Case: U.S. v. Escambia County Board of Education

1:05-cv-00125 | U.S. District Court for the Southern District of Alabama

Filed Date: March 1, 2005

Closed Date: 2008

Clearinghouse coding complete

Case Summary

On March 01, 2005, the U.S. Department of Justice ("D.O.J.") filed a lawsuit against Escambia County Board of Education ("Escambia Board") under Title VII of the Civil Rights Act of 1964 in the U.S. District Court for the Southern District of Alabama. The D.O.J. sought injunctive and monetary relief, alleging that the defendant violated Title VII by discriminating against a female custodian on the basis of sex and by retaliating against the female custodian for complaining about the harassment.…

On March 01, 2005, the U.S. Department of Justice ("D.O.J.") filed a lawsuit against Escambia County Board of Education ("Escambia Board") under Title VII of the Civil Rights Act of 1964 in the U.S. District Court for the Southern District of Alabama. The D.O.J. sought injunctive and monetary relief, alleging that the defendant violated Title VII by discriminating against a female custodian on the basis of sex and by retaliating against the female custodian for complaining about the harassment.

The complaint specifically alleges that defendant discriminated on the basis of sex by: (1) subjecting the female custodian to sexual harassment during her employment with the Escambia Board that adversely affected the terms, conditions, and privileges of her employment; and (2) failing or refusing to take appropriate action to remedy the effects of the discriminatory treatment. The complaint further alleges that defendant retaliated against plaintiff by: (1) discharging plaintiff for opposing conduct that she reasonably believed to be unlawful under Title VII; and (2) failing or refusing to take appropriate action to remedy effects of the discriminatory treatment.

On June 3, 2005, the intervener complaint was filed requesting monetary and injunctive relief, and alleging that defendant violated Title VII by: (1) subjecting plaintiff to a sexually hostile, offensive and abusive work environment by the actions of an agent of defendant; and (2) failing or refusing to take remedial action or enforce an efficient anti-harassment policy. The complaint further alleged that defendant retaliated against plaintiff by terminating plaintiff's employment because of and in retaliation for her complaints reporting the unlawful sexual harassment of defendant's agent.

On August 14, 2006, the district court (Judge William H. Steele) entered a consent decree ordering that defendant: (1) agree to offer intervenor plaintiff a monetary relief, including backpay, compensatory damages, and attorney's fees and costs; (2) not provide negative employment references for the intervener plaintiff; (3) insure that every current employee has signed a declaration regarding its revised sexual harassment policy; (4) provide mandatory training regarding sexual harassment to all Escambia County Board of Education employees, supervisors, administrators, and officials; and (5) adopt, as a criterion for evaluating the performance of all employees who have supervisory or managerial authority over other employees of the Escambia County Board of Education, a factor that takes into account those individual's awareness of and compliance with the Board's sexual harassment policy.

We have no further information on this case.

The decree was entered in 2006 and scheduled to last 2008. No further docket entries exist, so the case is closed.

Summary Authors

Hyun Jeong Yang (11/5/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4675942/parties/united-states-v-escambia-county-board-of-education/


Judge(s)

Cassady, William E. (Alabama)

Steele, William H. (Alabama)

Attorneys(s) for Plaintiff

Baer, Charles (Alabama)

Embrey, Diana L. (District of Columbia)

Fenton, William B. (District of Columbia)

Galbreath, Robert Lee (District of Columbia)

Gardner, Leslie M. (District of Columbia)

Palmer, David J. (District of Columbia)

Attorneys(s) for Defendant

Carr, Clay Richard (Alabama)

Other Attorney(s)

Active

Judge(s)

Cassady, William E. (Alabama)

Steele, William H. (Alabama)

Attorneys(s) for Plaintiff

Baer, Charles (Alabama)

Embrey, Diana L. (District of Columbia)

Fenton, William B. (District of Columbia)

Galbreath, Robert Lee (District of Columbia)

Gardner, Leslie M. (District of Columbia)

Palmer, David J. (District of Columbia)

Attorneys(s) for Defendant

Carr, Clay Richard (Alabama)

Other Attorney(s)

Bennett, Alicia Fritz (Alabama)

Boardman, Mark S. (Alabama)

Stein, Gregory B. (Alabama)

Documents in the Clearinghouse

Document

Docket [PACER]

Aug. 14, 2006 Docket
1

Complaint and Demand for Jury Trial

March 1, 2005 Complaint
3

Intervenor's Complaint

April 6, 2005 Complaint
50

Order [Granting Motion to Compel]

March 21, 2006 Order/Opinion
61

Consent Decree

Aug. 14, 2006 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4675942/united-states-v-escambia-county-board-of-education/

Last updated May 20, 2022, 1:14 a.m.

ECF Number Description Date Link
61

Consent Decree filed by the parties. Signed by Judge William H. Steele on 8/14/06. Copies to parties.(mpp)

Aug. 14, 2006 RECAP
1

COMPLAINT against Escambia County Board of Education filed by United States of America.(Galbreath, Robert) Civil Cover Sheet added as attachment on 3/1/2005 (tgw). (Entered: 03/01/2005)

March 1, 2005
2

Service Order entered 3/18/2005. Plaintiff to notify the Court the action taken to effect service and the results thereof. Service order deadline set to 5/2/2005. Signed by Judge William H. Steele on 3/18/05. Copy to Pltf.(mpp) (Entered: 03/18/2005)

March 18, 2005
4

MOTION to Intervene by Betty J. Hooks. (Stein, Gregory) (Entered: 04/06/2005)

April 6, 2005

REFERRAL OF 4 MOTION to Intervene to Judge Steele. (tgw, ) (Entered: 04/07/2005)

April 7, 2005

REFERRAL OF 3 Intervenor Complaint to Judge Steele. (tgw, ) (Entered: 04/07/2005)

April 7, 2005
5

NOTICE by United States of America of Service Attempt (Galbreath, Robert) (Entered: 04/20/2005)

April 20, 2005
6

WAIVER OF SERVICE Returned Executed by United States of America. Escambia County Board of Education waiver sent on 4/5/2005, answer due 6/6/2005. (Galbreath, Robert) (Entered: 05/06/2005)

May 6, 2005
7

Order re: 4 MOTION to Intervene filed by Betty J. Hooks. Responses due by 5/20/2005 for 4, Replies due by 5/27/2005 for 4. The motion will be taken under submission on 5/27/05. Signed by Judge William H. Steele on 5/9/05. Copy mailed to Alicia F. Bennett, Esq. as ordered(tgw) (Entered: 05/10/2005)

May 9, 2005
8

ORDER stating the Court finds that Hooks' request for intervention is proper,therefore GRANTING the 4 Motion to Intervene, and the Clerk's Office is directed to docket the proposed Intervenor's Complaint (doc. 3) as the operative complaint in intervention in this action. Signed by Judge William H. Steele on 6/3/05. Copies to parties.(mpp) (Entered: 06/03/2005)

June 3, 2005
9

Intervenor COMPLAINT filed by Betty J. Hooks.(mpp) (Entered: 06/03/2005)

June 3, 2005
10

ORDER TO SHOW CAUSE: The plaintiff and plaintiff-intervenor are ordered to show cause by 7/15/05 why they have not sought entry of default and default judgment against defendant Escambia for noncompliance with Rule 12. Show Cause Response due by 7/15/2005. Signed by Judge William H. Steele on 7/5/05. Copy of order mailed to Alicia F. Bennett as ordered.(tgw) (Entered: 07/06/2005)

July 5, 2005
11

Defendant's ANSWER to Complaint Filed by United States , Defendant's ANSWER to Intervenor Complaint Filed by Betty J. Hooks by Escambia County Board of Education, Escambia County Board of Education.(Boardman, Mark) (Entered: 07/14/2005)

July 14, 2005
12

NOTICE of Appearance by Alicia Fritz Bennett on behalf of Escambia County Board of Education, Escambia County Board of Education (Bennett, Alicia) (Entered: 07/14/2005)

July 14, 2005
13

RESPONSE TO ORDER re: 10 Order to Show Cause, by Betty J. Hooks filed by Betty J. Hooks. (Stein, Gregory) (Entered: 07/15/2005)

July 15, 2005
14

RESPONSE TO ORDER TO SHOW CAUSE re: 10 Order to Show Cause, filed by United States of America. (Galbreath, Robert) (Entered: 07/15/2005)

July 15, 2005

REFERRAL OF 14 Response to Order to Show Cause & 13 Response to Order to Judge Steele. (mpp) (Entered: 07/15/2005)

July 15, 2005
16

Document endorsed NOTED by Judge William H. Steele : Response to Order to Show Cause 13 filed by Betty J. Hooks. (Steele, William) (Entered: 07/18/2005)

July 18, 2005
17

Document endorsed NOTED by Judge William H. Steele : Response to Order to Show Cause 14 filed by United States of America. (Steele, William) (Entered: 07/18/2005)

July 18, 2005
18

REPORT of Rule 26(f) Planning Meeting. (Stein, Gregory) (Entered: 07/29/2005)

July 29, 2005

REFERRAL OF 18 Report of Rule 26(f) Planning Meeting to Judge DuBose. (mpp) (Entered: 07/29/2005)

July 29, 2005
19

Notice of Filing filed by Betty J. Hooks.(Stein, Gregory) (Entered: 07/29/2005)

July 29, 2005
20

SCHEDULING ORDER: Pretrial Conference set for 7/11/2006 at 9:30 AM in Courtroom 2A before Judge William H. Steele. Amended Pleadings due by 1/13/2006. Discovery cutoff 4/3/2006. Motions due by 4/17/2006. Jury Selection set for 8/1/2006 at 9:00 AM in Courtroom 2A before Judge William H. Steele. Position Regarding Settlement due by 4/3/2006. Signed by Judge Kristi K. DuBose on 8/4/05. (Attachments: # 1 Standing Pretrial Order)Copies to parties 8/8/05.(mpp) (Entered: 08/08/2005)

Aug. 5, 2005
21

MOTION to Amend Scheduling Order by Betty J. Hooks. (Stein, Gregory) (Entered: 08/09/2005)

Aug. 9, 2005

REFERRAL OF 21 MOTION to Amend Scheduling Order to Judge Dubose. (tgw) (Entered: 08/09/2005)

Aug. 9, 2005
22

AMENDED SCHEDULING ORDER entered. The 21 Motion to Amend Scheduling Order is GRANTED. Reports from retained experts under Rule 26(a)(2)(B) shall be produced by the parties on or before January 17, 2006. Rebuttal reports shall be produced on or before February 17, 2006. All other deadlines set forth in the Rule 16(b) Scheduling Order (Doc. 20) remain in effect. Signed by Judge Kristi K. DuBose on 8/11/05. (tgw) (Entered: 08/11/2005)

Aug. 11, 2005
23

Notice of Filing Discovery filed by Betty J. Hooks.(Stein, Gregory) Modified on 8/18/2005 (tgw, ). (Entered: 08/18/2005)

Aug. 18, 2005
24

NOTICE by United States of America Notice of Filing (Galbreath, Robert) (Entered: 08/18/2005)

Aug. 18, 2005
25

NOTICE of Appearance by Clay Richard Carr on behalf of Escambia County Board of Education, Escambia County Board of Education (Carr, Clay) (Entered: 09/22/2005)

Sept. 22, 2005
26

MOTION for Protective Order by Escambia County Board of Education. (Attachments: # 1 Exhibit Protective Order)(Carr, Clay) (Entered: 09/28/2005)

Sept. 28, 2005

REFERRAL OF 26 MOTION for Protective Order to Judge DuBose. (tgw) (Entered: 09/29/2005)

Sept. 29, 2005
28

Notice of Filing filed by Betty J. Hooks.(Stein, Gregory) (Entered: 10/28/2005)

Oct. 28, 2005
29

NOTICE by Escambia County Board of Education of Filing Objection (Carr, Clay) (Entered: 11/14/2005)

Nov. 14, 2005
30

NOTICE by United States of America First Document Request (Galbreath, Robert) (Entered: 11/17/2005)

Nov. 17, 2005
31

MOTION to Compel Discovery by Betty J. Hooks. (Attachments: # 1 # 2)(Stein, Gregory) Modified on 11/22/2005 (tgw). (Entered: 11/22/2005)

Nov. 22, 2005
32

Brief re 31 MOTION. (Stein, Gregory) (Entered: 11/22/2005)

Nov. 22, 2005

REFERRAL OF 31 MOTION to Compel Discovery to Judge DuBose. (tgw, ) (Entered: 11/22/2005)

Nov. 22, 2005
33

Order re: 31 MOTION to Compel filed by Betty J. Hooks. Responses due by 12/6/2005 for 31. Signed by Judge Kristi K. DuBose on 11/29/05. (tgw) (Entered: 11/29/2005)

Nov. 29, 2005
34

Memorandum in Opposition re 31 MOTION to Compel filed by Escambia County Board of Education, Escambia County Board of Education. (Carr, Clay) (Entered: 12/04/2005)

Dec. 4, 2005

REFERRAL OF 34 Memorandum in Opposition to Motion to Compel to Judge DuBose. (mpp) (Entered: 12/05/2005)

Dec. 5, 2005
35

REPLY to 34 Memorandum in Opposition filed by Betty J. Hooks. (Stein, Gregory) (Entered: 12/06/2005)

Dec. 6, 2005

REFERRAL OF 35 Reply to Response to Motion to Compel to Judge DuBose. (tgw, ) (Entered: 12/06/2005)

Dec. 6, 2005
36

PROTECTIVE ORDER ENTERED. The 31 MOTION to Compel filed by Betty J. Hooks is MOOT because the parties have agreed upon the provisions set out herein exceptfor paragraph I.7. Signed by Judge Kristi K. DuBose on 12/14/05. (tgw) (Entered: 12/14/2005)

Dec. 14, 2005
37

This action has been transferred from the docket of Magistrate Judge Kristi K. DuBose and is now assigned to the docket of Magistrate Judge William E. Cassady. To insure that your pleadings are referred to the proper Judge and Magistrate Judge with as little delay as possible, please use the letter suffix WS-C after the case number on all future pleadings. (tgw) (Entered: 12/27/2005)

Dec. 27, 2005
38

Notice of Filing Notices of Depositions filed by Betty J. Hooks.(Stein, Gregory) (Entered: 02/20/2006)

Feb. 20, 2006
39

Notice of Filing Plaintiff-Intervenor's Second Requests for Admissions to Defendant Escambia County Board of Education filed by Betty J. Hooks.(Stein, Gregory) (Entered: 02/22/2006)

Feb. 22, 2006
41

Notice of Filing Subpoena of June Mabry filed by Betty J. Hooks.(Stein, Gregory) (Entered: 02/23/2006)

Feb. 23, 2006
42

Notice of Filing First Set of Interrogatories and Second Request to Produce Documents filed by United States of America.(Galbreath, Robert) (Entered: 02/28/2006)

Feb. 28, 2006
43

Notice of Filing Responses to Plaintiff's First Discovery Request filed by Escambia County Board of Education.(Bennett, Alicia) (Entered: 03/06/2006)

March 6, 2006
44

MOTION to Compel by Betty J. Hooks. (Attachments: # 1 # 2 # 3 # 4)(Stein, Gregory) (Entered: 03/08/2006)

March 8, 2006

REFERRAL OF 44 MOTION to Compel to Judge Cassady. (tgw, ) (Entered: 03/08/2006)

March 8, 2006
45

NOTICE by Escambia County Board of Education of Service of Defendant's Supplemental Responses to Plaintiff's First Discovery Request (Bennett, Alicia) (Entered: 03/08/2006)

March 8, 2006
46

Order re: 44 MOTION to Compel filed by Betty J. Hooks. Responses due by 3/20/2006 for 44. Motion to be taken under submission on 3/20/2006 without oral argument. Signed by Judge William E. Cassady on 3/9/06. (tgw) (Entered: 03/09/2006)

March 9, 2006
47

NOTICE by Betty J. Hooks of Possibly Conflicting Trial Schedules (Stein, Gregory) (Entered: 03/13/2006)

March 13, 2006

REFERRAL OF 47 Notice of Possibly Conflicting Trial Schedules in Aug. 2006 to Judge Cassady. (mpp) (Entered: 03/13/2006)

March 13, 2006
48

Order . The notice of a possible trial conflict is noted. Counsel shall specifically add this matter to the final pretrial agenda for consideration by the trial judge. Signed by Judge William E. Cassady on 3/18/06. (Cassady, William) (Entered: 03/18/2006)

March 18, 2006
49

RESPONSE to 44 MOTION to Compel Defendant's Response to Plaintiff-Intervenor's Rule 37 Motion to Compel Discovery filed by Escambia County Board of Education, Escambia County Board of Education. (Attachments: # 1 Exhibit A)(Bennett, Alicia) (Entered: 03/20/2006)

March 20, 2006

REFERRAL OF 49 Response to Judge Cassady. (mpp) (Entered: 03/20/2006)

March 20, 2006
50

ORDER GRANTING IN ITS ENTIRETY the 44 Motion to Compel . Signed by Judge William E. Cassady on 3/21/06. (tgw) (Entered: 03/21/2006)

March 21, 2006
51

NOTICE by Escambia County Board of Education of Service of Defendant's Supplemental Responses to Plaintiff-Intervenor's Second Discovery Request (Bennett, Alicia) (Entered: 03/28/2006)

March 28, 2006
52

Position Regarding Settlement - Joint Statement Regarding Settlement (All Parties) filed by United States of America. (Galbreath, Robert) (Entered: 04/03/2006)

April 3, 2006
53

Order setting a Settlement Conference for 5/16/2006 09:30 AM in Courtroom 3A before Magistrate Judge William E. Cassady. Signed by Judge William E. Cassady on 4/4/06. (tgw) (Entered: 04/04/2006)

April 4, 2006

Minute Entry for proceedings held before Judge William E. Cassady : Settlement Conference (preliminaries) held on 5/16/2006. FTR Digital Audio Recording. (eec, ) (Entered: 05/16/2006)

May 16, 2006
54

Witness List by Escambia County Board of Education. (Bennett, Alicia) (Entered: 06/27/2006)

June 27, 2006
55

Witness List by United States of America. (Galbreath, Robert) (Entered: 06/27/2006)

June 27, 2006
56

Proposed Pretrial Order by Betty J. Hooks. (Stein, Gregory) (Entered: 07/06/2006)

July 6, 2006

REFERRAL OF 56 Proposed Pretrial Order to Judge Steele. (mpp) (Entered: 07/06/2006)

July 6, 2006
57

Order . After reading the settlement conference submissions that were received on today's date, it is determined that the Court needs additional information in preparation of the conference set for Monday afternoon. Specifically, the court needs a summary of the reasonable hours spent on this case to date by the members of Stein, Brewster & Pilcher, L.L.C., as well as the hourly rate for each attorney involved which they believe to be a reasonable rate in the Southern District of Alabama for similar work. This information is to be presented to the Court ASAP and shared with opposing counsel but not filed or otherwise made public. It shall be considered for settlement purposes only and will not be available for any other purpose. Signed by Judge William E. Cassady on 7/7/06. (Cassady, William) (Entered: 07/07/2006)

July 7, 2006

Minute Entry for proceedings held before Judge William E. Cassady : Settlement Conference held on 7/10/2006. SEALED FTR Digital Audio Recording. (eec, ) (Entered: 07/10/2006)

July 10, 2006
59

Order . After a settlement conference held on July 10, 2006, the parties entered into a settlement agreement and asked for 30 days to consummate the settlement. Accordingly, the parties shall comply with all settlement terms, including the submission of a proposed consent decree to Judge Steele, no later than August 10, 2006. Signed by Judge William E. Cassady on 7/12/06. (Cassady, William) (Entered: 07/12/2006)

July 12, 2006
60

Joint MOTION for Consent Decree by Betty J. Hooks. (Attachments: # 1 Consent Decree)(Stein, Gregory) (Entered: 08/10/2006)

Aug. 10, 2006

REFERRAL OF 60 Joint MOTION for Consent Decree to Judge Steele. (tgw, ) (Entered: 08/10/2006)

Aug. 10, 2006

State / Territory: Alabama

Case Type(s):

Equal Employment

Special Collection(s):

IWPR/Wage Project Consent Decree Study

Key Dates

Filing Date: March 1, 2005

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

U.S. DOJ on behalf of a female custodian subjected to sexual harassment and retaliated against for objecting to the harassment

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Escambia County Board of Education (Escambia), County

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

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

Order Duration: 2006 - 2008

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Gender:

Female