Equal Employment Opportunity Commission v ITT Educational Services, Inc.

Filing 37

ORDER signed by District Judge Kimberly J. Mueller on 08/22/2016 DISMISSING the case WITH PREJUDICE. (Jackson, T)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11
12

EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION,
Plaintiff, and

13
14

ORDER
KERRY KIRKSEY,
Plaintiff-Intervenor,

15
16
17
18

No. 2:11-cv-02504-KJM-KJN

v.
ITT EDUCATIONAL SERVICES, INC.
d/b/a ITT TECHNICAL INSTITUTES,
Defendant.

19
20
21

Plaintiff Equal Employment Opportunity Commission (EEOC) filed this action

22

under the American with Disabilities Act, 42 U.S.C. § 12101 et seq. and Title I of the Civil Rights

23

Act of 1991, 42 U.S.C. § 1981a. ECF No. 36 at 1. The EEOC alleges that defendant ITT

24

Educational Services, Inc. (ITT) subjected Kerry Kirksey to disability discrimination by not

25

accommodating him in the application and hiring process. Id. Kirksey intervened as plaintiff.

26

Id. On June 18, 2013, the court issued a consent decree, which, in relevant parts, stated the case

27

shall be dismissed with prejudice upon the expiration of the decree. See generally id. The

28
1

1

consent decree expired on June 18, 2016. Id. at 9. The case therefore is DISMISSED WITH

2

PREJUDICE.

3
4

IT IS SO ORDERED.
DATED: August 22, 2016.

5
6
UNITED STATES DISTRICT JUDGE
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2