Case: EEOC v. Mitchell Temporary And Dakota Pork Industries

4:03-cv-04222 | U.S. District Court for the District of South Dakota

Filed Date: Sept. 29, 2003

Closed Date: 2007

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Case Summary

The EEOC's Denver district office sued Dakota Pork Industries, Inc., a South Dakota meat processing facility, and Mitchell Temporary, a South Dakota employment agency, on September 29, 2003 in the U.S. District Court for the District of South Dakota. The EEOC's complaint alleged that Mitchell and Dakota violated the Americans with Disabilities Act when they discriminated against the intervenor, who intervened in April 2004, based on a disability (deafness) when they failed to hire her and instead hired less qualified individuals without disabilities. The EEOC and the defendants entered into two separate consent decrees on August 27, 2004, both of which are substantively identical. The consent decrees stipulated that Mitchell and Dakota would be enjoined from discriminating based on disability in the future, would their employees for compliance with the ADA, post a notice of compliance with the ADA, affirmatively hire hearing impaired individuals, and report to the EEOC semiannually for three years about compliance with the consent decree. The decree further stated that Mitchell and Dakota would pay $125,000 in damages, attorney's fees, and costs to the intervenor. The intervenor and the defendants were granted a stipulated dismissal, also on August 27, 2004.The decree was entered in 2005 and scheduled to last 2007. No further docket entries exist, so the case is closed.

Summary Authors

Aaron Weismann (6/7/2007)

Clearinghouse (12/24/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/23305143/parties/equal-employment-opportunity-commission-v-mitchell-temporary/

Judge(s)

Attorney for Plaintiff

Fuller, Ann Louise (Colorado)

Kittle, Rita Byrnes (Colorado)

Knudsen, Donald P. (South Dakota)

Kryger, Varla (South Dakota)

Attorney for Defendant

Arend, Denise (South Dakota)

Judge(s)

Schreier, Karen E. (South Dakota)

Attorney for Plaintiff

Fuller, Ann Louise (Colorado)

Kittle, Rita Byrnes (Colorado)

Knudsen, Donald P. (South Dakota)

Kryger, Varla (South Dakota)

Mitchell, Joseph H. (Texas)

Weeks, Nancy A. (Colorado)

Attorney for Defendant

Arend, Denise (South Dakota)

Manolis, George M. (South Dakota)

Schraeder, Terry E. (Texas)

Theeler, John S. (South Dakota)

Vermeulen, Lynette (South Dakota)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

4:03-cv-04222	Docket (PACER) Equal Employment Opportunity Commission v. Mitchell Temporary et al	Sept. 12, 2005	Sept. 12, 2005 Docket
1 4:03-cv-04222	Complaint	Sept. 29, 2003	Sept. 29, 2003 Complaint
31 4:03-cv-04222	Intervenor's Complaint	April 1, 2004	April 1, 2004 Complaint
62 4:03-cv-04222	Order of Dismissal	Aug. 27, 2004	Aug. 27, 2004 Order/Opinion
63 4:03-cv-04222	Consent Decree [Dakota Park]	Aug. 27, 2004	Aug. 27, 2004 Settlement Agreement
64 4:03-cv-04222	Consent Decree	Aug. 27, 2004	Aug. 27, 2004 Settlement Agreement
4:03-cv-04222	EEOC Litigation Settlement Report August 2004 No Court	Aug. 27, 2004	Aug. 27, 2004 Press Release

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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/23305143/equal-employment-opportunity-commission-v-mitchell-temporary/

Last updated April 4, 2025, 11:19 a.m.

ECF Number	Date	Description	Link
1	Sept. 29, 2003	COMPLAINT with Jury Demand, filed by Equal Employment Opportunity Commission.(SKM) (Entered: 09/29/2003)	RECAP
2	Sept. 29, 2003	CIVIL COVER SHEET (SKM) (Entered: 10/22/2003)	RECAP
	Nov. 5, 2003	PRO HAC VICE fee paid by Terry E. Schraeder (CLM, ) (Entered: 11/05/2003)	PACER
3	Nov. 5, 2003	NOTICE of Appearance by George N. Manolis on behalf of Dakota Pork Industries, Inc. (CLM, ) (Entered: 11/05/2003)	RECAP
4	Nov. 5, 2003	MOTION for attorney Terry Schraeder to Appear Pro Hac Vice by Dakota Pork Industries, Inc. (CLM, ) (Entered: 11/05/2003)	RECAP
5	Nov. 5, 2003	ORDER granting 4 Motion for Attorney Terry E. Schraeder to appear Pro Hac Vice; further Ordered that Terry E. Schraeder shall file a return and pay state sales tax pursuant to the laws of the state of South Dakota Signed by Judge Karen E. Schreier on 11/5/03. (CLM, ) (Entered: 11/06/2003)	RECAP
	Nov. 5, 2003	PRO HAC VICE fee paid by Terry E. Schraeder (CLM, )
6	Dec. 1, 2003	NOTICE of Waiver of Service of Summons by Dakota Pork Industries, Inc. (SLL, ) (Entered: 12/02/2003)	RECAP
7	Dec. 1, 2003	NOTICE of Waiver of Service of Summons by Denise K. Arend, Agent for Mitchell Temporary (SLL, ) (Entered: 12/02/2003)	RECAP
8	Dec. 1, 2003	NOTICE of Waiver of Service of Summons by Lynette G. Vermeulen, Agent for Mitchell Temporary (SLL, ) (Entered: 12/02/2003)	RECAP
9	Dec. 24, 2003	ANSWER to Complaint by Dakota Pork Industries, Inc..(JMM, ) (Entered: 12/24/2003)	RECAP
10	Dec. 24, 2003	MOTION to Sever by Dakota Pork Industries, Inc.. (JMM, ) (Entered: 12/24/2003)	RECAP
11	Dec. 24, 2003	MEMORANDUM in Support re 10 MOTION to Sever filed by Dakota Pork Industries, Inc.. (JMM, ) (Entered: 12/24/2003)	RECAP
12	Dec. 24, 2003	CERTIFICATE of Interested Parties by Dakota Pork Industries, Inc.. (JMM, ) (Entered: 01/02/2004)	RECAP
13	Dec. 30, 2003	ANSWER to Complaint with Jury Demand, CROSSCLAIM against Dakota Pork Industries, Inc. by Mitchell Temporary.(JMM, ) (Entered: 12/30/2003)	RECAP
14	Dec. 30, 2003	CERTIFICATE OF SERVICE by Mitchell Temporary re 12 Answer to Complaint, Crossclaim (JMM, ) (Entered: 12/30/2003)	RECAP
15	Jan. 14, 2004	RESPONSE/Resistance to Motion re 10 MOTION to Sever defendant Mitchell Temporary filed by Mitchell Temporary. (SLL, ) (Entered: 01/14/2004)	RECAP
16	Jan. 14, 2004	BRIEF by Defendant Mitchell Temporary 15 in Support of its Resistance/ Response to Motion to sever defenfant Mitchell Temporary. (SLL, ) (Entered: 01/14/2004)	RECAP
17	Jan. 14, 2004	CERTIFICATE OF SERVICE by Mitchell Temporary (SLL, ) (Entered: 01/14/2004)	RECAP
18	Jan. 14, 2004	MOTION to Extend Time to Respond to Motion to Sever 10 by Equal Employment Opportunity Commission. (RCL, ) (Entered: 01/14/2004)	RECAP
19	Jan. 15, 2004	ORDER granting 18 Motion to Extend . Signed by Judge Karen E. Schreier on 01/15/04. (KC, ) (Entered: 01/15/2004)	RECAP
20	Jan. 15, 2004	Confirmation of mailing NOE to non-ecf counsel (MWT, ) (Entered: 01/15/2004)	RECAP
21	Jan. 23, 2004	RESPONSE to Motion re 10 MOTION to Sever filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A)(CLM, ) (Entered: 01/23/2004)	RECAP
22	Feb. 6, 2004	REPLY to Motion Reponse re 10 MOTION to Sever filed by Dakota Pork Industries, Inc.. (SKM) (Entered: 02/06/2004)	RECAP
23	March 3, 2004	First MOTION to Intervene as a Matter of Right by Varla Kryger. (Attachments: # 1 Exhibit Complaint of Varla Kryger)(Knudsen, Donald) (Entered: 03/03/2004)	RECAP
24	March 3, 2004	MEMORANDUM in Support re 23 First MOTION to Intervene as a Matter of Right filed by Varla Kryger. (Knudsen, Donald) (Entered: 03/03/2004)	RECAP
25	March 11, 2004	REPORT of Rule 26(f) Planning Meeting. (SKM) (Entered: 03/11/2004)	RECAP
26	March 15, 2004	RULE 26 Disclosures by Dakota Pork Industries, Inc., Mitchell Temporary. (Attachments: # 1, application for employment; # 2welcome to Dakota Pork; # 3job analysis; # 4 ham packer)(JMM, ) (Entered: 03/15/2004)	RECAP
27	March 16, 2004	RULE 26 Initial Disclosures by Mitchell Temporary. (SLL, ) (Entered: 03/16/2004)	RECAP
28	March 16, 2004	CERTIFICATE OF SERVICE by Mitchell Temporary (SLL, ) (Entered: 03/16/2004)	RECAP
29	April 1, 2004	ORDER granting 23 Motion to Intervene. Signed by Judge Karen E. Schreier on 04/01/04. (KC, ) (Entered: 04/01/2004)	RECAP
31	April 1, 2004	INTERVENOR COMPLAINT, filed by Varla Kryger.(RCL, ) (Entered: 04/02/2004)	RECAP
32	April 1, 2004	Summons Issued for Intervenor Complaint as to Mitchell Temporary (one summons %Denise Arend, one summons %Lynette Vermeulen). Summons hand delivered to Intervenor Plaintiff's attorney. (RCL, ) (Entered: 04/02/2004)	RECAP
33	April 1, 2004	Summons Issued for Intervenor Complaint as to Dakota Pork Industries, Inc.. Summons hand delivered to Intervenor Plaintiff's attorney. (RCL, ) (Entered: 04/02/2004)	RECAP
34	April 16, 2004	CERTIFICATE OF SERVICE by Mitchell Temporary (SLL, ) (Entered: 04/16/2004)	RECAP
35	April 22, 2004	ANSWER to Intervenor Complaint by Dakota Pork Industries, Inc..(SLL, ) (Entered: 04/22/2004)	RECAP
36	April 23, 2004	SCHEDULING ORDER: Discovery due by 12/31/2004. Motions due by 1/28/2005. Signed by Judge Karen E. Schreier on 04/23/04. (KC, ) (Entered: 04/23/2004)	RECAP
37	April 26, 2004	RETURN OF SERVICE Executed upon Defendant Dakota Pork Industries, Inc., served on CT Corporation System as Registered Agent for Dakota Pork Industries (BBH, ) (Entered: 04/26/2004)	RECAP
38	April 26, 2004	RETURN OF SERVICE Executed upon Defendant Mitchell Temporary, served on Lynnette Vermeulen (BBH, ) (Entered: 04/26/2004)	RECAP
40	April 29, 2004	RETURN OF SERVICE Executed upon Defendant Mitchell Temporary, served on Denise Arend (BBH, ) (Entered: 04/30/2004)	RECAP
41	May 13, 2004	ANSWER to Intervenor Complaint 31, CROSSCLAIM against Dakota Pork Industries, Inc. and Jur Demand by Mitchell Temporary(DJP) (Entered: 05/13/2004)	RECAP
42	May 13, 2004	CERTIFICATE OF SERVICE by Mitchell Temporary (DJP) (Entered: 05/13/2004)	RECAP
43	June 18, 2004	ORDER denying 10 Motion to Sever Signed by Judge Karen E. Schreier on 6/18/04. (CLM, ) (Entered: 06/18/2004)	RECAP
45	June 22, 2004	MOTION for Summary Judgment and alternative MOTION for Partial Summary Judgment on Mitchell Temporary Services Cross Claims by Dakota Pork Industries, Inc.. (Attachments: # 1 Exhibit Exhibit A - Mitchell Temporary Services Contract# 2 Exhibit Exhibit B - Affidavit of Dan Jarabek)(SLL, ) (Entered: 06/22/2004)	RECAP
46	June 22, 2004	MEMORANDUM in Support re 45 MOTION for Summary Judgment and alternative MOTION for Partial Summary Judgment on Mitchell Temporary Services Cross Claims filed by Dakota Pork Industries, Inc.. (Attachments: # 1 Exhibit Exhibit A - Mitchell Temporary Services Contract# 2 Exhibit Exhibit B - Affidavit of Dan Jarabek)(SLL, ) (Entered: 06/22/2004)	RECAP
47	July 6, 2004	APPLICATION AND AFFIDAVIT for Default Judgment by Defendant Mitchell Temporary. (SKM) (Entered: 07/06/2004)	RECAP
48	July 6, 2004	MEMORANDUM of Law in support by Defendant Mitchell Temporary 47 Application for Default Judgment. (SKM) (Entered: 07/06/2004)	RECAP
49	July 6, 2004	NOTICE of Hearing by Mitchell Temporary of Application for Default Judgment (SKM) (Entered: 07/06/2004)	RECAP
50	July 6, 2004	CERTIFICATE OF SERVICE by Mitchell Temporary (SKM) (Entered: 07/06/2004)	RECAP
	July 8, 2004	NOTICE of filing error - Dakota Pork Industries Motion For Leave was deleted as Local Counsel had not signed pleadings. (CLM, ) (Entered: 07/08/2004)	PACER
51	July 8, 2004	RESPONSE/RESISTANCE to Motion re 45 MOTION for Partial Summary Judgment MOTION for Summary Judgment filed by Mitchell Temporary. (Attachments: # 1Affidavit of Denise Arend; # 2Affidavit of Lynette Vermeulen)(JMM, ) (Entered: 07/08/2004)	RECAP
52	July 8, 2004	MEMORANDUM in Opposition re 45 MOTION for Partial Summary Judgment MOTION for Summary Judgment MOTION for Summary Judgment filed by Mitchell Temporary. (Attachments: # 1Affidavit of Denise Arend; # 2Affidavit of Lynette Vermeulen; # 3Mitchell Temporary contract)(JMM, ) (Entered: 07/08/2004)	RECAP
53	July 8, 2004	STATEMENT OF MATERIAL FACTS re 51 Response to Motion, 52 Memorandum in Opposition to Motion, by Defendant Mitchell Temporary, Cross Claimants Mitchell Temporary, Mitchell Temporary. (JMM, ) (Entered: 07/08/2004)	RECAP
54	July 8, 2004	CERTIFICATE OF SERVICE by Mitchell Temporary re 51 Response to Motion, 52 Memorandum in Opposition to Motion,, 53 Statement of Material Facts (JMM, ) (Entered: 07/08/2004)	RECAP
	July 8, 2004	NOTICE of filing error - Dakota Pork Industries Motion For Leave was deleted as Local Counsel had not signed pleadings. (CLM, )
55	July 13, 2004	MOTION for Leave to file its Answer to All Cross Claims Asserted by Defendant Mitchell Temporary by Dakota Pork Industries, Inc.. (Attachments: # 1 Proposed Order for Leave to file Answer to All Cross Claims Asserted by Defendant Mitchell Temporary# 2 Affidavit Terry E. Schraeder# 3 Exhibit A - Complaint and Jury Trial Demand# 4 Exhibit B - Defendant Dakota Pork Industries' Answer to Plaintiff's Complaint# 5 Exhibit C - Intervenor's Complaint# 6 Exhibit D - Defendant Dakota Port Industries' Original Answer to Intervenor's Complaint# 7 Exhibit E - Defendant Dakota Pork Industries' Original Anser to all Cross-Claims Asserted by Third Party Plaintiff Mitchell Temporary# 8 Exhibit F - Dakota Pork Industries' Motion for Summary Judgment and Alternative Motion for Partial Summary Judgment on Mitchell Temporary Services Cross Claims)(CLM, ) (Entered: 07/13/2004)	RECAP
56	July 13, 2004	RESPONSE to Application to Set Aside Entry of Default 47 Request filed by Dakota Pork Industries, Inc.. (Attachments: # 1 Proposed Order granting Dakota Pork Industries' Motion to Set Aside Entry of Default# 2 Exhibit B - Dakota Pork Industries' Motion for Summary Judgment and Alternative Motion for Partial Summary Judgment on Mitchell Temporary Services Cross Claims# 3 Exhibit C - Defendant Pork Industries' Original Answer to all Cross-Claims Asserted by Third Party Plaintiff Mitchell Temporary# 4 Exhibit C - Letter dated 6/7/04 from Theeler to Counsel Re: Mediation# 5 Affidavit Terry E. Schraeder# 6 Exhibit E - Defendant Dakota Pork Industries' Motion to Sever Defendant Mitchell Temporary# 7 Exhibit F - Letter dated 3/10/03 from Ward to Office of the Clerk Re: Joint Discovery/Case Mangement Plan Under Rule 26(f) of the Federal Rules of Civil Procedure# 8 Exhibit G - Defendant Dakota Pork Industries' Answers to Mitchell Temporary's First Set of Interrogatories and Response to First Request for Production# 9 Exhibit H - Letter dated 2/19/04 Ward to Counsel Re: Joint Case Management Plan# 10 Exhibit I - Letter dated 6/16/04 from Magistrate Judge Simko to Counsel re: Mediation)(CLM, ) (Entered: 07/13/2004) 2 View on RECAP	RECAP
57	July 16, 2004	REPLY to Motion Reponse re 45 MOTION for Partial Summary Judgment MOTION for Summary Judgment MOTION for Summary Judgment filed by Dakota Pork Industries, Inc.. (RCL, ) (Entered: 07/16/2004)	RECAP
58	July 16, 2004	ANSWER to Crossclaim by Dakota Pork Industries, Inc..(RCL, ) (Entered: 07/16/2004)	RECAP
59	July 16, 2004	MOTION to Extend Expert Witness Deadlines by Equal Employment Opportunity Commission. (Kittle, Rita) (Entered: 07/16/2004)	RECAP
60	July 19, 2004	ORDER granting 59 Motion to Extend expert deadlines. Signed by Judge Karen E. Schreier on 07/19/04. (KC, ) (Entered: 07/19/2004)	RECAP
62	Aug. 27, 2004	MOTION (STIPULATION) to Dismiss claims pending against Dakota Pork Industries and Mitchell Temporary brought by Intervenor Varla Kryger. Filed by Dakota Pork Industries, Inc., Varla Kryger, Mitchell Temporary. (RCL, ) (Entered: 08/27/2004)	RECAP
63	Aug. 27, 2004	CONSENT DECREE (Dakota Pork) re 62 MOTION to Dismiss filed by Dakota Pork Industries, Inc., Mitchell Temporary, Varla Kryger. Signed by Judge Karen E. Schreier on 8/27/04. (RCL, ) (Entered: 08/27/2004)	RECAP
64	Aug. 27, 2004	CONSENT DECREE (Mitchell Temporary) re 62 MOTION to Dismiss filed by Dakota Pork Industries, Inc., Mitchell Temporary, Varla Kryger. Signed by Judge Karen E. Schreier on 8/27/04. (RCL, ) (Entered: 08/27/2004)	RECAP
65	Aug. 27, 2004	ORDER granting 62 Motion (Stipulation) to Dismiss . Signed by Judge Karen E. Schreier on 8/27/04. (RCL, ) (Entered: 08/27/2004)	RECAP
	Sept. 12, 2005	MAILING Original File to Clerk's Office in Sioux Falls, SD (JLH, ) (Entered: 09/12/2005)	PACER
	Sept. 12, 2005	MAILING Original File to Clerk's Office in Sioux Falls, SD (JLH, )

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Case Details

State / Territory:

South Dakota

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 29, 2003

Closing Date: 2007

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

Dakota Pork Industries, Inc.

Mitchell Temporary

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Other Dockets:

District of South Dakota 4:03-cv-04222

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

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

Other requirements regarding hiring, promotion, retention

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Recordkeeping

Reporting

Retaliation Prohibition

Amount Defendant Pays: 125000

Order Duration: 2004 - 2007

Issues

Disability and Disability Rights:

Hearing impairment

Discrimination Area:

Disparate Treatment

Hiring

Discrimination Basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit

Recommended Citation

Case Summary of EEOC v. Mitchell Temporary And Dakota Pork Industries, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/5734/ (last updated 12/24/2018).