Case: EEOC v. FLEMING INC (d/b/a J EDWARD'S)

4:99-cv-02157 | U.S. District Court for the District of South Carolina

Filed Date: June 30, 1999

Closed Date: 2001

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Case Summary

In June 1999, the EEOC's Charlotte office filed this suit in the U.S. District Court for the District of South Carolina against Fleming, Inc., d/b/a J. Edward's, alleging repeated violations of Title VII of the Civil Rights Act of 1964. Specifically, the EEOC alleged that the owner and proprietor of the defendant restaurant had been subjecting male servers to sexual harassment and a hostile work environment. One complainant intervened in the suit successfully in May 2000. The defendant moved for summary judgment in August 2000, but through a Report and Recommendation of the Magistrate Judge, the motion was denied. The defendant objected to that decision and, in March 2001, the District Judge overruled the objection. The parties then were able to come to an agreement that was approved by the court in the form of a consent decree in March 2001. That decree awarded $45,000 in damages and attorney's fees to three complainants. It also enjoined the defendant from discriminating or retaliating in the future in violation of Title VII. Further, it required the defendant to amend its current anti-discrimination policy and institute training programs for its employees on the topic of Title VII's requirements and sexual harassment.

Summary Authors

Justin Kanter (8/14/2007)

Documents in the Clearinghouse

Documents in this case

4:99-cv-02157	Docket (PACER) EEOC v. Fleming Inc	March 29, 2001	March 29, 2001 Docket
36 4:99-cv-02157	Magistrate Judge's Report and Recommendation [Regarding Defendant's Motion for Summary Judgment] EEOC v. Fleming Inc	Dec. 8, 2000	Dec. 8, 2000 Magistrate Report/Recommendation
49 4:99-cv-02157	Order [Adopting Magistrate Judge's Report and Recommendation] EEOC v. Fleming Inc	March 1, 2001	March 1, 2001 Order/Opinion
53 4:99-cv-02157	Consent Decree EEOC v. Fleming Inc	March 29, 2001	March 29, 2001 Settlement Agreement

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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

Last updated March 25, 2025, 8:43 a.m.

ECF Number	Date	Description	Link
1	June 30, 1999	COMPLAINT, no filing fee required by statute; Scheduling order due by 10/8/99 Service due by 10/28/99 for Fleming Inc (former empl) (Entered: 07/01/1999)	PACER
2	June 30, 1999	Answers to 16B Interrogatories by plaintiff EEOC; jury demand (former empl) (Entered: 07/01/1999)	PACER
	June 30, 1999	** Added JURY Flag indicating jury demand request. (former empl) (Entered: 07/01/1999)	PACER
3	July 2, 1999	ANSWER to Local Rule Interrogatory 26.03 (N) by plaintiff EEOC (former empl) (Entered: 07/02/1999)	PACER
4	July 12, 1999	SCHEDULING ORDER setting Plaintiff's ID of Experts set for 12/30/99 ; Defendant's ID of Experts set for 1/31/00 ; Joining of parties,amending of pleadings on 11/30/99 ; Deadline for filing of all motions 3/17/00 ; Discovery cutoff 3/2/00 ; Jury Trial set for on or after 6/7/00 ; ( signed by Magistrate Judge Terry L. Wooten ) eod 7/12/99 mld (swel) (Entered: 07/12/1999)	PACER
5	July 23, 1999	WAIVER OF SERVICE as to Fleming Inc Answer due on 8/23/99 for Fleming Inc (swel) (Entered: 07/23/1999)	PACER
6	Aug. 23, 1999	ANSWER to Complaint by defendant Fleming Inc (Attorney Henrietta U. Golding) (swel) (Entered: 08/23/1999)	PACER
7	Sept. 7, 1999	MOTION to intervene by Matthew Morrison to become intervenor plaintiff (former empl) (Entered: 09/07/1999)	PACER
8	Sept. 7, 1999	MEMORANDUM by movant Matthew Morrison in support of [7-1] motion to intervene by Matthew Morrison to become intervenor plaintiff (former empl) (Entered: 09/07/1999)	PACER
9	Sept. 20, 1999	MEMORANDUM by defendant Fleming Inc in opposition to [7-1] motion to intervene by Matthew Morrison to become intervenor plaintiff (swel) (Entered: 09/20/1999)	PACER
10	Oct. 13, 1999	Answers to 16B Interrogatories by defendant Fleming Inc (swel) (Entered: 10/13/1999)	PACER
	Nov. 23, 1999	CASE reassigned from Judge Currie to Judge Patrick Michael Duffy (glev) (Entered: 11/23/1999)	PACER
11	Dec. 30, 1999	Plaintiff's ID of Experts by EEOC (swel) (Entered: 12/30/1999)	PACER
12	Feb. 1, 2000	CONSENT PROTECTIVE ORDER ( signed by Magistrate Judge Terry L. Wooten ) eod 2/1/00 mld (swel) (Entered: 02/01/2000)	PACER
13	Feb. 1, 2000	CONSENT AMENDED SCHEDULING ORDER setting Defendant's ID of Experts set for 3/1/00 ; Deadline for filing of all motions 5/22/00 ; Discovery cutoff 5/2/00 ; Jury Trial set for 8/14/00 ; ( signed by Magistrate Judge Terry L. Wooten ) eod 2/1/00 mld (swel) (Entered: 02/01/2000)	PACER
14	Feb. 15, 2000	SECOND SUPPLEMENTAL REQUEST for Production of Documents by defendant Fleming Inc (swel) (Entered: 02/15/2000)	PACER
15	March 24, 2000	NOTICE of Hearing: civil pending motions hearing set for Thursday, April 13, 2000 at 2:30 pm (swel) (Entered: 03/27/2000)	PACER
	April 13, 2000	Motion hearing re: [7-1] motion to intervene by Matthew Morrison to become intervenor plaintiff before Magistrate Judge Terry L. Wooten; Motion taken under advisement; Court reporter: Vince Rolland. (aric) (Entered: 04/13/2000)	PACER
	April 13, 2000	Minute entry: [7-1] motion to intervene by Matthew Morrison to become intervenor plaintiff taken under advisement (aric) (Entered: 04/13/2000)	PACER
16	May 2, 2000	ORDER granting [7-1] motion to intervene by Matthew Morrison to become intervenor plaintiff ( signed by Magistrate Judge Terry L. Wooten ) eod/mld 5/2/00 (amil) (Entered: 05/02/2000)	PACER
17	May 5, 2000	Intervenor's COMPLAINT by Mathew Morrison against defendant Fleming Inc (swel) (Entered: 05/05/2000)	PACER
18	May 5, 2000	ANSWER to Interrogatories by intervenor-plaintiff Matthew Morrison (swel) (Entered: 05/05/2000)	PACER
20	June 7, 2000	ANSWER to Complaint by defendant Fleming Inc, intervenor-defendant Fleming Inc to complaint intervention (Attorney Henrietta U. Golding/D. Michael Henthorne); jury demand (swel) (Entered: 06/08/2000)	PACER
21	June 7, 2000	Answers to 16B Interrogatories and Documents to be Produced by defendant Fleming Inc; (as to Intervenor Mathew Morrison); jury demand (swel) (Entered: 06/08/2000)	PACER
22	Aug. 31, 2000	MOTION by defendant Fleming Inc to dismiss or in the alternative for clarification (as to class action aspect of Plaintiff's Complaint and prayer for class relief) (swel) (Entered: 09/01/2000)	PACER
23	Aug. 31, 2000	MEMORANDUM by defendant Fleming Inc in support of [22-1] motion to dismiss or in the alternative for clarification (as to class action aspect of Plaintiff's Complaint and prayer for class relief) [exhibits 1 - l0 attached] (swel) (Entered: 09/01/2000)	PACER
24	Aug. 31, 2000	MOTION by defendant Fleming Inc for summary judgment (swel) (Entered: 09/01/2000)	PACER
25	Aug. 31, 2000	MEMORANDUM by defendant Fleming Inc in support of [24-1] motion for summary judgment (exhibits 1 - 16 attached) (swel) (Entered: 09/01/2000)	PACER
26	Sept. 14, 2000	MOTION by plaintiff EEOC to extend time to respond to defendant's motion to dismiss, or in the alternative, for clarification and defendant's motion for summary judgment (swel) (Entered: 09/18/2000)	PACER
27	Sept. 19, 2000	ORDER granting [26-1] motion to extend time to respond to defendant's motion to dismiss, or in the alternative, for clarification and defendant's motion for summary judgment Response to motion reset to 9/29/00 for [24-1] motion for summary judgment, reset to 9/29/00 for [22-1] motion to dismiss or in the alternative for clarification (as to class action aspect of Plaintiff's Complaint and prayer for class relief) ( signed by Judge Patrick Michael Duffy ) eod 9/20-00 mld/faxed (swel) (Entered: 09/20/2000)	PACER
28	Sept. 29, 2000	RESPONSE by intervenor-plaintiff Matthew Morrison to [24-1] motion for summary judgment(with exhibit 1 attached) (former empl) (Entered: 09/29/2000)	PACER
29	Sept. 29, 2000	RESPONSE by plaintiff EEOC to [22-1] motion to dismiss or in the alternative for clarification (as to class action aspect of Plaintiff's Complaint and prayer for class relief) (former empl) (Entered: 10/02/2000)	PACER
30	Sept. 29, 2000	RESPONSE by plaintiff EEOC to [24-1] motion for summary judgment (former empl) (Entered: 10/02/2000)	PACER
31	Sept. 29, 2000	AFFIDAVIT of David Treeter by plaintiff EEOC Re: [14-1] produce requested (former empl) (Entered: 10/02/2000)	PACER
32	Oct. 13, 2000	SUPPLEMENT ALANSWER to Interrogatories by intervenor-plaintiff Matthew Morrison (former empl) (Entered: 10/13/2000)	PACER
34	Nov. 22, 2000	NOTICE of Hearing before Magistrate Judge Terry L. Wooten reset Motion Hearing to 10:15 12/5/00 for [24-1] motion for summary judgment, to 10:15 12/5/00 for [22-1] motion to dismiss or in the alternative for clarification (as to class action aspect of Plaintiff's Complaint and prayer for class relief) (swel) (Entered: 11/22/2000)	PACER
35	Dec. 5, 2000	MOTION HEARING [24-1] motion for summary judgment held, [22-1] motion to dismiss or in the alternative for clarification (as to class action aspect of Plaintiff's Complaint and prayer for class relief) held ORAL ORDER [24-1] motion for summary judgment taken under advisement, [22-1] motion to dismiss or in the alternative for clarification (as to class action aspect of Plaintiff's Complaint and prayer for class relief) taken under advisement (before Magistrate Judge Terry L. Wooten) Court Reporter: Sharon Welch ESR Tape 00HR41 4364-END 00HR42 3-2056 (aric) (Entered: 12/06/2000)	PACER
36	Dec. 8, 2000	REPORT AND RECOMMENDATION of Magistrate Judge Terry L. Wooten recommending that both the defendant's motion for summary judgment and to dismiss, or in the alternative for clarification, be DENIED in their entirety . Case no longer referred to Magistrate Judge Terry L. Wooten Objections to R and R due by 12/29/00; eod 12/11/00 mld (swel) (Entered: 12/11/2000)	PACER
37	Dec. 20, 2000	OBJECTION by defendant Fleming Inc to [36-1] report and recommendations (swel) (Entered: 12/20/2000)	PACER
38	Jan. 5, 2001	REPLY by plaintiff EEOC to [37-1] objection (bbro) (Entered: 01/08/2001)	PACER
39	Jan. 9, 2001	REPLY by intervenor-plaintiff Matthew Morrison to [37-1] objection (former empl) (Entered: 01/09/2001)	PACER
39	Jan. 9, 2001	OBJECTION by intervenor-plaintiff Matthew Morrison to [36-1] report and recommendations (former empl) (Entered: 01/09/2001)	PACER
40	Jan. 25, 2001	CALENDAR NOTICE of Hearing set jury selection for 10:00 3/5/01 before Judge Patrick Michael Duffy , set mediation deadline for 2/23/01 (amil) (Entered: 01/25/2001)	PACER
41	Jan. 30, 2001	PRE-TRIAL NOTICE by defendant Fleming Inc to [40-1] notice hearing set jury selection for 10:00 3/5/01 before Judge Patrick Duffy, [40-2] notice hearing set mediation deadline for 2/23/01 (amil) (Entered: 01/31/2001)	PACER
42	Jan. 31, 2001	RESPONSE by intervenor-plaintiff Matthew Morrison to [40-1] notice hearing set jury selection for 10:00 3/5/01 before Judge Patrick Michael Duffy, [40-2] notice hearing set mediation deadline for 2/23/01 (amil) (Entered: 01/31/2001)	PACER
43	Feb. 2, 2001	Pre-trial Notice REPLY by plaintiff EEOC to [40-1] notice hearing set jury selection for 10:00 3/5/01 before Judge Patrick Michael Duffy, [40-2] notice hearing set mediation deadline for 2/23/01 (amil) (Entered: 02/06/2001)	PACER
45	Feb. 9, 2001	AFFIDAVIT of Kerith Cohen by plaintiff EEOC Re: [44-1] motion for Kerith Cohen to appear pro hac vice FILING FEE AMOUNT not paid (28:1914 doesn't allow district courts to collect filing fees from the United States) (amil) (Entered: 02/13/2001)	PACER
46	Feb. 13, 2001	CONSENT ORDER reset mediation deadline for 3/2/01 for Fleming Inc, for Matthew Morrison, for Fleming Inc, for EEOC ( signed Judge Patrick Michael Duffy ) eod/mld 2/13/01 (amil) (Entered: 02/13/2001)	PACER
47	Feb. 21, 2001	ORDER granting [44-1] motion for Kerith Cohen to appear pro hac vice as counsel of record for the plaintiff; FILING FEE AMOUNT (signed by Judge Patrick Michael Duffy) (EOD/MLD 02/21/01) (sste) (Entered: 02/21/2001)	PACER
48	Feb. 26, 2001	NOTICE of Hearing set Jury trial for 10:00 3/7/01 before Judge Patrick Michael Duffy (amil) (Entered: 02/26/2001)	PACER
50	Feb. 28, 2001	Voir dire questions by intervenor-plaintiff Matthew Morrison (amil) (Entered: 03/02/2001)	PACER
51	Feb. 28, 2001	PRETRIAL BRIEF by intervenor Matthew Morrison (amil) (Entered: 03/02/2001)	PACER
49	March 1, 2001	ORDER adpoting magistrate's R&R and denying [24-1] motion for summary judgment, denying [22-1] motion to dismiss or in the alternative for clarification (as to class action aspect of Plaintiff's Complaint and prayer for class relief) ( signed by Judge Patrick Michael Duffy ) eod 3/1/01 (cmck) (Entered: 03/01/2001)	PACER
52	March 7, 2001	ORDER that this action is dismissed without prejudice. If settlement not consummated within 60 days, either party may petition the court to reopen/restore the calendar. Dismisssal shall be with prejudice if no action is taken under either alternative within 60 days from filing date of order ( signed by Judge Patrick Michael Duffy ) eod/mld 3/7/01 (amil) (Entered: 03/07/2001)	PACER
	March 7, 2001	Case closed per Rubin order (amil) (Entered: 03/07/2001)	PACER
53	March 29, 2001	ORDER AND CONSENT DECREE outlining guidelines of settlement; Bryan Stahl and Matthew Goheen shall receive $10,000.00, Matthew Morrison shall receive $15,000.00, Defendant shall pay Plaintiff-Intervenor's attorneys fees in the amount of $10,000.00 and parties agree to all other items as outlined in this document. ( signed by Judge Patrick Michael Duffy ) eod 3/29/01 (cmck) (Entered: 03/29/2001)	PACER

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Case Details

State / Territory:

South Carolina

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

IWPR/Wage Project Consent Decree Study

Key Dates

Filing Date: June 30, 1999

Closing Date: 2001

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: No

Class Action Outcome: Not sought

Defendants

Private Entity/Person

Fleming, Inc.

Case Details

Causes of Action:

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

Other Dockets:

District of South Carolina 4:99-cv-02157

Available Documents:

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Expungement of Employment Record

Monitoring

Neutral/Positive Reference

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Retaliation Prohibition

Amount Defendant Pays: 45000

Order Duration: 2001 - 2003

Issues

Discrimination Area:

Disparate Treatment

Discrimination Basis:

Sex discrimination

Affected Sex/Gender(s):

Male

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit

Recommended Citation

Case Summary of EEOC v. FLEMING INC (d/b/a J EDWARD'S), Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/8489/ (last updated 8/14/2007).