Case: EEOC v. BENCHMARK RESIDENTIAL SERVICES, INC.

1:03-cv-10172 | U.S. District Court for the Eastern District of Michigan

Filed Date: June 4, 2003

Closed Date: July 19, 2004

Clearinghouse coding complete

Case Summary

In June 2003, the Detroit Office of the EEOC filed this lawsuit against Benchmark Residential Services, Incorporated in the U.S. District Court for the Eastern District of Michigan. We do not have a copy of the complaint; therefore the exact allegations involved are unknown. However, the intervenor complainant's complaint alleges the defendant subjected her to sexual harassment based on her sex, female, and that she was terminated from her position after she refused to have sex with her super…

In June 2003, the Detroit Office of the EEOC filed this lawsuit against Benchmark Residential Services, Incorporated in the U.S. District Court for the Eastern District of Michigan. We do not have a copy of the complaint; therefore the exact allegations involved are unknown. However, the intervenor complainant's complaint alleges the defendant subjected her to sexual harassment based on her sex, female, and that she was terminated from her position after she refused to have sex with her supervisor. Following defendant's successful motion to change venue from the Southern Division to the Northern Division in July 2003, the complainant intervened in the lawsuit in October 2003. After a series of status conferences, the parties settled the lawsuit in July 2004 through a consent decree.

The consent decree, containing an anti-retaliation clause, required the defendant to: provide and report to the EEOC regarding Title VII training, restore the complainant's position and make provisions for her insurance coverage, post notice of employee rights, and pay $99,000 to the complainant as monetary relief and interest.

The decree was entered in 2004 and scheduled to last 2007. No further docket entries exist, so the case is closed.

Summary Authors

David Friedman (11/13/2007)

Clearinghouse (12/21/2018)

Documents in the Clearinghouse

Document

1:03-cv-10172

Docket [PACER]

EEOC v. Benchmark Residential Services, Inc.

July 22, 2004

July 22, 2004

Docket
15

1:03-cv-10172

Complaint of Intervening Plaintiff - Kim Helm

EEOC v. Benchmark Residential Services, Inc.

Oct. 23, 2003

Oct. 23, 2003

Complaint
31

1:03-cv-10172

Consent Decree

EEOC v. Benchmark Residential Services, Inc.

July 19, 2004

July 19, 2004

Settlement Agreement
30

1:03-cv-10172

Dismissal with Prejudice

EEOC v. Benchmark Residential Services, Inc.

July 19, 2004

July 19, 2004

Order/Opinion

Resources

Docket

Last updated March 19, 2024, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT; jury demand - Receipt # usa - Date Fee Received: 06/04/03 (jg) (Entered: 06/09/2003)

June 4, 2003

June 4, 2003

2

APPEARANCE for defendant Benchmark Rstl Svc of attorney Jamie H. Nisidis; proof of service (jg) (Entered: 06/18/2003)

June 16, 2003

June 16, 2003

3

ANSWER by defendant Benchmark Rstl Svc to complaint [1-1]; with jury demand (dp) (Entered: 06/23/2003)

June 23, 2003

June 23, 2003

3

AFFIRMATIVE defenses by defendant Benchmark Rstl Svc (dp) (Entered: 06/23/2003)

June 23, 2003

June 23, 2003

4

MOTION by defendant Benchmark Rstl Svc to change venue ; with brief and exhibits A-B (dp) (Entered: 06/23/2003)

June 23, 2003

June 23, 2003

5

PROOF of service by defendant Benchmark Rstl Svc of [3-1] and [4-1] (dp) (Entered: 06/23/2003)

June 23, 2003

June 23, 2003

6

NOTICE of setting hearing on motion to change venue by Benchmark Rstl Svc [4-1] for 2:00 7/29/03 (cm) (Entered: 06/26/2003)

June 25, 2003

June 25, 2003

7

RESPONSE by plaintiff EEOC to motion to change venue by Benchmark Rstl Svc [4-1]; with exhibit A and proof of service (dp) (Entered: 07/14/2003)

July 10, 2003

July 10, 2003

8

ORDER by Judge George C. Steeh with stipulation granting motion to change venue by Benchmark Rstl Svc [4-1] from the Southern Division of this court to the Northern Division [EOD Date: 7/30/03] (LS) (Entered: 07/30/2003)

July 23, 2003

July 23, 2003

10

RECORD received from Detroit (bs) (Entered: 07/31/2003)

July 31, 2003

July 31, 2003

11

NOTICE to counsel regarding receipt of record from Detroit office (bs) (Entered: 07/31/2003)

July 31, 2003

July 31, 2003

12

ACKNOWLEDGMENT from USDC Bay City of receipt of record [10-1] (kg) (Entered: 08/05/2003)

July 31, 2003

July 31, 2003

13

MOTION by movant Kimberly Helm to intervene with brief and proof. (bs) (Entered: 10/06/2003)

Oct. 3, 2003

Oct. 3, 2003

14

ORDER by Judge David M. Lawson granting motion to intervene by Kimberly Helm [13-1], setting deadline for 10/24/03 to serve complaint [EOD Date 10/9/03] (bs) (Entered: 10/09/2003)

Oct. 9, 2003

Oct. 9, 2003

15

INTERVENOR'S complaint by Kimberly Helm against defendant Benchmark Rstl Svc.; with jury demand. (bs) (Entered: 10/24/2003)

Oct. 23, 2003

Oct. 23, 2003

16

PROOF of service by intervenor-plaintiff Kimberly Helm of [15-1] (bs) (Entered: 10/28/2003)

Oct. 28, 2003

Oct. 28, 2003

17

ANSWER by defendant Benchmark Rstl Svc to intervenor complaint [15-1] with affirmative defenses; jury demand and proof of service. (bs) (Entered: 11/13/2003)

Nov. 13, 2003

Nov. 13, 2003

18

NOTICE of setting civil status conference for 2:30 1/14/04 , setting scheduling conference for 2:30 1/14/04 (bs) (Entered: 11/18/2003)

Nov. 17, 2003

Nov. 17, 2003

19

NOTICE of resetting civil status conference for 2:00 1/27/04 , and scheduling conference for 2:00 1/27/04 (bs) (Entered: 12/11/2003)

Dec. 11, 2003

Dec. 11, 2003

20

NOTICE TO APPEAR: Scheduling Conference reset for 3/4/2004 09:30 AM before Honorable David M Lawson. (TJac, ) (Entered: 02/18/2004)

Feb. 18, 2004

Feb. 18, 2004

Minute Entry -Scheduling Conference held on 3/4/2004 before Honorable David M Lawson. (TJac, ) (Entered: 03/04/2004)

March 4, 2004

March 4, 2004

21

SCHEDULING ORDER: Final Pretrial Conference set for 11/23/2004 03:00 PM before Honorable David M Lawson. Jury Trial set for 12/7/2004 08:30 AM before Honorable David M Lawson. Status Conference set for 4/29/2004 04:30 PM before Honorable David M Lawson. Dispositive Motion Cut-off set for 9/14/2004 Signed by Judge David M Lawson. (Refer to image for additional dates)(TJac, ) (Entered: 03/05/2004)

March 5, 2004

March 5, 2004

22

WITNESS LIST by Kimberly Helm (JLam, ) (Entered: 03/18/2004)

March 18, 2004

March 18, 2004

23

WITNESS LIST by Benchmark Residential Services, Incorporated (JLam, ) (Entered: 03/18/2004)

March 18, 2004

March 18, 2004

24

WITNESS LIST by Equal Employment Opportunity Commission. (CGre, ) (Entered: 03/22/2004)

March 19, 2004

March 19, 2004

26

NOTICE TO APPEAR: ADR Status Conference reset for 5/10/2004 09:30 AM before Honorable David M Lawson. (TJac, ) (Entered: 04/23/2004)

April 23, 2004

April 23, 2004

Minute Entry -Status Conference held on 5/10/2004 before Honorable David M Lawson. (TJac, ) (Entered: 05/10/2004)

May 10, 2004

May 10, 2004

27

ORDER Scheduling Settlement Conference for 6/14/2004 09:00 AM before Honorable David M Lawson. Signed by Judge David M Lawson. (BSoc, ) (Entered: 05/12/2004)

May 11, 2004

May 11, 2004

28

STATEMENT of Position on Settlement by Equal Employment Opportunity Commission. (BSoc, ) (Entered: 06/15/2004)

June 10, 2004

June 10, 2004

29

SCHEDULING ORDER: Settlement Conference rescheduled for 6/21/2004 09:30 AM before Honorable David M Lawson. Signed by Honorable David M Lawson. (Refer to image for additional dates)(BSoc, ) (Entered: 06/16/2004)

June 15, 2004

June 15, 2004

30

ORDER of dismissal with prejudice. Signed by Honorable David M Lawson. (BSoc, ) (Entered: 07/20/2004)

July 19, 2004

July 19, 2004

31

CONSENT JUDGMENT Signed by Honorable David M Lawson. (BSoc, ) (Entered: 07/20/2004)

July 19, 2004

July 19, 2004

32

CERTIFICATE OF SERVICE by Kimberly Helm re 30 Order, 31 Consent Judgment. (BSoc, ) (Entered: 07/22/2004)

July 22, 2004

July 22, 2004

Case Details

State / Territory: Michigan

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: June 4, 2003

Closing Date: July 19, 2004

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

Benchmark Residential Services, Incorporated (Pinconning, Michigan), 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: 99000

Order Duration: 2004 - 2007

Content of Injunction:

Position Restored

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Issues

Discrimination-area:

Disparate Treatment

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