Case: EEOC v. OVERNITE TRANSPORTATION COMPANY

7:01-cv-00076 | U.S. District Court for the Western District of Virginia

Filed Date: Jan. 30, 2001

Closed Date: Aug. 27, 2002

Clearinghouse coding complete

Case Summary

In January 2001, the EEOC district office in Richmond, Virgina brought this suit against the Overnite Transportation Company, a general commercial shipping courier, in the U.S. District Court for the Western District of Virginia. The charging party had worked for the defendant as a truck driver and dock worker until he was injured on the job and resigned pursuant to a worker's compensation settlement. Approximately a year later, he applied for a job with another trucking company, and on the app…

In January 2001, the EEOC district office in Richmond, Virgina brought this suit against the Overnite Transportation Company, a general commercial shipping courier, in the U.S. District Court for the Western District of Virginia. The charging party had worked for the defendant as a truck driver and dock worker until he was injured on the job and resigned pursuant to a worker's compensation settlement. Approximately a year later, he applied for a job with another trucking company, and on the application he misrepresented the circumstances of his departure from his previous job, stating that his position had simply been eliminated. He was hired, but his new employer continued to verify the information he had provided. When they contacted a former co-worker at the defendant's company, they learned the truth. The EEOC alleged that this was a violation of the Americans with Disabilities Act, on the grounds that it was tantamount to an improper disclosure of confidential medical information.

The court granted the defendant's motion for summary judgment in November 2001, reasoning the disclosure of the complainant's injuries did not violate the ADA because it was not gleamed from confidential medical records or exams; rather, the complainant's co-worker knew of his injuries because the complainant himself had discussed them openly. E.E.O.C. v. Overnite Transp. Co., 2001 WL 1521584 (W.D.Va. Nov. 30, 2001 at *3).

Summary Authors

Jason Chester (7/3/2007)

People


Attorney for Defendant

Wood, Robert Craig (Virginia)

Attorney for Defendant

show all people

Documents in the Clearinghouse

Document

7:01-cv-00076

Docket (PACER)

Equal Employment, et al v. Overnite

Aug. 27, 2002

Aug. 27, 2002

Docket
26

7:01-cv-00076

Memorandum and Order

Equal Employment v. Overnite

Nov. 30, 2001

Nov. 30, 2001

Order/Opinion

2001 WL 2001

Resources

Docket

Last updated Feb. 14, 2024, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT; 100 Day Notice due 5/10/01 for Overnite; Service due 5/30/01 for Overnite (mka) Modified on 01/31/2001 (Entered: 01/31/2001)

Jan. 30, 2001

Jan. 30, 2001

SUMMONS(ES) issued for Overnite (mka)

Jan. 31, 2001

Jan. 31, 2001

2

MOTION to Dismiss by Overnite (Attorney James M. Johnson) (mka)

March 28, 2001

March 28, 2001

Magistrate's Notice (emh)

March 29, 2001

March 29, 2001

SCHEDULING LETTER for Judge Wilson to counsel (emh)

March 29, 2001

March 29, 2001

CORPORATE DISCLOSURE LETTER; Response due 4/1/01 for Overnite (emh)

March 29, 2001

March 29, 2001

4

SCHEDULING ORDER setting Jury Trial for 9:00 10/29-30/01 , and Referring Case to Magistrate Judge Glen E. Conrad for all nondispositive pretrial motions and issues,including any requested changes in this Order and whatever else as set forth in Order as to trial and settlement, motions, discovery, witnesses and mediation ( signed by Chief Judge Samuel G. Wilson )[EOD Date 4/11/01] (mka) (Entered: 04/11/2001)

April 10, 2001

April 10, 2001

5

MEMORANDUM by Overnite in support of [2-1] motion to Dismiss by Overnite (mka)

April 24, 2001

April 24, 2001

6

Rule 26(f) Agreement of the Parties by Equal Employment, Overnite (mka)

April 26, 2001

April 26, 2001

7

NOTICE of Hearing Motion Hearing set for 12:00 6/11/01 in Harrisonburg Division by agreement of the parties for [2-1] motion to Dismiss by Overnite (mka)

May 7, 2001

May 7, 2001

8

MEMORANDUM by Equal Employment in opposition to [2-1] motion to Dismiss by Overnite (mka)

May 8, 2001

May 8, 2001

9

MOTION to Intervene by Etzel Paul Newton (mka)

May 8, 2001

May 8, 2001

10

ORDER granting [9-1] motion to Intervene ( signed by Chief Judge Samuel G. Wilson ) [EOD Date 5/11/01] (mka)

May 11, 2001

May 11, 2001

11

REPLY MEMORANDUM by Overnite to [8-1] Opposition to Motion to Dismiss by Equal Employment (rkc) (Entered: 05/22/2001)

May 21, 2001

May 21, 2001

Motion hearing held re: [2-1] motion to Dismiss by Overnite. Parties argue. Ct will render order. (Judge Samuel G. Wilson OCR Aaron LaDuke) (jat)

June 11, 2001

June 11, 2001

12

ORDER denying [2-1] motion to Dismiss, directing parties to confer and, if possible, submit stipulations of fact within 45 days of the date of this order and whatever else set forth in the order ( signed by Chief Judge Samuel G. Wilson ) [EOD Date 7/6/01] (mka)

July 6, 2001

July 6, 2001

13

ANSWER AND DEFENSES to Complaint by Overnite (emh)

July 18, 2001

July 18, 2001

14

NOTICE TO TAKE DEPOSITION OF Etzel Paul Newton by Overnite (rkc)

July 26, 2001

July 26, 2001

15

NOTICE TO TAKE DEPOSITION OF Butch Vandergrift by Overnite (rkc)

July 26, 2001

July 26, 2001

DISCOVERY LETTER by Etzel Paul Newton (Return of service of deposition subpoena as to E. S. Vandergrift) (lmh) (Entered: 08/06/2001)

Aug. 3, 2001

Aug. 3, 2001

DISCOVERY LETTER (Subpoena executed for douments upon USF Red Star) by Overnite (lmh) (Entered: 08/06/2001)

Aug. 3, 2001

Aug. 3, 2001

16

SHOW CAUSE ORDER, directing E. S. Vandergrift, Jr. to appear before Hon. Glen E. Conrad, U. S. Magistrate Judge set Show Cause Hearing for 1:00 8/21/01 ( signed by Magistrate Judge Glen E. Conrad ) [EOD Date 8/14/01] (lmh) (Entered: 08/14/2001)

Aug. 13, 2001

Aug. 13, 2001

17

MOTION for Pre-trial Conference to adjust scheduling by Overnite (lmh) (Entered: 08/21/2001)

Aug. 20, 2001

Aug. 20, 2001

18

ORDER granting [17-1] motion for Pre-trial Conference to adjust scheduling, Resetting Stipulations and/or joint appendix deadline to 8/31/01 , Resetting Motion Filing deadline to 9/10/01 ( signed by Chief Judge Samuel G. Wilson ) [EOD Date 8/24/01] (emh)

Aug. 24, 2001

Aug. 24, 2001

19

STIPULATIONS (ssm)

Aug. 31, 2001

Aug. 31, 2001

20

SCHEDULING ORDER setting jury trial for 12/12-13/01 at 9:00 in Roanoke; Dispositive motions due 9/18/01, Responses due 10/5/01; Oral arguments to be held on 10/19/01 at 2:00 ( signed by Chief Judge Samuel G. Wilson ) [EOD Date 9/14/01] (lmh) (Entered: 09/14/2001)

Sept. 13, 2001

Sept. 13, 2001

Deadline updated; reset Jury Trial for 9:00 12/12-13/01 , (lmh)

Sept. 14, 2001

Sept. 14, 2001

21

RENEWED MOTION to Dismiss , and for Summary Judgment by Overnite (lmh)

Sept. 18, 2001

Sept. 18, 2001

22

MEMORANDUM by Overnite in support of Renewed [21-1] motion to Dismiss by Overnite, [21-2] motion for Summary Judgment by Overnite (lmh)

Sept. 18, 2001

Sept. 18, 2001

23

Appendix to Motion for Summary Judgment by Overnite (lmh)

Sept. 19, 2001

Sept. 19, 2001

24

MEMORANDUM by Equal Employment in opposition to [21-1] motion to Dismiss by Overnite, [21-2] motion for Summary Judgment by Overnite (emh)

