Case: EEOC v. Futon Factory, Inc.

1:05-cv-00628 | U.S. District Court for the Western District of Michigan

Filed Date: Sept. 16, 2005

Closed Date: Sept. 21, 2006

Clearinghouse coding complete

Case Summary

The EEOC's Detroit office filed this suit on September 16, 2005 in the United States District Court for the Western District of Michigan, Southern Division. The EEOC alleged that defendant Futon Factory, Inc. subjected the female complainant to a sexually hostile work environment which resulted in her constructive discharge. After filing, a scheduling conference was held in February of 2006. Two months later, on March 10, 2006, the defendant filed a notice of bankruptcy. Subsequently, the EEOC sought an extension of time for discovery before voluntary dismissing the case on September 21, 2006.

Summary Authors

Jason Chester (8/1/2007)

Documents in the Clearinghouse

Document

1:05-cv-00628

Docket (PACER)

Sept. 21, 2006

Sept. 21, 2006

Docket
1

1:05-cv-00628

Complaint

Sept. 16, 2005

Sept. 16, 2005

Complaint
7

1:05-cv-00628

Order to Show Cause

Dec. 6, 2005

Dec. 6, 2005

Order/Opinion
20

1:05-cv-00628

Voluntary Dismissal of EEOC Action by Stipulation

Sept. 21, 2006

Sept. 21, 2006

Settlement Agreement

Resources

Docket

Last updated Aug. 11, 2022, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with jury demand against Futon Factory, Inc. filed by Equal Employment Opportunity Commission (Attachments: # 1 Civil Cover Sheet) (rlw, ) (Entered: 09/19/2005)

Sept. 16, 2005

Sept. 16, 2005

SUMMONS ISSUED as to Futon Factory, Inc. (rlw, ) (Entered: 09/19/2005)

Sept. 16, 2005

Sept. 16, 2005

2

ATTORNEY APPEARANCE of Steven T. Fulk on behalf of defendant Futon Factory, Inc. (Attachments:, # 1 Attachment certificate of service) (rlw, ) (Entered: 10/20/2005)

Oct. 20, 2005

Oct. 20, 2005

3

MOTION for extension of time to file answer re 1 with certificate of service by defendant Futon Factory, Inc.; (Attachments:, # 1 Proposed Order) (rlw, ) (Entered: 10/20/2005)

Oct. 20, 2005

Oct. 20, 2005

4

ATTORNEY ADMISSION LETTER sent to attorney Steven T. Fulk; attorney admission deadline set for 12/19/2005 (rlw, ) (Entered: 10/20/2005)

Oct. 20, 2005

Oct. 20, 2005

5

CLERK'S LETTER to attorney Steven T. Fulk regarding e-filing requirement and paper filing 3, 2 (rlw, ) (Entered: 10/20/2005)

Oct. 20, 2005

Oct. 20, 2005

6

ORDER granting 3 motion for extension of time to answer ; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, sas) (Entered: 10/21/2005)

Oct. 21, 2005

Oct. 21, 2005

Copy of Order on Motion for Extension of Time to Answer 6 sent via U.S. Mail to Steven T. Fulk (bd, ) Modified text on 10/24/2005 (bd, ). (Entered: 10/21/2005)

Oct. 21, 2005

Oct. 21, 2005

ATTORNEY Steven T. Fulk ADMITTED to practice in the Western District of Michigan (jal, ) (Entered: 11/23/2005)

Nov. 22, 2005

Nov. 22, 2005

Copy of Order to Show Cause (Deadline)7 sent via U.S. Mail to Steven T. Fulk (bd, ) (Entered: 12/06/2005)

Dec. 6, 2005

Dec. 6, 2005

8

ORDER REJECTING paper document ; signed by Magistrate Judge Ellen S. Carmody (Attachments:, # 1 Attachment Answer and Affirmative Defenses) (rlw, ) (Entered: 12/12/2005)

Dec. 8, 2005

Dec. 8, 2005

Copy of Order Rejecting Paper Document8 with Answers and Affirmative Defenses sent via U.S. Mail to Steven T. Fulk (rlw, ) (Entered: 12/12/2005)

Dec. 12, 2005

Dec. 12, 2005

9

ANSWER to complaint; with Affirmative Defenses and Certificate of Service; by Futon Factory, Inc. (Fulk, Steven) Modified text on 1/13/2006 (bd, ). (Entered: 01/11/2006)

Jan. 11, 2006

Jan. 11, 2006

10

ORDER setting Rule 16 scheduling conference for 2/7/2006 at 09:00 AM at 401 Federal Building, Grand Rapids, MI before Magistrate Judge Ellen S. Carmody; status report due by 2/2/2006 ; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, sas) (Entered: 01/17/2006)

Jan. 17, 2006

Jan. 17, 2006

11

ATTORNEY APPEARANCE of Robert K. Dawkins on behalf of plaintiff Equal Employment Opportunity Commission (Dawkins, Robert) (Entered: 01/26/2006)

Jan. 26, 2006

Jan. 26, 2006

12

FIRST STATUS REPORT submitted for filing by plaintiff Equal Employment Opportunity Commission (Klein, Tammy) (Entered: 02/02/2006)

Feb. 2, 2006

Feb. 2, 2006

13

MINUTES of scheduling conference held before Magistrate Judge Ellen S. Carmody (Proceedings Not Recorded) (Magistrate Judge Ellen S. Carmody, cbh) (Entered: 02/07/2006)

Feb. 7, 2006

Feb. 7, 2006

14

CASE MANAGEMENT ORDER: jury trial set for 5/2007 civil trial schedule before Senior Judge Richard Alan Enslen; settlement conference set for 3/7/2007 at 02:00 PM before Magistrate Judge Ellen S. Carmody; final pretrial conference set for 4/19/2007 at 02:30 PM before Senior Judge Richard Alan Enslen; ; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, sas) (Entered: 02/08/2006)

Feb. 8, 2006

Feb. 8, 2006

15

NOTICE OF BANKRUPTCY upon the record by defendant Futon Factory, Inc. (Attachments: # 1 Exhibit A# 2 Exhibit B) (Fulk, Steven) (Entered: 04/10/2006)

April 10, 2006

April 10, 2006

16

ATTORNEY APPEARANCE of Johanna Philhower Maple on behalf of plaintiff Equal Employment Opportunity Commission; with Certificate of Service (Maple, Johanna) Modified text on 6/1/2006 (bd, ). (Entered: 05/30/2006)

May 30, 2006

May 30, 2006

17

BRIEF by plaintiff Equal Employment Opportunity Commission Response to Defendant's Report of Entry of Order for Relief (Notice of Bankruptcy Filing); with Certificate of Service; (Maple, Johanna) Modified text on 6/1/2006 (bd, ). (Entered: 05/30/2006)

May 30, 2006

May 30, 2006

18

UNOPPOSED MOTION for extension of time to complete discovery by plaintiff Equal Employment Opportunity Commission; with Certificate of Service; (Attachments: # 1 Affidavit in support of motion# 2 Proposed Order) (Maple, Johanna) Modified text on 7/10/2006 (bd, ). (Entered: 07/07/2006)

July 7, 2006

July 7, 2006

19

ORDER granting 18 plaintiff's motion for extension of time to complete discovery; all discovery proceedings shall be completed by 11/1/2006; the deadline for filing dispositive motions is also extended to 11/1/2006; further requests for extension of these deadlines will not be favored; signed by Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, cbh) (Entered: 07/19/2006)

July 19, 2006

July 19, 2006

20

STIPULATION of dismissal by plaintiff Equal Employment Opportunity Commission (Maple, Johanna) (Entered: 09/21/2006)

Sept. 21, 2006

Sept. 21, 2006

Case Details

State / Territory: Michigan

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 16, 2005

Closing Date: Sept. 21, 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of a female employee

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Futon Factory, Inc. (Grand Rapids, MI), Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Disparate Treatment

Pattern or Practice

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits