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

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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)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/13913586/parties/equal-employment-opp-v-pentman-llc/

Judge(s)

Jones, James Parker (Virginia)

Attorney for Plaintiff

Caldwell, Stacey Turner (Virginia)

Kiel, Gerald S. (Virginia)

Attorney for Defendant

Billings, Jeffery A. (Virginia)

Lyle, Joseph Britt (Virginia)

Judge(s)

Jones, James Parker (Virginia)

Attorney for Plaintiff

Caldwell, Stacey Turner (Virginia)

Kiel, Gerald S. (Virginia)

Spicer, Tracey Hudson (Virginia)

Attorney for Defendant

Billings, Jeffery A. (Virginia)

Lyle, Joseph Britt (Virginia)

Lype, Bob E. (Virginia)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

2:01-cv-00043	Docket [PACER]	Dec. 17, 2002	Dec. 17, 2002 Docket
25 2:01-cv-00043	Opinion and Order	April 12, 2002	April 12, 2002 Order/Opinion 2002 WL 548858

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
Under the Radar: Visibility and the Effects of Discrimination Lawsuits in Small and Large Firms Carly Knight, Frank Dobbin, Alexandra Kalev	Research on how discrimination lawsuits affect corporate diversity has yielded mixed results. Qualitative studies highlight the limited efficacy of lawsuits in the typical workplace, finding that lit…	March 2022	April 1, 2022 https://cris.tau.ac.il/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/13913586/equal-employment-opp-v-pentman-llc/

Last updated Oct. 20, 2026, 9 p.m.

Docket for: Equal Employment Opp v. Pentman, LLC

ECF Number	Date	Description	Link
1	April 24, 2001	COMPLAINT 100 Day Notice due 8/2/01 for Pentman, LLC Service due 8/22/01 for Pentman, LLC (ehs)	RECAP
	April 24, 2001	SUMMONS issued for Pentman, LLC (ehs)	PACER
	April 24, 2001	SUMMONS issued for Pentman, LLC (ehs)
2	June 12, 2001	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)	RECAP
	June 29, 2001	SUMMONS Returned Executed as to Pentman, LLC on 6/19/01 Answer due on 7/9/01 for Pentman, LLC (ehs)	PACER
	June 29, 2001	SUMMONS Returned Executed as to Pentman, LLC on 6/19/01 Answer due on 7/9/01 for Pentman, LLC (ehs)
3	July 2, 2001	ANSWER to Complaint by Pentman, LLC (Attorney Joseph Britt Lyle), (flc) (Entered: 07/03/2001)	RECAP
4	July 2, 2001	MOTION for attorneys Bob E. Lype and Jeffery A. Billings to Appear Pro Hac Vice by Pentman, LLC (flc) (Entered: 07/03/2001)	RECAP
	July 3, 2001	CORPORATE DISCLOSURE LETTER; Response due 7/6/01 for Pentman, LLC, for Equal Employment Opp (flc)	PACER
	July 3, 2001	CORPORATE DISCLOSURE LETTER; Response due 7/6/01 for Pentman, LLC, for Equal Employment Opp (flc)
	July 3, 2001	Magistrate's Notice (flc)
5	July 5, 2001	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)	RECAP
6	July 11, 2001	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)	RECAP
7	July 11, 2001	NEGATIVE CORPORATE DISCLOSURE STATEMENT by Pentman, LLC (flc) (Entered: 07/12/2001)	RECAP
	Aug. 14, 2001	Jury Trial set at 9:00 5/14, 15 and 16/02 (aec)	PACER
	Aug. 14, 2001	Jury Trial set at 9:00 5/14, 15 and 16/02 (aec)
8	Aug. 28, 2001	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)	RECAP
9	Oct. 9, 2001	RULE 26(f) AGREED WRITTEN PLAN by Equal Employment Opp, Pentman, LLC (flc)	RECAP
10	Oct. 24, 2001	MOTION for Leave to take the deposition of a person confined in prison by Pentman, LLC (flc)	RECAP
11	Oct. 29, 2001	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)	RECAP
12	Oct. 29, 2001	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)	RECAP
13	Nov. 6, 2001	NOTICE TO TAKE DEPOSITION OF Ricky A. Church by Pentman, LLC (flc)	RECAP
	Nov. 13, 2001	RETURN OF SERVICE on subpoena executed on 11/1/01 upon Nicole Hogg (flc)	PACER
	Nov. 13, 2001	RETURN OF SERVICE on subpoena executed on 11/5/01 upon Ida Caudill (flc)	PACER
	Nov. 13, 2001	RETURN OF SERVICE on subpoena executed on 11/5/01 upon Melinda Sexton (flc)	PACER
	Nov. 13, 2001	RETURN OF SERVICE on subpoena executed on 11/5/01 upon Brandi Sexton (flc)	PACER
	Nov. 13, 2001	RETURN OF SERVICE on subpoena executed on 10/30/01 upon Barbara Gardner (flc)	PACER
	Nov. 13, 2001	RETURN OF SERVICE on subpoena executed on 10/31/01 upon Ashley Craiger (flc)	PACER
	Nov. 13, 2001	RETURN OF SERVICE on subpoena executed on 11/1/01 upon Pamela J. Hensley (flc)	PACER
	Nov. 13, 2001	RETURN OF SERVICE on subpoena executed on 11/1/01 upon Nicole Hogg (flc)
	Nov. 13, 2001	RETURN OF SERVICE on subpoena executed on 11/5/01 upon Ida Caudill (flc)
	Nov. 13, 2001	RETURN OF SERVICE on subpoena executed on 11/5/01 upon Melinda Sexton (flc)
	Nov. 13, 2001	RETURN OF SERVICE on subpoena executed on 11/5/01 upon Brandi Sexton (flc)
	Nov. 13, 2001	RETURN OF SERVICE on subpoena executed on 10/30/01 upon Barbara Gardner (flc)
	Nov. 13, 2001	RETURN OF SERVICE on subpoena executed on 10/31/01 upon Ashley Craiger (flc)
	Nov. 13, 2001	RETURN OF SERVICE on subpoena executed on 11/1/01 upon Pamela J. Hensley (flc)
	Nov. 16, 2001	RETURN OF SERVICE on subpoena executed on 11/9/01 as to Marsha Moore (flc)	PACER
	Nov. 16, 2001	RETURN OF SERVICE on subpoena executed on 11/9/01 as to Marsha Moore (flc)
14	Nov. 30, 2001	NOTICE TO TAKE DEPOSITION OF Ricky A. Church on December 5, 2001 at 10:00 a.m. at the Bland Correctional Center in Bland, VA by Pentman, LLC (flc)	RECAP
15	Feb. 26, 2002	MOTION for Summary Judgment by Pentman, LLC (flc)	RECAP
16	Feb. 26, 2002	MEMORANDUM by Pentman, LLC in support of [15-1] motion for Summary Judgment by Pentman, LLC (flc)	RECAP
17	Feb. 26, 2002	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)	RECAP
18	Feb. 26, 2002	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)	RECAP
19	March 7, 2002	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	RECAP
20	March 7, 2002	UNOPPOSED MOTION to Extend Time to respond to deft's motion for summary judgment by Equal Employment Opp, Pentman, LLC (flc)	RECAP
21	March 7, 2002	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)	RECAP
22	March 7, 2002	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)	RECAP
	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)	PACER
	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)
23	March 18, 2002	MEMORANDUM RESPONSE by Equal Employment Opp in opposition to [15-1] motion for Summary Judgment by Pentman, LLC (ehs)	RECAP
	March 18, 2002	Deadline updated; Response to Motion reset to 3/18/02 for [15-1] motion for Summary Judgment (aec)	PACER
	March 18, 2002	Deadline updated; Response to Motion reset to 3/18/02 for [15-1] motion for Summary Judgment (aec)
24	March 25, 2002	REPLY/RESPONSE by Pentman, LLC to [23-1] opposition memorandum by Equal Employment Opp (flc)	RECAP
	March 25, 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)	PACER
	March 25, 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)
25	April 12, 2002	MEMORANDUM OPINION AND ORDER denying [15-1] motion for Summary Judgment ( signed by Judge James P. Jones ) (flc)	RECAP
	April 18, 2002	Deadline updated; resetting Jury Trial for 9:00 11/12 thru 15/02 in BSG (aec)	PACER
	April 18, 2002	Deadline updated; resetting Jury Trial for 9:00 11/12 thru 15/02 in BSG (aec)
26	May 24, 2002	ORDER referring case to Honorable Pamela Meade Sargent to conduct such mediation proceedings as she deems proper ( signed by Judge James P. Jones ) [EOD Date 5/24/02] (ejs)	RECAP
27	May 31, 2002	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)	RECAP
	Nov. 20, 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)	PACER
	Nov. 20, 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)
28	Dec. 17, 2002	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)	RECAP
	Dec. 17, 2002	Case closed (flc)	PACER
	Dec. 17, 2002	Case closed (flc)

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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

Private Entity/Person

Pentman, LLC

Case Details

Causes of Action:

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

Other Dockets:

Western District of Virginia 2:01-cv-00043

Available Documents:

Any published opinion

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

Issues

General/Misc.:

Retaliation

Discrimination Area:

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

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination Basis:

Sex discrimination

Affected Sex/Gender(s):

Female

EEOC-centric:

Direct Suit on Merits

Recommended Citation

Case Summary of EEOC v. Pentman, LLC d/b/a Arby's of Wise, VA, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/8396/ (last updated 10/25/2007).