Case: EEOC v. Tri-State Plumbing, Heating & Air conditioning Contractors

2:05-cv-02717 | U.S. District Court for the Western District of Tennessee

Filed Date: Sept. 29, 2005

Closed Date: 2011

Clearinghouse coding complete

Case Summary

On September 29, 2005, the Memphis District Office of the Equal Employment Opportunity Commission (EEOC) filed a complaint in the U.S. District Court for the Western District of Tennessee. The EEOC sued Tri-State Plumbing, Heating & Air Conditioning Contractors, Inc. ("Tri-State"); United Association Of Plumbers, Pipefitters and Sprinklerfitters Plumbers, Local Union No. 17 (Local No. 17); and United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the Unit…

On September 29, 2005, the Memphis District Office of the Equal Employment Opportunity Commission (EEOC) filed a complaint in the U.S. District Court for the Western District of Tennessee. The EEOC sued Tri-State Plumbing, Heating & Air Conditioning Contractors, Inc. ("Tri-State"); United Association Of Plumbers, Pipefitters and Sprinklerfitters Plumbers, Local Union No. 17 (Local No. 17); and United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL-CIO ("United Association"). The case was assigned to Judge J. Daniel Breen. The complaint alleged racial and sex discrimination in violation of Title VII of the Civil Rights Act of 1964, and violations of equal protection rights under the Fourteenth Amendment. Specifically, it alleged that the employer Tri-State, a construction firm, subjected a group of African-American employees--seven male, one female--to multiple forms of racial discrimination, culminating in their dismissal once they complained; it also alleged that the female employee was additionally discriminated against due to her gender. The complaint also said that the local plumber's union failed to represent the workers because of their race and denied them work referrals because they complained of discrimination. The EEOC sought monetary and injunctive relief for the employees.

The employees all worked on the FedEx Forum arena construction site in Memphis, Tennessee from 2003 to 2004, where they said their co-workers made racially derogatory comments towards them and drew racist graffiti. Their employer allegedly assigned them the most dangerous tasks due to their race, and denied them the opportunity to work overtime while allowing the same to their white colleagues. They complained to their local union in May 2004, but they said that the union rather than advocating for them, alerted Tri-State, who subsequently fired them that June in retaliation. In the months that followed, the union's business manager allegedly told them there was no work, yet other union members who had not complained were being referred to jobs. They filed a formal charge against both Tri-State and the local union with the EEOC (the exact date is unclear based on the available documents from the case). After an investigation, the EEOC concluded that there was reasonable cause to believe that they had been unlawfully discriminated against. Negotiations between the EEOC and Tri-State to reach a conciliation agreement were ultimately unsuccessful, leading the EEOC to file this lawsuit.

The eight employees moved to intervene as plaintiffs on December 2, 2005. Although the precise reasons for their motion could not be confirmed from the available documents in the case, their motion was granted by Magistrate Judge Tu M. Pham on January 6, 2006. They filed their own complaint on March 8, 2006, largely reiterating the same allegations from that filed by the EEOC.

United Association filed a motion to dismiss on March 13, 2006; it argued that the intervening plaintiffs allegations, if true, failed to establish either that Local No. 17 was acting as its agent or that the plaintiffs exhausted all their administrative remedies before filing suit. United also filed an answer to the intervening plaintiffs' complaint that same day denying their pertinent allegations in full.

On May 12, 2006 the intervening plaintiffs filed their response rebutting each of United's principal arguments. They also indicated their intention to file an amended complaint that would clarify their specific complaints against United, and did just that on July 12; the amended complaint added more detail about Local No. 17's agency relationship with United and about their actions before contacting the EEOC.

Tri-State filed its own motion to dismiss on Sept. 14, 2006, this one responding to both the intervening plaintiff's and the EEOC's complaints. Tri-State alleged that the EEOC and the intervening plaintiffs' attorney conspired to ensure the failure of conciliation efforts, and that such bad faith activity was fatal to the lawsuit.

District Judge J. Daniel Breen denied United Association's motion to dismiss on February 27, 2007 and Tri-State's on August 21. Judge Breen noted that none of the cases relied on by United Association in its motion were directly applicable to the precise issue raised in this case. 2007 WL 649088. As for Tri-State, he found that its assertions that the EEOC negotiated in bad faith was largely contradicted by correspondence between the two parties in the run-up to the EEOC's filing of the lawsuit. 502 F. Supp. 2d 767.

For the next few months, the parties undertook discovery. On May 21, 2008 the case was reassigned to Judge S. Thomas Anderson, a newly appointed district court judge.

On November 5, 2008, the court approved a consent decree between the defendants, the EEOC, and all but one of the intervening plaintiffs. Among its provisions, the decree required Tri-State and the Local Union to update their anti-discrimination policies and provide anti-discrimination trainings to their members. Tri-State and the Local Union also agreed to pay a total of $360,000 to be distributed among the intervening plaintiffs as directed by their counsel and the EEOC. The consent decree was to last for three years, during which the court would retain jurisdiction for enforcement. Two weeks after the consent decree was entered, the EEOC and seven of the eight intervening plaintiffs voluntarily dismissed their claims. Discovery then continued with all defendants and the one remaining plaintiff representing himself pro se.

On September 10, 2010, the defendants filed a motion to compel discovery and sanction Hunt for failing to attend his deposition. The plaintiff filed no response to the motion, and the court granted the defendants’ motion on October 12. The defendants rescheduled the deposition, but Hunt again failed to show up without notice. After Hunt did not respond to the defendants' motion to dismiss on October 29, the court finally dismissed the case on December 3.

The consent decree expired in 2011, and the case is now closed.

Summary Authors

Kevin Wilemon (8/4/2008)

Rebecca Strauss (7/5/2018)

Alexander Walling (8/17/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4672861/parties/equal-employment-opportunity-commission-v-tri-state-plumbing-heating/


Judge(s)

Anderson, S. Thomas (Tennessee)

Breen, J. Daniel (Tennessee)

Pham, Tu M. (Tennessee)

Attorneys(s) for Plaintiff

Cooper, Ronald S. (District of Columbia)

Kores, Katharine W. (Tennessee)

Lee, James (Tennessee)

Owen, Carson L. (Tennessee)

Rapport, Adele (Tennessee)

Reams, Gwendolyn Young (Tennessee)

Smith, Deidre (Tennessee)

Judge(s)

Anderson, S. Thomas (Tennessee)

Breen, J. Daniel (Tennessee)

Pham, Tu M. (Tennessee)

Attorneys(s) for Plaintiff

Cooper, Ronald S. (District of Columbia)

Kores, Katharine W. (Tennessee)

Lee, James (Tennessee)

Owen, Carson L. (Tennessee)

Rapport, Adele (Tennessee)

Reams, Gwendolyn Young (Tennessee)

Smith, Deidre (Tennessee)

Williams, Faye A. (Tennessee)

Attorneys(s) for Defendant

Beard, Craig M. (Tennessee)

Femia, Nicholas R. (District of Columbia)

Godwin, Deborah E. (Tennessee)

Taylor, Timothy P. (Tennessee)

Velander, David A. (Kentucky)

Other Attorney(s)

Marshall, Michael R. (Tennessee)

Sharp, Kevin Hunter (Tennessee)

Documents in the Clearinghouse

Document

Docket (PACER)

EEOC v. Tri-State Plumbing, Heating & Air Conditioning Contractors, Inc.

Dec. 14, 2010 Docket
14-1

Intervenors' Complaint

EEOC v. Tri-State Plumbing, Heating & Air Conditioning Contractors, Inc.

March 8, 2006 Complaint
41

Intervenors' First Amended Complaint

EEOC v. Tri-State Plumbing, Heating & Air Conditioning Contractors, Inc.

July 12, 2006 Complaint
66

Order Denying Motion to Dismiss [...]

EEOC v. Tri-State Plumbing, Heating & Air Conditioning Contractors, Inc.

2007 WL 649088, 2007 U.S.Dist.LEXIS 14561

Feb. 27, 2007 Order/Opinion
70

Order Denying Motion to Dismiss of Defendant Tri-State Plumbing, Heating & Air Conditioning Contractors, Inc.

EEOC v. Tri-State Plumbing, Heating & Air Conditioning Contractors, Inc.

502 F.Supp.2d 767

Aug. 21, 2007 Order/Opinion
87

Consent Decree

EEOC v. Tri-State Plumbing, Heating & Air Conditioning

Nov. 5, 2008 Order/Opinion
119

Order of Dismissal

Hunt v. Tri-State Plumbing, Heating & Air Conditioning

Dec. 2, 2010 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4672861/equal-employment-opportunity-commission-v-tri-state-plumbing-heating/

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

ECF Number Description Date Link
1

COMPLAINT FOR VIOLATION OF CIVIL RIGHTS PURSUANT TO TITLE VII OF THE CIVIL RIGHTS ACT against all defendants , filed by Equal Employment Opportunity Commission.(fsh, ) (Entered: 09/29/2005)

Sept. 29, 2005
6

ORDER OF REFERENCE: REFERRING 3 MOTION to Intervene filed by Eddie Anderson,, Donnell Addison,, Karen Alexander,, Keith Clark,, Billy Herring,, Kendrick Hunt,, Roy Oliver,, Fred Wiggins,..for determination.. Signed by Judge J. Daniel Breen. (ehg, )

Dec. 6, 2005 RECAP
2

SETTING LETTER: Scheduling Conference set for 1/12/2006 10:15 AM before Tu M. Pham. (ehg, ) (Entered: 12/02/2005)

Dec. 1, 2005
10

SCHEDULING ORDER: Initial disclosures due 1/12/06. Amended Pleadings due by 3/6/2006. Discovery due by 1/5/2007. Joinder of Parties due by 3/6/2006. Initial Motions to dismiss due by 4/5/2006. Dispositive motions due 2/5/07. Case set for jury trial (3-4 wks). Pretrial order, pretrial conference and trial dates will be set by presiding judge. Parties are to engage in ADR prior to close of discovery. Parties have not consented to proceed before magistrate judge. Absent good cause shown, dates set by this order will not be modified or extended. Signed by Judge Tu M. Pham. (jae, )

Dec. 23, 2005 RECAP
3

MOTION to Intervene w/attached Intervenors' Complaint by Donnell Addison, Karen Alexander, Eddie Anderson, Keith Clark, Billy Herring, Kendrick Hunt, Roy Oliver, Fred Wiggins. (ehg, ) (Entered: 12/05/2005)

Dec. 2, 2005
66

ORDER denying 45 Motion to Dismiss the Intervenors' Amended Complaint. Signed by Judge J. Daniel Breen on 02/27/07. (Breen, J.).

Feb. 27, 2007 RECAP
70

ORDER denying 48 Motion to Dismiss of Defendant Tri-State Plumbing, Heating & Air Conditioning Contractors, Inc. Signed by Judge J. Daniel Breen on 8/21/07. (Breen, J.)

Aug. 21, 2007 RECAP
4

MEMORANDUM in Support re 3 MOTION to Intervene filed by Donnell Addison, Karen Alexander, Eddie Anderson, Keith Clark, Billy Herring, Kendrick Hunt, Roy Oliver, Fred Wiggins. (ehg, ) (Entered: 12/05/2005)

Dec. 2, 2005
5

ANSWER to Complaint by Tri−State Plumbing, Heating & Air Conditioning Contractors, Inc..(ehg, ) (Entered: 12/06/2005)

Dec. 5, 2005
7

ANSWER to Complaint by United Association Of Plumbers, Pipefitters and Sprinklefitters, Plumber's Local Union No. 17.(ehg, ) (Entered: 12/09/2005)

Dec. 8, 2005
8

SETTING LETTER: Scheduling Conference set for 1/5/2006 10:15 AM before Tu M. Pham. (ehg, ) (Entered: 12/16/2005)

Dec. 16, 2005
9

REPORT of Rule 26(f) Planning Meeting. (ehg, ) (Entered: 12/22/2005)

Dec. 21, 2005
11

SETTING LETTER: Jury Trial set for 5/21/2007 09:30 AM in Courtroom 1 − Memphis before J. Daniel Breen. Pretrial Conference set for 5/14/2007 09:00 AM in Courtroom 1 − Memphis before J. Daniel Breen. Proposed Joint Pretrial Order due 5/7/07.(jae, ) (Entered: 12/29/2005)

Dec. 28, 2005

Set/Reset Deadlines: Proposed Pretrial Order due by 5/7/2007. (jae, ) (Entered: 12/29/2005)

Dec. 28, 2005
13

Answer To Intervenors' Complaint ANSWER to Complaint by Tri−State Plumbing, Heating & Air Conditioning Contractors, Inc..(Velander, David) (Entered: 03/06/2006)

March 6, 2006
14

INTERVENOR COMPLAINT Western division Donnell Addison, et al v. Tri−State Plumbing, Heating & Air Conditioning Contractors, Inc. et al Intervenor's Complaint . (Attachments: # 1 Previously "Filed" stamped Intervenor's Complaint)(Marshall, Michael) Modified on 3/9/2006 (ehg, ). (Entered: 03/08/2006)

March 8, 2006
15

ANSWER to Complaint of Intervenors by United Association Of Plumbers, Pipefitters and Sprinklefitters, Plumber's Local Union No. 17.(Taylor, Timothy) (Entered: 03/13/2006)

March 13, 2006
16

MOTION to Dismiss Intervenors' Complaint by United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL−CIO. Responses due by 4/12/2006 (Taylor, Timothy) (Entered: 03/13/2006)

March 13, 2006
17

MEMORANDUM in Support re 16 MOTION to Dismiss Intervenors' Complaint filed by United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL−CIO. (Attachments: # 1 Unpublished case# 2 Unpublished Case# 3 Unpublished Case# 4 Unpublished Case# 5 # 6 Unpublished Case# 7 Unpublished Case)(Taylor, Timothy) (Entered: 03/13/2006)

March 13, 2006
18

AFFIDAVIT in Support re 17 Memorandum in Support of Motion, Affidavit of Timothy Taylor by United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL−CIO. (Taylor, Timothy) (Entered: 03/13/2006)

March 13, 2006
19

DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 17 Memorandum in Support of Motion, filed by United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL−CIO,, 16 MOTION to Dismiss Intervenors' Complaint filed by United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL−CIO,, 18 Affidavit in Support filed by United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL−CIO, has been filed. However, the following deficiency has been found: Documents filed separately..FYI: A memorandum, exhibit, or additional documents filed with your "motion" will be an attachment. Refer to the Attorney User Manuel. No corrective action necessary at this time. (ehg, ) (Entered: 03/14/2006)

March 14, 2006
20

MOTION for Leave to Appear Pro Hac Vice (proposed Order submitted) by United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL−CIO. (Attachments: # 1 Exhibit Certificate of Good Standing)(Taylor, Timothy) (Entered: 03/17/2006)

March 17, 2006
21

ORDER granting 20 Motion for Leave to Appear Pro Hac Vice. Signed by Judge J. Daniel Breen on 03/21/06. (Breen, J.) (Entered: 03/21/2006)

March 21, 2006
22

MOTION to Substitute Attorney (Proposed Order submitted) by Equal Employment Opportunity Commission. (Rapport, Adele) (Entered: 03/28/2006)

March 28, 2006
23

ORDER granting 22 Motion to Substitute Attorney. Added attorney Adele Rapport for Equal Employment Opportunity Commission. Attorney Katherine W. Kores terminated. Signed by Judge J. Daniel Breen on 03/28/06.(Breen, J.) Modified on 3/29/2006 (ehg, ). (Entered: 03/28/2006)

March 28, 2006
24

First MOTION for Extension of Time to File Response/Reply to Motion to Dismiss by Donnell Addison, Karen Alexander, Eddie Anderson, Keith Clark, Billy Herring, Kendrick Hunt, Roy Oliver, Fred Wiggins. (Attachments: # 1 Memorandum in Support of Motion to Extend Time to Respond to Motion to Dismiss# 2 Order Granting Motion to Extend Time to Respond to Motion to Dismiss)(Marshall, Michael) (Entered: 04/07/2006)

April 7, 2006
26

RESPONSE in Opposition re 16 MOTION to Dismiss Intervenors' Complaint filed by Donnell Addison, Karen Alexander, Eddie Anderson, Keith Clark, Billy Herring, Kendrick Hunt, Roy Oliver, Fred Wiggins. (Attachments: # 1 Memorandum in Opposition to Defendant United Association's Motion to Dismiss# 2 Exhibit A to Memorandum in Opposition to Defendant United Association's Motion to Dismiss)(Marshall, Michael) (Entered: 05/12/2006)

May 12, 2006
27

RESPONSE in Opposition re 16 MOTION to Dismiss Intervenors' Complaint Motion in Opposition to Defendant United Association's Motion to Dismiss filed by Donnell Addison, Karen Alexander, Eddie Anderson, Keith Clark, Billy Herring, Kendrick Hunt, Roy Oliver, Fred Wiggins. (Attachments: # 1 Memorandum in Opposition to Defendant United Association's Motion to Dismiss# 2 Exhibit A to Memorandum in Opposition to Defendant United Association's Motion to Dismiss)(Marshall, Michael) [NOTE to File: This document is a duplicate of document #26] Modified on 5/15/2006 (ehg, ). (Entered: 05/12/2006)

May 12, 2006
28

MOTION for Leave to File Reply to Intervening Plaintiffs' Opposition to Motion to Dismiss (proposed Order submitted) by United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL−CIO. (Attachments: # 1 Exhibit Reply to Intervening Plaintiffs' Opposition to Motion to Dismiss)(Taylor, Timothy) (Entered: 05/24/2006)

May 24, 2006
29

ORDER Granting 28 Motion for Leave to File Reply Memorandum in Support of Motion to Dismiss Filed by Defendant United Association. Signed by Judge J. Daniel Breen on 5/24/06. (Breen, J.) (Entered: 05/24/2006)

May 24, 2006
30

REPLY to Response to Motion re 16 MOTION to Dismiss Intervenors' Complaint filed by United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL−CIO. (Taylor, Timothy) (Entered: 05/25/2006)

May 25, 2006
31

ORDER. Signed by Judge J.Daniel Breen on 06/05/06. (Breen, J.) (Entered: 06/05/2006)

June 5, 2006
32

[Duplicate; See filed Document #34] First MOTION to Amend/Correct Complaint, and Certificate of Consult by Donnell Addison, Karen Alexander, Eddie Anderson, Keith Clark, Billy Herring, Kendrick Hunt, Roy Oliver, Fred Wiggins. (Attachments: # 1 Exhibit 1 First Amended Complaint)(Marshall, Michael) Modified on 6/19/2006 (ehg, ). (Entered: 06/16/2006)

June 16, 2006
33

[Duplicate; See Filed Document #34] AMENDED COMPLAINT against United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL−CIO, Tri−State Plumbing, Heating & Air Conditioning Contractors, Inc., United Association Of Plumbers, Pipefitters and Sprinklefitters, Plumber's Local Union No. 17, filed by Donnell Addison, Karen Alexander, Eddie Anderson, Keith Clark, Billy Herring, Kendrick Hunt, Roy Oliver, Fred Wiggins. (Marshall, Michael) Modified on 6/19/2006 (ehg, ). (Entered: 06/16/2006)

June 16, 2006
34

First MOTION to Amend/Correct the Compliant by Donnell Addison, Karen Alexander, Eddie Anderson, Keith Clark, Billy Herring, Kendrick Hunt, Roy Oliver, Fred Wiggins. (Attachments: # 1 Exhibit 1 First Amended Complaint# 2 Memorandum in support of Motion to Amend Complaint)(Marshall, Michael) (Entered: 06/16/2006)

June 16, 2006
35

AFFIDAVIT of Intent to Perform Discovery of Michael R. Marshall by Donnell Addison, Karen Alexander, Eddie Anderson, Keith Clark, Billy Herring, Kendrick Hunt, Roy Oliver, Fred Wiggins. (Attachments: # 1 Exhibit A to Affidavit of Intent to Perform Discovery# 2 Exhibit B to Affidavit of Intent to Perform Discovery)(Marshall, Michael) (Entered: 06/16/2006)

June 16, 2006
36

AMENDED DOCUMENT by Donnell Addison, Karen Alexander, Eddie Anderson, Keith Clark, Billy Herring, Kendrick Hunt, Roy Oliver, Fred Wiggins. Amendment to 34 First MOTION to Amend/Correct the Compliant Order Emailed to Judge Breen .

June 16, 2006
38

DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 33 Amended Complaint, filed by Eddie Anderson,, Donnell Addison,, Karen Alexander,, Keith Clark,, Billy Herring,, Kendrick Hunt,, Roy Oliver,, Fred Wiggins, has been filed. However, the following deficiency has been found: Document filed and event used does not match. This is a duplicate of document #34. (ehg, ) (Entered: 06/19/2006)

June 19, 2006
39

COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 36 Amended Document, filed by Eddie Anderson,, Donnell Addison,, Karen Alexander,, Keith Clark,, Billy Herring,, Kendrick Hunt,, Roy Oliver,, Fred Wiggins, has been filed. For future reference, please note ALL proposed orders should be e−mailed to the judge and not entered on ECF.. Filer is not required to resubmit document. (ehg, ) (Entered: 06/19/2006)

June 19, 2006
40

ORDER granting 34 Intervening Plaintiffs' Motion to Amend Complaint. Plaintiffs shall file the amended complaint w/i 3 days from the date of this order, with service on all parties. Signed by Judge Tu M. Pham on 7/10/06. (Pham, Tu) (Entered: 07/10/2006)

July 10, 2006
41

Intervenors' First AMENDED COMPLAINT against United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL−CIO, Tri−State Plumbing, Heating & Air Conditioning Contractors, Inc., United Association Of Plumbers, Pipefitters and Sprinklefitters, Plumber's Local Union No. 17, filed by Donnell Addison, Karen Alexander, Eddie Anderson, Keith Clark, Billy Herring, Kendrick Hunt, Roy Oliver, Fred Wiggins. (Marshall, Michael) Modified on 7/31/2006 (ehg, ). (Entered: 07/12/2006)

July 12, 2006
42

MOTION to Substitute Attorney Proposed Order Submitted , MOTION to Withdraw as Attorney Proposed Order Submitted by Equal Employment Opportunity Commission. (Owen, Carson) (Entered: 07/31/2006)

July 31, 2006
43

ORDER granting 42 Plaintiff EEOC's Motion to Withdraw and Substitute Counsel. Adele Rapport GRANTED leave to withdraw as counsel for EEOC and Faye Williams to be substituted as counsel . Signed by Judge Tu M. Pham on 7/31/06. (Pham, Tu) (Entered: 07/31/2006)

July 31, 2006
44

ANSWER to Amended Complaint of Intervening Plaintiffs by United Association Of Plumbers, Pipefitters and Sprinklefitters, Plumber's Local Union No. 17.(Taylor, Timothy) (Entered: 08/02/2006)

Aug. 2, 2006
45

MOTION to Dismiss Intervenors' Amended Complaint by United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL−CIO. Responses due by 9/11/2006 (Taylor, Timothy) (Entered: 08/11/2006)

Aug. 11, 2006
46

MEMORANDUM in Support re 45 MOTION to Dismiss Intervenors' Amended Complaint filed by United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL−CIO. (Taylor, Timothy) (Entered: 08/11/2006)

Aug. 11, 2006
47

ANSWER to Amended Complaint by Tri−State Plumbing, Heating & Air Conditioning Contractors, Inc..(Velander, David) (Entered: 08/17/2006)

Aug. 17, 2006
48

MOTION to Dismiss by Tri−State Plumbing, Heating & Air Conditioning Contractors, Inc.. (Velander, David) (Entered: 09/14/2006)

Sept. 14, 2006
49

MEMORANDUM in Support re 48 MOTION to Dismiss filed by Tri−State Plumbing, Heating & Air Conditioning Contractors, Inc.. (Attachments: # 1 Affidavit of David A. Velander)(Velander, David) Modified text on 9/15/2006 (ehg, ). (Entered: 09/14/2006)

Sept. 14, 2006
51

NOTICE of Appearance by Kevin Hunter Sharp on behalf of Donnell Addison, Karen Alexander, Eddie Anderson, Keith Clark, Billy Herring, Kendrick Hunt, Roy Oliver, Fred Wiggins (Sharp, Kevin) (Entered: 10/06/2006)

Oct. 6, 2006
52

RESPONSE in Opposition re 48 MOTION to Dismiss filed by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in Support of EEOC's Motion to Dismiss# 2 Affidavit of Audrey Bonner# 3 Exhibit List to Affidavit of Audrey Bonner# 4 Exhibit A# 5 Exhibit (Collective) B# 6 Exhibit (Collective) C# 7 Exhibit D# 8 Exhibit E# 9 Exhibit (Collective) F# 10 Exhibit (Collective) G# 11 Affidavit of Timothy Williams# 12 Exhibit List to Affidavit of Timothy Williams# 13 Exhibit A# 14 Exhibit B# 15 Exhibit C# 16 Exhibit D# 17 Unreported Case − EEOC v. Mike Fink# 18 Unreported Case − EEOC v. Spectrum Health# 19 Unreported Case − EEOC v. VME Americas# 20 Unreported Case − EEOC v. Shelbyville Mixing Center# 21 Unreported Case − EEOC v. Cone Solvents# 22 Unreported Case − EEOC v. Norvell Wallace# 23 Unreported Case − EEOC v. Kaiser Foundation Health)(Owen, Carson) (Entered: 10/12/2006)

Oct. 12, 2006
53

NOTICE by Equal Employment Opportunity Commission re 52 Response in Opposition to Motion,,, of Filing Omitted Exhibit M (Owen, Carson) (Entered: 10/13/2006)

Oct. 13, 2006
54

COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 53 Notice (Other) filed by Equal Employment Opportunity Commission, has been filed. For future reference, please note: Event to use should have been "Notice of Correction", because of Exhibit being omitted. The docket text has been corrected. Filer is not required to resubmit document. (ehg, ) (Entered: 10/13/2006)

Oct. 13, 2006
55

ORDER TO SHOW CAUSE Why the Motion of the Defendant, United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL−CIO, to Dismiss the Intervenors' Amended Complaint Shoud Not be Granted; Show Cause Response due by 10/30/2006. Signed by Judge J. Daniel Breen on 10/16/06. (Breen, J.) (Entered: 10/16/2006)

Oct. 16, 2006
56

RESPONSE in Opposition re 48 MOTION to Dismiss Intervening Plaintiffs' Response in Opposition to Tri−State Plumbings Motion to Dismiss filed by Donnell Addison, Karen Alexander, Eddie Anderson, Keith Clark, Billy Herring, Kendrick Hunt, Roy Oliver, Fred Wiggins. (Marshall, Michael) (Entered: 10/16/2006)

Oct. 16, 2006
57

RESPONSE to Motion re 16 MOTION to Dismiss Intervenors' Complaint Response to United Association's Motion to Dismiss Intervenors Amended Complaint filed by Donnell Addison, Karen Alexander, Eddie Anderson, Keith Clark, Billy Herring, Kendrick Hunt, Roy Oliver, Fred Wiggins. (Marshall, Michael) (Entered: 10/27/2006)

Oct. 27, 2006
58

Joint MOTION to Set Aside Scheduling Order (proposed order submitted) by Donnell Addison, Karen Alexander, Eddie Anderson, Keith Clark, Billy Herring, Kendrick Hunt, Equal Employment Opportunity Commission, Roy Oliver, Fred Wiggins, United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL−CIO, Tri−State Plumbing, Heating & Air Conditioning Contractors, Inc., United Association Of Plumbers, Pipefitters and Sprinklefitters, Plumber's Local Union No. 17. (Taylor, Timothy) (Entered: 11/03/2006)

Nov. 3, 2006
59

MOTION to Stay Discovery (proposed order submitted) by United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL−CIO. (Taylor, Timothy) (Entered: 11/03/2006)

Nov. 3, 2006
60

MEMORANDUM in Support re 59 MOTION to Stay Discovery (proposed order submitted) filed by United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL−CIO. (Taylor, Timothy) (Entered: 11/03/2006)

Nov. 3, 2006
61

ORDER Granting 58 Joint Motion to Suspend Scheduling Order . Signed by Judge J. Daniel Breen on 11/14/06. (Breen, J.) (Entered: 11/14/2006)

Nov. 14, 2006
63

MOTION for Leave to File Reply Memorandum (proposed order submitted) by United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL−CIO. (Attachments: # 1 Exhibit 1 − Proposed Reply Memorandum)(Taylor, Timothy) (Entered: 12/05/2006)

Dec. 5, 2006
64

ORDER Granting 63 Motion for Leave to File a Reply Memorandum in Support of Motion to Dismiss Amended Complaint Filed by Defendant United Association . Signed by Judge J. Daniel Breen on 12/5/06. (Breen, J.) (Entered: 12/05/2006)

Dec. 5, 2006
65

REPLY to Response to Motion re 45 MOTION to Dismiss Intervenors' Amended Complaint filed by United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL−CIO. (Taylor, Timothy) (Entered: 02/14/2007)

Feb. 14, 2007
67

MOTION for Extension of Time to File Answer Proposed Order Submitted by United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL−CIO. (Attachments: # 1 Certificate of Consultation # 2 Memorandum In Support of Motion for Extension)(Taylor, Timothy) (Entered: 03/13/2007)

March 13, 2007
68

ORDER Granting 67 Defendant United Association's Motion for Extension of Time in Which to File a Responsive Pleading; due 3/27/07. Signed by Judge J. Daniel Breen on 3/13/07. (Breen, J.) (Entered: 03/13/2007)

March 13, 2007
69

ANSWER to Amended Complaint by United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL−CIO.(Taylor, Timothy) (Entered: 03/27/2007)

March 27, 2007
71

MOTION for Scheduling Conference (Proposed Order Submitted) by Equal Employment Opportunity Commission. (Owen, Carson) (Entered: 10/10/2007)

Oct. 10, 2007
72

ORDER REFERRING MOTION: 71 MOTION for Scheduling Conference filed by Equal Employment Opportunity Commission, this matter is referred to Magistrate Judge Tu Pham for the purpose of conducting a scheduling conference. Signed by Judge J. Daniel Breen on 10/10/07. (Breen, J.) (Entered: 10/10/2007)

Oct. 10, 2007
73

SETTING LETTER: Scheduling Conference set for 10/25/2007 at 9:30 AM in Courtroom 6 − Memphis before Magistrate Judge Tu M. Pham. (bdg) (Entered: 10/11/2007)

Oct. 11, 2007
74

SCHEDULING ORDER: Discovery due by 6/30/2008, Dispositive Motions due by 8/1/2008. Jury trial expected to last 3−4 weeks. The Scheduling Conference set for 10/25/07 is canceled. Signed by Magistrate Judge Tu M. Pham on 10/23/07. (Pham, Tu) (Entered: 10/23/2007)

Oct. 23, 2007
75

SETTING LETTER: Jury Trial set for 11/3/2008 09:30 AM before Unassigned District Judge. Pretrial Conference set for 10/27/2008 01:30 PM before Unassigned District Judge. Proposed Joint Pretrial Order due 10/20/2008. (tpe, ) (Entered: 11/15/2007)

Nov. 15, 2007
76

REQUEST for Production of Documents by Donnell Addison, Karen Alexander, Eddie Anderson, Keith Clark, Billy Herring, Kendrick Hunt, Roy Oliver, Fred Wiggins.(Marshall, Michael) (Entered: 01/30/2008)

Jan. 30, 2008
77

DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 76 Request for Production of Documents filed by Billy Herring, Fred Wiggins, Karen Alexander, Donnell Addison, Eddie Anderson, Kendrick Hunt, Keith Clark, Roy Oliver has been filed. However, the following deficiency has been found: Interrogatories, Requests for Admissions, Requests for Production and the responses to same, are served on opposing counsel and NOT FILED with the Court until used in the proceeding or the court orders filing. LR26.1. The filer is not required to correct or re−file the document. Any questions, please call the HelpDesk. (ehg, ) (Entered: 02/01/2008)

Feb. 1, 2008
78

ORDER REASSIGNING CASE. Case reassigned to Judge S. Thomas Anderson for all further proceedings. Judge J. Daniel Breen no longer assigned to case. Signed by Judge J. Daniel Breen on 5/21/08. (jae, ) (Entered: 05/22/2008)

May 21, 2008
79

Joint MOTION for Protective Order Proposed Order Submitted by Equal Employment Opportunity Commission. (Attachments: # 1 Certificate of Consultation)(Owen, Carson) (Entered: 06/13/2008)

June 13, 2008
80

ORDER granting 79 Motion for Protective Order. Signed by Judge S. Thomas Anderson on 6/13/2008. (Anderson, S.) (Entered: 06/13/2008)

June 13, 2008
81

Joint MOTION to Continue Case Deadlines (Proposed Order submitted) by Equal Employment Opportunity Commission. (Owen, Carson) (Entered: 06/30/2008)

June 30, 2008
82

AMENDED SCHEDULING ORDER. ORDER granting 81 Motion to Continue. Signed by Judge S. Thomas Anderson on 7/1/08. (Anderson, S.) (Entered: 07/01/2008)

July 1, 2008

Set/Reset Scheduling Order Deadlines: Discovery due by 4/17/2009. Filing Dispositive Motions 5/22/2009. (ehg, ) (Entered: 07/01/2008)

July 1, 2008
83

SETTING LETTER: Jury Trial reset for 8/24/2009 09:30 AM in Courtroom 4 − Memphis before Judge S. Thomas Anderson; Pretrial Conference set for 8/10/2009 09:00 AM in Courtroom 4 − Memphis before Judge S. Thomas Anderson; Proposed Pretrial Order due by 8/3/2009. (tlh, ) (Entered: 07/07/2008)

July 7, 2008
84

First MOTION to Withdraw as Attorney 's of Record, Proposed Order Submitted by Donnell Addison, Karen Alexander, Eddie Anderson, Keith Clark, Billy Herring, Kendrick Hunt, Roy Oliver, Fred Wiggins. (Attachments: # 1 Memorandum in Support of Motion to Withdraw)(Marshall, Michael) (Entered: 07/29/2008)

July 29, 2008
85

ORDER REFERRING MOTION: 84 First MOTION to Withdraw as Attorney 's of Record, Proposed Order Submitted filed by Billy Herring, Fred Wiggins, Karen Alexander, Donnell Addison, Eddie Anderson, Kendrick Hunt, Keith Clark, Roy Oliver. Signed by Judge S. Thomas Anderson on 7/31/08. (Anderson, S.) (Entered: 07/31/2008)

July 31, 2008
86

ORDER Granting 84 Michael R. Marshall and Kevin H. Sharp to Withdraw as Counsel for Kendrick Hunt. Attorneys Michael R. Marshall and Kevin Sharp terminated. Signed by Magistrate Judge Tu M. Pham on 7/31/08. (Pham, Tu) (Entered: 07/31/2008)

July 31, 2008
87

CONSENT DECREE. Signed by Judge S. Thomas Anderson on 11/5/08. (Anderson, S.) (Entered: 11/05/2008)

Nov. 5, 2008
88

STIPULATION of Dismissal by Donnell Addison, Karen Alexander, Eddie Anderson, Keith Clark, Billy Herring, Roy Oliver, Fred Wiggins, United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL−CIO. (Taylor, Timothy) (Entered: 11/19/2008)

Nov. 19, 2008
89

ORDER of Voluntary Dismissal. Signed by Judge S. Thomas Anderson on 11/18/08. (Anderson, S.) (Entered: 11/19/2008)

Nov. 19, 2008
90

SETTING LETTER: Status Conference set for 4/7/2009 09:15 AM in Courtroom 4 − Memphis before Judge S. Thomas Anderson. (tlh) (Entered: 02/26/2009)

Feb. 26, 2009
91

AMENDED SETTING LETTER: Status Conference set for 4/7/2009 09:15 AM in Courtroom 4 − Memphis before Judge S. Thomas Anderson. (tlh) (Entered: 02/26/2009)

Feb. 26, 2009
92

SETTING LETTER: Status Conference RESET for 4/16/2009 03:00 PM in Courtroom 4 − Memphis before Judge S. Thomas Anderson. (tlh) (Entered: 04/03/2009)

April 3, 2009
93

AMENDED SETTING LETTER: Status Conference RESET for 4/16/2009 03:00 PM in Courtroom 4 − Memphis before Judge S. Thomas Anderson. (tlh) (Entered:

April 3, 2009
94

ORDER OF REFERENCE for Scheduling Conference. Signed by Judge S. Thomas Anderson on 4/17/09. (Anderson, S.) (Entered: 04/17/2009)

April 17, 2009
95

Notice of Setting. A Scheduling Conference has been set for 4/30/2009 10:15 AM in Courtroom 6 − Memphis before Magistrate Judge Tu M. Pham. (cas) (Entered: 04/20/2009)

April 20, 2009
98

Minute Entry for proceedings held before Magistrate Judge Tu M. Pham. Scheduling Conference held on 4/30/2009. Pro−Se plaintiff does not agree to the proposed scheduling order at this time. Plaintiff wishes to add parties to the matter. The Court advised plaintiff he must file a Motion to Amend Complaint to be able to add parties. Deadline for Motion to Amend Complaint is 8/1/2009. Proposed Scheduling Order to be entered. (Plaintiffs Counsel: K. Hunt (pro−se). Defendants Counsel: T. Taylor, D. Velander & N. Femia by phone.) (Tape #FTR) (cas) (Entered: 05/04/2009)

April 30, 2009
97

SCHEDULING ORDER: Amended Pleadings due by 8/1/2009. Discovery due by 10/30/2009. Joinder of Parties due by 8/1/2009. Dispositive Motions due by 1/15/2010. Jury trial expected to last 4−5 days. Signed by Magistrate Judge Tu M. Pham on 5/1/09. (Pham, Tu) (Entered: 05/01/2009)

May 1, 2009
99

SETTING LETTER: Jury Trial set for 4/19/2010 09:30 AM in Courtroom 4 − Memphis before Judge S. Thomas Anderson. Pretrial Conference set for 4/5/2010 09:15 AM in Courtroom 4 − Memphis before Judge S. Thomas Anderson. Proposed Pretrial Order due by 3/29/2010. (tlh) (Entered: 05/12/2009)

May 12, 2009
100

MOTION for Extension of Time to Complete Discovery proposed order submitted by all defendants. (Velander, David) (Entered: 10/08/2009)

Oct. 8, 2009
101

ORDER referring case to Magistrate Judge for Mediation and granting 100 Motion for Extension of Time to Complete Discovery. Signed by Judge S. Thomas Anderson on 10/23/09. (Anderson, S.) (Entered: 10/23/2009)

Oct. 23, 2009
102

NOTICE OF SETTING: (TEXT ONLY − NO IMAGE ASSOCIATED WITH THIS ENTRY) A Telephonic Status Conference to determine a date for mediation has been set for Thursday, November 12, 2009 at 10:00 AM in Courtroom 6 − Memphis before Magistrate Judge Tu M. Pham. Counsel for Defendant shall set up and initiate the conference call prior to dialing Judge Pham's courtroom. However, the Court will notify you when you are to call into the courtroom. If you have any questions, please contact the case manager at sandra_mcclain@tnwd.uscourts.gov.(smm) (Entered: 11/05/2009)

Nov. 5, 2009
103

NOTICE OF RE−SETTING: (TEXT ONLY − NO IMAGE ASSOCIATED WITH THIS ENTRY) A Telephonic Status Conference to determine a date for mediation currently set for Thursday, November 12, 2009 has been RE−SET to Friday, November 13, 2009 at 9:30 AM in Courtroom 6 − Memphis before Magistrate Judge Tu M. Pham. Counsel for Defendant shall set up and initiate the conference call prior to dialing Judge Pham's courtroom. However, the Court will notify you when you are to call into the courtroom. If you have any questions, please contact the case manager at sandra_mcclain@tnwd.uscourts.gov(smm) (Entered: 11/09/2009)

Nov. 9, 2009
104

Minute Entry for proceedings held before Magistrate Judge Tu M. Pham: Telephonic Status Conference held on 11/13/2009. The status of the case was discussed and a Settlement Conference has been set for Thursday, December 17, 2009 at 10:00 AM in Courtroom 6 − Memphis before Magistrate Judge Tu M. Pham. (Participating Counsel: K. Hunt, D. Velander, T. Taylor and N. Femia)(Tape #FTR.) (smm) (Entered: 11/13/2009)

Nov. 13, 2009

State / Territory: Tennessee

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 29, 2005

Closing Date: 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of African American employees who allege discrimination on the basis of race

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

United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL-CIO (Memphis, TN), Private Entity/Person

Tri-State Plumbing, Heating & Air Conditioning Contractors, Inc. (Memphis, TN), Private Entity/Person

United Association Of Plumbers, Pipefitters and Sprinklefitters, Plumber's Local Union No. 17 (Memphis, TN), Union

Case Details

Causes of Action:

42 U.S.C. § 1981

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

Constitutional Clause(s):

Equal Protection

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

Voluntary Dismissal

Amount Defendant Pays: $360,000

Order Duration: 2008 - 2011

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Follow recruitment, hiring, or promotion protocols

Goals (e.g., for hiring, admissions)

Hire

Provide antidiscrimination training

Reporting

Retaliation Prohibition

Training

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Hiring

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Promotion

Seniority

Discrimination-basis:

Race discrimination

Sex discrimination

Race:

Black

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit