Case: EEOC v. GREENBRIER

2:03-cv-00693 | U.S. District Court for the Eastern District of Virginia

Filed Date: Sept. 30, 2003

Closed Date: June 2, 2004

Clearinghouse coding complete

Case Summary

The EEOC's Norfolk office sued Greenbrier Pontiac - Oldsmobile - GMC Trucks - KIA, Inc., a Virginia auto dealership, on September 30, 2003 in the U.S. District Court for the Eastern District of Virginia. The EEOC alleged that Greenbrier violated Title VII when it discriminated against one of its employees based on race (African American), created a hostile work environment for that employee when other employees made racist comments and hung a noose around a radio in the servicing shop, which culminated in the constructive discharge of the employee. The district court's opinion, at 314 F.Supp.2d 189 (E.D.Va. 2004), explained that the claim was ultimately frivolous and the EEOC dropped the claim. Following the case dismissal, the defendant sought attorney's fees from the EEOC, a pursuit that ended in settlement of that issue in the appellate court.

Summary Authors

Aaron Weismann (5/30/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17822721/parties/equal-employment-v-greenbrier/


Judge(s)

Smith, Rebecca Beach (Virginia)

Attorney for Plaintiff

Garber, Amy Elizabeth (Virginia)

Golski, Kenneth (Virginia)

Attorney for Defendant

Burton, David Christopher (Virginia)

Walters, Aaron Scott (Virginia)

Documents in the Clearinghouse

Documents in this case

2:03-cv-00693

Docket [PACER]

EEOC v. Greenbrier

June 2, 2004

June 2, 2004

Docket
16

2:03-cv-00693

Order

Equal Employment Opportunity Commission v. Greenbriar Pontiac–Oldsmobile–GMC Trucks–Kia, Inc.

April 14, 2004

April 14, 2004

Order/Opinion

314 F.Supp.2d 581

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17822721/equal-employment-v-greenbrier/

Last updated Nov. 3, 2026, 4:27 p.m.

Docket for: Equal Employment v. Greenbrier
ECF Number Date Description Link
1 Sept. 30, 2003

COMPLAINT; jury demand (jcow) (Entered: 09/30/2003)

RECAP
Sept. 30, 2003

CASE REFERRED to Magistrate Judge James E. Bradberry (jcow) (Entered: 09/30/2003)

PACER
Sept. 30, 2003

CASE REFERRED to Magistrate Judge James E. Bradberry (jcow)

Oct. 2, 2003

SUMMONS with one certified copy issued for Greenbrier Oldsmobile-GMC, mag notice and mailed to counsel (jcow) (Entered: 10/02/2003)

PACER
Oct. 2, 2003

SUMMONS with one certified copy issued for Greenbrier Oldsmobile-GMC, mag notice and mailed to counsel (jcow)

Oct. 23, 2003

Jury Trial Flag (jcow) (Entered: 10/23/2003)

PACER
Oct. 23, 2003

Jury Trial Flag (jcow)

2 Nov. 4, 2003

Financial Interest Disclosure Statement (Local Rule 7.1) by Greenbrier Oldsmobile (jcow) (Entered: 11/04/2003)

RECAP
3 Nov. 4, 2003

ANSWER to Complaint by Greenbrier Oldsmobile (Attorney David Christopher Burton, Aaron Scott Walters), (jcow) (Entered: 11/04/2003)

RECAP
Nov. 4, 2003

Referred for 16(b) Conference (jcow) (Entered: 11/04/2003)

PACER
Nov. 4, 2003

Referred for 16(b) Conference (jcow)

4 Nov. 7, 2003

ORDER: 26(f) attorneys' conference set for 11/17/03; 16(b) scheduling conference set 9:00 a.m. on 12/5/03; initial disclosure 12/22/03; no party required to respond to discovery sooner than 1/2/04; entered 11/6/03 and filed 11/7/03 (Signed by Magistrate Judge James E. Bradberry) Copies Mailed: 11/7/03 (lbax) (Entered: 11/10/2003)

RECAP
Nov. 12, 2003

16b conference reset 9:00 12/8/03 (jcow) (Entered: 11/12/2003)

PACER
Nov. 12, 2003

16b conference reset 9:00 12/8/03 (jcow)

5 Dec. 8, 2003

Consent to trial by Magistrate by Greenbrier Oldsmobile-GMC (jcow) (Entered: 12/09/2003)

RECAP
Dec. 8, 2003

16(b) Conference held (jcow) (Entered: 12/09/2003)

PACER
Dec. 8, 2003

16(b) Conference held (jcow)

6 Dec. 9, 2003

Rule 16(b) Scheduling Order: Jury trial set 11:00 5/24/04 at Norfolk. Expert witnesses to be identified by 1/23/04; disclosure outlined in Rule 26 (a)(2)(B) by 2/23/04; response to such disclosure by 3/23/04; rebuttal by 4/7/04; discovery by plaintiff on or before 3/15/04 and defendant on or before 4/12/04; discovery/deposition in lieu of witness at trial concluded by 4/19/04; pretrial disclosures to be delivered to all counsel and unrepresented parties on or before 4/30/04; objections delivered by 5/5/04; an attorney's conference is set for 4/30/04 at 2:00; a final pretrial conference shall be conducted on 5/7/04 at 10:30; trial by jury has been demanded, proposed voir dire and jury instructions shall be delivered to the clerk by 5/17/04, entered 12/8/03 filed 12/9/03 ( signed by Magistrate Judge James E. Bradberry ) Copies Mailed: 12/9/03 (jcow) (Entered: 12/09/2003)

RECAP
7 Jan. 27, 2004

AGREED ORDER that the defendant's name be properly reflected as Greenbrier Pontiac-Oldsmobile-GMC Trucks-KIA, Inc., and that all previous pleadings filed are deemed amended to reflect the proper defendant, entered and filed 1/27/04 ( signed by Judge Rebecca B. Smith ) Copies Mailed: 1/28/04 [EOD Date: 1/28/04] (jcow) (Entered: 01/28/2004)

RECAP
8 March 9, 2004

STIPULATED FINAL ORDER that this action is dismissed with prejudice, entered and filed 3/9/04 ( signed by Judge Rebecca B. Smith ) Copies Mailed: 3/9/04 [EOD Date: 3/9/04] (jcow) (Entered: 03/09/2004)

RECAP
March 9, 2004

Case closed (jcow) (Entered: 03/09/2004)

PACER
March 9, 2004

Disposable Record (jcow) (Entered: 03/09/2004)

PACER
March 9, 2004

**Remove Jury Flag** (jcow) (Entered: 03/09/2004)

PACER
March 9, 2004

Case closed (jcow)

March 9, 2004

Disposable Record (jcow)

March 9, 2004

**Remove Jury Flag** (jcow)

9 March 12, 2004

MOTION by Greenbrier Pontiac-Oldsmobile-GMC for Attorney Fees (jcow) (Entered: 03/12/2004)

RECAP
10 March 12, 2004

AFFIDAVIT of Scott Kezman Re: [10-1] support memorandum by Greenbrier Pontiac (jcow) (Entered: 03/12/2004)

RECAP
11 March 12, 2004

Request for hearing filed by defendant Greenbrier Pontiac re: [9-1] motion by Greenbrier Pontiac-Oldsmobile-GMC for Attorney Fees (jcow) (Entered: 03/12/2004)

RECAP
12 March 12, 2004

AFFIDAVIT of David C. Burton Re: [12-1] bill of costs by Greenbrier Pontiac (jcow) (Entered: 03/12/2004)

RECAP
13 March 22, 2004

AGREED ORDER that the plaintiff's response time for a response to the motion for attorney fees is extended to 3/26/04, Response to Motion reset to 3/26/04 for [9-1] motion by Greenbrier Pontiac-Oldsmobile-GMC for Attorney Fees, entered and filed 3/22/04 ( signed by Judge Rebecca B. Smith ) Copies Mailed: 3/22/04 [EOD Date: 3/22/04] (jcow) (Entered: 03/22/2004)

RECAP
14 March 26, 2004

MEMORANDUM by Equal Employment Opportunity Commission in opposition to [9-1] motion by Greenbrier Pontiac-Oldsmobile-GMC for Attorney Fees, received (jcow) (Entered: 03/29/2004)

RECAP
15 March 31, 2004

REPLY to response to [9-1] motion by Greenbrier Pontiac-Oldsmobile-GMC for Attorney Fees, received (jcow) (Entered: 04/01/2004)

RECAP
16 April 14, 2004

OPINION AND ORDER denying [9-1] motion by Greenbrier Pontiac-Oldsmobile-GMC for Attorney Fees and granting Greenbrier Pontiac-Oldsmobile-GMC's bill of costs in the amount of $2,554.29, entered and filed 4/14/04 ( signed by Judge Rebecca B. Smith ) Copies Mailed: 4/14/04 [EOD Date: 4/14/04] (jcow) (Entered: 04/14/2004)

RECAP
17 May 4, 2004

NOTICE OF APPEAL by Greenbrier. FILING FEE $ 255.00 (jcow) (Entered: 05/04/2004)

RECAP
May 4, 2004

Copy of Notice of Appeal, Final Order and docket sheet to USCA re: [17-1] appeal by Greenbrier Pontiac-Oldsmobile-GMC Trucks-Kia; copy of notice of appeal to defendant/ appellant; copy of notice of appeal to counsel of record (jcow)

May 4, 2004

Receipt # 43395 for filing fee paid on 5/4/04 (jcow)

May 4, 2004

Copy of Notice of Appeal, Final Order and docket sheet to USCA re: [17-1] appeal by Greenbrier Pontiac-Oldsmobile-GMC Trucks-Kia; copy of notice of appeal to defendant/ appellant; copy of notice of appeal to counsel of record (jcow) (Entered: 05/04/2004)

PACER
May 4, 2004

Receipt # 43395 for filing fee paid on 5/4/04 (jcow) (Entered: 05/04/2004)

PACER
May 14, 2004

USCA Case Number Re: [17-1] appeal by Greenbrier Pontiac- Oldsmobile-GMC Trucks-KIA, CASE MANAGER: Joy Hargett USCA NUMBER: 04-1567 (jcow)

May 14, 2004

USCA Case Number Re: [17-1] appeal by Greenbrier Pontiac- Oldsmobile-GMC Trucks-KIA, CASE MANAGER: Joy Hargett USCA NUMBER: 04-1567 (jcow) (Entered: 05/17/2004)

PACER
18 June 2, 2004

Copy of USCA Order (certified copy) dismissing the appeal pursuant to Rule 42(b) of FRAP re: [17-1] appeal, issued as and for the mandate, filed. (jcow) (Entered: 06/03/2004)

RECAP
Oct. 1, 2008

Case file sent to Federal Records Center. (tlev, )

Case Details

State / Territory:

Virginia

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 30, 2003

Closing Date: June 2, 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of a black employee

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Private Entity/Person

Greenbrier Pontiac-Oldsmobile-GMC Trucks-KIA, Inc.

Case Details

Causes of Action:

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

Other Dockets:

Eastern District of Virginia 2:03-cv-00693

U.S. Court of Appeals for the Fourth Circuit 04-01567

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

Discrimination Area:

Conditions of Employment (including assignment, transfer, hours, working conditions, etc.)

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination Basis:

Race discrimination

EEOC-centric:

Direct Suit on Merits

Recommended Citation