Case: EEOC v. Applegate Holding Company

5:04-cv-00167 | U.S. District Court for the Western District of Michigan

Filed Date: Sept. 30, 2004

Closed Date: April 10, 2008

Clearinghouse coding complete

Case Summary

The Detroit District Office of the EEOC brought this action in the U.S. District Court for the Western District of Michigan, Southern Division, against Applegate Holding Co. LLC. The complaint, filed in September 2004, alleged sex and religious discrimination in violation of Title VII of the Civil Rights Act of 1964. The complaint specifically alleged that Defendant subjected the charging party to unwelcome and offensive religiously-based material, harassed her based on her religion and subject…

The Detroit District Office of the EEOC brought this action in the U.S. District Court for the Western District of Michigan, Southern Division, against Applegate Holding Co. LLC. The complaint, filed in September 2004, alleged sex and religious discrimination in violation of Title VII of the Civil Rights Act of 1964. The complaint specifically alleged that Defendant subjected the charging party to unwelcome and offensive religiously-based material, harassed her based on her religion and subjected female employees to a hostile work environment based on their sex. Alleged events included Defendant stapling religious and biblical articles to the charging party's pay checks and making derogatory comments about women in the workplace.

In January 2005, Defendant moved for summary judgment. In May 2005, partial summary judgment was awarded to Defendant. The parties reached a settlement agreement and in January 2006 proposed a consent decree which was signed in April 2006. The decree, which was valid two years, for included non-discrimination and non-retaliation provisions and required Defendant to pay the class a total of $130,000.00, provide mandatory Title VII training to all of its employees, refrain from handing out any religious based material in the office, distribute an anti-discrimination policy to its employees, and post a non-discrimination notice in a conspicuous location at its facilities. The docket sheet does not show any further enforcement; the case was presumably closed in 2008.

Summary Authors

Kevin Wilemon (6/7/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4650208/parties/equal-employment-opportunity-commission-v-applegate-holding-co/

Documents in the Clearinghouse

Document

Docket (PACER)

Equal Employment Opportunity Commission v. Applegate Holding Co.

April 10, 2006 Docket
1

Complaint

Equal Employment Opportunity Commission v. Applegate Holding Co. and Advance Employment Services

Sept. 30, 2004 Complaint
18

Amended Complaint and Jury Trial Demand

Equal Employment Opportunity Commission v. Applegate Holdings, LLC and Advance Employment of Mt. Pleasant

Dec. 14, 2004 Complaint
40

Opinion

E.E.O.C. v. Applegate Holdings, LLC

2005 WL 1189601

May 19, 2005 Order/Opinion
41

Order and Partial Judgment

Equal Employment Opportunity Commission v. Applegate Holdings, LLC and Advance Employment of Mt. Pleasant, Inc.

May 19, 2005 Order/Opinion
51

Order to Show Cause

Equal Employment Opportunity Commission v. Applegate Holding Co. and Advance Employment Services of Mt. Pleasant, Inc.

Feb. 10, 2006 Order/Opinion
54

Consent Decree

Equal Employment Opportunity Commission v. Applegate Holdings LLC

April 10, 2006 Settlement Agreement

Resources

Title Description External URL

Judicial Independence, Employment Discrimination Studies Funded

Ann Nicholson

This brief article describes the Clearinghouse's award of $12,000 to build its collection of employment discrimination class actions brought by private plaintiffs. Nov. 1, 2008 https://law.wustl.edu/...

Under the Radar: Visibility and the Effects of Discrimination Lawsuits in Small and Large Firms

Carly Knight, Frank Dobbin, Alexandra Kalev

Research on how discrimination lawsuits affect corporate diversity has yielded mixed results. Qualitative studies highlight the limited efficacy of lawsuits in the typical workplace, finding that lit… April 1, 2022 https://cris.tau.ac.il/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4650208/equal-employment-opportunity-commission-v-applegate-holding-co/

Last updated May 20, 2022, 12:40 a.m.

ECF Number Description Date Link
40

OPINION; signed by Judge Richard Alan Enslen (Judge Richard Alan Enslen, blb)

May 19, 2005 RECAP
1

COMPLAINT and Jury Trial Demand against Advance Employment Services, Applegate Holding Co. filed by Equal Employment Opportunity Commission (lkd, ) (Entered: 10/01/2004)

Sept. 30, 2004

SUMMONS ISSUED as to Advance Employment Services ; Applegate Holding Co. (lkd, ) (Entered: 10/01/2004)

Sept. 30, 2004
2

PROPOSED STIPULATION and ORDER for extension of time within which to file responsive pleadings by defendant Advance Employment Services, plaintiff Equal Employment Opportunity Commission (acr, ) (Entered: 11/03/2004)

Nov. 2, 2004
3

PROOF OF SERVICE by defendant Advance Employment Services re 2 proposed stipulation and order for extension of time (acr, ) (Entered: 11/03/2004)

Nov. 2, 2004
4

PROOF OF SERVICE by defendant Advance Employment Services re 2 on 11/02/04 via first-class mail (bd, ) (Entered: 11/04/2004)

Nov. 2, 2004
5

ATTORNEY APPEARANCE of Rachel B. Roe, Charles F. Behler on behalf of defendant Advance Employment Services (bd, ) (Entered: 11/08/2004)

Nov. 5, 2004
6

PROOF OF SERVICE by defendant Advance Employment Services re 5 via first-class mail on 11/03/04 (bd, ) (Entered: 11/08/2004)

Nov. 5, 2004
7

ATTORNEY APPEARANCE of Karen B. Berkery on behalf of defendant Applegate Holding Co. (bd, ) (Entered: 11/09/2004)

Nov. 8, 2004
8

ANSWER to complaint by Applegate Holding Co. (bd, ) (Entered: 11/09/2004)

Nov. 8, 2004
9

AFFIRMATIVE DEFENSES by defendant Applegate Holding Co. re 8 Answer (bd, ) (Entered: 11/09/2004)

Nov. 8, 2004
10

AFFIDAVIT of service by defendant Applegate Holding Co. re 7, 8, 9 via personal service and via first-class mail on 11/05/04 (bd, ) (Entered: 11/09/2004)

Nov. 8, 2004
11

ANSWER to complaint and Affirmative Defenses and Reliance on Jury Demand by Advance Employment Services (bd, ) (Entered: 11/10/2004)

Nov. 9, 2004
12

PROOF OF SERVICE by defendant Advance Employment Services re 11 via first-class mail on 11/08/04 (bd, ) (Entered: 11/10/2004)

Nov. 9, 2004
13

ORDER setting Rule 16 scheduling conference for 12/7/2004 at 09:00 AM at 654 Federal Building, Grand Rapids, MI before Magistrate Judge Ellen S. Carmody; status report due by 12/2/2004 ; signed by Judge Richard Alan Enslen (Judge Richard Alan Enslen, sas) (Entered: 11/16/2004)

Nov. 16, 2004

Copy of Order Setting Rule 16 Scheduling Conference, 13 sent via U.S. Mail to Charles F. Behler and Karen B. Berkery (bd, ) (Entered: 11/16/2004)

Nov. 16, 2004
14

ORDER granting STIPULATION 2 nunc pro tunc; defendant Advance Employment Services may answer by 11/9/2004; signed by Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, cbh) (Entered: 11/16/2004)

Nov. 16, 2004

Copy of Order on Stipulation and Proposed Order14 sent via U.S. Mail to Charles Behler and Karen Berkery (bd, ) (Entered: 11/17/2004)

Nov. 17, 2004
15

JOINT STATUS REPORT submitted for filing by plaintiff Equal Employment Opportunity Commission (Mengesha, Trina) (Entered: 12/02/2004)

Dec. 2, 2004
16

MINUTES of Rule 16 Scheduling Conference held before Magistrate Judge Ellen S. Carmody (Tape #C-G04 - #187) (Magistrate Judge Ellen S. Carmody, cr) (Entered: 12/07/2004)

Dec. 7, 2004
17

CASE MANAGEMENT ORDER: jury trial set for 2/2006 at 08:30 AM at 174 Federal Building, Kalamazoo, MI before Judge Richard Alan Enslen; settlement conference set for 12/21/2005 at 02:00 PM at 654 Federal Building, Grand Rapids, MI before Magistrate Judge Ellen S. Carmody; final pretrial conference set for 1/26/2006 at 02:30 PM at 174 Federal Building, Kalamazoo, MI before Judge Richard Alan Enslen; ; signed by Judge Richard Alan Enslen (Judge Richard Alan Enslen, sas) Modified date of jury trial on 12/10/2004 (acr, ). (Entered: 12/10/2004)

Dec. 10, 2004

Copy of Case Management Order 17 sent via U.S. Mail to Charles Behler and Karen Berkery (bd, ) (Entered: 12/10/2004)

Dec. 10, 2004
18

AMENDED COMPLAINT against all defendants filed by Equal Employment Opportunity Commission (Mengesha, Trina) (Entered: 12/14/2004)

Dec. 14, 2004
19

PROOF OF SERVICE by defendant Advance Employment Services for Initial Disclosures Under Rule 26 (a)(1) (acr, ) (Entered: 12/23/2004)

Dec. 21, 2004
20

LETTER RETURNING DISCOVERY MATERIAL: Defendant, Advance Employment of Mt. Pleasant, Inc.'s Initial Disclosures Under Rule 26(a)(1) returned to Rachel Brochert Roe (acr, ) (Entered: 12/23/2004)

Dec. 23, 2004
21

PROOF OF SERVICE by defendant Applegate Holding Co. re Initial Disclosures Under Rule 26(a)(1) (Berkery, Karen) (Entered: 12/29/2004)

Dec. 29, 2004
22

CERTIFICATE OF SERVICE by plaintiff Equal Employment Opportunity Commission (Mengesha, Trina) (Entered: 12/30/2004)

Dec. 30, 2004
24

(PLEASE DISREGARD THIS DOCKET ENTRY-replaced by docket #25) AFFIDAVIT of service by defendant Applegate Holding Co. re 23 Answer to Amended Complaint (Berkery, Karen) Modified text on 1/3/2005 to reflect this entry should be disregarded (bd, ). (Entered: 12/30/2004)

Dec. 30, 2004
25

(Corrected) AFFIDAVIT of service by defendant Applegate Holding Co. re 23 (This document replaces docket #24) (Berkery, Karen) Modified text on 1/3/2005 to reflect corrected entry (bd, ). (Entered: 12/30/2004)

Dec. 30, 2004
26

ORDER referring case to VOLUNTARY FACILITATIVE MEDIATION: Facilitative Mediator rep by Jon G. March added; plaintiff VFM fee to be submitted by 1/18/2005; defendant VFM fee to be submitted by 1/18/2005 ; signed by Judge Richard Alan Enslen (Judge Richard Alan Enslen, sas) (Entered: 01/03/2005)

Jan. 3, 2005
27

ANSWER to amended complaint Affirmative Defenses and Reliance on Jury Demand byAdvance Employment Services (Behler, Charles) (Entered: 01/06/2005)

Jan. 6, 2005

VFM FEE RECEIVED in the amount of $25.00, check number 277230 for payment of Defendant Applegate Holding Co.'s VFM fee (ADR Administrator, mjs) (Entered: 01/20/2005)

Jan. 20, 2005

VFM FEE RECEIVED in the amount of $25.00, check number 139 for payment of Plaintiff Equal Employment Opportunity Commission's VFM fee (ADR Administrator, mjs) (Entered: 01/24/2005)

Jan. 24, 2005
28

MOTION for summary judgment on all Claims of the Joined Class Members for Failure to Comply with Title VII, and Additionally, to Dismiss all of Plaintiff's Claims for Failure by the EEOC to Conciliate, Failure to Investigate in Good Faith and Find Probable Cause, and Failure to Conciliate on Behalf of Class Members by defendant Advance Employment Services; (Behler, Charles) (Entered: 01/28/2005)

Jan. 28, 2005
29

BRIEF in support of 28 filed by Advance Employment Services (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10) (Behler, Charles) (Entered: 01/28/2005)

Jan. 28, 2005

VFM FEE RECEIVED in the amount of $25.00, check number 305807 for payment of Defendant Advance Employment Services' VFM fee (ADR Administrator, mjs) (Entered: 02/02/2005)

Feb. 2, 2005
30

PROOF OF SERVICE by defendant Advance Employment Services for First Set of Interrogatories to Plaintiff via first-class mail (bd, ) (Entered: 02/07/2005)

Feb. 3, 2005
31

CLERK'S LETTER to attorney Charles F. Behler regarding e-filing requirement and paper filing 30 (bd, ) (Entered: 02/07/2005)

Feb. 7, 2005
33

ORIGINAL PAPER AFFIDAVIT of Ed Culberson in reference to the affidavit submitted electronically and assigned document number 29 (Exhibit 1) ; submitted for filing by defendant Advance Employment Services (bd, ) (Entered: 02/07/2005)

Feb. 7, 2005
34

PROOF OF SERVICE by defendant Applegate Holding Co. Request for Production of Documents, Interrogatories (Berkery, Karen) (Entered: 02/11/2005)

Feb. 11, 2005
35

STIPULATION titled "Stipulated Order" by plaintiff Equal Employment Opportunity Commission (Mengesha, Trina) Modified title of document on 2/23/2005 (bd, ). (Entered: 02/22/2005)

Feb. 22, 2005
36

ORDER granting STIPULATION 35, plaintiff shall file a response brief to defendants' motion for summary judgment on or before February 25, 2005; signed by Judge Richard Alan Enslen (Judge Richard Alan Enslen, blb) (Entered: 02/24/2005)

Feb. 24, 2005
37

RESPONSE in opposition re 28 to Defendant's Motion for Summary Judgment filed by Equal Employment Opportunity Commission (Attachments: # 1 Exhibit A # 2 Attachment 2 # 3 Attachment 1 # 4 Exhibit B # 5 Exhibit C # 6 Exhibit C (continued) # 7 Exhibit D # 8 Exhibit D (continued) # 9 Exhibit E # 10 Exhibit F # 11 Exhibit G) (Mengesha, Trina) Modified to reflect description of ttachments/exhibits pursuant to telephone call with filing attorney on 3/10/2005 (bd, ). (Entered: 02/25/2005)

Feb. 25, 2005
38

CERTIFICATE OF SERVICE by plaintiff Equal Employment Opportunity Commission (Mengesha, Trina) (Entered: 02/25/2005)

Feb. 25, 2005
39

REPLY to response to motion re 28 Plaintiff's Brief in Opposition to Motion for Summary Disposition filed by Advance Employment Services (Behler, Charles) (Entered: 03/10/2005)

March 10, 2005
41

ORDER granting in part and denying in part 28 defendant Advance Employment of Mt. Pleasant, Inc.'s motion for summary judgment, all claims of class member Patrick Bliesner are DISMISSED WITHOUT PREJUDICE; all claims of class member Michael Mellon against Defendant Advance Employment are DISMISSED WITHOUT PREJUDICE; signed by Judge Richard Alan Enslen (Judge Richard Alan Enslen, blb) (Entered: 05/19/2005)

May 19, 2005
42

ORDER regarding 12/21/2005 settlement conference; signed by Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, cbh) (Entered: 05/23/2005)

May 23, 2005
44

CERTIFICATE OF SERVICE by plaintiff Equal Employment Opportunity Commission for joint stipulated order (Mengesha, Trina) (Entered: 06/29/2005)

June 29, 2005
45

ORDER granting STIPULATION 43 to amend scheduling order; an amended case management order will issue; signed by Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, cbh) (Entered: 08/08/2005)

Aug. 8, 2005
46

FIRST AMENDED CASE MANAGEMENT ORDER: jury trial set for July 2006 trial term at 174 Federal Building, Kalamazoo, MI before Judge Richard Alan Enslen; final pretrial conference set for 6/22/2006 at 03:30 PM at 174 Federal Building, Kalamazoo, MI before Judge Richard Alan Enslen; signed by Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, cbh) Modified text on 8/8/2005 (acr, ). (Entered: 08/08/2005)

Aug. 8, 2005
47

PROPOSED STIPULATION and ORDER TO AMEND THE SCHEDULING ORDER by plaintiff Equal Employment Opportunity Commission (Price, Dale) (Entered: 10/26/2005)

Oct. 26, 2005
48

ORDER granting STIPULATION 47 TO AMEND THE SCHEDULING ORDER; no hearing dates are changed; further requests for extension will not be favored; signed by Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, cbh) (Entered: 10/28/2005)

Oct. 28, 2005

Copy of Order on Stipulation and Proposed Order48 sent via U.S. Mail to Adele Rapport, Trina Mengesha, Dale Price, Karen Berkery, Charles Behler, Matthew Wikander, Rachel Roe (bd, ) (Entered: 10/31/2005)

Oct. 31, 2005
49

ORDER requiring dismissal papers to be submitted by 1/20/2006; signed by Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, mdr) (Entered: 12/20/2005)

Dec. 20, 2005
50

PROPOSED CONSENT DECREE signed by all parties by plaintiff Equal Employment Opportunity Commission, and defendants Advance Employment Services and Applegate Holding Co (Price, Dale) Modified to correct filers on 1/10/2006 (acr, ). (Entered: 01/09/2006)

Jan. 9, 2006
51

ORDER TO SHOW CAUSE: Plaintiff United States Equal Employment Opportunity Commission to show cause in writing within 21 days why proposed Consent Decree should not rejected for referenced irregularities; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, blb) (Entered: 02/10/2006)

Feb. 10, 2006
52

RESPONSE to Order to Show Cause 51 by plaintiff Equal Employment Opportunity Commission (Mengesha, Trina) (Entered: 03/02/2006)

March 2, 2006
53

ORDER granting and adopting 50 consent decree; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, blb) (Entered: 04/10/2006)

April 10, 2006
54

CONSENT DECREE; with Exhibits A & B ; signed by Senior Judge Richard Alan Enslen (bd, ) (Entered: 04/11/2006)

April 10, 2006

State / Territory: Michigan

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 30, 2004

Closing Date: April 10, 2008

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

Advance Employment Services (Lansing, Michigan), Private Entity/Person

Applegate Holding Co. (Webberville, Michigan), 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

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: 130000

Order Duration: 2006 - 2008

Content of Injunction:

Discrimination Prohibition

Provide antidiscrimination training

Reporting

Retaliation Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Issues

General:

Disparate Treatment

Discrimination-area:

Harassment / Hostile Work Environment

Discrimination-basis:

Religion discrimination

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits