Case: EEOC v. D.S. McClanahan & Sons, Inc.

1:98-cv-00380 | U.S. District Court for the Northern District of Mississippi

Filed Date: Nov. 20, 1998

Closed Date: Dec. 22, 2003

Clearinghouse coding complete

Case Summary

In November 1998, the Birmingham District Office of the EEOC filed this lawsuit against D.S. McClanahan & Sons, Inc. in the U.S. District Court for the Northern District of Mississippi. We do not have a copy of the complaint; therefore, the exact allegations are unknown. Defendant Kerr-McGee Chemical LLC was joined to the case in August 1999. Following some discovery, several judicial transfers, an unsuccessful motion to dismiss by defendant in September 2001, and a consent decree signed by the EEOC and defendant Kerr-McGee in November 2002, defendant D.S. McClanahan successfully moved for summary judgment in June 2003. The EEOC appealed the grant of summary judgment to the Fifth Circuit Court of Appeals in September 2003, which dismissed the appeal in December 2003. The consent decree entered into by defendant Kerr-McGee was set aside October 2003.

Summary Authors

David Friedman (10/30/2007)

Documents in the Clearinghouse

Document

1:98-cv-00380

03-60800

Docket [PACER - 5th Cir.]

U.S. Court of Appeals for the Fifth Circuit

Jan. 12, 2004

Jan. 12, 2004

Docket

1:98-cv-00380

Docket [PACER - USDC]

Jan. 13, 2004

Jan. 13, 2004

Docket

Resources

Docket

Last updated March 27, 2025, 8:17 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for employment discrmination; jury demand (jlj)

Nov. 20, 1998

Nov. 20, 1998

**Set Jury Flag (jlj)

Nov. 20, 1998

Nov. 20, 1998

NOTICE OF ASSIGNMENT Magistrate Judge Jerry A. Davis (jlj)

Nov. 20, 1998

Nov. 20, 1998

2

MOTION by EEOC for Perry N. Martin to Withdraw as Attorney (dlh)

Dec. 14, 1998

Dec. 14, 1998

3

WAIVER OF SERVICE Returned Executed as to D.S. McClanahan 2/18/99 Answer due on 4/19/99 for D.S. McClanahan (jlj)

March 23, 1999

March 23, 1999

4

NOTICE OF SERVICE of pre-discovery disclosure by EEOC to D.S. McClanahan (jlj)

April 19, 1999

April 19, 1999

5

ANSWER to Complaint by D.S. McClanahan (Attorney J. Douglas Ford),; jury demand (jlj)

April 19, 1999

April 19, 1999

Case Management Conference set at 10:00 5/18/99 Location: Aberdeen before Magistrate Judge Jerry A. Davis (dlh)

April 20, 1999

April 20, 1999

6

NOTICE of Attorney Appearance for EEOC by Sharon S. Day (jlj)

May 12, 1999

May 12, 1999

7

NOTICE OF SERVICE of pre-discovery disclosure by EEOC to D.S. McClanahan (jlj)

May 12, 1999

May 12, 1999

Case Management Conference held on 5/18/99 (jlj)

May 18, 1999

May 18, 1999

9

CONSENT by EEOC, D.S. McClanahan to refer case to Magistrate Judge for trial (jlj)

May 18, 1999

May 18, 1999

10

CASE MANAGEMENT PLAN AND SCHEDULING ORDER Case Assigned to CJRA Track: Standard Scheduling Deadlines: Final Pretrial Conference for 11:00 3/2/00 in Aberdeen ; Discovery cutoff 11/30/99 ; Joining of parties,amending of pleadings by 8/30/99 ; Pla. Designation of Experts by 8/30/99 ; Dft Designation of Experts by 9/30/99 ; Motion Filing deadline on 12/15/99 ; Case Status Report due 12/30/99 . ( signed by Magistrate Judge Jerry A. Davis on 5/18/99) (jlj)

May 18, 1999

May 18, 1999

11

ORDER granting [2-1] motion for Perry N. Martin to Withdraw as Attorney (Martin not listed as attorney) (signed by Magistrate Judge Jerry A. Davis on 5/18/99) Date of Entry: 5/18/99 (jlj)

May 18, 1999

May 18, 1999

12

ORDER granting [9-1] consent motion to refer case to Magistrate Judge for trial ( signed by Chief Judge Neal B. Biggers Jr. on 5/21/99) Date of Entry: 5/24/99 (dlh)

May 25, 1999

May 25, 1999

CASE REFERRED to Magistrate Judge Jerry A. Davis for trial (dlh) (Entered: 06/03/1999)

May 25, 1999

May 25, 1999

NOTICE of VD/Jury Trial set at 9:30 3/20/00 Location: Aberdeen before Magistrate Judge Jerry A. Davis (dlh)

May 27, 1999

May 27, 1999

NOTICE of Final Pretrial Conference set at 11:00 3/2/00 Location: Aberdeen before Magistrate Judge Jerry A. Davis (dlh)

May 27, 1999

May 27, 1999

13

NOTICE OF SERVICE of interrogatories and request for production of documents by EEOC to D.S. McClanahan (dlh)

June 29, 1999

June 29, 1999

14

NOTICE OF SERVICE of response to interrogatories and requests for production of documents by D.S. McClanahan to EEOC (dlh)

July 21, 1999

July 21, 1999

15

NOTICE OF SERVICE of interrogatories and request for production by D.S. McClanahan to EEOC (jlj)

Aug. 11, 1999

Aug. 11, 1999

16

MOTION by EEOC for Joinder of party , for Leave to File amended complaint (dlh)

Aug. 16, 1999

Aug. 16, 1999

17

RESPONSE by D.S. McClanahan in opposition to [16-1] motion for Joinder of party by EEOC, [16-2] motion for Leave to File amended complaint by EEOC (dlh)

Aug. 20, 1999

Aug. 20, 1999

18

NOTICE OF SERVICE of supplemental response to interrogatories and requests for production of documents by D.S. McClanahan to EEOC (dlh)

Aug. 20, 1999

Aug. 20, 1999

19

REPLY by EEOC to response to [16-1] motion for Joinder of party by EEOC (jlj)

Aug. 23, 1999

Aug. 23, 1999

21

AMENDED COMPLAINT by EEOC (Answer due 9/3/99 for D.S. McClanahan ) amending [1-1] complaint against Kerr-McGee Chemical; jury demand (dlh)

Aug. 24, 1999

Aug. 24, 1999

22

ANSWER by D.S. McClanahan to amended complaint (dlh)

Sept. 3, 1999

Sept. 3, 1999

23

WAIVER OF SERVICE Returned Executed as to Kerr-McGee Chemical 8/27/99 Answer due on 10/26/99 for Kerr-McGee Chemical (dlh)

Sept. 16, 1999

Sept. 16, 1999

24

NOTICE of Attorney Appearance for Kerr-McGee Chemical by Carolyn Gregg Hill (dlh)

Sept. 20, 1999

Sept. 20, 1999

25

ORDER granting Franklin Davis, Willie J. Robinson, Ben Wilson, John Banks and Rocky Allen leave to intervene, the complaint in intervention shall be filed within 11 days of this order ( signed by Magistrate Judge Jerry A. Davis on 9/29/99) Date of Entry: 9/29/99 (dlh)

Sept. 29, 1999

Sept. 29, 1999

26

MOTION by Kerr-McGee Chemical to Dismiss (dlh)

Oct. 25, 1999

Oct. 25, 1999

27

Request for Reassignment to Judge W. A. Pepper Jr. and Magistrate Judge Jerry A. Davis (dlh)

Oct. 26, 1999

Oct. 26, 1999

CASE reassigned to Judge W. A. Pepper Jr. (dlh)

Oct. 26, 1999

Oct. 26, 1999

NOTICE of continuation of Final Pretrial Conference until further notice (jlj)

Nov. 1, 1999

Nov. 1, 1999

NOTICE of continuance of VD/Jury Trial until further notice (jlj)

Nov. 1, 1999

Nov. 1, 1999

28

OBJECTION by EEOC Re: [26-1] motion to Dismiss by Kerr-McGee Chemical (jlj)

Nov. 4, 1999

Nov. 4, 1999

29

NOTICE of Attorney Appearance for Kerr-McGee Chemical by J. Gordon Flowers (dlh)

Nov. 9, 1999

Nov. 9, 1999

30

AFFIDAVITS and other documents by EEOC Re: [28-1] objection by EEOC (jlj)

Nov. 10, 1999

Nov. 10, 1999

31

MOTION by Kerr-McGee Chemical to Extend Time to serve rebuttal in response to objection to Kerr-McGee's Motion to Dismiss [32-1] motion referred to Magistrate Judge Jerry A. Davis (jlj) Modified on 11/10/1999

Nov. 10, 1999

Nov. 10, 1999

32

OBJECTION by EEOC Re: [31-1] motion to Extend Time to serve rebuttal in response to objection to Kerr-McGee's Motion to Dismiss by Kerr-McGee Chemical (jlj)

