Case: EEOC and ABRAMS v. FREEMAN MECHANICAL INC

6:02-cv-01783 | U.S. District Court for the District of South Carolina

Filed Date: May 22, 2002

Closed Date: March 5, 2003

Clearinghouse coding complete

Case Summary

This Title VII action was brought in the U.S. District Court for the District of South Carolina, against Freeman Mechanical Inc. The complaint, filed in May 2002, alleged race discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964, specifically that Defendant had racially harassed the charging party and then discharged him because of his complaints about the racial harassment. The EEOC filed for partial summary judgment in November 2002 but the motion was den…

This Title VII action was brought in the U.S. District Court for the District of South Carolina, against Freeman Mechanical Inc. The complaint, filed in May 2002, alleged race discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964, specifically that Defendant had racially harassed the charging party and then discharged him because of his complaints about the racial harassment. The EEOC filed for partial summary judgment in November 2002 but the motion was denied in December 2002.

In March 2003 the parties entered into a consent decree. The decree was valid for two years and enjoined Defendant from discriminating or retaliating in violation of Title VII. Defendant was also required to pay the charging party $10,000, provide him with a neutral employment reference, post a notice of non-discrimination at its facility, provide annual EEO training to its employees, and regularly report to the EEOC about its compliance with the decree.

Summary Authors

Shankar Viswanathan (7/6/2007)

Documents in the Clearinghouse

Document

6:02-cv-01783

Docket

EEOC et al v. Freeman Mechanical et al

March 5, 2003

March 5, 2003

Docket
1

6:02-cv-01783

Complaint

EEOC v. Freeman Mechanical, Inc.

May 22, 2002

May 22, 2002

Complaint
5

6:02-cv-01783

Amended Complaint

EEOC v. Freeman Mechanical, Inc. et al

July 22, 2002

July 22, 2002

Pleading / Motion / Brief
25

6:02-cv-01783

Amended Complaint

EEOC v. Freeman Mechanical, Inc. et al

Oct. 17, 2002

Oct. 17, 2002

Complaint
37

6:02-cv-01783

Magistrate Judge Report and Recommendations

EEOC v. Freeman Mechanical, Inc. et al

Dec. 13, 2002

Dec. 13, 2002

Magistrate Report/Recommendation
42

6:02-cv-01783

Consent Decree

EEOC v. Freeman Mechanical, Inc. et al

March 5, 2003

March 5, 2003

Settlement Agreement

Resources

Docket

Last updated Feb. 16, 2024, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT; Scheduling order due by 8/30/02 Service due by 9/19/02 for Freeman Mechanical (jtho) (Entered: 05/23/2002)

May 22, 2002

May 22, 2002

2

SUMMONS issued for defendant Freeman Mechanical (jtho) (Entered: 05/23/2002)

May 22, 2002

May 22, 2002

3

ANSWER to Local Rule 26 Interrogatories by plaintiff EEOC; jury demand (dnap) (Entered: 06/18/2002)

June 17, 2002

June 17, 2002

4

AFFIDAVIT OF SERVICE of summons and complaint executed as to defendant Freeman Mechanical 6/18/02 Assignment Interrogatories due on 7/18/02 for Freeman Mechanical ; Answer due on 7/8/02 for Freeman Mechanical. (jtho) (Entered: 07/09/2002)

July 8, 2002

July 8, 2002

5

AMENDED COMPLAINT by plaintiff EEOC , (Answer due 8/1/02 for Freeman Mechanical ) Service due by 11/19/02 for Freeman Mechanical amending [1-1] complaint against defendant Freeman Mech LLC, FMC of Greenville; jury demand (jtho) (Entered: 07/22/2002)

July 22, 2002

July 22, 2002

6

ANSWER to Complaint by defendant Freeman Mechanical, defendant FMC of Greenville (Attorney W. Andrew Arnold), Assignment Interrogatories due on 8/5/02 for FMC of Greenville, for Freeman Mechanical ; (jtho) (Entered: 07/29/2002)

July 25, 2002

July 25, 2002

7

ANSWER to Local Rule 26 Interrogatories by defendant Freeman Mechanical, defendant FMC of Greenville (jtho) (Entered: 07/29/2002)

July 25, 2002

July 25, 2002

8

CONFERENCE AND SCHEDULING ORDER setting 26(f) Conference no later than 8/19/02 ; 26(a) Initial Disclosures served by 9/3/02 ; 26(f) Report filed by 9/3/02 ; Joining of parties,amending of pleadings on 9/23/02 ; Plaintiff's ID of Experts set for 10/23/02 ; Defendant's ID of Experts set for 11/22/02 ; Records Custodian Affidavit filed by 5/2/03 ; Discovery cutoff 4/18/03 ; Motion In Limine filed by 5/26/02 ; Deadline for filing of all motions 4/3/03 ; 26(a)3 Pretrial Disclosures filed by 5/2/03 ; Pretrial Brief filed by 5/26/03 ; Jury Selection deadline set for 6/2/03 ; ADR Statement/Cert due by 4/3/03 Mediation deadline for 5/19/03 ( signed by Judge Terry L. Wooten ) eod 7/30/02, svd. (jtho) (Entered: 07/30/2002)

July 30, 2002

July 30, 2002

9

AFFIDAVIT OF SERVICE of summons and complaint executed as to defendant Freeman Mechanical 7/24/02 Assignment Interrogatories due on 8/23/02 for Freeman Mechanical ; Answer due on 8/13/02 for Freeman Mechanical executed by certified mail (jtho) (Entered: 08/01/2002)

Aug. 1, 2002

Aug. 1, 2002

10

MOTION by plaintiff EEOC for entry of default as to Freeman Mechanical, Inc. (jtho) (Entered: 08/13/2002)

Aug. 13, 2002

Aug. 13, 2002

11

AFFIDAVIT OF SERVICE of summons and complaint executed as to defendant Freeman Mechanical 8/5/02 Assignment Interrogatories due on 9/4/02 for Freeman Mechanical ; Answer due on 8/26/02 for Freeman Mechanical executed by certified mail (jtho) (Entered: 08/15/2002)

Aug. 14, 2002

Aug. 14, 2002

12

AMENDED MOTION by plaintiff EEOC for entry of default as to Freeman Mechanical (jtho) (Entered: 08/16/2002)

Aug. 16, 2002

Aug. 16, 2002

13

RESPONSE by defendant FMC of Greenville to [12-1] motion for entry of default as to Freeman Mechanical (jtho) (Entered: 08/27/2002)

Aug. 23, 2002

Aug. 23, 2002

14

AMENDED ANSWER to Local Rule 26 Interrogatories by defendant Freeman Mechanical Inc., defendant FMC of Greenville (jtho) (Entered: 09/04/2002)

Sept. 3, 2002

Sept. 3, 2002

15

26(f) Report by EEOC, Freeman Mechanical, FMC of Greenville . Parties disagree to Conference and Scheduling Order. (jtho) (Entered: 09/04/2002)

Sept. 3, 2002

Sept. 3, 2002

16

26(f) Answers to Local Rule 26 Interrogatories by Freeman Mechanical, FMC of Greenville . (jtho) Modified on 03/07/2003 (Entered: 09/04/2002)

Sept. 3, 2002

Sept. 3, 2002

17

26(f) Answers to Local Rule 26 Interrogatories by EEOC . (jtho) (Entered: 09/04/2002)

Sept. 3, 2002

Sept. 3, 2002

18

CONSENT AMENDED CONFERENCE AND SCHEDULING ORDER setting Joining of parties,amending of pleadings on 10/21/02 ; Plaintiff's ID of Experts set for 12/16/02 ; Defendant's ID of Experts set for 1/13/03 ; Records Custodian Affidavit filed by 4/14/03 ; Discovery cutoff 5/16/03 ; Motion In Limine filed by 7/28/03 ; Deadline for filing of all motions 6/2/03 ; 26(a)3 Pretrial Disclosures filed by 7/14/03 ; Pretrial Brief filed by <date not set> ; Jury Selection deadline set for 8/4/03 ; ADR Statement/Cert due by 3/5/03 Mediation deadline for 4/3/03 ( signed by Magistrate Judge William M. Catoe ) eod 9/9/02, svd. (jtho) (Entered: 09/09/2002)

Sept. 9, 2002

Sept. 9, 2002

19

MOTION by plaintiff EEOC for entry of default as to Freeman Mechanical (jtho) (Entered: 09/12/2002)

Sept. 12, 2002

Sept. 12, 2002

Minute entry: mooting [12-1] motion for entry of default as to Freeman Mechanical - second amended motion for entry of default filed 9/12/02. (jtho) (Entered: 09/16/2002)

Sept. 16, 2002

Sept. 16, 2002

20

CLERK'S ENTRY OF DEFAULT as to defendant Freeman Mechanical granting [19-1] motion for entry of default as to Freeman Mechanical (jtho) (Entered: 09/16/2002)

Sept. 16, 2002

Sept. 16, 2002

24

MOTION by movant Don Abrams to join (fbos) (Entered: 10/16/2002)

Sept. 23, 2002

Sept. 23, 2002

21

ANSWER to Complaint by defendant FMC of Greenville (Attorney W. Andrew Arnold ) (jtho) (Entered: 09/24/2002)

Sept. 24, 2002

Sept. 24, 2002

22

MOTION with exhibits A and B by plaintiff EEOC to amend [1-1] complaint , for issuance of an amended summons (jtho) Modified on 10/07/2002 (Entered: 10/07/2002)

Oct. 7, 2002

Oct. 7, 2002

23

ORDER granting [22-1] motion to amend [1-1] complaint, granting [22-2] motion for issuance of an amended summons ( signed by Magistrate Judge William M. Catoe ) eod 10/10/02, svd. (jtho) (Entered: 10/10/2002)

Oct. 10, 2002

Oct. 10, 2002

AMENDED COMPLAINT by plaintiff EEOC , (Answer due 10/28/02 for FMC of Greenville, for Freeman Mechanical ) amending [1-1] complaint against defendant FMC of Atlanta LLC; jury demand (jtho) (Entered: 10/17/2002)

Oct. 17, 2002

Oct. 17, 2002

25

AMENDED COMPLAINT by plaintiff EEOC , (Answer due 10/28/02 for FMC of Atlanta LLC, for FMC of Greenville, for Freeman Mechanical ) amending [1-1] complaint - adding party FMC of Atlanta LLC, terminating party FMC LLC; jury demand (jtho) (Entered: 10/17/2002)

Oct. 17, 2002

Oct. 17, 2002

26

SUMMONS issued for defendant FMC of Atlanta LLC (jtho) (Entered: 10/17/2002)

Oct. 17, 2002

Oct. 17, 2002

27

MOTION by defendant FMC of Greenville to dismiss , or in the alternative to strike all demands and prayers for relief seeking punitive damages, injunctive relief, and all other relief not necessary to make Don Abrans whole from the Second Amended Complaint (jtho) (Entered: 10/24/2002)

Oct. 23, 2002

Oct. 23, 2002

28

MEMORANDUM by defendant FMC of Greenville in support of [27-1] motion to dismiss, [27-2] motion to strike all demands and prayers for relief seeking punitive damages, injunctive relief, and all other relief not necessary to make Don Abrans whole from the Second Amended Complaint (jtho) (Entered: 10/24/2002)

Oct. 23, 2002

Oct. 23, 2002

29

ORDER granting [24-1] motion to join Don Abrams to join this action as a party plaintiff ( signed by Magistrate Judge William M. Catoe ) eod 10/25/02, svd. (jtho) (Entered: 10/25/2002)

Oct. 25, 2002

Oct. 25, 2002

30

RESPONSE by plaintiff EEOC to [27-1] motion to dismiss, [27-2] motion to strike all demands and prayers for relief seeking punitive damages, injunctive relief, and all other relief not necessary to make Don Abrans whole from the Second Amended Complaint (jtho) (Entered: 11/08/2002)

Nov. 7, 2002

Nov. 7, 2002

31

NOTICE of Hearing before Magistrate Judge William M. Catoe set Motion Hearing to 11:00 12/11/02 for [27-1] motion to dismiss (jtho) (Entered: 11/20/2002)

Nov. 20, 2002

Nov. 20, 2002

32

NOTICE of Hearing before Magistrate Judge William M. Catoe reset Motion Hearing to 10:00 12/11/02 for [27-1] motion to dismiss (jtho) (Entered: 11/20/2002)

Nov. 20, 2002

Nov. 20, 2002

33

AFFIDAVIT OF SERVICE of summons and complaint executed as to defendant FMC of Atlanta LLC 11/15/02 Assignment Interrogatories due on 12/16/02 for FMC of Atlanta LLC ; Answer due on 12/5/02 for FMC of Atlanta LLC executed by certified mail. Acknowledgement of Receipt attached. (jtho) Modified on 11/25/2002 (Entered: 11/25/2002)

Nov. 25, 2002

Nov. 25, 2002

34

MOTION by plaintiff EEOC for partial summary judgment (jtho) (Entered: 11/25/2002)

Nov. 25, 2002

Nov. 25, 2002

35

MEMORANDUM with exhibits A-F by plaintiff EEOC in support of [34-1] motion for partial summary judgment (jtho) (Entered: 11/25/2002)

Nov. 25, 2002

Nov. 25, 2002

36

MOTION HEARING [34-1] motion for partial summary judgment, [27-1] motion to dismiss held ORAL ORDER [34-1] motion for partial summary judgment taken under advisement, [27-1] motion to dismiss taken under advisement (before Magistrate Judge William M. Catoe ) Court Reporter: Kirkley. (kric) (Entered: 12/11/2002)

Dec. 11, 2002

Dec. 11, 2002

37

REPORT AND RECOMMENDATIONS of Magistrate Judge William M. Catoe Re: [34-1] motion for partial summary judgment be denied, [27-1] motion to dismiss be denied ; Motion no longer referred Objections to R and R due by 1/3/03. eod 12/13/02, svd. (jtho) (Entered: 12/13/2002)

Dec. 13, 2002

Dec. 13, 2002

38

OBJECTION by plaintiff EEOC to [37-1] report and recommendations (acas) (Entered: 12/31/2002)

Dec. 30, 2002

Dec. 30, 2002

39

AMENDED CONFERENCE AND SCHEDULING ORDER setting Joining of parties,amending of pleadings on 10/21/02 ; Plaintiff's ID of Experts set for 4/1/03 ; Defendant's ID of Experts set for 4/14/03 ; Records Custodian Affidavit filed by 4/14/03 ; Discovery cutoff 5/16/03 ; Motion In Limine filed by 7/28/03 ; Deadline for filing of all motions 6/2/03 ; Mediation deadline for 4/3/03 Mediation Statement filed by 3/5/03 ; 26(a)3 Pretrial Disclosures filed by 7/14/03 ; Pretrial Brief filed by 7/28/03 ; Jury Selection deadline set for 8/4/03 ; ( signed by Magistrate Judge William M. Catoe )eod 1/13/03, svd. (jtho) (Entered: 01/13/2003)

Jan. 13, 2003

Jan. 13, 2003

40

AFFIDAVIT OF DEFAULT by plaintiff EEOC as to defendant FMC of Atlanta LLC . Party not an infant, not incompetent, nor in the military, has been served on November 25, 2002. (jtho) (Entered: 02/03/2003)

Feb. 3, 2003

Feb. 3, 2003

40

CLERK'S ENTRY OF DEFAULT as to defendant FMC of Atlanta LLC (jtho) (Entered: 02/03/2003)

Feb. 3, 2003

Feb. 3, 2003

42

ORDER approving Consent Decree of settlement. Parties shall bear their own attorney's fees and costs. ( signed by Judge Terry L. Wooten ) eod 3/6/03, svd. (acas) (Entered: 03/06/2003)

March 5, 2003

March 5, 2003

Case closed (acas) (Entered: 03/06/2003)

March 5, 2003

March 5, 2003

Case Details

State / Territory: South Carolina

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: May 22, 2002

Closing Date: March 5, 2003

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

Freman Mechanical, Inc. (Greenville), 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

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: 10000

Order Duration: 2003 - 2005

Content of Injunction:

Neutral/Positive Reference

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Monitoring

Issues

General:

Retaliation

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit