Case: EEOC v. Xerxes Corporation

1:08-cv-01882 | U.S. District Court for the District of Maryland

Filed Date: July 18, 2008

Closed Date: Oct. 28, 2011

Clearinghouse coding complete

Case Summary

In this case, a company was not found liable for the egregiously hostile work environment its Black employees endured because—per the Fourth Circuit—it responded in a way “reasonably calculated” to end the racial harassment. This lawsuit was brought on July 18, 2008, in the U.S. District Court for the District of Maryland, by the Equal Employment Opportunity Commission (EEOC) against Xerxes Corporation, a Minnesota-based manufacturer of fiberglass storage tanks. The EEOC alleged that three Blac…

This lawsuit was brought on July 18, 2008, in the U.S. District Court for the District of Maryland, by the Equal Employment Opportunity Commission (EEOC) against Xerxes Corporation, a Minnesota-based manufacturer of fiberglass storage tanks. The EEOC alleged that three Black employees were subjected to a racially hostile work environment while working as assemblers at Xerxes’ plant in Williamsport, Maryland. The EEOC brought its claims under Title VII of the Civil Rights Act of 1964 (prohibiting employment discrimination based on race) (“Title VII”) and Title I of the Civil Rights Act of 1991 (expanding the protections granted by Title VII), seeking relief on behalf of the three named individuals and a class of similarly situated Black employees. The agency sought injunctive relief, back pay, compensatory and punitive damages, and other equitable relief. The case was initially assigned to District Judge Andre M. Davis, but reassigned to District Judge Catherine C. Blake on May 20, 2009.

Specifically, the EEOC alleged, beginning in April 2005, the three employees were subjected to repeated and vulgar racial slurs, threats, racially offensive drawings, and verbal and physical intimidation by coworkers. The EEOC claimed that Xerxes violated Title XII by failing to take prompt or adequate remedial action in response to the employees’ complaints.

After engaging in intensive discovery, both parties moved for summary judgment. On November 30, 2009, the district court granted summary judgment in favor of Xerxes and denied the EEOC’s cross-motion. In arriving at its ruling, the court assumed, without deciding, that the harassment was sufficiently severe or pervasive to support a Title VII claim, but concluded that Xerxes could not be held liable because it had responded promptly and effectively to complaints. The court found that Xerxes had investigated reported incidents, disciplined offending employees, and conducted retraining on anti-harassment policies. As to one of the three employees, the court also found that the employee (a) did not show a genuine issue of material fact as to whether Xerxes took lawful remedial action (e.g., the court noted that the employee reported a coworker’s racist remarks, was called a “boy” by the supervisor to whom he reported the remarks, and alleged – but did not report - continued racial harassment; given that the employee did not actually report further harassment, the court reasoned that Xerxes reasonably concluded the harassment had ended) and (b) alleged several instances of harassment conduct without apparent racial motivation or not severe or pervasive enough to be actionable under Title VII.

The EEOC appealed the district court’s ruling to the United States Court of Appeals for the Fourth Circuit. On April 26, 2011, the Fourth Circuit affirmed the district court’s dismissal of the claims relating to one employee but held that summary judgment was inappropriate for the claims brought on behalf of the other two employees—only with respect to alleged harassment that occurred before February 2006. EEOC v. Xerxes, 639 F.3d 658 (4th Cir. 2011). Specifically, the Fourth Circuit held that a reasonable jury could find that Xerxes had been placed on notice of racial harassment—including slurs and racially motivated pranks—as early as June 2005, but failed to take any remedial action until February 2006. The court remanded those claims to the district court for further proceedings.

But on remand, Xerxes filed a renewed motion for summary judgment. Xerxes noted that the only claims remaining were claims related to harassment occurring before February 2006. But, Xerxes argued, the incidents of harassment occurring before February 2006 were not nearly as severe as the incidents occurring after February 2006—so the court should consider the incidents before February 2006 as separate incidents from the acts after February 2006. And if the incidents before February 2006 were separate, then the EEOC was already time-barred from filing a lawsuit by the time it filed its lawsuit in July 2008. On October 28, 2011, the district court granted the motion and dismissed the case, agreeing with Xerxes that the EEOC was time-barred from bringing its lawsuit. The court found that the acts of racial harassment that occurred after February 2006 were “of a much different character” from the acts that occurred earlier, and therefore did not form part of the same hostile work environment. Because the EEOC had not filed suit within 300 days of the last incident alleged to have occurred before February 2006, the court concluded that those earlier acts were time-barred.

The district court therefore dismissed EEOC’s claims in their entirety. Soon thereafter, it awarded Xerxes $13,528.60 in costs. The case is now closed.

Summary Authors

Xin Chen (6/8/2011)

Gordon Pignato (5/9/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4835528/parties/eeoc-v-xerxes-corporation/

Judge(s)

Blake, Catherine C. (Maryland)

Attorney for Plaintiff

Andrew, Regina Maria (Maryland)

Attorney for Defendant

Anzelc, Meghan Marie (Maryland)

Castle, Robert Clare (Maryland)

Egan, William John (Maryland)

Judge(s)

Blake, Catherine C. (Maryland)

Attorney for Plaintiff

Andrew, Regina Maria (Maryland)

Kane, Deborah A. (Maryland)

Lawrence, Debra Michele (Maryland)

Phillips, Ronald L. (Maryland)

Attorney for Defendant

Anzelc, Meghan Marie (Maryland)

Castle, Robert Clare (Maryland)

Egan, William John (Maryland)

Jr, William Carlos (Maryland)

Scott, Aaron Mills (Maryland)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1:08-cv-01882	Docket	April 26, 2011	April 26, 2011 Docket
1 1:08-cv-01882	Complaint	July 18, 2008	July 18, 2008 Complaint
21 1:08-cv-01882	Protective Order	Feb. 7, 2009	Feb. 7, 2009 Order/Opinion
40-1 1:08-cv-01882	Defendant's Memorandum of Law in Support of Motion for Summary Judgment	July 17, 2009	July 17, 2009 Pleading / Motion / Brief
42 1:08-cv-01882	EEOC's Cross Motion for Partial Summary Judgment and Opposition to Defendant's Motion for Summary Judgment	Aug. 17, 2009	Aug. 17, 2009 Pleading / Motion / Brief
50 1:08-cv-01882	Memorandum	Nov. 30, 2009	Nov. 30, 2009 Order/Opinion 2009 WL 4348589
60 10-01156	Fourth Circuit Opinion U.S. Court of Appeals for the Fourth Circuit	April 26, 2011	April 26, 2011 Order/Opinion 639 F.3d 658
81 1:08-cv-01882	Memorandum	Oct. 28, 2011	Oct. 28, 2011 Order/Opinion 2011 WL 5157774

show / hide documents

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4835528/eeoc-v-xerxes-corporation/

Last updated March 29, 2026, 4:31 a.m.

ECF Number	Date	Description	Link
1	July 18, 2008	COMPLAINT against Xerxes Corporation, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(ljs, Deputy Clerk) (Entered: 07/21/2008)	Clearinghouse
	July 18, 2008	Jury Trial Demand by Equal Employment Opportunity Commission. (ljs, Deputy Clerk)
2	July 21, 2008	REQUEST FOR WAIVER of Service of Summons as to Xerxes Corporation by Equal Employment Opportunity Commission. (Attachments: # 1 Waiver of Service of Summons)(ljs, Deputy Clerk) (Entered: 07/21/2008)	RECAP
3	Aug. 25, 2008	WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Xerxes Corporation waiver sent on 7/21/2008, answer due 9/19/2008. (Andrew, Regina) (Entered: 08/25/2008)	RECAP
4	Sept. 18, 2008	STIPULATION re 1 Complaint Extend Time To Answer by Equal Employment Opportunity Commission. (Andrew, Regina) (Entered: 09/18/2008)	RECAP
5	Oct. 2, 2008	ANSWER to 1 Complaint by Xerxes Corporation.(Parler, William) (Entered: 10/02/2008)	RECAP
6	Oct. 3, 2008	SCHEDULING ORDER (Judge Davis) (Entered: 10/03/2008)	RECAP
7	Oct. 6, 2008	MOTION to Appear Pro Hac Vice for Robert C. Castle on behalf of Xerxes Corporation Filing fee $ 50, receipt number 14637028975. by Xerxes Corporation (eg, Deputy Clerk) (Entered: 10/06/2008)	RECAP
8	Oct. 7, 2008	PAPERLESS ORDER granting 7 Motion to Appear Pro Hac Vice for attorney Robert C Castle on behalf of Xerxes Corporation. Directing attorney Robert C Castle to register on-line for CM/ECF at http://www.mdd.uscourts.gov/attorney/registration.asp.. Signed by Clerk on 10/7/08. (cmns, Deputy Clerk) (Entered: 10/07/2008)	RECAP
9	Oct. 7, 2008	STIPULATION Joint Stipulation for Early ADR and Postponement of Discovery/Suspension of Scheduling Order Deadlines by Xerxes Corporation. (Parler, William) (Entered: 10/07/2008)	RECAP
10	Oct. 8, 2008	ORDER REFERRING CASE to Magistrate James K. Bredar for settlement. Signed by Judge Andre M Davis on 10/8/08. (jnl, Deputy Clerk) (Entered: 10/08/2008)	RECAP
11	Oct. 8, 2008	ORDER Setting date for Settlement Conference. Signed by Magistrate James K. Bredar on 10/8/08(cag, Deputy Clerk) (Entered: 10/09/2008)	RECAP
	Oct. 9, 2008	Deficiency Notice - to Xerxes Corporation - Your Local Rule 103.3 disclosure statement has not been filed. The Statement must be filed by 10/21/2008 (egs, Deputy Clerk)
13	Oct. 20, 2008	Local Rule 103.3 Disclosure Statement by Xerxes Corporation. (Parler, William) (Entered: 10/20/2008)	RECAP
	Oct. 28, 2008	Settlement Conference held on 10/28/2008 before Magistrate James K. Bredar. (das, Deputy Clerk)
	Oct. 28, 2008	Magistrate James K. Bredar no longer referred for settlement. (das, Deputy Clerk)
14	Nov. 17, 2008	STIPULATION to Amend the Scheduling Order by Xerxes Corporation. (Attachments: # 1 Text of Proposed Order)(Parler, William) (Entered: 11/17/2008)	RECAP
15	Nov. 17, 2008	PAPERLESS ORDER APPROVING 14 Stipulation filed by Xerxes Corporation (Judge Davis) (Entered: 11/17/2008)	RECAP
16	Dec. 4, 2008	MOTION to Appear Pro Hac Vice for William J. Egan on behalf of Xerxes Corporation Filing fee $ 50, receipt number 04160000000001935386. by Xerxes Corporation (Parler, William) (Entered: 12/04/2008)	RECAP
17	Dec. 4, 2008	MOTION to Appear Pro Hac Vice for Meghan M. Anzelc on behalf of Xerxes Corporation Filing fee $ 50, receipt number 04160000000001935392. by Xerxes Corporation (Parler, William) (Entered: 12/04/2008)	RECAP
18	Dec. 5, 2008	PAPERLESS ORDER granting 17 Motion to Appear Pro Hac Vice for attorney Meghan M Anzelc on behalf of Xerxes Corporation. Directing attorney Meghan M Anzelc to register on-line for CM/ECF at http://www.mdd.uscourts.gov/attorney/registration.asp.. Signed by Clerk on 12/5/08. (cmns, Deputy Clerk) (Entered: 12/05/2008)	RECAP
19	Dec. 5, 2008	PAPERLESS ORDER granting 16 Motion to Appear Pro Hac Vice for attorney William John Egan on behalf of Xerxes Corporation. Directing attorney William John Egan to register on-line for CM/ECF at http://www.mdd.uscourts.gov/attorney/registration.asp.. Signed by Clerk on 12/5/08. (cmns, Deputy Clerk) (Entered: 12/05/2008)	RECAP
20	Feb. 5, 2009	STIPULATION for Protective Order by Xerxes Corporation. (Attachments: # 1 Text of Proposed Order Proposed Protective Order)(Anzelc, Meghan) (Entered: 02/05/2009)	RECAP
21	Feb. 7, 2009	PROTECTIVE/CONFIDENTIALITY ORDER (Judge Davis) (Entered: 02/07/2009)	Clearinghouse
22	Feb. 9, 2009	(FILED IN ERROR) NOTICE to Take Deposition of Neville Haymans. (Parler, William) Modified on 2/10/2009 (das, Deputy Clerk). (Entered: 02/09/2009)	RECAP
23	Feb. 9, 2009	(FILED IN ERROR) NOTICE to Take Deposition of Bernard Pearson. (Parler, William) Modified on 2/10/2009 (das, Deputy Clerk). (Entered: 02/09/2009)	RECAP
24	Feb. 9, 2009	(FILED IN ERROR) NOTICE to Take Deposition of Keith Wilson. (Parler, William) Modified on 2/10/2009 (das, Deputy Clerk). (Entered: 02/09/2009)	RECAP
25	Feb. 9, 2009	(FILED IN ERROR) NOTICE by Xerxes Corporation re 23 Notice to Take Deposition, 22 Notice to Take Deposition, 24 Notice to Take Deposition Notice of Service (Parler, William) Modified on 2/10/2009 (das, Deputy Clerk). (Entered: 02/09/2009)	RECAP
26	March 18, 2009	Joint MOTION for Extension of Time to Complete Discovery by Equal Employment Opportunity Commission. Responses due by 4/6/2009 (Andrew, Regina) (Entered: 03/18/2009)	RECAP
27	March 18, 2009	ORDER granting 26 Motion for Extension of Time to Complete Discovery (Judge Davis) (Entered: 03/18/2009)	RECAP
28	May 17, 2009	PAPERLESS ORDER finding as moot 12 Motion for Disclosure (Judge Davis) (Entered: 05/17/2009)	RECAP
	May 20, 2009	Case reassigned to Judge Catherine C. Blake. Judge Andre M Davis no longer assigned to the case. (cag, Deputy Clerk)
29	May 26, 2009	MOTION to Compel Deposition Testimony of Ronald Bachmeier by Equal Employment Opportunity Commission Responses due by 6/12/2009 (Attachments: # 1 Memorandum In Support, # 2 Exhibit "A")(Andrew, Regina) (Entered: 05/26/2009)	RECAP
30	June 5, 2009	PAPERLESS Correspondence: Please submit status report due May 26, 2009 as directed by Judge Davis. (Blake, Catherine) (Entered: 06/05/2009)	RECAP
31	June 6, 2009	CERTIFICATE of Counsel re 29 MOTION to Compel Deposition Testimony of Ronald Bachmeier Local Rule 104.7 by Regina Maria Andrew on behalf of Equal Employment Opportunity Commission (Andrew, Regina) (Entered: 06/06/2009)	RECAP
32	June 9, 2009	Status Report Submitted Joint Status Report by Equal Employment Opportunity Commission, Xerxes Corporation (Parler, William) (Entered: 06/09/2009)	RECAP
33	June 9, 2009	ORDER REFERRING CASE to Magistrate James K. Bredar for Settlement. Signed by Judge Catherine C. Blake on 6/9/09 (cag, Deputy Clerk) (Entered: 06/09/2009)	RECAP
34	June 9, 2009	ORDER APPROVING 32 Status Report and Motions Schedule Submitted by Equal Employment Opportunity Commission, Xerxes Corporation ; REFERRING case for mediation with Judge Bredar in late September or early October, 2009. Signed by Judge Catherine C. Blake on 6/9/09. (das, Deputy Clerk) (Entered: 06/09/2009)	RECAP
35	June 10, 2009	NOTICE by Xerxes Corporation Appearance of Kathleen Wobber on behalf of Defendant Xerxes Corporation (Parler, William) (Entered: 06/10/2009)	RECAP
36	June 10, 2009	ORDER SCHEDULING settlement conference for 9/24/09. Signed by Magistrate James K. Bredar on 6/10/09. (das, Deputy Clerk) (Entered: 06/11/2009)	RECAP
37	June 12, 2009	RESPONSE to Motion re 29 MOTION to Compel Deposition Testimony of Ronald Bachmeier filed by Xerxes Corporation. Replies due by 6/26/2009. (Attachments: # 1 Affidavit Affidavit of Castle, # 2 Affidavit Peterson, # 3 Exhibit A, # 4 Exhibit B Part I, # 5 Exhibit B Part II, # 6 Exhibit B Part III, # 7 Exhibit C, # 8 Text of Proposed Order)(Parler, William) (Entered: 06/12/2009)	RECAP
38	June 23, 2009	REPLY to Response to Motion re 29 MOTION to Compel Deposition Testimony of Ronald Bachmeier filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Bachmeier's Handwritten Notes)(Andrew, Regina) (Entered: 06/23/2009)	RECAP
39	July 6, 2009	ORDER denying 29 Motion to Compel. Signed by Judge Catherine C. Blake on 7/6/09. (das, Deputy Clerk) (Entered: 07/07/2009)	RECAP
40	July 17, 2009	MOTION for Summary Judgment by Xerxes Corporation Responses due by 8/3/2009 (Attachments: # 1 Memorandum of Law, # 2 Request for Hearing, # 3 Text of Proposed Order, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Affidavit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Affidavit, # 15 Exhibit, # 16 Exhibit, # 17 Affidavit)(Parler, William) (Entered: 07/17/2009)	RECAP
41	Aug. 17, 2009	(FILED IN ERROR) MOTION to Appear Pro Hac Vice for Aaron Mills Scott on behalf of Xerxes Corporation Filing fee $ 50, receipt number 04160000000002218103. by Xerxes Corporation (Parler, William) Modified on 8/17/2009 (das, Deputy Clerk). Modified on 8/17/2009 (das, Deputy Clerk). (Attorney called to say they forgot to sign the motion) (Entered: 08/17/2009)	RECAP
42	Aug. 17, 2009	Cross MOTION for Partial Summary Judgment and Opposition to Defendant's Motion for Summary Judgment by Equal Employment Opportunity Commission Responses due by 9/3/2009 (Attachments: # 1 Exhibit 2, # 2 Exhibit 3, # 3 Exhibit 4, # 4 Exhibit 5, # 5 Exhibit 6, # 6 Exhibit 7, # 7 Exhibit 8, # 8 Exhibit 9, # 9 Exhibit 10, # 10 Exhibit 11, # 11 Exhibit 12, # 12 Exhibit 13, # 13 Exhibit 14, # 14 Exhibit 15, # 15 Exhibit 16, # 16 Exhibit 17, # 17 Exhibit 18, # 18 Exhibit 19, # 19 Exhibit 20, # 20 Exhibit 21, # 21 Exhibit 13A)(Andrew, Regina) Modified on 8/20/2009 (eg, Deputy Clerk). (recv'd 8/20/09 EXHIBIT 1 FILED SEPARATELY) (Entered: 08/17/2009)	Clearinghouse
43	Aug. 17, 2009	MOTION to Appear Pro Hac Vice for Aaron Mills Scott on behalf of Xerxes Corporation; Filing fee $ 50, receipt number 04160000000002218103. (das, Deputy Clerk) (Entered: 08/17/2009)	RECAP
44	Aug. 17, 2009	NOTICE by Equal Employment Opportunity Commission re 42 Cross MOTION for Partial Summary Judgment and Opposition to Defendant's Motion for Summary Judgment Of Filing of Lengthy Exhibit (Andrew, Regina) (LENGTHY EXHIBIT REC'D 8/18/09) Modified on 8/19/2009 (hmls, Deputy Clerk). (Entered: 08/17/2009)	RECAP
45	Aug. 18, 2009	PAPERLESS ORDER granting 43 Motion to Appear Pro Hac Vice for attorney Aaron Mills Scott on behalf of Xerxes Corporation. Directing attorney Aaron Mills Scott to register on-line for CM/ECF at http://www.mdd.uscourts.gov/attorney/registration.asp.. Signed by Clerk on 8/18/09. (cmns, Deputy Clerk) (Entered: 08/18/2009)	RECAP
46	Sept. 16, 2009	RESPONSE re 44 Notice (Other), Notice (Other), 42 Cross MOTION for Partial Summary Judgment and Opposition to Defendant's Motion for Summary Judgment filed by Xerxes Corporation. (Attachments: # 1 Exhibit 1-7, # 2 Affidavit Wayne Green, # 3 Text of Proposed Order)(Parler, William) (Entered: 09/16/2009)	RECAP
	Sept. 21, 2009	Telephone Settlement Conference held on 9/21/2009 before Magistrate James K. Bredar. (das, Deputy Clerk)
	Sept. 24, 2009	Settlement Conference held on 9/24/2009 before Magistrate James K. Bredar. (das, Deputy Clerk)
	Sept. 24, 2009	Magistrate James K. Bredar no longer referred to case. (das, Deputy Clerk)
47	Sept. 29, 2009	PAPERLESS Correspondence to counsel: The Court has scheduled a conference call to discuss further scheduling needs for OCTOBER 7, 2009 at 5:00 P.M. Plaintiff's counsel is asked to initiate the call. (Blake, Catherine) (Entered: 09/29/2009)	RECAP
	Oct. 7, 2009	Telephone Conference held on 10/7/2009 held before Judge Catherine C. Blake. (kam, Deputy Clerk)
48	Oct. 8, 2009	Miscellaneous Correspondence to counsel scheduling a motions hearing. (Blake, Catherine) (Entered: 10/08/2009)	RECAP
49	Nov. 5, 2009	Motion Hearing held on 11/5/2009 re 40 MOTION for Summary Judgment filed by Xerxes Corporation, 42 Cross MOTION for Partial Summary Judgment and Opposition to Defendant's Motion for Summary Judgment filed by Equal Employment Opportunity Commission held before Judge Catherine C. Blake. (Court Reporter: Gail Simpkins) (kam, Deputy Clerk) (Entered: 11/05/2009)	RECAP
50	Nov. 30, 2009	MEMORANDUM. Signed by Judge Catherine C. Blake on 11/30/09. (das, Deputy Clerk) (Entered: 11/30/2009)	Clearinghouse
51	Nov. 30, 2009	ORDER granting 40 Motion of Defendant for Summary Judgment; denying 42 Motion of Plaintiff for Partial Summary Judgment; ENTERING Judgment in favor of Defendant; CLOSING case. Signed by Judge Catherine C. Blake on 11/30/09. (das, Deputy Clerk) (Entered: 11/30/2009)	RECAP
52	Dec. 14, 2009	BILL OF COSTS by Xerxes Corporation. (Attachments: # 1 Memorandum, # 2 Affidavit, # 3 Exhibit)(Parler, William) (Entered: 12/14/2009)	RECAP
53	Dec. 31, 2009	STIPULATION re 52 Bill of Costs to extend time to file a response by Equal Employment Opportunity Commission. (Andrew, Regina) (Entered: 12/31/2009)	RECAP
54	Jan. 4, 2010	PAPERLESS ORDER APPROVING 53 Stipulation to Extend Time until January 11, 2010 to respond to the Bill of Costs. Signed by Judge Catherine C. Blake on January 4, 2010. (Blake, Catherine) (Entered: 01/04/2010)	RECAP
55	Jan. 11, 2010	BILL OF COSTS Objection to Defendant's by Equal Employment Opportunity Commission. (Andrew, Regina) (Entered: 01/11/2010)	RECAP
56	Jan. 28, 2010	NOTICE OF APPEAL as to 51 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment by Equal Employment Opportunity Commission. Appeal Record due by 3/2/2010. (Andrew, Regina) (Entered: 01/28/2010)	RECAP
57	Feb. 4, 2010	NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 11-5-2009, before Judge Blake. Court Reporter/Transcriber Gail Simpkins, Telephone number 410-962-4536. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained from the Court Reporter or through PACER... Redaction Request due 2/25/2010. Redacted Transcript Deadline set for 3/8/2010. Release of Transcript Restriction set for 5/5/2010. (gak, Court Reporter) (Entered: 02/04/2010)	RECAP
58	Feb. 5, 2010	Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 56 Notice of Appeal. IMPORTANT NOTICE: To access forms which you are required to file with the United States Court of Appeals for the Fourth Circuit please go to http://www.ca4.uscourts.gov and click on Forms & Notices. (nrm, Deputy Clerk) (Entered: 02/05/2010)	RECAP
59	Feb. 10, 2010	USCA Case Number 10-1156 for 56 Notice of Appeal filed by Equal Employment Opportunity Commission. Case Manager - RJ Warren (nrm, Deputy Clerk) (Entered: 02/16/2010)	RECAP
60	April 26, 2011	JUDGMENT of USCA (certified copy): In accordance with the decision of this court, the judgment of the district court is "Affirmed" in part and "Vacated" in part. This case is "Remanded" to the district court for further proceedings consistent with the court's decision as to 56 Notice of Appeal filed by Equal Employment Opportunity Commission (Attachments: # 1 NOTICE OF JUDGMENT, # 2 PUBLISHED AUTHORED OPINION) (nrm, Deputy Clerk). (Entered: 04/26/2011)	RECAP
61	June 6, 2011	Miscellaneous Correspondence to counsel. (Blake, Catherine) (Entered: 06/06/2011)	RECAP
62	June 20, 2011	MANDATE of USCA as to 56 Notice of Appeal filed by Equal Employment Opportunity Commission. (nrm, Deputy Clerk) (Entered: 06/20/2011)	RECAP
	June 21, 2011	Telephone Conference re: Scheduling held on 6/21/2011 before Judge Catherine C. Blake. (kams, Deputy Clerk)
63	June 30, 2011	Miscellaneous Correspondence to counsel confirming June 21, 2011 discussions. (Blake, Catherine) (Entered: 06/30/2011)	RECAP
64	July 6, 2011	LETTER ORDER Re: Schedule. Signed by Judge Catherine C. Blake on 7/6/11. (bmh, Deputy Clerk) (Entered: 07/06/2011)	RECAP
65	July 22, 2011	MOTION for Summary Judgment by Xerxes Corporation. Responses due by 8/8/2011 (Attachments: # 1 Supplement Request for Hearing, # 2 Text of Proposed Order Order, # 3 Supplement Memorandum, # 4 Exhibit Memorandum Exhibits)(Parler, William) (Entered: 07/22/2011)	RECAP
66	July 27, 2011	STIPULATION re Extension of Time by Equal Employment Opportunity Commission. (Andrew, Regina) (Entered: 07/27/2011)	RECAP
67	July 28, 2011	PAPERLESS ORDER APPROVING 66 Stipulation through August 19, 2011 to respond to the defendant's Motion for Summary Judgment. Signed by Judge Catherine C. Blake on July 28, 2011. (Blake, Catherine) (Entered: 07/28/2011)	RECAP
68	Aug. 19, 2011	Clerk's Order Taxing Costs, denying Defendant's bill of costs without prejudice to resubmission following entry of judgment. Motion to Review due by 8/29/2011. (jbp, Deputy Clerk) (Entered: 08/19/2011)	RECAP
69	Aug. 19, 2011	MOTION for Extension of Time to File Response/Reply as to 65 MOTION for Summary Judgment by Equal Employment Opportunity Commission. Responses due by 9/6/2011 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Supplement)(Andrew, Regina) (Entered: 08/19/2011)	RECAP
70	Aug. 23, 2011	Supplemental to 69 MOTION for Extension of Time to File Response/Reply as to 65 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission Correction. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Andrew, Regina) (Entered: 08/23/2011)	RECAP
71	Aug. 24, 2011	(FILED IN ERROR) RESPONSE in Opposition re 69 MOTION for Extension of Time to File Response/Reply as to 65 MOTION for Summary Judgment filed by Xerxes Corporation. Replies due by 9/12/2011. (Attachments: # 1 Exhibit A)(Parler, William) Modified on 8/29/2011 (bmh, Deputy Clerk). (Entered: 08/24/2011)	RECAP
72	Aug. 24, 2011	RESPONSE in Opposition re 69 MOTION for Extension of Time to File Response/Reply as to 65 MOTION for Summary Judgment filed by Xerxes Corporation. Replies due by 9/12/2011. (Attachments: # 1 Exhibit A)(Parler, William) (Entered: 08/24/2011)	RECAP
73	Aug. 30, 2011	PAPERLESS ORDER Granting 69 Motion for Extension of Time to File Response re 65 Motion for Summary Judgment. Responses due by 9/9/2011. Signed by Judge Catherine C. Blake on August 30, 2011. (Blake, Catherine) (Entered: 08/30/2011)	RECAP
74	Aug. 31, 2011	RESPONSE in Opposition re 65 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. Replies due by 9/19/2011. (Attachments: # 1 Exhibit 1)(Andrew, Regina) (Entered: 08/31/2011)	RECAP
75	Sept. 14, 2011	REPLY to Response to Motion re 65 MOTION for Summary Judgment filed by Xerxes Corporation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Parler, William) (Entered: 09/14/2011)	RECAP
76	Sept. 20, 2011	PAPERLESS Correspondence: This will confirm that a motions hearing has been set for September 28, 2011 at 11:00 a.m. in Courtroom 7D. (Blake, Catherine) (Entered: 09/20/2011)	RECAP
77	Sept. 28, 2011	Proposed Pretrial Order submitted by Equal Employment Opportunity Commission. (Andrew, Regina) (Entered: 09/28/2011)	RECAP
78	Sept. 30, 2011	PAPERLESS Correspondence to counsel: This will confirm our discussions of September 30, 2011. The Pretrial Conference is Postponed until October 13, 2011 at 4:00 p.m. Eastern Time. A follow-up conference call, to be initiated by counsel, has been set for October 7, 2011 at 1:00 p.m. Eastern Time. (Blake, Catherine) (Entered: 09/30/2011)	RECAP
	Sept. 30, 2011	Telephone Conference held on 9/30/2011 before Judge Catherine C. Blake. (kam, Deputy Clerk)
	Oct. 7, 2011	Telephone Conference held on 10/7/2011 before Judge Catherine C. Blake. (kam, Deputy Clerk)
79	Oct. 12, 2011	NOTICE of Appearance by Ronald Lynn Phillips on behalf of Equal Employment Opportunity Commission (bmh, Deputy Clerk) (Entered: 10/13/2011)	RECAP
80	Oct. 12, 2011	NOTICE of Appearance by Deborah A Kane on behalf of Equal Employment Opportunity Commission (bmh, Deputy Clerk) (Entered: 10/13/2011)	RECAP
	Oct. 13, 2011	Final Pretrial Conference held on 10/13/2011 before Judge Catherine C. Blake. (kam, Deputy Clerk)
81	Oct. 28, 2011	MEMORANDUM. Signed by Judge Catherine C. Blake on 10/28/11. (bmh, Deputy Clerk) (Entered: 10/31/2011)	Clearinghouse
82	Oct. 28, 2011	ORDER granting 65 Defendant's Motion for Summary Judgment; and closing the case. Signed by Judge Catherine C. Blake on 10/28/11. (bmh, Deputy Clerk) (Entered: 10/31/2011)	RECAP
83	Nov. 14, 2011	BILL OF COSTS by Xerxes Corporation( Replies due by 12/1/2011.). (Attachments: # 1 Supplement, # 2 Affidavit, # 3 Exhibit)(Parler, William) Modified on 11/15/2011 (cag, Deputy Clerk). (Entered: 11/14/2011)	RECAP
84	Dec. 1, 2011	RESPONSE in Opposition re 83 Bond, Bill of Costs filed by Equal Employment Opportunity Commission. Replies due by 12/19/2011. (Attachments: # 1 Exhibit 1)(Andrew, Regina) (Entered: 12/01/2011)	RECAP
85	Dec. 15, 2011	REPLY to Response in Opposition to Bill of Costs re 84 Response in Opposition to Bill of Costs, 83 Bond, Bill of Costs filed by Xerxes Corporation. (Attachments: # 1 Affidavit Affidavit of Aaron Scott, # 2 Exhibit Affidavit Exhibits)(Parler, William) (Entered: 12/15/2011)	RECAP
86	July 10, 2012	Clerk's Order Taxing Costs. Costs are taxed in favor of Defendant and against Plaintiff in the amount of $13,528.60 and included in the judgment. Motion to Review due by 7/17/2012. (bmhs, Deputy Clerk) (Entered: 07/10/2012)	RECAP

show / hide docket entries

Case Details

State / Territory:

Maryland

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 18, 2008

Closing Date: Oct. 28, 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff, the EEOC, brought this action on behalf of three Black employees of Xerxes Corporation.

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Private Entity/Person

Xerxes Corporation

Case Details

Causes of Action:

42 U.S.C. § 1981

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

Other Dockets:

District of Maryland 1:08-cv-01882

U.S. Court of Appeals for the Fourth Circuit 10-01156

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

General/Misc.:

Pattern or Practice

Discrimination Area:

Harassment / Hostile Work Environment

Discrimination Basis:

Race discrimination

Affected Race(s):

Black

EEOC-centric:

Direct Suit on Merits

Recommended Citation

Case Summary of EEOC v. Xerxes Corporation, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/11790/ (last updated 5/9/2025).