1 Mary Jo O'Neill, AZ Bar No. 005924

Sally C. Shanley, AZ Bar No. 012251

2 Karen E. Nutter, CA Bar No.235056

EQUAL EMPLOYMENT OPPORTUNITY

3 COMMISSION, Phoenix District Office

3300 North Central Avenue, Suite 690

4 Phoenix, Arizona 85012-2504

Telephone: (602) 640-4773

5 Fax: (602) 640-5009

Emails: mary.oneill@eeoc.gov

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sally.shanley@eeoc.gov

karen.nutter@eeoc.gov

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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PHOENIX DIVISION

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EQUAL EMPLOYMENT OPPORTUNITY

) )

13 COMMISSION,

) Case No.:
)

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Pl

aintiff,

) ) COMPLAINT

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vs.

) ) (JURY TRIAL DEMANDED)

16 MRS ASSOCIATES,

) )

)

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Defendant.

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) )

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NATURE OF THE ACTION
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This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the

22 Civil Rights Act of 1991 to correct unlawful employment practices on the basis of sex, 23 female, and provide appropriate relief due to Lisa Kradel and a class of women as a result 24 of such unlawful practices. It is also an action under the Equal Pay Act of 1963 to 25 restrain the unlawful payment of wages to female employees at rates less than the rates 26 paid to male employees, and to provide appropriate relief due to Lisa Kradel as a result of 27 such unlawful practices. The Commission alleges that MRS Associates (hereinafter 28 “Defendant”) discriminated against Lisa Kradel and a class of women by subjecting them

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1 to a sexually hostile work environment. The Commission further alleges that Defendant

2 discriminated against Ms. Kradel by terminating her for complaining about the sexually

3 hostile work environment. The Commission further alleges that Defendant discriminated

4 against Ms. Kradel by paying her at a wage rate less than the rate paid to her male

5 successor, who performed substantially equal work.

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JURISDICTION AND VENUE

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1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331,

8 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section

9 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §

10 2000e-5(f)(1) and (3) ("Title VII") and pursuant to Section 102 of the Civil Rights Act of

11 1991, 42 U.S.C. § 1981a; and pursuant to Sections 16(c) and 17 of the Fair Labor

12 Standards Act of 1938 (the "FLSA"), as amended, 29 U.S.C. §§ 216(c) and 217, to

13 enforce the requirements of the Equal Pay Act of 1963, codified as Section 6(d) of the

14 FLSA, 29 U.S.C. § 206(d).

15

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

16 the jurisdiction of the United States District Court for the District of Arizona, Phoenix

17 Division.

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PARTIES

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3. Plaintiff, the Equal Employment Opportunity Commission (the

20 "Commission"), is the agency of the United States of America charged with the

21 administration, interpretation and enforcement of Title VII and the Equal Pay Act, and is

22 expressly authorized to bring this action by Section 706(f)(1) and (3) of Title VII, 42

23 U.S.C. § 2000e-5(f)(1); and (3)Sections 16(c) and 17 of the FLSA, 29 U.S.C. §§ 216(c)

24 and 217, as amended by Section 1 of Reorganization Plan No. 1 of 1978, 92 Stat. 3781,

25 and Public Law 98-532 (1984), 98 Stat. 2705.

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4. At all relevant times, Defendant MRS Associates has continuously been a

27 New Jersey corporation doing business in the State of Arizona and has continuously had

28 at least 15 employees.

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5. At all relevant times, Defendant Employer has continuously been an

2 employer engaged in an industry affecting commerce within the meaning of Sections

3 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).

4

6. At all relevant times, Defendant Employer has acted directly or indirectly

5 as an employer in relation to employees and has continuously been an employer within

6 the meaning of Section 3(d) of the FLSA, 29 U.S.C. § 203(d).

7

7. At all relevant times, Defendant Employer has continuously employed

8 employees engaged in commerce or in the production of goods for commerce within the

9 meaning of Sections 3(b), (i) and (j) of the FLSA, 29 U.S.C. §§ 203(b), (i) and (j) and

10 has continuously been an enterprise engaged in commerce or in the production of goods

11 for commerce within the meaning of Sections 3(r) and (s) of the FLSA, 29 U.S.C. §§

12 203(r) and (s), in that said enterprise has continuously been an enterprise whose annual

13 gross volume of sales made or business done is not less than $500,000.

14

STATEMENT OF TITLE VII CLAIMS

15

8. More than thirty days prior to the institution of this lawsuit, Lisa Kradel

16 filed a charge with the Commission alleging violations of Title VII and the Equal Pay Act

17 by Defendant Employer. All conditions precedent to the institution of this lawsuit have

18 been fulfilled.

19

9. Since at least June 2002, Defendant Employer has engaged in unlawful

20 employment practices in violation of Section 703(a)(1) of Title VII, 42 U.S.C. § 2000e-

21 2(a)(1). These unlawful employment practices include, but are not limited to, subjecting

22 Ms. Kradel and a class of women to harassment because of their sex, female, which

23 created a hostile work environment.

24

10. Since at least August 1, 2003, Defendant Employer has engaged in

25 unlawful employment practices in violation of Section 703(a)(1) and (h) of Title VII, 42

26 U.S.C. § 2000e-2(a)(1) and (h), by paying wages to Ms. Kradel at a rate less than the rate

27 paid to her male successor.

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11. Since at least August 22, 2003, Defendant Employer has engaged in

2 unlawful employment practices in violation of Section 704(a) of Title VII, 42 U.S.C. §

3 2000e-3, by retaliating against Ms. Kradel by discharging her from her employment after

4 she made complaints about the hostile work environment.

5

12. The effect of the practice(s) complained of in paragraphs 9 through 11 has

6 been to deprive Lisa Kradel and a class of women of equal employment opportunities and

7 otherwise adversely affect their status as employees, because of their sex, female.

8

13. The unlawful employment practices complained of in paragraphs 9 through

9 11 were intentional.

10

14. The unlawful employment practices complained of in paragraph 9 through

11 11 were done with malice or with reckless indifference to the federally protected rights of

12 Ms. Kradel and a class of women.

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STATEMENT OF EPA CLAIMS

14

15. Since at least August 1, 2003, Defendant Employer has violated Sections

15 6(d)(1) and 15(a)(2) of the FLSA, 29 U.S.C. §§ 206(d)(1) and 215(a)(2), by paying

16 wages to Lisa Kradel, a regional vice president, at a rate less than the rate paid to her

17 male successor for substantially equal work in a position performed under similar

18 working conditions at the same establishment.

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16. As a result of the acts complained of above, Defendant Employer

20 unlawfully has withheld and is continuing to withhold the payment of wages due to Lisa

21 Kradel.

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17. The unlawful employment practice complained of in paragraph 15 was

23 willful.

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PRAYER FOR RELIEF

25

Wherefore, the Commission requests that this Court:

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A. Grant a permanent injunction enjoining the Defendant Employer, its

27 officers, successors, assigns and all persons in active concert or participation with it, from

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1 engaging in the harassment of employees because of sex and any other employment

2 practice which discriminates on the basis of sex.

3

B. Grant a permanent injunction enjoining Defendant, its officers, successors,

4 assigns and all persons in active concert or participation with it, from discriminating

5 between employees on the basis of sex, by paying wages to employees of one sex at rates

6 less than the rates at which it pays wages to employees of the opposite sex for

7 substantially equal work on jobs the performance of which requires equal skill, effort,

8 and responsibility, and which are performed under similar working conditions.

9

C. Grant a permanent injunction enjoining Defendant, its officers, successors,

10 assigns and all persons in active concert or participation with it, from engaging in any

11 employment practice which discriminates or retaliates against any individual because of

12 the individual’s opposition to perceived unlawful employment practices and/or because

13 the individual filed a charge, testified, assisted or participated in an investigation or

14 proceeding under Title VII or the Equal Pay Act.

15

D. Order Defendant to make whole Lisa Kradel by providing backpay with

16 prejudgment interest, in amounts to be proved at trial, and other affirmative relief

17 necessary to eradicate the effects of its unlawful employment practices, including, but not

18 limited to, rightful place reinstatement.

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E. Order Defendant to make whole Lisa Kradel and a class of women by

20 providing compensation for past and future pecuniary losses resulting from the unlawful

21 practices described in paragraph 9 above, and make whole Lisa Kradel by providing

22 compensation for past and future pecuniary losses resulting from the unlawful practices

23 described in paragraphs 10 and 11, in amounts to be determined at trial.

24

F. Order Defendant Employer to make whole Lisa Kradel and a class of

25 women by providing compensation for past and future nonpecuniary losses resulting

26 from the unlawful practices complained of in paragraph 9 above, and make whole Lisa

27 Kradel by providing compensation for past and future pecuniary losses resulting from the

28 unlawful practices described in paragraphs 10 and 11, including but not limited to

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1 emotional pain, suffering, inconvenience, mental anguish, and loss of enjoyment of life,

2 in amounts to be determined at trial.

3

G. Order Defendant Employer to pay Lisa Kradel and a class of women

4 punitive damages for its malicious and/or reckless conduct described in paragraph 9

5 above, and pay Lisa Kradel punitive damages for its malicious and/or reckless conduct

6 described in paragraphs 10 and 11, in an amount to be determined at trial.

7

H. Grant a judgment requiring Defendant Employer to pay appropriate back

8 wages in amounts to be determined at trial, an equal sum as liquidated damages, and

9 prejudgment interest to Lisa Kradel, whose wages are being unlawfully withheld as a

10 result of the acts complained of above.

11

I. Grant such further relief as this Court deems necessary and proper in the

12 public interest.

13

J. Award the Commission its costs of this action.

14

JURY TRIAL DEMAND

15

The Commission requests a jury trial on all questions of fact raised by its

16 complaint.

17

Respectfully submitted this 31st day of August, 2006.

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GW

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RONALD S. COOPER General Counsel JAMES L. LEE Deputy General Counsel
ENDOLYN YOUNG REAMS Associate General Counsel EQUAL EMPLOYMENT OPPORTUNITYCOMMISSION 1801 L Street, NW Washington, D.C. 20507

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s/
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Mary Jo O’Neill MARY JO O’NEILL Regional Attorney

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Acting
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Phoeni

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Attorneys

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s/ Sally C. Shanley SALLY C. SHANLEY
Supervisory Trial Attorney s/ Karen E. Nutter KAREN E. NUTTER Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Phoenix District Office 3300 N. Central Ave. Suite 690
x, Arizona 85012 for Plaintiff
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IN THE UNITED STATES DISTRICT COURT
7
FOR THE DISTRICT OF ARIZONA
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9
EQUAL EMPLOYMENT OPPORTUNITY )

10
COMMISSION,

)
) No.: CIV 06-2099-PHX-SMM

11

Plaintiff,

) ) Order

12

vs.

) )

13 MRS ASSOCIATES, INC.,

) )

14

Defendant.

)

15

16

Pending before the Court is the parties’ Joint Stipulation Re: Settlement. (Dkt.

17 41). Good cause appearing,

18

IT IS HEREBY ORDERED APPROVING the parties’ Joint Stipulation Re:

19 Settlement. (Dkt. 41)

20

IT IS FURTHER ORDERED that the parties shall abide by the terms of the

21 attached Settlement Agreement. The Court shall retain jurisdiction over any action to

22 enforce the Settlement Agreement for eighteen months following the entry of this Order

23 provided, that upon application by the Commission and good cause showing, the Court

24 may extend the duration of its jurisdiction of this action to enforce compliance with the

25 Settlement Agreement as set forth in the agreement.

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1

IT IS FURTHER ORDERED that this action is DISMISSED WITH

2 PREJUDICE, with each party to bear its own costs and attorneys' fees incurred in this

3 action as of the date of the entry of this order.

4

Dated this 21st day of August, 2007.

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1

SETTLEMENT AGREEMENT

2

3

INTRODUCTION

4

The United States Equal Employment Opportunity Commission (the

5 “Commission” or “EEOC”) filed its Complaint against MRS Associates, Inc.

6 (“Defendant” or “MRS”) to enforce Title VII of the Civil Rights Act of 1964, 42 U.S.C. §

7 2000e et seq. (Title VII), the Civil Rights Act of 1991, 42 U.S.C. §1981a, and the Equal

8 Pay Act of 1963, 29 U.S.C. § 206 et seq. (EPA). The EEOC alleged in the Complaint

9 that MRS discriminated against Lisa Kradel and class member Alana Chavez on the basis

10 of their sex by subjecting them to sexual harassment. The Commission also alleged

11 Defendant retaliated against Ms. Kradel by firing her after she complained about the

12 harassment and that Defendant violated Title VII and the EPA by paying Ms. Kradel

13 lower wages than her male successor.

14

In the interest of resolving this matter, and as a result of having engaged in

15 comprehensive settlement negotiations, the parties have agreed that this action should be

16 resolved by this Settlement Agreement. The parties do not object to the jurisdiction of

17 the Court over this action.

18

1. This Settlement Agreement resolves all claims of the Commission against

19 Defendant, including compensatory and punitive damages, liquidated damages, interest

20 and injunctive relief.

21

2. The parties agree that the Court has jurisdiction over the parties and the

22 subject matter of this Action pursuant to Title VII of the Civil Rights Act of 1964, as

23 amended, 42 U.S. Code § 2000e et seq. and Equal Pay Act of 1963, 29 U.S.C. § 206 et

24 seq.

25

3. Unless otherwise specified, any reference to Defendant in this Settlement

26 Agreement refers to the Defendant’s Arizona location(s), only.

27

4. This Settlement Agreement and its terms shall not be construed as an

28 admission of liability whatsoever on the part of MRS Associates, Inc., by whom liability

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1 is and always has been denied. This agreement is made solely in compromise and

2 settlement of disputed claims.

3

INJUNCTION

4

5. Defendant, and its successors and assigns, and all persons in active concert

5 or participation with it, both at the time that this Settlement Agreement becomes effective

6 and for the duration of this Settlement Agreement, are enjoined from: (a) sexually

7 harassing any employee; (b) paying lower wages to any employee based on sex; and (c)

8 retaliating against any employee because he or she: (i) opposes or opposed

9 discriminatory practices made unlawful by Title VII; (ii) files or filed a charge of

10 discrimination or assists, assisted, participates, or participated in the filing of a charge of

11 discrimination; or (iii) assists, assisted, participates, or participated in an investigation or

12 proceeding brought under the federal and state laws prohibiting discrimination or

13 retaliation. Nothing in this Injunction shall alter the process or procedures by which

14 charges of discrimination or retaliation against defendant, if any, are processed and

15 investigated.

16

MONETARY RELIEF

17

6. Defendant shall pay the gross sum of $157,500.00 (“Settlement Amount”)

18 in damages as full settlement of all of the claims made in this lawsuit. Out of this

19 amount, $127,500.00 will be allocated to Ms. Kradel and $30,000.00 to Ms. Chavez. It is

20 agreed that the funds paid pursuant to this Settlement Agreement shall be designated as

21 compensatory damages.

22

7. Defendant will not condition the receipt of individual relief on Ms. Kradel’s

23 or Ms. Chavez’s agreement to (a) maintain as confidential the terms of this decree, or (b)

24 waive their statutory right to file a charge with any federal or state anti-discrimination

25 agency.

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8. Defendant shall pay the settlement amounts specified in paragraph six (6)

27 of this Settlement Agreement to Ms. Kradel and Ms. Chavez in immediately negotiable

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1 funds within ten (10) days of entry of this Settlement Agreement at addresses provided by

2 the Commission.

3

9. Defendant shall issue United States Internal Revenue Service Form 1099 to

4 Ms. Kradel and Ms. Chavez for amounts designated as compensatory damages for the tax

5 year during which payment is made.

6

10. Within five business days of the issuance of the settlement monies,

7 Defendant shall submit copies of the payment to Ms. Kradel and Ms. Chavez and all

8 related correspondence to Mary Jo O’Neill, Regional Attorney, Equal Employment

9 Opportunity Commission, 3300 North Central Avenue, Suite 690, Phoenix, Arizona

10 85012.

11

NOTICE

12

11. Within thirty (30) days of the entry of this Settlement Agreement,

13 Defendant shall post the Notice attached as Exhibit A in a prominent place frequented by

14 its employees at its facilities located in the state of Arizona. The Notice shall remain so

15 posted for eighteen months. The Notice shall be the same type, style and size as set forth

16 in Attachment A to this Settlement Agreement.

17

OTHER RELIEF

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12. Defendant agrees to carry out policies and practices at its facilities in the

19 state of Arizona that help assure a work environment free from sexual harassment and

20 wage discrimination and that allows employees to raise concerns, or complaints without

21 retaliation about matters, whether alleged, perceived or actual, made unlawful by Title

22 VII and the EPA.

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13. Within thirty (30) days of the entry of this Settlement Agreement,

24 Defendant shall establish and maintain a written policy that prohibits discrimination

25 based on gender, including sexual harassment and wage discrimination, as well as a

26 policy against retaliation. This policy shall be circulated to all of Defendant’s employees

27 within thirty (30) days. These written policies must include at a minimum:

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A. A strong and clear commitment to a workplace free of wage

2 discrimination and unlawful termination based on sex;

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B. A clear and complete definition of wage discrimination and unlawful

4 termination based on sex;

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C. A statement that wage discrimination and unlawful termination

6 based on sex is prohibited and will not be tolerated;

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D. A clear and strong encouragement of persons who believe they have

8 been subjected to wage discrimination or unlawful termination based on sex to come

9 forward;

10

E. The identification of specific individuals, internal and external to

11 Defendant, with their telephone numbers, to whom employees who have been subjected

12 to sexual harassment, wage discrimination or retaliation, can report the unlawful conduct,

13 including a written statement that employees may report the unlawful conduct to

14 designated persons outside of their chain of management. The statement shall explain

15 that, should a non-English speaking employee seek to report sexual harassment, wage

16 discrimination or retaliation, Defendant shall retain an interpreter for purposes of taking

17 the report and further communicating with the employee about the reported incidents;

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F. An assurance that Defendant will investigate allegations of sexual

19 harassment, wage discrimination and retaliation promptly, fairly, reasonably and

20 effectively, using appropriate investigators and that appropriate corrective action will be

21 taken by Defendant to make victims whole and to eradicate the unlawful conduct.

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G. A description of the consequences, up to and including termination,

23 that will be imposed upon violators of the policy;

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H. A promise of maximum feasible confidentiality for persons who

25 believe that they have been subjected to sexual harassment, wage discrimination or

26 retaliation;

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I. An assurance of non-retaliation for persons who believe they have

2 been subjected to sexual harassment, wage discrimination or retaliation, and for

3 witnesses.

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14. These policies shall be distributed to each of Defendant’s current

5 employees within ninety (90) days of the entry of this Settlement Agreement. These

6 policies shall be distributed to all new employees of Defendant when hired and reissued

7 to each employee once a year for the term of this Settlement Agreement. These policies

8 also shall be posted in a prominent place frequented by the employees.

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15. Defendant shall promptly and appropriately investigate all complaints by its

10 employees of sexual harassment, wage discrimination and retaliation. The investigation

11 must include a finding of whether the alleged conduct occurred; a credibility assessment,

12 if necessary; interviews of all potential victims and witnesses identified; and concurrent

13 notes of the investigation. Defendant shall take immediate appropriate corrective action

14 to make victims of the unlawful conduct whole, to discipline those who engaged in the

15 unlawful conduct, and to eradicate the unlawful conduct.

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16. Defendant shall not retain documents related to the investigation of

17 complaints of sexual harassment, wage discrimination or retaliation in any of the

18 complainant's personnel files. All disciplinary actions taken against employees for

19 violation of Defendant’s policies regarding sexual harassment, wage discrimination or

20 retaliation, shall be retained in the wrongdoer’s personnel file. In those cases in which no

21 conclusion could be reached on the allegations, the investigation documents shall be

22 retained in an investigation file.

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17. Within ninety (90) days from the entry of this Settlement Agreement,

24 Defendant agrees to provide training to its employees, supervisors and managers of its

25 facilities in the state of Arizona on sexual harassment, wage discrimination and

26 retaliation, according to the following terms:

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A. Defendant shall retain and pay a consultant/lecturer

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who shall provide training to its employees located in Arizona or any

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other employee with Human Resources responsibility for Defendant’s

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Arizona location(s) for a period of eighteen months from the date of this

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Settlement Agreement, on the issues of sexual harassment, wage

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discrimination and retaliation.

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B. During the eighteen months, the consultant/lecturer

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shall conduct one live training seminar that will be videotaped by a

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qualified videographer. All of Defendant’s Arizona employees and

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supervisors, both managerial and non-managerial, shall attend the live

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seminar or a videotaped showing of the live seminar within 120 days

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from the date of this Settlement Agreement. Top management of the

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Arizona office shall attend the live seminar. In addition, Defendant’s

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top national management officials, including its Owners, President, and

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Human Resources officials with responsibility for the Arizona

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location(s), shall attend the live seminar. New employees shall view the

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videotape within thirty (30) days of commencing employment.

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Defendant may have duplicative videotaped seminars to accommodate

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staffing needs. Defendant shall be responsible for any additional costs

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to provide such duplicative seminars.

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C. Defendant shall obtain the EEOC's approval of the

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consultants/lecturers selected by Defendant to provide the training

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described above. At least thirty (30) days prior to the proposed training

22

seminar, Defendant shall submit the name(s), address(es), telephone

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number(s) and resume(s) of the proposed consultant/lecturer(s), together

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with the dates of the proposed training seminar and an outline of the

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contents of the training, to the Regional Attorney of the Phoenix District

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Office of the EEOC, at the address provided in paragraph ten above.

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The Commission shall have fifteen (15) days from the date of receipt of

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the information described above to accept or reject the proposed

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consultant/lecturer(s) and/or the contents of the seminar. In the event

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the Commission does not approve the designated consultant/lecturer(s)

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and/or the contents of the training, the Commission shall designate the

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consultant/lecturer at a cost not to exceed $5,000 per seminar, which

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shall be paid by Defendant.

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D. The training seminars shall be no less than two hours,

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plus fifteen to thirty minutes of questions and answers. All of

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Defendant’s employees shall register when they attend a training

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seminar. The registry of attendance shall be retained by Defendant for

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three years.

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E. The seminars shall include: (1) the subject of what

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constitutes sexual harassment and wage discrimination; (2) the subject

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of what constitutes retaliation for engaging in a protected activity under

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Title VII of the Civil Rights Act of 1964; and (3) to whom and by what

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means employees may complain if they feel they have been

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discriminated against based on sexual harassment, wage discrimination

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and/or retaliation. The seminar shall also review and explain

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Defendant’s policies set out in paragraph thirteen of this Settlement

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Agreement.

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F. The Commission shall have the right to view a copy of

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the videotaped live training seminar.

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18. To the extent necessary, Defendant shall expunge from the personnel files

23 of Ms. Kradel and Ms. Chavez (a) all references to the charges of discrimination filed

24 against Defendant that formed the basis of this action; (b) all references to Ms. Kradel’s

25 and Ms. Chavez’s participation in this action.

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19. Within ten (10) business days after the Entry of this Settlement Agreement,

27 Defendant shall provide Ms. Kradel and Ms. Chavez with neutral letters of reference

28 addressed “To Whom it May Concern.” In these letters, Defendant shall provide,

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1 pursuant to Defendant’s standard policy, Mss. Kradel’s and Chavez’s dates of

2 employment with Defendant, last title held with Defendant, and last rate of pay. The

3 letter will also state that if a reference is needed to contact Jeff Freedman and it will

4 provide his contact information. Mss. Kradel and Chavez will direct any future employer

5 who needs a reference for Ms. Kradel or Ms. Chavez to Jeff Freedman, who will be

6 solely responsible for handling such request.

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REPORTING BY DEFENDANT AND ACCESS BY EEOC

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20. Defendant shall report in writing and in affidavit form to the Regional

9 Attorney of the Commission's Phoenix District Office, at the address provided in

10 paragraph ten above, beginning six months from the date of the entry of this Settlement

11 Agreement, and one year thereafter, the following information:

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a) Copy of the revised policies required in paragraph thirteen of this

13 Settlement Agreement.

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b) Any changes, modifications, revocations, or revisions to its policies

15 and procedures which concern or affect the subjects of unlawful discrimination based on

16 sexual harassment, wage discrimination and/or retaliation.

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c) The name, address, position, social security number, and telephone

18 number of any individual who has brought allegations, whether formal or informal, of

19 sexual harassment, wage discrimination and/or retaliation for engaging in a protected

20 activity against Defendant’s personnel including, but not limited to, management officials

21 and/or non-management employees. The nature of the complaint, investigatory efforts

22 made by Defendant, and corrective action taken, if any, also shall be specified.

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d) The registries of persons attending the training seminars required in

24 paragraph 17(d) of this Settlement Agreement and a list of current personnel employed

25 by Defendant on the days of the seminar training sessions.

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e) Confirmation that (1) the Notice required in paragraph eleven of this

27 Settlement Agreement was posted in English, and the locations where it was posted; (2)

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1 the policies required in paragraph thirteen were distributed to each current and new

2 employee of Defendant, and posted.

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21. The Commission, upon reasonable notice and agreement, shall have the

4 right to enter and inspect Defendant’s Arizona premises and work sites to ensure

5 compliance with this Settlement Agreement.

6

PROCEDURES AND REMEDIES FOR NON-COMPLIANCE

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22. In the event that the Commission believes that Defendant has failed to

8 comply with any provision(s) of this Settlement Agreement, it shall notify Defendant in

9 writing of the non-compliance by fax and by overnight mail to the counsel and the

10 corporate officer who sign this Settlement Agreement on Defendant’s behalf, or to his or

11 her successor, and afford Defendant forty-five days after service of the notice to remedy

12 the non-compliance.

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23. If Defendant has not remedied the alleged non-compliance in forty-five

14 (45) days after service of notice, the EEOC may petition this Court to enforce the terms

15 of the Settlement Agreement at any time during its duration.

16

24. In the event the Court finds that Defendant has violated this Settlement

17 Agreement, as evidenced by a final judgment against Defendant, the Court may order

18 reasonable relief to remedy the non-compliance, including attorneys’ fees, daily fines,

19 appropriate injunctive relief, and extension of this Settlement Agreement for such period

20 as may be necessary to remedy its non-compliance.

21

COSTS AND DURATION

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25. Each Party shall bear its costs and attorney's fees incurred as a result of this

23 action through the filing of this Settlement Agreement.

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26. The duration of this Settlement Agreement shall be eighteen months from

25 its entry. This Court shall retain jurisdiction over this action for the duration of the

26 Settlement Agreement, during which the Commission may petition this Court for

27 compliance with this Settlement Agreement. Should the Court determine that Defendant

28 has not complied with this Settlement Agreement, the Court may order appropriate relief,

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1 including extension of this Settlement Agreement for such period as may be necessary to 2 remedy its non-compliance, an award of attorney’s fees and costs, and fines for contempt 3 of court.
27. In the event Defendant is in non-compliance with any provision of this
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Settlement Agreement, and the Commission petitions the Court to order Defendant to
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comply, Defendant shall pay all attorney’s fees and costs incurred by the Commission to
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enforce the Settlement Agreement, if ordered.
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28. Absent extension, this Settlement Agreement shall expire by its own terms at the
8
end of eighteen months from the date of entry without further action by the Parties.
9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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U.S. District Court DISTRICT OF ARIZONA (Phoenix Division) CIVIL DOCKET FOR CASE #: 2:06-cv-02099-SMM

CLOSED, STD

Equal Employment Opportunity Commission v. MRS Associates Inc Assigned to: Judge Stephen M McNamee Cause: 42:2000 Job Discrimination (Sex)

Date Filed: 08/31/2006 Date Terminated: 08/22/2007 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Karen E Nutter EEOC 3300 N Central Ave Ste 690 Phoenix, AZ 85012-1848 602-640-4773 Email: karen.nutter@eeoc.gov TERMINATED: 12/27/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Mary Joleen O'Neill EEOC 3300 N Central Ave Ste 690 Phoenix, Az 85012-1848 602-640-5044 Fax: 602-640-5009 Email: mary.oneill@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sally Clifford Shanley EEOC 3300 N Central Ave Suite 690 Phoenix, AZ 85012-1848 602-640-5007 Fax: 602-640-5009 Email: sally.shanley@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

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V. Defendant MRS Associates Inc

Michelle Tamara Deutsch EEOC 3300 N Central Ave Ste 690 Phoenix, AZ 85012 602-640-4773 Email: michelle.deutsch@eeoc.gov ATTORNEY TO BE NOTICED
represented by Christa Dalton Torralba Fennemore Craig PC 3003 N Central Ave Ste 2600 Phoenix, AZ 85012-2913 602-916-5000 Fax: 602-916-5669 Email: ctorralba@fclaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Donald Roy Gilbert Fennemore Craig PC 3003 N Central Ave Ste 2600 Phoenix, AZ 85012-2913 602-916-5000 Fax: 602-916-5506 Email: dgilbert@fclaw.com ATTORNEY TO BE NOTICED

Date Filed 08/31/2006 08/31/2006
09/01/2006 11/24/2006

# Docket Text
1 COMPLAINT, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(Nutter, Karen) (Entered: 08/31/2006)
2 This case has been assigned to the Honorable Earl H. Carroll. All future pleadings or documents should bear the correct case number: CV06-2099-PHX-EHC. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (ESH, ) (Entered: 09/01/2006)
3 Summons Issued as to MRS Associates Inc. (ESH, ) (Entered: 09/01/2006)
4 WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. MRS Associates Inc waiver sent on 10/19/2006, answer due 12/18/2006. (Nutter, Karen) (Entered: 11/24/2006)

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12/18/2006 12/18/2006 12/21/2006
12/27/2006 12/29/2006 01/04/2007 01/22/2007 02/02/2007
03/14/2007 03/15/2007 03/15/2007 03/16/2007 03/16/2007
04/05/2007 04/09/2007

5 ANSWER to Complaint by MRS Associates Inc.(Gilbert, Donald) (Entered: 12/18/2006)
6 Corporate Disclosure Statement by MRS Associates Inc. (Gilbert, Donald) (Entered: 12/18/2006)
7 ORDER REASSIGNING CASE. That Judge Earl H. Carroll recuses himself. Case reassigned by random draw to Judge Stephen M McNamee for all further proceedings. Future pleadings filed in this case shall bear the new case number CV 06-2099-PHX-SMM. Judge Earl H Carroll no longer assigned to case. Signed by Judge Earl H Carroll on 12/20/06. (DMT, ) (Entered: 12/21/2006)
8 NOTICE of Attorney Substitution by Michelle Tamara Deutsch (Deutsch, Michelle) (Entered: 12/27/2006)
9 Standard Civil Track Initial ORDER. Signed by Judge Stephen M McNamee on 12/29/2006. (TCA, ) (Entered: 12/29/2006)
10 Notice re Preparedness for Scheduling Conference by Equal Employment Opportunity Commission (Deutsch, Michelle) (Entered: 01/04/2007)
Notice of request for e-notices by Christa Torralba. (Torralba, Christa) (Entered: 01/22/2007)
11 ORDER Scheduling Conference set for 4/12/2007 04:00 PM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Stephen M McNamee.. Signed by Judge Stephen M McNamee on 2/1/2007. IT IS FURTHER ORDERED that the Clerk of the Court send copies of this Order to all counsel of record and to all parties, if any, appearing in propria persona.(TCA, ) (Entered: 02/02/2007)
12 Notice re Notice of Service of Defendant's Initial Disclosure Statement by MRS Associates Inc (Torralba, Christa) (Entered: 03/14/2007)
13 STIPULATION for Telephonic Appearance at Rule 16 Preliminary Pretrial Conference by MRS Associates Inc. (Attachments: # 1 Text of Proposed Order)(Torralba, Christa) (Entered: 03/15/2007)
14 Notice re Service of Initial Rule 26(a)(1) Disclosure by Equal Employment Opportunity Commission (Deutsch, Michelle) (Entered: 03/15/2007)
15 Notice re Notice of Service of Defendant's Interrogatories and Requests for Production by MRS Associates Inc (Torralba, Christa) (Entered: 03/16/2007)
16 ORDER re 13 STIPULATION for Telephonic Appearance. Defendant MRS Associates Inc.'s out-of-state party representative may appear telephonically at the April 12th Rule 16 Conference. Signed by Judge Stephen M McNamee on 03/16/07. (ESL) (Entered: 03/16/2007)
17 REPORT of Joint Case Management Plan by Plaintiff Equal Employment Opportunity Commission, Defendant MRS Associates Inc. (Deutsch, Michelle) (Entered: 04/05/2007)
18 Notice re Notice of Service of First Supplemental Disclosure Statement by MRS Associates Inc (Torralba, Christa) (Entered: 04/09/2007)

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04/10/2007 04/11/2007
04/12/2007
04/16/2007 05/07/2007 05/07/2007 05/08/2007 05/09/2007 05/10/2007 05/25/2007 05/25/2007 06/06/2007 06/08/2007
06/14/2007

19 MOTION for Leave to Appear: Telephonic at Preliminary Pretrial Conference by Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order Kradel to Appear Telephonically)(Deutsch, Michelle) (Entered: 04/10/2007)
20 ORDER granting 19 Motion for Leave to Appear telephonically at the 4/12/07 hearing. Ms. Kradel shall call coordinate a conference call with Defendant MRS Associates Inc's out-of-state party representative and they shall call the Court on a clear telephone line at 3:55 p.m. Mountain Standard Time at 602-322- 7555.. Signed by Judge Stephen M McNamee on 4/11/07.(DMT, ) (Entered: 04/11/2007)
21 Minute Entry. Proceedings held before Judge Stephen M McNamee : Apr. Michelle Deutsch adn Michelle Marshal for pla, Donald Gilbert Torralba for dft- Telephonic apr. Lisa Kradel and Darren SchulmanScheduling Conference held on 4/12/2007.Court Order to follow. (Court Reporter Gary Moll.) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TCA, ) (Entered: 04/13/2007)
22 SCHEDULING ORDER: Discovery due by 10/12/2007.,Dispositive motions due by 12/7/2007.. Signed by Judge Stephen M McNamee on 4/12/07. (DMT, ) (Entered: 04/16/2007)
23 Notice re Service of Discovery to Defendant by Equal Employment Opportunity Commission (Deutsch, Michelle) (Entered: 05/07/2007)
24 Notice re Service of First Discovery Responses by Equal Employment Opportunity Commission (Deutsch, Michelle) (Entered: 05/07/2007)
25 NOTICE of Deposition of Lisa Kradel, filed by MRS Associates Inc. (Torralba, Christa) (Entered: 05/08/2007)
26 NOTICE of Deposition of Lisa Kradel, filed by MRS Associates Inc. (Torralba, Christa) (Entered: 05/09/2007)
27 Notice re First Supplemental Response to Defendant's Request for Production by Equal Employment Opportunity Commission (Deutsch, Michelle) (Entered: 05/10/2007)
28 AFFIDAVIT OF SERVICE of subpoena served on Cingular Wireless on 5/16/2007. (DMT, ) (Entered: 05/29/2007)
29 AFFIDAVIT OF SERVICE of subpoena served on Verizon Wireless on 5/16/2007. (DMT, ) (Entered: 05/29/2007)
30 STIPULATION for Assignment to Magistrate Judge for Settlement Conference by MRS Associates Inc. (Torralba, Christa) (Entered: 06/06/2007)
31 ORDER re 30 STIPULATION for Assignment to Magistrate Judge for Settlement Conference; directing the parties to contact the Chambers of Magistrate Judge Aspey to schedule a settlement conference in this matter.IT IS FURTHER ORDERED that the Clerk of Court shall send a copy of this Order to Magistrate Judge Aspey.. Signed by Judge Stephen M McNamee on 6/7/07. (DMT, ) (Entered: 06/08/2007)
32 ORDER Settlement Conference set for 7/23/2007 10:00 AM in Suite 200, 123 North San Francisco Street, Flagstaff, AZ 86001 before Magistrate Judge Mark E Aspey. Signed by Judge Mark E Aspey on 6/14/07. (MEA,ps) (Entered: 06/14/2007)

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06/22/2007 06/25/2007 06/28/2007
06/28/2007 07/06/2007 07/10/2007 07/10/2007 07/23/2007 08/20/2007
08/22/2007

33 NOTICE of Deposition of Saul Freedman, filed by Equal Employment Opportunity Commission. (Deutsch, Michelle) (Entered: 06/22/2007)
34 Notice re Service of Defendant's Responses to Plaintiff EEOC's First Request for Admissions by MRS Associates Inc (Gilbert, Donald) (Entered: 06/25/2007)
35 Notice re Notice of Service of Defendant's Responses to Plaintiff's First Request for Production of Documents by MRS Associates Inc (Torralba, Christa) (Entered: 06/28/2007)
36 Notice re Notice of Service of Defendant's Answers to Plaintiff's First Set of Interrogatories by MRS Associates Inc (Torralba, Christa) (Entered: 06/28/2007)
37 Notice re Notice of Service of Defendant's Second Supplemental Disclosure Statement by MRS Associates Inc (Torralba, Christa) (Entered: 07/06/2007)
38 Notice re Notice of Service of Defendant's Third Supplemental Disclosure Statement by MRS Associates Inc (Torralba, Christa) (Entered: 07/10/2007)
39 Notice re Notice of Service of Subpoena Directed to Cingular Wireless by MRS Associates Inc (Torralba, Christa) (Entered: 07/10/2007)
40 ORDER vacating settlement conference of 7/23/07 as settlement has been reached.. Signed by Judge Mark E Aspey on 7/23/07. (DMT, ) (Entered: 07/23/2007)
41 Joint MOTION to Approve Consent Judgment by Equal Employment Opportunity Commission, MRS Associates Inc. (Attachments: # 1 Exhibit Settlement Agreement# 2 Text of Proposed Order)(Deutsch, Michelle) (Entered: 08/20/2007)
42 ORDER DISMISSING CASE with prejudice, with each party to bear its own costs and attorneys' fees incurred in this action as of the date of the entry of this order re: joint stipulation re: settlement 41 . Court retains jurisdiction over enforcement of settlement agreement.. Signed by Judge Stephen M McNamee on 8/21/07. (DMT, ) (Entered: 08/22/2007)

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