Case: EEOC v. GREEN LANCE INC (d/b/a BURGER KING)

5:99-cv-00129 | U.S. District Court for the Northern District of West Virginia

Filed Date: Sept. 30, 1999

Closed Date: Oct. 15, 2001

Clearinghouse coding complete

Case Summary

In September 1999, the EEOC brought this suit against Green Lance, Inc., doing business as Burger King, in the U.S. District Court for the Northern District of West Virginia. The complaint is not currently available. After two week-long mediation sessions, the parties came to an agreement and the case was dismissed in October 2001.

Summary Authors

Jason Chester (6/26/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/13868705/parties/eeoc-v-green-lance-inc/


Judge(s)

Stamp, Frederick Pfarr (West Virginia)

Attorney for Plaintiff

Clickner, M Jean (West Virginia)

Flatley, Patrick M. (West Virginia)

Flowers, Wanda E. (West Virginia)

Attorney for Defendant

Johnson, David R. (West Virginia)

Documents in the Clearinghouse

Documents in this case

5:99-cv-00129

Docket (PACER)

EEOC v. Green Lance Inc

Oct. 15, 2001

Oct. 15, 2001

Docket

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/13868705/eeoc-v-green-lance-inc/

Last updated Nov. 3, 2026, 6:07 p.m.

Docket for: E.E.O.C. v. Green Lance, Inc.
ECF Number Date Description Link
1 Sept. 30, 1999

COMPLAINT/NATURE OF ACTION filed; FILING FEE $ wv. (Copy to Judge) (cc) (Entered: 09/30/1999)

RECAP
Sept. 30, 1999

Sent application for Pro Hac Vice to counsel Wanda Flowers and J. Jean Clickner. (cc) (Entered: 09/30/1999)

PACER
Sept. 30, 1999

Sent application for Pro Hac Vice to counsel Wanda Flowers and J. Jean Clickner. (cc)

Oct. 13, 1999

Received Application for Pro Hac Vice from counsel M. Jean Clickner. (original to Judge) (cc) (Entered: 10/20/1999)

PACER
Oct. 13, 1999

Received Application for Pro Hac Vice from counsel M. Jean Clickner. (original to Judge) (cc)

2 Oct. 28, 1999

APPLICATION/ORDER for M. Jean Clickner to Appear Pro Hac Vice with local counsel Patrick Flatley for plaintiff. ( signed by Judge Frederick P. Stamp Jr. ) (c to counsel, Judge) (cc) (Entered: 10/28/1999)

RECAP
Oct. 28, 1999

20 day SUMMONS(ES) issued for defendant Green Lance, Inc. (cc) (Entered: 10/28/1999)

PACER
Oct. 28, 1999

20 day SUMMONS(ES) issued for defendant Green Lance, Inc. (cc)

3 Nov. 18, 1999

AFFIDAVIT by E.E.O.C. of Thomas L. Edgell stating that he served dft that complaint. (sending summons) (cc) (Entered: 11/29/1999)

RECAP
Nov. 24, 1999

SUMMONS(ES) issued for defendant Green Lance, Inc. (cc) (Entered: 11/29/1999)

PACER
Nov. 24, 1999

SUMMONS(ES) issued for defendant Green Lance, Inc. (cc)

4 Nov. 29, 1999

NOTICE of attorney appearance for Green Lance, Inc. by David R. Johnson. (c to Judge) (cc) (Entered: 11/29/1999)

RECAP
5 Nov. 29, 1999

APPLICATION/ORDER for David R. Johnson to Appear Pro Hac Vice w/William J. Ihlenfeld as local counsel for defendant.( signed by Judge Frederick P. Stamp Jr. ) (c to counsel, Judge) Paid fee of $100.00; receipt # 31636 (cc) Modified on 11/29/1999 (Entered: 11/29/1999)

RECAP
6 Dec. 2, 1999

PRAECIPE FOR APPEARANCE for Green Lance, Inc. by David R. Johnson. (c to Judge) (cc) (Entered: 12/06/1999)

RECAP
7 Dec. 2, 1999

STIPULATION FOR EXTENSION OF TIME by parties for defendants to answer until 12/22/99. (Copy to Judge) (cc) (Entered: 12/06/1999)

RECAP
8 Dec. 9, 1999

SUMMONS Returned Executed as to Green Lance, Inc. 11/13/99. Answer due on 12/3/99 for Green Lance, Inc. (cc) (Entered: 12/13/1999)

RECAP
9 Dec. 9, 1999

ANSWER to Complaint by Green Lance, Inc. w/ jury demand (Copy to Judge) (cc) (Entered: 12/13/1999)

RECAP
10 Dec. 13, 1999

FIRST ORDER AND NOTICE REGARDING DISCOVERY AND SCHEDULING: Initial Planning Meeting by 2/3/00 ; Meeting Report and Proposed Disc Plan by 2/10/00 ; Submit Proposed Scheduling Order by 2/24/00 ; Initial Discovery Disclosures by 3/2/00 . (signed by Judge Frederick P. Stamp Jr. ) (Copies all counsel) (cc) (Entered: 12/13/1999)

RECAP
11 Feb. 7, 2000

SCHEDULING ORDER: Setting Joining of parties,amending of pleadings on 7/21/00 ; Deadline for filing of all motions 9/15/00 ; Discovery cutoff 9/1/00 ; Pretrial conference for 11:00 on 12/18/00 ; Proposed Pretrial order to be submitted by 12/13/00 ; Final Settlement Conference at 11:00 on 12/18/00 ; Jury Trial, 3rd case at Wheeling, at 8:30 on 1/3/01 ; (signed by Judge Frederick Stamp Jr.) (copies to counsel, Judge) (soa) (Entered: 02/08/2000)

RECAP
12 Feb. 11, 2000

CERTIFICATE OF SERVICE of Interrogatories (First Set) by E.E.O.C. on 2/10/00. (cc) (Entered: 02/18/2000)

RECAP
13 Feb. 11, 2000

CERTIFICATE OF SERVICE of Request for Admissions (First Set) Directed to dft by E.E.O.C. on 2/10/00. (cc) (Entered: 02/18/2000)

RECAP
14 March 16, 2000

STIPULATION: For Extension of Time until 3/27/00 for def. to respond to discovery requests, etc. (Copy to Judge) (soa) (Entered: 03/21/2000)

RECAP
15 April 6, 2000

CERTIFICATE OF SERVICE of Pltff's Objections and Responses to Def's 1st Request for Production of Documents and all Exhibits thereto, served by E.E.O.C. on 4/5/00. (soa) (Entered: 04/12/2000)

RECAP
16 April 11, 2000

CERTIFICATE OF SERVICE of Pltff's Supplemental Response to Def's Interrogatories and Reqeust for Production of Documents, served by E.E.O.C. on 4/10/00. (soa) (Entered: 04/12/2000)

RECAP
17 April 19, 2000

CERTIFICATE OF SERVICE of Second Supplemental Response To Defendant's Interrogatories and Request for Production of Documents by E.E.O.C. on 4/18/00. (cc) (Entered: 04/25/2000)

RECAP
18 April 24, 2000

CERTIFICATE OF SERVICE of Request for Admissions (Second Set) Directed to defendant by E.E.O.C. on 4/21/00. (cc) (Entered: 04/25/2000)

RECAP
19 May 16, 2000

CERTIFICATE OF SERVICE of Notice of Deposition Duces Tecum to Burger King Corp. by E.E.O.C. on 5/15/00. (cc) (Entered: 05/18/2000)

RECAP
20 May 19, 2000

CERTIFICATE OF SERVICE of Second Notice of Depositions by E.E.O.C. on 5/18/00 of Kerry Mortis and Liz Huggins. (cc) (Entered: 05/25/2000)

RECAP
21 July 11, 2000

CERTIFICATE OF SERVICE of Third Request for Production of Documents, served by E.E.O.C. on 7/10/00. (soa) (Entered: 07/12/2000)

RECAP
22 July 12, 2000

CERTIFICATE OF SERVICE of Second Request for Production of Documents, served by E.E.O.C. on 7/7/00. (soa) (Entered: 07/12/2000)

RECAP
23 July 20, 2000

CERTIFICATE OF SERVICE of Objections and Responses to to Defendant's Second Request for Production by E.E.O.C. on 7/18/00. (cc) (Entered: 07/24/2000)

RECAP
24 Aug. 15, 2000

CERTIFICATE OF SERVICE of documents designated as EEOC 0708 through EEOC 0745 by E.E.O.C. on 8/10/00. (cc) (Entered: 08/17/2000)

RECAP
25 Aug. 17, 2000

FIRST JOINT STIPULATION OF FACTS by parties. (Copy to Judge) (cc) (Entered: 08/17/2000)

RECAP
26 Aug. 24, 2000

MOTION by plaintiff E.E.O.C. to Compel Defendant's Response to Commission's Second and Third Requests for Production of Documents. (copy to Judge) (cc) (Entered: 08/24/2000)

RECAP
27 Aug. 25, 2000

RESPONSE by Green Lance, Inc. to [26-1] Commission's Motion to Compel Defendant's Response to Commission's Second and Third Requets for Production of Documents. (c to Judge) (cc) (Entered: 08/28/2000)

RECAP
28 Aug. 28, 2000

ORDER OF REFERENCE: Referring Motion(s) to Magistrate Judge James E. Seibert: re [26-1] motion to Compel and any other non-dispositive pre-trial motions filed in this case. (Signed by Judge Frederick P. Stamp Jr. ) (Copies to Judge, Magistrate Judge w/case file, Counsel) (cc) (Entered: 08/28/2000)

RECAP
29 Sept. 5, 2000

ORDER: Motion Hearing set for 1:30 9/15/00 for [26-1] motion to Compel . ( signed by Magistrate Judge James E. Seibert ) (c to counsel, Judge, MJ JES) (cc) (Entered: 09/05/2000)

RECAP
Sept. 15, 2000

Motion hearing held before Magistrate Seibert re: [26-1] motion to Compel. [Tape # 29 449-4820] (cc) (Entered: 09/15/2000)

PACER
Sept. 15, 2000

Motion hearing held before Magistrate Seibert re: [26-1] motion to Compel. [Tape # 29 449-4820] (cc)

30 Sept. 29, 2000

TRANSCRIPT filed of hearing before MJ Seibert on 9/15/00. [Jack Bell CR] (c to MJ) (cc) (Entered: 09/29/2000)

RECAP
31 Sept. 29, 2000

MOTION (styled "Petition") by plaintiff E.E.O.C. for Payment of Costs . (copy to Judge, MJ JES) (cc) (Entered: 10/02/2000)

RECAP
Sept. 29, 2000

Motion(s) referred: [31-1] motion for Payment of Costs referred to Magistrate Judge James E. Seibert. (cc) (Entered: 10/02/2000)

PACER
Sept. 29, 2000

Motion(s) referred: [31-1] motion for Payment of Costs referred to Magistrate Judge James E. Seibert. (cc)

32 Oct. 3, 2000

ORDER CONFIRMING PRONOUNCED ORDER OF THE COURT: Objections to plaintiff's second and third requests for production are DENIED as untimely; granting [26-1] motion to Compel; Defendant is to produce all earnings statements and tax records and documentation reflecting fair market value and resale value of all property owned by defendant; such items shall be filed under SEAL ; Defendant is to produce all records with employee schedules and names from June 1998 through October 1998. Defendant is afforded an opportunity to be heard: Setting Hearing for 1:30 on 10/25/00 in the MJ's Courtroom. Plaintiff shall file an Affidavit with costs for bringing the motion to compel. ( signed by Judge James E. Seibert ) (c to counsel, Judge, MJ JES) [WSF-00-382] (cc) Modified on 10/03/2000 (kac). (Entered: 10/03/2000)

RECAP
33 Oct. 11, 2000

SEALED DOCUMENTS (discovery material filed per [32-1] order dated 10/3/00) placed in vault. (cc) (kac). (Entered: 10/12/2000)

RECAP
34 Oct. 16, 2000

SETTLEMENT WEEK ORDER: This civil action is scheduled for Settlement Week Mediation at 1:00 11/9/00 in Wheeling. ( signed by Judge Frederick P. Stamp Jr. )(Copies all counsel, Judge, Mediator, Clerk) (cc) (Entered: 10/16/2000)

RECAP
35 Oct. 30, 2000

MOTION by plaintiff E.E.O.C. To Allow Counsel to Appear and Negotiate for Federal Plaintiff . (copy to Judge) (cc) (Entered: 10/30/2000)

RECAP
Oct. 31, 2000

MEDIATION STATEMENT by EEOC. (c to Judge, Mediator) (cc) (Entered: 10/31/2000)

PACER
Oct. 31, 2000

Mediation Statement by defendant Green Lance Inc. (c to Judge, Mediator) (cc) (Entered: 10/31/2000)

PACER
Oct. 31, 2000

MEDIATION STATEMENT by EEOC. (c to Judge, Mediator) (cc)

Oct. 31, 2000

Mediation Statement by defendant Green Lance Inc. (c to Judge, Mediator) (cc)

36 Nov. 2, 2000

ORDER granting [35-1] motion To Allow Counsel to Appear and Negotiate for Federal Plaintiff. ( signed by Judge Frederick P. Stamp Jr. ) (c to counsel, Judge, mediator) (cc) (Entered: 11/03/2000)

RECAP
37 Nov. 3, 2000

ORDER Vacating Opportunity to be heard hearing. ( signed by Magistrate Judge James E. Seibert ) (c to counsel, Judge, MJ JES) (cc) (Entered: 11/03/2000)

RECAP
38 Nov. 6, 2000

MOTION by plaintiff E.E.O.C. to excuse Local Counsel . (copy to Judge w/Order) (rjs) (Entered: 11/07/2000)

RECAP
39 Nov. 7, 2000

ORDER: granting [38-1] motion to excuse Local Counsel from Settlement Week mediation scheduled for 11/9/00 at 1:00 p.m. (signed by Judge Frederick P. Stamp Jr.) (copy to Judge, counsel of record and Mediator) (rjs) (Entered: 11/07/2000)

RECAP
40 Nov. 9, 2000

MOTION by defendant Green Lance, Inc. to Amend Scheduling Order to Continue Trial and Pretrial Dates . (copy to Judge) (soa) (Entered: 11/09/2000)

RECAP
41 Nov. 9, 2000

SETTLEMENT WEEK CONFERENCE REPORT - case was not settled. (Copy to Judge & Clerk) (rjs) (Entered: 11/13/2000)

RECAP
42 Nov. 15, 2000

RESPONSE by E.E.O.C. to [40-1] motion to Amend Scheduling Order to Continue Trial and Pretrial Dates. (c to Judge) (cc) (Entered: 11/15/2000)

RECAP
43 Nov. 17, 2000

ORDER Setting Status Conference for 10:00 11/21/00, Setting Scheduling Conference for 10:00 11/21/00 ( signed by Judge Frederick P. Stamp Jr. ) (c to counsel by fax and regular U.S. Mail, c to Judge) (cc) (Entered: 11/17/2000)

RECAP
44 Nov. 17, 2000

NOTICE of attorney appearance for Green Lance, Inc. by William J. Ihlenfeld. (c to Judge) (cc) (Entered: 11/17/2000)

RECAP
45 Nov. 21, 2000

ORDER granting [40-1] motion to Amend Scheduling Order to Continue Trial and Pretrial Dates: Amended Scheduling Order Deadlines: Deadline for filing of all motions by Discovery deadline on 7/2/01; Pretrial conference on 1:15 9/14/01; Proposed Pretrial order to be submitted by 9/19/01; Final Settlement Conference at 1:15 9/24/01; Jury Trial on 10/10/01, 8:30 a.m. in Wheeling; third case. ( signed by Judge Frederick P. Stamp Jr. ) (c to counsel, Judge) (cc) (Entered: 11/21/2000)

RECAP
Nov. 21, 2000

Status conference held before Judge Stamp. (soa) (Entered: 11/22/2000)

PACER
Nov. 21, 2000

Scheduling conference held before Judge Stamp. (soa) (Entered: 11/22/2000)

PACER
Nov. 21, 2000

Status conference held before Judge Stamp. (soa)

Nov. 21, 2000

Scheduling conference held before Judge Stamp. (soa)

46 June 20, 2001

SETTLEMENT WEEK ORDER: This civil action is scheduled for Settlement Week Mediation at 9:00 7/17/01 in Wheeling ( signed by Judge Frederick P. Stamp Jr. )(Copies all counsel, Judge, Clerk, Mediator) (cc) (Entered: 06/20/2001)

RECAP
47 July 2, 2001

MOTION by plaintiff E.E.O.C. to Excuse Local Counsel from appearing at mediation. (copy to Judge) (cc) (Entered: 07/03/2001)

RECAP
48 July 2, 2001

CERTIFICATE OF SERVICE of Objections and Response to Defendant's Second Set of Interrogatories and All Exhibits by E.E.O.C. on 6/28/01. (cc) (Entered: 07/03/2001)

RECAP
49 July 2, 2001

CERTIFICATE OF SERVICE of Objections and Responses to Defendant's Third Request for Production by E.E.O.C. on 6/28/01. (cc) (Entered: 07/03/2001)

RECAP
50 July 3, 2001

ORDER granting [47-1] motion to Excuse Local Counsel from attending mediation. ( signed by Judge Frederick P. Stamp Jr. ) (c to counsel, Judge, mediator, clerk) (cc) (Entered: 07/03/2001)

RECAP
51 July 6, 2001

MOTION with memorandum in support by E.E.O.C. To Allow Counsel to Appear and Negotiate for Federal Plaintiff. (c to Judge w/proposed order) (cc) (Entered: 07/06/2001)

RECAP
July 9, 2001

Commission's SECOND MEDIATION STATEMENT. (Copy to Judge & Mediator) (rjs) (Entered: 07/09/2001)

PACER
July 9, 2001

Commission's SECOND MEDIATION STATEMENT. (Copy to Judge & Mediator) (rjs)

July 10, 2001

SUPPLEMENTAL MEDIATION STATEMENT by Defendant received. (copy to Judge & Mediator) (rjs) (Entered: 07/11/2001)

PACER
July 10, 2001

SUPPLEMENTAL MEDIATION STATEMENT by Defendant received. (copy to Judge & Mediator) (rjs)

52 July 16, 2001

ORDER granting [51-1] motion To Allow Counsel to Appear and Negotiate for Federal Plaintiff. ( signed by Judge Frederick P. Stamp Jr. ) (c to counsel by fax and regular U.S. Mail, c to Judge, mediator) (cc) Modified on 07/16/2001 (Entered: 07/16/2001)

RECAP
53 July 17, 2001

SETTLEMENT WEEK CONFERENCE REPORT by mediator: this case did not settle. (Copy to Judge) (cc) (Entered: 07/17/2001)

RECAP
54 Aug. 31, 2001

ORDER: Rescheduling Pretrial Conference for 12:00 p.m. on 9/27/01. (signed by Judge Frederick P. Stamp Jr.) (copy to Judge & all counsel of record) (rjs) (Entered: 08/31/2001)

RECAP
55 Sept. 6, 2001

ORDER Rescheduling Pretrial Conference for 10:00 9/28/01. ( signed by Judge Frederick P. Stamp Jr. ) (c to counsel, Judge) (cc) (Entered: 09/06/2001)

RECAP
56 Sept. 11, 2001

MOTION by plaintiff E.E.O.C. To Excuse Local Counsel . (copy to Judge) (cc) (Entered: 09/12/2001)

RECAP
57 Sept. 12, 2001

ORDER granting [56-1] motion To Excuse Local Counsel from attending pre-trial conference on 9/28/01. ( signed by Judge Frederick P. Stamp Jr. ) (c to counsel, Judge) (cc) (Entered: 09/12/2001)

RECAP
58 Sept. 26, 2001

ORDER OF DISMISSAL : this case has been compromised and settled and is DISMISSED and retired from the docket of the Court, subject to reopening within 90 days. ( signed by Judge Frederick P. Stamp Jr. ) (c to counsel, Judge) [WSF-01-360] (cc) (kac). (Entered: 09/26/2001)

RECAP
Sept. 26, 2001

Case closed ; W.S.F.: 01-360 (cc)

59 Oct. 15, 2001

STIPULATION AND ORDER OF DISMISSAL, w/Settlement Agreement ( signed by Judge Frederick P. Stamp Jr. ) (c to counsel, Judge) [WSF-01-360] (cc) (kac). (Additional attachment(s) added on 6/25/2008: # 1 Settlement Agreement) (kac). (Entered: 10/15/2001)

RECAP

Case Details

State / Territory:

West Virginia

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 30, 1999

Closing Date: Oct. 15, 2001

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

Green Lance, Inc.

Case Details

Causes of Action:

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

Other Dockets:

Northern District of West Virginia 5:99-cv-00129

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Issues

Discrimination Area:

Disparate Treatment

EEOC-centric:

Direct Suit on Merits

Recommended Citation