Case: EEOC v. OLVER INC AND ADECCO USA, INC

7:05-cv-00417 | U.S. District Court for the Western District of Virginia

Filed Date: June 30, 2005

Closed Date: 2006

Clearinghouse coding complete

Case Summary

On June 30, 2005, the Equal Employment Opportunity Commission ("EEOC"), on behalf of a female employee, filed a lawsuit in the Western District Court of Virginia, under Title VII of the Civil Rights Act of 1964, as amended by Title I of the Civil Rights Act of 1991, against Olver, Inc. The EEOC sought injunctive relief, compensatory damages, punitive damages, attorneys' fees, and other forms of affirmative relief claiming that the defendant discharged the complainant because of her race (black) and national origin (Virgin Islands).

On July 24, 2006, the District Court (Judge Samuel G. Wilson) denied the defendant's motion for summary judgment. On November 6, 2006, the District Court (Judge Wilson) entered a consent decree where the defendant, among other things, agreed to pay the complainant $15,000.

Summary Authors

Perry Miska (5/14/2014)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4694822/parties/equal-employment-opportunity-commission-v-olver-incorporated/


Judge(s)

Wilson, Samuel Grayson (Virginia)

Attorneys(s) for Plaintiff

Caldwell, Stacey Turner (Virginia)

Kiel, Gerald (Maryland)

Spicer, Tracy Hudson (District of Columbia)

Attorneys(s) for Defendant

Bagby, Thomas Richard (Virginia)

Cothran, Elizabeth Hope (Virginia)

Hobbs, Robert Lucas (Virginia)

Lawson, Mark Mitchell (Virginia)

Judge(s)

Wilson, Samuel Grayson (Virginia)

Attorneys(s) for Plaintiff

Caldwell, Stacey Turner (Virginia)

Kiel, Gerald (Maryland)

Spicer, Tracy Hudson (District of Columbia)

Attorneys(s) for Defendant

Bagby, Thomas Richard (Virginia)

Cothran, Elizabeth Hope (Virginia)

Hobbs, Robert Lucas (Virginia)

Lawson, Mark Mitchell (Virginia)

Documents in the Clearinghouse

Document

7:05-cv-00417

Docket [PACER]

EEOC v. Olver, Inc

Nov. 6, 2006

Nov. 6, 2006

Docket
1

7:05-cv-00417

Complaint

EEOC v. Olver, Inc.

June 30, 2005

June 30, 2005

Complaint
50

7:05-cv-00417

Order denying defendant's motion for summary judgment

EEOC v. Olver, Inc.

2006 WL 2076764, 2006 U.S.Dist.LEXIS 50495

July 24, 2006

July 24, 2006

Order/Opinion
59

7:05-cv-00417

Consent Decree

EEOC v. Olver, Inc

Nov. 6, 2006

Nov. 6, 2006

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4694822/equal-employment-opportunity-commission-v-olver-incorporated/

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

ECF Number Description Date Link Date / Link
1

COMPLAINT against Olver Incorporated, Adecco USA, Inc. filed by Equal Employment Opportunity Commission. 100 Day Notice due by 10/8/2005; 120 Day Service due by 10/28/2005. (Attachments: # 1 Cover Letter and Civil Cover Sheet)(rkc ) (Entered: 07/01/2005)

June 30, 2005

June 30, 2005

2

Summons Issued as to Olver Incorporated, Adecco USA, Inc. (rkc )

July 1, 2005

July 1, 2005

3

RETURN of service of Summons in a Civil Case on 9/22/2005 upon Nanette L. Rider, Managing Agent for CT Corporation System (mec) (Entered: 09/27/2005)

Sept. 26, 2005

Sept. 26, 2005

4

ANSWER to Complaint by Adecco USA, Inc..(Bagby, Thomas)

Oct. 11, 2005

Oct. 11, 2005

5

Positive Corporate Disclosure Statement by Adecco USA, Inc. identifying Adecco, SA as Corporate Parent. (Bagby, Thomas) Modified on 11/1/2005 − Changed text to reflect Positive Disclosure (rkc )

Oct. 11, 2005

Oct. 11, 2005

6

100 Day Notice Letter. (tob, )

Oct. 12, 2005

Oct. 12, 2005

7

SUMMONS Returned Executed by Equal Employment Opportunity Commission. Olver Incorporated served on 9/26/2005, answer due 10/17/2005. (rkc )

Oct. 13, 2005

Oct. 13, 2005

8

ANSWER to Complaint by Olver Incorporated.(Lawson, Mark)

Oct. 14, 2005

Oct. 14, 2005

9

Negative Corporate Disclosure Statement by Olver Incorporated. (Lawson, Mark)

Oct. 14, 2005

Oct. 14, 2005

10

Scheduling Letter to counsel. (rkc )

Oct. 18, 2005

Oct. 18, 2005

11

Magistrate's Notice to counsel. (rkc )

Oct. 18, 2005

Oct. 18, 2005

12

SCHEDULING ORDER: Jury Trial set for May 2−4, 2006 09:00 AM in Roanoke before Judge Samuel G. Wilson.. Signed by Judge Samuel G. Wilson on 10/31/2005. (rkc ) (Entered: 11/01/2005)

Oct. 31, 2005

Oct. 31, 2005

14

Negative Corporate Disclosure Statement by Olver Incorporated. (Lawson, Mark)

Dec. 8, 2005

Dec. 8, 2005

15

NOTICE of Appearance by Robert Lucas Hobbs on behalf of Olver Incorporated (Hobbs, Robert)

Dec. 12, 2005

Dec. 12, 2005

16

Notice of Correction : Deleted original doc entry #16 (Return of Service) to allow for refiling with redactions. (rkc )

Jan. 19, 2006

Jan. 19, 2006

17

RETURN of service of subpoena on January 12, 2006 upon Tom Wilkinson (Hobbs, Robert)

Jan. 19, 2006

Jan. 19, 2006

18

AFFIDAVIT of Service for Subpoena Duces Tecum served on Carnival Cruise Lines on January 18, 2006, filed by Olver Incorporated. (Hobbs, Robert)

Feb. 1, 2006

Feb. 1, 2006

19

Joint MOTION to Continue The Trial Date by Adecco USA, Inc.. (Cothran, Elizabeth)

Feb. 1, 2006

Feb. 1, 2006

20

NOTICE to Take Deposition of Shannica Allen Dickerson by Olver Incorporated.(Hobbs, Robert)

Feb. 1, 2006

Feb. 1, 2006

21

NOTICE to Take Deposition of plaintiff by Olver Incorporated.(Hobbs, Robert)

Feb. 1, 2006

Feb. 1, 2006

22

RETURN of service of Subpoena on January 30, 2006 upon Salem Health &Rehab Center (Hobbs, Robert)

Feb. 6, 2006

Feb. 6, 2006

23

RETURN of service of Subpoena on January 19, 2006 upon City Trust Mortgage (Hobbs, Robert)

Feb. 6, 2006

Feb. 6, 2006

24

ORDER granting 19 Motion to Continue. Signed by Judge Pamela Meade Sargent on 2/8/06. (Bordwine, Robin)

Feb. 8, 2006

Feb. 8, 2006

25

NOTICE of Hearing: Jury Trial RESET for June 27−29, 2006 09:00 AM in Roanoke before Judge Samuel G. Wilson. (rkc )

Feb. 9, 2006

Feb. 9, 2006

26

AFFIDAVIT of Service for Subpoena Duces Tecum served on Generation Solutions on February 7, 2006, filed by Olver Incorporated. (Hobbs, Robert)

Feb. 13, 2006

Feb. 13, 2006

27

RETURN of service of subpoena on February 13, 2006 upon Royal Caribbean (Attachments: # 1)(Hobbs, Robert)

Feb. 28, 2006

Feb. 28, 2006

28

NOTICE to Take Deposition of Equal Employment Opportunity Commission by Olver Incorporated.(Hobbs, Robert)

Feb. 28, 2006

Feb. 28, 2006

29

NOTICE to Take Deposition of EEOC by Adecco USA, Inc..(Cothran, Elizabeth)

Feb. 28, 2006

Feb. 28, 2006

30

NOTICE to Take Deposition of Kathleen P. Harmon by Adecco USA, Inc..(Cothran, Elizabeth)

March 7, 2006

March 7, 2006

31

NOTICE to Take Deposition of Kathleen P. Harmon by Olver Incorporated.(Hobbs, Robert)

March 8, 2006

March 8, 2006

32

Minute Entry for proceedings held before Judge Pamela Meade Sargent : Telephone Conference held on 3/21/2006 with counsel regarding possible need to reschedule discovery deposition of witness from 3/22/06. Counsel ordered that witness shall make himself available 3/22/06 or 3/28/06. (Sargent, Pamela)

March 21, 2006

March 21, 2006

33

NOTICE by Adecco USA, Inc. of Hearing (Cothran, Elizabeth)

April 17, 2006

April 17, 2006

34

NOTICE by Olver Incorporated of Hearing (Hobbs, Robert)

April 18, 2006

April 18, 2006

35

MOTION for Summary Judgment by Olver Incorporated. (Hobbs, Robert)

May 4, 2006

May 4, 2006

37

MOTION for Summary Judgment by Adecco USA, Inc.. (Bagby, Thomas) Additional attachment(s) added on 5/5/2006 (rkc, ).

May 4, 2006

May 4, 2006

38

Brief / Memorandum in Support re 37 MOTION for Summary Judgment filed by Adecco USA, Inc.. (Attachments: # 1 # 2 # 3 # 4 # 5)(Bagby, Thomas) Additional attachment(s) added on 5/5/2006 (rkc, ).

May 4, 2006

May 4, 2006

39

Cross MOTION for Partial Summary Judgment on Issue of Joint Liability by Equal Employment Opportunity Commission. Responses due by 5/18/2006 (Caldwell, Stacey)

May 4, 2006

May 4, 2006

40

Notice of Correction : Deleted doc #40 (filed as CROSS MOTION for Partial Summary Judgment Memo in Support by Equal Employment Opportunity Commission). Corrected and complete document will be refiled by counsel on 5/8/06. (rkc )

May 5, 2006

May 5, 2006

41

Brief / Memorandum in Support re 39 Cross MOTION for Partial Summary Judgment on Issue of Joint Liability filed by Equal Employment Opportunity Commission. (Attachments: # 1 Appendix Index of Exhibits# 2 Exhibit Exh 1− Pt 1− Allen Excerpt# 3 Exhibit Exh 1− Pt 2− Allen Excerpt# 4 Exhibit Exh 1− Pt 3− Allen Excerpt# 5 Exhibit Exh 2− Adecco Handbook Excerpt# 6 Exhibit Exh 3− Commitment Sheet# 7 Exhibit Exh 4− Anti−Harassment Bulletin# 8 Exhibit Exh 5− Pt 1− Weyer Excerpt# 9 Exhibit Exh 5− Pt 2− Weyer Excerpt# 10 Exhibit Exh 6− Weyer Memo# 11 Exhibit Exh 7− Splitt Excerpt# 12 Exhibit Exh 8− Smith Excerpt# 13 Exhibit Exh 9− Pt 1− EEOC Guidance# 14 Exhibit Exh 9− Pt 2− EEOC Guidance# 15 Exhibit Exh 10− Blaylock Excerpt# 16 Exhibit Exh 11− Sallach Excerpt# 17 Exhibit Exh 12− Foreman Excerpt)(Caldwell, Stacey)

May 8, 2006

May 8, 2006

42

AMENDED NOTICE of Hearing on 35 MOTION for Summary Judgment, 37 MOTION for Summary Judgment, 39 Cross MOTION for Partial Summary Judgment on Issue of Joint Liability :Hearing on 5/25/2006 RESET at 09:00 AM Roanoke before Judge Samuel G. Wilson.(rkc ) (Entered: 05/18/2006)

May 17, 2006

May 17, 2006

43

Brief / Memorandum in Opposition re 39 Cross MOTION for Partial Summary Judgment on Issue of Joint Liability filed by Adecco USA, Inc.. (Attachments: # 1 Declaration of Richard Seamans)(Bagby, Thomas)

May 18, 2006

May 18, 2006

44

Brief / Memorandum in Opposition re 37 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 Appendix Index to Exhibits# 2 Exhibit Exh 13− Allen Pt 2# 3 Exhibit Exh 14 A− Weyer Pt 2 A# 4 Exhibit Exh 14 B− Weyer Pt 2 B# 5 Exhibit Exh 14 C− Weyer Pt 2 C# 6 Exhibit Exh 14 D− Weyer Pt 2 D# 7 Exhibit Exh 14 E− Weyer Pt 2 E# 8 Exhibit Exh 15− Smith Pt 2# 9 Exhibit Exh 16− Sallach Pt 2# 10 Exhibit Exh 17− Foreman Pt 2# 11 Exhibit Exh 18− Veltman Excerpt# 12 Exhibit Exh 19− Veltman Email# 13 Exhibit Exh 20− Splitt Pt 2# 14 Exhibit Exh 21− Adecco Cmptr Printout# 15 Exhibit Exh 22− Olver Job Anncmt)(Caldwell, Stacey)

May 18, 2006

May 18, 2006

45

Brief / Memorandum in Opposition re 35 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (Caldwell, Stacey)

May 18, 2006

May 18, 2006

46

REPLY to Response to Motion re 37 MOTION for Summary Judgment filed by Adecco USA, Inc.. (Attachments: # 1 Exhibit 1 Smith EEOC Affidavit)(Bagby, Thomas)

May 23, 2006

May 23, 2006

48

Minute Entry for proceedings held before Judge Samuel G. Wilson : Motion Hearing held on 5/25/2006 re 35 MOTION for Summary Judgment filed by Olver Incorporated,, 37 MOTION for Summary Judgment filed by Adecco USA, Inc. (Court Reporter Judy Webb) (rkc )

May 25, 2006

May 25, 2006

49

STIPULATION ORDER REGARDING WITNESS AND EXHIBIT LISTS. Signed by Judge Samuel G. Wilson on 5/26/2006. (mec, )

May 26, 2006

May 26, 2006

51

ORDER denying 39 Motion for Partial Summary Judgment, denying 35 Motion for Summary Judgment, granting 37 Motion for Summary Judgment . Signed by Judge Samuel G. Wilson on 07/24/2006. (rkc )

July 24, 2006

July 24, 2006

52

NOTICE of Hearing: Jury Trial RESET for October 26−27, 2006 09:00 AM in Roanoke before Judge Samuel G. Wilson. (rkc ) (Entered: 08/02/2006)

Aug. 1, 2006

Aug. 1, 2006

53

MOTION in Limine and Supporting Memorandum by Olver Incorporated. (Attachments: # 1 Dickenson deposition excerpt# 2 Splitt deposition excerpt# 3 Smith deposition excerpt)(Hobbs, Robert)

Oct. 3, 2006

Oct. 3, 2006

55

Witness List by Equal Employment Opportunity Commission. (Attachments: # 1 Plaintiff's Witness List)(Caldwell, Stacey)

Oct. 12, 2006

Oct. 12, 2006

56

Exhibit List by Equal Employment Opportunity Commission.. (Caldwell, Stacey)

Oct. 12, 2006

Oct. 12, 2006

57

Witness List by Olver Incorporated. (Hobbs, Robert)

Oct. 12, 2006

Oct. 12, 2006

58

RETURN of service of Subpoenas (3) on 10/18/06 (rkc )

Nov. 6, 2006

Nov. 6, 2006

59

CONSENT DECREE. Signed by Judge Samuel G. Wilson on 11/06/2006. (Attachments: # 1 Exhibit A − Employee Notice)(rkc )

Nov. 6, 2006

Nov. 6, 2006

50

MEMORANDUM OPINION. Signed by Judge Samuel G. Wilson on 07/24/2006. (rkc )

July 24, 2006

July 24, 2006

RECAP

Case Details

State / Territory: Virginia

Case Type(s):

Equal Employment

Special Collection(s):

IWPR/Wage Project Consent Decree Study

Multi-LexSum (in sample)

Key Dates

Filing Date: June 30, 2005

Closing Date: 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of a Black employee from the Virgin Islands who was discharged because of his race and national origin.

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Olver Incorporated, Private Entity/Person

Adecco USA, 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)

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: 15,000

Order Duration: 2006 - 2008

Content of Injunction:

Reporting

Recordkeeping

Provide antidiscrimination training

Post/Distribute Notice of Rights / EE Law

Neutral/Positive Reference

Implement complaint/dispute resolution process

Expungement of Employment Record

Discrimination Prohibition

Develop anti-discrimination policy

Retaliation Prohibition

Issues

General:

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

National origin discrimination

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits

National Origin/Ethnicity:

Other