IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
UNITED RENTAL HOMES, LLC; GERARD N. JOINER d/b/a UNITED RENTAL HOMES; and CANDICE A. JOINER d/b/a UNITED RENTAL HOMES.
Defendant.

CIVIL ACTION NO. 5"f~
COMPLAINT JURY TRIAL DEMAND

NATURE OF THE 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 employees who were adversely affected by the practices. Specifically, Plaintiff Equal Employment Opportunity Commission ("EEOC" or "Commission") alleges that Defendants United Rental Homes, LLC; Gerard N. Joiner d/b/a United Rental Homes; and Candice A. Joiner d/b/a United Rental Homes (collectively "Defendants") subjected Tara L. Jacobs, Jamie Taylor, and other similarly situated female employees to a sexually hostile work environment. The Commission further alleges that Defendants constructively discharged Tara L. Jacobs, Jamie Taylor, and other similarly situated female employees as a result of the harassment.

JURISDICTION AND VENUE 1. Jurisdiction ofthis 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(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, 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 in part within the jurisdiction of the United States District Court for the Eastern District of North Carolina.
PARTIES 3. Plaintiff EEOC is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII of the Civil Rights Act and is expressly authorized to bring this action by Sections 706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3). 4. Upon information and belief, at all relevant times, United Rental Homes, LLC has continuously been doing business in the State of North Carolina and the City of Raleigh and has continuously had at least fifteen employees. 5. Upon information and belief, at all relevant times, Defendant United Rental Homes, LLC has continuously been an employer engaged in an industry affecting commerce under Sections 701 (b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h). 6. At all relevant times, Defendant Gerard N. Joiner has conducted business under the name "United Rental Homes" and as such has done business in the State of North Carolina and the City of Raleigh, and has continuously had at least fifteen employees.
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7. At all relevant times, Defendant Gerard N. Joiner d/b/a United Rental Homes has
continuously been an employer engaged in an industry affecting commerce under Sections 701 (b),
(g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
8. At all relevant times, Defendant Candice A. Joiner has conducted business under the name "United Rental Homes" and as such has done business in the State of North Carolina and the
City of Raleigh, and has continuously had at least fifteen employees.
9. At all relevant times, Defendant Candice A. Joiner d/b/a United Rental Homes has
continuously been an employer engaged in an industry affecting commerce under Sections 701 (b),
(g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS
10. More than thirty days prior to the institution of this lawsuit, Tara L. Jacobs and Jamie
Taylor filed charges with the Commission alleging violations of Title VII of the Civil Rights Act of
1964, by Defendants. All conditions precedent to the institution of this lawsuit have been fulfilled.
11. From at least July 2003, and possibly earlier, Defendants engaged in unlawful
employment practices at their offices in Raleigh, North Carolina and other locations, in violation of
Section 703(a)(1) of Title VII, 42 U.S.C. § 2000e-2(a)(1), as set forth below:
a. Defendants subjected Tara L. Jacobs, Jamie Taylor, and other similarly situated female employees to sexual harassment and a sexually hostile work environment based on their sex, female. The harassment included, but was not limited to, unwelcome sexual advances, comments and touching by United Rental Homes’ male owner, who was in direct authority over Ms. Jacobs, Ms. Taylor, and the other similarly situated female employees affected by the harassment.
b. Defendants constructively discharged Tara L. Jacobs, Jamie Taylor, and other similarly situated female employees by maintaining a sexually hostile work environment and by persistently failing to take appropriate action to stop the harassment.
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12. The effect of the practices complained of in paragraph 11 above has been to deprive Tara L. Jacobs, Jamie Taylor, and other similarly situated female employees of equal employment opportunities and otherwise adversely affect their status as employees because of their sex, female.
13. The unlawful employment practices complained of in paragraph 11 above were intentional.
14. The unlawful employment practices complained of in paragraph 11 above were done with malice or with reckless indifference to the federally protected rights of Tara L. Jacobs, Jamie Taylor, and other similarly situated female employees.
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 it, from sexual harassment or any other employment practice that discriminates on the basis of sex and from retaliating against employees who oppose unlawful discrimination or participate in an investigation of unlawful discrimination. B. Order Defendants to institute and carry out policies, practices, and programs that 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 Tara L. Jacobs, Jamie Taylor, and other similarly situated female employees 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.
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D. Order Defendants to make whole Tara L. Jacobs, Jamie Taylor, and other similarly

situated female employees by providing compensation for past and future pecuniary losses resulting

from the unlawful employment practices described in paragraph 11 above, including but not limited

to medical expenses, in amounts to be determined at trial.

E. Order Defendants to make whole Tara L. Jacobs, Jamie Taylor, and other similarly

situated female employees by providing compensation for past and future non-pecuniary losses

resulting from the unlawful practices complained of in paragraph 11 above, including but not limited

to emotional pain, suffering, inconvenience, loss of enjoyment of life, humiliation, loss of self-

esteem and loss of civil rights, in amounts to be determined at trial.

F. Order Defendants to pay Tara L. Jacobs, Jamie Taylor, and other similarly situated

female employees punitive damages for their malicious and reckless conduct, as described above,

in amounts to be determined at trial.

Go

Grant such further relief as the Court deems necessary and proper in the public

interest.

H. 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 complaint.

DATED this the ~ day of [xA~a,rt.Jo- 2005.

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

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

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)

Plaintiff,

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v.

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1

UNITED RENTAL HOMES, LLC;

)

GERARD N. JOINER d/b/a UNITED

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RENTAL HOMES; and CANDICE A., )

JOINER d/b/a UNITED RENTAL HOMES )

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Defendants.

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ORDER

This matter is before the Court on Plaintiffs Motion for Default Judgment. In their motion, Plaintiffs seek default judgment against Defendants United Rental Homes, LLC; Gerard Joiner, d/b/a United Rental Homes; and Candice A. Joinder, d/b/a United Rental Homes.
Plaintiff brought this action on March 10,2005, alleging in the Complaint that Defendants subjected Tara L. Jacobs, Jamie Taylor and other similarly situated female employees to a sexually hostile work environment, and constructively discharged the female employees as a result of the harassment. Defendants failed to answer or otherwise plead in response to Plaintiffs Complaint, and on December 29,2005, the Clerk of Court entered default against Defendants. Plaintiff subsequently filed a Motion for Default Judgment, and a hearing on the motion was held on April 12,2006 before the undersigned, with none of the Defendants present.
Finding default judgment warranted under Federal Rule of Civil Procedure 55(b),

Plaintiffs Motion is GRANTED, and the Clerk of Court is hereby ORDERED to enter a Judgment of Default against Defendants United Rental Homes, LLC; Gerard Joiner, d/b/a United Rental Homes; and Candice A. Joinder, d/b/a United Rental Homes.
Rule 55 provides that the Court may take evidence in order to determine the amount of damages. Fed. R. Civ. P. 55(b). Based on the evidence adduced at the hearing, the Court awards Ms. Jacobs and Ms. Taylor the following damages: 1. Tara Jacobs is awarded $1,575 in back pay, plus $200 withheld fiom her last paycheck,
plus interest. Ms. Jacobs is further awarded $20,000 in compensatory damages, and $30,000 in punitive damages. 2. Jamie Taylor is awarded $1,400 in back pay, plus $100 withheld from her last paycheck, plus interest. Ms. Taylor is further awarded $20,000 in compensatory damages, and $30,000 in punitive damages
CONCLUSION For the reasons stated above, the Clerk of Court is DIRECTED to enter default judgment against Defendants United Rental Homes, LLC; Gerard Joiner, d/b/a United Rental Homes; and Candice A. Joinder, d/b/a United Rental Homes. Tara Jacobs is hereby awarded $51,775, and Jamie Taylor is awarded $51,500, plus interest on payments owed, against the defaulting Defendants. SO ORDERED. ~ h i s J day of August, 2006.

 
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CLOSED, Jury Trial, USMJ_Dever
U.S. District Court EASTERN DISTRICT OF NORTH CAROLINA (Western Division)
CIVIL DOCKET FOR CASE #: 5:05-cv-00166-BO

Equal Employment v. United Rental Homes, et al Assigned to: Judge Terrence W. Boyle Demand: $0 Cause: 42:2000 Job Discrimination (Sex)

Date Filed: 03/10/2005 Date Terminated: 08/08/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Kerith Cohen Equal Employment Opportunity Commission 1309 Annapolis Dr. Raleigh, NC 27608 919-865-4148 Email: kerith.cohen@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lynette A. Barnes EEOC/ Charlotte District Officed 129 West Trade St. Suite 400 Charlotte, NC 28202-5306 704-344-6878 Fax: 704-344-6780 Email: lynette.barnes@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant United Rental Homes, LLC
Defendant Gerard N. Joiner doing business as United Rental Homes, .
Defendant Candice A. Joiner doing business as

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Date Filed 03/10/2005 03/10/2005 03/10/2005 07/07/2005 07/11/2005 09/02/2005 09/09/2005 11/22/2005
12/29/2005 02/09/2006
03/08/2006
03/22/2006

#

Docket Text

1 Complaint filed - Civil Rights: Employment. JURY DEMAND (ai) (Entered: 03/10/2005)
(ai) (Entered: 03/10/2005)
Summons(es) issued for Gerard N. Joiner, Candice A. Joiner (ai) (Entered: 03/10/2005)
2 Motion by Equal Employment to extend time to serve defendants cy to Clerk (iw) (Entered: 07/08/2005)
3 Order granting [2-1] motion to extend time to serve defendants. Plaintiff has through 9/8/05 to make service. signed by Borch, Clerk. served. (js) (Entered: 07/17/2005)
4 Second Motion by Equal Employment to extend time to serve defendants cy to Clerk (iw) (Entered: 09/06/2005)
5 Order granting [4-1] motion to extend time to serve defendants. Plaintiff has through 10/17/05 to serve defendants. signed by Borch, Clerk. served. (js) (Entered: 09/11/2005)
6 MOTION for Entry of Default by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1: Affidavit of Service# 2 Exhibit 2: Affidavit of Service# 3 Exhibit 3: Affidavit# 4 Exhibit 4: Affidavit# 5 Exhibit 5: Affidavit of Publication# 6 Text of Proposed Order proposed order)(Cohen, Kerith) (Entered: 11/22/2005)
7 ORDER granting 6 Motion for Entry of Default. Signed by Fred L. Borch, III, Clerk of Court on 12/29/05. Served on all counsel. (Deputy Clerk, BRB) (Entered: 12/29/2005)
8 MOTION for Default Judgment as to by Equal Employment Opportunity Commission. (Attachments: # 1 Affidavit in Support of Mtn for Default Judgment# 2 Attachments to Affidavit in Support of Mtn. for Default Judgment# 3 Text of Proposed Order Granting Plaintiff's Motion for Default Judgment and Request for Hearing on Damages)(Cohen, Kerith) (Entered: 02/09/2006)
9 ORDER re8 Motion for Default Judgment. The Clerk of Court sahll schedule and notice a hearing to be conducted at 11:00 a.m. during the Court's March 27, 2006 term of Court in Elizabeth City, North Carolina. This hearing is scheduled to determine the issue of damages in the underlying matter, pursuant to Rule 55(b)(2) of the Federal Rules of Civil Procedure. Signed by Judge Terrence W. Boyle on 3/8/06. Served on all counsel. (Deputy Clerk, BRB) (Entered: 03/13/2006)
10 NOTICE of Hearing. Hearing set for 3/27/2006 11:00 AM in Elizabeth City, North Carolina, Second Floor Courtroom before Judge Terrence W. Boyle. Served on all parties.(Deputy Clerk, BRB) (Entered: 03/22/2006)

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03/22/2006 03/23/2006 03/28/2006 03/28/2006 04/12/2006
08/08/2006
08/08/2006

11 CORRECTED NOTICE of Hearing. Hearing set for 3/27/2006 11:00 AM in Elizabeth City, North Carolina Second Floor Courtroom before Judge Terrence W. Boyle. The reason for the corrected notice is that the original Notice of Hearing had the incorrect case number.(Deputy Clerk, BRB) (Entered: 03/22/2006)
12 MOTION to Continue by Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order Order granting motion to continue)(Cohen, Kerith) (Entered: 03/23/2006)
13 ORDER granting 12 Motion to Continue. This matter has been continued until April 12, 2005 at 2pm in Court 1, Seventh Floor,Terry Sanford Federal Building in Raleigh. Signed by Judge Terrence W. Boyle on 3/26/06. (Deputy Clerk, BRB) (Entered: 03/28/2006)
14 NOTICE of Hearing: Hearing on damages scheduled for April 12, 2006 at 2:00 pm in Courtroom #1, 7th Floor, Terry Sanford Federal Building, Raleigh, NC. (Deputy Clerk, BRB) (Entered: 03/28/2006)
Minute Entry for proceedings held before Judge Terrence W. Boyle : Motion Hearing held on 4/12/2006 re 8 MOTION for Default Judgment as to filed by Equal Employment Opportunity Commission. Kerith Cohen, Attorney for Plaintiff; Plaintiff called Tara Jacobs and Ed Nowlin to testify. Plaintiff's counsel presented to Court an Affidavit by Jamie Taylor, Plaintiff, who lives in California and could not be present at the hearing. Court awards Tara Jacobs $1,575 in back pay plus $200 withheld from her last paycheck plus interest. Ms. Jacobs is further awarded $20,000 in actual compensatory damages and $30,000 punitive damages. Ms. Taylor is awarded $1,400 in backpay plus $100 withheld from her last paycheck plus interest. $20,000 in actual compensatory damages and $30,000 punitive damages. (Court Reporter Sharon Kroeger.) (Deputy Clerk, BRB) (Entered: 04/12/2006)
15 ORDER re 8 MOTION for Default Judgment as to filed by Equal Employment Opportunity Commission. Tara Jacobs is awarded $1,575 in back pay, plus $200 withheld from her last paycheck, plus interest. Ms. Jacobs is further awarded $20,000 in compensatory damages, and $30,000 in punitive damages. Jamie Taylor is awarded $1,400 in back pay, plus $100 withheld from her last paycheck plus interest. Ms. Taylor is further awarded $20,000 in compensatory damages, and $30,000 in punitive damages. The Clerk of Court is DIRECTED to enter default judgment against Defendants United Rental Homes, LL: Gerard Joiner, d/b/a United Rental Homes and Candice A. Joiner d/b/a United Rental Homes. Tara Jacobs is hereby awarded $51,775 and Jamie Taylor is awarded $51,500 plus interest on payments owed against the defaulting Defendants. Signed by Judge Terrence W. Boyle on 8/3/06. (Deputy Clerk, BRB) (Entered: 08/08/2006)
16 DEFAULT JUDGMENT in favor of Plaintiff against United Rental Homes, LLC, Gerard N. Joiner, Candice A. Joiner. IT IS ORDERED, ADJUDGED AND DECREED that Plaintiff?s Motion is GRANTED. Tara Jacobs is awarded $1,575 in back pay, plus $200 withheld from her last paycheck, plus interest. Ms. Jacobs is further awarded $20,000 in compensatory damages and $30,000 in punitive damages. Jamie Taylor is awarded $1,400 in back pay, plus $100 withheld from her last paycheck, plus interest. Ms. Taylor is further awarded $20,000 in compensatory damages and $30,000 in punitive damages. Tara Jacobs is hereby

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awarded $51,775 and Jamie Taylor is awarded $51,500, plus interest on payments owed, against the defaulting defendants. Signed by Clerk of Court on 8/8/06. (Deputy Clerk, BRB) (Entered: 08/08/2006)
17 CERTIFIED COPY OF DEFAULT JUDGMENT (Deputy Clerk - BRB, ) (Entered: 09/06/2006)

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