UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, -againstALLIED SYSTEMS, INC.,
Defendant,

Civil Action No.
COMPLAINT AND
JURY TRIAL DEMAND

NATURE OF THE ACTION

SEP igg7 /o

This is an action under Title I of the Americans With Disabilities Act of 1990, as well as 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 Joseph J. Eissing and other aggrieved individuals who were adversely affected by such practices. As alleged with greater particularity below, Joseph J. Eissing was not permitted to return to his position with Allied Systems, Inc. because of his perceived disability. Additionally, Allied Systems, Inc. has perpetuated a policy of denying employment to individuals with work restrictions which is discriminatory towards qualified individuals with disabilities needing reasonable accommodations.

JURISDICTION AND VENUE

I.

Jurisdiction of this Court is invoked pursuant to 28

UoS.C. §§ 451, 1331, 1337, 1343, and 1345.

This action is

authorized and instituted pursuant to Section 107(a) of the

Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. §12117(a), which incorporates by reference Section 706(f) (I) and

(3) of Title VII of the Civil Rights Act of 1964 ("Title VII"), 42

U.S.C. §2000e-5(f) (i) 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 currently being committed within the jurisdiction of the United

States District Court for the Northern District of New York.

PARTIES

3.

Plaintiff, the Equal Employment Opportunity Commission

(the "Commission"), is the agency of the United States of America

charged with the administration, interpretation, and enforcement of

Title I of the ADA and is expressly authorized to bring this action

by Section 107(a) of the ADA, 42 U.S.C. §12117 (a), which incorpo-

rates by reference Section 706 (f) (i) and (3) of Title VII, 42

U.S.C. §2000e-5(f) (I) .

4.

At all relevant times, Defendant Allied Systems, Inc.

(the "Employer") has continuously been a New York corporation doing

business in the State of New York, and has continuously had at

least twenty-five employees.

5.

At all relevant times, Defendant Employer has continu-

ously been an employer engaged in an industry affecting commerce

within in an industry affecting commerce under Section 101(5) of

the ADA, 42 U.S.C. § 12111(5), and Section 101(7) of the ADA, 42

U.S.C. § 12111(7), which incorporates by reference Sections 701(g)

and (h) of Title VII, 42 U.S.C. §§ 2000e-(g) and (h) .

6.

At all relevant times, Defendant has been a covered entity

under Section 101(2 of the ADA, 42 U.S.C. §12111(2).

STATEMENT OF CLAIMS

7. More than thirty days prior to the institution of this

lawsuit, Joseph E. Eissing filed a charge with the Commission

alleging violations of Title I of the ADA by Defendant.

All

conditions precedent to the institution of this lawsuit have been

fulfilled.

8.

Since at least April 19, 1993, Defendant has engaged in

unlawful employment practices in violation of Section 102 of Title

I of the ADA, 42 U.S.C. § 12101 e_!t seq: which are outlined below.

a.

Joseph Eissing was released as of April 19, 1993 by

his physician to return to work with restrictions after a work-

related back injury. However, Defendant Employer refused to allow

Mr. Eissing to return to work.

b.

Defendant Employer’s own physician performed a

Functional Capacity Exam on Mr. Eissing on June 3, 1993, the

results of which indicated that he could return to work without restrictions. Defendant refused to permit him to return to work.

c.

Defendant Employer’s physician, on July 9, 1993,

refused to release Mr. Eissing to return to work due to ’~the risk

of future injury".

d.

Mr. Eissing’s physician recommended that Eissing

could return to work without restrictions as of July 13, 1993.

Defendant refused to reinstate him.

e.

Defendant Employer’s third-party physician admitted

that Eissing could return to work as a car transporter, but

expressed concern over a future risk of injury. Defendant did not

reinstate him.

f. secured a job

After being denied reinstatement, Mr. Eissing with another company in the same position of car

transporter in June 1994. He performed his job with no further

injury.

g.

Mr. Eissing was eventually reinstated by Defendant

Employer on or about July 5, 1996.

h.

Defendant Employer maintained, at all relevant

times, a policy prohibiting employees from returning to work with

any type of work restrictions. This policy foreclosed qualified

individuals with disabilities, needing a reasonable accommodation,

from employment.

9. The effect of the practices complained of above has been

to deprive Joseph J. Eissing, and similarly situated individuals

with disabilities or who are regarded as having disabilities, of

equal employment opportunities and otherwise adversely affect their status as employees because of their disability°
i0. The effect of the practices complained of above has been to inflict emotional painl suffering and inconvenience upon Eissing and those individuals whom Defendant Employer has deprived of equal employment opportunities based on their disabilities or perceived disabilities.
11. The unlawful employment practices complained of in paragraph 8 above were and are intentional.
12. The unlawful employment practices complained of in paragraph 8 above were done with malice or reckless indifference to the federally protected rights of Joseph J. Eissing, and other similarly situated individuals, in violation of the ADA, 42 U.S.Co § 12101 e__t_t

PRAYER FOR RELIEF

Wherefore, the Commission respectfully requests that this

Court:

A.

Grant a permanent injunction enjoining Defendant, its

officers, successors, assigns and all persons in active concert or

participation with it, from engaging in any employment practice

which discriminates on the basis of disability or perceived

disability.

B.

Order Defendant to employ or reinstate all qualified

individuals who have been denied employment based on disability or

perceived disability.

5

C.

Order Defendant to institute and carry out policies,

practices and programs which provide equal employment opportunities

for qualified individuals with disabilities, and which provide

affirmative relief necessary to eradicate the effects of its

unlawful employment practices, including but not limited to

modifying its discriminatory policy of refusing to employ qualified

individuals if they have work restrictions, and to provide

reasonable accommodations to all such qualified individuals~

D. Order Defendant to make whole Joseph J. Eissing and all

other persons who have been unlawfully denied employment because of

disability or perceived disability by providing compensation for

past and future pecuniary losses resulting from the unlawful

employment practices described in paragraphs 8 through 12 above,

including but not limited to appropriate back pay with prejudgment

interest and job search expenses, in amounts to be determined at

trial.

E~ Order Defendant to make whole Joseph J. Eissing and all

other persons who have been unlawfully denied employment based on

disability or perceived disability by providing compensation for

past and future nonpecuniary losses resulting from the unlawful

employment practices described in paragraphs 8 through 12 above,

including but not limited to emotional pain, suffering and

inconvenience, in amounts to be determined at trial.

F.

Order Defendant to pay all persons who have been

unlawfully denied employment based on disability or perceived

disability punitive damages for its malicious and reckless conduct

described in paragraphs 8 through 12 above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
H. Award the Commission its costs in this action.

JURY TRIAL DE~IANI) The Commission requests a jury trial on all questions of fact raised by its complaint.

Dated:

September 25, 1997 New York, New York
Respectfully submitted,

James L. Lee Regional Attorney
Delner Franklin-Thomas Supervisory Trial Attorney
Michael B. Ranis (#3757) Trial Attorney
New York District Office 7 World Trade Center, 18th Floor New York, New York 10048-1102 (212) 748-8538

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CLOSED
U.S. District Court Northern District of New York - Main Office (Syracuse) [LIVE - Version 3.0.3] (Albany)
CIVIL DOCKET FOR CASE #: 1:97-cv-01396-TJM-DH

Equal Employment Com v. Allied Systems, Inc. Assigned to: Senior Judge Thomas J. McAvoy Referred to: Magistrate Judge David Hurd Demand: $0 Case in other court: 99-06105 Cause: 42:12101 American Disabilities Act

Date Filed: 09/26/1997 Date Terminated: 02/19/1999 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff Equal Employment Com

represented by Michael B. Ranis Equal Employment Opportunity Commission New York District Office 201 Varick Street Room 1009 New York, NY 10014-1102 212-741-2786 Fax: FAX N/A LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Allied Systems, Inc.

represented by Brian Douglas Edwards Turner Broadcasting Systems One CNN Center Box 105366 Atlanta, GA 30303 404-827-1927 TERMINATED: 04/13/1999 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Daniel J. Hurteau Nixon, Peabody Law Firm - Albany Office Omni Plaza, Suite 900 30 South Pearl Street Albany, NY 12207 518-427-2650 Fax: 518-427-2666 Email: DHurteau@nixonpeabody.com LEAD ATTORNEY

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ATTORNEY TO BE NOTICED
Forrest W. Hunter Alston, Bird Law Firm - Atlanta Office One Atlantic Center 1201 West Peachtree Street Atlanta, GA 30309-3424 404-881-7000 Fax: 404-881-7777 Email: fhunter@alston.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/26/1997 09/26/1997 09/26/1997
12/05/1997 01/20/1998 01/20/1998
01/20/1998
01/20/1998 01/20/1998 01/20/1998
01/20/1998

#

Docket Text

1 COMPLAINT filed; ; Service deadline 11/25/97 for Allied Systems, Inc. (wbl) (Entered: 10/06/1997)
Summonses not issued. Service will be done by mail using the Waiver of Service of Summons. (wbl) (Entered: 10/06/1997)
Filing Order Issued; Conference set before Magistrate Judge David N. Hurd in Albany, Status Conference at 9:45 1/28/98 , Deadline for filing Case Management Plan, 1/14/98 (wbl) (Entered: 10/06/1997)
2 ANSWER to Complaint with Affirmative Defenses for Allied Systems, Inc. (Attorney Daniel J. Hurteau), (jel) (Entered: 12/05/1997)
3 Defendants Proposed Civil Case Management Plan Submitted. (sas) (Entered: 01/21/1998)
4 MOTION by Daniel J. Hurteau, Esq., for Allied Systems, Inc. for Forrest W. Hunter & Brian Douglas Edwards to Appear Pro Hac Vice Motion returnable before Judge/Mag. Judge: HURD (sas) (Entered: 01/21/1998)
5 AFFIDAVIT by Daniel J. Hurteau, Esq., for Allied Systems, Inc. Re: support of the [4-1] motion for Forrest W. Hunter & Brian Douglas Edwards to Appear Pro Hac Vice (sas) (Entered: 01/21/1998)
6 Verified Petition for Admission to Practice in the NDNY by Forrest W. Hunter (sas) (Entered: 01/21/1998)
7 Verified Petition for Admission to Practice submitted by Brian D. Edwards (sas) (Entered: 01/21/1998)
8 AFFIDAVIT by Brian Douglas Edwards for Allied Systems, Inc. Re: support of the [4-1] motion for Forrest W. Hunter & Brian Douglas Edwards to Appear Pro Hac Vice (sas) (Entered: 01/21/1998)
9 AFFIDAVIT by Forrest W. Hunter, Esq., for Allied Systems, Inc. Re: Support of the [4-1] motion for Forrest W. Hunter & Brian Douglas Edwards to Appear Pro Hac Vice (sas) (Entered: 01/21/1998)

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01/21/1998 01/22/1998 01/28/1998 01/30/1998
02/23/1998
06/22/1998
06/25/1998 06/25/1998 06/26/1998
09/21/1998 09/21/1998 09/21/1998

10 Proposed Joint Civil Case Management Plan Submitted. (jel) (Entered: 01/21/1998)
11 CERTIFICATE OF SERVICE that a Notice of motion for Admission Pro Hac Vice via U.S. Mail was served upon Michael B. Ranis, Esq. on 1/20/98 (sas) (Entered: 01/22/1998)
12 ORDER, for Forrest E. Hunter and Brian Douglas Edwards to Appear Pro Hac Vice on behalf of Allied Systems, Inc. and Alston & Bird ( signed by Magistrate Judge David N. Hurd ) (fce) (Entered: 01/29/1998)
13 Minute entry: 1/28/98 Rule 16 Conf. w/MJ Hurd. Brian Edwards & Forrest W. Hunter admitted pro hac vice on motion of Daniel Hurteau. Order to be submitted. CMO to be issued. App. Michael Ranis via telephone for pltf, Daniel Hurteau in chambers, Brian Edwards via telephone for deft Court Reporter/ECRO: None (cmr) (Entered: 02/02/1998)
14 Uniform Pretrial Order; Trial Ready by: 2/15/99; Length of Trial 4 days; Preferred Trial Location: Albany, N.Y.; Join/Parties & Amend/Pleadings ddls 3/1/98; Discovery ddl 10/2/98; Motion Filing ddl 12/2/98; Jury Trial ddl 9:30 A.M. on 2/16/99 in Binghamton, N.Y.; signed by Chief Judge Thomas J. McAvoy dtd 2/23/98 (cml) (Entered: 02/23/1998)
15 Minute entry: 6/19/98 Discovery Teleconf. w/MJ Hurd. Pltf's request for production of documents; deft to comply with same w/in 2 wks. Failure to comply may result in proposed Order to compel production being submitted. Deft's request to take EBTs of treating doctors w/o medical releases discussed. MJ Hurd to issue written decision regarding same. App. Michael Ranis for pltf, Brian Edwards for deft Court Reporter/ECRO: None (cmr) (Entered: 06/22/1998)
16 Letter from Brian Edwards of Alston & Bird to Mag. Judge Hurd dated 5/11/98 re: Discovery (fce) (Entered: 06/25/1998)
17 Letter from Michael B. Ranis EEOC Trial Atty., to Judge Hurd dated 5/20/98 re: responding to Deft. Allieds letter of 5/11/98 regarding discovery (fce) (Entered: 06/25/1998)
18 ORDER, Defendant's attorneys may conduct ex parte or private interviews with Mr. Eissing's treating physicians , Defendant's attorneys shall inform those treating physicians of their right to decline to be privately interviewed and shall provide them with a copy of this Order , Mr. Eissing may object and not consent to such private interviews , and Defendant's request to compel releases is DENIED ( signed by Magistrate Judge David N. Hurd ) (fce) (Entered: 06/26/1998)
19 Letter from Michael B Ranis of EEOC to Judge Hurd dated 8/7/98 re: Seeking courts intervention regarding discovery disputes (fce) (Entered: 09/21/1998)
20 Letter from Brian Edwards of Alston & Bird, LLP dated 8/17/98 re: Discovery, with attached exhibits (fce) (Entered: 09/21/1998)
21 Letter from Brian D. Edwards to Judge Hurd dated 8/26/98 re: supplement to letter of 8/17/98 regarding discovery disputes (fce) (Entered: 09/21/1998)

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09/22/1998 09/22/1998 09/22/1998
09/30/1998 10/06/1998 10/06/1998 10/06/1998 10/07/1998
10/15/1998 10/22/1998 10/23/1998 10/26/1998 10/26/1998

22 Letter from Brian D. Edwards of Alston & Bird, LLP to Judge Hurd dated 9/18/98 re: responding to 9/11/98 letter from Michael Ranis of EEOC requesting 6 month extension of discovery. (fce) (Entered: 09/22/1998)
23 REQUEST and ORDER, DENYING EEOC request for extension of discovery deadline to March 6, 1999 ( signed by Magistrate Judge David N. Hurd ) (fce) (Entered: 09/22/1998)
24 ORDER denying [23-1] order EEOC request for extension of discovery deadline to March 6, 1999 to renew in the event plaintiff is awarded punitive damages, denying [23-2] relief, Document request #11 and interrogatory # 16-19 have been satisfactorily answered , Upon execution of a proper confidentiality agreement, defendant shall comply with doc. # 13. ( signed by Magistrate Judge David N. Hurd ) (fce) (Entered: 09/22/1998)
25 Letter from Brian D. Edwards of Alston & Bird, LLP to Judge Hurd dated 9/28/98 re: requesting help in resolving a dispute pertaining to Discovery (fce) (Entered: 09/30/1998)
27 EEOC'S NOTICE OF APPEAL of Two Discovery Rulings by Magistrate Judge Hurd's decision to District Court; returnable before Chief Judge Thomas J. McAvoy on 11-09-98 at 10:00 a.m. in Albany NY (pta) (Entered: 10/07/1998)
28 MEMORANDUM by Equal Employment Com in support of [27-1] Magistrate appeal (pta) (Entered: 10/07/1998)
29 AFFIDAVIT of Michael B. Ranis, Esq. by Equal Employment Com in support of Pltf Re: [27-1] Magistrate appeal; Exhibits A to L (pta) (Entered: 10/07/1998)
26 COURT NOTICE Placing MOTION by Equal Employment Commission Appeal of Mag/Judge Hurd's Decisions filed 9-22-98 before Chief Judge McAvoy , Hearing set for 10:00 a.m. on 11/9/98 , Response Deadline 10/26/98 , Reply to Response Deadline 11/2/98 (pta) (Entered: 10/07/1998)
30 LETTER of Brian D. Edwards dated 10/14/98 on behalf of Allied Systems, Inc. pursuant to Local Rule 7.1(b) regarding Motion: Summary Judgment served. (fce) (Entered: 10/15/1998)
31 Letter application received from Equal Employment Com requesting: to Suspend Scheduled Motion for Summary Judgment to be heard 11-09-98 MC [forward to Chambers] (pta) (Entered: 10/22/1998)
32 Letter from EEOC trial atty. Michael B. Ranis to Judge Hurd dated 10/14/98 re: responding to Allied's letter of 9/28/98 regarding discovery. (fce) (Entered: 10/23/1998)
33 RESPONSE AFFIDAVIT by Brian Edwards for Allied Systems, Inc. Re: in opposition to [26-1] motion Appeal of Mag/Judge Hurd's Decisions filed 9-22-98 before Chief Judge McAvoy (fce) (Entered: 10/26/1998)
34 MEMORANDUM OF LAW Order by Allied Systems, Inc. in opposition to [26-1] motion Appeal of Mag/Judge Hurd's Decisions filed 9-22-98 before Chief Judge McAvoy (fce) (Entered: 10/26/1998)

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10/26/1998 10/29/1998 10/30/1998 10/30/1998 11/02/1998 11/04/1998 11/09/1998 11/13/1998
11/17/1998 12/07/1998 12/07/1998 12/17/1998 12/17/1998 12/17/1998 12/17/1998 12/17/1998

35 ORDER; granting [31-1] EEOC'S application to suspend scheduled Summary Judgment for 11-09-98 Motion Calendar ( signed by Chief Judge Thomas J. McAvoy ) (pta) (Entered: 10/26/1998)
36 MEMORANDUM by Allied Systems, Inc. in opposition to [31-1] application to suspend summary judgment schedule (fce) (Entered: 10/29/1998)
37 SUPPLEMENTAL AFFIDAVIT by Michael B. Ranis for Equal Employment Com Re: in support of[26-1] motion Appeal of Mag/Judge Hurd's Decisions filed 9-22-98 before Chief Judge McAvoy (fce) (Entered: 10/30/1998)
38 ORDER, that plaintiff comply with defendants discovery demands fro 4/1/88 to present ( signed by Magistrate Judge David N. Hurd ) (fce) (Entered: 10/30/1998)
39 COURT NOTICE of Pending Motions scheduled for 11-09-98 Motion Calendar will be taken on SUBMIT (pta) (Entered: 11/03/1998)
40 ORDER denying Pltf's [26-1] Appeal of Mag/Judge Hurd's Decisions filed 9-22-98 (signed by Chief Judge Thomas J. McAvoy on 11/4/98) [served] (amt) (Entered: 11/06/1998)
Motion hearing re: [26-1] motion Appeal of Mag/Judge Hurd's Decisions filed 9-22-98 (cml) (Entered: 11/13/1998)
41 Minute entry: MOTION CALENDAR HELD 11/09/98 bef Chief Judge McAvoy in Albany, NY: APP: None; CR: T. Berical; LC/AR. Pltf's [27-1] Magistrate appeal of MJ Hurd's decision - TAKEN ON SUBMIT [addressed by TJM [40-1] order] (cml) (Entered: 11/13/1998)
42 REQUEST and ORDER, reset Dispositive Motion Filing deadline to 12/18/98 ( signed by Magistrate Judge David N. Hurd ) (fce) (Entered: 11/17/1998)
43 ORDER amending Trial Ready date to be 3/8/99 and resetting Jury Trial for 9:30am on 3/9/99 (signed by Chief Judge Thomas J. McAvoy on 12/7/98) [served] (amt) (Entered: 12/07/1998)
44 LETTER of Michael B. Ranis dated 12/3/98 on behalf of Equal Employment Com pursuant to Local Rule 7.1(b) regarding opposition papers to Motion: Summary Judgment served. (fce) (Entered: 12/07/1998)
45 MOTION by Allied Systems, Inc. for Summary Judgment , Hearing set for 10:00 1/11/99 Motion returnable before Judge/Mag. Judge: McAvoy in Albany (fce) (Entered: 12/17/1998)
46 Rule 7.1(f) Statement in Support of [45-1] motion for Summary Judgment filed by Allied Systems, Inc. (fce) (Entered: 12/17/1998)
47 AFFIDAVIT by James Luda for Allied Systems, Inc. Re: in support of [45-1] motion for Summary Judgment (fce) (Entered: 12/17/1998)
48 AFFIDAVIT by Brian Edwards for Allied Systems, Inc. Re: in support of [45-1] motion for Summary Judgment (fce) (Entered: 12/17/1998)
49 MEMORANDUM OF LAW by Allied Systems, Inc. in support of [45-1] motion for Summary Judgment (fce) (Entered: 12/17/1998)

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12/17/1998
12/17/1998 12/17/1998 12/17/1998 12/17/1998 12/17/1998 01/06/1999
02/01/1999 02/08/1999 02/10/1999
02/19/1999
02/19/1999
02/19/1999 03/22/1999 03/22/1999
04/07/1999 04/15/1999

50 RESPONSE AFFIDAVIT by Michael B. Ranis for Equal Employment Com Re: in opposition to [45-1] motion for Summary Judgment (fce) (Entered: 12/17/1998)
51 RESPONSE AFFIDAVIT by Joseph Eissing for Equal Employment Com Re: in opposition to [45-1] motion for Summary Judgment (fce) (Entered: 12/17/1998)
52 Rule 7.1(f) Statement in Opposition to [45-1] motion for Summary Judgment filed by Equal Employment Com (fce) (Entered: 12/17/1998)
53 MEMORANDUM OF LAW by Equal Employment Com in opposition to [45-1] motion for Summary Judgment (fce) (Entered: 12/17/1998)
54 REPLY AFFIDAVIT by Brian edwards for Allied Systems, Inc. Re: in support of [45-1] motion for Summary Judgment (fce) (Entered: 12/17/1998)
55 REPLY MEMORANDUM by Allied Systems, Inc. to response to [45-1] motion for Summary Judgment (fce) (Entered: 12/17/1998)
56 Scheduling Notice: Deft [45-1] motion for Summary Judgment ADJOURNED from 1/11/99 to 2/8/99, 10:00 a.m. in Albany [all counsel were notified by phone on 1/6/99] [served] (plp) (Entered: 01/06/1999)
57 COURT NOTICE of 2-08-99 Motion Calendar pending motions [45-1] will be taken on SUBMIT (pta) (Entered: 02/01/1999)
Motion hearing re: Deft's [45-1] motion for Summary Judgment held (cml) (Entered: 02/10/1999)
58 Minute entry: MOTION CALENDAR HELD 2/08/99 bef Chief Judge McAvoy in Albany, NY: APP: None; CR: B. Buckley; LC/SE. Deft's [45-1] motion for Summary Judgment - TAKEN ON SUBMIT. (cml) (Entered: 02/10/1999)
59 MEMORANDUM-DECISION-ORDER; that Allied's [45-1] motion for Summary Judgment is GRANTED and the Complaint against it is dismissed in its entirety. The Clerk is directed to close the file. (dd 2-18-99 signed by Chief Judge Thomas J. McAvoy ) (pta) (Entered: 02/19/1999)
60 JUDGMENT dismissing the complaint in its entirety for Allied Systems, Inc. against Equal Employment Com Date Served: 2/19/99 (pta) (Entered: 02/19/1999)
Case closed , Office 1 (pta) (Entered: 02/19/1999)
63 DEFT ALLIED Proposed Bill of costs [placed on 6-14-99 Motion Calendar per Chambers] (pta) (Entered: 04/30/1999)
64 MEMORANDUM by Allied Systems, Inc. in support of [63-1] Proposed Bill of Costs returnable 6-14-99 before Chief Judge Thomas J. McAvoy (pta) (Entered: 04/30/1999)
61 RESPONSE by Equal Employment Com in opposition to deft.'s bill of costs (fce) (Entered: 04/07/1999)
62 NOTICE OF APPEAL by Equal Employment Com . Appeal record due on 5/15/99. FEE WAIVED (fce) (Entered: 04/16/1999)

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04/28/1999 04/30/1999
05/03/1999 05/03/1999 06/03/1999 06/08/1999 06/09/1999
06/14/1999 06/16/1999
06/21/1999 08/23/1999 08/23/1999

Notice of appeal and certified copy of docket to USCA re: [62-1] appeal by Equal Employment Com (parties noticed). (pta) (Entered: 04/28/1999)
65 COURT NOTICE Placing Deft Allied Systems, Inc. for Bill of Costs , Hearing set by the Court for 10:00 a.m. on 6/14/99 , Response Deadline 5/31/99 , Reply to Response Deadline 6/7/99 referring to Doc. #63 - ON SUBMIT BASIS (pta) (Entered: 04/30/1999)
66 Bill of costs [placed on Chief Judge Thomas J. McAvoy's 6-14-99 Motion Calendar] (pta) (Entered: 05/13/1999)
67 MEMORANDUM by Allied Systems, Inc. in support of [66-1] Bill of Costs against Pltf (pta) (Entered: 05/13/1999)
68 Court of Appeals Scheduling Order, re: [62-1] appeal by Equal Employment Com ; Appeal record due on 6/16/99 (fce) (Entered: 06/03/1999)
Certified and transmitted Index to the record on appeal to U.S. Court of Appeals: [62-1] appeal by Equal Employment Com (pta) (Entered: 06/08/1999)
69 MEMORANDUM-DECISION-ORDER; granting [65-1] Bill of Costs in the amount of $3,345.35; denying Pltfs request for a stay. Defts motion is denied in all other respects (dd 6-09-99 signed by Chief Judge Thomas J. McAvoy ) Date Entered: 6/9/99 (pta) (Entered: 06/09/1999)
Motion hearing re: Deft's [65-1] amended motion for Bill of Costs held (cml) (Entered: 06/15/1999)
70 Minute entry: MOTION CALENDAR HELD 6/14/99 bef Chief Judge McAvoy in Albany, NY: APP: None; CR: T. Berical; LC/SE. Defts' [65-1] amended motion for Bill of Costs - TAKEN ON SUBMIT [addressed by TJM [69-1] Order] (cml) (Entered: 06/21/1999)
71 CCA NOTICE of Receipt of Index to ROA #99-6105 received 6-15-99 (pta) (Entered: 06/21/1999)
USCA Case Number Re: [62-1] appeal by Equal Employment Com USCA NUMBER: 99-6105 (fce) (Entered: 08/24/1999)
72 JUDGMENT OF USCA (certified copy) Re: [62-1] appeal by Equal Employment Com; Pursuant to FRAP 42(b), the parties to this appeal, having entered into an agreement to settle it, hereby agree that the appeal should be dismissed, with each party to pay its own costs on appeal (fce) (Entered: 08/24/1999)

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0.40

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5/30/2007 8:56 AM