Case: EEOC v. CONSUMERS ENERGY COMPANY, fka CONSUMERS POWER COMP

2:98-cv-70846 | U.S. District Court for the Eastern District of Michigan

Filed Date: Feb. 26, 1998

Closed Date: March 29, 2004

Clearinghouse coding complete

Case Summary

In February 1998, the Detroit office of the EEOC brought this suit against Consumer Energy Company f/k/a Consumer Power Company in the U.S. District Court for the Eastern District of Michigan. After both parties filed discovery motions, the case settled by entry of a consent decree in June 2000. The court ordered the defendant to pay into an interest gathering fund the amount of $220,000. In addition to the monetary amount, Consumer Energy also had to offer plaintiff a job as well as hire 11 other individuals similarly situated. Consumer Energy had to post a notice of non-discrimination and send their hiring personnel through Title VII training.

Summary Authors

Jennifer Solomon (6/26/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/11214168/parties/eeoc-v-consumers-energy-co/


Judge(s)

Tarnow, Arthur J. (Michigan)

Attorney for Plaintiff

Pitts, Stanley H. (Michigan)

Rapport, Adele (Michigan)

Attorney for Defendant

Seryak, Richard J. (Michigan)

Staley, Patricia L. (Michigan)

Documents in the Clearinghouse

Documents in this case

2:98-cv-70846

Docket

EEOC v. Consumers Energy Corporation

March 29, 2001

March 29, 2001

Docket
105

2:98-cv-70846

Consent Decree

EEOC v. Consumers Energy Corporation

March 29, 2001

March 29, 2001

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/11214168/eeoc-v-consumers-energy-co/

Last updated Nov. 10, 2026, 6:31 p.m.

Docket for: EEOC v. Consumers Energy Co
ECF Number Date Description Link
1 Feb. 26, 1998

COMPLAINT with jury demand - Receipt # USA (cm) (Entered: 02/27/1998)

RECAP
2 April 1, 1998

AFFIRMATIVE defenses by defendant Consumers Energy Co with proof of mailing (lh) (Entered: 04/01/1998)

RECAP
3 April 13, 1998

PROOF of mailing by defendant Consumers Energy Co of first request for production of documents (db) (Entered: 04/13/1998)

RECAP
5 May 26, 1998

NOTICE of reassignment of case from Judge George E. Woods to Judge Arthur J. Tarnow pursuant to administrative order 98-AO-023 (MM) (Entered: 06/03/1998)

RECAP
4 May 27, 1998

PRETRIAL scheduling order by Judge George E. Woods - deadline for discovery set for 11/2/98, deadline for filing dispositive motions 11/20/98, final pretrial conference set for 1:00 4/6/99, deadline for witness list set for 10/12/98, civil jury trial set for 8:30 6/8/99 (bk) (Entered: 05/28/1998)

RECAP
6 July 27, 1998

PROOF of mailing of plaintiff's responses to defendant's first set of interrogatories, related requests to produce, first request for admission and related interrogatory (ls) (Entered: 07/28/1998)

RECAP
7 Aug. 31, 1998

PROOF of mailing by defendant Consumers Energy Co of notice of deposition of Patricia McNeil (DT) (Entered: 09/01/1998)

RECAP
8 Aug. 31, 1998

NOTICE by defendant of taking deposition of Patricia McNeil on 9/16/98 at 10:00 am (DT) (Entered: 09/01/1998)

RECAP
9 Sept. 23, 1998

PROOF of mailing of EEOC's second set of interrogatories and requests to produce documents and things (ew) (Entered: 09/24/1998)

RECAP
10 Sept. 30, 1998

PROOF of mailing of defendant's second request for production of documents (ls) (Entered: 10/01/1998)

RECAP
11 Oct. 5, 1998

APPEARANCE for defendant of attorney Richard J. Seryak (PP) (Entered: 10/06/1998)

RECAP
12 Oct. 5, 1998

PROOF of mailing by defendant of second interrogatories and related requests to produce defendant's second request for admission and related interrogatory, and notice of attorney appearance.. (PP) (Entered: 10/06/1998)

RECAP
13 Oct. 13, 1998

WITNESS list by defendant Consumers Energy Co with proof of mailing (DT) (Entered: 10/14/1998)

RECAP
14 Oct. 15, 1998

FIRST WITNESS list by plaintiff EEOC (DT) (Entered: 10/16/1998)

RECAP
15 Oct. 16, 1998

PROOF of mailing (copy) of Consumers Energy Company's answers to plaintiff EEOC's first set of interrogatories and requests for production of doucments (lh) Modified on 10/26/1998 (Entered: 10/19/1998)

RECAP
16 Oct. 16, 1998

PROOF of mailing of Consumers Energy Company's answers to plaintiff EEOC's first set of requests for admission (lh) Modified on 10/26/1998 (Entered: 10/19/1998)

RECAP
Oct. 22, 1998

SCHEDULE: by Judge Arthur J. Tarnow status conference set for 2:15 11/10/98 (tt) (Entered: 10/22/1998)

PACER
Oct. 22, 1998

SCHEDULE: by Judge Arthur J. Tarnow status conference set for 2:15 11/10/98 (tt)

17 Nov. 4, 1998

PROOF of mailing by defendant Consumers Energy Co of answers to plaintiff's third set of requests for production of documents (RH) (Entered: 11/05/1998)

RECAP
18 Nov. 4, 1998

PROOF of mailing by defendant Consumers Energy Co of answers to plaintiff's second set of interrogatories and requests to produce documents (RH) (Entered: 11/05/1998)

RECAP
19 Nov. 10, 1998

PRETRIAL scheduling order by Judge Arthur J. Tarnow - deadline for discovery set for 3/1/99, deadline for filing motions set for 2/1/99, deadline for witness list set for 1/10/99, deadline for filing dispositive motions set for 4/1/99, final pretrial conference set for 2:30 5/18/99, deadline for final pretrial order set for 5/11/99, settlement conference set for 2:30 5/18/99, civil jury trial set for April/June of 1999 and that defendant will send prepared questionaire by 11/17/98 (lh) (Entered: 11/12/1998)

RECAP
Nov. 10, 1998

STATUS conference held and new dates were given. - Judge Arthur J. Tarnow (tt) (Entered: 11/10/1998)

PACER
Nov. 10, 1998

STATUS conference held and new dates were given. - Judge Arthur J. Tarnow (tt)

20 Dec. 7, 1998

PROOF of mailing by plaintiff EEOC of answers to defendant's second interrogatories (DT) (Entered: 12/08/1998)

RECAP
21 Jan. 12, 1999

AMENDED WITNESS list by defendant Consumers Energy Co, with proof of service (RH) (Entered: 01/14/1999)

RECAP
22 Jan. 13, 1999

SECOND WITNESS list by plaintiff EEOC, with proof of service (RH) (Entered: 01/15/1999)

RECAP
23 Jan. 19, 1999

AMENDED WITNESS list by Consumers Energy Co (ew) (Entered: 01/20/1999)

RECAP
24 Feb. 1, 1999

MOTION by plaintiff EEOC to modify the court's scheduling order with brief and exhibits (ls) (Entered: 02/02/1999)

RECAP
25 Feb. 1, 1999

MOTION by defendant Consumers Energy Co to comply with brief, notice of hearing, exhibits and proof of mailing (ls) (Entered: 02/02/1999)

RECAP
34 Feb. 1, 1999

MOTION by plaintiff EEOC to compel discovery with brief and exhibits (RH) (Entered: 02/24/1999)

RECAP
35 Feb. 1, 1999

PROOF of mailing by plaintiff EEOC of motion and brief to modify the Court's scheduling order (RH) (Entered: 02/24/1999)

35 Feb. 1, 1999

PROOF of mailing by plaintiff EEOC of motion and brief to modify the Court's scheduling order (RH) (Entered: 02/24/1999)

RECAP
36 Feb. 4, 1999

AMENDED PROOF of mailing by plaintiff EEOC of motion and brief to modify the Court's scheduling order (RH) (Entered: 02/24/1999)

RECAP
26 Feb. 5, 1999

SECOND amended witness list by defendant, with proof of mailing. (PP) (Entered: 02/08/1999)

RECAP
27 Feb. 5, 1999

PROOF of mailing by defendant of notice of deposition duces tecum of Debra Busard; Vicki Johnson-Crilly; Laura Bemis; Rose Slobodian and Diane Dodds. (PP) (Entered: 02/08/1999)

RECAP
28 Feb. 9, 1999

ORDER by Judge Arthur J. Tarnow, referring motion to comply by Consumers Energy Co [25-1] and motion to compel discovery [34-1] to Magistrate Judge Donald A. Scheer, for hearing and determination (RH) (Entered: 02/24/1999)

RECAP
29 Feb. 16, 1999

PROOF of mailing by defendant Consumers Energy Co of supplemental answers to interrogatories and request for production of documents to plaintiff's attorney (RH) (Entered: 02/17/1999)

RECAP
31 Feb. 16, 1999

RESPONSE by defendant Consumers Energy Co to motion to modify the court's scheduling order by EEOC [24-1] with exhibits 1-4 (RH) (Entered: 02/17/1999)

RECAP
32 Feb. 16, 1999

PROOF of mailing of defendant's response to EEOC's motion to modify scheduling order and motion to compel (ls) (Entered: 02/17/1999)

RECAP
37 Feb. 16, 1999

RESPONSE by defendant Consumers Energy Co to motion to compel discovery by EEOC [34-1] with exhibits 1-3 (RH) (Entered: 02/24/1999)

RECAP
42 Feb. 16, 1999

RESPONSE by defendant Consumers Energy Co to motion to modify the court's scheduling order by EEOC [24-1], with exhibits 1-4, brief and proof of service (RH) (Entered: 02/24/1999)

RECAP
38 Feb. 17, 1999

NOTICE by Magistrate Donald Scheer of setting hearing on motion to comply by Consumers Energy Co [25-1] and motion to compel by EEOC [34-1] for 2:00 3/3/99 (RH) (Entered: 02/24/1999)

RECAP
39 Feb. 18, 1999

MOTION by defendant Consumers Energy Co for pre-trial conference, with brief, exhibit 1, notice of hearing and proof of service (RH) (Entered: 02/24/1999)

RECAP
41 Feb. 18, 1999

PROOF of mailing by defendant Consumers Energy Co of third request for production of documents (RH) (Entered: 02/24/1999)

RECAP
33 Feb. 19, 1999

RESPONSE by plaintiff EEOC to motion to comply by Consumers Energy Co [25-1] with exhibits and proof of mailing (ew) (Entered: 02/22/1999)

RECAP
40 Feb. 24, 1999

THIRD AMENDED WITNESS list by defendant Consumers Energy Co, with proof of service (RH) (Entered: 02/24/1999)

RECAP
43 March 1, 1999

NOTICE by defendant Consumers Energy Co of taking deposition of each claimant in plaintiff's class pursuant to FRCP 26 and 30 on with exhibit "A" and proof of mailing (lh) (Entered: 03/01/1999)

RECAP
March 2, 1999

MOTION hearing adjourned on motion to comply by Consumers Energy Co [25-1] to 2:00 3/9/99, motion to compel discovery by EEOC [34-1] to 2:00 3/9/99 - Magistrate Judge Donald A. Scheer (RJ) (Entered: 03/02/1999)

March 2, 1999

MOTION hearing adjourned on motion to comply by Consumers Energy Co [25-1] to 2:00 3/9/99, motion to compel discovery by EEOC [34-1] to 2:00 3/9/99 - Magistrate Judge Donald A. Scheer (RJ)

44 March 4, 1999

PROOF of mailing of second supplemental answers to interrogatories and request for production (lh) (Entered: 03/04/1999)

RECAP
45 March 4, 1999

NOTICE by defendant Consumers Energy Co of taking deposition of Debra Busard 3/10/99 @ 9:30 am, Laura Bowen Bemis on 3/10/99 @ 1:30 pm, Rose Slobadian on 3/11/99 @ 9:30 am and Vicki Johnson Crilly on 3/11/99 @ 1:30 pm with proof of mailing (lh) (Entered: 03/04/1999)

RECAP
46 March 9, 1999

THIRD amended witness list by defendant with proof of mailing (ls) (Entered: 03/10/1999)

RECAP
March 9, 1999

MOTION hearing held on motion to comply by Consumers Energy Co [25-1] - disposition: motion granted - Magistrate Judge Donald A. Scheer - Tape #DAS 99-030 (RJ) (Entered: 03/10/1999)

PACER
March 9, 1999

MOTION hearing held on motion to compel discovery by EEOC [34-1] - disposition: motion taken under advisement - Magistrate Judge Donald A. Scheer - Tape #DAS 99-030 (RJ) (Entered: 03/10/1999)

PACER
March 9, 1999

MOTION hearing held on motion to comply by Consumers Energy Co [25-1] - disposition: motion granted - Magistrate Judge Donald A. Scheer - Tape #DAS 99-030 (RJ)

March 9, 1999

MOTION hearing held on motion to compel discovery by EEOC [34-1] - disposition: motion taken under advisement - Magistrate Judge Donald A. Scheer - Tape #DAS 99-030 (RJ)

47 March 11, 1999

ORDER by Magistrate Judge Donald A. Scheer that defendant shall submit the September 29, 1997, letter from Dr. Richard Riley to counsel for defendant (ls) (Entered: 03/12/1999)

RECAP
48 March 11, 1999

ORDER by Magistrate Judge Donald A. Scheer granting motion to comply by Consumers Energy Co [25-1] (ls) (Entered: 03/12/1999)

RECAP
49 March 15, 1999

FIFTH amended witness list by defendant, with proof of mailing. (PP) (Entered: 03/16/1999)

RECAP
50 March 16, 1999

TRANSCRIPT taken on 3/9/99 of discovery motions (ew) (Entered: 03/18/1999)

RECAP
51 March 17, 1999

ORDER by Magistrate Judge Donald A. Scheer denying motion to compel evidence by EEOC [34-1] (ew) (Entered: 03/18/1999)

RECAP
52 March 19, 1999

PRETRIAL scheduling order by Judge Arthur J. Tarnow - setting deadline for discovery for 7/31/99, setting deadline for filing motions for 6/30/99, setting deadline for witness list for 5/30/99, setting deadline for filing dispositive motions for 9/30/99, setting final pretrial conference for 2:30 pm on 10/19/99, setting deadline for final pretrial order for 10/12/99, setting settlement for 2:30 pm 10/19/99 and setting civil jury trial for OCT/DEC 1999 (DT) (Entered: 03/22/1999)

RECAP
March 19, 1999

SCHEDULING conference held - Judge Arthur J. Tarnow (tt) (Entered: 03/19/1999)

PACER
March 19, 1999

SCHEDULING conference held - Judge Arthur J. Tarnow (tt)

53 March 23, 1999

CONSENT ORDER by Judge Arthur J. Tarnow regarding notice to potential claimants (DT) (Entered: 03/24/1999)

RECAP
54 March 25, 1999

PROOF of mailing by defendant of consent order regarding notice to potential claimants (DT) (Entered: 03/26/1999)

RECAP
55 March 25, 1999

PROOF of mailing by defendant Consumers Energy Co of fourth request for production of documents (DT) (Entered: 03/26/1999)

55 March 25, 1999

PROOF of mailing by defendant Consumers Energy Co of fourth request for production of documents (DT) (Entered: 03/26/1999)

RECAP
56 March 30, 1999

APPEARANCE for plaintiff of attorney Stanley H. Pitts, with proof of mailing. (PP) (Entered: 03/31/1999)

RECAP
57 March 30, 1999

STIPULATION by plaintiff regarding compliance with Magistrate Judge's March 9, 1999 order (PP) (Entered: 03/31/1999)

RECAP
58 April 9, 1999

PROOF of mailing of plaintiff's supplemental answers to defendant's second set of interrogatories and related requests to produce (ls) (Entered: 04/13/1999)

RECAP
59 April 12, 1999

PROOF of mailing of defendant's fifth request for production of documents and third set of interrogatories (ls) (Entered: 04/13/1999)

RECAP
60 May 7, 1999

PROOF of mailing defendant Consumers Energy's sixth request for production of documents; and third set of interrogatories to plaintiff (ew) (Entered: 05/11/1999)

RECAP
61 May 12, 1999

PROOF of mailing of EEOC's answers to defendant's fourth request for production of documents (ew) (Entered: 05/13/1999)

RECAP
62 May 14, 1999

PROOF of mailing by defendant of seventh request for production of documents. (PP) (Entered: 05/17/1999)

RECAP
64 May 19, 1999

PROOF of mailing by plaintiff EEOC of copy answer's to defendant's fifth request for production of documents (lh) (Entered: 05/25/1999)

RECAP
63 May 20, 1999

PROOF of mailing by defendant of responses to plaintiff's fourth set of requests for production of documents. (PP) (Entered: 05/21/1999)

RECAP
65 May 28, 1999

WITNESS list by defendant Consumers Energy Co (pursuant to the most recent pretrial order) with proof of mailing (lh) (Entered: 06/01/1999)

RECAP
66 May 28, 1999

PROOF of mailing of defendant Consumers Energy Company's supplemental answer to plaintiff's fourth set of requests for production of documents (lh) (Entered: 06/01/1999)

RECAP
67 June 1, 1999

PROOF of mailing of copy of defendant Consumers Energy Company's Fourth Set of Interrogatories ro plaintiff (lh) (Entered: 06/02/1999)

RECAP
68 June 4, 1999

OBJECTIONS by defendant Consumers Energy Co to EEOC's attempt to represent untimely and ineligible claims with attachments and proof of mailing (lh) (Entered: 06/07/1999)

RECAP
69 June 11, 1999

NOTICE by defendant Consumers Energy Co of taking deposition duces tecum of designated person @ 10:00am on 07/08/99 with Attachment A and proof of service (bk) (Entered: 06/14/1999)

RECAP
70 June 18, 1999

SIXTH amended witness list by defendant Consumers Energy Co with proof of mailing (lh) (Entered: 06/21/1999)

RECAP
71 June 23, 1999

PROOF of mailing of defendant Consumers Energy Company's second supplemental response to plaintiff's fourth set of requests for production of documents (lh) (Entered: 06/24/1999)

RECAP
72 June 30, 1999

MOTION by defendant to compel designation of deponent, and production of documents with brief, notice of hearing, exhibits and proof of mailing (ls) (Entered: 07/02/1999)

RECAP
73 July 1, 1999

ORDER by Judge Arthur J. Tarnow referring motion to compel designation of deponent and motion production of documents by Consumers Energy Co [72-2] to Magistrate Judge Donald A. Scheer, for hearing and determination with proof of mailing [EOD Date 7/2/99] (ls) (Entered: 07/02/1999)

RECAP
74 July 2, 1999

MOTION by plaintiff EEOC for protective order with brief, exhibits 1-8 and proof of mailing (RH) (Entered: 07/06/1999)

RECAP
75 July 2, 1999

NOTICE of taking depositions duces tecum of certain parties (see notice), with proof of mailing (RH) (Entered: 07/06/1999)

RECAP
76 July 6, 1999

NOTICE by the Court setting hearing on motion to compel designation of deponent by Consumers Energy Co [72-1] for 2:00 8/3/99 (RH) (Entered: 07/07/1999)

RECAP
77 July 7, 1999

ORDER by Judge Arthur J. Tarnow, referring motion for protective order by EEOC [74-1] to Magistrate Judge Donald A. Scheer, for hearing and determination [EOD Date 7/8/99] (RH) (Entered: 07/08/1999)

RECAP
78 July 12, 1999

PROOF of mailing of copies of subpoenas directed to deponents (list included) (lh) (Entered: 07/13/1999)

RECAP
79 July 13, 1999

NOTICE by the Court setting hearing on motion for protective order by EEOC [74-1] for 2:00 8/3/99 (RH) (Entered: 07/14/1999)

RECAP
80 July 14, 1999

ORDER by Judge Arthur J. Tarnow with stipulation regarding class claimants and discovery matters [EOD Date: 7/15/99] (DT) (Entered: 07/15/1999)

RECAP
81 July 19, 1999

RESPONSE by plaintiff EEOC to motion to compel designation of deponent [72-1], motion of documents by Consumers Energy Co [72-2] with exhibits (ew) (Entered: 07/20/1999)

RECAP
82 July 19, 1999

RESPONSE by defendant Consumers Energy Co to motion for protective order by EEOC [74-1] with attachments (ew) (Entered: 07/20/1999)

RECAP
83 July 19, 1999

PROOF of mailing of order regarding class claimants and discovery matters (ew) (Entered: 07/20/1999)

RECAP
84 July 20, 1999

PROOFS of mailing of plaintiff EEOC supplemental answer to defendant's sixth request for production of documents (ew) Modified on 07/21/1999 (Entered: 07/21/1999)

RECAP
85 July 23, 1999

NOTICE by defendant Consumers Energy Co of taking deposition duces tecum of Kimberly Conklin (fka Kimberly Moore) on 7/30/99 @ 9:30 (lh) (Entered: 07/28/1999)

RECAP
86 July 27, 1999

PROOF of mailing of plaintiff EEOC's third Supplemental answer to defendant's sixth request for production of documents (lh) (Entered: 07/28/1999)

RECAP
87 July 29, 1999

PROOF of mailing of plaintiff's notice of depositions (ls) (Entered: 07/30/1999)

RECAP

Case Details

State / Territory:

Michigan

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Feb. 26, 1998

Closing Date: March 29, 2004

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

Consumer Energy Company

Case Details

Other Dockets:

Eastern District of Michigan 2:98-cv-70846

Available Documents:

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

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Discrimination Prohibition

Goals (e.g., for hiring, admissions)

Hire

Other requirements regarding hiring, promotion, retention

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Retaliation Prohibition

Amount Defendant Pays: 220000

Order Duration: 2001 - 2004

Issues

Discrimination Area:

Disparate Treatment

EEOC-centric:

Direct Suit on Merits

Recommended Citation