Case: EEOC v. KNIFE & FORK ON SHARON AMITY, INC.

3:00-cv-00490 | U.S. District Court for the Western District of North Carolina

Filed Date: Sept. 29, 2000

Closed Date: 2002

Clearinghouse coding complete

Case Summary

In September 2000, the Charlotte District Office of the EEOC brought this suit against Knife and Fork on Sharon Amity, Inc. in the U.S. District Court for the Western District of North Carolina. We do not have a complete copy of the complaint; therefore, the exact allegations involved are unknown. However, it appears from the front page of the complaint that the complaint alleged the defendant subjected the two charging parties, female employees, to a sexually hostile work environment, result…

In September 2000, the Charlotte District Office of the EEOC brought this suit against Knife and Fork on Sharon Amity, Inc. in the U.S. District Court for the Western District of North Carolina. We do not have a complete copy of the complaint; therefore, the exact allegations involved are unknown. However, it appears from the front page of the complaint that the complaint alleged the defendant subjected the two charging parties, female employees, to a sexually hostile work environment, resulting in the constructive discharge of the charging parties. The defendant never appeared in this case, and the EEOC unsuccessfully moved for a default judgment in January 2001. In November 2002, the case was dismissed for want of prosecution. The EEOC appealed this judgment moving for a new trial, or in the alternative relief from judgment, which was denied in August 2003 by the District Court, stating the EEOC's failure to file for a default judgment was the reason dismissal was appropriate. A second order to dismiss the case was signed by District Judge Graham C. Mullen in August 2003.

Summary Authors

Daisy Manning (10/2/2007)

Documents in the Clearinghouse

Document

3:00-cv-00490

Docket (PACER)

EEOC v. Knife and Fork on Sharon Amity

Aug. 21, 2003

Aug. 21, 2003

Docket
1

3:00-cv-00490

Complaint

EEOC v. Knife and Fork on Sharon Amity Inc

Sept. 29, 2000

Sept. 29, 2000

Complaint
10

3:00-cv-00490

Order [Dismissing Case for Failure to Prosecute]

EEOC v. Knife and Fork on Sharon Amity Inc

Nov. 4, 2002

Nov. 4, 2002

Order/Opinion
14

3:00-cv-00490

Order [Regarding Plaintiff's Motion to Reconsider]

EEOC v. Knife and Fork on Sharon Amity Inc

Aug. 7, 2003

Aug. 7, 2003

Order/Opinion

Resources

Docket

Last updated March 26, 2024, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (former emp) (Entered: 10/02/2000)

Sept. 29, 2000

Sept. 29, 2000

2

WAIVER OF SERVICE Returned Executed as to Knife and Fork 10/2/00 Answer due on 12/1/00 for Knife and Fork (former emp) (Entered: 11/14/2000)

Nov. 9, 2000

Nov. 9, 2000

4

ORDER, set for IPC at 10:00 2/8/01 before Judge Graham C. Mullen ( signed by Judge Graham C. Mullen ) [EOD DATE: 1/17/01] (former emp) (Entered: 01/17/2001)

Jan. 12, 2001

Jan. 12, 2001

5

MOTION by EEOC for Entry of Default as to Knife and Fork (former emp) (Entered: 01/30/2001)

Jan. 22, 2001

Jan. 22, 2001

6

AFFIDAVIT of Efrania Ebron-Fubara filed by EEOC re: [5-1] motion for Entry of Default as to Knife and Fork (former emp) (Entered: 01/30/2001)

Jan. 22, 2001

Jan. 22, 2001

7

CLERK'S ENTRY OF DEFAULT as to Knife and Fork granting [5-1] motion for Entry of Default as to Knife and Fork (former emp) (Entered: 03/15/2001)

March 15, 2001

March 15, 2001

8

ORDER, set Jury Trial for 9:30 6/4/01 before Judge Graham C. Mullen ( signed by Judge Graham C. Mullen ) [EOD DATE: 3/27/01] (former emp) (Entered: 03/27/2001)

March 21, 2001

March 21, 2001

9

ORDER, removing case from the June 2001 trial calendar ( signed by Judge Graham C. Mullen ) [EOD DATE: 5/8/01] (former emp) (Entered: 05/08/2001)

May 3, 2001

May 3, 2001

10

ORDER, Dismissing for Want of Prosecution ( signed by Judge Graham C. Mullen ) [EOD DATE: 11/5/02] (clc) (Entered: 11/05/2002)

Nov. 4, 2002

Nov. 4, 2002

11

MOTION by EEOC for New Trial , or in the alt relief from jgm/to Vacate [10-1] order Dismissing for Want of Prosecution (clc) (Entered: 11/21/2002)

Nov. 19, 2002

Nov. 19, 2002

12

MEMORANDUM by EEOC in support of [11-1] motion for New Trial by EEOC, [11-2] motion relief from jgm/to Vacate [10-1] order Dismissing for Want of Prosecution by EEOC (clc) (Entered: 11/21/2002)

Nov. 19, 2002

Nov. 19, 2002

13

Substitution of Counsel terminating attorney Erania M. Ebron-Fubara for EEOC and substituting Bobby C. Simpson (clc) (Entered: 08/07/2003)

Aug. 6, 2003

Aug. 6, 2003

14

ORDER denying [11-1] motion for New Trial, denying [11-2] motion relief from jgm/to Vacate [10-1] order Dismissing for Want of Prosecution ( signed by Judge Graham C. Mullen ) [EOD DATE: 8/11/03] (clc) (Entered: 08/11/2003)

Aug. 7, 2003

Aug. 7, 2003

Case closed (bsw) (Entered: 08/21/2003)

Aug. 21, 2003

Aug. 21, 2003

Case Details

State / Territory: North Carolina

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 29, 2000

Closing Date: 2002

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

Knife and Fork on Sharon Amity, Inc., Private Entity/Person

Case Details

Causes of Action:

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

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

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