Case: EEOC v. Marvin Black & Associates

1:00-cv-02551 | U.S. District Court for the Northern District of Georgia

Filed Date: Sept. 29, 2000

Closed Date: Feb. 19, 2005

Clearinghouse coding complete

Case Summary

The EEOC's Atlanta office filed this suit on September 29, 2000 in the U.S. District Court for the Northern District of Georgia, Atlanta Division. The suit alleged that defendant Marvin Black & Associates, LLC violated Title VII by subjecting four employees to sexual harassment and retaliation. The four complainants intervened in the suit. The EEOC, with the intervenors' subsequently joining the motion, filed for summary judgment on May 6, 2002. This motion was denied on November 14, 2002. Soon…

The EEOC's Atlanta office filed this suit on September 29, 2000 in the U.S. District Court for the Northern District of Georgia, Atlanta Division. The suit alleged that defendant Marvin Black & Associates, LLC violated Title VII by subjecting four employees to sexual harassment and retaliation. The four complainants intervened in the suit. The EEOC, with the intervenors' subsequently joining the motion, filed for summary judgment on May 6, 2002. This motion was denied on November 14, 2002. Soon thereafter, on February 2, 2003, a proposed consent decree was filed with the court. The decree was approved and entered into the record on February 19, 2003, ending the case.

The consent decree specifically stated that the defendant was no longer in business and that therefore all injunctive relief mentioned other than the complainant's referral would be applicable only if defendant resumed business in Georgia. The defendant did, however, agree to pay a total of $20,000 to the four complainants. One complainant received $10,000, while the other three received approximately $3,333.33. The potential injunctive relief included appointing a compliance official, providing training to supervisory employees, and reporting complaints to the EEOC.

Summary Authors

Jason Chester (8/8/2007)

People


Judge(s)

Brill, Gerrilyn G. (Georgia)

Judge(s)

Brill, Gerrilyn G. (Georgia)

Documents in the Clearinghouse

Document

1:00-cv-02551

Docket

Feb. 19, 2003

Feb. 19, 2003

Docket
50

1:00-cv-02551

Consent Decree

Feb. 19, 2003

Feb. 19, 2003

Settlement Agreement

Resources

Docket

Last updated Aug. 9, 2022, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed. Consent form to proceed before U.S. magistrate and pretrial instructions given to attorney; jury demand (bsm) (Entered: 10/02/2000)

Sept. 29, 2000

Sept. 29, 2000

2

ANSWERS TO MANDATORY DISCLOSURES by plaintiff (bsm) (Entered: 10/02/2000)

Sept. 29, 2000

Sept. 29, 2000

CASE REFERRED to Mag Judge Gerrilyn G. Brill (Calendar sheets forwarded) (bsm) (Entered: 10/02/2000)

Sept. 29, 2000

Sept. 29, 2000

3

ANSWER by defendant to complaint [1-1] Discovery ends 4/29/01 (bsm) (Entered: 12/01/2000)

Nov. 30, 2000

Nov. 30, 2000

4

Preliminary Statement and Scheduling Order. (to GGB) (bsm) (Entered: 02/16/2001)

Feb. 16, 2001

Feb. 16, 2001

SCHEDULING ORDER by Mag Judge Gerrilyn G. Brill with [4-1] preliminary statement (cc) (bsm) (Entered: 02/22/2001)

Feb. 20, 2001

Feb. 20, 2001

5

MOTION by plaintiff to intervene as proper party plaintiffs with brief in support and proposed order. (crc) (Entered: 04/23/2001)

April 19, 2001

April 19, 2001

Proposed Consent order extending time for discovery thru 07/30/01. (to GGB). (crc) (Entered: 04/24/2001)

April 23, 2001

April 23, 2001

6

CONSENT ORDER by Mag Judge Gerrilyn G. Brill, extending discovery. Discovery ends 7/30/01 (cc) (er) (Entered: 04/30/2001)

April 23, 2001

April 23, 2001

SUBMITTED to Mag Judge Gerrilyn G. Brill on [5-1] motion to intervene as proper party plaintiffs (bsm) (Entered: 05/11/2001)

May 11, 2001

May 11, 2001

7

ORDER by Mag Judge Gerrilyn G. Brill GRANTING [5-1] Egna Diaz, Yosi Martinez, Aracely de la Paz Lopez and Flora Barrios-Galindo's motion to intervene as proper party plas. (cc) (er) (Entered: 05/23/2001)

May 21, 2001

May 21, 2001

8

Attorney appearance for plaintiff by Cynthia Leigh Montgomery (lme) (Entered: 06/19/2001)

June 18, 2001

June 18, 2001

9

Return of service executed 7/15/01 as to Marvin Black & Assoc on original complaint (bsm) (Entered: 07/19/2001)

July 16, 2001

July 16, 2001

Proposed consent order extending discovery (to GGB) (bsm) (Entered: 07/25/2001)

July 24, 2001

July 24, 2001

10

CONSENT ORDER by Mag Judge Gerrilyn G. Brill extending discovery, discovery ends 10/28/01 (cc) (bsm) (Entered: 08/02/2001)

Aug. 1, 2001

Aug. 1, 2001

11

MOTION by plaintiff to compel defendant to make witness available for deposition with brief in support. (bsm) (Entered: 10/30/2001)

Oct. 30, 2001

Oct. 30, 2001

12

MOTION by defendant to extend time for discovery for 30 days with brief in support. (bsm) (Entered: 11/01/2001)

Oct. 31, 2001

Oct. 31, 2001

13

MOTION to withdraw by David C. Ates and Harlan Stuart Miller III as attorney for Marvin Black & Assoc with brief in support. (bsm) (Entered: 11/01/2001)

Oct. 31, 2001

Oct. 31, 2001

14

MOTION by defendant to extend time to respond to [11-1] motion to compel defendant to make witness available for deposition thru 12/4/1 (crc) (Entered: 11/15/2001)

Nov. 13, 2001

Nov. 13, 2001

SUBMITTED to Mag Judge Gerrilyn G. Brill on [12-1] motion to extend time for discovery for 30 days, [13-1] motion to withdraw by David C. Ates and Harlan Stuart Miller III as attorneys for Marvin Black & Assoc and [14-1] motion to extend time to respond to [11-1] motion to compel defendant to make witness available for deposition thru 12/4/1 (bsm) (Entered: 11/20/2001)

Nov. 20, 2001

Nov. 20, 2001

15

ORDER by Mag Judge Gerrilyn G. Brill DEFERRING ruling on [11-1] motion to compel defendant to make witness available for deposition, GRANTING [12-1] motion to extend time for discovery for 30 days and extending discovery until 1/31/02 due to defendant's counsel withdrawing, GRANTING [13-1] motion to withdraw by David C. Ates and Harlan Stuart Miller III as attorney for Marvin Black & Assoc, defendant DIRECTED to notify the clerk w/in 20 days of date of this order of appointment of another attorney to represent the company or to represent itself, GRANTING [14-1] motion to extend time to respond to [11-1] motion to compel, extension granted until 1/15/02 (cc) (bsm) (Entered: 11/29/2001)

Nov. 28, 2001

Nov. 28, 2001

SUBMITTED to Mag Judge Gerrilyn G. Brill on [11-1] motion to compel defendant to make witness available for deposition (bsm) (Entered: 01/17/2002)

Jan. 17, 2002

Jan. 17, 2002

16

ORDER by Mag Judge Gerrilyn G. Brill, GRANTING [11-1] motion to compel defendant to make witness available for deposition, Haine Miller ORDERED to appear for a deposition, GRANTING plaintiff's request for expenses incurred in bringing motion to compel (cc) (bsm) (Entered: 01/28/2002)

Jan. 25, 2002

Jan. 25, 2002

17

Itemization of expenses inncurred by plaintiff pursuant to [16-1] order (bsm) (Entered: 02/04/2002)

Feb. 4, 2002

Feb. 4, 2002

18

ORDER by Mag Judge Gerrilyn G. Brill, the court previously granted plaintiff's motion for sanctions and awarded reasonable expenses and fees because of defendant's failure to comply with plaintiff's discovery requests, plaintiff AWARDED $1,411.52 fees and costs (cc) (bsm) (Entered: 03/29/2002)

March 29, 2002

March 29, 2002

19

MOTION by plaintiff for leave to file motion for sum.jgm. out of time with proposed motion for sum.jgm. (bsm) Modified on 04/11/2002 (Entered: 04/10/2002)

April 9, 2002

April 9, 2002

20

Notice of filing discovery by plaintiff, with request to defendant to file discovery (bsm) (Entered: 04/10/2002)

April 9, 2002

April 9, 2002

Deposition of ARACELY DE LA PAZ taken for plaintiff (bsm) (Entered: 04/10/2002)

April 9, 2002

April 9, 2002

SUBMITTED to Mag Judge Gerrilyn G. Brill on [19-1] motion for leave to file motion for sum.jgm. out of time (bsm) (Entered: 04/26/2002)

April 26, 2002

April 26, 2002

21

ORDER by Mag Judge Gerrilyn G. Brill GRANTING [19-1] motion for leave to file motion for sum.jgm. out of time; Clerk is directed to file the attached motion for summary judgment (cc) (ck) (Entered: 05/07/2002)

May 6, 2002

May 6, 2002

22

MOTION by Equal Employment for summary judgment with brief, statement of material facts, and relevant deposition excerpts in support. (Notice sent to counsel) (ck) (Entered: 05/07/2002)

May 6, 2002

May 6, 2002

Terminated submissions. (ck) (Entered: 05/07/2002)

May 6, 2002

May 6, 2002

23

MOTION by intervenor-plaintiffs to join plaintiff's motion for leave to file motion for sum.jgm. and motion for sum.jgm. with brief in support. (bsm) (Entered: 05/28/2002)

May 20, 2002

May 20, 2002

24

Attorney appearance for defendant by Timothy Winfred Bailey (bsm) (Entered: 05/28/2002)

May 28, 2002

May 28, 2002

25

Joint MOTION to extend time until 6/17/02 to respond to [22-1] motion for summary judgment (to GGB) (bsm) (Entered: 05/28/2002)

May 28, 2002

May 28, 2002

26

CONSENT ORDER by Mag Judge Gerrilyn G. Brill GRANTING [25-1] joint motion to extend time until 6/17/02 to respond to [22-1] motion for summary judgment, [22-1] motion for summary judgment to be submitted on 6/19/02 (cc) (bsm) (Entered: 05/30/2002)

May 28, 2002

May 28, 2002

27

Unopposed MOTION by defendant to extend time until 8/1/02 to respond to [22-1] motion for summary judgment with brief in support. (to GGB) (bsm) Modified on 06/12/2002 (Entered: 06/12/2002)

June 12, 2002

June 12, 2002

28

ORDER by Mag Judge Gerrilyn G. Brill GRANTING [27-1] motion to extend time until 8/1/02 to respond to [22-1] motion for summary judgment, [22-1] motion for summary judgment to be submitted on 8/3/02 (cc) (bsm) (Entered: 06/13/2002)

June 13, 2002

June 13, 2002

30

Notice of filing depositions by defendant. (bsm) (Entered: 08/02/2002)

Aug. 1, 2002

Aug. 1, 2002

31

Deposition of FLORA BARRIOS-GALINDO taken for defendant (bsm) (Entered: 08/02/2002)

Aug. 1, 2002

Aug. 1, 2002

32

Deposition of EDNA DIAZ taken for defendant (bsm) (Entered: 08/02/2002)

Aug. 1, 2002

Aug. 1, 2002

33

Deposition of YOSI MARTINEZ taken for defendant (bsm) (Entered: 08/02/2002)

Aug. 1, 2002

Aug. 1, 2002

SUBMITTED to Mag Judge Gerrilyn G. Brill on [23-1] motion to join plaintiff's motion for leave to file motion for sum.jgm. and motion for sum.jgm. and [22-1] motion for summary judgment (bsm) (Entered: 08/07/2002)

Aug. 7, 2002

Aug. 7, 2002

34

MOTION by plaintiff to strike [29-1] declarations of Haine Miller and Miguel Morales in toto and the inadmissible portions of the declaration of Michael M. Black with brief in support. (bsm) (Entered: 08/19/2002)

Aug. 16, 2002

Aug. 16, 2002

35

Reply brief to [22-1] motion for summary judgment . (bsm) (Entered: 08/19/2002)

Aug. 16, 2002

Aug. 16, 2002

36

Memorandum by defendant in opposition to [34-1] motion to strike [29- 1] declarations of Haine Miller and Miguel Morales in toto and the inadmissible portions of the declaration of Michael M. Black (bsm) (Entered: 08/30/2002)

Aug. 30, 2002

Aug. 30, 2002

SUBMITTED to Mag Judge Gerrilyn G. Brill on [34-1] motion to strike [29-1] declarations of Haine Miller and Miguel Morales in toto and the inadmissible portions of the declaration of Michael M. Black (file in chambers) (bsm) (Entered: 09/16/2002)

Sept. 16, 2002

Sept. 16, 2002

37

Reply brief to [34-1] motion to strike [29-1] declarations of Haine Miller and Miguel Morales in toto and the inadmissible portions of the declaration of Michael M. Black by plaintiff. (bsm) (Entered: 09/17/2002)

Sept. 16, 2002

Sept. 16, 2002

38

MOTION by plaintiff for leave to file supplemented reply brief in support of motion to strike declarations with proposed supplemented reply brief (bsm) (Entered: 09/17/2002)

Sept. 17, 2002

Sept. 17, 2002

39

ORDER & NON-FINAL REPORT AND RECOMMENDATION by Mag Judge Gerrilyn G. Brill GRANTING [23-1] motion to join plaintiff's motion for leave to file motion for sum.jgm. and motion for sum.jgm., GRANTING IN PART AND DENYING IN PART [34-1] motion to strike [29-1] declarations of Haine Miller and Miguel Morales, GRANTING [38-1] motion for leave to file supplemented reply brief in of motion to strike declarations, RECOMMEND DENYING [22-1] motion for summary judgment; if plaintiff wishes to pursue sanctions against defendant, affidavit and supporting argument due w/in 20 days of date of this order, defendant will have 10 days thereafter to respond, with order for service ( Submission of RR due 11/5/02 ) (bsm) (Entered: 10/02/2002)

Oct. 1, 2002

Oct. 1, 2002

40

MOTION by plaintiff for sanctions with brief in support. (bsm) (Entered: 10/09/2002)

Oct. 8, 2002

Oct. 8, 2002

41

Itemization of expenses incurred in moving for sum.jgm. by plaintiff. (bsm) (Entered: 10/09/2002)

Oct. 8, 2002

Oct. 8, 2002

42

Notice of withdrawal of Cynthia L. Montgomery as counsel for plaintiff. (bsm) (Entered: 10/15/2002)

Oct. 15, 2002

Oct. 15, 2002

43

Response by defendant in opposition to [40-1] motion for sanctions (bsm) (Entered: 10/29/2002)

Oct. 28, 2002

Oct. 28, 2002

44

Certification of Consent to Substitution of Counsel for Equal Employment, Steven Mark Tapper replacing Cynthia Leigh Montgomery and Charles T. Bell (bsm) (Entered: 10/30/2002)

Oct. 30, 2002

Oct. 30, 2002

SUBMITTED to Mag Judge Gerrilyn G. Brill on [41-1] file notice of expenses incurred and [40-1] motion for sanctions (bsm) (Entered: 11/02/2002)

Nov. 2, 2002

Nov. 2, 2002

SUBMITTED to Judge G. E. Tidwell on [39-1] report & recommendation and [22-1] motion for summary judgment (bsm) (Entered: 11/13/2002)

Nov. 13, 2002

Nov. 13, 2002

45

REPLY by plaintiff to response to [40-1] motion for sanctions (bsm) (Entered: 11/13/2002)

Nov. 13, 2002

Nov. 13, 2002

46

ORDER by Judge G. E. Tidwell ADOPTING [39-1] report & recommendation as the order of this court DENYING [22-1] motion for summary judgment by Equal Employment (cc) (bsm) (Entered: 11/15/2002)

Nov. 14, 2002

Nov. 14, 2002

47

ORDER by Mag Judge Gerrilyn G. Brill, parties ORDERED to file proposed consolidated pretrial order w/in 10 days of receipt of this order , [47-1] order to be submitted on 2/13/03 if pretrial order not received (cc) (bsm) (Entered: 01/16/2003)

Jan. 15, 2003

Jan. 15, 2003

48

Joint MOTION to extend time to file pretrial order with proposed order (to GGB) (bsm) (Entered: 01/28/2003)

Jan. 27, 2003

Jan. 27, 2003

49

CONSENT ORDER by Mag Judge Gerrilyn G. Brill GRANTING [48-1] joint motion to extend time to file pretrial order, pre-trial order due on 2/7/03 (cc) (bsm) (Entered: 01/31/2003)

Jan. 30, 2003

Jan. 30, 2003

Proposed pre-trial order received (to GGB) (ck) (Entered: 02/10/2003)

Feb. 7, 2003

Feb. 7, 2003

Proposed consent decree by plaintiff Equal Employment, and defendant Marvin Black & Assoc. (to GET) (slc) (Entered: 02/14/2003)

Feb. 13, 2003

Feb. 13, 2003

50

CONSENT DECREE in settlement & compromise of disputed claims of alleged retaliation. Defendant, in settlement, shall provide Plaintiff- Intervenors a total of $20,000.00, divided as follows: $10,000.00 to Egna Diaz; $3,333.34 to Yosi Martinez; $3,333.33 to Aracely De La Paz Lopez; and $3,333.33 to Flora Barrios-Galindo. Payment is to be maid in one cashier's check to Hinton & Powell & the plaintiff-intervenors on or before 2/17/03. (cc) (ck) (Entered: 02/24/2003)

Feb. 19, 2003

Feb. 19, 2003

Case terminated. (ck) (Entered: 02/24/2003)

Feb. 19, 2003

Feb. 19, 2003

Terminated submissions. (ck) (Entered: 02/24/2003)

Feb. 19, 2003

Feb. 19, 2003

Completed referral to Mag Judge Gerrilyn G. Brill (ck) (Entered: 02/24/2003)

Feb. 19, 2003

Feb. 19, 2003

Case Details

State / Territory: Georgia

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 29, 2000

Closing Date: Feb. 19, 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

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

Plaintiff Type(s):

EEOC Plaintiff

Private Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Marvin Black & Associates, 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:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 20000

Order Duration: 2003 - 2005

Content of Injunction:

Neutral/Positive Reference

Monitoring

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Issues

General:

Disparate Treatment

Discrimination-area:

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit