EIL O C, RLO r ,

IN THE UNITED STATES DISTRICT COURT ~[P 2 9 2~ FOR THE WESTERN DISTRICT OF NORTH CAROLINA

CHARLOTTE DIVISION

U.S. D!ZTR!CT COURT

EQUAL EMPLOYMENT OPPORTUNITY

)

W, DiSh CF N,C.

COMMISSION,

)

) CIVIL ACTION NO. ~"OOcV ~?0-/~

Plaintiff,

)

)

V.

) COMPLAINT

)

KNIFE AND FORK

)

ON SHARON AMITY, INC.,

)

JURY TRIAL DEMAND

)

Defendant.

)

)

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 and to provide

appropriate relief to Debra Hunter, Tamara R. Kelly and other

similarly-situated female employees of Defendant, who were

adversely affected by such practices. As alleged with more

particularity below, certain female employees were subjected to

unwelcome sexual harassment by a male supervisor of Knife and

Fork on Sharon Amity, Inc. ("Knife and Fork") and were forced to

resign because of the harassment.

JURISDICTION 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(f) (i) and (3)

of Title VII of the Civil Rights Act of 1964 ("Title VII"), as

amended, 42 U.S.C. § 2000e-5(f) (i) and (3), and pursuant to

JURY TRIAL DEMAND

The Commission requests a jury trial on all questions of

fact raised by~~mpl aint.

Dated this

day of September, 2000.

C. GREGORY STEWART General Counsel

GWENDOLYN YOUNG REAMS Associate General Counsel

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
1801 "L" Street, N.W. Washington, D.C. 20507

¯ ~E~TEIJ Regional Attorney

q/LAURA A. BRODEUR

// Senior~Trial A’ttofney

~~
&/

COMMI S S I ON
129 West Trade Street Suite 400 Charlotte, NC 28202 (704) 344-6889

 
 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION 3:00-CV-490

02 NOV -4 Mill: 55

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W r " I.", ,,!," ,

, , ' ,-',' ,-.JI .. I

W. DiST C,: .,C.

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

KNIFE AND FORK ON SHARON

)

AMITY, INC.,

)

)

Defendant.

)

ORDER

THIS MATTER comes before the Court upon its own motion.

The complaint in this case was filed by the EEOC on September 29, 2000. The Defendant never filed a responsive pleading. Therefore the EEOC moved for, and the clerk entered, Defendant's default under Fed. R. Civ. P. 55(a) on March 15,2001. Since that time, the EEOC has failed to take any action in the prosecution of its claims, including failing to file a motion for a default judgment under Fed. R. Civ. P. 55(b).

I. THEREFORE, IT IS HEREBY ORDERED, that this case is DISMISSED for failure to

prosecute.

j

This, the Way of November, 2002.
7U~IIAMC.MU~~~~~-­

CHIEF UNITED STATES DISTRICT JU GE

iO

clc United States District Court
for the Western District of North Carolina
November 5, 2002
* * MAILING CERTIFICATE OF CLERK * *
Re: 3:00-cv-00490
Truc and correct copies of the attached were mailed by the clerk to the following:
Erania M. Ebron-Fubara, Esq. Equal Employment Opportunity Commission 129 W. Trade St. Suite 400 Charlotte, NC 28202-2799

cc:

Judge

Magistrate Judge

U.S. Marshal

Probation

U.S. Attorney

Atty.

Deft.

Defendant

Warden

Bureau of Prisons

Court Reporter

Courtroom Deputy

Orig-Security

Bankruptcy Clerk's afc.

ather_________________

Date:

 
 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION 3:00-CV-490

U 'I

.,.1,1

l~'~;, Gl,") i. :,,·i: ltC.

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

KNIFE AND FORK ON SHARON AMITY

)

INC.,

)

)

Defendant.

)

ORDER

THIS MATTER comes before the Court upon Plaintiff's motion to reconsider, filed November 19,2002.
The Court dismissed Plaintiff's complaint for fai lure (0 prosecute on November 4, 2002. The complaint in this case was filed by the EEOC on September 29, 2000. The Defendant never filed a responsive pleading. Therefore the EEOC moved for, and the clerk entered, default against Defendant under Fed. R. Civ. P. 55(a) on March 15,2001. Between March 15,2001 and November 4,2002, the EEOC failed to take any action in the prosecution of its claims in this case, including failing to file a motion for a default judgment under Fed. R. Civ. P. 55(b).
The Court believes that dismissal was, and still is, the appropriate remedy for the Plaintiff's inexcusable neglect of this case. The degree of personal responsibility for the delay is absolute. Herbert v. Saffell, 877 FJd 267, 270 (4th Cif. 1989). The EEOC simply allowed this case to fall through the cracks. The amount of prejudice to the defendant, to tbe extent that any defendant still exists, caused by the delay was great because such a significant time had passed since the alleged illegal conduct. ld. The EEOC had completely neglected to proceed with the

11-

case until contacted by the Court requesting a status update. Therefore, Plaintiff has demonstrated a history of proceeding in a dilatory fashion. ld. Finally, as there has been no response from the Defendant to the complaint, dismissal is the only available, and the most appropriate, sanction. lei.
THEREFORE, IT IS HEREBY ORDERED that Plaintiffs motion for new trial or relief fiumj"dgm'" ;, ~
This, the . ' ay of August, 2003.

clc United States District Court
for the Western District of North Carolina
August 11, 2003
* * MAILING CERTIFICATE OF CLERK * *
Re: 3:00-cv-00490
True and correct copies of the attached were mailed by the clerk to the following:
Bobby C. Simpson, Esq. Equal Employment Opportunity Commission 129 W. Trade St. Suite 400 Charlotte, NC 28202-2799
cc: Judge Magistrate Judge U.S. Marshal Probation U.S. Attorney Atty. for Deft. Defendant Warden Bureau of Prisons Court Reporter Courtroom Deputy Orig-Security Bankruptcy Clerk's Ofc. Other_________________

 
 CM/ECF - LIVE DATABASE - NCWD - Docket Report

https://ecf.ncwd.uscourts.gov/cgi-bin/DktRpt.pl?104686508377683-L_...

U.S. District Court Western District of North Carolina (Charlotte) CIVIL DOCKET FOR CASE #: 3:00-cv-00490

CLOSED

EEOC v. Knife and Fork Assigned to: Graham Mullen Demand: $0 Cause: 42:2000 Job Discrimination (Sex) Plaintiff Equal Employment Opportunity Commission
V. Defendant Knife and Fork on Sharon Amity, Inc.

Date Filed: 09/29/2000 Date Terminated: 08/21/2003 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
Erania M. Ebron-Fubara Equal Employment Opportunity Commission Charlotte District Office 129 West Trade Street Suite 400 Charlotte, NC 28202 704-334-6885 TERMINATED: 08/06/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed
09/29/2000 11/09/2000

#

Docket Text

1 COMPLAINT (former emp) (Entered: 10/02/2000)
2 WAIVER OF SERVICE Returned Executed as to Knife and Fork 10/2/00 Answer due on 12/1/00 for Knife and Fork (former emp) (Entered: 11/14/2000)

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CM/ECF - LIVE DATABASE - NCWD - Docket Report

https://ecf.ncwd.uscourts.gov/cgi-bin/DktRpt.pl?104686508377683-L_...

12/01/2000 01/12/2001
01/22/2001 01/22/2001 03/15/2001 03/21/2001
05/03/2001 11/04/2002 11/19/2002 11/19/2002
08/06/2003 08/07/2003
08/21/2003

3 CONSENT/REFUSAL to Magistrate Jurisdiction by EEOC - consent. (former emp) (Entered: 12/07/2000)
4 ORDER, set for IPC at 10:00 2/8/01 before Judge Graham C. Mullen ( signed by Judge Graham C. Mullen ) [EOD DATE: 1/17/01] (former emp) (Entered: 01/17/2001)
5 MOTION by EEOC for Entry of Default as to Knife and Fork (former emp) (Entered: 01/30/2001)
6 AFFIDAVIT of Efrania Ebron-Fubara filed by EEOC re: [5-1] motion for Entry of Default as to Knife and Fork (former emp) (Entered: 01/30/2001)
7 CLERK'S ENTRY OF DEFAULT as to Knife and Fork granting [5-1] motion for Entry of Default as to Knife and Fork (former emp) (Entered: 03/15/2001)
8 ORDER, set Jury Trial for 9:30 6/4/01 before Judge Graham C. Mullen ( signed by Judge Graham C. Mullen ) [EOD DATE: 3/27/01] (former emp) (Entered: 03/27/2001)
9 ORDER, removing case from the June 2001 trial calendar ( signed by Judge Graham C. Mullen ) [EOD DATE: 5/8/01] (former emp) (Entered: 05/08/2001)
10 ORDER, Dismissing for Want of Prosecution ( signed by Judge Graham C. Mullen ) [EOD DATE: 11/5/02] (clc) (Entered: 11/05/2002)
11 MOTION by EEOC for New Trial , or in the alt relief from jgm/to Vacate [10-1] order Dismissing for Want of Prosecution (clc) (Entered: 11/21/2002)
12 MEMORANDUM by EEOC in support of [11-1] motion for New Trial by EEOC, [11-2] motion relief from jgm/to Vacate [10-1] order Dismissing for Want of Prosecution by EEOC (clc) (Entered: 11/21/2002)
13 Substitution of Counsel terminating attorney Erania M. Ebron-Fubara for EEOC and substituting Bobby C. Simpson (clc) (Entered: 08/07/2003)
14 ORDER denying [11-1] motion for New Trial, denying [11-2] motion relief from jgm/to Vacate [10-1] order Dismissing for Want of Prosecution ( signed by Judge Graham C. Mullen ) [EOD DATE: 8/11/03] (clc) (Entered: 08/11/2003)
Case closed (bsw) (Entered: 08/21/2003)

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