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)

Documents in the Clearinghouse

Document

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

Last updated Aug. 10, 2022, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

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

Sept. 27, 2002

Sept. 27, 2002

2

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

Sept. 27, 2002

Sept. 27, 2002

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

Sept. 27, 2002

Sept. 27, 2002

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

Oct. 1, 2002

Oct. 1, 2002

3

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)

Oct. 4, 2002

Oct. 4, 2002

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

Oct. 4, 2002

Oct. 4, 2002

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

Oct. 4, 2002

Oct. 4, 2002

4

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)

Oct. 17, 2002

Oct. 17, 2002

5

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

Nov. 8, 2002

Nov. 8, 2002

6

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

Nov. 20, 2002

Nov. 20, 2002

7

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

Dec. 20, 2002

Dec. 20, 2002

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

Dec. 20, 2002

Dec. 20, 2002

8

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)

Jan. 9, 2003

Jan. 9, 2003

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

April 2, 2003

April 2, 2003

10

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)

April 9, 2003

April 9, 2003

11

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)

May 12, 2003

May 12, 2003

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

May 19, 2003

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)

May 19, 2003

May 19, 2003

12

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

May 19, 2003

May 19, 2003

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

May 20, 2003

May 20, 2003

13

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)

May 23, 2003

May 23, 2003

14

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)

May 27, 2003

May 27, 2003

15

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)

Aug. 7, 2003

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)

Aug. 7, 2003

Aug. 7, 2003

16

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

Sept. 9, 2003

Sept. 9, 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)

Sept. 11, 2003

Sept. 11, 2003

17

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)

Sept. 24, 2003

Sept. 24, 2003

18

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)

Nov. 26, 2003

Nov. 26, 2003

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

Nov. 26, 2003

Nov. 26, 2003

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

Jan. 6, 2004

Jan. 6, 2004

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

Channel Marker II, Inc. (Atlantic Beach, NC), Private Entity/Person

Channel Marker II, Inc. (Atlantic Beach, North Carolina), 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

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: 5000

Order Duration: 2003 - 2005

Content of Injunction:

Retaliation Prohibition

Expungement of Employment Record

Discrimination Prohibition

Provide antidiscrimination training

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Reporting

Monitoring

Issues

General:

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits