Case: EEOC v. FLEMING INC (d/b/a J EDWARD'S)

4:99-cv-02157 | U.S. District Court for the District of South Carolina

Filed Date: June 30, 1999

Closed Date: 2001

Clearinghouse coding complete

Case Summary

In June 1999, the EEOC's Charlotte office filed this suit in the U.S. District Court for the District of South Carolina against Fleming, Inc., d/b/a J. Edward's, alleging repeated violations of Title VII of the Civil Rights Act of 1964. Specifically, the EEOC alleged that the owner and proprietor of the defendant restaurant had been subjecting male servers to sexual harassment and a hostile work environment. One complainant intervened in the suit successfully in May 2000. The defendant moved…

In June 1999, the EEOC's Charlotte office filed this suit in the U.S. District Court for the District of South Carolina against Fleming, Inc., d/b/a J. Edward's, alleging repeated violations of Title VII of the Civil Rights Act of 1964. Specifically, the EEOC alleged that the owner and proprietor of the defendant restaurant had been subjecting male servers to sexual harassment and a hostile work environment. One complainant intervened in the suit successfully in May 2000. The defendant moved for summary judgment in August 2000, but through a Report and Recommendation of the Magistrate Judge, the motion was denied. The defendant objected to that decision and, in March 2001, the District Judge overruled the objection. The parties then were able to come to an agreement that was approved by the court in the form of a consent decree in March 2001. That decree awarded $45,000 in damages and attorney's fees to three complainants. It also enjoined the defendant from discriminating or retaliating in the future in violation of Title VII. Further, it required the defendant to amend its current anti-discrimination policy and institute training programs for its employees on the topic of Title VII's requirements and sexual harassment.

Summary Authors

Justin Kanter (8/14/2007)

Documents in the Clearinghouse

Document

4:99-cv-02157

Docket (PACER)

EEOC v. Fleming Inc

March 29, 2001

March 29, 2001

Docket
36

4:99-cv-02157

Magistrate Judge's Report and Recommendation [Regarding Defendant's Motion for Summary Judgment]

EEOC v. Fleming Inc

Dec. 8, 2000

Dec. 8, 2000

Magistrate Report/Recommendation
49

4:99-cv-02157

Order [Adopting Magistrate Judge's Report and Recommendation]

EEOC v. Fleming Inc

March 1, 2001

March 1, 2001

Order/Opinion
53

4:99-cv-02157

Consent Decree

EEOC v. Fleming Inc

March 29, 2001

March 29, 2001

Settlement Agreement

Resources

Docket

Last updated March 30, 2024, 3:15 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT, no filing fee required by statute; Scheduling order due by 10/8/99 Service due by 10/28/99 for Fleming Inc (former empl) (Entered: 07/01/1999)

June 30, 1999

June 30, 1999

** Added JURY Flag indicating jury demand request. (former empl) (Entered: 07/01/1999)

June 30, 1999

June 30, 1999

2

Answers to 16B Interrogatories by plaintiff EEOC; jury demand (former empl) (Entered: 07/01/1999)

June 30, 1999

June 30, 1999

3

ANSWER to Local Rule Interrogatory 26.03 (N) by plaintiff EEOC (former empl) (Entered: 07/02/1999)

July 2, 1999

July 2, 1999

4

SCHEDULING ORDER setting Plaintiff's ID of Experts set for 12/30/99 ; Defendant's ID of Experts set for 1/31/00 ; Joining of parties,amending of pleadings on 11/30/99 ; Deadline for filing of all motions 3/17/00 ; Discovery cutoff 3/2/00 ; Jury Trial set for on or after 6/7/00 ; ( signed by Magistrate Judge Terry L. Wooten ) eod 7/12/99 mld (swel) (Entered: 07/12/1999)

July 12, 1999

July 12, 1999

5

WAIVER OF SERVICE as to Fleming Inc Answer due on 8/23/99 for Fleming Inc (swel) (Entered: 07/23/1999)

July 23, 1999

July 23, 1999

6

ANSWER to Complaint by defendant Fleming Inc (Attorney Henrietta U. Golding) (swel) (Entered: 08/23/1999)

Aug. 23, 1999

Aug. 23, 1999

7

MOTION to intervene by Matthew Morrison to become intervenor plaintiff (former empl) (Entered: 09/07/1999)

Sept. 7, 1999

Sept. 7, 1999

8

MEMORANDUM by movant Matthew Morrison in support of [7-1] motion to intervene by Matthew Morrison to become intervenor plaintiff (former empl) (Entered: 09/07/1999)

Sept. 7, 1999

Sept. 7, 1999

9

MEMORANDUM by defendant Fleming Inc in opposition to [7-1] motion to intervene by Matthew Morrison to become intervenor plaintiff (swel) (Entered: 09/20/1999)

Sept. 20, 1999

Sept. 20, 1999

10

Answers to 16B Interrogatories by defendant Fleming Inc (swel) (Entered: 10/13/1999)

Oct. 13, 1999

Oct. 13, 1999

CASE reassigned from Judge Currie to Judge Patrick Michael Duffy (glev) (Entered: 11/23/1999)

Nov. 23, 1999

Nov. 23, 1999

11

Plaintiff's ID of Experts by EEOC (swel) (Entered: 12/30/1999)

Dec. 30, 1999

Dec. 30, 1999

12

CONSENT PROTECTIVE ORDER ( signed by Magistrate Judge Terry L. Wooten ) eod 2/1/00 mld (swel) (Entered: 02/01/2000)

Feb. 1, 2000

Feb. 1, 2000

13

CONSENT AMENDED SCHEDULING ORDER setting Defendant's ID of Experts set for 3/1/00 ; Deadline for filing of all motions 5/22/00 ; Discovery cutoff 5/2/00 ; Jury Trial set for 8/14/00 ; ( signed by Magistrate Judge Terry L. Wooten ) eod 2/1/00 mld (swel) (Entered: 02/01/2000)

Feb. 1, 2000

Feb. 1, 2000

14

SECOND SUPPLEMENTAL REQUEST for Production of Documents by defendant Fleming Inc (swel) (Entered: 02/15/2000)

Feb. 15, 2000

Feb. 15, 2000

15

NOTICE of Hearing: civil pending motions hearing set for Thursday, April 13, 2000 at 2:30 pm (swel) (Entered: 03/27/2000)

March 24, 2000

March 24, 2000

Motion hearing re: [7-1] motion to intervene by Matthew Morrison to become intervenor plaintiff before Magistrate Judge Terry L. Wooten; Motion taken under advisement; Court reporter: Vince Rolland. (aric) (Entered: 04/13/2000)

April 13, 2000

April 13, 2000

Minute entry: [7-1] motion to intervene by Matthew Morrison to become intervenor plaintiff taken under advisement (aric) (Entered: 04/13/2000)

April 13, 2000

April 13, 2000

16

ORDER granting [7-1] motion to intervene by Matthew Morrison to become intervenor plaintiff ( signed by Magistrate Judge Terry L. Wooten ) eod/mld 5/2/00 (amil) (Entered: 05/02/2000)

May 2, 2000

May 2, 2000

17

Intervenor's COMPLAINT by Mathew Morrison against defendant Fleming Inc (swel) (Entered: 05/05/2000)

May 5, 2000

May 5, 2000

18

ANSWER to Interrogatories by intervenor-plaintiff Matthew Morrison (swel) (Entered: 05/05/2000)

May 5, 2000

May 5, 2000

20

ANSWER to Complaint by defendant Fleming Inc, intervenor-defendant Fleming Inc to complaint intervention (Attorney Henrietta U. Golding/D. Michael Henthorne); jury demand (swel) (Entered: 06/08/2000)

June 7, 2000

June 7, 2000

21

Answers to 16B Interrogatories and Documents to be Produced by defendant Fleming Inc; (as to Intervenor Mathew Morrison); jury demand (swel) (Entered: 06/08/2000)

June 7, 2000

June 7, 2000

22

MOTION by defendant Fleming Inc to dismiss or in the alternative for clarification (as to class action aspect of Plaintiff's Complaint and prayer for class relief) (swel) (Entered: 09/01/2000)

Aug. 31, 2000

Aug. 31, 2000

23

MEMORANDUM by defendant Fleming Inc in support of [22-1] motion to dismiss or in the alternative for clarification (as to class action aspect of Plaintiff's Complaint and prayer for class relief) [exhibits 1 - l0 attached] (swel) (Entered: 09/01/2000)

Aug. 31, 2000

Aug. 31, 2000

24

MOTION by defendant Fleming Inc for summary judgment (swel) (Entered: 09/01/2000)

Aug. 31, 2000

Aug. 31, 2000

25

MEMORANDUM by defendant Fleming Inc in support of [24-1] motion for summary judgment (exhibits 1 - 16 attached) (swel) (Entered: 09/01/2000)

Aug. 31, 2000

Aug. 31, 2000

26

MOTION by plaintiff EEOC to extend time to respond to defendant's motion to dismiss, or in the alternative, for clarification and defendant's motion for summary judgment (swel) (Entered: 09/18/2000)

Sept. 14, 2000

Sept. 14, 2000

27

ORDER granting [26-1] motion to extend time to respond to defendant's motion to dismiss, or in the alternative, for clarification and defendant's motion for summary judgment Response to motion reset to 9/29/00 for [24-1] motion for summary judgment, reset to 9/29/00 for [22-1] motion to dismiss or in the alternative for clarification (as to class action aspect of Plaintiff's Complaint and prayer for class relief) ( signed by Judge Patrick Michael Duffy ) eod 9/20-00 mld/faxed (swel) (Entered: 09/20/2000)

Sept. 19, 2000

Sept. 19, 2000

28

RESPONSE by intervenor-plaintiff Matthew Morrison to [24-1] motion for summary judgment(with exhibit 1 attached) (former empl) (Entered: 09/29/2000)

Sept. 29, 2000

Sept. 29, 2000

29

RESPONSE by plaintiff EEOC to [22-1] motion to dismiss or in the alternative for clarification (as to class action aspect of Plaintiff's Complaint and prayer for class relief) (former empl) (Entered: 10/02/2000)

Sept. 29, 2000

Sept. 29, 2000

30

RESPONSE by plaintiff EEOC to [24-1] motion for summary judgment (former empl) (Entered: 10/02/2000)

Sept. 29, 2000

Sept. 29, 2000

31

AFFIDAVIT of David Treeter by plaintiff EEOC Re: [14-1] produce requested (former empl) (Entered: 10/02/2000)

Sept. 29, 2000

Sept. 29, 2000

32

SUPPLEMENT ALANSWER to Interrogatories by intervenor-plaintiff Matthew Morrison (former empl) (Entered: 10/13/2000)

Oct. 13, 2000

Oct. 13, 2000

34

NOTICE of Hearing before Magistrate Judge Terry L. Wooten reset Motion Hearing to 10:15 12/5/00 for [24-1] motion for summary judgment, to 10:15 12/5/00 for [22-1] motion to dismiss or in the alternative for clarification (as to class action aspect of Plaintiff's Complaint and prayer for class relief) (swel) (Entered: 11/22/2000)

Nov. 22, 2000

Nov. 22, 2000

35

MOTION HEARING [24-1] motion for summary judgment held, [22-1] motion to dismiss or in the alternative for clarification (as to class action aspect of Plaintiff's Complaint and prayer for class relief) held ORAL ORDER [24-1] motion for summary judgment taken under advisement, [22-1] motion to dismiss or in the alternative for clarification (as to class action aspect of Plaintiff's Complaint and prayer for class relief) taken under advisement (before Magistrate Judge Terry L. Wooten) Court Reporter: Sharon Welch ESR Tape 00HR41 4364-END 00HR42 3-2056 (aric) (Entered: 12/06/2000)

Dec. 5, 2000

Dec. 5, 2000

36

REPORT AND RECOMMENDATION of Magistrate Judge Terry L. Wooten recommending that both the defendant's motion for summary judgment and to dismiss, or in the alternative for clarification, be DENIED in their entirety . Case no longer referred to Magistrate Judge Terry L. Wooten Objections to R and R due by 12/29/00; eod 12/11/00 mld (swel) (Entered: 12/11/2000)

Dec. 8, 2000

Dec. 8, 2000

37

OBJECTION by defendant Fleming Inc to [36-1] report and recommendations (swel) (Entered: 12/20/2000)

Dec. 20, 2000

Dec. 20, 2000

38

REPLY by plaintiff EEOC to [37-1] objection (bbro) (Entered: 01/08/2001)

Jan. 5, 2001

Jan. 5, 2001

39

REPLY by intervenor-plaintiff Matthew Morrison to [37-1] objection (former empl) (Entered: 01/09/2001)

Jan. 9, 2001

Jan. 9, 2001

39

OBJECTION by intervenor-plaintiff Matthew Morrison to [36-1] report and recommendations (former empl) (Entered: 01/09/2001)

Jan. 9, 2001

Jan. 9, 2001

40

CALENDAR NOTICE of Hearing set jury selection for 10:00 3/5/01 before Judge Patrick Michael Duffy , set mediation deadline for 2/23/01 (amil) (Entered: 01/25/2001)

Jan. 25, 2001

Jan. 25, 2001

41

PRE-TRIAL NOTICE by defendant Fleming Inc to [40-1] notice hearing set jury selection for 10:00 3/5/01 before Judge Patrick Duffy, [40-2] notice hearing set mediation deadline for 2/23/01 (amil) (Entered: 01/31/2001)

Jan. 30, 2001

Jan. 30, 2001

42

RESPONSE by intervenor-plaintiff Matthew Morrison to [40-1] notice hearing set jury selection for 10:00 3/5/01 before Judge Patrick Michael Duffy, [40-2] notice hearing set mediation deadline for 2/23/01 (amil) (Entered: 01/31/2001)

Jan. 31, 2001

Jan. 31, 2001

43

Pre-trial Notice REPLY by plaintiff EEOC to [40-1] notice hearing set jury selection for 10:00 3/5/01 before Judge Patrick Michael Duffy, [40-2] notice hearing set mediation deadline for 2/23/01 (amil) (Entered: 02/06/2001)

Feb. 2, 2001

Feb. 2, 2001

45

AFFIDAVIT of Kerith Cohen by plaintiff EEOC Re: [44-1] motion for Kerith Cohen to appear pro hac vice FILING FEE AMOUNT not paid (28:1914 doesn't allow district courts to collect filing fees from the United States) (amil) (Entered: 02/13/2001)

Feb. 9, 2001

Feb. 9, 2001

46

CONSENT ORDER reset mediation deadline for 3/2/01 for Fleming Inc, for Matthew Morrison, for Fleming Inc, for EEOC ( signed Judge Patrick Michael Duffy ) eod/mld 2/13/01 (amil) (Entered: 02/13/2001)

Feb. 13, 2001

Feb. 13, 2001

47

ORDER granting [44-1] motion for Kerith Cohen to appear pro hac vice as counsel of record for the plaintiff; FILING FEE AMOUNT (signed by Judge Patrick Michael Duffy) (EOD/MLD 02/21/01) (sste) (Entered: 02/21/2001)

Feb. 21, 2001

Feb. 21, 2001

48

NOTICE of Hearing set Jury trial for 10:00 3/7/01 before Judge Patrick Michael Duffy (amil) (Entered: 02/26/2001)

Feb. 26, 2001

Feb. 26, 2001

50

Voir dire questions by intervenor-plaintiff Matthew Morrison (amil) (Entered: 03/02/2001)

Feb. 28, 2001

Feb. 28, 2001

51

PRETRIAL BRIEF by intervenor Matthew Morrison (amil) (Entered: 03/02/2001)

Feb. 28, 2001

Feb. 28, 2001

49

ORDER adpoting magistrate's R&R and denying [24-1] motion for summary judgment, denying [22-1] motion to dismiss or in the alternative for clarification (as to class action aspect of Plaintiff's Complaint and prayer for class relief) ( signed by Judge Patrick Michael Duffy ) eod 3/1/01 (cmck) (Entered: 03/01/2001)

March 1, 2001

March 1, 2001

52

ORDER that this action is dismissed without prejudice. If settlement not consummated within 60 days, either party may petition the court to reopen/restore the calendar. Dismisssal shall be with prejudice if no action is taken under either alternative within 60 days from filing date of order ( signed by Judge Patrick Michael Duffy ) eod/mld 3/7/01 (amil) (Entered: 03/07/2001)

March 7, 2001

March 7, 2001

Case closed per Rubin order (amil) (Entered: 03/07/2001)

March 7, 2001

March 7, 2001

53

ORDER AND CONSENT DECREE outlining guidelines of settlement; Bryan Stahl and Matthew Goheen shall receive $10,000.00, Matthew Morrison shall receive $15,000.00, Defendant shall pay Plaintiff-Intervenor's attorneys fees in the amount of $10,000.00 and parties agree to all other items as outlined in this document. ( signed by Judge Patrick Michael Duffy ) eod 3/29/01 (cmck) (Entered: 03/29/2001)

March 29, 2001

March 29, 2001

Case Details

State / Territory: South Carolina

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

IWPR/Wage Project Consent Decree Study

Key Dates

Filing Date: June 30, 1999

Closing Date: 2001

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

Fleming, Inc. (Myrtle Beach), Private Entity/Person

Case Details

Causes of Action:

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

Available Documents:

Trial Court Docket

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: 45000

Order Duration: 2001 - 2003

Content of Injunction:

Expungement of Employment Record

Neutral/Positive Reference

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Monitoring

Issues

Discrimination-area:

Disparate Treatment

Discrimination-basis:

Sex discrimination

Affected Sex or Gender:

Male

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit