Case: EEOC v. Stein World LLC

2:06-cv-02478 | U.S. District Court for the Western District of Tennessee

Filed Date: July 25, 2006

Closed Date: 2008

Clearinghouse coding complete

Case Summary

On July 25, 2006, the Equal Employment Opportunity Commission ("EEOC"), on behalf of a black forklift operator (plaintiff-intervenor), filed a lawsuit in the Western District Court of Tennessee under Title VII of the Civil Rights Act of 1964 against Stein World, LLC. The EEOC sought the defendant's compliance with a prior settlement agreement, injunctive relief, compensatory damages, punitive damages, attorneys' fees, and other forms of affirmative relief, claiming that the defendant violated …

On July 25, 2006, the Equal Employment Opportunity Commission ("EEOC"), on behalf of a black forklift operator (plaintiff-intervenor), filed a lawsuit in the Western District Court of Tennessee under Title VII of the Civil Rights Act of 1964 against Stein World, LLC. The EEOC sought the defendant's compliance with a prior settlement agreement, injunctive relief, compensatory damages, punitive damages, attorneys' fees, and other forms of affirmative relief, claiming that the defendant violated a prior settlement agreement between the parties since it harassed the plaintiff-intervenor based on his race and discharged him in retaliation of filing this suit and participating in the an EEOC-sponsored mediation.

In January 2005, the plaintiff-intervenor was hired by the defendant as a forklift operator. He was the only black forklift operator employed by the defendant. In April 2005, the plaintiff-intervenor reported to the defendant that a temporary employee had cursed him and that he was working in unsafe conditions. On May 5, 2005, his employment was terminated. On May 17, 2005, he filed a claim with the EEOC. Shortly after, he was hospitalized for pneumonia and eventually had to undergo a lung transplant. The defendants agreed to mediate the matter and on July 6, 2005, the plaintiff-intervenor and the defendant entered into a settlement agreement, where among other things, the defendant agreed to pay for the plaintiff-intervenor's medical expenses. When the plaintiff-intervenor gave the hospital bill to the defendant, they refused to pay more than $5,000, arguing that the mediator failed to include the $5,000 cap in the settlement agreement and that the plaintiff-intervenor made fraudulent misrepresentations to them by saying his medical expenses were only "a few thousand dollars."

On August 16, 2006, the defendant filed its answer and third-party complaint against the black employee involved in this suit, alleging that they never would have agreed to the prior settlement had the plaintiff-intervenor not made fraudulent misrepresentations to them.

On October 11, 2006, the District Court (Judge Jon P. McCalla) entered a default judgment against the plaintiff-intervenor, but then that order was set aside on March 7, 2007. On March 15, 2007, the plaintiff filed an amended complaint.

On March 27, 2007, the District Court (Judge Jon P. McCalla) denied the plaintiff's motion to dismiss the defendant's counter claim and third-party complaint. The parties then went through the discovery process.

On May 27, 2008, the District Court (Judge Jon P. McCalla) entered a consent decree where the defendant, among other things, agreed to pay the plaintiff-intervenor $15,000, and his hospital $42,426.41 for the third-party defendant's medical expenses.

Summary Authors

Perry Miska (4/22/2014)

People


Judge(s)

McCalla, Jon Phipps (Tennessee)

Pham, Tu M. (Tennessee)

Attorneys(s) for Plaintiff

Cash, William A. Jr. (Arkansas)

Smith, Deidre (Tennessee)

Tuggle, Darin B. (Tennessee)

Williams, Faye A. (Tennessee)

Attorneys(s) for Defendant

Biller, Stephen H. (Tennessee)

Hutton, Robbin W. (Tennessee)

Weintraub, Jeff (Tennessee)

Other Attorney(s)

Active

Judge(s)

McCalla, Jon Phipps (Tennessee)

Pham, Tu M. (Tennessee)

Attorneys(s) for Plaintiff

Cash, William A. Jr. (Arkansas)

Smith, Deidre (Tennessee)

Tuggle, Darin B. (Tennessee)

Williams, Faye A. (Tennessee)

Attorneys(s) for Defendant

Biller, Stephen H. (Tennessee)

Hutton, Robbin W. (Tennessee)

Weintraub, Jeff (Tennessee)

Other Attorney(s)

Brewer, Webb A. (Tennessee)

Statum, Fred C. III (Tennessee)

Documents in the Clearinghouse

Document

Docket

Nov. 25, 2013 Docket
1-1

Complaint

Equal Employment Opportunity Commission v. Stein World, LLC

July 25, 2006 Complaint
2

Defendant's Complaint Against Third-Party Defendant

Aug. 16, 2006 Complaint
17

Order Granting Request for Entry of Default

EEOC v. Stein World LLC v. Ricky Bee

Oct. 11, 2006 Order/Opinion
39

Order Granting Third Party Defendant's Motion to Set Aside Entry of Default

EEOC v. Stein World LLC v. Ricky Bee

March 7, 2007 Order/Opinion
41

Amended Complaint

Equal Employment Opportunity Commission v. Stein World, LLC

March 15, 2007 Complaint
44

Order Denying Plaintiff EEOC's Motion to Dismiss Defendant's Counter Claim and Order Denying Motion to Dismiss Third Party Complaint

EEOC v. Stein World LLC v. Ricky Bee

March 27, 2007 Order/Opinion
125

Consent Decree

May 27, 2008 Order/Opinion

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against Stein World, LLC (Filing fee $350.00) , filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(cas) (Entered: 07/26/2006)

July 25, 2006
2

ANSWER to Complaint, THIRD PARTY COMPLAINT against Ricky Bee, COUNTERCLAIM against Equal Employment Opportunity Commission by Stein World, LLC.(Biller, Stephen) (Entered: 08/16/2006)

Aug. 16, 2006
3

MOTION to Deposit Funds Proposed Order Submitted by Stein World, LLC. (Biller, Stephen) (Entered: 08/16/2006)

Aug. 16, 2006

Summons Issued as to Ricky Bee. (cas) (Entered: 08/18/2006)

Aug. 18, 2006
4

NOTICE by Equal Employment Opportunity Commission Notice of Filing (Attachments: # 1 Exhibit Attachment A − Mediation Settlement Agreement)(Tuggle, Darin) (Entered: 08/18/2006)

Aug. 18, 2006
5

TEXT−ONLY ORDER − ORDER granting 3 Motion to Deposit Funds with Clerk of the Court. Defendant is ordered to deposit $5000 with the clerk of the court.Signed by Judge Jon Phipps McCalla on 08/21/06. (McCalla, Jon) (Entered: 08/21/2006)

Aug. 21, 2006
6

SETTING LETTER: Scheduling Conference set for 10/26/2006 at 10:00 AM in Courtroom 6 − Memphis before Tu M. Pham. (bdg, ) (Entered: 09/18/2006)

Sept. 18, 2006
7

NOTICE by Stein World, LLC re 5 Order on Motion to Deposit Funds Notice of Tender of Funds (Attachments: # 1 Exhibit A# 2 Exhibit B)(Biller, Stephen) (Entered: 09/25/2006)

Sept. 25, 2006
8

SETTING LETTER: Scheduling Conference reset for Thurs., 11/16/2006 09:45 AM (CST) in Courtroom 6 − Memphis before Tu M. Pham. (wmw, ) (Entered: 09/27/2006)

Sept. 27, 2006
9

NOTICE of Appearance by Deidre Smith on behalf of Equal Employment Opportunity Commission (Smith, Deidre) (Entered: 10/04/2006)

Oct. 4, 2006
10

NOTICE by Stein World, LLC of Filing of Executed Subpoena Issued to Ricky Bee (Attachments: # 1 Executed Summons Issued to Ricky Bee)(Biller, Stephen) (Entered: 10/10/2006)

Oct. 10, 2006
12

NOTICE by Stein World, LLC re 11 Third Party MOTION for Default Judgment as to Third−Party Defendant, Ricky Bee (Proposed Order submitted) of Application for Entry of Default with Supporting Affidavit (Attachments: # 1 Exhibit A)(Biller, Stephen) (Entered: 10/10/2006)

Oct. 10, 2006
13

MOTION to Dismiss DEFENDANT?S COUNTER CLAIM by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in Support of Motion to Dismiss# 2 Exhibit List to Motion to Dismiss# 3 Exhibit A − Mediation Settlement Agreement# 4 Exhibit Collective Exhibit B# 5 Exhibit Collective Exhibit B# 6 Exhibit Collective Exhibit B# 7 Exhibit Collective Exhibit B# 8 Exhibit C − Declaration of Dr. Darryl Weiman# 9 Exhibit D − Declaration of Ricky Bee# 10 Exhibit E − Affidavit and Certification of Mike Phillips# 11 Exhibit F − Letter from Stein World, LLC dated 9−27−05)(Tuggle, Darin) (Entered: 10/10/2006)

Oct. 10, 2006
19

MOTION to Dismiss Third Party Complaint by Ricky Bee. (agj,) (Entered: 10/11/2006)

Oct. 10, 2006
14

DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 11 Third Party MOTION for Default Judgment as to Third−Party Defendant, Ricky Bee (Proposed Order submitted) filed by Stein World, LLC, has been filed. However, the following deficiency has been found: : "Entry of Default" must be requested and granted before "Default Judgment" is to be considered. Motion for default judgment has been termed, as no request for entry of default has been submitted. The filer has one business day to correct the deficiency. (jae, ) (Entered: 10/11/2006)

Oct. 11, 2006
15

Third Party MOTION for Default Judgment as to Entry of Default with Supporting Affidavit as to Third−Party Defendant, Ricky Bee by Stein World, LLC. (Attachments: # 1 Exhibit A)(Biller, Stephen) (Entered: 10/11/2006)

Oct. 11, 2006
16

Third Party MOTION for Default Judgment as to Third−Party Defendant, Ricky Bee (proposed Order submitted) by Stein World, LLC. (Biller, Stephen) (Entered: 10/11/2006)

Oct. 11, 2006
17

ORDER granting 15 Motion for Entry of Default. Default is granted as to Third Party Defendant Ricky Bee. Signed by Clerk of Court on 10/11/06. (jae, ) (Entered: 10/11/2006)

Oct. 11, 2006
18

MOTION to Amend/Correct 1 Complaint Proposed Order and Amended Complaint submitted by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in Support of Motion to Amend Complaint# 2 Exhibit List to Memo in Support# 3 Exhibit A − Charge of Discrimination of Ricky Bee# 4 Exhibit B − Mediation Settlement Agreement# 5 Exhibit (Collective) − C − Unreported Cases# 6 Exhibit (Collective) − C − Unreported Cases# 7 Exhibit (Collective) − C − Unreported Cases# 8 Exhibit (Collective) − C − Unreported Cases# 9 Exhibit (Collective) − C − Unreported Cases# 10 Exhibit D − Declaration of Darryl S. Weiman, MD# 11 Exhibit E − Affidavit and Certification of Mike Phillips# 12 Certificate of Consultation)(Smith, Deidre) (Entered: 10/11/2006)

Oct. 11, 2006
20

RESPONSE to Motion re 18 MOTION to Amend/Correct 1 Complaint Proposed Order and Amended Complaint submitted filed by Stein World, LLC. (Biller, Stephen) (Entered: 10/18/2006)

Oct. 18, 2006
21

RESPONSE to Motion re 13 MOTION to Dismiss DEFENDANT?S COUNTER CLAIM filed by Stein World, LLC. (Attachments: # 1 Affidavit Affidavit of Correy Gex# 2 Affidavit Affidavit of Wes Ward)(Biller, Stephen) (Entered: 10/20/2006)

Oct. 20, 2006
22

MOTION for Leave to File (Proposed Order Submitted) by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in Support of Motion for Leave to File a Reply# 2 Certificate of Consultation in Support of Motion for Leave to File a Reply)(Smith, Deidre) (Entered: 10/27/2006)

Oct. 27, 2006
24

SCHEDULING ORDER: Amended Pleadings due by 1/8/2007. Discovery due by 8/27/2007. Joinder of Parties due by 1/8/2007. Dispositive motions due by 11/5/2007. Jury trial to last two (2) days. The Scheduling Conference set for 11/16/06 is canceled. Signed by Judge Tu M. Pham on 11/14/06. (Pham, Tu) (Entered: 11/14/2006)

Nov. 14, 2006
25

REPLY to Response to Motion re 13 MOTION to Dismiss DEFENDANT?S COUNTER CLAIM filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Medical Records of Ricky Bee)(Tuggle, Darin) (Entered: 11/14/2006)

Nov. 14, 2006
26

NOTICE of filing exhibit by Equal Employment Opportunity Commission re 25 Reply to Response to Motion (Attachments: # 1 Affidavit of Custodian of Medical Records Susan Wahpepah)(Tuggle, Darin) Modified on 11/16/2006 (jae, ). (Entered: 11/15/2006)

Nov. 15, 2006
27

ORDER SETTING TRIAL AND PRETRIAL DATES. Signed by Judge Jon Phipps McCalla on 11/20/06. (McCalla, Jon) (Entered: 11/21/2006)

Nov. 21, 2006

Set Deadlines/Hearings: Pretrial Order due by 1/8/2008. Jury Trial set for 1/22/2008 09:30 AM before Jon Phipps McCalla. Pretrial Conference set for 1/15/2008 09:00 AM before Jon Phipps McCalla. (jae, ) (Entered: 11/21/2006)

Nov. 21, 2006
28

SETTING LETTER: Jury Trial set for 1/22/2008 09:30 AM in Courtroom 4 − Memphis before Jon Phipps McCalla. Pretrial Conference set for 1/15/2008 09:00 AM in Courtroom 4 − Memphis before Jon Phipps McCalla. Pretrial Order due by 4:30 PM on 1/8/2008.(jpw) (Entered: 11/27/2006)

Nov. 27, 2006
29

NOTICE by Stein World, LLC Defendant, Stein World, LLC's Rule 26(A) Disclosure (Biller, Stephen) (Entered: 11/30/2006)

Nov. 30, 2006
30

NOTICE of Appearance by Webb A. Brewer on behalf of Ricky Bee (Brewer, Webb) (Entered: 12/08/2006)

Dec. 8, 2006
31

REQUEST for Production of Documents by Stein World, LLC.(Biller, Stephen) (Entered: 12/13/2006)

Dec. 13, 2006
32

RESPONSE in Opposition re 13 MOTION to Dismiss DEFENDANT?S COUNTER CLAIM (Amended) filed by Stein World, LLC. (Biller, Stephen) (Entered: 12/13/2006)

Dec. 13, 2006
33

RESPONSE to Discovery Request from Equal Employment Opportunity Commission by Stein World, LLC.(Biller, Stephen) (Entered: 02/09/2007)

Feb. 9, 2007
34

RESPONSE to Discovery Request from Equal Employment Opportunity Commission by Stein World, LLC.(Biller, Stephen) (Entered: 02/09/2007)

Feb. 9, 2007
35

RESPONSE to Discovery Request from Equal Employment Opportunity Commission by Stein World, LLC.(Biller, Stephen) (Entered: 02/12/2007)

Feb. 12, 2007
36

REQUEST for Production of Documents by Stein World, LLC.(Biller, Stephen) (Entered: 02/12/2007)

Feb. 12, 2007

Motions No Longer Referred: 16 Third Party MOTION for Default Judgment as to Third−Party Defendant, Ricky Bee (proposed Order submitted)per Magistrate Judge Chambers motion removed from Magistrate Judge Report (vlg ) (Entered: 02/23/2007)

Feb. 23, 2007
37

Third Party MOTION to Set Aside Default by Ricky Bee. (Attachments: # 1 Memorandum # 2 Affidavit # 3 Supplement)(Brewer, Webb) (Entered: 02/27/2007)

Feb. 27, 2007
38

RESPONSE to Motion re 37 Third Party MOTION to Set Aside Default filed by Stein World, LLC. (Biller, Stephen) (Entered: 03/07/2007)

March 7, 2007
39

ORDER granting 37 Motion to Set Aside Default. Signed by Judge Jon Phipps McCalla on 3/7/07. (McCalla, Jon) (Entered: 03/07/2007)

March 7, 2007
41

AMENDED COMPLAINT against Stein World, LLC, filed by Equal Employment Opportunity Commission. (Tuggle, Darin) (Entered: 03/15/2007)

March 15, 2007
42

NOTICE by Stein World, LLC re 40 REPORT AND RECOMMENDATIONS re 18 MOTION to Amend/Correct 1 Complaint Proposed Order and Amended Complaint submitted filed by Equal Employment Opportunity Commission, of Filing of Exceptions to Report and Recommendation (Biller, Stephen) (Entered: 03/16/2007)

March 16, 2007
43

ANSWER to Amended Complaint by Stein World, LLC.(Biller, Stephen) (Entered: 03/22/2007)

March 22, 2007
44

ORDER DENYING PLAINTIFF EQUAL OPPORTUNITY COMMISSION'S MOTION TO DISMISS DEFENDANT'S COUNTER CLAIM AND ORDER DENYING MOTION TO DISMISS THIRD PARTY COMPLAINT. Signed by Judge Jon Phipps McCalla on 3/27/07. (McCalla, Jon) (Entered: 03/27/2007)

March 27, 2007
45

MOTION to Compel United Healthcare Insurance Company (proposed order submitted) by Stein World, LLC. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Biller, Stephen) (Entered: 04/16/2007)

April 16, 2007
46

MOTION to Compel Third−Party Defendant, Ricky Bee (proposed Order submitted) by Stein World, LLC. (Attachments: # 1 Exhibit A)(Biller, Stephen) (Entered: 04/18/2007)

April 18, 2007
47

NOTICE by Stein World, LLC re 46 MOTION to Compel Third−Party Defendant, Ricky Bee (proposed Order submitted) of Withdrawal of Motion to Compel (Biller, Stephen) (Entered: 04/19/2007)

April 19, 2007
48

ORDER Denied as moot 46 Motion to Compel Third−Party Defendant, Ricky Bee. On April 19, 2007, defendant filed a notice with the court withdrawing its motion to compel (D.E. 46). Therefore, the motion to compel is denied as moot. Signed by Magistrate Judge Tu M. Pham on 4/19/07. (Pham, Tu) (Entered: 04/19/2007)

April 19, 2007
49

Plaintiff's ANSWER to Counterclaim of Defendant Stein World, LLC by Equal Employment Opportunity Commission.(Smith, Deidre) (Entered: 05/03/2007)

May 3, 2007
50

Third Party Defendant's ANSWER to Third Party Complaint by Ricky Bee.(Brewer, Webb) (Entered: 05/03/2007)

May 3, 2007
51

MOTION for Issuance of Letters Rogatory Pursuant to F.R.C.P. 28 (proposed order submitted) by Stein World, LLC. (Biller, Stephen) (Entered: 05/08/2007)

May 8, 2007
52

ORDER ADOPTING REPORT AND RECOMMENDATION. Signed by Judge Jon Phipps McCalla on 5/16/07. (McCalla, Jon) (Entered: 05/16/2007)

May 16, 2007
53

ORDER Granting 45 Defendant's Motion to Compel. United Healthcare shall provide all documents responsive to Stein World's subpoena within twenty (20) days from the date of this order. The Clerk of Order shall deliver a copy of this order, via US mail to DeDe Bergman, United Healthcare Insurance Company, 871 Ridgeway Loop, Memphis, TN 38120 and Jessica Vardian, Special Services Administrator, Network Operations, 1003 Broad Street, Suite 300, Johnstown, PA 15906. Signed by Magistrate Judge Tu M. Pham on 5/16/07. (Pham, Tu) (Entered: 05/16/2007)

May 16, 2007
54

RETURN RECEIPT of certified mail (#70040750000422421165) to Jessica Vardian (jae, ) (Entered: 05/25/2007)

May 25, 2007
55

RETURN RECEIPT of certified mail (#70040750000422421172) to De De Bergman. (jae, ) (Entered: 05/25/2007)

May 25, 2007
56

MOTION for Protective Order Proposed Order Submitted by United Healthcare Insurance Company. (Statum, Fred) (Entered: 06/04/2007)

June 4, 2007
58

ORDER Granting 57 Motion for Extension of Time to Complete Discovery. UHIC shall have until 6/12/07 to comply with the court's 5/16/07 order granting Defendant's Motion to Compel. Signed by Magistrate Judge Tu M. Pham on 6/6/07. (Pham, Tu) (Entered: 06/06/2007)

June 6, 2007
59

NOTICE of Appearance by William A. Cash, Jr on behalf of Equal Employment Opportunity Commission (Cash, William) (Entered: 06/08/2007)

June 8, 2007
60

Second MOTION to Extend Deadline Proposed Order Submitted by United Healthcare Insurance Company. (Statum, Fred) (Entered: 06/12/2007)

June 12, 2007
61

ORDER granting 51 Motion for Issuance of Letters Rogatory . Signed by Magistrate Judge Tu M. Pham on 06/14/2007. (wbe, ) (Entered: 06/14/2007)

June 14, 2007

Letters Rogatory Issued pursuant to 61 Order on Motion for Issuance of Letters Rogatory (wbe, ) (Entered: 06/14/2007)

June 14, 2007
62

ORDER Granting 60 Second Motion to Extend. UHIC shall have until 7/3/07 to comply with the Court's 5/16/07 order granting defendant's motion to compel. Signed by Magistrate Judge Tu M. Pham on 6/15/07. (Pham, Tu) (Entered: 06/15/2007)

June 15, 2007
63

ORDER REFERRING MOTION TO MAGISTRATE JUDGE FOR DETERMINATION: 56 MOTION for Protective Order filed by United Healthcare Insurance Company [TEXT ORDER−−NO IMAGE ASSOCIATED). Signed by Judge Jon Phipps McCalla on 6/18/07. (McCalla, Jon) (Entered: 06/18/2007)

June 18, 2007
64

ORDER Granting 56 Motion for Protective Order. Signed by Magistrate Judge Tu M. Pham on 6/26/07. (Pham, Tu) (Entered: 06/26/2007)

June 26, 2007
65

NOTICE by Stein World, LLC of Deposition of Leon Benz (Biller, Stephen) (Entered: 07/02/2007)

July 2, 2007
66

COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 65 Notice (Other) filed by Stein World, LLC, has been filed. For future reference, please note : More appropriate event is found under "Discovery Documents", "Notice to Take Deposition". Please review the attorney event list if unsure of event to select. Filer is not required to resubmit document. (jae, ) (Entered: 07/02/2007)

July 2, 2007
67

NOTICE to Take Deposition of Irma Boyce by Stein World, LLC.(Biller, Stephen) (Entered: 07/09/2007)

July 9, 2007
68

NOTICE to Take Deposition of Ricky Bee by Stein World, LLC.(Biller, Stephen) (Entered: 07/09/2007)

July 9, 2007
69

NOTICE to Take Deposition of Leon Benz (Re−Notice) by Stein World, LLC.(Biller, Stephen) (Entered: 07/19/2007)

July 19, 2007
70

REQUEST for Production of Documents by Stein World, LLC.(Biller, Stephen) (Entered: 07/23/2007)

July 23, 2007
71

REQUEST for Production of Documents by Stein World, LLC.(Biller, Stephen) (Entered: 07/24/2007)

July 24, 2007
72

REQUEST for Production of Documents by Stein World, LLC.(Biller, Stephen) (Entered: 07/27/2007)

July 27, 2007
73

MOTION for Summary Judgment by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in Support of Motion for Summary Judgment# 2 Exhibit List for Motion for Summary Judgment# 3 Exhibit No. 1 Mediation Settlement Agreement# 4 Exhibit No. 2 − Letter to Stephen Biller dated 6−14−06# 5 Exhibit Collective Exhibit No. 3 − Unreported Case − Zion Hill# 6 Exhibit Collective Exhibit No. 3 − Unreported Case − Burliso v. USA# 7 Exhibit No. 4 − Declaration of Dr. Darryl Weiman# 8 Exhibit No. 5 − Declaration of Ricky Bee# 9 Affidavit and Certification of Mike Phillips# 10 Exhibit No. 7 − Letter

Nov. 5, 2007
75

NOTICE by Stein World, LLC re 74 Notice (Other), Notice (Other), Notice (Other), Notice (Other) of Filing of Response to Plaintiff's Statement of Undisputed Material Facts (Biller, Stephen) (Entered: 11/19/2007)

Nov. 19, 2007
76

RESPONSE to Motion re 73 MOTION for Summary Judgment filed by Stein World, LLC. (Attachments: # 1 Exhibit A)(Biller, Stephen) (Entered: 11/19/2007)

Nov. 19, 2007
77

NOTICE by Stein World, LLC re 76 Response to Motion of Filing of Defendant/Counter−Plaintiff's Statement of Undisputed Material Facts (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit Deposition Excerpts)(Biller, Stephen) (Entered: 11/19/2007)

Nov. 19, 2007
78

SETTING LETTER: Telephonic Hearing re: 73 Motion for Summary Judgment by EEOC set for 12/18/2007 10:00 AM before Judge Jon Phipps McCalla. (jpw) (Entered: 12/07/2007)

Dec. 7, 2007
79

CORRECTED SETTING LETTER: Telephonic Hearing re: 73 Motion for Summary Judgment by EEOC set for 12/18/*2007 10:00 AM before Judge Jon Phipps McCalla. (*Corrected date on image attached). (jpw) (Entered: 12/07/2007)

Dec. 7, 2007
80

MOTION for Leave to File (Reply Brief and Proposed Order Submitted) by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in Support of Motion for leave to Reply# 2 Certificate of Consultation for Motion for Leave to Reply)(Tuggle, Darin) (Entered: 12/14/2007)

Dec. 14, 2007
81

RESPONSE to Motion re 80 MOTION for Leave to File (Reply Brief and Proposed Order Submitted) MOTION for Leave to File (Reply Brief and Proposed Order Submitted) filed by Stein World, LLC. (Biller, Stephen) (Entered: 12/14/2007)

Dec. 14, 2007
82

TEXT−ONLY ORDER GRANTING 80 Motion for Leave to File Reply. *No image associated with this Order.*Signed by Judge Jon Phipps McCalla on 12/17/07. (McCalla, Jon) (Entered: 12/17/2007)

Dec. 17, 2007
83

REPLY to Response to Motion re 73 MOTION for Summary Judgment filed by Ricky Bee, Equal Employment Opportunity Commission. (Attachments: # 1 # 2)(Tuggle, Darin) (Entered: 12/17/2007)

Dec. 17, 2007
84

Minute Entry for proceedings held before Judge Jon Phipps McCalla: Telephonic Hearing re: 73 held on 12/18/2007. Motion heard and taken under advisement. Plaintiff to file final submittal by 12/21/2007. Defendant to file response by 12/28/2007. (EEOC: Darin Tuggle, Deidre Smith, William Cash) (Stein World: Stephen Biller) (Ricky Bee: Webb Brewer) (Court Reporter: Brenda Parker) (jpw) (Entered: 12/18/2007)

Dec. 18, 2007
85

ORDER FOLLOWING TELEPHONIC HEARING; ORDER ON SUPPLEMENTAL BRIEFING. Signed by Judge Jon Phipps McCalla on 12/18/07. (McCalla, Jon) (Entered: 12/18/2007)

Dec. 18, 2007
86

NOTICE by Stein World, LLC of Filing of Affidavit (Attachments: # 1 Affidavit of Leon Benz)(Biller, Stephen) (Entered: 12/21/2007)

Dec. 21, 2007
87

NOTICE by Equal Employment Opportunity Commission Rule 26(a)(3) Disclosures (Tuggle, Darin) (Entered: 12/21/2007)

Dec. 21, 2007
89

NOTICE by Stein World, LLC re 88 Reply to Response to Motion, of Filing of Response to Plaintiff's and Third−Party Defendant's Joint Supplemental Reply to Defendant's Response to Plaintiff's Motion for Summary Judgment (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Biller, Stephen) (Entered: 12/27/2007)

Dec. 27, 2007
90

NOTICE by Stein World, LLC re 87 Notice (Other) of Filing of Objections to Plaintiff/Counter−Defendant's Pretrial Disclosures of Exhibits and Witnesses (Attachments: # 1 Exhibit A)(Biller, Stephen) (Entered: 12/27/2007)

Dec. 27, 2007
91

NOTICE by Stein World, LLC of Filing of 26(a)(3) PreTrial Disclosures of Exhibits and Witnesses (Biller, Stephen) (Entered: 01/04/2008)

Jan. 4, 2008
92

MOTION in Limine (Proposed Order Submitted) by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in Support of Motion in Limine)(Tuggle, Darin) (Entered: 01/07/2008)

Jan. 7, 2008
93

MOTION to Strike (Proposed Order Submitted) by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in Support of Motion to Strike Untimely Filed PreTrial Disclosures)(Tuggle, Darin) (Entered: 01/07/2008)

Jan. 7, 2008
94

RESPONSE to Motion re 93 MOTION to Strike (Proposed Order Submitted) filed by Stein World, LLC. (Biller, Stephen) (Entered: 01/07/2008)

Jan. 7, 2008
95

RESPONSE to Motion re 92 MOTION in Limine (Proposed Order Submitted) filed by Stein World, LLC. (Biller, Stephen) (Entered: 01/07/2008)

Jan. 7, 2008
96

Proposed Pretrial Order (Joint) by Equal Employment Opportunity Commission. (Tuggle, Darin) (Entered: 01/08/2008)

Jan. 8, 2008
97

Proposed Jury Instructions by Stein World, LLC. (Attachments: # 1 Verdict Form A, # 2 Verdict Form B, # 3 Verdict Form C)(Biller, Stephen) (Entered: 01/08/2008)

Jan. 8, 2008
98

Proposed Voir Dire by Stein World, LLC. (Biller, Stephen) (Entered: 01/08/2008)

Jan. 8, 2008
99

MOTION in Limine (Proposed Order Submitted) by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A − Charge of Discrimination, # 3 Exhibit B − Mediation Settlement Agreement, # 4 Exhibit C − Unreported Case)(Tuggle, Darin) (Entered: 01/08/2008)

Jan. 8, 2008
100

MOTION in Limine (Proposed Order Submitted) by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A − Charge of Discrimination, # 3 Exhibit B − Mediation Settlement Agreement)(Tuggle, Darin) (Entered: 01/08/2008)

Jan. 8, 2008
101

MOTION in Limine (Proposed Order Submitted) by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in Support, # 2 Exhibit − Unreported Case)(Tuggle, Darin) (Entered: 01/08/2008)

Jan. 8, 2008
102

MOTION in Limine (Proposed Order Submitted) by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in Support)(Tuggle, Darin) (Entered: 01/08/2008)

Jan. 8, 2008

State / Territory: Tennessee

Case Type(s):

Equal Employment

Special Collection(s):

IWPR/Wage Project Consent Decree Study

Key Dates

Filing Date: July 25, 2006

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of a black employee who was retaliated against because of filing this suit.

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

STEIN WORLD LLC, Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

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: 63,426.41

Order Duration: 2008 - 2009

Content of Injunction:

Neutral/Positive Reference

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Retaliation Prohibition

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Race discrimination

Race:

Black

EEOC-centric:

Private Party intervened in EEOC suit