Case: EEOC v. SOUTHWESTERN BELL TELEPHONE, L.P. DBA A.T. & T. SOUTHWEST AN

3:06-cv-00176 | U.S. District Court for the Eastern District of Arkansas

Filed Date: Sept. 28, 2006

Closed Date: Dec. 19, 2007

Clearinghouse coding complete

Case Summary

In September 2006, the Little Rock Area Office and Memphis Office of the EEOC brought this lawsuit against Southwestern Bell Telephone LP, doing business as AT&T Southwest and SBC Communications, in the U.S. District Court for the Eastern District of Arkansas alleging discrimination on the basis of religion, Jehovah's Witness, in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the two complaining parties were unlawfully discharged from their pos…

In September 2006, the Little Rock Area Office and Memphis Office of the EEOC brought this lawsuit against Southwestern Bell Telephone LP, doing business as AT&T Southwest and SBC Communications, in the U.S. District Court for the Eastern District of Arkansas alleging discrimination on the basis of religion, Jehovah's Witness, in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the two complaining parties were unlawfully discharged from their positions following their unexcused leave from work to attend a religious convention. Following discovery and a failed motion for summary judgment by the defendant in October 2007, the case was tried by a jury in October 2007. The jury found in favor of the plaintiffs. The defendant was required: provide reinstatement and retroactive seniority for the complainants, refrain from discrimination, pay $756,000 to be distributed among two complaining parties, and pay $2,700.15 in fees and costs. The defendant and EEOC filed for an appeal from this judgment to the U.S. Court of Appeals for the 8th Circuit in January and February of 2008. We do not have a copy of the outcomes from these appeals; therefore, the final disposition of the U.S. Court of Appeals for the 8th Circuit is unknown.

Summary Authors

Daisy Manning (4/15/2008)

Documents in the Clearinghouse

Document

3:06-cv-00176

Docket [PACER]

EEOC v. Southwestern Bell Telephone, L.P

Feb. 22, 2008

Feb. 22, 2008

Docket

08-01096

Docket - 8th Circuit Court of Appeals

EEOC v. Southwestern Bell Telephone

U. S. Court of Appeals for the Eighth Circuit

Feb. 26, 2008

Feb. 26, 2008

Docket
1

3:06-cv-00176

Complaint

EEOC v. Southwestern Bell Telephone, L.P. d/b/a A.T.&T. Southwest and SBC Communications

Sept. 28, 2006

Sept. 28, 2006

Complaint
32

3:06-cv-00176

Opinion and Order

EEOC v. Southwestern Bell Telephone, L.P

2007 WL 2891379

Oct. 3, 2007

Oct. 3, 2007

Order/Opinion
43

3:06-cv-00176

Judgment

EEOC v. Southwestern Bell Telephone, L.P

Oct. 23, 2007

Oct. 23, 2007

Order/Opinion
52

3:06-cv-00176

Order

EEOC v. Southwestern Bell Telephone, L.P

Dec. 19, 2007

Dec. 19, 2007

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5253668/equal-employment-opportunity-commission-v-southwestern-bell-telephone/

Last updated Aug. 1, 2022, 3:07 a.m.

ECF Number Description Date Link Date / Link

***Set Flags: "Jury" & Magistrate. (jct) (Entered: 09/28/2006)

Sept. 28, 2006

Sept. 28, 2006

32

OPINION AND ORDER denying 13 Deft's Motion for Summary Judgment. Signed by Judge J. Leon Holmes on 10/3/07. (jct)

Oct. 3, 2007

Oct. 3, 2007

RECAP
1

COMPLAINT with jury demand against Southwestern Bell Telephone, L.P. , filed by Equal Employment Opportunity Commission. (Filing fee waived; no summons issued)(jct) (Entered: 09/28/2006)

Sept. 28, 2006

Sept. 28, 2006

36

ORDER granting in part and denying in part 30 Plaintiff's Motion in Limine regarding testimony of Glenn Owen. Signed by Judge J. Leon Holmes on 10/9/07. (jct)

Oct. 9, 2007

Oct. 9, 2007

RECAP
43

JUDGMENT, pursuant to 42 Jury Verdict, in favor of Equal Employment Opportunity Commission against Southwestern Bell Telephone, L.P. in the amount of $756,000, with interest to accrue at the rate of 4.14% per annum from this day forward. The Court will retain jurisdiction to consider what equitable relief, if any, should be granted. Signed by Judge J. Leon Holmes on 10/23/07. (jct)

Oct. 23, 2007

Oct. 23, 2007

RECAP
2

ORDER REASSIGNING CASE to Judge J. Leon Holmes for all further proceedings. Judge James M. Moody no longer assigned to case.(bfw) (Entered: 10/03/2006)

Oct. 3, 2006

Oct. 3, 2006

4

ANSWER to Complaint by Southwestern Bell Telephone, L.P..(Freeland, Byron) (Entered: 11/30/2006)

Nov. 30, 2006

Nov. 30, 2006

50

ORDER granting 44 Motion for Bill of Costs. Costs shall be taxed in favor of the Equal Employment Opportunity Commission against Southwestern Bell Telephone, L.P. in the amount of $2,700.15. Signed at Direction of the Court by Cory Wilkins on 12/12/07. (jct)

Dec. 12, 2007

Dec. 12, 2007

RECAP
5

NOTICE of Appearance by Byron L. Freeland on behalf of Southwestern Bell Telephone, L.P. (Freeland, Byron) (Entered: 11/30/2006)

Nov. 30, 2006

Nov. 30, 2006

6

INITIAL SCHEDULING ORDER (DOC): Rule 26(f) Conference to occur by 2/7/2007; Rule 26(f) Report due by 2/21/2007; proposed jury trial date the week of 6/18/2007 in Jonesboro, Arkansas.(cdw) (Entered: 12/01/2006)

Dec. 1, 2006

Dec. 1, 2006

7

REPORT of Rule 26(f) Planning Meeting by Equal Employment Opportunity Commission (Cash, William) (Entered: 02/20/2007)

Feb. 20, 2007

Feb. 20, 2007

8

FINAL SCHEDULING ORDER (DOC): Jury Trial set for the week of 6/18/2007 at 9:15 AM in Jonesboro, Courtroom (large) #324 before Chief Judge J. Leon Holmes; Discovery due by 4/5/2007; Pretrial Disclosure Sheet due by 5/29/2007; Status Report due by 4/19/2007.(cdw) (Entered: 03/20/2007)

March 20, 2007

March 20, 2007

9

Joint MOTION to Continue by Equal Employment Opportunity Commission (Cash, William) (Entered: 03/22/2007)

March 22, 2007

March 22, 2007

10

ORDER granting 9 Joint Motion to Continue. The 6/18/07 trial date is removed from the Court's docket. A new trial date & scheduling deadlines will be set by separate order. Signed by Judge J. Leon Holmes on 3/22/07. (jct) (Entered: 03/22/2007)

March 22, 2007

March 22, 2007

11

AMENDED FINAL SCHEDULING ORDER (DOC): Jury Trial reset for the week of 10/15/2007 at 9:15 AM in Jonesboro, Courtroom (large) #324 before Chief Judge J. Leon Holmes; Discovery due by 8/2/2007; Pretrial Disclosure Sheet due by 9/25/2007; Status Report due by 8/16/2007.(cdw) (Entered: 03/27/2007)

March 27, 2007

March 27, 2007

12

NOTICE of Appearance by Jeffrey L. Spillyards on behalf of Southwestern Bell Telephone, L.P. (Spillyards, Jeffrey) (Entered: 08/16/2007)

Aug. 16, 2007

Aug. 16, 2007

13

MOTION for Summary Judgment by Southwestern Bell Telephone, L.P. (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)(Spillyards, Jeffrey) (Entered: 08/16/2007)

Aug. 16, 2007

Aug. 16, 2007

14

BRIEF IN SUPPORT filed by Southwestern Bell Telephone, L.P. re 13 Motion for Summary Judgment (Spillyards, Jeffrey) (Entered: 08/16/2007)

Aug. 16, 2007

Aug. 16, 2007

15

STATEMENT OF FACTS (Local Rule 56.1) re 13 Motion for Summary Judgment filed by Southwestern Bell Telephone, L.P.. (Spillyards, Jeffrey) (Entered: 08/16/2007)

Aug. 16, 2007

Aug. 16, 2007

16

STATUS REPORT by Equal Employment Opportunity Commission, Southwestern Bell Telephone, L.P. (Spillyards, Jeffrey) (Entered: 08/16/2007)

Aug. 16, 2007

Aug. 16, 2007

18

MOTION for Extension of Time to File Response/Reply as to 13 MOTION for Summary Judgment filed August 16, 2007 by defendant, Southwestern Bell Telephone, L.P. d/b/a AT&T Southwest and SBC Communications, by Equal Employment Opportunity Commission (Cash, William) (Entered: 08/22/2007)

Aug. 22, 2007

Aug. 22, 2007

19

ORDER granting 18 Motion for Extension of Time to File Response. Pltf's response deadline to 13 Deft's Motion for Summary Judgment is extended to 9/7/07. Signed by Judge J. Leon Holmes on 8/22/07. (jct) (Entered: 08/22/2007)

Aug. 22, 2007

Aug. 22, 2007

20

Second MOTION for Extension of Time to File Response/Reply as to 13 MOTION for Summary Judgment (Defendant has no objection to the extension) by Equal Employment Opportunity Commission (Cash, William) (Entered: 09/05/2007)

Sept. 5, 2007

Sept. 5, 2007

21

ORDER granting 20 Motion for Extension of Time to File Response, re 13 MOTION for Summary Judgment. Plaintiff's response deadline is extended until 9/14/07. Signed by Judge J. Leon Holmes on 9/6/07. (jct) (Entered: 09/07/2007)

Sept. 6, 2007

Sept. 6, 2007

22

BRIEF IN SUPPORT filed by Equal Employment Opportunity Commission re 24 Response to Motion for Summary Judgment. (Cash, William) (Docket entry modified on 9/17/2007 to correct linkage and the description of the document filed.) (thd) (Entered: 09/14/2007)

Sept. 14, 2007

Sept. 14, 2007

23

RESPONSE re 15 Statement of Facts (Local Rule 56.1) . Plaintiff's Response To Defendant's Statement of Undisputed Facts by Equal Employment Opportunity Commission (Cash, William) (Entered: 09/14/2007)

Sept. 14, 2007

Sept. 14, 2007

24

RESPONSE to Motion re 13 MOTION for Summary Judgment . Plaintiff's Response To Defendant's Motion For Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1 thru 2# 2 Exhibit 3 thru 4# 3 Exhibit 5 thru 8# 4 Exhibit 9 thru 24)(Cash, William) (Entered: 09/14/2007)

Sept. 14, 2007

Sept. 14, 2007

NOTICE OF DOCKET CORRECTION re: 22 Brief in Support. CORRECTION: The docket entry was modified to correct the linkage and the description of the document filed as "Brief in Support of Response to Motion for Summary Judgment." (thd) (Entered: 09/17/2007)

Sept. 17, 2007

Sept. 17, 2007

25

MOTION for Leave to File Reply Brief by Southwestern Bell Telephone, L.P. (Spillyards, Jeffrey) (Entered: 09/20/2007)

Sept. 20, 2007

Sept. 20, 2007

26

ORDER granting 25 Motion for Leave to File Reply Brief. Defendant must file its reply brief on or before 9/27/07. Signed by Judge J. Leon Holmes on 9/20/07. (jct) (Entered: 09/21/2007)

Sept. 20, 2007

Sept. 20, 2007

27

PRETRIAL DISCLOSURE SHEET by Southwestern Bell Telephone, L.P. (Freeland, Byron) (Entered: 09/25/2007)

Sept. 25, 2007

Sept. 25, 2007

28

PRETRIAL DISCLOSURE SHEET . Plaintiff's Pretrial Disclosures by Equal Employment Opportunity Commission (Cash, William) (Entered: 09/25/2007)

Sept. 25, 2007

Sept. 25, 2007

30

MOTION in Limine Regarding Glenn Owen by Equal Employment Opportunity Commission (Cash, William) (Entered: 10/01/2007)

Oct. 1, 2007

Oct. 1, 2007

31

BRIEF IN SUPPORT filed by Equal Employment Opportunity Commission re 30 Motion in Limine (Cash, William) (Entered: 10/01/2007)

Oct. 1, 2007

Oct. 1, 2007

33

TRIAL BRIEF by Southwestern Bell Telephone, L.P.(Spillyards, Jeffrey) (Entered: 10/05/2007)

Oct. 5, 2007

Oct. 5, 2007

34

TRIAL BRIEF (Plaintiff EEOC's) by Equal Employment Opportunity Commission(Cash, William) (Entered: 10/05/2007)

Oct. 5, 2007

Oct. 5, 2007

35

RESPONSE to Motion re 30 MOTION in Limine Regarding Glenn Owen Defendant's Response to Plaintiff's Motion in Limine Regarding Glenn Owen filed by Southwestern Bell Telephone, L.P.. (Spillyards, Jeffrey) (Entered: 10/08/2007)

Oct. 8, 2007

Oct. 8, 2007

37

AMENDED SCHEDULING ORDER: Jury Trial before Chief Judge J. Leon Holmes set for 10/15/2007 is rescheduled to begin at 1:15 PM in Jonesboro Courtroom #324. Signed by Judge J. Leon Holmes on 10/10/07. (jct) (Entered: 10/10/2007)

Oct. 10, 2007

Oct. 10, 2007

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) Minute entry for proceedings held before Judge J. Leon Holmes: Jury Trial (DAY 1) held on Monday, 10/15/2007 in Jonesboro; William Cash, Darin Tuggle present for plaintiff; Byron Freeland, Tim Pickering present for defendant; voir dire by Court and counsel; peremptory strikes exercised; jury of 12 seated and sworn; opening statements by counsel for plaintiff and counsel for defendant; plaintiff's proof begins. (Court Reporter Genie Power) (cdw) (Entered: 10/16/2007)

Oct. 15, 2007

Oct. 15, 2007

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) Minute proceedings held before Judge J. Leon Holmes: Jury Trial (DAY 2) held on Tuesday, 10/16/2007 in Jonesboro; plaintiff's proof continues. (Court Reporter Genie Power) (cdw) (Entered: 10/17/2007)

Oct. 16, 2007

Oct. 16, 2007

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) Minute entry for proceedings held before Judge J. Leon Holmes: Jury Trial (DAY 3) held on Wednesday, 10/17/2007 in Jonesboro; plaintiff's proof concludes. (Court Reporter Genie Power) (cdw) (Entered: 10/18/2007)

Oct. 17, 2007

Oct. 17, 2007

38

Jury Instructions given by the Court. (cdw) (Entered: 10/22/2007)

Oct. 18, 2007

Oct. 18, 2007

39

Proffered Jury Instructions by Equal Employment Opportunity Commission (cdw) (Entered: 10/22/2007)

Oct. 18, 2007

Oct. 18, 2007

40

Proffered Jury Instruction by Southwestern Bell Telephone, L.P. (cdw) (Entered: 10/22/2007)

Oct. 18, 2007

Oct. 18, 2007

41

Minute entry for proceedings held before Judge J. Leon Holmes: Jury Trial (DAY 5) held on Friday, 10/19/2007 in Jonesboro; jurors resume deliberations at 9:00 a.m.; fed lunch at 12:30 p.m.; announce verdict in favor of plaintiffs at 1:22 p.m.; jurors excused from service, Court adjourned. (Court Reporter Cheryl Nelson) (cdw) (Entered: 10/22/2007)

Oct. 19, 2007

Oct. 19, 2007

42

JURY VERDICT finding in favor of plaintiffs (cdw) (Entered: 10/22/2007)

Oct. 19, 2007

Oct. 19, 2007

44

MOTION for Bill of Costs by Equal Employment Opportunity Commission (Attachments: # 1 Exhibit Exhibits A and B)(Cash, William) (Entered: 10/25/2007)

Oct. 25, 2007

Oct. 25, 2007

45

TRANSCRIPT of Voir Dire (1 Volume) held on October 15, 2007 before Judge J. Leon Holmes. Court Reporter: Eugenie M. Power. (mkf) (Entered: 11/30/2007)

Nov. 30, 2007

Nov. 30, 2007

46

TRANSCRIPT of Trial (Vol. #1) held on October 15, 2007 before Judge J. Leon Holmes. Court Reporter: Eugenie M. Power. (mkf) (Entered: 11/30/2007)

Nov. 30, 2007

Nov. 30, 2007

47

TRANSCRIPT of Trial (Vol. #2) held on October 16, 2007 before Judge J. Leon Holmes. Court Reporter: Eugenie M. Power. (mkf) (Entered: 11/30/2007)

Nov. 30, 2007

Nov. 30, 2007

48

TRANSCRIPT of Trial (Vol. #3) held on October 17, 2007 before Judge J. Leon Holmes. Court Reporter: Eugenie M. Power. (mkf) (Entered: 11/30/2007)

Nov. 30, 2007

Nov. 30, 2007

49

TRANSCRIPT of Trial (Vol. #4) held on October 18-19, 2007 before Judge J. Leon Holmes. Court Reporter: Eugenie M. Power. (mkf) (Entered: 11/30/2007)

Nov. 30, 2007

Nov. 30, 2007

54

MOTION to Withdraw as Attorney (Proposed Order submitted) by Equal Employment Opportunity Commission (Tuggle, Darin) (Entered: 12/19/2007)

Dec. 19, 2007

Dec. 19, 2007

55

ORDER granting 54 Motion to Withdraw as Attorney. Attorney Terry Beck terminated. Signed by Chief Judge J. Leon Holmes on 12/20/07. (jct) (Entered: 12/20/2007)

Dec. 20, 2007

Dec. 20, 2007

56

NOTICE OF APPEAL with Appeal Information form "A" as to 52 Order, 32 Order on Motion for Summary Judgment, 43 Judgment, 50 Order on Motion for Bill of Costs, by Southwestern Bell Telephone LP. Filing fee $ 455, receipt number JONOOO292. (dac) (Entered: 01/08/2008)

Jan. 8, 2008

Jan. 8, 2008

57

NOTIFICATION OF APPEAL and NOA SUPPLEMENT as to 52 Order 32 Order on Motion for Summary Judgment, 43 Judgment, 50 Order on Motion for Bill of Costs, 56 Notice of Appeal, by Southwestern Bell Telephone LP. (NOTIFICATION TO COUNSEL: REQUEST FOR TRANSCRIPTS SHOULD BE FILED WITH THE DISTRICT COURT CLERK. FORM A & B SHOULD BE SUBMITTED TO EIGHTH CIRCUIT COURT OF APPEALS CLERK'S OFFICE). (dac) (Entered: 01/08/2008)

Jan. 8, 2008

Jan. 8, 2008

58

TRANSCRIPT REQUEST by Southwestern Bell Telephone LP (Freeland, Byron) (Entered: 01/08/2008)

Jan. 8, 2008

Jan. 8, 2008

59

MOTION to Stay Motion for Stay Upon Appeal by Southwestern Bell Telephone LP (Attachments: # 1 Exhibit A - Bond)(Freeland, Byron) (Entered: 01/08/2008)

Jan. 8, 2008

Jan. 8, 2008

60

ORDER granting 59 Motion to Stay. Signed by Chief Judge J. Leon Holmes on 1/9/08. (dac) (Entered: 01/09/2008)

Jan. 9, 2008

Jan. 9, 2008

61

USCA Docketing Letter and Briefing Schedule as to 56 Notice of Appeal, filed by Southwestern Bell Telephone LP. USCA Case Number 08-1096 Transcript due by 2/19/2008 (dac) (Entered: 01/10/2008)

Jan. 10, 2008

Jan. 10, 2008

62

Transmitted Record on Appeal to US Court of Appeals: 5 volumes of jury trial transcripts re 56 Notice of Appeal, (dac) (Entered: 01/15/2008)

Jan. 15, 2008

Jan. 15, 2008

63

NOTICE OF APPEAL as to 52 Order,,, 43 Judgment, by Equal Employment Opportunity Commission. (Cash, William) (Entered: 02/14/2008)

Feb. 14, 2008

Feb. 14, 2008

64

NOTIFICATION OF APPEAL and NOA SUPPLEMENT as to 52 Order, 43 Judgment, 63 Notice of Appeal by Equal Employment Opportunity Commission. (dac) (Entered: 02/14/2008)

Feb. 14, 2008

Feb. 14, 2008

66

USCA Docketing Letter as to 63 Notice of Appeal filed by Equal Employment Opportunity Commission. USCA Case Number 08-1417 (dac) (Entered: 02/22/2008)

Feb. 22, 2008

Feb. 22, 2008

67

USCA Scheduling Order as to 63 Notice of Appeal filed by Equal Employment Opportunity Commission, 56 Notice of Appeal, filed by Southwestern Bell Telephone LP. (dac) (Entered: 02/22/2008)

Feb. 22, 2008

Feb. 22, 2008

52

ORDER, re 43 Judgment, that Defendant is enjoined from engaging in any employment practice which discriminates on the basis of religion. Defendant is directed to reinstate Glenn Owen & Joe Gonzalez, with appropriate adjustments to seniority rights & benefits, to the positions they held prior to their terminations. Defendant is directed to pay front pay to Mr. Owen & Mr. Gonzalez from the point of Judgment until the date of their reinstatement. Defendant is directed to pay interest on the fr ont pay amounts from the point of Judgment until Mr. Owen & Mr. Gonzalez are reinstated. The Court orders that Glenn Owen is entitled to prejudgment interest of $15,764.52. The Court orders that Joe Gonzalez is entitled to prejudgment interest of $13,982.99. Signed by Chief Judge J. Leon Holmes on 12/19/07. (jct)

Dec. 19, 2007

Dec. 19, 2007

RECAP

Case Details

State / Territory: Arkansas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 28, 2006

Closing Date: Dec. 19, 2007

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

Southwestern Bell Telephone LP (Jonesboro, Arkansas), 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:

Litigation

Amount Defendant Pays: 788447.66

Content of Injunction:

Discrimination Prohibition

Reinstatement

Retroactive Seniority

Issues

General:

Disparate Treatment

Discrimination-area:

Accommodation / Leave

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Religion discrimination

EEOC-centric:

Direct Suit on Merits