Case: EEOC v. AFG INDUSTRIES INC

2:04-cv-00364 | U.S. District Court for the Eastern District of Tennessee

Filed Date: Sept. 28, 2004

Closed Date: 2008

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Case Summary

On September 28, 2004, the Memphis and Nashville offices of the Equal Employment Opportunity Commission filed a lawsuit under Title VII against AFG Industries, Inc. in the U.s. District Court for the Eastern District of Tennessee. The EEOC alleged that the defendants had violated the rights of the complainant by discharging him when he refused to work on a Saturday due to the fact that he was a practicing Seventh-Day Adventist.On December 28, 2004, the complainant intervened in the case as a p…

On December 28, 2004, the complainant intervened in the case as a plaintiff. On September 15, 2005, the parties entered into a consent decree, which the court adopted on September 29, 2005. Pursuant to the consent decree, the intervenor-plaintiff voluntarily dismissed his claims against the defendants. Under the terms of the decree, the defendants agreed to pay $65,000 in compensatory damages to the complainant and to expunge his employment record of any reference to the events surrounding this lawsuit. In addition, defendants agreed to provide 2 hours of employment discrimination awareness training to all supervisory and management personnel within 180 days of the consent decree. Oddly, even though the consent decree called for ongoing injunctive relief to last three years, the case was dismissed, on the parties' joint motion, a few days later.

In any event, more than three years has passed and no additional activity appears on the docket, so it is certainly now closed.

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Summary Authors

Kristen Sagar (3/17/2008)

People

Judge(s)

Inman, Dennis H. (Tennessee)

Judge(s)

Inman, Dennis H. (Tennessee)

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Documents in the Clearinghouse

	Document
2:04-cv-00364	Docket [PACER] EEOC v. AFG Industries Inc	Oct. 6, 2005	Oct. 6, 2005 Docket
1-1 2:04-cv-00364	Complaint EEOC v. AFG Industries Inc	Sept. 28, 2004	Sept. 28, 2004 Complaint
13 2:04-cv-00364	Intervener's Complaint EEOC v. AFG Industries Inc	Jan. 26, 2005	Jan. 26, 2005 Complaint
24 2:04-cv-00364	Consent Decree EEOC and Johnson v. AFG Industries	Sept. 29, 2005	Sept. 29, 2005 Settlement Agreement

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Resources

Title	Description		External URL Date / External URL
Under the Radar: Visibility and the Effects of Discrimination Lawsuits in Small and Large Firms Carly Knight, Frank Dobbin, Alexandra Kalev	Research on how discrimination lawsuits affect corporate diversity has yielded mixed results. Qualitative studies highlight the limited efficacy of lawsuits in the typical workplace, finding that lit…	April 1, 2022	April 1, 2022 https://cris.tau.ac.il/...

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Docket

Last updated April 15, 2024, 3:22 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against AFG Industries, Inc , filed by Plaintiff Equal Employment Opportunity Commission. Summons NOT ISSUED. (Attachments: # 1 Civil Cover Sheet)(KDO) (Entered: 09/29/2004)	Sept. 28, 2004	Sept. 28, 2004
2	NOTICE of Appearance by Michele L Coffman, Glenn T McColpin on behalf of Terry R Johnson (Attachments: # 1 Affidavit of Mitchell A Tyner)(RLC, ) (Entered: 12/14/2004)	Dec. 13, 2004	Dec. 13, 2004
3	WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. AFG Industries, Inc waiver sent on 11/23/2004, answer due 1/24/2005. (RLC, ) (Entered: 12/21/2004)	Dec. 15, 2004	Dec. 15, 2004
4	MOTION to Strike Intervening Complaint by AFG Industries, Inc. (Attachments: # 1 Memorandum In Support of Defendant's Motion to Strike Intervening Complaint# 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D)(Steel, Laura) (Entered: 12/28/2004)	Dec. 28, 2004	Dec. 28, 2004
5	CERTIFICATE OF CORPORATE INTEREST. (Steel, Laura) (Entered: 12/28/2004)	Dec. 28, 2004	Dec. 28, 2004
6	ORDER denying as irrelevant 4 Motion to Strike the intervening complaint, in accordance with this order . Signed by Judge Dennis H Inman on 12/29/2004. (RLC, ) (Entered: 12/29/2004)	Dec. 29, 2004	Dec. 29, 2004
7	MOTION for Leave to Appear Pro Hac Vice by Terry R Johnson. (Coffman, Michele) (Entered: 01/13/2005)	Jan. 13, 2005	Jan. 13, 2005
8	MOTION to Intervene by Terry R Johnson. (Coffman, Michele) (Entered: 01/13/2005)	Jan. 13, 2005	Jan. 13, 2005
9	ORDER denying 7 Motion for Leave to Appear Pro Hac Vice for Mitchell A. Tyner, Esq. Signed by Judge Dennis H Inman on 1/14/2005. (RLC, ) (Entered: 01/14/2005)	Jan. 14, 2005	Jan. 14, 2005
10	ANSWER to Complaint with Jury Demand by AFG Industries, Inc.(Steel, Laura) (Entered: 01/20/2005)	Jan. 20, 2005	Jan. 20, 2005
11	ORDER granting 8 Motion to Intervene by Terry R. Johnson. The Court would once again point out that Mitchell A Tyner, Esq., one of Mr. Johnson's attorneys, has yet been admitted pro hac vice, and must do so before further appearing in this case. Signed by Judge Dennis H Inman on 1/26/2005. (RLC, ) (Entered: 01/26/2005)	Jan. 26, 2005	Jan. 26, 2005
	First Intervenor COMPLAINT, filed by Terry R Johnson.(Coffman, Michele) DOCUMENT [12] NOT SIGNED - REFILED AND PDF DELETED - Modified on 1/26/2005 (RLC, ). (Entered: 01/26/2005)	Jan. 26, 2005	Jan. 26, 2005
14	NOTICE of Hearing: Scheduling Conference set for 3/3/2005 09:00 AM before Honorable J Ronnie Greer. (Attachments: # 1 Notice of Availability of Magistrate Judge# 2 Sample Scheduling Order)(EBM, ) (Entered: 01/28/2005)	Jan. 28, 2005	Jan. 28, 2005
	MOTION for Leave to Appear Pro Hac Vice by Terry R Johnson. (Attachments: # (1))(Coffman, Michele) INCORRECT DOCUMENT FILED - REFILED AND PDF DELETED - Modified on 2/8/2005 (RLC, ). (Entered: 02/08/2005)	Feb. 8, 2005	Feb. 8, 2005
	MOTION for Leave to Appear by Terry R Johnson. (Coffman, Michele) DOCUMENT [16] INCORRECTLY FILED - REFILED AND PDF DELETED - Modified on 2/8/2005 (RLC, ). (Entered: 02/08/2005)	Feb. 8, 2005	Feb. 8, 2005
17	MOTION for Leave to Appear by Terry R Johnson. (Attachments: # 1)(Coffman, Michele) (Entered: 02/08/2005)	Feb. 8, 2005	Feb. 8, 2005
	Filing fee for pro hac vice appearance for Mitchell A Tyner received: $ 60.00, receipt number 14081 (FMM, ) (Entered: 02/10/2005)	Feb. 10, 2005	Feb. 10, 2005
18	ORDER granting 17 Motion for Leave to Appear Pro Hac Vice for Mitchell A. Tyner, Esq. Signed by Judge Dennis H Inman on 2/10/2005. (RLC, ) (Entered: 02/10/2005)	Feb. 10, 2005	Feb. 10, 2005
19	ANSWER to Intervenor Complaint by AFG Industries, Inc.(Steel, Laura) (Entered: 02/14/2005)	Feb. 14, 2005	Feb. 14, 2005
20	REPORT of Rule 26(f) Planning Meeting. (Ramsey, Sally) (Entered: 02/23/2005)	Feb. 23, 2005	Feb. 23, 2005
	Minute Entry : Scheduling Conference held on 3/3/2005. (EBM, ) (Entered: 03/03/2005)	March 3, 2005	March 3, 2005
21	SCHEDULING ORDER: Jury Trial set for 4 days on 2/21/2006 at 09:00 AM in Courtroom 400 before Honorable J Ronnie Greer. Final Pretrial Conference set for 2/2/2006 at 09:00 AM before Honorable J Ronnie Greer. Dispositive Motions due by 10/21/2005. All motions in limine and objections must be filed by 1/17/2006, with responses due by 1/19/2006. Utilization of mediation deadline is 12/21/2005.Signed by Judge J Ronnie Greer on 3/3/2005. (RLC, ) (Entered: 03/03/2005)	March 3, 2005	March 3, 2005
22	Agreed Proposed Order (Consent Decree) by AFG Industries, Inc. (Steel, Laura) (Entered: 09/15/2005)	Sept. 15, 2005	Sept. 15, 2005
23	REPORT of Mediation from Robert Murrian, Mediator stating that case settled at mediation.(EBM, ) (Entered: 09/19/2005)	Sept. 19, 2005	Sept. 19, 2005
24	CONSENT DECREE: In compromise and settlement of these disputed claims, Defendant agrees to pay $65,000.00 compensatory damages to Terry R. Johnson. The payment is not an admission of liability by AFG. Each parties shall bear its own costs and attorneys fees.Signed by Judge J Ronnie Greer on 9/29/2005. (RLC, ) (Entered: 09/29/2005)	Sept. 29, 2005	Sept. 29, 2005
25	SUPPLEMENT Agreed Order to Dismiss by Terry R Johnson. (Woods, Rebecca) (Entered: 10/04/2005)	Oct. 4, 2005	Oct. 4, 2005