Case: EEOC v. ATHLETES BUILDING BETTER COMMUNITIES, LLC, DBA ATHLETES FOOT

2:06-cv-02383 | U.S. District Court for the Western District of Tennessee

Filed Date: June 20, 2006

Closed Date: Oct. 11, 2007

Clearinghouse coding complete

Case Summary

In June 2006, the Memphis District Office of the EEOC filed suit in U.S. District Court for the Western District of Tennessee against Athletes Building Better Communities, dba Athletes Foot. The complaint alleged that the defendant violated Title VII of the Civil Rights Act by subjecting female employees to sexual harassment, and retaliated against them when they complained.

In July of 2007, the defendant notified the court that it had filed for bankruptcy. Upon the EEOC's motion, the case was dismissed without prejudice in October 2007; the EEOC reserved the right to re-file the case if bankruptcy proceedings turned up any property with which a judgment might be paid.

Summary Authors

Jason Chester (6/2/2008)

Documents in the Clearinghouse

Document

Docket (PACER)

EEOC v. Athletes Building Better Communities, LLC

Oct. 11, 2007 Docket
1-1

Complaint

EEOC v. Athletes Building Better Communities, LLC

June 20, 2006 Complaint
27

Order Granting Voluntary Dismissal Without Prejudice

EEOC v. Athletes Building Better Communities, LLC

Oct. 11, 2007 Order/Opinion
28

Judgment

EEOC v. Athletes Building Better Communities, LLC

Oct. 11, 2007 Order/Opinion

Docket

Last updated May 12, 2022

ECF Number Description Date Link
1

COMPLAINT against Athletes Building Better Communities, LLC (Filing fee $ 350.00 waived) , filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(cas) (Entered: 06/21/2006)

June 20, 2006
2

ANSWER to Complaint with Jury Demand by Athletes Building Better Communities, LLC.(Hancock, Jonathan) (Entered: 09/15/2006)

Sept. 15, 2006
4

RULE 16(b)SCHEDULING ORDER: Amended Pleadings due by 12/24/2006. Discovery due by 8/10/2007. Joinder of Parties due by 12/24/2006. Motions due by 10/1/2007.. Signed by Judge Diane K. Vescovo on 10/23/06. (bag, ) (Entered: 10/23/2006)

Oct. 23, 2006
5

ORDER SETTING TRIAL AND PRETRIAL DATES. Signed by Judge Jon Phipps McCalla on 11/1/06. (McCalla, Jon) (Entered: 11/01/2006)

Nov. 1, 2006

Set Deadlines/Hearings: Pretrial Order due by 1/7/2008. Jury Trial set for 1/21/2008 09:30 AM in Courtroom 4 - Memphis before Jon Phipps McCalla. Pretrial Conference set for 1/14/2008 09:00 AM before Jon Phipps McCalla. (jae, ) (Entered: 11/02/2006)

Nov. 1, 2006
6

SETTING LETTER: Jury Trial set for 1/21/2008 09:30 AM in Courtroom 4 - Memphis before Jon Phipps McCalla. Pretrial Conference set for 1/14/2008 09:00 AM in Courtroom 4 - Memphis before Jon Phipps McCalla. Pretrial Order due by 4:30 PM on 1/7/2008.(jpw) (Entered: 11/08/2006)

Nov. 8, 2006
7

NOTICE by Athletes Building Better Communities, LLC Stipulation to Extension of Time For Defendant to Respond to Plaintiff's Discovery Requests (Hancock, Jonathan) (Entered: 12/21/2006)

Dec. 21, 2006
8

MOTION to Substitute Attorney (Proposed Order Submitted) by Equal Employment Opportunity Commission. (Owen, Carson) (Entered: 06/05/2007)

June 5, 2007
9

ORDER granting 8 Motion to Substitute Attorney. Attorney Deidre Smith terminated . Signed by Magistrate Judge Diane K. Vescovo on 6/8/07. (Vescovo, Diane) (Entered: 06/08/2007)

June 8, 2007
10

NOTICE by Athletes Building Better Communities, LLC of Bankruptcy Filing (Attachments: # 1 Exhibit A)(Harmon, Whitney) (Entered: 07/12/2007)

July 12, 2007
11

NOTICE by Equal Employment Opportunity Commission Response to Defendant's Notice of Bankruptcy Filing (Owen, Carson) (Entered: 07/17/2007)

July 17, 2007
12

SETTING LETTER: Telephone Conference in re: 10 and 11 set for 8/23/2007 *9:00 AM before Judge Jon Phipps McCalla. (jpw) *Modified on 7/25/2007 (jpw). (Entered: 07/23/2007)

July 23, 2007
13

First MOTION to Withdraw as Attorney proposed order submitted by Athletes Building Better Communities, LLC. (Attachments: # 1 Certificate of Consultation)(Harmon, Whitney) (Entered: 07/24/2007)

July 24, 2007
14

ORDER SETTING TELEPHONE CONFERENCE. Signed by Judge Jon Phipps McCalla on 7/24/07. (McCalla, Jon) (Entered: 07/24/2007)

July 24, 2007
15

ORDER granting 13 Motion to Withdraw as Attorney. Attorney Jonathan C. Hancock terminated . Signed by Judge Jon Phipps McCalla on 7/25/07. (McCalla, Jon) (Entered: 07/25/2007)

July 25, 2007
16

MOTION to Withdraw as Attorney proposed order submitted by Athletes Building Better Communities, LLC. (Attachments: # 1 Certificate of Consultation)(Harmon, Whitney) (Entered: 07/26/2007)

July 26, 2007
17

ORDER granting 16 Motion to Withdraw as Attorney. Attorney Whitney M. Harmon terminated. Signed by Judge Jon Phipps McCalla on 7/26/07. (McCalla, Jon) (Entered: 07/26/2007)

July 26, 2007
18

MOTION for Extension of Time to Complete Discovery (Proposed Order Submitted) by Equal Employment Opportunity Commission. (Owen, Carson) (Entered: 08/08/2007)

Aug. 8, 2007
19

TEXT-ONLY ORDER: ORDER granting 18 Plaintiff Equal Employment Opportunity Commission's Motion to Extend the Discovery Deadline. The discovery deadline is hereby extended to September 14, 2007. Signed by Judge Jon Phipps McCalla on 8/9/07. (McCalla, Jon) (Entered: 08/09/2007)

Aug. 9, 2007
20

Minute Entry for proceedings held before Judge Jon Phipps McCalla: Telephone Conference held on 8/23/2007 to discuss 10 Defendant's Notice of Bankruptcy Filing and 11 Plaintiff's Response to Defendant's Notice of Bankruptcy Filing. Jovanda Jones, comptroller for the Defendant appeared telephonically along with Carson Owen, counsel for the Plaintiff. Ms. Jones stated that all the inventory had been turned over to Bankruptcy court. Plaintiff's counsel intends on filing an Application for Entry of Default Judgment from the Clerk of Court which will include a damages determination. (Plaintiff: Carson Owen) (Defense: No counsel; Javonda Jones, Comptroller) (Court Reporter: Brenda Parker.) (jpw) (Entered: 08/23/2007)

Aug. 23, 2007
21

MOTION for Entry of Default "Request for Entry of Default" by Equal Employment Opportunity Commission. (Owen, Carson) (Entered: 08/24/2007)

Aug. 24, 2007
22

ORDER granting 21 Motion for Entry of Default . Signed by Clerk of Court on 8/27/07. (jae, ) (Entered: 08/27/2007)

Aug. 27, 2007
23

ORDER ON TELEPHONE CONFERENCE. Signed by Judge Jon Phipps McCalla on 8/29/07. (McCalla, Jon) (Entered: 08/29/2007)

Aug. 29, 2007
24

ORDER SETTING DAMAGES HEARING. Signed by Judge Jon Phipps McCalla on 09/13/07. (McCalla, Jon) (Entered: 09/13/2007)

Sept. 13, 2007
25

SETTING LETTER: Damages Hearing set for 10/12/2007 09:30 AM in Courtroom 4 - Memphis before Judge Jon Phipps McCalla. (jpw) (Entered: 09/14/2007)

Sept. 14, 2007
26

MOTION to Dismiss Without Prejudice (Proposed Order Submitted) by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in Support of Motion for Dismissal Without Prejudice# 2 Affidavit of Carson L. Owen in Support of Motion for Dismissal Without Prejudice)(Owen, Carson) (Entered: 10/09/2007)

Oct. 9, 2007
27

ORDER GRANTING VOLUNTARY DISMISSAL WITHOUT PREJUDICE. Signed by Judge Jon Phipps McCalla on 10/11/07. (McCalla, Jon) (Entered: 10/11/2007)

Oct. 11, 2007
28

JUDGMENT. Signed by Judge Jon Phipps McCalla on 10/11/07. (McCalla, Jon) (Entered: 10/11/2007)

Oct. 11, 2007

State / Territory: Tennessee

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: June 20, 2006

Closing Date: Oct. 11, 2007

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

Athletes Building Better Communities, LLC (Memphis, TN), Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Discipline

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits