Case: EEOC v. Progress Rail Services

8:01-cv-00494 | U.S. District Court for the District of Nebraska

Filed Date: Sept. 26, 2001

Closed Date: Oct. 17, 2003

Clearinghouse coding complete

Case Summary

The Denver District Office of the EEOC brought this suit against Progress Rail Services in September of 2001, in the U.S. District Court for the District of Nebraska. The only document available from PACER were the dockets for both the district court case and the appellate case and some of the orders. It appears the case was based on an alleged violation of the Age Discrimination in Employment Act. The trial date was postponed numerous times and ultimately went to trial on October 10, 2004. The trial lasted four days with a partial motion for Judgment as a Matter of Law being granted the day before the trial ended. The jury then returned a verdict for the defendant, on the remaining counts, on October 17, 2003. The EEOC appealed the decision; however, they ultimately moved to dismiss the appeal.

Summary Authors

Alex Bean (8/6/2007)

Documents in the Clearinghouse

Document

04-01071

Docket [PACER - 8th Cir.]

EEOC v. Progress Rail

U.S. Court of Appeals for the Eighth Circuit

Feb. 6, 2004

Feb. 6, 2004

Docket

8:01-cv-00494

Docket [PACER]

EEOC v. Progress Rail

Sept. 28, 2004

Sept. 28, 2004

Docket

8:01-cv-00494

Order [Granting Plaintiff's Motion to Compel]

EEOC vs. Progress Rail Services

Dec. 2, 2002

Dec. 2, 2002

Order/Opinion
65

8:01-cv-00494

Jury Verdict

EEOC vs. Progress Rail Service

Oct. 17, 2003

Oct. 17, 2003

Other
66

8:01-cv-00494

Judgment

Oct. 17, 2003

Oct. 17, 2003

Order/Opinion

Resources

Docket

Last updated March 27, 2024, 3:25 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT: no Summons issued; jury demand with request for trial at Omaha, NE (JSF) (Entered: 09/26/2001)

Sept. 26, 2001

Sept. 26, 2001

2

WAIVER OF SERVICE (Rule 4 - Summons) upon defendant Progress Rail on 1/15/02 (TJS) (Entered: 02/19/2002)

Feb. 19, 2002

Feb. 19, 2002

3

ANSWER by defendant Progress Rail to complaint [1-1] (JSF) (Entered: 03/19/2002)

March 18, 2002

March 18, 2002

4

SCHEDULING PACKET by Magistrate Judge Thomas D. Thalken - COPIES MAILED (NCD) (Entered: 03/20/2002)

March 20, 2002

March 20, 2002

5

RULE 26(f) PLANNING REPORT (TJS) (Entered: 04/26/2002)

April 26, 2002

April 26, 2002

6

ORDER SETTING SCHEDULE FOR PROGRESSION OF CASE by Magistrate Judge Thomas D. Thalken - deposition ddl set for 5/4/02 - pretrial conference set 2:00 8/12/02 before Magistrate Judge Thomas D. Thalken - COPIES MAILED (TJS) (Entered: 04/26/2002)

April 26, 2002

April 26, 2002

8

MOTION by plaintiff EEOC for substitution of counsel (TJS) (Entered: 07/30/2002)

July 29, 2002

July 29, 2002

9

ORDER by Magistrate Judge Thomas D. Thalken granting motion for substitution of counsel [8-1]; Nelson G. Aslton is substituted for Evangelina Fierro Hernandez as counsel of record for plf as to plaintiff EEOC substituting atty Nelson G. Alston - COPIES MAILED [EOD Date 7/31/02] (TJS) (Entered: 07/31/2002)

July 30, 2002

July 30, 2002

10

FINAL PROGRESSION ORDERby Magistrate Judge Thomas D. Thalken - deposition ddl set for 12/31/02 - pretrial conference set 9:00 2/11/03 before Magistrate Judge Thomas D. Thalken - jury trial set for 8:30 2/24/03 - COPIES MAILED (TJS) (Entered: 08/12/2002)

Aug. 12, 2002

Aug. 12, 2002

14

CERTIFICATE OF SERVICEby Attorney Nancy A. Weeks on behalf of Plaintiff Equal Employment Opportunity Commission of serving its first set of requests for admissions, interrogatories, and production of documents to defendant (Document previously fled in wrong case)(MKR, ) (Entered: 12/03/2002)

Aug. 16, 2002

Aug. 16, 2002

11

MOTION to Compel discovery by Attorney Nelson G. Alston on behalf of Plaintiff Equal Employment Opportunity Commission (CJB, ) (Entered: 11/06/2002)

Nov. 4, 2002

Nov. 4, 2002

12

CERTIFICATE of Service of its second Set of Requests for Admissions, Interrogatories and Production of Documentsby Attorney Nelson G. Alston on behalf of Plaintiff Equal Employment Opportunity Commission (TJS, ) (Entered: 11/26/2002)

Nov. 22, 2002

Nov. 22, 2002

13

ORDER granting 11 Motion to Compel to the extent that the defendant shall have to on or before 12/13/2002 to respond to the plaintiff?s First Set of Interrogatories, Requests for Production of Documents, andRequests for Admissions. Signed by Magistrate Judge Thomas D. Thalken on 12/2/2002. (PAV, ) (Entered: 12/02/2002)

Dec. 2, 2002

Dec. 2, 2002

15

MOTION to Extend The Discovery Deadline by Attorney Nelson G. Alston on behalf of Plaintiff Equal Employment Opportunity Commission (TJS, ) (Entered: 12/04/2002)

Dec. 4, 2002

Dec. 4, 2002

16

ORDER granting 15 Motion to Extend discovery deadlines; deposition deadline is 3/31/2003; final pretrial conference is set for 5/12/2003 at 10:00 a.m. before Magistrate Judge Thomas D. Thalken; Jury trial is set for 5/27/2003 before Judge Joseph F. Bataillon. Signed by Magistrate Judge Thomas D. Thalken on 12/5/2002. (PAV, ) (Entered: 12/05/2002)

Dec. 5, 2002

Dec. 5, 2002

17

ATTORNEY Registration Letter Regarding Plaintiff Equal Employment Opportunity Commission ; letter sent to Attorney Nelson G. Alston with registration form. (JAE, ) (Entered: 12/06/2002)

Dec. 6, 2002

Dec. 6, 2002

18

ATTORNEY Registration Letter Regarding Plaintiff Equal Employment Opportunity Commission ; letter sent to Attorney Joseph H. Mitchell with registration form. (JAE, ) (Entered: 12/06/2002)

Dec. 6, 2002

Dec. 6, 2002

20

ATTORNEY Registration Letter Regarding Plaintiff Equal Employment Opportunity Commission ; letter sent to Attorney Nancy A. Weeks with registration form. (JAE, ) (Entered: 12/06/2002)

Dec. 6, 2002

Dec. 6, 2002

21

CERTIFICATE of Service of Plaintiff's Non-Expert Witness List by Attorney Nelson G. Alston on behalf of Plaintiff Equal Employment Opportunity Commission (Alston, Nelson) (Entered: 02/21/2003)

Feb. 21, 2003

Feb. 21, 2003

22

EXHIBIT LIST by Attorney Nelson G. Alston on behalf of Plaintiff Equal Employment Opportunity Commission. (Alston, Nelson) (Entered: 04/17/2003)

April 17, 2003

April 17, 2003

23

CERTIFICATE of Service of List of Trial Exhibits by Attorney Nelson G. Alston on behalf of Plaintiff Equal Employment Opportunity Commission (Alston, Nelson) (Entered: 04/17/2003)

April 17, 2003

April 17, 2003

24

DEPOSITION of Testimony and discovery documents for use at Trial by Attorney Nelson G. Alston on behalf of Plaintiff Equal Employment Opportunity Commission (Alston, Nelson) (Entered: 04/17/2003)

April 17, 2003

April 17, 2003

25

CERTIFICATE of Service of Deposition Testimony and Discovery Documents for Use at Trial by Attorney Nelson G. Alston on behalf of Plaintiff Equal Employment Opportunity Commission (Alston, Nelson) (Entered: 04/17/2003)

April 17, 2003

April 17, 2003

26

EXHIBIT LIST AMENDED by Attorney Nelson G. Alston on behalf of Plaintiff Equal Employment Opportunity Commission. (Alston, Nelson) (Entered: 05/08/2003)

May 8, 2003

May 8, 2003

27

CERTIFICATE of Service of Plaintiff's Amended List of Trial Exhibits by Attorney Nelson G. Alston on behalf of Plaintiff Equal Employment Opportunity Commission (Alston, Nelson) (Entered: 05/08/2003)

May 8, 2003

May 8, 2003

28

PRETRIAL ORDER - estimated length of trial is 3 days; Jury Trial set for 7/21/2003 before Judge Joseph F. Bataillon. Signed by Magistrate Judge Thomas D. Thalken on 5/12/2003. (DKM, ) (Entered: 05/13/2003)

May 12, 2003

May 12, 2003

29

ATTORNEY LETTER by Clerk that Attorney Joseph H. Mitchell has not registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (DKM, ) (Entered: 05/13/2003)

May 13, 2003

May 13, 2003

30

ATTORNEY LETTER by Clerk that Attorney Gwendolyn Reams has not registered for admittance or registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (DKM, ) (Entered: 05/13/2003)

May 13, 2003

May 13, 2003

31

Proposed Jury Instructions by Equal Employment Opportunity Commission. (Alston, Nelson) (Entered: 07/10/2003)

July 10, 2003

July 10, 2003

33

Proposed Jury Instructions Proposed Voir Dire Questions by Equal Employment Opportunity Commission. (Alston, Nelson) (Entered: 07/10/2003)

July 10, 2003

July 10, 2003

34

CERTIFICATE of Service of Proposed Jury Instructions by Attorney Nelson G. Alston on behalf of Plaintiff Equal Employment Opportunity Commission (Alston, Nelson) (Entered: 07/10/2003)

July 10, 2003

July 10, 2003

35

CERTIFICATE of Service of Proposed Voir Dire Questions by Attorney Nelson G. Alston on behalf of Plaintiff Equal Employment Opportunity Commission (Alston, Nelson) (Entered: 07/10/2003)

July 10, 2003

July 10, 2003

36

CERTIFICATE of Service of Trial Brief by Attorney Nelson G. Alston on behalf of Plaintiff Equal Employment Opportunity Commission (Alston, Nelson) (Entered: 07/10/2003)

July 10, 2003

July 10, 2003

37

TRIAL ORDER; Jury Trial re-set for 9/15/2003 at 08:30 AM before Judge Joseph F. Bataillon. Signed by Magistrate Judge Thomas D. Thalken on 7/15/2003. (PAV, ) (Entered: 07/15/2003)

July 15, 2003

July 15, 2003

38

Proposed Jury Instructions (Amended) by Equal Employment Opportunity Commission. (Alston, Nelson) (Entered: 09/04/2003)

Sept. 4, 2003

Sept. 4, 2003

39

Certificate of Service of Amended Proposed Jury Instructions by Attorney Nelson G. Alston on behalf of Plaintiff Equal Employment Opportunity Commission (Alston, Nelson) (Entered: 09/04/2003)

Sept. 4, 2003

Sept. 4, 2003

40

Proposed Jury Instructions Amended Proposed Voir Dire Questions by Equal Employment Opportunity Commission. (Alston, Nelson) (Entered: 09/04/2003)

Sept. 4, 2003

Sept. 4, 2003

41

Certificate of Service of Amended Proposed Voir Dire Questions by Attorney Nelson G. Alston on behalf of Plaintiff Equal Employment Opportunity Commission (Alston, Nelson) (Entered: 09/04/2003)

Sept. 4, 2003

Sept. 4, 2003

42

BRIEF Amended Trial Brief by Attorney Nelson G. Alston on behalf of Plaintiff Equal Employment Opportunity Commission (Alston, Nelson) (Entered: 09/04/2003)

Sept. 4, 2003

Sept. 4, 2003

43

Certificate of Service of Amended Trial Brief by Attorney Nelson G. Alston on behalf of Plaintiff Equal Employment Opportunity Commission (Alston, Nelson) (Entered: 09/04/2003)

Sept. 4, 2003

Sept. 4, 2003

44

ORDER continuing Jury Trial to 10/14/2003 09:00 AM in Courtroom 3 (Omaha) before Judge Joseph F. Bataillon; attorney to appear in courtroom at 8:30 a.m. that day. Signed by Judge Joseph F. Bataillon on 9/11/2003. (SMS, ) (Entered: 09/11/2003)

Sept. 11, 2003

Sept. 11, 2003

45

PROPOSED JURY INSTRUCTIONS by Progress Rail Services. (Shiffermiller, Roger) (Entered: 10/08/2003)

Oct. 8, 2003

Oct. 8, 2003

46

Mail Returned as Undeliverable addressed to nweeks@eeoc.gov regarding Proposed Jury Instructions 45. NOT RESENT: attorney's system down; filing faxed to 303-866-1375 per request. (JAE, ) (Entered: 10/10/2003)

Oct. 10, 2003

Oct. 10, 2003

55

JURY PANEL RECORD. (KMG) (Entered: 10/14/2003)

Oct. 14, 2003

Oct. 14, 2003

56

Minute Entry for proceedings held before Judge Joseph F. Bataillon. Jury Trial held on 10/15/2003. Evidence by plaintiff and defendant. Plaintiff rests. Trial continued to 10/16/2003 at 9:00 a.m. Defendant's oral motion for judgment as a matter of law taken under advisement. (Court Reporter - Allan Kuhlman) (KMG) (Entered: 10/15/2003)

Oct. 15, 2003

Oct. 15, 2003

57

PROPOSED JURY INSTRUCTIONS (Supplemental) by Progress Rail Services. (Shiffermiller, Roger) (Entered: 10/16/2003)

Oct. 16, 2003

Oct. 16, 2003

58

INITIAL Jury Instructions. (SMS, ) (Entered: 10/16/2003)

Oct. 16, 2003

Oct. 16, 2003

59

CLOSING Jury Instructions. (SMS, ) (Entered: 10/16/2003)

Oct. 16, 2003

Oct. 16, 2003

60

Minute Entry for proceedings held before Judge Joseph F. Bataillon Jury Trial held on 10/16/2003. Evidence by plaintiff and defendant. Defendant rests. Rebuttal by plaintiff. Instruction conference held. Closing arguments. Jury received case at 3:10 p.m. Jury returned at 5:15 p.m. without verdict. Ordered to separate and return and resume deliberations on 10/17/2003 at 9:00 a.m. Defendant renews it's oral motion for judgment as a matter of law. The motion is granted for a directed verdict regarding willfullness. The motion regarding the claims of Arnulfo Mendoza is sustained and those claims are dismissed. The motion regarding the claims of Thomas Abbott for failure to transfer and to rehire is overruled. The claims of Joe Aguallo were not timely presented to the court and therefore will not be submitted to the jury. Written order forthcoming. (Court Reporter - Allan Kuhlman) (KMG) (Entered: 10/16/2003)

Oct. 16, 2003

Oct. 16, 2003

61

FINAL Jury Instructions. (SMS, ) (Entered: 10/17/2003)

Oct. 17, 2003

Oct. 17, 2003

62

Minute Entry for proceedings held before Judge Joseph F. Bataillon Jury Trial ended on 10/17/2003; verdict reached for defendant; clerk to file verdict and enter judgment. Clerk's Use Only: Number of trial days with evidence - 3. (Court Reporter - Allan Kuhlman) (KMG) (Entered: 10/17/2003)

Oct. 17, 2003

Oct. 17, 2003

63

WITNESS LIST from jury trial held on October 14-16, 2003. (KMG) (Entered: 10/17/2003)

Oct. 17, 2003

Oct. 17, 2003

64

EXHIBIT LIST from jury trial held on October 14-16, 2003. (KMG) (Entered: 10/17/2003)

Oct. 17, 2003

Oct. 17, 2003

65

JURY VERDICT and questions from jurors. (KMG) (Entered: 10/17/2003)

Oct. 17, 2003

Oct. 17, 2003

66

JUDGMENT - IT IS ORDERED AND ADJUDGED that judgment is entered in favor ofthe Defendant, Progress Rail Services, and against the Plaintiff,Eqal Employment Opportunity Commission, together with taxable costsof this action; IT IS FURTHER ORDERED AND ADJUDGED that Defendant?s renewedmotion for judgment as a matter of law, which was made at the time oftrial, is granted for a directed verdict regarding willfullness. Themotion regarding the claims of Arnulfo Mendoza is sustained and thoseclaims are dismissed. The motion regarding the claims of ThomasAbbott for failure to transfer and to rehire is overruled. Theclaims of Joe Aguallo were not timely presented to the court and therefore will not submitted to the jury. Signed by Deputy Clerk on 10/17/2003. (TJS, ) (Entered: 10/17/2003)

Oct. 17, 2003

Oct. 17, 2003

67

NOTICE OF APPEAL by Attorney Nelson G. Alston on behalf of Plaintiff Equal Employment Opportunity Commission. (Alston, Nelson) (Entered: 12/16/2003)

Dec. 16, 2003

Dec. 16, 2003

68

Letter By Clerk sending Forms A & B with cover letter to appellant. (TJS, ) (Entered: 12/17/2003)

Dec. 17, 2003

Dec. 17, 2003

69

Letter by Clerk to appellant with request for transcript form regarding Notice of Appeal to USCA67 (TJS, ) (Entered: 12/17/2003)

Dec. 17, 2003

Dec. 17, 2003

70

2 COPIES of Notice of Appeal to USCA67; Judgment 66, Jury Verdict65 and certfied Docket Sheet to Clerk, USCA - 8th Circuit (TJS, ) (Entered: 12/17/2003)

Dec. 17, 2003

Dec. 17, 2003

71

SCHEDULING LETTER from USCA - 8th Circuit as to Notice of Appeal to USCA67 ; Appellate Docket Number: 04-1071. Transcript Designation set for 2/18/2004. (Attachments: # 1)(TJS, ) (Entered: 01/12/2004)

Jan. 9, 2004

Jan. 9, 2004

72

MOTION to Withdraw as Attorney by Attorney Nancy A. Weeks on behalf of Plaintiff Equal Employment Opportunity Commission (Weeks, Nancy) (Entered: 01/12/2004)

Jan. 12, 2004

Jan. 12, 2004

73

Transmittal Letter forwarding Motion to Withdraw as Attorney to the 8th circuit 72 (TJS, ) (Entered: 01/14/2004)

Jan. 14, 2004

Jan. 14, 2004

74

COPY of Order from USCA - 8th Circuit that decision of District Court is that the appellant's motion to dismiss is granted; the appeal is hereby dismissed; mandate shall issue forthwith. (Attachments: # 1)(MKR, ) (Entered: 01/30/2004)

Jan. 30, 2004

Jan. 30, 2004

75

MANDATE from USCA - 8th Circuit (04-1071) dismissing Notice of Appeal to USCA67 (Attachments: # 1)(TJS, ) (Entered: 02/03/2004)

Feb. 2, 2004

Feb. 2, 2004

76

MOTION to return sealed documents by Attorney Roger L. Shiffermiller on behalf of Defendant Progress Rail Services (MKR, ) (Entered: 07/07/2004)

July 7, 2004

July 7, 2004

77

ORDER granting 76 Motion to return sealed documents; the Clerk of Court shall make the documents filed under seal available for retrieval by counsel or representative of the law firm of counsel for the party who filed each document under seal. Signed by Magistrate Judge Thomas D. Thalken on 7/8/2004. (MKR, ) (Entered: 07/09/2004)

July 8, 2004

July 8, 2004

78

NOTICE by Clerk of intent to destroy trial exhibits. (KMG) (Entered: 08/27/2004)

Aug. 27, 2004

Aug. 27, 2004

PLAINTIFF & DEFENDANT TRIAL EXHIBITS destroyed on September 28, 2004 by Clerk of Court. THIS IS A TEXT ONLY ENTRY. A PDF DOCUMENT IS NOT ATTACHED TO THIS ENTRY. (KMG) (Entered: 09/28/2004)

Sept. 28, 2004

Sept. 28, 2004

Case Details

State / Territory: Nebraska

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 26, 2001

Closing Date: Oct. 17, 2003

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

Progress Rail Services, Private Entity/Person

Case Details

Causes of Action:

Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.

Available Documents:

Trial Court Docket

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Discrimination-area:

Disparate Treatment

Discrimination-basis:

Age discrimination

EEOC-centric:

Direct Suit on Merits