Case: EEOC v. Sappington Garden Shop Company

4:06-cv-00815 | U.S. District Court for the Eastern District of Missouri

Filed Date: May 26, 2006

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On May 26, 2006, the Equal Employment Opportunity Commission (EEOC) filed suit in U.S. District Court for the Eastern Division of the Eastern District of Missouri against Sappington Garden Shop Company on behalf of a female employee. The EEOC alleged Sappington Garden violated Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et. seq.) by failing to correct and prevent the sexual harassment of the employee and by firing the employee in retaliation for opposing the sexual harassment. Th…

On May 26, 2006, the Equal Employment Opportunity Commission (EEOC) filed suit in U.S. District Court for the Eastern Division of the Eastern District of Missouri against Sappington Garden Shop Company on behalf of a female employee. The EEOC alleged Sappington Garden violated Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et. seq.) by failing to correct and prevent the sexual harassment of the employee and by firing the employee in retaliation for opposing the sexual harassment. The EEOC sought its costs and monetary and injunctive relief for the employee, including policy and practice reform, back pay, compensation for emotional harm, and back pay.

The employee, represented by private counsel, was permitted to intervene in the lawsuit on August 14, 2006. The employee's claims substantially mirrored the EEOC's. The employee amended her complaint on November 9, 2006, to add N.G. Heimos Greenhouse Company, Inc. on an integrated enterprise theory, which would treat the two corporations as the same employer.

The parties participated in an alternative dispute resolution process on December 13, 2006 and reached a settlement agreement. Because of the settlement, the employee voluntarily dismissed her claims against both companies with prejudice, which the Court (Judge Charles A. Shaw) approved on January 22, 2007. The terms of the agreement(s) between the employee and the two defendants are private and unknown. The EEOC, which did not bring any claims against Heimos Greenhouse, had its agreement with Sappington Garden entered by the Court as a consent decree on January 29, 2007.

The EEOC's settlement was with a two-year consent decree that included both monetary and injunctive provisions. Under the decree, the employee was paid $75,000, inclusive of attorneys' fees, while Sappington Garden agreed to train all its employees on the issue of sexual harassment, to provide all employees with its sexual harassment policy, to post an equal employment notice, and to keep records of all complaints of possible sexual harassment it received during the ensuing three years. The decree also required Sappington Garden to notify the EEOC of sexual harassment complaints it received during the decree term. The EEOC and Sappington Garden bore their own costs. No further court activity appears on the docket and the case is now closed.

Summary Authors

Kenneth Gray (7/23/2013)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5506971/parties/equal-employment-opportunity-commission-v-sappington-garden-shop-company/


Judge(s)

Shaw, Charles Alexander (Missouri)

Attorneys(s) for Plaintiff

Cooper, Ronald S. (District of Columbia)

Johnson, Robert G. (Missouri)

Kennedy, Melvin D (Missouri)

Lee, James L. (District of Columbia)

Reams, Gwendolyn Young (District of Columbia)

Seely, Barbara A. (Missouri)

Shelly, Jan (Missouri)

Attorneys(s) for Defendant

Bass, James D (Missouri)

Hoefer, Craig J (Missouri)

Judge(s)

Shaw, Charles Alexander (Missouri)

Attorneys(s) for Plaintiff

Cooper, Ronald S. (District of Columbia)

Johnson, Robert G. (Missouri)

Kennedy, Melvin D (Missouri)

Lee, James L. (District of Columbia)

Reams, Gwendolyn Young (District of Columbia)

Seely, Barbara A. (Missouri)

Shelly, Jan (Missouri)

Attorneys(s) for Defendant

Bass, James D (Missouri)

Hoefer, Craig J (Missouri)

Horner, Chad A (Missouri)

Zellweger, Nicole S (Missouri)

Other Attorney(s)

Watters, Russell F (Missouri)

Documents in the Clearinghouse

Document

4:06-cv-00815

Docket [PACER]

Jan. 29, 2007

Jan. 29, 2007

Docket
1-1

4:06-cv-00815

Complaint

May 23, 2006

May 23, 2006

Complaint
10

4:06-cv-00815

Complaint [in Intervention]

Aug. 25, 2006

Aug. 25, 2006

Complaint
18-1

4:06-cv-00815

Amended Complaint of Intervenor Plaintiff Kapic

Nov. 9, 2006

Nov. 9, 2006

Complaint
31

4:06-cv-00815

Stipulation for Dismissal with Prejudice [Intervenor Plaintiff]

Jan. 22, 2007

Jan. 22, 2007

Order/Opinion
33-1

4:06-cv-00815

Consent Decree

Jan. 29, 2007

Jan. 29, 2007

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5506971/equal-employment-opportunity-commission-v-sappington-garden-shop-company/

Last updated Aug. 1, 2022, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Defendant Sappington Garden Shop Company with Jury Demand filed by Plaintiff Equal Employment Opportunity Commission. Waivers issued 1, Disclosure of Corporate Interest issued to Sappington Garden Shop Company. (Attachments: # 1 Civil Cover Sheet # 2 Original Filing Form)(CDD, ) (Entered: 05/25/2006)

May 23, 2006

May 23, 2006

WAIVER of Service issued for Defendant Sappington Garden Shop Company. (CDD, ) (Entered: 05/25/2006)

May 23, 2006

May 23, 2006

2

ENTRY of Appearance by Chad A. Horner for Defendant Sappington Garden Shop Company. (Horner, Chad) (Entered: 06/05/2006)

June 5, 2006

June 5, 2006

3

ANSWER to Complaint by Sappington Garden Shop Company.(Horner, Chad) (Entered: 07/24/2006)

July 24, 2006

July 24, 2006

4

RULE 16 ORDER This case is assigned to Track: PTRACK 2 Joint Scheduling Plan due by 8/17/2006. Rule 16 Conference set for 9/1/2006 09:35 AM in Courtroom 12N before Honorable Charles A. Shaw.. Signed by Judge Charles A. Shaw on 7/26/06. (LGK, ) (Entered: 07/26/2006)

July 26, 2006

July 26, 2006

5

ENTRY of Appearance by Craig J. Hoefer for Defendant Sappington Garden Shop Company. (Hoefer, Craig) (Entered: 07/26/2006)

July 26, 2006

July 26, 2006

6

DISCLOSURE OF CORPORATION INTERESTS CERTIFICATE by Defendant Sappington Garden Shop CompanyParent companies: None, Subsidiaries: None, Publicly held company: None,. (Horner, Chad) (Entered: 07/26/2006)

July 26, 2006

July 26, 2006

7

MOTION to Intervene filed by Sabrina Kapic. (Watters, Russell) Modified on 8/15/2006 (KXS, ). (Entered: 08/14/2006)

Aug. 14, 2006

Aug. 14, 2006

9

JOINT SCHEDULING PLAN by Intervenor Plaintiff Sabrina Kapic, Plaintiff Equal Employment Opportunity Commission, Defendant Sappington Garden Shop Company. (With Plaintiffs' Consent) . (Hoefer, Craig) (Entered: 08/17/2006)

Aug. 17, 2006

Aug. 17, 2006

10

Intervenor COMPLAINT JuryDemand,, filed by Sabrina Kapic.(Watters, Russell) (Entered: 08/25/2006)

Aug. 25, 2006

Aug. 25, 2006

11

CASE MANAGEMENT ORDER This case is assigned to Track: 2 Motion to Join Parties due by 12/1/2006. Discovery Completion due by 5/1/2007. ADR Future Reference 11/1/2006. Dispositive Motions due by 6/4/2007. Jury Trial set for 11/13/2007 09:00 AM in Courtroom 12N before Honorable Charles A. Shaw. Pretrial Conference set for 11/9/2007 02:00 PM in Courtroom 12N before Honorable Charles A. Shaw. Pretrial Compliance due by 10/24/2007. Signed by Judge Charles A. Shaw on 9/1/06. (KXS, ) (Entered: 09/01/2006)

Sept. 1, 2006

Sept. 1, 2006

12

Minute Entry for proceedings held before Judge Charles A. Shaw : Rule 16 Conference held on 9/1/2006. (Court Reporter or FTR Gold Operator initials:none.) (FTR Gold yes or no: no.) (proceedings started: 9:40.) (proceedings ended: 9:43.) (JWJ, ) (Entered: 09/07/2006)

Sept. 1, 2006

Sept. 1, 2006

13

ANSWER to Intervenor Complaint (with Affirmative Defenses) by Sappington Garden Shop Company.(Horner, Chad) (Entered: 09/08/2006)

Sept. 8, 2006

Sept. 8, 2006

14

ENTRY of Appearance by Melvin D. Kennedy for Plaintiff Equal Employment Opportunity Commission. (Kennedy, Melvin) (Entered: 10/02/2006)

Oct. 2, 2006

Oct. 2, 2006

15

ORDER REFERRING CASE to Alternative Dispute Resolution. This case is referred to: Mediation Designation of Lead Counsel: Barbara Seely ADR Completion Deadline due by 1/2/2007. Designation of Neutral due by 11/11/2006. ADR Conference Schedule due by 11/11/2006. Signed by Judge Charles A. Shaw on 11/1/06. (KXS, ) (Entered: 11/01/2006)

Nov. 1, 2006

Nov. 1, 2006

16

MOTION for Leave to File Amended Complaint by Intervenor Plaintiff Sabrina Kapic. (Attachments: # 1 Exhibit 1# 2 Attachment)(Watters, Russell) (Entered: 11/06/2006)

Nov. 6, 2006

Nov. 6, 2006

Docket Text ORDER re: Doc. 16, MOTION for Leave to File Amended Complaint by Intervenor Plaintiff Sabrina Kapic; ORDERED GRANTED. Intervenor plaintiff shall file her Amended Complaint, without any exhibit stickers and including the complete case number, by November 15, 2006. Signed by Judge Charles A. Shaw on November 9, 2006. (SMH) (Entered: 11/09/2006)

Nov. 9, 2006

Nov. 9, 2006

18

AMENDED COMPLAINT against defendant N.G. Heimos Greenhouse Company, Inc. Yes Summons(es) issued, Jury demand, , filed by Sabrina Kapic. (Attachments: # 1 Attachment)(Watters, Russell) (Entered: 11/09/2006)

Nov. 9, 2006

Nov. 9, 2006

***REMARK - The summons submitted as an attachment with plaintiff's Amended Complaint filed 11/9/2006 cannot be issued due to errors. Attorney notified of the errors and instructed to refile the summons appropriately. (MRC, ) (Entered: 11/13/2006)

Nov. 13, 2006

Nov. 13, 2006

19

MEMORANDUM to Clerk by Intervenor Plaintiff Sabrina Kapic. (Attachments: # 1 Attachment)(Watters, Russell) (Entered: 11/13/2006)

Nov. 13, 2006

Nov. 13, 2006

20

NOTICE of Appointment of Neutral Neutral name: James Nowogrocki. Neutral selected by parties, notice of appointment and order of referral e-mailed to Neutral Nowogrocki.(SAC, ) (Entered: 11/14/2006)

Nov. 14, 2006

Nov. 14, 2006

SUMMONS Issued as to defendant N.G. Heimos Greenhouse Company, Inc. (MRC, ) (Entered: 11/14/2006)

Nov. 14, 2006

Nov. 14, 2006

***REMARK - Summons submitted by plaintiff on 11/13/2006[Doc. #19], signed and sealed and returned to plaintiff via mail. Plaintiff contacted and instructed to file " Notice of Private Process Server".(MRC, ) Modified on 11/14/2006 (MRC, ). (Entered: 11/14/2006)

Nov. 14, 2006

Nov. 14, 2006

21

NOTICE OF PRIVATE PROCESS SERVER by Intervenor Plaintiff Sabrina Kapic Process Server Dennis Dahlberg, (Watters, Russell) (Entered: 11/14/2006)

Nov. 14, 2006

Nov. 14, 2006

22

SUMMONS Returned Executed filed by Sabrina Kapic. N.G. Heimos Greenhouse Company, Inc. served on 11/27/2006, answer due 12/18/2006. (Watters, Russell) (Entered: 11/29/2006)

Nov. 29, 2006

Nov. 29, 2006

23

ENTRY of Appearance by Nicole S. Zellweger for Defendant N.G. Heimos Greenhouse Company, Inc.. (Zellweger, Nicole) (Entered: 12/07/2006)

Dec. 7, 2006

Dec. 7, 2006

24

ENTRY of Appearance by James D. Bass for Defendant N.G. Heimos Greenhouse Company, Inc.. (Bass, James) (Entered: 12/07/2006)

Dec. 7, 2006

Dec. 7, 2006

25

Consent MOTION for Extension of Time to File Answer re 18 Amended Complaint by Defendant N.G. Heimos Greenhouse Company, Inc.. (Zellweger, Nicole) (Entered: 12/15/2006)

Dec. 15, 2006

Dec. 15, 2006

26

Designation of Neutral by parties and ADR Conference Report by Intervenor Plaintiff Sabrina Kapic, Plaintiff Equal Employment Opportunity Commission, Defendants N.G. Heimos Greenhouse Company, Inc., Sappington Garden Shop Company Neutral: James G. Nowogrocki Date of Conference: 12/13/06 time: 10:30 am Location: 120 S. Central Ave., St. Louis, MO(Nowogrocki, James) Modified on 12/18/2006 (MRC, ). [This document has been entered into the record incorrectly. This document is "Alternative Dispute Resolution Compliance Report" submitted by the neutral. ] (Entered: 12/15/2006)

Dec. 15, 2006

Dec. 15, 2006

27

ORDER IT IS HEREBY ORDERED that the November 13, 2007, trial setting is vacated and allpending motions are denied without prejudice.IT IS FURTHER ORDERED that counsel shall file, within thirty (30) days of the date ofthis order, a stipulation for dismissal, a motion for leave to voluntarily dismiss, or a proposed consentjudgment. Failure to comply timely with this order will result in the dismissal of this actionwith prejudice. Signed by Judge Charles A. Shaw on 12/19/06. (KXS, ) (Entered: 12/19/2006)

Dec. 19, 2006

Dec. 19, 2006

28

ADR COMPLIANCE REPORT by Neutral: James Nowogrocki. Date of Conference: December 13, 2006. The parties participated in good faith, and the parties DID achieve a settlement.(SAC, ) (Entered: 12/21/2006)

Dec. 21, 2006

Dec. 21, 2006

29

STIPULATION re 18 Amended Complaint, 1 Complaint, For Dismissal With Prejudice by Intervenor Plaintiff Sabrina Kapic, Plaintiff Equal Employment Opportunity Commission, Defendants N.G. Heimos Greenhouse Company, Inc., Sappington Garden Shop Company. (Hoefer, Craig) (Entered: 01/18/2007)

Jan. 18, 2007

Jan. 18, 2007

30

MOTION for Extension of Time to File Proposed Consent Decree ;Extension to file the following: Propsed Consent Decree ;Proposed extension date January 26, 2007 by Plaintiff Equal Employment Opportunity Commission. (Kennedy, Melvin) (Entered: 01/18/2007)

Jan. 18, 2007

Jan. 18, 2007

Docket Text ORDER re: Doc. 30, MOTION for Extension of Time to File Proposed Consent Decree by Plaintiff Equal Employment Opportunity Commission; ORDERED GRANTED. The Consent Decree shall be filed by January 26, 2007. Signed by Judge Charles A. Shaw on January 22, 2007. (SMH) (Entered: 01/22/2007)

Jan. 22, 2007

Jan. 22, 2007

31

ORDER OF PARTIAL DISMISSAL Party Sabrina Kapic and N.G. Heimos Greenhouse Company, Inc. terminated with prejudice. SO ORDERED. Signed by Judge Charles A. Shaw on 1/22/07. (KXS, ) (Entered: 01/22/2007)

Jan. 22, 2007

Jan. 22, 2007

32

NOTICE by Plaintiff Equal Employment Opportunity Commission Submission of Proposed Consent Decree for Approval: (Attachments: # 1)(Kennedy, Melvin) (Entered: 01/26/2007)

Jan. 26, 2007

Jan. 26, 2007

33

CONSENT DECREE (see order for further details). Case terminated. Signed by Judge Charles A. Shaw on 1/29/07. (Attachments: # 1 Exhibits)(KXS, ) (Entered: 01/30/2007)

Jan. 29, 2007

Jan. 29, 2007

8

MEMORANDUM AND ORDER -...IT IS HEREBY ORDERED that movant Sabrina Kapic's motion to intervene is GRANTED and she is joined as a party plaintiff. IT IS FURTHER ORDERED that the Clerk of the Court shall amend the caption of this case to read as fo llows" Equal Employment Opportunity Commission, plaintiff and Sabrina Kapic, intervenor plaintiff v. Sappington Garden Shop Company, defendant. No. 4:06-CV-815 CAS. The parties shall use this caption on all future pleadings. IT IS FURTHER ORDERED that plaintiff shall file her complaint by August 28, 2006 re: 7 MOTION to Intervene filed by Sabrina Kapic, . Signed by Judge Charles A. Shaw on 8/17/2006. (MRC, )

Aug. 17, 2006

Aug. 17, 2006

RECAP

Case Details

State / Territory: Missouri

Case Type(s):

Equal Employment

Special Collection(s):

IWPR/Wage Project Consent Decree Study

Multi-LexSum (in sample)

Key Dates

Filing Date: May 26, 2006

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of a female employee

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

Sappington Garden Shop Company, Private Entity/Person

N.G. Heimos Greenhouse Company, Inc., Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Private Settlement Agreement

Voluntary Dismissal

Amount Defendant Pays: $75,000

Order Duration: 2007 - 2009

Content of Injunction:

Discrimination Prohibition

Monitoring

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Recordkeeping

Reporting

Retaliation Prohibition

Issues

General:

Disparate Treatment

Retaliation

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