Case: United States v. City of Newton

5:99-cv-00189 | U.S. District Court for the Western District of North Carolina

Filed Date: Dec. 8, 1999

Closed Date: July 6, 2000

Clearinghouse coding complete

Case Summary

On December 8th, 1999, the United States Department of Justice ("D.O.J.") filed a lawsuit under Title VII, 42 U.S.C. § 2000e et seq., against the City of Newton in the United States District Court for the Western District of North Carolina. The DOJ sought injunctive relief and demanded a trial by jury, alleging that the defendant violated Title VII by discriminating against a white male formerly employed as a sanitation worker in the City's Department of Public Works and Utilities, because of …

On December 8th, 1999, the United States Department of Justice ("D.O.J.") filed a lawsuit under Title VII, 42 U.S.C. § 2000e et seq., against the City of Newton in the United States District Court for the Western District of North Carolina. The DOJ sought injunctive relief and demanded a trial by jury, alleging that the defendant violated Title VII by discriminating against a white male formerly employed as a sanitation worker in the City's Department of Public Works and Utilities, because of his race, white, and his association with a black person.

The DOJ alleged that the discrimination against the former employee took the form of subjecting him to racial harassment, discharging him from his employment as a sanitation worker and failing or refusing to take appropriate action to remedy the effects of the discrimination against him.

His motion for intervention having been granted by the Court, the plaintiff-intervenor alleges similar claims of discrimination in a complaint dated April 5, 2000.

Though the defendant denied the allegations, the parties resolved all issues raised in the complaints amicably.

On July 6th, 2000, the Court (Richard L. Voorhees) entered a Consent Decree between the United States and the defendant. The Decree ordered injunctive relief, including the harassment training, monitoring, record-keeping, and reporting. The Court maintained jurisdiction for three years pursuant to the entry of the decree.

Summary Authors

Jennifer Hau (10/21/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/24071798/parties/united-states-v-city-of-newton/


Judge(s)

McKnight, Harold Brent (North Carolina)

Voorhees, Richard Lesley (North Carolina)

Attorneys(s) for Plaintiff

Burrows, Charlotte (District of Columbia)

Calloway, Mark Timothy (North Carolina)

Fenton, William B. (District of Columbia)

Meacham, Barbara J. (District of Columbia)

Attorneys(s) for Defendant

Lawrence, Paul C. (North Carolina)

Pitts, Larry W. (North Carolina)

Other Attorney(s)

Active

Judge(s)

McKnight, Harold Brent (North Carolina)

Voorhees, Richard Lesley (North Carolina)

Attorneys(s) for Plaintiff

Burrows, Charlotte (District of Columbia)

Calloway, Mark Timothy (North Carolina)

Fenton, William B. (District of Columbia)

Meacham, Barbara J. (District of Columbia)

Attorneys(s) for Defendant

Lawrence, Paul C. (North Carolina)

Pitts, Larry W. (North Carolina)

Other Attorney(s)

Palmieri, Phyllis A. (North Carolina)

Documents in the Clearinghouse

Document

Docket

July 31, 2000 Docket
1

Complaint and Demand for Jury Trial

Dec. 8, 1999 Complaint
4

Answer to Complaint

Jan. 3, 2000 Pleading / Motion / Brief
13

Complaint of Intervenor and Demand for Jury Trial

April 5, 2000 Complaint
16

Consent Decree Between the United States and the City of Newton, North Carolina

July 6, 2000 Settlement Agreement

Resources

Title Description External URL

Judicial Independence, Employment Discrimination Studies Funded

Ann Nicholson

This brief article describes the Clearinghouse's award of $12,000 to build its collection of employment discrimination class actions brought by private plaintiffs. Nov. 1, 2008 https://law.wustl.edu/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/24071798/united-states-v-city-of-newton/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT (ssh) (Entered: 12/21/1999)

Dec. 8, 1999 RECAP

SUMMONS(ES) issued for City of Newton (ssh)

Dec. 8, 1999 PACER
2

CONSENT/REFUSAL to Magistrate Jurisdiction by USA - refusal (ssh) (Entered: 12/21/1999)

Dec. 8, 1999 PACER
3

RETURN OF SERVICE Executed as to City of Newton 12/13/99 served with personal service by USM Answer due on 1/2/00 for City of Newton (cbb) (Entered: 01/05/2000)

Dec. 27, 1999 PACER
4

ANSWER to Complaint by City of Newton (Attorneys Paul C. Lawrence, Larry W. Pitts); w/cs (cbb) (Entered: 01/06/2000)

Jan. 3, 2000 PACER
5

CONSENT/REFUSAL to Magistrate Jurisdiction by City of Newton - Consent (cbb) (Entered: 01/06/2000)

Jan. 3, 2000 PACER
7

Certificate of I.A.C. by plaintiff USA, defendant City of Newton cc: HBM (cbb) (Entered: 01/24/2000)

Jan. 10, 2000 PACER
6

MOTION by USA for Barbara J. Meacham to Appear Pro Hac Vice w/cs referred to: Magistrate Judge H. B. McKnight cc: HBM (cbb) (Entered: 01/19/2000)

Jan. 18, 2000 PACER
8

ORDER granting [6-1] motion for Barbara J. Meacham to Appear Pro Hac Vice ( signed by Magistrate Judge H. B. McKnight ) [EOD DATE: 1/27/00] cc: attys of record (cbb) (Entered: 01/27/2000)

Jan. 27, 2000 PACER
9

MOTION (with Memo incorporated) to Intervene by Donald R. Stokely w/cs referred to: Magistrate Judge H. B. McKnight cc: HBM (cbb) (Entered: 02/09/2000)

Feb. 9, 2000 RECAP
10

ORDER, set for IPC at 9:30 3/10/00 before Magistrate Judge H. B. McKnight ( signed by Magistrate Judge H. B. McKnight ) [EOD DATE: 2/23/00] cc: attys of record (cbb) (Entered: 02/23/2000)

Feb. 22, 2000 PACER

Case file sent to Magistrate McKnight's office (cbb)

March 9, 2000 PACER
11

ORDER granting [9-1] motion to Intervene by Donald R. Stokely ( signed by Magistrate Judge H. B. McKnight ) [EOD DATE: 3/14/00] cc: attys of record (cbb) (Entered: 03/14/2000)

March 13, 2000 PACER
12

INITIAL PRETRIAL ORDER IPC held 9:30 3/10/00 Discovery deadline is 12/15/00 Motion filing deadline is 1/15/01 Jury trial scheduled nfor 9/10/01 term Report of Mediator due: 7/15/00 ETT: 4 days ( signed by Magistrate Judge H. B. McKnight ) cc: attys of record (cbb) (Entered: 03/29/2000)

March 27, 2000 PACER

Deadline updated; set Calendar Call for 10:00 9/10/01 (cbb)

March 27, 2000 PACER
13

Intervenor's COMPLAINT by Donald R. Stokely against City of Newton; jury trial demanded (cbb) (Entered: 04/05/2000)

April 5, 2000 PACER
14

ANSWER by City of Newton to [13-1] intervenor complaint; w/cs (cbb) (Entered: 04/27/2000)

April 25, 2000 PACER
15

JOINT MOTION by USA, City of Newton for Entry of Judgment/consent decree between USA and City of Newton referred to: Judge Richard L. Voorhees (bsw) (Entered: 06/09/2000)

June 8, 2000 PACER
16

CONSENT DECREE by plaintiff USA, defendant City of Newton Judgment Vol: 41 Page: 46 (cbb) (Entered: 07/10/2000)

July 6, 2000 PACER

Case closed (cbb)

July 6, 2000 PACER

Case file returned to Clerk's office, Statesville (cbb)

July 31, 2000 PACER

State / Territory: North Carolina

Case Type(s):

Equal Employment

Key Dates

Filing Date: Dec. 8, 1999

Closing Date: July 6, 2000

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States, on behalf of white male

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Newton (Newton), City

Defendant Type(s):

Sanitation/Public Works

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2000 - 2003

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Race discrimination

Race:

White