Case: United States v. University of North Carolina

1:07-cv-00592 | U.S. District Court for the Middle District of North Carolina

Filed Date: Aug. 7, 2007

Closed Date: 2009

Clearinghouse coding complete

Case Summary

On August 7, 2007, the U.S. Department of Justice (DOJ) filed a lawsuit under Title VII of the Civil Rights Act of 1964 against the University of North Carolina in the U.S. District Court for the Middle District of North Carolina. The DOJ alleged that the defendant discriminated against two female employees by subjecting them to sexual harassment. The DOJ sought injunctive relief to enjoin the defendant from failing or refusing to take appropriate nondiscriminatory measures to combat the effect…

On August 7, 2007, the U.S. Department of Justice (DOJ) filed a lawsuit under Title VII of the Civil Rights Act of 1964 against the University of North Carolina in the U.S. District Court for the Middle District of North Carolina. The DOJ alleged that the defendant discriminated against two female employees by subjecting them to sexual harassment. The DOJ sought injunctive relief to enjoin the defendant from failing or refusing to take appropriate nondiscriminatory measures to combat the effects of discrimination, including an effective program to address and prevent sexual harassment; and monetary relief for the two female employees. The DOJ alleged this sexual harassment created a hostile work environment for the female employees.

On August 17, 2007, the two female employees of UNC and its component institution, North Caroline Agricultural and Technical State University (A&T) filed a motion to intervene. On October 1, 2007, the Court (Judge Wallace Dixon) granted the motion to intervene as plaintiff-intervenors, and both plaintiffs filed intervenor complaints. The first intervenor plaintiff alleged she was subjected to sexual harassment by her supervisor, including conditioning her employment on agreeing to his advances and lewd, offensive remarks; and that her employer knew of the harassment, did not take any action and even promoted the supervisor. The second intervenor plaintiff alleged similar facts of sexual harassment, but she also alleged that she was retaliatory discharged after making complaints about the supervisor's conduct. She sought damages for discrimination and retaliation.

On December 27, 2007, the intervenor plaintiffs filed a motion to consolidate the present case with Gloria Adams Smoot v. The University of North Carolina, Case No. 1:07-CV-00812. The plaintiff in that case also alleged sexual harassment on the hands of the same supervisor with knowledge of the employer, and discharge in retaliation. The motion was granted on January 9, 2008 and the cases were consolidated for pre-trial procedures and discovery.

On February 5, 2008, the case was referred to mediation. However, the case settled prior to mediation. On April 28, 2008, the Court (Judge Thomas D. Schroeder) entered a consent decree. The decree applied to both UNC and A&T, and only resolved the dispute with respect to two intervenor plaintiffs.The decree contained two general injunctions: 1) prohibition of discrimination on the basis of sex; 2) prohibition of retaliation. The defendant agreed to modify its anti-discrimination policies and procedures with respect to sexual harassment and hostile work environment in the following ways: 1) clarification of complaints procedures as to what is available, including posting links on their website; 2) ensuring confidentiality of complainants; 3) posting of information in public places; 4) mandatory training on equal employment law, subject to approval by the United States. The defendant agreed to keep records to allow monitoring by the United States. Two intervenor plaintiffs received awards of $29,000 and $26,000 (total of $55,000). The defendant agreed to provide them with neutral references in the future. The Court retained jurisdiction over the decree. The decree was to dissolve after two years from its entry. On May 23, 2008, two intervenor plaintiffs filed a stipulation of dismissal with prejudice.

Summary Authors

Zhandos Kuderin (7/18/2014)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/12469190/parties/united-states-v-the-university-of-north-carolina/


Judge(s)

Dixon, Wallace W. (North Carolina)

Schroeder, Thomas D. (North Carolina)

Attorneys(s) for Plaintiff

Becker, Grace Chung (District of Columbia)

Blutter, Sarah C (District of Columbia)

Fenton, William B. (District of Columbia)

Grant, Elaine J. (District of Columbia)

Kim, Wan J. (District of Columbia)

Lingle, R.J (North Carolina)

Puryear, David (North Carolina)

Smith, Mattie (North Carolina)

Judge(s)

Dixon, Wallace W. (North Carolina)

Schroeder, Thomas D. (North Carolina)

Attorneys(s) for Plaintiff

Becker, Grace Chung (District of Columbia)

Blutter, Sarah C (District of Columbia)

Fenton, William B. (District of Columbia)

Grant, Elaine J. (District of Columbia)

Kim, Wan J. (District of Columbia)

Lingle, R.J (North Carolina)

Puryear, David (North Carolina)

Smith, Mattie (North Carolina)

Tunnage, D W (District of Columbia)

Wagoner, Anna Mills (North Carolina)

Attorneys(s) for Defendant

Cooper, Roy (North Carolina)

Scherer, John P II (North Carolina)

Ziko, Thomas J (North Carolina)

Documents in the Clearinghouse

Document

1:07-cv-00592

Docket [PACER]

May 23, 2008

May 23, 2008

Docket
1

1:07-cv-00592

Complaint

Aug. 7, 2007

Aug. 7, 2007

Complaint
15

1:07-cv-00592

Complaint of Intervenor-Plaintiff Tasha Murray

Oct. 1, 2007

Oct. 1, 2007

Complaint
16

1:07-cv-00592

Complaint of Intervenor-Plaintiff Mattie Smith

Oct. 1, 2007

Oct. 1, 2007

Complaint
33

1:07-cv-00592

Consent Decree Between the United States and the University of North Carolina

April 28, 2008

April 28, 2008

Order/Opinion
34

1:07-cv-00592

Stipulation of Dismissal with Prejudice

May 23, 2008

May 23, 2008

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/12469190/united-states-v-the-university-of-north-carolina/

Last updated July 29, 2022, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT UNITED STATES OF AMERICA against THE UNIVERSITY OF NORTH CAROLINA, filed by UNITED STATES OF AMERICA.(GRANT, ELAINE) (Entered: 08/07/2007)

Aug. 7, 2007

Aug. 7, 2007

Clearinghouse
2

CIVIL COVER SHEET, filed by UNITED STATES OF AMERICA.(GRANT, ELAINE). Modified on 8/7/2007 replaced corrected cover sheet and added attachment (Garrett, Kim). (Entered: 08/07/2007)

Aug. 7, 2007

Aug. 7, 2007

PACER

CASE REFERRED to Standing Order 30 (McClain, Abby)

Aug. 7, 2007

Aug. 7, 2007

PACER
3

NOTICE of Appearance by attorney SARAH C. BLUTTER on behalf of Plaintiff UNITED STATES OF AMERICA (BLUTTER, SARAH) (Entered: 08/08/2007)

Aug. 8, 2007

Aug. 8, 2007

PACER
4

Summons Issued as to THE UNIVERSITY OF NORTH CAROLINA. (McClain, Abby) (Entered: 08/08/2007)

Aug. 8, 2007

Aug. 8, 2007

PACER
5

Notice of Right to Consent. Counsel shall serve the attached form on all parties. (McClain, Abby) (Entered: 08/08/2007)

Aug. 8, 2007

Aug. 8, 2007

PACER
6

REQUEST FOR WAIVER of Service sent to Thomas J. Ziko on August 14, 2007 by UNITED STATES OF AMERICA.Waiver of Service due by 9/13/2007. (BLUTTER, SARAH) (Entered: 08/17/2007)

Aug. 17, 2007

Aug. 17, 2007

PACER
7

WAIVER OF SERVICE Returned Executed by UNITED STATES OF AMERICA. THE UNIVERSITY OF NORTH CAROLINA waiver sent on 8/14/2007, answer due 10/15/2007. (BLUTTER, SARAH) (Entered: 08/17/2007)

Aug. 17, 2007

Aug. 17, 2007

PACER
8

MOTION to Intervene by Tasha Murray, Mattie Smith. Responses due by 9/10/2007. (Attachments: # 1 Appendix Complaint of Intervenor-Plaintiff Tasha Murray# 2 Appendix Complaint of Intervenor-Plaintiff Mattie Smith# 3 Text of Proposed Order)(PURYEAR, DAVID) (Entered: 08/17/2007)

Aug. 17, 2007

Aug. 17, 2007

PACER
9

Brief Of Applicant Intervenor-Plaintiffs In Support of Motion To Intervene BRIEF re 8 MOTION to Intervene. (PURYEAR, DAVID) (Entered: 08/17/2007)

Aug. 17, 2007

Aug. 17, 2007

PACER
10

AFFIDAVIT of Tasha Murray filed by Intervenor Plaintiff Tasha Murray. (PURYEAR, DAVID) (Entered: 08/17/2007)

Aug. 17, 2007

Aug. 17, 2007

PACER
11

AFFIDAVIT of Mattie Smith re 8 MOTION to Intervene filed by Intervenor Plaintiff Mattie Smith. (PURYEAR, DAVID) (Entered: 08/17/2007)

Aug. 17, 2007

Aug. 17, 2007

PACER
12

NOTICE of Appearance by attorney DAVID B. PURYEAR, JR on behalf of Intervenor Plaintiffs Tasha Murray, Mattie Smith (PURYEAR, DAVID) (Entered: 08/17/2007)

Aug. 17, 2007

Aug. 17, 2007

PACER
13

NOTICE of Appearance by attorney THOMAS J. ZIKO on behalf of Defendant THE UNIVERSITY OF NORTH CAROLINA (ZIKO, THOMAS) (Entered: 08/20/2007)

Aug. 20, 2007

Aug. 20, 2007

PACER

***Motions Referred: 8 MOTION to Intervene to Judge WALLACE W. DIXON - (McCarty, Dianne)

Sept. 19, 2007

Sept. 19, 2007

PACER
14

NOTICE of Appearance by attorney JOHN P. SCHERER, II on behalf of Defendant THE UNIVERSITY OF NORTH CAROLINA (SCHERER, JOHN) (Entered: 09/20/2007)

Sept. 20, 2007

Sept. 20, 2007

PACER

ORDER granting 8 Motion to Intervene. The attorneys for the Plaintiff-Intervenors are DIRECTED to file and serve the Intervenors' complaints as the rules require. Signed by Judge WALLACE W. DIXON on 10/1/2007. (DIXON, WALLACE)

Oct. 1, 2007

Oct. 1, 2007

PACER
15

Intervenor COMPLAINT, filed by Tasha Murray.(PURYEAR, DAVID) (Entered: 10/01/2007)

Oct. 1, 2007

Oct. 1, 2007

Clearinghouse
16

Intervenor COMPLAINT, filed by Mattie Smith.(PURYEAR, DAVID) (Entered: 10/01/2007)

Oct. 1, 2007

Oct. 1, 2007

Clearinghouse
17

Summons Issued as to THE UNIVERSITY OF NORTH CAROLINA. (Attachments: # 1 Additional summons)(McClain, Abby) (Entered: 10/02/2007)

Oct. 2, 2007

Oct. 2, 2007

PACER
18

AFFIDAVIT OF SERVICE by Affidavit of Service of Process by Certified Mail as to THE UNIVERSITY OF NORTH CAROLINA served on 10/3/2007, answer due 10/23/2007. (Attachments: # 1 Exhibit Summons# 2 Exhibit Service Transmittal Letter# 3 Exhibit Certified Mail Return Receipt)(PURYEAR, DAVID) (Entered: 10/05/2007)

Oct. 5, 2007

Oct. 5, 2007

PACER
19

Notice to Parties RE: SO30. Responses due by 11/13/2007 (McCarty, Dianne) (Entered: 10/08/2007)

Oct. 8, 2007

Oct. 8, 2007

PACER
20

ANSWER to Complaint with Jury Demand by THE UNIVERSITY OF NORTH CAROLINA. (SCHERER, JOHN) (Entered: 10/15/2007)

Oct. 15, 2007

Oct. 15, 2007

PACER
21

ANSWER to Intervenor Complaint of Intervenor-Plaintiff Tasha Murray by THE UNIVERSITY OF NORTH CAROLINA. (SCHERER, JOHN) (Entered: 10/23/2007)

Oct. 23, 2007

Oct. 23, 2007

PACER
22

ANSWER to Intervenor Complaint of Intervenor-Plaintiff Mattie Smith by THE UNIVERSITY OF NORTH CAROLINA. (SCHERER, JOHN) (Entered: 10/23/2007)

Oct. 23, 2007

Oct. 23, 2007

PACER

Case Reassigned to Judge JAMES A. BEATY, JR. Judge UNASSIGNED no longer assigned to the case. (Powell, Gloria)

Oct. 24, 2007

Oct. 24, 2007

PACER
23

NOTICE of Initial Pretrial Conference Hearing: Initial Pretrial Conference Hearing set for 1/9/2008 09:30 AM in Durham Courtroom #1 before MAG/JUDGE WALLACE W. DIXON. (Williamson, Wanda) (Entered: 11/29/2007)

Nov. 29, 2007

Nov. 29, 2007

PACER
24

Rule 26(f) Report (Joint) filed by all parties by UNITED STATES OF AMERICA.(BLUTTER, SARAH) (Entered: 12/27/2007)

Dec. 27, 2007

Dec. 27, 2007

PACER
25

MOTION to Consolidate Cases. Case to be consolidated with 1:07-cv-00812 by TASHA MURRAY, MATTIE SMITH. Responses due by 1/19/2008 (PURYEAR, DAVID) (Entered: 12/27/2007)

Dec. 27, 2007

Dec. 27, 2007

PACER
26

BRIEF re 25 MOTION to Consolidate Cases. Case to be consolidated with 1:07-cv-00812. (Attachments: # 1 Supplement Brief In Support Of Unopposed Motion To Consolidate, No. 1:07-cv-00812)(PURYEAR, DAVID) (Entered: 12/27/2007)

Dec. 27, 2007

Dec. 27, 2007

PACER

***Motions Referred: 24 Rule 26(f) Report (Joint) filed by all parties to MAG/JUDGE WALLACE W. DIXON. (Williamson, Wanda)

Dec. 28, 2007

Dec. 28, 2007

PACER

ORDER approving 24 RULE 26F REPORT (JOINT). Signed by MAG/JUDGE WALLACE W. DIXON on 1/2/2008. All discovery, including general and expert, shall be completed by August 29, 2008. Plaintiff can request leave to join additional parties or amend pleadings until March 1, 2008. Defendant can request leave to join additional parties or amend pleadings until April 1, 2008. Case-management track is established as complex. Mediator shall be Jonathan R. Harkavy. Trial of this case is expected to take approximately 4-5 days. A jury trial has been demanded. (DIXON, WALLACE) Modified on 1/3/2008 to supplement text (Law, Trina).

Jan. 2, 2008

Jan. 2, 2008

PACER

Set Scheduling Order Deadlines: Amended Pleadings by Plaintiff due by 3/1/2008. Amended Pleadings by Defendant due by 04/1/2008. Joinder of Parties by Plaintiff due by 3/1/2008. Joinder of Parties by Defendant due by 04/1/2008. Discovery due by 8/29/2008. (Law, Trina)

Jan. 3, 2008

Jan. 3, 2008

PACER

***Motions Referred: 25 MOTION to Consolidate Cases. Case to be consolidated with 1:07-cv-00812 to MAG/JUDGE WALLACE W. DIXON. (Williamson, Wanda)

Jan. 3, 2008

Jan. 3, 2008

PACER
27

ORDER signed by MAG/JUDGE WALLACE W. DIXON on 01/09/08, granting 25 Motion to Consolidate Cases, that the motions of Tasha Murray, Mattie Smith and Gloria Adams Smoot to consolidate these actions, for purposes of pretrial discovery and motion proceedings, and mediation, shall be and HEREBY IS GRANTED. For ease of administration of these cases, all filings henceforth must contain the double caption as on this order with case number 07CV592 being the lead case, and all filings in the two cases will be maintained by the clerk in case number 07CV592. (Law, Trina) (Entered: 01/09/2008)

Jan. 9, 2008

Jan. 9, 2008

PACER
28

Joint MOTION for Protective Order by UNITED STATES OF AMERICA. Responses due by 2/6/2008. (Attachments: # 1 Stipulated Protective Order)(BLUTTER, SARAH) (Entered: 01/14/2008)

Jan. 14, 2008

Jan. 14, 2008

PACER

***Motions Referred: 28 Joint MOTION for Protective Order to MAG/JUDGE WALLACE W. DIXON. (Kemp, Donita)

Jan. 16, 2008

Jan. 16, 2008

PACER
29

STIPULATED PROTECTIVE ORDER Re: confidential information as set out; Signed by MAG/JUDGE WALLACE W. DIXON on 01/16/08. (Law, Trina) (Entered: 01/16/2008)

Jan. 16, 2008

Jan. 16, 2008

PACER

Case Reassigned to JUDGE TOM SCHROEDER. CHIEF JUDGE JAMES A. BEATY, JR. no longer assigned to the case. (Powell, Gloria)

Jan. 24, 2008

Jan. 24, 2008

PACER

CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. (Gammon, Cheryl)

Feb. 5, 2008

Feb. 5, 2008

PACER

MEDIATION SCHEDULING ORDER; Mediation due by 6/29/2008. (Gammon, Cheryl)

Feb. 6, 2008

Feb. 6, 2008

PACER
30

ORDER Appointing JONATHAN R. HARKAVY as the mediator pursuant to LR 83.9d(a). Signed by John S. Brubaker, Clerk of Court. (Gammon, Cheryl) (Entered: 02/06/2008)

Feb. 6, 2008

Feb. 6, 2008

PACER
31

NOTICE of Hearing: Jury Trial set for 4/6/2009 09:30 AM in Unassigned Courtroom. Trial brief due 3/17/2009 (McCarty, Dianne) (Entered: 03/12/2008)

March 12, 2008

March 12, 2008

PACER
32

Joint MOTION for Entry of Consent Decree by UNITED STATES OF AMERICA. Responses due by 4/23/2008. (Attachments: # 1 Consent Decree Between the United States and the University of North Carolina, # 2 Order of Approval)(GRANT, ELAINE) (Entered: 03/31/2008)

March 31, 2008

March 31, 2008

PACER

***Motions Submitted: 32 Joint MOTION for Entry of Consent Decree to JUDGE THOMAS D. SCHROEDER- (Powell, Gloria)

April 4, 2008

April 4, 2008

PACER

Case Reported Settled Prior to Mediation (Gammon, Cheryl)

April 14, 2008

April 14, 2008

PACER

NOTICE of Docket Text/Event Modification on 4/17/2008; the previous docket entry re: Stipulation of Dismissal due was inadvertently docketed and has been removed from the docket. (Gammon, Cheryl)

April 17, 2008

April 17, 2008

PACER
33

CONSENT DECREE BETWEEN THE UNITED STATES AND THE UNIVERSITY OF NORTH CAROLINA signed by JUDGE THOMAS D. SCHROEDER on 04/28/08, as set out; (Law, Trina) (Entered: 04/28/2008)

April 28, 2008

April 28, 2008

Clearinghouse
34

STIPULATION of Dismissal of University of North Carolina by TASHA MURRAY, MATTIE SMITH. (PURYEAR, DAVID) (Entered: 05/23/2008)

May 23, 2008

May 23, 2008

PACER

Case Details

State / Territory: North Carolina

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 7, 2007

Closing Date: 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States government on behalf of two female police officers in employment of University of North Carolina

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

University of North Carolina, State

Defendant Type(s):

College/University

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

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: $55,000.00

Order Duration: 2007 - 2009

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Implement complaint/dispute resolution process

Monitoring

Neutral/Positive Reference

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Recordkeeping

Reporting

Retaliation Prohibition

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Gender:

Female