Case: EEOC v. A & I PRODUCTS, INC.

2:06-cv-02179 | U.S. District Court for the Western District of Tennessee

Filed Date: March 24, 2006

Closed Date: 2008

Clearinghouse coding complete

Case Summary

In March 2006, the EEOC's Memphis office filed suit in U.S. District Court, Western District of Tennessee, against A&I Products, Inc., a company that manufactures and distributes agricultural parts. The complaint alleged that the defendant violated Title VII of the Civil Rights Act by subjecting two female employees at its Memphis warehouse to sexual harassment. The employees alleged that a male co-worker repeatedly exposed himself and engaged in lewd conduct in their presence, that their emplo…

In March 2006, the EEOC's Memphis office filed suit in U.S. District Court, Western District of Tennessee, against A&I Products, Inc., a company that manufactures and distributes agricultural parts. The complaint alleged that the defendant violated Title VII of the Civil Rights Act by subjecting two female employees at its Memphis warehouse to sexual harassment. The employees alleged that a male co-worker repeatedly exposed himself and engaged in lewd conduct in their presence, that their employer failed to take any steps to remedy the situation for nearly a year, and that they were disciplined in retaliation when one of them filed a charge with the EEOC.

The defendant moved for summary judgment, but the motion was denied. In November of 2007, the case was resolved via consent decree. The complainants were awarded a total of $30,000, and the defendants were ordered to implement anti-discrimination training for all employees at their Memphis facility.

The decree was entered in 2007 and scheduled to last 2008. No further docket entries exist, so the case is closed.

Summary Authors

Shankar Viswanathan (6/2/2008)

Clearinghouse (12/24/2018)

People


Judge(s)

Pham, Tu M. (Tennessee)

Judge(s)

Pham, Tu M. (Tennessee)

show all people

Documents in the Clearinghouse

Document

2:06-cv-02179

Docket [PACER]

EEOC v. A & I Products, Inc.

Dec. 10, 2007

Dec. 10, 2007

Docket
1-1

2:06-cv-02179

Complaint

EEOC v. A & I Products, Inc.

March 24, 2006

March 24, 2006

Complaint
33

2:06-cv-02179

Order Denying Defendant's Motion for Summary Judgment

EEOC v. A & I Products, Inc.

July 13, 2007

July 13, 2007

Order/Opinion
38

2:06-cv-02179

Consent Decree

EEOC v. A & I Products, Inc.

Nov. 28, 2007

Nov. 28, 2007

Settlement Agreement

Resources

Docket

Last updated Jan. 23, 2024, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against A & I Products, Inc. (Filing fee $ waived) , filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(agj,) (Entered: 03/24/2006)

March 24, 2006

March 24, 2006

2

NOTICE of Appearance by Ralph T. Gibson on behalf of all defendants (Gibson, Ralph) (Entered: 05/11/2006)

May 11, 2006

May 11, 2006

3

SETTING LETTER: Scheduling Conference set for 6/15/2006 09:45 AM in Courtroom 6 - Memphis before Tu M. Pham. (bdg, ) (Entered: 05/12/2006)

May 12, 2006

May 12, 2006

4

ANSWER to Complaint with Jury Demand by A & I Products, Inc..(Gibson, Ralph) (Entered: 05/30/2006)

May 30, 2006

May 30, 2006

5

REPORT of Rule 26(f) Planning Meeting. (Tuggle, Darin) (Entered: 06/13/2006)

June 13, 2006

June 13, 2006

6

SCHEDULING ORDER: Amended Pleadings due by 9/15/2006. Discovery due by 12/15/2006. Joinder of Parties due by 9/15/2006. Dispositive Motions due by 1/15/2007. Jury trial to last 3-4 days. The Scheduling Conference set for 6/15/06 is canceled, Signed by Judge Tu M. Pham on 6/14/06. (Pham, Tu) (Entered: 06/14/2006)

June 14, 2006

June 14, 2006

8

ORDER granting 7 Motion to Substitute Attorney. Added attorney Faye A. Williams for Equal Employment Opportunity Commission. Attorney Adele Rapport terminated. Signed by Judge Samuel H. Mays Jr. on 8/8/06. (Mays, Samuel) (Entered: 08/09/2006)

Aug. 9, 2006

Aug. 9, 2006

9

Joint MOTION to Extend Deadline to modify scheduling order (proposed order submitted) by A & I Products, Inc.. (Attachments: # 1 Memorandum in support of joint motion to modify scheduling order)(Gibson, Ralph) (Entered: 11/27/2006)

Nov. 27, 2006

Nov. 27, 2006

10

SETTING LETTER: Jury Trial set for Tuesday, 5/29/2007 at 09:30 AM in Courtroom 2 - Memphis before Samuel H. Mays Jr. Pretrial Conference set for Friday, 5/18/2007 at 02:00 PM. Joint Pretrial order due 5/14/2007. (jl) (Entered: 12/06/2006)

Dec. 6, 2006

Dec. 6, 2006

11

SETTING LETTER: Status/Scheduling Conference set for Thursday, 12/28/2006 at 10:30 AM in Courtroom 2 - Memphis before Samuel H. Mays Jr. (jl) (Entered: 12/13/2006)

Dec. 13, 2006

Dec. 13, 2006

12

MINUTES: Status/Scheduling Conference held on 12/28/2006 before Judge Samuel H. Mays Jr. Atty Darin Tuggle appeared for pltf; Atty Ralph Gibson appeared for deft. Jury Trial currently set 5/29/2007 with a pretrial conference on 5/18/2007. MOTION 9 to Extend Deadlines & to modify scheduling order GRANTED. Joining parties/amending pleadings ddl 2/15/2007; Discovery due by 3/15/2007 ; Expert disclosures due 1/15/2007 from pltf; 2/15/2007 from deft; dispositive motions due 4/16/2007. Jury Trial RESET to Monday, 8/20/2007 at 9:30 a.m. (est 3-4 days); Pretrial Conference RESET to Friday, 8/10/2007 at 9:30 a.m. Joint Pretrial Order due 8/3/2007. Mediation deadline is 5/15/2007. (Court Reporter Diana Coleman) (jl) Modified on 1/30/2007 (jl, ). (Entered: 01/04/2007)

Dec. 28, 2006

Dec. 28, 2006

13

SETTING LETTER: Jury Trial RESET to Monday, 8/20/2007 at 09:30 AM in Courtroom 2 - Memphis before Samuel H. Mays Jr. Pretrial Conference RESET to Friday, 8/10/2007 at 09:30. Joint Pretrial Order due 8/3/2007. (jl) (Entered: 01/04/2007)

Jan. 4, 2007

Jan. 4, 2007

14

SCHEDULING ORDER: Conference held 12/28/06 pursuant to motion 9 to modify schedule; motion GRANTED. Amended deadlines established: Joining parties and amending pleadings, 2/15/07; completing discovery, 3/15/07; expert disclosures, plaintiff, 1/15/07; expert disclosures, defendant, 2/15/07; dispositive motions, 4/16/07; mediation, 5/15/07. Pretrial Conference set for 8/10/2007 09:30 AM; Proposed Pretrial Order due by 8/3/2007; Jury Trial set for 8/20/2007 09:30 AM in Courtroom 2 - Memphis before Samuel H. Mays Jr. Trial 3 - 4 days. Signed by Judge Samuel H. Mays Jr. on 1/17/07. (Mays, Samuel) (Entered: 01/22/2007)

Jan. 22, 2007

Jan. 22, 2007

15

Joint MOTION for Extension of Time to Complete Discovery and to file dispositive motions (proposed order submitted) by A & I Products, Inc.. (Attachments: # 1 Memorandum in support of joint motion extending deadline to complete discovery and to file dispositive motions)(Gibson, Ralph) (Entered: 03/29/2007)

March 29, 2007

March 29, 2007

17

DEPOSITION of Brian Van Der Vliet taken on April 13, 2007 by A & I Products, Inc.. (Attachments: # 1 Exhibit to deposition of Vliet)(Gibson, Ralph) (Entered: 04/30/2007)

April 30, 2007

April 30, 2007

18

DEPOSITION of George David Waller taken on April 10, 2007 by A & I Products, Inc.. (Attachments: # 1 Exhibit to deposition of Waller)(Gibson, Ralph) (Entered: 04/30/2007)

April 30, 2007

April 30, 2007

19

DEPOSITION of Eddie Lee Bonner taken on April 10, 2007 by A & I Products, Inc..(Gibson, Ralph) Modified on 4/30/2007 (fsh, ). (Entered: 04/30/2007)

April 30, 2007

April 30, 2007

20

DEPOSITION of Kevin Ray Culver taken on April 10, 2007 by A & I Products, Inc.(Gibson, Ralph) Modified on 4/30/2007 (fsh, ). (Entered: 04/30/2007)

April 30, 2007

April 30, 2007

21

COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 19 Deposition filed by A & I Products, Inc.,, 20 Deposition filed by A & I Products, Inc., has been filed. The wrong deponent's name was entered as to the deposition filed. The names have been corrected accordingly in the text of the docket. Filer is not required to resubmit document. (fsh, ) (Entered: 04/30/2007)

April 30, 2007

April 30, 2007

22

DEPOSITION of Ann Boyd taken on April 4, 2007 by A & I Products, Inc..(Gibson, Ralph) (Entered: 04/30/2007)

April 30, 2007

April 30, 2007

23

DEPOSITION of Jennifer Wilson taken on April 4, 2007 by A & I Products, Inc..(Gibson, Ralph) (Entered: 04/30/2007)

April 30, 2007

April 30, 2007

24

MOTION for Summary Judgment by A & I Products, Inc.. (Attachments: # 1 Memorandum in support of motion for summary judgment)(Gibson, Ralph) (Entered: 04/30/2007)

April 30, 2007

April 30, 2007

25

RESPONSE in Opposition re 24 MOTION for Summary Judgment (nd Memorandum in Support) filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit No. 1 Brian Van Der Vliet depo excerpts# 2 Exhibit No. 2 Ann Boyd depo excerpts# 3 Errata No. 3 Jennifer Wilson depo excerpts# 4 Exhibit No. 4 Kevin Culver depo excerpts# 5 Exhibit No. 5 George Waller depo excerpts# 6 Errata No. 6 Laura Bosler depo excerpts# 7 Exhibit No. 7 Boyd Charge of Discrimination# 8 Exhibit No. 8 Responses to RFI# 9 Exhibit No. 9 Declaration of Jeannie Robinson Hurt# 10 Errata No. 10 Eddie Bonner depo excerpts# 11 Exhibit No. 11 Harassment Policy# 12 Errata No. 12 Notice of Charge of Discrimination)(Tuggle, Darin) (Entered: 06/04/2007)

June 4, 2007

June 4, 2007

26

RESPONSE in Opposition re 24 MOTION for Summary Judgment (Plaintiff's Response to Defendant's Statement of Undisputed Facts) filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit No. 1 Eddie Bonner depo excerpts# 2 Exhibit No. 2 A & I Products Exit Interview (Bates AI 0152-0153)# 3 Exhibit No. 3 George Waller depo excerpts# 4 Exhibit No. 4 Declaration of Jeannie Robinson Hurt# 5 Exhibit No. 5 Jennifer Wilson depo excerpts# 6 Errata No. 6 Ann Boyd depo excerpts# 7 Errata No. & Laura Bosler depo excerpts# 8 Exhibit No. 8 Brian Van Der Vliet depo excerpts# 9 Exhibit No. 9 Kevin Culver depo excepts)(Tuggle, Darin) (Entered: 06/04/2007)

June 4, 2007

June 4, 2007

27

DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 26 Response in Opposition to Motion, filed by Equal Employment Opportunity Commission, has been filed. However, the following deficiency has been found: Entry 26 is not a Reply to the 24 Motion for Summary Judgement. It is a Response to the Statement of Undisputed Facts which is contained in the body of an attachment to 24 . The document 26 should have been filed as a Notice of Additional Attachments to 25 . If any assistance is needed in filing please call the ECF Help Desk at 901-495-1200. The filer has one business day to correct the deficiency. (cas, ) (Entered: 06/05/2007)

June 5, 2007

June 5, 2007

28

NOTICE by Equal Employment Opportunity Commission re 24 MOTION for Summary Judgment -- Plaintiff's Response to Defendant's Statement of Undisputed Facts -- (Attachments: # 1 Exhibit No. 1 - Eddie Bonner depo excerpts# 2 Exhibit No. 2 - A & I Products Exit Interviews Bates # AI 0152-0153# 3 Exhibit No. 3 - George Waller depo excerpts# 4 Exhibit No. 4 - Declaration of Jeannie Robinson Hurt# 5 Exhibit No. 5 - Jennifer Wilson depo excerpts# 6 Exhibit No. 6 - Ann Boyd depo excerpts# 7 Exhibit No. 7 - Laura Bosler depo excerpts# 8 Errata No. 8 - Brian Van Der Vliet depo excerpts# 9 Errata No. 9 - Kevin Culver depo excerpts)(Tuggle, Darin) (Entered: 06/06/2007)

June 6, 2007

June 6, 2007

29

NOTICE of Appearance by William A. Cash, Jr on behalf of Equal Employment Opportunity Commission (Cash, William) (Entered: 06/08/2007)

June 8, 2007

June 8, 2007

30

MOTION for Leave to File Reply Brief (Proposed Order Submitted) by A & I Products, Inc.. (Attachments: # 1 Memorandum in support of Motion for Leave to File Reply Brief)(Gibson, Ralph) (Entered: 06/13/2007)

June 13, 2007

June 13, 2007

31

CERTIFICATE of Counsel by Ralph T. Gibson on behalf of A & I Products, Inc. (Gibson, Ralph) (Entered: 06/13/2007)

June 13, 2007

June 13, 2007

32

ORDER Granting 30 defendant's Motion for Leave to File Reply in further support of motion for summary judgment. Signed by Judge Samuel H. Mays Jr. on 6/18/07. (Mays, Samuel) (Entered: 06/19/2007)

June 19, 2007

June 19, 2007

33

ORDER denying 24 Defendant's Motion for Summary Judgment. Signed by Judge Samuel H. Mays, Jr. on 07/13/2007. (Mays, Samuel) (Entered: 07/13/2007)

July 13, 2007

July 13, 2007

34

NOTICE of Appearance by William A. Cash, Jr on behalf of Equal Employment Opportunity Commission (Cash, William) (Entered: 07/18/2007)

July 18, 2007

July 18, 2007

35

NOTICE by Equal Employment Opportunity Commission of Filing Plaintiff's Rule 26 (a)(3) Disclosures (Tuggle, Darin) (Entered: 07/23/2007)

July 23, 2007

July 23, 2007

36

CERTIFICATE OF SERVICE by A & I Products, Inc. of the filing of Defendant's Rule 26(a)(3) PRETRIAL disclosures (Gibson, Ralph) (Entered: 07/23/2007)

July 23, 2007

July 23, 2007

37

MOTION in Limine (proposed order submitted) by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in Support of Plaintiff's Motion in Limine# 2 Exhibit 1 Judicial Diversion# 3 Affidavit Declaration of Ann Boyd)(Tuggle, Darin) (Entered: 08/06/2007)

Aug. 6, 2007

Aug. 6, 2007

39

JUDGMENT, signed by Judge Samuel H. Mays Jr. on 12/07/2007. This action is dismissed in accordance with the Consent Decree, docketed November 28, 2007. Each party shall bear their own costs, attorneys fees and expenses. (Mays, Samuel) (Entered: 12/10/2007)

Dec. 10, 2007

Dec. 10, 2007

Case Details

State / Territory: Tennessee

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: March 24, 2006

Closing Date: 2008

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

A & I Products, Inc. (Memphis), 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: 30000

Order Duration: 2007 - 2008

Content of Injunction:

Expungement of Employment Record

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Issues

General:

Retaliation

Discrimination-area:

Disparate Treatment

Discipline

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Sex or Gender:

Female

EEOC-centric:

Direct Suit on Merits