Case: EEOC v. Outrigger Restaurant

1:97-cv-01189 | U.S. District Court for the Southern District of Alabama

Filed Date: Dec. 29, 1997

Closed Date: June 19, 2000

Clearinghouse coding complete

Case Summary

In December 1997, the Birmingham District Office of the EEOC brought this suit against Outrigger Restaurant, Inc. and Employer Accounting Services Com. Inc.in the U.S. District Court for the Southern District of Alabama, alleging that the defendants violated Title VII of the Civil Rights Act by subjecting employees to racial harassment and a segregated work place. In August 1998, fifteen charging parties intervened in the suit. The charging parties also alleged violations of Section 1983. On F…

In December 1997, the Birmingham District Office of the EEOC brought this suit against Outrigger Restaurant, Inc. and Employer Accounting Services Com. Inc.in the U.S. District Court for the Southern District of Alabama, alleging that the defendants violated Title VII of the Civil Rights Act by subjecting employees to racial harassment and a segregated work place. In August 1998, fifteen charging parties intervened in the suit. The charging parties also alleged violations of Section 1983. On February 8, 1999, Defendant Skilstaf filed a cross-claim against Defendant Outrigger Restaurant alleging that they should not be held responsible for teh racial discrimination perpetrated by Outrigger Restaurant and therefore claims indeminfication against Outrigger for all claims made by the plaintiffs in this case.

The EEOC settled its claims with the defendants in September 1999 through a consent decree. Defendants agreed to pay $150,000 to the plaintiffs as well as develop a harassment policy and complaint procedure, provide training to managers, keep records of the people hired including their race and position, advertise jobs in newspapers using the phrase "equal opportunity employer" and reach out to African American community groups to state Defendant's desire to recruit African American workers.

On June 10, 2000 the Court found in favor of Skilstaf on its cross claim for indemnification against Outrigger in the sum of $248,828.32. Outrigger appealed that judgment and on June 19 the Court reduced the amount to $14,924.79.

Summary Authors

Jennifer Solomon (7/2/2007)

Documents in the Clearinghouse

Document

1:97-cv-01189

Docket [PACER]

EEOC v. Outrigger Restaurant

June 19, 2000

June 19, 2000

Docket
1

1:97-cv-01189

Complaint

EEOC v. Outrigger Restaurant, Inc.

Dec. 29, 1997

Dec. 29, 1997

Complaint
17

1:97-cv-01189

Complaint in Intervention

Aug. 12, 1998

Aug. 12, 1998

Complaint
47

1:97-cv-01189

Defendant Skilstaf, Inc.'s Supplemental Cross Claim against defendant Outrigger Restaurant, LLC and Third Party Claim against Marvin L. Ratcliff, Jr.

Feb. 8, 1999

Feb. 8, 1999

Pleading / Motion / Brief
96

1:97-cv-01189

Consent Decree

Sept. 9, 1999

Sept. 9, 1999

Settlement Agreement
123

1:97-cv-01189

Judgment

June 19, 2000

June 19, 2000

Order/Opinion
121

1:97-cv-01189

Order

2000 WL 1005943

June 19, 2000

June 19, 2000

Order/Opinion
122

1:97-cv-01189

Partial Consent Judgment

June 19, 2000

June 19, 2000

Order/Opinion

Resources

Docket

Last updated Aug. 11, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed; civil rights - discrimination FILING FEE $ waved RECEIPT # (dktclerk) (Entered: 01/06/1998)

Dec. 29, 1997

Dec. 29, 1997

Clk opening case called the atty. to inform them to file a Ntc. of Waiver with this office when they mail it out. (jal) (Entered: 01/07/1998)

Jan. 7, 1998

Jan. 7, 1998

2

REQUEST FOR WAIVER of Service as to Outrigger Restaurant, Employer Accounting 3/6/98 Answer deadline projected for 5/5/98 for Employer Accounting, for Outrigger Restaurant Waiver of Service due by 4/5/98 for Employer Accounting, for Outrigger Restaurant (jal) (Entered: 03/11/1998)

March 9, 1998

March 9, 1998

3

WAIVER OF SERVICE Returned Executed as to Outrigger Restaurant (jal) (Entered: 04/30/1998)

April 27, 1998

April 27, 1998

4

MOTION to Intervene by Gregory King, Earlene Millender, JoAnn Sullivan, Deloise Porter, Michael Watson, Wallace Kyles, Tyrone Pearson, Henry Sullivan, Michael Jackson, Louis Etheridge, Ahmad Rasheed, Barbara Clarkson, Cassandra Knight, Dawn Whiting, Mark A. Vannasdall referred to MJ Milling. (adk) (Entered: 05/04/1998)

April 30, 1998

April 30, 1998

5

MOTION by Employer Accounting to Extend Time to Ans. Comp. Referred to Judge Butler. (adk) (Entered: 05/18/1998)

May 15, 1998

May 15, 1998

6

NOTICE entered, endorsed motion granting [5-1] motion to Extend Time to Ans. Comp., reset Answer deadline to 6/12/98 for Employer Accounting, for Outrigger Restaurant ( signed by Chief Judge Charles Butler Jr. ) copies mailed (jal) (Entered: 05/21/1998)

May 20, 1998

May 20, 1998

7

MOTION by Outrigger Restaurant for A. Martin Wickliff Jr. to Appear Pro Hac Vice w/applicatin, Cert. of Good Standing, Payment, ref. Judge Butler (jal) (Entered: 05/28/1998)

May 26, 1998

May 26, 1998

8

NOTICE entered, endorsed motion granting [7-1] motion for A. Martin Wickliff Jr. to Appear Pro Hac Vice ( signed by Chief Judge Charles Butler Jr. ) copies mailed (jal) (Entered: 06/02/1998)

May 28, 1998

May 28, 1998

9

ORDER, Response to Motion set to 6/28/98 for [4-1] motion to Intervene by Gregory King, Earlene Millender, JoAnn Sullivan, Deloise Porter, Michael Watson, Wallace Kyles, Tyrone Pearson, Henry Sullivan, Michael Jackson, Louis Etheridge, Ahmad Rasheed, Barbara Clarkson, Cassandra Knight, Dawn Whiting, Mark A. Vannasdall ( signed by Chief Judge Charles Butler Jr. ) Copies mailed 6/8/98. (adk) (Entered: 06/08/1998)

June 8, 1998

June 8, 1998

10

ANSWER to Complaint by Outrigger Restaurant (Attorney Frank S. James III), (adk) (Entered: 06/10/1998)

June 8, 1998

June 8, 1998

11

ANSWER to Complaint by Employer Accounting (mab) (Entered: 06/12/1998)

June 10, 1998

June 10, 1998

12

PRELIMINARY SCHEDULING ORDER entered by Mag. Judge Bert W. Milling Jr. Report of Parties Planning Meeting due 7/27/98 ; (mab) (Entered: 06/12/1998)

June 12, 1998

June 12, 1998

13

MOTION by Outrigger Restaurant to Extend Time to file Report of Parties , ref. M/J Milling (jal) (Entered: 07/30/1998)

July 28, 1998

July 28, 1998

14

REPORT of Planning Meeting filed by parties, ref. M/J Milling . (jal) (Entered: 07/30/1998)

July 28, 1998

July 28, 1998

15

SCHEDULING ORDER setting Discovery cutoff 1/8/99 ; Deadline for filing of all motions 1/29/99 ; Joining of parties,amending of pleadings on 9/25/98 ; Pretrial conference for 9:30 4/8/99 ; Jury Selection set for 9:00 5/4/99 Jury Trial set for 9:00 5/4/99 ; Settlement Position due 1/8/99 before Chief Judge Charles Butler Jr. ( signed by Mag. Judge Bert W. Milling Jr. ) copies mailed w/SO (jal) (Entered: 08/11/1998)

Aug. 10, 1998

Aug. 10, 1998

16

ORDER ent. that parties have failed to object to intervention as ordered, granting [4-1] motion to Intervene by Gregory King, Earlene Millender, JoAnn Sullivan, Deloise Porter, Michael Watson, Wallace Kyles, Tyrone Pearson, Henry Sullivan, Michael Jackson, Louis Etheridge, Ahmad Rasheed, Barbara Clarkson, Cassandra Knight, Dawn Whiting, Mark A. ( signed by Chief Judge Charles Butler Jr. ) (mjn) Modified on 08/13/1998 (Entered: 08/13/1998)

Aug. 12, 1998

Aug. 12, 1998

17

Intervenor's COMPLAINT by Gregory King, Earlene Millender, JoAnn Sullivan, Deloise Porter, Michael Watson, Wallace Kyles, Tyrone Pearson, Henry Sullivan, Michael Jackson, Louis Etheridge, Ahmad Rasheed, Barbara Clarkson, Cassandra Knight, Dawn Whiting, Mark A. Vannasdall against Outrigger Restaurant, Employer Accounting (mjn) (Entered: 08/13/1998)

Aug. 12, 1998

Aug. 12, 1998

18

ANSWER to Complaint by Employer Accounting as successor to Skilstaf, Inc. to Pltt's Intervenor's complaint (Attorney A. Martin Wickliff) (jal) (Entered: 08/31/1998)

Aug. 27, 1998

Aug. 27, 1998

20

MOTION by Michael Watson, Louis Etheridge, Ahmad Rasheed for Bryan F. Aylstock & Ross M. Goodman to Withdraw as Attorney ref. to Judge Butler (cmj) (Entered: 09/09/1998)

Sept. 9, 1998

Sept. 9, 1998

21

ORDER granting [20-1] motion for Bryan F. Aylstock & Ross M. Goodman to Withdraw as Attorney for L. Etheridge, A. Rasheed and M. Watson (do not show these attorneys were added on computer) setting Response to Order Deadline re: [21-1] order to 9/29/98 for Ahmad Rasheed, for Louis Etheridge, for Michael Watson that the motion to withdraw has been served on parties ( signed by Chief Judge Charles Butler Jr. ); copies mailed (cmj) (Entered: 09/16/1998)

Sept. 15, 1998

Sept. 15, 1998

22

NOTICE of attorney appearance for Employer Accounting by Tracy P. Turner (jal) (Entered: 09/23/1998)

Sept. 22, 1998

Sept. 22, 1998

23

MOTION by Employer Accounting for Leave to File Cross-Claim against dft Outrigger Restaurant ref. to Judge Butler (cmj) (Entered: 09/24/1998)

Sept. 24, 1998

Sept. 24, 1998

24

NOTICE of attorney appearance for Gregory King, Earlene Millender, JoAnn Sullivan, Deloise Porter, Michael Watson, Wallace Kyles, Tyrone Pearson, Henry Sullivan, Michael Jackson, Louis Etheridge, Ahmad Rasheed, Barbara Clarkson, Cassandra Knight, Dawn Whiting, Mark A. Vannasdall, Outrigger Restaurant, Employer Accounting by Elizabeth J. Hubertz, Esq. (mpp) (Entered: 09/30/1998)

Sept. 25, 1998

Sept. 25, 1998

26

RESPONSE by Michael Watson, Louis Etheridge, Ahmad Rasheed to [21-1] order setting Response to Order Deadline re: [21-1] order to 9/29/98 for Ahmad Rasheed, for Louis Etheridge, for Michael Watson that the motion to withdraw has been served on parties (cmj) (Entered: 10/01/1998)

Sept. 25, 1998

Sept. 25, 1998

25

ORDER, Response to Motion set to 10/14/98 for [23-1] motion for Leave to File Cross-Claim against dft Outrigger Restaurant ( signed by Chief Judge Charles Butler Jr. ); copies mailed (cmj) (Entered: 10/01/1998)

Sept. 30, 1998

Sept. 30, 1998

27

MOTION by EEOC to Bifurcate Defendant Employer Accounting Services Com. Inc. as Successor to Skilstaf, Inc's Crossclaim against Defendant Outrigger Restaurant, Inc. ref. to Judge Butler (cmj) (Entered: 10/14/1998)

Oct. 13, 1998

Oct. 13, 1998

28

MEMORANDUM by EEOC in support of [27-1] motion to Bifurcate Defendant Employer Accounting Services Com. Inc. as Successor to Skilstaf, Inc's Crossclaim against Defendant Outrigger Restaurant, Inc.; ref. to Judge Butler (cmj) (Entered: 10/14/1998)

Oct. 13, 1998

Oct. 13, 1998

30

RESPONSE by Employer Accounting to [27-1] motion to Bifurcate Defendant Employer Accounting Services Com. Inc. as Successor to Skilstaf, Inc's Crossclaim against Defendant Outrigger Restaurant, Inc., ref. Judge Butler (jal) (Entered: 10/27/1998)

Oct. 23, 1998

Oct. 23, 1998

29

ORDER, set Motion Filing/obj. to Mtn. to Bifurcate deadline to 11/18/98 ( signed by Chief Judge Charles Butler Jr. ) copies mailed (jal) (Entered: 10/26/1998)

Oct. 26, 1998

Oct. 26, 1998

31

MOTION by Employer Accounting for Nathan Allan Wesely, Jonathan D. Quander to Appear Pro Hac Vice ; ref. to Judge Butler (cmj) (Entered: 10/29/1998)

Oct. 29, 1998

Oct. 29, 1998

32

NOTICE entered, endorsed motion granting [31-1] motion for Nathan Allan Wesely, Jonathan D. Quander to Appear Pro Hac Vice. Copies mailed 11/2/98 ( signed by Chief Judge Charles Butler Jr. ) (adk) (Entered: 11/02/1998)

Oct. 29, 1998

Oct. 29, 1998

33

MOTION by EEOC to Amend [15-1] Scheduling order ref. to Judge Milling (cmj) (Entered: 11/04/1998)

Nov. 2, 1998

Nov. 2, 1998

Motion(s) referred: [33-1] motion to Amend [15-1] Scheduling order referred to Mag. Judge Bert W. Milling Jr. (cmj) (Entered: 11/04/1998)

Nov. 2, 1998

Nov. 2, 1998

34

ORDER granting [33-1] motion to Amend [15-1] Scheduling order. Disclosure of expert testimony is extended from November 10, 1998 to November 24, 1998 for plaintiff and from December 8, 1998 to December 22, 1998 for Defendant. Copies mailed 11/9/98. ( signed by Mag. Judge Bert W. Milling Jr. ) (adk) (Entered: 11/09/1998)

Nov. 9, 1998

Nov. 9, 1998

35

MOTION by Employer Accounting to take depositions upon oral exa. of Ahmad Shareef Rasheed and Louis Etheridge ref. M/J Milling (jal) (Entered: 11/23/1998)

Nov. 19, 1998

Nov. 19, 1998

36

NOTICE entered, endorsed motion granting [35-1] motion to take depositions upon oral exa. of Ahmad Shareef Rasheed and Louis Etheridge ( signed by Mag. Judge Bert W. Milling Jr. ) copies mailed 12/1/98 (jal) (Entered: 12/01/1998)

Nov. 30, 1998

Nov. 30, 1998

37

MOTION by Employer Accounting successor to SkilStaf for Leave to File 2nd Cross Clm. agst. Deft. Out ref. Judge Butler (jal) (Entered: 12/09/1998)

Dec. 7, 1998

Dec. 7, 1998

38

MOTION by Employer Accounting to Stay pending mediation "to suspend the docket control order" ref. to Judge Butler (cmj) (Entered: 12/14/1998)

Dec. 14, 1998

Dec. 14, 1998

39

RESPONSE by EEOC to [37-1] motion for Leave to File 2nd Cross Clm. agst. Deft. Out (jal) (Entered: 12/16/1998)

Dec. 14, 1998

Dec. 14, 1998

40

ORDER granting [38-1] motion to Stay pending mediation "to suspend the docket control order"; unless parties notify Court otherwise by 2/8/99, the scheduling order will be reinstated and the deadlines will be adjusted ( signed by Chief Judge Charles Butler Jr. ); copies mailed (cmj) (Entered: 12/23/1998)

Dec. 23, 1998

Dec. 23, 1998

41

ORDER, Response to Motion set to 1/8/99 for [37-1] motion for Leave to File 2nd Cross Clm. agst. Deft. Out ( signed by Chief Judge Charles Butler Jr. ) ; copies mailed (cmj) (Entered: 12/30/1998)

Dec. 29, 1998

Dec. 29, 1998

42

SUGGESTION OF BANKRUPTCY by EEOC as to Outrigger Restaurant (cmj) (Entered: 02/03/1999)

Feb. 1, 1999

Feb. 1, 1999

42

MOTION by EEOC to Extend Time for discovery cutoff and trial date ref. to Judge Milling (cmj) (Entered: 02/03/1999)

Feb. 1, 1999

Feb. 1, 1999

43

ORDER granting [42-1] motion to Extend Time for discovery cutoff and trial date, granting [42-1] miscellaneous ( signed by Mag. Judge Bert W. Milling Jr. ) copies mailed (jal) (Entered: 02/05/1999)

Feb. 4, 1999

Feb. 4, 1999

44

ORDER, to Amend [15-1] Scheduling order , reset Pretrial Conference for 11:30 8/12/99 , reset Jury Selection for 8:45 8/31/99 , reset Jury Trial for 8:45 8/31/99 before Chief Judge Charles Butler Jr. , reset Discovery deadline to 5/6/99 , reset Motion Filing deadline to 5/27/99 , reset settlement position deadline for 5/6/99 as further sets out ( signed by Mag. Judge Bert W. Milling Jr. ) copies mailed w/SO (jal) (Entered: 02/05/1999)

Feb. 4, 1999

Feb. 4, 1999

45

ORDER granting [37-1] motion for Leave to File 2nd Cross Clm. agst. Deft. Outrigger Restaurant and Third-Party Claim against Marvin Ratcliff; Clerk is instructed to docket same ( signed by Chief Judge Charles Butler Jr. ) ; copies mailed (cmj) (Entered: 02/09/1999)

Feb. 8, 1999

Feb. 8, 1999

46

ORDER denying [27-1] motion to Bifurcate Defendant Employer Accounting Services Com. Inc. as Successor to Skilstaf, Inc's Crossclaim against Defendant Outrigger Restaurant, Inc. ( signed by Chief Judge Charles Butler Jr. ); copies mailed (cmj) (Entered: 02/09/1999)

Feb. 8, 1999

Feb. 8, 1999

47

CROSSCLAIM by Employer Accounting (Skilstaf) against Outrigger Restaurant (cmj) (Entered: 02/09/1999)

Feb. 8, 1999

Feb. 8, 1999

47

THIRD-PARTY COMPLAINT by Employer Accounting against Marvin L. Ratcliff Jr. (cmj) (Entered: 02/09/1999)

Feb. 8, 1999

Feb. 8, 1999

48

Third Party SUMMONS(ES) issued for Marvin L. Ratcliff Jr. (mailed to attorney Wickliff for service) (cmj) (Entered: 02/09/1999)

Feb. 9, 1999

Feb. 9, 1999

Motion(s) referred: [23-1] motion for Leave to File Cross-Claim against dft Outrigger Restaurant referred to Chief Judge Charles Butler Jr. for report maint. purposes. (adk) (Entered: 02/23/1999)

Feb. 23, 1999

Feb. 23, 1999

49

RETURN OF SERVICE executed as to Marvin L. Ratcliff Jr. 3/11/99 Answer due on 3/31/99 for Marvin L. Ratcliff Jr. (jal) (Entered: 03/22/1999)

March 19, 1999

March 19, 1999

50

MOTION by Marvin L. Ratcliff Jr. for Protective Order ref. M/J Milling (jal) (Entered: 04/01/1999)

March 31, 1999

March 31, 1999

51

ANSWER to Complaint by Marvin L. Ratcliff Jr. (Attorney Lee Benton), (jal) (Entered: 04/01/1999)

March 31, 1999

March 31, 1999

52

OBJECTION by Marvin L. Ratcliff Jr. to production of subpoenaed docs., ref. M/J Milling (jal) (Entered: 04/01/1999)

March 31, 1999

March 31, 1999

53

ORDER striking [50-1] motion to compel/for Protective Order , Third-Pty Deft. Marvin Ratcliff's Obj. to production of subp. docs. (doc. 52) is Noted, as set out ( signed by Mag. Judge Bert W. Milling Jr. ) copies mailed (jal) (Entered: 04/06/1999)

April 2, 1999

April 2, 1999

54

ORDER correcting Court's Order dated April 2, 1999 to read as set out, striking [50-1] motion for Protective Order ( signed by Mag. Judge Bert W. Milling Jr. ) ; copies mailed (cmj) (Entered: 04/12/1999)

April 12, 1999

April 12, 1999

55

NOTICE of attorney appearance for EEOC by Marc J. Rosenblum (cmj) (Entered: 04/26/1999)

April 22, 1999

April 22, 1999

56

MOTION by Outrigger Restaurant for Frank James, III to Withdraw as Attorney ref. Judge Butler (jal) (Entered: 04/27/1999)

April 26, 1999

April 26, 1999

57

Position regarding Settlement filed by plaintiff EEOC, defendant Outrigger Restaurant, defendant Employer Accounting, movant Gregory King, movant Michael Watson, movant Wallace Kyles, movant Tyrone Pearson, movant Henry Sullivan, movant Michael Jackson, movant Louis Etheridge, movant Ahmad Rasheed, movant Barbara Clarkson, movant Cassandra Knight, movant Dawn Whiting, movant Mark A. Vannasdall, intervenor-plaintiff Gregory King, intervenor-plaintiff Earlene Millender, intervenor-plaintiff JoAnn Sullivan, intervenor-plaintiff Deloise Porter, intervenor-plaintiff Michael Watson, intervenor-plaintiff Wallace Kyles, intervenor-plaintiff Tyrone Pearson, intervenor-plaintiff Henry Sullivan, intervenor-plaintiff Michael Jackson, intervenor-plaintiff Louis Etheridge, intervenor-plaintiff Ahmad Rasheed, intervenor-plaintiff Barbara Clarkson, intervenor-plaintiff Cassandra Knight, intervenor-plaintiff Dawn Whiting, intervenor-plaintiff Mark A. Vannasdall, intervenor-defendant Outrigger Restaurant, intervenor-defendant Employer Accounting, cross-claimant Employer Accounting, cross-defendant Outrigger Restaurant, third-party plaintiff Employer Accounting, third-party defendant Marvin L. Ratcliff Jr., ref. M/J Milling (jal) (Entered: 05/07/1999)

May 6, 1999

May 6, 1999

58

MOTION by Marvin L. Ratcliff Jr. to Amend Scheduling Order ref. to Judge Milling (cmj) (Entered: 05/24/1999)

May 19, 1999

May 19, 1999

59

MOTION by EEOC to Withdraw the Reference to the US Bankruptcy Court ref. to Judge Butler (cmj) (Entered: 05/24/1999)

May 19, 1999

May 19, 1999

60

MEMORANDUM by EEOC in support of [59-1] motion to Withdraw the Reference to the US Bankruptcy Court; ref. to Judge Butler (cmj) (Entered: 05/24/1999)

May 19, 1999

May 19, 1999

61

MOTION by Outrigger Restaurant to Extend Time in which to file dispositive motions referred to Judge Butler (adk) (Entered: 05/26/1999)

May 24, 1999

May 24, 1999

62

AMENDED MOTION by EEOC to Withdraw the Reference to the U. S. Bankruptcy Court referring to [59-1] motion to Withdraw the Reference to the US Bankruptcy Court. Referred to Judge Butler 5/26/99 (adk) (Entered: 05/26/1999)

May 24, 1999

May 24, 1999

63

MEMORANDUM by EEOC in support of [62-1] amended motion to Withdraw the Reference to the U. S. Bankruptcy Court (adk) (Entered: 05/26/1999)

May 24, 1999

May 24, 1999

64

MOTION by EEOC to Expedite the ruling on Motion to Withdraw ref. to the USBank. Court (adk) (Entered: 05/26/1999)

May 24, 1999

May 24, 1999

Motion(s) referred: [58-1] motion to Amend Scheduling Order referred to Chief Judge Charles Butler Jr. (cmj) (Entered: 05/26/1999)

May 26, 1999

May 26, 1999

69

Motion(s) joined by Gregory King, Earlene Millender, JoAnn Sullivan, Deloise Porter, Michael Watson, Wallace Kyles, Tyrone Pearson, Henry Sullivan, Michael Jackson, Louis Etheridge, Ahmad Rasheed, Barbara Clarkson, Cassandra Knight, Dawn Whiting, Mark A. Vannasdall, Outrigger Restaurant, Employer Accounting : joinder in [62-1] amended motion to Withdraw the Reference to the U. S. Bankruptcy Court, ref. Judge Butler (jal) Modified on 06/11/1999 (Entered: 06/02/1999)

May 26, 1999

May 26, 1999

68

NOTICE of withdrawal of representation by Elizabeth J. Hubertz as counsel for Earlene Millender, Delois Porter, Tyrone Pearson, Michael Jackson, Henry Sullivan, Jo Ann Sullivan, Barbara Clarkson, Gregory King, Wallace Kyles, Mark Vannasdall, Dawn Whiting, and Cassandra Knight. (adk) (Entered: 06/01/1999)

May 27, 1999

May 27, 1999

65

NOTICE entered, endorsed motion granting [59-1] motion to Withdraw the Reference to the US Bankruptcy Court; granting [61-1] motion to Extend Time in which to file dispositive motions, reset Motion Filing deadline to 6/10/99 mooting [62-1] amended motion to Withdraw the Reference to the U. S. Bankruptcy Court mooting [64-1] motion to Expedite the ruling on Motion to Withdraw ref. to the USBank. Court ( signed by Chief Judge Charles Butler Jr. ); copies mailed (cmj) (Entered: 06/01/1999)

May 28, 1999

May 28, 1999

66

ORDER granting [56-1] motion for Frank James, III to Withdraw as Attorney (Terminated attorney Frank S. James for Outrigger Restaurant, attorney Wesley C. Redmond for Outrigger Restaurant, attorney Frank S. James for Outrigger Restaurant, attorney Frank S. James for Outrigger Restaurant, attorney Wesley C. Redmond for Outrigger Restaurant. Defendant shall have an attorney make an appearance on its behalf by June 9, 1999, failure to do so may result in a default judgment against dft. and dismissal of its third party complaint. The Clerk shall send this order to Outriggert as further set out. Copies mailed 6/2/99 ( signed by Chief Judge Charles Butler Jr. ) (adk) (Entered: 06/01/1999)

June 1, 1999

June 1, 1999

67

ORDER granting [58-1] motion to Amend Scheduling Order, reset Discovery deadline to 7/8/99 ( signed by Chief Judge Charles Butler Jr. ) (adk) (Entered: 06/01/1999)

June 1, 1999

June 1, 1999

70

MOTION by EEOC for Partial Summary Judgment ref. Judge Butler (jal) Modified on 06/11/1999 (Entered: 06/11/1999)

June 10, 1999

June 10, 1999

71

NOTICE of by EEOC of Filing in Support of the EEOC's Motion for Summary Jgm. (SUPPORTING DOCUMENTS 1-43; 1) Gregory King's Charge of Discrim., 2) Earlene Millender's COD 3) JoAnn Sullivan's COD, 4) Deloise Porter's COD, 5) Michael Watson's COD, 6) Wallace Kyles' COD, 7) Tyrone Person's COD, 8) Henry Sullivan's COD, 9) Michael Jackson's COD, 10) Louis Etheridege's COD, 11) Gregory King's COD, 12) Earlene Millemnder's DOC, 13) JoAnn Sullivan's COD, 14) Deloise Porter's COD, 15) Michael Watson's COD, 16) Wallace Kyles COD, 17) Tyrone Pearson's COD, 18) Henry Sullivan's COD, 19) Michael Jackson's COD, 20) Louis Etheridge's COD, 21) Gregory King's Determination and Amd. Deter., 22) Earlene Millenmnder's DAD, 23) JoAnn Sullivan's DAD, 24) Deloise Porter's DAD, 25) Michael Watson's DAD, 26) Wallace Kyles' DAD, 27) Tyrone Pearson's DAD, 28) Henry Sullivan's DAD, 29) Michael Jackson's DAD, 30) Louis Etheridge's DAD, 31) Ltr. from EEOC notifying Deft's Conciliation will fail, 32) Aff of Donald Burris, 33) Outrigger's Answer, 34) SkilStaf's Ans. to Inter., 35) Outrigger's Ans. to Inter., 36) SkilStaf's Client Serv. Agree. 7/13/94, 37) SkilStaf's Client Service Agree. dated 1/1/96, 38) Nathan Wayne Stark's Deposition, 39) Henry Lipsey's Depo., 40) Woody O'Brien's depo., 41) Marvin Ratcliff's depo., 42) On-Site Supervisor Agreement, 43) Pltf's Memo in Sup. of Mtn. for SJ (SEE 2 RED FOLDERS CONTAINING THESE EXHIBITS) (jal) (Entered: 06/11/1999)

June 10, 1999

June 10, 1999

72

MEMORANDUM by EEOC in support of [70-1] motion for Partial Summary Judgment (jal) (Entered: 06/11/1999)

June 10, 1999

June 10, 1999

74

MEMORANDUM by Skilstaf's/Outrigger Restaurant, Employer Accounting in support of [73-1] motion for Partial Summary Judgment regarding its status as an employer, ref. Judge Butler (jal) (Entered: 06/11/1999)

June 10, 1999

June 10, 1999

75

MOTION by Skilstaf's/Employer Accounting for Partial Summary Judgment regarding liability for contractual indemnity with exhibits A-R, ref. Judge Butler (jal) Modified on 06/11/1999 (Entered: 06/11/1999)

June 10, 1999

June 10, 1999

76

MEMORANDUM by Skilstaf's/Outrigger Restaurant, Employer Accounting in support of [75-1] motion for Partial Summary Judgment regarding Deft. Outrigger Restaurant, Inc.'s, liability for Contractual Indemnity, ref. Judge Butler (jal) (Entered: 06/11/1999)

June 10, 1999

June 10, 1999

77

MOTION by SkilStaf/Employer Accounting for Partial Summary Judgment and Mem. of Authorities regarding Pltf-Intervenors' Claim, ref. Judge Butler (jal) Modified on 06/11/1999 (Entered: 06/11/1999)

June 10, 1999

June 10, 1999

78

MOTION by Skillstaf's/Employer Accounting for Partial Summary Judgment , regarding Dawn Whiting's Hiring Claim, ref. Judge Butler (jal) (Entered: 06/11/1999)

June 10, 1999

June 10, 1999

79

MEMORANDUM by Skilstaf's/Employer Accounting in support of [78-1] motion for Partial Summary Judgment on Dawn Whiting's Hiring Claim, ref. Judge Butler (jal) (Entered: 06/11/1999)

June 10, 1999

June 10, 1999

80

ORDER on [78-1] motion for Partial Summary Judgment, [77-1] motion for Partial Summary Judgment, [75-1] motion for Partial Summary Judgment, [73-1] motion for Partial Summary Judgment, [70-1] motion for Partial Summary Judgment setting response time as follows: response due 6/30/99 ; reply to response to motion due 7/12/99 ; motion to be TUS 7/12/99 ; ( signed by Chief Judge Charles Butler Jr. ) copies mailed 6/15/99 (jal) (Entered: 06/21/1999)

June 15, 1999

June 15, 1999

81

RESPONSE by Marvin L. Ratcliff Jr. to [77-1] motion for Partial Summary Judgment filed by Skilstaff, Inc., ref. Judge Butler (jal) (Entered: 07/07/1999)

July 2, 1999

July 2, 1999

82

MEMORANDUM by Marvin L. Ratcliff Jr. in support of [81-1] response of Marvin Reatcliff to Skilstaff's Mtn. for Partial Summary Jgm., ref. Judge Butler (jal) (Entered: 07/07/1999)

July 2, 1999

July 2, 1999

83

Skilstaf's (Employer Accounting Services) Reply to [81-1] Marvin Ratcliff's response to Skilstaf's Motion for Partial Summary Jgm. regarding indemnification, ref. Judge Butler (jal) (Entered: 07/16/1999)

July 13, 1999

July 13, 1999

84

Notice of filing AFFIDAVIT by Skilstaff/Employer Accounting Re: [83-1] Nathan Wayne Stark in support of its Reply to Marvin Ratcliff's Resp. to Skilstaf's Mtn. for Part. SJ., ref. Judge Butler (jal) (Entered: 07/16/1999)

July 14, 1999

July 14, 1999

85

AFFIDAVIT by Skilstaf/Employer Accounting Re: Martin Wickliff, Jr., Esq. (counsel for Skilstaf) in ref. to final settlement negotiations (jal) (Entered: 07/16/1999)

July 14, 1999

July 14, 1999

87

Supplemental RESPONSE by Marvin L. Ratcliff Jr. to [82-1] support memorandum for summary judgment, ref. Judge Butler (jal) (Entered: 07/26/1999)

July 23, 1999

July 23, 1999

88

MOTION by Outrigger Restaurant, Outrigger Restaurant to Continue PT cnf. set 8/12/99 , ref. Judge Butler (jal) (Entered: 07/27/1999)

July 27, 1999

July 27, 1999

89

ORDER granting [88-1] motion to Continue PT cnf. set 8/12/99, reset Pretrial Conference for 9:00 9/14/99 ( signed by Chief Judge Charles Butler Jr. ); copies mailed (cmj) (Entered: 07/28/1999)

July 27, 1999

July 27, 1999

98

Defendant Skilstaf's Pre-trial disclosures/Witness list by Outrigger Restaurant, Employer Accounting, (this is the orig. rec. in this office 9/23/99 which was stamped in the night depository and returned to the Deft's office), see attached note stamped 9/23/99 (jal) (Entered: 09/24/1999)

Aug. 5, 1999

Aug. 5, 1999

90

MOTION by Outrigger Restaurant to supplement designaiton of experts , ref. Judge Butler (jal) (Entered: 08/10/1999)

Aug. 9, 1999

Aug. 9, 1999

91

Deft Skilstaf's Amended Pre-Trial Disclosures/Witness list by Outrigger Restaurant (jal) (Entered: 08/10/1999)

Aug. 9, 1999

Aug. 9, 1999

92

MOTION by Outrigger Restaurant to supplement designation of experts , ref. Judge Butler (jal) (Entered: 08/13/1999)

Aug. 10, 1999

Aug. 10, 1999

Deadline updated; reset Jury Selection for 9:00 10/5/99 , and reset Jury Trial for 9:00 10/5/99 before Chief Judge Charles Butler Jr. (adk) (Entered: 08/11/1999)

Aug. 11, 1999

Aug. 11, 1999

93

RESPONSE by Marvin L. Ratcliff Jr. to [92-1] motion to supplement designation of experts, [90-1] motion to supplement designaiton of experts ; ref. to Judge Butler (cmj) (Entered: 08/19/1999)

Aug. 18, 1999

Aug. 18, 1999

93

MOTION by Marvin L. Ratcliff Jr. to supplement designation of experts ref. to Judge Butler (cmj) (Entered: 08/19/1999)

Aug. 18, 1999

Aug. 18, 1999

94

MOTION by Outrigger Restaurant for Court to allow it to appear by counsel and file a resp. to Skilstaff's Inc. Mtn. for SJ , ref. Judge Butler (jal) (Entered: 08/24/1999)

Aug. 20, 1999

Aug. 20, 1999

Case Details

State / Territory: Alabama

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 29, 1997

Closing Date: June 19, 2000

Case Ongoing: No

Plaintiffs

Plaintiff Description:

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

Plaintiff Type(s):

EEOC Plaintiff

Private Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Skilstaf, Inc., Private Entity/Person

Employer Accounting Services Com. Inc., Private Entity/Person

Outrigger Restaurant, Inc., 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

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

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: 150000

Order Duration: 1999 - 2001

Content of Injunction:

Retaliation Prohibition

Discrimination Prohibition

Neutral/Positive Reference

Monitoring

Other requirements regarding hiring, promotion, retention

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Implement complaint/dispute resolution process

Reporting

Recordkeeping

Issues

General:

Disparate Treatment

Discrimination-area:

Harassment / Hostile Work Environment

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Discrimination-basis:

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit