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IN THE UNITED STATES DISTRICT COURT I,·, l • ..,'

FOR THE MIDDLE DISTRICT OF TENN,,$SEE," , ' ,',; .( 'i

NASHVILLE DIVISION

.,,~,_ ... _ ... ,;,~I~r ".

CHARLES W. GOODREAU, Plaintiff,
v. BRIDGESTONE / FIRESTONE NORTH AMERICAN TIRE,LLC,
Defendant.

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Civil

Action

No.

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JORYDEMAND

COMPLAINT Plaintiff, Charles W. Goodreau ("Goodreau"), by the undersigned attorneys, makes the following averments: 1. This is a civil action brought pursuant to the Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. §§ 4301 - 4333 ("USERRA"). JURISDICTION AND VENUE 2. This Court has jurisdiction over the subject matter of this action pursuant to 38 U.S.C. § 4323(b). 3. Venue is proper in this district under 38 U.S.C. § 4323(c)(2) and 28 U.S.C. § 1391 (b) because Defendant, Bridgestone / Firestone North American Tire, LLC ("Bridgestone"), maintains a place of business in this judicial district. PARTIES

4. Goodreau resides at 241A Blue Hill Drive, Nashville, Tennessee 37214, within the jurisdiction of this Court.
5. Bridgestone maintains a place of business at 535 Marriott Drive, Nashville, Telmessee 37214. Nashville is in Davidson County. Bridgestone also maintains a place of business at its plant in Clarksville, Tennessee. Clarksville is in Montgomery County. Both Davidson County and Montgomery County are within the jurisdiction of this Court. CLAlM FOR RELIEF
6. Goodreau enlisted in the United States Anny in 1980. He was honorably discharged in 1992. On August 5, 2000, Goodreau joined the AnnyNational Guard.
7. On May 29,2002 Goodreau commenced employment for Bridgestone at its plant in Clarksville, Tennessee, as an Operator Banbury.
8. Bridgestone has a progressive pay schedule which is a step rate compensation system based-on time at work. Bridgestone has the following progressive pay schedule for employees such as Goodreau: 70% for 1-179 days; 75% on and after 180 days; 80% on and after 360 days; 85% on and after 540 days; 90% on and after 720 days; 95% on and after 900 days; and 100% on and after 1,080 days.
9. Goodreau was hired at a pay rate of$16.14 per hour, or 70% ofthe applicable wage rate, on Bridgestone's progressive pay schedule. Goodreau was moved to $17.44 per hour, or 75% of the applicable wage rate, on November 24,2002.
10. Goodreau was activated as a member of the AnnyNational Guard under Operation Enduring Freedom I Iraqi Freedom from December 27,2002 to March 24,2004, for a total of approximately 453 days.
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11. Upon his return to Bridgestone from service, in late March 2004, Goodreau was paid the same pay rate of $17.44 per hour that he was receiving when he went on active duty. Goodreau was moved to $18.60 per hour, or 80% of the applicable wage rate, on August 17, 2004.
12. Bridgestone violated Section 4316 ofUSERRA, among other ways, by denying Goodreau an advancement of approximately 453 days on its progressive pay schedule and other employment benefits due to his membership in, or obligation ,to perfonn service in, the uniformed services.
13. As a result of Bridgestone's unlawful denial of advancement to Goodreau on Bridgestone's progressive pay schedule, Goodreau has suffered loss of earnings and other benefits of employment. PRAYER FOR RELIEF
WHEREFORE, Goodreau prays that the Court enter judgment against Bridgestone, its officers, agents, employees, successors and all persons in active concert or participation with it, as follows:
14. Declare that Bridgestone's denial of advancement to Goodreau on its progressive pay schedule was unlawful and in violation ofUSERRA;
15. Require that Bridgestone fully comply with the provisions ofUSERRA by reinstating Goodreau at the level of seniority, status and compensation that he would have enjoyed had he remained employed continuously with Bridgestone, and by paying Goodreau for his loss of wages and other benefits suffered by reason of Bridgestone's failure or refusal to comply with the provisions of this law;
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16. Enjoin Bridgestone from taking any action against Goodreau that fails to comply with the provisions ofUSERRA;
17. Award Goodreau prejudgment interest on the amount oflost wages found due; and
18. Grant such other and further relief as may be just and proper.
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ALBERTO R. GONZALES Attorney General R. ALEXANDER ACOSTA Assistant Attorney General Civil Rights Division
BY: Q~d~
DAVID J. PALMER (DC BarNo. 417834)
C\\trie~f :~L~_~~...
ILLIAM B. ENTON (DC Bar No. 414990) Deputy Chief DERRICK BRENT (IL Bar No. 6230794) Senior Trial Attorney KEVIN HOSN (CA Bar No. 199122) Trial Attorney U.S. Department of Justice Civil Rights Division Employment Litigation Section 950 Pennsylvania Avenue, NW Patrick Henry Building, Room 4036 Washington, DC 20530 Telephone: (202) 514-3851 Facsimile: (202) 514-1105 Attorneys for Plaintiff
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 RECOVED IN CLERK'S QFF CE

IN THE UNITEDSTATESDISTRICTCOUR

NAR 2 9 2005

FOR THE MIDDLEDISTRICOTF TENNESSE~u%;S. DISTRICT COURT

NASHVILLDEIVISION

MIL). DIST. TENN.

Plaintiff,

/

Civil B t i o & ~

O 25 2

BRIDGESTON/ FEIRESTONNEORTHAMERICAN TIRE,LLC,

Defendant.

I

JUDGE HAYNES

'_
CONSENT DECREE This matter is before the Court for entry of this judgment by consent of all parties to effectuate a compromise and settlement of all claims. After review and consideration, the Court believes that entry of this judgment is in the interest of justice. 1. Plaintiff, Charles W. Goodreau ("Goodreau"), commenced this action in the United States District Court for the Middle District of Tennessee, Nashville Division, alleging that Defendant Bridgestone 1Firestone North American Tire, LLC ("Bridgestone") violated the Uniformed Services Employment and Reemployment Rights Act of 1994 ("USERRA") by denyiag Goodrea~al dvaincei~~eonnt its progressive pay schedule and other eillploymentbenefits due to Goodreau's menlbership in, or obligation to perfoinl service in, the uniformed sei-vices. 2. As a result of settlement discussions, Goodreat1and Bridgestone have resolved their differences and have agreed that this action should be settled by entry of this Consent Decree. It is the intent of the parties that this Consent Decree be a final and binding settlement in
This document was entered on the docket in compliance with

full disposition of any and all claims alleged against Bridgestone that could have been alleged in

the Complaint filed on behalf of Goodreau. Goodreau, by his signature to this document and the

I

attached release, has indicated his acceptance of the terms and conditions contained in this

1

Consent Decree.

STIPULATED FACTS

3. Pursuant to USERRA, the parties acknowledge the jurisdiction of the United

States District Court for the Middle District of Tennessee (Nashville Division) over the subject

matter of this action and of the parties to this case for the purpose of entering this Decree and, if

necessary, enforcing this Decree.

4. Venue is proper in this district for purposes of this Decree and any proceedings

related to this Decree only. Bridgestone agrees that all statutory conditions precedent to the

institution of this lawsuit have been fulfilled.

FINDINGS

5 . Having examined the terms and provisions of the Consent Decree, the Court finds

the following:

a. The Co~u-htas jurisdiction over the subject matter of this action and the parties to this action.

b. The terms and provisions of this Consent Decree are fair, reasonable, and just. The rights of Bridgestone and Goodreau are protected adequately by this Decree.

c. This Consent Decree confol~nswith the Federal Rules of Civil Procedure and USERRA, and is not in derogation of the rights and privileges of any person. The entry of this Consent Decree will further the objectives of the USERRA and other applicable law, and will be in the best interests of the parties.

NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED AS FOLLOWS:
NON-ADMISSION 6. This Decree, being entered with the consent of the United States Department of Justice - Civil Rights Division, Goodreau, and Bridgestone, shall not constitute an adjudication or finding on the merits of the case and shall not be construed as an admission by Bridgestone of any violations of USE-, or any other law, rule or regulation dealing with or in connection with equal employment opportunities. Bridgestone denies any wrongdoing.
NON-PIETALIATION 7. Bridgestone shall not take any action against any person that constitutes retaliation or interference with the exercise of such person's rights under USERRA, o r Goodreau's claim herein that forms the basis for the present case, or because such person gave testimony or assistance or participated in any manner in any investigation or proceeding in connection with this case.
REMEDIAL REOUIREMENTS 8. Bridgestone shall grant Goodreau the level of seniority, status and compensation that he would have enjoyed had he remained employed continuouslywith Bridgestone during the time of his active duty service in the military, i.e.,on or about December 27,2002 through on or abo~lMt arch 24,2004, including loss of wages, with interest, in the amount of $6,128.00. Bridgestone shall provide documentary evidence of having paid Goodreau and credited him with the above benefits by nlailing the same to the following address within fourteen (14) days after this Consent Decree has been entered by the Court:

Derrick Brent, Kevin Hosn United States Department of Justice 950 Pennsylvania Avenue NW Civil Rights Division Employment Litigation Section, PHB, Room 4500 Washington, D.C. 20530
DISPUTE RESOLUTION AND COMPLIANCE 9. The Court shall retain jurisdiction and will have all available equitable powers, including injunctive relief, to enforce this Decree. Upon motion of either party, the Court may schedule a hearing for the purpose of reviewing compliance with this Decree. The parties shall engage in good faith efforts to resolve any dispute concerning compliance prior to seeking review by the Court. The parties shall be required to give notice to each other ten (10) days before moving for review by the Court. All parties may conduct expedited discovery under the Federal Rules of Civil Procedure for the purpose of determining compliance with this Decree or defending against a claim of non-compliance.
MISCELLANEOUS 10. All parties shall bear their own costs and expenses of litigation, including attoweys' fees. 11. This Consent Decree constitutes the ent~yof final judgment within the meaning of Rule 54 of the Federal Rules of Civil Procedure 011 all claims asserted in or that could have been asserted by Goodreau in this action. The Court retains jurisdiction over tliis matter, however, for the purpose of entering appropriate orders inte~pretingand enforcing this judgment. 12. If any provision of tliis Consent Decree is found to be unlawful, only the specific provisioll in question shall be affected and the other provisions will remain in full force and effect.

13.' The terms of this Consent Decree are and shall be binding upon the present and future owners, officers, directors, employees, creditors, agents, trustees, administrators, successors, representatives, and assigns of Bridgestone and upon the heirs, successors, and assigns of Goodreau.
14. This Consent Decree constitutes the entire agreement and commitments of the parties. Any modifications to this Decree must be mutually agreed upon and memorialized in a writing signed by Bridgestone and Goodreau.
EFFECTIVE DATE 15. The effective date of this Consent Decree shall be the date upon which it is entered by the C o w . 16. This Consent Decree shall expire, and this action shall be dismissed, without further order of this Court one year from the date of entry of this Consent Decree. Goodreau, by and through his attorneys, may move, for good cause, to extend the Consent Decree if the remedial relief called for herein has not been effectuated. The Consent Decree will not be extended, however, ~mlessthe Court grants Goodreau's motion. Any such extension may be granted by the Court only for such time as is necessary to effectuate the relief set forth in this Consent Decree.

APPROVED and ORDERED this

,2005.

DAVID J. FALM(DEC BRar No. 417834)
WILLIAM B. FENTON (DC Bar No. 414990)
Deputy Chief DERRlCK BRENT (IL Bar No. 6230794) Senior Trial Attorney
KEVINHOSN (CA BasNo. 199122)
Trial ~ t t ' o m e ~ U.S. Department of Justice Civil Rights Division Employment Litigation Section 950 Pennsylvania Avenue, NW Pahick Henry Building, Room 4036 Washington, DC 20530 Telephone: (202) 514-3851 Facsiniile: (202) 514-1105
CHARLES W: G O O ~ ~ R E A U ONBEHALF OF PLAINTIFF CHRRLES GOODREAU
JAMES A. RYDZEL
JONES DAY Nolth Poilit 901 Lakeside Avenue Cleveland, OH 44114 (216) 586-7227
ON BEHALF OF DEFENDANT BRIDGESTONE / FIRESTONE NORTH AMERICAN TIRE,
LLC

APPENDIX A RELEASE OF ALL CLAIMS

STATE OF TENNESSEE

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) ss:

COUNTY OF DAVDSON

1

For and in consideration of niy acceptance of the relief, or any part of it, to be provided to me pursuant to the provisions of the Consent Decree I have signed and that is to be entered in the case of Charles W. Goodreau v. Bridaestone 1Firestone North American Tire, LLC, to be filed in the United States District Cowt for the Middle District of Tennessee, Nasl~villeDivision, I, Charles W. Goodreau, hereby forever release and discharge Defendant in this case, Bridgestone 1 Firestone North American Tire, LLC ("Bridgestone"), as well as its current, fonner and future officials, e~nployeesa, gents, and'successors from all legal and equitable claims arising out of the Complaint to be filed in this action and USERRA Case No. 04-TN-2004-00019-10-G filed with the United States Department of Labor.

I understand that the relief to be provided to me by Bridgestone under the terms of the Consent Decree does not constitute an admission by any of the parties hereby released of the validity of any claim raised by me, or on my behalf. I further widerstand that Bridgestone expressly denies having violated any of my legal rights and that the payments and other terms and conditions set forth in this release are in settlement of disputed claims. .

This release constitutes the entire agreement between Bridgestone and me, without exception or exclusion.

I acknowledge that a copy of the Consent Decree this action has been made available to me for lily review.

I HAVE READ THIS RELEASE AND UNDERSTAND THE CONTENTS EASE OF MY OWN FREE ACT AND DEED.

Cllarles W. Goodreau

fl-4 3 Subscribed and swoln to before me this day of
CIS-/- n .
Notary Public

Comnlission expires:

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MY( CQMMIsSION g x p m : May 24,2008

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 CASE-CLOSED, KNOWLES
U.S. District Court Middle District of Tennessee (Nashville) CIVIL DOCKET FOR CASE #: 3:05-cv-00252

Goodreau v. Bridgestone/Fireston Assigned to: District Judge William J. Haynes, Jr Demand: $0 Cause: 38:4301 Uniform Services Employment and Reemployment Rights

Date Filed: 03/29/2005 Date Terminated: 04/04/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: Federal Question

Plaintiff Charles W. Goodreau

represented by William B. Fenton Department of Justice-Civil Rights Division P O Box 5342 950 Pennsylvania Avenue, NW Washington, DC 20530 LEAD ATTORNEY ATTORNEY TO BE NOTICED

David J. Palmer Department of Justice-Civil Rights Division P O Box 5342 950 Pennsylvania Avenue, NW Washington, DC 20530 ATTORNEY TO BE NOTICED

Derrick Brent Department of Justice-Civil Rights Division P O Box 5342 950 Pennsylvania Avenue, NW Washington, DC 20530 ATTORNEY TO BE NOTICED

V. Defendant Bridgestone/Firestone North

represented by James A. Rydzel

American Tire, LLC

Jones, Day, Reavis & Pogue 901 Lakeshore Avenue Cleveland, OH 44114-1190 (216) 586-3939 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 03/29/2005 03/29/2005
03/29/2005 04/04/2005

#

Docket Text

1 COMPLAINT (Summons(es) issued) (hv) (Entered: 03/31/2005)

2 JOINT MOTION by pltf, the USA, and deft for order entering Consent Decree and retaining jurisdiction (hv) (Entered: 03/31/2005)

PROPOSED Consent Decree (hv) (Entered: 03/31/2005)

3 CONSENT DECREE by Judge William J. Haynes Jr.: The Conent Decree constitutes final judgment; Bridgestone shall grant Goodreau the level of seniority, status and compensation that he would've enjoyed during the time he was in active duty with US Military in the amount of $6,128.00 with interest; dismissing case ; each party to bear its own costs & fees; the Court shall retain jurisdiction over the terms of the settlement. (cc: all counsel) EOD 4/4/05 (hv) (Entered: 04/04/2005)

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