Case: EEOC v. BEVERLY ENTERPRISES - MISSOURI, INC.

4:98-cv-01579 | U.S. District Court for the Eastern District of Missouri

Filed Date: Sept. 21, 1998

Closed Date: 2001

Clearinghouse coding complete

Case Summary

On September 21, 1998, the St. Louis office of the Equal Employment Opportunity Commission filed a lawsuit under Title VII against Beverly Enterprises - Missouri, Inc., Beverly Enterprises, Inc, and Beverly Health and Rehabilitation Services, Inc. in the U.S. District Court for the Eastern District of Missouri. The defendants operated nursing homes in the St. Louis area. The EEOC alleged that the defendants had violated the rights of ten of their employees by discriminating against them on th…

On September 21, 1998, the St. Louis office of the Equal Employment Opportunity Commission filed a lawsuit under Title VII against Beverly Enterprises - Missouri, Inc., Beverly Enterprises, Inc, and Beverly Health and Rehabilitation Services, Inc. in the U.S. District Court for the Eastern District of Missouri. The defendants operated nursing homes in the St. Louis area. The EEOC alleged that the defendants had violated the rights of ten of their employees by discriminating against them on the basis of race or by retaliating against them for complaining on behalf of another employee who suffered discrimination on the basis of their race. We have no record of the complaint in this case.

On February 23, 2000, after several failed motions to dismiss and motions for summary judgment, the defendants succeeded in having the claims of one of the complainants dismissed for failure to prosecute.

On July 2, 2001, the parties entered into a consent decree, which the court adopted three days later. Under the terms of the decree, the defendants agreed to pay a total of $1,199,000.00 in compensatory and emotional distress damages, a sum which included $35,000 in litigation costs to be paid to the U.S. Treasury on behalf of the work done in this case by the EEOC. In addition, the defendants agreed to terminate the employment of the supervisor whose discriminatory behavior was the subject of this lawsuit, and to place in her personnel file a letter stating that they will never employ her again. The defendants agreed to provide neutral reference letters for all of the complainants in this case and to post their anti-discrimination policy at their place of business. Defendants agreed to suspend (for one week) and retrain the person who failed to adequately investigate and handle the complainants' original complaints of discrimination. His training was to take place within 6 months of the entry of the decree, and he was to be trained on the proper investigation of discrimination complaints. Within 45 days, the defendants were to certify to the defendants that they had posted the required notice of anti-discrimination policies at their place of business, and the defendants were to annually certify thereafter to the EEOC that they were in full compliance with the terms of the decree. Additional certification of compliance may also be required to be produced to the EEOC on demand.

After adopting the consent decree, which was to last for 36 months, the district court dismissed the case.

Summary Authors

Justin Kanter (3/18/2008)

Documents in the Clearinghouse

Document

4:98-cv-01579

Docket (PACER)

Equal Employment Opportunity Commission v. Beverly Enterprises - Missouri, Inc.

July 5, 2001

July 5, 2001

Docket
58

4:98-cv-01579

Memorandum and Opinion

Equal Employment Opportunity Commission v. Beverly Enterprises, Inc.

Sept. 15, 1999

Sept. 15, 1999

Order/Opinion
59

4:98-cv-01579

Stipulated Protective Order

Equal Employment Opportunity Commission v. Beverly Enterprises, Inc.

Sept. 22, 1999

Sept. 22, 1999

Order/Opinion
73

4:98-cv-01579

Order

Equal Employment Opportunity Commission v. Beverly Enterprises, Inc.

Oct. 22, 1999

Oct. 22, 1999

Order/Opinion
91

4:98-cv-01579

Order to Show Cause

Equal Employment Opportunity Commission v. Beverly Enterprises, Inc.

Jan. 25, 2000

Jan. 25, 2000

Order/Opinion
92

4:98-cv-01579

Memorandum and Order

Equal Employment Opportunity Commission v. Beverly Enterprises, Inc.

Jan. 27, 2000

Jan. 27, 2000

Order/Opinion
94

4:98-cv-01579

Order

Equal Employment Opportunity Commission v. Beverly Enterprises - Missouri, Inc.

Feb. 23, 2000

Feb. 23, 2000

Order/Opinion

EEOC Settles Racial Harassment Suit with St. Louis Nursing Home for $1.2 Million

Equal Employment Opportunity Commission v. Beverly Enterprises, Inc.

No Court

July 2, 2001

July 2, 2001

Press Release
230

4:98-cv-01579

Consent Decree

Equal Employment Opportunity Commission v. Beverly Enterprises, Inc.

July 5, 2001

July 5, 2001

Settlement Agreement

Resources

Docket

Last updated March 29, 2024, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT; # Waivers of Service Issued: 1 # Counts: 1 # Consents: 2; jury demand (KLK) (Entered: 09/22/1998)

Sept. 21, 1998

Sept. 21, 1998

2

TRACK INFORMATION STATEMENT filed by plaintiff EEOC ;track 3 preferred (KLK) (Entered: 09/22/1998)

Sept. 21, 1998

Sept. 21, 1998

3

TRACK INFORMATION STATEMENT filed by defendant Beverly Ent - MO ;track 3 preferred (ARL) (Entered: 11/23/1998)

Nov. 20, 1998

Nov. 20, 1998

4

ANSWER by defendant Beverly Ent - MO to [1-1] (ARL) (Entered: 11/23/1998)

Nov. 20, 1998

Nov. 20, 1998

5

Notice of Motion: Partial Motion to Dismiss by defendant Beverly Ent - MO (ARL) (Entered: 11/23/1998)

Nov. 20, 1998

Nov. 20, 1998

6

CJRA ORDER Case reassigned to Honorable Rodney W. Sippel pursuant to the provisions of the Civil Justice Reform Act Expense and Delay Reduction Plan (cc: all counsel) (LAH) (Entered: 11/24/1998)

Nov. 23, 1998

Nov. 23, 1998

7

RULE 16 ORDER by Honorable Rodney W. Sippel ; standard(2) track , ; Rule 16 Conference 12/18/98 at 3:30 ; joint scheduling plan ddl 12/11/98 (cc: all counsel) (CMA) (Entered: 11/25/1998)

Nov. 25, 1998

Nov. 25, 1998

8

JOINT PROPOSED SCHEDULING PLAN by defendant Beverly Ent - MO (Signature of Attorney for the Plaintiff is NOT Original) (CMA) (Entered: 12/15/1998)

Dec. 11, 1998

Dec. 11, 1998

9

CASE MANAGEMENT ORDER by Honorable Rodney W. Sippel ; complex(3) track , Rule 16 Conference Satisfied , ; motion to add party ddl 4/1/99 Disc completion ddl 4/21/00 ; Notice of Motion ddl set for 5/5/00 ; non-disp motion ddl 5/3/00 ; jury trial 11/6/00 at 9:00 ; pt comp ddl 10/17/00 ; ADR future refer 8/1/99 and that reference shall terminate on 9/30/99 (cc: all counsel) (CMA) (Entered: 12/22/1998)

Dec. 18, 1998

Dec. 18, 1998

10

ATTORNEY APPEARANCE for defendant Beverly Ent - MO by C. Wayne K. Davis (CMA) (Entered: 01/20/1999)

Jan. 15, 1999

Jan. 15, 1999

11

Partial MOTION by defendant Beverly Ent - MO to dismiss , or, in the Alternative, for summary judgment w/ Memorandum in Support, Statement of Uncontroverted Facts Pursuant to Local Rule 4.05, and Exhibits A-D (Exhibits Placed in Expandable Folder) (CMA) (Entered: 01/28/1999)

Jan. 25, 1999

Jan. 25, 1999

12

RESPONSE by plaintiff EEOC to partial motion to dismiss [11-1], to motion for summary judgment [11-2] w/ Exhibits E and F and Declaration of EEOC Attorney (CMA) (Entered: 01/28/1999)

Jan. 25, 1999

Jan. 25, 1999

13

REPLY by defendant Beverly Ent - MO to response to motion to dismiss [11-1], motion for summary judgment [11-2] (CMA) (Entered: 01/28/1999)

Jan. 25, 1999

Jan. 25, 1999

14

MOTION by movant Zina Lindsey, movant Valerie Cox, movant Wallace Brady, movant Carolyn Erby, movant Deborah Layton to intervene w/ Proposed Complaint (CMA) (Entered: 04/05/1999)

April 1, 1999

April 1, 1999

15

MOTION by movant Al Golet, movant Kelly D Hatcher, movant Susan Layne Oris, movant Sylvester Chisom, movant Francis M Taylor to intervene w/ Proposed Complaint (CMA) Modified on 04/26/1999 (Entered: 04/05/1999)

April 1, 1999

April 1, 1999

16

MOTION by defendant Beverly Ent - MO to extend Time In Which to File a Response to the Separate Movants' Motions to Intervene Up to and Including 4/23/99 (CMA) Modified on 04/16/1999 (Entered: 04/15/1999)

April 13, 1999

April 13, 1999

17

RULED DOCUMENT by Honorable Rodney W. Sippel granting motion to extend Time In Which to File a Response to the Separate Movants' Motions to Intervene Up to and Including 4/23/99 [16-1] (cc: all counsel) (CMA) (Entered: 04/16/1999)

April 15, 1999

April 15, 1999

18

RESPONSE by defendant Beverly Ent - MO to motion to intervene [14-1] (CMA) (Entered: 04/26/1999)

April 23, 1999

April 23, 1999

19

RESPONSE by defendant Beverly Ent - MO to motion to intervene [15-1] (CMA) (Entered: 04/26/1999)

April 23, 1999

April 23, 1999

20

REPLY by movant Al Golet, movant Kelly D Hatcher, movant Susan Layne Oris, movant Francis M Taylor, movant Sylvester Chisom to response to motion to intervene [15-1] w/ Exhibits 1 and 2 (CMA) (Entered: 05/07/1999)

May 5, 1999

May 5, 1999

21

MOTION by movant Zina Lindsey, movant Valerie Cox, movant Wallace Brady, movant Carolyn Erby, movant Deborah Layton for leave to File Reply to Deft's Response to Movant's Motion to Intervene w/ Proposed Reply (CMA) (Entered: 05/17/1999)

May 14, 1999

May 14, 1999

22

RULED DOCUMENT by Honorable Rodney W. Sippel granting motion for leave to File Reply to Deft's Response to Movant's Motion to Intervene [21-1] (cc: all counsel) (CMA) (Entered: 05/19/1999)

May 18, 1999

May 18, 1999

23

REPLY by movant Zina Lindsey, movant Valerie Cox, movant Wallace Brady, movant Carolyn Erby, movant Deborah Layton to response to motion to intervene [14-1] w/ Exhibit 1 (CMA) (Entered: 05/19/1999)

May 18, 1999

May 18, 1999

24

MEMORANDUM AND ORDER: by Honorable Rodney W. Sippel granting motion to intervene [15-1], granting motion to intervene [14-1] (cc: all counsel) (CMA) (Entered: 07/15/1999)

July 15, 1999

July 15, 1999

25

INTERVENOR'S COMPLAINT by intervenor plaintiff Zina Lindsey, intervenor plaintiff Valerie Cox, intervenor plaintiff Wallace Brady, intervenor plaintiff Carolyn Erby, intervenor plaintiff Deborah Layton; adding intervenor defendant Beverly Ent - MO; jury demand (Note: Attorney for Intervenor Pltf Notified of Need to Serve Intervenor Defts) (CMA) Modified on 07/21/1999 (Entered: 07/15/1999)

July 15, 1999

July 15, 1999

26

INTERVENOR'S COMPLAINT by intervenor plaintiff Al Golet, intervenor plaintiff Kelly D Hatcher, intervenor plaintiff Susan Layne Oris, intervenor plaintiff Francis M Taylor, intervenor plaintiff Sylvester Chisom # Counts: 2; jury demand (Note: Attorney for Intervenor Pltf Notified of Need to Serve Intervenor Defts) (CMA) Modified on 07/21/1999 (Entered: 07/15/1999)

July 15, 1999

July 15, 1999

27

MOTION by defendant Beverly Ent - MO for leave to File Memorandum in Support of its Motion to Compel, or in the Alternative, for Protective Order in Excess of the Page Limitation (18 Pages) (CMA) (Entered: 07/20/1999)

July 16, 1999

July 16, 1999

28

RULED DOCUMENT by Honorable Rodney W. Sippel granting motion for leave to File Memorandum in Support of its Motion to Compel, or in the Alternative, for Protective Order in Excess of the Page Limitation (18 Pages) [27-1] (cc: all counsel) (CEL) (Entered: 07/22/1999)

July 21, 1999

July 21, 1999

29

MOTION by defendant Beverly Ent - MO to compel , or, in the alternative for protective order w/memo and exhibits A-M in support. (CEL) Modified on 08/04/1999 (Entered: 07/22/1999)

July 21, 1999

July 21, 1999

30

MOTION by plaintiff EEOC for leave to File Pltf's Response to Deft's Motion to Compel in Excess of the Page Limitation (18 Pages) w/ Proposed Response and Proposed Affidavit (CMA) (Entered: 07/29/1999)

July 28, 1999

July 28, 1999

31

RULED DOCUMENT by Honorable Rodney W. Sippel granting motion for leave to File Pltf's Response to Deft's Motion to Compel in Excess of the Page Limitation (18 Pages) [30-1] (cc: all counsel) (CMA) (Entered: 07/30/1999)

July 29, 1999

July 29, 1999

32

ANSWER by intervenor defendant Beverly Ent - MO to Complaint of Intervenor plaintiffs Lindsey, Cox, Brady, Erby and Layton [25-1] (CMA) Modified on 08/04/1999 (Entered: 07/30/1999)

July 29, 1999

July 29, 1999

33

ANSWER by intervenor defendant Beverly Ent - MO to Complaint of Intervenor Plaintiffs Golet, Hatcher, Oris, Chisom and Taylor [26-1] (CMA) Modified on 08/04/1999 (Entered: 07/30/1999)

July 29, 1999

July 29, 1999

34

Notice of Motion: Partial Motion to Dismiss or in the Alternative for Summary Judgment (in re: Layton) by intervenor defendant Beverly Ent - MO (CMA) Modified on 08/04/1999 (Entered: 07/30/1999)

July 29, 1999

July 29, 1999

35

Notice of Motion: Partial Motion to Dismiss or in the Alternative for Summary Judgment (in re: Golet, Hatcher, and Oris) by intervenor defendant Beverly Ent - MO (CMA) Modified on 08/04/1999 (Entered: 07/30/1999)

July 29, 1999

July 29, 1999

36

RESPONSE by plaintiff EEOC to motion to compel [29-1], to motion for protective order [29-2] w/ Affidavit of C. Felix Miller w/ Exhibits A and B (CMA) Modified on 08/04/1999 (Entered: 08/04/1999)

July 29, 1999

July 29, 1999

37

HEREBY ORDERED by Honorable Rodney W. Sippel that a hearing will be held on deft's motion to compel on Thursday, 8/5/99 at 10:30 a.m. in Courtroom 3-C In-court hearing 8/5/99 at 10:30 (cc: all counsel) (CMA) (Entered: 07/30/1999)

July 30, 1999

July 30, 1999

38

ORDER REFERRING CASE TO ADR: by Honorable Rodney W. Sippel Case set for Mediation Designation of Lead Counsel: Thomas J. Borek ; ADR completion ddl 9/30/99 Designation of Neutral 8/23/99 ADR Conference Report ddl 8/23/99 (cc: all counsel) (CMA) (Entered: 08/03/1999)

Aug. 3, 1999

Aug. 3, 1999

39

REPLY by defendant Beverly Ent - MO to response to motion to compel [29-1], motion for protective order [29-2] w/ Exhibits A-C (CMA) (Entered: 08/04/1999)

Aug. 3, 1999

Aug. 3, 1999

40

HEREBY ORDERED by Honorable Rodney W. Sippel that the hearing on deft's motion to compel, originally set for Thursday, 8/5/99 at 10:30 a.m. in Courtroom 3-C, has been rescheduled for Friday, 8/6/99 at 3:00 p.m. in Courtroom 3-C In-court hearing 8/6/99 at 3:00 (cc: all counsel) (CMA) (Entered: 08/05/1999)

Aug. 4, 1999

Aug. 4, 1999

41

ATTORNEY APPEARANCE for plaintiff EEOC by C. Felix Miller Jr., Rebecca S. Stith (CEL) (Entered: 08/09/1999)

Aug. 5, 1999

Aug. 5, 1999

42

MOTION by plaintiff EEOC to compel production of documents and responses to interrogs w/memo and exhibits 1-13 (CEL) (Entered: 08/09/1999)

Aug. 5, 1999

Aug. 5, 1999

43

MOTION by plaintiff EEOC to amend by interlineation its motion to compel production and responses to interrogs (CEL) (Entered: 08/09/1999)

Aug. 6, 1999

Aug. 6, 1999

44

MINUTES: before Honorable Rodney W. Sippel ; In-court hearing held re: discovery. Arguments heard on deft's motion to compel. Motion granted in part and denied in part. court reporter: Ann Taylor; proceedings started: 3:00pm - ended: 3:30pm (CEL) (Entered: 08/09/1999)

Aug. 6, 1999

Aug. 6, 1999

45

ORDER by Honorable Rodney W. Sippel ; Status hearing 9/3/99 at 4:00pm in courtroom , Ordered that the parties shall file a joint proposed amended case management order no later than 8/27/99 ; joint scheduling plan ddl 8/27/99 (cc: all counsel) (CEL) (Entered: 08/09/1999)

Aug. 6, 1999

Aug. 6, 1999

46

RULED DOCUMENT by Honorable Rodney W. Sippel Motion to compel, or in that alternative, for protective order is GRANTED IN PART AND DENIED IN PART on the record. terminating motion to compel [29-1], terminating motion for protective order [29-2] (cc: all counsel) (CEL) (Entered: 08/09/1999)

Aug. 6, 1999

Aug. 6, 1999

48

RULED DOCUMENT by Honorable Rodney W. Sippel granting motion to amend by interlineation its motion to compel production and responses to interrogs [43-1] (cc: all counsel) (CEL) (Entered: 08/16/1999)

Aug. 16, 1999

Aug. 16, 1999

49

RULED DOCUMENT by Honorable Rodney W. Sippel granting motion to extend Time to File Its Response to Pltf EEOC's Motion to Compel Up to and Including 8/17/99 [47-1] (cc: all counsel) (CEL) (Entered: 08/16/1999)

Aug. 16, 1999

Aug. 16, 1999

50

TRANSCRIPT filed from Motion Hearing of 8/6/99; court reporter: Ann Taylor (Note: Transcript Placed in Expandable Folder) (CMA) Modified on 08/17/1999 (Entered: 08/17/1999)

Aug. 16, 1999

Aug. 16, 1999

51

MOTION by defendant Beverly Ent - MO for leave to File Response to Pltf's Motion to Compel in Excess of Page Limitation (18 Pages) w/ Proposed Response (CMA) (Entered: 08/19/1999)

Aug. 18, 1999

Aug. 18, 1999

52

RULED DOCUMENT by Honorable Rodney W. Sippel granting motion for leave to File Response to Pltf's Motion to Compel in Excess of Page Limitation (18 Pages) [51-1] (Leave to File Granted. Deft's Request to File Response in Excess of Page Limitation Granted But Limited to 18 Pages - RWS) (cc: all counsel) (CMA) (Entered: 08/23/1999)

Aug. 20, 1999

Aug. 20, 1999

53

RESPONSE by defendant Beverly Ent - MO to motion to compel production of documents and responses to interrogs [42-1] w/ Exhibits A-H (Exhibits Placed in Expandable Folder) (CMA) (Entered: 08/23/1999)

Aug. 20, 1999

Aug. 20, 1999

54

REPLY by plaintiff EEOC to response to motion to compel production of documents and responses to interrogs [42-1] w/ Exhibits A-C (CMA) (Entered: 08/24/1999)

Aug. 23, 1999

Aug. 23, 1999

55

Joint PROPOSED Amended Case Management Order submitted by plaintiff EEOC, defendant Beverly Ent - MO, intervenor plaintiff Zina Lindsey, intervenor plaintiff Valerie Cox, intervenor plaintiff Wallace Brady, intervenor plaintiff Carolyn Erby, intervenor plaintiff Deborah Layton, intervenor plaintiff Al Golet, intervenor plaintiff Kelly D Hatcher, intervenor plaintiff Susan Layne Oris, intervenor plaintiff Francis M Taylor, intervenor plaintiff Sylvester Chisom (CMA) (Entered: 08/24/1999)

Aug. 23, 1999

Aug. 23, 1999

56

Amended CASE MANAGEMENT ORDER by Honorable Rodney W. that the CMO previously entered in this case and the order referring this case to alternative dispute resolution are vacated to the extent inconsistent w/ this order and the following amended schedule shall apply in this case: Sippel ; complex(3) track , Rule 16 Deadlines Satisfied , ; motion to add party ddl 9/30/99 ; Disc completion ddl 8/7/00 ; Notice of Motion ddl set 9/20/00 and the completed motion package in this case shall be filed no later than 10/30/00; Motion Package ddl satisfied ; non-disp motion ddl 8/18/00 ; jury trial 2/5/01 at 9:00 ; pt comp ddl 1/16/01 ; ADR future refer 3/1/00 and that reference shall terminate on 4/30/00 (cc: all counsel) (CMA) (Entered: 09/14/1999)

Sept. 13, 1999

Sept. 13, 1999

58

MEMORANDUM AND ORDER: by Honorable Rodney W. Sippel granting partial motion to dismiss [11-1], denying as moot partial motion for summary judgment [11-2] (cc: all counsel) (CMA) (Entered: 09/16/1999)

Sept. 15, 1999

Sept. 15, 1999

59

PROTECTIVE ORDER by Honorable Rodney W. Sippel: (Documents Marked Confidential Shall Be Filed Under Seal) (See Order for Details) (cc: all counsel) (CMA) (Entered: 09/23/1999)

Sept. 22, 1999

Sept. 22, 1999

60

RESPONSE to order show cause by intervenor plaintiff Al Golet, intervenor plaintiff Kelly D Hatcher, intervenor plaintiff Susan Layne Oris, intervenor plaintiff Francis M Taylor, intervenor plaintiff Sylvester Chisom regarding Failure to Appear for the Status Conference on 9/3/99 [57-1], [57-2] w/ Exhibit 1 (CMA) (Entered: 09/23/1999)

Sept. 22, 1999

Sept. 22, 1999

61

MOTION by intervenor plaintiff Al Golet, intervenor plaintiff Kelly D Hatcher, intervenor plaintiff Susan Layne Oris, intervenor plaintiff Francis M Taylor, intervenor plaintiff Sylvester Chisom to amend complaint by interlineation to correct typos (CEL) (Entered: 10/04/1999)

Sept. 29, 1999

Sept. 29, 1999

62

RULED DOCUMENT by Honorable Rodney W. Sippel granting motion to amend complaint by interlineation [61-1] (cc: all counsel) (CLA) (Entered: 10/05/1999)

Oct. 4, 1999

Oct. 4, 1999

63

ANSWER by defendant Beverly Ent - MO to Plaintiff-Intervenors Complaint [26-1] and to Amendment By Interlineation (Amended Complaint) Which Was Granted By Ruled Document Dated 10/4/99; jury demand (CMA) (Entered: 10/13/1999)

Oct. 12, 1999

Oct. 12, 1999

64

MOTION by defendant Beverly Ent - MO to dismiss (Partial) Directed to the Complaint of Pltf-Intervenors Golet, Hatcher, Oris, Chisom and Taylor , or in the Alternative, for summary judgment Directed to the Complaint of Pltf-Intervenors Golet, Hatcher, Oris, Chisom, and Taylor and Memorandum in Support w/ Exhibits A and B (CMA) (Entered: 10/19/1999)

Oct. 18, 1999

Oct. 18, 1999

65

RULED DOCUMENT by Honorable Rodney W. Sippel re Deft Beverly Enterprises' Partial Motion to Dismiss [64-1], re Deft Beverly Enterprises' Motion for Summary Judgment [64-2] (Received on 9/28/99) (Leave to Filed Granted - RWS) (cc: all counsel) (CMA) (Entered: 10/19/1999)

Oct. 18, 1999

Oct. 18, 1999

66

RESPONSE by intervenor plaintiff Al Golet, intervenor plaintiff Kelly D Hatcher, intervenor plaintiff Susan Layne Oris, intervenor plaintiff Sylvester Chisom, intervenor plaintiff Francis M Taylor to motion to dismiss (Partial) Directed to the Complaint of Pltf-Intervenors Golet, Hatcher, Oris, Chisom and Taylor [64-1], to motion for summary judgment Directed to the Complaint of Pltf-Intervenors Golet, Hatcher, Oris, Chisom, and Taylor [64-2] w/ Exhibits 1-6 (CMA) (Entered: 10/19/1999)

Oct. 18, 1999

Oct. 18, 1999

68

MOTION by defendant Beverly Ent - MO to dismiss (Partial) Directed to the Complaint Filed by Pltf-Intervenors Lindsey, Cox, Brady, Erby and Layton , or in the Alternative, for summary judgment Directed to the Complaint Filed by Pltf-Intervenors Lindsey, Cox, Brady, Erby and Layton and Memorandum in Support w/ Exhibits A-D (CMA) (Entered: 10/19/1999)

Oct. 18, 1999

Oct. 18, 1999

69

RULED DOCUMENT by Honorable Rodney W. Sippel re Deft Beverly Enterprises' Partial Motion to Dismiss [68-1], re Deft Beverly Enterprises' Motion for Summary Judgment [68-2] (Received on 9/28/99) (Leave to File Granted - RWS) (cc: all counsel) (CMA) (Entered: 10/19/1999)

Oct. 18, 1999

Oct. 18, 1999

70

RESPONSE by intervenor plaintiff Deborah Layton, intervenor plaintiff Zina Lindsey, intervenor plaintiff Valerie Cox, intervenor plaintiff Carolyn Erby, intervenor plaintiff Wallace Brady to motion to dismiss (Partial) Directed to the Complaint Filed by Pltf-Intervenors Lindsey, Cox, Brady, Erby and Layton [68-1], to motion for summary judgment Directed to the Complaint Filed by Pltf-Intervenors Lindsey, Cox, Brady, Erby and Layton [68-2] (CMA) (Entered: 10/19/1999)

Oct. 18, 1999

Oct. 18, 1999

71

REPLY by defendant Beverly Ent - MO to response to motion to dismiss (Partial) Directed to the Complaint Filed by Pltf-Intervenors Lindsey, Cox, Brady, Erby and Layton [68-1], motion for summary judgment Directed to the Complaint Filed by Pltf-Intervenors Lindsey, Cox, Brady, Erby and Layton [68-2] w/ Exhibits E-H (CMA) (Entered: 10/19/1999)

Oct. 18, 1999

Oct. 18, 1999

72

MOTION by defendant Beverly Ent - MO to compel , and for protective order and Memorandum in Support w/ Exhibits A and B (CMA) (Entered: 10/20/1999)

Oct. 18, 1999

Oct. 18, 1999

73

ORDER by Honorable Rodney W. Sippel denying motion to compel [72-1], denying motion for protective order [72-2] (cc: all counsel) (CLA) (Entered: 10/22/1999)

Oct. 22, 1999

Oct. 22, 1999

74

MAIL Returned [69-1] addressed to Gwendolyn Young Reams, attorney for plaintiff EEOC (CMA) (Entered: 10/26/1999)

Oct. 25, 1999

Oct. 25, 1999

75

HEREBY ORDERED by Honorable Rodney W. Sippel that a hearing on Pltf EEOC's motion to compel will be held on Wednesday, 12/1/99 at 11:00 a.m. in Courtroom 3C In-court hearing 12/1/99 at 11:00 (cc: all counsel) (CMA) (Entered: 11/17/1999)

Nov. 17, 1999

Nov. 17, 1999

76

Second MOTION by defendant Beverly Ent - MO to compel Written Responses to Deft's First Set of Interrogatories and Document Requests , and for protective order w/ Exhibits A and B (CMA) (Entered: 11/22/1999)

Nov. 19, 1999

Nov. 19, 1999

77

MINUTES: Parties present for hearing regarding Pltf's Motion to Compel and Deft's Second Motion to Compel before Honorable Rodney W. Sippel; Documents Ruled on Face In-court hearing 12/1/99 at 11:00 court reporter: Ann Taylor; proceedings started: 11:20 - ended: 11:50 (CMA) Modified on 03/08/2001 (Entered: 12/01/1999)

Dec. 1, 1999

Dec. 1, 1999

78

RULED DOCUMENT by Honorable Rodney W. Sippel denying in part as moot and granting in part as stated on the record motion to compel production of documents and responses to interrogs [42-1] (Denied in Part as Moot; Granted in Part as Stated on the Record - RWS) (cc: all counsel) (CMA) (Entered: 12/01/1999)

Dec. 1, 1999

Dec. 1, 1999

79

RULED DOCUMENT by Honorable Rodney W. Sippel granting as stated on the record motion to compel Written Responses to Deft's First Set of Interrogatories and Document Requests [76-1] (So Ordered as Stated on the Record 12/1/99 - RWS) (cc: all counsel) (CMA) (Entered: 12/01/1999)

Dec. 1, 1999

Dec. 1, 1999

80

STATUS REPORT by plaintiff EEOC on the Procedure of Medical Records for the Aggrieved Parties (CMA) (Entered: 12/10/1999)

Dec. 9, 1999

Dec. 9, 1999

81

STATUS REPORT by defendant Beverly Ent - MO on the Production of Medical Records for the Aggrieved Parties w/ Exhibits A and B (CMA) (Entered: 12/10/1999)

Dec. 9, 1999

Dec. 9, 1999

81

MOTION by defendant Beverly Ent - MO to amend the Court's 8/6/99 Ruling Concerning Discovery of Pltfs' Medical Records w/ Exhibits A and B (CMA) (Entered: 12/10/1999)

Dec. 9, 1999

Dec. 9, 1999

82

RESPONSE by plaintiff EEOC to motion to amend the Court's 8/6/99 Ruling Concerning Discovery of Pltfs' Medical Records [81-1] w/ Exhibit A (CMA) (Entered: 12/22/1999)

Dec. 21, 1999

Dec. 21, 1999

83

MOTION by plaintiff EEOC to amend Complaint w/ Memorandum in Support and Proposed First Amended Complaint as Attachment A (CMA) (Entered: 12/22/1999)

Dec. 21, 1999

Dec. 21, 1999

84

RULED DOCUMENT by Honorable Rodney W. Sippel granting motion to amend Complaint [83-1] (Leave to File First Amended Complaint Granted - RWS) (cc: all counsel) (CMA) (Entered: 12/22/1999)

Dec. 22, 1999

Dec. 22, 1999

85

REPLY by defendant Beverly Ent - MO to response to motion to amend the Court's 8/6/99 Ruling Concerning Discovery of Pltfs' Medical Records [81-1] w/ Exhibits A-G (CMA) (Entered: 12/28/1999)

Dec. 27, 1999

Dec. 27, 1999

86

First AMENDED COMPLAINT by plaintiff EEOC [1-1]; jury demand (CMA) (Entered: 12/30/1999)

Dec. 27, 1999

Dec. 27, 1999

87

HEREBY ORDERED by Honorable Rodney W. Sippel that a hearing on Deft's motion to amend will be held on Tuesday, 1/25/00 at 10:00 a.m. in Courtroom 3-C In-court hearing 1/25/00 at 10:00 (cc: all counsel) (CMA) (Entered: 01/19/2000)

Jan. 18, 2000

Jan. 18, 2000

88

TRANSCRIPT filed from Hearing on Motion to Compel of 12/1/99; court reporter: Ann Taylor (Placed in Expandable Folder) (CMA) (Entered: 01/24/2000)

Jan. 21, 2000

Jan. 21, 2000

89

MOTION by defendant Beverly Ent - MO to strike the Claims of Plaintiff Deborah Layton From the Plaintiff-Intervonors' Complaint w/ Exhibits A-F (CMA) (Entered: 01/24/2000)

Jan. 24, 2000

Jan. 24, 2000

91

HEREBY ORDERED by Honorable Rodney W. Sippel that Pltf Deborah Layton shall show cause in writing, within 21 days of this order, why the Court should not dismiss her claims for failure to prosecute and for failure to comply with discovery and orders of the Court response to order show cause 2/15/00 (cc: all counsel) (CMA) (Entered: 01/25/2000)

Jan. 25, 2000

Jan. 25, 2000

92

MEMORANDUM AND ORDER: by Honorable Rodney W. Sippel denying motion to dismiss (Partial) Directed to the Complaint of Pltf-Intervenors Golet, Hatcher, Oris, Chisom and Taylor [64-1], denying motion for summary judgment Directed to the Complaint of Pltf-Intervenors Golet, Hatcher, Oris, Chisom, and Taylor [64-2] (cc: all counsel) (CMA) (Entered: 01/28/2000)

Jan. 27, 2000

Jan. 27, 2000

93

TRANSCRIPT filed from Motion Hearing of 1/25/00; court reporter: Ann Taylor (Placed in Expandable Folder) (CMA) Modified on 02/07/2000 (Entered: 02/07/2000)

Feb. 4, 2000

Feb. 4, 2000

94

HEREBY ORDERED by Honorable Rodney W. Sippel that Pltf Deborah Layton's claims against Deft Beverly-Enterprises, MO, Inc. are dismissed w/ prejudice for failure to prosecute and for failure to comply with discovery and orders of the Court; FURTHER ORDERED that Deft's motion for partial dismissal, or in the alternative, motion for partial summary judgment are denied as moot; FURTHER ORDERED that Deft's motion to strike is denied as moot; terminating intervenor plaintiff Deborah Layton With Prejudice denying as moot motion to dismiss (Partial) Directed to the Complaint Filed by Pltf-Intervenors Lindsey, Cox, Brady, Erby and Layton [68-1], denying as moot motion for summary judgment Directed to the Complaint Filed by Pltf-Intervenors Lindsey, Cox, Brady, Erby and Layton [68-2], denying as moot motion to strike the Claims of Plaintiff Deborah Layton From the Plaintiff-Intervonors' Complaint [89-1] (cc: all counsel) (CMA) (Entered: 02/24/2000)

Feb. 23, 2000

Feb. 23, 2000

95

ORDER REFERRING CASE TO ADR: by Honorable Rodney W. Sippel Case set for Mediation Designation of Lead Counsel: Rebecca S. Stith ; ADR completion ddl 5/1/00 Designation of Neutral 3/21/00 ADR Conference Report ddl 3/21/00 (cc: all counsel) (CMA) (Entered: 03/02/2000)

March 1, 2000

March 1, 2000

96

MOTION by plaintiff EEOC, defendant Beverly Ent - MO for order to modify adr (CLA) (Entered: 03/28/2000)

March 24, 2000

March 24, 2000

97

RULED DOCUMENT by Honorable Rodney W. Sippel granting motion for order to modify adr [96-1] ADR completion ddl 7/3/00 Designation of Neutral 5/1/00 ADR Conference ddl 5/1/00 (cc: all counsel) (CMA) (Entered: 04/03/2000)

April 3, 2000

April 3, 2000

98

MOTION by defendant Beverly Ent - MO to amend the Case Management Order in Regard to Experts (CMA) (Entered: 04/17/2000)

April 13, 2000

April 13, 2000

100

RULED DOCUMENT by Honorable Rodney W. Sippel granting motion for order to Dismiss Plaintiff/Intervenor Sylvestor Chisom's Failure to Promote Claim Only [99-1] (cc: all counsel) (CMA) (Entered: 04/18/2000)

April 17, 2000

April 17, 2000

101

RULED DOCUMENT by Honorable Rodney W. Sippel granting motion to amend the Case Management Order in Regard to Experts [98-1] (cc: all counsel) (CMA) (Entered: 04/18/2000)

April 18, 2000

April 18, 2000

102

DESIGNATION NEUTRAL REPORT by plaintiff EEOC, defendant Beverly Ent - MO, intervenor plaintiff Zina Lindsey, intervenor plaintiff Valerie Cox, intervenor plaintiff Wallace Brady, intervenor plaintiff Carolyn Erby, intervenor plaintiff Al Golet, intervenor plaintiff Kelly D Hatcher, intervenor plaintiff Susan Layne Oris, intervenor plaintiff Francis M Taylor, intervenor plaintiff Sylvester Chisom Neutral: John Gianoulakis date of conference: June 20-22 or week of June 26 depending on the schedule of the mediator time: 9:00 a.m. location: Neutral site to be agreed upon or the offices of Armstrong, Teasdale (CMA) (Entered: 05/02/2000)

May 1, 2000

May 1, 2000

103

ORDER appointing neutral by Honorable Rodney W. Sippel neutral: John Gianoulakis (cc: all counsel) (CMA) (Entered: 05/03/2000)

May 2, 2000

May 2, 2000

104

NOTICE of appointment of neutral; neutral: John Gianoulakis; neutral selected by: Parties (CMA) (Entered: 05/03/2000)

May 2, 2000

May 2, 2000

Case Details

State / Territory: Missouri

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 21, 1998

Closing Date: 2001

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

Beverly Health and Rehabilitation Services, Inc. (St. Louis), Private Entity/Person

Beverly Enterprises, Inc. (St. Louis), Private Entity/Person

Beverly Enterprises - Missouri, Inc. (St. Louis), Private Entity/Person

Case Details

Causes of Action:

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

Available Documents:

Trial Court Docket

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: 1199000

Order Duration: 2001 - 2004

Content of Injunction:

Neutral/Positive Reference

Discrimination Prohibition

Retaliation Prohibition

Other requirements regarding hiring, promotion, retention

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Implement complaint/dispute resolution process

Reporting

Issues

General:

Pattern or Practice

Retaliation

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit