FILED

IN THE UNITED STATES DISTRICT CURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGI I S 2 T 2001
(CHARLESTON)

)

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

CHARLESTON AREA MEDICAL CENTER, INC.')

)

Defendant.

)

SAMUEl L. KAY, CLERK ~. S District &, Bankruptcy Courts .. :),Juth_e'n Ddflct o~ "Vest Virgini8__
J. " Civil Action No. oj - oqlO
COMPLAINT
JURY TRIAL DEMANDED

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

NATURE OF THE ACTION This is an action under Title VII ofthe Civil Rights Act of 1964, as amended, and Titlc I of the Civil Rights Act of 1991 to correct unlawful employment praeticcs on the basis of race (African American), and to provide appropriate relierto Velda E. Cave who was adversely affcctcd by such practices. As alleged with greatcr particularity in paragraph 7 below, the Commission alleges that the defendant, Charleston Area Mcdical Center, Inc. ("Defendant Employer"), which merged with Strategic Health Services, Inc.("Strategic") in December, 2000, discriminated against Ms. Cave, the only African American nurse employed by Strategic, when she was selected for layofflreduction in force, while similarly situated white nurses with less seniority and training, and with poorer annual evaluations, were retained. Moreover, Ms. Cave was treated more harshly, at thc time she was notified of her discharge and summarily escorted from the facility. As a result of Strategic's discrimination against Ms. Cave bccause of her race, she suffered harm and damages.

'The style of this case reflects the merger of Strategic Health Services, Inc. d/b/a Strategic Home Health Services with Charleston Area Medical Center, Inc. on December 1, 2000.
\

JURISDICTION AND VENUE
l. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451,1331, 1337, 1343

and 1345. This action is authorized and instituted pursuant to Section 706(1)(1) and (3) ofTitle Vll

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

Section 102 of the Civil Rights Act ofI991,42U.S.C. § 1981a..

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

jurisdiction of the United States District Court for the Southern District of West Virginia.

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) ofTitie VII, 42 U.S.c. § 2000e-5(f)( I) and (3).

4.

At all relevant times, Defendant Charleston Area Medical Center, Inc. has

continuously been a corporation doing business in the State of West Virginia and the City of

Charleston, 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 70 I(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, Velda E. Cave filed a

charge with the Commission alleging violations ofTitle VII by Defendant Employer. All conditions

precedent to the institution of this lawsuit have been fulfilled.

7. On or about April 20, 1999, Defendant Employer engaged in unlawful employment

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practices at its Charleston, West Virginia location, in violation of Section 703(a)(1) ofTitie VII, 42

U.S.c. § 2000e-2(a). The practices include, but are not limited to the following:

(a) In 1986, Ms. Cave was employed as a registered nurse by Defendant Employer.

(b) Ms. Cave worked in direct patient care until 1994, when she was promoted to the

position of QIlEducalion RN, an administrative role in the Quality Improvement Department.

(c) From 1994 through her discharge, Ms. Cave worked in an administrative capacity

in either the Quality Improvement Department; the Quality Improvement/Education Department;

and/or the Case Management Department, as Case Management RN.

(d) On or about April 20, 1999, Defendant discharged Ms. Cave, informing her that the

discharge was part of a reduction in force.

(e) At the time of her discharge, Ms. Cave was informed that everyone in her department

was being discharged.

(I) At the time of her discharge, Ms. Cave was the only African American professional

on staff, and was the only individual discharged.

(g) Defendant retained white professionals in Ms. Cave's department, as well as in other

departments.

(h) At the time of her discharge, Ms. Cave had annual evaluations which were superior

to those of white employees who were retained.

(i) At the time of her discharge, Ms. Cave had more seniority than white individuals

retained. (j)

Defendant failed to follow its own Staff Reduction policy when it chose Ms. Cave

for discharge.

(k) Unlike other employees, Ms. Cave was not afforded sixty (60) days notification of

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her tennination. (1) Rather, on the day Ms. Cave was infonned of her discharge, she was told to gather
her personal belongings and to vacate the premises immediately. (m) Unlike its treatment of other tenninated employees, Defendant's agent escorted Ms.
Cave back to her office and watched as she gathered her personal belongings. (n) Defendant's agent instructed Ms. Cave, within earshot of Ms. Cave's co-workers,
not to "take anything" that "didn't belong" to her. (0) Defendant ensured that Ms. Cave left the building directly. (p) Unlike other employees, Ms. Cave was told that she was not pennitted to return to
the facility. (q) Ms. Cave was mortified and embarrassed by the treatment she was subjected to on
her last day of work, while being discbarged without warning. (r) Subsequent to her discharge, Ms. Cave's fornler co-workers infonned her that, due
to the way she was treated on the last day, they thought she had stolen something and that was why she was being discharged.
8. The effect ofthe practices complained ofin paragraph 7(a) through (r) above has been to deprive Ms. Cave of equal employment opportunities and otherwise adversely affect her status as an employee, because of her race.
9. The unlawful employment practices complained of in paragraph 7(a) through (r) above were intentional.
10. The unlawful employment practices complained of in paragraph 7(a) through (r) above were done with malice and with reckless disregard or indifference to the federally protected rights of Ms. Cave.
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PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enj oining Defendant Employer, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in discriminating in hiring, firing, or other terms and conditions of employment on the basis of an individual's race. R Order Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities for African Americans, and which eradicate the effects of its past and present unlawful employment practices. C. Ordcr Defendant Employer to make whole Ms. Cave, by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other affimlative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to reinstatement, front pay, a positive letter of recommendation, removal of all evidence of her claims preceding this litigation from her personnel file. D. Order Defendant Employer to make whole Ms. Cave, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7(a) through (r) abovc, including relocation expenses, job searchexpenses, and medical expenses not covered by the Employer's employee benefit plan, in amounts to be determined at trial. E. Order Defendant Employer to make whole Ms. Cave by providing compensation for past and future non-pecuniary losses £esulting from the unlawful practices complained of in paragraph 7(a) through (r) above, including emotional pain, suffering, inconvenience, loss of enjoyment ofli fe, and humiliation, in amounts to be determined at trial. F. Order Defendant Employer to pay Ms. Cave punitive damages for its malicious and
5

reckless conduct described in paragraph 7(a) through (r) 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 ofthis action.
JURY TRIAL DEMAND The COimnission requests ajury trial on all questions of fact rai.sed by its complaint.
GWENDOLYN YOUNG REAMS
Associate General Counsel
(
rJfCQl INE H. McNAIR
~, ,,",I ~:~~
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Pittsburgh Area Office Liberty Center, Suite 300 100 I Liberty Avenue Pittshurgh, PA 15222 (412) 644-6439

Assistant United State
P. O. Box 1713 Charleston. WV 25326 (304) 345-2200

Attorney

6

 
 •

•

cotNTERED IN THE LlNITED STATES DISTRIC

FOR THE SOUTHERN DISTRICT OF W STVIJ GINIA

(CHARLESTON)

SEP - 5 2002

)

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

CHARLESTON AREA MEDICAL CENTER, INC.')

)

Defendant.

)

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

SAMUEL l. KAY. CLERK U. S District; "I";>""Jtr"~Qur\s
SoutherlI ')Ist:':' .' ";:,t; .. ,Inlo Civil Action No. 2:01-0910
JURy TRIAL DEMANDED

, 1\ I ;

CONSENT DECREE This Consent Decree is entered into by the Plaintiff; the United States Equal Employment Opportunity Commission (the "EEOC" or the "Commission"), and (he Defimdant, Charleston Arca Medical Center, its directors, officers, agents, employees, successors or assigns (hereinafter referred (0 as the "Defendant"). On September 27,2001, the Commission filed this action against Defendants alleging that Strategic Health Services, Inc. violated Ti(le VlT ofthe Civil Rights Act of1964, 42 U.S.c. § 2000e, et. seq., ("Titlc Vll"), when it discharged Velda Cave. The parties to this action do bereby agree to entry ofthis Consent Decree which shall resolve fully and finally all claims which were raised by the EEOC in the Complaint in this civil action. This Consent Decree shall be final and binding between (he parties signatory hercto, thcir successors and assigns.
"The style of this case reflects the merger of Strategic Health Services, Inc. d/b/a Strategic Home Hcalth Services with Charleston Area Medical Centcr, on December 1, 2000.
-,

•

•

The Parties hereby agree that: 1. This Decree is entered into in compromise of the claims asserted in this civil action and is not intended to be an admission ofliability by the Defendant, who has denied and continues to deny any and all liability. 2. The Commission is the agency of the United States govelllment authorized by Congress to investigate allegations ofunlawful employment discrimination based upon race, to bring civil actions based upon these allegations of unlawful practices, and to seck rclieffor individuals affected by such practices. 3. Pursuant to Title VII, the parties acknowledge the jurisdiction of the United Stales District Court for the Southelll District of West Virginia over the subject mattcr and over the patties in this case. 4. The Defendant agrees to comply fully with all of the provisions of Title VII. The Defendant agrees that it will not engage in any employment practice which operates to deny equal employment opportunities in violation of Title VII. 5. The Defendant agrees that it will not take action against Velda Cave or any other individual because he/she excrciscd any of his or her rights protected under Title Vll, including filing a charge of discrimination, providing testimony or assistance, participating in any manner in any investigation, proceeding or hearing under Title VII, or opposing any practice that he or she believed to bc unlawful under Title VII. The Defendant specifically agrees that it shall hire Ms. Cave for any future positions with the Defendant for which shc is thc most qualified applicant. 6. Upon receipt ofa signed Release betwcen Defendants and Charging Party, Defendants shall provide monetary relief in the total amount of Forty-five Thousand Dollars ($45,000.00) in full settlement ofthe Title VII claim~ against it which were raised in this Complaint.
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• •
Charging Party will be responsible for paying any required taxes on the amounts otherwise disbursed to her. The check will be sent to Charging Party Velda Cave at 1228 13th Street, Portsmouth., Ohio 45662, and a photocopy ofthe check will be mailed to the EEOC, to the attention of M. Jean Clickner, Trial Attorney, EEOC, Liberty Center, Suite 300, 1001 Liberty Avenue, Pittsburgh, Pennsylvania 15222. Payment will be made within thirty (30) days of filing settlement documents with the Court.
7. lt is further agreed that $ 25,868.25 of the agreed upon settlement amount is being paid to Ms. Cave as reimbursement of lost wages. It is further agreed that the remainder of the agreed upon settlement amount, $ 19,131.75, is intended to compensate her for emotional pain and suffering she claims to have sutTered by the conduct alleged in this action.
8. Defendant agrees to continue to conduct lllandatory training for all of its employees regarding tlleir obligations and rights under Title VII of the Civil Rights Act of 1964. Defendant also agrees to continue to train each of their management and supervisory persOimel on how to recognize racial discrimination, harassment andlor hostility in the work environment in the same manner it has done heretofore. Upon request ofthe Commission, Defendant agrees to provide the Commission with a summary of such training, including the date ofthe training, the duration ofthe training, and an outline of the training conducted.
9. Within ten (10) days of the Court's approval ofthe Consent Decree, Defendant shall post the Notice attached hereto as Exhibit 1 in a conspicuous location which is used for the posting of employee notices at each of its business locations. This Notice will remain posted for a period of one (I) year. Should the posted copy become defaced, removed, marred, or otherwise illegible, the Defendant agrees to immediately post a readable copy in tlle same manner as heretofore
3

• •
specified. Counsel for the Defendant shall provide a copy of the Notice, and an indication of the date and location of its posting to the EEOC's Pittsburgh Area Office, attention, M. Jean Clickner, Trial Attorney, within tcn (l0) days of the posting.
II. In the event any dispute or question arises as to the interpretation or implementation ofthis Decree between the Commission and the Defendant, the parties shall attempt to resolve such question informally within thirty (30) days. Ifthe parties are unable to resolve their differences, the issue shall be submitted to the Court for tlnal decision.
12. The parties agree that thc Conrt shall retain jurisdiction over this Decree in order to enforce its provisions, should this become necessary.
13. This Decree shall be t1led in the United States District Court for the Southern Distriel of West Virginia.
14. Thc case shall be and hereby is dismissed with prejUdice, subject to this Court's jurisdiction to enforce the provisions of this Consent Decree.

For: CHARLESTON AREA

For:

MEDICAL E ER
~d.;jL

Steph n A. Weber (WVSB # 3965)

4

•
KAY CASTO & CHANEY PLLC
Post Office Box 2031 Charleston, West Virginia 25327 (304) 34H900

•
Regional Attorney
M. " N CLICKNER Tri Attorney 1001 Liberty Avenue, Suile 300 Pillsburgh, PA 15222-4187 (41 644-6439
KASEYWA NER UNITED STATES ATTORNEY KELLY R. CURRY Assistant U.S. Attorney Responsible Local Attorney OffICE OF THE UNITED STATES ATTORNEY P.O. Box 1713 Charleston, West Virginia 25326-1713

~ ~002. L Approved by the Court on this

of

--

v.~~~

THE HON'-A1'-.n..DLE ELIZABETH V. HALLANAN,

5

",

•

•

EXHIBIT 1

NOTICE
vn Title oflbe Civil Rights Act or 1964 ("Title VII") prohibits discrimination against employees
and applicants for employment based upon their race, color, sex, religion or national origin. Title VII further prohibits retaliation against employees or applicants who avail themselves oftbeirrights
vn under Title by engaging in protected activities such as the filing of a charge of discrimination.
The Equal Employment Opportunity Commission is the federal agency that investigates charges of discrimination and, if necessary, brings lawsuits in ledaral district courts to enforce Title VII.

This notice is being posted as part ofthe resolution of EEOC v. Charleston Area Medical Cente/', Civil Action Number 2:01-0910 (SD WVa). The EEOC brought tllis action enforce provisions of Title VII which prohibits discrimination on the basis of race. The parties have agreed to settle tlle case williout trial. Charleston Area Medical Center has denied, and continues to deny, it committed any act of discrimination. Charleston Area Medical Center fully supports and will comply with Tille VII in all respects. It will not engage in any employment practice which operates to deny equal employment opportunities in violation of Title VII.

Fur(hennore, in accordance willi Title VU, Charleston Area Medical Center will not take any action against any employee or applicant for employment because he or she has exercised any right under Title Vll, including the filing of a charge of discrimination,

This Notice will remain posted at its business location on a bulletin board where notices, bulletins or announcements are usually and nonnally posted for llic benefit of employees. 'fhis Notice must not be defaced or removed.

By: ~kJhlMuA-
For: Charleston Area Medical Center, Inc.

Equal Employment Opportunity Commission

'The style of this case reflects the merger of Strategic Health Services, Inc, d/b/a Strategic Home Health Services with Charleston Area Medical Center, (In December I, 2000.
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United States District Court Southern District of West Virginia (Charleston) CIVIL DOCKET FOR CASE #: 2:01-cv-00910

CLOSED

EEOC v. CAMC Assigned to: Judge Elizabeth V. Hallanan Demand: $0 Cause: 42:2000 Job Discrimination (Race) Plaintiff Equal Employment Opportunity Commission
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Date Filed: 09/27/2001 Date Terminated: 09/05/2002 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Charles T. Miller U. S. ATTORNEY'S OFFICE P. O. Box 1713 Charleston, WV 25326-1713 304/345-2200 Fax: 347-5104 Email: chuck.miller@usdoj.gov TERMINATED: 11/20/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jacqueline H. McNair EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Pittsburgh Area Office Liberty Center, Suite 300 1001 Liberty Avenue Pittsburgh, PA 15222 412/644-6439 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kasey Warner U. S. ATTORNEY'S OFFICE P. O. Box 1713 Charleston, WV 25326-1713 304/345-2200 Fax: 347-5104 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kelly R. Curry U. S. ATTORNEY'S OFFICE P. O. Box 1713 Charleston, WV 25326-1713 304-345-2200
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V. Defendant Charleston Area Medical Center, Inc.

Fax: 304-347-5443 Email: Kelly.Curry@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
M. Jean Clickner EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Pittsburgh Area Office Liberty Center, Suite 300 1001 Liberty Avenue Pittsburgh, PA 15222 412/644-6439 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Stephen A. Weber KAY CASTO & CHANEY P.O. Box 2031 Charleston, WV 25327-2031 304/345-8900 Fax: 345-8909 Email: sweber@kaycasto.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Matthew S. Criswell KAY CASTO & CHANEY P.O. Box 2031 Charleston, WV 25327-2031 304/345-8900 Fax: 345-8909 ATTORNEY TO BE NOTICED

Date Filed 09/27/2001 09/27/2001 09/27/2001 09/27/2001

#

Docket Text

1 COMPLAINT. (mkw) Modified on 10/02/2001 (Entered: 09/28/2001)
2 APPLICATION by EEOC for admission Pro Hac Vice of M. Jean Clickner , with proposed order attached. (mkw) (Entered: 09/28/2001)
SUMMONS issued, original plus 2 copies for CAMC; Returnable days: 20. (mkw) (Entered: 09/28/2001)
CASE assigned to Judge Elizabeth V. Hallanan (ras) (Entered: 10/01/2001)

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10/17/2001 10/18/2001 10/24/2001
11/15/2001 11/19/2001 11/20/2001 11/20/2001
11/20/2001
11/23/2001 11/23/2001 11/23/2001 12/10/2001 12/13/2001

3 SUMMONS RETURNED EXECUTED by Secretary of State for CAMC; Accepted 10/01/01; Answer due on 10/31/01 for CAMC. (skh)
4 ANSWER to Complaint by CAMC (Attorney Stephen A. Weber, Matthew S. Criswell). (mkw)
5 ORDER AND NOTICE: Rule 12(b) motions w/supporting briefs due 11/14/01; Last day for Rule 26(f) meeting 11/23/01; Last day to file Rule 26(f) meeting report 11/30/01; Scheduling Conference with the Court at 2:30 on 12/14/01, in Huntington; Entry of Scheduling Order due by 12/21/01; Last day to make Rule 26(a)(1) disclosures 12/24/01. (signed by Judge Elizabeth V. Hallanan)(cc:attys, all unrepresented parties, Magistrate Judge Maurice Taylor) (taq)
6 PROPOSED DISCOVERY PLAN by EEOC, CAMC. (skh)
7 CERTIFICATE OF SERVICE by EEOC for pltf's Required Disclosures pursuant to Federal Rule of Civil Procedure 26(a). (skh)
8 DISCLOSURES by CAMC pursuant to Rule 26(a) of the Federal Rules of Civil Procedure. (skh)
9 SCHEDULING ORDER: pursuant to Rule 16(b), FRCivP and the local rules of this district, this case shall proceed as follows: Discovery to be completed by 3/19/02; Dispositive Motions except 12(b) due by 4/9/02, with responses due by 4/23/02, and replies due by 4/30/02; Settlement meeting no later than 8/13/02; Rule 26(a)(3) disclosures due at the settlement meeting; Proposed Integrated Pretrial Order by 8/29/02; Motions in limine due by 8/14/02, with resposnes due by 8/27/02; Pretrial Conference 2:00 9/3/02; Proposed Jury Charge due by 9/12/02; Final Settlement Conference 2:00 9/16/02; Trial 9:30 9/17/02. (signed by Judge Elizabeth V. Hallanan) (cc: attys; any unrepresented party) (skh)
LOCAL RULES OF MAGISTRATE JUDGE PROCEDURE NO 2.03 DISCOVERY MATTERS: Nondispositive discovery and pretrial motions relating to discovery practice are referred to magistrate judges in the divisions in which they are filed, with review of magistrate judges' decisions as provided for in FRCivP 72(a). REFERRED TO Magistrate Judge Mary E. Stanley. (skh)
10 CERTIFICATE OF SERVICE by EEOC for pltf's interrogatories (first set) directed to defts. (taq)
11 CERTIFICATE OF SERVICE by EEOC for pltf's first request for production of documents. (taq)
12 CERTIFICATE OF SERVICE by EEOC for pltf's requests for admissions (first set) directed to deft Charleston Area Medical Center, Inc. (taq)
13 ORDER canceling the scheduling conference set for 12/14/01 directing the parties that nondispositive discovery and pretrial motions relating to discovery practice are referred to Mag. Judge Stanley. ( signed by Magistrate Judge Mary E. Stanley ) (cc: attys, Judge Hallanan) (mkw) Modified on 12/28/2001
14 STIPULATION CHANGING DISCOVERY DATES by EEOC, CAMC re: stipulating and agreeing to a 30 day extension for discovery completion until 04/19/02, the parties have also stipulated and agreed that CAMC will be allowed a 30 day extension to complete Commission's interrogatories (first set) directed to

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12/27/2001 01/02/2002
01/04/2002 01/07/2002 01/11/2002 01/17/2002 01/25/2002
02/01/2002 02/08/2002

deft. (mkw) (Entered: 12/14/2001)
15 JOINT MOTION by EEOC, CAMC to Extend discovery dates in the Court's [9-1] Scheduling Order entered 11/20/01 , with proposed agreed order attached. (mkw) (Entered: 12/28/2001)
16 ORDER granting parties [15-1] joint motion to Extend discovery dates in the Court's [9-1] Scheduling Order entered 11/20/01, extending and incorporating the discovery dates in the following manner: Deft to respond to pltf's interrogatories (First Set) on or before 1/24/02; Discovery cut-off date extended until 4/19/02; filing of Dispositive Motions extended until 5/9/02, with Responses filed on or before 5/23/02, and replies filed on or before 5/30/02 ; and all other dates to remain unchanged. (signed by Judge Elizabeth V. Hallanan) (cc: attys) (taq) Modified on 01/07/2002
17 CERTIFICATE OF SERVICE by CAMC for its first set of interrogatories and request for production to pltf. (taq)
18 CERTIFICATE OF SERVICE by EEOC for first notice of depositions to deft. (individual, date and time not specified) (mkw)
19 SUPPLEMENT TO REQUIRED DISCLOSURES by EEOC pursuant to Rule 26(a), Federal Rules of Civil Procedure. (mkw) (Entered: 01/14/2002)
20 CERTIFICATE OF SERVICE by EEOC for its second Notice of Depositions. (deponents, date and time not specified) (taq) Modified on 01/22/2002
21 CERTIFICATE OF SERVICE by CAMC for its responses to Commission's request for admissions (first set) directed to deft, answers to Commission's interrogatories (first set) directed to deft and responses to Commission's first request for production of documents directed to deft. (taq)
22 CERTIFICATE OF SERVICE by EEOC for pltf's third notice of depositions. (deponents, dates and time not specified) (taq) Modified on 02/04/2002
23 STANDING ORDER IN RE: REFERRAL OF CIVIL ACTION MATTERS TO MAGISTRATE JUDGES ENTERED DECEMBER 28, 2001, NUNC PRO TUNC DECEMBER 26, 2001: Pursuant to 28 USC 636, certain types of civil actions and certain types of motions in civil cases shall be referred to the divisions as follows: For Beckley and Bluefield, to Magistrate Judge R. Clarke VanDervort; for Charleston and Parkersburg, to Magistrate Judge Mary E. Stanley; for Huntington, to Magistrate Judge Maurice G. Taylor, Jr.; the types of motions referred in all civil actions are: (1) applications to proceed in forma pauperis; (2) discovery disputes; and (3) discovery issues that arise post-judgment, such as interrogatories in aid of execution, judgment debtor examinations, and motions to compel answers to suggestions; the types of civil actions referred for total pretrial management and/or proposed findings of fact and recommendations for disposition are: (1) Actions for judicial review of an administrative determination under the Social Security Act, including applications for award of attorneys' fees and expenses under the Social Security Act or the Equal Access to Justice Act; and (2) Actions filed by persons proceeding pro se, whether in custody or not, until such person is represented by counsel; this order supersedes prior standing orders and referral orders in pending cases, but prior rulings made thereunder remain the law of the particular case.

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02/12/2002
02/13/2002 02/13/2002 02/13/2002 02/15/2002
02/25/2002 02/26/2002 03/13/2002 03/14/2002
03/14/2002
03/18/2002 03/18/2002 03/18/2002 03/25/2002 03/25/2002
03/25/2002

THIS CASE REFERRED TO Magistrate Judge Mary E. Stanley. (cc: attys; any unrepresented party) (tld)
24 CERTIFICATE OF SERVICE by CAMC for its supplemental responses to Commission's first request for production of documents No. 12 and Commmission's interrogatories (first set) No. 18. (taq)
25 CERTIFICATE OF SERVICE by EEOC for Commission's response to deft's first request for production. (mkw)
26 CERTIFICATE OF SERVICE by EEOC for Commission's response to deft's first set of interrogatories. (mkw)
27 CERTIFICATE OF SERVICE by CAMC for its notice of deposition. (deponent, date and time not specified) (taq)
28 CERTIFICATE OF SERVICE by EEOC for its second supplement to the Commission's required disclosures pursuant to Federal Rule of Civil Procedure 26(a). (taq)
29 CERTIFICATE OF SERVICE by EEOC for pltf's revised third notice of depositions. (deponents, dates and time not specified) (taq)
30 CERTIFICATE OF SERVICE by CAMC for supplemental disclosures pursuant to Rule 26(a), F.R.Civ.P. (mkw)
31 CERTIFICATE OF SERVICE by EEOC for its second request for production of documents to deft. (taq)
32 CERTIFICATE OF SERVICE by CAMC for its supplemental disclosures (second set) pursuant to Rule 26(a) of the Federal Rules of Civil Procedure. (taq) (Entered: 03/15/2002)
33 CERTIFICATE OF SERVICE by CAMC for its request for admission (first set), interrogatories (second set) and request for production of documents (second set) to pltf. (taq) (Entered: 03/15/2002)
34 CERTIFICATE OF SERVICE by EEOC for its interrogatories (second set) directed to defts. (taq) (Entered: 03/19/2002)
35 CERTIFICATE OF SERVICE by EEOC for its third request for production of documents to deft. (taq) (Entered: 03/19/2002)
36 CERTIFICATE OF SERVICE by CAMC for its second set of interrogatories to pltf and second request for production. (taq) (Entered: 03/19/2002)
37 STIPULATED JOINT MOTION by EEOC, CAMC to Amend the Court's [9-1] Scheduling order , with proposed order attached. (mkw)
38 STIPULATED MOTION by EEOC, CAMC for Leave to File discovery in excess of L.R.Civ.P. 3.01 , with proposed order attached. (Referred to Magistrate Judge Mary E. Stanley) (mkw)
39 CERTIFICATE OF SERVICE by EEOC for notice of deposition of Mary Linn Hamilton to deft. (pdb) (Entered: 03/26/2002)

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03/26/2002
03/27/2002 04/01/2002 04/03/2002 04/08/2002 04/08/2002 04/19/2002 04/22/2002 04/25/2002 05/02/2002 05/08/2002 05/13/2002 05/22/2002 05/24/2002 08/29/2002

40 ORDER granting the parties' [37-1] stipulated joint motion to Amend the Court's [9-1] Scheduling order; Discovery due by 6/19/02; Disp. Motions due by 7/9/02, with responses due by 7/23/02, and any reply due by 7/30/02 ; in all other respects, the time limitation established by the Scheduling Order shall remain. (signed by Judge Elizabeth V. Hallanan) (cc: attys) (mkw)
41 CERTIFICATE OF SERVICE by EEOC for its notice of deposition of Robert Savage. (date and time not specified) (taq)
42 ORDER granting the parties' [38-1] stipulated motion for leave to file discovery in excess of L.R.Civ.P. 3.01. (signed by Magistrate Judge Mary E. Stanley) (cc: attys) (taq)
43 CERTIFICATE OF SERVICE by EEOC for pltf's third supplement to the Commission's required disclosures. (taq)
44 CERTIFICATE OF SERVICE by EEOC for interrogatories (third set) directed to deft. (pdb) Modified on 04/09/2002 (Entered: 04/09/2002)
45 CERTIFICATE OF SERVICE by EEOC for request for admissions (second set) directed to deft. (pdb) Modified on 04/09/2002 (Entered: 04/09/2002)
46 CERTIFICATE OF SERVICE by EEOC for its response to deft's request for admissions (first set), interrogatories (second set), and request for documents (second set). (taq)
47 CERTIFICATE OF SERVICE by EEOC for pltf's response to deft's second (sic third) set of interrogatories and second (sic third) request for production. (taq)
48 CERTIFICATE OF SERVICE by CAMC for deft's answers to Commission's interrogatories (second set), responses to Commission's request for production of documents (third set) and verification. (taq)
49 CERTIFICATE OF SERVICE by EEOC for pltf's response to deft's request for admissions (first set), interrogatories (second set), and request for documents (second set). (taq) (Entered: 05/03/2002)
50 CERTIFICATE OF SERVICE by CAMC for deft's responses to Commission's request for admissions (second set). (taq)
51 CERTIFICATE OF SERVICE by EEOC for pltf's revised response to deft's first set of interrogatories. (taq)
52 CERTIFICATE OF SERVICE by CAMC for its answer to Commission's third set of interrogatories. (taq)
53 CERTIFICATE OF SERVICE by CAMC for deft's verification to its [52-1] answer to Commission's third set of interrogatories, w/verification attached. (taq) Modified on 05/29/2002
54 ORDER, the Court having received written notification from the parties that a settlement has been reached, canceling the pretrial conference scheduled for 09/03/02 . (signed by Judge Elizabeth V. Hallanan) (cc: attys via fax and mail) (mkw)

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WVSD CM/ECF version 3.0 - Docket Report

https://ecf.wvsd.uscourts.gov/cgi-bin/DktRpt.pl?643777519714426-L_...

09/05/2002
09/05/2002 09/05/2002

55 CONSENT DECREE the style of this case reflects the merger of Strategic Health Services, Inc. d/b/a Strategic Home Health Services with CAMC on 12/1/2000; this final and binding Consent Decree resolves fully and finally, as set forth in detail herein, all claims raised by the EEOC in the complaint; the case shall be and hereby is dismissed with prejudice, subject to this Court's jurisdiction to enforce the provisions of this Consent Decree. (signed by Judge Elizabeth V. Hallanan) (cc: attys) (mkw) Modified on 09/09/2002
CASE NO LONGER REFERRED TO Mag. Judge Stanley. (mkw)
Case closed. (mkw)

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 FY 2002 Office of General Counsel Annual Report

http://www.eeoc.gov/litigation/02annrpt.html

In another case, EEOC v. Charleston Area Medical Center, Inc., the Commission obtained $45,000 in damages on behalf of a black nurse who was discharged during a reduction-in-force, despite having greater seniority and a better work record than her white coworkers.

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