Case: EEOC v. Sundance Rehabilitation Corporation

1:01-cv-01867 | U.S. District Court for the Northern District of Ohio

Filed Date: Aug. 1, 2001

Closed Date: Oct. 26, 2006

Clearinghouse coding complete

Case Summary

In August 2001, the Cleveland District Office filed this lawsuit against Sundance Rehabilitation Corporation in the U.S. District Court for the Northern District of Ohio alleging violation of the Age Discrimination in Employment Act, Title I of the Americans with Disabilities Act of 1990, the Equal Pay Act of 1963, and Title VII of the Civil Rights Act of 1964. The complaint specifically alleged that the defendant required terminated employees to sign a waiver of claims against the defendant, …

In August 2001, the Cleveland District Office filed this lawsuit against Sundance Rehabilitation Corporation in the U.S. District Court for the Northern District of Ohio alleging violation of the Age Discrimination in Employment Act, Title I of the Americans with Disabilities Act of 1990, the Equal Pay Act of 1963, and Title VII of the Civil Rights Act of 1964. The complaint specifically alleged that the defendant required terminated employees to sign a waiver of claims against the defendant, including EEO violations, in order to receive severance pay. Following discovery and motions for summary judgment for both parties, the District Court granted summary judgment to the EEOC in July 2004. The defendant appealed the decision to the U.S. Court of Appeals for the Sixth Circuit in September 2004. The Court of Appeals reversed the District Court's judgment in October 2006. The U.S. Supreme Court granted an extension of time to file a petition for a writ of certiorari in June 2007. However, the docket does not indicate that this option was exercised.

Summary Authors

David Friedman (5/12/2008)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/11794769/parties/equal-employment-opportunity-commission-v-sundance-rehabilitation/


Judge(s)

Wells, Lesley Brooks (Ohio)

Attorney for Plaintiff

Vail, Daniel Travis (Ohio)

Attorney for Defendant

Green, Thomas Evan (Ohio)

Westman, Dean E. (Ohio)

Expert/Monitor/Master/Other

Reesman, Ann Elizabeth (Ohio)

Documents in the Clearinghouse

Documents in this case

1:01-cv-01867

Docket (PACER)

June 14, 2007

June 14, 2007

Docket
1

1:01-cv-01867

Complaint

Aug. 1, 2001

Aug. 1, 2001

Complaint
43

1:01-cv-01867

Memorandum of Opinion And Order Granting Plaintiff's Motion For Summary Judgment And Denying Defendant's Motion For SummaryJudgment

Equal Employment Opportunity Commission v. Sundance Rehabilitation Corporation

July 26, 2004

July 26, 2004

Order/Opinion

328 F.Supp.2d 826

44

1:01-cv-01867

Judgment Entry

July 26, 2004

July 26, 2004

Order/Opinion

EEOC v. Sundance Rehab. Corp. [Selection From EEOC's Office of General Counsel FY 2004 Annual Report]

EEOC v. Sundance Rehab. Corp.

No Court

Jan. 1, 2006

Jan. 1, 2006

Press Release

04-04178

Opinion

U.S. Court of Appeals for the Sixth Circuit

Oct. 24, 2006

Oct. 24, 2006

Order/Opinion

466 F.3d 490

04-04178

Mandate [From Court of Appeals]

Equal Employment Opportunity Commission v. Sundance Rehabilitation Corporation

U.S. Court of Appeals for the Sixth Circuit

March 23, 2007

March 23, 2007

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/11794769/equal-employment-opportunity-commission-v-sundance-rehabilitation/

Last updated April 9, 2025, 10:14 a.m.

ECF Number Date Description Link
1 Aug. 1, 2001

Complaint (0 summons and Magistrate Consent Forms issued) against Sundance Rehabilitation Corporation. Filed by Equal Employment Opportunity Commission. Filing fee waived. (Attachments: # 1 Civil Cover Sheet)(B, BA) (Entered: 08/02/2001)

Clearinghouse
2 Aug. 1, 2001

Random Assignment of Magistrate Judge Streepy (B, BA) (Entered: 08/02/2001)

PACER
3 Aug. 1, 2001

Case Information Statement (Standard Track) filed by Equal Employment Opportunity Commission. (B, BA) (Entered: 08/02/2001)

PACER
4 Aug. 1, 2001

Notice of Placement of case in the CM/ECF Docketing System (B, BA) (Entered: 08/02/2001)

PACER
5 Aug. 29, 2001

Praecipe for other; 1st attempt of summons unsuccessful (issued 8/29/01) filed by Equal Employment Opportunity Commission. (C, K A) (Entered: 08/29/2001)

PACER
6 Aug. 30, 2001

Waiver of Summons Returned upon Sundance Rehabilitation Corporation on 8/1/01 filed by Equal Employment Opportunity Commission. (C, K A) (Entered: 08/31/2001)

PACER
7 Oct. 1, 2001

Answer to Complaint (Related Doc # 1 ) filed by Sundance Rehabilitation Corporation. (C, K A) (Entered: 10/02/2001)

PACER
8 Oct. 1, 2001

Corporate Disclosure Statement filed by Sundance Rehabilitation Corporation. (C, K A) (Entered: 10/02/2001)

PACER
9 Dec. 18, 2001

Case Management Conference Scheduling Order. Case management conference to be held on 3/14/2002 at 09:30 AM at Chambers 338. (Judge Lesley Wells)(C, L) (Entered: 12/18/2001)

PACER
10 Feb. 21, 2002

Motion for order Excusing Defendant from Case Management Conference filed by all defendants. (Westman, Dean) (Entered: 02/21/2002)

PACER
11 Feb. 28, 2002

Report of Parties Planning Meeting filed by Equal Employment Opportunity Commission. (Stern, Jeffrey) (Entered: 02/28/2002)

PACER
12 March 7, 2002

Notice of Service of initial disclosures filed by Sundance Rehabilitation Corporation. (Westman, Dean) Modified text 3/8/2002 (C, K A). (Entered: 03/07/2002)

PACER
13 March 7, 2002

Notice of Service of EEOC's Initial Disclosure filed by Equal Employment Opportunity Commission. (Stern, Jeffrey) (Entered: 03/07/2002)

PACER
14 March 14, 2002

Case Management Conference Plan/Order. Track Designated: Standard. Discovery due by 9/16/2002, Parties to be Joined and Pleading Amendments due by 6/13/2002, Dispositive Motions due by 11/15/2002, with status hearing to be held on 7/16/2002 at 03:00 PM at Chambers 338 with Final Pre-Trial Conference to be held on 6/2/2003, Jury Trial set for 7/7/2003 at 9:00 AM. (Judge Lesley Wells)(C, L) (Entered: 03/14/2002)

PACER
15 March 14, 2002

Order Designating Case for Electronic Filing. (Judge Lesley Wells)(C, L) (Entered: 03/14/2002)

PACER
16 March 15, 2002

Civil Bench Trial Order. Final Pre-Trial Conference set for 6/2/2003 at 04:00 PM at Chambers 338, Bench Trial set for 7/7/2003 at 9:00 AM. (Judge Lesley Wells)(C, L) Additional attachment(s) added on 3/15/2002 (C, L). (Entered: 03/15/2002)

PACER
17 March 15, 2002

Order Establishing Trial Docket. (Judge Lesley Wells)(C, L) (Entered: 03/15/2002)

PACER
18 May 28, 2002

Notice of Service of discovery on 5/28/02 filed by Sundance Rehabilitation Corporation. (Westman, Dean) Modified text 5/29/2002 (C, K A). (Entered: 05/28/2002)

PACER
19 July 17, 2002

Minutes of proceedings before Judge Wells held on 7/16/02. Parties are engaging in paper discovery; defendant anticipates filing a motion for summary judgment on lega issues within 30 days; plaintiff's counsel anticipates needing a medical leave. A telephonic status hearing to be held on 7/18/2002 at 03:00 PM to discuss any scheduling changes, and the Court will initiate the call. (Janet Alter) (H, D) (Entered: 07/18/2002)

PACER
20 July 19, 2002

Minutes of proceedings of telephone status conference before Judge Wells held on 7/18/02. Parties are to file a joint motion to stay proceedings for approximately 120 days to accommodate plaintiff's counsel medical leave. (Janet Alter) (H, D) (Entered: 07/19/2002)

PACER
21 July 31, 2002

Unopposed Motion to stay filed by Equal Employment Opportunity Commission. (Attachments: # 1 Declaration in Support)(Related document(s) 20 ) (Stern, Jeffrey) (Entered: 07/31/2002)

PACER
22 Aug. 5, 2002

Marginal Entry Order signed on 8/5/2002 Granting Motion by plaintiff to stay proceedings (Related Doc # 21 ). Stay granted until 11/20/02; discovery cutoff is 2/14/03; dispositive motion deadline is 3/14/03, no further extensions will be granted. (C, K A) (Entered: 08/06/2002)

PACER
23 Aug. 8, 2002

Notice of Service of discovery filed by all defendants. (Westman, Dean) Modified text 8/9/2002 (C, K A). (Entered: 08/08/2002)

PACER
24 Nov. 22, 2002

Motion for summary judgment filed by Sundance Rehabilitation Corporation. (Attachments: # 1 # 2)(Westman, Dean) (Entered: 11/22/2002)

PACER
25 Dec. 20, 2002

Opposition (Related Motion(s) 24 ) to Defendant's Motion for Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 Declaration of Elizabeth Salsbury# 2 Declaration of Susan L. Smith)(Stern, Jeffrey) (Entered: 12/20/2002)

PACER
26 Dec. 20, 2002

Appendix to Memorandum in Opposition to Defendant's Motion for Summary Judgment filed by Equal Employment Opportunity Commission. (Related document(s) 25 ) (Stern, Jeffrey) (Entered: 12/20/2002)

PACER
27 Dec. 27, 2002

Motion for extension of time until 1/09/03 to file reply brief in support of motion for summary judgment filed by Sundance Rehabilitation Corporation. (Westman, Dean) Modified text on 12/30/2002 (C, B). (Entered: 12/27/2002)

PACER
Dec. 27, 2002

Marginal Order (Non Document) Granting Motion for extension of time until 9 January 2003. (Judge Lesley Wells) (Related Doc # 27 ) (C, L) (Entered: 12/27/2002)

PACER
28 Jan. 9, 2003

Reply brief in support of motion for summary judgment (Related Motion(s) 24 ) filed by Sundance Rehabilitation Corporation. (Westman, Dean) Modified text 1/10/2003 (C, K A). (Entered: 01/09/2003)

PACER
29 Jan. 10, 2003

Notice of Service filed by Sundance Rehabilitation Corporation. (Westman, Dean) (Entered: 01/10/2003)

PACER
30 Jan. 10, 2003

Motion for leave to file Surreply Memorandum Instanter in Opposition to Defendant's Motion for Summary Judgment filed by Equal Employment Opportunity Commission. (Related motion 24 ) (Stern, Jeffrey) Modified text 1/13/2003 (C, K A). (Entered: 01/10/2003)

PACER
31 Jan. 13, 2003

Notice of Service of discovery on 1/13/03 filed by Sundance Rehabilitation Corporation. (Westman, Dean) Modified text 1/14/2003 (C, K A). (Entered: 01/13/2003)

PACER
32 Jan. 17, 2003

Notice of Service filed by Sundance Rehabilitation Corporation. (Westman, Dean) (Entered: 01/17/2003)

PACER
Jan. 31, 2003

Marginal Order (Non Document) Granting Motion for leave to file instanter. (Judge Lesley Wells) (Related Doc # 30 )(C, L) (Entered: 01/31/2003)

PACER
33 March 14, 2003

Cross Motion for summary judgment filed by Equal Employment Opportunity Commission. (Related document(s) 25 ) (Stern, Jeffrey) (Entered: 03/14/2003)

PACER
34 April 14, 2003

Opposition (Related Motion(s) 33 ) to Plaintiff's Cross Motion for Summary Judgment filed by Sundance Rehabilitation Corporation. (Westman, Dean) Modified on 4/14/2003: Incomplete filing - Document to be Refiled (M, J A). Modified text 4/15/2003 (C, K A). (Entered: 04/14/2003)

PACER
36 April 29, 2003

Order continuing final pretrial and trial dates. Once the Court has considered and ruled on the motions for summary judgment, new deadlines and dates will be established. Judge Lesley Wells. (Related document(s) 24 , 16 , 25 , 33 , 35 ) (H, D) (Entered: 04/30/2003)

PACER
37 May 5, 2003

Reply (Related Motion(s) 33 ) Memorandum in Support of Cross Motion for Summary Judgment filed by Equal Employment Opportunity Commission. (Stern, Jeffrey) (Entered: 05/05/2003)

PACER
38 May 7, 2003

Order referring case to Magistrate Judge Jack B. Streepy for a report and recommendation. (Judge Lesley Wells)(C, L) (Entered: 05/07/2003)

PACER
39 July 31, 2003

Report and Recommendation that the motion of SunDance for summary judgment (doc. 24) be granted, and the motion of the EEOC for summary judgment (doc. 33) be denied. Signed by Judge Jack B. Streepy on 7/31/2003. (S, DJ) (Entered: 07/31/2003)

PACER
40 July 31, 2003

Order terminating case referral and returning case to Judge Wells.. Signed by Judge Jack B. Streepy on 7/31/2003. (S, DJ) (Entered: 07/31/2003)

PACER
41 Aug. 18, 2003

Objection to Report and Recommendation filed by Equal Employment Opportunity Commission. (Attachments: # 1 Declaration of Beverly Anderson) (Related document(s) 39 ) (Stern, Jeffrey) Modified text 8/29/2003 (C, K A). (Entered: 08/18/2003)

PACER
42 Aug. 28, 2003

Opposition to Plaintiff's Objections to Magistrate Judge's Report and Recommendation filed by all defendants. (Related document 39 ) (Westman, Dean) Modified text 8/29/2003 (C, K A). (Entered: 08/28/2003)

PACER
43 July 26, 2004

Memorandum of Opinion and Order denying defendant's motion for summary judgment (Related Doc # 24 ), granting plaintiff's motion for summary judgment (Related Doc # 33 ). SunDance shall pay to the EEOC its costs of bringing this action. Signed by Judge Lesley Wells on 7/26/04 (E, P). Modified text on 9/24/2004 (H, S P). (Entered: 07/26/2004)

Clearinghouse
44 July 26, 2004

Judgment Entry Order that the court contemporaneously entered it memorandum of opinion and order (Related Doc # 44 ) granting plaintiff's motion for summary judgment and denying defendants' motion for summary judgment and Forthwith, shall pay to the EEOC its costs of bringing this action. Signed by Judge Lesley Wells on 7/26/04. (E, P) Modified text to add link on 7/26/2004 (E, P). (Entered: 07/26/2004)

Clearinghouse
45 Sept. 23, 2004

Motion to stay of Proceedings to Enforce Judgment and for Suspension of Injunctive Relief filed by Sundance Rehabilitation Corporation. (Westman, Dean) (Entered: 09/23/2004)

PACER
46 Sept. 23, 2004

NOTICE OF APPEAL to the 6th Circuit Court of Appeals from the 43 Memorandum of Opinion and Order and 44 Judgment Entry of 7/26/04, filed by Sundance Rehabilitation Corporation (Westman, Dean). Filing Fee Paid 10/1/04, see document 47 . Modified text on 9/24/2004 (H, S P). Modified for fee on 10/1/2004 (H, S P). (Entered: 09/23/2004)

PACER
47 Oct. 1, 2004

USCA Appeal Fees of $255.00 received, receipt number #664515 re 46 Notice of Appeal (H, S P) (Entered: 10/01/2004)

PACER
48 Oct. 1, 2004

Acknowledgment from the USCA for Sixth Circuit of receipt of 46 Notice of Appeal (USCA# 04-4178). Date filed in USCA 9/29/04. (H, S P) (Entered: 10/01/2004)

PACER
49 Oct. 12, 2004

Opposition to Motion to stay of Proceedings to Enforce Judgment and for Suspension of Injunctive Relief filed by Equal Employment Opportunity Commission. Related document(s) 45 . (Attachments: # 1)(Stern, Jeffrey) (Entered: 10/12/2004)

PACER
50 Oct. 14, 2004

Transcript Request by Sundance Rehabilitation Corporation re 46 Notice of Appeal. Transcript is unnecessary, there were no hearings. (H, S P) (Entered: 10/14/2004)

PACER
Nov. 2, 2004

Order (Non Document) Denying Motion to stay for lack of good cause shown under Federal Rule Civil Procedure 62 or otherwise, defendant's motion for stay is denied. (Related Doc # 45 )(Judge Lesley Wells)(C, L) (Entered: 11/02/2004)

PACER
51 Oct. 26, 2006

Information Copy of opinion from USCA for the Sixth Circuit: Reversing the judgment of the District Court re 46 Notice of Appeal (USCA# 04-4178). This is not a mandate order. Circuit Judges: Boggs and Batchelder, District Judge: Cohn. Date issued by USCA 10/24/06 (Attachments: # 1 Judgment) (H, S P) (Entered: 10/27/2006)

PACER
52 March 23, 2007

True copy of mandate from the USCA for the Sixth Circuit: Reversing the judgment of the District Court as to 46 Notice of Appeal (USCA# 04-4178). Date issued as mandate 3/21/07, Costs: None (Related document 51 ) (H, SP) (Entered: 03/26/2007)

PACER
53 June 14, 2007

Appeal Remark from US Supreme Court: An extension of time is granted up to and including 7/11/07 to file a petition for a writ certiorari (No. 04-4178) (H, SP) (Entered: 06/15/2007)

PACER

Case Details

State / Territory:

Ohio

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 1, 2001

Closing Date: Oct. 26, 2006

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

Sundance Rehabilitation Corporation

Case Details

Causes of Action:

Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.

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

Equal Pay Act, 29 U.S.C. § 206(d)

Title VII (including PDA), 42 U.S.C. § 2000e

Other Dockets:

Northern District of Ohio 1:01-cv-01867

U.S. Court of Appeals for the Sixth Circuit 04-04178

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Content of Injunction:

Post/Distribute Notice of Rights / EE Law

Retaliation Prohibition

Issues

General/Misc.:

Retaliation

Discrimination Area:

Disparate Treatment

EEOC-centric:

Direct Suit on Merits

Recommended Citation