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SECTION Northern District of Ohio https Cat03, McHargh, Standard, Termed U.S. District Court Northern District of Ohio (Cleveland) CIVIL DOCKET FOR CASE # 1 Equal Employment Opportunity Commission v. Sundance Rehabilitation Corporation Assigned to Judge Lesley Wells Case in other court 6th Circuit, Cause 29 633 Job Discrimination (Age) Date Filed Date Terminated Jury Demand None Nature of Suit 442 Civil Rights Jobs Jurisdiction U.S. Government SECTION PlaintiffSECTION SECTION PlaintiffSECTION Equal Employment Opportunity Commission represented by C. Larry Watson U.S. Equal Employment Opportunity Commission - Cleveland 3001 AJC Federal Bldg. 1240 East Ninth Street Cleveland, OH 44199 Fax Email larry.watson@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeffrey A. Stern U.S. Equal Employment Opportunity Commission - Cleveland 3001 AJC Federal Bldg. 1240 East Ninth Street Cleveland, OH 44199 Fax Email Jeffrey.Stern@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Lawrence Mays U.S. Equal Employment Opportunity Commission - Cleveland 3001 AJC Federal Bldg. 1240 East Ninth Street Cleveland, OH 44199 Fax Email lawrence.mays@eeoc.gov 1 of 6 12 38 PM Northern District of Ohio https V. SECTION DefendantSECTION Sundance Rehabilitation Corporation LEAD ATTORNEY ATTORNEY TO BE NOTICED represented by Dean E. Westman Kastner, Westman & Wilkins 3480 West Market Street Ste. 300 Akron, OH 44333 Fax Email dwestman@kwwlaborlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Date Filed # Docket Text 1 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 2 Random Assignment of Magistrate Judge Streepy (B, BA) (Entered 3 Case Information Statement (Standard Track) filed by Equal Employment Opportunity Commission. (B, BA) (Entered 4 Notice of Placement of case in the CM/ECF Docketing System (B, BA) (Entered 5 Praecipe for other; 1st attempt of summons unsuccessful (issued filed by Equal Employment Opportunity Commission. (C, K A) (Entered 6 Waiver of Summons Returned upon Sundance Rehabilitation Corporation on 8/1/01 filed by Equal Employment Opportunity Commission. (C, K A) (Entered 7 Answer to Complaint (Related Doc # 1 ) filed by Sundance Rehabilitation Corporation. (C, K A) (Entered 8 Corporate Disclosure Statement filed by Sundance Rehabilitation Corporation. (C, K A) (Entered 9 Case Management Conference Scheduling Order. Case management conference to be held on at 09 30 AM at Chambers 338. (Judge Lesley Wells)(C, L) (Entered 10 Motion for order Excusing SECTION DefendantSECTION from Case Management Conference filed by all defendants. (Westman, Dean) (Entered 2 of 6 12 38 PM Northern District of Ohio https Marginal Order (Non Document) Granting Motion to excuse. (Judge Lesley Wells)(Related Doc # 10 )(C, L) (Entered 11 Report of Parties Planning Meeting filed by Equal Employment Opportunity Commission. (Stern, Jeffrey) (Entered 12 Notice of Service of initial disclosures filed by Sundance Rehabilitation Corporation. (Westman, Dean) Modified text (C, K A). (Entered 13 Notice of Service of EEOC's Initial Disclosure filed by Equal Employment Opportunity Commission. (Stern, Jeffrey) (Entered 14 Case Management Conference Plan/Order. Track Designated Standard. Discovery due by Parties to be Joined and Pleading Amendments due by Dispositive Motions due by with status hearing to be held on at 03 00 PM at Chambers 338 with Final Pre-Trial Conference to be held on Jury Trial set for at 9 00 AM. (Judge Lesley Wells)(C, L) (Entered 15 Order Designating Case for Electronic Filing. (Judge Lesley Wells)(C, L) (Entered 16 Civil Bench Trial Order. Final Pre-Trial Conference set for at 04 00 PM at Chambers 338, Bench Trial set for at 9 00 AM. (Judge Lesley Wells)(C, L) Additional attachment(s) added on (C, L). (Entered 17 Order Establishing Trial Docket. (Judge Lesley Wells)(C, L) (Entered 18 Notice of Service of discovery on filed by Sundance Rehabilitation Corporation. (Westman, Dean) Modified text (C, K A). (Entered 19 Minutes of proceedings before Judge Wells held on 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 at 03 00 PM to discuss any scheduling changes, and the Court will initiate the call. (Janet Alter) (H, D) (Entered 20 Minutes of proceedings of telephone status conference before Judge Wells held on 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 21 Unopposed Motion to stay filed by Equal Employment Opportunity Commission. (Attachments # 1 Declaration in Support)(Related document(s) 20 ) (Stern, Jeffrey) (Entered 22 Marginal Entry Order signed on Granting Motion by plaintiff to stay proceedings (Related Doc # 21 ). Stay granted until discovery cutoff is dispositive motion deadline is no further extensions will be 3 of 6 12 38 PM Northern District of Ohio https granted. (C, K A) (Entered 23 Notice of Service of discovery filed by all defendants. (Westman, Dean) Modified text (C, K A). (Entered 24 Motion for summary judgment filed by Sundance Rehabilitation Corporation. (Attachments # 1 # Dean) (Entered 25 Opposition (Related Motion(s) 24 ) to SECTION DefendantSECTION'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 26 Appendix to Memorandum in Opposition to SECTION DefendantSECTION's Motion for Summary Judgment filed by Equal Employment Opportunity Commission. (Related document(s) 25 ) (Stern, Jeffrey) (Entered 27 Motion for extension of time until to file reply brief in support of motion for summary judgment filed by Sundance Rehabilitation Corporation. (Westman, Dean) Modified text on (C, B). (Entered Marginal Order (Non Document) Granting Motion for extension of time until 9 January 2003. (Judge Lesley Wells) (Related Doc # 27 ) (C, L) (Entered 28 Reply brief in support of motion for summary judgment (Related Motion(s) 24 ) filed by Sundance Rehabilitation Corporation. (Westman, Dean) Modified text (C, K A). (Entered 29 Notice of Service filed by Sundance Rehabilitation Corporation. (Westman, Dean) (Entered 30 Motion for leave to file Surreply Memorandum Instanter in Opposition to SECTION DefendantSECTION's Motion for Summary Judgment filed by Equal Employment Opportunity Commission. (Related motion 24 ) (Stern, Jeffrey) Modified text (C, K A). (Entered 31 Notice of Service of discovery on filed by Sundance Rehabilitation Corporation. (Westman, Dean) Modified text (C, K A). (Entered 32 Notice of Service filed by Sundance Rehabilitation Corporation. (Westman, Dean) (Entered Marginal Order (Non Document) Granting Motion for leave to file instanter. (Judge Lesley Wells) (Related Doc # 30 )(C, L) (Entered 33 Cross Motion for summary judgment filed by Equal Employment Opportunity Commission. (Related document(s) 25 ) (Stern, Jeffrey) (Entered 34 Opposition (Related Motion(s) 33 ) to SECTION PlaintiffSECTION's Cross Motion for Summary Judgment filed by Sundance Rehabilitation Corporation. (Westman, Dean) Modified on Incomplete filing - Document to be Refiled (M, J A). Modified text (C, K A). (Entered 4 of 6 12 38 PM Northern District of Ohio 5 of 6 https 35 Opposition (Related Motion(s) 33 ) to SECTION PlaintiffSECTION's Cross Motion for Summary Judgment filed by Sundance Rehabilitation Corporation. (Westman, Dean) Modified text (C, K A). (Entered 36 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 37 Reply (Related Motion(s) 33 ) Memorandum in Support of Cross Motion for Summary Judgment filed by Equal Employment Opportunity Commission. (Stern, Jeffrey) (Entered 38 Order referring case to Magistrate Judge Jack B. Streepy for a report and recommendation. (Judge Lesley Wells)(C, L) (Entered 39 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 (S, DJ) (Entered 40 Order terminating case referral and returning case to Judge Wells.. Signed by Judge Jack B. Streepy on (S, DJ) (Entered 41 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 (C, K A). (Entered 42 Opposition to SECTION PlaintiffSECTION's Objections to Magistrate Judge's Report and Recommendation filed by all defendants. (Related document 39 ) (Westman, Dean) Modified text (C, K A). (Entered 43 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 (E, P). Modified text on (H, S P). (Entered 44 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 (E, P) Modified text to add link on (E, P). (Entered 45 Motion to stay of Proceedings to Enforce Judgment and for Suspension of Injunctive Relief filed by Sundance Rehabilitation Corporation. (Westman, Dean) (Entered 46 NOTICE OF APPEAL to the 6th Circuit Court of Appeals from the 43 Memorandum of Opinion and Order and 44 Judgment Entry of filed by Sundance Rehabilitation Corporation (Westman, Dean). Filing Fee Paid see document 47. Modified text on (H, S P). Modified for fee on 12 38 PM Northern District of Ohio https (H, S P). (Entered 47 USCA Appeal Fees of received, receipt number re 46 Notice of Appeal (H, S P) (Entered 48 Acknowledgment from the USCA for Sixth Circuit of receipt of 46 Notice of Appeal (USCA# Date filed in USCA (H, S P) (Entered 49 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 # Jeffrey) (Entered 50 Transcript Request by Sundance Rehabilitation Corporation re 46 Notice of Appeal. Transcript is unnecessary, there were no hearings. (H, S P) (Entered 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 51 Information Copy of opinion from USCA for the Sixth Circuit Reversing the judgment of the District Court re 46 Notice of Appeal (USCA# This is not a mandate order. Circuit Judges Boggs and Batchelder, District Judge Cohn. Date issued by USCA (Attachments # 1 Judgment) (H, S P) (Entered 52 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# Date issued as mandate Costs None (Related document 51 ) (H, SP) (Entered 53 Appeal Remark from US Supreme Court An extension of time is granted up to and including to file a petition for a writ certiorari (No. (H, SP) (Entered PACER Service Center Transaction Receipt 13 38 43 PACER Login wu0079 Client Code Description Docket Report Search Criteria Billable Pages 4 Cost eeoc 1 0.32 6 of 6 12 38 PM

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, 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.

