Case: EEOC v. CONSUMERS ENERGY COMPANY, fka CONSUMERS POWER COMP

2:98-cv-70846 | U.S. District Court for the Eastern District of Michigan

Filed Date: Feb. 26, 1998

Closed Date: March 29, 2004

Clearinghouse coding complete

Case Summary

In February 1998, the Detroit office of the EEOC brought this suit against Consumer Energy Company f/k/a Consumer Power Company in the U.S. District Court for the Eastern District of Michigan. After both parties filed discovery motions, the case settled by entry of a consent decree in June 2000. The court ordered the defendant to pay into an interest gathering fund the amount of $220,000. In addition to the monetary amount, Consumer Energy also had to offer plaintiff a job as well as hire 11 other individuals similarly situated. Consumer Energy had to post a notice of non-discrimination and send their hiring personnel through Title VII training.

Summary Authors

Jennifer Solomon (6/26/2007)

Documents in the Clearinghouse

Document

2:98-cv-70846

Docket

EEOC v. Consumers Energy Corporation

March 29, 2001

March 29, 2001

Docket
105

2:98-cv-70846

Consent Decree

EEOC v. Consumers Energy Corporation

March 29, 2001

March 29, 2001

Settlement Agreement

Resources

Docket

Last updated March 25, 2024, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with jury demand - Receipt # USA (cm) (Entered: 02/27/1998)

Feb. 26, 1998

Feb. 26, 1998

2

ANSWER by defendant Consumers Energy Co to complaint [1-1] with proof of mailing (lh) (Entered: 04/01/1998)

April 1, 1998

April 1, 1998

2

AFFIRMATIVE defenses by defendant Consumers Energy Co with proof of mailing (lh) (Entered: 04/01/1998)

April 1, 1998

April 1, 1998

3

PROOF of mailing by defendant Consumers Energy Co of first request for production of documents (db) (Entered: 04/13/1998)

April 13, 1998

April 13, 1998

5

NOTICE of reassignment of case from Judge George E. Woods to Judge Arthur J. Tarnow pursuant to administrative order 98-AO-023 (MM) (Entered: 06/03/1998)

May 26, 1998

May 26, 1998

4

PRETRIAL scheduling order by Judge George E. Woods - deadline for discovery set for 11/2/98 , deadline for filing dispositive motions 11/20/98 , final pretrial conference set for 1:00 4/6/99 , deadline for witness list set for 10/12/98 , civil jury trial set for 8:30 6/8/99 (bk) (Entered: 05/28/1998)

May 27, 1998

May 27, 1998

6

PROOF of mailing of plaintiff's responses to defendant's first set of interrogatories, related requests to produce , first request for admission and related interrogatory (ls) (Entered: 07/28/1998)

July 27, 1998

July 27, 1998

7

PROOF of mailing by defendant Consumers Energy Co of notice of deposition of Patricia McNeil (DT) (Entered: 09/01/1998)

Aug. 31, 1998

Aug. 31, 1998

8

NOTICE by defendant of taking deposition of Patricia McNeil on 9/16/98 at 10:00 am (DT) (Entered: 09/01/1998)

Aug. 31, 1998

Aug. 31, 1998

9

PROOF of mailing of EEOC's second set of interrogatories and requests to produce documents and things (ew) (Entered: 09/24/1998)

Sept. 23, 1998

Sept. 23, 1998

10

PROOF of mailing of defendant's second request for production of documents (ls) (Entered: 10/01/1998)

Sept. 30, 1998

Sept. 30, 1998

11

APPEARANCE for defendant of attorney Richard J. Seryak (PP) (Entered: 10/06/1998)

Oct. 5, 1998

Oct. 5, 1998

12

PROOF of mailing by defendant of second interrogatories and related requests to produce defendant's second request for admission and related interrogatory, and notice of attorney appearance.. (PP) (Entered: 10/06/1998)

Oct. 5, 1998

Oct. 5, 1998

13

WITNESS list by defendant Consumers Energy Co with proof of mailing (DT) (Entered: 10/14/1998)

Oct. 13, 1998

Oct. 13, 1998

14

FIRST WITNESS list by plaintiff EEOC (DT) (Entered: 10/16/1998)

Oct. 15, 1998

Oct. 15, 1998

15

PROOF of mailing (copy) of Consumers Energy Company's answers to plaintiff EEOC's first set of interrogatories and requests for production of doucments (lh) Modified on 10/26/1998 (Entered: 10/19/1998)

Oct. 16, 1998

Oct. 16, 1998

16

PROOF of mailing of Consumers Energy Company's answers to plaintiff EEOC's first set of requests for admission (lh) Modified on 10/26/1998 (Entered: 10/19/1998)

Oct. 16, 1998

Oct. 16, 1998

SCHEDULE: by Judge Arthur J. Tarnow status conference set for 2:15 11/10/98 (tt) (Entered: 10/22/1998)

Oct. 22, 1998

Oct. 22, 1998

17

PROOF of mailing by defendant Consumers Energy Co of answers to plaintiff's third set of requests for production of documents (RH) (Entered: 11/05/1998)

Nov. 4, 1998

Nov. 4, 1998

18

PROOF of mailing by defendant Consumers Energy Co of answers to plaintiff's second set of interrogatories and requests to produce documents (RH) (Entered: 11/05/1998)

Nov. 4, 1998

Nov. 4, 1998

STATUS conference held and new dates were given. - Judge Arthur J. Tarnow (tt) (Entered: 11/10/1998)

Nov. 10, 1998

Nov. 10, 1998

19

PRETRIAL scheduling order by Judge Arthur J. Tarnow - deadline for discovery set for 3/1/99 , deadline for filing motions set for 2/1/99 , deadline for witness list set for 1/10/99 , deadline for filing dispositive motions set for 4/1/99 , final pretrial conference set for 2:30 5/18/99 , deadline for final pretrial order set for 5/11/99 , settlement conference set for 2:30 5/18/99 , civil jury trial set for April/June of 1999 and that defendant will send prepared questionaire by 11/17/98 (lh) (Entered: 11/12/1998)

Nov. 10, 1998

Nov. 10, 1998

20

PROOF of mailing by plaintiff EEOC of answers to defendant's second interrogatories (DT) (Entered: 12/08/1998)

Dec. 7, 1998

Dec. 7, 1998

21

AMENDED WITNESS list by defendant Consumers Energy Co, with proof of service (RH) (Entered: 01/14/1999)

Jan. 12, 1999

Jan. 12, 1999

22

SECOND WITNESS list by plaintiff EEOC, with proof of service (RH) (Entered: 01/15/1999)

Jan. 13, 1999

Jan. 13, 1999

23

AMENDED WITNESS list by Consumers Energy Co (ew) (Entered: 01/20/1999)

Jan. 19, 1999

Jan. 19, 1999

35

PROOF of mailing by plaintiff EEOC of motion and brief to modify the Court's scheduling order (RH) (Entered: 02/24/1999)

Feb. 1, 1999

Feb. 1, 1999

24

MOTION by plaintiff EEOC to modify the court's scheduling order with brief and exhibits (ls) (Entered: 02/02/1999)

Feb. 1, 1999

Feb. 1, 1999

25

MOTION by defendant Consumers Energy Co to comply with brief, notice of hearing, exhibits and proof of mailing (ls) (Entered: 02/02/1999)

Feb. 1, 1999

Feb. 1, 1999

34

MOTION by plaintiff EEOC to compel discovery with brief and exhibits (RH) (Entered: 02/24/1999)

Feb. 1, 1999

Feb. 1, 1999

36

AMENDED PROOF of mailing by plaintiff EEOC of motion and brief to modify the Court's scheduling order (RH) (Entered: 02/24/1999)

Feb. 4, 1999

Feb. 4, 1999

26

SECOND amended witness list by defendant, with proof of mailing. (PP) (Entered: 02/08/1999)

Feb. 5, 1999

Feb. 5, 1999

27

PROOF of mailing by defendant of notice of deposition duces tecum of Debra Busard; Vicki Johnson-Crilly; Laura Bemis; Rose Slobodian and Diane Dodds. (PP) (Entered: 02/08/1999)

Feb. 5, 1999

Feb. 5, 1999

28

ORDER by Judge Arthur J. Tarnow, referring motion to comply by Consumers Energy Co [25-1] and motion to compel discovery [34-1] to Magistrate Judge Donald A. Scheer , for hearing and determination (RH) (Entered: 02/24/1999)

Feb. 9, 1999

Feb. 9, 1999

29

PROOF of mailing by defendant Consumers Energy Co of supplemental answers to interrogatories and request for production of documents to plaintiff's attorney (RH) (Entered: 02/17/1999)

Feb. 16, 1999

Feb. 16, 1999

31

RESPONSE by defendant Consumers Energy Co to motion to modify the court's scheduling order by EEOC [24-1] with exhibits 1-4 (RH) (Entered: 02/17/1999)

Feb. 16, 1999

Feb. 16, 1999

32

PROOF of mailing of defendant's response to EEOC's motion to modify scheduling order and motion to compel (ls) (Entered: 02/17/1999)

Feb. 16, 1999

Feb. 16, 1999

37

RESPONSE by defendant Consumers Energy Co to motion to compel discovery by EEOC [34-1] with exhibits 1-3 (RH) (Entered: 02/24/1999)

Feb. 16, 1999

Feb. 16, 1999

42

RESPONSE by defendant Consumers Energy Co to motion to modify the court's scheduling order by EEOC [24-1], with exhibits 1-4, brief and proof of service (RH) (Entered: 02/24/1999)

Feb. 16, 1999

Feb. 16, 1999

38

NOTICE by Magistrate Donald Scheer of setting hearing on motion to comply by Consumers Energy Co [25-1] and motion to compel by EEOC [34-1] for 2:00 3/3/99 (RH) (Entered: 02/24/1999)

Feb. 17, 1999

Feb. 17, 1999

39

MOTION by defendant Consumers Energy Co for pre-trial conference , with brief, exhibit 1, notice of hearing and proof of service (RH) (Entered: 02/24/1999)

Feb. 18, 1999

Feb. 18, 1999

41

PROOF of mailing by defendant Consumers Energy Co of third request for production of documents (RH) (Entered: 02/24/1999)

Feb. 18, 1999

Feb. 18, 1999

33

RESPONSE by plaintiff EEOC to motion to comply by Consumers Energy Co [25-1] with exhibits and proof of mailing (ew) (Entered: 02/22/1999)

Feb. 19, 1999

Feb. 19, 1999

40

THIRD AMENDED WITNESS list by defendant Consumers Energy Co, with proof of service (RH) (Entered: 02/24/1999)

Feb. 24, 1999

Feb. 24, 1999

43

NOTICE by defendant Consumers Energy Co of taking deposition of each claimant in plaintiff's class pursuant to FRCP 26 and 30 on with exhibit "A" and proof of mailing (lh) (Entered: 03/01/1999)

March 1, 1999

March 1, 1999

MOTION hearing adjourned on motion to comply by Consumers Energy Co [25-1] to 2:00 3/9/99, motion to compel discovery by EEOC [34-1] to 2:00 3/9/99 - Magistrate Judge Donald A. Scheer (RJ) (Entered: 03/02/1999)

March 2, 1999

March 2, 1999

44

PROOF of mailing of second supplemental answers to interrogatories and request for production (lh) (Entered: 03/04/1999)

March 4, 1999

March 4, 1999

45

NOTICE by defendant Consumers Energy Co of taking deposition of Debra Busard 3/10/99 @ 9:30 am, Laura Bowen Bemis on 3/10/99 @ 1:30 pm, Rose Slobadian on 3/11/99 @ 9:30 am and Vicki Johnson Crilly on 3/11/99 @ 1:30 pm with proof of mailing (lh) (Entered: 03/04/1999)

March 4, 1999

March 4, 1999

MOTION hearing held on motion to comply by Consumers Energy Co [25-1] - disposition: motion granted - Magistrate Judge Donald A. Scheer - Tape #DAS 99-030 (RJ) (Entered: 03/10/1999)

March 9, 1999

March 9, 1999

MOTION hearing held on motion to compel discovery by EEOC [34-1] - disposition: motion taken under advisement - Magistrate Judge Donald A. Scheer - Tape #DAS 99-030 (RJ) (Entered: 03/10/1999)

March 9, 1999

March 9, 1999

46

THIRD amended witness list by defendant with proof of mailing (ls) (Entered: 03/10/1999)

March 9, 1999

March 9, 1999

47

ORDER by Magistrate Judge Donald A. Scheer that defendant shall submit the September 29, 1997, letter from Dr. Richard Riley to counsel for defendant (ls) (Entered: 03/12/1999)

March 11, 1999

March 11, 1999

48

ORDER by Magistrate Judge Donald A. Scheer granting motion to comply by Consumers Energy Co [25-1] (ls) (Entered: 03/12/1999)

March 11, 1999

March 11, 1999

49

FIFTH amended witness list by defendant, with proof of mailing. (PP) (Entered: 03/16/1999)

March 15, 1999

March 15, 1999

50

TRANSCRIPT taken on 3/9/99 of discovery motions (ew) (Entered: 03/18/1999)

March 16, 1999

March 16, 1999

51

ORDER by Magistrate Judge Donald A. Scheer denying motion to compel evidence by EEOC [34-1] (ew) (Entered: 03/18/1999)

March 17, 1999

March 17, 1999

SCHEDULING conference held - Judge Arthur J. Tarnow (tt) (Entered: 03/19/1999)

March 19, 1999

March 19, 1999

52

PRETRIAL scheduling order by Judge Arthur J. Tarnow - setting deadline for discovery for 7/31/99 , setting deadline for filing motions for 6/30/99 , setting deadline for witness list for 5/30/99 , setting deadline for filing dispositive motions for 9/30/99 , setting final pretrial conference for 2:30 pm on 10/19/99 , setting deadline for final pretrial order for 10/12/99 , setting settlement for 2:30 pm 10/19/99 and setting civil jury trial for OCT/DEC 1999 (DT) (Entered: 03/22/1999)

March 19, 1999

March 19, 1999

53

CONSENT ORDER by Judge Arthur J. Tarnow regarding notice to potential claimants (DT) (Entered: 03/24/1999)

March 23, 1999

March 23, 1999

55

PROOF of mailing by defendant Consumers Energy Co of fourth request for production of documents (DT) (Entered: 03/26/1999)

March 25, 1999

March 25, 1999

54

PROOF of mailing by defendant of consent order regarding notice to potential claimants (DT) (Entered: 03/26/1999)

March 25, 1999

March 25, 1999

56

APPEARANCE for plaintiff of attorney Stanley H. Pitts, with proof of mailing. (PP) (Entered: 03/31/1999)

March 30, 1999

March 30, 1999

57

STIPULATION by plaintiff regarding compliance with Magistrate Judge's March 9, 1999 order (PP) (Entered: 03/31/1999)

March 30, 1999

March 30, 1999

58

PROOF of mailing of plaintiff's supplemental answers to defendant's second set of interrogatories and related requests to produce (ls) (Entered: 04/13/1999)

April 9, 1999

April 9, 1999

59

PROOF of mailing of defendant's fifth request for production of documents and third set of interrogatories (ls) (Entered: 04/13/1999)

April 12, 1999

April 12, 1999

60

PROOF of mailing defendant Consumers Energy's sixth request for production of documents; and third set of interrogatories to plaintiff (ew) (Entered: 05/11/1999)

May 7, 1999

May 7, 1999

61

PROOF of mailing of EEOC's answers to defendant's fourth request for production of documents (ew) (Entered: 05/13/1999)

May 12, 1999

May 12, 1999

62

PROOF of mailing by defendant of seventh request for production of documents. (PP) (Entered: 05/17/1999)

May 14, 1999

May 14, 1999

64

PROOF of mailing by plaintiff EEOC of copy answer's to defendant's fifth request for production of documents (lh) (Entered: 05/25/1999)

May 19, 1999

May 19, 1999

63

PROOF of mailing by defendant of responses to plaintiff's fourth set of requests for production of documents. (PP) (Entered: 05/21/1999)

May 20, 1999

May 20, 1999

65

WITNESS list by defendant Consumers Energy Co (pursuant to the most recent pretrial order) with proof of mailing (lh) (Entered: 06/01/1999)

May 28, 1999

May 28, 1999

66

PROOF of mailing of defendant Consumers Energy Company's supplemental answer to plaintiff's fourth set of requests for production of documents (lh) (Entered: 06/01/1999)

May 28, 1999

May 28, 1999

67

PROOF of mailing of copy of defendant Consumers Energy Company's Fourth Set of Interrogatories ro plaintiff (lh) (Entered: 06/02/1999)

June 1, 1999

June 1, 1999

68

OBJECTIONS by defendant Consumers Energy Co to EEOC's attempt to represent untimely and ineligible claims with attachments and proof of mailing (lh) (Entered: 06/07/1999)

June 4, 1999

June 4, 1999

69

NOTICE by defendant Consumers Energy Co of taking deposition duces tecum of designated person @ 10:00am on 07/08/99 with Attachment A and proof of service (bk) (Entered: 06/14/1999)

June 11, 1999

June 11, 1999

70

SIXTH amended witness list by defendant Consumers Energy Co with proof of mailing (lh) (Entered: 06/21/1999)

June 18, 1999

June 18, 1999

71

PROOF of mailing of defendant Consumers Energy Company's second supplemental response to plaintiff's fourth set of requests for production of documents (lh) (Entered: 06/24/1999)

June 23, 1999

June 23, 1999

72

MOTION by defendant to compel designation of deponent , and production of documents with brief, notice of hearing, exhibits and proof of mailing (ls) (Entered: 07/02/1999)

June 30, 1999

June 30, 1999

73

ORDER by Judge Arthur J. Tarnow referring motion to compel designation of deponent and motion production of documents by Consumers Energy Co [72-2] to Magistrate Judge Donald A. Scheer , for hearing and determination with proof of mailing [EOD Date 7/2/99] (ls) (Entered: 07/02/1999)

July 1, 1999

July 1, 1999

74

MOTION by plaintiff EEOC for protective order with brief, exhibits 1-8 and proof of mailing (RH) (Entered: 07/06/1999)

July 2, 1999

July 2, 1999

75

NOTICE of taking depositions duces tecum of certain parties (see notice) , with proof of mailing (RH) (Entered: 07/06/1999)

July 2, 1999

July 2, 1999

76

NOTICE by the Court setting hearing on motion to compel designation of deponent by Consumers Energy Co [72-1] for 2:00 8/3/99 (RH) (Entered: 07/07/1999)

July 6, 1999

July 6, 1999

77

ORDER by Judge Arthur J. Tarnow, referring motion for protective order by EEOC [74-1] to Magistrate Judge Donald A. Scheer , for hearing and determination [EOD Date 7/8/99] (RH) (Entered: 07/08/1999)

July 7, 1999

July 7, 1999

78

PROOF of mailing of copies of subpoenas directed to deponents (list included) (lh) (Entered: 07/13/1999)

July 12, 1999

July 12, 1999

79

NOTICE by the Court setting hearing on motion for protective order by EEOC [74-1] for 2:00 8/3/99 (RH) (Entered: 07/14/1999)

July 13, 1999

July 13, 1999

80

ORDER by Judge Arthur J. Tarnow with stipulation regarding class claimants and discovery matters [EOD Date: 7/15/99] (DT) (Entered: 07/15/1999)

July 14, 1999

July 14, 1999

81

RESPONSE by plaintiff EEOC to motion to compel designation of deponent [72-1], motion of documents by Consumers Energy Co [72-2] with exhibits (ew) (Entered: 07/20/1999)

July 19, 1999

July 19, 1999

82

RESPONSE by defendant Consumers Energy Co to motion for protective order by EEOC [74-1] with attachments (ew) (Entered: 07/20/1999)

July 19, 1999

July 19, 1999

83

PROOF of mailing of order regarding class claimants and discovery matters (ew) (Entered: 07/20/1999)

July 19, 1999

July 19, 1999

84

PROOFS of mailing of plaintiff EEOC supplemental answer to defendant's sixth request for production of documents (ew) Modified on 07/21/1999 (Entered: 07/21/1999)

July 20, 1999

July 20, 1999

85

NOTICE by defendant Consumers Energy Co of taking deposition duces tecum of Kimberly Conklin (fka Kimberly Moore) on 7/30/99 @ 9:30 (lh) (Entered: 07/28/1999)

July 23, 1999

July 23, 1999

86

PROOF of mailing of plaintiff EEOC's third Supplemental answer to defendant's sixth request for production of documents (lh) (Entered: 07/28/1999)

July 27, 1999

July 27, 1999

87

PROOF of mailing of plaintiff's notice of depositions (ls) (Entered: 07/30/1999)

July 29, 1999

July 29, 1999

88

PROOF of mailing by defendant Consumers Energy Co of Responses to plaintiff's Second Set of Requests for Admissions and Fifth Set of Requests for Production of Documents (bk) (Entered: 08/03/1999)

Aug. 2, 1999

Aug. 2, 1999

MOTION hearing held on motion for protective order by EEOC [74-1], motion to compel designation of deponent by Consumers Energy Co [72-1], motion production of documents by Consumers Energy Co [72-2] - disposition: motions taken under advisement - Magistrate Judge Donald A. Scheer - Court Reporter: Tape #DAS 99-106 (RJ) (Entered: 08/04/1999)

Aug. 3, 1999

Aug. 3, 1999

89

PROOF of mailing by plaintiff EEOC of Fourth Supplemental Answer to defendant's Sixth Request for Production of Documents (bk) (Entered: 08/05/1999)

Aug. 4, 1999

Aug. 4, 1999

90

SUPPLEMENTAL brief by defendant Consumers Energy Co in opposition to Motion for Protective Order by EEOC [74-1] with proof of service (bk) (Entered: 08/06/1999)

Aug. 5, 1999

Aug. 5, 1999

91

TRANSCRIPT taken on 8/3/99 of motion hearing (RH) (Entered: 08/11/1999)

Aug. 10, 1999

Aug. 10, 1999

92

ORDER by Magistrate Judge Donald A. Scheer denying motion for protective order by EEOC [74-1], granting motion to compel designation of deponent by Consumers Energy Co [72-1], granting motion production of documents by Consumers Energy Co [72-2] [EOD Date 8/17/99] (ew) (Entered: 08/17/1999)

Aug. 13, 1999

Aug. 13, 1999

93

OBJECTIONS by plaintiff EEOC to Magistrate Judge Scheer's order 8/13/99 [92-1] with exhibits (DT) (Entered: 09/03/1999)

Sept. 2, 1999

Sept. 2, 1999

Case Details

State / Territory: Michigan

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Feb. 26, 1998

Closing Date: March 29, 2004

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

Consumer Energy Company, Private Entity/Person

Case Details

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: 220000

Order Duration: 2001 - 2004

Content of Injunction:

Hire

Discrimination Prohibition

Retaliation Prohibition

Other requirements regarding hiring, promotion, retention

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Goals (e.g., for hiring, admissions)

Issues

Discrimination-area:

Disparate Treatment

EEOC-centric:

Direct Suit on Merits