Case: EEOC v. E & H ELECTRICAL SERVICE

3:05-cv-00269 | U.S. District Court for the Western District of North Carolina

Filed Date: June 9, 2005

Closed Date: Oct. 3, 2007

Clearinghouse coding complete

Case Summary

In June 2005, the EEOC's Charlotte District Office filed suit in U.S. District Court for the Western District of North Carolina. The complaint alleged that the defendant, E&H Electrical Service, violated Title VII of the Civil Rights Act by subjecting an American Indian employee to harassment based on his race.

The defendant moved for summary judgment, and in March of 2007, the court granted the motion, reasoning that the employee's treatment was not severe or pervasive enough to constitute a hostile working environment. The EEOC appealed the ruling. In October of 2007, the appeal was dismissed with the consent of the parties.

Summary Authors

Jason Chester (5/30/2008)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4304872/parties/equal-employment-opportunity-commission-v-eh-electrical-service-inc/


Attorneys(s) for Plaintiff

Barnes, Lynette (North Carolina)

Dreiband, Eric S. (District of Columbia)

Lee, James L. (District of Columbia)

Reams, Gwendolyn Young (District of Columbia)

Ryerse, Mary M. (North Carolina)

Attorneys(s) for Plaintiff

Barnes, Lynette (North Carolina)

Dreiband, Eric S. (District of Columbia)

Lee, James L. (District of Columbia)

Reams, Gwendolyn Young (District of Columbia)

Ryerse, Mary M. (North Carolina)

Documents in the Clearinghouse

Document

3:05-cv-00269

Docket [PACER]

EEOC v. E&H Electrical Service, Inc.

Oct. 3, 2007

Oct. 3, 2007

Docket
1-1

3:05-cv-00269

Complaint

EEOC v. E & H Electrical Service, Inc.

June 9, 2005

June 9, 2005

Complaint
13

3:05-cv-00269

Amended Joint Consent Protective Order

EEOC v. E&H Electrical Service Inc.

May 10, 2006

May 10, 2006

Order/Opinion
30

3:05-cv-00269

Opinion [Granting Defendant Summary Judgment]

EEOC v. E & H Electrical Service, Inc

2007 WL 841942, 2007 U.S.Dist.LEXIS 19836

March 19, 2007

March 19, 2007

Order/Opinion

3:05-cv-00269

07-01467

Order [Re: USCA dismissing appeal]

EEOC v. E&H Electrical Service Inc.

U. S. Court of Appeals for the Fourth Circuit

Oct. 3, 2007

Oct. 3, 2007

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4304872/equal-employment-opportunity-commission-v-eh-electrical-service-inc/

Last updated July 23, 2022, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against E&H Electrical Service, Inc., filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(Basile, Antonietta) (Entered: 06/13/2005)

1 Civil Cover Sheet

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June 9, 2005

June 9, 2005

RECAP
2

NOTICE OF LAWSUIT AND REQUEST FOR WAIVER of Service of Summons sent to Tim S. Ellison, Registered Agent for E&H Electrical Service, Inc. by Equal Employment Opportunity Commission. (Basile, Antonietta) (Entered: 06/13/2005)

June 9, 2005

June 9, 2005

PACER
3

WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. E&H Electrical Service, Inc. waiver sent on 6/9/2005, answer due 8/8/2005. (Barber, Suzanne) (Entered: 07/01/2005)

July 1, 2005

July 1, 2005

PACER
4

ANSWER to Complaint with Jury Demand by E&H Electrical Service, Inc..(Wallace, Betsy) (Entered: 08/09/2005)

Aug. 3, 2005

Aug. 3, 2005

PACER
7

CERTIFICATION of initial attorney conference and discovery plan by Equal Employment Opportunity Commission, E&H Electrical Service, Inc..(Cochran, Candace) (Entered: 09/06/2005)

Sept. 1, 2005

Sept. 1, 2005

PACER
8

SCHEDULING ORDER: Discovery due by 5/30/2006. Motions due by 6/30/2006. Jury Trial set for 12/4/2006 10:00 AM in Courtroom #3, 401 W. Trade St., Charlotte, NC 28202 before Graham Mullen.. Signed by Judge Graham Mullen on 9/14/05. (Wallace, Betsy) (Entered: 09/14/2005)

Sept. 14, 2005

Sept. 14, 2005

PACER
9

Joint MOTION for Extension of Scheduling Deadlines for Disclosure of Expert Witness(es) by Equal Employment Opportunity Commission, E&H Electrical Service, Inc.. Responses due by 12/27/2005 (Attachments: # 1 Text of Proposed Order)(Ryerse, Mary) (Entered: 12/12/2005)

1 Text of Proposed Order

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Dec. 12, 2005

Dec. 12, 2005

PACER
10

ORDER granting 9 Motion for Extension of Scheduling Deadlines . Signed by Judge Graham Mullen on 12/19/05. (Huntley, Cynthia) (Entered: 12/20/2005)

Dec. 19, 2005

Dec. 19, 2005

PACER
11

Joint MOTION for Protective Order by Equal Employment Opportunity Commission, E&H Electrical Service, Inc.. Responses due by 5/22/2006 (Attachments: # 1 Proposed Order Consent Protective Order)(Ryerse, Mary) (Entered: 05/05/2006)

1 Proposed Order Consent Protective Order

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May 5, 2006

May 5, 2006

PACER
12

NOTICE by Equal Employment Opportunity Commission re 11 Joint MOTION for Protective Order (Attachments: # 1 Proposed Order Amended Consent Protective Order)(Ryerse, Mary) (Entered: 05/08/2006)

1 Proposed Order Amended Consent Protective Order

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May 8, 2006

May 8, 2006

PACER
13

ORDER granting 11 Motion for Protective Order . Signed by Judge Graham Mullen on 5/10/06. (MacEwan, Cathy) (Entered: 05/11/2006)

May 10, 2006

May 10, 2006

PACER
14

Joint MOTION for Extension of Scheduling Deadlines by E&H Electrical Service, Inc.. (Adams, G.) (Entered: 05/17/2006)

May 17, 2006

May 17, 2006

PACER
15

ORDER granting 14 Motion for Extension of Scheduling Deadlines . Signed by Judge Graham Mullen on 5/17/06. (Huntley, Cynthia) (Entered: 05/18/2006)

May 17, 2006

May 17, 2006

PACER
16

REPORT of Mediation - The parties have reached an impasse.(Huntley, Cynthia) (Entered: 05/24/2006)

May 23, 2006

May 23, 2006

PACER
17

Joint MOTION for Extension of Scheduling Deadlines by E&H Electrical Service, Inc.. (Adams, G.) (Entered: 06/28/2006)

June 28, 2006

June 28, 2006

PACER
18

ORDER granting 17 Motion for Extension of Scheduling Deadlines . Signed by Judge Graham Mullen on 6/30/06. (Huntley, Cynthia) (Entered: 07/03/2006)

June 30, 2006

June 30, 2006

PACER
19

MOTION for Extension of Scheduling Deadlines by E&H Electrical Service, Inc..Responses due by 9/18/2006 (Adams, G.) (Entered: 08/30/2006)

Aug. 30, 2006

Aug. 30, 2006

PACER
20

ORDER granting 19 MOTION for Extension of Scheduling Deadlines. Discovery due by 10/16/2006. Motions due by 11/16/2006. Signed by Judge Graham Mullen on 9/1/06. (com) (Entered: 09/01/2006)

Sept. 1, 2006

Sept. 1, 2006

RECAP
21

MOTION for Summary Judgment by E&H Electrical Service, Inc..Responses due by 12/4/2006 (Adams, G.) (Entered: 11/16/2006)

Nov. 16, 2006

Nov. 16, 2006

PACER
22

MEMORANDUM in Support re 21 MOTION for Summary Judgment filed by E&H Electrical Service, Inc.. (Attachments: # 1 Appendix Locklear Deposition Excerpts# 2 Appendix Locklear Deposition Exhibits# 3 Appendix Ellison Depo Excerpts and Exhibits# 4 Appendix Braswell Deposition Excerpts# 5 Appendix Miller Deposition Excerpts# 6 Appendix Helms Deposition Excerpts# 7 Appendix Wilson Deposition Excerpts# 8 Appendix Heafner Deposition Excerpts# 9 Affidavit Tim Ellison Affidavit# 10 Affidavit TIm Harbin Affidavit# 11 Affidavit Gary McDowell Affidavit# 12 Affidavit Robert McDowell Affidavit# 13 Exhibit Memorandum Exhibit A# 14 Exhibit Memorandum Exhibit B# 15 Appendix Unpublished Decisions Pt. 1# 16 Appendix Unpublished Decisions Pt. 2)(Adams, G.) (Entered: 11/16/2006)

1 Appendix Locklear Deposition Excerpts

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2 Appendix Locklear Deposition Exhibits

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3 Appendix Ellison Depo Excerpts and Exhibits

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4 Appendix Braswell Deposition Excerpts

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5 Appendix Miller Deposition Excerpts

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6 Appendix Helms Deposition Excerpts

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7 Appendix Wilson Deposition Excerpts

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8 Appendix Heafner Deposition Excerpts

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9 Affidavit Tim Ellison Affidavit

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10 Affidavit TIm Harbin Affidavit

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11 Affidavit Gary McDowell Affidavit

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12 Affidavit Robert McDowell Affidavit

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13 Exhibit Memorandum Exhibit A

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14 Exhibit Memorandum Exhibit B

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15 Appendix Unpublished Decisions Pt. 1

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16 Appendix Unpublished Decisions Pt. 2

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Nov. 16, 2006

Nov. 16, 2006

PACER
23

MEMORANDUM in Opposition re 21 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 Appendix # 2 Exhibit 1 - Locklear Depostion Excerpts# 3 Exhibit 2 - Locklear Dep Exhibit 6# 4 Exhibit 3 - Locklear Dep Exhibit 10# 5 Exhibit 4- Locklear Affidavit# 6 Exhibit 5 - Ellison Deposition excerpts# 7 Exhibit 6 - Ellison Dep Exhibit 4# 8 Exhibit 7 - Ellison Dep Exhibit 12# 9 Exhibit 8 - Braswell Deposition excerpts# 10 Exhibit 9 - Helms Deposition excerpts# 11 Exhibit 10 - Wilson Deposition excerpts# 12 Exhibit 11 - Miller Deposition excerpts# 13 Exhibit 12 - Unreported cases# 14 Exhibit 13 - Unreported cases 2)(Ryerse, Mary) (Entered: 12/04/2006)

1 Appendix

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2 Exhibit 1 - Locklear Depostion Excerpts

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3 Exhibit 2 - Locklear Dep Exhibit 6

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4 Exhibit 3 - Locklear Dep Exhibit 10

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5 Exhibit 4- Locklear Affidavit

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6 Exhibit 5 - Ellison Deposition excerpts

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7 Exhibit 6 - Ellison Dep Exhibit 4

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8 Exhibit 7 - Ellison Dep Exhibit 12

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9 Exhibit 8 - Braswell Deposition excerpts

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10 Exhibit 9 - Helms Deposition excerpts

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11 Exhibit 10 - Wilson Deposition excerpts

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12 Exhibit 11 - Miller Deposition excerpts

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13 Exhibit 12 - Unreported cases

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14 Exhibit 13 - Unreported cases 2

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Dec. 4, 2006

Dec. 4, 2006

PACER
24

Unredacted Documents re: 23 Memorandum in Opposition to Motion; Exhibit 2 and (Attachments: (1) Exhibit 3)(com) (Entered: 12/07/2006)

Dec. 5, 2006

Dec. 5, 2006

PACER
25

REPLY to Response to Motion re 21 MOTION for Summary Judgment filed by E&H Electrical Service, Inc.. (Attachments: # 1 Appendix Luke Heafner Deposition Excerpt)(Adams, G.) (Entered: 12/15/2006)

1 Appendix Luke Heafner Deposition Excerpt

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Dec. 15, 2006

Dec. 15, 2006

PACER
26

Surreply by Equal Employment Opportunity Commission as to 21 MOTION for Summary Judgment. (Attachments: # 1 Exhibit 1 - Locklear Deposition excerpts)(Ryerse, Mary) (Entered: 12/22/2006)

1 Exhibit 1 - Locklear Deposition excerpts

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Dec. 22, 2006

Dec. 22, 2006

PACER
27

MOTION for Leave to File A Surreply Memorandum to Defendant's Reply Memorandum by Equal Employment Opportunity Commission.Responses due by 1/16/2007 (Attachments: # 1 Attachment A: Proposed Surreply Memo with Exhibit# 2 Proposed Order)(Ryerse, Mary) (Entered: 12/27/2006)

1 Attachment A: Proposed Surreply Memo with Exhibit

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2 Proposed Order

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Dec. 27, 2006

Dec. 27, 2006

PACER
28

ORDER granting 27 Motion for Leave to File a memorandum in response to Defendant's Reply Memorandum in Support of Defendant's Motion for Summary Judgment. Signed by Judge Graham Mullen on 1/5/07. (chh) (Entered: 01/05/2007)

Jan. 5, 2007

Jan. 5, 2007

PACER
29

ORDER Jury Trial reset for 5/7/2007 10:00 AM in Courtroom #3, 401 W. Trade St., Charlotte, NC 28202 before Graham Mullen. Signed by Judge Graham Mullen on 1/23/07. (com) (Entered: 01/23/2007)

Jan. 23, 2007

Jan. 23, 2007

RECAP
30

ORDER granting 21 Motion for Summary Judgment. Signed by Judge Graham Mullen on 3/19/07. (com) (Entered: 03/19/2007)

March 19, 2007

March 19, 2007

RECAP
31

CLERK'S JUDGMENT is hereby entered in accordance with the Court's Order dated 3/19/07 (com) (Entered: 03/20/2007)

March 20, 2007

March 20, 2007

RECAP
32

NOTICE OF APPEAL as to 31 Clerk's Judgment, 30 Order on Motion for Summary Judgment by Equal Employment Opportunity Commission. (Ryerse, Mary) (Entered: 05/18/2007)

May 18, 2007

May 18, 2007

PACER
33

Transmission of Notice of Appeal to US Court of Appeals re 32 Notice of Appeal (tmg) (Entered: 05/18/2007)

May 18, 2007

May 18, 2007

PACER
34

USCA Case Number 07-1467 for 32 Notice of Appeal USCA Case Manager: Richard H. Sewell. (smj) (Entered: 05/24/2007)

May 24, 2007

May 24, 2007

PACER
35

MANDATE of USCA as to 32 Notice of Appeal (Attachments: # 1 Order)(mga) (Entered: 10/12/2007)

1 Order

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Oct. 3, 2007

Oct. 3, 2007

PACER

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: June 9, 2005

Closing Date: Oct. 3, 2007

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

E&H Electrical Service, Inc. (Indian Trail, North Carolina), Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Disparate Treatment

Discrimination-area:

Harassment / Hostile Work Environment

Discrimination-basis:

Race discrimination

EEOC-centric:

Direct Suit on Merits