Case: EEOC V. WELBORNE AUTOMOTIVE, INC. (FKA NISSAN OF HICKORY)

5:04-cv-00207 | U.S. District Court for the Western District of North Carolina

Filed Date: Dec. 30, 2004

Closed Date: 2012

Clearinghouse coding complete

Case Summary

On December 30, 2004, the Charlotte and Norfolk offices of the Equal Employment Opportunity Commission filed a lawsuit under Title VII against Welborne Automotive, Inc. in the U.S. District Court for the Western District of North Carolina. The EEOC alleged that the defendants, a car dealership, had violated the rights of the complainant by firing her because she was female.On August 1, 2005, the complainant intervened as a plaintiff in the lawsuit. The case went to mediation in May of 2006, b…

On December 30, 2004, the Charlotte and Norfolk offices of the Equal Employment Opportunity Commission filed a lawsuit under Title VII against Welborne Automotive, Inc. in the U.S. District Court for the Western District of North Carolina. The EEOC alleged that the defendants, a car dealership, had violated the rights of the complainant by firing her because she was female.

On August 1, 2005, the complainant intervened as a plaintiff in the lawsuit. The case went to mediation in May of 2006, but parties could not reach a settlement. On September 15, 2006, the defendants asked to court for summary judgment, but the district court denied the motion on November 26, 2007. On December 10, 2007, the defendants filed a motion to dismiss, but the parties reached a settlement before the court ruled on that motion. Under the terms of the settlement, the complainant agreed to release all of her claims against the defendants in exchange for $70,000 in damages, which included $24,333 in attorneys fees and costs. On December 28, 2007, the district court approved the settlement and dismissed the case.

The settlement term was 5 years. The docket sheet does not show any further enforcement; the case was presumably closed in 2012.

Summary Authors

Kristen Sagar (4/11/2008)

Clearinghouse (6/10/2017)

Documents in the Clearinghouse

Document

5:04-cv-00207

Docket [PACER]

EEOC v. Welborne Automotive, Inc.

Dec. 28, 2007

Dec. 28, 2007

Docket
1

5:04-cv-00207

Complaint

EEOC v. Welborne Automotive, Inc.

Dec. 29, 2004

Dec. 29, 2004

Complaint
10

5:04-cv-00207

Complaint in Intervention

EEOC v. Welborne Automotive, Inc.

Sept. 8, 2005

Sept. 8, 2005

Complaint
41

5:04-cv-00207

[Procedural] Order

EEOC v. Welborne Automotive, Inc.

March 29, 2007

March 29, 2007

Order/Opinion
45

5:04-cv-00207

Memorandum and Order

EEOC v. Welborne Automotive, Inc.

Nov. 26, 2007

Nov. 26, 2007

Order/Opinion
53

5:04-cv-00207

Consent Decree

EEOC v. Welborne Automotive, Inc.

Dec. 28, 2007

Dec. 28, 2007

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4304862/eeoc-v-welborne-auto-inc/

Last updated Sept. 4, 2022, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT Filing Fee - Waived (cbb) (Entered: 01/03/2005)

Dec. 30, 2004

Dec. 30, 2004

RECAP
2

CONSENT/REFUSAL to Magistrate Jurisdiction by EEOC - Refusal (cbb) (Entered: 01/20/2005)

Jan. 20, 2005

Jan. 20, 2005

PACER
3

CASE reassigned to Judge Richard L. Voorhees - notice of reassignment mailed to parties. (cbb) (Entered: 01/20/2005)

Jan. 20, 2005

Jan. 20, 2005

PACER
4

Substitution of Counsel terminating attorney Jessica Dixon for EEOC and substituting Kerith Cohen (cbb) (Entered: 03/29/2005)

March 25, 2005

March 25, 2005

PACER
5

ANSWER to Complaint with Jury Demand by Welborne Automotive, Inc..(Bouchard, Carolyn) (Entered: 05/24/2005)

May 23, 2005

May 23, 2005

PACER
6

CORPORATE Disclosure Statement by Welborne Automotive, Inc..(Bouchard, Carolyn) (Entered: 05/24/2005)

May 23, 2005

May 23, 2005

PACER
7

Refusal of Magistrate Judge Jurisdiction by Welborne Automotive, Inc.. (Bouchard, Carolyn) (Entered: 05/24/2005)

May 23, 2005

May 23, 2005

PACER
8

MOTION to Intervene by Paula Thompson. Responses due by 8/15/2005 (Attachments: # 1 Text of Proposed Order)(Bouchard, Carolyn) (Entered: 08/04/2005)

1 Text of Proposed Order

View on PACER

Aug. 1, 2005

Aug. 1, 2005

PACER
9

ORDER granting 8 Motion to Intervene; ordered that Paula Thompson be permitted to intervene as a plf, that the cmp in intervention be filed, and that dfts ans cmp in intervention w/i 20 days from filing of this order. Signed by Judge David Keesler on 9/8/2005. (Bouchard, Carolyn) (Entered: 09/08/2005)

Sept. 8, 2005

Sept. 8, 2005

RECAP
10

Intervenor COMPLAINT, filed by Paula Thompson against Intervenor dft Welborne Automotive, Inc.(Bouchard, Carolyn) (Entered: 09/08/2005)

Sept. 8, 2005

Sept. 8, 2005

PACER
11

ANSWER to Intervenor Complaint by Welborne Automotive, Inc..(Bouchard, Carolyn) (Entered: 09/28/2005)

Sept. 28, 2005

Sept. 28, 2005

PACER
12

ANSWER to Intervenor Complaint by Welborne Automotive, Inc..(Bouchard, Carolyn) (Entered: 10/04/2005)

Sept. 28, 2005

Sept. 28, 2005

PACER
13

CERTIFICATION of initial attorney conference and discovery plan by Paula Thompson, Equal Employment Opportunity Commission, Welborne Automotive, Inc..(Bouchard, Carolyn) (Entered: 10/04/2005)

Sept. 30, 2005

Sept. 30, 2005

PACER
14

ORDER Initial Pretrial Conference set for 11/30/2005 11:00 AM in In Chambers before David Keesler.. Signed by Judge David Keesler on 10/12/2005. (Bouchard, Carolyn) Modified on 10/14/2005 (Bouchard, Carolyn). (Entered: 10/13/2005)

Oct. 12, 2005

Oct. 12, 2005

RECAP
15

MOTION for Extension of Time to 11/28/05 to File Response/Reply to EEOC's 1st Interrogs, 1st Req/Prod/Dcmts, 1st Req/Admissions by Welborne Automotive, Inc.. Responses due by 11/8/2005 (Attachments: # 1 Text of Proposed Order)(Bouchard, Carolyn) (Entered: 10/26/2005)

1 Text of Proposed Order

View on PACER

Oct. 25, 2005

Oct. 25, 2005

PACER
16

ORDER granting 15 Motion for Extension of Time to File Response/Reply to 1st Interrogs, 1st Req/Prod/Dcmts, 1st Req/Admissions; time ext to 11/28/05 . Signed by Judge David Keesler on 10/31/2005. (Bouchard, Carolyn) (Entered: 11/01/2005)

Oct. 31, 2005

Oct. 31, 2005

PACER
17

NOTICE of Atty Appearance by Lyn K. Broom on behalf of Welborne Automotive, Inc. (Bouchard, Carolyn) (Entered: 11/08/2005)

Nov. 8, 2005

Nov. 8, 2005

PACER
18

MOTION to Withdraw as Attorney as to Maranda J. Freeman by Welborne Automotive, Inc.. Responses due by 12/7/2005 (Attachments: # 1 Defendant's Consent to Withdraw# 2 Certificate of Service# 3 Text of Proposed Order)(Evans, Tammy) (Entered: 11/23/2005)

1 Defendant's Consent to Withdraw

View on PACER

2 Certificate of Service

View on PACER

3 Text of Proposed Order

View on PACER

Nov. 23, 2005

Nov. 23, 2005

PACER
20

ORDER granting 18 Motion to Withdraw as Attorney. Added attorney Lyn K. Broom for Welborne Automotive, Inc., Katherine C. Hall for Welborne Automotive, Inc.. Attorney Maranda J. Freeman terminated . Signed by Judge David Keesler on 11/29/2005. (Bouchard, Carolyn) (Entered: 12/01/2005)

Nov. 29, 2005

Nov. 29, 2005

PACER
19

PRETRIAL ORDER AND CASE MANAGEMENT PLAN: Estimated Trial Time: 4 days Discovery due by 5/22/2006. Motions due by 6/22/2006. Responses to Motion due by 7/22/06 Mediation deadline set for 5/22/2006. Jury trial date to be set when matter is ripe & ready to be tried. Signed by Judge David Keesler on 11/30/2005. (Bouchard, Carolyn) (Entered: 11/30/2005)

Nov. 30, 2005

Nov. 30, 2005

PACER
21

NOTICE by Vicki B. Rowan, cnsl for Paula Thompson, of planned vacation out of country for 9/9/06 through 9/18/06 (Bouchard, Carolyn) (Entered: 04/26/2006)

April 12, 2006

April 12, 2006

PACER
22

Joint MOTION for Extension of Scheduling Deadlines by Welborne Automotive, Inc.. (Attachments: # 1 Proposed Order)(Broom, Lyn) (Entered: 05/20/2006)

1 Proposed Order

View on PACER

May 20, 2006

May 20, 2006

PACER
23

ORDER granting 22 Motion for Extension of Scheduling Deadlines; disc ddl ext to 7/31/06; mediation ddl ext to 7/31/06; motion filing ddl ext to 9/15/06; resp to dispositive motion ddl is 10/20/06 . Signed by Judge David Keesler on 5/22/2006. (Bouchard, Carolyn) (Entered: 05/22/2006)

May 22, 2006

May 22, 2006

PACER
24

REPORT of Mediation by Mediator M. Ann Anderson; mediation session held 7/7/06; parties have reached impasse(Bouchard, Carolyn) Modified on 7/17/2006 (Bouchard, Carolyn). (Entered: 07/17/2006)

July 17, 2006

July 17, 2006

PACER
25

MOTION to Compel by Welborne Automotive, Inc..Responses due by 8/18/2006 (Attachments: # 1 # 2 # 3)(Broom, Lyn). Motions referred to David Keesler. (Entered: 08/01/2006)

Aug. 1, 2006

Aug. 1, 2006

PACER
26

MEMORANDUM in Support re 25 MOTION to Compel filed by Welborne Automotive, Inc.. (Broom, Lyn) (Entered: 08/01/2006)

Aug. 1, 2006

Aug. 1, 2006

PACER
27

MOTION to Strike 25 MOTION to Compel by Paula Thompson.Responses due by 8/31/2006 (Rowan, Vicki) (Entered: 08/14/2006)

Aug. 14, 2006

Aug. 14, 2006

PACER
28

MEMORANDUM in Opposition re 25 MOTION to Compel filed by Paula Thompson, Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10# 11 Exhibit 12# 12 Exhibit 13# 13 Exhibit 14# 14 Exhibit 15# 15 Exhibit 16# 16 Exhibit 17# 17 Exhibit 18# 18 Exhibit 19# 19 Exhibit 20# 20 Exhibit 11)(Cohen, Kerith) (Entered: 08/18/2006)

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

3 Exhibit 3

View on PACER

4 Exhibit 4

View on PACER

5 Exhibit 5

View on PACER

6 Exhibit 6

View on PACER

7 Exhibit 7

View on PACER

8 Exhibit 8

View on PACER

9 Exhibit 9

View on PACER

10 Exhibit 10

View on PACER

11 Exhibit 12

View on PACER

12 Exhibit 13

View on PACER

13 Exhibit 14

View on PACER

14 Exhibit 15

View on PACER

15 Exhibit 16

View on PACER

16 Exhibit 17

View on PACER

17 Exhibit 18

View on PACER

18 Exhibit 19

View on PACER

19 Exhibit 20

View on PACER

20 Exhibit 11

View on PACER

Aug. 18, 2006

Aug. 18, 2006

PACER
29

AFFIDAVIT in Opposition re 25 MOTION to Compel (Amended Declaration of Rowan) filed by Paula Thompson. (Rowan, Vicki) (Entered: 08/18/2006)

Aug. 18, 2006

Aug. 18, 2006

PACER
30

RESPONSE in Opposition re 27 MOTION to Strike 25 MOTION to Compel filed by Welborne Automotive, Inc.. (Broom, Lyn) (Entered: 08/29/2006)

Aug. 29, 2006

Aug. 29, 2006

PACER
31

REPLY to Response to Motion re 25 MOTION to Compel filed by Welborne Automotive, Inc.. (Attachments: # 1 Affidavit of Lyn K. Broom# 2 Exhibit 1 to Affidvait of Lyn K. Broom)(Broom, Lyn) (Entered: 08/31/2006)

1 Affidavit of Lyn K. Broom

View on PACER

2 Exhibit 1 to Affidvait of Lyn K. Broom

View on PACER

Aug. 31, 2006

Aug. 31, 2006

PACER
32

MOTION for Summary Judgment by Welborne Automotive, Inc..Responses due by 10/20/2006 (Broom, Lyn) Modified on 9/19/2006 (Bouchard, Carolyn) to change response due date. (Entered: 09/15/2006)

Sept. 15, 2006

Sept. 15, 2006

PACER
33

MEMORANDUM in Support re 32 MOTION for Summary Judgment filed by Welborne Automotive, Inc.. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7 # 8 # 9 # 10 # 11 # 12 # 13 # 14 # 15)(Broom, Lyn) (Entered: 09/15/2006)

Sept. 15, 2006

Sept. 15, 2006

PACER
34

MEMORANDUM in Opposition re 32 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 Table of Exhibits# 2 Exhibit Exhibit 1# 3 Exhibit Exhibit 2# 4 Exhibit Exhibit 3-5# 5 Exhibit Exhibits 6-10# 6 Exhibit Exhibits 11-14# 7 Exhibit Exhibits 15-16)(Cohen, Kerith) (Entered: 10/20/2006)

1 Table of Exhibits

View on PACER

2 Exhibit Exhibit 1

View on PACER

3 Exhibit Exhibit 2

View on PACER

4 Exhibit Exhibit 3-5

View on PACER

5 Exhibit Exhibits 6-10

View on PACER

6 Exhibit Exhibits 11-14

View on PACER

7 Exhibit Exhibits 15-16

View on PACER

Oct. 20, 2006

Oct. 20, 2006

PACER
35

First MOTION for Extension of Time to File Response/Reply to Plaintiff-EEOC's Memorandum of Law in Opposition to Defendant's Motion to Compel by Welborne Automotive, Inc..Responses due by 11/13/2006 (Attachments: # 1 Proposed Order)(Broom, Lyn). Motions referred to David Keesler. (Entered: 10/26/2006)

1 Proposed Order

View on PACER

Oct. 26, 2006

Oct. 26, 2006

PACER
36

ORDER granting 35 Motion for Extension of Time to File Response/Reply re 32 MOTION for Summary Judgment Replies due by 11/9/2006.. Signed by Judge David Keesler on 10/26/2006. (cbb) (Entered: 10/26/2006)

Oct. 26, 2006

Oct. 26, 2006

PACER
37

REPLY to Response to Motion re 32 MOTION for Summary Judgment filed by Welborne Automotive, Inc.. (Broom, Lyn) (Entered: 11/09/2006)

Nov. 9, 2006

Nov. 9, 2006

PACER
38

MOTION for Leave to File Surreply by Equal Employment Opportunity Commission.Responses due by 12/11/2006 (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Proposed Order)(Cohen, Kerith). Motions referred to David Keesler. (Entered: 11/22/2006)

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

3 Proposed Order

View on PACER

Nov. 22, 2006

Nov. 22, 2006

PACER
39

ORDER granting 38 Motion for Leave to File Surreply. Signed by Judge David Keesler on 12/5/2006. (cbb) (Entered: 12/06/2006)

Dec. 6, 2006

Dec. 6, 2006

PACER
40

Surreply by Equal Employment Opportunity Commission as to 38 MOTION for Leave to File Surreply, 32 MOTION for Summary Judgment. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Cohen, Kerith) (Entered: 12/12/2006)

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

Dec. 12, 2006

Dec. 12, 2006

PACER
41

ORDER granting in part and denying in part dft's 25 Motion to Compel and for Sanctions; dft's Mot/Compel supplementation to discovery requests granted to extent described in Order; dft's request to reopen Thompson's depo is denied w/o prejudice to refile and dft's Mot/Sanctions is denied; granting in part and denying in part plf-intv's 27 Motion to Strike; as to mot/strike mot/compel, it is denied and as to mot/strike sanctions, it is granted; parties to submit proposed protective order, if necessary, by 4/20/2007. Signed by Judge David Keesler on 3/29/2007. (cbb) (Entered: 03/29/2007)

March 29, 2007

March 29, 2007

RECAP
42

MOTION for Protective Order by Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order Protective Order)(Cohen, Kerith). Motions referred to David Keesler. (Entered: 04/17/2007)

1 Proposed Order Protective Order

View on PACER

April 17, 2007

April 17, 2007

PACER
43

RESPONSE to Motion re 42 MOTION for Protective Order filed by Welborne Automotive, Inc.. (Broom, Lyn) (Entered: 04/27/2007)

April 27, 2007

April 27, 2007

PACER
44

PROTECTIVE ORDER. Signed by Judge David Keesler on 4/30/2007. (cbb) (Entered: 04/30/2007)

April 30, 2007

April 30, 2007

RECAP
45

ORDER denying 32 Motion for Summary Judgment; this matter will be placed on the January, 2008, trial term in the Statesville Division with calendar call on 1/7/08 and jury selection to commence on 1/8/08. Signed by Judge Richard Voorhees on 11/26/2007. (cbb) (Entered: 11/26/2007)

Nov. 26, 2007

Nov. 26, 2007

RECAP
46

ORDER directing parties to participate in a judicial stlmt conference;Settlement Conference set for 1/4/2008 09:30 AM in Courtroom #3 (2nd floor), 401 W. Trade St., Charlotte, NC 28202 before Magistrate Judge David Keesler. Each pty to submit confidential stmt to Judge Keesler by 12/28/2007; parties to appear at 1/7/2008 calendar call unless stlmt terms reduced to writing and Stip/dism filed by close of business on 1/4/2008; if not settled, jury selection to commence 1/8/2008; evidence to begin no sooner than 1/14/2008. Parties to comply w/ all pretrial filing ddls. Signed by Judge Richard Voorhees on 12/5/2007. (cbb) (Entered: 12/05/2007)

Dec. 5, 2007

Dec. 5, 2007

RECAP
47

MOTION to Dismiss by Welborne Automotive, Inc.. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B# 3 Errata Exhibit C# 4 Errata Exhibit D# 5 Exhibit Exhibit E)(Broom, Lyn) (Entered: 12/10/2007)

1 Exhibit Exhibit A

View on PACER

2 Exhibit Exhibit B

View on PACER

3 Errata Exhibit C

View on PACER

4 Errata Exhibit D

View on PACER

5 Exhibit Exhibit E

View on PACER

Dec. 10, 2007

Dec. 10, 2007

PACER
48

MEMORANDUM in Support re 47 MOTION to Dismiss filed by Welborne Automotive, Inc.. (Broom, Lyn) (Entered: 12/10/2007)

Dec. 10, 2007

Dec. 10, 2007

PACER
49

MOTION to Expedite by Welborne Automotive, Inc.. (Attachments: # 1 Proposed Order)(Broom, Lyn) (Entered: 12/10/2007)

1 Proposed Order

View on PACER

Dec. 10, 2007

Dec. 10, 2007

PACER
50

ORDER granting 49 Motion to Expedite Briefing and Consideration of dft's Motion to Dismiss; plf and plf-intervenor shall filed response to dft's Rule 37 motion by 12/19/2007; dft will file reply to response by 12/21/2007. Signed by Judge Richard Voorhees on 12/11/2007. (cbb) (Entered: 12/11/2007)

Dec. 11, 2007

Dec. 11, 2007

PACER
51

Miscellaneous Filing by Equal Employment Opportunity Commission. re: 47 Motion to Dismiss, 48 Memorandum in Support of Motion Notice of Resolution (Cohen, Kerith) (Entered: 12/19/2007)

Dec. 19, 2007

Dec. 19, 2007

PACER
52

MOTION enforce settlement, remove from trial calendar re 51 Miscellaneous Filing by Paula Thompson.Responses due by 1/7/2008. (Attachments: # 1 Exhibit A-1 (3 pgs), # 2 Exhibit A-2 (4 pgs), # 3 Exhibit A-3 (4 pgs), # 4 Exhibit B)(Rowan, Vicki) (Entered: 12/21/2007)

1 Exhibit A-1 (3 pgs)

View on PACER

2 Exhibit A-2 (4 pgs)

View on PACER

3 Exhibit A-3 (4 pgs)

View on PACER

4 Exhibit B

View on PACER

Dec. 21, 2007

Dec. 21, 2007

PACER
53

CONSENT DECREE with attachments A and B. Signed by District Judge Richard Voorhees on 12/28/07. (chh) (Entered: 12/28/2007)

Dec. 28, 2007

Dec. 28, 2007

RECAP

Case Details

State / Territory: North Carolina

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 30, 2004

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Private Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Welborne Automotive, Inc. (Hickory, North Carolina), Private Entity/Person

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: 70000

Order Duration: 2007 - 2012

Content of Injunction:

Post/Distribute Notice of Rights / EE Law

Develop anti-discrimination policy

Discrimination Prohibition

Retaliation Prohibition

Monitoring

Provide antidiscrimination training

Reporting

Issues

General:

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit