Case: Equal Employment Opportunity Commission v. Signal International, LLC

2:12-cv-00557 | U.S. District Court for the Eastern District of Louisiana

Filed Date: April 20, 2011

Closed Date: Dec. 29, 2016

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Case Summary

This is the second case filed in the Signal International cases.On Apr. 20, 2011, the Equal Employment Opportunity Commission (EEOC) filed suit against defendant Signal International, LLC, in the U.S. District Court for the Southern District of Mississippi. The EEOC alleged violations of Title VII of the Civil Rights Act of 1964. The EEOC's allegations of unlawful employment practices and a hostile workplace on the basis of national origin, immigration status, and race stem from a related case,…

This is the second case filed in the Signal International cases.

On Apr. 20, 2011, the Equal Employment Opportunity Commission (EEOC) filed suit against defendant Signal International, LLC, in the U.S. District Court for the Southern District of Mississippi. The EEOC alleged violations of Title VII of the Civil Rights Act of 1964. The EEOC's allegations of unlawful employment practices and a hostile workplace on the basis of national origin, immigration status, and race stem from a related case, David v. Signal International, brought against Signal by the guestworkers themselves.

The EEOC alleged that the terms and conditions of the Indian guestworkers' employment were less favorable than their non-Indian counterparts', and that Signal engaged in a pattern or practice of subjecting the Indian workers to a hostile environment and disparate terms and conditions of employment based on their race and national origin. The EEOC sought injunctive relief and monetary awards, including damages for emotional pain and suffering, punitive damages for malicious and reckless conduct, and attorneys' fees.

On Jan. 24, 2012, the Court (Magistrate Judge Robert Walker) granted a motion to intervene by three private plaintiffs who had been subjected to the allegedly unlawful treatment. The plaintiffs then filed a class action complaint, defining the proposed class as "all Indian Workers who paid recruitment fees and/or other amounts to the Recruiters, and who were employed by Signal at any time in 2006, 2007, and/or 2008."

On Feb. 29, 2012, the Court (Chief U.S. District Judge Louis Guirola) granted Signal's motion to transfer the case to the Eastern District of Louisiana on the grounds that this case and David arose from the same conduct, and that the substantive issues and the parties were similar. District Judge Jay Zainey of the Eastern District of Louisiana then denied Signal's motion to consolidate the cases, noting that since the EEOC was a party to this case, it was statutorily entitled to expedited consideration.

On Sept. 10, 2013, Magistrate Judge Daniel Knowles granted the EEOC's motion for a protective order for information related to the immigration history or status of individuals involved in the case. Signal argued it needed the information for impeachment purposes; the court noted that it had already rejected this argument in the David case, and once again barred discovery on the matter.

On Sept. 26, 2013, the Court dismissed the Intervenors' (guestworkers') claim for recovery of recruitment fees. The alleged discriminatory conduct in connection with the recruitment related only to events that occurred outside of the United States and before the Intervenors began to work at Signal's facilities, and the court found that Congress intended to exclude non-citizens located outside the United States from the protection of Title VII. As such, the Intervenors were not covered when they paid the recruitment fee because they were non-citizens and were not working within the United States at the time.

On July 12, 2014, the U.S. Judicial Panel on Multidistrict Litigation denied Signal's motion to transfer all of the cases pending against it to the Eastern District of Louisiana.

On Oct. 14, 2014, the Court denied Signal's motion for interlocutory appeal of the Court's prohibition of discovery on plaintiffs' post-Signal information including immigration status.

Although the Court set a trial date of June 1, 2015, on May 7, 2015, the trial was delayed indefinitely until an appeal on a separate EEOC case, EEOC v. Bass Pro Outdoor World, LLC, could be resolved. Shortly after, on July 12, 2015, Signal filed Chapter 11 bankruptcy, putting a further halt on the case proceedings.

In Dec. 2015, the EEOC announced that the parties had reached a settlement for all cases, approved by the bankruptcy court. Signal would pay $5 million to 476 guestworkers through a claims process. All aggrieved individuals included in the litigation could receive relief in spite of the bankruptcy proceedings. Signal's CEO also issued an apology for its conduct.

	Document
2:12-cv-00557	Docket Equal Employment Opportunity Commission v. Signal International LLC	Feb. 26, 2015	Feb. 26, 2015 Docket
2:12-cv-00557	Docket [PACER]	Dec. 29, 2016	Dec. 29, 2016 Docket
1 2:12-cv-00557	Nature of the Action U.S. District Court for the Southern District of Mississippi	April 20, 2011	April 20, 2011 Complaint
44 2:12-cv-00557	Order Granting Motion to Intervene U.S. District Court for the Southern District of Mississippi	Jan. 24, 2012	Jan. 24, 2012 Order/Opinion
45 2:12-cv-00557	Class Complaint in Intervention U.S. District Court for the Southern District of Mississippi	Feb. 3, 2012	Feb. 3, 2012 Complaint
52 2:12-cv-00557	Order Granting Motion to Transfer Equal Employment opportunity Commission v. Signal International, LLC U.S. District Court for the Southern District of Mississippi	Feb. 29, 2012	Feb. 29, 2012 Order/Opinion
93 2:12-cv-00557	Order	April 2, 2012	April 2, 2012 Order/Opinion
153 2:12-cv-00557	First Amended Complaint	Aug. 2, 2012	Aug. 2, 2012 Complaint
179 2:12-cv-00557	Proposed First Amended Complaint in Intervention	Oct. 15, 2012	Oct. 15, 2012 Complaint
194 2:12-cv-00557	Order and Reasons	May 20, 2013	May 20, 2013 Order/Opinion

Title	Description		External URL Date / External URL
These Guestworkers Just Won $20 Million Back From the Company That Trafficked Them [The Nation] Chen, Michelle	They came from India to repair the Gulf Coast after hurricanes Katrina and Rita, and were repaid with months of abuse. On Katrina’s 10th anniversary, both the workers and their bosses are finally get…	Oct. 2, 2015	Oct. 2, 2015 https://www.thenation.com/...
Signal International, LLC to Pay $5 Million to Settle EEOC Race, National Origin Lawsuit Equal Employment Opportunity Commission (EEOC)	BIRMINGHAM, Ala. - Signal International, LLC, a Mobile, Ala. ship building and repair company, will pay an estimated $5 million to 476 Indian guest workers to settle a race and national origin discri…	Dec. 18, 2015	Dec. 18, 2015 https://www.eeoc.gov/...
Signal International Lawsuits Southern Poverty Law Center (SPLC)	SPLC complaint in David v. Signal International, LLC (Filed 03/10/2008) The SPLC filed suit on behalf of guest workers from India who were defrauded and exploited in a labor tra…	April 20, 2011	April 20, 2011 https://www.splcenter.org/...
Signal International Apologizes to Hundreds of Exploited Indian Guest Workers Southern Poverty Law Center (SPLC)	The SPLC’s $14 million verdict against the company this year led to a settlement of 11 remaining suits. A marine services company that reached a $20 million settlement agreement earlie…	Sept. 29, 2015	Sept. 29, 2015 https://www.splcenter.org/...

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT with Jury Demand against Signal International, LLC, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(avm) [Transferred from mssd on 3/1/2012.] (Entered: 04/20/2011) 1 Civil Cover Sheet View on PACER	April 20, 2011	April 20, 2011 PACER
2	MOTION to Intervene by Sabulal Vijayan, Jacob Joseph Kadakkarappally, Kurian David (Attachments: # 1 Exhibit A: Vijayan and Kadakkarappally EEOC Cause Determinations, # 2 Exhibit Proposed Class Complaint in Intervention)(Bedi, Sheila) [Transferred from mssd on 3/1/2012.] (Entered: 05/06/2011) 1 Exhibit A: Vijayan and Kadakkarappally EEOC Cause Determinations View on PACER 2 Exhibit Proposed Class Complaint in Intervention View on PACER	May 6, 2011	May 6, 2011 PACER
3	MEMORANDUM in Support re 2 MOTION to Intervene filed by Kurian David, Jacob Joseph Kadakkarappally, Sabulal Vijayan (Bedi, Sheila) [Transferred from mssd on 3/1/2012.] (Entered: 05/06/2011)	May 6, 2011	May 6, 2011 PACER
4	MOTION for Daniel Werner to Appear Pro Hac Vice by Kurian David, Jacob Joseph Kadakkarappally, Sabulal Vijayan (Attachments: # 1 Exhibit Certificates of Good Standing (GA and NY))(Bedi, Sheila) [Transferred from mssd on 3/1/2012.] (Entered: 05/06/2011) 1 Exhibit Certificates of Good Standing (GA and NY) View on PACER	May 6, 2011	May 6, 2011 PACER
5	MOTION for Naomi Tsu to Appear Pro Hac Vice by Kurian David, Jacob Joseph Kadakkarappally, Sabulal Vijayan (Attachments: # 1 Exhibit Certificates of Good Standing (GA and CA))(Bedi, Sheila) [Transferred from mssd on 3/1/2012.] (Entered: 05/06/2011) 1 Exhibit Certificates of Good Standing (GA and CA) View on PACER	May 6, 2011	May 6, 2011 PACER
6	MOTION for Thomas P. Fritzsche to Appear Pro Hac Vice by Kurian David, Jacob Joseph Kadakkarappally, Sabulal Vijayan (Attachments: # 1 Exhibit Certificate of Good Standing (GA))(Bedi, Sheila) [Transferred from mssd on 3/1/2012.] (Entered: 05/06/2011) 1 Exhibit Certificate of Good Standing (GA) View on PACER	May 6, 2011	May 6, 2011 PACER
7	MOTION for Alan B. Howard to Appear Pro Hac Vice by Kurian David, Jacob Joseph Kadakkarappally, Sabulal Vijayan (Attachments: # 1 Exhibit Certificate of Good Standing (NY))(Bedi, Sheila) [Transferred from mssd on 3/1/2012.] (Entered: 05/06/2011) 1 Exhibit Certificate of Good Standing (NY) View on PACER	May 6, 2011	May 6, 2011 PACER
8	MOTION for Hugh D. Sandler to Appear Pro Hac Vice by Kurian David, Jacob Joseph Kadakkarappally, Sabulal Vijayan (Attachments: # 1 Exhibit Certificate of Good Standing (NY))(Bedi, Sheila) [Transferred from mssd on 3/1/2012.] (Entered: 05/06/2011) 1 Exhibit Certificate of Good Standing (NY) View on PACER	May 6, 2011	May 6, 2011 PACER
9	MOTION for Joseph R. Bjarnson to Appear Pro Hac Vice by Kurian David, Jacob Joseph Kadakkarappally, Sabulal Vijayan (Attachments: # 1 Exhibit Certificate of Good Standing (NY))(Bedi, Sheila) [Transferred from mssd on 3/1/2012.] (Entered: 05/06/2011) 1 Exhibit Certificate of Good Standing (NY) View on PACER	May 6, 2011	May 6, 2011 PACER
10	MOTION for Chandra S. Bhatnagar to Appear Pro Hac Vice by Kurian David, Jacob Joseph Kadakkarappally, Sabulal Vijayan (Attachments: # 1 Exhibit Certificate of Good Standing (NY))(Bedi, Sheila) [Transferred from mssd on 3/1/2012.] (Entered: 05/06/2011) 1 Exhibit Certificate of Good Standing (NY) View on PACER	May 6, 2011	May 6, 2011 PACER
11	MOTION for Ivy Suriyopas to Appear Pro Hac Vice by Kurian David, Jacob Joseph Kadakkarappally, Sabulal Vijayan (Attachments: # 1 Exhibit Certificate of Good Standing (NY))(Bedi, Sheila) [Transferred from mssd on 3/1/2012.] (Entered: 05/06/2011) 1 Exhibit Certificate of Good Standing (NY) View on PACER	May 6, 2011	May 6, 2011 PACER
12	ORDER granting 4 Motion to Appear Pro Hac Vice; granting 5 Motion to Appear Pro Hac Vice; granting 6 Motion to Appear Pro Hac Vice; granting 7 Motion to Appear Pro Hac Vice; granting 8 Motion to Appear Pro Hac Vice; granting 9 Motion to Appear Pro Hac Vice; granting 10 Motion to Appear Pro Hac Vice; granting 11 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Robert H. Walker on May 9, 2011 (King, Steve) [Transferred from mssd on 3/1/2012.] (Entered: 05/09/2011)	May 9, 2011	May 9, 2011 PACER
13	NOTICE of Appearance by Charles E. Guerrier on behalf of Equal Employment Opportunity Commission (Guerrier, Charles) [Transferred from mssd on 3/1/2012.] (Entered: 05/19/2011)	May 19, 2011	May 19, 2011 PACER
14	MEMORANDUM in Opposition re 2 MOTION to Intervene filed by Signal International, LLC (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Ungar, Hal) [Transferred from mssd on 3/1/2012.] (Entered: 05/24/2011) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER	May 24, 2011	May 24, 2011 PACER
15	NOTICE of Mailing of Waiver of Service to Defendant by Equal Employment Opportunity Commission (Murray, Steven) [Transferred from mssd on 3/1/2012.] (Entered: 05/25/2011)	May 25, 2011	May 25, 2011 PACER
16	NOTICE of Appearance by Anica Clarissa Conner on behalf of Equal Employment Opportunity Commission (Conner, Anica) [Transferred from mssd on 3/1/2012.] (Entered: 05/25/2011)	May 25, 2011	May 25, 2011 PACER
17	REQUEST FOR WAIVER of Service sent to Signal International, c/o CT Corporation System, 645 Lakeland East Drive, Suite 101, Flowood, MS 39232 on May 20, 2011 by Equal Employment Opportunity Commission. Waiver of Service due by 6/22/2011 (Attachments: # 1 Exhibit Ex. A, pp. 1-3)(Murray, Steven) [Transferred from mssd on 3/1/2012.] (Entered: 05/26/2011) 1 Exhibit Ex. A, pp. 1-3 View on PACER	May 26, 2011	May 26, 2011 PACER
18	NOTICE of Appearance by Hal D. Ungar on behalf of Signal International, LLC (Ungar, Hal) [Transferred from mssd on 3/1/2012.] (Entered: 05/26/2011)	May 26, 2011	May 26, 2011 PACER
19	Consent MOTION for Extension of Time to File Response/Reply as to 2 MOTION to Intervene by Kurian David, Jacob Joseph Kadakkarappally, Sabulal Vijayan (Attachments: # 1 Proposed Order)(Werner - PHV, Daniel) [Transferred from mssd on 3/1/2012.] (Entered: 05/26/2011) 1 Proposed Order View on PACER	May 26, 2011	May 26, 2011 PACER
20	NOTICE of Appearance by Julie Steptoe Bean on behalf of Equal Employment Opportunity Commission (Bean, Julie) [Transferred from mssd on 3/1/2012.] (Entered: 05/27/2011)	May 27, 2011	May 27, 2011 PACER
21	NOTICE of Filing of Return of Service by Kurian David, Jacob Joseph Kadakkarappally, Sabulal Vijayan (Fritzsche - PHV, Thomas) [Transferred from mssd on 3/1/2012.] (Entered: 06/10/2011)	June 10, 2011	June 10, 2011 PACER
22	Rebuttal re 14 Memorandum in Opposition to Motion, 2 MOTION to Intervene filed by Kurian David, Jacob Joseph Kadakkarappally, Sabulal Vijayan (Fritzsche - PHV, Thomas) [Transferred from mssd on 3/1/2012.] (Entered: 06/14/2011)	June 14, 2011	June 14, 2011 PACER
23	WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Signal International, LLC waiver sent on 5/20/2011, answer due 7/19/2011. (Murray, Steven) [Transferred from mssd on 3/1/2012.] (Entered: 07/10/2011)	July 10, 2011	July 10, 2011 PACER
24	MOTION for More Definite Statement Under Rule 12(e) by Signal International, LLC (Attachments: # 1 Memorandum in Support)(Ungar, Hal) [Transferred from mssd on 3/1/2012.] (Entered: 07/19/2011) 1 Memorandum in Support View on PACER	July 19, 2011	July 19, 2011 PACER
25	MEMORANDUM IN SUPPORT re 24 MOTION for More Definite Statement Under Rule 12(e) filed by Signal International, LLC (Ungar, Hal) [Transferred from mssd on 3/1/2012.] (Entered: 07/20/2011)	July 20, 2011	July 20, 2011 PACER
26	MOTION to Stay Case and Transfer Pursuant to the First-Filed Rule by Signal International, LLC (Ungar, Hal). Added MOTION to Change Venue on 7/25/2011 (avm). [Transferred from mssd on 3/1/2012.] (Entered: 07/22/2011)	July 22, 2011	July 22, 2011 PACER
27	MEMORANDUM in Support re 26 MOTION to Stay Case and Transfer Pursuant to the First-Filed Rule filed by Signal International, LLC (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Ungar, Hal) [Transferred from mssd on 3/1/2012.] (Entered: 07/22/2011) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER	July 22, 2011	July 22, 2011 PACER
28	MEMORANDUM in Opposition re 24 MOTION for More Definite Statement Under Rule 12(e) filed by Equal Employment Opportunity Commission (Guerrier, Charles) [Transferred from mssd on 3/1/2012.] (Entered: 08/01/2011)	Aug. 1, 2011	Aug. 1, 2011 PACER
29	RESPONSE in Opposition re 26 MOTION to Stay Case and Transfer Pursuant to the First-Filed Rule MOTION to Change Venue filed by Equal Employment Opportunity Commission (Guerrier, Charles) [Transferred from mssd on 3/1/2012.] (Entered: 08/05/2011)	Aug. 5, 2011	Aug. 5, 2011 PACER
30	REPLY to Response to Motion re 28 Memorandum in Opposition to Motion for More Definite Statement filed by Signal International, LLC (Ungar, Hal) Modified on 8/9/2011 to add document link to original motion 24 (avm). [Transferred from mssd on 3/1/2012.] (Entered: 08/08/2011)	Aug. 8, 2011	Aug. 8, 2011 PACER
31	MOTION to Strike 30 Reply to Response to Motion for a More Definite Statement by Equal Employment Opportunity Commission (Bean, Julie) [Transferred from mssd on 3/1/2012.] (Entered: 08/11/2011)	Aug. 11, 2011	Aug. 11, 2011 PACER
32	MEMORANDUM IN SUPPORT re 31 MOTION to Strike 30 Reply to Response to Motion for a More Definite Statement filed by Equal Employment Opportunity Commission (Bean, Julie) [Transferred from mssd on 3/1/2012.] (Entered: 08/11/2011)	Aug. 11, 2011	Aug. 11, 2011 PACER
33	REPLY to Response to Motion re 26 MOTION to Stay Case and Transfer Pursuant to the First-Filed Rule MOTION to Change Venue filed by Signal International, LLC (Ungar, Hal) [Transferred from mssd on 3/1/2012.] (Entered: 08/12/2011)	Aug. 12, 2011	Aug. 12, 2011 PACER
34	MOTION to Strike 33 Reply to Response to Motion to Stay or Transfer by Equal Employment Opportunity Commission (Guerrier, Charles) [Transferred from mssd on 3/1/2012.] (Entered: 08/18/2011)	Aug. 18, 2011	Aug. 18, 2011 PACER
35	MEMORANDUM in Support re 34 MOTION to Strike 33 Reply to Response to Motion to Stay or Transfer filed by Equal Employment Opportunity Commission (Guerrier, Charles) [Transferred from mssd on 3/1/2012.] (Entered: 08/18/2011)	Aug. 18, 2011	Aug. 18, 2011 PACER
36	MEMORANDUM in Opposition re 31 MOTION to Strike 30 Reply to Response to Motion for a More Definite Statement filed by Signal International, LLC (Ungar, Hal) [Transferred from mssd on 3/1/2012.] (Entered: 08/24/2011)	Aug. 24, 2011	Aug. 24, 2011 PACER
37	REPLY to Response to Motion re 31 MOTION to Strike 30 Reply to Response to Motion to Stay or Transfer, 36 Memorandum in Opposition to Motion for a More Definitive Statement filed by Equal Employment Opportunity Commission (Bean, Julie) Modified on 8/31/2011 to correct document linkage to motion #31 to strike #30(avm). [Transferred from mssd on 3/1/2012.] (Entered: 08/31/2011)	Aug. 31, 2011	Aug. 31, 2011 PACER
38	MEMORANDUM in Opposition re 34 MOTION to Strike 33 Reply to Response to Motion to Stay or Transfer filed by Signal International, LLC (Ungar, Hal) [Transferred from mssd on 3/1/2012.] (Entered: 08/31/2011)	Aug. 31, 2011	Aug. 31, 2011 PACER
39	REPLY to Response to Motion re 34 MOTION to Strike 33 Reply to Response to Motion to Stay or Transfer filed by Equal Employment Opportunity Commission (Guerrier, Charles) [Transferred from mssd on 3/1/2012.] (Entered: 09/07/2011)	Sept. 7, 2011	Sept. 7, 2011 PACER
40	NOTICE of Appearance by Marsha Lynn Rucker on behalf of Equal Employment Opportunity Commission (Rucker, Marsha) [Transferred from mssd on 3/1/2012.] (Entered: 11/02/2011)	Nov. 2, 2011	Nov. 2, 2011 PACER

Case: Equal Employment Opportunity Commission v. Signal International, LLC

2:12-cv-00557 | U.S. District Court for the Eastern District of Louisiana

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