Case: EEOC v. M & W Engineers

1:02-cv-00091 | U.S. District Court for the Southern District of Mississippi

Filed Date: March 4, 2002

Closed Date: Jan. 27, 2004

Clearinghouse coding complete

Case Summary

In March 2002, the Birmingham office of the EEOC brought this suit against M & W Engineers, et al. in the U.S. District Court for the Southern District of Mississippi. The claimant intervened in the EEOC's suit in June 2002 (the defendant filed counterclaims against the intervening claimant). The defendant filed a partial motion for summary judgment in January 2003, and the court denied the motion in September 2003. After several discovery motions, the defendant filed another motion for partial summary judgment, a motion to dismiss the intervenor's complaint, and a motion to dismiss the complaint against certain defendant's in September 2003. The EEOC dismissed its complaints against certain defendants in the same month. The parties reached a settlement agreement and dismissed the case in January 2004. No information was made available pertaining to the settlement agreement or the nature of the suit.

Summary Authors

Kevin Wilemon (7/18/2007)

Documents in the Clearinghouse

Document

Docket

EEOC v. M & W Engineers, et al

Feb. 18, 2004 Docket

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT; jury demand; Notice of Assignment mailed. (pak) (Entered: 03/04/2002)

March 4, 2002

Magistrate Judge John M. Roper Assignment (pak) (Entered: 03/04/2002)

March 4, 2002

Case assigned to Pending Track - designation of appropriate track will be made after Case Management Conference and a final track assignment. (pak) (Entered: 03/04/2002)

March 4, 2002
3

NOTICE OF REQUEST FOR WAIVER of Service as to M & W Engineers 3/18/02; Waiver of Service due by 4/17/02 for M & W Engineers. (pak) (Entered: 05/17/2002)

May 17, 2002
4

MOTION to Intervene by Robert G. Maddox Jr. (pak) (Entered: 06/07/2002)

June 7, 2002
5

MOTION by movant Robert G. Maddox Jr. for Cecily K. Rothrock to Appear Pro Hac Vice (copy to Jackson) (pak) (Entered: 06/07/2002)

June 7, 2002

Pro Hac Vice fee paid by Cecily K. Rothrock. FILING FEE $25.00, RECEIPT #B017499. (copy to Jackson) (pak) Modified on 06/13/2002 (Entered: 06/07/2002)

June 7, 2002

SUMMONS(ES) issued for defendant M & W and Associates (pak) (Entered: 06/13/2002)

June 12, 2002
6

ORDER granting [5-1] motion for Cecily K. Rothrock to Appear Pro Hac Vice for intervenor-plaintiff, Robert G. Maddox, Jr. ( signed by Magistrate Judge John M. Roper ); copies mailed. (copy to Jackson) (pak) Modified on 06/13/2002 (Entered: 06/13/2002)

June 12, 2002
7

Minute Entry Order: granting [4-1] motion to Intervene by Robert G. Maddox Jr. ( signed by Magistrate Judge John M. Roper ) Copies mailed. (pak) (Entered: 06/13/2002)

June 12, 2002
8

Intervenor's COMPLAINT by Robert G. Maddox Jr. against defendant M & W and Associates. (pak) (Entered: 06/13/2002)

June 12, 2002
9

SUMMONS Returned Executed as to defendant M & W and Associates 6/17/02; Answer due on 7/7/02. (pak) (Entered: 06/24/2002)

June 24, 2002
10

ANSWER by defendant M & W and Associates (Attorney Amy Camille Felder) to amended complaint. (pak) (Entered: 07/02/2002)

July 2, 2002
11

ANSWER to Complaint and COUNTERCLAIM by defendant M & W and Associates against intervenor-plaintiff Robert G. Maddox Jr. (pak) (Entered: 07/02/2002)

July 2, 2002
12

CORPORATE DISCLOSURE STATEMENT regarding corporate structure by defendant M & W and Associates. (pak) (Entered: 07/08/2002)

July 8, 2002
13

ANSWER (REPLY) by counter-defendant Robert G. Maddox Jr. to [11-2] counter claim by M & W Associates, Inc. (pak) (Entered: 07/18/2002)

July 18, 2002
14

Rule 16.1(A) Initial Order; copies mailed (pak) (Entered: 08/22/2002)

Aug. 22, 2002

Telephonic Case Management Conference set 10:00 12/3/02 location: Biloxi, MS before Magistrate Judge John M. Roper (copies mailed to Donald C. Partridge, Cecily K. Rothrock, Amy Camille Felder, Pamela K. Agee) (pak) (Entered: 08/22/2002)

