Case: EEOC v. MERRILL GARDENS LLC

1:05-cv-00004 | U.S. District Court for the Northern District of Indiana

Filed Date: Jan. 4, 2005

Closed Date: April 6, 2009

Clearinghouse coding complete

Case Summary

This suit was brought by the Indianapolis office of the EEOC in January 2005 in the U.S. District Court for the Northern District of Indiana against Merrill Gardens LLC. The complaint alleged that Merrill Gardens had a pattern or practice of not hiring non-Caucasians, in violation of Title VII of the Civil Rights Act of 1964. The case was consolidated with a private class action lawsuit that had previously been filed by some of the charging parties in the EEOC action (1:04-cv-00248-TLS-RBC). …

This suit was brought by the Indianapolis office of the EEOC in January 2005 in the U.S. District Court for the Northern District of Indiana against Merrill Gardens LLC. The complaint alleged that Merrill Gardens had a pattern or practice of not hiring non-Caucasians, in violation of Title VII of the Civil Rights Act of 1964. The case was consolidated with a private class action lawsuit that had previously been filed by some of the charging parties in the EEOC action (1:04-cv-00248-TLS-RBC). The cases ended with a consent decree entered in the EEOC case October 2005 and a class action settlement subsequently entered in the private case.

The consent decree is in effect for 42 months, though some provisions will cease effect if Merrill Gardens loses ownership of its facility. The consent decree requires Merrill Garden to hire without using race as a basis, and generally not to discriminate or retaliate in violation of Title VII. It requires the defendant to pay a total of $750,000 to known and unknown class members, including $100,000 in attorneys' fees. Additionally, Merrill Gardens must post and distribute a notice of non-discrimination, give non-discrimination training to its employees, keep relevant records, and report to the EEOC. The docket sheet doesn't show any further enforcement took place; the case was presumably closed in 2009.

Summary Authors

Shankar Viswanathan (8/11/2008)

Clearinghouse (6/13/2017)

Related Cases

Hill v. Merrill Gardens LLC, Northern District of Indiana (2004)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4265242/parties/equal-employment-opportunity-commission-v-merrill-gardens-llc/


Judge(s)
Attorney for Plaintiff

Adams, Raechel L. (Indiana)

Anderson, Suzanne M (Indiana)

Bannon, Jeffrey C (Indiana)

Canino, Robert A (Indiana)

Attorney for Defendant

Anderson, Kathleen Marie (Indiana)

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Documents in the Clearinghouse

Document

1:05-cv-00004

Docket (PACER)

Equal Employment Opportunity Commission v. Merrill Gardens LLC

April 12, 2006

April 12, 2006

Docket
1

1:05-cv-00004

Complaint

EEOC v. Merrill Gardens, LLC

Jan. 4, 2005

Jan. 4, 2005

Complaint
11

1:05-cv-00004

Complaint [Amended]

EEOC v. Merrill Gardens, LLC

Feb. 2, 2005

Feb. 2, 2005

Complaint
30

1:05-cv-00004

1:04-cv-00248

Stipulated Order Granting Preliminary Approval to Class Action Settlement, Conditional Class Certification, and Proposed Consent Decree

Hill v. Merrill Gardens

June 8, 2005

June 8, 2005

Order/Opinion

1:05-cv-00004

1:04-cv-00248

Order [Contains Settlement Agreement]

Hill v. Merrill Gardens LLC

June 8, 2005

June 8, 2005

Order/Opinion

1:05-cv-00004

EEOC Press Release

EEOC v. Merrill Gardens LLC

No Court

June 22, 2005

June 22, 2005

Press Release
41

1:05-cv-00004

Entry of Consent Decree

EEOC v. Merrill Gardens, LLC

Oct. 4, 2005

Oct. 4, 2005

Settlement Agreement
72

1:05-cv-00004

1:04-cv-00248

Opinion and Order Granting Final Approval to Class Action Settlement, Entry of Final Judgment, and Entering Consent Decree

Hill v. Merrill Gardens, LLC

Oct. 6, 2005

Oct. 6, 2005

Order/Opinion
44

1:05-cv-00004

1:04-cv-00248

Joint Verified Final Report and Court Approval and Final Order

Hill v. Merrill Gardens LLC

April 12, 2006

April 12, 2006

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4265242/equal-employment-opportunity-commission-v-merrill-gardens-llc/

Last updated Feb. 15, 2024, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with Jury Demand against Merrill Gardens LLC, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(lns, ) (Entered: 01/07/2005)

2 Civil Cover Sheet

View on PACER

Jan. 4, 2005

Jan. 4, 2005

RECAP
2

Summons Issued as to Merrill Gardens LLC (CT Corp Systems). (lns, ) (Entered: 01/07/2005)

Jan. 4, 2005

Jan. 4, 2005

PACER
3

SUMMONS Returned Executed by Equal Employment Opportunity Commission. Merrill Gardens LLC served on 1/10/2005, answer due 1/31/2005. (Bird, Kenneth) (Entered: 01/12/2005)

Jan. 12, 2005

Jan. 12, 2005

PACER
4

NOTICE of Appearance by Kathleen Marie Anderson on behalf of Merrill Gardens LLC (Anderson, Kathleen) (Entered: 02/01/2005)

Feb. 1, 2005

Feb. 1, 2005

PACER
5

AGREED NOTICE to extend time to file answer filed by Merrill Gardens LLC ; answer due by February 22, 2005. (Anderson, Kathleen) (Entered: 02/01/2005)

Feb. 1, 2005

Feb. 1, 2005

PACER
6

NOTICE of Appearance by Tiffany L Gooden on behalf of Merrill Gardens LLC (Gooden, Tiffany) (Entered: 02/01/2005)

Feb. 1, 2005

Feb. 1, 2005

PACER
7

ORDER Rule 16 Preliminary Pretrial Conference set for 3/9/2005 01:00 PM in Fort Wayne before Magistrate Judge Roger B Cosbey.Signed by Judge Roger B Cosbey on 2/1/05. The Court will discuss at the hearing the setting of this case for a setttlement conference with all other cases where Merrill Gardens is the named defendant.(wsy) Additional attachment(s) added on 2/1/2005 (wsy). (Entered: 02/01/2005)

Feb. 1, 2005

Feb. 1, 2005

PACER
8

MAGISTRATE CONSENT FORMS sent to all parties (Standard Track). (wsy) (Entered: 02/01/2005)

Feb. 1, 2005

Feb. 1, 2005

PACER
9

MOTION to Amend/Correct Complaint by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 proposed amended complaint)(Bird, Kenneth) (Entered: 02/02/2005)

2 proposed amended complaint

View on PACER

Feb. 2, 2005

Feb. 2, 2005

PACER
10

ORDER granting 9 Motion to Amend/Correct Complaint filed by Pltf Equal Employment Opportunity Commission. Signed by Judge Roger B Cosbey on 2/2/2005. (lns, ) (Entered: 02/03/2005)

Feb. 2, 2005

Feb. 2, 2005

PACER
11

AMENDED COMPLAINT against Merrill Gardens LLC, filed by Equal Employment Opportunity Commission.(lns, ) (Entered: 02/03/2005)

Feb. 2, 2005

Feb. 2, 2005

PACER
12

CERTIFICATE of Attorney. (Bird, Kenneth) (Entered: 02/10/2005)

Feb. 10, 2005

Feb. 10, 2005

PACER
13

DISCLOSURE of of Corporate Status filed by Merrill Gardens LLC.(Gooden, Tiffany) (Entered: 02/21/2005)

Feb. 21, 2005

Feb. 21, 2005

PACER
14

Defendant's ANSWER to 11 Amended Complaint by Merrill Gardens LLC.(Gooden, Tiffany) Modified text to create link on 2/22/2005 (jcp, ). (Entered: 02/22/2005)

Feb. 22, 2005

Feb. 22, 2005

PACER
15

MOTION for client representative, Michelle Corey, to participate in pretrial conference by telephone by Defendant Merrill Gardens LLC. (Anderson, Kathleen) (Entered: 02/23/2005)

Feb. 23, 2005

Feb. 23, 2005

PACER
16

ORDER granting 15 Motion that Michelle Corely, Dir of Human Resources for Merrill gardens, be allowed to partic in 3/9/05 conf by telephone and to sv as deft rep for purposes of said conf. Signed by Judge Roger B Cosbey on 2/23/05. (lrm, ) (Entered: 02/23/2005)

Feb. 23, 2005

Feb. 23, 2005

PACER
17

CERTIFICATE Attorney-Client Certification regarding disclosure of anticipated fees and expenses. (Anderson, Kathleen) (Entered: 02/24/2005)

Feb. 24, 2005

Feb. 24, 2005

PACER
18

REPORT of Rule 26(f) Planning Meeting. (Bird, Kenneth) (Entered: 03/02/2005)

March 2, 2005

March 2, 2005

PACER
19

Minute Entry for proceedings held before Judge Roger B Cosbey : Settlement Conference held on 3/9/2005. A further settlement conference will be set by separate order. (wsy) (Entered: 03/09/2005)

March 9, 2005

March 9, 2005

PACER
20

Minute Entry for proceedings held before Judge Roger B Cosbey : Preliminary Pretrial Conference held on 3/9/2005. All proceedings are STAYED until further order of the Court with the exception of informal discovery as it relates to settlement. Defendant's response to any outstanding discovery is also stayed, the date to respond, if any, to be reset by further order. Settlement Conference set for 4/18/2005 09:00 AM in Fort Wayne before Magistrate Judge Roger B Cosbey. No further deadlines are established.(Tape #68) (wsy) (Entered: 03/09/2005)

March 9, 2005

March 9, 2005

PACER
21

SCHEDULING ORDER: Settlement Conference set for 4/18/2005 09:00 AM in Fort Wayne before Magistrate Judge Roger B Cosbey.Signed by Judge Roger B Cosbey on 3/9/05. (wsy) (Entered: 03/09/2005)

March 9, 2005

March 9, 2005

PACER
22

NOTICE. Docket entry reporting case resolution deleted/clerical error. (wsy) (Entered: 04/18/2005)

April 18, 2005

April 18, 2005

PACER
23

Minute Entry for proceedings held before Judge Roger B Cosbey : Settlement Conference held on 4/18/2005. No Notice of Settlement will be submitted at this time. (wsy) (Entered: 04/19/2005)

April 18, 2005

April 18, 2005

PACER
24

ORDER Status Conference set for 5/4/2005 08:30 AM in Fort Wayne before Magistrate Judge Roger B Cosbey. Counsel for the EEOC may participate by telephone. No pdf order will follow. (wsy) (Entered: 04/19/2005)

April 19, 2005

April 19, 2005

PACER
25

Minute Entry for proceedings held before Judge Roger B Cosbey : Status Conference held on 5/4/2005. (Tape #70) (wsy) (Entered: 05/04/2005)

May 4, 2005

May 4, 2005

PACER
26

ENTRY FOR JUDGE THERESA L SPRINGMANN re 25 Status Conference. Settlement documents and proposed notices are to be submitted to Judge Springmann by 5/17/2005. Telephonic Status Conference set for 5/20/2005 04:00 PM in Fort Wayne before Judge Theresa L Springmann to be held in conjunction with case 1:04CV248TLS. (jjj) Modified case number on 5/9/2005 (jjj). (Entered: 05/04/2005)

May 4, 2005

May 4, 2005

PACER
27

TELEPHONE STATUS CONFERENCE held on 5/20/2005 before Judge Theresa L Springmann: Status Conference in conjunction with case 1:04CV248TLS regarding preliminary approval of 44 MOTION to Certify Class. Pltf attys Muholland, Bird; Dft atty Anderson present. Court GRANTS Dft oral Motion to Amend Docket to Reflect Dft name Merrill Gardens LLC in case 1:04CV248TLS. Stipulated Order granting Preliminary approval to be submitted by 6/3/2005. Telephonic Status Conference set for 6/3/2005 01:30 PM in Fort Wayne before Judge Theresa L Springmann. IN-PERSON Hearing to be held on 9/9/2005 at 09:00 AM at Fort Wayne before Judge Theresa L Springmann re objections/final approval. (Court Reporter T. Gallucci.) (jjj) (Entered: 05/26/2005)

May 20, 2005

May 20, 2005

PACER
28

ENTRY FOR JUDGE THERESA L SPRINGMANN. Telephonic Status Conference RESET (in conjunction with cause 1:04CV248) for 6/8/2005 01:30 PM in Fort Wayne before Judge Theresa L Springmann at request and agreement of counsel to review revised documents. (jjj) (Entered: 06/06/2005)

June 3, 2005

June 3, 2005

PACER
29

TELEPHONE STATUS CONFERENCE held on 6/8/2005 before Judge Theresa L Springmann in conjunction with cause 1:04CV248TLS). Pltf attys Mulholland, Menzie, Bird, Intern Sherman; Dft attys Anderson, Intern Brackey present. Court GRANTS 48 Joint STIPULATION for Addition of Additional Plaintiff filed by William Anthony Hill, Elizabeth A Worthman, Merrill Gardens LLC from cause 1:04CV248TLS. Court to grant Stipulated Order for preliminary approval re class action upon receipt. (Court Reporter T. Gallucci.) (jjj) (Entered: 06/08/2005)

June 8, 2005

June 8, 2005

PACER
30

STIPULATION /Stipulated Order Granting Preliminary Approval to Class Action Settlement, Conditional Class Certification, and Proposed Consent Decree by Defendant Merrill Gardens LLC. (Attachments: # 1 Exhibit A-1 to A-3# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E)(Anderson, Kathleen) (Entered: 06/08/2005)

2 Exhibit A-1 to A-3

View on PACER

3 Exhibit B

View on PACER

4 Exhibit C

View on PACER

5 Exhibit D

View on PACER

6 Exhibit E

View on PACER

June 8, 2005

June 8, 2005

PACER
31

ORDER granting 30 Stipulation/Stipulated Order Granting Preliminary Approval to Class Action Settlement, Conditional Class Certification, and Proposed Consent Decree by Defendant Merrill Gardens LLC . Signed by Judge Theresa L Springmann on 6/16/2005. (lns, ) (Entered: 06/20/2005)

June 16, 2005

June 16, 2005

PACER
32

AFFIDAVIT of Cindy L. Harrison by Merrill Gardens LLC. (Attachments: # 1 Exhibit A-F)(Anderson, Kathleen) (Entered: 09/01/2005)

2 Exhibit A-F

View on PACER

Sept. 1, 2005

Sept. 1, 2005

PACER
33

NOTICE by Equal Employment Opportunity Commission of Determination of Class Members (Bird, Kenneth) (Entered: 09/01/2005)

Sept. 1, 2005

Sept. 1, 2005

PACER
34

ENTRY FOR JUDGE THERESA L SPRINGMANN. Telephonic Status Conference set for 9/8/2005 11:00 AM in Fort Wayne before Judge Theresa L Springmann re 9/9/2005 Hearing.(jjj) (Entered: 09/07/2005)

Sept. 7, 2005

Sept. 7, 2005

PACER
35

TELEPHONE STATUS CONFERENCE held before Judge Theresa L Springmann. Pltfs' attys Mullholland, Bird; Dft attys Anderson Gooden present. Court reviews pre-hearing conference proceedings and issues. (Court Reporter T. Gallucci.) (jjj) (Entered: 09/13/2005)

Sept. 8, 2005

Sept. 8, 2005

PACER
36

FAIRNESS HEARING held before Judge Theresa L Springmann on 9/9/2005; pltfs by Atty J. Menzie, Atty S. Mulholland, Atty K. Bird, Atty M. Eisele, EEOC rep M. Guest, unnamed class rep G. Bailey; defts by Atty K. Anderson, Atty T. Gooden, and party reps D. Manning and B. Bowman; court hears testimony from parties having filed objections to proposed class settlement/non-inclusion in class; court calls for testimony of objectors A. Smith, L. Brooks, A. Fowler, R. Hughes, E. Portee, but those individuals are not present; court will consider the written submissions of those parties; EEOC presents evidence; court hears from G. Bailey obo the Unknown Class; court hears from S. Mulholland obo W. Hill, representative of named class, obo named class; court grants final approval of S. Mulholland and J. Menzie to act as class counsel; class counsel request that G. Bailey as rep of unknow class be compensated; cnsl to confer re that possibility; matter of final approval of proposed class settlement TAKEN UNDER ADVISEMENT; counsel to submit revised form of final order of approval; time frame for this submission to be addressed at a TELE CONF set for 9/12/05, 2:00 p.m. before Judge Theresa L Springmann. (Court Reporter Tina Gallucci.) (Entered: 09/13/2005)

Sept. 9, 2005

Sept. 9, 2005

PACER
37

TELEPHONE STATUS CONFERENCE held before Judge Theresa L Springmann. Pltfs' attys Mulholland, Bird; Dft atty Anderson present. Court to receive proposed order by 9/15/2005 12:00 PM. Final Briefing of general issues by 9/22/2005. (Court Reporter T. Gallucci.) (jjj) (Entered: 09/13/2005)

Sept. 12, 2005

Sept. 12, 2005

PACER
38

ENTRY FOR JUDGE THERESA L SPRINGMANN - Telephone Conference set for 9/23/2005 09:45 AM in Fort Wayne before Judge Theresa L Springmann re notification. (jjj) (Entered: 09/23/2005)

Sept. 23, 2005

Sept. 23, 2005

PACER
39

TELEPHONE CONFERENCE held before Judge Theresa L Springmann. Pltfs' attys Menzie, Bird; Dft attys Anderson, Gooden present. Cnsl advised Court as to notification issues. Pltf to mail notification by 9/23/2005 COB with response ddl. Recipient Response to be filed by 9/29/2005. Court to receive notice of status by 9/30/2005. (Court Reporter T. Galucci.) (jjj) (Entered: 09/23/2005)

Sept. 23, 2005

Sept. 23, 2005

PACER
40

NOTICE by Equal Employment Opportunity Commission Tender of Declaration of Monica Guest, and Response to Objection of Roszetta Clark (Attachments: # 1 Exhibit 1: Objection of Roszetta Clark# 2 Exhibit 2: Declaration of Monica Guest)(Bird, Kenneth) Additional attachment(s) added on 10/4/2005 (lns, ). (Entered: 09/29/2005)

3 Exhibit 2: Declaration of Monica Guest

View on PACER

4 Exhibit 1: Objection of Roszetta Clark

View on PACER

Sept. 29, 2005

Sept. 29, 2005

PACER
41

ENTRY OF CONSENT DECREE. Signed by Judge Theresa L Springmann on 10/4/2005. (lns) (Entered: 10/06/2005)

Oct. 4, 2005

Oct. 4, 2005

PACER
42

OPINION AND ORDER granting Final Approval to Class Action Settlement, Entry of Final Judgment, and Entering Consent Decree. Signed by Judge Theresa L Springmann on 10/6/2005. (lns) (Entered: 10/06/2005)

Oct. 6, 2005

Oct. 6, 2005

RECAP
43

Joint MOTION Final Report and Request for Approval by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A - Schedule of payments)(Bird, Kenneth) (Entered: 04/11/2006)

2 Exhibit A - Schedule of payments

View on PACER

April 11, 2006

April 11, 2006

PACER
44

COURT APPROVAL AND FINAL ORDER granting 43 Joint Motion for Final Report and Request for Approval by Equal Employment Opportunity Commission. Signed by Judge Theresa L Springmann on 4/12/2006. (lns) (Entered: 04/12/2006)

April 12, 2006

April 12, 2006

PACER

Case Details

State / Territory: Indiana

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 4, 2005

Closing Date: April 6, 2009

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: Yes

Class Action Outcome: Granted

Defendants

Merrill Gardens LLC (Fort Wayne, IN), Private Entity/Person

Merrill Gardens LLC (Fort Wayne, IN), Private Entity/Person

Case Details

Causes of Action:

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: 750000

Order Duration: 2005 - 2009

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Utilize objective hiring/promotion criteria

Follow recruitment, hiring, or promotion protocols

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Recordkeeping

Monitoring

Issues

General:

Pattern or Practice

Discrimination-area:

Disparate Treatment

Hiring

Discrimination-basis:

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits