Case: EEOC v. Marvin Black & Associates

1:00-cv-02551 | U.S. District Court for the Northern District of Georgia

Filed Date: Sept. 29, 2000

Closed Date: Feb. 19, 2005

Clearinghouse coding complete

Case Summary

The EEOC's Atlanta office filed this suit on September 29, 2000 in the U.S. District Court for the Northern District of Georgia, Atlanta Division. The suit alleged that defendant Marvin Black & Associates, LLC violated Title VII by subjecting four employees to sexual harassment and retaliation. The four complainants intervened in the suit. The EEOC, with the intervenors' subsequently joining the motion, filed for summary judgment on May 6, 2002. This motion was denied on November 14, 2002. Soon…

The EEOC's Atlanta office filed this suit on September 29, 2000 in the U.S. District Court for the Northern District of Georgia, Atlanta Division. The suit alleged that defendant Marvin Black & Associates, LLC violated Title VII by subjecting four employees to sexual harassment and retaliation. The four complainants intervened in the suit. The EEOC, with the intervenors' subsequently joining the motion, filed for summary judgment on May 6, 2002. This motion was denied on November 14, 2002. Soon thereafter, on February 2, 2003, a proposed consent decree was filed with the court. The decree was approved and entered into the record on February 19, 2003, ending the case.

The consent decree specifically stated that the defendant was no longer in business and that therefore all injunctive relief mentioned other than the complainant's referral would be applicable only if defendant resumed business in Georgia. The defendant did, however, agree to pay a total of $20,000 to the four complainants. One complainant received $10,000, while the other three received approximately $3,333.33. The potential injunctive relief included appointing a compliance official, providing training to supervisory employees, and reporting complaints to the EEOC.

Summary Authors

Jason Chester (8/8/2007)

People


Judge(s)

Brill, Gerrilyn G. (Georgia)

Documents in the Clearinghouse

Documents in this case

1:00-cv-02551

Docket

Feb. 19, 2003

Feb. 19, 2003

Docket
50

1:00-cv-02551

Consent Decree

Feb. 19, 2003

Feb. 19, 2003

Settlement Agreement

Resources

Docket

Last updated March 26, 2025, 8:29 a.m.

ECF Number Date Description Link
1 Sept. 29, 2000

COMPLAINT filed. Consent form to proceed before U.S. magistrate and pretrial instructions given to attorney; jury demand (bsm) (Entered: 10/02/2000)

PACER
2 Sept. 29, 2000

ANSWERS TO MANDATORY DISCLOSURES by plaintiff (bsm) (Entered: 10/02/2000)

PACER
Sept. 29, 2000

CASE REFERRED to Mag Judge Gerrilyn G. Brill (Calendar sheets forwarded) (bsm) (Entered: 10/02/2000)

PACER
3 Nov. 30, 2000

ANSWER by defendant to complaint [1-1] Discovery ends 4/29/01 (bsm) (Entered: 12/01/2000)

PACER
4 Feb. 16, 2001

Preliminary Statement and Scheduling Order. (to GGB) (bsm) (Entered: 02/16/2001)

PACER
Feb. 20, 2001

SCHEDULING ORDER by Mag Judge Gerrilyn G. Brill with [4-1] preliminary statement (cc) (bsm) (Entered: 02/22/2001)

PACER
5 April 19, 2001

MOTION by plaintiff to intervene as proper party plaintiffs with brief in support and proposed order. (crc) (Entered: 04/23/2001)

PACER
6 April 23, 2001

CONSENT ORDER by Mag Judge Gerrilyn G. Brill, extending discovery. Discovery ends 7/30/01 (cc) (er) (Entered: 04/30/2001)

PACER
April 23, 2001

Proposed Consent order extending time for discovery thru 07/30/01. (to GGB). (crc) (Entered: 04/24/2001)

PACER
May 11, 2001

SUBMITTED to Mag Judge Gerrilyn G. Brill on [5-1] motion to intervene as proper party plaintiffs (bsm) (Entered: 05/11/2001)

PACER
7 May 21, 2001

ORDER by Mag Judge Gerrilyn G. Brill GRANTING [5-1] Egna Diaz, Yosi Martinez, Aracely de la Paz Lopez and Flora Barrios-Galindo's motion to intervene as proper party plas. (cc) (er) (Entered: 05/23/2001)

PACER
8 June 18, 2001

Attorney appearance for plaintiff by Cynthia Leigh Montgomery (lme) (Entered: 06/19/2001)

PACER
9 July 16, 2001

Return of service executed 7/15/01 as to Marvin Black & Assoc on original complaint (bsm) (Entered: 07/19/2001)

PACER
July 24, 2001

Proposed consent order extending discovery (to GGB) (bsm) (Entered: 07/25/2001)

PACER
10 Aug. 1, 2001

CONSENT ORDER by Mag Judge Gerrilyn G. Brill extending discovery, discovery ends 10/28/01 (cc) (bsm) (Entered: 08/02/2001)

PACER
11 Oct. 30, 2001

MOTION by plaintiff to compel defendant to make witness available for deposition with brief in support. (bsm) (Entered: 10/30/2001)

PACER
12 Oct. 31, 2001

MOTION by defendant to extend time for discovery for 30 days with brief in support. (bsm) (Entered: 11/01/2001)

PACER
13 Oct. 31, 2001

MOTION to withdraw by David C. Ates and Harlan Stuart Miller III as attorney for Marvin Black & Assoc with brief in support. (bsm) (Entered: 11/01/2001)

PACER
14 Nov. 13, 2001

MOTION by defendant to extend time to respond to [11-1] motion to compel defendant to make witness available for deposition thru 12/4/1 (crc) (Entered: 11/15/2001)

PACER
Nov. 20, 2001

SUBMITTED to Mag Judge Gerrilyn G. Brill on [12-1] motion to extend time for discovery for 30 days, [13-1] motion to withdraw by David C. Ates and Harlan Stuart Miller III as attorneys for Marvin Black & Assoc and [14-1] motion to extend time to respond to [11-1] motion to compel defendant to make witness available for deposition thru 12/4/1 (bsm) (Entered: 11/20/2001)

PACER
15 Nov. 28, 2001

ORDER by Mag Judge Gerrilyn G. Brill DEFERRING ruling on [11-1] motion to compel defendant to make witness available for deposition, GRANTING [12-1] motion to extend time for discovery for 30 days and extending discovery until 1/31/02 due to defendant's counsel withdrawing, GRANTING [13-1] motion to withdraw by David C. Ates and Harlan Stuart Miller III as attorney for Marvin Black & Assoc, defendant DIRECTED to notify the clerk w/in 20 days of date of this order of appointment of another attorney to represent the company or to represent itself, GRANTING [14-1] motion to extend time to respond to [11-1] motion to compel, extension granted until 1/15/02 (cc) (bsm) (Entered: 11/29/2001)

PACER
Jan. 17, 2002

SUBMITTED to Mag Judge Gerrilyn G. Brill on [11-1] motion to compel defendant to make witness available for deposition (bsm) (Entered: 01/17/2002)

PACER
16 Jan. 25, 2002

ORDER by Mag Judge Gerrilyn G. Brill, GRANTING [11-1] motion to compel defendant to make witness available for deposition, Haine Miller ORDERED to appear for a deposition, GRANTING plaintiff's request for expenses incurred in bringing motion to compel (cc) (bsm) (Entered: 01/28/2002)

PACER
17 Feb. 4, 2002

Itemization of expenses inncurred by plaintiff pursuant to [16-1] order (bsm) (Entered: 02/04/2002)

PACER
18 March 29, 2002

ORDER by Mag Judge Gerrilyn G. Brill, the court previously granted plaintiff's motion for sanctions and awarded reasonable expenses and fees because of defendant's failure to comply with plaintiff's discovery requests, plaintiff AWARDED $1,411.52 fees and costs (cc) (bsm) (Entered: 03/29/2002)

PACER
19 April 9, 2002

MOTION by plaintiff for leave to file motion for sum.jgm. out of time with proposed motion for sum.jgm. (bsm) Modified on 04/11/2002 (Entered: 04/10/2002)

PACER
20 April 9, 2002

Notice of filing discovery by plaintiff, with request to defendant to file discovery (bsm) (Entered: 04/10/2002)

PACER
April 9, 2002

Deposition of ARACELY DE LA PAZ taken for plaintiff (bsm) (Entered: 04/10/2002)

PACER
April 26, 2002

SUBMITTED to Mag Judge Gerrilyn G. Brill on [19-1] motion for leave to file motion for sum.jgm. out of time (bsm) (Entered: 04/26/2002)

PACER
21 May 6, 2002

ORDER by Mag Judge Gerrilyn G. Brill GRANTING [19-1] motion for leave to file motion for sum.jgm. out of time; Clerk is directed to file the attached motion for summary judgment (cc) (ck) (Entered: 05/07/2002)

PACER
22 May 6, 2002

MOTION by Equal Employment for summary judgment with brief, statement of material facts, and relevant deposition excerpts in support. (Notice sent to counsel) (ck) (Entered: 05/07/2002)

PACER
May 6, 2002

Terminated submissions. (ck) (Entered: 05/07/2002)

PACER
23 May 20, 2002

MOTION by intervenor-plaintiffs to join plaintiff's motion for leave to file motion for sum.jgm. and motion for sum.jgm. with brief in support. (bsm) (Entered: 05/28/2002)

PACER
24 May 28, 2002

Attorney appearance for defendant by Timothy Winfred Bailey (bsm) (Entered: 05/28/2002)

PACER
25 May 28, 2002

Joint MOTION to extend time until 6/17/02 to respond to [22-1] motion for summary judgment (to GGB) (bsm) (Entered: 05/28/2002)

PACER
26 May 28, 2002

CONSENT ORDER by Mag Judge Gerrilyn G. Brill GRANTING [25-1] joint motion to extend time until 6/17/02 to respond to [22-1] motion for summary judgment, [22-1] motion for summary judgment to be submitted on 6/19/02 (cc) (bsm) (Entered: 05/30/2002)

PACER
27 June 12, 2002

Unopposed MOTION by defendant to extend time until 8/1/02 to respond to [22-1] motion for summary judgment with brief in support. (to GGB) (bsm) Modified on 06/12/2002 (Entered: 06/12/2002)

PACER
28 June 13, 2002

ORDER by Mag Judge Gerrilyn G. Brill GRANTING [27-1] motion to extend time until 8/1/02 to respond to [22-1] motion for summary judgment, [22-1] motion for summary judgment to be submitted on 8/3/02 (cc) (bsm) (Entered: 06/13/2002)

PACER
30 Aug. 1, 2002

Notice of filing depositions by defendant. (bsm) (Entered: 08/02/2002)

PACER
31 Aug. 1, 2002

Deposition of FLORA BARRIOS-GALINDO taken for defendant (bsm) (Entered: 08/02/2002)

PACER
32 Aug. 1, 2002

Deposition of EDNA DIAZ taken for defendant (bsm) (Entered: 08/02/2002)

PACER
33 Aug. 1, 2002

Deposition of YOSI MARTINEZ taken for defendant (bsm) (Entered: 08/02/2002)

PACER
Aug. 7, 2002

SUBMITTED to Mag Judge Gerrilyn G. Brill on [23-1] motion to join plaintiff's motion for leave to file motion for sum.jgm. and motion for sum.jgm. and [22-1] motion for summary judgment (bsm) (Entered: 08/07/2002)

PACER
34 Aug. 16, 2002

MOTION by plaintiff to strike [29-1] declarations of Haine Miller and Miguel Morales in toto and the inadmissible portions of the declaration of Michael M. Black with brief in support. (bsm) (Entered: 08/19/2002)

PACER
35 Aug. 16, 2002

Reply brief to [22-1] motion for summary judgment . (bsm) (Entered: 08/19/2002)

PACER
36 Aug. 30, 2002

Memorandum by defendant in opposition to [34-1] motion to strike [29- 1] declarations of Haine Miller and Miguel Morales in toto and the inadmissible portions of the declaration of Michael M. Black (bsm) (Entered: 08/30/2002)

PACER
37 Sept. 16, 2002

Reply brief to [34-1] motion to strike [29-1] declarations of Haine Miller and Miguel Morales in toto and the inadmissible portions of the declaration of Michael M. Black by plaintiff. (bsm) (Entered: 09/17/2002)

PACER
Sept. 16, 2002

SUBMITTED to Mag Judge Gerrilyn G. Brill on [34-1] motion to strike [29-1] declarations of Haine Miller and Miguel Morales in toto and the inadmissible portions of the declaration of Michael M. Black (file in chambers) (bsm) (Entered: 09/16/2002)

PACER
38 Sept. 17, 2002

MOTION by plaintiff for leave to file supplemented reply brief in support of motion to strike declarations with proposed supplemented reply brief (bsm) (Entered: 09/17/2002)

PACER
39 Oct. 1, 2002

ORDER & NON-FINAL REPORT AND RECOMMENDATION by Mag Judge Gerrilyn G. Brill GRANTING [23-1] motion to join plaintiff's motion for leave to file motion for sum.jgm. and motion for sum.jgm., GRANTING IN PART AND DENYING IN PART [34-1] motion to strike [29-1] declarations of Haine Miller and Miguel Morales, GRANTING [38-1] motion for leave to file supplemented reply brief in of motion to strike declarations, RECOMMEND DENYING [22-1] motion for summary judgment; if plaintiff wishes to pursue sanctions against defendant, affidavit and supporting argument due w/in 20 days of date of this order, defendant will have 10 days thereafter to respond, with order for service ( Submission of RR due 11/5/02 ) (bsm) (Entered: 10/02/2002)

PACER
40 Oct. 8, 2002

MOTION by plaintiff for sanctions with brief in support. (bsm) (Entered: 10/09/2002)

PACER
41 Oct. 8, 2002

Itemization of expenses incurred in moving for sum.jgm. by plaintiff. (bsm) (Entered: 10/09/2002)

PACER
42 Oct. 15, 2002

Notice of withdrawal of Cynthia L. Montgomery as counsel for plaintiff. (bsm) (Entered: 10/15/2002)

PACER
43 Oct. 28, 2002

Response by defendant in opposition to [40-1] motion for sanctions (bsm) (Entered: 10/29/2002)

PACER
44 Oct. 30, 2002

Certification of Consent to Substitution of Counsel for Equal Employment, Steven Mark Tapper replacing Cynthia Leigh Montgomery and Charles T. Bell (bsm) (Entered: 10/30/2002)

PACER
Nov. 2, 2002

SUBMITTED to Mag Judge Gerrilyn G. Brill on [41-1] file notice of expenses incurred and [40-1] motion for sanctions (bsm) (Entered: 11/02/2002)

PACER
45 Nov. 13, 2002

REPLY by plaintiff to response to [40-1] motion for sanctions (bsm) (Entered: 11/13/2002)

PACER
Nov. 13, 2002

SUBMITTED to Judge G. E. Tidwell on [39-1] report & recommendation and [22-1] motion for summary judgment (bsm) (Entered: 11/13/2002)

PACER
46 Nov. 14, 2002

ORDER by Judge G. E. Tidwell ADOPTING [39-1] report & recommendation as the order of this court DENYING [22-1] motion for summary judgment by Equal Employment (cc) (bsm) (Entered: 11/15/2002)

PACER
47 Jan. 15, 2003

ORDER by Mag Judge Gerrilyn G. Brill, parties ORDERED to file proposed consolidated pretrial order w/in 10 days of receipt of this order , [47-1] order to be submitted on 2/13/03 if pretrial order not received (cc) (bsm) (Entered: 01/16/2003)

PACER
48 Jan. 27, 2003

Joint MOTION to extend time to file pretrial order with proposed order (to GGB) (bsm) (Entered: 01/28/2003)

PACER
49 Jan. 30, 2003

CONSENT ORDER by Mag Judge Gerrilyn G. Brill GRANTING [48-1] joint motion to extend time to file pretrial order, pre-trial order due on 2/7/03 (cc) (bsm) (Entered: 01/31/2003)

PACER
Feb. 7, 2003

Proposed pre-trial order received (to GGB) (ck) (Entered: 02/10/2003)

PACER
Feb. 13, 2003

Proposed consent decree by plaintiff Equal Employment, and defendant Marvin Black & Assoc. (to GET) (slc) (Entered: 02/14/2003)

PACER
50 Feb. 19, 2003

CONSENT DECREE in settlement & compromise of disputed claims of alleged retaliation. Defendant, in settlement, shall provide Plaintiff- Intervenors a total of $20,000.00, divided as follows: $10,000.00 to Egna Diaz; $3,333.34 to Yosi Martinez; $3,333.33 to Aracely De La Paz Lopez; and $3,333.33 to Flora Barrios-Galindo. Payment is to be maid in one cashier's check to Hinton & Powell & the plaintiff-intervenors on or before 2/17/03. (cc) (ck) (Entered: 02/24/2003)

Clearinghouse
Feb. 19, 2003

Case terminated. (ck) (Entered: 02/24/2003)

PACER
Feb. 19, 2003

Terminated submissions. (ck) (Entered: 02/24/2003)

PACER
Feb. 19, 2003

Completed referral to Mag Judge Gerrilyn G. Brill (ck) (Entered: 02/24/2003)

PACER

Case Details

State / Territory:

Georgia

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 29, 2000

Closing Date: Feb. 19, 2005

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

Marvin Black & Associates

Case Details

Causes of Action:

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

Other Dockets:

Northern District of Georgia 1:00-cv-02551

Available Documents:

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:

Discrimination Prohibition

Monitoring

Neutral/Positive Reference

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Retaliation Prohibition

Amount Defendant Pays: 20000

Order Duration: 2003 - 2005

Issues

Discrimination Area:

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination Basis:

Sex discrimination

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit

Recommended Citation