Case: EEOC v. QUIK-CHEK, INC.

1:05-cv-00801 | U.S. District Court for the Middle District of North Carolina

Filed Date: Sept. 14, 2005

Closed Date: 2006

Clearinghouse coding complete

Case Summary

On September 14, 2005, the Equal Employment Opportunity Commission (EEOC) filed suit in the U.S. District Court for the Middle District of North Carolina against Quik-Chek, Inc. on behalf of a black employee. The EEOC alleged that Quik-Chek had violated Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et. seq.) by firing the employee in retaliation for complaining about racial discrimination and threatening litigation. The EEOC sought its costs and monetary and injunctive relief for…

On September 14, 2005, the Equal Employment Opportunity Commission (EEOC) filed suit in the U.S. District Court for the Middle District of North Carolina against Quik-Chek, Inc. on behalf of a black employee. The EEOC alleged that Quik-Chek had violated Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et. seq.) by firing the employee in retaliation for complaining about racial discrimination and threatening litigation. The EEOC sought its costs and monetary and injunctive relief for the employee, including a retaliation prohibition, implementation of equal employment policies, back pay, job search expenses, compensation for emotional harm, and punitive damages.

The parties participated in mediation on May 19, 2006 and reached a settlement. The Court (Judge James A. Beaty Jr.) entered the settlement agreement as a consent decree on June 28, 2006. The employee was paid $11,500. The five-year decree required Quik-Chek not to discriminate or retaliate and to provide the employee a neutral reference letter. Quik-Chek had ceased operating by the time of the decree, but was also subject to a variety of provisions that would kick in if it resumed any business operations. The provisions included adopting an antidiscrimination policy, reporting procedures, and investigative procedures, distributing the policy to employees, posting the policy, providing annual Title VII training to all employees, and reporting all Title VII complaints and investigations to the EEOC. The parties bore their own costs and attorneys' fees. No further court activity appears on the docket and the case is now closed.

Summary Authors

Kenneth Gray (7/23/2013)

People


Judge(s)

Beaty, James A. Jr. (North Carolina)

Eliason, Russell Allen (North Carolina)

Attorneys(s) for Plaintiff

Barnes, Lynette (North Carolina)

Lee, James L. (District of Columbia)

Mahood, Zoe G. (North Carolina)

Reams, Gwendolyn Young (District of Columbia)

Attorneys(s) for Defendant

Clarke, Brian Stephen (North Carolina)

Langley, Dena Beth (North Carolina)

Judge(s)

Beaty, James A. Jr. (North Carolina)

Eliason, Russell Allen (North Carolina)

Attorneys(s) for Plaintiff

Barnes, Lynette (North Carolina)

Lee, James L. (District of Columbia)

Mahood, Zoe G. (North Carolina)

Reams, Gwendolyn Young (District of Columbia)

Attorneys(s) for Defendant

Clarke, Brian Stephen (North Carolina)

Langley, Dena Beth (North Carolina)

Documents in the Clearinghouse

Document

Docket (PACER)

EEOC v. Quik-Check, Inc.

June 28, 2006 Docket
1

Complaint

EEOC v. Quik-Chek, Inc.

Sept. 14, 2005 Complaint
18

Consent Decree

EEOC v. Quik-Chek, Inc.

June 28, 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/...

Docket

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

ECF Number Description Date Link
1

COMPLAINT against QUIK-CHECK, INC., filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.(McClain, Abby) (Entered: 09/14/2005)

Sept. 14, 2005
2

CIVIL COVER SHEET, filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.(McClain, Abby) (Entered: 09/14/2005)

Sept. 14, 2005

Notice of Right to Consent. (McClain, Abby) (Entered: 09/14/2005)

Sept. 14, 2005
3

NOTICE of Appearance by attorney DENA BETH LANGLEY on behalf of Defendant QUIK-CHECK, INC. (LANGLEY, DENA) (Entered: 10/05/2005)

Oct. 5, 2005
4

WAIVER of Service of Summons by Defendant QUIK-CHECK, INC.. (LANGLEY, DENA) (Entered: 10/05/2005)

Oct. 5, 2005
5

NOTICE of Appearance by attorney BRIAN STEPHEN CLARKE on behalf of Defendant QUIK-CHECK, INC. (CLARKE, BRIAN) (Entered: 10/05/2005)

Oct. 5, 2005
6

ANSWER to Complaint by QUIK-CHECK, INC..(LANGLEY, DENA) (Entered: 11/23/2005)

Nov. 23, 2005
7

AMENDED DOCUMENT by QUIK-CHECK, INC.. Amended Certificate of Service . (LANGLEY, DENA) (Entered: 11/23/2005)

Nov. 23, 2005
9

Rule 26(f) Report (Joint) filed by all parties by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (MAHOOD, ZOE) (Entered: 01/09/2006)

Jan. 9, 2006

MOTIONS 9 Rule 26(f) Report (Joint) filed by all parties REFERRED to Mag/Judge Eliason. (Williamson, Wanda) (Entered: 01/10/2006)

Jan. 10, 2006
10

ORDER APPROVING JOINT RULE 26F REPORT that this case will be placed on a STANDARD Case Management Track. All discovery shall be completed by July 15, 2006. Notice of Intent to File Disp Motions are due by 7/25/2006. Mediation shall be conducted midway through discovery. Parties agree that the mediator shall be Kenneth P. Carlson, Jr. Plaintiffs Amended Pleadings and joinder of additional parties are due by 3/15/2006. Defendants Amended Pleadings and joinder of additional parties are due by 4/15/2006. Parties have agreed that appointment of a magistrate is not appropriate for this case. ETT 3-4 days w/jury demand. Discovery due by 7/15/2006 . Signed by Judge RUSSELL A. ELIASON on 1/24/06. (Simmonds, Lisa) (Entered: 01/25/2006)

Jan. 24, 2006

CASE REFERRED to Mediation. (Gammon, Cheryl) (Entered: 01/27/2006)

Jan. 24, 2006

MEDIATION SCHEDULING ORDER; Mediation due by 5/27/2006. (Gammon, Cheryl) (Entered: 01/27/2006)

Jan. 27, 2006

SELECTION OF KENNETH P. CARLSON, JR. as mediator. (Gammon, Cheryl) (Entered: 01/27/2006)

Jan. 27, 2006
11

ORDER Appointing KENNETH P. CARLSON, JR., as the mediator pursuant to LR 83.10d(a). Signed by John S. Brubaker, Clerk of Court. (Gammon, Cheryl) (Entered: 01/30/2006)

Jan. 30, 2006
12

MOTION for Extension of Time to Respond to Plaintiff's First Set of Interrogatories, First Set of Requests for Production of Documents and First Set of Requests for Admissions by QUIK-CHECK, INC.. Responses due by 3/10/2006 (CLARKE, BRIAN) (Entered: 02/15/2006)

Feb. 15, 2006

MOTIONS 12 MOTION for Extension of Time to Respond to Plaintiff's First Set of Interrogatories, First Set of Requests for Production of Documents and First Set of Requests for Admissions REFERRED to Judge Eliason. (Kemp, Donita) (Entered: 02/17/2006)

Feb. 17, 2006
13

ORDER Granting 12 Motion for Extension of Time for thirty (30) days, toand including April 12, 2006 within which Defendant may respond to Plaintiff's First Set Of Interrogatories, First Set Of Requests For Production Of Documents And First Set Of Requests For Admissions. Signed by Judge RUSSELL A. ELIASON on 2/17/06. (Welch, Kelly) (Entered: 02/17/2006)

Feb. 17, 2006
14

MOTION for Extension of Time to Respond to Defendant's First Set of Interrogatories and Requests for Production of Documents by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. Responses due by 3/16/2006 (Attachments: # 1 Text of Proposed Order)(MAHOOD, ZOE) (Entered: 02/21/2006)

Feb. 21, 2006
15

ORDER Granting 14 Motion for Extension of Time for Plaintiff to Respond to Defendant's First Set of Interrogatories and Requests for Production of Documents to and including April 5, 2006. Signed by Judge RUSSELL A. ELIASON on 2/22/06. (Simmonds, Lisa) (Entered: 02/22/2006)

Feb. 22, 2006
16

NOTICE of Hearing: Jury Trial set for 1/8/2007 09:30 AM in Unassigned Courtroom; Set Trial Brief, etc. deadline to 12/19/2006. (Kemp, Donita) (Entered: 02/27/2006)

Feb. 27, 2006
17

REPORT of Mediator; Session completed 5/19/06 by Mediator KENNETH P. CARLSON, JR. (CARLSON, KENNETH) (Entered: 05/25/2006)

May 25, 2006

Case Reported Settled at Mediation (Gammon, Cheryl) (Entered: 06/21/2006)

June 21, 2006

Set Deadlines/Hearings: Stipulation of Dismissal due by 7/21/2006. (Gammon, Cheryl) (Entered: 06/21/2006)

June 21, 2006

Proposed Consent Decree REFERRED to Judge Beaty. (Kemp, Donita) (Entered: 06/27/2006)

June 27, 2006
18

CONSENT DECREE that the Defendant shall not discriminate against any person on the basis of race or any other protected category within the meaning of Title VII of the Civil Rights Act of 1964; Defendant shall not discriminate or retaliate as set out; Defendant shall pay Wanda Smith the sum of $11,500.00 in settlement of the claims raised in this action as set out; payment shall be made within fifteen (15) days after the Court approves this Consent Decree and shall be mailed as set out; Defendant's employment records of Wanda Smith shall be maintained as set out; within fifteen (15) days of the entry of this decree by the Court, Defendant agrees to provide Wanda Smith with a neutral letter of reference as set out; Defendant does not currently conduct business within the US or within any foreign jurisdiction; if Defendant resumes the operation of a business subject to Title VII jurisdiction within the US or within any foreign jurisdiction during the term of this Decree, Defendant agrees to provide as set out in paragraphs 7 through 10; in the event there is no activity to report pursuant to this paragraph, Defendant shall send EEOC a "negative" report indicating no activity; the Commission may review compliance with this Decree; the term of this Decree shall be for five (5) years from its entry by the Court; each party shall bear its own costs and attorney's fees; this Court shall retain jurisdiction of this cause for the reason set out; Signed by Judge JAMES A. BEATY JR. on 6/28/06(McKenzie, Keayba) (Entered: 06/28/2006)

June 28, 2006

State / Territory: North Carolina

Case Type(s):

Equal Employment

Special Collection(s):

IWPR/Wage Project Consent Decree Study

Key Dates

Filing Date: Sept. 14, 2005

Closing Date: 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of a black 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

Quik-Chek, 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

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $11,500

Order Duration: 2006 - 2011

Content of Injunction:

Retaliation Prohibition

Implement complaint/dispute resolution process

Discrimination Prohibition

Develop anti-discrimination policy

Reporting

Provide antidiscrimination training

Post/Distribute Notice of Rights / EE Law

Neutral/Positive Reference

Issues

General:

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits