Case: EEOC v. SMURFIT STONE CONTAINER CORP

1:04-cv-05996 | U.S. District Court for the Northern District of Illinois

Filed Date: Sept. 14, 2004

Closed Date: 2007

Clearinghouse coding complete

Case Summary

In September 2004, the Chicago District Office of the EEOC filed this suit against Jefferson Smurfit Corporation in the U.S. District Court for the Northern District of Illinois alleging that the defendant discriminated on the basis of race in violation of Title VII of the Civil Rights Act of 1964 by subjecting the charging parties, four African American employees, to racial harassment. The charging parties intervened in the suit in November 2004. After some scheduling orders and a couple of …

In September 2004, the Chicago District Office of the EEOC filed this suit against Jefferson Smurfit Corporation in the U.S. District Court for the Northern District of Illinois alleging that the defendant discriminated on the basis of race in violation of Title VII of the Civil Rights Act of 1964 by subjecting the charging parties, four African American employees, to racial harassment. The charging parties intervened in the suit in November 2004. After some scheduling orders and a couple of settlement conferences, the parties settled through a consent decree in February 2005.

The two-year decree, containing non-discrimination and non-retaliation clauses, required the defendant to: post a Title VII notice, keep records of all complaints of racial harassment, report semi-annually to the EEOC, distribute its anti-harassment policy and investigation procedure to employees, provide annual Title VII training for all its employees, and pay $120,000 to be distributed among the charging parties.

The decree was entered in 2005 and scheduled to last until 2007. No further docket entries exist, so the case is closed.

Summary Authors

Michele Marxkors (6/14/2007)

Documents in the Clearinghouse

Document

1:04-cv-05996

Docket (PACER)

EEOC v. Jefferson Smurfit

Feb. 7, 2005

Feb. 7, 2005

Docket
1

1:04-cv-05996

Complaint

Equal Employment Opportunity Commission v. Smurfit-Stone Container Corp.

Sept. 15, 2004

Sept. 15, 2004

Complaint
11

1:04-cv-05996

Amended Complaint

Equal Employment Opportunity Commission v. Jefferson Smurfit Corp. (US.)

Nov. 4, 2004

Nov. 4, 2004

Complaint
24

1:04-cv-05996

Consent Decree

Equal Employment Opportunity Commission and Milton Parker, Keyon Hayes, and Ed Washington v. Jefferson Smurfit Corp. (US.)

Feb. 7, 2005

Feb. 7, 2005

Settlement Agreement

Resources

Docket

Last updated Aug. 4, 2022, 3:22 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT; Jury demand - Civil cover sheet - Appearance(s) of John C. Hendrickson, Gregory M. Gochanour, Richard John Mrizek as attorney(s) for plaintiff (No summons(es) issued.) (Documents: 1-1 through 1-3) (cem) (Entered: 09/15/2004)

Sept. 14, 2004

Sept. 14, 2004

2

MINUTE ORDER of 9/22/04 by Hon. Amy J. St. Eve : Status hearing set for 11/1/04 at 9:00 a.m. Initial status hearing set before Judge Amy St. Eve in Courtroom 1241 for 11/1/04 at 9:00 a.m. The parties are directed to file an initial status report as provided by this order no later than 10/27/04, with a courtesy copy to chambers. (For further details see reverse of order.) Mailed notice by judge's staff (eav) (Entered: 09/23/2004)

Sept. 22, 2004

Sept. 22, 2004

3

WAIVER of service of summons as to defendant Smurfit-Stone sent on 9/15/04. (hp) (Entered: 10/19/2004)

Oct. 18, 2004

Oct. 18, 2004

SCHEDULE set on 10/21/04 by Hon. Amy J. St. Eve : Status hearing reset from 9:00 11/1/04 to 9:00 11/4/04 . Mailed notice (tmh) (Entered: 10/21/2004)

Oct. 21, 2004

Oct. 21, 2004

4

MOTION by plaintiff EEOC for leave to file amended complaint substituting Jefferson Smurfit Corp. (U.S.) for Smurfit-Stone Container Corp as the defendant (Attachment); Notice. (jmp) (Entered: 10/25/2004)

Oct. 21, 2004

Oct. 21, 2004

5

MINUTE ORDER of 10/22/04 by Hon. Amy J. St. Eve : Plaintiff EEOC's motion for leave to [4-1] file amended complaint substituting Jefferson Smurfit Corp. (U.S.) for Smurfit-Stone Container Corp as defendant is granted [4-2]. The Clerk is directed to amend this case accordingly. Mailed notice (jmp) (Entered: 10/25/2004)

Oct. 22, 2004

Oct. 22, 2004

6

REPORT by the parties planning meeting and Proposed Scheduling Order. (hp) (Entered: 10/29/2004)

Oct. 27, 2004

Oct. 27, 2004

7

ATTORNEY APPEARANCE for movants - proposed plaintiffs-intervenors ,Milton Parker, Keyon Hayes, Robert Ewen, Ed Washington by Stanley Eisenstein, Jerrold Olszewski. (hp) (Entered: 10/29/2004)

Oct. 27, 2004

Oct. 27, 2004

9

MOTION by proposed intervenors Milton Parker, Keyon Hayes, Robert Ewen, Ed Washington to intervene (Attachment); Notice. (hp) (Entered: 11/05/2004)

Oct. 27, 2004

Oct. 27, 2004

8

REFERRAL ORDER: Case referred to Hon. Sidney I. Schenkier for Settlement Conference Mailed notice. (tmh) (Entered: 11/04/2004)

Nov. 4, 2004

Nov. 4, 2004

10

MINUTE ORDER of 11/4/04 by Hon. Amy J. St. Eve : Status hearing held and continued 12/15/04 at 9:00 a.m. Motion to intervene is granted. [9-1] Amended complaint to be filed by or on 11/08/04. Defendant to answer or otherwise plead by 11/03/04. Rule 26(a)(1) disclosures due 12/08/04. Written discovery to be issued by 12/20/04. All discovery to close 08/31/05. Plaintiff's expert disclosures and reports due 04/01/05. Defendant's expert disclosures and reports due 05/16/05. Case referred to Magistrate Judge Schenkier to conduct a settlement conference. Mailed notice (hp) (Entered: 11/05/2004)

Nov. 4, 2004

Nov. 4, 2004

11

FIRST AMENDED COMPLAINT [1-1] by plaintiff; jury demand; Notice. (ntf) (Entered: 11/10/2004)

Nov. 4, 2004

Nov. 4, 2004

SCHEDULE set on 11/12/04 by Hon. Sidney I. Schenkier : Status hearing set to 9:00 11/24/04 . Telephone and mail notice (mmm) (Entered: 11/12/2004)

Nov. 12, 2004

Nov. 12, 2004

12

MINUTE ORDER of 11/17/04 by Hon. Sidney I. Schenkier : Settlement conference set for 01/13/05 at 1:30 p.m., in chambers 1756. The settlement conference will be conducted in accordance with the Court's Standing Order on Instructions for Settlement Conference, which is enclosed and can also be accessed from the Court's Website at http://10.205.15.104/Judge/Schenkier/sispage.htm. The schedule for exchange of demand and offer set forth in the standing order is as follows: plaintiff's counsel shall serve on defense counsel a written settlement demand by 12/20/04. Defendant's counsel shall seve on plaintiff's counsel a written settlement offer by 01/07/05. The parties shall deliver copies of these letters to chambers by noon 01/10/05. Parties with ultimate settlement authority must attend the conference. The status conference set for 11/24/04 at 9:00 a.m. is stricken. Mailed notice (hp) (Entered: 11/18/2004)

Nov. 17, 2004

Nov. 17, 2004

13

ATTORNEY APPEARANCE for unknown Jefferson Smurfit by Keith A. Dorman, Mark J. Sheppard, Melissa M. Bien. (lc) (Entered: 12/01/2004)

Nov. 30, 2004

Nov. 30, 2004

14

ANSWER by Jefferson Smurfit Corp. and affirmative defenses to intervenors' complaint; Notice. (lc) (Entered: 12/01/2004)

Nov. 30, 2004

Nov. 30, 2004

15

ANSWER by Jefferson Smurfit and affirmative defenses to plaintiff's first amended complaint [11-1]; Notice. (lc) (Entered: 12/01/2004)

Nov. 30, 2004

Nov. 30, 2004

SCHEDULE set on 12/14/04 by Hon. Amy J. St. Eve : Status hearing reset from 9:00 12/15/04 to 9:00 1/18/05 . Mailed notice (tmh) (Entered: 12/14/2004)

Dec. 14, 2004

Dec. 14, 2004

SCHEDULE set on 1/14/05 by Hon. Amy J. St. Eve : Status hearing reset from 9:00 1/18/05 to 9:00 1/20/05 . Mailed notice (tmh) (Entered: 01/14/2005)

Jan. 14, 2005

Jan. 14, 2005

17

MINUTE entry before Judge Sidney I. Schenkier : Settlement conference held. By the close of business on 1/18/05, each side is to separately inform the Court by facsimile (312) 554-8677) whether that side accepts the Court's settlement recommendation. The matter is set for a status conference on 1/19/05 at 9:00 a.m. (hp, ) (Entered: 01/20/2005)

Jan. 14, 2005

Jan. 14, 2005

16

MINUTE entry before Judge Sidney I. Schenkier : Status hearing held on 1/19/2005 Status hearing set for 1/27/2005 at 09:30 AM. (mmm, ) (Entered: 01/19/2005)

Jan. 19, 2005

Jan. 19, 2005

18

MINUTE entry before Judge Amy J. St. Eve : Status hearing set for 1/31/2005 at 09:00 AM. (tmh, ) (Entered: 01/23/2005)

Jan. 21, 2005

Jan. 21, 2005

19

MINUTE entry before Judge Sidney I. Schenkier : Status hearing held on 1/27/2005. Status hearing set for 1/31/2005 at 08:30 AM. (mmm, ) (Entered: 01/27/2005)

Jan. 27, 2005

Jan. 27, 2005

20

MINUTE entry before Judge Sidney I. Schenkier : Status hearing held on 1/31/2005 Settlement Conference set for 2/4/2005 at 10:00 AM. (mmm, ) (Entered: 01/31/2005)

Jan. 31, 2005

Jan. 31, 2005

21

MINUTE entry before Judge Amy J. St. Eve : Status hearing held on 1/31/2005 Status hearing set for 2/7/2005 at 08:30 AM. (tmh, ) (Entered: 01/31/2005)

Jan. 31, 2005

Jan. 31, 2005

22

MINUTE entry before Judge Sidney I. Schenkier : Further settlement conference held. Final agreement on settlement language reached and settlement document signed, as reflected in the proceedings on the record. The parties will present all necessary settlement and dismissal papers to the presiding district judge on 2/7/05. All matters relating to this referral having been resolved, the referral is terminated. Docketing to mail notices. (jmm, ) (Entered: 02/08/2005)

Feb. 4, 2005

Feb. 4, 2005

23

MINUTE entry before Judge Amy J. St. Eve : Enter Consent Decree. Status hearing held. Case dismissed. This Court shall retain jurisdiction to enforce the terms of the Consent Decree. Any pending dates are stricken. Any pending motions are moot. Civil case terminated. Docketing to mail notices. (cdy, ) (Entered: 02/09/2005)

Feb. 7, 2005

Feb. 7, 2005

24

CONSENT DECREE. Signed by Judge Amy J. St. Eve on 2/4/2005. (cdy, ) Modified on 1/26/2006 (gma, ). (Entered: 02/09/2005)

Feb. 7, 2005

Feb. 7, 2005

Case Details

State / Territory: Illinois

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

IWPR/Wage Project Consent Decree Study

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 14, 2004

Closing Date: 2007

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

Jefferson Smurfit Corporation (Hanover Park, IL), Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 120000

Order Duration: 2005 - 2007

Content of Injunction:

Provide antidiscrimination training

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Reporting

Recordkeeping

Monitoring

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