Case: EEOC v. SUBWAY OF ASHEVILLE #7 LLC

1:05-cv-00046 | U.S. District Court for the Western District of North Carolina

Filed Date: Feb. 23, 2005

Closed Date: 2010

Clearinghouse coding complete

Case Summary

In February 2005, the EEOC's Washington, D.C., office filed this suit in the U.S. District Court for the Western District of North Carolina against Subway of Asheville #7, Inc., and four other companies, all engaged in an integrated business enterprise in the City of Asheville, alleging violations of Title VII of the Civil Rights Act of 1964. Specifically, the EEOC alleged that at the defendants' restaurant a number of women were sexually harassed, subjected to a hostile working environment, c…
In February 2005, the EEOC's Washington, D.C., office filed this suit in the U.S. District Court for the Western District of North Carolina against Subway of Asheville #7, Inc., and four other companies, all engaged in an integrated business enterprise in the City of Asheville, alleging violations of Title VII of the Civil Rights Act of 1964. Specifically, the EEOC alleged that at the defendants' restaurant a number of women were sexually harassed, subjected to a hostile working environment, constructively discharged and retaliated against. Five complainants intervened in the EEOC's suit successfully in May and July 2005. In May 2006, the parties submitted a consent decree that was adopted by the court. The decree awarded $140,000 to the various complainants and enjoined the defendants from discriminating or retaliating in the future. The decree also imposed on the defendants the obligations to create an ant-discrimination policy, create training programs and maintain a variety of records concerning complaints of sexual harassment that may be brought to their attention in the future. The decree was to last for four years. The docket sheet doesn't show any further enforcement took place; the case was presumably closed in 2010.

Summary Authors

Tony Friedman (8/16/2007)

Clearinghouse (6/11/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5272348/parties/eeoc-v-subway-of-aville-7/

Judge(s)

Howell, Dennis L (North Carolina)

Documents in the Clearinghouse

1:05-cv-00046

Docket [PACER]

EEOC v. Subway of A'ville #7 et al

May 19, 2006

May 19, 2006

Docket
1

1:05-cv-00046

Complaint

EEOC v. Subway of Asheville #7 LLC et al

Feb. 23, 2005

Feb. 23, 2005

Complaint
18

1:05-cv-00046

Complaint in Intervention of Intervenors Melanie Cooper, Crystal Green, Christina Jackson and Danita Powell

EEOC et al v. Subway of Asheville #7 LLC et al

June 8, 2005

June 8, 2005

Complaint
25

1:05-cv-00046

Complaint in Intervention of Intervenor Jennifer Grady

EEOC et al v. Subway of Asheville #7 LLC et al

July 8, 2005

July 8, 2005

Complaint
31

1:05-cv-00046

Consent Decree

EEOC et al v. Subway of Asheville #7 LLC et al

May 19, 2006

May 19, 2006

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5272348/eeoc-v-subway-of-aville-7/

Last updated July 21, 2026, 5:54 a.m.

Docket for: EEOC v. Subway of A'ville 7
ECF Number Date Description Link
1 Feb. 23, 2005

COMPLAINT (ejb) (Additional attachment(s) added on 3/18/2009: # 1 Unredacted Complaint) (thh). (Entered: 02/28/2005)

RECAP
Feb. 23, 2005

Ntc of Case Assignment Packet & Consent to Trial by Magistrate Form given by Clerk to Pltf's counsel of record (ejb)

2 March 3, 2005

CONSENT/REFUSAL to Magistrate Jurisdiction by EEOC - consent (jhg) (Entered: 03/08/2005)

RECAP
3 April 5, 2005

WAIVER OF SERVICE Returned Executed as to Subway of A'ville #7 3/3/05 Answer due on 5/2/05 for Subway of A'ville #7 (jhg) (Entered: 04/07/2005)

RECAP
4 April 5, 2005

WAIVER OF SERVICE Returned Executed as to Ahmad Ent of NC Inc 3/3/05 Answer due on 5/2/05 for Ahmad Ent of NC Inc (jhg) (Entered: 04/07/2005)

RECAP
5 April 5, 2005

WAIVER OF SERVICE Returned Executed as to Suwan Subway, LLC 3/3/05 Answer due on 5/2/05 for Suwan Subway, LLC (jhg) (Entered: 04/07/2005)

RECAP
6 April 5, 2005

WAIVER OF SERVICE Returned Executed as to Subway of Merrimon 3/3/05 Answer due on 5/2/05 for Subway of Merrimon (jhg) (Entered: 04/07/2005)

RECAP
7 April 5, 2005

WAIVER OF SERVICE Returned Executed as to Subway of Canton Inc 3/3/05 Answer due on 5/2/05 for Subway of Canton Inc (jhg) (Entered: 04/07/2005)

RECAP
8 April 29, 2005

MOTION to Intervene by Melanie Cooper, Crystal Green, Christina Jackson, Danita Powell. Responses due by 5/13/2005 (Gosnell, Joan) (Entered: 05/02/2005)

RECAP
9 April 29, 2005

MEMORANDUM in Support re 8 MOTION to Intervene filed by Melanie Cooper, Crystal Green, Christina Jackson, Danita Powell. (Gosnell, Joan) (Entered: 05/02/2005)

RECAP
11 May 2, 2005

ANSWER to Complaint with Jury Demand by Subway of Asheville #7, LLC, Ahmad Enterprises of North Carolina, Inc., Subway of Canton, Inc., Subway of Merrimon Avenue, Inc., Suwan Subway, LLC.(Gosnell, Joan) (Entered: 05/04/2005)

RECAP
12 May 2, 2005

CONSENT to Jurisdiction by US Magistrate Judge by Subway of Asheville #7, LLC, Ahmad Enterprises of North Carolina, Inc., Subway of Canton, Inc., Subway of Merrimon Avenue, Inc., Suwan Subway, LLC.. (Gosnell, Joan) (Entered: 05/04/2005)

RECAP
10 May 3, 2005

ORDER denying 8 Motion to Intervene . Signed by Judge Dennis Howell on 5/3/05. (Gosnell, Joan)

RECAP
13 May 4, 2005

Case Reassigned to Judge Dennis Howell. Judge Lacy Thornburg no longer assigned to the case. (Gosnell, Joan) (Entered: 05/05/2005)

RECAP
14 May 13, 2005

MOTION to Intervene by Melanie Cooper, Crystal Green, Christina Jackson, Danita Powell. Responses due by 5/27/2005 (Gosnell, Joan) (Entered: 05/16/2005)

RECAP
15 May 13, 2005

MEMORANDUM in Support re 14 MOTION to Intervene filed by Melanie Cooper, Crystal Green, Christina Jackson, Danita Powell. (Gosnell, Joan) (Entered: 05/16/2005)

RECAP
16 May 13, 2005

CORRECTED ENTRY #14 MOTION to Intervene by Melanie Cooper, Crystal Green, Christina Jackson, Danita Powell. Responses due by 5/27/2005 (Attachments: # 1)(Gosnell, Joan) (Entered: 05/16/2005)

RECAP
17 May 20, 2005

ORDER granting granting 16 Motion to Intervene . Signed by Judge Dennis Howell on 5/20/05. (Gosnell, Joan)

RECAP
18 June 8, 2005

Intervenor COMPLAINT, filed by Melanie Cooper, Crystal Green, Christina Jackson, Danita Powell.(Gosnell, Joan) (Entered: 06/08/2005)

RECAP
19 June 8, 2005

CONSENT to Jurisdiction by US Magistrate Judge by Melanie Cooper, Crystal Green, Christina Jackson, Danita Powell.. (Gosnell, Joan) (Entered: 06/08/2005)

RECAP
June 8, 2005

DEMAND for Trial by Jury by Melanie Cooper, Crystal Green, Christina Jackson, Danita Powell. (Gosnell, Joan)

20 June 24, 2005

ANSWER to Intervenor Complaint by Subway of Asheville #7, LLC, Ahmad Enterprises of North Carolina, Inc., Subway of Canton, Inc., Subway of Merrimon Avenue, Inc., Suwan Subway, LLC.(Barton, Elizabeth) (Entered: 06/24/2005)

RECAP
21 June 28, 2005

MOTION to Intervene by Jennifer Grady. Responses due by 6/28/2005 (Barton, Elizabeth) (Entered: 07/01/2005)

RECAP
22 June 28, 2005

BRIEF in Support re 21 MOTION to Intervene filed by Jennifer Grady. (Barton, Elizabeth) (Entered: 07/01/2005)

RECAP
23 July 5, 2005

ORDER granting 21 Motion to Intervene . Signed by Judge Dennis Howell on 7/5/05. (Barton, Elizabeth)

RECAP
24 July 7, 2005

AFFIDAVIT of Service for Complalint in intervention served on EEOC, Subway of Asheville,Ahmad Enterprises of N.C., Inc., Subway of Canton, Subway of Merrimon Avenue and Suwan Subway on 6/15/05, filed by Crystal Green, Christina Jackson, Danita Powell, Jennifer Grady. (Freeman, Phyllis) (Entered: 07/14/2005)

RECAP
25 July 8, 2005

Intervenor COMPLAINT, filed by Jennifer Grady.(Freeman, Phyllis) (Entered: 07/14/2005)

RECAP
26 July 27, 2005

ANSWER to Intervenor Complaint by Subway of Asheville #7, LLC, Ahmad Enterprises of North Carolina, Inc., Subway of Canton, Inc., Subway of Merrimon Avenue, Inc., Suwan Subway, LLC.(Gosnell, Joan) (Entered: 07/28/2005)

RECAP
28 Nov. 8, 2005

CERTIFICATION of initial attorney conference and discovery plan by Melanie Cooper, Crystal Green, Christina Jackson, Danita Powell, Jennifer Grady, Equal Employment Opportunity Commission, Subway of Asheville #7, LLC, Ahmad Enterprises of North Carolina, Inc., Subway of Canton, Inc., Subway of Merrimon Avenue, Inc., Suwan Subway, LLC.(Gosnell, Joan) (Entered: 11/16/2005)

RECAP
29 Nov. 28, 2005

SCHEDULING ORDER: Estimated Trial Time: 5 days Discovery due by 4/28/2006. Motions due by 6/1/2006. Mediation deadline set for 5/15/2006. Jury Trial set to commence during 1st civil trial term beginning on 7/31/2006 10:00 AM in Asheville Courtroom #1, 100 Otis St., Asheville, NC 28801 before Dennis Howell. Signed by Judge Dennis Howell on 11/28/05. (Barton, Elizabeth) (Entered: 11/28/2005)

RECAP
30 May 17, 2006

NOTICE by Equal Employment Opportunity Commission of Filing of Proposed Consent Decree (Attachments: # 1 Proposed Order Consent Decree)(Haden, Kara) (Entered: 05/17/2006)

RECAP
31 May 19, 2006

CONSENT DECREE for plaintiffs against defendants. Signed by Judge Dennis Howell on 5/19/06. (Gosnell, Joan)

RECAP

Case Details

State / Territory:

North Carolina

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 23, 2005

Closing Date: 2010

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

Private Entity/Person

Ahmad Enterprises of North Carolina, Inc.

Subway of Asheville #7, LLC

Subway of Canton, Inc.

Subway of Merrimon Avenue, Inc.

Suwan Subway, LLC

Case Details

Causes of Action:

State Anti-Discrimination Law

State law

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

Other Dockets:

Western District of North Carolina 1:05-cv-00046

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Expungement of Employment Record

Monitoring

Neutral/Positive Reference

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Retaliation Prohibition

Amount Defendant Pays: 140000

Order Duration: 2006 - 2010

Issues

General/Misc.:

Retaliation

Discrimination Area:

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination Basis:

Sex discrimination

Affected Sex/Gender(s):

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit

Recommended Citation