Case 1:05-cv-01704-KOB Document 1 Filed 08/11/2005 Page 1 of 6

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Il'iJn~pNITED STATES DISTRICT COURT
05 AUG tbJ{\tt~~ORTHERN DISTRICT OF ALABAMA

U.S. DhliUC r CDU~1 EASTERN DIVISION

H.D. Of ALABAMA

FILED
2005 Aug-12 AM 08:54 U.S. DISTRICT COURT
N.D. OF ALABAMA

EQUAL EMPLOYMENT OPPORTUNITY 1

COMMISSION,

1

1

Plaintiff,

]

]

v.

]

]

TYSON FOODS, INC.

]

]

Defendant.

)

]

]

CV_05-EE-1704-E
Civil Action No. COMPLAINT JURY TRIAL DEMAND

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of race and to provide appropriate relief to Henry Adams, Leon Walker, and a class ofblack employees who were adversely affected by such practices. The Commission alleges that the Defendant discriminated against Henry Adams, Leon Walker, and a class of employees because of their race, black, by establishing and maintaining a racially segregated bathroom facility, designated for "Whites Only", at its Ashland,

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Case 1:05-cv-01704-KOB Document 1 Filed 08/11/2005 Page 2 of 6
Alabama plant. In addition, Defendant retaliated against Henry Adams and Leon Walker after they complained about the existence ofthis racially segregated facility.
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 §§ 703, 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-2(a), 42 U.S.C. § 2000e-5(f)(I) and (3), and Section 102 ofthe Civil Rights Act of 1991,42 U.S.C. Section 1981A. 2. The unlawful employment practices alleged to be unlawful were committed within the jurisdiction ofthe United States District Court for the Northern District of Alabama, Eastern Division.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the agency ofthe United States ofAmerica charged with the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by § 706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3). 4. At all relevant times, the Defendant, Tyson Foods, Inc. ("Tyson's" or the "Employer") has continuously been doing business in the State ofAlabama and the city of Ashland, and has continuously had at least 15 employees.
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5. At all relevant times, the Defendant Employer has continuously been an employer engaged in an industry affecting commerce within the meaning ofSections 701(b), (g) and (h) of Title VII, 42 U.S.C. § 2000e-(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution ofthis lawsuit, Henry Adams and Leon Walker filed Charges of Discrimination with the Commission alleging violations of Title VII by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least August 10, 2003, Defendant has engaged in unlawful employment practices at its Ashland, Alabama, facility in violation of Section 703(a) and Section 704(a) of Title VII, 42 U.S.C. § 2000e-2(a) and 3(a). In particular, Defendant established and maintained a racially segregated bathroom facility, designated for "Whites Only", at its Ashland, Alabama, facility. 8. Defendant, through its agents, subjected Henry Adams and Leon Walker to adverse employment actions because they objected to the racially segregated facility. 9. The effect ofthe practices complained ofin paragraphs 7 and 8 above have been to deprive Henry Adams, Leon Walker, and a class ofblack employees, ofequal
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employment opportunities and otherwise adversely affected their status as employees, because of their race, black.
10. The unlawful employment practices complained of in paragraphs 7, 8 and 9 above were intentional.
11. The unlawful employment practices complained ofin paragraphs 7, 8 and 9 above were done with malice or with reckless indifference to the federally protected rights of Henry Adams, Leon Walker, and a class of black employees.
PRAYER FOR RELIEF WHEREFORE, the Commission respectfully requests that this Court:
A. Grant a permanent injunction enjoining the Defendant Employer, its officers, agents, successors, assigns and all persons in active concert or participation with it, from engaging in any employment practices which discriminate on the basis of race and retaliation.
B. Order the Defendant to institute and carry out policies, practices and programs which provide equal employment opportunities for all of its employees regardless of race and which eradicate the effects of its past and present unlawful employment practices.
C. Order the Defendantto make whole Henry Adams, Leon Walkerandaclass of black employees, by providing appropriate relief, in amounts to be determined at
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trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices.
D. Order Defendant Employerto make whole Henry Adams, Leon Walker and a class of black employees, by providing them with compensation for non-pecuniary losses resulting from the unlawful employment practices described in paragraphs 7, 8 and 9 above, including pain and suffering, emotional distress, humiliation, isolation, depression, and loss of enjoyment of life, in amounts to be determined at trial.
E. Order Defendant Employer to pay Henry Adams, Leon Walker and a class of black employees, punitive damages for its malicious and reckless conduct described in paragraphs 7, 8 and 9 above, in amounts to be determined at trial.
F. Grant such further relief as the Court deems necessary and proper in the public interest.
G. Award the Commission its costs of this action. JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint.
Respectfully submitted, ERIC S. DREIBAND General Counsel
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Case 1:05-cv-01704-KOB Document 1 Filed 08/11/2005 Page 6 of 6
JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel EQUAL EMPLOYMENT OPPORTUNIlY
COMMISSION 1801 "L" Street, N.W. Washin n, DC 20507
Regional Attorney Ohio State Bar ID #0023546
PRISCA DELEONARDO Supervisory Trial Attorney Alabama State Bar ID #ASB-6535-D67P
MASON D. BARRETT Senior Trial Attorney Colorado State Bar ID #21309
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
1130 22nd Street South, Suite 2000 Birmingham, Alabama 35205-2881 Telephone: (205) 212-2047
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 Case 1:05-cv-01704-KOB Document 2-2 Filed 08/12/2005 Page 1 of 18

FILED

IN THE UNITED STATES DISTRICT COURT

2005 Aug-12 PM 03:39 U.S. DISTRICT COURT
N.D. OF ALABAMA

FOR THE NORTHERN DISTRICT OF ALABAMA

EASTERN DIVISION

-U--N--I-T-E--D----S--T-A--T--E--S---E--Q---U--A--L--E--M---P--L--O--Y--M---E--N--T-------------}(
OPPORTUNITY COMMISSION,

Plaintiff, and

Civil Action No.

HENRY ADAMS, LETREK BEAVERS, AVERY GARRETT, HOWARD GARRETT, WILLIE GRIFFIN, CONRAD SCALES, WILLIE SILLMON. MICHAEL SMOOT, CLAY THOMAS, LEON WALKER, JATHER WHETSTONE, BOBBY WELCH, VINCENT YOUNG,

Plaintiff-Intervenors,

JURY DEMAND

-v.-

TYSON FOODS, INC.,
Defendant.
---------------------------------------------------------------------}(

COMPLAINT IN INTERVENTION COMES NOW, Henry Adams, Letrek Beavers, Avery Garrett, Howard Garrett, Willie Griffin, Conrad Scales, Michael Smoot, Clay Thomas, Leon Walker, Jather Whetstone, Bobby Welch, and Vincent Young (collectively, "Plaintiff-Intervenors") in this cause and, as their Complaint in Intervention

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against Tyson Foods, Inc. ("Tyson" or "Defendant"), allege as follows, with knowledge with respect to their own conduct, and on information and belief

with respect to the acts of others:

1.

This Complaint in Intervention is an action for damages and

injunctive relief based upon the laws of the United States, namely Title VII,

42 U.S. C.§ 2000e, et seq., of the Civil Rights Act of 1964, as amended

("Title VII") and 42 U.S.C. § 1981 ("Section 1981"), asserting unlawful racial

discrimination, as well as the laws of the State of Alabama.

2.

Plaintiff-Intervenors intervene in this action pursuant to

Federal Rule of Civil Procedure 24(a)(1) and Section 2000e-5(f)(1) of Title

VII.

JURISDICTION AND VENUE

3.

This Court has jurisdiction over this matter pursuant to 28

U.S.C. §§ 1331, 1343, and 42 U.S.C. §§ 1981, 2000e (2005), et seq. This

Court also has supplemental jurisdiction over this matter pursuant to 28

U.S.C. § 1367.

4.

Plaintiff-Intervenors Henry Adams and Leon Walker have

met all conditions precedent to filing this action under Title VII. Plaintiff-

Intervenors Henry Adams and Leon Walker timely filed their charges of

racial discrimination with the United States Equal Employment Opportunity

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Commission (the "EEOC") within 180 days of discriminatory treatment. The

allegations of the other Plaintiff-Intervenors are coextensive with those of Adams and Walker and are appropriately filed under the single filing rule.

5.

Venue is proper within this District pursuant to 28 U.S.C. §

1391 (b). At ail relevant times, Plaintiff-Intervenors were employed by Defendant and worked at Defendant's chicken processing plant located in

Ashland, Alabama (the "Plant"). The events described herein occurred

within this District.

PARTIES

6.

Each Plaintiff-Intervenor is African-American and resides in

the State of Alabama.

7.

Defendant Tyson Foods, Inc. is a corporation existing under

(
the laws of the State of Delaware, with its headquarters located in

Springdale, Arkansas.

8.

At all relevant times, Defendant has been an employer within

the meaning of Title VII.

9.

At all relevant times, Defendant has been a person or entity

within the meaning of Section 1981.

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10.

At all relevant times, Defendant has owned and operated the

Plant, and has controlled its managers, supervisors, employees and agents

who worked with or at the Plant.

FACTUAL ALLEGATIONS

Racially Segregated Facilities

11.

Defendant intentionally and with malice or reckless disregard

for Plaintiff-Intervenors' protected rights established and maintained racially

segregated facilities in the "old shop" area of the Plant.

12.

Plaintiff-Intervenors often work in a building at the Plant

known as the "old shop" (the "Old Shop"). The Old Shop has two

bathrooms. Prior to the events described below, the bathrooms were

unlocked and accessible to all employees.

13.

In 2003, Defendant renovated one of the bathrooms in the

Old Shop (the "Bathroom"). In July 2003, employees or agents of

Defendant locked the Bathroom door. Shortly thereafter, in addition to

locking the Bathroom door, employees or agents of Defendant placed an

"Out of Order" sign on the Bathroom door, although the Bathroom was not

out of order.

14.

While the Bathroom door was locked and while the "Out of

Order" sign hung from the Bathroom door, certain white employees,

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including at least one supervisor, had keys to the Bathroom door. These

white employees used the Bathroom and allowed other white employees to

use the Bathroom.

15.

The same white employees denied Plaintiff-Intervenors and

other African-American employees, including supervisors, use of the

Bathroom.

16.

Notwithstanding the locked door and the "Out of Order" sign,

certain Plaintiff-Intervenors and other African-American employees

continued to use the Bathroom by bypassing the lock. A white employee

then purchased a hasp and padlock with Defendant's funds and installed

the hasp and padlock on the Bathroom door with the permission of the

head supervisor of the maintenance department and with the help of other

white employees.

17.

The "Out of Order" sign remained on the Bathroom door

after the hasp and padlock were installed.

18.

A Plaintiff complained about the installation of the hasp and

padlock to a white supervisor.

19.

While the hasp, padlock and "Out of Order" sign were on the

Bathroom door and in open view, the Plant manager conducted at least one

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inspection of the Old Shop, including the area where the Bathroom is

located.

20.

Despite the complaint to the supervisor and the Plant

manager's inspection of the Old Shop, the hasp, padlock and "Out of

Order" sign remained on the Bathroom door. Moreover, certain white

employees, including at least one supervisor, continued to maintain control over the keys to the Bathroom and continued to allow only white employees to use the Bathroom. In fact, the supervisor who received the complaint

about the Bathroom used the Bathroom.

21.

Thereafter, in August 2003, employees or agents of

Defendant placed a sign on the Bathroom door that read "Whites Only."

22.

The appearance of the "Whites Only" sign was immediately

reported. In time, the "Whites Only" sign was removed, but the Bathroom remained locked and white supervisors and employees still denied PlaintiffIntervenors and other African-American employees use of the Bathroom.

23.

Approximately a week later, employees or agents of

Defendant placed a second "Whites Only" sign on the Bathroom door. The Bathroom remained locked with the padlock purchased with Defendant's

funds and Plaintiff-Intervenors were still denied use of the Bathroom.

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24.

On or about August 25, 2003, the Plant manager held a

meeting with the maintenance department. During the meeting, the Plant

manager did not mention the "Whites Only" sign or apologize for the locked Bathroom. Instead, the Plant manager pounded a table and angrily stated that the workers were "nasty," "dirty" and behaved like children, and stated that the Bathroom had been locked for those reasons. The Plant manager

continued that if the Bathroom was not kept clean, it would be torn down

and the workers would have to soil themselves.

25.

As punishment and retaliation for complaining about the

"Whites Only" Bathroom, the Plant manager, during the August 251h

meeting, announced that the break room in the Old Shop where many

African-American employees ate their lunch and took breaks would be

eliminated, and that no employees would be allowed to take breaks in the

Old Shop.

26.

After the meeting, Defendant eliminated the break room in

the Old Shop. However, many of the same white employees who had keys

to the Bathroom or used the Bathroom began to use another room in the

Old Shop as their new break room. Initially, the door to the new break room

was locked and only certain white employees had keys. Currently, the door

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is unlocked, but white employees exclusively have keys to and use a locked

refrigerator and locked cabinets in the new break room.

27.

The head maintenance supervisor, who is white, has used

the new break room. Moreover, the new break room has air conditioning, a

computer, furniture built by white employees using Defendant's materials,

and other amenities that were not in the original break room that had been

used by Plaintiff-Intervenors and other African-American employees before

it was eliminated by Defendant.

28.

As of the filing of this Complaint in Intervention, certain white

employees continue to use the new break room despite the Plant manager's August 2003 directive that no employees would be allowed to

take breaks in the Old Shop.

Racist Language and Behavior

29.

In addition to maintaining racially segregated facilities,

Defendant intentionally and with malice or reckless disregard for Plaintiff-

Intervenors' protected rights permitted the repeated use of racist language

and behavior at the Plant.

30.

Over the past several years, on a regular basis, certain white

supervisors and workers openly used racist and threatening language

directed to or in the presence of Plaintiff-Intervenors. These supervisors

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and employees used the word "nigger," used threatening language such as

"we're going to hang a black man today," and made racially hostile

comments such as a comment about African-Americans and watermelons.

This behavior was reported to a supervisor, and although Defendant was

aware of the behavior, it continued.

31.

A picture of two monkeys with the names of two African-

American employees written by the photos was placed on the locker of an

African-American employee.

32.

A white employee led a Plaintiff to a room and showed the

Plaintiff a noose.

33.

Over several years, certain white employees have repeatedly

harassed and humiliated a Plaintiff by calling him "boy" and directing racist

language and comments at him. This harassment often occurred in the

presence of supervisors as well as other Plaintiff-Intervenors and African-

American employees.

Retaliation and Threats

34.

Defendant unlawfully retaliated against certain Plaintiff-

Intervenors for reporting the above-described segregated facilities and

racist language and behavior.

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35.

After the above-described events relating to the Bathroom

and the August 251h meeting with the Plant manager, multiple Plaintiff-

Intervenors met with union representatives in Birmingham, Alabama, to discuss the racial discrimination. After the meeting, Defendant intentionally and maliciously terminated or suspended certain Plaintiff-Intervenors as

retaliation for exploring racial discrimination charges.

36.

Approximately one year after the above-described events

relating to the Bathroom and the August 251h meeting with the Plant

manager, Defendant held "training" sessions for Plaintiff-Intervenors and

other employees in the maintenance department at the Plant. A Tyson

employee from corporate headquarters conducting the "training" sessions

stated, in substance, that racial discrimination lawsuits were the reason why

Tyson shut down processing plants such as the Plant. Subsequent to this

"training" session, white employees approached certain Plaintiff-Intervenors

and discouraged them from pursuing any claims against Defendant.

Injuries

37.

As a direct consequence of Defendant's intentional and

malicious conduct set forth in this Complaint in Intervention, PlaintiffIntervenors have suffered lost wages, pain, humiliation, and severe and

extreme emotional distress.

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COUNT I -TITLE VII

38.

Plaintiff-Intervenors re-allege the facts set forth in this

Complaint in Intervention as ongoing and continuous violations of Title VII.

39.

At all relevant times, Plaintiff-Intervenors have been

employees of Defendant, and Defendant has controlled the means and

manner of Plaintiff-Intervenors' work.

40.

Defendant intentionally and with malice or reckless disregard

for their protected rights subjected Plaintiff-Intervenors to a pervasive

racially hostile work environment.

41.

Defendant intentionally and with malice or reckless disregard

for their protected rights unlawfully retaliated against certain Plaintiff-

Intervenors for complaining about the above-described pervasive racially

hostile work environment by terminating or suspending them.

42.

Defendant was aware of and condoned or ratified this

pervasive racially hostile work environment, and failed to take appropriate

remedial action.

43.

Plaintiff-Intervenors seek compensatory and punitive

damages as redress for the pervasive racially hostile work environment and

retaliation.

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COUNT II- SECTION 1981

44.

Plaintiff-Intervenors re-allege the facts set forth in this

Complaint in Intervention as ongoing and continuous violations of Section

1981.

45.

At all relevant times, Plaintiff-Intervenors have been

employees of Defendant, and Defendant has controlled the means and

manner of Plaintiff-Intervenors' work.

46.

Defendant intentionally and with malice or reckless disregard

for their protected rights subjected Plaintiff-Intervenors to a pervasive

racially hostile work environment.

47.

Defendant was aware of and condoned or ratified this

pervasive racially hostile work environment, and failed to take appropriate

remedial action.

48.

Defendant intentionally and with malice or reckless disregard

for their protected rights unlawfully retaliated against certain Plaintiff-

Intervenors for complaining about above-described pervasive racially

hostile work environment by terminating or suspending them.

49.

This pervasive racially hostile work environment

unreasonably interfered with Plaintiff-Intervenors' employment with

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Defendant, and denied Plaintiff-Intervenors the same right to make, enforce

and enjoy the benefits of contracts as white persons.

50.

Plaintiff-Intervenors seek compensatory and punitive

damages as redress for the pervasive racially hostile work environment and

retaliation.

COUNT Ill -OUTRAGE

51.

Plaintiff-Intervenors re-allege the facts set forth in this

Complaint in Intervention as ongoing and continuous violations of Alabama

law.

52.

At all relevant times, Plaintiff-Intervenors have been

employees of Defendant, and Defendant has controlled the means and

manner of Plaintiff-Intervenors' work.

53.

Defendant intentionally or recklessly, through the outrageous

conduct of maintaining racially segregated facilities and allowing the persistent use of racially hostile language, inflicted and continues to inflict severe and extreme emotional distress upon Plaintiff-Intervenors that no

reasonable person could be expected to endure.

54.

The outrageous conduct committed by Defendant's

managers, supervisors, employees and agents was within the scope of their

employment with Defendant, and was ratified by Defendant.

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55.

Plaintiff-Intervenors seek compensatory and punitive

damages as redress for the severe and extreme emotional distress caused

by Defendant's outrageous conduct.

COUNT IV- NEGLIGENT MANAGEMENT

56.

Plaintiff-Intervenors re-allege the facts set forth in this

Complaint in Intervention as ongoing and continuous violations of Alabama

law. 57.

Defendant was and continues to be negligent and reckless in

hiring, training, supervising and retaining its managers, supervisors,

employees and agents.

58.

Defendant's negligence and wanton recklessness caused

and allowed its managers, supervisors, employees and agents to establish,

maintain, condone and permit the pervasive racially hostile work

environment set forth in this Complaint in Intervention.

59.

Defendant knew or reasonably should have known about the

actions of its managers, supervisors, employees and agents prior to and

during the establishment of the pervasive racially hostile work environment

set forth in this Complaint in Intervention.

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60.

Plaintiff-Intervenors seek compensatory and punitive

damages as redress for the injuries caused by Defendant's negligence and

wanton recklessness.

RELIEF SOUGHT

WHEREFORE, Plaintiff-Intervenors respectfully pray for the following

relief:

a. Preliminary and permanent injunctions against

Defendant and its directors, officers, employees, agents, and

representatives from engaging in the unlawful practices and

policies set forth herein.

b.

An order directing Defendant to establish

practices and policies that will address, remedy, and prevent

the unlawful practices and policies set forth herein.

c.

Compensatory and punitive damages for the lost

wages, pain, extreme emotional distress, and humiliation

suffered by Plaintiff-Intervenors.

d.

Reasonable attorneys' fees, expenses, and costs

related to pursuing this action.

e.

Further legal and equitable relief, which is

deemed appropriate and necessary.

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JURY TRIAL DEMAND
Plaintiff-Intervenors request a jury trial on all questions raised in this
Complaint in Intervention.
Respectfully submitted,
s/Kevin E. Clark Kevin E. Clark
OF COUNSEL: Harlan I. Prater IV Kevin E. Clark LIGHTFOOT, FRANKLIN & WHITE, L.L.C. The Clark Building 400 201h Street North Birmingham, Alabama 35203 Telephone: (205) 581-0700 Facsimile: (205) 581-0799
s/George N. Davies George N. Davies
NAKAMURA, QUINN & WALLS LLP
Lakeshore Park Plaza, Suite 130 2204 Lakeshore Drive Birmingham, AL 35209 Telephone: (205) 870-9989 Facsimile: (205) 803-4143
Audrey Wiggins (pro hac vice application pending) Nicole DeSario (pro hac vice application pending) LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW 1401 New York Avenue, NW, Suite 400 Washington, DC 20005 Telephone: (202) 662-8600 Facsimile: (202) 783-0857
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James P. Tallon (pro hac vice application pending) James Kim (pro hac vice application pending)
SHEARMAN & STERLING LLP
599 Lexington Avenue New York, NY 10022 Telephone: (212) 848-4000 Facsimile: (212) 848-7179 Attorneys for Plaintiff-Intervenors Dated: August 12, 2005
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CERTIFICATE OF SERVICE I hereby certify that on August 12, 2005, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system and sent notification of such filing by certified mail to the following: Tyson Foods, Inc. c/o The Corporation Company 2000 Interstate Park Drive, Suite 204 Montgomery, Alabama 36109
s/ George N. Davies George N. Davies
18

 
 Case 1:05-cv-01704-KOB

Document 54

Filed 10/26/2006

Page 1 of 1

FILED
2006 Oct-26 PM 02:13 U.S. DISTRICT COURT
N.D. OF ALABAMA

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

In Re TYSON FOODS LITIGATION

]

]

Consolidated Case No.

]

CV-05-BE-1704-E

________________________________

]

DISMISSAL ORDER

The court, having been advised that a settlement has been reached, dismisses this case

without prejudice to reinstatement if any party represents to the court on or before November 27,

2006 that final settlement documentation could not be completed. The parties have represented

to the court that they will sign and file settlement documentation on or before November 6,

2006. If the parties fail to do so, either party shall have the right to reopen the case at that time. DONE and ORDERED this 26th day of October 2006.

____________________________________ KARON OWEN BOWDRE UNITED STATES DISTRICT JUDGE

 
 Case 1:05-cv-01704-KOB

Document 56

Filed 11/07/2006

Page 1 of 16

FILED

2006 Nov-07 PM 04:27 U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA
EASTERN DIVISION

In re TYSON FOODS LITIGATION ) Consolidated Case No.

) CV-05-BE-1704-E

)

____________________________

)

CONSENT DECREE AND FINAL JUDGMENT
I. INTRODUCTION
This Consent Decree is made and entered into by and between Plaintiffs United States Equal Employment Opportunity Commission (“EEOC”), Henry Adams, Letrek Beavers, Avery Garrett, Willie Garrett, Willie Griffin, Conrad Scales, Willie Sillmon, Michael Smoot, Clay Thomas, Leon Walker, Jather Whetstone, Bobby Welch, and Vincent Young (collectively “Private Plaintiffs”), and Defendant, Tyson Foods, Inc. (“Tyson Foods”).

On August 11, 2005, the EEOC initiated this action by filing its Complaint, alleging that Tyson Foods violated Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e, et seq., (“Title VII”) and the Civil Rights Act of 1991, 42 U.S.C. §1981a. In its Complaint, the EEOC alleges that Tyson Foods, Inc., (“Tyson”) discriminated against a class of Black employees at its Ashland, Alabama, facility by establishing and maintaining a racially segregated bathroom facility. In addition, the EEOC alleges that Tyson retaliated against certain employees after they complained about the existence of this racially segregated facility.

On the same date, the Private Plaintiffs intervened in the EEOC’s lawsuit by filing a Complaint in Intervention. In their Complaint (titled “Complaint in Intervention”) these individuals alleged that Tyson had violated Title VII, 42 U.S.C. §1981 (“§ 1981”), and various provisions of Alabama law, by subjecting them to racially segregated facilities, a racially hostile work environment, and retaliating against them for complaining about these conditions. The Individual Plaintiffs also sought to intervene in the action filed by the EEOC. On August 25, 2005, the Individual Plaintiffs filed an Amended Complaint.

On October 11, 2005, Tyson filed Answers in each case in which it denied the
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Case 1:05-cv-01704-KOB Document 56 Filed 11/07/2006 Page 2 of 16
allegations contained in the Complaints and asserted certain affirmative defenses.
On November 1, 2005, the court ordered that the two cases be consolidated for discovery and pretrial purposes as In Re Tyson Foods Litigation, Consolidated Case No. CV-05-BE-1704-E.
After extensive discovery, the EEOC, the Private Plaintiffs and Tyson Foods have agreed that it is in their mutual interest to settle the claims in the Complaints in order to avoid protracted litigation. As a result of comprehensive and extensive settlement negotiations, they have reached agreement to resolve the claims on the terms set forth in this Consent Decree (“Decree”).
The Parties stipulate to the jurisdiction of the court and waive a hearing as well as the entry of findings of fact and conclusions of law.
This Consent Decree is entered in full and complete settlement of any and all claims arising out of or contained in EEOC Charge No. 130-2004-01595 and EEOC Charge No. 130-2004-01596; any and all claims arising out of the Determinations issued by the EEOC on Charge No. 130-2004-01595 and Charge No. 130-200401596; any and all claims asserted by the Commission in Civil Case No. CV-05-1704; and any and all claims that were made or could have been made by the Individual Plaintiffs in Civil Case No. CV-05-1704 and Civil Case No. CV-05-1720.
II. GENERAL PROVISIONS
1. Scope: The terms of this Decree cover the Defendant’s Ashland, Alabama, facility, its employees, the Oxford Complex Manager, and Human Resources personnel with responsibility for the Ashland facility’s compliance with Defendant’s human resource and personnel policies.
2. Term of the Decree: The Decree shall remain in effect for the three years (36 months) subject to the relevant legal standards for the modification of the term of a consent decree.
3. Effect of Consent Decree: The Decree becomes effective immediately upon the date on which the court enters it. The Decree fully and completely resolves all claims arising out of or contained in EEOC Charge No. 130-2004-01595 and EEOC Charge No. 130-2004-01596; any and all claims arising out of the EEOC’s Determinations issued on Charge No. 130-2004-01595 and Charge No. 130-200401596; any and all claims asserted by the Commission in Civil Case No. CV-05-1704;
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and any and all claims that were made or could have been made by the Individual Plaintiffs in Civil Case No. CV-05-1704 and Civil Case No. CV-05-1720. This Consent Decree does not, however, affect any other administrative charges pending with the EEOC or any cases currently pending in court other than those charges and cases specifically referred to in this paragraph.
4. Complete Consent Decree: This Decree constitutes the complete understanding among Tyson Foods, the EEOC, and Private Plaintiffs with respect to the matters herein.
5. Non-Admission of Liability: Although entering into this Decree, Tyson Foods denies that it has violated any federal, state, or local law, or that it has any liability under any claims asserted in the Complaints. Tyson Foods enters into this Decree to avoid the disruption, costs, delay and expense of litigation.
6. Racial Discrimination: Tyson, its successors, assigns, agents, and all those in active concert or participation with them, or any of them, shall not violate Title VII or § 1981 by (a) discriminating against any employee of its Ashland facility on the basis of race; (b) engaging in or being a party to any action, policy, or practice that is intended to or is known to them to have the effect of harassing or intimidating any employee of its Ashland facility on the basis of his or her race in violation of Title VII or § 1981; or (c) creating, assisting, or tolerating the existence of a work environment that is racially hostile to employees of its Ashland facility in violation of Title VII or § 1981.
7. Retaliation: Tyson, its successors, assigns, agents, and all those in active concert or participation with them, or any of them, shall not violate Title VII or § 1981 by engaging in or tolerating any action, policy, or practice with the purpose of retaliating against any employee of its Ashland facility of Tyson because he or she opposed any practice made unlawful under Title VII, filed a charge of discrimination challenging any such practice, testified, or participated in any manner in any investigation (including, without limitation, any internal investigation undertaken by Tyson), proceeding, hearing in connection with these consolidated cases or relating to any claim of discrimination under Title VII, was identified as a possible witness in this action, asserted any rights under this Decree, or sought or received any monetary or non-monetary relief in accordance with this Decree or any subsequent modification.
8. Consent Decree Coordinator: By the effective date of this Decree, Tyson Foods will enhance Ashland’s human resource function by designating Cathy
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Johnson, Vice President, Employment Compliance, a senior level employee, with experience in human resources management, to serve as Consent Decree Coordinator (“the Coordinator”) to oversee the implementation by Tyson Foods of the terms of this Decree. Tyson shall bear all costs associated with the selection and retention of the Coordinator and the performance of the Coordinator’s duties during the term of this Decree. The Coordinator shall work from Tyson Food’s corporate office and be available to Ashland employees to (1) discuss questions, complaints and concerns about race discrimination or retaliation, (2) provide answers to questions, (3) explain Tyson Foods policies against discrimination and retaliation, and (4) oversee EEO complaint investigations as explained in Paragraph 9 below. Tyson Foods will inform all employees in the Ashland facility of the appointment and function of the Coordinator.
9. Coordinator Oversight: In addition to the duties specified in Paragraph 8, the Coordinator shall be responsible for the following:
a. Reviewing the policies and procedures addressing discrimination, harassment, and retaliation, including those policies which govern the investigation of such complaints, and supplementing them for Ashland, as necessary, to comport with the provisions of this Consent Decree;
b. Ensuring training for all Ashland employees on Tyson’s policies and procedures against discrimination and retaliation;
c. Ensuring training for all supervisors, managers, and human resources personnel responsible for implementing Tyson policies in Ashland, Alabama, (regardless of where these individuals are located), on recognizing discrimination and retaliation and responding to such complaints;
d. Directing Tyson’s response to any complaints or inquiries arising out of the Ashland facility regarding racial discrimination or harassment to ensure an adequate response and to prevent retaliation against employees who complain or inquire about discrimination or retaliation;
e. Holding Ashland employees and managers accountable for conduct not consistent with Tyson’s anti-discrimination/equal employment opportunity policies, conduct not consistent with anti-discrimination/equal employment opportunity laws, or for engaging in conduct prohibited under this Decree;
f. Preparing and submitting reports required by this Decree;
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g. Ensuring that all complaints of race discrimination, harassment, or retaliation are investigated in a manner consistent with Tyson’s policies and the terms of the Consent Decree, and that all records compiled or relied upon during the investigation, including witness statements and notes of the investigation, are maintained;
h. Establishing a centralized record keeping procedure to track Ashland complaints and inquiries regarding harassment and retaliation, and monitoring such complaints to prevent retaliation; and
i. Monitoring Tyson’s employee discipline at Ashland for potential or actual disparate treatment in the distribution of discipline and/or the resolution of grievances, with particular attention devoted to the retroactive imposition of discipline in situations which suggest disparate treatment of employees who commit the same or similar offenses;
10. Monitoring: The EEOC will be responsible for monitoring Tyson Foods’ compliance with the Decree. The Individual Plaintiffs are responsible for monitoring Tyson Foods’ compliance with provisions in this Decree which provide material benefits to them.
11. Defining Racial Harassment and Other Terms: Within the first sixty (60) days of this Decree, with the assistance of the Coordinator, Tyson Foods will develop and provide each Ashland employee with a written description of the types of practices that are prohibited, either pursuant to Title VII or §1981, or under the Tyson Foods policy against discrimination and harassment, and its policy against retaliation. This description shall include the following:
a. A strong and clear commitment to a workplace free from racial discrimination, harassment, and retaliation;
b. Specific examples, of prohibited racial harassment and retaliation;
c. A description of the possible consequences that will be imposed upon violation of the policy against discrimination, harassment and retaliation;
d. A statement encouraging employees to come forward if they believe that they have been the victim of race discrimination, harassment, or retaliation;
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e. An assurance that persons who in good faith complain about discrimination or retaliation they experience or witness will not be the subject of retaliation;
f. A clear description of the complaint process that provides multiple accessible avenues to complain;
g. Assurances that the employer will protect the confidentiality of discrimination complaints to the extent possible;
h. A commitment that the complaint process will provide for prompt, thorough, and impartial investigations;
j. Assurances that Tyson will take immediate and appropriate corrective action if it determines that discrimination, harassment or retaliation has occurred; and
k. Contact information, including name, address, and telephone number of internal persons to whom employees may report complaints of discrimination, harassment or retaliation at any time without fear of reprisal. The contact information shall be posted in an area accessible to all employees, along side the notice required by Section 711(a) of Title VII, 42 U.S.C. § 2000e-10(a).
This description shall be subject to the training provided under Paragraph 12, below. A copy of the description shall be submitted to the EEOC and distributed to all Tyson employees within sixty (60) days of the Effective Date of this Decree.
12. Development of EEO Training Program: Within sixty (60) days of the effective date of this Decree, Tyson Foods shall have in place a program to provide mandatory EEO training at Ashland to (a) non-supervisory employees, (b) supervisory and management employees, and (c) human resource employees who are employed at or have direct responsibility for the company’s Ashland facility. This program shall address all aspects of race discrimination and harassment in the workplace, including (1) a plan to ensure that all employees who are to receive the required training actually receive the training, and (2) an explanation of a manager’s role in reporting potential racial harassment/discrimination. The mandatory training will at a minimum: (a) occur once every year for the duration of this decree; and (b) be in person or interactive training accompanied by materials prepared by trainers experienced in the subject matter and shall educate the employees about the problems
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of discrimination in the workplace. The purpose of the training shall be to give the participants a thorough understanding of discrimination and harassment issues, including but not limited to theories of liability under Title VII, sources of legal protection for victims of discrimination and harassment, and the employer’s obligation to take preventive, investigative, and remedial action with respect to discrimination and harassment complaints, and to review company policies that prohibit discrimination, harassment, or retaliation. In addition, at the training provided to supervisors, managers, and human resource personnel, the training shall include: 1) a detailed description of the specific responsibilities of Tyson’s supervisory, managerial, and human resource personnel when they witness or learn of discrimination, harassment, or retaliation or receive a complaint or inquiry regarding discrimination, harassment, or retaliation; and 2) a detailed description of the consequences for Tyson’s supervisory, managerial, and human resources personnel who fail to perform their responsibilities when they witness or learn of discrimination, harassment, or retaliation, or inquiry regarding discrimination, harassment, or retaliation.
The first year’s training shall last a minimum of two hours. Subsequent training shall last a minimum of one hour. During training for managers and supervisors, the managers and supervisors will be provided with a written step-by-step process of how to report possible racial harassment, discrimination, or retaliation. Tyson’s trainers shall be Cathy Johnson, Vice President, Employment Compliance, and Cheryl Cofield-Fort, Director of Employment Compliance. At least sixty (60) days prior to the initial proposed training session, Tyson shall submit an outline of the contents of the training to the EEOC. The EEOC shall have fifteen (15) days from the date of receipt of the training outline to propose any changes to the contents of the training program. Any disputes concerning whether the substance of the training complies with this Consent Decree shall be resolved in accordance with the Dispute Resolution Procedure set forth below. For the term of this Decree, all new employees and all employees who are promoted from a staff/hourly position to a managerial position more than 120 days before the next schedule training under this Decree shall be shown a videotape of the most recent training program for managerial or staff/hourly employees, as appropriate, within ninety (90) days of hire or promotion.
13. Attendance at Training: At least thirty (30) days prior to any scheduled training under Paragraph 12, and except for orientation of new employees or newly promoted employees, Tyson Foods will provide the EEOC with notice of the date, time, and location of scheduled training. EEOC, at its discretion, may send one representative to observe the scheduled training, provided however, that Tyson Foods is under no obligation to modify the date of a proposed training session to
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accommodate the schedule of an EEOC representative who may attend. Any representative who observes any scheduled training shall not interject him or herself into the training. If no EEOC representative is available on the date of any scheduled training under Paragraph 12, Tyson will video tape the training for later review. Any dispute regarding whether the substance of the training complies with this Consent Decree shall be resolved in accordance with the Dispute Resolution Procedure set forth below.
14. Dissemination of Information about the Consent Decree: Within fifteen (15) business days after the Effective Date of the Decree and for one year after the Effective Date, Tyson shall post a copy of the “Notice to Employees,” attached as Exhibit 1, in a clearly visible location frequented by employees at its Ashland, Alabama, facility. Within one-hundred twenty (120) days of the effective date of this Decree, Tyson Foods shall conduct meetings advising all employees in Ashland of the terms and conditions set forth in Sections 6, 7, 8, 9, and 10 of the Decree. The notification requirements of this paragraph may be combined with the training required under Paragraph 12. Further, two copies of the entire Consent Decree shall be available through the Human Resource office in the Ashland facility to the employees for review and copying during the duration of the Decree.
15. Reporting and Record-Keeping: On a semi-annual basis for the duration of the Decree, the Coordinator will provide the EEOC with a report on the training conducted under Paragraph 12 of the Decree, and a Title VII Complaint Report that contains a summary of the nature of each complaint and the outcome of the Coordinator’s investigation regarding all Ashland employee internal complaints of an alleged racially hostile work environment or retaliation under Title VII.
a. The records to be maintained during the period of this Decree shall include:
i. Discrimination, harassment and retaliation policies;
ii. Complaint procedure;
iii. All documents generated in connection with any complaint, investigation into, or resolution of every complaint of discrimination or retaliation for the duration of the Decree and the identities of the parties involved, including, but not limited to, the complainant, alleged perpetrator, investigator(s), witness(es), and decision-maker(s).
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iv. All materials used in Ashland training under this Consent Decree; and
v. Attendance lists for all Ashland training under this Consent Decree.
b. For the duration of the Decree, the Coordinator shall retain copies of the investigative files of all Ashland complaint investigations of racially hostile work environment or retaliation during the reporting period. These files shall contain any written complaint (including any written reports of supervisors), all investigative notes, all witness statements, and all other documents compiled during the investigation.
c. Tyson shall provide the following written reports to the EEOC:
i. Initial Report. Within ninety (90) days after the Effective Date, Tyson shall submit to the EEOC an initial report which contains:
1. A copy of the description required under Paragraph 11;
2. A copy of any supplements to policies under Paragraph 9(a);
3. A summary of the procedures and record keeping methods developed by the Coordinator for handling, tracking, and monitoring of complaints of discrimination and retaliation; and
4. A statement confirming that all persons have received the description required under Paragraph 11.
d. Tyson shall also provide the following reports to the EEOC semiannually throughout the term of this Decree, beginning six (6) calendar months after the Effective Date:
i. A list of the names and positions of employment of each employee who attended each training required or provided under this Decree during the previous six months, classified by the date and type of training (supervisory employees versus hourly employees);
ii. A list of the names and positions of each employee who failed to
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attend the training, the reason training was not attended, and written confirmation that those employees were or will be trained within thirty (30) days of the missed training;
iii. Any revisions to the discrimination, harassment, and retaliation policies; and
iv A brief description of all discrimination, harassment and/or retaliation complaints lodged at Ashland since the submission of the immediately preceding report, and all pending investigations which have not been resolved. This description shall include the names of the individuals alleging discrimination or retaliation, the nature of the discrimination or retaliation alleged, the dates of the alleged acts of discrimination or retaliation, and a brief summary of how each complaint was resolved. If a complaint of discrimination or retaliation has not been resolved as of the time of the report, it shall be included in every report until such time as its resolution can be reported. The open file of any complaint including non-privileged documents generated in connection with any complaint, investigation into, or resolution of any complaint, will be made available upon request.
16. Enforcement: If the EEOC concludes that Tyson Foods is not in compliance with any provision of this Decree, the EEOC may, after complying with the informal resolution procedures set forth in Paragraph 17, petition this court to enforce the Decree. If an Individual Plaintiff concludes that Tyson Foods is not in compliance with any provision of this Decree which provides material benefits to that individual plaintiff, that individual plaintiff may, after complying with the informal resolution procedures set forth in Paragraph 17, petition this court to enforce the Decree. In determining whether Tyson Foods is in compliance with the provisions of the Consent Decree, the EEOC and the Individual Plaintiffs will give due consideration to all of the facts surrounding said non-compliance, including whether Tyson Foods has made good faith efforts to (1) investigate allegations of a racially hostile work environment and retaliation; and (2) take prompt and effective measures to prevent and correct such conduct. Both the EEOC and the individual plaintiffs shall retain the right to seek to intervene in any such enforcement action pursuant to Rule 24, Federal Rules of Civil Procedure.
17. Informal Resolution Process: Before initiating an enforcement action, the EEOC or the Individual Plaintiffs will provide Tyson Foods with written notice of the dispute. After service of the notice, the EEOC or the Individual Plaintiffs, as
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applicable, and Tyson Foods will schedule a telephone or in-person meeting to attempt to resolve the dispute. Absent a showing by either party that the delay will cause irreparable harm, Tyson shall have forty-five (45) days to attempt to resolve or cure the alleged breach. The Parties agree to cooperate with each other and use their best efforts to resole any dispute which may arise, After forty-five (45) days have passed without resolution or agreement to extend the time further, the EEOC or the individual plaintiffs may petition this court for compliance with this Decree, seeking injunctive relief, including, but not limited to, the imposition of attorneys’ fees and costs.
18. Plaintiffs’ Personnel Files: Tyson Foods will remove from each of the Private Plaintiff’s personnel files all negative information, if any, related to the claims alleged in the Private Plaintiffs’ Complaint.
19. Accountability of Supervisors: Tyson shall impose substantial discipline up to and including termination, suspension without pay or demotion - upon any Ashland supervisor or manager who engages in racial discrimination, racial harassment, or retaliation or who knowingly permits any such conduct to occur in his or her work area or among employees under his supervision. These supervisors and managers shall also be accountable for forwarding complaints of discrimination, harassment, or retaliation to the individuals charged with processing such complaints under Tyson’s policies and the provisions of this Decree. Tyson shall specify to its Ashland managers and supervisors, in writing, that their performance evaluations will include an evaluation of their compliance with Tyson’s discrimination, harassment, and retaliation policies and procedures. Copies of this writing shall be provided to the Plaintiffs within thirty (30) days after it is provided to managers and supervisors.
20. Costs Of Administration And Implementation Of Consent Decree: Tyson shall bear all costs associated with its obligations under this Consent Decree.
21. Costs and Attorneys’ Fees: Tyson agrees to pay the reasonable attorneys’ fees and costs of counsel to the Individual Plaintiffs within ten (10) days of the effective date of the Consent Decree.
22. Individual Relief: Tyson agrees to pay in settlement of all claims alleged against it by the Individual Plaintiffs and the EEOC the gross sum of $871,000. The attorneys for the Individual Plaintiffs shall advise Tyson Foods as to the portion of the gross settlement fund to be awarded to each Individual Plaintiff. Each payment to be made by Tyson to an Individual Plaintiff shall be made within twenty (20) days of receipt by Tyson of a Release Agreement signed by the Individual Plaintiff and in
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a form that is acceptable to Tyson. The parties agree that the monies paid in settlement of this case are for asserted
emotional distress sustained by each Individual Plaintiff as a result of the conduct alleged in the Complaints. Accordingly, no withholdings shall be made from any of the payments. Tyson shall report all monetary payments to the Individual Plaintiffs under this Decree on IRS Form 1099. Each Individual Plaintiff shall be responsible for payment of taxes owed to any governmental authority as a result of payments made to him under this Decree.
So ORDERED this 7th day of November, 2006.
______________________________ KARON OWEN BOWDRE UNITED STATES DISTRICT JUDGE
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Agreed to in form and content: For Plaintiff Equal Employment Opportunity Commission: Ronald Cooper, Esq. General Counsel James Lee, Esq. Deputy General Counsel Gwendolyn Young Reams, Esq. Associate General Counsel Equal Employment Opportunity Commission 1801 "L" Street, Northwest Washington, D.C. 20507
__/s/ C. Emanuel Smith__________________ C. Emanuel Smith, Esq. (MS Bar 7473) Regional Attorney __/s/ Charles Guerrier_________ Charles Guerrier, Esq. (OH 0023546) Senior Trial Attorney Mason D. Barrett, Esq. Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Birmingham District Office Ridge Park Place, Suite 2000 1130 22nd Street South Birmingham, AL 35205
Agreed to in form and content: For Individual Plaintiffs:
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_/s/ Michael L. Foreman______________________ Michael L. Foreman, Esq. Audrey J. Wiggins, Esq. LAWYERS’ COMMITTEE FOR CIVIL RIGHTS UNDER LAW 1401 New York Avenue, NW, Suite 400 Washington, DC 20005
_/s/ Harlan I. Prater, IV_____________________________ Harlan I. Prater IV, Esq. (ASB-7485-T62H) Kevin E. Clark, Esq. (ASB-3281-C57K) Brandy Owens, Esq. (ASB-9285-B40O) LIGHTFOOT, FRANKLIN & WHITE, L.L.C. The Clark Building 400 20th Street North Birmingham, AL 35203
_/s/ George N. Davies__________________________ George N. Davies, Esq. (ASB-3923-A63G) NAKAMURA, QUINN & WALLS LLP Lakeshore Park Plaza, Suite 130 2204 Lakeshore Drive Birmingham, AL 35209
_/s/ James P. Tallon______________________________ James P. Tallon, Esq. James Kim, Esq. James Athas, Esq. Brynna Connolly, Esq. Ladan F. Stewart, Esq. SHEARMAN & STERLING LLP 599 Lexington Avenue New York, NY 10022
Agreed to in form and content:
For Defendant:
_/s/ David M. Smith___________________________________ David M. Smith, Esq. (ASB-0455-S82D) Wyndall A. Ivey, Esq. (ASB-0353-Y87W)
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Janell M. Ahnert, Esq. (ASB-9644-H70J) MAYNARD COOPER & GALE PC 2400 AmSouth/Harbert Plaza 1901 Sixth Avenue North Birmingham, AL 35203-2618 _/s/ Donald R. Livingston______________________ Donald R. Livingston, Esq. (DC 436063) Michele A. Roberts, Esq. (DC 337998) Nilufer Loy, Esq. AKIN GUMP STRAUSS HAUER & FELD Robert S. Strauss Building 1333 New Hampshire Avenue NW Suite 400 Washington, DC 20036-1564
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EXHIBIT 1 NOTICE TO ALL EMPLOYEES OF TYSON FOODS, INC.
ASHLAND, ALABAMA, FACILITY
This Notice is being posted as part of the remedy agreed to pursuant to a Consent Decree between Tyson Foods, Inc., and the Equal Employment Opportunity Commission (EEOC). Copies of the entire Consent Decree are available for review and copying through the Human Resource Office in the Ashland facility.
Unlawful Discrimination: Under federal law, it is unlawful for an employer to discriminate based on race. Among other things, this means that the work environment should be free from harassment or ridicule based on race or color. Under the Consent Decree, Tyson Foods, Inc., will not discriminate on the basis of race or permit a racially hostile environment to exist at its Ashland facility.
Unlawful Retaliation: Under federal law, it is also unlawful to discriminate or retaliate against any individual who reports or complains about what he or she reasonably believes to be unlawful discrimination based on race or color. Under the Consent Decree, Tyson Foods, Inc., will not retaliate against any person who opposes discrimination, files a complaint concerning discrimination, or participates in any formal proceeding or internal investigation conducted concerning discrimination in the workplace.
Reporting Improper Conduct: If you are aware of any events, conduct, or information, which you believe may indicate some improper discrimination or harassment, it is very important that you report the information so the necessary steps may be taken to investigate, identify, and promptly remedy any problems. You may report such improper conduct to any of the following:
Reporting to Tyson Foods, Inc.: Within the Tyson organization, you may make such a report to your human resource representative, or to any supervisor or manager.
Reporting to the Consent Decree Coordinator: Under the Consent Decree between EEOC and Tyson Foods, Inc., Cathy Johnson, Vice President, Employment Compliance, has been designated as Consent Decree Coordinator to ensure enforcement of the Consent Decree. By reporting a problem to her, you do not waive any rights to file a charge of discrimination with the EEOC.
Under the Consent Decree, the EEOC is responsible for monitoring Tysons’ compliance with the provisions of the Decree. Copies of the entire Consent Decree are available for review and copying through the Human Resource Office in the Ashland facility. If you believe that you have been discriminated against or that rights guaranteed to you by the Consent Decree have been violated, you may contact the EEOC at U.S. Equal Employment Opportunity Commission, Ridge Park Place, 1130 22nd Street South, Suite 2000, Birmingham, Alabama, 35242. The EEOC charges no fees and has employees who speak languages other than English.
THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED
This Notice must remain posted for one year 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 the EEOC at the above address.

_November 8, 2006__ Date

________________________ _____________________________

For EEOC

For Tyson Foods, Inc.

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CLOSED, LEAD, STAY
U.S. District Court Northern District of Alabama (Eastern) CIVIL DOCKET FOR CASE #: 1:05-cv-01704-KOB

Equal Employment Opportunity Commission v. Tyson Foods, Inc. Assigned to: Judge Karon O Bowdre Cause: 42:2000 Job Discrimination (Race)

Date Filed: 08/11/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by 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 LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

George N Davies NAKAMURA QUINN & WALLS LLP Lakeshore Park Plaza 2204 Lakeshore Drive, Suite 130 Birmingham, AL 35209-6707 205-870-9989 Fax: 205-803-4143 Email: davies@nqwlaw.com LEAD ATTORNEY

Gwendolyn Young Reams EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street NW Washington, DC 20507 LEAD ATTORNEY ATTORNEY TO BE NOTICED

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V. Consol Plaintiff Henry Adams
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James Lee EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street NW Washington, DC 20507 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mason D Barrett EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Ridge Park Place, Suite 2000 1130 22nd Street, South Birmingham, AL 35205 212-2047 Fax: 212-2041 Email: mason.barrett@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
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 TERMINATED: 08/19/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Harlan I Prater, IV LIGHTFOOT FRANKLIN & WHITE LLC The Clark Building 400 20th Street, North Birmingham, AL 35203 581-0700 Email: hprater@lfwlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Leslie J Horton 1900 Twentieth Avenue South, Suite 211
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Consol Plaintiff Letrek Beavers

Birmingham, AL 35209 205-939-4111 Fax: 205-939-1009 Email: hortonlaw@bellsouth.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mitchell David Greggs LIGHTFOOT FRANKLIN & WHITE LLC 400 20th Street North Birmingham, AL 35203 US 205-581-0775 Fax: 205-581-0799 Email: mgreggs@lfwlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Terrence W McCarthy LIGHTFOOT FRANKLIN & WHITE LLC The Clark Building 400 20th Street North Birmingham, AL 35203 205-581-0700 Fax: 205-581-0799 Email: tmccarthy@lfwlaw.com ATTORNEY TO BE NOTICED
represented by Harlan I Prater, IV (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Leslie J Horton (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mitchell David Greggs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Terrence W McCarthy (See above for address) ATTORNEY TO BE NOTICED

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Consol Plaintiff Avery Garrett
Consol Plaintiff Howard Garrett
Consol Plaintiff Willie Griffin

represented by Harlan I Prater, IV (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Leslie J Horton (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mitchell David Greggs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Terrence W McCarthy (See above for address) ATTORNEY TO BE NOTICED
represented by Harlan I Prater, IV (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Leslie J Horton (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mitchell David Greggs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Terrence W McCarthy (See above for address) ATTORNEY TO BE NOTICED
represented by Leslie J Horton (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mitchell David Greggs (See above for address) LEAD ATTORNEY

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Consol Plaintiff Conrad Scales
Consol Plaintiff Michael Smoot
Consol Plaintiff Clay Thomas

ATTORNEY TO BE NOTICED
Terrence W McCarthy (See above for address) ATTORNEY TO BE NOTICED
represented by Harlan I Prater, IV (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Leslie J Horton (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mitchell David Greggs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Terrence W McCarthy (See above for address) ATTORNEY TO BE NOTICED
represented by Harlan I Prater, IV (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Leslie J Horton (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mitchell David Greggs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Terrence W McCarthy (See above for address) ATTORNEY TO BE NOTICED
represented by Harlan I Prater, IV (See above for address) LEAD ATTORNEY

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Consol Plaintiff Leon Walker
Consol Plaintiff Jather Whetstone

ATTORNEY TO BE NOTICED
Leslie J Horton (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mitchell David Greggs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Terrence W McCarthy (See above for address) ATTORNEY TO BE NOTICED
represented by Harlan I Prater, IV (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Leslie J Horton (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mitchell David Greggs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Terrence W McCarthy (See above for address) ATTORNEY TO BE NOTICED
represented by Harlan I Prater, IV (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Leslie J Horton (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mitchell David Greggs (See above for address) LEAD ATTORNEY

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Consol Plaintiff Bobby Welch
Consol Plaintiff Vincent Young
V. Defendant

ATTORNEY TO BE NOTICED
Terrence W McCarthy (See above for address) ATTORNEY TO BE NOTICED
represented by Harlan I Prater, IV (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Leslie J Horton (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mitchell David Greggs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Terrence W McCarthy (See above for address) ATTORNEY TO BE NOTICED
represented by Harlan I Prater, IV (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Leslie J Horton (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mitchell David Greggs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Terrence W McCarthy (See above for address) ATTORNEY TO BE NOTICED

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Tyson Foods, Inc.

represented by David M Smith MAYNARD COOPER & GALE PC 2400 AmSouth/Harbert Plaza 1901 Sixth Avenue North Birmingham, AL 35203-2618 205-254-1059 Fax: 205-254-1999 Email: dsmith@maynardcooper.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Donald R Livingston AKIN GUMP STRAUSS HAUER & FELD LLP Robert S. Strauss Building 1333 New Hampshire Avenue NW, Suite 400 Washington, DC 20036-1564 202-887-4242 Fax: 202-887-4288 Email: dlivingston@akingump.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Esther G Tamburo AKIN GUMP STRAUSS HAUER & FELD LLP Robert S. Strauss Building 1333 New Hampshire Avenue NW, Suite 400 Washington, DC 20036-1564 202-887-4588 Fax: 202-887-4288 Email: etamburo@akingump.com TERMINATED: 01/30/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michele A Roberts AKIN GUMP STRAUSS HAUER & FELD LLP Robert S. Strauss Building 1333 New Hampshire Avenue NW, Suite 400 Washington, DC 20036-1564 202-870-4000 Fax: 202-887-4288 Email: mroberts@akingump.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Date Filed 08/11/2005 08/12/2005
08/12/2005

Nilufer Loy AKIN GUMP STRAUSS HAUER & FELD LLP Robert S. Strauss Building 1333 New Hampshire Avenue NW, Suite 400 Washington, DC 20036-1564 202-887-4273 Fax: 202-887-4288 Email: nloy@akingump.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wyndall A Ivey MAYNARD COOPER & GALE PC 2400 AmSouth/Harbert Plaza 1901 Sixth Avenue North Birmingham, AL 35203-2618 205-254-1000 Fax: 205-254-1999 Email: wivey@maynardcooper.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Janell M Ahnert MAYNARD COOPER & GALE PC 1901 6th Avenue North Birmingham, AL 35203-2618 254-1000 Email: jahnert@maynardcooper.com ATTORNEY TO BE NOTICED

#

Docket Text

1 COMPLAINT against Tyson Foods, Inc. , filed by Equal Employment Opportunity Commission. Filing fee WAIVED.(KLL, ) (Entered: 08/12/2005)
2 MOTION to Intervene and to Consolidate by Henry Adams, Letrek Beavers, Avery Garrett, Howard Garrett, Willie Griffin, Conrad Scales, Willie Sillmon, Michael Smoot, Clay Thomas, Leon Walker, Jather Whetstone, Bobby Welch, Vincent Young. (Attachments: # 1 Appendix Complaint in Intervention# 2 Appendix Proposed Order)(Davies, George) Modified on 8/16/2005 (KLL, ). (Entered: 08/12/2005)
MOTION to Consolidate Cases 1:05cv1704 and 1:05cv1720, filed within motion to intervene, see doc 2 by Henry Adams, Letrek Beavers, Avery Garrett, Howard Garrett, Willie Griffin, Conrad Scales, Willie Sillmon, Michael Smoot, Clay Thomas, Leon Wlaker, Jather Whetstone, Bobby Welch, Vincent Young. (KLL, )

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08/19/2005 08/19/2005 10/11/2005 10/11/2005 10/11/2005 10/11/2005
10/11/2005 10/11/2005 10/11/2005 10/11/2005 10/11/2005 10/12/2005 10/12/2005 10/14/2005
10/20/2005

(Entered: 08/16/2005)
3 First MOTION to Withdraw as Attorney for Plaintiff by Equal Employment Opportunity Commission. (DeLeonardo, Prisca) (Entered: 08/19/2005)
ORDER granting 3 Motion of Prisca M. DeLeonardo to Withdraw as Attorney. Signed by Judge Karon O Bowdre on 08/19/2005. (JWT, ) (Entered: 08/19/2005)
4 MOTION for Limited Admission for Esther G. Tamburo by Tyson Foods, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Ahnert, Janell) (Entered: 10/11/2005)
5 MOTION for Limited Admission for Donald R. Livingston by Tyson Foods, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Ahnert, Janell) (Entered: 10/11/2005)
6 MOTION for Limited Admission for Michelle A. Roberts by Tyson Foods, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Ahnert, Janell) (Entered: 10/11/2005)
7 MOTION to Dismiss or, in the Alternative, Stay of Proceedings by Tyson Foods, Inc.. (Attachments: # 1 Affidavit Laura Brewster# 2 Exhibit A# 3 Exhibit B# 4 Errata C# 5 Exhibit D# 6 Errata E# 7 Exhibit F# 8 Exhibit G# 9 Exhibit H# 10 Exhibit I# 11 Exhibit J# 12 Exhibit K# 13 Exhibit L# 14 Exhibit M# 15 Exhibit N# 16 Affidavit of Esther G. Tamburo# 17 Exhibit A# 18 Exhibit B# 19 Text of Proposed Order to Dismiss# 20 Text of Proposed Order to Stay)(Ahnert, Janell) (Entered: 10/11/2005)
8 Brief re7 MOTION to Dismiss or, in the Alternative, Stay of Proceedings. (Ahnert, Janell) (Entered: 10/11/2005)
9 Corporate Disclosure Statement by Tyson Foods, Inc.. (Ahnert, Janell) (Entered: 10/11/2005)
10 CERTIFICATE of Counsel re 7 MOTION to Dismiss or, in the Alternative, Stay of Proceedings of Original Signatures by Janell M Ahnert on behalf of Tyson Foods, Inc. (Ahnert, Janell) (Entered: 10/11/2005)
11 ANSWER to Complaint by Tyson Foods, Inc..(Ahnert, Janell) (Entered: 10/11/2005)
MOTION to Stay Proceedings, filed within motion to dismiss, see doc 7 by Tyson Foods, Inc.. (KLL, ) (Entered: 10/12/2005)
12 UNIFORM INITIAL ORDER - with appendices attached. Signed by Judge Karon O Bowdre on 10/12/05. (KLL, ) (Entered: 10/12/2005)
PHV Fee paid: $ 50, receipt number 200 219718 re Donald Livingston; $50, receipt #200 219719 re Michele A. Roberts; $50, receipt #200 219721 re Esther G. Tamburo (KLL, ) (Entered: 10/13/2005)
ORDER granting 4 Motion for Limited Admission of Esther G. Tamburo, granting 5 Motion for Limited Admission of Donald R. Livingston, granting 6 Motion for Limited Admission of Michele A. Roberts. Signed by Judge Karon O Bowdre on 10/14/05. (JWT, ) (Entered: 10/14/2005)
13 ORDER TO SHOW CAUSE: Parties are to Show Cause by 10/27/2005 why the motion to consolidate cases CV-05-BE-1704 and CV-05-BE-1720 should not be granted. Signed by Judge Karon O Bowdre on 10/20/05. (KLL, ) (Entered:

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10/27/2005 11/01/2005
11/01/2005 11/02/2005 11/02/2005 11/03/2005 11/08/2005 11/08/2005 11/08/2005 11/08/2005 11/09/2005

10/20/2005)
14 RESPONSE TO ORDER TO SHOW CAUSE by Henry Adams, Letrek Beavers, Avery Garrett, Howard Garrett, Willie Griffin, Conrad Scales, Willie Sillmon, Michael Smoot, Clay Thomas, Leon Walker, Jather Whetstone, Bobby Welch, Vincent Young. (Clark, Kevin) (Entered: 10/27/2005)
15 ORDER of CONSOLIDATION: cases 2:05cv1704 and 2:05cv1720 shall proceed collectively as In Re Tyson Foods Litigation; all subsequent filings should be done in the lead case, 2:05cv1704, only. Signed by Judge Karon O Bowdre on 11/1/05. Associated Cases: 1:05-cv-01704-KOB,1:05-cv-01720-KOB(KLL, ) (Entered: 11/01/2005)
16 ORDER TO SHOW CAUSE: any party objecting to dft's motion to dismiss, or in the alternative, stay of proceedings shall Show Good Cause in writing by 11/8/2005. Signed by Judge Karon O Bowdre on 11/1/05. Associated Cases: 1:05-cv-01704-KOB,1:05-cv-01720-KOB(KLL, ) (Entered: 11/01/2005)
17 MOTION to Stay re 7 MOTION to Dismiss or, in the Alternative, Stay of Proceedings by Tyson Foods, Inc.. (Attachments: # 1 Text of Proposed Order)Associated Cases: 1:05-cv-01704-KOB,1:05-cv-01720-KOB(Ahnert, Janell) (Entered: 11/02/2005)
18 Brief re17 MOTION to Stay re 7 MOTION to Dismiss or, in the Alternative, Stay of Proceedings. Associated Cases: 1:05-cv-01704-KOB,1:05-cv-01720-KOB(Ahnert, Janell) (Entered: 11/02/2005)
ORDER denying the defendant's motion to stay action pending defendant's motion to dismiss or stay proceedings 17. Signed by Judge Karon O Bowdre on 11-03-05. Associated Cases: 1:05-cv-01704-KOB,1:05-cv-01720-KOB(PCL, ) (Entered: 11/03/2005)
19 MOTION to exclude all evidence relating to conciliation by Equal Employment Opportunity Commission. Associated Cases: 1:05-cv-01704-KOB,1:05-cv-01720-KOB(Barrett, Mason) (Entered: 11/08/2005)
20 NOT A DOCUMENT; ENTRY INCORRECTLY FILED, SEE ENTRY 23 by Equal Employment Opportunity Commission. Associated Cases: 1:05-cv-01704-KOB,1:05-cv-01720-KOB(Barrett, Mason) (Entered: 11/08/2005)
21 RESPONSE in Opposition re 7 MOTION to Dismiss or, in the Alternative, Stay of Proceedings filed by Equal Employment Opportunity Commission. (Attachments: # 1 Affidavit Guerrier# 2)Associated Cases: 1:05-cv-01704-KOB,1:05-cv-01720-KOB(Barrett, Mason) (Entered: 11/08/2005)
22 REPLY to re 16, 14 Adams Plaintiffs' Response to Show Cause Order filed by Tyson Foods, Inc.. Associated Cases: 1:05-cv-01704-KOB,1:05-cv-01720-KOB(Ahnert, Janell) (Entered: 11/08/2005)
23 Brief re 19 MOTION to exclude all evidence relating to conciliation filed by Equal Employment Opportunity Commission. Associated Cases: 1:05-cv-01704-KOB,1:05-cv-01720-KOB(Guerrier, Charles) (Entered: 11/09/2005)

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11/10/2005 11/10/2005
12/06/2005 12/12/2005
12/12/2005 12/13/2005 12/16/2005 12/16/2005 12/16/2005
12/16/2005 01/12/2006 01/27/2006

24 Opposition to re 19 Plaintiff's Motion to Exclude All Evidence Relating to Conciliation filed by Tyson Foods, Inc.. Associated Cases: 1:05-cv-01704-KOB,1:05-cv-01720-KOB(Ahnert, Janell) (Entered: 11/10/2005)
25 MOTION for Leave to File Reply in Support of Defendant's Motion to Dismiss or, in the Alternative Stay Proceedings by Tyson Foods, Inc.. (Attachments: # 1 Exhibit A--Defendant's Reply in Support of Defendant?s Motion to Dismiss or, in the Alternative Stay Proceedings# 2 Text of Proposed Order)Associated Cases: 1:05-cv-01704-KOB,1:05-cv-01720-KOB(Ahnert, Janell) (Entered: 11/10/2005)
26 REPORT of Rule 26(f) Planning Meeting. Associated Cases: 1:05-cv-01704-KOB,1:05-cv-01720-KOB(Clark, Kevin) (Entered: 12/06/2005)
27 MOTION to appear pro hac vice of Adam Stofsky to Appear by Henry Adams, Letrek Beavers, Avery Garrett, Howard Garrett, Willie Griffin, Conrad Scales, Willie Sillmon, Michael Smoot, Clay Thomas, Leon Walker, Jather Whetstone, Bobby Welch, Vincent Young. Associated Cases: 1:05-cv-01704-KOB,1:05-cv-01720-KOB(Clark, Kevin) (Entered: 12/12/2005)
PHV Fee paid: $ 50, receipt number 200 221468 re Adam Stofsky Associated Cases: 1:05-cv-01704-KOB,1:05-cv-01720-KOB(KLL, ) (Entered: 12/13/2005)
ORDER granting 27 Motion for Admission Pro Hac Vice of Adam Stofsky.Signed by Judge Karon O Bowdre on 12/13/2005. Associated Cases: 1:05-cv-01704-KOB,1:05-cv-01720-KOB(JWT, ) (Entered: 12/13/2005)
28 Evidentiary Material EEOC Charges and associated documents per standing order. Associated Cases: 1:05-cv-01704-KOB,1:05-cv-01720-KOB(Guerrier, Charles) (Entered: 12/16/2005)
29 NOTICE by Equal Employment Opportunity Commission re 28 Evidentiary Material EEOC Charges etc Associated Cases: 1:05-cv-01704-KOB,1:05-cv-01720-KOB(Guerrier, Charles) (Entered: 12/16/2005)
30 SCHEDULING ORDER:Pla deadline to Amend Pleadings/join additional parties 2/15/2006, dft deadline to amend pleadings/join additional parties 3/3/06; Discovery due by 6/16/2006; Dispositive Motions due by 7/17/2006 and must comply w/Appendix II located on court's website; pretrial conference set for 10/27/06 in judge's chambers; joint status report by parties due by 4/17/06. Signed by Judge Karon O Bowdre on 12/16/05. Associated Cases: 1:05-cv-01704-KOB,1:05-cv-01720-KOB(KLL, ) (Entered: 12/16/2005)
31 NOTICE by Henry Adams and Filing of Plaintiffs' Initial Disclosures Associated Cases: 1:05-cv-01704-KOB,1:05-cv-01720-KOB(Davies, George) (Entered: 12/16/2005)
32 NOTICE of Appearance by Brandy Reshaun Owens on behalf of Member Filer Associated Cases: 1:05-cv-01704-KOB,1:05-cv-01720-KOB(Owens, Brandy) (Entered: 01/12/2006)
33 MOTION to Withdraw as Attorney of Esther G. Tamburo by Tyson Foods, Inc.. Associated Cases: 1:05-cv-01704-KOB,1:05-cv-01720-KOB(Livingston, Donald) (Entered: 01/27/2006)

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01/27/2006 02/10/2006 02/13/2006 02/23/2006 02/28/2006 02/28/2006 02/28/2006 02/28/2006
02/28/2006 03/06/2006
03/08/2006 03/09/2006

ORDER granting 33 Motion of Esther G. Tamburo to Withdraw as Attorney filed in CV-05-1704-E. Signed by Judge Karon O Bowdre on 01/27/2006. Associated Cases: 1:05-cv-01704-KOB,1:05-cv-01720-KOB(JWT, ) (Entered: 01/27/2006)
34 NOTICE by Member Filer Plaintiffs' First Supplemental Disclosures Associated Cases: 1:05-cv-01704-KOB,1:05-cv-01720-KOB(Owens, Brandy) (Entered: 02/10/2006)
35 MOTION for Protective Order by Tyson Foods, Inc.. (Attachments: # 1 Text of Proposed Order)Associated Cases: 1:05-cv-01704-KOB,1:05-cv-01720-KOB(Ahnert, Janell) (Entered: 02/13/2006)
36 NOTICE of Appearance by Mitchell David Greggs on behalf of Member Filer Associated Cases: 1:05-cv-01704-KOB,1:05-cv-01720-KOB(Greggs, Mitchell) (Entered: 02/23/2006)
ORDER denying 19 the motion of the Equal Employment Opportunity Commission to Exclude all Evidence Relating to Conciliation. Signed by Judge Karon O Bowdre on 02-29-06. Associated Cases: 1:05-cv-01704-KOB,1:05-cv-01720-KOB(PCL, ) (Entered: 02/28/2006)
37 ORDER TO SHOW CAUSE: Plas' are to Show Cause by 3/14/2006 why dft's motion for protective order should not be granted. Signed by Judge Karon O Bowdre on 2/28/06. Associated Cases: 1:05-cv-01704-KOB,1:05-cv-01720-KOB(KLL, ) (Entered: 02/28/2006)
ORDER granting the defendant's motion for leave to file a reply 25. The defendant is DIRECTED to file the reply attached as an exhibit to the motion for leave. Signed by Judge Karon O Bowdre on 02-28-06. Associated Cases: 1:05-cv-01704-KOB,1:05-cv-01720-KOB(PCL, ) (Entered: 02/28/2006)
ORDER Setting Hearing on Defendant Tyson Food's Motion to Dismiss or, in the Alternative, Motion to Stay Proceedings for April 17, 2006 at 10:00 AM in Courtroom 5A before Judge Karon O Bowdre. Signed by Judge Karon O Bowdre on 02-28-06. Associated Cases: 1:05-cv-01704-KOB,1:05-cv-01720-KOB(PCL, ) (Entered: 02/28/2006)
38 REPLY to re 25, 7, 8, in Support of Defendant's Motion to Dismiss or, in the Alternative Stay Proceedings filed by Tyson Foods, Inc.. Associated Cases: 1:05-cv-01704-KOB,1:05-cv-01720-KOB(Ahnert, Janell) (Entered: 02/28/2006)
39 NOTICE of Appearance by Terrence W McCarthy on behalf of Henry Adams, Letrek Beavers, Avery Garrett, Howard Garrett, Willie Griffin, Conrad Scales, Michael Smoot, Clay Thomas, Leon Walker, Jather Whetstone, Bobby Welch, Vincent Young Associated Cases: 1:05-cv-01704-KOB,1:05-cv-01720-KOB(McCarthy, Terrence) (Entered: 03/06/2006)
40 MOTION for Leave for Nilufer Loy to Appear Pro Hac Vice by Tyson Foods, Inc.. (Attachments: # 1 # 2)Associated Cases: 1:05-cv-01704-KOB,1:05-cv-01720-KOB(Ivey, Wyndall) (Entered: 03/08/2006)
41 JOINT MOTION to Stay by Tyson Foods, Inc.. Associated Cases: 1:05-cv-01704-KOB,1:05-cv-01720-KOB(Ivey, Wyndall) (Entered: 03/09/2006)

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03/09/2006
03/09/2006 03/10/2006 03/14/2006 03/15/2006 04/10/2006 05/08/2006
05/09/2006
05/24/2006 06/14/2006

Currently pending before the court is the parties' Joint Motion for Stay of Proceedings 41. The court GRANTS the motion and DIRECTS the parties to file a report regarding the status of mediation within thirty (30)days of the entry of this order. Consequently, the hearing scheduled for April 17, 2006 is CANCELLED. Signed by Judge Karon O Bowdre on 03-09-06. Associated Cases: 1:05-cv-01704-KOB,1:05-cv-01720-KOB(PCL, ) (Entered: 03/09/2006)
PHV Fee paid: $ 50, receipt number 200 224168 re Nilufer Loy Associated Cases: 1:05-cv-01704-KOB,1:05-cv-01720-KOB(KLL, ) (Entered: 03/10/2006)
ORDER granting 40 Motion for Leave for Nilufer Loy to Appear (filed in CV-05-1704-E. Signed by Judge Karon O Bowdre on 03/10/2006. Associated Cases: 1:05-cv-01704-KOB,1:05-cv-01720-KOB(JWT, ) (Entered: 03/10/2006)
42 NOTICE of deferred filing by Equal Employment Opportunity Commission re 37 Order to Show Cause Associated Cases: 1:05-cv-01704-KOB,1:05-cv-01720-KOB(Guerrier, Charles) (Entered: 03/14/2006)
43 NOTICE of Joinder re 42 Notice of deferred filing by Henry Adams, Letrek Beavers, Avery Garrett, Howard Garrett, Willie Griffin, Conrad Scales, Michael Smoot, Clay Thomas, Leon Walker, Jather Whetstone, Bobby Welch, Vincent Young Associated Cases: 1:05-cv-01704-KOB,1:05-cv-01720-KOB(Greggs, Mitchell) (Entered: 03/15/2006)
44 STATUS REPORT Joint Report on Status of Mediation by Clay Thomas. Associated Cases: 1:05-cv-01704-KOB,1:05-cv-01720-KOB(Prater, Harlan) (Entered: 04/10/2006)
45 Joint MOTION to Stay proceedings an additional 60 days by Henry Adams, Letrek Beavers, Avery Garrett, Howard Garrett, Willie Griffin, Conrad Scales, Michael Smoot, Clay Thomas, Leon Walker, Jather Whetstone, Bobby Welch, Vincent Young, Equal Employment Opportunity Commission, Tyson Foods, Inc.. Associated Cases: 1:05-cv-01704-KOB,1:05-cv-01720-KOB(Smith, David) (Entered: 05/08/2006)
ORDER granting 45 (filed in lead case 1:05cv1704) Motion to Stay Proceedings for 60 days. No additional extensions will be granted. Parties are to file joint status report within 30 days which should reflect additional mediation sessions conducted by that date.Signed by Judge Karon O Bowdre on 05/09/2006. Associated Cases: 1:05-cv-01704-KOB,1:05-cv-01720-KOB(JWT, ) (Entered: 05/09/2006)
46 NOTICE of Appearance by Charles Guerrier on behalf of Equal Employment Opportunity Commission Associated Cases: 1:05-cv-01704-KOB,1:05-cv-01720-KOB(Guerrier, Charles) (Entered: 05/24/2006)
47 ORDER TO SHOW CAUSE: parties are to Show Cause by 6/21/2006 why the stay should not be lifted given the parties' failure to provide the court with a joint status report regarding the status of mediation. Signed by Judge Karon O Bowdre on 6/14/06. Associated Cases: 1:05-cv-01704-KOB,1:05-cv-01720-KOB(KLL, ) (Entered: 06/14/2006)

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06/20/2006
06/26/2006 07/26/2006
07/27/2006 08/29/2006 08/31/2006 08/31/2006 10/05/2006 10/18/2006 10/19/2006

48 STATUS REPORT (Joint Report on Status of Mediation and Joint Motion for Leave to File Status Report) by Henry Adams, Letrek Beavers, Avery Garrett, Howard Garrett, Willie Griffin, Conrad Scales, Michael Smoot, Clay Thomas, Leon Walker, Jather Whetstone, Bobby Welch, Vincent Young, Equal Employment Opportunity Commission, Tyson Foods, Inc.. Associated Cases: 1:05-cv-01704-KOB,1:05-cv-01720-KOB(Clark, Kevin) (Entered: 06/20/2006)
ORDER granting leave to file status report included in Joint Report of Status of Mediation (doc. 47 filed in 05-1704); Joint Status Report is due July 26, 2006 or upon completion of mediation, whichever comes first. Signed by Judge Karon O Bowdre on 06-26-2006. Associated Cases: 1:05-cv-01704-KOB,1:05-cv-01720-KOB(JWT, ) (Entered: 06/26/2006)
49 STATUS REPORT (Joint Report on Status of Mediation) by Henry Adams, Letrek Beavers, Avery Garrett, Howard Garrett, Willie Griffin, Conrad Scales, Michael Smoot, Clay Thomas, Leon Walker, Jather Whetstone, Bobby Welch, Vincent Young, Equal Employment Opportunity Commission, Tyson Foods, Inc.. Associated Cases: 1:05-cv-01704-KOB,1:05-cv-01720-KOB(Clark, Kevin) (Entered: 07/26/2006)
ORDER At the request of the mediator, the stay in this case is continued another 30 days until August 28, 2006. Signed by Judge Karon O Bowdre on 07/27/06. Associated Cases: 1:05-cv-01704-KOB,1:05-cv-01720-KOB(JWT, ) (Entered: 07/27/2006)
50 STATUS REPORT Joint Report on Status of Mediation by Tyson Foods, Inc.. (Attachments: # 1 Exhibit A)Associated Cases: 1:05-cv-01704-KOB,1:05-cv-01720-KOB(Prater, Harlan) (Entered: 08/29/2006)
ORDER dismissing [] Motion to Stay, dismissing 35 Motion for Protective Order, dismissing 7 Motion to Dismiss. Each of these motions is dismissed without prejudice, with leave to refile following conclusion of mediation . Signed by Judge Karon O Bowdre on 08-31-06. Associated Cases: 1:05-cv-01704-KOB,1:05-cv-01720-KOB(EKM, ) (Entered: 08/31/2006)
51 ORDER granting the parties' request to extend the stay in this case. Therefore, the court orders this case be STAYED until 9/18/06; NO FURTHER EXTENSIONS WILL BE GRANTED. Signed by Judge Karon O Bowdre on 8/31/06. Associated Cases: 1:05-cv-01704-KOB,1:05-cv-01720-KOB(KLL, ) (Entered: 08/31/2006)
52 ORDER: Proposed Pretrial Order due by 10/20/2006. Pretrial Conference set for 10/27/2006 11:00 AM before Judge Karon O Bowdre. Instructions attached as further set out in this Order. Signed by Judge Karon O Bowdre on 10/05/06. Associated Cases: 1:05-cv-01704-KOB,1:05-cv-01720-KOB(SMH2, ) (Entered: 10/05/2006)
53 MOTION for Extension of Time Unopposed Motion to Extend Proposed Pretrial Order Deadline by Tyson Foods, Inc.. Associated Cases: 1:05-cv-01704-KOB,1:05-cv-01720-KOB(Smith, David) (Entered: 10/18/2006)
ORDER granting 53 Defendant's Unopposed Motion for Extension of Time . Upon representation by the parties that a settlement is imminent in this case, the court gives the parties until 4 p.m. on October 26, 2006 to submit their proposed

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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?926818737640855-L_9...

10/26/2006 11/07/2006 11/07/2006 11/07/2006

pretrial order. Signed by Judge Karon O Bowdre on 10-19-06. Associated Cases: 1:05-cv-01704-KOB,1:05-cv-01720-KOB(EKM, ) (Entered: 10/19/2006)
54 ORDER DISMISSING CASE: Settlement reached; Case dismissed w/out prejudice as further set out in this order. Signed by Judge Karon O Bowdre on 10/26/06. Associated Cases: 1:05-cv-01704-KOB,1:05-cv-01720-KOB(SMH2, ) (Entered: 10/26/2006)
55 Joint MOTION to Reopen Case and enter Consent Decree and Judgment by Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order Consent Decree and Final Judgment)(Guerrier, Charles) (Entered: 11/07/2006)
ORDER granting 55 Motion to Reopen Case . The court also ORDERS that the Dismissal Order entered on October 26, 2006 is hereby VACATED. Signed by Judge Karon O Bowdre on 11-7-06. (EKM, ) (Entered: 11/07/2006)
56 Consent Decree and Final Judgment. Signed by Judge Karon O Bowdre on 11/07/06. (SMH2, ) (Entered: 11/07/2006)

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 Tyson Foods Sued for Race Bias and Retaliation against Blacks; 'White...

http://www.eeoc.gov/press/8-11-05.html

The U.S. Equal Employment Opportunity Commission

FOR IMMEDIATE RELEASE August 11, 2005

CONTACT: Bernice Williams-Kimbrough (205) 212-2148 Charles E. Guerrier (205) 212-2044
TTY: (205) 212-2112

TYSON FOODS SUED FOR RACE BIAS AND RETALIATION AGAINST BLACKS; ‘WHITES ONLY' RESTROOM AT ISSUE

Rare EEOC Case for Segregated Job Facilities In Deep South
BIRMINGHAM, Ala. – After complaining to Tyson Foods, Inc. about the posting of a "Whites Only" sign on one of Tyson's restrooms at its Ashland, Alabama, facility, two black employees were subjected to adverse personnel actions by Tyson management, the U.S. Equal Employment Opportunity Commission (EEOC) alleges in a discrimination lawsuit announced today.
The EEOC's suit, EEOC v. Tyson Foods, Inc., CV-05-BE-1704-E (U.S. District Court for the Northern District of Alabama), alleges that Tyson's violated Title VII of the Civil Rights Act of 1964 by discriminating against Henry Adams, Leon Walker, and other black employees, by establishing and maintaining a locked bathroom facility, which on occasion had signs posted on it stating "Out of Order" and "Whites Only". Keys to the facility were distributed to white employees only. After Mr. Adams and Mr. Walker complained of the segregated facility, management subjected them to adverse employment actions, including suspensions and disciplinary write-ups.
"This year the Commission is celebrating its fortieth anniversary," said Bernice Williams-Kimbrough, District Director of the EEOC's Birmingham District Office. "While this country has made great strides in addressing issues of racism, unfortunately there are still people who have not yet gotten the message that segregation in the workplace will not be tolerated. The EEOC exists to make certain that the promise of equal opportunity in employment extends not only to access to jobs but to equal treatment on those jobs."
The EEOC filed suit only after attempting to reach a voluntary pre-litigation settlement through its conciliation process. The suit seeks injunctive relief, and compensatory and punitive damages on behalf of Henry Adams, Leon Walker, and the class of black employees.
"A company's commitment to equal opportunity is measured by more than the existence of written policies and diversity training," said Charles E. Guerrier, Regional Attorney for the EEOC's Birmingham District Office. "True commitment is measured by the environment in which employees work and their understanding of what equal opportunity means on a day-to-day, one-on-one basis. When an employee feels free to lock a bathroom facility and to post a ‘Whites Only' sign on it, even for one day, that employer has not been effective in delivering the message of equal opportunity to its employees."
According to its web site www.tysonfoodsinc.com: "Tyson Foods, Inc., founded in 1935 with headquarters in Springdale, Arkansas, is the world's largest processor and marketer of chicken, beef and pork and the second-largest food company in the Fortune 500. The company produces a wide variety of protein-based and prepared food products, which are marketed under the Powered by Tyson (TM) strategy. Tyson is the recognized market leader in the retail and food service markets it serves, providing products and service to customers throughout the United States and more than 80 countries. Tyson has approximately 114,000 Team Members employed at more than 300 facilities and offices in the United States and around the world."
The EEOC enforces Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex, and national origin; the Age Discrimination in Employment Act, which prohibits discrimination against individuals 40 years of age or older; sections of the Civil Rights Act of 1991; the Equal Pay Act; Title I of the Americans with Disabilities Act, which prohibits discrimination against people with disabilities in the private sector and state and local governments; and the Rehabilitation Act's prohibitions against disability discrimination in the federal government. Further information about the Commission is available on its web site at www.eeoc.gov.

This page was last modified on August 12, 2005.

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Tyson Foods Sued for Race Bias and Retaliation against Blacks; 'White... Return to Home Page

http://www.eeoc.gov/press/8-11-05.html

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5/25/2007 2:11 PM

 
 Tyson Foods Agrees to Resolve Race Harassment and Retaliation Lawsuit

http://www.eeoc.gov/press/11-7-06.html

The U.S. Equal Employment Opportunity Commission
FOR IMMEDIATE RELEASE NOVEMBER 7, 2006

CONTACT: TTY:

C. Emanuel Smith Regional Attorney (205)-212-2037
Charles E. Guerrier Senior Trial Attorney (205) 212-2044 (205) 212-2112

TYSON FOODS AGREES TO RESOLVE RACE HARASSMENT AND RETALIATION LAWSUIT
Settlement by EEOC and Private Plaintiffs Mandates Systemic Changes
BIRMINGHAM, Ala. – The U.S. Equal Employment Opportunity Commission (EEOC) today announced a major litigation settlement with Tyson Foods for $871,000 on behalf of black workers who alleged that they were racially harassed and retaliated against at a chicken processing plant in Ashland, Alabama. The three-year consent decree entered today by U.S. District Court Judge Karen O. Bowdre also includes significant injunctive relief that will foster a discrimination-free workplace at Tyson Foods in Ashland.
The decree resolves two race discrimination and retaliation lawsuits against the poultry giant under Title VII of the 1964 Civil Rights Act: one filed by the EEOC in August 2005, and another filed by a group of 13 former and present African-American employees. The cases, resolved during the discovery stage, had been consolidated by Judge Bowdre in U.S. District Court for the Northern District of Alabama (In Re Tyson Foods Litigation, Consolidated Case No. CV-05-BE-1704-E).
Collectively, the litigation charged Tyson Foods with maintaining a racially hostile work environment at the Ashland facility – including a racially segregated bathroom facility, racial slurs, and intimidation – and retaliating against employees who complained about the unlawful conduct. As part of its suit, the EEOC said that a Tyson employee established a locked, segregated bathroom facility, which on occasion had signs posted. Keys to the facility were allegedly distributed by that employee to white employees only.
“We are pleased that the EEOC, the attorneys for the individual plaintiffs, and the Lawyers’ Committee for Civil Rights were able to work cooperatively with Tyson Foods to resolve this matter amicably,” said the EEOC’s newly appointed Birmingham district director, Delner Franklin-Thomas. “This comprehensive consent decree should remind all employers to be alert to discrimination, to take prompt and corrective action if and when it occurs, and to avoid retaliation.”
In addition to the substantial monetary relief, the consent decree mandates the following systemic changes for the Ashland, Alabama facility:
Appointing a senior level employee as “consent decree coordinator” to oversee the implementation of the settlement. The coordinator will be responsible for reviewing Tyson’s policies and procedures for addressing discriminatory workplace conduct and supplementing those policies as necessary. The coordinator will also be responsible for preparing and submitting semi-annual reports to the EEOC over the three-year term of the decree.
Providing periodic training to all employees on what constitutes racial discrimination, harassment, and retaliation – and on how to respond to such actions.
Monitoring employee discipline for potential or actual disparate treatment in the distribution of discipline or the resolution of grievances.
Holding supervisors at the Ashland plant accountable for participating in, permitting, or failing to report incidents of racial discrimination or harassment. Tyson will substantially discipline – up to and including termination, suspension without pay and demotion – any supervisor found to have violated its policies. Performance appraisals on supervisors at the Ashland plant will include compliance with the discrimination and harassment policies.
C. Emanuel Smith, regional attorney of the EEOC’s Birmingham District Office, said, “This resolution, along with the additional steps which Tyson Foods took on its own, fairly compensates the employees at the Ashland

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Tyson Foods Agrees to Resolve Race Harassment and Retaliation Lawsuit

http://www.eeoc.gov/press/11-7-06.html

facility. The consent decree also puts in place sufficient protective measures to allow early resolution of future employment disputes.”
Charles Guerrier, the senior trial attorney in Birmingham who led the EEOC’s litigation effort, said, “The resolution of this case long before trial is in part a product of early remedial measures taken by Tyson and the support of the attorneys representing the plaintiffs. This settlement is a win-win outcome for all parties and will have a lasting impact in addressing any future discrimination.”
The individual plaintiffs were represented by a team comprised of attorneys from the Lawyer’s Committee for Civil Rights Under Law in Washington; Shearman & Sterling LLP in New York; Nakamura Quinn & Walls LLP in Birmingham; and Lightfoot Franklin & White, LLC, also in Birmingham. Tyson was represented by Maynard, Cooper & Gale, P.C., in Birmingham, and Akin Gump Strauss Hauer & Feld LLP in Washington.
According to its web site (www.tysonfoodsinc.com): “Tyson Foods, Inc., founded in 1935 with headquarters in Springdale, Arkansas, is the world’s largest processor and marketer of chicken, beef and pork and the second-largest food company in the Fortune 500. Tyson is the recognized market leader in the retail and food service markets it serves, providing products and service to customers throughout the United States and more than 80 countries. Tyson has approximately 114,000 Team Members employed at more than 300 facilities and offices in the United States and around the world.”
The EEOC enforces federal laws prohibiting employment discrimination based on race, color, sex, religion, national origin, age, and disability. The Birmingham District Office’s jurisdiction includes Alabama, most of Mississippi, and the Florida panhandle. Further information about the EEOC is available on its web site at www.eeoc.gov.
This page was last modified on November 7, 2006.

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5/25/2007 2:10 PM

 
 CLOSED, CONSOL
U.S. District Court Northern District of Alabama (Eastern) CIVIL DOCKET FOR CASE #: 1:05−cv−01720−KOB

Adams et al v. Tyson Foods, Inc. Assigned to: Judge Karon O Bowdre Cause: 42:2000 Job Discrimination (Race) Plaintiff United States Equal Employment Opportunity Commission TERMINATED: 08/25/2005
Plaintiff Henry Adams

Date Filed: 08/11/2005 Date Terminated: 10/27/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: Federal Question
represented by George N Davies NAKAMURA QUINN &WALLS LLP Lakeshore Park Plaza 2204 Lakeshore Drive, Suite 130 Birmingham, AL 35209−6707 205−870−9989 Fax: 205−803−4143 Email: davies@nqwlaw.com TERMINATED: 08/25/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kevin E Clark LIGHTFOOT FRANKLIN &WHITE LLC The Clark Building 400 20th Street, North Birmingham, AL 35203 581−0700 Email: kclark@lfwlaw.com TERMINATED: 08/25/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Adam T Stofsky LAWYERS COMMITTEE FOR CIVIL RIGHTS UNDER LAW 1401 New York Avenue NW, Suite 400 Washington, DC 20005−2124 202−662−8335 Fax: 202−628−2860 Email: astofsky@lawyerscommittee.org LEAD ATTORNEY ATTORNEY TO BE NOTICED
Angeline Koo SHEARMAN &STERLING LLP 599 Lexington Avenue New York, NY 10022 212−848−4000 Fax: 212−848−7179 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Audrey J Wiggins LAWYERS COMMITTEE FOR CIVIL RIGHTS UNDER LAW 1401 New York Avenue NW, Suite 400 Washington, DC 20005 202−662−8328 Fax: 202−628−2860

Email: awiggins@lawyerscommittee.org LEAD ATTORNEY ATTORNEY TO BE NOTICED
George N Davies (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ivan E Lee SHEARMAN &STERLING LLP 599 Lexington Avenue New York, NY 10022 212−848−4000 Fax: 212−848−7179 LEAD ATTORNEY ATTORNEY TO BE NOTICED
James Kim SHEARMAN &STERLING LLP 599 Lexington Avenue New York, NY 10022 212−848−4000 Fax: 212−848−7179 Email: james.kim@shearman.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
James P Tallon SHEARMAN &STERLING LLP 599 Lexington Avenue New York, NY 10022 212−848−4650 Fax: 212−848−7279 Email: jtallon@shearman.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kevin E Clark (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Landan F Stewart SHEARMAN &STERLING LLP 599 Lexington Avenue New York, NY 10022 212−848−4000 Fax: 212−848−7179 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nicole DeSario LAWYERS COMMITTEE FOR CIVIL RIGHTS UNDER LAW 1401 New York Avenue NW, Suite 400 Washington, DC 20005 202−662−8600 Fax: 202−783−0857 Email: ndesario@lawyerscomm.org LEAD ATTORNEY ATTORNEY TO BE NOTICED
Brandy Reshaun Owens LIGHTFOOT FRANKLIN &WHITE LLC

Plaintiff Letrek Beavers
Plaintiff

The Clark Building 400 20th Street North Birmingham, AL 35203 205−581−1504 Fax: 205−581−0799 Email: bowens@lightfootlaw.com ATTORNEY TO BE NOTICED
represented by Adam T Stofsky (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Angeline Koo (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Audrey J Wiggins (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
George N Davies (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ivan E Lee (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
James Kim (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
James P Tallon (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kevin E Clark (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Landan F Stewart (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nicole DeSario (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Brandy Reshaun Owens (See above for address) ATTORNEY TO BE NOTICED

Avery Garrett
Plaintiff Howard Garrett

represented by Adam T Stofsky (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Angeline Koo (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Audrey J Wiggins (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
George N Davies (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ivan E Lee (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
James Kim (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
James P Tallon (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kevin E Clark (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Landan F Stewart (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nicole DeSario (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Brandy Reshaun Owens (See above for address) ATTORNEY TO BE NOTICED
represented by Adam T Stofsky (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Angeline Koo (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Willie Griffin

Audrey J Wiggins (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
George N Davies (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ivan E Lee (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
James Kim (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
James P Tallon (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kevin E Clark (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Landan F Stewart (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nicole DeSario (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Brandy Reshaun Owens (See above for address) ATTORNEY TO BE NOTICED
represented by Adam T Stofsky (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Angeline Koo (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Audrey J Wiggins (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
George N Davies (See above for address) LEAD ATTORNEY

Plaintiff Conrad Scales

ATTORNEY TO BE NOTICED
Ivan E Lee (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
James Kim (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
James P Tallon (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kevin E Clark (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Landan F Stewart (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nicole DeSario (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Brandy Reshaun Owens (See above for address) ATTORNEY TO BE NOTICED
represented by Adam T Stofsky (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Angeline Koo (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Audrey J Wiggins (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
George N Davies (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ivan E Lee (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
James Kim (See above for address)

Plaintiff Michael Smoot

LEAD ATTORNEY ATTORNEY TO BE NOTICED
James P Tallon (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kevin E Clark (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Landan F Stewart (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nicole DeSario (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Brandy Reshaun Owens (See above for address) ATTORNEY TO BE NOTICED
represented by Adam T Stofsky (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Angeline Koo (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Audrey J Wiggins (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
George N Davies (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ivan E Lee (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
James Kim (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
James P Tallon (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kevin E Clark

Plaintiff Clay Thomas

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Landan F Stewart (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nicole DeSario (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Brandy Reshaun Owens (See above for address) ATTORNEY TO BE NOTICED
represented by Adam T Stofsky (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Angeline Koo (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Audrey J Wiggins (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
George N Davies (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ivan E Lee (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
James Kim (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
James P Tallon (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kevin E Clark (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Landan F Stewart (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Leon Walker

Nicole DeSario (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Brandy Reshaun Owens (See above for address) ATTORNEY TO BE NOTICED
represented by Adam T Stofsky (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Angeline Koo (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Audrey J Wiggins (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
George N Davies (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ivan E Lee (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
James Kim (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
James P Tallon (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kevin E Clark (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Landan F Stewart (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nicole DeSario (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Brandy Reshaun Owens (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Jather Whetstone
Plaintiff Bobby Welch

represented by Adam T Stofsky (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Angeline Koo (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Audrey J Wiggins (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
George N Davies (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ivan E Lee (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
James Kim (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
James P Tallon (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kevin E Clark (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Landan F Stewart (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nicole DeSario (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Brandy Reshaun Owens (See above for address) ATTORNEY TO BE NOTICED
represented by Adam T Stofsky (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Angeline Koo (See above for address) LEAD ATTORNEY

Plaintiff Vincent Young

ATTORNEY TO BE NOTICED
Audrey J Wiggins (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
George N Davies (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ivan E Lee (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
James Kim (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
James P Tallon (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kevin E Clark (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Landan F Stewart (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nicole DeSario (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Brandy Reshaun Owens (See above for address) ATTORNEY TO BE NOTICED
represented by Adam T Stofsky (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Angeline Koo (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Audrey J Wiggins (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
George N Davies (See above for address)

V. Defendant Tyson Foods, Inc.

LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ivan E Lee (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kevin E Clark (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Landan F Stewart (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nicole DeSario (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Brandy Reshaun Owens (See above for address) ATTORNEY TO BE NOTICED
represented by David M Smith MAYNARD COOPER &GALE PC 2400 AmSouth/Harbert Plaza 1901 Sixth Avenue North Birmingham, AL 35203−2618 205−254−1000 Fax: 205−254−1999 Email: dsmith@maynardcooper.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Donald R Livingston AKIN GUMP STRAUSS HAUER &FELD LLP Robert S. Strauss Building 1333 New Hampshire Avenue NW, Suite 400 Washington, DC 20036−1564 202−887−4242 Fax: 202−887−4288 Email: dlivingston@akingump.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Esther G Tamburo AKIN GUMP STRAUSS HAUER &FELD LLP Robert S. Strauss Building 1333 New Hampshire Avenue NW, Suite 400 Washington, DC 20036−1564 202−887−4588 Fax: 202−887−4288 Email: etamburo@akingump.com

TERMINATED: 01/30/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michele A Roberts AKIN GUMP STRAUSS HAUER &FELD LLP Robert S. Strauss Building 1333 New Hampshire Avenue NW, Suite 400 Washington, DC 20036−1564 202−870−4000 Fax: 202−887−4288 Email: mroberts@akingump.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nilufer Loy AKIN GUMP STRAUSS HAUER &FELD LLP Robert S. Strauss Building 1333 New Hampshire Avenue NW, Suite 400 Washington, DC 20036−1564 202−887−4273 Fax: 202−887−4288 Email: nloy@akingump.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wyndall A Ivey MAYNARD COOPER &GALE PC 2400 AmSouth/Harbert Plaza 1901 Sixth Avenue North Birmingham, AL 35203−2618 205−254−1000 Fax: 205−254−1999 Email: wivey@maynardcooper.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Janell M Ahnert MAYNARD COOPER &GALE PC 1901 6th Avenue North Birmingham, AL 35203−2618 254−1000 Email: jahnert@maynardcooper.com ATTORNEY TO BE NOTICED

Date Filed 08/11/2005
08/18/2005 08/18/2005

# Docket Text
1 COMPLAINT (titled as "Complaint in Intervention") against Tyson Foods, Inc. (Filing fee $ 250, receipt #200 218070.) , filed by Avery Garrett, Howard Garrett, Willie Griffin, Conrad Scales, Michael Smoot, Clay Thomas, Leon Walker, United States Equal Employment Opportunity Commission, Jather Whetstone, Bobby Welch, Vincent Young, Henry Adams, Letrek Beavers.(KLL, ) (Entered: 08/12/2005)
2 Request for service by certified mail filed by Avery Garrett, Howard Garrett, Willie Griffin, Conrad Scales, Michael Smoot, Clay Thomas, Leon Walker, United States Equal Employment Opportunity Commission, Jather Whetstone, Bobby Welch, Vincent Young, Henry Adams, Letrek Beavers. (KLL, ) (Entered: 08/18/2005)
3 Summons Issued as to Tyson Foods, Inc. Mailed certified mail (KLL, ) (Entered: 08/18/2005)

08/19/2005
08/19/2005
08/19/2005 08/19/2005 08/22/2005
08/22/2005 08/25/2005
10/11/2005 10/11/2005 10/11/2005 10/11/2005 10/11/2005 10/12/2005 10/12/2005 10/14/2005
11/01/2005
11/01/2005
11/02/2005

4 MOTION for Leave to Appear Pro Hac Vice (Audrey Wiggins and Nicole DeSario) by Avery Garrett, Howard Garrett, Willie Griffin, Conrad Scales, Michael Smoot, Clay Thomas, Leon Walker, Jather Whetstone, Bobby Welch, Vincent Young, Henry Adams, Letrek Beavers. (Clark, Kevin) (Entered: 08/19/2005)
5 MOTION for Leave to Appear Pro Hac Vice (James P. Tallon, James Kim, Ladan F. Stewart, Angeline Koo and Ivan E. Lee) by Avery Garrett, Howard Garrett, Willie Griffin, Conrad Scales, Michael Smoot, Clay Thomas, Leon Walker, Jather Whetstone, Bobby Welch, Vincent Young, Henry Adams, Letrek Beavers. (Clark, Kevin) (Entered: 08/19/2005)
PHV Fee paid: $ 150, receipt number 200 218253 (KLL, ) (Entered: 08/22/2005)
PHV Fee paid: $ 200, receipt number 200 218252 (KLL, ) (Entered: 08/22/2005)
ORDER granting 4 Motion for Leave for Audrey Wiggins and Nicole DeSario to Appear, granting 5 Motion for Leave for James P. Tallon, James Kim, Ladan F. Stewart, Angeline Koo and Ivan E. Lee to Appear. Signed by Judge Karon O Bowdre on 8/22/2005. (JWT, ) (Entered: 08/22/2005)
6 SUMMONS Returned Executed. Tyson Foods, Inc. served on 8/19/2005, answer due 9/8/2005. (KLL, ) (Entered: 08/23/2005)
7 AMENDED COMPLAINT against all defendants, filed by Avery Garrett, Howard Garrett, Willie Griffin, Conrad Scales, Michael Smoot, Clay Thomas, Leon Walker, United States Equal Employment Opportunity Commission, Jather Whetstone, Bobby Welch, Vincent Young, Henry Adams, Letrek Beavers.(Davies, George) (Entered: 08/25/2005)
8 MOTION for Limited Admission of Esther G. Tamburo by Tyson Foods, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Ahnert, Janell) (Entered: 10/11/2005)
9 MOTION for Limited Admission of Donald R. Livingston by Tyson Foods, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Ahnert, Janell) (Entered: 10/11/2005)
10 MOTION for Limited Admission of Michele A. Roberts by Tyson Foods, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Ahnert, Janell) (Entered: 10/11/2005)
11 ANSWER to Amended Complaint by Tyson Foods, Inc..(Ahnert, Janell) (Entered: 10/11/2005)
12 Corporate Disclosure Statement by Tyson Foods, Inc.. (Ahnert, Janell) (Entered: 10/11/2005)
13 UNIFORM INITIAL ORDER − with appendices attached. Signed by Judge Karon O Bowdre on 10/12/05. (KLL, ) (Entered: 10/12/2005)
PHV Fee paid: $ 50, receipt number 200 219722 re Michele A. Roberts; $50, receipt #200 219723 re Esther G. Tamburo; $50, receipt #200 219724 re Donald R. Livingston (KLL, ) (Entered: 10/13/2005)
ORDER granting 8 Motion for Limited Admission of Esther G. Tamburo, granting 9 Motion for Limited Admission of Donald R. Livingston, granting 10 Motion for Limited Admission of Michele A. Roberts. Signed by Judge Karon O Bowdre on 10/14/05. (JWT, ) (Entered: 10/14/2005)
14 ORDER of CONSOLIDATION: cases 2:05cv1704 and 2:05cv1720 shall proceed collectively as In Re Tyson Foods Litigation; all subsequent filings should be done in the lead case, 2:05cv1704, only. Signed by Judge Karon O Bowdre on 11/1/05. Associated Cases: 1:05−cv−01704−KOB,1:05−cv−01720−KOB(KLL, ) (Entered: 11/01/2005)
15 ORDER TO SHOW CAUSE: any party objecting to dft's motion to dismiss, or in the alternative, stay of proceedings shall Show Good Cause in writing by 11/8/2005. Signed by Judge Karon O Bowdre on 11/1/05. Associated Cases: 1:05−cv−01704−KOB,1:05−cv−01720−KOB(KLL, ) (Entered: 11/01/2005)
16 MOTION to Stay re 7 MOTION to Dismiss or, in the Alternative, Stay of Proceedings by Tyson Foods, Inc.. (Attachments: # 1 Text of Proposed Order)Associated Cases: 1:05−cv−01704−KOB,1:05−cv−01720−KOB(Ahnert, Janell) (Entered: 11/02/2005)

11/02/2005 11/03/2005
11/08/2005 11/08/2005 11/08/2005
11/08/2005 11/09/2005 11/10/2005 11/10/2005
12/06/2005 12/12/2005
12/12/2005 12/13/2005 12/16/2005 12/16/2005 12/16/2005

17 Brief re 17 MOTION to Stay re 7 MOTION to Dismiss or, in the Alternative, Stay of Proceedings. Associated Cases: 1:05−cv−01704−KOB,1:05−cv−01720−KOB(Ahnert, Janell) (Entered: 11/02/2005)
ORDER denying the defendant's motion to stay action pending defendant's motion to dismiss or stay proceedings 17 . Signed by Judge Karon O Bowdre on 11−03−05. Associated Cases: 1:05−cv−01704−KOB,1:05−cv−01720−KOB(PCL, ) (Entered: 11/03/2005)
18 MOTION to exclude all evidence relating to conciliation. Associated Cases: 1:05−cv−01704−KOB,1:05−cv−01720−KOB(Barrett, Mason) (Entered: 11/08/2005)
19 NOT A DOCUMENT; ENTRY INCORRECTLY FILED; SEE ENTRY 22 by Equal Employment Opportunity Commission. Associated Cases: 1:05−cv−01704−KOB,1:05−cv−01720−KOB(Barrett, Mason) (Entered: 11/08/2005)
20 RESPONSE in Opposition re 7 MOTION to Dismiss or, in the Alternative, Stay of Proceedings filed by Equal Employment Opportunity Commission. (Attachments: # 1 Affidavit Guerrier# 2)Associated Cases: 1:05−cv−01704−KOB,1:05−cv−01720−KOB(Barrett, Mason) (Entered: 11/08/2005)
21 REPLY to re 16 , 14 Adams Plaintiffs' Response to Show Cause Order filed by Tyson Foods, Inc.. Associated Cases: 1:05−cv−01704−KOB,1:05−cv−01720−KOB(Ahnert, Janell) (Entered: 11/08/2005)
22 Brief re 18 MOTION to Strike 7 MOTION to Dismiss or, in the Alternative, Stay of Proceedings filed by Equal Employment Opportunity Commission. Associated Cases: 1:05−cv−01704−KOB,1:05−cv−01720−KOB(Guerrier, Charles) (Entered: 11/09/2005)
23 Opposition to re 18 Plaintiff's Motion to Exclude All Evidence Relating to Conciliation filed by Tyson Foods, Inc.. Associated Cases: 1:05−cv−01704−KOB,1:05−cv−01720−KOB(Ahnert, Janell) (Entered: 11/10/2005)
24 MOTION for Leave to File Reply in Support of Defendant?s Motion to Dismiss or, in the Alternative Stay Proceedings by Tyson Foods, Inc.. (Attachments: # 1 Exhibit A−−Defendant's Reply in Support of Defendant?s Motion to Dismiss or, in the Alternative Stay Proceedings# 2 Text of Proposed Order)Associated Cases: 1:05−cv−01704−KOB,1:05−cv−01720−KOB(Ahnert, Janell) (Entered: 11/10/2005)
25 REPORT of Rule 26(f) Planning Meeting. Associated Cases: 1:05−cv−01704−KOB,1:05−cv−01720−KOB(Clark, Kevin) (Entered: 12/06/2005)
26 MOTION for Limited Admission to Permit Adam Stofsky to Appear by Henry Adams, Letrek Beavers, Avery Garrett, Howard Garrett, Willie Griffin, Conrad Scales, Willie Sillmon, Michael Smoot, Clay Thomas, Leon Walker, Jather Whetstone, Bobby Welch, Vincent Young. Associated Cases: 1:05−cv−01704−KOB,1:05−cv−01720−KOB(Clark, Kevin) (Entered: 12/12/2005)
PHV Fee paid: $ 50, receipt number 200 221468 re Adam Stofsky Associated Cases: 1:05−cv−01704−KOB,1:05−cv−01720−KOB(KLL, ) (Entered: 12/13/2005)
ORDER granting 26 Motion for Admission Pro Hac Vice of Adam Stofsky. Signed by Judge Karon O Bowdre on 12/13/2005. (JWT, ) (Entered: 12/13/2005)
27 Evidentiary Material EEOC Charges and associated documents per standing order. Associated Cases: 1:05−cv−01704−KOB,1:05−cv−01720−KOB(Guerrier, Charles) (Entered: 12/16/2005)
28 NOTICE by Equal Employment Opportunity Commission re 28 Evidentiary Material EEOC Charges etc Associated Cases: 1:05−cv−01704−KOB,1:05−cv−01720−KOB(Guerrier, Charles) (Entered: 12/16/2005)
29 SCHEDULING ORDER:Pla deadline to Amend Pleadings/join additional parties 2/15/2006, dft deadline to amend pleadings/join additional parties 3/3/06; Discovery due by 6/16/2006; Dispositive Motions due by 7/17/2006 and must comply w/Appendix II located on court's website; pretrial conference set for 10/27/06 in judge's chambers; joint status report by parties due by 4/17/06. Signed by Judge Karon O Bowdre on 12/16/05. Associated Cases: 1:05−cv−01704−KOB,1:05−cv−01720−KOB(KLL, ) (Entered: 12/16/2005)

12/16/2005 01/12/2006 01/27/2006 01/27/2006 02/10/2006 02/13/2006 02/23/2006 02/28/2006 02/28/2006 02/28/2006 02/28/2006
02/28/2006 03/06/2006
03/08/2006 03/09/2006 03/09/2006

30 NOTICE by Henry Adams and Filing of Plaintiffs' Initial Disclosures Associated Cases: 1:05−cv−01704−KOB,1:05−cv−01720−KOB(Davies, George) (Entered: 12/16/2005)
31 NOTICE of Appearance by Brandy Reshaun Owens on behalf of Member Filer Associated Cases: 1:05−cv−01704−KOB,1:05−cv−01720−KOB(Owens, Brandy) (Entered: 01/12/2006)
32 MOTION to Withdraw as Attorney of Esther G. Tamburo by Tyson Foods, Inc.. Associated Cases: 1:05−cv−01704−KOB,1:05−cv−01720−KOB(Livingston, Donald) (Entered: 01/27/2006)
ORDER granting 33 Motion of Esther G. Tamburo to Withdraw as Attorney filed in CV−05−1704−E. Signed by Judge Karon O Bowdre on 01/27/2006. Associated Cases: 1:05−cv−01704−KOB,1:05−cv−01720−KOB(JWT, ) (Entered: 01/27/2006)
33 NOTICE by Member Filer Plaintiffs' First Supplemental Disclosures Associated Cases: 1:05−cv−01704−KOB,1:05−cv−01720−KOB(Owens, Brandy) (Entered: 02/10/2006)
34 MOTION for Protective Order by Tyson Foods, Inc.. (Attachments: # 1 Text of Proposed Order)Associated Cases: 1:05−cv−01704−KOB,1:05−cv−01720−KOB(Ahnert, Janell) (Entered: 02/13/2006)
35 NOTICE of Appearance by Mitchell David Greggs on behalf of Member Filer Associated Cases: 1:05−cv−01704−KOB,1:05−cv−01720−KOB(Greggs, Mitchell) (Entered: 02/23/2006)
ORDER denying [19 in lead case 1:05cv1704] the motion of the Equal Employment Opportunity Commission to Exclude all Evidence Relating to Conciliation. Signed by Judge Karon O Bowdre on 02−29−06. Associated Cases: 1:05−cv−01704−KOB,1:05−cv−01720−KOB(PCL, ) (Entered: 02/28/2006)
36 ORDER TO SHOW CAUSE: Plas' are to Show Cause by 3/14/2006 why dft's motion for protective order should not be granted. Signed by Judge Karon O Bowdre on 2/28/06. Associated Cases: 1:05−cv−01704−KOB,1:05−cv−01720−KOB(KLL, ) (Entered: 02/28/2006)
ORDER granting the defendant's motion for leave to file a reply 25 . The defendant is DIRECTED to file the reply attached as an exhibit to the motion for leave. Signed by Judge Karon O Bowdre on 02−28−06. Associated Cases: 1:05−cv−01704−KOB,1:05−cv−01720−KOB(PCL, ) (Entered: 02/28/2006)
ORDER Setting Hearing on Defendant Tyson Food's Motion to Dismiss or, in the Alternative, Motion to Stay Proceedings for April 17, 2006 at 10:00 AM in Courtroom 5A before Judge Karon O Bowdre. Signed by Judge Karon O Bowdre on 02−28−06. Associated Cases: 1:05−cv−01704−KOB,1:05−cv−01720−KOB(PCL, ) (Entered: 02/28/2006)
37 REPLY to re 25 , 7 , 8 , in Support of Defendant's Motion to Dismiss or, in the Alternative Stay Proceedings filed by Tyson Foods, Inc.. Associated Cases: 1:05−cv−01704−KOB,1:05−cv−01720−KOB(Ahnert, Janell) (Entered: 02/28/2006)
38 NOTICE of Appearance by Terrence W McCarthy on behalf of Henry Adams, Letrek Beavers, Avery Garrett, Howard Garrett, Willie Griffin, Conrad Scales, Michael Smoot, Clay Thomas, Leon Walker, Jather Whetstone, Bobby Welch, Vincent Young Associated Cases: 1:05−cv−01704−KOB,1:05−cv−01720−KOB(McCarthy, Terrence) (Entered: 03/06/2006)
39 MOTION for Leave for Nilufer Loy to Appear Pro Hac Vice by Tyson Foods, Inc.. (Attachments: # 1 # 2)Associated Cases: 1:05−cv−01704−KOB,1:05−cv−01720−KOB(Ivey, Wyndall) (Entered: 03/08/2006)
40 JOINT MOTION to Stay by Tyson Foods, Inc.. Associated Cases: 1:05−cv−01704−KOB,1:05−cv−01720−KOB(Ivey, Wyndall) (Entered: 03/09/2006)
Currently pending before the court is the parties' Joint Motion for Stay of Proceedings (Doc #41, filed in lead case 1:05cv1704). The court GRANTS the motion and DIRECTS the parties to file a report regarding the status of mediation within thirty

03/09/2006 03/10/2006 03/14/2006 03/15/2006 04/10/2006 05/08/2006 05/09/2006 05/24/2006 06/14/2006 06/20/2006
06/26/2006 07/26/2006 07/27/2006

(30)days of the entry of this order. Consequently, the hearing scheduled for April 17, 2006 is CANCELLED. Signed by Judge Karon O Bowdre on 03−09−06. Associated Cases: 1:05−cv−01704−KOB,1:05−cv−01720−KOB(PCL, ) (Entered: 03/09/2006)
PHV Fee paid: $ 50, receipt number 200 224168 re Nilufer Loy Associated Cases: 1:05−cv−01704−KOB,1:05−cv−01720−KOB(KLL, ) (Entered: 03/10/2006)
ORDER granting 40 Motion for Leave for Nilufer Loy to Appear (filed in CV−05−1704−E. Signed by Judge Karon O Bowdre on 03/10/2006. Associated Cases: 1:05−cv−01704−KOB,1:05−cv−01720−KOB(JWT, ) (Entered: 03/10/2006)
41 NOTICE of deferred filing by Equal Employment Opportunity Commission re 37 Order to Show Cause Associated Cases: 1:05−cv−01704−KOB,1:05−cv−01720−KOB(Guerrier, Charles) (Entered: 03/14/2006)
42 NOTICE of Joinder re 42 Notice of deferred filing by Henry Adams, Letrek Beavers, Avery Garrett, Howard Garrett, Willie Griffin, Conrad Scales, Michael Smoot, Clay Thomas, Leon Walker, Jather Whetstone, Bobby Welch, Vincent Young Associated Cases: 1:05−cv−01704−KOB,1:05−cv−01720−KOB(Greggs, Mitchell) (Entered: 03/15/2006)
43 STATUS REPORT Joint Report on Status of Mediation by Clay Thomas. Associated Cases: 1:05−cv−01704−KOB,1:05−cv−01720−KOB(Prater, Harlan) (Entered: 04/10/2006)
44 Joint MOTION to Stay proceedings an additional 60 days Henry Adams, Letrek Beavers, Avery Garrett, Howard Garrett, Willie Griffin, Conrad Scales, Michael Smoot, Clay Thomas, Leon Walker, Jather Whetstone, Bobby Welch, Vincent Young, Equal Employment Opportunity Commission, Tyson Foods, Inc.. Associated Cases: 1:05−cv−01704−KOB,1:05−cv−01720−KOB(Smith, David) (Entered: 05/08/2006)
ORDER granting 45 (filed in lead case 1:05cv1704) Motion to Stay Proceedings for 60 days. No additional extensions will be granted. Parties are to file joint status report within 30 days which should reflect additional mediation sessions conducted by that date.Signed by Judge Karon O Bowdre on 05/09/2006. Associated Cases: 1:05−cv−01704−KOB,1:05−cv−01720−KOB(JWT, ) (Entered: 05/09/2006)
45 NOTICE of Appearance by Charles Guerrier on behalf of Equal Employment Opportunity Commission Associated Cases: 1:05−cv−01704−KOB,1:05−cv−01720−KOB(Guerrier, Charles) (Entered: 05/24/2006)
46 ORDER TO SHOW CAUSE: parties are to Show Cause by 6/21/2006 why the stay should not be lifted given the parties' failure to provide the court with a joint status report regarding the status of mediation. Signed by Judge Karon O Bowdre on 6/14/06. Associated Cases: 1:05−cv−01704−KOB,1:05−cv−01720−KOB(KLL, ) (Entered: 06/14/2006)
47 STATUS REPORT (Joint Report on Status of Mediation and Joint Motion for Leave to File Status Report) by Henry Adams, Letrek Beavers, Avery Garrett, Howard Garrett, Willie Griffin, Conrad Scales, Michael Smoot, Clay Thomas, Leon Walker, Jather Whetstone, Bobby Welch, Vincent Young, Equal Employment Opportunity Commission, Tyson Foods, Inc.. Associated Cases: 1:05−cv−01704−KOB,1:05−cv−01720−KOB(Clark, Kevin) (Entered: 06/20/2006)
ORDER granting leave to file status report included in Joint Report of Status of Mediation (doc. 47 filed in 05−1704); Joint Status Report is due July 26, 2006 or upon completion of mediation, whichever comes first. Signed by Judge Karon O Bowdre on 06−26−2006. Associated Cases: 1:05−cv−01704−KOB,1:05−cv−01720−KOB(JWT, ) (Entered: 06/26/2006)
48 STATUS REPORT (Joint Report on Status of Mediation) by Henry Adams, Letrek Beavers, Avery Garrett, Howard Garrett, Willie Griffin, Conrad Scales, Michael Smoot, Clay Thomas, Leon Walker, Jather Whetstone, Bobby Welch, Vincent Young, Equal Employment Opportunity Commission, Tyson Foods, Inc.. Associated Cases: 1:05−cv−01704−KOB,1:05−cv−01720−KOB(Clark, Kevin) (Entered: 07/26/2006)
ORDER At the request of the mediator, the stay in this case is continued another 30 days until August 28, 2006. Signed by Judge Karon O Bowdre on 07/27/06. Associated

08/29/2006 08/31/2006
08/31/2006 10/05/2006 10/18/2006 10/19/2006
10/26/2006

Cases: 1:05−cv−01704−KOB,1:05−cv−01720−KOB(JWT, ) (Entered: 07/27/2006)
49 STATUS REPORT Joint Report on Status of Mediation by Tyson Foods, Inc.. (Attachments: # 1 Exhibit A)Associated Cases: 1:05−cv−01704−KOB,1:05−cv−01720−KOB(Prater, Harlan) (Entered: 08/29/2006)
ORDER dismissing [] Motion to Stay, dismissing 35 Motion for Protective Order, dismissing 7 Motion to Dismiss. Each of these motions is dismissed without prejudice, with leave to refile following conclusion of mediation . Signed by Judge Karon O Bowdre on 08−31−06. Associated Cases: 1:05−cv−01704−KOB,1:05−cv−01720−KOB(EKM, ) (Entered: 08/31/2006)
50 ORDER granting the parties' request to extend the stay in this case. Therefore, the court orders this case be STAYED until 9/18/06; NO FURTHER EXTENSIONS WILL BE GRANTED. Signed by Judge Karon O Bowdre on 8/31/06. Associated Cases: 1:05−cv−01704−KOB,1:05−cv−01720−KOB(KLL, ) (Entered: 08/31/2006)
51 ORDER: Proposed Pretrial Order due by 10/20/2006. Pretrial Conference set for 10/27/2006 11:00 AM before Judge Karon O Bowdre. Instructions attached as further set out in this Order. Signed by Judge Karon O Bowdre on 10/05/06. Associated Cases: 1:05−cv−01704−KOB,1:05−cv−01720−KOB(SMH2, ) (Entered: 10/05/2006)
52 MOTION for Extension of Time Unopposed Motion to Extend Proposed Pretrial Order Deadline by Tyson Foods, Inc.. Associated Cases: 1:05−cv−01704−KOB,1:05−cv−01720−KOB(Smith, David) (Entered: 10/18/2006)
ORDER granting 53 Defendant's Unopposed Motion for Extension of Time . Upon representation by the parties that a settlement is imminent in this case, the court gives the parties until 4 p.m. on October 26, 2006 to submit their proposed pretrial order. Signed by Judge Karon O Bowdre on 10−19−06. Associated Cases: 1:05−cv−01704−KOB,1:05−cv−01720−KOB(EKM, ) (Entered: 10/19/2006)
53 ORDER DISMISSING CASE: Settlement reached; Case dismissed w/out prejudice as further set out in this order. Signed by Judge Karon O Bowdre on 10/26/06. Associated Cases: 1:05−cv−01704−KOB,1:05−cv−01720−KOB(SMH2, ) (Entered: 10/26/2006)