IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLI~

Plaintiff,
CENTEX-ROONEY CONSTRUCTION COMPANY, INC.,
Defendant.

) 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 religion and to provide appropriate relief to Earnestine Pierce, who was adversely affected by such practices. Specifically, the U.S. Equal Employment Opportunity Commission (the "Commission") contends that Defendant Centex-Rooney Construction Company, Inc. ("Defendant") failed to accommodate Ms Pierce’s religious beliefs and discharged her, or in the alternative failed to hire her, because of her religion, Christian (Pentecostal Holiness).
JURISDICTION AND VENUE 1. Jurisdiction ofthis Court is invoked pursuant to 28 U.S.C. §§451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1) and (3) ("Title VII") and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.

2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Middle District of North Carolina.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission, is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by Section 706(0(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3). 4. At all relevant times, Defendant Centex-Rooney Construction Company, Inc., has been a Florida corporation doing business in the State of North Carolina and the City of Laurinburg, and has continuously had at least fifteen (15) employees. 5. At all relevant times, Defendant Centex-Rooney Construction Company, Inc., has been an employer engaged in an industry affecting commerce under Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Eamestine Pierce filed a charge with the Commission alleging violations of Title VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. In or around January 2003, Defendant engaged in unlawful employment practices at its Laurinburg, North Carolina work site in violation of Section 703(a)(1) of Title VII, 42 U.S.C. §2000e-2(a)(1) by failing to provide Earnestine Pierce a reasonable accommodation of her religious beliefs and discharging or failing to hire her because of her religious beliefs and practices. Specifically, Ms. Pierce, who is a Christian (Pentecostal Holiness), holds a sincere religious belief

that she should not wear pants, but rather should wear skirts or dresses. On or about January 28, 2003, Ms. Pierce was hired to work for Defendant as a laborer at one of Defendant’s work sites in Laurinburg. After learning that Defendant required all its employees at the site to wear pants, Ms. Pierce informed Defendant of her sincere religious belief that she could not wear pants and requested that she be allowed to work in a skirt or dress. Despite Ms. Pieree’s request, Defendant refused to allow Ms. Pierce to work at the site in a skirt or dress, and terminated Ms. Pierce’s employment because she refused to wear pants. Consequently, Ms. Pierce was denied a reasonable religious accommodation and discharged, or in the alternative was denied hire, because of her religious beliefs and practices.
8. The effect of the practices complained of in paragraph 7 above has been to deprive Ms. Pierce of equal employment opportunities and otherwise adversely affect her status as an employee because of her religion, Cbxistian (Pentecostal Holiness).
The unlawful employment practices complained of in paragraph 7 above were intentional.
10. The unlawful employment practices complained of in paragraph 7 above were done with malice or with reckless indifference to the federally protected rights of Ms. Pierce.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns, and all persons in active concert or participation with it, from discriminating against current or future employees based on their religious beliefs.

B. Order Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for employees who require religious accommodation for their sincerely held religious beliefs, and which eradicate the effects of its past and present unlawful employment practices.
C. Order Defendant to make whole Earnestine Pierce by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of the unlawful employment practices described in paragraph 7 above, including but not limited to reinstatement or front pay.
D. Order Defendant to make whole Eamestine Pierce by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, including but not limited to job search expenses, in amounts to be determined at trial.
E. Order Defendant to make whole Earnestine Pierce by providing compensation for past and future non-pecuniary losses resulting from its unlawful employment practices complained of in paragraph 7 above, including but not limited to emotional pain, suffering, inconvenience, loss of civil rights, loss of enjoyment of life, and humiliation, in amounts to be determined at trial.
F. Order Defendant to pay Earnestine Pierce punitive damages for its malicious and reckless conduct described in paragraph 7 above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest. H. Award the Commission its costs of this action.
4

DATED this ~__~l~lay of ~~e(’, 2004.
Respectfully submitted, ERIC S. DREIBAND General Counsel JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, N.W.
Acting Regional Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Charlotte District Office 129 West Trade Street, Suite 400 Charlotte, North Carolina 28202 (704) 344-6875 ATTORNEYS FOR PLAINTIFF

 
 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

CENTEX-ROONEY CONSTRUCTION

)

COMPANY, INC.,

)

)

Defendant.

)

--------------------------)

CIVIL ACTION NO. 1:04-CV-853
CONSENT DECREE

The Equal Employment Opportumty CommIssIOn (the "CommIssIOn") InstItuted thIS

actIon pursuant to SectIon 706(1)(1) and (3) of Title VII of the ClVlI RIghts Act of 1964, as

amended, 42 USC SectIOn 2000e-5(1)(1) and (3) ("TItle VII"), and SectIon 102 of the CIvIl

RIghts Act of 1991, 42 USC § 1981a

The CommIssIon and Defendant Centex Rooney ConstruclIon Company, Inc (now

DIVISIOn 1of Centex ConstructIon, LLC, whIch DIvlSlon IS herem referred to as the "Company")

hereby stIpulate to JunsdIctlOn of the Court over the partIes and agree that the subJect matter of

thIS actIOn IS properly before the Court

The Company does not admIt that It has engaged In any Improper conduct The

Company has speCIfically demed In Jts An;wer that Jt has engaged m those Improper

employment practIces alleged In the ComplaInt All partIes agree that entry of thIS Consent

Decree does not constttute any findIng as to or admISSIOn of IlabIhty for any Improper conduct,

and that thIS Decree shall not, under any CIrcumstances, be construed or deemed to be eVIdence

of any wrongdoIng, fault or ItabIhty on the part of the Company

CLT 873986v 10
Case 1:04-cv-00853-WLO Document 14 Filed 09/21/2005 Page 1 of 6

The parties have advised this Court that they desire to resolve the allegations In the

Complaint without the burden, expense, and delay of further lItigatIOn

It IS therefore the finding of this Court, made on the pleadmgs and the record as a whole,

that (1) the Court hasjunsdlctlOn over the parties and the subject matter of this action, (2) the

purpose and provisIons of Title Vll will be promoted and effectuated by the entry oflhe Consent

Decree, and (3) thiS Decree fully and finally resolves all matters In controversy between the

Company, Its predecessor (Centex Rooney Construction Company, Inc) and Centex

ConstruclIon LLC, on the one hand, and the COnUniSSlOn, on the other hand, as prOVided In

paragraphs I through 13 below and subject to the Court's retention of jUnSdlclIon as stated

herein

It IS therefore ORDERED, ADJUDGED AND DECREED as follows

The Company shall not dlscnmmate against any person on the baSIS of rehglon

Wlthm the meanmg of Title VII of the CIVIl Rights Act of 1964

2

The Company shall not dlscnmmate or retaliate agamst any person because of

oppositIOn to any practice made unlawful under Title VII of the CIVil RIghts Act of 1964 or

because of the filing of a charge, the giVing of teslImony or assistance, or the partICipatIOn In any

mvestlgatIon, proceedmg or hearmg under that statute

3

The Company shall cause a check or bank draft to be Issued to Ernestme Pierce

for the sum of fifteen thousand dollars ($15,000 00) m full and complete settlement of all claims

raised In thiS actIOn, subject to the Issuance of a fonn 1099 ThiS payment shall be maIled to

Ernestme Pierce by Certified Mall wlthm fifteen (15) days after the Court approves thiS Decree,

at an address to be proVided by the Commission, WIth a copy and proof of payment to Lynette A

Barnes, Actmg Regional Attorney, Equal Employment Opportunity CommiSSIOn, 129 W Trade

2
CI T 873986v 10
Case 1:04-cv-00853-WLO Document 14 Filed 09/21/2005 Page 2 of 6

Street, SUIte 400, Charlotte N C ,28202 A separate release agreement between the Company

and Ernestme Pierce IS attached as Exhibit A

4

The Company confirms It does not have any personnel records relatmg to

Ernestme Pierce

5

Within forty (40) days of the entry of this Decree by the Court, the Company shall

Include m lis written antl-dlscnmmatlOn policIes an explanatIOn of the reqUirements of the

federal equal employment opportumty laws, Includmg Title VII and ItS prohibitIOn against

religIOus dlscnmmatlOn, and a procedure for employees to make requests for reasonable

accommodation ofthetr smcerely held religIOus beitel's as necessary to eltmmate a conflict wIth

any of the Company's work requirements Within sixty (60) days of the entry of this decree, the

Company shall dlstnbute the above poliCies to tts eXlstmg employees and post the poliCIes on the

appropnate bulletin board at all Company facllittes and worksttes Wlthm seventy-five (75) days

of the entry of thIS Decree, the Company shall confirm that It has done so wIth the Commission

If the posted pohcles become defaced or unreadable, the Company will replace them by posting

another copy Durmg the term of this Decree, the Company shall dlstnbute the above antl-

dlscnmmatlOn poliCies to all newly hued employees and provide for review of these poliCIes

with said new hires at the lime of htre

6

DUring the term of this Decree, the Company shall mclude m ItS eXlstmg trammg

programs for all of tts managers, supervisors and employees an explanatIOn of the reqUIrements

of Title VII of the CIVIl Rlghts Act of 1964 as It pertains to religIOUS dlscnmlnatlOn and

accommodatIOn m the workplace, and an explanatIOn of the Company's poltcles referenced In

paragraph 5 above and the rights and responsIbilities of employees and managers under the

poliCies as It pertams to religIOUS dlscnmmatlOn and accommodation m the workplace The first

tramlng program shall be completed wtthm one hundred and twenty (120) days after the entry of

3 (I T 873986vl0

Case 1:04-cv-00853-WLO Document 14 Filed 09/21/2005 Page 3 of 6

the Decree by the Court Subsequent trammg programs dunng the term of thIs Decree shall be

conducted at approxImately one (I) year mtervals Wlthm thIrty (0) days of each trammg

program, the Company shall confirm to the CommIssIon the specific trammg whIch was

undertaken and shall provIde the CommIssIOn WIth an agenda for the tramlng and a roster of all

employees In attendance

7. Begmnmg wlthm thIrty (30) days after the entry of thIs Decree by the Court, and

continuing for a penod of eIghteen (18) months. the Company shall conspIcuously post the

attached Employee NotIce, marked ExhIbIt B, hereby made a part of thIS Decree, In a place

where illS vIsIble to employees at ItS faclitues and worksltes Within forty (40) days of entry of

thiS Decree by the Court, the Company shall noufy the CommIssIOn that the NotIce has been

posted Ifthe Notice becomes defaced or unreadable, the Company shall replace It by postmg

another copy of the Notice

8

Dunng the term of this Consent Decree, the Company shall proVIde the

CommIssIOn With reports at SIX (6) month Intervals, With the first bemg due four (4) months after

approval by the Court of this Decree The reports WIll mclude the followmg Information

A the Idenl1l1es of all applicants for a pOSItIon With the Company and employees of the Company, both temporary and permanent, who have made a request to the Company for a rehglOus acconunodatlOn under Title VII of the CIVIl Rights Act of 1964, Includmg by way of IdenlIfical10n each person's name, pOSItIon held or sought, and last known address or telephone number, If reasonably available,

B for each mdlvldualldentlfied In 8 A above, a statement concernIng the nature of the accommodalion request and whether the request was granted,

C for all requests for rehglOus accommodatIon that were demed, a detaIled explanatIOn why the request was demed, and

D the Idenl1ty of each person mvolved m any deCISIOn to deny a request for a religiOUS accommodatIOn, IncludIng by way of IdentIfication, the person's name, address, telephone number and position With the Company

4
u r 873986v I0

Case 1:04-cv-00853-WLO Document 14 Filed 09/21/2005 Page 4 of 6

In the event there IS not aclIvlty to report pursuant to this paragraph, the Company shall

send the Commission a "negative" report indicating no aclIvlty

9

If anytime during the term of thiS Decree, the Commission believes that the

Company IS In VIOlatIOn of the Decree, the CommissIOn can, upon 24 hours nollce to the

Company (a) Inspect the Company's facililles and worksltes, (b) examine and review

documents In the possession or under the control of the Company, and (c) obtaIn names,

addresses and phone numbers of all employees of the Company Identified by the Commission as

potentially havIng knowledge relevant to the alleged VIOlatIOn The Commission agrees that It

WIll not contact managenal employees of the Company without 48 hours advance nollce to the

Company which WIll allow an opportumty for a Company representative to be present dunng

such contact If thereafter, the CommiSSIOn contInues to believe that the Company IS In VIOlatIOn

of the Decree, the Commission shall give notIce of the alleged VIOlation to the Company through

the Company's General Counsel The Company shall have fifteen (15) days In which to

investigate and respond to the allegatIOns The parties shall then have a period of fifteen (15)

days or such addItIOnal period as may be agreed upon by them, In which to engage In negotiation

and conCIlIatIOn regardIng such allegatIOns before the Commission exercises any remedy

provided by law

10 The term of thiS Decree shall be for three (3) years from Its entry by the Court

II All reports or other documents sent to the Commission by the Company pursuant

to tlus Decree shall be sent to Lynette A Barnes, Acting RegIOnal Attorney, at the Equal

Employment Opportumty CommissIOn, 129 W Trade Street, SUite 400, Charlotte N C, 28202

12 Each party shall bear ItS own costs and attorneys' fees

13 ThiS Court shall retain JunsdlclIon of thiS cause for purposes of momtonng

compliance WIth thiS Decree and entry of such further orders as may be necessary or appropnate

5 lLT873986vlO

Case 1:04-cv-00853-WLO Document 14 Filed 09/21/2005 Page 5 of 6

~Wo?ldtID

Date

I

~~~".L.-..L.e-:L~ Dlstnct Court Dlstnct of North Carolina

The parties Jomtly request that the Court approve and enter the Consent Decree

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff

ERlC S DREIBAND General Counsel

JAMES L LEE Deputy General Counsel

~}'wENUQL YN YOUNG REAMS

Actmg RegIonal Attorney
~i9&*D~ Tnal Attorney KARA GIBBON HADEN Semor TnaI Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Charlotte Dlstnct Office 129 West Trade Street, SUIte 400 Charlotte, N C 28202 Tel (704) 344-6875

CENTEX ROONEY CONSTRUCTION COMPANY,INC-,

CY

OOD

KENDRA W THORNTON

PARKER, POE, ADAMS & BERNSTEIN L L P

40 I South Tryon Street. SUIte 3000

Charlotte, N C 28202

reI (704) 335-9844

6
Cl T 873986v I0

Case 1:04-cv-00853-WLO Document 14 Filed 09/21/2005 Page 6 of 6

 
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18AG, CASREF, CLOSED
U.S. District Court North Carolina Middle District (Durham) CIVIL DOCKET FOR CASE #: 1:04-cv-00853-WLO

EEOC v. CENTEX-ROONEY Assigned to: JUDGE WILLIAM L. OSTEEN Demand: $0 Cause: 42:2000 Job Discrimination (Religion)
Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Date Filed: 09/20/2004 Date Terminated: 09/21/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by ERIC S. DREIBAND EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L ST., N.W. WASHINGTON, DC 20507 202-263-4771 LEAD ATTORNEY ATTORNEY TO BE NOTICED
GWENDOLYN YOUNG REAMS EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L ST., N.W. WASHINGTON, DC 20507 202-263-4771 LEAD ATTORNEY ATTORNEY TO BE NOTICED
JAMES L. LEE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L ST., N.W. WASHINGTON, DC 20507 202-263-4771 LEAD ATTORNEY ATTORNEY TO BE NOTICED
JESSICA DIXON EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 129 W. TRADE ST., STE. 400 CHARLOTTE, NC 28202 704-344-6875 Fax: 704-344-6780 LEAD ATTORNEY ATTORNEY TO BE NOTICED

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V.
Defendant CENTEX-ROONEY CONSTRUCTION COMPANY, INC.

Date Filed

#

KARA GIBBON HADEN EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 129 W. TRADE ST., STE. 400 CHARLOTTE, NC 28202 704-344-6887 Fax: 704-344-6780 Email: kara.haden@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
LYNETTE A. BARNES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 129 W. TRADE ST., STE. 400 CHARLOTTE, NC 28202 704-344-6878 Fax: 704-344-6780 Email: lynette.barnes@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by JENNIFER M. GOLDENBERG PARKER POE ADAMS & BERNSTEIN THREE WACHOVIA CTR. 401 S. TRYON ST., STE. 3000 CHARLOTTE, NC 28202 704-372-9000 LEAD ATTORNEY ATTORNEY TO BE NOTICED
STACY K. WOOD PARKER POE ADAMS & BERNSTEIN THREE WACHOVIA CTR. 401 S. TRYON ST., STE. 3000 CHARLOTTE, NC 28202 704-335-9844 Fax: 704-335-9698 Email: stacywood@parkerpoe.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Docket Text

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09/20/2004 09/20/2004 11/04/2004 11/24/2004 11/24/2004 12/14/2004 01/11/2005 01/13/2005 01/13/2005
01/13/2005 01/13/2005 01/13/2005 02/15/2005 03/13/2005 03/16/2005

**Case assigned to Magistrate Judge ELIASON. AO Code 18AG (E. Renteria) (Entered: 09/22/2004)
1 COMPLAINT filed; jury demand (E. Renteria) (Entered: 09/22/2004)
2 WAIVER OF SERVICE OF SUMMONS Returned Executed as to CENTEX-ROONEY on 9/30/04; Answer due on 11/29/04 for CENTEX-ROONEY. (K. Mckenzie) (Entered: 11/08/2004)
3 ANSWER to Complaint by CENTEX-ROONEY (Attorney STACY K. WOOD, JENNIFER M. GOLDENBERG) (K. Welch) (Entered: 11/26/2004)
CASE AT ISSUE (R. Winchester) (Entered: 11/30/2004)
4 NOTICE of Hearing: set Initial Pretrial Conference for 9:30 1/20/05 in WINSTON-SALEM #3 COURTROOM ( before MAG/JUDGE RUSSELL A. ELIASON ). Ccs. dist. (W. Williamson) (Entered: 12/14/2004)
CASE REFERRED to Mag/Jud Eliason re: proposed Jt. Rule 26(f) Report. (W. Williamson) (Entered: 01/11/2005)
CASE NO LONGER REFERRED to Judge. (K. Mckenzie) (Entered: 01/13/2005)
5 Joint Rule 26(f) Report and Order setting Discovery cutoff date as 6/30/05; Notice of Intent to file Dsp. Motions due by 7/10/05; complex case management; mediation should be conducted on or before 7/30/05, the exact date to be set by the mediator after consultation with the parties; the parties agree that the mediator shall be Jonathan Harkavy; parties shall be allowed until 30 days after approval of this report to amend or join additional parties or to amend pleadings; in the event Plaintiff joins additional parties or amends its pleadings, Defendant shall also have 30 days after service of any such amendments or joinder by Plaintiff to join any additional parties or amend its pleadings; parties have discussed consenting to the jurisdiction of a magistrate and they respectfully decline such jurisdiction; JURY TRIAL (signed by MAG/JUDGE RUSSELL A. ELIASON) ETT 2-3d [EOD Date 1/13/05]. Ccs. dist. (K. Mckenzie) (Entered: 01/13/2005)
Complex Case (K. Mckenzie) (Entered: 01/13/2005)
CASE SELECTED FOR MEDIATION (C. Gammon) (Entered: 01/28/2005)
Mediation Hearing set for no later than 7/30/05. The parties agree to Jonathan R. Harkavy as the mediator. (C. Gammon) (Entered: 01/28/2005)
6 ORDER Appointing Mediator JONATHAN R. HARKAVY (signed by Clerk) pursuant to LR 83.10d(a). Ccs. dist. [EOD Date 2/15/05] (C. Gammon) (Entered: 02/15/2005)
7 NOTICE of Hearing: Jury Trial set for 1/9/2006 09:30 AM; Trial Briefs, etc. due 12/20/05. (Winchester, Robin) (Entered: 03/13/2005)
8 NOTICE of Appearance by attorneys KARA GIBBON HADEN and JESSICA DIXON on behalf of Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (McKenzie, Keayba) (Entered: 03/18/2005)

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03/21/2005
03/25/2005 05/17/2005
05/19/2005 05/25/2005
06/23/2005 06/23/2005 06/28/2005
06/28/2005 07/28/2005 07/28/2005 07/28/2005 09/20/2005 09/21/2005 09/21/2005

9 JOINT MOTION for Protective Order by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, CENTEX-ROONEY CONSTRUCTION COMPANY, INC. (Attachments: # 1 Exhibit 1# 2 Exhibit A)(McKenzie, Keayba) (Entered: 03/23/2005)
MOTIONS 9 MOTION for Protective Order REFERRED to Judge Mag/Judge Eliason. (Blumke, Sheila) (Entered: 03/25/2005)
10 JOINT MOTION to Enlarge Discovery from 6/30/05 to 8/29/05 by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION and CENTEX-ROONEY CONSTRUCTION COMPANY, INC. (McKenzie, Keayba) (Entered: 05/19/2005)
MOTIONS 10 for Extension of Time to Complete Discovery REFERRED to Mag/Jd Eliason. (Winchester, Robin) (Entered: 05/19/2005)
11 ORDER Granting 10 Motion extending the Discovery period through 8/1/05 in order for the court to have time to rule on dispositive motions; Discovery due by 8/1/2005. Signed by Judge RUSSELL A. ELIASON on 5/25/05. (McKenzie, Keayba) (Entered: 05/25/2005)
Motions No Longer Referred to Mag/Jd Eliason: 9 MOTION for Protective Order (Winchester, Robin) (Entered: 06/23/2005)
MOTION 9 for Protective Order REFERRED to Judge Mag/Jd Eliason. (Winchester, Robin) (Entered: 06/23/2005)
12 ORDER Granting 9 Motion for Protective Order and entering Consent Protective Order Signed by Judge RUSSELL A. ELIASON on 6/28/05. (Attachments: # 1 Exhibit A) (McKenzie, Keayba) (Entered: 06/29/2005)
13 SUPPLEMENTAL PROTECTIVE ORDER Signed by Judge RUSSELL A. ELIASON on 6/28/05. (McKenzie, Keayba) (Entered: 06/29/2005)
REPORT OF MEDIATOR from Jonathan R. Harkavy - mediation hearing held 7/19/05. (Gammon, Cheryl) (Entered: 08/02/2005)
Case Reported Settled after Mediation (Gammon, Cheryl) (Entered: 08/02/2005)
Set Deadlines/Hearings: Stipulation of Dismissal due by 8/28/2005. (Gammon, Cheryl) (Entered: 08/02/2005)
CASE REFERRED to Judge WILLIAM L. OSTEEN. (Winchester, Robin) (Entered: 09/20/2005)
Case no longer referred to Judge Osteen (Welch, Kelly) (Entered: 09/21/2005)
14 CONSENT DECREE signed by Judge WILLIAM L. OSTEEN on 9/21/05 as set out; (Attachments: # 1 Exhibit A# 2 Exhibit B)(Welch, Kelly) (Entered: 09/21/2005)

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