Case: EEOC v. BURLINGTON NORTHERN & SANTE FE CO.

5:04-cv-00660 | U.S. District Court for the Western District of Oklahoma

Filed Date: May 27, 2004

Closed Date: Jan. 3, 2007

Clearinghouse coding complete

Case Summary

The EEOC's Dallas district office sued Burlington Northern & Santa Fe Railway Company, on May 27, 2004 in the U.S. District Court for the Western District of Oklahoma. The EEOC's complaint alleged that Burlington violated the Americans with Disabilities Act when it discriminated based on disability (physical)by failing to hire a disabled person. Burlington filed a motion for summary judgment on May 2, 2005, which was granted on December 8, 2005. The EEOC appealed on February 13, 2006, but the appellate court affirmed the district court's opinion.

Summary Authors

Aaron Weismann (6/21/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/12185974/parties/equal-employment-opportunity-commission-v-burlington-northern-santa-fe/


Judge(s)
Attorney for Plaintiff

Cole, Holly Waldron (Oklahoma)

Costas, Toby W (Oklahoma)

Attorney for Defendant

Fields, Roberta Browning (Oklahoma)

Fink, Stephen F (Oklahoma)

Franz, Patricia L (Oklahoma)

Documents in the Clearinghouse

Documents in this case

5:04-cv-00660

Docket (PACER)

Equal Employment Opportunity Commission v. Burlington Northern Santa Fe Railway Company

Jan. 3, 2007

Jan. 3, 2007

Docket
1

5:04-cv-00660

Complaint

Equal Employment Opportunity Commission v. Burlington Northern Santa Fe Railway Company

May 27, 2004

May 27, 2004

Complaint
20

5:04-cv-00660

Order

Equal Employment Opportunity Commission v. Burlington Northern Santa Fe Railway Company

Sept. 28, 2004

Sept. 28, 2004

Order/Opinion
44

5:04-cv-00660

Order

Equal Employment Opportunity Commission v. Burlington Northern Santa Fe Railway Company

Dec. 8, 2005

Dec. 8, 2005

Order/Opinion

406 F.Supp.2d 1228

46

5:04-cv-00660

Judgment

Equal Employment Opportunity Commission v. Burlington Northern Santa Fe Railway Company

Dec. 16, 2005

Dec. 16, 2005

Order/Opinion

06-06074

5:04-cv-00660

Order and Judgment

Equal Employment Opportunity Commission v. Burlington Northern Santa Fe Railway Company

U.S. Court of Appeals for the Tenth Circuit

Nov. 29, 2006

Nov. 29, 2006

Order/Opinion

211 Fed.Appx. 682

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/12185974/equal-employment-opportunity-commission-v-burlington-northern-santa-fe/

Last updated March 24, 2026, 5:11 a.m.

ECF Number Date Description Link
2 April 15, 2004

GENERAL ORDER 04-02 (April 15, 2004) Mandatory Electronic Case Filing. Signed by Judge Ralph G. Thompson on 4/15/04. (cjs, ) (Entered: 05/27/2004)

RECAP
1 May 27, 2004

COMPLAINT against Burlington Northern Santa Fe Railway Company, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(cjs, ) Modified on 5/27/2004 (cjs, ). (Entered: 05/27/2004)

1 Civil Cover Sheet

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RECAP
3 June 16, 2004

PRAECIPE for and issued 1 summons by Equal Employment Opportunity Commission. (cjs, ) (Entered: 06/16/2004)

RECAP
4 July 7, 2004

ENTRY of Appearance by Roberta Fields on behalf of Burlington Northern Santa Fe Railway Company (Fields, Roberta) (Entered: 07/07/2004)

RECAP
5 July 7, 2004

MOTION to Dismiss and Brief in Support by Burlington Northern Santa Fe Railway Company. (Attachments: # 1 Exhibit 1 - EEOC charge# 2 Exhibit 2 - EEOC Determination# 3 Exhibit 3 - Proposed Conciliation Agreement# 4 Exhibit 4 - BNSF Position Statement# 5 Exhibit 5 - Response to Supplemental Inquiry)(Fields, Roberta) (Entered: 07/07/2004)

1 Exhibit 1 - EEOC charge

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2 Exhibit 2 - EEOC Determination

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3 Exhibit 3 - Proposed Conciliation Agreement

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4 Exhibit 4 - BNSF Position Statement

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5 Exhibit 5 - Response to Supplemental Inquiry

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RECAP
6 July 7, 2004

MOTION for Limited Admission Pro Hac Vice by Burlington Northern Santa Fe Railway Company. (Attachments: # 1 Exhibit 1 - Pro Hac Vice - Fink# 2 Exhibit 2 - Pro Hac Vice - Neal# 3 Exhibit 3 - Pro Hac Vice - Stroik)(Fields, Roberta) (Entered: 07/07/2004)

1 Exhibit 1 - Pro Hac Vice - Fink

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2 Exhibit 2 - Pro Hac Vice - Neal

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3 Exhibit 3 - Pro Hac Vice - Stroik

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RECAP
7 July 7, 2004

DISCLOSURE STATEMENT by Burlington Northern Santa Fe Railway Company. (Fields, Roberta) (Entered: 07/07/2004)

RECAP
8 July 13, 2004

Receipt for Money Received from Rainey Ross Rice & Binns in the amount of $150.00 receipt number 105420 regarding 6 MOTION for Limited Admission Pro Hac Vice (cjs, ) (Entered: 07/13/2004)

RECAP
9 July 14, 2004

ORDER granting 6 Stephen F Fink, Bryan P Neal and Lawrence M Stroik's Motion for Limited Admission provided cnsl file their respective entries of appearance, consistent with LcvR 83.4 and submit their ECF reg form as req by this Court.. Signed by Judge Ralph G. Thompson on 7/14/04. (cjs, ) (Entered: 07/14/2004)

RECAP
10 July 14, 2004

MOTION for Extension of Time to File Response/Reply as to 5 MOTION to Dismiss and Brief in Support by Equal Employment Opportunity Commission. (Cole, Holly) (Entered: 07/14/2004)

RECAP
11 July 15, 2004

ORDER granting 10 Pla's Motion for Extension of Time to File Response/Reply re 10 MOTION for Extension of Time to File Response/Reply as to 5 MOTION to Dismiss and Brief in Support Responses due by 7/30/2004. Signed by Judge Ralph G. Thompson on 7/15/04. (cjs, ) (Entered: 07/15/2004)

RECAP
12 July 30, 2004

RESPONSE to Motion re 5 MOTION to Dismiss and Brief in Support filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1-Jarrad Letter# 2 Exhibit 2-Courreges June 27# 3 Exhibit 2-Courreges June 27, p.2# 4 Exhibit 3-Sisolak Declaration# 5 Exhibit 4-Courreges May 28)(Cole, Holly) (Entered: 07/30/2004)

1 Exhibit 1-Jarrad Letter

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2 Exhibit 2-Courreges June 27

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3 Exhibit 2-Courreges June 27, p.2

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4 Exhibit 3-Sisolak Declaration

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5 Exhibit 4-Courreges May 28

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RECAP
13 Aug. 2, 2004

ENTRY of Appearance by Stephen F Fink on behalf of Burlington Northern Santa Fe Railway Company (Fink, Stephen) (Entered: 08/02/2004)

RECAP
14 Aug. 2, 2004

ENTRY of Appearance by Bryan P Neal on behalf of Burlington Northern Santa Fe Railway Company (Neal, Bryan) (Entered: 08/02/2004)

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15 Aug. 3, 2004

ENTRY of Appearance by Lawrence M Stroik on behalf of Burlington Northern Santa Fe Railway Company (Stroik, Lawrence) (Entered: 08/03/2004)

RECAP
16 Aug. 9, 2004

UNOPPOSED MOTION for Leave to File Reply by Burlington Northern Santa Fe Railway Company. (Gerrity, Nancy) (Entered: 08/09/2004)

RECAP
17 Aug. 10, 2004

ORDER granting 16 dft's Motion for Leave to File Reply. Dft is granted lv to file a reply brf in support of its mtn to dismiss not to exceed 10 pages w/in 5 days of the date of this order. . Signed by Judge Ralph G. Thompson on 8/10/04. (cjs, ) (Entered: 08/10/2004)

RECAP
18 Aug. 13, 2004

ENTRY of Appearance by Nancy M Gerrity on behalf of Burlington Northern Santa Fe Railway Company (Gerrity, Nancy) (Entered: 08/13/2004)

RECAP
19 Aug. 13, 2004

REPLY to Response to Motion re 5 MOTION to Dismiss and Brief in Support filed by Burlington Northern Santa Fe Railway Company. (Gerrity, Nancy) (Entered: 08/13/2004)

RECAP
20 Sept. 28, 2004

ORDER denying 5 Motion to Dismiss filed by dft. Signed by Judge Ralph G. Thompson on 9/28/04. (cjs, ) (Entered: 09/28/2004)

RECAP
21 Oct. 4, 2004

MOTION to Withdraw as Attorney by Burlington Northern Santa Fe Railway Company. (Gerrity, Nancy) (Entered: 10/04/2004)

RECAP
22 Oct. 5, 2004

ORDER granting 21 Motion to Withdraw as Attorney. Attorney Nancy M Gerrity terminated . Signed by Judge Ralph G. Thompson on 10/5/04. (cjs, ) (Entered: 10/05/2004)

RECAP
23 Oct. 12, 2004

ANSWER to Complaint by Burlington Northern Santa Fe Railway Company.(Fields, Roberta) (Entered: 10/12/2004)

RECAP
24 Oct. 20, 2004

MOTION for Reconsideration of Order Denying Motion to Dismiss by Burlington Northern Santa Fe Railway Company. (Fields, Roberta) (Entered: 10/20/2004)

RECAP
25 Nov. 1, 2004

DOCKET: Scheduling Conference set for 12/2/2004 09:50 AM in Chambers before Honorable Ralph G. Thompson. Status Report due by 11/29/2004. (mb, ) (Entered: 11/01/2004)

RECAP
26 Nov. 5, 2004

RESPONSE in Opposition re 24 MOTION for Reconsideration of Order Denying Motion to Dismiss filed by Equal Employment Opportunity Commission. (Cole, Holly) (Entered: 11/05/2004)

RECAP
27 Nov. 10, 2004

ORDER denying 24 Dft's Motion for Reconsideration . Signed by Judge Ralph G. Thompson on 11/10/04. (cjs, ) (Entered: 11/10/2004)

RECAP
28 Nov. 22, 2004

JOINT DISCOVERY PLAN by Plaintiff Equal Employment Opportunity Commission. (Cole, Holly) (Entered: 11/22/2004)

RECAP
29 Nov. 22, 2004

JOINT STATUS REPORT of the parties by Plaintiff Equal Employment Opportunity Commission. (Cole, Holly) (Entered: 11/22/2004)

RECAP
30 Nov. 30, 2004

ENTRY of Appearance by Patricia L Franz on behalf of Burlington Northern Santa Fe Railway Company (Franz, Patricia) (Entered: 11/30/2004)

RECAP
31 Dec. 2, 2004

ENTRY of Appearance by Holly Waldron Cole on behalf of Equal Employment Opportunity Commission (Cole, Holly) (Entered: 12/02/2004)

RECAP
32 Dec. 2, 2004

MINUTE ORDER. Conference held. Parties are granted 120 days to conduct discovery on the question whether re someone as unable to perform train-service work is re the person as substantially limited in the major life activity of working. Dft to file motion for sumjgm. Pla to respond 30 days thereafter.. Signed by Judge Ralph G. Thompson on 12/2/04. (cjs, ) (Entered: 12/03/2004)

RECAP
33 Feb. 11, 2005

MOTION to Withdraw as Attorney by Equal Employment Opportunity Commission. (Cole, Holly) (Entered: 02/11/2005)

RECAP
34 Feb. 14, 2005

ENTRY of Appearance by Toby W Costas on behalf of Equal Employment Opportunity Commission (Costas, Toby) (Entered: 02/14/2005)

RECAP
35 Feb. 14, 2005

ORDER granting 33 Motion to Withdraw as Attorney. Attorney Holly Waldron Cole terminated . Signed by Judge Ralph G. Thompson on 2/14/05. (cjs, ) (Entered: 02/14/2005)

RECAP
36 May 2, 2005

MOTION for Summary Judgment by Burlington Northern Santa Fe Railway Company. (Attachments: # 1 Affidavit 1-Morgan Affidavit/Declaration# 2 Exhibit 2-Morgan Deposition# 3 Exhibit 3-Morgan Dep.Ex.8C# 4 Exhibit 4-Morgan Dep. Ex. 17)(Fields, Roberta) (Entered: 05/02/2005)

1 Affidavit 1-Morgan Affidavit/Declaration

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2 Exhibit 2-Morgan Deposition

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3 Exhibit 3-Morgan Dep.Ex.8C

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4 Exhibit 4-Morgan Dep. Ex. 17

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RECAP
37 June 1, 2005

RESPONSE to Motion re 36 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 Attachment 1-EEORESPONSEMSJPART2# 2 Attachment 2-EEOCRESPONSEMSJPART3# 3 Exhibit 4-EXHIBITPART1DEPOTERRYMORTAN# 4 Exhibit 5-EXHIBIT1PART2DEPOTERRYMORGAN# 5 Exhibit 6-EXHIBIT1PART3DEPOTERRYMORGAN# 6 Exhibit 7-EXHIBIT1PART4DEPOTERRYMORGAN# 7 Exhibit 8-EXHIBIT1PART5DEPOTERRYMORGAN# 8 Exhibit 9-EXHIBIT2EMPLOYMENTOPPORTUNITIESFORTRAINSERVICE# 9 Exhibit 10-EXHIBIT3DECLARATIONOFMARIABUCKLES51505# 10 Exhibit 11-EXHIBIT4JARRARDLTR# 11 Exhibit 12-EXHIBIT5EXEMPLARFAX# 12 Exhibit 13-EXHIBIT6DEFTSASWRINTERROG# 13 Exhibit 14-EXHIBIT7DECLARTOMFREEMAN# 14 Exhibit 15-EXHIBIT8BNSFLTR62703# 15 Exhibit 16-EXHIBIT9MEDICALRELEASES# 16 Exhibit 17-EXHIBIT10BUCKLESDECLARATION32505# 17 Exhibit 18-EXHIBIT11DECLARATIONOFLONG# 18 Exhibit 19-EXHIBIT14BNSFLTR52803# 19 Exhibit 20-EXHIBIT15EMPOWERMENTPOLICY# 20 Attachment 21-EEOCDECLARATIONPEGGYKIRKWOOD)(Costas, Toby) (Entered: 06/01/2005)

1 Attachment 1-EEORESPONSEMSJPART2

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2 Attachment 2-EEOCRESPONSEMSJPART3

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3 Exhibit 4-EXHIBITPART1DEPOTERRYMORTAN

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4 Exhibit 5-EXHIBIT1PART2DEPOTERRYMORGAN

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5 Exhibit 6-EXHIBIT1PART3DEPOTERRYMORGAN

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6 Exhibit 7-EXHIBIT1PART4DEPOTERRYMORGAN

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7 Exhibit 8-EXHIBIT1PART5DEPOTERRYMORGAN

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8 Exhibit 9-EXHIBIT2EMPLOYMENTOPPORTUNITIESFORTRAINSERVICE

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9 Exhibit 10-EXHIBIT3DECLARATIONOFMARIABUCKLES51505

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10 Exhibit 11-EXHIBIT4JARRARDLTR

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11 Exhibit 12-EXHIBIT5EXEMPLARFAX

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12 Exhibit 13-EXHIBIT6DEFTSASWRINTERROG

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13 Exhibit 14-EXHIBIT7DECLARTOMFREEMAN

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14 Exhibit 15-EXHIBIT8BNSFLTR62703

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15 Exhibit 16-EXHIBIT9MEDICALRELEASES

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16 Exhibit 17-EXHIBIT10BUCKLESDECLARATION32505

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17 Exhibit 18-EXHIBIT11DECLARATIONOFLONG

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18 Exhibit 19-EXHIBIT14BNSFLTR52803

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19 Exhibit 20-EXHIBIT15EMPOWERMENTPOLICY

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20 Attachment 21-EEOCDECLARATIONPEGGYKIRKWOOD

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RECAP
38 June 2, 2005

MOTION for Order To File Exhibits #12 & #13 to Response to Summary Judgment Out of Time by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 3-EXHIBIT12PART2A2EXPERTREPORT# 2 Exhibit 4-EXHIBIT12PART2BEXPERTREPORT# 3 Exhibit 1-EXHIBIT12PART1EXPERTREPORT# 4 Exhibit 5-EXHIBIT12PART3EXPERTREPORT# 5 Exhibit 6-EXHIBIT13PART1JOBROSTER# 6 Exhibit 7-EXHIBIT13PART2JOBROSTER# 7 Exhibit 8-EXHIBIT13PART3JOBROSTER# 8 Exhibit 9-EXHIBIT13PART4JOBROSTER# 9 Exhibit 10-EXHIBIT13PART4AJOBROSTER# 10 Exhibit 11-EXHIBIT13PART5JOBROSTER# 11 Exhibit 12-EXHIBIT13PART6JOBROSTER# 12 Exhibit 2-EXHIBIT12PART2A1EXPERTREPORT)(Costas, Toby) (Entered: 06/02/2005)

1 Exhibit 3-EXHIBIT12PART2A2EXPERTREPORT

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2 Exhibit 4-EXHIBIT12PART2BEXPERTREPORT

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3 Exhibit 1-EXHIBIT12PART1EXPERTREPORT

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4 Exhibit 5-EXHIBIT12PART3EXPERTREPORT

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5 Exhibit 6-EXHIBIT13PART1JOBROSTER

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6 Exhibit 7-EXHIBIT13PART2JOBROSTER

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7 Exhibit 8-EXHIBIT13PART3JOBROSTER

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8 Exhibit 9-EXHIBIT13PART4JOBROSTER

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9 Exhibit 10-EXHIBIT13PART4AJOBROSTER

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10 Exhibit 11-EXHIBIT13PART5JOBROSTER

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11 Exhibit 12-EXHIBIT13PART6JOBROSTER

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12 Exhibit 2-EXHIBIT12PART2A1EXPERTREPORT

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RECAP
39 June 6, 2005

ORDER granting 38 Pla's Motion for Order to file Exh #12 and #13. Signed by Judge Ralph G. Thompson on 6/6/05. (cjs, ) (Entered: 06/06/2005)

RECAP
40 June 15, 2005

MOTION for Leave to File Reply Brief by Burlington Northern Santa Fe Railway Company. (Fields, Roberta) (Entered: 06/15/2005)

RECAP
41 June 16, 2005

RESPONSE to Motion re 40 MOTION for Leave to File Reply Brief filed by Equal Employment Opportunity Commission. (Costas, Toby) (Entered: 06/16/2005)

RECAP
42 June 17, 2005

ORDER granting 40 Dft's Motion for Leave to File Reply. Dft's reply brief shall be filed no later than 10 days following the date of this order and shall consist of no more than 15 pages. . Signed by Judge Ralph G. Thompson on 6/17/05. (cjs, ) (Entered: 06/17/2005)

RECAP
43 July 1, 2005

REPLY to Response to Motion re 36 MOTION for Summary Judgment filed by Burlington Northern Santa Fe Railway Company. (Fields, Roberta) (Entered: 07/01/2005)

RECAP
44 Dec. 8, 2005

ORDER granting 36 Dft Burlington's Motion for Summary Judgment. Because the mtn and preceding discovery are limited; the parties are directed to advise the court if there are any remaining issues for discovery and trial. The parties shal do so by written submission no later than 12/16/05 . Signed by Judge Ralph G. Thompson on 12/8/05. (cjs, ) (Entered: 12/08/2005)

RECAP
45 Dec. 16, 2005

JOINT STATUS REPORT to Court by Defendant Burlington Northern Santa Fe Railway Company. (Fields, Roberta) (Entered: 12/16/2005)

RECAP
46 Dec. 16, 2005

JUDGMENT in favor of dft Burlington Northern & Santa Fe Railway against plaEqual Employment Opportunity Comm. Signed by Judge Ralph G. Thompson on 12/16/05. (cjs, ) (Entered: 12/16/2005)

RECAP
47 Dec. 22, 2005

MOTION for Costs and Brief in Support by Burlington Northern Santa Fe Railway Company. (Fields, Roberta) (Entered: 12/22/2005)

RECAP
48 Dec. 22, 2005

BILL OF COSTS by Burlington Northern Santa Fe Railway Company. (Attachments: # 1 Attachment Itemization - Form AO 133# 2 Exhibit 1 - Invoice and Check Payable to LegaLink Los Angeles# 3 Exhibit 2 - Cost Table Listing)(Fields, Roberta) (Entered: 12/22/2005)

1 Attachment Itemization - Form AO 133

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2 Exhibit 1 - Invoice and Check Payable to LegaLink Los Angeles

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3 Exhibit 2 - Cost Table Listing

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RECAP
49 Dec. 22, 2005

NOTICE OF BILL OF COSTS HEARING, Bill of Costs Hearing set for 1/26/2006 11:00 AM in Court Clerk's Office (mb, ) (Entered: 12/22/2005)

RECAP
50 Jan. 26, 2006

Costs Taxed in amount of $ 502.90 against Equal Employment Opportunity Comm (cjs, ) (Entered: 01/26/2006)

RECAP
51 Feb. 13, 2006

NOTICE by Equal Employment Opportunity Commission (Costas, Toby) (Entered: 02/13/2006)

RECAP
52 Feb. 13, 2006

NOTICE OF APPEAL as to 46 Judgment by Equal Employment Opportunity Commission. (dl, ) (Entered: 02/14/2006)

RECAP
53 Feb. 14, 2006

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 52 Notice of Appeal (dl, ) (Entered: 02/14/2006)

RECAP
54 Feb. 17, 2006

USCA Case Number 06-6074 for 52 Notice of Appeal filed by Equal Employment Opportunity Commission,. (dl, ) (Entered: 02/17/2006)

RECAP
55 Feb. 24, 2006

TRANSCRIPT Order Form by Equal Employment Opportunity Commission that transcripts are not necessary. See order form for dates and proceedings. (Costas, Toby) (Entered: 02/24/2006)

RECAP
56 Feb. 24, 2006

DESIGNATION of Record on Appeal by Equal Employment Opportunity Commission re 52 Notice of Appeal (Attachments: # 1 Attachment DOCKET SHEET)(Costas, Toby) (Entered: 02/24/2006)

1 Attachment DOCKET SHEET

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RECAP
57 April 7, 2006

TRANSCRIPT LETTER advising that transcripts are not necessary re 52 Notice of Appeal filed by Equal Employment Opportunity Commission,. The record is ready for appeal purposes. (dl, ) (Entered: 04/07/2006)

RECAP
58 Jan. 3, 2007

MANDATE From USCA - The judgment of the district court is AFFIRMED 52 Notice of Appeal filed by Equal Employment Opportunity Commission (dl, ) (Entered: 01/03/2007)

RECAP

Case Details

State / Territory:

Oklahoma

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: May 27, 2004

Closing Date: Jan. 3, 2007

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

Burlington Northern Santa Fe Railway Company

Case Details

Causes of Action:

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

Other Dockets:

Western District of Oklahoma 5:04-cv-00660

U.S. Court of Appeals for the Tenth Circuit 06-06074

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

Discrimination Area:

Disparate Treatment

Hiring

Discrimination Basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits

Recommended Citation