Case 3:99-cv-00790-RGJ-KLH Document 1 Filed 05/03/1999 Page 1 of 5

RECEIVED
. i C·;. 1999 IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF LOUISIANA MONROE DIVISION

U.s. ()ISTllICT COUllT WESTERN DISTrlICT OF LOUlilJlNA
FILED
MAY 0 3 1999

U.S. EQUAL EMPLOYMENT OPPORTUNITY I

COMMISSION,

Plaintiff,

I

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ev1)I~~

0

7

9

0

M

v.

I I

juDGE JAMES

I COMPLAINT

AMPACE FREIGHTLINES, INC., f/d/b/a

I MAGISTRATE Jl'nGE HAYES

MERCHANTS DUTCH EXPRESS

I JURY TRIAL DEMAND

I

I

Defendant.

I

NATURE OF THE ACTION

This is an action under 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 Leon E. Glosson who was adversely affected by such practices. The Commission alleges that Leon E. Glosson, a qualified individual with a disability, was fired by Ampace Frieghtlines, Inc.( "Defendant"or "Employer"), because it regarded him as having a disability. As alleged with greater particularity in paragraph 8 below, Leon E. Glosson was fired from his position as a truck driver because Defendant believed that he was disabled because of an eye condition.
JURISDICTION AND VENUE 1. Jurisdiction ofthis Court is invoked pursuant to 28 U.S.c. Sec. 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. Sec. 12117(a), which incorporates by reference Sections

Case 3:99-cv-00790-RGJ-KLH Document 1 Filed 05/03/1999 Page 2 of 5
706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964 (Title VII), 42 U.S.c. Sec. 2000e5(f)(1) and (3), and pursuant to Section 102 ofthe Civil Rights Act of 1991,42 U.S.c. Sec. 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 Western District of Louisiana, Monroe Division.
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 ofthe ADA and is expressly authorized to bring this action by Section 107(a) of the ADA, 42 U.S.c. Sec. 12117(a), which incorporates by reference Sections 706(f)(1) and (3) of Title VII, 42 U.S.C. Sec. 2000e-5(f)(l) and (3). 4. At all relevant times, Defendant, Ampace Freightlines, Inc. (the "Employer"), has continuously been a Louisiana corporation doing business in the State of Louisiana and has continuously had at least 15 employees. 5. At all relevant times, Defendant Employer has continuously been an employer engaged in an industry affecting commerce under Section 101(5) of the ADA, 42 U.S.C. Sec. 12111(5), and Section 101(7) ofthe ADA, 42 U.S.c. Sec. 12111(7), which incorporates by reference Sections 701(g) and (h) of Title VII, 42 U.S.C. Secs. 2000e (g) and (h). 6. At all relevant times, Defendant Employer has been a covered entity under Section 101(2) of the ADA, 42 U.S.C. Sec. 12111(2).
2

Case 3:99-cv-00790-RGJ-KLH Document 1 Filed 05/03/1999 Page 3 of 5
STATEMENT OF CLAIMS 7. More than thirty days prior to the institution of this lawsuit, Leon E. Glosson filed a charge with the Commission alleging violations of Title I of the ADA by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled. 8. Since at least June 24, 1996, Defendant Employer has engaged in unlawful employment practices at its Louisiana facilities, in violation of Sections 102(a) and (d)(1), (2)(A) and (3)(B) of Title I of the ADA, 42 U.S.c. Sections 12112(a) and (d)(I), (2)(A) and (3)(B), in that it fired Leon E. Glosson from his job as a truck driver because Defendant Employer regarded him as disabled because of an eye condition referred to as "lazy eye". 9. The effect of the practices complained of in paragraph 8 above has been to deprive Leon E. Glosson of equal employment opportunities and otherwise adversely affect his status as an employee because of his disability. 10. The unlawful employment practices complained of in paragraph 8 above were intentional. 11. The unlawful employment practices complained of in paragraph 8 above were done with malice or reckless indifference to the federally protected rights of Leon E. Glosson.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Employer, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in disability discrimination in its employment practices.
3

Case 3:99-cv-00790-RGJ-KLH Document 1 Filed 05/03/1999 Page 4 of 5
B. Order Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities for qualified individuals with disabilities, and which eradicate the effects of its past and present unlawful employment practices.
C. Order Defendant Employer to make whole Leon E. Glosson, by providing appropriate back pay 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 Leon E. Glosson to the position of truck driver or front pay for an indefinite period of time.
D. Order Defendant Employer to make whole Leon E. Glosson by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 8 above, including, but not limited to, job search expenses, medical insurance premiums and medical expenses, in amounts to be determined at trial.
E. Order Defendant Employer to make whole Leon E. Glosson by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 8 above, including, but not limited to, emotional pain, suffering, inconvenience, loss of enjoyment of life, reduction in his standard of living, and humiliation, in amounts to be determined at trial.
F. Order Defendant Employer to pay Leon E. Glosson punitive damages for its malicious and reckless conduct, as described in paragraph 8 above, in amounts to be determined at trial.
4

Case 3:99-cv-00790-RGJ-KLH Document 1 Filed 05/03/1999 Page 5 of 5

G. Grant such further relief as the Court deems necessary and proper in the public interest.
H. Award the Commission its cost of this action.
JURy TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint.
C. GREGORY STEWART General Counsel No Bar Roll Number Assigned
:f;;frJw '-F ~U
KElT T. HILL Regional Attorney RD. .Bar 1«>11 No. 15200000 ~OJ.D7 J..
~(". 7Z!a7;f;:'
Supervisory Trial Attorney
La. Bar Roll No. ~. qo.x o; ~

PLEASE SERVE:
C~ T. Oorpqration System 8~50 Unlted Vlaza BlVd. Baton Rouge, La., 70809

Trial Attorney La. Bar Roll Number 16784 - ~0 ;{ ~ ~j'1
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION New Orleans District Office 701 Loyola Avenue, Suite 600 New Orleans, Louisiana 70113 Telephone: (504) 589-6950
(504) 589-2Qll Facsimile: (504) 589-2805

5

 
 Case 3:99-cv-00790-RGJ-KLH Document 6 Filed 06/12/2000 Page 1 of 1

FILEr)

USDC, WESTERN DISTIiICT OF LA

a ROBERT H. SHEMWELL, CLERK

UNITED STATES DISTRICT COURT DATE,

I /;.~ ~

WESTERN DISTRICT OF LOUISIANA BY ~

MONROE DIVISION

--

RRO.C. VERSUS AMPACE FREIGHTLINES, INC., ET AL

CIVIL ACTION NO. 3:99CV790 JUDGE JAI\.1ES MAG. JUDGE HAYES

JUDGMENT

In accordance with the court's prior order, Judgment is hereby entered dismissing this matter without costs and without prejudice to the right, upon good cause shown and within 60 days from June 6, 2000, to reopen the action if settlement is not consummated.

ROBERT H. SHEMWELL, CLERK

JUDGI\.1ENT ENTERED: BY: ~
TO: ro//l/oo
keU';}-
l+\l.A

 
 CM/ECF - U.S. District Court:Western District of Louisiana - Docket Report

Page 1 of 2

U.S. District Court Western District of Louisiana (Monroe) CIVIL DOCKET FOR CASE #: 3:99-cv-00790-RGJ-KLH

CLOSED

E E O C v. Ampace Freight Inc, et al Assigned to: Judge Robert G James Referred to: Magistrate Judge Karen L Hayes (DEACTIVATED) Demand: $0 Cause: 42:12181 Americans with Disabilities Act

Date Filed: 05/03/1999 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Pamela Alfred-George E E O C (HOU) 1919 Smith St Ste 700 Houston, TX 77002-8049 US 713-209-3320 Fax: 209-3381 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jeffery T Agular E E O C 701 Loyola Ave Ste 600 New Orleans, LA 70113 504-589-6817

Keith T Hill E E O C (HOU) 1919 Smith St Ste 700 Houston, TX 77002-8049 US 713-209-3320 Fax: 209-3381

V.
Defendant
Ampace Freightlines Inc f/d/b/a Merchants Dutch Express doing business as Merchants Dutch Express

represented by William G Kelly, Jr Davenport Files & Kelly P O Box 4787 Monroe, LA 71211 318-387-6453 LEAD ATTORNEY ATTORNEY TO BE NOTICED

https://ecf.lawd.uscourts.gov/cgi-bin/DktRpt.pl?109392846960442-L_923_0-1

5/14/2007

CM/ECF - U.S. District Court:Western District of Louisiana - Docket Report

Page 2 of 2

Date Filed 05/03/1999 05/03/1999 05/03/1999 10/25/1999 01/18/2000
02/14/2000 06/06/2000 06/12/2000 06/12/2000

#

Docket Text

Amount of fee $0/wv. (Thigpen, M) (Entered: 05/05/1999)

CASE ASSIGNED to Magistrate Judge Karen L Hayes for discovery. (Prest, B) (Entered: 05/12/1999)

1 COMPLAINT filed w/jury demand. (Prest, B) (Entered: 05/12/1999)

2 ANSWER to Complaint by Ampace Freight Inc (former employee) (Entered: 10/26/1999)

3 SCHEDULING ORDER: Jury Trial set for 9:00 7/10/00; Pretrial Conference for 9:00 6/9/00; Joining of parties, amding of pleadings on 2/10/00; Pltf's expert info/rpts due 3/11/00; Discovery due 4/10/00; Dft's expert info/rpts due 4/10/00; Pretrial order to be submitted on or before 12:00 6/5/00; Deadline for filing of all motions 4/10/00; Expert depositions due 4/25/00; Conference to prepare PT order set for 5/10/00; Motions in limine due 5/25/00; Trial depositions due 6/30/00; Trial inst., interr, etc due 6/30/00; Witness list due 2/9/00; deadlines set before Judge Robert G James (signed by Judge Robert G James) NOE by: dd/dmn (former employee) (Entered: 01/19/2000)

4 WITNESS LIST by E E O C (former employee) (Entered: 02/15/2000)

5 60 DAY ORDER of dismissal (signed by Magistrate Judge Karen L Hayes). NOE by: cww (Whidden, C) (Entered: 06/07/2000)

6 JUDGMENT dismissing this matter without costs and without prejudice; see [5-1] order (signed by Chief Deputy Gene R Smith) (Whidden, C) (Entered: 06/13/2000)

Case closed (Whidden, C) (Entered: 09/11/2000)

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https://ecf.lawd.uscourts.gov/cgi-bin/DktRpt.pl?109392846960442-L_923_0-1

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