Case: EEOC v. Highland Manufacturing

0:02-cv-00898 | U.S. District Court for the District of Minnesota

Filed Date: April 29, 2002

Closed Date: March 4, 2006

Clearinghouse coding complete

Case Summary

In April 2002, the Milwaukee and Charlotte offices of the EEOC brought this suit against Highland Manufacturing, Inc. in the U.S. District Court for the District of Minnesota. The complaint is unavailable, but court documents state that the EEOC alleged that the defendant violated Title VII by discriminating against African-Americans, Hispanics, and women. In August 2002, defendant Highland filed a Third-Party Complaint alleging constitutional claims against the Milwaukee District Director of …

In April 2002, the Milwaukee and Charlotte offices of the EEOC brought this suit against Highland Manufacturing, Inc. in the U.S. District Court for the District of Minnesota. The complaint is unavailable, but court documents state that the EEOC alleged that the defendant violated Title VII by discriminating against African-Americans, Hispanics, and women. In August 2002, defendant Highland filed a Third-Party Complaint alleging constitutional claims against the Milwaukee District Director of the EEOC and three EEOC Investigators. The EEOC filed a motion to dismiss, which was granted, and the defendant's complaint was dismissed. Additionally, a private plaintiff intervened in November 2002.

The case was settled by the entry of a consent decree in March 2003. The consent decree awarded thirteen individual complainants monetary relief. The defendant was required to provide training on harassment on the basis of sex, race, and national origin for all employees and to make semi-annual reports to the EEOC on allegations of harassment.

Summary Authors

Kevin Wilemon (10/1/2007)

Documents in the Clearinghouse

Document

0:02-cv-00898

Docket (PACER)

April 4, 2003

April 4, 2003

Docket
31

0:02-cv-00898

Order

Nov. 6, 2002

Nov. 6, 2002

Order/Opinion

2002 WL 2002

40

0:02-cv-00898

Consent Decree

March 4, 2003

March 4, 2003

Settlement Agreement
41

0:02-cv-00898

Stipulation and Order to Distribute Funds

March 17, 2003

March 17, 2003

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4294926/eeoc-v-highland-mfg-inc/

Last updated April 6, 2024, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT - Summons issued. Assigned to Judge Joan E. Lancaster per Civil Rights List and referred to Chief Mag. Judge Jonathan G. Lebedoff 6pg(s) (SJH) (Entered: 04/30/2002)

April 29, 2002

April 29, 2002

PACER
2

PETITION AND ORDER for admission pro hac vice ( Clerk Richard D. Sletten ) on behalf of plaintiff by Jean P. Kamp. 1 pg(s) (VEM) (Entered: 05/06/2002)

May 6, 2002

May 6, 2002

PACER
3

ORIGINAL SUMMONS AND RETURN OF SERVICE executed upon defendant Highland Mfg Inc on 5/3/02 2pg(s) (DFL) (Entered: 05/13/2002)

May 10, 2002

May 10, 2002

PACER
4

ANSWER by Highland Mfg Inc and THIRD PARTY COMPLAINT against Chester Bailey, Ronald Adams, John Mendivil and Theresa Kerns 11pg(s) (DFL) (Entered: 05/28/2002)

May 23, 2002

May 23, 2002

PACER
5

ORIGINAL THIRD PARTY SUMMONS AND RETURNS OF SERVICE executed third-party defendants 5/28/02 and 5/29/02, by certified mail on U.S. Attorney's office on 5/24/02 and by certified mail on U.s. Attorney General on5/24/02 7pg(s) (DFL) (Entered: 06/17/2002)

June 12, 2002

June 12, 2002

PACER
6

MOTION by third-party defendant to extend time to respond to third party complaint to and including 8/12/02 ( to Chief Mag. Judge Jonathan G. Lebedoff ) 4pg(s) (DFL) (Entered: 07/23/2002)

July 18, 2002

July 18, 2002

PACER
7

MEMORANDUM by third-party defendants in support of motion to extend time to respond to third party complaint to and including 8/12/02 [6-1] 21pg(s) (DFL) (Entered: 07/23/2002)

July 18, 2002

July 18, 2002

PACER
8

AFFIDAVIT of Lonnie Bryan regarding motion to extend time to respond to third party complaint to and including 8/12/02 [6-1] 2pg(s) (DFL) (Entered: 07/23/2002)

July 18, 2002

July 18, 2002

PACER
9

ORDER ( Chief Mag. Judge Jonathan G. Lebedoff / 7/19/02) granting motion to extend time to respond to third party complaint to and including 8/12/02 [6-1] 1pg(s) (cc: all counsel) (DFL) (Entered: 07/24/2002)

July 19, 2002

July 19, 2002

PACER
11

REQUEST by third-party defendants for extension of time to answer or otherwise respond 4pg(s) (DFL) (Entered: 08/14/2002)

Aug. 8, 2002

Aug. 8, 2002

PACER
12

MEMORANDUM by third-party defendant in support of request for extension of time to answer or otherwise respond [11-1] 2pg(s) (DFL) (Entered: 08/14/2002)

Aug. 8, 2002

Aug. 8, 2002

PACER
10

ORDER ( Chief Mag. Judge Jonathan G. Lebedoff / 8/9/02) that third party defendants have to and including 8/16/02 to respond to the complaint 1pg(s) (cc: all counsel) (DFL) (Entered: 08/14/2002)

Aug. 9, 2002

Aug. 9, 2002

PACER
13

LETTER RE: SVC OF DISPOSITIVE MOTION PAPERS by third-party defendant to dismiss SVC LTR, or for summary judgment SVC LTR ( to Judge Joan E. Lancaster ) pg(s) (DFL) (Entered: 08/23/2002)

Aug. 16, 2002

Aug. 16, 2002

PACER
15

MOTION by third-party defendants to dismiss, or for summary judgment ( to Judge Joan E. Lancaster ) 2pg(s) (DFL) (Entered: 10/04/2002)

Aug. 16, 2002

Aug. 16, 2002

PACER
14

LETTER RE: SVC OF DISPOSITIVE MOTION PAPERS by defendant to dismiss SVC LTR ( to Judge Joan E. Lancaster ) 1pg(s) (DFL) (Entered: 08/26/2002)

Aug. 20, 2002

Aug. 20, 2002

PACER
16

MEMORANDUM by third-party defendant in support of motion to dismiss [15-1], of motion for summary judgment [15-2] 26pg(s) (DFL) (Entered: 10/04/2002)

Sept. 26, 2002

Sept. 26, 2002

PACER
17

EXHIBITS by third-party defendant [15-1] separate (DFL) (Entered: 10/04/2002)

Sept. 26, 2002

Sept. 26, 2002

PACER
18

MEMORANDUM by third-party plaintiff Highland Mfg Inc in opposition to motion to dismiss [15-1], to motion for summary judgment [15-2] 25pg(s) (DFL) (Entered: 10/04/2002)

Sept. 26, 2002

Sept. 26, 2002

PACER
19

AFFIDAVIT of Greg DeGroot regarding motion to dismiss [15-1], regarding motion for summary judgment [15-2] 10pg(s) (DFL) (Entered: 10/04/2002)

Sept. 26, 2002

Sept. 26, 2002

PACER
20

AFFIDAVIT of Ronald Totten regarding motion to dismiss [15-1], regarding motion for summary judgment [15-2] 3pg(s) (DFL) (Entered: 10/04/2002)

Sept. 26, 2002

Sept. 26, 2002

PACER
21

REPLY MEMORANDUM by third-party defendants in support of motion to dismiss [15-1], to motion for summary judgment [15-2] 11pg(s) (DFL) (Entered: 10/04/2002)

Sept. 26, 2002

Sept. 26, 2002

PACER
22

AFFIDAVIT of Eddie Nelson regarding motion to dismiss [15-1], regarding motion for summary judgment [15-2] 2pg(s) (DFL) (Entered: 10/04/2002)

Sept. 26, 2002

Sept. 26, 2002

PACER
23

REPORT OF RULE 26(f) MEETING 7pg(s) (DFL) (Entered: 10/04/2002)

Sept. 26, 2002

Sept. 26, 2002

PACER
24

NOTICE by third-party defendants setting hearing for motion to dismiss [15-1] at 10:00 a.m. on 11/6/02, setting hearing for motion for summary judgment ( to Judge Joan E. Lancaster ) [15-2] at 10:00 a.m. on 11/6/02 4pg(s) (DFL) (Entered: 10/10/2002)

Oct. 2, 2002

Oct. 2, 2002

PACER
25

MINUTES: ( Chief Mag. Judge Jonathan G. Lebedoff ) re: PRETRIAL CONFERENCE 2pg(s) (DFL) (Entered: 10/12/2002)

Oct. 7, 2002

Oct. 7, 2002

PACER
26

PRETRIAL ORDER ( Chief Mag. Judge Jonathan G. Lebedoff 10/7/02) amendmnts and adding parties set for 11/1/02 ; discovery set for 9/1/03 ; non-dispositive motions set for 9/15/03 ; dispositive motions set for 10/15/03 ; ready for trial set for 2/1/04 1pg(s) (cc: counsel) (DFL) (Entered: 10/12/2002)

Oct. 7, 2002

Oct. 7, 2002

PACER
27

MOTION to intervene ( to Chief Mag. Judge Jonathan G. Lebedoff ) by Jimmy Fox Ret. on 11/19/02 at 9:00am. 1pg(s) (PAK) (Entered: 11/07/2002)

Nov. 2, 2002

Nov. 2, 2002

PACER
28

MEMORANDUM by intervenor in support of motion to intervene by Jimmy Fox [27-1] 3pg(s) (PAK) (Entered: 11/07/2002)

Nov. 2, 2002

Nov. 2, 2002

PACER
29

AFFIDAVIT of Leslie L. Lienemann regarding motion to intervene by Jimmy Fox [27-1] 1+pg(s) (PAK) (Entered: 11/07/2002)

Nov. 2, 2002

Nov. 2, 2002

PACER
30

MINUTES:( Judge Joan E. Lancaster / Jeanne Anderson) 3RD PTY DFTS' MOTION to dismiss summary judgment is GRANTED; and 3rd pty cmplt is DISMISSED WITHOUT PREJUDICE. [15-2] 1pg(s) (PAK) (Entered: 11/11/2002)

Nov. 6, 2002

Nov. 6, 2002

PACER
31

ORDER ( Judge Joan E. Lancaster / 11/6/02) 3rd pty DFts' motion to dismiss or for Summary judgment is Granted in part; [15-1 Dft/3rd pty pltf Highland's 3rd pty cmplt is DISMISSED WITHOUT PREJUDICE. [15-2] 2pg(s) (cc: all counsel) (PAK) (Entered: 11/11/2002)

Nov. 6, 2002

Nov. 6, 2002

PACER
32

STIPULATION to Intervene AND ORDER ( Chief Mag. Judge Jonathan G. Lebedoff ) re that Jimmie Fox may intervene by filing and serving the complaint in intervention on or before 12/15/02 [27-1] 14pg(s)(cc: all counsel) (SJH) (Entered: 11/20/2002)

Nov. 15, 2002

Nov. 15, 2002

PACER
33

MINUTES OF TELEPHONE CONFERENCE: ( Chief Mag. Judge Jonathan G. Lebedoff ), Re: whether to go forward with depositions - resolved deposition scheduling issues 1pg(s) (DFL) (Entered: 12/02/2002)

Nov. 19, 2002

Nov. 19, 2002

PACER
34

INTERVENOR'S COMPLAINT by intervenor 10pg(s) (SJH) (Entered: 12/07/2002)

Dec. 2, 2002

Dec. 2, 2002

PACER
35

MOTION by plaintiff for protective order( to Chief Mag. Judge Jonathan G. Lebedoff ) ret 1/14/03 at 9:30 (2 pg) (MKC) (Entered: 12/19/2002)

Dec. 17, 2002

Dec. 17, 2002

PACER
36

MEMORANDUM by plaintiff in support of motion for protective order. [35-1] (10 pgs) (MKC) (Entered: 12/19/2002)

Dec. 17, 2002

Dec. 17, 2002

PACER
37

DECLARATION of Tina Burnside re motion for protective order. [35-1] (27 pgs) (MKC) (Entered: 12/19/2002)

Dec. 17, 2002

Dec. 17, 2002

PACER
38

AMENDED NOTICE by plaintiff setting hearing for motion for protective order ( to Chief Mag. Judge Jonathan G. Lebedoff ) [35-1] at 9:00 a.m. on 1/14/03 2pg(s) (DFL) (Entered: 12/31/2002)

Dec. 18, 2002

Dec. 18, 2002

PACER
39

LETTER dated 1/28/03 from Tina Burnside withdrawing motion for protective order( to Chief Mag. Judge Jonathan G. Lebedoff ) [35-1] 1pg(s) (DFL) (Entered: 02/03/2003)

Jan. 29, 2003

Jan. 29, 2003

PACER
40

CONSENT DECREE ( Judge Joan E. Lancaster ) between EEOC and plaintiff-intervenor, Jimmie Fox 10pg(s) (cc: all counsel) (DFL) (Entered: 03/07/2003)

March 4, 2003

March 4, 2003

RECAP
41

STIPULATION AND ORDER ( Judge Joan E. Lancaster ) to distribute funds 6pg(s) (cc: all counsel) (DFL) (Entered: 03/19/2003)

March 17, 2003

March 17, 2003

PACER
42

STIPULATION AND ORDER of Dismissal with Prejudice ( Judge Joan N. Ericksen / 4/3/03 ) without costs 2pg(s)(cc: all counsel) (SJH) (Entered: 04/09/2003)

April 4, 2003

April 4, 2003

PACER

Case Details

State / Territory: Minnesota

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: April 29, 2002

Closing Date: March 4, 2006

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

Highland Manufacturing Co., Private Entity/Person

Case Details

Causes of Action:

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

Available Documents:

Trial Court Docket

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

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: 135000

Order Duration: 2003 - 2006

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

Recordkeeping

Issues

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

National origin discrimination

Race discrimination

Sex discrimination

Race:

Black

Affected Sex or Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit

National Origin/Ethnicity:

Indian