Case: EEOC v. Britthaven, Inc.

5:12-cv-00818 | U.S. District Court for the Eastern District of North Carolina

Filed Date: Dec. 27, 2012

Closed Date: 2016

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Case Summary

On December 27, 2012, the Equal Employment Opportunity Commission ("EEOC"), on behalf of a female cook diagnosed with breast cancer, filed a lawsuit in the Eastern District Court of North Carolina under the Americans with Disabilities Act of 1990, as amended, ("ADA") and Title I of the Civil Rights Act of 1991 against Britthaven, Inc. The EEOC sought injunctive relief, compensatory damages, punitive damages, and attorneys' fees and costs, claiming that the defendant discriminated against one i…

The employee began working as a full-time cook for the defendant on September 25, 2009 and was diagnosed with breast cancer a few months later. She immediately notified the defendant of her diagnosis and her treatment plan. The employee received chemotherapy treatment until about October 2010, where she underwent surgery related to her breast cancer. She gave the defendant a doctor's note requesting four to six weeks of medical leave for the surgery. The defendant responded it would be glad to have the employee return back to work on December 10, 2010. However, on November 29, 2010, the employee received a call from her supervisor saying she was going to get fired for not coming into work. The employee was given the option of resigning, but when she refused to do so, the defendant terminated her employment.

On January 9, 2014, the District Court (Judge William Earl Britt) issued a consent decree where, among other things, the defendant agreed to pay the employee $50,000.

	Document
5:12-cv-00818	Docket	Jan. 9, 2014	Jan. 9, 2014 Docket
1 5:12-cv-00818	Complaint; Jury Trial Demand	Dec. 27, 2012	Dec. 27, 2012 Complaint
18 5:12-cv-00818	Joint Motion for Entry of Consent Protective Order	May 22, 2013	May 22, 2013 Pleading / Motion / Brief
19 5:12-cv-00818	Order Granting the Parties' Joint Motion for a Protective Order	May 23, 2013	May 23, 2013 Order/Opinion
32 5:12-cv-00818	Consent Decree	Jan. 9, 2014	Jan. 9, 2014 Order/Opinion

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT (service by request for waiver pursuant to F.R.C.P. 4(d)) against All Defendants, filed by U.S. Equal Employment Opportunity Commission. (Mahood, Zoe) (Entered: 12/27/2012)	Dec. 27, 2012	Dec. 27, 2012 RECAP
2	NOTICE by Equal Employment Opportunity Commission regarding 1 Complaint Civil Cover Sheet. (Mahood, Zoe) (Entered: 12/27/2012)	Dec. 27, 2012	Dec. 27, 2012 PACER
3	REQUEST FOR WAIVER of Service sent to Britthaven, Inc. on 12/27/2012 by Equal Employment Opportunity Commission. Waiver of Service due by 2/27/2012. (Mahood, Zoe) (Entered: 12/27/2012)	Dec. 27, 2012	Dec. 27, 2012 PACER
4	REQUEST FOR WAIVER of Service sent to Principle Long Term Care, Inc. on 12/27/2012 by Equal Employment Opportunity Commission. Waiver of Service due by 2/27/2012. (Mahood, Zoe) (Entered: 12/27/2012)	Dec. 27, 2012	Dec. 27, 2012 PACER
5	NOTICE of Appearance by Zoe G. Mahood on behalf of Equal Employment Opportunity Commission. (Mahood, Zoe) (Entered: 12/27/2012)	Dec. 27, 2012	Dec. 27, 2012 PACER
6	WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Principle Long Term Care, Inc. waiver sent on 12/27/2012, answer due 2/25/2013. (Mahood, Zoe) (Entered: 01/29/2013)	Jan. 29, 2013	Jan. 29, 2013 PACER
7	WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Britthaven, Inc. waiver sent on 12/27/2012, answer due 2/25/2013. (Mahood, Zoe) (Entered: 02/08/2013)	Feb. 8, 2013	Feb. 8, 2013 PACER
8	ANSWER to 1 Complaint by Britthaven, Inc., Principle Long Term Care, Inc.. (McGuire, Gregory) (Entered: 02/25/2013)	Feb. 25, 2013	Feb. 25, 2013 PACER
9	NOTICE of Appearance by Gregory P. McGuire on behalf of All Defendants (McGuire, Gregory) (Entered: 02/25/2013)	Feb. 25, 2013	Feb. 25, 2013 PACER
10	ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Julie A. Richards, Clerk of Court on 2/26/2013. (Marsh, K) (Entered: 02/26/2013)	Feb. 26, 2013	Feb. 26, 2013 PACER
11	NOTICE of Appearance by Margaret Susannah Scholz on behalf of All Defendants (Scholz, Margaret) (Entered: 02/27/2013)	Feb. 27, 2013	Feb. 27, 2013 PACER
12	FINANCIAL DISCLOSURE STATEMENT by Equal Employment Opportunity Commission (Mahood, Zoe) (Entered: 03/04/2013)	March 4, 2013	March 4, 2013 PACER
13	FINANCIAL DISCLOSURE STATEMENT by Britthaven, Inc. identifying Corporate Parent Hillco, Ltd. for Britthaven, Inc. (McGuire, Gregory) (Entered: 03/05/2013)	March 5, 2013	March 5, 2013 PACER
14	FINANCIAL DISCLOSURE STATEMENT by Principle Long Term Care, Inc. (McGuire, Gregory) (Entered: 03/05/2013)	March 5, 2013	March 5, 2013 PACER
15	AMENDED ANSWER to 1 Complaint by Britthaven, Inc., Principle Long Term Care, Inc. (McGuire, Gregory) (Entered: 03/08/2013)	March 8, 2013	March 8, 2013 PACER
16	Rule 26(f) Report (joint) by Equal Employment Opportunity Commission. (Mahood, Zoe) (Entered: 03/25/2013)	March 25, 2013	March 25, 2013 PACER
17	SCHEDULING ORDER as to all parties: Discovery due by 8/31/2013. Motions due by 10/1/2013. Signed by Magistrate Judge William A. Webb on 3/26/2013. Counsel should read order in its entirety for critical deadlines and information. Copy of scheduling order to Senior US District Judge W. Earl Britt's chambers with request for trial order. (Marsh, K) (Entered: 03/26/2013)	March 26, 2013	March 26, 2013 PACER
22	ORDER granting 21 Motion to Stay. Signed by Magistrate Judge William A. Webb on 10/1/2013. (Marsh, K)	Oct. 1, 2013	Oct. 1, 2013 RECAP

Case: EEOC v. Britthaven, Inc.

5:12-cv-00818 | U.S. District Court for the Eastern District of North Carolina

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