Case: EEOC v. JOHN MORRELL & CO.

4:99-cv-04174 | U.S. District Court for the District of South Dakota

Filed Date: Sept. 27, 1999

Closed Date: Jan. 4, 2001

Clearinghouse coding complete

Case Summary

In September 1999, the Denver office of the EEOC brought this Title VII suit against John Morrell & Co. in the U.S. District Court for the District of South Dakota. The complaint alleged that the defendant discriminated against the claimant because of his national origin (Mexican). More specifically, the defendant allegedly failed to rehire the claimant after an altercation with another employee when it rehired the other employee. After the court denied the defendant's motion to dismiss the …

In September 1999, the Denver office of the EEOC brought this Title VII suit against John Morrell & Co. in the U.S. District Court for the District of South Dakota. The complaint alleged that the defendant discriminated against the claimant because of his national origin (Mexican). More specifically, the defendant allegedly failed to rehire the claimant after an altercation with another employee when it rehired the other employee. After the court denied the defendant's motion to dismiss the complaint or in the alternative for summary judgment in June 2000, the court denied as moot the EEOC's motion for default judgment. The case settled by entry of a consent decree in January 2001.

The nineteen month consent decree required the defendant to refrain from discrimination, post notice, pay the claimant damages (unspecified), adopt and maintain an anti-discrimination policy, implement a internal complaint/dispute resolution procedure, provide training for the Affirmative Action Officer (40 hours a year) and the Human Resource Director (10 hours a year), keep records of complaints, and give the EEOC reports in correspondence with a previous consent decree.

Summary Authors

Kevin Wilemon (8/2/2007)

Documents in the Clearinghouse

Document

4:99-cv-04174

Docket

EEOC v. John Morrell & Co

Jan. 4, 2001

Jan. 4, 2001

Docket
1

4:99-cv-04174

Complaint

EEOC v. John Morrell & Co

Sept. 27, 1999

Sept. 27, 1999

Complaint
18

4:99-cv-04174

Memorandum Opinion and Order

EEOC v. John Morrell & Co

June 16, 2000

June 16, 2000

Order/Opinion
37

4:99-cv-04174

Consent Decree

EEOC v. John Morrell & Co

Jan. 4, 2001

Jan. 4, 2001

Settlement Agreement

Resources

Docket

Last updated Jan. 23, 2024, 3:21 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT: no summons(es) issued to plaintiff's counsel; jury demand (SLL) (Entered: 09/27/1999)

Sept. 27, 1999

Sept. 27, 1999

2

CIVIL COVER SHEET (SLL) (Entered: 09/27/1999)

Sept. 27, 1999

Sept. 27, 1999

3

WAIVER Of Service by defendant John Morrell & Co on 12/9/99 (SLL) (Entered: 12/13/1999)

Dec. 13, 1999

Dec. 13, 1999

4

MOTION to extend time within which to file answer or other responsive pleading by defendant John Morrell & Co (FE) (Entered: 12/14/1999)

Dec. 13, 1999

Dec. 13, 1999

5

ORDER by Lawrence L. Piersol granting motion to extend time within which to file answer or other responsive pleading [4-1]; defendant may have until 1/26/00 to answer or otherwise respond to Complaint (cc:all counsel) (FE) (Entered: 12/14/1999)

Dec. 13, 1999

Dec. 13, 1999

6

NOTICE OF LAWSUIT and Request for Waiver of Service of Summons (with attached copy of Waiver of service of summons) by plaintiff EEOC (FE) (Entered: 12/22/1999)

Dec. 21, 1999

Dec. 21, 1999

7

MOTION to dismiss complaint , or alternatively for summary judgment by defendant John Morrell & Co (SLL) (Entered: 01/25/2000)

Jan. 25, 2000

Jan. 25, 2000

8

MEMORANDUM with exhibits by defendant John Morrell & Co in support of motion to dismiss complaint [7-1], of motion for summary judgment [7-2] (SLL) (Entered: 01/25/2000)

Jan. 25, 2000

Jan. 25, 2000

9

CERTIFICATE OF SERVICE by defendant John Morrell & Co (SLL) (Entered: 01/25/2000)

Jan. 25, 2000

Jan. 25, 2000

10

AFFIDAVIT of S. Ann Muniz re [7-1], re [7-2] (LMZ) (Entered: 02/17/2000)

Feb. 16, 2000

Feb. 16, 2000

11

AFFIDAVIT of Francisco J. Flores, Jr. re [7-1], re [7-2] (LMZ) (Entered: 02/17/2000)

Feb. 16, 2000

Feb. 16, 2000

12

MEMORANDUM by plaintiff EEOC in opposition to motion to dismiss complaint [7-1], motion for summary judgment [7-2] (LMZ) (Entered: 02/17/2000)

Feb. 16, 2000

Feb. 16, 2000

13

CERTIFICATE OF SERVICE by defendant John Morrell & Co (FE) (Entered: 02/28/2000)

Feb. 28, 2000

Feb. 28, 2000

15

ORDER For Form 35 Report and Scheduling Information by Lawrence L. Piersol (cc: all counsel) (DLS) (Entered: 04/11/2000)

April 11, 2000

April 11, 2000

16

RULE 26 Initial Disclosures Statement by defendant John Morrell & Co (SLL) (Entered: 05/02/2000)

May 2, 2000

May 2, 2000

17

Form 35 Report Of Parties Planning Meeting re [15-1] (FE) (Entered: 05/11/2000)

May 10, 2000

May 10, 2000

18

MEMORANDUM OPINION AND ORDER by Lawrence L. Piersol denying motion to dismiss complaint [7-1], denying motion for summary judgment [7-2] (cc: all counsel) (SKM) (Entered: 06/19/2000)

June 16, 2000

June 16, 2000

19

RULE 16 SCHEDULING ORDER Lawrence L. Piersol ; Discovery ddl set for 12/31/00 ; mtn filing ddl set for 1/10/01; motion hearing and pretrial conference set for 10:00 4/16/01 ; jury trial set for 9:30 5/15/01 (cc: all counsel) (SLL) (Entered: 06/27/2000)

June 26, 2000

June 26, 2000

20

SETTLEMENT CONFERENCE ORDER and Notice of Settlement Conference; settlement conference set for 08/29/00 at 10:00 am; by Mag Judge Marshall P. Young (cc:all counsel) (FE) (Entered: 08/21/2000)

Aug. 16, 2000

Aug. 16, 2000

21

MOTION for default judgment against John Morrell & Co by plaintiff EEOC (SLL) (Entered: 09/06/2000)

Sept. 6, 2000

Sept. 6, 2000

22

MEMORANDUM/SUMMARY OF RELIEF REQUESTED by plaintiff EEOC in support of motion for default judgment against John Morrell & Co [21-1] (SLL) (Entered: 09/06/2000)

Sept. 6, 2000

Sept. 6, 2000

23

AFFIDAVIT of Nelson G. Alston re motion for entry of default judgment [21-1] (SLL) (Entered: 09/06/2000)

Sept. 6, 2000

Sept. 6, 2000

24

ANSWER by defendant John Morrell & Co to [1-1] (SLL) (Entered: 09/06/2000)

Sept. 6, 2000

Sept. 6, 2000

25

MEMORANDUM by defendant John Morrell & Co in opposition to motion for default judgment against John Morrell & Co [21-1] (SLL) (Entered: 09/06/2000)

Sept. 6, 2000

Sept. 6, 2000

26

MOTION for leave to file and serve untimely answer by defendant John Morrell & Co (FE) (Entered: 09/25/2000)

Sept. 25, 2000

Sept. 25, 2000

27

MEMORANDUM by defendant John Morrell & Co in support of motion for leave to file and serve untimely answer [26-1] (FE) (Entered: 09/25/2000)

Sept. 25, 2000

Sept. 25, 2000

28

CERTIFICATE OF SERVICE by defendant John Morrell & Co (FE) (Entered: 09/25/2000)

Sept. 25, 2000

Sept. 25, 2000

29

MOTION for attorney Leslie R. Stellman to appear pro hac vice by defendant John Morrell & Co (SKM) (Entered: 09/26/2000)

Sept. 25, 2000

Sept. 25, 2000

30

CERTIFICATE OF SERVICE by defendant John Morrell & Co (SKM) (Entered: 09/26/2000)

Sept. 25, 2000

Sept. 25, 2000

31

ORDER by Lawrence L. Piersol finding the motion for default judgment against John Morrell & Co [21-1] denied as moot (cc:all counsel) (SKM) (Entered: 09/26/2000)

Sept. 25, 2000

Sept. 25, 2000

PRO HAC VICE fee paid by John Morrell & Co. for Leslie R. Stellman (DLS) (Entered: 10/02/2000)

Oct. 2, 2000

Oct. 2, 2000

32

SUBPOENA for Terry Hanson returned executed (FE) Modified on 10/24/2000 (Entered: 10/24/2000)

Oct. 23, 2000

Oct. 23, 2000

33

SUBPOENA for Rose Pettibone returned executed (FE) Modified on 10/24/2000 (Entered: 10/24/2000)

Oct. 23, 2000

Oct. 23, 2000

34

SUBPOENA for Todd Pruitt returned unserved (FE) Modified on 10/24/2000 (Entered: 10/24/2000)

Oct. 23, 2000

Oct. 23, 2000

35

SUBPOENA for A.W. Agnew returned unserved (FE) Modified on 10/24/2000 (Entered: 10/24/2000)

Oct. 23, 2000

Oct. 23, 2000

36

ORDER by Lawrence L. Piersol granting motion for leave to file and serve untimely answer [26-1] answer on file to serve as defendant's answer to complaint (cc:all counsel) (SLL) (Entered: 11/09/2000)

Nov. 9, 2000

Nov. 9, 2000

37

CONSENT DECREE by plaintiff EEOC, defendant John Morrell & Co (FE) (Entered: 01/05/2001)

Jan. 4, 2001

Jan. 4, 2001

Case Details

State / Territory: South Dakota

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 27, 1999

Closing Date: Jan. 4, 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

John Morrell & Co. (Sioux Falls, S.D. ), Private Entity/Person

John Morrell & Co. (S.D.), 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

Order Duration: 2001 - 2002

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Implement complaint/dispute resolution process

Reporting

Recordkeeping

Issues

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Hiring

Discrimination-basis:

National origin discrimination

EEOC-centric:

Direct Suit on Merits

National Origin/Ethnicity:

Indian