CHARL0]TE, 1’,,!, C,

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

2000

STATESVILLE DIVISION

U,,.,, ~" J~S~RICT C,~URI

EQUAL EMPLOYMENT OPPORTUNITY

W. b!ST. OF N. C.

COMMISSION,

CIVIL ACTION NO. 5;OOC.V i56-

Plaintiff,

Vo

COMPLAINT

NATIONWIDE ELECTRICAL CONTRACTING, )

INC., and DOUGLAS ELECTRICAL

)

CONTRACTING, INC.,

)

)

)

Defendants.

)

)

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 Chrystal Moose Bradshaw, Janie L.

Young and other similarly-situated females who were adversely

affected by such practices. Specifically, Chrystal Moose

Bradshaw, Janie L. Young and other similarly-situated females,

were subjected to sexual harassment while working for Defendant

Douglas Electrical Contracting, Inc., and its successor,

Nationwide Electrical Contracting, Inc., and were forced to

resign because of the harassment.

JURISDICTION AND VENUE Jurisdiction of this Court is invoked pursuant to 28 §§ 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

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 (the "Commission"), is the agency of the United States of America

charged with the administration, interpretation and enforcement

of Title VII and is expressly authorized to bring this action by

Section 706(f) (i) and (3) of Title VII, 42 U.S.C. § 2000e-5(f) (i)

and (3). 4.

At all relevant times, Defendant Douglas Electrical

Contracting, Inc., (hereafter "Defendant Douglas"), has

continuously been a North Carolina corporation doing business in

the State of North Carolina and the City of Statesville, and has

continuously had at least fifteen (15) employees.

5. At all relevant times, Defendant Nationwide Electrical Contracting, Inc., (hereafter "Defendant Nationwide"), has

continuously been a North Carolina corporation doing business in the State of North Carolina and the City of Statesville, and has

continuously had at least fifteen (15) employees, on information and belief, Defendant Nationwide Electrical Contracting, Inc., is the successor corporation to Defendant Douglas Electrical Contracting, Inc.
6. At all relevant times, Defendant Douglas 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. Z§ 2000e(b), (g) and (h).
7. At all relevant times, Defendant Nationwide 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 8. More than thirty days prior to the institution of this lawsuit, Chrystal Moose Bradshaw and Janie L. Young filed separate charges with the Commission alleging violations of Title VII by Defendants. All conditions precedent to the institution of this lawsuit have been fulfilled. 9. From around September 1996 through around April 1998, Defendants engaged in unlawful employment practices at their Statesville, North Carolina facility, in violation of Section 703(a) (I) of Title VII, 42 U.S.C. § 2000e-2(a) (I). The unlawful practices included:
a) subjecting Chrystal Moose Bradshaw, Janie L. Young and
other similarly-situated females to a sexually hostile
3

work environment, including unwelcome touching, sexual advances, and sexual comments. Such conduct included, but is not limited to, Defendants’ male owner making repeated sexual advances to Chrystal Moose Bradshaw and Janie L. Young. The conduct also included repeated sexual advances made to Janie L. Young by one of Defendant’s male supervisors;
constructively discharging Chrystal Moose Bradshaw, Janie L. Young and other similarly-situated females.
i0. The effect of the practices complained of in paragraph 9 above have been to deprive Chrystal Moose Bradshaw, Janie L. Young, and other similarly-situated females of equal employment opportunities and otherwise adversely affect their status as employees, because of their sex.
ii. The unlawful employment practices complained of in paragraph 9 above were intentional.
12. The unlawful employment practices complained of in paragraph 9 above were done with malice or with reckless indifference to the federally protected rights of Chrystal Moose Bradshaw, Janie L. Young and other similarly-situated females.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Employer, its officers, successors, assigns, and all persons in active concert or participation with it, from subjecting individuals to sexual harassment and engaging in any other
4

employment practice which discriminates on the basis of sex. B. Order Defendant Employer to institute and carry out
policies, practices, and programs which provide equal employment opportunities for women, and which eradicate the effects of its past and present unlawful employment practices.
C. Order Defendant Employer to make whole Chrystal Moose Bradshaw, Janie L. Young and other similarly-situated females, by providing appropriate affirmative relief necessary to eradicate the effects of its unlawful employment practices, including appropriate backpay with prejudgement interest, in amounts to be determined at trial.
D. Order Defendant Employer to make whole Chrystal Moose Bradshaw, Janie L. Young and other similarly-situated females by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 9 above, including but not limited to medical expenses, in amounts to be determined at trial.
E. Order Defendant Employer to make whole Chrystal Moose Bradshaw, Janie L. Young and other similarly-situated females by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 9 above, including but not limited to emotional pain, suffering, inconvenience, loss of enjoyment of life and humiliation and deprivation of civil rights, in amounts to be determined at
5

trial. F. Order Defendant Employer to pay Chrystal Moose
Bradshaw, Janie L. Young and other similarly-situated females punitive damages for its malicious and reckless conduct, as described in paragraph 9 above, in amounts to be determined at trial.
G. 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.
C. GREGORY STEWART General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION 1801 "L" Street, N.W. Washington, D.C. 20507
Regional Attorney

//Se~_~or ~l ~t~ ~
~// ~de~al ~r No. 24~6
COMMI S S ION 129 West Trade Street Suite 400 Charlotte, NC 28202 (704) 344-6889

 
 UNITED STATESDISTRICTCOURT WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

Plaintiff,

)

)

and

)

)

CHRYSTAL BRADSHAW,

)

)

lntervenor,

CIVIL ~TION 5:00CV156-H
AMENDED COMPLAINT

JURY TRIAL DEMAND

NATIONWIDE ELECTRICAL CONTRACTING, INC., DOUGLAS ELECTRICAL CONTRACTING, INC., MARY F. BLACK and FRANKLIN D. BLACK, JR.,
Defendants.

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 Chrystal Moose Bradshaw, Janie L. Young and other similarlysituated females who were adversely affected by such practices. Specifically, Chrystal Moose Bradshaw, Janie L. Young and other similarly-situated females, were subjected to sexual harassment while working for Defendants Douglas Electrical Contracting, Inc. ("DECI"); its successor; Nationwide Electrical Contracting, Inc.("NECI"); and both DECI’s and NECI’s alter egos, Mary F. Black and Franklin D. Black, Jr. In addition, Chrystal Moose Bradshaw, Janie L. Young and other similarly-situated females were forced to resign because of the harassment.

JURISDICTION AND VENUE l. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451,133 I, 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 ("Title VII"), as amended, 42 U.S.C. § 2000e-5(f)(1) and (3), and pursuant to 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 Plaintift; the Equal Employment Opportunity Commission (the "Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII and is expressly authorized to bring this action by Section 706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3). 4. At all relevant times, DECI has continuously been a North Carolina corporation doing business in the State of North Carolina and the City of Statesville, and has continuously had at least fifteen (15) employees. 5. At all relevant times, NECI has continuously been a North Carolina corporation doing business in the State of North Carolina and the City of Statesville, and has continuously had at least fifteen (15) employees. 6. At all relevant times, DECI 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). 7. At all relevant times, NECI has continuously been an employer engaged in an industry
2

affecting commerce under Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
g. At all relevant times, Defendants Mary F. Black and Franklin D. Black, Jr. have been "alter egos" of Defendants DECI and NECI. As a result, Mary F. Black and Franklin D. Black, Jr. have been joined as individual defendants in this action.
STATEMENT OF CLAIMS 9. More than thirty days prior to the institution of this lawsuit, Chrystal Moose Bradshaw and Janie L. Young filed separate charges with the Commission alleging violations of Title VII by Defendants. All conditions precedent to the institution of this lawsuit have been fulfilled. 10. From around September I996 through around April 1998, Defendants engaged in unlawful employment practices at their Statesville, North Carolina facility, in vioIation of Section 703 (a)(1) of Title ¥II, 42 U.S.C. § 2000e-2(a)(1). The unlawful practices included: a) subjecting Chrystal Moose Bradshaw, 3anie L. Young and other similarly-situated
females to a sexually hostile work environment, including unwelcome touching, sexual advances, and sexual comments. Such conduct included, but is not limited to, Defendants’ male owner making repeated sexual advances to Chrystal Moose Bradshaw and Janie L. Young. The conduct also included repeated sexual advances made to janie L. Young by one of Defendants’ male supervisors;
b) constructively discharging Chrystal Moose Bradshaw, 3anie L. Young and other similarly-situated females.
11. The effect of the practices complained of in paragraph 10 above have been to deprive Chrystal Moose Bradshaw, Janie L. Young, and other similarly-situated females of equal employment opportunities and otherwise adversely affect their status as employees, because of their sex.
3

12. The unlawful employment practices complained of in paragraph 10 above were intentional.
13. The unlawful employment practices complained of in paragraph I 0 above were done with malice or with reckless indifference to the federally protected rights of Chrystal Moose Bradshaw, Janie L. Young and other similarly-situated females.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permmaent injunction enjoining Mary F. Black, Franklin D. Black, Jr., DECI, NECI and their officers, successors, assigns, and all persons in active concert or participation with them, from subjecting individuals to sexual harassment and engaging in any other employment practice which discriminates on the basis of sex. B. Order Mary F. Black, Franklin D. Black, Jr., DECI and NECI to institute and carry out policies, practices, and programs which provide equal employment opportunities for women, and which eradicate the effects of its past and present unlawful employment practices. C. Order Mary F. Black, Franklin D. Black, Jr., DECI and NECI to make whole Chrystal Moose Bradshaw, Janie L..Young and other similarly-situated females, by providing appropriate affirmative relief necessary to eradicate the effects of its unlawful employment practices, including appropriate backpay with prejudgement interest, in amounts to be determined at trial. D. Order Mary F. Black, Franklin D. Black, Jr., DECI and NECI to make whole Chrystal Moose Bradshaw, Janie L. Young and other similarly-situated females by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 10 above, including but not limited to medical expenses, in
4

amounts to be determined at trial. E. Order Mary F. Black, Franklin D. Black, Jr., DECI and NECI to make whole
Chrystal Moose Bradshaw, Janie L. Young and other similarly-situated females by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 10 above, including but not limited to emotional pain, suffering, inconvenience, loss of enjoyment of life and humiliation and deprivation of civil rights, in amounts to be determined at trial.
F. Order Mary F. Black, Franklin D. Black, Jr., DECI and NECI to pay Chrystal Moose Bradshaw, Janie L. Young and other similarly-situated females punitive damages for its malicious and reckless conduct, as described in paragraph 10 above, in amounts to be determined at trial.
G. 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 day of November, 2001.
GWENDOLYN YOUNG REAMS Associate General Counsel EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION 1801 "L" Street, N.W.
LYNETTE A.~ARNES Acting Regional Attorney

KAR~ GIBBC~ HADEN Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
129 West Trade Street, Suite 400 Charlotte, NC 28202 Phone: 704-344-6885 Facsimile: 704-344-6780

CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Amended Complaint was this date served upon all counsel of record by placing a copy of the same in the United States Mail, postage prepaid, and sent to their last known address as follows:
Defendant Douglas Electrical Contracting, Inc. DOUGLAS ELECTRICAL
CONTRACTING, INC. c/o Mary F. Black, President 9216 Westmoreland Road, Suite A Cornelius, NC 28031 Defendant Nationwide Electrical Contracting, In.c. NATIONWIDE ELECTRICAL
CONTRACTING, INC. c/o Mary F. Black, President 9216 Westmoreland Road, Suite A Cornelius, NC 28031 Counsel for Intervenor Louis L. Lesesne, Jr. LESESNE & CONNETTE 1001 Elizabeth Avenue, Suite 1-D Charlotte, NC 28204-2234 This the ~’4"-day of November, 2001.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
KA~ ~3IBI~ON HXI~E’N " Trial Attorney
7

 
 UNITED STATES DISTRICT COURT

EQU~ EMPLOYMENT OPPORTUNI~ COMMISSION,
Plaintiff,

Ujg,~[

CHRYSTAL BRADSHAW, Plaintiff-Intervenor,
V.
NATIONWIDE ELECTRICAL CONTRACTING INC. and DOUGLAS ELECTRICAL CONTRACTING INC.,
Defendants. COMPLAINT IN INTERVENTION
Plaintiff-Intervenor Chrystal Bradshaw alleges: 1. This action is brought under Title VII of the Civil Rights Act of 1964 (as amended), seeking legal and equitable relief from the defendants’ unlawful employment practices on the basis of sex, and to make plaintiff-intervenor whole for losses sustained as a result of defendants’ illegal practices. The Court has jurisdiction under 28 U.S.C. §§ 1331, 1337, 1343 and 1345, and § 70603(3) of Tide VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(3), (hereinafter referred to as "Title VII"). The Court has supplemental jurisdiction under 28 U.S.C. § 1367(a) over clahns which arise under North Carolina law, those claims being so related to the claims over which the Court has original jurisdiction that they form part of the same case or controversy under Article III of the United States Constitution. 2. Plaintiff Equal Employment Opportunity Commission (the "Commission") is an agency of the United States of America charged with the administration, interpretation and

enforcement of Title VII and is authorized to bring this action by § 706(f)(1) of Title VII, 42 U.S.C. § 2000e-5(~)(1).
3. Plainriff-intervenor Chrystal Bradshaw is an adult female citizen of the United States who resides in Iredell County, North Carolina. Plaintiff-intervenor is entitled to intervene as a matter of right, pursuant to § 706(f)(1) of Title VII, 42 U.S.C. § 2000e-5(f)(1).
4. At all relevant times, defendants Nationwide Electrical Contracting Inc. and Douglas Electrical Contracting Inc. (hereinafter referred to as the "corporate defendants") have continuously been North Carolina corporations doing business in North Carolina, subject co the jurisdiction of the Court. Defendants’ primary place of business is located in Iredell County, North Carolina.
5. Defendants have continuously had at least 15 employees in each of 20 or more calendar weeks during each year pertinent to plaintiff-intervenor’s claims. They are employers engaged in an industry affecting commerce, as defined by §§ 701(b), (g) and (h) of Title VII, 42 U.S.C. § 2000e(b), (g) and (h).
6. PlaintLf-f-intervenor was employed by the defendants in September 1996. She continued in that position until she was constructively discharged on April 22, 1998.
7. Upon information and belief, the two corporate defendants are alter egos of the other and have been operated in such a way as to avoid their legitimate debts and obligations. The corporate defendants are there equally culpable for the wrongs alleged below.
8. Throughout the period ofplaintiff-intervenor’s employment, the defendants, acting through their primary owner and chief executive officer, Franklin D. Black, Jr., created an unwelcome and hostile working environment by subjecting her to a series of unwelcome and unsought kisses, hugs, touching and lurid comments.
9. Upon information and belief, the said Franklin D. Black, Jr., is the alter ego of the

two corporate defendants, and plaintiff-in~ervenor is entitled to pursue her claims against Black individually and in his capacity as alter ego for the corporate defendants.
10. More than thirty days prior to the institution of this lawsuit, plaintiff-intervenor filed a timely charge of discrimination with the Commission, alleging violations of Title VII by the defendants. All conditions precedent to the institution of this action have been fulfilled.
11. Defendants’ actions have deprived plaintiff-intervenor of equal employment opportunities and have otherwise adversely affected her status as as an employee because of her sex.
12. As a proximate result of the defendants’ actions, plaintiff-intervenor has been damaged, in incurring lost wages, embarrassment, humiliation, physical illness and emotional distress.
13. The defendants’ actions have caused plaintiff severe emotional distress. 14. The defendants’ actions are outrageous and exceed all bounds of civilized conduct. 15. Plaintiff-intervenor is entitled to recover punitive damages from the defendants.
FIRST CLAIM FOR RELIEF 16. Defendants’ actions violate § 703(a) of Title VII, 42 U.S.C. § 2000e-2(a).
SECOND CLAIM FOR RELIEF 17. Defendants’ actions constitute intentional infliction of emotional distress under North Carolina law.
THIRD CLAIM FOR RELIEF i8. Defendants’ actions constitute wrongful discharge in violation of North Carolina public policy, in violation of G.S. § 143-422.2. WHEREFORE, plaintiff-intervenor prays the Court for relief: (a) Granting a permanent injunction enjoining the defendants, their officers, agents,
3

successors in interest and all persons in active concert or participation with them, from engaging in policies or practices which discriminate because of sex against plaintiff-intervenor in violation of Title VII;
(b) Enjoining the defendants to make plaintiff-intervenor whole by providing reinstatement, back pay, prejudgment interest, front pay, and other affirmative relief necessary to eradicate the effects of its unlawftfl practices;
(c) Awarding plaintiff-intervenor compensatory damages for all damages sustained as a result of the defendants’ illegal activities, the said liability to be charged jointly and severally to the defendants;
(d) Awarding plaintiff-intervenor punitive damages in an amount to be determined by the jury, the said liability to be charged jointly and severally to the defendants;
(e) Taxing the costs of this action, including reasonable attorney fees and expenses, against the defendants; and
(f) Granting such further relief as the Court deems necessary and proper.
Louis L.’Lesesel~, Jr. - - ~" ~ Lesesne & Connette 1001 Elizabeth Avenue, Suite I-D Charlotte, N.C. 28204-2234 704/372-5700 N.C. State Bar No. 6723 Attorney for Plaintiff-Intervenor PLAINTIFF-INTERVENOR DEMANDS TRIAL BY JURY OF ALL ISSUES OF FACT
4

CERTIFICATE OF SERVICE
I hereby certify that I have served the foregoing document on all parties by mailing copies by first-class mail to the following addresses:
Ms. Erania Ebron Fubara Equal Employment Opportunity Commission 129 W. Trade St., Suite 400 Charlotte NC 28202
Nationwide Electrical Contracting Inc. c/o Mary F. Black, Registered Agent 206-B Signal Hill Dr. Statesville NC 28677
Douglas Electrical Cot~tracting Inc. c/o Mary F. Black, Registered Agent 707 St. Cloud Dr. Statesville NC 28677.
Dated: November 29, 2000.
Louis L, Lesesne, Jr.

 
 RECEIVED
CHARLonE! N.C.
Clerk, U. S. Dist. Court W. Dist of N. C.

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION Civil Action No. 5:00CV156-H

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

and

)

)

CHRYSTAL BRADSHAW,

)

)

Intervenor,

)

)

v.

)

)

NATIONWIDE ELECTRICAL

)

CONTRACTING, INC. and DOUGLAS

)

ELECTRICAL CONTRACTING, INC.,

)

)

Defendants.

)

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

CONSENT PROTECTIVE ORDER

WHEREAS Plaintiff, the Equal Employment Opportunity Commission (''the EEOC"), Plaintiff-Intervenor, Chrystal Moose Bradshaw, Defendants, Douglas Electrical Contracting, Inc. and Nationwide Electrical Contracting, Inc., and their respective counsel have agreed to the following matters;
AND WHEREAS there is good cause, pursuant to Rule 26 of the Federal Rules of Civil Procedure, for entry of a protective order limiting disclosure of certain documents and information generated during discovery in this action;
IT IS HEREBY ORDERED that with respect to any production of documents made in response to any Request for Production of Documents by any party to any party in this matter, that:
1. As used herein, "Protected Discovery Material" shall include all documents within

-
the scope of this Order that any attorney of record determines in good faith contain sensitive, confidential, private or personal information. The attorney shall indicate this determination by marking such material "CONFIDENTIAL." With respect to documents previously produced by any party that any attorney of record determines in good faith contain sensitive, confidential, private or personal information, and seeks to have covered by the terms ofthis Order, within ten (10) days from the entry of this order, said attorney shall provide a written list of such documents to all parties indicating that the documents are "Protected Discovery Material."
2. Any Protected Discovery Material produced in this action and the substance thereof shall be subject to the following restrictions:
(a) They shall be used only for the purposes of this litigation and not for any other purposes whatsoever;
(b) They shall not be given, shown, made available, or communicated in any way, either directly or indirectly, to anyone other than (i) the parties; (ii) the parties' attorneys and the employees or agents of the parties' attorneys; (iii) employees and agents of the EEOC; (iv) any person retained or employed to assist the attorneys of record in this litigation, including, but not limited to, other attorneys or accountants, statisticians, economists, and/or other experts; (v) witnesses who may testify in this case, in connection with preparation for their testimony or for use during the taking of depositions or testimony at trial; (vi) the Court; or, if the Court permits, (vii) the jury in this proceeding. As used herein, "attorneys of record" shall include any attorney appearing as counsel of record for Plaintiff, Equal Employment Opportunity Commission, Plaintiff-Intervenor, Chrystal Moose Bradshaw, or Defendants, Douglas Electrical Contracting, Inc. and Nationwide Electrical Contracting, Inc., during the course of these proceedings.
2

.-
(c) There shall be no reproduction whatsoever of Protected Discovery Material, except that, as required in this litigation, copies, excerpts, or summaries may be made, shown, or given to those persons authorized by the attorneys of record pursuant to the provisions of paragraph 2(b) above.
(d) Only attorneys of record shall authorize the disclosure of or access to the Protected Discovery Material to another person, and each person in paragraph to whom Protected Discovery Material is disclosed or made available pursuant to paragraph 2(c)(iv) or 2(c)(v) above shall first agree in writing to be bound by the terms 0 f this Protective Order, including the prohibition against providing the Protected Discovery Material to anyone else, and shall execute a confidentiality agreement in the form attached hereto as Exhibit "A," which agreement shall be kept and maintained by the attorney making such disclosure. 3. All documents or pleadings filed in this litigation that contain or disclose the contends of material that a party has marked or designated as "CONFIDENTIAL" shall be submitted under seal, and the Clerk of the Court shall maintain such material under seal. 4. This Order shall prevent any person from using or producing in any other litigation or proceeding any Protected Discovery Material (or substance thereof) obtained in this proceeding, unless the producing party consents or the Court, upon motion, permits. 5. If counsel for any party believes that a "CONFIDENTIAL" designation has been improvidently applied, he or she shall so advise counsel for the producing party. Ifthe parties are unable to reach agreement about the appropriate designation ofthe materials in question, any party may seek a ruling from the Court, but the burden shall be on the producing party to establish the appropriateness of confidential treatment. "CONFIDENTIAL" designation of the Protected Discovery Material in question will remain in effect unless and until the Court renders a contrary
3

ruling. 6. Nothing contained herein shall be construed as limiting the scope of discovery or as
restricting the parties' discovery rights under the Federal Rules of Civil Procedure. Furthennore, nothing contained herein shall be construed to restrict the parties from using Protected Discovery Material or any infonnation obtained in discovery in this action, including depositions of third parties, in preparing for trial, nor shall any party be restricted from using such discovery materials at trial, consistent with the Federal Rules of Evidence and subject to whatever limits on disclosure may be deemed appropriate and necessary by the Court at the time. Should any document bearing a "CONFIDENTIAL" stamp be introduced and admitted by the Court as a trial exhibit, the parties agree that upon submission ofthe case to the jury, an instruction to the jury may be made which will advise the jurors that the "CONFIDENTIAL" stamp is not related to any jury issue in this case and is to be disregarded by the jury.
7. The Protected Discovery Material and all copies, excepts, or summaries thereof, except for such material that has become a part of the record in this action, shall be returned to the producing party or destroyed within sixty (60) days of the final disposition of this action, with the exception that one copy may be maintained for the EEOC's litigation files, and the producing party shall promptly be notified that all such material has been returned or destroyed.
IT IS SO ORDERED. This the _ _ day of September, 2001.
United States Magistrate Judge
4

WE ASK FOR THIS:
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
GWENDOLYN YOUNG REAMS Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
1801 L Street, N.W. Washington, DC 28507
MINDY E. WEINSTEIN Regional Attorney
BOBBY SIMPSON Acting Supervisory Trial Attorney
~~~I£OJNNHAD~
Trial Attorney N.C. State Bar No. 26889
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
129 West Trade Street, Suite 400 Charlotte, NC 28202 Telephone: (704) 344-6885 Facsimile: (704) 344-6780

DOUGLAS ELECTRICAL
CONTRACTING, INC. and NATIONWIDE ELECTRICAL CONTRACTING, INC., Defendants
~~Jn~pJ,\h~i$~
N.C. State Bar No. 17576 924 Davie Avenue, Suite B Statesville, NC 28677 Telephone: (704) 883-0500 Facsimile: (704) 883-0578
:E~hlf~cL~URWKr~N~WfI')~~ ~tg
N.C. State Bar No. 24409 HOMESLEY, JONES, GAINES, HOMESLEY & MOORE 330 South Main Street Mooresville, NC 28115 Telephone: (704) 664-1127 Facsimile: (704) 663-0939

CHRYSTAL MOOSE BRADSHAW, Plaintiff-Intervenor
~:Jr~ ~ p!-MW~~'~
N.C. State Bar No. 6723 LESESNE & CONNETTE 1001 Elizabeth Avenue, Suite I-D Charlotte, NC 28204-2234 Telephone: (704) 372-5700 Facsimile: (704) 377-2008

5

-
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND I hereby acknowledge that I have read the Consent Protective Order (the "Order") in the action entitled Equal Employment Opportunity Commission v. Douglas Electrical Contracting, Inc. and Nationwide Electrical Contracting, Inc., No.5 :OOCV156-H, United States District Court for the Western District ofNorth Carolina, Statesville Division, that I understand the terms thereof, and that I agree to be bound by those terms. I understand that I may be subject to contempt for violating this Order and subject to the jurisdiction of the Court in which this action is pending for purposes of proceedings to enforce the Order. DATED this the __ day of _ _ _ _ _ _ _ _ _ __
Signature (Print Name)
EXHIBIT A

SEP.-1l-200 1 TUE 07: 68 AM

.....

p. ua

WE ASK FOR TBISI
EQUALEMl'LOYMENT OPPORTUNITY COMlllSSlON
GWENDOLYNYOtJNG UAMS
Assoolate Galerat ColmIel
EQUAL BMPLOY.MBNT OROllTUNITY
COMMISSION 1801 L Sttstlt. N.W. WashiDgtoJ\, DC 2.8.S07
MINDY B. WBINSTBIN
bgirmal.Aiionuwy

DOUGLASILECTAlCAL COlftllA.CT.lNG.lNc. IIIId NATIONWlDB ILBCTRICAL
iB!1!J);;r
Iii'" N.C. State BarNo. J
924 Davia Avenue. Suite B Stt.teIVi1te, NC 21617 Telep1Jql1l: (704) 883..0500
883-0518

BOBBY SIMPSON

Actiq 8nparvisoty Trial AUlrmay .

N.C. State Bar No...;;:;;.;;....:....;;...;~,

HOMBSLIY. lONES, GAINBS.

HOMESLEY &. MOon

IUJtA GlBBONHADBN

330 South Main Street

TrlaS Attomcy

I

NIe. State Bit No. 268S9

Moarowilla.. NC 28115 Telephone: (104) 664-1117 Pacsimile: (704) 663-0939

I
EQUAL IMPLOYMINT QltPOI.TtJNrrY

I i

COMMISSION

129 west Trad. S1reet. Sub 400

Charlotte. NC 18202

Telephone: (104) 344-6885

P8tllilrdle: (704) 3«-6780

. CBRYS1'AL MOOSE BIIA.DSIIA.W,
PI.~~-In~enor

LOUIS L. :£,liSBSNB, m..
N.t, State Bar No. 6123
LESESNB &: CO:NN.5n'J! 1001 lIizahath Avc::u.ue. SuIte l..D Chulab, NC 28204-2.234 Tel8phone: (704) 372-!700
'facsimile: (704) 37'·2008

5

-

-

tme

United States District Court

for the

Western District of North Carolina

September 17 r 2001

* * MAILING CERTIFICATE OF CLERK * *

Re: 5:00-cv-00156

True and correct copies of the attached were mailed by the clerk to the following:
Kara L. Gibbon Haden r Esq. Equal Employment Opportunity Commission 129 W. Trade St. Suite 400 Charlotte r NC 28202 2799
Beth R. Setzer r Esq. 924 Davie Ave. Suite B Statesville r NC 28677
Elise B. McLurkin, Esq. Homesley, Jones, Gaines, Homesley & Dudley 330 S. Main St. Mooresville, NC 28115
Louis L. Lesesne Jr., Esq. Lesesne & Connette 1001 Elizabeth Ave. Suite 1-D Charlotte, NC 28204-2234
M. Ann Anderson P.O. Box 93 Pilot Mountain, NC 27041

-
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----------------

Frank ~ Clerk

By: \C

~~

Deputy rk

 
 RECEIVED
CHARLOTTE, N.C.
Clerk, U. S. Dist. Court W. Dist of N. C.

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION Civil Action No. 5:OOCVI56-H

F I LED
STATESVILLE, N.C.

EQUAL EMPLOYMENT OPPORTUNITY)

COMMISSION,

)

Plaintiff,

)

)

and

)

)

CHRYSTAL BRADSHAW,

)

Plaintiff-Intervenor, )

)

v.

)

)

NATIONWIDE ELECTRICAL

)

CONTRACTING, INC" DOUGLAS

)

ELECTRICAL CONTRACTING, INC., )

MARY F. BLACK and FRANKLIN D. )

BLACK, JR.,

)

Defendants.

)

,JAN 2 8 2002
U.S. DISTRICT COURT W. OIST. OF N.C.
ENTRY OF DEFAULT

Plaintiff having filed a Motion for Entry of Det~llI1t and it appearing that the time within
which Defendants may plead or otherwise defend as provided by the Federal Rules of Civil
Procedure has expired, and that Defendants has not pleaded or otherwise defended and that the time
for Defendants to plead or otherwise defend has not been extended, it is hereby ORDERED, that
default be entered against Defendants Nationwide Electrical Contracting, Inc., Douglas Electrical
Contracting, Inc., Mary F. Black, and Franklin D. Black, Jr., in this matter.
It is so ORDERED.
DATED this the:<f ttl, day of January, 2002. FRANK G. JOHNS
t)(~l:CdLiElR1K~iWtCtO3UR(Tj(}1)cfialfi! )£)ii~J.1f;jfq!:4",
' .. United States District Court Western District of North Carolina
Statesville, North Carolina

cbb United States District Court
for the Western District of North Carolina
January 28, 2002
* * MAILING CERTIFICATE OF CLERK * *
Re: 5:00-cv-00156
True and correct copies of the attached were mailed by the clerk to the following:
Kara L. Gibbon Haden, Esq. Equal Employment Opportunity Commission 129 W. Trade St. Suite 400 Charlotte, NC 28202-2799
Louis L. Lesesne Jr., Esq. Lesesne & Connette 1001 Elizabeth Ave. Suite I-D Charlotte, NC 28204-2234
M. Ann Anderson P.O. Box 93 Pilot Mountain, NC 27041

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.
Date: /-2;]-0:2-

Frank G. Johns, Clerk

!J

By: ~aJl&tyt f) JJfJucfLaA ;

Depu Clerk

United States District Court for the
Western District of North Carolina January 28, 2002

* * MAILING CERTIFICATE OF CLERK * *
Re: 5:00CV156-H

True and correct copies of the attached were mailed by the Clerk to the following:

NATIONWIDE ELECTRICAL CONTRACTING INC C/O MARY F BLACK AND FRANKLIN D BLACK JR 9216 WESTMORELAND RD STE A CORNELIUS NC 28031

DOUGLAS ELECTRICAL CONTRACTING INC C/O MARY F BLACK AND FRANKLIN D BLACK JR 9216 WESTMORELAND RD STE A CORNELIUS NC 28031

MARY F BLACK 17100 JETTON RD CORNELIUS NC 28031

FRANKLIN D BLACK JR 17100 JETTON RD CORNELIUS NC 28031

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_______________

Date: /-;cS-tl2,

Frank G. Johns, Clerk
By: (!oAdt 1i 6;3o-uctiO/1J)
Dep y Clerk

 
 a RECE. '., .. 0
CHARLOTTE, N.C.
MAR 1 12002

FILED
r'r:. FOR TIHNETHWEESUTNEIRTENDDSISTTARTIECSTDOISFTNROICRTTHCCO AROULIRNA?TJ(~"''2''h'T''I~.'P'')~I\lc1::J'",~."~,-, a· I

.

STATESVILLE DIVISION

.1,1, v Ii" " " f

Clerk. U. S. o1St. Court

L "

, ',

W. Di~t of N. C.

CIVIL ACTION NO. 5:00CV156-H

"\'.\'.1 '"D"~I(:'
• J /.

;;:.
UI

.;<.:i.i"C''•,( I

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

DOUGLAS ELECTRICAL

)

CONTRACTING, INC., NATIONWIDE

)

ELECTRICAL CONTRACTING, INC.,

)

MARY F, BLACK, and

)

FRANKLIN D. BLACK, JR.,

)

)

Defendants.

)

)

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

PARTIAL CONSENT DECREE

The Equal Employment Opportunity Commission ("EEOC" or "the Commission") instituted this action pursuant to Section 706(1)(1) and (3) ofTitle Vll ofthe Civil Rights Act ofl964, as amended, 42 U.S.C. Section 2000e-5(£)( I) and (3) ("Title VII"), and Section I02 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a. The Amended Complaint alleges Defendants Douglas Electrical Contracting, Inc., Nationwide Electrical Contracting, Inc., Mary F. Black and Franklin D. Black, Jr. (collectively "Defendants") discriminated against Janie L. Young, Chrystal Moose Bradshaw and other females by subjecting them to a hostile work environment and sexual harassment.
Defendants in this matter are cUlTently not represented by counsel. Defendants were previously represented by counsel from two separate law firms and, on October 4, 2001 and October 9, 2001, respectively, Defendants' counsel were permitted to withdraw [rom representing Defendants. The Commission has recommended Defendants seek the advice ofcounsel regarding the temlS and conditions of this Partial Consent Decree.

r, /
Vi

The Commission and Defendants hereby stipulate to the Court's jurisdiction over them and agree that the subject matter of this action is properly before the Court.
The Court is sufficiently advised that the Commission and Defendants desire to resolve the allegations in the Complaint as they relate to Janie L. Young only, without the burden, expense, and delay of further litigation. Therefore, the Commission and Defendants have agreed to the entry of this Partial Consent Decree. This action shall continue as it relates to the allegations of Chrystal Moose Bradshaw and other similarly situated current and former employees of Defendants, and with respect to the claims brought by Plaintiff-Intervenor Chrystal Moose Bradshaw.
Therefore, it is the finding of this Court, made on the pleadings and the record as a whole, that: (I) the Court has jurisdiction over the Commission and Defendants, and over the subject matter of this action; (2) the purpose and provisions of Title VII will be promoted and effectuated by entry of this Partial Consent Decree; and (3) this Pmiial Consent Decree resolves the matters in controversy between the Commission and Defendants as provided in paragraphs I through 20 below.
It is therefore ORDERED, ADJUDGED AND DECREED as follows: 1. Defendants shall not discriminate against or harass individuals on the basis of sex, or any other protected category, within the meaning ofTitle Vll of the Civil Rights Act of 1964. 2. Defendants shall not discriminate or retaliate against any person because ofopposition to any practice made unlawful under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, the Age Discrimination in Employment Act of 1967, or the Equal Pay Act of 1963, or because ofthe filing ofa charge, the giving oftestimony or assistance, or the participation in any investigation, proceeding or hearing under any of the foregoing statutes. 3. Defendants shall pay Janie L. Young the sum of Six Hundred Dollars ($600.00) in past lost earnings and benefits, and the sum of Six Thousand Dollars ($6,000.00) as compensatory and
2

punitive damages in this action, for a total payment of Six Thousand Six Hundred Dollars ($6,600.00). The portion designated above as compensatory and punitive damages will not be subject to wage tax withholding. Defendants shall make payment by issuing certified checks directly payable to Janie L. Young. Payment shall be made in two (2) installments as follows: the first payment in the amount of Three Thousand Dollars ($3,000) is due on or before March 8, 2002; and the second payment in the amount ofThree Thousand Six Hundred Dollars ($3,600) is due on or before May 31,2002. Defendants shall mail the checks to Ms. Young at an address to be provided by the EEOC in a separate correspondence. Within ten (1 0) days after each check has been sent to Ms. YOllng, Defendants shall mail to Mindy E. Weinstein, Regional Attorney, Equal Employment Opportunity Commission, 129 West Trade Street, Suite 400, Charlotte, NC 28202, acopy ofthe check and proofofits delivery to Ms. Young. It is expressly understood and agreed that the entire settlement amount of Six Thousand Six Hundred Dollars ($6,600) shall be paid no later than May 31,2002.
4. Defendants are jointly and severally liable for payment ofthe sums outlined in paragraph three above.
5. Defendants agree to eliminate from the employment records of Janie L. Young any and all documents and entries relating to the facts and circumstances leading to the filing ofthe EEOC charge of sexual harassment and the related events that occurred thereafter, including the filing of this lawsuit.
6. If Defendants receive any inquiries regarding the employment of Janie L. Young, Defendants shall provide a neutral reference stating only Ms. Young's dates of employment, position of employment, and rate of pay.
7. Defendant Nationwide Electrical Contracting, Inc. shall institute and implement a harassment policy in the fonn attached hereto as Appendix A.
3

8. During the term of this Partial Consent Decree, Defendant Nationwide Electrical shall provide an annual training program to all of its employees. At least fifteen (15) days prior to each program, Defendant Nationwide Electrical shall provide the Commission with an agenda for the training program. The agenda and the personnel conducting the training will be subject to the Commission's approval.
Each training program shall include an explanation ofthe requirements ofthe federal equal employment opportunity laws, including Title VII of the Civil Rights Act of 1964 and its prohibition against sex discrimination in the workplace, including sexual harassment, and retaliation. Each training program shall also cover Defendant Nationwide Electrical's harassment policy and an explanation of the rights and responsibilities ofemployees and managers under the policy. The first training program shall be completed within ninety (90) days after entry of the decree by the Court. Each subsequent training program shall be conducted at approximately one-year intervals. Within ten (10) days after completion of each training program, Defendant Nationwide Electrical shall certify (0 the Commission the specific training which was undertaken and shall provide the Commission with a roster of all employees in attendance.
9. During the term of this Partial Consent Decree, Defendant Nationwide Electrical Contracting, Inc. agrees that it shall provide a copy of its harassment policy to each person it hires or rehires prior to the person beginning his or her normal duties. In addition, Nationwide Electrical Contracting, Inc. agrees that a manager or supervisory employee shall explain the meaning and operation of the harassment policy to each person it hires or rehires at the time that it presents the person with a copy of the harassment policy.
10. During the term of this Partial Consent Decree, Defendant Nationwide Electrical Contracting, Inc. shall conspicuously post the attached Employee Notice, marked Appendix S, hereby
4

made a part of this Partial Consent Decree, in a place where it is visible to its employees. If the Notice becomes defaced or unreadable, Defendant Nationwide Electrical Contracting, Inc. shall replace it by posting another copy of the Notice.
11. Defendant Nationwide Electrical Contracting, Inc. agrees to provide the Commission with semi·annual reports during the tem1 of this Partial Consent Decree. The reports shall include the following infonnation: the identities of all individuals who have complained of or reported sexual harassment at Defendant Nationwide Electrical Contracting, Inc. 's facilities orjob sites, including byway ofidentification each person's name, home address, home telephone number, social security number, sex, and a statement of the individual's complaint and what action was taken in response to the individual's complaint. In addition, each semi-annual report shall include the identity of each person to whom it provides a copy of the harassment policy in accordance with paragraph nine above, including by way of identification each person's name, home address, home telephone number, social security number, sex, and position into which the person was hired or rehired. Defendant Nationwide Electrical Contracting, Inc. shall submit the first report to the Commission four months after the date of entry of this Partial Consent Decree and shall submit subsequent reports every six months thereafter during the term ofthis Partial Consent Decree.
12. Defendants agree that the Commissionl11ay review compliance with this Partial Consent Decree. As part of such review, the Commission may inspect the premises, facilities and job sites of Defendant Nationwide Electrical Contracting, Inc., interview employees, and examine and copy documents.
13. If anytime during the term o[this Partial Consent Decree, the Commission believes that Defendants are in violation of this Partial Consent Decree, the Commission shall give notice of the alleged violation to Defendants. Defendants shall have twenty (20) days in which to investigate and
5

respond to the allegations, Thereafter, the parties shall have a period of thirty (30) 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,
14, The Commission and Defendants shall each bear their own costs and fees, 15, The term of this Partial Consent Decree shall be for three (3) years from its entry by the Court, 16, In the event that Nationwide Electrical Contracting, Inc, or its assets are sold or the company otherwise ceases to do business prior to the expiration of this Partial Consent Decree, Defendants shall submit a report regarding the sale or business cessation to Mindy E, Weinstein, Regional Attomey, Equal Employment Opportunity Commission, 129 West Trade Street, Suite 400, Charlotte, NC 28202, within ten (10) business days ofsuch transfer or business cessation, The report shall state whether Nationwide Electrical Contracting, Inc, was sold or ceased to do business, the nature of such sale or business cessation, the full legal name and address of the new owners, whether any ofthe Defendants in this action have any ownership interest in the purchasing company, and the position and responsibilities, if any, of each defendant in the purchasing company, Defendants shall notify the purchasing company of Defendants' responsibilities under this Partial Consent Decree prior to any sale, 17, This Court shall retain jurisdiction of this cause for purposes of monitoring compliance with this Partial Consent Decree and entry of such further orders as may be necessary or appropriate, 18, The Commission shall continue prosecution ofthis action as to the allegations of Chrystal Moose Bradshaw and similarly situated current and former employees of Defendants, 19, This Partial Consent Decree shall have no effect on the claims of Plaintiff-Intervenor Chrystal Moose Bradshaw,
6

20. Mary F. Black and Franklin D. Black have had the opportunity to seek out and consult with counsel of their own choosing. By affixing theirnames below, Mary F. Black and Franklin D. Black attest that they each enter into this agreement without duress or coercion and with informed consent.

Date

Magistrate Judge Carl Horn, U.S. District Court

Westem District of North Carolina

The Commission and Defendants jointly request that the Court approve and enter the Partial Consent Decree:

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

GWENDOLYN YOUNG REAMS

Associate General Counsel

By:

'ftltltlZl

J
'%

ltv;?~1c

Mindy If. Weinstein

Regional Attorney

Kara Gibbon Haden Trial Attorney EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION 129 West Trade Street, Suite 400 Charlotte, North Carolina 28202

DOUGLAS ELECTRICAL
CONTRACTING, INC.
By: ~......~~--;-"""~.--:-_~ Mary F. Black, President 9216-A Westmoreland Road Cornelius, NC 28031
By:
--rF=ra=n~kl~in=Dn-.BnTla~ck','J-r.-------
9216-A Westmoreland Road Cornelius, NC 28031
NATIONWIDE ELECTRICAL CONTRACTING, INC.
By:
--·M~a=ry=rF.'B~I=ac~k=,np-re=sl~·d'en~t-----
9216-A Westmoreland Road Cornelius, NC 28031
By:
--rF=ra=n~kl~in=Dn-.BnTla'ck','J-r.-------
9216-A Westmoreland Road Cornelius, NC 28031

MARY F. BLACK, individually

By: --'M'a-ry'F~.~B~la-c~k-----------
9216-A Westmoreland Road Cornelius, NC 28031

FRANKLIN D. BLACK, JR., indiVidually
By: --rc---,-,.----n:~--.-----;----­ Franklin D. Black, Jr. 9216-A Westmoreland Road Cornelius, NC 28031

7

OH8-02 12: 54 From-EEOC Char'- 'e

Nil P 009/011 H40

20. Mary F. Black and Franklin D. Black have had the opportunity to seek out and consult

with counsel oftheir own choosin;;. By affixing theirnames below, Mary F. Black and Franklin D. Black

anest that they each enter into thi, agreement without duress or coercion and with informed consent.

(?1~ujl 1:;( :;>-c'l' 1-

[~J f.f.n,~/~

Date

Magistrate Judge Carl Hom, U.S. District Court

Western District of North Carolina

The CommiSSIOn and Defendant!. jointly request that the Coun approve and enter the Partial Consent Decree:

EQUAl.. EMPLOYMENT OPPORTUNITY COMMISSION
GWENDOLYN YOUNG REAMS Associate General Counsel
By:_ _ _ _ _ _ __ Mindy E. Weinstein Regional Attorney
Kara Gibbon Haden Trial Attorney EQUAL EMPLOYMEN1
OPPORTUNITY COIVtMISSION 129 West Trade Street, Slnte 400 Charlotte, North Carolina 28202

DOUGLAS ELECTRICAl.. CONTRACTING, INC.

By:

117 £'
MaI;lBlack,

~ & £.

9216·A Westmoreland Rca

Cornelius, NC 28031

By: (.J;,y~

Franklin D. Black, Jr
9216·A Westmoreland Road
CornelIUS, NC 28031

NATIONWIDE ELECTRICAL CONTRACTING, INC,
By: 1. 'IJ
Mary F. ack, President 9216-A estmoreland ad Cornelius, NC 28031
By C{)iYl' c,,~
Franklin D. Black, Jr.
9216-A Westmoreland Road Cornehus, NC 28031

MARY F. BLACK, individually
By '17'lt.L --I () c. MaryF. lack 9216·A cstmoreland Road Cornelius, NC 28031 .

FRAN

By; ~~~Bft---

?

HARASSMENT
It is the policy of Nationwide Electrical Contracting, Inc. to provide an environment that is free from unlawful harassment. Therefore, all fonns of harassment related to an employee's race, color, religion, sex, gender, age, national origin, disability or veteran status constitute violations of this policy. In furtherance of this policy, Nationwide Electrical Contracting, Inc. will not tolerate the use of racial, religious, sexual, gender-based, age-related, ethnic or disability-related epithets, innuendoes, slurs or jokes within its facilities or on its job sites. In addition, all forms of verbal, nonverbal and physical harassment based on the above categories are prohibited.
With regard to sexual harassment in particular, unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature are considered instances of sexual harassment when:
Such conduct has the purpose or effect of unreasonably interfering with an employee's work performance or creates an intimidating, hostile or offensive work environment;
An employee's submission to or rejection of such conduct is used as the basis of employment decisions that affect the employee; or
Submission to such conduct is implied or stated to be a term or condition of the employee's employment.
It is important to remember that behavior which one individual considers innocent or halmless may be regarded as sexual harassment by another person. Beyond being in violation of the policy of Nationwide Electrical Contracting, Inc., sexual harassment is against the law. Nationwide Electrical Contracting, Inc. will not tolerate sexual harassment ofan employee by anyone, including management officials, other employees or customers ofthe company. Any employee who violates this harassment policy or our commitment to equal employment opportunity will be subject to disciplinary action, up to and including termination of employment.
If at any time an employee feels that he or she has been subjected to or has observed verbal, non-verbal or physical harassment, of a sexual nature or otherwise, the employee must report such conduct immediately to his or her direct supervisor or a member ofthe management ofthe company so that an investigation can be initiated and appropriate action can be taken. All such reports will be kept confidential to the fullest extent possible.
If for any reason the employee does not feel comfortable contacting his or her direct supervisor or a member of the management of the company about the matter, the employee is encouraged to report the matter to the U.S. Equal Employment Oppol1unity Commission, 129 West Trade Street, Suite 400, Charlotte, NC 28202, tel: 704-344-6685.
Neither Nationwide Electrical Contracting, Inc. nor its management will retaliate against any person for reporting perceived harassment pursuant to this policy.
APPENDIX A

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

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

DOUGLAS ELECTRICAL CONTRACTING, )

INC., NATIONWIDE ELECTRICAL

)

CONTRACTING, INC., MARY F. BLACK, )

and FRANKLIN D. BLACK, Jr.,

)

)

Defendants.

)

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

CIVIL ACTION NO. 5:00CV156-H

NOTICE TO EMPLOYEES
1, This Notice is posted pursuant to a settlement between the U,S, Equal Employment Opportunity Commission and Nationwide Electrical Contracting, Tnc, in acase ofdiscrimination based on sex, specifically sexual harassment.
2, Federal law requires that employers may not discriminate against any employee or applicant for employment because ofthe individual's race, color, religion, sex, national origin, age (40 or older) or disability, Nationwide Electrical Contracting, Inc, supports and will comply with such federal law in aJl respects, Specifically, Nationwide Electrical Contracting, Inc, agrees that they will not discriminate against applicants or employees based on their sex,
3, Sexual harassment is verbal or physical conduct of a sexual nature that is unwelcome, when submission to such conduct is made a term or condition of employment; submission to or rejection of such conduct is used as the basis for employment decisions; or such conduct unreasonably interferes withjob pertormanceorcreatcs an intimidating, hostile, or offensive work environment.
4, Nationwide Electrical Contracting, Inc, will not take any actions against employees because they have exercised their rights, reported an alleged violation under the law or given testimony, assistance or participation in any investigation, proceeding or hearing conducted by the U. S, Equal Employment Opportunity Commission,
An employee has tbe right, and is encouraged to exercise that right, to report allegations of employment discrimination in the workplace, An employee may contact the (J, S, Equal Employment Opportunity Commission at the following address and telephone number for the purpose of filing a charge of employment discrimination,
Equal Employment Opportunity Commission Charlotte District Oftice
129 West Trade Street, Suite 4000 Charlotte, N0I1h Carolina 28202
Tel: (704) 344-6685
APPENDIX B

cbb United States District Court
for the Western District of North Carolina
March 15, 2002
* * MAILING CERTIFICATE OF CLERK * *
Re: 5:00-cv-00156
True and correct copies of the attached were mailed by the clerk to the following:
Kara L. Gibbon Haden, Esq. Equal Employment Opportunity Commission 129 W. Trade st. Suite 400 Charlotte, NC 28202-2799
Nationwide Electrical Contracting, Inc. c/o Frank Black, Jr. 9216-A Westmoreland Road Cornelius, NC 28031
Louis L. Lesesne Jr., Esq. Lesesne & Connette 1001 Elizabeth Ave. Suite 1-D Charlotte, NC 28204-2234
M. Ann Anderson P.O. Box 93 Pilot Mountain, NC 27041
Mary F. Black 17100 Jetton Road Cornelius, NC 28031
Franklin D. Black Jr. 17100 Jetton Road Cornelius, NC 28031

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 afc. Other
-----------------
/) I r Date:;:] :J-L(','c1l,)-,

Frank G. Johns, Clerk

7

By: (!{urtilK.l6. r.6c't((!A(l;i&'

Depue Clerk

 
 ~ IUD

IN THE UNITED STATES DISTRICT COURT

'.~ fJ ,~ r I 1'-,

' " i":- I. "
. '.' '.".

nr FOR THE WESTERN DISTRICT OF NORTH CAROLIN~ ~"') I? D'.I '1.

STATESVILLE DIVISION

' . . 1 ,. I C I II .,' .. ;0

CIVIL ACTION NO. 5:00CV156-H

U.:':. C
'it '.,
\ ~. • I ,--'

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

DOUGLAS ELECTRICAL

)

CONTRACTING, INC., NATIONWIDE

)

ELECTRICAL CONTRACTING, INC.,

)

MARY F. BLACK, and

)

FRANKLIN D. BLACK, JR.,

)

)

Defendants.

)

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

FINAL CONSENT DECREE

The Equal Employment Opportunity Commission ("EEOC" or "the Commission") instituted this action pursuant to Section 706(f)(1) and (3) ofTitle VII ofthe Civil Rights Act of 1964, as amended, 42 U.S.c. Section 2000e-5(f)(I) and (3) ("Title VII"), and Section 102 ofthe Civil Rights Act of 1991,42 U.S.C. § 1981a. EEOC's Amended Complaint alleges Defendants Douglas Electrical Contracting, Inc., Nationwide Electrical Contracting, Inc., Mary F. Black and Franklin D. Black, Jr. (collectively "Defendants") discriminated against Janie L. Young, Chrystal Moose Bradshaw and other females by subjecting them to a hostile work environment and sexual harassment.
Defendants in this matter are currently not represented by counseL Defendants were previously represented by counsel from two separate law finns and, on October 4, 2001 and October 9, 2001, respectively, Defendants' counsel were permitted to withdraw from representing Defendants. The Commission has recommended Defendants seek the advice ofcounsel regarding the terms and conditions of this Final Consent Decree.

53

The Commission, Plaintiff-Intervenor and Defendants ("the Parties") hereby stipulate to the Court's jurisdiction over them and agree that the subject matter ofthis action is properly before the Court.
On March 13,2002, the Court entered a Partial Consent Decree in this case that settled the claims ofJanie L. Young as brought by the Commission. The Court is sufficiently advised that the Parties now desire to resolve the remaining allegations in the Complaint without the burden, expense, and delay of further litigation. Therefore, the Parties have agreed to the entry ofthis Final Consent Decree.
Therefore, it is the finding ofthis Court, made on the pleadings and the record as a whole, that: (1) the Court has jurisdiction over the Parties and over the subject matter of this action; (2) the purpose and provisions of Title VII will be promoted and effectuated by entry of this Final Consent Decree; and (3) this Final Consent Decree resolves the matters in controversy between the Commission, Plaintiff· Intervenor and Defendants as provided in paragraphs 1 through 10 below.
It is therefore ORDERED, ADJUDGED AND DECREED as follows: I. The Partial Consent Decree, entered by this Court on March 13,2002, and filed on March 15, 2002, is incorporated by reference as if set forth fully herein. Entry of this Final Consent Decree by the Court does not change, alter or amend the ternlS ofthe Partial Consent Decree previously entered by the Court. 2. Defendants shall pay Chrystal Moose Bradshaw the sum ofOne Thousand One Hundred Dollars ($1,100.00) as compensatory damages and One Thousand One Hundred Dollars ($1,100.00) as punitive damages in this action, for atotal payment ofTwo Thousand Two Hundred Dollars ($2,200.00). The portion designated above as compensatory and punitive danlages will not be subject to wage tax withholding. Defendants shall make payment by issuing a certified check or money order directly payable to Chrystal Moose Bradshaw and Louis L. Lesesne, Jr., Esq. Payment shaH be made in full on or before June 15,2002. Defendants shall mail the check to Louis L. Lesesne, Jr., Esq., Attorney for
2

Chrystal Moose Bradshaw, Lesesne & Connette, 1001 Elizabeth Avenue, Suite 1·D, Charlotte, North Carolina 28204-2234. Within ten (10) days after the check has been sent to Mr. Lesesne, Defendants shall mail to Mindy E. Weinstein, Regional Attorney, Equal Employment Opportunity Commission, 129 West Trade Street, Suite 400, Charlotte, NC 28202, a copy of the check and proof of its delivery to Mr. Lesesne.
3. Defendants shall pay Plaintiff·Intervenor's attorney fees in the sum ofOne Thousand One Hundred Dollars ($1,100.00). This amount shall constitute attorney fees for Chrystal Moose Bradshaw. Defendants shall make payment by issuing a certified check or money order payable to Louis 1. Lesesne, Jr., Esq. Payment shall be made in full on or before June 15, 2002. Defendants shall mail the check to Louis 1. Lesesne, Jr., Lesesne & Connette, 1001 Elizabeth Avenue, Suite I-D, Charlotte, North Carolina 28204·2234. Within ten (10) days after the check has been sent to Mr. Lesesne, Defendants shall mail to Mindy E. Weinstein, Regional Attorney, Equal Employment Opportunity Commission, 129 West Trade Street, Suite 400, Charlotte, NC 28202, a copy of the check and proof of its delivery to Mr. Lesesne.
4. Defendants are jointly and severally liable for payment ofthe sums outlined in paragraphs two and three above.
5. Commensurate with the creation ofthis decree by Defendants, Defendants agree to dismiss any and all pending state law claims against Chrystal Moose Bradshaw, with prejudice, with each party bearing its own costs and fees related to such action.
6. Defendants agree to eliminate from the employment records ofChrystal Moose Bradshaw any and all documents and entries relating to the facts and circumstances leading to the filing of the EEOC charge of sexual harassment and the related events that occurred thereafter, including the filing of this lawsuit.
3

7. If Defendants receive any inquiries regarding the employment of Chrystal Moose Bradshaw, Defendants shall provide a neutral reference stating only Ms. Bradshaw's dates of employment, position of employment, and rate of pay.
8. Except as otherwise provided herein, each party shall bear its own costs and fees. 9. This Court shall retain jurisdiction of this cause for purposes of monitoring compliance with this Final Consent Decree and entry of such further orders as may be necessary or appropriate. 10. Mary F. Black and Franklin D. Black have had the opportunity to seek out and consult with counsel oftheir own choosing. By affixing theirnames below, Mary F. Black and Franklin D. Black attest that they each enter into this agreement without duress or coercion and with informed consent.
~J fir:=--
Magistrate Judge Carl Hom, U.S. District Court Western District of North Carolina
SIGNATURES ON FOLLOWING PAGE
4

03-27-02 16:16

T-88! P.007/008 F-488

The Parties jointly request that the ':::ourt approve and enter the Final Consent Decree:

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
GWENDOLYN YOUNG REAMS Associate General Counsel
MThi'DY E. WEINSTEIN Regional Attorney
B~\~Jl'iB~
Trial Attorney Equal Employment
Opportunity Commission 129 West Trade Street, Sui1.l~ 400 Charlotte, North Carolina 28202
PLAINTIFF·INTERVENOR CHRYSTAL MOOSE BRADSHAW
By:---L-ou-is-L-.-L-es-e-sn-e-, J-r.-, E-s-q.-
LESESNE & CONNETTE 1001 Elizabeth Avenue, SU.lte I-D Charlotte, North Carolina 23204-2234 Counsel for Plaintiff-Intervenor

DOUGLAS ELECTRICAL CONTRACTING, INC.
By: ~(",,",,~'---I-::..=~~~=-;;.;;;.;.;..'__ Mary . Black, Presiden 9216-A Westmoreland Road Cornelius, NC 28031
r.
9216-A Westmoreland Road Cornelius, NC 2803 I
NATIONWIDE ELECTRICAL CONTRACTING, INC.
By: ftj~1iBlat~~
9216-A Westmoreland Road corneliUS~NC~2803, 1
By: Cf!3 ~_ .
Franklin D. Black, . 92I6-A Westmoreland Road Cornelius, NC 28031
MARY F. BLAC.K, individually
By: (}1:/F 1!3I!d<;. M . Black 9216-A Westmoreland Road CorneliUS, NC 28031

FRANKLIN D. BLACK, JR.• individually
By: ~Q~~
Franklin D. BlacJi
9216-A Westmoreland Road
Cornelius, NC 28031

5

The Parties jointly request that the Court approve and enter the Final Consent Decree:

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

DOUGLAS ELECTRICAL
CONTRACTING, INC.

GWENDOLYN YOUNG REAMS Associate General Counsel
MINDY E. WEINSTEIN Regional Attorney
KARA GIBBON HADEN Trial Attorney Equal Employment
Opportunity Commission 129 West Trade Street, Suite 400 Charlotte, North Carolina 28202
PLAINTIFF -INTERVENOR CHRYSTAL MOOSE BRADSHAW
By: z:.,?~
Louis 1. Lesesne, Jr., Esq. LESESNE & CONNETTE 1001 Elizabeth Avenue, Suite I-D Charlotte, North Carolina 28204-2234 Counsel for Plaintiff-Intervenor

By: Mary F. Black, President 92l6-A Westmoreland Road Cornelius, NC 28031
By: ----~-------------Franklin D. Black, Jr. 9216-A Westmoreland Road Cornelius, NC 28031
NATIONWIDE ELECTRICAL CONTRACTING, INC.
By: _ _ Mary F. Black, President 9216-A Westmoreland Road Cornelius, NC 28031
By: Franklin D. Black, Jr. 9216-A Westmoreland Road Cornelius, NC 28031
MARY F. BLACK, individually

By: -~ M- ar= y F~ . ~ Bla- ck-------9216-A Westmoreland Road Cornelius, NC 28031

FRANKLIN D. BLACK, JR., individually

By: -~Fr~ an~ kli~ n D~. B-la-ck- , J- r. ---9216-A Westmoreland Road Cornelius, NC 28031

5

 
 ·f',,",

·'11·"t;,

RECEIVED

Iz/? <2/ :'')/.X...t,
G;. , 71,0;,'

CHARLOTTE. N.C.

IN THE UNITED STATES DISTRICT COURT

I.s ;; v ...

h.

• //"

APR I 2 2002

FOR THE WESTERN DISTRICT OF NORTH CAROLINA STATESVILLE DIVISION

. 0;>.. "';; ):.' 'll>/.. '?;>
. C" (.(

Clerk, U. S. Dlst. Court
IW1t\llJtt 9!JtipEQYMENT OPPORTUNITY )

" /I.C(,I,,;
CIVIL ACTION NO. 5:00CV156·H .

COMMISSION,

)

Plaintiff,

)

)

v.

)

)

DOUGLAS ELECTRICAL

)

ORDER OF DISMISSAL

CONTRACTING, INC., NATIONWIDE

)

ELECTRICAL CONTRACTING, INC.,

)

MARY F. BLACK, and

)

FRANKLIN D. BLACK, JR.,

)

Defendants.

)

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

This matter is before the Court on the joint motion of Plaintiff, Plaintiff·Intervenor and

Defendants for entry of a Final Consent Decree and Order of Dismissal.

The Court has jurisdiction over the parties and the subject matter of the action. The Court has

reviewed the tenns of the proposed Final Consent Decree, and in light of the pleadings and applicable

laws and regulations, it has approved the Final Consent Decree as one which will promote and effectuate

the purposes ofTitle VII ofthe Civil Rights Act of 1964, as amended, 42 U.S.c. Section 2000e, et seq.,

and Section 102 of the Civil Rights Act ofl991, 42 U.S.C. § 1981a.

WHEREFORE, IT IS ORDERED that the claims of Plaintiff and Plaintiff-Intervenor and all

pending state law claims of Defendants are hereby DISMISSED with prejudice, reserving the rights of

Plaintiff, the United States Equal Employment Opportunity Commission, and Plaintiff-Intervenor,

Chrystal Moose Bradshaw, to initiate proceedings seeking judicial enforcement of the Final Consent

Decree for a period of three (3) years from the date of entry of the Final Consent Decree by the Court.

IJlfb, ~ THIS Il-Ptdayof

,2001.

--~L<~4i~/~~~-~-~--~~~~~----~ ____ _

Magistrate Judg ar! Hom, U.S. District Court

Western District of North Carolina

trne United States District Court
for the Western District of North Carolina
April IS, 2002
* * MAILING CERTIFICATE OF CLERK * *
Re: 5:00-cv-00156
True and correct copies of the attached were mailed by the clerk to the following:
Kara L. Gibbon Haden, Esq. Equal Employment Opportunity Commission 129 W. Trade St. Suite 400 Charlotte, NC 28202-2799
Nationwide Electrical Contracting, Inc. c/o Frank Black, Jr. 9216-A Westmoreland Road Cornelius, NC 28031
Louis L. Lesesne Jr., Esq. Lesesne & Connette 1001 Elizabeth Ave. Suite 1-D Charlotte, NC 28204-2234
M. Ann Anderson P.O. Box 93 Pilot Mountain, NC 27041
Mary F. Black 17100 Jetton Road Cornelius, NC 28031
Franklin D. Black Jr. 17100 Jetton Road Cornelius, NC 28031

cc:

Judge

( )

Magistrate Judge

( )

U.S. Marshal

( )

Probation

( )

U. S. At torney

( )

Atty. for Deft.

( )

Defendant

( )

Warden

( )

Bureau of Prisons

( )

court Reporter

( )

Courtroom Deputy

( )

arig-Security

( )

Bankruptcy Clerk's afc. ( )

Other

( )

Date: l\\\5\()~

Frank G. Johns, Clerk
By: TCMffi~ E)tHM Deputy lerk

 
 U.S. District Court Western District of North Carolina (Statesville) CIVIL DOCKET FOR CASE #: 5:00−cv−00156−CH

CLOSED

EEOC v. Nationwide Elect Con, et al Assigned to: Magistrate Judge Carl Horn, III Demand: $0 Cause: 42:2000 Job Discrimination (Sex)
Plaintiff
Equal Employment Opportunity Commission

Date Filed: 09/29/2000 Date Terminated: 02/10/2003 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Erania M. Ebron−Fubara Equal Employment Opportunity Commission Charlotte District Office 129 West Trade Street Suite 400 Charlotte, NC 28202 704−334−6885 TERMINATED: 04/17/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kara Gibbon Haden Equal Employment Opportunity Commission Charlotte District Office 129 West Trade Street, Suite 400 Charlotte, NC 28202 704.344.6887 Fax: 704.344.6780 Email: kara.haden@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Intervenor Plaintiff Chrystal Bradshaw

represented by Louis L. Lesesne, Jr. Essex Richards, P.A. 1701 South Boulevard Charlotte, NC 28203 704−377−4300 Fax: 704−372−1357 Email: llesesne@essexrichards.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Nationwide Electrical Contracting, Inc.

represented by Nationwide Electrical Contracting, Inc. c/o Frank Black, Jr. 9216−A Westmoreland Road Cornelius, NC 28031 (704) 896−1718 PRO SE
Beth R. Setzer P. O. Box 1397

Defendant Douglas Electrical Contracting, Inc.
V. Intervenor Defendant Nationwide Electrical Contracting, Inc. Intervenor Defendant Douglas Electrical Contracting, Inc. Movant Chrystal Bradshaw
Counter Claimant Nationwide Electrical Contracting, Inc.
Counter Claimant Douglas Electrical Contracting, Inc.

Statesville, NC 28687 704−883−0500 Fax: 704−883−0578 Email: bsetzer@i−america.net TERMINATED: 10/09/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Elise B. McLurkin Homesley, Jones, Gaines, Dudley, McLurkin &Donaldson, PLLC P. O. Box 3010 Mooresville, NC 28117 704/664−1127 TERMINATED: 10/05/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Beth R. Setzer (See above for address) TERMINATED: 10/09/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Elise B. McLurkin (See above for address) TERMINATED: 10/05/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Louis L. Lesesne, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Nationwide Electrical Contracting, Inc. (See above for address) PRO SE
Beth R. Setzer (See above for address) TERMINATED: 10/09/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Beth R. Setzer (See above for address) TERMINATED: 10/09/2001 LEAD ATTORNEY

ATTORNEY TO BE NOTICED

V. Counter Defendant Chrystal Bradshaw
Defendant Mary F. Black
Defendant Franklin D. Black, Jr.

represented by Louis L. Lesesne, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Mary F. Black 17100 Jetton Road Cornelius, NC 28031 PRO SE
represented by Franklin D. Black, Jr. 17100 Jetton Road Cornelius, NC 28031 PRO SE

Date Filed 09/29/2000 09/29/2000
09/29/2000
10/05/2000 11/09/2000 11/29/2000 12/01/2000 12/08/2000
12/08/2000 12/13/2000 12/21/2000 12/28/2000
01/09/2001

# Docket Text
1 COMPLAINT Filing Fee − Waived (cbb) (Entered: 10/05/2000)
2 REQUEST FOR WAIVER of Service as to Nationwide Elect Con mailed on 9/29/00 Waiver of Service due by 10/29/00 for Nationwide Elect Con (cbb) (Entered: 10/05/2000)
3 REQUEST FOR WAIVER of Service as to Douglas Elect Contr mailed on 9/29/00 Waiver of Service due by 10/29/00 for Douglas Elect Contr (cbb) (Entered: 10/05/2000)
4 NOTICE to plf's atty that case has been reassigned from Charlotte Div to Statesville Div (cbb) (Entered: 10/05/2000)
5 WAIVER OF SERVICE Returned Executed as to Nationwide Elect Con 10/2/00 Answer due on 12/1/00 for Nationwide Elect Con (cbb) (Entered: 11/15/2000)
6 MOTION to Intervene by Chrystal Bradshaw w/cs cc: CH (cbb) (Entered: 12/07/2000)
7 CONSENT/REFUSAL to Magistrate Jurisdiction by EEOC − Consent (cbb) (Entered: 12/07/2000)
8 ORDER granting [6−1] motion to Intervene by Chrystal Bradshaw ( signed by Magistrate Judge Carl Horn III ) [EOD DATE: 12/8/00] cc: attys of record (cbb) (Entered: 12/08/2000)
9 Intervenor's COMPLAINT by Chrystal Bradshaw against Nationwide Elect Con, Douglas Elect Contr (cbb) (Entered: 12/08/2000)
10 CONSENT/REFUSAL to Magistrate Jurisdiction by Chrystal Bradshaw − Consent (cbb) (Entered: 12/19/2000)
11 MOTION by Nationwide Elect Con to Extend Time to 1/22/01 to file answer cc: CH (cbb) (Entered: 12/29/2000)
12 ORDER granting [11−1] motion to Extend Time to 1/22/01 to file answer, reset Answer deadline to 1/22/01 for Nationwide Elect Con, for Nationwide Elect Con ( signed by Magistrate Judge Carl Horn III ) [EOD DATE: 12/29/00] cc: attys of record, Frank Black, Jr. (cbb) (Entered: 12/29/2000)
SUMMONS(ES) issued for Mary F. Black, Reg. Agent, Douglas Elect Contr (cbb) (Entered: 01/10/2001)

01/22/2001
02/07/2001
02/07/2001 02/07/2001 02/13/2001 02/13/2001 02/15/2001
02/20/2001 02/23/2001
03/13/2001 03/20/2001 03/21/2001
03/21/2001
04/17/2001 06/01/2001 07/26/2001 07/30/2001
09/17/2001 09/17/2001 09/17/2001 09/17/2001

13 ANSWER to Complaint; jury demand and COUNTERCLAIM by defendant Nationwide Elect Con, defendant Douglas Elect Contr (Attorney Beth R. Setzer) against intervenor−plaintiff Chrystal Bradshaw; w/cs (cbb) (Entered: 01/25/2001)
14 Certificate of I.A.C. by plaintiff EEOC, defendant Nationwide Elect Con, defendant Douglas Elect Contr, intervenor−plaintiff Chrystal Bradshaw cc: CH (cbb) (Entered: 02/15/2001)
15 MOTION by Chrystal Bradshaw to Dismiss cntclm w/cs cc: CH (cbb) (Entered: 02/15/2001)
16 MEMORANDUM by Chrystal Bradshaw in support of [15−1] motion to Dismiss cntclm by Chrystal Bradshaw; w/cs cc: CH (cbb) (Entered: 02/15/2001)
17 CONSENT/REFUSAL to Magistrate Jurisdiction by Nationwide Elect Con, Douglas Elect Contr − Consent (cbb) (Entered: 02/16/2001)
18 NOTICE of Partial Dismissal of Cntclm without prejudice (p. 11.c., 11.d., 11.g., 11.h., 11.i.) Judgement Volume: 44 Page # 57 (cbb) (Entered: 02/16/2001)
19 ORDER, set for IPC at 10:30 3/20/01 before Magistrate Judge Carl Horn III ( signed by Magistrate Judge Carl Horn III ) [EOD DATE: 2/16/01] cc: attys of record (cbb) (Entered: 02/16/2001)
20 CONSENT/REFUSAL to Magistrate Jurisdiction by Chrystal Bradshaw − Consent (cbb) (Entered: 02/23/2001)
21 RESPONSE by Nationwide Elect Con, Douglas Elect Contr in opposition to [15−1] motion to Dismiss cntclm by Chrystal Bradshaw; w/cs cc: CH (cbb) (Entered: 02/26/2001)
22 ORDER denying [15−1] motion to Dismiss cntclm ( signed by Magistrate Judge Carl Horn III ) [EOD DATE: 3/13/01] cc: attys of record (cbb) (Entered: 03/13/2001)
23 ANSWER by intervenor−plaintiff Chrystal Bradshaw to [13−2] counter claim by Douglas Elect Contr, Nationwide Elect Con; w/cs (cbb) (Entered: 03/21/2001)
24 INITIAL PRETRIAL ORDER IPC held 10:30 3/20/01 Discovery deadline is 9/4/01 Motion filing deadline is 10/1/01 before Magistrate Judge Carl Horn III ETT: 4 days Case suitable for mediation Court will enter order ( signed by Magistrate Judge Carl Horn III ) cc: attys of record (cbb) (Entered: 03/21/2001)
25 ORDER referring case to ADR. M. Ann Anderson appointed. Mediation shall commmence on or before 7/31/01 ( signed by Magistrate Judge Carl Horn III ) cc: attys of record, mediator (cbb) (Entered: 03/21/2001)
26 NOTICE of Attorney Appearance for EEOC by Kara L. Gibbon Haden (cbb) (Entered: 04/25/2001)
27 NOTICE of Attorney Appearance for Nationwide Elect Con, Douglas Elect Contr by Elise B. McLurkin; w/cs (cbb) (Entered: 06/08/2001)
28 MOTION by Chrystal Bradshaw to Extend Time to answer dfts' discovery w/cs cc: CH (cbb) (Entered: 07/31/2001)
29 ORDER granting [28−1] motion to Extend Time to answer dfts' discovery; time ext to 8/28/01 to respond to dfts' interrogs &req/prod ( signed by Magistrate Judge Carl Horn III ) [EOD DATE: 7/31/01] cc: attys of record (cbb) (Entered: 07/31/2001)
30 CONSENT PROTECTIVE ORDER ( signed by Magistrate Judge Carl Horn III ) [EOD DATE: 9/17/01] cc: attys of record (cbb) (Entered: 09/17/2001)
31 MOTION by EEOC to Amend [1−1] complaint to add addl dfts (bsw) (Entered: 09/18/2001)
32 MOTION by EEOC to pierce dfts' corporate veil (bsw) (Entered: 09/18/2001)
33 MEMORANDUM by EEOC in support of [32−1] motion to pierce dfts' corporate veil by EEOC, [31−1] motion to Amend [1−1] complaint to add addl dfts by EEOC (bsw) (Entered: 09/18/2001)

09/24/2001
09/24/2001 10/03/2001 10/03/2001 10/04/2001 10/05/2001
10/05/2001
10/09/2001 10/23/2001 10/25/2001 11/08/2001 11/19/2001 11/26/2001 11/26/2001 01/22/2002 01/22/2002 01/28/2002
02/28/2002 03/01/2002

34 ORDER, reset Discovery deadline to 11/9/01 , Response to Motion reset to 10/18/01 for [32−1] motion to pierce dfts' corporate veil, reset to 10/18/01 for [31−1] motion to Amend [1−1] complaint to add addl dfts ( signed by Magistrate Judge Carl Horn III ) [EOD DATE: 9/24/01] cc: cnsl (smj) (Entered: 09/24/2001)
35 MOTION by Chrystal Bradshaw To Pierce Corporate Veil referred to: Magistrate Judge Carl Horn III (smj) (Entered: 09/24/2001)
36 MOTION by Nationwide Elect Con, Douglas Elect Contr to Extend Time in which to respond to Plaintiff−Intervenor's Motion to Pierce the Corporate Veil of Defendants until 10/18/01 referred to: Magistrate Judge Carl Horn III (tme) (Entered: 10/03/2001)
37 MOTION by Elise B. McLurkin to Withdraw as Attorney referred to: Magistrate Judge Carl Horn III (tme) (Entered: 10/03/2001)
38 MOTION by Beth R. Setzer to Withdraw as Attorney referred to: Magistrate Judge Carl Horn III (tme) (Entered: 10/05/2001)
39 ORDER granting [36−1] motion to Extend Time in which to respond to Plaintiff−Intervenor's Motion to Pierce the Corporate Veil of Defendants until 10/18/01 ( signed by Magistrate Judge Carl Horn III ) [EOD DATE: 10/5/01] (tme) (Entered: 10/05/2001)
40 ORDER granting [37−1] motion by Elise B. McLurkin to Withdraw as Attorney (Terminated attorney Elise B. McLurkin for Douglas Elect Contr, attorney Elise B. McLurkin for Nationwide Elect Con ( signed by Magistrate Judge Carl Horn III ) [EOD DATE: 10/5/01] (tme) (Entered: 10/05/2001)
41 ORDER granting [38−1] motion by Beth R. Setzer to Withdraw as Attorney ( signed by Magistrate Judge Carl Horn III ) [EOD DATE: 10/9/01] (bsw) (Entered: 10/09/2001)
42 ORDER granting [31−1] motion to Amend [1−1] complaint to add addl dfts ( signed by Magistrate Judge Carl Horn III ) [EOD DATE: 10/23/01] cc: cnsl (tme) (Entered: 10/23/2001)
43 ORDER granting [32−1] motion to pierce dfts' corporate veil ( signed by Magistrate Judge Carl Horn III ) [EOD DATE: 10/25/01] cc:cnsl (tme) (Entered: 10/25/2001)
44 AMENDED COMPLAINT by EEOC (Answer due 11/21/01 for Douglas Elect Contr, for Nationwide Elect Con ) amending [1−1] complaint against Mary F. Black, Franklin D. Black Jr.; w/cs (cbb) (Entered: 11/09/2001)
SUMMONS(ES) issued for Mary F. Black, Franklin D. Black Jr. (cbb) (Entered: 11/20/2001)
45 RETURN OF SERVICE Executed as to Mary F. Black 11/19/01 served with personal service Answer due on 12/10/01 for Mary F. Black (tme) (Entered: 11/27/2001)
46 RETURN OF SERVICE Executed as to Franklin D. Black Jr. 11/19/01 served with personal service Answer due on 12/10/01 for Franklin D. Black Jr. (tme) (Entered: 11/27/2001)
47 CONSENT ORDER amending IPCO, reset Motion Filing deadline to 2/28/02 ( signed by Magistrate Judge Carl Horn III ) [EOD DATE: 1/22/02] cc: attys of record, dfts (cbb) (Entered: 01/22/2002)
48 MOTION by EEOC for Entry of Default as to Nationwide Elect Con, Douglas Elect Contr, Mary F. Black, Franklin D. Black Jr. cc: CH (cbb) (Entered: 01/25/2002)
49 CLERK'S ENTRY OF DEFAULT as to Nationwide Elect Con, Douglas Elect Contr, Mary F. Black, Franklin D. Black Jr. granting [48−1] motion for Entry of Default as to Nationwide Elect Con, Douglas Elect Contr, Mary F. Black, Franklin D. Black Jr. cc: dfts, attys of record (cbb) (Entered: 01/28/2002)
50 MOTION by EEOC to Extend Time to 4/15/02 to file dispositive motions w/cs (cbb) (Entered: 03/01/2002)
51 ORDER granting [50−1] motion to Extend Time to 4/15/02 to file dispositive motions, reset Motion Filing deadline to 4/15/02 ( signed by Magistrate Judge Carl Horn III )

03/15/2002 04/12/2002
04/15/2002 02/10/2003

[EOD DATE: 3/1/02] cc: attys of record (cbb) (Entered: 03/01/2002)
52 PARTIAL CONSENT DECREE by plaintiff EEOC, defendant Nationwide Elect Con, defendant Douglas Elect Contr, defendant Mary F. Black, defendant Franklin D. Black Jr. cc: attys of record Judgment Vol: 50 Page: 48 (cbb) Modified on 03/15/2002 (Entered: 03/15/2002)
53 CONSENT DECREE by plaintiff EEOC, defendant Nationwide Elect Con, defendant Douglas Elect Contr, movant Chrystal Bradshaw, intervenor−plaintiff Chrystal Bradshaw, intervenor−defendant Nationwide Elect Con, intervenor−defendant Douglas Elect Contr, counter−claimant Nationwide Elect Con, counter−claimant Douglas Elect Contr, counter−defendant Chrystal Bradshaw, defendant Mary F. Black, defendant Franklin D. Black Jr. JV−51 Page 7 (tme) Modified on 04/15/2002 (Entered: 04/15/2002)
54 ORDER, Dismissing ( signed by Magistrate Judge Carl Horn III ) [EOD DATE: 4/15/02] Judgment Volume: 51 Page: 8 cc: cnsl (tme) (Entered: 04/15/2002)
Case closed (bsw) (Entered: 02/10/2003)