Case: EEOC v. Occu-Health, Inc.

1:02-cv-00663 | U.S. District Court for the Southern District of Mississippi

Filed Date: March 29, 2002

Closed Date: Oct. 11, 2008

Clearinghouse coding complete

Case Summary

In March 2002, the Birmingham district office of the EEOC brought this ADEA suit against Occu-Health, Inc. in the U.S. District Court for the Southern District of Mississippi. The complaint alleged that the defendant refused to hire the claimant because of her age. After the court denied the defendants August 2002 motion for summary judgment in December 2002, the case settled by entry of a consent decree in October 2004. After the EEOC filed a motion to show cause regarding the defendant's compliance with the consent decree in May 2006, the parties filed a modified consent decree in October 2006.

The two year modified consent decree required the defendant to pay the claimant $30,000 and provide two hours of age discrimination training if its receives any prime contract to manage medical facilities by any executive agency of the U.S. No information was made available pertaining to the original consent decree.

Summary Authors

Kevin Wilemon (8/13/2007)

Documents in the Clearinghouse

Document

Docket (PACER)

Nov. 14, 2006 Docket
56

Modified Consent Decree

EEOC v. Occu-Health, Inc

Oct. 11, 2006 Settlement Agreement

Resources

Title Description External URL

Judicial Independence, Employment Discrimination Studies Funded

Ann Nicholson

This brief article describes the Clearinghouse's award of $12,000 to build its collection of employment discrimination class actions brought by private plaintiffs. Nov. 1, 2008 https://law.wustl.edu/...

Under the Radar: Visibility and the Effects of Discrimination Lawsuits in Small and Large Firms

Carly Knight, Frank Dobbin, Alexandra Kalev

Research on how discrimination lawsuits affect corporate diversity has yielded mixed results. Qualitative studies highlight the limited efficacy of lawsuits in the typical workplace, finding that lit… April 1, 2022 https://cris.tau.ac.il/...

Docket

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

ECF Number Description Date Link
1

COMPLAINT; jury demand; Notice of Assignment mailed. (trs) (Entered: 03/29/2002)

March 29, 2002

Magistrate Judge Assignment Alfred G. Nicols, Jr. (trs) (Entered: 03/29/2002)

March 29, 2002

Case assigned to Pending Track - designation of appropriate track will be made after Case Management Conference and a final track assignment. (trs) (Entered: 03/29/2002)

March 29, 2002
2

AMENDED COMPLAINT by plaintiff Equal Employment (Answer due 5/9/02 for Occu-Health, Inc. ) amending [1-1] complaint (mgb) (Entered: 04/29/2002)

April 29, 2002
3

REQUEST FOR WAIVER of Service as to Occu-Health, Inc. 6/24/02 Waiver of Service due by 7/24/02 for Occu-Health, Inc. (mgb) (Entered: 07/16/2002)

July 15, 2002
4

ANSWER to Complaint by defendant Occu-Health, Inc. (Attorney E. Howell Crosby), (mgb) (Entered: 07/30/2002)

July 29, 2002
5

MOTION by defendant Occu-Health, Inc. to Transfer Case (mgb) (Entered: 07/30/2002)

July 29, 2002
7

MOTION by defendant Occu-Health, Inc. for Michael D. Spencer to Appear Pro Hac Vice (mgb) (Entered: 07/30/2002)

July 29, 2002

Pro Hac Vice fee paid for Michael D. Spencer FILING FEE $ 25.00 RECEIPT # J049768 (mgb) (Entered: 07/30/2002)

July 29, 2002

Pro Hac Vice fee paid For G. Phillip Shuler, III FILING FEE $ 25.00 RECEIPT # J049767 (mgb) (Entered: 07/30/2002)

July 29, 2002
8

Rule 16.1(A) Initial Order; copies mailed (trs) (Entered: 07/31/2002)

July 31, 2002

Telephonic Case Management Conference set 11:00 10/17/02 location: Jackson, MS before Magistrate Judge James C. Sumner copies mailed to E. Howell Crosby, Charles E. Guerrier (trs) (Entered: 07/31/2002)

July 31, 2002
9

DISCLOSURE STATEMENT regarding corporate structure by defendant Occu-Health, Inc. . (mgb) (Entered: 08/07/2002)

Aug. 7, 2002
10

ORDER granting [5-1] motion to Transfer Case to Southern District of Mississippi ( signed by Judge Henry T. Wingate ); copies mailed. (rrl) (Entered: 08/08/2002)

Aug. 7, 2002

Intradistrict transfer to Southern Division (rrl) (Entered: 08/08/2002)

Aug. 7, 2002

Certified copy of Order Transferring Venue [10-1], docket entries and original case file forwarded to Southern District of MS. (rrl) (Entered: 08/08/2002)

Aug. 7, 2002
11

Notice of Service of Interrogatories and Request for Production of Documents by defendant Occu-Health, Inc. (mgb) (Entered: 08/12/2002)

Aug. 12, 2002

Original file, certified copy of transfer order and docket sheet received from Jackson Division (avm) (Entered: 08/13/2002)

Aug. 12, 2002

CASE ASSIGNED to Judge David C. Bramlette III (avm) (Entered: 08/13/2002)

Aug. 12, 2002

Magistrate Judge Assignment - John M. Roper (avm) (Entered: 08/13/2002)

Aug. 12, 2002

Letter to all counsel re: new case number pursuant to transfer, and Judge and Magistrate Judge assignments (cc all chambers) (avm) (Entered: 08/13/2002)

Aug. 13, 2002
12

Rule 16.1(A) Initial Order; copies mailed (avm) (Entered: 08/14/2002)

Aug. 14, 2002

Telephonic Case Management Conference set 10:00 10/29/02 before Magistrate Judge John M. Roper copies mailed to E. Howell Crosby, Charles E. Guerrier (avm) (Entered: 08/14/2002)

Aug. 14, 2002

duplicate Rule 16 order mailed Att: Gail Fantop with EEOC in Birmingham address for Charles Guerrier to replace lost original (avm) (Entered: 09/12/2002)

Sept. 12, 2002
13

Notice of Service of Disclosure by defendant Occu-Health, Inc. (avm) (Entered: 10/10/2002)

Oct. 10, 2002
14

ORDER granting [6-1] motion for G. Phillip Shuler, III to Appear Pro Hac Vice ( signed by Magistrate Judge John M. Roper ); copies mailed. (cc KA) (avm) (Entered: 10/21/2002)

Oct. 21, 2002
15

CASE MANAGEMENT ORDER Case Assigned to CJRA Track: Standard Parties do not consent to trial by a Magistrate Judge; Scheduling Deadlines: Jury Trial 7/7/03-7/25/03 (ETT: 3 days); Final Pretrial Conference for 3:30 6/26/03; Discovery cutoff 4/1/03; Joining of parties,amending of pleadings by 12/1/02; Pla. Designation of Experts by 1/3/03; Dft Designation of Experts by 2/3/03; Motion Filing deadline on 4/15/03; Settlement Conference for 1:45 2/20/03; ( signed by Magistrate Judge John M. Roper ) copies mailed. (pak) (Entered: 10/31/2002)

Oct. 31, 2002

Case assigned to Standard Track. (pak) (Entered: 10/31/2002)

Oct. 31, 2002
16

Minute Entry Order: granting [7-1] motion for Michael D. Spencer to Appear Pro Hac Vice ( signed by Magistrate Judge John M. Roper ) Copies mailed. (cc KA) (avm) (Entered: 11/13/2002)

Nov. 13, 2002
17

Notice of Service of Interrogatories and request for production by defendant Occu-Health, Inc. (spc) (Entered: 11/18/2002)

Nov. 18, 2002
18

MOTION by plaintiff Equal Employment to Withdraw [1-1] complaint (avm) (Entered: 11/18/2002)

Nov. 18, 2002

Status Conference held (avm) (Entered: 02/21/2003)

Feb. 20, 2003
19

Minute Entry Order: granting [18-1] motion to Withdraw [1-1] complaint as to Bonnie Dillard only. ( signed by Magistrate Judge John M. Roper ) Copies mailed. (avm) Modified on 02/21/2003 (Entered: 02/21/2003)

Feb. 21, 2003

MOTION ORE TENUS by plaintiff Equal Employment to Extend Time (avm) (Entered: 02/21/2003)

Feb. 21, 2003
20

Minute Entry Order: granting [0-0] oral motion to Extend Time, and Set Case Management Order Deadlines Jury Trial 1/5/04 ; Discovery Cutoff 8/1/03 ; Pla. Designation of Experts by 4/1/03 ; Dft Designation of Experts by 5/1/03 ; Motion Filing Deadline on 8/15/03 ; ( signed by Magistrate Judge John M. Roper ) Copies mailed. (avm) (Entered: 02/21/2003)

Feb. 21, 2003
21

Notice of Service of Supplemental Pre-Discovery Disclosure by plaintiff Equal Employment (avm) (Entered: 02/24/2003)

Feb. 24, 2003
22

Notice of Service of First Interrogatories and Requests for Production by plaintiff Equal Employment to Defendant (avm) (Entered: 02/24/2003)

Feb. 24, 2003
23

MOTION by plaintiff Equal Employment to Amend [15-1] case management order, and [20-1] scheduling order (avm) (Entered: 02/24/2003)

Feb. 24, 2003
24

Minute Entry Order: mooting [23-1] motion to Amend [15-1] case management order, and [20-1] scheduling order pursuant to order of 2/21/03. ( signed by Magistrate Judge John M. Roper ) Copies mailed. (avm) (Entered: 03/05/2003)

March 5, 2003
25

NOTICE of Attorney Appearance for plaintiff Equal Employment by J. Mark Graham (avm) (Entered: 07/03/2003)

July 3, 2003
26

NOTICE by defendant Occu-Health, Inc. to take deposition of Beverly Creel, 7/22/03 (avm) (Entered: 07/15/2003)

July 15, 2003
28

MOTION by plaintiff Equal Employment to Compel (avm) (Entered: 08/15/2003)

Aug. 15, 2003
29

MOTION by defendant Occu-Health, Inc. for Summary Judgment (avm) (Entered: 08/18/2003)

Aug. 18, 2003
30

RESPONSE by plaintiff Equal Employment to [29-1] motion for Summary Judgment by defendant (rlw) (Entered: 09/16/2003)

Sept. 16, 2003
31

Attachment: Commission's Evidentiary Submission in Support of Its Response by Equal Employment to [29-1] motion for Summary Judgment by defendant (rlw) (Entered: 09/16/2003)

Sept. 16, 2003

MOTION ORE TENUS by plaintiff Equal Employment to Extend Time to Respond to the Defendant's Motion for Summary Judgment (msd) (Entered: 09/19/2003)

Sept. 18, 2003
32

ORDER granting [0-0] oral motion to Extend Time to Respond to the Defendant's Motion for Summary Judgment, Response to Motion reset to 9/29/03 for [29-1] motion for Summary Judgment ( signed by Judge David C. Bramlette III ); copies mailed. (msd) (Entered: 09/19/2003)

Sept. 18, 2003

Pre-Trial Conference set for 10:00 12/10/03 (avm) (Entered: 11/25/2003)

Nov. 25, 2003
33

MEMORANDUM OPINION and ORDER denying [29-1] defendant Occu-Health's motion for Summary Judgment ( signed by Judge David C. Bramlette III ;copies mailed. ob: 2003 page: 814-820 (avm) (Entered: 12/02/2003)

Dec. 1, 2003
34

PRETRIAL ORDER filed: ETT 2-3 days. ( signed by Judge David C. Bramlette III ) (avm) (Entered: 01/06/2004)

Jan. 6, 2004
35

NOTICE of Attorney Appearance for plaintiff Equal Employment by Stephen R. Graben (jch) (Entered: 01/20/2004)

Jan. 20, 2004
36

MOTION by defendant Occu-Health, Inc. in Limine prohibiting Plaintiff from referring to certain matters and documents at the trial of this matter (rlw) (Entered: 01/21/2004)

Jan. 21, 2004
37

MEMORANDUM by defendant Occu-Health, Inc. in support of [36-1] motion in Limine prohibiting Plaintiff from referring to certain matters and documents at the trial of this matter by defendant (rlw) (Entered: 01/21/2004)

Jan. 21, 2004
38

ORDER, Dismissing This case is hereby dismissed with prejudice as to all parties. If any party fails to consummate this settlement within 30 days, any aggrieved party may reopen the case for enforcement of the settlement agreement within 10 days, and if successful, all additional attorneys' fees and costs from this date shall be awarded such aggrieved party or parties against the party failing to consummate the agreement, The Court specifically retains jurisdiction to enforce the settlement agreement. ( signed by Magistrate Judge John M. Roper ); copies mailed. (jch) (Entered: 01/29/2004)

Jan. 29, 2004

Case closed (jch) (Entered: 01/29/2004)

Jan. 29, 2004
40

Minute Entry Order: mooting [39-1] motion to Extend Time to allow parties to complete settlement process. ( signed by Magistrate Judge John M. Roper ) Copies mailed. (msd) (Entered: 08/26/2004)

Aug. 25, 2004
41

Consent Decree: This decree fully and finally resolves with prejudice, all claims, with each party to bear their own attorney's fees and costs. This Court retains jurisdiction for 2 years and 2 months for purpose of ensuring compliance ( signed by Judge David C. Bramlette III ); copies mailed. (rlw) (Entered: 10/07/2004)

Oct. 6, 2004
42

Ex-Parte MOTION for G. Philip Shuler, III, Michael D. Spencer, and E. Howell Crosby to Withdraw as Attorney by Occu-Health, Inc. (rlw) (Entered: 07/21/2005)

July 21, 2005
43

ORDER granting 42 Motion to Withdraw as Attorney. Attorney Michael D. Spencer(PHV); E. Howell Crosby and G. Phillip Shuler(PHV), III terminated. Signed by Judge David C. Bramlette III on 7/18/05. (rlw) (Entered: 07/21/2005)

July 21, 2005
44

NOTICE of Appearance by Debra Hawes Crook on behalf of Equal Employment Opportunity Commission (Crook, Debra) (Entered: 04/11/2006)

April 11, 2006
45

Ex Parte MOTION to Substitute Attorney C. Emanuel Smith for Charles E. Guerrier by Equal Employment Opportunity Commission. (Crook, Debra) (Entered: 04/12/2006)

April 12, 2006
46

First MOTION for Order to Show Cause Regarding Occu-Health's Compliance with Consent Decree by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F)(Crook, Debra) (Entered: 05/02/2006)

May 2, 2006

DOCKET ANNOTATION as to #42. Certificate of service not signed, attorney will refile signed certificate using Attachment. (Huey, Gordon) (Entered: 05/03/2006)

May 3, 2006
47

AMENDED DOCUMENT by Equal Employment Opportunity Commission. Amendment to 46 First MOTION for Order to Show Cause Regarding Occu-Health's Compliance with Consent Decree (Corrected Certificate of Service) . (Crook, Debra) (Entered: 05/03/2006)

May 3, 2006
48

NOTICE of Appearance by Lynn Patton Thompson on behalf of Occu-Health, Inc. (Thompson, Lynn) (Entered: 06/21/2006)

June 21, 2006
49

MOTION for Extension of Time to File Response/Reply as to 48 Notice of Appearance by Occu-Health, Inc.. (Thompson, Lynn) (Entered: 06/21/2006)

June 21, 2006

DOCKET ANNOTATION as to #49. Motion terminated. Attorney's office will refile this Motion, link it to document #46, and will do the exhibits as an attachment. (rlw) (Entered: 06/22/2006)

June 22, 2006
50

MOTION for Extension of Time to File Response/Reply as to 46 First MOTION for Order to Show Cause Regarding Occu-Health's Compliance with Consent Decree by Occu-Health, Inc.. (Attachments: # 1 Exhibit A-C)(Thompson, Lynn) (Entered: 06/22/2006)

June 22, 2006
52

MOTION to Substitute Attorney Charles E. Guerrier by Equal Employment Opportunity Commission. (Crook, Debra) (Entered: 06/29/2006)

June 29, 2006
53

RESPONSE to Motion re 46 First MOTION for Order to Show Cause Regarding Occu-Health's Compliance with Consent Decree and Motion for Sanctions and Specific Performance filed by Occu-Health, Inc.. (Attachments: # 1 Exhibit 1, Part A# 2 Exhibit 1, Part B# 3 Exhibit 1, Part C# 4 Exhibit 1, Part D# 5 Exhibit 2)(Thompson, Lynn) (Entered: 07/06/2006)

July 6, 2006
54

MOTION for Status Conference or Other Hearing re 46 First MOTION for Order to Show Cause Regarding Occu-Health's Compliance with Consent Decree by Occu-Health, Inc.. (Attachments: # 1 Exhibit 1, Part A# 2 Exhibit 1, Part B# 3 Exhibit 1, Part C# 4 Exhibit 1, Part D# 5 Exhibit 2)(Thompson, Lynn) (Entered: 07/06/2006)

July 6, 2006
55

First MOTION to Amend/Correct [41] Order, Consent Decree , MOTION re 46 First MOTION for Order to Show Cause Regarding Occu-Health's Compliance with Consent Decree , 47 Amended Document to First Motion for Order to Show Cause by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Modified Consent Decree)(Crook, Debra) (Entered: 09/27/2006)

Sept. 27, 2006

Set/Reset Hearings: Status Conference set for 11/7/2006 11:00 AM before Magistrate Judge John M. Roper in Natchez,Ms.Confidential status memoranda must be submitted on or prior to October 31,2006 to the Court's Gulfport,Ms office. (Nicaud, Jenny) (Entered: 10/11/2006)

Oct. 11, 2006

TEXT ORDER ONLY granting 45 Motion to Substitute Attorney. Added attorney C. Emanuel Smith for Equal Employment Opportunity Commission. Attorney Charles E. Guerrier terminated, granting 52 Motion to Substitute Attorney. Added attorney C. Emanuel Smith for Equal Employment Opportunity Commission. Attorney Charles E. Guerrier terminated. No further written order shall be issued by this Court . Signed by Judge John M. Roper on October 11,2006. (Nicaud, Jenny) (Entered: 10/11/2006)

Oct. 11, 2006
56

MODIFIED CONSENT DECREE . Signed by Judge John M. Roper on October 11, 2006. (Stokes, Porfi) (Entered: 10/11/2006)

Oct. 11, 2006

TEXT ORDER ONLY finding as moot 46 Motion for Order to Show Cause, finding as moot 54 Motion for Hearing, granting 55 Motion to Amend/Correct, finding as moot 55 Motion.Pursuant to the modifed consent decree entered on October 11,2006, the Court finds these motions are mootexcept as they relate to the allowance of the aforementioned decree. No further wrtten order shall be issued by this Court . Signed by Judge John M. Roper on November 14,2006. (Nicaud, Jenny) (Entered: 11/14/2006)

Nov. 14, 2006

State / Territory: Mississippi

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: March 29, 2002

Closing Date: Oct. 11, 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

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

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

Occu-Health, Inc. , Private Entity/Person

Case Details

Causes of Action:

Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.

Availably Documents:

Trial Court Docket

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: 30000

Order Duration: 2004 - 2006

Content of Injunction:

Provide antidiscrimination training

Issues

General:

Disparate Treatment

Discrimination-area:

Hiring

Discrimination-basis:

Age discrimination

EEOC-centric:

Direct Suit on Merits