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)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/803317/parties/eeoc-v-franks-nursery/

Judge(s)
Attorney for Plaintiff

Barno, Deborah M. (Michigan)

Pitts, Stanley H. (Michigan)

Rapport, Adele (Michigan)

Attorney for Defendant

DeWitt, Charles C. (Michigan)

Smith, Brian B. (Michigan)

Documents in the Clearinghouse

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

April 22, 1997

April 22, 1997

Order/Opinion

966 F.Supp. 500

97-01698

Appellate Decision

EEOC v. Frank's Nursery & Crafts

U.S. Court of Appeals for the Sixth Circuit

April 23, 1999

April 23, 1999

Order/Opinion

177 F.3d 448

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/803317/eeoc-v-franks-nursery/

Last updated Sept. 28, 2026, 6:26 p.m.

Docket for: EEOC v. Frank's Nursery
ECF Number Date Description Link
1 Oct. 30, 1996

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

RECAP
2 Nov. 14, 1996

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

RECAP
3 Nov. 21, 1996

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

RECAP
4 Dec. 5, 1996

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)

RECAP
5 Dec. 23, 1996

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)

RECAP
6 Jan. 6, 1997

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)

RECAP
7 Jan. 9, 1997

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

RECAP
8 March 18, 1997

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)

RECAP
9 April 22, 1997

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)

RECAP
10 April 22, 1997

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

RECAP
11 June 20, 1997

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

RECAP
12 June 25, 1997

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)

RECAP
13 June 25, 1997

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

RECAP
14 July 3, 1997

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

RECAP
15 May 7, 1999

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

RECAP
16 May 10, 1999

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

RECAP
17 May 10, 1999

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)

RECAP
18 June 3, 1999

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)

RECAP
19 June 22, 1999

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

RECAP
20 June 22, 1999

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

RECAP
21 June 25, 1999

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

RECAP
22 July 19, 1999

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

RECAP

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

Private Entity/Person

Frank's Nursery and Crafts, Inc.

Case Details

Causes of Action:

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

Other Dockets:

Eastern District of Michigan 2:96-cv-75021

U.S. Court of Appeals for the Sixth Circuit 97-01698

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

Discrimination Area:

Disparate Treatment

Promotion

Discrimination Basis:

Race discrimination

EEOC-centric:

Direct Suit on Merits

Recommended Citation