Case: EEOC v. VULCAN LINCOLN-MERCURY

2:05-cv-01034 | U.S. District Court for the Northern District of Alabama

Filed Date: May 18, 2005

Closed Date: Oct. 31, 2008

Clearinghouse coding complete

Case Summary

EEOC's Birmingham, AL office and Washington, DC office jointly filed this retaliation lawsuit against the defendant, Vulcan Lincoln Mercury in the United States District Court for the Northern District of Alabama on 05/18/2005. The defendant, a division of Serra Automotive Group, was a new and used car dealer in Birmingham, Alabama. EEOC alleged that three former managers of defendant were subject to retaliatory discharge because they participated in an internal investigation of another employee's sexual harassment claim. The individual complainants filed motions to intervene but the district court did not make a decision on the motions before the case was resolved.The parties settled fairly quickly after the case was referred to mediation. The district court entered a consent judgment and dismissed the case on 10/31/2005.Under the three-year consent decree, the defendant agreed to pay the three individual complainants a total sum of $330,000. The defendant also agreed to expunge record of the lawsuit from the complainants' personnel files and provide neutral references in the future. Additionally, the defendant was required to host trainings, post a notice of the lawsuit, and distribute its revised anti-retaliation policy. The defendant was allowed to apply for shortening the duration of the consent decree after two years. The docket sheet shows that no further enforcement took place; the case was presumably closed in 2008.

Summary Authors

Justin Kanter (7/10/2007)

Clearinghouse (6/7/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4126521/parties/equal-employment-opportunity-commission-v-vulcan-lincoln-mercury/

Judge(s)

Clemon, U. W. (Alabama)

Attorney for Plaintiff

Dreiband, Eric S (Alabama)

Guerrier, Charles E (Alabama)

Attorney for Defendant

Aday, Ryan M (Alabama)

Kelly, T Scott (Alabama)

Judge(s)

Clemon, U. W. (Alabama)

Attorney for Plaintiff

Dreiband, Eric S (Alabama)

Guerrier, Charles E (Alabama)

Lee, James (Alabama)

Morris, R Stan (Alabama)

Morrow, Eunice H (Alabama)

Rollins, Prisca M (Alabama)

Trueblood, Temple D (Alabama)

Attorney for Defendant

Aday, Ryan M (Alabama)

Kelly, T Scott (Alabama)

Stamp, Frederick Pfarr (Alabama)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

2:05-cv-01034	Docket [PACER] EEOC v. Vulcan Lincoln-Mercury	Oct. 31, 2005	Oct. 31, 2005 Docket
1 2:05-cv-01034	Complaint EEOC v. Vulcan Lincoln-Mercury	May 18, 2005	May 18, 2005 Complaint
18 2:05-cv-01034	Order of Dismissal with Prejudice EEOC v. Vulcan Lincoln-Mercury	Oct. 31, 2005	Oct. 31, 2005 Order/Opinion
19 2:05-cv-01034	Consent Decree EEOC v. Vulcan Lincoln-Mercury	Oct. 31, 2005	Oct. 31, 2005 Settlement Agreement
2:05-cv-01034	EEOC Litigation Settlement Report- October 2005 EEOC v. Vulcan Lincoln Mercury, A Division of Serra Automotive Group No Court	Feb. 2, 2006	Feb. 2, 2006 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/4126521/equal-employment-opportunity-commission-v-vulcan-lincoln-mercury/

Last updated March 25, 2026, 4:51 a.m.

ECF Number	Date	Description	Link
1	May 18, 2005	COMPLAINT against Vulcan Lincoln Mercury, filed by Equal Employment Opportunity Commission.(SFH, ) (Entered: 05/19/2005)	RECAP
2	June 1, 2005	MOTION to Intervene by Martha Manwarring, Pamela Stevens, Cheryl L. Williams. (Attachments: # 1 Complaint in Intervention)(Trueblood, Temple) (Entered: 06/01/2005) 1 Complaint in Intervention View on PACER	RECAP
3	June 2, 2005	ORDER- Pla's response to dft's motion to intervene must be filed by 6/9/05; dft's reply must be filed by 6/16/05; reply by any other interested party must be filed by 6/23/05 re 2 MOTION to Intervene filed by Martha Manwarring,, Cheryl L. Williams,, Pamela Stevens, . Signed by Judge Paul W Greene on 6/2/05. (SFH, ) (Entered: 06/02/2005)	RECAP
4	June 9, 2005	SUMMONS Returned Executed Vulcan Lincoln Mercury served on 6/6/2005, answer due 6/27/2005. (SFH, ) (Entered: 06/10/2005)	RECAP
5	June 16, 2005	Opposition to Motion to Intervene & Motion to Compel Arbitration filed by Vulcan Lincoln Mercury. (Kelly, T) (Entered: 06/16/2005)	RECAP
6	June 16, 2005	Brief in Support of Objection to Motion to Intervene and Motion to Compel Arbitration filed by Vulcan Lincoln Mercury. (Kelly, T) Additional attachment(s) added on 6/16/2005 (SFH, ). (Entered: 06/16/2005) 1 Exhibit Arbitration Agreement/Waiver of Right to Jury Trial View on PACER	RECAP
7	June 22, 2005	NOTICE of Appearance by R Stan Morris on behalf of Martha Manwarring, Pamela Stevens, Cheryl L. Williams (Morris, R) (Entered: 06/22/2005)	RECAP
8	June 22, 2005	First MOTION for Extension of Time to reply to Vulcan's Objection by Martha Manwarring, Pamela Stevens, Cheryl L. Williams. (Morris, R) (Entered: 06/22/2005)	RECAP
9	June 23, 2005	NOTICE by Martha Manwarring, Pamela Stevens, Cheryl L. Williams of Attorney's Lien (Trueblood, Temple) (Entered: 06/23/2005)	RECAP
10	June 24, 2005	MOTION to Withdraw as Attorney of Ann C. Robertson and Temple D. Trueblood by Martha Manwarring, Pamela Stevens, Cheryl L. Williams. (Trueblood, Temple) (Entered: 06/24/2005)	RECAP
11	June 24, 2005	Consent MOTION for Extension of Time by Vulcan Lincoln Mercury. (Attachments: # 1 Exhibit Waiver of Service of Summons)(Kelly, T) (Entered: 06/24/2005) 1 Exhibit Waiver of Service of Summons View on PACER	RECAP
12	June 30, 2005	Joint MOTION for Extension of Time To file Response to Vulcan's Objection to Motion to Intervene and To Stay Vulcan's Objection to Motion to Intervene, Etc. Pending Mediation of Case by Martha Manwarring, Pamela Stevens, Cheryl L. Williams. (Morris, R) (Entered: 06/30/2005)	RECAP
13	June 30, 2005	Second MOTION for Extension of Time to File Response/Reply as to 5 Opposition (other) by Equal Employment Opportunity Commission. (Morrow, Eunice) (Entered: 06/30/2005)	RECAP
14	July 8, 2005	ORDER, Case referred to mediation set for 7/22/05 at 10:30am in chambers of the undersigned magistrate judge.. Signed by Judge John E Ott on 7/8/05. (SFH, ) (Entered: 07/08/2005)	RECAP
15	Aug. 26, 2005	NOTICE by Wiggins, Childs, Quinn & Pantazis, LLC of Release of Attorney Lien (Trueblood, Temple) (Entered: 08/26/2005)	RECAP
16	Sept. 29, 2005	Joint MOTION to Approve Consent Judgment by Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order Proposed Consent Decree)(Guerrier, Charles) (Entered: 09/29/2005) 1 Text of Proposed Order Proposed Consent Decree View on PACER	RECAP
17	Oct. 31, 2005	ORDER REASSIGNING CASE with Notice to Prisoners In Re Civil Appeals attached. Case reassigned to Chief Judge U W Clemon for all further proceedings. Judge Paul W Greene no longer assigned to case. Signed by Judge U W Clemon on October 31, 2005. (SRJ, ) (Entered: 10/31/2005)	RECAP
18	Oct. 31, 2005	ORDER DISMISSING CASE based on approval of the Consent Decree with prejudice w/each party to bear their own costs. Signed by Judge U W Clemon on 10/31/2005. (SRJ, ) (Entered: 10/31/2005)	RECAP
19	Oct. 31, 2005	ORDER of CONSENT DECREE As Set Out . Signed by Judge U W Clemon on October 31, 2005. (SRJ, ) (Entered: 10/31/2005)	RECAP

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Case Details

State / Territory:

Alabama

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: May 18, 2005

Closing Date: Oct. 31, 2008

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

Vulcan Lincoln Mercury

Case Details

Causes of Action:

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

Other Dockets:

Northern District of Alabama 2:05-cv-01034

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:

Discrimination Prohibition

Expungement of Employment Record

Monitoring

Neutral/Positive Reference

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Recordkeeping

Reporting

Retaliation Prohibition

Amount Defendant Pays: 330000

Order Duration: 2005 - 2008

Issues

General/Misc.:

Retaliation

Discrimination Area:

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Discrimination Basis:

Sex discrimination

Affected Sex/Gender(s):

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit

Recommended Citation

Case Summary of EEOC v. VULCAN LINCOLN-MERCURY, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/8959/ (last updated 6/7/2017).