IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

JUDGE AMY ST.

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

MAGISTRATE JUDGE KEYS

Plaintiff,

UNITED PARCEL SERVICE, INC., Defendant.

COMPLAINT

SEP 0 5 OOZ

JURY TRIAL DEMAND

NATURE OF THE ACTION This is an action tinder Title I of the Americans with Disabilities Act of 1990 correct unlawful employment practices of United Parcel Service, Inc. ("Defendant" or "UPS") on the basis of disability and to provide appropriate relief to Chuck Thomas ("Thomas"). Defendant failed to reasonably accommodate Thomas when his development of Type 2 Diabetes rendered him unable to drive trucks requiring a Commercial Drivers License by not reassigning him to a position that did not require such a license.
JURISDICTION AND VENUE 1. Jtwisdiction ofthis Court is invoked pursuant to 28 U.S.C. §§451, 1331, 1337, I343, and 1345. Tiffs action is authorized and instituted pursuant to Section 107(a) of the ADA, 42 U.S.C. § 12117 (a), which incorporates by reference Section 706(0(1) and (3) of Title VII of the Civil Rights Act of 1964, ("Title VII"), 42 U.S.C. § 2000e-5(f)(1) arid (3), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981A.

2 2. The employment practices hereafter alleged to be unlawful were and are now being committed within the jurisdiction of the Northern District of Illinois.
PARTIES 3. Plaintiff 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. § I2117(a), which incorporates by reference Section 706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3). 4. At all relevant times, UPS has continuously been and is now a corporation doing business in the Northern District of IIlinois, and has continuously had and does now have at least fifteen (15) employees. 5. At all relevant times, UPS has continuously been and is now an employer engaged in an industry affecting commerce within the meaning of Section 101(5) of the ADA, 42 U.S.C. § 121I 1(5), 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, UPS has been a covered entity under Section 101(2) of the ADA, 42 U.S.C. §12111(2). 7. At all relevant times, Thomas was a qualified individual with a disability within the meaning of Section 101 (8) of the ADA, 42 U.S.C. § 12111(8).
STATEMENT OF CLAIMS More than thirty (30) days prior to the institution of this lawsuit, Thomas filed a

3 Charge with the Commission alleging a violation of Title I of the ADA by UAPllSc.onditions precedent to the institution of this lawsuit have been fulfilled.
9. Since at least August 1998, LIPS has engaged in and is continuing to engage in unlawful employment practices at its facilities in and around Chicago, Illinois, in violation of Title I of the ADA, 42 U.S.C. §12112(a), (b)(4), and (b)(5)(A).These practices include, but are not limited to:
(a) failing to reasonably accommodate Thomas by reassigrfing him to a position that did
not require a Commercial Drivers License;
(b) failing to engage in an interactive process with Thomas to determine if an
accommodation was available; and
(c) failing to make an individualized assessment of Thomas’ medical condition in
determining whether Thomas was disabIed under the meaning of the ADA. 10. The effect of the practices complained of above has been to deprive Thomas of equal employment opportunities and otherwise adversely affect his status as an employee because of his status as a disabled person in violation of Title I of the ADA, 42 U.S.C. §12112. 11. The untawftal employment practices complained of above in Paragraphs 9 and 10 above were and are intentional. t2. The unlawful employment practices complained of above in Paragraphs 9 and 10 were and are done with malice and/or reckless indifference to the federaIly protected rights of Thomas.
PRAYER FOR RELIEF WHEREFORE, the Commission respectfully prays that this Comrt:

4 A. Grant a permanent injunction enj oining UPS, 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; B. Order UPS to institute and carry out policies, practices, and programs which eradicate the effects of its past and present unlawful employment practices; C. Order UPS to make whole Thomas by providing appropriate back pay with prejudgment interest, in amounts to be proved at trial, and other affm-native relief necessary to eradicate tlae effects of its unlawful employment practices, including rightful-place reinstatement of Thomas; D. Order Defendant to make whole Thomas by providing compensation for nonpectmiary losses, including emotional pain, suffering, loss of enjoyment of life and humiliation; E. Order Defendant to pay Thomas punitive damages for its malicious and/or reckless conduct, in an amount to be determined at trial; F. Order Defendant and its successors to reasonably accommodate disabled employees by reassignment when necessary; G. Grant such further relief as the Court deems necessary and proper; and H. Grant the Commission its costs in this action.

JURY TIIL~L DEMAND The Commission requests a jury trial on all issues of fact raised by its Compiaint.
Respectfully submitted, NICHOLAS M. 1NZEO Acting Deputy General Counsel GWENDOLYN YOUNG REAMS Assistant General Counsel EQUAL EMPLOYMENT OPPORTUNITY
Ethan M. M. Cohen Trial Attorney
Ethan M. M. Cohen A.R.D.C. No. 6206781 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 500 West Madison Street, Suite 2800 Chicago, Illinois 60661 (3 I2) 353-7568

Civit Cover Sheet

h. www.iLnd.us¢ourts.gov/PUBLIC/Forms/auto_js44.c

JUDGE AMY ST. EVE.
Civil Cover Sheet MAGISTRATE JUDGE KEYS
This automated JS-44 conforms generally to the manual JS-44 approved by the Judicial Conference of the Uaited States in September 1974. The data is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. The information contained herein neither replaces nor supplements the filing and service of pleadings or other papers as required by law. This form is authorized for use ~ i~ the Northera District of Illinois.

Plaintiff(s): United States Equal Employment Opportunity Commission

Defendant(s):United Parcel Service

County of Residence:

County of Residertce:

Plaintiffs Atty: Ethan Cohen EEOC 500 W. Madison, Suite 2800
~ (312) 353-7568

Defendant’s Arty:
02C 6305

SEP 0 5

II. Basis of Jurisdiction: 1. U.S. Gov’t Plaintiff

III. Citizenship of Principal Parties (Diversity Cases Only)
P 1 ainti ff: - N/A Defendant :- N/A

IV. Origin-

1. Original Proceeding

V. Nature of Suit:

442 Employment

VI.Cause of Action:

28 U.S.C. Sections 451, 1331, 1337, 1343 and 1345. Failure to

accommodate in violation of the Americans with Disabilities Act.

VII. Requested in Complaint

Class Action: No

Dollar Demand:

Jury Demand: Yes

VIII. This case IS NOT a refiling of a previously dismissed case.

Date:

If any of this information is incorrect, please go back to the Civil Cover Sheet [~put form using the 23ack button in your browser and change

it. Once correct, print this form, sign and date it and submit it with your new c{vi] action. Note: You may need to adjust the font

size in your browser display to make the form print properly.

Revised: 06128100

" (ITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS
In the Matter of Equal Employment Opportunity Comrnission ("EEOC") v. United Parcel Service

MAG!STRATE 3 JDGE KE, S

~PE~CES ~ ~BY F~ED BY THE ~ERSIG~D AS ATTO~Y(S~ F~

Plaintiff, EEOC

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MI~IVI]gER OF TRIAL BAIt.? TRIAL ATTORNEY?

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YES

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T~LZ.~ON~W~ (312) 886-9124 mgh~rIFICATION NLrMBBR (SEE ITEM4 ON ~w~sr}A.R.D.C. No. 06210804

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SIGNATUI~

NAME
Y~’~ Ethan M. M. Cohen

EEOC s~E~oo~ 500 W. Madison, Suite 280...0.. crrwsrA~zn, Chicago, IL 60661 TELEPIIONE NUMBER (312) 353-7568

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STREET ADDI~ESS .......
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~no~ ~ (SEE ITE~ ~ O~ ~) A.R.D.C. No. 06206781

D~IGNAT~ AS ~L CO~SEL?

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DESIGNATED AS LOCAL CO~7

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 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

UNITED PARCEL SERVICE, INC.,

)

)

Defendant.

)

)

)

Case No. 02 C 6305 Judge St. Eve
DOClliliD
SEP 03 2003

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SETTLEMENT AGREEMENT

The United States Equal Employment Opportunity Commission ("EEOC") and United

Parcel Service, Inc. (which, together with and on behalfof all its current affiliates, related

entities, parent corporations, subsidiaries, representatives, successors, assigns, employees, agents,

officers, directors, and attorneys, shall hereinafter all be collectively referred to as "UPS") hereby

agree as follows:

Statement of Facts

I. Chuck Thomas ('Thomas") was employed by UPS as a feeder driver;

2. Since at least August 1998 Thomas has been insulin dependent diabetic and,

pursuant to Department of Transportation regulations, no longer qualified to perform his feeder

driver position;

3. Accommodating Thomas would have imposed an undue hardship on UPS and,

thus, there was no work available for Thomas at UPS;

4. UPS terminated Thomas' employment on July 18, 2003 because it could not

accommodate Thomas and there was no work available for him;

5. On October 19,1999, Thomas filed EEOC Charge No. 210A00227, which alleged

disability discrimination in violation of the Americans with Disabilities Act, 42 U.S.Co §12101 et

~ ("ADA");

6. On September 5, 2002 the EEOC filed EEOC v. UPS, Case Number 02 C 6305,

on behalf of Thomas in the United States District Court for the Northern District of Illinois

("lawsuit'');

7. UPS has denied any liability to Thomas or the EEOC and EEOC has denied the

validity of UPS's defenses to the lawsuit; and

8. EEOC, UPS and Thomas have engaged in comprehensive settlement negotiations,

and as a result of having engaged in these negotiations, the parties have agreed that this action

should be finally resolved by entry ofthis Settlement Agreement (hereafter "Settlement"). This

Settlement fully and finally resolves any and all issues and claims arising out of the Complaint

filed by the EEOC in this action.

Agreements of the Parties

9.

Non-admission

Nothing contained in this Settlement shall be construed as an admission with respect to

any of the claims or defenses of the suit.

10. Monetary Relief for Charging Party

UPS will pay Thomas the total sum ofone hundred forty-nine thousand nine hundred

ninety-nine dollars ($149,999.00), in the following manner: (i) UPS will issue one check

payable to Thomas in the gross amount of seventy-four thousand nine hundred ninety-nine

dollars and fifty cents ($74,999.50), minus all applicable federal, state and local withholdings for

which UPS employees are typically liable; and (ii) UPS will issue a second check payable to

2

Thomas in the amount of seventy-four thousand nine hundred ninety-nine dollars and fifty cents ($74,999.50). The EEOC agrees that this latter amount covers non-wage compensation. UPS wiII issue to Thomas a Fonn W-2 for the gross amount of seventy-four thousand nine hundred ninety-nine dollars and fifty cents ($74,999.50) and a Fonn 1099 for the gross amount of seventy-four thousand nine hundred ninety-nine dollars and fifty cents ($74,999.50). The total settlement includes all attorneys fees and costs incurred and EEOC waives any claim for attorneys fees. These checks shall be made available to Thomas at the offices of UPS's counsel, John Klages within 15 days of receipt by Mr. Klages of a signed original of both this Settlement and the Release Agreement attached as Exhibit A. UPS may obtain written continnation of receipt of the checks from Thomas.
11. Dismissal of Lawsuit EEOC agrees that the lawsuit it filed on behalfof Thomas will be dismissed with prejudice and without costs or attorneys' fees to either party. The parties agree that signed copies of the Stipulation to Voluntary Dismissal by Plaintiff attached as Exhibit B, the proposed dismissal Order (Exhibit C) and this Settlement shall all be filed at one time with the Court. 12. UnemploYment Benefits UPS agrees that it will not contest any application by Thomas for unemployment benefits from the State of Illinois. 13. Reference UPS agrees to have the reference letter attached as Exhibit D signed by a Human Resources Manager from its Metro Chicago District and to provide the letter to Thomas. 14. Governing Law To the extent that state laws are applicable in construing and enforcing this Settlement
3

Agreement, it shall be construed and enforced pursuant to the laws of the State of Illinois as to substance and procedure, including all questions of conflicts of laws.
15. Countemarts This Settlement Agreement may be signed in single or separate counterparts, each of which shall constitute an original.
4

For the EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
1801 L Street, N.W. Washington, D.C. 20507
James Lee Deputy General Counsel
Gwendolyn Young Reams Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
500 We~~s~t~~~S~jtreet

For United Parcel Service:

John Quar s & Brady LLC 500 W. Madison, #3700 Chicago, IL 60661
1J!~~~

Martha I. C. Escandon
District Human Resourses Manager
UPS
1400 S. Jefferson St.
]~AA

Bill Stovall, Esq.

~

"--

UPS

55 Glenlake Parkway, N.E.

Atlanta, GA 30328

DATE: --"f~.L--",~~7.L.A.=-O=3__

Ethan M. M. Cohen Trial Attorney
DATE: <t/2.( /63 I

5

· EXHIBIT A

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

UNITED PARCEL SERVICE, INC.,

)

)

Defendant.

)

)

)

Case No. 02 C 6305 Judge St. Eve

RELEASE AGREEMENT

I, Chuck Thomas, for and in consideration of the gross sum of one hundred forty-nine

thousand nine hundred ninety-nine dollars ($149,999.00), payable to me pursuant to the terms of

the Settlement Agreement between United Parcel Service ("UPS") and the United States Equal

Employment Opportunity Commission ("EEOC'') in the above captioned case, on behalf of

myself, my heirs, assigns, executors, and agents, do hereby forever release, waive, remise, acquit,

and discharge UPS, and all past and present shareholders, officers, agents, employees, and

representatives of UPS, as well as all successors and assignees of UPS, from any and all claims

and causes of action of any kind which I now have or ever have had under Title I of the

Americans with Disabilities Act, 42 U.S.C. § 12101 et. seq., including all claims which were or

which could have been asserted in EEOC v. United Parcel Service, 02 C 6305 (N.D. Ill.), and

any and all claims for retaliation, termination and denial of accommodation based on any event

prior to and including the date of this release. I understand that the total settlement amount

includes all attorneys fees and costs I may have incurred.

Page I of 2

iC44

I further state that I have read and understand the Settlement Agreement between the EEOC and UPS and agree that the facts recited therein are true and accurate.
I further represent and agree that I have carefully read and fully understand all the provisions of this Release and am voluntarily and knowingly entering into the same.

Date

Chuck Thomas

Page 2 of 2

EXHIBITB

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

UNITED PARCEL SERVICE, INC.,

)

)

Defendant.

)

)

)

Case No. 02 C 6305 Judge St. Eve

STIPULATION AND VOLUNTARY DISMISSAL BY PLAINTIFF Pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, the parties hereby stipulate to the entry ofthe attached "Order of Dismissal" granting Plaintiff Equal Employment Opportunity Commission a voluntary dismissal of its Complaint with prejUdice and without the assessment of costs or attorneys' fees against either party.

Dated:
Dated: ~'Zt- 03

6 ' f ~ (0/'-. ..
~Ethan M. M. Cohen Equal Employment Opportunity Commission 500 West Madison Street, Suite 2800 Chicago, Illinois 60661 (3 2) 353-7568
Klages Q les & Brady LLC 500 W. Madison Street, Suite 3700 Chicago, IL 60661 (312) 715-5000

EXHIBITC

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

UNITED PARCEL SERVICE, INC.,

)

)

Defendant.

)

)

)

Case No. 02 C 6305 Judge St. Eve

ORDER OF DISMISSAL

In accordance with the Settlement Agreement attached hereto and incorporated herein by

reference, it is hereby ordered that this cause and the same is hereby dismissed with prejudice

and without the assessment of costs or attorneys' fees against any party. All further dates are

stricken.

Date:,_ _ _ _ _ _ __

ENTER:

Honorable Amy J. St. Eve

, •

EXHIBITD

,
United Parcel Service 1400 South Jefferson Street, Chicago, IL 60607
(800) 742-5877
August 1, 2003
To Whom It May Concern:
Chuck R. Thomas was employed by United Parcel Service, Inc_ from February 1, 1982 to July 18, 2003, Mr_ Thomas performed his duties in a satisfactory manner for UPS and his employment ended on July 18, 2003 due to a lack ofavailable work for him, At the time of his termination, Mr, Thomas held the position offeeder driver (Tractor-trailer unit), Ifnecessary. the date ofMr, Thomas' employment may be verified by calling United Parcel Service's Reference Service at (770) 419 - 4184_
Sincerely,
1/IPt~ /i~
Martha I. C. Escand6n District Human Resources Manager Metro Chicago District

WortdW," OlymPio P........

36 USC 380

 
 CM/ECF LIVE, Ver 3.0 - U.S. District Court, Northern Illinois - Docket... https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?272141011647888-L_35...
KEYS, TERMED
United States District Court Northern District of Illinois - CM/ECF LIVE, Ver 3.0 (Chicago)
CIVIL DOCKET FOR CASE #: 1:02-cv-06305

EEOC v. UPS Inc Assigned to: Hon. Amy J. St. Eve Demand: $0 Cause: 28:451 Employment Discrimination Plaintiff Equal Employment Opportunity Commission
V. Defendant

Date Filed: 09/05/2002 Date Terminated: 07/22/2003 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by John C. Hendrickson United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 353-8551 Fax: (312) 353-8555 Email: john.hendrickson@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ethan M.M. Cohen United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 353-7568 Email: ethan.cohen@eeoc.gov ATTORNEY TO BE NOTICED
Gregory M. Gochanour United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 886-9124 Email: gregory.gochanour@eeoc.gov ATTORNEY TO BE NOTICED

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United Parcel Service, Inc.

Date Filed 09/05/2002
09/23/2002
10/03/2002 10/30/2002 11/01/2002 11/06/2002
01/21/2003 01/21/2003 01/21/2003 01/28/2003
03/28/2003 04/02/2003

#

Docket Text

1 COMPLAINT; jury demand - Civil cover sheet - Appearance(s) of John C. Hendrickson, Gregory M. Gochanour, Ethan M.M. Cohen as attorney(s) for plaintiff (No summons(es) issued.) (Documents: 1-1 through 1-3) (hp) (Entered: 09/05/2002)
2 MINUTE ORDER of 9/23/02 by Hon. Amy J. St. Eve: Initial status hearing set before Judge Amy St. Eve in Courtroom 1241 for 11/6/02 at 9:00 a.m. The parties are directed to file an initial status report as provided by this order no later than 10/30/02. (See reverse of minute order) Mailed notice (vmj) Modified on 09/24/2002 (Entered: 09/24/2002)
3 WAIVER of service of summons as to defendant sent on 9/5/02 (jmp) (Entered: 10/08/2002)
4 INITIAL status report. (vmj) (Entered: 10/31/2002)
5 ANSWER and affirmative defenses by defendant UPS Inc to complaint [1-1] (vmj) (Entered: 11/04/2002)
6 MINUTE ORDER of 11/6/02 by Hon. Amy J. St. Eve: Status hearing held and continued to 2/6/03 at 9:00 a.m. Rule 26(a)(1) disclosures due by 11/20/02. Written fact discovery to be completed by 1/22/03. All fact discovery to close 4/7/03. Mailed notice (vmj) (Entered: 11/07/2002)
7 AGREED MOTION by defendant UPS Inc for leave to subpoena medical records and depose Healthcare Providers (Attachment). (vmj) Modified on 01/29/2003 (Entered: 01/29/2003)
8 AGREED MOTION by defendant UPS Inc to extend written discovery . (vmj) (Entered: 01/29/2003)
9 NOTICE of agreed motion by defendant UPS Inc regarding motion to extend written discovery [8-1], motion for leave to subpoena medical records [7-1], motion depose Healthcare Providers [7-2]. (vmj) (Entered: 01/29/2003)
10 MINUTE ORDER of 1/28/03 by Hon. Amy J. St. Eve: Status hearing reset from 2/6/03 at 9:00 a.m. to 4/7/03 at 9:00 a.m. Agreed motion for leave to subpoena medical records [7-1] and depose Healthcare Providers [7-2] is granted. Agreed motion to extend written discovery is granted [8-1]. Discovery extended until 2/22/03, for the limited purpose of moving to compel if necessary. Dispositive motions to be filed by 5/19/03, and should be noticed. Mailed notice (vmj) (Entered: 01/29/2003)
12 AGREED MOTION by defendant to extend fact discovery deadline ; Notice. (vmj) (Entered: 04/03/2003)
11 EXPEDITED REFERRAL ORDER: Case referred to Hon. Arlander Keys for Settlement Conference Mailed notice. (tmh) (Entered: 04/02/2003)

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04/02/2003 04/08/2003
05/15/2003 05/23/2003
06/19/2003 07/18/2003
07/22/2003 08/28/2003 08/28/2003 09/02/2003

13 MINUTE ORDER of 4/2/03 by Hon. Amy J. St. Eve: Status hearing reset from 4/7/03 at 9:00 a.m. to 5/15/03 at 9:00 a.m. Defendant's agreed motion to extend fact discovery deadline is granted in part [12-1]. Fact discovery is extended to 6/9/03. This case is referred to Magistrate Judge Keys to conduct a settlement conference. Mailed notice (vmj) (Entered: 04/03/2003)
14 MINUTE ORDER of 4/8/03 by Hon. Arlander Keys: Settlement conference set for 10:00 a.m. on 6/6/03. All parties are to be represented at the settlement confeence by an individual (other than their attorneys) with full authority to settle. The parties are to exchange (but not file) written settlement offers, copies of which are to be submitted to the court by 6/2/03. Mailed notice (vmj) (Entered: 04/09/2003)
SCHEDULE set on 5/15/03 by Hon. Amy J. St. Eve : Status hearing held and continued to 9:00 6/19/03 . Discovery ordered closed on 6/27/03 . Mailed notice (tmh) (Entered: 05/15/2003)
15 MINUTE ORDER of 5/23/03 by Hon. Arlander Keys: Settlement conference set for 6/6/03 at 10:00 a.m. is reset to 7/18/03 at 10:00 a.m. per the plaintiff's request. All parties are to be represented at the settlement conference by an individual (other than their attorneys) with full authority to settle. The parties are to exchange (but not file) written settlement offers, copies of which are to be submitted to the court by 7/14/03. Mailed notice (vmj) (Entered: 05/27/2003)
16 MINUTE ORDER of 6/19/03 by Hon. Amy J. St. Eve: Status hearing held and continued to 7/22/03 at 9:00 a.m. Fact discovery closes 7/31/03. Expert disclosures and reports due 8/29/03. Expert discovery to close 9/30/03. Dispositive motions to be filed by or on 10/10/03 and should be noticed. Mailed notice (vmj) (Entered: 06/20/2003)
17 MINUTE ORDER of 7/18/03 by Hon. Arlander Keys : Settlement conference held. The case settled, the terms of which were stated on the record. The parties, will need additional time to prepare the settlement documents and they will present said documents to the district judge at the next status call. All matters relating to the referral of this action having been resolved, the case is returned to the assigned judge. Terminating the case referral to Hon. Arlander Keys. Mailed notice (jmp) (Entered: 07/21/2003)
18 MINUTE ORDER of 7/22/03 by Hon. Amy J. St. Eve : Status hearing held. Parties have reached a settlement. This case is dismissed with prejudice with leave to reinstate by or on 8/21/03. Any pending dates are stricken. Any pending motions are denied as moot. terminating case Mailed notice (rmm) (Entered: 07/23/2003)
19 AGREED MOTION for entry of settlement agreement ; Settlement Agreement (Attachments); Notice. (vmj) (Entered: 09/03/2003)
20 STIPULATION and voluntary dismissal by plaintiff. (vmj) (Entered: 09/03/2003)
21 MINUTE ORDER of 9/2/03 by Hon. Amy J. St. Eve: Agreed motion for entry of settlement agreement is granted [19-1]. Plaintiff's stipulation and voluntary dismissal is granted. Case is dismissed with prejudice and without the assessment of costs or attorneys' fees against either party. Mailed notice (vmj) (Entered:

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03/25/2004

09/03/2003)
22 TRANSCRIPT of proceedings for the following date(s): 7/18/03 Before Honorable Arlander Keys. (vmj) (Entered: 03/26/2004)

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