Case: EEOC v. LOVE'S TRAVEL STOPS & COUNTRY STORES, INC.

3:05-cv-00768 | U.S. District Court for the Middle District of Tennessee

Filed Date: Sept. 30, 2005

Closed Date: Sept. 19, 2008

Clearinghouse coding complete

Case Summary

In September 2005, the Memphis Office of the EEOC brought this lawsuit against Love's Travel Stops & Country Stores, Inc. in the U.S. District Court for the Middle District of Tennessee alleging discrimination on the basis of sex in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged the defendants subjected the charging parties, female employees, to a sexually hostile work environment, resulting in the constructive, and in one case retaliatory, discharg…

In September 2005, the Memphis Office of the EEOC brought this lawsuit against Love's Travel Stops & Country Stores, Inc. in the U.S. District Court for the Middle District of Tennessee alleging discrimination on the basis of sex in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged the defendants subjected the charging parties, female employees, to a sexually hostile work environment, resulting in the constructive, and in one case retaliatory, discharge of the charging parties. The charging parties intervened in the lawsuit in January 2006. Following some discovery and mediation, the parties settled the lawsuit in September 2006 through a consent decree.

The two-year decree, containing agreements not to discriminate or retaliate, required the defendant to: expunge complainants' employment records, provide a neutral reference, post and distribute a notice of employee rights, provide managerial training regarding sexual harassment laws, revise its existing anti-harassment policies, report complaints to the EEOC every six months, provide written verification of compliance with certain general requirements, keep records of all persons undergoing sexual harassment prevention training, retain a consultant knowledgable in employment discrimination law to review defendant's policies and managerial training program, and pay $253,500 to be distributed among four individuals. The docket sheet does not show any further enforcement; the case was presumably closed in 2008.

Summary Authors

Daisy Manning (10/16/2007)

Clearinghouse (6/12/2017)

Documents in the Clearinghouse

Document

3:05-cv-00768

Docket [PACER]

Equal Employment Opportunity Commission v. Love's Travel Stops & Country Stores, Inc.

Sept. 19, 2006

Sept. 19, 2006

Docket
1

3:05-cv-00768

Complaint

Equal Employment Opportunity Commission v. Love's Travel Stops & Country Stores, Inc.

Sept. 30, 2005

Sept. 30, 2005

Complaint
8

3:05-cv-00768

Amended Complaint

Equal Employment Opportunity Commission v. Love's Travel Stops & Country Stores, Inc.

Dec. 5, 2005

Dec. 5, 2005

Complaint
19

3:05-cv-00768

Complaint of Intervenor Tracie Lewellen

Equal Employment Opportunity Commission and Track Lewellen v. Love's Travel Stops & Country Store, Inc.

Jan. 5, 2006

Jan. 5, 2006

Complaint
24

3:05-cv-00768

Complaint of Intervenor Michelle Medina

Equal Employment Opportunity Commission, et al v. Love's Travel Stops & Country Store, Inc.

Jan. 9, 2006

Jan. 9, 2006

Complaint
47

3:05-cv-00768

Consent Decree

Equal Employment Opportunity Commission v. Love's Travel Stops & Country Stores, Inc.

Sept. 19, 2006

Sept. 19, 2006

Settlement Agreement

Resources

Docket

Last updated March 2, 2024, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Love's Travel Stops & Country Stores, Inc., filed by Equal Employment Opportunity Commission. No summons issued. (rm) (Entered: 10/03/2005)

Sept. 30, 2005

Sept. 30, 2005

2

NOTICE of Initial Case Management Conference set for Thursday, 1/5/2006 at 3:00 PM in Room 825 before District Judge Aleta A. Trauger. (rm) (Entered: 10/03/2005)

Sept. 30, 2005

Sept. 30, 2005

3

WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Love's Travel Stops & Country Stores, Inc. waiver signed on 10/17/2005, answer due 12/16/2005. (Liner, Celia) Modified Text on 11/7/2005 (jb). (Entered: 11/04/2005)

Nov. 4, 2005

Nov. 4, 2005

Reset Answer Deadline: Love's Travel Stops & Country Stores, Inc. answer due 12/16/05. (jb) (Entered: 11/07/2005)

Nov. 4, 2005

Nov. 4, 2005

4

**EXHIBITS NOT ATTACHED - ATTY TO RE-FILE** MOTION to Intervene by Tracie Lewellen. Responses due by 12/5/2005 (Roberts, Donna) Modified text & terminated motion per Atty Roberts on 11/17/2005 (hv). (Entered: 11/17/2005)

Nov. 17, 2005

Nov. 17, 2005

5

MOTION to Intervene by Tracie Lewellen. Responses due by 12/5/2005 (Attachments: # 1 Exhibit 1)(Roberts, Donna) (Entered: 11/17/2005)

Nov. 17, 2005

Nov. 17, 2005

6

MEMORANDUM in Support of 5 MOTION to Intervene filed by Tracie Lewellen. (Roberts, Donna) (Entered: 11/17/2005)

Nov. 17, 2005

Nov. 17, 2005

7

UNOPPOSED MOTION for Extension of Time to Answer or otherwise Respond 1 and memorandum in support thereof by Love's Travel Stops & Country Stores, Inc. Responses due by 12/19/2005. (Prather, David) Modified Text on 12/5/2005 (jb). (Entered: 12/02/2005)

Dec. 2, 2005

Dec. 2, 2005

9

ORDER granting 7 Deft's Unopposed Motion for Extension of Time until 12/23/05 to Answer or Otherwise Respond to the 1 Complaint. Signed by Judge Aleta A. Trauger on 12/5/05. (jb) (Entered: 12/05/2005)

Dec. 5, 2005

Dec. 5, 2005

10

ANSWER to Amended Complaint 8 Love's Travel Stops & Country Stores, Inc. (Prather, David) Modified Text on 12/27/05 (jb). (Entered: 12/23/2005)

Dec. 23, 2005

Dec. 23, 2005

11

MOTION for attorney David P. Knox to Appear Pro Hac Vice by Love's Travel Stops & Country Stores, Inc. Responses due by 1/9/06. (Attachment: (1) Proposed Order Granting Motion for Admission Pro Hac Vice) (PHV Fee Paid)(jb) (Entered: 12/23/2005)

Dec. 23, 2005

Dec. 23, 2005

12

CERTIFICATE of good standing for David P. Knox from USDC/WD/TN filed by Love's Travel Stops & Country Stores, Inc. (jb) (Entered: 12/23/2005)

Dec. 23, 2005

Dec. 23, 2005

13

RECEIPT #108087 in the amount of $75.00 for PHV Fee for David P. Knox posted on 12/23/05. (jb) (Entered: 12/23/2005)

Dec. 23, 2005

Dec. 23, 2005

14

ORDER granting 11 Motion for David P. Knox to Appear Pro Hac Vice. Signed by Judge Aleta A. Trauger on 1/3/06. (dt) (Entered: 01/03/2006)

Jan. 3, 2006

Jan. 3, 2006

15

PROPOSED CASE MANAGEMENT ORDER filed by Tracie Lewellen. (Roberts, Donna) (Entered: 01/03/2006)

Jan. 3, 2006

Jan. 3, 2006

16

MOTION to Intervene by Michelle Medina. Responses due by 1/23/2006 (Attachments: # 1 Exhibit 1)(Roberts, Donna) (Entered: 01/04/2006)

Jan. 4, 2006

Jan. 4, 2006

17

MEMORANDUM in Support of 16 MOTION to Intervene filed by Michelle Medina. (Roberts, Donna) (Entered: 01/04/2006)

Jan. 4, 2006

Jan. 4, 2006

NOTE TO FILERS: Please remember to add your electronic signature (s/your name) to the signature line of your pleadings; the proposed intervenor complaint does not need to be re-submitted. (hv) (Entered: 01/05/2006)

Jan. 5, 2006

Jan. 5, 2006

18

ORDER granting 5 Tracie Lewellen's Motion to Intervene . Signed by Judge Aleta A. Trauger on 1/5/06. (hv) (Entered: 01/06/2006)

Jan. 5, 2006

Jan. 5, 2006

19

Intervenor COMPLAINT against deft Love's Travel Stops & Country Store filed by Tracie Lewellen.(hv) (Entered: 01/06/2006)

Jan. 5, 2006

Jan. 5, 2006

20

Minute Entry for proceedings held before Judge Aleta A. Trauger : Case Management Conference held on 1/5/2006. Case Mgt Order to enter. (Court Reporter none.) (hv) (Entered: 01/06/2006)

Jan. 5, 2006

Jan. 5, 2006

21

INITIAL CASE MGT ORDER: Motions to Amend Pleadings due by 3/1/2006. Discovery due by 8/1/2006. Motions due by 10/15/2006, response dd 20 days, optional reply ddl 10 days. Signed by Judge Aleta A. Trauger on 1/5/06. (hv) (Entered: 01/06/2006)

Jan. 5, 2006

Jan. 5, 2006

23

ORDER granting 16 Motion to Intervene. Clerk shall file attached Complaint. Signed by Judge Aleta A. Trauger on 1/9/06. (jb) (Entered: 01/09/2006)

Jan. 9, 2006

Jan. 9, 2006

24

Intervenor COMPLAINT, filed by Michelle Medina. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Roberts, Donna) (Entered: 01/09/2006)

Jan. 9, 2006

Jan. 9, 2006

25

NOTICE of Appearance by Barbara Jean Moss on behalf of Tracie Lewellen, Michelle Medina (Moss, Barbara) (Entered: 01/09/2006)

Jan. 9, 2006

Jan. 9, 2006

26

ANSWER to Intervenor Complaint of Tracie Lewellen 19 by Love's Travel Stops & Country Stores, Inc..(Knox, David) Modified Text on 1/19/06 (jb). (Entered: 01/18/2006)

Jan. 18, 2006

Jan. 18, 2006

27

ANSWER to Intervenor Complaint of Michelle Medina 24 by Love's Travel Stops & Country Stores, Inc.(Knox, David) Modified Text on 1/19/06 (jb). (Entered: 01/18/2006)

Jan. 18, 2006

Jan. 18, 2006

28

MOTION to Substitute Attorney by Equal Employment Opportunity Commission. Responses due by 4/14/2006 (Attachments: # 1 Proposed Order)(Rapport, Adele) (Entered: 03/28/2006)

March 28, 2006

March 28, 2006

29

ORDER granting 28 Motion to Substitute Attorney. Added attorney Adele Rapport for Equal Employment Opportunity Commission. Attorney Katharine W. Kores terminated. Signed by Judge Aleta A. Trauger on 3/30/06. (dt) (Entered: 03/30/2006)

March 30, 2006

March 30, 2006

30

MOTION for attorney Emily C. Pera to Appear Pro Hac Vice by Love's Travel Stops & Country Stores, Inc. Responses due by 4/17/06. (Attachment: (1) Proposed Order)(Smith, Delaine) (PHV Fee Paid) Modifed Text on 3/31/06 (jb). Modified on 4/6/06 (jb). (Entered: 03/30/2006)

March 30, 2006

March 30, 2006

31

CERTIFICATE OF GOOD STANDING for Emily Christin Pera from USDC/WD/TN filed by Love's Travel Stops & Country Stores, Inc. (Smith, Delaine) Modified Text on 3/31/06 (jb). (Entered: 03/30/2006)

March 30, 2006

March 30, 2006

32

NOTICE by Love's Travel Stops & Country Stores, Inc. of Withdrawal and Substitution of Counsel (Smith, Delaine) (Entered: 03/30/2006)

March 30, 2006

March 30, 2006

NOTE TO FILER RE: Docket Entry Nos. 30 & 32-These pleadings are scanned documents. Scanning should be used ONLY for documents that do not exist in electronic format on your computer. Examples of documents that may be scanned are certificates of good standing, police reports, executed contracts, or documents that contain signatures other than that of the filing user (see section 8 - "Signatures" of our Administrative Practices and Procedures for Electronic Case Filing). (jb) (Entered: 03/31/2006)

March 31, 2006

March 31, 2006

33

RECEIPT #109521 in the amount of $75.00 posted on 4/11/06 for PHV Fee re 30 for Emily Pera. (jb) (Entered: 04/12/2006)

April 11, 2006

April 11, 2006

34

ORDER granting 30 Motion for Emily C. Pera to Appear Pro Hac Vice for Love's Travel Stops & Country Stores, Inc. Signed by Judge Aleta A. Trauger on 4/13/06. (jb) (Entered: 04/13/2006)

April 13, 2006

April 13, 2006

35

Joint MOTION Referral to Magistrate Judge for Mediation and Extension of Discovery Deadline by Tracie Lewellen, Equal Employment Opportunity Commission, Michelle Medina, Love's Travel Stops & Country Stores, Inc., Love's Travel Stops & Country Stores, Inc.. Responses due by 6/23/2006 (Moss, Barbara) (Entered: 06/06/2006)

June 6, 2006

June 6, 2006

36

ORDER granting 35 Joint Motion to Refer Case to Magistrate Judge for Mediation and to Extend Discovery Completion Deadline. This case is referred to Magistrate Judge Juliet Griffin for a judicial settlement conference/mediation, to be held on 8/8/06. The Discovery deadline is extended to 9/19/06. All other deadlines remain in place. Signed by Judge Aleta A. Trauger on 6/21/06. (jb) (Entered: 06/21/2006)

June 21, 2006

June 21, 2006

37

ORDER: By order 36, this case was referred to the undersigned to conduct a settlement conference on 8/8/06. Settlement Conference is set for 8/8/06 at 9:00 AM in Courtroom 764. By Friday, July 21, 2006, the parties shall deliver under seal, directly to Ms. Jeanne Cox, Courtroom Deputy to the undersigned, or to Mr. Steve Wilson or Ms. Katie Summers, law clerks to the undersigned, or provide by facsimile transmission, ex parte, separate settlement conference statements which shall specify their respective settlement positions. Telephone Conference is set for 7/24/06 at 11:00 AM to be initiated by counsel for the pltf, to address any matters that the parties and/or the Court may have with regard to the conduct of the settlement conference. Signed by Judge Juliet Griffin on 6/22/06. (jb) (Entered: 06/22/2006)

June 22, 2006

June 22, 2006

38

MOTION to Allow Insurance Company Representative to Participate in Settlement Conference by Telephone by Love's Travel Stops & Country Stores, Inc.. Responses due by 8/7/2006 (Attachments: # 1 Proposed Order)(Smith, Delaine) (Entered: 07/21/2006)

July 21, 2006

July 21, 2006

Minute Entry for proceedings held before Judge Juliet Griffin : Pre- settlement conference Telephone Conference held on 7/24/2006. (jwc, ) (Entered: 07/26/2006)

July 24, 2006

July 24, 2006

39

MOTION to Substitute Attorney (Proposed Order Submitted) , MOTION to Withdraw as Attorney (Proposed Order Submitted) by Equal Employment Opportunity Commission. Responses due by 8/14/2006 Responses due by 8/14/2006 (Liner, Celia) (Entered: 07/28/2006)

July 28, 2006

July 28, 2006

40

ORDER: As addressed in the telephone conference call with counsel for the parties on 7/24/06, defendant's Motion to Allow Insurance Company Representative to Participate in Settlement Conference by Telephone 38 is Denied. A representative of St. Paul Insurance Companies shall appear and participate in person in the settlement conference scheduled on 8/8/06, and shall be prepared to remain at the settlement conference for its duration.Signed by Judge Juliet Griffin on 7/31/06. (dt) (Entered: 07/31/2006)

July 31, 2006

July 31, 2006

42

ORDER granting 39 Pltf EEOC's Motion to Withdraw Attorney Adele Rapport and Substitute Counsel Faye A. Williams. Signed by Judge Aleta A. Trauger on 7/31/06. (jb) (Entered: 08/01/2006)

July 31, 2006

July 31, 2006

41

NOTICE of Filing by Equal Employment Opportunity Commission (Attachments: # 1 Proposed Order)(Liner, Celia) (Entered: 08/01/2006)

Aug. 1, 2006

Aug. 1, 2006

Minute Entry for proceedings held before Judge Juliet Griffin : Settlement Conference held on 8/8/2006, order to enter. (jwc, ) (Entered: 08/09/2006)

Aug. 8, 2006

Aug. 8, 2006

43

ORDER: Pursuant to the 37 Order, a settlement conference was held on 8/8/06, at the conclusion of which the parties were not able to reach a settlement. However, the parties agreed to continue to explore settlement and engage in discussions between themselves. Telephone Conference is set for 8/14/06 at 11:00 AM, central time, to be initiated by counsel for deft, to address the status of any settlement discussions subsequent to the settlement conference and any remaining potential for settlement. Signed by Judge Juliet Griffin on 8/10/06. (jb) (Entered: 08/10/2006)

Aug. 10, 2006

Aug. 10, 2006

Minute Entry for proceedings held before Judge Juliet Griffin : Telephone Conference held on 8/14/2006. (jwc, ) (Entered: 08/14/2006)

Aug. 14, 2006

Aug. 14, 2006

44

ORDER: Settlement Conference held on 8/8/06 at the conclusion of which the parties were not able to reach a settlement. Telephone Conference Call was scheduled on 8/14/06, to address any subsequent settlement discussions and whether any potential for settlement remained. On 8/14/06, counsel advised the Court that there would be no further settlement proposals at this time. The Clerk is directed to return the file in this case to the Hon. Aleta A. Trauger. Unless otherwise directed by the Court or upon motion of the parties, there will be no further proceedings before the Magistrate Judge in this case. Signed by Judge Juliet Griffin on 8/14/06. (jb) (Entered: 08/15/2006)

Aug. 14, 2006

Aug. 14, 2006

45

ORDER RESETTING PRETRIAL CONFERENCE ONLY: Jury Trial is set for 2/27/07 at 9:00 AM in Courtroom 873. Pretrial Conference is reset for 2/23/07 at 1:30 PM. Joint Proposed Pretrial Order due by 2/20/07. Exhibit/Witness List due by 2/20/07. Motions in Limine shall be filed by 2/9/07. Responses shall be filed by 2/20/07. The trial of this case is expected to last 3-4 days. Signed by Judge Aleta A. Trauger on 8/15/06. (jb) (Entered: 08/15/2006)

Aug. 15, 2006

Aug. 15, 2006

Minute Entry for proceedings held before Judge Aleta A. Trauger : Telephone Conference held on 8/24/2006. Discovery dispute. (Court Reporter none.) (bb-j, ) (Entered: 08/24/2006)

Aug. 24, 2006

Aug. 24, 2006

46

MOTION for Entry of Consent Decree by Tracie Lewellen, Michelle Medina. Responses due by 10/5/2006 (Attachments: # 1 Appendix Consent Decree)(Roberts, Donna) (Entered: 09/18/2006)

Sept. 18, 2006

Sept. 18, 2006

47

CONSENT DECREE granting Motion for Entry of Consent Decree. This Decree is intended to resolve all claims of the Commission and Pltf Intervenors against Deft, including alleged, back pay, front pay, compensatory and punitive damages, interest, injunctive relief (including, but not limited to, reinstatement), attorneys' fees and costs arising out of the issues in this lawsuit. In order to resolve all issues and claims of employment discrimination and alleged damages deft agrees to pay: Ms. Jamie Edwards $42,000.00; Ms. Catrina Elvington $27,000.00; Ms. Tracie Lewellen $112,250.00; Ms. Michelle Medina $72,250.00; in compromise of the disputed claim within 10 working days of entry of this Decree. The parties shall bear their own costs in this action. See Consent Decree for further details. Signed by Judge Aleta A. Trauger on 9/19/06. (jb) (Entered: 09/19/2006)

Sept. 19, 2006

Sept. 19, 2006

48

Docket entry number 47 is hereby entered on the docket in compliance with Rule 58 and/or Rule 79(a) of the Federal Rules of Civil Procedure on 9/19/06 by JB. (jb) (Entered: 09/19/2006)

Sept. 19, 2006

Sept. 19, 2006

Case Details

State / Territory: Tennessee

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 30, 2005

Closing Date: Sept. 19, 2008

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

Love's Travel Stop & Country Stores, Inc. (Christiana, Tennessee), Private Entity/Person

Love's Travel Stop & Country Stores, Inc., Private Entity/Person

Case Details

Causes of Action:

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

State Anti-Discrimination Law

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: 253500

Order Duration: 2006 - 2008

Content of Injunction:

Expungement of Employment Record

Neutral/Positive Reference

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Recordkeeping

Issues

General:

Retaliation

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Discrimination-basis:

Sex discrimination

Affected Sex or Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit