Case: EEOC v. A & R Truss Company

1:05-cv-00547 | U.S. District Court for the Western District of Michigan

Filed Date: Aug. 15, 2005

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On August 15, 2005, the Equal Employment Opportunity Commission (EEOC) filed suit against A & R Truss Company for violation of Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et. seq.). Alleging that Defendant had repeatedly subjected a black employee at the New Buffalo facility to racially offensive epithets and had met the employee's complaints with threats and intimidation, the EEOC sought monetary and injunctive relief, including compensation for emotional harm and punitive dam…

On August 15, 2005, the Equal Employment Opportunity Commission (EEOC) filed suit against A & R Truss Company for violation of Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et. seq.). Alleging that Defendant had repeatedly subjected a black employee at the New Buffalo facility to racially offensive epithets and had met the employee's complaints with threats and intimidation, the EEOC sought monetary and injunctive relief, including compensation for emotional harm and punitive damages.

The parties consented to have the case handled by a magistrate judge on December 7, 2005.

The parties reached a settlement agreement, which the Court (Magistrate Judge Joseph G. Scoville) entered as a consent decree on March 2, 2006. The one-year decree provided monetary and injuctive relief. The employee was paid $25,000. The decree required A & R Truss to comply with Title VII's prohibition of racial harassment and retaliation. A & R Truss further agreed to develop a Title VII-compliant harassment policy, post an equal employment rights notice, to provide all new employees with the employee handbook containing the new harassment policy, and to train all current and new managers on Title VII, racial harassment, and how to respond to an incident. 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 (7/17/2013)

People


Judge(s)

Scoville, Joseph G. (Michigan)

Attorneys(s) for Plaintiff

Dawkins, Robert (Michigan)

Drieband, Eric S. (District of Columbia)

Lee, James L. (District of Columbia)

Rapport, Adele (Michigan)

Reams, Gwendolyn Young (District of Columbia)

Weaver, Omar (Michigan)

Young, Laurie A (Indiana)

Attorneys(s) for Defendant

Mishkind, Charles S (Michigan)

Olson, Bruce D (Michigan)

Judge(s)

Scoville, Joseph G. (Michigan)

Attorneys(s) for Plaintiff

Dawkins, Robert (Michigan)

Drieband, Eric S. (District of Columbia)

Lee, James L. (District of Columbia)

Rapport, Adele (Michigan)

Reams, Gwendolyn Young (District of Columbia)

Weaver, Omar (Michigan)

Young, Laurie A (Indiana)

Attorneys(s) for Defendant

Mishkind, Charles S (Michigan)

Olson, Bruce D (Michigan)

Expert/Monitor/Master

Smith, Richard P (Michigan)

Documents in the Clearinghouse

Document

Docket (PACER)

March 2, 2006 Docket
1

Complaint

Aug. 15, 2005 Complaint
24-1

Consent Decree

Feb. 27, 2006 Settlement Agreement

Docket

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

ECF Number Description Date Link
1

COMPLAINT and Jury Trial Demand against A & R Truss Company filed by Equal Employment Opportunity Commission (Attachments: # 1 Civil Cover Sheet) (acr, ) (Entered: 08/18/2005)

Aug. 15, 2005

SUMMONS ISSUED as to A & R Truss Company (acr, ) (Entered: 08/18/2005)

Aug. 15, 2005
2

ANSWER to complaint by A & R Truss Company (bd, ) (Entered: 09/14/2005)

Sept. 13, 2005
3

AFFIRMATIVE DEFENSES by defendant A & R Truss Company re 2 (bd, ) (Entered: 09/14/2005)

Sept. 13, 2005
4

DEMAND for TRIAL BY JURY by defendant A & R Truss Company (bd, ) (Entered: 09/14/2005)

Sept. 13, 2005
5

PROOF OF SERVICE by defendant A & R Truss Company re 2, 3, 4 and for Initial Interrogatories to Plaintiff, Notice to Produce Documents to Plaintiff, Notice of Taking Deposition of Theodore Kilgore via first-class mail on 9/12/05 (bd, ) (Entered: 09/14/2005)

Sept. 13, 2005
6

CLERK'S LETTER to attorney Richard P. Smith regarding e-filing requirement and paper filing 2, 3, 4, 5 (bd, ) (Entered: 09/15/2005)

Sept. 15, 2005
7

ORDER setting Rule 16 scheduling conference for 10/5/2005 at 10:00 AM before Magistrate Judge Ellen S. Carmody; status report due by 9/30/2005 ; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, sas) (Entered: 09/15/2005)

Sept. 15, 2005

Copy of Order Setting Rule 16 Scheduling Conference 7 sent via U.S. Mail to Richard P.Smith (bd, ) (Entered: 09/15/2005)

Sept. 15, 2005
8

STIPULATION Joint Stipulation Regarding Substitution Of Counsel by defendant A & R Truss Company (Mishkind, Charles) (Entered: 09/28/2005)

Sept. 28, 2005
9

ATTORNEY APPEARANCE of Charles S. Mishkind on behalf of defendant A & R Truss Company (Mishkind, Charles) (Entered: 09/28/2005)

Sept. 28, 2005
10

PROOF OF SERVICE by defendant A & R Truss Company (Mishkind, Charles) (Entered: 09/28/2005)

Sept. 28, 2005

Copy of Order on Stipulation 11 sent via U.S. Mail to Richard P. Smith (bd, ) (Entered: 09/29/2005)

Sept. 29, 2005
12

ADMINISTRATIVE ORDER No. 05-116 that this case is reassigned to Chief Judge Robert Holmes Bell for all further proceedings; Senior Judge Richard Alan Enslen to be assigned another case pursuant to approved procedure ; signed by Chief Judge Robert Holmes Bell (acr, ) (Entered: 09/30/2005)

Sept. 29, 2005
13

NOTICE rescheduling hearing that was previously set for 10/5/05: Rule 16 scheduling conference is set for 10/19/2005 at 11:00 AM at 699 Federal Building, Grand Rapids, MI before Magistrate Judge Joseph G. Scoville; (Chief Judge Robert Holmes Bell, sdb) (Entered: 09/30/2005)

Sept. 30, 2005
14

NOTICE rescheduling hearing that was previously set for 10/19/05; Rule 16 scheduling conference is rescheduled for 10/25/2005 at 2:00 p.m. before Magistrate Judge Joseph G. Scoville by telephone; plf's counsel shall initiate the conference call; (Magistrate Judge Joseph G. Scoville, mmh) (Entered: 10/04/2005)

Oct. 4, 2005
15

ATTORNEY APPEARANCE of Omar Weaver on behalf of plaintiff Equal Employment Opportunity Commission (Weaver, Omar) (Entered: 10/19/2005)

Oct. 19, 2005
16

JOINT STATUS REPORT submitted for filing by defendant A & R Truss Company Joint Rule 16 Status Report (Mishkind, Charles) (Entered: 10/20/2005)

Oct. 20, 2005
17

NOTICE: The telephone Rule 16 scheduling conference set for 10/25/2005 at 2:00 PM is now before Chief Judge Robert Holmes Bell; (Chief Judge Robert Holmes Bell, sdb) (Entered: 10/24/2005)

Oct. 24, 2005
18

MINUTES of Rule 16 scheduling conference by telephone held before Chief Judge Robert Holmes Bell (Chief Judge Robert Holmes Bell, sdb) (Entered: 10/25/2005)

Oct. 25, 2005
19

CASE MANAGEMENT ORDER: jury trial set for 11/27/2006 at 9:00 AM at 699 Federal Building, Grand Rapids, MI before Magistrate Judge Joseph G. Scoville; final pretrial conference set for 11/9/2006 at 10:00 AM at 699 Federal Building, Grand Rapids, MI before Magistrate Judge Joseph G. Scoville; signed by Chief Judge Robert Holmes Bell (Chief Judge Robert Holmes Bell, ymc) (Entered: 10/26/2005)

Oct. 26, 2005
20

NOTICE Consent, and Order Of Reference - Exercise Of Jurisdiction By A United States Magistrate Judge by defendant A & R Truss Company (Mishkind, Charles) (Entered: 11/08/2005)

Nov. 8, 2005

PROPOSED STIPULATION and ORDER re 20 (taken from document 20) by plaintiff Equal Employment Opportunity Commission, defendant A & R Truss Company (gjf, ) (Entered: 11/08/2005)

Nov. 8, 2005
21

AMENDED ANSWER to complaint 2 And Notice Of Additional Defenses filed by defendant A & R Truss Company (Mishkind, Charles) (Entered: 11/15/2005)

Nov. 15, 2005
23

CONSENT of all parties to jurisdiction by US Magistrate Judge; case reassigned to Magistrate Judge Joseph G. Scoville ; signed by Chief Judge Robert Holmes Bell (mrs, ) (Entered: 12/09/2005)

Dec. 7, 2005
24

PROPOSED CONSENT DECREE by plaintiff Equal Employment Opportunity Commission (Attachments:, # 1 Attachment A - Notice) (mrs, ) (Entered: 03/02/2006)

March 2, 2006
25

CONSENT DECREE 24; signed by Magistrate Judge Joseph G. Scoville (Attachments: # 1 Attachment A - Notice) (Magistrate Judge Joseph G. Scoville, mmh) (Entered: 03/02/2006)

March 2, 2006

State / Territory: Michigan

Case Type(s):

Equal Employment

Special Collection(s):

IWPR/Wage Project Consent Decree Study

Key Dates

Filing Date: Aug. 15, 2005

Closing Date: 2007

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

A & R Truss Co., 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: $25,000

Order Duration: 2006 - 2007

Content of Injunction:

Retaliation Prohibition

Provide antidiscrimination training

Implement complaint/dispute resolution process

Discrimination Prohibition

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Harassment / Hostile Work Environment

Discrimination-basis:

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits