Case: EEOC v. M.D.P., INC. (d/b/a PIZZA CITY USA)

7:03-cv-00153 | U.S. District Court for the Eastern District of North Carolina

Filed Date: Sept. 9, 2003

Closed Date: 2004

Clearinghouse coding complete

Case Summary

The EEOC's Charlotte office, in conjunction with its Raleigh office, filed this suit on September 9, 2003 in U.S. District Court for the Eastern District of North Carolina, Southern Division. The complaint alleged that the defendant, M.D.P., INC., doing business as Pizza City USA, violated Title VII by requiring medical clearance for pregnant employees to work and by discharging complainant because of her pregnancy. The complaint also alleged that another female employee was fired in retaliatio…

The EEOC's Charlotte office, in conjunction with its Raleigh office, filed this suit on September 9, 2003 in U.S. District Court for the Eastern District of North Carolina, Southern Division. The complaint alleged that the defendant, M.D.P., INC., doing business as Pizza City USA, violated Title VII by requiring medical clearance for pregnant employees to work and by discharging complainant because of her pregnancy. The complaint also alleged that another female employee was fired in retaliation for complaining about a sexually hostile work environment.

After the defendant answered the complaint, a trial date was set for November 8, 2004. On October 4, 2004, the parties notified the court that the case had settled. Subsequently, the parties filed a consent decree and a stipulation for dismissal. The case was dismissed without prejudice on December 8, 2004. The defendant agreed, through the consent decree, to pay the complainant $3,500, refrain from requiring medical clearance for pregnant employees, and provide Title VII training to its employees.

Summary Authors

Jason Chester (8/13/2007)

People


Judge(s)

Daniel, David W (North Carolina)

Judge(s)

Daniel, David W (North Carolina)

Documents in the Clearinghouse

Document

7:03-cv-00153

Docket [PACER]

EEOC v. M.D.P., Inc.

Dec. 8, 2004

Dec. 8, 2004

Docket
1

7:03-cv-00153

Complaint

EEOC v. M.D.P., Inc.

Sept. 9, 2003

Sept. 9, 2003

Complaint
14

7:03-cv-00153

Consent Decree

EEOC v. M.D.P., Inc.

Oct. 22, 2004

Oct. 22, 2004

Settlement Agreement

Resources

Docket

Last updated Aug. 4, 2022, 3:24 a.m.

ECF Number Description Date Link Date / Link
1

Complaint filed JURY TRIAL DEMANDED (se) (Entered: 09/10/2003)

Sept. 9, 2003

Sept. 9, 2003

2

Document filed by plaintiff Equal Employment Opportunity Commission titled: Notice of Lawsuit and Request for Waiver of Service of Summons with proposed waiver attached. (se) (Entered: 09/10/2003)

Sept. 9, 2003

Sept. 9, 2003

3

Waiver of Service Returned Executed as to M.D.P., Inc. on 10/3/03 Answer due on 12/2/03 for M.D.P., Inc. (le) (Entered: 10/16/2003)

Oct. 15, 2003

Oct. 15, 2003

4

Answer to Complaint by M.D.P., Inc.; jury demand (se) (Entered: 11/06/2003)

Nov. 5, 2003

Nov. 5, 2003

5

Corporate Disclosure Filed by defendant M.D.P., Inc. (se) (Entered: 11/06/2003)

Nov. 5, 2003

Nov. 5, 2003

6

Request for Discovery Plan: Discovery Plan due by 12/20/03 (se) (Entered: 11/06/2003)

Nov. 6, 2003

Nov. 6, 2003

7

Discovery Plan filed by Equal Employment Opp, M.D.P., Inc. (se) (Entered: 12/02/2003)

Dec. 1, 2003

Dec. 1, 2003

Case submitted to: USMJ David Daniel [7-1] discovery submitted for an order on scheduling. (se) (Entered: 12/02/2003)

Dec. 2, 2003

Dec. 2, 2003

(se) (Entered: 12/02/2003)

Dec. 2, 2003

Dec. 2, 2003

8

Order on Scheduling by Magistrate Daniel setting Discovery cutoff 5/14/04 Deadline for filing of all motions 6/14/04 Jury Trial scheduled for 11/8/04 before Judge Fox Place: Wilm. Cpys. w/Form 85 to Mahood, Simpson, Barnes, Lanier, Sue Enyart, Scott Cannon, Becky Bowen. (le) (Entered: 12/16/2003)

Dec. 16, 2003

Dec. 16, 2003

9

Motion by Equal Employment Opp to amend [8-1] Scheduling order to extend time to designate experts w/consent and p.o. (le) (Entered: 03/16/2004)

March 15, 2004

March 15, 2004

Motion(s) referred: referred [9-1] motion to amend [8-1] Scheduling order to extend time to designate experts to USMJ David W. Daniel (le) (Entered: 03/16/2004)

March 16, 2004

March 16, 2004

10

Order granting [9-1] motion to amend [8-1] Scheduling order to extend time to designate experts for pltf. up to 4/9/04 and from dft. by 5/10/04. signed by M/J Daniel. (le) (Entered: 03/24/2004)

March 24, 2004

March 24, 2004

11

Return of service executed on 3/25/04 on Christi Smith with a Subpoena In A Civil Case for deposition to take place on 4/8/04 @ 9:30 a.m. at the office of Lanier and Fountain in Jacksonville, NC. (se) (Entered: 04/05/2004)

April 5, 2004

April 5, 2004

Jury trial set at 9:00 11/8/04 before Judge James C. Fox in Wilmington, NC, Ctrm #1 (se) (Entered: 09/21/2004)

Sept. 21, 2004

Sept. 21, 2004

12

Order pre-trial conference order signed by USMJ William A. Webb. CC:counsel. (se) (Entered: 09/21/2004)

Sept. 21, 2004

Sept. 21, 2004

Informed by counsel that case has settled. (se) (Entered: 10/05/2004)

Oct. 4, 2004

Oct. 4, 2004

13

Ordered that the court having been advised that the parties have settled all matters in controversy between them, this matter hereby is dismissed without prejudice . The parties are DIRECTED to file their stipulation of dismissal with prejudice on or before 11/5/04 set Response to Order due 11/5/04 signed by Senior Judge James C. Fox. CC:counsel, B. Bowen, S. Cannon, USMJ Webb. (se) (Entered: 10/06/2004)

Oct. 6, 2004

Oct. 6, 2004

Received the parties proposed consent decree in this matter. Will forward to Judge Fox for review and consideration. (se) (Entered: 10/21/2004)

Oct. 19, 2004

Oct. 19, 2004

Case submitted to: Senior Judge James C. Fox for review and consideration of the parties proposed consent decree. (se) (Entered: 10/21/2004)

Oct. 21, 2004

Oct. 21, 2004

14

Document filed by plaintiff Equal Employment Opportunity, defendant M.D.P., Inc. titled: Consent Decree (see order for particulars). Stipulation of Dismissal with prejudice to follow. (se) (Entered: 10/22/2004)

Oct. 22, 2004

Oct. 22, 2004

Case submitted to: Senior Judge James C. Fox for review of the parties failure to respond to [13-1] order dismissed without prejudice. (se) (Entered: 11/30/2004)

Nov. 30, 2004

Nov. 30, 2004

CASE FILE RETURNED from: Senior Judge James C. Fox (se) (Entered: 12/08/2004)

Dec. 3, 2004

Dec. 3, 2004

15

Order that the dismissal without prejudice is EXTENDED indefinitely to comport with the Consent Decree, but the Clerk of Court is DIRECTED to remove this matter from active status signed by Senior Judge James C. Fox. CC:counsel. (se) (Entered: 12/08/2004)

Dec. 8, 2004

Dec. 8, 2004

15

Stipulation of dismissal without prejudice. (se) (Entered: 12/08/2004)

Dec. 8, 2004

Dec. 8, 2004

Case closed NP (se) (Entered: 12/08/2004)

Dec. 8, 2004

Dec. 8, 2004

Case Details

State / Territory: North Carolina

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

IWPR/Wage Project Consent Decree Study

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 9, 2003

Closing Date: 2004

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

M.D.P. Inc. (Jacksonville, North Carolina), 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: 3500

Order Duration: 2004 - 2006

Content of Injunction:

Discrimination Prohibition

Expungement of Employment Record

Post/Distribute Notice of Rights / EE Law

Retaliation Prohibition

Provide antidiscrimination training

Reporting

Monitoring

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Discrimination-basis:

Pregnancy discrimination

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits