Case: EEOC v. Conagra Poultry Company

3:00-cv-02186 | U.S. District Court for the Western District of Louisiana

Filed Date: Sept. 25, 2000

Closed Date: 2002

Clearinghouse coding complete

Case Summary

In September 2000, the New Orleans District Office of the EEOC brought this suit against Conagra Poultry Company in the U.S. District Court for the Western District of Louisiana. The complaint alleged that the defendant failed to accommodate the charging party's disability after she had a leg amputated. In addition, the defendant allegedly constructively discharged the charging party by negatively affecting the terms and conditions of her employment after she requested accommodations. The charging party intervened in the suit in February 2001. After a status conference, it appears the parties agreed to settle because the Court entered a sixty day judgment of dismissal in September 2001. The parties voluntarily dismissed the case in November 2002. However, we do not have a copy of the settlement agreement; therefore, the terms of the settlement are unknown.

Summary Authors

Justin Kanter (7/26/2007)

Documents in the Clearinghouse

Document

3:00-cv-02186

Docket [PACER]

EEOC v. Conagra Poultry Co.

Nov. 20, 2002

Nov. 20, 2002

Docket
1

3:00-cv-02186

Complaint

EEOC v. Conagra

Sept. 25, 2000

Sept. 25, 2000

Complaint
11

3:00-cv-02186

Complaint of Intervention

EEOC versus Conagra Poultry Company

Feb. 28, 2001

Feb. 28, 2001

Complaint
21

3:00-cv-02186

Judgment

EEOC and Donna Ebarb versus Conagra Poultry Company et al

Nov. 20, 2002

Nov. 20, 2002

Order/Opinion

Resources

Docket

Last updated Aug. 4, 2022, 3:06 a.m.

ECF Number Description Date Link Date / Link

Amount of fee $0/USA PLAINTIFF. (Mitchell, S) (Entered: 09/26/2000)

Sept. 25, 2000

Sept. 25, 2000

CASE ASSIGNED to Magistrate Judge James D Kirk for discovery. (Prest, B) (Entered: 09/27/2000)

Sept. 25, 2000

Sept. 25, 2000

1

COMPLAINT filed w/jury demand (Prest, B) (Entered: 09/27/2000)

Sept. 25, 2000

Sept. 25, 2000

2

WAIVER of service returned executed as to Conagra Poultry Co; Request for waiver mailed on 10/4/00; Answer due on 12/3/00 for Conagra Poultry Co (Reeves, T) (Entered: 10/26/2000)

Oct. 25, 2000

Oct. 25, 2000

3

ANSWER to Complaint by Conagra Poultry Co (former employee) (Entered: 11/28/2000)

Nov. 28, 2000

Nov. 28, 2000

4

MOTION by Conagra Poultry Co for Roisin H Bell and Roger J Miller to appear pro hac vice as counsel of record for Conagra Poultry Co with Proposed Order referred to Magistrate Judge James D Kirk (former employee) (Entered: 11/28/2000)

Nov. 28, 2000

Nov. 28, 2000

5

ORDER granting [4-1] motion for Roisin H Bell and Roger J Miller to appear pro hac vice as counsel of record for Conagra Poultry Co (signed by Magistrate Judge James D Kirk) NOE by: tw (former employee) (Entered: 12/01/2000)

Dec. 1, 2000

Dec. 1, 2000

6

FIRST AMENDING ANSWER to Complaint by Conagra Poultry Co: amends [3-1] answer to correct typographical errors (former employee) (Entered: 12/07/2000)

Dec. 5, 2000

Dec. 5, 2000

Telephone Status conference held (former employee) (Entered: 02/05/2001)

Feb. 2, 2001

Feb. 2, 2001

7

MINUTE ENTRY: Telephone status conference held 01/26/01 regarding defendant's request for discovery. Plaintiff desired to await the Rule 26(f) conference before responding to the outstanding discovery. The court ordered plaintiff to answer the discovery for the reason that this court has never prohibited the discovery process from commencing prior to compliance with Rule 26. (signed by Magistrate Judge James D Kirk) NOE by: tlw/dmn (former employee) (Entered: 02/05/2001)

Feb. 2, 2001

Feb. 2, 2001

8

SCHEDULING ORDER: Jury Trial set for 9:00 10/1/01; Pretrial Conference for 11:30 9/6/01; Joining of parties, amding of pleadings on 2/23/01; Pltf's expert info/rpts due 4/24/01; Discovery due 5/24/01; Dft's expert info/rpts due 5/24/01; Pretrial order to be submitted on or before 5:00 9/4/01; Motions to Compel due 05/24/01; Deadline for filing of all motions 6/8/01; Expert depositions due 7/18/01; Conference to prepare PT order set for 8/15/01; Motions in limine due 8/22/01; Trial inst., interr, etc due 9/4/01; Objections to imp/surv evid due 9/4/01; Witness list due 4/4/01; deadlines set before Judge Robert G James (signed by Angene Carroll for Judge Robert G James) NOE by: dmn (former employee) (Entered: 02/09/2001)

Feb. 6, 2001

Feb. 6, 2001

9

MOTION w/ consent by Donna Ebarb for leave to intervene with Proposed Order and Complaint of Intervention referred to Magistrate Judge James D Kirk (former employee) (Entered: 02/26/2001)

Feb. 23, 2001

Feb. 23, 2001

11

INTERVENOR'S COMPLAINT by Donna Ebarb against Conagra Poultry Co (former employee) (Entered: 03/01/2001)

Feb. 28, 2001

Feb. 28, 2001

11

DEMAND for jury trial by Donna Ebarb (former employee) (Entered: 03/01/2001)

Feb. 28, 2001

Feb. 28, 2001

12

MINUTE ENTRY: A telephone status conference was held on 3/13/01 upon oral motion of plaintiff; Todd Newman's office was notified but could not attend for intervenor. The status conference concerned EEOC's desire to set discovery depositions and defendant Conagra's reluctance to do so until the intervention was served and intervenor could participate in the discovery as well as provide needed discovery to Conagra. The court ordered that parties await service of the intervention and, if needed, a status conference could be held at that time to discuss discovery and to consider the entry of a new scheduling order (signed by Magistrate Judge James D Kirk) NOE by: tw (former employee) (Entered: 03/16/2001)

March 16, 2001

March 16, 2001

13

ANSWER by Conagra Poultry Co to [11-1] intervenor complaint (Whidden, C) (Entered: 03/21/2001)

March 21, 2001

March 21, 2001

14

MOTION w/ incorporated brief and partial consent by E E O C to continue trial and modify scheduling order with Proposed Order referred to Judge Robert G James (former employee) (Entered: 05/02/2001)

May 2, 2001

May 2, 2001

15

ORDER denying [14-1] motion to continue trial and modify scheduling order (signed by Judge Robert G James) NOE by: cfd (Darnell, C) (Entered: 05/04/2001)

May 4, 2001

May 4, 2001

16

60 DAY JUDGMENT of dismissal (signed by Magistrate Judge James D Kirk) NOE by: tw (former employee) (Entered: 09/20/2001)

Sept. 20, 2001

Sept. 20, 2001

Case closed (former employee) (Entered: 09/20/2001)

Sept. 20, 2001

Sept. 20, 2001

RECEIVED copy of [16-1] judgment judgment addressed to Roisin H Bell at 222 S 15 th St Ste 1400 Omaha, from U S Postal Svc (Thigpen, M) (Entered: 10/10/2001)

Oct. 9, 2001

Oct. 9, 2001

17

JOINT MOTION by E E O C, Conagra Poultry Co, Donna Ebarb to dismiss this suit, each party to bear its own costs and attorney fees with Proposed Order referred to Judge Robert G James (former employee) (Entered: 10/16/2002)

Oct. 15, 2002

Oct. 15, 2002

18

MINUTE ENTRY OF RECUSAL: Judge Robert G James disqualifies himself from this matter. (signed by Judge Robert G James) Case referred to Chief Judge for reassignment. NOE by: dmn (former employee) Modified on 10/22/2002 (Entered: 10/22/2002)

Oct. 21, 2002

Oct. 21, 2002

19

LETTER by William P Crews Jr to Clerk of Court advising that this matter has been settled and informing the court that the [17-1] joint motion to dismiss this suit got lost "in circulation" and request that we notify Chief Judge Richard T Haik Sr. E-mail sent to Courtroom Deputy for Judge Haik on 10/24/02. (former employee) (Entered: 10/24/2002)

Oct. 24, 2002

Oct. 24, 2002

CASE reassigned to Judge F A Little Jr (Dean, S) (Entered: 11/01/2002)

Oct. 30, 2002

Oct. 30, 2002

MOTIONS TRANSFERRED: [17-1] motion to dismiss this suit, each party to bear its own costs and attorney fees referred to Judge F A Little Jr (Dean, S) (Entered: 11/01/2002)

Oct. 30, 2002

Oct. 30, 2002

RECEIVED copy of [18-1] order addressed to Roisin H Bell at McGrath North et al, 222 S 15th ST Ste 1400, Omaha, NE 68102 from U S Postal Svc marked: Return to sender, Attempted, Not Known, No Longer at this Address. Document remailed on 11/01/02 to Roger Miller who is with the same law firm. Roisin H Bell has the left the firm. (former employee) Modified on 11/01/2002 (Entered: 11/01/2002)

Oct. 31, 2002

Oct. 31, 2002

ATTORNEY being noticed in this matter for Conagra Poultry Co changed to Roger Miller due to Roisin H Bell has left the firm (former employee) (Entered: 11/01/2002)

Nov. 1, 2002

Nov. 1, 2002

RECEIVED copy of [20-1] order addressed to Roisin H Bell at McGrath North et al from U S Postal Svc marked: Return to sender, No longer at this address. Document remailed on 11/13/02 to Attorney Roger Miller; Attorney Bell is no longer with the firm of McGrath North et al. (former employee) (Entered: 11/13/2002)

Nov. 12, 2002

Nov. 12, 2002

21

JUDGMENT granting [17-1] motion to dismiss this suit, each party to bear its own costs and attorney fees ( signed by Judge F A Little Jr ) (Gilchrist, B) (Entered: 11/20/2002)

Nov. 20, 2002

Nov. 20, 2002

Case Details

State / Territory: Louisiana

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 25, 2000

Closing Date: 2002

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

Conagra Poultry Company, Private Entity/Person

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Issues

General:

Disparate Treatment

Discrimination-area:

Accommodation / Leave

Discharge / Constructive Discharge / Layoff

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

Discrimination-basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit