Case: EEOC v. DAVIS HOMES LLC

1:05-cv-00970 | U.S. District Court for the Southern District of Indiana

Filed Date: June 29, 2005

Closed Date: 2009

Clearinghouse coding complete

Case Summary

The Indianapolis District Office of the EEOC brought this action in the U.S. District Court for the Western District of Indiana, against Davis Homes, LLC. The complaint, filed in June 2005, alleged race discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that Defendant had retaliated against the charging party by terminating her, in response to her claim against the Defendant for race discrimination in violation of Title …

The Indianapolis District Office of the EEOC brought this action in the U.S. District Court for the Western District of Indiana, against Davis Homes, LLC. The complaint, filed in June 2005, alleged race discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that Defendant had retaliated against the charging party by terminating her, in response to her claim against the Defendant for race discrimination in violation of Title VII.

The charging party intervened in July 2005 and in March 2006 the parties entered into a consent decree. The decree, which was valid for 3 years, contained non-discrimination and non-retaliation provisions as well as required the Defendant to post a notice of non-discrimination, provide a neutral reference to the charging party, and develop a new anti-discrimination policy. The Defendant was also required to pay the charging party a total of $39,375.

Following entry of the consent decree, the individual claims from the intervenor plaintiff were dismissed with prejudice on March 27, 2006. Since there is no subsequent enforcement activity, presumably the matter closed in March 2009.

Summary Authors

Kevin Wilemon (6/18/2007)

Rachel Barr (1/3/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/12154296/parties/equal-employment-opportunity-commission-v-davis-homes-llc/


Judge(s)

Hamilton, David Frank (Indiana)

Attorney for Plaintiff

Edmonds, Nancy Dean (Indiana)

LaRue, Denise K. (Indiana)

Attorney for Defendant

Bumgarner, Jonathan C. (Indiana)

Lyman, Stephen W. (Indiana)

Documents in the Clearinghouse

Documents in this case

1:05-cv-00970

Docket

EEOC v. Davis Homes LLC

March 28, 2006

March 28, 2006

Docket
1

1:05-cv-00970

Complaint

EEOC v. Davis Homes LLC

June 29, 2005

June 29, 2005

Complaint
23-1

1:05-cv-00970

Intervenor Plaintiff's First Amended Complaint

EEOC v. Davis Homes LLC

Aug. 26, 2005

Aug. 26, 2005

Complaint
51

1:05-cv-00970

Order [Entry on Plaintiffs' Motion to Quash, for Protective Order and for Expedited Review of Third Party Requests and Subpoenas Issued by Defendant]

EEOC v. Davis Homes LLC

Feb. 23, 2006

Feb. 23, 2006

Order/Opinion
56

1:05-cv-00970

Consent Decree

EEOC v. Davis Homes LLC

March 24, 2006

March 24, 2006

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/12154296/equal-employment-opportunity-commission-v-davis-homes-llc/

Last updated Oct. 6, 2026, 7:38 p.m.

Docket for: EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. DAVIS HOMES, LLC
ECF Number Date Description Link
1 June 29, 2005

COMPLAINT against DAVIS HOMES, LLC with Jury Demand, filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.(DH, ) (Entered: 06/29/2005)

RECAP
2 June 29, 2005

CIVIL COVER SHEET filed by Plaintiff, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (DH, ) (Entered: 06/29/2005)

RECAP
3 June 29, 2005

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction. (DH, ) (Entered: 06/29/2005)

RECAP
4 June 29, 2005

Summons Issued as to C. Richard Davis, Registered Agent for DAVIS HOMES, LLC. (DH, ) (Entered: 06/29/2005)

RECAP
5 July 6, 2005

MOTION for Leave to Intervene, filed by petitioner Allesha Collins, by counsel. (Attachments: # 1 Text of Proposed Order)(LSC, ) (Entered: 07/06/2005)

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6 July 6, 2005

Submission of Intervening Pltf's Rule 8 Pleading as Required Under Rule 24(c), filed by petitioner Allesha Collins by counsel. (LSC, ) (Entered: 07/06/2005)

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7 July 7, 2005

ORDER granting petitioner Allesha Collins' 5 Motion to Intervene . Signed by Judge David Frank Hamilton on 7/7/2005. (LSC, ) (Entered: 07/07/2005)

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8 July 7, 2005

NOTICE of Appearance by Jeffrey B. Halbert on behalf of ALLESHA COLLINS (Halbert, Jeffrey) (Entered: 07/07/2005)

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9 July 7, 2005

NOTICE of Appearance by Denise K. LaRue on behalf of ALLESHA COLLINS (LaRue, Denise) (Entered: 07/07/2005)

RECAP
10 July 12, 2005

NOTICE of Appearance by Stephen W. Lyman on behalf of DAVIS HOMES, LLC (Lyman, Stephen) (Entered: 07/12/2005)

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11 July 12, 2005

NOTICE of Appearance by Jonathan C. Bumgarner on behalf of DAVIS HOMES, LLC (Bumgarner, Jonathan) (Entered: 07/12/2005)

RECAP
12 July 12, 2005

CORPORATE DISCLOSURE STATEMENT and Business Entity Disclosure Statement by DAVIS HOMES, LLC. (Lyman, Stephen) (Entered: 07/12/2005)

RECAP
13 July 12, 2005

NOTICE of Parties' First Extension of Time by DAVIS HOMES, LLC (Lyman, Stephen) (Entered: 07/12/2005)

RECAP
14 July 14, 2005

SCHEDULING ORDER: Initial Pretrial Conference set for 9/27/2005 08:30 AM in room #277 before Magistrate Judge William T. Lawrence. Signed by Judge William T. Lawrence on 07/14/2005. c/m WTL (TMA, ) (Entered: 07/14/2005)

RECAP
15 Aug. 11, 2005

RETURN of Service by CMRRR by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. DAVIS HOMES, LLC served on 6/30/2005. (LSC, ) (Entered: 08/11/2005)

RECAP
16 Aug. 18, 2005

*** PLEASE DISREGARD - INCORRECT DOCUMENT ATTACHED (See corrected entry 17 ) *** NOTICE of Appearance by Craig M. Williams on behalf of DAVIS HOMES, LLC (Williams, Craig) Modified on 8/19/2005 (Carpentier, Wendy). (Entered: 08/18/2005)

RECAP
17 Aug. 19, 2005

NOTICE of Appearance by Craig M. Williams on behalf of DAVIS HOMES, LLC (Williams, Craig) (Entered: 08/19/2005)

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18 Aug. 19, 2005

ANSWER to Complaint and Affirmative Defenses by DAVIS HOMES, LLC.(Lyman, Stephen) (Entered: 08/19/2005)

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19 Aug. 19, 2005

ANSWER to Complaint of Intervenor Plaintiff and Affirmative Defenses by DAVIS HOMES, LLC.(Lyman, Stephen) (Entered: 08/19/2005)

RECAP
20 Aug. 26, 2005

First MOTION to Strike Certain of Defendant's Affirmative Defenses by ALLESHA COLLINS. (Attachments: # 1 Text of Proposed Order)(LaRue, Denise) (Entered: 08/26/2005)

RECAP
21 Aug. 26, 2005

First MOTION for Leave to File Amended Complaint and Demand for Trial by Jury by ALLESHA COLLINS. (Attachments: # 1 Supplement First Amended Complaint# 2 Exhibit Exhibit "A" to Amended Complaint# 3 Text of Proposed Order)(LaRue, Denise) (Entered: 08/26/2005)

RECAP
22 Aug. 31, 2005

ORDER granting 21 Intervenor Plaintiff, Allesha Collins' Motion for Leave to File amended complaint. Signed by Judge William T. Lawrence on 08/31/2005. c/m WTL (TMA, ) (Entered: 09/01/2005)

RECAP
23 Aug. 31, 2005

FIRST AMENDED COMPLAINT against DAVIS HOMES, LLC, filed by ALLESHA COLLINS. (Attachments: # 1 Exhibit A)(TMA, ) (Entered: 09/01/2005)

RECAP
24 Sept. 1, 2005

First MOTION to Withdraw 20 First MOTION to Strike Certain of Defendant's Affirmative Defenses by ALLESHA COLLINS. (Attachments: # 1 Text of Proposed Order)(LaRue, Denise) (Entered: 09/01/2005)

RECAP
25 Sept. 2, 2005

ORDER granting 24 Motion to Withdraw motion to strike, and withdrawing 20 First MOTION to Strike Certain of Defendant's Affirmative Defenses. Signed by Judge William T. Lawrence on 09/02/2005. c/m WTL (TMA, ) (Entered: 09/02/2005)

RECAP
26 Sept. 14, 2005

Defendant's ANSWER to Amended Complaint (of Intervenor Plaintiff) and Affirmative Defenses by DAVIS HOMES, LLC.(Lyman, Stephen) (Entered: 09/14/2005)

RECAP
27 Sept. 16, 2005

CASE MANAGEMENT PLAN TENDERED by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Supplement)(Edmonds, Nancy) (Entered: 09/16/2005)

RECAP
28 Sept. 20, 2005

NOTICE of Parties First Extension of Time to 10/26/2005 to Respond to Discovery, filed by DAVIS HOMES, LLC. (Williams, Craig) Modified on 9/21/2005 (LSC, ). (Entered: 09/20/2005)

RECAP
29 Sept. 27, 2005

ENTRY - Parties appear by counsel for initial pretrial conference. Conference held and concluded without further order. SCHEDULING ORDER: Telephonic Status Conference set for 12/21/2005 01:00 PM before Magistrate Judge William T. Lawrence. Signed by Judge William T. Lawrence on 09/27/2005. c/m WTL (TMA, ) (Entered: 09/27/2005)

RECAP
30 Sept. 27, 2005

ORDER: CASE MANAGEMENT PLAN APPROVED AS SUBMITTED. SCHEDULING ORDER: Dispositive Motions due by 5/29/2006. Signed by Judge William T. Lawrence on 09/27/2005. c/m WTL (TMA, ) (Entered: 09/27/2005)

RECAP
31 Oct. 4, 2005

SCHEDULING ORDER: Final Pretrial Conference set for 12/29/2006 at 11:00 AM in room #330. Jury Trial set for 1/8/2007 at 09:00 AM in room #344; both before Judge David Frank Hamilton. Signed by Judge David Frank Hamilton on 10/4/2005. (LSC, ) (Entered: 10/04/2005)

RECAP
32 Nov. 11, 2005

NOTICE of Parties' First Extension of Time to 12/15/2005 to respond to deft's discovery requests, filed by ALLESHA COLLINS (Halbert, Jeffrey) Modified on 11/14/2005 (LSC, ). (Entered: 11/11/2005)

RECAP
33 Nov. 22, 2005

Exhibit List Joint Preliminary by all plaintiffs., Witness List Joint Preliminary by all plaintiffs. (Halbert, Jeffrey) (Entered: 11/22/2005)

RECAP
34 Nov. 28, 2005

MOTION for Leave to File an Amended Answer by DAVIS HOMES, LLC. (Attachments: # 1 Amended Answer and Affirmative Defenses to Intervenor Plaintiff's First Amended Complaint and Demand for Trial by Jury)(Williams, Craig) (Entered: 11/28/2005)

RECAP
35 Nov. 29, 2005

Submission of proposed Order on Defendant's Motion for Leave to File an Amended Answer by DAVIS HOMES, LLC. (Williams, Craig) (Entered: 11/29/2005)

RECAP
36 Nov. 29, 2005

ORDER granting 34 Defendant's Motion for Leave to File an amended answer. Signed by Judge William T. Lawrence on 11/29/2005. c/m WTL (TMA, ) (Entered: 11/30/2005)

RECAP
37 Nov. 29, 2005

AMENDED ANSWER to 23 First Amended Complaint by DAVIS HOMES, LLC. (TMA, ) (Entered: 11/30/2005)

RECAP
38 Dec. 21, 2005

ENTRY - Parties appear by counsel for status conference. Conference held andconcluded without further order. SCHEDULING ORDER: Status Conference set for 2/1/2006 09:00 AM in Telephonic before Magistrate Judge William T. Lawrence. Signed by Judge William T. Lawrence on 12/21/2005. c/m WTL (TMA, ) (Entered: 12/21/2005)

RECAP
39 Dec. 22, 2005

Witness List Defendant's Preliminary Witness List by DAVIS HOMES, LLC. (Williams, Craig) (Entered: 12/22/2005)

RECAP
40 Dec. 22, 2005

Exhibit List Defendant's Preliminary Exhibit List by DAVIS HOMES, LLC.. (Williams, Craig) (Entered: 12/22/2005)

RECAP
41 Jan. 11, 2006

MOTION to Withdraw as Attorney Jeffrey B. Halbert by ALLESHA COLLINS. (Attachments: # 1 Text of Proposed Order)(Halbert, Jeffrey) (Entered: 01/11/2006)

RECAP
42 Jan. 12, 2006

ORDER granting 41 Motion to Withdraw appearance of Jeffrey B. Halbert as attorney on behalf of plaintiff. Signed by Judge William T. Lawrence on 01/12/2006. c/m WTL (TMA, ) (Entered: 01/12/2006)

RECAP
43 Jan. 23, 2006

MOTION to Quash For Protective Order and Expedited Review by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Text of Proposed Order Final Order# 2 Text of Proposed Order Emergency Order# 3 Exhibit 1# 4 Exhibit 2# 5 Exhibit 3# 6 Exhibit 4# 7 Exhibit 5)(Edmonds, Nancy) (Entered: 01/23/2006)

RECAP
44 Jan. 23, 2006

ENTRY sets forth briefing schedule for Plaintiffs' Motion to Quash, for Protective Order and for Expedited Review of Third Party Requests andSubpoenae Issued by Defendant. Signed by Judge William T. Lawrence on 01/23/2006. c/m WTL (TMA, ) (Entered: 01/23/2006)

RECAP
45 Jan. 24, 2006

Re-Submission of Exhibits 1-5 re 43 MOTION to Quash For Protective Order and Expedited Review (Exhibits blank on prior submission), filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Exhibit 2# 2 Exhibit 3# 3 Exhibit 4# 4 Exhibit 5)(Edmonds, Nancy) Modified on 1/25/2006 (LSC, ). (Entered: 01/24/2006)

RECAP
46 Feb. 1, 2006

Submission of Proposed ORDER by ALLESHA COLLINS (LaRue, Denise) Modified on 2/2/2006 (LSC, ). (Entered: 02/01/2006)

RECAP
47 Feb. 1, 2006

ENTRY - Parties appear by counsel for status conference. Conference held andconcluded without further order. SCHEDULING ORDER: Settlement Conference set for 3/9/2006 09:00 AM in room #277 before Magistrate Judge William T. Lawrence. Signed by Judge William T. Lawrence on 02/01/2006. (TMA, ) (Entered: 02/01/2006)

RECAP
48 Feb. 2, 2006

ORDER - During a telephonic status conference held before the Court on this day, Plaintiffs motioned the Court for a stay of response concerning the non-party subpoenae. The Court has considered the motion for stay of response and finds that it is made for good cause. Accordingly, the Court GRANTS the motion. Signed by Judge William T. Lawrence on 02/02/2006. c/m WTL (TMA, ) (Entered: 02/02/2006)

RECAP
49 Feb. 2, 2006

RESPONSE in Opposition re 43 MOTION to Quash For Protective Order and Expedited Review Defendant's Response to Plaintiff's Motion to Quash, for Protective Order and for Expedited Review of Third Party Requests and Subpoenas Issued by Defendant filed by DAVIS HOMES, LLC. (Attachments: # 1 Exhibit Application for Employment# 2 Exhibit Termination Letter# 3 Exhibit Collins deposition# 4 Exhibit Timesheets# 5 Exhibit Answer to Interrogatory)(Williams, Craig) (Entered: 02/02/2006)

RECAP
50 Feb. 7, 2006

REPLY in support of Motion re 43 MOTION to Quash For Protective Order and Expedited Review filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Text of Proposed Order)(Edmonds, Nancy) (Entered: 02/07/2006)

RECAP
51 Feb. 23, 2006

ORDER granting in part 43 Plaintiffs' Motion to Quash, for Protective Order and for Expedited Review of Third Party Requests and Subpoenas Issued by Defendant. Signed by Judge William T. Lawrence on 02/23/2006. c/m WTL (TMA, ) (Entered: 02/23/2006)

RECAP
52 March 10, 2006

ENTRY - Parties appear in person and by counsel for settlement conference on 3/9/06. Conference held and concluded. The Court has been advised that a settlement has been reached. Therefore, all pending motions, if any, are now DENIED AS MOOT and all previously ordered dates, if any, are VACATED.IT IS ORDERED that within 30 days of this date, counsel for the plaintiffshall file a motion to dismiss or a stipulation of dismissal. Signed by Judge William T. Lawrence on 03/10/2006. (TMA, ) (Entered: 03/10/2006)

RECAP
53 March 13, 2006

ENTRY ON PLAINTIFF INTERVENOR'S SUBMISSION OF WAL-MART EMPLOYMENT APPLICATION FOR IN CAMERA REVIEW. Signed by Judge William T. Lawrence on 03/13/2006. c/m WTL (TMA, ) (Entered: 03/13/2006)

RECAP
54 March 23, 2006

Joint MOTION to Dismiss by ALLESHA COLLINS. (Attachments: # 1 Text of Proposed Order)(LaRue, Denise) (Entered: 03/23/2006)

RECAP
55 March 23, 2006

Joint MOTION for Entry of Consent Decree by ALLESHA COLLINS. (Attachments: # 1 Text of Proposed Order Consent Decree)(LaRue, Denise) (Entered: 03/23/2006)

RECAP
56 March 24, 2006

CONSENT Decree, filed by all parties. (LSC, ) (Entered: 03/24/2006)

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57 March 24, 2006

CLOSED - DISMISSED with prejudice, without the assessment of costs against either party. Signed by Judge David Frank Hamilton on 3/24/2006. (LSC, ) (Entered: 03/24/2006)

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58 March 28, 2006

DOCUMENT CORRECTION re 57 ORDER of Dismissal. Signed by Judge David Frank Hamilton on 3/27/2006. (LSC, ) (Entered: 03/28/2006)

RECAP

Case Details

State / Territory:

Indiana

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: June 29, 2005

Closing Date: 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

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

Plaintiff Type(s):

EEOC Plaintiff

Private 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

Davis Homes, LLC

Case Details

Causes of Action:

42 U.S.C. § 1981

State law

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

Other Dockets:

Southern District of Indiana 1:05-cv-00970

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Neutral/Positive Reference

Post/Distribute Notice of Rights / EE Law

Reporting

Retaliation Prohibition

Amount Defendant Pays: 39375

Order Duration: 2006 - 2009

Issues

General/Misc.:

Retaliation

Discrimination Area:

Disparate Treatment

Pay / Benefits

Discrimination Basis:

Race discrimination

Affected Race(s):

Black

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit

Recommended Citation