Case: EEOC v. LIBERTY COMMONS NURSING CENTER

7:02-cv-00005 | U.S. District Court for the Eastern District of North Carolina

Filed Date: Jan. 8, 2002

Closed Date: 2003

Clearinghouse coding complete

Case Summary

The Raleigh Area Office of the EEOC filed a suit against Liberty Commons Nursing Center, Inc., in January of 2002, in the U.S. District Court for the Eastern District of North Carolina. The suit alleged a violation of Title VII, for inappropriate sexual advances and touching of a group of female employees, two of which are named in the complaint and one intervened, and for retaliation against one of the complainants. The case was resolved in February of 2003 by a consent decree.

The consent decree contained both monetary and injunctive relief. The two named complainants received a total of $50,000, with $45,000 going to the woman who was retaliated against. The injunctive relief consisted of developing an anti-discrimination policy, posting notice of this suit, and training each manager annually. The complainants were to have this suit and their complaints removed from their employment records.

Summary Authors

Alex Bean (7/30/2007)

Documents in the Clearinghouse

Document

7:02-cv-00005

Docket [PACER]

EEOC v. Liberty Commons Nursing Center, Inc.

March 25, 2003

March 25, 2003

Docket
1

7:02-cv-00005

Complaint

EEOC v. Liberty Commons Nursing Center, Inc.

Jan. 8, 2002

Jan. 8, 2002

Complaint
10

7:02-cv-00005

Intervenor-Plaintiff's Complaint (Maria A. Withey)

EEOC v. Liberty Commons Nursing Center, Inc.

March 13, 2002

March 13, 2002

Complaint
32

7:02-cv-00005

Consent Decree

EEOC v. Liberty Commons Nursing Center, Inc.

Feb. 26, 2003

Feb. 26, 2003

Settlement Agreement

Resources

Docket

Last updated Aug. 31, 2022, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

Complaint filed JURY TRIAL DEMANDED (se) (Entered: 01/09/2002)

Jan. 8, 2002

Jan. 8, 2002

(se) (Entered: 01/09/2002)

Jan. 8, 2002

Jan. 8, 2002

2

Motion by Maria A. Withey to intervene by Maria A. Withey with proposed intervenor-plaintiff's complaint attached (se) (Entered: 01/30/2002)

Jan. 30, 2002

Jan. 30, 2002

3

Memorandum by Maria A. Withey in support of [2-1] motion to intervene by Maria A. Withey (se) (Entered: 01/30/2002)

Jan. 30, 2002

Jan. 30, 2002

4

Waiver of Service Returned Executed as to Liberty Commons Nursing Center 1/8/02 Answer due on 3/9/02 for Liberty Commons Nursing Center (se) (Entered: 02/19/2002)

Feb. 14, 2002

Feb. 14, 2002

5

Response by Liberty Commons Nursing Center in opposition to [2-1] motion to intervene by Maria A. Withey (se) (Entered: 02/20/2002)

Feb. 20, 2002

Feb. 20, 2002

6

Notice of Filing by Liberty Commons Nursing Center of the affidavit of James Steele in support of the response to pltf's motion to intervene located at docket entry [5-1]. (se) (Entered: 02/20/2002)

Feb. 20, 2002

Feb. 20, 2002

7

Reply by Equal Employment Opportunity to response to [2-1] motion to intervene by Maria A. Withey (se) (Entered: 03/01/2002)

Feb. 28, 2002

Feb. 28, 2002

Motion(s) submitted: [2-1] motion to intervene by Maria A. Withey submitted to Senior Judge James C. Fox for consideration. (fdc) (Entered: 03/04/2002)

March 4, 2002

March 4, 2002

8

Answer to Complaint by Liberty Commons Nursing Center, Inc. (se) (Entered: 03/13/2002)

March 8, 2002

March 8, 2002

9

Order granting [2-1] motion to intervene by Maria A. Withey signed by Senior Judge James C. Fox. OB Ref: FOXOB#25, pg. 164, cc:counsel. (se) (Entered: 03/13/2002)

March 13, 2002

March 13, 2002

10

Intervenor's complaint by Maria A. Withey against Liberty Commons Nursing Center, Inc., cc:counsel first page of this pleading to indicate the file date (se) (Entered: 03/13/2002)

March 13, 2002

March 13, 2002

11

Answer by Liberty Commons Nursing Center to [10-1] intervenor complaint (se) (Entered: 04/02/2002)

April 2, 2002

April 2, 2002

12

Request for Discovery Plan: Discovery Plan due by 5/17/02 (se) (Entered: 04/03/2002)

April 3, 2002

April 3, 2002

13

Discovery Plan filed by Equal Employment Opp, Liberty Commons Nurs, Maria A. Withey (se) (Entered: 05/06/2002)

May 3, 2002

May 3, 2002

Case submitted to: USMJ William N. Mason [13-1] discovery submitted for an order on scheduling. (se) (Entered: 05/06/2002)

May 6, 2002

May 6, 2002

CASE FILE RETURNED from: USMJ William N. Mason (se) (Entered: 05/09/2002)

May 9, 2002

May 9, 2002

14

Order on Scheduling by Magistrate William N. Mason setting Discovery cutoff 12/16/02 Deadline for filing of all motions 1/16/03 Jury Trial scheduled for 6/23/03 before Judge James C. Fox Place: Wilmington, NC, cc:counsel, S. Enyart, C. Morgan, S. Cannon (se) (Entered: 05/09/2002)

May 9, 2002

May 9, 2002

15

Motion by Liberty Commons Nursing Center, Inc. to extend time to respond to EEOC's first request for production of documents and first request for admissions with consent and a proposed order. (se) (Entered: 06/11/2002)

June 10, 2002

June 10, 2002

16

Order granting [15-1] motion to extend time to respond to EEOC's first request for production of documents and first request for admissions signed by Susan Enyart, Deputy Clerk. CC:counsel. (se) (Entered: 06/11/2002)

June 11, 2002

June 11, 2002

17

Motion by Liberty Commons Nursing Center to amend [8-1] answer, [11-1] intervenor answer by adding affirmative defenses (se) (Entered: 07/01/2002)

July 1, 2002

July 1, 2002

18

Memorandum by Liberty Commons Nursing Center, Inc. in support of [17-1] motion to amend [8-1] answer, [11-1] intervenor answer by adding affirmative defenses (se) (Entered: 07/01/2002)

July 1, 2002

July 1, 2002

19

Joint Motion by Equal Employment Opp, Liberty Commons Nursing, Maria A. Withey to amend [14-1] Scheduling order in order to extend time to designate experts. All parties consent to motion. Proposed order attached. (fdc) (Entered: 08/27/2002)

Aug. 27, 2002

Aug. 27, 2002

20

Order granting [17-1] motion to amend [8-1] answer, [11-1] intervenor answer by adding affirmative defenses ; The deft. is ordered to file their amended answer to both the complaint and the intervenor-pltf complaint within 10 days of filing of this order. Response to Order due 9/12/02 signed by USMJ William N. Mason. OB Ref: MASONOB#5, pg. 169, cc:counsel. (se) (Entered: 08/29/2002)

Aug. 29, 2002

Aug. 29, 2002

21

Order granting [19-1] motion to amend [14-1] Scheduling order signed by USMJ William N. Mason. OB Ref: MASONOB#5, pg. 170, cc:counsel. (se) (Entered: 08/29/2002)

Aug. 29, 2002

Aug. 29, 2002

22

Document filed by defendant Liberty Commons Nursing titled: Notice of Amended Answer to Intervenor-Plaintiff's Complaint (se) Modified on 09/06/2002 (Entered: 09/06/2002)

Sept. 4, 2002

Sept. 4, 2002

23

Amended Answer to Complaint by Liberty Commons Nursing : amends [11-1] intervenor answer (se) (Entered: 09/06/2002)

Sept. 4, 2002

Sept. 4, 2002

24

Document filed by defendant Liberty Commons Nursing titled: Notice of Amended Answer to Plaintiff's Complaint (se) (Entered: 09/06/2002)

Sept. 4, 2002

Sept. 4, 2002

25

Amended Answer to Complaint by Liberty Commons Nursing : amends [8-1] answer (se) (Entered: 09/06/2002)

Sept. 4, 2002

Sept. 4, 2002

26

Joint motion by Equal Employment Opp, Liberty Commons Nurs, Maria A. Withey to amend [14-1] Scheduling order by extending the discovery period and the date for filing dispositive motions with a proposed order (se) (Entered: 12/13/2002)

Dec. 13, 2002

Dec. 13, 2002

Motion(s) referred: referred [26-1] joint motion to amend [14-1] Scheduling order by extending the discovery period and the date for filing dispositive motions to USMJ William N. Mason (se) (Entered: 12/13/2002)

Dec. 13, 2002

Dec. 13, 2002

27

Order granting [26-1] joint motion to amend [14-1] Scheduling order by extending the discovery period and the date for filing dispositive motions, reset discovery due for 1/15/03 , reset motion filing deadline for 1/14/03 signed by USMJ William N. Mason. OB Ref: MASONOB#5, pg. 207 cc:counsel. (se) (Entered: 12/20/2002)

Dec. 20, 2002

Dec. 20, 2002

28

Document filed by defendant Liberty Commons Nursing Center titled: Subpoena in a Civil Case (se) (Entered: 01/07/2003)

Dec. 26, 2002

Dec. 26, 2002

29

Motion by Liberty Commons Nurs to compel , and for sanctions (le) (Entered: 01/08/2003)

Jan. 7, 2003

Jan. 7, 2003

30

Memorandum by Liberty Commons Nurs in support of [29-1] motion to compel, [29-2] motion for sanctions (le) (Entered: 01/08/2003)

Jan. 7, 2003

Jan. 7, 2003

31

Renewed Motion by Liberty Commons Nursing to compel , and for sanctions with supporting memoranda included within the motion (se) (Entered: 01/31/2003)

Jan. 31, 2003

Jan. 31, 2003

Informed by counsel that case has settled (se) (Entered: 02/21/2003)

Feb. 20, 2003

Feb. 20, 2003

Received the parties proposed consent decree. Will forward to Judge Fox for review and consideration. (se) (Entered: 02/21/2003)

Feb. 21, 2003

Feb. 21, 2003

Case submitted to: Senior Judge James C. Fox for review and consideration of the parties proposed consent decree. (se) (Entered: 02/21/2003)

Feb. 21, 2003

Feb. 21, 2003

CASE FILE RETURNED from: Senior Judge James C. Fox (se) (Entered: 02/26/2003)

Feb. 26, 2003

Feb. 26, 2003

32

Consent Order (Consent Decree); see order/decree for particulars; signed by Senior Judge James C. Fox. OB Ref: FOXOB#27, pg. 224, cc:counsel. (se) (Entered: 02/26/2003)

Feb. 26, 2003

Feb. 26, 2003

Case closed NP (se) (Entered: 02/26/2003)

Feb. 26, 2003

Feb. 26, 2003

33

Stipulation of dismissal with prejudice. CC:Senior Judge James C. Fox. (se) (Entered: 03/26/2003)

March 25, 2003

March 25, 2003

Case Details

State / Territory: North Carolina

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 8, 2002

Closing Date: 2003

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

Liberty Commons Nursing Center, Inc. (Wilmington, N.C.), Private Entity/Person

Case Details

Causes of Action:

State law

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: 50000

Order Duration: 2003 - 2006

Content of Injunction:

Discrimination Prohibition

Expungement of Employment Record

Develop anti-discrimination policy

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Reporting

Provide antidiscrimination training

Monitoring

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit