Cyncar v. Potter - A Chronology!

The following is a chronological list of actions taken by either the class-agent, or the class representatives, in support of the class-action.

• August 28, 2000-----Class Agent submits initial informal request for a class action as part of a personal EEO Complaint.
• April 30, 2001------Class Agent submits the formal initial motion for class certification to the USPS Western Area EEO office.
• July 2, 2001--------USPS Western Area EEO office submits a motion to the Denver District EEOC office requesting that the motion for class certification be denied.
• July 25, 2001-------Class Agent submits a rebuttal to the Denver District EEOC office against the USPSs' request for denial.
• March 26, 2002------EEOC orders the USPS and the Class-Agent to supplement their arguments.
• April 20, 2002------Class Attorneys-of-record, that the Class-Agent retained on April 16, 2002, submit a motion to extend the time for reply with a Supplemental Brief. USPS agrees to the extension.
• November 6, 2002----Class Attorney's send Supplemental brief and affidavits to the Administrative Judge (AJ) at the District EEOC office in Denver.
• November 7, 2002----Class Attorney's send Motion for Injunctive Relief to the AJ at the District EEOC office in Denver.
• December 6, 2002----Order by AJ denying Motion for Injunctive Relief.
• December 13, 2002---Class Attorney's send Reconsideration of Motion for Injunctive Relief to the AJ at the District EEOC Office in Denver.
• February 6, 2003----Class Attorney's send Motion for Status Conference to the AJ at the District EEOC office in Denver.
• March 6, 2003-------USPS presents motion for denial of Status Conference to the AJ at the District EEOC office in Denver.
• March 17, 2003------Class Attorney's send rebuttal to USPSs' motion for denial of Status Conference to the AJ at the District EEOC Office in Denver.
• April 1, 2003-------AJ sends her ruling to Certify the Class and a notice of her decision to USPS and the Class Attorneys.
• May 13, 2003--------USPS submits Final Agency Offer (FAO) and advisement of appeal to Office of Federal Operations (OFO).
• May 22, 2003--------USPS submits Motion to OFO for extension to file appeal brief.
• May 22, 2003--------Class Attorneys submit Motion to Strike USPS appeal to Denver District EEOC.
• May 30, 2003--------USPS submits response to Motion to Strike to the Denver District EEOC.
• May 30, 2003--------AJ rules against Motion to Strike.
• June 6, 2003--------Class Attorneys submit opposition for USPS to extend time to file the appeal brief.
• June 10, 2003-------OFO sends advisement of receipt of USPS FAO.
• June 23, 2003-------USPS submits appeals brief to OFO.
• July 21, 2003-------Class Attorneys submit Motion to OFO for extension to file the Appeal Brief. USPS agrees to the extension.
• August 4, 2003------Class Attorneys submit Motion to OFO for further extension to file the Appeal Brief. USPS agrees to the extension.
• August 19, 2003-----Class Attorneys submit Appeal Brief rebutting USPS Appeal.
• December 12, 2005--Class Attorneys submit a Motion for Status Conference to the Office of Federal Operations (OFO), EEOC, Washington, D.C.
• February 1, 2007---The Office of Federal Operation, Equal Employment Opportunity Commission, approves the class-action.
• February 16, 2007--USPS submits a Motion to Stay the EEOC's order of February 1, 2007 pending submission of Reconsideration.
• February 27, 2007--Class Attorneys file objection to USPS Motion to Stay EEOC's order of February 1, 2007.
• March 5, 2007---USPS submits their Request for Reconsideration.
• March 6, 2007---USPS submits their rebuttal to Class Attorney's objection to USPS Motion to Stay EEOC's order of February 1, 2007.
• March 19, 2007---Class Attorneys file Motion for Extension of Time to Respond to Agency's Motion for Reconsideration to April 17, 2007.
• April 17, 2007---Class Attorneys submit opposition brief to Agency's Motion for Reconsideration
• May 1, 2007---The Office of Federal Operations, Equal Employment Opportunity Commission, denies the USPS Request for Reconsideration.
• May 4, 2007---USPS submits reply to Class Attorneys opposition brief to Agency's Motion for Reconsideration.
• May 21, 2007---USPS and Class Attorneys submit Joint Motion for Extension of Notification and Corrective Action Requirements
• June 21, 2007----USPS and Class Attorneys submit second Joint Motion for Extension of Notification and Corrective Action Requirements.
• July 31, 2007---Judge Taoka issues a Protective Order to insure the privacy of known, and potential, class participants..
• August 1, 2007---Class notice is mailed by the USPS to 49,050 potential class participants.
• November 6, 2007---Judge Taoka issues a Joint Scheduling Order for Discovery.

At this time, 02/18/2008,  there are a number of things that should happen in the immediate future.  They are as follows:

• The USPS is in the process of identifying those individuals who have not received a class notice due to undeliverable status.  Class Notices for these personnel will be sent in the near future.
• The Joint Scheduling Order for Discovery sets a number of parameters for Discovery to include Discovery Cut-off.
• Class Counsel is asking that all known and potential class participants provide current e-mail address.  Contact information is provided in the Class Notice Q&A link listed below.
• Class Counsel is asking that all known and potential class participants obtain and submit the class questionnaire contained at this link.

If you have received the Notice that the class-action has been approved, and you have some questions regarding that notice, please refer to Cyncar v. Potter Class Notice Q&A.

The Discovery Process should be initiated in the near future and that will be a major undertaking.  It is the discovery process that will eventually set the final parameters of the class, and potentially expanding the complaint to include disparate treatment.

Of course, nothing is set in stone, and there are certain other situations which could develop in the future, but that will all be dependent on the discovery process among other matters.

Please keep checking this site for additional information in the next few months.   

To view the particulars of Cyncar v. Potter, click here!

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