Case: EEOC v. VULCAN LINCOLN-MERCURY

2:05-cv-01034 | U.S. District Court for the Northern District of Alabama

Filed Date: May 18, 2005

Closed Date: Oct. 31, 2008

Clearinghouse coding complete

Case Summary

EEOC's Birmingham, AL office and Washington, DC office jointly filed this retaliation lawsuit against the defendant, Vulcan Lincoln Mercury in the United States District Court for the Northern District of Alabama on 05/18/2005. The defendant, a division of Serra Automotive Group, was a new and used car dealer in Birmingham, Alabama. EEOC alleged that three former managers of defendant were subject to retaliatory discharge because they participated in an internal investigation of another emplo…

EEOC's Birmingham, AL office and Washington, DC office jointly filed this retaliation lawsuit against the defendant, Vulcan Lincoln Mercury in the United States District Court for the Northern District of Alabama on 05/18/2005. The defendant, a division of Serra Automotive Group, was a new and used car dealer in Birmingham, Alabama. EEOC alleged that three former managers of defendant were subject to retaliatory discharge because they participated in an internal investigation of another employee's sexual harassment claim. The individual complainants filed motions to intervene but the district court did not make a decision on the motions before the case was resolved.

The parties settled fairly quickly after the case was referred to mediation. The district court entered a consent judgment and dismissed the case on 10/31/2005.

Under the three-year consent decree, the defendant agreed to pay the three individual complainants a total sum of $330,000. The defendant also agreed to expunge record of the lawsuit from the complainants' personnel files and provide neutral references in the future. Additionally, the defendant was required to host trainings, post a notice of the lawsuit, and distribute its revised anti-retaliation policy. The defendant was allowed to apply for shortening the duration of the consent decree after two years. The docket sheet shows that no further enforcement took place; the case was presumably closed in 2008.

Summary Authors

Justin Kanter (7/10/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4126521/parties/equal-employment-opportunity-commission-v-vulcan-lincoln-mercury/

Documents in the Clearinghouse

Document

Docket [PACER]

EEOC v. Vulcan Lincoln-Mercury

Oct. 31, 2005 Docket
1

Complaint

EEOC v. Vulcan Lincoln-Mercury

May 18, 2005 Complaint
19

Consent Decree

EEOC v. Vulcan Lincoln-Mercury

Oct. 31, 2005 Settlement Agreement
18

Order of Dismissal with Prejudice

EEOC v. Vulcan Lincoln-Mercury

Oct. 31, 2005 Order/Opinion

EEOC Litigation Settlement Report- October 2005

EEOC v. Vulcan Lincoln Mercury, A Division of Serra Automotive Group

No Court

Feb. 2, 2006 Press Release

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4126521/equal-employment-opportunity-commission-v-vulcan-lincoln-mercury/

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

ECF Number Description Date Link
1

COMPLAINT against Vulcan Lincoln Mercury, filed by Equal Employment Opportunity Commission.(SFH, ) (Entered: 05/19/2005)

May 18, 2005 RECAP
2

MOTION to Intervene by Martha Manwarring, Pamela Stevens, Cheryl L. Williams. (Attachments: # 1 Complaint in Intervention)(Trueblood, Temple) (Entered: 06/01/2005)

1 Complaint in Intervention

View on PACER

June 1, 2005 PACER
3

ORDER- Pla's response to dft's motion to intervene must be filed by 6/9/05; dft's reply must be filed by 6/16/05; reply by any other interested party must be filed by 6/23/05 re 2 MOTION to Intervene filed by Martha Manwarring,, Cheryl L. Williams,, Pamela Stevens, . Signed by Judge Paul W Greene on 6/2/05. (SFH, ) (Entered: 06/02/2005)

June 2, 2005 PACER
4

SUMMONS Returned Executed Vulcan Lincoln Mercury served on 6/6/2005, answer due 6/27/2005. (SFH, ) (Entered: 06/10/2005)

June 9, 2005 PACER
5

Opposition to Motion to Intervene & Motion to Compel Arbitration filed by Vulcan Lincoln Mercury. (Kelly, T) (Entered: 06/16/2005)

June 16, 2005 PACER
6

Brief in Support of Objection to Motion to Intervene and Motion to Compel Arbitration filed by Vulcan Lincoln Mercury. (Kelly, T) Additional attachment(s) added on 6/16/2005 (SFH, ). (Entered: 06/16/2005)

1 Exhibit Arbitration Agreement/Waiver of Right to Jury Trial

View on PACER

June 16, 2005 PACER
7

NOTICE of Appearance by R Stan Morris on behalf of Martha Manwarring, Pamela Stevens, Cheryl L. Williams (Morris, R) (Entered: 06/22/2005)

June 22, 2005 PACER
8

First MOTION for Extension of Time to reply to Vulcan's Objection by Martha Manwarring, Pamela Stevens, Cheryl L. Williams. (Morris, R) (Entered: 06/22/2005)

June 22, 2005 PACER
9

NOTICE by Martha Manwarring, Pamela Stevens, Cheryl L. Williams of Attorney's Lien (Trueblood, Temple) (Entered: 06/23/2005)

June 23, 2005 PACER
10

MOTION to Withdraw as Attorney of Ann C. Robertson and Temple D. Trueblood by Martha Manwarring, Pamela Stevens, Cheryl L. Williams. (Trueblood, Temple) (Entered: 06/24/2005)

June 24, 2005 PACER
11

Consent MOTION for Extension of Time by Vulcan Lincoln Mercury. (Attachments: # 1 Exhibit Waiver of Service of Summons)(Kelly, T) (Entered: 06/24/2005)

1 Exhibit Waiver of Service of Summons

View on PACER

June 24, 2005 PACER
12

Joint MOTION for Extension of Time To file Response to Vulcan's Objection to Motion to Intervene and To Stay Vulcan's Objection to Motion to Intervene, Etc. Pending Mediation of Case by Martha Manwarring, Pamela Stevens, Cheryl L. Williams. (Morris, R) (Entered: 06/30/2005)

June 30, 2005 PACER
13

Second MOTION for Extension of Time to File Response/Reply as to 5 Opposition (other) by Equal Employment Opportunity Commission. (Morrow, Eunice) (Entered: 06/30/2005)

June 30, 2005 PACER
14

ORDER, Case referred to mediation set for 7/22/05 at 10:30am in chambers of the undersigned magistrate judge.. Signed by Judge John E Ott on 7/8/05. (SFH, ) (Entered: 07/08/2005)

July 8, 2005 PACER
15

NOTICE by Wiggins, Childs, Quinn & Pantazis, LLC of Release of Attorney Lien (Trueblood, Temple) (Entered: 08/26/2005)

Aug. 26, 2005 PACER
16

Joint MOTION to Approve Consent Judgment by Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order Proposed Consent Decree)(Guerrier, Charles) (Entered: 09/29/2005)

1 Text of Proposed Order Proposed Consent Decree

View on PACER

Sept. 29, 2005 PACER
17

ORDER REASSIGNING CASE with Notice to Prisoners In Re Civil Appeals attached. Case reassigned to Chief Judge U W Clemon for all further proceedings. Judge Paul W Greene no longer assigned to case. Signed by Judge U W Clemon on October 31, 2005. (SRJ, ) (Entered: 10/31/2005)

Oct. 31, 2005 PACER
18

ORDER DISMISSING CASE based on approval of the Consent Decree with prejudice w/each party to bear their own costs. Signed by Judge U W Clemon on 10/31/2005. (SRJ, ) (Entered: 10/31/2005)

Oct. 31, 2005 PACER
19

ORDER of CONSENT DECREE As Set Out . Signed by Judge U W Clemon on October 31, 2005. (SRJ, ) (Entered: 10/31/2005)

Oct. 31, 2005 RECAP

State / Territory: Alabama

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: May 18, 2005

Closing Date: Oct. 31, 2008

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

Vulcan Lincoln Mercury (Birmingham, AL), 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: 330000

Order Duration: 2005 - 2008

Content of Injunction:

Neutral/Positive Reference

Expungement of Employment Record

Post/Distribute Notice of Rights / EE Law

Discrimination Prohibition

Retaliation Prohibition

Provide antidiscrimination training

Reporting

Recordkeeping

Monitoring

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit