Case: EEOC v. M.D.P., INC. (d/b/a PIZZA CITY USA)

7:03-cv-00153 | U.S. District Court for the Eastern District of North Carolina

Filed Date: Sept. 9, 2003

Closed Date: 2004

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Case Summary

The EEOC's Charlotte office, in conjunction with its Raleigh office, filed this suit on September 9, 2003 in U.S. District Court for the Eastern District of North Carolina, Southern Division. The complaint alleged that the defendant, M.D.P., INC., doing business as Pizza City USA, violated Title VII by requiring medical clearance for pregnant employees to work and by discharging complainant because of her pregnancy. The complaint also alleged that another female employee was fired in retaliatio…

After the defendant answered the complaint, a trial date was set for November 8, 2004. On October 4, 2004, the parties notified the court that the case had settled. Subsequently, the parties filed a consent decree and a stipulation for dismissal. The case was dismissed without prejudice on December 8, 2004. The defendant agreed, through the consent decree, to pay the complainant $3,500, refrain from requiring medical clearance for pregnant employees, and provide Title VII training to its employees.

Summary Authors

Jason Chester (8/13/2007)

People

Judge(s)

Daniel, David W (North Carolina)

Judge(s)

Daniel, David W (North Carolina)

Documents in the Clearinghouse

Documents in this case

7:03-cv-00153	Docket [PACER] EEOC v. M.D.P., Inc.	Dec. 8, 2004	Dec. 8, 2004 Docket
1 7:03-cv-00153	Complaint EEOC v. M.D.P., Inc.	Sept. 9, 2003	Sept. 9, 2003 Complaint
14 7:03-cv-00153	Consent Decree EEOC v. M.D.P., Inc.	Oct. 22, 2004	Oct. 22, 2004 Settlement Agreement

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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

Last updated March 26, 2025, 8:23 a.m.

ECF Number	Date	Description	Link
1	Sept. 9, 2003	Complaint filed JURY TRIAL DEMANDED (se) (Entered: 09/10/2003)	PACER
2	Sept. 9, 2003	Document filed by plaintiff Equal Employment Opportunity Commission titled: Notice of Lawsuit and Request for Waiver of Service of Summons with proposed waiver attached. (se) (Entered: 09/10/2003)	PACER
3	Oct. 15, 2003	Waiver of Service Returned Executed as to M.D.P., Inc. on 10/3/03 Answer due on 12/2/03 for M.D.P., Inc. (le) (Entered: 10/16/2003)	PACER
4	Nov. 5, 2003	Answer to Complaint by M.D.P., Inc.; jury demand (se) (Entered: 11/06/2003)	PACER
5	Nov. 5, 2003	Corporate Disclosure Filed by defendant M.D.P., Inc. (se) (Entered: 11/06/2003)	PACER
6	Nov. 6, 2003	Request for Discovery Plan: Discovery Plan due by 12/20/03 (se) (Entered: 11/06/2003)	PACER
7	Dec. 1, 2003	Discovery Plan filed by Equal Employment Opp, M.D.P., Inc. (se) (Entered: 12/02/2003)	PACER
	Dec. 2, 2003	Case submitted to: USMJ David Daniel [7-1] discovery submitted for an order on scheduling. (se) (Entered: 12/02/2003)	PACER
	Dec. 2, 2003	(se) (Entered: 12/02/2003)	PACER
8	Dec. 16, 2003	Order on Scheduling by Magistrate Daniel setting Discovery cutoff 5/14/04 Deadline for filing of all motions 6/14/04 Jury Trial scheduled for 11/8/04 before Judge Fox Place: Wilm. Cpys. w/Form 85 to Mahood, Simpson, Barnes, Lanier, Sue Enyart, Scott Cannon, Becky Bowen. (le) (Entered: 12/16/2003)	PACER
9	March 15, 2004	Motion by Equal Employment Opp to amend [8-1] Scheduling order to extend time to designate experts w/consent and p.o. (le) (Entered: 03/16/2004)	PACER
	March 16, 2004	Motion(s) referred: referred [9-1] motion to amend [8-1] Scheduling order to extend time to designate experts to USMJ David W. Daniel (le) (Entered: 03/16/2004)	PACER
10	March 24, 2004	Order granting [9-1] motion to amend [8-1] Scheduling order to extend time to designate experts for pltf. up to 4/9/04 and from dft. by 5/10/04. signed by M/J Daniel. (le) (Entered: 03/24/2004)	PACER
11	April 5, 2004	Return of service executed on 3/25/04 on Christi Smith with a Subpoena In A Civil Case for deposition to take place on 4/8/04 @ 9:30 a.m. at the office of Lanier and Fountain in Jacksonville, NC. (se) (Entered: 04/05/2004)	PACER
12	Sept. 21, 2004	Order pre-trial conference order signed by USMJ William A. Webb. CC:counsel. (se) (Entered: 09/21/2004)	PACER
	Sept. 21, 2004	Jury trial set at 9:00 11/8/04 before Judge James C. Fox in Wilmington, NC, Ctrm #1 (se) (Entered: 09/21/2004)	PACER
	Oct. 4, 2004	Informed by counsel that case has settled. (se) (Entered: 10/05/2004)	PACER
13	Oct. 6, 2004	Ordered that the court having been advised that the parties have settled all matters in controversy between them, this matter hereby is dismissed without prejudice . The parties are DIRECTED to file their stipulation of dismissal with prejudice on or before 11/5/04 set Response to Order due 11/5/04 signed by Senior Judge James C. Fox. CC:counsel, B. Bowen, S. Cannon, USMJ Webb. (se) (Entered: 10/06/2004)	PACER
	Oct. 19, 2004	Received the parties proposed consent decree in this matter. Will forward to Judge Fox for review and consideration. (se) (Entered: 10/21/2004)	PACER
	Oct. 21, 2004	Case submitted to: Senior Judge James C. Fox for review and consideration of the parties proposed consent decree. (se) (Entered: 10/21/2004)	PACER
14	Oct. 22, 2004	Document filed by plaintiff Equal Employment Opportunity, defendant M.D.P., Inc. titled: Consent Decree (see order for particulars). Stipulation of Dismissal with prejudice to follow. (se) (Entered: 10/22/2004)	PACER
	Nov. 30, 2004	Case submitted to: Senior Judge James C. Fox for review of the parties failure to respond to [13-1] order dismissed without prejudice. (se) (Entered: 11/30/2004)	PACER
	Dec. 3, 2004	CASE FILE RETURNED from: Senior Judge James C. Fox (se) (Entered: 12/08/2004)	PACER
15	Dec. 8, 2004	Order that the dismissal without prejudice is EXTENDED indefinitely to comport with the Consent Decree, but the Clerk of Court is DIRECTED to remove this matter from active status signed by Senior Judge James C. Fox. CC:counsel. (se) (Entered: 12/08/2004)	PACER
15	Dec. 8, 2004	Stipulation of dismissal without prejudice. (se) (Entered: 12/08/2004)	PACER
	Dec. 8, 2004	Case closed NP (se) (Entered: 12/08/2004)	PACER

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Case Details

State / Territory:

North Carolina

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

IWPR/Wage Project Consent Decree Study

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 9, 2003

Closing Date: 2004

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

M.D.P. Inc.

Case Details

Causes of Action:

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

Other Dockets:

Eastern District of North Carolina 7:03-cv-00153

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

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Retaliation Prohibition

Amount Defendant Pays: 3500

Order Duration: 2004 - 2006

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

Discrimination Basis:

Pregnancy discrimination

Sex discrimination

Affected Sex/Gender(s):

Female

EEOC-centric:

Direct Suit on Merits

Recommended Citation

Case Summary of EEOC v. M.D.P., INC. (d/b/a PIZZA CITY USA), Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/9098/ (last updated 8/13/2007).