Case: EEOC v. CHANNEL MARKER II

5:02-cv-00702 | U.S. District Court for the Eastern District of North Carolina

Filed Date: Sept. 27, 2002

Closed Date: Nov. 26, 2003

Clearinghouse coding complete

Case Summary

The Charlotte District Office brought this action in the U.S. District Court for the Eastern District of North Carolina against Channel Market II, Inc. The complaint, filed in September 2002, alleged sex discrimination in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that Defendant had subjected the charging party to sexual harassment and constuctive discharge. The parties agreed to a consent judgment in November 2003.

The two-year decree, containing non-discrimination and non-retaliation clauses, required the defendant to: expunge the charging party's employment records from any references to the charge of discrimination, develop an anti-harassment policy, provide annual Title VII training for all its employees, report to the EEOC at specified intervals, post an employee notice, and pay the charging party $5,000.

Summary Authors

Elizabeth Glassman (6/14/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/11759928/parties/eeoc-v-channel-marker-ii/


Judge(s)

Howard, Malcolm Jones (North Carolina)

Documents in the Clearinghouse

Documents in this case

5:02-cv-00702

Docket

EEOC v. Channel Marker II

Jan. 6, 2004

Jan. 6, 2004

Docket
1

5:02-cv-00702

Complaint

EEOC v. Channel Marker II

Sept. 27, 2002

Sept. 27, 2002

Complaint
18

5:02-cv-00702

Consent Decree

EEOC v. Channel Marker II

Nov. 26, 2003

Nov. 26, 2003

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/11759928/eeoc-v-channel-marker-ii/

Last updated Sept. 17, 2026, 6:09 p.m.

Docket for: EEOC v. Channel Marker II
ECF Number Date Description Link
1 Sept. 27, 2002

Complaint filed - Federal Question: Employment Discrimination. JURY DEMAND. (js) (Entered: 10/01/2002)

Clearinghouse
2 Sept. 27, 2002

Notice of Lawsuit and Request for Waiver of Service of Summons filed by plaintiff EEOC (js) (Entered: 10/01/2002)

PACER
Sept. 27, 2002

(ll) (Entered: 12/30/2002)

PACER
Oct. 1, 2002

cy. of complaint to clerk for reassignment to Eastern Division. (js) (Entered: 10/01/2002)

PACER
3 Oct. 4, 2002

Order, reassigning/referring case to Judge Howard signed by D. Daniel, Clerk. Additionally, the Magistrate assignment in the case shall be changed to Magistrate Judge Louise W. Flanagan. All future pleadings should reflect the revised case no. 4:02-CV-147-H(4). served. (iw) (Entered: 10/04/2002)

PACER
Oct. 4, 2002

Case reassigned to Judge Malcolm J. Howard (iw) (Entered: 10/04/2002)

PACER
Oct. 4, 2002

File clerk to re-label file and forward to Greenville. (iw) (Entered: 10/04/2002)

PACER
4 Oct. 17, 2002

Waiver of Service Returned Executed as to Channel Marker II 10/4/02 Answer due on 12/3/02 for Channel Marker II. (dh) (Entered: 10/24/2002)

PACER
5 Nov. 8, 2002

Answer to Complaint by Channel Marker II; jury demand (ll) Modified on 11/20/2002 (Entered: 11/20/2002)

PACER
6 Nov. 20, 2002

Request for Discovery Plan: Discovery Plan due by 1/3/03 (ll) (Entered: 11/20/2002)

PACER
7 Dec. 20, 2002

Discovery Plan filed by EEOC, Channel Marker II (ll) (Entered: 12/30/2002)

PACER
Dec. 20, 2002

Case submitted to: William A. Webb, USMJ [7-1] discovery submitted for entry of scheduling order. (ll) (Entered: 12/30/2002)

PACER
8 Jan. 9, 2003

Order on Scheduling by Magistrate William A. Webb setting Discovery cutoff 9/30/03 Deadline for filing of all motions 10/30/03 before Judge Malcolm J. Howard - trial date to be set sometime February 2004. ccys served. calendar copy. (dh) (Entered: 01/09/2003)

PACER
April 2, 2003

Order setting trial date forthcoming. (dh) (Entered: 04/02/2003)

PACER
9 April 9, 2003

Order on Scheduling by Magistrate William A. Webb setting Jury Trial scheduled for 2/2/04 before Judge Malcolm J. Howard in G'ville. calendar copy & ccys served. (dh) (Entered: 04/09/2003)

10 April 9, 2003

Document filed by defendant Channel Marker II titled: Notice of Change of Counsel of Record - deft. hereby notifies the court that responsibility of this matter has been transferred to the undersigned attorneys who were formerly members of Maupin Taylor & Ellis, P.A. and are now members of Haynsworth Baldwin Johnson & Greaves, LLC. cy to Carol to update system. (dh) (Entered: 04/25/2003)

PACER
11 May 12, 2003

Motion by Channel Marker II to continue trial from Feb. 2, 2004 until April 5, 2004 or whatever date the court deems convenient , cs. (dh) (Entered: 05/19/2003)

PACER
12 May 19, 2003

Motion by EEOC to extend time to designate experts , cs. cy to Clerk with p.o. (dh) (Entered: 05/21/2003)

PACER
May 19, 2003

Motion(s) submitted: [11-1] motion to continue trial from Feb. 2, 2004 until April 5, 2004 or whatever date the court deems convenient submitted. CASE FILE TO JUDGE HOWARD FOR CONSIDERATION. (dh) (Entered: 05/19/2003)

PACER
May 19, 2003

Called counsel to advise of correct case number. (dh) (Entered: 05/19/2003)

PACER
May 20, 2003

Called Ms. Mahood's office to advise of the correct case number. (dh) (Entered: 05/20/2003)

PACER
13 May 23, 2003

Order granting [12-1] motion to extend time to designate experts to 7/15/03 for plaintiff and 8/15/03 for defendant. signed by David W. Daniel, Clerk. Cys. served. (ll) (Entered: 05/23/2003)

PACER
14 May 27, 2003

Order granting [11-1] motion to continue trial from Feb. 2, 2004 until April 5, 2004 or whatever date the court deems convenient, reset Jury trial before Judge Malcolm J. Howard for 4/5/04 signed by Malcolm J. Howard, US Judge. ccys served. Calendar copy. (dh) (Entered: 05/27/2003)

PACER
15 Aug. 7, 2003

Document filed by plaintiff EEOC titled: "Notice of Substitution of Counsel" - Bobby C. Simpson, Acting Regional Attorney is substituting for Mindy E. Weinstein, Regional Attorney. (dh) (Entered: 08/11/2003)

PACER
Aug. 7, 2003

Copy of Notice of Substitution to Carol to add attorney Bobby C. Simpson as counsel for plaitiff. (dh) (Entered: 08/11/2003)

PACER
16 Sept. 9, 2003

Joint motion by EEOC to extend time for discovery & motion filing deadline , cs. Counsel for plaintiff consents. (dh) (Entered: 09/11/2003)

PACER
Sept. 11, 2003

Motion(s) referred: referred [16-1] joint motion to extend time for discovery & motion filing deadline to USMJ William A. Webb. CASE FILE TO USMJ WEBB FOR CONSIDERATION. (dh) (Entered: 09/11/2003)

PACER
17 Sept. 24, 2003

Amended Order on Scheduling by Magistrate William A. Webb setting Discovery cutoff 11/17/03 Deadline for filing of all motions 12/17/03 Trial date for this matter shall remain unchanged. ccys served 9/24/03. (dh) (Entered: 09/27/2003)

PACER
18 Nov. 26, 2003

Consent judgment for EEOC against Channel Marker II - (see decree for details.) signed by Malcolm J. Howard, US Judge. ccys served. (dh) (Entered: 11/26/2003)

Clearinghouse
Nov. 26, 2003

Case closed. Non-Permanent. (dh) (Entered: 11/26/2003)

PACER
Jan. 6, 2004

Case file sent to Raleigh for storage. (ja) (Entered: 01/06/2004)

PACER

Case Details

State / Territory:

North Carolina

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 27, 2002

Closing Date: Nov. 26, 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

Channel Marker II, Inc.

Channel Marker II, Inc.

Case Details

Causes of Action:

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

Other Dockets:

Eastern District of North Carolina 5:02-cv-00702

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Expungement of Employment Record

Monitoring

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Retaliation Prohibition

Amount Defendant Pays: 5000

Order Duration: 2003 - 2005

Issues

Discrimination Area:

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination Basis:

Sex discrimination

Affected Sex/Gender(s):

Female

EEOC-centric:

Direct Suit on Merits

Recommended Citation