Case: EEOC v. FIVE CAP INC

1:05-cv-00153 | U.S. District Court for the Western District of Michigan

Filed Date: Feb. 28, 2005

Closed Date: 2009

Clearinghouse coding complete

Case Summary

In February 2005, the EEOC district office in Detroit, Michigan brought this suit against Five Cap, Inc. in the U.S District Court for the Western District of Michigan. The complaint alleged violations of the Americans with Disabilities Act of 1990 (ADA). Specifically, an employee alleged that after she took medical leave, her employer refused to let her come back to work until all of her medical treatment was complete. After the parties attended mediation, a consent decree was entered in November 2006.In the consent decree, the parties agreed that the defendant would regrain from retaliating or discriminating on the basis of disability, pay the complainant $60,000, provide EEO training to all of its supervisors, and post EEO notices. No fees or costs were awarded. The terms of the agreement run for three years. The docket sheet does not show any further enforcement; the case was presumably closed in 2009.

Summary Authors

Jason Chester (6/21/2007)

Clearinghouse (6/12/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/14153331/parties/equal-employment-opportunity-commission-v-five-cap-inc/


Judge(s)

Bell, Robert Holmes (Michigan)

Documents in the Clearinghouse

Documents in this case

1:05-cv-00153

Docket

EEOC v. Five Cap Inc

Nov. 13, 2006

Nov. 13, 2006

Docket
1

1:05-cv-00153

Complaint

EEOC v. Five Cap Inc

Feb. 28, 2005

Feb. 28, 2005

Complaint
25

1:05-cv-00153

Consent Decree

EEOC v. Five Cap Inc

Nov. 13, 2006

Nov. 13, 2006

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/14153331/equal-employment-opportunity-commission-v-five-cap-inc/

Last updated Sept. 17, 2026, 10:59 p.m.

Docket for: Equal Employment Opportunity Commission v. Five Cap, Inc.
ECF Number Date Description Link
1 Feb. 28, 2005

COMPLAINT with jury demand against Five Cap, Inc. filed by Equal Employment Opportunity Commission (cmi, ) (Entered: 03/02/2005)

RECAP
Feb. 28, 2005

SUMMONS ISSUED as to Five Cap, Inc. (cmi, ) (Entered: 03/02/2005)

PACER
Feb. 28, 2005

SUMMONS ISSUED as to Five Cap, Inc. (cmi, )

2 March 17, 2005

ANSWER to complaint and Affirmative Defenses by Five Cap, Inc. (McNulty, Richard) (Entered: 03/17/2005)

RECAP
3 March 24, 2005

ORDER setting Rule 16 scheduling conference: Rule 16 scheduling conference is set for 4/12/2005 at 04:00 PM at Lansing, MI before Judge David W. McKeague; status report due by 4/7/2005 ; signed by Judge David W. McKeague (Judge David W. McKeague, bsd) (Entered: 03/24/2005)

RECAP
4 April 7, 2005

JOINT STATUS REPORT submitted for filing by plaintiff Equal Employment Opportunity Commission and defendant Five Cap, Inc. (McNulty, Richard) Modified on 4/8/2005 to add pltf filer (pjl) (Entered: 04/07/2005)

RECAP
5 April 12, 2005

MINUTES of scheduling conference held before Judge David W. McKeague (Judge David W. McKeague, bsd) (Entered: 04/13/2005)

RECAP
6 April 13, 2005

CASE MANAGEMENT ORDER: jury trial set for March, 2006, trial docket at Lansing, MI before Judge David W. McKeague; settlement conference set for 1/10/2006 at 09:30 AM at Grand Rapids, MI before Magistrate Judge Joseph G. Scoville; final pretrial conference set for 2/6/2006 at 11:00 AM at Lansing, MI before Judge David W. McKeague; ; signed by Judge David W. McKeague (Judge David W. McKeague, bsd) (Entered: 04/13/2005)

RECAP
7 May 24, 2005

CERTIFICATE OF SERVICE by defendant Five Cap, Inc. re: Defendant's Initial Disclosures (McNulty, Richard) (Entered: 05/24/2005)

RECAP
8 May 25, 2005

CERTIFICATE OF SERVICE by plaintiff Equal Employment Opportunity Commission Rule 26 disclosures (Mengesha, Trina) (Entered: 05/25/2005)

RECAP
9 June 20, 2005

ORDER referring case to VOLUNTARY FACILITATIVE MEDIATION: Facilitative Mediator rep by Jon G. March added; plaintiff VFM fee to be submitted by 7/5/2005; defendant VFM fee to be submitted by 7/5/2005 ; signed by Judge David W. McKeague (Judge David W. McKeague, bsd) (Entered: 06/20/2005)

RECAP
June 30, 2005

VFM FEE RECEIVED in the amount of $25.00, check number 15198 for payment of Defendant Five Cap, Inc.'s VFM fee (ADR Administrator, mjs) (Entered: 06/30/2005)

PACER
June 30, 2005

VFM FEE RECEIVED in the amount of $25.00, check number 15198 for payment of Defendant Five Cap, Inc.'s VFM fee (ADR Administrator, mjs)

Aug. 1, 2005

VFM FEE RECEIVED in the amount of $25.00, check number 168 for payment of Plaintiff Equal Employment Opportunity Commission's VFM fee (ADR Administrator, mjs) (Entered: 08/01/2005)

PACER
Aug. 1, 2005

VFM FEE RECEIVED in the amount of $25.00, check number 168 for payment of Plaintiff Equal Employment Opportunity Commission's VFM fee (ADR Administrator, mjs)

10 Oct. 3, 2005

ATTORNEY APPEARANCE of Omar Weaver on behalf of plaintiff Equal Employment Opportunity Commission (Weaver, Omar) (Entered: 10/03/2005)

RECAP
11 Nov. 22, 2005

PROPOSED STIPULATION and ORDER Extending Discovery and Other Deadlines by defendant Five Cap, Inc. (McNulty, Richard) (Entered: 11/22/2005)

RECAP
12 Nov. 22, 2005

ORDER granting STIPULATION 11 EXTENDING DEADLINES; signed by Magistrate Judge Joseph G. Scoville (Magistrate Judge Joseph G. Scoville, mmh) (Entered: 11/22/2005)

RECAP
13 Dec. 5, 2005

ADMINISTRATIVE ORDER No. 05-158 that this case is reassigned to Chief Judge Robert Holmes Bell for all further proceedings; signed by Chief Judge Robert Holmes Bell (gjf) Modified text on 12/9/2005 (mbb, ). (Entered: 12/06/2005)

RECAP
14 Dec. 9, 2005

NOTICE rescheduling hearing that was previously set for 1/10/06; settlement conference rescheduled for 6/29/2006 at 09:30 AM at 685 Federal Building, Grand Rapids, MI before Magistrate Judge Joseph G. Scoville; (Magistrate Judge Joseph G. Scoville, mmh) (Entered: 12/09/2005)

RECAP
15 Feb. 1, 2006

ORDER SETTING FINAL PRETRIAL AND JURY TRIAL: Jury trial set for 8/28/2006 at 9:00 am before Chief Judge Robert Holmes Bell, 601 Ford Federal Building, 110 Michigan St., NW, Grand Rapids, MI; Final Pretrial Conference set for 8/21/2006 at 1:30 pm before Chief Judge Robert Holmes Bell, 601 Ford Federal Building, 110 Michigan St., NW, Grand Rapids, MI; signed by Chief Judge Robert Holmes Bell (Chief Judge Robert Holmes Bell, ymc) (Entered: 02/01/2006)

RECAP
16 March 14, 2006

PROPOSED STIPULATION and ORDER Extending Discovery And Other Deadlines by defendant Five Cap, Inc. (McNulty, Richard) (Entered: 03/14/2006)

RECAP
17 April 11, 2006

AMENDED CASE MANAGEMENT ORDER: jury trial set for 9/18/2006 at 9:00 AM at 601 Federal Building, Grand Rapids, MI before Chief Judge Robert Holmes Bell; settlement conference set for 8/15/2006 at 9:30 AM at 699 Federal Building, Grand Rapids, MI before Magistrate Judge Joseph G. Scoville; final pretrial conference set for 9/8/2006 at 1:00 PM at 601 Federal Building, Grand Rapids, MI before Chief Judge Robert Holmes Bell; signed by Chief Judge Robert Holmes Bell (Chief Judge Robert Holmes Bell, ymc) (Entered: 04/11/2006)

RECAP
18 May 30, 2006

PROPOSED STIPULATION and ORDER Extending, By Seven Days Only, the Deadlines To File and Respond To Dispositive Motions by defendant Five Cap, Inc. (McNulty, Richard) (Entered: 05/30/2006)

RECAP
19 June 1, 2006

ORDER granting STIPULATION 18 extending, by 7 days, the deadline to file and respond to dispositive motions; signed by Chief Judge Robert Holmes Bell (Chief Judge Robert Holmes Bell, ymc) (Entered: 06/01/2006)

RECAP
20 June 7, 2006

NOTICE of Withdrawal of Counsel by plaintiff Equal Employment Opportunity Commission (Rapport, Adele) (Entered: 06/07/2006)

RECAP
21 June 8, 2006

PROPOSED STIPULATION and ORDER To Adjourn Pending Approval Of Settlement By The Bankruptcy Court by defendant Five Cap, Inc. (McNulty, Richard) (Entered: 06/08/2006)

RECAP
22 June 16, 2006

ORDER granting STIPULATION 21 and adjourning settlement conference, final pretrial and trial; signed by Chief Judge Robert Holmes Bell (Chief Judge Robert Holmes Bell, sdb) (Entered: 06/16/2006)

RECAP
23 Aug. 18, 2006

LETTER from Richard D. McNulty for defendant Five Cap, Inc. regarding Status Of Case Settlement (McNulty, Richard) (Entered: 08/18/2006)

RECAP
24 Nov. 9, 2006

PROPOSED CONSENT DECREE by plaintiff Equal Employment Opportunity Commission (Mengesha, Trina) (Entered: 11/09/2006)

RECAP
25 Nov. 13, 2006

ORDER granting consent decree 24 ; signed by Chief Judge Robert Holmes Bell (Chief Judge Robert Holmes Bell, ymc) (Entered: 11/13/2006)

RECAP

Case Details

State / Territory:

Michigan

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 28, 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

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Private Entity/Person

Five Cap, Inc.

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101 et seq.

Other Dockets:

Western District of Michigan 1:05-cv-00153

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:

Discrimination Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Retaliation Prohibition

Amount Defendant Pays: 60000

Order Duration: 2006 - 2009

Issues

Discrimination Area:

Disparate Treatment

Discrimination Basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits

Recommended Citation