Case: EEOC v. LOWE'S

1:05-cv-00373 | U.S. District Court for the District of Delaware

Filed Date: June 8, 2005

Closed Date: 2006

Clearinghouse coding complete

Case Summary

On June 8, 2005, the Wilmington and Philadelphia offices of the Equal Employment Opportunity Commission filed a lawsuit under Title VII against Lowes Home Centers, Inc. in the U.S. District Court for the District of Delaware. The EEOC alleged that the defendant had violated the constitutional rights of the complainant by failing to promote her and by subjecting her to a hostile work environment on the basis of her gender, eventually constructively discharging her.On November 21, 2005, the case…

On June 8, 2005, the Wilmington and Philadelphia offices of the Equal Employment Opportunity Commission filed a lawsuit under Title VII against Lowes Home Centers, Inc. in the U.S. District Court for the District of Delaware. The EEOC alleged that the defendant had violated the constitutional rights of the complainant by failing to promote her and by subjecting her to a hostile work environment on the basis of her gender, eventually constructively discharging her.

On November 21, 2005, the case was referred to mediation with a magistrate judge. On July 6, 2006, one week after the scheduled mediation, the EEOC filed a voluntary stipulation of dismissal of some of the plaintiff's claims. The district court adopted this stipulation and dismissed the claims, closing the case. On the same day, the court noted that the case was closed in error and reopened it.

On August 29, 2006, the EEOC filed a motion to intervene in the case. (This is odd due to the fact that the EEOC was already the only plaintiff in the case, but the docket records the motion.) The EEOC then filed another stipulation of voluntary dismissal on October 3, 2006. On November 2, 2006, the district court granted the EEOC's motion to intervene, and that is the final docket entry in the case. We have no further information on the proceedings in this case.

Summary Authors

Kristen Sagar (4/8/2008)

Documents in the Clearinghouse

Document

1:05-cv-00373

Docket (PACER)

EEOC v. Lowe's Home Centers Inc.

Nov. 2, 2006

Nov. 2, 2006

Docket
1

1:05-cv-00373

Complaint

EEOC v. Lowe's Home Centers Inc.

June 8, 2005

June 8, 2005

Complaint

Resources

Docket

Last updated March 29, 2024, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed with Jury Demand against Lowe's Home Centers Inc. - Magistrate Consent Notice to Pltf. - filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet # 2 Acknowledgement of Consent Form)(mwm, ) (Entered: 06/08/2005)

June 8, 2005

June 8, 2005

Summons Issued as to Lowe's Home Centers Inc. on 6/8/2005. (mwm, ) (Entered: 06/08/2005)

June 8, 2005

June 8, 2005

Case assigned to Judge Joseph J. Farnan, Jr. Please include the initials of the Judge (JJF) after the case number on all documents filed. (rjb, ) (Entered: 06/15/2005)

June 15, 2005

June 15, 2005

2

Return of Service Executed by Equal Employment Opportunity Commission. Lowe's Home Centers Inc. served on 6/24/2005, answer due 7/14/2005. (afb, ) (Entered: 07/12/2005)

July 11, 2005

July 11, 2005

3

ANSWER to Complaint by Lowe's Home Centers Inc..(Primack, David) (Entered: 07/13/2005)

July 13, 2005

July 13, 2005

4

STATEMENT Of Corporate Ownership Of Defendant by Lowe's Home Centers Inc.. (Primack, David) (Entered: 07/13/2005)

July 13, 2005

July 13, 2005

5

MOTION for Pro Hac Vice Appearance of Attorney Gregory W. Homer and Thomas J. Barton - filed by Lowe's Home Centers Inc.. (Primack, David) (Entered: 07/13/2005)

July 13, 2005

July 13, 2005

7

MOTION and Order for Admission Pro Hac Vice - filed by Equal Employment Opportunity Commission. (Contreras, Rudolph) (Entered: 07/13/2005)

July 13, 2005

July 13, 2005

SO ORDERED, re 5 MOTION for Pro Hac Vice Appearance of Attorney Gregory W. Homer and Thomas J. Barton filed by Lowe's Home Centers Inc. Signed by Judge Joseph J. Farnan, Jr. on 07/13/05. (afb, ) (Entered: 07/15/2005)

July 13, 2005

July 13, 2005

SO ORDERED, re 7 MOTION and Order for Admission Pro Hac Vice of Judith A. O. Boyle and Stephanie Marino filed by Equal Employment Opportunity Commission . Signed by Judge Joseph J. Farnan, Jr. on 07/14/05. (afb, ) (Entered: 07/15/2005)

July 14, 2005

July 14, 2005

8

MOTION to Allow EEOC Attorneys to Appear Without Local Counsel - filed by Equal Employment Opportunity Commission. (Contreras, Rudolph) (Entered: 07/27/2005)

July 27, 2005

July 27, 2005

9

ORDER granting 8 Motion to Allow EEOC Attorneys, Judith A. O'Boyle and Stephanie Marino to appear without local cnsl . Signed by Judge Joseph J. Farnan, Jr. on 07/28/05. (afb, ) (Entered: 07/29/2005)

July 28, 2005

July 28, 2005

10

Letter to Cnsl. from the Court requesting cnsl. to confer and submit to the Court a Proposed Pretrial Scheduling Order by 11/21/05. (Attachments: # 1 Proposed Scheduling Order)(afb, ) (Entered: 11/07/2005)

Nov. 7, 2005

Nov. 7, 2005

Set Deadlines: Notice of Compliance deadline set for 11/21/2005 per D.I. 10. (afb, ) (Entered: 11/07/2005)

Nov. 7, 2005

Nov. 7, 2005

11

Letter to The Honorable Joseph J. Farnan, Jr. from David P. Primack, Esq. regarding EEOC v. Lowe's Home Center. (Attachments: # 1 Text of Proposed Order)(Primack, David) (Entered: 11/18/2005)

Nov. 18, 2005

Nov. 18, 2005

12

RULE 16 SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Pre-Discovery Disclosures ddl. 12/01/05; Joinder of Parties due by 12/1/2005. Amended Pleadings due by 2/1/2006. Written Discovery due by 2/24/2006,Fact Discovery due by 07/31/06, rpts. from retained experts are due from the pltf. by 08/31/06; from the deft. by 09/29/06; Dispositive Motions due by 10/31/2005.. Signed by Judge Joseph J. Farnan, Jr. on 11/21/05. (afb, ) Modified on 11/21/2005 (afb, ). (Entered: 11/21/2005)

Nov. 21, 2005

Nov. 21, 2005

CASE REFERRED to Mediation. (cab, ) (Entered: 11/21/2005)

Nov. 21, 2005

Nov. 21, 2005

13

Order Setting Teleconference: Telephone Conference set for 1/3/2006 09:00 AM before Honorable Mary Pat Thynge to discuss ADR. Signed by Judge Mary Pat Thynge on 11/21/2005. (cab, ) (Entered: 11/21/2005)

Nov. 21, 2005

Nov. 21, 2005

Set Discovery ddl. due by 7/31/2006 per D.I. 12. (afb, ) (Entered: 11/21/2005)

Nov. 21, 2005

Nov. 21, 2005

CORRECTING ENTRY: clerk updated docket entry D.I. 12 to reflect Fact Discovery ddl. of 07/31/06. (afb, ) (Entered: 11/21/2005)

Nov. 21, 2005

Nov. 21, 2005

15

Notice of Service re: INITIAL DISCLOSURES pursuant to Rule 26 by Equal Employment Opportunity Commission.(Marino, Stephanie) Modified on 2/10/2006 (afb, ). (Entered: 11/30/2005)

Nov. 30, 2005

Nov. 30, 2005

16

ORDER, Setting Hearings Pretrial Conference set for 1/11/2007 at 01:00 PM in Courtroom 4B before Honorable Joseph J. Farnan, Jr.; Trial will be scheduled at the Pretrial Cnf. to commence within 120 days of the pretrial cnf.; Signed by Judge Joseph J. Farnan, Jr. on 12/01/05. (afb, ) (Entered: 12/01/2005)

Dec. 1, 2005

Dec. 1, 2005

17

NOTICE OF SERVICE of Initial Disclosures by Lowe's Home Centers Inc..(Primack, David) (Entered: 12/01/2005)

Dec. 1, 2005

Dec. 1, 2005

SO ORDERED, re 14 Stipulation to Amend Dispositive Motion ddl. from 10/31/05 to 10/31/06 filed by Equal Employment Opportunity Commission, . Signed by Judge Joseph J. Farnan, Jr. on 12/01/05. (afb, ) (Entered: 12/01/2005)

Dec. 1, 2005

Dec. 1, 2005

Set/Reset Scheduling Order Deadlines: Dispositive Motions due by 10/31/2006 per D.I. 14. (afb, ) (Entered: 12/01/2005)

Dec. 1, 2005

Dec. 1, 2005

18

ORDER Setting Mediation Conferences: Mediation Conference set for 6/26/2006 10:00 AM in Courtroom 6C before Honorable Mary Pat Thynge. Signed by Judge Mary Pat Thynge on 1/3/2006. (cab, ) (Entered: 01/03/2006)

Jan. 3, 2006

Jan. 3, 2006

19

Notice of Service re:First INTERROGATORIES Propounded to Defendant Lowe's Home Center's Inc. by Equal Employment Opportunity Commission.(Marino, Stephanie) Modified on 1/27/2006 (afb, ). (Entered: 01/26/2006)

Jan. 26, 2006

Jan. 26, 2006

20

Notice of Service re: REQUEST for Production of Documents directed to Defendant Lowe's Home Center's, Inc. by Equal Employment Opportunity Commission.(Marino, Stephanie) Modified on 1/27/2006 (afb, ). (Entered: 01/26/2006)

Jan. 26, 2006

Jan. 26, 2006

CORRECTING ENTRY: Clerk updated docket entries (D.I. 19 and 20) to reflect Notice of Service. (afb, ) (Entered: 01/27/2006)

Jan. 26, 2006

Jan. 26, 2006

21

CERTIFICATE OF SERVICE of Defendant Lowe's Home Centers, Inc.'s First Request for Production of Documents and First Set of Interrogatories Directed to Plaintiff Equal Employment Opportunity Commission by Lowe's Home Centers Inc. (Primack, David) (Entered: 02/02/2006)

Feb. 2, 2006

Feb. 2, 2006

22

Notice of Service re: Second INTERROGATORIES Propounded to Defendant Lowe's by Equal Employment Opportunity Commission.(Marino, Stephanie) Modified on 2/10/2006 (afb, ). (Entered: 02/09/2006)

Feb. 9, 2006

Feb. 9, 2006

23

Notice of Service re: REQUEST for Production of Documents directed to Defendant Lowe's by Equal Employment Opportunity Commission.(Marino, Stephanie) Modified on 2/10/2006 (afb, ). (Entered: 02/09/2006)

Feb. 9, 2006

Feb. 9, 2006

24

NOTICE OF SERVICE of Responses and Objections to Defendant's First Set of Interrogatories by Equal Employment Opportunity Commission.(Marino, Stephanie) (Entered: 03/20/2006)

March 20, 2006

March 20, 2006

25

NOTICE OF SERVICE of Responses and Objections to Defendant's First Request for Production of Documents by Equal Employment Opportunity Commission.(Marino, Stephanie) (Entered: 03/20/2006)

March 20, 2006

March 20, 2006

26

NOTICE OF SERVICE of Defendant Lowe's Home Centers, Inc.'s Responses and Objections to Plaintiff's First Set of Interrogatories and Privilege Log by Lowe's Home Centers Inc..(Primack, David) (Entered: 03/22/2006)

March 22, 2006

March 22, 2006

27

NOTICE to Take Deposition of Linda Whitmore on Friday, April 28, 2006 at 10:00 a.m. by Lowe's Home Centers Inc..(Primack, David) (Entered: 03/22/2006)

March 22, 2006

March 22, 2006

28

NOTICE to Take Deposition of Linda Whitmore on Friday, April 28, 2006 at 10:00 a.m. (Revised Notice of Deposition - Videotape) by Lowe's Home Centers Inc..(Primack, David) (Entered: 03/22/2006)

March 22, 2006

March 22, 2006

29

MOTION for Extension of Time to Rule 37 Motion to Allow Enlargement of Time To Take Deposition of Linda Whitmore - filed by Lowe's Home Centers Inc.. (Attachments: # 1 Exhibit Certification of Counsel# 2 Text of Proposed Order Order# 3 Exhibit Certificate of Service)(Primack, David) (Entered: 04/12/2006)

April 12, 2006

April 12, 2006

30

RESPONSE to Motion re 29 MOTION for Extension of Time to Rule 37 Motion to Allow Enlargement of Time To Take Deposition of Linda Whitmore filed by Equal Employment Opportunity Commission. (Attachments: # 1 Certificate of Service# 2 Text of Proposed Order)(Marino, Stephanie) (Entered: 04/13/2006)

April 13, 2006

April 13, 2006

31

ORDER that Defendant is permitted to depose Linda Whitmore, for up to fourteen (14) hours over a two-day period. Signed by Judge Joseph J. Farnan, Jr. on 04/20/06. (afb, ) (Entered: 04/20/2006)

April 20, 2006

April 20, 2006

32

NOTICE OF SUBSTITUTION OF COUNSEL re Equal Employment Opportunity Commission: Entry of appearance of attorney Douglas Edward McCann. Attorney Rudolph Contreras terminated. (McCann, Douglas) (Entered: 04/26/2006)

April 26, 2006

April 26, 2006

33

NOTICE OF SERVICE of Supplemental Initial Disclosures pursuant to Rule 26. re 15 Initial Disclosures by Equal Employment Opportunity Commission. Related document: 15 Initial Disclosures filed by Equal Employment Opportunity Commission,.(Marino, Stephanie) (Entered: 05/01/2006)

May 1, 2006

May 1, 2006

34

NOTICE OF SERVICE of Supplemental Document Production re 25 Notice of Service by Equal Employment Opportunity Commission. Related document: 25 Notice of Service filed by Equal Employment Opportunity Commission,.(Marino, Stephanie) (Entered: 05/01/2006)

May 1, 2006

May 1, 2006

35

NOTICE to Take Deposition of Donovan, Lawrence, Thomson, Hinch, Buzzurro, Anderson, West & Boyell on 6/29/06, 7/6/06, 7/11/06, 7/14/06 & 7/20/06 by Equal Employment Opportunity Commission. (Attachments: # 1 Deposition Notice)(Marino, Stephanie) (Entered: 06/01/2006)

June 1, 2006

June 1, 2006

36

NOTICE OF SERVICE of Supplemental Rule 26 Disclosures and Supplemental Answers to Defendant's Interrogatories by Equal Employment Opportunity Commission.(Marino, Stephanie) (Entered: 06/01/2006)

June 1, 2006

June 1, 2006

37

First MOTION for Extension of Time to Complete Discovery (Stipulation of Counsel) - filed by Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order)(Marino, Stephanie) (Entered: 06/29/2006)

June 29, 2006

June 29, 2006

38

STIPULATION of Dismissal of Plaintiff's claims brought under U.S.C. sections 2000e et seq. by Lowe's Home Centers Inc.. (Primack, David) (Entered: 07/05/2006)

July 5, 2006

July 5, 2006

SO ORDERED, re 38 Stipulation of Voluntary Dismissal of all of Pltf.'s claims brought under U.S.C. 2000e et seq. alleging gender based harassment or hostile work environment, including without limitation all claims related to and arising out of the allegations of paragraph 7(b) of the Complaint, shall be dismissed forthwith with prejudice, without costs. Signed by Judge Joseph J. Farnan, Jr. on 07/06/06. (afb, ) (Entered: 07/07/2006)

July 6, 2006

July 6, 2006

CASE CLOSED per D.I. 38. (afb, ) (Entered: 07/10/2006)

July 6, 2006

July 6, 2006

CORRECTING ENTRY: Case was closed in error. Case is reopened. (afb, ) (Entered: 07/13/2006)

July 6, 2006

July 6, 2006

39

ORDER, Pretrial Conference reset for 2/1/2007 09:30 AM in Courtroom 4B before Honorable Joseph J. Farnan, Jr. Signed by Judge Joseph J. Farnan, Jr. on 7/17/06. (maw, ) Additional attachment(s) added on 7/18/2006 (maw, ). (Entered: 07/18/2006)

July 17, 2006

July 17, 2006

40

ORDER: Fact Discovery due by 9/30/2006. Dispositive Motions due by 11/30/2006. Signed by Judge Joseph J. Farnan, Jr. on 7/18/06. (maw, ) (Entered: 07/19/2006)

July 18, 2006

July 18, 2006

41

First MOTION to Intervene - filed by Equal Employment Opportunity Commission. (Martin, Jeffrey) (Entered: 08/29/2006)

Aug. 29, 2006

Aug. 29, 2006

42

PROPOSED ORDER Order on Intervening Party's Motion for Intervention by Equal Employment Opportunity Commission. (Martin, Jeffrey) (Entered: 08/29/2006)

Aug. 29, 2006

Aug. 29, 2006

43

CERTIFICATE OF SERVICE of Certificate of service on Motion to Intervene by Equal Employment Opportunity Commission (Martin, Jeffrey) (Entered: 08/29/2006)

Aug. 29, 2006

Aug. 29, 2006

44

STIPULATION of Dismissal (Voluntary) pursuant to F.R.C.P. 41(a)(1) by Equal Employment Opportunity Commission. (Marino, Stephanie) (Entered: 09/28/2006)

Sept. 28, 2006

Sept. 28, 2006

45

Stipulation of Voluntary Dismissal by Equal Employment Opportunity Commission, Lowe's Home Centers Inc. Each party shall bear its own attorney's fees and costs. Signed by Judge Joseph J. Farnan, Jr.(dab, ) Modified on 10/3/2006 (dab, ). (Entered: 10/03/2006)

Oct. 3, 2006

Oct. 3, 2006

CORRECTING ENTRY: Text added to DI #45 (dab, ) (Entered: 10/03/2006)

Oct. 3, 2006

Oct. 3, 2006

47

ORDER GRANTING re 41 First MOTION to Intervene filed by Equal Employment Opportunity Commission and that Intervening Party is granted leave to file Complaint in Intervention. ORDER, Setting Deadlines: Notice of Compliance deadline set for 11/22/2006. Signed by Judge Joseph J. Farnan, Jr. on 11/2/06. (dab, ) (Entered: 11/03/2006)

Nov. 2, 2006

Nov. 2, 2006

Case Details

State / Territory: Delaware

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: June 8, 2005

Closing Date: 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

Lowe's Home Centers Inc. (Lewes, Delaware), Private Entity/Person

Case Details

Causes of Action:

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

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

None

Unknown

Source of Relief:

None

Issues

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Promotion

Discrimination-basis:

Sex discrimination

Affected Sex or Gender:

Female

EEOC-centric:

Direct Suit on Merits