Case: EEOC v. ABBOTT LABORATORIES, INC.

5:97-cv-00969 | U.S. District Court for the Eastern District of North Carolina

Filed Date: Dec. 9, 1997

Clearinghouse coding complete

Case Summary

In December 1997, the Charlotte District Office of the EEOC brought this suit against Abbott Laboratories, Incorporated in the U.S. District Court for the Eastern District of North Carolina. The only document publicly available regarding this case is the docket; therefore, the exact allegations involved are unknown. It appears from the docket that the complaint alleged discrimination on the basis of race, American Indian, in violation of Title VII of the Civil Rights Act of 1964. The parties filed a proposed consent decree in January 1998. After numerous objections to the consent decree were filed by charging parties, the court finally approved the final consent decree in April 1998.

Summary Authors

Michele Marxkors (6/29/2007)

Documents in the Clearinghouse

Document

5:97-cv-00969

Docket (PACER)

Equal Employment v. Abbott Laboratories

Oct. 23, 1998

Oct. 23, 1998

Docket

Resources

Docket

Last updated March 25, 2024, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

Complaint filed under Title VII alleging discrimination based on race. JURY DEMAND. (ll) (Entered: 12/29/1997)

Dec. 9, 1997

Dec. 9, 1997

(ll) (Entered: 12/29/1997)

Dec. 9, 1997

Dec. 9, 1997

2

Notice of attorney appearance for Abbott Laboratories, by Catherine E. Thompson, George Jerald Oliver as local counsel. (dh) (Entered: 01/12/1998)

Jan. 8, 1998

Jan. 8, 1998

3

Order Provisionally Approving Consent Decree - Notice shall be given of this Provisionally Approved Consent Decree by the Commission, at its sole expense, to all Native-Americans presently or formerly employed by Abbott Laboratories, Inc. at its Rocky Mount facility from November 21, 1991 until the date of filing of the Consent Decree. Notice shall be given on or before Jan. 26, 1998 in the form attached and incorporated as Exhibit D to the Consent Decree, with delivery by certified and regular mail. Any objection to Final Approval of the Consent Decree, or requests to opt-put of the class, shall be filed in writing with the clerk's office on or before Feb. 26, 1998. A fairness hearing will be held by this court if not waived, at the US Courthouse Greenville, NC on April 7, 1998 at 10:00 a.m. cys served. cy to CSO. calendar copy. signed by Malcolm J. Howard, US Judge. OB Ref: CIV OB# 56, P-58 (dh) (Entered: 01/12/1998)

Jan. 12, 1998

Jan. 12, 1998

4

Consent Decree - for Equal Employment against Abbott Laboratories, signed by Malcolm J. Howard, US Judge. OB Ref: CIV OB# 56, P-59, w/attached exhibits A - F. cys served. (dh) (Entered: 01/12/1998)

Jan. 12, 1998

Jan. 12, 1998

5

Document filed by Michelle D. High titled: Objection to Notice of Proposed Settlement of Class Action and Proposed Distribution List. (ll) (Entered: 03/02/1998)

Feb. 3, 1998

Feb. 3, 1998

6

Document filed by Connie M. Walters - Objection (in letter form) to Notice of Proposed Settlement of Class Action. (ll) (Entered: 03/02/1998)

Feb. 19, 1998

Feb. 19, 1998

7

Document filed by Kimeka W. Savage - Objection to Proposed Settlement of Class Action in letter form. (ll) (Entered: 03/02/1998)

Feb. 20, 1998

Feb. 20, 1998

9

Document filed by Jack Lynch - Objection to Proposed Settlement of Class Action. (ll) (Entered: 03/02/1998)

Feb. 23, 1998

Feb. 23, 1998

10

Document filed by Wilma Mill - Objection to Proposed Settlement of Class Action. (ll) (Entered: 03/02/1998)

Feb. 23, 1998

Feb. 23, 1998

11

Document filed by Vonda Wilson - Objection to Proposed Settlement of Class Action in letter form. (ll) (Entered: 03/02/1998)

Feb. 24, 1998

Feb. 24, 1998

12

Document filed by Alma Lynch - Objection to Proposed Settlement of Class Action. (ll) (Entered: 03/02/1998)

Feb. 24, 1998

Feb. 24, 1998

13

Document filed by Linda Wilson - Objection to Proposed Settlement of Class Action. (ll) (Entered: 03/02/1998)

Feb. 26, 1998

Feb. 26, 1998

14

Document filed by plaintiff Equal Employment titled: Response to Objections to Consent Decree. w/cs and attachments. (ll) (Entered: 04/01/1998)

April 1, 1998

April 1, 1998

15

Affidavit of Lynette A. Barnes by Equal Employment Re: [14-1] Response to Objections to Consent Decree. (ll) (Entered: 04/01/1998)

April 1, 1998

April 1, 1998

Case submitted to: Judge Howard [0-0] relief set fairness hearing before Judge Malcolm J. Howard to 10:00 4/7/98 in G'ville. (ll) (Entered: 04/01/1998)

April 1, 1998

April 1, 1998

Miscellaneous hearing re: [4-1] consent judgment order and objections thereto before Judge Malcolm J. Howard. COURT REPORTER: KEN MACKENZIE. Counsel present: Plaintiff: Lynette Barnes and Rosemary Fox. Defendant: George Oliver and Nancy Rafuse. Objector, Michelle High: David Silver. Court hears from counsel and all objectors who were present (Harrison Lynch, Kimeka W. Savage, Jack Lynch, Wilma Mills, Linda Wilson, Vonda Wilson, Alma Lynch, and Connie Mills Walters). Court finds the only amendment to the consent decree is the addition of Michelle High who shall be included in the amount to be distributed. Counsel for EEOC shall prepare a proposed order for the court. Total time: 1/2 hour. (ll) (Entered: 04/07/1998)

April 7, 1998

April 7, 1998

CASE FILE RETURNED from: Judge Howard's Chambers (ll) (Entered: 04/07/1998)

April 7, 1998

April 7, 1998

Case submitted to: Judge Howard for his review of the proposed Final Order Approving Consent Decree. (ll) (Entered: 04/17/1998)

April 17, 1998

April 17, 1998

16

Final Order Approving Consent Decree - IT IS ORDERED AND ADJUDGED Michele High shall be allowed to participate in the distribution as a Group III distributee; Consent Decree as modified by attached Exhibit A is finally approved and entered as of the date of this order; All remaining objections are denied; Statues of limitations which may have been tolled during this class action shall begin to run again from the date of the entry of this order; Any motion to intervene shall be filed within 60 days of the date of this order; If no motions to intervene are filed, and neither of the parties seeks to void its consent to the Consent Decree, parties shall move for dismissal within 70 days of the date of this order. signed by Malcolm J. Howard, USDJ. OB Ref: CIV OB #57, p. 53. Cys. served. (ll) (Entered: 04/21/1998)

April 21, 1998

April 21, 1998

Case submitted to: Malcolm J. Howard, USDJ for consideration of the Final Order Approving Consent Decree w/ attachment A. (ll) (Entered: 05/11/1998)

May 11, 1998

May 11, 1998

17

Amended Final Order Approving Consent Decree w/Attachment A Final Distribution List Attached - IT IS ORDERED AND ADJUDGED Michele High shall be allowed to participate in the distribution as a Group III distributee; Consent Decree as modified by attached Exhibit A is finally approved and entered as of the date of this order; All remaining objections are denied; Statues of limitations which may have been tolled during this class action shall begin to run again from the date of the entry of this order; Any motion to intervene shall be filed within 60 days of the date of this order; If no motions to intervene are filed, and neither of the parties seeks to void its consent to the Consent ecree, parties shall move for dismissal with prejudice within 70 days of the date of this order. This is same order as filed April 21, 1998, now with Attachment A, Final Distribution List. cys served. signed by Malcolm J. Howard, US Judge. OB Ref: CIV OB# 57, P-76 (dh) (Entered: 05/13/1998)

May 13, 1998

May 13, 1998

18

Stipulation of dismissal - Parties stipulate that this action shall be, and the same is hereby, dismissed with prejudice, except that the court retains jurisdiction until May 13, 2000, over any action to enforce the Consent Decree filed herein. Signed by counsel for parties. (ll) (Entered: 07/31/1998)

July 27, 1998

July 27, 1998

Case closed. Permanent. (ll) (Entered: 07/31/1998)

July 27, 1998

July 27, 1998

Case file returned to Raleigh Clerk's Office - 60 days up. **NOTE**File returned with instructions to forward to Scott per copy request received. (dh) (Entered: 10/23/1998)

Oct. 23, 1998

Oct. 23, 1998

Case Details

State / Territory: North Carolina

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Dec. 9, 1997

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

Abbott Laboratories, Incorporated, Private Entity/Person

Case Details

Causes of Action:

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

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

Discrimination-area:

Disparate Treatment

Discrimination-basis:

Race discrimination

Race:

American Indian/Alaskan Native

EEOC-centric:

Direct Suit on Merits