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Case: EEOC v. Mitchell Temporary And Dakota Pork Industries

4:03-cv-04222 | U.S. District Court for the District of South Dakota

Filed Date: Sept. 29, 2003

Closed Date: 2007

Clearinghouse coding complete

Case Summary

The EEOC's Denver district office sued Dakota Pork Industries, Inc., a South Dakota meat processing facility, and Mitchell Temporary, a South Dakota employment agency, on September 29, 2003 in the U.S. District Court for the District of South Dakota. The EEOC's complaint alleged that Mitchell and Dakota violated the Americans with Disabilities Act when they discriminated against the intervenor, who intervened in April 2004, based on a disability (deafness) when they failed to hire her and inst…

The EEOC's Denver district office sued Dakota Pork Industries, Inc., a South Dakota meat processing facility, and Mitchell Temporary, a South Dakota employment agency, on September 29, 2003 in the U.S. District Court for the District of South Dakota. The EEOC's complaint alleged that Mitchell and Dakota violated the Americans with Disabilities Act when they discriminated against the intervenor, who intervened in April 2004, based on a disability (deafness) when they failed to hire her and instead hired less qualified individuals without disabilities.

The EEOC and the defendants entered into two separate consent decrees on August 27, 2004, both of which are substantively identical. The consent decrees stipulated that Mitchell and Dakota would be enjoined from discriminating based on disability in the future, would their employees for compliance with the ADA, post a notice of compliance with the ADA, affirmatively hire hearing impaired individuals, and report to the EEOC semiannually for three years about compliance with the consent decree. The decree further stated that Mitchell and Dakota would pay $125,000 in damages, attorney's fees, and costs to the intervenor. The intervenor and the defendants were granted a stipulated dismissal, also on August 27, 2004.

The decree was entered in 2005 and scheduled to last 2007. No further docket entries exist, so the case is closed.

Summary Authors

Aaron Weismann (6/7/2007)

Clearinghouse (12/24/2018)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/23305143/parties/equal-employment-opportunity-commission-v-mitchell-temporary/


Judge(s)

Schreier, Karen E. (South Dakota)

Attorneys(s) for Plaintiff

Fuller, Ann Louise (Colorado)

Kittle, Rita Byrnes (Colorado)

Knudsen, Donald P. (South Dakota)

Kryger, Varla (South Dakota)

Mitchell, Joseph H. (Texas)

Weeks, Nancy A. (Colorado)

Attorneys(s) for Defendant

Arend, Denise (South Dakota)

Manolis, George M. (South Dakota)

Schraeder, Terry E. (Texas)

Judge(s)

Schreier, Karen E. (South Dakota)

Attorneys(s) for Plaintiff

Fuller, Ann Louise (Colorado)

Kittle, Rita Byrnes (Colorado)

Knudsen, Donald P. (South Dakota)

Kryger, Varla (South Dakota)

Mitchell, Joseph H. (Texas)

Weeks, Nancy A. (Colorado)

Attorneys(s) for Defendant

Arend, Denise (South Dakota)

Manolis, George M. (South Dakota)

Schraeder, Terry E. (Texas)

Theeler, John S. (South Dakota)

Vermeulen, Lynette (South Dakota)

Documents in the Clearinghouse

Document

4:03-cv-04222

Docket (PACER)

Equal Employment Opportunity Commission v. Mitchell Temporary et al

Sept. 12, 2005

Sept. 12, 2005

Docket
1

4:03-cv-04222

Complaint

Sept. 29, 2003

Sept. 29, 2003

Complaint
31

4:03-cv-04222

Intervenor's Complaint

April 1, 2004

April 1, 2004

Complaint
63

4:03-cv-04222

Consent Decree [Dakota Park]

Aug. 27, 2004

Aug. 27, 2004

Settlement Agreement
64

4:03-cv-04222

Consent Decree

Aug. 27, 2004

Aug. 27, 2004

Settlement Agreement
62

4:03-cv-04222

Order of Dismissal

Aug. 27, 2004

Aug. 27, 2004

Order/Opinion

4:03-cv-04222

EEOC Litigation Settlement Report August 2004

No Court

Aug. 27, 2004

Aug. 27, 2004

Press Release

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/23305143/equal-employment-opportunity-commission-v-mitchell-temporary/

Last updated Sept. 5, 2022, 3:19 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with Jury Demand, filed by Equal Employment Opportunity Commission.(SKM) (Entered: 09/29/2003)

Sept. 29, 2003

Sept. 29, 2003

RECAP
2

CIVIL COVER SHEET (SKM) (Entered: 10/22/2003)

Sept. 29, 2003

Sept. 29, 2003

PACER
3

NOTICE of Appearance by George N. Manolis on behalf of Dakota Pork Industries, Inc. (CLM, ) (Entered: 11/05/2003)

Nov. 5, 2003

Nov. 5, 2003

PACER
4

MOTION for attorney Terry Schraeder to Appear Pro Hac Vice by Dakota Pork Industries, Inc. (CLM, ) (Entered: 11/05/2003)

Nov. 5, 2003

Nov. 5, 2003

PACER
5

ORDER granting 4 Motion for Attorney Terry E. Schraeder to appear Pro Hac Vice; further Ordered that Terry E. Schraeder shall file a return and pay state sales tax pursuant to the laws of the state of South Dakota Signed by Judge Karen E. Schreier on 11/5/03. (CLM, ) (Entered: 11/06/2003)

Nov. 5, 2003

Nov. 5, 2003

PACER

PRO HAC VICE fee paid by Terry E. Schraeder (CLM, )

Nov. 5, 2003

Nov. 5, 2003

PACER
6

NOTICE of Waiver of Service of Summons by Dakota Pork Industries, Inc. (SLL, ) (Entered: 12/02/2003)

Dec. 1, 2003

Dec. 1, 2003

PACER
7

NOTICE of Waiver of Service of Summons by Denise K. Arend, Agent for Mitchell Temporary (SLL, ) (Entered: 12/02/2003)

Dec. 1, 2003

Dec. 1, 2003

PACER
8

NOTICE of Waiver of Service of Summons by Lynette G. Vermeulen, Agent for Mitchell Temporary (SLL, ) (Entered: 12/02/2003)

Dec. 1, 2003

Dec. 1, 2003

PACER
9

ANSWER to Complaint by Dakota Pork Industries, Inc..(JMM, ) (Entered: 12/24/2003)

Dec. 24, 2003

Dec. 24, 2003

PACER
10

MOTION to Sever by Dakota Pork Industries, Inc.. (JMM, ) (Entered: 12/24/2003)

Dec. 24, 2003

Dec. 24, 2003

PACER
11

MEMORANDUM in Support re 10 MOTION to Sever filed by Dakota Pork Industries, Inc.. (JMM, ) (Entered: 12/24/2003)

Dec. 24, 2003

Dec. 24, 2003

PACER
12

CERTIFICATE of Interested Parties by Dakota Pork Industries, Inc.. (JMM, ) (Entered: 01/02/2004)

Dec. 24, 2003

Dec. 24, 2003

PACER
13

ANSWER to Complaint with Jury Demand, CROSSCLAIM against Dakota Pork Industries, Inc. by Mitchell Temporary.(JMM, ) (Entered: 12/30/2003)

Dec. 30, 2003

Dec. 30, 2003

PACER
14

CERTIFICATE OF SERVICE by Mitchell Temporary re 12 Answer to Complaint, Crossclaim (JMM, ) (Entered: 12/30/2003)

Dec. 30, 2003

Dec. 30, 2003

PACER
15

RESPONSE/Resistance to Motion re 10 MOTION to Sever defendant Mitchell Temporary filed by Mitchell Temporary. (SLL, ) (Entered: 01/14/2004)

Jan. 14, 2004

Jan. 14, 2004

PACER
16

BRIEF by Defendant Mitchell Temporary 15 in Support of its Resistance/ Response to Motion to sever defenfant Mitchell Temporary. (SLL, ) (Entered: 01/14/2004)

Jan. 14, 2004

Jan. 14, 2004

PACER
17

CERTIFICATE OF SERVICE by Mitchell Temporary (SLL, ) (Entered: 01/14/2004)

Jan. 14, 2004

Jan. 14, 2004

PACER
18

MOTION to Extend Time to Respond to Motion to Sever 10 by Equal Employment Opportunity Commission. (RCL, ) (Entered: 01/14/2004)

Jan. 14, 2004

Jan. 14, 2004

PACER
19

ORDER granting 18 Motion to Extend . Signed by Judge Karen E. Schreier on 01/15/04. (KC, ) (Entered: 01/15/2004)

Jan. 15, 2004

Jan. 15, 2004

PACER
20

Confirmation of mailing NOE to non-ecf counsel (MWT, ) (Entered: 01/15/2004)

Jan. 15, 2004

Jan. 15, 2004

PACER
21

RESPONSE to Motion re 10 MOTION to Sever filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A)(CLM, ) (Entered: 01/23/2004)

Jan. 23, 2004

Jan. 23, 2004

PACER
22

REPLY to Motion Reponse re 10 MOTION to Sever filed by Dakota Pork Industries, Inc.. (SKM) (Entered: 02/06/2004)

Feb. 6, 2004

Feb. 6, 2004

PACER
23

First MOTION to Intervene as a Matter of Right by Varla Kryger. (Attachments: # 1 Exhibit Complaint of Varla Kryger)(Knudsen, Donald) (Entered: 03/03/2004)

March 3, 2004

March 3, 2004

PACER
24

MEMORANDUM in Support re 23 First MOTION to Intervene as a Matter of Right filed by Varla Kryger. (Knudsen, Donald) (Entered: 03/03/2004)

March 3, 2004

March 3, 2004

PACER
25

REPORT of Rule 26(f) Planning Meeting. (SKM) (Entered: 03/11/2004)

March 11, 2004

March 11, 2004

PACER
26

RULE 26 Disclosures by Dakota Pork Industries, Inc., Mitchell Temporary. (Attachments: # 1, application for employment; # 2welcome to Dakota Pork; # 3job analysis; # 4 ham packer)(JMM, ) (Entered: 03/15/2004)

March 15, 2004

March 15, 2004

PACER
27

RULE 26 Initial Disclosures by Mitchell Temporary. (SLL, ) (Entered: 03/16/2004)

March 16, 2004

March 16, 2004

PACER
28

CERTIFICATE OF SERVICE by Mitchell Temporary (SLL, ) (Entered: 03/16/2004)

March 16, 2004

March 16, 2004

PACER
29

ORDER granting 23 Motion to Intervene. Signed by Judge Karen E. Schreier on 04/01/04. (KC, ) (Entered: 04/01/2004)

April 1, 2004

April 1, 2004

PACER
31

INTERVENOR COMPLAINT, filed by Varla Kryger.(RCL, ) (Entered: 04/02/2004)

April 1, 2004

April 1, 2004

PACER
32

Summons Issued for Intervenor Complaint as to Mitchell Temporary (one summons %Denise Arend, one summons %Lynette Vermeulen). Summons hand delivered to Intervenor Plaintiff's attorney. (RCL, ) (Entered: 04/02/2004)

April 1, 2004

April 1, 2004

PACER
33

Summons Issued for Intervenor Complaint as to Dakota Pork Industries, Inc.. Summons hand delivered to Intervenor Plaintiff's attorney. (RCL, ) (Entered: 04/02/2004)

April 1, 2004

April 1, 2004

PACER
34

CERTIFICATE OF SERVICE by Mitchell Temporary (SLL, ) (Entered: 04/16/2004)

April 16, 2004

April 16, 2004

PACER
35

ANSWER to Intervenor Complaint by Dakota Pork Industries, Inc..(SLL, ) (Entered: 04/22/2004)

April 22, 2004

April 22, 2004

PACER
36

SCHEDULING ORDER: Discovery due by 12/31/2004. Motions due by 1/28/2005. Signed by Judge Karen E. Schreier on 04/23/04. (KC, ) (Entered: 04/23/2004)

April 23, 2004

April 23, 2004

PACER
37

RETURN OF SERVICE Executed upon Defendant Dakota Pork Industries, Inc., served on CT Corporation System as Registered Agent for Dakota Pork Industries (BBH, ) (Entered: 04/26/2004)

April 26, 2004

April 26, 2004

PACER
38

RETURN OF SERVICE Executed upon Defendant Mitchell Temporary, served on Lynnette Vermeulen (BBH, ) (Entered: 04/26/2004)

April 26, 2004

April 26, 2004

PACER
40

RETURN OF SERVICE Executed upon Defendant Mitchell Temporary, served on Denise Arend (BBH, ) (Entered: 04/30/2004)

April 29, 2004

April 29, 2004

PACER
41

ANSWER to Intervenor Complaint 31, CROSSCLAIM against Dakota Pork Industries, Inc. and Jur Demand by Mitchell Temporary(DJP) (Entered: 05/13/2004)

May 13, 2004

May 13, 2004

PACER
42

CERTIFICATE OF SERVICE by Mitchell Temporary (DJP) (Entered: 05/13/2004)

May 13, 2004

May 13, 2004

PACER
43

ORDER denying 10 Motion to Sever Signed by Judge Karen E. Schreier on 6/18/04. (CLM, ) (Entered: 06/18/2004)

June 18, 2004

June 18, 2004

PACER
45

MOTION for Summary Judgment and alternative MOTION for Partial Summary Judgment on Mitchell Temporary Services Cross Claims by Dakota Pork Industries, Inc.. (Attachments: # 1 Exhibit Exhibit A - Mitchell Temporary Services Contract# 2 Exhibit Exhibit B - Affidavit of Dan Jarabek)(SLL, ) (Entered: 06/22/2004)

June 22, 2004

June 22, 2004

PACER
46

MEMORANDUM in Support re 45 MOTION for Summary Judgment and alternative MOTION for Partial Summary Judgment on Mitchell Temporary Services Cross Claims filed by Dakota Pork Industries, Inc.. (Attachments: # 1 Exhibit Exhibit A - Mitchell Temporary Services Contract# 2 Exhibit Exhibit B - Affidavit of Dan Jarabek)(SLL, ) (Entered: 06/22/2004)

June 22, 2004

June 22, 2004

PACER
47

APPLICATION AND AFFIDAVIT for Default Judgment by Defendant Mitchell Temporary. (SKM) (Entered: 07/06/2004)

July 6, 2004

July 6, 2004

PACER
48

MEMORANDUM of Law in support by Defendant Mitchell Temporary 47 Application for Default Judgment. (SKM) (Entered: 07/06/2004)

July 6, 2004

July 6, 2004

PACER
49

NOTICE of Hearing by Mitchell Temporary of Application for Default Judgment (SKM) (Entered: 07/06/2004)

July 6, 2004

July 6, 2004

PACER
50

CERTIFICATE OF SERVICE by Mitchell Temporary (SKM) (Entered: 07/06/2004)

July 6, 2004

July 6, 2004

PACER
51

RESPONSE/RESISTANCE to Motion re 45 MOTION for Partial Summary Judgment MOTION for Summary Judgment filed by Mitchell Temporary. (Attachments: # 1Affidavit of Denise Arend; # 2Affidavit of Lynette Vermeulen)(JMM, ) (Entered: 07/08/2004)

July 8, 2004

July 8, 2004

PACER
52

MEMORANDUM in Opposition re 45 MOTION for Partial Summary Judgment MOTION for Summary Judgment MOTION for Summary Judgment filed by Mitchell Temporary. (Attachments: # 1Affidavit of Denise Arend; # 2Affidavit of Lynette Vermeulen; # 3Mitchell Temporary contract)(JMM, ) (Entered: 07/08/2004)

July 8, 2004

July 8, 2004

PACER
53

STATEMENT OF MATERIAL FACTS re 51 Response to Motion, 52 Memorandum in Opposition to Motion, by Defendant Mitchell Temporary, Cross Claimants Mitchell Temporary, Mitchell Temporary. (JMM, ) (Entered: 07/08/2004)

July 8, 2004

July 8, 2004

PACER
54

CERTIFICATE OF SERVICE by Mitchell Temporary re 51 Response to Motion, 52 Memorandum in Opposition to Motion,, 53 Statement of Material Facts (JMM, ) (Entered: 07/08/2004)

July 8, 2004

July 8, 2004

PACER

NOTICE of filing error - Dakota Pork Industries Motion For Leave was deleted as Local Counsel had not signed pleadings. (CLM, )

July 8, 2004

July 8, 2004

PACER
55

MOTION for Leave to file its Answer to All Cross Claims Asserted by Defendant Mitchell Temporary by Dakota Pork Industries, Inc.. (Attachments: # 1 Proposed Order for Leave to file Answer to All Cross Claims Asserted by Defendant Mitchell Temporary# 2 Affidavit Terry E. Schraeder# 3 Exhibit A - Complaint and Jury Trial Demand# 4 Exhibit B - Defendant Dakota Pork Industries' Answer to Plaintiff's Complaint# 5 Exhibit C - Intervenor's Complaint# 6 Exhibit D - Defendant Dakota Port Industries' Original Answer to Intervenor's Complaint# 7 Exhibit E - Defendant Dakota Pork Industries' Original Anser to all Cross-Claims Asserted by Third Party Plaintiff Mitchell Temporary# 8 Exhibit F - Dakota Pork Industries' Motion for Summary Judgment and Alternative Motion for Partial Summary Judgment on Mitchell Temporary Services Cross Claims)(CLM, ) (Entered: 07/13/2004)

July 13, 2004

July 13, 2004

PACER
56

RESPONSE to Application to Set Aside Entry of Default 47 Request filed by Dakota Pork Industries, Inc.. (Attachments: # 1 Proposed Order granting Dakota Pork Industries' Motion to Set Aside Entry of Default# 2 Exhibit B - Dakota Pork Industries' Motion for Summary Judgment and Alternative Motion for Partial Summary Judgment on Mitchell Temporary Services Cross Claims# 3 Exhibit C - Defendant Pork Industries' Original Answer to all Cross-Claims Asserted by Third Party Plaintiff Mitchell Temporary# 4 Exhibit C - Letter dated 6/7/04 from Theeler to Counsel Re: Mediation# 5 Affidavit Terry E. Schraeder# 6 Exhibit E - Defendant Dakota Pork Industries' Motion to Sever Defendant Mitchell Temporary# 7 Exhibit F - Letter dated 3/10/03 from Ward to Office of the Clerk Re: Joint Discovery/Case Mangement Plan Under Rule 26(f) of the Federal Rules of Civil Procedure# 8 Exhibit G - Defendant Dakota Pork Industries' Answers to Mitchell Temporary's First Set of Interrogatories and Response to First Request for Production# 9 Exhibit H - Letter dated 2/19/04 Ward to Counsel Re: Joint Case Management Plan# 10 Exhibit I - Letter dated 6/16/04 from Magistrate Judge Simko to Counsel re: Mediation)(CLM, ) (Entered: 07/13/2004)

2

View on RECAP

July 13, 2004

July 13, 2004

PACER
57

REPLY to Motion Reponse re 45 MOTION for Partial Summary Judgment MOTION for Summary Judgment MOTION for Summary Judgment filed by Dakota Pork Industries, Inc.. (RCL, ) (Entered: 07/16/2004)

July 16, 2004

July 16, 2004

PACER
58

ANSWER to Crossclaim by Dakota Pork Industries, Inc..(RCL, ) (Entered: 07/16/2004)

July 16, 2004

July 16, 2004

PACER
59

MOTION to Extend Expert Witness Deadlines by Equal Employment Opportunity Commission. (Kittle, Rita) (Entered: 07/16/2004)

July 16, 2004

July 16, 2004

PACER
60

ORDER granting 59 Motion to Extend expert deadlines. Signed by Judge Karen E. Schreier on 07/19/04. (KC, ) (Entered: 07/19/2004)

July 19, 2004

July 19, 2004

PACER
62

MOTION (STIPULATION) to Dismiss claims pending against Dakota Pork Industries and Mitchell Temporary brought by Intervenor Varla Kryger. Filed by Dakota Pork Industries, Inc., Varla Kryger, Mitchell Temporary. (RCL, ) (Entered: 08/27/2004)

Aug. 27, 2004

Aug. 27, 2004

PACER
63

CONSENT DECREE (Dakota Pork) re 62 MOTION to Dismiss filed by Dakota Pork Industries, Inc., Mitchell Temporary, Varla Kryger. Signed by Judge Karen E. Schreier on 8/27/04. (RCL, ) (Entered: 08/27/2004)

Aug. 27, 2004

Aug. 27, 2004

RECAP
64

CONSENT DECREE (Mitchell Temporary) re 62 MOTION to Dismiss filed by Dakota Pork Industries, Inc., Mitchell Temporary, Varla Kryger. Signed by Judge Karen E. Schreier on 8/27/04. (RCL, ) (Entered: 08/27/2004)

Aug. 27, 2004

Aug. 27, 2004

PACER
65

ORDER granting 62 Motion (Stipulation) to Dismiss . Signed by Judge Karen E. Schreier on 8/27/04. (RCL, ) (Entered: 08/27/2004)

Aug. 27, 2004

Aug. 27, 2004

RECAP

MAILING Original File to Clerk's Office in Sioux Falls, SD (JLH, )

Sept. 12, 2005

Sept. 12, 2005

PACER

Case Details

State / Territory: South Dakota

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 29, 2003

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

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

Plaintiff Type(s):

Private Plaintiff

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Mitchell Temporary (Mitchell, SD), Private Entity/Person

Dakota Pork Industries, Inc. (Mitchell, SD), Private Entity/Person

Mitchell Temporary (Mitchell, SD), Private Entity/Person

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

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: 125000

Order Duration: 2004 - 2007

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Other requirements regarding hiring, promotion, retention

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Recordkeeping

Goals (e.g., for hiring, admissions)

Issues

General:

Disparate Treatment

Discrimination-area:

Hiring

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Hearing impairment

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit