Case: EEOC v. PEMCO AEROPLEX

2:00-cv-02762 | U.S. District Court for the Northern District of Alabama

Filed Date: Sept. 28, 2000

Closed Date: April 16, 2010

Clearinghouse coding complete

Case Summary

The Birmingham office of the EEOC brought this suit against Pemco Aeroplex, Inc., a Birmingham aerospace and defense company, in September 2000 in the U.S. District Court for the Northern District of Alabama. The complaint alleged that in violation of Title VII of the Civil Rights Act of 1964, Pemco subjected a class of African American employees to a racially hostile work environment. In December 2000 the case was consolidated with a private suit for discovery purposes only. The court grante…

The Birmingham office of the EEOC brought this suit against Pemco Aeroplex, Inc., a Birmingham aerospace and defense company, in September 2000 in the U.S. District Court for the Northern District of Alabama. The complaint alleged that in violation of Title VII of the Civil Rights Act of 1964, Pemco subjected a class of African American employees to a racially hostile work environment. In December 2000 the case was consolidated with a private suit for discovery purposes only. The court granted summary judgment to Pemco in December 2002, after which the EEOC gave notice of appeal in February of 2003. The U.S. Court of Appeals for the Eleventh Circuit reversed and remanded the case back to the district court in January 2005. The case was then settled by entry of a consent decree in April 2007.

The consent decree included non-harassment and non-retaliation clauses, required Pemco to develop an anti-discrimination policy, as well as a complaint and investigation policy to handle future complaints of racial discrimination, and also required Pemco to conduct annual surveys amongst its employees regarding the implementation of the decree. Pemco also agreed to post an anti-discrimination notice and to institute anti-discrimination training and team-building exercises for all employees. The decree contains record-keeping provisions and requires scheduled reporting to the EEOC on compliance. Additionally Pemco was required to pay $390,000.00 to settle the claims of the individual class members. In the event that either party finds non-compliance, it is to give the other party twenty days to remedy the problem and then seek court enforcement. The decree is in effect for three years.

Summary Authors

Kevin Wilemon (6/6/2008)

Related Cases

Thomas v. Pemco Aeroplex, Inc., Northern District of Alabama (1999)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5391054/parties/eeoc-v-pemco-aeroplexinc/


Judge(s)

Acker, William Marsh (Alabama)

Judge(s)

Acker, William Marsh (Alabama)

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Documents in the Clearinghouse

Document

2:00-cv-02762

Docket [PACER]

EEOC v. Pemco Aeroplex

July 12, 2007

July 12, 2007

Docket
1

2:00-cv-02762

Complaint

EEOC v. Pemco Aeroplex

Sept. 28, 2000

Sept. 28, 2000

Complaint
15

2:00-cv-02762

Motion to consolidate [DENIED BY COURT]

EEOC v. Pemco Aeroplex

Feb. 15, 2002

Feb. 15, 2002

Pleading / Motion / Brief
60

2:00-cv-02762

Memorandum Opinion

EEOC v. Pemco Aeroplex

Dec. 13, 2002

Dec. 13, 2002

Order/Opinion
61

2:00-cv-02762

Order

EEOC v. Pemco Aeroplex

Dec. 13, 2002

Dec. 13, 2002

Order/Opinion

03-10719

Opinion

EEOC v. Pemco Aeroplex

U. S. Court of Appeals for the Eleventh Circuit

Sept. 13, 2004

Sept. 13, 2004

Order/Opinion

04-01292

[Untitled]

Pemco Aeroplex v. EEOC

Supreme Court of the United States

Oct. 3, 2005

Oct. 3, 2005

Order/Opinion
77

2:00-cv-02762

Memorandum Opinion and Case Management Order

EEOC v. Pemco Aeroplex

Dec. 5, 2005

Dec. 5, 2005

Order/Opinion
100

2:00-cv-02762

Consent Decree

Equal Employment Opportunity Commission v. Pemco Aeroplex, Inc.

April 16, 2007

April 16, 2007

Settlement Agreement

2:00-cv-02762

EEOC Press Release

EEOC v. Pemco Aeroplex

No Court

May 31, 2007

May 31, 2007

Press Release

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5391054/eeoc-v-pemco-aeroplexinc/

Last updated Feb. 15, 2024, 3:27 a.m.

ECF Number Description Date Link Date / Link
60

MEMORANDUM opinion filed ( by Judge William M. Acker Jr ) cm (Former Employee)

Dec. 13, 2002

Dec. 13, 2002

RECAP
79

MEMORANDUM OPINION and ORDER if EEOC files the suggested concession by 4:30 pm 12/30/05, Pemco's motion to compel will be denied; if not, an appropriately redacted set of EEOC's materials will be made available to Pemco by the partial grant of Pemco's motion; ddl created for 4:30 pm 12/30/2005.. Signed by Judge William M Acker Jr on 12/21/05. (KGE, )

Dec. 21, 2005

Dec. 21, 2005

RECAP
88

MEMORANDUM OPINION and ORDER the parties are ORDERED to file a joint stipulation or separate responses to suggestions made in this order by 4:30 pm on 3/20/2006.. Signed by Judge William M Acker Jr on 3/3//06. (KGE, )

March 3, 2006

March 3, 2006

RECAP
1

COMPLAINT filed, amount paid $ 150.00, receipt # 200 145668 (Former Employee) (Entered: 1211 011999)

2

REQUEST of pIa for service by certified mail filed (Former Employee) (Entered: 1211011999)

3

SUMMONS and complaint returned executed: upon dft Pemco Aeroplex, Inc on 12113/99 filed (Former Employee) (Entered: 1211511999)

Alias SUMMONS and complaint issued upon dft Pemco Aeroplex, Inc mailed by certified mail (Former Employee) (Entered: 1212211999)

4

SUMMONS and complaint returned executed: upon dft Precision Standard on 12121/99 filed (Former Employee) (Entered: 12123/1999)

5

SUMMONS and complaint returned executed: upon dft Pemco Aeroplex, Inc on 12123/99 filed (Former Employee) (Entered: 1212711999)

6

ANSWER by defendant Pemco Aeroplex, Inc, defendant Precision Standard w/appear by atty(s) Stephen E Brown, Jeffrey A Lee filed cs (Former Employee) (Entered: 0111112000)

ORDER that parties are reminded ofFed.R.Civ.P. 26 and 16 as set out; jury cost will be taxed equally filed (by Judge William M. Acker Jr) cm (SRJ) (Entered: 0111212000)

8

Report of Parties (form 35) of compliance with FRCP 26 filed (Former Employee) (Entered: 01/3112000)

ORDER; Status hearing to be held on 1 :302110/00 filed (by Judge William M. Acker Jr) cm (Former Employee) (Entered: 02/0312000)

ORDER Standard that ;discovery cutoff 1111/00 ; all potentially dispositive motions to be filed by 2115/00; pre-trial conf set 1/31/01 ;jury trial set 2128/01 by Judge William M. Acker Jr entered cm (Former Employee) (Entered: 03/0112000)

ORDER the aspect of the action which purports to seek the certification of a class is DISMISSED FOR WANT OF PROSECTION, without prejudice to any claims that unnamed members of the putative class may have, filed ( by Judge William M. Acker Jr) cm (Former Employee) (Entered: 03/0112000)

ORDER vacating order [11-1], granting motion for reconsideration the court's 311100 order [12-1] ; Cs Mgmt ddl unless by 4:303/31/00 pIa's and dfts submit a joint proposal of a schedule for discovery relevant to class status and date for class cert hearing, the court will enter such a schedule and will not deviate from it filed ( by Judge William M. Acker Jr) cm (Former Employee) (Entered: 0312712000)

14

RESPONSE by pIa's and dft to Scheduling order; Cs Mgmt ddl unless by 4:30 3/31100 pIa's and dfts submit a joint proposal of a schedule for discovery relevant to class status and date for class cert hearing, the court will enter such a schedule and will not deviate from it [13-1] filed (Former Employee) (Entered: 03/3112000)

ORDER granting parties joint motion for the scheduling of discovery relating to class certification [14-1], ; the scheduling order entered on 311100 ia AMENDED to allow discovery related to class issues until 7114/00. a class certification hearing set for 9:007128/00 filed (by Judge William M. Acker Jr) cm (Former Employee) (Entered: 0410312000)

16

MOTION by plas to amend complaint filed cs (Former Employee) (Entered: 0411712000)

17

MOTION by dft to amend answer filed cs (Former Employee) (Entered: 0512512000)

17 - ORDER granting motion to amend answer [17-1] (by Judge William M. Acker Jr) entered cm (Former Employee) (Entered: 05/3012000)

19

First Amended ANSWER by defendant Pemco Aeroplex, Inc filed cs (Former Employee) (Entered: 05/3012000)

MEMORANDUM opinion filed ( by Judge William M. Acker Jr ) cm (DWC) (Entered: 06/0512000)

ORDER, in accordance wi memorandum opinion, pIa's motion for leave to amend is DENIED wlo prej to the rights of the individual would-be-named pla(s) to apply to become pIa-intervenors pursuant to Rule 24(b) in the event the putative class is not certified [16-1]; filed (by Judge William M. Acker Jr) cm amendment "A" atta (DWC) (Entered: 06/0512000)

22

BRIEF by dft's Pemco Aeroplex, Inc, Precision Standard in opposition to pIa's motion for class certification, filed cs (Former Employee) (Entered: 0712512000)

23

SUBMISSION of discovery (3" thick in expandable folder) by dft's Pemco Aeroplex, Inc, and Precision Standard in opposition to pIa's motion for class certification, filed cs (Former Employee) (Entered: 0712512000)

24

MOTION by counsel for pIa to continue class certification hearing filed cs (Former Employee) (Entered: 0712512000)

ORDER denying motion to continue class certification hearing [24-1] filed ( by Judge William M. Acker Jr) cm (Former Employee) (Entered: 0712512000)

ORDER granting motion for order to withdraw class allegations [27-1], denying without prejudice motion to amend with additional pIa's and claims [27-2] filed ( by Judge William M. Acker Jr) cm (Former Employee) (Entered: 0712812000)

ORDER; Status and scheduling conference to be held on 9:30 10111100 filed (by Judge William M. Acker Jr) cm (Former Employee) (Entered: 1010312000)

MOTION by plaintiff to amend complaint filed cs (Former Employee) (Entered: 1212212000)

31

SUBMISSION of discovery by pIa in support of motion to amend complaint (1 112" thick in expandable folder) filed cs (Former Employee) (Entered: 1212212000)

32

RESPONSE by dfts to pIa's motion to amend complaint [30-1] filed cs (Former Employee) (Entered: 0111712001)

33

NOTICE of Appearance for plaintiffs by attys Kenneth 0 Simon and Tyrone Quarles of Simon & Assoc filed (SRJ) (Entered: 0111812001)

30 - ORDER denying motion to amend complaint [30-1] (by Judge William M. Acker Jr) entered cm (Former Employee) (Entered: 0111912001)

35

MOTION by plaintiffs to withdraw their document (motion to amend complaint) without prejudice [30-1] filed cs (SRJ) (Entered: 0112212001)

35 - ORDER finding the motion to withdraw their document (motion to amend complaint) without prejudice [30-1] [35-1] moot (by Judge William M. Acker Jr) entered cm (Former Employee) (Entered: 0112212001)

MOTION by plas to amend complaint filed cs (Former Employee) (Entered: 0212112001)

37 - ORDER granting motion to amend complaint [37-1] (by Judge William M. Acker Jr) entered cm (Former Employee) (Entered: 0212112001)

AMENDED complaint filed by plaintiff [1-1]; jury demand filed cs (Former Employee) (Entered: 0212112001)

ORDER Amended Scheduling that ;discovery cutoff 7127/01; all potentially dispositive motions to be filed by 8117/01; by Judge William M. Acker Jr entered cm (Former Employee) (Entered: 0312012001)

MOTION by plas for protective order filed cs (Former Employee) (Entered: 04/0412001)

MEMORANDUM, opinion, and order: filed ( by Judge William M. Acker Jr ) granting motion for protective order [41-1] to the limited extent as set out in this order, cm (Former Employee) (Entered: 0411612001)

MOTION by dft Pemco Aeroplex, Inc for summary judgment as to Levi A. Billups' claim filed cs (Former Employee) (Entered: 05/0312001)

MOTION by pIa Levi A Billups III to extend time to file response to dft's motion for summary judgment for one day filed cs (Former Employee) (Entered: 0512112001)

47

BRIEF by pIa Levi A Billups III in opposition to dft's motion for summary judgment filed cs (Former Employee) (Entered: 0512312001)

45 - ORDER granting motion to extend time to file response to dft's motion for summary judgment for one day [45-1] ( by Judge William M. Acker Jr ) entered cm (DWC) (Entered: 0512212001)

MOTION by dft Pemco Aeroplex, Inc for summary judgment as to Ronald L. Taylor's claim filed cs (Former Employee) (Entered: 0512912001)

49

RESPONSE by dft Pemco Aeroplex, Inc to pIa's opposition to motion for summary judgment as to Levi A. Billups' claim [43-1] filed cs (Former Employee) (Entered: 0512912001)

ORDER (Submission) that the motion for summary judgment as to Ronald L. Taylor's claim [48-1] is submitted 6119101 ; Responsive Brfs Due by 6112/01, Reply Brfs Due by 6119101 , filed (Judge William M. Acker Jr) motion docket 4:30pm 6119101 cm (Former Employee) (Entered: 0512912001)

MOTION by pIa to extend time for pIa's to file expert report filed cs (Former Employee) (Entered: 06/0112001)

51 - ORDER granting motion to extend time for pIa's to file expert report [51-1] ( by Judge William M. Acker Jr) entered cm (Former Employee) (Entered: 06/0112001)

MOTION by plaintiff to amend complaint to add PEMCO Aviation Group as a dft filed cs (BST) (Entered: 06/0612001)

56

EXPERT REPORT of Dr. Stanley L. Brodsky filed cs (not an original signature) (BST) (Entered: 06/0612001)

57

EXPERT REPORT of George Munchus, Ph.D. filed cs (not an original signature) (BST) (Entered: 06/0612001)

MEMORANDUM opinion filed ( by Judge William M. Acker Jr ) cm (Former Employee) (Entered: 06/0412001)

ORDER adopting memorandum opinion [53-1] granting dft's motion for summary judgment as to Levi A. Billups' claim [43-1] to dismiss pIa Billups's action with prejudice filed (by Judge William M. Acker Jr) cm (Former Employee) (Entered: 06/0412001)

58

RESPONSE by pIa Ronald L Taylor to dft's motion for summary judgment as to Ronald L. Taylor's claim [48-1] filed cs (Former Employee) (Entered: 0611312001)

59

MOTION by dft Precision Standard and movant Pemco Aviation Group to dismiss with brief in opposition to pIa's motion to add party included thereon, filed cs (Former Employee) (Entered: 0611512001)

ORDER granting motion for summary judgment as to Ronald L. Taylor's claim [48-1], re motion to amend complaint to add PEMCO Aviation Group as a dft [55-1] ddl set for 4:306125/01 for pIa's to submit a proposed amended complaint, filed (by Judge William M. Acker Jr) cm (Former Employee) (Entered: 0611812001)

MOTION by movant Pemco Aviation Group and defendant Precision Standard to supplement record[61-1] filed cs (Former Employee) (Entered: 0611912001)

61 - ORDER granting motion to supplement record[61-1] [61-1] (by Judge William M. Acker Jr) entered cm (Former Employee) (Entered: 0611912001)

MOTION by pIa to file third amended complaint filed cs (Former Employee) (Entered: 0612612001)

64

WITNESS list (amended report of Dr. Stanley Brodsky) filed cs (Former Employee) (Entered: 0612612001)

ORDER granting motion to file third amended complaint [63-1], terminating motion to amend complaint to add PEMCO Aviation Group as a dft [55-1], re motion to dismiss [59-1] ddl set for 4:307/9101 for any materials pertaining to motion to dismiss to be filed, filed (by Judge William M. Acker Jr) cm (Former Employee) (Entered: 0612712001)

NOTICE of appeal by plaintiff Levi A Billups III from District Court decision, [53 -1] ; notice of appeal, order appealed from and court copy of docket entries wltransmittalletter mailed cm (Former Employee) (Entered: 07/0612001)

APPEAL fee received in amount of$ 105.00 receipt #200 166056 (Former Employee) (Entered: 07/0612001)

67

BRIEF by plas in opposition to Precision Standard and Pemco Aviation Group, Inc.'s motion to dismiss, with exhibits attached (in expandable folder) filed cs (Former Employee) (Entered: 0711012001)

Third AMENDED complaint filed by plas; jury demand (deemed filed 6127/01) filed cs (Former Employee) (Entered: 0711112001)

MOTION by pIa for order to supplement the record on dft's motion to dismiss filed cs (Former Employee) (Entered: 0711212001)

MOTION by dft for protective order to quash pIa's notice to depose Michael E. Tennenbaum filed cs (Former Employee) (Entered: 0711812001)

NOTIFICATION by Circuit Court of Appellate docket number 01-13865 B (Former Employee) (Entered: 0711912001)

MOTION by plas to compel production filed cs (Former Employee) (Entered: 07/3012001)

73

RESPONSE by dfts to motion to compel production [72-1] filed cs (Former Employee) (Entered: 08/0112001)

74

Appeal Information Sheet filed [66-1] (Former Employee) (Entered: 08/0212001)

MOTION by dfts to extend time of sumjgm ddl filed cs (CTS) (Entered: 0811012001)

75 - ORDER granting dft's motion to extend time of sumjgm ddl to 8124/01 [75-1] - "GRANTED AND ORDERED ACCORDINGL Y" ( by Judge William M. Acker Jr) entered cm (CTS) (Entered: 0811012001)

MOTION by defendant for summary judgment as to Meshell Belser's claim filed cs (Former Employee) (Entered: 0811612001)

MOTION by defendant for summary judgment as to Erwin Curtis' claim filed cs (Former Employee) (Entered: 0811612001)

MOTION by defendant for summary judgment as to Allen Hurt's claim filed cs (Former Employee) (Entered: 0811612001)

ORDER (Submission) that the motion for summary judgment as to Allen Hurt's claim [79-1] is submitted 9/7/01 ; Responsive Brfs Due by 8129/01, Reply Brfs Due by 9/7/01 , filed (Judge William M. Acker Jr) motion docket 4:30pm 9/7/01 cm (Former Employee) (Entered: 0811612001)

ORDER (Submission) that the motion for summary judgment as to Erwin Curtis' claim [78-1] is submitted 9/7/01 ; Responsive Brfs Due by 8129/01, Reply Brfs Due by 9/7/01 , filed (Judge William M. Acker Jr) motion docket 4:30pm 9/7/01 cm (Former Employee) (Entered: 0811612001)

ORDER (Submission) that the motion for summary judgment as to Meshell Belser's claim [77-1] is submitted 9/7/01 ; Responsive Brfs Due by 8129/01, Reply Brfs Due by 9/7/01 , filed (Judge William M. Acker Jr) motion docket 4:30pm 9/7/01 cm (Former Employee) (Entered: 0811612001)

ORDER re motion for protective order to quash pIa's notice to depose Michael E. Tennenbaum [70-1], re motion for order to supplement the record on dft's motion to dismiss [69-1], re motion to compel production [72-1] ; Cs Mgmt dd14:30 8/31101 at which time motions will be taken under submission, filed ( by Judge William M. Acker Jr) cm (Former Employee) (Entered: 0812112001)

MOTION by plas to stay consideration of summary judgment motions based on Bankruptcy Schedules filed cs (Former Employee) (Entered: 0812212001)

MOTION by dfts Pemco Aeroplex, Inc, and Precision Standard for summary judgment with evidentiary submission included thereon (2 VOLS) , (in expandable folder) filed cs (Former Employee) Modified on 0812712001 (Entered: 0812412001)

ORDER (Submission) that the motion for summary judgment [86-1] is submitted 9121/01 ; Responsive Brfs Due by 9114/01, Reply Brfs Due by 9121/01 , filed ( Judge William M. Acker Jr) motion docket 4:30pm 9121/01 cm (Former Employee) (Entered: 0812412001)

89

BRIEF by dfts Pemco Aeroplex, Inc, and Precision Standard in support of motion for summary judgment as to claim of pIa Donald Edwin Phillips filed cs (Former Employee) (Entered: 0812712001)

90

BRIEF by dfts Pemco Aeroplex, Inc, and Precision Standard in support of motion for summary judgment as to claims of pIa George Godfrey, filed cs (Former Employee) (Entered: 0812712001)

91

BRIEF by dfts Pemco Aeroplex, Inc, and Precision Standard in support of motion for summary judgment as to claims of pIa Walter Burns, filed cs (Former Employee) (Entered: 0812712001)

92

BRIEF by dfts Pemco Aeroplex, Inc, and Precision Standard in support of motion for summary judgment as to claims of pIa Andrew Thomas, filed cs (Former Employee) (Entered: 0812712001)

93

BRIEF by dfts Pemco Aeroplex, Inc, and Annette K Mickel in support of motion for summary judgment as to claims of pIa John Jackson, filed cs (Former Employee) (Entered: 0812712001)

94

BRIEF by dfts Pemco Aeroplex, Inc, and Precision Standard in support of motion for summary judgment as to claims of pIa Otis Bailey, filed cs (Former Employee) (Entered: 0812712001)

95

BRIEF by dfts Pemco Aeroplex, Inc, and Precision Standard in support of motion for summary judgment as to claims of pIa Michael Brown, filed cs (Former Employee) (Entered: 0812712001)

96

BRIEF by dft Pemco Aeroplex, Inc, and Precision Standard in support of motion for summary judgment as to claims of pIa Mary Catherine Johnson, filed cs (Former Employee) (Entered: 0812712001)

97

BRIEF by dfts Pemco Aeroplex, Inc, and Precision Standard in support of motion for summary judgment as to claims of pIa Allen Hurt, filed cs (Former Employee) (Entered: 0812712001)

99

BRIEF by dfts Pemco Aeroplex, Inc, and Precision Standard in support of motion for summary judgment as to claims of pIa Alfred Wayne Ramsey, filed cs (Former Employee) (Entered: 0812712001)

100

BRIEF by dfts Pemco Aeroplex, Inc, and Precision Standard in support of motion for summary judgment as to claims of pIa Alden Johnson, filed cs (Former Employee) (Entered: 0812712001)

101

BRIEF by dfts Pemco Aeroplex, Inc, and Precision Standard in support of motion for summary judgment as to claims of pIa Mitchell George, filed cs (Former Employee) (Entered: 0812712001)

102

BRIEF by dfts Pemco Aeroplex, Inc and Precision Standard in support of motion for summary judgment as to claims of pIa Carl E. Washington, filed cs (Former Employee) (Entered: 0812712001)

Case Details

State / Territory: Alabama

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 28, 2000

Closing Date: April 16, 2010

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

Pemco Aeroplex, Inc. (Birmingham, Alabama), 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

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Amount Defendant Pays: 390000

Order Duration: 2002 - 2005

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Implement complaint/dispute resolution process

Reporting

Recordkeeping

Monitoring

Issues

Discrimination-area:

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination-basis:

Race discrimination

EEOC-centric:

Direct Suit on Merits