Case: EEOC v. FURNITURE DISTRIBUTORS INC.

5:02-cv-00101 | U.S. District Court for the Western District of North Carolina

Filed Date: Aug. 30, 2002

Closed Date: Oct. 20, 2003

Clearinghouse coding complete

Case Summary

The Charlotte Office of the EEOC filed this action in the U.S. District Court for the Western District of North Carolina. The Defendants were Furniture Distributors, Inc., Kimbrell's of Statesville, NC, and Kimbrell's, Inc, all associated as a furniture store. The controversy involved the alleged sexual harassment and constructive discharge of an employee in violation of Title VII of the Civil Rights Act of 1964. The lawsuit was filed in August of 2002 and was eventually resolved by consent decree in October of 2003. The complainant, who intervened in the case, was awarded $25,000 and a guarantee of neutral references. In addition, the company had to provide an annual training seminar, post a Notice, and provide detailed annual reports to the EEOC. The decree was to last for three years.

Summary Authors

Kevin Wilemon (7/22/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4304857/parties/eeoc-v-furniture-dist-inc/


Attorneys(s) for Plaintiff

Angel, Kirk J. (North Carolina)

Reams, Gwendolyn Young (District of Columbia)

Weinstein, Mindy (North Carolina)

Attorneys(s) for Plaintiff

Angel, Kirk J. (North Carolina)

Reams, Gwendolyn Young (District of Columbia)

Weinstein, Mindy (North Carolina)

Documents in the Clearinghouse

Document

Docket

EEOC v. Furniture Distributors Inc, et al

Nov. 14, 2003 Docket
1

Complaint

EEOC v. Furniture Distributors Inc, et al

Aug. 30, 2002 Complaint
10

Complaint in Intervention

EEOC v. Furniture Distributors Inc, et al

April 4, 2003 Complaint
18

Consent Decree

EEOC v. Furniture Distributors Inc, et al

Oct. 20, 2003 Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4304857/eeoc-v-furniture-dist-inc/

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

ECF Number Description Date Link
1

COMPLAINT Filing Fee - Waived (cbb) Modified on 09/05/2002 (Entered: 09/05/2002)

Aug. 30, 2002 RECAP
2

CONSENT/REFUSAL to Magistrate Jurisdiction by EEOC - Consent (cbb) (Entered: 09/05/2002)

Aug. 30, 2002 PACER
3

WAIVER OF SERVICE Returned Executed as to Furniture Dist Inc, Kimbrell's of Stvl, Kimbrell's Inc 8/30/02 Answer due on 10/29/02 for Kimbrell's Inc, for Kimbrell's of Stvl, for Furniture Dist Inc (cbb) (Entered: 10/02/2002)

Oct. 2, 2002 PACER
4

ANSWER to Complaint by Furniture Dist Inc, Kimbrell's of Stvl, Kimbrell's Inc; w/cs (cbb) (Entered: 10/30/2002)

Oct. 29, 2002 PACER
5

CONSENT/REFUSAL to Magistrate Jurisdiction by Furniture Dist Inc, Kimbrell's of Stvl, Kimbrell's Inc - Refusal (cbb) (Entered: 10/30/2002)

Oct. 29, 2002 PACER
6

CASE reassigned to Judge Richard L. Voorhees - notice of reassignment mailed to parties. (cbb) (Entered: 10/30/2002)

Oct. 30, 2002 PACER
7

NOTICE of Attorney Appearance for EEOC by Lynette A. Barnes (cbb) (Entered: 12/18/2002)

Dec. 17, 2002 PACER
8

MOTION to Intervene by Robin W. Drye referred to: Magistrate Judge H. B. McKnight cc: HBM (cbb) (Entered: 12/20/2002)

Dec. 20, 2002 PACER
9

ORDER granting [8-1] motion to Intervene by Robin W. Drye Clk directed to file Intv Cmp ( signed by Magistrate Judge H. B. McKnight ) [EOD DATE: 4/4/03] cc: attys of record (cbb) (Entered: 04/04/2003)

April 4, 2003 PACER
10

Intervenor's COMPLAINT by Robin W. Drye against Furniture Dist Inc, Kimbrells Stvl Inc, Kimbrells Inc; w/cs (cbb) (Entered: 04/04/2003)

April 4, 2003 PACER
11

Certificate of I.A.C. by plaintiff EEOC, defendant Furniture Dist Inc, defendant Kimbrells Stvl Inc, defendant Kimbrells Inc, movant Robin W. Drye cc: HBM (tme) (Entered: 04/15/2003)

April 15, 2003 PACER
12

INITIAL PRETRIAL ORDER Discovery deadline is 10/31/03 Motion filing deadline is 12/1/03 Report of Mediator due: 9/30/03 Jury Trial set for 10:00 7/6/04 before Magistrate Judge H. B. McKnight ETT: 3-4 days ( signed by Magistrate Judge H. B. McKnight ) cc: attys of record (cbb) (Entered: 04/28/2003)

April 25, 2003 PACER
13

ANSWER by Furniture Dist Inc, Kimbrells Stvl Inc, Kimbrells Inc to [10-1] intervenor complaint (tme) (Entered: 06/04/2003)

June 2, 2003 PACER
14

NOTICE by Kimbrells Stvl Inc to take deposition of Robin W. Drye on 7/22/03 @ 9:30am at law office of Parker & Howes, Statesville (tme) (Entered: 07/09/2003)

July 8, 2003 PACER
15

Substitution of Counsel terminating attorney Mindy E. Weinstein for EEOC and substituting Bobby C. Simpson (cbb) (Entered: 08/07/2003)

Aug. 7, 2003 PACER
16

NOTICE (by notice & consent) by Kimbrells Stvl Inc to take deposition of Robin W. Drye on 8/20/03 at 9 am at law offices of Parker & Howes LLP, 242 E. Broad St., Statesville, NC (cbb) (Entered: 08/15/2003)

Aug. 14, 2003 PACER
17

ORDER, Withdrawing the Reference to Mag Judge ( signed by Judge Richard L. Voorhees ) [EOD DATE: 8/29/03] cc: attys of record (cbb) (Entered: 08/29/2003)

Aug. 22, 2003 PACER
18

CONSENT DECREE by plaintiff EEOC, defendant Furniture Dist Inc, defendant Kimbrells Stvl Inc, defendant Kimbrells Inc, intervenor-plaintiff Robin W. Drye; all parties to bear their own costs cc: attys of record Judgment Vol: 57 Page: 7 (cbb) (Entered: 10/20/2003)

Oct. 20, 2003 PACER
19

CONSENT ORDER of Dismissal, Dismissing mtr w/prej ( signed by Judge Richard L. Voorhees [EOD DATE: 11/14/03] Judgment Volume: 57 Page: 28 cc: attys of record (cbb) (Entered: 11/14/2003)

Nov. 14, 2003 PACER

State / Territory: North Carolina

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Aug. 30, 2002

Closing Date: Oct. 20, 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

Kimbrell's, Inc. (Statesville, NC), Private Entity/Person

Kimbrell's of Statesville, NC (Statesville, NC), Private Entity/Person

Furniture Distributors, Inc. (Statesville, NC), Private Entity/Person

Case Details

Causes of Action:

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

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: 25000

Order Duration: 2003 - 2006

Content of Injunction:

Neutral/Positive Reference

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Monitoring

Issues

General:

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit