Case: EEOC v. ALLENDALE NURSING CENTRE (d/b/a CCG ALLENDALE INC)

1:97-cv-00064 | U.S. District Court for the Western District of Michigan

Filed Date: Jan. 27, 1997

Closed Date: Oct. 1, 1998

Clearinghouse coding complete

Case Summary

In January 1997, the EEOC district office in Detroit, Michigan brought this suit against the Allendale Nursing Centre, doing business as CCG Allendale, Inc., in the U.S. District Court for the Western District of Michigan. The EEOC alleged that the defendant unlawfully discriminated against an employee on the basis of religion in violation of Title VII of the Civil Rights Act of 1964 when it terminated her because she refused to provide a Social Security number. The employee argued that becaus…

In January 1997, the EEOC district office in Detroit, Michigan brought this suit against the Allendale Nursing Centre, doing business as CCG Allendale, Inc., in the U.S. District Court for the Western District of Michigan. The EEOC alleged that the defendant unlawfully discriminated against an employee on the basis of religion in violation of Title VII of the Civil Rights Act of 1964 when it terminated her because she refused to provide a Social Security number. The employee argued that because the Bible teaches that it is wrong to steal, it would be a sin to give the Social Security Administration the ability to "steal" her money.

Both parties moved for summary judgment, and in March of 1998 the court ruled in favor of the defendant, on the grounds that the employee was required by law to obtain a Social Security number, and that the employer would be subject to penalties if it paid wages without reporting an employee's Social Security number. E.E.O.C. v. Allendale Nursing Centre, 996 F.Supp. 712 (W.D.Mich. 1998). On the court's view, "Allendale Nursing Centre is not the party with whom the Plaintiff has a dispute," and "if the Plaintiff disagrees with underlying law, it should dispute the matter with the IRS." Id. at 717.

The EEOC appealed, but the the appeal was voluntarily withdrawn.

Summary Authors

Jason Chester (7/6/2007)

Documents in the Clearinghouse

Document

1:97-cv-00064

Docket

EEOC v. Allendale Nursing

Oct. 1, 1998

Oct. 1, 1998

Docket
56

1:97-cv-00064

Opinion

EEOC v. Allendale Nursing Centre

996 F.Supp. 712

March 6, 1998

March 6, 1998

Order/Opinion

Resources

Docket

Last updated Aug. 12, 2022, 3:09 a.m.

ECF Number Description Date Link Date / Link
2

TRACK INFORMATION STATEMENT filed by pltf EEOC. Expedited track preferred (mfb) (Entered: 01/31/1997)

Jan. 27, 1997

Jan. 27, 1997

SUMMONS issued as to deft Allendale Nursing and returned to pltf's rep. (mfb) (Entered: 01/31/1997)

Jan. 27, 1997

Jan. 27, 1997

3

LETTER to court from pltf's counsel re: parties informal agreement to allow deft a two week extension of time to file answer to complaint. (gjf) (Entered: 03/06/1997)

March 5, 1997

March 5, 1997

4

ANSWER to complaint by deft w/affirmative defenses. (gjf) (Entered: 03/18/1997)

March 18, 1997

March 18, 1997

5

ORDER Scheduling Rule 16 Status Conference by Judge Robert Holmes Bell; status conf set for 1:00 p.m. on 4/22/97; joint status report to be filed three days prior to conference (4/17/97) (cc: all counsel 3/21/97) (gjf) (Entered: 03/21/1997)

March 20, 1997

March 20, 1997

6

DEMAND for Jury Trial by deft. (gjf) (Entered: 03/25/1997)

March 24, 1997

March 24, 1997

7

CHANGE OF ADDRESS notice by attorney David M. Foy (skb) (Entered: 04/02/1997)

March 31, 1997

March 31, 1997

8

JOINT STATUS REPORT filed by pltf and deft w/estimated length of trial of approximately 3-4 full days. (gjf) (Entered: 04/21/1997)

April 18, 1997

April 18, 1997

PROCEEDING before Judge Robert Holmes Bell; Rule 16 Status Conf held by telephone 4/22/97 . Case assigned to Standard Track III. Jury trial 1/20/98 at 9:00 a.m. and final pretrial before Judge Bell on 1/8/98 at 1:15 p.m. Estimated length of trial of 2-3 days. Court reporter Kevin Gaugier (gjf) (Entered: 04/23/1997)

April 22, 1997

April 22, 1997

9

CASE MANAGEMENT ORDER (5 pgs) by Judge Robert Holmes Bell; pltf's and deft's known witnesses by 7/1/97 and expert witnesses by 8/15/97; interrogatories limited to 30 single part questions; depositions limited to 8 fact witnesses per party; jury trial set for 9:00 a.m. on 1/20/98; discovery completed by 10/20/97; dispositive motion filing ddl set for 11/21/97; final pretrial conf set for 1:15 p.m. on 1/8/98 before Judge Bell; case assigned to standard track (cc: all counsel 4/23/97) (gjf) (Entered: 04/23/1997)

April 22, 1997

April 22, 1997

10

PROOF OF SERVICE by deft for first interrogatories and first request for production of documents to pltf. (gjf) (Entered: 04/25/1997)

April 24, 1997

April 24, 1997

11

PROOF OF SERVICE by deft for first request for admissions to pltf. (gjf) (Entered: 05/19/1997)

May 16, 1997

May 16, 1997

12

CERTIFICATE OF SERVICE by pltf for answers to deft's first set of interrogatories and request for documents. (gjf) (Entered: 06/06/1997)

June 5, 1997

June 5, 1997

13

NOTICE by deft of taking deposition and request for production of documents of Stephanie Rhoads on 7/9/97 at 11:00 a.m. w/proof of svc. (gjf) (Entered: 06/10/1997)

June 9, 1997

June 9, 1997

14

RE-NOTICE by deft of taking deposition and request for production of documents of Stephanie Rhoads on 7/23/97 at 11:00 a.m. w/proof of svc. (gjf) (Entered: 06/30/1997)

June 30, 1997

June 30, 1997

16

CERTIFICATE OF SERVICE by pltf for answer to deft's first set of requests for admissions. (gjf) (Entered: 07/03/1997)

July 2, 1997

July 2, 1997

17

FACT WITNESS LIST submitted by deft w/proof of svc. (gjf) (Entered: 07/03/1997)

July 3, 1997

July 3, 1997

18

FIRST WITNESS LIST submitted by pltf w/certificate of svc. (gjf) (Entered: 07/08/1997)

July 7, 1997

July 7, 1997

19

RE-NOTICE by deft of taking deposition of Stephanie Rhoads and request for production of documents on 8/7/97 at 11:00 a.m. w/proof of svc. (gjf) (Entered: 08/01/1997)

July 31, 1997

July 31, 1997

20

PROOF OF SERVICE by pltf for first set of interrogatories and requests for production of documents (dsc) (Entered: 08/21/1997)

Aug. 20, 1997

Aug. 20, 1997

21

PROOF OF SERVICE by pltf for answer to deft's second request for documents (dsc) (Entered: 08/21/1997)

Aug. 20, 1997

Aug. 20, 1997

22

NOTICE by pltf of taking depositions of Carol VanPutten on 10/1/97 at 10:00 a.m.; Patricia Door on 10/2/97 at 10:00 a.m.; Debra Kanaar on 10/3/97 at 10:00 a.m. and Robert Schmidt on 10/3/97 at 11:30 a.m. w/certificate of svc. (gjf) (Entered: 09/09/1997)

Sept. 9, 1997

Sept. 9, 1997

23

AMENDMENT by deft to fact witness list [17-1] w/proof of svc. (gjf) (Entered: 10/22/1997)

Oct. 22, 1997

Oct. 22, 1997

24

PROOF OF SERVICE by deft for request to admit directed to pltf. (gjf) (Entered: 10/22/1997)

Oct. 22, 1997

Oct. 22, 1997

25

PROOF OF SERVICE by deft for responses to pltf's first request for admissions. (gjf) (Entered: 10/23/1997)

Oct. 23, 1997

Oct. 23, 1997

26

RE-NOTICE by deft of taking deposition of Stephanie Rhoads on 10/30/97 at 10:00 a.m. w/proof of svc. (gjf) (Entered: 10/23/1997)

Oct. 23, 1997

Oct. 23, 1997

27

PROOF OF SERVICE by deft for responses to pltf's first interrogatories and requests for production of documents. (gjf) (Entered: 10/30/1997)

Oct. 30, 1997

Oct. 30, 1997

28

PROOF OF SERVICE by deft for notice of deposition of Tom Boehm and request for production of documents. (gjf) (Entered: 10/30/1997)

Oct. 30, 1997

Oct. 30, 1997

29

NOTICE by pltf of taking deposition of Robert Schmidt at 10:00 a.m. & Debra Kanaar at 2:00 p.m. on 11/12/97 and Kurt Alter at 10:00 a.m. & Margo Duba at 2:00 p.m. on 11/13/97 w/certificate of svc. (gjf) Modified on 11/06/1997 (Entered: 11/06/1997)

Nov. 6, 1997

Nov. 6, 1997

30

NOTICE by pltf of taking deposition of Patricia Door at 9:30 a.m. & Barbara Jackson at 2:30 p.m. on 11/5/97 and Carol Jones at 9:30 a.m. on 11/6/97 w/certificate of svc. (gjf) (Entered: 11/06/1997)

Nov. 6, 1997

Nov. 6, 1997

31

PROOF OF SERVICE by deft for third request for production of documents (gjf) (Entered: 11/07/1997)

Nov. 7, 1997

Nov. 7, 1997

33

BRIEF IN SUPPORT by deft of motion for partial summary judgment [32-1] w/exhibits A-I (gjf) (Entered: 11/20/1997)

Nov. 20, 1997

Nov. 20, 1997

34

PROOF OF SERVICE by deft for pleadings 32 & 33 (gjf) (Entered: 11/20/1997)

Nov. 20, 1997

Nov. 20, 1997

35

MOTION by pltf for partial summary judgment w/brief in support and attachments (gjf) (Entered: 11/24/1997)

Nov. 24, 1997

Nov. 24, 1997

36

SCHEDULING ORDER (1 pg) by Judge Robert Holmes Bell; setting oral argument on cross-motions for partial summary judgment [35-1] & [32-1] at 2:00 p.m. on 1/9/98. Final pretrial conference rescheduled to 1:00 p.m. on 2/3/98; jury trial rescheduled to 9:00 a.m. on 2/17/98 (cc: all counsel) (gjf) (Entered: 11/26/1997)

Nov. 26, 1997

Nov. 26, 1997

37

CERTIFICATE OF SERVICE by pltf for answer to deft's second set of requests for admissions to pltf (gjf) (Entered: 12/04/1997)

Dec. 3, 1997

Dec. 3, 1997

38

CERTIFICATE OF SERVICE by pltf for motion for partial summary judgment and brief in support (gjf) (Entered: 12/04/1997)

Dec. 3, 1997

Dec. 3, 1997

39

CERTIFICATE OF SERVICE by pltf for answers to deft's third set requests for production of documents (gjf) (Entered: 12/04/1997)

Dec. 3, 1997

Dec. 3, 1997

40

PROOF OF SERVICE by deft for supplemental responses to pltf's first interrogatories, supplemental responses to pltf's first request for admissions and second supplemental responses to pltf's first interrogatories (gjf) (Entered: 12/09/1997)

Dec. 8, 1997

Dec. 8, 1997

41

NOTICE by pltf of taking deposition of Daniel Pierce on 11/14/97 at 10:00 a.m. w/certificate of svc (gjf) (Entered: 12/09/1997)

Dec. 8, 1997

Dec. 8, 1997

42

MOTION by deft for extension of briefing schedule and to adjourn the dates listed in the 11/24/97 scheduling order w/brief in support, notice of hearing at a date and time to be set by the court, proof of svc and PROPOSED order (gjf) (Entered: 12/12/1997)

Dec. 11, 1997

Dec. 11, 1997

43

NOTICE by deft of concurrence sought for motion pursuant to LR 27(d) (gjf) (Entered: 12/12/1997)

Dec. 11, 1997

Dec. 11, 1997

44

ORDER (2 pgs) by Judge Robert Holmes Bell; granting joint motion for extension of briefing schedule and to adjourn the dates listed in the 11/24/97 scheduling order [42-1]. Deft's and pltf's responses to motions for partial summary judgment [35-1] & [32-1] by 1/22/98 and hearing set for 1:00 p.m. on 2/10/98 . Reply briefs in support of motions for partial summary judgment by 2/5/98. Pretrial conference rescheduled to 1:00 p.m. on 3/12/98 and Jury trial rescheduled to 9:00 a.m. on 3/23/98 (cc: all counsel) (gjf) (Entered: 12/15/1997)

Dec. 15, 1997

Dec. 15, 1997

45

SECOND AMENDMENT TO FACT WITNESS LIST submitted by deft w/proof of svc (gjf) (Entered: 12/19/1997)

Dec. 19, 1997

Dec. 19, 1997

46

MOTION by pltf to extend briefing schedule and hearing date on pltf and deft's motions for partial summary judgment w/brief in support, attachment and certificate of svc (gjf) (Entered: 01/23/1998)

Jan. 22, 1998

Jan. 22, 1998

48

CROSS-MOTION by deft for summary judgment (gjf) (Entered: 01/30/1998)

Jan. 30, 1998

Jan. 30, 1998

49

BRIEF IN OPPOSITION by deft to pltf's motion for partial summary judgment [35-1] and in support of its cross-motion for summary judgment w/attachments 1-15 (gjf) (Entered: 01/30/1998)

Jan. 30, 1998

Jan. 30, 1998

49

BRIEF by deft in support of cross-motion for summary judgment [48-1] (incorporated in brief in opposition) (gjf) (Entered: 01/30/1998)

Jan. 30, 1998

Jan. 30, 1998

50

PROOF OF SERVICE by deft for pleadings 48 & 49 (gjf) (Entered: 01/30/1998)

Jan. 30, 1998

Jan. 30, 1998

51

BRIEF IN RESPONSE by pltf to deft's motion for partial summary judgment [32-1] w/exhibits A&B and certificate of svc (gjf) (Entered: 02/09/1998)

Feb. 6, 1998

Feb. 6, 1998

52

BRIEF IN REPLY by deft to pltf's response to deft's motion for partial summary judgment [32-1] w/afdvt of Carol Jones and proof of svc (gjf) (Entered: 02/19/1998)

Feb. 19, 1998

Feb. 19, 1998

53

RESPONSE by pltf to deft's cross-motion for summary judgment [48-1] and reply to deft's response to pltf's motion for summary judgment w/attachments (gjf) (Entered: 02/20/1998)

Feb. 20, 1998

Feb. 20, 1998

53

REPLY by pltf to deft's response to pltf's motion for summary judgment [35-1] (incorporated in response to deft's cross-motion for summary judgment) (gjf) (Entered: 02/20/1998)

Feb. 20, 1998

Feb. 20, 1998

54

MOTION by pltf to strike deft's cross-motion for summary judgment and brief in support (gjf) (Entered: 02/20/1998)

Feb. 20, 1998

Feb. 20, 1998

55

MOTION by pltf to strike afdvt of Steve Armstrong and brief in support w/attached copy of afdvt (gjf) (Entered: 02/20/1998)

Feb. 20, 1998

Feb. 20, 1998

PROCEEDING before Judge Robert Holmes Bell; re motion for summary judgment [48-1], motion for partial summary judgment [35-1] and motion for partial summary judgment [32-1]. Matters taken under advisement. Court reporter Kevin Gaugier (gjf) (Entered: 03/02/1998)

Feb. 24, 1998

Feb. 24, 1998

56

OPINION (14 pgs) by Judge Robert Holmes Bell (cc: all counsel 3/9/98) (gjf) (Entered: 03/09/1998)

March 6, 1998

March 6, 1998

57

ORDER AND JUDGMENT: (1 pg) by Judge Robert Holmes Bell; denying pltf's motion to strike afdvt of Steve Armstrong and brief in support [55-1], denying pltf's motion to strike deft's cross-motion for summary judgment and brief in support [54-1], granting deft's motion for summary judgment [48-1], denying pltf's motion for partial summary judgment [35-1], denying pltf's motion for partial summary judgment [32-1] and terminating case (cc: all counsel 3/9/98) (gjf) (Entered: 03/09/1998)

March 6, 1998

March 6, 1998

59

BRIEF IN SUPPORT by deft of its motion for attorneys fees and costs [58-1] w/attachments 1-11 (gjf) (Entered: 03/20/1998)

March 19, 1998

March 19, 1998

60

PROOF OF SERVICE by deft for pleadings 58 & 59 (gjf) (Entered: 03/20/1998)

March 19, 1998

March 19, 1998

61

AMENDED PROOF OF SERVICE by deft for pldgs #58 & #59 (mfb) (Entered: 03/24/1998)

March 23, 1998

March 23, 1998

62

RESPONSE by pltf to deft's motion for attorneys fees and costs [58-1] w/attachments (gjf) (Entered: 04/03/1998)

April 2, 1998

April 2, 1998

63

CERTIFICATE OF SERVICE by pltf for response to deft's motion for atty fees and costs (gjf) (Entered: 04/06/1998)

April 6, 1998

April 6, 1998

64

REPLY BRIEF by deft in support of motion for attorneys fees and costs [58-1] w/oral argument requested and attachments 1 & 2 (gjf) (Entered: 04/20/1998)

April 20, 1998

April 20, 1998

65

NOTICE OF APPEAL to Circuit Court by pltf [57-2] of decision entered on 3/6/98 (gjf) (Entered: 05/04/1998)

May 4, 1998

May 4, 1998

66

OPINION (5 pgs) by Judge Robert Holmes Bell (cc: all counsel 5/5/98) (gjf) (Entered: 05/05/1998)

May 4, 1998

May 4, 1998

67

ORDER (1 pg) by Judge Robert Holmes Bell; granting deft's motion for attorneys fees in the amount of $12,304.00 and costs in the amount of $3,289.09 [58-1] (cc: all counsel 5/5/98) (gjf) (Entered: 05/05/1998)

May 4, 1998

May 4, 1998

MAILED information copies to CCA consisting of Notice of Appeal [65-1], docket sheet and opinion [56-1] & order and judgment [57-1] (cc: District Judge, court reporter and all counsel) (gjf) (Entered: 05/06/1998)

May 6, 1998

May 6, 1998

68

TRANSMISSION FORM showing notice of appeal [65-1] filed by CCA on 5/13/98 and assigned CCA 98-1544 (gjf) (Entered: 05/18/1998)

May 18, 1998

May 18, 1998

69

NOTICE OF APPEAL to Circuit Court by pltf EEOC [67-1] decision entered on 5/4/98 (ghl) (Entered: 05/26/1998)

May 26, 1998

May 26, 1998

MAILED information copies to CCA consisting of Notice of Appeal [69-1] , docket sheet and # 67 Order, Opinion # 66 (cc: District Judge and all counsel) (ghl) (Entered: 05/26/1998)

May 26, 1998

May 26, 1998

70

TRANSMISSION FORM showing notice of appeal [69-1] filed by CCA on 5/28/98 and assigned CCA 98-1544 (ghl) (Entered: 06/01/1998)

June 1, 1998

June 1, 1998

71

TRANSCRIPT of oral argument re: cross-motions for summary judgment held 2/24/98 before Judge Robert Holmes Bell; transcribed by Kevin Gaugier (gjf) (Entered: 06/23/1998)

June 23, 1998

June 23, 1998

72

ORDER from CCA; re: CCA # 98-1544;98-1633 dismissing the appeal [69-1] dismissing the appeal [65-1] ; 1/29/99 as to deft Allendale Nursing Centre, in accordance with Rule 18, Rules of the Sixth Circuit, and upon consideration of the stipulation of the parties to voluntarily dismiss the appeal pursuant to 42(b),FRAP. (ghl) (Entered: 10/02/1998)

Oct. 1, 1998

Oct. 1, 1998

Case Details

State / Territory: Michigan

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Jan. 27, 1997

Closing Date: Oct. 1, 1998

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

Allendale Nursing Centre, Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Disparate Treatment

Discrimination-area:

Accommodation / Leave

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Religion discrimination

EEOC-centric:

Direct Suit on Merits