Case: EEOC v. HILL BROTHERS CONSTRUCTION AND ENGINEERING COMPANY, INC.

3:05-cv-00071 | U.S. District Court for the Northern District of Mississippi

Filed Date: June 13, 2005

Closed Date: Nov. 16, 2006

Clearinghouse coding complete

Case Summary

EEOC's Birmingham, AL office filed this sex discrimination lawsuit against the defendant Hill Brothers Construction & Engineering Co, Inc. in the United States District Court for the Northern District of Mississippi (Western Division) on 06/13/2005. The defendant is a full-service construction company performing civil and defense, public and private construction work in Mississippi, Alabama, Arkansas, Louisiana and Tennessee. The EEOC alleged on behalf of a female truck driver formerly employed at defendant's Falkner, Mississippi facility that the defendant failed to re-hire her because of her gender. The EEOC claimed that the defendant did not recall the employee but hired lesser qualified male truck drivers.

The parties went through two days of jury trial, at the end of which the jury returned a verdict for the plaintiff. The jury awarded $10,400 in back pay to the plaintiff.

Summary Authors

Justin Kanter (6/13/2007)

Documents in the Clearinghouse

Document

3:05-cv-00071

Docket (PACER)

Equal Employment Opportunity Commission v. Hill Brothers Construction & Engineering Company, Inc.

Feb. 5, 2007

Feb. 5, 2007

Docket
1

3:05-cv-00071

Complaint

Equal Employment Opportunity Commission v. Hill Brothers Construction & Engineering Company, Inc.

June 13, 2005

June 13, 2005

Complaint
35

3:05-cv-00071

Order

Equal Employment Opportunity Commission v. Hill Brothers Construction and Engineering Company, Inc.

Nov. 14, 2006

Nov. 14, 2006

Order/Opinion
41

3:05-cv-00071

Judgment in a Civil Case

EEOC v. Hill Brothers Construction & Engineering

Nov. 16, 2006

Nov. 16, 2006

Order/Opinion

Resources

Docket

Last updated March 21, 2024, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Hill Brothers Construction & Engineering Company, Inc., Jury Demand, , filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(kmt, USDC)

June 13, 2005

June 13, 2005

2

NOTICE OF ASSIGNMENT. Case assigned to Judge Neal B. Biggers and Magistrate Judge Allan Alexander. (kmt, USDC)

June 13, 2005

June 13, 2005

3

REQUEST FOR WAIVER of Service sent to Hill Brothers Construction & Engineering Company, Inc. on 6/30/05 by Mildred Byrd on behalf of Equal Employment Opportunity Commission. Waiver of Service due by 8/1/2005. (tab, USDC)

July 5, 2005

July 5, 2005

4

ANSWER to Complaint by Hill Brothers Construction & Engineering Company, Inc..(Wicker, Thomas)

July 22, 2005

July 22, 2005

5

INITIAL ORDER - RULE 16.1 Case Management Conference set for 9/8/2005 11:00 AM in Judge Alexander Chambers before S. Allan Alexander.Signed by Judge S. Allan Alexander on 7/25/05. (wsm, USDC)

July 25, 2005

July 25, 2005

6

CORPORATE STATEMENT of Hill Brothers. (nsm, USDC) (Entered: 09/07/2005)

Sept. 6, 2005

Sept. 6, 2005

7

NOTICE of Trial: MVD/Jury Trial set for 7/31/2006, 09:30 AM, in Oxford Courtroom 3 West, before Neal B. Biggers. (nfs, USDC)

Sept. 8, 2005

Sept. 8, 2005

8

Minute Entry for proceedings held before Judge S. Allan Alexander : Case Management Conference held on 9/8/2005. (Court Reporter none.) (wsm, USDC)

Sept. 8, 2005

Sept. 8, 2005

9

CASE MANAGEMENT ORDER: Case assigned to standard track. Final Pretrial Conference set for 6/13/2006 11:00 AM in Judge Alexander Chambers before S. Allan Alexander. Discovery due by 3/17/2006. Amendments/Joinder of Parties due by 10/8/2005. Plaintiffs Designation of Experts due by 12/17/2005. Defendants Designation of Experts due by 1/17/2006. Motions due by 3/31/2006. Signed by Judge S. Allan Alexander on 9/9/05. (wsm, USDC)

Sept. 9, 2005

Sept. 9, 2005

10

NOTICE of Conference: Final Pretrial Conference set for 6/13/2006 11:00 AM in Judge Alexander Chambers before S. Allan Alexander. (wsm, USDC)

Sept. 12, 2005

Sept. 12, 2005

11

First MOTION for Discovery To Extend Discovery Deadline by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit proposed order)(Powe, Valerie)

March 6, 2006

March 6, 2006

12

ORDER granting 11 Motion for Discovery . Signed by Judge S. Allan Alexander on 3/8/06. (kbt, USDC)

March 8, 2006

March 8, 2006

Set/Reset Case Management Order Deadlines: Discovery due by 4/17/2006. Motions due by 4/30/2006. (kbt, USDC)

March 8, 2006

March 8, 2006

13

NOTICE OF SERVICE of Responses to Hill Brothers Contruction & Engineering Company's Interrogatories and Requests for Production by Valerie Hicks Powe on behalf of Equal Employment Opportunity Commission to Hill Brothers Construction & Engineering Company, Inc.. (Powe, Valerie)

March 15, 2006

March 15, 2006

14

MOTION in Limine To Exclude Any Reference To Melanie Peacock's Employment History Prior to or Subsequent to Her Employment With Hill Brothers Construction by Equal Employment Opportunity Commission. (Powe, Valerie)

May 30, 2006

May 30, 2006

15

MEMORANDUM IN SUPPORT re 14 MOTION in Limine To Exclude Any Reference To Melanie Peacock's Employment History Prior to or Subsequent to Her Employment With Hill Brothers Construction filed by EEOC . (Powe, Valerie)

May 30, 2006

May 30, 2006

16

RESPONSE in Opposition re 14 MOTION in Limine To Exclude Any Reference To Melanie Peacock's Employment History Prior to or Subsequent to Her Employment With Hill Brothers Construction filed by Hill Brothers Construction & Engineering Company, Inc.. (Wicker, Thomas)

June 2, 2006

June 2, 2006

17

MEMORANDUM IN OPPOSITION re 16 Response in Opposition to Motion, to Plaintiff's Motion in Limine . (Attachments: # 1 Exhibit A, B and C)(Wicker, Thomas)

June 2, 2006

June 2, 2006

18

MOTION in Limine by Hill Brothers Construction & Engineering Company, Inc.. (Wicker, Thomas)

June 2, 2006

June 2, 2006

19

MEMORANDUM IN SUPPORT re 18 MOTION in Limine. (Wicker, Thomas)

June 2, 2006

June 2, 2006

20

NOTICE OF SERVICE of Supplemental Disclosure of Core Information by Thomas A. Wicker on behalf of Hill Brothers Construction & Engineering Company, Inc. to Plaintiff. (Wicker, Thomas)

June 8, 2006

June 8, 2006

21

NOTICE of Attorney Appearance by John Mark Graham on behalf of Equal Employment Opportunity Commission (Graham, John)

June 12, 2006

June 12, 2006

22

Minute Entry for proceedings held before Judge S. Allan Alexander : Final Pretrial Conference held on 6/13/2006. Pretrial Order due by 6/26/2006. (wsm, USDC)

June 13, 2006

June 13, 2006

23

Joint MOTION to Continue Trial by Equal Employment Opportunity Commission. (Powe, Valerie)

June 26, 2006

June 26, 2006

24

NOTICE OF ENDORSEMENT by Thomas A. Wicker on behalf of Hill Brothers Construction & Engineering Company, Inc. re 23 Joint MOTION to Continue Trial (Wicker, Thomas)

June 28, 2006

June 28, 2006

25

ORDER granting 23 Motion to Continue . Signed by Judge Neal B. Biggers on 6/28/06. (tab, USDC)

June 29, 2006

June 29, 2006

26

NOTICE Cancelling Jury Trial previously set before Judge Biggers 07/31/06 until further notice of the court. (gpk, USDC)

July 5, 2006

July 5, 2006

27

NOTICE of Trial: MVD/Jury Trial set for 11/13/2006 09:30 AM in Oxford Courtroom 3 West before Neal B. Biggers. (nsm, USDC)

Oct. 11, 2006

Oct. 11, 2006

28

NOTICE of Trial: MVD/Jury Trial RESET for 11/14/2006 09:30 AM in Oxford Courtroom 3 West before Neal B. Biggers. (nsm, USDC)

Nov. 6, 2006

Nov. 6, 2006

29

MOTION to Continue Trial Setting by Hill Brothers Construction & Engineering Company, Inc.. (Wicker, Thomas)

Nov. 7, 2006

Nov. 7, 2006

30

RESPONSE in Opposition re 29 MOTION to Continue Trial Setting filed by Equal Employment Opportunity Commission. (Powe, Valerie)

Nov. 8, 2006

Nov. 8, 2006

31

PRETRIAL ORDER; Est. 2-day JURY TRIAL.. Signed by Judge Neal B. Biggers on 11/8/06. (nsm, USDC)

Nov. 8, 2006

Nov. 8, 2006

32

ORDER denying 29 Motion to Continue and Setting Pretrial Conference. Signed by Judge Neal B. Biggers on 11/8/06. (nsm, USDC)

Nov. 8, 2006

Nov. 8, 2006

33

NOTICE of Hearing on Pretrial Motions set for 11/13/2006 03:00 PM in Oxford Courtroom 3 West before Neal B. Biggers. (nsm, USDC)

Nov. 8, 2006

Nov. 8, 2006

34

Minute Entry for proceedings held before Judge Neal B. Biggers : Motion Hearing held on 11/13/2006. (Court Reporter Rita Sisk.) (nsm, USDC)

Nov. 13, 2006

Nov. 13, 2006

35

ORDER granting in part, denying in part 14 Motion in Limine, finding as moot 18 Motion in Limine . Signed by Judge Neal B. Biggers on 11/14/06. (tab, USDC) Modified on 11/14/2006 (tab, USDC).

Nov. 14, 2006

Nov. 14, 2006

Jury Impaneled. (nsm, USDC) (Entered: 11/16/2006)

Nov. 14, 2006

Nov. 14, 2006

36

Minute Entry for proceedings held before Judge Neal B. Biggers : Jury Trial completed on 11/15/2006. (Court Reporter Rita Sisk.) (nsm, USDC) (Entered: 11/16/2006)

Nov. 15, 2006

Nov. 15, 2006

37

Exhibit List by Valerie Hicks Powe, Thomas A. Wicker on behalf of Equal Employment Opportunity Commission, Hill Brothers Construction & Engineering Company, Inc.. (nsm, USDC) Modified on 11/17/2006 (nsm, USDC). (Exhibits maintained in Clerk's Office) (Entered: 11/16/2006)

Nov. 15, 2006

Nov. 15, 2006

38

Witness List by Valerie Hicks Powe, Thomas A. Wicker on behalf of Equal Employment Opportunity Commission, Hill Brothers Construction & Engineering Company, Inc.. (nsm, USDC) (Entered: 11/16/2006)

Nov. 15, 2006

Nov. 15, 2006

39

Jury Instructions (Given and Refused)(nsm, USDC) (Entered: 11/16/2006)

Nov. 15, 2006

Nov. 15, 2006

40

JURY VERDICT. (nsm, USDC) (Entered: 11/16/2006)

Nov. 15, 2006

Nov. 15, 2006

41

CLERK'S JUDGMENT in favor of Plaintiff against Defendant. CASE CLOSED. Signed by Judge Unassigned on 11/15/06. (nsm, USDC)

Nov. 16, 2006

Nov. 16, 2006

42

MOTION Post Judgment Equitable Relief by Equal Employment Opportunity Commission. (Powe, Valerie)

Nov. 30, 2006

Nov. 30, 2006

43

MOTION for Extension of Time to File Response/Reply as to 42 MOTION Post Judgment Equitable Relief by Hill Brothers Construction & Engineering Company, Inc.. (Wicker, Thomas)

Dec. 1, 2006

Dec. 1, 2006

44

ORDER granting 43 Motion for Extension of Time to File Response/Reply re 43 MOTION for Extension of Time to File Response/Reply as to 42 MOTION Post Judgment Equitable Relief Responses due by 12/27/2006. Signed by Judge Neal B. Biggers on 12/13/06. (nsm, USDC)

Dec. 15, 2006

Dec. 15, 2006

45

RESPONSE to Motion re 42 MOTION Post Judgment Equitable Relief filed by Hill Brothers Construction & Engineering Company, Inc.. (Wicker, Thomas)

Dec. 27, 2006

Dec. 27, 2006

TRANSCRIPT of Excerpt of Jury Trial held 11/14/06, Oxford before Judge Neal B. Biggers, Jr. Court Reporter: Rita Davis Sisk. (tab, USDC)

Feb. 5, 2007

Feb. 5, 2007

Case Details

State / Territory: Mississippi

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: June 13, 2005

Closing Date: Nov. 16, 2006

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: No

Class Action Outcome: Not sought

Defendants

Hill Brothers Construction & Engineering Company, Inc. (Falkner, Mississippi), 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

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Litigation

Amount Defendant Pays: 10400

Issues

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Sex discrimination

Affected Sex or Gender:

Female

EEOC-centric:

Direct Suit on Merits