Case: EEOC v. Wheelers Of Carrollton, Inc.

4:00-cv-00286 | U.S. District Court for the Northern District of Georgia

Filed Date: Sept. 29, 2000

Closed Date: Oct. 25, 2003

Clearinghouse coding complete

Case Summary

The EEOC's Atlanta district office sued Wheelers of Carrollton, Inc. on September 29, 2000 in the U.S. District Court for the Northern District of Georgia. The docket is the only document available for this case, so the EEOC's causes of action are unknown. The defendant filed a motion for summary judgment in November 2001, and it was granted in part, denied in part in July 2002. The parties entered into a 12 month consent decree on October 25, 2002, the contents of which are unknown.

Summary Authors

Aaron Weismann (6/19/2007)

Documents in the Clearinghouse

Document

4:00-cv-00286

Docket (PACER)

EEOC v. Wheeler's, Inc.

Oct. 25, 2002

Oct. 25, 2002

Docket

Resources

Docket

Last updated Aug. 13, 2022, 3:18 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed and summons(es) issued. Consent form to proceed before U.S. magistrate and pretrial instructions sent to attorney; jury demand (pag) (Entered: 09/29/2000)

Sept. 29, 2000

Sept. 29, 2000

2

ANSWERS TO MANDATORY DISCLOSURES by plaintiff (pag) (Entered: 09/29/2000)

Sept. 29, 2000

Sept. 29, 2000

3

ANSWER by defendant to complaint [1-1] Discovery ends 5/3/01 (pag) (Entered: 12/05/2000)

Dec. 4, 2000

Dec. 4, 2000

5

Joint MOTION by plaintiff Equal Employment, defendant Wheeler's to amend caption and correct name of defendant (dd) (Entered: 12/29/2000)

Dec. 29, 2000

Dec. 29, 2000

6

CONSENT ORDER by Judge Harold L. Murphy GRANTING [5-1] joint motion to amend caption and correct name of defendant (cc) (dd) (Entered: 12/29/2000)

Dec. 29, 2000

Dec. 29, 2000

Added attorney for plaintiff Equal Employment : Isaiah D. Delemar. (dd) (Entered: 12/29/2000)

Dec. 29, 2000

Dec. 29, 2000

7

Preliminary Statement and Scheduling Order. (to judge) (bj) (Entered: 01/03/2001)

Jan. 3, 2001

Jan. 3, 2001

ENDORSED ORDER by Judge Harold L. Murphy APPROVING [7-1] preliminary planning report & scheduling order. (cc) (bj) (Entered: 01/04/2001)

Jan. 3, 2001

Jan. 3, 2001

8

CONSENT MOTION by parties to extend time to August 1,2001 to file discovery with proposed order. (pag) (Entered: 04/18/2001)

April 18, 2001

April 18, 2001

9

ORDER by Judge Harold L. Murphy GRANTING [8-1] motion to extend time to August 1,2001 to file discovery, Discovery ends 8/1/01 (cc) (pag) (Entered: 04/18/2001)

April 18, 2001

April 18, 2001

Added attorney for plaintiff: Charles T. Bell Jr.. (pag) (Entered: 04/18/2001)

April 18, 2001

April 18, 2001

10

Waiver of service of summons dated 10/25/00 by defendant Wheeler's, Inc. (dd) (Entered: 06/11/2001)

June 11, 2001

June 11, 2001

11

CONSENT MOTION by parties to extend time to 10-1-2001 for discovery with proposed order. (pag) (Entered: 07/20/2001)

July 20, 2001

July 20, 2001

12

ORDER by Judge Harold L. Murphy GRANTING [11-1] motion to extend time to 10-1-2001 for discovery, Discovery ends 10/1/01 (cc) (pag) (Entered: 07/23/2001)

July 23, 2001

July 23, 2001

13

Joint Consent MOTION by parties to extend time to 11-01-2001 for discovery with proposed order. (pag) (Entered: 09/28/2001)

Sept. 28, 2001

Sept. 28, 2001

14

ORDER by Judge Harold L. Murphy GRANTING [13-1] joint motion to extend time to 11-01-2001 for discovery, Discovery ends 11/1/01 (cc) (pag) (Entered: 10/01/2001)

Oct. 1, 2001

Oct. 1, 2001

Added attorney for plaintiff Equal Employment : S. Robert Royal, Cynthia Leigh Montgomery. (pag) (Entered: 10/01/2001)

Oct. 1, 2001

Oct. 1, 2001

Letter to Attorney R. David Ware excusing him from a personal appearance before the Court for the periods 12/1701-12/28/01; 1/7/02-1/18/02 and 4/15/02-4/26/02. (dd) (Entered: 10/11/2001)

Oct. 11, 2001

Oct. 11, 2001

15

MOTION by plaintiff Equal Employment to compel discovery responses , and for sanctions , and to extend time for an additional 45 days for discovery with brief in support. (dd) (Entered: 10/24/2001)

Oct. 24, 2001

Oct. 24, 2001

16

MOTION by plaintiff Equal Employment to compel entry on land for inspection with brief in support. (dd) (Entered: 10/25/2001)

Oct. 25, 2001

Oct. 25, 2001

18

Attorney appearance for plaintiff Equal Employment by James Douglas Macy (dd) (Entered: 11/01/2001)

Nov. 1, 2001

Nov. 1, 2001

19

Response by dft to pla's [16-1] motion to compel entry on land for inspection (bj) (Entered: 11/02/2001)

Nov. 2, 2001

Nov. 2, 2001

20

SUPPLEMENTAL ANSWERS TO INITIAL DISCLOSURES by plaintiff Equal Employment (dd) (Entered: 11/02/2001)

Nov. 2, 2001

Nov. 2, 2001

21

Response by defendant to pla's [15-1] motion to compel discovery responses, [15-2] motion for sanctions, [15-3] motion to extend time for an additional 45 days for discovery period. (pag) (Entered: 11/06/2001)

Nov. 6, 2001

Nov. 6, 2001

22

Response by plaintiff Equal Employment in opposition to [17-1] motion for protective order that the deposition of Sandra Stewart not be taken (dd) (Entered: 11/08/2001)

Nov. 8, 2001

Nov. 8, 2001

SUBMITTED to Judge Harold L. Murphy on [15-1] motion to compel discovery responses, [15-2] motion for sanctions, [15-3] motion to extend time for an additional 45 days for discovery, [21-1] oppose/response (dd) (Entered: 11/14/2001)

Nov. 14, 2001

Nov. 14, 2001

SUBMITTED to Judge Harold L. Murphy on [16-1] motion to compel entry on land for inspection, [19-1] oppose/ response (dd) (Entered: 11/14/2001)

Nov. 14, 2001

Nov. 14, 2001

SUBMITTED to Judge Harold L. Murphy on [17-1] motion for protective order that the deposition of Sandra Stewart not be taken, [22-1] oppose/response (dd) (Entered: 11/16/2001)

Nov. 16, 2001

Nov. 16, 2001

23

Reply brief by plaintiff Equal Employment in support of [16-1] motion to compel entry on land for inspection (dd) (Entered: 11/20/2001)

Nov. 20, 2001

Nov. 20, 2001

24

Reply brief by pla in support of its [15-1] motion to compel discovery responses, [15-2] motion for sanctions, [15-3] motion to extend time for an additional 45 days for discovery (bj) (Entered: 11/23/2001)

Nov. 21, 2001

Nov. 21, 2001

25

MOTION by dft for summary judgment with memorandum of law in support & stmt of undisputed facts. (bj) (Entered: 11/23/2001)

Nov. 21, 2001

Nov. 21, 2001

26

Notice of filing original discovery (deposition) by defendant. (bj) (Entered: 11/23/2001)

Nov. 21, 2001

Nov. 21, 2001

Deposition of FRANK PEYTON taken for defendant (bj) (Entered: 11/23/2001)

Nov. 21, 2001

Nov. 21, 2001

27

Notice of filing relevant deposition excerpts & other materials in support of sum jgm by defendant. (bj) (Entered: 11/23/2001)

Nov. 21, 2001

Nov. 21, 2001

28

Notice of filing request for pla to file original discovery by defendant. (bj) (Entered: 11/23/2001)

Nov. 21, 2001

Nov. 21, 2001

Steno notes of proceedings held 11/28/01 before Judge Harold L. Murphy , by Court Reporter Dennis J. Reidy. (pag) (Entered: 11/28/2001)

Nov. 28, 2001

Nov. 28, 2001

30

ORDER by Judge Harold L. Murphy GRANTING IN PART AND DENYING IN PART pla's [15-1] motion to compel discovery responses, [15-2] motion for sanctions & [15-3] motion to extend time for an additional 45 days for discovery, GRANTING pla's [16-1] motion to compel entry on land for inspection & DENYING dft's [17-1] motion for protective order. Discovery ends 1/15/02 (cc) (bj) (Entered: 11/29/2001)

Nov. 29, 2001

Nov. 29, 2001

31

Original declarations of Frank Shropshire and Michael Bryan copies of which were filed as Tabs 7 and 8 to Defendant Wheeler's, Inc.'s Relevant Deposition Excerpts and Other Material In Support ofSummary Judgement for filing in connection with the above referenced matter by defendant Wheeler's, Inc. [27-1] (dd) Modified on 12/03/2001 (Entered: 12/03/2001)

Nov. 30, 2001

Nov. 30, 2001

32

MOTION by plaintiff to extend time to 2-1-2002 in which to respond to dft's [25-1] motion for summary judgment with brief in support with exhibits (affidavit of Judy Whitening and Cynthia L. Montgomery). ( no order presented) (pag) (Entered: 12/04/2001)

Dec. 4, 2001

Dec. 4, 2001

33

Response & Objections by defendant to pla's [32-1] motion to extend time to 2-1-2002 in which to respond to dft's [25-1] motion for summary judgment (pag) (Entered: 12/12/2001)

Dec. 12, 2001

Dec. 12, 2001

34

Notice of intent to comply with Court's order of 11-28-2001 regarding entry upon land by Wheeler's, Inc. (pag) (Entered: 12/13/2001)

Dec. 13, 2001

Dec. 13, 2001

SUBMITTED to Judge Harold L. Murphy on [32-1] motion to extend time to 2-1-2002 in which to respond to dft's [25-1] motion for summary judgment, [31-1] (dd) (Entered: 12/18/2001)

Dec. 18, 2001

Dec. 18, 2001

35

ORDER by Judge Harold L. Murphy, extending time thru 2/2/02 for pla to respond to dft's motion for summary judgment and directs pla to respond within that time (cc) (dd) (Entered: 12/19/2001)

Dec. 19, 2001

Dec. 19, 2001

Terminated submissions. (dd) (Entered: 12/19/2001)

Dec. 19, 2001

Dec. 19, 2001

36

MOTION by pla for sanctions against dft for non-compliance w/court's order with brief in support. (bj) (Entered: 12/24/2001)

Dec. 24, 2001

Dec. 24, 2001

37

Response by defendant to pla's [36-1] motion for sanctions against dft for non-compliance w/court's order with brief in support. (pag) Modified on 01/08/2002 (Entered: 01/08/2002)

Jan. 8, 2002

Jan. 8, 2002

SUBMITTED to Judge Harold L. Murphy on [36-1] motion for sanctions against dft for non-compliance w/court's order, with [37-1] response (bj) (Entered: 01/16/2002)

Jan. 16, 2002

Jan. 16, 2002

38

Reply Brief by plaintiff in support of its [36-1] motion for sanctions against dft for non-compliance w/court's order (pag) (Entered: 01/24/2002)

Jan. 23, 2002

Jan. 23, 2002

39

TELE-CONFERENCE HELD before Judge Harold L. Murphy in re [36-1] motion for sanctions against dft for non-compliance w/court's order. Written order to follow. (bj) (Entered: 01/29/2002) sanctions against dft for non-compliance w/court's order; Reopens discovery period for 30 days from 1/29/02; Discovery ends 3/4/02 Ct extends the time for pla to respond to dft's [25-1] motion for summary judgment 20 days after discovery expires . [25-1] motion for summary judgment to be submitted on 3/26/02 (cc) (bj) (Entered: 01/29/2002)

Jan. 29, 2002

Jan. 29, 2002

Steno notes of proceedings held 1/29/02 before Judge Harold L. Murphy , by Court Reporter Dennis J. Reidy. (klb) (Entered: 01/29/2002)

Jan. 29, 2002

Jan. 29, 2002

41

SECOND SUPPLEMENTAL ANSWERS TO INITIAL DISCLOSURES by plaintiff Equal Employment (klb) (Entered: 01/30/2002)

Jan. 30, 2002

Jan. 30, 2002

42

Notice to substitute attorney terminating attorney James Douglas Macy for Equal Employment and adding Steven Mark Tapper (pag) (Entered: 02/19/2002)

Feb. 15, 2002

Feb. 15, 2002

43

MOTION by plaintiff for 20 day extension of discovery and to toll ddl for sum/jgm response with Brief in support. (bjj) (Entered: 03/01/2002)

March 1, 2002

March 1, 2002

CASE REFERRED to Mag Judge Walter E. Johnson (Calendar sheets forwarded) (aar) (Entered: 03/26/2002)

March 26, 2002

March 26, 2002

44

ORDER by Mag Judge Walter E. Johnson: GRANTING [43-1] motion for 20 day extension of discovery; GRANTING [43-2] motion toll ddl for sum/jgm response; [25-1] motion for summary judgment to be submitted on 4/10/02 (cc) (bjj) (Entered: 03/27/2002)

March 27, 2002

March 27, 2002

Steno notes of proceedings held 4/2/02 before Mag Judge Walter E. Johnson; by Court Reporter: Dennis J. Reidy. (bjj) (Entered: 04/03/2002)

April 2, 2002

April 2, 2002

45

TELE-CONFERENCE HELD before Mag Judge Walter E. Johnson in re of pending motion and discovery; written order to follow. (bjj) (Entered: 04/03/2002)

April 2, 2002

April 2, 2002

Oral MOTION by plaintiff Equal Employment to compel discovery (bjj) (Entered: 04/03/2002)

April 2, 2002

April 2, 2002

46

ORDER by Mag Judge Walter E. Johnson: DENYING oral [0-0] motion to compel discovery by pla, Discovery ends 4/4/02 , extending time for pla's response to deft's [25-1] motion for summary judgment , [25-1] motion for summary judgment to be submitted on 4/18/02 (cc) (bjj) (Entered: 04/03/2002)

April 3, 2002

April 3, 2002

47

MOTION by plaintiff to extend length of pla's response brief to deft's motion for sum/jgm ; prop Brief in Opposition submitted herewith. (bjj) (Entered: 04/19/2002)

April 18, 2002

April 18, 2002

48

Response by plaintiff to deft's [25-1] stmt of undisputed facts, filed with the motion for summary judgment. (bjj) (Entered: 04/19/2002)

April 18, 2002

April 18, 2002

49

STATEMENT of Material Facts to Which There Exists a Genuine Issue to be Tried, filed by plaintiff Equal Employment. (bjj) (Entered: 04/19/2002)

April 18, 2002

April 18, 2002

50

Notice of Filing Original Discovery (Depositions) by plaintiff. (bjj) Modified on 04/22/2002 (Entered: 04/19/2002)

April 18, 2002

April 18, 2002

51

Notice of Request by plaintiff to have deft file original discovery of Andres Martinez. (bjj) (Entered: 04/22/2002)

April 18, 2002

April 18, 2002

52

MOTION by plaintiff to amend brief in opposition to deft's motion for sum/jgm to include a citation omitted (leave to file said brief is pending) (bjj) (Entered: 04/19/2002)

April 19, 2002

April 19, 2002

53

ORDER by Mag Judge Walter E. Johnson GRANTING pla's [47-1] motion to extend length of pla's response brief in opposition to deft's motion for sum/jgm (cc) (pag) (Entered: 04/22/2002)

April 22, 2002

April 22, 2002

54

Brief with exhibits by plaintiff in opposition to dft's [25-1] motion for summary judgment (pag) (Entered: 04/22/2002)

April 22, 2002

April 22, 2002

55

ORDER by Mag Judge Walter E. Johnson: GRANTING [52-1] motion to amend brief in opposition to deft's motion for sum/jgm include a citation omitted (cc) (bjj) (Entered: 04/25/2002)

April 24, 2002

April 24, 2002

56

Notice of Filing by pla of SEALED copy of Errata Sheet for second Volume of Deposition of Frank Shropshire. (bjj) (Entered: 04/25/2002)

April 24, 2002

April 24, 2002

57

Errata Sheet filed by plaintiff regarding [56-1] Notice and [0-0] Deposition of Frank Shropshire, Second Volume. (bjj) (Entered: 04/25/2002)

April 24, 2002

April 24, 2002

58

MOTION by plaintiff to enforce subpoena to compel attendence of non-pty witness for deposition with memorandum of law in support. (bj) (Entered: 05/01/2002)

April 29, 2002

April 29, 2002

59

Reply by defendant Wheeler's, Inc. to pla's [54-1] brief in opposition to dft Wheeler's,[25-1] motion for summary judgment (pag) (Entered: 05/06/2002)

May 6, 2002

May 6, 2002

60

Reply by defendant Wheeler's, Inc. to pla's [54-1] response, to dft Wheeler's [25-1] statement of undisputed facts in support of sum jgm. (pag) (Entered: 05/06/2002)

May 6, 2002

May 6, 2002

61

Response by defendant Wheeler's, Inc. to pla's [25-1] statement of mat facts to which there exists a genuine issue to be tried. (pag) (Entered: 05/06/2002)

May 6, 2002

May 6, 2002

62

Notice of filing supplemental relevant deposition excerts & other material in support of sum jgm by defendant Wheeler's, Inc. . (pag) (Entered: 05/06/2002)

May 6, 2002

May 6, 2002

63

Notice of filing original deposition of Andreas Martinez by defendant Wheeler's, Inc. . (pag) Modified on 05/07/2002 (Entered: 05/07/2002)

May 6, 2002

May 6, 2002

64

Deposition of Andreas Martinez taken for defendant Wheeler's, Inc. (pag) (Entered: 05/07/2002)

May 6, 2002

May 6, 2002

65

MOTION by plaintiff for leave to file sur-reply brief with prop sur-reply brief att'd as exhibit 1. (bjj) (Entered: 05/21/2002)

May 20, 2002

May 20, 2002

66

REPORT AND RECOMMENDATION by Mag Judge Walter E. Johnson: RECOMMENDS that deft's [25-1] motion for sum/jgm be GRANTED in part as to the Peyton retaliation claim and DENIED in part as to the pay discrimination claim ; with order for service. (Submission of RR due 6/17/02) (cc by Mag) (bjj) Modified on 06/14/2002 (Entered: 05/31/2002)

May 31, 2002

May 31, 2002

SUBMITTED to Mag Judge Walter E. Johnson on [65-1] motion for leave to file sur-reply brief (bj) (Entered: 06/11/2002)

June 11, 2002

June 11, 2002

67

Objections In Part by deft to Mag. Judge's [66-1] report & recommendation. (bjj) (Entered: 06/13/2002)

June 13, 2002

June 13, 2002

68

Objections by pla to [66-1] report & recommendation. (bjj) (Entered: 06/14/2002)

June 14, 2002

June 14, 2002

SUBMITTED to Mag Judge Walter E. Johnson on [65-1] motion for leave to file sur-reply brief (bj) (Entered: 06/17/2002)

June 17, 2002

June 17, 2002

69

ORDER by Mag Judge Walter E. Johnson: DENYING as MOOT pla's [65-1] motion for leave to file sur-reply brief by Equal Employment; GRANTING pla's [58-1] motion to enforce subpoena to compel attendence of non-pty witness for deposition. (cc served by Mag) (bjj) (Entered: 06/19/2002)

June 17, 2002

June 17, 2002

70

MOTION by pla for leave to file Amended Objections to Mag's R & R ; Amended Objections submitted herewith. (bjj) (Entered: 06/20/2002)

June 19, 2002

June 19, 2002

SUBMITTED to Judge Harold L. Murphy on [66-1] report & recommendation, with [67-1] objections, [68-1] objections (bj) (Entered: 06/20/2002)

June 20, 2002

June 20, 2002

Terminated submissions. (bj) (Entered: 06/20/2002)

June 20, 2002

June 20, 2002

71

Reply by Wheeler's, Inc. to EEOC'S [68-1] objection to Mag. report & receommendation. (pag) (Entered: 06/25/2002)

June 24, 2002

June 24, 2002

72

Response by pla to deft's [67-1] objection to [66-1] report & recommendation. (bjj) (Entered: 06/26/2002)

June 26, 2002

June 26, 2002

SUBMITTED to Judge Harold L. Murphy on [70-1] motion for leave to file Amended Objections to Mag's R & R (bj) (Entered: 07/12/2002)

July 12, 2002

July 12, 2002

73

ORDER by Judge Harold L. Murphy GRANTING IN PART AND DENYING IN PART dft's [25-1] motion for summary judgment; (Grants as to claim of retaliation asserted on behalf of Mr. Frank Peyton & denies w/respect to pla's pay discrimination claim) Court ADOPTING Mag Judge's [66-1] report & recommendation as the order of this court; OVERRULES dft's [67-1] objections & pla's [68-1] objections; GRANTING pla's [70-1] motion for leave to file Amended Objections to Mag's R & R. PTO due w/in 30 days. Clk to place case on next available trial calendar. pre-trial order due on 8/16/02 (cc) (bj) (Entered: 07/17/2002)

July 17, 2002

July 17, 2002

74

MOTION by plaintiff to extend time to file a prop consolidated pto ; w/Brief in support. (bjj) (Entered: 08/08/2002)

Aug. 7, 2002

Aug. 7, 2002

75

ORDER by Judge Harold L. Murphy: GRANTING pla's [74-1] motion to extend time to file a prop consolidated pto; pre-trial order due on 9/13/02 (cc) (bjj) (Entered: 08/16/2002)

Aug. 16, 2002

Aug. 16, 2002

Proposed consolidated pretrial order. (bjj) (Entered: 09/13/2002)

Sept. 13, 2002

Sept. 13, 2002

Terminated submissions. (bjj) (Entered: 09/13/2002)

Sept. 13, 2002

Sept. 13, 2002

76

MOTION by defendant in limine to strike witnesses form pla's witness list ; w/Memo in support. (bjj) (Entered: 10/10/2002)

Oct. 10, 2002

Oct. 10, 2002

77

MOTION by defendant in limine to exclude evidence w/Memo in support. (bjj) (Entered: 10/11/2002)

Oct. 10, 2002

Oct. 10, 2002

78

Notice of Withdrawl of Counsel by Cynthia L. Montgomery, Atty for plaintiff Equal Employment Opportunity Comm. (bjj) (Entered: 10/17/2002)

Oct. 16, 2002

Oct. 16, 2002

79

PRE-TRIAL CONFERENCE HELD before Judge Harold L. Murphy; Ct deferred motion in limine; case will be 1 on calendar for 10/28/02. (bj) (Entered: 10/17/2002)

Oct. 17, 2002

Oct. 17, 2002

80

Attorney appearance for plaintiff by William A. Cash Jr. (pag) (Entered: 10/18/2002)

Oct. 17, 2002

Oct. 17, 2002

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: Oct. 25, 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

MALDEF

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Wheeler's, Inc., Private Entity/Person

Case Details

Availably Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2002 - 2003

Issues

General:

Disparate Treatment

EEOC-centric:

Direct Suit on Merits