IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
CIVIL ACTION NO.

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

HENREDON FURNITURE

)

INDUSTRIES, INC.,

)

)

Defendant.

)

______________________________________ )

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 of the Civil Rights Act of 1991, to correct unlawful employment practices on the basis of race, and to provide appropriate relief to employees who were adversely affected by the practices. The Commission alleges that Defendant Henredon Furniture Industries, Inc. (“Defendant”) discriminated against Rickie Wilson, Freddie Ragin, Lester Little and other similarly situated African American employees by subjecting them to racial harassment and a racially hostile work environment because of their race, African American.
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 Section 706(f) (1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e–5(f) (1) and (3) (“Title VII”), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.

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2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Middle District of North Carolina.
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 of the Civil Rights Act and is expressly authorized to bring this action by Sections 706(f)(1) and (3) of Title VII, 42 U.S.C. §2000e-5(f)(1) and (3). 4. At all relevant times, Defendant Henredon Furniture Industries, Inc. has continuously been a Delaware corporation doing business in the State of North Carolina and the City of High Point and has continuously had at least fifteen employees. 5. At all relevant times, Defendant Henredon Furniture Industries, Inc. has continuously been an employer engaged in an industry affecting commerce under Sections 701 (b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Rickie Wilson, Freddie Ragin and Lester Little filed charges with the Commission alleging violations of Title VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least 1997 until January 2006, Defendant has engaged in unlawful employment practices at its facility located in High Point, North Carolina, in violation of Section 703(a)(1) of Title VII, 42 U.S.C. § 2000e-2(a)(1). Specifically, Defendant subjected Rickie Wilson, Freddie Ragin, Lester Little and other similarly situated African American employees to discrimination based on their race by subjecting them to racial harassment that created a racially
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hostile work environment. The racial harassment included unwelcome racial slurs, jokes and comments by numerous employees, including supervisors. Although Defendant received complaints about the racially hostile work environment from some of the aggrieved individuals and otherwise knew or reasonably should have known about the racial harassment, Defendant failed to take reasonable steps to prevent or correct the racial harassment. The racial harassment therefore continued.
8. The effect of the practices complained of in paragraph 7 above has been to deprive Rickie Wilson, Freddie Ragin, Lester Little and other similarly situated African American employees of equal employment opportunities and otherwise adversely affect their status as employees because of their race.
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 Rickie Wilson, Freddie Ragin, Lester Little and other similarly situated African American employees.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns, and all persons in active concert or participation with it, from racial harassment or any other employment practice that discriminates on the basis of race.
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B. Order Defendant to institute and carry out policies, practices, and programs that provide equal employment opportunities for African American employees and which eradicate the effects of its past and present unlawful employment practices.
C. Order Defendant to make whole Rickie Wilson, Freddie Ragin, Lester Little and other similarly situated African American employees by providing compensation for past and future pecuniary losses resulting from the unlawful practices complained of in paragraph 7 above in amounts to be determined at trial.
D. Order Defendant to make whole Rickie Wilson, Freddie Ragin, Lester Little and other similarly situated African American employees by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including but not limited to emotional pain, suffering, inconvenience, loss of enjoyment of life, humiliation, and loss of civil rights in amounts to be determined at trial.
E. Order Defendant to pay Rickie Wilson, Freddie Ragin, Lester Little and other similarly situated African American employees punitive damages for its malicious and reckless conduct, as described above, in amounts to be determined at trial.
F. Grant such further relief as the Court deems necessary and proper in the public interest.
G. Award the Commission its costs of this action. JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint.
DATED this 6th day of September, 2006.
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Respectfully submitted,
RONALD S. COOPER 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
/s/ Lynette A. Barnes LYNETTE A. BARNES Regional Attorney
TINA BURNSIDE Supervisory Trail Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Charlotte District Office 129 West Trade Street, Suite 400 Charlotte, North Carolina 28202
/s/ Zoë G. Mahood ZOË G. MAHOOD Senior Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Raleigh Area Office 1309 Annapolis Drive Raleigh, North Carolina 27608 Telephone: 919.856.4080 Facsimile: 919.856.4156 Zoe.Mahood@eeoc.gov
ATTORNEYS FOR PLAINTIFF
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 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLI
CIVIL ACTION NO. 1:06-CV-00744

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

HENREDON FURNITURE

)

INDUSTRIES, INC.,

)

)

Defendant.

)

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

The Equal Employment Opportunity Commission (the "Commission") instituted this action, pursuant to Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Section 2000e-5(f)(1) and (3) ("Title VII") and Section 102 of the Civil Rights Act of 1991,42 U.S.C. § 1981a, alleging Defendant discriminated against a class of African American employees by subjecting them to racial harassment and a racially hostile work environment because of their race.
The Commission and the Defendant, Henredon Furniture Industries, Inc. (the "Defendant"), hereby stipulate to jurisdiction of the Court over the parties and agree that the subject matter of this action is properly before the Court.
The parties have advised this Court that they desire to resolve the allegations in the Complaint without the burden, expense, and delay of further litigation. By entering into this Decree, Defendant does not admit to any liability.
It is therefore the finding of this Court, made on the pleadings and the record as a whole, that:

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(1) the Court has jurisdiction over the parties and the subject matter of this action; (2) the purpose and

provisions of Title VII will be promoted and effectuated by the entry of the Consent Decree; and (3) this

Decree resolves all matters in controversy between the parties as provided in paragraphs 1 through 16

below.

It is therefore ORDERED, ADJUDGED AND DECREED as follows:

1. Defendant shall not discriminate against any person on the basis of race or any other

protected category within the meaning of Title VII.

2. Defendant shall not discriminate or retaliate against any person because of

opposition to any practice made unlawful under Title VII of the Civil Rights Act of 1964 or because of

the filing of a charge, the giving of testimony or assistance, or the participation in any investigation,

proceeding or hearing under that statute.

3.

Defendant shall pay the total amount of four hundred sixty-five thousand dollars

($465,000.00) in resolution of the claims alleged in this matter. Payment shall be made to the following

individuals in amounts determined by the Commission: Lonnell Alford, Floyd Goree, David Howell,

Lester Little, Preston McDuffie, Freddie Ragin and Rickie Wilson ("the Individual Claimants"). Within

three (3) days of the entry ofthis decree, the Commission will provide Defendant with a payment

schedule showing the amount to be paid to each Individual Claimant as well as the address to which

payment shall be mailed. Defendant shall make payment pursuant to the schedule provided by the

Commission within fifteen (15) days after the Commission provides Defendant with payment schedule or

within fifteen (15) days after the Court approves this Consent Decree, whichever is later. Within ten

(10) days after payment has been mailed, Defendant shall mail to Lynette A. Barnes, Regional Attorney,

2

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at the Equal Employment Opportunity Commission, 129 W. Trade Street, Suite 400, Charlotte N.C., 28202, a copy of the each check and proof of each check's delivery to each Individual Claimant.
4. Within ten (10) days of the entry of this decree by the Court, Defendant shall eliminate from the employment records of the Individual Claimants any and all documents, entries, or references of any kind relating to the facts and circumstances which led to the filing of EEOC Charge Numbers 1452005-00231, 145-2005-01037, and 145-2005-01038 and the related events that occurred thereafter. Within fifteen (15) days of the entry of this decree by the Court, Defendant shall report compliance with this provision to the EEOC.
5. Defendant agrees to provide the Individual Claimants with positive letters of reference in the form attached as Exhibit A. The reference letters will be mailed to the Individual Claimants within fifteen (15) days after the entry of this decree by the Court.
6. Within thirty (30) days of the entry of this decree by the Court, Defendant shall revise its formal, written harassment policy to state that the policy specifically prohibits racial harassment. Within forty-five (45) days of the entry of this decree by the Court, Defendant shall distribute to each current employee at Defendant's High Point and Mount Airy, N.C. plants a copy of the revised policy. Within sixty (60) days of the entry of this decree, Defendant shall report compliance to the Commission. During the term of this Decree, Defendant shall distribute the policy to all new employees and review it with them at the time of hire.
7. During the term of this decree, Defendant shall to post a copy of the revised policy described in paragraph 6, supra, in all its plants in High Point and Mount Airy, N.C. in a place where it is visible to employees. If the policy becomes defaced or unreadable, Defendant will replace it by
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posting another copy ofthe policy. Within forty-five (45) days after the Consent Decree is entered, Defendant will post the revised policy and notify the EEOC that it has been posted.
8. During the term of this Decree, Defendant shall provide an annual training program to all of its managers, supervisors and employees at its High Point and Mount Airy, N.C. facilities. Each training program shall include an explanation of the requirements of Title VII of the Civil Rights Act of 1964 and its prohibition against racial harassment and retaliation in the workplace. Each training program shall also include an explanation of Defendant's policy referenced in paragraph 6 above, and an explanation of the rights and responsibilities of employees and managers under the policy.
The first training program shall be completed within ninety (90) days after entry of the decree by the Court. Each subsequent training program shall be conducted at approximately one-year intervals. At least fifteen (15) days prior to each program, Defendant shall provide the Commission with an agenda for the training program. Within ten (10) days after completion of each training program, Defendant shall certify to the Commission the specific training which was undertaken and shall provide the Commission with a roster of all employees in attendance.
9. Beginning within thirty (30) days after the entry of this Decree by the Court, and continuing throughout the term of this Decree, Defendant shall conspicuously post the attached Employee Notice, marked Exhibit B, hereby made a part of this Decree, in a place where it is visible to employees at all its High Point and Mount Airy, N.C. facilities. lfthe Notice becomes defaced or unreadable, Defendant shall replace it by posting another copy of the Notice. Within forty-five (45) days after the Consent Decree is entered, Defendant will notify the EEOC that the Employee Notice has been posted.
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10. During the term of this Consent Decree, Defendant shall provide the Commission with reports at six (6) month intervals, with the first being due four (4)months after approval by the Court of this Decree. The reports will include the following information: (a) the identities of all individuals who have complained of any race-based conduct, to include comments, jokes, graffiti or harassment, including by way of identification each person's name, address, telephone number, race, position, and social security number; (b) a detailed statement of the individual's complaint; (c) the identity of the individual who engaged in the race-based conduct, including by way of identification each person's name, address, telephone number, race, position, and social security number; and (d) what action was taken by Defendant in response to the individual's complaint. Defendant shall submit the reports to the Commission four (4) months after the date of entry of this Consent Decree and every six months thereafter during the term of this Decree. If Defendant has no activity to report, Defendant should submit a negative report.
11. The Commission may review compliance with the terms of this Decree. As part of a review for compliance with the policy posting and notice posting provisions in paragraphs 7 and 9, the Commission may inspect Defendant's facilities without notice. In reviewing compliance with any provision of this Decree, the Commission may interview employees, and examine and copy documents with 24 hours prior notice.
12. If anytime during the term of this Decree, the Commission believes that Defendant is in violation of the Decree, the Commission shall give notice of the alleged violation to Defendant. Defendant shall have ten (10) days in which to investigate and respond to the allegations. Thereafter, the parties shall then have a period of ten (10) days or such additional period as may be agreed upon by
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them, in which to engage in negotiation and conciliation regarding such allegations before the Commission exercises any remedy provided by law.
13. The term of this Decree shall be for three (3) years from its entry by the Court. 14. All reports or other documents sent to the Commission by Defendant pursuant to this Decree shall be sent to: Lynette A. Barnes, Regional Attorney, at the Equal Employment Opportunity Commission, 129 W. Trade Street, Suite 400, Charlotte N.C., 28202. 15. Each party shall bear its own costs and attorney's fees. 16. This Court shall retain jurisdiction of this cause for purposes of monitoring compliance with this Decree and entry of such further orders as may be necessary or appropriate.

I - - ?

-

~~

onorable James A. Beaty, Jr.

----_/

Judge, U.S. District Court

Middle District of North Carolina

The parties jointly request that the Court approve and enter the Consent Decree:
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff RONALD COOPER General Counsel JAMES L. LEE Deputy General Counsel
6
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GWENDOLYN YOUNG REAMS Associate General Counsel
lsi Lynette A. Barnes Lynette A. Barnes Regional Attorney 129 West Trade Street, Suite 400 Charlotte, N.C. 28202 Tel: (704) 344-6878
lsi Tina Burnside Tina Burnside Supervisory Trial Attorney 129 West Trade Street, Suite 400 Charlotte, N.C. 28202 Tel: (704) 344-6876
lsi Zoe G. Mahood Zoe G. Mahood Senior Trial Attorney 1309 Annapolis Drive Raleigh, N.C. 27608 Tel: (919) 856-4080
HENREDON FURNITURE INDUSTRIES, INC., Defendant
lsi Gregory P. McGuire Gregory P. McGuire, Esq. OGLETREE DEAKINS NASH SMOAK
& STEWART, P.C. 2301 Sugar Bush Road, Suite 600 Raleigh, N.C. 27612 Tel: (919) 787-9700
7
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EXHIBIT A

[Defendant's letterhead] [Date]

TO WHOM IT MAY CONCERN: We are pleased to provide the following reference on behalf of our [former or current] employee,

was employed by Henredon Furniture Industries, Inc. as a

_ _ _ _ _ _ _ _ from

to

. His ending salary was $

per hour. During his

employment with Henredon, he was a skilled and reliable employee.

was laid off as

a result of a plant closing in early, 2006.

We hope that this information about _ _ _ _ _ _ _ _ _ is helpful to you in considering him for employment.

Sincerely,

[Typed name of company president] President, Henredon Furniture Industries, Inc.

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18AG, CASREF, CLOSED, MEDIATION, TRIAL
U.S. District Court North Carolina Middle District (Durham) CIVIL DOCKET FOR CASE #: 1:06-cv-00744-JAB-RAE

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. HENREDON FURNITURE INDUSTRIES, INC. Assigned to: CHIEF JUDGE JAMES A. BEATY, JR Referred to: MAG/JUDGE RUSSELL A. ELIASON Cause: 42:2000 Job Discrimination (Race)

Date Filed: 09/06/2006 Date Terminated: 01/22/2008 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

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

V.
Defendant HENREDON FURNITURE INDUSTRIES, INC.

represented by GREGORY P. MCGUIRE OGLETREE DEAKINS NASH SMOAK & STEWART, P.C. POB 31608 RALEIGH, NC 27622 919-787-9700 Fax: 919-783-9412 Email: greg.mcguire@ogletreedeakins.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
PHILLIP JOHN STRACH OGLETREE DEAKINS NASH SMOAK & STEWART, P.C. 2301 SUGAR BUSH RD., STE. 600 RALEIGH, NC 27612 919-789-3179 Fax: 919-783-9412

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Email: phil.strach@ogletreedeakins.com ATTORNEY TO BE NOTICED
SARAH H. ROANE OGLETREE DEAKINS NASH SMOAK & STEWART, P.C. 2725 HORSE PEN CREEK RD., STE. 101 GREENSBORO, NC 27410-8392 336-375-9737 Fax: 336-375-4430 Email: sarah.roane@ogletreedeakins.com ATTORNEY TO BE NOTICED

Date Filed 09/06/2006 09/06/2006 09/06/2006
10/02/2006
11/06/2006 12/04/2006 12/18/2006
01/11/2007 01/12/2007

# Docket Text
1 COMPLAINT against HENREDON FURNITURE INDUSTRIES, INC., filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.(MAHOOD, ZOE) (Entered: 09/06/2006)
2 CIVIL COVER SHEET, filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.(MAHOOD, ZOE) (Entered: 09/06/2006)
CASE REFERRED to Mediation pursuant to Local Rule 83.10b of the Rules of Practice and Procedure of this Court. Please go to our website form directory for a list of mediators which must be served on all parties. (McClain, Abby) (Entered: 09/08/2006)
3 WAIVER OF SERVICE Returned Executed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. HENREDON FURNITURE INDUSTRIES, INC. waiver sent on 9/6/2006, answer due 11/6/2006. (MAHOOD, ZOE) (Entered: 10/02/2006)
4 ANSWER to Complaint by HENREDON FURNITURE INDUSTRIES, INC. (MCGUIRE, GREGORY) (Entered: 11/06/2006)
5 NOTICE of Appearance by attorney SARAH H. ROANE on behalf of Defendant HENREDON FURNITURE INDUSTRIES, INC. (ROANE, SARAH) (Entered: 12/04/2006)
6 NOTICE of Initial Pretrial Conference Hearing:Initial Pretrial Conference Hearing set for 1/18/2007 09:30 AM in Winston-Salem Courtroom #3 before MAG/JUDGE RUSSELL A. ELIASON. (Williamson, Wanda) (Entered: 12/18/2006)
7 Rule 26(f) Report (Joint) filed by all parties by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.(MAHOOD, ZOE) (Entered: 01/11/2007)
***Motions Referred: 7 Rule 26(f) Report (Joint) filed by all parties to Judge RUSSELL A. ELIASON - (Williamson, Wanda) (Entered: 01/12/2007)

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01/16/2007
02/06/2007 02/07/2007 02/13/2007
02/14/2007
02/14/2007 02/14/2007
02/20/2007 04/23/2007 04/24/2007 05/02/2007 05/02/2007 08/30/2007 09/05/2007

8 RULE 26F ORDER (JOINT) signed by Mag/Judge RUSSELL A. ELIASON on 1/16/07 Plaintiffs Amended Pleadings due by 3/1/2007., Defendants Amended Pleadings due by 4/1/2007., Discovery due by 8/31/2007., Joinder of Parties for Plaintiff due by 3/1/2007., Joinder of Parties for Defendant due by 4/1/2007. Parties do not consent to refer case to a Mag/Judge. ETT: 6-8d. A jury trial has been demanded.(Wilson, JoAnne) (Entered: 01/16/2007)
MEDIATION SCHEDULING ORDER; Mediation due by 5/31/2007. (Gammon, Cheryl) (Entered: 02/06/2007)
9 ORDER Appointing FRANK W. BULLOCK, JR., as the mediator pursuant to LR 83.9d(a). Signed by John S. Brubaker, Clerk of Court. (Gammon, Cheryl) (Entered: 02/07/2007)
10 MOTION for Extension of Time to Respond to Plaintiff's First Set of Interrogatories and First Request for Production of Documents by HENREDON FURNITURE INDUSTRIES, INC. Responses due by 2/27/2007 (ROANE, SARAH) (Entered: 02/13/2007)
***Motions Referred: 10 MOTION for Extension of Time to Respond to Plaintiff's First Set of Interrogatories and First Request for Production of Documents to Judge RUSSELL A. ELIASON - (Winchester, Robin) (Entered: 02/14/2007)
Telephone Notice on 2/14/2007 from Atty. Sarah Roane informing the Clerk's Office that Plaintiff's Counsel now consents to the full 30 days re: pldg. 10 (Winchester, Robin) (Entered: 02/14/2007)
11 ORDER granting 10 Motion for Extension of Time, and Defendant has up to and including March 16, 2007 to respond to Plaintiff's First Set of Interrogatories and First Request for Production of Documents signed by Judge RUSSELL A. ELIASON on 2/14/07. (Wilson, JoAnne) (Entered: 02/14/2007)
12 NOTICE of Hearing:,Jury Trial set for 1/7/2008 09:30 AM. Trial Briefs, etc. due 12/17/2007. (Winchester, Robin) (Entered: 02/20/2007)
13 JOINT MOTION for Protective Order by HENREDON FURNITURE INDUSTRIES, INC. Responses due by 5/17/2007 (Attachments: # 1 Text of Proposed Order)(MCGUIRE, GREGORY) (Entered: 04/23/2007)
***Motions Referred: 13 JOINT MOTION for Protective Order to Judge RUSSELL A. ELIASON - (Winchester, Robin) (Entered: 04/24/2007)
14 ORDER granting 13 Joint Motion Protective Order signed by Mag/Judge RUSSELL A. ELIASON on 5/2/07. (Wilson, JoAnne) (Entered: 05/02/2007)
15 SUPPLEMENTAL PROTECTIVE ORDER signed by Mag/Judge RUSSELL A. ELIASON on 5/2/07. (Wilson, JoAnne) (Entered: 05/02/2007)
16 Joint MOTION for Extension of Time in which to Conduct Mediation and To File Dispositive Motions by HENREDON FURNITURE INDUSTRIES, INC. (MCGUIRE, GREGORY) (Entered: 08/30/2007)
17 NOTICE of Intent to File Dispositive Motions by Defendant HENREDON FURNITURE INDUSTRIES, INC. (MCGUIRE, GREGORY) (Entered:

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09/10/2007 09/12/2007
09/12/2007 09/13/2007 09/13/2007 09/28/2007 10/02/2007 10/08/2007 10/08/2007
10/25/2007

09/05/2007)
***Motions Referred: 16 Joint MOTION for Extension of Time in which to Conduct Mediation and To File Dispositive Motions to Judge RUSSELL A. ELIASON - (Winchester, Robin) (Entered: 09/10/2007)
18 ORDER denying 16 Motion for Extension of Time, but without prejudice to the parties submitting a motion and order setting out a schedule which has all dispositive motions and briefs, including responses and replies, filed on or before November 12, 2007, so that the motions will be ready for ruling by November 12, 2007, and therefore, the Court will have sufficient time to enter a ruling prior to the January 7, 2008 trial date signed by Mag/Judge RUSSELL A. ELIASON on 9/12/07. (Wilson, JoAnne) (Entered: 09/12/2007)
19 Joint MOTION for Extension of Time in Which to Conduct Mediation and to File Dispositive Motions (Revised) by HENREDON FURNITURE INDUSTRIES, INC. Responses due by 10/5/2007 (MCGUIRE, GREGORY) (Entered: 09/12/2007)
***Motions Referred: 19 Joint MOTION for Extension of Time in Which to Conduct Mediation and to File Dispositive Motions (Revised) to Judge RUSSELL A. ELIASON - (Winchester, Robin) (Entered: 09/13/2007)
20 ORDER granting 19 Motion for Extension of Time signed by Mag/Judge RUSSELL A. ELIASON on 9/13/07 Dispositive Motions due by 10/8/2007, Mediation due by 10/24/2007, Replies due by 11/12/2007, Responses due by 11/7/2007 (Wilson, JoAnne) (Entered: 09/13/2007)
21 MOTION for Leave to File Excess Pages by HENREDON FURNITURE INDUSTRIES, INC. Responses due by 10/22/2007 (MCGUIRE, GREGORY) (Entered: 09/28/2007)
***Motions Referred: 21 MOTION for Leave to File Excess Pages to Judge RUSSELL A. ELIASON - (Winchester, Robin) (Entered: 10/02/2007)
22 MOTION for Summary Judgment by HENREDON FURNITURE INDUSTRIES, INC. Responses due by 11/13/2007 (MCGUIRE, GREGORY) Modified on 10/9/2007 to remove punctuation (Lee, Lisa). (Entered: 10/08/2007)
23 MEMORANDUM filed by Defendant HENREDON FURNITURE INDUSTRIES, INC. re 22 MOTION for Summary Judgment filed by HENREDON FURNITURE INDUSTRIES, INC. (Attachments: # 1 Deposition of Agamedi# 2 Deposition of Alford# 3 Deposition of Cornelison# 4 Deposition of Goree# 5 Deposition of Howell# 6 Deposition of Killon# 7 Deposition of Little# 8 Deposition of Ragin# 9 Deposition of Rhymer# 10 Deposition of Wittenberg (1)# 11 Deposition of Wittenberg (2)# 12 Plaintiff's Exhibits (1)# 13 Plaintiff's Exhibits (2)# 14 Plaintiff's Exhibits (3)# 15 Plaintiff's Exhibits (4)# 16 Plaintiff's Exhibits (5)# 17 Plaintiff's Exhibits (6)# 18 Plaintiff's Exhibits (7)# 19 Plaintiff's Exhibits (8)# 20 Defendants' Exhibits (1)# 21 Defendants' Exhibits (2)# 22 Affidavit of Wittenberg)(MCGUIRE, GREGORY) Modified on 10/9/2007 to remove punctuation (Lee, Lisa). (Entered: 10/08/2007)
Case Reassigned to Judge JAMES A. BEATY, JR. Judge WILLIAM L. OSTEEN no longer assigned to the case. (Powell, Gloria) (Entered: 10/25/2007)

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10/25/2007 10/26/2007 11/06/2007 11/07/2007
11/08/2007 11/09/2007 11/09/2007

24 Consent MOTION for Leave to File Excess Pages by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. Responses due by 11/19/2007 (Attachments: # 1 Text of Proposed Order) (MAHOOD, ZOE) Modified on 10/26/2007 to correct spacing (Lee, Lisa). (Entered: 10/25/2007)
***Motions Submitted: 21 MOTION for Leave to File Excess Pages, 24 Consent MOTION for Leave to File Excess Pages to Judge JAMES A. BEATY JR. (Kemp, Donita) (Entered: 10/26/2007)
25 NOTICE of Trial Calendar Jury Trial set for 1/7/2008 09:30 AM in Winston-Salem Courtroom #1 before CHIEF JUDGE JAMES A. BEATY JR. (Simmonds, Lisa) (Entered: 11/06/2007)
26 MEMORANDUM OF LAW IN OPPOSITION re 22 MOTION for Summary Judgment filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. Replies due by 11/12/2007. (Attachments: # 1 Exhibit Deposition of Rickie Wilson - part 1, # 2 Exhibit Deposition of Rickie Wilson - part 2, # 3 Affidavit Rickie Wilson Affidavit, # 4 Exhibit Deposition of Freddie Ragin, # 5 Affidavit Freddie Ragin Affidavit, # 6 Exhibit Deposition of Lester Little, # 7 Affidavit Lester Little Affidavit, # 8 Exhibit Deposition of Floyd Goree, # 9 Affidavit Floyd Goree Affidavit, # 10 Exhibit Deposition of David Howell, # 11 Affidavit David Howell Affidavit, # 12 Exhibit Deposition of Lonnell Alford, # 13 Affidavit Preston McDuffie Affidavit, # 14 Exhibit Deposition of Ken Sessions, # 15 Exhibit Deposition of Randy Rickard, # 16 Exhibit Deposition of Danny East, # 17 Exhibit Deposition of Richard Rhymer, # 18 Exhibit Deposition of Tiki Wittenberg, # 19 Exhibit Deposition of Joe Harrill, # 20 Exhibit Deposition of Jack Skinner, # 21 Exhibit Deposition of Jason Agamedi, # 22 Exhibit Deposition of Jim Cornelison, # 23 Exhibit Deposition of Rocky Killon, # 24 Exhibit Deposition of Barbara McKinney, # 25 Exhibit Interrogatory Responses, # 26 Exhibit Admissions, # 27 Exhibit Plaintiff Deposition Exhibits, # 28 Exhibit EEO-1s, # 29 Exhibit Foster Wheeler, # 30 Exhibit Sackey, # 31 Exhibit KCD, # 32 Exhibit Crowder, # 33 Exhibit Homesley, # 34 Exhibit Appendix Table of Contents)(MAHOOD, ZOE) Modified on 11/8/2007 to accurately reflect title of document (Wilson, JoAnne). (Entered: 11/07/2007)
27 MOTION to Strike 26 Response in Opposition to Motion, by HENREDON FURNITURE INDUSTRIES, INC. Responses due by 12/3/2007 (MCGUIRE, GREGORY) (Entered: 11/08/2007)
28 MOTION for Leave to File Revised Memorandum of Law in Opposition to Defendant's Motion for Summary Judgment by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. Responses due by 12/3/2007 (Attachments: # 1 Exhibit Revised Memorandum of Law in Opposition to Defendant's Motion for Summary Judgment, # 2 Text of Proposed Order)(MAHOOD, ZOE) (Entered: 11/09/2007)
29 RESPONSE in Opposition re 27 MOTION to Strike 26 Response in Opposition to Motion, 28 MOTION for Leave to File Revised Memorandum of Law in Opposition to Defendant's Motion for Summary Judgment (Response in Support of Motion to File Revised Memorandum in Opposition to Defendant's Motion for Summary Judgment) filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. Replies due by 11/30/2007. (Attachments: # 1 Affidavit

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Declaration of Zoe G. Mahood)(MAHOOD, ZOE) (Entered: 11/09/2007)
30 REPLY, filed by Defendant HENREDON FURNITURE INDUSTRIES, INC., to Response to 22 MOTION for Summary Judgment filed by HENREDON FURNITURE INDUSTRIES, INC. (Attachments: # 1 Exhibit Response to Interrogatory, # 2 Exhibit Ragin Deposition Excerpt, # 3 Exhibit Howell Deposition Excerpt)(MCGUIRE, GREGORY) (Entered: 11/13/2007)
***Motions Submitted: 28 MOTION for Leave to File Revised Memorandum of Law in Opposition to Defendant's Motion for Summary Judgment to Judge CHIEF JUDGE JAMES A. BEATY, JR. (Kemp, Donita) (Entered: 11/13/2007)
31 ORDER signed by CHIEF JUDGE JAMES A. BEATY, JR on 11/14/07 that Defendant's Motion to Strike Plaintiff's Memorandum of Law in Opposition to Defendant's Motion for Summary Judgment be DENIED and Plaintiff be ALLOWED to file its Revised Memorandum of Law in Opposition to Defendant's Motion for Summary Judgment in substitution for the Memorandum of Law filed on November 7, 2007. (Wilson, JoAnne) (Entered: 11/14/2007)
32 MEMORANDUM OF LAW in Opposition re 22 MOTION for Summary Judgment (Revised) filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. Replies due by 11/14/2007. (Attachments: # 1 Exhibit Wilson Deposition - part 1, # 2 Exhibit Wilson Deposition - part 2, # 3 Affidavit Wilson Affidavit, # 4 Exhibit Ragin Deposition, # 5 Affidavit Ragin Affidavit, # 6 Exhibit Little Deposition, # 7 Affidavit Little Affidavit, # 8 Exhibit Goree Deposition, # 9 Affidavit Goree Affidavit, # 10 Exhibit Howell Deposition, # 11 Affidavit Howell Affidavit, # 12 Exhibit Alford Deposition, # 13 Affidavit McDuffie Affidavit, # 14 Exhibit Sessions Deposition, # 15 Exhibit Rickard Deposition, # 16 Exhibit East Deposition, # 17 Exhibit Rhymer Deposition, # 18 Exhibit Wittenberg Deposition, # 19 Exhibit Harrill Deposition, # 20 Exhibit Skinner Deposition, # 21 Exhibit Agamedi Deposition, # 22 Exhibit Cornelison Deposition, # 23 Exhibit Killon Deposition, # 24 Exhibit McKinney Deposition, # 25 Exhibit Interrogatories, # 26 Exhibit Admissions, # 27 Exhibit Plaintiff Exhibits, # 28 Exhibit EEO-1s, # 29 Exhibit Foster Wheeler, # 30 Exhibit Sackey, # 31 Exhibit KCD Construction, # 32 Exhibit Crowder, # 33 Exhibit Homesley, # 34 Appendix Table of Contents)(MAHOOD, ZOE) Modified on 11/15/2007 to accurately reflect title of document (Wilson, JoAnne). (Entered: 11/14/2007)
***Motions Submitted: 22 MOTION for Summary Judgment to Judge CHIEF JUDGE JAMES A. BEATY, JR. (Kemp, Donita) (Entered: 11/26/2007)
33 NOTICE of Hearing: Settlement Conference set for 12/11/2007 10:00 AM in Winston-Salem Courtroom #1 before CHIEF JUDGE JAMES A. BEATY JR. (Kemp, Donita) (Entered: 11/26/2007)
34 MOTION for Leave to File Surreply in Opposition to Defendant's Motion for Summary Judgment by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. Responses due by 12/21/2007 (Attachments: # 1 Exhibit Surreply, # 2 Text of Proposed Order)(MAHOOD, ZOE) (Entered: 11/28/2007)
***Motions Submitted: 34 MOTION for Leave to File Surreply in Opposition to Defendant's Motion for Summary Judgment to Judge CHIEF JUDGE JAMES A. BEATY, JR. (Kemp, Donita) (Entered: 11/29/2007)

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35 NOTICE of Appearance by attorney PHILLIP JOHN STRACH on behalf of Defendant HENREDON FURNITURE INDUSTRIES, INC. (STRACH, PHILLIP) (Entered: 12/07/2007)
36 Witness List by HENREDON FURNITURE INDUSTRIES, INC. (MCGUIRE, GREGORY) (Entered: 12/07/2007)
37 FINAL PRETRIAL DISCLOSURES. (MAHOOD, ZOE) (Entered: 12/10/2007)
Minute Entry for proceedings held before CHIEF JUDGE JAMES A. BEATY, JR: Settlement Conference held on 12/11/2007. (Zoe Mahood & Tina Burnside for PLAINTIFF; Gregory McGuire, Phil Strach, & James Cornelison for DEFENDANT; Case Reported Settled; Proposed Consent Decree to be submitted during the week of 12/17/2007 for the Court's consideration.) (Court Reporter Lori Russell.) (Kemp, Donita) (Entered: 12/11/2007)
Proposed Consent Decree REFERRED to Judge Beaty. (Kemp, Donita) (Entered: 01/09/2008)
Case no longer referred to Judge Beaty (Wilson, JoAnne) (Entered: 01/24/2008)
38 CONSENT DECREE signed by CHIEF JUDGE JAMES A. BEATY, JR on 1/22/08. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Wilson, JoAnne) (Entered: 01/24/2008)

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