University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Siouxland Oral and Maxillofacial Surgery Associate EE-SD-0010
Docket / Court 4:04-cv-04215-LLP ( D.S.D. )
State/Territory South Dakota
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
The Denver and New Mexico Offices of the EEOC filed this action in the District Court for the District of South Dakota. The Defendant was Siouxland Oral Maxillofacial Surgery Associates, LLP, an outpatient surgical center for oral and maxillofacial surgery. The controversy involved the alleged ... read more >
The Denver and New Mexico Offices of the EEOC filed this action in the District Court for the District of South Dakota. The Defendant was Siouxland Oral Maxillofacial Surgery Associates, LLP, an outpatient surgical center for oral and maxillofacial surgery. The controversy involved the alleged termination of one complaint because of her pregnancy, and the alleged failure to hire the other complainant due to her sex. The lawsuit was filed in December 2004 and was tried to a jury in April 2007. The jury awarded a total of $21,098 to the two complainants, both of whom had intervened in the case. The defendant initially filed a motion to sever, and later a motion for separate trials, both of which were denied. They also had a motion for summary judgment denied in part, although the court did dismiss the EEOC's pattern-or-practice claim. After the jury verdict in their favor, the EEOC filed for injunctive relief, which was denied. Both parties appealed, but consented to withdrawing the appeal to allow the district court to determine the amount of prejudgment interest due on the award of backpay. The defendant appealed the district court's award of interest, which is still bending as of 4/22/2008.

Kevin Wilemon - 08/17/2007


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Issues and Causes of Action
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Issues
Affected Gender
Female
Discrimination-area
Discharge / Constructive Discharge / Layoff
Hiring
Discrimination-basis
Pregnancy discrimination
Sex discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Pattern or Practice
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Siouxland Oral Maxillofacial Surgery Associates, LLP
Plaintiff Description Equal Employment Opportunity Commission, on behalf of one or more workers.
Indexed Lawyer Organizations EEOC
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Damages
Source of Relief Litigation
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2007
Case Ongoing No
Additional Resources
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Case Studies Megacases, Diversity, and the Elusive Goal of Workplace Reform
Written: Mar. 01, 2008
By: Nancy Levit (University of Missouri-Kansas City School of Law)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

  Second Generation Employment Discrimination: A Structural Approach
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
4:04-cv-04215-LLP (D.S.D.) 07/08/2005
EE-SD-0010-9001 PDF | Detail
PACER [Public Access to Court Electronic Records]
4:04-cv-04215-LLP (D.S.D.) 08/16/2007
EE-SD-0010-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint and Jury Trial Demand 12/28/2004
EE-SD-0010-0001 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Complaint [From Case of Intervenor Plaintiffs] 12/30/2004
EE-SD-0010-0002 PDF | Detail
Memorandum Opinion and Order Denying Motion for Severance 05/27/2005 (D.S.D.)
EE-SD-0010-0003 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order on Motion [Regarding EEOC's Motion to Compel] 05/09/2006 (2006 WL 1302605) (D.S.D.)
EE-SD-0010-0004 PDF | WESTLAW | Detail
Memorandum Opinion and Order Re: Summary Judgment and Other Motions 03/09/2007 (2007 WL 776321 / 2007 U.S.Dist.LEXIS 17542) (D.S.D.)
EE-SD-0010-0005 PDF | WESTLAW| LEXIS | Detail
Verdict Forms 04/06/2007
EE-SD-0010-0006 PDF | Detail
Memo Opinion and Order Re: Posttrial motions 08/10/2007 (2007 WL 2326889) (D.S.D.)
EE-SD-0010-0007 PDF | WESTLAW | Detail
Judges Simko, John E. (D.S.D.) [Magistrate]
EE-SD-0010-9001
Monitors/Masters None on record
Plaintiff's Lawyers None on record
Defendant's Lawyers None on record
Other Lawyers None on record

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