Case: EEOC v. THE POINTE AT KIRBY GATE LLC AND SERVICEMASTER COMPANY

2:02-cv-02730 | U.S. District Court for the Western District of Tennessee

Filed Date: Sept. 19, 2002

Closed Date: Sept. 30, 2003

Clearinghouse coding complete

Case Summary

The Memphis District Office of the EEOC brought this suit against The Point at Kirby Gate, an assisted living facility, in September 2002, in the U.S. District Court for Western District of Tennessee. We do not have a copy of the compliant. However, according to the settlement agreement, the complaint alleged that the defendant violated Title VII of the Civil Rights Act of 1964 by subjecting the charging party, an African American employee, to a hostile work environment on the basis of his ra…

The Memphis District Office of the EEOC brought this suit against The Point at Kirby Gate, an assisted living facility, in September 2002, in the U.S. District Court for Western District of Tennessee. We do not have a copy of the compliant. However, according to the settlement agreement, the complaint alleged that the defendant violated Title VII of the Civil Rights Act of 1964 by subjecting the charging party, an African American employee, to a hostile work environment on the basis of his race. According to the Court's order regarding the EEOC's motion for protective order, the residents of the defendant's facility made racist remarks to the charging party who was then terminated when he complained about the harassment. The parties settled in September 2003.

The settlement agreement contained a non-discrimination clause and required the defendant to: expunge the charging party's personnel file of all mentions of the discrimination charges, post Title VII notices, provide Title VII managerial training, and pay $75,000.

Summary Authors

Kevin Wilemon (5/31/2007)

Documents in the Clearinghouse

Document

2:02-cv-02730

Docket (PACER)

EEOC v. The Pointe at Kirby

Sept. 30, 2003

Sept. 30, 2003

Docket
27

2:02-cv-02730

Order Granting in Part and Denying in Part Plaintiff's Motion for Protective Order

EEOC vs. The Pointe at Kirby Gate and Servicemaster

March 19, 2003

March 19, 2003

Order/Opinion
35

2:02-cv-02730

Order Administratively Closing Case

EEOC vs. The Pointe at Kirby Gate and Servicemaster

Sept. 3, 2003

Sept. 3, 2003

Order/Opinion
34

2:02-cv-02730

Settlement Agreement

EEOC v. The Pointe at Kirby

Sept. 30, 2003

Sept. 30, 2003

Settlement Agreement

Resources

Docket

Last updated July 24, 2022, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (Summonses NOT issued) ; Filing fee $ waived (AGJ) (Entered: 09/20/2002)

Sept. 19, 2002

Sept. 19, 2002

2

ORDER OF TRANSFER by Judge Samuel H. Mays Jr. Case transferred to Judge Bernice B. Donald in exchange for Case No. 2:02cv2711-D (cc: all counsel) (YDS) (Entered: 10/30/2002)

Oct. 29, 2002

Oct. 29, 2002

3

SETTING LETTER : scheduling conference set for 9:30 12/3/02, Courtroom 3 (YDS) (Entered: 11/06/2002)

Nov. 6, 2002

Nov. 6, 2002

4

ENTRY OF ATTORNEY APPEARANCE for defendant The Point at Kirby by Alison S. Fowler (YDS) (Entered: 11/08/2002)

Nov. 8, 2002

Nov. 8, 2002

5

NOTICE OF ATTORNEY APPEARANCE for defendants The Point at Kirby, Service Master Co. by William N. Ozier (YDS) (Entered: 11/13/2002)

Nov. 12, 2002

Nov. 12, 2002

6

MOTION by defendants The Point at Kirby, Service Master Co. for leave to participate in scheduling conference by telephone (YDS) (Entered: 11/13/2002)

Nov. 12, 2002

Nov. 12, 2002

7

ORDER GRANTING MOTION TO APPEAR TELEPHONICALLY FOR SCHEDULING CONFERENCE by Judge Bernice B. Donald granting motion for leave to participate in scheduling conference by telephone [6-1] scheduled for 12/3/02 @ 9:30am. (cc: all counsel) (YDS) (Entered: 11/18/2002)

Nov. 18, 2002

Nov. 18, 2002

8

ANSWER by defendants The Point at Kirby, Service Master Co. to Complaint [1-1] (YDS) (Entered: 11/19/2002)

Nov. 19, 2002

Nov. 19, 2002

9

RULE 26 Report of the Parties Planning Meeting by EEOC, The Point at Kirby, Service Master Co. (YDS) (Entered: 11/26/2002)

Nov. 25, 2002

Nov. 25, 2002

10

SCHEDULING ORDER 16(b) Judge Bernice B. Donald ; pretrial motion filing deadline set for 9/5/03 (including motions for summary judgment) initial motions to dismiss ddl 1/30/03 ; Rule 26(a)(1) disclosure ddl 12/3/02 ; document production ddl 8/1/03 ; depositions, interrogatories and requests for admissions ddl 8/1/03 ; discovery deadline set for 8/1/03 ; joint pretrial order to be entered on 1/5/04 ; pretrial conference set for 1/20/04 at 8:45 ; jury trial for 1/26/04 at 9:00, est 4 days ; deadline for joining parties set for 1/30/03 ; deadline for amending pleadings set for 1/30/03 ; the parties will be referred to the Mag Judge for a settlement conference after reasonable discovery. (cc: all counsel) (YDS) (Entered: 12/05/2002)

Dec. 3, 2002

Dec. 3, 2002

11

ORDER OF REFERENCE by Judge Bernice B. Donald : This matter is hereby referred to the US Mag Judge for a settlement conference after reasonable discovery. (cc: all counsel) (YDS) (Entered: 12/05/2002)

Dec. 3, 2002

Dec. 3, 2002

12

MINUTES: Scheduling Conference held on 12/3/02; discovery ddl set 8/1/03; Rule 26(a)(1) disclosure ddl 12/3/02; initial motions to dismiss ddl 1/30/03; dispositive/summary jgm motion filing ddl set 9/5/03; proposed joint pretrial order ddl 5:00 1/5/04; pretrial conference set 8:45 1/20/04; jury trial set 9:00 1/26/04, est 4 days; pla(s) experts ddl 5/1/03; dft(s) experts ddl 6/2/03; joining parties ddl 1/30/03; amending pleadings ddl set 1/30/03 Keri Harper, Law Clerk PLA Atty: D. Smith DFT Atty: W. Ozler by phone, A. Fowler, (YDS) Modified on 12/06/2002 (Entered: 12/06/2002)

Dec. 3, 2002

Dec. 3, 2002

13

SETTING LETTER : settlement conference set for 9:30 8/11/03 before Mag Judge Vescovo, Rm 341 (YDS) (Entered: 12/18/2002)

Dec. 18, 2002

Dec. 18, 2002

14

NOTICE of change of address of Firm: Lewis Fisher Henderson Claxton & Mulroy, LLP, 6410 Poplar Ave, Ste. 300, Memphis, TN, 38119, 901- 767-6160(phone), 901-767-7411(fax) [CH-Atty Maintenance] (YDS) (Entered: 01/08/2003)

Jan. 7, 2003

Jan. 7, 2003

15

NOTICE OF ATTORNEY APPEARANCE for The Point at Kirby, Service Master Co. by Whitney Fogerty (YDS) (Entered: 01/08/2003)

Jan. 8, 2003

Jan. 8, 2003

16

MOTION by plaintiff EEOC for leave to file amended complaint (YDS) (Entered: 01/31/2003)

Jan. 30, 2003

Jan. 30, 2003

17

MEMORANDUM by plaintiff EEOC in support of motion for leave to file amended complaint [16-1] (YDS) (Entered: 01/31/2003)

Jan. 30, 2003

Jan. 30, 2003

18

CERTIFICATE of Consulation by plaintiff EEOC re motion for leave to amend [16-1] (YDS) (Entered: 01/31/2003)

Jan. 30, 2003

Jan. 30, 2003

19

ORDER by Judge Bernice B. Donald granting motion for leave to file amended complaint [16-1] (cc: all counsel) (YDS) (Entered: 02/03/2003)

Feb. 3, 2003

Feb. 3, 2003

20

AMENDED COMPLAINT [1-1] by plaintiff EEOC terminating defendant Service Master Co., defendant The Point at Kirby; adding The Pointe At Kirby, Servicemaster Co.; jury demand (YDS) (Entered: 02/03/2003)

Feb. 3, 2003

Feb. 3, 2003

21

ANSWER by defendant The Pointe At Kirby to Amended Complaint [20-1] (YDS) (Entered: 02/11/2003)

Feb. 10, 2003

Feb. 10, 2003

22

MOTION by plaintiff EEOC for protective order (YDS) (Entered: 02/12/2003)

Feb. 11, 2003

Feb. 11, 2003

23

MEMORANDUM by plaintiff EEOC in support of motion for protective order [22-1] w/exhibits attached (YDS) (Entered: 02/12/2003)

Feb. 11, 2003

Feb. 11, 2003

24

CERTIFICATE of Consultation by plaintiff EEOC re motion for protective order [22-1] (YDS) (Entered: 02/12/2003)

Feb. 11, 2003

Feb. 11, 2003

25

ORDER OF REFERENCE by Judge Bernice B. Donald referring to Mag Judge Diane K. Vescovo the motion for protective order [22-1]; this matter is hereby referred to the US Mag Judge for a Determination. Any exceptions to the Mag Judge's order shall be made by motion w/i 10 days of the order. (cc: all counsel) (YDS) (Entered: 02/13/2003)

Feb. 12, 2003

Feb. 12, 2003

26

RESPONSE by defendants The Point at Kirby, and Service Master Co. pltf's to motion for protective order [22-1] (SSH) (Entered: 03/04/2003)

Feb. 28, 2003

Feb. 28, 2003

27

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR PROTECTIVE ORDER by Mag Judge Diane K. Vescovo: granting in part and denying in part the EEOC's motion for protective order [22-1]. The dfts may not depose the EEOC's counsel Deidre Smith under Rule 30(b)(6). They may, however, depose one or more of the alternative Rule 30(b)(6) representatives identified in their memorandum as designated by the EEOC. At the deposition, the dfts may seek additional explanation of underlying non-privileged facts, but are instructed not to inquire into the EEOC's reasons for a particular construction of facts, nor into the EEOC's ordering of facts. (cc: all counsel) (SSH) (Entered: 03/21/2003)

March 19, 2003

March 19, 2003

28

AGREED JOINT PROTECTIVE ORDER by Judge Bernice B. Donald: Pursuant to FRCP 26(c), parties submit to the Court their agreement that all otherwise discoverable proprietary and/ or non-public financial information, personnel records and patient records designated as confidential shall be under protective order and shall be kept strictly confidential by the parties; Documents for which confidential status is claimed by dfts shall be stamped or designated "Confidential" and maintained in confidential status...; Before any confidential material is disclosed to any person retained by counsel to furnish expert services or give expert testimony, such person will have read this Order and agree to be bound by its terms; (cc: all counsel) (BAG) (Entered: 07/08/2003)

July 8, 2003

July 8, 2003

29

SETTING LETTER settlement conference reset for 9:30 8/6/03 (from 8/11/03) before Mag Judge Vescovo; (BAG) (Entered: 07/15/2003)

July 15, 2003

July 15, 2003

30

JOINT MOTION by plaintiff, defendants to extend discovery and dispositive motion deadlines (BAG) (Entered: 07/17/2003)

July 16, 2003

July 16, 2003

31

MEMORANDUM by plaintiff, defendants in support of joint motion to extend discovery and dispositive motion deadlines [30-1] (BAG) (Entered: 07/17/2003)

July 16, 2003

July 16, 2003

33

SETTING LETTER settlement conference RESET for 9:30 8/27/03 before Mag Judge Vescovo; (BAG) (Entered: 08/07/2003)

Aug. 6, 2003

Aug. 6, 2003

34

ORDER/SETTLEMENT AGREEMENT by Judge Bernice B. Donald ..Each of the parties shall bear its own costs, including attys' fees. terminating case (cc: all counsel) (EHG) (Entered: 10/01/2003)

Sept. 30, 2003

Sept. 30, 2003

35

ORDER Administratively Closing Case by Judge Bernice B. Donald re [34-2]; In the event a party in interest files a motion at a later time seeking to reopen this administratively closed case, no reopening filing fee shall be required; (cc: all counsel) (BAG) (Entered: 10/01/2003)

Sept. 30, 2003

Sept. 30, 2003

Case Details

State / Territory: Tennessee

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 19, 2002

Closing Date: Sept. 30, 2003

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

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

The Point at Kirby Gate, L.L.C. , Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

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:

Voluntary Dismissal

Amount Defendant Pays: 75000

Content of Injunction:

Expungement of Employment Record

Discrimination Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits