Case: EEOC v. LSRWM CORP dba RWM CASTERS

3:04-cv-00502 | U.S. District Court for the Western District of North Carolina

Filed Date: Sept. 30, 2004

Closed Date: Feb. 5, 2009

Clearinghouse coding complete

Case Summary

The Charlotte District Office of the EEOC brought this action in the U.S. District Court for the Western District of North Carolina, against LSRWM Corporation, d/b/a RWM Casters Company. The complaint, filed in September 2004, alleged sex discrimination in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the Defendant had subjected the charging party to a sexually hostile work environment and then discharged her in retaliation for her opposition …

The Charlotte District Office of the EEOC brought this action in the U.S. District Court for the Western District of North Carolina, against LSRWM Corporation, d/b/a RWM Casters Company. The complaint, filed in September 2004, alleged sex discrimination in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the Defendant had subjected the charging party to a sexually hostile work environment and then discharged her in retaliation for her opposition to sexual harassment and her filing of a Title VII discrimination charge.

The case was referred to mediation in September of 2006 and in January 2007 the parties agreed to a consent decree. The decree, which was valid for 2 years, prohibited the Defendant from discriminating or retaliating in violation of Title VII, and required the Defendant to pay the charging party the sum of $40,000, provide the charging party with a neutral employment reference, eliminate from the charging party's employment records any and all documents relating to EEOC charges, revise its current anti-discrimination policy and distribute the revised policy to its employees, post a notice of non-discrimination at its facility, and provide annual Title VII training to all of its employees. The docket sheet does not show any further enforcement; the case was presumably closed in 2009.

Summary Authors

Shankar Viswanathan (6/21/2007)

Documents in the Clearinghouse

Document

3:04-cv-00502

Docket [PACER]

EEOC v. LSRWM Corporation doing business as RWM Casters Company and RWM Casters Company, A Division of Staunton Capital, Inc.

Feb. 5, 2007

Feb. 5, 2007

Docket
1

3:04-cv-00502

Complaint

EEOC v. LSRWM Corporation d/b/a RWM Casters Compant

Sept. 30, 2004

Sept. 30, 2004

Complaint
21

3:04-cv-00502

Amended Complaint

EEOC v. RWM Casters Company, A Division of Staunton Capital, Inc.

May 15, 2006

May 15, 2006

Complaint
36

3:04-cv-00502

Consent Decree

EEOC v. RWM Casters Company, A Division of Staunton Capital, Inc.

Feb. 5, 2007

Feb. 5, 2007

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5327058/eeoc-v-lsrwm-corporation/

Last updated Aug. 1, 2022, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT, Jury Trial demand. (lhg) (Entered: 09/30/2004)

Sept. 30, 2004

Sept. 30, 2004

12

ORDER re 9 MOTION for Default Judgment and 8 MOTION for Default Judgment. Motion Hearing set for 4/12/2006 09:30 AM in Courtroom #1, 401 W. Trade St., Charlotte, NC 28202 before Carl Horn III. Signed by Judge Carl Horn III on 3/8/06. (MacEwan, Cathy)

March 8, 2006

March 8, 2006

RECAP
17

ORDER granting 15 Motion to Set Aside Entry of Default and Withdraws Motion for Default Judgment. Signed by Judge Carl Horn III on 4/12/06. (MacEwan, Cathy)

April 12, 2006

April 12, 2006

RECAP

SUMMONS(ES) issued for LSRWM Corp (bsw) (Entered: 12/29/2004)

Dec. 29, 2004

Dec. 29, 2004

2

NOTICE from CT Corporation that they are no longer the registered agent for LSRWM Corporation (former emp) (Entered: 02/07/2005)

Feb. 7, 2005

Feb. 7, 2005

29

ORDER Setting Initial Pretrial Conference set for 9/26/2006 02:30 PM in Chambers before Carl Horn III.Signed by Judge Carl Horn III on 9/14/06. (com)

Sept. 14, 2006

Sept. 14, 2006

RECAP
3

RETURN OF SERVICE Executed as to LSRWM Corp 2/14/05 dft served by service on Sec of State for NC as statutory agent Answer due on 3/7/05 for LSRWM Corp (cbb) (Entered: 03/01/2005)

Feb. 25, 2005

Feb. 25, 2005

4

MOTION by EEOC to Extend Time to 2/14/05 to serve dft w/ cmp & summ w/cs referred to: Magistrate Judge David C. Keesler cc: DCK (cbb) (Entered: 03/01/2005)

Feb. 25, 2005

Feb. 25, 2005

5

ORDER granting [4-1] motion to Extend Time to 2/14/05 to serve dft w/ cmp & summ ( signed by Magistrate Judge David C. Keesler ) [EOD DATE: 3/7/05] (clc) (Entered: 03/07/2005)

March 4, 2005

March 4, 2005

6

MOTION w/Affidavit by EEOC for Entry of Default as to LSRWM Corp (cbb) Modified on 04/28/2005 (Entered: 04/28/2005)

April 28, 2005

April 28, 2005

7

VACATED per Order dated 4/12/06. CLERK'S ENTRY OF DEFAULT as to LSRWM Corp granting [6-1] motion for Entry of Default as to LSRWM Corp cc: plf's atty (cbb) Modified on 4/12/2006 to add Vacated.(MacEwan, Cathy). (Entered: 04/28/2005)

April 28, 2005

April 28, 2005

8

MOTION for Default Judgment as to LSRWM Corp, MOTION for Hearing on Damages by Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order)(Bouchard, Carolyn) (Entered: 06/03/2005)

May 27, 2005

May 27, 2005

9

MOTION for Default Judgment as to LSRWM Corp by Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order)(Cochran, Candace) (Entered: 06/03/2005)

May 27, 2005

May 27, 2005

10

Case reassigned to Judge Robert J. Conrad, Jr. Judge David Keesler no longer assigned to the case. (Wallace, Betsy) (Entered: 06/16/2005)

June 16, 2005

June 16, 2005

CASE REFERRED to Magistrate Judge Carl Horn, III. (Hanna, John) (Entered: 06/20/2005)

June 20, 2005

June 20, 2005

11

ORDER REFERRING MOTION: 9 MOTION for Default Judgment and 8 MOTION for Default Judgment/MOTION for Hearing Opportunity. Motions referred to Judge Carl Horn. Signed by Judge Robert J. Conrad Jr. on 3/6/06. (MacEwan, Cathy) (Entered: 03/07/2006)

March 6, 2006

March 6, 2006

13

RESPONSE to Order of March 8, 2006 Requesting Brief and Affidavit Supporting Damages Claim of Complainant by Equal Employment Opportunity Commission. (Attachments: # 1 Affidavit of Glenda Green# 2 Exhibit A part 1 to Glenda Green Affidavit# 3 Exhibit A part 2 to Glenda Green Affidavit# 4 Exhibit B to Glenda Green Affidavit# 5 Exhibit Attachment 2: EEOC Charge and Notice# 6 Exhibit Attachment 3: Robert Green Affidavit# 7 Exhibit Attachment 4: Back Pay Calculation)(Cohen, Kerith) (Entered: 04/04/2006)

April 4, 2006

April 4, 2006

14

NOTICE of Appearance by Mary Margaret Ryerse on behalf of Equal Employment Opportunity Commission (Ryerse, Mary) (Entered: 04/10/2006)

April 10, 2006

April 10, 2006

15

MOTION to Set Aside Default Entry by Equal Employment Opportunity Commission. Responses due by 4/28/2006 (Attachments: # 1 Proposed Order Granting Motion to Set Aside Entry of Default)(Cohen, Kerith) (Entered: 04/11/2006)

April 11, 2006

April 11, 2006

16

Notice of Withdrawal of document by Equal Employment Opportunity Commission ***Documents terminated: 9 MOTION for Default Judgment as to filed by Equal Employment Opportunity Commission,. (Cohen, Kerith) (Entered: 04/11/2006)

April 11, 2006

April 11, 2006

18

First MOTION to Amend/Correct 1 Complaint by Equal Employment Opportunity Commission. Responses due by 5/12/2006 (Attachments: # 1 Exhibit First Amended Complaint# 2 Proposed Order Granting First Motion to Amend Complaint)(Cohen, Kerith) (Entered: 04/25/2006)

April 25, 2006

April 25, 2006

19

NOTICE of Corrected Image/Document re: 18 Motion to Amend/Correct (Attachments: # 1 Exhibit First Amended Complaint# 2 Proposed Order Granting Motion to Amend)(Cohen, Kerith) (Entered: 04/25/2006)

April 25, 2006

April 25, 2006

20

ORDER granting 18 Motion to Amend/Correct. Amended complaint to be file on or before May 15, 2006. Signed by Judge Carl Horn III on 4/26/06. (MacEwan, Cathy) (Entered: 04/26/2006)

April 25, 2006

April 25, 2006

21

AMENDED COMPLAINT Service by Request for Waiver pursuant to Rule 4(d) against RWM Casters Company, A Division of Staunton Capital, Inc., filed by Equal Employment Opportunity Commission.(Cohen, Kerith) (Entered: 05/15/2006)

May 15, 2006

May 15, 2006

23

NOTICE of Corrected Image/Document re: 21 Amended Complaint, 22 Notice of Corrected Image/Document (Cohen, Kerith) (Entered: 05/15/2006)

May 15, 2006

May 15, 2006

24

MOTION to Substitute Attorney of Record by Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order Substituting Attorney of Record)(Haden, Kara) (Entered: 06/06/2006)

June 6, 2006

June 6, 2006

25

ORDER granting 24 Motion to Substitute Attorney. Attorney Kerith Cohen terminated . Signed by Judge Carl Horn III on 6/6/06. (MacEwan, Cathy) (Entered: 06/06/2006)

June 6, 2006

June 6, 2006

26

NOTICE by Equal Employment Opportunity Commission of Electronic Filing (Attachments: # 1 Waiver of Service of Summons)(Haden, Kara) (Entered: 06/15/2006)

June 15, 2006

June 15, 2006

Case reassigned to Judge Frank D. Whitney. Judge Robert J. Conrad, Jr no longer assigned to the case. This is your only notice - you will not receive a separate document. (Wallace, Betsy) (Entered: 07/07/2006)

July 7, 2006

July 7, 2006

27

ANSWER to Amended Complaint by RWM Casters Company, A Division of Staunton Capital, Inc..(Johnston, J.) (Entered: 07/13/2006)

July 13, 2006

July 13, 2006

28

CERTIFICATION of initial attorney conference and discovery plan by RWM Casters Company, A Division of Staunton Capital, Inc., Equal Employment Opportunity Commission.(Haden, Kara) (Entered: 09/13/2006)

Sept. 13, 2006

Sept. 13, 2006

30

PRETRIAL ORDER AND CASE MANAGEMENT PLAN: Discovery due by 4/20/2007, Motions due by 5/21/2007.Signed by Judge Carl Horn III on 9/14/06. (com) (Entered: 09/15/2006)

Sept. 14, 2006

Sept. 14, 2006

Minute Entry for proceedings held before Judge Carl Horn III: In Chambers Conference held on 9/26/2006. Plaintiffs attorney: Kara Haden.Defendants attorney: Jeff Southerland. (Robinson, Chelli) (Entered: 09/26/2006)

Sept. 26, 2006

Sept. 26, 2006

31

ORDER REFERRING CASE to Mediation, Kenneth P. Carlson, Jr appointed.Mediation deadline set for 1/31/2007. Signed by Judge Carl Horn III on 9/27/06. (com) (Entered: 09/28/2006)

Sept. 27, 2006

Sept. 27, 2006

32

Joint MOTION for Protective Order by RWM Casters Company, A Division of Staunton Capital, Inc., Equal Employment Opportunity Commission.Responses due by 11/30/2006 (Attachments: # 1 Proposed Order Consent Protective Order)(Haden, Kara). Motions referred to Carl Horn, III. (Entered: 11/09/2006)

Nov. 9, 2006

Nov. 9, 2006

33

ORDER granting 32 Motion for Protective Order. Signed by Judge Carl Horn III on 11/9/06. (chh) (Entered: 11/09/2006)

Nov. 9, 2006

Nov. 9, 2006

34

REPORT of Mediation by Kenneth P. Carlson, Jr(Carlson, Kenneth) (Entered: 01/10/2007)

Jan. 10, 2007

Jan. 10, 2007

36

CONSENT DECREE. Signed by Judge Frank D. Whitney on 2/5/07. (com)

Feb. 5, 2007

Feb. 5, 2007

RECAP

Case Details

State / Territory: North Carolina

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 30, 2004

Closing Date: Feb. 5, 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

LSRWM Corporation (Gastonia), 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:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 40000

Order Duration: 2007 - 2009

Content of Injunction:

Expungement of Employment Record

Retaliation Prohibition

Discrimination Prohibition

Neutral/Positive Reference

Post/Distribute Notice of Rights / EE Law

Develop anti-discrimination policy

Provide antidiscrimination training

Reporting

Monitoring

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits