Case: EEOC v. FRANK'S NURSERY AND CRAFTS, INC.

2:96-cv-75021 | U.S. District Court for the Eastern District of Michigan

Filed Date: Oct. 30, 1996

Closed Date: July 19, 1999

Clearinghouse coding complete

Case Summary

In October 1996, the Detroit office of the EEOC brought this Title VII suit against Frank's Nursery and Crafts, Inc. in the U.S. District Court for the Eastern District of Michigan. The complaint alleged that the defendant discriminated against the claimant by failing to promote the claimant because of her race (black). The defendant filed a motion to compel the claimant to arbitrate her claim, and the court granted the motion dismissing the EEOC's complaint. See Equal Employment Opportunity…

In October 1996, the Detroit office of the EEOC brought this Title VII suit against Frank's Nursery and Crafts, Inc. in the U.S. District Court for the Eastern District of Michigan. The complaint alleged that the defendant discriminated against the claimant by failing to promote the claimant because of her race (black). The defendant filed a motion to compel the claimant to arbitrate her claim, and the court granted the motion dismissing the EEOC's complaint. See Equal Employment Opportunity Commission v. Frank's Nursery & Crafts, Inc., 966 F.Supp. 500 (E.D. Mich. 1997). The EEOC appealed the decision in June 1997. Holding that the claimants' signing of an arbitration agreement did not preclude the EEOC from bringing a suit on her behalf and that the EEOC did not need to demonstrate an existence of a class of affected individuals for equitable relief, the Sixth Circuit reversed and remanded the district court's decision in June 1999. See Equal Employment Opportunity Commission v. Frank's Nursery & Crafts, Inc., 177 F.3d 448 (6th Cir. 1999). The case was dismissed with prejudice based on the stipulation of the parties, probably due to settlement. No information was made available pertaining to the settlement.

Summary Authors

Kevin Wilemon (7/31/2007)

Documents in the Clearinghouse

Document

97-01698

Docket (PACER) [Court of Appeals]

EEOC v. Frank's Nursery

U. S. Court of Appeals for the Sixth Circuit

July 8, 1999

July 8, 1999

Docket

2:96-cv-75021

Docket (PACER)

EEOC v. Frank's Nursery

July 19, 1999

July 19, 1999

Docket
9

2:96-cv-75021

Memorandum Opinion and Order

EEOC v. Frank's Nursery & Crafts

966 F.Supp. 500

April 22, 1997

April 22, 1997

Order/Opinion

97-01698

Appellate Decision

EEOC v. Frank's Nursery & Crafts

U. S. Court of Appeals for the Sixth Circuit

177 F.3d 448

April 23, 1999

April 23, 1999

Order/Opinion

Resources

Docket

Last updated July 24, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed with jury demand (LS) (Entered: 10/31/1996)

Oct. 30, 1996

Oct. 30, 1996

2

SUMMONS returned executed by process server on 11/1/96 - answer due 11/21/96 for Frank's Nursery (RH) (Entered: 11/15/1996)

Nov. 14, 1996

Nov. 14, 1996

3

MOTION by defendants' to compel arbitration with brief, attachments, notice of hearing, and proof of mailing. (PP) (Entered: 11/25/1996)

Nov. 21, 1996

Nov. 21, 1996

4

LETTER by plaintiff to Judge Zatkoff's chambers confirming extension of time to file brief in opposition to defendant's motion to compel arbitration. (PP) (Entered: 12/09/1996)

Dec. 5, 1996

Dec. 5, 1996

5

RESPONSE by plaintiff EEOC to motion to compel arbitration by Frank's Nursery [3-1] with exhibits A, B and proof of service (RH) (Entered: 12/30/1996)

Dec. 23, 1996

Dec. 23, 1996

6

REPLY by defendant Frank's Nursery to response to motion to compel arbitration by Frank's Nursery [3-1] with attachment and proof of mailing (kg) (Entered: 01/08/1997)

Jan. 6, 1997

Jan. 6, 1997

7

AMENDED affidavit of Carol L. Adams (LS) (Entered: 01/10/1997)

Jan. 9, 1997

Jan. 9, 1997

8

SUPPLEMENTAL brief by defendant Frank's Nursery in support of motion to compel arbitration by Frank's Nursery [3-1] with exhibits and proof of mailing. (cf) (Entered: 03/21/1997)

March 18, 1997

March 18, 1997

9

MEMORANDUM opinion and order by Judge Lawrence P. Zatkoff granting motion to compel arbitration by Frank's Nursery [3-1] and dismissing complaint [1-1] (lg) (Entered: 04/23/1997)

April 22, 1997

April 22, 1997

10

JUDGMENT entered by Judge Lawrence P. Zatkoff for Frank's Nursery against EEOC (lg) (Entered: 04/23/1997)

April 22, 1997

April 22, 1997

11

APPEAL by plaintiff EEOC of orders [10-1] and [9-1] to USCA - FEE: not paid - USA (pr) (Entered: 06/25/1997)

June 20, 1997

June 20, 1997

12

PROOF of mailing by clerk of notice of appeal to USCA, Deborah Barno, Stanley Pitts, Adele Rapport, Charles DeWitt, and Brian Smith (pr) (Entered: 06/25/1997)

June 25, 1997

June 25, 1997

13

RECORD of appeal notice by EEOC [11-1] consisting of: 1 volume(s) of pleadings transmitted to USCA (pr) (Entered: 06/25/1997)

June 25, 1997

June 25, 1997

14

ACKNOWLEDGEMENT from USCA of receipt of appeal record [13-1] - appeal case # 97-1698 (kg) (Entered: 07/11/1997)

July 3, 1997

July 3, 1997

15

SLIP opinion from USCA reversing the case for further proceedings - appeal case # 97-1698. (cf) (Entered: 05/07/1999)

May 7, 1999

May 7, 1999

16

SLIP opinion from USCA reversing the case for further proceedings - appeal case # 97-1698. (cf) (Entered: 05/11/1999)

May 10, 1999

May 10, 1999

17

NON-CERTIFIED copy of judgment from USCA reversing the decision of the District Court and remanding case for further proceedings - appeal case # 97-1698. (cf) (Entered: 05/11/1999)

May 10, 1999

May 10, 1999

18

NON-CERTIFIED copy of order from USCA -- bill of costs shall be accepted for filing in the amount of $404.50 - appeal case # 97-1698 (dh) (Entered: 06/04/1999)

June 3, 1999

June 3, 1999

19

MANDATE from USCA case [0-0] reversing/remanding - appeal case # 97-1698 with proof of mailing (nh) (Entered: 06/23/1999)

June 22, 1999

June 22, 1999

20

CORRECTED pages from the USCA of the decision originally sent on 4/23/99 - appeal case # 97-1698 (LS) (Entered: 06/24/1999)

June 22, 1999

June 22, 1999

21

RECORD of appeal record [13-1] returned from USCA - appeal case # 97-1698 (nh) (Entered: 06/28/1999)

June 25, 1999

June 25, 1999

22

ORDER by Judge Lawrence P. Zatkoff with stipulation dismissing the case with prejudice [EOD Date: 7/20/99] (lg) (Entered: 07/20/1999)

July 19, 1999

July 19, 1999

Case Details

State / Territory: Michigan

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Oct. 30, 1996

Closing Date: July 19, 1999

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

Frank's Nursery and Crafts, Inc. , Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General:

Disparate Treatment

Discrimination-area:

Promotion

Discrimination-basis:

Race discrimination

EEOC-centric:

Direct Suit on Merits