Case: EEOC v. EBY-Brown Company, LLC

1:06-cv-01083 | U.S. District Court for the Southern District of Indiana

Filed Date: July 17, 2006

Closed Date: 2009

Clearinghouse coding complete

Case Summary

The Indianapolis Office of the EEOC brought this suit against Eby-Brown Company, LLC in July 2006 in the United States District Court for the Southern District of Indiana (Indianapolis). The complaint alleged that Eby-Brown violated Title VII by subjecting a black male employee born in the Republic of Guinea to harassment based on his race, color and national origin and retaliating against him by discharging him for his opposition to discriminatory practices and his participation in proceeding…

The Indianapolis Office of the EEOC brought this suit against Eby-Brown Company, LLC in July 2006 in the United States District Court for the Southern District of Indiana (Indianapolis). The complaint alleged that Eby-Brown violated Title VII by subjecting a black male employee born in the Republic of Guinea to harassment based on his race, color and national origin and retaliating against him by discharging him for his opposition to discriminatory practices and his participation in proceedings under Title VII. The complainant intervened, alleging violations of Title VII, 42 U.S.C. ß 1981, 42 U.S.C. ß 1985, 42 U.S.C. ß 1986, and state causes of action for malicious prosecution, assault and battery, intentional infliction of emotional distress, negligent infliction of emotional distress, vicarious liability under the theory of respondeat superior, and negligent supervision. After several status hearings, settlement negotiations, and discovery motions, the parties reached and signed a settlement agreement in July 2007, but some terms of the agreement were yet to be determined. The intervenor-plaintiff later refused to sign the completed settlement agreement and the District Court Judge granted the defendants' motion to enforce the settlement agreement with plaintiff-intervenor. In December 2007, the court granted the parties' joint motion for entry of consent decree and the case was dismissed with prejudice in January 2008 after the parties failed to file responses to the Court's order to parties to show cause why this case should not be dismissed.

The two-year consent decree included non-discrimination and non-retaliation clauses. It required Eby-Brown to post its non-discrimination policy for the duration of the decree, implement a personnel policy prohibiting race, color, and national origin harassment agreed upon by the parties during settlement negotiations, and submit annual reports to the EEOC of complaints and discipline administered as a result of complaints. The decree allows the EEOC to inspect the premises, interview employees, and examine and copy documents upon reasonable notice to Eby-Brown. If the commission alleges a violation of the decree, it will provide Eby-Brown with notice and a chance to respond to the allegation before the Commission exercises any remedy provided by law. The decree provides for elimination from the intervenor-plaintiff's record of all references to the discrimination charges and requires Eby-Brown to make no mention of the charges if contacted by a potential employer of the intervenor-plaintiff. Eby-Brown agreed to pay $100,000, all of which went to the intervenor-plaintiff. The decree was to last for two years. The docket sheet doesn't show any further enforcement took place; the case was presumably closed in 2009.

Summary Authors

Daisy Manning (5/27/2008)

Clearinghouse (6/13/2017)

Documents in the Clearinghouse

Document

1:06-cv-01083

Docket (PACER)

EEOC v. EBY-Brown Company, LLC

Jan. 15, 2008

Jan. 15, 2008

Docket
1

1:06-cv-01083

Complaint

July 17, 2006

July 17, 2006

Complaint
30

1:06-cv-01083

Complaint in Intervention

EEOC & Conde v. EBY-Brown Company, LLC

Dec. 19, 2006

Dec. 19, 2006

Complaint
71

1:06-cv-01083

Order

June 4, 2007

June 4, 2007

Order/Opinion
91

1:06-cv-01083

Consent Decree

Dec. 20, 2007

Dec. 20, 2007

Settlement Agreement
93

1:06-cv-01083

Order of Dismissal

Jan. 15, 2008

Jan. 15, 2008

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4720476/equal-employment-opportunity-commission-v-eby-brown-company-llc/

Last updated Feb. 7, 2024, 3:17 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with Jury Demand filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION against EBY-BROWN COMPANY, LLC.(DH, ) (Entered: 07/17/2006)

July 17, 2006

July 17, 2006

3

Summons Issued as to EBY-BROWN COMPANY, LLC c/o CT Corp. System, Registered Agent. (DH, ) (Entered: 07/17/2006)

July 17, 2006

July 17, 2006

4

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction. (DH, ) (Entered: 07/17/2006)

July 17, 2006

July 17, 2006

5

NOTICE of Appearance by Kelley Bertoux Creveling on behalf of EBY-BROWN COMPANY, LLC (Creveling, Kelley) (Entered: 08/08/2006)

Aug. 8, 2006

Aug. 8, 2006

6

ANSWER to Complaint and Defenses by EBY-BROWN COMPANY, LLC.(Creveling, Kelley) (Entered: 08/08/2006)

Aug. 8, 2006

Aug. 8, 2006

7

CORPORATE DISCLOSURE STATEMENT by EBY-BROWN COMPANY, LLC. (Creveling, Kelley) (Entered: 08/08/2006)

Aug. 8, 2006

Aug. 8, 2006

8

SCHEDULING ORDER: Initial Pretrial Conference set for 9/19/2006 01:00 PM in room #256 before Magistrate Judge V. Sue Shields. The CMP is due no later than 14 days prior to the iptc (See Order). Signed by Judge V. Sue Shields on 8/11/06. (SWM, ) (Entered: 08/11/2006)

Aug. 11, 2006

Aug. 11, 2006

9

RETURN of Service by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. EBY-BROWN COMPANY, LLC served on 7/19/2006. (Attachments: # 1 Exhibit Certified Mail Receipt)(Farnsworth, Jo Ann) (Entered: 08/14/2006)

Aug. 14, 2006

Aug. 14, 2006

10

MOTION to Appear pro hac vice by EBY-BROWN COMPANY, LLC. (Attachments: # 1 Text of Proposed Order)(Creveling, Kelley) (Entered: 08/17/2006)

Aug. 17, 2006

Aug. 17, 2006

11

RECEIPT #108 3535 in the amount of $ 30.00 for phv fee, Gerald Golden (PG, ) (Entered: 08/18/2006)

Aug. 18, 2006

Aug. 18, 2006

12

ORDER granting 10 Motion to Appear pro hac vice. Attorney Gerald A. Golden for EBY-BROWN COMPANY, LLC added . Signed by Judge Sarah Evans Barker on 8/22/06. (MAC, ) (Entered: 08/22/2006)

Aug. 22, 2006

Aug. 22, 2006

13

CASE MANAGEMENT PLAN TENDERED by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Exhibit A: Magistrate's Summary of Case Management Plan)(Farnsworth, Jo Ann) (Entered: 09/05/2006)

Sept. 5, 2006

Sept. 5, 2006

14

ORDER: CASE MANAGEMENT ORDER APPROVED as amended. Dispositive motions due by 6/17/2007. Signed by Judge V. Sue Shields on 9/5/06. (SWM, ) (Entered: 09/07/2006)

Sept. 5, 2006

Sept. 5, 2006

15

Entry for proceedings held before Judge V. Sue Shields : Initial Pretrial Conference held on 9/19/2006. Conference held and concluded w/o further order. (LSC) (Entered: 09/19/2006)

Sept. 19, 2006

Sept. 19, 2006

16

NOTICE of Appearance (Conteh, Swaray) (Entered: 09/21/2006)

Sept. 21, 2006

Sept. 21, 2006

17

MOTION to Intervene, filed by Petitioner Ahmed Conde., (Attachments: # 1 Exhibit Proposed Complaint# 2 Text of Proposed Order Order Granting Leave to Intervene)(Conteh, Swaray) (Entered: 09/21/2006)

Sept. 21, 2006

Sept. 21, 2006

19

NOTICE of Withdrawal of Appearance by James Lee and Gwendolyn Young Reams on behalf of EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (Farnsworth, Jo Ann) (Entered: 09/25/2006)

Sept. 25, 2006

Sept. 25, 2006

20

ENTRY Acknowledges Notice of Withdrawal of Appearance by James L. Lee and Gwendolyn Young (marginal notation). Signed by Judge Sarah Evans Barker on 9/27/06. (MAC) (Entered: 09/28/2006)

Sept. 27, 2006

Sept. 27, 2006

21

SCHEDULING ORDER:Settlement Conference set for 4/2/2007 09:00 AM in room #256 before Magistrate Judge V. Sue Shields. Confidential settlement statements due no later than two business days prior to the conference (See Order). Signed by Judge V. Sue Shields on 10/5/06. (SWM) (Entered: 10/05/2006)

Oct. 5, 2006

Oct. 5, 2006

22

MOTION to Appear pro hac vice of Eugene A. Boyle , filed by Defendant EBY-BROWN COMPANY, LLC. (Attachments: # 1 Text of Proposed Order)(Creveling, Kelley) (Entered: 10/18/2006)

Oct. 18, 2006

Oct. 18, 2006

23

RECEIPT #108-3796 in the amount of $ 30.00 - Pro Hac Fee Boyle (MAC) (Entered: 10/19/2006)

Oct. 18, 2006

Oct. 18, 2006

24

ORDER granting 22 Motion to Appear pro hac vice. Attorney Eugene A. Boyle for EBY-BROWN COMPANY, LLC added. Signed by Judge Sarah Evans Barker on 10/19/06. (MAC) (Entered: 10/19/2006)

Oct. 19, 2006

Oct. 19, 2006

25

Joint MOTION for Protective Order, filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION., (Farnsworth, Jo Ann) (Entered: 12/11/2006)

Dec. 11, 2006

Dec. 11, 2006

26

ORDER granting 17 Motion to Intervene by Ahmed Conde. Petitioner shall forthwith file and serve his Proposed Complaint. Signed by Judge Sarah Evans Barker on 12/13/06. (MAC) (Entered: 12/13/2006)

Dec. 13, 2006

Dec. 13, 2006

27

Stipulated Protective Order APPROVED. Signed by Judge V. Sue Shields on 12/13/06. (SWM) (Entered: 12/14/2006)

Dec. 13, 2006

Dec. 13, 2006

28

Exhibit List Preliminary , filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Farnsworth, Jo Ann) (Entered: 12/18/2006)

Dec. 18, 2006

Dec. 18, 2006

29

Witness List Preliminary , filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Farnsworth, Jo Ann) (Entered: 12/18/2006)

Dec. 18, 2006

Dec. 18, 2006

30

Intervenor COMPLAINT, filed by AHMED CONDE.(Conteh, Swaray) (Entered: 12/19/2006)

Dec. 19, 2006

Dec. 19, 2006

31

Summons Issued as to EBY-BROWN COMPANY, LLC, KEVIN JONES, JEFFREY MURPHY, EDWARD CAUDILL, DAVID ALEXANDER. (MAC) (Entered: 12/21/2006)

Dec. 21, 2006

Dec. 21, 2006

32

Witness List Preliminary , filed by Defendant EBY-BROWN COMPANY, LLC. (Creveling, Kelley) (Entered: 01/17/2007)

Jan. 17, 2007

Jan. 17, 2007

33

Exhibit List Preliminary , filed by Defendant EBY-BROWN COMPANY, LLC. (Creveling, Kelley) (Entered: 01/17/2007)

Jan. 17, 2007

Jan. 17, 2007

35

NOTICE of Appearance by Eugene A. Boyle on behalf of Defendant KEVIN JONES. (Boyle, Eugene) (Entered: 02/21/2007)

Feb. 21, 2007

Feb. 21, 2007

36

ANSWER to Intervenor Complaint, filed by EBY-BROWN COMPANY, LLC, KEVIN JONES.(Boyle, Eugene) (Entered: 02/21/2007)

Feb. 21, 2007

Feb. 21, 2007

37

MOTION For Order to Show Cause Why Contempt Should Not Be Issued Against Darryl Matlock , filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION., (Attachments: # 1 Exhibit A - Affidavit of Counsel# 2 Exhibit B - executed subpoena dated2/28/07# 3 Exhibit C - executed subpoena dated2/24/07# 4 Text of Proposed Order)(Farnsworth, Jo Ann) (Entered: 03/12/2007)

March 12, 2007

March 12, 2007

38

BRIEF/MEMORANDUM in Support re 37 MOTION For Order to Show Cause Why Contempt Should Not Be Issued Against Darryl Matlock , filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Farnsworth, Jo Ann) (Entered: 03/12/2007)

March 12, 2007

March 12, 2007

39

NOTICE of Appearance by Gerald A. Golden on behalf of Defendant KEVIN JONES. (Golden, Gerald) (Entered: 03/15/2007)

March 15, 2007

March 15, 2007

40

Unopposed MOTION to Strike and Reset Settlement Conference Date , filed by Defendants EBY-BROWN COMPANY, LLC, KEVIN JONES., (Golden, Gerald) (Entered: 03/15/2007)

March 15, 2007

March 15, 2007

41

RETURN of Service, filed by AHMED CONDE. DAVID ALEXANDER served on 1/24/2007. (Conteh, Swaray) (Entered: 03/16/2007)

March 16, 2007

March 16, 2007

42

RETURN of Service, filed by AHMED CONDE. EBY-BROWN COMPANY, LLC served on 1/2/2007. (Conteh, Swaray) (Entered: 03/16/2007)

March 16, 2007

March 16, 2007

43

RETURN of Service, filed by AHMED CONDE. JEFFREY MURPHY served on 12/23/2006. (Conteh, Swaray) (Entered: 03/16/2007)

March 16, 2007

March 16, 2007

44

RETURN of Service, filed by AHMED CONDE. KEVIN JONES served on 12/26/2006. (Conteh, Swaray) (Entered: 03/16/2007)

March 16, 2007

March 16, 2007

45

RETURN of Service, filed by AHMED CONDE. EDWARD CAUDILL served on 12/23/2006. (Conteh, Swaray) (Entered: 03/16/2007)

March 16, 2007

March 16, 2007

46

ORDER granting defts Eby-Brown and Kevin Jones' 40 Motion to strike and reset settlement conference. SCHEDULING ORDER: Settlement Conference RESET for 6/4/2007 01:30 PM in room #256 before Judge Jane Magnus-Stinson. In the future, counsel should refer to such motion as a motion to continue. Confidential settlement statements are due 5/30/07. Signed by Judge Jane Magnus-Stinson on 3/19/07. (SWM) (Entered: 03/20/2007)

March 19, 2007

March 19, 2007

48

NOTICE of Appearance by Gerald A. Golden on behalf of Defendants JEFFREY MURPHY, DAVID ALEXANDER. (Golden, Gerald) (Entered: 03/26/2007)

March 26, 2007

March 26, 2007

49

NOTICE of Appearance by Eugene A. Boyle on behalf of Defendants JEFFREY MURPHY, DAVID ALEXANDER. (Boyle, Eugene) (Entered: 03/26/2007)

March 26, 2007

March 26, 2007

50

Clerk's ENTRY OF DEFAULT as to JEFFREY MURPHY, EDWARD CAUDILL, DAVID ALEXANDER cm LAB (MAC) (Entered: 03/27/2007)

March 26, 2007

March 26, 2007

51

MOTION to Set Aside Default Against Defendants Jeffrey Murphy and David Alexander , filed by Defendants JEFFREY MURPHY, DAVID ALEXANDER., (Attachments: # 1 Exhibit Answer to Complaint-in-Intervention# 2 Text of Proposed Order)(Golden, Gerald) (Entered: 03/28/2007)

March 28, 2007

March 28, 2007

52

ORDER granting 37 Motion for order to show cause why contempt should not be issued against Darryl Matlock for refusing to obey a deposition subpoena; SCHEDULING ORDER: Show Cause Hearing set for 4/17/2007 01:00 PM in room #256 before Judge Jane Magnus-Stinson. ORDER that the court reporter contracted to record said deposition shall be permitted to enter the US Courthouse with recording equipment cm Signed by Judge Jane Magnus-Stinson on 4/5/07. (CBU) (Entered: 04/06/2007)

April 5, 2007

April 5, 2007

53

Witness List Amended Preliminary , filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Farnsworth, Jo Ann) (Entered: 04/13/2007)

April 13, 2007

April 13, 2007

54

ENTRY for 4/17/07: Parties appear by counsel for hearing on Order to Show Cause. Witness Matlock initially fails to appear, after being contacted by phone, agrees to and does appear for deposition. Deposition concluded. Existing deadlines and other date to remain as set. Signed by Judge Jane Magnus-Stinson on 4/17/07. (SWM) (Entered: 04/18/2007)

April 17, 2007

April 17, 2007

55

Stipulated Protective Order APPROVED. Signed by Judge Jane Magnus-Stinson on 4/17/07. (SWM) (Entered: 04/18/2007)

April 17, 2007

April 17, 2007

56

Stipulated Protective Order APPROVED. Signed by Judge Jane Magnus-Stinson on 4/17/07. (SWM) (Entered: 04/18/2007)

April 17, 2007

April 17, 2007

57

ORDER granting Defendants Murphy and Alexander's 51 Motion to Set Aside Entry of Default. Signed by Judge Sarah Evans Barker on 4/20/07. (MAC) (Entered: 04/23/2007)

April 20, 2007

April 20, 2007

58

NOTICE of Appearance by Kelley Bertoux Creveling on behalf of Defendants KEVIN JONES, JEFFREY MURPHY, DAVID ALEXANDER. (Creveling, Kelley) (Entered: 04/27/2007)

April 27, 2007

April 27, 2007

59

MOTION to Compel Discovery and for Sanctions , filed by Defendants EBY-BROWN COMPANY, LLC, KEVIN JONES, JEFFREY MURPHY, DAVID ALEXANDER., (Attachments: # 1 Text of Proposed Order # 2 Exhibit # 3 Exhibit)(Golden, Gerald) (Entered: 05/11/2007)

May 11, 2007

May 11, 2007

60

Unopposed MOTION to Extend Discovery Deadline , filed by Defendants EBY-BROWN COMPANY, LLC, KEVIN JONES, JEFFREY MURPHY, DAVID ALEXANDER., (Attachments: # 1 Text of Proposed Order)(Golden, Gerald) (Entered: 05/15/2007)

May 15, 2007

May 15, 2007

61

Joint MOTION to Continue Settlement Conference , filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Defendants EBY-BROWN COMPANY, LLC, KEVIN JONES, JEFFREY MURPHY, DAVID ALEXANDER., (Attachments: # 1 Text of Proposed Order)(Golden, Gerald) (Entered: 05/15/2007)

May 15, 2007

May 15, 2007

62

ORDER granting parties' 61 Joint Motion to continue settlement conference. SCHEDULING ORDER: Settlement Conference RESET for 7/9/2007 01:30 PM in room #256 before Judge Jane Magnus-Stinson. Confidential settlement statements due by 7/5/07. Signed by Judge Jane Magnus-Stinson on 5/17/07. (SWM) (Entered: 05/17/2007)

May 17, 2007

May 17, 2007

63

RESPONSE in Opposition re 59 MOTION to Compel Discovery and for Sanctions , filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Exhibit 1- Supplemental Discovery Response)(Farnsworth, Jo Ann) (Entered: 05/17/2007)

May 17, 2007

May 17, 2007

64

ORDER granting defts' 60 Motion to extend discovery deadline. Fact-discovery must be completed by 6/17/07. Dispositive motions due by 7/16/2007. Signed by Judge Jane Magnus-Stinson on 5/17/07. (SWM) (Entered: 05/18/2007)

May 17, 2007

May 17, 2007

65

Unopposed MOTION for Extension of Time to June 5, 2007 to file reply to 59 MOTION to Compel Discovery and for Sanctions , filed by Defendants EBY-BROWN COMPANY, LLC, KEVIN JONES, JEFFREY MURPHY, DAVID ALEXANDER. (Attachments: # 1 Text of Proposed Order)(Golden, Gerald) (Entered: 05/21/2007)

May 21, 2007

May 21, 2007

66

SCHEDULING ORDER:Final Pretrial Conference set for 1/15/2008 02:00 PM in room #216 before Judge Sarah Evans Barker.,Jury Trial set for 1/28/2008 09:30 AM in room #216 before Judge Sarah Evans Barker. Signed by Judge Sarah Evans Barker on 5/22/07. (MAC) (Entered: 05/23/2007)

May 22, 2007

May 22, 2007

67

RESPONSE in Opposition re 59 MOTION to Compel Discovery and for Sanctions , filed by Intervenor Plaintiff AHMED CONDE. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6)(Conteh, Swaray) (Entered: 05/23/2007)

May 23, 2007

May 23, 2007

68

ORDER granting defts' 65 Motion for Extension of Time to File Reply re 59 MOTION to Compel Discovery and for Sanctions ; 7 days from the date Pltf-Intervenor AHMED files his response to defts' Motion to Compel; or by 6/5/2007 if Pltf-Intervenor files no response to the Motion to Compel. Signed by Judge Jane Magnus-Stinson on 5/23/2007. (LSC) (Entered: 05/23/2007)

May 23, 2007

May 23, 2007

69

MOTION for Continuance of Trial , filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION., (Attachments: # 1 Text of Proposed Order)(Farnsworth, Jo Ann) (Entered: 05/29/2007)

May 29, 2007

May 29, 2007

70

REPLY in Support of Motion re 59 MOTION to Compel Discovery and for Sanctions , filed by Defendants EBY-BROWN COMPANY, LLC, KEVIN JONES, JEFFREY MURPHY, DAVID ALEXANDER. (Golden, Gerald) (Entered: 05/30/2007)

May 30, 2007

May 30, 2007

72

Witness List and Exhbit List , filed by Intervenor Plaintiff AHMED CONDE. (Conteh, Swaray) (Entered: 06/08/2007)

June 8, 2007

June 8, 2007

73

ENTRY for 6/13/07: On 6/12/07, parties appear by counsel for telephone conference concerning discovery matter (See Entry). Signed by Judge Jane Magnus-Stinson on 6/13/07. (SWM) (Entered: 06/14/2007)

June 13, 2007

June 13, 2007

74

ENTRY for 7/9/07: Parties appear in person and by counsel for settlement conference. Conference held and substantial progress made toward settlement. Counsel are to continue to work on details of settlement documents. SCHEDULING ORDER: Status Conference set for 7/17/2007 03:00 PM in Telephonic before Judge Jane Magnus-Stinson.. Signed by Judge Jane Magnus-Stinson on 7/9/07. (SWM) Modified on 7/10/2007 (SWM). (Entered: 07/10/2007)

July 9, 2007

July 9, 2007

75

ENTRY for 7/17/07: Parties appear by counsel for telephone status conference. Settlement negotiations are at impasse. Dispositive motion deadline extended to 7/31/07. Signed by Judge Jane Magnus-Stinson on 7/17/07. (SWM) (Entered: 07/18/2007)

July 17, 2007

July 17, 2007

76

ENTRY for 9/13/07: Parties appear by counsel for telephone status conference. Conference held and case is set for a continued settlement conference. SCHEDULING ORDER: Settlement Conference set for 9/18/2007 01:00 PM in room #256 before Judge Jane Magnus-Stinson. Pltf Ahmed Conde is to appear in person at the conference. (SWM) (Entered: 09/13/2007)

Sept. 13, 2007

Sept. 13, 2007

77

ENTRY for 9/18/07: Parties appear in person and by counsel for continued settlement conference. Settlement is not finalized (See Entry for established deadlines). Signed by Judge Jane Magnus-Stinson on 9/18/07. (SWM) (Entered: 09/19/2007)

Sept. 18, 2007

Sept. 18, 2007

78

MOTION to Enforce Settlement Agreement with Plaintiff-Intervenor Ahmed Conde and for Attorney's Fees and Costs , filed by Defendants EBY-BROWN COMPANY, LLC, KEVIN JONES, JEFFREY MURPHY, DAVID ALEXANDER., (Attachments: # 1 Exhibit A# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4)(Creveling, Kelley) (Entered: 09/27/2007)

Sept. 27, 2007

Sept. 27, 2007

79

RESPONSE in Opposition re 78 MOTION to Enforce Settlement Agreement with Plaintiff-Intervenor Ahmed Conde and for Attorney's Fees and Costs , filed by Intervenor Plaintiff AHMED CONDE. (Attachments: # 1 Affidavit)(Conteh, Swaray) (Entered: 10/10/2007)

Oct. 10, 2007

Oct. 10, 2007

80

Exhibit List, filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Farnsworth, Jo Ann) (Entered: 10/15/2007)

Oct. 15, 2007

Oct. 15, 2007

81

Witness List, filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Farnsworth, Jo Ann) (Entered: 10/15/2007)

Oct. 15, 2007

Oct. 15, 2007

82

Exhibit List, filed by Defendants EBY-BROWN COMPANY, LLC, KEVIN JONES, JEFFREY MURPHY, DAVID ALEXANDER. (Golden, Gerald) (Entered: 10/16/2007)

Oct. 16, 2007

Oct. 16, 2007

84

REPLY in Support of Motion re 78 MOTION to Enforce Settlement Agreement with Plaintiff-Intervenor Ahmed Conde and for Attorney's Fees and Costs , filed by Defendants EBY-BROWN COMPANY, LLC, KEVIN JONES, JEFFREY MURPHY, DAVID ALEXANDER. (Golden, Gerald) (Entered: 10/16/2007)

Oct. 16, 2007

Oct. 16, 2007

85

Exhibit List, filed by Intervenor Plaintiff AHMED CONDE. (Conteh, Swaray) (Entered: 10/17/2007)

Oct. 17, 2007

Oct. 17, 2007

86

Witness List, filed by Intervenor Plaintiff AHMED CONDE. (Conteh, Swaray) (Entered: 10/17/2007)

Oct. 17, 2007

Oct. 17, 2007

87

SCHEDULING ORDER:Hearing re defts' Motion to Enforce Settlement Agreement set for 11/6/2007 at 02:00 PM in room #216 before Judge Sarah Evans Barker. (LSC) (Entered: 10/22/2007)

Oct. 22, 2007

Oct. 22, 2007

88

Minute Entry for proceedings held before Judge Sarah Evans Barker : Evidentiary Hearing held on 11/6/2007 on defendants' Motion to Enforce Settlement Agreement. Opening Statements by parties. Evidence presented. The Court took the matter under advisement. Proceedings adjourned. (Court Reporter Laura Howie-Walters.) (MAC) (Entered: 11/07/2007)

Nov. 6, 2007

Nov. 6, 2007

89

ORDER granting in part and denying in part defendant's 78 Motion to Enforce Settlement. Defendant's request for attorney's fees and costs incurred in filing this motion is Denied (S.O.). Signed by Judge Sarah Evans Barker on 11/21/07. (MAC)

Nov. 21, 2007

Nov. 21, 2007

RECAP
90

ORDER TO SHOW CAUSE to parties to show cause why this case should not be dismissed. Show Cause Response due by 1/11/2008. Signed by Judge Sarah Evans Barker on 12/13/07.(MAC) (Entered: 12/13/2007)

Dec. 13, 2007

Dec. 13, 2007

91

Joint MOTION for Entry of Consent Decree , filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Text of Proposed Order Proposed Consent Decree)(Farnsworth, Jo Ann) (Entered: 12/19/2007)

Dec. 19, 2007

Dec. 19, 2007

92

ORDER granting 91 Motion for Entry of Consent Decree (S.O.). Signed by Judge Sarah Evans Barker on 12/20/07. (MAC)

Dec. 20, 2007

Dec. 20, 2007

RECAP
93

CLOSED DISMISSED - the parties have filed nothing in Response to the Court's Entry for 12/13/07; therefore, cause is DISMISSED WITH PREJUDICE pursuant to Fed.R.Civ.P. 41(b). Signed by Judge Sarah Evans Barker on 1/15/08.(MAC) (Entered: 01/16/2008)

Jan. 15, 2008

Jan. 15, 2008

Case Details

State / Territory: Indiana

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: July 17, 2006

Closing Date: 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

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

Plaintiff Type(s):

Private Plaintiff

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

David Alexander (Indianapolis/Plainfield), Private Entity/Person

Edward Caudill (Indianapolis/Plainfield), Private Entity/Person

Jeffrey Murphy (Indianapolis/Plainfield), Private Entity/Person

Kevin Jones (Indianapolis/Plainfield), Private Entity/Person

Kevin Jones (Indianapolis/Plainfield), Private Entity/Person

Eby-Brown Company, LLC (Indianapolis/Plainfield), Private Entity/Person

Case Details

Causes of Action:

42 U.S.C. § 1981

State law

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

Available 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: 100000

Order Duration: 2007 - 2009

Content of Injunction:

Expungement of Employment Record

Neutral/Positive Reference

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Reporting

Monitoring

Issues

General:

Pattern or Practice

Retaliation

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

National origin discrimination

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit