Case: EEOC v. THE GREAT ATLANTIC & PACIFIC TEA COMPANY INC

1:04-cv-03114 | U.S. District Court for the District of Maryland

Filed Date: Sept. 29, 2004

Closed Date: Aug. 17, 2007

Clearinghouse coding complete

Case Summary

In September 2004, the EEOC instituted this action in the U.S. District Court for the District of Maryland under Title VII of the Civil Rights Act of 1964 against The Great Atlantic & Pacific Tea Company, Inc d/b/a Eight O'Clock Coffee. The EEOC alleged that the defendant had retaliated against an employee for opposing a practice made illegal by Title VII. Specifically, the complainant opposed the defendant's alleged practice of discriminating against another employee on the basis of race. F…

In September 2004, the EEOC instituted this action in the U.S. District Court for the District of Maryland under Title VII of the Civil Rights Act of 1964 against The Great Atlantic & Pacific Tea Company, Inc d/b/a Eight O'Clock Coffee. The EEOC alleged that the defendant had retaliated against an employee for opposing a practice made illegal by Title VII. Specifically, the complainant opposed the defendant's alleged practice of discriminating against another employee on the basis of race. Following an unsuccessful motion for summary judgment by the defendant, the parties agreed to enter into a settlement agreement in order to discharge all claims and end the litigation. The agreement provided that the defendant pay the complainant $85,000, cease retaliating, and create new training workshops to teach employees about equal employment opportunity policies and retaliation.

The decree was entered in 2005 and scheduled to last 2007. No further docket entries exist, so the case is closed.

Summary Authors

Kevin Wilemon (6/30/2007)

Clearinghouse (12/21/2018)

Related Cases

EEOC v. THE GREAT ATLANTIC & PACIFIC TEA COMPANY, INC., District of Maryland (2005)

Documents in the Clearinghouse

Document

1:04-cv-03114

Docket

EEOC v. The Great Atlantic & Pacific Tea Company Inc

Nov. 16, 2006

Nov. 16, 2006

Docket
1

1:04-cv-03114

Complaint

EEOC v. The Great Atlantic & Pacific Tea Company Inc

Sept. 29, 2004

Sept. 29, 2004

Complaint
13

1:04-cv-03114

Memo To Counsel Re: EEOC v. The Great Atlantic & Pacific Tea Co Inc [Order Denying Motion for Summary Judgment]

EEOC v. The Great Atlantic & Pacific Tea Company Inc

Feb. 9, 2005

Feb. 9, 2005

Order/Opinion
20

1:04-cv-03114

Settlement Agreement

EEOC v. The Great Atlantic & Pacific Tea Company Inc

Aug. 17, 2005

Aug. 17, 2005

Settlement Agreement

Resources

Docket

Last updated Sept. 3, 2022, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against The Great Atlantic & Pacific Tea Company, Inc. , filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(ljs, Deputy Clerk) (Entered: 09/30/2004)

Sept. 29, 2004

Sept. 29, 2004

Clearinghouse

JURY TRIAL DEMAND by Equal Employment Opportunity Commission. (ljs, Deputy Clerk) (Entered: 09/30/2004)

Sept. 29, 2004

Sept. 29, 2004

2

Notice of Lawsuit and REQUEST FOR WAIVER of Service sent to The Great Atlantic & Pacific Tea Company, Inc., by Equal Employment Opportunity Commission. (ljs, Deputy Clerk) (Entered: 09/30/2004)

Sept. 29, 2004

Sept. 29, 2004

3

WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. The Great Atlantic & Pacific Tea Company, Inc. waiver sent on 10/18/2004, answer due 12/17/2004. (Andrew, Regina) (Entered: 11/01/2004)

Nov. 1, 2004

Nov. 1, 2004

4

NOTICE of Appearance by Peter F Healey Jr on behalf of The Great Atlantic & Pacific Tea Company, Inc. (Healey, Peter) (Entered: 11/19/2004)

Nov. 19, 2004

Nov. 19, 2004

5

ANSWER to Complaint by The Great Atlantic & Pacific Tea Company, Inc..(Healey, Peter) (Entered: 12/01/2004)

Dec. 1, 2004

Dec. 1, 2004

6

Correspondence setting scheduling conference. (Attachments: # 1)(Motz, J.) (Entered: 12/03/2004)

Dec. 3, 2004

Dec. 3, 2004

7

Local Rule 103.3 Disclosure of Affiliations and Financial Interest. (Healey, Peter) (Entered: 12/07/2004)

Dec. 7, 2004

Dec. 7, 2004

8

MOTION for Summary Judgment by The Great Atlantic & Pacific Tea Company, Inc.. Responses due by 1/9/2005 (Attachments: # 1 Statement of Undisputed Material Facts# 2 Memorandum in Support of Summary Judgment# 3 Text of Proposed Order # 4 Exhibit 1# 5 Exhibit 2# 6 Exhibit 3# 7 Exhibit 4# 8 Exhibit 5)(Healey, Peter) (Entered: 12/23/2004)

Dec. 23, 2004

Dec. 23, 2004

9

STIPULATION re 8 MOTION for Summary Judgment Extension of Time by Equal Employment Opportunity Commission. (Andrew, Regina) (Entered: 01/10/2005)

Jan. 10, 2005

Jan. 10, 2005

10

Paperless ORDER granting re 9 Stipulation filed by Equal Employment Opportunity Commission,. Signed by Judge J. Frederick Motz on 1/11/05. (Motz, J.) (Entered: 01/11/2005)

Jan. 11, 2005

Jan. 11, 2005

12

REPLY to Response to Motion re 8 MOTION for Summary Judgment filed by The Great Atlantic & Pacific Tea Company, Inc.. (Healey, Peter) (Entered: 02/03/2005)

Feb. 3, 2005

Feb. 3, 2005

13

ORDER denying 8 Motion of Defendant for Summary Judgment. Signed by Judge J. Frederick Motz on 2/9/05. (jlb, Deputy Clerk) (Entered: 02/09/2005)

Feb. 9, 2005

Feb. 9, 2005

Clearinghouse
14

Correspondence setting scheduling conference. (Attachments: # 1)(Motz, J.) (Entered: 02/09/2005)

Feb. 9, 2005

Feb. 9, 2005

15

Correspondence confirming the matters discussed during the conference held today. (Motz, J.) (Entered: 02/25/2005)

Feb. 25, 2005

Feb. 25, 2005

16

ORDER REFERRING CASE to Magistrate Judge Susan K. Gauvey for Settlement or other ADR Conference. Signed by Judge J. Frederick Motz on 2/25/05. (jlb, Deputy Clerk) (Entered: 02/28/2005)

Feb. 25, 2005

Feb. 25, 2005

17

ORDER SETTING Date for Settlement Conference. Signed by Judge Susan K. Gauvey on 3/1/05. (Attachments: # 1 Mediation Letter)(jlb, Deputy Clerk) (Entered: 03/02/2005)

March 1, 2005

March 1, 2005

18

Settlement Conference - RESCHEDULING TO JULY 12, 2005, AT 9:30 A.M. (Gauvey, Susan) (Entered: 06/01/2005)

June 1, 2005

June 1, 2005

Settlement Conference held on 7/12/2005 before Judge Susan K. Gauvey. (jlb, Deputy Clerk) (Entered: 07/13/2005)

July 12, 2005

July 12, 2005

Judge Susan K. Gauvey no longer assigned to case. (jlb, Deputy Clerk) (Entered: 07/13/2005)

July 13, 2005

July 13, 2005

19

ORDER DISMISSING case with each party to bear its own costs otherwise agreed without prejudice to the right of a party to move for good cause to reopen this action if settlement is not consummated. Signed by Judge J. Frederick Motz on 7/14/05. (jlb, Deputy Clerk) (Entered: 07/14/2005)

July 14, 2005

July 14, 2005

20

SETTLEMENT AGREEMENT by Equal Employment Opportunity Commission. (Andrew, Regina) (Entered: 08/17/2005)

Aug. 17, 2005

Aug. 17, 2005

Clearinghouse
21

PAPERLESS ORDER APPROVING 20 Settlement Agreement filed by Equal Employment Opportunity Commission. Signed by Judge J. Frederick Motz on 8/18/05. (jlb, Deputy Clerk) (Entered: 08/18/2005)

Aug. 18, 2005

Aug. 18, 2005

22

(FILED IN ERROR WRONG CASE) MOTION for Summary Judgment by The Great Atlantic & Pacific Tea Company, Inc..Responses due by 12/4/2006 (Attachments: # 1 Memorandum of Defendant, A&P, In Support of Motion for Summary Judgment# 2 Defendant A&P's Statement of Material Facts Not in Genuine Dispute# 3 Appendix Exhibits of Defendant A&P# 4 Exhibit 1# 5 Exhibit 2# 6 Exhibit 3# 7 Exhibit 4# 8 Exhibit 5# 9 Exhibit 6# 10 Exhibit 7# 11 Exhibit 8# 12 Exhibit 9# 13 Exhibit 10# 14 Exhibit 11# 15 Exhibit 12# 16 Exhibit 13# 17 Exhibit 14# 18 Exhibit 15# 19 Exhibit 16# 20 Exhibit

Nov. 16, 2006

Nov. 16, 2006

Case Details

State / Territory: Maryland

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 29, 2004

Closing Date: Aug. 17, 2007

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

The Great Atlantic and Pacific Tea Company, Inc. (Landover), Private Entity/Person

The Great Atlantic and Pacific Tea Company, Inc. (Landover), Private Entity/Person

Case Details

Causes of Action:

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

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:

Voluntary Dismissal

Amount Defendant Pays: 85000

Order Duration: 2005 - 2007

Content of Injunction:

Retaliation Prohibition

Expungement of Employment Record

Neutral/Positive Reference

Reporting

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Discrimination-basis:

Race discrimination

Race:

White

EEOC-centric:

Direct Suit on Merits