Case: EEOC v. GREEN LANCE INC (d/b/a BURGER KING)

5:99-cv-00129 | U.S. District Court for the Northern District of West Virginia

Filed Date: Sept. 30, 1999

Closed Date: Oct. 15, 2001

Clearinghouse coding complete

Case Summary

In September 1999, the EEOC brought this suit against Green Lance, Inc., doing business as Burger King, in the U.S. District Court for the Northern District of West Virginia. The complaint is not currently available. After two week-long mediation sessions, the parties came to an agreement and the case was dismissed in October 2001.

Summary Authors

Jason Chester (6/26/2007)

Documents in the Clearinghouse

Document

5:99-cv-00129

Docket (PACER)

EEOC v. Green Lance Inc

Oct. 15, 2001

Oct. 15, 2001

Docket

Resources

Docket

Last updated March 30, 2024, 3:17 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT/NATURE OF ACTION filed; FILING FEE $ wv. (Copy to Judge) (cc) (Entered: 09/30/1999)

Sept. 30, 1999

Sept. 30, 1999

Sent application for Pro Hac Vice to counsel Wanda Flowers and J. Jean Clickner. (cc) (Entered: 09/30/1999)

Sept. 30, 1999

Sept. 30, 1999

Received Application for Pro Hac Vice from counsel M. Jean Clickner. (original to Judge) (cc) (Entered: 10/20/1999)

Oct. 13, 1999

Oct. 13, 1999

20 day SUMMONS(ES) issued for defendant Green Lance, Inc. (cc) (Entered: 10/28/1999)

Oct. 28, 1999

Oct. 28, 1999

2

APPLICATION/ORDER for M. Jean Clickner to Appear Pro Hac Vice with local counsel Patrick Flatley for plaintiff. ( signed by Judge Frederick P. Stamp Jr. ) (c to counsel, Judge) (cc) (Entered: 10/28/1999)

Oct. 28, 1999

Oct. 28, 1999

3

AFFIDAVIT by E.E.O.C. of Thomas L. Edgell stating that he served dft that complaint. (sending summons) (cc) (Entered: 11/29/1999)

Nov. 18, 1999

Nov. 18, 1999

SUMMONS(ES) issued for defendant Green Lance, Inc. (cc) (Entered: 11/29/1999)

Nov. 24, 1999

Nov. 24, 1999

4

NOTICE of attorney appearance for Green Lance, Inc. by David R. Johnson. (c to Judge) (cc) (Entered: 11/29/1999)

Nov. 29, 1999

Nov. 29, 1999

5

APPLICATION/ORDER for David R. Johnson to Appear Pro Hac Vice w/William J. Ihlenfeld as local counsel for defendant.( signed by Judge Frederick P. Stamp Jr. ) (c to counsel, Judge) Paid fee of $100.00; receipt # 31636 (cc) Modified on 11/29/1999 (Entered: 11/29/1999)

Nov. 29, 1999

Nov. 29, 1999

6

PRAECIPE FOR APPEARANCE for Green Lance, Inc. by David R. Johnson. (c to Judge) (cc) (Entered: 12/06/1999)

Dec. 2, 1999

Dec. 2, 1999

7

STIPULATION FOR EXTENSION OF TIME by parties for defendants to answer until 12/22/99. (Copy to Judge) (cc) (Entered: 12/06/1999)

Dec. 2, 1999

Dec. 2, 1999

9

ANSWER to Complaint by Green Lance, Inc. w/ jury demand (Copy to Judge) (cc) (Entered: 12/13/1999)

Dec. 9, 1999

Dec. 9, 1999

10

FIRST ORDER AND NOTICE REGARDING DISCOVERY AND SCHEDULING: Initial Planning Meeting by 2/3/00 ; Meeting Report and Proposed Disc Plan by 2/10/00 ; Submit Proposed Scheduling Order by 2/24/00 ; Initial Discovery Disclosures by 3/2/00 . (signed by Judge Frederick P. Stamp Jr. ) (Copies all counsel) (cc) (Entered: 12/13/1999)

Dec. 13, 1999

Dec. 13, 1999

11

SCHEDULING ORDER: Setting Joining of parties,amending of pleadings on 7/21/00 ; Deadline for filing of all motions 9/15/00 ; Discovery cutoff 9/1/00 ; Pretrial conference for 11:00 on 12/18/00 ; Proposed Pretrial order to be submitted by 12/13/00 ; Final Settlement Conference at 11:00 on 12/18/00 ; Jury Trial, 3rd case at Wheeling, at 8:30 on 1/3/01 ; (signed by Judge Frederick Stamp Jr.) (copies to counsel, Judge) (soa) (Entered: 02/08/2000)

Feb. 7, 2000

Feb. 7, 2000

12

CERTIFICATE OF SERVICE of Interrogatories (First Set) by E.E.O.C. on 2/10/00. (cc) (Entered: 02/18/2000)

Feb. 11, 2000

Feb. 11, 2000

13

CERTIFICATE OF SERVICE of Request for Admissions (First Set) Directed to dft by E.E.O.C. on 2/10/00. (cc) (Entered: 02/18/2000)

Feb. 11, 2000

Feb. 11, 2000

14

STIPULATION: For Extension of Time until 3/27/00 for def. to respond to discovery requests, etc. (Copy to Judge) (soa) (Entered: 03/21/2000)

March 16, 2000

March 16, 2000

15

CERTIFICATE OF SERVICE of Pltff's Objections and Responses to Def's 1st Request for Production of Documents and all Exhibits thereto, served by E.E.O.C. on 4/5/00. (soa) (Entered: 04/12/2000)

April 6, 2000

April 6, 2000

16

CERTIFICATE OF SERVICE of Pltff's Supplemental Response to Def's Interrogatories and Reqeust for Production of Documents, served by E.E.O.C. on 4/10/00. (soa) (Entered: 04/12/2000)

April 11, 2000

April 11, 2000

17

CERTIFICATE OF SERVICE of Second Supplemental Response To Defendant's Interrogatories and Request for Production of Documents by E.E.O.C. on 4/18/00. (cc) (Entered: 04/25/2000)

April 19, 2000

April 19, 2000

18

CERTIFICATE OF SERVICE of Request for Admissions (Second Set) Directed to defendant by E.E.O.C. on 4/21/00. (cc) (Entered: 04/25/2000)

April 24, 2000

April 24, 2000

19

CERTIFICATE OF SERVICE of Notice of Deposition Duces Tecum to Burger King Corp. by E.E.O.C. on 5/15/00. (cc) (Entered: 05/18/2000)

May 16, 2000

May 16, 2000

20

CERTIFICATE OF SERVICE of Second Notice of Depositions by E.E.O.C. on 5/18/00 of Kerry Mortis and Liz Huggins. (cc) (Entered: 05/25/2000)

May 19, 2000

May 19, 2000

21

CERTIFICATE OF SERVICE of Third Request for Production of Documents, served by E.E.O.C. on 7/10/00. (soa) (Entered: 07/12/2000)

July 11, 2000

July 11, 2000

22

CERTIFICATE OF SERVICE of Second Request for Production of Documents, served by E.E.O.C. on 7/7/00. (soa) (Entered: 07/12/2000)

July 12, 2000

July 12, 2000

24

CERTIFICATE OF SERVICE of documents designated as EEOC 0708 through EEOC 0745 by E.E.O.C. on 8/10/00. (cc) (Entered: 08/17/2000)

Aug. 15, 2000

Aug. 15, 2000

25

FIRST JOINT STIPULATION OF FACTS by parties. (Copy to Judge) (cc) (Entered: 08/17/2000)

Aug. 17, 2000

Aug. 17, 2000

26

MOTION by plaintiff E.E.O.C. to Compel Defendant's Response to Commission's Second and Third Requests for Production of Documents. (copy to Judge) (cc) (Entered: 08/24/2000)

Aug. 24, 2000

Aug. 24, 2000

27

RESPONSE by Green Lance, Inc. to [26-1] Commission's Motion to Compel Defendant's Response to Commission's Second and Third Requets for Production of Documents. (c to Judge) (cc) (Entered: 08/28/2000)

Aug. 25, 2000

Aug. 25, 2000

28

ORDER OF REFERENCE: Referring Motion(s) to Magistrate Judge James E. Seibert: re [26-1] motion to Compel and any other non-dispositive pre-trial motions filed in this case. (Signed by Judge Frederick P. Stamp Jr. ) (Copies to Judge, Magistrate Judge w/case file, Counsel) (cc) (Entered: 08/28/2000)

Aug. 28, 2000

Aug. 28, 2000

29

ORDER: Motion Hearing set for 1:30 9/15/00 for [26-1] motion to Compel . ( signed by Magistrate Judge James E. Seibert ) (c to counsel, Judge, MJ JES) (cc) (Entered: 09/05/2000)

Sept. 5, 2000

Sept. 5, 2000

Motion hearing held before Magistrate Seibert re: [26-1] motion to Compel. [Tape # 29 449-4820] (cc) (Entered: 09/15/2000)

Sept. 15, 2000

Sept. 15, 2000

30

TRANSCRIPT filed of hearing before MJ Seibert on 9/15/00. [Jack Bell CR] (c to MJ) (cc) (Entered: 09/29/2000)

Sept. 29, 2000

Sept. 29, 2000

31

MOTION (styled "Petition") by plaintiff E.E.O.C. for Payment of Costs . (copy to Judge, MJ JES) (cc) (Entered: 10/02/2000)

Sept. 29, 2000

Sept. 29, 2000

Motion(s) referred: [31-1] motion for Payment of Costs referred to Magistrate Judge James E. Seibert. (cc) (Entered: 10/02/2000)

Sept. 29, 2000

Sept. 29, 2000

32

ORDER CONFIRMING PRONOUNCED ORDER OF THE COURT: Objections to plaintiff's second and third requests for production are DENIED as untimely; granting [26-1] motion to Compel; Defendant is to produce all earnings statements and tax records and documentation reflecting fair market value and resale value of all property owned by defendant; such items shall be filed under SEAL ; Defendant is to produce all records with employee schedules and names from June 1998 through October 1998. Defendant is afforded an opportunity to be heard: Setting Hearing for 1:30 on 10/25/00 in the MJ's Courtroom. Plaintiff shall file an Affidavit with costs for bringing the motion to compel. ( signed by Judge James E. Seibert ) (c to counsel, Judge, MJ JES) [WSF-00-382] (cc) Modified on 10/03/2000 (Entered: 10/03/2000)

Oct. 3, 2000

Oct. 3, 2000

33

SEALED DOCUMENTS (discovery material filed per [32-1] order dated 10/3/00) placed in vault. (cc) (Entered: 10/12/2000)

Oct. 11, 2000

Oct. 11, 2000

35

MOTION by plaintiff E.E.O.C. To Allow Counsel to Appear and Negotiate for Federal Plaintiff . (copy to Judge) (cc) (Entered: 10/30/2000)

Oct. 30, 2000

Oct. 30, 2000

MEDIATION STATEMENT by EEOC. (c to Judge, Mediator) (cc) (Entered: 10/31/2000)

Oct. 31, 2000

Oct. 31, 2000

Mediation Statement by defendant Green Lance Inc. (c to Judge, Mediator) (cc) (Entered: 10/31/2000)

Oct. 31, 2000

Oct. 31, 2000

36

ORDER granting [35-1] motion To Allow Counsel to Appear and Negotiate for Federal Plaintiff. ( signed by Judge Frederick P. Stamp Jr. ) (c to counsel, Judge, mediator) (cc) (Entered: 11/03/2000)

Nov. 2, 2000

Nov. 2, 2000

37

ORDER Vacating Opportunity to be heard hearing. ( signed by Magistrate Judge James E. Seibert ) (c to counsel, Judge, MJ JES) (cc) (Entered: 11/03/2000)

Nov. 3, 2000

Nov. 3, 2000

38

MOTION by plaintiff E.E.O.C. to excuse Local Counsel . (copy to Judge w/Order) (rjs) (Entered: 11/07/2000)

Nov. 6, 2000

Nov. 6, 2000

39

ORDER: granting [38-1] motion to excuse Local Counsel from Settlement Week mediation scheduled for 11/9/00 at 1:00 p.m. (signed by Judge Frederick P. Stamp Jr.) (copy to Judge, counsel of record and Mediator) (rjs) (Entered: 11/07/2000)

Nov. 7, 2000

Nov. 7, 2000

40

MOTION by defendant Green Lance, Inc. to Amend Scheduling Order to Continue Trial and Pretrial Dates . (copy to Judge) (soa) (Entered: 11/09/2000)

Nov. 9, 2000

Nov. 9, 2000

41

SETTLEMENT WEEK CONFERENCE REPORT - case was not settled. (Copy to Judge & Clerk) (rjs) (Entered: 11/13/2000)

Nov. 9, 2000

Nov. 9, 2000

42

RESPONSE by E.E.O.C. to [40-1] motion to Amend Scheduling Order to Continue Trial and Pretrial Dates. (c to Judge) (cc) (Entered: 11/15/2000)

Nov. 15, 2000

Nov. 15, 2000

43

ORDER Setting Status Conference for 10:00 11/21/00 , Setting Scheduling Conference for 10:00 11/21/00 ( signed by Judge Frederick P. Stamp Jr. ) (c to counsel by fax and regular U.S. Mail, c to Judge) (cc) (Entered: 11/17/2000)

Nov. 17, 2000

Nov. 17, 2000

44

NOTICE of attorney appearance for Green Lance, Inc. by William J. Ihlenfeld. (c to Judge) (cc) (Entered: 11/17/2000)

Nov. 17, 2000

Nov. 17, 2000

45

ORDER granting [40-1] motion to Amend Scheduling Order to Continue Trial and Pretrial Dates: Amended Scheduling Order Deadlines: Deadline for filing of all motions by Discovery deadline on 7/2/01; Pretrial conference on 1:15 9/14/01; Proposed Pretrial order to be submitted by 9/19/01; Final Settlement Conference at 1:15 9/24/01; Jury Trial on 10/10/01, 8:30 a.m. in Wheeling; third case. ( signed by Judge Frederick P. Stamp Jr. ) (c to counsel, Judge) (cc) (Entered: 11/21/2000)

Nov. 21, 2000

Nov. 21, 2000

Status conference held before Judge Stamp. (soa) (Entered: 11/22/2000)

Nov. 21, 2000

Nov. 21, 2000

Scheduling conference held before Judge Stamp. (soa) (Entered: 11/22/2000)

Nov. 21, 2000

Nov. 21, 2000

47

MOTION by plaintiff E.E.O.C. to Excuse Local Counsel from appearing at mediation. (copy to Judge) (cc) (Entered: 07/03/2001)

July 2, 2001

July 2, 2001

48

CERTIFICATE OF SERVICE of Objections and Response to Defendant's Second Set of Interrogatories and All Exhibits by E.E.O.C. on 6/28/01. (cc) (Entered: 07/03/2001)

July 2, 2001

July 2, 2001

49

CERTIFICATE OF SERVICE of Objections and Responses to Defendant's Third Request for Production by E.E.O.C. on 6/28/01. (cc) (Entered: 07/03/2001)

July 2, 2001

July 2, 2001

50

ORDER granting [47-1] motion to Excuse Local Counsel from attending mediation. ( signed by Judge Frederick P. Stamp Jr. ) (c to counsel, Judge, mediator, clerk) (cc) (Entered: 07/03/2001)

July 3, 2001

July 3, 2001

51

MOTION with memorandum in support by E.E.O.C. To Allow Counsel to Appear and Negotiate for Federal Plaintiff. (c to Judge w/proposed order) (cc) (Entered: 07/06/2001)

July 6, 2001

July 6, 2001

Commission's SECOND MEDIATION STATEMENT. (Copy to Judge & Mediator) (rjs) (Entered: 07/09/2001)

July 9, 2001

July 9, 2001

SUPPLEMENTAL MEDIATION STATEMENT by Defendant received. (copy to Judge & Mediator) (rjs) (Entered: 07/11/2001)

July 10, 2001

July 10, 2001

52

ORDER granting [51-1] motion To Allow Counsel to Appear and Negotiate for Federal Plaintiff. ( signed by Judge Frederick P. Stamp Jr. ) (c to counsel by fax and regular U.S. Mail, c to Judge, mediator) (cc) Modified on 07/16/2001 (Entered: 07/16/2001)

July 16, 2001

July 16, 2001

53

SETTLEMENT WEEK CONFERENCE REPORT by mediator: this case did not settle. (Copy to Judge) (cc) (Entered: 07/17/2001)

July 17, 2001

July 17, 2001

54

ORDER: Rescheduling Pretrial Conference for 12:00 p.m. on 9/27/01. (signed by Judge Frederick P. Stamp Jr.) (copy to Judge & all counsel of record) (rjs) (Entered: 08/31/2001)

Aug. 31, 2001

Aug. 31, 2001

55

ORDER Rescheduling Pretrial Conference for 10:00 9/28/01. ( signed by Judge Frederick P. Stamp Jr. ) (c to counsel, Judge) (cc) (Entered: 09/06/2001)

Sept. 6, 2001

Sept. 6, 2001

56

MOTION by plaintiff E.E.O.C. To Excuse Local Counsel . (copy to Judge) (cc) (Entered: 09/12/2001)

Sept. 11, 2001

Sept. 11, 2001

57

ORDER granting [56-1] motion To Excuse Local Counsel from attending pre-trial conference on 9/28/01. ( signed by Judge Frederick P. Stamp Jr. ) (c to counsel, Judge) (cc) (Entered: 09/12/2001)

Sept. 12, 2001

Sept. 12, 2001

58

ORDER OF DISMISSAL : this case has been compromised and settled and is DISMISSED and retired from the docket of the Court, subject to reopening within 90 days. ( signed by Judge Frederick P. Stamp Jr. ) (c to counsel, Judge) [WSF-01-360] (cc) (Entered: 09/26/2001)

Sept. 26, 2001

Sept. 26, 2001

59

STIPULATION AND ORDER OF DISMISSAL , w/Settlement Agreement ( signed by Judge Frederick P. Stamp Jr. ) (c to counsel, Judge) [WSF-01-360] (cc) (Entered: 10/15/2001)

Oct. 15, 2001

Oct. 15, 2001

Case Details

State / Territory: West Virginia

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 30, 1999

Closing Date: Oct. 15, 2001

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

Green Lance, Inc., Private Entity/Person

Case Details

Causes of Action:

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

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Issues

Discrimination-area:

Disparate Treatment

EEOC-centric:

Direct Suit on Merits