Case: EEOC v. BEVERLY ENTERPRISES - MISSOURI, INC.

4:98-cv-01579 | U.S. District Court for the Eastern District of Missouri

Filed Date: Sept. 21, 1998

Closed Date: 2001

Clearinghouse coding complete

Case Summary

On September 21, 1998, the St. Louis office of the Equal Employment Opportunity Commission filed a lawsuit under Title VII against Beverly Enterprises - Missouri, Inc., Beverly Enterprises, Inc, and Beverly Health and Rehabilitation Services, Inc. in the U.S. District Court for the Eastern District of Missouri. The defendants operated nursing homes in the St. Louis area. The EEOC alleged that the defendants had violated the rights of ten of their employees by discriminating against them on th…

On September 21, 1998, the St. Louis office of the Equal Employment Opportunity Commission filed a lawsuit under Title VII against Beverly Enterprises - Missouri, Inc., Beverly Enterprises, Inc, and Beverly Health and Rehabilitation Services, Inc. in the U.S. District Court for the Eastern District of Missouri. The defendants operated nursing homes in the St. Louis area. The EEOC alleged that the defendants had violated the rights of ten of their employees by discriminating against them on the basis of race or by retaliating against them for complaining on behalf of another employee who suffered discrimination on the basis of their race. We have no record of the complaint in this case.

On February 23, 2000, after several failed motions to dismiss and motions for summary judgment, the defendants succeeded in having the claims of one of the complainants dismissed for failure to prosecute.

On July 2, 2001, the parties entered into a consent decree, which the court adopted three days later. Under the terms of the decree, the defendants agreed to pay a total of $1,199,000.00 in compensatory and emotional distress damages, a sum which included $35,000 in litigation costs to be paid to the U.S. Treasury on behalf of the work done in this case by the EEOC. In addition, the defendants agreed to terminate the employment of the supervisor whose discriminatory behavior was the subject of this lawsuit, and to place in her personnel file a letter stating that they will never employ her again. The defendants agreed to provide neutral reference letters for all of the complainants in this case and to post their anti-discrimination policy at their place of business. Defendants agreed to suspend (for one week) and retrain the person who failed to adequately investigate and handle the complainants' original complaints of discrimination. His training was to take place within 6 months of the entry of the decree, and he was to be trained on the proper investigation of discrimination complaints. Within 45 days, the defendants were to certify to the defendants that they had posted the required notice of anti-discrimination policies at their place of business, and the defendants were to annually certify thereafter to the EEOC that they were in full compliance with the terms of the decree. Additional certification of compliance may also be required to be produced to the EEOC on demand.

After adopting the consent decree, which was to last for 36 months, the district court dismissed the case.

Summary Authors

Justin Kanter (3/18/2008)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/11246470/parties/eeoc-v-beverly-ent-mo/


Documents in the Clearinghouse

Documents in this case

4:98-cv-01579

Docket (PACER)

Equal Employment Opportunity Commission v. Beverly Enterprises - Missouri, Inc.

July 5, 2001

July 5, 2001

Docket
58

4:98-cv-01579

Memorandum and Opinion

Equal Employment Opportunity Commission v. Beverly Enterprises, Inc.

Sept. 15, 1999

Sept. 15, 1999

Order/Opinion
59

4:98-cv-01579

Stipulated Protective Order

Equal Employment Opportunity Commission v. Beverly Enterprises, Inc.

Sept. 22, 1999

Sept. 22, 1999

Order/Opinion
73

4:98-cv-01579

Order

Equal Employment Opportunity Commission v. Beverly Enterprises, Inc.

Oct. 22, 1999

Oct. 22, 1999

Order/Opinion
91

4:98-cv-01579

Order to Show Cause

Equal Employment Opportunity Commission v. Beverly Enterprises, Inc.

Jan. 25, 2000

Jan. 25, 2000

Order/Opinion
92

4:98-cv-01579

Memorandum and Order

Equal Employment Opportunity Commission v. Beverly Enterprises, Inc.

Jan. 27, 2000

Jan. 27, 2000

Order/Opinion
94

4:98-cv-01579

Order

Equal Employment Opportunity Commission v. Beverly Enterprises - Missouri, Inc.

Feb. 23, 2000

Feb. 23, 2000

Order/Opinion

EEOC Settles Racial Harassment Suit with St. Louis Nursing Home for $1.2 Million

Equal Employment Opportunity Commission v. Beverly Enterprises, Inc.

No Court

July 2, 2001

July 2, 2001

Press Release
230

4:98-cv-01579

Consent Decree

Equal Employment Opportunity Commission v. Beverly Enterprises, Inc.

July 5, 2001

July 5, 2001

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/11246470/eeoc-v-beverly-ent-mo/

Last updated Oct. 6, 2026, 6:42 p.m.

Docket for: EEOC v. Beverly Ent - MO
ECF Number Date Description Link
1 Sept. 21, 1998

COMPLAINT; # Waivers of Service Issued: 1 # Counts: 1 # Consents: 2; jury demand (KLK) (Entered: 09/22/1998)

RECAP
2 Sept. 21, 1998

TRACK INFORMATION STATEMENT filed by plaintiff EEOC ;track 3 preferred (KLK) (Entered: 09/22/1998)

RECAP
3 Nov. 20, 1998

TRACK INFORMATION STATEMENT filed by defendant Beverly Ent - MO ;track 3 preferred (ARL) (Entered: 11/23/1998)

RECAP
4 Nov. 20, 1998

ANSWER by defendant Beverly Ent - MO to [1-1] (ARL) (Entered: 11/23/1998)

RECAP
5 Nov. 20, 1998

Notice of Motion: Partial Motion to Dismiss by defendant Beverly Ent - MO (ARL) (Entered: 11/23/1998)

RECAP
6 Nov. 23, 1998

CJRA ORDER Case reassigned to Honorable Rodney W. Sippel pursuant to the provisions of the Civil Justice Reform Act Expense and Delay Reduction Plan (cc: all counsel) (LAH) (Entered: 11/24/1998)

RECAP
7 Nov. 25, 1998

RULE 16 ORDER by Honorable Rodney W. Sippel ; standard(2) track, ; Rule 16 Conference 12/18/98 at 3:30 ; joint scheduling plan ddl 12/11/98 (cc: all counsel) (CMA) (Entered: 11/25/1998)

RECAP
8 Dec. 11, 1998

JOINT PROPOSED SCHEDULING PLAN by defendant Beverly Ent - MO (Signature of Attorney for the Plaintiff is NOT Original) (CMA) (Entered: 12/15/1998)

RECAP
Dec. 14, 1998

Notice of Motion: (Partial) to Dismiss or in the Alternative for Summary Judgment by defendant Beverly Ent - MO (CMA) Modified on 12/23/1998

9 Dec. 18, 1998

CASE MANAGEMENT ORDER by Honorable Rodney W. Sippel ; complex(3) track, Rule 16 Conference Satisfied, ; motion to add party ddl 4/1/99 Disc completion ddl 4/21/00 ; Notice of Motion ddl set for 5/5/00 ; non-disp motion ddl 5/3/00 ; jury trial 11/6/00 at 9:00 ; pt comp ddl 10/17/00 ; ADR future refer 8/1/99 and that reference shall terminate on 9/30/99 (cc: all counsel) (CMA) (Entered: 12/22/1998)

RECAP
10 Jan. 15, 1999

ATTORNEY APPEARANCE for defendant Beverly Ent - MO by C. Wayne K. Davis (CMA) (Entered: 01/20/1999)

RECAP
11 Jan. 25, 1999

Partial MOTION by defendant Beverly Ent - MO to dismiss, or, in the Alternative, for summary judgment w/ Memorandum in Support, Statement of Uncontroverted Facts Pursuant to Local Rule 4.05, and Exhibits A-D (Exhibits Placed in Expandable Folder) (CMA) (Entered: 01/28/1999)

RECAP
12 Jan. 25, 1999

RESPONSE by plaintiff EEOC to partial motion to dismiss [11-1], to motion for summary judgment [11-2] w/ Exhibits E and F and Declaration of EEOC Attorney (CMA) (Entered: 01/28/1999)

RECAP
13 Jan. 25, 1999

REPLY by defendant Beverly Ent - MO to response to motion to dismiss [11-1], motion for summary judgment [11-2] (CMA) (Entered: 01/28/1999)

RECAP
14 April 1, 1999

MOTION by movant Zina Lindsey, movant Valerie Cox, movant Wallace Brady, movant Carolyn Erby, movant Deborah Layton to intervene w/ Proposed Complaint (CMA) (Entered: 04/05/1999)

RECAP
15 April 1, 1999

MOTION by movant Al Golet, movant Kelly D Hatcher, movant Susan Layne Oris, movant Sylvester Chisom, movant Francis M Taylor to intervene w/ Proposed Complaint (CMA) Modified on 04/26/1999 (Entered: 04/05/1999)

RECAP
16 April 13, 1999

MOTION by defendant Beverly Ent - MO to extend Time In Which to File a Response to the Separate Movants' Motions to Intervene Up to and Including 4/23/99 (CMA) Modified on 04/16/1999 (Entered: 04/15/1999)

RECAP
17 April 15, 1999

RULED DOCUMENT by Honorable Rodney W. Sippel granting motion to extend Time In Which to File a Response to the Separate Movants' Motions to Intervene Up to and Including 4/23/99 [16-1] (cc: all counsel) (CMA) (Entered: 04/16/1999)

RECAP
18 April 23, 1999

RESPONSE by defendant Beverly Ent - MO to motion to intervene [14-1] (CMA) (Entered: 04/26/1999)

RECAP
19 April 23, 1999

RESPONSE by defendant Beverly Ent - MO to motion to intervene [15-1] (CMA) (Entered: 04/26/1999)

RECAP
20 May 5, 1999

REPLY by movant Al Golet, movant Kelly D Hatcher, movant Susan Layne Oris, movant Francis M Taylor, movant Sylvester Chisom to response to motion to intervene [15-1] w/ Exhibits 1 and 2 (CMA) (Entered: 05/07/1999)

RECAP
21 May 14, 1999

MOTION by movant Zina Lindsey, movant Valerie Cox, movant Wallace Brady, movant Carolyn Erby, movant Deborah Layton for leave to File Reply to Deft's Response to Movant's Motion to Intervene w/ Proposed Reply (CMA) (Entered: 05/17/1999)

RECAP
22 May 18, 1999

RULED DOCUMENT by Honorable Rodney W. Sippel granting motion for leave to File Reply to Deft's Response to Movant's Motion to Intervene [21-1] (cc: all counsel) (CMA) (Entered: 05/19/1999)

RECAP
23 May 18, 1999

REPLY by movant Zina Lindsey, movant Valerie Cox, movant Wallace Brady, movant Carolyn Erby, movant Deborah Layton to response to motion to intervene [14-1] w/ Exhibit 1 (CMA) (Entered: 05/19/1999)

RECAP
24 July 15, 1999

MEMORANDUM AND ORDER: by Honorable Rodney W. Sippel granting motion to intervene [15-1], granting motion to intervene [14-1] (cc: all counsel) (CMA) (Entered: 07/15/1999)

RECAP
25 July 15, 1999

INTERVENOR'S COMPLAINT by intervenor plaintiff Zina Lindsey, intervenor plaintiff Valerie Cox, intervenor plaintiff Wallace Brady, intervenor plaintiff Carolyn Erby, intervenor plaintiff Deborah Layton; adding intervenor defendant Beverly Ent - MO; jury demand (Note: Attorney for Intervenor Pltf Notified of Need to Serve Intervenor Defts) (CMA) Modified on 07/21/1999 (Entered: 07/15/1999)

RECAP
26 July 15, 1999

INTERVENOR'S COMPLAINT by intervenor plaintiff Al Golet, intervenor plaintiff Kelly D Hatcher, intervenor plaintiff Susan Layne Oris, intervenor plaintiff Francis M Taylor, intervenor plaintiff Sylvester Chisom # Counts: 2; jury demand (Note: Attorney for Intervenor Pltf Notified of Need to Serve Intervenor Defts) (CMA) Modified on 07/21/1999 (Entered: 07/15/1999)

RECAP
27 July 16, 1999

MOTION by defendant Beverly Ent - MO for leave to File Memorandum in Support of its Motion to Compel, or in the Alternative, for Protective Order in Excess of the Page Limitation (18 Pages) (CMA) (Entered: 07/20/1999)

RECAP
28 July 21, 1999

RULED DOCUMENT by Honorable Rodney W. Sippel granting motion for leave to File Memorandum in Support of its Motion to Compel, or in the Alternative, for Protective Order in Excess of the Page Limitation (18 Pages) [27-1] (cc: all counsel) (CEL) (Entered: 07/22/1999)

RECAP
29 July 21, 1999

MOTION by defendant Beverly Ent - MO to compel, or, in the alternative for protective order w/memo and exhibits A-M in support. (CEL) Modified on 08/04/1999 (Entered: 07/22/1999)

RECAP
30 July 28, 1999

MOTION by plaintiff EEOC for leave to File Pltf's Response to Deft's Motion to Compel in Excess of the Page Limitation (18 Pages) w/ Proposed Response and Proposed Affidavit (CMA) (Entered: 07/29/1999)

RECAP
31 July 29, 1999

RULED DOCUMENT by Honorable Rodney W. Sippel granting motion for leave to File Pltf's Response to Deft's Motion to Compel in Excess of the Page Limitation (18 Pages) [30-1] (cc: all counsel) (CMA) (Entered: 07/30/1999)

RECAP
32 July 29, 1999

ANSWER by intervenor defendant Beverly Ent - MO to Complaint of Intervenor plaintiffs Lindsey, Cox, Brady, Erby and Layton [25-1] (CMA) Modified on 08/04/1999 (Entered: 07/30/1999)

RECAP
33 July 29, 1999

ANSWER by intervenor defendant Beverly Ent - MO to Complaint of Intervenor Plaintiffs Golet, Hatcher, Oris, Chisom and Taylor [26-1] (CMA) Modified on 08/04/1999 (Entered: 07/30/1999)

RECAP
34 July 29, 1999

Notice of Motion: Partial Motion to Dismiss or in the Alternative for Summary Judgment (in re: Layton) by intervenor defendant Beverly Ent - MO (CMA) Modified on 08/04/1999 (Entered: 07/30/1999)

RECAP
35 July 29, 1999

Notice of Motion: Partial Motion to Dismiss or in the Alternative for Summary Judgment (in re: Golet, Hatcher, and Oris) by intervenor defendant Beverly Ent - MO (CMA) Modified on 08/04/1999 (Entered: 07/30/1999)

RECAP
36 July 29, 1999

RESPONSE by plaintiff EEOC to motion to compel [29-1], to motion for protective order [29-2] w/ Affidavit of C. Felix Miller w/ Exhibits A and B (CMA) Modified on 08/04/1999 (Entered: 08/04/1999)

RECAP
37 July 30, 1999

HEREBY ORDERED by Honorable Rodney W. Sippel that a hearing will be held on deft's motion to compel on Thursday, 8/5/99 at 10:30 a.m. in Courtroom 3-C In-court hearing 8/5/99 at 10:30 (cc: all counsel) (CMA) (Entered: 07/30/1999)

RECAP
38 Aug. 3, 1999

ORDER REFERRING CASE TO ADR: by Honorable Rodney W. Sippel Case set for Mediation Designation of Lead Counsel: Thomas J. Borek ; ADR completion ddl 9/30/99 Designation of Neutral 8/23/99 ADR Conference Report ddl 8/23/99 (cc: all counsel) (CMA) (Entered: 08/03/1999)

RECAP
39 Aug. 3, 1999

REPLY by defendant Beverly Ent - MO to response to motion to compel [29-1], motion for protective order [29-2] w/ Exhibits A-C (CMA) (Entered: 08/04/1999)

RECAP
40 Aug. 4, 1999

HEREBY ORDERED by Honorable Rodney W. Sippel that the hearing on deft's motion to compel, originally set for Thursday, 8/5/99 at 10:30 a.m. in Courtroom 3-C, has been rescheduled for Friday, 8/6/99 at 3:00 p.m. in Courtroom 3-C In-court hearing 8/6/99 at 3:00 (cc: all counsel) (CMA) (Entered: 08/05/1999)

RECAP
41 Aug. 5, 1999

ATTORNEY APPEARANCE for plaintiff EEOC by C. Felix Miller Jr., Rebecca S. Stith (CEL) (Entered: 08/09/1999)

RECAP
42 Aug. 5, 1999

MOTION by plaintiff EEOC to compel production of documents and responses to interrogs w/memo and exhibits 1-13 (CEL) (Entered: 08/09/1999)

RECAP
43 Aug. 6, 1999

MOTION by plaintiff EEOC to amend by interlineation its motion to compel production and responses to interrogs (CEL) (Entered: 08/09/1999)

RECAP
44 Aug. 6, 1999

MINUTES: before Honorable Rodney W. Sippel ; In-court hearing held re: discovery. Arguments heard on deft's motion to compel. Motion granted in part and denied in part. court reporter: Ann Taylor; proceedings started: 3:00pm - ended: 3:30pm (CEL) (Entered: 08/09/1999)

RECAP
45 Aug. 6, 1999

ORDER by Honorable Rodney W. Sippel ; Status hearing 9/3/99 at 4:00pm in courtroom, Ordered that the parties shall file a joint proposed amended case management order no later than 8/27/99 ; joint scheduling plan ddl 8/27/99 (cc: all counsel) (CEL) (Entered: 08/09/1999)

RECAP
46 Aug. 6, 1999

RULED DOCUMENT by Honorable Rodney W. Sippel Motion to compel, or in that alternative, for protective order is GRANTED IN PART AND DENIED IN PART on the record. terminating motion to compel [29-1], terminating motion for protective order [29-2] (cc: all counsel) (CEL) (Entered: 08/09/1999)

RECAP
47 Aug. 11, 1999

MOTION by defendant Beverly Ent - MO to extend Time to File Its Response to Pltf EEOC's Motion to Compel Up to and Including 8/17/99 (CMA) (Entered: 08/13/1999)

RECAP
48 Aug. 16, 1999

RULED DOCUMENT by Honorable Rodney W. Sippel granting motion to amend by interlineation its motion to compel production and responses to interrogs [43-1] (cc: all counsel) (CEL) (Entered: 08/16/1999)

RECAP
49 Aug. 16, 1999

RULED DOCUMENT by Honorable Rodney W. Sippel granting motion to extend Time to File Its Response to Pltf EEOC's Motion to Compel Up to and Including 8/17/99 [47-1] (cc: all counsel) (CEL) (Entered: 08/16/1999)

RECAP
50 Aug. 16, 1999

TRANSCRIPT filed from Motion Hearing of 8/6/99; court reporter: Ann Taylor (Note: Transcript Placed in Expandable Folder) (CMA) Modified on 08/17/1999 (Entered: 08/17/1999)

RECAP
51 Aug. 18, 1999

MOTION by defendant Beverly Ent - MO for leave to File Response to Pltf's Motion to Compel in Excess of Page Limitation (18 Pages) w/ Proposed Response (CMA) (Entered: 08/19/1999)

RECAP
52 Aug. 20, 1999

RULED DOCUMENT by Honorable Rodney W. Sippel granting motion for leave to File Response to Pltf's Motion to Compel in Excess of Page Limitation (18 Pages) [51-1] (Leave to File Granted. Deft's Request to File Response in Excess of Page Limitation Granted But Limited to 18 Pages - RWS) (cc: all counsel) (CMA) (Entered: 08/23/1999)

RECAP
53 Aug. 20, 1999

RESPONSE by defendant Beverly Ent - MO to motion to compel production of documents and responses to interrogs [42-1] w/ Exhibits A-H (Exhibits Placed in Expandable Folder) (CMA) (Entered: 08/23/1999)

RECAP
54 Aug. 23, 1999

REPLY by plaintiff EEOC to response to motion to compel production of documents and responses to interrogs [42-1] w/ Exhibits A-C (CMA) (Entered: 08/24/1999)

RECAP
55 Aug. 23, 1999

Joint PROPOSED Amended Case Management Order submitted by plaintiff EEOC, defendant Beverly Ent - MO, intervenor plaintiff Zina Lindsey, intervenor plaintiff Valerie Cox, intervenor plaintiff Wallace Brady, intervenor plaintiff Carolyn Erby, intervenor plaintiff Deborah Layton, intervenor plaintiff Al Golet, intervenor plaintiff Kelly D Hatcher, intervenor plaintiff Susan Layne Oris, intervenor plaintiff Francis M Taylor, intervenor plaintiff Sylvester Chisom (CMA) (Entered: 08/24/1999)

RECAP
56 Sept. 13, 1999

Amended CASE MANAGEMENT ORDER by Honorable Rodney W. that the CMO previously entered in this case and the order referring this case to alternative dispute resolution are vacated to the extent inconsistent w/ this order and the following amended schedule shall apply in this case: Sippel ; complex(3) track, Rule 16 Deadlines Satisfied, ; motion to add party ddl 9/30/99 ; Disc completion ddl 8/7/00 ; Notice of Motion ddl set 9/20/00 and the completed motion package in this case shall be filed no later than 10/30/00; Motion Package ddl satisfied ; non-disp motion ddl 8/18/00 ; jury trial 2/5/01 at 9:00 ; pt comp ddl 1/16/01 ; ADR future refer 3/1/00 and that reference shall terminate on 4/30/00 (cc: all counsel) (CMA) (Entered: 09/14/1999)

RECAP
57 Sept. 13, 1999

HEREBY ORDERED by Honorable Rodney W. Sippel that Kurt Lord shall show cause in writing, w/i 10 days of this order, why the Court should not enter sanctions against him for failing to appear at the status conference as ordered response to order show cause 9/27/99 (cc: all counsel) (CMA) (Entered: 09/14/1999)

RECAP
58 Sept. 15, 1999

MEMORANDUM AND ORDER: by Honorable Rodney W. Sippel granting partial motion to dismiss [11-1], denying as moot partial motion for summary judgment [11-2] (cc: all counsel) (CMA) (Entered: 09/16/1999)

RECAP
59 Sept. 22, 1999

PROTECTIVE ORDER by Honorable Rodney W. Sippel: (Documents Marked Confidential Shall Be Filed Under Seal) (See Order for Details) (cc: all counsel) (CMA) (Entered: 09/23/1999)

RECAP
60 Sept. 22, 1999

RESPONSE to order show cause by intervenor plaintiff Al Golet, intervenor plaintiff Kelly D Hatcher, intervenor plaintiff Susan Layne Oris, intervenor plaintiff Francis M Taylor, intervenor plaintiff Sylvester Chisom regarding Failure to Appear for the Status Conference on 9/3/99 [57-1], [57-2] w/ Exhibit 1 (CMA) (Entered: 09/23/1999)

RECAP
61 Sept. 29, 1999

MOTION by intervenor plaintiff Al Golet, intervenor plaintiff Kelly D Hatcher, intervenor plaintiff Susan Layne Oris, intervenor plaintiff Francis M Taylor, intervenor plaintiff Sylvester Chisom to amend complaint by interlineation to correct typos (CEL) (Entered: 10/04/1999)

RECAP
62 Oct. 4, 1999

RULED DOCUMENT by Honorable Rodney W. Sippel granting motion to amend complaint by interlineation [61-1] (cc: all counsel) (CLA) (Entered: 10/05/1999)

RECAP
63 Oct. 12, 1999

ANSWER by defendant Beverly Ent - MO to Plaintiff-Intervenors Complaint [26-1] and to Amendment By Interlineation (Amended Complaint) Which Was Granted By Ruled Document Dated 10/4/99; jury demand (CMA) (Entered: 10/13/1999)

RECAP
64 Oct. 18, 1999

MOTION by defendant Beverly Ent - MO to dismiss (Partial) Directed to the Complaint of Pltf-Intervenors Golet, Hatcher, Oris, Chisom and Taylor, or in the Alternative, for summary judgment Directed to the Complaint of Pltf-Intervenors Golet, Hatcher, Oris, Chisom, and Taylor and Memorandum in Support w/ Exhibits A and B (CMA) (Entered: 10/19/1999)

RECAP
65 Oct. 18, 1999

RULED DOCUMENT by Honorable Rodney W. Sippel re Deft Beverly Enterprises' Partial Motion to Dismiss [64-1], re Deft Beverly Enterprises' Motion for Summary Judgment [64-2] (Received on 9/28/99) (Leave to Filed Granted - RWS) (cc: all counsel) (CMA) (Entered: 10/19/1999)

RECAP
66 Oct. 18, 1999

RESPONSE by intervenor plaintiff Al Golet, intervenor plaintiff Kelly D Hatcher, intervenor plaintiff Susan Layne Oris, intervenor plaintiff Sylvester Chisom, intervenor plaintiff Francis M Taylor to motion to dismiss (Partial) Directed to the Complaint of Pltf-Intervenors Golet, Hatcher, Oris, Chisom and Taylor [64-1], to motion for summary judgment Directed to the Complaint of Pltf-Intervenors Golet, Hatcher, Oris, Chisom, and Taylor [64-2] w/ Exhibits 1-6 (CMA) (Entered: 10/19/1999)

RECAP
67 Oct. 18, 1999

REPLY by defendant Beverly Ent - MO to response to motion to dismiss (Partial) Directed to the Complaint of Pltf-Intervenors Golet, Hatcher, Oris, Chisom and Taylor [64-1], motion for summary judgment Directed to the Complaint of Pltf-Intervenors Golet, Hatcher, Oris, Chisom, and Taylor [64-2] w/ Exhibit C (CMA) (Entered: 10/19/1999)

RECAP
68 Oct. 18, 1999

MOTION by defendant Beverly Ent - MO to dismiss (Partial) Directed to the Complaint Filed by Pltf-Intervenors Lindsey, Cox, Brady, Erby and Layton, or in the Alternative, for summary judgment Directed to the Complaint Filed by Pltf-Intervenors Lindsey, Cox, Brady, Erby and Layton and Memorandum in Support w/ Exhibits A-D (CMA) (Entered: 10/19/1999)

RECAP
69 Oct. 18, 1999

RULED DOCUMENT by Honorable Rodney W. Sippel re Deft Beverly Enterprises' Partial Motion to Dismiss [68-1], re Deft Beverly Enterprises' Motion for Summary Judgment [68-2] (Received on 9/28/99) (Leave to File Granted - RWS) (cc: all counsel) (CMA) (Entered: 10/19/1999)

RECAP
70 Oct. 18, 1999

RESPONSE by intervenor plaintiff Deborah Layton, intervenor plaintiff Zina Lindsey, intervenor plaintiff Valerie Cox, intervenor plaintiff Carolyn Erby, intervenor plaintiff Wallace Brady to motion to dismiss (Partial) Directed to the Complaint Filed by Pltf-Intervenors Lindsey, Cox, Brady, Erby and Layton [68-1], to motion for summary judgment Directed to the Complaint Filed by Pltf-Intervenors Lindsey, Cox, Brady, Erby and Layton [68-2] (CMA) (Entered: 10/19/1999)

RECAP
71 Oct. 18, 1999

REPLY by defendant Beverly Ent - MO to response to motion to dismiss (Partial) Directed to the Complaint Filed by Pltf-Intervenors Lindsey, Cox, Brady, Erby and Layton [68-1], motion for summary judgment Directed to the Complaint Filed by Pltf-Intervenors Lindsey, Cox, Brady, Erby and Layton [68-2] w/ Exhibits E-H (CMA) (Entered: 10/19/1999)

RECAP
72 Oct. 18, 1999

MOTION by defendant Beverly Ent - MO to compel, and for protective order and Memorandum in Support w/ Exhibits A and B (CMA) (Entered: 10/20/1999)

RECAP
73 Oct. 22, 1999

ORDER by Honorable Rodney W. Sippel denying motion to compel [72-1], denying motion for protective order [72-2] (cc: all counsel) (CLA) (Entered: 10/22/1999)

RECAP
74 Oct. 25, 1999

MAIL Returned [69-1] addressed to Gwendolyn Young Reams, attorney for plaintiff EEOC (CMA) (Entered: 10/26/1999)

RECAP
75 Nov. 17, 1999

HEREBY ORDERED by Honorable Rodney W. Sippel that a hearing on Pltf EEOC's motion to compel will be held on Wednesday, 12/1/99 at 11:00 a.m. in Courtroom 3C In-court hearing 12/1/99 at 11:00 (cc: all counsel) (CMA) (Entered: 11/17/1999)

RECAP
76 Nov. 19, 1999

Second MOTION by defendant Beverly Ent - MO to compel Written Responses to Deft's First Set of Interrogatories and Document Requests, and for protective order w/ Exhibits A and B (CMA) (Entered: 11/22/1999)

RECAP
77 Dec. 1, 1999

MINUTES: Parties present for hearing regarding Pltf's Motion to Compel and Deft's Second Motion to Compel before Honorable Rodney W. Sippel; Documents Ruled on Face In-court hearing 12/1/99 at 11:00 court reporter: Ann Taylor; proceedings started: 11:20 - ended: 11:50 (CMA) Modified on 03/08/2001 (Entered: 12/01/1999)

RECAP
78 Dec. 1, 1999

RULED DOCUMENT by Honorable Rodney W. Sippel denying in part as moot and granting in part as stated on the record motion to compel production of documents and responses to interrogs [42-1] (Denied in Part as Moot; Granted in Part as Stated on the Record - RWS) (cc: all counsel) (CMA) (Entered: 12/01/1999)

RECAP
79 Dec. 1, 1999

RULED DOCUMENT by Honorable Rodney W. Sippel granting as stated on the record motion to compel Written Responses to Deft's First Set of Interrogatories and Document Requests [76-1] (So Ordered as Stated on the Record 12/1/99 - RWS) (cc: all counsel) (CMA) (Entered: 12/01/1999)

RECAP
80 Dec. 9, 1999

STATUS REPORT by plaintiff EEOC on the Procedure of Medical Records for the Aggrieved Parties (CMA) (Entered: 12/10/1999)

RECAP
81 Dec. 9, 1999

MOTION by defendant Beverly Ent - MO to amend the Court's 8/6/99 Ruling Concerning Discovery of Pltfs' Medical Records w/ Exhibits A and B (CMA) (Entered: 12/10/1999)

RECAP
82 Dec. 21, 1999

RESPONSE by plaintiff EEOC to motion to amend the Court's 8/6/99 Ruling Concerning Discovery of Pltfs' Medical Records [81-1] w/ Exhibit A (CMA) (Entered: 12/22/1999)

RECAP
83 Dec. 21, 1999

MOTION by plaintiff EEOC to amend Complaint w/ Memorandum in Support and Proposed First Amended Complaint as Attachment A (CMA) (Entered: 12/22/1999)

RECAP
84 Dec. 22, 1999

RULED DOCUMENT by Honorable Rodney W. Sippel granting motion to amend Complaint [83-1] (Leave to File First Amended Complaint Granted - RWS) (cc: all counsel) (CMA) (Entered: 12/22/1999)

RECAP
85 Dec. 27, 1999

REPLY by defendant Beverly Ent - MO to response to motion to amend the Court's 8/6/99 Ruling Concerning Discovery of Pltfs' Medical Records [81-1] w/ Exhibits A-G (CMA) (Entered: 12/28/1999)

RECAP
86 Dec. 27, 1999

First AMENDED COMPLAINT by plaintiff EEOC [1-1]; jury demand (CMA) (Entered: 12/30/1999)

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87 Jan. 18, 2000

HEREBY ORDERED by Honorable Rodney W. Sippel that a hearing on Deft's motion to amend will be held on Tuesday, 1/25/00 at 10:00 a.m. in Courtroom 3-C In-court hearing 1/25/00 at 10:00 (cc: all counsel) (CMA) (Entered: 01/19/2000)

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88 Jan. 21, 2000

TRANSCRIPT filed from Hearing on Motion to Compel of 12/1/99; court reporter: Ann Taylor (Placed in Expandable Folder) (CMA) (Entered: 01/24/2000)

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89 Jan. 24, 2000

MOTION by defendant Beverly Ent - MO to strike the Claims of Plaintiff Deborah Layton From the Plaintiff-Intervonors' Complaint w/ Exhibits A-F (CMA) (Entered: 01/24/2000)

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90 Jan. 25, 2000

MINUTES: Parties present for Motion to Amend the Court's 8/6/99 Ruling Concerning Discovery of Pltfs' Medical Records before Honorable Rodney W. Sippel; Order to Show Cause to be issued regarding Pltf Layton; Motion to Amend the Court's Ruling is Ruled on the Record; terminating motion to amend the Court's 8/6/99 Ruling Concerning Discovery of Pltfs' Medical Records [81-1] court reporter: Ann Taylor; proceedings started: 10:00 - ended: 10:30 (CMA) (Entered: 01/25/2000)

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91 Jan. 25, 2000

HEREBY ORDERED by Honorable Rodney W. Sippel that Pltf Deborah Layton shall show cause in writing, within 21 days of this order, why the Court should not dismiss her claims for failure to prosecute and for failure to comply with discovery and orders of the Court response to order show cause 2/15/00 (cc: all counsel) (CMA) (Entered: 01/25/2000)

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92 Jan. 27, 2000

MEMORANDUM AND ORDER: by Honorable Rodney W. Sippel denying motion to dismiss (Partial) Directed to the Complaint of Pltf-Intervenors Golet, Hatcher, Oris, Chisom and Taylor [64-1], denying motion for summary judgment Directed to the Complaint of Pltf-Intervenors Golet, Hatcher, Oris, Chisom, and Taylor [64-2] (cc: all counsel) (CMA) (Entered: 01/28/2000)

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93 Feb. 4, 2000

TRANSCRIPT filed from Motion Hearing of 1/25/00; court reporter: Ann Taylor (Placed in Expandable Folder) (CMA) Modified on 02/07/2000 (Entered: 02/07/2000)

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94 Feb. 23, 2000

HEREBY ORDERED by Honorable Rodney W. Sippel that Pltf Deborah Layton's claims against Deft Beverly-Enterprises, MO, Inc. are dismissed w/ prejudice for failure to prosecute and for failure to comply with discovery and orders of the Court; FURTHER ORDERED that Deft's motion for partial dismissal, or in the alternative, motion for partial summary judgment are denied as moot; FURTHER ORDERED that Deft's motion to strike is denied as moot; terminating intervenor plaintiff Deborah Layton With Prejudice denying as moot motion to dismiss (Partial) Directed to the Complaint Filed by Pltf-Intervenors Lindsey, Cox, Brady, Erby and Layton [68-1], denying as moot motion for summary judgment Directed to the Complaint Filed by Pltf-Intervenors Lindsey, Cox, Brady, Erby and Layton [68-2], denying as moot motion to strike the Claims of Plaintiff Deborah Layton From the Plaintiff-Intervonors' Complaint [89-1] (cc: all counsel) (CMA) (Entered: 02/24/2000)

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95 March 1, 2000

ORDER REFERRING CASE TO ADR: by Honorable Rodney W. Sippel Case set for Mediation Designation of Lead Counsel: Rebecca S. Stith ; ADR completion ddl 5/1/00 Designation of Neutral 3/21/00 ADR Conference Report ddl 3/21/00 (cc: all counsel) (CMA) (Entered: 03/02/2000)

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96 March 24, 2000

MOTION by plaintiff EEOC, defendant Beverly Ent - MO for order to modify adr (CLA) (Entered: 03/28/2000)

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97 April 3, 2000

RULED DOCUMENT by Honorable Rodney W. Sippel granting motion for order to modify adr [96-1] ADR completion ddl 7/3/00 Designation of Neutral 5/1/00 ADR Conference ddl 5/1/00 (cc: all counsel) (CMA) (Entered: 04/03/2000)

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98 April 13, 2000

MOTION by defendant Beverly Ent - MO to amend the Case Management Order in Regard to Experts (CMA) (Entered: 04/17/2000)

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99 April 13, 2000

MOTION by intervenor plaintiff Sylvester Chisom, defendant Beverly Ent - MO for order to Dismiss Plaintiff/Intervenor Sylvestor Chisom's Failure to Promote Claim Only (CMA) Modified on 04/18/2000 (Entered: 04/18/2000)

RECAP

Case Details

State / Territory:

Missouri

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 21, 1998

Closing Date: 2001

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

Private Entity/Person

Beverly Enterprises - Missouri, Inc.

Beverly Enterprises, Inc.

Beverly Health and Rehabilitation Services, Inc.

Case Details

Causes of Action:

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

Other Dockets:

Eastern District of Missouri 4:98-cv-01579

Available Documents:

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

Implement complaint/dispute resolution process

Neutral/Positive Reference

Other requirements regarding hiring, promotion, retention

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Retaliation Prohibition

Amount Defendant Pays: 1199000

Order Duration: 2001 - 2004

Issues

General/Misc.:

Pattern or Practice

Retaliation

Discrimination Area:

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination Basis:

Race discrimination

Affected Race(s):

Black

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit

Recommended Citation