Case: EEOC v. TRIAD CLINICAL LABORATORY

1:04-cv-00787 | U.S. District Court for the Middle District of North Carolina

Filed Date: Sept. 1, 2004

Closed Date: 2007

Clearinghouse coding complete

Case Summary

In September 2004, the Charlotte District Office of the EEOC (with participation from the Raleigh Area Office), brought this suit against Triad Clinical Laboratory, Inc. in the U.S. District Court for the Middle District of North Carolina alleging discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964. Specifically, the defendant terminated the charging party, a female employee, because of: her association with an individual who had filed a charge of discrimin…

In September 2004, the Charlotte District Office of the EEOC (with participation from the Raleigh Area Office), brought this suit against Triad Clinical Laboratory, Inc. in the U.S. District Court for the Middle District of North Carolina alleging discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964. Specifically, the defendant terminated the charging party, a female employee, because of: her association with an individual who had filed a charge of discrimination against the defendant, her participation in the EEOC's investigation of the charge, and her complaints of sexual harassment. After some scheduling orders and discovery, the parties reached a tentative settlement in mid October 2005 and entered into a final settlement agreement about two weeks later.

The two-year decree prohibited the defendant from discriminating or retaliating. In addition, the defendant agreed to pay the charging party $10,300. In the event the defendant resumes business operations, the decree also required the defendant to: adopt and distribute an anti-discrimination policy, report to the EEOC at specified intervals, and provide Title VII training for all its employees.

The decree was entered in 2005 and scheduled to last 2007. No further docket entries exist, so the case is closed.

Summary Authors

Justin Kanter (8/2/2007)

Clearinghouse (12/23/2018)

Documents in the Clearinghouse

Document

1:04-cv-00787

Docket [PACER]

EEOC v. Triad Clinical Lab

Nov. 2, 2005

Nov. 2, 2005

Docket
1

1:04-cv-00787

Complaint

EEOC v. Triad Clinical Laboratory, Inc.

Sept. 1, 2004

Sept. 1, 2004

Complaint
17

1:04-cv-00787

Settlement Agreement

EEOC v. Triad Clinical Laboratory, Inc.

Oct. 31, 2005

Oct. 31, 2005

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4625604/eeoc-v-triad-clinical-lab/

Last updated Feb. 7, 2024, 3:21 a.m.

ECF Number Description Date Link Date / Link

**Case assigned to Magistrate Judge DIXON. AO Code 18RA (J. Lance) (Entered: 09/02/2004)

Sept. 1, 2004

Sept. 1, 2004

STANDING ORDER 30 CASE (J. Lance) (Entered: 09/02/2004)

Sept. 1, 2004

Sept. 1, 2004

1

COMPLAINT; jury demand (J. Lance) (Entered: 09/02/2004)

Sept. 1, 2004

Sept. 1, 2004

Notice of Right to Consent 28 USC 636(c)(2) (J. Lance) (Entered: 09/02/2004)

Sept. 1, 2004

Sept. 1, 2004

3

NOTICE of Attorney Appearance for TRIAD CLINICAL LAB. by JANET J. HIGLEY (K. Welch) (Entered: 10/01/2004)

Sept. 30, 2004

Sept. 30, 2004

4

WAIVER OF SERVICE OF SUMMONS Returned Executed as to TRIAD CLINICAL LAB. on 9/3/04 by Rebecca D. Kovalich, Registered Agent. Answer due on 11/2/04 for TRIAD CLINICAL LAB. (N. Dickerson) (Entered: 10/01/2004)

Oct. 1, 2004

Oct. 1, 2004

5

ANSWER to Complaint by TRIAD CLINICAL LAB. (K. Welch) (Entered: 10/28/2004)

Oct. 28, 2004

Oct. 28, 2004

CASE AT ISSUE (K. Welch) (Entered: 10/28/2004)

Oct. 28, 2004

Oct. 28, 2004

6

NOTICE of Hearing: set Initial Pretrial Conference for 9:30 12/15/04 in DURHAM COURTROOM ( before MAG/JUDGE WALLACE W. DIXON ). Ccs. dist. (W. Williamson) (Entered: 11/05/2004)

Nov. 5, 2004

Nov. 5, 2004

7

NOTICE TO PARTIES RE STANDING ORDER 30. (D. Mccarty) (Entered: 11/18/2004)

Nov. 18, 2004

Nov. 18, 2004

8

NOTICE of Attorney Appearance for EEOC by KERITH COHEN (K. Welch) (Entered: 11/24/2004)

Nov. 24, 2004

Nov. 24, 2004

CASE REFERRED to Mag/Jud Dixon re: proposed Jt. Rule 26(f) Report. (W. Williamson) (Entered: 12/01/2004)

Dec. 1, 2004

Dec. 1, 2004

CASE NO LONGER REFERRED to Mag/Jud DIXON (K. Welch) (Entered: 12/10/2004)

Dec. 9, 2004

Dec. 9, 2004

9

Joint Rule 26(f) Report and Order setting Discovery cutoff date as 7/29/05; Notice of Intent to file Disp. Motions due by 8/8/05; Complex case-management; Mediation should be conducted late in the discovery period, the exact date to be set by the mediator after consultation with the parties; Plaintiff should be allowed until January 7, 2005 to request leave to join additional parties or amend pleadings. Defendant should be allowed until February 7, 2005 to request leave to join additional parties or amend pleadings; The parties do not agree to reference the case to the Magistrate Judge. Signed by MAG/JUDGE WALLACE W. DIXON. ETT 5 days, JURY TRIAL; Ccs. Dist. [EOD Date 12/10/04] (K. Welch) (Entered: 12/10/2004)

Dec. 9, 2004

Dec. 9, 2004

Complex Case (K. Welch) (Entered: 12/10/2004)

Dec. 9, 2004

Dec. 9, 2004

Mediation Hearing set for no later than 7/29/05. (C. Gammon) (Entered: 12/13/2004)

Dec. 9, 2004

Dec. 9, 2004

CASE SELECTED FOR MEDIATION (C. Gammon) (Entered: 12/13/2004)

Dec. 9, 2004

Dec. 9, 2004

10

NOTICE of Hearing: set Jury Trial for 9:30 1/9/06 in UNASSIGNED COURTROOM , set Brief deadline to 12/21/05 () (D. Mccarty) (Entered: 01/31/2005)

Jan. 31, 2005

Jan. 31, 2005

11

ORDER Appointing Mediator J. DICKSON PHILLIPS, III (signed by Clerk) pursuant to LR 83.10d(b). Ccs. dist. [EOD Date 2/10/05] (C. Gammon) (Entered: 02/10/2005)

Feb. 10, 2005

Feb. 10, 2005

Proposed consent protective order referred to Magistrate Judge Dixon via e-mail (McCarty, Dianne) (Entered: 05/03/2005)

May 3, 2005

May 3, 2005

12

CONSENT PROTECTIVE ORDER signed by Judge WALLACE W. DIXON on 5/4/5, Re: Confidential Documents (Welch, Kelly) Attachment(s) added on 7/13/2005 (Welch, Kelly). Modified on 7/13/2005 to include Proposed Consent Protective Order (Welch, Kelly).

2 Proposed Consent Protective Order

View on PACER

May 4, 2005

May 4, 2005

RECAP
13

JOINT MOTION for Extension of Time until 9/30/05 to complete discovery and mediation by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, TRIAD CLINICAL LABORATORY, INC. (Wilson, JoAnne) (Entered: 07/22/2005)

July 22, 2005

July 22, 2005

MOTIONS 13 MOTION for Extension of Time REFERRED to Magistrate Judge Dixon (McCarty, Dianne) (Entered: 07/26/2005)

July 26, 2005

July 26, 2005

14

ORDER signed by Judge WALLACE W. DIXON on 8/3/05 granting (docket no. 13) Joint motion to enlarge the time for discovery and mediation, on the conditions as set out; Discovery due by 9/30/2005. Mediation due by 9/30/2005. Summary Judgment Motions due by 10/10/05. Responses due by 10/20/05. Replies due by 10/26/2005. (Welch, Kelly) (Entered: 08/03/2005)

Aug. 3, 2005

Aug. 3, 2005

15

MOTION to Amend 1 Complaint to Delete Claim for Non-Pecuniary Compensatory Damages by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. Responses due by 9/2/2005. (Welch, Kelly)Modified on 8/12/2005 to add Exhibit 1 (Welch, Kelly). (Entered: 08/12/2005)

Aug. 10, 2005

Aug. 10, 2005

Set/Reset Scheduling Order Deadlines: Mediation re-set to 9/30/2005. (Gammon, Cheryl) (Entered: 08/29/2005)

Aug. 29, 2005

Aug. 29, 2005

MOTIONS 15 MOTION to Amend 1 Complaint REFERRED to Magistrate Judge Dixon (McCarty, Dianne) (Entered: 09/09/2005)

Sept. 9, 2005

Sept. 9, 2005

16

ORDER Granting 15 Motion to Amend Complaint. Signed by Judge WALLACE W. DIXON on 9/14/05. (Welch, Kelly) (Entered: 09/14/2005)

Sept. 14, 2005

Sept. 14, 2005

Case Reported Settled by Kerith Cohen with EEOC. Stipulation of dismissal due 11/14/2005 (McCarty, Dianne) (Entered: 10/14/2005)

Oct. 14, 2005

Oct. 14, 2005

CASE REFERRED to Judge Bullock (McCarty, Dianne) (Entered: 10/31/2005)

Oct. 31, 2005

Oct. 31, 2005

Case no longer referred to Judge BULLOCK (Welch, Kelly) (Entered: 10/31/2005)

Oct. 31, 2005

Oct. 31, 2005

17

SETTLEMENT AGREEMENT signed by Judge FRANK W. BULLOCK, JR. on 10/31/05 as set out; (Welch, Kelly) (Entered: 10/31/2005)

Oct. 31, 2005

Oct. 31, 2005

18

FINAL ORDER signed by Judge FRANK W. BULLOCK JR. on 10/31/05, that this Court shall have jurisdiction of this cause for purposes of monitoring compliance with the Settlement Agreement and entry of such further orders may be necessary or appropriate, and this Court shall have jurisdiction over any action to enforce the Settlement Agreement filed herewith. The Clerk is directed to send a copy of this Order to counsel of record. (Welch, Kelly)

Oct. 31, 2005

Oct. 31, 2005

RECAP
20

NOTICE of Trial Calendar Jury Trial set for 1/9/2006 09:30 AM in Greensboro Courtroom #2 before CHIEF JUDGE N. C. TILLEY JR.. (Winchester, Robin) (Entered: 11/02/2005)

Nov. 2, 2005

Nov. 2, 2005

Case Details

State / Territory: North Carolina

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 1, 2004

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A female employee of Triad Clinical Laboratories who complained of sex discrimination and retaliation.

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

Triad Clinical Laboratory, Inc. (Winston-Salem, NC), 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:

Voluntary Dismissal

Amount Defendant Pays: 10300

Order Duration: 2005 - 2007

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Issues

General:

Retaliation

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Sex or Gender:

Female

EEOC-centric:

Direct Suit on Merits