•

1-l\oTfED STATES DISTRICT COl:1IT FOR TIlE EAST~,\ DISTRICT OJ.' PENNSYLVANIA

EQUAL EMPL01'MENt OPPORTUNITY COMMISSION,
Plaindff,
••
tr.'«TED PARCEL SERVICE.

) ) ) ) ) ClVlL ACTION NO. ) )
) COl\1PLAItiI
) JURy TRIAL DEMANDED
) )

NA1UREOFTHEACTION

At $¢I. focth with gn:awr:;m-tK'alarityinParagra;ili S below, the Ctm:n:tl.i$sion aUege~ that OIl orabout In:y 30, 20f)4, Defen6mr linitoo Parcel Service Ciscriminatro agains:Eugenic O'OIiv«m be.;ause of his di$llbility, when i, terr:rinated him from his position as a S01tcrlLoader, Specifically, the Cooumstion OOlltendM thai Mr. D'Oliveim was discriminated against when he was di'UJhargw afkr Defendant daimoo th"t because oHus disability, Mr. D'Ollveim was Ii dimet threat to himtelfor

JL'RISDfCTION AND YEN! JE
I. JuriWictiOtl ofiliis C.ourtis inV1Jked pursu:mt b) 2fft;S"C. StctimtS 45l, un, 1337,

1343 a,1!l tj45. TWsacUo:1wauthoiud.w.d H-.slimted PUfSWlIlHoSectiQII107(a) oftheAmeriCbl'lS

with Di!nwilitie$ Act of 1990 (".4,.DA";, 42 U.S.C. § :21 J7(a), whiclJ incorporates by ref=

SectiQ1l$ 706(i)(1) and (3) of Title va oftbe Civil Right. Act of 1964 ("Title VIr'). 42 U.s.C. §

20O{)e·5(f)(1) and (3); and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981A.

2, Tlw t:lIl'IpJO)T;'l«lj practices alleged to be unlawful Wt1'rC oommitted 'hitb.t! the

juri$<!iYloo oflM Unitct States Dl~trict Coort fur 6e F,;m:em Ir$tr1ct ofPctlJ1Syh1lflit:.

£ARm;;;

3. Plamliff, F..qual F.mplQyment Opportunity Corrtlmssioo. (the "Comnnsmm"}, il> au

agr:;w:y of !ht Un!ttd Sm~ of America clu!rged with the administntttll\ inlell>lefutwr! and

e'Dfun.ll::meni nfT.rt:e1ofL.'w ADA and h exPNSSiy authnrized to bring this actiou bySectkm lO1(1)

(I:'ite ADA. 42 U-S.C, ~ UU7(a), wlid~ :im:(lIpOUItes byreference Secti!.l!:'J.I 706(t)(1) and (3) of

Tille vn, 42 1;.3.C. § 2OOOe·5(J)(~}.

4. At all relevant times, DefllJldant, United P<ircd Senic:; (the ~Employer"). Ii

Permsylvania colJ>Oration, has continuously been doing business in the Comnwi\wea1th of

Penu$ylYtmia and thcCity of Horsham, and has C\Illtimmuslyhad al least fift.etm ernpkryees.

5.

Al al! relevll.'ll :i1Ilt'S, Defi:ndaot Em?l<l~l':r hit<; coo:illuclldy bem an ~oy«

er.gag;:d in an industry affct:!itrs C<:I!lllr.etre within the meaning ofSedioo 101(5) oftlwADA, 42
* eSc. 12111(5), and Secti<Jn :01(1) of/he ADA, 42 U,S.C § 12Hl(1). whk:h itlOOtpOOIltii by

referenCE: Sections 7(H(g} end (b) t>fTI(~ VII, 42 u.S.C §§ 2OOIJe{g} and (h).

6, Ai all mf:1W tim«, Defendant Employer has hem a «weed entity undcr St.ctinn

2

101(2) (If the ADA, 42 U.S.C. § 12111(2). STATEMENT Ok' CLAIMS
7. More than thiIty ilil;.'S priori(> the In.tltution ofthi. lawsuit, hgenio D'Oh,vcilt\ tiloo a cl:ar#t with the Crnnmission alleging vinlIItlOlll> ofTitle] ofthe ADA by Dei<::nd.:tni Emp:k;yer. All Gondib.tms pm;edent to the institution <>f this lllWhll.lt have been fulfilled.
!I- SirK:c.u leastonoraboutJU:y 30, 2004, ~ Employerhas ~ in unlawful emp;.;.ynv,'!u proctkes at it> H(l~ Pennsylvllllia fadUy io ~iolatioll ofSectim: Hilla) I)/Trtlt r ofthe ADA, 42 U.S.c. -§ liI12(a), bytern'rinating Charging Prury Eugenio D'Oliveiffi, a qualified individual with it disability, from his crnpIoymcni because of his .usability. The alleged unlawful prattkrs :1\clude, bm are net limited to, the following:
fa) EugwiQ D'Olivelj"d,hegmwor\<:ing fGTDeft1ll.i;mtEmplo}'--eJ"ln oraboutOotober J987 at II SorttnfT...oaOOr.
(ill At llll re1evant times duringhiutventeen (17) years of employmentwitb Defendant, t.i~. D'OUvclra sati~factorily ~mmed ill tbe position ofScrwriLoade:, ;ad ne'Vel' I't'CClved acy disclpUue or safety VIolations.
~c) In or about 1995, :Mr. D'Oliveira WIlS djagnosoo with Retinitis Pigmentosa. a penuanent deg=tive crodition which substantially limits too major life oct:ivily of aooing. However. des;)jte his inr,nirl1eIlt, at all relevant time~, M:;:. D'Olivwil !f.xx:enfully perfanued the emmtutl fum:tiQM "fthe SorteiLoaderfRWi1100 with(lm $py~,
(d) In late Novembel: 2003, Mr. D'Olrvmm WlIS assigned a new sopel'Vizoc, TM1l!We JdTC!$Ql:t Wilhin 1hre.e mGJlthi;, JeffCfSQll tXlmplwaoo {Q Def~ thai M:::. D'Oliveim pooOO a sa:~y riik tv brruiclf Ii:ld his;m.w<rl:eUl. At notime d:d \.fr, D'OliYcira';; lluperv:ioordiX\IUWlltlm}'
J

iru::identll ofali.eged ~afety ooneerns, ¢t issue any di5cipline to hnn for any ;;lkged safety viOWtiOOB, {e} On (Jf about Apri14,2004, Def<:nthwtmetwitb Mr. D'Ollvelra andl¢qUCS100 thatbo
submit 10 amOOiea! examinati¢nand,ubmlt~ dm:umentlition regarding bi5$$Ilbihly, Du:ring t:bis meeting, Mr. D'Oli¥ein never f&:J\W$t$;l or mfonned Defeudaut that he needed 1111 ;\CI;<:>mmOdatIonto pedOn:n the Uiaderi$orterpo!!itillfi. Hawever, at IbeCOJlClU>ion oftbis meeting, Defundanl saspf1llifd Mr, D'OEvJJtll frOO1 his p(lMlioo, concluding fhathis ilisabilityp<lOOd adimet threallo himselfand/or others,
(1) On or about Jooe 7, 2004, t-.1r. D'Olivdra's physician provided DefundMrt wilhMr. D'Olivrua's ~ irtfotn:l.ati<m. a$NqIlCSted by Dci'er.danton i:o R~uest fotMlXl.k:aIlnformarirJO From.
tg) After reviewmg the briefll'.«hcMromment:; provided by Mr, O'Ol1vam'sphy:lidun, Defendant ooncluded that Mr. D'Olive:m was unable to perfunn the essential fttnctwns: of the
Smt.er/Lna.:ier posrutl!l.
,n) At 00 tim: did Dem:cirultronferwithMr. D'Oli"eira's physidan to vmfy1ttat Mr. ;'-Ollv.;;im was llnable to l'crfo:m the wcntial fur:ctiQl\S ofthe So.n:errlLoader JXlsition. Rather, without my objective medical or £actual eYlde(l('e, DefeMant simply incorrectly concludod that Mr, D'Oliviera was a direct ttJeac tohimself OT oihers.
"'ir. (ij f\l:1mugh D'Oliveittl.nevet r«.;mt~ ar. acromn:cooatioo dttrintM employment.
and cllhoLgh !1ecuuld perfuun the functioM oflri;; pos,illo.a witllm;: aIlllOOOmm~, 011 Qr about
July hi, 1004, Defen&mt met •...(fh Mr D"Oiivuira to discuss his neoo lOr an ~oo
J:lt4~ this :r.eeting, Defundant ~ that Mr. D'Olivcira COillj)lcte it checklist idcntil)ing hi"
limitations lind .:.Iesired acro1llD:lOOatiQ{)$, Mr, D'Olivcira was crunpclkd by IR:1M'id.tItII widootii'y
4

sonw tjpeuiacOO1l1J:l:lOda'.itltt, and :niorrnedDefendant~bai he d<::s:redbr'.ghter lighting in oom~l«CU of tlx" flt;:ilt;y. and suggested lhat Defimdant allow lmn fu llIlk>ad certaill truc4
(i<:) Aithcugh Dclendnnt OOIllellds fuM Mr. D'Obvrinl'$ dtsabi:rty CSIISl:d a direct thteat t;}
hirrwlf Q; Plhers, Defeudant tiu!ed to ctfi)' its burden ,('I at!trllpt to redllt:e lUIy alleged risk by way
oh reasollable accommodation in the form ofreassigrunent or job Jll(>dification.
(1) On or about Juiy 3<l, 2004, in vloiation oithe American's With Disahiliti<:sAct,-anc. after irJlorrectly oo!](:ludillg::lmt11r. V'Oliviaa (oold.n;rt fletfum. tl",c essemw fu.ncti0liS ('Ifhl&job.
ronduding that be was a aired tll.rtw ro himself Ot Ifthets C\lC to his ill_lity, .and :f.1iliug to dotonnirre whether any alleged n$k {ould 00 reduced to an aooepuble jove} by "'11.;' oft_able
acwmmoda:tion, Defundmlt terminated Mr. V"Oliveira's anpl0yme0t 9. The eff<lt! ofth.e pnll:tic~s complaint(! of iu Paragraph 3 (a) thruugh (I) above has
been to Ceprive Eugenio D'Olivcira of equal ec:ljllo)=: opportunilies U!d othe:wistl adVimI¢iy afFx,t tus $tahls ill> 1m employee bIxal.lSeofhis dffithility, Retinitis Plgmet:roM.
:(). The unlawl'J1 cmp~ practiceswmp1ai:tKtl ofio Pru-asr.aph a {al 1hrollJ!b (I)
above 'W1:lr<'l mlellti¢naL 1i. The \IJ1.lawful employment practices complained of in Paragraph a (a) through 0)
above were done with malice cr with reclCess inciffurcnce to the tbCerally p:otet:ted rights of i'~ D'OJiveinl.

PRAYEREQR RELIEF WHEREFORE, !he Cmwmss>oo respectfully~!s that !lns Court: A. Grant a pefr:Ul."'cr.t injunctlOiI enjoining the Defendant Employer, its <Jitk:ers, SllCOO!;!jOVJ, amgus and all peuor.s b aetive ~onccrl or participation with it, from diseriminatiIIg agamst discl;Iled emp}()~ and from engaging in <!rnpioymem practices which diwrimi:rnUeoo !he bas:t of disability. B. Order the DefullCant Erupklycr m in~tjtule and carry out policies,. ~ end pfQgramG which provide equal employmentopp«tunities fur qualified indiYiduals with disahilitics" and wln~ e.,.-adicate the elThes ofi:il past ami present un!awfJl. employment practiCCll.
C. Order Defendant Employer to make whow Eugenio D'Olivei:ra. by providing
appmpriaw back pay with P«'.IlJdgmenl intenlst. m ;;;mount!> Ie be 4ctffinined at trial, lIJl4 othec a.'IllT!tliuve n:licl n~ to octtdicale the ¢t:~1s ofit:; unlawful emplo;rment pmt;tiClU.
D. Order D(lfendant Employer to make whole Eugcnk' D'O\ivcira by {lroviding cillIlpetlwionfO;; pastaudti.!lure peo.;.."'liaryJrusesrewllmg fronl the lIIlw-wful ~ymerJ practi=
de&;ribed iii Pm"Jgraph 8 {IIi through (i) almve, including but II£{ I..t1.1Ctw tG jo'-' seareb ~ med.iIUlJ expomses, insurance expenses, mi~sed hou$ing payments and related. exjX'tltlcs, in amounts to be delen;uined at trial.
E Order 9t:fer:&u:, Employer to milke whole Eugl.cio D'01iveira by providing
cOOlpo:ngation for past and :future nonpecuru.lry losses resulting frorn the unlawful employment p<<l;;:itCil described in Paragraph 8. (a) througlt (l) ID:we, i:le!ndJng ernoonruU pain and .uf~ anxiety, d,¥"I?$si<m, strws, anrllt>$s of sclf-esloom, ill 1UI'KlUIlt1; Ii) be determined at trial.
p, O;det Defunaam Erup13yc1 to pay Eugenio ::J'Oliveira punitive riam.agm> :<.'!I its
6

rr.atic.'iQU$ $1dr<lCkless wrui:xt. as dewnlreJ in Pwagropll &(;I,) frxoug," L} filmY<:, in atJ'l<.l\IDt$ to Ix determined at ;rial
G. Grant stIch further mid':as t.h" Courl deem$ Il~ U1d proper in ibe pul;>hc
int~
H. Awaro the ~O!l its wsIl;; ill this action.
7

iAM'.3S (., LEE Deputy Goo_I O;o\llJse!
GWE>E)QL'fN YOUNG RE.'\J;.1$
Asoocia:e C"f!('.trai CtHmse! EQUAL nfPLQY!.1Ef<T OPPORll}NITY COMr.USSJON IilOJ ":;.," Stree:, N.W. Waahin".l)u. D,C, 20507
!&ISOIYTr'><ll Attorney
, , ' Ii~'
DAWfrQ,~DG~1}c
Trial Attorney EQUAL EMPLOYMENT OPPORTlJNlTY COMMISSION Philad('\phia Distrkt Office 2J Soutb stl< Street Suite 400 Philadelphia, Pa. 19106 Telephone: (2iS)44Q<;68i
Fa<:simik: (215) 440.284&
,

 
 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

EUGENIO D’OLIVEIRA

)

)

Plaintiff,

)

)

vs.

)

)

UNITED PARCEL SERVICE

)

)

)

Defendant.

)

____________________________________)

CIVIL ACTION NO. 06-1971
COMPLAINT IN INTERVENTION JURY TRIAL DEMANDED

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 Plaintiff, Eugenio D’Oliveira, who was adversely affected by such practices. Plaintiff alleges that on or about July 30, 2004, Defendant, United Parcel Service discriminated against him because of his disability, when it terminated him from his position as a Sorter/Loader. Specifically, he contends that he was discriminated against when he was discharged after Defendant claimed that because of his disability, he was a direct threat to himself or others. In addition, Mr. D’Oliveira alleges that he was discriminated against when Defendant failed to explore whether any alleged risk of harm could be reduced by way of a reasonable accommodation in the form or reassignment, or job modification, instead of discharge. Because of the discriminatory discharge, Mr. D’Oliveira suffered severe emotional distress and back pay damages.

Finally, he alleges that he was subject to a hostile and harassing work environment on the basis of his disability, for which he also suffered damages.
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. Sections 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 107(a) of the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. § 12117(a), which incorporates by reference Sections 706(f)(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 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 Unites States District Court for the Eastern District of Pennsylvania. 3. This Court has supplemental jurisdiction over plaintiff’s state law claim in that this claim arises under the same transaction or occurrence as plaintiff’s federal claim.
PARTIES 4. Plaintiff, Eugenio D’Oliveira, is an adult, male resident of Philadelphia Pennsylvania. 5. At all relevant times, plaintiff has been, and continues to be a “qualified individual with a disability” as that term is defined by both the ADA and the Pennsylvania Human Relations Commission. In addition, plaintiff has a “record of” disability, and was “regarded as” disabled by defendant, United Parcel Service. 6. At all relevant times, Defendant, United Parcel Service, (the “Employer), a Pennsylvania corporation, has continuously been doing business in the Commonwealth of
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Pennsylvania and the City of Horsham, and has continuously had at least fifteen employees.
7. At all relevant times, Defendant Employer has continuously been an employer engaged in an industry affecting commerce 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. §§ 2000e(g) and (h).
8. At all relevant times, Defendant Employer has been a covered entity under Section 101(2) of the ADA, 42 U.S.C. § 12111(2).
FACTS 9. More than thirty days prior to the institution of this lawsuit, Eugenio D’Oliveira filed a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) alleging violations of Title I of the ADA, and the Pennsylvania Human Relations Act (PHRA) by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled. 10. Since at least on or about July 30, 2004, Defendant Employer has engaged in unlawful employment practices at its Horsham, Pennsylvania facility in violation of Section 102(a) of Title I of the ADA, 42 U.S.C. § 12112(a), by terminating plaintiff, a qualified individual with a disability, from his employment because of his disability. The alleged unlawful practices include, but are not limited to, the following:
(a) Plaintiff, Eugenio D’Oliveira began working for Defendant Employer in or about October 1987 as a Sorter/Loader.
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(b) At all relevant times during his seventeen (17) years of employment with Defendant, Plaintiff satisfactorily performed in the position of Sorter/Loader, and never received any discipline or safety violation.
(c) In or about 1995, Plaintiff was diagnosed with Retinitis Pigmentosa, a permanent degenerative condition which substantially limits the major life activity of seeing. However, despite his impairment, at all relevant times, he successfully performed the essential functions of the Sorter/Loader position without any accommodation.
(d) Beginning in or around September of 2000, and continuing, plaintiff experienced harassment because of his disability. Specifically, plaintiff’s then supervisor Steve Hackman would make comments in the workplace including but not limited to, “there’s a blind bat coming into the area”.
(e) In late November 2003, plaintiff was assigned a new supervisor, Terrence Jefferson. Within three (3) months, Jefferson complained to Defendant that Mr. D’Oliveira posed a safety risk to himself and his co-workers. At no time did Mr. D'Oliveira's supervisor document any incidents of alleged safety concerns, or issue any discipline to him for any alleged safety violations.
(f) On or about April 4, 2004, Defendant met with plaintiff and requested that he submit to a medical examination and submit medical documentation regarding his disability. During this meeting, Mr. D’Oliveira never requested or informed Defendant that he needed an accommodation to perform the Loader/Sorter position. However, at the conclusion of this meeting, Defendant suspended plaintiff from his position, concluding that his disability posed a direct threat to himself and/or others.
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(g) On or about June 7, 2004, plaintiff’s physician provided Defendant with Mr. D’Oliveira’s medical information, as requested by Defendant on its Request for Medical Information Form.
(h) After reviewing the brief medical comments provided by Mr. D’Oliveira’s physician, Defendant concluded that Mr. D’Oliveira was unable to perform the essential functions of the Sorter/Loader position.
(i) At no time did Defendant confer with Mr. D’Oliveira’s physician to verify that Mr. D’Oliveira was unable to perform the essential functions of the Sorter/Loader position. Rather, without any objective medical or factual evidence, Defendant simply incorrectly concluded the Mr. D’Oliveira was a direct threat to himself or others.
(j) Although Mr. D’Oliveira never requested an accommodation during his employment, and although he could perform the functions of his position without an accommodation, on or about July 16, 2004, Defendant met with Mr. D’Oliveira to discuss his need for an accommodation. During this meeting, Defendant requested that Mr. D’Oliveira complete a checklist identifying his limitations and desired accommodations. Mr. D’Oliveira was compelled by Defendant to identify some type of accommodation, and informed Defendant that he desired brighter lighting in some areas of the facility, and suggested that Defendant allow him to unload certain trucks.
(k) Although Defendant contends that plaintiff’s disability caused a direct threat to himself or others, Defendant failed to carry its burden to attempt to reduce any alleged risk by way of a reasonable accommodation in the form of re-assignment or job modification.
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COUNT I Americans with Disabilities Act (ADA)
42 U.S.C. § 12101 et seq. (Discrimination and hostile environment on the basis of disability) 11. Plaintiff incorporates by reference paragraphs 1-10 above as though each were set forth in their entirety. 12. On or about July 30, 2004, in violation of the ADA, and after incorrectly concluding that plaintiff could not perform the essential functions of his job, concluding that he was a direct threat to himself or others due to his disability, and failing to determine whether any alleged risk could be reduced to an acceptable level by way of reasonable accommodation, Defendant terminated Mr. D’Oliveira’s employment. 13. The effect of the practices complained of in Paragraph 10(a) through (k) above has been to deprive plaintiff of equal employment opportunities and otherwise adversely affect his status as an employee because of his disability, Retinitis Pigmentosa. 14. The effect of the unlawful employment practices complained of in Paragraph 10(d) above has been to subject plaintiff to harassment and a hostile work environment on the basis of disability. 15. The unlawful employment practices complained of in Paragraph 10(a) through (k) above were intentional. 16. The unlawful employment practices complained of in Paragraph 10(a) through (k) above were done with malice or with reckless indifference to the federally protected rights of plaintiff. 17. As a result of defendant’s unlawful conduct complained of above, plaintiff has suffered, and will continue to suffer damages, including but not limited to, loss of wages and benefits, humiliation, embarrassment and emotional distress.
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COUNT II Pennsylvania Human Relations Act (PHRA)
43 P.S. § 951 et seq. 18. Plaintiff incorporates by reference paragraphs 1-17 above as though each were set forth in their entirety. 19. Defendant, through the acts set forth above, discriminated against plaintiff on the basis of his disability, in violation of the Pennsylvania Human Relations Act, 43 P.S. §954. 20. The effect of the practices complained of above has been to deprive plaintiff of equal employment opportunities and to otherwise adversely affect his status as an employee because of his disability. 21. The unlawful employment practices complained of above were committed with malice or reckless indifference to plaintiff’s rights under the PHRA. 22. As a direct and proximate result of these violations of plaintiff’s rights under the PHRA, he has suffered both pecuniary and non-pecuniary damages in the form of past and future wage loss, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of work, and humiliation. WHEREFORE, plaintiff respectfully requests that this Court enter judgment in his favor and against the defendant and award the following:
a. a declaration and finding by this Court that the defendant has violated the plaintiff’s rights secured by the Americans with Disabilities Act and the Pennsylvania Human Relations Act;
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b. reinstatement to his former position with all of the rights and
benefits of that position as though his employment had not been
terminated;
c. an order compelling defendant to accommodate plaintiff’s
disability;
d. an award to plaintiff of the wages and benefits, both past and
future, that he would have earned and continued to earn had he
not been terminated;
e. an award to compensatory and punitive damages in an amount to
be determined at trial;
f. an award of reasonable attorney fees and costs associated with
this action; and
g. an award to plaintiff of other such relief as this Court may deem
just and equitable.
JURY TRIAL DEMAND
Plaintiff requests a jury trial on all issues so triable.
Respectfully submitted,
__________________________________ Stephen S. Pennington, Esquire Attorney I.D. # 31612 Jamie C. Ray, Esquire Attorney I.D. # 84132 One Penn Center At Suburban Station 1617 JFK Boulevard, Suite 800 Philadelphia, PA 19103-1895 (215) 564-2363 Attorneys for Plaintiff, Eugenio D’Oliveira
Dated: July 25, 2006
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 United States District Court Eastern District of Pennsylvania - Docket R... https://ecf.paed.uscourts.gov/cgi-bin/DktRpt.pl?842660882350708-L_3...
CLOSED, STANDARD
United States District Court Eastern District of Pennsylvania (Philadelphia) CIVIL DOCKET FOR CASE #: 2:06-cv-01971-MAM

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. UNITED PARCEL SERVICE Assigned to: HONORABLE MARY A. MCLAUGHLIN Cause: 42:12101 The Americans with Disabilities Act of 1990

Date Filed: 05/10/2006 Date Terminated: 12/05/2006 Jury Demand: Plaintiff Nature of Suit: 445 Civil Rights: Americans with Disabilities - Employment Jurisdiction: U.S. Government Plaintiff

Plaintiff
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

represented by DAWN M. EDGE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 21 S. 5TH ST STE 400 PHILADELPHIA, PA 19106 215-440-2687 Email: dawn.edge@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

JACQUELINE H. MCNAIR EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 21 S. 5TH ST STE 400 PHILADELPHIA, PA 19106 215-440-2687 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Intervenor Plaintiff

TRACY HUDSON SPICER EQUAL EMPLOYMENT OPPORTUNITY COMMISSION PHILADELPHIA DISTRICT OFFICE 21 SOUTH 5TH STREET SUITE 400 PHILADELPHIA, PA 19106 215-440-2687 LEAD ATTORNEY ATTORNEY TO BE NOTICED

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5/23/2007 10:42 AM

United States District Court Eastern District of Pennsylvania - Docket R... https://ecf.paed.uscourts.gov/cgi-bin/DktRpt.pl?842660882350708-L_3...

EUGENIO D'OLIVEIRA
V. Defendant UNITED PARCEL SERVICE TERMINATED: 07/31/2006
Defendant UNITED PARCEL SERVICE, INC.

represented by JAMIE C. RAY LAW OFFICES OF STEPHEN S. PENNINGTON 1617 J.F.K. BLVD. SUITE 800 PHILADELPHIA, PA 19103 215-564-9090 Email: jamiecray@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
STEPHEN S. PENNINGTON 1617 JFK BLVD. SUITE 800 PHILADELPHIA, PA 19103 215-564-2363 Fax: 215-557-7602 Email: spenningtonlaw@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by GARY M. TOCCI REED SMITH LLP 2500 ONE LIBERTY PLACE 1650 MARKET STREET PHILADELPHIA, PA 19103 215-241-7953 Fax: 215-851-1420 Email: gtocci@reedsmith.com TERMINATED: 07/31/2006
JONATHAN R. NADLER REED SMITH LLP 2500 ONE LIBERTY PL 1650 MARKET ST PHILADELPHIA, PA 19103 215-851-8100 Email: jnadler@reedsmith.com TERMINATED: 07/31/2006
represented by GARY M. TOCCI (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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5/23/2007 10:42 AM

United States District Court Eastern District of Pennsylvania - Docket R... https://ecf.paed.uscourts.gov/cgi-bin/DktRpt.pl?842660882350708-L_3...

JONATHAN R. NADLER (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JAMES PHILLIP WILLIAMSON REED SMITH LLP 2500 ONE LIBERTY PLACE 1650 MARKET ST. PHILADELPHIA, PA 19103 215-241-7967 Email: jpwilliamson@reedsmith.com ATTORNEY TO BE NOTICED

Date Filed 05/10/2006 05/10/2006 05/10/2006 06/08/2006
06/08/2006 06/08/2006
07/10/2006 07/26/2006 07/31/2006

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Docket Text

1 COMPLAINT against UNITED PARCEL SERVICE , filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.(ti, ) (Entered: 05/10/2006)
Summons Issued as to UNITED PARCEL SERVICE, One Original Forwarded To: Counsel on 5/10/06 (ti, ) Modified on 5/10/2006 (ti, ). (Entered: 05/10/2006)
DEMAND for Trial by Jury by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (ti, ) (Entered: 05/10/2006)
2 Joint Stipulation for Extension of Time to File Answer re 1 Complaint filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, UNITED PARCEL SERVICE.Joint Stipulation.(NADLER, JONATHAN) (FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO CLERK/JUDGE FOR APPROVAL) Modified on 6/14/2006 (np). (Entered: 06/08/2006)
3 NOTICE of Appearance by JONATHAN R. NADLER on behalf of UNITED PARCEL SERVICE with Certificate of Service (NADLER, JONATHAN) (Entered: 06/08/2006)
4 NOTICE of Hearing: RULE 16 STATUS CONFERENCE SET FOR 8/1/2006 04:30 PM IN JUDGE'S CHAMBERS, ROOM 13614, U.S. COURTHOUSE, BEFORE THE HONORABLE MARY A. MCLAUGHLIN. (cps, ) (Entered: 06/08/2006)
5 ANSWER to Complaint by UNITED PARCEL SERVICE with Affirmative Defenses, Certificate of Service. (TOCCI, GARY) Modified on 7/12/2006 (np). (Entered: 07/10/2006)
6 MOTION TO INTERVENE FILED BY EUGENIO D'OLIVEIRA WITH CERTIFICATE OF SERVICE. (Original of Complaint in Intervention attached) (Attachments: # 1 Proposed Order# 2 Exhibit A)(le, ) (Entered: 07/27/2006)
7 STIPULATION AND ORDER THAT THE NAME OF THE DEFENDANT IN THIS MATTER SHALL BE CHANGED FROM UNITED PARCEL SERVICE TO UNITED PARCEL SERVICE, INC. AND THAT, IN ALL SUBSEQUENT COURT PLEADINGS, THE NAME OF THE DEFENDANT SHALL BE

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08/02/2006
08/02/2006 08/02/2006 08/03/2006 08/10/2006 08/10/2006
08/10/2006 08/15/2006
08/15/2006 09/11/2006 10/02/2006 11/20/2006

UNITED PARCEL SERVICE, INC.. SIGNED BY JUDGE MARY A. MCLAUGHLIN ON 7/31/06. 8/1/06 ENTERED AND COPIES MAILED AND FAXED.(le, ) (Entered: 08/01/2006)
8 SCHEDULING ORDER THAT DISCOVERY IS DUE BY 2/28/2007, DAUBERT MOTIONS, SUMMARY JUDGMENT MOTIONS AND ALL OTHER DISPOSITIVE MOTIONS ARE DUE BY 5/18/2007. THIS MATTER IS REFERRED TO MAGISTRATE JUDGE DAVID R. STRAWBRIDGE FOR A SETTLEMENT CONFERENCE TO BE HELD DURING OCTOBER, 2006. THE COURT WILL HOLD A TELEPHONE CONFERENCE ON 5/24/07 AT 4:30 PM TO DISCUSS SCHEDULING OF THE REMAINDER OF THE CASE. COUNSEL FOR THE PLAINTIFF SHALL INITIATE THE CALL. SIGNED BY JUDGE MARY A. MCLAUGHLIN ON 8/1/06. 8/2/06 ENTERED AND COPIES MAILED AND E-MAILED.(le, ) (Entered: 08/02/2006)
Set/Reset Hearings: (le, ) (Entered: 08/02/2006)
9 TELEPHONE CONFERENCE SET FOR 8/15/2006 at 9:00 AM BEFORE MAGISTRATE JUDGE DAVID R. STRAWBRIDGE. COUNSEL FOR PLAINTIFF IS DIRECTED TO INITIATE THE CALL. COPIES OF NOTICE MAILED TO COUNSEL BY CHAMBERS.(sah) (Entered: 08/02/2006)
10 Minute Entry for proceedings held before Judge MARY A. MCLAUGHLIN : Status Conference held on 8/1/06. (le, ) (Entered: 08/04/2006)
11 RESPONSE to Motion re 6 MOTION to Intervene with Certificate of Service filed by UNITED PARCEL SERVICE, INC.. (NADLER, JONATHAN) (Entered: 08/10/2006)
12 ORDER THAT THE MOTION TO INTERVENE FILED BY EUGENIO D'OLIVEIRA IS GRANTED. MR. D'OLIVEIRA MAY FILE A COMPLAINT IN INTERVENTION WITHIN THIRTY (30) DAYS OF THIS ORDER. SIGNED BY JUDGE MARY A. MCLAUGHLIN ON 8/10/06.8/10/06 ENTERED AND COPIES MAILED, E-MAILED. (fdc) (Entered: 08/10/2006)
13 COMPLAINT against UNITED PARCEL SERVICE, INC. , filed by EUGENIO D'OLIVEIRA.(fdc, ) (Entered: 08/11/2006)
14 ORDER THAT A SETTLEMENT CONFERENCE IS SET FOR 11/15/2006 AT 9:30 AM IN COURTROOM BEFORE MAGISTRATE JUDGE DAVID R. STRAWBRIDGE. SIGNED BY JUDGE DAVID R. STRAWBRIDGE ON 8/15/06. 8/15/06 ENTERED AND COPIES MAILED, E-MAILED.(fdc) (Entered: 08/15/2006)
15 Minute Entry for proceedings held before Judge DAVID R. STRAWBRIDGE : Telephone Conference held on 8/15/06. (pr, ) (Entered: 08/16/2006)
16 Disclosure with Certificate of Service by UNITED PARCEL SERVICE, INC..(WILLIAMSON, JAMES) (Entered: 09/11/2006)
17 ANSWER to Complaint in Intervention with Certificate of Service by UNITED PARCEL SERVICE, INC..(WILLIAMSON, JAMES) (Entered: 10/02/2006)
18 Minute Entry for proceedings held before Judge DAVID R. STRAWBRIDGE : Settlement Conference held on 11/15/06. (le, ) (Entered: 11/20/2006)

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11/27/2006 12/05/2006
12/05/2006

19 Minute Entry for proceedings held before Judge DAVID R. STRAWBRIDGE : Telephone Conference held on 11/27/06 (le, ) (Entered: 11/27/2006)
20 ORDER THAT THIS MATTER IS DISMISSED WITH PREJUDICE AND WITHOUT COSTS PURSUANT TO LOCAL RULE 41.1(b). SIGNED BY JUDGE MARY A. MCLAUGHLIN ON 12/4/06. 12/5/06 ENTERED AND COPIES MAILED AND E-MAILED.(le, ) (Entered: 12/05/2006)
21 CONSENT DECREE AND ORDER THAT THE COURT HAS JURISDICTION OVER THE PARTIES AND THE SUBJECT MATTER OF THIS ACTION, ETC.. SIGNED BY JUDGE MARY A. MCLAUGHLIN ON 12/5/06. 12/5/06 ENTERED AND COPIES MAILED AND FAXED.(le, ) (Entered: 12/05/2006)

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