IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,

PRO-PAK INDUSTRIES, INC. Defendant.

JURY DEMAND MAG~TRATI~ ~UDGI~

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e et seq. ("Title VII"), and Title I of the Civil Rights Act of 1991, 42 U.S.C. § 1981a, to correct unlawful employment practices based on race and to provide appropriate relief to Kwaku Oware ("Charging Party" or "Oware") and a class of black employees who were adversely affected by such practices. Defendant Pro-Pak Industries, Inc. ("Pro-Pak" or "Defendant") discriminated against Charging Party and a class of black employees because of their race by subjecting them to raciatly discriminatory terms and conditions and maintaining a racially hostile work environment. Furthermore, Defendant discriminated against Charging Party by terminating him because of his race and in retaliation for Charging Party’s complaints of discrimination.
JURISDICTION AND VENUE 1. Jurisdiction ofthis Court is invoked pursuant to 28 U.S.C. §§451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) and Section

~.~
707(e) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3) and §2000e-6(e). 2. The employment practices alleged to be unlawful were committed within the
jurisdiction of the United States District Court for the Northern District of Illinois, Eastern Division. PARTIES
3. Plaintiff, the Equal Employment Opportunity CommisSion (the "Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII and is expressly authorized to bring this action by Section 706(f)(1) and (3), 42 U.S.C. § 2000e-5(f)(1) and (3).
4. At all reievant times, Defendant has been continuously doing business in the City of West Chicago, State of Illinois, and has continuously had at least fifteen (15) employees.
5. At all relevant times, Defendant has been an employer engaged in an industry affecting commerce within the meaning &Sections 701(b), (g), and 0a) of Title VII, 42 U.S.C. §§ 2000e-(b), (g), and (h).
STATEMENT OF CLAIMS 6. More than thirty (30) days prior to the institution of this Iawsuit, Charging Party filed a charge with the Commission alleging violations of Title VII by Pro-Pak. All conditions precedent to the institution of this lawsuit against the Defendant have been fulfilled. 7. Since at least 1998, Defendant engaged in unlawful employment practices at its West Chicago, Illinois facility, in violation of Section 703(a) of Title VII, 42 U.S.C. §§ 2000e-2(a) and Section 704(a) of, 42 U.S.C. § 2000e-3. Such unlawful employment practices include, but are not limited to: A. Creating and maintaining a racially hostile work environment by, among other
2

things, subjecting Charging Party and a class of black employees to racially offensive comments and statements; B. Subjecting Charging Party and a class of black employees to discriminatory terms and conditions of employment because of their race; and C. Terminating Charging Party because of his race and in retaliation for Charging Party’s complaints of discrimination. 8. The effect of the aforementioned practices of Defendant has been to deprive Charging Party and a class of black employees of equal employment opportunities and otherwise adversely affect their status as employees because of their race. 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 and are done with malice or with reckless indifference to the federally protected rights of Charging Party and other black employees of the Defendant.
PRAYER FOR RELIEF WHEREFORE, the Commission respectfully requests that this Court: A. grant a permanent injunction enjoining Defendant, its officers, successors, assigns, and all persons in active concert or participation with them, from engaging in any employment practice which discriminates on the basis of race or which constitutes racial harassment; B. order Defendant to institute and carry out policies, practices and programs which provide equal employment opportunities regardless of race and which eradicate the effects of its unlawful employment practices; C. order Defendant to make whole Charging Party and a class of black employees by
3

C. order Defendant to make whole Charging Party and a class of black employees by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in Paragraph 7 above, in amounts to be determined at trial;
D. order Defendant to make whole Charging Party and a class of black employees by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in Paragraph 7 above, including emotional pain, suffering, and humiliation, in amounts to be determined at trial;
E. order Defendant to pay to Charging Party and a class of black employees punitive damages for its malicious and reckless conduct, as 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; and
G. award the Commission its costs in this action.

JURY TRIAL DEMAND

The Commission requests a jury trial on all questions of fact raised by the Complaint.

Respectfully submitted,

Gwendolyn Young Reams Associate General Counsel

~

. Equal Employment Opportunity
1801 [~_treet,~. I~, D,¢~ ~/20507 t--

Regio ,

~~isow Trial Attorney
No~ll; Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Chicago District Office 500 West Madison Street Suite 2800 Chicago, Illinois 60661 (312) 353-7303

http://www.ilnd.uscourts.gov/ vti bin/shtml.dll/PUBLIC/Forms/cvcover.h

UNi~-~D STATES DISTRICT COUR~ NORTHERN DISTRICT OF ILLINOIS

Civil Cover Sheet

This automated JS-44 conforms generally to the manual J8-44 approved by the Judicial Conference of the Ug~ted ~Igtes’iial~ ,c.~ September 1974. ~e data is required for the use of the Clerk of Co~ for the pu~ose of initiat~g the civil ~o~ket,~fieet.~

infom~ation contained herein heifer replaces nor supplements ~e filing and se~ice ofplead~gs or o~er pape)s a~qu~e~

law. This fo~ is authorized for use ~ in the No~em Dis~ct of Illinois.

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Plaintiff(s): U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
County of Residence:

Defendant(s): PRO-PAK INDUSTRIES, INC County of Residence:MAGIS’[l~’l~ IUDGI~ Rt~,.ot~O

Plaintiffs Arty: Noelle C. Brennan EEOC - Chicago District Office 500 W. Madison, Suite 2800 Chicago, IL 60661 312-353-7303

JAN ~ 9 ZOO1

Robert J. Kartholl Schirott & Luetkehans 105 E. Irving Park Rd. P.O.
Box 247, Itasca, IL 60143-0240

II. Basis of Jurisdiction: 1 U.S. Gov’t Plaintiff
/II. Citizenship of Principle
Parties (Diversity Cases Only)
Plaintiff:- N/A Defendant:- N/A

0552

IV. Origin ’

1. Original Proceeding

V. Nature of Suit:

442 Employment

VI.Cause of Action:

Title VII of the Civil Rights Act of I964, as amended, 42 U.S.C.

§2000e et seq. ("Title VII"), and Title I of the Civil Rights Act of 1991,

42 U.S.C. § 1981a.

VII. Requested in Complaint

Class Action:

Dollar Demand:

Jury Demand:

VIII. This case Is NOT a refiling of a previously dismissed case. (If yes case number b by Judge

Signature: "~ ~

If any of this information~ls incorrect, please go back to the Civil Cover Sheet Input form using the Back button in your browser a{ad~ngj

In the Matter of

UN(~ ~D STATES DISTRICT COURT NOR"I~HERN DISTRICT OF ILLINOI~
Eastern Division

V.
PRO-PAK INDUSTRIES, INC.
APPEARANCES ARE HEREBY FILED BY THE UNDERSIGNED AS ATTORNEY(S) FOR:

JAN 2 ~
,...,1.,,t

Noelle C. Brennan
EEOC - Chicago District Office
S~E~T ADDRESS
500 West Madison~uite 2800 meago, IL 60661
TELEPHONE NUMBE~

ARDC No.
MEMBER OF TRIAL ~AR?

YES ~I

NO ~

];Sn~’;en~i, son "
EEOC -,,:hicpgo Dis~ict Office ,,,
~0 W~t Madison, ~uite 2800 ,
Chicago, IL 60661
TELEPHONE NUMBER
(312) 353-8551
IDENTIFICATION NUMBER (SEE ITEM 4 ON REVERSE)
ARDC No. 01187589

TRIAL ATTORNEY?

YES

NO

DESIGNATED AS LOCAL COL~SEU YES

~JA~. Behar ~

k

FIRM

EE,OC - Chicag...o District Office

STREET ADDRESS
500 West Ma.diso% Suite .2..800
CITY/STATE/ZIP
Chicago, IL 60661

TELEPHONE NUMBER
(312) 353-7722

IDENTIFICATION NIJMBER (SE’E ITEM ~ ON REVERSE)

"

ARDC No. 06203727

TRIAL ATTORNEY? ¯ DESIGNATEDASLOCALCOUNSEL?
SIGNATURE

- YES ~ 1

I NO

YES ~

NO ~

(D)

NAME

FIRM
~.,
STREET ADDRESS

CITY/STATE/ZIP

TELEPHONENUMBER

IDENTIFICATION NUMBER (SEE ITEM 4 ON REVERSE)

MEMBER OF "I~[AL BAR7’ TRIAL ATTORNEY?

YES YESD

NO NO ~

 
 IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

-

-

-

-

-

-

,

-

-

-

- - - EASTER

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UNITED STATES EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION

)

)

Plaintiff,

)

)

and

)

)

KWAKU OWARE AND KOFI ASAMOAH

)

)

Intervenors

)

v.

)

No. 01 C 0552

)

PRO-PAK INDUSTRIES, INC.

)

)

Judge Robert Gettleman

,-------D-efe-nd-an-t. ,------)

CONSENT DECREE THE LITIGATION 1. Plaintiff Equal Employment Opportunity Commission ("EEOC'') filed this action alleging that since at least 1998 Defendant, Pro-Pak, Inc. ("Defendant" or "Pro-Pak''), violated Title VII of the Civil Rights Act of 1964,42 U.S.C. § 2000e et. seq" ("Title VII'') by discriminating against Charging Party Kwaku Oware and class member Kofi Asamoah ("Complainants'') on the basis oftheir race. Specifically, EEOC alleges that Defendant, at its West Chicago, Illinois facility violated Title VII by subjecting Complainants to a racially hostile work environment and terminating them in retaliation for complaining about harassment. Pro-Pak denies the allegations of the Complaint. 2. 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

•

2 resolved by entry ofthis Consent Decree ("Decree''). This Decree fully and finally resolves any and

all issues and claims arising out of the Complaint filed by EEOC in this action.

FINDINGS

3. Having carefully examined the terms and provisions ofthis Decree, and based on the

pleadings, record, and stipulations of the parties, the Court fmds 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 Complainants and the public interest are adequately protected by this Decree.

c.

This Decree conforms with the Federal Rules ofCivil Procedure and Title vn

and is not in derogation of the rights or privileges of any person. The entry of this Decree will
further the objectives ofTitle vn and will be in the best interests ofKwaku Oware, Kofi Asamoah,

Pro-Pale, EEOC and the public.

NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT:

NON-DISCRIMINATION

4. Pro-Pale, its officers, agents (including management personnel), successors, and

assigns are enjoined from discriminating on the basis ofrace and, in particular, from maintaining or

permitting a racially hostile work environment.
5. Defendant acknowledges its responsibility under Title vn to maintain a work

environment which is not racially hostile.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 1_18_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

3
NON-RETALIATION 6. Pro-Pak, its officers, agents, employees, successors, assigns, and al1 persons acting in concert with it shaH not engage in any form ofretaliation 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.
EFFECT OF DECREE 7. By entering into this Consent Decree the opposing parties do not admit each other's claims or defenses.
MONETARY RELIEF FOR COMPLAINANTS 8. The total amount of money to be paid by Defendant is fifty-five thousand dol1ars ($55,000) for settlement for the damages claimed in this case. 9. Within five (5) business days after entry of this Decree, Defendant wil1 mail to Intervenors' attorneys, the Law Offices ofElisabeth Shoenberger, 770 North Halstead Street, Suite 205, Chicago, Illinois 60622, a copy of release agreements. Intervenors' attorneys represented them in negotiating release agreements with Defendant. EEOC has not participated in the negotiation of the release agreements nor prepared them. 10. Within five (5) business days after receipt by Intervenors' attorneys of the release agreements, Intervenors' attorneys shall mail the signed release agreements to Robert J. Karthol1, Schirott & Luetkehans, P.C., 105 East Irving Park Road, Itasca, Illinois 60143. 11. Within five (5) business days after receipt of the release agreements, Defendant will tender to the Law Offices of Elisabeth Shoenberger a Pro-Pak check payable to Elisabeth Shoenberger, Kwaku Oware and Kofi Asamoah ("Payees'') in the amount of twenty-seven

4
thousand five hundred dollars ($27,500). 12. Within three (3) months after receipt of the release agreements, Defendant will
issue and tender to the Law Offices of Elisabeth Shoenberger a Pro-Pak check payable to Payees in the amount of four thousand five hundred eighty-three dollars and thirty-three cents ($4,583.35).
13. Within six (6) months after the Receipt of the release agreements, and every three (3) months thereafter for the duration of the Consent Decree, Defendant shall issue and tender to the Law Offices ofElisabeth Shoenberger a Pro-Pak check payable to Payees in the amount of four thousand five hundred eighty-three dollars and thirty-three cents ($4,583.33). Pro-Pak shall issue an I.R.S. Form 1099 to the Law Offices of Elisabeth Shocnberger.
14. Darrell Holmes shall personally guarantee full payment of the agreed monetary relief as delineated in Paragraphs 8 and 11-13 above.
POSTING OF NOTICE 15. Within five (5) business days after entry of this Decree, Pro-Pak 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 ofPro-Pak. The Notice shall remain posted for eighteen (18) months from the date of entry of this Decree. Pro-Pak shall take all reasonable steps to ensure that the posting is not altered, defaced or covered by any other material. Pro-Pak shall certify to EEOC in writing within ten (10) business days after entry of the Decree that the Notice has been properly posted. Pro-Pak shall permit a representative of EEOC to enter Pro-Pak's premises for purposes ofverifying compliance with this Paragraph at any time during normal business hours without prior notice.

5 RECORD KEEPING 16. For a period of eighteen (18) months following entry of this Decree, Pro-Pak shall maintain and make available for inspection and copying by EEOC records (including name, age, social security number, address, telephone number, complaint and resolution of the complaint) of each person complaining about discrimination on the basis ofrace and/or retaliation. 17. Pro-Pak shall make all documents or records referred to in Paragraph 16, above, available for inspection and copying within five (5) business days after EEOC so requests. In addition, Pro-Pak shall make available all persons within its employ whom EEOC reasonably requests for purposes of verifYing compliance with this Decree and shall permit a representative of EEOC to enter Pro-Pak's premises for such purposes on five (5) business days advance notice by EEOC. 18. Nothing contained in this Decree shall be construed to limit any obligation Pro-
Pak may otherwise have to maintain records under Title vn or any other law or regulation.
REPORTING 19. Pro-Pak shall furnish to EEOC the following written reports every six (6) months for a period of eighteen (18) months following entry of this Decree. The first report shall be due six (6) months after entry of the Decree. The final report shall be due eighteen (18) months after entry of the Decree. Each such report shall contain:
a A description of each complaint of racial harassment, race based
discrimination, retaliation, and the resolution of such complaint, occurring within the six (6) month period preceding the report;
b. A certification by Pro-Pak that the Notice required to be posted in Paragraph 15, above, remained posted during the entire six (6) month period preceding the report.

6
ADOPTION AND DISTRIBUTION OF NEW POLICY AGAINST RACIAL HARASSMENT
20. Pro-Pak shall create a new anti-discrimination policy ("Policy'') to be distributed to all current and future employees within thirty (30) days after entry of this Consent Decree. The Policy shall clearly define prohibited conduct and specifically prohibit racial insults and jokes. The Policy shall provide that complaints of racial harassment may be made to any person in the chain of command above an employee or directly to human resources personnel; employees who make complaints of harassment or provide information related to such complaints will be protected against retaliation; employees will not be required to complain ofharassment to a person against whom they allege harassment; the employer will protect the confidentiality of harassment complaints to the extent possible; the employer will take immediate and appropriate corrective action if and when it determines that harassment has occurred; employees who violate the policy are subject to discipline up to and including discharge pursuant to the Policy.
21. The Policy shall be distributed to all ofDefendant's employees and management staff and shall be included in any relevant policy or employee manuals kept by Defendant's business. The Policy shall also be kept and maintained in a conspicuous and accessible place for all employees and printed in a font that is easily legible (at least 12 point font).
22. A copy of the Policy shall be distributed to each new permanent or temporary employee on the day the employee is hired.
TRAINING 23. Defendant shall provide training to all Pro-Pak employees, including management, on equal employment opportunity laws (including race harassment) and the new Policy within sixty (60) days of entry of this Decree. Pro-Pak shall conduct separate training

7 sessions for its workers and management staff.
24. Within ten (10) calendar days of the completion of the training, Pro-Pak shall notify EEOC of the dates the training was conducted, the name and job title of the person(s) who conducted the training, and the name and job title of each person who received the training. ProPak shall utilize outside consultants to conduct this training.
25. Pro-Pak agrees to provide EEOC with any and all copies ofpamphiets, brochures, outlines or other written materials provided to the participants of the training sessions.
DISPUTE RESOLUTION 26. In the event that any party to this Decree believes that another 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. Ifthe alleged non-complying party has not remedied the alleged non-compliance or satisfied the complaining party that it has complied within ten (10) business days, the complaining party may apply to the Court for appropriate relief, which shall not exceed the terms of this decree.
DURATION OF THE DECREE AND RETENTION OF JURISDICTION 27. 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 eighteen (18) months immediately following entry of the Decree, provided, however, that if, at the end of the eighteen (18) month period, any disputes under Paragraph 26, 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.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ '1O_1~_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _

8 MISCELLANEOUS PROVISIONS
28. Each party to this Decree shall bear its own expenses, costs and attorneys' fees. 29. The tenns of this Decree are and shall be binding upon the present and future representatives, agents, directors, officers, assigns, and successors ofPro-Pak. 30. When this Decree requires the submission by Pro-Pak of reports, certifications, notices, or other materials to EEOC, they shall be mailed to: Pro-Pak Settlement, c/o Lauren Dreilinger, Trial Attorney, Equal Employment Opportunity Commission, 500 West Madison Street, Suite 2800, Chicago, Illinois 60661. When this Decree requires submission by EEOC of materials to Pro-Pak, they shall be mailed to: Robert Kartholl, Schirott & Luetkehans, P.C., 105 East Irving Park Road, Itasca, Illinois 60143.

For the EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
. kson omey

For PRO-PAK. INDUSTRIES, INC
and DARRELL HOLMES
Robert J. Kartholl
Schirott & Luetkehans, P.C. 105 East Irving Park Road Itasca, Illinois 60143 (63~8500

Noelle Brennan Supervisory Trial Attorney
Lauren G. Dreilinger Trial Attorney

ForltWAKU owARE BIld I(OFI ASAMOAH
~etb E. SbDenbeqc:r
Tb La.w Offtcca ofBJisabcth B. Sboenbergor 77b North Halsted Street, Swto 20S Chicago, Jllinoi, 60622
~B.C~6=P~'5l~

DATB;

ENIn:~(~
The HOJIDrablc Robert Gctt!crnan Unite4 States District Coun lud&.

.. .. .•'."__ ________ _______________

~~~_m":._~".¥U_

~

"~Q.~

,
•
9
For KWAKU OWARE and KOFI ASAMOAH Elisabeth E. Shoenberger The Law Offices of Elisabeth E. Shoenberger 770 North Halsted Street, Suite 205 Chicago, Illinois 60622 Elisabeth E. Shoenberger
The Honorable Robert Gettleman United States District Court Judge
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _._ _ _ _ _ _ _ _ _ _I_~"'_ _- - - - - - - - - - - -

1 EXBIBITA

NOTICE TO ALL PRO-PAl( EMPLOYEES

This Notice is being posted pursuant to a Consent Decree entered by the federal court in EEOC v. Pro-Pak Industries. No. 01 C 0552 (N.D. Ill.) settling a lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") against Pro-Pak Industries, ("Pro-Pak',).

In its suit, EEOC alleged that Pro-Pak subjected Complainants Kwaku Oware
and Kofi Asamoah to a racially hostile work environment, subjected Complainants to discriminatory terms and conditions of employment because oftheir race, and
terminated Complainants in retaliation for their complaints of discrimination, in
violation of Title vn of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et. Seq., (''Title
VII'') . Pro-Pak denies the allegations made by EEOC.

To resolve the case, Pro-Pak, EEOC, Kwaku Oware and Kofi Asamoah have entered into a Consent Decree which requires, among other things, that:

1) Pro-Pak will pay monetary relief;

2) Pro-Pak will not discriminate on the basis of race in the future;

3) Pro-Pak will not retaliate against any persoll because he opposed any
practice made unlawful by Title vn, filed a Title VII charge of
discrimination, participated in any Title VD proceeding, or asserted any
rights under the Consent Decree.

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 EEOC at (312) 353-8195. 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

Date:

This Notice must remain posted for eighteen (18) 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: Pro-Pak Settlement, EEOC 500 West Madison Street, Suite

2800, Chicago, Illinois 60661.

~~

The Honorable Robeft Gettleman

United States District Court Judge

 
 CM/ECF LIVE, Ver 3.0 - U.S. District Court, Northern Illinois - Docket... https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?570968830390486-L_35...
MASON, PROTO, TERMED
United States District Court Northern District of Illinois - CM/ECF LIVE, Ver 3.0 (Chicago)
CIVIL DOCKET FOR CASE #: 1:01-cv-00552

EEOC v. Pro Pak Ind Inc Assigned to: Hon. Robert W. Gettleman Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 01/26/2001 Date Terminated: 09/18/2002 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

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

Jose Jorge Behar Hughes Socol Piers Resnick & Dym Ltd. 70 West Madison Street Suite 4000 Chicago, IL 60602 (312) 580-0100 Fax: 312-580-1994 Email: jbehar@hsplegal.com ATTORNEY TO BE NOTICED

Lauren G Dreilinger United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800

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V. Defendant Pro-Pak Industries, Inc.
Intervenor Plaintiff Kwaku Oware
Intervenor Plaintiff

Chicago, IL 60661 (312) 353-7568
represented by Robert James Kartholl, Jr. Law Offics of Robert Kartholl 105 East Irving Park Road Itasca, IL 60143 (630)760-4627 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Christopher J. Lee Niro, Scavone, Haller & Niro, Ltd. 181 West Madison Street Suite 4600 Chicago, IL 60602 (312) 236-0733 TERMINATED: 04/12/2001 ATTORNEY TO BE NOTICED
Phillip Anthony Luetkehans Schirott & Luetkehans, P.C. 105 East Irving Park Road Itasca, IL 60143 (708) 773-8500 Email: pluetkeh@sl-atty.com ATTORNEY TO BE NOTICED
represented by James C. Vito James C. Vito, Esq. 1480 Renaissance Drive, Suite 209 Park Ridge, IL 60068 (847) 803-9911 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Elisabeth E. Shoenberger Shoenberger Law Offices 4305 N. Lincoln Ave. Chicago, IL 60618 (773)244-9628 Email: shoenberger@earthlink.net ATTORNEY TO BE NOTICED

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Kofi Asamoah

represented by James C. Vito (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Elisabeth E. Shoenberger (See above for address) ATTORNEY TO BE NOTICED

Date Filed 01/26/2001
03/14/2001 03/19/2001 04/02/2001 04/06/2001
04/12/2001 04/26/2001 05/03/2001
05/09/2001 05/09/2001 05/30/2001
05/31/2001 06/11/2001

#

Docket Text

1 COMPLAINT; jury demand - Civil cover sheet - Appearance(s) of Noelle Christine Brennan, Jose Jorge Behar and John C. Hendrickson as attorney(s) for plaintiff EEOC (No summons(es) issued.) (Documents: 1-1 through 1-3) (hp) (Entered: 01/29/2001)
2 ATTORNEY APPEARANCE for defendant by Robert James Kartholl Jr. and Phillip Anthony Luetkehans ; Notice (las) (Entered: 03/15/2001)
3 WAIVER of service of summons as to defendant sent on 1/29/01 (las) (Entered: 03/19/2001)
4 ANSWER and affirmative defenses by defendant to complaint at law [1-1]; Notice (las) (Entered: 04/03/2001)
SCHEDULE set on 4/6/01 by Hon. Robert W. Gettleman : Status hearing set to 9:00 5/3/01 . Status report due 4/26/01 . Judge's staff notice (gds) (Entered: 04/06/2001)
5 LETTER from Christopher J. Lee to Judge Gettleman dated 4/11/01 (Attachments) (las) (Entered: 04/13/2001)
6 JOINT STATUS REPORT by parties (las) (Entered: 04/30/2001)
SCHEDULE set on 5/3/01 by Hon. Robert W. Gettleman : Status hearing held and continued to 9:00 10/18/01 . Discovery ordered closed on 11/21/01 . open court notice (gds) (Entered: 05/03/2001)
7 MOTION by Oware and Asamoah to intervene ; Notice (las) (Entered: 05/31/2001)
8 APPEARANCE for Kwaku Oware and Kofi Asamoah by James C. Vito and Elisbeth Shoenberger (las) (Entered: 05/31/2001)
9 MINUTE ORDER of 5/30/01 by Hon. Robert W. Gettleman : Motion of Oware and Asamoah to intervene [7-1] is entered and continued to 9:00 a.m. on 6/18/01. No notice. (las) (Entered: 05/31/2001)
MAILED Rule 3.14 letters to Attorneys James C. Vito and Elisabeth Shoenberger (las) (Entered: 05/31/2001)
10 ATTORNEY APPEARANCE for intervenors plaintiff by James C. Vito and Elisabeth Shoenberger (las) (Entered: 06/12/2001)

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06/18/2001
06/27/2001 07/26/2001
08/15/2001 08/31/2001 09/06/2001 10/18/2001 10/24/2001 10/31/2001 10/31/2001 11/06/2001 12/11/2001 01/09/2002 01/09/2002 06/07/2002

11 MINUTE ORDER of 6/18/01 by Hon. Robert W. Gettleman : Status hearing set for 9:00 a.m. on 7/26/01. Motion of Kwaku Oware and Kofi Asamoah to intervene is granted [7-1], with the understanding that defendants can move to dismiss. Response to intervening complaint is due by 7/10/01. No notice. (las) (Entered: 06/26/2001)
12 INTERVENOR'S COMPLAINT by intervenor plaintiff (las) (Entered: 06/29/2001)
SCHEDULE set on 7/26/01 by Hon. Robert W. Gettleman : Answer to intervening complaint is due by 8/16/01.Status hearing held and continued to 9:00 9/6/01 . Status report due 8/31/01 . open court notice (gds) (Entered: 07/26/2001)
13 ANSWER and affirmative defenses by Pro Pak Ind Inc to Interveners' complaint [12-1] ; Notice (las) (Entered: 08/16/2001)
14 JOINT STATUS REPORT by plaintiff and defendant; Notice (yap) (Entered: 09/05/2001)
SCHEDULE set on 9/6/01 by Hon. Robert W. Gettleman : Status hearing held. open court notice (gds) (Entered: 09/07/2001)
SCHEDULE set on 10/18/01 by Hon. Robert W. Gettleman : Status heraing held. Settlement conference set for 1:30 11/6/01 . open court notice (gds) (Entered: 10/18/2001)
15 AGREED MOTION by plaintiff for leave to file appearance instanter (Attachment); Notice. (yp) Modified on 11/01/2001 (Entered: 11/01/2001)
16 MINUTE ORDER of 10/31/01 by Hon. Robert W. Gettleman : Plaintiff's agreed motion for leave to file appearance instanter is granted [15-1]. No notice (yp) (Entered: 11/01/2001)
17 ATTORNEY APPEARANCE for plaintiff by Lauren G Dreilinger. (yp) (Entered: 11/01/2001)
SCHEDULE set on 11/6/01 by Hon. Robert W. Gettleman : Status hearing set to 9:00 12/11/01. Discovery stayed during further settlement discussion. Settlement conference held. Chambers notice (gds) (Entered: 11/08/2001)
18 MINUTE ORDER of 12/11/01 by Hon. Robert W. Gettleman : Status hearing held and continued to 1/9/02 at 9:00a.m. (Entered Agreed Protective Order.) No notice (lc) (Entered: 12/12/2001)
19 REVISED JOINT STATUS REPORT by parties (las) (Entered: 01/11/2002)
SCHEDULE set on 1/9/02 by Hon. Robert W. Gettleman : Status hearing held and continued to 9:00 7/31/02 . Discovery ordered closed on 7/31/02 . Open court notice (gds) (Entered: 01/14/2002)
20 MOTION by plaintiff to amend discovery schedule and for briefing schedule of EEOC'S motion to compel production of documents. (Attachments); Notice (las) (Entered: 06/13/2002)

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06/12/2002
06/27/2002 07/02/2002
07/17/2002 07/25/2002 08/27/2002 09/18/2002

21 MINUTE ORDER of 6/12/02 by Hon. Robert W. Gettleman : Status hearing reset to 9:00 a.m. on 9/5/02. Plaintiff's motion to amend discovery schedule and for briefing schedule on EEOC's motion to compel is granted [20-1]. Plaintiff's motion to compel is due by 7/3/02. Defendant's response is due by 7/17/02. Plaintiff's reply is due by 7/31/02. No notice. (las) (Entered: 06/13/2002)
22 JOINT MOTION by plaintiff EEOC for judicial settlement conference and stay of briefing schedule ; Notice of motion (eav) (Entered: 07/03/2002)
23 MINUTE ORDER of 7/2/02 by Hon. Robert W. Gettleman : Joint motion for judicial settlement conference and [22-1], stay of briefing schedule is granted. [22-2] Settlement posture letters are due by 7/12/02. Settlement pretrial conference is set for 7/17/02, at 2:00 p.m. No notice (eav) (Entered: 07/03/2002)
SCHEDULE set on 7/17/02 by Hon. Robert W. Gettleman : Status hearing set to 9:00 7/25/02 . Settlement conference held. In chambers notice (gds) (Entered: 07/17/2002)
SCHEDULE set on 7/25/02 by Hon. Robert W. Gettleman : Status hearing reset to 9:00 8/27/02 . Telephone notice (gds) (Entered: 07/25/2002)
SCHEDULE set on 8/27/02 by Hon. Robert W. Gettleman : Status hearing held and continued to 9:00 9/18/02 . Open court notice (gds) (Entered: 08/27/2002)
24 MINUTE ORDER of 9/18/02 by Hon. Robert W. Gettleman: (Consent Decree entered (Attachments)). Defendants are enjoined. terminating case No notice (fce) (Entered: 09/23/2002)

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