Aug. 22, 2002
15

NOTICE by defendant M & W and Associates to take videotaped deposition of Mary McGee 12/13/02, Biloxi, MS. (pak) (Entered: 10/28/2002)

Oct. 28, 2002
17

NOTICE by defendant M & W and Associates to take videotaped deposition of Robert G. Maddox, Jr. 12/12/02, Biloxi, MS. (pak) (Entered: 10/28/2002)

Oct. 28, 2002

Telephonic Case Management Conference held (pak) (Entered: 11/06/2002)

Nov. 5, 2002
18

CASE MANAGEMENT ORDER Case Assigned to CJRA Track: Standard Parties Do Not Consent to Trial by a Magistrate Judge; Scheduling Deadlines: Jury Trial 7/21/03-8/22/03; Discovery cutoff 4/1/03; Joining of parties,amending of pleadings by 12/1/02; Pla. Designation of Experts by 1/3/03; Dft Designation of Experts by 2/3/03; Motion Filing deadline on 4/15/03; ( signed by Judge John M. Roper ) copies mailed. (pak) (Entered: 11/06/2002)

Nov. 6, 2002

Case assigned to Standard Track. (pak) (Entered: 11/06/2002)

Nov. 6, 2002
19

Notice of Service of Pre-Discovery Disclosure by plaintiff Equal Employment. (pak) (Entered: 11/07/2002)

Nov. 7, 2002
20

Notice of Service of Initial Disclosures by intervenor-plaintiff Robert G. Maddox Jr. (pak) (Entered: 11/08/2002)

Nov. 8, 2002
21

Minute Entry Order: Parties may exchange 30 requests for production, requests for admissions and interrogatories. May depose up to 10 witnesses ( signed by Magistrate Judge John M. Roper ) Copies mailed. (pak) (Entered: 11/12/2002)

Nov. 12, 2002
22

NOTICE of Intent to Serve Subpoenas Duces Tecum by defendant M & W and Associates to Heather M. Cummins and Mary Magee. (pak) (Entered: 11/14/2002)

Nov. 14, 2002
23

Notice of Service of Pre-Discovery Disclosure by defendant M & W and Associates. (pak) (Entered: 11/25/2002)

Nov. 25, 2002
24

Notice of Service of Interrogatories by plaintiff Equal Employment to defendant. (pak) (Entered: 12/02/2002)

Dec. 2, 2002
24

Notice of Service of Request for Production of Documents by plaintiff Equal Employment to defendant. (pak) (Entered: 12/02/2002)

Dec. 2, 2002
25

Notice of Service of Response by plaintiff Equal Employment to requests for production of documents. (pak) (Entered: 12/02/2002)

Dec. 2, 2002
26

Pre-Discovery Disclosure by plaintiff Equal Employment (pak) (Entered: 12/04/2002)

Dec. 4, 2002
27

MOTION by defendant M & W and Associates to Extend Time to Serve Responses/Objections to First Set of Interrogatories and Request for Production of Documents. (pak) (Entered: 12/10/2002)

Dec. 9, 2002
28

Notice of Service of Response by intervenor-plaintiff Robert G. Maddox Jr. to response to M&W's first request for production. (spc) (Entered: 12/16/2002)

Dec. 16, 2002
29

Good Faith Certificate executed by Cecily K. Rothrock, Pamela K. Agee as to [27-1] motion to Extend Time to Serve Responses/Objections. (unopposed) (pak) (Entered: 12/18/2002)

Dec. 18, 2002
31

Notice of Service of Response by defendant M & W and Associates to plaintiff's request for production and first set of interrogatories. (pak) (Entered: 12/20/2002)

Dec. 20, 2002
32

MOTION by defendant M & W and Associates for Partial Summary Judgment as to the claims of plaintiff on behalf of Mary McGee. (pak) (Entered: 01/02/2003)

Jan. 2, 2003
33

MOTION (REQUEST) by intervenor-plaintiff Robert G. Maddox Jr. to permit entry upon designated property (pak) (Entered: 01/03/2003)

Jan. 2, 2003
34

NOTICE of SERVICE by Robert G. Maddox Jr. of intervenor-plaintiff's expert witness disclosures. (pak) (Entered: 01/06/2003)

Jan. 6, 2003
35

DESIGNATION of EXPERTS by intervenor/plaintiff Robert Maddox. (pak) (Entered: 01/06/2003)

Jan. 6, 2003
36

RESPONSE by plaintiff Equal Employment in opposition to [32-1] motion for Partial Summary Judgment by defendant. (pak) (Entered: 01/21/2003)

Jan. 21, 2003
37

RE-NOTICE by defendant M & W and Associates to take deposition of Robert G. Maddox, Jr. 1/23/03, Mobile, Al. (pak) (Entered: 01/21/2003)

Jan. 21, 2003
38

Minute Entry Order:, Striking [36-1] response by Equal Employment to defendant's motion for partial summary judgment as untimely ( signed by Judge Walter J. Gex III ) Copies mailed. (pak) (Entered: 01/28/2003)

Jan. 28, 2003
39

NOTICE of Attorney Appearance for plaintiff Equal Employment by Prisca DeLeonardo and Pamela K. Agee (avm) (Entered: 01/30/2003)

Jan. 30, 2003
40

Notice of Service of Response by defendant M & W and Associates to Request to Permit Entry Upon Designated Property by Robert G. Maddox, Jr. (pak) (Entered: 01/31/2003)

Jan. 31, 2003
41

MOTION by defendant M & W and Associates to Extend Time for Expert Designation Deadline (pak) (Entered: 02/03/2003)

Feb. 3, 2003
42

MOTION by defendant M & W and Associates to Compel Execution of Social Security Administration Release (pak) (Entered: 02/03/2003)

Feb. 3, 2003
43

NOTICE of Intent to Serve Subpoeans Duces Tecum by defendant M & W and Associates on Dr. Ralph B. Pfeiffer, Dr. William I. Park, III, Dr. Guy E. Faget, and Dr. Gerald E. Silverboard. (pak) (Entered: 02/03/2003)

Feb. 3, 2003
44

MOTION by plaintiff Equal Employment for Reconsideration of [38-1] order Striking [36-1] response by Equal Employment to defendant's motion for partial summary judgment as untimely , or for Leave to File Response Out of Time (avm) (Entered: 02/06/2003)

Feb. 6, 2003
45

NOTICE of Intent to Serve Subpoena Duces Tecum by defendant M & W and Associates. (pak) (Entered: 02/13/2003)

Feb. 13, 2003
46

Notice of Service of First Set of Interrogatories by defendant M & W and Associates to plaintiff. (pak) (Entered: 02/18/2003)

Feb. 18, 2003
48

JOINT MOTION by plaintiff Equal Employment and defendant M & W and Associates to Extend Discovery Cutoff , and Reschedule Trial Date (pak) (Entered: 02/27/2003)

Feb. 27, 2003
49

Notice of Service of Response by defendant M & W and Associates to EEOC's request for production of documents. (pak) (Entered: 02/28/2003)

Feb. 28, 2003
50

Notice of Service of First Supplemental Response by defendant M & W and Associates to request for production of documents. (pak) (Entered: 03/05/2003)

March 5, 2003
51

MOTION by plaintiff Equal Employment to Compel Production of Personnel File (pak) (Entered: 03/05/2003)

March 5, 2003
52

Minute Entry Order: denying [44-1] motion for Reconsideration of [38-1] order Striking [36-1] response by Equal Employment to defendant's motion for partial summary judgment as untimely, granting [44-2] motion for Leave to File Response Out of Time. Response deadline 2/28/03 ( signed by Judge Walter J. Gex III ) Copies mailed. (pak) (Entered: 03/06/2003)

March 6, 2003
53

Minute Entry Order: granting [48-1] joint motion to Extend Discovery Cutoff, granting [48-2] joint motion Reschedule Trial Date, Set Case Management Order Deadlines Jury Trial 2/2/04-2/20/04; Discovery Cutoff 9/1/03; Pla. Designation of Experts by 6/1/03; Dft Designation of Experts by 7/1/03; Motion Filing Deadline on 9/15/03; ( signed by Judge John M. Roper ) Copies mailed. (pak) (Entered: 03/13/2003)

March 13, 2003
54

Notice of Service of Response by plaintiff Equal Employment to interrogatories of defendant. (pak) (Entered: 03/18/2003)

March 17, 2003
55

RESPONSE by plaintiff Equal Employment in opposition to [32-1] motion for Partial Summary Judgment by defendant. (pak) (Entered: 03/19/2003)

March 19, 2003
56

MOTION by plaintiff Equal Employment for Reconsideration of [38-1] order Striking [36-1] response by Equal Employment to defendant's motion for partial summary judgment as untimely (pak) (Entered: 03/19/2003)

March 19, 2003
57

RESPONSE by defendant M & W and Associates to [51-1] motion to Compel Production of Personnel File by plaintiff (avm) (Entered: 03/21/2003)

March 21, 2003
58

MOTION by defendant M & W and Associates to Extend Time to Serve Rebuttal Memorandum in Support of Motion for Partial Summary Judgment as to Claims of Plaintiff on Behalf of Mary McGee (avm) (Entered: 03/28/2003)

March 28, 2003
59

Minute Entry Order: granting [51-1] motion to Compel Production of Personnel File of Marty Gadberty after the parties enter into the protective order attached as exhibit 1 to defendant's response. ( signed by Magistrate Judge John M. Roper ) Copies mailed. (wld) (Entered: 03/31/2003)

March 31, 2003
60

Minute Entry Order: granting [58-1] motion to Extend Time to Serve Rebuttal Memorandum in Support of Motion for Partial Summary Judgment as to Claims of Plaintiff on Behalf of Mary McGee through 4/2/03 ( signed by Judge Walter J. Gex III ) Copies mailed. (pak) (Entered: 04/08/2003)

April 7, 2003
62

Notice of Service of Second Supplemental Pre-Discovery Disclosure by defendant M & W and Associates. (pak) (Entered: 05/19/2003)

May 19, 2003
63

NOTICE of Intent to Serve Subpoena Duces Tecum upon Jackson County Health Dept. by defendant M & W and Associates. (pak) (Entered: 05/21/2003)

May 21, 2003
64

Suggestion of death as to M & W and Associates (pak) (Entered: 05/30/2003)

May 30, 2003
65

AGREED PROTECTIVE ORDER: joint motion of defendant M&W and Associates and plaintiff EEOC for protective order . . . see order ( signed by Magistrate Judge John M. Roper ); copies mailed. (pak) (Entered: 06/12/2003)

June 11, 2003
66

MOTION by defendant M & W and Associates to Compel Production of Documents (pak) (Entered: 06/25/2003)

June 25, 2003
67

(copy) Good Faith Certificate executed by Amy Camille Felder, Pamela K. Agee as to [66-1] motion to Compel Production of Documents. (motion opposed by plaintiff) (pak) (Entered: 06/25/2003)

June 25, 2003
68

MOTION by plaintiff Equal Employment to Extend Time to Respond to Motion to Compel Production (pak) (Entered: 07/02/2003)

July 2, 2003
69

ORDER granting [68-1] motion to Extend Time to Respond to Motion to Compel Production, modifying the dates as outlined in plaintiff's motion. ( signed by Magistrate Judge John M. Roper ); copies mailed. (wld) (Entered: 07/08/2003)

July 7, 2003
70

Minute Entry Order: mooting [41-1] motion to Extend Time for Expert Designation Deadline. The motion is mmot per the Court's Order of March 13, 2003. ( signed by Magistrate Judge John M. Roper ) Copies mailed. (wld) (Entered: 07/17/2003)

July 17, 2003
71

Minute Entry Order: mooting [33-1] motion to permit entry upon designated property ( signed by Magistrate Judge John M. Roper ) Copies mailed. (wld) (Entered: 07/17/2003)

July 17, 2003
72

RESPONSE by plaintiff Equal Employment to [66-1] motion to Compel Production of Documents by defendant (wld) (Entered: 07/21/2003)

July 21, 2003
73

Submission of Evidence for in Camera Review by EEOC. (wld) (Entered: 07/21/2003)

July 21, 2003
74

Attachment by Equal Employment to [72-1] motion response by plaintiff: Submission of Commission Chair Cari Dominguez's Declaration. (avm) (Entered: 07/29/2003)

July 29, 2003
75

Minute Entry Order: granting [66-1] motion to Compel . After an in camera review, the documents submitted are protected by the confidentiality provisions. ( signed by Magistrate Judge John M. Roper ) Copies mailed. (rlw) (Entered: 08/01/2003)

Aug. 1, 2003
76

MOTION by defendant M & W and Associates to suspend motion deadline (wld) (Entered: 08/05/2003)

Aug. 5, 2003
78

NOTICE by defendant M & W and Associates to take deposition of Farrah Smith Thompson 8/21/03. (msd) (Entered: 08/05/2003)

Aug. 5, 2003
79

Notice of Service of Third Supplemental Pre-Discovery Disclosures of Core Information by defendant M & W and Associates, Inc. (rlw) (Entered: 08/06/2003)

Aug. 6, 2003
80

NOTICE by defendant M & W and Associates to take deposition of Terri Graves on 8/26/03 (rlw) (Entered: 08/08/2003)

Aug. 8, 2003
81

NOTICE of RECEIPT of DEPOSITION by plaintiff Equal Employment of David Wooten. (msd) (Entered: 08/15/2003)

Aug. 14, 2003
82

NOTICE of RECEIPT of DEPOSITION by plaintiff Equal Employment of Tyrone Crawley. (msd) (Entered: 08/15/2003)

Aug. 14, 2003
83

NOTICE of RECEIPT of DEPOSITION by plaintiff Equal Employment of Thomas McArthur. (msd) (Entered: 08/15/2003)

Aug. 14, 2003
84

NOTICE of RECEIPT of DEPOSITION by plaintiff Equal Employment of George Boulton. (msd) (Entered: 08/15/2003)

Aug. 14, 2003
85

NOTICE of RECEIPT of DEPOSITION by plaintiff Equal Employment of Theresa Mahathy. (msd) (Entered: 08/15/2003)

Aug. 14, 2003
86

Minute Entry Order: denying [76-1] motion to suspend motion deadline ( signed by Judge Walter J. Gex III ) Copies mailed. (rlw) (Entered: 08/18/2003)

Aug. 18, 2003
87

NOTICE of RECEIPT of DEPOSITION by defendant M & W and Associates of Heather Cummins (avm) (Entered: 09/02/2003)

Sept. 2, 2003
88

NOTICE of RECEIPT of DEPOSITION by defendant M & W and Associates of Robert Maddox (avm) (Entered: 09/02/2003)

Sept. 2, 2003
89

NOTICE of RECEIPT of DEPOSITION by defendant M & W and Associates of Mary McGee Hodgins (avm) (Entered: 09/02/2003)

Sept. 2, 2003
90

ORDER denying [32-1] motion for Partial Summary Judgment, each party shall bear their respective costs in association with this motion. (signed by Judge Walter J. Gex III ); copies mailed. (jch) (Entered: 09/02/2003)

Sept. 2, 2003
91

ORDER dismissing [42-1] motion to Compel Execution of Social Security Administration Release, further ordered that each party shall bear their respective costs in association with this motion. ( signed by Judge Walter J. Gex III ); copies mailed. (jch) (Entered: 09/02/2003)

Sept. 2, 2003
92

ORDER granting [61-1] motion to Strike (Exclude) Errata Sheet ( signed by Judge Walter J. Gex III ); copies mailed. (jch) (Entered: 09/02/2003)

Sept. 2, 2003
93

Minute Entry Order: mooting [56-1] motion for Reconsideration of [38-1] order Striking [36-1] response by Equal Employment to defendant's motion for partial summary judgment as untimely ( signed by Judge Walter J. Gex III ) Copies mailed. (msd) (Entered: 09/09/2003)

Sept. 9, 2003
94

MOTION by plaintiff Equal Employment to Dismiss claims brought on behalf of Mary McGee (msd) (Entered: 09/11/2003)

Sept. 11, 2003
95

AGREED ORDER: The Parties shall be granted leave to take the depositions of Ben Bradley, Tom Niolon, Michelle Gobert and Marty Gadberry Smiddy at any time prior to the date of the pre-trial conference in this action. ( signed by Magistrate Judge John M. Roper ); copies mailed. (msd) (Entered: 09/11/2003)

Sept. 11, 2003
96

MOTION by defendant M & W and Associates to Dismiss Intervention Complaint (msd) (Entered: 09/15/2003)

Sept. 15, 2003
97

MOTION by defendant M & W and Associates to Dismiss EEOC'S claims on behalf of Mary McGee and Robert Maddox , and for Partial Summary Judgment as to EEOC'S claims on behalf of Heather Cummins (msd) (Entered: 09/15/2003)

Sept. 15, 2003
98

RETURN of SUBPOENA unexecuted as to Tom Niolin (wld) (Entered: 09/17/2003)

Sept. 17, 2003

State / Territory: Mississippi

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: March 4, 2002

Closing Date: Jan. 27, 2004

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

Roger G. Maddox, Jr. , Private Entity/Person

M & W Engineers and Constructors, Inc. , Private Entity/Person

M & W and Associates, Inc. , Private Entity/Person

Case Details

Availably Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Issues

General:

Disparate Treatment

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit