University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Gooden v. Timpte EE-CO-0067
Docket / Court 1:99-cv-00795-EWN ( D. Colo. )
State/Territory Colorado
Case Type(s) Equal Employment
Attorney Organization Civil Rights Education and Enforcement Center
Case Summary
Case summary not yet recorded
On April 22, 1999, a black employee of an automotive plant sued the owner and its manager in the U.S. District Court for the District of Colorado, Judge Edward W. Nottingham, for failing to prevent racial discrimination by other workers, in violation of Title VII, 42 U.S.C. § 1981, and state law.



Specifically, Plaintiff claimed he was the only black employee among 65 employees at the factory. Other employees shunned him, referred to him as "nigger," and intimidated him in various ways. When the plaintiff found a black doll with a noose around it in his locker, he quit his position out of fear. He claimed that supervisors, were aware of discrimination and in fact witnessed it yet did not discipline the other employees. He claimed discrimination, ethnic intimidation, and constructive discharge in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq. (against the company only); 42 U.S.C. § 1981; Colorado Revised Statutes §§ 18-2-121(2) and 13-21-106.5; and Intentional Infliction of Emotional Distress against 10 "Doe" defendants. The plaintiff sought a declaratory judgment, back pay, front pay, benefits, compensatory damages, punitive damages, and attorneys' fees and costs.

On December 1, 1999, the court granted a stipulated motion to dismiss with prejudice the supervisor defendant from the case. On June 29, 2000, the court dispensed with both parties' motions for summary judgment. Goodman v. Timpte, 2000 WL 34507333, No. 99-795 (D. Colo. Jun. 29, 2000). The Court granted the defendants' motion in part as to the plaintiff's third claim for ethnic intimidation. It denied the motion in all other respects. The court also denied the plaintiff's motion for partial summary judgment and dismissed his claims against the unidentified plaintiffs and the fourth claim for intentional infliction of emotional distress.

On October 30, 2000, the court dismissed the case with prejudice, after a stipulated motion. It appears the parties reached a settlement, although an agreement is not publicly available. This is the last entry on the docket.

Eric Weiler - 07/01/2010


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Issues and Causes of Action
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Issues
Discrimination-area
Harassment / Hostile Work Environment
Discrimination-basis
Race discrimination
General
Disparate Treatment
Plaintiff Type
Private Plaintiff
Race
Black
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
State law
42 U.S.C. § 1981
Defendant(s) Timpte, Inc.
Plaintiff Description Black employee of a truck factory.
Indexed Lawyer Organizations Civil Rights Education and Enforcement Center
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Unknown
Source of Relief Unknown
Form of Settlement Private Settlement Agreement
Order Duration not on record
Case Closing Year 2000
Case Ongoing No
Additional Resources
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Case Studies Megacases, Diversity, and the Elusive Goal of Workplace Reform
Written: Mar. 01, 2008
By: Nancy Levit (University of Missouri-Kansas City School of Law)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

  Second Generation Employment Discrimination: A Structural Approach
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
1:99-cv-00795-EWN (D. Colo.) 10/30/2000
EE-CO-0067-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 04/22/1999
EE-CO-0067-0001.pdf | Detail
Brief In Support Of Plaintiff's Motion For Partial Summary Judgment 01/24/2000
EE-CO-0067-0002.pdf | Detail
Plaintiff's Amended Brief In Opposition To Defendant Timpte, Inc.'s Motion For Summary Judgment 02/22/2000
EE-CO-0067-0003.pdf | Detail
Reply Brief In Support Of Plaintiff's Motion For Partial Summary Judgment 02/28/2000
EE-CO-0067-0004.pdf | Detail
Order And Memorandum Of Decision [Granting In Part And Denying In Part Defendant's Motion for Summary Judgment, Denying Plaintiff's Motion For Partial Summary Judgment, And Dismissing Some Of Plaintiff's Claims] 06/29/2000 (2000 WL 34507333) (D. Colo.)
EE-CO-0067-0005.pdf | WESTLAW | Detail
Document Source: Westlaw
Judges Nottingham, Edward Willis Jr. (D. Colo.)
EE-CO-0067-0005 | EE-CO-0067-9000
Monitors/Masters None on record
Plaintiff's Lawyers Fox, Timothy Patrick (Colorado)
EE-CO-0067-0001 | EE-CO-0067-0002 | EE-CO-0067-0003 | EE-CO-0067-0004 | EE-CO-0067-0005 | EE-CO-0067-9000
Robertson, Amy Farr (Colorado)
EE-CO-0067-0001 | EE-CO-0067-0002 | EE-CO-0067-0003 | EE-CO-0067-0004 | EE-CO-0067-0005 | EE-CO-0067-9000
Defendant's Lawyers Fredrickson, Todd Arthur (Colorado)
EE-CO-0067-0005 | EE-CO-0067-9000
Mackender, Darin L (Colorado)
EE-CO-0067-0005 | EE-CO-0067-9000
Other Lawyers None on record

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