IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

T-MOBILE USA, INC., f/k/a VOICESTREAM )

WIRELESS CORP.

)

)

Defendant.

)

04-2072-KHV
Civil Action No. JURY TRIAL DEMANDED

COMPLAINT 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 1991 to correct unlawful employment practices on the basis of disability and to provide appropriate relief to Jose Lopez, a job applicant who was adversely affected by such practices. The Commission alleges that T-Mobile USA, Inc., f/k/a VoiceStream Wireless Corp., failed to reasonably accommodate Jose Lopez in its job application procedures and failed to hire him because of his disability, blindness, which substantially limits his ability to see. JURISDICTION AND VENUE 1. The 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 Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964 (“Title VII”), 42

U.S.C. § 2000e-5(f)(1) and (3), and pursuant to Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.
2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the District of Kansas.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (“the 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 Section 107(a) of the ADA, 42 U.S.C. § 12117(a), which incorporates by reference Section 706 (f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5 (f)(1). 4. At all relevant times, Defendant T-Mobile USA, Inc., f/k/a VoiceStream Wireless Corp., has continuously been a Delaware Corporation doing business in the State of Kansas and has continuously had at least fifteen (15) employees. 5. At all relevant times, T-Mobile USA, Inc., f/k/a VoiceStream Wireless Corp., has continuously been an employer 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. § 12111(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, T-Mobile USA, Inc., f/k/a VoiceStream Wireless Corp., has been a covered entity under Section 101(2) of the ADA, 42 U.S.C. § 12111(2).
STATEMENT OF CLAIMS 7. More than thirty days prior to the institution of this lawsuit, Jose Lopez filed a charge with the Commission alleging violations of Title I of the ADA by T-Mobile USA, Inc.,
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f/k/a VoiceStream Wireless Corp. All conditions precedent to the institution of this lawsuit have been fulfilled.
8. In or around February 2002, T-Mobile USA, Inc., f/k/a VoiceStream Wireless Corp., engaged in the following unlawful employment practices from its Lenexa, Kansas facility in violation of Section 102(a) and (b) of Title I of the ADA, 42 U.S.C. § 12112(a) and (b):
(a) T-Mobile USA, Inc., f/k/a VoiceStream Wireless Corp., refused to reasonably accommodate Jose Lopez in its job application process because of his disability, blindness, which substantially limits his ability to see;
(b) T-Mobile USA, Inc., f/k/a VoiceStream Wireless Corp., refused to hire Jose Lopez because of his disability.
9. The effect of these actions by T-Mobile USA, Inc., f/k/a VoiceStream Wireless Corp., has been to deprive Jose Lopez of equal employment opportunities and otherwise adversely affect his status as a job applicant because of his disability.
10. The unlawful employment practices engaged in by T-Mobile USA, Inc., f/k/a VoiceStream Wireless Corp., were intentional.
11. The unlawful employment practices engaged in by T-Mobile USA, Inc., f/k/a VoiceStream Wireless Corp., were done with malice or with reckless indifference to the federally protected rights of Jose Lopez.
WHEREFORE, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining T-Mobile USA, Inc., f/k/a VoiceStream Wireless Corp.,, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in any employment practice which discriminates on the basis of disability;
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B. Order T-Mobile USA, Inc., f/k/a VoiceStream Wireless Corp., to institute and carry out policies, practices, and programs that provide equal employment opportunities for qualified individuals with disabilities, and that eradicate the effects of its past and present unlawful employment practices;
C. Order T-Mobile USA, Inc., f/k/a VoiceStream Wireless Corp., to make Jose Lopez whole, by providing appropriate backpay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to the rightful-place hiring of Jose Lopez;
D. Order T-Mobile USA, Inc., f/k/a VoiceStream Wireless Corp., to make Jose Lopez whole by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraphs 8 and 9 above, including job search expenses, in amounts to be determined at trial;
E. Order T-Mobile USA, Inc., f/k/a VoiceStream Wireless Corp., to make Jose Lopez whole by providing compensation for past and future nonpecuniary losses resulting from the unlawful employment practices described in paragraphs 8 and 9 above, including emotional pain, suffering, inconvenience, loss of enjoyment of life, and humiliation, in amounts to be determined at trial;
F. Order T-Mobile USA, Inc., f/k/a VoiceStream Wireless Corp., to pay Jose Lopez punitive damages for its malicious and reckless conduct, in amounts to be determined at trial;
G. Grant such further relief as the Court deems necessary and proper in the public interest;
H. Award the Commission its costs incurred in this action.
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JURY TRIAL DEMAND

The Commission requests a jury trial on all questions of fact raised by this complaint.

DESIGNATION OF PLACE OF TRIAL

The Commission designates Kansas City, Kansas as the place where this case should be

tried.

Respectfully submitted,

ERIC S. DREIBAND General Counsel

JAMES L. LEE Deputy General Counsel

GWENDOLYN YOUNG REAMS Associate General Counsel

/s/ Robert G. Johnson ROBERT G. JOHNSON Regional Attorney

/s/ Donna L. Harper DONNA L. HARPER Supervisory Trial Attorney U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION St. Louis District Office 1222 Spruce St., Room 8.100 St. Louis, MO 63103 (314) 539-7914 FAX: (314) 539-7895 e-mail: bob.johnson@eeoc.gov
donna.harper@eeoc.gov

/s/ Andrea G. Baran

ANDREA G. BARAN

MO #46520

Senior Trial Attorney

U.S. EQUAL EMPLOYMENT

OPPORTUNITY COMMISSION

5

Kansas City Area Office 400 State Avenue, Suite 905 Kansas City, KS 66101 (913) 551-5848 FAX: (913) 551-6957 e-mail: andrea.baran@eeoc.gov
6

 
 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

T-MOBILE USA, INC., f/k/a VOICESTREAM )

WIRELESS CORP.

)

)

Defendant.

)

Case No. 04-2072-KHV-DJW

CONSENT DECREE

Plaintiff Equal Employment Opportunity Commission has instituted this action alleging

that Defendant T-Mobile USA, Inc. failed to hire Jose Lopez, because of his disability, blindness,

in violation of Title I of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq.

For purposes of settlement and compromise only, the parties have advised the Court that they

wish to resolve the instant controversy without the expense, delay and burden of further

litigation;

THEREFORE, it is the finding of this Court, made on the pleadings and on the record as

a whole and upon agreement of the parties, that: (i) this Court has jurisdiction over the parties to

and the subject matter of this action, (ii) the requirements of the ADA will be carried out by the

implementation of this Decree, (iii) this Decree is intended to and does resolve all matters in

controversy in this lawsuit among the parties, and (iv) the terms of this Decree constitute a fair

and equitable settlement of all issues in this lawsuit.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED as follows:

I. NON-DISCRIMINATION 1. In all matters arising from or relating to employment, T-Mobile USA and its
officers, agents, employees, successors, and assigns, and all of those in active concert or participation with them, or any of them, shall not engage in any employment practice which unlawfully discriminates against an employee or applicant under the Americans with Disabilities Act. Prohibited discrimination includes, but is not limited to:
a. refusing to hire or rehire a qualified individual with a disability because of his/her disability; b. refusing to provide a reasonable accommodation to a qualified individual with a disability; c. discharging a qualified individual with a disability because of his/her disability; d. maintaining any practice or policy that violates the ADA by depriving or tending to deprive any individual of employment opportunities because of such individual's disability; e. discriminating against persons on the basis of their disabilities in the terms and conditions of their employment; and, f. making disability related pre-employment inquiries. II. NON-RETALIATION 2. T-Mobile USA, its officers, agents, employees, successors, assigns, and all those in active concert or participation with them, or any of them, shall not engage in reprisal or retaliation of any kind against any person because such person:
2

a. opposed any practice made unlawful under the ADA; b. filed a charge of discrimination or other complaint with the Commission or a state agency or testified or participated in any manner in any investigation, proceeding, or hearing under the ADA; c. requested and/or received relief in accordance with this Consent Decree; d. participated in any manner in this action or in the investigation giving rise to this action; or e. asserted any rights under this Consent Decree. III. RELIEF FOR CHARGING PARTY 3. Within fifteen (15) days after this Decree is approved by the Court or upon receipt of a full release of claims executed by Jose Lopez, whichever is later, T-Mobile USA will forward to Jose Lopez, a check made payable to him in the gross amount of Forty Thousand Dollars ($40,000). Such amount will be reported on IRS Form 1099 and T-Mobile USA also will forward to Rik N. Siro, Esq. a check for $250 to review and advise Mr. Lopez on T-Mobile USA's release of claims. IV. INJUNCTIVE RELIEF 4. Within one hundred thirty-five (135) days after this Decree is approved by the Court, T-Mobile USA will implement a comprehensive policy and procedures for providing reasonable accommodation to job applicants and employees with disabilities. Such procedures shall include, but not be limited to, the assignment to a senior human resources official the responsibility to be the Company's "Leave/ADA Coordinator," the establishment of mechanisms to allow managers to seek assistance from the Leave/ADA Coordinator when responding to requests and I or known needs for reasonable accommodation raised through the hotlink
3

established below, a process for the review of denials of known requests for reasonable accommodation, and the inclusion of managers' compliance with T-Mobile USA's EEO policies (including reasonable accommodation) in all management performance evaluations.
5. Within two hundred (200) days after this Decree is approved by the Court, TMobile USA will institute a nationwide ADA training program for all management employees. The training program will cover all aspects of the ADA, including but not limited to the nondiscrimination in hiring and job application procedures, reasonable accommodation and resources for determining accommodations, procedures for providing reasonable accommodation to individuals with disabilities, medical examinations and inquiries, protection from retaliation, background and reference checks, and confidentiality provisions of the ADA. All managers shall be required to complete this training. Customer Care manager training will be completed within the 200-day time frame. All other managers will be trained no later than one year from the date of this Decree. Thereafter, all newly hired managers shall be required to complete this training within four (4) months of their hire date. T-Mobile USA will require managers to repeat this training at reasonable intervals.
6. Within ninety (90) days after this Decree is approved by the Court, T-Mobile USA will establish a hotlink directed to the Leave/ADA Coordinator, accessible by an e-mail address and via T-Mobile's Internet website, through which applicants and employees may contact the Leave/ADA Coordinator to report denials of accommodation, make requests for accommodation or report discrimination on the basis of a disability. T-Mobile USA will publicize the Hotlink email address and website by:
a. printing the information on all job applications;
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b. posting the information at every location in its facilities where applications are accepted and where employee bulletins are posted. 7. Within one year after this Decree has been approved by the Court, T~Mobile USA will create a COS (information systems) taskforce which shall also include the Leave/ADA Coordinator to evaluate developments in screen reader software, including but not limited to map access, and adaptability to applications utilized by Customer Care Representatives as well as to develop a protocol for prompt and efficient evaluation of available technology to accommodate disabled applicants or employees. If it is determined that technology can be used to accommodate a disability, then the Leave/ADA Coordinator will coordinate communication to managers and all persons involved in accepting applications for employment and interviewing applicants about these programs so that they will be prepared for applicants who may use these programs. V. POSTING AND NOTICES 8. T~Mobile USA will post and cause to remain posted the posters required to be displayed in the workplace by Commission Regulations, 29 C.F.R. § 1601.30. 9. T-Mobile USA will post and cause to remain posted copies of the notice attached as Exhibit A in locations publicly visible to all call center employees during the term of this Decree. 10. T-Mobile USA will post a copy of the notice attached as Exhibit A in the "Jobs" area of the T-Mobile.com website during its term of this decree. VI. REPORTING 11. T-Mobile USA's Leave/ADA Coordinator and Employment Counsel will direct, monitor and maintain responsibility for implementation of this Decree.
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12. Within thirty (30) days after this Decree is approved by the Court, T-Mobile USA will forward to the Commission's Regional Attorney in its St. Louis District Office a copy of the check forwarded to Jose Lopez as described in paragraph 3 above.
13. No later than 180 days after this Decree is approved by the Court, T-Mobile USA will forward to the Commissioner's Regional Attorney in its St. Louis District office a letter attesting toT-Mobile's compliance with paragraphs 4, 6, 9 and 10 signed by or on behalf of its Leave/ADA Coordinator.
14. No later than one year after this Decree is approved by the Court, T-Mobile USA will forward to the Commission's Regional Attorney in its St. Louis District Office a letter signed by or on behalf of the Leave/ADA Coordinator providing attesting toT-Mobile USA's compliance with the provisions of this Decree, specifically including paragraphs 5 and 7. VI. TERM AND EFFECT OF DECREE
15. By entering into this Decree the parties do not intend to resolve any charges of discrimination currently pending before the Commission other than the charge that created the procedural foundation for the complaint in this case.
16. This Decree will be binding upon the parties hereto, their successors and assigns. 17. This Decree will be for a period of one (1) year. During the Decree's term the Court will retain jurisdiction of this cause for purposes of compliance. At the end of the Decree's term the Court will dissolve the Consent Decree and will dismiss this lawsuit with prejudice without further motion by any party. 18. Each party will bear its own costs.
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BY CONSENT:
FOR PLAINTIFF:
ERIC S. DREIBAND General Counsel
JAMESL.LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
ROBERT G. JOHNSON Regional Attorney
DONNA L. HARPER Supervisory Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

FORD~
Name David A. Miller Thle Senior Vice President & General Counsel (T-Mobile Official)
Kimberly F. Seten KS #19394 CONSTANGY, BROOKS & SMITH, LLC 2600 Grand Boulevard, Ste. 300 Kansas City, MO 64108 tel.: 816-472-6400 fax: 816-472-6401 e-mail: kperkins@constangy.com kseten@constangy .com
ATTORNEYS FOR DEFENDANT

Senior Trial Attorneys EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Kansas City Area Office 400 State Ave., Ste. 905 Kansas City, KS 66101 (913) 551-5848 (phone) (913) 551-6957 (fax) andrea.baran@eeoc.gov (e-mail) anne.gusewelle@eeoc.gov (e-mail)
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SO ORDERED:
July 7, 2005 Date

s/ Kathryn H. Vratil UNITED STATES DISTRICT JUDGE

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EXHIBIT A
NOTICE TO EMPLOYEES AND JOB APPLICANTS
(on company letterhead}
Federal law prohibits discrimination against any employee because of race, national origin, color, religion, sex, disability or age (forty and over) with respect to hiring, promotion, firing, compensation, or other terms, conditions or privileges of employment. Federal law also prohibits retaliation against persons who complain of or oppose practices they believe are discriminatory on the basis of race, national origin, color, religion, sex, disability or age (forty and over), and it prohibits retaliation against persons who file charges with the EEOC, or who participate in or cooperate with an EEOC investigation.
T-Mobile USA supports and will comply with such federal law in all respects and will not take any action against employees because they have exercised their rights under the law. Specifically, T-Mobile USA will not tolerate discrimination in employment, nor will it tolerate retaliation against any employee for exercising rights under law.
Employees or job applicants should feel free to report instances of discriminatory treatment to their supervisor, a manager, or T-Mobile USA's employee hotlink at any time. T-Mobile USA has established policies and procedures to promptly investigate any such reports and to protect the person making the reports from retaliation, including retaliation by the person allegedly guilty of the discrimination.

 
 District of Kansas - Docket Report

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U.S. District Court District of Kansas (Kansas City) CIVIL DOCKET FOR CASE #: 2:04-cv-02072-KHV-DJW

CLOSED

Equal Employment Opportunity Commission v. T-Mobile USA Inc Assigned to: District Judge Kathryn H. Vratil Referred to: Magistrate Judge David J. Waxse Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 02/24/2004 Date Terminated: 07/07/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Andrea G. Baran U. S. Equal Empoyment Opportunity Commission - KCK 400 State Ave Kansas City, KS 66101 913-551-5848 Fax: 913-551-6957 Email: andrea.baran@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Anne E. Gusewelle U. S. Equal Empoyment Opportunity Commission - KCK 400 State Ave Kansas City, KS 66101 913-551-6641 Fax: 913-551-6957 Email: anne.gusewelle@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Donna L. Harper Equal Employment Opportunity Commission- St Louis Robert A. Young Federal Bldg. 1222 Spruce - Room 8.100 St. Louis, MO 63103 314-539-7914 Fax: 314-539-7895 Email: donna.harper@eeoc.gov LEAD ATTORNEY

Robert G Johnson Equal Employment Opportunity Commission- St Louis

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V.
Defendant
T-Mobile USA Inc formerly known as Voicestream Wireless Corporation

Robert A. Young Federal Bldg. 1222 Spruce - Room 8.100 St. Louis, MO 63103 314-539-7910 Fax: 314-539-7895 Email: robert.johnson@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Kathy Perkins Constangy, Brooks & Smith, LLC - KC 2600 Grand Boulevard, Suite 300 Kansas City, MO 64108-4600 816-472-6400 Fax: 816-472-6401 Email: kperkins@constangy.com ATTORNEY TO BE NOTICED
Kimberly F. Seten Constangy, Brooks & Smith, LLC - KC 2600 Grand Boulevard, Suite 300 Kansas City, MO 64108-4600 816-472-6400 Fax: 816-472-6401 Email: kseten@constangy.com ATTORNEY TO BE NOTICED

Date Filed 02/24/2004 03/24/2004
05/03/2004 06/03/2004

#

Docket Text

1 COMPLAINT (No summons issued) with trial location of Kansas City, filed by Equal Employment Opportunity Commission.(mm) (Entered: 02/24/2004)
2 WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. T-Mobile USA Inc waiver sent on 3/4/2004, answer due 5/3/2004. (Baran, Andrea) (Entered: 03/24/2004)
3 ANSWER to Complaint by T-Mobile USA Inc.(Perkins, Kathy) (Entered: 05/03/2004)
4 ORDER SETTING SCHEDULING CONFERENCE: Telephone Scheduling Conference set for 7/27/2004 at 11:00 AM before Magistrate Judge David J. Waxse. Report of Parties Planning Meeting deadline 7/20/2004. Signed by Magistrate Judge David J. Waxse on 6/3/04. (Attachments: # 1) (ll) (Entered: 06/03/2004)

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07/27/2004 07/27/2004 07/27/2004 08/05/2004
08/20/2004 08/25/2004 09/30/2004 10/05/2004 10/06/2004
12/01/2004 12/08/2004 12/14/2004

5 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission Initial Disclosures. (Baran, Andrea) (Entered: 07/27/2004)
6 CERTIFICATE OF SERVICE by T-Mobile USA Inc (Initial Disclosures) (Perkins, Kathy) (Entered: 07/27/2004)
Minute Entry for proceedings held before Magistrate Judge David J. Waxse : Scheduling Conference held on 7/27/2004. Scheduling Order to follow. (This is a TEXT ENTRY ONLY for statistical purposes. There is no.pdf document associated with this entry.) (jm) (Entered: 07/29/2004)
7 SCHEDULING ORDER from Scheduling Conference held before Judge David J. Waxse on 7/27/2004. Discovery deadline 12/1/2004. Dispositive motion deadline set for 1/28/2005. Confidential settlement reports due 9/9/2004. Mediation deadline 10/25/2004. Proposed Pretrial Order due by 1/3/2005. Final Pretrial Conference set for 1/10/2005 at 10:00 AM before Magistrate Judge David J. Waxse. Jury Trial set for 6/21/2005 at 09:30 AM before District Judge Kathryn H. Vratil. (SEE SCHEDULING ORDER FOR FURTHER DEADLINES.) Signed by Magistrate Judge David J. Waxse on 8/5/2004.(jm) (Entered: 08/05/2004)
8 NOTICE of Hearing: (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) Status Conference set for 5/23/2005 at 01:30 PM before District Judge Kathryn H. Vratil. (ls) (Entered: 08/20/2004)
9 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission for First Interrogatories, First Request for Production of Documents, and First Request for Entry Upon Land. (Baran, Andrea) (Entered: 08/25/2004)
10 Joint MOTION for Protective Order by Defendant T-Mobile USA Inc (Attachments: # 1 Proposed Order)(Seten, Kimberly) (Entered: 09/30/2004)
11 JOINT PROTECTIVE ORDER granting 10 parties' Joint Motion for Protective Order. Signed by Magistrate Judge David J. Waxse on 10/5/2004.(jm) Text modified on 10/7/2004 (ck). (Entered: 10/05/2004)
12 Minute Entry for proceedings held before Magistrate Judge David J. Waxse : A telehpone Status Conference was held on 10/6/2004. The parties orally move for a bifurcation of discovery for the purpose of trying to resolve the case by determining whether the defendant can accommodate the plaintiff's request to do the job in question. The parties will submit a proposed revised scheduling order with specific dates. The parties were advised that Judge Vratil would have to approve changing the schedule and that they would be advised of the court's ruling following receipt of the proposed revised schedule. (jm) (Modified on 10/12/2004 to remove text. (mg)) (Entered: 10/06/2004)
13 CERTIFICATE OF SERVICE by T-Mobile USA Inc re Discovery Answers and Responses. (Seten, Kimberly) (Entered: 12/01/2004)
14 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission Second Request for Rule 34 Entry Upon Land. (Baran, Andrea) (Entered: 12/08/2004)
15 Joint MOTION to Amend Scheduling Order by Plaintiff Equal Employment Opportunity Commission (Baran, Andrea) (Entered: 12/14/2004)

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01/06/2005 01/07/2005
01/07/2005 01/10/2005 01/10/2005
01/10/2005 06/29/2005 07/07/2005

DOCKET ANNOTATION: Final Pretrial Conference date should be 1/10/05 at 10:00 a.m. per 7 Scheduling Order. (mm) (Entered: 01/06/2005)
16 ORDER SETTING STATUS CONFERENCE: 01/10/2005 Final Pretrial Conference set for 10:00 a.m. on 01/10/2005 is hereby converted to a telephone status conference to discuss the parties' Joint Motion to Amend Scheduling Order (doc. 15). The Magistrate Judge will initiate this telephone conference and there will be no further notice of the call. Signed by Magistrate Judge David J. Waxse on 01/07/2005. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (mat) (Entered: 01/07/2005)
17 SECOND JOINT MOTION to Amend Scheduling Order by Defendant T-Mobile USA Inc(Seten, Kimberly) Modified on 1/10/2005 (ck ). (Entered: 01/07/2005)
18 ORDER finding as moot 15 Motion to Amend Scheduling Order given the superseding Motion to Amend Scheduling Order filed by the parties on January 7, 2005. Signed by Magistrate Judge David J. Waxse on 01/10/2005. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (mat) (Entered: 01/10/2005)
19 AMENDED SCHEDULING ORDER granting 17 parties's second Joint Motion to Modify Scheduling Order. Discovery regarding other factual issues deadline 7/29/2005. Dispositive motion deadline set for 9/15/2005. First Mediation deadline 3/4/2005. Second Mediation deadline 3/18/2005. Proposed Pretrial Order due by 8/31/2005. Jury Trial set for 2/7/2006 at 09:30 AM before District Judge Kathryn H. Vratil. Final Pretrial Conference set for 9/7/2005 at 10:00 AM before Magistrate Judge David J. Waxse. Status Conference set for 1/10/2006 at 09:30 AM before Magistrate Judge David J. Waxse. (SEE ORDER FOR FURTHER DEADLINES.) Signed by Magistrate Judge David J. Waxse on 1/10/2005.(jm) (Entered: 01/10/2005)
Minute Entry for proceedings held before Magistrate Judge David J. Waxse : A telephone Scheduling Conference was held on 1/10/2005. Amended Scheduling Order on file. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(jm) (Entered: 01/10/2005)
20 ENTRY OF APPEARANCE by Anne E. Gusewelle on behalf of Equal Employment Opportunity Commission (Gusewelle, Anne) (Entered: 06/29/2005)
21 CONSENT DECREE. See Order for details. Signed by Judge Kathryn H. Vratil on 07/07/2005. (ls) (Entered: 07/07/2005)

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