Case: EEOC v. STOWE-PHARR MILLS INC (d/b/a PHARR YARNS)

3:97-cv-00150 | U.S. District Court for the Western District of North Carolina

Filed Date: April 1, 1997

Closed Date: Jan. 14, 2002

Clearinghouse coding complete

Case Summary

In April 1997, the Charlotte District Office of the EEOC brought this suit against Stowe-Pharr Mills, Inc. (d/b/a Pharr Yarns), a textile manufacturer, in the U.S. District Court for the Western District of North Carolina. We do not have a copy of the complaint. However, according to the consent decree, the complaint alleged that the defendant violated the Americans with Disabilities Act of 1990 ("ADA") by failing to reasonably accommodate the charging party's disability, osteoarthritis, and …

In April 1997, the Charlotte District Office of the EEOC brought this suit against Stowe-Pharr Mills, Inc. (d/b/a Pharr Yarns), a textile manufacturer, in the U.S. District Court for the Western District of North Carolina. We do not have a copy of the complaint. However, according to the consent decree, the complaint alleged that the defendant violated the Americans with Disabilities Act of 1990 ("ADA") by failing to reasonably accommodate the charging party's disability, osteoarthritis, and by terminating her as a result of her disability. In July 1998, the defendant filed a motion for summary judgment. The motion was granted in November 1998, and a judgment was entered in favor of the defendant dismissing the case. The EEOC filed a notice of appeal in January 1999, and the U.S. Court of Appeals reversed and remanded the case in August 2000. See E.E.O.C. v. Stowe-Pharr Mills, Inc., 216 F.3d 373 (4th Cir. 2000). The defendant then filed another motion for summary judgment which was denied in April 2001. The parties finally settled in September 2001 through a consent decree.

The two-year decree contained a non-discrimination clause and required the defendant to: expunge the charging party's personnel file from all references to the charge of discrimination, provide her with a neutral job reference, and pay her $20,000. In addition, the defendant agreed to: post an employee notice, provide ADA training for all its supervisors and managers, and report to the EEOC annually.

Summary Authors

Kevin Wilemon (6/19/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/13818911/parties/equal-empl-opportuni-v-stowe-pharr-mills-in/


Judge(s)

Mullen, Graham Calder (North Carolina)

Attorney for Plaintiff

Angel, Kirk J. (North Carolina)

Brodeur, Laura A. (North Carolina)

Haden, Kara Gibbon (North Carolina)

Attorney for Defendant

VanHoy, Philip M. (North Carolina)

Documents in the Clearinghouse

Documents in this case

3:97-cv-00150

Docket (PACER)

Equal Employment Opportunity Commission v. Stowe-Pharr Mills, Inc.

Oct. 15, 2003

Oct. 15, 2003

Docket

99-01040

Opinion [Court of Appeals]

Equal Employment Opportunity Commission v. Stowe-Pharr Mills, Inc.

U.S. Court of Appeals for the Fourth Circuit

June 19, 2000

June 19, 2000

Order/Opinion

216 F.3d 373

43

3:97-cv-00150

Order [Regarding Defendant's Motion for Summary Judgment]

Equal Employment Opportunity Commission v. Stowe-Pharr Mills, Inc.

April 24, 2001

April 24, 2001

Order/Opinion
50

3:97-cv-00150

Consent Decree

Equal Employment Opportunity Commission v. Stowe-Pharr Mills, Inc.

Sept. 28, 2001

Sept. 28, 2001

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/13818911/equal-empl-opportuni-v-stowe-pharr-mills-in/

Last updated Nov. 4, 2026, 7:24 p.m.

Docket for: Equal Empl Opportuni v. Stowe-Pharr Mills In
ECF Number Date Description Link
1 April 1, 1997

COMPLAINT (clc) (Entered: 04/14/1997)

RECAP
2 April 1, 1997

NOTICE of lawsuit and request for waiver of svc of summons by Equal Empl Opportuni (clc) (Entered: 04/14/1997)

RECAP
3 June 3, 1997

ANSWER to Complaint by Stowe-Pharr Mills In (Attorney Philip M. Van Hoy), (clc) (Entered: 06/03/1997)

RECAP
4 June 3, 1997

ANSWER to Complaint by Stowe-Pharr Mills In (clc) (Entered: 06/05/1997)

RECAP
June 9, 1997

Memo from Clerk re: CJRA Plan - Last Answer recv'd: 6/3/97, Initial Atty Conf Due: 6/24/97 , Certificate of Atty Conf Due: 7/1/97 (clc) (Entered: 06/09/1997)

PACER
June 9, 1997

Memo from Clerk re: CJRA Plan - Last Answer recv'd: 6/3/97, Initial Atty Conf Due: 6/24/97, Certificate of Atty Conf Due: 7/1/97 (clc)

6 June 11, 1997

Decision to "OPT OUT" of Proceeding Before a Magistrate Judge (clc) (Entered: 06/13/1997)

RECAP
June 11, 1997

CASE reassigned to Judge Graham C. Mullen due to filing of "opt out" (clc)

5 June 12, 1997

WAIVER OF SERVICE Returned Executed as to Stowe-Pharr Mills In 4/8/97 Answer due on 6/7/97 for Stowe-Pharr Mills In (clc) (Entered: 06/12/1997)

RECAP
7 June 18, 1997

Certificate of I.A.C. by plaintiff Equal Empl Opportuni, defendant Stowe-Pharr Mills In (former emp) (Entered: 06/18/1997)

RECAP
8 July 31, 1997

IPC ORDER Discovery deadline is 4/17/98 Motion filing deadline is 5/17/98 Jury Trial set for 9/1/98; suitalbe for mediation ( signed by Judge Graham C. Mullen ) (former emp) (Entered: 07/31/1997)

RECAP
July 31, 1997

Case assigned to the Standard Track pursuant to the Case Mgmt Plan and Pretrial Order. (former emp) (Entered: 07/31/1997)

PACER
July 31, 1997

Case assigned to the Standard Track pursuant to the Case Mgmt Plan and Pretrial Order. (former emp)

9 Aug. 20, 1997

IPC ORDER setting case management plan and case ddls ( signed by Judge Graham C. Mullen ) - This is a duplicate IPC order. (bsw) (Entered: 09/05/1997)

RECAP
10 Aug. 25, 1997

ORDER, Vacating the pre-trial Order issued on August 20, 1997 ( signed by Judge Graham C. Mullen ) (chh) Modified on 09/05/1997 (Entered: 08/26/1997)

RECAP
11 Feb. 17, 1998

MEMORANDUM by Stowe-Pharr Mills In in support of [11-1] motion for Leave to File Amended Answer by Stowe-Pharr Mills In (chh) (Entered: 02/18/1998)

RECAP
12 Feb. 23, 1998

ORDER granting [11-1] motion for Leave to File Amended Answer ( signed by Judge Graham C. Mullen ) (chh) (Entered: 02/24/1998)

RECAP
13 Feb. 24, 1998

AMENDED ANSWER to Complaint by Stowe-Pharr Mills In : amends [4-1] answer by Stowe-Pharr Mills In (chh) (Entered: 02/24/1998)

RECAP
14 Feb. 24, 1998

ORDER referring case to ADR. Gary Hemric appointed. ( signed by Judge Graham C. Mullen ) (bsw) (Entered: 03/03/1998)

RECAP
15 April 8, 1998

MOTION by Stowe-Pharr Mills In to Extend to 60 days for the present ddls for discovery and for the filing of dispositive motions. referred to: Judge Graham C. Mullen (chh) (Entered: 04/09/1998)

RECAP
16 April 10, 1998

ORDER granting [15-1] motion to Extend to 60 days for the present ddls for discovery and for the filing of dispositive motions., reset Discovery deadline to 6/16/98, and reset Motion Filing deadline to 7/16/98 ( signed by Judge Graham C. Mullen ) (chh) (Entered: 04/13/1998)

RECAP
17 July 16, 1998

MOTION by Stowe-Pharr Mills In for Summary Judgment referred to: Judge Graham C. Mullen (jlk) (Entered: 07/16/1998)

RECAP
18 July 16, 1998

MEMORANDUM by Stowe-Pharr Mills In in support of [17-1] motion for Summary Judgment by Stowe-Pharr Mills In (jlk) (Entered: 07/16/1998)

RECAP
July 16, 1998

Jury Trial set at 9:30 9/8/98 (chh) (Entered: 07/16/1998)

PACER
July 16, 1998

Jury Trial set at 9:30 9/8/98 (chh)

19 July 29, 1998

MOTION w/prop Order by Stowe-Pharr Mills In to Continue trial referred to: Judge Graham C. Mullen (chh) (Entered: 07/29/1998)

RECAP
20 July 30, 1998

ORDER granting [19-1] motion to Continue trial from the September 1998 term to a subsequent civil jury term. ( signed by Judge Graham C. Mullen ) (chh) (Entered: 07/31/1998)

RECAP
21 Aug. 10, 1998

RESPONSE by EEOC to [17-1] motion for Summary Judgment by Stowe-Pharr Mills In (chh) (Entered: 08/12/1998)

RECAP
22 Aug. 10, 1998

AFFIDAVIT of Catherine Treece filed by EEOC re: [17-1] motion for Summary Judgment (chh) (Entered: 08/12/1998)

RECAP
23 Aug. 10, 1998

AFFIDAVIT w/exhibits of Michel D. Vaughan filed by EEOC re: [17-1] motion for Summary Judgment (chh) (Entered: 08/12/1998)

RECAP
24 Aug. 21, 1998

REPLY by Stowe-Pharr Mills In to response to [17-1] motion for Summary Judgment by Stowe-Pharr Mills In (chh) (Entered: 08/24/1998)

RECAP
25 Oct. 21, 1998

ORDER, Continuing to the March 1999 civil term of Court ( signed by Judge Graham C. Mullen ) (chh) (Entered: 10/21/1998)

RECAP
26 Nov. 9, 1998

ORDER granting [17-1] motion for Summary Judgment ( signed by Judge Graham C. Mullen ) Judgment Volume: 44B Page: 201 (former emp) (Entered: 11/10/1998)

RECAP
27 Nov. 9, 1998

JUDGMENT for Stowe-Pharr Mills In against EEOC dismissing case in accordance w/ the Court's order of 11/9/98; ( signed by Judge Graham C. Mullen ) Judgment Volume: 44B Page: 201 (former emp) (Entered: 11/10/1998)

RECAP
Nov. 10, 1998

Case closed (former emp) (Entered: 11/10/1998)

PACER
Nov. 10, 1998

Case closed (former emp)

28 Jan. 5, 1999

NOTICE OF APPEAL by EEOC . Order appealed: 11/9/98, Appeal pkg sent to atty. (former emp) (Entered: 01/05/1999)

RECAP
Jan. 5, 1999

Transmitted Notice of Appeal to USCA with certified copy of docket sheet and order re: [28-1] appeal by EEOC (former emp) (Entered: 01/05/1999)

PACER
Jan. 5, 1999

Transmitted Notice of Appeal to USCA with certified copy of docket sheet and order re: [28-1] appeal by EEOC (former emp)

Jan. 21, 1999

Transmitted Clerk's Certificate to USCA certifying record is complete re: [28-1] appeal by EEOC (former emp) (Entered: 01/21/1999)

PACER
Jan. 21, 1999

Transmitted Clerk's Certificate to USCA certifying record is complete re: [28-1] appeal by EEOC (former emp)

29 June 21, 2000

Published Opinion from Fourth Circuit Court of Appeals. Reversing and remanding (former emp) (Entered: 07/13/2000)

RECAP
30 Aug. 25, 2000

JUDGMENT OF USCA (certified copy) Re: reversing [28-1] appeal and remanding to the District Ct for further proceedings (former emp) (Entered: 08/28/2000)

RECAP
Aug. 25, 2000

Case reopened (former emp) (Entered: 08/28/2000)

PACER
Aug. 25, 2000

Case reopened (former emp)

31 Oct. 26, 2000

NOTICE of Attorney Appearance for EEOC by Erania M. Ebron-Fubara, Laura A. Brodeur (former emp) (Entered: 10/30/2000)

RECAP
32 Oct. 26, 2000

MOTION by EEOC for Michael D. Vaughan to Withdraw as Attorney (former emp) (Entered: 10/30/2000)

RECAP
33 Nov. 2, 2000

ORDER granting [32-1] motion for Michael D. Vaughan to Withdraw as Attorney (Terminated attorney Michel D. Vaughan for EEOC ( signed by Judge Graham C. Mullen ) [EOD DATE: 11/6/00] (former emp) (Entered: 11/06/2000)

RECAP
34 Dec. 14, 2000

ORDER, set Status Report deadline to 1/31/01, set Motion Filing deadline to 2/28/01 ( signed by Judge Graham C. Mullen ) [EOD DATE: 12/17/00] (former emp) (Entered: 12/17/2000)

RECAP
35 Jan. 22, 2001

Joint STATUS REPORT by EEOC, Stowe-Pharr Mills In (former emp) (Entered: 01/26/2001)

RECAP
36 Jan. 22, 2001

STIPULATION by EEOC, Stowe-Pharr Mills In regarding calculation of back pay (former emp) (Entered: 01/26/2001)

RECAP
37 Feb. 28, 2001

MOTION by Stowe-Pharr Mills In for Summary Judgment (former emp) (Entered: 03/06/2001)

RECAP
38 Feb. 28, 2001

MEMORANDUM by Stowe-Pharr Mills In in support of [37-1] motion for Summary Judgment by Stowe-Pharr Mills In (former emp) (Entered: 03/07/2001)

RECAP
39 March 20, 2001

RESPONSE by EEOC to [37-1] motion for Summary Judgment by Stowe-Pharr Mills In (former emp) (Entered: 03/26/2001)

RECAP
40 March 29, 2001

MOTION by Stowe-Pharr Mills In to Extend Time until 4/13/01 to file reply in support of motion for summary jgmt (former emp) (Entered: 04/04/2001)

RECAP
41 April 2, 2001

ORDER granting [40-1] motion to Extend Time until 4/13/01 to file reply in support of motion for summary jgmt ( signed by Judge Graham C. Mullen ) [EOD DATE: 4/9/01] (former emp) (Entered: 04/09/2001)

RECAP
42 April 12, 2001

REPLY by Stowe-Pharr Mills In to response to [37-1] motion for Summary Judgment by Stowe-Pharr Mills In (clc) (Entered: 04/18/2001)

RECAP
43 April 24, 2001

ORDER denying [37-1] motion for Summary Judgment ( signed by Judge Graham C. Mullen ) [EOD DATE: 4/26/01] (former emp) (Entered: 04/26/2001)

RECAP
44 May 9, 2001

ORDER, set Jury Trial for 9:30 9/10/01 before Judge Graham C. Mullen ( signed by Judge Graham C. Mullen ) [EOD DATE: 5/15/01] (former emp) (Entered: 05/15/2001)

RECAP
July 24, 2001

Deadline updated; reset Jury Trial for 9:30 9/18/01 before Judge Graham C. Mullen GCM conflict (jlk) (Entered: 07/24/2001)

PACER
July 24, 2001

Deadline updated; reset Jury Trial for 9:30 9/18/01 before Judge Graham C. Mullen GCM conflict (jlk)

45 Aug. 6, 2001

MOTION by EEOC for Erania Ebron-Fubara to Withdraw as Attorney (former emp) (Entered: 08/09/2001)

RECAP
46 Aug. 6, 2001

NOTICE of Attorney Appearance for EEOC by Kara L. Gibbon Haden, Kirk J. Angel (former emp) (Entered: 08/09/2001)

RECAP
47 Aug. 7, 2001

ORDER granting [45-1] motion for Erania Ebron-Fubara to Withdraw as Attorney (Terminated attorney Erania M. Ebron-Fubara for EEOC ( signed by Judge Graham C. Mullen ) [EOD DATE: 8/10/01] (former emp) (Entered: 08/10/2001)

RECAP
48 Aug. 20, 2001

JOINT MOTION by EEOC, Stowe-Pharr Mills In to Continue matter past the 9/8/01 trial term referred to: Judge Graham C. Mullen (former emp) (Entered: 08/24/2001)

RECAP
49 Aug. 22, 2001

ORDER granting [48-1] joint motion to Continue matter past the 9/8/01 trial term, reset Jury Trial for 9:30 3/4/02 before Judge Graham C. Mullen ( signed by Judge Graham C. Mullen ) [EOD DATE: 8/27/01] (former emp) (Entered: 08/27/2001)

RECAP
50 Sept. 28, 2001

ORDER, Consent Decree ( signed by Judge Graham C. Mullen ) [EOD DATE: 10/3/01] (former emp) (Entered: 10/03/2001)

RECAP
Jan. 14, 2002

Case closed (former emp) (Entered: 01/14/2002)

PACER
Jan. 14, 2002

Case closed (former emp)

51 Aug. 7, 2002

Ltr from Philip Van Hoy to Pltf's cnsl re: reporting requiremts of 9/29/01 consent decree (bsw) (Entered: 08/09/2002)

RECAP
52 Oct. 14, 2003

MOTION by Stowe-Pharr Mills In to terminate jurisdiction over this case (clc) (Entered: 10/15/2003)

RECAP
53 Oct. 15, 2003

ORDER granting [52-1] motion to terminate jurisdiction over this case ( signed by Judge Graham C. Mullen ) [EOD DATE: 10/15/03] (clc) (Entered: 10/15/2003)

RECAP

Case Details

State / Territory:

North Carolina

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: April 1, 1997

Closing Date: Jan. 14, 2002

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

Stowe-Pharr Mills, Inc.

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101 et seq.

Other Dockets:

Western District of North Carolina 3:97-cv-00150

U.S. Court of Appeals for the Fourth Circuit 99-01040

Available Documents:

Any published opinion

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Content of Injunction:

Discrimination Prohibition

Expungement of Employment Record

Monitoring

Neutral/Positive Reference

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Amount Defendant Pays: 20000

Order Duration: 1998 - 2000

Issues

Discrimination Area:

Accommodation / Leave

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Discrimination Basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits

Recommended Citation