Case: EEOC v. OLVER INC AND ADECCO USA, INC

7:05-cv-00417 | U.S. District Court for the Western District of Virginia

Filed Date: June 30, 2005

Closed Date: 2006

Clearinghouse coding complete

Case Summary

On June 30, 2005, the Equal Employment Opportunity Commission ("EEOC"), on behalf of a female employee, filed a lawsuit in the Western District Court of Virginia, under Title VII of the Civil Rights Act of 1964, as amended by Title I of the Civil Rights Act of 1991, against Olver, Inc. The EEOC sought injunctive relief, compensatory damages, punitive damages, attorneys' fees, and other forms of affirmative relief claiming that the defendant discharged the complainant because of her race (black) and national origin (Virgin Islands).

On July 24, 2006, the District Court (Judge Samuel G. Wilson) denied the defendant's motion for summary judgment. On November 6, 2006, the District Court (Judge Wilson) entered a consent decree where the defendant, among other things, agreed to pay the complainant $15,000.

Summary Authors

Perry Miska (5/14/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4694822/parties/equal-employment-opportunity-commission-v-olver-incorporated/


Judge(s)
Attorney for Plaintiff

Caldwell, Stacey Turner (Virginia)

Kiel, Gerald (Maryland)

Attorney for Defendant

Bagby, Thomas Richard (Virginia)

Cothran, Elizabeth Hope (Virginia)

Hobbs, Robert Lucas (Virginia)

Documents in the Clearinghouse

Documents in this case

7:05-cv-00417

Docket [PACER]

EEOC v. Olver, Inc

Nov. 6, 2006

Nov. 6, 2006

Docket
1

7:05-cv-00417

Complaint

EEOC v. Olver, Inc.

June 30, 2005

June 30, 2005

Complaint
50

7:05-cv-00417

Order denying defendant's motion for summary judgment

EEOC v. Olver, Inc.

July 24, 2006

July 24, 2006

Order/Opinion

2006 WL 2076764

59

7:05-cv-00417

Consent Decree

EEOC v. Olver, Inc

Nov. 6, 2006

Nov. 6, 2006

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4694822/equal-employment-opportunity-commission-v-olver-incorporated/

Last updated April 4, 2025, 12:02 p.m.

ECF Number Date Description Link
1 June 30, 2005

COMPLAINT against Olver Incorporated, Adecco USA, Inc. filed by Equal Employment Opportunity Commission. 100 Day Notice due by 10/8/2005; 120 Day Service due by 10/28/2005. (Attachments: # 1 Cover Letter and Civil Cover Sheet)(rkc ) (Entered: 07/01/2005)

PACER
2 July 1, 2005

Summons Issued as to Olver Incorporated, Adecco USA, Inc. (rkc )

PACER
3 Sept. 26, 2005

RETURN of service of Summons in a Civil Case on 9/22/2005 upon Nanette L. Rider, Managing Agent for CT Corporation System (mec) (Entered: 09/27/2005)

PACER
4 Oct. 11, 2005

ANSWER to Complaint by Adecco USA, Inc..(Bagby, Thomas)

PACER
5 Oct. 11, 2005

Positive Corporate Disclosure Statement by Adecco USA, Inc. identifying Adecco, SA as Corporate Parent. (Bagby, Thomas) Modified on 11/1/2005 − Changed text to reflect Positive Disclosure (rkc )

PACER
6 Oct. 12, 2005

100 Day Notice Letter. (tob, )

PACER
7 Oct. 13, 2005

SUMMONS Returned Executed by Equal Employment Opportunity Commission. Olver Incorporated served on 9/26/2005, answer due 10/17/2005. (rkc )

PACER
8 Oct. 14, 2005

ANSWER to Complaint by Olver Incorporated.(Lawson, Mark)

PACER
9 Oct. 14, 2005

Negative Corporate Disclosure Statement by Olver Incorporated. (Lawson, Mark)

PACER
10 Oct. 18, 2005

Scheduling Letter to counsel. (rkc )

PACER
11 Oct. 18, 2005

Magistrate's Notice to counsel. (rkc )

PACER
12 Oct. 31, 2005

SCHEDULING ORDER: Jury Trial set for May 2−4, 2006 09:00 AM in Roanoke before Judge Samuel G. Wilson.. Signed by Judge Samuel G. Wilson on 10/31/2005. (rkc ) (Entered: 11/01/2005)

PACER
14 Dec. 8, 2005

Negative Corporate Disclosure Statement by Olver Incorporated. (Lawson, Mark)

PACER
15 Dec. 12, 2005

NOTICE of Appearance by Robert Lucas Hobbs on behalf of Olver Incorporated (Hobbs, Robert)

PACER
16 Jan. 19, 2006

Notice of Correction : Deleted original doc entry #16 (Return of Service) to allow for refiling with redactions. (rkc )

PACER
17 Jan. 19, 2006

RETURN of service of subpoena on January 12, 2006 upon Tom Wilkinson (Hobbs, Robert)

PACER
18 Feb. 1, 2006

AFFIDAVIT of Service for Subpoena Duces Tecum served on Carnival Cruise Lines on January 18, 2006, filed by Olver Incorporated. (Hobbs, Robert)

PACER
19 Feb. 1, 2006

Joint MOTION to Continue The Trial Date by Adecco USA, Inc.. (Cothran, Elizabeth)

PACER
20 Feb. 1, 2006

NOTICE to Take Deposition of Shannica Allen Dickerson by Olver Incorporated.(Hobbs, Robert)

PACER
21 Feb. 1, 2006

NOTICE to Take Deposition of plaintiff by Olver Incorporated.(Hobbs, Robert)

PACER
22 Feb. 6, 2006

RETURN of service of Subpoena on January 30, 2006 upon Salem Health &Rehab Center (Hobbs, Robert)

PACER
23 Feb. 6, 2006

RETURN of service of Subpoena on January 19, 2006 upon City Trust Mortgage (Hobbs, Robert)

PACER
24 Feb. 8, 2006

ORDER granting 19 Motion to Continue. Signed by Judge Pamela Meade Sargent on 2/8/06. (Bordwine, Robin)

PACER
25 Feb. 9, 2006

NOTICE of Hearing: Jury Trial RESET for June 27−29, 2006 09:00 AM in Roanoke before Judge Samuel G. Wilson. (rkc )

PACER
26 Feb. 13, 2006

AFFIDAVIT of Service for Subpoena Duces Tecum served on Generation Solutions on February 7, 2006, filed by Olver Incorporated. (Hobbs, Robert)

PACER
27 Feb. 28, 2006

RETURN of service of subpoena on February 13, 2006 upon Royal Caribbean (Attachments: # 1)(Hobbs, Robert)

PACER
28 Feb. 28, 2006

NOTICE to Take Deposition of Equal Employment Opportunity Commission by Olver Incorporated.(Hobbs, Robert)

PACER
29 Feb. 28, 2006

NOTICE to Take Deposition of EEOC by Adecco USA, Inc..(Cothran, Elizabeth)

PACER
30 March 7, 2006

NOTICE to Take Deposition of Kathleen P. Harmon by Adecco USA, Inc..(Cothran, Elizabeth)

PACER
31 March 8, 2006

NOTICE to Take Deposition of Kathleen P. Harmon by Olver Incorporated.(Hobbs, Robert)

PACER
32 March 21, 2006

Minute Entry for proceedings held before Judge Pamela Meade Sargent : Telephone Conference held on 3/21/2006 with counsel regarding possible need to reschedule discovery deposition of witness from 3/22/06. Counsel ordered that witness shall make himself available 3/22/06 or 3/28/06. (Sargent, Pamela)

PACER
33 April 17, 2006

NOTICE by Adecco USA, Inc. of Hearing (Cothran, Elizabeth)

PACER
34 April 18, 2006

NOTICE by Olver Incorporated of Hearing (Hobbs, Robert)

PACER
35 May 4, 2006

MOTION for Summary Judgment by Olver Incorporated. (Hobbs, Robert)

PACER
37 May 4, 2006

MOTION for Summary Judgment by Adecco USA, Inc.. (Bagby, Thomas) Additional attachment(s) added on 5/5/2006 (rkc, ).

PACER
38 May 4, 2006

Brief / Memorandum in Support re 37 MOTION for Summary Judgment filed by Adecco USA, Inc.. (Attachments: # 1 # 2 # 3 # 4 # 5)(Bagby, Thomas) Additional attachment(s) added on 5/5/2006 (rkc, ).

PACER
39 May 4, 2006

Cross MOTION for Partial Summary Judgment on Issue of Joint Liability by Equal Employment Opportunity Commission. Responses due by 5/18/2006 (Caldwell, Stacey)

PACER
40 May 5, 2006

Notice of Correction : Deleted doc #40 (filed as CROSS MOTION for Partial Summary Judgment Memo in Support by Equal Employment Opportunity Commission). Corrected and complete document will be refiled by counsel on 5/8/06. (rkc )

PACER
41 May 8, 2006

Brief / Memorandum in Support re 39 Cross MOTION for Partial Summary Judgment on Issue of Joint Liability filed by Equal Employment Opportunity Commission. (Attachments: # 1 Appendix Index of Exhibits# 2 Exhibit Exh 1− Pt 1− Allen Excerpt# 3 Exhibit Exh 1− Pt 2− Allen Excerpt# 4 Exhibit Exh 1− Pt 3− Allen Excerpt# 5 Exhibit Exh 2− Adecco Handbook Excerpt# 6 Exhibit Exh 3− Commitment Sheet# 7 Exhibit Exh 4− Anti−Harassment Bulletin# 8 Exhibit Exh 5− Pt 1− Weyer Excerpt# 9 Exhibit Exh 5− Pt 2− Weyer Excerpt# 10 Exhibit Exh 6− Weyer Memo# 11 Exhibit Exh 7− Splitt Excerpt# 12 Exhibit Exh 8− Smith Excerpt# 13 Exhibit Exh 9− Pt 1− EEOC Guidance# 14 Exhibit Exh 9− Pt 2− EEOC Guidance# 15 Exhibit Exh 10− Blaylock Excerpt# 16 Exhibit Exh 11− Sallach Excerpt# 17 Exhibit Exh 12− Foreman Excerpt)(Caldwell, Stacey)

PACER
42 May 17, 2006

AMENDED NOTICE of Hearing on 35 MOTION for Summary Judgment, 37 MOTION for Summary Judgment, 39 Cross MOTION for Partial Summary Judgment on Issue of Joint Liability :Hearing on 5/25/2006 RESET at 09:00 AM Roanoke before Judge Samuel G. Wilson.(rkc ) (Entered: 05/18/2006)

PACER
43 May 18, 2006

Brief / Memorandum in Opposition re 39 Cross MOTION for Partial Summary Judgment on Issue of Joint Liability filed by Adecco USA, Inc.. (Attachments: # 1 Declaration of Richard Seamans)(Bagby, Thomas)

PACER
44 May 18, 2006

Brief / Memorandum in Opposition re 37 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 Appendix Index to Exhibits# 2 Exhibit Exh 13− Allen Pt 2# 3 Exhibit Exh 14 A− Weyer Pt 2 A# 4 Exhibit Exh 14 B− Weyer Pt 2 B# 5 Exhibit Exh 14 C− Weyer Pt 2 C# 6 Exhibit Exh 14 D− Weyer Pt 2 D# 7 Exhibit Exh 14 E− Weyer Pt 2 E# 8 Exhibit Exh 15− Smith Pt 2# 9 Exhibit Exh 16− Sallach Pt 2# 10 Exhibit Exh 17− Foreman Pt 2# 11 Exhibit Exh 18− Veltman Excerpt# 12 Exhibit Exh 19− Veltman Email# 13 Exhibit Exh 20− Splitt Pt 2# 14 Exhibit Exh 21− Adecco Cmptr Printout# 15 Exhibit Exh 22− Olver Job Anncmt)(Caldwell, Stacey)

PACER
45 May 18, 2006

Brief / Memorandum in Opposition re 35 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (Caldwell, Stacey)

PACER
46 May 23, 2006

REPLY to Response to Motion re 37 MOTION for Summary Judgment filed by Adecco USA, Inc.. (Attachments: # 1 Exhibit 1 Smith EEOC Affidavit)(Bagby, Thomas)

PACER
48 May 25, 2006

Minute Entry for proceedings held before Judge Samuel G. Wilson : Motion Hearing held on 5/25/2006 re 35 MOTION for Summary Judgment filed by Olver Incorporated,, 37 MOTION for Summary Judgment filed by Adecco USA, Inc. (Court Reporter Judy Webb) (rkc )

PACER
49 May 26, 2006

STIPULATION ORDER REGARDING WITNESS AND EXHIBIT LISTS. Signed by Judge Samuel G. Wilson on 5/26/2006. (mec, )

PACER
50 July 24, 2006

MEMORANDUM OPINION. Signed by Judge Samuel G. Wilson on 07/24/2006. (rkc )

RECAP
51 July 24, 2006

ORDER denying 39 Motion for Partial Summary Judgment, denying 35 Motion for Summary Judgment, granting 37 Motion for Summary Judgment . Signed by Judge Samuel G. Wilson on 07/24/2006. (rkc )

PACER
52 Aug. 1, 2006

NOTICE of Hearing: Jury Trial RESET for October 26−27, 2006 09:00 AM in Roanoke before Judge Samuel G. Wilson. (rkc ) (Entered: 08/02/2006)

PACER
53 Oct. 3, 2006

MOTION in Limine and Supporting Memorandum by Olver Incorporated. (Attachments: # 1 Dickenson deposition excerpt# 2 Splitt deposition excerpt# 3 Smith deposition excerpt)(Hobbs, Robert)

PACER
55 Oct. 12, 2006

Witness List by Equal Employment Opportunity Commission. (Attachments: # 1 Plaintiff's Witness List)(Caldwell, Stacey)

PACER
56 Oct. 12, 2006

Exhibit List by Equal Employment Opportunity Commission.. (Caldwell, Stacey)

PACER
57 Oct. 12, 2006

Witness List by Olver Incorporated. (Hobbs, Robert)

PACER
58 Nov. 6, 2006

RETURN of service of Subpoenas (3) on 10/18/06 (rkc )

PACER
59 Nov. 6, 2006

CONSENT DECREE. Signed by Judge Samuel G. Wilson on 11/06/2006. (Attachments: # 1 Exhibit A − Employee Notice)(rkc )

PACER

Case Details

State / Territory:

Virginia

Case Type(s):

Equal Employment

Special Collection(s):

IWPR/Wage Project Consent Decree Study

Multi-LexSum (in sample)

Key Dates

Filing Date: June 30, 2005

Closing Date: 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of a Black employee from the Virgin Islands who was discharged because of his race and national origin.

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Private Entity/Person

Adecco USA, Inc.

Olver Incorporated

Case Details

Causes of Action:

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

Other Dockets:

Western District of Virginia 7:05-cv-00417

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

Expungement of Employment Record

Implement complaint/dispute resolution process

Neutral/Positive Reference

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Recordkeeping

Reporting

Retaliation Prohibition

Amount Defendant Pays: 15,000

Order Duration: 2006 - 2008

Issues

Discrimination Area:

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Discrimination Basis:

National origin discrimination

Race discrimination

Affected National Origin/Ethnicity(s):

Other

Affected Race(s):

Black

EEOC-centric:

Direct Suit on Merits

Recommended Citation