Case: EEOC v. GILLEY CONSTRUCTION CO., INC.

2:06-cv-02528 | U.S. District Court for the Western District of Tennessee

Filed Date: Aug. 17, 2006

Closed Date: 2009

Clearinghouse coding complete

Case Summary

In August 2006, the Memphis Office of the EEOC filed this lawsuit against Gilley Construction Co., Inc. in the U.S. District Court for the Western District of Tennessee alleging discrimination on the basis of race, African-American, in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged the defendants were paid less than their Caucasian and Hispanic counterparts, were sometimes left working while the others left the construction site, and were subsequent…

In August 2006, the Memphis Office of the EEOC filed this lawsuit against Gilley Construction Co., Inc. in the U.S. District Court for the Western District of Tennessee alleging discrimination on the basis of race, African-American, in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged the defendants were paid less than their Caucasian and Hispanic counterparts, were sometimes left working while the others left the construction site, and were subsequently terminated based upon their race. Following some discovery, the parties settled the lawsuit in July 2007 through a consent decree.

The two-year decree, containing an anti-discrimination provision, required the defendants to: make compliance reports, provide a neutral reference for the complainants, provide EEO training, post notice of employee rights, and pay $60,000 to be distributed among four complaining parties. The docket sheet does not show any further enforcement; the case was presumably closed in 2009.

Summary Authors

David Friedman (6/12/2008)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5019053/parties/equal-employment-opportunity-commission-v-gilley-construction-co-inc/


Attorney for Plaintiff

Cooper, Ronald S. (District of Columbia)

Lee, James L. (District of Columbia)

Owen, Carson L. (Tennessee)

Reams, Gwendolyn Young (District of Columbia)

Williams, Faye A. (Tennessee)

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Documents in the Clearinghouse

Document

2:06-cv-02528

Docket (PACER)

Equal Employment Opportunity Commission v. Gilley Construction Co., Inc.

July 30, 2007

July 30, 2007

Docket
1-1

2:06-cv-02528

Complaint

Equal Employment Opportunity Commission v. Gilley Construction Co., Inc.

Aug. 17, 2006

Aug. 17, 2006

Complaint
21

2:06-cv-02528

Consent Decree

Equal Employment Opportunity Commission v. Gilley Construction Co., Inc.

July 30, 2007

July 30, 2007

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5019053/equal-employment-opportunity-commission-v-gilley-construction-co-inc/

Last updated Feb. 8, 2024, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Gilley Construction Co., Inc. , filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(cas) (Entered: 08/17/2006)

Aug. 17, 2006

Aug. 17, 2006

2

ANSWER to Complaint by Gilley Construction Co., Inc..(Bowling, W.) (Entered: 09/11/2006)

Sept. 11, 2006

Sept. 11, 2006

3

SETTING LETTER: Scheduling Conference set for 10/26/2006 09:30 AM in Courtroom 5 - Memphis before Diane K. Vescovo. Please email the proposed joint scheduling order to ECF_Judge_Vescovo@tnwd.uscourts.gov by Monday, October 23, 2006. If the order is approved and filed, the conference will be canceled.Please see Judge Vescovo's Rule 16(b) instructions at www.tnwd.uscourts.gov under Instructions, Procedures and Attachments to Notices.(crv) (Entered: 10/11/2006)

Oct. 11, 2006

Oct. 11, 2006

5

SCHEDULING ORDER: Amended Pleadings due by 12/29/2006. Discovery due by 4/27/2007. Joinder of Parties due by 12/29/2006. Motions due by 5/28/2007.. Signed by Judge Diane K. Vescovo on 10/23/06. (bag, ) (Entered: 10/23/2006)

Oct. 23, 2006

Oct. 23, 2006

6

ORDER SETTING TRIAL AND PRETRIAL DATES. Signed by Judge Jon Phipps McCalla on 11/1/06. (McCalla, Jon) (Entered: 11/01/2006)

Nov. 1, 2006

Nov. 1, 2006

Set Deadlines/Hearings: Pretrial Order due by 7/30/2007. Jury Trial set for 8/13/2007 09:30 AM in Courtroom 4 - Memphis before Jon Phipps McCalla. Pretrial Conference set for 8/7/2007 09:00 AM before Jon Phipps McCalla. (jae, ) (Entered: 11/02/2006)

Nov. 1, 2006

Nov. 1, 2006

7

SETTING LETTER: Jury Trial set for 8/13/2007 09:30 AM in Courtroom 4 - Memphis before Jon Phipps McCalla. Pretrial Conference set for 8/7/2007 09:00 AM in Courtroom 4 - Memphis before Jon Phipps McCalla. Pretrial Order due by 4:30 PM on 7/30/2007.(jpw) (Entered: 11/07/2006)

Nov. 7, 2006

Nov. 7, 2006

8

MOTION for Protective Order (proposed order submitted) by Equal Employment Opportunity Commission. (Owen, Carson) (Entered: 04/18/2007)

April 18, 2007

April 18, 2007

9

NOTICE to Take Deposition of Velsby Campbell by Gilley Construction Co., Inc..(Bowling, W.) (Entered: 04/18/2007)

April 18, 2007

April 18, 2007

10

NOTICE to Take Deposition of Gary Keefer by Gilley Construction Co., Inc..(Bowling, W.) (Entered: 04/18/2007)

April 18, 2007

April 18, 2007

11

NOTICE to Take Deposition of Willie Chalmers by Gilley Construction Co., Inc..(Bowling, W.) (Entered: 04/18/2007)

April 18, 2007

April 18, 2007

12

NOTICE to Take Deposition of Michael Jones by Gilley Construction Co., Inc..(Bowling, W.) (Entered: 04/18/2007)

April 18, 2007

April 18, 2007

13

NOTICE to Take Deposition of James Grace by Gilley Construction Co., Inc..(Bowling, W.) (Entered: 04/18/2007)

April 18, 2007

April 18, 2007

14

NOTICE to Take Deposition of James Matthews by Gilley Construction Co., Inc..(Bowling, W.) (Entered: 04/18/2007)

April 18, 2007

April 18, 2007

15

ORDER granting 8 Motion for Protective Order . Signed by Magistrate Judge Diane K. Vescovo on 4/18/07. (Vescovo, Diane) (Entered: 04/18/2007)

April 18, 2007

April 18, 2007

Clearinghouse
16

MOTION to Extend Deadline (Discovery - proposed order submitted) by Equal Employment Opportunity Commission. (Owen, Carson) (Entered: 04/27/2007)

April 27, 2007

April 27, 2007

17

ORDER granting 16 Motion to Extend Discovery Deadline . Signed by Magistrate Judge Diane K. Vescovo on 4/30/07. (Vescovo, Diane) (Entered: 04/30/2007)

April 30, 2007

April 30, 2007

18

Second MOTION to Extend Deadline (Discovery Deadline) Proposed Order submitted by Equal Employment Opportunity Commission. (Owen, Carson) (Entered: 05/08/2007)

May 8, 2007

May 8, 2007

19

ORDER re 18 Second MOTION to Extend Deadline (Discovery Deadline) filed by Equal Employment Opportunity Commission. Plaintiff's motion is granted and the discovery deadline is extended indefinitely for the sole purpose of taking the deposition of William Scrivner. Signed by Magistrate Judge Diane K. Vescovo on 5/14/07. (bag, )

May 14, 2007

May 14, 2007

RECAP
20

SETTING LETTER: Pretrial Conference ADVANCED to 7/31/2007 08:45 AM in Courtroom 4 - Memphis before Judge Jon Phipps McCalla. (jpw) (Entered: 06/19/2007)

June 19, 2007

June 19, 2007

21

CONSENT DECREE. Signed by Judge Jon Phipps McCalla on 7/30/07. (McCalla, Jon) (Entered: 07/30/2007)

July 30, 2007

July 30, 2007

Clearinghouse
22

JUDGMENT . Signed by Judge Jon Phipps McCalla on 7/30/07. (McCalla, Jon) (Entered: 07/30/2007)

July 30, 2007

July 30, 2007

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: Aug. 17, 2006

Closing Date: 2009

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

Gilley Construction Co., Inc., 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: 60000

Order Duration: 2007 - 2009

Content of Injunction:

Neutral/Positive Reference

Discrimination Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Issues

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

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

Pay / Benefits

Discrimination-basis:

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits