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

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

E&T FOODS, LLC d/b/a

)

COMPARE FOODS,

)

)

Defendant.

)

______________________________________ )

CIVIL ACTION NO. 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 bases of race and national origin and to provide appropriate relief to individuals who were adversely affected by the practices. Specifically, Plaintiff Equal Employment Opportunity Commission (“the Commission”) alleges that Defendant E&T Foods, LLC d/b/a Compare Foods (“Defendant”) discriminated against Eugene Gates by constructively discharging him because of his race, Black, and national origin, non-Hispanic. The Commission also alleges that Defendant discriminated against Thomas McCoy by discharging him because of his race, White, and national origin, nonHispanic. The Commission further alleges that Defendant discriminated against Bernice Grier by discharging her because of her race, Black and national origin, non-Hispanic.

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.
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 of 1964, 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 has continuously been a North Carolina limited liability company doing business in the State of North Carolina and the City of Charlotte and has continuously had at least fifteen employees. 5. At all relevant times, Defendant 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, Thomas McCoy and Eugene Gates filed charges with the Commission alleging violations of Title VII by Defendant. During the investigation by the Commission, Bernice Grier was identified as a similarly situated
2

employee who was aggrieved by the alleged unlawful employment practices. All conditions precedent to the institution of this lawsuit have been fulfilled.
7. From on or about March 1, 2004 until on or about April 5, 2004, Defendant engaged in unlawful employment practices at its N. Tryon Street store in Charlotte, North Carolina, in violation of Section 703(a)(1) of Title VII, 42 U.S.C. §2000e-2(a)(1), as set forth below:
a. On or about March 1, 2004, Defendant constructively discharged Eugene Gates, a non-Hispanic/Black meat cutter, because of his national origin and race by making his work conditions so intolerable that he reasonably felt compelled to resign. Specifically, Defendant significantly reduced Mr. Gates’ hours such that Mr. Gates could not earn adequate income in his position with Defendant. Defendant replaced Mr. Gates with a Hispanic individual.
b. On or about April 5, 2004, Defendant discharged Thomas McCoy, a nonHispanic/White market manager, because of his national origin and race. Defendant replaced Mr. McCoy with a Hispanic individual.
c. On or about March 19, 2004, Defendant discharged Bernice Grier, a nonHispanic/Black meat wrapper, because of her national origin and race. Defendant replaced Ms. Grier with a Hispanic individual.
8. The effect of the practices complained of in paragraph 7 above has been to deprive Eugene Gates, Thomas McCoy and Bernice Grier of equal employment opportunities and otherwise adversely affect their status as employees because of their national origin, nonHispanic.
9. The effect of the practices complained of in paragraph 7 above has been to deprive Eugene Gates, Thomas McCoy and Bernice Grier of equal employment opportunities and otherwise adversely affect their status as employees because of their race, non-Hispanic/Black or non-Hispanic/White.
3

10. The unlawful employment practices complained of in paragraph 7 above were intentional.
11. The unlawful employment practices complained of in paragraph 7 above were done with malice or with reckless indifference to the federally protected rights of Eugene Gates, Thomas McCoy and Bernice Grier.
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 engaging in any employment practice that discriminates on the bases of national origin or race. B. Order Defendant to institute and carry out policies, practices, and programs that provide equal employment opportunities for non-Hispanics, and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant to make whole Eugene Gates, Thomas McCoy and Bernice Grier by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of the unlawful employment practices described in paragraph 7 above, including but not limited to reinstatement or an award of front pay. D. Order Defendant to make whole Eugene Gates, Thomas McCoy and Bernice Grier by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, including medical expenses, in amounts to be determined at trial.
4

E. Order Defendant to make whole Eugene Gates, Thomas McCoy and Bernice Grier 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, loss of self-esteem and loss of civil rights, in amounts to be determined at trial.
F. Order Defendant to pay Eugene Gates, Thomas McCoy and Bernice Grier punitive damages for its malicious and reckless conduct, as described above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
H. Award the Commission its costs of this action. JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint.
5

DATED this the 3rd day of August, 2006.
Respectfully submitted,
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 (N.C. Bar No. 19732) Regional Attorney e-mail: lynette.barnes@eeoc.gov
s/ Mary M. Ryerse MARY M. RYERSE (S.C. Bar No. 68387) Trial Attorney e-mail: mary.ryerse@eeoc.gov
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Charlotte District Office 129 West Trade Street, Suite 400 Charlotte, North Carolina 28202 Phone: 704.344.6886 Fax: 704.344.6780
ATTORNEYS FOR PLAINTIFF
6

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

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

E & T FOODS, LLC

)

d/b/a COMPARE FOODS,

)

)

Defendant.

)

)

Civil Action No.: 3:06-CV-00318 CONSENT DECREE

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. The Commission’s complaint alleged Defendant E & T Foods, LLC d/b/a Compare Foods (“Defendant”) discriminated against Thomas McCoy and Bernice Grier by discharging them because of their national origin and race. Moreover, Defendant discriminated against Eugene McCoy by constructively discharging him, based on national origin and race. Defendant denies all the allegations in the Complaint.
The Commission and 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. Defendant’s agreement to the terms herein are not to be construed as an admission of liability on the part of the

Defendant. Additionally the Commission does not disavow any of the allegations contained in the lawsuit.
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 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 18 below.
It is therefore ORDERED, ADJUDGED AND DECREED as follows: 1. Defendant shall not discriminate against any person on the basis of national origin or race within the meaning of Title VII. 2. Defendant shall preserve employment records as required by EEOC procedural regulations, including but not limited to 29 C.F.R. § 1602.14. 3. Defendant shall pay Eugene Gates the sum of twenty thousand dollars ($20,000.00) in settlement of the claims raised in this action. Defendant shall make payment by issuing a check payable to Eugene Gates. Payment shall be made within thirty (30) days after the Court approves this Consent Decree or by February 25, 2008, whichever comes first. Defendant shall mail the check to Eugene Gates at an address provided by the Commission. Within ten (10) days after the check has been sent, Defendant shall mail to Lynette A. Barnes, Regional Attorney, at the Equal Employment Opportunity Commission, 129 W. Trade Street, Suite 400, Charlotte N.C., 28202, a copy of the check and proof of its delivery to Mr. Gates. 4. Defendant shall pay Thomas McCoy the sum of twelve thousand dollars ($12,000.00) in settlement of the claims raised in this action. Defendant shall make payment by
2

issuing a check payable to Thomas McCoy. Payment shall be made within thirty (30) days after the Court approves this Consent Decree or by February 25, 2008, whichever comes first. Defendant shall mail the check to Thomas McCoy at an address provided by the Commission. Within ten (10) days after the check has been sent, Defendant shall mail to Lynette A. Barnes, Regional Attorney, at the Equal Employment Opportunity Commission, 129 W. Trade Street, Suite 400, Charlotte N.C., 28202, a copy of the check and proof of its delivery to Mr. McCoy.
5. Defendant shall pay Bernice Grier the sum of eight thousand dollars ($ 8,000.00) in settlement of the claims raised in this action. Defendant shall make payment by issuing a check payable to Bernice Grier. Payment shall be made within thirty (30) days after the Court approves this Consent Decree or by February 25, 2008, whichever comes first. Defendant shall mail the check to Bernice Grier at an address provided by the Commission. Within ten (10) days after the check has been sent, Defendant shall mail to Lynette A. Barnes, Regional Attorney, at the Equal Employment Opportunity Commission, 129 W. Trade Street, Suite 400, Charlotte N.C., 28202, a copy of the check and proof of its delivery to Ms. Grier.
6. Within ten (10) days of the entry of this decree by the Court, Defendant shall eliminate from the employment records of Eugene Gates, Thomas McCoy, and Bernice Grier any and all documents, entries, or references of any kind relating to the facts and circumstances which led to the filing of the EEOC Charges 140-2004-03792 and 140-2004-03842, respectively, 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.
7. Defendant agrees to provide Eugene Gates, Thomas McCoy, and Bernice Grier positive letters of reference, copies of which are attached hereto, marked as Appendix A, B, and
3

C. In addition, if Defendant receives any inquiries regarding the employment of Mr. Gates, Mr. McCoy, or Ms. Grier, in lieu of oral response, Defendant shall provide a copy of the appropriate letter of reference.
8. Within ninety (90) days of the entry of this decree by the Court, Defendant shall adopt, implement, and distribute a formal, written anti-discrimination policy, which shall include but not be limited to the following: an explanation of the requirements of the federal equal employment opportunity laws, including Title VII and its prohibition against national origin and race discrimination; procedures for reporting discrimination; and a procedure for the thorough and immediate investigation of employee complaints of discrimination. Defendant shall distribute to each current employee, at the stores listed in Appendix D, a copy of the policy, in English and in Spanish, within the aforementioned 90 day time period. Within one hundred (100) 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.
9. During the term of this Decree, Defendant shall post a copy of the policy described in paragraph 8, supra, in the stores listed in Appendix D in a place where it is visible to employees. Defendant shall post the policy in English and in Spanish. If the policy becomes defaced or unreadable, Defendant shall replace it by posting another copy of the policy. Within one hundred (100) days after the Consent Decree is entered, Defendant shall post the policy and notify the EEOC that it has been posted.
10. During the term of this Decree, Defendant shall provide an annual training program to all of managers, supervisors and employees at Defendant’s store located at 4300
4

North Tryon Street, Charlotte, NC 28213. Each training program shall include an explanation of the requirements of Title VII and its prohibition against discrimination in the workplace. Each training program shall also include an explanation of Defendant’s policy referenced in paragraph 8 above, and an explanation of the rights and responsibilities of employees and managers under the policy. The training must be available in English and in Spanish.
The first training program shall be completed within one hundred (100) 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.
11. 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 Appendix E, hereby made a part of this Decree, in a place where it is visible to employees at the stores listed in Appendix D. The Notice will be posted both in English and in Spanish. If the Notice becomes defaced or unreadable, Defendant shall replace it by posting another copy of the Notice. Within forty-five (45) days after entry of this Decree, Defendant shall notify the Commission that the Notice has been posted pursuant to this provision and provide a copy of the Notice in Spanish.
5

12. 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 whose employment at Defendant’s store located at 4300 North Tryon Street, Charlotte, NC 28213, ended at any time during the reporting period, including by way of identification each individual’s full name, race, national origin, social security number, last date of employment, reason employment ended, last known address, and last known telephone number;
In the event there is no activity to report pursuant to this paragraph, Defendant shall send the EEOC a “negative” report indicating no activity.
13. The Commission may review compliance with this Decree. As part of such review, the Commission may inspect the stores listed in Appendix D, interview employees and examine and copy documents.
14. 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 twenty (20) days in which to investigate and respond to the allegations. Thereafter, the parties shall then have a period of twenty (20) days or such additional period as may be agreed upon by them, in which to engage in negotiation regarding such allegations before the Commission exercises any remedy provided by law.
6

15. The term of this Decree shall be for three (3) years from its entry by the Court. 16. 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. 17. Each party shall bear its own costs and attorney’s fees. 18. 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.

IT IS SO ORDERED.

Signed: January 28, 2008

7

This the 28th day of January, 2008.

The parties jointly request that the Court approve and enter the Consent Decree:

PLAINTIFF EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

DEFENDANT E&T FOODS, LLC d/b/a COMPARE FOODS

RONALD S. COOPER General Counsel
JAMES L. LEE Deputy General Counsel

s/ G. Bryan Adams. III
G. BRYAN ADAMS, III (N.C. Bar No. 17307) e-mail: badams-vrad@carolina.rr.com

GWENDOLYN YOUNG REAMS Associate General Counsel 1801 L Street, N.W. Washington, D.C. 20507
s/Lynette A. Barnes LYNETTE A. BARNES (N.C. Bar No. 19732) Regional Attorney e-mail: lynette.barnes@eeoc.gov

PHILIP M. VAN HOY (N.C. Bar No. 5869) e-mail: pvanhoy-vrad@carolina.rr.com
VAN HOY, REUTLINGER, ADAMS & DUNN 737 East Boulevard Charlotte, North Carolina 28203 Telephone: 704.375.6022
ATTORNEYS FOR DEFENDANT

TINA BURNSIDE (WI Bar No: 1026965) Supervisory Trial Attorney

s/ Mary M. Ryerse MARY M. RYERSE (S.C. Bar No. 68387) Trial Attorney e-mail: mary.ryerse@eeoc.gov

DARRELL GRAHAM (MN Bar #: 290890) Trial Attorney e-mail: darrell.graham@eeoc.gov

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Charlotte District Office 129 West Trade Street, Suite 400 Charlotte, North Carolina 28202 Phone: 704.344.6886

ATTORNEYS FOR PLAINTIFF

8

[Defendant E & T Foods, LLC d/b/a Compare Foods] [Date] TO WHOM IT MAY CONCERN: We are pleased to provide the following reference on behalf of our former employee, Eugene Gates. Mr. Gates was employed by E & T Foods, LLC d/b/a Compare Foods as a butcher between February 13, 2004 and March 1, 2004. His ending salary was $12.50 per hour. Mr. Gates was a reliable employee who possesses excellent skills as a butcher. We valued Mr. Gates’ services to our company. We hope that this information about Mr. Gates is helpful to you in considering him for employment. Sincerely,
Eligio Pena President, Compare Foods
Appendix A

[Defendant E & T Foods, LLC d/b/a Compare Foods] [Date] TO WHOM IT MAY CONCERN: We are pleased to provide the following reference on behalf of our former employee, Thomas McCoy. Mr. McCoy was employed by E & T Foods, LLC d/b/a Compare Foods as the manager in the meat department between February 13, 2004 and April 5, 2004. His ending salary was $16.85 per hour. Mr. McCoy was a reliable employee who possesses excellent skills as a manager. We valued Mr. McCoy’s services to our company. We hope that this information about Mr. McCoy is helpful to you in considering him for employment. Sincerely,
Eligio Pena President, Compare Foods
Appendix B

[Defendant E & T Foods, LLC d/b/a Compare Foods] [Date] TO WHOM IT MAY CONCERN: We are pleased to provide the following reference on behalf of our former employee, Bernice Grier. Ms. Grier was employed by E & T Foods, LLC d/b/a Compare Foods as a wrapper in the meat department between February 13, 2004 and March 19, 2004. Her ending salary was $7.75 per hour. Ms. Grier was a reliable employee who possesses excellent skills as a wrapper. We valued Ms. Grier’s services to our company. We hope that this information about Ms. Grier is helpful to you in considering her for employment. Sincerely,
Eligio Pena President, Compare Foods
Appendix C

Compare Foods 3112 Milton Road Charlotte, North Carolina 28215
Compare Foods 818 E. Arrowood Road Charlotte, North Carolina 28217
Compare Foods 2557 West Franklin Avenue Gastonia, North Carolina 28052
Compare Foods 5610 East Independence Boulevard Charlotte, North Carolina 28212
Compare Foods 4300 North Tryon Street Charlotte, NC 28213

List of Stores

Appendix D

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

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

E & T FOODS, LLC

)

d/b/a COMPARE FOODS,

)

)

Defendant.

)

_____________________________________________________ )

Civil Action No.: 3:06-CV-00318 NOTICE

1. This Notice is posted pursuant to a settlement between the U.S. Equal Employment Opportunity Commission (“EEOC”) and E&T Foods, LLC d/b/a Compare Foods (“Compare Foods”) in a case of discrimination based on national origin and race. Specifically, the EEOC alleged that Compare Foods discriminated against three employees by discharging two of the employees and constructively discharging the other employee in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"). Defendant denies all the allegations. The parties have decided to resolve this lawsuit to avoid the burden, expense, and delay of further litigation.

2. Federal law requires that employers not discriminate against any employee or applicant for employment because of the individual’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, or because they gave testimony or assistance or participated in an employment discrimination investigation, proceeding, or hearing, or otherwise asserted their rights under the laws enforced by the EEOC.

3. Compare Foods will comply with such federal laws in all respects. Furthermore, Compare Foods will not take any actions against employees because they have exercised their rights, reported an alleged violation under the law or given testimony, assistance or participation in any investigation, proceeding or hearing conducted by the U.S. Equal Employment Opportunity Commission.

An employee has the right to report allegations of employment discrimination in the workplace. An employee may contact their local U. S. Equal Employment Opportunity Commission field office for the purpose of filing a charge of employment discrimination. To locate the nearest field office, contact:
Equal Employment Opportunity Commission 1801 L Street, N.W.
Washington, DC 20507 TEL: 1-800-669-4000 TTY: 1-800-669-6820 website: www.eeoc.gov

This Notice will remain posted for at least three (3) years by agreement with the U.S. Equal Employment Opportunity Commission.

DO NOT REMOVE THIS NOTICE UNTIL:________________________, 2011.

Appendix E

 
 CM/ECF - LIVE DATABASE - NCWD

https://ecf.ncwd.uscourts.gov/cgi-bin/DktRpt.pl?109750378894645-L_...

CLOSED, IAC, REFUSE
U.S. District Court Western District of North Carolina (Charlotte) CIVIL DOCKET FOR CASE #: 3:06-cv-00318-FDW-CH

Equal Employment Opportunity Commission v. E&T Foods, LLC Date Filed: 08/03/2006

Assigned to: District Judge Frank D. Whitney

Date Terminated: 01/28/2008

Referred to: Magistrate Judge Carl Horn, III

Jury Demand: Both

Cause: 42:2000ra Job Discrimination (Race)

Nature of Suit: 442 Civil Rights: Jobs

Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Darrell Elijah Graham 129 W. Trade Street Suite 400 Charlotte, NC 28202 704-344-6885 Fax: 704-344-6780 Email: darrell.graham@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

Mary Margaret Ryerse EEOC U.S. Equal Employment Opportunity Commission 129 W. Trade Street, Suite 400 Charlotte, NC 28202 704-344-6886 Fax: 704-344-6780 Email: mary.ryerse@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

1 of 5

3/4/2008 3:01 PM

CM/ECF - LIVE DATABASE - NCWD

https://ecf.ncwd.uscourts.gov/cgi-bin/DktRpt.pl?109750378894645-L_...

V.
Defendant
E&T Foods, LLC doing business as Compare Foods

represented by G. Bryan Adams, III Van Hoy, Reutlinger, Adams & Dunn 737 East Blvd. Charlotte, NC 28203 704-375-6022 Fax: 704-375-6024 Email: badams-vrad@carolina.rr.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Philip M. VanHoy Van Hoy, Reutlinger, Adams & Dunn 737 East Boulevard Charlotte, NC 28203 704/375-6022 Fax: 704/375-6024 Email: phil.vanhoy@vradlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 08/03/2006 08/03/2006
08/03/2006 08/04/2006 08/18/2006 10/03/2006 10/03/2006

# Docket Text
1 COMPLAINT against E&T Foods, LLC, filed by Equal Employment Opportunity Commission.(Ryerse, Mary) (Entered: 08/03/2006)
NOTICE of ECF Case Opening Error re: 1 Complaint Summons not issued. Filer shall conventionally submit civil summons for issuance to the Clerk of Court. No request for waiver of service. If summons not to be issued, filer shall file a request for waiver of service using the Request for Waiver of Service event. (apb) (Entered: 08/03/2006)
Case Assigned to Judge Carl Horn, III. This is your only notice - you will not receive a separate document.(apb) (Entered: 08/03/2006)
2 REQUEST FOR WAIVER of Service sent to E&T Foods, LLC on 08/04/06 by Equal Employment Opportunity Commission. (Ryerse, Mary) (Entered: 08/04/2006)
4 WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. E&T Foods, LLC waiver sent on 8/4/2006, answer due 10/3/2006. (Ryerse, Mary) (Entered: 08/18/2006)
6 Corporate Disclosure Statement by E&T Foods, LLC (Adams, G.) (Entered: 10/03/2006)
7 ANSWER to Complaint by E&T Foods, LLC.(Adams, G.) (Entered: 10/03/2006)

2 of 5

3/4/2008 3:01 PM

CM/ECF - LIVE DATABASE - NCWD

https://ecf.ncwd.uscourts.gov/cgi-bin/DktRpt.pl?109750378894645-L_...

10/03/2006 10/04/2006 11/08/2006 11/08/2006 11/08/2006 12/12/2006
12/12/2006 01/30/2007 05/08/2007 08/28/2007 08/28/2007 10/23/2007 10/24/2007 12/11/2007
12/31/2007

Case reassigned to Judge Frank D. Whitney and referred to Judge Carl Horn, III. This is your only notice - you will not receive a separate document.(jhg) (Entered: 10/03/2006)
8 NOTICE of Appearance by Philip M. VanHoy on behalf of E&T Foods, LLC (VanHoy, Philip) (Entered: 10/04/2006)
9 CERTIFICATION of initial attorney conference and discovery plan by Equal Employment Opportunity Commission, E&T Foods, LLC.(Ryerse, Mary) (Entered: 11/08/2006)
10 ORDER settingInitial Pretrial Conference for 12/12/2006 10:30 AM in Chambers before Carl Horn III.Signed by Judge Carl Horn III on 11/8/06. (com) (Entered: 11/08/2006)
11 PRETRIAL ORDER AND CASE MANAGEMENT PLAN: Discovery due by 8/31/2007. Motions due by 10/1/2007. Signed by Judge Carl Horn III on 11/8/06. (com) (Entered: 11/08/2006)
Minute Entry for proceedings held before Judge Carl Horn III: In Chambers Conference held on 12/12/2006. Plaintiff's attorney: Mary Margaret Ryerse.Defendant's attorney: G. Bryan Adams, III, Philip M. VanHoy. (Robinson, Chelli) (Entered: 12/12/2006)
12 ORDER REFERRING CASE to Mediation. Jonathan R. Harkavy appointed.Mediation deadline set for 5/15/2007. Signed by Judge Carl Horn III on 12/12/06. (com) (Entered: 12/12/2006)
13 NOTICE of Appearance by Darrell Elijah Graham on behalf of Equal Employment Opportunity Commission (Graham, Darrell) (Entered: 01/30/2007)
14 REPORT of Mediation by Jonathan R. Harkavy - parties have reached an impasse.(com) (Entered: 05/08/2007)
15 Joint MOTION for Extension of Scheduling Deadlines by E&T Foods, LLC. (Adams, G.). Motions referred to Carl Horn, III. (Entered: 08/28/2007)
16 ORDER, granting 15 Joint MOTION for Extension of Scheduling Deadlines.Discovery due by 10/31/2007.,Motions due by 12/3/2007.. Signed by Judge Carl Horn III on 8/28/07. (bsw) (Entered: 08/28/2007)
17 Joint MOTION for Extension of Scheduling Deadlines by E&T Foods, LLC. (Adams, G.). Motions referred to Carl Horn, III. (Entered: 10/23/2007)
18 ORDER granting 17 Motion for Extension of Scheduling Deadlines. Signed by Judge Carl Horn III on 10/24/07. (chh) (Entered: 10/24/2007)
Set Deadlines/Hearings: Discovery due by 11/30/2007.,Jury Trial set for 3/10/2008 09:30 AM in Courtroom #1, 401 W. Trade St., Charlotte, NC 28202 before District Judge Frank D. Whitney., Dispositive Motions due by 12/31/2007. (chh) (Entered: 12/11/2007)
19 MOTION for Summary Judgment by E&T Foods, LLC.Responses due by 1/17/2008. (Adams, G.) (Entered: 12/31/2007)

3 of 5

3/4/2008 3:01 PM

CM/ECF - LIVE DATABASE - NCWD

https://ecf.ncwd.uscourts.gov/cgi-bin/DktRpt.pl?109750378894645-L_...

12/31/2007 12/31/2007 12/31/2007 12/31/2007
12/31/2007
01/11/2008 01/11/2008 01/25/2008 01/25/2008

20 MEMORANDUM in Support re 19 MOTION for Summary Judgment filed by E&T Foods, LLC. (Attachments: # 1 SJ Memorandum of Law Part 2, # 2 Appendix Bernice Grier Deposition Excerpts Part 1, # 3 Appendix Bernice Grier Depo Excerpts Part 2, # 4 Appendix Bernice Grier Depo Excerpts Part 3)(Adams, G.) (Entered: 12/31/2007)
21 Addendum by E&T Foods, LLC. Addendum to 20 Memorandum in Support of Motion, (Attachments: # 1 Appendix Pena Depo Excerpts Part 2, # 2 Appendix Pena Depo Excerpts Part 3, # 3 Appendix Pena Depo Excerpts Part 4, # 4 Appendix Pena Depo Excerpts Part 5, # 5 Appendix Pena Depo Excerpts Part 6)(Adams, G.) (Entered: 12/31/2007)
22 Addendum by E&T Foods, LLC. Addendum to 20 Memorandum in Support of Motion, (Attachments: # 1 Appendix Hall Depo Excerpts Part 2, # 2 Appendix Polanco Depo Excerpts, # 3 Appendix Sosa Depo Excerpts Part 1, # 4 Appendix Sosa Depo Excerpts Part 2, # 5 Appendix Sosa Depo Excerpts Part 3)(Adams, G.) (Entered: 12/31/2007)
23 Addendum by E&T Foods, LLC. Addendum to 20 Memorandum in Support of Motion, (Attachments: # 1 Appendix Gates Depo Excerpts Part 2, # 2 Appendix Gates Depo Excerpts Part 3, # 3 Appendix McCoy Depo Excerpts Part 1, # 4 Appendix McCoy Depo Excerpts Part 2, # 5 Appendix McCoy Depo Excerpts Part 3, # 6 Appendix McCoy Depo Excerpts Part 4)(Adams, G.) (Entered: 12/31/2007)
24 Addendum by E&T Foods, LLC. Addendum to 20 Memorandum in Support of Motion, (Attachments: # 1 Appendix Defendant's Depo Exhibits Part 2, # 2 Appendix Defendant's Depo Exhibits Part 3, # 3 Appendix Defendant's Depo Exhibits Part 4, # 4 Appendix Defendant's Depo Exhibits Part 5, # 5 Appendix Plaintiff's Depo Exhibits Part 1, # 6 Appendix Plaintiff's Depo Exhibits Part 2, # 7 Exhibit Memorandum Exhibit A)(Adams, G.) (Entered: 12/31/2007)
25 MOTION for Extension of Time to File Response/Reply as to 19 MOTION for Summary Judgment by Equal Employment Opportunity Commission.Responses due by 1/28/2008. (Attachments: # 1 Proposed Order)(Ryerse, Mary). Motions referred to Carl Horn, III. (Entered: 01/11/2008)
26 ORDER granting 25 Motion for Extension of Time to File Response/Reply re 19 MOTION for Summary Judgment. Responses due by 1/25/2008. Signed by District Judge Frank D. Whitney on 1/11/08. (com) (Entered: 01/11/2008)
27 Consent MOTION for Extension of Time to File Response/Reply as to 19 MOTION for Summary Judgment by Equal Employment Opportunity Commission.Responses due by 2/11/2008. (Attachments: # 1 Proposed Order)(Ryerse, Mary). Motions referred to Carl Horn, III. (Entered: 01/25/2008)
TEXT-ONLY ORDER granting 27 Motion for Extension of Time to File Response/Reply re 19 MOTION for Summary Judgment Responses due by 1/28/2008. Replies due by 2/6/2008. Text of Order: Plaintiff's Second Motion for enlargement is GRANTED; Plaintiff shall file its response to Defendant's Motion for Summary Judgment on or before January 28, 2008. Plaintiff is cautioned, however, that further enlargements in this case will not be granted. So Ordered.. Entered by District Judge Frank D. Whitney on 1/25/2008. (Baker, Steve)

4 of 5

3/4/2008 3:01 PM

CM/ECF - LIVE DATABASE - NCWD

https://ecf.ncwd.uscourts.gov/cgi-bin/DktRpt.pl?109750378894645-L_...

01/28/2008 01/28/2008

(Entered: 01/25/2008)
28 NOTICE of Settlement by Equal Employment Opportunity Commission (Attachments: # 1 Proposed Order Consent Decree)(Ryerse, Mary) (Entered: 01/28/2008)
29 CONSENT DECREE. Signed by District Judge Frank D. Whitney on 1/28/08. (bsw) (Entered: 01/28/2008)

PACER Service Center

Transaction Receipt

PACER Login:
Description:
Billable Pages:

03/04/2008 16:01:48

wu0079 Client Code: eeoc

Docket Report

Search Criteria:

3:06-cv-00318-FDW-CH

4

Cost:

0.32

5 of 5

3/4/2008 3:01 PM