Case: EEOC v. FEDERAL EXPRESS

5:98-cv-00483 | U.S. District Court for the Eastern District of North Carolina

Filed Date: June 19, 1998

Closed Date: Sept. 10, 2001

Clearinghouse coding complete

Case Summary

EEOC's Charlotte, NC office filed this Title VII sexual harassment lawsuit against the defendant Federal Express Corp. at the United States District Court for the Eastern District of North Carolina (Western Division) on 06/19/1998. The individual complainant, a female employee at FedEx's Raleigh, NC sorting facility, intervened in the lawsuit. The individual complainant alleged that she was subject to sexually hostile work environment. The complainant also alleged the state law claims of neg…

EEOC's Charlotte, NC office filed this Title VII sexual harassment lawsuit against the defendant Federal Express Corp. at the United States District Court for the Eastern District of North Carolina (Western Division) on 06/19/1998. The individual complainant, a female employee at FedEx's Raleigh, NC sorting facility, intervened in the lawsuit. The individual complainant alleged that she was subject to sexually hostile work environment. The complainant also alleged the state law claims of negligence and negligent infliction of emotional distress. She requested altogether $ 1 million in pecuniary, non-pecuniary and punitive damages combined. There is no access to EEOC's complaint.

The defendant filed a motion for summary judgment on 07/02/1999. District Judge Terrence W. Boyle denied the motion on 03/09/2000 but set aside the decision on 10/30/2000. A hearing on the summary judgment motion was held later without a decision. On the second day of the jury trial 08/14/2001, EEOC and the defendant orally filed a consent motion for a directed verdict, based on which Judge Terrence dismissed the case. However, EEOC later appealed the decision and the defendant cross-appealed. The appeal was dismissed by the Court of Appeals on 12/21/2001.

Summary Authors

Justin Kanter (8/12/2007)

Documents in the Clearinghouse

Document

Docket (PACER)

EEOC v. Federal Express Corp

Dec. 13, 2002 Docket
11

Complaint [Intervenor]

Sheila A. Zerehi-Carter v. Federal Express Corporation

Oct. 2, 1998 Complaint
44

Order [re: summary judgment]

Equal Employment Opportunity Commission and Sheila A. Zerehi-Carter v. Federal Express Corporation

March 9, 2000 Order/Opinion
88

Judgment in a Civil Case

Equal Employment Opportunity Commission and Sheila A. Zerehi-Carter v. Federal Express Corporation

Sept. 10, 2001 Order/Opinion
101

Order [re: motion to dismiss]

Equal Employment Opportunity Commission and Sheila A. Zerehi-Carter v. Federal Express Corporation

U. S. Court of Appeals for the Fourth Circuit

Feb. 4, 2002 Order/Opinion

Judgment in a Civil Case

Equal Employment Opportunity Commission and Sheila A. Zerehi-Carter v. Federal Express Corporation

Feb. 6, 2002 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
1

Complaint filed alleging violation of Title VII for sexual harassment in employment (bb) (Entered: 06/23/1998)

June 19, 1998
2

Motion to intervene by Sheila A. Zerehi-Carter as plaintiff (bb) (Entered: 07/16/1998)

July 15, 1998
3

Memorandum by Sheila A. Zerehi-Carter in support of [2-1] motion to intervene by Sheila A. Zerehi-Carter as plaintiff (bb) (Entered: 07/16/1998)

July 15, 1998
4

Waiver of Service Returned Executed as to Federal Express Corp 6/30/98 Answer due on 8/31/98 for Federal Express Corp (bb) (Entered: 07/23/1998)

July 23, 1998

Motion(s) submitted: [2-1] motion to intervene by Sheila A. Zerehi-Carter as plaintiff submitted to Chief Judge Boyle (bb) (Entered: 08/18/1998)

Aug. 18, 1998
5

Notice of Appearance pro hac vice by Colby s. Morgan, Jr., Memphis, TN, for def't Federal Express Corporation (bb) (Entered: 09/01/1998)

Aug. 31, 1998
6

Answer to Complaint by Federal Express Corp (bb) (Entered: 09/01/1998)

Aug. 31, 1998
7

Request for Discovery Plan: Discovery Plan due by 10/1/98 (bb) (Entered: 09/01/1998)

Sept. 1, 1998
8

Return of service executed as to Federal Express Corp 8/28/98 by Cert. mail re: Motion to Intervene, proposed complaint in intervention; return receipt attached; Answer due on 9/17/98 for Federal Express Corp (bb) (Entered: 09/10/1998)

Sept. 10, 1998
9

Discovery Plan filed by EEOC, Federal Express Corp, Sheila A. Zerehi-Carter (bb) (Entered: 10/02/1998)

Oct. 1, 1998

Case submitted to: USMJ Denson for scheduling (bb) (Entered: 10/02/1998)

Oct. 2, 1998
10

Order granting [2-1] motion to intervene by Sheila A. Zerehi-Carter as plaintiff signed by Chief Judge Boyle; served. (bb) (Entered: 10/02/1998)

Oct. 2, 1998
11

Intervenor's complaint by Sheila A. Zeheri-Carter against Federal Express Corp (bb) Modified on 12/01/1998 (Entered: 11/23/1998)

Oct. 2, 1998
12

Order on Scheduling by Magistrate Denson setting Discovery cutoff 4/30/99 Deadline for filing of all motions 5/31/99 Jury Trial scheduled for 10/12/99 before Judge Boyle Place: Raleigh; served (bb) Modified on 12/01/1998 (Entered: 10/06/1998)

Oct. 6, 1998

Summons(es) issued for Federal Express Corp (bb) (Entered: 10/29/1998)

Oct. 28, 1998
13

Return of service executed as to Federal Express Corp 10/30/98 by cert. mail; served on CT Corporation; return receipt attached. Answer due on 11/19/98 for Federal Express Corp (bb) Modified on 12/01/1998 (Entered: 11/10/1998)

Nov. 5, 1998
14

Answer by Federal Express Corp to [13-1] intervenor complaint (bb) (Entered: 11/23/1998)

Nov. 23, 1998
15

Motion by Federal Express Corp to extend time to respond to discovery (bb) (Entered: 12/30/1998)

Dec. 28, 1998
16

Order granting [15-1] motion to extend time signed by Clerk Daniel; served. (bb) (Entered: 12/30/1998)

Dec. 29, 1998
18

Order granting [17-1] motion to extend time; signed by Clerk Daniel; served . (bb) (Entered: 01/07/1999)

Jan. 7, 1999
19

Motion by Sheila A. Zeheri-Carter to extend time to respond to discovery requests (bb) (Entered: 02/05/1999)

Feb. 3, 1999
20

Order granting [19-1] motion to extend time signed by Clerk Daniel; served. (bb) (Entered: 02/05/1999)

Feb. 4, 1999

Jury trial Target Date set at 10/1/99 before Chief Judge Terrence W. Boyle (js) (Entered: 03/17/1999)

March 17, 1999

Rec'd proposed consent order regarding extension of discovery and motion filing deadline; forwarded to USMJ Denson for approval (bb) (Entered: 04/07/1999)

April 5, 1999
21

Consent Order; the time for completing discovery in this case is extended until 5/31/99; motions 6/30/99; signed by USMJ Denson; served. (bb) (Entered: 04/12/1999)

April 9, 1999
22

Joint Motion by EEOC, Federal Express Corp, Sheila A. Zeheri-Carter to extend time to complete discovery and serve expert witness reports (bb) (Entered: 06/01/1999)

May 25, 1999
23

Order granting [22-1] motion to extend time, reset discovery due for 6/11/99 signed by Clerk Daniel; served. (bb) (Entered: 06/01/1999)

May 26, 1999
24

Motion by Federal Express Corp to extend time (fdc) (Entered: 07/01/1999)

June 30, 1999
25

Order granting [24-1] motion to extend time signed by David W. Daniel, Clerk. Counsel to serve. (fdc) (Entered: 07/01/1999)

June 30, 1999
26

Motion by Federal Express Corp for summary judgment (bb) (Entered: 07/06/1999)

July 2, 1999
27

Memorandum by Federal Express Corp in support of [26-1] motion for summary judgment (bb) (Entered: 07/06/1999)

July 2, 1999

Rec'd appendix in support of Defedant Federal Express motion for summary judgment (bb) (Entered: 07/06/1999)

July 2, 1999
28

Consent Motion by Federal Express Corp to extend time to serve supplemental Expert Witness Report (bb) (Entered: 07/14/1999)

July 14, 1999
29

Order granting [28-1] motion to extend time signed by USMJ Denson; served. (bb) (Entered: 07/19/1999)

July 16, 1999
30

Consent Motion by Sheila A. Zeheri-Carter to extend time to respond to motion for summary judgment; cy to Clerk w/prop. order (bb) (Entered: 07/27/1999)

July 26, 1999
31

Response by EEOC to [26-1] motion for summary judgment (bb) (Entered: 07/27/1999)

July 26, 1999
32

Affidavit by Erania Ebron-Fubara, counsel for EEOC Re: [31-1] motion response w/attached excerpts of deposition transcripts (bb) (Entered: 07/27/1999)

July 26, 1999
34

Motion by Federal Express Corp to extend time to file reply brief; cy to Clerk w/prop. order (bb) (Entered: 07/29/1999)

July 29, 1999
35

Order granting [34-1] motion to extend time, Response to motion reset to 8/19/99 for [26-1] motion for summary judgment signed by David W. Daniel, Clerk. Served. (fdc) (Entered: 07/30/1999)

July 30, 1999
36

Response by Sheila A. Zeheri-Carter to [26-1] motion for summary judgment (bb) (Entered: 08/04/1999)

Aug. 2, 1999

Rec'd Appendix in Support of Plaintiff-Intervenor's memo in opposition to motion for summary judgment (bb) (Entered: 08/04/1999)

Aug. 2, 1999

Deposition of Gary Sheehan submitted by EEOC (bb) (Entered: 08/06/1999)

Aug. 5, 1999

Deposition of Glendell Wilson submitted by EEOC (bb) (Entered: 08/06/1999)

Aug. 5, 1999
37

Notice of attorney appearance for Federal Express Corp by Leslie R. Stacks (bb) (Entered: 08/18/1999)

Aug. 18, 1999
38

Reply by Federal Express Corp to response to [26-1] motion for summary judgment w/attached Exhibit A (deposition of Sheila Carter) (bb) (Entered: 08/20/1999)

Aug. 19, 1999
39

Reply by Federal Express Corp to EEOC's response to [26-1] motion for summary judgment (bb) (Entered: 08/20/1999)

Aug. 20, 1999

Motion(s) submitted: [26-1] motion for summary judgment submitted to Chief Judge Boyle (bb) (Entered: 08/23/1999)

Aug. 23, 1999
40

Motion by counsel for Federal Express Corp for Renee J. Montgomery, Patricia Munchel and Parker-Poeto withdraw as attorney ; Poyner & Spruill has been retained (bb) (Entered: 08/24/1999)

Aug. 24, 1999
41

Order granting [40-1] motion for Renee J. Montgomery, Patricia Munchel and Parker-Poeto withdraw as attorney (Terminated attorney Renee J. Montgomery for Federal Express Corp, attorney Renee J. Montgomery for Federal Express Corp signed by Alexander B. Denson, USMJ. OB Ref: BO # 13, p. 125; served. (fdc) (Entered: 09/01/1999)

Sept. 1, 1999
42

Document filed by intervenor-plaintiff Sheila A. Zeheri-Carter titled: Notification of Subsequently Decided Authority; cy to Chief Judge Boyle (bb) (Entered: 10/06/1999)

Oct. 5, 1999
43

Subsequently Decided Authority pursuant to LR 4.07 by intervenor-plaintiff Sheila A. Zeheri-Carter; cy to Chief Judge Boyle (bb) (Entered: 02/11/2000)

Feb. 8, 2000
44

Order denying [26-1] motion for summary judgment signed by Chief Judge Boyle. OB Ref: BO-14, p. 198; served (bb) (Entered: 03/09/2000)

March 9, 2000
45

Joint motion by EEOC, Federal Express Corp, Sheila A. Zeheri-Carter for mediated settlement conference (bb) (Entered: 03/21/2000)

March 20, 2000
47

Notice of appearance by out of state counsel for Federal Express Corp. (bb) (Entered: 03/29/2000)

March 29, 2000
48

Motion by Federal Express Corp for Leslie R. Stacks to withdraw as attorney (bb) (Entered: 03/29/2000)

March 29, 2000

Motion(s) submitted: [48-1] motion for Leslie R. Stacks to withdraw as attorney submitted to Chief Judge Boyle w/prop. order (bb) (Entered: 03/29/2000)

March 29, 2000
49

Order denying [45-1] joint motion for mediated settlement conference; the court finds that it would be appropriate in this case to make available a judicial officer as mediator if the parties wish to proceed by order of the court; signed by Chief Judge Boyle; served. (bb) (Entered: 03/30/2000)

March 30, 2000
50

Order granting [48-1] motion for Leslie R. Stacks to withdraw as attorney (Terminated attorney Leslie R. Stacks for Federal Express Corp signed by Chief Judge Boyle; served. (bb) (Entered: 04/12/2000)

April 12, 2000

Called Ms. Ebron to get status of case. This case is being mediated on 6/30/00. (js) (Entered: 06/29/2000)

June 29, 2000

Pre-trial conference set at 11:00 on Tuesday, 10/3/00, 6th floor ctrm., Raleigh, NC before USMJ Alexander B. Denson. served. (js) (Entered: 08/17/2000)

Aug. 17, 2000
51

Motion by Federal Express Corp for local counsel to be excused from all court proceedings (bb) (Entered: 09/07/2000)

Sept. 6, 2000
52

Order granting [51-1] motion for local counsel to be excused from the pre-trial conference. The Clerk is DIRECTED to hold this motion open until Chief Judge Boyle rules on the need forlocal counsel's presence at trial; signed by USMJ Denson; served. (bb) (Entered: 09/27/2000)

Sept. 27, 2000
53

Pretrial order filed signed by USMJ Denson; ETT 3 days (bb) (Entered: 10/13/2000)

Oct. 12, 2000
54

Order setting aside the Court's order of March 8, 2000 on summary judgment; the court will conduct a hearing on summary judgment and reconsider the issues raised in the defendant's summary judgment motion; signed by Chief Judge Boyle. OB Ref: BO-16, p. 123; served (bb) (Entered: 10/30/2000)

Oct. 30, 2000

Issued Notice of Hearing: Motion hearing on Defendant's Motion for Summary Judgment set 12/12/00 at 2:00 p.m. at Elizabeth City, NC before Chief Judge Terrence W. Boyle ; cys to Chief Judge Boyle; counsel; court reporter; courtroom clerk; USMS; CSO; Boyle criminal and civil team; Carol Morgan (bb) (Entered: 10/30/2000)

Oct. 30, 2000

Sent corrected notice of hearing on Defendant's Motion for Summary Judgment; original notice had wrong case no. (bb) (Entered: 11/02/2000)

Nov. 2, 2000

Issued Amended Notice of Hearing: Motion hearing before Chief Judge Terrence W. Boyle re Defendant's Motion for Summary Judgment changed to Friday, December 15, 2000 at 9:00 a.m. in Raleigh; cys to Chief Judge Boyle; counsel; Carol Morgan; Boyle Civil and Criminal Teams; USMS; CSOs; court reporter; courtroom clerk (bb) (Entered: 11/08/2000)

Nov. 8, 2000
55

Order denying [51-1] motion for local counsel to be excused from all court proceedings signed by Chief Judge Boyle; served. (bb) (Entered: 11/29/2000)

Nov. 27, 2000
56

Notice of attorney appearance for Federal Express Corp by Wade Forsman, Memphis, TN (bb) (Entered: 12/14/2000)

Dec. 11, 2000

Motion hearing re: [26-1] motion for summary judgment before Chief Judge Terrence W. Boyle at Raleigh; Sharon Kroger, Ct. Reporter 1.0 hrs. (bb) (Entered: 12/18/2000)

Dec. 15, 2000

Transcript Filed - regarding hearing on 12/15/00 at Raleigh, on summary judgment before Chief Judge Boyle Court Reporter - Sharon Kroger; forwarded to Chief Judge Boyle (bb) (Entered: 12/22/2000)

Dec. 22, 2000

Jury trial set at 10:00 8/13/01 in the United States Courtroom, Second Floor, Post Office and Courthouse, 306 E. Main Street, Elizabeth City, NC before Chief Judge Terrence W. Boyle; Trial Calendar Served. (fdc) (Entered: 04/23/2001)

April 23, 2001
57

Motion by Sheila A. Zeheri-Carter for Kevin S. Joyner to withdraw as attorney ; Deborah Meyer continues to represent Plaintiff-Intervenor (bb) (Entered: 04/30/2001)

April 30, 2001

Motion(s) submitted: [57-1] motion for Kevin S. Joyner to withdraw as attorney submitted to CHief Judge Boyle (bb) (Entered: 05/02/2001)

May 2, 2001
58

Order granting [57-1] motion for Kevin S. Joyner to withdraw as attorney signed by Chief Judge Boyle; served. (bb) (Entered: 05/08/2001)

May 8, 2001
59

Document filed by defendant Federal Express Corp titled: Notice of Substitution of L.R. 2.04 counsel. Kacey Coley Sewell (with Poyner & Spruill) should be substituted for Parmele Price Calame (also with Poyner & Spruill). As a result, from this point forward, Kacey Coley Sewell, will serve as L.R. 2.04 Counsel to Federal Express in this action. (fdc) (Entered: 06/18/2001)

June 15, 2001
60

Motion by Federal Express Corp with memorandum in support to reopen the deposition and Rule 35 examination of Plaintiff-Intervenor (bb) (Entered: 07/12/2001)

July 6, 2001
61

Consent Response by Sheila A. Zeheri-Carter, EEOC to [60-1] motion to reopen the deposition and Rule 35 examination of Plaintiff-Intervenor (bb) (Entered: 07/17/2001)

July 17, 2001

Motion(s) submitted: [60-1] motion to reopen the deposition and Rule 35 examination of Plaintiff-Intervenor submitted to Chief Judge Boyle (bb) (Entered: 07/17/2001)

July 17, 2001

Motion(s) submitted: [60-1] motion to reopen the deposition and Rule 35 examination of Plaintiff-Intervenor submitted to Chief JudgeBoyle (bb) (Entered: 07/24/2001)

July 24, 2001
62

Voir dire questions by EEOC; cy to Chief Judge Boyle (bb) (Entered: 08/07/2001)

Aug. 6, 2001
64

Trial brief by EEOC; cy to Chief Judge Boyle (bb) (Entered: 08/07/2001)

Aug. 6, 2001
65

Motion by EEOC with memorandum in support in limine requesting Court to Take Judicial Notice of Defendnat's 10-K Report (bb) (Entered: 08/07/2001)

Aug. 6, 2001
66

Motion by EEOC with memorandum in support in limine to Bar Admission of Exhibits or Testimony Regarding Employees Who Have Not Experienced Sexual Harassment; cy to Chief Judge Boyle (bb) (Entered: 08/07/2001)

Aug. 6, 2001
67

Motion by EEOC with memorandum in support in limine to Bar Admission of Exhibits or Testimony Regarding Zerehi-Carter's Disciplinary History; cy to Chief Judge Boyle (bb) (Entered: 08/07/2001)

Aug. 6, 2001
68

Motion by EEOC for leave to file Motion in Limine under seal Re: Exclusion of Non-Relevant Medical Records, et al; cy to Chief Judge Boyle w/proposed sealed Motion in Limine attached in sealed envelope (bb) (Entered: 08/07/2001)

Aug. 6, 2001
69

Voir dire questions by Federal Express Corp; cy to Chief Judge Boyle (bb) (Entered: 08/07/2001)

Aug. 6, 2001
70

Request for Jury Instructions by Federal Express Corp; cy to Chief Judge Boyle (bb) (Entered: 08/07/2001)

Aug. 6, 2001
71

Trial brief by Federal Express Corp; cy to Chief Judge Boyle (bb) (Entered: 08/07/2001)

Aug. 6, 2001
72

Motion by Federal Express Corp with memorandum in support to bifurcate Punitive Damages Claims (bb) (Entered: 08/07/2001)

Aug. 6, 2001
73

Motion by Federal Express Corp in limine on Anticipated Evidentiary Issues regarding physical contact experienced by another frmal employee; testimony by Benji Williams regarding statements regarding harassment; any evidence regarding retaliation; regarding damages not produced to Defendant during discovery; regarding training that Carter received through subsequent employment regarding sexual harassment; cy to Chief Judge Boyle (bb) (Entered: 08/07/2001)

Aug. 6, 2001
74

Memorandum by Federal Express Corp in support of [73-1] motion in limine; cy to Chief Judge Boyle (bb) (Entered: 08/07/2001)

Aug. 6, 2001
75

Motion by Federal Express Corp in limine to Exclude a Report and Testimony from Carter's Treating Physician and from Carter Regarding Any Alleged Diagnoses, Treatment or Causation of Medical or Emotional Disorders; cy to Chief Judge Boyle (bb) (Entered: 08/07/2001)

Aug. 6, 2001
76

Memorandum by Federal Express Corp in support of [75-1] motion in limine; cy to Chief Judge Boyle (bb) (Entered: 08/07/2001)

Aug. 6, 2001
77

Motion by Federal Express Corp for Kacey C. Sewell and firm of Poyner and Spruill to withdraw as attorney to substitute C. Everett Thompson; cy faxed to Chief Judge Boyle w/prop. order (bb) (Entered: 08/07/2001)

Aug. 6, 2001
79

Request for Jury Instructions by Sheila A. Zeheri-Carter; cy to Chief Judge Boyle (bb) (Entered: 08/07/2001)

Aug. 6, 2001
80

Trial brief by Sheila A. Zeheri-Carter; cy to Chief Judge Boyle (bb) (Entered: 08/07/2001)

Aug. 6, 2001
81

Motion by Sheila A. Zeheri-Carter with memorandum in support in limine to suppress evidence regarding Carter's being tested for any condition that could be construed as sexually transmitted disease; cy to Chief Judge Boyle (bb) (Entered: 08/07/2001)

Aug. 6, 2001
82

Order granting [60-1] motion to reopen the deposition and Rule 35 examination of Plaintiff-Intervenor signed by Chief Judge Boyle; served. (bb) (Entered: 08/08/2001)

Aug. 8, 2001
83

Order granting [77-1] motion for Kacey C. Sewell and firm of Poyner and Spruill to withdraw as attorney (Terminated attorney Kacey Coley Sewell for Federal Express Corp signed by Chief Judge Boyle; served. (bb) (Entered: 08/08/2001)

Aug. 8, 2001

State / Territory: North Carolina

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: June 19, 1998

Closing Date: Sept. 10, 2001

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

Federal Express Corp. (Raleigh, NC), Private Entity/Person

Case Details

Causes of Action:

State law

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

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Disparate Treatment

Discrimination-area:

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit