Case: EEOC v. Tobacco Superstores, Inc.

3:05-cv-00218 | U.S. District Court for the Eastern District of Arkansas

Filed Date: Sept. 19, 2005

Closed Date: 2011

Clearinghouse coding complete

Case Summary

On September 19, 2005, an African American employee, on behalf of other African American employees, filed this lawsuit in the U.S. District Court for the Eastern District of Arkansas. The plaintiff sued Tobacco Superstores Inc. under Title VII of the Civil Rights Act of 1964. The plaintiff, represented by the EEOC, asked the court for injunctive and individual relief, claiming that she and other African American employees were denied promotions because of their race, and that she was constructi…

On September 19, 2005, an African American employee, on behalf of other African American employees, filed this lawsuit in the U.S. District Court for the Eastern District of Arkansas. The plaintiff sued Tobacco Superstores Inc. under Title VII of the Civil Rights Act of 1964. The plaintiff, represented by the EEOC, asked the court for injunctive and individual relief, claiming that she and other African American employees were denied promotions because of their race, and that she was constructively discharged because of her race.

The defendant filed two motions for summary judgment requesting that the court deny thirty-four individual class members from joining the case. The court granted and denied in part the defendants motion.

On August 4, 2008, District Judge William R. Wilson approved a consent decree. The decree enjoined the defendant from discrimination or retaliation; required the defendant to create and distribute non-discrimination and promotion policies; and required management at Tobacco Superstores to participate in anti-discrimination trainings. The defendant also agreed to pay $425,000 in monetary relief to resolve the lawsuit. The decree's effective period was three years, and there is nothing more on the docket - so presumably the matter ended in 2011.

Summary Authors

David Friedman (5/20/2008)

Gabriela Hybel (10/17/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5172778/parties/equal-employment-opportunity-commission-v-tobacco-superstores-inc/


Judge(s)

Forster, John F. Jr. (Arkansas)

Wilson, Billy [William] Roy [Jr.] (Arkansas)

Attorneys(s) for Plaintiff

Beck, Terry (Tennessee)

Cash, William A. Jr. (Arkansas)

Dixon, Pamela B. (Arkansas)

Kores, Katharine W. (Tennessee)

Liner, Celia S. (Tennessee)

Rapport, Adele (Michigan)

Tuggle, Darin B. (Tennessee)

Williams, Faye A. (Tennessee)

Judge(s)

Forster, John F. Jr. (Arkansas)

Wilson, Billy [William] Roy [Jr.] (Arkansas)

Attorneys(s) for Plaintiff

Beck, Terry (Tennessee)

Cash, William A. Jr. (Arkansas)

Dixon, Pamela B. (Arkansas)

Kores, Katharine W. (Tennessee)

Liner, Celia S. (Tennessee)

Rapport, Adele (Michigan)

Tuggle, Darin B. (Tennessee)

Williams, Faye A. (Tennessee)

Attorneys(s) for Defendant

Beavers, Brad J. (Arkansas)

Goldberg, Christine S. (Louisiana)

Guckert, Jennifer Robbins (Louisiana)

Julien, Henry Philip Jr. (Louisiana)

Lombardi, Robert P. (Louisiana)

Scott, Stephen L. (Alabama)

Woodford, Thomas J. (Alabama)

Documents in the Clearinghouse

Document

Docket (PACER)

EEOC v. Tobacco Superstores Inc

Aug. 4, 2008 Docket
1

Complaint

EEOC v. Tobacco Superstores Inc.

Sept. 19, 2005 Complaint
21

Order [RE:Discovery]

EEOC v. Tobacco Superstores Inc

July 26, 2006 Order/Opinion
104

Amended Order RE:Summary Judgment

EEOC v. Tobacco Superstores Inc.

June 6, 2008 Order/Opinion
176

Consent Decree

EEOC v. Tobacco Superstore Inc.

Aug. 4, 2008 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5172778/equal-employment-opportunity-commission-v-tobacco-superstores-inc/

Last updated May 13, 2022

ECF Number Description Date Link
13

AGREED PROTECTIVE ORDER regarding confidential discovery material. Signed by Judge William R. Wilson Jr. on 5/22/06. (jct)

May 23, 2006 RECAP
21

ORDER granting 16 Pltf's Motion for leave to serve additional interrogatories. Signed by Judge William R. Wilson Jr. on 7/26/06. (jct)

July 26, 2006 RECAP
29

AMENDED ORDER, re 27 Order, Jury Trial before Judge William R. Wilson Jr. set for 8/14/2007 at 09:00 AM in Jonesboro Courtroom (large) #324. All other deadlines set by the previous Order remain in full force and effect. This Amended Order further amends the Scheduling Order previously entered. Signed by Judge William R. Wilson Jr. on 3/13/07. (jct)

March 13, 2007 RECAP
90

ORDER GRANTING in part and DENYING in part 53 Defendant's Motion for Partial Summary Judgment as follows: Defendant's Motion for Summary Judgment as to Class Members Who Allege Claims Prior to 9/28/01 is GRANTED; Defendant's Motion f or Summary Judgment as to Piggybacking Class Members Bass & Brown is GRANTED; Defendant's Motion for Summary Judgment as to the Forward Temporal Scope of the Class is DENIED. Defendant's 65 Motion for Summary Judgment Based on Judicial Estoppel is DENIED. Signed by Judge William R. Wilson, Jr on 6/4/08. (jct)

June 4, 2008 RECAP
135

ORDER GRANTING 50 Plaintiff's Motion to Compel. Defendant must produce the documents requested in Plaintiff's Ninth Set of Requests for Production of Documents by 5 p.m., July 18, 2008. Signed by Judge William R. Wilson, Jr on 7/9/08. (jct)

July 9, 2008 RECAP
137

AMENDMENT TO ORDER, re 135 Order on Motion to Compel, Defendant must produce the subject documents by 12 noon next Tuesday, July 15, 2008. Signed by Judge William R. Wilson, Jr on 7/9/08. (jct)

July 9, 2008 RECAP
146

ORDER modifying 135 Order on Motion to Compel & 137 Amendment to Order to require the Defendant to bring its documents to the Settlement Conference on 7/16/08 to be presented to U.S. Magistrate Judge J. Thomas Ray in camera. Judge Ray, of course may, in his discretion, order this information disclosed to the Plaintiff there and then. Signed by Judge William R. Wilson, Jr on 7/10/08. (jct)

July 10, 2008 RECAP
148

ORDER authorizing Faye Williams, Celia Liner, Henry P. Julien, Robert P. Lombardi, Brad Beavers, Larry Cobb & David Cohn to bring a cell phone, laptop computer or personal digital assistant into the Courthouse on 7/16/08 for the scheduled settlement conference, subject to rules contained in said Order. Signed by Magistrate Judge J. Thomas Ray on 7/14/08. (jct)

July 14, 2008 RECAP

State / Territory: Arkansas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

IWPR/Wage Project Consent Decree Study

Key Dates

Filing Date: Sept. 19, 2005

Closing Date: 2011

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: Yes

Class Action Outcome: Granted

Defendants

Tobacco Superstores Inc. (Blytheville, Arkansas), Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

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: 425,000

Order Duration: 2008 - 2011

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Follow recruitment, hiring, or promotion protocols

Other requirements regarding hiring, promotion, retention

Provide antidiscrimination training

Reporting

Training

Issues

General:

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Promotion

Discrimination-basis:

Race discrimination

EEOC-centric:

Direct Suit on Merits