Case 3:04-cv-00133 Document 49 Filed 11/02/2005 Page 1 of 6

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TENNESSEE
KNOXVILLE DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

)

v.

)

)

)

LOWE’S HOME CENTERS, INC., d/b/a

)

VONORE RELOAD DISTRIBUTION CENTER #970 )

)

)

Defendant.

)

CIVIL ACTION NO. 3:04-cv-133
AMENDED COMPLAINT
JURY TRIAL DEMANDED

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., and Title I of the Civil Rights Act of 1991, 42 U.S.C. §1981a, to correct unlawful employment practices based upon race and to provide appropriate relief to Tiffany Carter, Curtis Carter (“Charging Parties”), and a class of African Americans who have been adversely affected by such practices. The Commission alleges that Defendant Lowe’s Home Centers, Inc., d/b/a Vonore Reload Distribution Center #970 ( “Lowe’s”), failed to hire the Charging Parties and a class of other African American applicants because of their race, in violation of Title VII.
JURISDICTION 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. SsSs451, 1331, 1337, 1343, and 1345. This is an action authorized and instituted pursuant to Ss

Case 3:04-cv-00133 Document 49 Filed 11/02/2005 Page 2 of 6
706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Ss 2000e, et seq. ("Title VII") and § 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.
2. The employment practices alleged to be unlawful were and are now being committed within the jurisdiction of the United States District Court for the Eastern District of Tennessee, Knoxville Division.
PARTIES 3. 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 expressly authorized to bring this action by Ss706(f)(1) and (3) of Title VII, 42 U.S.C. Ss2000e-5(f). 4. At all relevant times, Defendant, Lowe’s Home Center’s, Inc., d/b/a Vonore Reload Distribution Center #970, (hereinafter “Lowe’s) was doing business in the State of Tennessee, and has continuously had at least fifteen (15) employees. 5. At all relevant times, Defendant has continuously been and is now an employer engaged in an industry affecting commerce within the meaning of Ss701(b), (g), and (h) of Title VII, 42 U.S.C. Ss2000e(b), (g), and (h).
STATEMENT OF CLAIMS 6. More than thirty (30) days prior to the institution of this lawsuit, Tiffany Carter and Curtis Carter filed charges with the Commission alleging that Defendant engaged in employment practices at the Reload Distribution Center in Vonore, Tennessee in violation of Title VII, as amended, 42 U.S.C. §2000e-2(a). All conditions precedent to the institution of this lawsuit have been fulfilled. 7. During the period of August 2002, and continuing, Defendant engaged in
2

Case 3:04-cv-00133 Document 49 Filed 11/02/2005 Page 3 of 6
unlawful employment practices at the Reload Distribution Center in Vonore, Tennessee. The unlawful employment practices included, but were not limited to, a pattern and practice of refusing to hire qualified African American applicants because of their race.
8. Tiffany Carter, an African American female, sought employment on numerous occasions in the warehouse at the Reload Distribution Center.
9. Tiffany Carter was referred by the Tennessee Department of Employment Security about vacancies at Defendant’s Vonore Reload Distribution Center.
10. Beginning in June 2001 and continuing through August 2002, Tiffany Carter applied for employment, continued to submit applications, and contacted Defendant seeking employment at the Vonore Reload Distribution Center.
11. Tiffany Carter was qualified for the positions at issue. 12. Curtis Carter, an African American male, sought employment on numerous occasions in the warehouse at the Vonore Reload Distribution Center. 13. Curtis Carter was referred by the Tennessee Department of Employment Security about vacancies at Defendant’s Vonore Reload Distribution Center. 14. Beginning in June 2001 and continuing through August 2002, Curtis Carter applied for employment, continued to submit applications, and contacted Defendant seeking employment at the Vonore Reload Distribution Center. 15. Curtis Carter was qualified for the positions at issue. 16. During the Commission’s investigation, it was also revealed that other African American employees sought employment in the Summer and Fall of 2002. Although they were qualified, Defendant rejected them for employment.
3

Case 3:04-cv-00133 Document 49 Filed 11/02/2005 Page 4 of 6
17. Defendant hired more than forty applicants from January 2002 until February 2003 at the Vonore Reload Distribution Center.
18. Defendant did not hire a single African American applicant for employment at the Vonore Reload Distribution Center.
19. The practices complained of above were and are in violation of §§ 703(a) of Title VII, as amended, 42 U.S.C. §§ 2000e-2(a).
20. The effect of the practices complained of above has been to deprive African Americans of equal employment opportunities and otherwise adversely affect their status as employees because of their race.
21. Curtis Carter, Tiffany Carter and the other aggrieved individuals suffered emotional and psychological harm as the result of the disparate treatment in hiring.
22. Defendant at all relevant times has been acting with malice or reckless indifference to the federally protected rights of Curtis Carter, Tiffany Carter, and African Americans as a class because of their race.
PRAYER FOR RELIEF WHEREFORE, the Commission respectfully prays that this Court: A. Grant a permanent injunction enjoining the Defendant Employer, its officers, successors, assigns and all persons in active concert or participation with it, from engaging in any employment practice which discriminates because of race. B. Order Defendant Employer to institute and carry out policies, practices and programs which provide equal employment opportunities for African Americans which eradicate the effects of its past and present unlawful employment practices.
4

Case 3:04-cv-00133 Document 49 Filed 11/02/2005 Page 5 of 6
C. Order Defendant Employer to make whole Curtis Carter, Tiffany Carter, and a class of other African Americans by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices.
D. Order the Defendant to make whole Curtis Carter, Tiffany Carter, and a class of other African Americans by providing compensation for pecuniary losses in amounts to be determined at trial.
E. Order the Defendant to make whole Curtis Carter, Tiffany Carter, and a class of other African Americans by providing compensation for nonpecuniary losses, including emotional pain, suffering, inconvenience and mental anguish in amounts to be proven at trial.
F. Order Defendant Lowe’s to pay punitive damages for its malicious and/or reckless conduct, in an amount to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper. H. Award the Commission its costs in this action.
JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by the Complaint.
5

Case 3:04-cv-00133 Document 49 Filed 11/02/2005 Page 6 of 6
Respectfully submitted,
JAMES LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
/s Katharine W. Kores by permission (DS) KATHARINE W. KORES Regional Attorney TN Bar No. 6283
/s Faye A. Williams by permission (DS) FAYE A. WILLIAMS Supervisory Trial Attorney TN Bar No. 11730
/s Deidre Smith DEIDRE SMITH Senior Trial Attorney TN Bar No. 018499
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
1407 Union Avenue, Suite 621 Memphis, Tennessee 38104 Telephone: (901) 544-0140
s/ Sally Ramsey by permission (DS) SALLY RAMSEY Senior Trial Attorney TN Bar No. 018859
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 50 Vantage Way, Suite 202 Nashville, Tennessee 37728 Telephone: (615) 736-2105
6

 
 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE
KNOXVILLE DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

)

)

LOWE’S HOME CENTERS, INC. d/b/a

)

VONORE RELOAD DISTRIBUTION CENTER #970, )

)

)

Defendant.

)

CIVIL ACTION NO. 3: 04-cv-133
Jury Trial Demanded

SETTLEMENT AGREEMENT
INTRODUCTION Plaintiff, Equal Employment Opport unity Commission (hereinafter the “Commission”), instituted this action pursuant to charges of discrimination (hereinafter the “charges”) filed by Tiffany Carter and Curtis Ca rter. The charges alleged that Defendant Lowe’s Home Centers , Inc., d/b/a Vonore Reload Distribution Center #970 (hereinafter “Lowe’s” or “Defendant”) failed to hire Tiffany Carter and Curtis Carter because of their race, Black, in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Section 2000e et seq. (hereinafter “Title VI I”). The Commission did not file this lawsuit as a pattern and practice case.

For purposes of settlement and compromise only, the parties ha ve advised the Court that they wish t o resolve the instant controversy without the expens e, delay, and burden of further litigation;
THEREFORE, it is the finding of this Court, made on the pleadings and on the record as a whole and upon agreement of the par ties, that: (i) this Court has jurisdiction over the parties to and the subj ect matter of this action, (ii) the requirements of Title VII will be carried out by the impl ementation of this Settlement Agreement (hereinafter the “Agreement”), (iii) this Agreement is in tended to and does resolve a ll matters in controversy in this lawsuit among the parti es, and (iv) the terms of this Agreement constitute a fair and equitable settlement of all issues in this lawsuit.
This Agreement constitutes the c omplete and exclusive agreemen t between the Commission and Lowe’s. No waiver, modification or amendment of any provision of this Agreement shall be effectiv e unless made in wr iting. No repr esentations or inducements to compromise this action ha ve been made, other than those recited or referenced in this Agreement. In the event this Agreement is not approved or does not become final, it shall not be admissible in evidence in any subsequent proceeding in this action.
This Agreement, being entered with the cons ent of the parties for purposes of settlement, shall not constitute adjudication on the merits of this lawsuit and shall not be construed as an admission by Lowe’s of any violation of Title VII or any executive order, law, rule or regulation deal ing with or in connection wit h race discrimination in employment. Lowe’s denies that it violated Title VII in any manner.
IT IS THEREFORE ORDERED, ADJUDGED, and Decreed as follows:
2

I. SCOPE AND DURATION OF AGREEMENT A. This Agreement resolves all claims and issues arising out of Charges 253A3-00246, Curtis Carter v. Lowe’s and 253-A3-00248 and 253-A3-00249 Tiffany Carter v. Lowe’s and the Commission’s complaint in this cause alleging unlawful employment discrimination by Lowe’s. Th is Agreement shall pertain on ly to matters arising from Charges 253-A3-00246, 253-A3-00248 and 253-A3-00249 an d shall no t be in any manner dispositive of any other charges pending before an office of the Commission. B. The provisions of this Agreem ent will be effective on the date the Agreement is entered by the Court and shall continue to be effect ive and binding upon the parties to this action for a period of one year from the date of the entry of this Agreement or until each term has been fulfilled, whichever event occurs last. C. This Agreement shall be binding upon the parties hereto, their successors and assigns. D. Lowe’s shall affirmatively notify any pur chasers of the obligations of this Agreement prior to any sale which may take place.
II. NONDISCRIMINATION CLAUSE A. Defendant, its officers, agents, employees, and all persons acting in concert with Defendant will not engage in any employment practice which h as the purpose or effect of discrimi nating against any em ployee or applicant for employment on the basis of race pursuant to Title VII of the Civil Rights Act of 1964, as amended. B. Defendant, its officers, agents, empl oyees, and all persons acting in concert with Defendant will not engage in any employment practice which has the purpose or effect of retaliating against any employee or applicant for employment for
3

participating in any proceeding under Title VII or for opposing discriminatory

employment practices made unla wful under Title VII of the Civil Rights Act of 1964, as

amended.

III. TRAINING

Lowe’s agrees to provide employment-di scrimination awareness training to all

supervisory and management personnel at it s Vonore, Tennessee facility, as well as to

any other individuals employed by the Lowe’s who participat e in the process by whic h

individuals are selec ted for employment, pr omotion or discharge by Lowe’s at it s

Vonore, Tennessee, plant, according to the following terms:

(1) The training session will include at least two (2) hours of instruction.

(2) The training will include the followi ng topics: what constitutes employment

discrimination in violati on of Title VII; how to prevent, identify and remedy

employment discrimination; wh at constitutes retaliation in violation of Title VII;

Lowe’s policy against employment

discrimination and retaliation; and

implementation of Lowe’s policy against employment discrimination, inc luding

procedures and responsibilit ies for reporting, inve stigating and remedying

conduct an employee believes may constitute employment discrimination;

(3) Lowe’s may use an in-house human resources professional to conduct the

training session;

(4) Within sixty (60) days after execution of this Agreement by the parties, Lowe’s

shall submit to the Commission the nam e, address, and telephone number of the

human resources professional t ogether with the date of the proposed training

session and a detailed outline of the pr oposed training. The Commission will

4

have thirty (30) days after the date of receipt of suc h information to acce pt or reject the training proposal. The Commi ssion will not unreasonably withhold its approval of the proposal. If the Commi ssion does not approve the trainer designated by the Lowe’s and/or the contents of the training ses sion, the parties shall attempt to resolve the matter and, if unsuccessful, submit the dispute to the Court; (5) The training session will be conducted within one hundred twenty (120) days after the date of the entry of this Agreement by the Court.
IV. RELIEF FOR AGGRIEVED PARTIES A. In order to resolve all claims an d issues arising out of Charges 253-A300246, Curtis Carter v. Lowe’s and 253-A3-00248 and 253-A3-00249 Tiffany Carter v. Lowe’s and the Com mission’s complaint in this cause alleging unlawful employment discrimination, Lowe’s agrees pay a total of sixty thousand dollar s ($60,000.00). The Commission will deter mine the individual d istribution of the monies and no tify Lowe’s within ten (10) days of the appr oval of this Agreement, by the Court, where to send the checks. B. Within ten (10) days of the Commi ssion’s notification, Lowe’s shall iss ue checks in amounts determined in accordance with (A). C. Copies of the c hecks issued to shall be contempor aneously forwarded to Katharine W. Kores, EEOC’s Regional Attorney, located at the Memphis District Office.
V. POSTING AND POLICIES A. Lowe’s agrees to continue to enforce its Diversity Poli cy at the Vonore Distribution facility, attached hereto as Exhibit A.
5

B. At all times Lowe’s ag rees to maintain at its Vonore, Te nnessee facility, in a location conspicuous and accessible to all applicants and employees the poster summarizing pertinent provisions of Title VII required by Section 711 of t he Civil Rights Act of 1964, as amended, 42 U.S.C.§2000e-10(a).
C. At all times Lowe’s agrees to pos t and maintain at its Vonore, Tennessee facility, in a conspicuous location accessible to all ap plicants and employees, a copy of its policy and procedure for reporting or preventing discrimination in the workplace.
VI. COSTS Each party shall bear its own costs.

DATE:

United

Thomas Phillips States District Judge

6

Approved:
For Defendant Lowe’s Companies, Inc.
s/ Tim K. Garrett (by permission DS) TIM K. GARRETT TN Bar No. 012083 MICHAEL S. MOSCHEL TN Bar No. 016826
Bass Berry & Sims 315 Deaderick Street, Suite 2700 Nashville, TN 37238 (615) 742-6270

For Plaintiff Equal Employment Opportunity Commission
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
s/ Katharine W. Kores (by permission DS) KATHARINE W. KORES Regional Attorney TN Bar No. 6283
s/ Faye A. Williams (by permission DS) FAYE A. WILLIAMS Supervisory Trial Attorney TN Bar No. 011730
s/ Deidre Smith DEIDRE SMITH Senior Trial Attorney TN Bar No. 018499
Equal Employment Opportunity Commission
1407 Union Avenue, Suite 621 Memphis, TN 38104 (901) 544-0140
s/ Sally Ramsey (by permission DS) SALLY RAMSEY Senior Trial Attorney TN Bar No. 18859
Equal Employment Opportunity Commission
50 Vantage Way, Suite 202 Nashville, TN 37228 (615) 736-2105

7

 
 U.S. District Court - CM/ECF Live Database - Docket Report

https://ecf.tned.uscourts.gov/cgi-bin/DktRpt.pl?845504439267646-L_3...

49BF, CLOSED, ISSUE_JOINED, SETTLED, SLS
U.S. District Court (Live Database) U.S. District Court - Eastern District of Tennessee (Knoxville)
CIVIL DOCKET FOR CASE #: 3:04-cv-00133

EEOC v. Lowe's Companies Inc Assigned to: Honorable Thomas W Phillips Referred to: Magistrate C Clifford Shirley Demand: $0 Cause: 28:1331 Fed. Question: Employment Discrimination

Date Filed: 03/22/2004 Date Terminated: 01/24/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Deidre Smith United States of America Equal Employment Opportunity Commission 1407 Union Avenue Suite 621 Memphis, TN 38104 901-544-0140 Fax: 901-544-0111 Email: deidre.smith@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Faye A Williams United States of America-EEOC-Memphis Equal Employment Opportunity Commission 1407 Union Avenue Suite 621 Memphis, TN 38104 901-544-0088 Fax: 901-544-0111 Email: faye.williams@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Katharine W Kores United States of America Equal Employment Opportunity Commission 1407 Union Avenue Suite 621 Memphis, TN 38104 901-544-0140 Fax: 901-544-0111 Email: katharine.kores@eeoc.gov

1 of 8

6/6/2007 9:35 AM

U.S. District Court - CM/ECF Live Database - Docket Report
V. Defendant Lowe's Companies Inc TERMINATED: 11/02/2005 doing business as Lowe's Home Centers, Incorporated TERMINATED: 11/02/2005
Defendant Lowe's Home Centers, Inc. doing business as Vonore Reload Distribution Center #970

https://ecf.tned.uscourts.gov/cgi-bin/DktRpt.pl?845504439267646-L_3...
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sally Ramsey United States of America Equal Employment Opportunity Commission 50 Vantage Way Suite 202 Nashville, TN 37228 615-736-5824 Email: sally.ramsey@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Michael S Moschel Bass, Berry & Sims 315 Deaderick Street Suite 2700 Nashville, TN 37238-0002 615-742-6200 Email: mmoschel@bassberry.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Tim K Garrett Bass, Berry & Sims 315 Deaderick Street Suite 2700 Nashville, TN 37238-0002 615-742-6200 Fax: 615-742-6293 Email: tgarrett@bassberry.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Michael S Moschel (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Tim K Garrett (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

2 of 8

6/6/2007 9:35 AM

U.S. District Court - CM/ECF Live Database - Docket Report

https://ecf.tned.uscourts.gov/cgi-bin/DktRpt.pl?845504439267646-L_3...

Date Filed 03/22/2004 04/28/2004 05/13/2004 05/14/2004 05/27/2004 06/15/2004 06/22/2004 06/28/2004
07/22/2004
07/22/2004 07/23/2004
01/26/2005 01/26/2005 02/11/2005

#

Docket Text

1 COMPLAINT (attempting waiver of service); jury demand, Magistrate Judge Shirley designated (ANB) (Entered: 03/22/2004)
2 WAIVER OF SERVICE mailed 4/16/04 to defendant Lowe's Companies Inc accepted by Harley H Jones (DJE) (Entered: 04/28/2004)
3 ANSWER to Complaint with JURY DEMAND by Lowe's Companies Inc.(DHJ) (Entered: 05/14/2004)
NOTICE of consent forms mailed to counsel: case AT ISSUE (DHJ) (Entered: 05/14/2004)
4 NOTICE of Appearance by Sally Ramsey on behalf of Equal Employment Opportunity Commission (DCC) (Entered: 06/01/2004)
5 ORDER OF RECUSAL. Judge Thomas A Varlan recused; the Clerk is directed to reassign this case to the next judge in rotation in the Knoxville docket. Signed by Judge Thomas A Varlan. (DHJ) (Entered: 06/15/2004)
6 ORDER REASSIGNING CASE. Case reassigned to Judge Thomas W Phillips for all further proceedings. (DHJ) (Entered: 06/22/2004)
NOTICE of Hearing: Scheduling Conference set for 7/21/2004 at 10:30 AM in Courtroom 3C before Honorable Thomas W Phillips. For questions/conflicts with this scheduling, please contact Janet M. Jackson at 865/545-4234 ext 236.(JMJ, Courtroom Deputy) (Entered: 06/28/2004)
7 MINUTE ENTRY -- Scheduling Conference before Judge Thomas W Phillips held on 7/22/2004. Parties present Rule 26 Report for filing. Final Pretrial Conference set for 8/22/2005 at 10:30 AM in Courtroom 3C before Honorable Thomas W Phillips. Jury Trial set for 8/29/2005 at 09:00 AM in Courtroom 3C before Honorable Thomas W Phillips. (JMJ, Courtroom Deputy) (Entered: 07/22/2004)
8 REPORT of Rule 26(f) Parties' Planning Meeting. This case should be ready for trial by August 30, 2005 and at this time is expected to take approx. 6 days. (BT) (Entered: 07/22/2004)
9 SCHEDULING ORDER: Jury Trial set for 8/29/2005 at 9:00 AM in Courtroom 3C and Final Pretrial Conference set for 8/22/2005 at 10:30 AM in Courtroom 3C before Honorable Thomas W Phillips.Signed by Judge Thomas W Phillips on July 23, 2004. (BT) (Entered: 07/23/2004)
10 SUBPOENA Returned Executed as to Dora Thompson on 1/20/05 at 12:44 pm. (BT) (Entered: 01/26/2005)
11 SUBPOENA Returned Executed as to Irene McCowan on 1/20/05 at 11:00 am. (BT) (Entered: 01/26/2005)
12 Agreed Proposed Order of Protection by Lowe's Companies Inc. (Moschel, Michael) (Entered: 02/11/2005)

3 of 8

6/6/2007 9:35 AM

U.S. District Court - CM/ECF Live Database - Docket Report

https://ecf.tned.uscourts.gov/cgi-bin/DktRpt.pl?845504439267646-L_3...

02/16/2005 03/11/2005 04/07/2005 04/07/2005
04/12/2005 04/12/2005 04/13/2005
04/25/2005 04/25/2005 05/02/2005
07/05/2005 07/06/2005 07/07/2005 07/12/2005

13 AGREED ORDER PROTECTING THE CONFIDENTIALITY OF CERTAIN DOCUMENTS.Signed by Judge Thomas W Phillips on 2/15/05. (BT) (Entered: 02/16/2005)
Judge C Clifford Shirley added. (intern) (Entered: 03/11/2005)
14 Joint MOTION for Discovery Requesting Leave to Modify The Fed.R. Civ.P.16(b) Scheduling Order by Equal Employment Opportunity Commission. (Smith, Deidre) (Entered: 04/07/2005)
15 MEMORANDUM in Support of Motion re 14 Joint MOTION for Discovery Requesting Leave to Modify The Fed.R. Civ.P.16(b) Scheduling Order filed by Equal Employment Opportunity Commission. (Smith, Deidre) (Entered: 04/07/2005)
16 First MOTION to Amend/Correct Answer by Lowe's Companies Inc. (Attachments: # 1 Exhibit Amended Answer)(Moschel, Michael) (Entered: 04/12/2005)
17 MEMORANDUM in Support of Motion re 16 First MOTION to Amend/Correct Answer filed by Lowe's Companies Inc. (Moschel, Michael) (Entered: 04/12/2005)
18 ORDER modifying the Court's 9 Scheduling Order. The August 29, 2005 trial date is hereby vacated and this trial is to be rescheduled for sometime after September 30, 2005, excluding the three week period between October 17 and November 4, 2005. The dispositive motion deadline will be 120 days from the new trial date. The parties will receive a Notice of Setting. Signed by Judge Thomas W Phillips on April 11, 2005. (BT) (Entered: 04/13/2005)
19 ORDER GRANTING defts 16 Motion to Amend answer. Deft shall file with the Court its amended answer to the complaint. Signed by Judge Thomas W Phillips on April 25, 2005. (BT) (Entered: 04/25/2005)
20 AMENDED ANSWER to Complaint by Lowe's Companies Inc. (Moschel, Michael) (Entered: 04/25/2005)
NOTICE of HEARING: Pursuant to Order entered 4/13/2005 [Doc 18], the FPTC and Jury Trial are hereby reset. Final Pretrial Conference set for 11/8/2005 at 10:00 AM in Courtroom 3C before Honorable Thomas W Phillips. Jury Trial set for 11/14/2005 09:00 AM in Courtroom 3C before Honorable Thomas W Phillips. (For questions of conflicts, please contact Janet M. Jackson at 865-545-4234 ext 236.)(JMJ) (Entered: 05/02/2005)
21 Joint MOTION to Continue Dispositive Motion Deadline by Lowe's Companies Inc. (Moschel, Michael) (Entered: 07/05/2005)
22 SUBPOENA Returned Executed as to Irene McCowan on 07/05/05 (Kelley, Michael) (Entered: 07/06/2005)
23 Agreed Proposed Order to Extend Dispositive Motion Deadline by Lowe's Companies Inc. (Garrett, Tim) (Entered: 07/07/2005)
24 AGREED ORDER GRANTING the 21 Joint Motion to Continue the Dispositive Motions Deadline. Deft's shall have until July 22, 2005 to file a dispositive

4 of 8

6/6/2007 9:35 AM

U.S. District Court - CM/ECF Live Database - Docket Report

https://ecf.tned.uscourts.gov/cgi-bin/DktRpt.pl?845504439267646-L_3...

07/18/2005 07/18/2005 07/18/2005 07/20/2005 07/22/2005 07/22/2005 07/22/2005
07/22/2005
07/25/2005
07/25/2005 07/26/2005

motion. Signed by Judge Thomas W Phillips on July 12, 2005. (BT) (Entered: 07/12/2005)
25 RESPONSE to Discovery Request from Lowe's Companies Inc. by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Collective Exhibit A# 2 Exhibit Collective Exhibit B# 3 Exhibit Collective Exhibit C)(Smith, Deidre) (Entered: 07/18/2005)
26 DISCLOSURES by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A)(Smith, Deidre) (Entered: 07/18/2005)
27 RESPONSE to Discovery Request from Lowes Companies Inc. by Equal Employment Opportunity Commission. (Attachments: # 1 Collective Exhibit A# 2 Collective Exhibit B# 3 Collective Exhibit C)(Smith, Deidre) (Entered: 07/18/2005)
28 MOTION for Leave to File Excess Pages by Lowe's Companies Inc. (Moschel, Michael) (Entered: 07/20/2005)
29 MOTION for Summary Judgment by Lowe's Companies Inc. (Garrett, Tim) (Entered: 07/22/2005)
30 MEMORANDUM in Support of 29 MOTION for Summary Judgment filed by Lowe's Companies Inc. (Garrett, Tim) Modified text on 7/25/2005 (ADA). (Entered: 07/22/2005)
31 NOTICE by Lowe's Companies Inc re 29 MOTION for Summary Judgment, 30 Memorandum in Support of Motion (Attachments: # 1 Appendix # 2 Exhibit # 3 Exhibit # 4 Exhibit # (5) Exhibit # 6 Exhibit # (7) Exhibit # (8) # (9) Exhibit # (10) Exhibit # (11) Exhibit # 12 Exhibit # (13) Exhibit # (14) Exhibit # (15) Exhibit # (16) Exhibit # (17) Exhibit # 18 Exhibit # 19 Exhibit # (20) Exhibit # 21 Exhibit # 22 Exhibit # 23 Exhibit # 24 Exhibit)(Garrett, Tim) Modified on 7/26/2005 to remove exhibits containing personal identifiers; redacted and resubmitted with 33 (ADA). (Entered: 07/22/2005)
32 AFFIDAVIT in Support of 29 MOTION for Summary Judgment MEMORANDUM filed by Lowe's Companies Inc. (Attachments: # (1) Exhibit A thru I# (2) Exhibit J thru P)(Garrett, Tim) Modified text on 7/25/2005 (ADA). (attachments removed to redact personal identifiers. resubmitted in doc 35) Modified on 7/27/2005 (ADA). (Entered: 07/22/2005)
33 NOTICE of Filing Redacted Exhibits to Appendix submitted as 31 Notice by Lowe's Companies Inc (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit # 8 Exhibit # 9 Exhibit # 10 Exhibit # 11 Exhibit # 12 Exhibit)(Garrett, Tim) Modified text on 7/26/2005 (ADA). (Entered: 07/25/2005)
doc #34 filed without all attachments; removed and resubmitted as 35. Modified on 7/27/2005 (ADA). (Entered: 07/25/2005)
35 NOTICE by Lowe's Companies Inc re 32 Affidavit in Support of Motion of Filing Redacted Exhibits to Affidavit of Paul Walker (Attachments: # 1 Exhibit A - I# 2 Exhibit J - P)(Garrett, Tim) (Entered: 07/26/2005)

5 of 8

6/6/2007 9:35 AM

U.S. District Court - CM/ECF Live Database - Docket Report

https://ecf.tned.uscourts.gov/cgi-bin/DktRpt.pl?845504439267646-L_3...

07/27/2005 07/28/2005 08/03/2005 08/23/2005 08/23/2005
08/30/2005 09/30/2005 09/30/2005 10/14/2005 10/14/2005

36 ORDER granting defendant's 28 Motion for Leave to File brief in support of motion for summary judgment in Excess of 25 Pages Signed by Judge Thomas W Phillips. (brief submitted as 30) (ADA) (Entered: 07/27/2005)
37 MOTION and Memorandum for Extension of Time for Summary Judgment Response as to 29 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order)(Ramsey, Sally) Modified text on 7/28/2005 (ADA). (Entered: 07/28/2005)
38 ORDER granting plaintiff's 37 Motion for Extension of Time to File Response to motion for summary judgment.Signed by Judge Thomas W Phillips. (ADA) (Entered: 08/03/2005)
doc #39 filed under incorrect event category w/o attachments, corrected and resubmitted as doc 40. Modified on 8/23/2005 (ADA). (Entered: 08/23/2005)
40 RESPONSE in Opposition re 29 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 Appendix to EEOC's Response in Opposition to Defendant's Summary Judgment# 2 Exhibit Curtis Carter's 6-26 application# 3 Exhibit Tiffany Carter's 6-26 application# 4 Exhibit Tiffany Carter's deposition excerpts# 5 Exhibit Dora Thompson deposition excerpts# 6 Exhibit Tiffany Carter Note# 7 Exhibit Irene McCowan Notes# 8 Exhibit Curtis Carters 8-27 application# 9 Exhibit Tiffany Carters 8-27 application# 10 Exhibit Mark Cordell deposition excerpts# 11 Exhibit Tommy Black application# 12 Exhibit Paul Walker deposition excerpts# 13 Exhibit Tommy Black deposition excerpts# 14 Exhibit Lee Elam deposition excerpts# 15 Exhibit Tiffany Carter Forklift License# 16 Exhibit Hiring List# 17 Exhibit Employment Applications, Vol 1# 18 Exhibit Employment Applications, Vol 2# 19 Exhibit Employment Applications, Vol 3# 20 Exhibit Curtis Carter deposition excerpts# 21 Exhibit George Self deposition excerpts# 22 Exhibit Lee Elam affidavit# 23 Exhibit Irene McCowan deposition excerpts# 24 Exhibit Curtis Carter Charge of Discrimination# 25 Exhibit Tiffany Carter Charge of Discrimination# 26 Exhibit George Self Offer Letter# 27 Exhibit Tiffany Carter Questionnaire# 28 Exhibit Jason Huggins Conviction Documents# 29 Exhibit Richard Aguirre Personnel Documents# 30 Exhibit Patrick Bethel Personnel Documents# 31 Errata Kevin Bivens Personnel Documents# 32 Exhibit Mark Calhoun Personnel Documents# 33 Exhibit William Churchill Personnel Documents# 34 Exhibit Donnie Everhart Personnel Documents# 35 Exhibit Jason Huggins Personnel Documents# 36 Exhibit Darlene Rice Personnel Documents)(Smith, Deidre) (Entered: 08/23/2005)
41 REPLY to Response to Motion re 29 MOTION for Summary Judgment filed by Lowe's Companies Inc. (Attachments: # 1)(Garrett, Tim) (Entered: 08/30/2005)
42 WITNESS LIST by Lowe's Companies Inc. (Garrett, Tim) (Entered: 09/30/2005)
43 WITNESS LIST by Equal Employment Opportunity Commission. (Smith, Deidre) (Entered: 09/30/2005)
44 PROPOSED PRETRIAL ORDER Agreed Pretrial Order by Equal Employment Opportunity Commission. (Smith, Deidre) (Entered: 10/14/2005)
45 Plaintiff's Exhibit List Pursuant to Rule 26(a)(3) by Equal Employment Opportunity Commission. (Smith, Deidre) Modified text on 10/17/2005 (ADA).

6 of 8

6/6/2007 9:35 AM

U.S. District Court - CM/ECF Live Database - Docket Report

https://ecf.tned.uscourts.gov/cgi-bin/DktRpt.pl?845504439267646-L_3...

10/24/2005
10/31/2005 10/31/2005 10/31/2005
11/01/2005 11/02/2005 11/02/2005 11/29/2005
12/01/2005 12/01/2005 12/27/2005 01/24/2006

(Entered: 10/14/2005)
NOTICE of SETTLEMENT by counsel for Equal Employment Opportunity Commission. The FPTC date of 11/8/05 and 11/14/05 will be removed from the Court's calendar. Order of dismissal forthcoming from the parties. (JMJ) (Entered: 10/24/2005)
46 Joint MOTION for Leave to File Amended Complaint by Equal Employment Opportunity Commission. (Attachments: # 1 Agreed Order)(Smith, Deidre) (Entered: 10/31/2005)
47 MEMORANDUM in Support of 46 Joint MOTION for Leave to File Amended Complaint filed by Equal Employment Opportunity Commission. (Smith, Deidre) Modified text on 11/1/2005 (ADA). (Entered: 10/31/2005)
doc, AMENDED COMPLAINT against Lowes Home Centers, Inc. ilo against Lowe's Companies Inc, filed by Equal Employment Opportunity Commission.(Smith, Deidre), removed from the record pending ruling on 46. Modified on 11/1/2005 (ADA). (Entered: 10/31/2005)
doc, AMENDED COMPLAINT against Lowe's Companies Inc, filed by Equal Employment Opportunity Commission.(Smith, Deidre), removed from the record pending ruling on 46. (ADA) (Entered: 11/01/2005)
48 AGREED ORDER granting 46 Joint MOTION for Leave to File Amended Complaint.Signed by Judge Thomas W Phillips. (ADA) (Entered: 11/02/2005)
49 AMENDED COMPLAINT (to substitute Lowe's Home Centers, Inc. as the proper party) ilo against Lowe's Companies Inc, filed by Equal Employment Opportunity Commission.(Smith, Deidre) (Entered: 11/02/2005)
50 SETTLEMENT AGREEMENT by Equal Employment Opportunity Commission submitted for approval of Judge Phillips. (Attachments: # 1 Exhibit A - Diversity Policy)(Smith, Deidre) Modified text on 11/30/2005 (ADA). (Entered: 11/29/2005)
51 ORDER approving Settlement Agreement, signed by Judge Thomas W Phillips.(ADA) (Entered: 12/01/2005)
Set/Reset Deadlines: Status Report for final order, review 12/19/2005; reset for 1/19/06. (ADA) Modified ddl on 12/27/2005 (ADA). (Entered: 12/01/2005)
Set/Reset Deadlines: review for final order 1/19/2006. (ADA) (Entered: 12/27/2005)
52 STIPULATION OF DISMISSAL in accordance with the Settlement Agreement.Signed by Judge Thomas W Phillips. (ADA) (Entered: 01/24/2006)

7 of 8

PACER Service Center
Transaction Receipt
06/06/2007 10:34:59

6/6/2007 9:35 AM

U.S. District Court - CM/ECF Live Database - Docket Report

https://ecf.tned.uscourts.gov/cgi-bin/DktRpt.pl?845504439267646-L_3...

PACER Login: hs0328

Client Code: eeoc

Description: Docket Report Search Criteria: 3:04-cv-00133

Billable Pages: 5

Cost:

0.40

8 of 8

6/6/2007 9:35 AM

 
 Lowe's Companies, Inc. Sued for Race Discrimination

http://www.eeoc.gov/press/3-24-04.html

The U.S. Equal Employment Opportunity Commission

FOR IMMEDIATE RELEASE March 24, 2004

CONTACT: Katharine W. Kores, Regional Attorney (901) 544-1051 Faye Williams, Supervisory Trial Attorney (901) 544-0088 Deidre Smith Senior Trial Attorney (901) 544-0140
TTY: (901) 544-0112

LOWE'S COMPANIES, INC. SUED FOR RACE DISCRIMINATION

EEOC Litigation Says Home Improvement Giant Rejected Qualified Black Job Applicants
MEMPHIS, Tenn.-- The U.S. Equal Employment Opportunity Commission (EEOC) today announced the filing of a race discrimination lawsuit under Title VII of the 1964 Civil Rights Act against Lowe's Companies, Inc., doing business as Lowe's Home Center's Inc. The suit charges the world's second largest home improvement retailer with failing to hire a class of qualified African American applicants due to their race at its Reload Distribution Center in Vonore, Tenn.
The EEOC's lawsuit, Civil Action No. 3-04-CV-133, in U.S. District Court for the Eastern District of Tennessee, Knoxville Division, charges that Curtis Carter, Tiffany Carter, and a class of African Americans, all qualified applicants, were denied positions in Lowe's Reload Distribution Center between 2002 and 2003 because of their race. The EEOC filed suit after exhausting its conciliation efforts to reach a voluntary pre-litigation settlement. The lawsuit asks the court to order the company to provide back pay, interest on back pay, compensatory damages for emotional and psychological harm, and punitive damages.
Katharine Kores, Regional Attorney for the EEOC's Memphis District Office, said, "Hiring decisions based on race are clearly illegal. One of the important reasons for the passage of the Civil Rights Act of 1964 was to eradicate this type of discrimination. Unfortunately, as we approach the 40th anniversary of Title VII this July, there is much work that remains to be done as evidenced by cases like this one."
In addition to being a leading global home improvement company, Lowe's, headquartered in Wilkesboro, North Carolina, is the 14th largest retailer in the United States. It employs more than 130,000 people and sells a complete line of home improvement products and equipment. The company serves more than seven million do-it-yourself and commercial business customers each week through 875 stores in 45 states.
The site at issue, Lowe's Reload Distribution Center, services more than 139 Lowe's Home Improvement Center Stores. The stores rely on the Distribution Center to supply and re-supply more than 100 sale items such as assorted lumber products, plumbing supplies, and other bulky items. As of March 2003, the Reload Distribution Center employed 43 employees.
EEOC enforces Title VII of the 1964 Civil Rights Act, which prohibits employment discrimination based on race, color, religion, sex (including sexual harassment or pregnancy) or national origin, and protects employees who complain about such offenses from retaliation; the Age Discrimination in Employment Act, which protects workers age 40 and older from discrimination based on age; the Equal Pay Act of 1963, which prohibits gender-based wage discrimination; the Rehabilitation Act of 1973, which prohibits employment discrimination against people with disabilities in the federal sector; Title I of the Americans with Disabilities Act, which prohibits employment discrimination against people with disabilities in the private sector and state and local governments; and sections of the Civil Rights Act of 1991. Further information about the Commission is available on the agency' s web site at www.eeoc.gov.

This page was last modified on March 24, 2004.

Return to Home Page

1 of 1

6/6/2007 9:40 AM