FILED IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI WESTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

]

COMMISSION,

]

]

Plaintiff,

]

]

vs.

]

]

HILL BROTHERS CONSTRUCTION &

]

ENGINEERING COMPANY, INC.,

]

]

Defendant.

]

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CIVIL ACTION #3 :06LV~ I-e-~
COMPLAINT JURY TRIAL DEMAND

NATURE OF THE ACTION

This is an action under Title VII of the Civil Rights Act of 1964 and Title I ofthe Civil

Rights Act of 1991 to correct unlawful employment practices on the basis of sex (female) and to

provide appropriate relief to Melanie Peacock who was adversely affected by such practices. As

alleged with greater particularity in paragraph 7 below, the Defendant Employer discrintinated

against Melanie Peacock on the basis of her sex (female) by failing to recall her to the position of

truck driver after a company lay-off.

JURISDICTION AND VENUE

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451,1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Sections 706(t)(1) ~d (3) of

Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(t)(1) and (3) ("Title

VII") and Section 102 of the Civil Rights Act of 1991,42 U.S.C. § 1981a.

2. The employment practices alleged to be unlawful were committed within the

jurisdiction of the United States District Court for the Northern District of Mississippi Jackson

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(t)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(t)(1) and (3). 4. At all relevant times, Defendant, Hill Brothers Construction & Engineering Company, Inc., (the "Employer"), has continuously been a Falkner, MS corporation doing business in the State of Mississippi and the City of Falkner, and has continuously had at least 15 employees. 5. At all relevant times, Defendant Employer has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Melanie Peacock filed a charge with the Commission alleging violations of Title VII by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. On or about June 2002, Defendant Employer engaged in unlawful employment practices at its Falkner, Mississippi facility, in violation of Section 703(a)(1) of Title VII, 42 U.S.C. § 2000e-2(a)(1). In particular, Melanie Peacock, a female truck driver, who was laid off by Defendant Employer. Melanie Peacock was available to work and desired to be recalled. Defendant refused to recall Melanie Peacock to the position but did recall and hire lesser qualified male truck drivers into positions for which she was qualified to work.
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8. The effect of the practices complained of in paragraph 7 above has been to deprive Melanie Peacock of equal employment opportunities and otherwise adversely affect her status as an employee, because of her sex (female).
9. The unlawful employment practices complained of in paragraph 7 above were intentional.
10. The unlawful employment practices complained of in paragraph 7 above were done with malice or with reckless indifference to the federally protected rights of Melanie Peacock.
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 engaging in any 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 Melanie Peacock by providing appropriate backpay 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 Defendant Employer to make whole Melanie Peacock by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above in amounts to be determined at trial.
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E. Order Defendant Employer to make whole Melanie Peacock by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 7 and 8 above, including emotional pain, suffering, inconvenience, loss of enjoyment of life, and humiliation, in amounts to be determined at trial.
F. Order Defendant Employer to pay Melanie Peacock punitive damages fot its malicious and reckless conduct described in paragraph 7, 8 and 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.
Respectfully submitted, ERIC S. DREffiAND General Counsel JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 "Lu Street, Northwest Washington, DC 20507
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.~~

Mied Byrd (tA074ij

Superviso

y

Valerie H' s Powe (AL 1127W70V) Senior 'al Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Birmingham District Office Ridge Park Place, Suite 2000 1130 22nd Street South Birmingham, AL 35205 205-212-2043

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 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI
WESTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

PLAINTIFF

V.

CIVIL ACTION NO. 3:05CV71

HILL BROTHERS CONSTRUCTION AND ENGINEERING COMPANY, INC.

DEFENDANT

ORDER

This cause comes before the court upon the parties’ motions in limine. After a hearing on

the motions, the court finds that the plaintiff’s motion to exclude evidence of the charging party’s

employment history should be granted in part and denied in part. The motion is GRANTED as

to any reference to Melanie Peacock’s involuntary terminations but is DENIED in respect to

matters such as the type and length of her previous employment. The court finds that the

defendant’s motion in limine is moot as it has been confessed.

SO ORDERED AND ADJUDGED this, the 14th day of November, 2006.

/s/ Neal Biggers
______________________________ NEAL B. BIGGERS, JR. SENIOR U.S. DISTRICT JUDGE

 
 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI
WESTERN DIVISION

EEOC
v.
HILL BROTHERS CONSTRUCTION & ENGINEERING

PLAINTIFF CASE NO. 3:05CV71-B-A DEFENDANT

JUDGMENT IN A CIVIL CASE

This action came on for trial before the Court and a jury, Neal B. Biggers, Senior U.S. District Judge, presiding, and the issues having been duly tried and the jury having duly rendered its verdict,
IT IS ORDERED AND ADJUDGED:
That the Plaintiff, EEOC, is awarded the SUM of TEN THOUSAND AND FOUR HUNDRED DOLLARS ($10,400) in back pay.
ORDERED AND ADJUDGED this the 15th day of November, 2006.
ARLEN B. COYLE, CLERK UNITED STATES DISTRICT COURT
(By) s/Nita Morris, Deputy Clerk

 
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CJRA-S, CLOSED, JURY
U.S. District Court Northern District of Mississippi (Western Division) CIVIL DOCKET FOR CASE #: 3:05-cv-00071-NBB

Equal Employment Opportunity Commission v. Hill Brothers Construction & Engineering Company, Inc. Assigned to: Neal B. Biggers Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 06/13/2005 Date Terminated: 11/16/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Charles E. Guerrier EEOC, BIRMINGHAM DISTRICT OFFICE 1130 - 22nd Street South Ridge Park Place Suite 2000 Birmingham, AL 35205-2881 (205) 731-2067 Email: charles.guerrier@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Mildred Byrd EEOC, BIRMINGHAM DISTRICT OFFICE 1130 - 22nd Street South Ridge Park Place Suite 2000 Birmingham, AL 35205-2881 (205) 731-2067 Email: mildred.byrd@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Valerie Hicks Powe EEOC, BIRMINGHAM DISTRICT OFFICE 1130 - 22nd Street South Ridge Park Place Suite 2000 Birmingham, AL 35205-2881 (205) 731-2067 Email: valerie.powe@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Mark Graham EEOC, BIRMINGHAM DISTRICT OFFICE

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V.
Defendant
Hill Brothers Construction & Engineering Company, Inc.

1130 - 22nd Street South Ridge Park Place Suite 2000 Birmingham, AL 35205-2881 205-212-2054 Fax: 205-212-2041 Email: john.graham@eeoc.gov ATTORNEY TO BE NOTICED
represented by Thomas A. Wicker HOLLAND RAY UPCHURCH & HILLEN P. O. Drawer 409 Tupelo, MS 38802 (662) 842-1721 Email: taw@hruhpa.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 06/13/2005 06/13/2005 07/05/2005
07/22/2005 07/25/2005
09/06/2005 09/08/2005 09/08/2005

#

Docket Text

1 COMPLAINT against Hill Brothers Construction & Engineering Company, Inc., Jury Demand, , filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(kmt, USDC)

2 NOTICE OF ASSIGNMENT. Case assigned to Judge Neal B. Biggers and Magistrate Judge Allan Alexander. (kmt, USDC)

3 REQUEST FOR WAIVER of Service sent to Hill Brothers Construction & Engineering Company, Inc. on 6/30/05 by Mildred Byrd on behalf of Equal Employment Opportunity Commission. Waiver of Service due by 8/1/2005. (tab, USDC)

4 ANSWER to Complaint by Hill Brothers Construction & Engineering Company, Inc..(Wicker, Thomas)

5 INITIAL ORDER - RULE 16.1 Case Management Conference set for 9/8/2005 11:00 AM in Judge Alexander Chambers before S. Allan Alexander.Signed by Judge S. Allan Alexander on 7/25/05. (wsm, USDC)

6 CORPORATE STATEMENT of Hill Brothers. (nsm, USDC) (Entered: 09/07/2005)

7 NOTICE of Trial: MVD/Jury Trial set for 7/31/2006, 09:30 AM, in Oxford Courtroom 3 West, before Neal B. Biggers. (nfs, USDC)

8 Minute Entry for proceedings held before Judge S. Allan Alexander : Case Management Conference held on 9/8/2005. (Court Reporter none.)

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09/09/2005
09/12/2005 03/06/2006 03/08/2006 03/08/2006 03/15/2006
05/30/2006 05/30/2006 06/02/2006
06/02/2006 06/02/2006 06/02/2006

(wsm, USDC)
9 CASE MANAGEMENT ORDER: Case assigned to standard track. Final Pretrial Conference set for 6/13/2006 11:00 AM in Judge Alexander Chambers before S. Allan Alexander. Discovery due by 3/17/2006. Amendments/Joinder of Parties due by 10/8/2005. Plaintiffs Designation of Experts due by 12/17/2005. Defendants Designation of Experts due by 1/17/2006. Motions due by 3/31/2006. Signed by Judge S. Allan Alexander on 9/9/05. (wsm, USDC)
10 NOTICE of Conference: Final Pretrial Conference set for 6/13/2006 11:00 AM in Judge Alexander Chambers before S. Allan Alexander. (wsm, USDC)
11 First MOTION for Discovery To Extend Discovery Deadline by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit proposed order)(Powe, Valerie)
12 ORDER granting 11 Motion for Discovery . Signed by Judge S. Allan Alexander on 3/8/06. (kbt, USDC)
Set/Reset Case Management Order Deadlines: Discovery due by 4/17/2006. Motions due by 4/30/2006. (kbt, USDC)
13 NOTICE OF SERVICE of Responses to Hill Brothers Contruction & Engineering Company's Interrogatories and Requests for Production by Valerie Hicks Powe on behalf of Equal Employment Opportunity Commission to Hill Brothers Construction & Engineering Company, Inc.. (Powe, Valerie)
14 MOTION in Limine To Exclude Any Reference To Melanie Peacock's Employment History Prior to or Subsequent to Her Employment With Hill Brothers Construction by Equal Employment Opportunity Commission. (Powe, Valerie)
15 MEMORANDUM IN SUPPORT re 14 MOTION in Limine To Exclude Any Reference To Melanie Peacock's Employment History Prior to or Subsequent to Her Employment With Hill Brothers Construction filed by EEOC. (Powe, Valerie)
16 RESPONSE in Opposition re 14 MOTION in Limine To Exclude Any Reference To Melanie Peacock's Employment History Prior to or Subsequent to Her Employment With Hill Brothers Construction filed by Hill Brothers Construction & Engineering Company, Inc.. (Wicker, Thomas)
17 MEMORANDUM IN OPPOSITION re 16 Response in Opposition to Motion, to Plaintiff's Motion in Limine. (Attachments: # 1 Exhibit A, B and C)(Wicker, Thomas)
18 MOTION in Limine by Hill Brothers Construction & Engineering Company, Inc.. (Wicker, Thomas)
19 MEMORANDUM IN SUPPORT re 18 MOTION in Limine. (Wicker,

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06/08/2006
06/12/2006 06/13/2006
06/26/2006 06/28/2006
06/29/2006 07/05/2006 10/11/2006 11/06/2006 11/07/2006 11/08/2006 11/08/2006 11/08/2006 11/08/2006 11/13/2006
11/14/2006
11/14/2006

Thomas)
20 NOTICE OF SERVICE of Supplemental Disclosure of Core Information by Thomas A. Wicker on behalf of Hill Brothers Construction & Engineering Company, Inc. to Plaintiff. (Wicker, Thomas)
21 NOTICE of Attorney Appearance by John Mark Graham on behalf of Equal Employment Opportunity Commission (Graham, John)
22 Minute Entry for proceedings held before Judge S. Allan Alexander : Final Pretrial Conference held on 6/13/2006. Pretrial Order due by 6/26/2006. (wsm, USDC)
23 Joint MOTION to Continue Trial by Equal Employment Opportunity Commission. (Powe, Valerie)
24 NOTICE OF ENDORSEMENT by Thomas A. Wicker on behalf of Hill Brothers Construction & Engineering Company, Inc. re 23 Joint MOTION to Continue Trial (Wicker, Thomas)
25 ORDER granting 23 Motion to Continue . Signed by Judge Neal B. Biggers on 6/28/06. (tab, USDC)
26 NOTICE Cancelling Jury Trial previously set before Judge Biggers 07/31/06 until further notice of the court. (gpk, USDC)
27 NOTICE of Trial: MVD/Jury Trial set for 11/13/2006 09:30 AM in Oxford Courtroom 3 West before Neal B. Biggers. (nsm, USDC)
28 NOTICE of Trial: MVD/Jury Trial RESET for 11/14/2006 09:30 AM in Oxford Courtroom 3 West before Neal B. Biggers. (nsm, USDC)
29 MOTION to Continue Trial Setting by Hill Brothers Construction & Engineering Company, Inc.. (Wicker, Thomas)
30 RESPONSE in Opposition re 29 MOTION to Continue Trial Setting filed by Equal Employment Opportunity Commission. (Powe, Valerie)
31 PRETRIAL ORDER; Est. 2-day JURY TRIAL.. Signed by Judge Neal B. Biggers on 11/8/06. (nsm, USDC)
32 ORDER denying 29 Motion to Continue and Setting Pretrial Conference. Signed by Judge Neal B. Biggers on 11/8/06. (nsm, USDC)
33 NOTICE of Hearing on Pretrial Motions set for 11/13/2006 03:00 PM in Oxford Courtroom 3 West before Neal B. Biggers. (nsm, USDC)
34 Minute Entry for proceedings held before Judge Neal B. Biggers : Motion Hearing held on 11/13/2006. (Court Reporter Rita Sisk.) (nsm, USDC)
35 ORDER granting in part, denying in part 14 Motion in Limine, finding as moot 18 Motion in Limine . Signed by Judge Neal B. Biggers on 11/14/06. (tab, USDC) Modified on 11/14/2006 (tab, USDC).
Jury Impaneled. (nsm, USDC) (Entered: 11/16/2006)

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11/14/2006
11/15/2006 11/15/2006
11/15/2006 11/15/2006 11/15/2006 11/16/2006 11/30/2006 12/01/2006 12/15/2006
12/27/2006 02/05/2007

Minute Entry for proceedings held before Judge Neal B. Biggers : Jury Trial Began on 11/14/2006. Trial Continued to 11/15/06. (No Document Attached) (Court Reporter Rita Sisk.) (nsm, USDC) (Entered: 11/16/2006)
36 Minute Entry for proceedings held before Judge Neal B. Biggers : Jury Trial completed on 11/15/2006. (Court Reporter Rita Sisk.) (nsm, USDC) (Entered: 11/16/2006)
37 Exhibit List by Valerie Hicks Powe, Thomas A. Wicker on behalf of Equal Employment Opportunity Commission, Hill Brothers Construction & Engineering Company, Inc.. (nsm, USDC) Modified on 11/17/2006 (nsm, USDC). (Exhibits maintained in Clerk's Office) (Entered: 11/16/2006)
38 Witness List by Valerie Hicks Powe, Thomas A. Wicker on behalf of Equal Employment Opportunity Commission, Hill Brothers Construction & Engineering Company, Inc.. (nsm, USDC) (Entered: 11/16/2006)
39 Jury Instructions (Given and Refused)(nsm, USDC) (Entered: 11/16/2006)
40 JURY VERDICT. (nsm, USDC) (Entered: 11/16/2006)
41 CLERK'S JUDGMENT in favor of Plaintiff against Defendant. CASE CLOSED. Signed by Judge Unassigned on 11/15/06. (nsm, USDC)
42 MOTION Post Judgment Equitable Relief by Equal Employment Opportunity Commission. (Powe, Valerie)
43 MOTION for Extension of Time to File Response/Reply as to 42 MOTION Post Judgment Equitable Relief by Hill Brothers Construction & Engineering Company, Inc.. (Wicker, Thomas)
44 ORDER granting 43 Motion for Extension of Time to File Response/Reply re 43 MOTION for Extension of Time to File Response/Reply as to 42 MOTION Post Judgment Equitable Relief Responses due by 12/27/2006. Signed by Judge Neal B. Biggers on 12/13/06. (nsm, USDC)
45 RESPONSE to Motion re 42 MOTION Post Judgment Equitable Relief filed by Hill Brothers Construction & Engineering Company, Inc.. (Wicker, Thomas)
TRANSCRIPT of Excerpt of Jury Trial held 11/14/06, Oxford before Judge Neal B. Biggers, Jr. Court Reporter: Rita Davis Sisk. (tab, USDC)

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