Case: EEOC v. Pentman, LLC d/b/a Arby's of Wise, VA

2:01-cv-00043 | U.S. District Court for the Western District of Virginia

Filed Date: April 24, 2001

Closed Date: Dec. 17, 2002

Clearinghouse coding complete

Case Summary

In April 2001, the Richmond Area Office of the EEOC filed this lawsuit against Pentman, LLC, doing business as Arby's of Wise,VA, in the U.S. District Court for the Western District of Virginia. We do not have a copy of the complaint; therefore, the exact allegations involved are unknown. However, it appears from the Opinion and Order denying the summary judgment motion that the complaint alleged that the defendant subjected the complaining parties, female employees, to a sexually hostile work environment by allowing a female manager to sexually harass them, retaliate when such harassment was opposed, leading to complainants' constructive termination in violation of Title VII of the Civil Rights Act of 1964. Following a failed motion for summary judgment by the defendant in February 2002, the parties settled the lawsuit through a consent decree. We do not have a copy of the consent decree; therefore, the exact terms of the settlement are unknown.

Summary Authors

David Friedman (10/25/2007)

Documents in the Clearinghouse

Document

2:01-cv-00043

Docket [PACER]

Dec. 17, 2002

Dec. 17, 2002

Docket
25

2:01-cv-00043

Opinion and Order

2002 WL 548858

April 12, 2002

April 12, 2002

Order/Opinion

Resources

Docket

Last updated July 23, 2022, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT 100 Day Notice due 8/2/01 for Pentman, LLC Service due 8/22/01 for Pentman, LLC (ehs)

April 24, 2001

April 24, 2001

SUMMONS issued for Pentman, LLC (ehs)

April 24, 2001

April 24, 2001

2

MOTION by Adrian Collins to allow him to be added as an attorney of record on behalf of the former employees of the defendant, Pentman, L.L.C. (flc)

June 12, 2001

June 12, 2001

SUMMONS Returned Executed as to Pentman, LLC on 6/19/01 Answer due on 7/9/01 for Pentman, LLC (ehs)

June 29, 2001

June 29, 2001

3

ANSWER to Complaint by Pentman, LLC (Attorney Joseph Britt Lyle), (flc) (Entered: 07/03/2001)

July 2, 2001

July 2, 2001

4

MOTION for attorneys Bob E. Lype and Jeffery A. Billings to Appear Pro Hac Vice by Pentman, LLC (flc) (Entered: 07/03/2001)

July 2, 2001

July 2, 2001

CORPORATE DISCLOSURE LETTER; Response due 7/6/01 for Pentman, LLC, for Equal Employment Opp (flc)

July 3, 2001

July 3, 2001

5

ORDER granting [4-1] motion for attorneys Bob E. Lype and Jeffery A. Billings to Appear Pro Hac Vice ( signed by Judge James P. Jones on 7-5-01) [EOD Date 7/5/01] (flc)

July 5, 2001

July 5, 2001

6

MEMORANDUM OPINION AND ORDER denying [2-1] motion by Adrian Collins to allow him to be added as an attorney of record on behalf of the former employees of the defendant, Pentman, L.L.C. ( signed by Judge James P. Jones on 7/11/01 ) (ehs)

July 11, 2001

July 11, 2001

7

NEGATIVE CORPORATE DISCLOSURE STATEMENT by Pentman, LLC (flc) (Entered: 07/12/2001)

July 11, 2001

July 11, 2001

Jury Trial set at 9:00 5/14, 15 and 16/02 (aec)

Aug. 14, 2001

Aug. 14, 2001

8

SCHEDULING ORDER setting Motion Filing deadline on 4/14/02; Discovery cutoff 3/31/02; (signed by Judge James P. Jones ) [EOD Date 8/28/01] (aec)

Aug. 28, 2001

Aug. 28, 2001

9

RULE 26(f) AGREED WRITTEN PLAN by Equal Employment Opp, Pentman, LLC (flc)

Oct. 9, 2001

Oct. 9, 2001

10

MOTION for Leave to take the deposition of a person confined in prison by Pentman, LLC (flc)

Oct. 24, 2001

Oct. 24, 2001

11

ORDER granting [10-1] motion for Leave to take the deposition of a person confined in prison ( signed by Judge James P. Jones ) [EOD Date 10/29/01] (flc)

Oct. 29, 2001

Oct. 29, 2001

12

NOTICE TO TAKE DEPOSITION OF Nicole Hogg, Ida Caudill, Marsha Moore, Melinda Sexton, Brandi Sexton, Barbara Gardner, Ashley Craiger and Pamela J. Hensley by Pentman, LLC (flc)

Oct. 29, 2001

Oct. 29, 2001

13

NOTICE TO TAKE DEPOSITION OF Ricky A. Church by Pentman, LLC (flc)

Nov. 6, 2001

Nov. 6, 2001

RETURN OF SERVICE on subpoena executed on 11/1/01 upon Nicole Hogg (flc)

Nov. 13, 2001

Nov. 13, 2001

RETURN OF SERVICE on subpoena executed on 11/5/01 upon Ida Caudill (flc)

Nov. 13, 2001

Nov. 13, 2001

RETURN OF SERVICE on subpoena executed on 11/5/01 upon Melinda Sexton (flc)

Nov. 13, 2001

Nov. 13, 2001

RETURN OF SERVICE on subpoena executed on 11/5/01 upon Brandi Sexton (flc)

Nov. 13, 2001

Nov. 13, 2001

RETURN OF SERVICE on subpoena executed on 10/30/01 upon Barbara Gardner (flc)

Nov. 13, 2001

Nov. 13, 2001

RETURN OF SERVICE on subpoena executed on 10/31/01 upon Ashley Craiger (flc)

Nov. 13, 2001

Nov. 13, 2001

RETURN OF SERVICE on subpoena executed on 11/1/01 upon Pamela J. Hensley (flc)

Nov. 13, 2001

Nov. 13, 2001

RETURN OF SERVICE on subpoena executed on 11/9/01 as to Marsha Moore (flc)

Nov. 16, 2001

Nov. 16, 2001

15

MOTION for Summary Judgment by Pentman, LLC (flc)

Feb. 26, 2002

Feb. 26, 2002

16

MEMORANDUM by Pentman, LLC in support of [15-1] motion for Summary Judgment by Pentman, LLC (flc)

Feb. 26, 2002

Feb. 26, 2002

17

AFFIDAVITS AND OTHER DOCUMENTS FILED IN SUPPORT (Part 1 of 2) by Pentman, LLC Re: [15-1] motion for Summary Judgment by Pentman, LLC (flc)

Feb. 26, 2002

Feb. 26, 2002

18

AFFIDAVITS AND OTHER DOCUMENTS FILED IN SUPPORT (Part 2 of 2) by Pentman, LLC Re: [15-1] motion for Summary Judgment by Pentman, LLC (flc)

Feb. 26, 2002

Feb. 26, 2002

19

JOINT MOTION to Extend Time of the discovery deadline solely for the taking of any additional depositions by Equal Employment Opp, Pentman, LLC (flc) Modified on 03/07/2002

March 7, 2002

March 7, 2002

20

UNOPPOSED MOTION to Extend Time to respond to deft's motion for summary judgment by Equal Employment Opp, Pentman, LLC (flc)

March 7, 2002

March 7, 2002

Motions referred to Magistrate Judge Pam M. Sargent : [20-1] motion to Extend Time to respond to deft's motion for summary judgment, [19-1] motion to Extend Time of the discovery deadline solely for the taking of any additional depositions (flc)

March 7, 2002

March 7, 2002

21

ORDER granting [19-1] motion to Extend Time of the discovery deadline solely for the taking of any additional depositions ; parties shall be allowed to delay the taking of further depositions pending the court's ruling on deft's motion for summary judgment ( signed by Magistrate Judge Pam M. Sargent ) [EOD Date 3/7/02] (flc)

March 7, 2002

March 7, 2002

22

ORDER granting [20-1] motion to Extend Time to respond to deft's motion for summary judgment, set Response Due Deadline to 3/18/02 ( signed by Magistrate Judge Pam M. Sargent ) [EOD Date 3/7/02] (flc)

March 7, 2002

March 7, 2002

Deadline updated; Response to Motion reset to 3/18/02 for [15-1] motion for Summary Judgment (aec)

March 18, 2002

March 18, 2002

23

MEMORANDUM RESPONSE by Equal Employment Opp in opposition to [15-1] motion for Summary Judgment by Pentman, LLC (ehs)

March 18, 2002

March 18, 2002

Rec. from Plt. additional deposition pages which were inadvertently left out of the previous filings to the memorandum response in opposition to dft's motion for summary judgment (flc)

March 25, 2002

March 25, 2002

24

REPLY/RESPONSE by Pentman, LLC to [23-1] opposition memorandum by Equal Employment Opp (flc)

March 25, 2002

March 25, 2002

25

MEMORANDUM OPINION AND ORDER denying [15-1] motion for Summary Judgment ( signed by Judge James P. Jones ) (flc)

April 12, 2002

April 12, 2002

Deadline updated; resetting Jury Trial for 9:00 11/12 thru 15/02 in BSG (aec)

April 18, 2002

April 18, 2002

27

ORDER set Settlement Conference for 9:00 7/18/02 and 7/19/02 in Abingdon, VA ( signed by Magistrate Judge Pam M. Sargent ) [EOD Date 5/31/02] (ehs)

May 31, 2002

May 31, 2002

Spoke with Joseph Lyle this date and he noted that a consent decree is being circulated and will soon be forwarded to the court (flc)

Nov. 20, 2002

Nov. 20, 2002

28

CONSENT DECREE/ORDER stating that this court shall retain jurisdiction over this matter until the parties have complied fully with the terms and conditions of the Decree, therefore, this case is removed from the docket of this Court with the right of either party to petition to have it reinstated ( signed by Judge James P. Jones ) [EOD Date 12/17/02] (flc)

Dec. 17, 2002

Dec. 17, 2002

Case closed (flc)

Dec. 17, 2002

Dec. 17, 2002

Case Details

State / Territory: Virginia

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: April 24, 2001

Closing Date: Dec. 17, 2002

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: No

Class Action Outcome: Not sought

Defendants

Pentman, LLC (Wise, Virginia), Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits