Case: EEOC v. Homes America, Inc.

8:03-cv-01830 | U.S. District Court for the District of South Carolina

Filed Date: May 30, 2003

Closed Date: April 7, 2004

Clearinghouse coding complete

Case Summary

The Greenville, South Carolina Office of the EEOC filed this action in the U.S. District Court for the District of South Carolina. The Defendants were Homes America, Inc., Accent Mobile Homes, Inc., and Southern Showcase Housing, Inc., all businesses engaged in the manufacturing, distributing, and selling of mobile homes. The controversy involved the alleged harassment, retaliation against, and termination of two female employees based on their sex in violation of Title VII of the Civil Rights Act of 1964. The lawsuit was filed in May 2003 and was resolved by consent decree in April 2004. Both parties filed for partial summary judgment, but the case settled prior to either motion being ruled on. The complainants, who did not intervene in the case, were awarded a total of $50,000 and a guarantee of neutral references. In addition, the company was required to provide training, post a Notice, and adopt a complaint procedure, and submit annual reports to the EEOC.

Summary Authors

Kevin Wilemon (8/12/2007)

Documents in the Clearinghouse

Document

8:03-cv-01830

Docket (PACER)

April 7, 2004

April 7, 2004

Docket
1

8:03-cv-01830

Complaint

May 30, 2003

May 30, 2003

Complaint
12

8:03-cv-01830

Protective Order

July 23, 2003

July 23, 2003

Order/Opinion
16

8:03-cv-01830

Order [re: motion to compel]

Sept. 9, 2003

Sept. 9, 2003

Order/Opinion
25

8:03-cv-01830

Order [re: motion to compel]

Nov. 21, 2003

Nov. 21, 2003

Order/Opinion
49

8:03-cv-01830

Order of Dismissal

March 23, 2004

March 23, 2004

Order/Opinion
51

8:03-cv-01830

Consent Decree

April 7, 2004

April 7, 2004

Settlement Agreement

Resources

Docket

Last updated March 25, 2024, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT; Service due by 9/29/03 for Southern Showcase, for Accent Mobile Homes, for Homes America Inc (jtho) (Entered: 05/30/2003)

May 30, 2003

May 30, 2003

2

SUMMONS issued for defendant Homes America Inc (jtho) (Entered: 05/30/2003)

May 30, 2003

May 30, 2003

3

SUMMONS issued for defendant Accent Mobile Homes (jtho) (Entered: 05/30/2003)

May 30, 2003

May 30, 2003

4

SUMMONS issued for defendant Southern Showcase (jtho) (Entered: 05/30/2003)

May 30, 2003

May 30, 2003

6

AFFIDAVIT OF SERVICE of summons and complaint executed as to defendant Homes America Inc, defendant Accent Mobile Homes, defendant Southern Showcase 6/3/03 Assignment Interrogatories due on 7/3/03 for Southern Showcase, for Accent Mobile Homes, for Homes America Inc ; Answer due on 6/23/03 for Southern Showcase, for Accent Mobile Homes, for Homes America Inc executed by certified mail (jtho) (Entered: 06/11/2003)

June 11, 2003

June 11, 2003

7

ANSWER to Complaint by defendant Homes America Inc, defendant Accent Mobile Homes, defendant Southern Showcase (Attorney Steven Mark Wynkoop, Amy Keegan), Assignment Interrogatories due on 7/3/03 for Southern Showcase, for Accent Mobile Homes, for Homes America Inc ; (jtho) (Entered: 06/24/2003)

June 23, 2003

June 23, 2003

8

CONFERENCE AND SCHEDULING ORDER setting 26(f) Conference no later than 7/14/03 ; 26(a) Initial Disclosures served by 7/28/03 ; 26(f) Report filed by 7/28/03 ; Joining of parties,amending of pleadings on 9/8/03 ; Plaintiff's ID of Experts set for 10/8/03 ; Defendant's ID of Experts set for 11/7/03 ; Records Custodian Affidavit filed by 11/7/03 ; Discovery cutoff 11/28/03 ; Deadline for filing of all motions 12/8/03 ; 26(a)3 Pretrial Disclosures filed by 1/30/04 ; Pretrial Brief filed by 2/24/04 ; Jury Selection deadline set for 3/2/04 ; ( signed by Magistrate Judge Bruce H. Hendricks ) eod 6/24/03, svd. (jtho) (Entered: 06/24/2003)

June 24, 2003

June 24, 2003

9

ANSWER to Local Rule 26 Interrogatories by defendant Homes America Inc, defendant Accent Mobile Homes, defendant Southern Showcase (jtho) (Entered: 07/16/2003)

July 15, 2003

July 15, 2003

10

26(f) Report by EEOC, Homes America Inc, Accent Mobile Homes, Southern Showcase . Parties agree to Conference and Scheduling Order. (jtho) (Entered: 07/22/2003)

July 22, 2003

July 22, 2003

11

26(f) Answers to Local Rule 26 Interrogatories by EEOC . (jtho) (Entered: 07/22/2003)

July 22, 2003

July 22, 2003

12

PROTECTIVE ORDER to prevent disclosure of certain medical and/or psychological records and/or testimony regarding Peggy Cox ( signed by Magistrate Judge Bruce H. Hendricks ) eod 7/23/03,svd. (jtho) (Entered: 07/23/2003)

July 23, 2003

July 23, 2003

13

MOTION by plaintiff EEOC to compel26(a)(1) disclosures and 26.03 responses (jtho) (Entered: 08/12/2003)

Aug. 11, 2003

Aug. 11, 2003

14

26(f) Report, discovery plan, and 26.03 responses by Homes America Inc, Accent Mobile Homes, Southern Showcase . Parties agree to Conference and Scheduling Order. (jtho) (Entered: 09/02/2003)

Sept. 2, 2003

Sept. 2, 2003

15

RESPONSE by defendant Homes America Inc, defendant Accent Mobile Homes, defendant Southern Showcase to [13-1] motion to compel26(a)(1) disclosures and 26.03 responses (jtho) (Entered: 09/08/2003)

Sept. 8, 2003

Sept. 8, 2003

17

MOTION by defendant Homes America Inc, defendant Accent Mobile Homes, defendant Southern Showcase to extend time to September 22, 2003 to respond to discovery (jtho) (Entered: 09/09/2003)

Sept. 8, 2003

Sept. 8, 2003

18

ORDER granting [17-1] motion to extend time to September 22, 2003 to respond to discovery Specific Document Filing 9/22/03 for Southern Showcase, for Accent Mobile Homes, for Homes America Inc ( signed by Magistrate Judge Bruce H. Hendricks ) eod 9/11/03, svd. (jtho) (Entered: 09/11/2003)

Sept. 11, 2003

Sept. 11, 2003

19

AMENDED CONFERENCE AND SCHEDULING ORDER setting Joining of parties,amending of pleadings on 10/8/03 ; Plaintiff's ID of Experts set for 10/8/03 ; Defendant's ID of Experts set for 11/10/03 ; Records Custodian Affidavit filed by 12/8/03 ; Discovery cutoff 12/28/03 ; Deadline for filing of all motions 1/8/04 ; Mediation deadline for 4/3/04 Mediation Statement filed by 3/5/04 ; 26(a)3 Pretrial Disclosures filed by 3/1/04 ; Pretrial Brief filed by 3/29/04 ; Jury Selection deadline set for 4/5/04 ; ( signed by Magistrate Judge Bruce H. Hendricks ) eod 9/19/03, svd. (jtho) (Entered: 09/19/2003)

Sept. 18, 2003

Sept. 18, 2003

20

Plaintiff's ID of Experts by EEOC (jtho) (Entered: 10/08/2003)

Oct. 8, 2003

Oct. 8, 2003

CASE reassigned to Judge Henry F. Floyd (admin) (Entered: 10/08/2003)

Oct. 8, 2003

Oct. 8, 2003

21

LETTER of the Clerk's office Re: case reassigned (awil) (Entered: 10/14/2003)

Oct. 14, 2003

Oct. 14, 2003

22

MOTION with exhibits A-G by plaintiff EEOC to compel responses to document request 14 and 15 , for sanctions against defendants for expenses incurred to make motion to compel and for attorney's fees (jtho) (Entered: 10/21/2003)

Oct. 20, 2003

Oct. 20, 2003

23

LETTER of Judge Henry F. Floyd Re: term of court (alew) (Entered: 10/29/2003)

Oct. 29, 2003

Oct. 29, 2003

24

RESPONSE with exhibits A-G by defendant Homes America Inc, defendant Accent Mobile Homes, defendant Southern Showcase to [22-1] motion to compel responses to document request 14 and 15 (jtho) Modified on 11/10/2003 (Entered: 11/10/2003)

Nov. 7, 2003

Nov. 7, 2003

25

ORDER granting in part, denying in part [22-1] motion to compel responses to document request 14 and 15. With regards to request no. 14, this court finds that the request is overly broad and unduly burdensome. The defendants are directed to provide the financial documents for the nine months ending September 27, 2003, subject to a confidentiality order mutually agreed upon by both parites. With regard to request no. 15, the EEOC's motion to compel is granted, again subject a a mutually agreed upon confidentiality order. The defendants are directed to produce the aforementioned documents to the EEOC within 20 days of the fiing date of this order. Denying [22-2] motion for sanctions against defendants for expenses incurred to make motion to compel and for attorney's fees ( signed by Magistrate Judge Bruce H. Hendricks ) eod 11/21/03, svd. (jtho) (Entered: 11/21/2003)

Nov. 21, 2003

Nov. 21, 2003

26

PROTECTIVE ORDER regarding certain financial documents of defendants ( signed by Judge Henry F. Floyd ) eod 12/4/03, svd. (jtho) (Entered: 12/04/2003)

Dec. 4, 2003

Dec. 4, 2003

27

OBJECTION with attachments A-B by plaintiff EEOC to [25-1] order (jtho) (Entered: 12/08/2003)

Dec. 8, 2003

Dec. 8, 2003

29

AMENDED CONFERENCE AND SCHEDULING ORDER setting Records Custodian Affidavit filed by 1/8/04 ; Discovery cutoff 1/26/04 ; Deadline for filing of all motions 2/9/04 ; Mediation deadline for 4/3/04 26(a)3 Pretrial Disclosures filed by 3/1/04 ; Pretrial Brief filed by 3/29/04 ; Jury Selection deadline set for 4/5/04 ; ( signed by Magistrate Judge Bruce H. Hendricks ) eod 12/16/03, svd. (jtho) (Entered: 12/16/2003)

Dec. 16, 2003

Dec. 16, 2003

30

MEMORANDUM by defendant Homes America Inc, defendant Accent Mobile Homes, defendant Southern Showcase in opposition to the Commission's [27-1] objection to the November 21, 2003 [25-1] Order (kmca) (Entered: 12/24/2003)

Dec. 23, 2003

Dec. 23, 2003

31

ORDER Response to motion reset to 1/5/04 for [28-1] motion for reconsideration of [25-1] order ( signed by Magistrate Judge Bruce H. Hendricks ) eod 12/29/03, svd. (jtho) (Entered: 12/29/2003)

Dec. 29, 2003

Dec. 29, 2003

32

RESPONSE with exhibits A-C by plaintiff EEOC to [28-1] motion for reconsideration of [25-1] order (jtho) (Entered: 01/06/2004)

Jan. 5, 2004

Jan. 5, 2004

33

REPLY by defendant Homes America Inc, defendant Accent Mobile Homes to [32-1] motion response with Exhibits A and B attached. (gant) Modified on 01/16/2004 (Entered: 01/16/2004)

Jan. 15, 2004

Jan. 15, 2004

34

MOTION by plaintiff EEOC for partial summary judgment (jtho) (Entered: 02/09/2004)

Feb. 9, 2004

Feb. 9, 2004

35

MEMORANDUM with exhibits A-I by plaintiff EEOC in support of [34-1] motion for partial summary judgment (jtho) (Entered: 02/09/2004)

Feb. 9, 2004

Feb. 9, 2004

36

ORDER reset motion filing deadline for 2/13/04 ( signed by Magistrate Judge Bruce H. Hendricks ) eod 2/10/04, svd. (jtho) (Entered: 02/10/2004)

Feb. 10, 2004

Feb. 10, 2004

37

MOTION by plaintiff EEOC for Celia Liner and Kerith Cohen to appear pro hac vice (jtho) (Entered: 02/11/2004)

Feb. 11, 2004

Feb. 11, 2004

38

AFFIDAVIT of Celia Liner by plaintiff EEOC Re: [37-1] motion for Celia Liner and Kerith Cohen to appear pro hac vice (jtho) (Entered: 02/11/2004)

Feb. 11, 2004

Feb. 11, 2004

39

AFFIDAVIT of Kerith Cohen by plaintiff EEOC Re: [37-1] motion for Celia Liner and Kerith Cohen to appear pro hac vice (jtho) (Entered: 02/11/2004)

Feb. 11, 2004

Feb. 11, 2004

40

ORDER granting [37-1] motion for Celia Liner and Kerith Cohen to appear pro hac vice ( signed by Magistrate Judge Bruce H. Hendricks ) eod 2/12/04, svd. (jtho) (Entered: 02/12/2004)

Feb. 12, 2004

Feb. 12, 2004

41

MEMORANDUM with attachments 1-9 by defendant Homes America Inc, defendant Accent Mobile Homes, defendant Southern Showcase in support of (jtho) (Entered: 02/17/2004)

Feb. 13, 2004

Feb. 13, 2004

42

MOTION by defendant Homes America Inc, defendant Accent Mobile Homes, defendant Southern Showcase for partial summary judgment , to strike plaintiff's claim for punitive damages (jtho) (Entered: 02/18/2004)

Feb. 17, 2004

Feb. 17, 2004

44

AFFIDAVIT of Serinda Byrns by defendant Homes America Inc, defendant Accent Mobile Homes, defendant Southern Showcase Re: [43-1] motion response (jtho) (Entered: 03/02/2004)

March 1, 2004

March 1, 2004

45

ORDER Specific Document Filing 3/8/04 for EEOC - respond to defendants' memorandum in support of motion for partial summary judgment ( signed by Magistrate Judge Bruce H. Hendricks ) eod 3/5/04, svd. (jtho) (Entered: 03/05/2004)

March 5, 2004

March 5, 2004

46

RESPONSE with attachments 1-6 by plaintiff EEOC to [42-2] motion to strike plaintiff's claim for punitive damages. Attachment #1 original affidavit of Larry Savage. (jtho) (Entered: 03/09/2004)

March 8, 2004

March 8, 2004

47

REPLY with attachments 1-2 by plaintiff EEOC to [43-1] motion response. Attachment #2 original affidavit of Edwin L. Turnage. (jtho) (Entered: 03/09/2004)

March 8, 2004

March 8, 2004

48

ORDER denying [28-1] motion for reconsideration of [25-1] order. Defendants shall produce al documents, as ordered by Judge Hendrikcs, not later than 10 days after the filing date of this Order ( signed by Judge Henry F. Floyd ) eod 3/10/04, svd. (jtho) (Entered: 03/10/2004)

March 10, 2004

March 10, 2004

49

ORDER that this action is dismissed without prejudice. If settlement not consummated within 60 days, either party may petition the court to reopen/restore the calendar. ( signed by Judge Henry F. Floyd ) eod 3/23/04, svd. (jtho) (Entered: 03/23/2004)

March 23, 2004

March 23, 2004

Case closed (jtho) (Entered: 03/23/2004)

March 23, 2004

March 23, 2004

50

CONSENT MOTION with attachment by plaintiff EEOC to reopen (jtho) (Entered: 04/02/2004)

April 2, 2004

April 2, 2004

51

ORDER granting [50-1] motion to reopen for the purpose of entry of the parties Consent Decree ( signed by Judge Henry F. Floyd ) svd eod (sjam) (Entered: 04/07/2004)

April 7, 2004

April 7, 2004

Case reopened (sjam) (Entered: 04/07/2004)

April 7, 2004

April 7, 2004

52

CONSENT DECREE ( signed by Judge Henry F. Floyd ) eod svd (sjam) (Entered: 04/07/2004)

April 7, 2004

April 7, 2004

Case closed (sjam) (Entered: 04/07/2004)

April 7, 2004

April 7, 2004

Case Details

State / Territory: South Carolina

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: May 30, 2003

Closing Date: April 7, 2004

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

Southern Showcase Housing, Inc. (Anderson, SC), Private Entity/Person

Accent Mobile Homes, Inc. (Anderson, SC), Private Entity/Person

Homes America, Inc. (Anderson, SC), Private Entity/Person

Case Details

Causes of Action:

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: 50000

Order Duration: 2004 - 2005

Content of Injunction:

Neutral/Positive Reference

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Implement complaint/dispute resolution process

Reporting

Monitoring

Issues

General:

Retaliation

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Sex or Gender:

Female

EEOC-centric:

Direct Suit on Merits