Case 0:06-cv-03841-JNE-JJG Document 1-1 Filed 09/26/2006 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

LEIFERMAN ENTERPRISES, LLC,

)

d/b/a HARMON AUTOGLASS

)

)

Defendant.

)

__________________________________________)

CIVIL ACTION NO. C O M P L A I N T
JURY TRIAL DEMAND

NATURE OF THE ACTION

This is an action under Title I of the Americans with Disabilities Act of 1990 and

Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the

basis of disability and to provide appropriate relief to Steve W. Dolge, who was affected

by such practices. The Equal Employment Opportunity Commission (“EEOC”) alleges

that Leiferman Enterprises, LLC, d/b/a Harmon AutoGlass (“Harmon”), terminated Steve

W. Dolge because of his disability, Type I diabetes.

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 Section 107(a)

of the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. § 12117(a), which

incorporates by reference Section 706 of Title VII of the Civil Rights Act of 1964 (“Title

VII”), 42 U.S.C. § 2000e-5(f)(1) and (3).

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Case 0:06-cv-03841-JNE-JJG Document 1-1 Filed 09/26/2006 Page 2 of 5
2. The employment practices alleged to be unlawful were committed within the State of Minnesota.
PARTIES 3. Plaintiff EEOC is the agency of the United States of America charged with the administration, interpretation and enforcement of Title I of the ADA and is expressly authorized to bring this action by Section 107(a) of the ADA, 42 U.S.C. § 12117(a), which incorporates by reference Section 706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3). 4. At all relevant times, Leiferman Enterprises, LLC, d/b/a Harmon AutoGlass (“Harmon”), has been doing business in the State of Minnesota, and has had at least 15 employees. 5. At all relevant times, Harmon has been an employer engaged in an industry affecting commerce under Section 101(5) of the ADA, 42 U.S.C. § 12111(5), and Section 101(7) of the ADA, 42 U.S.C. § 12111(7), which incorporates by reference Sections 701(g) and (h) of Title VII, 42 U.S.C. §§ 2000e(g) and (h). 6. At all relevant times, Harmon has been a covered entity under Section 101(2) of the ADA, 42 U.S.C. § 12111(2).
STATEMENT OF CLAIMS 7. More than thirty days prior to the institution of this lawsuit, Steve W. Dolge filed a charge with the EEOC alleging violations of Title I of the ADA by Harmon. All conditions precedent to the institution of this lawsuit have been fulfilled.
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Case 0:06-cv-03841-JNE-JJG Document 1-1 Filed 09/26/2006 Page 3 of 5
8. Steve W. Dolge is a qualified individual with a disability, Type I diabetes. 9. On or about November, 2004, Harmon terminated Dolge’s employment as a technician because of his disability, in violation of Section 102(a) of Title I of the ADA, 42 U.S.C. § 12112(a). 10. The effect of the practices complained of in paragraph 9 above has been to deprive Steve W. Dolge of equal employment opportunities and otherwise adversely affect his status as an employee, because of his disability. 11. The unlawful employment practices complained of in paragraph 9 above were intentional. 12. The unlawful employment practices complained of in paragraph 9 above were done with malice or with reckless indifference to the federally protected rights of Steve W. Dolge.
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 it from engaging in employment practices which discriminate on the basis of disability. B. Order Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for qualified individuals with disabilities, and which eradicate the effects of its unlawful employment practices. C. Order Defendant to make whole Steve W. Dolge by providing appropriate
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Case 0:06-cv-03841-JNE-JJG Document 1-1 Filed 09/26/2006 Page 4 of 5
backpay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including, but not limited to, rightful place reinstatement to his former position.
D. Order Defendant to make whole Steve W. Dolge by providing compensation for pecuniary losses resulting from the unlawful practices complained of in paragraph 9 above, including, but not limited to, job search expenses and medical expenses.
E. Order Defendant to make whole Steve W. Dolge by providing compensation for nonpecuniary losses resulting from the unlawful practices complained of in paragraph 9 above, including emotional pain, suffering, inconvenience, loss of enjoyment of life, and humiliation, in amounts to be determined at trial.
F. Order Defendant to pay Steve W. Dolge punitive damages for its malicious and reckless conduct, as described in paragraph 9 above, in an amount to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
H. Award the Commission its costs of this action.
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Case 0:06-cv-03841-JNE-JJG Document 1-1 Filed 09/26/2006 Page 5 of 5
JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its
complaint.
RONALD S. COOPER General Counsel JAMES LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel Equal Employment Opportunity Commission 1800 L Street, N.W. Washington, DC 20507
___________________________ John Hendrickson Regional Attorney __________________________ Jean P. Kamp Associate Regional Attorney __________________________ Brian Tyndall Senior Trial Attorney Equal Employment Opportunity Commission Milwaukee Area Office 310 West Wisconsin Avenue, Suite 800 Milwaukee, Wisconsin 53203-2292 (414) 297-1130
5

 
 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

LEIFERMAN ENTERPRISES, LLC,

)

d/b/a HARMON AUTOGLASS, and

)

AUTO GLASS REPAIR AND WINDSHIELD )

REPLACEMENT SERVICES, INC.,

)

)

Defendants.

)

__________________________________________)

CIVIL NO. 0:06-CV-3841

CONSENT DECREE AND ORDER RESOLVING CLAIMS AGAINST AUTO GLASS REPAIR AND WINDSHIELD REPLACMENT SERVICES, INC.

This action was filed by the Equal Employment Opportunity Commission

(“Commission”) against defendant Leiferman Enterprises, LLC, d/b/a Harmon AutoGlass

(“Leiferman”) pursuant to Title I of the Americans with Disabilities Act of 1990 (“ADA”) and

Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of

disability and to provide appropriate relief to Steve W. Dolge. The Commission alleged Mr.

Dolge was adversely affected by such practices when his employment with Harmon/Leiferman

was terminated because of his disability, Type I diabetes. The Commission alleged that Auto

Glass Repair and Windshield Replacement Services, Inc. (“AutoGlass”), as successor to

Leiferman, was liable for the matters alleged against Leiferman, solely because of its successor

status. The Commission does not allege that AutoGlass acted in violation of the ADA, nor does

this Consent Decree constitute a finding or admission of any wrongdoing by AutoGlass under the

ADA or otherwise. The Commission and defendant AutoGlass (the “parties” to this Consent

Decree) have agreed to resolve this matter pursuant to this Consent Decree, without continuing to trial on the merits of the Commission’s claim against AutoGlass.
NOW, THEREFORE, the Court having carefully examined the terms and provisions of this Consent Decree, and based on the pleadings, record and stipulations of the parties, it is ORDERED, ADJUDGED, AND DECREED THAT: 1. This Court has jurisdiction over the subject matter of this action and over the parties for
purposes of entering and enforcing this Decree. 2. The terms of this Decree are adequate, fair, reasonable, equitable and just. 3. This Decree conforms with the Federal Rules of Civil Procedure and is not in derogation
of the rights or privileges of any person. The entry of this Decree will further the objectives of the ADA, and will be in the best interests of the parties, those for whom EEOC seeks relief, and the public. 4. This Decree resolves all claims against AutoGlass arising out of the Charge of Discrimination filed by Steve W. Dolge against Harmon Auto Glass, EEOC Charge No. 265-2005-00540, and constitutes a complete resolution of all claims under the ADA that were made or could have been made by him against AutoGlass in that charge. The parties further agree that this Decree does not resolve any other claims, including claims against Leiferman arising from that charge. This Decree does not and shall not be deemed to prejudice or in any way resolve the claims of EEOC against Leiferman, and all those claims shall remain pending in this action and may be pursued by EEOC against Leiferman.
2

INJUNCTIVE RELIEF 1. Dissemination of Policy Statement.
AutoGlass agrees to issue and disseminate to all its employees, within 60 days of execution of this Consent Decree, an effective policy in regard to the ADA, including a clear and effective procedure for requesting reasonable accommodation. Said policy shall be disseminated to all new employees for two years from the date of execution of this Consent Decree. 2. Training.
Within 120 days of execution of this Consent Decree AutoGlass shall provide training in regard to the policy described in the preceding paragraph, to all its employees and shall provide the EEOC’s Milwaukee Area Office with a list of those trained and the date and description of the training provided. Such training shall be conducted by one or more trainers, chosen by AutoGlass from its in-house human resources staff or from outside, with the consent of the Commission, and shall include training in regard to the ADA, reasonable accommodation, and the interactive process for determining reasonable accommodation. 3. Posting.
AutoGlass shall place a public notice, in a conspicuous place, at all of its locations, for a period of one year from the date of entry of this Consent Decree and Order. The notice shall be in a form attached as Exhibit A, and shall be captioned “Notice To All Employees.” 4. Certification to Commission.
Upon compliance with the foregoing provisions in paragraphs 1-3 of this Injunctive Relief Section, AutoGlass shall promptly certify to the undersigned counsel for the Commission that it has complied with them.
3

5. Reporting. AutoGlass shall report in writing to the EEOC’s Milwaukee Area Office, every six
months starting with June 1, 2008 and continuing until December 31, 2008, all requests for reasonable accommodation at AutoGlass subject to the Americans with Disabilities Act, with details including the specific facts of the request, the persons involved, and the actions taken by AutoGlass to respond to the request. 6. Record Retention.
For three years from the entry of this Consent Decree and Order, AutoGlass shall maintain all records pertaining to the requests reported in paragraph 5 hereof. AutoGlass shall make such records available for inspection by the Commission. MONETARY RELIEF
AutoGlass agrees, within 15 days of signature of this Consent Decree and Order by the Court, to pay to Mr. Dolge $45,000, consisting of $20,000 for lost wages (less proper withholdings) and $25,000 for damages. AutoGlass shall pay its own share of all applicable withholdings, which shall not reduce the award. AutoGlass shall mail the payment to Mr. Dolge at 11972 36th Circle N.E., St. Michael, MN 55376, and shall simultaneously provide a copy of the payment check(s) to the undersigned counsel for the Commission.
SO ORDERED, ADJUDGED AND DECREED this 14th day of February 2008. s/Ann D. Montgomery ____________________________ JUDGE ANN D. MONTGOMERY UNITED STATES DISTRICT COURT
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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 “L” Street, N.W. Washington, D.C. 20507
RONALD S. COOPER General Counsel
JAMES LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Milwaukee Area Office 310 W. Wisconsin Ave., Suite 800 Milwaukee, WI 53203-2292 Phone (414) 297-1130

s/John C. Hendrickson JOHN C. HENDRICKSON Regional Attorney

Date: December 20, 2007

s/Jean P. Kamp JEAN P. KAMP Associate Regional Attorney

Date: December 20, 2007

s/Brian C. Tyndall BRIAN C. TYNDALL Senior Trial Attorney

Date: December 20, 2007

Auto Glass Repair and Windshield Replacement Services, Inc.

s/Mark Reese President

Date: January 30, 2008

5

Exhibit A NOTICE TO ALL EMPLOYEES This notice is being posted by order of the Court in a lawsuit brought against Leiferman Enterprises, LLC d/b/a Harmon AutoGlass (“Leiferman”) and Auto Glass Repair and Windshield Replacement Services, Inc. (“AutoGlass”) by the U.S. Equal Employment Opportunity Commission (“EEOC”). The EEOC alleged that Leiferman violated the Americans With Disabilities Act of 1990 when it terminated the employment of one of its glass installers because of his diabetes, and that AutoGlass, as successor to Leiferman, was liable for the violation, solely because of its successor status. The Commission did not allege that AutoGlass acted in violation of the ADA, nor has there been a finding or admission of any wrongdoing by AutoGlass under the ADA or otherwise. This lawsuit has been resolved as to AutoGlass without a finding of wrongdoing by AutoGlass. Should you have any complaints of discrimination based on disability, contact AutoGlass’s Human Resources Manager, or the local EEOC office in Minneapolis. EEOC charges no fee for its services, and has employees who speak languages other than English. EEOC’s offices are accessible to individuals with disabilities. THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE
Dated: January 30, 2008
s/Mark Reese President
6

 
 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

LEIFERMAN ENTERPRISES, LLC,

)

d/b/a HARMON AUTOGLASS, and

)

AUTO GLASS REPAIR AND WINDSHIELD )

REPLACEMENT SERVICES, INC.,

)

)

Defendants.

)

__________________________________________)

CIVIL NO. 06-CV-3841 ADM/JSM

DEFAULT JUDGMENT

This action was filed by the Equal Employment Opportunity Commission

(“Commission”) against defendant Leiferman Enterprises, LLC, d/b/a Harmon AutoGlass

(“Leiferman”) pursuant to Title I of the Americans with Disabilities Act of 1990 (“ADA”) and

Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of

disability and to provide appropriate relief to Steve W. Dolge. The Commission alleged Mr.

Dolge was adversely affected by such practices when his employment with Harmon/Leiferman

was terminated because of his disability, Type I diabetes. The Commission alleged that Auto

Glass Repair and Windshield Replacement Services, Inc. (“AutoGlass”), as successor to

Leiferman, was liable for the matters alleged against Leiferman, solely because of its successor

status. Defendant AutoGlass has entered into a Consent Decree with EEOC and is no longer

involved in the pending litigation. Defendant Leiferman, following the withdrawal of its

counsel, has failed to retain new counsel to defend this action and is in default.

NOW, THEREFORE, the Court having carefully examined the files and proceedings herein, it is ORDERED, ADJUDGED, AND DECREED THAT: 1. This Court has jurisdiction over the subject matter of this action and over the parties for
purposes of enforcing this Default Judgment. 2. The terms of this Default Judgment are adequate, fair, reasonable, equitable and just. 3. This Default Judgment conforms with the Federal Rules of Civil Procedure and is not in
derogation of the rights or privileges of any person. The entry of this Default Judgment will further the objectives of the ADA, and will be in the best interests of the parties to this action, those for whom EEOC seeks relief, and the public. 4. This Default Judgment resolves all claims against Leiferman arising out of the Charge of Discrimination filed by Steve W. Dolge against Harmon Auto Glass, EEOC Charge No. 265-2005-00540, and constitutes a complete resolution of all claims under the ADA that were made or could have been made by him against Leiferman in that charge. The parties further agree that this Decree does not grant relief against AutoGlass, which has been resolved separately in the Consent Decree on file herein. This Default Judgment does not resolve any other claims.
2

INJUNCTIVE RELIEF 1. Injunction
Defendant Leiferman and its officers, agents, employees, successors, and all persons in active concert or participation with them shall be and are hereby permanently enjoined from engaging in any employment practice that discriminates on the basis of disability. In the event Leiferman returns to active business during the term hereof, it shall also be subject to the other injunctive provisions set forth in paragraphs 2 through 7 below. 2. Training
Defendant Leiferman, shall provide training in regard to the Americans With Disabilities Act to all of its management and supervisory employees and shall annually provide the EEOC’s Milwaukee District Office with a list of those trained and the date and description of the training provided. Such training shall be conducted by one or more outside trainers chosen by Defendant PDI with the consent of the Commission, and shall be conducted for two hours each year for the three years following the date of entry of this Default Judgment. 3. Posting
Defendant Leiferman shall place a public notice, in a conspicuous place, at its offices, for a period of three years from the date of entry of this Default Judgment. The notice shall be in the form attached hereto as Exhibit A and captioned “Notice To All Employees.” Defendant Leiferman shall annually provide the EEOC’s Milwaukee District Office with proof of compliance with this provision.
3

4. Certification to Commission Upon each annual compliance with the foregoing provisions of this Default Judgment,
Defendant Leiferman shall promptly certify to the undersigned counsel for the Commission that it has complied therewith. 5. Reporting
For three years from the entry of this Default Judgment, defendant Leiferman shall report in writing, to the undersigned counsel for the Commission (on a semiannual basis every June 30 and December 31 starting with June 30, 2008), all requests for reasonable accommodation at Leiferman subject to the Americans with Disabilities Act, with details including the specific facts of the request, the persons involved, and the actions taken by Leiferman to respond to the request. 6. Record Retention
For three years from the entry of this Consent Decree and Order, Leiferman shall maintain all records pertaining to the requests reported in paragraph 5 hereof, and shall make such documents available for inspection by the Commission pursuant to Paragraph 7 hereof. 7. Right of Entry for Inspection
The Commission shall have the right, on 48 hours’ written notice to Leiferman, to enter upon defendant’s offices and inspect any relevant documents or records for the purpose of determining defendant’s compliance with this Default Judgment. MONETARY RELIEF
Defendant Leiferman shall have judgment entered against it for following monetary relief: the full amount of lost back wages and benefits, compensatory damages, punitive damages, and costs that this court shall determine to be due Steve W. Dolge and EEOC pursuant
4

to a Motion for Money Damages to be scheduled by the court. Said motion shall be limited solely to the amount of such relief to be paid to Dolge and EEOC by Leiferman. The amount of relief so awarded shall not be binding on AutoGlass, whose liability has been determined in the Consent Decree herein.
BY THE COURT:

Dated: June 16, 2008.

s/Ann D. Montgomery ANN D. MONTGOMERY U.S. DISTRICT JUDGE

5

Exhibit A
NOTICE TO ALL EMPLOYEES
This notice is being posted by order of the Court in a lawsuit brought against Leiferman Enterprises, LLC (“Leiferman”) by the U.S. Equal Employment Opportunity Commission (“EEOC”). The EEOC alleged that Leiferman violated the Americans With Disabilities Act (“the ADA”) when it terminated the employment of one of its glass installers because of his diabetes.
Leiferman has been ordered to pay lost wages and benefits and other damages to the glass installer, and has further been ordered not to discriminate against any employee or applicant on the basis of disability.
Should you have any complaints of discrimination on the basis of disability, you can contact [________________], or the EEOC office in Minneapolis. EEOC charges no fee for its services, and has employees who speak languages other than English. EEOC’s offices are accessible to individuals with disabilities.
THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE
6

 
 CLOSED,CV
U.S. District Court U.S. District of Minnesota (DMN) CIVIL DOCKET FOR CASE #: 0:06−cv−03841−ADM−JSM

Equal Employment Opportunity Commission v. Leiferman Enterprises, LLC Assigned to: Judge Ann D. Montgomery Referred to: Magistrate Judge Janie S. Mayeron Cause: 42:2000e Job Discrimination (Employment)
Plaintiff

Date Filed: 09/26/2006 Date Terminated: 07/09/2008 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Equal Employment Opportunity Commission

represented by Brian C Tyndall Equal Employment Opportunity Commission 310 W Wisconsin Ave Ste 800 INACTIVE Milwaukee, WI 53203−2292 414−297−1130 Fax: 414−297−3146 Email: brian.tyndall@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jean P Kamp Equal Employment Opportunity Commission 500 W. Madison Street Suite 2000 INACTIVE Chicago, IL 60661 312−869−8116 Fax: 312−869−8124 Email: jean.kamp@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

John−NA C Hendrickson Not Admitted LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant
Leiferman Enterprises, LLC doing business as Harmon Autoglass

represented by Leiferman Enterprises, LLC James Bartholomew Lighthouse Management Group, Inc PO Box 2057 Stillwater, MN 55082 651−439−5119 PRO SE
Corie J Tarara Seaton, Peters & Revnew, PA 7300 Metro Blvd Ste 500 Mpls, MN 55439 952−921−4615 Fax: 952−896−1704 Email: ctarara@seatonlaw.com TERMINATED: 04/21/2007 ATTORNEY TO BE NOTICED

Defendant
Auto Glass Repair and Windshield Replacement Services, Inc.

Thomas R Revnew Seaton, Peters & Revnew, PA 7300 Metro Blvd Ste 500 Mpls, MN 55439 952−896−1700 Fax: 952−896−1704 Email: trevnew@seatonlaw.com TERMINATED: 04/21/2007 ATTORNEY TO BE NOTICED
represented by Gregory M Erickson Mohrman Kaardal & Erickson, PA 150 S 5th St. Ste. 3100 Mpls, MN 55402 United Sta 612−465−0937 Fax: 612−341−1076 Email: erickson@mklaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Steven R Kluz Stoel Rives LLP 33 S 6th St Ste 4200 Mpls, MN 55402 612−373−8824 Fax: 612−373−8881 Email: steve.kluz@stoel.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/26/2006
11/22/2006 12/14/2006 12/19/2006 02/02/2007 02/02/2007 02/02/2007 02/07/2007

# Docket Text
1 COMPLAINT with Jury Demand against Leiferman Enterprises, LLC. Assigned to Judge Joan N. Ericksen per Civil Rights list and referred to Magistrate Judge Jeanne J. Graham., filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(RJL) (Entered: 09/26/2006)
2 ANSWER to Complaint by Leiferman Enterprises, LLC. (Attachments: # 1 Certificate of Service)(Tarara, Corie) (Entered: 11/22/2006)
3 WAIVER OF SERVICE Returned Executed filed by Equal Employment Opportunity Commission. Leiferman Enterprises, LLC waiver sent on 11/12/2006, answer due 1/11/2007. (Tyndall, Brian) (Entered: 12/14/2006)
4 NOTICE of Hearing: Pretrial Conference set for 2/9/2007 10:30 AM, in Room 750, 180 East 5th Street, St Paul, before Magistrate Judge Jeanne J. Graham. (RJL) (Entered: 12/19/2006)
5 LETTER TO MAGISTRATE JUDGE by Equal Employment Opportunity Commission regarding Parties Joint Rule 26(f) Report. (Tyndall, Brian) (Entered: 02/02/2007)
6 DOCUMENT FILED IN ERROR − WILL RE−FILE REPORT of Rule 26(f) Planning Meeting by Equal Employment Opportunity Commission.(Tyndall, Brian) Modified on 2/2/2007 (jam). (Entered: 02/02/2007)
7 REPORT of Rule 26(f) Planning Meeting by Equal Employment Opportunity Commission, Leiferman Enterprises, LLC.(Tyndall, Brian) Modified filers and text on 2/5/2007 (akl). (Entered: 02/02/2007)
8 MOTION to Withdraw as Attorney by Leiferman Enterprises, LLC. (Revnew, Thomas) (Entered: 02/07/2007)

02/07/2007 02/07/2007 02/07/2007 02/07/2007 02/07/2007 02/12/2007 02/12/2007 03/16/2007 03/21/2007 03/23/2007
04/10/2007 06/01/2007 06/01/2007 06/01/2007 06/01/2007 06/01/2007

9 NOTICE OF HEARING ON MOTION 8 MOTION to Withdraw as Attorney: Motion Hearing set for 3/21/2007 09:00 AM in St Paul − Courtroom 5 before Magistrate Judge Jeanne J. Graham. (Revnew, Thomas) (Entered: 02/07/2007)
10 MEMORANDUM in Support re 8 MOTION to Withdraw as Attorney for Leiferman Enterprises,LLc d/b/a Harmon Autoglass filed by Leiferman Enterprises, LLC. (Revnew, Thomas) (Entered: 02/07/2007)
11 AFFIDAVIT of Thomas R. Revnew in SUPPORT OF 8 MOTION to Withdraw as Attorney for Leiferman Enterprises, LLC d/ba Harmon Autoglass filed by Leiferman Enterprises, LLC. (Attachments: # 1 Exhibit(s) A# 2 Exhibit(s) B# 3 Exhibit(s) C# 4 Exhibit(s) D)(Revnew, Thomas) (Entered: 02/07/2007)
12 LR7.1 WORD COUNT COMPLIANCE CERTIFICATE by Leiferman Enterprises, LLC re 10 Memorandum in Support of Motion filed by Leiferman Enterprises, LLC. (Revnew, Thomas) (Entered: 02/07/2007)
13 CERTIFICATE OF SERVICE by Leiferman Enterprises, LLC re 11 Affidavit in Support of Motion,, 9 Notice of Hearing on Motion, 10 Memorandum in Support of Motion, 8 MOTION to Withdraw as Attorney, 12 LR7.1 Word Count Compliance Certificate (Revnew, Thomas) (Entered: 02/07/2007)
14 AMENDED NOTICE of Hearing on Motion 8 MOTION to Withdraw as Attorney: Motion Hearing set for 3/21/2007 09:00 AM in Minneapolis − Courtroom 9W before Magistrate Judge Jeanne J. Graham. (Attachments: # 1 Certificate of Service)(Revnew, Thomas) (Entered: 02/12/2007)
15 PRETRIAL SCHEDULING ORDER: Amended Pleadings due by 6/1/2007. Discovery due by 12/29/2007. Motions (non−disp) due 12/29/2007. Motions (disp) due by 2/1/2008. Ready for trial due by 4/1/2008.. Signed by Magistrate Judge Jeanne J. Graham on 2/12/07. (RJL) (Entered: 02/12/2007)
16 DISCLOSURES Rule 26(a) Report by Leiferman Enterprises, LLC. (Attachments: # 1 Certificate of Service)(Tarara, Corie) (Entered: 03/16/2007)
17 Minute Entry for proceedings held before Magistrate Judge Jeanne J. Graham : Motion Hearing held on 3/21/2007 re 8 MOTION to Withdraw as Attorney filed by Leiferman Enterprises, LLC,. Motion granted to the extent stated on the record at the hearing. Written order to follow. (Tape #JJG Civil MPLS #9) (RJL) (Entered: 03/22/2007)
18 ORDER re 8 MOTION to Withdraw as Attorney filed by Leiferman Enterprises, LLC is GRANTED to the extent that Seaton, Beck & Peters withdrawl as counsel for the defendant Leifman Enterprises, LLC shall be effective on 4/21/07, or at such a time as defendant notifies this Court of Subsititute counsel, whichever comes first.. Signed by Magistrate Judge Jeanne J. Graham on 3/23/07. (RJL) (Entered: 03/23/2007)
19 CERTIFICATE OF SERVICE by Leiferman Enterprises, LLC re 18 Order, Granting Motion to Withdraw as Counsel (Revnew, Thomas) (Entered: 04/10/2007)
20 DOCUMENT FILED IN ERROR−DUPLICATE ENTRY−−NOTICE by Equal Employment Opportunity Commission Plaintiff Notice of Motion for Leave to File First Amended Complaint (Tyndall, Brian) Modified on 6/4/2007 (akl). (Entered: 06/01/2007)
21 DOCUMENT FILED IN ERROR−DUPLICATE ENTRY−−First MOTION to Amend/Correct Plaintiff's Motion for Leave to File First Amended Complaint by Equal Employment Opportunity Commission. (Tyndall, Brian) Modified on 6/4/2007 (akl). (Entered: 06/01/2007)
22 MOTION for Leave to File to File First Amended Complaint by Equal Employment Opportunity Commission. (Tyndall, Brian) (Entered: 06/01/2007)
23 EXHIBIT re 22 Motion to Amend/Correct by Equal Employment Opportunity Commission. Proposed First Amended Complaint. (Tyndall, Brian) Modified link and text on 6/4/2007 (akl). (Entered: 06/01/2007)
24 NOTICE of Motion re 22 Motion to Amend by Equal Employment Opportunity Commission. (Tyndall, Brian) Modified text on 6/4/2007 (akl). (Entered: 06/01/2007)

06/01/2007
06/01/2007 06/04/2007 06/29/2007 07/02/2007 07/25/2007 07/25/2007 07/27/2007
08/20/2007 08/20/2007 08/20/2007 08/22/2007 08/27/2007
09/04/2007 09/04/2007
09/04/2007
09/04/2007

25 RESPONSE in Support re 22 MOTION for Leave to File to File First Amended Complaint Plaintiff's Brief in Support of Motion for Leave to File First Amended Complaint filed by Equal Employment Opportunity Commission. (Tyndall, Brian) (Entered: 06/01/2007)
26 AFFIDAVIT in Support of Motion for Leave to File First Amended Complaint. (Attachments: # 1 Exhibit(s) A through I)(Tyndall, Brian) (Entered: 06/01/2007)
27 LR7.1 WORD COUNT COMPLIANCE CERTIFICATE by Equal Employment Opportunity Commission re 25 Response in Support of Motion,. (Tyndall, Brian) (Entered: 06/04/2007)
28 MOTION to Amend/Correct Unopposed Motion to Amend Scheduling Order by Equal Employment Opportunity Commission. (Tyndall, Brian) (Entered: 06/29/2007)
29 ORDER granting 28 Motion to Amend Scheduling Order. Signed by Magistrate Judge Jeanne J. Graham on 7/2/07. (JMH) (Entered: 07/02/2007)
30 LETTER TO MAGISTRATE JUDGE by Equal Employment Opportunity Commission. (Tyndall, Brian) (Entered: 07/25/2007)
31 STIPULATION and Order Allowing Filing of First Amended Complaint by Equal Employment Opportunity Commission. (Tyndall, Brian) (Entered: 07/25/2007)
32 ORDER striking 22 Motion for Leave to File Amended Complaint. The First Amended Complaint dated 6/1/07 may be filed herein and shall be deemed served upon defendants on 7/31/07 without further action by plaintiff.. Signed by Magistrate Judge Jeanne J. Graham on 7/27/07. (RJL) (Entered: 07/30/2007)
33 MOTION to Dismiss by Auto Glass Repair and Windshield Replacement Services, Inc.. (Erickson, Gregory) (Entered: 08/20/2007)
34 NOTICE OF HEARING ON MOTION 33 MOTION to Dismiss: Motion Hearing set for 10/11/2007 09:30 AM in Minneapolis − Courtroom 12W before Magistrate Judge Jeanne J. Graham. (Erickson, Gregory) (Entered: 08/20/2007)
35 CERTIFICATE OF SERVICE by Auto Glass Repair and Windshield Replacement Services, Inc. re 33 MOTION to Dismiss, 34 Notice of Hearing on Motion (Erickson, Gregory) (Entered: 08/20/2007)
36 ORDER REFERRING MOTION: 33 MOTION to Dismiss filed by Auto Glass Repair and Windshield Replacement Services, Inc. to Magistrate Judge Jeanne J. Graham . Signed by Judge Joan N. Ericksen on August 22, 2007. (slf) (Entered: 08/22/2007)
37 AMENDED NOTICE of Hearing on Motion 33 MOTION to Dismiss : Motion Hearing set for 10/18/2007 09:30 AM in St. Paul before Magistrate Judge Jeanne J. Graham. (Attachments: # 1 Certificate of Service)(Erickson, Gregory) Modified text on 8/28/2007 (akl). (Entered: 08/27/2007)
38 Amended MOTION to Dismiss, MOTION for Summary Judgment by Auto Glass Repair and Windshield Replacement Services, Inc.. (Erickson, Gregory) (Entered: 09/04/2007)
39 AMENDED NOTICE of Hearing on Motion 38 Amended MOTION to Dismiss MOTION for Summary Judgment, 33 MOTION to Dismiss : Motion Hearing set for 11/2/2007 11:00 AM before Judge Joan N. Ericksen. (Erickson, Gregory) (Entered: 09/04/2007)
40 MEMORANDUM in Support re 38 Amended MOTION to Dismiss MOTION for Summary Judgment filed by Auto Glass Repair and Windshield Replacement Services, Inc.. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Erickson, Gregory) (Entered: 09/04/2007)
41 Declaration of James Bartholomew in Support of 39 Amended Notice of Hearing on Motion, 40 Memorandum in Support of Motion, 38 Amended MOTION to Dismiss MOTION for Summary Judgment filed by Auto Glass Repair and Windshield Replacement Services, Inc.. (Attachments: # 1 Exhibit(s) A# 2 Exhibit(s) B)(Erickson, Gregory) (Entered: 09/04/2007)

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42 AFFIDAVIT of Thomas Buckley in SUPPORT OF 38 Amended MOTION to Dismiss MOTION for Summary Judgment filed by Auto Glass Repair and Windshield Replacement Services, Inc.. (Attachments: # 1 Exhibit(s) 1# 2 Exhibit(s) 2 (part 1)# 3 Exhibit(s) 2 (part 2)# 4 Exhibit(s) 2 (part 3)# 5 Exhibit(s) 3# 6 Exhibit(s) 4# 7 Exhibit(s) 5)(Erickson, Gregory) (Entered: 09/04/2007)
43 CERTIFICATE OF SERVICE by Auto Glass Repair and Windshield Replacement Services, Inc. re 39 Amended Notice of Hearing on Motion, 41 Declaration in Support, 40 Memorandum in Support of Motion, 42 Affidavit in Support of Motion, 38 Amended MOTION to Dismiss MOTION for Summary Judgment (Erickson, Gregory) (Entered: 09/04/2007)
44 DISQUALIFICATION ORDER. Judge Joan N. Ericksen recused, Magistrate Judge Jeanne J. Graham no longer assigned to case. Case reassigned to Judge Richard H. Kyle and Magistrate Judge Janie S. Mayeron for all further proceedings. The new case number is 06cv3841 RHK/JSM. Signed by Judge Joan N. Ericksen on 9/5/07. (JME) (Entered: 09/06/2007)
45 ORDER for Disqualification and for Reassignment. (Written Opinion). Signed by Judge Richard H. Kyle on 09/06/07. (rhks) (Entered: 09/06/2007)
NOTICE to Attorneys that this case has been reassigned to Judge Ann D. Montgomery. Judge Richard H. Kyle no longer assigned to the case. The new case number is 06cv3841 ADM/JSM. (JME) (Entered: 09/07/2007)
46 MOTION to Amend/Correct Scheduling Order−Unopposed by Auto Glass Repair and Windshield Replacement Services, Inc.. (Attachments: # 1 Certificate of Service)(Erickson, Gregory) (Entered: 09/28/2007)
47 SECOND AMENDED SCHEDULING ORDER:Motions (non−disp) due 12/29/2007. Signed by Magistrate Judge Janie S. Mayeron on 10/9/07. (akl) (Entered: 10/10/2007)
48 Stipulated MOTION to Extend Hearing Date by Equal Employment Opportunity Commission. (Tyndall, Brian) Modified text on 11/19/2007 (dch). (Entered: 11/16/2007)
49 MOTION to Amend/Correct Stipulated Motion to Change Date for Completion of Discovery by Equal Employment Opportunity Commission. (Tyndall, Brian) (Entered: 11/27/2007)
50 NOTICE OF WITHDRAWAL FROM CASE by Leiferman Enterprises, LLC (Attachments: # 1 Certificate of Service)(Revnew, Thomas) (Entered: 11/28/2007)
51 THIRD AMENDED SCHEDULING ORDER:Discovery due by 3/1/2008, Motions (non−disp) due 3/15/2008, Motions (disp) due by 5/1/2008, Ready for trial due by 7/1/2008. Signed by Magistrate Judge Janie S. Mayeron on 11/30/07. (JME) (Entered: 11/30/2007)
52 CONSENT DECREE AND ORDER RESOLVING CLAIMS AGAINST AUTO GLASS REPAIR AND WINDSHIELD REPLACEMENT SERVICES, INC. Signed by Judge Ann D. Montgomery on 2/14/2008. (GS) Modified text on 2/15/2008 (RJL). (Entered: 02/14/2008)
53 Notice of Hearing on 54 Motion for Default Judgment as to Leiferman Enterprises, LLC: Motion Hearing set for 6/16/08 at 3:00 pm in Minneapolis−Courtroom 13W before Judge Ann D. Montgomery. (Tyndall, Brian) Modified link and text on 5/2/2008 (akl). (Entered: 05/01/2008)
54 MOTION for Default Judgment as to Leiferman Enterprises, LLC by Equal Employment Opportunity Commission. (Tyndall, Brian) Modified text on 5/2/2008 (akl). (Entered: 05/01/2008)
55 DECLARATION of Brian C. Tyndall in Support 54 Motion for Default Judgment. (Tyndall, Brian) Modified link and text on 5/2/2008 (akl). (Entered: 05/01/2008)
56 Memorandum in Support 54 Motion for Default Judgment with attached LR 7.1 Word Count Compliance Certificate filed by Equal Employment Opportunity Commission. (Tyndall, Brian) Modified link and text on 5/2/2008 (akl). (Entered: 05/01/2008)

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57 MOTION to Amend Scheduling Order by Equal Employment Opportunity Commission. (Tyndall, Brian) Modified text on 5/2/2008 (akl). (Entered: 05/01/2008)
58 FOURTH AMENDED SCHEDULING ORDER: (Motions (disp) due by 7/1/2008). Signed by Magistrate Judge Janie S. Mayeron on 5/7/08. (akl) (Entered: 05/07/2008)
59 TEXT ONLY Minute Entry for proceedings held before Judge Ann D. Montgomery: Motion Hearing held on 6/16/2008 re 54 MOTION for Default Judgment as to Leiferman Enterprised, LLC, d/b/a/ Harmon AutoGlass filed by Equal Employment Opportunity Commission. Motion granted; Order to be filed. Plaintiff to submit Affidavit for money damages by July 1, 2008. (Court Reporter Timothy J. Willette) (tlu) (Entered: 06/16/2008)
60 ORDER granting 54 Motion for Default Judgment (Written Opinion). Signed by Judge Ann D. Montgomery on 06/16/2008. (tlu) (Entered: 06/16/2008)
61 Second Declaration of Brian C. Tyndall in Support of 60 Order on Motion for Default Judgment filed by Equal Employment Opportunity Commission. (Tyndall, Brian) (Entered: 07/01/2008)
62 ORDER re Judgment against Lieferman. Signed by Judge Ann D. Montgomery on 7/9/2008. (GS) (Entered: 07/09/2008)
63 JUDGMENT in favor of Equal Employment Opportunity Commission against Leiferman Enterprises, LLC. (Attachments: # 1 Civil−8th Circuit Pre−Hearing Conference Notice, # 2 Civil Notice − appeal)(akl) (Entered: 07/10/2008)