IN THE UNITED STATES DISTRICT COURT

FllEDdf

FOR THE DISTRICT OF SOUTH CAROLINA

lIt I:~ /O~ 'I:::

ANDERSON DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

)

lARRYw. PHOPE.S, CLERK
CIVIL ACTIO~ N8I.STRICT COURT

COMMISSION,

)

Plaintiff,

)

8 0 51 B3 0 2 06J

)

)

v.

)

COMPLAINT

)

(JURY TRIAL DEMAND)

HOMES AMERICA, INC.,

)

ACCENT MOBILE HOMES, INC.,AND

)

SOUTHERN SHOWCASE HOUSING, INC., )

)

Defendants.

)

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 sex, and to provide appropriate relief to Peggy Cox and Diane Ballew who were adversely affected by such practices. As alleged in more particularity below, the Equal Employment Opportunity Commission ("EEOC") alleges that Defendants subjected Ms. Cox and Ms. Ballew to a sexually hostile working environment, which was created by their Sales Center Manager, and Defendants retaliated against Ms. Cox because she opposed practices made illegal by Title VII.
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)(l) 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 District of South Carolina, Anderson Division.
PARTIES
3. Plaintiff, the Equal Employment Opportunity Commission (the "EEOC"), 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)(1) and (3) of Title VII, 42 U.S.C. § 2000e-S(f)(1) and (3).
4. At all relevant times, Defendant Homes America, Inc. ("Homes America"), a Michigan corporation, continuously did business in the State of South Carolina and the City of Anderson and continuously had at least 15 employees.
5. At all relevant times, Defendant Accent Mobile Homes, Inc. ("Accent"), a North Carolina corporation, continuously did business in the State of South Carolina and the City of Anderson and continuously had at least 15 employees.
6. At all relevant times, Defendant Southern Showcase Housing, Inc. (,'SSH"), a North Carolina corporation, has continuously been doing business in the State of South Carolina and the City of Anderson and has continuously had at least 15 employees.
7. At all relevant times, Defendants have continuously been employers 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). Defendants were an integrated enterprise and were joint employers of Ms. Cox and Ms. Ballew.
8. In addition to employing Ms. Cox and Ms. Ballew as part of an integrated enterprise or as a joint employer, SSH is jointly and severally liable as a successor entity to
2

Accent and Homes America. On December 13, 2001, Accent and Homes America merged into SSH.
STATEMENT OF CLAIMS 9. More than thirty days prior to the institution of this lawsuit, Peggy Cox and Diane Ballew filed charges with the EEOC alleging violations of Title VII by Defendants, Employers. All conditions precedent to the institution of this lawsuit have been fulfilled. 10. From approximately April 30, 2001 through July 20,2001, Defendant Homes America has engaged in unlawful employment practices at its Anderson, South Carolina, facility, in violation of Sections 703(a)(1) and Section 704(a) of Title VII, 42 U.S.C. §§ 2000e-2(a)(1) and 2000e-3(a) as follows: (a) By subjecting Ms. Ballew to a sexually hostile working environment, including sexual comments, sexual advances and physical touching, culminating in her constructive discharge, because of her gender (female) in violation of Section 703(a)(l); (b) By sUbjecting Ms. Cox to a sexually hostile working environment, including sexual comments, sexual advances and physical touching, culminating in her actual and/or constructive discharge, because of her gender (female) in violation of Section 703(a)(1); and (c) By subjecting Ms. Cox to discrimination in the terms and conditions of her employment and discharging her and/or constructively discharging her in retaliation for her opposition to practices made unlawful by Title VII in violation of Section 704(a). 11. From approximately April 30, 2001 through July 20,2001, Defendant Accent has
3

engaged in unlawful employment practices at its Anderson, South Carolina, facility, in violation of Sections 703(a)(1) and Section 704(a) of Title VII, 42 U.S.C. §§ 2000e-2(a)(1) and 2000e-3(a)
as follows:
(a) By subjecting Ms. Ballew to a sexually hostile working environment, including sexual comments, sexual advances and physical touching, culminating in her constructive discharge, because of her gender (female) in violation of Section 703(a)(1); (b) By subjecting Ms. Cox to a sexually hostile working environment, including sexual comments, sexual advances and physical touching, culminating in her actual and/or constructive discharge, because of her gender (female) in violation of Section 703(a)(l); and (c) By subjecting Ms. Cox to discrimination in the terms and conditions of her employment and discharging her and/or constructively discharging her in retaliation for her opposition to practices made unlawful by Title VII in violation of Section 704(a). 12. From approximately April 30, 2001 through July 20,2001, Defendant SSH has engaged in unlawful employment practices at its Anderson, South Carolina, facility, in violation of Sections 703(a)(1) and Section 704(a) of Title VII, 42 U.S.c. §§ 2000e-2(a)(l) and 2000e-3(a) as follows: (a) By subjecting Ms. Ballew to a sexually hostile working environment, including sexual comments, sexual advances and physical touching, culminating in her constructive discharge, because of her gender (female) in violation of Section 703(a)(1); (b) By subjecting Ms. Cox to a sexually hostile working environment, including
4

sexual comments, sexual advances and physical touching, culminating in her actual andlor constructive discharge, because of her gender (female) in violation of Section 703(a)(l); and (c) By sUbjecting Ms. Cox to discrimination in the terms and conditions of her employment and discharging her and/or constructively discharging her in retaliation for her opposition to practices made unlawful by Title VII in violation of Section 704(a). 13. The effect of the practices complained of in paragraphs 10, 11, and 12 above has been to deprive Ms. Cox and Ms. Ballew of equal employment opportunities and otherwise adversely affect their status as employees, because of their sex or their opposition to practices made illegal by Title VII. 14. The unlawful employment practices complained of in paragraphs 10, 11 and 12 above were intentional. 15. The unlawful employment practices complained of in paragraphs 10, 11 and 12 above were taken against Ms. Cox and Ms. Ballew with malice or with reckless indifference to the federally protected rights of Ms. Cox and Ms. Ballew.
PRAYER FOR RELIEF Wherefore, the EEOC respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendants, their officers, successors, assigns, and all persons in active concert or participation with them, from engaging in sex discrimination, including sexual harassment, and from engaging in retaliation against employees because they have opposed employment practices made unlawful under Title VII or otherwise
5

engaged in protected activity under Title VII. B. Order Defendants to institute and carry out policies, practices, and programs
which provide equal employment opportunities for women and for persons who oppose employment practices made unlawful under Title VII or otherwise engage in protected activity under Title VII, and which eradicate the effects of their past and present unlawful employment practices.
C. Order Defendants to make whole Peggy Cox and Diane Ballew by providing appropriate backpay, with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of their unlawful employment practices, including but not limited to reinstatement of Ms. Cox and Ms. Ballew.
D. Order Defendants to make whole Peggy Cox and Diane Ballew, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraphs 10, 11 and 12 above, including expenses for medical treatment and medication, in amounts to be determined at trial.
E. Order Defendants to make whole Peggy Cox and Diane Ballew by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraphs 10, 11 and 12 above, including, but not limited to, fear, anxiety, loss of earning capacity, loss of enjoyment oflife, suffering, humiliation, emotional pain, loss of dignity, loss of civil rights, anger, and inconvenience, in amounts to determined at trial.
F. Order Defendants to pay Peggy Cox and Diane Ballew punitive damages for Defendants' malicious and reckless conduct described in paragraphs 10, 11 and 12 above, in amounts to be determined at trial.
6

G. Grant such further relief as the Court deems necessary and proper in the public interest.
H. Award the EEOC its costs of this action. JURy TRIAL DEMAND
The EEOC requests a jury trial on all questions of fact raised by the pleadings and papers filed with the Court.
Dated this ~ Ot~ day of May, 2003. GWENDOLYN YOUNG REAMS Associate General Counsel MINDY E. WEINSTEIN Regional Attorney
Trial Attorney Federal ID# 5189 EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION 301 N. Main Street Landmark Building, Suite 1402 Greenville, SC 29601 (864) 241-4406
7

 
 -

-

FILEo::::t

IN THE UNITED STATES DISTRlCT COURT FOR THE DISTRICT OF SOUTH CAROLlNA
ANDERSON DIVISION

JUL 2 3 2003
LARRY W. PROPES, CLERK U. S. DISTRICT COURT

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

CIVIL ;\CTION NO.

Plainti !f

\.

PROTECTIVE ORDER

HOMES AMERICA, INC.,

)

ACCENT MOBILE HOMES, INC.,AND

)

SOlJTHERN SHOWCASE HOUSING, INC..

)

Ik!Cndants.

Pursuant to Rule 2(l(C) o!'thc h:Lier,\I Rules ulll\li Pruccliurc, and lor gaud cause shown, with the consent of Plaintiff and Defendants. the Court enkrs this Protective Order to prevent disclosure of certain medical and/or psychological records and/or testimony regarding Peggy Cox to protect her privacy and confidentiality. PlaimifT seeks compensatory damages on behal!'oCMs. Cnx. Pursu,1l1t 10 the FL'deral Ruks u!'( '1\ i: iJ](l(l'liliil'. till' it ()(' \\ ili prOliLicc records 10 De!"endan1s regarding Ms. CU.\·s health care Ir'c':!lnll'l1l. [hl' L[(K' (lsserls lh,\t the health care records and information about Ms. Cox should be declared confidential and be made subject to this protective order pursuant to Rule 26(c). Defendants consent to this Consent Protective Order.
IT IS TIIEREFORF ORDERFD Ih,\t ,1I1\ ,1Ile! ,\II lill'dll',!i ur pSH"holllC',ic\l records o!'Ms. Cox shall be designated as l'onliliemial ami sltall ill lr~d~c'd ~!s l'Lll1lidellllal. :--;uch recLlrds shall he maintained in eonfidcnce by thc parties and their attorneys. These highly personal recurds shall not be disseminated nor any portion or part thereof divulged or revealed except to the attorneys. consulting or testifying experts, or appropriate officials orthe parties who ha\c a nced to k11ow.

\~
I

-

-

Prior to the disclosure oCthe conlidential information to ~ll: l..'\jll..Tl or a~enL the party shall provide to such person a copy o!'this Protective Order, Iii :ldditiol1. the party shall notify the expert or agent that they, as agents employed by the party, arc hound by the terms and conditions
or th is Protect ive Order.
lfany orthe conlidential records are used in a deposition during this case. counsel for Plaintirr. at his or her discretion. sh~ll1 noti/v the Cumt Rl..'j1ortl..T. :11 the time tile conlidential material is introduced. that the II1f0rl11dlion is CllllliLiellll,ti, ~lIld sh:III, il'llecessary. desiglldlL: testimony about the records as conridential. The Court Reporter will note the confidential section of the transcript and shall mark the exhibit or record,
In the event Defendants intend to file with the Clerk orCourl any ponion or part orthe confidential records or writings. DelCndants mllst nOlIl~' ,\pposing cllullsel in writing with sufficient notice lor Plailllillto comply with Local Civill<.ule 'i,(),l, PI:llntil'(. in Its discretion. in accordance with Local Civil Rulc S,O."). may then move ["or an Order scaling that portion ufthe public record, Any confidential records Illcd with the Clerk 0 l'Court aftcr Plainti fT has moved to seal that portion oCtile public record shall be scaled by the Clerk of Court durillg the pendency of Plaintiffs motion to seal.
Upon completion of this case. De/Cndallts sldl d.:',lrO\ ,dl dllCUll1elllS :lI1d'or IllCormatiol1 subject to this Protective Order.

)

-

-

Nothing in this Order shall be construed as an abdIcation. \\<liver or limitation of any kind

on the right of any party to assert any discovery or trial privilege. Further. the parties agree that

the disclosure prohibition set forth herein shall continue LIm! be III I'ull iiJITC ~\I1d eriCel e\en ~dtcr

the conclusion of this action.

IT IS SO ORDERED.

b")

(oJ

~ ....

. .
(din

,0\

{1..-1C. --;z

The Honorable flc11I5 M. 118rlGI~g lr. ~'--'-LL. ~,~~

United States~ Judge

~5~'<-

-

-

'vVE CONSEI\T
Dated this ~_.. _' day ol".Iuly. 20m
GWENDOL YN YOUNG REAMS Associate Ceneral Counsel
MIND'\" E. WEINSTEIN Regional /\tlurIle\

LD'v\ I!\ L.l l R>-<I\(j E
Federal 10# 51St) EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION 301 N. Main Street Landmark Building. Suite 1402 (Jrccnvi lie. SC2%() I
(l\o)! (l-t ,i,'["-7i, 11--+-+11 ) ( )
/)1:tA- . ' -
s~~1-vi~;:\--11koop. [S~
Fed. ID t'i - - _ . NELSON MULLINS RILEY & SCARBOROUGH Post Office' Box IOOi-\4 Greenville. South Carolina 2<)()() I
A tlOrIln ii H- Dc ICnlial11 S

 
 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF SOUTH CAROLINA

EllED
\\.../
SEP 0 9 Z003

ANDERSON DIVISION

lARRY W. PROPES, CLERK U. S. DISTRICT COURT

Equal Employment Opportunity Commission,
Plaintiff,
vs.

Civil Action No. 8:03-1830-2081 ORDER

Homes America, Inc., Accent Mobile Homes, Inc., and Southern Showcase Housing, Inc.,

Defendants.

This matter is before the court on the plaintiff's motion to compel the defendants to make the disclosures required under the conference and scheduling order, which directed the parties to make disclosures pursuantto Federal Rule of Civil Procedure 26(a)(1) and Local Civil Rule 26.03 on or before July 28,2003.
Pursuant to the provisions otTitle 28, United States Code, Section 636(b)( 1)(A), and Local Rule 73.02(8)(2)(g), D.S.C., all pretrial matters in employment discrimination cases are referred to a United States Magistrate Judge for consideration.
The defendants did not respond to the plaintiff's motion to compel. On September 2, 2003, the defendants filed their Local Civil Rule 26.03 disclosures. In a letter dated September 3, 2003, the plaintiff's counsel notified the Clerk of Court that the defendants served their Rule 26(a)(1) disclosures on the plaintiff on September 2, 2003.
Wherefore, based upon the foregoing, the plaintiff's motion to compel is moot. IT IS SO ORDERED.

<. . .l.__, September __

2003

Greenville, South Carolina

 
 IN THE DISTRICT COURT OF THE UNITED STATES

fl LE

FOR THE DISTRICT OF SOUTH CAROLINA

NOV 2 1 2003

ANDERSON DIVISION

LARRY W. PROPES, CLER
U. S. DISTRICT COURT

Equal Employment Opportunity

)

Commission,

)

)

Plaintiff,

)

)

vs.

)

)

Homes America Inc., Accent Mobile

)

Homes, Inc., and Southern Showcase )

Housing, Inc.,

)

)

Defendants. )

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

Civil Action No. 8:03-1830-26BI ORDER

This matter is before the court on the plaintiff's motion to compel responses to its Requests to Produce Nos. 14 and 15. Plaintiff Equal Employment Opportunity Commission ("EEOC") alleges causes of action for hostile work environment and retaliation pursuant to Title VII of the Civil Rights Act of 1964, as amended. Specifically, the EEOC alleges that the defendants subjected former employees Diana Ballew and Peggy Cox to a sexually hostile work environment created by their Sales Center Manager, Chip Chavis. The EEOC further alleges that the defendants retaliated against Cox when she complained about sexual harassment by Chavis.
Pursuantto the provisions of Title 28, United States Code, Section 636(b)(1 )(A), and Local Rule 73.02(B)(2)(g), D.S.C., all pretrial matters in employment discrimination cases are referred to a United States Magistrate Judge for consideration.
The defendants sell manufactured homes. Cox and Ballew were sales representatives and were paid commissions on the homes they sold. Cox was employed from March 1,2001, to April 21 ,2001, and from June 15,2001, to July 20,2001. Ballew was employed from April 30, 2001, until May 30,2001. The EEOC contends that the defendants

were an integrated enterprise and were joint employers of Cox and Ballew (comp. ~ 7). The

EEOC further contends that defendant Southern Showcase Housing, Inc. is jointly and

severally liable as a successor entity to defendants Homes America, Inc., and Accent Mobile Homes, Inc. (comp. ~ 8). The EEOC seeks backpay, compensatory damages, and punitive

damages on behalf of Ballew and Cox. On August 6,2003, the EEOC served the defendants with its First Document

Requests to Defendants, and on September 22, 2003, the defendants served their

responses. The requests and responses for Request Nos. 14 and 15 are set forth below:
14. For each Defendant, all of the following financial documents created since January 1, 2000:

a. Federal and State Corporation Income Tax Returns;

b. Balance Sheets;

c. Statements of Income (reflecting gross and net income);

d. Profit and Loss statements;

e. Statements of Retained Earnings;

f.

Statements of Cash Flow;

g. Schedule of General and Administrative Expenses; and

h. Annual reports filed with the Secretary of State for the

state of incorporation.

RESPONSE: Objection. This request is overly broad, unduly burdensome, and not likely to lead to the discovery of admissible evidence.

15. For each Defendant, all corporate records, including the articles of incorporation, articles of organization, notices, reports, minutes that relate to annual or special shareholder and director meetings, stock ledgers, and any other document or writing that relates to the corporate formalities.

RESPONSE: Objection. This request is overly broad, unduly burdensome, and not likely to lead to the discovery of admissible evidence.

(PI. motion, ex. B.)

On October 10, 2003, the defendants served Supplemental Responses to the EEOC's First Document Requests to Defendants. The defendants made no additional

response to Request No. 15, and made the following response to Request No. 14:

2

RESPONSE: Objection. This request is overly broad, unduly burdensome, and not likely to lead to the discovery of admissible evidence. Notwithstanding this objection, Defendants will provide financial documents for the nine months ending September 27, 2003 subject to a protective order mutually agreed upon by both parties.
(PI. motion, ex. G.) The EEOC argues that the "financial and corporate records sought could
themselves constitute admissible evidence, or they might lead to admissible evidence on the following issues: Defendants' status as an integrated enterprise; successor liability; back pay; and Defendants' ability to pay punitive damages" (pI. motion 5) (footnote omitted). The EEOC further contends that the documents sought are routine corporate or financial documents and thus the production of such documents would not be unduly burdensome. Id. The EEOC argues that the scope of the request is reasonable as Ballew and Cox were employed by the defendants during the spring and summer of 2001 and "the period of time for which financial records are sought brackets the time around the employment period of Ms. Ballew and Ms. Cox." Id.
The defendants contend that "[a]t this stage, only the back pay to which Cox and Ballew may be entitled relate to the discovery propounded by [the] [p]laintiff' (def. resp. 2). The defendants further argue that they have "produced information which would allow [the] [p]laintiffto calculate alleged back pay which may be owed to Cox and Ballew," including "information regarding all the manufactured homes sold by the Anderson lot during the time in which Cox and Ballew were employed until the date the lot closed." Id. With regard to Request No. 14, as set forth above, the defendants have agreed to provide the plaintiff with their financial statements for the nine month period ending September 27, 2003, once a protective order is entered. According to the defendants, "[t]his financial statement will provide [the] [p]laintiff with the information it seeks regarding [the] [d]efendants' financial status and ability to pay any possible judgment. Any other financial information is simply not relevant" (def. resp. 5).
3

With regard to Request No. 15, the defendants contend that they already have answered interrogatories that provide the plaintiff with necessary information to determine whether the defendants are joint employers (def. resp. 6). The defendants argue that U[v]ery few, if any[,] of the documents responsive to Request No. 15 would contain information relating to the issue of whether [the] [d]efendants are joint employers. The documents would, however, provide sensitive information regarding corporate governance, and similar information not at all related to any issue even remotely related to this case" (def. resp. 6).
Wherefore, based upon the foregoing, this EEOC's motion to compel should be granted in part and denied in part. With regard to Request No. 14, this court finds that the request is overly broad and unduly burdensome. The defendants are directed to provide the financial documents for the nine months ending September 27, 2003, subject to a confidentiality order1 mutually agreed upon by both parties, as the defendants have previously agreed to do. With regard to Request No. 15, the EEOC's motion to compel is granted, again subject to a mutually agreed upon confidentiality order. The defendants are directed to produce the aforementioned documents to the EEOC within twenty (20) days ofthe filing date of this order. The EEOC's request for sanctions is denied.
IT IS SO ORDERED.

~, November

2003

Greenville, South Carolina

t=sf'v -.z :~, +t~:'\J'-/\ L (~
B~UCE H. HENDRICKS UNITED STATES MAGISTRATE JUDGE

1The court has adopted a form confidentiality order for use in this district The form may be found on the district court's website (www,scd,uscourts,gov) under "Forms:'
4

 
 FILEq
IN THE DISTRICT COURT OF THE UNITED STATESMAR 2 3 LUU4
FOR THE DISTRICT OF SOUTH CAROLINA LARRY W. PROPES. CLERK
U. S. DISTRICT COURT
ANDERSON DIVISION

EEOC,

)

)

Plaintiff,

)

)

vs.

)

)

Homes America, Inc.,

)

Accent Mobile Homes, Inc., and

)

Southern Showcase Housing, Inc.,

)

)

)

Defendant. )

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

Civil Action No. 8:03-CV-1830-26BI ORDER OF DISMISSAL

The Court having been advised by counsel for the parties that the above action has been settled,
IT IS ORDERED that this action is hereby dismissed without costs and without prejudice. If settlement is not consummated within sixty (60) days, either party may petition the Court to reopen this action and restore it to the calendar. Rule 60(b)(6), F.R.Civ.P. In the alternative, to the extent permitted by law, either party may within sixty (60) days petition the Court to enforce the settlement. Fairfax Countywide Citizens v. Fairfax County, 571 F.2d 1299 (4th Cir. 1978).
IT IS SO ORDERED.

March ;...22004 Greenville, South Carolina

DISTRICT JUDGE

 
 , i

""''''''# . . '\'}"Vo" f'"h'W

~t of tn""(t""',)-"" " . ) 't' h2eP;1i,"'O'J> 'r (tOt' CSt'

,,'t"

lo

tr X

. Wl' . a

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRlCTOF SOUTH CAROLINA ANDERSON DNISION

APR - 7 2004 URRY W. PROPES c
cU. S~ DISTRICT cOU~1{

EQUAL EMPLOYMENT OPPORTUNITY

)

CNIL ACTION NO.

COMMISSION,

)

8:03-1830-26BI

)

Plaintiff,

)

)

v.

)

CONSENT DECREE

)

HOMES AMERICA, INC.;

)

ACCENT MOBILE HOMES, INC.; AND

)

SOUTHERN SHOWCASE HOUSING, INC.

)

)

Defendants.

)

)

The Equal Employment Opportunity Commission ("EEOC") instituted this action
pursuant to Section 706(f)(1) and (3) of Title vn of the Civil Rights Act of 1964, as amended, 42

U.S.C. § 2000e-5(f)(I) and (3) ("Title VIT") and Section 102 of the Civil Rights Act of1991, 42

U.S.C. § 1981a. The EEOC and Defendants agree that the subject matter of this action is proper

and hereby stipulate to jurisdiction of the Court over the parties.

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.
.
It is therefore the finding of this Court, made on the pleadings and the record as a whole,

that: (1) the Court has jurisdiction over the parties and the subject matter of this action; (2) the
purpose and provisions of Title vn 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.

Defendants shall not discriminate against employees on the basis of sex by

,;pr

1

'I

1f'

.

t" .

,

'"

)' h)iW·)·>{),··Ht:·t .) '.a·K)(hiDeh2r?t·b?w>tMnhe~·Mt·'1MtWW)·tuntV¥)(>:')·)" );r')pbo/>X',

.'

denying equal employment opportunities to persons because of their sex and specifically shall

not subject employees to sexual harassment.

2.

Defendants shall not discriminate or retaliate against any person because of

opposition to any practice made unlawful under Title VII, or because of the filing of a charge,

the giving of testimony or assistance, or the participation in any investigation, proceeding or

hearing under Title VII.

3.

Defendants shall pay Peggy Cox the sum of Thirty-Eight Thousand and No/lOO

Dollars ($38,000.00) in settlement of the claims raised in this action. Defendants shall make

payment by issuing a check payable to Peggy Cox. Payment shall be made within ten days

after the Court approves this Consent Decree, and Defendants shall mail the check for Ms.

Cox to an address to be provided to Defendant by the EEOC. Defendants shall mail to Lynette

I

'I

A. Barnes, Acting Regional Attorney, Equal Employment Opportunity Commission, 129 West

Trade Street, Suite 400, Charlotte, NC 28202, a copy of the check and proof of its delivery.

4.

Defendants shall pay Diane Ballew the sum of Twelve Thousand and No/l00

Dollars ($12,000.00) in settlement of the claims raised in this action. Defendants shall make

payment by issuing a check payable to Ms. Ballew. Payment shall be made within ten days

after the Court approves this Consent Decree, and Defendants shall mail the check for-Ms.

Ballew to an address to be provided to Defendant by the EEOC. Defendants shall mail to

Lynette A. Barnes, Acting Regional Attorney, Equal Employment Opportunity Commission,

129 West Trade Street, Suite 400, Charlotte, NC 28202, a copy of the check and proof of its

delivery.

5.

During the term of this Consent Decree, Defendants shall provide an annual

2

training program to all of Defendants' management and supervisory employees. At least

fifteen (15) days prior to the program, Defendants shall provide the EEOC with an agenda for

the training program. The training program shall include an explanation of the requirements of

the federal equal employment opportunity laws, including Title VII of the Civil Rights Act of

1964, and its prohibition against sex discrimination in the workplace, and particularly sexual

harassment. The training shall also include an explanation of Title VII's prohibition against

retaliation in the workplace. The first training in accordance with this paragraph shall be

completed within ninety (90) days after the date this Consent Decree is filed. Within ten (10)

days after completion of the training, Defendants shall certify to the EEOC the specific training

which was undertaken and shall provide the EEOC with a roster of all employees in attendance.

6.

Defendant shall develop written procedures to be followed for reporting complaints,

investigating complaints, and redressing complaints of discrimination, particularly sexual

harassment complaints. The purpose of creating written procedures shall be to insure that each

investigation is consistent and thorough. These written procedures shall be implemented no

later than 90 days from entry of this Decree. At least fifteen (15) days prior to their

implementation, Defendants shall provide the EEOC with a final draft of its proposed written

procedures.

7.

Defendants shall conspicuously post the attached Employee Notice, marked

Appendix A, hereby made a part of this Decree, in a place where it is visible to employees, at

all of Defendants' facilities for ninety (90) days from the entry of this Consent Decree. If the

Notice becomes defaced or unreadable, Defendants shall replace it by posting another copy of the

Notice.

3

__ - - - .. ....•..__ ..__ _--------

8.

~ During the term of this Decree, Defendants shall conspicuously post" a copy _

of Defendants' sexual harassment policy, in a place where it is visible to employees, at all of

Defendants' facilities that are operated during the period of the Consent Decree. If the Notice

becomes defaced or unreadable, Defendants shall replace it by posting another copy oftp.e

Notice.

9.

Defendants agree to provide the EEOC with annual reports during the term of this

Decree. The first report is due no later than one-hundred and twenty (120) days after the date this

Consent Decree is filed. Defendants will provide reports annually thereafter during the term of

this Decree. The reports shall include the following information: (a) the identities ofall
1
individuals who have complained of or reported sex discrimination at any ofDefendants'

facilities, including by way of identification each person's name, home address, home telephone

number, social security number, and sex; (b) a brief statement regarding the nature ofthe

individual's complaint; (c) a description of what action Defendants took in response to the

individual's complaint; and (d) a list of all sales centers operated by Defendants during the

reporting period.

10.

Defendants will provide Ms. Ballew arid Ms. Cox neutral references related to

any third-party inquiries. In response to any inquiries about"their employment with ..

Defendants, Defendants' agent(s) will only provide information about dates of employment

and positions held with the company. Moreover, in response to any inquiries about Ms.

Ballew and Ms. Cox, Defendants will make no comment or reference in anyway whatsoever to

their Charges or this lawsuit or their participation in the EEOC investigation or lawsuit.

11.

Defendants agree that the EEOC may review compliance with this Consent

Decree. If the EEOC has reason to believe a violation of the Consent Decree has occurred, the

4

EEOC will provide Defendants five (5) days notice prior to any such review. As part of such

review, the EEOC may inspect the premises at reasonable times, interview employees and

examine and copy documents. Such investigation shall be limited to the Defendants' alleged

failure to follow the terms of this Consent Decree.

12.

If anytime during the term of this Consent Decree the EEOC believes

Defendants are in violation of this Decree, the EEOC shall give notice of the alleged violation

to Defendants. Defendants shall have thirty (30) days in which to investigate and respond to

the allegations. Thereafter, the parties shall have a period of twenty (20) days, or such

additional period as may be agreed upon by them, in which to engage in negotiation and

conciliation regarding such allegations, before the EEOC pursues any remedy provided by law.

13.

The term of this Decree shall be for two (2) years after the date this Consent

Decree is filed.

14.

Entry into this Consent Decree shall not constitute an admission of any

wrongdoing by Defendants, which deny the allegations of this action.

15.

Each party shall bear their own attorneys' fees and costs.

16.

This Court shall retain jurisdiction of this case for purpose ofresolving

controversies arising under this Decree and for entry of any orders as may be necessary Or

appropriate.

I> q Dated: [0'1
Greenville, South Carolina [Signature pages follow]

5

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA
ANDERSON DIVISION

EQUALE~LOYMENTOPPOR~TY

)

CIVIL ACTION NO.

COMMISSION,

)

8:03-1830-26BI

)

Plaintiff,

)

)

v.

)

NOTICE TO EMPLOYEES

)

HOMES AMERICA, INC.,

)

ACCENT MOBILE HOMES, INC.,AND

)

SOUTHERN SHOWCASE HOUSING, INC., )

)

Defendants.

)

)

1. This Notice to Employees is posted pursuant to an agreement between the abovereferenced Defendants (collectively "Homes America''), and the United States Equal Employment Opportunity Commission (EEOC) arising from a case alleging sex discrimination and retaliation.

2. Pursuant to the agreement, Homes America agreed that it would not to discriminate or retaliate against employees. Finally, Homes America will continue to provide annual training to the employees of Homes America. Homes America will provide annual reports to the EEOC for two (2) years.

3. Federal law requires that there be no discrimination against or harassment of any

employee or applicant for employment because of the employee's race, color, religion,

sex, national origin, age (40 or older) or disability. Federal law also prohibits retaliation

against employees because they have opposed unlawful employment discrimination,

participated in employment discrimination proceedings, or otherwise asserted their rights

under the laws enforced by the EEOC.

-

4. Title VII of the Civil Rights Act of 1964 is a federal law which prohibits sex discrimination or retaliation against any employee in all aspects ofemployment including, but not limited to, hiring, promotion, discharge, pay, job training and fringe benefits. Title VII also prohibits sexual harassment. Sexual harassment is harassment B such as sexual advances, comments and physical touching B that is so severe or pervasive that it alters the conditions of the victim's employment and creates an abusive working environment, or results in a tangible job action (such as discipline or discharge).

Attachment A-Page 1

5. Homes America hereby reaffirms its commitment to compliance with such federal law in all respects. Homes America will not take any actions against employees because they have exercised their rights, reported an alleged violation under the law or have given testimony, assistance or participation in any investigation, proceeding or hearing conducted by the U.S. Equal Employment Opportunity Commission.
6. Homes America will take reasonable efforts to maintain a working environment free from sex discrimination and retaliation.
An employee has the right to report allegations ofemployment discrimination, harassment or retaliation in the workplace. An employee may contact the U. S. Equal Employment Opportunity Commission at the following address and telephone number for the purpose of filing a charge of employment discrimination.
Equal Employment Opportunity Commission Greenville Local Office
301 N. Main Street, Landmark Building, Suite 1402 Greenville, SC 29601 Tel: (864) 241-4400
Attachment A-Page 2

____ .•...•. ___ _ '"'--~ _._. .{.'.. . .;.G'r.c~.o ...,.________~,...'.O..*.'¥......,?ib.·.b'.·.·.b.W_.hrlh_~lb··_')~b"""'·}'..(...-"''''''''.'.......l.·..y..'..'....._ _ _ _ • _t _ _ '_ __

AGREED AND ENTRY REQUESTED

o.r::\ , For Plaintiff, Equal Employment Opportunity Commission;

Dated this 2J day of

2004.

ERIC S. DREIBAND General Counsel

JAMES L. LEE Deputy General Counsel

GWENDOLYN YOUNG REAMS Associate General Counsel

LYNETTE A. BARNES
Acting Regional Attorney
~~
~,(

~R

Acting Supervisory Trial Attorney
~~
EDWIN L. TURNA Trial Attorney Federal ID# 5189 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 301 N:-Main Street Landmark Building, Suite 1402 Greenville, SC 2960 I (864) 241-4406

I

AGREED AND ENTRY REQUESTED

1trJ. For Defendants:
This Z-- day of

M; ,20044.~PSo'sT-t+O-~f~f.ic.Jeo£B;oWM-x. 1 IYN~ K~~...

, ,

,
'

Greenville, South Carolina 29601

I

i

 
 CM/ECF - scd - Docket Report

https://ecf.scd.uscourts.gov/cgi-bin/DktRpt.pl?117591948897618-L_35...

U.S. District Court District of South Carolina (Anderson/Greenwood) CIVIL DOCKET FOR CASE #: 8:03-cv-01830-HFF

CLOSED

EEOC v. Homes America Inc, et al Assigned to: Honorable Henry F. Floyd Demand: $0 Cause: 42:2000 Job Discrimination (Sex) Plaintiff Equal Employment Opportunity Commission
V. Defendant Homes America Inc

Date Filed: 05/30/2003 Date Terminated: 04/07/2004 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Edwin Lake Turnage Harris and Graves PO Box 6263 Greenville, SC 29606 864-235-1331 Fax: 864-235-1741 Email: elt@harrisgraves.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Celia Liner US Equal Opportunity Commission 1407 Union Avenue Suite 621 Memphis, TN 38104 901-544-0075
Kerith Cohen US Equal Opportunity Commission 1309 Annapolis Drive Raleigh, NC 27608 919-856-4148
represented by Amy Keegan Nelson Mullins Riley and Scarborough GlenLake One 4140 Parklake Avenue Suite 200 Raleigh, NC 27612 919-877-3819 Fax: 919-877-3799 Email: amy.keegan@nelsonmullins.com

1 of 7

6/7/2007 2:56 PM

CM/ECF - scd - Docket Report

https://ecf.scd.uscourts.gov/cgi-bin/DktRpt.pl?117591948897618-L_35...

Defendant Accent Mobile Homes Inc
Defendant Southern Showcase Housing Inc

LEAD ATTORNEY ATTORNEY TO BE NOTICED
Steven Mark Wynkoop Nelson Mullins Riley and Scarborough PO Box 10084 Greenville, SC 29603-0084 864-250-2300 Fax: 864-232-2925 Email: steve.wynkoop@nelsonmullins.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Amy Keegan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Steven Mark Wynkoop (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Amy Keegan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Steven Mark Wynkoop (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 05/30/2003 05/30/2003 05/30/2003 05/30/2003

#

Docket Text

1 COMPLAINT; Service due by 9/29/03 for Southern Showcase, for Accent Mobile Homes, for Homes America Inc (jtho) (Entered: 05/30/2003)
2 SUMMONS issued for defendant Homes America Inc (jtho) (Entered: 05/30/2003)
3 SUMMONS issued for defendant Accent Mobile Homes (jtho) (Entered: 05/30/2003)
4 SUMMONS issued for defendant Southern Showcase (jtho) (Entered: 05/30/2003)

2 of 7

6/7/2007 2:56 PM

CM/ECF - scd - Docket Report

https://ecf.scd.uscourts.gov/cgi-bin/DktRpt.pl?117591948897618-L_35...

05/30/2003 06/11/2003
06/23/2003 06/24/2003
07/15/2003 07/22/2003 07/22/2003 07/23/2003 08/11/2003 09/02/2003 09/08/2003 09/08/2003

5 ANSWER to Local Rule 26 Interrogatories by plaintiff EEOC; jury demand (jtho) (Entered: 05/30/2003)
6 AFFIDAVIT OF SERVICE of summons and complaint executed as to defendant Homes America Inc, defendant Accent Mobile Homes, defendant Southern Showcase 6/3/03 Assignment Interrogatories due on 7/3/03 for Southern Showcase, for Accent Mobile Homes, for Homes America Inc ; Answer due on 6/23/03 for Southern Showcase, for Accent Mobile Homes, for Homes America Inc executed by certified mail (jtho) (Entered: 06/11/2003)
7 ANSWER to Complaint by defendant Homes America Inc, defendant Accent Mobile Homes, defendant Southern Showcase (Attorney Steven Mark Wynkoop, Amy Keegan), Assignment Interrogatories due on 7/3/03 for Southern Showcase, for Accent Mobile Homes, for Homes America Inc ; (jtho) (Entered: 06/24/2003)
8 CONFERENCE AND SCHEDULING ORDER setting 26(f) Conference no later than 7/14/03 ; 26(a) Initial Disclosures served by 7/28/03 ; 26(f) Report filed by 7/28/03 ; Joining of parties,amending of pleadings on 9/8/03 ; Plaintiff's ID of Experts set for 10/8/03 ; Defendant's ID of Experts set for 11/7/03 ; Records Custodian Affidavit filed by 11/7/03 ; Discovery cutoff 11/28/03 ; Deadline for filing of all motions 12/8/03 ; 26(a)3 Pretrial Disclosures filed by 1/30/04 ; Pretrial Brief filed by 2/24/04 ; Jury Selection deadline set for 3/2/04 ; ( signed by Magistrate Judge Bruce H. Hendricks ) eod 6/24/03, svd. (jtho) (Entered: 06/24/2003)
9 ANSWER to Local Rule 26 Interrogatories by defendant Homes America Inc, defendant Accent Mobile Homes, defendant Southern Showcase (jtho) (Entered: 07/16/2003)
10 26(f) Report by EEOC, Homes America Inc, Accent Mobile Homes, Southern Showcase . Parties agree to Conference and Scheduling Order. (jtho) (Entered: 07/22/2003)
11 26(f) Answers to Local Rule 26 Interrogatories by EEOC . (jtho) (Entered: 07/22/2003)
12 PROTECTIVE ORDER to prevent disclosure of certain medical and/or psychological records and/or testimony regarding Peggy Cox ( signed by Magistrate Judge Bruce H. Hendricks ) eod 7/23/03,svd. (jtho) (Entered: 07/23/2003)
13 MOTION by plaintiff EEOC to compel26(a)(1) disclosures and 26.03 responses (jtho) (Entered: 08/12/2003)
14 26(f) Report, discovery plan, and 26.03 responses by Homes America Inc, Accent Mobile Homes, Southern Showcase . Parties agree to Conference and Scheduling Order. (jtho) (Entered: 09/02/2003)
15 RESPONSE by defendant Homes America Inc, defendant Accent Mobile Homes, defendant Southern Showcase to [13-1] motion to compel26(a)(1) disclosures and 26.03 responses (jtho) (Entered: 09/08/2003)
17 MOTION by defendant Homes America Inc, defendant Accent Mobile Homes, defendant Southern Showcase to extend time to September 22, 2003 to respond to discovery (jtho) (Entered: 09/09/2003)

3 of 7

6/7/2007 2:56 PM

CM/ECF - scd - Docket Report

https://ecf.scd.uscourts.gov/cgi-bin/DktRpt.pl?117591948897618-L_35...

09/09/2003 09/11/2003 09/18/2003
10/08/2003 10/08/2003 10/14/2003 10/20/2003 10/29/2003 11/07/2003 11/21/2003
12/04/2003 12/08/2003

16 ORDER mooting [13-1] motion to compel26(a)(1) disclosures and 26.03 responses ( signed by Magistrate Judge Bruce H. Hendricks ) eod 9/9/03, svd. (jtho) (Entered: 09/09/2003)
18 ORDER granting [17-1] motion to extend time to September 22, 2003 to respond to discovery Specific Document Filing 9/22/03 for Southern Showcase, for Accent Mobile Homes, for Homes America Inc ( signed by Magistrate Judge Bruce H. Hendricks ) eod 9/11/03, svd. (jtho) (Entered: 09/11/2003)
19 AMENDED CONFERENCE AND SCHEDULING ORDER setting Joining of parties,amending of pleadings on 10/8/03 ; Plaintiff's ID of Experts set for 10/8/03 ; Defendant's ID of Experts set for 11/10/03 ; Records Custodian Affidavit filed by 12/8/03 ; Discovery cutoff 12/28/03 ; Deadline for filing of all motions 1/8/04 ; Mediation deadline for 4/3/04 Mediation Statement filed by 3/5/04 ; 26(a)3 Pretrial Disclosures filed by 3/1/04 ; Pretrial Brief filed by 3/29/04 ; Jury Selection deadline set for 4/5/04 ; ( signed by Magistrate Judge Bruce H. Hendricks ) eod 9/19/03, svd. (jtho) (Entered: 09/19/2003)
20 Plaintiff's ID of Experts by EEOC (jtho) (Entered: 10/08/2003)
CASE reassigned to Judge Henry F. Floyd (admin) (Entered: 10/08/2003)
21 LETTER of the Clerk's office Re: case reassigned (awil) (Entered: 10/14/2003)
22 MOTION with exhibits A-G by plaintiff EEOC to compel responses to document request 14 and 15 , for sanctions against defendants for expenses incurred to make motion to compel and for attorney's fees (jtho) (Entered: 10/21/2003)
23 LETTER of Judge Henry F. Floyd Re: term of court (alew) (Entered: 10/29/2003)
24 RESPONSE with exhibits A-G by defendant Homes America Inc, defendant Accent Mobile Homes, defendant Southern Showcase to [22-1] motion to compel responses to document request 14 and 15 (jtho) Modified on 11/10/2003 (Entered: 11/10/2003)
25 ORDER granting in part, denying in part [22-1] motion to compel responses to document request 14 and 15. With regards to request no. 14, this court finds that the request is overly broad and unduly burdensome. The defendants are directed to provide the financial documents for the nine months ending September 27, 2003, subject to a confidentiality order mutually agreed upon by both parites. With regard to request no. 15, the EEOC's motion to compel is granted, again subject a a mutually agreed upon confidentiality order. The defendants are directed to produce the aforementioned documents to the EEOC within 20 days of the fiing date of this order. Denying [22-2] motion for sanctions against defendants for expenses incurred to make motion to compel and for attorney's fees ( signed by Magistrate Judge Bruce H. Hendricks ) eod 11/21/03, svd. (jtho) (Entered: 11/21/2003)
26 PROTECTIVE ORDER regarding certain financial documents of defendants ( signed by Judge Henry F. Floyd ) eod 12/4/03, svd. (jtho) (Entered: 12/04/2003)
27 OBJECTION with attachments A-B by plaintiff EEOC to [25-1] order (jtho) (Entered: 12/08/2003)

4 of 7

6/7/2007 2:56 PM

CM/ECF - scd - Docket Report

https://ecf.scd.uscourts.gov/cgi-bin/DktRpt.pl?117591948897618-L_35...

12/08/2003 12/16/2003
12/23/2003 12/29/2003 01/05/2004 01/15/2004 02/09/2004 02/09/2004 02/10/2004 02/11/2004 02/11/2004 02/11/2004 02/12/2004 02/13/2004 02/17/2004

28 MOTION with memorandum, with attachment A, in support by defendant Homes America Inc, defendant Accent Mobile Homes, defendant Southern Showcase for reconsideration of [25-1] order (jtho) (Entered: 12/09/2003)
29 AMENDED CONFERENCE AND SCHEDULING ORDER setting Records Custodian Affidavit filed by 1/8/04 ; Discovery cutoff 1/26/04 ; Deadline for filing of all motions 2/9/04 ; Mediation deadline for 4/3/04 26(a)3 Pretrial Disclosures filed by 3/1/04 ; Pretrial Brief filed by 3/29/04 ; Jury Selection deadline set for 4/5/04 ; ( signed by Magistrate Judge Bruce H. Hendricks ) eod 12/16/03, svd. (jtho) (Entered: 12/16/2003)
30 MEMORANDUM by defendant Homes America Inc, defendant Accent Mobile Homes, defendant Southern Showcase in opposition to the Commission's [27-1] objection to the November 21, 2003 [25-1] Order (kmca) (Entered: 12/24/2003)
31 ORDER Response to motion reset to 1/5/04 for [28-1] motion for reconsideration of [25-1] order ( signed by Magistrate Judge Bruce H. Hendricks ) eod 12/29/03, svd. (jtho) (Entered: 12/29/2003)
32 RESPONSE with exhibits A-C by plaintiff EEOC to [28-1] motion for reconsideration of [25-1] order (jtho) (Entered: 01/06/2004)
33 REPLY by defendant Homes America Inc, defendant Accent Mobile Homes to [32-1] motion response with Exhibits A and B attached. (gant) Modified on 01/16/2004 (Entered: 01/16/2004)
34 MOTION by plaintiff EEOC for partial summary judgment (jtho) (Entered: 02/09/2004)
35 MEMORANDUM with exhibits A-I by plaintiff EEOC in support of [34-1] motion for partial summary judgment (jtho) (Entered: 02/09/2004)
36 ORDER reset motion filing deadline for 2/13/04 ( signed by Magistrate Judge Bruce H. Hendricks ) eod 2/10/04, svd. (jtho) (Entered: 02/10/2004)
37 MOTION by plaintiff EEOC for Celia Liner and Kerith Cohen to appear pro hac vice (jtho) (Entered: 02/11/2004)
38 AFFIDAVIT of Celia Liner by plaintiff EEOC Re: [37-1] motion for Celia Liner and Kerith Cohen to appear pro hac vice (jtho) (Entered: 02/11/2004)
39 AFFIDAVIT of Kerith Cohen by plaintiff EEOC Re: [37-1] motion for Celia Liner and Kerith Cohen to appear pro hac vice (jtho) (Entered: 02/11/2004)
40 ORDER granting [37-1] motion for Celia Liner and Kerith Cohen to appear pro hac vice ( signed by Magistrate Judge Bruce H. Hendricks ) eod 2/12/04, svd. (jtho) (Entered: 02/12/2004)
41 MEMORANDUM with attachments 1-9 by defendant Homes America Inc, defendant Accent Mobile Homes, defendant Southern Showcase in support of (jtho) (Entered: 02/17/2004)
42 MOTION by defendant Homes America Inc, defendant Accent Mobile Homes, defendant Southern Showcase for partial summary judgment , to strike plaintiff's claim for punitive damages (jtho) (Entered: 02/18/2004)

5 of 7

6/7/2007 2:56 PM

CM/ECF - scd - Docket Report

https://ecf.scd.uscourts.gov/cgi-bin/DktRpt.pl?117591948897618-L_35...

02/27/2004 03/01/2004 03/05/2004
03/08/2004 03/08/2004 03/10/2004
03/23/2004
03/23/2004 04/02/2004 04/07/2004 04/07/2004 04/07/2004 04/07/2004

43 RESPONSE with exhibits A-E by defendant Homes America Inc, defendant Accent Mobile Homes, defendant Southern Showcase to [34-1] motion for partial summary judgment (jtho) (Entered: 03/01/2004)
44 AFFIDAVIT of Serinda Byrns by defendant Homes America Inc, defendant Accent Mobile Homes, defendant Southern Showcase Re: [43-1] motion response (jtho) (Entered: 03/02/2004)
45 ORDER Specific Document Filing 3/8/04 for EEOC - respond to defendants' memorandum in support of motion for partial summary judgment ( signed by Magistrate Judge Bruce H. Hendricks ) eod 3/5/04, svd. (jtho) (Entered: 03/05/2004)
46 RESPONSE with attachments 1-6 by plaintiff EEOC to [42-2] motion to strike plaintiff's claim for punitive damages. Attachment #1 original affidavit of Larry Savage. (jtho) (Entered: 03/09/2004)
47 REPLY with attachments 1-2 by plaintiff EEOC to [43-1] motion response. Attachment #2 original affidavit of Edwin L. Turnage. (jtho) (Entered: 03/09/2004)
48 ORDER denying [28-1] motion for reconsideration of [25-1] order. Defendants shall produce al documents, as ordered by Judge Hendrikcs, not later than 10 days after the filing date of this Order ( signed by Judge Henry F. Floyd ) eod 3/10/04, svd. (jtho) (Entered: 03/10/2004)
49 ORDER that this action is dismissed without prejudice. If settlement not consummated within 60 days, either party may petition the court to reopen/restore the calendar. ( signed by Judge Henry F. Floyd ) eod 3/23/04, svd. (jtho) (Entered: 03/23/2004)
Case closed (jtho) (Entered: 03/23/2004)
50 CONSENT MOTION with attachment by plaintiff EEOC to reopen (jtho) (Entered: 04/02/2004)
51 ORDER granting [50-1] motion to reopen for the purpose of entry of the parties Consent Decree ( signed by Judge Henry F. Floyd ) svd eod (sjam) (Entered: 04/07/2004)
Case reopened (sjam) (Entered: 04/07/2004)
52 CONSENT DECREE ( signed by Judge Henry F. Floyd ) eod svd (sjam) (Entered: 04/07/2004)
Case closed (sjam) (Entered: 04/07/2004)

PACER Service Center
Transaction Receipt
06/07/2007 15:57:46

6 of 7

6/7/2007 2:56 PM

CM/ECF - scd - Docket Report

https://ecf.scd.uscourts.gov/cgi-bin/DktRpt.pl?117591948897618-L_35...

PACER Login:

hs0328

Client Code:

eeoc++++++++++++++++++++++++++++

Description:

Docket Report

Search Criteria:

8:03-cv-01830-HFF

Billable Pages:

4

Cost: 0.32

7 of 7

6/7/2007 2:56 PM