Case: EEOC v. BON SECOURS - DePAUL MEDICAL CENTER, INC.

2:02-cv-00728 | U.S. District Court for the Eastern District of Virginia

Filed Date: Sept. 16, 2002

Closed Date: March 4, 2004

Clearinghouse coding complete

Case Summary

In September, the EEOC district office of Norfolk, Virginia brought this suit against Bon Secours-DePaul Medical Center, Inc., a full service medical facility in the U.S. District Court for the Eastern District of Virginia. The complaint alleged that Bon Secours unlawfully retaliated against one of its employees in violation of Title VII of the Civil Rights Act of 1964. It was alleged that Bon Secours unlawfully terminated a hospital administrator for verbally warning a nurse about sexually i…

In September, the EEOC district office of Norfolk, Virginia brought this suit against Bon Secours-DePaul Medical Center, Inc., a full service medical facility in the U.S. District Court for the Eastern District of Virginia. The complaint alleged that Bon Secours unlawfully retaliated against one of its employees in violation of Title VII of the Civil Rights Act of 1964. It was alleged that Bon Secours unlawfully terminated a hospital administrator for verbally warning a nurse about sexually inappropriate workplace behavior. After a few minor discovery disputes, a jury trial commenced in August 2003. During the course of the four day trial, both parties motioned for judgment as a matter of law. The court denied all of these motions. At the end of the trial, a verdict was announced in favor of the plaintiff, EEOC.

Due to standing defendant motions for judgment as a matter of law or a new trial, the court directed the clerk to not enter judgment in the case. The court eventually denied the defendant's motions and the parties entered into a consent decree in March 2004. Although the text of this document is not available to us, we do know that the complainant was awarded $360,000 and the defendant was required to provide training to all employees of Bon Secours and post notices.

Summary Authors

Joel Pettit (5/29/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/47452010/parties/herron-toole-v-board-of-governors-federal-reserve-bank/


Judge(s)

Davis, Mark Steven (Virginia)

Attorney for Plaintiff

Herron-Toole, Bridget Amelia (Virginia)

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Documents in the Clearinghouse

Document

2:02-cv-00728

Docket [PACER]

EEOC v. Bon Secours - DePaul Medical Center, Inc.

March 4, 2004

March 4, 2004

Docket

2:02-cv-00728

EEOC Wins Over $4 Million Retaliation Claim in Jury Verdict Against Hospital

EEOC v. Bon Secours - DePaul Medical Center, Inc.

No Court

Sept. 3, 2003

Sept. 3, 2003

Press Release

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/47452010/herron-toole-v-board-of-governors-federal-reserve-bank/

Last updated April 4, 2025, 11:16 a.m.

ECF Number Description Date Link Date / Link
13

MEMORANDUM by Bon Secours DePaul Medical Center, Inc. in opposition to [10-1] motion by EEOC for Partial Summary Judgment, received. (clerk) (Entered: 07/30/2003)

July 29, 2003

July 29, 2003

14

AFFIDAVIT of David J. McCombs in support of [13-1] opposition memorandum by Bon Secours Depaul Medical Center, Inc. (clerk) (Entered: 07/30/2003)

July 30, 2003

July 30, 2003

15

REPLY by Bon Secours DePaul Medical Center, Inc. to response to [7-1] motion by Bon Secours Depaul Medical Center, Inc. for Summary Judgment, received. (clerk) (Entered: 08/01/2003)

July 31, 2003

July 31, 2003

16

REPLY by EEOC to response to [10-1] motion by EEOC for Partial Summary Judgment, received. (clerk) (Entered: 08/04/2003)

Aug. 1, 2003

Aug. 1, 2003

Final Pre-Trial Conference held (clerk) (Entered: 08/15/2003)

Aug. 14, 2003

Aug. 14, 2003

17

FINAL PRETRIAL ORDER, held in the presence of counsel, entered and filed 8/14/03 (signed by Magistrate Judge Tommy E. Miller) (clerk) (Entered: 08/15/2003)

Aug. 14, 2003

Aug. 14, 2003

18

ORDER denying [10-1] motion by EEOC for Partial Summary Judgment; and denying [7-1] motion by Bon Secours Depaul Medical Center, Inc. for Summary Judgment, entered and filed 8/18/03 (signed by Judge Jerome B. Friedman) Copies Mailed: 8/18/03 [EOD Date: 8/19/03] (clerk) (Entered: 08/19/2003)

Aug. 18, 2003

Aug. 18, 2003

Proposed Jury instructions by Bon Secours DePaul Medical Center, Inc. (clerk) (Entered: 08/21/2003)

Aug. 20, 2003

Aug. 20, 2003

PROPOSED VOIR DIRE by defendant Bon Secours DePaul Medical Center, Inc. (clerk) (Entered: 08/21/2003)

Aug. 20, 2003

Aug. 20, 2003

Proposed Jury instructions by EEOC (clerk) (Entered: 08/21/2003)

Aug. 20, 2003

Aug. 20, 2003

PROPOSED VOIR DIRE by plaintiff EEOC (clerk) (Entered: 08/21/2003)

Aug. 20, 2003

Aug. 20, 2003

20

MEMORANDUM in support of [19-1] motion by Bon Secours DePaul Medical Center, Inc. in limine to exclude evidence of lost earnings, received. (clerk) (Entered: 08/21/2003)

Aug. 20, 2003

Aug. 20, 2003

21

MOTION by EEOC in limine to exclude extrinsic evidence of Ms. Denninghoff's prior employment (clerk) (Entered: 08/26/2003)

Aug. 26, 2003

Aug. 26, 2003

22

MEMORANDUM in support of [21-1] motion by EEOC in limine to exclude extrinsic evidence of Ms. Denninghoff's prior employment, received. (clerk) (Entered: 08/26/2003)

Aug. 26, 2003

Aug. 26, 2003

23

MOTION by EEOC in limine to preclude testimony of newly-identified witnesses (clerk) (Entered: 08/26/2003)

Aug. 26, 2003

Aug. 26, 2003

24

MEMORANDUM in support of [23-1] motion by EEOC in limine to preclude testimony of newly-identified witnesses, received. (clerk) (Entered: 08/26/2003)

Aug. 26, 2003

Aug. 26, 2003

Jury Trial held (Entered: 08/28/2003)

Aug. 27, 2003

Aug. 27, 2003

25

Minute entry: TRIAL PROCEEDINGS: JBF, judge. Sue Ash (OCR). Counsel appeared. Matter came on for trial by jury. Arguments heard on motions in limine - court denied in part and withheld ruling in part. Jury appeared as summoned and sworn on voir dire. 8 jurors were selected to try the issues. Jurors not selected were excused. Witnesses excluded. Opening statements. Pltf. presented evidence. Counsel and parties excused until tomorrow at 9:30 a.m. (Entered: 08/28/2003)

Aug. 27, 2003

Aug. 27, 2003

Jury Trial held (Entered: 08/28/2003)

Aug. 28, 2003

Aug. 28, 2003

26

Minute entry: CONTINUATION OF JURY TRIAL: JBF, j. Sue Ash, OCR. Jurors, counsel and parties appeared. Pltf. resumed with evidence and rested. Arguments heard on defts. motion for judgment as a matter of law - court denied. Deft. presented evidence. Counsel and parties excused until tomorrow at 9:45 a.m. (Entered: 08/28/2003)

Aug. 28, 2003

Aug. 28, 2003

Jury Trial held (Entered: 08/29/2003)

Aug. 29, 2003

Aug. 29, 2003

27

Minute entry: CONTINUATION OF JURY TRIAL: JBF, j. Gloria Smith and Sue Ash, OCR's. Jurors, counsel and parties appeared. Redacted copy of de bene esse deposition of Janet Lorraine Macarthur filed. Pltfs. designation of objections to deposition testimony of Robert C. Squatrito, MD, filed. Deft. resumed with evidence. Video tape deposition of Robert C. Squatrito, MD played to the jury, and transcript filed. Jurors excused until Tuesday, September 2, 2003, at 9:30 a.m., and counsel to appear at 9:00 a.m. (Entered: 08/29/2003)

Aug. 29, 2003

Aug. 29, 2003

28

Redacted copy of de bene esse deposition of Janet Lorraine Maccarthur filed in open court. (Entered: 08/29/2003)

Aug. 29, 2003

Aug. 29, 2003

29

Designation of objections to deposition testimony of Robert C. Squatrito, M.D. by plaintiff EEOC, filed in open court. (Entered: 08/29/2003)

Aug. 29, 2003

Aug. 29, 2003

30

DEPOSITION of Robert C. Squatrito, M.D., filed in open court. (Entered: 08/29/2003)

Aug. 29, 2003

Aug. 29, 2003

31

Minute entry: CONTINUATION OF JURY TRIAL: JBF, j. Sue Ash, OCR. Jurors, counsel and parties appeared. Deft. resumed with evidence and rested. Pltfs. motion for judgment as a matter of law - denied. Pltf. presented rebuttal evidence and rested. Deft. renewed motion for judgment as a matter of law - denied. Instructions read to the jury. Final arguments. Jury rec'd court's final instructions and retired to begin their deliberations, and sometime later ret'd with the following verdict (attached). Verdict filed. Jury polled. Jurors excused. Deft. made a motion for judgment notwithstanding the verdict. Deft. to submit brief by Sept. 16, 2003, pltfs. response by Sept. 29, 2003, and defts. reply by Oct. 3, 2003. Court directed clerk not to enter judgment at this time. (Entered: 09/02/2003)

Sept. 2, 2003

Sept. 2, 2003

32

JURY VERDICT for the pltf. EEOC, filed in open court. (Entered: 09/02/2003)

Sept. 2, 2003

Sept. 2, 2003

33

MOTION by Bon Secours DePaul Medical Center, Inc. for Judgment as a Matter of Law , or alternatively by Bon Secours DePaul Medical Center, Inc. for New Trial (clerk) (Entered: 09/17/2003)

Sept. 16, 2003

Sept. 16, 2003

34

MEMORANDUM in support of [33-1] motion by Bon Secours DePaul Medical Center, Inc. for Judgment as a Matter of Law, [33-2] motion by Bon Secours DePaul Medical Center, Inc. for New Trial, received. (clerk) (Entered: 09/17/2003)

Sept. 16, 2003

Sept. 16, 2003

35

MEMORANDUM by EEOC in opposition to [33-1] motion by Bon Secours DePaul Medical Center, Inc. for Judgment as a Matter of Law, [33-2] motion by Bon Secours DePaul Medical Center, Inc. for New Trial, received. (clerk) (Entered: 09/30/2003)

Sept. 29, 2003

Sept. 29, 2003

36

REPLY by Bon Secours DePaul Medical Center, Inc. to response to [33-1] motion by Bon Secours DePaul Medical Center, Inc. for Judgment as a of Law, [33-2] motion by Bon Secours DePaul Medical Center, Inc. for New Trial, received. (clerk) (Entered: 10/03/2003)

Oct. 3, 2003

Oct. 3, 2003

37

MOTION by EEOC seeking enforcement of Local Rule of Practice 7(E)3 (clerk) (Entered: 10/07/2003)

Oct. 6, 2003

Oct. 6, 2003

38

MEMORANDUM in support of [37-1] motion by EEOC seeking enforcement of Local Rule of Practice 7(E)3, received. (clerk) (Entered: 10/07/2003)

Oct. 6, 2003

Oct. 6, 2003

39

RESPONSE by Bon Secours to [37-1] motion by EEOC seeking enforcement of Local Rule of Practice 7(E)3 by EEOC (jcow) (Entered: 10/09/2003)

Oct. 8, 2003

Oct. 8, 2003

39

MOTION with Memorandum in Support by Bon Secours to expand the allowable length of defendant's reply memorandum or to allow defendant to file replacemetn reply memorandum (jcow) (Entered: 10/09/2003)

Oct. 8, 2003

Oct. 8, 2003

Motion hearing [33-1] motion by Bon Secours DePaul Medical Center, Inc. for Judgment as a Matter of Law set at 9:30 a.m. on 11/13/03 before Judge Jerome B. Friedman (clerk) (Entered: 10/22/2003)

Oct. 22, 2003

Oct. 22, 2003

Motion hearing held re: [33-1] motion by Bon Secours DePaul Medical Center, Inc. for Judgment as a Matter of Law by Bon Secours, [33-2] motion by Bon Secours DePaul Medical Center, Inc. for New Trial by Bon Secours (Entered: 11/13/2003)

Nov. 13, 2003

Nov. 13, 2003

41

ORDER denying [33-1] motion by Bon Secours DePaul Medical Center, Inc. for Judgment as a Matter of Law; denying [33-2] motion by Bon Secours DePaul Medical Center, Inc. for New Trial and directing parties to schedule a hearing as soon as possible to determine any award of back pay and/or front pay, entered and filed 12/9/03 (signed by Judge Jerome B. Friedman) Copies Mailed: 12/9/03 [EOD Date: 12/9/03] (clerk) (Entered: 12/09/2003)

Dec. 9, 2003

Dec. 9, 2003

42

TRANSCRIPT for dates of August 27, 2003 before the Honorable Jerome B. Friedman (clerk) (Entered: 12/10/2003)

Dec. 10, 2003

Dec. 10, 2003

43

TRANSCRIPT for dates of August 28, 2003 before the Honorable Jerome B. Friedman. (clerk) (Entered: 12/10/2003)

Dec. 10, 2003

Dec. 10, 2003

44

TRANSCRIPT (Volume 3A) for dates of August 29, 2003 before the Honorable Jerome B. Friedman. (clerk) (Entered: 12/10/2003)

Dec. 10, 2003

Dec. 10, 2003

45

TRANSCRIPT (Volume 3B) for dates of August 29, 2003 before the Honorable Jerome B. Friedman. (clerk) (Entered: 12/10/2003)

Dec. 10, 2003

Dec. 10, 2003

46

TRANSCRIPT for dates of September 2, 2003 before the Honorable Jerome B. Friedman. (clerk) (Entered: 12/10/2003)

Dec. 10, 2003

Dec. 10, 2003

Deadline updated; Hearing Deadline for 11:00 a.m. on 2/6/04 on post trial issues before Judge Jerome B. Friedman (clerk) (Entered: 01/12/2004)

Jan. 12, 2004

Jan. 12, 2004

Deadline updated; Hearing Deadline reset for 10:00 a.m. on 3/2/04 before Judge Jerome B. Friedman for post trial issues (clerk) (Entered: 02/06/2004)

Feb. 6, 2004

Feb. 6, 2004

47

CONSENT DECREE resolving al issues and claims in the Complaint; enjoining defendant from making certain employment decisions, see this consent decree for specifics; that within ten (10) days from the date of entry of this consent decree, defendant will pay to Stephanie Denninghoff the amount of $60,000 for lost wages, $300,000 in damages, for a total of $360,000, see this consent decree for specifics as to Internal Revenue Service deductions; see this consent decree for specfics on notice to be posted, costs incurred, and training to be conducted; and this action is dismissed with prejudice and removed from the active docket, agreed, entered and filed 3/4/04 (Signed by Judge Jerome B. Friedman). OB. Copies Mailed: 3/4/04 (clerk) (Entered: 03/05/2004)

March 4, 2004

March 4, 2004

Case closed (clerk) (Entered: 03/05/2004)

March 4, 2004

March 4, 2004

Permanent Record (clerk) (Entered: 03/05/2004)

March 4, 2004

March 4, 2004

1

MOTION for Leave to Proceed in forma pauperis by Bridget Amelia Herron-Toole. (Attachments: # 1 Proposed Complaint)(epri) (Entered: 12/20/2016)

Dec. 19, 2016

Dec. 19, 2016

PACER
2

ORDER: Plaintiff's IFP Application, ECF No. 1, is DENIED. If Plaintiff would like the Court to consider her submission, she is DIRECTED to either (i) remit the $350.00 filing fee and $50.00 administrative fee or (ii) re-submit the attached IFP Application with complete and accurate information regarding her financial situation. If Plaintiff does not do so within thirty (30) days of the date of entry of this Order, the Court will dismiss this action without prejudice. Copy of this Order and long form IFP sent to plaintiff as DIRECTED on 1.5.17. Signed by District Judge Mark S. Davis and filed on 1/5/2017. (epri) (Entered: 01/05/2017)

Jan. 5, 2017

Jan. 5, 2017

PACER
3

NOTICE of Change of Address by Bridget Amelia Herron-Toole (epri) (Entered: 01/26/2017)

Jan. 24, 2017

Jan. 24, 2017

PACER
4

NOTICE OF APPEAL as to 2 Order on Motion for Leave to Proceed in forma pauperis, by Bridget Amelia Herron-Toole. (epri) (Entered: 01/26/2017)

Jan. 24, 2017

Jan. 24, 2017

PACER
5

Transmission of Notice of Appeal to US Court of Appeals re 4 Notice of Appeal (All case opening forms, plus the transcript guidelines, may be obtained from the Fourth Circuit's website at www.ca4.uscourts.gov) (Attachments: # 1 Notice of Appeal)(epri) (Entered: 01/26/2017)

Jan. 26, 2017

Jan. 26, 2017

PACER

Assembled INITIAL Electronic Record Transmitted to 4CCA re 4 Notice of Appeal (epri)

Jan. 26, 2017

Jan. 26, 2017

PACER
6

USCA Case Number 17-1115 4CCA Case Manager Cathy Poulsen for 4 Notice of Appeal filed by Bridget Amelia Herron-Toole. (17-1115) (epri) (Entered: 01/27/2017)

Jan. 26, 2017

Jan. 26, 2017

PACER
7

ORDER of USCA as to 4 Notice of Appeal filed by Bridget Amelia Herron-Toole. The court consolidates case Nos. 17-1108, 17-1111, 17-1112, 17-1113 and17-1115. (17-1108 (L)) (epri) (Entered: 01/27/2017)

Jan. 27, 2017

Jan. 27, 2017

PACER
8

Mail Returned as Undeliverable Mail sent to Bridget Amelia Toole @ Union Mission, 5100 E. Va Beach Blvd., Norfolk, VA 23502. Appeal transmittal sheet returned as undelivered. (epri) (Entered: 02/17/2017)

Feb. 17, 2017

Feb. 17, 2017

PACER
9

ORDER of USCA as to 4 Notice of Appeal filed by Bridget Amelia Herron-Toole. The court dismisses this proceeding for failure to prosecute pursuant to Local Rule 45. (17-1115) (epri) (Entered: 05/11/2017)

May 11, 2017

May 11, 2017

PACER
10

USCA Mandate re 4 Notice of Appeal. This court's order dismissing this appeal pursuant to Local Rule 45 takes effect today. This constitutes the formal mandate of this court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. (17-1115) (epri) (Entered: 05/11/2017)

May 11, 2017

May 11, 2017

PACER
11

DISMISSAL ORDER: Plaintiff still has not paid the requisite filing fees or re-submitted a complete and accurate IFP Application. Accordingly, this matter is hereby DISMISSED without prejudice. Copy of Order sent to plaintiff as DIRECTED on 6.15.17. Signed by District Judge Mark S. Davis on 6/14/2017 and filed on 6/15/2017. (epri) (Entered: 06/15/2017)

June 15, 2017

June 15, 2017

PACER
12

CLERK'S JUDGMENT. Signed by Clerk on 6/15/2017. (epri) (Entered: 06/15/2017)

June 15, 2017

June 15, 2017

PACER

Case Details