Case: EEOC v. Macon County Greyhound Park

3:97-cv-01453 | U.S. District Court for the Middle District of Alabama

Filed Date: Oct. 1, 1997

Closed Date: Sept. 16, 1998

Clearinghouse coding complete

Case Summary

The Birmingham office of the EEOC brought this action in the U.S. District Court for the Alabama Middle District against Macon County Greyhound Park, d/b/a Victoryland. The complaint was filed in October 1997 alleging violations of Title VII for pregnancy and sex discrimination. One employee was allowed to intervene in the suit on December 1, 1997. Defendant filed for summary judgment in June 1998 but in August 1998 the parties entered a consent decree and the motion was denied as moot.

The parties entered into a consent decree on August 31, 1998. The Defendant was required to pay the charging party an agreed upon amount, sponsor one day of sex discrimination training for its managers and supervisors, post a notice of non-discrimination at its facility, not retaliate against plaintiff or anyone involved in the suit, and provide the charging party with a neutral employment reference.

Summary Authors

Jennifer Solomon (6/28/2007)

Documents in the Clearinghouse

Document

3:97-cv-01453

Docket [PACER]

Sept. 16, 1998

Sept. 16, 1998

Docket
1

3:97-cv-01453

Complaint

Oct. 1, 1997

Oct. 1, 1997

Complaint
12

3:97-cv-01453

Complaint in Intervention

Jan. 5, 1998

Jan. 5, 1998

Complaint
32

3:97-cv-01453

Consent Decree

Aug. 31, 1998

Aug. 31, 1998

Settlement Agreement

Resources

Docket

Last updated Aug. 5, 2022, 3:26 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (request for permanent injunction) (dkt clerk) (Entered: 10/07/1997)

Oct. 1, 1997

Oct. 1, 1997

Clearinghouse
1

DEMAND for jury trial by EEOC (dkt clerk) (Entered: 10/07/1997)

Oct. 1, 1997

Oct. 1, 1997

Clearinghouse

File referred to Judge Thomposn (dkt clerk) (Entered: 10/07/1997)

Oct. 7, 1997

Oct. 7, 1997

2

SUMMONS issued; summons & complaint mailed by CMRRR to Macon County Greyhound Park. (cc) (Entered: 10/10/1997)

Oct. 10, 1997

Oct. 10, 1997

3

RETURN RECEIPT CARD showing service of summons & complaint on Sgt. Ronnie Bogan on 10/16/97 for Macon County . Answer due on 11/5/97 for Macon County (cc) (Entered: 10/21/1997)

Oct. 21, 1997

Oct. 21, 1997

4

ANSWER to Complaint by Macon Co. Greyhound Park (Attorney Stanley F. Gray, Fred David Gray Jr.), referred to Judge Myron H. Thompson (cc) (Entered: 11/05/1997)

Nov. 5, 1997

Nov. 5, 1997

5

ORDER setting Rule 16 Status Conference 8:15 12/1/97 in Montg., Ala. before Judge Myron H. Thompson ; directing counsel for all parties to be present ( signed by Judge Myron H. Thompson ) , copies mailed to counsel; furnished Marie & Tim. (cc) (Entered: 11/14/1997)

Nov. 14, 1997

Nov. 14, 1997

6

MOTION to Intervene as a plaintiff by Lisa Flaherty ; proposed Complaint in Intervention attached; referred to Judge Myron H. Thompson (cc) (Entered: 12/01/1997)

Dec. 1, 1997

Dec. 1, 1997

7

ORDER directing that [6-1] motion to Intervene as a plaintiff by Lisa Flaherty be set for submission on 12/30/97, with all briefs due by said date; setting Brief deadline to 12/30/97 ( signed by Judge Myron H. Thompson ) , copies mailed to counsel. (cc) (Entered: 12/03/1997)

Dec. 2, 1997

Dec. 2, 1997

8

SCHEDULING ORDER setting Pretrial Conference for 9/14/98 in Opelika, Ala. before Judge Myron H. Thompson; Motion Filing deadline on 6/16/98; Discovery cutoff 8/31/98; jury trial set for 10/26/98 in Opelika, Ala. before Judge Myron H. Thompson; set amended pleading deadline for 2/15/98; Jury selection set for 10/26/98; Mediation Notice deadline on 7/2/98 ( signed by Judge Myron H. Thompson ) , copies mailed to counsel; furnished Marie & Tim. (cc) (Entered: 12/03/1997)

Dec. 2, 1997

Dec. 2, 1997

9

RESPONSE by Macon Co Greyhnd Pk in opposition to [6-1] motion to Intervene as a plaintiff by Lisa Flaherty referred to Judge Myron H. Thompson (cc) (Entered: 12/30/1997)

Dec. 30, 1997

Dec. 30, 1997

10

MEMORANDUM by Macon Co Greyhnd Pk in support of [9-1] response in opposition by Macon Co Greyhnd Pk referred to Judge Myron H. Thompson (cc) (Entered: 12/30/1997)

Dec. 30, 1997

Dec. 30, 1997

11

ORDER granting [6-1] motion to Intervene as a plaintiff by Lisa Flaherty ( signed by Judge Myron H. Thompson ) , copies mailed to counsel. (cc) (Entered: 01/05/1998)

Jan. 5, 1998

Jan. 5, 1998

12

Intervenor's COMPLAINT by Lisa Flaherty against Macon Co Greyhnd Pk; request for injunctive relief & declaratory judgment; jury demand (cc) (Entered: 01/05/1998)

Jan. 5, 1998

Jan. 5, 1998

Clearinghouse
13

ANSWER by Macon Co Greyhnd Pk to [12-1] intervenor complaint; referred to Judge Myron H. Thompson (cc) (Entered: 01/12/1998)

Jan. 12, 1998

Jan. 12, 1998

14

MOTION by Macon Co Greyhnd Pk for Summary Judgment referred to Judge Myron H. Thompson (cc) (Entered: 06/17/1998)

June 16, 1998

June 16, 1998

15

MEMORANDUM by Macon Co Greyhnd Pk in support of [14-1] motion for Summary Judgment by Macon Co Greyhnd Pk (w/Exhibits 1-13 filed UNDER SEPARATE COVER); referred to Judge Myron H. Thompson (cc) (Entered: 06/17/1998)

June 16, 1998

June 16, 1998

16

ORDER directing that [14-1] motion for Summary Judgment by Macon Co Greyhnd Pk be set for submission on 7/15/98, with plaintiff's brief & evidentiary materials filed by that date; setting Brief deadline to 7/15/98 ( signed by Judge Myron H. Thompson ) , copies mailed to counsel. (cc) (Entered: 06/18/1998)

June 18, 1998

June 18, 1998

17

MOTION by EEOC to Extend Time to respond to defendant's motion for summary judgment ; referred to Judge Myron H. Thompson (cc) (Entered: 06/22/1998)

June 19, 1998

June 19, 1998

18

ORDER granting [17-1] motion to Extend Time to respond to defendant's motion for summary judgment; [14-1] motion for Summary Judgment by Macon Co Greyhnd Pk is reset for submission on 7/29/98; directing the plaintiff to file its brief and evidentiary materials by that date; resetting Brief deadline to 7/29/98 ( signed by Judge Myron H. Thompson ) , copies mailed to counsel. (cc) (Entered: 06/25/1998)

June 25, 1998

June 25, 1998

19

MOTION by EEOC to Strike affidavit of Scott Graef and for a continuance in order to take the deposition of Scott Graef w/Exhibits A-B attached; referred to Judge Myron H. Thompson (cc) (Entered: 07/09/1998)

July 9, 1998

July 9, 1998

20

RESPONSE by Macon Co Greyhnd Pk to [19-1] motion to Strike affidavit of Scott Graef by EEOC, [19-2] motion a continuance in order to take the deposition of Scott Graef by EEOC referred to Judge Myron H. Thompson (cc) (Entered: 07/10/1998)

July 10, 1998

July 10, 1998

Tele-conference held before Judge Myron H. Thompson (cc) (Entered: 07/15/1998)

July 15, 1998

July 15, 1998

22

ORDER granting [19-1] motion to Strike and [19-2] motion for continuance to the extent that the parties are to arrange for the depositions of plaintiff Lisa Flaherty and witness Scott Graef on July 16 and 17, 1998; denying said motions in all other respects ( signed by Judge Myron H. Thompson ) , copies mailed to counsel. (cc) (Entered: 07/15/1998)

July 15, 1998

July 15, 1998

23

ORDER setting Mediation Scheduling Conference for 8:30 7/23/98 by conference call to be arranged by counsel for the plaintiff ( signed by Mag. Judge John L. Carroll ) , copies mailed to counsel; furnished Marie & Stan. (cc) (Entered: 07/17/1998)

July 17, 1998

July 17, 1998

24

MEMORANDUM by EEOC in response to [14-1] motion for Summary Judgment by Macon Co Greyhnd Pk (w/Exhibits A-P filed under SEPARATE COVER); referred to Judge Myron H. Thompson (cc) (Entered: 07/30/1998)

July 29, 1998

July 29, 1998

25

ORDER setting Mediation Conference on 8/18/98 at 2:00 p.m., in the Chambers of United States Magistrate Judge John L. Carroll, Room 312, The Frank M. Johnson, Jr. Federal Building and United States Courthouse, Montgomery, AL; the court will allow three (3) hours for the conference; ; on or before the close of business on 8/14/98, the parties shall provide the undersigned judge with a confidential mediation conference statement, as further set out; setting Mediation Notice deadline to 8/14/98 ; counsel and the parties or a representative with authority to settle the case are directed to appear at the mediation conference ( signed by Mag. Judge John L. Carroll ); copies mailed to counsel; furnished to MT, STAN (dkt clerk) (Entered: 07/31/1998)

July 31, 1998

July 31, 1998

26

MOTION by Macon Co Greyhnd Pk to Strike Exhibits A,C,K,L,N,O & P of [24-1] opposition memorandum by EEOC ; referred to Judge Myron H. Thompson (cc) (Entered: 08/07/1998)

Aug. 7, 1998

Aug. 7, 1998

27

ORDER denying [26-1] motion to Strike Exhibits A,C,K,L,N,O & P of [24-1] opposition memorandum by EEOC; parties are to submit by no later 8/21/98, briefs on whether the evidence at issue is admissible; setting Brief deadline to 8/21/98 ; as further set out ( signed by Judge Myron H. Thompson ); copies mailed to counsel (dkt clerk) (Entered: 08/11/1998)

Aug. 11, 1998

Aug. 11, 1998

28

ORDER setting Rule 16 Scheduling Order Deadlines: Pretrial Conference for 9:15 a.m., 9/14/98, in Chambers at the Federal Courthouse in Opelika, AL before Judge Myron H. Thompson; Jointly Proposed Pretrial Order due 9/12/98, as further set out; Jury Trial and selection set for 10/26/98, in Opelika, AL, before Judge Myron H. Thompson; as further set out ( signed by Judge Myron H. Thompson ); copies mailed to counsel; furnished to MT, TW, CAC (dkt clerk) (Entered: 08/11/1998)

Aug. 11, 1998

Aug. 11, 1998

29

REPLY BRIEF by Macon Co Greyhnd Pk to [24-1] response to motion for summary judgment by EEOC (w/Exhibits 1-2 attached); referred to Judge Myron H. Thompson (cc) (Entered: 08/12/1998)

Aug. 11, 1998

Aug. 11, 1998

30

ORDER advising that the parties have announced that they have reached a settlement; setting Motion Filing deadline to 8/31/98 for the parties to file a joint motion to dismiss or other appropriate pleadings ( signed by Mag. Judge John L. Carroll ) , copies mailed to counsel. (cc) (Entered: 08/19/1998)

Aug. 19, 1998

Aug. 19, 1998

31

ORDER continuing generally the pretrial and trial; denying as moot [14-1] motion for Summary Judgment; terminated deadlines ( signed by Judge Myron H. Thompson ) , copies mailed to counsel; furnished Marie, Tim & Cindy. (cc) (Entered: 08/21/1998)

Aug. 21, 1998

Aug. 21, 1998

32

CONSENT DECREE with speccific provisions as follows: This court has full jurisdiction to decide this controversy as to the EEOC and Victoryland. This decree will be in effect for 14 months to allow the parties to complete the terms of the decree; Victoryland will pay Lisa Flaherty the amount agreed to in the Release of Claims upon execution of the Release by Lisa Flaherty, as monetary settlement of this lawsuit & EEOC Charge #130-93-0303; Victoryland will sponsor one day of training on sex discrimination for management & superviors at its Shorter, Alabama facility within 14 months of the date of this order; Victoryland will immediately post the Notice of Non-discrimination attached as Exhibit A in a prominent and conspicuous place, visable to all employees at said facility; Victoryland shall not retaliate in any manner against Lisa Flaherty or any person who participated in this lawsuit or investigation; the defendant shall provide Lisa Flaherty with a reference for any future employers requesting a reference by sending a letter as outlined in Exhibit B; each party shall bear it own costs and attorney fees; if the terms of this decree are violated or breached, the parties shall have the right to petition the court for further orders, adjudication and relief in this matter ( signed by Judge Myron H. Thompson ) , copies mailed to counsel. (cc) (Entered: 08/31/1998)

Aug. 31, 1998

Aug. 31, 1998

Clearinghouse

Case closed (cc) (Entered: 09/02/1998)

Aug. 31, 1998

Aug. 31, 1998

Case reopened (dkt clerk) (Entered: 09/16/1998)

Aug. 31, 1998

Aug. 31, 1998

33

JOINT STIPULATION of dismissal; referred to Judge Thompson (cc) (Entered: 09/02/1998)

Sept. 1, 1998

Sept. 1, 1998

34

ORDER that this cause is dismissed with prejudice as to said parties, with the parties to bear their own expenses, costs, and attorney's fees; terminating [33-1] dismiss/dismissal stipulation; as further set out ( signed by Judge Myron H. Thompson ); copies mailed to counsel (dkt clerk) (Entered: 09/16/1998)

Sept. 16, 1998

Sept. 16, 1998

Case closed (dkt clerk) (Entered: 09/16/1998)

Sept. 16, 1998

Sept. 16, 1998

Case Details

State / Territory: Alabama

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 1, 1997

Closing Date: Sept. 16, 1998

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

Macon County Greyhound Park, Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

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

Order Duration: 1998 - 1999

Content of Injunction:

Neutral/Positive Reference

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Discrimination-basis:

Pregnancy discrimination

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit