Case: EEOC v. SUBWAY OF ASHEVILLE #7 LLC

1:05-cv-00046 | U.S. District Court for the Western District of North Carolina

Filed Date: Feb. 23, 2005

Closed Date: 2010

Clearinghouse coding complete

Case Summary

In February 2005, the EEOC's Washington, D.C., office filed this suit in the U.S. District Court for the Western District of North Carolina against Subway of Asheville #7, Inc., and four other companies, all engaged in an integrated business enterprise in the City of Asheville, alleging violations of Title VII of the Civil Rights Act of 1964. Specifically, the EEOC alleged that at the defendants' restaurant a number of women were sexually harassed, subjected to a hostile working environment, c…

In February 2005, the EEOC's Washington, D.C., office filed this suit in the U.S. District Court for the Western District of North Carolina against Subway of Asheville #7, Inc., and four other companies, all engaged in an integrated business enterprise in the City of Asheville, alleging violations of Title VII of the Civil Rights Act of 1964. Specifically, the EEOC alleged that at the defendants' restaurant a number of women were sexually harassed, subjected to a hostile working environment, constructively discharged and retaliated against. Five complainants intervened in the EEOC's suit successfully in May and July 2005. In May 2006, the parties submitted a consent decree that was adopted by the court. The decree awarded $140,000 to the various complainants and enjoined the defendants from discriminating or retaliating in the future. The decree also imposed on the defendants the obligations to create an ant-discrimination policy, create training programs and maintain a variety of records concerning complaints of sexual harassment that may be brought to their attention in the future. The decree was to last for four years. The docket sheet doesn't show any further enforcement took place; the case was presumably closed in 2010.

Summary Authors

Tony Friedman (8/16/2007)

Clearinghouse (6/11/2017)

Documents in the Clearinghouse

Document

1:05-cv-00046

Docket [PACER]

EEOC v. Subway of A'ville #7 et al

May 19, 2006

May 19, 2006

Docket
1

1:05-cv-00046

Complaint

EEOC v. Subway of Asheville #7 LLC et al

Feb. 23, 2005

Feb. 23, 2005

Complaint
18

1:05-cv-00046

Complaint in Intervention of Intervenors Melanie Cooper, Crystal Green, Christina Jackson and Danita Powell

EEOC et al v. Subway of Asheville #7 LLC et al

June 8, 2005

June 8, 2005

Complaint
25

1:05-cv-00046

Complaint in Intervention of Intervenor Jennifer Grady

EEOC et al v. Subway of Asheville #7 LLC et al

July 8, 2005

July 8, 2005

Complaint
31

1:05-cv-00046

Consent Decree

EEOC et al v. Subway of Asheville #7 LLC et al

May 19, 2006

May 19, 2006

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5272348/eeoc-v-subway-of-aville-7/

Last updated Feb. 9, 2024, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (ejb) (Entered: 02/28/2005)

Feb. 23, 2005

Feb. 23, 2005

Ntc of Case Assignment Packet & Consent to Trial by Magistrate Form given by Clerk to Pltf's counsel of record (ejb) (Entered: 02/28/2005)

Feb. 23, 2005

Feb. 23, 2005

2

CONSENT/REFUSAL to Magistrate Jurisdiction by EEOC - consent (jhg) (Entered: 03/08/2005)

March 3, 2005

March 3, 2005

3

WAIVER OF SERVICE Returned Executed as to Subway of A'ville #7 3/3/05 Answer due on 5/2/05 for Subway of A'ville #7 (jhg) (Entered: 04/07/2005)

April 5, 2005

April 5, 2005

4

WAIVER OF SERVICE Returned Executed as to Ahmad Ent of NC Inc 3/3/05 Answer due on 5/2/05 for Ahmad Ent of NC Inc (jhg) (Entered: 04/07/2005)

April 5, 2005

April 5, 2005

5

WAIVER OF SERVICE Returned Executed as to Suwan Subway, LLC 3/3/05 Answer due on 5/2/05 for Suwan Subway, LLC (jhg) (Entered: 04/07/2005)

April 5, 2005

April 5, 2005

6

WAIVER OF SERVICE Returned Executed as to Subway of Merrimon 3/3/05 Answer due on 5/2/05 for Subway of Merrimon (jhg) (Entered: 04/07/2005)

April 5, 2005

April 5, 2005

7

WAIVER OF SERVICE Returned Executed as to Subway of Canton Inc 3/3/05 Answer due on 5/2/05 for Subway of Canton Inc (jhg) (Entered: 04/07/2005)

April 5, 2005

April 5, 2005

8

MOTION to Intervene by Melanie Cooper, Crystal Green, Christina Jackson, Danita Powell. Responses due by 5/13/2005 (Gosnell, Joan) (Entered: 05/02/2005)

April 29, 2005

April 29, 2005

9

MEMORANDUM in Support re 8 MOTION to Intervene filed by Melanie Cooper, Crystal Green, Christina Jackson, Danita Powell. (Gosnell, Joan) (Entered: 05/02/2005)

April 29, 2005

April 29, 2005

11

ANSWER to Complaint with Jury Demand by Subway of Asheville #7, LLC, Ahmad Enterprises of North Carolina, Inc., Subway of Canton, Inc., Subway of Merrimon Avenue, Inc., Suwan Subway, LLC.(Gosnell, Joan) (Entered: 05/04/2005)

May 2, 2005

May 2, 2005

12

CONSENT to Jurisdiction by US Magistrate Judge by Subway of Asheville #7, LLC, Ahmad Enterprises of North Carolina, Inc., Subway of Canton, Inc., Subway of Merrimon Avenue, Inc., Suwan Subway, LLC.. (Gosnell, Joan) (Entered: 05/04/2005)

May 2, 2005

May 2, 2005

10

ORDER denying 8 Motion to Intervene . Signed by Judge Dennis Howell on 5/3/05. (Gosnell, Joan)

May 3, 2005

May 3, 2005

RECAP
13

Case Reassigned to Judge Dennis Howell. Judge Lacy Thornburg no longer assigned to the case. (Gosnell, Joan) (Entered: 05/05/2005)

May 4, 2005

May 4, 2005

14

MOTION to Intervene by Melanie Cooper, Crystal Green, Christina Jackson, Danita Powell. Responses due by 5/27/2005 (Gosnell, Joan) (Entered: 05/16/2005)

May 13, 2005

May 13, 2005

15

MEMORANDUM in Support re 14 MOTION to Intervene filed by Melanie Cooper, Crystal Green, Christina Jackson, Danita Powell. (Gosnell, Joan) (Entered: 05/16/2005)

May 13, 2005

May 13, 2005

16

CORRECTED ENTRY #14 MOTION to Intervene by Melanie Cooper, Crystal Green, Christina Jackson, Danita Powell. Responses due by 5/27/2005 (Attachments: # 1)(Gosnell, Joan) (Entered: 05/16/2005)

May 13, 2005

May 13, 2005

17

ORDER granting granting 16 Motion to Intervene . Signed by Judge Dennis Howell on 5/20/05. (Gosnell, Joan)

May 20, 2005

May 20, 2005

RECAP
18

Intervenor COMPLAINT , filed by Melanie Cooper, Crystal Green, Christina Jackson, Danita Powell.(Gosnell, Joan) (Entered: 06/08/2005)

June 8, 2005

June 8, 2005

DEMAND for Trial by Jury by Melanie Cooper, Crystal Green, Christina Jackson, Danita Powell. (Gosnell, Joan) (Entered: 06/08/2005)

June 8, 2005

June 8, 2005

19

CONSENT to Jurisdiction by US Magistrate Judge by Melanie Cooper, Crystal Green, Christina Jackson, Danita Powell.. (Gosnell, Joan) (Entered: 06/08/2005)

June 8, 2005

June 8, 2005

20

ANSWER to Intervenor Complaint by Subway of Asheville #7, LLC, Ahmad Enterprises of North Carolina, Inc., Subway of Canton, Inc., Subway of Merrimon Avenue, Inc., Suwan Subway, LLC.(Barton, Elizabeth) (Entered: 06/24/2005)

June 24, 2005

June 24, 2005

21

MOTION to Intervene by Jennifer Grady. Responses due by 6/28/2005 (Barton, Elizabeth) (Entered: 07/01/2005)

June 28, 2005

June 28, 2005

22

BRIEF in Support re 21 MOTION to Intervene filed by Jennifer Grady. (Barton, Elizabeth) (Entered: 07/01/2005)

June 28, 2005

June 28, 2005

23

ORDER granting 21 Motion to Intervene . Signed by Judge Dennis Howell on 7/5/05. (Barton, Elizabeth)

July 5, 2005

July 5, 2005

RECAP
24

AFFIDAVIT of Service for Complalint in intervention served on EEOC, Subway of Asheville,Ahmad Enterprises of N.C., Inc., Subway of Canton, Subway of Merrimon Avenue and Suwan Subway on 6/15/05, filed by Crystal Green, Christina Jackson, Danita Powell, Jennifer Grady. (Freeman, Phyllis) (Entered: 07/14/2005)

July 7, 2005

July 7, 2005

25

Intervenor COMPLAINT , filed by Jennifer Grady.(Freeman, Phyllis) (Entered: 07/14/2005)

July 8, 2005

July 8, 2005

26

ANSWER to Intervenor Complaint by Subway of Asheville #7, LLC, Ahmad Enterprises of North Carolina, Inc., Subway of Canton, Inc., Subway of Merrimon Avenue, Inc., Suwan Subway, LLC.(Gosnell, Joan) (Entered: 07/28/2005)

July 27, 2005

July 27, 2005

28

CERTIFICATION of initial attorney conference and discovery plan by Melanie Cooper, Crystal Green, Christina Jackson, Danita Powell, Jennifer Grady, Equal Employment Opportunity Commission, Subway of Asheville #7, LLC, Ahmad Enterprises of North Carolina, Inc., Subway of Canton, Inc., Subway of Merrimon Avenue, Inc., Suwan Subway, LLC.(Gosnell, Joan) (Entered: 11/16/2005)

Nov. 8, 2005

Nov. 8, 2005

29

SCHEDULING ORDER: Estimated Trial Time: 5 days Discovery due by 4/28/2006. Motions due by 6/1/2006. Mediation deadline set for 5/15/2006. Jury Trial set to commence during 1st civil trial term beginning on 7/31/2006 10:00 AM in Asheville Courtroom #1, 100 Otis St., Asheville, NC 28801 before Dennis Howell. Signed by Judge Dennis Howell on 11/28/05. (Barton, Elizabeth) (Entered: 11/28/2005)

Nov. 28, 2005

Nov. 28, 2005

30

NOTICE by Equal Employment Opportunity Commission of Filing of Proposed Consent Decree (Attachments: # 1 Proposed Order Consent Decree)(Haden, Kara) (Entered: 05/17/2006)

May 17, 2006

May 17, 2006

31

CONSENT DECREE for plaintiffs against defendants. Signed by Judge Dennis Howell on 5/19/06. (Gosnell, Joan)

May 19, 2006

May 19, 2006

RECAP

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: Feb. 23, 2005

Closing Date: 2010

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

Suwan Subway, LLC (Asheville), Private Entity/Person

Subway of Merrimon Avenue, Inc. (Asheville), Private Entity/Person

Subway of Canton, Inc. (Asheville), Private Entity/Person

Ahmad Enterprises of North Carolina, Inc. (Asheville), Private Entity/Person

Subway of Asheville #7, LLC (Asheville), Private Entity/Person

Case Details

Causes of Action:

State law

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

State Anti-Discrimination Law

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: 140000

Order Duration: 2006 - 2010

Content of Injunction:

Expungement of Employment Record

Neutral/Positive Reference

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Monitoring

Issues

General:

Retaliation

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

Private Party intervened in EEOC suit