Case: EEOC v. GREENBRIER

2:03-cv-00693 | U.S. District Court for the Eastern District of Virginia

Filed Date: Sept. 30, 2003

Closed Date: June 2, 2004

Clearinghouse coding complete

Case Summary

The EEOC's Norfolk office sued Greenbrier Pontiac - Oldsmobile - GMC Trucks - KIA, Inc., a Virginia auto dealership, on September 30, 2003 in the U.S. District Court for the Eastern District of Virginia. The EEOC alleged that Greenbrier violated Title VII when it discriminated against one of its employees based on race (African American), created a hostile work environment for that employee when other employees made racist comments and hung a noose around a radio in the servicing shop, which culminated in the constructive discharge of the employee. The district court's opinion, at 314 F.Supp.2d 189 (E.D.Va. 2004), explained that the claim was ultimately frivolous and the EEOC dropped the claim. Following the case dismissal, the defendant sought attorney's fees from the EEOC, a pursuit that ended in settlement of that issue in the appellate court.

Summary Authors

Aaron Weismann (5/30/2007)

Documents in the Clearinghouse

Document

2:03-cv-00693

Docket [PACER]

EEOC v. Greenbrier

June 2, 2004

June 2, 2004

Docket
16

2:03-cv-00693

Order

Equal Employment Opportunity Commission v. Greenbriar Pontiac–Oldsmobile–GMC Trucks–Kia, Inc.

April 14, 2004

April 14, 2004

Order/Opinion

314 F.Supp.2d 314

Resources

Docket

Last updated March 29, 2024, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT; jury demand (jcow) (Entered: 09/30/2003)

Sept. 30, 2003

Sept. 30, 2003

CASE REFERRED to Magistrate Judge James E. Bradberry (jcow) (Entered: 09/30/2003)

Sept. 30, 2003

Sept. 30, 2003

SUMMONS with one certified copy issued for Greenbrier Oldsmobile-GMC, mag notice and mailed to counsel (jcow) (Entered: 10/02/2003)

Oct. 2, 2003

Oct. 2, 2003

Jury Trial Flag (jcow) (Entered: 10/23/2003)

Oct. 23, 2003

Oct. 23, 2003

2

Financial Interest Disclosure Statement (Local Rule 7.1) by Greenbrier Oldsmobile (jcow) (Entered: 11/04/2003)

Nov. 4, 2003

Nov. 4, 2003

3

ANSWER to Complaint by Greenbrier Oldsmobile (Attorney David Christopher Burton, Aaron Scott Walters), (jcow) (Entered: 11/04/2003)

Nov. 4, 2003

Nov. 4, 2003

Referred for 16(b) Conference (jcow) (Entered: 11/04/2003)

Nov. 4, 2003

Nov. 4, 2003

4

ORDER: 26(f) attorneys' conference set for 11/17/03; 16(b) scheduling conference set 9:00 a.m. on 12/5/03; initial disclosure 12/22/03; no party required to respond to discovery sooner than 1/2/04; entered 11/6/03 and filed 11/7/03 (Signed by Magistrate Judge James E. Bradberry) Copies Mailed: 11/7/03 (lbax) (Entered: 11/10/2003)

Nov. 7, 2003

Nov. 7, 2003

16b conference reset 9:00 12/8/03 (jcow) (Entered: 11/12/2003)

Nov. 12, 2003

Nov. 12, 2003

16(b) Conference held (jcow) (Entered: 12/09/2003)

Dec. 8, 2003

Dec. 8, 2003

5

Consent to trial by Magistrate by Greenbrier Oldsmobile-GMC (jcow) (Entered: 12/09/2003)

Dec. 8, 2003

Dec. 8, 2003

6

Rule 16(b) Scheduling Order: Jury trial set 11:00 5/24/04 at Norfolk. Expert witnesses to be identified by 1/23/04; disclosure outlined in Rule 26 (a)(2)(B) by 2/23/04; response to such disclosure by 3/23/04; rebuttal by 4/7/04; discovery by plaintiff on or before 3/15/04 and defendant on or before 4/12/04; discovery/deposition in lieu of witness at trial concluded by 4/19/04; pretrial disclosures to be delivered to all counsel and unrepresented parties on or before 4/30/04; objections delivered by 5/5/04; an attorney's conference is set for 4/30/04 at 2:00; a final pretrial conference shall be conducted on 5/7/04 at 10:30; trial by jury has been demanded, proposed voir dire and jury instructions shall be delivered to the clerk by 5/17/04, entered 12/8/03 filed 12/9/03 ( signed by Magistrate Judge James E. Bradberry ) Copies Mailed: 12/9/03 (jcow) (Entered: 12/09/2003)

Dec. 9, 2003

Dec. 9, 2003

8

STIPULATED FINAL ORDER that this action is dismissed with prejudice, entered and filed 3/9/04 ( signed by Judge Rebecca B. Smith ) Copies Mailed: 3/9/04 [EOD Date: 3/9/04] (jcow) (Entered: 03/09/2004)

March 9, 2004

March 9, 2004

Case closed (jcow) (Entered: 03/09/2004)

March 9, 2004

March 9, 2004

Disposable Record (jcow) (Entered: 03/09/2004)

March 9, 2004

March 9, 2004

**Remove Jury Flag** (jcow) (Entered: 03/09/2004)

March 9, 2004

March 9, 2004

9

MOTION by Greenbrier Pontiac-Oldsmobile-GMC for Attorney Fees (jcow) (Entered: 03/12/2004)

March 12, 2004

March 12, 2004

10

MEMORANDUM in support of [9-1] motion by Greenbrier Pontiac-Oldsmobile-GMC for Attorney Fees, received (jcow) (Entered: 03/12/2004)

March 12, 2004

March 12, 2004

10

Declaration of Anthony Bell re: [10-1] support memorandum by Greenbrier Pontiac (jcow) (Entered: 03/12/2004)

March 12, 2004

March 12, 2004

10

Declaration of Robert Brown re: [10-1] support memorandum by Greenbrier Pontiac (jcow) (Entered: 03/12/2004)

March 12, 2004

March 12, 2004

10

Declaration of Patrick Costello re: [10-1] support memorandum by Greenbrier Pontiac (jcow) (Entered: 03/12/2004)

March 12, 2004

March 12, 2004

10

Declaration of Esther Frank re: [10-1] support memorandum by Greenbrier Pontiac (jcow) (Entered: 03/12/2004)

March 12, 2004

March 12, 2004

10

Declaration of David Hough re: [10-1] support memorandum by Greenbrier Pontiac (jcow) (Entered: 03/12/2004)

March 12, 2004

March 12, 2004

10

Declaration of James Lapp re: [10-1] support memorandum by Greenbrier Pontiac (jcow) (Entered: 03/12/2004)

March 12, 2004

March 12, 2004

10

Declaration of Austin Litchfield re: [10-1] support memorandum by Greenbrier Pontiac (jcow) (Entered: 03/12/2004)

March 12, 2004

March 12, 2004

10

Declaration of Mitch Tate re: [10-1] support memorandum by Greenbrier Pontiac (jcow) (Entered: 03/12/2004)

March 12, 2004

March 12, 2004

10

Declaration of Gregory Mosher re: [10-1] support memorandum by Greenbrier Pontiac (jcow) (Entered: 03/12/2004)

March 12, 2004

March 12, 2004

10

Declaration of Raleigh Taylor re: [10-1] support memorandum by Greenbrier Pontiac (jcow) (Entered: 03/12/2004)

March 12, 2004

March 12, 2004

10

Declaration of Foster Venturini re: [10-1] support memorandum by Greenbrier Pontiac (jcow) (Entered: 03/12/2004)

March 12, 2004

March 12, 2004

10

AFFIDAVIT of Scott Kezman Re: [10-1] support memorandum by Greenbrier Pontiac (jcow) (Entered: 03/12/2004)

March 12, 2004

March 12, 2004

11

Request for hearing filed by defendant Greenbrier Pontiac re: [9-1] motion by Greenbrier Pontiac-Oldsmobile-GMC for Attorney Fees (jcow) (Entered: 03/12/2004)

March 12, 2004

March 12, 2004

12

Bill of costs in the amount of $2,554.29 by Greenbrier Pontiac-Oldsmobile-GMC (jcow) (Entered: 03/12/2004)

March 12, 2004

March 12, 2004

12

AFFIDAVIT of David C. Burton Re: [12-1] bill of costs by Greenbrier Pontiac (jcow) (Entered: 03/12/2004)

March 12, 2004

March 12, 2004

13

AGREED ORDER that the plaintiff's response time for a response to the motion for attorney fees is extended to 3/26/04, Response to Motion reset to 3/26/04 for [9-1] motion by Greenbrier Pontiac-Oldsmobile-GMC for Attorney Fees , entered and filed 3/22/04 ( signed by Judge Rebecca B. Smith ) Copies Mailed: 3/22/04 [EOD Date: 3/22/04] (jcow) (Entered: 03/22/2004)

March 22, 2004

March 22, 2004

14

MEMORANDUM by Equal Employment Opportunity Commission in opposition to [9-1] motion by Greenbrier Pontiac-Oldsmobile-GMC for Attorney Fees, received (jcow) (Entered: 03/29/2004)

March 26, 2004

March 26, 2004

15

REPLY to response to [9-1] motion by Greenbrier Pontiac-Oldsmobile-GMC for Attorney Fees, received (jcow) (Entered: 04/01/2004)

March 31, 2004

March 31, 2004

16

OPINION AND ORDER denying [9-1] motion by Greenbrier Pontiac-Oldsmobile-GMC for Attorney Fees and granting Greenbrier Pontiac-Oldsmobile-GMC's bill of costs in the amount of $2,554.29, entered and filed 4/14/04 ( signed by Judge Rebecca B. Smith ) Copies Mailed: 4/14/04 [EOD Date: 4/14/04] (jcow) (Entered: 04/14/2004)

April 14, 2004

April 14, 2004

17

NOTICE OF APPEAL by Greenbrier. FILING FEE $ 255.00 (jcow) (Entered: 05/04/2004)

May 4, 2004

May 4, 2004

Copy of Notice of Appeal, Final Order and docket sheet to USCA re: [17-1] appeal by Greenbrier Pontiac-Oldsmobile-GMC Trucks-Kia; copy of notice of appeal to defendant/ appellant; copy of notice of appeal to counsel of record (jcow) (Entered: 05/04/2004)

May 4, 2004

May 4, 2004

Receipt # 43395 for filing fee paid on 5/4/04 (jcow) (Entered: 05/04/2004)

May 4, 2004

May 4, 2004

USCA Case Number Re: [17-1] appeal by Greenbrier Pontiac- Oldsmobile-GMC Trucks-KIA, CASE MANAGER: Joy Hargett USCA NUMBER: 04-1567 (jcow) (Entered: 05/17/2004)

May 14, 2004

May 14, 2004

18

Copy of USCA Order (certified copy) dismissing the appeal pursuant to Rule 42(b) of FRAP re: [17-1] appeal, issued as and for the mandate, filed. (jcow) (Entered: 06/03/2004)

June 2, 2004

June 2, 2004

Case Details

State / Territory: Virginia

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 30, 2003

Closing Date: June 2, 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of a black employee

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

Greenbrier Pontiac-Oldsmobile-GMC Trucks-KIA, Inc., Private Entity/Person

Case Details

Causes of Action:

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

Available Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

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

Discrimination-basis:

Race discrimination

EEOC-centric:

Direct Suit on Merits