Case 4:05-cv-40272-PVG-DAS Document 1 Filed 08/26/2005 Page 1 of 7
ORIGINAL
UNITED STATES DISTRICT COURT FOR THE EASTEfu~ DISTRICT OF MICHIGAN
SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY)

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

NORTH OAKLAND MEDICAL CENTER)

)

Defendant.

)

----------------------)

JUDGE ; Gadola, Paul V. DECK ; 5. Division Civil Deck DATE ; 08/26/2005 @ 12:34:23 CASE KlJ!lBER : 4: 05CV40272
ClIP EEOC V. BORTH OAKLAHD 1lED1CAL CEHTER, 51, TAl!
COMPLAINT AND JURY TRIAL DEMAND
MAGiSTRATE JUDGE DONALD A. SCHEER

NATURE OF THE ACTION

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

thc Civil Rights Act of 1991 to corrcet unlawful employment practices on the basis ofdisability and

to make whole Barbara Poland ("Poland"). The Equal Employmcnt Opportunity Commission

("Commission") alleges that North Oakland Medical Center (North Oakland), Defendant, refused

to allow Poland to return to work following a medical leave of absence because of her disability.

JURISDICTION AND VENUE

I. Jurisdiction ofthis 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) ofthe Americans with

Disabilities Act of 1990 ("ADA"), 42 U.s.C. § l21l7(a), which incorporate by reference Sections

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 ofthe Civil Rights Act of 1991, as amended, 42 U.S.C.

§ 1981a.

2. The employment practices hercafier alleged to be unlawful were committed in the

Case 4:05-cv-40272-PVG-DAS Document 1 Filed 08/26/2005 Page 2 of 7
Eastern District ofMichigan. PARTIES
3. Plaintiff, Equal Employment Opportunity Commission (the "Commission"), is an agency of the United States of America charged with the administration, interpretation, and enforcement ofTitle I ofthe ADA and is expressly authorized to bring this action by Section 107(a) and Section 503(e) of the ADA, 42 U.S.C. § 12117(a) and § 12203(e), which incorporate by reference Sections 706(1)(1) and (3) ofTitIe VII, 42 U.S.C. § U.S.C. § 2000e-5(1)(I) and (3).
4. At all relevant times, the Defendant (the "Employer"), has been doing business in the State of Michigan, and has continuously had at least (15) employees.
5. At all relevant times the Defendant Employer has continuously been engaged in an industry affecting eommeree within the meaning of 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. § 2oo0e(g) and (h).
6. At all relevant times, the Defendant Employer has been a covered entity under Section 101(2) of tile ADA, 42 U.S.C. § 12111(2).
STATEMENT OF CLATWfS 7. More than thirty (30) days prior to the institution ofthis lawsuit, Poland filed a charge with the Commission alleging violations of Title I of the ADA by the Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled. 8. Beginning on oraboutJanuary 4,2004, the Defendant Employerengagcd in unlawful employment practices in violation of Section 102(a) of the ADA, 42 U.S.C. § 12112(a). These practices include Defendant's refusal to allow Poland to return to work following a mcdiealleave
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Case 4:05-cv-40272-PVG-DAS Document 1 Filed 08/26/2005 Page 3 of 7
of absence for medical treatment, imposing unnecessary restrictions on Poland, and tcrminating Poland's cmployment because ofher disability. Poland is a qualified individual who was and is able, with or without a reasonable accommodation, to perform the essential functions of her job.
9. The effect of the above-mcntioned, unlawful employment practices have been to deprive Poland of equal employmcnt opportunitics and otherwisc adversely affect her status as an employee because of her disability.
10. The above-mentioned, unlawful employment practices were intentional. II. The above-mentioned, unlawful employment practices caused Poland emotional pain, suffering, inconvenience, mental anguish, and loss of enjoyment of life. 12. The above-mentioned, unlawful cmployment practices were donc with malicc or with reckless indifference to the federally protected rights of Poland.
PAAYER FOR RELTEF WHEREFORE, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining the Defendant Employer, its officers, successors, assigns, and all persons in active concert or participation with it from cngaging in any unlawful employment practice which discriminates on the basis of disability; B. Order the Defendant Employer to institute and carry out policies, practices, and programs which providc cqual employment ?pportunities for individuals with disabilities, and which eradicate the effects ofits past and present unlawful employment practices; C. Order the Defendant Employer to make whole Poland by providing her with appropriate lost earnings and benefits, with prcjudgement interest, in amounts to be proven at trial, and other affirmative relief necessary to eradicate the effects of its unlawful
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Case 4:05-cv-40272-PVG-DAS Document 1 Filed 08/26/2005 Page 4 of 7
employment practices including, but not limited to, reinstating Poland to the position from which she was tenninated with pay and benefits equal to that whieh she would have attained had she not been tenninated; D. Order Defendant to provide mandatory training regarding the American with Disabilities Act and its prohibition against disability discrimination to all management and non-management employees; E. Order the Defendant to pay Poland compensatory damages; F. Order the Defendant to pay Poland punitive damages; G. Order the Defendant to pay Poland nominal damages; H. Grant the Commission its costs in this action; and I. Grant such further relief as the Court deems necessary and proper.
JURY TRTAL DEMAND The Commission requests a jury trial on all questions of fact raised by its complaint.
Respectfully submitted, ERIC S. DREffiAl>.'D General Counscl
LEE JA;\I1ES
Deputy General Counsel
ADELr:JmpofN(f!:$3)
Regional Attorney ROBERT K. DAWKlNS (P38289) Supervisory Trial Attorney TRINA R. MENGESHA (PS94S8) Trial Attorney
4

Case 4:05-cv-40272-PVG-DAS Document 1 Filed 08/26/2005 Page 5 of 7 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION DETROIT DISTRICT OFFICE Patrick V. McNamara Federal Building 477 Michigan Avenue, Room 865 Detroit, MI 48226 (313) 226-4620
5

Case 4:05-cv-40272-PVG-DAS Document 1 Filed 08/26/2005 Page 6 of 7

0~ I~I NAL JS 44 11199
The JS-44 civil

CIVIL
cover sheet and

COVER SHEET COUNTY IN WHICH THIS ACTION
the information contained herein neither replace flor supplement

AROSE:
the filing

aOndAsKervLicAe oNr pDleadings~

otl~e~apers

os

required

by law. except as provided by local rulcs of court. This form, approved by the Judicial Conference of the United States in September 1974, is required

for use of the Clerk of Court for the purpose of InitIatIng the civil docket sheet.

I. (a) PLAINTIFFS

DEFENDANTS

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

NORTH OAKLAND MEDICAL CENTER

(b) County of Residence of First Listed (C) Attorney's (Firm Name. Address, and Tetephone Number)

County of Residence of First listed

OAKLAND

<' NOTE: I~A':,,~V';,~~;MNATION CASES. USE THE LOCATl0N1]F,Tr.!i.

Attorney. (If Known)

Trina Mcngcsha (P59458)), Equal Employmcnt

Opportunity Commission, 477 Michigan Avcnuc, Room

g65. Detroit. MT 4g226 (313) 226-4620

II. BASIS OF JURISDICTION IPI8co an "X" In Ono Bo, Only)

liQ 1 U.S. Government
Plaintiff
o 2 U.S. Government Defendant

o 3 Federal Question (U.S. Government Not a Party)
o 4 Diversity (Indicate Citizenship of Parties inllem111)

IV. NATURE OF SUIT (Place an "X" in One 30)( Only)

III. CITIZEN~
(For Ol'lemt Citizen ofT
Citizen of I-

CDDJUAAEDCSTEKGE ElfU:::!lB50GE8.aR/d2Do6:il/va24,i0:s00iP5o5CanuV@l4C01Vi22.v7:i23l4D: 2e3ck
ClIP EEOC V. NORTH 0AlCLAlID .!IED1CAL CElfl"ER, 51, TAlt

CiUzen or; forroinn CflUlIlY

CONTH1,CT

TOHT.'1

FOR rF.TTtmr.1 PF:Nl\1.TY

nANKRUPTCY

OTHP.R STJ\TUTF.5

D 11 OlnSUCBnce D 120MariM
D 13GMilterAc1 D 140 Negotiable Instru~t
D 150' Recovery of
OVl'!rpaymenl and

PERSONAL lNJURY
D Jt 0 Airplane D :!15 Airplane Product
liability
D J20 AU8Ult libel

D D

PERSONAL INJURY 362 Personal Injury-
Med. Malpradlce
365 }::;:J0une"tl..1l1n1 Vtilryv •

~~~~TrEo. 8 D'rn!erot\fAEC o o 625 ~ Relaled SIIIZIn

42.1 VVithdrawm

0' Pfoperty 21: 881

2aUSC '57

r~~~1 rtiocn-"n",n' o 430 Banks Bnd Banking a 450 CommerceJlCC

0 roo Liquor laws

o 460 Oeportalion

EnftlfCement of Judgment
o 151 Medi<:ate Ad

And Slander
0 330 Federal: Employen'

D 368 Asbes!os Personal :J

Injury Product

liabilily

D

&40 RR. & Truck 650 Airline Regs,

PROPERTY rtlGHTS

o 47aRetbte«lnf\\lenced&
COfTUpt Orgarnl.a1ior1.

0 152 Recovery of Oefaulled
Student Loans
(ElCd, Veterans} 0 153 Reccwery of OYetplyment
of Veteran's OenelRt D 150 Stockholders' Suils 0 190 Other Centrad D 195 Conlfed: Produd Usbility
REAL PROPERTY

u.bilily
D 340 Marine 0 345 Marine Product
Uilblbly
D 350 Motor Vehicle 0 355 MotorVehicle
Product Liability
D 360 Other Personsl
InjUry
CIVIL RIGHTS

D D

210land condemna~1
220 Foreclosure

D~)j'V42OElminplOoyment

0

PERSONAL PROPERTY

o 370 Other Fraud o 371 Truth in Lendmg o 380 Other Personal

D

Property Dsmage'
D J85 Property Damage

D

Produd liabllity

D

PRISONER PETITIONS

D

D 51 0 Motions to Vacate

5entence

D

000 Occupational SafetylHeallh
690 Other
l..AOOR
7t 0 Fair Labor Standan:b Act
720 LaborlMgmL Helahons
730 LabOIn.tQmt. Reporting & Oi,dlmlrlt Ad
740 RailwllY Leber Ad

0 820 Copyrights 0 63a Palent 0 640 Trademark
SOCIAl. SECURITY
D 8M HlA(1395f1) 0 862 Diad( Lung (923) D BS3 OIWCIOMW{.OS(g}) D 864 $510 Tille XVl D 005 RSI('05{,1I
FEDERAl TAX SUITS

o 610 Selecti\le Service o 8S0$ec;unUel!CQmlnQdltiel/
e.chano"
o 875 Cuslomer Challenge
12 USC 341()
o 891 Agricultural Ads o 692 Economic SUlbdlzalian Ad o 693 Envil'Omlental MilletS o 804 Energy Allocation Act
o 695 Freedom of
Information Act
o 1iOO~~~:, Under

D 230RenU.e... &Ejedm "- ~.,/ 443 Houmgl

Habeas Corpus:

D 2<40 TDf11 to Land

~

Accommodation ..

D 530 General

o D 245 Tort Product Liability D «4Wetfare

D 535 Death Penalty

D 200 All Other Rltlll PtopMy

«0 Other Clva Rights 0 SCD Mandamu, & O!her

D SSG eM! Rights

D 700 Other labor
Lillgation
D 791 Empl. ReI. Inc,
Security Ad

o 870 Taxes (U.S. Plaintiff
or Defendant}
o 871 tRS-Thlrd Par1y
26 USC 7609

t;qUill ACCflI to .;u,11Ce
o 950 Constitu1fonality of
Stale SlattJles
o 8!l0 O1~St.luIory ;\dian.

.. . 0 555 Prison Condition
(PlACE AN X IN ONE BOX ONLY)

OrigInal

0 2

Proceeding

Removed frem State- Court

0 J Remanded from
Appellate Court

0 4 ~ln6tBted
Reo ned

Transferre-d from

OS another dislricl (specify)

o 6 Multi district

llilgallon

Appeolto OIHict
O 7 Judge from Magistrall!l

""Vi. CAUSE OF ACTION (Cite the U,S. Clvjl Slatu1e und8rwhlch you Afe fdin\] and lNfite bflef 5tatemlHltof caulItt. Do no1 cite jUrlS4tdlonaJ Ilmutes unless dlversll),.)

This is an aclion under Tille I of the Americans with Disabilities Act of 1990 and Tille I oflhe Civil Rights Act of 1991 10 correct unlawful

4"'mnlnvmt"nt "f"Jlf"firp...: nn til ... hnc:i..: nf rliO:!lhHitv

VII. REQUESTED IN COMPLAINT:

[J CHECKIFTHISISAClASSACTION ,sOEMAND UNOER F.R.C.P. 23

CHECK YES only if demanded In complaint:

JURY DEMAND:

1K1 Ye. 0 No

(See
VIII. RELATED CASE(S) InslructIOl1S}:

IF ANY

JUDGE

DOCKET NUMBER

SIGNATURE OF ATTORNEY OF RECORD
\~~r~

, '

Case 4:05-cv-40272-PVG-DAS Document 1

..

':;;: ' PURSUANT TO LOCAL RULE 83.11
;\"':1'

Filed 08/26/2005

1,

Is this a case that has been previously dismissed?

If yes, give the following information: Court: _________________________________

Page 7 of 7
~s
~o

Case No.: _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

Judge: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

2.

Other than stated above, are there any pending or previously

discontinued or dismissed companion cases in this or any other court, including state court? (Companion cases are matters in which it appears substantially similar evidence will be offered or the same or related parties are present and the cases arise out of the same

DYes
~

transaction or occurrence.)

If yes, give the following information: Court: ___________________________

Case No.: _______________________

Judge: _________________________________

Notes:

 
 Case 4:05-cv-40272-PVG-DAS Document 39 Filed 12/17/2007 Page 1 of 6

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
NORTH OAKLAND MEDICAL CENTER,
Defendant, ___________________________________/

Case No. 05-40272 Hon. Paul V. Gadola

CONSENT DECREE This matter is before the Court for entry of this judgement by consent of the parties in order to effectuate a compromise and settlement of this claim. After careful review and consideration, the Court believes that entry of this judgement is in the interest of justice. 1. Plaintiff, the United States Equal Employment Opportunity Commission (“the Commission”), commenced the above entitled action in the United States District Court for the Eastern District of Michigan, Southern Division, on August 26, 2005, alleging that the Defendant North Oakland Medical Center (“NOMC”), engaged in discriminatory employment practices in violation of the Americans with Disabilities Act (“ADA”) by refusing to allow Barbara Poland to return to work following a medical leave of absence because of her disability. 2. Defendant NOMC denies all allegations in the Complaint, including any allegation that it
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Case 4:05-cv-40272-PVG-DAS Document 39 Filed 12/17/2007 Page 2 of 6
discriminated against Poland. 3. As a result of settlement discussions, the Commission and NOMC have resolved their
differences and have agreed that this action should be settled by entry of this Consent Decree. It is the intent of the parties that this Consent Decree be a final and binding settlement in full disposition of any and all claims alleged against NOMC or which might have been alleged against NOMC in the Complaint filed on behalf of Poland. 4. It is therefore the finding of this Court, made on the pleadings and the record as a whole, that: 1) the Court has jurisdiction over the parties and the subject matter of this action; 2) the purpose and provisions of the ADA will be promoted and effectuated by the entry of this Consent Decree; and 3) this Consent Decree resolves all matters in controversy between the parties as provided in paragraphs 5 through 18 below.
NON-ADMISSION 5. This Decree, being entered with the consent of all parties, shall not constitute an adjudication
or finding on the merits of the case and shall not be construed as an admission by NOMC of a violation of the Americans with Disabilities Act.
NON-DISCRIMINATION 6. NOMC, its officers, agents, employees, successors, assigns and all persons in active concert
or participation with them shall comply with the provisions of the Americans with Disabilities Act, 42 U.S.C. §12101, et seq., with regard to discrimination on the basis of disability as defined by the Act.
NON-RETALIATION 7. NOMC shall not take any action against any person which constitutes intimidation,
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Case 4:05-cv-40272-PVG-DAS Document 39 Filed 12/17/2007 Page 3 of 6
retaliation, harassment or interference with the exercise of such person's rights under federal law because of the filing of a charge of discrimination with the Commission, which forms the basis for the present case, or because such person gave testimony or assistance or participated in any manner in any investigation or proceeding in connection with this case under the ADA.
MONETARY COMPENSATION 8. NOMC shall pay monetary damages to Barbara Poland in the amount of $50,000.00.
NOMC shall issue a 1099 form payable to Barbara Poland, 5735 Clinton River Drive, Waterford, MI 48327. NOMC shall mail full payment to Poland by certified mail within ten (10) days after this Consent Decree has been entered by the Court. Within thirty (30) days of this payment, NOMC shall send a photocopy of the check sent to Poland, along with a photocopy of the certified mail receipt, to the Commission’s attorney of record.
TRAINING 9. NOMC agrees to provide mandatory training on the ADA to Human Resources employees,
which will include disability awareness and sensitivity training. In addition, the training shall focus on the requirements and prohibitions of the ADA, including the prohibition of discrimination with respect to any terms, conditions, opportunities or privileges of employment on the basis of disability as defined by the Act. The training shall be completed within three (3) months after the execution of this Decree. Upon completion of the training, NOMC shall certify to the Commission the specific training which was undertaken and the dates of the training and shall provide the Commission with a roster of all employees who attended such training.
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Case 4:05-cv-40272-PVG-DAS Document 39 Filed 12/17/2007 Page 4 of 6
POSTING OF NOTICE 10. NOMC agrees that it shall post a copy of the Notice attached as Exhibit A in a conspicuous
location where employee notices are posted. The notice shall be posted for one (1) year from the date this Decree is entered by the Court. Should the posted notice become defaced, marred or otherwise made unreadable, NOMC agrees to post a readable copy of the notice as soon as practicable thereafter.
DURATION 11. The injunctive provisions of this Decree shall remain in full force and effect for one (1) year
and shall expire at the first anniversary of the entry of this Decree. SENIORITY
12. The Commission and NOMC acknowledge that Poland was reinstated in April of 2006. Poland’s seniority hours shall be adjusted so that her present seniority hours will reflect the seniority level she would have held had she been allowed to return to work on January 6, 2004. DISPUTE RESOLUTION AND COMPLIANCE
13. The Court shall retain jurisdiction and will have all available equitable powers, including injunctive relief, to enforce this Decree. Upon motion by any party, the Court may schedule a hearing for the purpose of reviewing compliance with this Decree. The parties shall engage in a good faith effort to resolve any dispute as to compliance prior to seeking review by the Court, and shall be required to give notice to each other ten (10) days before moving for such review. All parties may conduct expedited discovery under the Federal Rules of
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Case 4:05-cv-40272-PVG-DAS Document 39 Filed 12/17/2007 Page 5 of 6
Civil Procedure for purposes of determining compliance with this Decree or defending against a claim of non-compliance, with fifteen (15) business days notice for depositions, entry to premises and access to documents and, with fifteen (15) business days for responses to written discovery.
MISCELLANEOUS 14. All parties shall bear their own costs and expenses of litigation, including attorney fees. 15. If any provision(s) of this Consent Decree is found to be unlawful, only the specific
provision(s) in question shall be affected and the other provisions will remain in full force and effect. 16. The terms of this Consent Decree are and shall be binding upon the present and future officers, directors, creditors, agents, trustees, administrators, successors, representatives, and assigns of NOMC. 17. This Consent Decree constitutes the entire agreement and commitments of the parties. Any modifications to this Decree must be mutually agreed upon and memorialized in a writing signed by the Commission, NOMC and AFSCME. 18. All parties request that this Court approve this Consent Decree and, pursuant to Fed. R. Civ. P. 41(a)(2), dismiss this case with prejudice, without costs to any party, and reserve jurisdiction only as necessary to enforce this Consent Decree.
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APPROVED:

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION LAURIE A. YOUNG Regional Attorney
DEBORAH M. BARNO (P44525) Supervisory Trial Attorney
s/Omar Weaver OMAR WEAVER (P58861) Trial attorney Detroit Field Office 477 Michigan Ave., Room 865 Detroit, MI 48226 omar.weaver@eeoc.gov
Dated: December 17, 2007

NORTH OAKLAND MEDICAL CENTER
By: BARLOW, P. C.
s/Angela M. Pippi THOMAS W. H. BARLOW (P10443) ANGELA M. PIPPI (P61216) Attorneys for Defendant 1450 W. Long Lake Road, Ste. 365 Troy, MI 48098 apippi@barlowpc.com
Dated: December 17, 2007

IT IS SO ORDERED:
December 17, 2007 Date

s/Paul V. Gadola PAUL V. GADOLA United States District Judge

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U.S. District Court Eastern District of Michigan (Flint) CIVIL DOCKET FOR CASE #: 4:05-cv-40272-PVG-DAS

CLOSED

Equal Employment Opportunity Commission v. North Oakland Medical Center Assigned to: Honorable Paul V Gadola Referred to: Honorable Donald A Scheer Cause: No cause code entered

Date Filed: 08/26/2005 Date Terminated: 12/17/2007 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Adele Rapport - INACTIVE Equal Employment Opportunity Commission 477 Michigan Avenue Room 865 Detroit, MI 48226 313-226-5670 TERMINATED: 06/07/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert K. Dawkins Equal Employment Opportunities Commission 477 Michigan Avenue Suite 865 Detroit, MI 48226 313-226-4600 Fax: 313-226-2778 Email: robert.dawkins@eeoc.gov TERMINATED: 05/26/2006 LEAD ATTORNEY

Trina R. Mengesha Equal Employment Opportunities Commission 477 Michigan Avenue Suite 865 Detroit, MI 48226 313-226-4600 Fax: 313-226-2778 Email: trina.mengesha@eeoc.gov LEAD ATTORNEY

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ATTORNEY TO BE NOTICED
Omar Weaver Equal Employment Opportunities Commission 477 Michigan Avenue Suite 865 Detroit, MI 48226 313-226-5670 Fax: 313-226-5673 Email: omar.weaver@eeoc.gov ATTORNEY TO BE NOTICED
represented by Angela M. Pippi Barlow PC 1450 W. Long Lake Road Suite 365 Troy, MI 48098 248-641-3300 Email: apippi@barlowpc.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Holly C. Beatty - INACTIVE Barlow & Derby 1450 W. Long Lake Road Suite 365 Troy, MI 48098 248-641-3300 TERMINATED: 05/15/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Thomas W. Barlow Barlow PC 1450 W. Long Lake Road Suite 365 Troy, MI 48098 248-641-3300 Email: barlow@barlowpc.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Carly A. Van Thomme Chapman Assoc. 40950 N. Woodward Avenue
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Interested Party
AFSCME TERMINATED: 11/19/2007

Suite 120 Bloomfield Hills, MI 48304 248-644-6326 Email: cvanthomme@chapmanlawfirmpc.com TERMINATED: 05/15/2007

Date Filed 08/26/2005 09/13/2005 09/29/2005 09/29/2005 10/03/2005 10/11/2005 10/14/2005 10/17/2005
11/15/2005 12/29/2005 01/24/2006

# Docket Text
1 COMPLAINT filed by Equal Employment Opportunity Commission against North Oakland Medical Center.(THal, ) (Entered: 08/26/2005)
2 ATTORNEY APPEARANCE: Holly C. Beatty appearing on behalf of North Oakland Medical Center.(Beatty, Holly) (Entered: 09/13/2005)
3 ANSWER to Complaint with Affirmative Defenses by North Oakland Medical Center. (Attachments: # 1 certificate of service)(Beatty, Holly) (Entered: 09/29/2005)
4 NOTICE TO APPEAR: Scheduling Conference set for 10/31/2005 02:00 PM before Honorable Paul V Gadola. (RCho, ) (Entered: 09/29/2005)
5 NOTICE of Appearance by Omar Weaver on behalf of Equal Employment Opportunity Commission. (Weaver, Omar) (Entered: 10/03/2005)
6 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by North Oakland Medical Center.(Pummell, Carly) (Entered: 10/11/2005)
7 DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f). (Attachments: # 1 Certificate of Service)(Pummell, Carly) (Entered: 10/14/2005)
8 SCHEDULING ORDER: Final Pretrial Conference set for 10/30/2006 02:00 PM before Honorable Paul V Gadola. Jury Trial set for 11/6/2006 09:00 AM before Honorable Paul V Gadola. Dispositive Motion Cut-off set for 6/30/2006. Discovery due by 5/31/2006. Signed by Honorable Paul V Gadola. (Refer to image for additional dates)(RCho, ) (Entered: 10/17/2005)
9 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by North Oakland Medical Center.(Pummell, Carly) (Entered: 11/15/2005)
10 NOTICE of Change of Attorney Information by North Oakland Medical Center. (Van Thomme, Carly) (Entered: 12/29/2005)
11 STIPULATED PROTECTIVE ORDER. Signed by Honorable Paul V Gadola. (RCho, ) (Entered: 01/24/2006)

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03/20/2006 04/27/2006 04/28/2006 05/26/2006 06/07/2006 06/19/2006 06/21/2006
06/21/2006 06/21/2006 07/05/2006 07/06/2006 07/07/2006

12 STIPULATION AND ORDER AMENDING SCHEDULING ORDER. Dispositive Motion Cut-off set for 8/31/2006.See Image for additional dates. Signed by Honorable Paul V Gadola. (RBri, ) (Entered: 03/20/2006)
13 Defendant North Oakland Medical Centers' Proposed WITNESS LIST by North Oakland Medical Center (Van Thomme, Carly) (Entered: 04/27/2006)
14 Plaintiff's WITNESS LIST by Equal Employment Opportunity Commission (Weaver, Omar) (Entered: 04/28/2006)
15 NOTICE of Withdrawal of Attorney Robert K. Dawkins by Equal Employment Opportunity Commission. (Dawkins, Robert) (Entered: 05/26/2006)
16 NOTICE by Equal Employment Opportunity Commission Notice of Withdrawl of Counsel (Rapport, Adele) (Entered: 06/07/2006)
17 STIPULATION AND ORDER CLARIFYING DEADLINE FOR DISCLOSURES OF EXPERT TESTIMONY. Signed by Honorable Paul V Gadola. (RBri, ) (Entered: 06/20/2006)
18 MOTION for Order for Mental Examination of Barbara Poland by North Oakland Medical Center. (Attachments: # 1 Index of Exhibits Index Exhibits# 2 Exhibit A - Order Mental Exam of Barbara Poland# 3 Exhibit B - Complaint# 4 Exhibit C - Excerpts of Dep Transcript of Barbara Poland# 5 Exhibit D Complaint - OCC #96-526814-NI# 6 Exhibit E - Gaines-Hanna case# 7 Exhibit F - Thiessen case# 8 Exhibit G - Sarko case# 9 Exhibit H - Smith case# 10 Exhibit I - Fox case)(Van Thomme, Carly) (Entered: 06/21/2006)
19 ORDER REFERRING MOTION to Magistrate Judge Scheer: 18 MOTION for Order for Mental Examination of Barbara Poland filed by North Oakland Medical Center. Signed by Honorable Paul V Gadola. (RBri, ) (Entered: 06/21/2006)
20 NOTICE of hearing on 18 MOTION for Order for Mental Examination of Barbara Poland. Resolved/Unresolved Issues due by 7/14/2006. Motion Hearing set for 7/18/2006 02:00 PM before Honorable Donald A Scheer. (MLan, ) (Entered: 06/21/2006)
21 STIPULATION re 18 MOTION for Order for Mental Examination of Barbara Poland to Extend Deadline for Response Brief and Reply Brief by Equal Employment Opportunity Commission.(Weaver, Omar) (Entered: 07/05/2006)
22 STIPULATED ORDER Extending Response and Reply Dates to 18 MOTION for Order for Mental Examination of Barbara Poland, Response due: 7/7/2006. Reply due: July 14, 2006 Signed by Honorable Donald A Scheer. (MLan, ) (Entered: 07/06/2006)
23 RESPONSE to 18 MOTION for Order for Mental Examination of Barbara Poland filed by Equal Employment Opportunity Commission. (Attachments: # 1 Index of Exhibits Index of Exhibits# 2 Exhibit Exhibit 1 - Complaint# 3 Exhibit Exhibit 2 - Answers to Defendant's Interrogatories# 4 Exhibit Exhibit 3 Commissions 2/22/06 Letter# 5 Exhibit Exhibit 4 - Commission's 6/20/06 Letter# 6 Exhibit Exhibit 5 Deposition of Barbara Poland# 7 Exhibit Exhbit 6 Part A Gaines-Hanna Opinion# 8 Document Continuation Exhibit 6 Part B -

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07/14/2006 07/19/2006 07/28/2006
08/01/2006 03/15/2007 05/14/2007 05/15/2007 05/16/2007
06/06/2007

Gaines-Hanna Opinion# 9 Exhibit Exhibit 7 - Curriculum Vitae of Dr. Gold# 10 Exhibit Exhibit 8 - LeFave Opinion# 11 Exhibit Exhibit 9 Part A - EEOC Guidance# 12 Document Continuation Exhibit 9 Part B - EEOC Guidance# 13 Document Continuation Exhibit 9 Part C - EEOC Guidance# 14 Document Continuation Exhibit 9 Part D - EEOC Guidance)(Weaver, Omar) (Entered: 07/07/2006)
24 RESPONSE to 18 MOTION for Order for Mental Examination of Barbara Poland filed by North Oakland Medical Center. (Attachments: # 1 Index of Exhibits # 2 Exhibit Exhibit A - Deposition of Roman Franklin, M.D.# 3 Exhibit Exhibit B - Deposition of Paul M. Gold, D.O.)(Van Thomme, Carly) (Entered: 07/14/2006)
Minute Entry -Motion Hearing held on 7/19/2006 re 18 MOTION for Order for Mental Examination of Barbara Poland filed by North Oakland Medical Center, before Honorable Donald A Scheer. Disposition: Motion Denied (Tape #DAS 06-073) (MLan, ) (Entered: 07/19/2006)
25 STIPULATION AND ORDER AMENDING SCHEDULING ORDER FOR PARTIES TO ATTEND FACILITATIVE MEDIATION: Final Pretrial Conference set for 3/19/2007 02:00 PM before Honorable Paul V Gadola. Jury Trial set for 4/2/2007 09:00 AM before Honorable Paul V Gadola. Dispositive Motion Cut-off set for 11/15/2006. Discovery due by 7/31/2006. Signed by Honorable Paul V Gadola. (Refer to image for additional dates)(RBri, ) (Entered: 07/28/2006)
26 ORDER denying 18 Motion for Order- Signed by Honorable Donald A Scheer. (MLan, ) (Entered: 08/01/2006)
27 STIPULATION AND ORDER AMENDING SCHEDULING ORDER FOR PARTIES TO FINALIZE SETTLEMENT. Final Pretrial Conference reset for 5/21/2007 02:00 PM before Honorable Paul V Gadola. Jury Trial reset for 6/4/2007 09:00 AM before Honorable Paul V Gadola. Signed by Honorable Paul V Gadola. (RBri) (Entered: 03/15/2007)
28 NOTICE of Change of Electronic Filing Registration Information by Carly A. Van Thomme on behalf of North Oakland Medical Center. (Van Thomme, Carly) (Entered: 05/14/2007)
29 CONSENT AND ORDER FOR SUBSTITUTION OF ATTORNEYS. Attorneys Thomas W. Barlow and Angela M. Pippi for North Oakland Medical Center added. Attorney Carly A. Van Thomme terminated. Signed by Honorable Paul V Gadola. (RBri) (Entered: 05/15/2007)
30 STIPULATION AND ORDER AMENDING SCHEDULING ORDER FOR PARTIES TO FINALIZE SETTLEMENT: Final Pretrial Conference set for 6/25/2007 02:00 PM before Honorable Paul V Gadola, Jury Trial set for 7/2/2007 09:00 AM before Honorable Paul V Gadola. Signed by Honorable Paul V Gadola. (Refer to image for additional dates) (RBri) (Entered: 05/16/2007)
31 [FILING ERROR: EXHIBIT LABELING ERROR] MOTION for Order Joining AFSCME as a Rule 19(a) Party by Equal Employment Opportunity Commission.

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06/22/2007 06/22/2007 06/25/2007 06/25/2007 07/31/2007 10/11/2007 10/23/2007 11/19/2007 12/11/2007 12/17/2007

(Attachments: # 1 Index of Exhibits # 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5# 7 Exhibit 6# 8 Exhibit 7# 9 Exhibit 8) (Weaver, Omar) Modified on 6/6/2007 (Eldridge, D.). (Entered: 06/06/2007)
32 ORDER granting 31 Motion to Join Union as Party. Signed by Honorable Paul V Gadola. (RBri) (Entered: 06/22/2007)
Reset Scheduling Order Deadlines: Final Pretrial Conference reset for 7/10/2007 10:00 AM before Honorable Paul V Gadola (RBri) (Entered: 06/22/2007)
33 NOTICE of Change of Electronic Filing Registration Information by Thomas W. Barlow on behalf of North Oakland Medical Center. (Barlow, Thomas) (Entered: 06/25/2007)
34 NOTICE of Change of Electronic Filing Registration Information by Angela M. Pippi on behalf of North Oakland Medical Center. (Pippi, Angela) (Entered: 06/25/2007)
35 NOTICE TO APPEAR: Final Pretrial Conference set for 8/16/2007 01:30 PM before Honorable Paul V Gadola (RBri) (Entered: 07/31/2007)
36 ORDER setting status conference. Status Conference set for 10/23/2007 10:00 AM before Honorable Paul V Gadola. Signed by Honorable Paul V Gadola. (RBri) (Entered: 10/11/2007)
Minute Entry -Status Conference held on 10/23/2007 before Honorable Paul V Gadola. Disposition: Parties to stipulate to dismiss AFSCME from the case(Court Reporter Jennifer Chase) (Tape #07-247) (RBri) (Entered: 10/30/2007)
37 STIPULATION AND ORDER TO DISMISS THE UNION. AFSCME terminated. Signed by Honorable Paul V Gadola. (RBri) (Entered: 11/19/2007)
38 CONSENT DECREE by Equal Employment Opportunity Commission (Weaver, Omar) (Entered: 12/11/2007)
39 CONSENT DECREE. Signed by Honorable Paul V Gadola. (RBri) (Entered: 12/17/2007)

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