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)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/34064215/parties/equal-employment-v-wheelers-of/


Judge(s)

Murphy, Harold Lloyd (Georgia)

Attorney for Plaintiff

Bell, Charles T. (Georgia)

Cash, William A. (Georgia)

Delemar, Isaiah D. (Georgia)

Attorney for Defendant

Katze, Edward (Georgia)

Documents in the Clearinghouse

Documents in this case

4:00-cv-00286

Docket (PACER)

EEOC v. Wheeler's, Inc.

Oct. 25, 2002

Oct. 25, 2002

Docket

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/34064215/equal-employment-v-wheelers-of/

Last updated Sept. 29, 2026, 7:41 p.m.

Docket for: Equal Employment v. Wheeler's of
ECF Number Date Description Link
1 Sept. 29, 2000

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)

RECAP
2 Sept. 29, 2000

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

RECAP
3 Dec. 4, 2000

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

RECAP
4 Dec. 13, 2000

ANSWERS TO MANDATORY DISCLOSURES by defendant (bj) (Entered: 12/13/2000)

RECAP
5 Dec. 29, 2000

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

RECAP
6 Dec. 29, 2000

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)

RECAP
Dec. 29, 2000

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

PACER
Dec. 29, 2000

Added attorney for plaintiff Equal Employment : Isaiah D. Delemar. (dd)

7 Jan. 3, 2001

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

RECAP
Jan. 3, 2001

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

PACER
Jan. 3, 2001

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

8 April 18, 2001

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

RECAP
9 April 18, 2001

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)

RECAP
April 18, 2001

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

PACER
April 18, 2001

Added attorney for plaintiff: Charles T. Bell Jr.. (pag)

10 June 11, 2001

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

RECAP
11 July 20, 2001

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

RECAP
12 July 23, 2001

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)

RECAP
13 Sept. 28, 2001

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

RECAP
14 Oct. 1, 2001

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)

RECAP
Oct. 1, 2001

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

PACER
Oct. 1, 2001

Added attorney for plaintiff Equal Employment : S. Robert Royal, Cynthia Leigh Montgomery. (pag)

Oct. 11, 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)

PACER
Oct. 11, 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)

15 Oct. 24, 2001

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)

RECAP
16 Oct. 25, 2001

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

RECAP
17 Oct. 31, 2001

MOTION by defendant for protective order that the deposition of Sandra Stewart not be taken with memorandum in support with proposed order. (pag) (Entered: 10/31/2001)

RECAP
18 Nov. 1, 2001

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

RECAP
19 Nov. 2, 2001

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

RECAP
20 Nov. 2, 2001

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

RECAP
21 Nov. 6, 2001

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)

RECAP
22 Nov. 8, 2001

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)

RECAP
Nov. 14, 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)

PACER
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)

PACER
Nov. 14, 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)

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)

Nov. 16, 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)

PACER
Nov. 16, 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)

23 Nov. 20, 2001

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

RECAP
24 Nov. 21, 2001

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)

RECAP
25 Nov. 21, 2001

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

RECAP
26 Nov. 21, 2001

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

RECAP
27 Nov. 21, 2001

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

RECAP
28 Nov. 21, 2001

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

RECAP
Nov. 21, 2001

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

PACER
Nov. 21, 2001

Deposition of FRANK PEYTON taken for defendant (bj)

29 Nov. 28, 2001

TELE-CONFERENCE HELD before Judge Harold L. Murphy in re of pending motions regarding discovery. Written order to follow. (bj) (Entered: 11/29/2001)

RECAP
Nov. 28, 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)

PACER
Nov. 28, 2001

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

30 Nov. 29, 2001

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)

RECAP
31 Nov. 30, 2001

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)

RECAP
32 Dec. 4, 2001

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)

RECAP
33 Dec. 12, 2001

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)

RECAP
34 Dec. 13, 2001

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)

RECAP
Dec. 18, 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)

PACER
Dec. 18, 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)

35 Dec. 19, 2001

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)

RECAP
Dec. 19, 2001

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

PACER
Dec. 19, 2001

Terminated submissions. (dd)

36 Dec. 24, 2001

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

RECAP
37 Jan. 8, 2002

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)

RECAP
Jan. 16, 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)

PACER
Jan. 16, 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)

38 Jan. 23, 2002

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)

RECAP
39 Jan. 29, 2002

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)

RECAP
40 Jan. 29, 2002

ORDER by Judge Harold L. Murphy DENYING pla's [36-1] motion for 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)

RECAP
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)

PACER
Jan. 29, 2002

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

41 Jan. 30, 2002

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

RECAP
42 Feb. 15, 2002

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

RECAP
43 March 1, 2002

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)

RECAP
March 26, 2002

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

PACER
March 26, 2002

CASE REFERRED to Mag Judge Walter E. Johnson (Calendar sheets forwarded) (aar)

44 March 27, 2002

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)

RECAP
45 April 2, 2002

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)

RECAP
April 2, 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)

PACER
April 2, 2002

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

PACER
April 2, 2002

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

April 2, 2002

Oral MOTION by plaintiff Equal Employment to compel discovery (bjj)

46 April 3, 2002

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)

RECAP
47 April 18, 2002

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)

RECAP
48 April 18, 2002

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

RECAP
49 April 18, 2002

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

RECAP
50 April 18, 2002

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

RECAP
51 April 18, 2002

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

RECAP
April 18, 2002

Depositions filed by pla, of Michael Wayne Bryan, Frank Shropshire I and II, Sandra Stewart, I and II, James Jeffrey Warner, Mark Wheeler Manis, James T. Manis, Wayne P. White and Emory Outlaw. (bjj) Modified on 04/22/2002

52 April 19, 2002

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)

RECAP
53 April 22, 2002

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)

RECAP
54 April 22, 2002

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

RECAP
55 April 24, 2002

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)

RECAP
56 April 24, 2002

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

RECAP
57 April 24, 2002

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

RECAP
58 April 29, 2002

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)

RECAP
59 May 6, 2002

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)

RECAP
60 May 6, 2002

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)

RECAP
61 May 6, 2002

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)

RECAP
62 May 6, 2002

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

RECAP
63 May 6, 2002

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

RECAP
64 May 6, 2002

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

RECAP
65 May 20, 2002

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)

RECAP

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

Private Entity/Person

Wheeler's, Inc.

Case Details

Other Dockets:

Northern District of Georgia 4:00-cv-00286

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2002 - 2003

Issues

Discrimination Area:

Disparate Treatment

EEOC-centric:

Direct Suit on Merits

Recommended Citation