Case: EEOC v. MILLER DESK, INC.

1:01-cv-00851 | U.S. District Court for the Middle District of North Carolina

Filed Date: Sept. 7, 2001

Closed Date: 2002

Clearinghouse coding complete

Case Summary

In September 2001, the Charlotte office of the EEOC brought this suit against Miller Desk, Inc. in the U.S. District Court for the Middle District of North Carolina. The case settled by entry of a consent decree in August 2002.

The one year consent decree required the defendant to refrain from discrimination and retaliation, pay the claimant $10,000 in sum, develop and anti-discrimination policy, post notice, and expunge the claimant's record. Because the docket is the only accessible document, no information on the nature of the suit or the consent decree is available.

Summary Authors

Kevin Wilemon (6/26/2007)

Documents in the Clearinghouse

Document

1:01-cv-00851

Docket (PACER)

EEOC v. Miller Desk

Aug. 28, 2002

Aug. 28, 2002

Docket

Resources

Docket

Last updated Aug. 15, 2022, 3:05 a.m.

ECF Number Description Date Link Date / Link

**Case assigned to Magistrate Judge ELIASON. AO Code 18AG (fe) (Entered: 09/10/2001)

Sept. 7, 2001

Sept. 7, 2001

1

COMPLAINT filed; jury demand (fe) (Entered: 09/10/2001)

Sept. 7, 2001

Sept. 7, 2001

Notice of Right to Consent 28 USC 636(c)(2) (fe) (Entered: 09/10/2001)

Sept. 7, 2001

Sept. 7, 2001

CASE SELECTED FOR MEDIATION (fe) (Entered: 09/10/2001)

Sept. 7, 2001

Sept. 7, 2001

STANDING ORDER 30 CASE (fe) (Entered: 09/10/2001)

Sept. 7, 2001

Sept. 7, 2001

2

WAIVER OF SERVICE OF SUMMONS Returned Executed as to MILLER DESK on 9/10/01. Answer due on 11/9/01 for MILLER DESK. (fe) (Entered: 10/18/2001)

Oct. 18, 2001

Oct. 18, 2001

3

CONSENT MOTION by EEOC, MILLER DESK to Extend Time for sixty (60) days to and including January 9, 2002 to file an answer to the complaint (L. Simmonds) (Entered: 12/13/2001)

Dec. 11, 2001

Dec. 11, 2001

Motion(s) referred: [3-1] motion to Extend Time for sixty (60) days to and including January 9, 2002 to file an answer to the complaint referred to MAG/JUDGE RUSSELL A. ELIASON (fe) (Entered: 12/14/2001)

Dec. 14, 2001

Dec. 14, 2001

4

ORDER granting [3-1] motion to Extend Time for sixty (60) days to and including January 9, 2002 to file an answer to the complaint reset Answer deadline to 1/9/02 for MILLER DESK signed by MAG/JUDGE RUSSELL A. ELIASON [EOD Date 12/19/01] (J. Wilson) (Entered: 12/19/2001)

Dec. 19, 2001

Dec. 19, 2001

5

ANSWER to Complaint by MILLER DESK (Attorney ROBERT A. HARTSOE) (L. Simmonds) (Entered: 01/10/2002)

Jan. 10, 2002

Jan. 10, 2002

CASE AT ISSUE (L. Simmonds) (Entered: 01/10/2002)

Jan. 10, 2002

Jan. 10, 2002

6

NOTICE of Hearing: set Initial Pretrial Conference for 9:30 2/21/02 in COURTROOM #3 (WSA) ( before MAG/JUDGE RUSSELL A. ELIASON ). Ccs. dist. (W. Williamson) (Entered: 01/18/2002)

Jan. 18, 2002

Jan. 18, 2002

7

NOTICE TO PARTIES RE STANDING ORDER 30. (D. Mccarty) (Entered: 01/24/2002)

Jan. 24, 2002

Jan. 24, 2002

CASE REFERRED to Mag/Jud Eliason re: proposed Joint Rule 26(f) Report. (W. Williamson) (Entered: 02/15/2002)

Feb. 15, 2002

Feb. 15, 2002

8

Joint Rule 26(f) Report and Order setting Discovery cutoff 8/20/02; JURY; Notice of Intent to file Dsp.Motions due by 8/30/02. CASE MANAGEMENT period. The parties have not agreed who will serve as mediator. Plaintiff should be allowed until March 20, 2002 to join additional parties or to amend pleadings. Defendant should be allowed until April 20, 2002 to join additional parties or to amend pleadings. The parties have not agreed to have this case assigned to Magistrate Judge. ETT three (3) days. Signed by MAG/JUDGE RUSSELL A. ELIASON. Ccs dist [EOD Date 2/20/02] (L. Simmonds) (Entered: 02/20/2002)

Feb. 20, 2002

Feb. 20, 2002

Complex Case (L. Simmonds) (Entered: 02/20/2002)

Feb. 20, 2002

Feb. 20, 2002

CASE NO LONGER REFERRED to Mag/Jud. (L. Simmonds) (Entered: 02/20/2002)

Feb. 20, 2002

Feb. 20, 2002

Mediation Hearing set for no later than 8/20/2002. (fe) (Entered: 03/27/2002)

Feb. 20, 2002

Feb. 20, 2002

9

NOTICE of Hearing: setting Jury Trial for 9:30 4/7/03 in UNASSIGNED COURTROOM . Trial Briefs, etc. due 3/18/03 (S. Blumke) (Entered: 04/02/2002)

April 2, 2002

April 2, 2002

10

ORDER Appointing Mediator Lynn G. Gullick (signed by Clerk). [EOD Date 4/19/02] (J. Wilson) (Entered: 04/19/2002)

April 19, 2002

April 19, 2002

CASE REPORTED SETTLED by ARDEN LYNN ACHENBERG for plaintiff EEOC. Dismissal Order due 8/2/02. (W. Williamson) (Entered: 07/08/2002)

July 3, 2002

July 3, 2002

CASE REFERRED to Judge Tilley re: Consent Decree (S. Blumke) (Entered: 08/26/2002)

Aug. 26, 2002

Aug. 26, 2002

11

CONSENT DECREE that Defendant agrees not to discriminate against any employee on the basis of sex as set out; Defendant agrees not to discriminate or retaliate against any person because of opposition to any practice made unlawful under the listed Acts as set out; Defendant shall pay Delena G. Hicks the sum of ten thousand dollars ($10,000), in settlement of the claims raised on her behalf in this action as set out; Defendant agrees to eliminate from the employment records of Delena G. Hicks any and all documents, entries, or references of any kind relating to the facts and circumstances which led to the filing of EEOC Charge Number 145A10091 and the related events that occured thereafter; Defendant shall institute and implement an anti-discrimination policy as set out; during the term of this Consent Decree, Defendant shall conspicuously post the attached Employee Notice, marked Appendix A as set out; the term of this Consent Decree shall be for one (1) year from its entry by the Court; the parties shall each bear their own costs and attorney's fees; this Court shall retain jurisdiction of this action for purposes of monitoring compliance with this Consent Decree and entry of such further orders as may be necessary or appropriate. (signed by CHIEF JUDGE N. C. TILLEY JR.) Ccs. dist. [EOD Date 8/28/02] (fe) (Entered: 08/28/2002)

Aug. 27, 2002

Aug. 27, 2002

CASE CLOSED. Closing Code 8a (fe) (Entered: 08/28/2002)

Aug. 27, 2002

Aug. 27, 2002

CASE NO LONGER REFERRED to Judge. (fe) (Entered: 08/28/2002)

Aug. 28, 2002

Aug. 28, 2002

Case Details

State / Territory: North Carolina

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 7, 2001

Closing Date: 2002

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

Miller Desk, Inc., Private Entity/Person

Case Details

Availably Documents:

Trial Court Docket

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: 10000

Order Duration: 2002 - 2003

Content of Injunction:

Discrimination Prohibition

Expungement of Employment Record

Develop anti-discrimination policy

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Issues

General:

Disparate Treatment

EEOC-centric:

Direct Suit on Merits