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)

Documents in the Clearinghouse

Document

Docket

EEOC v. Five Cap Inc

Nov. 13, 2006 Docket
1

Complaint

EEOC v. Five Cap Inc

Feb. 28, 2005 Complaint
25

Consent Decree

EEOC v. Five Cap Inc

Nov. 13, 2006 Order/Opinion

Resources

Title Description External URL

Judicial Independence, Employment Discrimination Studies Funded

Ann Nicholson

This brief article describes the Clearinghouse's award of $12,000 to build its collection of employment discrimination class actions brought by private plaintiffs. Nov. 1, 2008 https://law.wustl.edu/...

Under the Radar: Visibility and the Effects of Discrimination Lawsuits in Small and Large Firms

Carly Knight, Frank Dobbin, Alexandra Kalev

Research on how discrimination lawsuits affect corporate diversity has yielded mixed results. Qualitative studies highlight the limited efficacy of lawsuits in the typical workplace, finding that lit… April 1, 2022 https://cris.tau.ac.il/...

Docket

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

ECF Number Description Date Link
1

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

Feb. 28, 2005

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

Feb. 28, 2005
2

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

March 17, 2005
3

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)

March 24, 2005
4

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)

April 7, 2005
5

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

April 12, 2005
6

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)

April 13, 2005
8

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

May 25, 2005
9

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)

June 20, 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)

June 30, 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)

Aug. 1, 2005
10

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

Oct. 3, 2005
11

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

Nov. 22, 2005
12

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

Nov. 22, 2005
13

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)

Dec. 5, 2005
14

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)

Dec. 9, 2005
15

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)

Feb. 1, 2006
16

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

March 14, 2006
17

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)

April 11, 2006
18

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)

May 30, 2006
19

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)

June 1, 2006
20

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

June 7, 2006
21

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)

June 8, 2006
22

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)

June 16, 2006
23

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

Aug. 18, 2006
24

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

Nov. 9, 2006
25

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

Nov. 13, 2006

State / Territory: Michigan

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — 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

Five Cap, Inc., Private Entity/Person

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

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: 60000

Order Duration: 2006 - 2009

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Issues

General:

Disparate Treatment

Discrimination-basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits