IN THE UNITED STATES DISTRICT C~.~ FOR THE NORTHERN DISTRICT OF
EASTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

~~-.~

Plaintiff,

DUTCH FARMS, INC.
Defendant.
NATURE OF THE ACTION ~ This is an action under Title VLI of the Civil Rights Act of 1964 and Title I .of the Civil, Rights Act of 1991 to correct uniawfal employment practices on the basis of race, and~o pro~fde appropriate relief to Bemard Harper and a class of African-American employees who werdadvers~ly affected by such practices. Plaintiff Equal Employment Opportunity Commission ("EEOC") alleges that Defendant Dutch Farms, Inc. ("Dutch Farms") subjected Bernard Harper and a class of AfricanAmerican employees to a pattern or practice of harassment because of their race (African-American).
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451,1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Sections 706(0(1) and (3) and 707 of Title VII of the Civil Rights Act of 1964 ("Title VII"), as amended, 42 U.S.C. § 2000e-5(f)(1) and (3) and 42 U.S.C. § 2000e-6, and Section 102 of the Civil Rights Act of 1991, 42 U.S.C÷ § 1981a. 2. The employment practices alleged to be unlawful were and are now being committed within the jurisdiction of the United States District Court for the Northern District of Illinois.

PARTIES 3. Plaintiff, the EEOC, 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(f)(1) and (3) and 707 of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3) and 42 U.S.C. § 2000e-6. 4. At all relevant times, Defendant Dutch Farms, an Illinois corporation, has continuously been doing business in the State of Illinois and the City of Chicago, and has continuously had at least 15 employees. 5. At all relevant times, Defendant Dutch Farms has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 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 the institution of this lawsuit, Bernard Harper flied a charge with the EEOC alleging violations of Title VII by Defendant Dutch Farms. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least August 2000, Defendant Dutch Farms has engaged in unlawful employment practices at its Chicago, Illinois facility, in violation of Section 703 of Title VII, 42 U.S.C. § 2000e-2(a)(1). Such unlawful employment practices include subjecting Bernard Harper and a class of African-American employees to a pattern or practice of racial harassment, including, but not limited to offensive raciat remarks, jokes, and graffiti. 8. The effect of the practices complained of in paragraph 7 above has been to deprive Bernard Harper and a class o fAfrican-American employees of equal employment opportunities and otherwise adversely affect their status as employees, because of their race.
2

9. The unlawful employment practices complained of in paragraph 7 above were and are intentional.
10. The unlawful employment practices complained of in paragraph 7 above were mad are done with malice or with reckless indifference to the federally protected rights of Bernard Harper and a class of African-American employees.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Dutch Farms, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in a pattern or practice of racial harassment and any other employment practice which discriminates ort the basis of race. B. Order Defendant Dutch Farms to institute and carry out policies, practices, and programs which provide equal employmel~t opportunities for African-Americans, and which eradicate the effects of its past and present unlawful employment practices C. Order Defendant Dutch Farms to make whole Bernard Harper and a class of AfricanAmerican employees, by providing compensation for past and furore pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, in amounts to be determined at trial. D. Order Defendant Dutch Farms to make whole Bernard Harper and a class of AfricanAmerican employees by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained o fin paragraph 7 above, including emotional pain, suffering, inconvenience, loss of enjoyment of life, and hmnitiation, in amounts to be determined at trial. E. Order Defendant Dutch Farms to pay Bernard Harper and a class of Afi’ican-

American employees punitive damages for its malicious and reckless conduct described in paragraph 7 above, in amounts to be determined at trial.
F. Grant such further relief as the Court deems necessary and proper in the public interest.
G. Award the Commission its costs of this action.

JURY TRIAL DEMAND

The Commission requests a jury trial on alI questions of fact raised by its complaint.

NICHOLAS INZEO Acting Deputy General Counsel

GWENDOLYN YOUNG REAMS Associate General Counsel

~

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
1801 L Street, N.W. [ashin~ol L~DC 20507 /
:gional Attorney

x’~-~ NoVelle Bre~ar~ Supervisory Trial Attorney

Ann Henry Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Chicago District Office 500 West Madison Street Chicago, Illinois 60661 (312) 353-8558

S

Civil Cover Sheet t

ht~ ://www.ilnd.us court& gov/PUBLIC/Forrns/auto._is44.,

"~JNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS

Ciyil Cover ,,,Sheet
This automated JS-44 conforms generally to the manual JS-44 approved by the Judicial Conference of the United States in September 1974. The data is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. The information contained herein neither replaces nor suppIements the filing and service of pleadings or other papers as required by law. This form is authorized for use ~ in the Northern District of Illinois.

Plaintiff(s): U.S. EQUAL EMPLOYMENT

OPPORTUNITY COMMISSION

Defendant(s):DUTCH FARMS, INC.

County of Residence:

County of Residence:

Plah~tiffs Atty: Ann Hem-y

Defendant’s Arty:

Equal Employmem Opportunity

Commission

500 W. Madison, Suite 2800,

Chicago, IL 60661

312-353-8558

II. Basis of Jurisdiction:

1. U.S. Gov’t Plaintiff

lII. Citizenship of Principal Parties (Diversity Cases Only)
Plaintiff:- N/A Defendant:- N/A

Origin’

1. Original Proceeding

V. Nature of Suit:

442 Employment

VI.Cause of Action:

Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights

Act of 1991 to correct the unlawful employment practices on the basis

of race.

VII. Requested in Complaint

Class Action:

Dollar Demand:

Jury Demand: Yes

VIII. This case IS NOT a refiling of a previously dismissed case.

Signature:

1 of 2

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS
..,.::--~_~,....~.,..--~-...,...~.,.,........~-~,~,.:in the Matter of Eastern Division O~#f~

~PE~CES ~ ~BY F~ED BY T~ ~ERSIG~D AS A~O~Y(S) FOR:
.... : .....

~ ~ ~

SIGNATURE
NAIvIE
FIRM
Equal Empl,o~ment Oppommit~ Comm~.s, sion
STREET ADDRESS
500 W. Ma..dison~ Suite 2800
CITY/STATE/ZIP
Chicago, IL 60661
IDENTIFICATION NUMBER (SEE ITEM ~ O~ REVERSE)
ARDC No. 06272394

Eoual !

EmD..l,ovment

Oppomm"aw’ C, gm~m’~on

~.:..-,.~’,~-’.

STREET ADDRESS

[

500 W. M~son, Suite 2800

CMcago, IL 60661
TELEPHO~ ~MBER
(312) 353-7582
IDENTWIC.IATION NUMBER (SEE ITEM 4 ON R~VERSE)
ARDC No. 06228901
MEMBER OF TRIAL BAR?

- YES

=’,~.., ....
NO

///// ////

(o)
SIGNATURE

NAME
J~n C. ~Iendrickson

k~E~ual ~ aployment Opportunity Commission

8~DRESS
500 W. Madis,o,n, Suite 2800
CITY/STATE[ZgP
Chicago, IL 60661

STREET ADDRESS CITY/STATEf"IPz.

" "

"’ ’

TELEPNONE NUMBER
(3,,,t,,2) 353-8551
IDENTIFICATION NUMBER (SEE ITI~M 4 ON REVERSE)
ARDC No. 01187589

TF.LB.PH ONE Ni~vIB ER IDENTWICATION NUMBER (SEE ITeM 4 ON KEVERSE)

 
 ~c Order Form (0('/')7)

) ')

-

'" -

United States District Court, Northern District of lIIinois

Name of Assigned Judge or Magistrate Judge

Milton L Shadur

Sitting Judge if Other than Assigned .Judge

CASE NUMBER

02 C 2964

DATE

4/17/2003

CASE TITLE
MOTION:

USA EEOC vs, Dutch Farms, Inc,
[Ill the following box (a) indicate the party fiiing the motion, e.g., plaintiff, dclcmianL, 3nJ party pJailHiJ{ am] (b) sLate briclly the 11<\[un; orlhe motion being pn.::scntcd.1

DOCKET ENTRY:

(I) o

Filed motion of[ use listing in "Motion" box above,]

(2) o

Brief in support of motion due _ _ _'

(3)

o

Answer brief to motion due_ _ _ Reply to answer brief due_ _ _,

(4) o

Ruling/Hearing on _ _ _ set for ..,___ at _ __

(5) o

Status hearil1g[held/col1til1ued to] [set forlre-set for] on _ _ _ set for _ _ _ at _ _ _'

(6)

o

Pretrial conference[held/continued to] [set for/re-set for] on _ _ _ set for, '___ at _ __

(7) o

Tria I[set for/re-set for] on _ _ _ at _ _ _'

(8) o

[Bench/Jury trial] [Hearing] held/continued to _ _ _ at _ _ _'

(9) o

This case is dismissed [with/without] prejudice and without costs[by/agrccmcnt/pursumlt to]
o fRCP4(m) 0 Local Rule 4 LI 0 FRCP41(a)(l) 0 fRCP41(a)(2),

(10) •

[Other docket entry] Enter Consent Decree, This Court will retain jurisdiction of this matter to

enforce the Consent Decree, Each party shall bear its own expenses, costs and attorneys' fees,

• (I I)

[For further detail see order attached to the original minute order.]

No notices required, advised in open courL.
No notices required.

---;-
-

Notices mailed by judge's staff. Notificd counsel by (elepholle. Docketing to mail notices. Mail 1\0 450 focm. Copy to judge/magistmte judge.

courtroom

SN

deputy's

initials

DaLe/Lime received· in central Clerk's Ofiice

number oi"1ll1llccs
dale d'Kkeled
J~
,.l\>ekcllng depu(y IIl11ial5 4117/200.1
<i,nc maikd nOlicc SN
mailing depuly ""(<<lls

Document Number

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

',;.-)J.~:,:r-- '; \ " .,.,

UNITED STATES EQUAL EMPLOYMENT )

OPPORTUNITY COMMISSION

)

)

Plaintiffs,

)

)

v.

)

)

DUTCH FARMS, INC.,

)

)

)

Defendant.

)

No. 02 C 2964
Judge Shadur Magistrate Judge Scheinker

CONSENT DECREE THE LITIGATION
1. PlaintiffEqual Employment Opportunity Commission (the "EEOC") filed this action alleging that beginning in or around August 2000, Defendant Dutch Farms, Inc. ("Dutch Farms" or "Defendant"), violated Title VII of the Civil Rights Act of 1964,42 U.S.C. § 2000e et. seq., ("Title VII") by subjecting Charging Party Bernard Harper and a class of African-American employees to a pattern or practice of racial harassment in the form of racist remarks, jokes, and graffiti.
2, Dutch Farms had denied and continues to deny the EEOC and Bernard Harper's allegations and nothing contained in this Consent Decree shall be construed as an admission by Dutch Farms that it engaged in such conduct.
3. In the interest of resolving this matter, and as a result of having engaged in comprehensive settlement negotiations, the parties have agreed that this action should be finally

1

resolved by entry of this Consent Decree (hereafter "Decree"). This Decree fully and finally resolves any and all issues and claims arising out of, or relating to the Complaint filed by the EEOC in this action. This Decree also fully and finally resolves any and all issues and claims that EEOC could have asserted on behalf of Dutch Farms' employees identified to EEOC on October 15,2002.
FINDINGS
4. Having carefully examined the terms and provisions of this Decree, and based on the pleadings, record, and stipulations of the parties, the Court finds the following:
a. This Court has jurisdiction of the subject matter of this action and of the parties.
b. The terms of this Decree are adequate, fair, reasonable, equitable, and just. The rights of the Charging Party and the public interest are adequately protected by this Decree.
c. This Decree conforms with the Federal Rules of Civil Procedure and Title VII and is not in derogation of the rights or privileges of any person. The entry of this Decree will further the objectives of Title VII and will be in the best interests of Charging Party, Dutch Farms, EEOC and the public.
NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT: NON-DISCRIMINATION
5. Dutch Farms, its officers, agents (including management personnel), successors, and assigns are enjoined from discriminating against any employee on the basis of race; engaging in any action that is intended or known to have the effect of harassing an employee on the basis of
2

race; and/or pennitting the existence of a work environment that is hostile to employees because of their race. This sentence is not to be construed as an admission that Dutch Farms or its officers, agents, employees (including management personnel), successors or assigns engaged in such conduct in the past.
NON-RETALIATION 6. Dutch Farms, its officers, agents, employees, successors, assigns and all persons acting in concert with it shall not engage in any form of retaliation against any person because such person has opposed any practice made unlawful under Title VII, filed a Charge of Discrimination under Title VII, testified or participated in any manner in any investigation, proceeding, or hearing under Title VII, or asserted any rights under this Decree. This sentence is not to be construed as an admission that Dutch Farms or its officers, agents, employees (including management personnel), successors or assigns engaged in such conduct in the past or ever had any intention of engaging in such conduct.
MONETARY PAYMENT 7. Within five (5) business days after entry of this Decree, the EEOC will mail to class members a copy of the appropriate Release Agreement attached hereto. 8. Within five (5) business days after receipt by the EEOC of the signed Release Agreements, the EEOC shall mail the Release Agreements to Michael Collins, Collins & Collins, 332 South Michigan Ave., Suite 605, Chicago, Illinois 60604. 9 Within five (5) business days after receipt of the Release Agreements, Defendant will pay a total of $25,000 to be paid by certified check in the amounts specified in each Release
3

Agreement. 10. On each of the first, second and third anniversaries of this Agreement, Dutch
Farms will pay $5,000 to the Employment, Counseling, and Training Department of the Chicago Urban League, 220 S. State Street, 11th Floor, Chicago, IL 60604, for the purpose of job placement and vocational training.
POSTING OF NOTICE 11. Within five (5) business days after entry of this Decree, Dutch Farms shall post a same-sized copy of the Notice attached as Exhibit A to this Decree at its facility, in a conspicuous location easily accessible to and commonly frequented by employees and applicants for employment of Defendant. The Notice shall remain posted for 12 months from the date of entry of this Decree. Dutch Farms shall take all reasonable steps to ensure that the posting is not altered, defaced or covered by any other material. Dutch Farms shall certify to the EEOC in writing within ten (10) business days after entry of the Decree that the Notice has been properly posted. Dutch Farms shall permit a representative of the EEOC to enter its premises for purposes of verifying compliance with this Paragraph at any time during normal business hours with prior notice to its counsel.
RECORD KEEPING 12. For a period of three (3) years following entry of this Decree, Dutch Farms shall maintain and make available for inspection and copying by the EEOC records (including name, age, social security number, address, telephone number, complaint and resolution of the complaint) of each person complaining of harassment based on race. 13. Dutch Farms shall make all documents or records referred to in Paragraph 12,
4

above, available for inspection and copying within five (5) business days after the EEOC so requests from Dutch Farms' counsel.
14. Nothing contained in this Decree shall be construed to limit any obligation Dutch Farms may otherwise have to maintain records under Title VII or any other law or regulation.
REPORTING 15. At the request of the EEOC, Dutch Farms shall furnish to the EEOC the following written reports annually for a period of three (3) years following entry of this Decree. The first report shall be due twelve (12) months after entry of the Decree. The final report shall be due thirty-six (36) months after entry of the Decree. Each such report shall contain:
a. A description of each complaint of racial harassment and the resolution of such complaint, occurring within the twelve (12) month period preceding the report.
b. A certification by Dutch Farms that the Notice required to be posted in Paragraph 11, above, remained posted during entire twelve (12) month period preceding the report.
ADOPTION AND DISTRIBUTION OF POLICY AGAINST RACIAL HARASSMENT 16. Dutch Farms will rename is "Productive Work Environment" policy (policy 20IA
of Dutch Farms' Employee Manual) "Productive Work Environment/Anti-Harassment Policy." 17. Within 14 days after the entry of this Consent Decree, Dutch Farms will re-
distribute its "Productive Work Environment/Anti-Harassment Policy" to its employees. Dutch Farms shall include the forgoing policy in its Employee Manual and any future employee manuals. Dutch Farms will post the above policy in a conspicuous place customarily used for posting notices from management to employees or other statutory notices.
5

18. A copy of the above policy shall be distributed to each new permanent or temporary employee on the day the employee is hired.
TRAINING 19. Defendant shall provide training on the requirements of Title VII on the following terms:
a. Defendant shall retain and pay for a consultantllecturer ("trainer"), approved by the EEOC, to provide training with respect to racial harassment and with respect to the Policy implemented pursuant to Paragraph 16 above. Dutch Farms' attorneys, Michael R. Collins and Patrick Cage are approved as trainers.
b. The training will be provided to all Dutch Farms employees, including temporary employees, employed at the time of the training. A registry of attendance shall be retained by Dutch Farms for the duration of the Consent Decree.
c. Dutch Farms shall first provide training in accordance with Paragraph 19 (a) within ninety (90) calendar days of the entry ofthis Consent Decree. Dutch Farms shall then also provide such training on at least one occasion in calendar years 2004 and 2005.
20. Other than Michael R. Collins or Patrick Cage, Dutch Farms shall obtain the EEOC's approval of its proposed trainer prior to each year's set of training sessions. Dutch Farms shall submit the name, address, telephone number and 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 EEOC shall have fifteen (15) calendar days to identify an alternate trainer. The EEOC shall have fifteen (15) calendar days from the date of receipt of the information described above to accept or reject the
6

proposed trainer(s). In the event the EEOC does not approve Dutch Farms's designated trainer(s), Dutch Farms shall have fifteen (IS) calendar days from the date of receipt of the information described above to accept or reject the alternate trainer. In the event the EEOC does not approve Dutch Farms's alternate trainer, the EEOC shall designate the trainer to be retained and paid for by Dutch Farms.
21. Dutch Farms 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 EEOC has approved' of or designated a trainer for trainings one year, it is not required to approve of or designate the same trainer for future training sessions.
22. Dutch Farms shall certify to the EEOC in writing within five (5) business days after the trainings 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 trainings; (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.
DISPUTE RESOLUTION 23. 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 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 noncomplying party has complied. If the alleged non-complying party has not remedied the alleged non-compliance or satisfied the complaining party that it has complied within ten (10) business
7

days, the complaining party may apply to the Court for appropriate relief. DURATION OF THE DECREE AND RETENTION OF JURISDICTION
24. All provisions of this Decree shall be in effect (and the Court will retain jurisdiction of this matter to enforce this Decree) for a period of three (3) years immediately following entry of the Decree, provided, however, that if, at the end of the three (3) year period, any disputes under Paragraph 23, above, remain unresolved, the term of the Decree shall be automatically extended (and the Court will retain jurisdiction of this matter to enforce the Decree) until such time as all such disputes have been resolved.
MISCELLANEOUS PROVISIONS 25. Each party to this Decree shall bear its own expenses, costs and attorneys' fees. 26. The terms of this Decree are and shall be binding upon the present and future representatives, agents, directors, officers, assigns, and successors of Defendant. 27. When this Decree requires the submissions by Dutch Farms of reports, certifications, notices, or other materials to the EEOC, they shall be mailed to: Dutch Farms Settlement, clo Ann Henry, Trial Attorney, Equal Employment Opportunity Commission, 500 West Madison Street, Suite 2800, Chicago, Illinois 60661. When this Decree requires submission by the EEOC of materials to Dutch Farms, they shall be mailed to: Michael Collins, Collins & Collins, 332 South Michigan Ave., Suite 605, Chicago, lilinois 60604.
8

28. Signatures.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

DUTCH FARMS, INC. 700 E. 107th St.
Chicago, Illinois 60628 (773) 660-0900

Supervisory Trial Attorney Trial Attorney

ENTER:
~~G~ The Honorable Milton Shadur
United States District Court Judge

9

EXHIBIT A
NOTICE TO ALL DUTCH FARMS EMPLOYEES
This Notice is being posted pursuant to a Consent Decree entered by the federal court in EEOC v. Dutch Farms. Inc., No. 02 C 2964 (N.D. Ill.) settling a lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") against Dutch Farms, Inc., ("Dutch Farms").
In its suit, the EEOC alleged that Dutch Farms subjected Bernard Harper and a class of Afiican-America employees to racial harassment in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et. seq., ("Title VIr'). Dutch Farms denies that it subjected Bernard Harper or any Afiican-American employees to racial harassment in violation of any law and has entered into this settlement to avoid protracted litigation.
To resolve the case, Dutch Farms and the EEOC have entered into a Consent Decree which requires, among other things, that:
1) Dutch Farms will pay $40,000 as provided in the Consent Decree.
2) Dutch Farms will not engage in racial harassment and it will not retaliate against any person because he or she opposed any practice made unlawful by Title VII, filed a Title VII charge of discrimination, participated in any Title VII proceeding, or asserted any rights under the Consent Decree.
The EEOC enforces the federal laws against discrimination in employment on the basis of disability, race, color, religion, national origin, sex, and age. If you believe you have been discriminated against, you may contact the EEOC at (312) 353-8195. The EEOC charges no fees and has employees who speak languages other than English.
THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE
This Notice must remain posted for twelve months 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: Dutch Farms Settlement, EEOC 500 West Madison Street, Suite 2800, Chicago, llIinois 60661.

4:1 I?, .<003
Date

The Honorable Milton Shadur United States District Court Judge

10

WAIVER AND RELEASE I, Bernard Harper, for and in consideration of the sum of $4,000.00, representing all amounts payable to me under the terms of a Consent Decree entered by the Court on (insert date), the sufficiency of which is hereby acknowledged, receipt to be effective upon the payee's endorsement of a check for the above sum, on behalf of myself, my heirs, assigns, executors and agents, do hereby forever release, waive, acquit and discharge DUTCH FARMS, INC., all past and present subsidiaries, divisions, affiliated companies, officers, directors, employees, successors, agents and assigns of DUTCH FARMS, INC. (severally and collectively herein called "Releasee"), from any and all claims, demands, debts, causes of action, obligations, damages, costs (including attorney' s fees) and liabilities of any kind or nature which I now have or may ever have had against DUTCH FARMS, INC. under Title VII of the Civil Rights Act of 1964, as amended, as a result of or arising from the claims asserted in Equal Employment Opportunity Commission v. Dutch Farms, Inc., Civil Action No.02 C 2964 in the United States District Court for the Northern District of Illinois, Eastern Division, and I understand and acknowledge that the above consideration is being paid and accepted in settlement of all such disputed claims. I further affirm that the only consideration of my signing this Waiver and Release ("Release") is the terms stated above, that no other promise or agreement of any kind has been made to or with me by any person or entity whatsoever to cause me to sign the Release. I agree that I am signing this Release knowingly and voluntarily, that I have not been coerced or threatened into signing this Release, that I have not been promised anything else in exchange for signing this Release.
IN WITNESS WHEREOF, the undersigned has executed this Release this _ _ day of _ _ _---',2003.
Witnessed By
11

WAIVER AND RELEASE I, Michael Thigpen, for and in consideration of the sum of $6,500.00, representing all amounts payable to me under the terms of a Consent Decree entered by the Court on (insert date), the sufficiency of which is hereby acknowledged, receipt to be effective upon the payee's endorsement of a check for the above sum, on behalf of myself, my heirs, assigns, executors and agents, do hereby forever release, waive, acquit and discharge DUTCH FARMS, INC., all past and present subsidiaries, divisions, affiliated companies, officers, directors, employees, successors, agents and assigns of DUTCH FARMS, INC. (severally and collectively herein called "Releasee"), from any and all claims, demands, debts, causes of action, obligations, damages, costs (including attorney's fees) and liabilities of any kind or nature which I now have or may ever have had against DUTCH FARMS, INC. under Title VII of the Civil Rights Act of 1964, as amended, as a result of or arising from the claims asserted in Equal Employment Opportunity Commission v. Dutch Farms, Inc., Civil Action No.02 C 2964 in the United States District Court for the Northern District of lilinois, Eastern Division, and I understand and acknowledge that the above consideration is being paid and accepted in settlement of all such disputed claims. I further affirm that the only consideration of my signing this Waiver and Release ("Release") is the terms stated above, that no other promise or agreement of any kind has been made to or with me by any person or entity whatsoever to cause me to sign the Release. I agree that I am signing this Release knowingly and voluntarily, that I have not been coerced or threatened into signing this Release, that I have not been promised anything else in exchange for signing this Release.
IN WITNESS WHEREOF, the undersigned has executed this Release this _ _ day of _ _ _--', 2003.
Witnessed By
12

WAIVER AND RELEASE I, Royce O'Hara, for and in consideration of the sum of $6,500.00, representing all amounts payable to me under the terms of a Consent Decree entered by the Court on (insert date), the sufficiency of which is hereby acknowledged, receipt to be effective upon the payee's endorsement of a check for the above sum, on behalf of myself, my heirs, assigns, executors and agents, do hereby forever release, waive, acquit and discharge DUTCH FARMS, INC., all past and present subsidiaries, divisions, affiliated companies, officers, directors, employees, successors, agents and assigns of DUTCH FARMS, INC. (severally and collectively herein called "Releasee"), from any and all claims, demands, debts, causes of action, obligations, damages, costs (including attorney's fees) and liabilities of any kind or nature which I now have or may ever have had against DUTCH FARMS, INC. under Title VII of the Civil Rights Act of 1964, as amended, as a result of or arising from the claims asserted in Equal Employment Opportunity Commission v. Dutch Farms. Inc., Civil Action No.02 C 2964 in the United States District Court for the Northern District of Illinois, Eastern Division, and I understand and acknowledge that the above consideration is being paid and accepted in settlement of all such disputed claims. I further affirm that the only consideration of my signing this Waiver and Release ("Release") is the terms stated above, that no other promise or agreement of any kind has been made to or with me by any person or entity whatsoever to cause me to sign the Release. I agree that I am signing this Release knowingly and voluntarily, that I have not been coerced or threatened into signing this Release, that I have not been promised anything else in exchange for signing this Release.
IN WITNESS WHEREOF, the undersigned has executed this Release this _ _ day of _ _ _---', 2003.
Witnessed By
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· :
WAIVER AND RELEASE I, Samuel Clark, for and in consideration of the sum of $2,000.00, representing all amounts payable to me under the terms of a Consent Decree entered by the Court on (insert date), the sufficiency of which is hereby acknowledged, receipt to be effective upon the payee's endorsement of a check for the above sum, on behalf of myself, my heirs, assigns, executors and agents, do hereby forever release, waive, acquit and discharge DUTCH FARMS, INC., all past and present subsidiaries, divisions, affiliated companies, officers, directors, employees, successors, agents and assigns of DUTCH FARMS, INC. (severally and collectively herein called "Releasee"), from any and all claims, demands, debts, causes of action, obligations, damages, costs (including attorney's fees) and liabilities ofanyJdnd or nature which I now have or may ever have had against DUTCH FARMS, INC. under Title VII of the Civil Rights Act of 1964, as amended, as a result of or arising from the claims asserted in Equal Employment Opportunity Commission v. Dutch Fauns. Inc., Civil Action No.02 C 2964 in the United States District Court for the Northern District of illinois, Eastern Division, and I understand and acknowledge that the above consideration is being paid and accepted in settlement of all such disputed claims. I further affirm that the only consideration of my signing this Waiver and Release ("Release") is the terms stated above, that no other promise or agreement of any kind has been made to or with me by any person or entity whatsoever to cause me to sign the Release. I agree that I am signing this Release knowingly and voluntarily, that I have not been coerced or threatened into signing this Release, that I have not been promised anything else in exchange for signing this Release.
IN WITNESS WHEREOF, the undersigned has executed this Release this _ _ day of _ _ _--', 2003.
Witnessed By
14

· .
WAIVER AND RELEASE I, Carl Craig, for and in consideration of the sum of $1,000.00, representing all amounts payable to me under the terms of a Consent Decree entered by the Court on (insert date), the sufficiency of which is hereby acknowledged, receipt to be effective upon the payee's endorsement of a check for the above sum, on behalf of myself, my heirs, assigns, executors and agents, do hereby forever release, waive, acquit and discharge DUTCH FARMS, INC., all past and present subsidiaries, divisions, affiliated companies, officers, directors, employees, successors, agents and assigns of DUTCH FARMS, INC. (severally and collectively herein called "Releasee"), from any and all claims, demands, debts, causes of action, obligations, damages, costs (including attorney's fees) and liabilities of any kind or nature which I now have or may ever have had against DUTCH FARMS, INC. under Title VII of the Civil Rights Act of 1964, as amended, as a result of or arising from the claims asserted in Equal Employment Opportunity Commission v. Dutch Farms, Inc., Civil Action No.02 C 2964 in the United States District Court for the Northern District of Illinois, Eastern Division, and I understand and acknowledge that the above consideration is being paid and accepted in settlement of all such disputed claims. I further affirm that the only consideration of my signing this Waiver and Release ("Release") is the terms stated above, that no other promise or agreement of any kind has been made to or with me by any person or entity whatsoever to cause me to sign the Release. I agree that I am signing this Release knowingly and voluntarily, that I have not been coerced or threatened into signing this Release, that I have not been promised anything else in exchange for signing this Release.
IN WITNESS WHEREOF, the undersigned has executed this Release this _ _ day of _ _ _--', 2003.
Witnessed By
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WAIVER AND RELEASE I, Tarnika Shipp, for and in consideration of the sum of $2,000.00, representing all amounts payable to me under the terms of a Consent Decree entered by the Court on (insert date), the sufficiency of which is hereby acknowledged, receipt to be effective upon the payee's endorsement of a check for the above sum, on behalf of myself, my heirs, assigns, executors and agents, do hereby forever release, waive, acquit and discharge DUTCH FARMS, INC., all past and present subsidiaries, divisions, affiliated companies, officers, directors, employees, successors, agents and assigns of DUTCH FARMS, INC. (severally and collectively herein called "Releasee"), from any and all claims, demands, debts, causes of action, obligations, damages, costs (including attorney's fees) and liabilities of any kind or nature which I now have or may ever have had against DUTCH FARMS, INC. under Title VII of the Civil Rights Act of 1964, as amended, as a result of or arising from the claims asserted in Equal Employment Opportunity Commission v. Dutch Farms, Inc., Civil Action No.02 C 2964 in the United States District Court for the Northern District ofIllinois, Eastern Division, and I understand and acknowledge that the above consideration is being paid and accepted in settlement of all such disputed claims. I further affirm that the only consideration of my signing this Waiver and Release ("Release") is the terms stated above, that no other promise or agreement of any kind has been made to or with me by any person or entity whatsoever to cause me to sign the Release. I agree that I am signing this Release knowingly and voluntarily, that I have not been coerced or threatened into signing this Release, that I have not been promised anything else in exchange for signing this Release.
IN WITNESS WHEREOF, the undersigned has executed this Release this _ _ day of _ _ _---', 2003.
Witnessed By
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WAIVER AND RELEASE I, Juan Stamps, for and in consideration of the sum of $3,000.00, representing all amounts payable to me under the terms of a Consent Decree entered by the Court on (insert date), the sufficiency of which is hereby acknowledged, receipt to be effective upon the payee's endorsement of a check for the above sum, on behalf of myself, my heirs, assigns, executors and agents, do hereby forever'release, waive, acquit and discharge DUTCH FARMS, INC., all past and present subsidiaries, divisions, affiliated companies, officers, directors, employees, successors, agents and assigns of DUTCH FARMS, INC. (severally and collectively herein called "Releasee"), from any and all claims, demands, debts, causes of action, obligations, damages, costs (including attorney's fees) and liabilities of any kind or nature which I now have or may ever have had against DUTCH FARMS, INC. under Title VII of the Civil Rights Act of 1964, as amended, as a result of or arising from the claims asserted in Equal Employment Opportunity Commission v. Dutch Farms, Inc., Civil Action No.02 C 2964 in the United States District Court for the Northern District of Illinois, Eastern Division, and I understand and acknowledge that the above consideration is being paid and accepted in settlement of all such disputed claims. I further affirm that the only consideration of my signing this Waiver and Release ("Release") is the terms stated above, that no other promise or agreement of any kind has been made to or with me by any person or entity whatsoever to cause me to sign the Release. I agree that I am signing this Release knowingly and voluntarily, that I have not been coerced or threatened into signing this Release, that I have not been promised anything else in exchange for signing this Release.
IN WITNESS WHEREOF, the undersigned has executed this Release this _ _ day of _ _ _---', 2003.
Witnessed By
17

 
 CM/ECF LIVE, Ver 3.0 - U.S. District Court, Northern Illinois - Docket Report

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SCHENKIER, TERMED
United States District Court Northern District of Illinois - CM/ECF LIVE, Ver 3.0 (Chicago)
CIVIL DOCKET FOR CASE #: 1:02-cv-02964

EEOC v. Dutch Farms Inc Assigned to: Honorable Milton I. Shadur Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 04/25/2002 Date Terminated: 04/17/2003 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Ann M Henry Equal Employment Opportunity Commission 500 W. Madison Street 2800 Chicago, IL 60661 (312)353-8558 Email: ann.henry@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

John C. Hendrickson United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 353-8551 Fax: (312) 353-8555 Email: john.hendrickson@eeoc.gov ATTORNEY TO BE NOTICED

Noelle Christine Brennan Brennan & Monte, Ltd. 20 South Clark Street Suite 1530 Chicago, IL 60603 (312) 422-0001 Email: nbrennan@brennan-monte.com ATTORNEY TO BE NOTICED

V. Defendant Dutch Farms, Inc.

represented by Michael Raymond Collins

https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?368119467410933-L_353_0-1

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Date Filed 04/25/2002
04/30/2002 05/13/2002 05/29/2002 06/24/2002 06/26/2002 08/16/2002 09/25/2002 11/18/2002

Collins & Collins 332 South Michigan Suite 605 Chicago, IL 60604 (312) 663-4200 Email: michael.collins@collinsandcollins.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patrick Bernard Cage O'Hagan, Smith & Amundsen, L.L.C. 150 North Michigan Avenue Suite 3300 Chicago, IL 60601 (312) 894-3200

#

Docket Text

1 COMPLAINT; jury demand - Civil cover sheet - Appearance(s) of Ann M. Henry, Noelle Christine Brennan, John C. Hendrickson as attorney(s) for plaintiff (No summons(es) issued.) (Documents: 1-1 through 1-3) (hp) (Entered: 04/25/2002)

SCHEDULE set on 4/30/02 by Hon. Milton I. Shadur : Status hearing set to 9:00 6/24/02 . Mailed notice (srn) (Entered: 05/08/2002)

2 WAIVER of service of summons as to defendant Dutch Farms Inc sent on 5/9/02 (eav) (Entered: 05/15/2002)

3 ATTORNEY APPEARANCE for defendant Dutch Farms Inc by Michael Raymond Collins, Patrick Bernard Cage; Notice of filing (eav) (Entered: 05/30/2002)

SCHEDULE set on 6/24/02 by Hon. Milton I. Shadur : Status hearing held. Status hearing continued to 9:00 8/16/02 . No notice (srn) (Entered: 06/24/2002)

4 ANSWER by defendant Dutch Farms Inc to complaint and Affirmative Defenses [1-1]; jury demand; Notice of filing (eav) (Entered: 07/02/2002)

SCHEDULE set on 8/16/02 by Hon. Milton I. Shadur : Status hearing held. Status hearing continued to 9:00 9/25/02 . No notice (srn) (Entered: 08/16/2002)

SCHEDULE set on 9/25/02 by Hon. Milton I. Shadur : Status hearing held. Status hearing continued to 9:00 11/18/02 . No notice (srn) (Entered: 09/25/2002)

SCHEDULE set on 11/18/02 by Hon. Milton I. Shadur : Status hearing held. Status hearing continued to 9:00 1/6/03 . No notice (srn) (Entered: 11/18/2002)

https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?368119467410933-L_353_0-1

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01/06/2003 03/04/2003 03/20/2003 04/03/2003 04/17/2003

SCHEDULE set on 1/6/03 by Hon. Milton I. Shadur : Status hearing held. Status hearing continued to 9:00 3/4/03 . No notice (srn) (Entered: 01/06/2003)
SCHEDULE set on 3/4/03 by Hon. Milton I. Shadur : Status hearing held. Status hearing continued to 9:00 3/20/03 . No notice (srn) (Entered: 03/04/2003)
SCHEDULE set on 3/20/03 by Hon. Milton I. Shadur : Status hearing held. Status hearing continued to 9:00 4/3/03 . No notice (srn) (Entered: 03/20/2003)
SCHEDULE set on 4/3/03 by Hon. Milton I. Shadur : Status hearing held and continued to 9:00 4/17/03 . Parties have informed the court that this case has settled. In court notice (jlj) (Entered: 04/03/2003)
5 MINUTE ORDER of 4/17/03 by Hon. Milton I. Shadur : This Court will retain jurisdiction of this matter to enforce the Consent Decree. Each party shall bear its own expenses, costs and attorneys' fees. (Entered Consent Decree) terminating case Mailed notice by judge's staff (eav) (Entered: 04/18/2003)

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