Case: EEOC v. CONE SOLVENTS INC

3:04-cv-00841 | U.S. District Court for the Middle District of Tennessee

Filed Date: Sept. 17, 2004

Closed Date: 2008

Clearinghouse coding complete

Case Summary

In September 2004, the Memphis District Office of the EEOC brought this suit against Cone Solvents, Inc. in the U.S. District Court for the Middle District of Tennessee. We do not have a copy of the complaint; therefore, the exact allegations involved are unknown. However, it appears from the consent decree that the defendant violated Title VII of the Civil Rights Act of 1964 by subjecting the charging party and other similarly situated female employees to a sexually hostile work environment.…

In September 2004, the Memphis District Office of the EEOC brought this suit against Cone Solvents, Inc. in the U.S. District Court for the Middle District of Tennessee. We do not have a copy of the complaint; therefore, the exact allegations involved are unknown. However, it appears from the consent decree that the defendant violated Title VII of the Civil Rights Act of 1964 by subjecting the charging party and other similarly situated female employees to a sexually hostile work environment. The charging party intervened in the suit in January 2005. After some scheduling orders and discovery, the defendant filed a motion for summary judgment in December 2005. The motion was denied in April 2006. In July 2006, the parties participated in a settlement conference which resulted in a tentative agreement. The parties finally settled about a month later in late August through a consent decree.

The two-year decree, containing a non-discrimination clause, required the defendant to: provide sexual harassment training for all its employees, report to the EEOC at specified intervals, distribute its anti-harassment policy to its employees, post a notice of the decree, and pay $50,000 to be divided among three individuals. The docket sheet does not show any further enforcement; the case was presumably closed in 2008.

Summary Authors

Michele Marxkors (8/16/2007)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4640953/parties/eeoc-v-cone-solvents-inc/


Attorneys(s) for Defendant

Bryant, Karyn Crigler (Tennessee)

Attorneys(s) for Defendant

Bryant, Karyn Crigler (Tennessee)

Documents in the Clearinghouse

Document

3:04-cv-00841

Docket

EEOC v. Cone Solvents Inc

Aug. 24, 2006

Aug. 24, 2006

Docket
53

3:04-cv-00841

Memorandum Order

EEOC v. Cone Solvents Inc

2006 WL 1083406

April 21, 2006

April 21, 2006

Order/Opinion
65

3:04-cv-00841

Consent Decree

EEOC v. Cone Solvents Inc

Aug. 24, 2006

Aug. 24, 2006

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4640953/eeoc-v-cone-solvents-inc/

Last updated Aug. 1, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT by EEOC; no summons issued, waivers to be executed. (hv) (Entered: 09/21/2004)

Sept. 17, 2004

Sept. 17, 2004

2

NOTICE of Initial Case Management Conference : ICMC set for 11:30 11/15/04 before Magistrate Brown ; Case referred to Magistrate Judge Joe B. Brown (hv) (Entered: 09/21/2004)

Sept. 17, 2004

Sept. 17, 2004

3

WAIVER OF SERVICE mailed upon deft Cone Oil Company; signed by Tom F. Cone, President of Cone Oil Co Inc, on 9/28/04 (hv) (Entered: 10/08/2004)

Oct. 7, 2004

Oct. 7, 2004

PROPOSED ICMC Order (hv) (Entered: 11/10/2004)

Nov. 9, 2004

Nov. 9, 2004

4

CLERK'S RESUME ; Case Management Conference held 11/15/04 ; ICM order to enter. C/R : Taped Nos: 1024-1025 (hv) (Entered: 11/15/2004)

Nov. 15, 2004

Nov. 15, 2004

5

ICM ORDER by Magistrate Judge Joe B. Brown: Motions to amend pleadings ddl 1/26/05; Discovery deadline 5/16/05 ; Motion filing deadline 9/15/05 ;pretrial conference set 10:00 1/20/06 ; Jury trial set for 9:00 2/6/06 estimated to last 4 days ; Case Management Conference set for 9:30 5/9/05 (cc: all counsel) EOD 11/22/04 (hv) (Entered: 11/22/2004)

Nov. 22, 2004

Nov. 22, 2004

6

NOTICE by Attys Matthew C. Lonergan, Karyn C. Bryant, and Rick Humbracht for deft Cone Oil Company of change of address to: 1600 Division St, STe 700, PO Box 340025 Nashville TN 37203 (hv) (Entered: 11/23/2004)

Nov. 22, 2004

Nov. 22, 2004

7

JOINT MOTION by pltf, deft for leave to extend the deadline for providing initial disclosures with proposed order (hv) (Entered: 11/29/2004)

Nov. 29, 2004

Nov. 29, 2004

8

ORDER by Magistrate Judge Joe B. Brown GRANTING joint motion for leave to extend the deadline for providing initial disclosures [7-1]; deadline extended to 12/16/04. (cc: all counsel) EOD 11/30/04 (hv) (Entered: 11/30/2004)

Nov. 30, 2004

Nov. 30, 2004

9

ANSWER by deft Cone Oil Company to [1-1] (hv) (Entered: 12/06/2004)

Dec. 6, 2004

Dec. 6, 2004

10

MOTION by intervenor pltf Sheena Smith to intervene (with attached intervenor complaint) (hv) (Entered: 01/14/2005)

Jan. 14, 2005

Jan. 14, 2005

12

MOTION by pltf EEOC for leave to file an amended complaint (with attached amended complaint with original signature) (hv) Modified on 01/19/2005 (Entered: 01/19/2005)

Jan. 18, 2005

Jan. 18, 2005

13

MEMORANDUM by pltf EEOC in support of motion for leave to file an amended complaint [12-1] (hv) (Entered: 01/19/2005)

Jan. 18, 2005

Jan. 18, 2005

PROPOSED Order allowing amended complaint (hv) (Entered: 01/19/2005)

Jan. 18, 2005

Jan. 18, 2005

14

ORDER by Magistrate Judge Joe B. Brown GRANTING motion for Sheena Smith to intervene [10-1] (cc: all counsel) EOD 1/19/05 (hv) (Entered: 01/19/2005)

Jan. 19, 2005

Jan. 19, 2005

15

INTERVENOR'S COMPLAINT by intervenor pltf Sheena Smith (hv) (Entered: 01/19/2005)

Jan. 19, 2005

Jan. 19, 2005

16

ORDER by Magistrate Judge Joe B. Brown GRANTING motion for leave to file an amended complaint [12-1]; attached amended complaint filed. (cc: all counsel) EOD 1/20/05 (hv) (Entered: 01/20/2005)

Jan. 20, 2005

Jan. 20, 2005

17

AMENDED COMPLAINT [1-1] by pltf EEOC; jury demand (hv) (Entered: 01/20/2005)

Jan. 20, 2005

Jan. 20, 2005

18

ANSWER by deft Cone Oil Company to [17-1]; jury demand (hv) (Entered: 01/26/2005)

Jan. 26, 2005

Jan. 26, 2005

19

ANSWER by deft Cone Oil Company to Intervenor Complaint [15-1]; jury demand (hv) (Entered: 02/14/2005)

Feb. 14, 2005

Feb. 14, 2005

20

ORDER by Magistrate Judge Joe B. Brown: Case Management Conference held 5/9/05; Parties have secured a new trial date of 4/18/06, from Judge Nixon; final pretrial conference set for 10:00 on 4/7/06 before Judge Nixon; All discovery shall close on 11/4/05; Dispositive mtns filing deadline set for 12/1/05, response ddl 1/6/06 and replies 1/18/06. (EOD 5/10/05) (cc: all counsel) (km) (Entered: 05/10/2005)

May 10, 2005

May 10, 2005

21

MOTION for Leave to Modify the Intial Case Management Order re [5] Order,,, by Equal Employment Opportunity Commission. Responses due by 9/30/2005 (Attachments: # 1 Proposed Order Granting the Equal Employment Opportunity Commission's Unopposed Motion for Leave to Modify the Initial Case Management Order)(Smith, Deidre) (Entered: 09/13/2005)

Sept. 13, 2005

Sept. 13, 2005

22

MEMORANDUM in Support of 21 MOTION for Leave to Modify the Intial Case Management Order re [5] Order,,, filed by Equal Employment Opportunity Commission. (Smith, Deidre) (Entered: 09/13/2005)

Sept. 13, 2005

Sept. 13, 2005

23

ORDER Telelphone Status Conference set for 9/22/2005 02:00 PM before Magistrate Judge Joe Brown. Signed by Judge Joe Brown on 9/16/05. (hv) (Entered: 09/16/2005)

Sept. 16, 2005

Sept. 16, 2005

25

Minute Entry for proceedings held before Judge Joe Brown : Status Conference held on 9/22/2005. Order to enter. (Court Reporter none.) (hv) (Entered: 09/23/2005)

Sept. 22, 2005

Sept. 22, 2005

26

STIPULATION and Protective Order by Equal Employment Opportunity Commission. (Smith, Deidre) (Entered: 11/14/2005)

Nov. 14, 2005

Nov. 14, 2005

27

STIPULATED PROTECTIVE ORDER signed by Judge Joe Brown on 11/16/05. (hv) (Entered: 11/16/2005)

Nov. 16, 2005

Nov. 16, 2005

28

MOTION for Summary Judgment by Cone Oil Company. Responses due by 12/27/2005 (Attachments: # 1 Exhibit Excerpts from Deposition of Thomas Cone# 2 Exhibit Deposition of Alisha Haggard# 3 Exhibit Photograph of Haggard and Cone# 4 Exhibit Excerpts from Deposition of Don Gadd# 5 Exhibit Deposition of Kristene Newton# 6 Exhibit Reprimand of Kristene Newton# 7 Exhibit Deposition of Sheena Smith# 8 Exhibit Statement of Caroline Meyer# 9 Exhibit Ms. Smith's EEOC Charge# 10 Exhibit EEOC Determination# 11 Exhibit EEOC Conciliation Agreement# 12 Exhibit EEOC v. Warshawsky & Co# 13 Exhibit Plaintiff's Respo to Def's Discovery)(Lonergan, Matthew) (Entered: 12/01/2005)

Dec. 1, 2005

Dec. 1, 2005

29

MEMORANDUM in Support of 28 MOTION for Summary Judgment filed by Cone Oil Company. (Lonergan, Matthew) (Entered: 12/01/2005)

Dec. 1, 2005

Dec. 1, 2005

30

STATEMENT of facts filed by Cone Oil Company in support of 28 Motion for Summary Judgment,,. (Lonergan, Matthew) (Entered: 12/01/2005)

Dec. 1, 2005

Dec. 1, 2005

31

MOTION for Hearing re 28 MOTION for Summary Judgment by Cone Oil Company. Responses due by 12/19/2005 (Lonergan, Matthew) (Entered: 12/01/2005)

Dec. 1, 2005

Dec. 1, 2005

32

RESPONSE in Opposition re 28 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (Smith, Deidre) (Entered: 01/05/2006)

Jan. 5, 2006

Jan. 5, 2006

33

MEMORANDUM in Support of 32 Response in Opposition to Motion filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit No. 1 - Tom Cone, Sr. depo# 2 Exhibit No. 2 - Alisha Haggard depo# 3 Exhibit No. 3 - Kristene Newton depo# 4 Exhibit No. 4 - Sheena Smith depo# 5 Exhibit No. 5 - Smith Verification Form# 6 Exhibit No. 6 - Charge of Discrimination# 7 Exhibit No. 7 - Letter of Determination# 8 Exhibit No. 8 - Dickerson letter# 9 Exhibit No. 9 - Conciliation Agreement# 10 Exhibit No. 10 - Lonergan letter# 11 Exhibit No. 11 - Lonergan email# 12 Exhibit No. 12 - Notice of Conciliation Failure# 13 Exhibit No. 13 - Plaintiff's Response to Interrogatories# 14 Exhibit No. 14 - Smith letter# 15 Exhibit No. 16 (Collective Exhibit) - Verification Forms and Newton Application# 16 Exhibit No. 17 - Don Gadd depo)(Smith, Deidre) (Entered: 01/05/2006)

Jan. 5, 2006

Jan. 5, 2006

34

DECLARATION of Angela Holly filed by Equal Employment Opportunity Commission. (Smith, Deidre) (Entered: 01/05/2006)

Jan. 5, 2006

Jan. 5, 2006

35

DECLARATION of Dee Summers filed by Equal Employment Opportunity Commission. (Smith, Deidre) (Entered: 01/05/2006)

Jan. 5, 2006

Jan. 5, 2006

37

RESPONSE filed by Equal Employment Opportunity Commission re 30 Statement filed by Cone Oil Company,. (Smith, Deidre) (Entered: 01/05/2006)

Jan. 5, 2006

Jan. 5, 2006

38

APPENDIX filed by Equal Employment Opportunity Commission re 33 Memorandum in Support,,,. (Attachments: # 1 Exhibit (Collective) No. 15 - EEOC v. Norvell & Wallace# 2 Exhibit (Collective) No. 15 - EEOC v. Mike Fink Corp# 3 Exhibit (Collective) No. 15 - EEOC v. Kaiser Foundation Health Plan# 4 Errata (Collective) No. 15 - EEOC v. Applegate Holdings# 5 Exhibit (Collective) No. 15 - EEOC v. Berts, part 1# 6 Exhibit (Collective) No. 15 - EEOC v. Berts, part 2# 7 Exhibit (Collective) No. 15 - EEOC v. Berts, part 3)(Smith, Deidre) (Entered: 01/06/2006)

Jan. 6, 2006

Jan. 6, 2006

39

NOTICE of Filing by Equal Employment Opportunity Commission re 33 Memorandum in Support,,, Amended filing of Exhibit 4 - Sheena Smith deposition excerpts (Smith, Deidre) (Entered: 01/06/2006)

Jan. 6, 2006

Jan. 6, 2006

40

NOTICE of Filing by Equal Employment Opportunity Commission re 38 Appendix,, Collective Exhibit 15 - EEOC v. David Lerner Associates (Smith, Deidre) (Entered: 01/06/2006)

Jan. 6, 2006

Jan. 6, 2006

41

NOTICE of Filing by Equal Employment Opportunity Commission re 38 Appendix,, Collective Exhibit 15 - EEOC v. Warshawsky & Co (Smith, Deidre) (Entered: 01/06/2006)

Jan. 6, 2006

Jan. 6, 2006

NOTE TO FILERS: The Notices of Filing (#39-41) should have an actual document captioned Notice of Filing, exhibits should then be attachments to that Notice. The documents do NOT need to be re-filed. (hv) (Entered: 01/06/2006)

Jan. 6, 2006

Jan. 6, 2006

42

RESPONSE in Opposition re 28 MOTION for Summary Judgment filed by Sheena Smith. (Cowan, Wade) (Entered: 01/06/2006)

Jan. 6, 2006

Jan. 6, 2006

43

RESPONSE filed by Sheena Smith re 30 Statement filed by Cone Oil Company, Response to Statement of Undisputed Facts . (Cowan, Wade) (Entered: 01/06/2006)

Jan. 6, 2006

Jan. 6, 2006

44

REPLY to Response to Motion re 28 MOTION for Summary Judgment filed by Cone Solvents, Inc., Cone Oil Company. (Lonergan, Matthew) (Entered: 01/18/2006)

Jan. 18, 2006

Jan. 18, 2006

45

REPLY to Response to Motion re 28 MOTION for Summary Judgment filed by Cone Solvents, Inc.. (Lonergan, Matthew) (Entered: 01/18/2006)

Jan. 18, 2006

Jan. 18, 2006

46

REPLY filed by Cone Solvents, Inc. re 37 Response (Non-Motion) filed by Equal Employment Opportunity Commission,. (Lonergan, Matthew) (Entered: 01/18/2006)

Jan. 18, 2006

Jan. 18, 2006

47

ORDER granting 31 MOTION for Hearing re 28 MOTION for Summary Judgment filed by Cone Oil Company; Oral Argument scheduled for 10:00 am on 4/18/06. Pending resolution of the motion for summary judgment, the pretrial conference & trial dates are continued. Signed by Judge John T. Nixon on 3/15/06. (hv) (Entered: 03/15/2006)

March 15, 2006

March 15, 2006

48

ORDER: the Oral Argument on Motion for Summary Judgment has been rescheduled to 4/19/06 at 10:00 am; pending resolution of dispositive motion, the pretrial conference & trial are continued. Signed by Judge John T. Nixon on 3/22/06. (hv) (Entered: 03/23/2006)

March 22, 2006

March 22, 2006

49

MOTION to Substitute Attorney by Equal Employment Opportunity Commission. Responses due by 4/17/2006 (Attachments: # 1 Proposed Order)(Rapport, Adele) (Entered: 03/29/2006)

March 29, 2006

March 29, 2006

50

ORDER granting 49 Motion to Substitute Attorney. Added attorney Adele Rapport for Equal Employment Opportunity Commission. Attorney Katharine W. Kores terminated. Signed by Judge Joe Brown on 3/29/06. (dt) (Entered: 03/30/2006)

March 29, 2006

March 29, 2006

51

RESPONSE to Motion re 49 MOTION to Substitute Attorney filed by Cone Solvents, Inc.. (Lonergan, Matthew) (Entered: 03/30/2006)

March 30, 2006

March 30, 2006

52

ORDER: Deft's Motion for Oral Argument 31 is granted. The Court previously scheduled a hearing on the Motion for Summary Judgment 28 on 4/18/06, and rescheduled the hearing to 4/19/06. Again at the parties' request, the hearing is rescheduled for 4/26/06 at 10:00 AM. The PTC and Trial are continued to be rescheduled subsequent to the Court's ruling on the pending motions. Signed by Judge John T. Nixon on 4/5/06. (jb) (Entered: 04/06/2006)

April 6, 2006

April 6, 2006

54

ORDER: the Motion Hearing scheduled on 4/26/06 is CANCELLED. Jury Trial set for 5/23/2006 09:00 AM in Courtroom 774 before Senior Judge John T. Nixon. Final Pretrial Conference set for 5/12/2006 10:00 AM in Courtroom 774 before Senior Judge John T. Nixon. Signed by Judge John T. Nixon on 4/24/06. (hv) (Entered: 04/24/2006)

April 24, 2006

April 24, 2006

55

ORDER: all the deadlines have passed in this matter and the Magistrate Judge certifies this case is ready for trial. There will be no further proceedings before the Magistrate Judge. Signed by Judge Joe Brown on 4/26/06. (hv) (Entered: 04/26/2006)

April 26, 2006

April 26, 2006

56

Joint MOTION to Continue /Reschedule Trial by Cone Solvents, Inc., Equal Employment Opportunity Commission, Cone Oil Company, Sheena Smith. Responses due by 5/19/2006 (Attachments: # 1 Proposed Order Joint Agreed Order)(Lonergan, Matthew) (Entered: 05/02/2006)

May 2, 2006

May 2, 2006

57

ORDER granting 56 Joint MOTION to Continue /Reschedule Trial filed by Equal Employment Opportunity Commission, Cone Oil Company, Sheena Smith, Cone Solvents, Inc. Jury Trial RESCHEDULED for 8/29/2006 09:00 AM in Courtroom 774 before Senior Judge John T. Nixon. Signed by Judge John T. Nixon on 5/5/06. (hv) (Entered: 05/05/2006)

May 5, 2006

May 5, 2006

59

ORDER: Settlement Conference set for 7/12/2006 10:00 AM in Courtroom 776 before Magistrate Judge Joe Brown. Signed by Judge Joe Brown on 5/31/06. (hv) (Entered: 05/31/2006)

May 31, 2006

May 31, 2006

60

NOTICE of Change of Address by Wade Bonham Cowan (Cowan, Wade) (Entered: 07/05/2006)

July 5, 2006

July 5, 2006

61

ORDER: the settlement conference held on 7/12/06 was successful; the parties will submit appropriate documents to Judge Nixon for entry of consent decree within 60 days. The file shall be returned to Judge Nixon, as there is nothing further to be done by the Magistrate Judge. Signed by Judge Joe Brown on 7/12/06. (hv) (Entered: 07/12/2006)

July 12, 2006

July 12, 2006

Minute Entry for proceedings held before Magistrate Judge Joe Brown: Settlement Conference held on 7/12/2006; the parties reached an agreement. (tm) (Entered: 07/13/2006)

July 12, 2006

July 12, 2006

62

***DISREGARD ENTRY - INCORRECTLY FILED - ATTY RE-FILED AT #63*** MOTION for Settlement Joint Motion to Enter Consent Decree by Equal Employment Opportunity Commission. Responses due by 9/1/2006 (Attachments: # 1)(Smith, Deidre) Modified on 8/16/2006 (hv). (Entered: 08/15/2006)

Aug. 15, 2006

Aug. 15, 2006

63

MOTION for Settlement Joint Motion to Enter Consent Decree by Equal Employment Opportunity Commission. Responses due by 9/1/2006 (Attachments: # 1)(Smith, Deidre) (Entered: 08/15/2006)

Aug. 15, 2006

Aug. 15, 2006

NOTE: The Motion for Settlement (#62) was incorrectly filed and was RE-FILED at #63. Docket entry no. 62 was terminated as duplicate. (hv) (Entered: 08/16/2006)

Aug. 16, 2006

Aug. 16, 2006

64

NOTICE of Filing by Equal Employment Opportunity Commission re 63 MOTION for Settlement Joint Motion to Enter Consent Decree (Attachments: # 1 Exhibit Notice)(Smith, Deidre) (Entered: 08/16/2006)

Aug. 16, 2006

Aug. 16, 2006

65

CONSENT DECREE: Cone Solvents will pay a total of $50,000.00 in compensatory damage, as directed by the Commission; the Commission & Cone Solvents will each bear their own atty's fees & costs. Signed by Judge John T. Nixon on 8/24/06. (hv) (Entered: 08/25/2006)

Aug. 24, 2006

Aug. 24, 2006

66

Docket entry no. 65 was entered on the docket in compliance with Rule 58 and/or Rule 79(a) FRCP, on 8/25/06 by hv. (hv) (Entered: 08/25/2006)

Aug. 24, 2006

Aug. 24, 2006

53

MEMORANDUM ORDER denying 28 Motion for Summary Judgment in its entirety. Signed by Judge John T. Nixon on 4/21/06. (hv)

April 21, 2006

April 21, 2006

RECAP

Case Details

State / Territory: Tennessee

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 17, 2004

Closing Date: 2008

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

Cone Solvents, 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

Any published opinion

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: 50000

Order Duration: 2006 - 2008

Content of Injunction:

Discrimination Prohibition

Provide antidiscrimination training

Post/Distribute Notice of Rights / EE Law

Reporting

Issues

General:

Disparate Treatment

Discrimination-area:

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit