Case: EEOC v. WESTERN CONTAINER

4:06-cv-00815 | U.S. District Court for the Western District of Missouri

Filed Date: Sept. 29, 2006

Closed Date: April 2, 2010

Clearinghouse coding complete

Case Summary

The Kansas City office of the EEOC brought this suit against Western Container in the U.S. District Court for the Western District of Missouri in September 2006. The complaint alleged that Western Container discriminated against a black employee in violation of Title VII of the Civil Rights Act of 1964. The complainant intervened in June 2007, adding causes of action under the Missouri Human Rights Act. After some discovery, the parties settled the case in March 2008 by entry of a consent de…

The Kansas City office of the EEOC brought this suit against Western Container in the U.S. District Court for the Western District of Missouri in September 2006. The complaint alleged that Western Container discriminated against a black employee in violation of Title VII of the Civil Rights Act of 1964. The complainant intervened in June 2007, adding causes of action under the Missouri Human Rights Act. After some discovery, the parties settled the case in March 2008 by entry of a consent decree.

The decree included non-discrimination and non-retaliation clauses, required maintenance of a written Title VII policy and required distribution and posting of the policy. The decree also required Western Container to provide eight hours of EEO training on racial harassment and discrimination to all supervisory employees and provide six hours of such training to all non-supervisory employees. Additionally, during the second year of the consent decree, Western Container was required to provide two hours of follow-up training to its supervising employees. Western Container was also required to report to the EEOC bi-annually regarding all internal complaints of racial discrimination. The EEOC also was allowed access to review compliance with the decree by providing five days written notice in advance of an inspection. The injunctive parts of the decree had a two year term. If the EEOC found non-compliance, the decree called for application to the Court for enforcement. In addition, Western Container agreed to pay the complainant $126,250. The settlement term was 2 years. The docket sheet does not show any further enforcement; the case was presumably closed in 2010.

Summary Authors

Justin Kanter (5/27/2008)

Documents in the Clearinghouse

Document

4:06-cv-00815

Docket [PACER]

EEOC v. Western Container

April 2, 2008

April 2, 2008

Docket
1

4:06-cv-00815

Complaint

EEOC v. Western Container

Sept. 29, 2006

Sept. 29, 2006

Complaint
17

4:06-cv-00815

Complaint [by Intervenor]

EEOC v. Western Container Company

June 14, 2007

June 14, 2007

Complaint
49

4:06-cv-00815

Consent Decree

EEOC v. Western Container Company

April 2, 2008

April 2, 2008

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4301015/equal-employment-opportunity-commission-v-western-container/

Last updated Aug. 9, 2022, 3:19 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Western Container (Filing fee $350) Service due by 1/29/2007, filed by Anne E. Gusewelle on behalf of Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(Gusewelle, Anne) (Entered: 09/29/2006)

1 Civil Cover Sheet

View on PACER

Sept. 29, 2006

Sept. 29, 2006

RECAP
2

Notice of EAPADMIN (Attachments: # 1 General Order)(Kee, Georgia) (Entered: 10/02/2006)

1 General Order

View on PACER

Oct. 2, 2006

Oct. 2, 2006

PACER
3

WAIVER OF SERVICE returned executed by Equal Employment Opportunity Commission. Western Container waiver sent on 10/26/2006, answer due 12/26/2006. (Gusewelle, Anne) (Entered: 11/16/2006)

Nov. 16, 2006

Nov. 16, 2006

PACER
4

NOTICE of appearance by Paul E. Donnelly on behalf of Western Container (Donnelly, Paul) (Entered: 11/29/2006)

Nov. 29, 2006

Nov. 29, 2006

PACER
5

DISCLOSURE OF CORPORATE INTERESTS /CERTIFICATE OF INTEREST FOR DEFENDANT WESTERN CONTAINER COMPANY filed by Erin C. Kobler on behalf of Defendant Western Container.(Kobler, Erin) (Entered: 11/29/2006)

Nov. 29, 2006

Nov. 29, 2006

PACER
6

ANSWER to Complaint filed by Paul E. Donnelly on behalf of Defendant Western Container.(Donnelly, Paul) (Entered: 12/22/2006)

Dec. 22, 2006

Dec. 22, 2006

PACER
7

NOTICE OF PRETRIAL PROCEDURE signed by Judge Howard F. Sachs on 1/3/2007. The parties shall file a joint Proposed Scheduling Order by 2/9/2007.(Moritz, Julie) (Entered: 01/03/2007)

Jan. 3, 2007

Jan. 3, 2007

PACER
8

CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Paul E. Donnelly on behalf of Defendant Western Container.(Donnelly, Paul) (Entered: 01/24/2007)

Jan. 24, 2007

Jan. 24, 2007

PACER
9

CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Anne E. Gusewelle on behalf of Plaintiff Equal Employment Opportunity Commission.(Gusewelle, Anne) (Entered: 02/01/2007)

Feb. 1, 2007

Feb. 1, 2007

PACER
10

PROPOSED SCHEDULING ORDER AND DISCOVERY PLAN by Equal Employment Opportunity Commission, Western Container. (Gusewelle, Anne) (Entered: 02/09/2007)

Feb. 9, 2007

Feb. 9, 2007

PACER
11

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission of Supplemental Disclosures filed by Anne E. Gusewelle on behalf of Plaintiff Equal Employment Opportunity Commission.(Gusewelle, Anne) (Entered: 02/21/2007)

Feb. 21, 2007

Feb. 21, 2007

PACER
12

CERTIFICATE OF SERVICE by Western Container /First Interrogatories and First Request for Production of Documents filed by Erin C. Kobler on behalf of Defendant Western Container.(Kobler, Erin) (Entered: 03/29/2007)

March 29, 2007

March 29, 2007

PACER
13

MOTION to intervene filed by Kevin A Graham on behalf of Keith Simmons. Suggestions in opposition/response due by 4/27/2007 unless otherwise directed by the court. (Attachments: # 1 Exhibit Complaint# 2 Exhibit Exhibit 1# 3 Exhibit Exhibit 2)(Graham, Kevin) (Entered: 04/12/2007)

1 Exhibit Complaint

View on PACER

2 Exhibit Exhibit 1

View on PACER

3 Exhibit Exhibit 2

View on PACER

April 12, 2007

April 12, 2007

PACER
14

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 12 Certificate of Service of Responses to Defendant's First Interrogatories, First Request for Production of Documents and Privilege Log filed by Anne E. Gusewelle on behalf of Plaintiff Equal Employment Opportunity Commission. Related document: 12 Certificate of Service filed by Western Container.(Gusewelle, Anne) (Entered: 05/10/2007)

May 10, 2007

May 10, 2007

PACER
15

SCHEDULING ORDER signed by Judge Howard F. Sachs on 6/7/2007. Discovery is due by 10/1/2007. An Accelerated Jury Trial is set for 3/31/2008 at 09:00AM in Courtroom 7B, Kansas City (HFS) before Judge Howard Sachs. Dispositive Motions are due by 10/26/2007. (Moritz, Julie) (Entered: 06/07/2007)

June 7, 2007

June 7, 2007

PACER
16

ORDER granting Keith Simmons' motion to intervene (Doc. 13) signed by Judge Howard F. Sachs on 6/7/2007. Simmons is to file his intervenor complaint within 3 days of the date of this order. (Moritz, Julie) (Entered: 06/07/2007)

June 7, 2007

June 7, 2007

PACER
17

Intervenor COMPLAINT Service due by 10/15/2007. filed by Kevin A Graham on behalf of Keith Simmons. (Attachments: # 1 Exhibit Exhibit 1# 2 Exhibit Exhibit 2)(Graham, Kevin) (Entered: 06/14/2007)

1 Exhibit Exhibit 1

View on PACER

2 Exhibit Exhibit 2

View on PACER

June 14, 2007

June 14, 2007

PACER
18

MOTION for extension of time to respond to the EEOC's discovery requests filed by Erin C. Kobler on behalf of Western Container. Suggestions in opposition/response due by 7/26/2007 unless otherwise directed by the court. (Kobler, Erin) (Entered: 07/09/2007)

July 9, 2007

July 9, 2007

PACER
19

CERTIFICATE OF SERVICE by Western Container filed by Erin C. Kobler on behalf of Defendant Western Container.(Kobler, Erin) (Entered: 07/26/2007)

July 26, 2007

July 26, 2007

PACER
20

ORDER granting Western Container's motion for extension of time with retroactive effect (Doc. 18) signed by Judge Howard F. Sachs on 7/27/2007. Western Container's service of the discovery responses at issue on 7/25/2007 is deemed timely. (Moritz, Julie) (Entered: 07/27/2007)

July 27, 2007

July 27, 2007

PACER
21

ANSWER to Intervenor Complaint filed by Erin C. Kobler on behalf of Defendant Western Container.(Kobler, Erin) (Entered: 08/07/2007)

Aug. 7, 2007

Aug. 7, 2007

PACER
22

NOTICE of filing by Western Container Revised Joint Proposed Scheduling Order and Discovery Plan (Donnelly, Paul) (Entered: 09/13/2007)

Sept. 13, 2007

Sept. 13, 2007

PACER
23

Motion to Amend the PROPOSED SCHEDULING ORDER Joint Motion of the Parties to Revise the Scheduling Order and Initial Discovery Plan by Western Container. (Attachments: # 1 Exhibit 1)(Donnelly, Paul) Modified on 9/18/2007 to correct the document type to a motion and to change the document title text. Suggestions in opposition/response due by 10/4/2007 unless otherwise directed by the court. (Beard, Melanie). (Entered: 09/18/2007)

1 Exhibit 1

View on PACER

Sept. 18, 2007

Sept. 18, 2007

PACER
24

SUGGESTIONS in support re 23 MOTION to amend/correct the Scheduling Order and Initial Discovery Plan filed by Paul E. Donnelly on behalf of Defendant Western Container. (Related document(s) 23 ) (Donnelly, Paul) (Entered: 09/18/2007)

Sept. 18, 2007

Sept. 18, 2007

PACER
25

ORDER granting the parties' joint motion to amend the scheduling order (Doc. 23) signed by Judge Howard F. Sachs on 9/27/2007. Discovery is to be completed by 1/30/2008. Dispositive motions are due by 3/3/2008. This matter will be set for trial on the fall accelerated jury trial docket commencing 10/14/2008.(Moritz, Julie) (Entered: 09/27/2007)

Sept. 27, 2007

Sept. 27, 2007

PACER
26

CERTIFICATE OF SERVICE by Keith Simmons of mailing Plaintiff-Intervenor's initial discovery filed by Kevin A Graham on behalf of Intervenor Plaintiff Keith Simmons.(Graham, Kevin) (Entered: 09/28/2007)

Sept. 28, 2007

Sept. 28, 2007

PACER
27

Consent MOTION for extension of time to respond to the plaintiff-intervenor's discovery requests filed by Erin C. Kobler on behalf of Western Container. Suggestions in opposition/response due by 11/23/2007 unless otherwise directed by the court. (Kobler, Erin) (Entered: 11/05/2007)

Nov. 5, 2007

Nov. 5, 2007

PACER
28

CERTIFICATE OF SERVICE by Western Container filed by Paul E. Donnelly on behalf of Defendant Western Container.(Donnelly, Paul) (Entered: 11/08/2007)

Nov. 8, 2007

Nov. 8, 2007

PACER
29

Consent MOTION to amend/correct 15 Scheduling Order, Motion of the Defendant to Revise the Amended Scheduling Order and Initial Discovery Plan filed by Paul E. Donnelly on behalf of Western Container. Suggestions in opposition/response due by 12/3/2007 unless otherwise directed by the court. (Attachments: # 1 Exhibit Attachment 1)(Related document(s) 15 ) (Donnelly, Paul) (Entered: 11/16/2007)

1 Exhibit Attachment 1

View on PACER

Nov. 16, 2007

Nov. 16, 2007

PACER
30

SUGGESTIONS in support re 29 Consent MOTION to amend/correct 15 Scheduling Order, Motion of the Defendant to Revise the Amended Scheduling Order and Initial Discovery PlanConsent MOTION to amend/correct 15 Scheduling Order, Motion of the Defendant to Revise the Amended Scheduling Order and Initial Discovery Plan filed by Paul E. Donnelly on behalf of Defendant Western Container. (Related document(s) 29 ) (Donnelly, Paul) (Entered: 11/16/2007)

Nov. 16, 2007

Nov. 16, 2007

PACER
31

CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Kevin A Graham on behalf of Intervenor Plaintiff Keith Simmons.(Graham, Kevin) (Entered: 11/21/2007)

Nov. 21, 2007

Nov. 21, 2007

PACER
32

CERTIFICATE OF SERVICE by Western Container of Response to Plaintiff-Intervenor's First Interrogatories to Defendant, Response to Plaintiff-Intervenor's First Request for Production of Documents to Defendant and Defendant's Supplemental Fed.R.Civ.P. 26(a)(1) Initial Disclosures filed by Erin C. Kobler on behalf of Defendant Western Container.(Kobler, Erin) (Entered: 11/21/2007)

Nov. 21, 2007

Nov. 21, 2007

PACER
33

NOTICE to take deposition of Keith Simmons filed by Paul E. Donnelly on behalf of Defendant Western Container.(Donnelly, Paul) (Entered: 01/03/2008)

Jan. 3, 2008

Jan. 3, 2008

PACER
34

CERTIFICATE OF SERVICE by Keith Simmons of filing Plaintiff-Intervenor's discovery responses filed by Kevin A Graham on behalf of Intervenor Plaintiff Keith Simmons.(Graham, Kevin) (Entered: 01/03/2008)

Jan. 3, 2008

Jan. 3, 2008

PACER
35

NOTICE to take deposition of Rick Horton filed by Kevin A Graham on behalf of Intervenor Plaintiff Keith Simmons.(Graham, Kevin) (Entered: 01/14/2008)

Jan. 14, 2008

Jan. 14, 2008

PACER
36

NOTICE to take deposition of Kendall Sanders filed by Kevin A Graham on behalf of Intervenor Plaintiff Keith Simmons.(Graham, Kevin) (Entered: 01/14/2008)

Jan. 14, 2008

Jan. 14, 2008

PACER
37

NOTICE to take deposition of Luther Haney filed by Kevin A Graham on behalf of Intervenor Plaintiff Keith Simmons.(Graham, Kevin) (Entered: 01/23/2008)

Jan. 23, 2008

Jan. 23, 2008

PACER
38

NOTICE to take deposition of Mark Radosevich filed by Kevin A Graham on behalf of Intervenor Plaintiff Keith Simmons.(Graham, Kevin) (Entered: 01/23/2008)

Jan. 23, 2008

Jan. 23, 2008

PACER
39

NOTICE to take deposition of Larry Schroeder filed by Kevin A Graham on behalf of Intervenor Plaintiff Keith Simmons.(Graham, Kevin) (Entered: 01/23/2008)

Jan. 23, 2008

Jan. 23, 2008

PACER
40

CERTIFICATE OF SERVICE by Western Container of Defendant's Second Supplemental Fed. R. Civ. P. 26(a)(1) Disclosures filed by Erin C. Kobler on behalf of Defendant Western Container.(Kobler, Erin) (Entered: 01/28/2008)

Jan. 28, 2008

Jan. 28, 2008

PACER
41

CERTIFICATE OF SERVICE by Western Container of Defendant's Supplemental Responses to EEOC's First Interrogatories filed by Erin C. Kobler on behalf of Defendant Western Container.(Kobler, Erin) (Entered: 01/28/2008)

Jan. 28, 2008

Jan. 28, 2008

PACER
42

MOTION for order Setting New Trial Date filed by Anne E. Gusewelle on behalf of Equal Employment Opportunity Commission. Suggestions in opposition/response due by 2/13/2008 unless otherwise directed by the court. (Gusewelle, Anne) (Entered: 01/29/2008)

Jan. 29, 2008

Jan. 29, 2008

PACER
43

NOTICE to take deposition of Dennis Wilson filed by Erin C. Kobler on behalf of Defendant Western Container.(Kobler, Erin) (Entered: 01/31/2008)

Jan. 31, 2008

Jan. 31, 2008

PACER
44

NOTICE to take deposition of Danielle Perkins filed by Erin C. Kobler on behalf of Defendant Western Container.(Kobler, Erin) (Entered: 01/31/2008)

Jan. 31, 2008

Jan. 31, 2008

PACER
45

NOTICE to take deposition of Tezzie Wells filed by Erin C. Kobler on behalf of Defendant Western Container.(Kobler, Erin) (Entered: 01/31/2008)

Jan. 31, 2008

Jan. 31, 2008

PACER
46

Amended NOTICE to take deposition of Danielle Perkins filed by Paul E. Donnelly on behalf of Defendant Western Container.(Donnelly, Paul) (Entered: 02/05/2008)

Feb. 5, 2008

Feb. 5, 2008

PACER
47

Amended NOTICE to take deposition of Tezzie Wells filed by Paul E. Donnelly on behalf of Defendant Western Container.(Donnelly, Paul) (Entered: 02/05/2008)

Feb. 5, 2008

Feb. 5, 2008

PACER
48

Joint MOTION for consent judgment filed by Anne E. Gusewelle on behalf of Equal Employment Opportunity Commission. Suggestions in opposition/response due by 4/11/2008 unless otherwise directed by the court. (Attachments: # 1 Executed Consent Decree)(Gusewelle, Anne) Modified on 3/28/2008 to delete the proposed order, which was attached in error (Beard, Melanie). (Entered: 03/27/2008)

March 27, 2008

March 27, 2008

PACER
49

ORDER granting 48 motion for consent judgment. (See order for details.) Signed by District Judge Howard F. Sachs on 04/02/08. (Duer, Tina) (Entered: 04/02/2008)

April 2, 2008

April 2, 2008

RECAP

Case Details

State / Territory: Missouri

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. 29, 2006

Closing Date: April 2, 2010

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

Western Container (Kansas City, Missouri), Private Entity/Person

Case Details

Causes of Action:

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

State Anti-Discrimination Law

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: 126250

Order Duration: 2008 - 2010

Content of Injunction:

Monitoring

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Provide antidiscrimination training

Implement complaint/dispute resolution process

Post/Distribute Notice of Rights / EE Law

Reporting

Issues

General:

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit