Case: EEOC v. H&H HOLDING COMPANY

EEOC v. H&H Holding Company, et al

EEOC v. H&H Holding Company, Inc.

Carly Knight, Frank Dobbin, Alexandra Kalev

Complaint filed JURY TRIAL DEMANDED (fdc) (Entered: 03/11/1997)

(fdc) (Entered: 03/11/1997)

Amended complaint by EEOC , adding addn'l allegations re discrimination :amends [1-1] complaint (st) (Entered: 03/20/1997)

Waiver of Service Returned Executed as to Elizabeth Hicks 4/3/97 Answer due on 6/2/97 for Elizabeth Hicks (fdc) (Entered: 04/29/1997)

Motion to intervene by Billy Joe Smith with attached proposed intervenor-pltf complaint (fdc) (Entered: 04/30/1997)

Motion to intervene by Harold Lewis with proposed intervenor-pltf complaint attached (fdc) (Entered: 04/30/1997)

Motion to intervene by Charles R. Koos Jr. with proposed intervenor-pltf complaint attached (fdc) (Entered: 04/30/1997)

Motion to intervene by Andre Steward with proposed intervenor-pltf complaint attached (fdc) (Entered: 04/30/1997)

Motion to intervene by Patsy M. Quesinberry with proposed intervenor- pltf complaint attached (fdc) (Entered: 04/30/1997)

Motion to intervene by John David Capps with proposed intervenor-pltf complaint attached (fdc) (Entered: 04/30/1997)

Motion to intervene by Barry Mangum with proposed intervenor-pltf complaint attached (fdc) (Entered: 04/30/1997)

Motion to intervene by Tyrone Copeland with proposed intervenor-pltf complaint attached (fdc) (Entered: 04/30/1997)

Motion to intervene by Jon Paul Soderena with proposed intervenor-pltf complaint attached (fdc) (Entered: 04/30/1997)

Memorandum by Billy Joe Smith in support of [4-1] motion to intervene by Billy Joe Smith (fdc) (Entered: 05/07/1997)

Memorandum by Harold Lewis in support of [5-1] motion to intervene by Harold Lewis (fdc) (Entered: 05/07/1997)

Memorandum by Charles R. Koos Jr. in support of [6-1] motion to intervene by Charles R. Koos Jr. (fdc) (Entered: 05/07/1997)

Memorandum by Andre Steward in support of [7-1] motion to intervene by Andre Steward (fdc) (Entered: 05/07/1997)

Memorandum by Patsy M. Quesinberry in support of [8-1] motion to intervene by Patsy M. Quesinberry (fdc) (Entered: 05/07/1997)

Memorandum by John David Capps in support of [9-1] motion to intervene by John David Capps (fdc) (Entered: 05/07/1997)

Memorandum by Barry Mangum in support of [10-1] motion to intervene by Barry Mangum (fdc) (Entered: 05/07/1997)

Memorandum by Tyrone Copeland in support of [11-1] motion to intervene by Tyrone Copeland (fdc) (Entered: 05/07/1997)

Memorandum by Jon Paul Soderena in support of [12-1] motion to intervene by Jon Paul Soderena (fdc) (Entered: 05/07/1997)

Waiver of Service Returned Executed as to Bert Hoffman 4/16/97 Answer due on 6/16/97 for Bert Hoffman (fdc) (Entered: 05/09/1997)

Waiver of Service Returned Executed as to H&H Holding Company, 4/30/97 Answer due on 6/30/97 for H&H Holding Company, (fdc) (Entered: 05/09/1997)

Received from Counsel for pltf a letter with a copy of a waiver of service for Elizabeth Hicks and an original for Bert Hoffman and one for H&H Holding Company. The court had already received the original of the waiver of service for Ms. Hicks (found at docket entry [3-1]) making her answer due by 6/23/97. The court, however, had not received one for Mr. Hoffman or for H&H Holding Company. (fdc) Modified on 05/09/1997 (Entered: 05/09/1997)

Response by H&H Holding Company, Bert Hoffman, Elizabeth Hicks to [12-1] motion to intervene by Jon Paul Soderena, [11-1] motion to intervene by Tyrone Copeland, [10-1] motion to intervene by Barry Mangum, [9-1] motion to intervene by John David Capps, [8-1] motion to intervene by Patsy M. Quesinberry, [7-1] motion to intervene by Andre Steward, [6-1] motion to intervene by Charles R. Koos Jr., [5-1] motion to intervene by Harold Lewis, [4-1] motion to intervene by Billy Joe Smith (fdc) (Entered: 05/27/1997)

Motion(s) submitted: [12-1] motion to intervene by Jon Paul Soderena submitted, [11-1] motion to intervene by Tyrone Copeland submitted, [10-1] motion to intervene by Barry Mangum submitted, [9-1] motion to intervene by John David Capps submitted, [8-1] motion to intervene by Patsy M. Quesinberry submitted, [7-1] motion to intervene by Andre Steward submitted, [6-1] motion to intervene by Charles R. Koos Jr. submitted, [5-1] motion to intervene by Harold Lewis submitted, [4-1] motion to intervene by Billy Joe Smith submitted to Judge James C. Fox with case files 1&2. (fdc) (Entered: 05/27/1997)

CASE FILE RETURNED from: Judge James C. Fox (fdc) (Entered: 05/28/1997)

Order granting [12-1] motion to intervene by Jon Paul Soderena, granting [11-1] motion to intervene by Tyrone Copeland, granting [10-1] motion to intervene by Barry Mangum, granting [9-1] motion to intervene by John David Capps, granting [8-1] motion to intervene by Patsy M. Quesinberry, granting [7-1] motion to intervene by Andre Steward, granting [6-1] motion to intervene by Charles R. Koos Jr., granting [5-1] motion to intervene by Harold Lewis, granting [4-1] motion to intervene by Billy Joe Smith signed by Judge James C. Fox. OB Ref: FOXOB#10, pg. 90, cc:counsel. (fdc) (Entered: 05/28/1997)

Answer to Complaint by Bert Hoffman (fdc) (Entered: 05/30/1997)

Answer to Complaint by Elizabeth Hicks (fdc) (Entered: 06/02/1997)

Answer to Complaint by H&H Holding Company, (fdc) (Entered: 06/03/1997)

Request for Discovery Plan: Discovery Plan due by 6/23/97 (fdc) (Entered: 06/03/1997)

Discovery Plan filed by EEOC, Billy Joe Smith, Harold Lewis, Charles R. Koos Jr., Andre Steward, Patsy M. Quesinberry, John David Capps, Barry Mangum, Tyrone Copeland, Jon Paul Soderena (fdc) (Entered: 06/23/1997)

Discovery Plan filed by H&H Holding Company, Bert Hoffman, Elizabeth Hicks (fdc) (Entered: 06/23/1997)

Case submitted to: USMJ William N. Mason [31-1] discovery submitted, [30-1] discovery submitted for a scheduling order (sent case files 1&2) (fdc) (Entered: 06/24/1997)

CASE FILE RETURNED from: USMJ William N. Mason (fdc) (Entered: 07/08/1997)

Discovery hearing set at 2:30PM on 7/23/97 before USMJ William N. Mason in Courtroom Number 1, in Wilmington, NC. CC:counsel, USMJ Mason, S. Thornton, Cookie Wells, Raleigh Div., Southern Div., USMS Raleigh & Wilmington, CSO-Wilmington. (fdc) (Entered: 06/27/1997)

Discovery hearing reset at 2:30PM on 7/21/97 before USMJ William N. Mason in Wilmington, NC, in courtroom number 2. CC:counsel, S. Thornton, Carol Morgan, Raleigh Div. Office, Southern Div. Office, USMS Raleigh & Wilmington, CSO & USMJ Mason. (fdc) (Entered: 07/08/1997)

Case submitted to: USMJ Mason [0-0] discovery hearing being held on 7/21/97 (se) (Entered: 07/18/1997)

Discovery hearing held in Wilmington, NC before USMJ William N. Mason in Courtroom Number 2. All parties and counsel were present. Law Clerk:Michelle Fraser. Scheduling Order to follow. (se) (Entered: 07/21/1997)

CASE FILE RETURNED from: USMJ William N. Mason (se) (Entered: 07/24/1997)

Order on Scheduling by Magistrate William N. Mason setting Discovery cutoff 3/31/98 Deadline for filing of all motions 4/30/98 Expert Witness List due on 11/3/97 by pltfs and on 12/2/97 by defts, Jury Trial scheduled for 9/28/98 before Judge James C. Fox Place: Wilmington, NC No. of Interrogs. 60, cc:counsel, S. Thornton, Cookie Wells, Cathy Wells. (se) (Entered: 07/24/1997)

Motion by Douglas L. Sanders to intervene by Douglas L. Sanders with proposed complaint attached. (se) (Entered: 08/18/1997)

Memorandum by Douglas L. Sanders in support of [33-1] motion to intervene by Douglas L. Sanders (se) (Entered: 08/18/1997)

Motion by Douglas McCoy to intervene by Douglas McCoy with the complaint attached. (se) (Entered: 08/18/1997)

Memorandum by Douglas McCoy in support of [35-1] motion to intervene by Douglas McCoy (se) (Entered: 08/18/1997)

Response by Bert Hoffman to [35-1] motion to intervene by Douglas McCoy, [33-1] motion to intervene by Douglas L. Sanders (se) (Entered: 08/25/1997)

Response by H&H Holding Company, to [35-1] motion to intervene by Douglas McCoy, [33-1] motion to intervene by Douglas L. Sanders (se) (Entered: 09/02/1997)

Motion(s) submitted: [35-1] motion to intervene by Douglas McCoy submitted, [33-1] motion to intervene by Douglas L. Sanders submitted with the case files to Judge James C. Fox. (se) (Entered: 09/16/1997)

CASE FILE RETURNED from: Judge James C. Fox (se) (Entered: 09/18/1997)

Order granting [35-1] motion to intervene by Douglas McCoy, granting [33-1] motion to intervene by Douglas L. Sanders signed by Judge James C. Fox. OB Ref: FOXOB#11, pg. 77, cc:counsel. (se) (Entered: 09/18/1997)

Intervenor's complaint by Douglas McCoy against H&H Holding Company, Bert Hoffman, Elizabeth Hicks (cc:copy of page 1 to counsel) (se) (Entered: 09/18/1997)

Intervenor's complaint by Douglas L. Sanders against H&H Holding Company, Bert Hoffman, Elizabeth Hicks (cc: page 1 for counsel) (se) (Entered: 09/18/1997)

Issued Notice of Hearing: set status conference before USMJ William N. Mason for 10:00AM on 10/20/97 in Wilmington, NC in courtroom number 3 cc:counsel, S. Thornton, C. Morgan, Raleigh & Wilmington Div. Office, USMS Raleigh & Wilmington, CSO, Court Reporter, Deputy Clerk (se) Modified on 10/03/1997 (Entered: 10/03/1997)

Received phone call from USMJ Mason's chambers...this case has settled and the status conference set for 10/20/97 has now been cancelled. Phoned Carol Morgan and Court Reporter and informed them. The parties have until 10/27/97 to file the settlement paperwork. (se) (Entered: 10/16/1997)

Spoke with counsel for Bert Hoffman for status of settlement paperwork. Was advised that a consent decree is in process but that they are having problems obtaining a signature from deft. Hicks. Counsel hopes to have all parties meet by 1/16/98 and have this resolved. They will advise this office by then. (se) (Entered: 01/13/1998)

Received a phone call from Brian Bishop asking if the court had received a letter from deft. Elizabeth Hicks in regards to her firing her attorney. I informed him that we had not. He then faxed to me a copy of what he received and a letter stating to the court how he obtained it. Will forward the information to Judge Fox and Judge Mason. (se) (Entered: 01/22/1998)

Case submitted to: Judge James C. Fox [0-0] remark submitted for review. (se) (Entered: 01/22/1998)

CASE FILE RETURNED from: Judge James C. Fox (se) (Entered: 01/23/1998)

Motion by Bert Hoffman for status conference with consent by all parties except for intervening pltfs; counsel left a message for Charles Tighe, counsel for intervening pltfs. (se) (Entered: 01/26/1998)

Motion(s) submitted: [42-1] motion for status conference submitted Judge James C. Fox (se) (Entered: 01/26/1998)

CASE FILE RETURNED from: Judge James C. Fox (se) (Entered: 01/27/1998)

Status conference set at 11:00 a.m. on 2/2/98 before USMJ William N. Mason in Wilmington, NC, courtroom number 3; notice sent to USMJ Mason, Judge Fox, counsel, S. Thornton, C. Morgan, Raleigh & Southern Div. office, USMS Raleigh & Wilmington, CSO, Court Reporter, Courtroom Deputy & GSA (se) (Entered: 01/28/1998)

Case submitted to: USMJ William N. Mason upcoming status conference on 2/2/98 in Courtroom No. 3 (se) (Entered: 01/28/1998)

Status conference held before USMJ William N. Mason. Court Reporter: Jim Palmer, Courtroom Deputy: Susan Enyart. All the parties were in attendance for a status update on this case. Counsel for Mr. Hoffman informed the court about the proposed settlement which was the reason for no discovery in this case. All the parties were in agreement on settlement accept for Ms. Hicks. The court also addressed Mr. Hearne on his understanding as counsel for Ms. Hicks. He wishes to witdraw due to many differences between counsel and Ms. Hicks. The court allowed him to withdraw but still wants a formal motion. Ms. Hicks has until 2/20/98 to inform the court who her new counsel will be. Ms. Hicks is to also provide the court with a correct address wherein she receives mail. Counsel for Mr. Hoffman asked the court for an extension in the discovery deadlines. The court will extend the discovery deadline to 5/1/98 and motion filing deadline to 6/1/98. The trial date is not changed. An order to follow. (se) (Entered: 02/02/1998)

Motion in open court, for J.C. Hearne to withdraw as attorney a formal motion in writing is forthcoming and ordered by the court to produce (se) (Entered: 02/03/1998)

Oral Order granting [0-0] motion for J.C. Hearne to withdraw as attorney (Terminated attorney Joseph C. Hearne for Elizabeth Hicks Entered by USMJ William N. Mason. Elizabeth Hicks is directed to have new counsel file a notice of appearance in this matter or advise the court if she intends to proceed pro se on or before 2/20/98. (se) Modified on 02/03/1998 (Entered: 02/03/1998)

CASE FILE RETURNED from: USMJ William N. Mason (se) (Entered: 02/03/1998)

Amended Order on Scheduling by Magistrate William N. Mason setting Discovery cutoff 5/1/98 Deadline for filing of all motions 6/1/98 before Judge James C. Fox Place: Wilmington, NC; this case remains calendared for Judge Fox's terms of court beginning 9/28/98. Defendant Elizabeth Hicks is directed to have new counsel file a notice of appearance in this matter or advise the court if she intendsa to proceed pro se on or before 2/20/98. CC:counsel & E. Hicks. (se) (Entered: 02/03/1998)

Motion by Elizabeth Hicks for J.C. Hearne and Stephen Lore (out of state counsel) to withdraw as her attorney with a proposed order (the court was aware of this motion during the status conference) (se) Modified on 02/10/1998 (Entered: 02/10/1998)

Motion(s) referred: referred [44-1] motion for J.C. Hearne and Stephen Lore (out of state counsel) to withdraw as her attorney to USMJ William N. Mason (se) (Entered: 02/10/1998)

Order granting [44-1] motion for J.C. Hearne and Stephen Lore (out of state counsel) to withdraw as her attorney (Terminated J.C. Hearne) signed by USMJ William N. Mason. CC:counsel, & E. Hicks. (se) (Entered: 02/13/1998)

Response by defendant Elizabeth Hicks to [43-1] Scheduling order (se) (Entered: 02/20/1998)

Transcript Filed - regarding hearing on February 2, 1998 before Magistrate William N. Mason Court Reporter - Jim Palmer (se) (Entered: 02/23/1998)

Received a phone call from counsel for the pltf informing the court that they have a signed consent decree from ALL parties and is forwarding it to our office today, for Judge Fox to consider. (se) (Entered: 03/17/1998)

Received the consent decree in this case signed by the parties. Will submit to Judge Fox for review and consideration. (se) (Entered: 03/23/1998)

Case submitted to: Judge James C. Fox [0-0] remark submitted with proposed consent decree for his review and consideration. (se) (Entered: 03/23/1998)

CASE FILE RETURNED from: Judge James C. Fox (se) (Entered: 03/26/1998)

Affidavit by Elizabeth Hicks Re: [47-1] order regarding decree; this order shall be filed and shall remain UNDER SEAL until such time as this case finally is closed, [47-2] relief, this affidavit is in response to the court's order. Attached to the affidavit is the revised signature pages. PER THE COURT'S ORDER OF 4/9/98, THIS DOCUMENT IS NOW LOCATED WITH THE PROPOSED CONSENT DECREE AND MADE A PART OF THAT DOCUMENT. SEE COURT'S ORDER AT [50-1]. (se) Modified on 04/10/1998 (Entered: 04/09/1998)

Case submitted to: Judge James C. Fox [48-1] affidavit submitted for review. Have included the sealed documents for the court to review and consider. (se) (Entered: 04/09/1998)

CASE FILE RETURNED from: Judge James C. Fox (se) (Entered: 04/10/1998)

Order, it hereby is ORDERED that by the terms thereof, the 4/8/98 "Affidavit of deft. Elizabeth Hicks" is attached to and made a part of the parties' proposed Consent Decree which was submitted for the court's perusal and signature on 3/23/98 signed by Judge James C. fox. OB Ref: FOXOB#12, pg. 214, cc:counsel & deft. Hicks. (se) (Entered: 04/10/1998)

Order provisionally approving consent decree notice shall be give of this provisionally approved consent decree by the Commission, at its expense, to all employees whose whereabouts are known to the Commission, who were employed by defts on or before 7/20/98 in the form attached and incorporated as exhibit B to the consent decree; any objections to final approval of the decree shall be filed in writing with the Clerk of Court on or before 8/10/98. The Commission shall notify the court on or before 8/14/98 whether & how many objections have been timely filed. A final hearing on the approval of the Consent Decree will be conducted by the court on 8/28/98 at 3:00 p.m. in Courtroom 1. It is further ordered that the court's 3/26/98 order is unsealed effective immediately; signed by Judge James C. Fox. OB Ref: FOXOB#12, pg. 215, cc:counsel & deft. Hicks. (se) (Entered: 04/10/1998)

Issued Notice of Hearing: on Approval of Consent Decree cc:counsel, E. Hicks, Judge Fox, S. Thornton, C. Morgan, Raleigh & Southern Div. Office, Court Reporter, Courtroom Deputy, USMS Raleigh & Wilm., CSO & GSA. The hearing is set for 8/28/98 @ 3:00 p.m. in Courtroom Number 1. (se) (Entered: 04/10/1998)

Received back in the mail the certified copies of the court's orders of 4/9/98 that were sent to deft. Elizabeth Hicks with a note "no such number" on the envelope. Address to which the orders were sent is the address as represented by the defendant to the court. The court, thereby has no further information as to an alternate addressed to forward her mail to at this time. Will forward the case to Judge Fox. (se) Modified on 04/23/1998 (Entered: 04/23/1998)

Case submitted to: Judge James C. Fox [0-0] remark submitted for review (se) Modified on 04/23/1998 (Entered: 04/23/1998)

CASE FILE RETURNED from: Judge James C. Fox (se) (Entered: 04/24/1998)

Motion by EEOC to extend time for filing pltf's proposed distribution list with consent from everyone accept E. Hicks and a proposed order (se) (Entered: 06/26/1998)

Affidavit by EEOC, (Counsel) Re: [51-1] motion to extend time for filing pltf's proposed distribution list (se) (Entered: 06/26/1998)

Motion(s) submitted: [51-1] motion to extend time for filing pltf's proposed distribution list submitted to Judge James C. Fox (se) (Entered: 06/26/1998)

CASE FILE RETURNED from: Judge James C. Fox (se) (Entered: 06/30/1998)

Order granting [51-1] motion to extend time for filing pltf's proposed distribution list signed by Judge James C. Fox. OB Ref: FOXOB#13, pg. 144, cc:counsel & Ms. Hicks. (se) (Entered: 06/30/1998)

Order provisionally approving proposed distribution list signed by Judge James C. Fox. OB Ref: FOXOB#13, pg. 145, cc:counsel & Ms. Hicks. (se) (Entered: 06/30/1998)

Letter From: Ed Singletary, Esq. pursuant to Paragraph 6e of the Consent Decree; copy of the Commission's 7/8/98 letter to Vincent J. Perino. Mr. Perino is to be part of the distribution list. (se) (Entered: 07/15/1998)

Received from Lisa L. Poff, former employee of Azalea Inn, letter in regards to what she received from the EEOC ref:settlment. A copy of this letter went to G. Rountree, W. Singletary & M. Weinstein. This is located in a separate file folder. (se) Modified on 08/17/1998 (Entered: 07/30/1998)

Received from Albert Leon Brown his claim form. He will forward a copy to EEOC as well. This is located in a separate file folder. (se) Modified on 08/17/1998 (Entered: 08/05/1998)

Document filed by plaintiff EEOC titled: Claim Form for John T. Lochbittler. This document is attached in a separate file with this case. (se) Modified on 08/17/1998 (Entered: 08/11/1998)

Received objections to the settlement in this case from Yvonia E. Lewis, John Galbraith and Eula Mae Hamilton. This is located in a separate file folder. (se) Modified on 08/17/1998 (Entered: 08/11/1998)

Case submitted to: Judge James C. Fox for review of claims and objections filed to the settlement by various parties in this case (claimants). (Refer to court's orders at [54-1] and [50-1]) (se) Modified on 08/11/1998 (Entered: 08/11/1998)