Case: EEOC v. 44 TRUCK STOP INC

3:99-cv-03262 | U.S. District Court for the District of South Carolina

Filed Date: Sept. 30, 1999

Closed Date: Dec. 18, 2000

Clearinghouse coding complete

Case Summary

In September 1999, the Charlotte District Office of the EEOC filed this lawsuit against 44 Truck Stop Inc., Joann Shealy, Joseph L Shealy, Sr. and Ronnie Baughcome in the U.S. District Court for the District of South Carolina. We do not have a copy of the complaint; therefore, the exact allegations involved are unknown. Following intervention by the complainants, the parties reached a series of settlements between November and December of 2000.

The five-year consent decree, containing anti-discrimination and anti-retaliation clauses, required the defendants to: expunge the employment records of the complainants, provide positive references for complainants,implement the anti-discrimination policy given by the EEOC, post notice of employee rights, provide EEO training, make annual reports on complaints, provide other reports, and pay $345,000 to be distributed among five complaining parties and their attorneys.

Summary Authors

David Friedman (3/4/2008)

Documents in the Clearinghouse

Document

3:99-cv-03262

Docket (PACER)

Equal Employment, et al v. 44 Truck Stop Inc, et al

Dec. 18, 2000

Dec. 18, 2000

Docket
37

3:99-cv-03262

Consent Decree

EEOC v. 44 Truck Stop Inc, et al

Dec. 18, 2000

Dec. 18, 2000

Settlement Agreement

Resources

Docket

Last updated July 23, 2022, 3:11 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT; Service due by 1/28/00 for 44 Truck Stop Inc (kbos) (Entered: 10/01/1999)

Sept. 30, 1999

Sept. 30, 1999

2

Answers to 16B Interrogatories by plaintiff Equal Employment; jury demand (kbos) (Entered: 10/01/1999)

Sept. 30, 1999

Sept. 30, 1999

3

WAIVER OF SERVICE as to 44 Truck Stop Inc (kbos) (Entered: 10/01/1999)

Sept. 30, 1999

Sept. 30, 1999

4

WAIVER OF SERVICE as to 44 Truck Stop Inc Answer due on 12/6/99 for 44 Truck Stop Inc (bwil) (Entered: 10/14/1999)

Oct. 13, 1999

Oct. 13, 1999

5

ANSWER to Complaint by defendant 44 Truck Stop Inc (Attorney Richard Jerome Breibart, John Joseph McCauley),; jury demand (bwil) (Entered: 12/06/1999)

Dec. 2, 1999

Dec. 2, 1999

6

Answers to 16B Interrogatories by defendant 44 Truck Stop Inc; jury demand (bwil) (Entered: 12/09/1999)

Dec. 2, 1999

Dec. 2, 1999

7

SCHEDULING ORDER, set amended pleadings due for 1/3/00 , set discovery due for 4/3/00 , set dispositive motion filing deadline for 4/21/00 , set briefing of dispositive motions due for 5/8/00; mediation form attached ( signed by Magistrate Judge Bristow Marchant ) eod 12/10/99 (bwil) (Entered: 12/10/1999)

Dec. 10, 1999

Dec. 10, 1999

8

MOTION with attached "Complaint in Intervention" to intervene by Bernadina MontJoy, Glenda Hughes, Melanie Miller, Cecelia Prouse (former empl) Modified on 01/04/2000 (Entered: 01/03/2000)

Dec. 30, 1999

Dec. 30, 1999

9

MOTION by plaintiff Equal Employment for Pedro Durand to appear pro hac vice (pbri) (Entered: 01/13/2000)

Jan. 12, 2000

Jan. 12, 2000

10

AFFIDAVIT of Pedro Durand by plaintiff Equal Employment Re: [9-1] motion for Pedro Durand to appear pro hac vice (pbri) (Entered: 01/13/2000)

Jan. 12, 2000

Jan. 12, 2000

11

ORDER granting [9-1] motion for Pedro Durand to appear pro hac vice ( signed by Magistrate Judge Bristow Marchant ) eod 1/19/00 (bwil) (Entered: 01/19/2000)

Jan. 19, 2000

Jan. 19, 2000

12

ORDER granting [8-1] motion to intervene by Bernadina MontJoy, Glenda Hughes, Melanie Miller, Cecelia Prouse ( signed by Magistrate Judge Bristow Marchant ) (bwil) (Entered: 01/28/2000)

Jan. 28, 2000

Jan. 28, 2000

13

Intervenor's COMPLAINT by intervenor-plaintiff Bernadina Montjoy, Glenda Hughes, Melanie Miller, Cecelia Prouse against defendant 44 Truck Stop Inc; jury demand (former empl) (Entered: 02/18/2000)

Feb. 16, 2000

Feb. 16, 2000

14

SUMMONS(ES) issued for defendant 44 Truck Stop Inc (former empl) (Entered: 02/18/2000)

Feb. 16, 2000

Feb. 16, 2000

15

ACCEPTANCE OF SERVICE filed as to 44 Truck Stop Inc 3/8/00 Answer due on 3/28/00 for 44 Truck Stop Inc, for 44 Truck Stop Inc Answers to 16B Interrogatories due by 4/27/00 for 44 Truck Stop Inc (bwil) (Entered: 03/10/2000)

March 9, 2000

March 9, 2000

16

MOTION by plaintiff Equal Employment to withdraw as attorney of record (gant) (Entered: 03/28/2000)

March 28, 2000

March 28, 2000

17

ANSWER to Complaint by intervenor-defendant 44 Truck Stop Inc, defendant Joseph L Shealy Sr, defendant Joann Shealy (Attorneys Richard J. Breibart and John Joseph McCauley) (bwil) (Entered: 03/29/2000)

March 28, 2000

March 28, 2000

18

MOTION by intervenor-plaintiff Bernadina Montjoy, intervenor-plaintiff Glenda Hughes, intervenor-plaintiff Melanie Miller, intervenor-plaintiff Cecelia Prouse to extend time for discovery and scheduling order deadlines (bwil) (Entered: 03/30/2000)

March 30, 2000

March 30, 2000

19

ORDER granting [16-1] motion to withdraw as attorney of record by Pedro J. Durand ( signed by Magistrate Judge Bristow Marchant ) eod 4/5/00 (bwil) (Entered: 04/05/2000)

April 5, 2000

April 5, 2000

20

CONSENT ORDER granting [18-1] motion to extend time for discovery and scheduling order deadlines, reset discovery due for 6/30/00 , reset motion filing deadline for 7/31/00 , reset briefing of dispositive motions due for 8/15/00 ( signed by Magistrate Judge Bristow Marchant ) eod 4/5/00 (bwil) (Entered: 04/05/2000)

April 5, 2000

April 5, 2000

22

ORDER, extending time for Defendants to answer and respond to requests for production and interrogatories on letter motion from counsel for Plaintiff Montjoy ( signed by Magistrate Judge Bristow Marchant ) eod 5/19/00 (bwil) (Entered: 05/19/2000)

May 19, 2000

May 19, 2000

23

MOTION by plaintiff Equal Employment to extend time to 6/13/00 in which to respond to discovery requests (bwil) (Entered: 05/23/2000)

May 23, 2000

May 23, 2000

24

AFFIDAVIT of Attorney David R. Treeter by plaintiff Equal Employment Re: [23-1] motion to extend time to 6/13/00 in which to respond to discovery requests (bwil) (Entered: 05/23/2000)

May 23, 2000

May 23, 2000

25

ORDER granting [23-1] motion to extend time to 6/13/00 in which to respond to discovery requests ( signed by Magistrate Judge Bristow Marchant ) eod 5/25/00 (bwil) (Entered: 05/24/2000)

May 24, 2000

May 24, 2000

26

CONSENT ORDER amending [20-1] order reset discovery due for 6/30/00 , reset discovery due for 11/30/00 , reset motion filing deadline for 1/31/01 , reset brief due for 2/19/01 ( signed by Magistrate Judge Bristow Marchant ) eod 7/18/00 (bwil) (Entered: 07/18/2000)

July 18, 2000

July 18, 2000

27

MOTION to intervene by Dana Moreland (bwil) (Entered: 07/21/2000)

July 20, 2000

July 20, 2000

28

ORDER granting [27-1] motion to intervene by Dana Moreland intervening by Dana Moreland ( signed by Magistrate Judge Bristow Marchant ) (ttil) (Entered: 09/15/2000)

Sept. 14, 2000

Sept. 14, 2000

29

Intervenor's AMENDED COMPLAINT by Bernadina Montjoy, Glenda Hughes, Melanie Miller, Cecelia Prouse and Dana Moreland against defendant 44 Truck Stop Inc, defendant Ronnie Baughcome, defendant Joseph L Shealy Sr, defendant Joann Shealy; jury demand (bwil) (Entered: 09/29/2000)

Sept. 28, 2000

Sept. 28, 2000

30

ANSWER by defendant Ronnie Baughcome, intervenor-defendant Ronnie Baughcome to amended complaint (bwil) (Entered: 10/11/2000)

Oct. 10, 2000

Oct. 10, 2000

31

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. ( signed by Magistrate Judge Bristow Marchant; See standing order M90-3 FBH ) eod 10/27/00 (bwil) (Entered: 10/27/2000)

Oct. 27, 2000

Oct. 27, 2000

Case closed (bwil) (Entered: 10/27/2000)

Oct. 27, 2000

Oct. 27, 2000

32

NOTICE of Hearing set settlement conference for 9:30 12/18/00 before Judge Matthew J. Perry (former empl) (Entered: 12/14/2000)

Dec. 14, 2000

Dec. 14, 2000

33

MOTION by intervenor-plaintiff Bernadina Montjoy, intervenor-plaintiff Glenda Hughes, intervenor-plaintiff Melanie Miller, intervenor-plaintiff Cecelia Prouse for settlement approval (jada) (Entered: 12/15/2000)

Dec. 15, 2000

Dec. 15, 2000

34

DECLARATION of Ray P. McClain by intervenor-plaintiff Bernadina Montjoy, intervenor-plaintiff Glenda Hughes, intervenor-plaintiff Melanie Miller, intervenor-plaintiff Cecelia Prouse Re: [33-1] motion for settlement approval (jada) (Entered: 12/18/2000)

Dec. 18, 2000

Dec. 18, 2000

36

ORDER granting [33-1] motion for settlement approval ( signed by Judge Matthew J. Perry ) (jada) (Entered: 12/18/2000)

Dec. 18, 2000

Dec. 18, 2000

37

CONSENT DECREE setting out terms for the parties to settle the case. ( signed by Judge Matthew J. Perry ) (jada) (Entered: 12/18/2000)

Dec. 18, 2000

Dec. 18, 2000

Case Details

State / Territory: South Carolina

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 30, 1999

Closing Date: Dec. 18, 2000

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

Joann Shealy, Private Entity/Person

Joseph L Shealy, Sr, Private Entity/Person

Ronnie Baughcome, Private Entity/Person

44 Truck Stop Inc., Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

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: 345000

Order Duration: 2000 - 2005

Content of Injunction:

Expungement of Employment Record

Neutral/Positive Reference

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Issues

General:

Disparate Treatment

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits