Case: EEOC and ABRAMS v. FREEMAN MECHANICAL INC

6:02-cv-01783 | U.S. District Court for the District of South Carolina

Filed Date: May 22, 2002

Closed Date: March 5, 2003

Clearinghouse coding complete

Case Summary

This Title VII action was brought in the U.S. District Court for the District of South Carolina, against Freeman Mechanical Inc. The complaint, filed in May 2002, alleged race discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964, specifically that Defendant had racially harassed the charging party and then discharged him because of his complaints about the racial harassment. The EEOC filed for partial summary judgment in November 2002 but the motion was den…

This Title VII action was brought in the U.S. District Court for the District of South Carolina, against Freeman Mechanical Inc. The complaint, filed in May 2002, alleged race discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964, specifically that Defendant had racially harassed the charging party and then discharged him because of his complaints about the racial harassment. The EEOC filed for partial summary judgment in November 2002 but the motion was denied in December 2002.

In March 2003 the parties entered into a consent decree. The decree was valid for two years and enjoined Defendant from discriminating or retaliating in violation of Title VII. Defendant was also required to pay the charging party $10,000, provide him with a neutral employment reference, post a notice of non-discrimination at its facility, provide annual EEO training to its employees, and regularly report to the EEOC about its compliance with the decree.

Summary Authors

Shankar Viswanathan (7/6/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/11573157/parties/eeoc-v-freeman-mechanical/


Judge(s)

Wooten, Terry L. (South Carolina)

Attorney for Plaintiff

Brislane, James P (South Carolina)

Clark, Charles INACTIVE (South Carolina)

Turnage, Edwin Lake (South Carolina)

Attorney for Defendant

Arnold, W Andrew (South Carolina)

Documents in the Clearinghouse

Documents in this case

6:02-cv-01783

Docket

EEOC et al v. Freeman Mechanical et al

March 5, 2003

March 5, 2003

Docket
1

6:02-cv-01783

Complaint

EEOC v. Freeman Mechanical, Inc.

May 22, 2002

May 22, 2002

Complaint
5

6:02-cv-01783

Amended Complaint

EEOC v. Freeman Mechanical, Inc. et al

July 22, 2002

July 22, 2002

Pleading / Motion / Brief
25

6:02-cv-01783

Amended Complaint

EEOC v. Freeman Mechanical, Inc. et al

Oct. 17, 2002

Oct. 17, 2002

Complaint
37

6:02-cv-01783

Magistrate Judge Report and Recommendations

EEOC v. Freeman Mechanical, Inc. et al

Dec. 13, 2002

Dec. 13, 2002

Magistrate Report/Recommendation
42

6:02-cv-01783

Consent Decree

EEOC v. Freeman Mechanical, Inc. et al

March 5, 2003

March 5, 2003

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/11573157/eeoc-v-freeman-mechanical/

Last updated Nov. 3, 2026, 6:31 p.m.

Docket for: EEOC v. Freeman Mechanical
ECF Number Date Description Link
1 May 22, 2002

COMPLAINT; Scheduling order due by 8/30/02 Service due by 9/19/02 for Freeman Mechanical (jtho) (Entered: 05/23/2002)

RECAP
2 May 22, 2002

SUMMONS issued for defendant Freeman Mechanical (jtho) (Entered: 05/23/2002)

RECAP
3 June 17, 2002

ANSWER to Local Rule 26 Interrogatories by plaintiff EEOC; jury demand (dnap) (Entered: 06/18/2002)

RECAP
4 July 8, 2002

AFFIDAVIT OF SERVICE of summons and complaint executed as to defendant Freeman Mechanical 6/18/02 Assignment Interrogatories due on 7/18/02 for Freeman Mechanical ; Answer due on 7/8/02 for Freeman Mechanical. (jtho) (Entered: 07/09/2002)

RECAP
5 July 22, 2002

AMENDED COMPLAINT by plaintiff EEOC, (Answer due 8/1/02 for Freeman Mechanical ) Service due by 11/19/02 for Freeman Mechanical amending [1-1] complaint against defendant Freeman Mech LLC, FMC of Greenville; jury demand (jtho) (Entered: 07/22/2002)

RECAP
6 July 25, 2002

ANSWER to Complaint by defendant Freeman Mechanical, defendant FMC of Greenville (Attorney W. Andrew Arnold), Assignment Interrogatories due on 8/5/02 for FMC of Greenville, for Freeman Mechanical ; (jtho) (Entered: 07/29/2002)

RECAP
7 July 25, 2002

ANSWER to Local Rule 26 Interrogatories by defendant Freeman Mechanical, defendant FMC of Greenville (jtho) (Entered: 07/29/2002)

RECAP
8 July 30, 2002

CONFERENCE AND SCHEDULING ORDER setting 26(f) Conference no later than 8/19/02 ; 26(a) Initial Disclosures served by 9/3/02 ; 26(f) Report filed by 9/3/02 ; Joining of parties,amending of pleadings on 9/23/02 ; Plaintiff's ID of Experts set for 10/23/02 ; Defendant's ID of Experts set for 11/22/02 ; Records Custodian Affidavit filed by 5/2/03 ; Discovery cutoff 4/18/03 ; Motion In Limine filed by 5/26/02 ; Deadline for filing of all motions 4/3/03 ; 26(a)3 Pretrial Disclosures filed by 5/2/03 ; Pretrial Brief filed by 5/26/03 ; Jury Selection deadline set for 6/2/03 ; ADR Statement/Cert due by 4/3/03 Mediation deadline for 5/19/03 ( signed by Judge Terry L. Wooten ) eod 7/30/02, svd. (jtho) (Entered: 07/30/2002)

RECAP
9 Aug. 1, 2002

AFFIDAVIT OF SERVICE of summons and complaint executed as to defendant Freeman Mechanical 7/24/02 Assignment Interrogatories due on 8/23/02 for Freeman Mechanical ; Answer due on 8/13/02 for Freeman Mechanical executed by certified mail (jtho) (Entered: 08/01/2002)

RECAP
10 Aug. 13, 2002

MOTION by plaintiff EEOC for entry of default as to Freeman Mechanical, Inc. (jtho) (Entered: 08/13/2002)

RECAP
11 Aug. 14, 2002

AFFIDAVIT OF SERVICE of summons and complaint executed as to defendant Freeman Mechanical 8/5/02 Assignment Interrogatories due on 9/4/02 for Freeman Mechanical ; Answer due on 8/26/02 for Freeman Mechanical executed by certified mail (jtho) (Entered: 08/15/2002)

RECAP
12 Aug. 16, 2002

AMENDED MOTION by plaintiff EEOC for entry of default as to Freeman Mechanical (jtho) (Entered: 08/16/2002)

RECAP
13 Aug. 23, 2002

RESPONSE by defendant FMC of Greenville to [12-1] motion for entry of default as to Freeman Mechanical (jtho) (Entered: 08/27/2002)

RECAP
14 Sept. 3, 2002

AMENDED ANSWER to Local Rule 26 Interrogatories by defendant Freeman Mechanical Inc., defendant FMC of Greenville (jtho) (Entered: 09/04/2002)

RECAP
15 Sept. 3, 2002

26(f) Report by EEOC, Freeman Mechanical, FMC of Greenville . Parties disagree to Conference and Scheduling Order. (jtho) (Entered: 09/04/2002)

RECAP
16 Sept. 3, 2002

26(f) Answers to Local Rule 26 Interrogatories by Freeman Mechanical, FMC of Greenville . (jtho) Modified on 03/07/2003 (Entered: 09/04/2002)

RECAP
17 Sept. 3, 2002

26(f) Answers to Local Rule 26 Interrogatories by EEOC . (jtho) (Entered: 09/04/2002)

RECAP
18 Sept. 9, 2002

CONSENT AMENDED CONFERENCE AND SCHEDULING ORDER setting Joining of parties,amending of pleadings on 10/21/02 ; Plaintiff's ID of Experts set for 12/16/02 ; Defendant's ID of Experts set for 1/13/03 ; Records Custodian Affidavit filed by 4/14/03 ; Discovery cutoff 5/16/03 ; Motion In Limine filed by 7/28/03 ; Deadline for filing of all motions 6/2/03 ; 26(a)3 Pretrial Disclosures filed by 7/14/03 ; Pretrial Brief filed by <date not set> ; Jury Selection deadline set for 8/4/03 ; ADR Statement/Cert due by 3/5/03 Mediation deadline for 4/3/03 ( signed by Magistrate Judge William M. Catoe ) eod 9/9/02, svd. (jtho) (Entered: 09/09/2002)

RECAP
19 Sept. 12, 2002

MOTION by plaintiff EEOC for entry of default as to Freeman Mechanical (jtho) (Entered: 09/12/2002)

RECAP
20 Sept. 16, 2002

CLERK'S ENTRY OF DEFAULT as to defendant Freeman Mechanical granting [19-1] motion for entry of default as to Freeman Mechanical (jtho) (Entered: 09/16/2002)

RECAP
Sept. 16, 2002

Minute entry: mooting [12-1] motion for entry of default as to Freeman Mechanical - second amended motion for entry of default filed 9/12/02. (jtho) (Entered: 09/16/2002)

PACER
Sept. 16, 2002

Minute entry: mooting [12-1] motion for entry of default as to Freeman Mechanical - second amended motion for entry of default filed 9/12/02. (jtho)

24 Sept. 23, 2002

MOTION by movant Don Abrams to join (fbos) (Entered: 10/16/2002)

RECAP
21 Sept. 24, 2002

ANSWER to Complaint by defendant FMC of Greenville (Attorney W. Andrew Arnold ) (jtho) (Entered: 09/24/2002)

RECAP
22 Oct. 7, 2002

MOTION with exhibits A and B by plaintiff EEOC to amend [1-1] complaint, for issuance of an amended summons (jtho) Modified on 10/07/2002 (Entered: 10/07/2002)

RECAP
23 Oct. 10, 2002

ORDER granting [22-1] motion to amend [1-1] complaint, granting [22-2] motion for issuance of an amended summons ( signed by Magistrate Judge William M. Catoe ) eod 10/10/02, svd. (jtho) (Entered: 10/10/2002)

RECAP
25 Oct. 17, 2002

AMENDED COMPLAINT by plaintiff EEOC, (Answer due 10/28/02 for FMC of Atlanta LLC, for FMC of Greenville, for Freeman Mechanical ) amending [1-1] complaint - adding party FMC of Atlanta LLC, terminating party FMC LLC; jury demand (jtho) (Entered: 10/17/2002)

RECAP
26 Oct. 17, 2002

SUMMONS issued for defendant FMC of Atlanta LLC (jtho) (Entered: 10/17/2002)

RECAP
Oct. 17, 2002

AMENDED COMPLAINT by plaintiff EEOC , (Answer due 10/28/02 for FMC of Greenville, for Freeman Mechanical ) amending [1-1] complaint against defendant FMC of Atlanta LLC; jury demand (jtho) (Entered: 10/17/2002)

PACER
Oct. 17, 2002

AMENDED COMPLAINT by plaintiff EEOC, (Answer due 10/28/02 for FMC of Greenville, for Freeman Mechanical ) amending [1-1] complaint against defendant FMC of Atlanta LLC; jury demand (jtho)

27 Oct. 23, 2002

MOTION by defendant FMC of Greenville to dismiss, or in the alternative to strike all demands and prayers for relief seeking punitive damages, injunctive relief, and all other relief not necessary to make Don Abrans whole from the Second Amended Complaint (jtho) (Entered: 10/24/2002)

RECAP
28 Oct. 23, 2002

MEMORANDUM by defendant FMC of Greenville in support of [27-1] motion to dismiss, [27-2] motion to strike all demands and prayers for relief seeking punitive damages, injunctive relief, and all other relief not necessary to make Don Abrans whole from the Second Amended Complaint (jtho) (Entered: 10/24/2002)

RECAP
29 Oct. 25, 2002

ORDER granting [24-1] motion to join Don Abrams to join this action as a party plaintiff ( signed by Magistrate Judge William M. Catoe ) eod 10/25/02, svd. (jtho) (Entered: 10/25/2002)

RECAP
30 Nov. 7, 2002

RESPONSE by plaintiff EEOC to [27-1] motion to dismiss, [27-2] motion to strike all demands and prayers for relief seeking punitive damages, injunctive relief, and all other relief not necessary to make Don Abrans whole from the Second Amended Complaint (jtho) (Entered: 11/08/2002)

RECAP
31 Nov. 20, 2002

NOTICE of Hearing before Magistrate Judge William M. Catoe set Motion Hearing to 11:00 12/11/02 for [27-1] motion to dismiss (jtho) (Entered: 11/20/2002)

RECAP
32 Nov. 20, 2002

NOTICE of Hearing before Magistrate Judge William M. Catoe reset Motion Hearing to 10:00 12/11/02 for [27-1] motion to dismiss (jtho) (Entered: 11/20/2002)

RECAP
33 Nov. 25, 2002

AFFIDAVIT OF SERVICE of summons and complaint executed as to defendant FMC of Atlanta LLC 11/15/02 Assignment Interrogatories due on 12/16/02 for FMC of Atlanta LLC ; Answer due on 12/5/02 for FMC of Atlanta LLC executed by certified mail. Acknowledgement of Receipt attached. (jtho) Modified on 11/25/2002 (Entered: 11/25/2002)

RECAP
34 Nov. 25, 2002

MOTION by plaintiff EEOC for partial summary judgment (jtho) (Entered: 11/25/2002)

RECAP
35 Nov. 25, 2002

MEMORANDUM with exhibits A-F by plaintiff EEOC in support of [34-1] motion for partial summary judgment (jtho) (Entered: 11/25/2002)

RECAP
36 Dec. 11, 2002

MOTION HEARING [34-1] motion for partial summary judgment, [27-1] motion to dismiss held ORAL ORDER [34-1] motion for partial summary judgment taken under advisement, [27-1] motion to dismiss taken under advisement (before Magistrate Judge William M. Catoe ) Court Reporter: Kirkley. (kric) (Entered: 12/11/2002)

RECAP
37 Dec. 13, 2002

REPORT AND RECOMMENDATIONS of Magistrate Judge William M. Catoe Re: [34-1] motion for partial summary judgment be denied, [27-1] motion to dismiss be denied ; Motion no longer referred Objections to R and R due by 1/3/03. eod 12/13/02, svd. (jtho) (Entered: 12/13/2002)

RECAP
38 Dec. 30, 2002

OBJECTION by plaintiff EEOC to [37-1] report and recommendations (acas) (Entered: 12/31/2002)

RECAP
39 Jan. 13, 2003

AMENDED CONFERENCE AND SCHEDULING ORDER setting Joining of parties,amending of pleadings on 10/21/02 ; Plaintiff's ID of Experts set for 4/1/03 ; Defendant's ID of Experts set for 4/14/03 ; Records Custodian Affidavit filed by 4/14/03 ; Discovery cutoff 5/16/03 ; Motion In Limine filed by 7/28/03 ; Deadline for filing of all motions 6/2/03 ; Mediation deadline for 4/3/03 Mediation Statement filed by 3/5/03 ; 26(a)3 Pretrial Disclosures filed by 7/14/03 ; Pretrial Brief filed by 7/28/03 ; Jury Selection deadline set for 8/4/03 ; ( signed by Magistrate Judge William M. Catoe )eod 1/13/03, svd. (jtho) (Entered: 01/13/2003)

RECAP
40 Feb. 3, 2003

AFFIDAVIT OF DEFAULT by plaintiff EEOC as to defendant FMC of Atlanta LLC . Party not an infant, not incompetent, nor in the military, has been served on November 25, 2002. (jtho) (Entered: 02/03/2003)

RECAP
40 Feb. 3, 2003

CLERK'S ENTRY OF DEFAULT as to defendant FMC of Atlanta LLC (jtho) (Entered: 02/03/2003)

RECAP
41 Feb. 19, 2003

TRANSCRIPT OF MOTIONS HEARING filed for dates of December 11, 2002 before Magistrate Judge William M. Catoe held in Greenville, SC Court Reporter: Geri Kirkley (jtho) (Entered: 02/19/2003)

RECAP
42 March 5, 2003

ORDER approving Consent Decree of settlement. Parties shall bear their own attorney's fees and costs. ( signed by Judge Terry L. Wooten ) eod 3/6/03, svd. (acas) (Entered: 03/06/2003)

RECAP
March 5, 2003

Case closed (acas) (Entered: 03/06/2003)

PACER
March 5, 2003

Case closed (acas)

Case Details

State / Territory:

South Carolina

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: May 22, 2002

Closing Date: March 5, 2003

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Private 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

Freman Mechanical, Inc.

Case Details

Causes of Action:

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

Other Dockets:

District of South Carolina 6:02-cv-01783

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Discrimination Prohibition

Monitoring

Neutral/Positive Reference

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Retaliation Prohibition

Amount Defendant Pays: 10000

Order Duration: 2003 - 2005

Issues

General/Misc.:

Retaliation

Discrimination Area:

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination Basis:

Race discrimination

Affected Race(s):

Black

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit

Recommended Citation