Case: EEOC v. COTT BEVERAGES USA, INC.

5:00-cv-00694 | U.S. District Court for the Eastern District of North Carolina

Filed Date: Sept. 20, 2000

Closed Date: Jan. 30, 2001

Clearinghouse coding complete

Case Summary

This case was brought by the Charlotte District Office in the Eastern District of North Carolina. The defendant was Cott Beverage USA, a company that produces and distributes a wide variety of carbonated beverages. The EEOC brought its claim in September of 2000 alleging violations of the Equal Pay Act and Title VII as a result of the company paying its only female supervisor wages that were lower than those paid to the males.

The case was settled with a consent decree in January 2001. The complainant received damages in the amount of $15,569. The three year consent decree required a one-time training program, posting of notice, and semi-annual reporting requirements.

Summary Authors

Kevin Wilemon (6/18/2007)

Documents in the Clearinghouse

Document

5:00-cv-00694

Docket (PACER)

Equal Employment v. Cott Beverage USA, Inc.

May 20, 2003

May 20, 2003

Docket
1

5:00-cv-00694

Complaint

Equal Employment Opportunity Commission v. Cott Beverage USA, Inc.

Sept. 20, 2000

Sept. 20, 2000

Complaint
3

5:00-cv-00694

Consent Decree

Equal Employment Opportunity Commission v. Cott Beverages USA, Inc.

Jan. 30, 2001

Jan. 30, 2001

Settlement Agreement

Resources

Docket

Last updated Sept. 4, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

Complaint filed under Equal Pay Act, Title VII; JURY TRIAL DEMANDED; requesting permanent injunctions from engaging in the payment of unequal wages on the basis of sex and from discriminating within any of its establishments between employees on the basis of sex. Notice of Lawsuit and Request for Waiver of Service of Summons attached (not scanned). (fdc) (Entered: 09/22/2000)

Sept. 20, 2000

Sept. 20, 2000

(fdc) (Entered: 09/22/2000)

Sept. 20, 2000

Sept. 20, 2000

2

Waiver of Service Returned Executed as to Cott Beverage USA, Inc. on 9/20/00 Answer due on 11/19/00 for Cott Beverage USA, Inc. Noted that waiver did not contain original signature, phoned counsel and inquired. Will try to obtain original sign. to be inserted. (fdc) Modified on 10/17/2000 (Entered: 10/17/2000)

Oct. 12, 2000

Oct. 12, 2000

Letter From: Kerith Cohen Re: Original Waiver of Service of Summons; inserted into document at docket entry #2. (fdc) (Entered: 10/25/2000)

Oct. 25, 2000

Oct. 25, 2000

Received Consent Decree signed by the parties. Will forward to Judge Fox for review and consideration. (fdc) (Entered: 12/12/2000)

Dec. 11, 2000

Dec. 11, 2000

Received the parties proposed consent decree. Will forward to Judge Fox to review and consider. (se) (Entered: 01/25/2001)

Jan. 25, 2001

Jan. 25, 2001

Case submitted to: Judge James C. Fox for review and consideration of the parties consent decree. (se) (Entered: 01/25/2001)

Jan. 25, 2001

Jan. 25, 2001

CASE FILE RETURNED from: Judge James C. Fox (fdc) (Entered: 01/30/2001)

Jan. 30, 2001

Jan. 30, 2001

3

Consent judgment (Decree); The parties have advised this Court that they desire to resolve the allegations in the Complaint without the burden, expense, and delay of further litigation. This Decree shall not constitute an adjudication on the merits of the Commission's case and shall not be construed as an admission by Defendant of any discriminatory practice. See Decree for remaining particulars at Items 1-9. 10. The term of this Decree shall be for three (3) years from its entry by the Court. This Court retains ijurisdiction of this case during that three-year period for entry of such further orders as may become necessary or appropriate upon proper motion of a party. 11. By entering into this agreement, Defendant does not admit that it has engaged in any unlawful conduct. All parties agree that entry of this Consent Decree does not constitute any finding as to or admission of liability for any unlawful conduct. Signed by Judge James C. Fox. OB Ref: FOXOB#22, P. 91. cc: counsel of record, Zoe Mahood; B. Fishman, M. Weinstein and Kerith Cohen. (fdc) (Entered: 01/31/2001)

Jan. 30, 2001

Jan. 30, 2001

Case closed NP (fdc) (Entered: 01/31/2001)

Jan. 30, 2001

Jan. 30, 2001

Case file sent to Raleigh Clerks office for storage (se) (Entered: 05/22/2003)

May 20, 2003

May 20, 2003

Case Details

State / Territory: North Carolina

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

IWPR/Wage Project Consent Decree Study

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 20, 2000

Closing Date: Jan. 30, 2001

Case Ongoing: No

Plaintiffs

Plaintiff Description:

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

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

Cott Beverage USA, Inc. (Wilson, North Carolina), Private Entity/Person

Case Details

Causes of Action:

Equal Pay Act, 29 U.S.C. § 206(d)

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: 15569

Order Duration: 2001 - 2004

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Monitoring

Issues

General:

Disparate Treatment

Discrimination-area:

Pay / Benefits

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits