Case: EEOC v. Dana/Spicer

3:01-cv-00372 | U.S. District Court for the Northern District of Indiana

Filed Date: May 18, 2001

Closed Date: Jan. 10, 2005

Clearinghouse coding complete

Case Summary

In May 2001, the Indianapolis District Office of the EEOC brought this suit against Dana Corporation and Spicer Manufacturing Inc., an automobile manufacturing plant, in the U.S. District Court for the Northern District of Indiana. We do not have a copy of the complaint. However, according to an EEOC press release, the complaint alleged discrimination on the basis of race, African American, in violation of Title VII of the Civil Rights Act of 1964. Four charging parties intervened in the suit in August 2001. After some discovery disputes, the parties settled in June 2002 through a consent decree. We do not have a copy of the decree; therefore, the exact terms of the settlement are unknown. However, it appears from the docket that the decree included monetary relief for the charging parties.

Summary Authors

Michele Marxkors (7/1/2007)

Documents in the Clearinghouse

Document

3:01-cv-00372

Docket (PACER)

EEOC v. Dana Corporation, et al

Jan. 10, 2005

Jan. 10, 2005

Docket

3:01-cv-00372

EEOC Sues Two Indiana Employers for Race Harassment

EEOC v. Dana Corporation, et al

No Court

May 22, 2001

May 22, 2001

Press Release

Resources

Docket

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

ECF Number Description Date Link Date / Link
2

RETURN OF SERVICE executed on 5/31/01 by certified mail upon CT Corporation Systems, Registered Agent for defendants (mjk) (Entered: 06/06/2001)

June 5, 2001

June 5, 2001

3

ATTORNEY APPEARANCE for defendant Dana Corporation, defendant Spicer Mfg Inc by Victoria L Nilles (jld) (Entered: 06/20/2001)

June 19, 2001

June 19, 2001

4

ATTORNEY APPEARANCE for defendant Dana Corporation, defendant Spicer Mfg Inc by John R Maley (jld) (Entered: 06/20/2001)

June 19, 2001

June 19, 2001

5

ATTORNEY APPEARANCE for defendant Dana Corporation, defendant Spicer Mfg Inc by Kathleen M Anderson (jld) (Entered: 06/20/2001)

June 19, 2001

June 19, 2001

6

CORPORATE DISCLOSURE by defendant Dana Corporation, defendant Spicer Mfg Inc (jld) (Entered: 06/20/2001)

June 19, 2001

June 19, 2001

7

AGREED NOTICE of extension of time to file answer to/including 7/10/01 by defendant Dana Corporation, defendant Spicer Mfg Inc (jld) (Entered: 06/20/2001)

June 19, 2001

June 19, 2001

8

NOTICE: before Judge Allen Sharp ;Pretrial conference set 1:30 7/20/01 w/consent form (cc: all counsel) (saj) (Entered: 06/22/2001)

June 22, 2001

June 22, 2001

9

MOTION by plaintiff EEOC to reset pretrial conference currently set 7/20/01 to a telephonic conference on 7/30/01 at 1:00, plaintiff to initiate call (jld) (Entered: 06/29/2001)

June 28, 2001

June 28, 2001

10

ORDER by Judge Allen Sharp granting motion to reset pretrial conference currently set 7/20/01 to a telephonic conference on 7/30/01 at 1:00, plaintiff to initiate call [9-1] ;Pretrial conference 1:00 7/30/01 before Judge Allen Sharp Number of pages: 2 (cc: all counsel) (jld) (Entered: 06/29/2001)

June 28, 2001

June 28, 2001

11

ANSWER by defendant Dana Corporation, defendant Spicer Mfg Inc to complaint [1-1]; jury demand (mjk) (Entered: 07/10/2001)

July 9, 2001

July 9, 2001

12

MOTION for Curtis C Thompson, Delenore Q Guyton, Derrick O Martin & Michael R Steadman to intervene (mjk) (Entered: 07/12/2001)

July 12, 2001

July 12, 2001

RECEIPT of proposed complaint of intervenors (mjk) (Entered: 07/12/2001)

July 12, 2001

July 12, 2001

tracking sheet sent (jld) (Entered: 07/17/2001)

July 17, 2001

July 17, 2001

13

PROPOSED Discovery plan under FRCP 26 by parties (Report of parties' planning meeting) (mjk) (Entered: 07/18/2001)

July 17, 2001

July 17, 2001

14

MINUTES: Pretrial conference held before Judge Allen Sharp , ;Discovery ddl set for 5/15/02 ; Pre-trial order ddl set for 10/1/02 by defendant counel for Dana Corp.;Jury trial set for 10/21/02 at 1:30 pm in South Bend, IN ;exch of cont, wit, exhib 9/3/02 by rest of counsel ;disp motion ddl set for 7/8/02 ;Response ddl set for 8/5/02; Lori Jansen will prepare and send an order for Judge Sharp to sign granting intervention. (cc: all counsel) (csi) (Entered: 07/30/2001)

July 30, 2001

July 30, 2001

16

ORDER by Judge Allen Sharp granting motion for Curtis C Thompson, Delenore Q Guyton, Derrick O Martin & Michael R Steadman to intervene [12-1] Number of pages: 1 (cc: all counsel) (mjk) (Entered: 08/02/2001)

Aug. 2, 2001

Aug. 2, 2001

17

INTERVENOR'S COMPLAINT by intervenor plaintiff Curtis C Thompson, intervenor plaintiff Delenore Q Guyton, intervenor plaintiff Derrick O Martin, intervenor plaintiff Michael R Steadman (mjk) (Entered: 08/02/2001)

Aug. 2, 2001

Aug. 2, 2001

18

NOTICE OF SERVICE by intervenor plaintiff of Complaint of Intervenors (mjk) (Entered: 08/07/2001)

Aug. 7, 2001

Aug. 7, 2001

19

ANSWER by defendant Dana Corporation, defendant Spicer Mfg Inc to intervenor plaintiffs' complaint [17-1]; jury demand (mjk) (Entered: 08/22/2001)

Aug. 22, 2001

Aug. 22, 2001

20

MOTION for Robert Tubbs to intervene (intervenor complaint attached as Exhibit 1) (mjk) (Entered: 09/27/2001)

Sept. 26, 2001

Sept. 26, 2001

21

ORDER by Judge Allen Sharp granting motion for Robert Tubbs to intervene [20-1] Number of pages: 1 (cc: all counsel) (mjk) (Entered: 10/19/2001)

Oct. 18, 2001

Oct. 18, 2001

22

INTERVENOR'S COMPLAINT by intervenor plaintiff Robert Tubbs (filed per #21) (mjk) (Entered: 10/19/2001)

Oct. 18, 2001

Oct. 18, 2001

23

ANSWER by defendant Dana Corporation, defendant Spicer Mfg Inc to complaint [1-1]; jury demand (mjk) (Entered: 10/31/2001)

Oct. 30, 2001

Oct. 30, 2001

RECEIPT of proposed stipulated protective order (mjk) (Entered: 12/11/2001)

Dec. 7, 2001

Dec. 7, 2001

24

PROTECTIVE ORDER by Judge Allen Sharp : Personnel records or any current or former Dana employee (other than parties to this action) that contain information regarding an employee's family, benefits or compensation and/or social security numbers shall be maintained in confidence. Number of pages: 4 (cc: all counsel) (mjk) (Entered: 12/11/2001)

Dec. 7, 2001

Dec. 7, 2001

25

ATTORNEY APPEARANCE for plaintiff EEOC by Johanna Philhower Maple (mjk) (Entered: 01/08/2002)

Jan. 7, 2002

Jan. 7, 2002

26

MOTION by intervenor plaintiff Robert Tubbs to dismiss claim of Robert Tubbs with prejudice (mjk) (Entered: 02/08/2002)

Feb. 7, 2002

Feb. 7, 2002

27

ORDER by Judge Allen Sharp granting motion to dismiss claim of Robert Tubbs with prejudice [26-1]; dismissing party Robert Tubbs . Number of pages: 1 (cc: all counsel) (mjk) (Entered: 02/19/2002)

Feb. 19, 2002

Feb. 19, 2002

28

STIPULATION by all parties to dismiss Derrick Martin's wrongful termination & retaliation claims re January 2001 RIF (stipulated) , with all of Martin's and other plaintiffs' other claims remaining (mjk) Modified on 02/21/2002 (Entered: 02/20/2002)

Feb. 19, 2002

Feb. 19, 2002

29

ORDER by Judge Allen Sharp granting motion to dismiss ONLY Derrick Martin's wrongful termination & retaliation claims re January 2001 RIF, with prejudice [28-1] Number of pages: 1 (cc: all counsel) (mjk) (Entered: 02/21/2002)

Feb. 20, 2002

Feb. 20, 2002

31

Discovery Filed by plaintiff EEOC: Request for production of documents to non-party Local 1405, UAW (mjk) (Entered: 03/12/2002)

March 11, 2002

March 11, 2002

32

MOTION by plaintiff EEOC for leave to interview one of defendant's former supervisors (mjk) (Entered: 03/20/2002)

March 19, 2002

March 19, 2002

33

MEMORANDUM by plaintiff EEOC in support of motion for leave to interview one of defendant's former supervisors [32-1] (mjk) (Entered: 03/20/2002)

March 19, 2002

March 19, 2002

34

MOTION by plaintiff EEOC to withdraw request for production of documents to non party Local 1405 UAW (mjk) (Entered: 03/22/2002)

March 21, 2002

March 21, 2002

35

ORDER by Judge Allen Sharp granting motion to withdraw request for production of documents to non party Local 1405 UAW [34-1], directing clerk to purge request from file [31-1] Number of pages: 1 (cc: all counsel) (mjk) (Entered: 03/25/2002)

March 22, 2002

March 22, 2002

36

LETTER to Judge Sharp from Thomas R Lemon re mediation (mjk) (Entered: 03/25/2002)

March 25, 2002

March 25, 2002

39

BRIEF IN RESPONSE by defendant Dana Corporation to motion for leave to interview one of defendant's former supervisors [32-1] (mjk) (Entered: 04/11/2002)

April 5, 2002

April 5, 2002

37

MOTION by defendant Dana Corporation for leave to conduct ex parte interviews (mjk) (Entered: 04/10/2002)

April 9, 2002

April 9, 2002

38

BRIEF FILED by defendant Dana Corporation in support of motion for leave to conduct ex parte interviews [37-1] (mjk) (Entered: 04/10/2002)

April 9, 2002

April 9, 2002

RECEIPT of proposed stipulated protective order by parties (mjk) (Entered: 04/12/2002)

April 11, 2002

April 11, 2002

40

PROTECTIVE ORDER by Judge Allen Sharp : Medical, mental-health & educational records pertaining to any class member in this action, as well as personnel records of any class member that contain private family information or that pertain to personal benefits shall be designated as "Confdential Documents." Number of pages: 3 (cc: all counsel) (mjk) (Entered: 04/12/2002)

April 11, 2002

April 11, 2002

41

REPLY by plaintiff EEOC to response/opposition to motion for leave to interview one of defendant's former supervisors [32-1] (mjk) (Entered: 04/23/2002)

April 22, 2002

April 22, 2002

42

OBJECTIONS TO REQUEST OF DOCUMENTS AND MOTION by Lawrence A Falli to quash subpoena (mjk) (Entered: 04/24/2002)

April 23, 2002

April 23, 2002

43

RESPONSE by intervenor plaintiff Curtis C Thompson to defendant's request for admissions (lpw) (Entered: 04/29/2002)

April 29, 2002

April 29, 2002

44

NOTICE by defendant Dana Corporation of supplemental authority (mjk) (Entered: 04/30/2002)

April 29, 2002

April 29, 2002

46

RESPONSE by plaintiff EEOC to motion for leave to conduct ex parte interviews [37-1] (mjk) (Entered: 05/01/2002)

May 1, 2002

May 1, 2002

47

REPLY BRIEF by defendant Dana Corporation to response/opposition to motion for leave to conduct ex parte interviews [37-1] (smp) (Entered: 05/10/2002)

May 6, 2002

May 6, 2002

48

NOTICE by Dr Lawrence A Falli of physician's lien re John Jones III (mjk) (Entered: 05/14/2002)

May 13, 2002

May 13, 2002

49

JOINT MOTION by plaintiff, intervenor plaintiffs and defendants to extend time to/including 6/14/02 to complete discovery and STIPULATION regarding number of depositions (mjk) (Entered: 05/17/2002)

May 16, 2002

May 16, 2002

50

ORDER by Judge Allen Sharp granting motion to extend time to/including 6/14/02 to complete discovery [49-1]; Discovery ddl reset for 6/14/02 . Number of pages: 2 (cc: all counsel) (mjk) (Entered: 05/17/2002)

May 16, 2002

May 16, 2002

51

MEMORANDUM AND ORDER: by Judge Allen Sharp granting plaintiff's motion for leave to interview one of defendant's former supervisors [32-1]; granting defendants' motion for leave to conduct ex parte interviews [37-1] Number of pages: 6 (cc: all counsel) (mjk) (Entered: 05/21/2002)

May 20, 2002

May 20, 2002

52

LETTER from Thomas R Lemon advising that following mediation, an agreement was reached among the parties (mjk) (Entered: 05/31/2002)

May 30, 2002

May 30, 2002

53

ORDER by Judge Allen Sharp dismissing case without costs and without prejudice to the right of any party upon good cause shown within 60 days to vacate order & reopen action if settlement not consummated. Upon complation of settlement, parties may stipulate that cause be dismissed with prejudice & that costs be assessed and court will approve stipulation. Jury trial scheduled for 10/21/02 is VACATED . Number of pages: 2 (cc: all counsel) (mjk) (Entered: 05/31/2002)

May 30, 2002

May 30, 2002

54

CLERK'S ENTRY OF JUDGMENT regarding [53-1], [53-2] (cc: all counsel) (mjk) (Entered: 05/31/2002)

May 31, 2002

May 31, 2002

55

JOINT MOTION by plaintiff, intervenor plaintiffs and defendants for entry of consent decree (proposed consent decree received) (mjk) (Entered: 06/04/2002)

June 3, 2002

June 3, 2002

56

Consent Decree by Judge Allen Sharp granting motion for entry of consent decree [55-1]. Court will retain jurisdiction of case for 30 months for purposes of monitoring compliance with Decree and entry of further orders or modifications as may be necessary or appropriate (cc: all counsel) (mjk) (Entered: 06/05/2002)

June 4, 2002

June 4, 2002

57

MOTION by plaintiff EEOC to reinstate the action (mjk) Modified on 06/07/2002 (Entered: 06/06/2002)

June 6, 2002

June 6, 2002

58

ORDER by Judge Allen Sharp granting motion to reinstate the action [57-1]; case reopened. Number of pages: 2 (cc: all counsel) (mjk) (Entered: 06/07/2002)

June 6, 2002

June 6, 2002

59

MOTION by defendant Dana Corporation, defendant Spicer Mfg Inc to modify consent decree (mjk) (Entered: 07/03/2002)

July 2, 2002

July 2, 2002

61

NOTICE by defendant Dana Corporation re amended proposed form of order to modify consent decree (mjk) (Entered: 07/09/2002)

July 8, 2002

July 8, 2002

62

ORDER by Judge Allen Sharp granting motion to modify consent decree [59-1]. Once conditions are met for payment, Dana's obligations will be met by following payments: $23,000.00, minus applicable deductions, that Dana would have paid to Dennis Ray Lee, to be paid to Mark A Warsco as Bankruptcy Trustee; $23,000.00, minus applicable deductions, that Dana would have paid to Jeffery Charles Boatwright, to be paid to Rebecca L Hoyt Fischer as Bankruptcy Trustee; and $8,282.00 that Dana would otherwise have paid to Delenore Q. Guyton, to be paid to Allen County Clerk to be applied to child supprt arrearage, with remainder of $32,000.00, minus applicable deductions, to be paid to Mr Guyton. Number of pages: 3 (cc: all counsel) (mjk) (Entered: 07/12/2002)

July 10, 2002

July 10, 2002

63

FINAL ORDER ON DISTRIBUTION by Judge Allen Sharp: Defendants to distribute settlement funds as set out in Consent Decree [56-1], as modified in order entered 7/10/02 [62-1]. Court continues to retain jurisdiction for purpose of monitoring compliance with Decree. Number of pages: 2 (cc: all counsel) (mjk) (Entered: 07/12/2002)

July 10, 2002

July 10, 2002

64

NOTICE of Withdrawal of Appearance. Attorney Victoria L. Nilles withdraws her appearance on behalf of Dana Corportion. (ksc, ) (Entered: 08/02/2004)

July 29, 2004

July 29, 2004

65

ORDER. Plaintiffs counsel is to file Status Report by 1/25/2005.. Signed by Judge Allen Sharp on 1/5/05. (kds) (Entered: 01/06/2005)

Jan. 5, 2005

Jan. 5, 2005

66

REPORT by Equal Employment Opportunity Commission. (Bird, Kenneth) (Entered: 01/07/2005)

Jan. 7, 2005

Jan. 7, 2005

67

ORDER: The requirements of the Consent Decree having been satisfied and the EEOC having informed the Court that the Plaintiff Intervenors agree with the 66 Report, this case is ordered closed. ***Civil Case Terminated. Signed by Judge Allen Sharp on 1/10/05. (ksc) (Entered: 01/10/2005)

Jan. 10, 2005

Jan. 10, 2005

Case Details

State / Territory: Indiana

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: May 18, 2001

Closing Date: Jan. 10, 2005

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: Unknown

Class Action Outcome: Unknown

Defendants

Spicer Manufacturing Inc., Private Entity/Person

Dana Corporation, Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General:

Disparate Treatment

Discrimination-area:

Harassment / Hostile Work Environment

Discrimination-basis:

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit