Case: EEOC v. WELBORNE AUTOMOTIVE, INC. (FKA NISSAN OF HICKORY)

5:04-cv-00207 | U.S. District Court for the Western District of North Carolina

Filed Date: Dec. 30, 2004

Closed Date: 2012

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Case Summary

On December 30, 2004, the Charlotte and Norfolk offices of the Equal Employment Opportunity Commission filed a lawsuit under Title VII against Welborne Automotive, Inc. in the U.S. District Court for the Western District of North Carolina. The EEOC alleged that the defendants, a car dealership, had violated the rights of the complainant by firing her because she was female.On August 1, 2005, the complainant intervened as a plaintiff in the lawsuit. The case went to mediation in May of 2006, but parties could not reach a settlement. On September 15, 2006, the defendants asked to court for summary judgment, but the district court denied the motion on November 26, 2007. On December 10, 2007, the defendants filed a motion to dismiss, but the parties reached a settlement before the court ruled on that motion. Under the terms of the settlement, the complainant agreed to release all of her claims against the defendants in exchange for $70,000 in damages, which included $24,333 in attorneys fees and costs. On December 28, 2007, the district court approved the settlement and dismissed the case. The settlement term was 5 years. The docket sheet does not show any further enforcement; the case was presumably closed in 2012.

Summary Authors

Kristen Sagar (4/11/2008)

Clearinghouse (6/10/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4304862/parties/eeoc-v-welborne-auto-inc/

Judge(s)

Attorney for Plaintiff

Barnes, Lynette A. (North Carolina)

Cohen, Kerith (North Carolina)

Dixon, Jessica Lynn (North Carolina)

Attorney for Defendant

Broom, Lyn K. (North Carolina)

Freeman, Maranda Janay (North Carolina)

Judge(s)

Voorhees, Richard Lesley (North Carolina)

Attorney for Plaintiff

Barnes, Lynette A. (North Carolina)

Cohen, Kerith (North Carolina)

Dixon, Jessica Lynn (North Carolina)

Rowan, Vicki Brown (North Carolina)

Attorney for Defendant

Broom, Lyn K. (North Carolina)

Freeman, Maranda Janay (North Carolina)

Wagner, Katherine C. (North Carolina)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

5:04-cv-00207	Docket [PACER] EEOC v. Welborne Automotive, Inc.	Dec. 28, 2007	Dec. 28, 2007 Docket
1 5:04-cv-00207	Complaint EEOC v. Welborne Automotive, Inc.	Dec. 29, 2004	Dec. 29, 2004 Complaint
10 5:04-cv-00207	Complaint in Intervention EEOC v. Welborne Automotive, Inc.	Sept. 8, 2005	Sept. 8, 2005 Complaint
41 5:04-cv-00207	[Procedural] Order EEOC v. Welborne Automotive, Inc.	March 29, 2007	March 29, 2007 Order/Opinion 2007 WL 1041671
45 5:04-cv-00207	Memorandum and Order EEOC v. Welborne Automotive, Inc.	Nov. 26, 2007	Nov. 26, 2007 Order/Opinion
53 5:04-cv-00207	Consent Decree EEOC v. Welborne Automotive, Inc.	Dec. 28, 2007	Dec. 28, 2007 Settlement Agreement

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
Under the Radar: Visibility and the Effects of Discrimination Lawsuits in Small and Large Firms Carly Knight, Frank Dobbin, Alexandra Kalev	Research on how discrimination lawsuits affect corporate diversity has yielded mixed results. Qualitative studies highlight the limited efficacy of lawsuits in the typical workplace, finding that lit…	March 2022	April 1, 2022 https://cris.tau.ac.il/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4304862/eeoc-v-welborne-auto-inc/

Last updated March 21, 2026, 4:42 a.m.

ECF Number	Date	Description	Link
1	Dec. 30, 2004	COMPLAINT Filing Fee - Waived (cbb) (Entered: 01/03/2005)	RECAP
2	Jan. 20, 2005	CONSENT/REFUSAL to Magistrate Jurisdiction by EEOC - Refusal (cbb) (Entered: 01/20/2005)	RECAP
3	Jan. 20, 2005	CASE reassigned to Judge Richard L. Voorhees - notice of reassignment mailed to parties. (cbb) (Entered: 01/20/2005)	RECAP
4	March 25, 2005	Substitution of Counsel terminating attorney Jessica Dixon for EEOC and substituting Kerith Cohen (cbb) (Entered: 03/29/2005)	RECAP
5	May 23, 2005	ANSWER to Complaint with Jury Demand by Welborne Automotive, Inc..(Bouchard, Carolyn) (Entered: 05/24/2005)	RECAP
6	May 23, 2005	CORPORATE Disclosure Statement by Welborne Automotive, Inc..(Bouchard, Carolyn) (Entered: 05/24/2005)	RECAP
7	May 23, 2005	Refusal of Magistrate Judge Jurisdiction by Welborne Automotive, Inc.. (Bouchard, Carolyn) (Entered: 05/24/2005)	RECAP
8	Aug. 1, 2005	MOTION to Intervene by Paula Thompson. Responses due by 8/15/2005 (Attachments: # 1 Text of Proposed Order)(Bouchard, Carolyn) (Entered: 08/04/2005) 1 Text of Proposed Order View on PACER	RECAP
9	Sept. 8, 2005	ORDER granting 8 Motion to Intervene; ordered that Paula Thompson be permitted to intervene as a plf, that the cmp in intervention be filed, and that dfts ans cmp in intervention w/i 20 days from filing of this order. Signed by Judge David Keesler on 9/8/2005. (Bouchard, Carolyn)	RECAP
10	Sept. 8, 2005	Intervenor COMPLAINT, filed by Paula Thompson against Intervenor dft Welborne Automotive, Inc.(Bouchard, Carolyn) (Entered: 09/08/2005)	RECAP
11	Sept. 28, 2005	ANSWER to Intervenor Complaint by Welborne Automotive, Inc..(Bouchard, Carolyn) (Entered: 09/28/2005)	RECAP
12	Sept. 28, 2005	ANSWER to Intervenor Complaint by Welborne Automotive, Inc..(Bouchard, Carolyn) (Entered: 10/04/2005)	RECAP
13	Sept. 30, 2005	CERTIFICATION of initial attorney conference and discovery plan by Paula Thompson, Equal Employment Opportunity Commission, Welborne Automotive, Inc..(Bouchard, Carolyn) (Entered: 10/04/2005)	RECAP
14	Oct. 12, 2005	ORDER Initial Pretrial Conference set for 11/30/2005 11:00 AM in In Chambers before David Keesler.. Signed by Judge David Keesler on 10/12/2005. (Bouchard, Carolyn) Modified on 10/14/2005 (Bouchard, Carolyn).	RECAP
15	Oct. 25, 2005	MOTION for Extension of Time to 11/28/05 to File Response/Reply to EEOC's 1st Interrogs, 1st Req/Prod/Dcmts, 1st Req/Admissions by Welborne Automotive, Inc.. Responses due by 11/8/2005 (Attachments: # 1 Text of Proposed Order)(Bouchard, Carolyn) (Entered: 10/26/2005) 1 Text of Proposed Order View on PACER	RECAP
16	Oct. 31, 2005	ORDER granting 15 Motion for Extension of Time to File Response/Reply to 1st Interrogs, 1st Req/Prod/Dcmts, 1st Req/Admissions; time ext to 11/28/05 . Signed by Judge David Keesler on 10/31/2005. (Bouchard, Carolyn) (Entered: 11/01/2005)	RECAP
17	Nov. 8, 2005	NOTICE of Atty Appearance by Lyn K. Broom on behalf of Welborne Automotive, Inc. (Bouchard, Carolyn) (Entered: 11/08/2005)	RECAP
18	Nov. 23, 2005	MOTION to Withdraw as Attorney as to Maranda J. Freeman by Welborne Automotive, Inc.. Responses due by 12/7/2005 (Attachments: # 1 Defendant's Consent to Withdraw# 2 Certificate of Service# 3 Text of Proposed Order)(Evans, Tammy) (Entered: 11/23/2005) 1 Defendant's Consent to Withdraw View on PACER 2 Certificate of Service View on PACER 3 Text of Proposed Order View on PACER	RECAP
20	Nov. 29, 2005	ORDER granting 18 Motion to Withdraw as Attorney. Added attorney Lyn K. Broom for Welborne Automotive, Inc., Katherine C. Hall for Welborne Automotive, Inc.. Attorney Maranda J. Freeman terminated . Signed by Judge David Keesler on 11/29/2005. (Bouchard, Carolyn) (Entered: 12/01/2005)	RECAP
19	Nov. 30, 2005	PRETRIAL ORDER AND CASE MANAGEMENT PLAN: Estimated Trial Time: 4 days Discovery due by 5/22/2006. Motions due by 6/22/2006. Responses to Motion due by 7/22/06 Mediation deadline set for 5/22/2006. Jury trial date to be set when matter is ripe & ready to be tried. Signed by Judge David Keesler on 11/30/2005. (Bouchard, Carolyn) (Entered: 11/30/2005)	RECAP
21	April 12, 2006	NOTICE by Vicki B. Rowan, cnsl for Paula Thompson, of planned vacation out of country for 9/9/06 through 9/18/06 (Bouchard, Carolyn) (Entered: 04/26/2006)	RECAP
22	May 20, 2006	Joint MOTION for Extension of Scheduling Deadlines by Welborne Automotive, Inc.. (Attachments: # 1 Proposed Order)(Broom, Lyn) (Entered: 05/20/2006) 1 Proposed Order View on PACER	RECAP
23	May 22, 2006	ORDER granting 22 Motion for Extension of Scheduling Deadlines; disc ddl ext to 7/31/06; mediation ddl ext to 7/31/06; motion filing ddl ext to 9/15/06; resp to dispositive motion ddl is 10/20/06 . Signed by Judge David Keesler on 5/22/2006. (Bouchard, Carolyn) (Entered: 05/22/2006)	RECAP
24	July 17, 2006	REPORT of Mediation by Mediator M. Ann Anderson; mediation session held 7/7/06; parties have reached impasse(Bouchard, Carolyn) Modified on 7/17/2006 (Bouchard, Carolyn). (Entered: 07/17/2006)	RECAP
25	Aug. 1, 2006	MOTION to Compel by Welborne Automotive, Inc..Responses due by 8/18/2006 (Attachments: # 1 # 2 # 3)(Broom, Lyn). Motions referred to David Keesler. (Entered: 08/01/2006)	RECAP
26	Aug. 1, 2006	MEMORANDUM in Support re 25 MOTION to Compel filed by Welborne Automotive, Inc.. (Broom, Lyn) (Entered: 08/01/2006)	RECAP
27	Aug. 14, 2006	MOTION to Strike 25 MOTION to Compel by Paula Thompson.Responses due by 8/31/2006 (Rowan, Vicki) (Entered: 08/14/2006)	RECAP
28	Aug. 18, 2006	MEMORANDUM in Opposition re 25 MOTION to Compel filed by Paula Thompson, Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10# 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 11)(Cohen, Kerith) (Entered: 08/18/2006) 1 Exhibit 1 View on PACER 2 Exhibit 2 View on PACER 3 Exhibit 3 View on PACER 4 Exhibit 4 View on PACER 5 Exhibit 5 View on PACER 6 Exhibit 6 View on PACER 7 Exhibit 7 View on PACER 8 Exhibit 8 View on PACER 9 Exhibit 9 View on PACER 10 Exhibit 10 View on PACER 11 Exhibit 12 View on PACER 12 Exhibit 13 View on PACER 13 Exhibit 14 View on PACER 14 Exhibit 15 View on PACER 15 Exhibit 16 View on PACER 16 Exhibit 17 View on PACER 17 Exhibit 18 View on PACER 18 Exhibit 19 View on PACER 19 Exhibit 20 View on PACER 20 Exhibit 11 View on PACER	RECAP
29	Aug. 18, 2006	AFFIDAVIT in Opposition re 25 MOTION to Compel (Amended Declaration of Rowan) filed by Paula Thompson. (Rowan, Vicki) (Entered: 08/18/2006)	RECAP
30	Aug. 29, 2006	RESPONSE in Opposition re 27 MOTION to Strike 25 MOTION to Compel filed by Welborne Automotive, Inc.. (Broom, Lyn) (Entered: 08/29/2006)	RECAP
31	Aug. 31, 2006	REPLY to Response to Motion re 25 MOTION to Compel filed by Welborne Automotive, Inc.. (Attachments: # 1 Affidavit of Lyn K. Broom# 2 Exhibit 1 to Affidvait of Lyn K. Broom)(Broom, Lyn) (Entered: 08/31/2006) 1 Affidavit of Lyn K. Broom View on PACER 2 Exhibit 1 to Affidvait of Lyn K. Broom View on PACER	RECAP
32	Sept. 15, 2006	MOTION for Summary Judgment by Welborne Automotive, Inc..Responses due by 10/20/2006 (Broom, Lyn) Modified on 9/19/2006 (Bouchard, Carolyn) to change response due date. (Entered: 09/15/2006)	RECAP
33	Sept. 15, 2006	MEMORANDUM in Support re 32 MOTION for Summary Judgment filed by Welborne Automotive, Inc.. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7 # 8 # 9 # 10 # 11 # 12 # 13 # 14 # 15)(Broom, Lyn) (Entered: 09/15/2006)	RECAP
34	Oct. 20, 2006	MEMORANDUM in Opposition re 32 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 Table of Exhibits# 2 Exhibit Exhibit 1# 3 Exhibit Exhibit 2# 4 Exhibit Exhibit 3-5# 5 Exhibit Exhibits 6-10# 6 Exhibit Exhibits 11-14# 7 Exhibit Exhibits 15-16)(Cohen, Kerith) (Entered: 10/20/2006) 1 Table of Exhibits View on PACER 2 Exhibit Exhibit 1 View on PACER 3 Exhibit Exhibit 2 View on PACER 4 Exhibit Exhibit 3-5 View on PACER 5 Exhibit Exhibits 6-10 View on PACER 6 Exhibit Exhibits 11-14 View on PACER 7 Exhibit Exhibits 15-16 View on PACER	RECAP
35	Oct. 26, 2006	First MOTION for Extension of Time to File Response/Reply to Plaintiff-EEOC's Memorandum of Law in Opposition to Defendant's Motion to Compel by Welborne Automotive, Inc..Responses due by 11/13/2006 (Attachments: # 1 Proposed Order)(Broom, Lyn). Motions referred to David Keesler. (Entered: 10/26/2006) 1 Proposed Order View on PACER	RECAP
36	Oct. 26, 2006	ORDER granting 35 Motion for Extension of Time to File Response/Reply re 32 MOTION for Summary Judgment Replies due by 11/9/2006.. Signed by Judge David Keesler on 10/26/2006. (cbb) (Entered: 10/26/2006)	RECAP
37	Nov. 9, 2006	REPLY to Response to Motion re 32 MOTION for Summary Judgment filed by Welborne Automotive, Inc.. (Broom, Lyn) (Entered: 11/09/2006)	RECAP
38	Nov. 22, 2006	MOTION for Leave to File Surreply by Equal Employment Opportunity Commission.Responses due by 12/11/2006 (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Proposed Order)(Cohen, Kerith). Motions referred to David Keesler. (Entered: 11/22/2006) 1 Exhibit 1 View on PACER 2 Exhibit 2 View on PACER 3 Proposed Order View on PACER	RECAP
39	Dec. 6, 2006	ORDER granting 38 Motion for Leave to File Surreply. Signed by Judge David Keesler on 12/5/2006. (cbb) (Entered: 12/06/2006)	RECAP
40	Dec. 12, 2006	Surreply by Equal Employment Opportunity Commission as to 38 MOTION for Leave to File Surreply, 32 MOTION for Summary Judgment. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Cohen, Kerith) (Entered: 12/12/2006) 1 Exhibit 1 View on PACER 2 Exhibit 2 View on PACER	RECAP
41	March 29, 2007	ORDER granting in part and denying in part dft's 25 Motion to Compel and for Sanctions; dft's Mot/Compel supplementation to discovery requests granted to extent described in Order; dft's request to reopen Thompson's depo is deni ed w/o prejudice to refile and dft's Mot/Sanctions is denied; granting in part and denying in part plf-intv's 27 Motion to Strike; as to mot/strike mot/compel, it is denied and as to mot/strike sanctions, it is granted; parties to submit proposed protective order, if necessary, by 4/20/2007. Signed by Judge David Keesler on 3/29/2007. (cbb)	RECAP
42	April 17, 2007	MOTION for Protective Order by Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order Protective Order)(Cohen, Kerith). Motions referred to David Keesler. (Entered: 04/17/2007) 1 Proposed Order Protective Order View on PACER	RECAP
43	April 27, 2007	RESPONSE to Motion re 42 MOTION for Protective Order filed by Welborne Automotive, Inc.. (Broom, Lyn) (Entered: 04/27/2007)	RECAP
44	April 30, 2007	PROTECTIVE ORDER. Signed by Judge David Keesler on 4/30/2007. (cbb)	RECAP
45	Nov. 26, 2007	ORDER denying 32 Motion for Summary Judgment; this matter will be placed on the January, 2008, trial term in the Statesville Division with calendar call on 1/7/08 and jury selection to commence on 1/8/08. Signed by Judge Richard Voorhees on 11/26/2007. (cbb)	RECAP
46	Dec. 5, 2007	ORDER directing parties to participate in a judicial stlmt conference;Settlement Conference set for 1/4/2008 09:30 AM in Courtroom #3 (2nd floor), 401 W. Trade St., Charlotte, NC 28202 before Magistrate Judge David Keesler. Each pty to submit confide ntial stmt to Judge Keesler by 12/28/2007; parties to appear at 1/7/2008 calendar call unless stlmt terms reduced to writing and Stip/dism filed by close of business on 1/4/2008; if not settled, jury selection to commence 1/8/2008; evidence to begin no sooner than 1/14/2008. Parties to comply w/ all pretrial filing ddls. Signed by Judge Richard Voorhees on 12/5/2007. (cbb)	RECAP
47	Dec. 10, 2007	MOTION to Dismiss by Welborne Automotive, Inc.. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B# 3 Errata Exhibit C# 4 Errata Exhibit D# 5 Exhibit Exhibit E)(Broom, Lyn) (Entered: 12/10/2007) 1 Exhibit Exhibit A View on PACER 2 Exhibit Exhibit B View on PACER 3 Errata Exhibit C View on PACER 4 Errata Exhibit D View on PACER 5 Exhibit Exhibit E View on PACER	RECAP
48	Dec. 10, 2007	MEMORANDUM in Support re 47 MOTION to Dismiss filed by Welborne Automotive, Inc.. (Broom, Lyn) (Entered: 12/10/2007)	RECAP
49	Dec. 10, 2007	MOTION to Expedite by Welborne Automotive, Inc.. (Attachments: # 1 Proposed Order)(Broom, Lyn) (Entered: 12/10/2007) 1 Proposed Order View on PACER	RECAP
50	Dec. 11, 2007	ORDER granting 49 Motion to Expedite Briefing and Consideration of dft's Motion to Dismiss; plf and plf-intervenor shall filed response to dft's Rule 37 motion by 12/19/2007; dft will file reply to response by 12/21/2007. Signed by Judge Richard Voorhees on 12/11/2007. (cbb) (Entered: 12/11/2007)	RECAP
51	Dec. 19, 2007	Miscellaneous Filing by Equal Employment Opportunity Commission. re: 47 Motion to Dismiss, 48 Memorandum in Support of Motion Notice of Resolution (Cohen, Kerith) (Entered: 12/19/2007)	RECAP
52	Dec. 21, 2007	MOTION enforce settlement, remove from trial calendar re 51 Miscellaneous Filing by Paula Thompson.Responses due by 1/7/2008. (Attachments: # 1 Exhibit A-1 (3 pgs), # 2 Exhibit A-2 (4 pgs), # 3 Exhibit A-3 (4 pgs), # 4 Exhibit B)(Rowan, Vicki) (Entered: 12/21/2007) 1 Exhibit A-1 (3 pgs) View on PACER 2 Exhibit A-2 (4 pgs) View on PACER 3 Exhibit A-3 (4 pgs) View on PACER 4 Exhibit B View on PACER	RECAP
53	Dec. 28, 2007	CONSENT DECREE with attachments A and B. Signed by District Judge Richard Voorhees on 12/28/07. (chh)	RECAP

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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: Dec. 30, 2004

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Private Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Private Entity/Person

Welborne Automotive, Inc.

Case Details

Causes of Action:

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

Other Dockets:

Western District of North Carolina 5:04-cv-00207

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Monitoring

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Retaliation Prohibition

Amount Defendant Pays: 70000

Order Duration: 2007 - 2012

Issues

Discrimination Area:

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Discrimination Basis:

Sex discrimination

Affected Sex/Gender(s):

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit

Recommended Citation

Case Summary of EEOC v. WELBORNE AUTOMOTIVE, INC. (FKA NISSAN OF HICKORY), Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/5572/ (last updated 6/10/2017).