San Francisco District Office
350 The Embarcadero, Suite 500 San Francisco, California 94105 Telephone:
Facsimile:

COMMISSION

KATHRYN OLSON, SUPERVISORY TRIAL ATTORNEY EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle Field Office 909 First Avenue, Suite 400 Seattle, WA 98104
Telephone: Facsimile:

Attorneys for Plaintiff Equal Employment Opportunity Commission

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON

I EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION, Plaintiff,

Civil Action No. COMPLAINT
Civil Rights - Employment
Discrimination

UNITED AIR LINES, INC.,

DEMAND FOR JURY TRIAL

Defendant.

NATURE OF THE ACTION

This is an action under Title I of the Americans with Disabilities Act of 1990 and

Title I of the Civil Rights Act of 1991to correct unlawful employment practices on the
1 basis of disability and to provide appropriate relief to Charging Parties Janet Lawhead,

Maria Lovell and Shelly Kia, and similarly situated individuals who were adversely

affected by such practices. Defendant United Airlines, Inc. discriminated against

Charging Parties Lawhead, Lovell and Kia and similarly situated disabled individuals
when it ceased and refused to reasonably accommodate them with work schedules of

COMPLAINT FOR DISCRIMINATION

Equal Employment Opportunity Commission 350 The Embarcadero, Suite 350 San Francisco, CA 94 105 (41 5) 625-5653

less than thirty hours, and required them to be able to work a minimum of thirty hours per week. This failure to accommodate resulted in the forced termination and/or preclusion of the employment relationship of Charging Parties Lawhead, Lovell and Kia, and other qualified individuals with disabilities, with Defendant United Airlines, Inc.
JURISDICTIONAND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§451,1331, 1337,1343, and 1345. This action is authorized and instituted pursuant to Section 107(a) of the Americans with Disabilities Act of 1990 ("ADA"),42 U.S.C. §12117(a),which incorporates by reference Sections 706(f)(l)and (3)of Title VII of the Civil Rights Act of
1964 ("TitleVII"),42 U.S.C.5 2000e-5(f)(1)and (3)and pursuant to Section 102of the
Civil Rights Act of 1991,42 U.S.C. 51981a. The employment practices alleged to be unlawful were committed against
Charging Party Lawhead within the jurisdiction of the United States District Court for the Western District of Washington, establishing the Western District of Washington as an appropriate venue. The employment practices alleged to be unlawful were committed against Charging Parties Lovell and Kia in the District of Hawaii, and similar alleged unlawful employment practices were committed by Defendant against similarly situated disabled individuals throughout the United States.
PARTIES Plaintiff, the Equal Employment Opportunity Commission ("Plaintiff Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title I of the ADA and is expressly authorized to bring this action by Section107(a)of the ADA, 42 U.S.C. §12117(a),which incorporates by reference Sections 706(f)(l)and (3) of Title VII, 42 U.S.C. §2000e-5(f)(l). 4. Defendant United Airlines, Inc. (hereinafter"Defendant United) is a Delaware corporation, doing business at all relevant times in the State of Washington, in
the County of King, and has continuously had at least 15employees.

COMPLAINT FOR DISCRIMINATION

Equal Employment Opportunity Commission 350 The Embarcadero, Suite 350 San Francisco, CA 94105 (41 5) 625-5653

5. At all relevant times, Defendant United has continuously been engaged in an industry affecting commerce under Section 101(5)of the ADA, 42 U.S.C. §12111(5), and Section 101(7)of the ADA, 42 U.S.C. 512111(7),which incorporates by reference Sections 701(g) and (h) of Title VII, 42 U.S.C. §2000e(g)and (h).
6. At all relevant times, Defendant United has been a covered entity under Section 101(2)of the ADA, 42 U.S.C. 512111(2).
STATEMENT OF CLAIMS 7. More than thirty days prior to the institution of this lawsuit, Charging Parties Janet Lawhead, Maria Love11 and Shelly Kia ("Charging Parties") filed charges with Plaintiff Commission alleging violations of Title I of the ADA by Defendant United. All conditions precedent to the institution of this lawsuit have been fulfilled. 8. Since at least on or about April 1,2003, Defendant United has engaged in unlawful employment practices in violation of Section 102 of Title I of the ADA, 42 U.S.C. 512112(a). These practices have included but are not limited to failure to provide reasonable accommodation to Charging Parties and similarly situated individuals, resulting in some cases, including those of Charging Parties, in the termination of their employment relationship with Defendant United. These employment practices included Defendant United's rescission of work schedules of less that thirty hours per week, which had previously been provided to Charging Parties, and/or could have been provided to Charging Parties and similarly situated individuals as reasonable accommodation of their disabilities. Instead, Defendant United required that all such individuals work a minimum of thirty hours per week. 9. The effectof the actions complained of in paragraph 8 above has been to deprive Charging Parties and similarly situated individuals of equal employment opportunities and otherwise adversely affecttheir status as employees because of their disabilities. 10. The unlawful employme~ptractices complained of in paragraph 8 above were intentional.

COMPLAINT FOR DISCRIMINATION

Equal Employment Opportunity Commission 350 The Embarcadero, Suite 350 San Francisco, CA 94 105
(415) 625-5653

11. The unlawful employment practices complained of in paragraph 8 above were done with malice or with reckless indifference to the federally protected rights of Charging Parties and similarly situated individuals.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns, and all persons in active concert or participation with it, from failing to accommodate qualified employees' disabilities, terminating the employment of individuals with disabilities because of their disabilities, and engaging any other employment practice which discriminates on the basis of disability. B. Order Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for qualified individuals with disabilities, and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant to make whole Charging Parties and similarly situated individuals by providing appropriate back pay and benefits with prejudgment interest, and other affirmativerelief necessary to eradicate the effects of its unlawful employment practices, includingbut not limited to reinstatement and/or front pay and other appropriate relief to be determined at trial. D. Order Defendant to make whole Charging Parties and similarly situated individuals by providing compensation for past pecuniary losses resulting from the unlawful employment practices described above, including out-of-pocket medical expenses and costs associated with job search, in an amount to be determined at trial.
E. Order Defendant to make whole Charging Parties and similarly situated
individuals by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of above including, but not limited to, emotional pain and suffering,mental anguish, inconvenience, loss of enjoyment of life
and humiliation, in amounts to be determined at trial,

COMPLAINT FOR DISCRIMINATION

Equal Employment Opportunity Commission 350 The Embarcadero, Suite 350 San Francisco, CA 94 105
(415) 625-5653

1

. Order Defendant to pay Charging Parties and similarly situated

2 individuals punitive damages for the malicious and reckless conduct described above,

I3 in amounts to be determined at trial.

4

G. Grant such further relief as the Court may deem just and proper in the

5 public interest.

H. Award the Commission its costs of this action.

DEMAND FOR TURY TRIAL

Pursuant to the provisions of Federal Rule of Civil Procedure 38(b), Plaintiff
I9 hereby demands a jury trial. Dated: 28 September 2006

WILLIAM R. TAMAYO Regional Attorney

RONALD S. COOPER General Counsel

JONATHAN PECK Supervisory Trial Attorney, San Francisco

JAMES L. LEE Deputy General Counsel

KATHRYN OLSON Supervisory Trial Attorney, Seattle

GWENDOLYN Y. REAMS Associate General Counsel

CINDY O'HARA Senior Trial Attorney, San Francisco By: /S/ William R. Tamavo

EQUAL EMPLOYMENT OPPORTUNI? COMMISSION Office of the General Counsel Washington, DC 20507

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION San Francisco District Office 350 The Embarcadero, Suite 500 San Francisco, CA 94105 (415) 625-5653

COMPLAINT FOR DISCRIMINATION

Equal Employment Opportunity Commission 350 The Embarcadero, Suite 350
San Francisco, CA 941 05
(415) 625-5653

 
 11111111111111111 IIIII IIIII IIIII 1111111111111

111111111111111111 1111111111111111 II 1111

WILLIAM R. TAMAYO ,. #084965 (CA)

06-CV-01407-CNST

JONATHAN T. PECK-- #I 2303 (VA)
2 EVANGELINA FIERRO HERNANDEZ # 166879 (CA)

RAYMOND CHEUNG-- #176086 (CA)

.

3 MOLLY P. KOc;OK ,_ #35821 (WA)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

4 San Francisco District Offict! 350 The Embarcadero, Suite 500

•

5 San Francisco, California 94105

Telephone: (415) 625-5622 6 Facsimile: (415) 625-5657

7 Attorneys for PlaintiffEqual Employment Opportunity Commission
8 KARl ERICKSON LEVIJ\i'E
SEYFARTH SHAW, LLP
9 560 Mission Street, Suite 3100 San Francisco, CA 94105
10 Telephone: (415} 544.1078 Facsimile: (41 5.) 397-8549
II

12 Attorney for Defendam United Air Lines, Inc.

1J

14

UNITED STATES DISTRJCT COURT

15

WESTERN DISTRICT OF WASHINGTON

16

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

) Civil Action No. C.06-0l407 TSZ )

17

!'Iainti ff.

) CONSENT DECREE
)

18 v.

)
)

19 liNITE.D AIRLINES, INC.,

) )

20

____________D_ef_en_d_an_t.___________

)
) )

21

22

23

PlaintiffEqual Employment Opportunity Commission ("Commission" or "EEOC'') filed

24 this action under Title 1ofthe Americans with Disabilities Act ("ADA") and Title I ofthe Civil

25 Rights Act of 1991 to correct alleged unlawful emplo)~nent practices based on (lisabili~y, and to

26 provide appropriate relief to Janet Lawhead, Maria Lovell, amlShelly Kia ("Charging Parties"),

27 and similarly situated disabled employees. who were employed by United Airlines as

28

Reservations Sales and Service Representatives (''RSSRs"), whom the Com111ission alleged were

2 and are adversely atTected by such practices. The Commission alleged that Defendant United

3 Airlines, Inc., whose current correct name is United Air Lines, Inc. ("United"), subjected

4 Charging Parties. and similarly situated employees. to unlawful discrimination based on

5 disability in violation of the ADA by refusing to allow thcn1 to continue to work reduced hour
6 schedules as reasonable accommodation. Defendant has denied the above allegations and

7 claim~. The Commission and United now seek to resolve this action (both Phase 1 and Pha.se 2

8 as defined by the Court in various Orders entered in the proceedings) as to each other and those

9 covered within the scope of EEOC's lawsuit in both phases ofthe action, through this Consent

t0 Decree without further contested litigation.

II

The Court has reviewed this Consent Decree in light of the. pleadings, the record herein,

12 and the applicable law, and now approves this Consent Decree.

13

THEREFORE IT IS HEREBY ORDERED. ADJUDGED AND DECREED:

14 GENERAL PROVISIONS

15

I. This Court has jurisdiction over the subject matter and the parties to this·action.

16 This Court retains jurisdiction over this Consent Decree during its term.

17

2. Th.is Consent Decree constitutes a full and final resolution of all claims arising out

18 of EEOC Charges Filed by Kellie Florence (Charge No. 210A30283l), Shelly Kia (Charge No.

19 378-2003-00460), Janet Lawhead (Charge No. 380-2003-02082), Maria Lovell (Charge No. 378-

20 2003-00342), Nada Lukovic (Charge No. 21 OAJ03038), Mary Mclnemey (Charge No.·

21 2lOA302799).Aifreda Tillman (Charge Nos. 440-2006-06515 and 440-2007-04673), Katherine

22 Wong (Chargl.' No. 37B-20l0-00446), and a tenth charge filed by Commissioner Stuart J.

23 lshimaru (Charge No. 550-20 I0-02136}, and all ADA claims pled in the Complaint in this

24 action.

25

3. This Consent Decree will become effective upon its entry by the Court.

26

4. This Consent Decree is final and binding upon the parties to it, their successors

27 and assigns.

28
129JRllh.1

- 2-

5. The Commission and United will each bear its own costs and attorneys' fees. in

2 this action.

3

6. United and its officers, agents, and employees understand and acknowledge that

4 the ADA strictly prohibits retaliation against any employee who has participated iA any m;mner

5 in !his lawsuit as well as retaliation against any RSSR based on his or her having requested a

6 reduced-hours schedule as reasonable accommodation under !he ADA. united wlll comply with

7 the non-retaliation .requirements afthc ADA and will Ilot condone retaliation by its officers,

8 agents, or employees against. any RSSR based on his or her having requested a reduced•hour

9 sched(lle as reasonable accommodation under the ADA.

10 NON-ADMISSION OF LIABILITY

11

7. Nothing in this Consent Decree shall be interpreted or constmed as an admission

12 ofliabilityby\Jnited. United specifically denies all of the Commission's allegations, !J.nd denies

JJ !hat it is liable in any arn()unt, under any theory.

14 NO COURT FlNDING AS TO LIABILITY

15

8. hi agreeing to the tenns ofthis Consent Decree, the Parties acknowledge that

16 neither this Court nor any other court has made any findings or expressed any opinion

17 concerning the merits, validity, or accuracy ofany ofthe allegations, claims, or defenses asserted

18 in this action, except as may bereO.ected in the Court's written mlings on c.ertain m()tions filed

19 by the Parties.

20 CONSENT DECREE NOT ADMISSIBLE AS EVIDENCE

21

9. Nothing in this.Consent Decree, nor any action taken in implementation the~Wf,

22 nor any statements, discussions, or communications, nor any materials prepared, exqhanged,

23 issued, or used during the negotiations leading to this Consent Decree. are intend.ed by the

24 Parties, nor shall any of the foregoing constitute, be introduced, be used., or be. admissib1e in any

25 way in the litigation oflhis action, or in any other judicial. arbitral, administrative, investigative,

26 or other proceeding ofwhatever. kind or nature as evidence of disability discrimination, or as

27 evidence ofany violation ofthe· ADA, the common law of any jurisdiction, any federal, state, or

28 - 3-

local law, statute, ordinance, regulation, rule, or executive order; or any obligation or duty at law

2 or in equity, Notwithstanding the foregoing, the Consent Decree may be used by arty .of the

3 parties in any proceeding in this Court to enforce or implement the Consent Decree or lillY orders

4 or judgments of this Court entered in conjunction with the Consent Decree.

5 SPECIFIC INJUNCTIVE RELIEF

6

Non-Discrimination Policies

7

I 0.

For those RSSRs who cannot work all of the hours required in the shift bid their

8 seniority can hold and thus request a reduction in the number of hours the RSSJ.Us reqt~ired to

9 work per week or per day as an accommodation to address long tenn or permanent medical

10 restrictions coll.finned by United Medical, United agrees that it will in good faith collSider such

II requests on a case-by-case b11sis. In all such cases, United will .engage in the interactive. process,

12 taking into accou.nt the rea.sonablencss of the request, the availability of other effective

l3 accommodations, Qll)l formal objections that are actually asserted .by the Union representing

14 RSSRs, and any undue hardship that may be imposed on United as a result ofgranting the

15 requested accommodation. Ul1ited will pennit reduced-.hours schedules as accommodations for

16 qualified individuals with disabilities when and to the extent they constitute reasonable

17 accommodations and do not impose any undue hardship on the Company. However, t)nited and

18 the EEOC agree that United. in its sole discretion. may offer other rc<~.~onable,effective 19 accommOdations in lieu of reduced-hours schedules when such other accommodations ~re

20 available.

21

I I. United agrees that its 90-day Transitional Duty Policy will not act as a bar to the

22 allowance of sut:h anaccommoda.tion.

23

12. The parties agree that if the RSSR requesting a reduced-hours accommodation is

24 classified as. a full·time United RSSR, United may require the RSSR, as a condition vrecedent to

25 the gta.Jlting of any such accommodation, to submit an in-class tr-.msfer for alld accept Qlly open

26 part·time position at the employee's current work location which the RSSR can work. If there

27 are no current part-time positions open or being offered by the United, United nevertheless may

28
-4-

require the RSSR to submit an in-class transfer for a part-time opening with United Ill the

2 employee's current work location. The parties !lgree that the absence of open part-timepo!!itions

3 alse will not act as a bar to the allowance of reduced-hours accommodations.

4

13. The parties·agree that any request for a permanent or long tem1 reduced-hours

5 accommodation under which art RSSR would work fewer than 16 hours per week, the

6 contractual minimum schedule for part-time RSSRs under the collective bargaining agreement,

7 would be an unreru;onable accommodation and would not be allowed.

8

14. Within thirty (30) days of entry of this Consent Decree, United will issue a

9 memorandum setting forth the above policy, as described in Paragraphs TO through 13 ofthis

I 0 Consent Decree. This memorandum shall be in the fonn attached hereto as Exhibit A, and shall

I I be delivered to all United supervisors and managers in the RSSR departments, to all petsonrtel of

12 United's medical department, and to all personnel in United's human resources departme)lt and

IJ any other United employees involved in the reasonable accommodation ofRSSR employees.

14

15. Within thirty (30) business days after the entry of this Consent Decree, United

15 shall post copies of the memor!lrldum referenced in Paragraph 14 on the bulletin boardsatall

16 Contact Centers in the United States which are normally used by United for eonimunic!lting with

t7 its RSSR employees. The memorandum shall remain posted for the duration ofthis Debree,

18 United shall take all reasonable steps to ensure that the posting is not altered, defaced or covered

I9 by any other ml!terial. Additionally, United shall mail a copy of the same memorandum to all

20 RSSR employees ctrrrently on Extended IIiness Status. United shall certify to the EEOC in

21 writing within siXty (60) business days after the effective date ofthe Dectee that the

22 memornndum has been properly posted and mailed.

23

Training

24

16. United will engage the. services of a qualified outside consultant. knowl~geable

25 In the ADA, to lrain all supervisors, managers, medical personnel, human resources pt:fs.onnel,

26 and any other United employees involved in administering the reasonable accommodation

27 process for the Company with respect to. RSSRs, with an emphasis on definitions ofdisability

28 -5-

under the ADA, the interactive occommodation process, the concept of undue hardship, and the

2 requirements of the Consent Decree in this regard. Each session will be at least two ho!Irs in

3 length, and will be introduced by a senior member ofUnited's management team. The training

4 will be paid for by United, but the selection of the outside consultant will l1e subject to EEOC

5 review and approval, provided that approval will not be unreasonably withheld. This training

6 wi II be conducted annually during the tem1 of this Consent Decree and the first training. shall be

7 completed by no later than six (tl) months after the entry of this Consent Decree.

8

Record Keeping and Reports

9

17. Upon is.~uance of the memorandum described in Paragmph 14, United will send a

I 0 copy ofsaid document to counsel for the Commission attesting to compliance with said

II Paragraph.

12

18.

Within thirty (30) days after completing each training $CS~ion de$eribed in

I J Par4graph 16. United will mall to counsel for the Cl>mmission a repor! containing the date of

14 training, the name and position of the individual from senior management who introduced the

J5 training, an outline ofthe training content, a List ofall attendees, and copies of all materials

16 distributed at the training.

17

19. Once every six (6) months, to be measured beginning on the date ofentcy oftbi.s

18 Consent Decree and continuing for the duration of the C,onsent Decree, United will notify

19 counsel for the Commission by letter or otl1er written communication whether it has received any

20 requests. from RSSRs for reduced hours accommod:Hions during the preceding six months,

2 I including a summary ofeach such request, and an explanation of how each such request was

22 resolved.

23 MONitTARY RELIEF

24

20. United will pay the gross sum of $600,000 as damages lind in complete

25 satisfaction offhe Commission's claims against United as set forth in its Complaint. The parties

26 expressly agree that the $600,000 currently being held by the United States Government purtuant

27 to the terms of Paragraphs 9 and 1O(a) of the February 23, 2010 Settlement Agreement between

28
- 6-

United and the United States of America (attached hereto as Exhibit B). rnay be applied as an
2 off.set to satisfy in full the $600,000 payment obligation created by this Paragraph 20, 3 notwith.stan.:Jing that some portion ofthe funds currently held by the United States Government
4 may be deducted by the United States General Sen•ices Administration and/or the United St;~tes
5 Department of Justice as a fee or assessment before the funds are released to United for 6 distribution to claimants. This suin, net of any such fees or assessments levied by the United 7 States General Services Administration andlor the United States Department ofJustice, will be 8 allocated by the Commission, at its sole discretion. among the Charging Parties and similarly 9 situated RSSR employees. United shall not have any responsibility to disll·ibute or pay';my
l 0 money as a result of this action and Consent Decree except for the funds that are returned to it
ll from the General Services Administration. net of any fees retained by any agency ofthe United 12 States Government. Each of the individuals designated by the EEOC to receive any portion of 13 this sum shall be required to sign a full release and waiver of the ADA claims that were or could 14 have been brought in this case, ill the fonn attached hereto as Exhibit C. Once completed and 15 upon notification to United by the Commission of the specific sum to be paid by check made out 16 directly to eac.h individual designated by the Commission, United wilt mail checks in the an1ount 17 specified by the commission to the individuals at the addrcs.ses provided by the Commission. 18 One-half of the amount allocated to each individual shall be deemed compensation for lost wages 19 and benefits. This amount will paid on a payroll check, subject to all ~pplicable payroll 20 deductions and withho.ldings, and will be reported on IRS Form W-2. The other half shall be 21 deemed as payment for emotional distress and other non-wage damages. This an1ount wil.l be 22 reported on IRS Form 1099 and will not be subject to payroll deductions and withholdings. In 23 addition a copy ofthe cheeks will be mailed to Evangel ina FieiTo Hernandez, Senior Trial 24 Attorney, EEOC 350 The Embarcadero, Suite 500, San Francisco, CA 94105. Said eheckswill 25 be sent by United within thirty (30) days of transmission ofthe names of the individuals to 26 whom the sum is being allocated. the address of each individual and the amount ofallocation to 27 each individual. The parties exp.ressly acknowledge and agree that, to. the extent that any
28 - 7-

payments that may be required under this Paragraph 20 are payable to individuals whose claims

2 arguably constitute prepetition claims discharged in bankruptcy. such payments shall not be

:>. deemed a waiver of United's position that prepctition claims that were not the subject of a timely

4 notice of claim are in fact extinguished and discharged by the bankruptcy court's January 2006

5 order confirming United's plan of reorganization.

6 RETENTION OF JURISDICTION AND DURATION OF CONSENT DECREE

7

This Consent Decree shall terminate three (3) years from date of entry by the Court,

8 unless the EEOC petitions this Court for an extension of the Decree because of non-compliance 9 by United. If the EEOC asserts that United has not complied with this Decree. the EEOC' shall 10 provide written notification of the alleged breach to United and will not petition the Court for

11 enforcement sooner than thirty (30) days after providing written notification. The thirty day

12 period following written notice shall be used by the parties for good faith efforts to resolve the 13 issue. If the EEOC petitions the Court and the Court finds that United is not in substantial

14 compliance with the terms of the Decree, the Court may extend the Decree.

IS

Respectfully submitted.

16

17

On Behalf of Plaintiff Equal Employment Opportunity Commission:

18

19

Dated: December/(2010

20

21

22

23

28
129~KI~.k I

- 8-

2 h~' ~~

J

EVANGEAFIERRO HERNAND

Senior Trial Attorney

4

5

6

7

8

10

I I

On Behalf of Defendant:

12

13

Dated: DecemberfS: 2010

14

15

COUNSEL FOR UNITED AIR LINES. INC.

SEYFARTH 16

17

18

]9

20

21

22

23
24
It is so ordered.
25

ORDER

26

Dated:~lU

27

28
- 9-

• •

Exhibit A
In general, United expoots and requires .all.Rcser¥ations Sales and Serv:icll Representatives to be able and willing to work his or her full bid shift each week--40 hours for fulHimc RSSRsan<l up to30 hours for part-time RSSRs. Forthose.RSSRs who.C:annotworkall
' of the hours required in the shift bid their seniority can hold and who thus request 11. reo:ll;iction in the numberofhourstbe RSSR is req!lircd to work per week or per day ('Ill an accommodation to address long term orpermaiu:mt medical testrictions confinned by United Medical, Unile<l will in good faith consider such teql!e.~ts on a case•by;,ease ba!lis. [1:1 all such cases, U11ited wit\ engag!: inthe interactive process, taking inti) accoun~ the reasonableness !lfthe request, tbeavailability
()f ()ther effective accommodations, any formal (lbjections that are actually asserted by the Union
representing RSSRs, and any. undue hardship that may be imposed on United as a resul~.of granting the teque!lted aceommooation. United w!U permit reduced-hours schedules as'
acc()lilmodations for.qualifled individuals with disabilities when and to the extent they•cmu;tiMe
reas.on.llblc accomml>dations and do not impose any undue hatdsbip ()!1 tllc:rC()ntplllly. ijowever,
Unit¢, in its sole.di$Cret.i()n, may.offer()lher reas()nabl!1, effective accommodations in jieu ()f
teduced-ltours schedules. when such other ~~,ecommodation~ are :lVailable, United agrees thil.t .its 90-day Transitional Duty Policy will not act as a bar t().tbe
allowance ofan ace()Jnm()dati()il in the form ofa reduced-h()urs schedule, If the RSSR requesting a reduted-hoursaccO!nmodation is classifie(i as a fuJl-(il)le United
RSSR, United may require the RSSR, as a condition precedent ro the granting ()f any such acc()mmodati()n, to submit an in-class trllllsfer for lllld to IICCeplllllY open part-time positimut the Clll)ll()yoo's cwrent work !()Cation which the &SSR can \V.()tk. lfthere are no current part· lime p~>sitl()ns open or being offered by the United, United nevertheless may require theRSSR !() Sl!bmit an in-class transler f()r a part"time opening with United at the employee's current work l~>eation. The absence of open part-time positi<ms, however, will Mt aet a$ a bar to the ' all()wllllce ()fa requested rel;!uced-hours acc()mml)dati()ll..

NotWithstlindillg the foregoing, any request fora permanent or long term reduced·hQI!fS ac.commodationupder which an RSSR would work less than the conttactual minimum schedule !'or parHime RSSR~ under th~ collective bargaining agreement, will be considered an
unreasonable accommodationand will not oo allowed.
2
12~14Slillv.l

• •

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C:orpuHltiutt. tJnl.1cd Air Litll:!o!. lnc __ ~H1d lh~..·it itlliliull::;, pr~di:cc~~P-f:\. \I.O'd rcl~lt.L."(:l n1fjl0fai-itms
(<'ollcctiwly. "United"). United ;ond the United S.ttHcs rm,y t"· rotl:rrcd f<' cnHceriwly ~' !he·
ru:crrALS
United fikd lor Chapter II Jm\lccti<ln Qll Pcccmhcr 1>. 2002. und cmcrnctl
On ilhll.uf An:;u<t 24. 21105. the General Service.< 1\dlllinismnion t"GSII ''). lilcdrir~ fililt /lnll'il<lcd l'r<wf ttf Cluim "!!"in.<t U111tCd in th<· iliM\tnt nf $12.46~.1>1 !\.92 (lllc "U$A
,.:_. ( 'laim"l.
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hy DHS

.I

5. (-jSt\ .prl':!-oCUtly llOiti!\ Stl.9!.··1.927·, 12 i:Jr n.tmt~ t-)_\Vcd (~) UHhcd. )1$- s_i.!C·U'rity un thC" :lfnr~m(.·ntl\lll-.!d r.:ln1nl.... (!llC "Hclt.l F1ttuls1"1.

1•. DHS Jll'cscntly hohls S5~ I, 711.11 "!' hu1Lis <'>II'L'd l<l lln<tcd, '" '".;urlty nn lht
ut(~rcm!.!'ntio.ncd t·luhn~.

AGRU:,\-1 E:\TS

7.

Th~ CiSA Cl~im ,h~ll he• scnk<i und finally rcsulvc<l in the mnount of

SS.l)92;(1t1-6.1'J. 'Wl!hiil -tivc-·d:,y~ ~tt' rhc L!'-.;t.~cution of thi:.--ngn:cnu:nt, the. Unit<:d Stutes and

nnltCd shall C4lllfh.:rHh.+ t_n di::-omi~;;o Wi\11 pn.:_tlldicc the !llHH~r CHf!tittll\!d GcitC'"IM..ti __.ScrviL.'C!o.

6d<1li.li<~lratinn <.,Units:<! Air I. ;pes. Inc .. ('usc No. 10-llOO·IK (Bnnkr. N. f) !ILl, with cnd1 !ii<lc

W hc11r its <>wn <'~>>!>, Tlw ClSA Cl<~illl shall be sutislicd in its entirety and hl Iiiii hY (lJlsct nf

$5}l92Jl%, 1.1 Ugainstlhc Held funds.

~. ThcDJIS l'cm•lty Claim ~!Hill bo s;ni>tictl <nit< entirety and mfull by: l\. Off~cl ~1$551 .n I. II being, hchl hy ()HS us iccm·ity .dcscnhc<l io l'ara~rn~h:(• :tml $~7.\,MDA1 oft he Held Funds; :uul

B. Upon ""t""lu>it•u of <lw OilS Litig;ufnn. offs,·t of$639,,0()0. to the oxtoni ihul

'""h nfl:'c! is constsl,·nt wilh Ihe' oulclltnc <lf the PHS Litigation. lfoffscraf
$659.0(10 tn 'tllv~\):(nf tht• tJnilt:d St«\IC)-4 i~- 1101 ~.JC!H~;i;.;lcm wir:h- the; ultlmurl!

uuteom_L·-ol' lhC DHS lar-ig:Hion, the Unil-e.d Stutc~ agt·ec:s tQ m;Jk!:' rco_l~ol.l-Sblc

C'ffi.m.,-., tn r-...'tllnt .;my such i'luJd... owed h') Urli!Cd ~is lt f_csu 11 M' the nHS Lilip.illion will1in .lO d~tv" ;1ftcr it ht.:l·vrnn fi'md

9,

Th¢ t:.l1tla-l En;lplclymciH Opf'lJ!'IllliHV CuHuftli::;i'Cllt »1~1 UniiCll }II':C prc~-cnHy

nH·-\-fiH·d in liTi¢i11i\m iti th~.·-- lJ1litcd ~t:Jic~ Di.. nicl Cnt}i'l fm the ~\--~!ern Pn:lnrt nf Washingtot-l. Nn. Hh-01407 TSZ (lh" prtH.:Ccfli11g~. ilu:lutJlrlg. ouly l'C'.>HI1ir,g aJ1pc~h; 1 art> dcfin¢(1 ~IS lht• ..Scilt~k Litivnt.inu") Th~ _EJ .O_C h~1~ a lik'(! ~l{hninbtr:uivt C'X()Cn~t· daim :against Unw:d t\:luling uHhc

St:nttil.' Litigtnlnn in th\.· tmlnunt ofS6fltt{lOO Olu.· ··E!~O(' 1\tlminisu·utiVc f·:,.;p~:ns-~.;Cljlim"). The Unih,~d ·srmt.·~ l'>lwH !x· ..·ntl1lcd h' lh~ld thiS: !'6oO:OoO .unlit the tim1l <.1-isji\)S.itlrm .ur Jhc S\!';Hth.' Li.ti_!.!minn. ThL· hFOC--A<hl~illi~trali~·-~ Fxpt'D"I! Cl:1iH1 Shall-he salhlt-~.:d hy appiyi.np $'60!J;U0t) L~f 'the- 1kltl Fmid~ ~tgnin-st ;111y -s,·tthHncm ur _jtfdgintnt in the Sc·unh..·- Liligmiun. whhoul mhcrw.ist:limilinJ.!. diintoi~liing t)nitli.;(•ting 'ihl! EEOC's or U11itrd~~ right:-. hll-h~ S1::a~lc LHigpti~l1l. Shu~ld die l)!fnllk Lhigt~~ini1 th.' rcSt\lvcd in llnil~th (n\·nr in' it!IO cnt-i.r¢ty.~ the-- El:OC ,,drninlstnldvc E.xr.~o:lll'<: Claim ~lmll be \-\lithdrti\\·H r.tntt .\hL' United. Srutc" lJgr~cs w-mukc n:...J. :oollolhk L~tl'ons; lt)
lr<msfC'.r 1hc rcn1:1intn_j!_· st~oo.onu 1n Uni_ted wirhiu 10 days ,,f-;t judgm~nt in pnit\!d's !i!V·or
hccornin~ fli'Utl_
Ill, The lltHt<'<i S!HJC> ,h,tll tnlllsfer H• UrlHcd the rt•nuti:ntlcr llf rite rtcld Furlds with rh~ CXC<'ption ''f: (u) S<>OU,(){JCI whkh ll'i!l rtnwrn held WI accotlnl 111' the EEOC t\dminiwativc 1-:xpc-Hs_c Ch1irn: unr.l.fb) ,.;·h:'iCJ.nnn whlt:h-\Vill r~n1ltin lu.·_ld on-nc:c_t.l.mlt o:fthc- DHS Utigmion. The ~llll!ltm'! of Bc-kl Fund~ lhur will he n~htmtd lo Unittd i!\ 1.'Sii11'1HICt,l at-$1 :7H9Js27.M( The Uni~t:{l Stith.':- agrc--~;-; to t'Mkc rcaswwhlt: cftii:i't.~ IC11:iil11pkil~ Jraus1\:r of1'UI.:Inm'kt')l!llf tn United wJd1mJtt
t I, The partie:-. ngrcc tlw-t. upon 't:omplcHon of the- (JIT!iocts .!'!(;t fnrth il, P"ntf.t\'41p.h~ 7 thrrmgh ~ nbovt\ ,tht· (i.~ll ('lnim. the DHS l'rnllliv C'l;rim. the DHS Cushlm> C'l;tim Und lhc J~Et)(' AdJnini~lralivc E-x-pen~~.· t'lain! ~hall 'be d~'.:tncd :-'~11islicd:i'lt'ld UilltCd sh:ilt -h<lVJ.! 'JiO nu~tht'r liabiliry on. and :-.hall· hi-! n.::kn~'tl f'fPI11..a11y ...ud\ -dllitn~. Th...• P:t~ttk~ ·tl!rthcr agt:c~ '!lttJ~ in ~..·x..:han~t: j~;·r tht.· Uuil..:_d_ SIHh.~. · <~Jl.n.'t:m"•;H ltt tilt.' i1tT..ct"' and. :ran-slt:1·s sJ;;1 /bnl1 in par;l!trapl'tS 7 IIU'fHl!:(h lH h~J"rdn. t-:ni'icd -'hull n..·!~..\1~C <llld hold lllll rn:lc_:ss th~ l!H_1!!.'1 S.t-aiC!:t for ttt1y daim rclati11_g
ltt rhi.· Held Fttnds. in~.·luJinp. With;~'{u-f'lllllil~lll(iit. <ir1~· r.•laiin fm'paym'l.!n_t__on intt'fl')tlh>~t 11111)' l1~vc.
m.:rrucd_.with rc-~p1o!i..'t to-cluims fi·)r p~lynu:nt nf Otc Hdd Fund_s
.1

11. n.li'~ Ag_rk!'~lllei1l (~\[l)i.litutc-io th'L.' cmirc. I,:(HHI~IClC llllc.f -lni_\tgnUl.."d :-a:t11:111Cn~ ur ~·ch
and t'H~JY tl.·nn lll1d pl'm'ISit,li'l :1gH:~o·d !n by ;mtl ;H!)mlg th~o• PMti;:.,. and. i:-. J1t1T :._ul~CI.'!_ t~ ~ny ~..~(mdititut n\lt prltvidC(I ti.w ltC:t\.:i11 ,rhts A!!rc.!t;mc:flt ~l•p~.;r,.,t.'!t1c~ ~,;:,~y (3rinr ~"~\JP.:~~:Jlt:JtivliS. p'rntni~L~, N wni·ranllt::!- (or111 i'~' otlh~J·wi~~-) miad\!" by mly pafly. un(l nti pur-ry !'!_hall he liahl:t nr lwund w ~lny Qt·hC'l" pnny lht imy 't111ior ni-pn.·~~mution. prom~.!H.: [if warhlnly {u-ral tif othcnvt'iC) \,~\l'\!PI for thnsr c:qln.~s:-:ly S~.r't frinh in Ihis Agn.·~mc:nt. Thls Agn.:'l.'!ll..:"Ht'!\l.mtl n(JI hi.: mi.X.iHi~t!'in
rdYin!!. !Hl its nwn Jud,g:n\cnlo ht:lit.•f Jlf'ld kllf)\\'[,::(lgc nnd, ~a.•ulpp-Hcahlc. on tha_l Of~Uy liltH-'tf11C)' it hm· J'ctnlni:-d 10 ~'C!lrl::.;c-m it ill thi~ mnncr. Nn Party is rPlying_ un ~u1y rtprcsenliuion or shttclrlCn1 mold_~; by .a'ny fHh~:r P~,ny tll' any person rcprCS!.!lll'ing 1>iUCh nlhcr Putt)! except 11.>r' -~he
14. ft is.. u~knu.wlcdgc,! th;H eaCh l1ar:y. with the tiS!<.i!iHuH:c t-,fcumpl,'tcnt-\."otlfl:ie!. hn~ P:irticlf}~llcd in tho:- Jrnning vf thi:i Ag_n:cmcnL Tlu: Pt1r'1ics. ugrcc 1hm thi~ AgrcCtitl.'llt has flS;'~n ncgf.'lik'\ICd -at urm~ length by )'mnic.~'({f \!t.l~!l\1 hurgo\in.in~ jltlWCI'. •.:m:h nf wh'-'lfl\- w1.1~ l\:pn.'iK:t11tftJ
hy ~omp~h:nt--~·ullnsd of-il:i ow1\ ~hh'l.\~ing: No1llt~ 'of-lhc Parties hCn;li) Shall he: C{)J_l!OidL:rt'd Hl:'bc
th..: ·lki1fh:T nf ihi.s 1\-t~r~-cmcnt oi· :my prl't\'L'ii-nl1 l'h:r~nf ftw the purpt.,sc of nny !<iUil.ufc_. Cf-lsc ht~ nrridc nf hitcllWcHttion t5r t:ims:u•w:llon lh~:u would Pr n1ighl t"IHI!<iC ~ny pft,vi!'liiti1 tn he cntrslrulld a~~rin:-.r lhl.." drnncr ht·rcof_
I"i ·r h-.: fl,)rtic:'O !!Xprt:ssly ~lcrl~rrc· :1nti t\;pr.~~~nt thur thc.·y !1>JVC' n:;Jd thi's A!!i't'~ttttnt <lll~1 rhHT the)"' huvc. l.'nnstlltcd t\ Jth tlil·fr· n:'Jli::eti\,c 1.:oun~d !"~~;Jrdi-nJJ -th~ ntc-nnfn!f of !he· tl.'rilll\0 <rnd Cl)t1ihth')ll:>; cwHniiwd lt~rL'i\1. Th~ F1:1rri~.~. . rurthcr u-xpr~s:-ly dcdnrc CJnd .r~rres.!.!_JHlhaT they full~- undcnnand th~ c.·on!cll! unt.f c-fft:d ut~Ihis Agn:-cmenl.lhat they i!ppltwc Uiltfa~o:l:l~p-lthc tCiiils

an1l witliOlH ~.::mnpulstrm

11\ WITNESS WHEREOF, Ihi> t\gr<~m.:nt has"""" t:xectt!<'tl hy the llndcr<ignctl:.' of

Fohnmr} 04~- 21110

TONY WEST 1\:o:!oii~.liil.ltl /\1tcm1l.'Y 'ci~n~..•ru·l
A:--sistanl Dii.'C'CWr
M/\IUiARET M. '\il'WEl..L Triul/\uorn"·y lJniktl Stntcs DCpattm~nt of Jus1kc Civil D11 ision, C<>n11ncrcml Lllil!'lllnn llranch IIIlO L Srrcct NW. Room lllnt·i Wor,,hLI1glnn. D.C J(X)ll~
,\.I'JOR'IEYS FOR 'l'fll·. UNI 1'1'0 STI\ n;s Of
.<\ MI:Ril'.\, "" bchLIIf t>f lhdiE'IFRI\ I.

SI'RVf.CFS :\llMI"ISlR!\TION, the DJ'f'M( IMINI OF IIOMFI.i\Nfl SECURITY cond th' J:(,ll!l\1. I MPLOYMENT
<ll'l'< >HTI !!\ITY COMMJSSJON

• •

EXHIBITC RELEASE AGREEMENT

I,

__, for and in consideration of the rights granted to me in the Consent1Decree

entered by the Court in EEOC v. United Airlines, Inc., Case No. C-06-01407 TSZ, on behalf of

myself, my heirs, assigns, executors, and agents, do hereby forever release m1d dischargt United

Airlines, Irtc. ("United Airlines"), and all past and present parents, subsidiaries, shareholders,

officers, agents, employees, and representatives of United Airlines. as well as all suc~rs and

assignees of United Airlines, from any and all claims and causes of action concerning denial of

the opportunity to work a reduced schedule which I now have or ever have had under Title I of

the Americans with Dis(lbilities Act, 42 U.S.C. § 12W11ir seq. as of the date of this Release

Agreement, including, as a result of or arising from the subject matter and claims which were or

which could have been asserted in EEOC v. United Airlines, Inc., Case No. C-06-01407 TSZ.

Oate

[name}

1291ft44£1\·.l

 
 1

2

3

4

5

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

6

AT SEATTLE

7 EQUAL EMPLOYMENT OPPORTUNITY 8 COMMISSION,

9

Plaintiff,

10 v.

11 UNITED AIRLINES, INC.,

12

Defendant.

C06-1407Z MINUTE ORDER

13

14

The following Minute Order is made by direction of the Court, the Honorable Thomas

S. Zilly, United States District Judge:

15 (1) Defendant’s Motion for Summary Judgment, docket no. 46, is DENIED.
16 There are material issues of fact as to (1) the fundamental job duties of the employment position at issue and (2) what constitutes a reasonable accommodation and whether special
17 circumstances warrant a finding that a particular accommodation is reasonable even if it conflicts with the CBA.

18 (2) Pursuant to Rule 56(d), the Court holds as a matter of law, that United’s offer
19 of a three-year unpaid leave, with medical benefits and collective seniority, is not a “reasonable accommodation” for a disabled claimant that does not have a temporary medical
20 condition.

21

(3) The Clerk is directed to send a copy of this Minute Order to all counsel of

record.

22 Filed and entered this 21st day of March, 2008.

23 BRUCE RIFKIN, Clerk

24

25

s/ Claudia Hawney

By

26

Claudia Hawney

Deputy Clerk

MINUTE ORDER 1–

 
 Case 2:06-cv-01407-TSZ Document 173 Filed 06/05/09 Page 1 of 10

1

The Honorable Thomas S. Zilly

2

3

4

5

6

7

8

UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF WASHINGTON

9

AT SEATTLE

10 EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION, 11

12

Plaintiff,

NO. C 06-01407 TSZ
COMPLAINT IN INTERVENTION; JURY DEMAND

13

and

14 MARIA LOVELL and KIMBERLY
SULLIVAN, 15

16 vs.

Plaintiff-Intervenors

17

18 UNITED AIRLINES, INC.,

19

Defendants.

20 COMPLAINT IN INTERVENTION
21 For their complaint in intervention, Plaintiff-Intervenors MARIA LOVELL and
22 KIMBERLY SULLIVAN, hereby allege:
23

24

25 Complaint in Intervention

1

26 (C 06-01407 TSZ)

27

28

CARL M. VARADY ASB Tower
1001 Bishop Street, Suite 2870 Honolulu, Hawai‘i 96813 Telephone: 808 523-8447 Facsimile: 808 523-8448
e-mail:carl@varadyalaw.com

Case 2:06-cv-01407-TSZ Document 173 Filed 06/05/09 Page 2 of 10

1

NATURE OF THE ACTION

2

This action arises under Title I of the Americans with Disabilities Act of 1990 and Title I

3 of the Civil Rights Act of 1991. This action seeks to correct prohibited discrimination on the

4 basis of disability by Defendant UNITED AIRLINES, INC., (hereafter “UAL”). Plaintiff-

5 Intervenors MARIA LOVELL andMBERLY SULLIVAN,hereafter collectively “Named

6 Plaintiffs’ or “Plaintiff-Intervenors”), are similarly situated with other UAL employees who were

7 adversely affected by an unlawful and prohibited policy and practice, instituted by UAL

8 beginning April 1, 2003, whereby UAL refused them reasonable accommodation in the form of

9 modified work schedules of less than thirty (30) hours and five (5) days per week. On that date,

10 UAL began implementing a policy and practice of requiring the Named Plaintiffs and all other

11 similarly situated employees to work a minimum of thirty (30) hours and a minimum of five (5)

12 days per week. UAL’s policy and practice resulted in UAL acting and refusing to act on grounds

13 generally applicable to the all disabled employees who could not work thirty (30) hours and a

14 minimum of five (5) days per week. UAL acted on grounds generally applicable to the all such

15 employees through the implementation of its unlawful policy and practice. UAL refused to act

16 on grounds generally applicable to these employees through its refusal to provide reasonable

17 accommodation in the form of reduced work hours, which resulted in involuntary retirement,

18 unpaid leave or otherwise adverse employment action for Lovell and Sullivan and other

19 employees with disabilities subjected to UAL’s unlawful conduct.

20

JURISDICTION AND VENUE

21

1. This Court has jurisdiction over the subject matter of this action pursuant to 28

22 U.S.C. §§ 1337, 1343 & 1345. This action is authorized by that Americans with Disabilities Act

23 (“ADA”) 42 U.S.C. § 12117(a), which incorporates Title VII of the Civil Rights Act of 1964, 42

24 U.S.C. §§ 2000e5(f)(1) & (3) and the Civil Rights Act of 1991, 42 U.S.C. § 1981a.

25 Complaint in Intervention

2

26 (C 06-01407 TSZ)

27

28

CARL M. VARADY ASB Tower
1001 Bishop Street, Suite 2870 Honolulu, Hawai‘i 96813 Telephone: 808 523-8447 Facsimile: 808 523-8448
e-mail:carl@varadyalaw.com

Case 2:06-cv-01407-TSZ Document 173 Filed 06/05/09 Page 3 of 10

1

2. Venue in this district is appropriate, based on the existing action initiated by the

2 Equal Employment Opportunity Commission, which alleges that unlawful employment policy

3 and practice at issue occurred within the Western District of Washington.

4

PARTIES

5

3. Plaintiff MARIA LOVELL (hereafter “Lovell”) was employed by UAL as a

6 reservation and sales representative at UAL’s reservation center located in Honolulu, Hawai‘i,

7 where she currently resides.

8

4. Plaintiff KIMBERLY SULLIVAN (hereafter “Sullivan”) is employed by UAL as

9 a reservation and sales representative at UAL’s reservation center located in Honolulu, Hawai‘i,

10 where she currently resides.

11

5. Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (“EEOC”)

12 is the agency of the United States of America charged with administering, interpreting and

13 enforcing Title I of the ADA and initiated this action under its express statutory authority to do

14 so.

15

6. UNITED AIRLINES, INC, (“UAL” or “Employer”), operates an airline business,

16 including, without limitation, within the Western District of Washington, and has more than 15

17 employees.

18

7. At all times relevant to this Complaint in Intervention, UAL has continuously

19 been engaged in an industry affecting commerce within the meaning of 42 U.S.C. §§ 12111(5) &

20 12111(7) of the ADA, of Title VII, which incorporates 42 U.S.C. §2000e(b), (g) and (h).

21

8. At all times relevant to this Complaint in Intervention, UAL has been a covered

22 entity under 42 U.S.C. § 12111(2) of the ADA.

23

9. At all times relevant to this Complaint in Intervention, the acts taken by UAL’s

24 agents, officers and employees described in this complaint were performed within the course and

25 Complaint in Intervention

3

26 (C 06-01407 TSZ)

27

28

CARL M. VARADY ASB Tower
1001 Bishop Street, Suite 2870 Honolulu, Hawai‘i 96813 Telephone: 808 523-8447 Facsimile: 808 523-8448
e-mail:carl@varadyalaw.com

Case 2:06-cv-01407-TSZ Document 173 Filed 06/05/09 Page 4 of 10

1 scope of their employment and on behalf of UAL.

2

FACTUAL ALLEGATIONS

3

Plaintiff Lovell

4

10. Named Plaintiff Lovell was first employed by UAL on May 20, 1976, as a

5 reservations, sales and service employee, who worked forty (40) hours per week at UAL’s

6 Honolulu offices. Ms. Lovell’s work met or exceeded her employer UAL’s expectations.

7

11. Lovell was diagnosed with myasthenia gravis in 1983, a disease that caused her

8 to be limited in one or more of her major life activities.

9

12. Lovell requested and was provided a modified work schedule by UAL, as a

10 reasonable accommodation for her disability. The modified work schedule called for her to work

11 Monday, Tuesday, Thursday and Friday from 8:00a.m.-12:00 p.m.

12

13. After notifying Lovell and other similarly situated UAL employees in writing in

13 March 2003 that it would do so, on April 1, 2003, UAL began enforcing a formal policy and

14 practice that required all part-time employees to work least thirty (30) hours and five (5) days

15 per week and all full-time employees to work at least 40 hours per week. The formal policy and

16 practice was applied to Lovell and other disabled employees in the same manner by UAL.

17 Through the formal policy and practice UAL acted on grounds generally applicable to all

18 disabled UAL employees.

19

14. Although Lovell’s work met or exceeded expectations, on or about April 1, 2008,

20 UAL demanded that she work a minimum of thirty (30) hours and five (5) days per week,

21 pursuant to its policy and practice. When she indicated she could not do so because of her

22 disability, Lovell was forced to select between early involuntary retirement and unpaid leave, in

23 the form referred to by UAL as Extended Illness Status (“EIS”).

24

15. Lovell selected involuntary retirement in lieu of EIS.

25 Complaint in Intervention

4

26 (C 06-01407 TSZ)

27

28

CARL M. VARADY ASB Tower
1001 Bishop Street, Suite 2870 Honolulu, Hawai‘i 96813 Telephone: 808 523-8447 Facsimile: 808 523-8448
e-mail:carl@varadyalaw.com

Case 2:06-cv-01407-TSZ Document 173 Filed 06/05/09 Page 5 of 10

1

16. April 3, 2003, was Lovell’s last day of work for UAL.

2

17. If offered a modified work schedule that accommodated her disability after April

3 3, 2003, Lovell would have continued working for UAL.

4

18. Granting Lovell’s request for modified work schedule of less than thirty (30)

5 hours and five (5) days per week would not have caused UAL significant difficulty or expense,

6 when considered in light of UAL’s size, financial resources and the nature and structure of its

7 operation.

8

19. Lovell has filed a charge alleging disability discrimination with the EEOC office

9 in Honolulu, Hawai‘i, been issued a right to sue and has otherwise satisfied all jurisdictional

10 requisites to suit in this Court.

11

20. More than two years after being forced to take involuntary retirement and filing

12 her charges of disability discrimination with the EEOC, which are the subject of this lawsuit,

13 UAL offered to reinstate Lovell to active employment, on or about August 3, 2005, and to

14 accommodate her disability by allowing her to work twenty (20) hours per week. However, UAL

15 refused to rescind its policy and practice of demanding a thirty (30) hour five (5) day work week,

16 which Lovell understood was still in effect and being applied to hundreds of other disabled UAL

17 employees like herself.

18

21. As Lovell’s primary objective in filing the EEOC charges was to obtain agreement

19 from UAL to rescind this policy, she rejected UAL’s offer, because it did nothing to alleviate the

20 effects of UAL’s continued discrimination against Lovell’s disabled co-workers. In addition, the

21 compensation offered by UAL was insufficient to compensate Lovell for the consequences of

22 UAL’s unlawful disability discrimination directed to her as a result of its policy and practice.

23

22. The Hawai‘i Civil Rights Commission is a Fair Employment Practices “agency

24 with subject matter jurisdiction over the charges” initiated by Lovell with the EEOC, as defined

25 Complaint in Intervention

5

26 (C 06-01407 TSZ)

27

28

CARL M. VARADY ASB Tower
1001 Bishop Street, Suite 2870 Honolulu, Hawai‘i 96813 Telephone: 808 523-8447 Facsimile: 808 523-8448
e-mail:carl@varadyalaw.com

Case 2:06-cv-01407-TSZ Document 173 Filed 06/05/09 Page 6 of 10

1 in 29 C.F.R. § 1601.13.

2

23. Lovell’s timely filing with the EEOC, receipt of the right to sue and participation

3 as a plaintiff in this matter provide a jurisdictional basis for all other similarly situated employees

4 to participate in the present action, insofar as their claims arose no more that 300 days prior to the

5 date of Lovell’s charge.

6

Plaintiff Sullivan

7

24. Named Plaintiff Sullivan was first employed by UAL on January 14, 1991, and

8 worked forty (40) hours per week at UAL’s Honolulu offices. Ms. Sullivan’s work met or

9 exceeded her employer UAL’s expectations.

10

25. Sullivan injured her back on September 18, 2000, causing her to be limited in one

11 or more of her major life activities.

12

26. Sullivan requested a modified work schedule by UAL of not more than twenty (20

13 hours) per week, as a reasonable accommodation for her disability, and was permitted for a

14 period of time to work such a modified schedule.

15

27. Although Sullivan’s work met or exceeded expectations, UAL demanded that she

16 work a minimum of thirty (30) hours and five (5) days per week pursuant to its policy and

17 practice. When she indicated she could not do so, Sullivan was forced by UAL to leave work on

18 involuntary EIS.

19

28. March 17, 2005, was Plaintiff Sullivan’s last day of work before she was

20 involuntarily forced to take EIS.

21

29. On March 25, 2008, UAL informed Sullivan by letter that she would be

22 terminated from work on May 26, 2008, due to her inability to comply with UAL’s mandatory

23 30- hour 5-day per week policy and practice, and the expiration of her three-year EIS period.

24

30. If offered a modified work schedule that accommodated her disability by

25 Complaint in Intervention

6

26 (C 06-01407 TSZ)

27

28

CARL M. VARADY ASB Tower
1001 Bishop Street, Suite 2870 Honolulu, Hawai‘i 96813 Telephone: 808 523-8447 Facsimile: 808 523-8448
e-mail:carl@varadyalaw.com

Case 2:06-cv-01407-TSZ Document 173 Filed 06/05/09 Page 7 of 10

1 permitting her to work no more than twenty (20) hours per week, Sullivan would be able to

2 continue working for UAL.

3

31. Granting Sullivan’s request for modified work schedule would not have caused

4 UAL significant difficulty or expense when considered in light of UAL’s size, financial

5 resources, and the nature and structure of its operation.

6

32. Sullivan has filed a charge alleging disability discrimination with the EEOC, and,

7 based on Named Plaintiff Lovell’s charge, has satisfied all jurisdictional requisites to suit in this

8 Court.

9

FIRST CLAIM FOR RELIEF

(Title I of the ADA:42 U.S.C. § 12112(a))

10

33. Plaintiff-Intervenors incorporate by reference all allegations set forth in this

11

complaint.

12

34. By its policy and practice, UAL has engaged in unlawful conduct in violation of

13

Title I of the ADA, 42 U.S.C. § 12112(a).

14

35. UAL’s policy and practice includes, but is not limited to, failure to provide

15

reasonable accommodation to Plaintiff-Intervenors and similarly situated individuals in the form

16

of reduced work schedules of less than thirty (30) hours and five (5) days per week.

17

36. UAL’s policy and practice have resulted in adverse employment action toward

18

Plaintiff-Intervenors, including without limitation, termination of Plaintiff-Intervenors’

19

employment relationship with UAL. These employment practices also include, without

20

limitation, UAL’s rescission of work schedules of less that thirty (30) hours and five (5) days per

21

week, which had previously been provided to Plaintiff-Intervenors and/or could have been

22

provided to Plaintiff-Intervenors as reasonable accommodation of their disabilities. UAL’s

23

employment practices also include, without limitation, forcing Plaintiff-Intervenors to take

24

25 Complaint in Intervention

7

26 (C 06-01407 TSZ)

27

28

CARL M. VARADY ASB Tower
1001 Bishop Street, Suite 2870 Honolulu, Hawai‘i 96813 Telephone: 808 523-8447 Facsimile: 808 523-8448
e-mail:carl@varadyalaw.com

Case 2:06-cv-01407-TSZ Document 173 Filed 06/05/09 Page 8 of 10

1 involuntary unpaid leave in the form of EIS, at the end of which Plaintiff-Intervenors are forced

2 involuntarily to return to a work schedule of at least thirty (30) hours and five (5) days per week

3 or are terminated from employment.

4

37. UAL’s policy and practice has deprived Plaintiff-Intervenors of equal employment

5 opportunities and otherwise adversely affects their status as employees because of their

6 disabilities.

7

38. UAL’s unlawful policy and practice was intentional.

8

39. UAL adopted its unlawful policy and practice with malice or with reckless

9 indifference to the federally protected rights of Plaintiff-Intervenors and has caused and

10 continues to cause Plaintiff-Intervenors irreparable harm.

11

RELIEF ALLEGATIONS

12

40. Plaintiff-Intervenors incorporate by reference all allegations set forth in this

13 complaint.

14

41. Plaintiff-Intervenors have no plain, adequate or complete remedy at law to redress

15 the wrongs alleged herein, and can only secure complete and adequate relief through the

16 injunctive relief, declaratory relief and other equitable relief sought in this action. Plaintiff-

17 Intervenors and have suffered and will continue to suffer irreparable injury from UAL’s unlawful

18 policy and practice.

19

42. UAL’s unlawful policy and practice has caused and continues to cause Plaintiff-

20 Intervenors substantial losses in earnings, promotional opportunities and other employment

21 benefits, in an amount to be determined at trial.

22

43. Defendant acted or failed to act as herein alleged with malice or reckless

23 indifference to the federally protected rights of Plaintiff-Intervenors. Plaintiff-Intervenors are

24 thus entitled to recover punitive damages in an amount to be determined at trial.

25 Complaint in Intervention

8

26 (C 06-01407 TSZ)

27

28

CARL M. VARADY ASB Tower
1001 Bishop Street, Suite 2870 Honolulu, Hawai‘i 96813 Telephone: 808 523-8447 Facsimile: 808 523-8448
e-mail:carl@varadyalaw.com

Case 2:06-cv-01407-TSZ Document 173 Filed 06/05/09 Page 9 of 10

1

2

PRAYER FOR RELIEF

3

WHEREFORE, Plaintiff-Intervenors request relief as follows:

4

1. A preliminary and permanent injunction against UAL and its directors,

5

officers, owners, agents, successors, employees and representatives, and

6

any and all persons acting in concert with them, from engaging in each of

7

the unlawful policy and practice set forth herein;

8

2. A declaratory judgment that the policy and practice complained of in this

9

complaint in intervention are unlawful and violate Title I of the ADA, 42

10

U.S.C. § 12112(a);

11

3. An assignment of Plaintiff-Intervenors to those jobs they would now

12

occupy but for UAL’s unlawful policy and practice;

13

4. An adjustment of the wage rates and benefits for Plaintiff-Intervenors to

14

that level which Plaintiff-Intervenors would be enjoying but for UAL’s

15

unlawful policy and practice;

16

6. Equitable relief in the form of back-pay, front-pay and benefits the

17

Plaintiff-Intervenors otherwise would have earned but for UAL’s unlawful

18

policy and practice;

19

7. In addition to the injunctive, declaratory and equitable relief requested, all

20

damages that individual Plaintiff-Intervenors have sustained as a result of

21

UAL’s unlawful policy and practice, including general and special

22

damages resulting from UAL’s unlawful policy and practice;

23

8. Exemplary and punitive damages in an amount commensurate with UAL’s

24

ability to pay and to deter future conduct;

25 Complaint in Intervention

9

26 (C 06-01407 TSZ)

27

28

CARL M. VARADY ASB Tower
1001 Bishop Street, Suite 2870 Honolulu, Hawai‘i 96813 Telephone: 808 523-8447 Facsimile: 808 523-8448
e-mail:carl@varadyalaw.com

Case 2:06-cv-01407-TSZ Document 173 Filed 06/05/09 Page 10 of 10

1

9. Costs incurred, including reasonable attorneys’ fees, to the extent

2

allowable by law;

3

10. Pre-Judgment and Post-Judgment interest, as provided by law; and

4

11. Such other and further legal and equitable relief as this Court deems

5

necessary, just and proper.

6

JURY DEMAND

7

Pursuant to Fed. R. Civ. Pro. 38(b), Plaintiffs hereby demand a jury trial of the issues

8 triable by a jury in this matter.

9

Signed in Honolulu, Hawai‘i, this 4th day of June 2009.

10

11

/s/ Carl M. Varady

Carl M. Varady

12

Thomas R. Grande

Attorneys for Plaintiffs

13

Admitted Pro Hac Vice

14

Local Counsel:

15

/s/ Melton L. Crawford

Melton L. Crawford, WSBA #22930

16

Katrin E. Frank, WSBA #14786

Joseph Shaeffer, WSBA #33273

17

MacDonald, Hoague & Bayless

705 Second Avenue, Suite 1500

18

Seattle, Washington 98104

Tel. 206.622.1604

19

Fax 206.343.3961

melc@mhb.com, maryf@mhb.com

20

21

22

23

24

25 Complaint in Intervention

10

26 (C 06-01407 TSZ)

27

28

CARL M. VARADY ASB Tower
1001 Bishop Street, Suite 2870 Honolulu, Hawai‘i 96813 Telephone: 808 523-8447 Facsimile: 808 523-8448
e-mail:carl@varadyalaw.com

 
 U.S. District Court United States District Court for the Western District of Washington (Seattle)
CIVIL DOCKET FOR CASE #: 2:06-cv-01407-TSZ

Equal Employment Opportunity Commission v. United Air Lines Inc Assigned to: Judge Thomas S. Zilly Case in other court: 08-35682 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 09/28/2006 Date Terminated: 12/17/2010 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by John Freeman Stanley EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (WA) SEATTLE DISTRICT OFFICE 909 FIRST AVE STE 400 SEATTLE, WA 98104-1061 206-220-6896 Fax: 206-220-6911 Email: JOHN.STANLEY@EEOC.GOV TERMINATED: 10/15/2007 LEAD ATTORNEY

Kathryn Blaire Olson EQUAL EMPLOYMENT OPPORTUNITY COMMISSION SEATTLE DISTRICT OFFICE 909 FIRST AVE STE 400 SEATTLE, WA 98104-1061 206-220-6883 Email: kathryn.olson@eeoc.gov TERMINATED: 05/29/2007 LEAD ATTORNEY

William R. Tamayo US EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 350 THE EMBARCADERO STE 500 SAN FRANCISCO, CA 94105-1260

415-625-5645 Fax: 415-625-5657 Email: william.tamayo@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cindy S. O'Hara US EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 350 THE EMBARCADERO STE 500 SAN FRANCISCO, CA 94105-1260 415-625-5653 Email: cindy.ohara@eeoc.gov TERMINATED: 02/04/2008
Evangelina Hernandez US EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 350 THE EMBARCADERO STE 500 SAN FRANCISCO, CA 94105-1260 415-625-5622 Email: Evangelina.Hernandez@eeoc.gov ATTORNEY TO BE NOTICED
Molly Brye Powell US EQUAL OPPORTUNITY COMMISSION (WA) 909 1ST AVE STE 400 SEATTLE, WA 98104 206-220-6892 Email: molly.powell@eeoc.gov ATTORNEY TO BE NOTICED
Raymond T Cheung US EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 350 THE EMBARCADERO STE 500 SAN FRANCISCO, CA 94105-1260 415-625-5649 Email: raymond.cheung@eeoc.gov ATTORNEY TO BE NOTICED

Plaintiff Leialoha Anderson TERMINATED: 03/08/2010
Plaintiff Carole Barnes TERMINATED: 03/08/2010
Plaintiff Yolanda Busch TERMINATED: 03/08/2010
Plaintiff Ronna Chiaroni TERMINATED: 03/08/2010
Plaintiff Requicha Clemons TERMINATED: 03/08/2010
Plaintiff

Teri L Healy EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 909 FIRST AVE STE 400 SEATTLE, WA 98104-1061 206-220-6883 Fax: FAX 220-6911 Email: teri.healy@eeoc.gov TERMINATED: 10/15/2007
represented by Carl M Varady LAW OFFICE OF CARL M VARADY ABS TOWER 1001 BISHOP STREET SUITE 2870 HONOLULU, HI 96813 808-523-8447 Email: carl@varadylaw.com ATTORNEY TO BE NOTICED
represented by Carl M Varady (See above for address) ATTORNEY TO BE NOTICED
represented by Carl M Varady (See above for address) ATTORNEY TO BE NOTICED
represented by Carl M Varady (See above for address) ATTORNEY TO BE NOTICED
represented by Carl M Varady (See above for address) ATTORNEY TO BE NOTICED

Kathleen Cobb TERMINATED: 03/08/2010
Plaintiff Kevin Comaskey TERMINATED: 03/08/2010
Plaintiff Starris Dean TERMINATED: 03/08/2010
Plaintiff Deboray Donovan TERMINATED: 03/08/2010
Plaintiff Pamela Dronsfield TERMINATED: 03/08/2010
Plaintiff Sheila Gumbs-Daniel TERMINATED: 03/08/2010
Plaintiff Lorene Imamura TERMINATED: 03/08/2010
Plaintiff Rachel Kam TERMINATED: 03/08/2010
Plaintiff Valerie Konow TERMINATED: 03/08/2010
Plaintiff

represented by Carl M Varady (See above for address) ATTORNEY TO BE NOTICED
represented by Carl M Varady (See above for address) ATTORNEY TO BE NOTICED
represented by Carl M Varady (See above for address) ATTORNEY TO BE NOTICED
represented by Carl M Varady (See above for address) ATTORNEY TO BE NOTICED
represented by Carl M Varady (See above for address) ATTORNEY TO BE NOTICED
represented by Carl M Varady (See above for address) ATTORNEY TO BE NOTICED
represented by Carl M Varady (See above for address) ATTORNEY TO BE NOTICED
represented by Carl M Varady (See above for address) ATTORNEY TO BE NOTICED
represented by Carl M Varady (See above for address) ATTORNEY TO BE NOTICED

Melissa Mahelona TERMINATED: 03/08/2010
Plaintiff Solomom Makalena TERMINATED: 03/08/2010
Plaintiff Ivan Montelegre TERMINATED: 03/08/2010
Plaintiff Pamela Olivas TERMINATED: 03/08/2010
Plaintiff Susan Quimby TERMINATED: 03/08/2010
Plaintiff Charlotte Travis TERMINATED: 03/08/2010
Plaintiff Linda Tsutsumi TERMINATED: 03/08/2010
Plaintiff Katherine Wong TERMINATED: 03/08/2010
V. Intervenor Plaintiff Maria Lovell TERMINATED: 03/08/2010

represented by Carl M Varady (See above for address) ATTORNEY TO BE NOTICED
represented by Carl M Varady (See above for address) ATTORNEY TO BE NOTICED
represented by Carl M Varady (See above for address) ATTORNEY TO BE NOTICED
represented by Carl M Varady (See above for address) ATTORNEY TO BE NOTICED
represented by Carl M Varady (See above for address) ATTORNEY TO BE NOTICED
represented by Carl M Varady (See above for address) ATTORNEY TO BE NOTICED
represented by Carl M Varady (See above for address) ATTORNEY TO BE NOTICED
represented by Carl M Varady (See above for address) ATTORNEY TO BE NOTICED
represented by Carl M Varady (See above for address) LEAD ATTORNEY

ATTORNEY TO BE NOTICED
Katrin E Frank MACDONALD HOAGUE & BAYLESS 705 SECOND AVE STE 1500 SEATTLE, WA 98104-1745 206-622-1604 Fax: FAX 343-3961 Email: kayf@mhb.com TERMINATED: 06/01/2010 LEAD ATTORNEY
Thomas R Grande GRANDE LAW OFFICES 1164 BISHOP STREET SUITE 124-24 HONOLULU, HI 96813 808-521-7500 Email: tgrande@grandelawoffices.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Joseph R Shaeffer MACDONALD HOAGUE & BAYLESS 705 SECOND AVE STE 1500 SEATTLE, WA 98104-1745 206-622-1604 Email: Joe@mhb.com TERMINATED: 06/01/2010
Melton L Crawford LAW OFFICE OF MEL CRAWFORD 9425 35TH AVE NE SUITE C SEATTLE, WA 98115 206-694-1614 Fax: 206-905-2342 Email: melcrawford@melcrawfordlaw.com TERMINATED: 06/01/2010

Intervenor Plaintiff Kimberly Sullivan TERMINATED: 03/08/2010
Intervenor Plaintiff Jeanna Dela Cruz TERMINATED: 03/08/2010
V. Defendant United Air Lines Inc

represented by Carl M Varady (See above for address) ATTORNEY TO BE NOTICED
represented by Carl M Varady (See above for address) ATTORNEY TO BE NOTICED
represented by Christopher A Garcia SEYFARTH SHAW (IL) 233 SOUTH WACKER DRIVE STE 8000 CHICAGO, IL 60606-6448 312-460-5950 Email: cgarcia@seyfarth.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
David W Silke GORDON & REES (WA) 701 FIFTH AVE STE 2100 SEATTLE, WA 98104 206-262-7524 Email: dsilke@gordonrees.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
John T Murray SEYFARTH SHAW LLP ONE PEACHTREE POINTE 1545 PEACHTREE STREET NE STE 700 ATLANTA, GA 30309-2401 404-888-1020 Email: jmurray@seyfarth.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Jonathan D Martin SEYFARTH SHAW (SF) 560 MISSION ST 31ST FLOOR SAN FRANCISCO, CA 94105 415-397-2823 Email: jmartin@seyfarth.com TERMINATED: 06/03/2009 LEAD ATTORNEY
Karen L Stephenson SEYFARTH SHAW (IL) 233 SOUTH WACKER DRIVE STE 8000 CHICAGO, IL 60606-6448 312-460-5295 Email: kstephenson@seyfarth.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Kari Erickson Levine SEYFARTH SHAW (SF) 560 MISSION ST 31ST FLOOR SAN FRANCISCO, CA 94105 415-397-2823 Email: klevine@seyfarth.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
David Kadue SEYFARTH SHAW LLP (LA) 2029 CENTURY PARK EAST SUITE 3500 LOS ANGELES, CA 90067-3021 310-277-7200 Email: dkadue@seyfarth.com TERMINATED: 11/30/2009 PRO HAC VICE

Date Filed 09/28/2006

# Docket Text 1 COMPLAINT and DEMAND FOR JURY TRIAIL against defendant

10/05/2006
10/23/2006 11/16/2006 11/16/2006
11/17/2006 11/17/2006 11/30/2006 12/01/2006 12/05/2006

United Air Lines Inc (Summons(es) issued) (Receipt # fee waived, USA) , filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet # 2 Email request to file new case)(PM, ) (Entered: 09/29/2006)
2 ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT FRCP 26f Conference Deadline is 11/20/2006.Initial Disclosure Deadline is 12/4/2006. Joint Status Report due by 12/4/2006; by Judge Thomas S. Zilly. (CH) (Entered: 10/05/2006)
3 DECLARATION OF SERVICE OF SUMMONS and Complaint upon defendant United Air Lines Inc on 10/19/2006 (CL, ) (Entered: 10/24/2006)
4 NOTICE of Appearance by attorney David W Silke on behalf of Defendant United Air Lines Inc (Silke, David) (Entered: 11/16/2006)
5 Stipulated MOTION to Extend Deadline for Filing Answer to Plaintiff's Complaint by Defendant United Air Lines Inc. Noting Date 11/16/2006. (Attachments: # 1 Proposed Order On Stipulated Motion to Extend Deadline for Filing Answer to Plaintiff's Complaint)(Silke, David) (Entered: 11/16/2006)
6 APPLICATION AND ORDER admitting Kari Erickson Levine for United Air Lines Inc pro hac vice. Receipt # SEA 5398. (LT, ) (Entered: 11/17/2006)
7 ORDER granting 5 Stipulated Motion, Extending Deadline for Defendant to Answer Plaintiff's Complaint to November 30, 2006, by Judge Thomas S. Zilly.(LT, ) (Entered: 11/20/2006)
8 ANSWER to Complaint by United Air Lines Inc.(Silke, David) (Entered: 11/30/2006)
9 JOINT STATUS REPORT and Discovery Plan filed by all parties. Est. Trial Days: - difficult to anticipate before class size is known. (Silke, David) (Entered: 12/01/2006)
10 MINUTE ORDER SETTING TRIAL DATE AND RELATED DATES, AND DESIGNATING CASE FOR MEDIATION; Length of Trial: *5 days*. Mediation shall be completed no later than thirty (30) days prior to the trial date. Jury Trial is set for 4/14/2008 at 09:00 AM before Hon. Thomas S. Zilly. Joinder of Parties due by 1/2/2007; Amended Pleadings due by 10/17/2007; Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 10/17/2007; Motions due by 11/16/2007; Discovery completed by 12/17/2007; Dispositive motions due by 1/15/2008; Settlement conference to be held by 2/14/2008; 39.1 mediation to be completed by 4/4/2007; Motions in Limine due by 3/17/2008; Pretrial Order due by 4/2/2008; Pretrial Conference set for 4/4/2008 at 03:00 PM

04/03/2007 04/09/2007 04/11/2007 05/29/2007
06/27/2007 07/03/2007 07/03/2007 10/10/2007 10/10/2007 10/10/2007 10/15/2007 10/15/2007

before Hon. Thomas S. Zilly. Trial briefs to be submitted by 4/9/2008; Proposed voir dire/jury instructions due by 4/9/2008; by Judge Thomas S. Zilly. (CH) (Entered: 12/05/2006)
11 STIPULATION AND PROPOSED ORDER TO CONTINUE MEDIATION DATE by parties. (Attachments: # 1 Proposed Order to Continue Mediation Date)(Silke, David) (Entered: 04/03/2007)
12 STIPULATION AND ORDER, by Judge Thomas S. Zilly. The Court extends the mediation ddl to 6/4/07. (CL, ) (Entered: 04/09/2007)
13 NOTICE of Appearance by attorney Teri L Healy on behalf of Plaintiff Equal Employment Opportunity Commission. (Healy, Teri) (Entered: 04/11/2007)
14 NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Plaintiff Equal Employment Opportunity Commission. Teri L Healy is substituted as counsel for Plaintiff. Attorney Kathryn Blaire Olson terminated. John F. Stanley Substituted for Kathryn Olson (Healy, Teri) (Entered: 05/29/2007)
15 NOTICE of Unavailability of counsel Teri L Healy for Plaintiff Equal Employment Opportunity Commission from 06/28/2007 to 07/10/2007. (Healy, Teri) (Entered: 06/27/2007)
16 NOTICE of Unavailability of counsel Kari Erickson Levine for Defendant United Air Lines Inc from July 9, 2007 to August 6, 2007. (Levine, Kari) (Entered: 07/03/2007)
17 CERTIFICATE OF SERVICE by Defendant United Air Lines Inc re 16 Notice of Unavailability OF COUNSEL. (Levine, Kari) (Entered: 07/03/2007)
18 MOTION to Continue Case Management Dates by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order)Noting Date 10/19/2007.(Tamayo, William) (Entered: 10/10/2007)
19 DECLARATION of Cindy O'Hara filed by Plaintiff Equal Employment Opportunity Commission re 18 MOTION to Continue Case Management Dates (Tamayo, William) (Entered: 10/10/2007)
20 MEMORANDUM filed by Plaintiff Equal Employment Opportunity Commission re 18 MOTION to Continue Case Management Dates (Tamayo, William) (Entered: 10/10/2007)
21 NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Teri L Healy for Plaintiff Equal Employment Opportunity Commission. (Healy, Teri) (Entered: 10/15/2007)
22 NOTICE OF WITHDRAWAL OF COUNSEL: Attorney John Freeman

10/16/2007 10/16/2007 10/16/2007 10/17/2007 10/18/2007 10/18/2007 10/25/2007
12/04/2007 12/17/2007 12/20/2007 12/20/2007

Stanley for Plaintiff Equal Employment Opportunity Commission. (Stanley, John) (Entered: 10/15/2007)
23 RESPONSE, by Defendant United Air Lines Inc, to 18 MOTION to Continue Case Management Dates. (Levine, Kari) (Entered: 10/16/2007)
24 DECLARATION of Kari Erickson Levine In Support of Defendant's Opposition to Plaintiff's 18 MOTION to Continue Case Management Dates (Levine, Kari) Modified on 10/17/2007 (ECS, ). (Entered: 10/16/2007)
25 PROPOSED ORDER (Unsigned) re 23 Response to Motion 18 for Continuance of Case Management Dates (Levine, Kari) Modified on 10/17/2007 (ECS, ). (Entered: 10/16/2007)
26 NOTICE of Appearance by attorney Cindy S. O'Hara on behalf of Plaintiff Equal Employment Opportunity Commission. (O'Hara, Cindy) (Entered: 10/17/2007)
27 REPLY, filed by Plaintiff Equal Employment Opportunity Commission, TO RESPONSE to 18 MOTION to Continue Case Management Dates (O'Hara, Cindy) (Entered: 10/18/2007)
28 Second DECLARATION of Cindy O'Hara filed by Plaintiff Equal Employment Opportunity Commission re 18 MOTION to Continue Case Management Dates (O'Hara, Cindy) (Entered: 10/18/2007)
29 MINUTE ORDER by Judge Thomas S. Zilly. Plaintiff's motion for continuance of case management dates, docket no. 18 is GRANTED IN PART and DENIED IN PART. The deadline for completion of discovery is extended to 2/15/2008. All motions related to discovery and all dispositive motions must be filed by 1/17/2008 and noted in accordance with Local Rules. (TS, ) (Entered: 10/25/2007)
30 MOTION to Disqualify Defendant's Designated Expert by Plaintiff Equal Employment Opportunity Commission. Oral Argument Requested. (Attachments: # 1 Exhibit Defendant's Expert Report)Noting Date 12/28/2007.(O'Hara, Cindy) (Entered: 12/04/2007)
31 MINUTE ORDER by Thomas S. Zilly, United States District Judge. The Court RENOTES for 1/4/08 Pltf's Motion to Disqualify Defendant's Designated Expert, docket no. 30 . (CL, ) (Entered: 12/17/2007)
32 STIPULATION AND PROPOSED ORDER to Vacate Litigation Schedule and Reset to Later Dates by parties. (Levine, Kari) Modified on 12/21/2007 (ECS, ). (Entered: 12/20/2007)
33 STIPULATION AND PROPOSED ORDER to File Declaration of Jonathan T. Peck Under Seal: CR 5(g)(2) by parties. (Levine, Kari) (Entered: 12/20/2007)

12/21/2007 12/27/2007 12/28/2007 12/28/2007 01/04/2008 01/08/2008
01/09/2008
01/09/2008 01/10/2008 01/22/2008 02/04/2008

35 SEALED DOCUMENT Declaration of Jonathan T. Peck in Support of Stipulated Motion and Order to Continue Dates by Plaintiff Equal Employment Opportunity Commission re 32 Stipulation. (TS, ) (Entered: 12/28/2007)
34 NOTICE of Appearance by attorney Evangelina Hernandez on behalf of Plaintiff Equal Employment Opportunity Commission. (Hernandez, Evangelina) (Entered: 12/27/2007)
36 RESPONSE, by Defendant United Air Lines Inc, to 30 MOTION to Disqualify Defendant's Designated Expert. (Levine, Kari) (Entered: 12/28/2007)
37 PROPOSED ORDER (Unsigned) re 36 Response to Motion to Strike Defendant's Expert (Levine, Kari) (Entered: 12/28/2007)
38 REPLY, filed by Plaintiff Equal Employment Opportunity Commission, TO RESPONSE to 30 MOTION to Disqualify Defendant's Designated Expert (Hernandez, Evangelina) (Entered: 01/04/2008)
39 PRAECIPE: Correction to Stipulation and Order 33 to File Declaration of Jonathan T. Peck Under SealL CR 5(g)(2) by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order Stipulation and Order to File Declaration of J. Peck Under Seal as Corrected Filed As Exhibit A to Precipe)(Hernandez, Evangelina) Modified on 1/9/2008 (CL, ). Modified on 1/9/2008 (CL, ). (Entered: 01/08/2008)
40 STIPULATION AND ORDER by Judge Thomas S. Zilly. The Court extends the following deadlines: 39.1 mediation to be completed by 8/4/2008, Discovery completed by 5/16/2008, Dispositive motions due by 5/15/2008,Motions in Limine due by 8/8/2008, Pretrial Order due by 8/25/2008,Settlement conference to be held by 6/16/2008,Voir dire/jury instructions/trial briefs due by 9/4/2008, Jury Trial is set for 9/8/2008 before Hon. Thomas S. Zilly, Pretrial Conference set for 8/29/2008 at 02:30 PM before Hon. Thomas S. Zilly.(CL, ) (Entered: 01/10/2008)
41 STIPULATION AND ORDER by Judge Thomas S. Zilly. The Court ORDERS that the Declaration of Jonathan T. Peck, docket no. 35 be filed under seal.(CL, ) (Entered: 01/10/2008)
42 STIPULATION AND PROPOSED ORDER Permitting More Than 10 Depositions by Defendant United Airlines, Inc. by parties. (Levine, Kari) (Entered: 01/10/2008)
43 STIPULATION AND ORDER re: Depositions by Dft United Airlines, Inc., by Judge Thomas S. Zilly. (CL, ) (Entered: 01/23/2008)
44 NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Plaintiff Equal Employment Opportunity Commission.

02/04/2008 02/12/2008 02/14/2008
03/03/2008
03/07/2008 03/07/2008 03/07/2008 03/21/2008 03/21/2008

Evangelina Hernandez is substituted as counsel for Plaintiff. Attorney Cindy S. O'Hara terminated. Raymond T. Chueng is substituted as counsel for Plaintiff. (Hernandez, Evangelina) (Entered: 02/04/2008)
45 MINUTE ORDER by Thomas S. Zilly, United States District Judge. The Court GRANTS IN PART, DENIES IN PART and DEFERS IN PART Pltf's Motion to Strike Dft's Expert David K. Fram, docket no. 30 . (CL, ) (Entered: 02/04/2008)
Attorney Raymond T Cheung for Equal Employment Opportunity Commission added per 44 Notice. (KN, ) (Entered: 02/12/2008)
46 MOTION for Summary Judgment by Defendant United Air Lines Inc. Oral Argument Requested. (Attachments: # 1 Declaration of Kari E. Levine in support of Defendant's Motion for Summary Judgment and or in the alternative Summary Adjudication# 2 Declaration of Carolyn Schoeneman in support thereof# 3 Errata Exhibit A to Declaration of Carolyn Schoeneman# 4 Exhibit Exhibit B to Declaration of Carolyn Schoeneman)Noting Date 3/7/2008.(Levine, Kari) (Entered: 02/14/2008)
47 RESPONSE, by Plaintiff Equal Employment Opportunity Commission, to 46 MOTION for Summary Judgment. Oral Argument Requested. (Attachments: # 1 Counter Statement to Defendant's Facts# 2 Submission of Additional Facts# 3 Declaration of Evangelina Hernandez# 4 Exhibit Nos. 1 thru 10# 5 Exhibit Nos. 11-16# 6 Exhibit Nos. 17-20# 7 Exhibit Nos. 21-37# 8 Exhibit Nos. 38-45# 9 Exhibit Nos. 46-56)(Hernandez, Evangelina) (Entered: 03/03/2008)
48 REPLY, filed by Defendant United Air Lines Inc, TO RESPONSE to 46 MOTION for Summary Judgment (Levine, Kari) (Entered: 03/07/2008)
49 DECLARATION of Kari Erickson Levine filed by Defendant United Air Lines Inc re 46 MOTION for Summary Judgment (Attachments: # 1 Exhibit F# 2 Exhibit G# 3 Exhibit H)(Levine, Kari) (Entered: 03/07/2008)
50 PROPOSED ORDER (Unsigned) re 46 MOTION for Summary Judgment or in the Alternative, Summary Adjudication (Levine, Kari) (Entered: 03/07/2008)
51 APPLICATION OF ATTORNEY Jonathan D. Martin FOR LEAVE TO APPEAR PRO HAC VICE for Defendant United Air Lines Inc (Fee Paid) Receipt No. 1391068. (Attachments: # 1 ECF Registration Form)(Silke, David) (Entered: 03/21/2008)
52 MINUTE ORDER by Thomas S. Zilly, United States District Judge. The Court DENIES Dft's Motion for Summary Judgment, docket no. 46 . (CL, ) (Entered: 03/21/2008)

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53 ORDER re 51 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Jonathan D Martin as pro hac vice atty for Defendant United Air Lines Inc, by Bruce Rifkin. (No document associated with this docket entry, text only.)(CL, ) (Entered: 03/21/2008)
54 FILED IN WRONG CASE. NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Defendant United Air Lines Inc. David W Silke is substituted as counsel for Defendant. (Silke, David) Modified on 3/25/2008: Counsel notified of filing error (HBR). (Entered: 03/24/2008)
NOTICE of Docket Text Modification re 54 Notice of Withdrawal and Substitution of Counsel: Document filed in incorrect case. (HBR) (Entered: 03/25/2008)
55 NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Defendant United Air Lines Inc. David W Silke is substituted as counsel for Defendant. (Silke, David) (Entered: 03/25/2008)
56 Joint Stipulated MOTION to Vacate Schedule and Reset dates; Joint Stipulation for 18 Depositions by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Supplement Declaration in Support)Noting Date 4/23/2008.(Cheung, Raymond) (Entered: 04/14/2008)
57 PRAECIPE to attach document Signed Hernandez Declaration re 56 Joint Stipulated MOTION to Vacate Schedule and Reset dates; Joint Stipulation for 18 Depositions by Plaintiff Equal Employment Opportunity Commission. (Cheung, Raymond) (Entered: 04/15/2008)
58 STIPULATION AND ORDER by Judge Thomas S. Zilly. The Court sets pretrial deadlines as follows: 39.1 mediation to be completed by 10/10/2008, Discovery completed by 12/12/2008, Dispositive motions due by 2/12/2009, Motions in Limine due by 3/20/2009, Pretrial Order due by 4/3/2009,Settlement conference to be held by 3/6/2009, Voir dire/jury instructions/trial briefs due by 4/22/2009, Jury Trial is set for 4/27/2009 before Hon. Thomas S. Zilly, Pretrial Conference set for 4/17/2009 at 02:30 PM before Hon. Thomas S. Zilly. Pltf EEOC shall be permitted to depose the additional (18) witnesses. (CL, ) (Entered: 04/16/2008)
59 APPLICATION OF ATTORNEY Carl M. Varady FOR LEAVE TO APPEAR PRO HAC VICE (Fee Paid) Receipt No. 1422057. (Attachments: # 1 ECF Registration Form)(Crawford, Melton) (Entered: 04/24/2008)
60 APPLICATION OF ATTORNEY Thomas R. Grande FOR LEAVE TO APPEAR PRO HAC VICE for Intervenor Plaintiff Maria Lovell (Fee Paid) Receipt No. 1422523. (Attachments: # 1)(Crawford, Melton)

04/25/2008 04/25/2008 04/25/2008 04/25/2008 04/25/2008 05/29/2008 05/29/2008 05/29/2008 06/09/2008 06/09/2008
06/10/2008

(Entered: 04/25/2008)
61 NOTICE of Change of Address of Attorney David W Silke. Filed by Defendant United Air Lines Inc. (Silke, David) (Entered: 04/25/2008)
62 ORDER re 59 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Carl M Varady as pro hac vice atty for Intervenor Plaintiff Maria Lovell, by Bruce Rifkin. (No document associated with this docket entry, text only.)(CL, ) (Entered: 04/25/2008)
63 PRAECIPE to attach document (ECF Registration of Thomas R. Grande) re 60 Application for Leave to Appear Pro Hac Vice by Intervenor Plaintiff Maria Lovell. (Attachments: # 1)(Crawford, Melton) (Entered: 04/25/2008)
64 ORDER re 60 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Thomas R Grande as pro hac vice atty for Intervenor Plaintiff Maria Lovell, by Bruce Rifkin. (No document associated with this docket entry, text only.)(CL, ) (Entered: 04/25/2008)
65 NOTICE of Appearance by attorney Melton L Crawford on behalf of Intervenor Plaintiff Maria Lovell. (Crawford, Melton) (Entered: 04/25/2008)
66 MOTION to Intervene Plainitff-Intervenors' Motion to File Complaint in Intervention by Intervenor Plaintiff Maria Lovell. Noting Date 6/13/2008; (Varady, Carl) (Entered: 05/29/2008)
67 MOTION to Intervene Declaration of CArl M. Varady, Exhibit 1 & COS by Intervenor Plaintiff Maria Lovell. (Attachments: # 1 Exhibit 1 to Declaration of Carl M. Varady & COS) Noting Date 6/13/2008; (Varady, Carl) (Entered: 05/29/2008)
68 PROPOSED ORDER (Unsigned) re 66 MOTION to Intervene PlainitffIntervenors' Motion to File Complaint in Intervention, 67 MOTION to Intervene Declaration of CArl M. Varady, Exhibit 1 & COS (Varady, Carl) (Entered: 05/29/2008)
69 RESPONSE, by Defendant United Air Lines Inc, to 66 MOTION to Intervene Plainitff-Intervenors' Motion to File Complaint in Intervention. (Silke, David) (Entered: 06/09/2008)
70 DECLARATION of Kari Levine filed by Defendant United Air Lines Inc re 66 MOTION to Intervene Plainitff-Intervenors' Motion to File Complaint in Intervention (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L)(Silke, David) (Entered: 06/09/2008)
71 PRAECIPE to attach document (signature page) re 69 Response to Motion

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by Defendant United Air Lines Inc. (Silke, David) (Entered: 06/10/2008)
72 PRAECIPE to attach document (signature page) re 70 Declaration, by Defendant United Air Lines Inc. (Silke, David) (Entered: 06/10/2008)
73 RESPONSE, by Plaintiff Equal Employment Opportunity Commission, to 66 MOTION to Intervene Plainitff-Intervenors' Motion to File Complaint in Intervention, 67 MOTION to Intervene Declaration of CArl M. Varady, Exhibit 1 & COS. (Hernandez, Evangelina) (Entered: 06/12/2008)
74 MOTION for Protective Order by Defendant United Air Lines Inc. (Attachments: # 1 Proposed Order) Noting Date 6/24/2008; (Silke, David) (Entered: 06/13/2008)
75 DECLARATION of Kari Erickson Levine filed by Defendant United Air Lines Inc re 74 MOTION for Protective Order (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O)(Silke, David) (Entered: 06/13/2008)
76 REPLY, filed by Intervenor Plaintiff Maria Lovell, TO RESPONSE to 66 MOTION to Intervene Plainitff-Intervenors' Motion to File Complaint in Intervention, 67 MOTION to Intervene Declaration of CArl M. Varady, Exhibit 1 & COS (Varady, Carl) (Entered: 06/13/2008)
77 DECLARATION of Carl M. Varady filed by Intervenor Plaintiff Maria Lovell re 67 MOTION to Intervene Declaration of CArl M. Varady, Exhibit 1 & COS (Attachments: # 1 Exhibit 1 to Declaration of Carl M. Varady, # 2 Exhibit 2 to Declaration of Carl M. Varady, # 3 Exhibit 3 to Declaration of Carl M. Varady, # 4 Exhibit 4 to Declaration of Carl M. Varady, # 5 Exhibit 5 to Declaration of Carl M. Varady, # 6 Exhibit 6 to Declaration of Carl M. Varady & COS)(Varady, Carl) (Entered: 06/13/2008)
Attorney Joseph R Shaeffer for Maria Lovell added per 76 Reply to Response to Motion. (KN) (Entered: 06/16/2008)
78 MOTION to Bifurcate by Plaintiff Equal Employment Opportunity Commission. Oral Argument Requested. (Attachments: # 1 Declaration) Noting Date 7/11/2008; (Hernandez, Evangelina) (Entered: 06/23/2008)
79 PROPOSED ORDER (Unsigned) re 78 MOTION to Bifurcate (Hernandez, Evangelina) (Entered: 06/23/2008)
80 MOTION for Extension of Time to File Opposition to Defendant's Motion for A Protective Order and Instead Compel the Depositions of Wright and Shook by Plaintiff Equal Employment Opportunity Commission.

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(Attachments: # 1 Declaration, # 2 Proposed Order) Noting Date 7/3/2008; (Hernandez, Evangelina) (Entered: 06/23/2008)
81 RESPONSE, by Plaintiff Equal Employment Opportunity Commission, to 80 MOTION for Extension of Time to File Opposition to Defendant's Motion for A Protective Order and Instead Compel the Depositions of Wright and Shook, 74 MOTION for Protective Order. Oral Argument Requested. (Attachments: # 1 Proposed Order)(Hernandez, Evangelina) (Entered: 06/23/2008)
82 DECLARATION of Evangelina Hernandez filed by Plaintiff Equal Employment Opportunity Commission re 80 MOTION for Extension of Time to File Opposition to Defendant's Motion for A Protective Order and Instead Compel the Depositions of Wright and Shook, 74 MOTION for Protective Order (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Hernandez, Evangelina) (Entered: 06/23/2008)
83 DECLARATION of Raymond Cheung filed by Plaintiff Equal Employment Opportunity Commission re 80 MOTION for Extension of Time to File Opposition to Defendant's Motion for A Protective Order and Instead Compel the Depositions of Wright and Shook, 74 MOTION for Protective Order (Hernandez, Evangelina) (Entered: 06/23/2008)
84 REPLY, filed by Defendant United Air Lines Inc, TO RESPONSE to 74 MOTION for Protective Order (Attachments: # 1 Proposed Order)(Silke, David) (Entered: 06/24/2008)
85 RESPONSE, by Defendant United Air Lines Inc, to 80 MOTION for Extension of Time to File Opposition to Defendant's Motion for A Protective Order and Instead Compel the Depositions of Wright and Shook. (Attachments: # 1 Proposed Order)(Silke, David) (Entered: 06/24/2008)
86 MOTION for Protective Order Barring Defendant From Taking Any More RSSR Claimants Deposition by Plaintiff Equal Employment Opportunity Commission. Oral Argument Requested. (Attachments: # 1 Declaration, # 2 Exhibit 1-12, # 3 Proposed Order) Noting Date 7/25/2008; (Hernandez, Evangelina) (Entered: 07/03/2008)
87 MOTION to Compel Defendant's Response to EEOC's Second Set of Interrogatories by Plaintiff Equal Employment Opportunity Commission. Oral Argument Requested. (Attachments: # 1 Declaration, # 2 Exhibit 112, # 3 Proposed Order) Noting Date 7/25/2008; (Hernandez, Evangelina) (Entered: 07/03/2008)
88 MOTION to Compel Defendant's Response to EEOC's FIrst Set of

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07/10/2008 07/11/2008

Admission by Plaintiff Equal Employment Opportunity Commission. Oral Argument Requested. (Attachments: # 1 Declaration, # 2 Exhibits 1-12, # 3 Proposed Order) Noting Date 7/25/2008; (Hernandez, Evangelina) (Entered: 07/03/2008)
89 MOTION to Compel Defendant to Respond to EEOC's Set of Document Request by Plaintiff Equal Employment Opportunity Commission. Oral Argument Requested. (Attachments: # 1 Declaration, # 2 Exhibit 1-12, # 3 Proposed Order) Noting Date 7/25/2008; (Hernandez, Evangelina) (Entered: 07/03/2008)
90 PROPOSED ORDER (Unsigned) re 88 MOTION to Compel Defendant's Response to EEOC's FIrst Set of Admission Revised (Hernandez, Evangelina) (Entered: 07/07/2008)
91 PROPOSED ORDER (Unsigned) re 89 MOTION to Compel Defendant to Respond to EEOC's Set of Document Request Revised (Hernandez, Evangelina) (Entered: 07/07/2008)
92 PROPOSED ORDER (Unsigned) re 87 MOTION to Compel Defendant's Response to EEOC's Second Set of Interrogatories Revised (Hernandez, Evangelina) (Entered: 07/07/2008)
93 RESPONSE, by Defendant United Air Lines Inc, to 78 MOTION to Bifurcate. Oral Argument Requested. (Levine, Kari) (Entered: 07/07/2008)
94 MEMORANDUM Defendant's Memorandum In Support of Motion to Compel Noticed Depositions of 9 of the Original 37 RSSR Claimants by Defendant United Air Lines Inc. (Levine, Kari) (Entered: 07/10/2008)
95 DECLARATION of Kari Erickson Levine In Support of Defendant's Motion to Compel Depositions re 94 Memorandum In Support of Motion to Compel Noticed Deposition of 9 of The Original 37 RSSR Claimants by Defendant United Air Lines Inc. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Exhibit Exhibit H, # 9 Exhibit Exhibit I, # 10 Exhibit Exhibit J, # 11 Errata Exhibit K, # 12 Exhibit Exhibit L, # 13 Exhibit Exhibit M, # 14 Exhibit Exhibit N, # 15 Exhibit Exhibit O, # 16 Exhibit Exhibit P, # 17 Errata Exhibit Q, # 18 Exhibit Exhibit R, # 19 Exhibit Exhibit S, # 20 Exhibit Exhibit T, # 21 Exhibit Exhibit U)(Levine, Kari) (Entered: 07/10/2008)
96 REPLY, filed by Plaintiff Equal Employment Opportunity Commission, TO RESPONSE to 78 MOTION to Bifurcate (Hernandez, Evangelina) (Entered: 07/10/2008)
97 ERRATA re 94 Memorandum Notice of Errata to Defendant's Motion to Compel Noticed Depositions of 9 of the Original 37 RSSR Claimants and

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Declaration In Support by Defendant United Air Lines Inc. (Levine, Kari) (Entered: 07/11/2008)
98 PROPOSED ORDER (Unsigned) re 94 Memorandum Granting Defendant's Motion to Compel Noticed Depositions of 9 of the Original Claimants (Levine, Kari) (Entered: 07/11/2008)
99 SURREPLY filed by Defendant United Air Lines Inc re 78 MOTION to Bifurcate Defendant's Sur-Reply and Motion to Strike Portions of Plaintiff's Reply in Support of Its Motion to Bifurcate (Levine, Kari) (Entered: 07/15/2008)
100 MINUTE ORDER by Judge Thomas S. Zilly. Motion to intervene brought by Maria Lovell, Kimberly Sullivan, and Jeanna Dela Cruz, docket no. 66 , is DENIED IN PART and GRANTED IN PART. Plaintiff Equal Employment Opportunity Commission("EEOC") for extension of time, docket no. 80 , is GRANTED. United's motion for protective order, docket no. 74 , is STRICKEN IN PART, GRANTED IN PART, and DENIED IN PART. The EEOC's motion to bifurcate, docket no. 78 , is DENIED without prejudice.(CL) (Entered: 07/16/2008)
101 RESPONSE, by Defendant United Air Lines Inc, to 86 MOTION for Protective Order Barring Defendant From Taking Any More RSSR Claimants Deposition. (Levine, Kari) (Entered: 07/21/2008)
102 DECLARATION of Kari Erickson Levine In Support of Defendant's Opposition to the EEOC's Motion for Protective Order filed by Defendant United Air Lines Inc re 86 MOTION for Protective Order Barring Defendant From Taking Any More RSSR Claimants Deposition (Levine, Kari) (Entered: 07/21/2008)
103 RESPONSE, by Defendant United Air Lines Inc, to 87 MOTION to Compel Defendant's Response to EEOC's Second Set of Interrogatories. (Martin, Jonathan) (Entered: 07/21/2008)
104 DECLARATION of Jonathan D. Martin filed by Defendant United Air Lines Inc re 87 MOTION to Compel Defendant's Response to EEOC's Second Set of Interrogatories (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Martin, Jonathan) (Entered: 07/21/2008)
105 PROPOSED ORDER (Unsigned) Denying Plaintiff EEOC's Motion to Compel Defendant's Responses to EEOC's Second Set of Interrogatories (Martin, Jonathan) (Entered: 07/21/2008)
106 RESPONSE, by Defendant United Air Lines Inc, to 88 MOTION to Compel Defendant's Response to EEOC's FIrst Set of Admission. (Martin, Jonathan) (Entered: 07/21/2008)
107 DECLARATION of Jonathan D. Martin filed by Defendant United Air

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Lines Inc re 88 MOTION to Compel Defendant's Response to EEOC's FIrst Set of Admission (Attachments: # 1 Exhibit Exhibit A)(Martin, Jonathan) (Entered: 07/21/2008)
108 PROPOSED ORDER (Unsigned) Denying Plaintiff EEOC's Motion to Compel Defendant's Responses to EEOC's First Set of Admissions (Martin, Jonathan) (Entered: 07/21/2008)
109 RESPONSE, by Defendant United Air Lines Inc, to 89 MOTION to Compel Defendant to Respond to EEOC's Set of Document Request. (Martin, Jonathan) (Entered: 07/21/2008)
110 DECLARATION of Jonathan D. Martin filed by Defendant United Air Lines Inc re 89 MOTION to Compel Defendant to Respond to EEOC's Set of Document Request (Attachments: # 1 Exhibit Exhibit A)(Martin, Jonathan) (Entered: 07/21/2008)
111 PROPOSED ORDER (Unsigned) Denying Plaintiff EEOC's Motion to Compel Defendant's Responses to EEOC's Second Set of Request for Documents (Martin, Jonathan) (Entered: 07/21/2008)
112 RESPONSE, by Plaintiff Equal Employment Opportunity Commission, to 86 MOTION for Protective Order Barring Defendant From Taking Any More RSSR Claimants Deposition. (Attachments: # 1 Declaration of Evangelina Hernandez, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F)(Hernandez, Evangelina) (Entered: 07/21/2008)
113 MEMORANDUM filed by Plaintiff Equal Employment Opportunity Commission re 101 Response to Motion by Defendant to Compel Depositions 94 (Attachments: # 1 Declaration of Evangelina Hernandez, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F)(Hernandez, Evangelina) (Entered: 07/21/2008)
114 PROPOSED ORDER (Unsigned) Striking Defendant's Motion to CompelDepositions or in the Alternative Denying Defendant's Motion to Compel Depositions (Hernandez, Evangelina) (Entered: 07/21/2008)
115 REPLY by Defendant United Air Lines Inc to 94 Memorandum Defendant's Reply In Support of Motion to Compel Noticed Depositions of 9 of the Original 37 RSSR Claimants. (Levine, Kari) (Entered: 07/23/2008)
116 DECLARATION re 115 Reply (non motion) Declaration of Kari Erickson Levine In Support of Defendant's Reply In Support of Defendant's Motion to Compel Depositions by Defendant United Air Lines Inc. (Levine, Kari) (Entered: 07/23/2008)
117 DECLARATION re 115 Reply (non motion) Declaration of Jonathan D.

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07/25/2008

Martin In Support of Defendant's Motion to Compel Noticed Depositions of 9 of the Original 37 RSSR Claimants by Defendant United Air Lines Inc. (Levine, Kari) (Entered: 07/23/2008)
118 REQUEST by Plaintiff Equal Employment Opportunity Commission for a Clarification re 100 Order on Motion to Intervene, Order on Motion for Protective Order, Order on Motion to Bifurcate, Order on Motion for Extension of Time,,,,,,,,. (Attachments: # 1 Proposed Order)(Cheung, Raymond) (Entered: 07/24/2008)
119 DECLARATION of Raymond T. Cheung re 118 Request, by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Cheung, Raymond) (Entered: 07/24/2008)
120 RESPONSE by Defendant United Air Lines Inc Defendant's Response to EEOC's Request for Clarification of the July 16, 2008 Minute Order. (Levine, Kari) (Entered: 07/25/2008)
121 REPLY, filed by Plaintiff Equal Employment Opportunity Commission, TO RESPONSE to 86 MOTION for Protective Order Barring Defendant From Taking Any More RSSR Claimants Deposition (Hernandez, Evangelina) (Entered: 07/25/2008)
Motion Calendar: re 118 Motion/Request for Consideration. NOTED on motion calendar; Noting Date 8/8/2008 (CL) (Entered: 07/25/2008)
122 MINUTE ORDER is made by direction of the Court, the Honorable Thomas S. Zilly. The Court RENOTES for 8/8/08 Pltf's 118 Motion/Request for Reconsideration.(CL) (Entered: 07/25/2008)
123 REPLY, filed by Plaintiff Equal Employment Opportunity Commission, TO RESPONSE to 87 MOTION to Compel Defendant's Response to EEOC's Second Set of Interrogatories (Attachments: # 1 Declaration of Evangelina Hernandez, # 2 Exhibit A)(Hernandez, Evangelina) (Entered: 07/25/2008)
124 REPLY, filed by Plaintiff Equal Employment Opportunity Commission, TO RESPONSE to 88 MOTION to Compel Defendant's Response to EEOC's FIrst Set of Admission (Attachments: # 1 Declaration of Evangelina Hernandez, # 2 Exhibit A)(Hernandez, Evangelina) (Entered: 07/25/2008)
125 REPLY, filed by Plaintiff Equal Employment Opportunity Commission, TO RESPONSE to 89 MOTION to Compel Defendant to Respond to EEOC's Set of Document Request (Attachments: # 1 Declaration of Evangelina Hernandez, # 2 Exhibit A)(Hernandez, Evangelina) (Entered: 07/25/2008)
126 MOTION for Reconsideration re 100 Order on Motion to Intervene, Order

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on Motion for Protective Order, Order on Motion to Bifurcate, Order on Motion for Extension of Time,,,,,,,, 118 Request, by Intervenor Plaintiff Maria Lovell. Noting Date 7/25/2008 (Varady, Carl) (Entered: 07/25/2008)
127 REPLY, filed by Plaintiff Equal Employment Opportunity Commission, TO RESPONSE to 89 MOTION to Compel Defendant to Respond to EEOC's Set of Document Request (Attachments: # 1 Declaration of Evangelina Hernandez, # 2 Exhibit A)(Hernandez, Evangelina) (Entered: 07/25/2008)
128 DECLARATION of Maria K. Lovell filed by Intervenor Plaintiff Maria Lovell re 126 MOTION for Reconsideration re 100 Order on Motion to Intervene, Order on Motion for Protective Order, Order on Motion to Bifurcate, Order on Motion for Extension of Time,,,,,,,, 118 Request, MOTION for Reconsideration re 100 Order on Motion to Intervene, Order on Motion for Protective Order, Order on Motion to Bifurcate, Order on Motion for Extension of Time,,,,,,,, 118 Request, (Varady, Carl) (Entered: 07/25/2008)
129 DECLARATION of Kimberly Sullivan filed by Intervenor Plaintiff Maria Lovell re 126 MOTION for Reconsideration re 100 Order on Motion to Intervene, Order on Motion for Protective Order, Order on Motion to Bifurcate, Order on Motion for Extension of Time,,,,,,,, 118 Request, MOTION for Reconsideration re 100 Order on Motion to Intervene, Order on Motion for Protective Order, Order on Motion to Bifurcate, Order on Motion for Extension of Time,,,,,,,, 118 Request, (Varady, Carl) (Entered: 07/25/2008)
130 DECLARATION of Jeanna Dela Cruz filed by Intervenor Plaintiff Maria Lovell re 126 MOTION for Reconsideration re 100 Order on Motion to Intervene, Order on Motion for Protective Order, Order on Motion to Bifurcate, Order on Motion for Extension of Time,,,,,,,, 118 Request, MOTION for Reconsideration re 100 Order on Motion to Intervene, Order on Motion for Protective Order, Order on Motion to Bifurcate, Order on Motion for Extension of Time,,,,,,,, 118 Request, (Varady, Carl) (Entered: 07/25/2008)
131 PROPOSED ORDER (Unsigned) re 126 MOTION for Reconsideration re 100 Order on Motion to Intervene, Order on Motion for Protective Order, Order on Motion to Bifurcate, Order on Motion for Extension of Time,,,,,,,, 118 Request, MOTION for Reconsideration re 100 Order on Motion to Intervene, Order on Motion for Protective Order, Order on Motion to Bifurcate, Order on Motion for Extension of Time,,,,,,,, 118 Request, (Varady, Carl) (Entered: 07/25/2008)
132 MOTION for Reconsideration and (Proposed) Order by Plaintiff Equal Employment Opportunity Commission. (Attachments:

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# 1 DECLARATION OF EVANGELINA HERNANDEZ IN SUPPORT OF PLAINTIFF EEOC'S MOTION FOR CONSIDERATION) Noting Date 8/8/2008 (Hernandez, Evangelina) (Entered: 07/30/2008)
133 APPLICATION OF ATTORNEY Christopher A. Garcia FOR LEAVE TO APPEAR PRO HAC VICE for Defendant United Air Lines Inc (Fee Paid) Receipt No. 09810000000001513158. (Attachments: # 1 Attorney Registration Form)(Silke, David) (Entered: 08/04/2008)
134 ORDER re 133 Application for Leave to Appear Pro Hac Vice. The Court ADMITS atty Christopher A Garcia for dft United Air Lines Inc, by Bruce Rifkin. (No document associated with this docket entry, text only.)(CL) (Entered: 08/04/2008)
135 RESPONSE by Defendant United Air Lines Inc to EEOC's Request for a Clarification of the July 16, 2008 Minute Order. (Martin, Jonathan) (Entered: 08/04/2008)
Motion Calendar: Dft's Motion to Compel re 94 Memorandum Noting Date 7/25/2008. (CL) (Entered: 08/05/2008)
136 MINUTE ORDER by Thomas S. Zilly, United States District Judge. Plaintiff's motion for reconsideration, docket no. 118 , is DENIED. Proposed Intervenors' motion for reconsideration, docket no. 126 , is DENIED. Plaintiff's motion for protective order, docket no. 86 , has been withdrawn, see Reply (docket no. 121 ), and is therefore STRICKEN. Plaintiff's motions to compel, docket nos. 87 , 88 , and 89 , are GRANTED IN PART and DENIED IN PART. Plaintiff's motion for reconsideration, docket no. 132 , is actually a motion for extension of time, and is GRANTED IN PART and DENIED IN PART.(CL) (Entered: 08/08/2008)
137 MOTION for Protective Order Regarding Plaintiff's Proposed Depositions of Anthony Bedalov and Carolyn Schoeneman by Defendant United Air Lines Inc. Noting Date 8/29/2008 (Martin, Jonathan) (Entered: 08/14/2008)
138 DECLARATION of Jonathan D. Martin filed by Defendant United Air Lines Inc re 137 MOTION for Protective Order Regarding Plaintiff's Proposed Depositions of Anthony Bedalov and Carolyn Schoeneman (Attachments: # 1 Exhibit Exh. A, # 2 Exhibit Exh. B, # 3 Exhibit Exh C, # 4 Exhibit Exb D, # 5 Exhibit Exh E)(Martin, Jonathan) (Entered: 08/14/2008)
139 PROPOSED ORDER (Unsigned) re 138 Declaration, 137 MOTION for Protective Order Regarding Plaintiff's Proposed Depositions of Anthony Bedalov and Carolyn Schoeneman (Martin, Jonathan) (Entered: 08/14/2008)
140 NOTICE OF APPEAL (08-35682) as to 100 Order on Motion to

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11/06/2008

Intervene, Order on Motion for Protective Order, Order on Motion to Bifurcate, Order on Motion for Extension of Time,,,,,,,, 136 Order on Motion to Compel,,, Order on Motion Calendar, Order on Motion for Reconsideration,,,,,,,,,,,,,,,, by Intervenor Plaintiff Maria Lovell. Filing Fee $455, Receipt number 09810000000001525656. (Varady, Carl) Modified on 8/19/2008; Added CCA case number (LMK). (Entered: 08/18/2008)
141 CERTIFICATE OF RECORD Transmitted to USCA re 140 Notice of Appeal, (LMK) (Entered: 08/19/2008)
142 APPEAL NOTIFICATION packet sent to US Court of Appeals re 140 Notice of Appeal, (Attachments: # 1 Docket)(LMK) (Entered: 08/19/2008)
143 TIME SCHEDULE ORDER (08-35682) as to 140 Notice of Appeal, filed by Maria Lovell : The schedule is set as follows: Appellant Maria Lovell opening brief due 09/29/2008. Appellee United Air LInes Inc answering brief due 10/29/2008. Appellant's optional reply brief is due 14 days after service of the answering brief. (LMK) (Entered: 08/19/2008)
USCA Case Number 08-35682 for 140 Notice of Appeal, filed by Maria Lovell. (LMK) (Entered: 08/19/2008)
144 RESPONSE, by Plaintiff Equal Employment Opportunity Commission, to 137 MOTION for Protective Order Regarding Plaintiff's Proposed Depositions of Anthony Bedalov and Carolyn Schoeneman. Oral Argument Requested. (Attachments: # 1 Supplement Declaration in support of Opposition, # 2 Exhibit A, # 3 Exhibit B)(Cheung, Raymond) (Entered: 08/26/2008)
145 REPLY, filed by Defendant United Air Lines Inc, TO RESPONSE to 137 MOTION for Protective Order Regarding Plaintiff's Proposed Depositions of Anthony Bedalov and Carolyn Schoeneman (Martin, Jonathan) (Entered: 08/28/2008)
146 MINUTE ORDER by Thomas S. Zilly, United States District Judge. The Court STAYS this case pending the Ninth Circuit's resolution of the appeal filed by Maria Lowell, Kimberly Sullivan and Jeanna dela Cruz. Dft's motion for protective order, docket no. 137 is STRICKEN. Parties are encouraged to proceed with mediation on September 29 and 30, 2008, and to alert the Court promptly if settlement is reached.(CL) (Entered: 09/10/2008)
147 ORDER of USCA (08-35682) as to 140 Notice of Appeal, filed by Maria Lovell This appeal is DISMISSED for lack of jurisdiction for MARIA LOVELL AND KIMBERLLY SULLIVAN ONLY. The briefing schedule for this appeal as to JEANNA DELA CRUZ is as follows: opening brief due 12/19/08; answering brief due 1/19/09; optional reply brief due within

12/02/2008 12/02/2008
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14 days of answering brief.(SA) (Entered: 11/06/2008)
148 MOTION to Amend MOTION TO CORRECT RECORD WITH RESPECT TO EMPLOYMENT CLASSIFICATION OF PLAINTIFF-INTERVENOR DELA CRUZ by Defendant United Air Lines Inc. Noting Date 12/26/2008 (Levine, Kari) (Entered: 12/02/2008)
149 DECLARATION of CAROLYN SCHOENEMAN IN SUPPORT OF DEFENDANT'S MOTION TO CORRECT RECORD WITH RESPECT TO EMPLOYMENT CLASSIFICATION OF PLAINTIFFINTERVENOR DELA CRUZ filed by Defendant United Air Lines Inc re 148 MOTION to Amend MOTION TO CORRECT RECORD WITH RESPECT TO EMPLOYMENT CLASSIFICATION OF PLAINTIFFINTERVENOR DELA CRUZ (Levine, Kari) (Entered: 12/02/2008)
150 PROPOSED ORDER (Unsigned) re 148 MOTION to Amend MOTION TO CORRECT RECORD WITH RESPECT TO EMPLOYMENT CLASSIFICATION OF PLAINTIFF-INTERVENOR DELA CRUZ [PROPOSED] ORDER GRANTING DEFENDANT'S MOTION TO CORRECT RECORD WITH RESPECT TO EMPLOYMENT CLASSIFICATION OF PLAINTIFF-INTERVENOR DELA CRUZ (Levine, Kari) (Entered: 12/03/2008)
151 RESPONSE, by Intervenor Plaintiff Maria Lovell, to 148 MOTION to Amend MOTION TO CORRECT RECORD WITH RESPECT TO EMPLOYMENT CLASSIFICATION OF PLAINTIFF-INTERVENOR DELA CRUZ. (Varady, Carl) (Entered: 12/22/2008)
152 DECLARATION of Carl M. Varady filed by Intervenor Plaintiffs Maria Lovell, Kimberly Sullivan, Jeanna Dela Cruz re 148 MOTION to Amend MOTION TO CORRECT RECORD WITH RESPECT TO EMPLOYMENT CLASSIFICATION OF PLAINTIFF-INTERVENOR DELA CRUZ (Attachments: # 1 Errata 1 to Declaration of Carl M. Varady, # 2 Exhibit 2 to Declaration of Carl M. Varady & COS)(Varady, Carl) (Entered: 12/22/2008)
153 APPLICATION OF ATTORNEY John T. Murray FOR LEAVE TO APPEAR PRO HAC VICE for Defendant United Air Lines Inc (Fee Paid) Receipt No. 09810000000001629562. (Attachments: # 1 Attorney Registration Form)(Silke, David) (Entered: 12/24/2008)
154 APPLICATION OF ATTORNEY Karen L. Stephenson FOR LEAVE TO APPEAR PRO HAC VICE for Defendant United Air Lines Inc (Fee Paid) Receipt No. 09810000000001629569. (Attachments: # 1 Attorney Registration Form)(Silke, David) (Entered: 12/24/2008)
155 REPLY, filed by Defendant United Air Lines Inc, TO RESPONSE to 148 MOTION to Amend MOTION TO CORRECT RECORD WITH

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RESPECT TO EMPLOYMENT CLASSIFICATION OF PLAINTIFFINTERVENOR DELA CRUZ (Levine, Kari) (Entered: 12/26/2008)
156 ORDER re 153 Application for Leave to Appear Pro Hac Vice. The Court ADMITS John T Murray for United Air Lines Inc, by Bruce Rifkin. (No document associated with this docket entry, text only.)(MD) (Entered: 12/29/2008)
157 ORDER re 154 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Karen L Stephenson for United Air Lines Inc, by Bruce Rifkin. (No document associated with this docket entry, text only.)(MD) (Entered: 12/30/2008)
158 APPLICATION OF ATTORNEY David D. Kadue FOR LEAVE TO APPEAR PRO HAC VICE for Defendant United Air Lines Inc (Fee Paid) Receipt No. 09810000000001633701. (Attachments: # 1 Attorney Registration Form)(Silke, David) (Entered: 01/05/2009)
159 ORDER re 158 Application for Leave to Appear Pro Hac Vice. The Court ADMITS atty David Kadue for dft United Air Lines Inc, by Bruce Rifkin. (No document associated with this docket entry, text only.)(CL) (Entered: 01/06/2009)
160 MINUTE ORDER by Thomas S. Zilly, United States District Judge. Defendant's motion to correct the record, docket no. 148 , is DENIED WITHOUT PREJUDICE for lack of jurisdiction.(CL) (Entered: 01/14/2009)
161 DOCUMENT FIELED AS A NOTICE NOT A MOTION NOTICE DEFENDANT UNITED'S MOTION FOR CLARIFICATION OF JANIUARY 14, 2009 MINUTE ORDER RE MOITION TO CORRECT THE RECORD ; filed by Defendant United Air Lines Inc. Noting Date: 2/13/09 (Levine, Kari) Modified on 2/2/2009 (VB). (Entered: 01/29/2009)
Noting Date Set/Reset re 161 MOTION FOR CLARIFICATION OF JANUARY 14TH 2009 MINUTE ORDER RE: MOTION TO CORRECT THE RECORD : Noting Date 2/13/2009, (VB) (Entered: 02/02/2009)
162 DOCUMENT RELATED TO CORRECT MOTION RESPONSE, by Intervenor Plaintiffs Maria Lovell, Kimberly Sullivan, Jeanna Dela Cruz, to 161 DEFENDANT UNITED'S MOTION FOR CLARIFICATION OF JANIUARY 14, 2009 MINUTE ORDER RE MOITION TO CORRECT THE RECORD MOTION to Amend MOTION TO CORRECT RECORD WITH RESPECT TO EMPLOYMENT CLASSIFICATION OF PLAINTIFF-INTERVENOR DELA CRUZ. (Varady, Carl) Modified on 2/2/2009 (VB). (Entered: 01/30/2009)
163 DECLARATION of Carl M. Varady, Exhibits 1-3 filed by Intervenor

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Plaintiffs Maria Lovell, Kimberly Sullivan, Jeanna Dela Cruz re 148 MOTION to Amend MOTION TO CORRECT RECORD WITH RESPECT TO EMPLOYMENT CLASSIFICATION OF PLAINTIFFINTERVENOR DELA CRUZ (Varady, Carl) (Entered: 01/30/2009)
164 RESPONSE, by Plaintiff Equal Employment Opportunity Commission, to 161 MOTION FOR CLARIFICATION OF JANUARY 14TH 2009 MINUTE ORDER RE: MOTION TO CORRECT THE RECORD. (Attachments: # 1 Proposed Order)(Hernandez, Evangelina) (Entered: 02/03/2009)
165 ORDER by Judge Thomas S. Zilly. The Court GRANTS Dft's Motion for Reconsideration, docket no. 161 . (cc: Ninth Circuit Appellate Commissioner Peter L. Shaw).(CL) (Entered: 02/04/2009)
166 MOTION for Reconsideration RENEWED MOTION TO CORRECT RECORD WITH RESPECT TO EMPLOYMENT CLASSIFICATION OF PLAINTIFF-INTERVENOR DELA CRUZ AND FOR RECONSIDERATION OF JULY 16, 2008 ORDER by Defendant United Air Lines Inc. (Attachments: # 1 Proposed Order [PROPOSED] ORDER GRANTING DEFENDANT'S RENEWED MOTION TO CORRECT RECORD WITH RESPECT TO EMPLOYMENT CLASSIFICATION OF PLAINTIFF-INTERVENOR DELA CRUZ AND FOR RECONSIDERATION OF JULY 16, 2008 ORDER) Noting Date 4/17/2009, (Levine, Kari) (Entered: 04/02/2009)
167 MINUTE ORDER by Thomas S. Zilly, United States District Judge. The Court RENOTES for 6/5/09 Dft's renewed motion to correct record, docket no. 166 . Any response and any reply shall be due in accordance with Local Rule CR7(d),(CL) (Entered: 04/07/2009)
168 MOTION for Reconsideration re 167 Order to Re-Note Motion, 166 MOTION for Reconsideration RENEWED MOTION TO CORRECT RECORD WITH RESPECT TO EMPLOYMENT CLASSIFICATION OF PLAINTIFF-INTERVENOR DELA CRUZ AND FOR RECONSIDERATION OF JULY 16, 2008 ORDER REFILING OF DOCKET NO. 166 - Page 2 omitted in error by Defendant United Air Lines Inc. Noting Date 6/5/2009, (Levine, Kari) (Entered: 04/23/2009)
169 ORDER of USCA (08-35682) as to 140 Notice of Appeal, filed by Maria Lovell (ORDER RECEIVED THIS DATE IN APPEALS BOX) Pursuant to district court's 2/4/09 order, this appeal is REMANDED to the district court on a limited basis to allow the district court to consider the appellees' request for relief. The court, on its own motion, stays appellate proceedings. The appellees shall file a status report or appropriate motion by 5/28/09, or within 7 days after the district court's decision whichever occurs earlier.(SA) (Entered: 05/05/2009)

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170 MINUTE ORDER by Thomas S. Zilly, United States District Judge. The Clerk is directed to terminate Defendant's second motion to correct, docket no. 168 , from the Court's motion calendar. Defendant's first motion to correct, docket no. 166 , as amended by docket no. 168 , shall remain noted for June 5, 2009, with any response and any reply due in accordance with Local Rule CR 7(d).(CL) (Entered: 05/06/2009)
171 RESPONSE, by Intervenor Plaintiffs Maria Lovell, Kimberly Sullivan, Jeanna Dela Cruz, to 166 MOTION for Reconsideration RENEWED MOTION TO CORRECT RECORD WITH RESPECT TO EMPLOYMENT CLASSIFICATION OF PLAINTIFF-INTERVENOR DELA CRUZ AND FOR RECONSIDERATION OF JULY 16, 2008 ORDER. (Attachments: # 1 Declaration of Jeanna Dela Cruz, Exhibits 1-2, # 2 Declaration of Carl M. Varady, Exhibits 1-4 & COS)(Varady, Carl) (Entered: 06/01/2009)
172 NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Jonathan D Martin for Defendant United Air Lines Inc. (Levine, Kari) (Entered: 06/03/2009)
173 Intervenor COMPLAINT by Plaintiff Intervenors Lovell and Sullivan with JURY DEMAND, filed by Maria Lovell, Kimberly Sullivan.(Varady, Carl) (Entered: 06/05/2009)
174 MOTION to Certify Class by Intervenor Plaintiffs Maria Lovell, Kimberly Sullivan. Oral Argument Requested. (Attachments: # 1 Certificate of service) Noting Date 6/26/2009, (Varady, Carl) (Entered: 06/05/2009)
175 DECLARATION of Maria Lovell filed by Intervenor Plaintiffs Maria Lovell, Kimberly Sullivan re 174 MOTION to Certify Class (Attachments: # 1 Certificate of service)(Varady, Carl) (Entered: 06/05/2009)
176 DECLARATION of Kimberly Sullivan filed by Intervenor Plaintiffs Maria Lovell, Kimberly Sullivan re 174 MOTION to Certify Class (Attachments: # 1 Certificate of Service)(Varady, Carl) (Entered: 06/05/2009)
177 DECLARATION of Carl M. Varady filed by Intervenor Plaintiffs Maria Lovell, Kimberly Sullivan re 174 MOTION to Certify Class (Varady, Carl) (Entered: 06/05/2009)
178 DECLARATION of Thomas R. Grande filed by Intervenor Plaintiffs Maria Lovell, Kimberly Sullivan re 174 MOTION to Certify Class (Attachments: # 1 Certificate of Service)(Varady, Carl) (Entered: 06/05/2009)
179 PROPOSED ORDER (Unsigned) re 174 MOTION to Certify Class (Attachments: # 1 Certificate of Service)(Varady, Carl) (Entered: 06/05/2009)

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180 REPLY, filed by Defendant United Air Lines Inc, TO RESPONSE to 166 MOTION for Reconsideration RENEWED MOTION TO CORRECT RECORD WITH RESPECT TO EMPLOYMENT CLASSIFICATION OF PLAINTIFF-INTERVENOR DELA CRUZ AND FOR RECONSIDERATION OF JULY 16, 2008 ORDER (Murray, John) (Entered: 06/05/2009)
181 DECLARATION of Carolyn Schoeneman in Support of Renewed Motion to Correct Record With Respect to Employment Classification of PlaintiffIntervenor Dela Cruz and For Reconsideration of July 16, 2008 Order filed by Defendant United Air Lines Inc re 166 MOTION for Reconsideration RENEWED MOTION TO CORRECT RECORD WITH RESPECT TO EMPLOYMENT CLASSIFICATION OF PLAINTIFFINTERVENOR DELA CRUZ AND FOR RECONSIDERATION OF JULY 16, 2008 ORDER (Murray, John) (Entered: 06/05/2009)
182 PRAECIPE to attach document (Signature Page to Declaration) re 176 Declaration by Intervenor Plaintiffs Maria Lovell, Kimberly Sullivan. (Varady, Carl) (Entered: 06/05/2009)
183 Letter from Kari Erickson Levine Requesting Court Strike Complaint in Intervention and terminate Motion for Certification filed on June 5, 2009. (Levine, Kari) (Entered: 06/10/2009)
184 DECLARATION of Carl M. Varady, Exhibits 1-4 & COS filed by Intervenor Plaintiffs Maria Lovell, Kimberly Sullivan, Jeanna Dela Cruz re 174 MOTION to Certify Class (Varady, Carl) (Entered: 06/10/2009)
185 Letter from Kari Erickson Levine Acknowledging Receipt of the Declaration of Carl M. Varady. (Levine, Kari) (Entered: 06/11/2009)
186 RESPONSE, by Plaintiff Equal Employment Opportunity Commission, to 174 MOTION to Certify Class. Oral Argument Requested. (Attachments: # 1 Declaration of Evangelina Hernandez, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Hernandez, Evangelina) (Entered: 06/22/2009)
187 RESPONSE, by Defendant United Air Lines Inc, to 66 MOTION to Intervene Plainitff-Intervenors' Motion to File Complaint in Intervention. (Levine, Kari) (Entered: 06/22/2009)
188 PRAECIPE RE DEFENDANT UNITED AIRLINES, INC.'S PRELIMINARY RESPONSE TO MOTION BY PROPOSED INTERVENORS MARIA LOVELL AND KIMBERLY SULLIVAN FOR CERTIFICATION AND PERMISSION TO PROCEED AS CLASS ACTION by Defendant United Air Lines Inc. (Levine, Kari) (Entered: 06/22/2009)
189 MOTION to Lift Stay and Conduct Limited Discovery by Plaintiff Equal

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Employment Opportunity Commission. Oral Argument Requested. Noting Date 7/10/2009, (Hernandez, Evangelina) (Entered: 06/25/2009)
190 REPLY, filed by Intervenor Plaintiffs Maria Lovell, Kimberly Sullivan, TO RESPONSE to 174 MOTION to Certify Class (Varady, Carl) (Entered: 06/26/2009)
191 DECLARATION of Carl M. Varady, Exhibit 1 & COS filed by Intervenor Plaintiffs Maria Lovell, Kimberly Sullivan re 174 MOTION to Certify Class (Varady, Carl) (Entered: 06/26/2009)
192 ORDER by Judge Thomas S. Zilly. Defendants Renewed Motion to Correct Record, docket nos. 166 & 168 , is GRANTED. Intervenors Motion for Class Certification, docket no. 174 , is STRICKEN with prejudice as inappropriately filed; and Plaintiffs Motion to Lift Stay and Conduct Discovery, docket no. 189 , is DENIED. (KL) (Entered: 07/06/2009)
193 ORDER of USCA (08-35682, NOT THE MANDATE) as to 140 Notice of Appeal, filed by Maria Lovell Appellee's motion to dismiss for lack of jurisdiction is GRANTED. DISMISSED.(SA) (Entered: 09/15/2009)
194 MANDATE of USCA (08-35682) as to 140 Notice of Appeal, filed by Maria Lovell;DISMISSED. (Attachments: # 1 Order of USCA)(LMK) (Entered: 10/06/2009)
195 MINUTE ORDER by Judge Thomas S. Zilly. In light of the mandate issued by the United States Court of Appeals for the Ninth Circuit on October 6, 2009, docket no. 194 , the stay imposed in this case is hereby LIFTED and this case is returned to active status. Counsel are directed to file a Joint Status Report by November 20, 2009. (KL) (Entered: 10/29/2009)
196 JOINT STATUS REPORT signed by all parties. (Levine, Kari) (Entered: 11/20/2009)
Set Hearing: Scheduling Conference set for 12/4/2009 at 2:00 PM before Judge Thomas S. Zilly. Counsel may appear telephonically. Counsel are directed to initiate a conference call among themselves and then contact chambers at (206) 370-8830. The Court will issue a separate agenda for the scheduling conference. (KK) (Entered: 11/25/2009)
197 NOTICE OF WITHDRAWAL OF COUNSEL: Attorney David Kadue for Defendant United Air Lines Inc. (Levine, Kari) (Entered: 11/30/2009)
198 MINUTE ORDER re case management issues for 12/4/09 status conference by Judge Thomas S. Zilly. (RS) (Entered: 11/30/2009)
199 SUPPLEMENT Joint Status Report by Defendant United Air Lines Inc. (Levine, Kari) (Entered: 12/02/2009)

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201 MINUTE ENTRY for proceedings held before Judge Thomas S. ZillyStatus Conference held on 12/4/2009 in chambers, at which counsel appeared in person and other counsel appeared telephonically. See Minute Order, docket no. 200 . (GG) (Entered: 12/08/2009)
200 MINUTE ORDER by Thomas S. Zilly, United States District Judge. Parties to file a proposed discovery plan ddl set for 2/1/2010. The Court sets the following dates and deadlines: 39.1 mediation to be completed by 8/31/2010, Discovery completed by 6/25/2010, Motions to intervine 2/4/2010, Intervenors' expert reports disclosed by 4/30/2010, Dispositive motions due by 7/8/2010, Discovery Motions due by 5/27/2010, Motions in Limine due by 9/23/2010, Agreed Pretrial Order due by 10/12/2010, Voir dire/jury instructions/trial briefs due by 10/20/2010, Jury Trial is set for 10/25/2010 before Judge Thomas S. Zilly. Pretrial Conference set for 10/15/2010 at 02:00 PM before Judge Thomas S. Zilly. Length of trial: 2 weeks. (CL) (Entered: 12/07/2009)
202 DEFENDANT'S BRIEF RE PROPOSED DEFINITION OF CLAIMANT BRIEF by Defendant United Air Lines Inc. (Levine, Kari) (Entered: 12/11/2009)
203 Plaintiff EEOC BRIEF re 200 Minute Order,,, Set Deadlines/Hearings,, 202 Brief Related to Definition of Claimants by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Wong Affidavit)(Hernandez, Evangelina) (Entered: 12/11/2009)
204 Plaintiff-Intervenors' Brief BRIEF re 200 Minute Order,,, Set Deadlines/Hearings,, by Intervenor Plaintiffs Maria Lovell, Kimberly Sullivan, Jeanna Dela Cruz. (Varady, Carl) (Entered: 12/11/2009)
205 ORDER re: Clarification as to the definition of "claimant" for purposes of this litigation, by Judge Thomas S. Zilly. (CL) (Entered: 12/22/2009)
206 SUPPLEMENTAL BRIEF re 203 Brief, 200 Minute Order,,, Set Deadlines/Hearings,, 205 Order by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Cheung Declaration, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B)(Cheung, Raymond) (Entered: 01/08/2010)
207 Plaintiff-Intervenors' Supplemental BRIEF re 205 Order by Intervenor Plaintiffs Maria Lovell, Kimberly Sullivan, Jeanna Dela Cruz. (Varady, Carl) (Entered: 01/08/2010)
208 SUPPLEMENT re 202 Brief Re Claimant Definition by Defendant United Air Lines Inc. (Levine, Kari) (Entered: 01/19/2010)
209 REPLY BRIEF re 205 Order, 208 Supplement, 206 Brief, 207 Brief by Plaintiff Equal Employment Opportunity Commission. Oral Argument

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Requested. (Hernandez, Evangelina) (Entered: 01/22/2010)
210 REPLY BRIEF by Plaintiff-Intervenors re 208 Supplement by Intervenor Plaintiffs Maria Lovell, Kimberly Sullivan, Jeanna Dela Cruz.. (Varady, Carl) (Entered: 01/22/2010)
211 DISCOVERY PLAN Filed by Defendant United Air Lines Inc.(Levine, Kari) (Entered: 01/29/2010)
212 DECLARATION of Kari Erickson Levine re 211 Discovery Plan by Defendant United Air Lines Inc. (Levine, Kari) (Entered: 01/29/2010)
213 EXHIBIT A and B to Declaration of Kari Erickson Levine ISO Discovery Plan re 212 Declaration (non motion) by Defendant United Air Lines Inc. (Levine, Kari) (Entered: 01/29/2010)
214 PRAECIPE to attach document Signature Page re 212 Declaration (non motion) by Defendant United Air Lines Inc. (Levine, Kari) (Entered: 02/01/2010)
215 DISCOVERY PLAN Filed by Intervenor Plaintiffs Maria Lovell, Kimberly Sullivan, Jeanna Dela Cruz, Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Certificate of Service)(Varady, Carl) (Entered: 02/01/2010)
216 DECLARATION of Raymond T. Cheung re 215 Discovery Plan by Intervenor Plaintiffs Maria Lovell, Kimberly Sullivan, Jeanna Dela Cruz, Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A to Declaration of Raymond T. Cheung, # 2 Certificate of Service)(Varady, Carl) (Entered: 02/01/2010)
217 MOTION for Protective Order by Defendant United Air Lines Inc. Noting Date 2/12/2010, (Levine, Kari) (Entered: 02/04/2010)
218 DECLARATION of Kari Erickson levine ISO of Defendant's Motion for Protective Order filed by Defendant United Air Lines Inc re 217 MOTION for Protective Order (Levine, Kari) (Entered: 02/04/2010)
219 Second MOTION to Intervene Noting Date 2/19/2010, (Varady, Carl) (Entered: 02/04/2010)
220 DECLARATION of Leialoha Anderson filed by Intervenor Plaintiffs Maria Lovell, Kimberly Sullivan, Jeanna Dela Cruz, Plaintiffs Leialoha Anderson, Carole Barnes, Yolanda Busch, Ronna Chiaroni, Requicha Clemons, Kathleen Cobb, Kevin Comaskey, Starris Dean, Deboray Donovan, Pamela Dronsfield, Sheila Gumbs-Daniel, Lorene Imamura, Rachel Kam, Valerie Konow, Melissa Mahelona, Solomom Makalena, Ivan Montelegre, Pamela Olivas, Susan Quimby, Charlotte Travis, Linda Tsutsumi, Katherine Wong re 219 Second MOTION to Intervene (Varady, Carl) (Entered: 02/04/2010)

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221 DECLARATION of Carole Barnes filed by Plaintiffs Leialoha Anderson, Carole Barnes, Yolanda Busch, Ronna Chiaroni, Requicha Clemons, Kathleen Cobb, Kevin Comaskey, Starris Dean, Deboray Donovan, Pamela Dronsfield, Sheila Gumbs-Daniel, Lorene Imamura, Rachel Kam, Valerie Konow, Melissa Mahelona, Solomom Makalena, Ivan Montelegre, Pamela Olivas, Susan Quimby, Charlotte Travis, Linda Tsutsumi, Katherine Wong re 219 Second MOTION to Intervene (Varady, Carl) (Entered: 02/04/2010)
222 DECLARATION of Yolanda Busch filed by Plaintiffs Leialoha Anderson, Carole Barnes, Yolanda Busch, Ronna Chiaroni, Requicha Clemons, Kathleen Cobb, Kevin Comaskey, Starris Dean, Deboray Donovan, Pamela Dronsfield, Sheila Gumbs-Daniel, Lorene Imamura, Rachel Kam, Valerie Konow, Melissa Mahelona, Solomom Makalena, Ivan Montelegre, Pamela Olivas, Susan Quimby, Charlotte Travis, Linda Tsutsumi, Katherine Wong re 219 Second MOTION to Intervene (Varady, Carl) (Entered: 02/04/2010)
223 DECLARATION of Ronna Chiaroni filed by Plaintiff Ronna Chiaroni re 219 Second MOTION to Intervene (Varady, Carl) (Entered: 02/04/2010)
224 DECLARATION of Requicha Clemons filed by Plaintiff Requicha Clemons re 219 Second MOTION to Intervene (Varady, Carl) (Entered: 02/04/2010)
225 DECLARATION of Kathleen Cobb filed by Plaintiff Kathleen Cobb re 219 Second MOTION to Intervene (Varady, Carl) (Entered: 02/04/2010)
226 DECLARATION of Kevin Comaskey filed by Plaintiff Kevin Comaskey re 219 Second MOTION to Intervene (Varady, Carl) (Entered: 02/04/2010)
227 DECLARATION of Starris Dean filed by Plaintiff Starris Dean re 219 Second MOTION to Intervene (Varady, Carl) (Entered: 02/04/2010)
228 DECLARATION of Deborah Donovan filed by Plaintiff Deboray Donovan re 219 Second MOTION to Intervene (Varady, Carl) (Entered: 02/04/2010)
229 DECLARATION of Pamela Dronsfield filed by Plaintiff Pamela Dronsfield re 219 Second MOTION to Intervene (Varady, Carl) (Entered: 02/04/2010)
230 DECLARATION of Sheila Gumbs-Daniel filed by Plaintiff Sheila Gumbs-Daniel re 219 Second MOTION to Intervene (Varady, Carl) (Entered: 02/04/2010)

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231 DECLARATION of Lorene Imamura filed by Plaintiff Lorene Imamura re 219 Second MOTION to Intervene (Varady, Carl) (Entered: 02/04/2010)
232 DECLARATION of Rachel Kam filed by Plaintiff Rachel Kam re 219 Second MOTION to Intervene (Varady, Carl) (Entered: 02/04/2010)
233 DECLARATION of Valerie Konow filed by Plaintiff Valerie Konow re 219 Second MOTION to Intervene (Varady, Carl) (Entered: 02/04/2010)
234 DECLARATION of Melissa Mahelona filed by Plaintiff Melissa Mahelona re 219 Second MOTION to Intervene (Varady, Carl) (Entered: 02/04/2010)
235 DECLARATION of Solomon Makalena filed by Plaintiff Solomom Makalena re 219 Second MOTION to Intervene (Varady, Carl) (Entered: 02/04/2010)
236 DECLARATION of Ivan Montelegre filed by Plaintiff Ivan Montelegre re 219 Second MOTION to Intervene (Varady, Carl) (Entered: 02/04/2010)
237 DECLARATION of Pamela Olivas filed by Plaintiff Pamela Olivas re 219 Second MOTION to Intervene (Varady, Carl) (Entered: 02/04/2010)
238 DECLARATION of Susan Quimby filed by Plaintiff Susan Quimby re 219 Second MOTION to Intervene (Varady, Carl) (Entered: 02/04/2010)
239 DECLARATION of Charlotte Travis filed by Plaintiff Charlotte Travis re 219 Second MOTION to Intervene (Varady, Carl) (Entered: 02/04/2010)
240 DECLARATION of Linda Tsutsumi filed by Plaintiff Linda Tsutsumi re 219 Second MOTION to Intervene (Varady, Carl) (Entered: 02/04/2010)
241 DECLARATION of Katherine Wong filed by Plaintiff Katherine Wong re 219 Second MOTION to Intervene (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Certificate of Service)(Varady, Carl) (Entered: 02/04/2010)
242 RESPONSE, by Plaintiff Equal Employment Opportunity Commission, to 217 MOTION for Protective Order. (Attachments: # 1 Exhibit AF)(Hernandez, Evangelina) (Entered: 02/10/2010)
243 RESPONSE, by Plaintiff Equal Employment Opportunity Commission,

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to 217 MOTION for Protective Order. (Attachments: # 1 Exhibit Exhibts A-F)(Hernandez, Evangelina) (Entered: 02/10/2010)
244 RESPONSE, by Intervenor Plaintiffs Maria Lovell, Kimberly Sullivan, Jeanna Dela Cruz, Plaintiffs Leialoha Anderson, Carole Barnes, Yolanda Busch, Ronna Chiaroni, Requicha Clemons, Kathleen Cobb, Kevin Comaskey, Starris Dean, Deboray Donovan, Pamela Dronsfield, Sheila Gumbs-Daniel, Lorene Imamura, Rachel Kam, Valerie Konow, Melissa Mahelona, Solomom Makalena, Ivan Montelegre, Pamela Olivas, Susan Quimby, Charlotte Travis, Linda Tsutsumi, Katherine Wong, to 217 MOTION for Protective Order. (Attachments: # 1 Certificate of Service)(Varady, Carl) (Entered: 02/10/2010)
245 DECLARATION of Carl M. Varady filed by Intervenor Plaintiffs Maria Lovell, Kimberly Sullivan, Jeanna Dela Cruz, Plaintiffs Leialoha Anderson, Carole Barnes, Yolanda Busch, Ronna Chiaroni, Requicha Clemons, Kathleen Cobb, Kevin Comaskey, Starris Dean, Deboray Donovan, Pamela Dronsfield, Sheila Gumbs-Daniel, Lorene Imamura, Rachel Kam, Valerie Konow, Melissa Mahelona, Solomom Makalena, Ivan Montelegre, Pamela Olivas, Susan Quimby, Charlotte Travis, Linda Tsutsumi, Katherine Wong re 217 MOTION for Protective Order (Attachments: # 1 Exhibit 1 to Declaration of Carl M. Varady, # 2 Certificate of Service)(Varady, Carl) (Entered: 02/10/2010)
246 REPLY, filed by Defendant United Air Lines Inc, TO RESPONSE to 217 MOTION for Protective Order (Levine, Kari) (Entered: 02/12/2010)
247 RESPONSE, by Defendant United Air Lines Inc, to 219 Second MOTION to Intervene. (Levine, Kari) (Entered: 02/16/2010)
248 RESPONSE, by Plaintiff Equal Employment Opportunity Commission, to 219 Second MOTION to Intervene. (Hernandez, Evangelina) (Entered: 02/16/2010)
249 ORDER providing further clarification as to definition of claimant; granting 217 Motion for Protective Order; renoting 219 Second MOTION to Intervene : Noting Date 3/12/2010, by Judge Thomas S. Zilly.(RS) (Entered: 03/01/2010)
250 NOTICE of Voluntary Dismissal of case by Intervenor Plaintiffs Maria Lovell, Kimberly Sullivan, Jeanna Dela Cruz (Attachments: # 1 Certificate of Service)(Varady, Carl) (Entered: 03/06/2010)
251 WITHDRAWAL of Motion re 219 Second MOTION to Intervene ; by Intervenor Plaintiff Maria Lovell, Plaintiffs Leialoha Anderson, Carole Barnes, Yolanda Busch, Ronna Chiaroni, Requicha Clemons, Kathleen Cobb, Kevin Comaskey, Starris Dean, Deboray Donovan, Pamela

03/06/2010
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Dronsfield, Sheila Gumbs-Daniel, Lorene Imamura, Rachel Kam, Valerie Konow, Melissa Mahelona, Solomom Makalena, Ivan Montelegre, Pamela Olivas, Susan Quimby, Charlotte Travis, Linda Tsutsumi, Katherine Wong. (Attachments: # 1 Certificate of Service)(Varady, Carl) (Entered: 03/06/2010)
252 ERRATA re 251 Withdrawal of Motion,, by Plaintiffs Leialoha Anderson, Carole Barnes, Yolanda Busch, Ronna Chiaroni, Requicha Clemons, Kathleen Cobb, Kevin Comaskey, Starris Dean, Deboray Donovan, Pamela Dronsfield, Sheila Gumbs-Daniel, Lorene Imamura, Rachel Kam, Valerie Konow, Melissa Mahelona, Solomom Makalena, Ivan Montelegre, Pamela Olivas, Susan Quimby, Charlotte Travis, Linda Tsutsumi, Katherine Wong. (Attachments: # 1 Certificate of Service)(Varady, Carl) (Entered: 03/06/2010)
253 DISCOVERY PLAN Filed by Defendant United Air Lines Inc.(Levine, Kari) (Entered: 03/26/2010)
254 SEALED DOCUMENT Undisputed and Disputed Claimant List by Defendant United Air Lines Inc re 249 Order on Motion for Protective Order, Util - Set/Reset Motion Noting Date (Levine, Kari) (Entered: 04/02/2010)
255 SEALED DOCUMENT List of Disputed Claimants previously filed with Court on 4/2/10 by Plaintiff Equal Employment Opportunity Commission re 249 Order on Motion for Protective Order, Util - Set/Reset Motion Noting Date (Hernandez, Evangelina) (Entered: 04/05/2010)
256 MOTION for Extension of Time to Complete Discovery and Trial by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Declaration of Raymond Cheung, # 2 Exhibit A) Noting Date 4/30/2010, (Cheung, Raymond) (Entered: 04/12/2010)
257 CERTIFICATE OF SERVICE by Plaintiff Equal Employment Opportunity Commission re 256 MOTION for Extension of Time to Complete Discovery and Trial. (Cheung, Raymond) (Entered: 04/13/2010)
258 SEALED MINUTE ORDER by Judge Thomas S. Zilly.(CL) (Entered: 04/13/2010)
259 NOTICE of Appearance by attorney Molly P Kucuk on behalf of Plaintiff Equal Employment Opportunity Commission. (Kucuk, Molly) (Entered: 04/14/2010)
260 SEALED DOCUMENT Based on Order of April 13 2010 by Plaintiff Equal Employment Opportunity Commission re 249 Order on Motion for Protective Order, Util - Set/Reset Motion Noting Date (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Proof of Service)(Hernandez, Evangelina) (Entered: 05/14/2010)

05/18/2010
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261 SEALED DOCUMENT ERRATA UNDER SEAL THE EEOCS AMENDED SUBMISSION OF OFFER OF PROOF FOR PROPOSED CLAIMANT LIST PURSUANT TO COURT ORDER DATED APRIL 13, 2010 by Plaintiff Equal Employment Opportunity Commission re 249 Order on Motion for Protective Order, Util - Set/Reset Motion Noting Date (Hernandez, Evangelina) (Entered: 05/18/2010)
262 MOTION for Extension of Time for Filing Discovery Motions by Plaintiff Equal Employment Opportunity Commission. Oral Argument Requested. (Attachments: # 1 Exhibit Declaration of R. Cheung, # 2 Exhibit A, # 3 Exhibit B) Noting Date 6/11/2010, (Cheung, Raymond) (Entered: 05/24/2010)
263 MOTION to Compel Privilege Log by Plaintiff Equal Employment Opportunity Commission. Noting Date 6/18/2010, (Kucuk, Molly) (Entered: 05/27/2010)
264 MEMORANDUM filed by Plaintiff Equal Employment Opportunity Commission re 263 MOTION to Compel Privilege Log (Attachments: # 1 Exhibit A)(Kucuk, Molly) (Entered: 05/27/2010)
265 DECLARATION of Kucuk filed by Plaintiff Equal Employment Opportunity Commission re 263 MOTION to Compel Privilege Log (Attachments: # 1 Exhibit A: May 6, 2010 Email from Levine, # 2 Exhibit B: Defendant's Privilege Log, # 3 Exhibit C: May 25, 2010 Letter from Kucuk to Counsel, # 4 Exhibit D: May 25-26, 2010 Email Communication with Counsel)(Kucuk, Molly) (Entered: 05/27/2010)
266 PROPOSED ORDER (Unsigned) re 263 MOTION to Compel Privilege Log. (Kucuk, Molly) (Entered: 05/27/2010)
267 MOTION to Compel Deposition of Vania Wit by Plaintiff Equal Employment Opportunity Commission. Oral Argument Requested. (Attachments: # 1 Hernandez Declaration, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5) Noting Date 6/11/2010, (Cheung, Raymond) (Entered: 05/27/2010)
268 PROPOSED ORDER (Unsigned) re 267 MOTION to Compel Deposition of Vania Wit & Cert. of Service. (Cheung, Raymond) (Entered: 05/27/2010)
269 MOTION to Compel Prouction of Documents by Plaintiff Equal Employment Opportunity Commission. (Hernandez, Evangelina) (Entered: 05/27/2010)
270 SEALED DOCUMENT Declaration of Evangelina Hernandez in Support of EEOC Motion to Compel the Production of Documents by Plaintiff Equal Employment Opportunity Commission re 269 MOTION to Compel Prouction of Documents, 249 Order on Motion for Protective

05/27/2010 05/27/2010 05/27/2010
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Order, Util - Set/Reset Motion Noting Date (Hernandez, Evangelina) (Entered: 05/27/2010)
271 PROPOSED ORDER (Unsigned) re 269 MOTION to Compel Prouction of Documents, 270 Sealed Document,. (Hernandez, Evangelina) (Entered: 05/27/2010)
272 MOTION to Compel 30(b)(6) Deposition Testimony on Topics 9, 10 and 11 by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order)(Hernandez, Evangelina) (Entered: 05/27/2010)
273 DECLARATION of Evangelina Hernandez filed by Plaintiff Equal Employment Opportunity Commission re 272 MOTION to Compel 30(b)(6) Deposition Testimony on Topics 9, 10 and 11 (Attachments: # 1 Exhibit 1-EEOC 4th Amended 30(b)(6) notice, # 2 Exhibit 2-email, # 3 Exhibit 3- Email, # 4 Exhibit 4-EEOC 5th Amended Notice, # 5 Exhibit 6- EEOC 2nd Amended Notice, # 6 Exhibit 7-Chart, # 7 Exhibit 8-Carolyn Schoeneman's transcript, # 8 Exhibit 9Anthony Bedalov's Transcript)(Hernandez, Evangelina) (Entered: 05/27/2010)
Noting Date Reset re 272 MOTION to Compel 30(b)(6) Deposition Testimony on Topics 9, 10 and 11, 269 MOTION to Compel Prouction of Documents : Noting Date 6/11/2010. (CL) (Entered: 05/28/2010)
274 SEALED DOCUMENT UNITED'S OBJECTIONS TO PLAINTIFF'S OFFER OF PROOF AS TO 16 WOULD BE CLAIMANTS by Defendant United Air Lines Inc re 249 Order on Motion for Protective Order, Util Set/Reset Motion Noting Date (Levine, Kari) (Entered: 05/28/2010)
275 SEALED DOCUMENT DECLARATION OF COLLETTE JACKSON IN SUPPORT OF UNITED'S UNDER SEAL OBJECTIONS TO PLAINTIFF'S OFFER OF PROOF REGARDING 16 WOULD BE CLAIMANTS by Defendant United Air Lines Inc re 249 Order on Motion for Protective Order, Util - Set/Reset Motion Noting Date (Levine, Kari) (Entered: 05/28/2010)
276 CERTIFICATE OF SERVICE by Defendant United Air Lines Inc re 275 Sealed Document, 274 Sealed Document,. (Levine, Kari) (Entered: 05/28/2010)
277 SEALED DOCUMENT CONSOLIDATED OPPOSITION TO PLAINTIFF'S MOTIONS TO COMPEL AND EXTEND DEADLINE by Defendant United Air Lines Inc re 249 Order on Motion for Protective Order, Util - Set/Reset Motion Noting Date (Levine, Kari) (Entered: 06/09/2010)
278 SEALED DOCUMENT DECLARATION OF KARI ERICKSON LEVINE

06/09/2010 06/11/2010 06/11/2010
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IN SUPPORT OF DEFENDANT'S CONSOLIDATED OPPOSITION TO PLAINTIFF'S MOTIONS TO COMPEL by Defendant United Air Lines Inc re 249 Order on Motion for Protective Order, Util - Set/Reset Motion Noting Date (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Exhibit Exhibit H, # 9 Exhibit Exhibit I, # 10 Exhibit Exhibit J, # 11 Exhibit Exhibit K)(Levine, Kari) (Entered: 06/09/2010)
279 WITHDRAWAL of Motion re 263 MOTION to Compel Privilege Log ; by Plaintiff Equal Employment Opportunity Commission. (Kucuk, Molly) (Entered: 06/09/2010)
280 MOTION for Leave To Note Additional Depositions by Plaintiff Equal Employment Opportunity Commission. (Kucuk, Molly) (Entered: 06/11/2010)
281 REPLY, filed by Plaintiff Equal Employment Opportunity Commission, TO RESPONSE to 269 MOTION to Compel Prouction of Documents, 272 MOTION to Compel 30(b)(6) Deposition Testimony on Topics 9, 10 and 11, 267 MOTION to Compel Deposition of Vania Wit (Attachments: # 1 Exhibit Declaration, # 2 Exhibit Exhibit 1)(Cheung, Raymond) (Entered: 06/11/2010)
282 MEMORANDUM re 280 MOTION for Leave To Note Additional Depositions by Plaintiff Equal Employment Opportunity Commission. (Kucuk, Molly) (Entered: 06/11/2010)
283 REPLY, filed by Plaintiff Equal Employment Opportunity Commission, TO RESPONSE to 262 MOTION for Extension of Time for Filing Discovery Motions (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2)(Cheung, Raymond) (Entered: 06/11/2010)
284 DECLARATION of Evangelina Hernandez re 280 MOTION for Leave To Note Additional Depositions by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 A, # 2 B, # 3 C, # 4 D)(Kucuk, Molly) (Entered: 06/11/2010)
Noting Date Reset as per CR7 (d)(3): 280 MOTION for Leave To Note Additional Depositions : Noting Date 7/2/2010. (CL) (Entered: 06/14/2010)
285 NOTICE of Unavailability of counsel Evangelina Hernandez for Plaintiff Equal Employment Opportunity Commission from June 21, 2010 to July 13, 2010. (Hernandez, Evangelina) (Entered: 06/17/2010)
286 MOTION for Relief From Court Order [Dkt No. 249] by Plaintiff Equal Employment Opportunity Commission. Noting Date 6/25/2010, (Kucuk, Molly) (Entered: 06/17/2010)

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287 DECLARATION of Molly P. Kucuk filed by Plaintiff Equal Employment Opportunity Commission re 286 MOTION for Relief From Court Order [Dkt No. 249] (Attachments: # 1 Exhibit A: Defendant's Discovery Responses (Fourth Set of Interrogatories))(Kucuk, Molly) (Entered: 06/17/2010)
288 PROPOSED ORDER (Unsigned) re 286 MOTION for Relief From Court Order [Dkt No. 249] (Kucuk, Molly) (Entered: 06/17/2010)
289 RESPONSE, by Defendant United Air Lines Inc, to 286 MOTION for Relief From Court Order [Dkt No. 249]. (Levine, Kari) (Entered: 06/21/2010)
290 DECLARATION of KARI ERICKSON LEVINE IN SUPPORT OF DEFENDANT'S OPPOSITION TO PLAINTIFF'S MOTION FOR RELIEF RE IDENTIFICATION OF PHASE 2 CLAIMANTS filed by Defendant United Air Lines Inc re 286 MOTION for Relief From Court Order [Dkt No. 249] (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Levine, Kari) (Entered: 06/21/2010)
291 RESPONSE, by Defendant United Air Lines Inc, to 280 MOTION for Leave To Note Additional Depositions. (Levine, Kari) (Entered: 06/21/2010)
292 DECLARATION of KARI ERICKSON LEVINE IN SUPPORT OF DEFENDANT'S OPPOSITION TO PLAINTIFF'S MOTION FOR LEAVE TO NOTE ADDITIONAL DEPOSITIONS filed by Defendant United Air Lines Inc re 280 MOTION for Leave To Note Additional Depositions (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Levine, Kari) (Entered: 06/21/2010)
293 DECLARATION of JOHN T. MURRAY IN SUPPORT OF DEFENDANT'S OPPOSITION TO PLAINTIFF'S MOTION FOR LEAVE TO NOTE ADDITIONAL DEPOSITIONS filed by Defendant United Air Lines Inc re 280 MOTION for Leave To Note Additional Depositions (Attachments: # 1 Exhibit 1)(Levine, Kari) (Entered: 06/21/2010)
294 ERRATA re 291 Response to Motion For Leave to Note Additional Depositions by Defendant United Air Lines Inc. (Levine, Kari) (Entered: 06/24/2010)
295 MOTION for Leave to File Excess Pages For Overlength Dispositive Motion by Defendant United Air Lines Inc. (Attachments: # 1 Proposed Order) Noting Date 6/28/2010, (Levine, Kari) (Entered: 06/28/2010)
296 MOTION for Leave to File Motion to Compel by Plaintiff Equal Employment Opportunity Commission. Noting Date 7/9/2010, (Kucuk, Molly) (Entered: 06/30/2010)

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297 DECLARATION of Ray Cheung filed by Plaintiff Equal Employment Opportunity Commission re 296 MOTION for Leave to File Motion to Compel (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Kucuk, Molly) (Entered: 06/30/2010)
298 PROPOSED ORDER (Unsigned) re 296 MOTION for Leave to File Motion to Compel (Kucuk, Molly) (Entered: 06/30/2010)
299 MOTION to Compel Rule 30(b)(6) Deposition (Issues 12, 13, 14, 15) by Plaintiff Equal Employment Opportunity Commission. Noting Date 7/9/2010, (Kucuk, Molly) (Entered: 06/30/2010)
300 DECLARATION of Cheung filed by Plaintiff Equal Employment Opportunity Commission re 299 MOTION to Compel Rule 30(b)(6) Deposition (Issues 12, 13, 14, 15) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Kucuk, Molly) (Entered: 06/30/2010)
301 PROPOSED ORDER (Unsigned) re 299 MOTION to Compel Rule 30(b)(6) Deposition (Issues 12, 13, 14, 15) (Kucuk, Molly) (Entered: 06/30/2010)
302 EXHIBIT J re 297 Declaration, by Plaintiff Equal Employment Opportunity Commission. (Kucuk, Molly) (Entered: 06/30/2010)
303 Letter from Kari Erickson Levine to The Honorable Thomas S. Zilly. (Levine, Kari) (Entered: 07/01/2010)
304 NOTICE that the following is RE-NOTED: 296 MOTION for Leave to File Motion to Compel. Filed by Plaintiff Equal Employment Opportunity Commission. Noting Date 7/16/2010, (Kucuk, Molly) (Entered: 07/01/2010)
305 NOTICE that the following is RE-NOTED: 299 MOTION to Compel Rule 30(b)(6) Deposition (Issues 12, 13, 14, 15). Filed by Plaintiff Equal Employment Opportunity Commission. Noting Date 7/16/2010, (Kucuk, Molly) (Entered: 07/01/2010)
306 SEALED ORDER by Judge Thomas S. Zilly. Dispositive motions due by 8/26/2010. (cc: attys) (CL) (Entered: 07/06/2010)
307 MOTION for Leave to File Excess Pages For Overlength Dispositive Motion Pursuant to CR7(F) by Defendant United Air Lines Inc. Noting Date 7/6/2010, (Levine, Kari) (Entered: 07/06/2010)
308 MINUTE ORDER by Thomas S. Zilly, United States District Judge. (1) United's motion to file overlength brief, see Consolidated Opposition at 1 n.1, docket no. 277 , is GRANTED. (2) EEOC's motion to compel deposition of Vania Wit, docket no. 267 , is DENIED. (3) EEOC's motion

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to compel production of documents, docket no. 269 , is DENIED IN PART and STRICKEN IN PART as moot. (4) EEOC's motion to compel deposition pursuant to Rule 30(b)(6), docket no. 272 , is DENIED. (5) EEOC's motion to extend deadline for filing discovery motions, docket no. 262 , is DENIED. (6) EEOC's motion to note additional depositions, docket no. 280 , is DENIED. (7) EEOC's motion for relief from order, docket no. 286 , is GRANTED IN PART and DENIED IN PART. (8) United's motion for overlength brief, docket no. 295 , is GRANTED IN PART and DENIED IN PART. (9) EEOC's motion for leave to file untimely discovery motion, docket no. 296 , is DENIED and EEOC's motion to compel, docket no. 299 , filed contemporaneously therewith, is STRICKEN as improperly filed. (CL) ( Modified on 7/6/2010 (Entered: 07/06/2010)
309 PROPOSED ORDER (Unsigned) re 307 MOTION for Leave to File Excess Pages For Overlength Dispositive Motion Pursuant to CR7(F). (Levine, Kari) (Entered: 07/06/2010)
310 NOTICE of Corrected Image/Document re 308 Order on Motion for Extension of Time, Order on Motion to Compel, Order on Motion for Leave, Order on Motion for Relief, Order on Motion for Leave to File Excess Pages. (Service of corrected image is attached). (CL) (Entered: 07/06/2010)
311 MINUTE ORDER by Thomas S. Zilly, United States District Judge. The Court DENIES Dft's 307 Motion for Overlength Dispositive Motion. (CL) (Entered: 07/08/2010)
312 SEALED DOCUMENT Withdrawal of Selected Claimants by Plaintiff Equal Employment Opportunity Commission re 249 Order on Motion for Protective Order, Util - Set/Reset Motion Noting Date (Kucuk, Molly) (Entered: 07/23/2010)
313 SEALED DOCUMENT Withdrawal of Selected Claimants by Plaintiff Equal Employment Opportunity Commission re 249 Order on Motion for Protective Order, Util - Set/Reset Motion Noting Date (Kucuk, Molly) (Entered: 08/05/2010)
314 SEALED DOCUMENT Withdrawal of Selected Claimants by Plaintiff Equal Employment Opportunity Commission re 249 Order on Motion for Protective Order, Util - Set/Reset Motion Noting Date (Kucuk, Molly) (Entered: 08/19/2010)
315 SEALED DOCUMENT Withdrawal of Claimants by Plaintiff Equal Employment Opportunity Commission re 249 Order on Motion for Protective Order, Util - Set/Reset Motion Noting Date (Kucuk, Molly) (Entered: 08/23/2010)

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316 SEALED MOTION to Motion For Summary Judgment/Adjudication; re 249 Order on Motion for Protective Order, Util - Set/Reset Motion Noting Date ; by Defendant United Air Lines Inc. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 9/17/2010, (Levine, Kari) (Entered: 08/26/2010)
317 SEALED DOCUMENT Declaration of Kari Erickson Levine in Support of Defendant's Motion for Summary Judgment/Adjudication by Defendant United Air Lines Inc re 249 Order on Motion for Protective Order, Util Set/Reset Motion Noting Date, 316 SEALED MOTION to Motion For Summary Judgment/Adjudication; re 249 Order on Motion for Protective Order, Util - Set/Reset Motion Noting Date ; SEALED MOTION to Motion For Summary Judgment/Adjudication; re 249 Order on Motion for Protective Order, Util - Set/Reset Motion Noting Date ; (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S)(Levine, Kari) (Entered: 08/26/2010)
318 MOTION for Partial Summary Judgment (Conditions Precedent and To Strike Affirmative Defenses 1, 2, 5, 6, and 10 by Plaintiff Equal Employment Opportunity Commission. Oral Argument Requested. Noting Date 9/17/2010, (Kucuk, Molly) (Entered: 08/26/2010)
319 DECLARATION of Kucuk filed by Plaintiff Equal Employment Opportunity Commission (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Kucuk, Molly) (Entered: 08/26/2010)
320 PROPOSED ORDER (Unsigned) Granting Plaintiff's Motion for Partial Summary Judgment on the Issue of Conditions Precedent and to Strike Affirmative Defenses # 1, 2, 5, 6, and 10 (Kucuk, Molly) (Entered: 08/26/2010)
321 MINUTE ORDER by Judge Thomas S. Zilly; EEOC's 312 313 314 315 Withdrawals of Selected Claimants shall remain under seal; United's 316 Motion for Summary Judgment and 317 Declaration of Counsel also shall remain sealed; Within 14 days of this Minute Order, United shall file via CM/ECF redacted versions of its Motion and Supporting Papers; Any future filings under seal shall be accompanied by appropriate Motion to Seal. (TF) (Entered: 09/01/2010)
322 Redacted MOTION for Summary Judgment re 316 SEALED MOTION for Summary Judgment by Defendant United Air Lines Inc. Oral Argument Requested. Noting Date 9/17/2010, (Levine, Kari) Modified on 9/20/2010 (TF). (Entered: 09/08/2010)

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323 Redacted DECLARATION of Kari Erickson Levine filed by Defendant United Air Lines Inc re 322 Redacted MOTION for Summary Judgment, deft's 316 SEALED MOTION for Summary Judgment, deft's 317 SEALED DECLARATION (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S)(Levine, Kari) Modified on 9/20/2010 (TF). (Entered: 09/08/2010)
324 MINUTE ENTRY for proceedings held before Judge Thomas S. ZillyDep Clerk: Gail Glass; Pla Counsel: Evangelina Hernandez; Def Counsel: Kari Levine and John Murray; CR: NONE; Telephone Conference held on 9/10/2010.MINUTE ENTRY for proceedings held before Judge Thomas S. Zilly - Dep. Clerk: Gail Glass; Plaintiffs Counsel: Evangelina Hernandez; Defendants Counsel: Kari Levine and John Murray. Counsel for the plaintiff moves for relief from the current September 13, 2010 deadline for filing a response to defendant's motion for summary judgment, docket no. 316 . The Court hears argument from the parties. The Court GRANTS the motion for relief from the deadline, and RE-NOTES the defendant's motion, docket no. 316 , for consideration on September 24, 2010. Plaintiff's response shall be filed no later than September 17, 2010. Defendant's reply shall be filed by the noting date. The Clerk is directed to re-note defendant's motion. (GG) Modified on 9/20/2010 (TF). (Entered: 09/13/2010)
325 MINUTE ORDER by Judge Thomas S. Zilly, United States District Judge; The parties have moved for a continuation of the trial date and related pretrial deadlines, pursuant to Local Rule CR 7(i). The Court GRANTS the agreed motion; Motions in Limine due by 11/30/2010, Pretrial Order due by 12/14/2010, Pretrial Conference set for 12/17/2010 at 02:00 PM before Judge Thomas S. Zilly. Voir dire/jury instructions/trial briefs due by 1/5/2011, Trial length: 2 weeks, Jury Trial is set for 1/10/2011 before Judge Thomas S. Zilly. (TF) (Entered: 09/13/2010)
326 RESPONSE, by Defendant United Air Lines Inc, (Levine, Kari) (Entered: 09/13/2010)
327 Joint Stipulated MOTION To Extend the Time the Parties Have to Opposition Defendant's Moition for Summary Jdgment and to File the Reply by Plaintiff Equal Employment Opportunity Commission. Noting Date 10/8/2010, (Hernandez, Evangelina) (Entered: 09/17/2010)
328 REPLY, filed by Plaintiff Equal Employment Opportunity Commission, TO RESPONSE to (Kucuk, Molly) (Entered: 09/17/2010)
329 MINUTE ORDER Granting 327 Stipulated Motion by Judge Thomas S. Zilly, United States District Judge; Deft's 316 SEALED MOTION for

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Summary Judgment/Adjudication is RENOTED for 10/8/2010, Pltf's response to deft's motion shall be filed by 9/24/10. (TF) (Entered: 09/21/2010)
330 RESPONSE, by Plaintiff Equal Employment Opportunity Commission, to 322 Redacted MOTION for Summary Judgment, 316SEALED MOTION to Motion For Summary Judgment/Adjudication; re 249 Order on Motion for Protective Order, Util - Set/Reset Motion Noting Date ; SEALED MOTION to Motion For Summary Judgment/Adjudication; re 249 Order on Motion for Protective Order, Util - Set/Reset Motion Noting Date ;. Oral Argument Requested. (Attachments: # 1 Plaintiff EEOC's Response to Defendant's Statemente of Facts, # 2 Supplement Plaintiff EEOC's Supplemental Facts, # 3 Declaration of Evangelinal Hernandez, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Exhibit 8, # 12 Exhibit 9, # 13 Exhibit 10, # 14 Exhibit 11, # 15 Exhibit 12, # 16 Exhibit 13, # 17 Exhibit 14, # 18 Exhibit 15, # 19 Exhibit 17, # 20 Exhibit 18, # 21 Exhibit 19, # 22 Exhibit 20, # 23 Exhibit 21, # 24 Exhibit 22, # 25 Exhibit 23, # 26 Exhibit 24, # 27 Exhibit 25, # 28 Exhibit 26, # 29 Exhibit 27, # 30 Exhibit 28, # 31 Exhibit 29, # 32 Exhibit 30, # 33 Exhibit 31, # 34 Exhibit 32, # 35 Exhibit 33, # 36 Exhibit 34, # 37 Exhibit 35, # 38 Exhibit 36, # 39 Exhibit 27)(Hernandez, Evangelina) (Entered: 09/24/2010)
331 ERRATA re 330 Response to Motion Exhibit 26 by Plaintiff Equal Employment Opportunity Commission. (Kucuk, Molly) (Entered: 09/27/2010)
332 REPLY, filed by Defendant United Air Lines Inc, TO RESPONSE to 316 SEALED MOTION to Motion For Summary Judgment/Adjudication; re 249 Order on Motion for Protective Order, Util - Set/Reset Motion Noting Date ; SEALED MOTION to Motion For Summary Judgment/Adjudication; re 249 Order on Motion for Protective Order, Util - Set/Reset Motion Noting Date ; (Levine, Kari) (Entered: 10/08/2010)
333 OBJECTIONS re 332 Reply to Response to Motion, 330 Response to Motion,,,,, Defendant's Objections to EEOC's Evidence Offered In Opposition to Defendant's Motion for Summary Judgment by Defendant United Air Lines Inc. (Levine, Kari) (Entered: 10/08/2010)
334 DECLARATION of Kari Erickson Levine in Support of Defendant's Reply to EEOC's Opposition to Defendant's Motion for Summary Judgment filed by Defendant United Air Lines Inc re 316 SEALED MOTION to Motion For Summary Judgment/Adjudication; re 249 Order on Motion for Protective Order, Util - Set/Reset Motion Noting Date ; SEALED MOTION to Motion For Summary Judgment/Adjudication;

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re 249 Order on Motion for Protective Order, Util - Set/Reset Motion Noting Date ; (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Levine, Kari) (Entered: 10/08/2010)
335 DECLARATION of Richard A. Delaney in Support of Defendant's Reply to EEOC's Opposition to Defendant's Motion for Summary Judgment filed by Defendant United Air Lines Inc re 316 SEALED MOTION to Motion For Summary Judgment/Adjudication; re 249 Order on Motion for Protective Order, Util - Set/Reset Motion Noting Date ; SEALED MOTION to Motion For Summary Judgment/Adjudication; re 249 Order on Motion for Protective Order, Util - Set/Reset Motion Noting Date ; (Levine, Kari) (Entered: 10/08/2010)
336 MINUTE ORDER striking trial date and all remaining pretrial deadlines; RE-NOTING 316 SEALED MOTION For Summary Judgment/Adjudication; re 249 Order on Motion for Protective Order and 318 MOTION for Partial Summary Judgment (Conditions Precedent and To Strike Affirmative Defenses 1, 2, 5, 6, and 10 for 12/17/2010; any document perfecting settlement due 12/17/10 by Judge Thomas S. Zilly. (RS) (Entered: 11/19/2010)
337 NOTICE of Settlement CONSENT DECREE by Plaintiff Equal Employment Opportunity Commission (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Cheung, Raymond) (Entered: 12/17/2010)
338 CONSENT DECREE, by Judge Thomas S. Zilly. (CL) (Entered: 12/17/2010)
339 MINUTE ORDER by Thomas S. Zilly, United States District Judge. Having reviewed and approved the Consent Decree submitted by the parties, the Court hereby STRIKES as moot the pending cross-motions for summary judgment, docket nos. 316 and 318 , and DIRECTS the Clerk to CLOSE this case. (CL) (Entered: 12/17/2010)