Case: EEOC v. Flying J. Inc.

2:04-cv-00437 | U.S. District Court for the Northern District of Indiana

Filed Date: Oct. 20, 2004

Closed Date: 2007

Clearinghouse coding complete

Case Summary

The Indianapolis District Office of the EEOC brought this action in the U.S. District Court for the Northern District of Indiana, against Flying J. Inc. The complaint, filed in October 2004, alleged sex discrimination in violation of Title VII of the Civil Rights Act of 1964 and age discrimination in violation of the Age Discrimination in Employment Act. Specifically, the complaint alleged that the Defendant discharged the charging party because of his sex (male) and his age (70). In March 2…

The Indianapolis District Office of the EEOC brought this action in the U.S. District Court for the Northern District of Indiana, against Flying J. Inc. The complaint, filed in October 2004, alleged sex discrimination in violation of Title VII of the Civil Rights Act of 1964 and age discrimination in violation of the Age Discrimination in Employment Act. Specifically, the complaint alleged that the Defendant discharged the charging party because of his sex (male) and his age (70).

In March 2006, the parties entered a consent decree. The decree, valid for one year, prohibited Defendant from discriminating and retaliating in violation of federal anti-discrimination laws and required Defendant to pay the charging party a total of $50,250 ($25,000 in back and front pay, $25,000 in compensatory, punitive and liquidated damages and $250 in legal fees). Defendant was also required to post a notice of non-discrimination at its facility, maintain an anti-discrimination policy and provide anti-discrimination training to its employees.

The decree was entered in 2006 and scheduled to last until 2007. No further docket entries exist, so the case is closed.

Summary Authors

Elizabeth Glassman (6/26/2007)

Clearinghouse (12/21/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5209764/parties/equal-employment-opportunity-commission-v-flying-j-inc/


Judge(s)

Rodovich, Andrew P. (Indiana)

Judge(s)

Rodovich, Andrew P. (Indiana)

show all people

Documents in the Clearinghouse

Document

2:04-cv-00437

Docket (PACER)

Equal Employment Opportunity Commission v. Flying J Inc.

March 17, 2006

March 17, 2006

Docket
1

2:04-cv-00437

Complaint

Equal Employment Opportunity Commission v. Flying J Inc.

Oct. 20, 2004

Oct. 20, 2004

Complaint
37

2:04-cv-00437

Consent Decree

Equal Employment Opportunity Commission v. Flying J Inc.

March 16, 2006

March 16, 2006

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5209764/equal-employment-opportunity-commission-v-flying-j-inc/

Last updated April 10, 2024, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with Jury Demand against Flying J Inc , filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(plm, ) (Entered: 10/21/2004)

Oct. 20, 2004

Oct. 20, 2004

2

NOTICE of Appearance by Michelle F Eisele on behalf of Equal Employment Opportunity Commission (plm, ) (Entered: 10/21/2004)

Oct. 20, 2004

Oct. 20, 2004

3

NOTICE of Appearance by Laurie A Young on behalf of Equal Employment Opportunity Commission (plm, ) (Entered: 10/21/2004)

Oct. 20, 2004

Oct. 20, 2004

4

NOTICE of Appearance by Nancy Dean Edmonds on behalf of Equal Employment Opportunity Commission (plm, ) (Entered: 10/21/2004)

Oct. 20, 2004

Oct. 20, 2004

5

Summons Issued as to Flying J Inc. (plm, ) (Entered: 10/21/2004)

Oct. 21, 2004

Oct. 21, 2004

6

AFFIDAVIT of Service for Summons; return receipt, filed by Equal Employment Opportunity Commission. (Edmonds, Nancy) (Entered: 11/05/2004)

Nov. 5, 2004

Nov. 5, 2004

ORDER approving application for admission to practice pro hac vice for Attorney Margaret C. Bettendorf. (Fee paid) Signed by Judge Andrew P Rodovich on 11/9/04. (plm, ) (Entered: 11/10/2004)

Nov. 9, 2004

Nov. 9, 2004

7

AGREED NOTICE to extend time to file answer (plm, ) (Entered: 11/10/2004)

Nov. 9, 2004

Nov. 9, 2004

8

NOTICE of Hearing: Rule 16 Preliminary Pretrial Conference set for 1/28/2005 11:30 AM in Hammond before Magistrate Judge Andrew P Rodovich. (kjp, ) (Entered: 11/18/2004)

Nov. 16, 2004

Nov. 16, 2004

9

MAGISTRATE CONSENT FORMS sent to all parties (Standard Track). (kjp, ) (Entered: 11/18/2004)

Nov. 18, 2004

Nov. 18, 2004

10

ANSWER to 1 Complaint by Flying J Inc.(Ferber PHV, James) (Entered: 12/07/2004)

Dec. 7, 2004

Dec. 7, 2004

11

REPORT of Rule 26(f) Planning Meeting. (Edmonds, Nancy) (Entered: 12/22/2004)

Dec. 22, 2004

Dec. 22, 2004

12

Minute Entry for proceedings held before Judge Andrew P Rodovich : RULE 16 PRELIMINARY PRETRIAL CONFERENCE held on 1/28/2005. Plf rep by Nancy Edmonds via telephone. Dft rep by James Ferber and Margaret Bettendorf in person. Any amendments to the pleadings to be filed by 3/18/2005. Plaintiff expert witness disclosures and reports to be delivered to the defendant by 7/15/2005. Defendant expert witness disclosures and reports to be delivered to the plainitff by 8/15/2005. Fact discovery deadline is 7/29/05. Discovery deadline is 9/15/2005. Dispositive and Daubert motions to be filed by 10/14/2005. Response to be filed by 11/14/2005. Reply to be filed by 11/30/2005. Plaintiff portions of the pretrial order shall be served upon defendant by 2/15/2006. Defendant shall prepare and file the pretrial order by 3/15/2006. Jury Trial (1st setting) for 3 days set for 4/10/2006 08:30 AM in Hammond before Judge Rudy Lozano. Final Pretrial Conference set for 3/31/2006 09:00 AM in Hammond before Judge Rudy Lozano. (plm, ) (Entered: 01/28/2005)

Jan. 28, 2005

Jan. 28, 2005

13

ORDER CONTROLLING TRIAL. Signed by Judge Andrew P Rodovich on 1/31/05. (plm, ) (Entered: 01/31/2005)

Jan. 31, 2005

Jan. 31, 2005

14

Joint MOTION for Extension of Time to Complete Discovery (Fact) by Plaintiff Equal Employment Opportunity Commission, Defendant Flying J Inc. (Ferber PHV, James) (Entered: 06/17/2005)

June 17, 2005

June 17, 2005

15

NOTICE OF ENDORSEMENT of 14 Joint MOTION for Extension of Time to Complete Discovery (Fact) by Equal Employment Opportunity Commission (Edmonds, Nancy) Additional attachment(s) added on 6/21/2005 (smp, ). (Entered: 06/17/2005)

June 17, 2005

June 17, 2005

16

ORDER granting 14 Motion for Extension of Time to Complete Discovery. Discovery deadline is reset to 9/15/2005. Signed by Judge Andrew P Rodovich on 6/21/05. (jld) (Entered: 06/21/2005)

June 21, 2005

June 21, 2005

18

MEMORANDUM in Support of 17 MOTION for Extension of Time to Complete Discovery (Expert), Alter Expert Report Dates and Modify Case Management Plan filed by Equal Employment Opportunity Commission. (Edmonds, Nancy) (Entered: 08/16/2005)

Aug. 16, 2005

Aug. 16, 2005

19

RESPONSE to Motion re 17 MOTION for Extension of Time to Complete Discovery (Expert), Alter Expert Report Dates and Modify Case Management Plan and Request for Scheduling Conference to Reset Dates filed by Flying J Inc. (Ferber PHV, James) (Entered: 08/19/2005)

Aug. 19, 2005

Aug. 19, 2005

20

NOTICE OF TELEPHONIC STATUS on 17 MOTION for Extension of Time to Complete Discovery (Expert), Alter Expert Report Dates and Modify Case Management Plan: Telephonic Status set for 9/16/2005 11:30 AM in Hammond before Magistrate Judge Andrew P Rodovich. (Court to initiate the conference call.) (plm, ) (Entered: 08/22/2005)

Aug. 22, 2005

Aug. 22, 2005

21

REPLY to Response to Motion re 17 MOTION for Extension of Time to Complete Discovery (Expert), Alter Expert Report Dates and Modify Case Management Plan filed by Equal Employment Opportunity Commission. (Edmonds, Nancy) (Entered: 08/25/2005)

Aug. 25, 2005

Aug. 25, 2005

22

Minute Entry for proceedings held before Judge Andrew P Rodovich : TELEPHONIC STATUS CONFERENCE held on 9/16/2005. Plf rep by Nancy Edmonds. Dft rep by James Ferber. Plf's MOTION 17 for Extension of Time to Complete Expert Discovery, Alter Expert Report Dates and Modify Current Case Management Plan is GRANTED. The following deadlines are set: Defendant expert witness disclosures and reports to be delivered to the plainitff by 11/15/2006. Discovery deadline is 12/30/2006. Dispositive motions to be filed by 1/31/2006. Response to be filed by 3/10/2006. Reply to be filed by 3/31/2006. Plaintiff portions of the pretrial order shall be served upon defendant by 7/14/2006. Defendant shall prepare and file the pretrial order by 8/15/2006. Jury Trial (2nd setting) 3-4 days set for 9/11/2006 08:30 AM in Hammond before Judge Rudy Lozano. Final Pretrial Conference set for 9/1/2006 09:30 AM in Hammond before Judge Rudy Lozano. (plm, ) (Entered: 09/19/2005)

Sept. 16, 2005

Sept. 16, 2005

23

TRIAL MANAGEMENT ORDER: Signed by Judge Andrew P Rodovich on 9/26/05. (Revised 2/15/05)(plm, ) (Entered: 09/26/2005)

Sept. 26, 2005

Sept. 26, 2005

24

MOTION for Order to Show Cause Why Marcus Nobles and Shalanda Cheairs Should Not Be Held In Contempt of Court for Failure to Appear for Deposition by Defendant Flying J Inc. (Attachments: # 1 Exhibit A - Plaintiff's Initial Disclosures# 2 Exhibit B - Supplemental Answers to Interrogatories# 3 Exhibit C - Letter to Marcus Nobles# 4 Exhibit D Letter to Shalanda Cheairs# 5 Exhibit E - Affidavit of James Ferber# 6 Exhibit F - Court Reporter's Certificate Regarding Nobles# 7 Exhibit G - Court Reporter's Certificate Regarding Cheairs)(Ferber PHV, James) (Entered: 10/14/2005)

Oct. 14, 2005

Oct. 14, 2005

25

MEMORANDUM in Support of 24 MOTION for Order to Show Cause Why Marcus Nobles and Shalanda Cheairs Should Not Be Held In Contempt of Court for Failure to Appear for Deposition filed by Flying J Inc. (Ferber PHV, James) (Entered: 10/14/2005)

Oct. 14, 2005

Oct. 14, 2005

26

ORDER Setting Hearing on Motion 24 MOTION for Order to Show Cause Why Marcus Nobles and Shalanda Cheairs Should Not Be Held In Contempt of Court for Failure to Appear for Deposition : Motion Hearing set for 12/21/2005 9:30 AM CST in Hammond before Magistrate Judge Andrew P Rodovich.. Signed by Judge Andrew P Rodovich on 11/14/05. (kds) (Entered: 11/14/2005)

Nov. 14, 2005

Nov. 14, 2005

27

SHOW CAUSE HEARING held on 12/21/2005 before Judge Andrew P Rodovich. Plaintiff appeared by attorney Michelle Eisele. Defendant appeared by attorney James Ferber. Shalanda Cheairs appears. Dft requests that a deposition of Shalanda Cheairs proceed today. Plf requests a continuance. Denied. Dft requests that Marcus Nobles be excluded from testifying at trial because he fails to appear. Ct orders bench warrant be issued for Marcus Nobles for failure to appear. The deposition of Shalanda Cheairs will proceed on this date at 10:30 AM. (Digitally Recorded.) (plm, ) (Entered: 12/29/2005)

Dec. 21, 2005

Dec. 21, 2005

28

BENCH WARRANT issued as to Marcus Nobles (plm, ) (Entered: 01/03/2006)

Jan. 3, 2006

Jan. 3, 2006

29

Joint MOTION for Extension of Time to File Dispositive and Daubert Motions by Equal Employment Opportunity Commission, Flying J Inc. (Ferber PHV, James) (Entered: 01/24/2006)

Jan. 24, 2006

Jan. 24, 2006

30

ORDER granting 29 Motion for Extension of Time to File. Dispositive and daubert motions deadline extended from 1/31/06 to 2/28/2006. Signed by Judge Andrew P Rodovich on 1/30/06. (kds) (Entered: 01/31/2006)

Jan. 30, 2006

Jan. 30, 2006

31

Joint MOTION for Extension of Time to File Dispositive and Daubert Motions by Equal Employment Opportunity Commission, Flying J Inc. (Ferber PHV, James) (Entered: 02/24/2006)

Feb. 24, 2006

Feb. 24, 2006

32

ORDER granting 31 Motion for Extension of Time to File. Dispositive motions deadline extended to 3/31/2006. Signed by Judge Andrew P Rodovich on 3/1/06. (kds) (Entered: 03/02/2006)

March 1, 2006

March 1, 2006

33

Joint MOTION for Settlement Entry of Consent Decree by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Consent Decree)(Edmonds, Nancy) (Entered: 03/14/2006)

March 14, 2006

March 14, 2006

34

AMENDED DOCUMENT by Equal Employment Opportunity Commission. Amendment to 33 Joint MOTION for Settlement Entry of Consent Decree Modified Consent Decree . (Edmonds, Nancy) (Entered: 03/16/2006)

March 16, 2006

March 16, 2006

35

ORDER granting 33 Joint Motion for Entry of Consent Decree. Signed by Judge Rudy Lozano on 3/16/06. (efc, ) (Entered: 03/21/2006)

March 16, 2006

March 16, 2006

37

CONSENT DECREE. Signed by Judge Rudy Lozano on 3/16/06. (efc, )

March 16, 2006

March 16, 2006

RECAP
36

ORDER recalling [28] Bench Warrant Issued as to Marcus Nobles. Signed by Judge Andrew P Rodovich on 3/17/06. (efc, ) (Entered: 03/21/2006)

March 17, 2006

March 17, 2006

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: Oct. 20, 2004

Closing Date: 2007

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

Flying J. Inc (Lake Station), Private Entity/Person

Case Details

Causes of Action:

Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.

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: 50250

Order Duration: 2006 - 2007

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Monitoring

Issues

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Age discrimination

Sex discrimination

Affected Sex or Gender:

Male

EEOC-centric:

Direct Suit on Merits