Case: EEOC v. Ryder / Ate

7:02-cv-00796 | U.S. District Court for the Northern District of Alabama

Filed Date: March 29, 2002

Closed Date: 2003

Clearinghouse coding complete

Case Summary

On March 29, 2002, the Equal Employment Opportunity Commission ("EEOC"), on behalf of a female employee (plaintiff-intervenor) at a trucking company, filed a lawsuit in the Northern District Court of Alabama under Title VII of the Civil Rights Act of 1964, as amended, against Ryder/ATE, Inc. The EEOC sought injunctive relief, compensatory damages, punitive damages, attorneys' fees and costs, and other forms of affirmative relief claiming that the defendant, through the actions of one of its su…

On March 29, 2002, the Equal Employment Opportunity Commission ("EEOC"), on behalf of a female employee (plaintiff-intervenor) at a trucking company, filed a lawsuit in the Northern District Court of Alabama under Title VII of the Civil Rights Act of 1964, as amended, against Ryder/ATE, Inc. The EEOC sought injunctive relief, compensatory damages, punitive damages, attorneys' fees and costs, and other forms of affirmative relief claiming that the defendant, through the actions of one of its supervisors, was liable for sexual harassment.

According to the complaint, starting in the fall of 2008 and continuing into 2009, the plaintiff-intervenor at defendant's Alabama worksite was subjected to offensive sexual comments and inappropriate touching of private body parts by her supervisor. In order to avoid this sexual harassment, the complainant transferred to another lesser paying job. She also took time off of work because of the emotional distress she experienced. The defendant acknowledged that, in January 1999, the complainant reported the sexual harassment to the General Manager. Nothing was done until she made a second report in July 1999.

On July 23, 2002, the employee who suffered the sexual harassment filed a complaint as the plaintiff-intervenor. On October 10, 2002, the EEOC and plaintiff-intervenor filed an amended complaint. On September 9, 2003, the District Court (Judge U.W. Clemon) issued a consent decree where the defendant had to pay the plaintiff-intervenor $85,000 and reinstate her in her previous position, with seniority.

Summary Authors

Perry Miska (4/7/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4126498/parties/eeoc-v-ryderate-inc/


Judge(s)

Clemon, U. W. (Alabama)

Attorneys(s) for Plaintiff

Archer, Naomi Hilton (Alabama)

Byrd, Mildred (Alabama)

Crook, Debra Hawes (Alabama)

Guerrier, Charles (Alabama)

Inzeo, Nicholas (District of Columbia)

Reams, Gwendolyn Young (District of Columbia)

Attorneys(s) for Defendant

Kallon, Abdul K. [Karim] (Alabama)

Other Attorney(s)

Active

Judge(s)

Clemon, U. W. (Alabama)

Attorneys(s) for Plaintiff

Archer, Naomi Hilton (Alabama)

Byrd, Mildred (Alabama)

Crook, Debra Hawes (Alabama)

Guerrier, Charles (Alabama)

Inzeo, Nicholas (District of Columbia)

Reams, Gwendolyn Young (District of Columbia)

Attorneys(s) for Defendant

Kallon, Abdul K. [Karim] (Alabama)

Other Attorney(s)

Lemley, Daniel C. (Alabama)

Documents in the Clearinghouse

Document

Docket

EEOC v. Ryder / ATE, Inc. et al

Sept. 9, 2003 Docket
1

Complaint

EEOC v. Ryder / ATE Inc.

March 29, 2002 Complaint
9

Plaintiff-Intervenor's Complaint

EEOC v. Ryder / ATE Inc.

July 23, 2002 Complaint
18

Amended Complaint

EEOC v. Ryder/ATE, Inc.

Oct. 10, 2002 Complaint
27

Consent Decree

EEOC v. First Transit Inc. f/k/a Ryder / Ate, Inc.

Sept. 9, 2003 Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4126498/eeoc-v-ryderate-inc/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT filed Fee N/A (DWC) (Entered: 03/29/2002)

March 29, 2002 RECAP
2

WAIVER of Service of Summons by dft filed (DWC) (Entered: 05/23/2002)

May 22, 2002 PACER
3

ANSWER by dft w/appear by atty(s) Abdul K Kallon filed cs (DWC) (Entered: 05/31/2002)

May 30, 2002 PACER
4

SUBSTITUTION of counsel on behalf of EEOC Debra Hawes Crook replacing attorney Naomi Hilton Archer for EEOC filed cs (DWC) (Entered: 06/20/2002)

June 20, 2002 PACER
5

MOTION by movant Pamelia Smoot to intervene w/intv cmp atta filed cs (DWC) (Entered: 07/10/2002)

July 10, 2002 PACER
6

Report of Parties (form 35) of compliance with FRCP 26 filed (DWC) (Entered: 07/16/2002)

July 16, 2002 PACER
8

5 - ORDER granting motion to intervene [5-1] Pamelia Smoot ( by Chief Judge U W. Clemon ) entered cm (DWC) (Entered: 07/23/2002)

July 22, 2002 PACER
7

ORDER (Scheduling) that the dates agreed to by the parties in their Planning Meeting are ADOPTED & binding on the parties by Chief Judge U W. Clemon entered cm (DWC) (Entered: 07/23/2002)

July 23, 2002 PACER
9

INTERVENOR complaint w/exhs atta filed cs (DWC) (Entered: 07/23/2002)

July 23, 2002 PACER
10

REQUEST of intvp Pamelia Smoot for service by certified mail filed (DWC) (Entered: 07/23/2002)

July 23, 2002 PACER
11

SUMMONS and complaint returned executed: upon dft Ryder/ATE, Inc on 7/24/02 filed (DWC) (Entered: 07/25/2002)

July 25, 2002 PACER
12

NOTICE filed by intvp Pamelia Smoot that The Corporation Co is not the registered agent Ryder/Ate, Inc (DWC) (Entered: 07/26/2002)

July 26, 2002 PACER
13

REQUEST of pla for service by certified mail to dft RYDER/ATE INC fka First Transit Inc, CSC-Lawyers Inc Svc filed (DWC) (Entered: 08/13/2002)

Aug. 13, 2002 PACER
14

SUMMONS and complaint returned executed: upon dft Ryder/ATE, Inc/CSC-Lawyers Inc Svcs on 8/14/02 filed (DWC) (Entered: 08/15/2002)

Aug. 15, 2002 PACER
15

MOTION by plaintiff EEOC for leave to amend complaint with exhibit attached filed cs (KSS) Modified on 08/30/2002 (Entered: 08/30/2002)

Aug. 30, 2002 PACER
16

15 - ORDER granting motion for leave to amend complaint [15-1] ( by Chief Judge U W. Clemon ) entered cm (DWC) (Entered: 09/11/2002)

Sept. 10, 2002 PACER
17

ANSWER to intervener's complaint by defendant Ryder/ATE, Inc filed cs (MAA) (Entered: 09/13/2002)

Sept. 13, 2002 PACER
18

AMENDED complaint filed by pla & invp Pamelia Smoot [9-1], [1-1]; jury demand terming dft Ryder/ATE, Inc; adding dft First Transit, Inc. filed cs (DWC) (Entered: 10/10/2002)

Oct. 10, 2002 PACER
19

MOTION by parties to amend the court's Scheduling Order by adopting the Amended Report of Parties Planning Meeting filed cs (DWC) (Entered: 02/04/2003)

Feb. 3, 2003 PACER
20

AMENDED Report of Parties (form 35) of compliance with FRCP 26 filed (DWC) (Entered: 02/04/2003)

Feb. 3, 2003 PACER
21

19 - ORDER granting motion to amend the court's Scheduling Order by adopting the Amended Report of Parties Planning Meeting [19-1] no further extensions( by Chief Judge U W. Clemon ) entered cm (MAA) (Entered: 02/11/2003)

Feb. 10, 2003 PACER
22

MOTION by dft First Transit, Inc. to extend discovery ddl to 9/30/03 & dispositive motions ddl to 10/31/03 filed cs (DWC) (Entered: 07/22/2003)

July 22, 2003 PACER
23

22 - ORDER granting motion to extend discovery ddl to 9/30/03 & dispositive motions ddl to 10/31/03 [22-1] ; Discovery cutoff 9/30/03 ; dispositive motions ddl 10/31/03 ( by Chief Judge U W. Clemon ) entered cm (DWC) (Entered: 07/24/2003)

July 23, 2003 PACER
24

ORDER based upon the parties' representation that settlement has been reached dismissing case w/o prej under the conditions established; ea party to bear its own costs filed ( by Chief Judge U W. Clemon ) cm (DWC) (Entered: 07/31/2003)

July 31, 2003 RECAP
25

MOTION by intvp Pamelia Smoot to amend 7/31/03 Dismissal Order filed cs (DWC) (Entered: 08/22/2003)

Aug. 22, 2003 PACER
26

ORDER granting motion to amend 7/31/03 Dismissal Order [25-1]; this action shall be dismissed w/prej upon the final approval of the settlement by the Bankruptcy Judge & signing of the Release by the Trustee filed ( by Chief Judge U W. Clemon ) cm (DWC) (Entered: 08/29/2003)

Aug. 29, 2003 PACER
27

ORDER (Consent Decree) by consent of the parties, this Consent Decree resolves all matters alleged by the EEOC & Pamelia Smoot in this civil action, including all claims arising out of EEOC Charge of Discrimination No 130-A0-0162 & EEOC Charge of Discrimination 130-A30-0700; all parties shall ea bear its onw costs & attys fees filed ( by Chief Judge U W. Clemon ) cm (DWC) (Entered: 09/09/2003)

Sept. 9, 2003 RECAP

State / Territory: Alabama

Case Type(s):

Equal Employment

Special Collection(s):

IWPR/Wage Project Consent Decree Study

Key Dates

Filing Date: March 29, 2002

Closing Date: 2003

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of a female worker who was allegedly sexually harassed.

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

Ryder / ATE Inc., Private Entity/Person

First Transit, Inc., Private Entity/Person

Defendant Type(s):

Transportation

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: $85,000

Order Duration: 2003 - 2003

Content of Injunction:

Reinstatement

Retroactive Seniority

Issues

General:

Disparate Treatment

Discrimination-area:

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit