Case: United States v. Mecklenburg County

3:99-cv-00353 | U.S. District Court for the Western District of North Carolina

Filed Date: Aug. 26, 1999

Closed Date: Jan. 10, 2001

Clearinghouse coding complete

Case Summary

On August 26th, 1999, the United States Department of Justice ("D.O.J.") filed a lawsuit under Title VII, 42 U.S.C. § 2000e et seq., against Mecklenburg County of North Carolina 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 female formerly employed as a temporary social worker assistant in the Division of Youth and Family Se…

On August 26th, 1999, the United States Department of Justice ("D.O.J.") filed a lawsuit under Title VII, 42 U.S.C. § 2000e et seq., against Mecklenburg County of North Carolina 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 female formerly employed as a temporary social worker assistant in the Division of Youth and Family Services of the County's Department of Social Services, and other women employed there on the basis of sex.

Specifically, the DOJ alleged in the complaint that the discrimination took the form of sexual harassment and failing or refusing to take appropriate action to remedy the effects of the discriminatory treatment.

Her motion having been granted, the intervenor filed her own complaint on October 26th, 1999. In the complaint, she makes similar allegations of sexual harassment subsequent retaliation for rejecting unwanted advances. The complaint also makes three claims for relief: violation of Title VII, wrongful discharge, and negligent supervision and retention of an employee).

On January 31st, 2000, a Consent Settlement Agreement was entered. It orders that the defendant continue Mecklenburg County's current policy of not engaging in any act or practice that has the purpose or effect of unlawfully discriminating against any employee because of sex, and of not retaliating. The agreement also requires that the defendant revise their sexual harassment policy, and distribute it to all permanent and temporary employees. The defendant was also ordered to keep records during the life of the agreement. Additionally, the agreement awards monetary damages to the intervenor. The court maintained jurisdiction for eighteen (18) months after entry of said decree.

However, on May 17th 2000, the case was reopened, and on July 12th, 2000, the intervenor submitted an amended complaint. The amendment was a provision that states that the defendant has waived governmental immunity to the extent that it has purchased liability insurance coverage applicable to the plaintiff-intervenor's claims.

On October 4th, 200, the defendant filed a sealed memorandum in support of a motion for Summary Judgment. On December 7th, 2000, the Court (Magistrate Judge H. B. McKnight) submitted an order granting the Intervenor's Motion to Seal Response and Memorandum.

On January 10th, 2001, a Stipulation of Dismissal states that all claims made by or on behalf of the intervenor shall be dismissed with prejudice. The case was consequently closed on the same day.

Summary Authors

Jennifer Hau (11/26/2007)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/10982001/parties/united-states-v-mecklenburg-county/


Judge(s)

Voorhees, Richard Lesley (North Carolina)

Attorneys(s) for Plaintiff

Brinkley, Joseph L. (North Carolina)

Burrows, Charlotte (District of Columbia)

Calloway, Mark Timothy (North Carolina)

Curran, Stephen J. (District of Columbia)

Fenton, William B. (District of Columbia)

Lee, Bill Lann (District of Columbia)

Marshall, Clifford C. Jr. (North Carolina)

Attorneys(s) for Defendant

Calame, Parmele P. (North Carolina)

Cobb, James O. (North Carolina)

Judge(s)

Voorhees, Richard Lesley (North Carolina)

Attorneys(s) for Plaintiff

Brinkley, Joseph L. (North Carolina)

Burrows, Charlotte (District of Columbia)

Calloway, Mark Timothy (North Carolina)

Curran, Stephen J. (District of Columbia)

Fenton, William B. (District of Columbia)

Lee, Bill Lann (District of Columbia)

Marshall, Clifford C. Jr. (North Carolina)

Attorneys(s) for Defendant

Calame, Parmele P. (North Carolina)

Cobb, James O. (North Carolina)

Dowds, Patricia E. (North Carolina)

Kelly, John P. (Georgia)

Rainey, Richard Lee (North Carolina)

Snelling, John S. (Georgia)

Other Attorney(s)

Roberts, Thomas DuBose (North Carolina)

Documents in the Clearinghouse

Document

3:99-cv-00353

Docket

Jan. 18, 2001

Jan. 18, 2001

Docket
1

3:99-cv-00353

Complaint

Aug. 26, 1999

Aug. 26, 1999

Complaint
11

3:99-cv-00353

Intervenor's Complaint

Oct. 26, 1999

Oct. 26, 1999

Complaint
28

3:99-cv-00353

Consent Decree

Jan. 31, 2000

Jan. 31, 2000

Settlement Agreement
39

3:99-cv-00353

Intervenor's Amended Complaint

July 12, 2000

July 12, 2000

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/10982001/united-states-v-mecklenburg-county/

Last updated July 19, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (clc) (Entered: 08/31/1999)

Aug. 26, 1999

Aug. 26, 1999

PACER

SUMMONS(ES) issued for Mecklenburg County (clc)

Aug. 26, 1999

Aug. 26, 1999

PACER
2

CONSENT/REFUSAL to Magistrate Jurisdiction by USA - Refusal (clc) (Entered: 08/31/1999)

Aug. 26, 1999

Aug. 26, 1999

PACER
3

RETURN OF SERVICE Executed as to Mecklenburg County 9/2/99 served with s&c Answer due on 9/22/99 for Mecklenburg County (clc) (Entered: 09/13/1999)

Sept. 9, 1999

Sept. 9, 1999

PACER
4

ORDER granting [4-1] motion to Extend Time up to and including 10/12/99 to ans cmplt, and reset Answer deadline to 10/12/99 for Mecklenburg County () [EOD DATE: 9/22/99] (clc) (Entered: 09/22/1999)

Sept. 17, 1999

Sept. 17, 1999

PACER
5

MOTION by Ruth Annette Harris to Intervene as Pltf by Ruth Annette Harris referred to: Magistrate Judge H. B. McKnight (clc) (Entered: 09/30/1999)

Sept. 30, 1999

Sept. 30, 1999

PACER
6

ANSWER to Complaint by Mecklenburg County (clc) (Entered: 10/12/1999)

Oct. 12, 1999

Oct. 12, 1999

PACER
7

THIRD-PARTY COMPLAINT by Mecklenburg County against Accustaff, Inc (clc) (Entered: 10/12/1999)

Oct. 12, 1999

Oct. 12, 1999

PACER

SUMMONS(ES) issued for Accustaff, Inc (clc)

Oct. 12, 1999

Oct. 12, 1999

PACER
8

CONSENT/REFUSAL to Magistrate Jurisdiction by Mecklenburg County, Mecklenburg County - Refusal (clc) (Entered: 10/12/1999)

Oct. 12, 1999

Oct. 12, 1999

PACER
9

RETURN OF SERVICE Executed as to Accustaff, Inc 10/13/99 served with s&c Answer due on 11/2/99 for Accustaff, Inc (clc) (Entered: 10/19/1999)

Oct. 18, 1999

Oct. 18, 1999

PACER
10

ORDER granting [5-1] motion to Intervene as Pltf by Ruth Annette Harris ( signed by Magistrate Judge H. B. McKnight ) [EOD DATE: 10/27/99] (clc) (Entered: 10/27/1999)

Oct. 26, 1999

Oct. 26, 1999

PACER
11

Intervenor's COMPLAINT by Ruth Harris against Mecklenburg County (clc) (Entered: 10/27/1999)

Oct. 26, 1999

Oct. 26, 1999

RECAP
12

ANSWER by Accustaff, Inc (Attorney Parmele P. Calame, John S. Snelling, John P. Kelly) to [7-1] third-party complaint by Mecklenburg County (clc) (Entered: 11/04/1999)

Nov. 2, 1999

Nov. 2, 1999

PACER
13

CONSENT/REFUSAL to Magistrate Jurisdiction by Accustaff, Inc - Refusal (clc) (Entered: 11/04/1999)

Nov. 2, 1999

Nov. 2, 1999

PACER
14

ORDER entered by Clerk granting [14-1] motion to Extend Time to 12/6/99 to resp to intervenor complt, set Answer deadline to 12/6/99 for Mecklenburg County [EOD DATE: 11/12/99] (bsw) (Entered: 11/12/1999)

Nov. 12, 1999

Nov. 12, 1999

PACER
15

Certificate of I.A.C. by plaintiff USA, defendant Mecklenburg County, intervenor-plaintiff Ruth Annette Harris, third-party defendant Accustaff, Inc (clc) (Entered: 11/29/1999)

Nov. 24, 1999

Nov. 24, 1999

PACER
16

ANSWER by Mecklenburg County to [11-1] intervenor complaint (clc) (Entered: 12/02/1999)

Nov. 29, 1999

Nov. 29, 1999

PACER
17

Substitution of Counsel terminating attorney Mark T. Calloway for USA and substituting Joseph L. Brinkley (clc) (Entered: 12/08/1999)

Dec. 6, 1999

Dec. 6, 1999

PACER
18

MOTION by AccuStaff to Extend Time up to and including 2/2/00 to resp to interrogatories and request for production of docs referred to: Magistrate Judge H. B. McKnight (clc) Modified on 01/07/2000 (Entered: 01/04/2000)

Dec. 30, 1999

Dec. 30, 1999

PACER
19

MOTION by Accustaff, Inc to Extend Time up to and including 2/18/00 to resp to interrogatories and request for production of docs referred to: Magistrate Judge H. B. McKnight (clc) (Entered: 01/06/2000)

Jan. 5, 2000

Jan. 5, 2000

PACER
20

ORDER granting [18-1] motion to Extend Time up to and including 2/2/00 to resp to interrogatories and request for production of docs ( signed by Magistrate Judge H. B. McKnight ) [EOD DATE: 1/7/00] (clc) (Entered: 01/07/2000)

Jan. 6, 2000

Jan. 6, 2000

PACER
21

ORDER granting [19-1] motion to Extend Time up to and including 2/24/00 to resp to interrogatories and request for production of docs ( signed by Magistrate Judge H. B. McKnight ) [EOD DATE: 1/7/00] (clc) (Entered: 01/07/2000)

Jan. 6, 2000

Jan. 6, 2000

PACER
23

ORDER, set for IPC at 10:40 1/20/00 before Magistrate Judge H. B. McKnight ( signed by Magistrate Judge H. B. McKnight ) [EOD DATE: 1/11/00] (clc) (Entered: 01/11/2000)

Jan. 7, 2000

Jan. 7, 2000

PACER
22

NOTICE of Appearance for Mecklenburg County, Mecklenburg County, Mecklenburg County by Richard L. Rainey, Patricia E. Dowds (clc) (Entered: 01/11/2000)

Jan. 10, 2000

Jan. 10, 2000

PACER
24

ORDER granting [19-1] motion to Extend Time up to and including 2/18/00 to resp to Meck Co's interrogatories and request for production of docs ( signed by Magistrate Judge H. B. McKnight ) [EOD DATE: 1/14/00] (clc) (Entered: 01/14/2000)

Jan. 13, 2000

Jan. 13, 2000

PACER
25

RESPONSE by USA to [19-1] motion to Extend Time up to and including 2/18/00 to resp to interrogatories and request for production of docs by Accustaff, Inc, [18-1] motion to Extend Time up to and including 2/2/00 to resp to interrogatories and request for production of docs by Accustaff, Inc (clc) (Entered: 01/21/2000)

Jan. 14, 2000

Jan. 14, 2000

PACER
26

NOTICE of Appearance for USA by Stephen J. Curran (clc) (Entered: 01/21/2000)

Jan. 14, 2000

Jan. 14, 2000

PACER
27

RETURN OF SERVICE Executed 1/19/00 served with Subpoena (clc) (Entered: 01/31/2000)

Jan. 26, 2000

Jan. 26, 2000

PACER
28

CONSENT ORDER, for Protective Order ( signed by Magistrate Judge H. B. McKnight ) [EOD DATE: 2/1/00] (clc) (Entered: 02/01/2000)

Jan. 31, 2000

Jan. 31, 2000

PACER
29

INITIAL PRETRIAL ORDER IPC held 10:40 1/20/00 Discovery deadline is 8/24/00 Motion filing deadline is 9/29/00 Mediation due: 5/15/00 Report of Mediator due: 5/15/00 Jury Trial set for 9:30 1/8/01 ETT: 10 days ( signed by Magistrate Judge H. B. McKnight ) (clc) (Entered: 02/01/2000)

Jan. 31, 2000

Jan. 31, 2000

PACER
30

RETURN OF SERVICE Executed as to Mecklenburg County 3/1/00 served with Subpoena (clc) (Entered: 03/13/2000)

March 8, 2000

March 8, 2000

PACER

Deadline updated; set Calendar Call for 10:00 1/8/01 before Judge Richard L. Voorhees, set Jury Trial for 10:00 1/8/01 before Judge Richard L. Voorhees (dcap)

April 12, 2000

April 12, 2000

PACER
32

MOTION by Accustaff Inc to excuse appearance at mediated settlement conf (former emp) (Entered: 04/17/2000)

April 12, 2000

April 12, 2000

PACER
31

ORDER excusing 3rd pty deft Randstad US, LL d/b/a accustaff from attending mediation conf sched for 4/14/00 ( signed by Magistrate Judge H. B. McKnight ) [EOD DATE: 4/14/00] (former emp) (Entered: 04/14/2000)

April 13, 2000

April 13, 2000

PACER
33

JOINT MOTION by USA, Mecklenburg County for entry of consent Settlement agreement referred to: Judge Richard L. Voorhees (former emp) (Entered: 05/09/2000)

May 2, 2000

May 2, 2000

PACER
34

ORDER granting [33-1] joint motion for entry of consent Settlement agreement ( signed by Judge Richard L. Voorhees ) [EOD DATE: 5/15/00] (former emp) (Entered: 05/15/2000)

May 9, 2000

May 9, 2000

RECAP

Case closed (former emp) Modified on 08/09/2000

May 9, 2000

May 9, 2000

PACER
35

ORDER granting [33-1] joint motion for entry of consent Settlement agreement ( signed by Judge Richard L. Voorhees ) [EOD DATE: 5/15/00] (former emp) (Entered: 05/15/2000)

May 9, 2000

May 9, 2000

PACER
36

MOTION by Ruth Annette Harris to Amend [11-1] intervenor complaint by interlineation referred to: Magistrate Judge H. B. McKnight (former emp) (Entered: 05/19/2000)

May 16, 2000

May 16, 2000

PACER

Case reopened (former emp)

May 17, 2000

May 17, 2000

PACER
37

STIPULATION of dismissal of third-party complaint (former emp) (Entered: 05/22/2000)

May 19, 2000

May 19, 2000

PACER
38

ORDER granting [36-1] motion to Amend [11-1] intervenor complaint by interlineation ( signed by Magistrate Judge H. B. McKnight ) [EOD DATE: 5/25/00] (former emp) (Entered: 05/25/2000)

May 24, 2000

May 24, 2000

PACER
39

AMENDED intervenor's COMPLAINT by Ruth Annette Harris: amending [11-1] intervenor complaint (former emp) (Entered: 07/17/2000)

July 12, 2000

July 12, 2000

PACER
40

ANSWER by Mecklenburg County to [39-1] intervenor complaint by Ruth Annette Harris (former emp) (Entered: 07/28/2000)

July 24, 2000

July 24, 2000

PACER
41

MOTION by Mecklenburg County to Seal motion for summary judgment referred to: Magistrate Judge H. B. McKnight (former emp) (Entered: 10/03/2000)

Sept. 29, 2000

Sept. 29, 2000

PACER
42

Sealed MOTION by Mecklenburg County for Summary Judgment referred to: Magistrate Judge H. B. McKnight (former emp) (Entered: 11/01/2000)

Sept. 29, 2000

Sept. 29, 2000

PACER
43

Sealed MEMORANDUM by Mecklenburg County in support of [42-1] motion for Summary Judgment by Mecklenburg County (former emp) (Entered: 11/01/2000)

Sept. 29, 2000

Sept. 29, 2000

PACER
44

Sealed MEMORANDUM by Mecklenburg County in support of [42-1] motion for Summary Judgment by Mecklenburg County (former emp) (Entered: 11/01/2000)

Oct. 4, 2000

Oct. 4, 2000

PACER
45

MOTION by Ruth Annette Harris to Extend Time until 10/30/00 to respond to motion for summary judgment referred to: Magistrate Judge H. B. McKnight (former emp) (Entered: 10/18/2000)

Oct. 17, 2000

Oct. 17, 2000

PACER
46

ORDER granting [45-1] motion to Extend Time until 10/30/00 to respond to motion for summary judgment, Response to Motion reset to 10/30/00 for [42-1] motion for Summary Judgment ( signed by Magistrate Judge H. B. McKnight ) [EOD DATE: 10/26/00] (former emp) (Entered: 10/26/2000)

Oct. 18, 2000

Oct. 18, 2000

PACER
47

Mecklenburg Countys notification of subsequent case history (former emp) (Entered: 10/30/2000)

Oct. 26, 2000

Oct. 26, 2000

PACER
48

MOTION by Ruth Annette Harris to Seal response and memorandum briefa referred to: Magistrate Judge H. B. McKnight (former emp) (Entered: 11/03/2000)

Oct. 30, 2000

Oct. 30, 2000

PACER
49

*SEALED* RESPONSE by Ruth Annette Harris to [42-1] motion for Summary Judgment by Mecklenburg County (former emp) (Entered: 11/03/2000)

Oct. 30, 2000

Oct. 30, 2000

PACER
50

SEALED DOCUMENT reply to response to motion for summary jgm (former emp) (Entered: 11/09/2000)

Nov. 7, 2000

Nov. 7, 2000

PACER
51

ORDER granting [48-1] motion to Seal response and memorandum briefa ( signed by Magistrate Judge H. B. McKnight ) [EOD DATE: 12/11/00] (former emp) (Entered: 12/11/2000)

Dec. 7, 2000

Dec. 7, 2000

PACER

Deadline updated; reset Calendar Call for 9:29 1/22/01 before Judge Richard L. Voorhees re: (ssh)

Jan. 4, 2001

Jan. 4, 2001

PACER
52

STIPULATION of dismissal by and between parties w/prej (former emp) Modified on 01/18/2001 (Entered: 01/16/2001)

Jan. 10, 2001

Jan. 10, 2001

PACER

Case closed (former emp) Modified on 01/18/2001

Jan. 10, 2001

Jan. 10, 2001

PACER

CASE NO LONGER REFERRED TO Magistrate Judge H. B. McKnight (former emp)

Jan. 18, 2001

Jan. 18, 2001

PACER

Case Details

State / Territory: North Carolina

Case Type(s):

Equal Employment

Special Collection(s):

IWPR/Wage Project Consent Decree Study

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 26, 1999

Closing Date: Jan. 10, 2001

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States on behalf of a female

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

Mecklenburg County (Charlotte, Mecklenburg), County

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

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2000 - 2002

Issues

General:

Disparate Treatment

Discrimination-area:

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Gender:

Female