Oct. 5, 2001

Oct. 5, 2001

DISCOVERY LETTER (Return of service of Subpena for documents to Stephen Fry, M.D.) by Overnite (lmh)

Oct. 10, 2001

Oct. 10, 2001

DISCOVERY LETTER (Return of Service on Subpoena for documents as to Charles H. Hiles, M.D.) by Overnite (lmh)

Oct. 10, 2001

Oct. 10, 2001

25

RESPONSE by Overnite to [24-1] opposition memorandum by Equal Employment (lmh)

Oct. 15, 2001

Oct. 15, 2001

Motion hearing held re: [21-1] motion to Dismiss by Overnite, [21-2] motion for Summary Judgment by Overnite, [2-1] motion to Dismiss by Overnite (Judge Samuel G. Wilson OCR Aaron LaDuke) (lmh)

Oct. 19, 2001

Oct. 19, 2001

COURT REPORTER NOTES as to defendant Overnite filed in Roanoke Division by Court Reporter Aaron LaDuke Carton CV # 158 for hearing date 6/11/01 for Motion to Dismiss (lmh)

Nov. 30, 2001

Nov. 30, 2001

26

MEMORANDUM OPINION ( signed by Chief Judge Samuel G. Wilson ) (lmh)

Nov. 30, 2001

Nov. 30, 2001

27

FINAL ORDER ent. granting defendant's [21-2] motion for Summary Judgment; Striking case from the docket of the Court ( signed by Chief Judge Samuel G. Wilson ) [EOD Date 11/30/01] (lmh)

Nov. 30, 2001

Nov. 30, 2001

Case closed (lmh)

Nov. 30, 2001

Nov. 30, 2001

POST OFFICE RETURN of Final Memorandum opinion and order as to Suzanne L Nyfeler, Esq. because insufficient address; Remailed 10/12/01; Faxed order on 11/30/01 to co-counsel at the direction of the Court. (lmh) (Entered: 12/12/2001)

Dec. 10, 2001

Dec. 10, 2001

Transmittal Letter w/ Notice of Appeal and certified copy of docket to USCA: [28-1] appeal by Equal Employment (lmh)

Jan. 29, 2002

Jan. 29, 2002

NOTICE of Docketing ROA from USCA Re: [28-1] appeal by Equal Employment USCA Number: 02-1135 Docket Clerk Barbara H. Rowe (lmh) (Entered: 02/12/2002)

Feb. 11, 2002

Feb. 11, 2002

USCA NOTICE/Request for record (lmh)

Feb. 12, 2002

Feb. 12, 2002

RECORD ON APPEAL in 2 volumes sent to U.S. Court of Appeals: Re [28-1] appeal by Equal Employment (lmh)

Feb. 13, 2002

Feb. 13, 2002

Appeal record received in USCA on 2/14/02 (lmh)

Feb. 19, 2002

Feb. 19, 2002

29

TRANSCRIPT of Motion for summary judgment for dates of 10/19/01 (OCR Aaron LaDuke) (lmh) (Entered: 03/19/2002)

March 18, 2002

March 18, 2002

Supplemental to USCA: Transcript of 10/19/01; Filed 3/18/02 [28-1] appeal by Equal Employment (lmh)

March 28, 2002

March 28, 2002

Supplement to record rec. in U. S. Court of Appeals on 4/1/02 (lmh) (Entered: 04/05/2002)

April 4, 2002

April 4, 2002

COURT REPORTER NOTES as to defendant Overnite filed in Roanoke Division by Court Reporter Aaron LaDuke, OCR for hearing date 10/19/01 for MSJ (rtb)

May 13, 2002

May 13, 2002

JUDGMENT OF USCA (certified copy) dismissing per consent motion [28-1] appeal by Equal Employment (mka)

Aug. 27, 2002

Aug. 27, 2002

RECORD ON APPEAL returned from U.S. Court of Appeals: [28-1] appeal (mka)

Aug. 27, 2002

Aug. 27, 2002

Case Details

State / Territory: Virginia

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Jan. 30, 2001

Closing Date: Aug. 27, 2002

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

Overnite Transporation Company, 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

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Discrimination-area:

Disparate Treatment

Discrimination-basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit