Case: EEOC v. EARL SCHEIB OF KANSAS, INC.

2:99-cv-02445 | U.S. District Court for the District of Kansas

Filed Date: Sept. 30, 1999

Closed Date: 2002

Clearinghouse coding complete

Case Summary

The EEOC's Kansas City, Kansas and St. Louis, Missouri offices jointly filed this Title VII lawsuit against the defendants, Earl Scheib of Kansas, Inc. and its parent company Earl Scheib, Inc. in the United States District Court for the District of Kansas (Kansas City) on 09/30/1999. Without access to the complainant or the consent decree, we have no information about the specific allegations or the type(s) of relief obtained except that the individual complainant did not intervene. The defen…

The EEOC's Kansas City, Kansas and St. Louis, Missouri offices jointly filed this Title VII lawsuit against the defendants, Earl Scheib of Kansas, Inc. and its parent company Earl Scheib, Inc. in the United States District Court for the District of Kansas (Kansas City) on 09/30/1999. Without access to the complainant or the consent decree, we have no information about the specific allegations or the type(s) of relief obtained except that the individual complainant did not intervene. The defendants filed 12(b)(1) and 12(b)(6) motions at the outset of the litigation, citing that the plaintiff got the parent company's name wrong in its initial pleading. The district court denied both motions on 03/15/2000. EEOC v. Earl Scheib of Kansas, et al, 2000 U.S. Dist. LEXIS 4917 (2000). Soon thereafter, the parties indicated their intent to settle and the court ordered administrative termination of the case on 06/23/2000. The case was finally resolved on 07/25/2000 by a consent decree with a two year term. The docket did not detail the content of the decree except that the defendant's Kansas company shall affirmatively notify any purchasers of the obligations of the decree prior to any sale.

Summary Authors

Justin Kanter (6/12/2007)

Documents in the Clearinghouse

Document

2:99-cv-02445

Docket (PACER)

EEOC v. Earl Scheib of KS, et al

July 25, 2000

July 25, 2000

Docket
23

2:99-cv-02445

Opinion: Memorandum and Order

Equal Employment Opportunity Commission v. Earl Scheib of Kansas, Inc. and Earl Scheib Automotive Paint Finishes, Inc.

March 15, 2000

March 15, 2000

Order/Opinion

2000 WL 2000

Resources

Docket

Last updated Jan. 27, 2024, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with trial location of Kansas City, Kansas; jury demand by plaintiff; no summons issued (MG) (Entered: 09/30/1999)

Sept. 30, 1999

Sept. 30, 1999

2

MOTION for attorney, Melvin D Kennedy, to appear pro hac vice by plaintiff; referred to Judge John W. Lungstrum (ICMSUSER) (Entered: 10/01/1999)

Sept. 30, 1999

Sept. 30, 1999

3

ORDER ENTERED: by Judge John W. Lungstrum granting motion for attorney, Melvin D Kennedy, to appear pro hac vice by plaintiff [2-1] (cc: all counsel) (TRS) (Entered: 10/20/1999)

Oct. 19, 1999

Oct. 19, 1999

4

MOTION for attorney Timothy M. Watson and Howard L. Steele, Jr. to appear pro hac vice by Earl Scheib of KS, Earl Scheib Auto referred to Judge John W. Lungstrum (TRS) (Entered: 12/10/1999)

Dec. 9, 1999

Dec. 9, 1999

5

MOTION with memorandum in support to dismiss by defendants Earl Scheib of KS, and Earl Scheib Auto referred to Judge John W. Lungstrum (TRS) (Entered: 12/10/1999)

Dec. 9, 1999

Dec. 9, 1999

6

ANSWER by defendants Earl Scheib of KS, Earl Scheib Auto to complaint [1-1] (TRS) (Entered: 12/10/1999)

Dec. 9, 1999

Dec. 9, 1999

7

WAIVER OF SERVICE of summons by defendant Earl Scheib of KS, and defendant Earl Scheib Auto sent on 10/5/99 and signed on 11/12/99 (TRS) (Entered: 12/14/1999)

Dec. 13, 1999

Dec. 13, 1999

8

ORDER ENTERED: by Judge John W. Lungstrum; granting motion for attorney Timothy M. Watson and Howard L. Steele, Jr. to appear pro hac vice by Earl Scheib of KS, Earl Scheib Auto [4-1] (cc: all counsel) (ICMSUSER) (Entered: 12/17/1999)

Dec. 16, 1999

Dec. 16, 1999

9

MOTION for leave to file an amended complaint by plaintiff; referred to Judge John W. Lungstrum (ICMSUSER) (Entered: 12/30/1999)

Dec. 29, 1999

Dec. 29, 1999

10

MEMORANDUM by plaintiff in support of motion for leave to file an amended complaint by plaintiff; referred to Judge John W. Lungstrum [9- 1] (ICMSUSER) (Entered: 12/30/1999)

Dec. 29, 1999

Dec. 29, 1999

11

RESPONSE by plaintiff to motion to dismiss by defendants Earl Scheib of KS, and Earl Scheib Auto; referred to Judge John W. Lungstrum [5-1] (ICMSUSER) (Entered: 12/30/1999)

Dec. 29, 1999

Dec. 29, 1999

12

MOTION to extend time until 1/24/00 to respond to motion for leave to file an amended complaint and reply to response to motion to dismiss by defendants Earl Scheib of KS, and Earl Scheib Auto referred to Judge John W. Lungstrum (TRS) Modified on 01/13/2000 (Entered: 01/12/2000)

Jan. 10, 2000

Jan. 10, 2000

13

ORDER ENTERED: by Judge John W. Lungstrum granting motion to extend time until 1/24/00 to respond to motion for leave to file an amended complaint and reply to response to motion to dismiss by defendants Earl Scheib of KS, and Earl Scheib Auto [12-1] (cc: all counsel) (TRS) (Entered: 01/14/2000)

Jan. 13, 2000

Jan. 13, 2000

14

MOTION with memorandum in support to extend itime until 1/31/00 to respond to motion for leave to file an amended complaint by defendant Earl Scheib of KS, defendant Earl Scheib Auto referred to Judge John W. Lungstrum (TRS) (Entered: 01/24/2000)

Jan. 21, 2000

Jan. 21, 2000

15

MOTION to withdraw attorney by Jennifer H. McCoy for plaintiff EEOC referred to Judge John W. Lungstrum (TRS) (Entered: 01/26/2000)

Jan. 25, 2000

Jan. 25, 2000

16

ORDER ENTERED: by Judge John W. Lungstrum granting motion to extend itime until 1/31/00 to respond to motion for leave to file an amended complaint by defendant Earl Scheib of KS, defendant Earl Scheib Auto [14-1] (cc: all counsel) (TRS) (Entered: 01/27/2000)

Jan. 26, 2000

Jan. 26, 2000

17

RESPONSE by defendant Earl Scheib of KS, defendant Earl Scheib Auto to motion for leave to file an amended complaint by plaintiff; referred to Judge John W. Lungstrum [9-1] (TRS) (Entered: 02/01/2000)

Jan. 31, 2000

Jan. 31, 2000

18

REPLY by defendant Earl Scheib of KS, defendant Earl Scheib Auto to response to motion to dismiss by defendants Earl Scheib of KS, and Earl Scheib Auto referred to Judge John W. Lungstrum [5-1] (TRS) (Entered: 02/01/2000)

Jan. 31, 2000

Jan. 31, 2000

19

SUPPLEMENT by Earl Scheib of KS, Earl Scheib Auto to motion response [17-1], re: motion for leave to file an amended complaint by plaintiff, w/memorandum in support; referred to Judge John W. Lungstrum [9-1] (TRS) (Entered: 02/02/2000)

Feb. 1, 2000

Feb. 1, 2000

20

REPLY by plaintiff EEOC to response to motion for leave to file an amended complaint by plaintiff; referred to Judge John W. Lungstrum [9- 1] (TRS) (Entered: 02/18/2000)

Feb. 17, 2000

Feb. 17, 2000

21

ENTRY OF APPEARANCE for plaintiff EEOC by attorney Andrea G. Baran (TRS) (Entered: 02/18/2000)

Feb. 17, 2000

Feb. 17, 2000

22

MINUTE ORDER ENTERED by Clerk granting motion to withdraw attorney by Jennifer H. McCoy for plaintiff EEOC [15-1] (cc: all counsel) (TRS) (Entered: 03/14/2000)

March 13, 2000

March 13, 2000

23

MEMORANDUM AND ORDER: by Judge John W. Lungstrum; granting in part and denying in part, motion to dismiss by defendants Earl Scheib of KS, and Earl Scheib Auto [5-1]; granting motion for leave to file an amended complaint by plaintiff [9-1]; terminating party Earl Scheib Auto with prejudice 12 pages (cc: all counsel) (ICMSUSER) (Entered: 03/15/2000)

March 15, 2000

March 15, 2000

24

AMENDED COMPLAINT re: complaint [1-1] with trial location of Kansas City KS by plaintiff; jury demand; adding Earl Scheib Inc (ICMSUSER) (Entered: 03/15/2000)

March 15, 2000

March 15, 2000

26

ANSWER by defendant Earl Scheib of KS, defendant Earl Scheib Inc to amended complaint [24-1] (TRS) (Entered: 03/27/2000)

March 24, 2000

March 24, 2000

27

INITIAL ORDER REGARDING PLANNING AND SCHEDULING ENTERED: by Magistrate Judge David J. Waxse scheduling conference by telephone set for 10:00 5/9/00, to be initiated by the U.S. Magistrate Judge; Notification to counsel of Local Rule requirements. (cc: all counsel) (TRS) (Entered: 03/28/2000)

March 27, 2000

March 27, 2000

28

JOINT PROPOSED SCHEDULING PLAN (REPORT of parties' planning meeting) by plaintiff EEOC (TRS) (Entered: 04/25/2000)

April 24, 2000

April 24, 2000

29

CERTIFICATE OF SERVICE of First Interrogatories and First Request for Production of Documents to deft Earl Scheib, Inc. by plaintiff EEOC (TRS) (Entered: 04/25/2000)

April 24, 2000

April 24, 2000

30

CERTIFICATE OF SERVICE of First Interrogatories and First Request for Production of Documents by plaintiff EEOC (TRS) (Entered: 04/25/2000)

April 24, 2000

April 24, 2000

31

SCHEDULING ORDER ENTERED by Magistrate Judge David J. Waxse; Scheduling Conference held; pretrial conference set for 2:30 p.m. on 10/23/00; jury trial set for 3/6/01; Discovery deadline 9/29/00; dispositive motion deadline 11/2/00 , terminating case referral to Magistrate Judge David J. Waxse (cc: all counsel) (ICMSUSER) (Entered: 05/12/2000)

May 11, 2000

May 11, 2000

32

CERTIFICATE OF SERVICE of Objections to Interrogatories and First Request for Production of Documents by defendants Earl Scheib of KS, and Earl Scheib Inc (TRS) (Entered: 06/06/2000)

June 2, 2000

June 2, 2000

33

ORDER ENTERED: by Judge John W. Lungstrum The clerk shall administratively terminate this action without prejudice to the rights of the parties to reopen the proceedings for good cause shown, for the entry of any stipulation or order, or for any other purpose required to obtain a final determination of the litigation. On or before 7/28/00, the parties shall file a stipulation of dismissal signed by the parties. If no such stipulation is received within the specified time and the parties have not reopened for the purpose of obtaining a final determination, this order shall constitute, the Court's entry of final judgment of dismissal with prejudice (cc: all counsel) (TRS) (Entered: 06/26/2000)

June 23, 2000

June 23, 2000

34

CONSENT DECREE by Judge John W. Lungstrum; Order [33-2]; By entering into this Decree, the parties do not intend to resolve any charges of discrimination currently pending before the EEOC other than the charge that created the procedural foundation for the complaint. Earl Scheib of Kansas shall affirmatively notify any purchasers of the obligations of this Decree prior to any sale which may take place. This decree shall be in effect for a 2 year period and can only be extended for good cause shown. During the Decree's term, the Court shall retain jurisdiction of this case for purposes of compliance. Each party shall bear that party's own costs and attorneys' fees. (cc: all counsel) (TRS) (Entered: 07/26/2000)

July 25, 2000

July 25, 2000

35

STIPULATION OF DISMISSAL by plaintiff EEOC, and defendants Earl Scheib of KS, Earl Scheib Inc re: consent degree [34-1] (TRS) (Entered: 07/26/2000)

July 25, 2000

July 25, 2000

Case Details

State / Territory: Kansas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 30, 1999

Closing Date: 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

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

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

Earl Scheib Inc., Private Entity/Person

Earl Scheib of Kansas, 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: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2000 - 2002

Issues

Discrimination-area:

Disparate Treatment

EEOC-centric:

Direct Suit on Merits