Bates v. United Parcel Service

204 F.R.D. 440, 2001 U.S. Dist. LEXIS 19842, 2001 WL 1482023
CourtDistrict Court, N.D. California
DecidedNovember 1, 2001
DocketNo. C99-2216 TEH
StatusPublished
Cited by34 cases

This text of 204 F.R.D. 440 (Bates v. United Parcel Service) is published on Counsel Stack Legal Research, covering District Court, N.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bates v. United Parcel Service, 204 F.R.D. 440, 2001 U.S. Dist. LEXIS 19842, 2001 WL 1482023 (N.D. Cal. 2001).

Opinion

ORDER

THELTON E. HENDERSON, District Judge.

These matters came before the Court on Monday, October 22, 2001, on Plaintiffs’ motions for class certification under Federal Rule of Civil Procedure 23 and bifurcation of trial under Rule 42(b). After careful consideration of the parties’ written and oral arguments, this Court GRANTS both motions for the reasons described below.

BACKGROUND

Five plaintiffs — Eric Bates, Eric Bumbala, Bert Enos, Babaranti Oloyede, and Edward Williams — seek to represent a class of United Parcel Service (UPS) employees who “use sign language as a primary means of communication due to a hearing loss or limitation.” Pis.’ Mot. for Class Cert, at 1. They propose a nationwide class for claims under the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101 et seq. (2001), and a California subclass for claims under the Fair Employment and Housing Act (FEHA), Cal. Gov’t Code §§ 12940 et seq. (West 2001); the Unruh Civil Rights Act, Cal. Civ.Code §§ 51 et seq. (West 2001); and violation of California public policy, see Cal. Gov’t Code § 12920 (West 2001) (“It is hereby declared as the public policy of this state that it is necessary to protect and safeguard the right and opportunity of all persons to seek, obtain, and hold employment without discrimination or abridgment on account of ... physical disability....”).1 UPS is the primary defendant, although Plaintiffs also name as defendants Does 1-20.

Plaintiffs present three main allegations, supported by declarations from fifteen putative class members. See App. A to Pis.’ Mot. for Class Cert (containing sixteen such declarations, one of which was later withdrawn by the parties’ stipulation). First, Plaintiffs observe that UPS requires all drivers to meet Department of Transportation (DOT) hearing standards, which the DOT only requires for drivers of vehicles weighing 10,001 pounds or more. Plaintiffs argue that this impermissibly precludes assessment of whether individual employees can perform the essential functions of the job. Second, Plaintiffs allege that UPS has failed to develop interactive policies to address the communication barriers faced by deaf workers in the workplace. As examples of such barriers, Plaintiffs assert that UPS frequently ignores requests for interpreters and often fails to provide video captioning, teletype telephones, and reliable emergency alert systems. Finally, Plaintiffs claim that UPS’s failure to address communication barriers, in combination with the company’s subjective personnel policies, has created an illegal glass ceiling for deaf workers.

In the two motions currently before this Court, Plaintiffs seek class certification under Rule 23 and bifurcation of trial under Rule 42(b). Plaintiffs first propose that the following class be certified:

[443]*443Those persons throughout the United States who (i) have been employed by and/or applied for employment with United Parcel Service (UPS) at any time since June 25, 1997 up through the conclusion of this action, (ii) use sign language as a primary means of communication due to a hearing loss or limitation, and (iii) allege that their rights have been violated under Title I of the Americans With Disabilities Act on account of UPS’s policies and procedures.

Pis.’ Mot. for Class Cert, at 1. Plaintiffs similarly seek to certify a subclass of “persons throughout California” who meet (i) and (ii) above and further “allege that their rights have been violated under California civil rights laws on account of UPS’s policies and procedures.” Id.

In a separate motion, Plaintiffs move for bifurcation of trial into two phases. The first proposed phase would address “General liability to the Class and equitable (Injunctive and Declaratory) relief issues,” and the second phase would address “Named Plaintiff and Class damages.” Pis.’ Mot. for Bifurc. at 2. At oral argument, Plaintiffs clarified that the proposed second phase would also cover the two non-class claims in this action.

DISCUSSION

I. Class Certification

A party seeking to certify a class must demonstrate that it has met all four requirements of Federal Rule of Civil Procedure 23(a) and at least one of the requirements of Rule 23(b). Zinser v. Accufix Research Inst., Inc., 253 F.3d 1180, 1186 (9th Cir.2001). The party must provide facts to satisfy these requirements; simply repeating the language of the rules in its moving papers is insufficient. Doninger v. Pacific Northwest Bell, Inc., 564 F.2d 1304, 1309 (9th Cir.1977). If a district court concludes that the moving party has met its burden, then the court has broad discretion to certify the class. Zinser, 253 F.3d at 1186.

Rule 23(c)(4) allows a court to maintain a class action as to particular issues only or to divide a class into subclasses. Fed. R.Civ.P. 23(c)(4). If the court divides the class into subclasses under Rule 23(e)(4)(B), then “each subclass must independently meet the requirements for the maintenance of a class action.” Officers for Justice v. Civil Serv. Comm’n, 688 F.2d 615, 630 (9th Cir.1982).

In determining whether class certification is appropriate, a district court must conduct a “rigorous analysis” of the moving party’s claims to examine whether the requirements of Rule 23 are met. General Tel. Co. of the Southwest v. Falcon, 457 U.S. 147, 161, 102 S.Ct. 2364, 72 L.Ed.2d 740 (1982). The court may not consider whether the party seeking class certification has stated a cause of action or whether it is likely to prevail on the merits. Eisen v. Carlisle & Jacquelin, 417 U.S. 156, 178, 94 S.Ct. 2140, 40 L.Ed.2d 732 (1974). However, the court is “at liberty” to consider evidence that relates to the merits if such evidence also goes to the requirements of Rule 23. Hanon v. Dataproducts Corp., 976 F.2d 497, 508 (9th Cir.1992).

UPS would have this Court extend Hanon beyond what the Court believes the Ninth Circuit intended. Through its written and oral arguments, UPS has made clear that it would like this Court to deny class certification based on a finding that UPS is in compliance with the ADA and therefore has not engaged in any pattern or practice of discrimination. Without question, this is the sort of merits-based inquiry that the Supreme Court rejected in Eisen. Notably, the Hanon court cited Eisen with approval as establishing that “a motion for class certification is not the appropriate point at which to resolve the merits of a plaintiffs claim.” Hanon, 976 F.2d at 509 (citing Eisen, 417 U.S. at 177-78, 94 S.Ct. 2140).

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Cite This Page — Counsel Stack

Bluebook (online)
204 F.R.D. 440, 2001 U.S. Dist. LEXIS 19842, 2001 WL 1482023, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bates-v-united-parcel-service-cand-2001.