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)

Documents in the Clearinghouse

Document

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
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

Last updated Aug. 28, 2022, 3:19 a.m.

ECF Number Description Date Link Date / Link
1

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

April 1, 1997

April 1, 1997

2

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

April 1, 1997

April 1, 1997

3

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

June 3, 1997

June 3, 1997

4

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

June 3, 1997

June 3, 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)

June 9, 1997

June 9, 1997

6

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

June 11, 1997

June 11, 1997

5

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)

June 12, 1997

June 12, 1997

7

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

June 18, 1997

June 18, 1997

8

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)

July 31, 1997

July 31, 1997

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

July 31, 1997

July 31, 1997

9

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)

Aug. 20, 1997

Aug. 20, 1997

10

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)

Aug. 25, 1997

Aug. 25, 1997

11

MOTION w/prop Order by Stowe-Pharr Mills In for Leave to File Amended Answer referred to: Judge Graham C. Mullen (chh) (Entered: 02/18/1998)

Feb. 17, 1998

Feb. 17, 1998

11

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)

Feb. 17, 1998

Feb. 17, 1998

12

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

Feb. 23, 1998

Feb. 23, 1998

13

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

Feb. 24, 1998

Feb. 24, 1998

14

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

Feb. 24, 1998

Feb. 24, 1998

15

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)

April 8, 1998

April 8, 1998

16

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)

April 10, 1998

April 10, 1998

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

July 16, 1998

July 16, 1998

17

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

July 16, 1998

July 16, 1998

18

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)

July 16, 1998

July 16, 1998

19

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

July 29, 1998

July 29, 1998

21

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

Aug. 10, 1998

Aug. 10, 1998

22

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

Aug. 10, 1998

Aug. 10, 1998

23

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

Aug. 10, 1998

Aug. 10, 1998

24

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)

Aug. 21, 1998

Aug. 21, 1998

25

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

Oct. 21, 1998

Oct. 21, 1998

26

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)

Nov. 9, 1998

Nov. 9, 1998

27

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)

Nov. 9, 1998

Nov. 9, 1998

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

Nov. 10, 1998

Nov. 10, 1998

28

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

Jan. 5, 1999

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)

Jan. 5, 1999

Jan. 5, 1999

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

Jan. 21, 1999

Jan. 21, 1999

29

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

June 21, 2000

June 21, 2000

30

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)

Aug. 25, 2000

Aug. 25, 2000

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

Aug. 25, 2000

Aug. 25, 2000

31

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

Oct. 26, 2000

Oct. 26, 2000

32

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

Oct. 26, 2000

Oct. 26, 2000

33

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)

Nov. 2, 2000

Nov. 2, 2000

35

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

Jan. 22, 2001

Jan. 22, 2001

36

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

Jan. 22, 2001

Jan. 22, 2001

37

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

Feb. 28, 2001

Feb. 28, 2001

38

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)

Feb. 28, 2001

Feb. 28, 2001

39

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

March 20, 2001

March 20, 2001

40

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)

March 29, 2001

March 29, 2001

41

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)

April 2, 2001

April 2, 2001

42

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)

April 12, 2001

April 12, 2001

43

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)

April 24, 2001

April 24, 2001

44

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)

May 9, 2001

May 9, 2001

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

July 24, 2001

July 24, 2001

45

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

Aug. 6, 2001

Aug. 6, 2001

46

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

Aug. 6, 2001

Aug. 6, 2001

47

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)

Aug. 7, 2001

Aug. 7, 2001

48

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)

Aug. 20, 2001

Aug. 20, 2001

49

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)

Aug. 22, 2001

Aug. 22, 2001

50

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

Sept. 28, 2001

Sept. 28, 2001

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

Jan. 14, 2002

Jan. 14, 2002

51

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

Aug. 7, 2002

Aug. 7, 2002

52

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

Oct. 14, 2003

Oct. 14, 2003

53

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)

Oct. 15, 2003

Oct. 15, 2003

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

Stowe-Pharr Mills, Inc., Private Entity/Person

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

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

Amount Defendant Pays: 20000

Order Duration: 1998 - 2000

Content of Injunction:

Expungement of Employment Record

Neutral/Positive Reference

Discrimination Prohibition

Provide antidiscrimination training

Post/Distribute Notice of Rights / EE Law

Reporting

Monitoring

Issues

General:

Disparate Treatment

Discrimination-area:

Accommodation / Leave

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits