Case: EEOC v. Bright Petroleum Inc.

4:13-cv-00205 | U.S. District Court for the Southern District of Indiana

Filed Date: Dec. 23, 2013

Closed Date: Dec. 19, 2017

Clearinghouse coding complete

Case Summary

On December 23, 2013, the Indianapolis District Office of the Equal Employment Opportunity Commission filed this lawsuit in the U.S. District Court for the Southern District of Indiana. The plaintiffs sued Bright Petroleum under Title VII of 42 U.S.C §2000e. The plaintiffs alleged Bright Petroleum subjected a female employee to unwarranted scrutiny and discipline and discharged her because she filed and maintained a charge of sex discrimination with the EEOC. The EEOC asked the court for a perm…

On December 23, 2013, the Indianapolis District Office of the Equal Employment Opportunity Commission filed this lawsuit in the U.S. District Court for the Southern District of Indiana. The plaintiffs sued Bright Petroleum under Title VII of 42 U.S.C §2000e. The plaintiffs alleged Bright Petroleum subjected a female employee to unwarranted scrutiny and discipline and discharged her because she filed and maintained a charge of sex discrimination with the EEOC. The EEOC asked the court for a permanent injunction enjoining Bright Petroleum from engaging in retaliatory practices or any other employment discrimination practices; an order for Bright Petroleum to institute and carry out policies, practices, and programs which provide equal employment opportunities; an order for Bright Petroleum to compensate a discharged employee; and punitive damages.

Bright Petroleum answered the complaint on March 6, 2014 and the EEOC moved to strike insufficiently pleaded defenses on March 12, 2014.

On December 19, 2014, Judge Sarah Evans Barker entered a consent decree. The consent decree stipulated that any business owned, managed, or operated by the owners of Bright Petroleum were permanently enjoined from discriminating or retaliating against any person because of opposition to any practice made unlawful under Title VII, because such person files a charge of discrimination alleging an unlawful employment action, or because such person participates in any manner in any investigation, proceeding, or hearing under Title VII. Bright Petroleum paid the plaintiff $15,000 in compensatory and punitive damages. The consent decree further required Bright Petroleum to write plaintiff a recommendation letter, modify plaintiff’s personnel file to remove reference to this suit, and to not reference plaintiff’s termination, charge of discrimination, or participation in the suit if contacted for references, a provision that survives the expiration of the decree. The court retained jurisdiction of the case for the three years of its term. This case is presumably closed because as of March 2019, no further docket activity has occurred.

Summary Authors

Kowa Takata (9/25/2014)

Erica Becker (3/20/2019)

People


Judge(s)

Barker, Sarah Evans (Indiana)

Hussmann, William G. Jr. (Indiana)

Attorneys(s) for Plaintiff

Edmonds, Nancy Dean (Indiana)

Eisele, Michelle (Indiana)

McFerren, Aimee Lynn (Kentucky)

Young, Laurie A (Indiana)

Attorneys(s) for Defendant

Watson, John H. (Indiana)

Judge(s)

Barker, Sarah Evans (Indiana)

Hussmann, William G. Jr. (Indiana)

Attorneys(s) for Plaintiff

Edmonds, Nancy Dean (Indiana)

Eisele, Michelle (Indiana)

McFerren, Aimee Lynn (Kentucky)

Young, Laurie A (Indiana)

Attorneys(s) for Defendant

Watson, John H. (Indiana)

Documents in the Clearinghouse

Document

Docket [PACER]

Dec. 19, 2014 Docket
1

Complaint

Dec. 23, 2013 Complaint

Bright Petroleum Inc. Sued by EEOC for Retaliation

EEOC v. Bright Petroleum Inc

No Court

Dec. 24, 2013 Press Release
38

Consent Decree

2014 WL 7692716

Dec. 19, 2014 Order/Opinion

Docket

Last updated May 12, 2022

ECF Number Description Date Link
1

COMPLAINT against BRIGHT PETROLEUM INC., filed by U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (No fee paid with this filing) (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons)(Edmonds, Nancy) Modified docket text on 12/23/2013 (JD). (Entered: 12/23/2013)

Dec. 23, 2013
2

Summons Issued as to BRIGHT PETROLEUM INC. (JLM) (Entered: 12/26/2013)

Dec. 26, 2013
3

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JLM) (Entered: 12/26/2013)

Dec. 26, 2013
4

NOTICE of Appearance by Nancy Dean Edmonds on behalf of Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Edmonds, Nancy) (Entered: 12/30/2013)

Dec. 30, 2013
5

NOTICE of Appearance by Michelle Eisele on behalf of Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Eisele, Michelle) (Entered: 01/13/2014)

Jan. 13, 2014
6

NOTICE of Appearance by Laurie A. Young on behalf of Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Young, Laurie) (Entered: 01/14/2014)

Jan. 14, 2014
7

***STRICKEN PER DOC #8*** AFFIDAVIT of Service for Summons and Complaint served on Jeffrey Tucker on 01/16/2014, filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Edmonds, Nancy) Modified on 1/24/2014 (JLM). (Entered: 01/22/2014)

Jan. 22, 2014
8

ENTRY STRIKING FILING 7 − Plaintiff is granted leave to properly re−file the subject document. Signed by Judge Sarah Evans Barker on 1/23/2014.(JLM) (Entered: 01/24/2014)

Jan. 23, 2014
9

RETURN of Service, filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. BRIGHT PETROLEUM, INC. c/o Jeffrey Tucker served on 1/16/2014. (Attachments: # 1 Exhibit # 1, Executed Summons, # 2 Exhibit # 2, Certified Mail Green Card)(Edmonds, Nancy) Modified on 1/27/2014 to indicate proper party served (JLM). (Entered: 01/24/2014)

Jan. 24, 2014
10

NOTICE of Appearance by John H. Watson on behalf of Defendant BRIGHT PETROLEUM INC. (Attachments: # 1 Envelope) (LBT) (Entered: 02/11/2014)

Feb. 10, 2014
11

MOTION for Extension of Time to 3/1/2014 in which to Answer, Move or Otherwise Plea re 1 Complaint, filed by Defendant BRIGHT PETROLEUM INC. (Attachments: # 1 Text of Proposed Order, # 2 Envelope)(LBT) (Entered: 02/11/2014)

Feb. 10, 2014
12

ORDER granting 11 Motion for Extension of Time to 3/1/2014 for Defendant to answer, move or otherwise plea. Signed by Magistrate Judge William G. Hussmann, Jr on 2/13/2014 (copy mailed to Atty Watson). (LBT) (Entered: 02/13/2014)

Feb. 13, 2014
13

ANSWER to 1 Complaint, filed by BRIGHT PETROLEUM INC.(JLM) (Additional attachment(s) added on 3/6/2014: # 1 Envelope) (JLM). (Entered: 03/06/2014)

March 6, 2014
14

Mail Returned as undeliverable. 12 Order on Motion for Extension of Time to File sent to Atty John H. Watson for BRIGHT PETROLEUM INC. **Document resent to correct address** (LBT) (Entered: 03/10/2014)

March 10, 2014
15

NOTICE of Appearance by Aimee Lynn McFerren on behalf of Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (McFerren, Aimee) (Entered: 03/11/2014)

March 11, 2014
17

BRIEF/MEMORANDUM in Support re 16 MOTION to Strike Insufficiently Pleaded Defenses , filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Edmonds, Nancy) (Entered: 03/12/2014)

March 12, 2014
18

Mail Returned as undeliverable. 13 Answer to Complaint sent to Attorney John H. Watson for BRIGHT PETROLEUM INC. **Document resent to correct address.** (JLM) Modified on 3/18/2014 (JLM). (Entered: 03/17/2014)

March 17, 2014
19

EEOC's CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION . (Edmonds, Nancy) (Entered: 03/24/2014)

March 24, 2014
20

ORDER: CASE MANAGEMENT PLAN APPROVED AS SUBMITTED. This matter is set for trial by jury during the month of May, 2015, before the Hon. Sarah Evans Barker. The Court will allot 3 days for this trial. Dispositive Motions due by 10/15/2014. Settlement Conference set for 9/8/2014 at 10:00 AM, New Albany time (EDT), in room #228, United States Courthouse, 121 W. Spring Street, New Albany, Indiana before Magistrate Judge William G. Hussmann Jr. Signed by Magistrate Judge William G. Hussmann, Jr on 4/3/2014.(LBT) (Entered: 04/03/2014)

April 3, 2014
21

NOTICE to File Corporate Disclosure Statement to BRIGHT PETROLEUM INC.. (LAB) (JLM) (Entered: 04/16/2014)

April 16, 2014
22

MOTION for Extension of Time to 07/23/2014 in which to 20 Order: Case ManagementScheduling Order Deadline to Amend Pleadings , filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Text of Proposed Order)(Edmonds, Nancy) (Entered: 05/05/2014)

May 5, 2014
23

SCHEDULING ENTRY: Final Pretrial Conference set for 4/21/2015 at 2:00 PM in room #216, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Sarah Evans Barker. PLEASE NOTE THE INDIANAPOLIS LOCATION OF THE FINAL PRETRIAL CONFERENCE. Jury Trial set for 5/4/2015 at 9:30 AM in room #200, United States Courthouse, 121 W. Spring Street, New Albany, Indiana before Judge Sarah Evans Barker.(LBT) (Entered: 05/05/2014)

May 5, 2014
24

ORDER granting 22 Motion for Extension of Time. The deadline for motions for leave to amend the pleadings and/or join additional parties is extended from 5/23/2014 to 7/23/2014. Signed by Magistrate Judge William G. Hussmann, Jr on 5/7/2014 (copy mailed to atty John Watson). (LBT) (Entered: 05/08/2014)

May 7, 2014
25

Exhibit List Preliminary Exhibit List , filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (McFerren, Aimee) (Entered: 05/23/2014)

May 23, 2014
26

Witness List Preliminary Witness List , filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (McFerren, Aimee) (Entered: 05/23/2014)

May 23, 2014
27

MOTION for Extension of Time to 09/23/2014 to Amend Pleadings , filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Text of Proposed Order)(Edmonds, Nancy) (Entered: 07/16/2014)

July 16, 2014
28

ORDER granting 27 EEOC's Motion to Further Extend Deadline to Amend Pleadings − The deadline for motions for leave to amend the pleadings and/or join additional parties is extended from 7/23/2014 to 9/23/2014. Signed by Magistrate Judge William G. Hussmann, Jr on 7/21/2014. (JLM) (Entered: 07/21/2014)

July 21, 2014
29

MINUTE ORDER for proceedings held before Magistrate Judge William G. Hussmann, Jr. Settlement Conference held on 9/8/2014. See order for particulars of matters discussed during conference. Telephonic Status Conference set for 10/16/2014 at 12:00 PM New Albany, IN time (EDT) before Magistrate Judge William G. Hussmann Jr. Signed by Magistrate Judge William G. Hussmann, Jr. (AH) (Entered: 09/17/2014)

Sept. 17, 2014
33

Unopposed MOTION for Continuance Reschedule Status Conference , MOTION for Extension of Time to n/a , filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Text of Proposed Order)(Edmonds, Nancy) (Entered: 10/24/2014)

Oct. 24, 2014
34

ORDER granting 33 EEOC's Motion to Reschedule Status Conference. The telephonic satus conference previously scheduled for 1/5/2015 is rescheduled to 1/12/2015, at 1:30 PM (EST) before Magistrate Judge William G. Hussmann Jr. Signed by Magistrate Judge William G. Hussmann, Jr on 10/28/2014.(JLM) (Entered: 10/28/2014)

Oct. 28, 2014
35

Unopposed MOTION for Extension of Time to 01/16/2015 to Amend Pleadings/Add Parties , filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Text of Proposed Order)(Edmonds, Nancy) (Entered: 11/21/2014)

Nov. 21, 2014
36

ORDER granting 35 Unopposed Motion to Further Extend Deadline to Amend Pleadings: The deadline for motions for leave to amend the pleadings and/or join additional parties is extended from 11/30/2014 to 1/16/2015. Signed by Magistrate Judge William G. Hussmann, Jr on 11/26/2014. (JLM) (Entered: 11/26/2014)

Nov. 26, 2014
37

Joint MOTION For Entry of Consent Decree , filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Text of Proposed Order Consent Decree)(Edmonds, Nancy) (Entered: 12/17/2014)

Dec. 17, 2014
38

CLOSED − CONSENT DECREE entered. Signed by Judge Sarah Evans Barker on 12/19/2014.(LBT) (Entered: 12/19/2014)

Dec. 19, 2014

State / Territory: Indiana

Case Type(s):

Equal Employment

Key Dates

Filing Date: Dec. 23, 2013

Closing Date: Dec. 19, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of a worker.

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Bright Petroleum Inc., Private Entity/Person

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: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $15,000

Order Duration: 2014 - 2017

Issues

General:

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Discipline

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits