Case: EEOC v. CARMIKE CINEMAS INC

5:04-cv-00673 | U.S. District Court for the Eastern District of North Carolina

Filed Date: Sept. 16, 2004

Closed Date: 2008

Clearinghouse coding complete

Case Summary

In September 2004, the EEOC's Charlotte office filed this suit in the U.S. District Court for the Eastern District of North Carolina against Carmike Cinemas, Inc., alleging multiple violations of Title VII of the Civil Rights Act of 1964. The EEOC alleged that the defendant, an large operator of over 300 movie theaters in 36 states, had allowed a twice convicted male sex offender to remain in a supervisory position over minor boys despite receiving numerous and documented complaints from the …

In September 2004, the EEOC's Charlotte office filed this suit in the U.S. District Court for the Eastern District of North Carolina against Carmike Cinemas, Inc., alleging multiple violations of Title VII of the Civil Rights Act of 1964. The EEOC alleged that the defendant, an large operator of over 300 movie theaters in 36 states, had allowed a twice convicted male sex offender to remain in a supervisory position over minor boys despite receiving numerous and documented complaints from the minor boys about a pervasive and continuous pattern on of verbal and physical sexual harassment. The supervisor often brought the boys into the "candy closet," blocked the exit, and subjected the boys to lewd comments and propositions as well as unwanted touching. Over ten aggrieved minors intervened, as well as several adults, into the EEOC's action. The case eventually settled through mediation in August 2005, which resulted in a court-approved consent decree in September 2005. The decree awarded $765,000 to the class of aggrieved boys and men as well as enjoined the defendant from discriminating or retaliating in the future. The decree also ordered the defendant to amend its anti-discrimination policy, provide equal employment opportunity training to its managers and supervisors, and created a process whereby the EEOC could monitor compliance. The settlement term was three years. The docket sheet does not show any further enforcement; the case was presumably closed in 2008.

Summary Authors

Tony Friedman (8/13/2007)

Documents in the Clearinghouse

Document

5:04-cv-00673

Docket [PACER]

EEOC v. Carmike Cinemas Inc

Nov. 4, 2005

Nov. 4, 2005

Docket
1

5:04-cv-00673

Complaint

EEOC v. Carmike Cinemas Inc

Sept. 16, 2004

Sept. 16, 2004

Complaint
12

5:04-cv-00673

Complaint [of Intervenor Plaintiffs]

EEOC et al v. Carmike Cinemas Inc

Dec. 9, 2004

Dec. 9, 2004

Complaint
28

5:04-cv-00673

Complaint of Alvin Fairey [Plaintiff-Intervenor]

EEOC et al v. Carmike Cinemas Inc

April 19, 2005

April 19, 2005

Complaint
35

5:04-cv-00673

Consent Decree

EEOC et al v. Carmike Cinemas Inc

Sept. 26, 2005

Sept. 26, 2005

Settlement Agreement

EEOC Press Release

EEOC v. Carmike Cinemas Inc

No Court

Sept. 27, 2005

Sept. 27, 2005

Press Release

EEOC Litigation Settlement Report (September 2005)

EEOC v. Carmike Cinemas Inc

No Court

Sept. 30, 2005

Sept. 30, 2005

Press Release

Resources

Docket

Last updated Jan. 24, 2024, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

Complaint filed - USA Plaintiff: Sexual Harrassment under the Civil Rights Act. JURY DEMAND. (js) (Entered: 09/21/2004)

Sept. 16, 2004

Sept. 16, 2004

2

Waiver of Service Returned Executed as to Carmike Cinemas, Inc 9/16/04 Answer due on 11/15/04 for Carmike Cinemas, Inc (js) (Entered: 09/21/2004)

Sept. 16, 2004

Sept. 16, 2004

(js) (Entered: 09/21/2004)

Sept. 16, 2004

Sept. 16, 2004

3

Acknowledgement of service as to Carmike Cinemas, Inc (js) (Entered: 10/02/2004)

Oct. 1, 2004

Oct. 1, 2004

4

Motion by Willie Holley, Paula Holley, Lenora Baxter Dunston, Sam Dunston, Eva Hodge, Derek Hodge, Jacqueline (nmi) Smith, Jonathan Smith Sr., Tanette Brown, Leonard Lewis Jr., Tarvorous Green, David Jeffreys, Matthew Cullingford, Chad Martin to intervene as plaintiffs (js) (Entered: 11/29/2004)

Nov. 4, 2004

Nov. 4, 2004

6

Motion by Willie Holley, Paula Holley, Lenora Baxter Dunston, Sam Dunston, Eva Hodge, Derek Hodge, Jacqueline (nmi) Smith, Jonathan Smith Sr., Tanette Brown for appointment of guardians ad litem (js) (Entered: 11/29/2004)

Nov. 4, 2004

Nov. 4, 2004

7

Notice of attorney appearance for Carmike Cinemas, Inc by Patricia T. Bartis (js) (Entered: 11/29/2004)

Nov. 15, 2004

Nov. 15, 2004

8

Answer to Complaint by Carmike Cinemas, Inc (js) (Entered: 11/29/2004)

Nov. 15, 2004

Nov. 15, 2004

9

Order granting [6-1] motion for appointment of guardians ad litem signed by Dever, MJ. served. (js) (Entered: 11/29/2004)

Nov. 29, 2004

Nov. 29, 2004

10

Order granting [4-1] motion to intervene as plaintiffs. The complaint in intervention is due by 12/13/04. signed by Dever, MJ. served. (js) (Entered: 11/29/2004)

Nov. 29, 2004

Nov. 29, 2004

11

Response by Carmike Cinemas, Inc to [6-1] motion for appointment of guardians ad litem, [4-1] motion to intervene as plaintiffs. cy. to MJ Dever. (js) (Entered: 12/03/2004)

Nov. 29, 2004

Nov. 29, 2004

12

Intervenor's complaint by Plaintiff Internvenors against Carmike Cinemas, Inc. JURY DEMAND. (js) Modified on 12/10/2004 (Entered: 12/10/2004)

Dec. 9, 2004

Dec. 9, 2004

13

Motion by Carmike Cinemas, Inc to extend time to respond to intervenor complaint . w/consent. (js) (Entered: 12/14/2004)

Dec. 14, 2004

Dec. 14, 2004

14

Order granting [13-1] motion to extend time to respond to intervenor complaint, reset answer due for 1/14/05 for Carmike Cinemas, Inc signed by Brooks, Acting Clerk. served. (js) (Entered: 12/15/2004)

Dec. 15, 2004

Dec. 15, 2004

15

Answer by Carmike Cinemas, Inc to [12-1] intervenor complaint (js) (Entered: 01/15/2005)

Jan. 14, 2005

Jan. 14, 2005

16

Motion by Carmike Cinemas, Inc to terminate guardianships ad litem of Jacqueline and Jonathan Smith, Willie and Paula Holley, and Eva and Derek Hodge (js) (Entered: 01/15/2005)

Jan. 14, 2005

Jan. 14, 2005

17

Memorandum by Carmike Cinemas, Inc in support of [16-1] motion to terminate guardianships ad litem of Jacqueline and Jonathan Smith, Willie and Paula Holley, and Eva and Derek Hodge (js) (Entered: 01/15/2005)

Jan. 14, 2005

Jan. 14, 2005

18

Request for Discovery Plan: Discovery Plan due by 3/4/05 (js) (Entered: 01/15/2005)

Jan. 14, 2005

Jan. 14, 2005

19

Response by Willie Holley, Paula Holley, Lenora Baxter Dunston, Sam Dunston, Eva Hodge, Derek Hodge, Jacqueline (nmi) Smith, Jonathan Smith Sr., Tanette Brown, Leonard Lewis Jr., Tarvorous Green, David Jeffreys, Matthew Cullingford, Chad Martin to [16-1] motion to terminate guardianships ad litem of Jacqueline and Jonathan Smith, Willie and Paula Holley, and Eva and Derek Hodge (js) (Entered: 02/10/2005)

Feb. 7, 2005

Feb. 7, 2005

21

Discovery Plan filed by EEOC, Carmike Cinemas, Inc, Willie Holley, Paula Holley, Lenora Baxter Dunston, Sam Dunston, Eva Hodge, Derek Hodge, Jacqueline (nmi) Smith, Jonathan Smith Sr., Tanette Brown, Leonard Lewis Jr., Tarvorous Green, David Jeffreys, Matthew Cullingford, Chad Martin (js) (Entered: 02/28/2005)

Feb. 24, 2005

Feb. 24, 2005

Motion(s) referred: referred [16-1] motion to terminate guardianships ad litem of Jacqueline and Jonathan Smith, Willie and Paula Holley, and Eva and Derek Hodge and discovery plan submitted to USMJ James C. Dever III. (js) (Entered: 02/28/2005)

Feb. 28, 2005

Feb. 28, 2005

22

Order granting [16-1] motion to terminate guardianships ad litem of Jacqueline and Jonathan Smith, Willie and Paula Holley, and Eva and Derek Hodge. JORDAN HOLLEY, JONATHAN SMITH and DEREK HODGE shall be substituted for removed guardians. signed by Dever, MJ. served. (js) (Entered: 03/08/2005)

March 8, 2005

March 8, 2005

23

Order on Scheduling by Magistrate Judge Dever setting Discovery cutoff 1/31/06 Deadline for filing of all motions 3/15/06. served. (js) (Entered: 03/08/2005)

March 8, 2005

March 8, 2005

24

Motion to intervene as plaintiff by Alvin Fairey . w/attach. UNSIGNED PROPOSED AMENDED COMPLAINT IN INTERVENTION. (js) Modified on 03/12/2005 (Entered: 03/12/2005)

March 9, 2005

March 9, 2005

25

Memorandum by Alvin Fairey in support of [24-1] motion to intervene as plaintiff by Alvin Fairey (js) (Entered: 03/12/2005)

March 9, 2005

March 9, 2005

Letter From: Parker Poe Re: not filing a response to motion to intervene. (js) (Entered: 03/27/2005)

March 25, 2005

March 25, 2005

Motion(s) referred: referred [24-1] motion to intervene as plaintiff by Alvin Fairey to USMJ James C. Dever III. (js) (Entered: 03/27/2005)

March 27, 2005

March 27, 2005

26

Order granting [24-1] motion to intervene as plaintiff by Alvin Fairey signed by Dever, MJ. served. (js) (Entered: 03/29/2005)

March 28, 2005

March 28, 2005

Received proposed consent protective order. cy to USMJ Dever (iw) (Entered: 04/12/2005)

April 12, 2005

April 12, 2005

27

Order, for protective order signed by Dever, MJ. served. (js) (Entered: 04/16/2005)

April 15, 2005

April 15, 2005

28

Intervenor's complaint by Alvin Fairey against Carmike Cinemas, Inc. JURY DEMAND. (js) (Entered: 04/20/2005)

April 19, 2005

April 19, 2005

29

Answer to Complaint of Alvin Fairey by Carmike Cinemas, Inc (js) (Entered: 05/06/2005)

May 6, 2005

May 6, 2005

30

Motion by Carmike Cinemas, Inc for judgment on the pleadings as to the Title VII claims of Alvin Fairey (js) (Entered: 05/30/2005)

May 27, 2005

May 27, 2005

32

Memorandum by Alvin Fairey in opposition to [30-1] motion for judgment on the pleadings as to the Title VII claims of Alvin Fairey (iw) (Entered: 06/21/2005)

June 20, 2005

June 20, 2005

33

Memorandum by EEOC in opposition to [30-1] motion for judgment on the pleadings as to the Title VII claims of Alvin Fairey (iw) (Entered: 06/22/2005)

June 20, 2005

June 20, 2005

34

Reply by Carmike Cinemas, Inc to response to [30-1] motion for judgment on the pleadings as to the Title VII claims of Alvin Fairey (js) (Entered: 07/16/2005)

July 8, 2005

July 8, 2005

Informed by counsel that case has settled--letter to Judge Boyle from mediator. left side of file (iw) (Entered: 08/22/2005)

Aug. 2, 2005

Aug. 2, 2005

Motion(s) submitted: [30-1] motion for judgment on the pleadings as to the Title VII claims of Alvin Fairey submitted to J. Boyle (iw) (Entered: 08/10/2005)

Aug. 10, 2005

Aug. 10, 2005

35

Consent Decree - w/in 5 days of this decree the commission and the pltf. intervenors shall file a stipulation of dismissal w/prejudice. signed by Boyle, J. served. (js) (Entered: 09/26/2005)

Sept. 26, 2005

Sept. 26, 2005

36

Stipulation of dismissal of all claims w/prejudice (bb) (Entered: 09/29/2005)

Sept. 28, 2005

Sept. 28, 2005

Case closed non-perm (bb) (Entered: 09/29/2005)

Sept. 28, 2005

Sept. 28, 2005

Receipt: $ 2.00, receipt number 50692 for copies at Wilmington Office. (Deputy Clerk, BRB) (Entered: 11/09/2005)

Nov. 4, 2005

Nov. 4, 2005

Case Details

State / Territory: North Carolina

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

IWPR/Wage Project Consent Decree Study

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 16, 2004

Closing Date: 2008

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

Carmike Cinemas, Inc. (Raleigh), Private Entity/Person

Case Details

Causes of Action:

State law

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: 765000

Order Duration: 2005 - 2008

Content of Injunction:

Expungement of Employment Record

Neutral/Positive Reference

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Monitoring

Issues

General:

Pattern or Practice

Retaliation

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Sex or Gender:

Male

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit