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

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

)

JOHN BELL, SR., JOHN BELL, JR., and )

DALLAS BELL d/b/a HAM & EGGS )

and DALLAS BELL, INC. d/b/a HAM & )

EGGS

)

)

Defendants.

)

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

CIVIL ACTION NO.
1:05CV00745.
COMPLAINT JURY TRIAL DEMAND

NATURE OF THE ACTION

ThiS IS an actIOn under TItle VII of the ClVIl RIghts Act of 1964, and Title I of the ClVIl

RIghts Act of 1991, to correct unlawful employment pracllces based on retahallon, and to

provide appropnate relief to Sharon Phillips who was adversely affected by the practIces The

CornnllsslOn alleges that Defendants John Bell, Sr , John Bell, Jr and Dallas Bell d/b/a Ham &

Eggs, and Dallas Bell, Inc d/b/a Ham & Eggs (collecllvely "Defendants") dlscnmlnated against

Sharon Phillips by dlschargmg her In retaliation for her complaint of sex harassment

JURISDICTION AND VENUE

JUrisdictIOn of this Court IS Invoked pursuant to 28 USC §§451, 1331, 1337,

1343 and 1345 ThiS actIOn IS authomed and Instl1uted pursuant to SectIOn 706(f)(1) and (3) of

Title VII of the ClVIl Rights Act of 1964, as amended, 42 USC §2000e-5(f)(l) and (3) ("Title

VII"), and SectIOn 102 of the CIvil Rights Actofl991, 42 USC §1981a

Case 1:05-cv-00745-JAB-PTS Document 1 Filed 08/26/2005 Page 1 of 6

2

The employment practices alleged to be unlawful were committed wlthm the

JUrisdictIOn of the Umted States Dlstnct Court for the Middle Dlstnct of North Carohna

PARTIES

3

Plamtlff, the Equal Employment Opportunity Comnnsslon (the "Commission"),

IS the agency of the Umted States of Amenca charged with the admmlstratlOn, interpretation and

enforcement of Title VIl orthe CIVil Rights Act and IS expressly authonzed to bnng this acl10n
by SectIOns 706(1)(1) and (3) ofTltle vn. 42 USC §2000e-5(1)(1) and (3)

4

At all relevant times, Defendant John Bell, Sr has conducted busmess under the

name "Ham & Eggs" and as such has done business m the State of North Carolma and the clUes

ofYadkmvllle and JoneSVille, and has contmuously had at least fifteen employees

5

At all relevant times, Defendant John Bell, Sr d/b/a Ham & Eggs has

contmuously been an employer engaged m an Industry affecting commerce under Sections

701(b), (g) and (h) ofTltle Vll, 42 USC §§2000e(b), (g) and (h)

6

At all relevant times, Defendant John Bell, Jr has conducted busmess under the

name "Ham & Eggs" and as such has done busmess m the State of North Carohna and the cities

ofYadkmvllIe and JoneSVille, and has contmuously had at least fifteen employees

7

At all relevant times, Defendant John Bell, Jr d/b/a Ham & Eggs has continuously

been an employer engaged In an Industry affecting commerce under Sections 701 (b), (g) and (h)

ofTltle VII, 42 USC §§2000e(b), (g) and (h)

8

Upon mformatlon and bebef, at all relevant times Defendant Dallas Bell has

conducted bU5mess under the name "Ham & Eggs" and as such has done busmess m the State of

2

Case 1:05-cv-00745-JAB-PTS Document 1 Filed 08/26/2005 Page 2 of 6

North Carolina and the cItIes ofYadkmvllle and Jonesville, and has contmuously had at least

fi fteen employees

9

Upon mformatlon and belief, at all relevant limes Defendant Dallas Bell d/b/a

Ham & Eggs has contmuously been an employer engaged m an mdustry affectmg commerce

under SectIons 701(b), (g) and (h) ofTltle VII. 42 USC §§2000e(b), (g) and (h)

10 Upon mformatlOn and belief, Defendants John Bell, Sr , Jolm Bell, Jr and Dallas

Bell Jomtly owned and operated the Ham & Eggs restaurants 111 Yadkmville and Jonesville,

North Carolma until m or around October 2004

II Upon mformatlon and belief, m or around October 2004, Defendants John Bell,

Sr and Dallas Bell transferred ownershIp of the Ham & Eggs restaurants m Yadkll1vllle and

Jonesville, North Carolina to a corporation known as "Dallas Bell, Inc "

13 Smce October 2004, Defendant Dallas Bell, Inc has contmuously been a North

Carolma corporatIon domg bus mess III the State of North Carolina and the cItIes ofYadkmvllle

and Jonesville, and has contmuously had at least fifteen employees

14 Smce October 2004, Defendant Dallas Bell, Inc has contmuously been an

employer engaged m an mdustry affectmg commerce under SectIons 70I(b), (g) and (h) of TItle

VIl, 42 USC §§2000e(b), (g) and (h)

STATEMENT OF CLAIMS

15 More than thIrty days pnor to the lllstltutlon of thIs lawsUIt, Sharon Phillips filed a
charge with the CommIssIon alleglllg vIolatIOns of Tille vn by Defendants All conditIOns

precedent to the mstltuUon of thIs lawsuit have been fulfilled

3

Case 1:05-cv-00745-JAB-PTS Document 1 Filed 08/26/2005 Page 3 of 6

16 On or about July 14, 2003, Defendants engaged In unlawful employment practices

at theIr YadkinvIlle, North Carolina restaurant In violatIOn of SectIOn 704(a) of Title VII, 42

USC §2000e-3(a), by discharging Sharon PhIllips because she opposed employment practices

made unlawful by TItle VII SpecIfically, on or about July 13, 2003, Ms Phillips complained to

Defendants that a co-worker had sexually harassed her by subjecting her to a sexual assault

Thereafter, on or about July 14,2003, Defendants discharged Ms PhIllips In retaliatIOn fOi her

complaint

17 The effect of the practices complained ofln paragraph 16 above has been to

depnve Sharon PhIllips of equal employment opportumtles and othelWlse adversely affect her

status as an employee, because of her opposItion to praclices made unlawful under Title VII

18 The unlawful employment practices complained of In paragraph 16 above were

intentIOnal

19 The unlawful employment practices complained of In paragraph 16 above were

done With malice or With reckless indIfference to the federally protected nghts of Sharon PhIllips

PRAYER FOR RELIEF

Wherefore, the CommissIOn respectfully requests that thiS Court

A Grant a penn anent injunctIOn enjoining Defendants, their officers, successors,

assIgns, and all persons In aclive concert or partiCipation wIth them, from engaging III retalIatIOn

against employees because they have opposed employment practices or othelWlse engaged In

protected actIVIty under Tille VII

B

Order Defendants 10 institute and carry out poliCies, practices, and programs that

proVide equal employment opportumtles for employees who oppose, or have opposed unlawful

4

Case 1:05-cv-00745-JAB-PTS Document 1 Filed 08/26/2005 Page 4 of 6

employment practices or otherwise engage III protected activity under Title VII, and which

eradicate the effects of their past and present unlawful employment practices

C

Order Defendants to make whole Sharon PhIllIps by provldll1g appropnate back

pay With prejudgment Interest, III amounts 10 be detennIned at tnal, and other affirmative relIef

necessary to eradicate the effects of their unlawful employment practices, Includlllg but not

II m Ited to reIllstatement

D Order Defendants to make whole Sharon PhIllIps by provldIllg compensation for

past and future pecumary losses resultIng from the unlawful practices complaIned of In paragraph

16 above, IIlcludlllg but not lImited to Job search expenses and medical expenses, In amounts to

be determllled at tnal

E Order Defendants to make whole Sharon Phllhps by provldlllg compensatIOn for

past and future non-pecumary losses resultIng from the unlawful practices complaIned of In

paragraph 16 above, mcludmg but not lImIted to emolIonal pam, suffenng, mconvemence, loss

of enJoyment ofhfe, hunllliatlOn, and loss of civIl rIghts III amounts to be delermmed at trIal

F

Order Defendants to pay Sharon PhillIps pum!ive damages for their malICIOUS and

reckless conduct, as descrIbed III paragraph 16 above, In amounts to be determmed at Inal

G

Grant such further relIef as the Court deems necessary and proper III the public

IIlterest

H

Award the CommiSSIOn ItS costs of this action

JURY TRIAL DEMAND

The CommiSSIOn requests a JUry tnal on all questIOns of fact raised by lis complamt

DATED thiS 2("-IY'day of AU(:,IJS,
5

,2005

Case 1:05-cv-00745-JAB-PTS Document 1 Filed 08/26/2005 Page 5 of 6

Respectfully submitted,
ERIC S DREIBAND General Counsel
JAMES L LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, N W Washington, D C 20507
~Jm&r~ B~E~~ ~ 1t;rv-
Acting RegIOnal Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Charlotte Dlstnct Office 129 West Trade Street, SUite 400 Charlotte, North Carolina 28202
gGceAH~cQ
Semor Tnal Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Raleigh Area Office 1309 Annapohs Dnve Raleigh, North Carolma 27608 Telephone 919 856 4080 Facsmllie 9198564156
ATTORNEYS FOR PLAINTIFF
6
Case 1:05-cv-00745-JAB-PTS Document 1 Filed 08/26/2005 Page 6 of 6

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

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

)

JOHN BELL, SR., JOHN BELL, JR., and )

DALLAS BELL d/b/a HAM & EGGS, )

and DALLAS BELL, INC. d/b/a HAM & )

EGGS,

)

)

Defendants.

)

____________________________________ )

1:05CV00745

ORDER BEATY, District Judge.
Upon the Motion filed by Plaintiff, Equal Employment Opportunity Commission, and for good cause shown, it is hereby ORDERED that Plaintiff’s Motion for Default Judgment and Request for Hearing on damages [Document #10] is GRANTED. A hearing in this matter is set for 11 a.m. on March 27, 2006, in Winston-Salem, Courtroom No. 1.
This, the 13th day of March, 2006.

United States District Judge

Case 1:05-cv-00745-JAB-PTS Document 11 Filed 03/13/2006 Page 1 of 1

 
 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
CIVIL ACTION NO. 1:05CV00745

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

)

JOHN BELL, SR., JOHN BELL, JR., and )

DALLAS BELL d/b/a HAM & EGGS and )

DALLAS BELL, INC. d/b/a HAM &

)

EGGS

)

)

Defendants.

)

____________________________________ )

JUDGMENT

This matter came before the Court on Plaintiff’s Motion for Default Judgment and Request for a Hearing on damages. The Plaintiff, the Equal Employment Opportunity Commission, sought back wages, compensatory and punitive damages for Sharon Phillips. Evidence was presented supporting Plaintiff’s claim for back wages as Ms. Phillips did not become fully employed until seven months after her termination by Defendant. In addition, Plaintiff presented sufficient evidence of emotional distress and mental anguish to support an award of compensatory damages. Therefore, the Court finds that Plaintiff is entitled to back wages and compensatory damages. Accordingly,
IT IS ORDERED AND ADJUDGED that judgment is entered in favor of the Plaintiff, the Equal Employment Opportunity Commission, and against all Defendants, John Bell, Sr., John Bell, Jr. and Dallas Bell, d/b/a Ham & Eggs, and Dallas Bell, Inc. d/b/a Ham & Eggs. Damages for the amount of nine thousand dollars ($9,000.00) in back wages and twenty-seven

Case 1:05-cv-00745-JAB-PTS Document 12 Filed 03/30/2006 Page 1 of 2

thousand dollars ($27,000.00) in compensatory damages are hereby awarded to the Plaintiff on behalf of Sharon Phillips.
DATED this 30th day of March, 2006. United States District Judge
Case 1:05-cv-00745-JAB-PTS Document 12 Filed 03/30/2006 Page 2 of 2

 
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18BA, CLOSED, SO30
U.S. District Court North Carolina Middle District (Durham) CIVIL DOCKET FOR CASE #: 1:05-cv-00745-JAB-PTS

EQUAL EMPLOYMENT OPPORTUNITY COMISSION v. BELL et al Assigned to: CHIEF JUDGE JAMES A. BEATY, JR Referred to: MAG/JUDGE P. TREVOR SHARP Cause: 42:2000 Unlawful Employment Practices

Date Filed: 08/26/2005 Date Terminated: 03/30/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
EQUAL EMPLOYMENT OPPORTUNITY COMISSION

represented by ZOE GABRIELE MAHOOD EQUAL EMPLOYMENT OPPORTUNITY COMM. 1309 ANNAPOLIS DR. RALEIGH, NC 27608-2129 919-856-4080 Fax: 919-856-4156 Email: zoe.mahood@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

ERIC S. DREIBAND EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L ST., N.W. WASHINGTON, DC 20507 202-263-4771 ATTORNEY TO BE NOTICED

GWENDOLYN YOUNG REAMS EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L ST., N.W. WASHINGTON, DC 20507 202-263-4771 ATTORNEY TO BE NOTICED

JAMES L. LEE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L ST., N.W. WASHINGTON, DC 20507 202-263-4771 ATTORNEY TO BE NOTICED

LYNETTE A. BARNES

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V. Defendant JOHN BELL, SR.
Defendant JOHN BELL, JR.
Defendant DALLAS BELL d/b/a HAM & EGGS
Defendant DALLAS BELL, INC. d/b/a HAM & EGGS

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 129 W. TRADE ST., STE. 400 CHARLOTTE, NC 28202 704-344-6878 Fax: 704-344-6780 Email: lynette.barnes@eeoc.gov ATTORNEY TO BE NOTICED

Date Filed 08/26/2005 08/26/2005 08/26/2005 11/03/2005 11/03/2005
11/04/2005
01/11/2006

#

Docket Text

1 COMPLAINT against all defendants, filed by EQUAL EMPLOYMENT OPPORTUNITY COMISSION.(McClain, Abby) (Entered: 08/29/2005)
2 CIVIL COVER SHEET, filed by EQUAL EMPLOYMENT OPPORTUNITY COMISSION.(McClain, Abby) (Entered: 08/29/2005)
CASE REFERRED to Standing Order 30 (McClain, Abby) (Entered: 08/29/2005)
3 Summons Issued as to DALLAS BELL. (Wilson, JoAnne) (Entered: 11/04/2005)
4 WAIVER OF SERVICE Returned Executed by EQUAL EMPLOYMENT OPPORTUNITY COMISSION. JOHN BELL, JR waiver sent on 9/26/2005, answer due 11/25/2005. (Wilson, JoAnne) (Entered: 11/04/2005)
5 WAIVER OF SERVICE Returned Executed by EQUAL EMPLOYMENT OPPORTUNITY COMISSION. DALLAS BELL, INC. waiver sent on 9/20/2005, answer due 11/21/2005; JOHN BELL, SR waiver sent on 9/20/2005, answer due 11/21/2005. (Wilson, JoAnne) (Entered: 11/04/2005)
6 AFFIDAVIT OF SERVICE on Summons executed as to DALLAS BELL on 11/10/05DALLAS BELL served on 11/10/2005, answer due 11/30/2005.

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02/21/2006 02/21/2006 02/22/2006 03/09/2006
03/09/2006 03/09/2006 03/13/2006 03/13/2006 03/27/2006
03/30/2006

(Attachments: # 1 Exhibit)(MAHOOD, ZOE) (Entered: 01/11/2006)
7 MOTION for Entry of Default by EQUAL EMPLOYMENT OPPORTUNITY COMISSION. Responses due by 3/16/2006 (Attachments: # 1 Text of Proposed Order)(MAHOOD, ZOE) (Entered: 02/21/2006)
8 AMENDED DOCUMENT by EQUAL EMPLOYMENT OPPORTUNITY COMISSION. Amendment to 7 MOTION for Entry of Default Certificate of Service. (MAHOOD, ZOE) (Entered: 02/21/2006)
9 CLERK'S ENTRY OF DEFAULT on 2/22/06 as to Defts John Bell, Sr., John Bell, Jr., Dallas Bell and Dallas Bell Inc.. (Wilson, JoAnne) (Entered: 02/22/2006)
10 MOTION for Default Judgment as to John Bell, Sr., John Bell Jr., and Dallas Bell d/b/a Ham & Eggs and Dallas Bell, Inc. d/b/a Ham & Eggs by EQUAL EMPLOYMENT OPPORTUNITY COMISSION. Responses due by 4/3/2006 (Attachments: # 1 Text of Proposed Order)(MAHOOD, ZOE) (Entered: 03/09/2006)
Case Reassigned to Judge JAMES A. BEATY, JR. Judge UNASSIGNED no longer assigned to the case. (Powell, Gloria) (Entered: 03/09/2006)
***Motions Submitted: 10 MOTION for Default Judgment as to John Bell, Sr., John Bell Jr., and Dallas Bell d/b/a Ham & Eggs and Dallas Bell, Inc. d/b/a Ham & Eggs to Judge JAMES A. BEATY JR.- (Kemp, Donita) (Entered: 03/09/2006)
11 ORDER granting 10 Motion for Default Judgment and Request for hearing on damages signed by Judge JAMES A. BEATY JR. on 3/13/06. A hearing in this matter is set for 11 a.m. on 3/27/06, in Winston-Salem, Ctrm. #1 (Wilson, JoAnne) (Entered: 03/13/2006)
Set Deadlines/Hearings: Motion Hearing set for 3/27/2006 11:00 AM in Winston-Salem Courtroom #1 re: Hearing on damages before JUDGE JAMES A. BEATY JR. (Wilson, JoAnne) (Entered: 03/14/2006)
Minute Entry for proceedings held before Judge JAMES A. BEATY JR.: Motion Hearing held on 3/27/2006. Re: 10 MOTION for Default Judgment as to John Bell, Sr., John Bell Jr., and Dallas Bell d/b/a Ham & Eggs and Dallas Bell, Inc. d/b/a Ham & Eggs filed by EQUAL EMPLOYMENT OPPORTUNITY COMISSION. (The Court will find the Judgment in favor of the plaintiff; Attorney Zoe Mahood has been instructed to submit a Proposed Judgment for the Court's consideration.) (Court Reporter Lori Russell.) (Kemp, Donita) (Entered: 03/27/2006)
12 JUDGMENT signed by Judge JAMES A. BEATY JR. on 3/30/06 that judgment is entered in favor of the Plaintiff, the Equal Employment Opportunity Commission, and against all Defendants, John Bell, Sr., John Bell, Jr. and Dallas Bell, d/b/a Ham & Eggs, and Dallas Bell, Inc. d/b/a Ham & Eggs. Damages for the amount of nine thousand dollars ($9,000.00) in back wages and twenty-seven thousand dollars ($27,000.00) in compensatory damages are hereby awarded to the Plaintiff on behalf of Sharon Phillips.(Wilson, JoAnne) (Entered: 03/30/2006)

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