Case: EEOC v. E&T FOODS, LLC d/b/a COMPARE FOODS

3:06-cv-00318 | U.S. District Court for the Western District of North Carolina

Filed Date: Aug. 3, 2006

Closed Date: 2011

Clearinghouse coding complete

Case Summary

In August 2006 the Charlotte District Office of the EEOC filed this lawsuit against E&T Foods, LLC, doing business as Compare Foods, in the U.S. District Court for the Western District of North Carolina alleging discrimination on the basis of race and national origin in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged the defendant discharged or constructively discharged African-American and Whitecomplaining parties and replaced them with Hispanic emp…

In August 2006 the Charlotte District Office of the EEOC filed this lawsuit against E&T Foods, LLC, doing business as Compare Foods, in the U.S. District Court for the Western District of North Carolina alleging discrimination on the basis of race and national origin in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged the defendant discharged or constructively discharged African-American and White

complaining parties and replaced them with Hispanic employees. Following discovery and a pending motion for summary judgment by the defendant, the parties settled the lawsuit in January 2008 through a consent decree.

The three-year decree, containing an anti-discrimination provision, required the defendant to: report complaints and make other compliance reports, allow the EEOC access for monitoring, expunge the employment records of the complaining parties and provide a positive reference, develop an anti-discrimination policy, post and distribute notice of employee rights, provide EEO training, preserve employment records in a prescribed manner, and pay $40,000 to be distributed among three individuals. The docket sheet doesn't show any further enforcement took place; the case was presumably closed in 2011.

Summary Authors

David Friedman (5/7/2008)

Clearinghouse (6/11/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5358816/parties/equal-employment-opportunity-commission-v-et-foods-llc/


Judge(s)

Horn, Carl III (North Carolina)

Judge(s)

Horn, Carl III (North Carolina)

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Documents in the Clearinghouse

Document

3:06-cv-00318

Docket (PACER)

EEOC. v E&T Foods, LLC d/b/a Compare Foods

Jan. 28, 2008

Jan. 28, 2008

Docket
1

3:06-cv-00318

Complaint

EEOC. v E&T Foods, LLC d/b/a Compare Foods

Aug. 3, 2006

Aug. 3, 2006

Complaint
29

3:06-cv-00318

Consent Decree

EEOC. v E&T Foods, LLC d/b/a Compare Foods

Jan. 28, 2008

Jan. 28, 2008

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5358816/equal-employment-opportunity-commission-v-et-foods-llc/

Last updated April 11, 2024, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against E&T Foods, LLC, filed by Equal Employment Opportunity Commission.(Ryerse, Mary) (Entered: 08/03/2006)

Aug. 3, 2006

Aug. 3, 2006

NOTICE of ECF Case Opening Error re: 1 Complaint Summons not issued. Filer shall conventionally submit civil summons for issuance to the Clerk of Court. No request for waiver of service. If summons not to be issued, filer shall file a request for waiver of service using the Request for Waiver of Service event. (apb) (Entered: 08/03/2006)

Aug. 3, 2006

Aug. 3, 2006

Case Assigned to Judge Carl Horn, III. This is your only notice - you will not receive a separate document. (apb) (Entered: 08/03/2006)

Aug. 3, 2006

Aug. 3, 2006

2

REQUEST FOR WAIVER of Service sent to E&T Foods, LLC on 08/04/06 by Equal Employment Opportunity Commission. (Ryerse, Mary) (Entered: 08/04/2006)

Aug. 4, 2006

Aug. 4, 2006

4

WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. E&T Foods, LLC waiver sent on 8/4/2006, answer due 10/3/2006. (Ryerse, Mary) (Entered: 08/18/2006)

Aug. 18, 2006

Aug. 18, 2006

6

Corporate Disclosure Statement by E&T Foods, LLC (Adams, G.) (Entered: 10/03/2006)

Oct. 3, 2006

Oct. 3, 2006

7

ANSWER to Complaint by E&T Foods, LLC.(Adams, G.) (Entered: 10/03/2006)

Oct. 3, 2006

Oct. 3, 2006

8

NOTICE of Appearance by Philip M. VanHoy on behalf of E&T Foods, LLC (VanHoy, Philip) (Entered: 10/04/2006)

Oct. 4, 2006

Oct. 4, 2006

10

ORDER settingInitial Pretrial Conference for 12/12/2006 10:30 AM in Chambers before Carl Horn III.Signed by Judge Carl Horn III on 11/8/06. (com)

Nov. 8, 2006

Nov. 8, 2006

RECAP
9

CERTIFICATION of initial attorney conference and discovery plan by Equal Employment Opportunity Commission, E&T Foods, LLC.(Ryerse, Mary) (Entered: 11/08/2006)

Nov. 8, 2006

Nov. 8, 2006

11

PRETRIAL ORDER AND CASE MANAGEMENT PLAN: Discovery due by 8/31/2007. Motions due by 10/1/2007. Signed by Judge Carl Horn III on 11/8/06. (com) (Entered: 11/08/2006)

Nov. 8, 2006

Nov. 8, 2006

Minute Entry for proceedings held before Judge Carl Horn III: In Chambers Conference held on 12/12/2006. Plaintiff's attorney: Mary Margaret Ryerse.Defendant's attorney: G. Bryan Adams, III, Philip M. VanHoy. (Robinson, Chelli) (Entered: 12/12/2006)

Dec. 12, 2006

Dec. 12, 2006

12

ORDER REFERRING CASE to Mediation. Jonathan R. Harkavy appointed.Mediation deadline set for 5/15/2007. Signed by Judge Carl Horn III on 12/12/06. (com) (Entered: 12/12/2006)

Dec. 12, 2006

Dec. 12, 2006

13

NOTICE of Appearance by Darrell Elijah Graham on behalf of Equal Employment Opportunity Commission (Graham, Darrell) (Entered: 01/30/2007)

Jan. 30, 2007

Jan. 30, 2007

14

REPORT of Mediation by Jonathan R. Harkavy - parties have reached an impasse.(com) (Entered: 05/08/2007)

May 8, 2007

May 8, 2007

16

ORDER, granting 15 Joint MOTION for Extension of Scheduling Deadlines.Discovery due by 10/31/2007.,Motions due by 12/3/2007.. Signed by Judge Carl Horn III on 8/28/07. (bsw)

Aug. 28, 2007

Aug. 28, 2007

RECAP
15

Joint MOTION for Extension of Scheduling Deadlines by E&T Foods, LLC. (Adams, G.). Motions referred to Carl Horn, III. (Entered: 08/28/2007)

Aug. 28, 2007

Aug. 28, 2007

17

Joint MOTION for Extension of Scheduling Deadlines by E&T Foods, LLC. (Adams, G.). Motions referred to Carl Horn, III. (Entered: 10/23/2007)

Oct. 23, 2007

Oct. 23, 2007

18

ORDER granting 17 Motion for Extension of Scheduling Deadlines. Signed by Judge Carl Horn III on 10/24/07. (chh) (Entered: 10/24/2007)

Oct. 24, 2007

Oct. 24, 2007

Set Deadlines/Hearings: Discovery due by 11/30/2007.,Jury Trial set for 3/10/2008 09:30 AM in Courtroom #1, 401 W. Trade St., Charlotte, NC 28202 before District Judge Frank D. Whitney., Dispositive Motions due by 12/31/2007. (chh) (Entered: 12/11/2007)

Dec. 11, 2007

Dec. 11, 2007

19

MOTION for Summary Judgment by E&T Foods, LLC.Responses due by 1/17/2008. (Adams, G.) (Entered: 12/31/2007)

Dec. 31, 2007

Dec. 31, 2007

21

Addendum by E&T Foods, LLC. Addendum to 20 Memorandum in Support of Motion, (Attachments: # 1 Appendix Pena Depo Excerpts Part 2, # 2 Appendix Pena Depo Excerpts Part 3, # 3 Appendix Pena Depo Excerpts Part 4, # 4 Appendix Pena Depo Excerpts Part 5, # 5 Appendix Pena Depo Excerpts Part 6)(Adams, G.) (Entered: 12/31/2007)

Dec. 31, 2007

Dec. 31, 2007

22

Addendum by E&T Foods, LLC. Addendum to 20 Memorandum in Support of Motion, (Attachments: # 1 Appendix Hall Depo Excerpts Part 2, # 2 Appendix Polanco Depo Excerpts, # 3 Appendix Sosa Depo Excerpts Part 1, # 4 Appendix Sosa Depo Excerpts Part 2, # 5 Appendix Sosa Depo Excerpts Part 3)(Adams, G.) (Entered: 12/31/2007)

Dec. 31, 2007

Dec. 31, 2007

23

Addendum by E&T Foods, LLC. Addendum to 20 Memorandum in Support of Motion, (Attachments: # 1 Appendix Gates Depo Excerpts Part 2, # 2 Appendix Gates Depo Excerpts Part 3, # 3 Appendix McCoy Depo Excerpts Part 1, # 4 Appendix McCoy Depo Excerpts Part 2, # 5 Appendix McCoy Depo Excerpts Part 3, # 6 Appendix McCoy Depo Excerpts Part 4)(Adams, G.) (Entered: 12/31/2007)

Dec. 31, 2007

Dec. 31, 2007

24

Addendum by E&T Foods, LLC. Addendum to 20 Memorandum in Support of Motion, (Attachments: # 1 Appendix Defendant's Depo Exhibits Part 2, # 2 Appendix Defendant's Depo Exhibits Part 3, # 3 Appendix Defendant's Depo Exhibits Part 4, # 4 Appendix Defendant's Depo Exhibits Part 5, # 5 Appendix Plaintiff's Depo Exhibits Part 1, # 6 Appendix Plaintiff's Depo Exhibits Part 2, # 7 Exhibit Memorandum Exhibit A)(Adams, G.) (Entered: 12/31/2007)

Dec. 31, 2007

Dec. 31, 2007

25

MOTION for Extension of Time to File Response/Reply as to 19 MOTION for Summary Judgment by Equal Employment Opportunity Commission.Responses due by 1/28/2008. (Attachments: # 1 Proposed Order)(Ryerse, Mary). Motions referred to Carl Horn, III. (Entered: 01/11/2008)

Jan. 11, 2008

Jan. 11, 2008

26

ORDER granting 25 Motion for Extension of Time to File Response/Reply re 19 MOTION for Summary Judgment. Responses due by 1/25/2008. Signed by District Judge Frank D. Whitney on 1/11/08. (com) (Entered: 01/11/2008)

Jan. 11, 2008

Jan. 11, 2008

27

Consent MOTION for Extension of Time to File Response/Reply as to 19 MOTION for Summary Judgment by Equal Employment Opportunity Commission.Responses due by 2/11/2008. (Attachments: # 1 Proposed Order)(Ryerse, Mary). Motions referred to Carl Horn, III. (Entered: 01/25/2008)

Jan. 25, 2008

Jan. 25, 2008

TEXT-ONLY ORDER granting 27 Motion for Extension of Time to File Response/Reply re 19 MOTION for Summary Judgment Responses due by 1/28/2008. Replies due by 2/6/2008. Text of Order: Plaintiff's Second Motion for enlargement is GRANTED; Plaintiff shall file its response to Defendant's Motion for Summary Judgment on or before January 28, 2008. Plaintiff is cautioned, however, that further enlargements in this case will not be granted. So Ordered. . Entered by District Judge Frank D. Whitney on 1/25/2008. (Baker, Steve) (Entered: 01/25/2008)

Jan. 25, 2008

Jan. 25, 2008

28

NOTICE of Settlement by Equal Employment Opportunity Commission (Attachments: # 1 Proposed Order Consent Decree)(Ryerse, Mary) (Entered: 01/28/2008)

Jan. 28, 2008

Jan. 28, 2008

29

CONSENT DECREE. Signed by District Judge Frank D. Whitney on 1/28/08. (bsw)

Jan. 28, 2008

Jan. 28, 2008

RECAP

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: Aug. 3, 2006

Closing Date: 2011

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

E&T Foods, LLC (Charlotte, North Carolina), 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: 40000

Order Duration: 2008 - 2011

Content of Injunction:

Expungement of Employment Record

Neutral/Positive Reference

Discrimination Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Recordkeeping

Monitoring

Issues

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

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

Discrimination-basis:

National origin discrimination

Race discrimination

Race:

Black

White

EEOC-centric:

Direct Suit on Merits