Case: EEOC v. FIRESTONE FIBERS AND TEXTILES COMPANY

3:04-cv-00467 | U.S. District Court for the Western District of North Carolina

Filed Date: Sept. 9, 2004

Closed Date: Sept. 13, 2006

Clearinghouse coding complete

Case Summary

In September 2004, the Charlotte District Office of the EEOC brought this suit against Firestone Fibers & Textiles Company, BFS Diversified Products, LLC, and Bridgestone Americas Holding, Inc. in the U.S. District Court for the Western District of North Carolina alleging the defendants discriminated against the charging party on the basis of religion, namely Christianity-Church of the Living God, in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged th…

In September 2004, the Charlotte District Office of the EEOC brought this suit against Firestone Fibers & Textiles Company, BFS Diversified Products, LLC, and Bridgestone Americas Holding, Inc. in the U.S. District Court for the Western District of North Carolina alleging the defendants discriminated against the charging party on the basis of religion, namely Christianity-Church of the Living God, in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the defendant failed to accommodate the religious beliefs of the charging party, a male employee, and discharged the charging party because of his religion. The charging party intervened in the lawsuit in December 2004. Following discovery, defendants successfully moved for summary judgment, which was granted in September 2006. The EEOC appealed this decision to the Fourth Circuit Court of Appeals, which had not decided the case by the time the docket was captured for research purposes.

Summary Authors

David Friedman (10/11/2007)

Documents in the Clearinghouse

Document

3:04-cv-00467

Docket (PACER)

EEOC v. Firestone Fibers & Textiles Company

Dec. 28, 2006

Dec. 28, 2006

Docket
1

3:04-cv-00467

Complaint

EEOC v. Firestone Fibers & Textiles Company

Sept. 9, 2004

Sept. 9, 2004

Complaint
9

3:04-cv-00467

Complaint in Intervention

EEOC v. Firestone Fibers & Textiles Company

Dec. 17, 2004

Dec. 17, 2004

Complaint
28

3:04-cv-00467

Order [Regarding Protective Order]

EEOC v. Firestone Fibers & Textiles Company

Oct. 12, 2005

Oct. 12, 2005

Order/Opinion
30

3:04-cv-00467

Memorandum and Order [Regarding Summary Judgment]

EEOC v. Firestone Fibers & Textiles Company

Sept. 13, 2006

Sept. 13, 2006

Order/Opinion

2006 WL 2006

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5297212/eeoc-v-firestone-fibers/

Last updated April 11, 2024, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT and Jury Trial Demand. (lhg) (Entered: 09/09/2004)

Sept. 9, 2004

Sept. 9, 2004

3

WAIVER OF SERVICE Returned Executed as to BFS Diversified 9/16/04 Answer due on 11/15/04 for BFS Diversified (former emp) (Entered: 10/21/2004)

Oct. 21, 2004

Oct. 21, 2004

4

MOTION to Intervene by David Wise (bsw) (Entered: 11/16/2004)

Nov. 15, 2004

Nov. 15, 2004

5

ANSWER to Complaint by Firestone Fibers, BFS Diversified, Bridgestone Amer Hol (ejb) (Entered: 11/16/2004)

Nov. 16, 2004

Nov. 16, 2004

6

CONSENT/REFUSAL to Magistrate Jurisdiction by Firestone Fibers, BFS Diversified, Bridgestone Amer Hol - Refusal (ejb) (Entered: 11/16/2004)

Nov. 16, 2004

Nov. 16, 2004

7

CASE reassigned to Judge Graham C. Mullen - notice of reassignment mailed to parties. (ejb) (Entered: 11/16/2004)

Nov. 16, 2004

Nov. 16, 2004

8

ORDER granting [4-1] motion to Intervene by David Wise ( signed by Magistrate Judge Carl Horn III ) [EOD DATE: 12/21/04] (former emp) (Entered: 12/21/2004)

Dec. 17, 2004

Dec. 17, 2004

9

Intervenor's COMPLAINT by David Wise against Firestone Fibers, BFS Diversified, Bridgestone Amer Hol (former emp) (Entered: 12/21/2004)

Dec. 17, 2004

Dec. 17, 2004

10

ANSWER by Firestone Fibers, BFS Diversified, Bridgestone Amer Hol to [9-1] intervenor complaint; w/cs cc: GCM (cbb) (Entered: 01/12/2005)

Jan. 7, 2005

Jan. 7, 2005

11

Certificate of I.A.C. and Discovery Plan by plaintiff EEOC, defendant Firestone Fibers, defendant BFS Diversified, defendant Bridgestone Amer Hol, movant David Wise (former emp) (Entered: 01/21/2005)

Jan. 18, 2005

Jan. 18, 2005

12

Disclosure of Corporate Affiliations other entities with a direct financial interest in litigation by Firestone Fibers, BFS Diversified, Bridgestone Amer Hol (former emp) (Entered: 01/21/2005)

Jan. 18, 2005

Jan. 18, 2005

13

INITIAL PRETRIAL ORDER Discovery deadline is 6/30/05 Motion filing deadline is 8/1/05 Jury Trial set for 10:00 3/6/06 before Judge Graham C. Mullen ( signed by Judge Graham C. Mullen ) (tme) (Entered: 01/26/2005)

Jan. 26, 2005

Jan. 26, 2005

14

Amd Certificate of I.A.C. and Discovery Plan by plaintiff EEOC, defendant Firestone Fibers, defendant BFS Diversified, defendant Bridgestone Amer Hol, movant David Wise (bsw) (Entered: 03/29/2005)

March 24, 2005

March 24, 2005

15

MOTION & memo in suppt by EEOC, David Wise for Protective Order (dcap) (Entered: 04/15/2005)

April 15, 2005

April 15, 2005

16

RESPONSE to Motion re 15 Motion for Protective Order filed by Firestone Fibers & Textiles Company, a Division of BFS Diversified Products. (Cochran, Candace) (Entered: 05/03/2005)

May 2, 2005

May 2, 2005

17

NOTICE of intent not to file reply by Equal Employment Opportunity Commission, David Wise re 15 Motion for Protective Order filed by Equal Employment Opportunity Commission, David Wise. (Wallace, Betsy) (Entered: 05/17/2005)

May 12, 2005

May 12, 2005

Case reassigned to Judge Robert J. Conrad, Jr. Judge Graham Mullen no longer assigned to the case. (Wallace, Betsy) (Entered: 06/16/2005)

June 16, 2005

June 16, 2005

19

MEMORANDUM in Support re 18 MOTION for Summary Judgment filed by Firestone Fibers & Textiles Company, a Division of BFS Diversified Products, BFS Diversified Products, LLC, Bridgestone Americas Holding, Inc.. (Wallace, Betsy) (Entered: 08/03/2005)

Aug. 1, 2005

Aug. 1, 2005

20

Appendix by Firestone Fibers & Textiles Company, a Division of BFS Diversified Products, BFS Diversified Products, LLC, Bridgestone Americas Holding, Inc.. (complete appendix not scanned - see case file) (Attachments: # 1 Appendix - Part 2)(Wallace, Betsy) (Entered: 08/03/2005)

Aug. 1, 2005

Aug. 1, 2005

Motions No Longer Referred: 18 MOTION for Summary Judgment (Wallace, Betsy) (Entered: 07/17/2006)

Aug. 1, 2005

Aug. 1, 2005

21

MOTION for Extension of Time to File Response/Reply to 8/22/05 as to 18 MOTION for Summary Judgment by Equal Employment Opportunity Commission, David Wise. Responses due by 8/25/2005 (Attachments: # 1 Text of Proposed Order)(Evans, Tammy) (Entered: 08/15/2005)

Aug. 11, 2005

Aug. 11, 2005

22

RESPONSE to Motion re 18 MOTION for Summary Judgment filed by David Wise. (Attachments: # 1 Exhibit # 2 Exhibit)(Cochran, Candace) (Entered: 08/24/2005)

Aug. 19, 2005

Aug. 19, 2005

23

MEMORANDUM in Opposition re 18 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (Huntley, Cynthia) (Entered: 08/26/2005)

Aug. 19, 2005

Aug. 19, 2005

CASE REFERRED to Magistrate Judge David Keesler. (Wallace, Betsy) (Entered: 08/26/2005)

Aug. 26, 2005

Aug. 26, 2005

24

REPLY to Response to Motion re 18 MOTION for Summary Judgment filed by Firestone Fibers & Textiles Company, a Division of BFS Diversified Products. (Cochran, Candace) (Entered: 08/31/2005)

Aug. 29, 2005

Aug. 29, 2005

25

ORDER granting 21 Motion for Extension of Time to File Response/Reply re 18 MOTION for Summary Judgment Responses due by 8/22/2005. Signed by Judge David Keesler on 8/31/05. (Wallace, Betsy) (Entered: 09/01/2005)

Aug. 31, 2005

Aug. 31, 2005

26

ORDER, Set/Reset Deadlines as to 15 Motion for Protective Order. Motion Hearing set for 10/11/2005 11:00 AM in Charlotte Magistrate Courtroom before David Keesler.. Signed by Judge David Keesler on 9/8/05. (Huntley, Cynthia)

Sept. 8, 2005

Sept. 8, 2005

RECAP
27

NOTICE of Hearing on Motion 15 Motion for Protective Order: Motion Hearing set for 10/11/2005 09:30 AM in Courtroom #1, 401 W. Trade St., Charlotte, NC 28202 before David Keesler. (Anderton, Michelle) (Entered: 10/03/2005)

Oct. 3, 2005

Oct. 3, 2005

Minute Entry for proceedings held before Judge David Keesler : Motion Hearing held on 10/11/2005 re 15 Motion for Protective Order filed by Equal Employment Opportunity Commission,, David Wise,. (Court Reporter Betty Brown w/Huesby.) (Anderton, Michelle) (Entered: 10/11/2005)

Oct. 11, 2005

Oct. 11, 2005

Proposed document submitted to Judge Robert Conrad. (Tisdale, Homer) (Entered: 01/30/2006)

Jan. 30, 2006

Jan. 30, 2006

29

ORDER suspending deadlines contained in the scheduling order. Trial deadline terminated.. Signed by Judge Robert J. Conrad Jr. on 2/3/06. (Huntley, Cynthia)

Feb. 3, 2006

Feb. 3, 2006

RECAP
30

ORDER granting 18 Motion for Summary Judgment and dismissing Bridgestone Americas Holding, Inc.. Signed by Judge Robert J. Conrad Jr on 9/13/06. (chh)

Sept. 13, 2006

Sept. 13, 2006

RECAP
31

CLERK'S JUDGMENT entered in accordance with the Court's September 13, 2006 Order. Signed on 9/13/06. (chh)

Sept. 13, 2006

Sept. 13, 2006

RECAP
32

NOTICE OF APPEAL by Equal Employment Opportunity Commission. (Haden, Kara) (Entered: 11/09/2006)

Nov. 9, 2006

Nov. 9, 2006

33

Transmission of Notice of Appeal to US Court of Appeals re 32 Notice of Appeal (smj) (Entered: 11/09/2006)

Nov. 9, 2006

Nov. 9, 2006

34

USCA Case Number 06-2203 for 32 Notice of Appeal. USCA Case Manager: Lisa Jernigan. (com) (Entered: 11/21/2006)

Nov. 14, 2006

Nov. 14, 2006

35

Docketed on wrong docket - ORDER of USCA (com) Modified on 12/13/2006 (Wallace, Betsy). (Entered: 11/21/2006)

Nov. 14, 2006

Nov. 14, 2006

36

Subsequent NOTICE OF APPEAL as to 31 Clerk's Judgment, 30 Order on Motion for Summary Judgment by David Wise. Filing fee $ 455, receipt number 264976. (Rowan, Vicki) (Entered: 11/22/2006)

Nov. 22, 2006

Nov. 22, 2006

37

Transmission of Notice of Appeal to US Court of Appeals re 36 Subsequent Notice of Appeal (smj) (Entered: 11/27/2006)

Nov. 27, 2006

Nov. 27, 2006

Assembled Electronic Record Transmitted to Fourth Circuit. Original. (bsw) (Entered: 11/27/2006)

Nov. 27, 2006

Nov. 27, 2006

38

USCA Case Number 06-2241 for 36 Subsequent Notice of Appeal USCA Case Manager: Lisa Jernigan. (cbb) (Entered: 11/29/2006)

Nov. 29, 2006

Nov. 29, 2006

39

ORDER of USCA as to 32 Notice of Appeal, 36 Subsequent Notice of Appeal consolidating cases 06-2203 and 06-2241 for purposes of briefing and oral argument and adopts for these appeals the briefing order previously filed in 06-2203 dated 11/21/06 (cbb) (Entered: 11/29/2006)

Nov. 29, 2006

Nov. 29, 2006

NOTICE of ECF Filing Error re: 35 Order - USCA Docketed on wrong case in error NO ACTION REQUIRED - FOR INFORMATIONAL PURPOSES ONLY. (bsw) (Entered: 12/13/2006)

Dec. 13, 2006

Dec. 13, 2006

40

NOTICE of Change of Address by Homer Bernard Tisdale, III (Tisdale, Homer) (Entered: 12/28/2006)

Dec. 28, 2006

Dec. 28, 2006

Case Details

State / Territory: North Carolina

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 9, 2004

Closing Date: Sept. 13, 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

Private Plaintiff

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

BFS Diversified Products, LLC (Kings Mountain, North Carolina; Gastonia, North Carolina), Private Entity/Person

Firestone Fibers & Textiles Company (Kings Mountain, North Carolina; Gastonia, North Carolina), Private Entity/Person

Bridgestone Americas Holding, Inc. (Kings Mountain, North Carolina; Gastonia, North Carolina), Private Entity/Person

Case Details

Causes of Action:

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

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Discrimination-area:

Disparate Treatment

Accommodation / Leave

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Religion discrimination

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit