F I LED
CHARLOTTE, N.C.

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

/.I~ 3 1 19991

CHARLOTTE DIVISION

U.S. DISTRICT COURT

EQUAL EMPLOYMENT OPPORTUNITY

)

W. DIST. OF N.C.

COMMISSION,

)
) CIVIL ACTION NO . ..3: 9Q(}..),)).-ff

Plaintiff,

)

)

v.

) COMPLAINT

)

CAROLINA FLOOR SYSTEMS, INC. ,

) JURY TRIAL DEMANDED

)

Defendant.

)

)

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 Kyp Gore, an African-American. Plaintiff,

the Equal Employment Opportunity Commission, alleges that Carolina

Floor Systems, Inc., subjected Mr. Gore to harassment based on his

race.

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.
2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Western District of North Carolina, Charlotte,

\

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 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, Carolina Floor Systems, Inc. ("Defendant"), has continuously been a North Carolina corporation doing business in the State of North Carolina and the city of Charlotte, and has continuously had at least fifteen (15) employees.
5. At all relevant times, Defendant 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, Kyp Gore filed a charge with the Commission alleging violations of Title VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Beginning around November 1997 and continuing until around January 1998, Defendant engaged in unlawful employment practices at its Charlotte, North Carolina facility, in violation of Section 703 (a) (1) of Title VII, 42 U.S.C. § 2000e-2 (a) (1).
2

Specifically, Defendant sUbjected Kyp Gore to harassment based on his race by maintaining a racially hostile work environment. The racial harassment included racially derogatory comments, namecalling and jokes. Although Mr. Gore complained about the racial harassment, and Defendant otherwise knew or reasonably should have known about the racial harassment, Defendant failed to take appropriate action to stop it.
8. The effect of the practices complained of in paragraph 7 above has been to deprive Kyp Gore of equal employment opportunities and otherwise adversely affect his status as an employee because of his race, African-American.
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 Kyp Gore.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Carolina Floor Systems, Inc., its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in racial harassment of African-American employees, and any employment practice which discriminates on the basis of race. B. Order Defendant Carolina Floor Systems, Inc., to institute and carry out policies, practices, and programs which
3

provide equal employment opportunities for African-American employees, and which eradicate the effects of its past and present unlawful employment practices.
C. Order Defendant Carolina Floor Systems, Inc., to make whole Kyp Gore, 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.
D. Order Defendant Carolina Floor Systems, Inc., to make whole Kyp Gore, by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including emotional pain, suffering, inconvenience, loss of enjoyment of life, humiliation, and loss of self-esteem, in amounts to be determined at trial.
E. Order Defendant Carolina Floor Systems, Inc., to pay Kyp Gore, punitive damages for its malicious and reckless conduct described in paragraph 7 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.
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C. GREGORY STEWART General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION 1801 "L" Street, N.W. Washington, D.C. 20507
~ttorney
LYNETTE A. BARNES Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION 129 West Trade Street Suite 400 Charlotte, NC 28202 (704) 344-6887
5

 
 !.:.- , L r~ ':;

IN THE UNITED STATES DISTRICT COURT

CH;\.RLOrri:, ,\i.e.

2 FOR THE WESTERN DISTRICT OF NORTH CAROLINA · '\

CHARLOTTE DIVISION

!~O\J 0 2000

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

CAROLINA FLOOR SYSTEMS, INC.,

)

)

Defendant.

)

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

u.s. DISr)I·~T COUin W. DIST. OF N.C.
CIVIL ACTION NO. 3:99-CV-122-H

JOINT STIPULATION OF DISMISSAL OF ACTION Pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure, the parties stipulate that this action, and all claims in this action, shall be, and the same are hereby, dismissed with prejudice. Each party shall bear its own costs.
This the ;20 ~ day of ~ ,2000

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
C. GREGORY STEWART General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
BY:~~.~ M E. EINSTEIN Regional Attorney 129 West Trade Street, Suite 400 Charlotte, NC 28202

I II
(k\

~ BY:~-- di/1</ J~ RITHCOHEN Trial Attorney 1309 Annapolis Drive Raleigh, NC 27510 (919) 856-4148
CAROLINA FLOOR SYSTEMS, INC.
AN HOY, Esq. STE HEN J. DUNN, Esq. Van Hoy, Reutlinger & Taylor 737 East Boulevard Charlotte, NC 28203 (704) 375-6022

 
 CM/ECF - LIVE DATABASE - NCWD - Docket Report

https://ecf.ncwd.uscourts.gov/cgi-bin/DktRpt.pl?105380994523276-L_...

U.S. District Court Western District of North Carolina (Charlotte) CIVIL DOCKET FOR CASE #: 3:99-cv-00122

CLOSED

EEOC v. Carolina Floor Sys Assigned to: Carl Horn, III Demand: $0 Cause: 42:2000ra Job Discrimination (Race)
Plaintiff Equal Employment Opportunity Commission

Date Filed: 03/31/1999 Date Terminated: 11/20/2000 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: Federal Question
represented by Kerith Cohen Equal Employment Opportunity Commission 1309 Annapolis Drive Raleigh, NC 27608 919/856-4148 Fax: 919/856-4156 Email: kerith.cohen@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Lynette A. Barnes Equal Employment Opportunity Commission Charlotte District Office 129 W. Trade Street, Suite 400 Charlotte, NC 28202 704.344.6878 Fax: 704.344.6780 Email: lynette.barnes@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mindy E. Weinstein Equal Employment Opportunity Commission Charlotte District Office 129 West Trade Street Suite 400 Charlotte, NC 28202 704-334-6885 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Rosemary J. Fox Equal Employment Opportunity

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CM/ECF - LIVE DATABASE - NCWD - Docket Report

https://ecf.ncwd.uscourts.gov/cgi-bin/DktRpt.pl?105380994523276-L_...

V. Defendant Carolina Floor Systems, Inc.

Commission Charlotte District Office 129 West Trade Street Suite 400 Charlotte, NC 28202 704-334-6885 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Philip M. VanHoy Van Hoy, Reutlinger, Adams & Dunn 737 East Boulevard Charlotte, NC 28203 704/375-6022 Fax: 704/375-6024 Email: pvanhoy-vrad@carolina.rr.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen J. Dunn Van Hoy, Reutlinger, Adams & Dunn 737 East Blvd. Charlotte, NC 28203 704-375-6022 Fax: 704-375-6024 Email: steve.dunn@vradlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 03/31/1999 03/31/1999 04/01/1999 04/22/1999 05/10/1999 05/13/1999

#

Docket Text

1 COMPLAINT Filing Fee $ 150.00 Receipt # 93178 (chh) (Entered: 04/14/1999)
NOTICE of filinf and requeset for waiver of service of summons by EEOC (clc) (Entered: 04/26/1999)
2 CONSENT/REFUSAL to Magistrate Jurisdiction by EEOC - consent (chh) (Entered: 04/14/1999)
3 ANSWER to Complaint by Carolina Floor Sys (Attorney Philip M. Van Hoy, Stephen J. Dunn), (clc) (Entered: 04/26/1999)
4 Certificate of I.A.C. by plaintiff EEOC, defendant Carolina Floor Sys (clc) (Entered: 05/11/1999)
6 CONSENT/REFUSAL to Magistrate Jurisdiction by Carolina Floor Sys Consent (clc) (Entered: 05/17/1999)

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CM/ECF - LIVE DATABASE - NCWD - Docket Report

https://ecf.ncwd.uscourts.gov/cgi-bin/DktRpt.pl?105380994523276-L_...

05/17/1999 07/07/1999 07/29/1999 08/02/1999 12/10/1999 12/14/1999 05/04/2000 08/03/2000 08/18/2000 08/22/2000
11/20/2000 11/20/2000

5 ORDER, set for IPC at 9:30 7/7/99 before Magistrate Judge Carl Horn III ( signed by Magistrate Judge Carl Horn III ) (clc) (Entered: 05/17/1999)
7 INITIAL PRETRIAL ORDER IPC held 9:30 7/7/99 Discovery deadline is 2/15/00 Motion filing deadline is 3/15/00 ETT: 3 days ( signed by Magistrate Judge Carl Horn III ) (clc) (Entered: 07/07/1999)
8 MOTION by Carolina Floor Sys to Extend Time up to and including 9/6/99 to resp to interrogatories and request for prod of docs (clc) (Entered: 08/03/1999)
9 ORDER granting [8-1] motion to Extend Time up to and including 9/6/99 to resp to interrogatories and request for prod of docs ( signed by Magistrate Judge Carl Horn III ) [EOD DATE: 8/3/99] (clc) (Entered: 08/03/1999)
10 JOINT MOTION by EEOC, Carolina Floor Sys to Stay proceedings (clc) (Entered: 12/14/1999)
11 ORDER granting [10-1] joint motion to Stay proceedings ( signed by Magistrate Judge Carl Horn III ) [EOD DATE: 12/15/99] (clc) (Entered: 12/15/1999)
12 ORDER referring case to mediated stlmt conf to be held by 9/5/00. Jonathan R. Harkavy appointed. ( signed by Magistrate Judge Carl Horn III ) (sdc) (Entered: 05/09/2000)
13 NOTICE of Attorney Appearance for EEOC by Kerith Cohen (former emp) (Entered: 08/04/2000)
14 MOTION by Carolina Floor Sys to Extend Time to 12/6/00 to complete disc and 1/3/01 to file disp motions (former emp) (Entered: 08/22/2000)
15 ORDER granting [14-1] motion to Extend Time to 12/6/00 to complete disc and 1/3/01 to file disp motions, reset Discovery deadline to 12/6/00 , reset Motion Filing deadline to 1/5/01 ( signed by Magistrate Judge Carl Horn III ) [EOD DATE: 8/22/00] (former emp) (Entered: 08/22/2000)
16 STIPULATION of dismissal ( Judgment Vol.: 46C Page: 118) (former emp) (Entered: 11/29/2000)
Case closed (former emp) (Entered: 11/29/2000)

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