Case: EEOC v. ABG INTERNATIONAL UNION

5:97-cv-00876 | U.S. District Court for the Northern District of Alabama

Filed Date: April 9, 1997

Closed Date: Sept. 29, 1998

Clearinghouse coding complete

Case Summary

In April 1997, the EEOC district office in Birmingham, Alabama brought this suit against the Aluminum, Brick and Glass Workers International Union in the U.S. District Court for the Northern District of Alabama. The complaining party intervened in the suit. Neither complaint is currently available. After two defense motions for summary judgment and a single plaintiff motion for summary judgment, the EEOC settled and dropped its suit in August of 1998. The intervenor plaintiff settled in September of 1998. Neither settlement agreement is available.

Summary Authors

Jason Chester (6/22/2007)

Documents in the Clearinghouse

Document

5:97-cv-00876

Docket [PACER]

EEOC v. ABG

Sept. 29, 1998

Sept. 29, 1998

Docket
48

5:97-cv-00876

Order Dismissing Certain Claims

EEOC v. United Steelworkers of America

Aug. 13, 1998

Aug. 13, 1998

Order/Opinion
51

5:97-cv-00876

Order of Dismissal

EEOC v. United Steelworkers of America

Sept. 29, 1998

Sept. 29, 1998

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5184236/eeoc-v-abg/

Last updated April 11, 2024, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with JURY DEMAND, filed, (Former Employee) (Entered: 04/11/1997)

April 9, 1997

April 9, 1997

2

AMENDED complaint filed by plaintiff [1-1]; jury demand filed cs (Former Employee) (Entered: 04/18/1997)

April 17, 1997

April 17, 1997

3

AMENDED complaint filed by plaintiff [2-1], [1-1]; jury demand filed (DJG) (Entered: 05/02/1997)

May 1, 1997

May 1, 1997

4

ANSWER by defendant w/appear by atty(s) Joe R Whatley Jr, Carl B Frankel filed cs (Former Employee) (Entered: 06/11/1997)

June 9, 1997

June 9, 1997

5

ORDER that parties are reminded of their obligations under FRCP 26, filed ( by Judge C L. Smith Jr ) cm (Former Employee) (Entered: 06/12/1997)

June 12, 1997

June 12, 1997

6

NOTICE of appearance for defendant by Richard P Rouco filed cs (Former Employee) (Entered: 07/23/1997)

July 21, 1997

July 21, 1997

7

Report of Parties (form 35) of compliance with FRCP 26 filed cs (Former Employee) (Entered: 07/23/1997)

July 21, 1997

July 21, 1997

8

ORDER Discovery cutoff 2/18/98 all dispositive motions must be filed by March 18, 1998 and parties shall be ready for trial by May 1998, filed ( by Judge C L. Smith Jr ) cm (Former Employee) (Entered: 07/23/1997)

July 23, 1997

July 23, 1997

9

MOTION by intervenor-plaintiff to intervene w/complaint in intervention attached filed cs (Former Employee) (Entered: 09/30/1997)

Sept. 30, 1997

Sept. 30, 1997

10

ORDER to show cause deadline created for 10/23/97 why the motion to intervene should not be granted filed ( by Judge C L. Smith Jr ) cm (Former Employee) (Entered: 10/02/1997)

Oct. 2, 1997

Oct. 2, 1997

11

RESPONSE by ABG to show cause order regarding Pocahantas Lyon's motion to intervene [10-1] filed cs (CJV) (Entered: 10/24/1997)

Oct. 23, 1997

Oct. 23, 1997

12

REPLY by intervenor-plaintiff to response [11-1] filed cs (Former Employee) (Entered: 11/07/1997)

Nov. 7, 1997

Nov. 7, 1997

13

REPLY by pla to dfts response to Pocahantas Lyons motion to intervene filed cs (Former Employee) (Entered: 11/18/1997)

Nov. 17, 1997

Nov. 17, 1997

15

ORDER granting motion to intervene [9-1] Pocahontas Lyons filed ( by Judge C L. Smith Jr ) cm (Former Employee) (Entered: 12/18/1997)

Dec. 18, 1997

Dec. 18, 1997

16

INTERVENOR complaint w/exh att filed cs (Former Employee) Modified on 12/18/1997 (Entered: 12/18/1997)

Dec. 18, 1997

Dec. 18, 1997

17

ANSWER to complaint in intervention by ABG filed cs (CJV) (Entered: 12/19/1997)

Dec. 18, 1997

Dec. 18, 1997

14

MEMORANDUM opinion filed ( by Judge C L. Smith Jr ) cm (Former Employee)

Dec. 18, 1997

Dec. 18, 1997

RECAP
18

MOTION by pla to amend scheduling order filed cs (Former Employee) (Entered: 01/06/1998)

Jan. 5, 1998

Jan. 5, 1998

19

ORDER granting motion to amend scheduling order discovery cutoff on 04/17/98 and dispositive motions on 05/18/98 [18-1] filed ( by Judge C L. Smith Jr ) cm (DJG) (Entered: 01/07/1998)

Jan. 7, 1998

Jan. 7, 1998

20

MOTION by pla, dft, intervenor-pla for amended scheduling order filed cs (Former Employee) (Entered: 04/01/1998)

April 1, 1998

April 1, 1998

21

ORDER Scheduling that discovery cutoff 5/29/98; dispositive motions due by 6/30/98; parties shall be ready for trial by September 1998 by Judge C L. Smith Jr entered cm (Former Employee) (Entered: 04/03/1998)

April 3, 1998

April 3, 1998

DOCKET modification (utility event) terminating motion for amended scheduling order [20-1]; see document 21 (Former Employee) (Entered: 04/03/1998)

April 3, 1998

April 3, 1998

22

MOTION by intervenor-plaintiff Pocahontas Lyons for leave to file atty time records out of time filed cs (Former Employee) (Entered: 04/14/1998)

April 14, 1998

April 14, 1998

23

22 - ORDER granting motion for leave to file atty time records out of time [22-1] ( by Judge C L. Smith Jr ) entered cm (Former Employee) (Entered: 04/16/1998)

April 15, 1998

April 15, 1998

24

Notice of intervenor-plaintiff Pocahontas Lyons of filing of attorney time records in response to order # [5-1] w/sealed envelope of time records attached filed cs (Former Employee) (Entered: 04/16/1998)

April 15, 1998

April 15, 1998

25

Notice of intervenor-plaintiff Pocahontas Lyons of filing of attorney time records in response to order # [5-1] w/sealed envelope of time records attached filed cs (Former Employee) (Entered: 05/15/1998)

May 14, 1998

May 14, 1998

26

MOTION by intervenor-plaintiff Pocahontas Lyons for leave to complete deposition of John J Murphy outside discovery ddl w/exh att filed cs (Former Employee) Modified on 05/27/1998 (Entered: 05/27/1998)

May 27, 1998

May 27, 1998

27

- ORDER granting motion for leave to complete deposition of John J Murphy outside discovery ddl [26-1] ( by Judge C L. Smith Jr ) entered cm (Former Employee) (Entered: 05/27/1998)

May 27, 1998

May 27, 1998

28

Notice of intervenor-plaintiff Pocahontas Lyons of filing of attorney time records in response to order # [5-1] w/sealed envelope of time records attached filed cs (Former Employee) (Entered: 06/15/1998)

June 15, 1998

June 15, 1998

30

BRIEF by plaintiff in support of motion for partial summary judgment filed cs (Former Employee) (Entered: 06/29/1998)

June 29, 1998

June 29, 1998

31

ORDER (Submission) that the motion for partial summary judgment [29-1] is submitted 7/29/98 ; affidavits and to be filed by 07/08/98, movant to file a brief by 07/15/98, opposition evidentiary matters by 07/22/98 , Responsive Brfs Due by 07/29/98, filed ( Judge C L. Smith Jr ) cm (DJG) (Entered: 06/30/1998)

June 30, 1998

June 30, 1998

32

MOTION by dft for summary judgment against pla EEOC filed cs (Former Employee) (Entered: 07/01/1998)

June 30, 1998

June 30, 1998

33

MOTION by dft for summary judgment against pla-intervenor filed cs (Former Employee) (Entered: 07/01/1998)

June 30, 1998

June 30, 1998

34

ORDER (Submission) that the motion for summary judgment against pla-intervenor [33-1] is submitted 7/29/98, that motion for summary judgment against pla EEOC [32-1] is submitted 7/29/98; movants evidentiary matters due 7/8/98, movants Brf Due 7/15/98, opposing party evidentiary matters Due 7/22/98, opposing party brief due 7/29/98 filed ( Judge C L. Smith Jr ) cm (Former Employee) (Entered: 07/02/1998)

July 2, 1998

July 2, 1998

35

EVIDENTIARY SUBMISSION by dft in support of motions for summary judgment w/declaration of Richard Warner, Revel Black, Homer Wilson, William Davis, John Murphy and exhibits attached filed cs (2 volumes) (Former Employee) (Entered: 07/10/1998)

July 8, 1998

July 8, 1998

36

Notice of plaintiff, intervenor-plaintiff of filing of attorney time records in response to order # [5-1] w/sealed envelope of time records attached filed cs (Former Employee) (Entered: 07/16/1998)

July 15, 1998

July 15, 1998

37

BRIEF by defendant (USWA) in support of motions for summary judgment filed cs (Former Employee) (Entered: 07/17/1998)

July 15, 1998

July 15, 1998

38

MOTION by intervenor-plaintiff Pocahontas Lyons to extend time 14 days to respond to motion for SJ filed cs (Former Employee) (Entered: 07/17/1998)

July 17, 1998

July 17, 1998

39

EVIDENTIARY SUBMISSION (Vol I and II) by intervenor-pla in opposition to motion for summary judgment w/deposition of A Q Harville, John Murphy, affidavits of A Q Harville and exhibits attached filed cs (Former Employee) (Entered: 07/23/1998)

July 22, 1998

July 22, 1998

41

EVIDENTIARY SUBMISSION by dft in opposition to EEOCs motion for partial summary judgment w/exhibits 1-3 attached filed cs (Former Employee) (Entered: 07/23/1998)

July 22, 1998

July 22, 1998

42

EVIDENTIARY SUBMISSION by pla in opposition to motion for SJ against pla w/exhibits 1-15 attached including affidavit of Cynthia G Pierre and depositions of A Q Harville, Ernie LaBaff, Pocahontas Lyons and John Murphy filed cs (Former Employee) (Entered: 07/24/1998)

July 22, 1998

July 22, 1998

40

ORDER (Submission) granting motion for extension [38-1] that the motion for summary judgment against pla-intervenor [33-1] is submitted 8/14/98, that motion for summary judgment against pla EEOC [32-1] is submitted 8/14/98; opposing party evidentiary matters due 7/31/98, opposing party Brf Due by 8/14/98 filed ( Judge C L. Smith Jr ) cm (Former Employee) (Entered: 07/23/1998)

July 23, 1998

July 23, 1998

DOCKET modification (utility event) granting motion to extend time 14 days to respond to motion for SJ [38-1]; see submission order entered 7/23/98 (Former Employee) (Entered: 07/23/1998)

July 23, 1998

July 23, 1998

43

EXHIBIT list by intervenor-plaintiff filed cs (Former Employee) (Entered: 07/31/1998)

July 30, 1998

July 30, 1998

44

WITNESS list by intervenor-plaintiff filed cs (Former Employee) (Entered: 07/31/1998)

July 30, 1998

July 30, 1998

45

WITNESS and exhibit list by dft United Steelworkers of America filed cs (Former Employee) (Entered: 07/31/1998)

July 30, 1998

July 30, 1998

46

WITNESS and exhibit list by plaintiff filed cs (Former Employee) (Entered: 07/31/1998)

July 30, 1998

July 30, 1998

47

STIPULATION of pla EEOC and dft USWA for dismissal of all claims asserted by EEOC filed cs (Former Employee) (Entered: 08/11/1998)

Aug. 10, 1998

Aug. 10, 1998

48

ORDER granting stipulation [47-1] to dismiss certain claims; the entry of this order shall have no effect on remaining claims of pla-intv Pocahantas Lyona against dft; further that parties select a mediator from attached panel of neutrals w/in 10 days for mediation of remaining claims filed ( by Judge C L. Smith Jr ) cm (Former Employee) (Entered: 08/14/1998)

Aug. 13, 1998

Aug. 13, 1998

49

OBJECTIONS by defendant United Steel Workers to plaintiff-intervenor's witness designation, [46-1] filed cs (Former Employee) (Entered: 08/17/1998)

Aug. 13, 1998

Aug. 13, 1998

50

OBJECTIONS by defendant United Steel Workers to plaintiff-intervenor's exhibit designation, to [43-1] filed cs (Former Employee) (Entered: 08/17/1998)

Aug. 13, 1998

Aug. 13, 1998

DOCKET modification (utility event) terminating party EEOC (Former Employee) (Entered: 08/14/1998)

Aug. 14, 1998

Aug. 14, 1998

51

ORDER that all claims of pla-intervenor are dismissed w/prejudice to dismiss case ; each party to bear own costs filed ( by Judge C L. Smith Jr ) cm (Former Employee) (Entered: 09/29/1998)

Sept. 29, 1998

Sept. 29, 1998

Case Details

State / Territory: Alabama

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: April 9, 1997

Closing Date: Sept. 29, 1998

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

Private Plaintiff

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Aluminum, Brick and Glass Workers International Union, Private Entity/Person

Case Details

Causes of Action:

42 U.S.C. § 1981

State law

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

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Issues

General:

Retaliation

Discrimination-area:

Disparate Treatment

Discrimination-basis:

Race discrimination

Sex discrimination

Race:

Race, unspecified

Affected Sex or Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit