Case: EEOC v. BGS TELEMARKETING, INC.

8:02-cv-02175 | U.S. District Court for the District of Maryland

Filed Date: June 28, 2002

Closed Date: 2003

Clearinghouse coding complete

Case Summary

In June 2002, the Baltimore District Office of the EEOC brought this lawsuit against BGS Telemarketing, Inc. in the U.S. District Court for the District of Maryland. We do not have a copy of the complaint; therefore, the exact allegations involved are unknown. However, it appears from the consent decree that the complaint alleged the defendant terminated the charging party, a female employee, in retaliation for her complaints of sexual harassment in violation of Title VII of the Civil Rights …

In June 2002, the Baltimore District Office of the EEOC brought this lawsuit against BGS Telemarketing, Inc. in the U.S. District Court for the District of Maryland. We do not have a copy of the complaint; therefore, the exact allegations involved are unknown. However, it appears from the consent decree that the complaint alleged the defendant terminated the charging party, a female employee, in retaliation for her complaints of sexual harassment in violation of Title VII of the Civil Rights Act of 1964. The defendant filed a motion to dismiss in August of 2002 which was denied in February of 2003. Following a successful and unopposed partial motion for summary judgment filed by the EEOC in July 2003 and granted in August 2003, the parties settled the dispute in October 2003 through a consent decree.

The decree, based upon independent verification of the defendant's representations that its business had closed, would remain closed, and that it had no assets to be liquidated to collect a judgment, dismissed the action with reservation of the right to reinstitute litigation should the defendant reopen its business.

Summary Authors

Daisy Manning (9/29/2007)

Documents in the Clearinghouse

Document

8:02-cv-02175

Docket (PACER)

Equal Employment v. BGS Telemarketing

Oct. 1, 2003

Oct. 1, 2003

Docket
12

8:02-cv-02175

Memorandum [Regarding Defendant's Motion to Dismiss]

EEOC v. BGS Telemarketing

Feb. 5, 2003

Feb. 5, 2003

Order/Opinion
13

8:02-cv-02175

Order [Regarding Defendant's Motion to Dismiss]

EEOC v. BGS Telemarketing

Feb. 5, 2003

Feb. 5, 2003

Order/Opinion
25

8:02-cv-02175

Memorandum and Order [Regarding Plaintiff's Motion for Partial Summary Judgment]

EEOC v. BGS Telemarketing

Aug. 15, 2003

Aug. 15, 2003

Order/Opinion
28

8:02-cv-02175

Consent Decree

EEOC v. BGS Telemarketing

Oct. 1, 2003

Oct. 1, 2003

Settlement Agreement

Resources

Docket

Last updated Aug. 14, 2022, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed; (nrm, Deputy Clerk) (Entered: 07/01/2002)

June 28, 2002

June 28, 2002

1

DEMAND for jury trial by Equal Employment (nrm, Deputy Clerk) (Entered: 07/01/2002)

June 28, 2002

June 28, 2002

2

REQUEST FOR WAIVER of service as to BGS Telemarketing 7/1/02. (nrm, Deputy Clerk) (Entered: 07/01/2002)

July 1, 2002

July 1, 2002

3

CORRESPONDENCE by Equal Employment to void the notice of lawsuit and request for waiver of service and requesting Clerk to issue summons (hml, Deputy Clerk) (Entered: 07/05/2002)

July 5, 2002

July 5, 2002

4

SUMMONS(ES) (20 days) issued for BGS Telemarketing (hml, Deputy Clerk) (Entered: 07/05/2002)

July 5, 2002

July 5, 2002

5

NOTICE of attorney appearance for Equal Employment by Maria Salacuse (hml, Deputy Clerk) (Entered: 07/10/2002)

July 10, 2002

July 10, 2002

6

AMENDED COMPLAINT by Equal Employment, amending [1-1] complaint (c/s) (hml, Deputy Clerk) (Entered: 07/16/2002)

July 16, 2002

July 16, 2002

6

DEMAND for jury trial by Equal Employment (hml, Deputy Clerk) (Entered: 07/16/2002)

July 16, 2002

July 16, 2002

7

Local Rule 103.3 Certification by BGS Telemarketing (jnl, Deputy Clerk) (Entered: 08/01/2002)

Aug. 1, 2002

Aug. 1, 2002

8

RETURN OF SERVICE executed as to BGS Telemarketing 7/25/02 Answer due on 8/14/02 for BGS Telemarketing (hml, Deputy Clerk) (Entered: 08/06/2002)

Aug. 6, 2002

Aug. 6, 2002

10

RESPONSE by Equal Employment in opposition to [9-1] motion to Dismiss by BGS Telemarketing and Attachments (c/s) (hml, Deputy Clerk) (Entered: 08/29/2002)

Aug. 29, 2002

Aug. 29, 2002

11

REPLY by BGS Telemarketing to plaintiff's opposition to its [9-1] motion to Dismiss, [9-2] motion to Compel Mandatory Conciliation (c/s) (hml, Deputy Clerk) (Entered: 09/10/2002)

Sept. 10, 2002

Sept. 10, 2002

12

MEMORANDUM OPINION ( signed by Judge William M. Nickerson 2/5/03) (c/i 2/5/03) (hml, Deputy Clerk) (Entered: 02/05/2003)

Feb. 5, 2003

Feb. 5, 2003

13

ORDER denying [9-1] motion of defendant to Dismiss, denying [9-2] motion of defendant to Compel Mandatory Conciliation ( signed by Judge William M. Nickerson 2/5/03) (c/i 2/5/03) (hml, Deputy Clerk) (Entered: 02/05/2003)

Feb. 5, 2003

Feb. 5, 2003

14

SCHEDULING ORDER: Status Report due by 7/21/2003. Signed by Judge William M Nickerson on 3/10/03. (hml, Deputy Clerk) (Entered: 03/10/2003)

March 10, 2003

March 10, 2003

15

ANSWER to Amended Complaint by BGS Telemarketing, Inc. (c/s)(hml, Deputy Clerk) (Entered: 03/12/2003)

March 12, 2003

March 12, 2003

16

Local Rule 103.3 Disclosure by BGS Telemarketing. (hml, Deputy Clerk) (Entered: 03/12/2003)

March 12, 2003

March 12, 2003

17

STATUS REPORT /Joint Report by Equal Employment Opportunity Commission. (Salacuse, Maria) (Entered: 03/20/2003)

March 20, 2003

March 20, 2003

18

MOTION for Sanctions by Equal Employment Opportunity Commission. Responses due by 5/23/2003 (Attachments: # 1 Memorandum in Support of Motion# 2 Text of Proposed Order # 3 Exhibit #1# 4 Exhibit #2# 5 Exhibit #3# 6 Exhibit #4# 7 Exhibit #5# 8 Exhibit #6)(Salacuse, Maria) (Entered: 05/06/2003)

May 6, 2003

May 6, 2003

19

ORDER DIRECTING Marvin C. Alexander, Jr. to attend the deposition on set date as therein set forth. Signed by Judge William M Nickerson on 5/29/03. (hml, Deputy Clerk) (Entered: 05/29/2003)

May 29, 2003

May 29, 2003

20

Civil WARRANT issued for Marvin C. Alexander commanding his appearance for deposition on set date (hand-delivered to USMS 6/3/03) (hml, Deputy Clerk) (Entered: 06/03/2003)

June 3, 2003

June 3, 2003

21

MOTION for Partial Summary Judgment by Equal Employment Opportunity Commission. Responses due by 7/18/2003 (Attachments: # 1 Memorandum in Support of Motion for Partial Summary Judgment# 2 Appendix # 3 Table of Authorities)(Salacuse, Maria) (Entered: 07/01/2003)

July 1, 2003

July 1, 2003

22

NOTICE by Equal Employment Opportunity Commission of Filing Lengthy Exhibit (Salacuse, Maria) (Entered: 07/01/2003)

July 1, 2003

July 1, 2003

23

STATUS REPORT by BGS Telemarketing, Inc., Equal Employment Opportunity Commission. (Salacuse, Maria) (Entered: 07/21/2003)

July 21, 2003

July 21, 2003

25

ORDER granting 21 Motion of plaintiff for Partial Summary Judgment; Setting date for telephone scheduling conference. Signed by Judge William M Nickerson on 8/15/03. (hml, Deputy Clerk) (Entered: 08/15/2003)

Aug. 15, 2003

Aug. 15, 2003

Scheduling Conference held before Judge William M Nickerson (in chambers, by telephone). (mjl, Deputy Clerk) (Entered: 08/27/2003)

Aug. 27, 2003

Aug. 27, 2003

26

AMENDED SCHEDULING ORDER. Signed by Judge William M Nickerson on 8/27/03. (hml, Deputy Clerk) (Entered: 08/27/2003)

Aug. 27, 2003

Aug. 27, 2003

27

SETTLEMENT AGREEMENT /Consent Decree by BGS Telemarketing, Inc., Equal Employment Opportunity Commission. (Salacuse, Maria) (Entered: 09/30/2003)

Sept. 30, 2003

Sept. 30, 2003

28

CONSENT DECREE and approval. Signed by Judge William M Nickerson on 10/1/03. (hml, Deputy Clerk) (Entered: 10/01/2003)

Oct. 1, 2003

Oct. 1, 2003

Case Details

State / Territory: Maryland

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: June 28, 2002

Closing Date: 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

BGS Telemarketing, Inc., Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 0

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits