Case: EEOC v. Continental Conveyor & Equipment Co

7:03-cv-00295 | U.S. District Court for the Eastern District of Kentucky

Filed Date: Sept. 23, 2003

Closed Date: Oct. 13, 2006

Clearinghouse coding complete

Case Summary

In September 2003, the Louisville Area Office and Indianapolis District Office of the EEOC brought this suit against Continental Conveyor & Equipment Company in the U.S. District Court for the Eastern District of Kentucky. Specifically, the complaint alleged the defendant subjected the three charging parties, representing a class of female applicants, to sexual discrimination by failing to hire women to perform hourly floor shop work in violation of Title VII of the Civil Rights Act of 1964. Following discovery and a series of settlement conferences, the parties settled in October 2004 through a consent decree.

The two-year decree, containing agreements not to discriminate or retaliate, required the defendant to: post its anti-retaliation policy, comply with advertising and recruiting requirements, provide EEO training to its supervisors, and pay $53,000 to be divided between the three charging parties.

Summary Authors

David Friedman (9/28/2007)

Documents in the Clearinghouse

Document

7:03-cv-00295

Docket [PACER]

EEOC v. Continential Conveyer & Equipment Company

Oct. 17, 2006

Oct. 17, 2006

Docket
1

7:03-cv-00295

Complaint

EEOC v. Continental Conveyor & Equipment Company

Sept. 23, 2003

Sept. 23, 2003

Complaint
29-1

7:03-cv-00295

Consent Decree

EEOC v. Continental Conveyor and Equipment Company

Oct. 13, 2004

Oct. 13, 2004

Settlement Agreement

7:03-cv-00295

FY 2005 Annual Report on the Operations and Accomplishments of the Office of the General Counsel

EEOC v. Continental Conveyor & Equip. Co.

No Court

April 13, 2006

April 13, 2006

Press Release

Resources

Docket

Last updated Aug. 9, 2022, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT 1 summons(es)issued with copy , filed by Equal Employment Opportunity Commission. (Attachments: # 1 Summons, Civil Cover & Case Assignment Sheets)(MJY) (Entered: 09/23/2003)

Sept. 23, 2003

Sept. 23, 2003

JOINT GENERAL ORDER MAILED TO ALL COUNSEL Re: Privacy Policy Regarding Publice Access to Electronic Case Files. (MJY) Modified text on 10/3/2003 (Younce, Mary). (Entered: 10/03/2003)

Oct. 3, 2003

Oct. 3, 2003

2

SUMMONS Returned Executed by Equal Employment Opportunity Commission. Continental Conveyor & Equipment Company served on 9/30/2003 by certified mail, answer due 10/20/2003. (MJY) (Entered: 10/06/2003)

Oct. 6, 2003

Oct. 6, 2003

3

ANSWER to Complaint by dft Continental Conveyor & Equipment Company.(MJY) (Entered: 10/23/2003)

Oct. 23, 2003

Oct. 23, 2003

4

ORDER FOR MEETING AND REPORT 1) No later than 30 days parties shall conduct meeting; 2) at meeting parties shall exchange disclosures; 3) No later than 10 days after the meeting, parties shall file a written joint report Rule 26 Meeting Report due by 11/25/2003.. Signed by Judge Danny C. Reeves. (MJY)cc: COR (Entered: 10/24/2003)

Oct. 24, 2003

Oct. 24, 2003

5

Proposed Litigation Plan & Discovery Schedule by Plaintiff (MJY) (Entered: 12/02/2003)

Dec. 2, 2003

Dec. 2, 2003

6

REPORT of Rule 26(f) Planning Meeting by Defendant's (MJY) (Entered: 12/03/2003)

Dec. 3, 2003

Dec. 3, 2003

7

RULE 7.1 DISCL0SURE Statement of Defendant by Continental Conveyor & Equipment Company.(MJY) (Entered: 12/03/2003)

Dec. 3, 2003

Dec. 3, 2003

8

ORDER Scheduling Conference set for 12/22/2003 11:00 AM in London before Danny C. Reeves; Each party is directed to file a memorandum of authority in support of its position (not to exceed 4 pages in length) on or before 12/19/03. Signed by Judge Danny C. Reeves. (MJY)cc: COR (Entered: 12/05/2003)

Dec. 5, 2003

Dec. 5, 2003

9

DEFENDANT'S MEMORANDUM OF LAW on the EEOC's Duty of Good Faith Concillation 8 filed by Continental Conveyor & Equipment Company. (MJY) (Entered: 12/19/2003)

Dec. 19, 2003

Dec. 19, 2003

11

MEMORANDUM In Support of Opposition To Bifurcated Discovery to 8 filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6)(MJY) (Entered: 12/22/2003)

Dec. 19, 2003

Dec. 19, 2003

10

ORDER The Court having been advised that the US Magistrate Judge James B. Todd is available to conduct and initial mediation conference, Parties are directed to confer on available dates and contact the office of US Magistrate Judge James B. Todd to schedule a mediation in this matter to be held in Lexington, Ky . Signed by Judge Danny C. Reeves. (MJY)cc: COR (Entered: 12/22/2003)

Dec. 22, 2003

Dec. 22, 2003

12

STATUS CONFERENCE for proceedings held before Judge Danny C. Reeves : Within 15 days, parties shall file any additional documents they wish the Court to consider regarding the issue of conciliation. Additionally, the parties may, at their option, file a memorandum fo points & authorities regarding this issue within 15 days (Court Reporter Rhonda Sansom) (MJY)cc: COR (Entered: 12/22/2003)

Dec. 22, 2003

Dec. 22, 2003

13

SUPPLEMENTAL MEMORANDUM in Support of Opposition To Bifurcated Discovery 11 filed by Equal Employment Opportunity Commission. (MJY) (Entered: 01/06/2004)

Jan. 6, 2004

Jan. 6, 2004

15

MEMORANDUM AND OPINION, ORDER 1. Defendant's request for a 90 day discovery period relating to the investigation and conciliation process by the EEOC is DENIED; 2. A separate Scheduling Order establishing dates for disposition of this case will be entered this date.. Signed by Judge Danny C. Reeves. (MJY)cc: COR (Entered: 02/09/2004)

Feb. 9, 2004

Feb. 9, 2004

16

SCHEDULING ORDER 1. Supplementation of discovery due within 30 days of discovery of new information but by no later than 9/15/04; 2. No later than 7/15/04 counsel for pla disclose expert witnesses; No later than 8/15/04 counsel for dft disclose expert witnesses; 3. Discovery due by 10/15/04; 4. Pursuant to 28 USC 636(b)(1)(A) discovery disputes referred to Magistrate Judge Peggy E. Patterson; 5. ALL MOTIONS FOR EXTENSION OF TIME REGARDING DEADLIENS SET FORTH HEREIN SHALL BE REFERRED TO THE UNDERSIGNED FOR DISPOSITION; 6. Amended Pleadings or join additional parties due by 6/15/2004; 7. Dispositive Motions due by 11/15/2004; 8. Pretrial Filings due by 2/7/2005; 9. No later than 14 days prior to PTC, counsel shall premark all exhibits and provide opposing counsel copies; 10. No later than 14 days prior to PTC, counsel shall file with the clerk and submit to the Court a copy of Agreed Proposed Jury Instructions; 11. Final Pretrial Conference set for 2/21/2005 01:30 PM in Pikeville before Danny C. Reeves; 12. At least 7 days prior to PTC, counsel shall submit an agreed statement of the caes; 13. At least 7 days prior to the PTC, counsel shall file & submit a copy to the Court & opposing counsel any objections; 14. At least 7 days prior to trial counsel shall submit to Court's chambers a copy of each documentary exhibit; 15. Jury Trial set for 3/22/2005 09:00 AM in Pikeville before Danny C. Reeves; 16. Requests to modify any dates or deadlines shall be submitted upoon motion by the party or parties seeking modification; 17. Parties expected to comply with all rules, in particular LR 7.1(i); This matter is referred to Magistrate Judge Peggy E. Patterson for conducting a telephonic conference & settlement conference. . Signed by Judge Danny C. Reeves. (MJY)cc: COR, PEP (Entered: 02/09/2004)

Feb. 9, 2004

Feb. 9, 2004

17

ORDER 1. Settlement Conference set for 3/9/2004 10:00 AM in Lexington before James B Todd; 2. Before close of business on 3/4/04 plaintiff & defendant shall delover ex parte settlement statements; In addition to counsel, it is required that the parties or a person with actual settlement authority be present; The Magistrate Judge requests that a bona fide settlement negotiations commence as soon as practicaable; Statements shall not be filed; 3. The ex parte settlement conference statements & status reports shall be submitted directly ot Magistrate Judge James B. Todd by mail or fax (not to exceed 10 pages). Signed by Judge James B Todd. (MJY)cc: COR (Entered: 02/09/2004)

Feb. 9, 2004

Feb. 9, 2004

Clerk's Note: Per Judge Reeves, 3/9/04 settlement conference before Judge Todd set at the request of the parties. If this case does not settle, then Judge Patterson will continue with settlement negotiations. (See Docket Entries Nos. 16 & 17) (MJY) (Entered: 02/10/2004)

Feb. 10, 2004

Feb. 10, 2004

19

MINUTE ENTRY FORSETTLEMENT CONFERENCE held on 3/23/04 before Judge James B Todd : Settlement Conf reconvened, ptys negotiated in good faith but were unable to settle their claims. This matter shall remain on the court's docket for adjudication. (COURT REPORTER: NONE) (MCB)cc: COR (Entered: 03/26/2004)

March 25, 2004

March 25, 2004

20

ORDER 1. Telephone Conference set for 6/16/2004 03:00 PM before Peggy E Patterson. 2. Undersigned's office shall initiate call. 3. Settlement Conference set for 8/18/2004 11:00 AM in Pikeville before Peggy E Patterson. 4. Settlement conference shall be attended by lead counsel, parties & corporate/carrier representative with full settlement authority. Having a client or corporate/carrier represenetative available by phone is NOT acceptable. 5. Full Settlement Authority defined. 6. By 8/11/04 counsel submit confidential letters. 7. Confidential letters may be faxed. 8. A copy of confidential letters shall NOT served upon opposing counsel. 9. If parties have not previously exchanged settlement demands, then at least 14 days prior to the Settlement Conference, Plaintiff shall submit to Defendant a written itemizatioin of all damages & a good faith settlement demand. No later than 7 days prior, the Defendant's shall make a good faith response, in writing. A copy of written communications shall be provided to the undersigned no less than 2 days prior to the settlement conference. 10. If, 3 days prior to the Settlement conference a party learns that full compliance with this Order is not possible, counsel shall initiate a telephone confernece, 11. If deadline for expert witness disclosures has been extended or if counsel believes that adequate informantion has not yet been obtained, then counsel may request a telephone conference. 12. If a party, counsel, or corporate/carrier representative appears at the settlement conference without having complied with all requirements of this order, the court may cancel the Settlelment Conference & assess against the noncomplying party, attorney or both the fees & expenses incurred by the other parties & court's expenses as well. 13. Parties observe the following directives regarding the filing of discovery material. 14. All evidentiary depositions which will or may be used at trial shall be filed prior to the PTC before Judge Reeves.. Signed by Judge Peggy E Patterson. (MJY)cc: COR (Entered: 04/05/2004)

April 5, 2004

April 5, 2004

21

MOTION to Continue Status Conference by Equal Employment Opportunity Commission (Attachments: # 1 Proposed Order)(MJY) (Entered: 04/14/2004)

April 14, 2004

April 14, 2004

22

ORDER: Plaintiff's Motion to Continue Status Conference is GRANTED; Telephone Status Conference date changed from 6/16/04 to 6/23/2004 03:00 PM before Peggy E Patterson.re 21 . Signed by Judge Peggy E Patterson. (MJY)cc: COR (Entered: 04/20/2004)

April 19, 2004

April 19, 2004

23

MINUTE ENTRY FORTELEPHONE CONFERENCE held on 6/23/04 before Judge Peggy E Patterson: No revisions in the court's prior scheduling orders are necessary at this time. (COURT REPORTER: NO COURT REPORTER) (MJY)cc: COR (Entered: 06/23/2004)

June 23, 2004

June 23, 2004

25

ORDER: 1) Settlement Conf conducted on 8/18/2004, having resulted in settlement, all time sensitive deadlines and directives, as well as in final pre-trial conf and trial before Judge Reeves set for 2/21/05 at 1:30 PM and 3/22/05 at 9:00 AM, respectively, are all CANCELLED. 2) w/in 14 days, counsel shall submit to undersigned a copy of draft Consent Decree and confidentiality agreement on which counsel have agreed for appropriate review. Signed Judge Peggy E Patterson. (TDA)cc: COR (Entered: 08/19/2004)

Aug. 19, 2004

Aug. 19, 2004

26

AGREED ORDER: Parties shall have up to and including Friday 9/17/04 to submit their final Consent Decree and Confidentiality Agreement. Signed by Judge Peggy E Patterson. (MJY)cc: COR (Entered: 09/03/2004)

Sept. 3, 2004

Sept. 3, 2004

27

ORDER: Counsel shall submit to Judge Reeves the parties' fully signed Consent Decree & Confidentiality Agreement by no later than 10/12/04.. Signed by Judge Peggy E Patterson. (MJY)cc: COR (Entered: 09/24/2004)

Sept. 24, 2004

Sept. 24, 2004

28

CONFIDENTIALITY AGREEMENT signed by all parties (Attachments: # 1 Proposed Consent Decree)(MJY) (Entered: 10/12/2004)

Oct. 12, 2004

Oct. 12, 2004

29

CONSENT DECREE: 1. This Consent Decree shall not constitute an admission of wrongdoing or an adjudication or finding on the merits of this case against Continental; 2. Continental agrees that all of its officers, directors, employees, agents assigns and/or successors will not discriminate against any employee or applicant for employment on the basis of sex & agree to be bound by the terms of this Decree; 3. Conteniental agrees that there will be no discrimination; 4. Continental shall pay sum of $53,000.00 to Cynthia Horne, Cheryl Collingsworth & Sandy Russell; 5. Continential shall mail a copy of the check to Laurie A. Young EEOC; 6. The Term of this Decree shall be 24 months from date of entry; 7. Within 90 days, Continential shall provide a training program to all supervisory and/or management employees & upon completion, certify to the Commission the specific training that was undertaken; 8. Continential agrees to make good faith efforts to recruit & hire qualified female applicants; 9. Continential agrees to submit periodic reports to the Commission detailing compliance with this Decree; 10. Continential shall post the Notice at its Salyersville plant; 11. In the event the EEOC determines that a violation of this Decree has occurred, it will provide written notice to Continential identifying alleged violations; 12. The Commission & Continential shall each bear its own costs & attorneys fees; The EEOC, Cynthia Horne, Cheryl Collinsworth & Sandy Russell shall fully & forever release & discharge dft from any claim or obligation; 14. Continentat, Ms. Horne, Ms. Russell & Ms. Collinsworth have entered into a Confidentiality Agreement; 15. The Court will retain jurisdiction of this cause throughout the duration of this Decree for purposes of monitoring compliance with this Decree and entry of such further orders as may be necessary or appropriate. . Signed by Judge Danny C. Reeves. (MJY)cc: COR Additional attachment(s) added on 10/21/2004 (Younce, Mary). (Entered: 10/15/2004)

Oct. 13, 2004

Oct. 13, 2004

30

ORDER REASSIGNING CASE. Case reassigned to Judge Gregory M. Van Tatenhove for all further proceedings. Judge Danny C. Reeves no longer assigned to case. Signed by Judge Danny C. Reeves. (MJY)cc: COR (Entered: 01/06/2006)

Jan. 6, 2006

Jan. 6, 2006

31

ORDER: On 10/13/04, this Court entered a Consent Decree 29, and retained jurisdiction of this case "throughout the duration of this Decree for purposes of monitoring compliance with this Decree and entry of such furhter orders as may be necessary or appropriate"; By its own terms, the Consent Decree expired 24 months after its entry by the Court on 10/13/06; Accordingly, the Decree having expired, this Court no longer retains jurisdiction of this matter. ORDERED that this matter is STRICKEN from the active docket. Signed by Judge Gregory F. Van Tatenhove. (MJY)cc: COR w/noe (Entered: 10/17/2006)

Oct. 17, 2006

Oct. 17, 2006

Case Details

State / Territory: Kentucky

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

IWPR/Wage Project Consent Decree Study

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 23, 2003

Closing Date: Oct. 13, 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Continental Conveyor & Equipment Company (Salyersville, Kentucky), 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: 53000

Order Duration: 2004 - 2006

Content of Injunction:

Comply with advertising/recruiting requirements

Discrimination Prohibition

Follow recruitment, hiring, or promotion protocols

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Retaliation Prohibition

Issues

General:

Disparate Treatment

Discrimination-area:

Hiring

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits