Case: EEOC v. Gulfstream Aerospace Corporation

4:02-cv-00243 | U.S. District Court for the Southern District of Georgia

Filed Date: Nov. 15, 2002

Closed Date: May 13, 2003

Clearinghouse coding complete

Case Summary

The EEOC's Atlanta district office sued Gulfstream Aerospace Corporation, a national manufacturer of private aircraft, on November 15, 2002 in the U.S. District Court for the Southern District of Georgia. The EEOC's complaint alleged that Gulfstream violated the Age Discrimination in Employment Act when it discriminated against a class of sixty six employees over the age of forty by terminating their employment or forcing them to resign. The parties entered into a consent decree on May 12, 2…

The EEOC's Atlanta district office sued Gulfstream Aerospace Corporation, a national manufacturer of private aircraft, on November 15, 2002 in the U.S. District Court for the Southern District of Georgia. The EEOC's complaint alleged that Gulfstream violated the Age Discrimination in Employment Act when it discriminated against a class of sixty six employees over the age of forty by terminating their employment or forcing them to resign. The parties entered into a consent decree on May 12, 2003 which stipulated that Gulfstream would pay $2,176,307 in total damages to the complainants, provide ADEA training for its managers, revise its EEO policy, post a notice of compliance with the ADEA, offer the possibility of reinstatement for the complainants, report complaints involving violations of the ADEA to the EEOC, report large firings to the EEOC, appoint a compliance official, and allow the EEOC to enter the Gulfstream premises at Savannah to inspect for compliance with the consent decree.

Summary Authors

Aaron Weismann (6/19/2007)

Documents in the Clearinghouse

Document

4:02-cv-00243

Docket

June 26, 2006

June 26, 2006

Docket
1

4:02-cv-00243

Complaint

Nov. 15, 2002

Nov. 15, 2002

Complaint
4

4:02-cv-00243

Order Preliminarily Approving Consent Decree

Dec. 3, 2002

Dec. 3, 2002

Order/Opinion

EEOC Press Release

No Court

Dec. 11, 2002

Dec. 11, 2002

Press Release
21

4:02-cv-00243

Order [RE:Protective Order]

April 17, 2003

April 17, 2003

Order/Opinion
27

4:02-cv-00243

Order [Regarding Motions to Quash]

April 25, 2003

April 25, 2003

Order/Opinion
30

4:02-cv-00243

Consent Decree

May 12, 2003

May 12, 2003

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4243559/equal-employment-v-gulfstream-aerospace/

Last updated Aug. 13, 2022, 3:11 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (kts) (Entered: 11/15/2002)

Nov. 15, 2002

Nov. 15, 2002

RECAP
2

GENERAL ORDER of instructions to the parties RE: Rule 26(f) (signed by Magistrate Judge G. R. Smith); [EOD Date 11/15/02] copies served. (kts) (Entered: 11/15/2002)

Nov. 15, 2002

Nov. 15, 2002

PACER
3

Attorney Receipt of Instructions for filing the Rule 26(f) Report returned by attorney S. Robert Royal (ww1) (Entered: 11/26/2002)

Nov. 25, 2002

Nov. 25, 2002

PACER
4

ORDER preliminarily approving consent decree and setting the fairness hearing for 4/28/02 at 9:30. ( signed by Judge B. Avant Edenfield ); [EOD Date 12/4/02] copies served. (wwp) (Entered: 12/04/2002)

Dec. 3, 2002

Dec. 3, 2002

PACER
5

MOTION by Gulfstream Aerospace for attorney Derry Dean Sparlin, Jr. to Appear Pro Hac Vice. with brief in support. (ww1) (Entered: 12/05/2002)

Dec. 3, 2002

Dec. 3, 2002

PACER

Motion(s) referred: [5-1] motion for attorney Derry Dean Sparlin, Jr. to Appear Pro Hac Vice. referred to Magistrate Judge G. R. Smith (ww1)

Dec. 3, 2002

Dec. 3, 2002

PACER
6

MOTION by Gulfstream Aerospace for attorney William J. Kilberg to Appear Pro Hac Vice. with brief in support. (ww1) (Entered: 12/05/2002)

Dec. 3, 2002

Dec. 3, 2002

PACER

Motion(s) referred: [6-1] motion for attorney William J. Kilberg to Appear Pro Hac Vice. referred to Magistrate Judge G. R. Smith (ww1)

Dec. 3, 2002

Dec. 3, 2002

PACER

Pro Hac Vice paid by Derry Dean Sparlin Jr. for defendant Gulfstream Aerospace Receipt #400311 Date: 12/3/02 (ww1)

Dec. 3, 2002

Dec. 3, 2002

PACER

Pro Hac Vice paid by William J. Kilberg for defendant Gulfstream Aerospace Receipt #400312 Date: 12/3/02 (ww1)

Dec. 3, 2002

Dec. 3, 2002

PACER
7

ORDER granting [6-1] motion for attorney William J. Kilberg to Appear Pro Hac Vice. Attorney added to case. ( signed by Magistrate Judge G. R. Smith ); [EOD Date 12/9/02] copies served. (wwp) (Entered: 12/09/2002)

Dec. 9, 2002

Dec. 9, 2002

PACER
8

ORDER granting [5-1] motion for attorney Derry Dean Sparlin, Jr. to Appear Pro Hac Vice. Attorney added to case. ( signed by Magistrate Judge G. R. Smith ); [EOD Date 12/10/02] copies served. (wwp) (Entered: 12/10/2002)

Dec. 9, 2002

Dec. 9, 2002

PACER
9

OBJECTION by interested party Douglas LeFevre to proposed consent decree (ww1) (Entered: 03/18/2003)

March 18, 2003

March 18, 2003

PACER
10

OBJECTION by interested party Harold R. Schmidt to Proposed Consent Decree (ww1) (Entered: 03/28/2003)

March 28, 2003

March 28, 2003

PACER
11

OBJECTION by claimant Noritoshi Itoi to proposed consent decree (ww1) (Entered: 04/01/2003)

March 31, 2003

March 31, 2003

PACER
12

OBJECTION by interested party Edgar P. Middleton to Proposed Consent Decree (ww1) (Entered: 04/01/2003)

March 31, 2003

March 31, 2003

PACER
13

OBJECTION by claimant Noritoshi Itoi to Proposed Consent Decree (ww1) (Entered: 04/01/2003)

March 31, 2003

March 31, 2003

PACER
14

OBJECTION by interested party Gayle Smith to Proposed Consent Decree (ww1) (Entered: 04/01/2003)

March 31, 2003

March 31, 2003

PACER
15

OBJECTION by interested party Adel Shubber to Proposed Consent Decree (ww1) (Entered: 04/04/2003)

April 3, 2003

April 3, 2003

PACER
16

MOTION by Gulfstream Aerospace memorandum to file brief exceeding local rule page limit with brief in support. (wwp) (Entered: 04/15/2003)

April 15, 2003

April 15, 2003

PACER
17

EMERGENCY MOTION by Gulfstream Aerospace for Protective Order . (kts) (Entered: 04/16/2003)

April 15, 2003

April 15, 2003

PACER

Motion(s) referred: [17-1] motion for Protective Order referred to Magistrate Judge G. R. Smith (kts)

April 15, 2003

April 15, 2003

PACER
18

MOTION by Gulfstream Aerospace to Quash subpoenas with brief in support. (kts) (Entered: 04/16/2003)

April 15, 2003

April 15, 2003

PACER

Motion(s) referred: [18-1] motion to Quash subpoenas referred to Magistrate Judge G. R. Smith (kts)

April 15, 2003

April 15, 2003

PACER
19

MOTION by Equal Employment to Quash . (kts) (Entered: 04/16/2003)

April 16, 2003

April 16, 2003

PACER
20

MEMORANDUM by Equal Employment in support of [19-1] motion to Quash by Equal Employment (kts) (Entered: 04/16/2003)

April 16, 2003

April 16, 2003

PACER

Motion(s) referred: [19-1] motion to Quash referred to Magistrate Judge G. R. Smith (kts)

April 16, 2003

April 16, 2003

PACER
21

ORDER granting [17-1] motion for Protective Order (signed by Magistrate Judge G. R. Smith); [EOD Date 4/17/03] copies served. (ww1) (Entered: 04/17/2003)

April 17, 2003

April 17, 2003

PACER
22

Gulfstream's Position Statement (ww1) (Entered: 04/22/2003)

April 21, 2003

April 21, 2003

PACER
24

RESPONSE by plaintiff Equal Employment to [15-1] objection by Adel Shubber (wwp) (Entered: 04/22/2003)

April 21, 2003

April 21, 2003

PACER
23

MOTION by Equal Employment to exceed page limit for plaintiff equal employment opportunity commision's response to objections to the proposed consent decree with brief in support. (wwp) Modified on 04/23/2003 (Entered: 04/22/2003)

April 22, 2003

April 22, 2003

PACER
25

ORDER granting [23-1] motion to exceed page limit for plaintiff equal employment opportunity commision's response to objections to the proposed consent decree (signed by Judge B. Avant Edenfield); [EOD Date 4/23/03] copies served. (ww1) (Entered: 04/23/2003)

April 23, 2003

April 23, 2003

PACER
26

RESPONSE by Noritoshi Itoi to [18-1] motion to Quash subpoenas by Gulfstream Aerospace (ww1) (Entered: 04/25/2003)

April 24, 2003

April 24, 2003

PACER
27

ORDER granting [19-1] motion to Quash, granting [18-1] motion to Quash subpoenas ( signed by Magistrate Judge G. R. Smith ); [EOD Date 4/28/03] copies served. (wwp) (Entered: 04/28/2003)

April 25, 2003

April 25, 2003

PACER

MINUTE ENTRY: Fairness hearing conducted this date. The Court heard all objections as well as the position of the plaintiff's counsel as to the terms of the settlement. The Court took the matter under advisement and will issue its findings as soon as possible. (rww)

April 28, 2003

April 28, 2003

PACER
28

OBJECTION by plaintiff Equal Employment to Magistrate Judge's Order of April 25, 2003 granting defendant Gulfstream Aerospace Corporation's motion to Quash[27-1] order (wwp) (Entered: 05/01/2003)

May 1, 2003

May 1, 2003

PACER
29

RESPONSE in Opposition by Gulfstream Aerospace in opposition to [28-1] objection by Equal Employment (wwp) (Entered: 05/08/2003)

May 7, 2003

May 7, 2003

PACER
30

ORDERed the Court grants final approval of and hereby enters as its Final Judgment, the EEOC/Gulfstream consent decree. Doc #4 at 29. The Court therefore dismisses with prejudice the EEOC's Complaint (DOC # 1), but for settlement-enforcement purposes it retains jurisdiction over the parties for two years from thedate of this Judgment's F. R. Civ.P 58 entry. All outstanding motions (including doc # 16) and objections ( including doc # 28) are denied/overruled. ( signed by Judge B. Avant Edenfield ); [EOD Date 5/12/03] copies served. (wwp) Modified on 05/13/2003 (Entered: 05/12/2003)

May 12, 2003

May 12, 2003

RECAP
31

JUDGMENT that in accordance with the Court's Order dated 5/12/03, Judgment is hereby entered dismissing Plaintiff's complaint with prejudice. ( signed by Judge B. Avant Edenfield ); [EOD Date 5/12/03] copies served. PLRA Notice mailed. (wwp) (Entered: 05/12/2003)

May 12, 2003

May 12, 2003

RECAP
32

TRANSCRIPT for dates of 4/28/03 (wwp) (Entered: 05/13/2003)

May 13, 2003

May 13, 2003

PACER

Case closed (wwp)

May 13, 2003

May 13, 2003

PACER

Record Transferred to FRC. Group 021, Accession 06 0302, Box 10 of 13, Location # 50114125 (bcw)

June 26, 2006

June 26, 2006

PACER

Case Details

State / Territory: Georgia

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 15, 2002

Closing Date: May 13, 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

Gulfstream Aerospace Corporation (Savannah, Georgia), Private Entity/Person

Case Details

Causes of Action:

Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.

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: 2176307

Order Duration: 2003 - 2005

Content of Injunction:

Discrimination Prohibition

Reinstatement

Retaliation Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Recordkeeping

Monitoring

Provide antidiscrimination training

Reporting

Issues

General:

Disparate Treatment

Pattern or Practice

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Age discrimination

EEOC-centric:

Direct Suit on Merits