Case 2:05-cv-01034-UWC Document 1 Filed 05/18/2005 Page 2 of 7

IN THE UNITED STATES DISTRICT COURT FOR TilE NORTHER.!" DISTRICT OF ALABAMA
SOUTHER.!" DIVISION

EQUAL E1\IPLOY;\IENT OPPORTUNITY]

COMM ISSION.

]

I

Plaintiff,

I

I

' ·s.

I

I
I

VULCAN LI!'iCOLN MERCURY,

I

A DIVISION OF SERRA AUTO.\IOTIVE I

GROUP

I

Defendant.

I

I

CIVIL ACTION #: COMPLAINT
JURY TRIAL PEMAND

NATURE OF THE ACTION This is an ac ti on under Title VII of the Civil Righ ts Act of 1964, as amended, and Title I of the Ch'il Rights Act of 1991 to co rrec t unlawful emp lo)'ment practices on the basis of retaliation; and to prO"lde appropriate relief to Pamda Ste,ens, Martha Manwarriog and Cheryl Williams, the individuals aggrieved by those unlawful employment practices. The Commissio n alleges that th e Defendant Vulcan Lincoln Mercury, a dh'ision of Serra Automoti,'e Group ("Vukan Lincoln Mercury"). discriminated against Pamela Stenns, Martha Manwarrlng and Chery l Williams b~' discharging them in "iolation of Section 704(a) of Title VII. ben use the~' engaged in protKted acti"ity under Title VII by participating in an in"estigalion tond ueted in response 10 a charge of discrimination.

Case 2:05-cv-01034-UWC Document 1 Filed 05/18/2005 Page 3 of 7
JURISDICTION AND VENUE \. Jurisdiction ohhis Court is invoked pursuant to 28 U.S.c. §§ 451, ]33], 1337, 1343 and 1345. This action is authori:ced and inst ituted pursuant to §§706 (f)(I) and (3) of Title VII of th e Ch'il Rights Act of 1964, as amended, 42 U.S.c. §2000e-5(f)(1) and (1)(3) and §I02 of the Ci,'i] Rights Act of 1991, 42 U.S.c. Section 1981a (fIliI' VII). 2. The employment practices alleged to be unlawful herein werr and are now being committed within the Northern Dist riCI of Alabama, Southern Dil'lsion.
PARTIES 3. Plaintiff, th e Equal Employment Opportu nity Comminion (the "Commission "), is an agenq' of the United States of America charged with the administra tion, interpretation aDd enforcement of by §706(f)(I) and (3) of Title VII, 42 U,S.c. §2000e-5(1)(1) and (3). 4. At all relevant times., Defendant Vulcan Lincoln Mercury, (the "Employer"), has continuously been a corporation doing bu s ine~s in the State of Alabama and the CilY of Birmingham, and bas continuously had at least fifteen (IS) employns. 5. At all relel'anllimes, Defendanl Emp]oyer has continuonsly been an employer engaged in an industry affl'i:ting commerce witbin the meanin g of §701(b), (g) and (b) of Title VII, 42 U.S.c. §2000e-(b), (g) and (h).
CONCILIATION 6. More than 30 days prior to the institution of this lawsuit, Pamela Stevens, Martha l'olanwarring and Cher:-"I Williams fil ed charges of discrimination witb the Com missio n alleging Title VII violations b~' the Defendant.

Case 2:05-cv-01034-UWC Document 1 Filed 05/18/2005 Page 4 of 7
7. Prior 10 Ih e insl itution of Ihis lawsuil, Ihe Commission', rep resent ath'r$; alle mpl ed 10 el imin ate Ihe unla wful ~mplo)'m~nl pracliees hereinaft er alleged and to effeel vol unlary compliance wi lh Title VII through Ih e informal m ~l h ods of conci li al ioo, co ofereoce a od persuasion wilbin tbe mnoiog of §706(b) of Tille VI I. 42 U.S.C. §2(1()Qf"-5. All cond itions preceden t to tbe inltil ulion of this la"'sui l ha,'e been fu lfi lled.
SIAIEMEI'T Qf CLAIi\! 8. Since about May, 2002. Defendant Employer engaged in and is con linuin g to engage in unl.",ful emp loyment practices at ill Birmingham. Alabama facili~' at 1476 MonlgoTnl"I')' High"ay, in "mlatioo of §704(a) of Title VII , 42 U,S.c. §§2(1()Qf"-){a). Defenda nt Emp lo~'er discharged Pamela St~"~n s, Martha Mlowa rring an d Chery l WllIi l ms in retal iation because Ih ey participated in an innstigatlon of a claim of di scrl mlnall on protected by Title VII. II. The effect nf th e pra ctices fomp lalned of abo,'~ has hee n to d~pri.-e Pamela Ste"ens, Manh a Ma n" arring aod C heryl Wl1Il a ms of eq ual employment opponunit ies and ot hrrwise ad "e rsely aflect Ih~ir stat us as an empl oyees on tbe basis of rrtalialion. 10. Th e unlawful employment practices co mplain ed of above "~re intentional. II. The unlawful empl oym~nl prae lices co mplained of above werr dooe wilh malice a ndlor reck less ln dirrtr~n ce to Ihe federa lly prntected righl$ ofPa mela Sle"ens, Martha Manwarring and C bery l Wl1Iiaml.
PRAYER fOR RELIEf WHEREFQRE. lh t Co mminion res pee lfully requ ests that this Co un:
l

Case 2:05-cv-01034-UWC Document 1 Filed 05/18/2005 Page 5 of 7
A, Grant a pnman~nt injunction enjoining D~fendant Employer, its offic~rs, succ~sson, assigns and all persons in actiw concert or participation with it, from ~ngaging in any employmenl praClices which disc riminate on Ih~ basis of reta lialion,
B. Order Defendant Employer to inslitute and carry out policies, practices and programs which provide equal employm~nt opporlunilies for all employ~es and which eradicate Ib ~ effecls of ils past and present unlawful employmenl praClices,
C. Grant a jndgm~nt requiring D~fendanl Employer to pay appropriate back wages in an amounllo be determined at trial, and prejudgment interest to Pamela Slewns, Martha l\lanwarring and Cheryl Williams, who were adversely affecled by the unlawful employmenl practices described above,
D. Order Defendant Employer to mal;e whole Pamela Ste"ens, Martha Manwarring and Cbery l Williams by providing compensalion for past and fUlure pt'cuniary' losses in an amounllO be determined at trial.
E. Order th e Defendant Employer to mal;e whole Pamela Stewns, Martba Manwarring and Cheryl Williams by prO"iding compensation for non-pecuniary losses, includi ng pain and suffe ring, emolional distress, and humiliation in aD amounl to be determined al trial.
F. Order Def~ndant Empl oyer to pay Pamela Ste"ens, Martha Manwarring and Cheryl Williams pnnith'e damages for its malicious andior recl;less conducl, in an amounllO be determined alldal.
G. Order D~rend an l Employer 10 mal;e whole Pamda SteH'ns, Martba 1\lanwarring and Chery'l Williams, wbo were adnnely affecled by the unlawful employment

Case 2:05-cv-01034-UWC Document 1 Filed 05/18/2005 Page 6 of 7

practices describ ed abo"f, by providing the affirmatil"e relief neees sary to eradicate the effects of its unlawful employment practices, including but not limited to reinstatement of Pamela Sten ns, Ma rtha i\lanwarring and C h e~'1 Williams into comparable available posi tions or to pay front pay in lieu tbereof.
H. Grant such further relieras the Court deems necessary and proper in the public interes t.
I. Award the CommIssion iU COSU in this action.
J URY TRIAL DEMAND The Com miss ion requ ests a jury tri al on all questions of fact raised in this complaint.

Respectfully sub mitted,
ERIC S. DREIBAl'iD Gen eral Counsel
JAMES L. LH Dep uty General Counsd
GWENDOL Yi" YOUNG REMIS Associate Gen eral Counsel
EQUAL D1PLOYl\IENT OPPORTUl\'ITY COi\Ii\I1SSION 1801 ~ L Stred, l'iorthwest

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R"i,f5",~~~~--
OhioJ::~ 1/

5

Case 2:05-cv-01034-UWC Document 1 Filed 05/18/2005 Page 7 of 7
pR.lse DEtEONARDO Supel'l'isory Trial Anorlley Alabama Bar NAS B-65J5D67P
~.::.> ~~~
/NICE HOLT ~1O'ROW
Se nior Trial "norner Alab ama Bar /I ASB-S267-064E EQUAL EMPLOYMENT OPPORTUN ITY Birminglulm Dislrict Office 11 30 22 ~D Slrl'i'l Soulh Ridge ParI; Pla« - Suile 2000 Birmingham, At 35205 Telephone: (205) 212-2065
,

 
 Case 2:05-cv-01034-UWC

Document 18

Filed 10/31/2005

Page 1 of 1

FILED

2005 Oct-31 PM 01:01 U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

vs.

)

)

VULCAN LINCOLN MERCURY, a

)

division of SERRA AUTOMOTIVE

)

GROUP,

)

Defendant.

Civil Action Number 2:05-cv-1034-UWC

ORDER OF DISMISSAL WITH PREJUDICE
Based on the approval of the Consent Decree (Doc. 16), this action is hereby DISMISSED, without prejudice.
Each Party to bear its own costs.
Done this 31st day of October, 2005.

______________________________ U.W. Clemon
Chief United States District Judge

 
 Case 2:05-cv-01034-UWC

Document 19

Filed 10/31/2005

Page 1 of 10

FILED

2005 Oct-31 PM 04:21 U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

VULCAN LINCOLN MERCURY, A DIVISION )

OF SERRA AUTOMOTIVE GROUP,

)

)

Defendant.

)

Civil Action Number 2:05-cv-01034-UWC

CONSENT DECREE I. INTRODUCTION
On May 18, 2004, Plaintiff, Equal Employment Opportunity Commission, (“EEOC”), filed a Complaint against Vulcan Lincoln Mercury, a Division of Serra Automotive Group1, (“Defendant” or “Vulcan”) (hereinafter collectively referred to as the “parties”), alleging that Vulcan violated §704(a) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e-3(a), by discharging Martha Manwarring, Pamela Stevens and Cheryl Williams because they participated in an internal investigation of an EEOC Charge of Discrimination.
Vulcan was served with a summons and Complaint on June 6, 2005. The Answer to the Complaint has not been filed.
Although Vulcan denies the allegations in the Complaint, the parties have resolved their differences and have agreed that this action should be settled by entry of this Consent Decree.
1The correct legal name of the defendant is Vulcan Lincoln-Mercury, Inc. 1

Case 2:05-cv-01034-UWC Document 19 Filed 10/31/2005 Page 2 of 10
II. GENERAL PROVISIONS The parties, being desirous of settling this action, do hereby enter into this Consent
Decree which shall remain in effect for three years, subject to modifications as described below. Vulcan denies that it has committed any of the violations alleged by the EEOC and this
Consent Decree shall not constitute an adjudication or finding on the merits of the case, shall in no manner be construed as an admission by Vulcan of any violation of Section 704(a) of the Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e-3(a), or used as evidence of liability, res judicata, or collateral estoppel in any other legal proceeding against Vulcan. This Consent Decree is binding upon the parties as to the issues resolved herein. The claims resolved by this Decree are those which were alleged in the Charges of Discrimination numbered 1302003-02590, 130-2003-02591 and 130-2005-02592, which are the basis for the above-styled lawsuit. The parties agree that this Consent Decree does not resolve any charges which may be pending with EEOC, or which may be filed in the future with EEOC, other than the charges specifically referenced in this Consent Decree.
This Consent Decree shall be come effective upon its entry by the Court and the term thereof shall commence from the date of entry.
For purposes of this Consent Decree, all reports due should be submitted to Eunice H. Morrow (“Ms. Morrow”), Senior Trial Attorney, EEOC, Birmingham District Office, Ridge Park Place, 1130 22nd Street South, Suite 2000, Birmingham, Alabama 35205. III. AFFIRMATIVE AND MONETARY RELIEF
A. This Consent Decree constitutes a complete resolution of all claims that were alleged under Title VII in the EEOC’s Complaint in this lawsuit.
2

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B. The parties execute this Consent Decree with the following stipulations; 1. Vulcan will pay claimants Martha Manwarring, Pamela Stevens and Cheryl Williams a total sum of $330,000.00, which sum includes claimants’ attorneys fees, consistent with the terms and conditions of the separate agreements entered into between and among Vulcan and the claimants. Documentation evidencing payment will be mailed to Ms. Morrow. 2. Martha Manwarring, Pamela Stevens and Cheryl Williams will execute the Release of Claims attached hereto as Exhibit “A”. 3. The parties shall each bear their own expenses and attorneys’ fees associated with this lawsuit.
C. Vulcan will not retaliate in any manner against Martha Manwarring, Pamela Stevens and Cheryl Williams or any person who participated in this lawsuit or in the investigation of EEOC Charges numbered 130-2005-02590, 130-2005-02591 and 130-2003-02592.
D. Vulcan will remove all documents and references to the charges of discrimination filed by Martha Manwarring, Pamela Stevens and Cheryl Williams from their personnel files. Vulcan will further provide the agreed upon neutral references for Martha Manwarring, Pamela Stevens and Cheryl Williams. A copy of the agreed upon recommendation is attached as Exhibit “B”.
E. Within 30 days of entry of this Consent Decree, Vulcan will post the Notice attached hereto as Exhibit “C” in a location typically used for the posting of
3

Case 2:05-cv-01034-UWC Document 19 Filed 10/31/2005 Page 4 of 10
notices to employees, visible to all employees. The Notice will remain posted for a period of twelve months from the entry of this Consent Decree. IV. INJUNCTIVE RELIEF A. Vulcan, its officers, managers (including supervisory employees), and successors will not take any adverse employment action against any current or former employee of Vulcan because he or she files or participates in the investigation of any EEOC charge of discrimination, opposes or protests any employment practice or policy he or she reasonably believes violates Title VII of the Civil Rights Act of 1964, as amended, or participates in or is a party to any action filed under Title VII. B. Beginning January 2, 2006, and quarterly thereafter, on the first of the month, for the duration of this Consent Decree, Vulcan will report to EEOC the results of any internal investigation of any oral or written complaints made to Joe Dorian, Mac Wise, or Mark Slaughter, that deal with allegations that they receive of violations of Title VII of the Civil Rights Act of 1964, as amended. This report will include a summary of the allegations, the results of the investigation and what, if any, action(s) Vulcan took in response to the complaint(s). The report will also identify by name, address and home telephone number, each complainant or witness who was separated from employment for any reason, including resignation, and the reason for separation, during the preceding quarter. Vulcan further agrees, upon request, to provide to the EEOC copies of all documents relevant to such investigation, including complaints, witness statements, any final
4

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report or recommendation of action, and the results of any investigation, as well as all records of adverse employment cation taken as to any person who participates in the investigation or lawsuit. Vulcan also agrees that, upon request, EEOC may inspect the premises, require production of any relevant documents and interview witnesses (including managers) who may possess relevant information concerning any complaint of retaliatory discipline or discharge. EEOC’s receipt of this information does not alter Vulcan’s obligation to comply with the law. C. Within sixty days of the entry of this Consent Decree, Vulcan will submit to EEOC a revised statement which informs executives, area directors, managers, supervisors and employees that Vulcan will not tolerate sexual harassment against any Vulcan employee or applicant. The policy will also state that Vulcan will not tolerate retaliation against any employee or applicant who complains of sexual harassment, lodges a complaint of discrimination against Vulcan alleging sexual harassment by Vulcan, its executives, area directors, officers, agents, managers and supervisors, or is a witness in any investigation concerning such complaints. D. EEOC will submit any suggested modifications or changes to the policy to Vulcan within thirty days of receipt thereof. EEOC’s silence or approval of the proposed policy shall not alter Vulcan’s obligation to comply with the law. E. Within 180 days of the entry of this Consent Decree, Vulcan will adopt the revised policy and distribute the revised policy to all executives, officers, agents, managers, supervisor, and employees. At least annually, thereafter, for the duration of this Consent Decree, Vulcan shall redistribute the revised policy to all
5

Case 2:05-cv-01034-UWC Document 19 Filed 10/31/2005 Page 6 of 10
executives, officers, agents, supervisors and employees. F. Within sixty days of the entry of this Consent Decree, Vulcan also will provide
EEOC with a revised method for investigating allegations of violations of Title VII, which is to include an outline of the investigation process, a means for preserving witness testimony, assurances of confidentiality to the extent possible, and an anti-retaliation provision. This document will include a statement to be given to all witnesses advising the witness of his or her right to consult with an attorney of his/her choice, the right to receive a copy of any statement signed by the witness, and the right to be free from any adverse employment action as a result of his/her testimony. EEOC will submit any suggested modifications, changes or comments to Vulcan within thirty days or receipt thereof. EEOC’s silence or approval of the proposed poli cy will not alter Vulcan’s obligation to comply with the law. G. Within sixty days of the entry of this Consent Decree, and each year thereafter, for the duration of this Decree, Vulcan will train its executives, harassment complaint investigators, managers (including supervisors) and all hourly employees on the rights of an employee to be free from employment decisions based on retaliation. Vulcan may include, but is not required to include, training conducted by EEOC under its Employer Specific Training Program. The following will be required under the training program: 1. Within 180 days of the entry of this Consent Decree, and annually
thereafter, Vulcan will provide training on how to investigate complaints
6

Case 2:05-cv-01034-UWC Document 19 Filed 10/31/2005 Page 7 of 10
of discrimination under Federal employment laws and particularly Title VII, and on the appropriate actions to take upon the completion of the investigation to those individuals responsible for investigating harassment complaints. This provision shall remain in effect for the duration of the Consent Decree. Vulcan will notify Ms. Morrow of the training dates at least two weeks in advance of the training. EEOC reserves the right to send a representative to observe the training. 2. Within 180 days of the entry of this Consent Decree and annually thereafter, Vulcan will provide training to its executives, managers, agents and supervisory employees on federal employment laws and specifically Title VII of the Civil Rights Act of 1964, as amended, in the form of at least two two-hour seminars by instructor(s) of Vulcan’s choice. During this training, Vulcan will distribute its revised anti-harassment/retaliation policy and have attendees review it. The executives, managers, agents and supervisory employees who attend the training sessions will sign an acknowledgment of understanding the policy and an acknowledgment of the consequences of failing to follow the policy. This provision will remain in effect for the duration of this Consent Decree. Vulcan will notify Ms. Morrow of the training dates at least two weeks in advance of the training. EEOC reserves the right to send a representative to observe the training. 3. Within 180 days of the entry of this Consent Decree, and annually
7

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thereafter, Vulcan will provide training to all of its non-management employees at Vulcan on retaliation under Title VII of the Civil Rights Act of 1964, as amended, in the form of at least a one-hour seminar by instructor(s) of Vulcan’s choice. The employees who attend the training sessions will be required to sign an attendance roster or verification of attendance. During this training, Vulcan will distribute its revised antiharassment/retaliation policy and review the same with attendees. This provision will remain in effect for the duration of this Consent Decree. Vulcan will notify Ms. Morrow of the training dates at least two weeks in advance of the training. EEOC reserves the right to send a representative to observe the training. H. As part of is hiring process, Vulcan will provide a presentation on Vulcan’s revised anti-harassment/retaliation policy. New hires will sign an attendance sheet evidencing that he or she has attended the orientation. Vulcan will also solicit any questions from the new hires regarding its revised policy. I. Vulcan will send a copy of the Consent Decree to the Chief Executive Office (CEO) of Vulcan. The CEO will sign a notice evidencing that he/she has read and understands the Consent Decree. This will be done within sixty days of the entry of this Consent Decree. V. RECORD RETENTION AND REPORTING Unless otherwise specified herein, all quarterly, semi-annual and annual reports, compliance documents and proposed changes in policies and training relating to the anti-
8

Case 2:05-cv-01034-UWC Document 19 Filed 10/31/2005 Page 9 of 10
harassment and anti-retaliation policy shall be provided to EEOC c/o Eunice H. Morrow, Equal Employment Opportunity Commission, Ridge Park Place, 1130 22nd Street South, Suite 2000, Birmingham, Alabama 35205. EEOC’s receipt of and comments on this information do not alter Vulcan’s obligation to comply with the law. VI. MODIFICATION OF TERMS OF THE CONSENT DECREE
After the expiration of two years, Vulcan may apply to the Court to shorten the term of this Consent Decree, and, absent a showing of good cause by EEOC, the Court may shorten the term as appropriate. VII. DISPUTE RESOLUTION AND COMPLIANCE
During the term of the Consent Decree, the Court will retain all available equitable powers, including the power to order injunctive relief, to enforce this Consent Decree. Upon motion of either party, the Court may schedule a hearing for the purpose of reviewing compliance with or awarding injunctive relief pursuant to this Consent Decree. The parties shall engage in good faith efforts to resolve any dispute as to compliance prior to seeking review by the Court, and shall be required to give notice to each other within ten business days before moving for such review. Both parties may conduct expedited discovery under the Federal Rules of Civil Procedure for purposes of determining compliance with this Decree or defending against a claim of non-compliance, with fifteen business days for notice for deposition, entry to premises, access to documents, and responses to written discovery.
Upon consideration of the above, the Court hereby approves this Consent Decree and IT IS SO ORDERED.
Done this 31st day of October, 2005
9

Case 2:05-cv-01034-UWC Document 19 Filed 10/31/2005 Page 10 of 10 ______________________________ U.W. Clemon Chief United States District Judge
10

 
 CM/ECF - U.S. District Court Northern District of Alabama - Docket R... https://ecf.alnd.uscourts.gov/cgi-bin/DktRpt.pl?101649116187462-L_9...
CLOSED, MEDIATION
U.S. District Court Northern District of Alabama (Southern) CIVIL DOCKET FOR CASE #: 2:05-cv-01034-UWC

Equal Employment Opportunity Commission v. Vulcan Lincoln Mercury Assigned to: Judge U W Clemon Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 05/18/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Eric S Dreiband EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street NW Washington, DC 20507 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Charles Guerrier EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Ridge Park Place, Suite 2000 1130 22nd Street South Birmingham, AL 35205 205-212-2044 Fax: 205-212-2041 Email: charles.guerrier@eeoc.gov ATTORNEY TO BE NOTICED

Eunice H Morrow EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Ridge Park Place, Suite 2000 1130 22nd Street South Birmingham, AL 35205 205-212-2065 Fax: 205-212-2041 Email: eunice.morrow@eeoc.gov ATTORNEY TO BE NOTICED

James Lee EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street NW Washington, DC 20507 ATTORNEY TO BE NOTICED

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V. Intervenor Plaintiff Martha Manwarring
Intervenor Plaintiff Pamela Stevens
Intervenor Plaintiff Cheryl L. Williams

Prisca M DeLeonardo EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Ridge Park Place, Suite 2000 1130 22nd Street, South Birmingham, AL 35205 205-212-2048 Fax: 205-212-2041 Email: prisca.deleonardo@eeoc.gov ATTORNEY TO BE NOTICED
represented by R Stan Morris CARTEE & MORRIS LLC PO Box 59767 Birmingham, AL 35259 823-8916 Email: smorris@carteemorris.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Temple D Trueblood WIGGINS CHILDS QUINN & PANTAZIS PC The Kress Building 301 19th Street North Birmingham, AL 35203-3204 205-314-0514 Fax: 205-254-1500 Email: tdt@wcqp.com TERMINATED: 06/24/2005
represented by R Stan Morris (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Temple D Trueblood (See above for address) TERMINATED: 06/24/2005
represented by R Stan Morris (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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V.
Defendant Vulcan Lincoln Mercury a division of Serra Automotive Group

Temple D Trueblood (See above for address) TERMINATED: 06/24/2005
represented by Beverly P Baker OGLETREE DEAKINS NASH SMOAK & STEWART One Federal Place 1819 Fifth Avenue North, Suite 1000 Birmingham, AL 35203 205-328-1900 Fax: 205-328-6000 Email: beverly.baker@ogletreedeakins.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ryan M Aday OGLETREE DEAKINS NASH SMOAK & STEWART One Federal Place 1819 Fifth Avenue North, Suite 1000 Birmingham, AL 35203 205-328-1900 Fax: 205-328-6000 Email: ryan.aday@ogletreedeakins.com ATTORNEY TO BE NOTICED
T Scott Kelly OGLETREE DEAKINS NASH SMOAK & STEWART One Federal Place 1819 Fifth Avenue North, Suite 1000 Birmingham, AL 35203 205-328-1900 Fax: 205-328-6000 Email: scott.kelly@ogletreedeakins.com ATTORNEY TO BE NOTICED

Date Filed 05/18/2005

#

Docket Text

1 COMPLAINT against Vulcan Lincoln Mercury , filed by Equal Employment Opportunity Commission.(SFH, ) (Entered: 05/19/2005)

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06/01/2005 06/02/2005
06/03/2005 06/03/2005 06/09/2005 06/16/2005 06/16/2005 06/22/2005 06/22/2005 06/23/2005 06/23/2005 06/24/2005 06/24/2005 06/24/2005 06/27/2005

2 MOTION to Intervene by Martha Manwarring, Pamela Stevens, Cheryl L. Williams. (Attachments: # 1 Complaint in Intervention)(Trueblood, Temple) (Entered: 06/01/2005)
3 ORDER- Pla's response to dft's motion to intervene must be filed by 6/9/05; dft's reply must be filed by 6/16/05; reply by any other interested party must be filed by 6/23/05 re 2 MOTION to Intervene filed by Martha Manwarring,, Cheryl L. Williams,, Pamela Stevens, . Signed by Judge Paul W Greene on 6/2/05. (SFH, ) (Entered: 06/02/2005)
Request for service by certified mail filed by Equal Employment Opportunity Commission. (filed within complaint) (SFH, ) (Entered: 06/03/2005)
Summons Issued mailed certified mail as to Vulcan Lincoln Mercury. (SFH, ) (Entered: 06/03/2005)
4 SUMMONS Returned Executed Vulcan Lincoln Mercury served on 6/6/2005, answer due 6/27/2005. (SFH, ) (Entered: 06/10/2005)
5 Opposition to Motion to Intervene & Motion to Compel Arbitration filed by Vulcan Lincoln Mercury. (Kelly, T) (Entered: 06/16/2005)
6 Brief in Support of Objection to Motion to Intervene and Motion to Compel Arbitration filed by Vulcan Lincoln Mercury. (Kelly, T) Additional attachment(s) added on 6/16/2005 (SFH, ). (Entered: 06/16/2005)
7 NOTICE of Appearance by R Stan Morris on behalf of Martha Manwarring, Pamela Stevens, Cheryl L. Williams (Morris, R) (Entered: 06/22/2005)
8 First MOTION for Extension of Time to reply to Vulcan's Objection by Martha Manwarring, Pamela Stevens, Cheryl L. Williams. (Morris, R) (Entered: 06/22/2005)
ORDER granting 8 Motion for Extension of Time . The extension is GRANTED until June 30, 2005. Signed by Judge Paul W Greene on 6/23/05. (SJP) (Entered: 06/23/2005)
9 NOTICE by Martha Manwarring, Pamela Stevens, Cheryl L. Williams of Attorney's Lien (Trueblood, Temple) (Entered: 06/23/2005)
10 MOTION to Withdraw as Attorney of Ann C. Robertson and Temple D. Trueblood by Martha Manwarring, Pamela Stevens, Cheryl L. Williams. (Trueblood, Temple) (Entered: 06/24/2005)
ORDER granting 10 Motion to Withdraw as Attorney. Attorney Temple D Trueblood terminated . Signed by Judge Paul W Greene on 6/24/05. (SJP) (Entered: 06/24/2005)
11 Consent MOTION for Extension of Time by Vulcan Lincoln Mercury. (Attachments: # 1 Exhibit Waiver of Service of Summons)(Kelly, T) (Entered: 06/24/2005)
ORDER granting 11 Motion for Extension of Time . The response to the complaint will be due July 25, 2005.Signed by Judge Paul W Greene on 6/27/05. (SJP) (Entered: 06/27/2005)

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CM/ECF - U.S. District Court Northern District of Alabama - Docket R... https://ecf.alnd.uscourts.gov/cgi-bin/DktRpt.pl?101649116187462-L_9...

06/30/2005
06/30/2005 07/01/2005 07/08/2005 08/26/2005 09/29/2005 10/31/2005
10/31/2005 10/31/2005

12 Joint MOTION for Extension of Time To file Response to Vulcan's Objection to Motion to Intervene and To Stay Vulcan's Objection to Motion to Intervene, Etc. Pending Mediation of Case by Martha Manwarring, Pamela Stevens, Cheryl L. Williams. (Morris, R) (Entered: 06/30/2005)
13 Second MOTION for Extension of Time to File Response/Reply as to 5 Opposition (other) by Equal Employment Opportunity Commission. (Morrow, Eunice) (Entered: 06/30/2005)
ORDER granting 12 Motion for Extension of Time or for Stay. Doc. #13, Motion for Extension of Time to File Response/Reply is MOOT in view of case being stayed . Signed by Judge Paul W Greene on 7/01/05. (SJP) (Entered: 07/01/2005)
14 ORDER, Case referred to mediation set for 7/22/05 at 10:30am in chambers of the undersigned magistrate judge.. Signed by Judge John E Ott on 7/8/05. (SFH, ) (Entered: 07/08/2005)
15 NOTICE by Wiggins, Childs, Quinn & Pantazis, LLC of Release of Attorney Lien (Trueblood, Temple) (Entered: 08/26/2005)
16 Joint MOTION to Approve Consent Judgment by Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order Proposed Consent Decree)(Guerrier, Charles) (Entered: 09/29/2005)
17 ORDER REASSIGNING CASE with Notice to Prisoners In Re Civil Appeals attached. Case reassigned to Chief Judge U W Clemon for all further proceedings. Judge Paul W Greene no longer assigned to case. Signed by Judge U W Clemon on October 31, 2005. (SRJ, ) (Entered: 10/31/2005)
18 ORDER DISMISSING CASE based on approval of the Consent Decree with prejudice w/each party to bear their own costs. Signed by Judge U W Clemon on 10/31/2005. (SRJ, ) (Entered: 10/31/2005)
19 ORDER of CONSENT DECREE As Set Out . Signed by Judge U W Clemon on October 31, 2005. (SRJ, ) (Entered: 10/31/2005)

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 EEOC LITIGATION SETTLEMENT REPORT - October 2005

http://www.eeoc.gov/litigation/settlements/settlement10-05.html

EEOC v. Vulcan Lincoln Mercury, A Division of Serra Automotive Group No. 2:05-cv-01034-UWC (N.D. Ala. Oct. 31, 2005)
The Birmingham District Office alleged that Vulcan Lincoln Mercury, a new and used car dealership in Birmingham, Alabama, discharged three charging parties from manager positions in the dealership's office because they participated in an internal investigation of another employee's sexual harassment complaint against a defendant manager. Within 3 months after giving testimony supporting their coworker's complaint, all three women had been terminated, allegedly as a part of a RIF. They were the only employees terminated, and one of them had been rehired just a month prior to her discharge. Under the consent decree resolving this case, the three charging parties will share $330,000 in monetary relief. The decree prohibits defendant from taking any adverse action against current or former employees for filing or participating in the investigation of an EEOC charge or for opposing or protesting any practice or policy he or she reasonably believes violates Title VII.

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