Case: EEOC v. North Oakland Medical Center

4:05-cv-40272 | U.S. District Court for the Eastern District of Michigan

Filed Date: Aug. 26, 2005

Closed Date: 2008

Clearinghouse coding complete

Case Summary

On August 26, 2005, the Detroit office of the Equal Employment Opportunity Commission filed a lawsuit under the Americans With Disabilities Act against North Oakland Medical Center. The EEOC alleged that the defendants had violated the complainant's rights by refusing to allow her to return to work after she took medical disability leave.On June 22, 2007, the employee's union joined the case as an intervening plaintiff, but subsequently stipulated their dismissal from the case on November 19, …
On August 26, 2005, the Detroit office of the Equal Employment Opportunity Commission filed a lawsuit under the Americans With Disabilities Act against North Oakland Medical Center. The EEOC alleged that the defendants had violated the complainant's rights by refusing to allow her to return to work after she took medical disability leave.On June 22, 2007, the employee's union joined the case as an intervening plaintiff, but subsequently stipulated their dismissal from the case on November 19, 2007, right before the entry of the consent decree. On December 11, 2007, the parties entered into a consent decree. Under the consent decree, the defendants agreed to pay the complainant $50,000 in unspecified damages, to reinstate her in her former position, and to restore her to the level of seniority that she would have had if her employment had not been interrupted. They agreed to post notice of the employment laws in a conspicuous place at the workplace.The defendants agreed to provide ADA training to all of their employees. The defendants agreed to notify the EEOC of the dates when the employee ADA training takes place, including a schedule of what took place and a roster of all employees who attended the training.The decree was entered in 2007 and scheduled to last 2008. No further docket entries exist, so the case is closed.

Summary Authors

Justin Kanter (4/9/2008)

Clearinghouse (12/22/2018)

Documents in the Clearinghouse

Documents in this case

4:05-cv-40272

Docket [PACER]

Dec. 17, 2007

Dec. 17, 2007

Docket
1

4:05-cv-40272

Complaint

Aug. 26, 2005

Aug. 26, 2005

Complaint
39

4:05-cv-40272

Consent Decree

Dec. 17, 2007

Dec. 17, 2007

Settlement Agreement

Resources

Docket

Last updated March 27, 2025, 8:17 a.m.

ECF Number Date Description Link
1 Aug. 26, 2005

COMPLAINT filed by Equal Employment Opportunity Commission against North Oakland Medical Center.(THal, ) (Entered: 08/26/2005)

PACER
2 Sept. 13, 2005

ATTORNEY APPEARANCE: Holly C. Beatty appearing on behalf of North Oakland Medical Center.(Beatty, Holly) (Entered: 09/13/2005)

PACER
3 Sept. 29, 2005

ANSWER to Complaint with Affirmative Defenses by North Oakland Medical Center. (Attachments: # 1 certificate of service)(Beatty, Holly) (Entered: 09/29/2005)

PACER
4 Sept. 29, 2005

NOTICE TO APPEAR: Scheduling Conference set for 10/31/2005 02:00 PM before Honorable Paul V Gadola. (RCho, ) (Entered: 09/29/2005)

PACER
5 Oct. 3, 2005

NOTICE of Appearance by Omar Weaver on behalf of Equal Employment Opportunity Commission. (Weaver, Omar) (Entered: 10/03/2005)

PACER
6 Oct. 11, 2005

STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by North Oakland Medical Center.(Pummell, Carly) (Entered: 10/11/2005)

PACER
7 Oct. 14, 2005

DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f). (Attachments: # 1 Certificate of Service)(Pummell, Carly) (Entered: 10/14/2005)

PACER
8 Oct. 17, 2005

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)

PACER
9 Nov. 15, 2005

STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by North Oakland Medical Center.(Pummell, Carly) (Entered: 11/15/2005)

PACER
10 Dec. 29, 2005

NOTICE of Change of Attorney Information by North Oakland Medical Center. (Van Thomme, Carly) (Entered: 12/29/2005)

PACER
11 Jan. 24, 2006

STIPULATED PROTECTIVE ORDER. Signed by Honorable Paul V Gadola. (RCho, ) (Entered: 01/24/2006)

PACER
13 April 27, 2006

Defendant North Oakland Medical Centers' Proposed WITNESS LIST by North Oakland Medical Center (Van Thomme, Carly) (Entered: 04/27/2006)

PACER
14 April 28, 2006

Plaintiff's WITNESS LIST by Equal Employment Opportunity Commission (Weaver, Omar) (Entered: 04/28/2006)

PACER
15 May 26, 2006

NOTICE of Withdrawal of Attorney Robert K. Dawkins by Equal Employment Opportunity Commission. (Dawkins, Robert) (Entered: 05/26/2006)

PACER
16 June 7, 2006

NOTICE by Equal Employment Opportunity Commission Notice of Withdrawl of Counsel (Rapport, Adele) (Entered: 06/07/2006)

PACER
17 June 19, 2006

STIPULATION AND ORDER CLARIFYING DEADLINE FOR DISCLOSURES OF EXPERT TESTIMONY. Signed by Honorable Paul V Gadola. (RBri, ) (Entered: 06/20/2006)

PACER
18 June 21, 2006

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)

PACER
19 June 21, 2006

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)

PACER
20 June 21, 2006

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)

PACER
21 July 5, 2006

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)

PACER
22 July 6, 2006

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)

PACER
23 July 7, 2006

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 - 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)

PACER
24 July 14, 2006

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)

PACER
July 19, 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)

PACER
25 July 28, 2006

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)

PACER
26 Aug. 1, 2006

ORDER denying 18 Motion for Order- Signed by Honorable Donald A Scheer. (MLan, ) (Entered: 08/01/2006)

PACER
27 March 15, 2007

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)

PACER
28 May 14, 2007

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)

PACER
29 May 15, 2007

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)

PACER
30 May 16, 2007

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)

PACER
31 June 6, 2007

[FILING ERROR: EXHIBIT LABELING ERROR] MOTION for Order Joining AFSCME as a Rule 19(a) Party by Equal Employment Opportunity Commission. (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)

PACER
32 June 22, 2007

ORDER granting 31 Motion to Join Union as Party. Signed by Honorable Paul V Gadola. (RBri) (Entered: 06/22/2007)

PACER
June 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)

PACER
33 June 25, 2007

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)

PACER
34 June 25, 2007

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)

PACER
35 July 31, 2007

NOTICE TO APPEAR: Final Pretrial Conference set for 8/16/2007 01:30 PM before Honorable Paul V Gadola (RBri) (Entered: 07/31/2007)

PACER
36 Oct. 11, 2007

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)

PACER
Oct. 23, 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)

PACER
37 Nov. 19, 2007

STIPULATION AND ORDER TO DISMISS THE UNION. AFSCME terminated. Signed by Honorable Paul V Gadola. (RBri) (Entered: 11/19/2007)

PACER
38 Dec. 11, 2007

CONSENT DECREE by Equal Employment Opportunity Commission (Weaver, Omar) (Entered: 12/11/2007)

PACER
39 Dec. 17, 2007

CONSENT DECREE. Signed by Honorable Paul V Gadola. (RBri) (Entered: 12/17/2007)

PACER

Case Details

State / Territory:

Michigan

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 26, 2005

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Private Entity/Person

North Oakland Medical Center

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Other Dockets:

Eastern District of Michigan 4:05-cv-40272

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Discrimination Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reinstatement (job, contract, grant, etc.)

Reporting

Retaliation Prohibition

Retroactive Seniority

Amount Defendant Pays: 50000

Order Duration: 2007 - 2008

Issues

Discrimination Area:

Conditions of Employment (including assignment, transfer, hours, working conditions, etc.)

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Discrimination Basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits

Recommended Citation