Case: EEOC v. BOJANGLES FAMOUS CHICKEN AND BISCUITS, INC.

3:01-cv-00297 | U.S. District Court for the Western District of Kentucky

Filed Date: May 15, 2001

Closed Date: Sept. 3, 2003

Clearinghouse coding complete

Case Summary

In May 2001, the Louisville Area Office of the EEOC (with participation from the Indianapolis District Office) brought this suit in U.S. District Court for the Western District of Kentucky against Bojangles Famous Chicken & Biscuits. According to the Motion to Voluntarily Dismiss, the EEOC filed this suit to compel specific performance of a conciliation agreement between the parties, resulting from an earlier sexual harassment charge filed with the EEOC. The president of Bojangles' parent company accepted service of the complaint in this case, but thereafter could not be found. Therefore, the Court entered a default judgment in the EEOC's favor in November 2001. However, Bojangles closed its places of business and no company representatives could be found; thus, the EEOC voluntarily dismissed the case in September 2003.

Summary Authors

Bev Owens (8/14/2008)

People


Judge(s)

Johnson, J. B. Jr. (Kentucky)

Judge(s)

Johnson, J. B. Jr. (Kentucky)

Documents in the Clearinghouse

Document

3:01-cv-00297

Docket [PACER]

EEOC v. Bojangles Famous Chicken and Biscuits, Inc.

Sept. 3, 2003

Sept. 3, 2003

Docket
10

3:01-cv-00297

Motion to Voluntarily Dismiss

EEOC v. Bojangles Famous Chicken and Biscuits, Inc.

Aug. 22, 2003

Aug. 22, 2003

Pleading / Motion / Brief
11

3:01-cv-00297

Order of Voluntary Dismissal

EEOC v. Bojangles Famous Chicken and Biscuits, Inc.

Sept. 3, 2003

Sept. 3, 2003

Order/Opinion

Resources

Docket

Last updated Aug. 14, 2022, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT w / exhibits (Summons(es) issued) filing fee wv (JSS) Modified on 05/15/2001 (Entered: 05/15/2001)

May 15, 2001

May 15, 2001

MAGISTRATE JUDGE DESIGNATION: James D. Moyer (JSS) (Entered: 05/15/2001)

May 15, 2001

May 15, 2001

ALIAS SUMMONS issued as to defendant Bojangles Famous Chi (SPL) (Entered: 05/23/2001)

May 23, 2001

May 23, 2001

RETURN OF SERVICE unexecuted - attempted as to Jervis D. Sutton (MLG) (Entered: 05/23/2001)

May 23, 2001

May 23, 2001

RETURN OF SERVICE executed on 5/25/01 as to John R. Parrish, President (JSS) (Entered: 06/04/2001)

May 30, 2001

May 30, 2001

2

MOTION by plaintiff EEOC for entry of default as to Bojangles Famous Chi ; affidavit in support; entry of default tendered (SDB) (Entered: 08/20/2001)

Aug. 20, 2001

Aug. 20, 2001

FILE SUBMITTED to Judge Johnstone (SDB) (Entered: 08/24/2001)

Aug. 24, 2001

Aug. 24, 2001

FILE RETURNED (ARK) (Entered: 08/28/2001)

Aug. 28, 2001

Aug. 28, 2001

3

DEFAULT ENTERED as to defendant Bojangles Famous Chi (cc: all counsel) (ARK) (Entered: 08/28/2001)

Aug. 28, 2001

Aug. 28, 2001

4

MOTION by plaintiff EEOC for default judgment against Bojangles Famous Chi ; affidavit in Support; judgment tendered (SDB) (Entered: 10/04/2001)

Oct. 4, 2001

Oct. 4, 2001

FILE SUBMITTED to EHJ (KDN) (Entered: 11/02/2001)

Nov. 2, 2001

Nov. 2, 2001

FILE RETURNED (CSD) (Entered: 11/06/2001)

Nov. 6, 2001

Nov. 6, 2001

5

DEFAULT JUDGMENT by Senior Judge Edward H. Johnstone granting motion for default judgment against Bojangles Famous Chi [4-1]; dft shall pay Mary Yates $2000 plus $139.02 in pre-jgm interest; Ct enteres PERMANENT INJUNCTION against dft and ORDERS it to comply w/any and all terms of Conciliation Agreement terminating case (cc: all counsel, John Parrish) [Entry Date: 11/9/01] (MLG) Modified on 11/09/2001 (Entered: 11/09/2001)

Nov. 9, 2001

Nov. 9, 2001

6

MOTION by plaintiff EEOC for proceedings supplemental / hearing ; order tendered (SDB) (Entered: 04/05/2002)

April 4, 2002

April 4, 2002

FILE SUBMITTED to EHJ (KDN) (Entered: 04/29/2002)

April 29, 2002

April 29, 2002

FILE RETURNED to USDC, Louisville (JCD) (Entered: 05/14/2002)

May 14, 2002

May 14, 2002

7

ORDER by Senior Judge Edward H. Johnstone; Case referred to Magistrate Judge James D. Moyer pursuant to 28:636(b)(1)(B) to conduct hrg on pending motions (cc: all counsel) Date: 5/16/02] (MLG) (Entered: 05/16/2002)

May 16, 2002

May 16, 2002

FILE SUBMITTED to JDM (KDN) (Entered: 06/27/2002)

June 27, 2002

June 27, 2002

FILE RETURNED (PAC) (Entered: 10/21/2002)

Oct. 21, 2002

Oct. 21, 2002

8

ORDER by Magistrate Judge James D. Moyer setting hearing before Magistrate Judge James D. Moyer on motion for proceedings supplemental / hearing [6-1] 10:00 11/13/02 all counsel) [Entry Date: 10/21/02] (PAC) (Entered: 10/21/2002)

Oct. 21, 2002

Oct. 21, 2002

RETURN OF SERVICE of order to Mr. John Parrish (PAC) (Entered: 10/25/2002)

Oct. 25, 2002

Oct. 25, 2002

FILE SUBMITTED to JDM (KDN) (Entered: 11/06/2002)

Nov. 6, 2002

Nov. 6, 2002

FILE RETURNED (JSS) (Entered: 11/19/2002)

Nov. 19, 2002

Nov. 19, 2002

9

ORDER by Magistrate Judge James D. Moyer; in ct hrg held 11/13/02 cnsl for pla advised the Ct that further attempts will be made to Locate Mr. Parrish in order to recover upaid jgm DN 5, ct rpt Alan Wernecke (cc: all counsel) [Entry Date: 11/19/02] (JSS) (Entered: 11/19/2002)

Nov. 19, 2002

Nov. 19, 2002

10

MOTION to Voluntarily Dismiss by Equal Employment Opportunity Commission. Responses due by 9/9/2003 (Attachment: # 1 Proposed Order)(SDB) (Entered: 08/22/2003)

Aug. 22, 2003

Aug. 22, 2003

Clearinghouse
11

ORDER by Senior Judge Edward H. Johnstone on 8/28/03; granting 10 Motion to Dismiss (SJS) (Entered: 09/03/2003)

Sept. 3, 2003

Sept. 3, 2003

Clearinghouse

Case Details

State / Territory: Kentucky

Case Type(s):

Equal Employment

Key Dates

Filing Date: May 15, 2001

Closing Date: Sept. 3, 2003

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of charging party alleging sexual harassment

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Bojangles Famous Chicken and Biscuits, Inc., Private Entity/Person

Defendant Type(s):

Retailer

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Issues

General:

Disparate Treatment

Discrimination-area:

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits