2:98-cv-02077 | U.S. District Court for the Western District of Arkansas

Filed Date: May 1, 1998

Closed Date: Oct. 27, 1998

Clearinghouse coding complete

Case Summary

In May 1998, the Memphis office of the EEOC brought this Title VII suit against Neel's Food Service, Inc. d/b/a Jerry Neel's Bar-B-Que in the U.S. District Court for the Western District of Arkansas. The case settled by entry of a consent decree in December 1998.

The consent decree required the defendant to pay the claimant $15,000, refrain from harassment, post notice, distribute its anti-harassment policy, and give the EEOC reports every six months pertaining to any complaints of sexual language or conduct by an employee of the defendant. No other information was made available pertaining to the consent decree or the nature of the suit.

Summary Authors

Kevin Wilemon (7/18/2007)

Documents in the Clearinghouse


Docket (PACER)

EEOC v. Neel's Food Service

Oct. 27, 1998 Docket


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

ECF Number Description Date Link

COMPLAINT ( 0 Summons(es) issued) (lm) (Entered: 05/01/1998)

May 1, 1998

MOTION by intervenor Traci Kathleen Chitwood to intervene as party pltf (rw) (Entered: 05/07/1998)

May 7, 1998

MEMORANDUM BRIEF by intervenor Traci Kathleen Chitwood in support of motion to intervene as party pltf [2-1] (rw) (Entered: 05/07/1998)

May 7, 1998

RETURN OF SERVICE by intervenor Traci Kathleen Chitwood of service of Motion to Intervene upon Neels's Food Svc, Inc. (sh) (Entered: 05/22/1998)

May 21, 1998

ANSWER by dft Neels Food Service [1-1] (ke) (Entered: 05/27/1998)

May 27, 1998

ORDER by Honorable H. F. Waters granting Traci Kathleen Chitwood's motion to intervene as party pltf [2-1]; Ms. Chitwood should file her complaint in intervention w/i 11 days (cc: all counsel) (ke) (Entered: 06/01/1998)

June 1, 1998

INTERVENOR'S COMPLAINT by intervenor Traci Kathleen Chitwood (ke) (Entered: 06/01/1998)

June 1, 1998

ANSWER by dft Neels Food Service to complaint in intervention filed by Traci Kathleen Chitwood [7-1] (ke) (Entered: 06/12/1998)

June 12, 1998

TRIAL NOTICE ; jury trial set for 8:30 11/30/98 (rw) (Entered: 06/26/1998)

June 26, 1998

REQUEST for Admissions by plaintiff EEOC directed to deft (rw) (Entered: 09/14/1998)

Sept. 14, 1998

REQUEST for Admissions by intervenor Traci Kathleen Chitwood directed to dft Neel's Food Service, Inc. d/b/a Jerry Neel's Bar-B-Que (ke) (Entered: 09/17/1998)

Sept. 17, 1998

AFFIDAVIT of Barry D. Neal as to atty's fee re preparation of motion to compel discovery (ke) (Entered: 09/30/1998)

Sept. 30, 1998

MOTION by pltf EEOC to compel discovery (ke) (Entered: 10/02/1998)

Oct. 2, 1998

MEMORANDUM BRIEF by pltf EEOC in support of motion to compel discovery [13-1] (ke) (Entered: 10/02/1998)

Oct. 2, 1998

NOTICE by plaintiff EEOC of taking depositions of Jerry Neel, Jake Neel, Norma Asbridge, Susan Sullivent, Kim Wilson, Debbie Vineyard on 10/13/98, & Dean Pendergrass on 10/15/98, at 9:00am, Fort Smith, AR (rw) (Entered: 10/06/1998)

Oct. 6, 1998

USM 285 FORM of deposition subpoena on William Dean Pendergrass retd exec on 10/3/98 (rw) (Entered: 10/08/1998)

Oct. 8, 1998

ORDER by Honorable H. F. Waters granting pltf's motion to compel discovery [13-1] & deft shall comply w/the directions of order by no later than the close of business on 11/6/98 (cc: all counsel) (rw) (Entered: 10/23/1998)

Oct. 23, 1998

CONSENT DECREE by Honorable H. F. Waters dismissing case that the USDC for the WD/AR, Fort Smith Division, will retain jurisdiction over decree for purposes of enforcement & dispute resolution; further neither the negotiation of or agreement to this decree is an admission or acknowledgment by Neel's that any of its employees, officers, directors, or agents have violated Title VII & decree will be binding on the parties to this lawsuit for three years after the date of its entry by the court; further Neel's, its supervisors, managers, officers, directors, agents & successors are enjoined from sexually harassing employees; further Neel's will pay Ms. Traci Chitwood and her attorney $15,000.00 and Neel's will send payment to Ms. Chitwood's atty, Barry D. Neal, w/in 10 days after the entry of decree; further the payment will be made in the form of a check made out to "Traci Chitwood and Barry D. Neal" & copy of the payment transmittal mailed at the same time to Carson L. Owen, EEOC; further Neel's will post the notice to employees for 30 days in conspicuous places upon its premises & w/in 10 days after the entry of decree Neel's will send a letter to Carson Owen, verifying that the notice has been posted; further the policy prohibiting sexual harassment will be complied with by Neel's & each employee will be required to read and sign a copy of policy, and will be given a copy of the policy; further Neel's will submit a report to Carson L. Owen, six months after the entry of decree, and every six months thereafter during the duration of this decree and each report will describe all complaints recd from employees concerning sexual language or conduct at work, including the name, home address, and home telephone number of each employee who complained, the nature of the complaint, what action, if any, was taken in response to the complaint, and if no action was taken an explanation of why no action was taken; futher EEOC, Ms. Chitwood and Neel's will each bear their own atty's fees and costs incurred in action (cc: all counsel) (rw) (Entered: 10/27/1998)

Oct. 27, 1998

State / Territory: Arkansas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: May 1, 1998

Closing Date: Oct. 27, 1998

Case Ongoing: No


Plaintiff Description:

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

Plaintiff Type(s):

EEOC Plaintiff

Private Plaintiff

Attorney Organizations:


Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought


Neel's Food Service, Inc. , Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket


Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement


Source of Relief:


Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 15000

Order Duration: 1998 - 2001

Content of Injunction:

Post/Distribute Notice of Rights / EE Law

Other requirements regarding hiring, promotion, retention

Discrimination Prohibition




Disparate Treatment


Harassment / Hostile Work Environment


Sex discrimination

Affected Gender:



Direct Suit on Merits

Private Party intervened in EEOC suit