Case: EEOC v. Cleveland Construction

2:04-cv-02730 | U.S. District Court for the Western District of Tennessee

Filed Date: Sept. 15, 2004

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On September 15, 2004, the Memphis office of the Equal Employment Opportunity Commission (EEOC) filed this complaint in the U.S. District Court for Western District of Tennessee. The EEOC sued Cleveland Construction under Title VII of the CivilRights Act of 1964 and 42 U.S.C. § 1981, alleging that the defendant engaged in unlawfulemployment practices. The defendant was a contractor hired to assist in constructing the FedEx Forum in Memphis. The EEOC claimed that the defendant illegally terminat…

On September 15, 2004, the Memphis office of the Equal Employment Opportunity Commission (EEOC) filed this complaint in the U.S. District Court for Western District of Tennessee. The EEOC sued Cleveland Construction under Title VII of the Civil

Rights Act of 1964 and 42 U.S.C. § 1981, alleging that the defendant engaged in unlawful

employment practices. The defendant was a contractor hired to assist in constructing the FedEx Forum in Memphis. The EEOC claimed that the defendant illegally terminated the employment of six African American employees because of their race and replaced them with Hispanic workers; it sought injunctive and monetary relief.

After a period of discovery, on March 24, 2006, the defendant filed a motion for summary judgment. On June 29, 2006, Judge Samuel Mays denied the defendant’s motion for summary judgment. EEOC v. Cleveland Constr. Co., 2006 WL 1806042 (W.D. Tenn. 2006).

The parties then settled. One October 3, 2006, Judge Mays approved a consent decree that was to be effective for one year. Under the decree, Cleveland Construction agreed not to engage in any employment practice that had purpose or effect of discriminating against any individual on the basis of race as prohibited by Title VII of the Civil Rights Act of 1964. The defendant acknowledged its obligation not to take any retaliatory measure against any employee and former employee or applicant for opposing practices made unlawful under Title VII, or for making a charge or complaint to the EEOC, and also agreed to maintaining a policy prohibiting racial discrimination. The defendant agreed to pay $93,875 to the six complainants in full settlement of the claims.

A year after the consent decree began, on October 31, 2007, the case was dismissed. The case is now closed.

Summary Authors

Kevin Wilemon (8/11/2007)

Lisa Koo (1/31/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4642893/parties/equal-employment-opportunity-commission-v-cleveland-construction-inc/


Judge(s)

Pham, Tu M. (Tennessee)

Judge(s)

Pham, Tu M. (Tennessee)

Documents in the Clearinghouse

Document

2:04-cv-02730

Docket (PACER)

EEOC v. Cleveland Construction Inc

Jan. 31, 2007

Jan. 31, 2007

Docket
42

2:04-cv-02730

Order Granting in Part Plaintiff's Motion for Protective Order

EEOC v. Cleveland Construction Inc

Sept. 9, 2005

Sept. 9, 2005

Order/Opinion
94

2:04-cv-02730

Order Granting Plaintiff's Motion to Quash and Denying Defendant's Motion Seeking Permission to Subpoena Documents from Third Parties

EEOC v. Cleveland Construction Inc

2006 WL 2520922, 2006 U.S.Dist.LEXIS 64222

June 9, 2006

June 9, 2006

Order/Opinion
109

2:04-cv-02730

Order Denying Defendant's Motion for Summary Judgment

EEOC v. Cleveland Construction Inc

2006 WL 1806042, 2006 U.S.Dist.LEXIS 44640

June 29, 2006

June 29, 2006

Order/Opinion
133

2:04-cv-02730

Consent Decree

EEOC v. Cleveland Construction Inc

Oct. 3, 2006

Oct. 3, 2006

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4642893/equal-employment-opportunity-commission-v-cleveland-construction-inc/

Last updated Aug. 1, 2022, 3:16 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT of Civil Rights Act of 1964 and Titl 1 of the Civil Rights Act of 1991 against Cleveland Construction, Inc. , filed by Equal Employment Opportunity Commission. (Jury Demand)(jae, ) (Entered: 09/20/2004)

Sept. 15, 2004

Sept. 15, 2004

19

ORDER granting 17 Motion for Leave to Appear Pro Hac Vice (James D. Ludwig for defendant Cleveland Construction, Inc.). Signed by Judge Samuel H. Mays Jr.. (jae, )

May 19, 2005

May 19, 2005

RECAP
33

SCHEDULING ORDER:, Motions terminated: 26 MOTION to Amend 9 Scheduling Order, filed by Cleveland Construction, Inc.,. Discovery due by 10/17/2005. Motions due by 11/16/2005. Jury trial remains set on 1/23/2006.. Signed by Judge Samuel H. Mays Jr.. (ehg, )

Aug. 19, 2005

Aug. 19, 2005

RECAP
2

ANSWER to Complaint by Cleveland Construction, Inc..(jae, ) (Entered: 10/15/2004)

Oct. 14, 2004

Oct. 14, 2004

42

ORDER granting in part and denying in part 34 Motion for Protective Order . Signed by Judge Tu M. Pham. (ldc, )

Sept. 9, 2005

Sept. 9, 2005

RECAP
3

NOTICE OF SETTING: Scheduling Conference set for 12/16/2004 10:15 AM in Courtroom 6 - Memphis before Tu M. Pham. (tpe, ) (Entered: 11/16/2004)

Nov. 15, 2004

Nov. 15, 2004

53

ORDER granting Pltf's 43 MOTION for Leave to File First Amended Complaint . Signed by Judge Tu M. Pham. (ldc, )

Oct. 21, 2005

Oct. 21, 2005

RECAP
4

MOTION for Limited Admission of Timothy Downing and Bari Goggins to Appear as Counsel for Cleveland Construction, by Cleveland Construction, Inc. (tpe, ) (Entered: 11/26/2004)

Nov. 24, 2004

Nov. 24, 2004

57

ORDER AMENDING SCHEDULE. Court granted 50 MOTION to schedule and continue trial.. Discovery due by 1/31/2006. Dispositive Motions due by 3/3/2006. Proposed Pretrial Order due by 6/30/2006. Jury Trial set for 7/17/2006 09:30 AM in Courtroom 2 - Memphis before Samuel H. Mays Jr.. Pretrial Conference set for 7/7/2006 10:00 AM in Courtroom 2 - Memphis before Samuel H. Mays Jr.. Signed by Judge Samuel H. Mays Jr.. (jae, )

Nov. 7, 2005

Nov. 7, 2005

RECAP

Filing fee: $ 200.00, receipt number M91801 (tpe, ) (Entered: 11/26/2004)

Nov. 24, 2004

Nov. 24, 2004

5

MOTION for Limited Admission of Patricia Seifert to Appear as Counsel for Cleveland Construction, by Cleveland Construction, Inc. (tpe, ) (Entered: 11/26/2004)

Nov. 24, 2004

Nov. 24, 2004

Filing fee: $ 100.00, receipt number M91800 (tpe, ) (Entered: 11/26/2004)

Nov. 24, 2004

Nov. 24, 2004

6

Certificate of Consultation by Cleveland Construction, Inc. (tpe, ) (Entered: 11/26/2004)

Nov. 24, 2004

Nov. 24, 2004

7

ORDER granting [4] Motion to Appear Pro Hac Vice of Patricia L. Seifert, granting [5] Motion to Appear Pro Hac Vice of Timothy J. Downing and Bari E. Goggins. Signed by Judge Samuel H. Mays Jr. (tpe, ) (Entered: 12/06/2004)

Dec. 6, 2004

Dec. 6, 2004

8

NOTICE: REPORT OF PARTIES' PLANNING MEETING by Equal Employment Opportunity Commission, Cleveland Construction, Inc. (tpe, ) (Entered: 12/10/2004)

Dec. 9, 2004

Dec. 9, 2004

9

SCHEDULING ORDER:Initial Disclosures by 12/30/04. Amended Pleadings due by 2/16/2005. All Discovery due by 9/16/2005. Joinder of Parties due by 2/16/2005. Initial Motions to Dismiss due by 3/16/2005. Filing Dispositive Motions by 10/17/05. Signed by Judge Tu M. Pham. (tpe, ) (Entered: 12/17/2004)

Dec. 16, 2004

Dec. 16, 2004

10

Minute Entry for proceedings held before Judge Tu M. Pham : Scheduling Conference held on 12/16/2004. Amended Pleadings due by 2/16/2005. Discovery due by 9/16/2005. Joinder of Parties due by 2/16/2005. Initial Motions to Dismiss due by 3/16/2005. Rule 26 Disclosures due by 12/30/2004. Filing of Dispositive Motions by 10/17/05.Pltf Atty F. Williams, Dfns Attys T. Downing (by telephone) and L. Ovenall (Court Reporter FTR.) (tpe, ) (Entered: 12/17/2004)

Dec. 16, 2004

Dec. 16, 2004

11

NOTICE OF SETTING: Jury Trial set for 1/23/2006 09:30 AM in Courtroom 2 - Memphis before Samuel H. Mays Jr. Pretrial Conference set for 1/13/2006 10:45 AM in Courtroom 2 - Memphis before Samuel H. Mays Jr. proposed Joint Pretrial Order due in Chambers by 1/6/06. (tpe, ) (Entered: 12/22/2004)

Dec. 22, 2004

Dec. 22, 2004

12

MOTION to Compel Rule 26(a)(1)(A) Disclosures and In the Alternative, MOTION to Order Defendant to Amend it's Rule 26(a)(1)(A) Disclosures, by Equal Employment Opportunity Commission. (tpe, ) (Entered: 01/28/2005)

Jan. 27, 2005

Jan. 27, 2005

14

Certificate of Consultation by Equal Employment Opportunity Commission. (tpe, ) (Entered: 01/28/2005)

Jan. 27, 2005

Jan. 27, 2005

13

MEMORANDUM in Support re [12] MOTION to Compel Rule 26(a)(1)(A) Initial Disclosures and in the /alternative MOTION to Amend Its Dsclosures filed by Equal Employment Opportunity Commission. (tpe, ) (Entered: 01/28/2005)

Jan. 28, 2005

Jan. 28, 2005

15

Defendant's OPPOSITION to Plaintiff's Motion re [12] MOTION to Compel Disclosures and in the alternative, MOTION Directing Defendant To Amend Its Disclosures filed by Cleveland Construction, Inc.. (jae, ) (Entered: 02/16/2005)

Feb. 15, 2005

Feb. 15, 2005

16

ORDER denying [12] Plaintiff's Motion to Compel . Signed by Judge Tu M. Pham. (jae, ) (Entered: 02/23/2005)

Feb. 23, 2005

Feb. 23, 2005

17

MOTION for Leave to Appear Pro Hac Vice (James D. Ludwig) by Cleveland Construction, Inc.. (jae, ) (Entered: 05/18/2005)

May 17, 2005

May 17, 2005

Filing fee: $ 100.00, receipt number M95046 (James D. Ludwig) (jae, ) (Entered: 05/18/2005)

May 17, 2005

May 17, 2005

20

NOTICE to Take Deposition With Documents of Oliver Johnson on 6/29/05 at 9:00 a.m. by Cleveland Construction, Inc..(jae, ) (Entered: 06/06/2005)

June 3, 2005

June 3, 2005

21

NOTICE to Take Deposition With Documents of Robert Evans on 6/29/05 at 1:30 pm by Cleveland Construction, Inc..(jae, ) (Entered: 06/06/2005)

June 3, 2005

June 3, 2005

22

NOTICE to Take Deposition With Documents of Eric Calhoun on 6/30/05 at 9:00 a.m. by Cleveland Construction, Inc..(jae, ) (Entered: 06/06/2005)

June 3, 2005

June 3, 2005

23

AMENDED NOTICE to Take Deposition With Documents of Oliver Johnson on 6/29/05 at 9:00 a.m. by Cleveland Construction, Inc..(jae, ) (Entered: 06/16/2005)

June 15, 2005

June 15, 2005

24

NOTICE to Take Deposition With Documents of Robert Evans on 6/29/05 at 1:30 p.m. by Cleveland Construction, Inc..(jae, ) (Entered: 06/16/2005)

June 15, 2005

June 15, 2005

25

NOTICE to Take Deposition With Documents of Eric Calhoun on 6/30/05 at 9:00 a.m. by Cleveland Construction, Inc..(jae, ) (Entered: 06/16/2005)

June 15, 2005

June 15, 2005

26

MOTION to Amend Scheduling Order to Extend Discovery Deadlines by Cleveland Construction, Inc.. (ldc, ) (Entered: 07/13/2005)

July 12, 2005

July 12, 2005

27

MEMORANDUM in Support of MOTION to Amend Scheduling Order to Extend Discovey Deadlines filed by Cleveland Construction, Inc.. (ldc, ) (Entered: 07/13/2005)

July 12, 2005

July 12, 2005

28

CERTIFICATE of Counsel re [26] MOTION to Amend Scheduling Order by Lisa Ann Overall on behalf of Cleveland Construction, Inc. (ldc, ) (Entered: 07/13/2005)

July 12, 2005

July 12, 2005

29

RESPONSE to deft's Motion to Amend Scheduling Order to Extend Discovery Deadlines filed by Equal Employment Opportunity Commission. (ldc, ) (Entered: 07/19/2005)

July 18, 2005

July 18, 2005

30

SETTING LETTER: Scheduling Conference set for 8/5/2005 02:00 PM in Courtroom 2 - Memphis before Samuel H. Mays Jr.. (ldc, ) (Entered: 08/01/2005)

July 28, 2005

July 28, 2005

31

Minute Entry for proceedings held before Judge Samuel H. Mays Jr.: Status Conference held on 8/5/2005. Jury trial currently set 1/23/2006 with pretrial conference on 1/13/2006. Defense requests 60 day extension for expert disclosure, fact discovery and motion deadlines. Motion to amend scheduling order (#26) granted. Jury trial remains as previously set. Dft may move to withdraw its motion to compel. (Court Reporter Sharlyn Phillips.) (ldc, ) (Entered: 08/16/2005)

Aug. 5, 2005

Aug. 5, 2005

34

MOTION for Protective Order by Equal Employment Opportunity Commission. (ldc, ) (Entered: 08/29/2005)

Aug. 25, 2005

Aug. 25, 2005

35

MEMORANDUM in Support re [34] MOTION for Protective Order filed by Equal Employment Opportunity Commission. (ldc, ) (Entered: 08/29/2005)

Aug. 25, 2005

Aug. 25, 2005

36

CERTIFICATE of Counsel re [34] MOTION for Protective Order by William A. Cash, Jr on behalf of Equal Employment Opportunity Commission (ldc, ) (Entered: 08/31/2005)

Aug. 25, 2005

Aug. 25, 2005

37

Cleveland Construction, Inc.'s Memorandum in Opposition to Pltf's Motion for Protective Order and Request for Expedited Hearing (ldc, ) (Entered: 09/07/2005)

Aug. 31, 2005

Aug. 31, 2005

38

Minute Entry for proceedings held before Judge Tu M. Pham : Telephone Conference held on 9/1/2005. Pltf's Motion for Protective Order Hrg set for 9/6/2005 at 2:00 PM. (Court Reporter FTR.) (ldc, ) (Entered: 09/08/2005)

Sept. 1, 2005

Sept. 1, 2005

39

SETTING LETTER: Motion Hearing set for 9/6/2005 02:00 PM in Courtroom 6 - Memphis before Tu M. Pham. (ldc, ) (Entered: 09/08/2005)

Sept. 1, 2005

Sept. 1, 2005

41

Minute Entry for proceedings held before Judge Tu M. Pham : Motion Hearing held on 9/6/2005 re [34] MOTION for Protective Order filed by Equal Employment Opportunity Commission,. Parties are to comply w/ruling as stated in open Court. (Court Reporter FTR.) (ldc, ) (Entered: 09/12/2005)

Sept. 6, 2005

Sept. 6, 2005

40

NOTICE of Appearance by Darin B. Tuggle on behalf of Equal Employment Opportunity Commission (ldc, ) (Entered: 09/12/2005)

Sept. 12, 2005

Sept. 12, 2005

43

MOTION for Leave to File First Amended Complaint by Equal Employment Opportunity Commission. (ldc, ) (Entered: 09/16/2005)

Sept. 15, 2005

Sept. 15, 2005

44

MEMORANDUM in Support re [43] MOTION for Leave to File First Amended Complaint filed by Equal Employment Opportunity Commission. (ldc, ) (Entered: 09/16/2005)

Sept. 15, 2005

Sept. 15, 2005

45

CERTIFICATE of Counsel re [43] MOTION for Leave to File First Amended Complaint by William A. Cash, Jr on behalf of Equal Employment Opportunity Commission (ldc, ) (Entered: 09/16/2005)

Sept. 15, 2005

Sept. 15, 2005

46

NOTICE to Take Deposition of Custodian of Employment Records, Integrity Drywall on 9/26/2005 at 4:00 PM. by Cleveland Construction, Inc..(ldc, ) (Entered: 09/22/2005)

Sept. 20, 2005

Sept. 20, 2005

47

NOTICE of Substitution by Jeff Weintraub on behalf of Cleveland Construction, Inc. (ldc, ) (Entered: 09/28/2005)

Sept. 28, 2005

Sept. 28, 2005

49

RESPONSE in Opposition re [43] MOTION for Leave to File First Amended Complaint filed by Cleveland Construction, Inc.. (ldc, ) (Entered: 09/30/2005)

Sept. 29, 2005

Sept. 29, 2005

50

Dft Unopposed MOTION to Amend Scheduling Order and to Continue the Trial by Cleveland Construction, Inc.. (ldc, ) (Entered: 10/11/2005)

Oct. 6, 2005

Oct. 6, 2005

51

MEMORANDUM in Support re [50] Dft Unopposed MOTION to Amend Scheduling Order and to Continue the Trial filed by Cleveland Construction, Inc.. (ldc, ) (Entered: 10/11/2005)

Oct. 6, 2005

Oct. 6, 2005

52

SETTING LETTER:Status/ Scheduling Conference set for 10/24/2005 11:00 AM in Courtroom 2 - Memphis before Samuel H. Mays Jr.. (jae, ) (Entered: 10/20/2005)

Oct. 17, 2005

Oct. 17, 2005

54

FIRST AMENDED COMPLAINT(Nature of the Action) against Cleveland Construction, Inc. , filed by Equal Employment Opportunity Commission.(ldc, ) (Entered: 10/26/2005)

Oct. 21, 2005

Oct. 21, 2005

56

Minute Entry for proceedings held before Judge Samuel H. Mays Jr.: Status/Scheduling Conference held on 10/24/2005. Unopposed motion to continue/amend (#50) granted. Discovery deadline 1/31/2006. Dispositive motions due 3/3/2006. Pretrial conference set 7/7/2006 @ 10:00 PM. Mediation deadline 2/14/2006 (Court Reporter Sharlyn Phillips.) (ldc, ) (Entered: 10/31/2005)

Oct. 24, 2005

Oct. 24, 2005

55

SETTING LETTER: Jury Trial set for 7/17/2006 09:30 AM in Courtroom 2 - Memphis before Samuel H. Mays Jr.. Pretrial Conference set for 7/7/2006 10:00 AM in Courtroom 2 - Memphis before Samuel H. Mays Jr.. Proposed Joint Pretrial Order due 6/30/2006(ldc, ) (Entered: 10/27/2005)

Oct. 26, 2005

Oct. 26, 2005

58

ANSWER to Amended Complaint by Cleveland Construction, Inc..(ldc, ) (Entered: 11/29/2005)

Nov. 23, 2005

Nov. 23, 2005

59

NOTICE by Cleveland Construction, Inc. of Deposition of Calvin Wright (Hutton, Robbin) (Entered: 01/10/2006)

Jan. 10, 2006

Jan. 10, 2006

60

NOTICE by Cleveland Construction, Inc. of Deposition of Eric Jackson (Hutton, Robbin) (Entered: 01/10/2006)

Jan. 10, 2006

Jan. 10, 2006

61

NOTICE by Cleveland Construction, Inc. of Deposition of James Groves (Hutton, Robbin) (Entered: 01/10/2006)

Jan. 10, 2006

Jan. 10, 2006

63

NOTICE by Cleveland Construction, Inc. of Deposition of Terry Radcliff (Hutton, Robbin) (Entered: 01/10/2006)

Jan. 10, 2006

Jan. 10, 2006

64

NOTICE to Take Deposition of Custodian of Employment Records, S. Webster Haining, Co. by Cleveland Construction, Inc..(Overall, Lisa) (Entered: 01/18/2006)

Jan. 18, 2006

Jan. 18, 2006

65

Joint MOTION for Extension of Time to Complete Discovery and to File Dispositive Motions by Cleveland Construction, Inc.. (Attachments: # 1 Memorandum In Support of Joint Motion)(Hutton, Robbin) (Entered: 01/31/2006)

Jan. 31, 2006

Jan. 31, 2006

66

ORDER granting 65 Motion for Extension of Time to Complete Discovery . Signed by Judge Tu M. Pham on 2/1/06. (Pham, Tu) (Entered: 02/02/2006)

Feb. 2, 2006

Feb. 2, 2006

67

ORDER Amending Scheduling Order - Discovery ddl - 3/3/06. No other dates will be affected by the extension. Signed by Judge Tu M. Pham on 2/22/06. (Pham, Tu) (Entered: 02/22/2006)

Feb. 22, 2006

Feb. 22, 2006

68

NOTICE of Appearance by Robbin W. Hutton on behalf of Cleveland Construction, Inc. (Hutton, Robbin) (Entered: 03/20/2006)

March 20, 2006

March 20, 2006

69

MOTION for Leave to File Excess Pages in Supporting Memorandum for Summary Judgment by Cleveland Construction, Inc.. (Attachments: # 1 Memorandum # 2 Exhibit Decision Cited in Memorandum)(Hutton, Robbin) (Entered: 03/20/2006)

March 20, 2006

March 20, 2006

70

ORDER GRANTING 69 Motion for Leave to File Excess Pages. Defendant may exceed the page limitation in its supporting memorandum for summary judgment. Signed by Judge Samuel H. Mays Jr. on 3/22/06. (Mays, Samuel) (Entered: 03/22/2006)

March 22, 2006

March 22, 2006

71

MOTION for Summary Judgment by Cleveland Construction, Inc.. (Attachments: # 1 Memorandum # 2 Exhibit to Memorandum in Support of Defendant's Motion for Summary Judgment# 3 Exhibit Continuation of Exhibit to Memorandum in Support of Defendant's Motion for Summary Judgment# 4 Exhibit Conclusion Redacted)(Weintraub, Jeff) Modified on 4/4/2006 per entry of order on 4/4/06 (fsh). (Entered: 03/24/2006)

March 24, 2006

March 24, 2006

72

MOTION for Leave to File and Substitute Attachment to Summary Judgment, Identified as Exhibit Conclusion with Exhibit Conclusion Redacted by Cleveland Construction, Inc.. (Attachments: # 1 Memorandum In Support of Motion to Substitute Attachment to Summary Judgment# 2 Exhibit Conclusion Redacted)(Hutton, Robbin) (Entered: 03/27/2006)

March 27, 2006

March 27, 2006

73

MOTION to Substitute Attorney (Proposed Order submitted) by Equal Employment Opportunity Commission. (Rapport, Adele) (Entered: 03/28/2006)

March 28, 2006

March 28, 2006

74

ORDER granting 72 Motion for Leave to Substitute Attachment. Defendant may substitute attachment four, "Exhibit Conclusion," with "Exhibit Conclusion Redacted." The clerk of court is directed to attach the substituted document to the defendant's motion for summary judgment which was filed on 3/24/06. Signed by Judge Samuel H. Mays Jr. on 4/3/06. (Mays, Samuel) (Entered: 04/04/2006)

April 4, 2006

April 4, 2006

75

ORDER granting 73 Motion to Substitute Attorney. Added attorney Adele Rapport for Equal Employment Opportunity Commission. Attorney Katharine W. Kores terminated. Signed by Judge Samuel H. Mays Jr. on 4/5/06. (Mays, Samuel) (Entered: 04/06/2006)

April 6, 2006

April 6, 2006

76

MOTION for Extension of Time to File Response/Reply proposed Order submitted by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in Support of Enlargement of Time to Respond to Defendant's Motion for Summary Judgment# 2 Affidavit of Darin B. Tuggle)(Tuggle, Darin) Modified on 4/21/2006 to edit text (fsh). (Entered: 04/20/2006)

April 20, 2006

April 20, 2006

77

ORDER Granting 76 Motion for Extension of Time to File Response re 71 MOTION for Summary Judgment. Response due by 5/2/2006. Signed by Judge Samuel H. Mays Jr. on 4/27/06. (Mays, Samuel) (Entered: 04/28/2006)

April 28, 2006

April 28, 2006

78

RESPONSE to Motion re 71 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum # 2 Appendix of Exhibits in Support of Memorandum# 3 Exhibit Excerpts of Keith Montgomery, Exhibit !# 4 Exhibit Lynn Littlejohn deposition excerpts, Exhibit 2# 5 Exhibit Calvin Wright deposition excerpts from Vol I [CORRECTED AT ENTRY 79] Exhibit 3# 6 Exhibit Calvin Wright deposition excerpts from Vol II,[CORRECTED AT ENTRY 79] Exhibit 3# 7 Exhibit Oliver Johnson deposition excerpts [CORRECTED AT ENTRY 79], Exhibit 4# 8 Exhibit Cleveland Construction Daily Timesheets, Exhibit 5# (9) Exhibit Lopez documents, Exhibit 6# (10) Exhibit Montes documents, Exhibit 7# (11) Exhibit Matras documents, Exhibit 8# (12) Exhibit J. Tamay documents, Exhibit 9# (13) Exhibit Luis Cela-Tamay documents, Exhibit 10# (14) Exhibit J Quillay document, Exhibit 11# (15) Exhibit Oliver Johnson Charge of Discrimination, Exhibit 12# 16 Exhibit Robert Evans deposition excerpts [CORRECTED AT ENTRY 79], Exhibit 13# (17) Exhibit Robert Evans Employee Status form, Exhibit 14# 18 Exhibit Sal Palm affidavit re Robert Evans, Exhibit 15# (19) Exhibit Certified Payroll Report, Exhibit 16# (20) Exhibit Robert Evans Charge of Discrimination, Exhibit 17# 21 Exhibit Eric Calhoun deposition excerpts,[CORRECTED AT ENTRY 79] Exhibit 18# (22) Exhibit Eric Calhoun Charge of Discrimination, Exhibit 19# (23) Exhibit Eric Jackson Employee Status form, Exhibit 20# 24 Exhibit Eric Jackson deposition excerpts, Exhibit 21# 25 Exhibit Terry Radcliff deposition excerpts of Vol I,[CORRECTED AT ENTRY 79] Exhibit 22# 26 Exhibit Terry Radcliff deposition excerpts of Vol II,[CORRECTED AT ENTRY 79 Exhibit 22# 27 Exhibit Roy Madison deposition excerpts,[CORRECTED AT ENTRY 79} Exhibit 23# ,(28) Exhibit Sal Palma deposition excerpts,[CORRECTED AT ENTRY 79 Exhibit 24# 29 Exhibit Mortensen Safety & Health Plan, Exhibit 25# (30) Exhibit Russell Bennett Employee status form, Exhibit 27# (31) Exhibit Russell Bennett Questionnaire, Exhibit 28# 32 Exhibit CCI Employee Safety handbook, Exhibit 29# 33 Exhibit Roy Madison disciplinary notice, Exhibit 30# 34 Exhibit Defendant's Response to Plaintiff's First Interrogatories, Exhibit 31# 35 Exhibit Defendant's Response to Plaintiff's Second Request for Admissions, Exhibit 32# 36 Exhibit Oliver Johnson Notice of Charge, Exhibit 33# 37 Exhibit Robert Evans Notice of Charge, Exhibit 33# 38 Exhibit Eric Calhoun Notice of Charge, Exhibit 33# 39 Plaintiff's Response to Defendant's Statement of Undisputed Facts)(Cash, William)[Additional attachment added at entry 79] Modified on 5/3/2006 to edit text (fsh). Modified on 5/4/2006 to seal exhibits (fsh). (Entered: 05/02/2006)

May 2, 2006

May 2, 2006

79

Notice of Correction to 78 Response to Motion,,,,,,,,, and to submit an inadvertently omitted Exhibit . (Attachments: # 1 Exhibit Excerpts of Lynn Littlejohn deposition# 2 Exhibit Excerpts of Calvin Wright, Vol. I# 3 Exhibit Excerpts of Calvin Wright deposition, Vol II# 4 Exhibit Excerpts of Oliver Johnson deposition# 5 Exhibit Excerpts of Robert Evans deposition# 6 Exhibit Excerpts of Eric Calhoun deposition# 7 Exhibit Excerpts of Terry Radcliff, Vol. I# 8 Exhibit Excerpts of Terry Radcliff deposition, Vol II# 9 Exhibit Excerpts of Roy Madison deposition# 10 Exhibit Excerpts of Sal Palma deposition# 11 Exhibit Declaration of Jerome Williams)(Cash, William) (Entered: 05/03/2006)

May 3, 2006

May 3, 2006

80

Notice of Correction to 78 Response to Motion,,,,,,,,,,, To Redact Sensitive Information . (Attachments: # 1 Exhibit (#9) Lopez Personnel docs.# 2 Exhibit (#10) Montes documents# 3 Exhibit (#11) Matras documents# 4 Errata (#12) J. Tamay documents# 5 Exhibit (#13) Luis Cela-Tamay documents# 6 Exhibit (#14) J. Quillay documents# 7 Exhibit (#15) Oliver Johnson Charge of Disc.# 8 Exhibit (#17) Robert Evans Emp. Status form# 9 Exhibit (#19) Certified Payroll Report# 10 Exhibit (#20) Robert Evans Charge of Disc.# 11 Exhibit (#22) Eric Calhoun Charge of Disc.# 12 Exhibit (#23) Eric Jackson Emp. Status form# 13 Exhibit (#30) Russell Bennett Emp. Status form# 14 Exhibit (#31) Russell Bennett Questionnaire)(Cash, William) (Entered: 05/04/2006)

May 4, 2006

May 4, 2006

81

MOTION in Limine to Exclude Testimony from Defendant's Designation Expert Witness by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in Support of Motion in Limine# 2 Exhibit No. 1 - Defendant's Designation of Expert Report# 3 Exhibit No. 2 - The Changing Composition of the Labor Market, 2000-2004# 4 Exhibit No. 3 - Supplemental Report to the Changing Composition of the Labor Market, 2000-2004# 5 Exhibit No. 4 - Dr. Gnuschke Deposition Excerpts)(Williams, Faye) (Entered: 05/11/2006)

May 11, 2006

May 11, 2006

82

MOTION for Leave to File a Reply Brief to Plaintiff's Response to Defendant's Motion for Summary Judgment by Cleveland Construction, Inc.. (Attachments: # 1 Memorandum in Support of Motion Seeking Permission for Defendant to File a Reply Brief to Plaintiff's Response to Summary Judgment)(Weintraub, Jeff) (Entered: 05/12/2006)

May 12, 2006

May 12, 2006

83

ORDER Granting 82 Motion for Leave to File Reply. Defendant may file a reply in further support of its motion for summary judgment. Signed by Judge Samuel H. Mays Jr. on 5/19/06. (Mays, Samuel) (Entered: 05/22/2006)

May 22, 2006

May 22, 2006

84

RESPONSE in Opposition re 81 MOTION in Limine to Exclude Testimony from Defendant's Designation Expert Witness filed by Cleveland Construction, Inc.. (Attachments: # 1Deposition transcript of John Gnuschke, Ph.D)(Weintraub, Jeff) Modified on 5/31/2006 to add description of attachment (jae, ). (Entered: 05/26/2006)

May 26, 2006

May 26, 2006

85

COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 84 Response in Opposition to Motion, filed by Cleveland Construction, Inc., has been filed. For future reference, please note: When including attachments, please provide a description of the document. Clerk has edited text to include description of attachment. Filer is not required to resubmit document. (jae, ) (Entered: 05/31/2006)

May 31, 2006

May 31, 2006

86

MOTION to Quash Proposed Order Submitted by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in Support of Motion to Quash or For A Protective Order# 2 Exhibit No. 1 - Subpoenas for Employment Records# 3 Exhibit No. 2 - Plaintiff's Response to Defendants 4th Set of Interrogatories# 4 Exhibit No. 3 - Letter to Weintraub dated May 5, 2006# 5 Exhibit No. 4 - Unreported Case - Quillan v. Easton Sports# 6 Certificate of Consultation)(Tuggle, Darin) (Entered: 06/01/2006)

June 1, 2006

June 1, 2006

87

REPLY to Response to Motion re 78 Response to Motion,,,,,,,,,,, for Summary Judgment by Defendant filed by Cleveland Construction, Inc.. (Attachments: # 1 Exhibit 1 Madison Depo., Exhibit 2 Wright Depo., Exhibit 3 Montgomery Depo.)(Weintraub, Jeff) (Entered: 06/01/2006)

June 1, 2006

June 1, 2006

88

REQUEST by Cleveland Construction, Inc. For Oral Argument re 81 MOTION in Limine to Exclude Testimony from Defendant's Designation Expert Witness (Weintraub, Jeff) Modified on 6/2/2006 to edit text (jae, ). (Entered: 06/01/2006)

June 1, 2006

June 1, 2006

89

RESPONSE by Equal Employment Opportunity Commission re 88 Notice (Other) Response to Defendant's Request for Oral Argument (Williams, Faye) Modified on 6/5/2006 to edit text (fsh). (Entered: 06/02/2006)

June 2, 2006

June 2, 2006

90

MOTION Issue Third Party Subpoena and Response in Opposition to EEOC Motion to Quash re 86 MOTION to Quash Proposed Order Submitted by Cleveland Construction, Inc.. (Attachments: # 1 Certificate of Consultation # 2 Memorandum in Support of Motion for Third Party Subpoena and Response in Opposition to EEOC Motion to Quash# 3 Exhibit 1-3 to Memorandum in Support# 4 Exhibit 4 and copy of case)(Weintraub, Jeff) (Entered: 06/05/2006)

June 5, 2006

June 5, 2006

91

COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 90 MOTION Issue Third Party Subpoena and Response in Opposition to EEOC Motion to Quash re 86 MOTION to Quash Proposed Order Submitted filed by Cleveland Construction, Inc., has been filed. For future reference, please note Exhibits should be attached individually, not together as in Exhibit 1-3. If you have any questions please contact the help desk. Filer is not required to resubmit document. (fsh) (Entered: 06/06/2006)

June 6, 2006

June 6, 2006

92

ORDER REFERRING MOTION: 86 MOTION to Quash or for Protective Order, filed by Equal Employment Opportunity Commission is referred to Magistrate Judge Tu Pham for determination. Signed by Judge Samuel H. Mays Jr. on 6/6/06. (Mays, Samuel) (Entered: 06/07/2006)

June 7, 2006

June 7, 2006

93

First MOTION in Limine to Prohibit EEOC, Should the Testimony of Defendant's Expert by Excluded from Indentifying by Name or Ethnicity those Employees Hired by Defendant, Other than Charging Parties and Class Members by Cleveland Construction, Inc.. (Attachments: # 1)(Weintraub, Jeff) (Entered: 06/09/2006)

June 9, 2006

June 9, 2006

94

ORDER granting 86 Plaintiff's Motion to Quash or for a Protective Order, and denying 90 Defendant's Motion Seeking Permission to Subpoena Documents from Third Parties. Signed by Judge Tu M. Pham on 6/8/06. (Pham, Tu) (Entered: 06/09/2006)

June 9, 2006

June 9, 2006

96

MOTION For Leave of Court to Take the Deposition of Jerome Williams by Cleveland Construction, Inc.. (Attachments: # 1 Certificate of Consultation # 2 Memorandum In Support of Motion for Leave of Court to Take the Deposition of Jerome Williams)(Weintraub, Jeff) (Entered: 06/15/2006)

June 15, 2006

June 15, 2006

97

[CORRECTED FILING AT ENTRY #99]Witness List by Cleveland Construction, Inc.. (Weintraub, Jeff) Modified on 6/20/2006 (fsh). (Entered: 06/16/2006)

June 16, 2006

June 16, 2006

98

COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document [97] Witness List filed by Cleveland Construction, Inc., has been filed. For future reference, please note that document should be filed as a "Notice." Per phone conversation filer is resubmitting document using correct event. (fsh) (Entered: 06/19/2006)

June 19, 2006

June 19, 2006

99

NOTICE by Cleveland Construction, Inc. filing Rule 26(a)(3) Disclosures (Weintraub, Jeff) (Entered: 06/19/2006)

June 19, 2006

June 19, 2006

100

ORDER REFERRING MOTION: 96 MOTION For Leave of Court to Take the Deposition of Jerome Williams filed by Cleveland Construction, Inc. This motion is referred to Magistrate Judge Pham for determination. Signed by Judge Samuel H. Mays Jr. on 6/20/06. (Mays, Samuel) (Entered: 06/21/2006)

June 21, 2006

June 21, 2006

101

RESPONSE in Opposition to Motion re 93 First MOTION in Limine to Prohibit EEOC, Should the Testimony of Defendant's Expert by Excluded from Indentifying by Name or Ethnicity those Employees Hired by Defendant, Other than Charging Parties and Class Members (Proposed Order Submitted) filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit No. 1 - Sal Palma Deposition Excerpts)(Tuggle, Darin) Modified on 6/22/2006 to edit text (fsh). (Entered: 06/21/2006)

June 21, 2006

June 21, 2006

102

MOTION in Limine to Exclude Evidence of Plaintiff's Determination Letter of Each Charging Party by Cleveland Construction, Inc.. (Attachments: # 1 Memorandum in Support of Motion# 2 Exhibit 1 Collective of Determination Letter)(Weintraub, Jeff) (Entered: 06/22/2006)

June 22, 2006

June 22, 2006

Case Details

State / Territory: Tennessee

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 15, 2004

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of six 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

Cleveland Construction, Inc. (Wartburg, TN), Private Entity/Person

Case Details

Causes of Action:

42 U.S.C. § 1981

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

Availably Documents:

Trial Court Docket

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

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: 93875

Order Duration: 2006 - 2007

Content of Injunction:

Retaliation Prohibition

Expungement of Employment Record

Neutral/Positive Reference

Discrimination Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Issues

General:

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits