Case: EEOC v. Newnan Trading Company

1:01-cv-01062 | U.S. District Court for the Northern District of Georgia

Filed Date: April 24, 2001

Closed Date: 2004

Clearinghouse coding complete

Case Summary

On April 24, 2001, the Atlanta office of the Equal Employment Opportunity Commission filed a lawsuit under Title VII against Newnan Trading Corporation in the U.S. District Court for the Northern District of Georgia. The EEOC alleged that the defendants had violated the rights of the complainant, who intervened as a plaintiff in this lawsuit, by subjecting her to sexual harassment and gender discrimination when they fired her for refusing to comply with their restroom/break room pass rules. W…

On April 24, 2001, the Atlanta office of the Equal Employment Opportunity Commission filed a lawsuit under Title VII against Newnan Trading Corporation in the U.S. District Court for the Northern District of Georgia. The EEOC alleged that the defendants had violated the rights of the complainant, who intervened as a plaintiff in this lawsuit, by subjecting her to sexual harassment and gender discrimination when they fired her for refusing to comply with their restroom/break room pass rules. We don't have a copy of the complaints in this case.

On October 22, 2003, the plaintiff/intervenor filed a motion to have her sexual harassment claim dismissed with prejudice, and the court granted that motion on October 30, 2003. On February 5, 2004, the magistrate judge filed a report, recommending that the district court grant summary judgment against the EEOC and the plaintiff/intervenor. On April 27, 2004, the district court approved the magistrate's report and granted summary judgment against the EEOC and the plaintiff intervenor, dismissing the case.

On May 10, 2004, the plaintiffs asked the district court to reconsider the court's judgment, but on July 6, 2004, the district court denied the motion for reconsideration.

Summary Authors

Kristen Sagar (2/19/2008)

People


Judge(s)

Walker, Linda T. (Georgia)

Judge(s)

Walker, Linda T. (Georgia)

Documents in the Clearinghouse

Document

Docket (PACER)

EEOC v. Newnan Trading

Feb. 25, 2005 Docket
73

Order Dismissing Plaintiff/Intervenor's Sexual Harassment Claim with Prejudice

EEOC v. Newnan Trading

Oct. 30, 2003 Order/Opinion
113

Order for Service of Report and Recommendation

EEOC v. Newnan Trading

Feb. 5, 2004 Order/Opinion
134

Order

EEOC v. Newnan Trading

April 27, 2004 Order/Opinion
136

Judgment

EEOC v. Newnan Trading

April 28, 2004 Order/Opinion

Resources

Title Description External URL

Judicial Independence, Employment Discrimination Studies Funded

Ann Nicholson

This brief article describes the Clearinghouse's award of $12,000 to build its collection of employment discrimination class actions brought by private plaintiffs. Nov. 1, 2008 https://law.wustl.edu/...

Under the Radar: Visibility and the Effects of Discrimination Lawsuits in Small and Large Firms

Carly Knight, Frank Dobbin, Alexandra Kalev

Research on how discrimination lawsuits affect corporate diversity has yielded mixed results. Qualitative studies highlight the limited efficacy of lawsuits in the typical workplace, finding that lit… April 1, 2022 https://cris.tau.ac.il/...

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
2

ANSWERS TO INITIAL DISCLOSURES by plaintiff (lme) (Entered: 04/30/2001)

April 24, 2001

CASE REFERRED to Mag Judge Linda T. Walker (Calendar sheets forwarded and notice sent to parties.) (lme) (Entered: 04/30/2001)

April 24, 2001
3

MOTION by Proposed Intervenor Marcia Garcia to intervene with proposed complaint, order and answers to mandatory disclosures. (crc) Modified on 06/06/2001 (Entered: 06/06/2001)

June 4, 2001
4

Joint MOTION to add pla/intervenor and for scheduling with proposed consent order. (to LTW) (crc) (Entered: 06/19/2001)

June 18, 2001
5

ORDER by Mag Judge Linda T. Walker GRANTING [4-1] joint motion to add pla/intervenor and for scheduling. See order for details. Answer due 7/20/01 for Newnan Trading (cc) (crc) (Entered: 06/22/2001)

June 21, 2001

ENDORSED ORDER by Mag Judge Linda T. Walker GRANTING [3-1] motion to intervene per order of 06/21/01 (cc) (crc) (Entered: 06/22/2001)

June 21, 2001
6

Intervenor's complaint by Maria Garica against defendant Newnan Trading (crc) Modified on 06/26/2001 (Entered: 06/22/2001)

June 21, 2001
7

ANSWERS TO INITIAL DISCLOSURES by intervenor Marcia Garcia (crc) (Entered: 06/22/2001)

June 21, 2001
8

Amended Intervenor's complaint by Marcia Garcia against defendant Newnan Trading (crc) (Entered: 06/26/2001)

June 22, 2001
9

Joint MOTION to extend time to respond to [8-1] intervenor complaint thru 08/03/01 with proposed order. (to LTW) (crc) (Entered: 07/19/2001)

July 17, 2001
10

ORDER by Mag Judge Linda T. Walker GRANTING [9-1] joint motion to extend time to respond to [8-1] intervenor complaint thru 08/03/01, Answer due 8/3/01 for Newnan Trading (cc) (crc) (Entered: 07/25/2001)

July 24, 2001
11

ANSWER by defendant Newnan Trading to complaint [1-1] Discovery ends 12/31/01 (crc) (Entered: 08/06/2001)

Aug. 3, 2001
12

ANSWER by defendant Newnan Trading to intervenor's amended complaint [8-1] and intervenor's complaint [6-1] (crc) (Entered: 08/06/2001)

Aug. 3, 2001
13

Plaintiff Intervenor's CONSENT jurisdiction by magistrate judge. (To judge). (ck) (Entered: 08/21/2001)

Aug. 20, 2001

ENDORSED ORDER by Judge Thomas W. Thrash APPROVING [13-1] Magistrate consent (cc) (crc) (Entered: 08/28/2001)

Aug. 24, 2001

Completed referral to Mag Judge Linda T. Walker (crc) (Entered: 08/28/2001)

Aug. 24, 2001

Case reassigned to Mag Judge Linda T. Walker . Calendar sheets forwarded and notice mailed to counsel. (crc) (Entered: 08/28/2001)

Aug. 24, 2001
15

ORDER by Judge Thomas W. Thrash GRANTING [14-1] joint motion to rescind referral (cc) (crc) (Entered: 09/11/2001)

Sept. 7, 2001

Case assigned to Judge Thomas W. Thrash. (crc) (Entered: 09/11/2001)

Sept. 7, 2001

CASE REFERRED to Mag Judge Linda T. Walker (Calendar sheets forwarded) (crc) (Entered: 09/11/2001)

Sept. 7, 2001
16

ANSWERS TO INITIAL DISCLOSURES by defendant (crc) (Entered: 10/01/2001)

Sept. 28, 2001
17

Preliminary Report and Discovery Schedule. (to mag) (crc) (Entered: 10/03/2001)

Oct. 2, 2001

ENDORSED ORDER by Mag Judge Linda T. Walker APPROVING [17-1] preliminary statement (cc) (crc) (Entered: 10/12/2001)

Oct. 10, 2001
18

Scheduling ORDER by Mag Judge Linda T. Walker, Discovery ends 12/31/01 , motions for sum jgm are due on 1/21/02. If no sum jgm then, pre-trial order due on 1/31/02 . If no sum jgm or PTO filed, [18-1] order to be submitted on 2/4/02 (cc) (crc) (Entered: 10/12/2001)

Oct. 10, 2001
19

Attorney appearance for plaintiff EEOC by Amy Elizabeth Loggins (crc) (Entered: 12/05/2001)

Dec. 3, 2001
20

Consent MOTION to extend time for discovery thru 2/15/2 with proposed order. (to LTW) (crc) (Entered: 12/07/2001)

Dec. 6, 2001
21

CONSENT ORDER by Mag Judge Linda T. Walker GRANTING [20-1] joint motion to extend time for discovery thru 2/15/2, Discovery ends 2/15/02 (cc) (crc) (Entered: 12/13/2001)

Dec. 12, 2001

Proposed Consent protective order (to LTW) . (crc) (Entered: 12/14/2001)

Dec. 13, 2001
22

Consent PROTECTIVE ORDER ENTERED. (crc) (Entered: 12/19/2001)

Dec. 18, 2001
23

Consent MOTION to extend time for discovery thru 4/12/2 with proposed order. (to LTW) (crc) Modified on 02/21/2002 (Entered: 02/15/2002)

Feb. 14, 2002
24

Certification of Consent to Substitution of Counsel for plaintiff Equal Employment . Steven Mark Tapper replacing attorney James Douglas Macy for Equal Employment . (crc) (Entered: 02/19/2002)

Feb. 15, 2002
25

Certification of Consent to Substitution of Counsel for plaintiff Equal Employment . S. Robert Royal and Steven Tapper replacing James D. Macy. (crc) (Entered: 02/20/2002)

Feb. 19, 2002
26

CONSENT ORDER by Mag Judge Linda T. Walker GRANTING [23-1] joint motion to extend time for discovery thru 4/12/2, Discovery ends 4/12/02 (cc) (crc) (Entered: 02/21/2002)

Feb. 20, 2002
27

MOTION by plaintiff to compel discovery responses , to extend time for discovery for 45 days after the entry of order and for sanctions with brief in support. (crc) (Entered: 04/15/2002)

April 12, 2002
29

CONSENT ORDER by Mag Judge Linda T. Walker GRANTING [28-1] joint motion to extend time for discovery thru 6/12/2, Discovery ends 6/12/02 (cc) (crc) (Entered: 04/18/2002)

April 17, 2002
30

Joint MOTION to extend time to respond to [27-1] motion to compel discovery responses thru 5/9/2 with proposed order. (to LTW) (crc) (Entered: 05/01/2002)

April 29, 2002

SUBMITTED to Mag Judge Linda T. Walker on [27-1] motion to compel discovery responses, [27-2] motion to extend time for discovery for 45 days after the entry of order, [27-3] motion for sanctions (crc) Modified on 05/24/2002 (Entered: 05/13/2002)

May 24, 2002
31

Withdrawal without prejudice of [27-1] motion to compel discovery responses, [27-2] motion to extend time for discovery for 45 days after the entry of order, [27-3] motion for sanctions (crc) (Entered: 05/29/2002)

May 28, 2002
32

ORDER by Mag Judge Linda T. Walker denying as moot the [30-1] joint motion to extend time to respond to [27-1] motion to compel discovery responses thru 5/9/2 by Marcia Garcia, Newnan Trading, Equal Employment (cc) (crc) (Entered: 06/05/2002)

June 4, 2002
33

MOTION by plaintiff to extend time for discovery with brief in support and proposed order. (crc) (Entered: 06/13/2002)

June 12, 2002
34

MOTION by defendant Newnan Trading to compel with brief in support. (crc) (Entered: 06/13/2002)

June 12, 2002
35

Certificate of Good Faith Attempt to resolve discovery dispute by defendant Newnan Trading. (crc) (Entered: 06/17/2002)

June 14, 2002
36

Brief by defendant Newnan Trading to [33-1] motion to extend time for discovery, and .... (crc) (Entered: 06/27/2002)

June 26, 2002
36

MOTION by defendant Newnan Trading for scheduling conference , and to extend time to file sum jgm for 20 days after denying order to extend time for discovery with brief in support. (crc) (Entered: 06/27/2002)

June 26, 2002
37

Response by plaintiff to [34-1] motion to compel (crc) Modified on 07/22/2002 (Entered: 07/02/2002)

July 1, 2002
38

Supplemental Exhibit by plaintiff to response to [34-1] motion to compel (crc) (Entered: 07/05/2002)

July 3, 2002

SUBMITTED to Mag Judge Linda T. Walker on [33-1] motion to extend time for discovery, [34-1] motion to compel. (File in chambers.) (crc) (Entered: 07/08/2002)

July 8, 2002
39

Response by plaintiff to [36-1] motion for scheduling conference, [36-2] motion to extend time to file sum jgm for 20 days after denying order to extend time for discovery, (crc) (Entered: 07/22/2002)

July 15, 2002

SUBMITTED to Mag Judge Linda T. Walker on [36-1] motion for scheduling conference, [36-2] motion to extend time to file sum jgm for 20 days after denying order to extend time for discovery. (File in chambers.) (crc) (Entered: 07/19/2002)

July 19, 2002
40

MOTION by plaintiff to entry upon land for inspection and other purposes (crc) (Entered: 07/26/2002)

July 25, 2002

SUBMITTED to Mag Judge Linda T. Walker on [40-1] motion to entry upon land for inspection and other purposes. (File in chambers.) (crc) (Entered: 08/15/2002)

Aug. 15, 2002
41

ORDER by Mag Judge Linda T. Walker GRANTING [40-1] motion to entry upon land for inspection and other purposes (cc) (crc) (Entered: 09/05/2002)

Sept. 4, 2002
42

Joint MOTION to rescind order with proposed order. (to LTW) (crc) (Entered: 09/23/2002)

Sept. 16, 2002
43

ORDER by Mag Judge Linda T. Walker, setting discovery conference for 10:30 on 11/18/02, 16th floor, courtroom 5 (cc by Mag CRD) (crc) (Entered: 10/29/2002)

Oct. 25, 2002
44

Motion HEARING HELD on 11/18/02 before Mag Judge Linda T. Walker, GRANTING [33-1] motion to extend time for discovery, [34-1] motion to compel by Newnan Trading, [36-1] motion scheduling conference is now MOOT as hrg was held, GRANTING [36-2] motion to extend time to file sum jgm for 20 days after denying order to extend time for discovery; motions are now due 03/31/03, and GRANTING [42-1] joint motion to rescind order. Discovery ends 3/1/03 . (cc) (slc) (Entered: 11/20/2002)

Nov. 18, 2002
45

Motion by plaintiff Equal Employment for leave of absence of Amy Elizabeth Loggins for 12 weeks (to LTW) (daf) (Entered: 03/13/2003)

March 12, 2003
46

ORDER by Judge Thomas W. Thrash GRANTING [45-1] absence for leave for leave of absence of Amy Elizabeth Loggins for 12 weeks beginning approximately 4/1/03. (cc) (daf) (Entered: 03/20/2003)

March 18, 2003
47

MOTION by defendant to delineate the members of the class of plaintiffs for whom plaintiff EEOC can seek relief with brief in support. (daf) (Entered: 04/02/2003)

March 31, 2003
48

Joint MOTION to extend time to file dispositive motions for ten days after court's ruling on [47-1] motion to delineate the members of the class of plaintiffs for whom plaintiff EEOC can seek relief with proposed order. (to LTW) (daf) (Entered: 04/02/2003)

March 31, 2003
49

ORDER by Mag Judge Linda T. Walker GRANTING [48-1] joint motion to extend time to file dispositive motions for ten days after court's ruling on [47-1] motion to delineate the members of the class of plaintiffs for whom plaintiff EEOC can seek relief. (cc) (daf) (Entered: 04/07/2003)

April 4, 2003
50

Consent MOTION to extend time to respond to [47-1] motion to delineate the members of the class of plaintiffs for whom plaintiff EEOC can seek relief thru 05/05/0 3 with proposed order. (to LTW) (crc) (Entered: 04/17/2003)

April 16, 2003
51

ORDER by Mag Judge Linda T. Walker GRANTING [50-1] joint motion to extend time to respond to [47-1] motion to delineate the members of the class of plaintiffs for whom plaintiff EEOC can seek relief thru 05/05/03, [47-1] motion to delineate the members of the class of plaintiffs for whom plaintiff EEOC can seek relief to be submitted on 5/6/03 (cc) (crc) (Entered: 04/23/2003)

April 22, 2003
52

Response by plaintiff to [47-1] motion to delineate the members of the class of plaintiffs for whom plaintiff EEOC can seek relief (crc) (Entered: 05/06/2003)

May 5, 2003
53

Notice of filing original discovery and request to file original discovery to dft and plaintiff intervenor by plaintiff. (crc) (Entered: 05/06/2003)

May 5, 2003
54

Deposition of ROSA GARCIA taken for plaintiff (crc) (Entered: 05/06/2003)

May 5, 2003
55

Notice of filing discovery by Marcia Garcia . (bsm) (Entered: 05/12/2003)

May 9, 2003
56

Deposition of GAUDENCIA HERNANDEZ taken for Marcia Garcia (bsm) (Entered: 05/12/2003)

May 9, 2003

SUBMITTED to Mag Judge Linda T. Walker on [47-1] motion to delineate the members of the class of plaintiffs for whom plaintiff EEOC can seek relief (crc) (Entered: 05/19/2003)

May 19, 2003
57

Consent MOTION to extend time to file reply brief [47-1] motion to delineate the members of the class of plaintiffs for whom plaintiff EEOC can seek relief thru 06/11/03 with proposed order. (to LTW) (crc) (Entered: 05/23/2003)

May 22, 2003
58

Notice of original discovery by defendant Newnan Trading . (crc) (Entered: 05/27/2003)

May 22, 2003
59

Deposition of MARIA GARCIA RODRIGUEZ taken for defendant (crc) (Entered: 05/27/2003)

May 22, 2003
60

ORDER by Mag Judge Linda T. Walker GRANTING [57-1] joint motion to extend time to file reply brief [47-1] motion to delineate the members of the class of plaintiffs for whom plaintiff EEOC can seek relief thru 06/11/03, [47-1] motion to delineate the members of the class of plaintiffs for whom plaintiff EEOC can seek relief to be submitted on 6/12/03 (cc) (crc) (Entered: 06/03/2003)

May 30, 2003
61

Reply brief to [47-1] motion to delineate the members of the class of plaintiffs for whom plaintiff EEOC can seek relief by defendant. (ck) (Entered: 06/12/2003)

June 11, 2003
62

Notice of filing original discovery by defendant. (als) (Entered: 06/12/2003)

June 12, 2003
63

Deposition of JOSE' M. GIROT taken for defendant (als) (Entered: 06/12/2003)

June 12, 2003
64

MOTION by plaintiff for leave to file Sur-Reply Brief , or in the alternative for oral argument with brief in support. (aet) (Entered: 06/25/2003)

June 23, 2003

SUBMITTED to Mag Judge Linda T. Walker on [64-1] motion for leave to file Sur-Reply Brief, [64-2] motion for oral argument (aet) (Entered: 07/16/2003)

July 16, 2003
65

ORDER by Mag Judge Linda T. Walker GRANTING [64-1] motion for leave to file Sur-Reply Brief, [64-2] motion for oral argument; pla shall have ten days from entry of this order in which to filed its sur-reply brief, not to exceed five pages. (cc) (kt) (Entered: 08/12/2003)

Aug. 8, 2003

Terminated submissions. (kt) (Entered: 08/12/2003)

Aug. 12, 2003
67

Motion HEARING held before Mag Judge Linda T. Walker denying as moot [47-1] motion to delineate the members of the class of plaintiffs for whom plaintiff EEOC can seek relief; motions for summary judgment due in 30 days (dr) (Entered: 09/17/2003)

Sept. 16, 2003

Steno notes of proceedings held 9/16/03 before Mag Judge Linda T. Walker, by Court Reporter A. Ashley. (dr) (Entered: 09/26/2003)

Sept. 26, 2003

Proposed Consent Order extending time until 10/24/03 to file motion for summary judgment by parties (to LTW) (dr) (Entered: 10/10/2003)

Oct. 8, 2003
68

CONSENT ORDER by Mag Judge Linda T. Walker extending time to 10/24/03 for filing motions for summary judgment . (cc) (dfb) (Entered: 10/17/2003)

Oct. 15, 2003
69

MOTION by intervenor Marcia Garcia for partial dismissal with prejudice (dr) (Entered: 10/23/2003)

Oct. 22, 2003

Proposed Order dismissing sexual harassment claim with prejudice, granting [69-1] motion for partial dismissal with prejudice by intervenor Marcia (to LTW) (dr) (Entered: 10/23/2003)

Oct. 22, 2003
70

CONSENT MOTION to extend time until 10/31/03 to file motion for summary with brief in support (to LTW) (dr) (Entered: 10/27/2003)

Oct. 24, 2003
71

Notice of Withdrawal of counsel Steven Tapper by plaintiff. (dr) (Entered: 10/31/2003)

Oct. 29, 2003
72

CONSENT ORDER by Mag Judge Linda T. Walker GRANTING [70-1] motion to extend time until 10/31/03 to file motion for summary (cc) (dr) (Entered: 10/31/2003)

Oct. 30, 2003
73

ORDER by Judge Thomas W. Thrash, dismissing plaintiff/intervenor's sexual harassment claim with prejudice ; GRANTING [69-1] motion for partial dismissal with prejudice; claims of discriminatory terms and conditions and retaliatory discharge remain to be tried (cc) (dr) (Entered: 11/03/2003)

Oct. 30, 2003
74

MOTION by defendant for summary judgment against EEOC and Garcia , and for sanctions against EEOC (notice sent to parties) (dr) (Entered: 11/04/2003)

Oct. 31, 2003
75

Memorandum by defendant in Support of [74-1] motion for summary judgment against EEOC and Garcia, [74-2] motion for sanctions against EEOC (dr) (Entered: 11/04/2003)

Oct. 31, 2003
76

STATEMENT of Undisputed Material Facts in support of [74-1] motion for summary judgment against EEOC and Garcia, [74-2] motion for sanctions against EEOC by defendant Newnan Trading (dr) (Entered: 11/04/2003)

Oct. 31, 2003
77

Notice of Filing employee affidavits and declarations of Alice Ortiz by defendant. (dr) (Entered: 11/04/2003)

Oct. 31, 2003
78

MOTION by plaintiff to compel a complete copy of dft's motion for summary judgment , and to extend time to respond to said motion with brief in support. (dr) (Entered: 11/20/2003)

Nov. 18, 2003
79

CONSENT ORDER by Mag Judge Linda T. Walker, GRANTING [78-2] motion to extend time thru 12/21/03 to respond to motion for summary judgment (cc) (dr) (Entered: 12/04/2003)

Dec. 2, 2003
80

Stmt of undisputed material facts by defendant in support of [74-1] motion for summary judgment against EEOC and Garcia (vs) (Entered: 12/15/2003)

Dec. 12, 2003
81

Notice of Request to pla to file original discovery by defendant. (vs) (Entered: 12/15/2003)

Dec. 12, 2003
82

Notice of Reqeust to pla to file original discovery by defendant. (vs) (Entered: 12/15/2003)

Dec. 12, 2003
83

Notice of Original discovery by defendant. (vs) (Entered: 12/15/2003)

Dec. 12, 2003
84

Deposition of Maria Garcia taken for defendant (vs) (Entered: 12/15/2003)

Dec. 12, 2003

State / Territory: Georgia

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: April 24, 2001

Closing Date: 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

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

Plaintiff Type(s):

EEOC Plaintiff

Private Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Newnan Trading Corporation, Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Disparate Impact

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit