Case: EEOC v. TM Poly-Film Inc

7:98-cv-00070 | U.S. District Court for the Middle District of Georgia

Filed Date: Nov. 6, 1998

Closed Date: Feb. 28, 2001

Clearinghouse coding complete

Case Summary

In November 1998, the EEOC district office in Atlanta, Georgia brought this suit against TM Poly-Film, Inc. in the U.S. District Court for the Middle District of Georgia. The complaint is not available. In November 1999 the defense moved for summary judgment, and in September 2000, the motion was granted. The EEOC appealed, but the parties voluntarily dismissed the appeal in February 2001.

Summary Authors

Jason Chester (7/25/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/26798885/parties/eeoc-v-t-m-poly-film-inc/


Judge(s)

Owens, Wilbur Dawson (Georgia)

Attorney for Plaintiff

Bell, Charles T. (Georgia)

Macy, James D. (Georgia)

Snapp, William Dorsey (Georgia)

Attorney for Defendant

Ennis, Edgar W. (Georgia)

Documents in the Clearinghouse

Documents in this case

00-15983

7:98-cv-00070

Docket [Appeals Court]

U.S. Court of Appeals for the Eleventh Circuit

Feb. 20, 2001

Feb. 20, 2001

Docket

7:98-cv-00070

Docket (PACER)

March 7, 2001

March 7, 2001

Docket

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/26798885/eeoc-v-t-m-poly-film-inc/

Last updated March 26, 2026, 4:33 a.m.

ECF Number Date Description Link
1 Nov. 6, 1998

COMPLAINT filed. Service of Complaint due by 3/8/99 for T M Poly-Film, Inc. (rlw) (Entered: 11/06/1998)

RECAP
2 Nov. 6, 1998

ANSWER to Mandatory Interrogatories filed by EEOC. (rlw) (Entered: 11/06/1998)

RECAP
Nov. 6, 1998

SUMMONS(ES) issued for T M Poly-Film, Inc. (rlw)

Nov. 10, 1998

Case referred to ARBITRATION (trh)

3 Jan. 8, 1999

ANSWER to Complaint by T M Poly-Film, Inc. (Attorney Edgar W. Ennis Jr.) (rlw) (Entered: 01/12/1999)

RECAP
Jan. 12, 1999

DEADLINE updated; sAnswers to Mandatory Interrogatories deadline to 2/11/99 for T M Poly-Film, Inc. (rlw)

4 Jan. 15, 1999

RULES 16 AND 26 ORDER; proposed scheduling/discovery order due on 2/26/99. (signed by Judge Wilbur D. Owens Jr.) (rlw) (Entered: 01/19/1999)

RECAP
5 Jan. 22, 1999

ELECTION not to proceed before a Magistrate Judge by EEOC. (rlw) (Entered: 01/22/1999)

RECAP
6 Jan. 25, 1999

ELECTION not to proceed before a Magistrate Judge by T M Poly-Film, Inc. (rlw) (Entered: 01/27/1999)

RECAP
Feb. 2, 1999

Case no longer referred to ARBITRATION. (trh)

7 Feb. 8, 1999

ANSWER to Mandatory Interrogatories filed by T M Poly-Film, Inc. (rlw) (Entered: 02/10/1999)

RECAP
Feb. 23, 1999

PROPOSED SCHEDULING/DISCOVERY order received. (rlw)

8 March 1, 1999

ORDER setting scheduling/discovery conference. r Discovery Hearing for 10:00 A.M. on 4/5/99 (signed by Judge Wilbur D. Owens Jr.) (rlw) (Entered: 03/03/1999)

RECAP
March 2, 1999

DEADLINE updated; s Discovery Hearing for 10:00 A.M. on 4/5/99. (rlw)

9 March 22, 1999

FIRST INTERROGATORIES by EEOC to T M Poly-Film, Inc. (rlw) (Entered: 03/22/1999)

RECAP
10 March 22, 1999

FIRST REQUEST for Production of Documents by EEOC to T M Poly-Film, Inc. (rlw) (Entered: 03/22/1999)

RECAP
11 March 24, 1999

NOTICE by EEOC to take deposition of Bernice Williams-Kimbrough on 5/11/99. (rlw) (Entered: 03/24/1999)

RECAP
12 March 24, 1999

NOTICE by T M Poly-Film, Inc. to take deposition of Patricia Hamby on 4/28/99. (rlw) (Entered: 03/24/1999)

RECAP
13 March 24, 1999

NOTICE by T M Poly-Film, Inc. to take deposition of Tricia Love on 4/28/99. (rlw) (Entered: 03/24/1999)

RECAP
14 March 24, 1999

NOTICE by T M Poly-Film, Inc. to take deposition of Jocelyn Best on 4/28/99. (rlw) (Entered: 03/24/1999)

RECAP
15 March 24, 1999

NOTICE by T M Poly-Film, Inc. to take deposition of Wanda Gray on 4/27/99. (rlw) (Entered: 03/24/1999)

RECAP
16 March 24, 1999

NOTICE by T M Poly-Film, Inc. to take deposition of Yvonne Garland on 4/27/99. (rlw) (Entered: 03/24/1999)

RECAP
17 March 24, 1999

NOTICE by T M Poly-Film, Inc. to take deposition of Myra Davis on 4/27/99. (rlw) (Entered: 03/24/1999)

RECAP
18 March 24, 1999

NOTICE by T M Poly-Film, Inc. to take deposition of Sonia Williams on 4/26/99. (rlw) (Entered: 03/24/1999)

RECAP
19 March 24, 1999

NOTICE by T M Poly-Film, Inc. to take deposition of Lucy Miller on 4/26/99. (rlw) (Entered: 03/24/1999)

RECAP
20 March 24, 1999

NOTICE by T M Poly-Film, Inc. to take deposition of Marvin C. Frazier on 5/10/99. (rlw) (Entered: 03/24/1999)

RECAP
21 March 25, 1999

FIRST INTERROGATORIES by T M Poly-Film, Inc. to EEOC (rlw) (Entered: 03/29/1999)

RECAP
22 March 29, 1999

FIRST REQUEST for Production of Documents by T M Poly-Film, Inc. to EEOC. (rlw) (Entered: 03/29/1999)

RECAP
23 April 5, 1999

ORDER making the proposed scheduling/discovery order submitted by the parties with the additions and changes agreed to at a discovery conference is made the order of the court. Discovery to be complete 7/8/99. (signed by Judge Wilbur D. Owens Jr.) (rlw) (Entered: 04/06/1999)

RECAP
24 April 5, 1999

MINUTE ENTRY: Discovery conference on 4/5/99; witnesses in this matter can be interviewed by either party with a tape recorder; the EEOC is to provide the court with any unwilling information requested by the defendant for an in-camera inspection. Court Reporter: Frances Roquemore (rlw) (Entered: 04/07/1999)

RECAP
25 April 8, 1999

NOTICE by EEOC to take deposition of Danny Moss on 4/29/99. (rlw) (Entered: 04/08/1999)

RECAP
26 April 8, 1999

NOTICE by EEOC to take deposition of James deVane on 4/30/99. (rlw) (Entered: 04/08/1999)

RECAP
27 April 8, 1999

NOTICE by EEOC to take deposition of Sandra Simmons on 4/29/99. (rlw) (Entered: 04/08/1999)

RECAP
28 April 8, 1999

NOTICE by EEOC to take deposition of Chip Birdsong on 4/30/99. (rlw) (Entered: 04/08/1999)

RECAP
29 April 19, 1999

ANSWER to Interrogatories filed by EEOC Re: [21-1] discovery requested - FIRST INTERROGATORIES by T M Poly-Film, Inc. (rlw) (Entered: 04/19/1999)

RECAP
30 April 19, 1999

RESPONSE by EEOC to [22-1] discovery requested - FIRST REQUEST for Production of Documents by T M Poly-Film, Inc. (rlw) (Entered: 04/19/1999)

RECAP
31 April 21, 1999

ANSWER to Interrogatories filed by T M Poly-Film, Inc. Re: [9-1] discovery requested - FIRST INTERROGATORIES by EEOC. (rlw) (Entered: 04/23/1999)

RECAP
32 April 21, 1999

RESPONSE by T M Poly-Film, Inc. to [10-1] discovery requested - FIRST REQUEST for Production of Documents by EEOC. (rlw) (Entered: 04/23/1999)

RECAP
33 April 26, 1999

AMENDMENT to [31-1] discovery interrogatory - VERIFICATION of Danny Moss filed by defendant T M Poly-Film, Inc. (rlw) (Entered: 04/26/1999)

RECAP
34 June 15, 1999

DEPOSITION of Marvin Frazier taken on 5/10/99, court reporter: Edith Graves. (rlw) (Entered: 06/16/1999)

RECAP
35 June 15, 1999

Exhibits to Deposition [34-1] of Marvin Frazier. (rlw) (Entered: 06/16/1999)

RECAP
36 July 2, 1999

JOINT MOTION by EEOC and T M Poly-Film, Inc. to Extend Time of Discovery Period to 9/8/99 and Motion Filing Deadline to 10/25/99 . (rlw) (Entered: 07/07/1999)

RECAP
July 7, 1999

MOTION(S) submitted: submitted [36-1] joint motion to Extend Time of Discovery Period to 9/8/99 and Motion Filing Deadline to 10/25/99; Original motion sent to Judge Wilbur D. Owens Jr. (rlw)

37 July 9, 1999

ORDER granting [36-1] joint motion to Extend Time of Discovery Period to 9/8/99 and Motion Filing Deadline to 10/25/99. s Discovery completion deadline to 9/8/99, r Motion Filing deadline to 10/25/99 (signed by Judge Wilbur D. Owens Jr.) [EOD Date 7/13/99] (rlw) (Entered: 07/13/1999)

RECAP
38 Aug. 4, 1999

MINUTE ENTRY: In chambers status conference regarding discovery; the plaintiff objects to the defendant taking the deposition of the Director of EEOC, Ms. Kibro; Judge Owens decided the objection to taking the deposition is well founded and it cannot be taken; he will reconsider if facts are presented to make it relevant; Court Reporter: Frances Roquemore. (rlw) (Entered: 08/05/1999)

RECAP
39 Aug. 5, 1999

SECOND INTERROGATORIES by T M Poly-Film, Inc. to EEOC. (rlw) (Entered: 08/06/1999)

RECAP
40 Aug. 5, 1999

SECOND REQUEST for Production of Documents by T M Poly-Film, Inc. to EEOC. (rlw) (Entered: 08/06/1999)

RECAP
41 Aug. 23, 1999

NOTICE by T M Poly-Film, Inc. to take deposition of Eleanor O'Bryant on 9/2/99. (rlw) (Entered: 08/24/1999)

RECAP
42 Aug. 23, 1999

NOTICE by T M Poly-Film, Inc. to take deposition of Agnes Morgan on 9/2/99. (rlw) (Entered: 08/24/1999)

RECAP
43 Aug. 23, 1999

NOTICE by T M Poly-Film, Inc. to take deposition of Joycia Ricks on 9/7/99. (rlw) (Entered: 08/24/1999)

RECAP
44 Aug. 23, 1999

NOTICE by T M Poly-Film, Inc. to take deposition of Gloria Barnett on 9/8/99. (rlw) (Entered: 08/24/1999)

RECAP
45 Aug. 23, 1999

NOTICE by T M Poly-Film, Inc. to take deposition of Nancy Gilbert on 9/7/99. (rlw) (Entered: 08/24/1999)

RECAP
46 Sept. 3, 1999

NOTICE by T M Poly-Film, Inc. to take deposition of Sue Scott on 9/8/99. (rlw) Modified on 09/08/1999 (Entered: 09/08/1999)

RECAP
47 Sept. 7, 1999

RESPONSE by EEOC to [39-1] discovery requested - FIRST REQUEST for Admissions by T M Poly-Film, Inc. (rlw) (Entered: 09/08/1999)

RECAP
48 Sept. 7, 1999

ANSWER to Interrogatories filed by EEOC Re: [39-1] discovery requested - SECOND INTERROGATORIES by T M Poly-Film, Inc. (rlw) Modified on 09/08/1999 (Entered: 09/08/1999)

RECAP
49 Oct. 18, 1999

MOTION by T M Poly-Film, Inc. to Extend Time for the filing of Motions for Summary Judgment . Motion and proposed Order faxed to Judge Owens' office. (sbd) (Entered: 10/21/1999)

RECAP
50 Oct. 19, 1999

DEPOSITION of Nancy Gilbert on 9/7/99, court reporter: Edith Graves. (sbd) (Entered: 10/21/1999)

RECAP
51 Oct. 19, 1999

DEPOSITION of Joycia Ricks on 9/7/99, court reporter: Edith Graves. (sbd) (Entered: 10/21/1999)

RECAP
52 Oct. 19, 1999

EXHIBITS TO DEPOSITION of Nancy Gilbert and Joycia Ricks taken on 9/7/99, court reporter: Edith Graves. (rlw) (Entered: 10/27/1999)

RECAP
53 Oct. 21, 1999

ORDER granting [49-1] motion to Extend Time to 11/24/99 for the filing of Motions for Summary Judgment (signed by Judge Wilbur D. Owens Jr.) [EOD Date 10/22/99] (rlw) (Entered: 10/22/1999)

RECAP
54 Oct. 26, 1999

DEPOSITION of Elinor E. O'Bryant taken on 9/2/99, court reporter: Barbara B. Terry. (rlw) (Entered: 10/27/1999)

RECAP
55 Oct. 26, 1999

DEPOSITION of Sue Scott taken on 9/8/99, court reporter: Jeweldine Johnston. (rlw) (Entered: 10/27/1999)

RECAP
56 Oct. 26, 1999

DEPOSITION of Gloria Barnett taken on 9/8/99, court reporter: Jeweldine Johnston. (rlw) (Entered: 10/27/1999)

RECAP
57 Oct. 26, 1999

DEPOSITION of Agnes Y. Morgan taken on 9/2/99, court reporter: Barbara B. Terry. (rlw) (Entered: 10/27/1999)

RECAP
58 Nov. 24, 1999

MOTION by T M Poly-Film, Inc. for Summary Judgment . Response due by 12/17/99; Reply to Response due by 1/3/00 for [58-1] motion. (rlw) (Entered: 11/30/1999)

RECAP
59 Nov. 24, 1999

STATEMENT OF UNDISPUTED Material Facts by defendant T M Poly-Film, Inc. Re: [58-1] motion for Summary Judgment. (rlw) (Entered: 11/30/1999)

RECAP
60 Nov. 24, 1999

MEMORANDUM by T M Poly-Film, Inc. in support of [58-1] motion for Summary Judgment. (rlw) (Entered: 11/30/1999)

RECAP
61 Dec. 9, 1999

MOTION by EEOC to Extend Time to 1/14/00 to Respond to Motion for Summary Judgment . (rlw) (Entered: 12/09/1999)

RECAP
62 Dec. 9, 1999

CERTIFICATE OF SERVICE by EEOC of Motion for Enlargement of Time. (rlw) (Entered: 12/09/1999)

RECAP
63 Dec. 9, 1999

NOTICE of Filing of Original Discovery Depositions by EEOC. (rlw) (Entered: 12/09/1999)

RECAP
64 Dec. 9, 1999

DEPOSITION of Charles Birdsong taken on 4/30/99, court reporter: Debbie Paulk Mixon. (rlw) (Entered: 12/09/1999)

RECAP
65 Dec. 9, 1999

DEPOSITION of James Devane taken on 4/30/99, court reporter: Debbie Paulk Mixon. (rlw) (Entered: 12/09/1999)

RECAP
66 Dec. 9, 1999

DEPOSITION of Sandra Simmons taken on 4/29/99, court reporter: Debbie Paulk Mixon. (rlw) (Entered: 12/09/1999)

RECAP
67 Dec. 9, 1999

DEPOSITION of Danny Moss taken on 4/29/99, court reporter: Debbie Paulk Mixon. (rlw) (Entered: 12/09/1999)

RECAP
Dec. 9, 1999

MOTION(S) submitted: submitted [61-1] motion to Extend Time to 1/14/00 to Respond to Motion for Summary Judgment; Original motion sent to Judge Wilbur D. Owens Jr. (rlw)

68 Dec. 13, 1999

ORDER granting [61-1] motion to Extend Time to 1/14/00 to Respond to Motion for Summary Judgment. Response to Motion reset to 1/14/00 for [58-1] motion for Summary Judgment, Reply to Response to Motion reset to 1/31/00 for [58-1] motion for Summary Judgment (signed by Judge Wilbur D. Owens Jr.) [EOD Date 12/14/99] (rlw) (Entered: 12/14/1999)

RECAP
69 Jan. 14, 2000

RESPONSE by EEOC in opposition to [59-1] Statement Undisputed Material Facts. (rlw) (Entered: 01/14/2000)

RECAP
Jan. 24, 2000

DEADLINE updated; Reply to Response to Motion reset to 2/14/00 for [58-1] motion for Summary Judgment . (rlw)

70 Feb. 14, 2000

AFFIDAVIT of Robert M. Clyatt filed by T M Poly-Film, Inc. Re: [58-1] motion for Summary Judgment. (rlw) (Entered: 02/14/2000)

RECAP
71 Feb. 14, 2000

REPLY by T M Poly-Film, Inc. to response to [58-1] motion for Summary Judgment. (rlw) (Entered: 02/16/2000)

RECAP
Feb. 16, 2000

MOTION(S) submitted: submitted [58-1] motion for Summary Judgment; Original case file and motion sent to Judge Wilbur D. Owens Jr. (rlw)

72 Sept. 11, 2000

ORDER granting [58-1] motion for Summary Judgment. (signed by Judge Wilbur D. Owens Jr.) Civil Order File volume #F, page #58 [EOD Date 9/12/00] (rlw) (Entered: 09/12/2000)

RECAP
73 Sept. 12, 2000

JUDGMENT for T M Poly-Film, Inc. against EEOC. [EOD Date 9/12/00] (rlw) (Entered: 09/12/2000)

RECAP
Sept. 12, 2000

Case Closed. Deposition(s) to be disposed of on 11/20/00. (rlw)

74 Oct. 3, 2000

MOTION by T M Poly-Film, Inc. to Extend Time to 11/10/00 to file a bill of costs . (rlw) (Entered: 10/05/2000)

RECAP
75 Oct. 5, 2000

ORDER granting [74-1] motion to Extend Time to 11/10/00 to file a bill of costs. (signed by Judge Wilbur D. Owens Jr.) [EOD Date 10/5/00] (rlw) (Entered: 10/05/2000)

RECAP
76 Nov. 9, 2000

NOTICE OF APPEAL by EEOC. Copy of Notice of Appeal mailed to Edgar W. Ennis Jr. on 11/9/00. Transcript Information Form due 11/27/00 for EEOC. [EOD Date 11/9/00] (rlw) (Entered: 11/09/2000)

RECAP
77 Nov. 9, 2000

BILL OF COSTS by T M Poly-Film, Inc.; Response to Bill of Costs due on 12/5/00. (rlw) (Entered: 11/13/2000)

RECAP
78 Nov. 9, 2000

MEMORANDUM by T M Poly-Film, Inc. in support of [77-1] Bill of costs. (rlw) (Entered: 11/13/2000)

RECAP
Nov. 9, 2000

CERTIFIED NOTICE OF APPEAL. Copy of Notice of Appeal, docket entries, order and judgment mailed to USCA for [76-1] appeal by EEOC. (rlw)

79 Nov. 17, 2000

Transcript Information Form filed for EEOC in re: [76-1] appeal. No Transcript(s) ordered. (rlw) (Entered: 11/17/2000)

RECAP
Nov. 20, 2000

USCA Case Number Re: [76-1] appeal by EEOC USCA NUMBER: 00-15983E. (rlw)

Nov. 28, 2000

CERTIFICATE OF READINESS of record on appeal forwarded 11/22/00 to CCA-11 for: [76-1] appeal by EEOC. (rlw)

80 Dec. 4, 2000

RESPONSE by EEOC in opposition to [77-1] Bill of costs. (rlw) (Entered: 12/04/2000)

RECAP
Dec. 4, 2000

DEADLINE updated; defendant to file a reply to response to bill of costs. set Notice of Compliance deadline to 12/15/00 . (rlw)

81 Dec. 8, 2000

Reply Brief by T M Poly-Film, Inc. in support of [77-1] Bill of Costs. (sbd) Modified on 12/11/2000 (Entered: 12/11/2000)

RECAP
82 Dec. 21, 2000

ORDER amending previous order entered by this Court on 9/11/00 that granted Summary Judgment in favor of the defendants. (signed by Judge Wilbur D. Owens Jr.) [EOD Date 12/22/00] (rlw) (Entered: 12/22/2000)

RECAP
Jan. 8, 2001

AMENDED CERTIFICATE OF READINESS of record on appeal forwarded 1/5/01 to CCA-11 for: [76-1] appeal by EEOC. (rlw)

83 Feb. 28, 2001

ORDER that the dismissal of the USCA, issued as the mandate, is made the judgment and order of this court (signed by Judge Wilbur D. Owens Jr.) [EOD Date 3/1/01] (rlw) (Entered: 03/01/2001)

RECAP
84 March 7, 2001

Notice of DISMISSAL and Withdrawal of Bill of Costs by T M Poly-Film, Inc. [EOD Date 3/7/01] (rlw) (Entered: 03/07/2001)

RECAP

Case Details

State / Territory:

Georgia

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Nov. 6, 1998

Closing Date: Feb. 28, 2001

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

TM Poly-Film, Inc.

Case Details

Other Dockets:

Middle District of Georgia 7:98-cv-00070

U.S. Court of Appeals for the Eleventh Circuit 00-15983

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

Discrimination Area:

Disparate Treatment

EEOC-centric:

Direct Suit on Merits

Recommended Citation