Nov. 10, 1999

Nov. 10, 1999

33

ORDER granting [31-1] motion to Extend Time to serve rebuttal in response to objection to Kerr-McGee's Motion to Dismiss by 11/24/99 (signed by Judge W. A. Pepper Jr. on 11/12/99) Date of Entry: 11/16/99 (jlj)

Nov. 16, 1999

Nov. 16, 1999

34

MOTION by D.S. McClanahan to Extend Case Management Order FPTC, discovery, motions and case status report [34-1] motion referred to Magistrate Judge Jerry A. Davis (dlh)

Nov. 24, 1999

Nov. 24, 1999

34

MOTION by D.S. McClanahan to Continue trial (dlh)

Nov. 24, 1999

Nov. 24, 1999

36

NOTICE of Attorney Appearance for D.S. McClanahan by J. Douglas Ford (dlh)

Jan. 26, 2000

Jan. 26, 2000

37

ORDER, Staying Discovery until Motion to Dismiss by Kerr-McGee is ruled on ( signed by Magistrate Judge Jerry A. Davis on 2/4/00) Date of Entry: 2/4/00 (jlj)

Feb. 4, 2000

Feb. 4, 2000

38

AGREED ORDER of substitution of counsel; J. Douglas Ford is substituted as counsel for D.S. McClanahan ( signed by Magistrate Judge Jerry A. Davis on 3/17/00) Date of Entry: 3/17/00 (jlj) Modified on 03/30/2000

March 17, 2000

March 17, 2000

39

ORDER dismissing as moot [34-1] motion to Continue trial ( signed by Judge W. A. Pepper Jr. on 7/13/00) Date of Entry: 7/17/00 (jlj)

July 17, 2000

July 17, 2000

40

ORDER, Substituting Attorney; terminated attorney Sharon S. Day for EEOC Added Ermea J. Russell ( signed by Judge W. A. Pepper Jr. on 12/26/00) Date of Entry: 12/28/00 (dlh)

Dec. 28, 2000

Dec. 28, 2000

41

MOTION by EEOC to Substitute Attorney Ermea J. Russell in place of Sharon S. Day [41-1] motion referred to Magistrate Judge Jerry A. Davis (jla) (Entered: 01/04/2001)

Jan. 3, 2001

Jan. 3, 2001

42

ORDER denying [26-1] motion to Dismiss ( signed by Judge W. A. Pepper Jr. on 9/28/01) Date of Entry: 9/28/01 (mhg)

Sept. 28, 2001

Sept. 28, 2001

Deadline updated; Lifting Stay of Discovery (mhg)

Sept. 28, 2001

Sept. 28, 2001

43

ANSWER to Complaint by Kerr-McGee Chemical (dlh)

Oct. 12, 2001

Oct. 12, 2001

Telephonic Status Conference set at 3:30 11/19/01 before Magistrate Judge Jerry A. Davis (jla)

Oct. 16, 2001

Oct. 16, 2001

44

ORDER transferring and reassigning cause to Judge Michael P. Mills (signed by Judge W. A. Pepper Jr. on 11/1/01) Date of Entry: 11/5/01 (jla)

Nov. 5, 2001

Nov. 5, 2001

CASE reassigned to Judge Michael P. Mills (jla)

Nov. 5, 2001

Nov. 5, 2001

45

NOTICE OF SERVICE of pre-discovery disclosure by EEOC to D.S. McClanahan, Kerr-McGee Chemical (dlh)

Nov. 15, 2001

Nov. 15, 2001

46

AMENDED CASE MANAGEMENT PLAN AND SCHEDULING ORDER Case Assigned to CJRA Track: Complex Scheduling Deadlines: Discovery cutoff 7/19/02 ; Joining of parties,amending of pleadings by 4/19/02 ; Pla. Designation of Experts by 4/19/02 ; Dft Designation of Experts by 5/20/02 ; Motion Filing deadline on 9/2/02 ; ( signed by Magistrate Judge Jerry A. Davis on 11/15/01) (jla) Modified on 11/15/2001

Nov. 15, 2001

Nov. 15, 2001

47

NOTICE OF SERVICE of first set of interrogatories and first request for production by Kerr-McGee Chemical to EEOC (jla)

Dec. 14, 2001

Dec. 14, 2001

48

NOTICE of Attorney Appearance for EEOC by Mildred Byrd (dlh)

Dec. 26, 2001

Dec. 26, 2001

49

NOTICE of Attorney Appearance for EEOC by Charles E. Guerrier (Guerrier substituted for Jerome C. Rose) (dlh)

Dec. 26, 2001

Dec. 26, 2001

51

MOTION by EEOC to Extend Case Management Order discovery, designation of experts and motion filing deadlines [51-1] motion referred to Magistrate Judge Jerry A. Davis (jla)

Jan. 28, 2002

Jan. 28, 2002

52

NOTICE of Attorney Appearance for EEOC by Charles E. Guerrier (dlh)

March 4, 2002

March 4, 2002

NOTICE of MVD/Jury Trial reset at 9:40 12/9/02 Location: Oxford before Judge Michael P. Mills (jla)

March 13, 2002

March 13, 2002

NOTICE of Final Pretrial Conference set at 1:30 11/8/02 Location: Aberdeen before Magistrate Judge Jerry A. Davis (jla)

March 15, 2002

March 15, 2002

53

NOTICE OF SERVICE of first requests for production of documents and second set of interrogatories by EEOC to D.S. McClanahan, Kerr-McGee Chemical (dlh)

May 16, 2002

May 16, 2002

54

NOTICE by Kerr-McGee Chemical to take video deposition of Ben Wilson, Rocky Allen, Carl Ward, Brandon Ward, Homer Paster, David Robinson and Dennis Ward 5/30/02 in Columbus; Roosevelt Davis, Willie Robinson and John Banks 7/2/02 in Columbus; Richard Shelton, Kenneth Shelton, Roy Skinner, Warren Brewer, Willie Isaac and Early Jones, Sr. 7/3/02 in Columbus (jla)

May 17, 2002

May 17, 2002

55

NOTICE by Kerr-McGee Chemical to take 30(B)6 deposition of EEOC 7/2/02 in Columbus (jla)

May 17, 2002

May 17, 2002

56

AMENDED MOTION by EEOC to Extend Case Management Order discovery, motions and designation of experts referring to: [51-1] motion to Extend Case Management Order discovery, designation of experts and motion filing deadlines by EEOC [56-1] supplemental amended motion referred to Magistrate Judge Jerry A. Davis (dlh)

May 20, 2002

May 20, 2002

57

NOTICE OF SERVICE of preliminary report regarding expert by EEOC to D.S. McClanahan, Kerr-McGee Chemical (jla) (Entered: 05/21/2002)

May 20, 2002

May 20, 2002

58

NOTICE OF SERVICE of preliminary report regarding experts by EEOC to D.S. McClanahan, Kerr-McGee Chemical (dlh)

May 22, 2002

May 22, 2002

59

RESPONSE by D.S. McClanahan to [56-1] supplemental amended motion to Extend Case Management Order discovery, motions and designation of experts by EEOC (dlh) (Entered: 05/29/2002)

May 28, 2002

May 28, 2002

60

OBJECTION by Kerr-McGee Chemical Re: preliminary report regarding experts (jla)

May 30, 2002

May 30, 2002

61

RESPONSE by Kerr-McGee Chemical to [56-1] supplemental amended motion to Extend Case Management Order discovery, motions and designation of experts by EEOC (dlh)

June 3, 2002

June 3, 2002

62

NOTICE OF SERVICE of response to request for production, first request for production and first set of interrogatories by Kerr-McGee Chemical to EEOC, D.S. McClanahan (jla)

June 17, 2002

June 17, 2002

63

NOTICE by Kerr-McGee Chemical to take 30(B)6 deposition of EEOC 7/2/02 in Columbus (jla)

June 17, 2002

June 17, 2002

65

NOTICE OF SERVICE of second request for production and second set of interrogatories by Kerr-McGee Chemical to EEOC (jla)

June 21, 2002

June 21, 2002

66

NOTICE of Attorney Appearance for EEOC by Eunice Holt Morrow (jla)

July 1, 2002

July 1, 2002

67

NOTICE by EEOC to take deposition of Company representative 7/16/02 at a location to be designated (jla)

July 10, 2002

July 10, 2002

68

NOTICE by EEOC to take deposition of Company representative 7/17/02 at a location to be designated (jla)

July 10, 2002

July 10, 2002

69

MOTION by Kerr-McGee Chemical to Extend Case Management Order discovery and motions [69-1] motion referred to Magistrate Judge Jerry A. Davis (dlh)

July 12, 2002

July 12, 2002

70

MOTION by Kerr-McGee Chemical for Protective Order to quash the EEOC Notice of Deposition of KMC [70-1] motion referred to Magistrate Judge Jerry A. Davis (jla)

July 15, 2002

July 15, 2002

71

NOTICE by Kerr-McGee Chemical to take video deposition of Rocky Allen, Dennis Ward, Early Jones, Sr., Homer Paster 8/19/02; Willie Issac, Willie Robinson and Warren Brewer 8/20/02 Columbus (dlh)

July 17, 2002

July 17, 2002

72

NOTICE by Kerr-McGee Chemical to take deposition of EEOC 8/20/02 Columbus (dlh)

July 17, 2002

July 17, 2002

73

ORDER granting [69-1] motion to Extend Case Management Order discovery and motions Discovery cutoff to 9/14/02 ; Motion Filing to 9/21/02 ; ( signed by Magistrate Judge Jerry A. Davis on 7/18/02) Date of Entry: 7/18/02 (jla)

July 18, 2002

July 18, 2002

74

ORDER granting [70-1] motion for Protective Order to quash the EEOC Notice of Deposition of KMC ( signed by Magistrate Judge Jerry A. Davis on 7/18/02) Date of Entry: 7/18/02 (jla)

July 18, 2002

July 18, 2002

75

NOTICE OF SERVICE of response to first requests for admissions by D.S. McClanahan to Kerr-McGee Chemical (dlh)

Aug. 1, 2002

Aug. 1, 2002

76

NOTICE by Kerr-McGee Chemical to take 30(B)6 deposition of EEOC 8/23/02 in Columbus (jla)

Aug. 5, 2002

Aug. 5, 2002

77

RE-NOTICE by Kerr-McGee Chemical to take video deposition of Rocky Allen, Dennis Ward and Early Jones, Sr. 8/21/02; Homer Paster, Willie Issac and Warren Brewer 8/22/02; and Willie Robinson 8/23/02 all to be taken in Columbus (jla)

Aug. 5, 2002

Aug. 5, 2002

78

NOTICE OF SERVICE of second set of interrogatories and request for production by D.S. McClanahan to EEOC (jla)

Aug. 6, 2002

Aug. 6, 2002

79

NOTICE by D.S. McClanahan to take 30(B)6 deposition of EEOC 8/23/02 in Columbus (jla)

Aug. 6, 2002

Aug. 6, 2002

84

NOTICE OF SERVICE of Re-Notice of Depositions by EEOC to D.S. McClanahan, Kerr-McGee Chemical (jla) (Entered: 08/12/2002)

Aug. 8, 2002

Aug. 8, 2002

81

MOTION by Kerr-McGee Chemical for leave to conduct ex parte communications with charging parties and other claimants [81-1] motion referred to Magistrate Judge Jerry A. Davis (mhg)

Aug. 9, 2002

Aug. 9, 2002

82

MOTION by Kerr-McGee Chemical to prohibit the EEOC from asserting claims on behalf of claimants not timely disclosed [82-1] motion referred to Magistrate Judge Jerry A. Davis (mhg)

Aug. 9, 2002

Aug. 9, 2002

83

JOINDER by D.S. McClanahan in [82-1] motion to prohibit the EEOC from asserting claims on behalf of claimants not timely disclosed by Kerr-McGee Chemical (jla)

Aug. 12, 2002

Aug. 12, 2002

85

NOTICE by Kerr-McGee Chemical to take deposition of D.S. McClanahan & Sons, Inc. 8/28/02 (place to be designated later) (dlh)

Aug. 13, 2002

Aug. 13, 2002

86

NOTICE by D.S. McClanahan to take deposition of Kerr-McGee 8/29/02 Columbus (dlh)

Aug. 14, 2002

Aug. 14, 2002

87

MOTION by EEOC for Protective Order or alternatively motion to quash deposition notices [87-1] motion referred to Magistrate Judge Jerry A. Davis (dlh)

Aug. 14, 2002

Aug. 14, 2002

88

ORDER of recusal; this cause is returned to the clerk for reassignment ( signed by Judge Michael P. Mills on 8/12/02) Date of Entry: 8/14/02 (dlh)

Aug. 14, 2002

Aug. 14, 2002

CASE reassigned to Senior Judge Neal B. Biggers (dlh)

Aug. 14, 2002

Aug. 14, 2002

NOTICE OF ASSIGNMENT Senior Judge Neal B. Biggers and Magistrate Judge Jerry A. Davis (dlh)

Aug. 14, 2002

Aug. 14, 2002

Case Details

State / Territory:

Mississippi

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Nov. 20, 1998

Closing Date: Dec. 22, 2003

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

Private Entity/Person

D.S. McClanahan & Sons, Inc.

Kerr-McGee Chemical LLC

Case Details

Other Dockets:

Northern District of Mississippi 1:98-cv-00380

U.S. Court of Appeals for the Fifth Circuit 03-60800

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

Discrimination Area:

Disparate Treatment

EEOC-centric:

Direct Suit on Merits