UNITED STATES DISTRICT EASTERN DISTRICT OF WISCONSIN

¯ EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff,
GANNETT COMPANY, INC., d/b/a GREEN BAY PRESS-GAZETTE,
Defendant.

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Civil Actibn: : ....

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) COMPLAINT

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)

(Jury Trial Demand)

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)

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 Janet T. Gilliland, who was adversely affected by such practices. As alleged with greater particularity in Paragraph 11 below, the Equal Employment Opportunity Commission alleges that the defendant -- Gannett Company, Inc., d/b/a the Green Bay Press-Gazette -- violated the Americans with Disabilities Act of 1990 ("ADA") by refusing to reasonably accommodate Janet T. Gilliland, after learning on or about October 28, 1996, that she has mental disabilities that required a short leave of absence, and then by terminating her employment on or about November 1, 1996, on the basis of those disabilities.
JURISDICTION AND 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 ADA, 42 U.S.C. §12117(a), which incorporates by reference Sections 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) 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 and are now being committed within the jurisdiction of the United States District Court for the Eastern District of Wisconsin.

PARTIES

3. The plaintiff, the Equal Employment Opportunity Commission (the "EEOC"), 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 Sections 706(I)(1) and (3) of

Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3). 4. At all relevant times, the defendant, Gannett Company, Inc., d/b/a Green Bay Press-

Gazette (hereinafter "Gannett"), has continuously been a Delaware corporation doing business in the

State of Wisconsin and the City of Green Bay, and has continuously had at least 15 employees. On information and belief, the Green Bay Press-Gazette is a wholly-owned subsidiary of Gannett.

5. At all relevant times, Gannett 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).

8. At all relevant times, Gannett has been a covered entity under Section 101(2) of the

ADA, 42 U.S.C. § 12111(2).

STATEMENT OF CLAIMS

9. More than 30 days prior to the institution of this lawsuit, Janet T. Gilliland

("Gilliland") filed a charge with the EEOC alleging violations of Title I of the ADA by Gannett. All

conditions precedent to the institution of this lawsuit have been fulfilled. 2

10. Gilliland is a qualified individual with a disability within the meaning of Sections 3(2) and 101(8) of the ADA, 42 U.S.C. §§ 12102(2) and 12111(8).
11. Since at least on or about October 28, 1996, Gannett has engaged in unlawful employment practices at its Green Bay, Wisconsin, facility in violation of Section 102(b) and (d) of the ADA, 42 U.S.C. § 12112(b) and (d), as follows:
(a) On or about October 28, 1996, Gannett violated the ADA after learning that Gilliland has mental disabilities, by failing to make any attempt to accommodate those disabilities, including a failure to conduct an adequate individualized assessment of her ability to perform the essential functions of her position with or without reasonable accommodation, a failure to engage in the interactive process required by the ADA to determine whether any such accommodation is required, and a failure to provide her with a reasonable period of leave from her position and/or other reasonable accommodations.
(b) On or about November 1, 1996, Gannett also violated the ADA when it terminated Gilliland’s employment because of her mental disabilities.
12. The effect of the practices complained of in Paragraph 11 above has been to deprive Gilliland of equal employment opportunities because of her disabilities.
13. The unlawful employment practices complained of in Paragraph 11 above were and are intentional.
14. The unlawful employment practices complained of in Paragraph 11 above were and are done with malice or with reckless indifference to Gilliland’s federally-protected rights.
PRAYER FOR RELIEF Wherefore, the EEOC respectfully requests that this Court: A. Grant a permanent injunction enjoining Gannett and its officers, successors, and
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assigns, and all persons in active concert or participation with them, from: 1. Failing and refusing to employ individuals such as Gilliland in positions
which do not reasonably require those individuals to be free of mental disabilities; 2. Failing and refusing to make reasonable accommodations by, among other
things, failing to perform individualized assessments of the qualifications and abilities of employees and applicants for employment who have disabilities, and/or to engage in the interactive process required by the ADA to determine whether any such accommodation is required. B. Order Gannett 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 Gannett to make Gilliland 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) reinstatement of Gilliland. D. Order Gannett to make Gilliland whole by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in Paragraph 11 above, including (but not limited to) job search expenses and medical expenses. E. Order Gannett to make Gilliland whole by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in Paragraph 11 above, including emotional pain, suffering, inconvenience, loss of enjoyment of life, and humiliation. F. Order Gannett to pay Gilliland punitive damages for its malicious and reckless conduct, as described in Paragraph 11 above, in amounts to be determined at trial.
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G. interest.

Grant such further relief as the Court deems necessary and proper in the public

H. Award the EEOC its costs of this action.

JURY TRIAL DEMAND

The EEOC requests a jury trial on all questions of fact raised by its complaint.
C. Gregory Stewart General Counsel
Gwendolyn Young Reams Deputy General Counsel

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
1801 "L" Street, N.W. Washington, D.C. 20507

Jean Kamp Acting Regional Attorney

Dated: February ~J’~, 2000

Dated: February 2Z., 2000

Dennis R. McBride Senior Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Milwaukee District Office 310 West Wisconsin Avenue - Suite 800 Milwaukee, WI 53203-2292 (414) 297-4188

 
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United States District Court Eastern District of Wisconsin (Milwaukee) CIVIL DOCKET FOR CASE #: 2:00-cv-00283-TJC

CLOSED

EEOC v. Gannett Satellite In, et al Assigned to: Senior Judge Thomas J Curran Demand: $0 Case in other court: 02-1684
USCA EEOC 03/19/02, :02- -01684 Cause: 42:2000 American Disabilities Act

Date Filed: 02/23/2000 Date Terminated: 12/07/2001 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Dennis R McBride United States Equal Employment Opportunity Commission Milwaukee District Office 310 W Wisconsin Ave - Ste 800 Milwaukee, WI 53203-2292 414-297-4188 Fax: 414-297-3146 Email: dennis.mcbride@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Rosemary J Fox United States Equal Employment Opportunity Commission Milwaukee District Office 310 W Wisconsin Ave - Ste 800 Milwaukee, WI 53203-2292 414-297-4131 Fax: 414-297-3146 Email: rosemary.fox@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant
Gannett Company Inc TERMINATED: 07/23/2001 doing business as Green Bay Press-Gazette

represented by Mark A Johnson Krukowski & Costello SC 7111 W Edgerton Ave PO Box 28999 Milwaukee, WI 53220 414-423-1330 Fax: 414-423-1694

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Defendant
Gannett Satellite Information Network doing business as Green Bay Press-Gazette

Email: maj@kclegal.com TERMINATED: 07/23/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Timothy G Costello Krukowski & Costello SC 7111 W Edgerton Ave PO Box 28999 Milwaukee, WI 53220 414-423-1330 Fax: 414-423-1694 Email: tgc@kclegal.com TERMINATED: 07/23/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Mark A Johnson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia A Lauten The Schroeder Group SC Attorneys at Law 20800 Swenson Dr - Ste 475 Waukesha, WI 53186-2075 414-774-2920 Fax: 414-774-2923 Email: lauten@hyneslawfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Timothy G Costello (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 02/23/2000 03/21/2000 03/21/2000

#

Docket Text

1 COMPLAINT (Summons(es) issued); jury demand Consent Forms Distributed for Magistrate Judge Patricia J. Gorence (eeb, )
2 ATTORNEY APPEARANCE for defendant Gannett Company Inc by Timothy G Costello, Mark A Johnson (tlf, )
3 CERTIFICATE OF INTEREST by defendant Gannett Company Inc (tlf, )

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03/21/2000 03/21/2000 04/24/2000 04/24/2000 04/24/2000 05/15/2000 05/26/2000 07/26/2000
08/04/2000 08/04/2000 08/08/2000 10/12/2000
10/13/2000 02/28/2001 02/28/2001 02/28/2001
02/28/2001 03/02/2001

4 REFUSAL to Consent to Proceed before Magistrate Judge by defendant Gannett Company Inc (tlf, )
5 CERTIFICATE OF SERVICE by defendant Gannett Company Inc (tlf, )
6 NOTICE OF MOTION and MOTION by defendant Gannett Company Inc to dismiss (tlf, ) (Entered: 04/25/2000)
7 BRIEF by defendant Gannett Company Inc in support of motion to dismiss [6-1] (tlf, ) (Entered: 04/25/2000)
8 CERTIFICATE OF SERVICE by defendant Gannett Company Inc (tlf, ) (Entered: 04/25/2000)
9 BRIEF by plaintiff EEOC in opposition to motion to dismiss [6-1] (tlf, ) (Entered: 05/16/2000)
10 REPLY BRIEF by defendant Gannett Company Inc in support of motion to dismiss [6-1] (tlf, ) (Entered: 05/30/2000)
11 DECISION AND ORDER: by Senior Judge Thomas J. Curran denying motion to dismiss [6-1]; ordering defendant to file an answer to the complaint within 10 days of the date of this order (cc: all counsel) (tlf, ) (Entered: 07/27/2000)
12 ANSWER by defendant Gannett Company Inc to [1-1]; jury demand (tlf, ) (Entered: 08/07/2000)
13 CERTIFICATE OF SERVICE by defendant Gannett Company Inc (tlf, ) (Entered: 08/07/2000)
14 NOTICE of hearing by the Court ; telephone scheduling conference set for 9:00 10/12/00 (cc: all counsel) (tlf, ) (Entered: 08/09/2000)
15 HEARING MINUTES: by Senior Judge Thomas J. Curran ; amended pleadings ddl set for 12/1/00 ; discovery ddl set for 4/1/01 ; motion filing ddl set for 6/15/01 ; settlement report due 4/10/01; plaintiff to disclose experts by 3/1/01, defendant by 4/15/01; expert discovery ddl 5/15/01; pretrial conference set for 8:45 10/25/01 ; jury trial set for 9:30 11/26/01 (6/28/02, 3/11/02) est 4 days; status hearing held 10/12/00 (tlf, ) (Entered: 10/13/2000)
16 ORDER by Senior Judge Thomas J. Curran SEE 10/12/00 Hearing Minutes (cc: all counsel) (tlf, )
17 NOTICE OF MOTION AND MOTION by plaintiff EEOC for protective order (eeb, ) (Entered: 03/01/2001)
18 BRIEF by plaintiff EEOC in support of motion for protective order [17-1] (eeb, ) (Entered: 03/01/2001)
19 CERTIFICATION of compliance with Fed. R. Civ.P. 26(c) and AFFIDAVIT of Dennis R. McBride in support of plaintiffs motion for protective order filed by plaintiff (eeb, ) Modified on 03/01/2001 (Entered: 03/01/2001)
20 CERTIFICATE OF SERVICE by plaintiff EEOC (eeb, ) (Entered: 03/01/2001)
21 ORDER by Senior Judge Thomas J. Curran setting hearing on motion for protective order [17-1] at 11:00 a.m. on 3/9/01. FURTHER ORDERED that the

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03/06/2001 03/06/2001 03/06/2001 03/06/2001 03/06/2001 03/08/2001 03/09/2001
03/09/2001
04/18/2001
04/20/2001 05/30/2001 06/04/2001 06/15/2001 06/15/2001

defendant shall serve and file a response in chambers on or before 5:00 p.m. on 3/6/01. (cc: all counsel) (eeb, )
22 NOTICE OF MOTION AND MOTION by defendant Gannett Company Inc for order directing Rule 35(a) mental examination of Janet Gilliland (eeb, ) (Entered: 03/07/2001)
23 BRIEF by defendant Gannett Company Inc in support of motion for order [22-1] and in opposition to plaintiffs motion for protective order. (eeb, ) (Entered: 03/07/2001)
23 BRIEF by defendant Gannett Company Inc in opposition to motion for protective order [17-1] (eeb, ) (Entered: 03/07/2001)
24 AFFIDAVIT of Mark A. Johnson in support of motion for Rule 35(a) examination of Janet Gilliland and in opposition to plaintiffs motion for protective order w/attached exhibits (eeb, ) (Entered: 03/07/2001)
25 CERTIFICATE OF SERVICE by defendant Gannett Company Inc (eeb, ) (Entered: 03/07/2001)
26 REPLY BRIEF by plaintiff EEOC in support of motion for protective order [17-1] (tlf, ) (Entered: 03/12/2001)
27 HEARING MINUTES: by Senior Judge Thomas J. Curran that the court denies motion of plaintiff to prohibit examination of Ms. Dillon by Dr. Spiro; examine is restricted to 4 hours. Court grants motion to compel. Court orders that disclosure of Dr. Spiro's report be made to both parties. Plaintiffs ask that order be stayed for at least a week. Court will stay both exam and publishing of order until Wednesday at 5:00 p.m., March 14, 2001. Court Reporter: John S. (eeb, ) (Entered: 03/13/2001)
28 ORDER by Senior Judge Thomas J. Curran denying in part and granting in part motion for order [22-1] directing Rule 35(a) Mental Examination of Janet Gilliland, denying in part and granting in part motion for protective order [17-1] (cc: all counsel) (eeb, ) (Entered: 03/13/2001)
29 ORDER by Senior Judge Thomas J. Curran Case referred to Mag Judge Patricia J. Gorence for the purpose of conducting mediation before the deadline for the filing of dispositive motions on 6/15/01. (cc: all counsel) (eeb, ) (Entered: 04/19/2001)
30 ORDER by Mag Judge Patricia J. Gorence Mediation/Settlement Conference set for 10:00 a.m. on 5/30/01 (cc: all counsel) (cms, )
31 HEARING MINUTES: by Mag Judge Patricia J. Gorence Mediation/Settlement Conference held on 5/30/01 Court conducts a mediation. Parties are unable to reach a settlement at this time. (cms, ) (Entered: 05/31/2001)
32 LETTER from plaintiff EEOC in regards to the Mediation (cms, )
33 NOTICE OF MOTION AND MOTION by defendant Gannett Company Inc for summary judgment (eeb, )
34 BRIEF by defendant Gannett Company Inc in support of motion for summary judgment [33-1] (eeb, )

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06/15/2001 06/15/2001 06/15/2001 06/15/2001 06/15/2001 07/16/2001 07/16/2001 07/23/2001
07/23/2001
07/23/2001
07/23/2001 07/23/2001 08/03/2001 08/03/2001
08/03/2001 08/03/2001 09/17/2001
10/22/2001

35 PROPOSED Findings of Fact submitted by defendant Gannett Company Inc in support of its motion for summary judgment (eeb, )
36 AFFIDAVIT of Patricia A. Lauten (eeb, )
37 AFFIDAVIT of William T. Nusbaum (eeb, )
38 AFFIDAVIT of Mark A. Johnson w/attached exhibits (eeb, )
39 CERTIFICATE OF SERVICE by defendant Gannett Company Inc (eeb, )
40 MOTION by plaintiff EEOC for order for CONFIDENTIALLY of Summary Judgment Materials (eeb, ) (Entered: 07/17/2001)
41 CERTIFICATE OF SERVICE by plaintiff EEOC (eeb, ) (Entered: 07/17/2001)
42 STIPULATION and ORDER FOR AMENDMENT OF COMPLAINT AND ANSWER by Senior Judge Thomas J. Curran : substituting "Gannett Satellite Information Network, Inc." in place of "Gannett Company, Inc." , the Answer shall be amended to withdraw the defendants fifth affirmative (undue hardship) defense. terminating party Gannett Company Inc (cc: all counsel) (eeb, ) (Entered: 07/25/2001)
43 ORDER by Senior Judge Thomas J. Curran denying motion for order for CONFIDENTIALLY of Summary Judgment Materials [40-1]. The plaintiff has provided no legal basis for its request to seal the materials which relate to the claims the plaintiffs has put into issue. (cc: all counsel) (eeb, ) (Entered: 07/25/2001)
44 RESPONSE by plaintiff EEOC to defendants proposed findings of fact and plaintiffs statement of facts in opposition to defendants motion for summary judgment. (eeb, ) (Entered: 07/26/2001)
45 BRIEF by plaintiff EEOC in opposition to motion for summary judgment [33-1] (eeb, ) (Entered: 07/26/2001)
46 AFFIDAVIT of Dennis R. McBride in opposition to defendants motion for summary judgment w/attached exhibits. (eeb, ) (Entered: 07/26/2001)
47 REPLY BRIEF by defendant Gannett Satellite in support of motion for summary judgment [33-1] (eeb, ) (Entered: 08/06/2001)
48 REPLY by defendant Gannett Satellite to plaintiffs response to defendants proposed findings of fact and plaintiffs statement of facts in opposition to defendants motion for summary judgment. (eeb, ) (Entered: 08/06/2001)
49 SUPPLEMENTAL AFFIDAVIT of Mark A. Johnson (eeb, ) (Entered: 08/06/2001)
50 CERTIFICATE OF SERVICE by defendant Gannett Satellite (eeb, ) (Entered: 08/06/2001)
51 DECISION AND ORDER: by Senior Judge Thomas J. Curran denying deft's motion for summary judgment [33-1] (cc: all counsel) (kmm, ) (Entered: 09/18/2001)
52 PRETRIAL REPORT by plaintiff EEOC (eeb, ) (Entered: 10/23/2001)

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10/22/2001 10/22/2001 10/22/2001 10/22/2001 10/22/2001 11/08/2001 11/08/2001 11/08/2001 11/09/2001 11/09/2001 11/09/2001
11/09/2001 11/09/2001 11/09/2001 11/13/2001 11/14/2001 11/14/2001 11/14/2001
11/16/2001
11/16/2001

53 PRETRIAL REPORT by defendant Gannett Satellite (eeb, ) (Entered: 10/23/2001)
54 PROPOSED Jury Instructions submitted by defendant Gannett Satellite (eeb, ) (Entered: 10/23/2001)
55 PROPOSED Voir Dire Questions submitted by defendant Gannett Satellite (eeb, ) (Entered: 10/23/2001)
56 PROPOSED Verdict Form submitted by defendant Gannett Satellite (eeb, ) (Entered: 10/23/2001)
57 CERTIFICATE OF SERVICE by defendant Gannett Satellite (eeb, ) (Entered: 10/23/2001)
58 MOTIONS by defendant Gannett Satellite (Green Bay Press-Gazette) in limine (eeb, ) Modified on 11/08/2001
59 AFFIDAVIT of Mark A. Johnson in support of deft Gannett Satellite Information Network, Inc. (Green Bay Press-Gazette) (eeb, )
60 CERTIFICATE OF SERVICE by defendant Gannett Satellite (Green Bay Press-Gazette) (eeb, )
61 MOTION by plaintiff EEOC to exclude testimony of Herzl Spiro, M.D. (eeb, )
62 MOTIONS by plaintiff EEOC in limine (eeb, )
63 AFFIDAVIT of Dennis R. McBride in support of plaintiffs motions in limine and plaintiffs motion to exclude testimony of Herzl Spiro, M.D. w/attached exhibits (eeb, )
64 MOTION by plaintiff EEOC for leave to exceed page limit (eeb, )
65 AMENDED TRIAL EXHIBIT list by plaintiff EEOC (eeb, )
66 CERTIFICATE OF SERVICE by plaintiff EEOC (eeb, )
67 REVISED AMENDED TRIAL EXHIBIT list by plaintiff EEOC (eeb, )
68 AMENDED PRETRIAL REPORT by defendant Gannett Satellite (eeb, ) (Entered: 11/15/2001)
69 CERTIFICATE OF SERVICE by defendant Gannett Satellite (eeb, ) (Entered: 11/15/2001)
70 ORDER by Senior Judge Thomas J. Curran granting motion for leave to exceed page limit [64-1] IT IS FURTHER ORDERED that the parties shall serve and file responses to all motions in limine on or before 11/21/01. The defendant may file a brief of ten pages or less in response to the plaintiffs Motion to Exclude Testimony of Herzl Spiro, M.D. (cc: all counsel) (eeb, ) (Entered: 11/16/2001)
71 LETTER REQUEST by plaintiff EEOC requesting a clarification from the court concerning the procedure for the trial of this case, which is scheduled to begin on Monday, November 26, 2001. (eeb, ) (Entered: 11/19/2001)
72 ORIGINAL Document - plaintiffs counter designation to the deposition of Julia M. Wilke. (eeb, ) (Entered: 11/19/2001)

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11/19/2001 11/21/2001 11/21/2001 11/21/2001 11/21/2001 11/21/2001 11/21/2001 11/21/2001
11/21/2001 11/21/2001 11/23/2001
11/23/2001 11/23/2001 11/23/2001 11/23/2001 11/26/2001
11/26/2001 11/26/2001 11/29/2001 11/29/2001

73 SECOND AMENDMENT by defendant Gannett Satellite to its pretrial report (eeb, ) (Entered: 11/20/2001)
74 MOTION by plaintiff EEOC for leave to file motion in limine regarding police report w/attached motion in limine (eeb, )
75 AFFIDAVIT of Dennis R. McBride in support of plfts motion regarding motion in limine (eeb, )
76 AFFIDAVIT of Dennis R. McBride in support of plfts opposition to defts motions in limine (eeb, )
77 BRIEF by plaintiff EEOC in opposition to defts motions in limine [58-1] (eeb, )
78 MOTION by plaintiff EEOC for order regarding fact-finder on backpay issue (eeb, )
79 CERTIFICATE OF SERVICE by plaintiff EEOC (eeb, )
80 BRIEF by defendant Gannett Satellite in opposition to motion in limine [62-1], to motion to exclude testimony of Herzl Spiro, M.D. [61-1] (eeb, ) (Entered: 11/23/2001)
81 AFFIDAVIT of Patricia A. Lauten w/attached exhibits (eeb, ) (Entered: 11/23/2001)
82 CERTIFICATE OF SERVICE by defendant Gannett Satellite (eeb, ) (Entered: 11/23/2001)
83 ORIGINAL DEPOSITION of Steven Cywinski (w/attached exhibits) taken on the following date(s): 3/20/01 at 10:32 a.m. in Stevens Point, WI. This deposition will be used as noted in the pretrial report. ORIGINAL IN CHAMBERS (eeb, ) Modified on 11/23/2001
84 BRIEF by defendant Gannett Satellite in opposition to motion in limine [62-1] (eeb, )
85 BRIEF by defendant Gannett Satellite in opposition to motion for order regarding fact-finder on backpay issue [78-1] (eeb, )
86 AFFIDAVIT of Mark A. Johnson (eeb, )
87 CERTIFICATE OF SERVICE by defendant Gannett Satellite (eeb, )
90 HEARING MINUTES: by Senior Judge Thomas J. Curran jury trial started 11/26/01; 11/27/01; 11/28/01; 11/29/01 and adjourned on 11/30/01 , ; jury trial held 11/26/01 Court Reporter: John S. (eeb, ) (Entered: 12/04/2001)
96 STIPULATION by the parties regarding exhibits contained in certain documents filed in this case. (eeb, ) (Entered: 12/10/2001)
97 STIPULATION by the parties regarding amount of potential backpay claim (eeb, ) (Entered: 12/10/2001)
88 MEMORANDUM OF LAW filed by plaintiff EEOC regarding Episodic Conditions and Employers Knowledge of Disabilities. (eeb, )
89 PROPOSED Additional Jury Instructions submitted by plaintiff EEOC (eeb, )

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11/30/2001 12/04/2001 12/07/2001
12/07/2001 12/07/2001
12/11/2001 12/11/2001 12/31/2001 01/15/2002 01/22/2002
02/01/2002 02/04/2002 02/19/2002 02/19/2002 02/26/2002 02/26/2002

91 SPECIAL VERDICT (eeb, ) (Entered: 12/04/2001)
92 EXHIBITS received for plaintiff EEOC, defendant Gannett Satellite ; exhibit list filed (eeb, )
93 ORDER by Senior Judge Thomas J. Curran granting motion for order regarding fact-finder on backpay issue [78-1], granting motion for leave to file motion in limine regarding police report w/attached motion in limine [74-1], granting in part and denying in part motion in limine [62-1], denying motion to exclude testimony of Herzl Spiro, M.D. [61-1], granting in part and denying in part motion in limine [58-1] (cc: all counsel) (eeb, ) (Entered: 12/10/2001)
94 ORDER FOR JUDGMENT by Senior Judge Thomas J. Curran that the Clerk of Court shall enter a final judgment as a separate document. (cc: all counsel) (eeb, ) (Entered: 12/10/2001)
95 JUDGMENT: by Deputy Clerk that plaintiff Equal Employment Opportunity Commission take nothing and that this action brought against Gannett Satellite Information Network, Inc., d/b/a Green Bay Press-Gazette is dismissed upon its merits. dismissing case (cc: all counsel) (eeb, ) (Entered: 12/10/2001)
98 MOTION by plaintiff EEOC for new trial , and for summary judgment on failure-to-accommodate claim (eeb, )
99 BRIEF by plaintiff EEOC in support of motion for new trial [98-1], of motion for summary judgment on failure-to-accommodate claim [98-2] (eeb, )
100 BRIEF by defendant Gannett Satellite in opposition to motion for new trial [98-1], to motion for summary judgment on failure-to-accommodate claim [98-2] (tlf, ) (Entered: 01/02/2002)
101 REPLY BRIEF by plaintiff EEOC in support of motion for new trial [98-1], motion for summary judgment on failure-to-accommodate claim [98-2] (eeb, )
102 DECISION AND ORDER: by Senior Judge Thomas J. Curran denying motion for new trial [98-1], denying motion for summary judgment on failure-to-accommodate claim [98-2] (cc: all counsel) (eeb, ) (Entered: 01/23/2002)
103 AFFIDAVIT of Patricia A. Lauten w/attached exhibits. (eeb, ) (Entered: 02/04/2002)
BILL OF COSTS proposed by defendant Gannett Satellite Briefing letter mailed (eeb, )
104 OBJECTIONS by plaintiff EEOC to defendants Proposed Bill of Costs (eeb, )
105 AFFIDAVIT of Dennis R. McBride in support of plaintiffs objections to defendants bill of costs (eeb, )
106 RESPONSE by defendant Gannett Satellite to plaintiff's objections to defendant's bill of costs (eeb, ) (Entered: 02/27/2002)
107 SUPPLEMENTAL AFFIDAVIT of Patricia A. Lauten (eeb, ) (Entered: 02/27/2002)

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03/05/2002 03/06/2002 03/19/2002
03/20/2002 03/20/2002 03/20/2002 03/20/2002 03/20/2002 03/20/2002 03/21/2002
03/27/2002 03/28/2002
03/29/2002
07/11/2002
09/26/2002 10/04/2002 10/16/2002

108 REPLY by plaintiff EEOC to defendants response to plaintiffs objections to defendants bill of costs. (eeb, )
109 Notification of Exhibit Release sent to counsel of record for plaintiff and defendant (eeb, )
110 Appeal Notice to USCA by plaintiff EEOC from USDC Order [93-1], Order for Judgment [94-1], Judgment [95-1], and Order denying motion for new trial and amendment of judgment [102-1] (cc: all counsel) (tlf, ) (Entered: 03/20/2002)
SHORT RECORD Transmitted to USCA Re: Notice of Appeal [110-1] filed 3/19/22 (cc: all counsel) (tlf, )
111 TRANSCRIPT of Jury Trial held 11/26/01 at 9:30 a.m., Vol. 1 of 5, pages 1-239. (eeb, ) (Entered: 03/21/2002)
112 TRANSCRIPT of Jury Trial held 11/27/01, at 9:00 a.m., Vol. 2 of 5, pages 240-504. (eeb, ) (Entered: 03/21/2002)
113 TRANSCRIPT of Jury Trial held 11/28/01 at 9:00 a.m., Vol. 3 of 5, pages 505-771. (eeb, ) (Entered: 03/21/2002)
114 TRANSCRIPT of Jury Trial held 11/29/01 at 10:15 a.m., Vol. 4 of 5, pages 772-911. (eeb, ) (Entered: 03/21/2002)
115 TRANSCRIPT of Jury Trial Held 11/30/01 at l:30 p.m., Vol. 5 of 5, pages 912-992. (eeb, ) (Entered: 03/21/2002)
116 COSTS taxed for defendant Gannett Satellite by Chief Deputy Clerk in the amount of $ 11,412.83 against plaintiff EEOC (cc: all counsel) (eeb, ) (Entered: 03/22/2002)
Re: Notice of Appeal [110-1] filed 3/19/02 Appeal Number: 02-1684 received from USCA (tlf, )
117 Designation of Record on Appeal by defendant Gannett Satellite To include item numbers 16,53-54,56,58-59,68,73, 80-81,83-84,86,90-91,93,100, and 102 (tlf, ) (Entered: 03/29/2002)
118 Designation of Record on Appeal by plaintiff EEOC To include item numbers 98,99,101,46,63,75-76,53,65 and 67 (tlf, ) Modified on 04/08/2002 (Entered: 04/08/2002)
119 MANDATE/CERTIFIED COPY from the USCA USCA Number: 02-1684 dismissing the appeal [110-1] upon consideration of appellant's motion to dismiss; NO RECORD FILED (tlf, ) (Entered: 07/12/2002)
120 Notification of Exhibit Release sent to counsel of record for plaintiff & defendant (eeb, )
EXHIBITS for defendant Gannett Satellite destroyed. No response to notification received. (eeb, )
EXHIBITS for plaintiff EEOC destroyed. No response to notification received. (eeb, )

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US Court of Appeals for the Seventh Circuit Case Summary

Court of Appeals Docket #: 02-1684 Nsuit: 1442 Civil Rights Jobs-US Pla EEOC v. Gannett Satellite Appeal from: United States District Court

Filed: 3/22/02

Lower court information: District: 0757-2 : 00 C 283 Court Reporter: John Schindhelm, Court Reporter

5/23/02 5/24/02
5/30/02 6/6/02 6/6/02 6/7/02 6/10/02 7/1/02
7/8/02 7/9/02 7/9/02 7/16/02

Filed motion by counsel for Janet Gilliland to intervene as party appellant. [1511079-1] [02-1684] (amyd)
ORDER: Filed clerk's notice to Appellant EEOC, Appellee Gannett Satellite to file a response to MOTION FOR LEAVE TO INTERVENE AS PARTY APPELLANAT, filed by attorney for Janet Gilliland. [1491844-1] AJM [02-1684] Response due 6/7/02 for Gannett Satellite, for EEOC. (amyd)
ORDER: Pursuant to Circuit Rule 33, briefing in this appeal is SUSPENDING pending further court order. [1512686-1] SCO [02-1684] (amyd)
Disclosure Statement filed by Timothy Costello for Appellee Gannett Satellite. [02-1684] [1491844-1] (amyd)
Filed Appellee Gannett Satellite response to Janet Gilliland's motion for leave to intervene as party appellant. [1514973-1] [1514973-1] [02-1684] (amyd)
Filed Appellant EEOC response to motion for leave to intervene as party-appellant. [1515329-1] [1515329-1] [02-1684] (land)
ORDER issued DENYING motion to intervene. [1511079-1] AJM [02-1684] (hard)
ORDER: Pursuant to Circuit Rule 33, briefing will proceed as follows: [1514973-1] SCO [02-1684] Appellant's brief due 7/31/02 for EEOC . Appellee's brief due 8/30/02 for Gannett Satellite . Appellant's reply brief due 9/16/02 for EEOC . (hard)
Filed motion by Appellant EEOC to dismiss case pursuant to FRAP 42(b). [1525793-1] [02-1684] (julr)
ORDER: This cause is DISMISSED pursuant to Fed.R.App.P. 42(b). Mandate issued, no record to be returned. [02-1684] [0-0] (hard)
Filed Appellee Gannett Satellite response to Appellant EEOC motion for voluntary dismissal pursuant to FRAP 42(b). [1491844-1] [02-1684] (kell)
Filed mandate receipt. [02-1684] [1528411-1] (julr)

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