IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO
EASTERN DIVISION I
:051

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

) ) )

)

Chris’s Caf~, Inc.,

)

)

)

) )

Defendant.

)

) )

CIVIL ACTION NO.
COMPLAINT AND JURY TRIAL DEMAND

/0194

NATURE OF THE ACTION
This is an action under Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C. §2000e, et seq), ("Title VII") and Title I of the Civil Rights Act of 1991, to correct unlawful employment practices on the basis of sex, female and to make whole Brittany

Blevins and similarly situated employees who were adversely affected by Defendant’s

unlawful practices.

During the month of November, 2003, Defendant subjected its employee, Brittany

Blevins, a minor, aged 16 years old, to a pattern of severe and pervasive sexual

harassment resulting in the creation of a sexually hostile environment and the subsequent

constructive discharge of Ms. Blevins.

JURISDICTION AND VENUE

1. Jurisdiction ofthis Courtis invoked pursuant to 28 U.S.C. §§451,1331,1337,

1343 and 1345. This action is authorized and instituted pursuant to Section 706(f) (1) and

(3) of Title VII, 42 U.S.C. §2000e-5(f)(1) and (3), and pursuant to Section 102 of the Civil

Rights Act of 1991,42 U.S.C. § 1981a.

2. The employment practices alleged to be unlawful were committed within the

jurisdiction of the United States District Court for the Northern District of Ohio, Eastern

Division.

PARTIES

3. Plaintiff, the Equal Employment Opportunity Commission ("Commission"), is the Agency of the United States of America charged with the administration, interpretation and enforcement of Title VII and is expressly authorized to bring this action by Section 706(0 (1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3).
4. At all relevant times, Defendant, Chris’s Caf~, Inc. ("Employer") has continuously been a corporation doing business in the State of Ohio and the City of Mansfield and has continuously had at least 15 employees.
5. At all relevant times, Defendant Employer has continuously been an employer

engaged in an industry affecting commerce within the meaning of Section 701 (b), (g) and (h) of Title VII, 42 U.S.C. § 2000e (b), (g) and (h).
STATEMENT OF CLAIMS
6. More than thirty days prior to institution of this lawsuit, Brittany Blevins filed charges with the Commission alleging violations of Title VII by Defendant Employer. All conditions precedent to the institution of this suit have been fulfilled.
7. During the month of November 2003, Defendant Employer engaged in unlawful employment practices in Mansfield, Ohio, in violation of Section 703 of Title VII, 42 U.S.C. §2000e-2, as follows:
a) Defendant Employer created and maintained a workplace permeated with severe and pervasive harassment based on sex, female; b) Defendant Employer subjected Brittany Blevins and similarly situated employees to a pattern of severe and pervasive sexual harassment during her/their employment: c) Defendant Employer failed to exercise reasonable care to prevent and eradicate the aforementioned sexual harassment; d) Defendant Employer failed to take prompt and effective remedial action reasonably calculated to eradicate the aforementioned harassment. e) The aforementioned actions of Defendant caused Brittany Blevins to suffer a constructive discharge from her employment.

8. The effect of the practice(s) complained of deprived Brittany Blevins of equal employment opportunities and adversely affected her status as an employee due to impermissible considerations of sex.
9. The unlawful practices complained of above were intentional. 10. The unlawful employment practices complained of above were undertaken with malice and/or reckless indifference to the federally protected rights of Brittany Blevins.
PRAYER FOR RELIEF WHEREFORE, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Employer, its officers, successors, assigns and all persons in active concert or participation with it, from discriminating against individuals by the implementation of practices and policies which discriminate on the basis of sex. B. Order Defendant Employer to institute and carry out policies, practices and programs which provide equal employment opportunities for persons regardless of sex and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant Employer to make whole Brittany Blevins by providing appropriate backpay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices. D. Order Defendant Employer to make whole Brittany Blevins by providing affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to, backpay and front pay in amounts to be proven at trial.

E. Order Defendant Employer to make whole Brittany Blevins by providing compensation for past and future pecuniary losses, in amounts to be proven at trial.
F. Order Defendant Employer to make whole Brittany Blevins by providing compensation for past and future non-pecuniary losses in amounts to be proven at trial.
G. Grant an order assessing punitive damages against Defendant Employer for its malicious and reckless conduct described herein above in amounts to be determined at trial.
H. Grant such further relief as the Court deems necessary and proper in the public interest.
I. Award the Commission its costs in this action.
JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its Complaint.
Respectfully submitted,
ERIC S. DREIBAND GENERAL COUNSEL Washington, D.C. JAMES L. LEE DEPUTY GENERAL COUNSEL GWENDOLYN YOUNG REAMS ASSOCIATE GENERAL COUNSEL

Registration No 0,031443
Donna Williams~AIexander Trial Attorney Registration No. 0037838 donna.williams~alexander@eeoc.gov EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION Cleveland District Office I660 West Second Street Suite 850 Cleveland, Ohio 44113~t454 (216) 522-7454 (216) 522-7430 fax Donna,Williams~A~exander@eeoc.gov

 
 EASTERN

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

v.

)

)

)

CHRIS’ S CAFÉ, INC

)

)

Defendant. )

__________________________________________)

Civil Action No. 1:05CV0194 JUDGE GAUGHAN

CONSENT DECREE

INTRODUCTION

A. This action was instituted by the United States Equal Employment Opportunity

Commission (the “EEOC” or the “Com mission”) on or about February 4, 2005, against Chris’s

Café, Inc. (“Chris’s Café”) under Title VII of the Civil Rights Act of 1964 and Title 1 of the

Civil Rights Act of 1991 (“Title VII”). The EEO C alleged that Chris’s Cafe discrim inated

against Brittany Blevins, a waitress, on the basis of her sex, female, when she was subjected to a

sexually hostile work environment created and maintained by Defendant.

B. This Consent Decree is entered into by the EEOC and Defendant Chris’s Cafe. This

Consent Decree shall be final and binding betw een the EEOC and Defenda nt Chris’s Cafe, its

directors, officers, agents, em ployees, successors or assigns and all persons in active concert or

participation with it, (hereinafter collectively referred to as “Chris’s Cafe” or “Defendant”).

1

C. The Commission and Defendant do hereby agree to the entry of this Consent Decree, which shall f ully and f inally resolve all claim s which were or could have been raised by the EEOC in its Com plaint in Civil Action No. 1:05-CV-0194. This Consent Decree shall not constitute an adjudication of or finding on the merits of the case and shall not be construed as a violation of Title VII by Defendant.
ORDER Upon consent of the parties to this action, it is hereby ORDERED, ADJUDGED and DECREED that:
NON-DISCRIMINATION AND NON-RETALIATION 1. This Court has jurisdiction over the parties and the subject matter of this action. 2. Defendant is enjoined from engaging in any employment practice which constitutes unlawful discrimination under Title VII. Specifi cally, Defendant is enjoined from creating, fostering or tolerating a work environment which discriminates based on sex. 3. Defendant is enjoined from engaging in any employment practices which retaliate in any manner against any person, including but not lim ited to, Brittany Blevins and Jam ie Daugherty, because of that person’s opposition to any practice alleged or believed to be unlawful under Title VII, or because of th e filing of a charge, the giving of testim ony or assistance, or the participation in any manner in any investigation, hearing or proceeding under Title VII. 4. Defendant shall not divulge, directly or indirectly, except as required by law, to any employer or potential em ployers of Brittany Blev ins and Jam ie Daugherty, any of the facts or circumstances related to the charge of discrim ination against Defendant, or any of the events relating to their participation in the litigation of this matter.
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5. Chris’s Cafe shall expunge from the personnel files of Brittany Blevins and Jam ie Daugherty any documents, pleadings, correspondence and related papers pertaining to the charge of discrimination filed by Brittany Blevins with the Commission.
6. Defendant shall comply fully with all provisions of Title VII. Nothing in this Consent Decree, either by inclusion or exclusion, shall be construed to lim it the obligations of Defendant under Title VII or the EEOC’s author ity to process or litigate any charge of discrimination which may be filed against the Chris’s Cafe in the future.
MONETARY RELIEF Brittany Blevins
7. Defendant agrees to pay monetary relief in the amount of $4,000.00 (four thousand dollars) to Brittany Blevins in full settlement of the claims against Defendant which were raised in the Commission’s Complaint. Defendant shall send a check in the gross sum of $4,000.00 within ten (10) days after receipt of the signed Consent Decree. The check will be made payable to Brittany Blevins. If Chris’s Cafe does not make the payment as designated in the manner set forth in this Paragraph, the Court will enter a judgment for the entire amount remaining due, plus attorneys fees, costs, and interest to be paid at the legal rate, compounded daily. The check will be mailed to Brittany Blevins by certified mail, return receipt requested, or otherwise delivered to her. Defendant will mail a photocopy of the check to the EEOC, to the attention of Donna L. Williams-Alexander, Trial Attorney, EEOC, within five days of issuance to Brittany Blevins. A late payment will be subject to the accrual of interest on the unpaid amount, calculated pursuant to 28 U.S.C. § 1961.
3

Jamie

Daugherty

8. Defendant agrees to pay m onetary relief in the am ount of $4,000.00 (four thousand

dollars) to Jamie Daugherty in full settlement of the claims against Defendant which were raised

in the Com mission’s Complaint. Defendant shall send a check in the gross sum of $4,000.00

within ten (10) days after receipt of the signed Consent Decree. The check will be made payable

to Jamie Daugherty. If Chris’s Cafe does not m ake the payment as designated in the m anner set

forth in this Paragraph, the Court will enter a judgment for the entire amount remaining due, plus

attorneys fees, costs, and interest to be paid at the legal rate, compounded daily. The check will

be mailed to Jamie Daugherty by certified m ail, return receipt requested, or otherwise delivered

to her. Defendant will m ail a photocopy of the check to the EEOC, to the attention of Donna L.

Williams-Alexander, Trial Attorney, EEOC, within five days of issuance to Jam ie Daugherty.

A late paym ent will be subject to the accrua l of interest on the unpaid am ount, calculated

pursuant to 28 U.S.C. § 1961.

POSTING OF NOTICE

9. Within ten (10) business days after entry of this Decree, or as soon as practicable,

thereafter, but no later than thirty (30) business days thereafter, Chris’s Café shall post same-

sized copies of the Notice attached as Exhibit 1 to this Decree on all bulletin boards located at its

Mansfield, Ohio, location, usually used by Defendant for communicating with employees. The

notice shall remain posted for two (2) years from the date of entry of this Decree. Counsel for

Defendant shall provide a copy of the Notice, and an indication of the date and locations of its

posting(s), to the EEOC’s Cleveland, Ohio Field Office, attention: Donna L. Williams-

Alexander, within ten (10) days of the posting(s). Defendant shall permit a representative of the

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EEOC to enter Defendant’s Mansfield, Ohio premises for purposes of verifying compliance with

this Paragraph at any time during normal business hours without prior notice. Defendant shall

take all reasonable steps to ensure that the posting(s) is/are not altered, defaced or covered by

any other material. Should the posted notice(s) become defaced, removed, marred, or otherwise

illegible, Defendant agrees to as soon as practicable post a readable copy in a manner as

described herein.

NON-DISCRIMINATION AND ANTI-HARASSMENT POLICIES

AND

COMPLAINT PROCEDURES

10. Defendant’s policy or policies against discrimination, harassment and retaliation and

complaint procedures shall be drafted in plain and simple language. Defendant shall ensure that

its policy or policies against discrimination, harassment and retaliation and related complaint

procedures meet the following minimum criteria:

(a) State that Defendant: (i) prohibits discrimination against employees on the basis

of sex, and prohibits retaliation in violation of Title VII; (ii) prohibits retaliation against

employees for opposing employment practices they reasonably believe are discriminatory or for

participating in an investigation by the EEOC or a state or local governmental agency of a charge

of discrimination under Title VII; (iii) prohibits any act, policy or practice that has the effect of

harassing or intimidating any employee on the basis of sex in violation of Title VII; and (iv)

prohibits any act, policy or practice that has the effect of creating, facilitating or permitting the

existence of a work environment that is hostile to employees through acts such as physical/verbal

abuse and derogatory comments based on sex in violation of Title VII;

(b) Include a complaint procedure designed to encourage employees to come forward

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with complaints regarding violations of its policy or policies against discrimination, harassment and retaliation, which shall meet the following minimum criteria: (i) provide effective mechanism(s) for reporting incidents of discrimination, harassment and retaliation; (ii) provide that the complaints of discrimination, harassment and/or retaliation can be made either in writing or verbally; (iii) identify employees to whom an employee can make a complaint; (iv) on a 24hour basis, employees may call John Achevich to make a complaint of discrimination, harassment or retaliation at (614) 560-4233; (v) provide that, upon an employee’s request, Defendant will offer translating assistance for filing a written complaint in English or otherwise communicating during the investigation of a complaint; (vi) encourage prompt reporting by employees; and (vii) provide assurances that complainants shall not be subjected to retaliation;
(c) Provide for prompt investigation of complaints of harassment and/or retaliation; (d) Provide for prompt communication to the complaining party of the results of the investigation and any remedial actions taken or proposed; and (e) Provide for discipline up to and including discharge of an employee or supervisor who violates Defendant’s policy or policies against discrimination, harassment and retaliation, and for increasingly severe discipline for repeat offenders. 10. Defendant shall distribute to all of its employees and newly-hired employees at its Mansfield, Ohio location, its policy or policies against discrimination, harassment and retaliation within 90 days after entry of this Consent Decree. 11. Within 90 days after entry of this Consent Decree, Defendant shall advise Donna Williams-Alexander that its policy or policies against discrimination, harassment and retaliation have been distributed to current employees either in written or electronic form and that new
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employees will receive these policies and acknowledge their receipt. Defendant will retain copies of any acknowledgment of receipt form for employees in their personnel files.
12. Defendant shall twice annually for the duration of the Consent Decree send or otherwise distribute a copy of its policy or policies against discrimination, harassment and retaliation to its employees either in written or electronic form.
MANAGEMENT ACCOUNTABILITY 13. Defendant shall promote management and/or supervisor accountability for the enforcement of non-discrimination under Title VII of the Civil Rights Act of 1964, by the following conduct: (a) Providing annual anti-discrimination training to all of its supervisory and managerial personnel as set forth in Paragraph 14; (b) Disciplining, up to and including discharge, any supervisor or manager who violates Defendant’s policy or policies against discrimination, harassment and retaliation; (c) Imposing on all managers and supervisory personnel a duty to administer their work areas to ensure compliance with Defendant’s policy or policies against discrimination, harassment and retaliation; and
(d) Requiring all managers and supervisors to report any incidents and/or complaints of harassment and/or retaliation of which they become aware to the appropriate responsible officials.
TRAINING 14. Defendant shall provide training on the requirements of Title VII on the following
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terms: a . Defendant agrees to provide annual training sessions to all of its managers and
supervisors who work at its Mansfield, Ohio location to be conducted by EEOC and/or by a trainer or vendor approved by the EEOC, to provide training on an employee's rights under Title VII, and the employer’s obligations under Title VII, with an emphasis on what constitutes unlawful harassment and differential treatment of protected class employees in the workplace, how to keep Defendant free of such forms of discrimination, and what constitutes unlawful retaliation;
b. Each training session will include a live presentation by a high ranking official of Defendant, emphasizing Defendant’s commitment to prevent discrimination and harassment;
c. Defendant shall first provide training in accordance with Paragraph 15(a) no later than six months of entry of this Consent Decree. Defendant shall then also provide such training annually for the duration of this Decree.
15. The Defendant shall obtain EEOC’s approval of its proposed trainer prior to each year’s set of training sessions. Defendant shall submit the name, address, telephone number and curriculum vitae /resume of the proposed trainer, together with the date(s) of the proposed training sessions to the EEOC within thirty (30) calendar days prior to the first day of the proposed date(s) of training. The Commission shall have ten (10) calendar days from the date of receipt of the information described above to accept or reject the proposed trainer(s). In the event the EEOC does not approve Defendant’s designated trainer(s), Defendant shall have ten (10) calendar days to identify an alternate trainer. The EEOC shall have ten (10) calendar days from the date of receipt of the information described above to accept or reject the alternate
8

trainer. In the event the Commission does not approve Defendant’s alternate trainer, the

Commission shall designate the trainer to be retained and paid for by Defendant. Defendant

shall have ten (10) calendar days from receipt of the Commission’s recommendation to accept or

reject the alternate trainer. If Defendant and the Commission cannot agree upon a trainer, or for

any other reason, Defendant shall retain the option to elect to have the EEOC conduct the

training.

16. Defendant agrees to provide the EEOC with any and all copies of pamphlets,

brochures, outlines or other written materials provided to the participants of the training sessions.

Even though the Commission has approved of or designated a trainer to provide training for one

year, it is not required to approve of or designate the same trainer for future training sessions.

17. Defendant shall certify to the EEOC in writing within five (5) business days after the

training sessions have occurred that the training has taken place and that the required personnel

have attended. Such certification shall include: (i) the dates, location and duration of the training

session; (ii) a copy of the registry of attendance, which shall include the name and position of

each person in attendance; and (iii) a listing of all current employees, including temporary

employees, as of the date of the training.

RECORD

KEEPING

18. For a period of two (2) years following entry of this Decree, Defendant shall

maintain and make available for inspection and copying by the Commission, records of each

complaint of any incident of sex and/or retaliation discrimination occurring at its Mansfield, Ohio

location. Each such report shall indicate the date the complaint was made, who made it, what was

alleged, and what actions the Defendant took to resolve the matter. The Defendant shall also

9

make records of all actions it takes to prevent sex and retaliation discrimination at its Mansfield, Ohio location during the duration of this Decree.
19. Defendant shall make all documents or records referred to in Paragraph 18, above, available for inspection and copying within ten (10) business days after the EEOC so requests. In addition, Defendant shall make available for interview all persons within its employ whom the EEOC reasonably requests for purposes of verifying compliance with this Decree and shall permit a representative of the Commission to enter Defendant’s Mansfield, Ohio premises for such purposes with five (5) business days’ advance notice by the EEOC.
20. Nothing contained in this Decree shall be construed to limit any obligation Defendant may otherwise have under Title VII or any other law or regulation.
REPORTING 21. Defendant shall furnish to the EEOC the following written reports annually for a period of two (2) years following entry of this Decree. The first report shall be due six (6) months after entry of the Decree. The final report shall be due twenty four (24) months after entry of the Decree. Each such report shall contain: a. A summary of the information recorded by Defendant pursuant to Paragraph 18, including the name of the complainant, the allegation of the complaint and the action taken by Defendant in response; and b. During the period governed by this Consent Decree, Defendant will certify that the Notice required to be posted in Paragraph 9, remained posted during the previous six months. Such certification will be made every six months during the period of this Consent Decree. The EEOC will mail John Achevich and/or counsel for Chris’s Café a demand for this
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information 30 days before it becomes due.

DISPUTE

RESOLUTION

22. In the event that either party to this Decree believes that the other party has failed

to comply with any provision(s) of the Decree, the complaining party shall notify the other party

of the alleged non-compliance within ten (10) days of the alleged non-compliance and shall afford

the alleged non-complying party ten (10) business days to remedy the non-compliance or to

satisfy the complaining party that the alleged non-complying party has complied. If the alleged

non-complying party has not remedied the alleged non-compliance within ten (10) business days,

the complaining party may apply to the Court for appropriate relief.

MISCELLANEOUS

PROVISIONS

23. Each party to this Decree shall bear its own expenses, costs and attorneys’ fees.

24. The terms of this Decree are and shall be binding upon the present and future

representatives, agents, directors, officers, assigns, and successors of Defendant in their capacities

as representatives, agents, directors and officers of Defendant, and not in their individual

capacities. This Paragraph shall not be construed as placing any limit on remedies available to

the Court in the event that any individual is found to be in contempt for a violation of this Decree.

25. This Consent Decree shall fully and finally resolve all claims which were raised or

could have been raised by the EEOC in its Complaint in Civil Action No. 1:05CV0194.

26. This Consent Decree shall be filed in the United States District Court for the Northern

District of Ohio and shall continue to be in effect for a period of two (2) years. Any application

by any party to modify or vacate this Consent Decree during such period shall be made by motion

to the Court on no less than thirty (30) days notice to the other party.

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27. The Court retains jurisdiction over this case in order to enforce the terms of the Consent Decree.
28. The Clerk of the District Court is hereby directed to send a file-stamped copy of this Consent Decree to counsel of record.
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EXHIBIT 1
NOTICE TO ALL CHRIS’ S CAFE, INC. EMPLOYEES
This Notice is being posted pursuant to a Consent Decree entered by the U.S. District Court, Northern District of Ohio in EEOC v. Chris’s Cafe, Inc., Civil Action Number 1:05-CV-0194, resolving a lawsuit filed by the Equal Employment Opportunity Commission (“EEOC”) against the Chris’s Café, Inc. of Mansfield (“Chris’s Cafe”).
Title VII of the Civil Rights Act of 1964, 42 U.S.C. Section 2000e, et seq., as amended, (“Title VII”), prohibits discrimination against employees and applicants for employment based upon race, color, sex, religion or national origin. Title VII further prohibits retaliation against employees or applicants who avail themselves of their rights under Title VII by engaging in protected activities, such as opposing employment practices believed to be discriminatory, filing a charge of discrimination and/or testifying or participating in a Commission investigation. The EEOC is a federal agency which investigates charges of unlawful employment discrimination. The EEOC has authority to bring lawsuits in Federal Court to enforce Title VII.
In its lawsuit, the EEOC alleged that Chris’s Cafe discriminated against an employee on the basis of her sex, (female), when she was subjected to a sexually hostile work environment created and maintained by the Defendant.
To resolve the case, Chris’s Cafe and the EEOC have entered into a Consent Decree which provides, among other things, that: (1) Chris’s Cafe will not discriminate on the basis of sex; (2) Chris’s Cafe will not retaliate against any person because she or he opposes any practice made unlawful by Title VII, filed a charge of discrimination, participated in any Title VII proceeding, or asserted any rights under the Consent Decree; and (3) Chris’s Cafe will train all employees at its Mansfield, Ohio location, regarding sex discrimination and the restaurant’s policies on that matter.
If you believe you have been discriminated against, you may contact John Achevich at (614) 5604233, or you may call EEOC at (216) 522-2001.
THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE
This Notice must remain posted for two years from the date below and must not be altered, defaced or covered by any other material. Any questions about this Notice or compliance with its terms may be directed to the: Associate Regional Attorney, EEOC Cleveland Field Office, AJC Federal Office Building, 1240 East Ninth Street, Suite 3001, Cleveland, Ohio 44199.
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EXHIBIT

2

RELEASE BY CLAIMANT BRITTANY BLEVINS

Pursuant to the terms of the Consent Decree entered into by the Equal Employment Opportunity Commission ("EEOC") and Chris’ Cafe, Inc. (“Chri s’s Café”), in the above-captioned case, I, Brittany Blevins, do hereby waive, remit, release and forever discharge Chris’ Cafe, its subsidiary companies, and any and all of the officers, dir ectors, agents, em ployees, and m embers of such entity or entities from any and all claims, demands or causes of action under Title VII, of the Civil Rights Act of 1964; Title 1 of the Civil Rights Act of 1991 and Chapter 4112 of the Ohio Revised Code, arising f rom any right or entitlem ent now existing until the date of execution of this Release for facts arising from or by way of allegations which were made or could have been made in EEOC, et al, v. Chris’ Cafe, Inc. , Civil Action No.1:05-CV- 0194, based on claim s of discrimination, occurring prior to this date. This Release is freely executed in return for the good and valuable consideration set forth in the above-referenced Consent Decree.

Date:

, 2006

SIGNATURE:

______________________________________________

BRITTANY

BLEVINS

Sworn to and Subscribed

Before me this

day

of

, 2006.

_______________________ NOTARY PUBLIC

My Commission Expires:

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EXHIBIT

3

RELEASE BY CLAIMANT JAMIE DAUGHERTY

Pursuant to the terms of the Consent Decree entered into by the Equal Employment Opportunity Commission ("EEOC") and Chris’ Cafe, Inc. (“Chri s’s Café”), in the above-captioned case, I, Jamie Daugherty, do hereby waive, rem it, release and forever discharge Chris’ Cafe, its subsidiary companies, and any and all of the officers, directors, agents, em ployees, and members of such entity or entities from any and all claims, demands or causes of action under Title VII, of the Civil Rights Act of 1964; T itle 1 of the Civil Rights Act of 1991 and Chapter 4112 of the Ohio Revised Code, arising from any right or entitlement now existing until the date of execution of this Release for facts arising from or by way of allegations which were m ade or could have been made in EEOC, et al, v. Chris’ Cafe, Inc. , Civil Action No.1:05-CV-0194, based on claim s of discrimination, occurring prior to this date. Th is Release is freely executed in return for the good and valuable consideration set forth in the above-referenced Consent Decree.

Date:

, 2006

SIGNATURE:

______________________________________________

JAMIE

DAUGHERTY

Sworn to and Subscribed

Before me this

day

of

, 2006.

_______________________ NOTARY PUBLIC

My Commission Expires:

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 Northern District of Ohio - Docket Report

https://ecf.ohnd.uscourts.gov/cgi-bin/DktRpt.pl?739749266787836-L_3...

Cat03, Perelman, Standard, Termed
U.S. District Court Northern District of Ohio (Cleveland) CIVIL DOCKET FOR CASE #: 1:05-cv-00194-PAG

Equal Employment Opportunity Commission v. Chris's Cafe, Inc. Assigned to: Hon. Patricia A. Gaughan Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 02/04/2005 Date Terminated: 03/31/2006 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by C. Larry Watson U.S. Equal Employment Opportunity Commission - Cleveland 3001 AJC Federal Bldg. 1240 East Ninth Street Cleveland, OH 44199 216-522-7455 Fax: 216-522-7430 Email: larry.watson@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Donna L. Williams-Alexander U.S. Equal Employment Opportunity Commission - Cleveland 3001 AJC Federal Bldg. 1240 East Ninth Street Cleveland, OH 44199 216-522-7454 Fax: 216-522-7430 Email: Donna.Williams-Alexander@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Chris's Cafe, Inc.

represented by Brian J. Halligan 930 Claremont Avenue P.O. Box 455 Ashland, OH 44805 419-289-2555 Fax: 419-281-7878 Email:

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5/31/2007 9:35 AM

Northern District of Ohio - Docket Report

https://ecf.ohnd.uscourts.gov/cgi-bin/DktRpt.pl?739749266787836-L_3...

bhalligan@halliganandassociates.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Dennis J. Niermann 4070 Mayfield Road Cleveland, OH 44121-3031 216-297-1040 Fax: 216-381-0250 Email: niermann@en.com ATTORNEY TO BE NOTICED

Date Filed 02/04/2005
02/04/2005 02/17/2005
02/22/2005 02/22/2005 03/30/2005 04/04/2005 04/08/2005

#

Docket Text

1 Complaint with jury demand against Chris's Cafe, Inc. (1 summons and Magistrate Consent Forms issued to counsel). Filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(C, BA) (Entered: 02/04/2005)
2 Random Assignment of Magistrate Judge Perelman (C, BA) (Entered: 02/04/2005)
3 Case Management Conference Scheduling Order with case management conference set on 4/8/2005 at 09:00 AM to be held telephonically by Hon. Patricia A. Gaughan. Signed by Judge Patricia A. Gaughan. (D, Mary) Modified text of docket entry on 2/24/2005 (B, B). (Entered: 02/17/2005)
4 Unopposed Motion for leave to Move, Plead or Otherwise Respond to Plaintiff's Complaint through March 30, 2005 filed by Chris's Cafe, Inc.. (Niermann, Dennis) (Entered: 02/22/2005)
Order (non-document): Defendant's Unopposed Motion for leave to Move, Plead or Otherwise Respond to Plaintiff's Complaint is granted to 3/30/05. Judge Patricia A. Gaughan (Related Doc # 4)(L-C, S) (Entered: 02/23/2005)
5 Answer to Complaint with Jury Demand (Related Doc # 1) filed by defendant. (Niermann, Dennis) Modified text of docket entry on 4/6/2005 (B, B). (Entered: 03/30/2005)
6 Report of Parties' Planning Meeting filed by Equal Employment Opportunity Commission. (Williams-Alexander, Donna) Modified text of docket entry on 4/7/2005 (B, B). (Entered: 04/04/2005)
7 Case Management Conference Order: Case assigned to the Standard Track. Case is suitable for ECF. Non-expert discovery due by 9/23/05. Parties to be Joined and Pleading Amendments due by 7/15/2005. Dispositive Motions due by 10/21/2005. Status Conference set for 8/23/2005 at 09:00 AM. Partes are not required to appear in person. Counsel must appear in person unless otherwise ordered by the Court. Signed by Judge Patricia A. Gaughan (L-C, S) Modified text of docket entry on 4/15/2005 (B, B). (Entered: 04/12/2005)

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04/08/2005 08/25/2005
10/28/2005 02/17/2006 03/10/2006 03/13/2006 03/14/2006 03/14/2006 03/23/2006 03/29/2006 03/31/2006

8 Order Designating Case for Electronic Filing. Judge Patricia A. Gaughan (L-C, S) (Entered: 04/12/2005)
9 Minutes/Order: Status Conference was set 8/23/05. Due to plaintiff counsel's unavailability on that date, the Status Conference was held on 8/19/05 by telephone. Non-expert discovery deadline is extended to 10/21/05. Dispositive motion deadline is now 11/21/05. Status Conference, with parties present, is set 10/26/2005 at 09:00 AM. Signed by Judge Patricia A. Gaughan on 8/19/05. (L-C, S) (Entered: 08/25/2005)
10 Minutes/Order: Status Conference was held. Final Pretrial is set February 14, 2006 at 9:30 AM. Trial is set February 27, 2006 at 9:30 AM. Signed by Judge Patricia A. Gaughan on 10/26/05. (L-C, S) (Entered: 10/28/2005)
11 Minutes/Order: At the parties request, status conference set 2/14/06 is cancelled. The Court may anticipate a consent judgment to be filed by 3/10/06. Signed by Judge Patricia A. Gaughan on 2/13/06. (L-C, S) (Entered: 02/17/2006)
12 Joint Motion for extension of Filing of Consent Decree until 3/24/06 filed by Equal Employment Opportunity Commission and Chris's Cafe, Inc. (Williams-Alexander, Donna) Modified text of docket entry on 3/13/2006 (B, B). (Entered: 03/10/2006)
13 Corrected Joint Motion for extension of time to file Consent Decree until March 24 2006 filed by all parties. Related document(s)12. (Niermann, Dennis) Modified text of docket entry on 3/14/2006 (B, B). (Entered: 03/13/2006)
Order [non-document]: Joint Motion for extension of Filing of Consent Decree until 3/24/06 is moot. Approved by Judge Patricia A. Gaughan on 3/13/06. 12 (L-C, S) (Entered: 03/14/2006)
Order [non-document]: Corrected Joint Motion for extension of time to file Consent Decree is granted to March 24 2006. Approved by Judge Patricia A. Gaughan on 3/13/06. (Related Doc. 13) (L-C, S) (Entered: 03/14/2006)
14 Minute/Order: Joint oral motion for extension of time to submit consent decree is granted to 3/30/06 as parties are finalizing the document. Signed by Judge Patricia A. Gaughan on 3/23/06. (D, MB) (Entered: 03/23/2006)
15 Joint Motion to Enter and Approve Consent Decree filed by all parties. (Attachments: # 1 Consent Decree)(Williams-Alexander, Donna) Modified text of docket entry on 3/29/2006 (B, B). (Entered: 03/29/2006)
16 Marginal Entry Order: Joint Motion to Approve and Enter Consent Decree is Granted. (Attachments: # 1 Consent Decree). Signed by Judge Patricia A. Gaughan on 3/30/06. (L-C, S) (Entered: 03/31/2006)

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