

26

ORDER Granting 25 Joint Motion for Extension of Time to File dispositive motions. Motions due 3/15/04. Signed by Judge Mark R. Abel on 2/26/04. (tto, ) (Entered: 02/26/2004)

Feb. 26, 2004

Feb. 26, 2004

27

MOTION for Leave to File Excess Pages by Plaintiff Equal Employment Opportunity Commission. (McMillan, Solvita) (Entered: 03/03/2004)

March 3, 2004

March 3, 2004

28

ORDER Granting 27 Plaintiff's Motion for Leave to File its summary judgment memorandum in excess of twenty pages. Signed by Judge Norah McCann King on 3/15/04. (tto, ) (Entered: 03/15/2004)

March 15, 2004

March 15, 2004

29

MOTION in Limine to Exclude Testimony of Regis C. Worley, Jr. by Defendant Overnite Transportation Company. (Attachments: # 1 Exhibit A: Phelan case)(Roesch, Charles) (Entered: 03/15/2004)

March 15, 2004

March 15, 2004

30

MOTION for Summary Judgment by Defendant Overnite Transportation Company. Responses due by 4/8/2004 (Attachments: # 1 Affidavit Exhibit A: Thomas Affidavit# 2 Exhibit B: Coen case# 3 Exhibit C: Webster case# 4 Exhibit D: Schuler Dist. Ct. Case# 5 Exhibit E: Schuler App. Ct. Case)(Roesch, Charles) (Entered: 03/15/2004)

March 15, 2004

March 15, 2004

31

MOTION for Summary Judgment and Memorandum in Support of Motion for Partial Summary Judgment by Plaintiff Equal Employment Opportunity Commission. Responses due by 4/8/2004 (Attachments: # 1 Appendix)(McMillan, Solvita) (Entered: 03/15/2004)

March 15, 2004

March 15, 2004

32

AFFIDAVIT re 31 MOTION for Summary Judgment and Memorandum in Support of Motion for Partial Summary Judgment by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Affidavit Personen Declaration Part 2# 2 Affidavit Personen Declaration part 3)(McMillan, Solvita) (Entered: 03/15/2004)

March 15, 2004

March 15, 2004

33

DEPOSITION of Thomas A. Blackstock, Jr. by Plaintiff Equal Employment Opportunity Commission and Defendant Overnite Transportation Company.(McMillan, Solvita) Modified on 3/16/2004 (bw). (Entered: 03/16/2004)

March 16, 2004

March 16, 2004

34

DEPOSITION of Philip A. Bowen by Plaintiff Equal Employment Opportunity Commission and Defendant Overnite Transportation Company. (McMillan, Solvita) Modified on 3/16/2004 (bw, ). (Entered: 03/16/2004)

March 16, 2004

March 16, 2004

35

DEPOSITION of Jeffery Bowman filed by Plaintiff Equal Employment Opportunity Commission and Defendant Overnite Transportation Company. (Attachments: # 1 Jeffery Bowman Dep. Part 2)(McMillan, Solvita) Modified on 3/16/2004 (bw) (Entered: 03/16/2004)

March 16, 2004

March 16, 2004

37

DEPOSITION of John G. Cametas, M.D. by Plaintiff Equal Employment Opportunity Commission and Defendant Overnite Transportation Company. (Attachments: # 1 John Cametas, M.D. Dep. Part 2)(McMillan, Solvita) Modified on 3/16/2004 (bw, ). (Entered: 03/16/2004)

March 16, 2004

March 16, 2004

38

DEPOSITION of Tim Caryle by Plaintiff Equal Employment Opportunity Commission, Defendant Overnite Transportation Company.(McMillan, Solvita) Modified on 3/16/2004 (bw, ). (Entered: 03/16/2004)

March 16, 2004

March 16, 2004

39

DEPOSITION of H. Frank Entwisle, P.E. by Plaintiff Equal Employment Opportunity Commission, Defendant Overnite Transportation Company.(McMillan, Solvita) Modified on 3/16/2004 (bw). (Entered: 03/16/2004)

March 16, 2004

March 16, 2004

40

DEPOSITION of James S. Grisolia, M.D. by Plaintiff Equal Employment Opportunity Commission, Defendant Overnite Transportation Company. (Attachments: # 1 James Grisolia, M.D. Dep.Part 1)(McMillan, Solvita) Modified on 3/16/2004 (bw). (Entered: 03/16/2004)

March 16, 2004

March 16, 2004

41

DEPOSITION of Pamela Lewis by Plaintiff Equal Employment Opportunity Commission, Defendant Overnite Transportation Company.(McMillan, Solvita) Modified on 3/16/2004 (bw, ). (Entered: 03/16/2004)

March 16, 2004

March 16, 2004

42

DEPOSITION of Michael D. Privitera, M.D. by Plaintiff Equal Employment Opportunity Commission, Defendant Overnite Transportation Company. (Attachments: # 1 Michael D. Privitera, M.D. Dep. Part 1)(McMillan, Solvita) Modified on 3/16/2004 (bw, ). (Entered: 03/16/2004)

March 16, 2004

March 16, 2004

43

DEPOSITION of John Reed taken on October 29, 2003 by Plaintiff Equal Employment Opportunity Commission, Defendant Overnite Transportation Company.(McMillan, Solvita) (Entered: 03/16/2004)

March 16, 2004

March 16, 2004

44

DEPOSITION of Carol Silvania taken on October 29, 2003 by Plaintiff Equal Employment Opportunity Commission, Defendant Overnite Transportation Company.(McMillan, Solvita) (Entered: 03/16/2004)

March 16, 2004

March 16, 2004

45

DEPOSITION of Jeremy Smith taken on November 25, 2003 by Plaintiff Equal Employment Opportunity Commission, Defendant Overnite Transportation Company.(McMillan, Solvita) (Entered: 03/16/2004)

March 16, 2004

March 16, 2004

46

DEPOSITION of John A. Spindler taken on January 27, 2004 by Plaintiff Equal Employment Opportunity Commission, Defendant Overnite Transportation Company. (Attachments: # 1)(McMillan, Solvita) (Entered: 03/16/2004)

March 16, 2004

March 16, 2004

47

DEPOSITION of Kenneth Thomas taken on May 20, 2003 by Plaintiff Equal Employment Opportunity Commission, Defendant Overnite Transportation Company.(McMillan, Solvita) (Entered: 03/16/2004)

March 16, 2004

March 16, 2004

48

DEPOSITION of Regis Worley, Jr. taken on December 18, 2003 by Plaintiff Equal Employment Opportunity Commission, Defendant Overnite Transportation Company. (Attachments: # 1)(McMillan, Solvita) (Entered: 03/16/2004)

March 16, 2004

March 16, 2004

50

AFFIDAVIT of James R Neely, Jr. re 31 MOTION for Summary Judgment and Memorandum in Support of Motion for Partial Summary Judgment by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1)(McMillan, Solvita) Modified on 3/16/2004 (bw, ). (Entered: 03/16/2004)

March 16, 2004

March 16, 2004

51

Joint MOTION for Extension of Time to File Response/Reply by Plaintiff Equal Employment Opportunity Commission, Defendant Overnite Transportation Company. (McMillan, Solvita) (Entered: 03/26/2004)

March 26, 2004

March 26, 2004

52

NOTICE of Final Pretrial Conference set for 6/18/2004 @9:30 AM before James L Graham and Jury Trial set for 7/19/2004 @9:00 AM in Courtroom 5 before James L Graham. (Attachments: # 1 # 2)(bw) (Entered: 04/01/2004)

April 1, 2004

April 1, 2004

53

ORDER Granting 51 Motion for Extend the time for responding to certain motions. Plaintiff EEOC memorandum in opposition to defendant Overnite Transportation Company's motion for summary judgment and defendant Overnite's memorandum in opposition to the EEOC's motion for partial summary judgment must both be filed by by 4/12/2004. The EEOC's memorandum in opposition to Overnite's motion in limine to exclude the testimony of Regis C. Worley, Jr. must be filed by 4/19/04. Signed by Judge Mark R. Abel on 3/31/04. (tto, ) (Entered: 04/01/2004)

April 1, 2004

April 1, 2004

54

MOTION for Leave to File Excess Pages Plaintiff's Memorandum in Opposition to Defendant's Motion for Summary Judgment by Plaintiff Equal Employment Opportunity Commission. (McMillan, Solvita) (Entered: 04/09/2004)

April 9, 2004

April 9, 2004

55

ORDER Granting 54 Plaintiff's Motion for Leave to File Excess Pages in their Memorandum Opposition to Defendant's Motion for Summary Judgment. Signed by Judge Mark R. Abel on 4/9/04. (tto, ) (Entered: 04/12/2004)

April 12, 2004

April 12, 2004

56

RESPONSE in Opposition re 31 MOTION for Summary Judgment and Memorandum in Support of Motion for Partial Summary Judgment filed by Defendant Overnite Transportation Company. (Roesch, Charles) (Entered: 04/12/2004)

April 12, 2004

April 12, 2004

57

RESPONSE in Opposition re 30 MOTION for Summary Judgment Plaintiff EEOC's Memorandum in Opposition to Defendant Overnite Transportation Company's Motion for Summary Judgment filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Affidavit Affidavit of John D. Sargent in Support of Plaintiff EEOC's Memorandum in Opposition to Defendant Overnite Transportation Company's Motion for Summary Judgment# 2 Supplement unpublished opinion)(McMillan, Solvita) (Entered: 04/12/2004)

April 12, 2004

April 12, 2004

58

RESPONSE in Opposition re 29 MOTION in Limine to Exclude Testimony of Regis C. Worley, Jr. Memorandum in Opposition to Defendant Overnite Transportation Company's Motion in Limine filed by Plaintiff Equal Employment Opportunity Commission. (McMillan, Solvita) (Entered: 04/19/2004)

April 19, 2004

April 19, 2004

59

REPLY to Response to Motion re 30 MOTION for Summary Judgment filed by Defendant Overnite Transportation Company. (Brock, Louise) (Entered: 04/26/2004)

April 26, 2004

April 26, 2004

61

RESPONSE in Support re 31 MOTION for Summary Judgment and Memorandum in Support of Motion for Partial Summary Judgment Plaintiff EEOC's Reply Memorandum in Support of Its Motion for Partial Summary Judgment filed by Plaintiff Equal Employment Opportunity Commission. (McMillan, Solvita) (Entered: 04/26/2004)

April 26, 2004

April 26, 2004

62

ORDER Granting 60 Plaintiff's Motion for Leave to File Reply Memorandum in Support of Plaintiff's Motion for Partial Summary Judgment in Excess of twenty Pages . Signed by Judge Mark R. Abel on 4/27/04. (tto, ) (Entered: 04/28/2004)

April 28, 2004

April 28, 2004

63

RESPONSE in Support re 29 MOTION in Limine to Exclude Testimony of Regis C. Worley, Jr. filed by Defendant Overnite Transportation Company. (Roesch, Charles) (Entered: 04/30/2004)

April 30, 2004

April 30, 2004

64

MOTION to Continue Trial Date by Plaintiff Equal Employment Opportunity Commission. (McMillan, Solvita) (Entered: 06/07/2004)

June 7, 2004

June 7, 2004

65

MOTION in Limine to Exclude Testimony of H. Frank Entwisle by Plaintiff Equal Employment Opportunity Commission. (McMillan, Solvita) (Entered: 06/07/2004)

June 7, 2004

June 7, 2004

66

NOTICE of Appearance by Solvita A McMillan Plaintiff Equal Employment Opportunity Commission (McMillan, Solvita) (Entered: 06/09/2004)

June 9, 2004

June 9, 2004

67

ORDER granting 64 Motion to Continue the trial. The FPT is continued to September 17,2004 at 11:00 a.m. and the trial is continued to October 25, 2004, at 9:00 a.m. Signed by Judge James L Graham on 6/9/2004. (bw) (Entered: 06/10/2004)

June 10, 2004

June 10, 2004

68

MOTION for Leave to File Additional Authority in Support of Motion for Summary Judgment by Defendant Overnite Transportation Company. (Attachments: # 1 Exhibit Mohr Case)(Brock, Louise) (Entered: 06/14/2004)

June 14, 2004

June 14, 2004

69

RESPONSE in Opposition re 65 MOTION in Limine to Exclude Testimony of H. Frank Entwisle filed by Defendant Overnite Transportation Company. (Attachments: # 1 Exhibit Lichtenstein Case)(Brock, Louise) (Entered: 06/28/2004)

June 28, 2004

June 28, 2004

70

RESPONSE in Opposition re 68 MOTION for Leave to File Additional Authority in Support of Motion for Summary Judgment filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit EEOC v. Watkins Motor Lines, June 15, 2004 Report and Recommendation# 2 Exhibit Mohr v. Hoover)(McMillan, Solvita) (Entered: 07/07/2004)

July 7, 2004

July 7, 2004

71

REPLY to Response to Motion re 68 MOTION for Leave to File Additional Authority in Support of Motion for Summary Judgment filed by Defendant Overnite Transportation Company. (Roesch, Charles) (Entered: 07/12/2004)

July 12, 2004

July 12, 2004

72

REPLY to Response to Motion re 65 MOTION in Limine to Exclude Testimony of H. Frank Entwisle filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit # 2 Exhibit)(McMillan, Solvita) (Entered: 07/12/2004)

July 12, 2004

July 12, 2004

73

MOTION for Leave to File Additional Authority by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Bouchard-v-AHP)(McMillan, Solvita) (Entered: 08/06/2004)

Aug. 6, 2004

Aug. 6, 2004

75

REPLY to Response to Motion re 73 MOTION for Leave to File Additional Authority filed by Plaintiff Equal Employment Opportunity Commission. (McMillan, Solvita) (Entered: 08/24/2004)

Aug. 24, 2004

Aug. 24, 2004

76

Proposed Pretrial Order by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Joint# 2 Exhibit Plaintiff's# 3 Exhibit Defendant's)(McMillan, Solvita) (Entered: 09/14/2004)

Sept. 14, 2004

Sept. 14, 2004

77

ORDER continuing final pretrial date of September 17, 2004, and trial date of October 25, 2004, until decision on the motions for summary judgment still pending.Signed by Judge James L Graham on 09-16-04. (ws) (Entered: 09/16/2004)

Sept. 16, 2004

Sept. 16, 2004

78

ORDER REASSIGNING CASE to Judge Michael H. Watson for all further proceedings. Judge James L Graham no longer assigned to case. Signed by Judge James L Graham on 10/4/2004. (bw) (Entered: 10/06/2004)

Oct. 6, 2004

Oct. 6, 2004

79

ORDER to file status report. Signed by Judge Michael H. Watson on 10/15/04. (mhw1,dtg) (Entered: 10/15/2004)

Oct. 15, 2004

Oct. 15, 2004

80

STATUS REPORT JOINT by Plaintiff Equal Employment Opportunity Commission. (McMillan, Solvita) (Entered: 10/25/2004)

Oct. 25, 2004

Oct. 25, 2004

81

NOTICE by Defendant Overnite Transportation Company of Robert L. Stewart's Withdrawal as Counsel (Brock, Louise) (Entered: 02/23/2005)

Feb. 23, 2005

Feb. 23, 2005

82

ORDER granting 73 Plaintiff's Motion for Leave to File additional authority in support of its motion in limine. Signed by Judge Mark R. Abel on 3/30/05. (jk) (Entered: 03/30/2005)

March 30, 2005

March 30, 2005

83

ORDER granting 68 Defendant's Motion for Leave to File additional authority in support of its motion for summary judgment and in opposition to Plaintiff's motion for partial summary judgment. Signed by Judge Mark R. Abel on 3/30/05. (jk) (Entered: 03/30/2005)

March 30, 2005

March 30, 2005

84

NOTICE of Hearing: Scheduling Conference set for 7/8/2005 at 01:30 PM in Room 322 before Michael H. Watson. (ba, ) (Entered: 05/17/2005)

May 17, 2005

May 17, 2005

85

ORDER re 84 Notice of Hearing Scheduling Conference set for 7/8/2005 has been reset to 7/20/2005 at 01:30 PM before Michael H. Watson. (ba, ) (Entered: 05/26/2005)

May 26, 2005

May 26, 2005

86

Mail Returned as Undeliverable (doc. 84). Mail sent to Jay J. Grytdahl (ph, ) (Entered: 05/31/2005)

May 26, 2005

May 26, 2005

87

Minute Entry for proceedings held before Judge Michael H. Watson : Scheduling Conference held on 7/20/2005. Court to rule on pending motions prior to setting a trial schedule; This matter to be referred for mediation prior to trial; calendar order to follow (ba, ) (Entered: 07/20/2005)

July 20, 2005

July 20, 2005

88

MOTION for Leave to File Additional Authority by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Rodriguez-v-ConAgra)(McMillan, Solvita) (Entered: 05/26/2006)

May 26, 2006

May 26, 2006

90

ORDER granting 88 Motion for Leave to File. Signed by Judge Michael H. Watson on 6/20/2006. (kw, ) (Entered: 06/20/2006)

June 20, 2006

June 20, 2006

91

ORDER taking under advisement 29 and 65 parties' Motions in Limine, granting in part and denying in part 30 Defendant's Motion for Summary Judgment, denying 31 Plaintiff's Motion for Partial Summary Judgment. Signed by Judge Michael H. Watson on 7/5/2006. (kw, ) (Entered: 07/05/2006)

July 5, 2006

July 5, 2006

92

ORDER denying Defendant's 29 Motion in Limine and denying Plaintiff's 65 Motion in Limine. Signed by Judge Michael H. Watson on 4/27/2007. (kw)

April 27, 2007

April 27, 2007

RECAP
93

SCHEDULING ORDER: Settlement Conference set for 2/5/2008 at 10:00 a.m.; Final Pretrial Conference set for 3/4/2008 at 10:00 a.m.; and Jury Trial set for 3/31/2008 at 9:30 a.m. before Judge Michael H. Watson. Signed by Judge Michael H. Watson on 9/28/2007. (kw) (Entered: 09/28/2007)

Sept. 28, 2007

Sept. 28, 2007

94

Joint MOTION for Extension of Time New date requested 2/19/2008. by Defendant Overnite Transportation Company. (Brock, Louise) (Entered: 02/08/2008)

Feb. 8, 2008

Feb. 8, 2008

95

ORDER granting 94 Motion for Extension of Time. The parties shall have until 2/19/08 to submit statement of witnesses, designation of deposition portions, exhibit lists, exchange of proposed jury instructions, and pretrial motions. Signed by Mark R. Abel on 2/11/08. (jcw) (Entered: 02/11/2008)

Feb. 11, 2008

Feb. 11, 2008

96

Joint MOTION to Approve Consent Judgment by Plaintiff Equal Employment Opportunity Commission, Defendant Overnite Transportation Company. (Attachments: # 1 Proposed Consent Decree) (Roesch, Charles) (Entered: 02/29/2008)

Feb. 29, 2008

Feb. 29, 2008

97

CONSENT DECREE. Signed by Judge Michael H. Watson on 4/14/08. (jk) (Entered: 04/14/2008)

April 14, 2008

April 14, 2008

Case Details

State / Territory: Ohio

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: June 12, 2002

Closing Date: April 14, 2010

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

Overnite Transportation Company (Columbus, Memphis), 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

Any published opinion

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: 110000

Order Duration: 2008 - 2010

Content of Injunction:

Discrimination Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Issues

Discrimination-area:

Disparate Treatment

Hiring

Discrimination-basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits