Case: EEOC v. DAVIS HOMES LLC

1:05-cv-00970 | U.S. District Court for the Southern District of Indiana

Filed Date: June 29, 2005

Closed Date: 2009

Clearinghouse coding complete

Case Summary

The Indianapolis District Office of the EEOC brought this action in the U.S. District Court for the Western District of Indiana, against Davis Homes, LLC. The complaint, filed in June 2005, alleged race discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that Defendant had retaliated against the charging party by terminating her, in response to her claim against the Defendant for race discrimination in violation of Title …

The Indianapolis District Office of the EEOC brought this action in the U.S. District Court for the Western District of Indiana, against Davis Homes, LLC. The complaint, filed in June 2005, alleged race discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that Defendant had retaliated against the charging party by terminating her, in response to her claim against the Defendant for race discrimination in violation of Title VII.

The charging party intervened in July 2005 and in March 2006 the parties entered into a consent decree. The decree, which was valid for 3 years, contained non-discrimination and non-retaliation provisions as well as required the Defendant to post a notice of non-discrimination, provide a neutral reference to the charging party, and develop a new anti-discrimination policy. The Defendant was also required to pay the charging party a total of $39,375.

Following entry of the consent decree, the individual claims from the intervenor plaintiff were dismissed with prejudice on March 27, 2006. Since there is no subsequent enforcement activity, presumably the matter closed in March 2009.

Summary Authors

Kevin Wilemon (6/18/2007)

Rachel Barr (1/3/2018)

Documents in the Clearinghouse

Document

1:05-cv-00970

Docket

EEOC v. Davis Homes LLC

March 28, 2006

March 28, 2006

Docket
1

1:05-cv-00970

Complaint

EEOC v. Davis Homes LLC

June 29, 2005

June 29, 2005

Complaint
23-1

1:05-cv-00970

Intervenor Plaintiff's First Amended Complaint

EEOC v. Davis Homes LLC

Aug. 26, 2005

Aug. 26, 2005

Complaint
51

1:05-cv-00970

Order [Entry on Plaintiffs' Motion to Quash, for Protective Order and for Expedited Review of Third Party Requests and Subpoenas Issued by Defendant]

EEOC v. Davis Homes LLC

Feb. 23, 2006

Feb. 23, 2006

Order/Opinion
56

1:05-cv-00970

Consent Decree

EEOC v. Davis Homes LLC

March 24, 2006

March 24, 2006

Settlement Agreement

Resources

Docket

Last updated March 18, 2024, 3 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against DAVIS HOMES, LLC with Jury Demand, filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.(DH, ) (Entered: 06/29/2005)

June 29, 2005

June 29, 2005

2

CIVIL COVER SHEET filed by Plaintiff, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (DH, ) (Entered: 06/29/2005)

June 29, 2005

June 29, 2005

3

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction. (DH, ) (Entered: 06/29/2005)

June 29, 2005

June 29, 2005

4

Summons Issued as to C. Richard Davis, Registered Agent for DAVIS HOMES, LLC. (DH, ) (Entered: 06/29/2005)

June 29, 2005

June 29, 2005

5

MOTION for Leave to Intervene, filed by petitioner Allesha Collins, by counsel. (Attachments: # 1 Text of Proposed Order)(LSC, ) (Entered: 07/06/2005)

July 6, 2005

July 6, 2005

7

ORDER granting petitioner Allesha Collins' 5 Motion to Intervene . Signed by Judge David Frank Hamilton on 7/7/2005. (LSC, ) (Entered: 07/07/2005)

July 7, 2005

July 7, 2005

8

NOTICE of Appearance by Jeffrey B. Halbert on behalf of ALLESHA COLLINS (Halbert, Jeffrey) (Entered: 07/07/2005)

July 7, 2005

July 7, 2005

9

NOTICE of Appearance by Denise K. LaRue on behalf of ALLESHA COLLINS (LaRue, Denise) (Entered: 07/07/2005)

July 7, 2005

July 7, 2005

10

NOTICE of Appearance by Stephen W. Lyman on behalf of DAVIS HOMES, LLC (Lyman, Stephen) (Entered: 07/12/2005)

July 12, 2005

July 12, 2005

11

NOTICE of Appearance by Jonathan C. Bumgarner on behalf of DAVIS HOMES, LLC (Bumgarner, Jonathan) (Entered: 07/12/2005)

July 12, 2005

July 12, 2005

12

CORPORATE DISCLOSURE STATEMENT and Business Entity Disclosure Statement by DAVIS HOMES, LLC. (Lyman, Stephen) (Entered: 07/12/2005)

July 12, 2005

July 12, 2005

13

NOTICE of Parties' First Extension of Time by DAVIS HOMES, LLC (Lyman, Stephen) (Entered: 07/12/2005)

July 12, 2005

July 12, 2005

14

SCHEDULING ORDER: Initial Pretrial Conference set for 9/27/2005 08:30 AM in room #277 before Magistrate Judge William T. Lawrence. Signed by Judge William T. Lawrence on 07/14/2005. c/m WTL (TMA, ) (Entered: 07/14/2005)

July 14, 2005

July 14, 2005

15

RETURN of Service by CMRRR by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. DAVIS HOMES, LLC served on 6/30/2005. (LSC, ) (Entered: 08/11/2005)

Aug. 11, 2005

Aug. 11, 2005

16

*** PLEASE DISREGARD - INCORRECT DOCUMENT ATTACHED (See corrected entry 17) *** NOTICE of Appearance by Craig M. Williams on behalf of DAVIS HOMES, LLC (Williams, Craig) Modified on 8/19/2005 (Carpentier, Wendy). (Entered: 08/18/2005)

Aug. 18, 2005

Aug. 18, 2005

17

NOTICE of Appearance by Craig M. Williams on behalf of DAVIS HOMES, LLC (Williams, Craig) (Entered: 08/19/2005)

Aug. 19, 2005

Aug. 19, 2005

18

ANSWER to Complaint and Affirmative Defenses by DAVIS HOMES, LLC.(Lyman, Stephen) (Entered: 08/19/2005)

Aug. 19, 2005

Aug. 19, 2005

19

ANSWER to Complaint of Intervenor Plaintiff and Affirmative Defenses by DAVIS HOMES, LLC.(Lyman, Stephen) (Entered: 08/19/2005)

Aug. 19, 2005

Aug. 19, 2005

20

First MOTION to Strike Certain of Defendant's Affirmative Defenses by ALLESHA COLLINS. (Attachments: # 1 Text of Proposed Order)(LaRue, Denise) (Entered: 08/26/2005)

Aug. 26, 2005

Aug. 26, 2005

21

First MOTION for Leave to File Amended Complaint and Demand for Trial by Jury by ALLESHA COLLINS. (Attachments: # 1 Supplement First Amended Complaint# 2 Exhibit Exhibit "A" to Amended Complaint# 3 Text of Proposed Order)(LaRue, Denise) (Entered: 08/26/2005)

Aug. 26, 2005

Aug. 26, 2005

23

FIRST AMENDED COMPLAINT against DAVIS HOMES, LLC, filed by ALLESHA COLLINS. (Attachments: # 1 Exhibit A)(TMA, ) (Entered: 09/01/2005)

Aug. 31, 2005

Aug. 31, 2005

24

First MOTION to Withdraw 20 First MOTION to Strike Certain of Defendant's Affirmative Defenses by ALLESHA COLLINS. (Attachments: # 1 Text of Proposed Order)(LaRue, Denise) (Entered: 09/01/2005)

Sept. 1, 2005

Sept. 1, 2005

25

ORDER granting 24 Motion to Withdraw motion to strike, and withdrawing 20 First MOTION to Strike Certain of Defendant's Affirmative Defenses . Signed by Judge William T. Lawrence on 09/02/2005. c/m WTL (TMA, ) (Entered: 09/02/2005)

Sept. 2, 2005

Sept. 2, 2005

26

Defendant's ANSWER to Amended Complaint (of Intervenor Plaintiff) and Affirmative Defenses by DAVIS HOMES, LLC.(Lyman, Stephen) (Entered: 09/14/2005)

Sept. 14, 2005

Sept. 14, 2005

27

CASE MANAGEMENT PLAN TENDERED by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Supplement)(Edmonds, Nancy) (Entered: 09/16/2005)

Sept. 16, 2005

Sept. 16, 2005

28

NOTICE of Parties First Extension of Time to 10/26/2005 to Respond to Discovery, filed by DAVIS HOMES, LLC. (Williams, Craig) Modified on 9/21/2005 (LSC, ). (Entered: 09/20/2005)

Sept. 20, 2005

Sept. 20, 2005

29

ENTRY - Parties appear by counsel for initial pretrial conference. Conference held and concluded without further order. SCHEDULING ORDER: Telephonic Status Conference set for 12/21/2005 01:00 PM before Magistrate Judge William T. Lawrence. Signed by Judge William T. Lawrence on 09/27/2005. c/m WTL (TMA, ) (Entered: 09/27/2005)

Sept. 27, 2005

Sept. 27, 2005

30

ORDER: CASE MANAGEMENT PLAN APPROVED AS SUBMITTED. SCHEDULING ORDER: Dispositive Motions due by 5/29/2006. Signed by Judge William T. Lawrence on 09/27/2005. c/m WTL (TMA, ) (Entered: 09/27/2005)

Sept. 27, 2005

Sept. 27, 2005

31

SCHEDULING ORDER: Final Pretrial Conference set for 12/29/2006 at 11:00 AM in room #330. Jury Trial set for 1/8/2007 at 09:00 AM in room #344; both before Judge David Frank Hamilton. Signed by Judge David Frank Hamilton on 10/4/2005. (LSC, ) (Entered: 10/04/2005)

Oct. 4, 2005

Oct. 4, 2005

32

NOTICE of Parties' First Extension of Time to 12/15/2005 to respond to deft's discovery requests, filed by ALLESHA COLLINS (Halbert, Jeffrey) Modified on 11/14/2005 (LSC, ). (Entered: 11/11/2005)

Nov. 11, 2005

Nov. 11, 2005

33

Exhibit List Joint Preliminary by all plaintiffs., Witness List Joint Preliminary by all plaintiffs. (Halbert, Jeffrey) (Entered: 11/22/2005)

Nov. 22, 2005

Nov. 22, 2005

34

MOTION for Leave to File an Amended Answer by DAVIS HOMES, LLC. (Attachments: # 1 Amended Answer and Affirmative Defenses to Intervenor Plaintiff's First Amended Complaint and Demand for Trial by Jury)(Williams, Craig) (Entered: 11/28/2005)

Nov. 28, 2005

Nov. 28, 2005

35

Submission of proposed Order on Defendant's Motion for Leave to File an Amended Answer by DAVIS HOMES, LLC. (Williams, Craig) (Entered: 11/29/2005)

Nov. 29, 2005

Nov. 29, 2005

36

ORDER granting 34 Defendant's Motion for Leave to File an amended answer. Signed by Judge William T. Lawrence on 11/29/2005. c/m WTL (TMA, ) (Entered: 11/30/2005)

Nov. 29, 2005

Nov. 29, 2005

37

AMENDED ANSWER to 23 First Amended Complaint by DAVIS HOMES, LLC. (TMA, ) (Entered: 11/30/2005)

Nov. 29, 2005

Nov. 29, 2005

38

ENTRY - Parties appear by counsel for status conference. Conference held andconcluded without further order. SCHEDULING ORDER: Status Conference set for 2/1/2006 09:00 AM in Telephonic before Magistrate Judge William T. Lawrence. Signed by Judge William T. Lawrence on 12/21/2005. c/m WTL (TMA, ) (Entered: 12/21/2005)

Dec. 21, 2005

Dec. 21, 2005

39

Witness List Defendant's Preliminary Witness List by DAVIS HOMES, LLC. (Williams, Craig) (Entered: 12/22/2005)

Dec. 22, 2005

Dec. 22, 2005

40

Exhibit List Defendant's Preliminary Exhibit List by DAVIS HOMES, LLC.. (Williams, Craig) (Entered: 12/22/2005)

Dec. 22, 2005

Dec. 22, 2005

41

MOTION to Withdraw as Attorney Jeffrey B. Halbert by ALLESHA COLLINS. (Attachments: # 1 Text of Proposed Order)(Halbert, Jeffrey) (Entered: 01/11/2006)

Jan. 11, 2006

Jan. 11, 2006

42

ORDER granting 41 Motion to Withdraw appearance of Jeffrey B. Halbert as attorney on behalf of plaintiff. Signed by Judge William T. Lawrence on 01/12/2006. c/m WTL (TMA, ) (Entered: 01/12/2006)

Jan. 12, 2006

Jan. 12, 2006

43

MOTION to Quash For Protective Order and Expedited Review by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Text of Proposed Order Final Order# 2 Text of Proposed Order Emergency Order# 3 Exhibit 1# 4 Exhibit 2# 5 Exhibit 3# 6 Exhibit 4# 7 Exhibit 5)(Edmonds, Nancy) (Entered: 01/23/2006)

Jan. 23, 2006

Jan. 23, 2006

44

ENTRY sets forth briefing schedule for Plaintiffs' Motion to Quash, for Protective Order and for Expedited Review of Third Party Requests andSubpoenae Issued by Defendant. Signed by Judge William T. Lawrence on 01/23/2006. c/m WTL (TMA, ) (Entered: 01/23/2006)

Jan. 23, 2006

Jan. 23, 2006

45

Re-Submission of Exhibits 1-5 re 43 MOTION to Quash For Protective Order and Expedited Review (Exhibits blank on prior submission), filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Exhibit 2# 2 Exhibit 3# 3 Exhibit 4# 4 Exhibit 5)(Edmonds, Nancy) Modified on 1/25/2006 (LSC, ). (Entered: 01/24/2006)

Jan. 24, 2006

Jan. 24, 2006

46

Submission of Proposed ORDER by ALLESHA COLLINS (LaRue, Denise) Modified on 2/2/2006 (LSC, ). (Entered: 02/01/2006)

Feb. 1, 2006

Feb. 1, 2006

47

ENTRY - Parties appear by counsel for status conference. Conference held andconcluded without further order. SCHEDULING ORDER: Settlement Conference set for 3/9/2006 09:00 AM in room #277 before Magistrate Judge William T. Lawrence. Signed by Judge William T. Lawrence on 02/01/2006. (TMA, ) (Entered: 02/01/2006)

Feb. 1, 2006

Feb. 1, 2006

48

ORDER - During a telephonic status conference held before the Court on this day, Plaintiffs motioned the Court for a stay of response concerning the non-party subpoenae. The Court has considered the motion for stay of response and finds that it is made for good cause. Accordingly, the Court GRANTS the motion. Signed by Judge William T. Lawrence on 02/02/2006. c/m WTL (TMA, ) (Entered: 02/02/2006)

Feb. 2, 2006

Feb. 2, 2006

49

RESPONSE in Opposition re 43 MOTION to Quash For Protective Order and Expedited Review Defendant's Response to Plaintiff's Motion to Quash, for Protective Order and for Expedited Review of Third Party Requests and Subpoenas Issued by Defendant filed by DAVIS HOMES, LLC. (Attachments: # 1 Exhibit Application for Employment# 2 Exhibit Termination Letter# 3 Exhibit Collins deposition# 4 Exhibit Timesheets# 5 Exhibit Answer to Interrogatory)(Williams, Craig) (Entered: 02/02/2006)

Feb. 2, 2006

Feb. 2, 2006

50

REPLY in support of Motion re 43 MOTION to Quash For Protective Order and Expedited Review filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Text of Proposed Order)(Edmonds, Nancy) (Entered: 02/07/2006)

Feb. 7, 2006

Feb. 7, 2006

51

ORDER granting in part 43 Plaintiffs' Motion to Quash, for Protective Order and for Expedited Review of Third Party Requests and Subpoenas Issued by Defendant. Signed by Judge William T. Lawrence on 02/23/2006. c/m WTL (TMA, ) (Entered: 02/23/2006)

Feb. 23, 2006

Feb. 23, 2006

52

ENTRY - Parties appear in person and by counsel for settlement conference on 3/9/06. Conference held and concluded. The Court has been advised that a settlement has been reached. Therefore, all pending motions, if any, are now DENIED AS MOOT and all previously ordered dates, if any, are VACATED.IT IS ORDERED that within 30 days of this date, counsel for the plaintiffshall file a motion to dismiss or a stipulation of dismissal. Signed by Judge William T. Lawrence on 03/10/2006. (TMA, ) (Entered: 03/10/2006)

March 10, 2006

March 10, 2006

53

ENTRY ON PLAINTIFF INTERVENOR'S SUBMISSION OF WAL-MART EMPLOYMENT APPLICATION FOR IN CAMERA REVIEW. Signed by Judge William T. Lawrence on 03/13/2006. c/m WTL (TMA, ) (Entered: 03/13/2006)

March 13, 2006

March 13, 2006

54

Joint MOTION to Dismiss by ALLESHA COLLINS. (Attachments: # 1 Text of Proposed Order)(LaRue, Denise) (Entered: 03/23/2006)

March 23, 2006

March 23, 2006

55

Joint MOTION for Entry of Consent Decree by ALLESHA COLLINS. (Attachments: # 1 Text of Proposed Order Consent Decree)(LaRue, Denise) (Entered: 03/23/2006)

March 23, 2006

March 23, 2006

56

CONSENT Decree, filed by all parties. (LSC, ) (Entered: 03/24/2006)

March 24, 2006

March 24, 2006

57

CLOSED - DISMISSED with prejudice, without the assessment of costs against either party. Signed by Judge David Frank Hamilton on 3/24/2006. (LSC, ) (Entered: 03/24/2006)

March 24, 2006

March 24, 2006

Case Details

State / Territory: Indiana

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 29, 2005

Closing Date: 2009

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

Davis Homes, LLC (Indianapolis), Private Entity/Person

Case Details

Causes of Action:

42 U.S.C. § 1981

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: 39375

Order Duration: 2006 - 2009

Content of Injunction:

Neutral/Positive Reference

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Reporting

Issues

General:

Retaliation

Discrimination-area:

Disparate Treatment

Pay / Benefits

Discrimination-basis:

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit