Case: EEOC v. E & H ELECTRICAL SERVICE

3:05-cv-00269 | U.S. District Court for the Western District of North Carolina

Filed Date: June 9, 2005

Closed Date: Oct. 3, 2007

Clearinghouse coding complete

Case Summary

In June 2005, the EEOC's Charlotte District Office filed suit in U.S. District Court for the Western District of North Carolina. The complaint alleged that the defendant, E&H Electrical Service, violated Title VII of the Civil Rights Act by subjecting an American Indian employee to harassment based on his race.

The defendant moved for summary judgment, and in March of 2007, the court granted the motion, reasoning that the employee's treatment was not severe or pervasive enough to constitute a hostile working environment. The EEOC appealed the ruling. In October of 2007, the appeal was dismissed with the consent of the parties.

Summary Authors

Jason Chester (5/30/2008)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4304872/parties/equal-employment-opportunity-commission-v-eh-electrical-service-inc/


Judge(s)

Mullen, Graham Calder (North Carolina)

Attorney for Plaintiff

Barnes, Lynette (North Carolina)

Dreiband, Eric S. (District of Columbia)

Lee, James L. (District of Columbia)

Attorney for Defendant

Adams, G. Bryan (North Carolina)

Documents in the Clearinghouse

Documents in this case

3:05-cv-00269

Docket [PACER]

EEOC v. E&H Electrical Service, Inc.

Oct. 3, 2007

Oct. 3, 2007

Docket
1-1

3:05-cv-00269

Complaint

EEOC v. E & H Electrical Service, Inc.

June 9, 2005

June 9, 2005

Complaint
13

3:05-cv-00269

Amended Joint Consent Protective Order

EEOC v. E&H Electrical Service Inc.

May 10, 2006

May 10, 2006

Order/Opinion
30

3:05-cv-00269

Opinion [Granting Defendant Summary Judgment]

EEOC v. E & H Electrical Service, Inc

March 19, 2007

March 19, 2007

Order/Opinion

2007 WL 841942

07-01467

3:05-cv-00269

Order [Re: USCA dismissing appeal]

EEOC v. E&H Electrical Service Inc.

U.S. Court of Appeals for the Fourth Circuit

Oct. 3, 2007

Oct. 3, 2007

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4304872/equal-employment-opportunity-commission-v-eh-electrical-service-inc/

Last updated April 4, 2025, 11:31 a.m.

ECF Number Date Description Link
1 June 9, 2005

COMPLAINT against E&H Electrical Service, Inc., filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(Basile, Antonietta) (Entered: 06/13/2005)

1 Civil Cover Sheet

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RECAP
2 June 9, 2005

NOTICE OF LAWSUIT AND REQUEST FOR WAIVER of Service of Summons sent to Tim S. Ellison, Registered Agent for E&H Electrical Service, Inc. by Equal Employment Opportunity Commission. (Basile, Antonietta) (Entered: 06/13/2005)

RECAP
3 July 1, 2005

WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. E&H Electrical Service, Inc. waiver sent on 6/9/2005, answer due 8/8/2005. (Barber, Suzanne) (Entered: 07/01/2005)

RECAP
4 Aug. 3, 2005

ANSWER to Complaint with Jury Demand by E&H Electrical Service, Inc..(Wallace, Betsy) (Entered: 08/09/2005)

RECAP
7 Sept. 1, 2005

CERTIFICATION of initial attorney conference and discovery plan by Equal Employment Opportunity Commission, E&H Electrical Service, Inc..(Cochran, Candace) (Entered: 09/06/2005)

RECAP
8 Sept. 14, 2005

SCHEDULING ORDER: Discovery due by 5/30/2006. Motions due by 6/30/2006. Jury Trial set for 12/4/2006 10:00 AM in Courtroom #3, 401 W. Trade St., Charlotte, NC 28202 before Graham Mullen.. Signed by Judge Graham Mullen on 9/14/05. (Wallace, Betsy) (Entered: 09/14/2005)

RECAP
9 Dec. 12, 2005

Joint MOTION for Extension of Scheduling Deadlines for Disclosure of Expert Witness(es) by Equal Employment Opportunity Commission, E&H Electrical Service, Inc.. Responses due by 12/27/2005 (Attachments: # 1 Text of Proposed Order)(Ryerse, Mary) (Entered: 12/12/2005)

1 Text of Proposed Order

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RECAP
10 Dec. 19, 2005

ORDER granting 9 Motion for Extension of Scheduling Deadlines . Signed by Judge Graham Mullen on 12/19/05. (Huntley, Cynthia) (Entered: 12/20/2005)

RECAP
11 May 5, 2006

Joint MOTION for Protective Order by Equal Employment Opportunity Commission, E&H Electrical Service, Inc.. Responses due by 5/22/2006 (Attachments: # 1 Proposed Order Consent Protective Order)(Ryerse, Mary) (Entered: 05/05/2006)

1 Proposed Order Consent Protective Order

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RECAP
12 May 8, 2006

NOTICE by Equal Employment Opportunity Commission re 11 Joint MOTION for Protective Order (Attachments: # 1 Proposed Order Amended Consent Protective Order)(Ryerse, Mary) (Entered: 05/08/2006)

1 Proposed Order Amended Consent Protective Order

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RECAP
13 May 10, 2006

ORDER granting 11 Motion for Protective Order . Signed by Judge Graham Mullen on 5/10/06. (MacEwan, Cathy) (Entered: 05/11/2006)

RECAP
14 May 17, 2006

Joint MOTION for Extension of Scheduling Deadlines by E&H Electrical Service, Inc.. (Adams, G.) (Entered: 05/17/2006)

RECAP
15 May 17, 2006

ORDER granting 14 Motion for Extension of Scheduling Deadlines . Signed by Judge Graham Mullen on 5/17/06. (Huntley, Cynthia) (Entered: 05/18/2006)

RECAP
16 May 23, 2006

REPORT of Mediation - The parties have reached an impasse.(Huntley, Cynthia) (Entered: 05/24/2006)

RECAP
17 June 28, 2006

Joint MOTION for Extension of Scheduling Deadlines by E&H Electrical Service, Inc.. (Adams, G.) (Entered: 06/28/2006)

RECAP
18 June 30, 2006

ORDER granting 17 Motion for Extension of Scheduling Deadlines . Signed by Judge Graham Mullen on 6/30/06. (Huntley, Cynthia) (Entered: 07/03/2006)

RECAP
19 Aug. 30, 2006

MOTION for Extension of Scheduling Deadlines by E&H Electrical Service, Inc..Responses due by 9/18/2006 (Adams, G.) (Entered: 08/30/2006)

RECAP
20 Sept. 1, 2006

ORDER granting 19 MOTION for Extension of Scheduling Deadlines. Discovery due by 10/16/2006. Motions due by 11/16/2006. Signed by Judge Graham Mullen on 9/1/06. (com) (Entered: 09/01/2006)

RECAP
21 Nov. 16, 2006

MOTION for Summary Judgment by E&H Electrical Service, Inc..Responses due by 12/4/2006 (Adams, G.) (Entered: 11/16/2006)

RECAP
22 Nov. 16, 2006

MEMORANDUM in Support re 21 MOTION for Summary Judgment filed by E&H Electrical Service, Inc.. (Attachments: # 1 Appendix Locklear Deposition Excerpts# 2 Appendix Locklear Deposition Exhibits# 3 Appendix Ellison Depo Excerpts and Exhibits# 4 Appendix Braswell Deposition Excerpts# 5 Appendix Miller Deposition Excerpts# 6 Appendix Helms Deposition Excerpts# 7 Appendix Wilson Deposition Excerpts# 8 Appendix Heafner Deposition Excerpts# 9 Affidavit Tim Ellison Affidavit# 10 Affidavit TIm Harbin Affidavit# 11 Affidavit Gary McDowell Affidavit# 12 Affidavit Robert McDowell Affidavit# 13 Exhibit Memorandum Exhibit A# 14 Exhibit Memorandum Exhibit B# 15 Appendix Unpublished Decisions Pt. 1# 16 Appendix Unpublished Decisions Pt. 2)(Adams, G.) (Entered: 11/16/2006)

1 Appendix Locklear Deposition Excerpts

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2 Appendix Locklear Deposition Exhibits

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3 Appendix Ellison Depo Excerpts and Exhibits

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4 Appendix Braswell Deposition Excerpts

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5 Appendix Miller Deposition Excerpts

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6 Appendix Helms Deposition Excerpts

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7 Appendix Wilson Deposition Excerpts

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8 Appendix Heafner Deposition Excerpts

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9 Affidavit Tim Ellison Affidavit

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10 Affidavit TIm Harbin Affidavit

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11 Affidavit Gary McDowell Affidavit

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12 Affidavit Robert McDowell Affidavit

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13 Exhibit Memorandum Exhibit A

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14 Exhibit Memorandum Exhibit B

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15 Appendix Unpublished Decisions Pt. 1

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16 Appendix Unpublished Decisions Pt. 2

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RECAP
23 Dec. 4, 2006

MEMORANDUM in Opposition re 21 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 Appendix # 2 Exhibit 1 - Locklear Depostion Excerpts# 3 Exhibit 2 - Locklear Dep Exhibit 6# 4 Exhibit 3 - Locklear Dep Exhibit 10# 5 Exhibit 4- Locklear Affidavit# 6 Exhibit 5 - Ellison Deposition excerpts# 7 Exhibit 6 - Ellison Dep Exhibit 4# 8 Exhibit 7 - Ellison Dep Exhibit 12# 9 Exhibit 8 - Braswell Deposition excerpts# 10 Exhibit 9 - Helms Deposition excerpts# 11 Exhibit 10 - Wilson Deposition excerpts# 12 Exhibit 11 - Miller Deposition excerpts# 13 Exhibit 12 - Unreported cases# 14 Exhibit 13 - Unreported cases 2)(Ryerse, Mary) (Entered: 12/04/2006)

1 Appendix

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2 Exhibit 1 - Locklear Depostion Excerpts

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3 Exhibit 2 - Locklear Dep Exhibit 6

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4 Exhibit 3 - Locklear Dep Exhibit 10

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5 Exhibit 4- Locklear Affidavit

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6 Exhibit 5 - Ellison Deposition excerpts

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7 Exhibit 6 - Ellison Dep Exhibit 4

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8 Exhibit 7 - Ellison Dep Exhibit 12

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9 Exhibit 8 - Braswell Deposition excerpts

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10 Exhibit 9 - Helms Deposition excerpts

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11 Exhibit 10 - Wilson Deposition excerpts

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12 Exhibit 11 - Miller Deposition excerpts

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13 Exhibit 12 - Unreported cases

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14 Exhibit 13 - Unreported cases 2

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RECAP
24 Dec. 5, 2006

Unredacted Documents re: 23 Memorandum in Opposition to Motion; Exhibit 2 and (Attachments: (1) Exhibit 3)(com) (Entered: 12/07/2006)

RECAP
25 Dec. 15, 2006

REPLY to Response to Motion re 21 MOTION for Summary Judgment filed by E&H Electrical Service, Inc.. (Attachments: # 1 Appendix Luke Heafner Deposition Excerpt)(Adams, G.) (Entered: 12/15/2006)

1 Appendix Luke Heafner Deposition Excerpt

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RECAP
26 Dec. 22, 2006

Surreply by Equal Employment Opportunity Commission as to 21 MOTION for Summary Judgment. (Attachments: # 1 Exhibit 1 - Locklear Deposition excerpts)(Ryerse, Mary) (Entered: 12/22/2006)

1 Exhibit 1 - Locklear Deposition excerpts

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RECAP
27 Dec. 27, 2006

MOTION for Leave to File A Surreply Memorandum to Defendant's Reply Memorandum by Equal Employment Opportunity Commission.Responses due by 1/16/2007 (Attachments: # 1 Attachment A: Proposed Surreply Memo with Exhibit# 2 Proposed Order)(Ryerse, Mary) (Entered: 12/27/2006)

1 Attachment A: Proposed Surreply Memo with Exhibit

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2 Proposed Order

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RECAP
28 Jan. 5, 2007

ORDER granting 27 Motion for Leave to File a memorandum in response to Defendant's Reply Memorandum in Support of Defendant's Motion for Summary Judgment. Signed by Judge Graham Mullen on 1/5/07. (chh) (Entered: 01/05/2007)

RECAP
29 Jan. 23, 2007

ORDER Jury Trial reset for 5/7/2007 10:00 AM in Courtroom #3, 401 W. Trade St., Charlotte, NC 28202 before Graham Mullen. Signed by Judge Graham Mullen on 1/23/07. (com) (Entered: 01/23/2007)

RECAP
30 March 19, 2007

ORDER granting 21 Motion for Summary Judgment. Signed by Judge Graham Mullen on 3/19/07. (com) (Entered: 03/19/2007)

RECAP
31 March 20, 2007

CLERK'S JUDGMENT is hereby entered in accordance with the Court's Order dated 3/19/07 (com) (Entered: 03/20/2007)

RECAP
32 May 18, 2007

NOTICE OF APPEAL as to 31 Clerk's Judgment, 30 Order on Motion for Summary Judgment by Equal Employment Opportunity Commission. (Ryerse, Mary) (Entered: 05/18/2007)

RECAP
33 May 18, 2007

Transmission of Notice of Appeal to US Court of Appeals re 32 Notice of Appeal (tmg) (Entered: 05/18/2007)

RECAP
34 May 24, 2007

USCA Case Number 07-1467 for 32 Notice of Appeal USCA Case Manager: Richard H. Sewell. (smj) (Entered: 05/24/2007)

RECAP
35 Oct. 3, 2007

MANDATE of USCA as to 32 Notice of Appeal (Attachments: # 1 Order)(mga) (Entered: 10/12/2007)

1 Order

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RECAP

Docket Text

PACER

COMPLAINT against E&H Electrical Service, Inc. , filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(Basile, Antonietta) (Entered: 0611312005)

PACER

NOTICE OF LAWSUIT AND REQUEST FOR WAIVER of Service of Summons sent to Tim S. Ellison, Registered Agent for E&H Electrical Service, Inc. by Equal Employment Opportunity Commission. (Basile, Antonietta) (Entered: 0611312005)

PACER

WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. E&H Electrical Service, Inc. waiver sent on 6/912005, answer due 8/812005. (Barber, Suzanne) (Entered: 07/0112005)

PACER

ANSWER to Complaint with Jury Demand by E&H Electrical Service, Inc .. (Wallace, Betsy) (Entered: 08/0912005)

PACER

SCHEDULING ORDER: Discovery due by 5/3012006. Motions due by 6/3012006. Jury Trial set for 12/412006 10:00 AM in Courtroom #3,401 W. Trade St., Charlotte, NC 28202 before Graham Mullen .. Signed by Judge Graham Mullen on 9114/05. (Wallace, Betsy) (Entered: 0911412005)

PACER

Joint MOTION for Extension of Scheduling Deadlinesfor Disclosure of Expert Witness(es) by Equal Employment Opportunity Commission, E&H Electrical Service, Inc .. Responses due by 1212712005 (Attachments: # 1 Text of Proposed Order)(Ryerse, Mary) (Entered: 1211212005)

PACER

Proposed document submitted to Judge Graham Mullen. (Ryerse, Mary) (Entered: 1211212005)

PACER

ORDER granting 2 Motion for Extension of Scheduling Deadlines. Signed by Judge Graham Mullen on 12119105. (Huntley, Cynthia) (Entered: 1212012005)

PACER

Joint MOTION for Protective Order by Equal Employment Opportunity Commission, E&H Electrical Service, Inc .. Responses due by 512212006 (Attachments: # 1 Proposed Order Consent Protective Order)(Ryerse, Mary) (Entered: 05/0512006)

PACER

NOTICE by Equal Employment Opportunity Commission re 11 Joint MOTION for Protective Order (Attachments: # 1 Proposed Order Amended Consent Protective Order)(Ryerse, Mary) (Entered: 05/0812006)

PACER

ORDER granting 11 Motion for Protective Order. Signed by Judge Graham Mullen on 5110106. (MacEwan, Cathy) (Entered: 0511112006)

PACER

Joint MOTION for Extension of Scheduling Deadlines by E&H Electrical Service, Inc .. (Adams, G.) (Entered: 0511712006)

PACER

ORDER granting 14 Motion for Extension of Scheduling Deadlines. Signed by Judge Graham Mullen on 5117106. (Huntley, Cynthia) (Entered: 0511812006)

PACER

Set/Reset Deadlines: Discovery due by 71112006. Motions due by 81112006. (Huntley, Cynthia) (Entered: 0511812006)

PACER

REPORT of Mediation - The parties have reached an impasse.(Huntley, Cynthia) (Entered: 0512412006)

PACER

Joint MOTION for Extension of Scheduling Deadlines by E&H Electrical Service, Inc .. (Adams, G.) (Entered: 0612812006)

PACER

ORDER granting 17 Motion for Extension of Scheduling Deadlines. Signed by Judge Graham Mullen on 6130106. (Huntley, Cynthia) (Entered: 07/0312006)

PACER

Set DeadlineslHearings: Discovery due by 91112006. Motions due by 101112006. Jury Trial set for 3/512007 10:00 AM in Courtroom #3,401 W. Trade St., Charlotte, NC 28202 before Graham Mullen. (Huntley, Cynthia) (Entered: 07/0312006)

PACER

MOTION for Extension of Scheduling Deadlines by E&H Electrical Service, Inc .. Responses due by 911812006 (Adams, G.) (Entered: 0813012006)

PACER

MOTION for Summary Judgment by E&H Electrical Service, Inc .. Responses due by 12/412006 (Adams, G.) (Entered: 1111612006)

PACER

MEMORANDUM in Support re 21 MOTION for Summary Judgment filed by E&H Electrical Service, Inc .. (Attachments: # 1 Appendix Locklear Deposition Excerpts# ~ Appendix Locklear Deposition Exhibits# 1. Appendix Ellison Depo Excerpts and Exhibits# :1: Appendix Braswell Deposition Excerpts# ~ Appendix Miller Deposition Excerpts# 2. Appendix Helms Deposition Excerpts# 1 Appendix Wilson Deposition Excerpts# ~ Appendix Heafner Deposition Excerpts# 2 Affidavit Tim Ellison Affidavit# 10 Affidavit TIm Harbin Affidavit# 11 Affidavit Gary McDowell Affidavit# 12 Affidavit Robert McDowell Affidavit# 13 Exhibit Memorandum Exhibit A# 14 Exhibit - - Memorandum Exhibit B# U Appendix Unpublished Decisions Pt. 1 # 16 Appendix Unpublished Decisions Pt. 2)(Adams, G.) (Entered: 1111612006)

PACER

MEMORANDUM in Opposition re 21 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 Appendix # ~ Exhibit 1 - Locklear Depostion Excerpts# 1. Exhibit 2 - Locklear Dep Exhibit 6# :1: Exhibit 3 - Locklear Dep Exhibit 1 0# ~ Exhibit 4- Locklear Affidavit# 2. Exhibit 5 - Ellison Deposition excerpts# 1 Exhibit 6 - Ellison Dep Exhibit 4# ~ Exhibit 7 - Ellison Dep Exhibit 12# 2 Exhibit 8 - Braswell Deposition excerpts# 10 Exhibit 9 - Helms Deposition excerpts# 11 Exhibit 10 - Wilson Deposition excerpts# 12 Exhibit 11 - Miller Deposition excerpts# li Exhibit 12 - Unreported cases# 14 Exhibit 13 - Unreported cases 2)(Ryerse, Mary) (Entered: 12/0412006)

PACER

Unredacted Documents re: 23 Memorandum in Opposition to Motion; Exhibit 2 and (Attachments: (1) Exhibit 3)(com) (Entered: 12/0712006)

PACER

REPL Y to Response to Motion re 21 MOTION for Summary Judgment filed by E&H Electrical Service, Inc .. (Attachments: # 1 Appendix Luke Heafner Deposition Excerpt)(Adams, G.) (Entered: 1211512006)

PACER

Surreply by Equal Employment Opportunity Commission as to 21 MOTION for Summary Judgment. (Attachments: # 1 Exhibit 1 - Locklear Deposition excerpts)(Ryerse, Mary) (Entered: 1212212006)

PACER

MOTION for Leave to File A Surreply Memorandum to Defendant's Reply Memorandum by Equal Employment Opportunity Commission. Responses due by 111612007 (Attachments: # 1 Attachment A: Proposed Surreply Memo with Exhibit# ~ Proposed Order)(Ryerse, Mary) (Entered: 1212712006)

PACER

ORDER granting 27 Motion for Leave to File a memorandum in response to Defendant's Reply Memorandum in Support of Defendant's Motion for Summary Judgment. Signed by Judge Graham Mullen on 1/5/07. (chh) (Entered: 01/0512007)

PACER

ORDER Jury Trial reset for 51712007 10:00 AM in Courtroom #3,401 W. Trade St., Charlotte, NC 28202 before Graham Mullen. Signed by Judge Graham Mullen on 1123/07. (com) (Entered: 0112312007)

PACER

ORDER granting 21 Motion for Summary Judgment. Signed by Judge Graham Mullen on 3119107. (com) (Entered: 0311912007)

PACER

NOTICE OF APPEAL as to l! Clerk's Judgment, 30 Order on Motion for Summary Judgment by Equal Employment Opportunity Commission. (Ryerse, Mary) (Entered: 0511812007)

PACER

Transmission of Notice of Appeal to US Court of Appeals re 32 Notice of Appeal (tmg) (Entered: 0511812007)

PACER

USCA Case Number 07-1467 for 32 Notice of Appeal USCA Case Manager: Richard H. Sewell. (smj) (Entered: 0512412007)

PACER

MANDATE of USC A as to 32 Notice of Appeal (Attachments: # 1 Order)(mga) (Entered: 1011212007)

PACER

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: June 9, 2005

Closing Date: Oct. 3, 2007

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

Private Entity/Person

E&H Electrical Service, Inc.

Case Details

Causes of Action:

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

Other Dockets:

Western District of North Carolina 3:05-cv-00269

U.S. Court of Appeals for the Fourth Circuit 07-01467

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

Discrimination Area:

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination Basis:

Race discrimination

EEOC-centric:

Direct Suit on Merits

Recommended Citation