IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff,

CIVIL ACTION NUMBER

FURNITURE DISTRIBUTORS, INC., KIMBRELL’S OF STATESVILLE, N.C., INC. and KIMBRELL’S, INCORPORATED, collectively doing business as KIMBRELL’S FURNITURE,
Defendants.

JURY TRIAL DEMANDED

NATURE OF TH E ACTION This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of sex (female), and to provide appropriate relief to Robin W. Drye who was adversely affected by such practices. The Equal Employment Opportunity Commission (the "Commission") alleges that Robin W. Drye was subjected to a sexually hostile work environment and constructively discharged by Furniture Distributors, Inc., Kimbrell’s Furniture of Statesville, N.C. Inc,, and Kimbrell’s Incorporated collectively doing business as Kimbrell’s Furniture ("Defendants" or "Kimbrell’s Furniture").
JUR[SDICTION AND VENUE I. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 706(t)(1) and (3) of Title VII of the Civil Rights Act of I964, as amended, 42 U.S.C. § 2000e-5(f)(1) and (3) ("Title

VII") and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a. 2. The employment practices alleged to be unlawful were committed within the
jurisdiction of the United States District Court for the Western District of North Carolina, Statesville Division.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission, is the agency of the United States of America charged with the aclministration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by Section "t06(t)(1) an.d (3) of Title VII, 42 U.S.C. § 2000e-5(0(1) and (3). 4. M all relevant times, Defendants, Furniture Distributors, Inc., Kimbrell’s of Statesville, N.C., Inc. and Kimbrell’s, Incorporated have continuously been North Carolina corporations doing business in the State of North Carolina and the City of Statesville, and have continuously had at least fifteen (15) employees. 5. M all relevant times, Defendants have ¢ontinuously been employers engaged in an industry affecting commerce within the meaning of Section 70i (b), (g) and (h) of Title VII, 42
u.s.c. § 2000(6), (g) and (h).
CONCILIATION 6. More than thirty days prior to the institution of this lawsuit, Robin W. Drye filed a charge with the Commission alleging violations of Title VII by Defendants, All conditions precedent to the institution of this lawsuit have been fulfilled.
STATEMENT OF CLAIMS 7. Since at least June 2000, Defendants have engaged in unlawful employment
2

practices at their Statesville, North Carolina facility, in violation of Section 703(a)(1) of Title VII, 42 U.S.C. §§ 2000e-2(a)(1). The unlawful practices:
a. subjecting Robin W. Drye to a sexually hostile work environment, including sexual comments and sexual advances by a male co-worker; and
b. constructively discharging Robin W. Drye. Although Defendants received complaints about the sexual harassment, and otherwise knew or reasonably should have known about the sexual harassment, Defendants failed to take appropriate action to stop it.
8. The effect of the practices complained of in paragraph 7 above has been to deprive Robin W. Drye of equal employment opportunities and otherwise adversely affect her status as an employee because of sex.
9. The unlawful employment practices complained of in paragraph 7 above were intentional.
10. The unlawful employment practices complained of in paragraph 7 above were done with malice or with reckless indifference to the federally protected rights of Robin W. Drye.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendants, their officers, successors, assigns and all persons in active concert or participation with them, from engaging in sexual harassment, constructive discharge and any other employment practice which discriminates on the basis of sex. B. Order Defendants to institute and carry out policies, practices and programs which

provide equal employment opportunities for women, and which eradicate the effects of their past and present unlawful employment practices.
C. Order Defendants to make whole Robin W. Drye by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of their unlawful employment practices, including but not limited to reinstatement or front pay.
D. Order Defendants to make whole Robin W. Drye by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, including but not limited to medical expenses and job search expenses, in amounts to be determined at trial.
E. Order Defendants to make whole Robin W. Drye by providing compensation for past and future nonpecuniary losses resulting from the unlawful employment practices complained of in paragraph 7 above, including but not limited to emotional pain, suffet-ing, inconvenience, loss of enjoyment of fife, loss of civil rights, and humiliation, in amounts to be determined at trial.
F. Order Defendants to pay Robin W. Drye punitive damages for their malicious and reckless conduct described in paragraph 7 above in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
Award the Commission its costs of this action. JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its compIaint. 4

GWENDOLYN YOUNG REAMS Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 "L" Street, N.W. Washington, D.C. 20507
RegionaI Attorney
,¢~IRK J. ANGEL Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Charlotte District Office 129 West Trade Street, Suite 400 Telephone: (704) 344-6875

 
 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVlLLE DIVISION

FILED

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Civil Action No: 5:02CVl01-McK

Plaintiff

COMPLAINT IN INTERVENTION

FURNITURE DISTRIBUTORS, INC., KIMBRELL’S OF STATESVILLE, NC., INC. and KIMBRELL’S, INCORPORATED, collectively doing business as
KIMBRELL’S FURNITURE

Robin W. Drye, Plaintiff-lntervenor, alleges as follows:
1. This complaint-in-intervention is filed by Robin W. Drye pursuant to 42 U.S.C. § 2000e-5(f), there having been a complaint filed by the U.S. Equal Employment Opportunity Commission, called the Commission, in the above captioned matter alleging that Defendants subjected Robin W. Drye to a sexually hostile work environment, including sexual comments and sexual advances by a male co-worker; and constructively discharging Robin W. Drye.
2. Robin W. Drye is a person aggrieved under 42 USC §2000e-5(f) and thereby has the right to intervene in the above captioned civil action brought by the Commission.
3. Defendants are North Carolina corporations operating and doing business in North Carolina and with a store and office located in Statesville, iredell County, ,North Carolina.
4. This Court has jurisdiction as invoked by Plaintiffs pursuant to 28 USC. [}[t 451, 1331, 1337, 1343 and 1345. The initial action was authorized and instituted. ’" ’ pursuant to Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 USC §2000e-5(f)(1) and (3)("Title VII") and Section 102 of the Civil Rights Act of 1991, 42 USC -1981a.
5. Robin W. Drye was an employee of Defendants from on or about July 1, 1998 to on or about January 29, 2001.

/!

6. During her employment and since least June of 2000, Defendants have engaged in unlawful employment practices at their Statesville, North Carolina facility, in violation of Section 703(a)(1) of Title VII, 42 USC §§2000e-2(a)(1). The unlawful practices have included, among other things:
subjecting Robin W. Drye to a sexually hostile work environment, including sexual comments and sexual advances by a male coworker; and
b. constructively discharging Robin W. Drye.
7. Although Defendants received complaints about the sexual harassment, and otherwise knew or reasonably should have known about the sexual harassment, Defendants failed to take appropriate action to stop it.
8. Robin W. Drye seeks compensatory and punitive damages as a result of Defendants’ deliberate indifference to the creation of a sexually hostile work environment including sexual comments and sexual advances by a male co-worker and failing to take appropriate action to stop it.
9. The sexual harassment to which Plaintiff was subjected were intentional, severe, pervasive, and objectively offensive and were done with malice or with reckless indifference to the federally protected rights of Robin W. Drye.
10. The effect of the practices complained of above has been to deprive Robin W;. Drye of equal employment opportunities and otherwise adversely affect her status as an employee because of sex.
11. While employed by Defendants, Defendants agreed to pay Robin W. Drye commissions for all sales made by her. Robin Drye, during the course and scope of her employment by Defendants, made sales for which she either received no commission or less commission than that to which she was contractually entitled.
12. Defendants breached their contract to compensate Robin W. Drye for her work as a sales person for Defendants.
13. Upon information and belief, the amount of compensation to which Robin W. Drye is entitled to recover of and from Defendants, jointly and severally, is in excess of $10,000, the specific amount to be determined upon the trial of the matter.
WHEREFORE, Robin W. Drye prays the Court to order that:
1. Declare that Defendants have discriminated on the basis of sex by failing to

address, prevent, and remedy sexual harassment.
2. Defendants, jointly and severally, make whole Robin W. Drye by:
Providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of their unlawful employment practices, including but not limited to reinstatement or front pay to Robin W. Drye.
Providing compensation for her past and future pecuniary losses resulting from the unlawful employment practices described above, including but not limited to medical expenses and job search expenses, in amounts to be determined at trial.
Providing compensation to Robin W. Drye for her past and future nonpecuniary losses resulting from the unlawful employment practices complained of herein including but not limited to emotional pain, suffering, inconvenience, loss of enjoyment of life, loss of civil rights, and humiliation, in amounts to be determined at trial.
3. Defendants, jointly and severally, pay Robin W. Drye punitive damages for their malicious and reckless conduct described herein above in amounts to be determined at trial.
4. Defendants pay Robin W. Drye for their breach of their employment and compensation agreement with Robin W. Drye for commissions upon sales in amounts to be determined upon the trial of the matter.
5. Grant any additional relief as the needs of justice may require.
6. Award Robin W. Drye the costs incurred by her in this action including, if the law so provides, attorneys fees.

Robin W. Drye requests a jury trial on all questions of fact raised by her Complaint in Intervention.
l~,..,._.. Respectful,y submit~ .j~-"~ December, 2002,
Par~rHo~es, LLP Attorneys for Plaintiff-lntervenor 242 East Broad Street PO Box 112 Statesville, NC 28787 (704) 871-0300

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Motion to Intervene and Complaint in Intervention has been served by depositing a copy of same in the United States Mail, sufficient postage prepaid, addressed as follows:
Ms. Mindy E. Weinstein, Regional Attorney Mr. Kirk J. Angel, Trial Attorney Attorneys for Plaintiff US EEOC Charlotte District Office 129 West Trade Street, Suite 400 Charlotte, NC 28202
William H. Sturges Attorney for Defendants Shumaker, Loop & Kendrick, LLP 128 South Tryon Street, Suite 1800 Charlotte, NC 28202
of Decemb ,2 2. ~
~avidP ’P er State B 8927 Parker & Howes, LLP Attorneys for Plaintiff-lntervenor 242 East Broad Street PO Box 112 Statesville, NC 28787 (704) 871-0300

 
 I."Q";

.'
!:J

~~
.....". ' •

' .,sNF "f-
/.("/ ;ylv'
wOlfi...."t. (f.,,~

'..V~~r '.(~~/'.'~,~.'0' .\~'"'.l ~~HEHWEESUTNEIRTENDDSISTTARTIECSTDOISFTNROICRTTHCOCUARRTOLINA

.. I

*' ":l

~f/f
•

'.V ...":.l~':<.e0"""

\l' .$~ \)\~;"

o\~·

.

STATESVILLE DIVISION

~1As.EQ'tU\.ALEMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

ROBIN W. DRYE,

)

CIVIL ACTION NUMBER

)

Plaintiff Intervenor,

)

5:02CVIOI-V

)

v.

)

)

FURNITURE DISTRIBUTORS, INC., )

KIMBRELL'S OF STATESVILLE, N.C., )

INC. and

)

KIMBRELL'S, INCORPORATED,

)

collectively doing business as

)

KIMBRELL'S FURNITURE ,

)

)

Defendants.

)

----------------------)

CONSENT DECREE

The Equal Employment Opportunity Commission (the "EEOC" or "Commission")

instituted this action seeking relief for Robin W. Drye, pursuant to Section 706(f)(1) and (3) of

Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(I) and (3) ("Title

VII") and Section 102 of the Civil Rights Act of 1991, 42 V.S.c. § 1981a. Thereafter, Robin W.

Drye ("Drye" or "Plaintiff-Intervenor") intervened alleging, inter alia, violations ofTitle VII

pursuant to her statutory right of intervention.

The Commission, Plaintiff-Intervenor and Defendants (collectively "the Parties")

stipulate to jurisdiction of the Court over them and agree that the subject matter of this action is

properly before the Court.

I(l./

The parties have advised the Court that they desire to resolve this action without the burden, expense, and delay of contested litigation.
It is therefore the finding of this Court, made on the pleadings and the record as a whole, that: (1) the Court has jurisdiction over the Parties and the subject matter of this action; (2) the purpose and provisions ofTitle VII will be promoted and effectuated by the entry of the Consent Decree; and (3) this Consent Decree resolves all matters in controversy between the Parties as provided in paragraphs I through 14 below.
It is therefore ORDERED, ADJUDGED AND DECREED as follows: 1. Defendants shall not discriminate against any employee on the basis of sex within the meaning of Title VII, and specifically shall not subject employees to sexual harassment in violation ofTitle VII. 2. Defendants shall not discriminate or retaliate against any person because of opposition to any practice made unlawful under Title VII of the Civil Rights Act of 1964 or because of the filing of a charge, the giving of testimony or assistance, or the participation in any investigation, proceeding or hearing under any ofthe foregoing statutes. 3. Defendants shall pay the sum of Twenty-Five Thousand dollars ($25,000) to Robin W. Drye, in settlement of the claims raised in the Complaint filed by the EEOC and the Complaint filed by the Plaintiff-Intervenor. Defendant shall make payment by issuing a check payable to Robin W. Drye and her attorney, David P. Parker. Payment shall be made within ten (10) days after entry of this Consent Decree by the Court. Within ten (10) days after the check has been sent, Defendants shall mail to Bobby C. Simpson, Acting Regional Attorney, Equal Employment Opportunity Commission, 129 W. Trade Street, Suite 400, Charlotte N.C., 28202 a copy of the check and proof of the delivery of same.
2

4. Defendants agree to eliminate from the employment records of Robin W. Drye any and all documents, entries, or references of any kind relating to the facts and circumstances which led to the filing of EEOC Charge Nwnber l40All107 and the related events that occurred thereafter. Within 20 days of taking this action, Defendants will notify the EEOC that this action has been completed.
5. Defendants shall provide Robin W. Drye with a neutral reference upon request of a potential employer and she will list the Statesville Kimbrell's Furniture Store Manager as her reference for the purposes of obtaining employment.
6. Defendants shall provide a training program to all of its store managers in December 2003, December 2004 and December 2005. Defendants also will provide a training program to supervisors and employees within its organization and at each facility listed in Appendix B hereto between October 1, 2003 and December 31,2003. The training program shall include an explanation of the requirements ofTitie VII and its prohibition against sex discrimination in the workplace, including sexual harassment. Each training program shall also cover Defendants' anti-harassment policy and procedure and an explanation ofthe rights and responsibilities of employees and managers under the policy and procedure. Within twenty (20) days after completion of the training program, Defendants shall certify to the Commission the specific training which was undertaken and shall provide the Commission with a roster of all employees in attendance.
7. For a period of one year, Defendants shall conspicuously post, at the Statesville store, the attached Employee Notice, marked Appendix A, which is hereby made a part of this Consent Decree, in a place where it is visible to all employees. If the Notice becomes defaced or unreadable, Defendants shan replace it by posting another copy of the Notice. For a period of
3

three years, Defendants shall conspicuously post their anti-harassment policy and procedure at each facility listed in Appendix B, in a location visible to all employees. Within twenty (20) days of the entry of the Consent Decree, Defendants shall certify to the Commission that the Notice and anti-harassment policy and procedure have been posted.
8. Defendants shall provide the Commission with semi-annual reports during the term of this Consent Decree. The reports shall include the following information: (a) the identities of all individuals who have complained of sex discrimination or sexual harassment within Defendants' organization and at any facility listed in Appendix B, including by way of identification each individual's name, sex, address, telephone number, position, supervisor and social security number; (b) a detailed statement of the individual's complaint; (c) the identity of the person who allegedly harassed or discriminated against the individual; and (d) the action taken in response to the individual's complaint. Defendants shall submit the first such report to the Commission four (4) months after the entry of this Consent Decree and every six (6) months thereafter during the term ofthis Consent Decree.
9. Defendants agree that the Commission may monitor compliance with this Consent Decree. As a part of such agreement, the Commission may, upon twenty (20) days written notice, inspect any of Defendants premises or facilities, including those identified in Appendix B, interview employees and examine and copy documents. This notice will be sent to Mr. Henry L. Johnson, Jr., Kimbrell's Furniture Distributors, Inc., PO Box 11117, Charlotte, NC 28220, and will include the date, time and location of the inspection. If the written notice returns as undeliverable or unclaimed, the Commission will have satisfied this notice provision.
10. If at anytime during the term of this Consent Decree, the Commission believes that Defendants are in violation of the Decree, the Commission shall give notice of the alleged
4

violation to Defendants. Defendants shall then have twenty (20) days in which to investigate and

respond to the allegations. Thereafter, the Commission and Defendants shall have a period of

five (5) days or such additional period as may be agreed upon by them, in which to engage in

negotiation and conciliation regarding such allegations before the Commission exercises any

remedy provided by law.

12. The term of this Consent Decree shall be for three (3) years from its entry by the

Court.

13. The Parties shaH each bear their own costs and attorney's fees.

14. This Court shall retain jurisdiction of this action for purposes of monitoring

compliance with this Consent Decree and entry of such further orders as may be necessary or

appropriate. Date

~Uz-
RICHARD L. VOORH S Judge, U.S. District Court Western District of North Carolina

5

The parties jointly request that the Court approve and enter this Consent Decree:

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
ERIC S. DREIBAND General Counsel
JAMES 1. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, N.W. Washington, D.C. 20507

FURNITURE DISTRIBUTORS, INC., KIMBRELL'S OF STATESVILLE, N.C., INC. and KIMBRELL'S, INCORPORATED, collectively doing business as KIMBRELL'S FURNITURE
By: w~!1d~ SHUMAKER, LOOP & KENDRICK. LLP Suite 1800 128 South Tryon Street Charlotte, N.C. 28202 Telephone 704.945.2163 _--..J;(a,csimile 704.332.1197

Acti g Regional Attorney

129 West Trade Street, Suite 400

Charlotte, NC 28202

ROBIN W. DRYE

ephone 704.344.6876

PLAINTIFF-INTERVENOR

\-_~iI'I·f!l1.li·le 704.344.678;\1.----_

Supervisory Trial Attorney 129 West Trade Street, Suite 400 Charlotte, N.C. 28202 Telephone 704.344.6878 Facsimile 704.344,.6780
BY:'-~EL

By: P.PARKE
ER & HOWES, .L.P P.O. Box 112 Statesville, NC 28687 Telephone 704.871.0300 Facsimile 704.871.1589

Trial Attorney 129 West Trade Street, Suite 400 Charlotte, N.C. 28202 Telephone 704.344.6875 Facsimile 704.344.6780

IN THE UNITED STATES DISTRICT COURT

6

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION

U.S. EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

ROBIN W. DRYE,

)

)

Plaintiff Intervenor, )

)

v.

)

)

FURNITURE DISTRIBUTORS, INC., )

KIMBRELL'S OF STATESVILLE, N.C., )

INC. and

)

KIMBRELL'S, INCORPORATED,

)

collectively doing business as

)

KIMBRELL'S FURNITURE,

)

)

Defendants.

)

)

CIVIL ACTION NUMBER 5:02CVIOI-V

NOTICE TO EMPLOYEES

This Notice is being posted pursuant to a Consent Decree entered in the above-styled case. Federallaw prohibits discrimination against any employee or applicant for employment because of the individual's sex, race, color, religion, national origin, disability or age (40 and over) with respect to hiring, promotion, discipline, firing, compensation, or other terms, conditions or privileges of employment. In barring sex discrimination, Federal law prohibits sexual harassment. Sexual harassment includes subjecting employees to sexual comments or conduct that culminates in a tangible job action (such as discharge) or creates a hostile and offensive working environment. Federal law also prohibits retaliation against any employee or applicant for employment because the individual has opposed discriminatory employment practices.
Kimbrell's Furniture supports and will comply with such federal law in all respects and will not take action against employees because they have exercised their rights under the law. Specifically, Kimbrell's Furniture will not discriminate against or harass any employee because of his or her sex.
Kimbrell's Furniture has adopted an equal employment opportunity policy and procedure and will ensure that all management, supervisors, and other employees abide by the requirements of that policy. Kimbrell's Furniture will take all actions required by the United States District Court, including the payment of monetary reliefto the aggrieved individual, and the posting of this notice.
If you believe that you have been discriminated against based on your sex or sexually harassed, you should report the discriminatory conduct promptly to Kimbrell's Furniture, or to the U.S. Equal Employment Opportunity Commission.

APPENDIX A

This Notice wilJ remain posted for at least one (1) year by agreement with the U.S. Equal Employment Opportunity Commission.
""D""O""N,..O<J.T...RE"""'M~O'-"V..,EwTC!H"'I"-S""'N"'O'-'T-"IC"'E"-'<U"-'N-"'Tl"'L"":_ _ _ _ _ _ _ _, October 1,2004.

Date

for KimbreIl' s Furniture

APPENDIX A

Kimbrell's/Farris Bros. 427 E. Trade St., Box 11117 Charlotte, NC 28202 (28220)*

Kimbrell's of Albemarle 175 N. First St., Box 1027 Albemarle, NC 28001

Kimbrell's of Monroe 1950 W. Roosevelt Blvd., Box 1217 Monroe, NC 28110

Kimbrell's, of Forest City 207 E. Main SI., Box 488 Forest City, NC 28043

Kimbrell's, Wilk. Blvd. 3525 Wilkinson Blvd., Box 11117 Charlotte, NC 28208 (28220)*

Kimbrell's, North Park 103 Eastway Dr., Box 560125 Charlotte, NC 28213 (28256)*

Kimbrell's of Shelby 300 W. Dixon Blvd., PO Box 2652 Shelby, NC 28152 (28151)

Kimbrell's Furniture Co. 1626 Main St., Box 266 Columbia, SC 29201 (29202)*

Kimbrell's Garne~s Ferry 7531 Garne~s Ferry Rd. East Point Plaza Columbia, SC 29209

Kimbrell's of Lancaster, SC 106 S. Main SI. Lancaster, SC 29720

Kimbrell's of Raleigh, NC 210 Fayetteville St., Box 2130 Raleigh, NC 27601 (27602)*

Kimbrell's Raleigh Tower
3665 Newbern /\'.10.. U:vvy. 04 E)
Raleigh, NC 27610

Kimbrell's Tryon Hills 331-103 B Tryon Rd. Tryon Hills Shopping Center Raleigh, NC 27603

APPENDIXB

Kimbrell's of West Columbia 1008 Meeting St. West CQlumbia, SC 29169
Kimbrell's of Orangeburg 1159 Broughton SI., SW., Box 2145 Orangeburg, SC 29115 (29116)'
Kimbrell's of Elberton, GA 234 Heard St., PO Box 388 Elberton, GA 30635
Kimbrell's of Sumter, SC 49 S. Main SI., Box 1605 Sumter, SC 29150 (29151)*
Kimbrell's Broad Street 1070 Broad St. Sumter, SC 29150
Kimbrell's of Spartanburg, SC 125 W. Main St., Box 1130 Spartanburg, SC 29306 (29304)*
Kimbrell's Asheville Hwy. 1280 Ashvl. Hwy., Box 1130 Spartanburg, SC 29303 (29304)*
Kimbrell's of Greenville, SC 113 S. Main St., Box 10165 Greenville, SC 29601 (29603)*
Kimbrell's Fountain Inn, SC 129 N. Main SI. Fountain Inn, SC 29644
Kimbrell's of Lumberton, NC 302 N. Chestnut St., Box 1127 Lumberton, NC 28358 (28359)*
Kimbrell's of Laurinburg, NC 234 E. Church St., Box 1006 Laurinburg, NC 28352 (28353)*
Kimbrell's of Statesville 146 E. Broad SI. Statesville, NC 28677
Kimbrell's Home Fum., Inc. (Kannapolis) 1034 Cloverleaf Plaza Kannapolis, NC 28083

Kimbrell's of Sanford, NC 126S. MooreS!., Box 1110 Sanford, NC 27330 (27331)*

Kimbrell's Exchange 18 Cabarrus Ave., Box 1242 Concord, NC 28025 (28026)*

Kimbrell's of Durham, NC 101 W. Chapel Hill St., Box 408 Durham, NC 27701 (27702)*

Kimbrell's of Morganton, NC 200 W. Union St., Box 94 Morganton, NC 28655 (28680)*

Kimbrell's Raeford Rd. 3141 Raeford Rd., Box 44053 Fayetteville, NC 28303 (28309)*

Kimbrell's of Lenoir, NC 1001 West Ave., NW" Box 2273 Lenoir, NC 28645

Kimbrell's Fayetteville Mart 328 Person St., Box 1419 Fayetteville, NC 28301 (28302)*

Kimbrell's of Belmont, NC 10 E. Catawba St., Box 88 Belmont, NC 28102

Kimbrell's Furniture City 4524·ASouth Blvd., Box 11117 Charlotte, NC 28209 (28220)*

Kimbrell's of Mount Holly, NC 125N. Main St., Box 446 Mount. Holly, NC 28120

Kimbrell's of Lexington, NC 201 S. Main St., Drawer G Lexington, NC 27292 (27293)*

Kimbrell's of Camden, SC 1000 Broad St., Box 650 Camden, SC 29020

Kimbrell's of Gastonia, NC 250 E. Main St., Box 776 Gastonia, NC 28052 (28053)*

Kimbrell's of Gaffney, SC 502 N. Limestone St., Box 939 Gaffney, SC 29340 (29342)*

Kimbrell's Home Supplies 232 Main St., Drawer 9 Fort Mill, SC 29715 (29731)

Kimbrell's of Union, SC 300 E. Main St., Box 190 Union, SC 29379

Kimbrell's of Rock Hill, SC 172 W. Black St., Box 995 Rock Hill, SC 29730 (29731)*

Kimbrell's of Cheraw, SC 159 Market SI. Cheraw, SC 29520

Kimbrell's of Florence, SC 135 S. Dargan St., Box 1868 Florence, SC 29506 (29503)*

Kimbrell's of Belton, SC 414 S. Main St, PO Box 705 Belton, SC 29627

Kimbrell's of Hartsville, SC 130 E. Carolina Ave., Box 939 Hartsville, SC 29550 (29551)*

Kimbrell's Of Asheboro, NC 608 N. Fayetteville St. Asheboro, NC 27203

Kimbrell & Sons 2300 Marshall SI. Columbia, SC 29203

Kimbrell's of Seneca, SC 221 Main St., Box 1201 Seneca, SC 29678 (29679)*

Kimbrell's of Chester, SC 115 Main St., Box 267 Chesier, SG 29706

Kimbrell's of Siler City, NC 129 S. Second M:Vtj'l Box 626 Siler City, NC 27344

Kimbrell's of Anderson, SC· 509 N. Main St., Bo)( 1011 Anderson, SC 29621 (29622)*

~ip codes in parentheses are for box numbers that have a different zip code than street address.

cbb United States District Court
for the Western District of North Carolina
October 20, 2003
* * MAILING CERTIFICATE OF CLERK * *
Re: 5:02 cv-00101
True and correct copies of the attached were mailed by the clerk to the following:
Kirk J. Angel, Esq. Equal Employment Opportunity Commission 129 West Trade St. Suite 400 Charlotte, NC 28202-2799
Lynette A. Barnes, Esq. Equal Employment Opportunity Commission 129 W. Trade St. Suite 400 Charlotte, NC 28202-2799
Bobby C. Simpson, Esq. Equal Employment Opportunity Commission 129 W. Trade St. Suite 400 Charlotte, NC 28202-2799
William H. Sturges, Esq. Shumaker, Loop & Kendrick 128 S. Tryon St. Suite 1800 Charlotte, NC 28202
David P. Parker, Esq. P. O. Box 112 Statesville, NC 28687

cc: Judge Magistrate Judge u.s. Marshal Probation U. S. Attorney Atty. for Deft. Defendant Warden Bureau of prisons Court Reporter Courtroom Deputy Orig Seeuri ty Bankruptcy Clerk's Ofe. Other_________________
Date: IC-2o-03

Frank G. Johns, Clerk
By: &w !3 t3c-t(CJI al{/) Depu Clerk

 
 CM/ECF - LIVE DATABASE - NCWD - Docket Report

https://ecf.ncwd.uscourts.gov/cgi-bin/DktRpt.pl?458730700932822-L_...

U.S. District Court Western District of North Carolina (Statesville) CIVIL DOCKET FOR CASE #: 5:02-cv-00101

CLOSED

EEOC v. Furniture Dist Inc, et al Assigned to: Richard Voorhees Demand: $0 Cause: 42:2000 Job Discrimination (Sex) Plaintiff Equal Employment Opportunity Commission
1 of 5

Date Filed: 08/30/2002 Date Terminated: 10/20/2003 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Bobby C. Simpson Equal Employment Opportunity Commission Charlotte District Office 129 West Trade Street Suite 400 Charlotte, NC 28202 704-334-6885 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kirk J. Angel Equal Employment Opportunity Commission Charlotte District Office PO Box 692 Harrisburg, NC 28075 704/455-3311 Fax: 704/973-7859 Email: kirk@theangellawfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Lynette A. Barnes Equal Employment Opportunity Commission Charlotte District Office 129 W. Trade Street, Suite 400 Charlotte, NC 28202 704.344.6878 Fax: 704.344.6780 Email: lynette.barnes@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mindy E. Weinstein
5/31/2007 2:39 PM

CM/ECF - LIVE DATABASE - NCWD - Docket Report
Intervenor Plaintiff Robin W. Drye
V. Defendant Furniture Distributors, Inc.
Defendant Kimbrell's of Statesvile, N.C., Inc.
Defendant Kimbrell's, Incorporated collectively doing business as Kimbrell's Furniture Intervenor Defendant Furniture Distributors, Inc.
2 of 5

https://ecf.ncwd.uscourts.gov/cgi-bin/DktRpt.pl?458730700932822-L_...
Equal Employment Opportunity Commission Charlotte District Office 129 West Trade Street Suite 400 Charlotte, NC 28202 704-334-6885 TERMINATED: 08/07/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David P. Parker P. O. Box 112 Statesville, NC 28687 (704) 871-0300 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by William H Sturges Shumaker, Loop & Kendrick Suite 1800, 128 S. Tryon St. Charlotte, NC 28202 704 375-0057 Fax: 704 332-1197 Email: wsturges@slk-law.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by William H Sturges (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by William H Sturges (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by William H Sturges (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
5/31/2007 2:39 PM

CM/ECF - LIVE DATABASE - NCWD - Docket Report

https://ecf.ncwd.uscourts.gov/cgi-bin/DktRpt.pl?458730700932822-L_...

Intervenor Defendant Kimbrell's of Statesvile, N.C., Inc.
Intervenor Defendant Kimbrell's, Incorporated
Movant Robin W. Drye

represented by William H Sturges (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by William H Sturges (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David P. Parker (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 08/30/2002 08/30/2002 10/02/2002
10/29/2002 10/29/2002 10/30/2002 10/30/2002 12/17/2002 12/20/2002 04/04/2003

#

Docket Text

1 COMPLAINT Filing Fee - Waived (cbb) Modified on 09/05/2002 (Entered: 09/05/2002)
2 CONSENT/REFUSAL to Magistrate Jurisdiction by EEOC - Consent (cbb) (Entered: 09/05/2002)
3 WAIVER OF SERVICE Returned Executed as to Furniture Dist Inc, Kimbrell's of Stvl, Kimbrell's Inc 8/30/02 Answer due on 10/29/02 for Kimbrell's Inc, for Kimbrell's of Stvl, for Furniture Dist Inc (cbb) (Entered: 10/02/2002)
4 ANSWER to Complaint by Furniture Dist Inc, Kimbrell's of Stvl, Kimbrell's Inc; w/cs (cbb) (Entered: 10/30/2002)
5 CONSENT/REFUSAL to Magistrate Jurisdiction by Furniture Dist Inc, Kimbrell's of Stvl, Kimbrell's Inc - Refusal (cbb) (Entered: 10/30/2002)
6 CASE reassigned to Judge Richard L. Voorhees - notice of reassignment mailed to parties. (cbb) (Entered: 10/30/2002)
CASE REFERRED to Magistrate Judge H. B. McKnight (cbb) (Entered: 10/30/2002)
7 NOTICE of Attorney Appearance for EEOC by Lynette A. Barnes (cbb) (Entered: 12/18/2002)
8 MOTION to Intervene by Robin W. Drye referred to: Magistrate Judge H. B. McKnight cc: HBM (cbb) (Entered: 12/20/2002)
9 ORDER granting [8-1] motion to Intervene by Robin W. Drye Clk directed to file Intv Cmp ( signed by Magistrate Judge H. B. McKnight ) [EOD DATE: 4/4/03] cc: attys of record (cbb) (Entered: 04/04/2003)

3 of 5

5/31/2007 2:39 PM

CM/ECF - LIVE DATABASE - NCWD - Docket Report

https://ecf.ncwd.uscourts.gov/cgi-bin/DktRpt.pl?458730700932822-L_...

04/04/2003 04/15/2003 04/25/2003
06/02/2003 07/08/2003 08/07/2003 08/14/2003 08/22/2003 08/22/2003 10/20/2003
10/20/2003 11/14/2003

10 Intervenor's COMPLAINT by Robin W. Drye against Furniture Dist Inc, Kimbrells Stvl Inc, Kimbrells Inc; w/cs (cbb) (Entered: 04/04/2003)
11 Certificate of I.A.C. by plaintiff EEOC, defendant Furniture Dist Inc, defendant Kimbrells Stvl Inc, defendant Kimbrells Inc, movant Robin W. Drye cc: HBM (tme) (Entered: 04/15/2003)
12 INITIAL PRETRIAL ORDER Discovery deadline is 10/31/03 Motion filing deadline is 12/1/03 Report of Mediator due: 9/30/03 Jury Trial set for 10:00 7/6/04 before Magistrate Judge H. B. McKnight ETT: 3-4 days ( signed by Magistrate Judge H. B. McKnight ) cc: attys of record (cbb) (Entered: 04/28/2003)
13 ANSWER by Furniture Dist Inc, Kimbrells Stvl Inc, Kimbrells Inc to [10-1] intervenor complaint (tme) (Entered: 06/04/2003)
14 NOTICE by Kimbrells Stvl Inc to take deposition of Robin W. Drye on 7/22/03 @ 9:30am at law office of Parker & Howes, Statesville (tme) (Entered: 07/09/2003)
15 Substitution of Counsel terminating attorney Mindy E. Weinstein for EEOC and substituting Bobby C. Simpson (cbb) (Entered: 08/07/2003)
16 NOTICE (by notice & consent) by Kimbrells Stvl Inc to take deposition of Robin W. Drye on 8/20/03 at 9 am at law offices of Parker & Howes LLP, 242 E. Broad St., Statesville, NC (cbb) (Entered: 08/15/2003)
CASE NO LONGER REFERRED TO Magistrate Judge H. B. McKnight (cbb) (Entered: 08/27/2003)
17 ORDER, Withdrawing the Reference to Mag Judge ( signed by Judge Richard L. Voorhees ) [EOD DATE: 8/29/03] cc: attys of record (cbb) (Entered: 08/29/2003)
18 CONSENT DECREE by plaintiff EEOC, defendant Furniture Dist Inc, defendant Kimbrells Stvl Inc, defendant Kimbrells Inc, intervenor-plaintiff Robin W. Drye; all parties to bear their own costs cc: attys of record Judgment Vol: 57 Page: 7 (cbb) (Entered: 10/20/2003)
Case closed (cbb) (Entered: 10/20/2003)
19 CONSENT ORDER of Dismissal, Dismissing mtr w/prej ( signed by Judge Richard L. Voorhees [EOD DATE: 11/14/03] Judgment Volume: 57 Page: 28 cc: attys of record (cbb) (Entered: 11/14/2003)

4 of 5

PACER Service Center

Transaction Receipt

05/31/2007 15:39:29

PACER Login: hs0328

Client Code: eeoc

Description: Docket Report Search Criteria: 5:02-cv-00101

5/31/2007 2:39 PM

CM/ECF - LIVE DATABASE - NCWD - Docket Report Billable Pages: 2

https://ecf.ncwd.uscourts.gov/cgi-bin/DktRpt.pl?458730700932822-L_...

Cost:

0.16

5 of 5

5/31/2007 2:39 PM