Case: EEOC v. Tri-State Plumbing, Heating & Air conditioning Contractors

2:05-cv-02717 | U.S. District Court for the Western District of Tennessee

Filed Date: Sept. 29, 2005

Closed Date: 2011

Clearinghouse coding complete

Case Summary

On September 29, 2005, the Memphis District Office of the Equal Employment Opportunity Commission (EEOC) filed a complaint in the U.S. District Court for the Western District of Tennessee. The EEOC sued Tri-State Plumbing, Heating & Air Conditioning Contractors, Inc. ("Tri-State"); United Association Of Plumbers, Pipefitters and Sprinklerfitters Plumbers, Local Union No. 17 (Local No. 17); and United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the Unit…

On September 29, 2005, the Memphis District Office of the Equal Employment Opportunity Commission (EEOC) filed a complaint in the U.S. District Court for the Western District of Tennessee. The EEOC sued Tri-State Plumbing, Heating & Air Conditioning Contractors, Inc. ("Tri-State"); United Association Of Plumbers, Pipefitters and Sprinklerfitters Plumbers, Local Union No. 17 (Local No. 17); and United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL-CIO ("United Association"). The case was assigned to Judge J. Daniel Breen. The complaint alleged racial and sex discrimination in violation of Title VII of the Civil Rights Act of 1964, and violations of equal protection rights under the Fourteenth Amendment. Specifically, it alleged that the employer Tri-State, a construction firm, subjected a group of African-American employees--seven male, one female--to multiple forms of racial discrimination, culminating in their dismissal once they complained; it also alleged that the female employee was additionally discriminated against due to her gender. The complaint also said that the local plumber's union failed to represent the workers because of their race and denied them work referrals because they complained of discrimination. The EEOC sought monetary and injunctive relief for the employees.

The employees all worked on the FedEx Forum arena construction site in Memphis, Tennessee from 2003 to 2004, where they said their co-workers made racially derogatory comments towards them and drew racist graffiti. Their employer allegedly assigned them the most dangerous tasks due to their race, and denied them the opportunity to work overtime while allowing the same to their white colleagues. They complained to their local union in May 2004, but they said that the union rather than advocating for them, alerted Tri-State, who subsequently fired them that June in retaliation. In the months that followed, the union's business manager allegedly told them there was no work, yet other union members who had not complained were being referred to jobs. They filed a formal charge against both Tri-State and the local union with the EEOC (the exact date is unclear based on the available documents from the case). After an investigation, the EEOC concluded that there was reasonable cause to believe that they had been unlawfully discriminated against. Negotiations between the EEOC and Tri-State to reach a conciliation agreement were ultimately unsuccessful, leading the EEOC to file this lawsuit.

The eight employees moved to intervene as plaintiffs on December 2, 2005. Although the precise reasons for their motion could not be confirmed from the available documents in the case, their motion was granted by Magistrate Judge Tu M. Pham on January 6, 2006. They filed their own complaint on March 8, 2006, largely reiterating the same allegations from that filed by the EEOC.

United Association filed a motion to dismiss on March 13, 2006; it argued that the intervening plaintiffs allegations, if true, failed to establish either that Local No. 17 was acting as its agent or that the plaintiffs exhausted all their administrative remedies before filing suit. United also filed an answer to the intervening plaintiffs' complaint that same day denying their pertinent allegations in full.

On May 12, 2006 the intervening plaintiffs filed their response rebutting each of United's principal arguments. They also indicated their intention to file an amended complaint that would clarify their specific complaints against United, and did just that on July 12; the amended complaint added more detail about Local No. 17's agency relationship with United and about their actions before contacting the EEOC.

Tri-State filed its own motion to dismiss on Sept. 14, 2006, this one responding to both the intervening plaintiff's and the EEOC's complaints. Tri-State alleged that the EEOC and the intervening plaintiffs' attorney conspired to ensure the failure of conciliation efforts, and that such bad faith activity was fatal to the lawsuit.

District Judge J. Daniel Breen denied United Association's motion to dismiss on February 27, 2007 and Tri-State's on August 21. Judge Breen noted that none of the cases relied on by United Association in its motion were directly applicable to the precise issue raised in this case. 2007 WL 649088. As for Tri-State, he found that its assertions that the EEOC negotiated in bad faith was largely contradicted by correspondence between the two parties in the run-up to the EEOC's filing of the lawsuit. 502 F. Supp. 2d 767.

For the next few months, the parties undertook discovery. On May 21, 2008 the case was reassigned to Judge S. Thomas Anderson, a newly appointed district court judge.

On November 5, 2008, the court approved a consent decree between the defendants, the EEOC, and all but one of the intervening plaintiffs. Among its provisions, the decree required Tri-State and the Local Union to update their anti-discrimination policies and provide anti-discrimination trainings to their members. Tri-State and the Local Union also agreed to pay a total of $360,000 to be distributed among the intervening plaintiffs as directed by their counsel and the EEOC. The consent decree was to last for three years, during which the court would retain jurisdiction for enforcement. Two weeks after the consent decree was entered, the EEOC and seven of the eight intervening plaintiffs voluntarily dismissed their claims. Discovery then continued with all defendants and the one remaining plaintiff representing himself pro se.

On September 10, 2010, the defendants filed a motion to compel discovery and sanction Hunt for failing to attend his deposition. The plaintiff filed no response to the motion, and the court granted the defendants’ motion on October 12. The defendants rescheduled the deposition, but Hunt again failed to show up without notice. After Hunt did not respond to the defendants' motion to dismiss on October 29, the court finally dismissed the case on December 3.

The consent decree expired in 2011, and the case is now closed.

Summary Authors

Kevin Wilemon (8/4/2008)

Rebecca Strauss (7/5/2018)

Alexander Walling (8/17/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4672861/parties/equal-employment-opportunity-commission-v-tri-state-plumbing-heating/


Judge(s)

Anderson, S. Thomas (Tennessee)

Breen, J. Daniel (Tennessee)

Attorney for Plaintiff

Cooper, Ronald S. (District of Columbia)

Attorney for Defendant

Beard, Craig M. (Tennessee)

Femia, Nicholas R. (District of Columbia)

Expert/Monitor/Master/Other

Documents in the Clearinghouse

Documents in this case

2:05-cv-02717

Docket (PACER)

EEOC v. Tri-State Plumbing, Heating & Air Conditioning Contractors, Inc.

Dec. 14, 2010

Dec. 14, 2010

Docket
14-1

2:05-cv-02717

Intervenors' Complaint

EEOC v. Tri-State Plumbing, Heating & Air Conditioning Contractors, Inc.

March 8, 2006

March 8, 2006

Complaint
41

2:05-cv-02717

Intervenors' First Amended Complaint

EEOC v. Tri-State Plumbing, Heating & Air Conditioning Contractors, Inc.

July 12, 2006

July 12, 2006

Complaint
66

2:05-cv-02717

Order Denying Motion to Dismiss [...]

EEOC v. Tri-State Plumbing, Heating & Air Conditioning Contractors, Inc.

Feb. 27, 2007

Feb. 27, 2007

Order/Opinion

2007 WL 649088

70

2:05-cv-02717

Order Denying Motion to Dismiss of Defendant Tri-State Plumbing, Heating & Air Conditioning Contractors, Inc.

EEOC v. Tri-State Plumbing, Heating & Air Conditioning Contractors, Inc.

Aug. 21, 2007

Aug. 21, 2007

Order/Opinion

502 F.Supp.2d 767

87

2:05-cv-02717

Consent Decree

EEOC v. Tri-State Plumbing, Heating & Air Conditioning

Nov. 5, 2008

Nov. 5, 2008

Order/Opinion
119

2:05-cv-02717

Order of Dismissal

Hunt v. Tri-State Plumbing, Heating & Air Conditioning

Dec. 2, 2010

Dec. 2, 2010

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4672861/equal-employment-opportunity-commission-v-tri-state-plumbing-heating/

Last updated April 5, 2025, 10:41 a.m.

ECF Number Date Description Link
1 Sept. 29, 2005

COMPLAINT FOR VIOLATION OF CIVIL RIGHTS PURSUANT TO TITLE VII OF THE CIVIL RIGHTS ACT against all defendants , filed by Equal Employment Opportunity Commission.(fsh, ) (Entered: 09/29/2005)

PACER
2 Dec. 1, 2005

SETTING LETTER: Scheduling Conference set for 1/12/2006 10:15 AM before Tu M. Pham. (ehg, ) (Entered: 12/02/2005)

PACER
3 Dec. 2, 2005

MOTION to Intervene w/attached Intervenors' Complaint by Donnell Addison, Karen Alexander, Eddie Anderson, Keith Clark, Billy Herring, Kendrick Hunt, Roy Oliver, Fred Wiggins. (ehg, ) (Entered: 12/05/2005)

PACER
4 Dec. 2, 2005

MEMORANDUM in Support re 3 MOTION to Intervene filed by Donnell Addison, Karen Alexander, Eddie Anderson, Keith Clark, Billy Herring, Kendrick Hunt, Roy Oliver, Fred Wiggins. (ehg, ) (Entered: 12/05/2005)

PACER
5 Dec. 5, 2005

ANSWER to Complaint by Tri−State Plumbing, Heating & Air Conditioning Contractors, Inc..(ehg, ) (Entered: 12/06/2005)

PACER
6 Dec. 6, 2005

ORDER OF REFERENCE: REFERRING 3 MOTION to Intervene filed by Eddie Anderson,, Donnell Addison,, Karen Alexander,, Keith Clark,, Billy Herring,, Kendrick Hunt,, Roy Oliver,, Fred Wiggins,..for determination.. Signed by Judge J. Daniel Breen. (ehg, )

RECAP
7 Dec. 8, 2005

ANSWER to Complaint by United Association Of Plumbers, Pipefitters and Sprinklefitters, Plumber's Local Union No. 17.(ehg, ) (Entered: 12/09/2005)

PACER
8 Dec. 16, 2005

SETTING LETTER: Scheduling Conference set for 1/5/2006 10:15 AM before Tu M. Pham. (ehg, ) (Entered: 12/16/2005)

PACER
9 Dec. 21, 2005

REPORT of Rule 26(f) Planning Meeting. (ehg, ) (Entered: 12/22/2005)

PACER
10 Dec. 23, 2005

SCHEDULING ORDER: Initial disclosures due 1/12/06. Amended Pleadings due by 3/6/2006. Discovery due by 1/5/2007. Joinder of Parties due by 3/6/2006. Initial Motions to dismiss due by 4/5/2006. Dispositive motions due 2/5/07. Case set for jury trial (3-4 wks). Pretrial order, pretrial conference and trial dates will be set by presiding judge. Parties are to engage in ADR prior to close of discovery. Parties have not consented to proceed before magistrate judge. Absent good cause shown, dates set by this order will not be modified or extended. Signed by Judge Tu M. Pham. (jae, )

RECAP
11 Dec. 28, 2005

SETTING LETTER: Jury Trial set for 5/21/2007 09:30 AM in Courtroom 1 − Memphis before J. Daniel Breen. Pretrial Conference set for 5/14/2007 09:00 AM in Courtroom 1 − Memphis before J. Daniel Breen. Proposed Joint Pretrial Order due 5/7/07.(jae, ) (Entered: 12/29/2005)

PACER
Dec. 28, 2005

Set/Reset Deadlines: Proposed Pretrial Order due by 5/7/2007. (jae, ) (Entered: 12/29/2005)

PACER
13 March 6, 2006

Answer To Intervenors' Complaint ANSWER to Complaint by Tri−State Plumbing, Heating & Air Conditioning Contractors, Inc..(Velander, David) (Entered: 03/06/2006)

PACER
14 March 8, 2006

INTERVENOR COMPLAINT Western division Donnell Addison, et al v. Tri−State Plumbing, Heating & Air Conditioning Contractors, Inc. et al Intervenor's Complaint . (Attachments: # 1 Previously "Filed" stamped Intervenor's Complaint)(Marshall, Michael) Modified on 3/9/2006 (ehg, ). (Entered: 03/08/2006)

PACER
15 March 13, 2006

ANSWER to Complaint of Intervenors by United Association Of Plumbers, Pipefitters and Sprinklefitters, Plumber's Local Union No. 17.(Taylor, Timothy) (Entered: 03/13/2006)

PACER
16 March 13, 2006

MOTION to Dismiss Intervenors' Complaint by United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL−CIO. Responses due by 4/12/2006 (Taylor, Timothy) (Entered: 03/13/2006)

PACER
17 March 13, 2006

MEMORANDUM in Support re 16 MOTION to Dismiss Intervenors' Complaint filed by United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL−CIO. (Attachments: # 1 Unpublished case# 2 Unpublished Case# 3 Unpublished Case# 4 Unpublished Case# 5 # 6 Unpublished Case# 7 Unpublished Case)(Taylor, Timothy) (Entered: 03/13/2006)

PACER
18 March 13, 2006

AFFIDAVIT in Support re 17 Memorandum in Support of Motion, Affidavit of Timothy Taylor by United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL−CIO. (Taylor, Timothy) (Entered: 03/13/2006)

PACER
19 March 14, 2006

DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 17 Memorandum in Support of Motion, filed by United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL−CIO,, 16 MOTION to Dismiss Intervenors' Complaint filed by United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL−CIO,, 18 Affidavit in Support filed by United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL−CIO, has been filed. However, the following deficiency has been found: Documents filed separately..FYI: A memorandum, exhibit, or additional documents filed with your "motion" will be an attachment. Refer to the Attorney User Manuel. No corrective action necessary at this time. (ehg, ) (Entered: 03/14/2006)

PACER
20 March 17, 2006

MOTION for Leave to Appear Pro Hac Vice (proposed Order submitted) by United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL−CIO. (Attachments: # 1 Exhibit Certificate of Good Standing)(Taylor, Timothy) (Entered: 03/17/2006)

PACER
21 March 21, 2006

ORDER granting 20 Motion for Leave to Appear Pro Hac Vice. Signed by Judge J. Daniel Breen on 03/21/06. (Breen, J.) (Entered: 03/21/2006)

PACER
22 March 28, 2006

MOTION to Substitute Attorney (Proposed Order submitted) by Equal Employment Opportunity Commission. (Rapport, Adele) (Entered: 03/28/2006)

PACER
23 March 28, 2006

ORDER granting 22 Motion to Substitute Attorney. Added attorney Adele Rapport for Equal Employment Opportunity Commission. Attorney Katherine W. Kores terminated. Signed by Judge J. Daniel Breen on 03/28/06.(Breen, J.) Modified on 3/29/2006 (ehg, ). (Entered: 03/28/2006)

PACER
24 April 7, 2006

First MOTION for Extension of Time to File Response/Reply to Motion to Dismiss by Donnell Addison, Karen Alexander, Eddie Anderson, Keith Clark, Billy Herring, Kendrick Hunt, Roy Oliver, Fred Wiggins. (Attachments: # 1 Memorandum in Support of Motion to Extend Time to Respond to Motion to Dismiss# 2 Order Granting Motion to Extend Time to Respond to Motion to Dismiss)(Marshall, Michael) (Entered: 04/07/2006)

PACER
26 May 12, 2006

RESPONSE in Opposition re 16 MOTION to Dismiss Intervenors' Complaint filed by Donnell Addison, Karen Alexander, Eddie Anderson, Keith Clark, Billy Herring, Kendrick Hunt, Roy Oliver, Fred Wiggins. (Attachments: # 1 Memorandum in Opposition to Defendant United Association's Motion to Dismiss# 2 Exhibit A to Memorandum in Opposition to Defendant United Association's Motion to Dismiss)(Marshall, Michael) (Entered: 05/12/2006)

PACER
27 May 12, 2006

RESPONSE in Opposition re 16 MOTION to Dismiss Intervenors' Complaint Motion in Opposition to Defendant United Association's Motion to Dismiss filed by Donnell Addison, Karen Alexander, Eddie Anderson, Keith Clark, Billy Herring, Kendrick Hunt, Roy Oliver, Fred Wiggins. (Attachments: # 1 Memorandum in Opposition to Defendant United Association's Motion to Dismiss# 2 Exhibit A to Memorandum in Opposition to Defendant United Association's Motion to Dismiss)(Marshall, Michael) [NOTE to File: This document is a duplicate of document #26] Modified on 5/15/2006 (ehg, ). (Entered: 05/12/2006)

PACER
28 May 24, 2006

MOTION for Leave to File Reply to Intervening Plaintiffs' Opposition to Motion to Dismiss (proposed Order submitted) by United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL−CIO. (Attachments: # 1 Exhibit Reply to Intervening Plaintiffs' Opposition to Motion to Dismiss)(Taylor, Timothy) (Entered: 05/24/2006)

PACER
29 May 24, 2006

ORDER Granting 28 Motion for Leave to File Reply Memorandum in Support of Motion to Dismiss Filed by Defendant United Association. Signed by Judge J. Daniel Breen on 5/24/06. (Breen, J.) (Entered: 05/24/2006)

PACER
30 May 25, 2006

REPLY to Response to Motion re 16 MOTION to Dismiss Intervenors' Complaint filed by United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL−CIO. (Taylor, Timothy) (Entered: 05/25/2006)

PACER
31 June 5, 2006

ORDER. Signed by Judge J.Daniel Breen on 06/05/06. (Breen, J.) (Entered: 06/05/2006)

PACER
32 June 16, 2006

[Duplicate; See filed Document #34] First MOTION to Amend/Correct Complaint, and Certificate of Consult by Donnell Addison, Karen Alexander, Eddie Anderson, Keith Clark, Billy Herring, Kendrick Hunt, Roy Oliver, Fred Wiggins. (Attachments: # 1 Exhibit 1 First Amended Complaint)(Marshall, Michael) Modified on 6/19/2006 (ehg, ). (Entered: 06/16/2006)

PACER
33 June 16, 2006

[Duplicate; See Filed Document #34] AMENDED COMPLAINT against United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL−CIO, Tri−State Plumbing, Heating & Air Conditioning Contractors, Inc., United Association Of Plumbers, Pipefitters and Sprinklefitters, Plumber's Local Union No. 17, filed by Donnell Addison, Karen Alexander, Eddie Anderson, Keith Clark, Billy Herring, Kendrick Hunt, Roy Oliver, Fred Wiggins. (Marshall, Michael) Modified on 6/19/2006 (ehg, ). (Entered: 06/16/2006)

PACER
34 June 16, 2006

First MOTION to Amend/Correct the Compliant by Donnell Addison, Karen Alexander, Eddie Anderson, Keith Clark, Billy Herring, Kendrick Hunt, Roy Oliver, Fred Wiggins. (Attachments: # 1 Exhibit 1 First Amended Complaint# 2 Memorandum in support of Motion to Amend Complaint)(Marshall, Michael) (Entered: 06/16/2006)

PACER
35 June 16, 2006

AFFIDAVIT of Intent to Perform Discovery of Michael R. Marshall by Donnell Addison, Karen Alexander, Eddie Anderson, Keith Clark, Billy Herring, Kendrick Hunt, Roy Oliver, Fred Wiggins. (Attachments: # 1 Exhibit A to Affidavit of Intent to Perform Discovery# 2 Exhibit B to Affidavit of Intent to Perform Discovery)(Marshall, Michael) (Entered: 06/16/2006)

PACER
36 June 16, 2006

AMENDED DOCUMENT by Donnell Addison, Karen Alexander, Eddie Anderson, Keith Clark, Billy Herring, Kendrick Hunt, Roy Oliver, Fred Wiggins. Amendment to 34 First MOTION to Amend/Correct the Compliant Order Emailed to Judge Breen .

PACER
38 June 19, 2006

DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 33 Amended Complaint, filed by Eddie Anderson,, Donnell Addison,, Karen Alexander,, Keith Clark,, Billy Herring,, Kendrick Hunt,, Roy Oliver,, Fred Wiggins, has been filed. However, the following deficiency has been found: Document filed and event used does not match. This is a duplicate of document #34. (ehg, ) (Entered: 06/19/2006)

PACER
39 June 19, 2006

COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 36 Amended Document, filed by Eddie Anderson,, Donnell Addison,, Karen Alexander,, Keith Clark,, Billy Herring,, Kendrick Hunt,, Roy Oliver,, Fred Wiggins, has been filed. For future reference, please note ALL proposed orders should be e−mailed to the judge and not entered on ECF.. Filer is not required to resubmit document. (ehg, ) (Entered: 06/19/2006)

PACER
40 July 10, 2006

ORDER granting 34 Intervening Plaintiffs' Motion to Amend Complaint. Plaintiffs shall file the amended complaint w/i 3 days from the date of this order, with service on all parties. Signed by Judge Tu M. Pham on 7/10/06. (Pham, Tu) (Entered: 07/10/2006)

PACER
41 July 12, 2006

Intervenors' First AMENDED COMPLAINT against United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL−CIO, Tri−State Plumbing, Heating & Air Conditioning Contractors, Inc., United Association Of Plumbers, Pipefitters and Sprinklefitters, Plumber's Local Union No. 17, filed by Donnell Addison, Karen Alexander, Eddie Anderson, Keith Clark, Billy Herring, Kendrick Hunt, Roy Oliver, Fred Wiggins. (Marshall, Michael) Modified on 7/31/2006 (ehg, ). (Entered: 07/12/2006)

PACER
42 July 31, 2006

MOTION to Substitute Attorney Proposed Order Submitted , MOTION to Withdraw as Attorney Proposed Order Submitted by Equal Employment Opportunity Commission. (Owen, Carson) (Entered: 07/31/2006)

PACER
43 July 31, 2006

ORDER granting 42 Plaintiff EEOC's Motion to Withdraw and Substitute Counsel. Adele Rapport GRANTED leave to withdraw as counsel for EEOC and Faye Williams to be substituted as counsel . Signed by Judge Tu M. Pham on 7/31/06. (Pham, Tu) (Entered: 07/31/2006)

PACER
44 Aug. 2, 2006

ANSWER to Amended Complaint of Intervening Plaintiffs by United Association Of Plumbers, Pipefitters and Sprinklefitters, Plumber's Local Union No. 17.(Taylor, Timothy) (Entered: 08/02/2006)

PACER
45 Aug. 11, 2006

MOTION to Dismiss Intervenors' Amended Complaint by United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL−CIO. Responses due by 9/11/2006 (Taylor, Timothy) (Entered: 08/11/2006)

PACER
46 Aug. 11, 2006

MEMORANDUM in Support re 45 MOTION to Dismiss Intervenors' Amended Complaint filed by United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL−CIO. (Taylor, Timothy) (Entered: 08/11/2006)

PACER
47 Aug. 17, 2006

ANSWER to Amended Complaint by Tri−State Plumbing, Heating & Air Conditioning Contractors, Inc..(Velander, David) (Entered: 08/17/2006)

PACER
48 Sept. 14, 2006

MOTION to Dismiss by Tri−State Plumbing, Heating & Air Conditioning Contractors, Inc.. (Velander, David) (Entered: 09/14/2006)

PACER
49 Sept. 14, 2006

MEMORANDUM in Support re 48 MOTION to Dismiss filed by Tri−State Plumbing, Heating & Air Conditioning Contractors, Inc.. (Attachments: # 1 Affidavit of David A. Velander)(Velander, David) Modified text on 9/15/2006 (ehg, ). (Entered: 09/14/2006)

PACER
51 Oct. 6, 2006

NOTICE of Appearance by Kevin Hunter Sharp on behalf of Donnell Addison, Karen Alexander, Eddie Anderson, Keith Clark, Billy Herring, Kendrick Hunt, Roy Oliver, Fred Wiggins (Sharp, Kevin) (Entered: 10/06/2006)

PACER
52 Oct. 12, 2006

RESPONSE in Opposition re 48 MOTION to Dismiss filed by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in Support of EEOC's Motion to Dismiss# 2 Affidavit of Audrey Bonner# 3 Exhibit List to Affidavit of Audrey Bonner# 4 Exhibit A# 5 Exhibit (Collective) B# 6 Exhibit (Collective) C# 7 Exhibit D# 8 Exhibit E# 9 Exhibit (Collective) F# 10 Exhibit (Collective) G# 11 Affidavit of Timothy Williams# 12 Exhibit List to Affidavit of Timothy Williams# 13 Exhibit A# 14 Exhibit B# 15 Exhibit C# 16 Exhibit D# 17 Unreported Case − EEOC v. Mike Fink# 18 Unreported Case − EEOC v. Spectrum Health# 19 Unreported Case − EEOC v. VME Americas# 20 Unreported Case − EEOC v. Shelbyville Mixing Center# 21 Unreported Case − EEOC v. Cone Solvents# 22 Unreported Case − EEOC v. Norvell Wallace# 23 Unreported Case − EEOC v. Kaiser Foundation Health)(Owen, Carson) (Entered: 10/12/2006)

PACER
53 Oct. 13, 2006

NOTICE by Equal Employment Opportunity Commission re 52 Response in Opposition to Motion,,, of Filing Omitted Exhibit M (Owen, Carson) (Entered: 10/13/2006)

PACER
54 Oct. 13, 2006

COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 53 Notice (Other) filed by Equal Employment Opportunity Commission, has been filed. For future reference, please note: Event to use should have been "Notice of Correction", because of Exhibit being omitted. The docket text has been corrected. Filer is not required to resubmit document. (ehg, ) (Entered: 10/13/2006)

PACER
55 Oct. 16, 2006

ORDER TO SHOW CAUSE Why the Motion of the Defendant, United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL−CIO, to Dismiss the Intervenors' Amended Complaint Shoud Not be Granted; Show Cause Response due by 10/30/2006. Signed by Judge J. Daniel Breen on 10/16/06. (Breen, J.) (Entered: 10/16/2006)

PACER
56 Oct. 16, 2006

RESPONSE in Opposition re 48 MOTION to Dismiss Intervening Plaintiffs' Response in Opposition to Tri−State Plumbings Motion to Dismiss filed by Donnell Addison, Karen Alexander, Eddie Anderson, Keith Clark, Billy Herring, Kendrick Hunt, Roy Oliver, Fred Wiggins. (Marshall, Michael) (Entered: 10/16/2006)

PACER
57 Oct. 27, 2006

RESPONSE to Motion re 16 MOTION to Dismiss Intervenors' Complaint Response to United Association's Motion to Dismiss Intervenors Amended Complaint filed by Donnell Addison, Karen Alexander, Eddie Anderson, Keith Clark, Billy Herring, Kendrick Hunt, Roy Oliver, Fred Wiggins. (Marshall, Michael) (Entered: 10/27/2006)

PACER
58 Nov. 3, 2006

Joint MOTION to Set Aside Scheduling Order (proposed order submitted) by Donnell Addison, Karen Alexander, Eddie Anderson, Keith Clark, Billy Herring, Kendrick Hunt, Equal Employment Opportunity Commission, Roy Oliver, Fred Wiggins, United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL−CIO, Tri−State Plumbing, Heating & Air Conditioning Contractors, Inc., United Association Of Plumbers, Pipefitters and Sprinklefitters, Plumber's Local Union No. 17. (Taylor, Timothy) (Entered: 11/03/2006)

PACER
59 Nov. 3, 2006

MOTION to Stay Discovery (proposed order submitted) by United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL−CIO. (Taylor, Timothy) (Entered: 11/03/2006)

PACER
60 Nov. 3, 2006

MEMORANDUM in Support re 59 MOTION to Stay Discovery (proposed order submitted) filed by United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL−CIO. (Taylor, Timothy) (Entered: 11/03/2006)

PACER
61 Nov. 14, 2006

ORDER Granting 58 Joint Motion to Suspend Scheduling Order . Signed by Judge J. Daniel Breen on 11/14/06. (Breen, J.) (Entered: 11/14/2006)

PACER
63 Dec. 5, 2006

MOTION for Leave to File Reply Memorandum (proposed order submitted) by United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL−CIO. (Attachments: # 1 Exhibit 1 − Proposed Reply Memorandum)(Taylor, Timothy) (Entered: 12/05/2006)

PACER
64 Dec. 5, 2006

ORDER Granting 63 Motion for Leave to File a Reply Memorandum in Support of Motion to Dismiss Amended Complaint Filed by Defendant United Association . Signed by Judge J. Daniel Breen on 12/5/06. (Breen, J.) (Entered: 12/05/2006)

PACER
65 Feb. 14, 2007

REPLY to Response to Motion re 45 MOTION to Dismiss Intervenors' Amended Complaint filed by United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL−CIO. (Taylor, Timothy) (Entered: 02/14/2007)

PACER
66 Feb. 27, 2007

ORDER denying 45 Motion to Dismiss the Intervenors' Amended Complaint. Signed by Judge J. Daniel Breen on 02/27/07. (Breen, J.).

RECAP
67 March 13, 2007

MOTION for Extension of Time to File Answer Proposed Order Submitted by United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL−CIO. (Attachments: # 1 Certificate of Consultation # 2 Memorandum In Support of Motion for Extension)(Taylor, Timothy) (Entered: 03/13/2007)

PACER
68 March 13, 2007

ORDER Granting 67 Defendant United Association's Motion for Extension of Time in Which to File a Responsive Pleading; due 3/27/07. Signed by Judge J. Daniel Breen on 3/13/07. (Breen, J.) (Entered: 03/13/2007)

PACER
69 March 27, 2007

ANSWER to Amended Complaint by United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL−CIO.(Taylor, Timothy) (Entered: 03/27/2007)

PACER
70 Aug. 21, 2007

ORDER denying 48 Motion to Dismiss of Defendant Tri-State Plumbing, Heating & Air Conditioning Contractors, Inc. Signed by Judge J. Daniel Breen on 8/21/07. (Breen, J.)

RECAP
71 Oct. 10, 2007

MOTION for Scheduling Conference (Proposed Order Submitted) by Equal Employment Opportunity Commission. (Owen, Carson) (Entered: 10/10/2007)

PACER
72 Oct. 10, 2007

ORDER REFERRING MOTION: 71 MOTION for Scheduling Conference filed by Equal Employment Opportunity Commission, this matter is referred to Magistrate Judge Tu Pham for the purpose of conducting a scheduling conference. Signed by Judge J. Daniel Breen on 10/10/07. (Breen, J.) (Entered: 10/10/2007)

PACER
73 Oct. 11, 2007

SETTING LETTER: Scheduling Conference set for 10/25/2007 at 9:30 AM in Courtroom 6 − Memphis before Magistrate Judge Tu M. Pham. (bdg) (Entered: 10/11/2007)

PACER
74 Oct. 23, 2007

SCHEDULING ORDER: Discovery due by 6/30/2008, Dispositive Motions due by 8/1/2008. Jury trial expected to last 3−4 weeks. The Scheduling Conference set for 10/25/07 is canceled. Signed by Magistrate Judge Tu M. Pham on 10/23/07. (Pham, Tu) (Entered: 10/23/2007)

PACER
75 Nov. 15, 2007

SETTING LETTER: Jury Trial set for 11/3/2008 09:30 AM before Unassigned District Judge. Pretrial Conference set for 10/27/2008 01:30 PM before Unassigned District Judge. Proposed Joint Pretrial Order due 10/20/2008. (tpe, ) (Entered: 11/15/2007)

PACER
76 Jan. 30, 2008

REQUEST for Production of Documents by Donnell Addison, Karen Alexander, Eddie Anderson, Keith Clark, Billy Herring, Kendrick Hunt, Roy Oliver, Fred Wiggins.(Marshall, Michael) (Entered: 01/30/2008)

PACER
77 Feb. 1, 2008

DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 76 Request for Production of Documents filed by Billy Herring, Fred Wiggins, Karen Alexander, Donnell Addison, Eddie Anderson, Kendrick Hunt, Keith Clark, Roy Oliver has been filed. However, the following deficiency has been found: Interrogatories, Requests for Admissions, Requests for Production and the responses to same, are served on opposing counsel and NOT FILED with the Court until used in the proceeding or the court orders filing. LR26.1. The filer is not required to correct or re−file the document. Any questions, please call the HelpDesk. (ehg, ) (Entered: 02/01/2008)

PACER
78 May 21, 2008

ORDER REASSIGNING CASE. Case reassigned to Judge S. Thomas Anderson for all further proceedings. Judge J. Daniel Breen no longer assigned to case. Signed by Judge J. Daniel Breen on 5/21/08. (jae, ) (Entered: 05/22/2008)

PACER
79 June 13, 2008

Joint MOTION for Protective Order Proposed Order Submitted by Equal Employment Opportunity Commission. (Attachments: # 1 Certificate of Consultation)(Owen, Carson) (Entered: 06/13/2008)

PACER
80 June 13, 2008

ORDER granting 79 Motion for Protective Order. Signed by Judge S. Thomas Anderson on 6/13/2008. (Anderson, S.) (Entered: 06/13/2008)

PACER
81 June 30, 2008

Joint MOTION to Continue Case Deadlines (Proposed Order submitted) by Equal Employment Opportunity Commission. (Owen, Carson) (Entered: 06/30/2008)

PACER
82 July 1, 2008

AMENDED SCHEDULING ORDER. ORDER granting 81 Motion to Continue. Signed by Judge S. Thomas Anderson on 7/1/08. (Anderson, S.) (Entered: 07/01/2008)

PACER
July 1, 2008

Set/Reset Scheduling Order Deadlines: Discovery due by 4/17/2009. Filing Dispositive Motions 5/22/2009. (ehg, ) (Entered: 07/01/2008)

PACER
83 July 7, 2008

SETTING LETTER: Jury Trial reset for 8/24/2009 09:30 AM in Courtroom 4 − Memphis before Judge S. Thomas Anderson; Pretrial Conference set for 8/10/2009 09:00 AM in Courtroom 4 − Memphis before Judge S. Thomas Anderson; Proposed Pretrial Order due by 8/3/2009. (tlh, ) (Entered: 07/07/2008)

PACER
84 July 29, 2008

First MOTION to Withdraw as Attorney 's of Record, Proposed Order Submitted by Donnell Addison, Karen Alexander, Eddie Anderson, Keith Clark, Billy Herring, Kendrick Hunt, Roy Oliver, Fred Wiggins. (Attachments: # 1 Memorandum in Support of Motion to Withdraw)(Marshall, Michael) (Entered: 07/29/2008)

PACER
85 July 31, 2008

ORDER REFERRING MOTION: 84 First MOTION to Withdraw as Attorney 's of Record, Proposed Order Submitted filed by Billy Herring, Fred Wiggins, Karen Alexander, Donnell Addison, Eddie Anderson, Kendrick Hunt, Keith Clark, Roy Oliver. Signed by Judge S. Thomas Anderson on 7/31/08. (Anderson, S.) (Entered: 07/31/2008)

PACER
86 July 31, 2008

ORDER Granting 84 Michael R. Marshall and Kevin H. Sharp to Withdraw as Counsel for Kendrick Hunt. Attorneys Michael R. Marshall and Kevin Sharp terminated. Signed by Magistrate Judge Tu M. Pham on 7/31/08. (Pham, Tu) (Entered: 07/31/2008)

PACER
87 Nov. 5, 2008

CONSENT DECREE. Signed by Judge S. Thomas Anderson on 11/5/08. (Anderson, S.) (Entered: 11/05/2008)

PACER
88 Nov. 19, 2008

STIPULATION of Dismissal by Donnell Addison, Karen Alexander, Eddie Anderson, Keith Clark, Billy Herring, Roy Oliver, Fred Wiggins, United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL−CIO. (Taylor, Timothy) (Entered: 11/19/2008)

PACER
89 Nov. 19, 2008

ORDER of Voluntary Dismissal. Signed by Judge S. Thomas Anderson on 11/18/08. (Anderson, S.) (Entered: 11/19/2008)

PACER
90 Feb. 26, 2009

SETTING LETTER: Status Conference set for 4/7/2009 09:15 AM in Courtroom 4 − Memphis before Judge S. Thomas Anderson. (tlh) (Entered: 02/26/2009)

PACER
91 Feb. 26, 2009

AMENDED SETTING LETTER: Status Conference set for 4/7/2009 09:15 AM in Courtroom 4 − Memphis before Judge S. Thomas Anderson. (tlh) (Entered: 02/26/2009)

PACER
92 April 3, 2009

SETTING LETTER: Status Conference RESET for 4/16/2009 03:00 PM in Courtroom 4 − Memphis before Judge S. Thomas Anderson. (tlh) (Entered: 04/03/2009)

PACER
93 April 3, 2009

AMENDED SETTING LETTER: Status Conference RESET for 4/16/2009 03:00 PM in Courtroom 4 − Memphis before Judge S. Thomas Anderson. (tlh) (Entered:

PACER
94 April 17, 2009

ORDER OF REFERENCE for Scheduling Conference. Signed by Judge S. Thomas Anderson on 4/17/09. (Anderson, S.) (Entered: 04/17/2009)

PACER
95 April 20, 2009

Notice of Setting. A Scheduling Conference has been set for 4/30/2009 10:15 AM in Courtroom 6 − Memphis before Magistrate Judge Tu M. Pham. (cas) (Entered: 04/20/2009)

PACER
98 April 30, 2009

Minute Entry for proceedings held before Magistrate Judge Tu M. Pham. Scheduling Conference held on 4/30/2009. Pro−Se plaintiff does not agree to the proposed scheduling order at this time. Plaintiff wishes to add parties to the matter. The Court advised plaintiff he must file a Motion to Amend Complaint to be able to add parties. Deadline for Motion to Amend Complaint is 8/1/2009. Proposed Scheduling Order to be entered. (Plaintiffs Counsel: K. Hunt (pro−se). Defendants Counsel: T. Taylor, D. Velander & N. Femia by phone.) (Tape #FTR) (cas) (Entered: 05/04/2009)

PACER
97 May 1, 2009

SCHEDULING ORDER: Amended Pleadings due by 8/1/2009. Discovery due by 10/30/2009. Joinder of Parties due by 8/1/2009. Dispositive Motions due by 1/15/2010. Jury trial expected to last 4−5 days. Signed by Magistrate Judge Tu M. Pham on 5/1/09. (Pham, Tu) (Entered: 05/01/2009)

PACER
99 May 12, 2009

SETTING LETTER: Jury Trial set for 4/19/2010 09:30 AM in Courtroom 4 − Memphis before Judge S. Thomas Anderson. Pretrial Conference set for 4/5/2010 09:15 AM in Courtroom 4 − Memphis before Judge S. Thomas Anderson. Proposed Pretrial Order due by 3/29/2010. (tlh) (Entered: 05/12/2009)

PACER
100 Oct. 8, 2009

MOTION for Extension of Time to Complete Discovery proposed order submitted by all defendants. (Velander, David) (Entered: 10/08/2009)

PACER
101 Oct. 23, 2009

ORDER referring case to Magistrate Judge for Mediation and granting 100 Motion for Extension of Time to Complete Discovery. Signed by Judge S. Thomas Anderson on 10/23/09. (Anderson, S.) (Entered: 10/23/2009)

PACER
102 Nov. 5, 2009

NOTICE OF SETTING: (TEXT ONLY − NO IMAGE ASSOCIATED WITH THIS ENTRY) A Telephonic Status Conference to determine a date for mediation has been set for Thursday, November 12, 2009 at 10:00 AM in Courtroom 6 − Memphis before Magistrate Judge Tu M. Pham. Counsel for Defendant shall set up and initiate the conference call prior to dialing Judge Pham's courtroom. However, the Court will notify you when you are to call into the courtroom. If you have any questions, please contact the case manager at sandra_mcclain@tnwd.uscourts.gov.(smm) (Entered: 11/05/2009)

PACER
103 Nov. 9, 2009

NOTICE OF RE−SETTING: (TEXT ONLY − NO IMAGE ASSOCIATED WITH THIS ENTRY) A Telephonic Status Conference to determine a date for mediation currently set for Thursday, November 12, 2009 has been RE−SET to Friday, November 13, 2009 at 9:30 AM in Courtroom 6 − Memphis before Magistrate Judge Tu M. Pham. Counsel for Defendant shall set up and initiate the conference call prior to dialing Judge Pham's courtroom. However, the Court will notify you when you are to call into the courtroom. If you have any questions, please contact the case manager at sandra_mcclain@tnwd.uscourts.gov(smm) (Entered: 11/09/2009)

PACER
104 Nov. 13, 2009

Minute Entry for proceedings held before Magistrate Judge Tu M. Pham: Telephonic Status Conference held on 11/13/2009. The status of the case was discussed and a Settlement Conference has been set for Thursday, December 17, 2009 at 10:00 AM in Courtroom 6 − Memphis before Magistrate Judge Tu M. Pham. (Participating Counsel: K. Hunt, D. Velander, T. Taylor and N. Femia)(Tape #FTR.) (smm) (Entered: 11/13/2009)

PACER

Case Details

State / Territory:

Tennessee

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 29, 2005

Closing Date: 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of African American employees who allege discrimination on the basis of race

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

Tri-State Plumbing, Heating & Air Conditioning Contractors, Inc.

United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL-CIO

Union

United Association Of Plumbers, Pipefitters and Sprinklefitters, Plumber's Local Union No. 17

Case Details

Causes of Action:

42 U.S.C. § 1981

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

Constitutional Clause(s):

Equal Protection

Other Dockets:

Western District of Tennessee 2:05-cv-02717

Available Documents:

Any published opinion

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

Voluntary Dismissal

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Follow recruitment, hiring, or promotion protocols

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

Hire

Provide antidiscrimination training

Reporting

Retaliation Prohibition

Training

Amount Defendant Pays: $360,000

Order Duration: 2008 - 2011

Issues

General/Misc.:

Retaliation

Discrimination Area:

Conditions of Employment (including assignment, transfer, hours, working conditions, etc.)

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Harassment / Hostile Work Environment

Hiring

Promotion

Seniority

Discrimination Basis:

Race discrimination

Sex discrimination

Affected Race(s):

Black

Affected Sex/Gender(s):

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit

Recommended Citation