Case: EEOC v. SWENK-TUTTLE PRESS, INC.

2:97-cv-70679 | U.S. District Court for the Eastern District of Michigan

Filed Date: Feb. 21, 1997

Closed Date: April 1, 1998

Clearinghouse coding complete

Case Summary

In February 1997, the Detroit office of the EEOC brought this EPA suit against Swenk-Tuttle Press, Inc., a commercial printing company, in the U.S. District Court for the Eastern District of Michigan. The complaint alleged that the defendant discriminated against the claimants (females)by paying them less than a male employee who did similar work to them and retaliated against one of the claimants by moving her to a different shift. After the court granted discovery motions from both parties, the court granted the defendant's January 1998 motion for summary judgment in April 1998. The EEOC appealed the district court's decision, and the U.S. Court of Appeals remanded the case back to the district court at the request of the parties and the district court. After the district court judge granted the parties' 60(b) motion, the parties reached a settlement agreement in July 1999. The agreement required the defendant to pay the claimants $25,000.

Summary Authors

Lionel Joiner (8/1/2007)

Documents in the Clearinghouse

Document

2:97-cv-70679

Docket (PACER)

EEOC v. Swenk-Tuttle Press

July 7, 1999

July 7, 1999

Docket
47

2:97-cv-70679

Judgment

Equal Employment Opportunity Commission v. Swenk-Tuttle Press, Inc.

April 1, 1998

April 1, 1998

Order/Opinion
46

2:97-cv-70679

Opinion and Order Granting Defendant's Motion for Summary Judgment

Equal Employment Opportunity Commission v. Swenk-Tuttle Press, Inc.

April 1, 1998

April 1, 1998

Order/Opinion

Resources

Docket

Last updated Aug. 10, 2022, 3:19 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with; jury demand (PP) (Entered: 03/04/1997)

Feb. 21, 1997

Feb. 21, 1997

2

APPEARANCE for defendant Swenk-Tuttle Press of attorney Robert T. Kendall (ld) (Entered: 03/27/1997)

March 26, 1997

March 26, 1997

3

ANSWER by defendant Swenk-Tuttle Press to complaint [1-1] (ld) (Entered: 03/27/1997)

March 26, 1997

March 26, 1997

3

AFFIRMATIVE defenses by defendant Swenk-Tuttle Press (ld) (Entered: 03/27/1997)

March 26, 1997

March 26, 1997

4

PROOF of mailing of documents #2 and #3 (ld) (Entered: 03/27/1997)

March 26, 1997

March 26, 1997

5

PROOF of mailing (Amended) by defendant of appearance of counsel and answer to complaint (ld) (Entered: 03/27/1997)

March 27, 1997

March 27, 1997

SCHEDULE: by Judge John Corbett O'Meara scheduling conference set for 3:15 5/19/97 (dg) (Entered: 04/10/1997)

April 10, 1997

April 10, 1997

6

NOTICE by the court of scheduling conference (ls) (Entered: 04/11/1997)

April 10, 1997

April 10, 1997

7

PRETRIAL scheduling order by Judge John Corbett O'Meara - deadline for discovery set for 11/19/97 , deadline for witness list set for 9/2/97 , deadline for filing dispositive motions set for 12/8/97 , deadline for final pretrial order set for 2/18/98 , f final pretrial conference set for 3:30 2/25/98 , civil jury trial set for 3/3/98 (PP) (Entered: 05/21/1997)

May 21, 1997

May 21, 1997

8

PROOF of mailing of EEOC's interrogatories, request for production of documents and request for entry upon land for inspection (lh) (Entered: 06/12/1997)

June 11, 1997

June 11, 1997

9

PROOF of mailing of answer to plaintiff's interrogatories to defendant, answer to plaintiff's request for entry upon land for inspection and other purposes, and answer to plaintiff's request for production of documents (ld) (Entered: 08/07/1997)

Aug. 6, 1997

Aug. 6, 1997

10

PROOF of mailing by plaintiff EEOC of Witness List upon defendant Swenk-Tuttle Press (bk) (Entered: 09/05/1997)

Sept. 4, 1997

Sept. 4, 1997

11

WITNESS list by defendant Swenk-Tuttle Press with proof of mailing (lh) (Entered: 09/17/1997)

Sept. 17, 1997

Sept. 17, 1997

12

PROOF of mailing of plaintiff's amended witness list (ls) (Entered: 10/16/1997)

Oct. 15, 1997

Oct. 15, 1997

13

PROOF of mailing of EEOC's second set of interrogatories (lh) (Entered: 10/23/1997)

Oct. 23, 1997

Oct. 23, 1997

14

PROOF of mailing by EEOC of witness list (db) (Entered: 11/05/1997)

Nov. 3, 1997

Nov. 3, 1997

15

PROOF of mailing by plaintiff of notice of taking deposition of Larry Koerber, Thomas Bergman, Beverly Wright, Russell Smith, and Mark Kremski. (PP) (Entered: 11/14/1997)

Nov. 13, 1997

Nov. 13, 1997

17

STIPULATION by EEOC, Swenk-Tuttle Press, to amend the Court's scheduling order (lt) (Entered: 12/02/1997)

Nov. 24, 1997

Nov. 24, 1997

16

ORDER by Judge John Corbett O'Meara, extending time to file dispositive motions (lt) (Entered: 11/26/1997)

Nov. 25, 1997

Nov. 25, 1997

SCHEDULE: by Judge John Corbett O'Meara deadline for filing dispositive motions set for 12/22/97 (dg) (Entered: 12/03/1997)

Dec. 3, 1997

Dec. 3, 1997

18

PROOF of mailing by plaintiff of re-notice of taking deposition of Larry Koerber, re-notice of taking depositions of Thomas Bergman, Beverly Wright, Russell Smith, and Mark Kremski. (PP) (Entered: 12/05/1997)

Dec. 4, 1997

Dec. 4, 1997

19

APPEARANCE for plaintiff EEOC of attorney Eun (Ellen) G. Ha with proof of mailing (db) (Entered: 12/18/1997)

Dec. 17, 1997

Dec. 17, 1997

20

PROOF of mailing by plaintiff EEOC of notice of taking deposition for Guenter Schmitt (db) (Entered: 12/18/1997)

Dec. 17, 1997

Dec. 17, 1997

21

PROOF of mailing by plaintiff EEOC of re-notice of taking deposition duces tecum for Thomas Bergman (db) (Entered: 12/18/1997)

Dec. 17, 1997

Dec. 17, 1997

23

PROOF of mailing of the Equal Employment Opportunity Commission's notice of taking deposition for Michael Loader (lh) (Entered: 12/30/1997)

Dec. 29, 1997

Dec. 29, 1997

24

AMENDED WITNESS list by defendant Swenk-Tuttle Press with proof of mailing (db) (Entered: 01/07/1998)

Jan. 6, 1998

Jan. 6, 1998

SCHEDULE: by Judge John Corbett O'Meara deadline for filing dispositive motions set for 1/30/98 (dg) (Entered: 01/08/1998)

Jan. 8, 1998

Jan. 8, 1998

25

PROOF of mailing of notice of continuation of depositions for Russ Smith and Tom Bergman; re-notices of taking depositions of Guenther Schmitt and Michael Loader (lh) (Entered: 01/22/1998)

Jan. 21, 1998

Jan. 21, 1998

26

PROOF of mailing of plaintiff's second (sic Third) set of interogatoeis, second set of request for production of documents (ld) (Entered: 01/27/1998)

Jan. 23, 1998

Jan. 23, 1998

27

MOTION by plaintiff EEOC to compel discovery with brief, exhibits and proof of mailing (lt) (Entered: 02/02/1998)

Jan. 30, 1998

Jan. 30, 1998

28

MOTION by defendant Swenk-Tuttle Press for summary judgment with brief, exhibits and proof of mailing (lt) (Entered: 02/02/1998)

Jan. 30, 1998

Jan. 30, 1998

29

ADDENDUM by defendant Swenk-Tuttle Press to motion for summary judgment by Swenk-Tuttle Press [28-1] re: pages 18-20 (lt) Modified on 02/02/1998 (Entered: 02/02/1998)

Jan. 30, 1998

Jan. 30, 1998

30

PROOF of mailing by defendant on 1/30/98 of the revised pages 18 and 19 (lt) (Entered: 02/03/1998)

Feb. 2, 1998

Feb. 2, 1998

31

MOTION by defendant Swenk-Tuttle Press to compel answers to interrogatories , and for plaintiff EEOC to produce documents with brief, attachments and proof of mailing (lt) (Entered: 02/05/1998)

Feb. 4, 1998

Feb. 4, 1998

32

AMENDED ORDER by Judge John Corbett O'Meara, referring motion to compel discovery by EEOC [27-1], referring motion to compel answers to interrogatories [31-1] and referring motion for plaintiff EEOC to produce documents by Swenk-Tuttle Press [31-2] to Magistrate Judge Steven D. Pepe , for hearing and determination with proof of mailing (lt) (Entered: 02/11/1998)

Feb. 10, 1998

Feb. 10, 1998

33

NOTICE by the court of hearing on motion for summary judgment by Swenk-Tuttle Press [28-1] (db) (Entered: 02/12/1998)

Feb. 10, 1998

Feb. 10, 1998

SCHEDULE: by Judge John Corbett O'Meara hearing on motion for summary judgment by Swenk-Tuttle Press [28-1] set for 2:00 3/20/98 (dg) (Entered: 02/11/1998)

Feb. 11, 1998

Feb. 11, 1998

SCHEDULE: by Magistrate Judge Steven D. Pepe deadline for notice of compliance set for 2/24/98 , hearing on motion to compel answers to interrogatories [31-1] and for plaintiff EEOC to produce documents by Swenk-Tuttle Press [31-2], motion to compel discovery by EEOC [27-1] set for 3/3/98 (ml) (Entered: 02/17/1998)

Feb. 17, 1998

Feb. 17, 1998

35

AMENDED notice of hearing on motion for summary judgment by Swenk-Tuttle Press [28-1] (bk) (Entered: 02/20/1998)

Feb. 19, 1998

Feb. 19, 1998

SCHEDULE: by Judge John Corbett O'Meara hearing on motion for summary judgment by Swenk-Tuttle Press [28-1] set for 9:00 3/27/98 (dg) (Entered: 02/20/1998)

Feb. 20, 1998

Feb. 20, 1998

36

AMENDED PRETRIAL scheduling order by Judge John Corbett O'Meara - deadline for final pretrial order set for 4/17/98 , final pretrial conference set for 3:30 2/24/98 and civil jury set for MAY 1998 with proof of mailing (db) (Entered: 02/23/1998)

Feb. 20, 1998

Feb. 20, 1998

37

RESPONSE by plaintiff EEOC to defendant's motion to compel answers to interrogatories and request for production of documents [31-1] [31-2] with brief, attachments and proof mailing (db) (Entered: 02/23/1998)

Feb. 20, 1998

Feb. 20, 1998

38

JOINT STATEMENT of resolved and unresolved issues regarding the plaintiff's motion to compel discovery and the defendant's motion to compel answers to interrogatories and request for production of documents (db) (Entered: 02/25/1998)

Feb. 24, 1998

Feb. 24, 1998

39

RESPONSE by defendant Swenk-Tuttle Press to motion to compel discovery by EEOC [27-1] with brief, attachments and proof of mailing (db) (Entered: 02/25/1998)

Feb. 24, 1998

Feb. 24, 1998

40

RESPONSE by defendant Swenk-Tuttle Press to duces tecum request (db) (Entered: 02/25/1998)

Feb. 24, 1998

Feb. 24, 1998

41

AFFIDAVIT of Beverly Wright (db) (Entered: 02/26/1998)

Feb. 25, 1998

Feb. 25, 1998

42

BRIEF in opposition by plaintiff EEOC to motion for summary judgment by Swenk-Tuttle Press [28-1] with attachments and proof of mailing (db) (Entered: 02/26/1998)

Feb. 25, 1998

Feb. 25, 1998

43

REPLY by plaintiff EEOC to response to motion to compel discovery by EEOC [27-1] with proof of mailing (ld) (Entered: 03/02/1998)

Feb. 26, 1998

Feb. 26, 1998

MOTION hearing held on motion to compel answers to interrogatories [31-1] and for plaintiff EEOC to produce documents by Swenk-Tuttle Press [31-2] - disposition: granted in part - Magistrate Judge Steven D. Pepe - Court Reporter: Taped Proceeding (ml) (Entered: 03/03/1998)

March 3, 1998

March 3, 1998

MOTION hearing held on motion to compel discovery by EEOC [27-1] - disposition: granted in part - Magistrate Judge Steven D. Pepe - Court Reporter: Taped Proceeding (ml) (Entered: 03/03/1998)

March 3, 1998

March 3, 1998

44

REPLY brief by defendant Swenk-Tuttle Press in opposition to response to motion for summary judgment by Swenk-Tuttle Press [28-1] with proof of mailing (bk) (Entered: 03/10/1998)

March 9, 1998

March 9, 1998

MOTION hearing held on motion for summary judgment by Swenk-Tuttle Press [28-1] - disposition: taken under advisement - Judge John Corbett O'Meara - Court Reporter: Mosby (dg) (Entered: 03/27/1998)

March 27, 1998

March 27, 1998

46

OPINION and order by Judge John Corbett O'Meara granting motion for summary judgment by Swenk-Tuttle Press [28-1], and dismissing the complaint with proof of mailing (lt) (Entered: 04/02/1998)

April 1, 1998

April 1, 1998

47

JUDGMENT entered by Judge John Corbett O'Meara for Swenk-Tuttle Press against EEOC and dismissing complaint with proof of mailing (lt) (Entered: 04/02/1998)

April 1, 1998

April 1, 1998

48

PROOF of mailing of court's 3/26/98 order compelling discovery (lh) (Entered: 04/03/1998)

April 2, 1998

April 2, 1998

49

MOTION by plaintiff EEOC for reconsideration and clarification of order dismissing the complaint [46-1], mem opinion and order [46-2] with brief, and proof of mailing (bk) (Entered: 04/16/1998)

April 15, 1998

April 15, 1998

50

AMENDED opinion and order by Judge John Corbett O'Meara granting motion for summary judgment by Swenk-Tuttle Press [28-1], dismissing complaint with proof of mailing (ew) (Entered: 05/13/1998)

May 11, 1998

May 11, 1998

51

ORDER by Judge John Corbett O'Meara denying in part and granting in part motion for reconsideration and clarification of order dismissing the complaint [46-1], mem opinion and order [46-2] by EEOC [49-1] (ew) (Entered: 05/13/1998)

May 11, 1998

May 11, 1998

52

APPEAL by plaintiff EEOC of order [51-1], order dismissing complaint [50-1] to USCA - FEE: NO FEE PAID (do) (Entered: 07/14/1998)

July 10, 1998

July 10, 1998

53

PROOF of mailing of notice of appeal to USCA, Deborah Barno, Stanely Pitts, Adele Rapport, Eun G. Ha, Robert Kendall, Sandy Kelly and Denise Mosby (do) (Entered: 07/14/1998)

July 14, 1998

July 14, 1998

54

CERTIFIED copy of appeal notice by EEOC [52-1] and docket transmitted to USCA (do) (Entered: 07/14/1998)

July 14, 1998

July 14, 1998

55

TRANSCRIPT order form filed by counsel for EEOC regarding appeal filed by EEOC [52-1] and requesting transcript(s) of: 3/27/98 and hearing on defendant's motion for summary judgment -appeal case # (not received yet) (lh) Modified on 07/24/1998 (Entered: 07/24/1998)

July 23, 1998

July 23, 1998

56

ACKNOWLEDGEMENT from USCA of receipt of appeal notice by EEOC [52-1] - appeal case # 98-1821 (ls) (Entered: 08/04/1998)

Aug. 3, 1998

Aug. 3, 1998

57

TRANSCRIPT taken on March 27, 1998 of motion for summary judgment (ls) (Entered: 09/14/1998)

Sept. 11, 1998

Sept. 11, 1998

59

CERTIFIED copy of order from USCA remanding the case for further proceedings - appeal case # 98-1821 (ew) (Entered: 02/12/1999)

Feb. 11, 1999

Feb. 11, 1999

60

ORDER by Judge John Corbett O'Meara with motion, granting the parties Rule 60(b) motion (RH) (Entered: 03/25/1999)

March 24, 1999

March 24, 1999

61

CONSENT judgment entered by Judge John Corbett O'Meara that defendant pay plaintiff the sum of $25,000 and agreed to by defendant Swenk-Tuttle Press, (RH) (Entered: 03/25/1999)

March 24, 1999

March 24, 1999

62

SETTLEMENT agreement by EEOC and Swenk-Tuttle Press with proof of mailing [EOD Date: 7/8/99] (lh) (Entered: 07/08/1999)

July 7, 1999

July 7, 1999

Case Details

State / Territory: Michigan

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Feb. 21, 1997

Closing Date: April 1, 1998

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

Swenk-Tuttle Press, Inc. (Adrian, MI), Private Entity/Person

Case Details

Causes of Action:

Equal Pay Act, 29 U.S.C. § 206(d)

Availably Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Pay / Benefits

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits