Case: EEOC v. BUTTERWORTH INDUSTRIES INC

1:04-cv-00300 | U.S. District Court for the Northern District of Indiana

Filed Date: Aug. 12, 2004

Closed Date: 2010

Clearinghouse coding complete

Case Summary

The Indianapolis Office of the EEOC filed this action in the District Court for the Northern District of Indiana. The Defendant was Butterworth Industries, Inc., an industrial equipment maintenance and protection provider. The controversy involved the alleged failure of the Defendant to reasonably accommodate a physically disabled employee and then discharging her. The lawsuit was filed in August of 2004 and was eventually resolved by consent decree in June of 2005. The litigation appeared t…

The Indianapolis Office of the EEOC filed this action in the District Court for the Northern District of Indiana. The Defendant was Butterworth Industries, Inc., an industrial equipment maintenance and protection provider. The controversy involved the alleged failure of the Defendant to reasonably accommodate a physically disabled employee and then discharging her. The lawsuit was filed in August of 2004 and was eventually resolved by consent decree in June of 2005. The litigation appeared to be rather contentious, as the EEOC filed numerous motions to compel discovery and eventually a motion for sanctions, which was granted. The complainant, who did not intervene in the case, was awarded $5,500 and a guarantee of neutral reference and no mention of the incident in her personnel file. In addition, those involved were required to attend a training seminar and the company had to post a Notice and adopt a written policy prohibiting discrimination. The decree was to last for five years. The docket sheet does not show any further enforcement took place; the case was presumably closed in 2010.

Summary Authors

Tony Verticchio (6/30/2007)

Documents in the Clearinghouse

Document

Docket

EEOC v. Butterworth Industries Inc

June 17, 2005 Docket
1

Complaint

EEOC v. Butterworth Industries Inc

Aug. 12, 2004 Complaint
25

Order [Regarding Plaintiff's Motion to Compel]

EEOC v. Butterworth Industries Inc

Feb. 24, 2005 Order/Opinion
30

Order [Regarding Plaintiff's Second Motion to Compel]

EEOC v. Butterworth Industries Inc.

March 15, 2005 Order/Opinion
33

Order [Regarding Plaintiff's Motion for an Order to Compel Compliance]

EEOC v. Butterworth Industries Inc.

March 17, 2005 Order/Opinion
51

Consent Decree

EEOC v. Butterworth Industries Inc

June 17, 2005 Settlement Agreement

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT with Jury Demand against Butterworth Industries Inc , filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(lns, ) (Entered: 08/13/2004)

Aug. 12, 2004
2

NOTICE of Appearance by Jo Ann Farnsworth on behalf of Equal Employment Opportunity Commission (lns, ) (Entered: 08/13/2004)

Aug. 12, 2004
3

NOTICE of Appearance by Laurie A Young on behalf of Equal Employment Opportunity Commission (lns, ) (Entered: 08/13/2004)

Aug. 12, 2004
4

NOTICE of Appearance by Michelle F Eisele on behalf of Equal Employment Opportunity Commission (lns, ) (Entered: 08/13/2004)

Aug. 12, 2004
5

Summons Issued as to Butterworth Industries Inc. (F.L. Butterworth Jr) (lns, ) (Entered: 08/13/2004)

Aug. 12, 2004
6

SUMMONS Returned Executed by Equal Employment Opportunity Commission. Butterworth Industries Inc served on 8/18/2004, answer due 9/7/2004. (lns, ) (Entered: 08/27/2004)

Aug. 24, 2004
7

NOTICE of Appearance by Shane Eric Beal on behalf of Butterworth Industries Inc (lns, ) (Entered: 10/15/2004)

Oct. 14, 2004
8

ANSWER to 1 Complaint by Butterworth Industries Inc.(lns, ) (Entered: 10/15/2004)

Oct. 14, 2004
9

ORDER Rule 16 Preliminary Pretrial Conference set for 11/22/2004 03:00 PM in Fort Wayne before Magistrate Judge Roger B Cosbey.Signed by Judge Roger B Cosbey on 10/18/04. (wsy) (Entered: 10/18/2004)

Oct. 18, 2004
11

CERTIFICATE of Attorney . (Farnsworth, Jo Ann) (Entered: 10/27/2004)

Oct. 27, 2004
12

REPORT of Rule 26(f) Planning Meeting. (Farnsworth, Jo Ann) (Entered: 11/10/2004)

Nov. 10, 2004
13

Minute Entry for proceedings held before Judge Roger B Cosbey : Preliminary Pretrial Conference held on 11/22/2004. The Report is approved and made an order of the Court. The dates will not be changed without good cause shown. All discovery to be completed by 8/30/2005. Mediator Selection Deadline is 60 days or 1/24/2005. Dispositive motions to be filed by 10/30/2005.(Tape #62) (wsy) (Entered: 11/22/2004)

Nov. 22, 2004
14

SCHEDULING ORDER: 2 day Jury Trial set for 3/21/2006 09:00 AM in Fort Wayne before Judge William C Lee. Final Pretrial Conference set for 2/27/2006 01:30 PM in Fort Wayne before Judge William C Lee.. Signed by Judge William C Lee on 11/22/04. (lrm, ) (Entered: 11/22/2004)

Nov. 22, 2004
15

NOTICE of Appearance by Jerry T Drook on behalf of Butterworth Industries Inc (lns, ) (Entered: 12/06/2004)

Dec. 1, 2004
16

ENTRY for Judge William C. Lee; the Final Pretrial Conference in this cause is hereby re-set from 2/27/06 to 3/6/2006 01:30 PM in Fort Wayne before Judge William C Lee.No additional written entry will issue.(lrm, ) (Entered: 12/20/2004)

Dec. 20, 2004
17

REPORT by Equal Employment Opportunity Commission Regarding Mediation . (Farnsworth, Jo Ann) (Entered: 01/18/2005)

Jan. 18, 2005
18

ORDER: The parties notify the Court that they have selected Robert Keen, Jr. as mediator. Counsel are to notify Mr. Keen of the selection. Robert T Keen added as mediator. (wsy) (Entered: 01/19/2005)

Jan. 19, 2005
19

Witness List by Equal Employment Opportunity Commission. (Farnsworth, Jo Ann) (Entered: 02/01/2005)

Feb. 1, 2005
20

Preliminary Exhibit List Preliminary by Equal Employment Opportunity Commission.. (Farnsworth, Jo Ann) (Entered: 02/01/2005)

Feb. 1, 2005
21

NOTICE by Equal Employment Opportunity Commission Preliminary Contentions (Farnsworth, Jo Ann) (Entered: 02/01/2005)

Feb. 1, 2005
22

MOTION to Compel by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E)(Farnsworth, Jo Ann) (Entered: 02/24/2005)

Feb. 24, 2005
23

MEMORANDUM in Support of 22 MOTION to Compel filed by Equal Employment Opportunity Commission. (Farnsworth, Jo Ann) (Entered: 02/24/2005)

Feb. 24, 2005
24

CERTIFICATE of Informal Attempt to Settle Discovery Dispute . (Farnsworth, Jo Ann) (Entered: 02/24/2005)

Feb. 24, 2005
26

MOTION to Compel by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F)(Farnsworth, Jo Ann) (Entered: 03/15/2005)

March 15, 2005
27

MEMORANDUM in Support of 26 MOTION to Compel filed by Equal Employment Opportunity Commission. (Farnsworth, Jo Ann) (Entered: 03/15/2005)

March 15, 2005
28

CERTIFICATE of Informal Attempt to Settle Discovery Dispute . (Farnsworth, Jo Ann) (Entered: 03/15/2005)

March 15, 2005
30

ORDER granting 26 Motion to Compel by Plaintiff Equal Employment Opportunity Commission. Deft Butterworth Industries Inc ordered to respond to Pltfs' First Set of Interr and First Req for Prod of Docs on/bf 4/1/2005. Signed by Judge Roger B Cosbey on 3/15/2005. (lns, ) (Entered: 03/16/2005)

March 15, 2005
29

NOTICE by Equal Employment Opportunity Commission re 26 MOTION to Compel Notice of Partial Compliance (Attachments: # 1 Exhibit G# 2 Exhibit H# 3 Exhibit H, part 2# 4 Exhibit H, part 3)(Farnsworth, Jo Ann) (Entered: 03/16/2005)

March 16, 2005
31

MOTION to Compel Defendant's Compliance with Court Order by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A)(Farnsworth, Jo Ann) (Entered: 03/16/2005)

March 16, 2005
32

CERTIFICATE of Informal Attempt to Settle Dispute . (Farnsworth, Jo Ann) (Entered: 03/16/2005)

March 16, 2005
33

ORDER granting 31 Motion to Compel Defendant's Compliance with Court Order by Plaintiff Equal Employment Opportunity Commission. Deft Butterworth Industries Inc ordered to serve its Preliminary Witness List, Peliminary Exhibit List and Preliminary Contentions on/bf 4/5/2005. Signed by Judge Roger B Cosbey on 3/17/2005. (lns, ) (Entered: 03/17/2005)

March 17, 2005
34

MOTION for Extension of Time to File Expert Report by Plaintiff Equal Employment Opportunity Commission. (Farnsworth, Jo Ann) (Entered: 03/31/2005)

March 31, 2005
35

ORDER granting 34 Motion for Extension of Time to File Expert Reports. Plaintiff EEOC's expert witness disclosures and reports due on/bf 6/30/2005. Signed by Judge Roger B Cosbey on 3/31/2005. (lns, ) (Entered: 03/31/2005)

March 31, 2005

Set/Reset Deadlines: Plaintiff expert witness disclosures and reports to be submitted by 6/30/2005. (lns, ) (Entered: 03/31/2005)

March 31, 2005
36

MOTION for Sanctions by Plaintiff Equal Employment Opportunity Commission. (Farnsworth, Jo Ann) (Entered: 04/13/2005)

April 13, 2005
37

MEMORANDUM in Support of 36 MOTION for Sanctions filed by Equal Employment Opportunity Commission. (Farnsworth, Jo Ann) (Entered: 04/13/2005)

April 13, 2005
39

MOTION to reset Hearing by Plaintiff Equal Employment Opportunity Commission. (Farnsworth, Jo Ann) (Entered: 04/20/2005)

April 20, 2005
40

ORDER granting 39 Motion to Reset Hearing by Plaintiff Equal Employment Opportunity Commission. Motion Hearing reset for 4/28/2005 01:00 PM in Fort Wayne before Magistrate Judge Roger B Cosbey. Signed by Judge Roger B Cosbey on 4/20/2005. (lns, ) (Entered: 04/20/2005)

April 20, 2005
41

MOTION to reset 4/28/05 hearing by Defendant Butterworth Industries Inc. (lrm, ) (Entered: 04/26/2005)

April 26, 2005
42

ORDER granting 41 Motion to Reset Motion Hearing re 36 Motion for Sanctions re-set for 5/25/2005 01:00 PM in Fort Wayne before Magistrate Judge Roger B Cosbey. No further extensions will be granted. Signed by Judge Roger B Cosbey on 4/26/05. (lrm, ) (Entered: 04/26/2005)

April 26, 2005
43

MOTION to Compel by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A - Second Request for Production# 2 Exhibit B-Letter)(Farnsworth, Jo Ann) (Entered: 05/19/2005)

May 19, 2005
44

MEMORANDUM in Support of 43 MOTION to Compel filed by Equal Employment Opportunity Commission. (Farnsworth, Jo Ann) (Entered: 05/19/2005)

May 19, 2005
45

CERTIFICATE of Informal Attempt to Settle Discovery Dispute . (Farnsworth, Jo Ann) (Entered: 05/19/2005)

May 19, 2005
46

ORDER re 43 MOTION to Compel filed by Equal Employment Opportunity Commission. Motion Hearing set for 5/25/2005 01:00 PM in Fort Wayne before Magistrate Judge Roger B Cosbey. (wsy) (Entered: 05/19/2005)

May 19, 2005
47

Minute Entry for proceedings held before Judge Roger B Cosbey : Motion Hearing held on 5/25/2005 re 43 MOTION to Compel filed by Equal Employment Opportunity Commission and 36 MOTION for sanctions. Both motions are granted and terminated: Plaintiff counsel to file the affidavit for attorney fees by 5/31/05. Defendant to deliver to plaintiff the requested documents by 5/27/05. Defendant to submit to the Court a certification from Frank Butterworth's physician as to why he was unable to attend today's hearing. Mr. Butterworth, Susan Butterworth and counsel to be present at the 6/2/05 hearing. The issue of attorney fees and the compliance with discovery will be heard. Motion Hearing (Amount of sanctions/compliance w/discovery) set for 6/2/2005 03:00 PM in Fort Wayne before Magistrate Judge Roger B Cosbey. (Tape #71) (wsy) (Entered: 05/25/2005)

May 25, 2005
48

MOTION for Attorney Fees by Plaintiff Equal Employment Opportunity Commission. (Farnsworth, Jo Ann) (Entered: 05/27/2005)

May 27, 2005
49

CERTIFICATE Declaration of Jo Ann Farnsworth . (Farnsworth, Jo Ann) (Entered: 05/27/2005)

May 27, 2005
51

CONSENT DECREE, granting 50 MOTION to Approve and Enter Consent Decree filed by Equal Employment Opportunity Commission, Butterworth Industries Inc. Signed by Judge William C Lee on 6/17/2005. (lns, ) (Entered: 06/17/2005)

June 17, 2005

State / Territory: Indiana

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Aug. 12, 2004

Closing Date: 2010

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

Butterworth Industries Inc. (Gas City, Indiana), Private Entity/Person

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

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: 5500

Order Duration: 2005 - 2010

Content of Injunction:

Neutral/Positive Reference

Discrimination Prohibition

Develop anti-discrimination policy

Reporting

Monitoring

Expungement of Employment Record

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Issues

General:

Disparate Treatment

Discrimination-area:

Accommodation / Leave

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits