Case 2:02-cv-01689-JCC Document 1 Filed 08/15/2002 Page 1 of 4
ORIGINAL

• I
111111111111111111111111111111111111111111111111111111111111

2 1111111111111111111111111111111111111111

3

CV 02-1689 #1

4

5

6
.......
j .:Ii 7 , 8
J~ 9 10

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRlCT OF WASHINGTON
AT SEATTLE

11 EQUAL EMPLOYMENT OPPORTUNITY

)

COMMlSSION,

)

12

)

PlamtIff,

)

CNIL ACTION NO

13 v.

~CVrD~~ 1689(

14

MEDICAL MANAGEMENT INTERNATIONAL, )

15 INC.,

)

)

ruRYTRlALDEMAND

16

Defendant

~

17

18

NATURE OF THE ACTION

19

TIns IS an action under Title VII of the ClVlI Rights Act of 1964 and Title I of the Civil

20 Rights Act of 1991 to correct unlawful employment practices on the basiS of sex and retaliatIOn and

21 to proVide appropnate rehefto Erin Harold and a group of sImilarly situated female employees ("the

22 class''). The Equal Employment Opportunity Commission alleges that defendants subjected Ms

23 Harold and the class to a sexually and gender-based hostile work environment. The EEOC further

24 alleges defendant subjected Ms Harold to disclplme when she complained ofthe harassment.

25 PlamtIff seeks monetary and injunctive rehef, mcluding pecuruary and nonpecuniary compensatory

26 damages and punitive damages, on behalf of Ms. Harold and the class.

27 III

COMPLAINT - PAGE 1

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office Federal Office Building
909 First Avenue, Suite 400 Seattle, Washington 98104·1061
Telephone (206) 220·6883 Fax (206) 220·6911 TOO (2D6) 220·6882

Case 2:02-cv-01689-JCC Document 1 Filed 08/15/2002 Page 2 of 4

1

JURISDICTION AND VENUE

2

1 JunSdlCtIon of this Court IS Invoked pmsuant to 28 U S.C. §§451, 1331, 1337, 1343

3 and 1345. TIns actIOn IS authonzed and Instituted pmsuant to sectIOns 706(f)(1) and (3) of Title VII

4 of the ClVlI RIghts Act of 1964, as amended, 42 U.S.C. sections 2000e-5(f)(I) and (3) ("Title VII"),

5 and Section 102 of the ClVlI RIghts Act ofl991, 42 U.S.C. §1981a.

6

2

The employment practices alleged to be unlawful were COnunltted WithIn the

7 Jurisdiction of the UnIted States Dlstnct Court for the District of Washington at Seattle

8

PARTIES

9

3. PlaIntiff, the Equal Employment OpportunIty COmmIssion (the "ConunisslOn"), IS the

10 agency of the UnIted States of Amenca charged WIth the adminIstratIOn, interpretation and

11 enforcement of Title VII, and IS expressly authonzed to bnng tins action by SectIOn 706(f)(1) of

12 Title VII, 42 U.S.C. §2000e-5(f)(I).

13

4. At all relevant times, defendants Medical Management InternatIOnal, Inc has been a

14 corporation contInuously doing bUSIness In the State of WashIngton and has continuously had at

15 least 15 employees.

16

5

At all relevant times, Medical Management InternatIOnal, Inc has contInuously been

17 an employer engaged In an Industry affectIng conunerce WithIn the meanmg of SectIOns 70 I (b), (g)

18 and (h) of Title VII, 42 USC. §§2000e-(b), (g) and (h).

19

STATEMENT OF CLAIMS

20

6. More than thrrty days pnor to the InstitutIOn of tins lawsuit, Enn Harold filed charges

21 WIth the Conunlsslon allegIng VIOlations of Title VlI by Medical Management InternatIOnal, Inc. All

22 conditIOns precedent to the InstitutIOn of thIs laWSUit have been fulfilled

23

7. BegInnIng on or before December 2000, defendant engaged in unlawful employment

24 practices at Its WoodInvIlle, Washington facility known as "Banfield, the Pet Hospital," In VIOlation

25 of §§ 703(a) and 704(a) ofTltle VII, 42 U S.C. §§ 2000e-2(a) and -3(a). Defendants affected the

26 tenns and conditions ofEnn Harold's and the class members' employment by subjectIng them to

27 ongoIng harassment based on sex. This Included both gender-based and sexual conduct and

COMPLAINT - PAGE 2

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office Federal Office BUilding
909 First Avsnue, Suite 400 seetHe, Washington 98104-1061
Telephone (206) 220-6883 Fax (206) 220-6911 TOO (206) 220-6882

Case 2:02-cv-01689-JCC Document 1 Filed 08/15/2002 Page 3 of 4

1 comments that defendant failed to remedy, mcludmg the followmg the facIlity's clnefvetermarian

2 makmg routme disparagmg comments about the abilihes of female employees, the faCilIty's chief

3 veterinarian using pervasive profanity around and ndiculmg the predommantly female subordinate

4 staff, the facility's clnefvetennanan making sexual comments about female anatomy and other

5 matters. Further, defendant disciplined Ms. Harold in retaliatIon for her complamts of

6 dlscnmmahon.

7

8 The effect of the practIces complamed ofm paragraph 7 above has been to depnve

8 Ms. Harold and the class of equal employment opporturutIes and otherwise adversely affect therr

9 starns as employees because of their sex or because of retaliatIOn.

10

9. The unlawful employment practices complamed of m paragraph 7 above were

II intentional

12

10. The unlawful employment practIces comp1amed ofm paragraph 7 above were done

13 With malice or With reckless mdlfference to the federally protected nghts of the class members.

14

PRAYER FOR RELIEF

15

Wherefore, the Commission respectfully requests that this Court:

16

A. Grant a permanent mJunctIon enJolmng each defendant, Its officers, successors,

17 agents, assigns, and all persons in active concert or participation with it, from engaging in any

18 employment practices which discriminate on the bases of sex and retaliation.

19

B. Order each defendant to mstltute and carry out poliCies, practices, and programs

20 which prOVIde equal employment opportunities for all employees, and wlnch eradicate the effects of

21 ItS past and present unlawful employment practices.

22

C. Order each defendant to make whole all class members by provldmg appropriate back

23 pay With prejudgment mterest, in amounts to be detennmed at trial, and other affinnatlve relief

24 necessary to eradicate the effects of ItS unlawful employment practices.

25

D. Order each defendant to make whole all class members by providmg compensation

26 for past and futIrre pecuniary losses resulhng from the unlawful employment practIces descnbed m

27 paragraph 7 above, mcludmg past and futIrre out-of-pocket expenses, m amounts to be detennined at

COMPLAINT - PAGE 3

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District OffIce
Federal Office Bulldlrlg 909 FJrst Avenue. Sutte 400 Seatlla, Washington 98104-1061
Telephone (206) 220·6883 Fax (206) 220--6911 TOO (2OS) 220-6882

•

Case 2:02-cv-01689-JCC Document 1 Filed 08/15/2002 Page 4 of 4

,1 ,tnal.

2

E. Order each defendant to make whole all class members by providing compensation

3 for past and future nonpecuniary losses resultmg from the unlawful practices complamed of in para-

4 graph 7 above, includmg Without hmltatlon emotional pain, suffering, and loss of enjoyment of life,

5 in amounts to be determined at trial,

6

p, Order each defendant to pay all class members punitive damages for Its malicious and

7 reckless conduct descnbed in paragraph 7 above, in amounts to be determined at trial.

8

G Grant such further relief as the Court deems necessary and proper in the public

9 interest.

10

H. Award the CommiSSIOn ItS costs of tlus action

11

JURY TRIAL DEMAND

12

The Commission requests a jury trial on all questions offact raised by Its complaint.

l3 14

A~vst DATED this ~ day of

,2002..

15 A. LUIS LUCERO, JR. RegIOnal Attorney
16 JOHN F. STANLEY
17 Acting Supervisory Trial Attorney

•

GWENDOLYN YOUNG REAMS

Associate General Counsel

18 WESLEY KATAHIRA Semor Trial Attorney
19

20
EQUAL EMPLOYMENT OPPORT 21 COMMISSION
Seattle Dlstnct Office 22 909 First Avenue, SUIte 400
Seattle, Washmgton 98104 23 Telephone (206) 220-6851

EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION Office of the General Counsel 1801 "L" Street, N.W. Washington, D.C. 20507

24

Attorneys for Plaintiff

25

26

27

COMPLAINT - PAGE 4

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION SeatHe District Office Federal Office BUIlding
909 First Avenue, SUIte 400 Seattle, Washington 98104-1061
Telephone (206) 22~B3 Fax (206) 220-6911 TOD (200) 220-6862

 
 Case 2:02-cv-01689-JCC Document 7 Filed 09/19/2002 Page 1 of 5
RECEIVED IN

SEP 19 2002
1
2 EEOC SEATTLE
1111111111111111111111111111111111111111111111111111111 1111111111111111111111111111111111111111
CV 02-01689 #00000007

CLERK

AT U S

SDE\SATTOTR~LC~WCAOSUHRINTGTON

,r<V

WESTfRN OIS1RIC1

DEPu"

7

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

8

AT SEATTLE

9 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
10

11

Plaintiff,

12

V.

No. CV02-1689C
DEFENDANT'S ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIMS TO PLAINTIFF'S COMPLAINT

13 MEDICAL MANAGEMENT INTERNATIONAL, INC,
14 Defendant.
15 For its Answer to the Complamt by the Equal Employment OpportJ.mJty
16 CommiSSIOn ("PlamtIff"), Defendant Medical Management InternatIOnal, Inc ("Defendant")
17 admIts, demes and alleges as follows
18 ANSWER
19 I.
20 The allegatIons in paragraph I are conclusIOns of law and do not require an
21 admISSIOn or demal by defendant. To the extent any factual allegatIons are Implied,
22
defendant demes them.
23
2
24
The allegations in paragraph 2 are conclusIOns oflaw and do not require an
25
admission or demal by defendant. To the extent any factual allegatlons are Imphed,
26

IGIN AL DEFENDANT'S ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIMS
TO PLAINTIFF'S COMPLAINT - Page l O R Tonkon Torp llP
888 SW FrfthAvsllue, Slllte 1600 Portland, Oregon 97204 503-221-1440

7

- - - - - - --- -----

•

Case 2:02-cv-01689-JCC Document 7 Filed 09/19/2002 Page 2 of 5

defendant demes them

2

3.

3

The allegations m paragraph 3 are conclusIOns of law and do not reqUire an

4 admiSSIOn or demal by defendant. To the extent any factual allegatIOns are implied,

5 defendant denies them

6

4

7

Defendant admits the allegations in paragraph 4.

8

5

9

The allegatIOns in paragraph 5 are conclusions of law and do not reqUlre an

10 admissIOn or denial by defendant To the extent any factual allegations are implied,

11 defendant demes them

12

6.

13

Defendant admits that more than thrrty days prior to the institution oftJus

14 lawsuit, Enn Harold filed charges with the Equal Employment Opporturuty CommiSSIOn

15 alleging vIOlations of Title VII by defendant Except as specifically adnutted, defendant

16 denies all remammg allegatIOns in paragraph 6

17

7

18

Defendant denies the allegations in paragraph 7.

19

8

20

Defendant demes the allegations III paragraph 8

21

9

22

Defendant demes the allegatIOns III paragraph 9

23

10

24

Defendant denies the allegations in paragraph 10

25 1/ /

26 / / /

DEFENDANT'S ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIMS
TO PLAINTIFF'S COMPLAINT - Page 2
Tonkon TOrpllP
688 sw Ftfth Avenue, SUite 1600
Portland, Oregon 97204 503-221·1440

Case 2:02-cv-01689-JCC Document 7 Filed 09/19/2002 Page 3 of 5

1

AFFIRMATIVE DEFENSES

2

First Affirmative Defense

3

(Mitigation)

4

11.

5

Ms. Harold and members of the alleged class have faded to rrutIgate their

6 damages

7

Second Affirmative Defense

8

(Failure to Utilize Reporting Procedures)

9

12.

10

Ms Harold and the alleged class unreasonably failed to take advantage of any

11 pUllltIve or correctIve opportunrtIes proVided by defendant, or to aVOid harm

12

Third Affirmative Defense

13

(Prompt Corrective Action)

14

13

15

Defendant exerCised reasonable care to prevent and promptly correct any alleged

16 harassmg behaVIOr

17

COUNTERCLAIM

18

(Attorney's Fees)

19

14.

20

Pursuant to 42 USC § 2000e-5(k), should defendant prevail agamst plamtJff,

21 defendant IS entitled to ItS reasonable attorney fees and costs.

22

WHEREFORE, havmg answered plamtdl's complamt, defendant prays for

23 relief as follows

24

1 That plaintIffs complaint be dismissed with prejudice and that defendant

25

recover ItS costs and disbursements herem,

26

2 For costs and attorney fees pursuant to all applicable federal law; and

DEFENDANT'S ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIMS
TO PLAINTIFF'S COMPLAINT - Page 3
Tonkon Torp lLP
66S SW Fifth AVEmue, Slide 1600 Portland, Oregon 97204 503-221-1440

J

Case 2:02-cv-01689-JCC Document 7 Filed 09/19/2002 Page 4 of 5

1

3 For any and all other relief as thiS Court deems just and eqwtable,

2

DATED tlns \C)tn day of September 2002.

3

Respectfully sublTIltted,

4

TONKON TORP LLP

5

~~ w~a#A:Z.f43~

6

By RiliardlOII1llti,A#

Attorney for Defendant

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

DEFENDANT'S ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIMS
TO PLAINTIFF'S COMPLAINT - Page 4
Tonkon TOTpLLP
888 SW Fifth Avenue, Suite 1600 Portland, Oregon 97204 503-221·1440

...

Case 2:02-cv-01689-JCC Document 7 Filed 09/19/2002 Page 5 of 5

CERTIFICATE OF SERVICE

2

I hereby certify that I served the foregolllg DEFENDANT'S ANSWER,

3 AFFIRMATIVE DEFENSES, AND COUNTERCLAIMS TO PLAINTIFF'S COMPLAINT

4 on'

5

A LUls Lucero, Jr , Regional Attorney

John F Stanley, Acting Supervisory Trial Attorney

6

Wesley Katahlra, Senior Tnal Attorney

7

Equal Employment Opportumty CommiSSIOn 909 First Avenue, SUlte 400

8

Seattle, WA 98104

9

Attomeys for Plamtiff

10

o by malling a copy thereof III a sealed, first-class postage prepaid envelope,

11 addressed to each attorney's last-known address and deposltmg in the U.S. mall at Portland,

12 Oregon on the date set forth below;

13

f8J by causmg a copy thereof to be hand-delivered to Sald attorneys at each

14 attorney's last-known office address on the date set forth below,

IS

D by sending a copy thereof via overnight courier in a sealed, prepaid

16 envelope, addressed to each attorney's last-known address on the date set forth below, or

17

O?L by faxing a copy thereofto each attorney at each attorney's last-known

18 facsimile number on the date set forth below

19

DATED tins 19 -to/! day of September 2002

20

21 22
23 007566\00224\476799 Vool

24 25
26
CERTIFICATE OF SERVICE - Page I

Tonkon TorpllP
aBa SW Fifth Avenue, Sulie 1600 PorUand, CXegon 97204
5O~221·1440

 
 Case 2:02-cv-01689-JCC Document 14 Filed 06/06/2003 Page 1 of 5

1

2

3

4

AT SEATTLE

CLERK U S DISTRICT COUR1"

5

WESTERN DISTRICT OF WASHINGTON

BY

DEPUTY

6

7

UNITED STATES DISTRICT COURT

8

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

9

10 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
11 PlaIntiffs,
12
v
13 MEDICAL MANAGEMENT
14 INTERNATIONAL, INC,

15

Defendant

16

) ) ) ) ) CASE NO CV 02-1689C ) ) (Proposed) STIPULATED ) PROTECTIVE ORDER ) ) ) ) )

17

18

IT IS HEREBY ORDERED, pursuant to Fed R ClV P 26(c), that the follOWIng

19

provIsIOns shall govern the handhng of confidential and propnctary mformation and documents

20

produced In thiS actIOn

21

II
22
II

1111111111111111111111111111111111111111111111111111111 iiilill iilli Iilli iliil illl iII iii IIlli 11I1 illi

23

cv 02 01689 #0000001 ~

"Confidential Matenal" Includes

24

STIPULATED PROTECTIVE ORDER - 1

U S EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office 909 First A.. enue SUite 400
Seattle Washington 98104-1061 Telephone (20b) 220-6883 Facsimile (206) 220-6911 1"DD (206) 220-6882

Case 2:02-cv-01689-JCC Document 14 Filed 06/06/2003 Page 2 of 5

(A) Personnel files pertaInIng to any current or fonner employee of Defendant MedIcal

2 Management InternatIOnal, Inc ("MMI")

3

(B) Any record or document regardIng the phYSIcal and/or mental condItIOn of Lead

4 ChargIng Party and any Class Member IncludIng but not hmlted to any medIcal and/or

5 psychologIcal evaluatIOn, dIagnOSIS, prognOSIS, prescnptIOn and/or medIcal bIll for Lead

6 ChargIng Party and/or any Class Member

7

(C) Any record or document that contams or pertams to MMI's confidentIal

8 propnetary, finanCIal or busmess mfonnatIOn which IS otherwise not pubhcly avatlable

9

(D) If other documents not speCIfically addressed above are detennmed by the parties to

lObe confidential and the parties agree by stlpulatIOn to so deSignate the documents, the terms of

11 thiS Stlpulated Protectlve Order will apply to such documents

12

2

"Confidentlal Matenal" may not be used or disclosed to anyone except as

13 prOVIded m thiS Protectlve Order and shall be used only for purposes of adJudlcatmg the clatms

14 and Issues between the partIes that have been raised In thiS actIOn "ConfidentIal Matenal" shall

15 not be used for any other purpose NeIther the "Confidential Matenal" descnbed herem nor the

16 fact of ItS existence shall be made avatlable to any person other than as proVided herem

17

3. Any "Confidentlal Matenal," as well as any copIes of excerpts thereof, or analysIs

18 or reports pertammg thereto, may be made avatlable only to the followmg person(s)

19

Counsel for the recelvmg party, ("Counsel" mcludes any attorneys, staff, or

20

paralegals employed by the EEOC or a law firm that IS counsel of record for the

21

recelvmg party),

22

Judges, CommISSIOners, law clerks and other personnel of this Court ("the

23

Court"),

24

Independent experts who have been retamed by a party to give expert testlmony or

25

otherwise assist m the preparatIOn of the actIOn for tnal,

STIPULATED PROTECTIVE ORDER - 2

U S EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office
909 First Avenue SUite 400
Seattle Washington 98104-1061 Telephone (206) 220-6883
Facsimile (206) 220-6911 TDD (206) 220-6882

Case 2:02-cv-01689-JCC Document 14 Filed 06/06/2003 Page 3 of 5

Court reporters or stenographers engaged to record depositIOn testImony, and their

2

employees,

3

Employees of any third party who authored the document or to whom the

4

document or a copy thereof was prevIOusly provided by the producmg party or m

5

the ordmary course of busmess,

6

Employees (and former employees) ofMMI only to the extent counsel of record

7

directs theIr review of such documents for prosecutIOn, defense and/or settlement

8

of thIS htlgatlOn and reqUIres such persons to review thiS protective order and

9

agree, m wntmg, to comply WIth ItS terms,

10

Medtator(s) retamed by the parties,

II

Such other persons as hereafter may be authonzed by the Court upon motion of

12

eIther party or upon stipulatIon of all parties as entered by the Court

13

4 Excludmg counsel, Judges, CommissIOners, law clerks and other personnel of thiS

14 Court or medtator(s) retamed by the parties, each person who IS permitted by the parties or their

IS counsel to have access to "Confidential" mformatlOn shall, pnor to bemg gIVen such access, be

16 proVided With a copy ofthls Protective Order for review Upon receIVmg the same, such person

17 shall sign a DIsclosure Agreement, mdlcatmg that he or she has read thiS Protective Order and

18 has agreed to be bound by ItS terms The "DIsclosure Agreement" shall proVIde as follows

19

DISCLOSURE AGREEMENT

20

I,

, understand that mformatlOn and/or

documents which are to be disclosed to me by counsel of record for _---;--;-_ _-;---;-_

21

(name of party), are "Confidential" and to be used by me solely to assIst

m the matter of EEOC v MedIcal Management InternatIOnal, Inc, Umted States Dlstnct Court,

22 Western Dlstnct of Washmgton at Seattle, Case No CV 02-1689C I further understand that a

Protective Order entered by the Court, a copy of whIch has been given to me, prohibits me from

23 eIther usmg such mformatlOn or documents for any other purpose or dlsclosmg such documents

and mformatlOn to any person other than counsel of record or persons asslstmg them In

24 acceptmg disclosure, I agree to be bound by the Protective Order and to be subject to the

JunsdlctlOn of the Umted States Dlstnct Court, Western DIstnct of Waslungton for purposes of

25 ItS enforcement and the enforcement of my obhgatlOns under thIS Agreement

STIPULATED PROTECTIVE ORDER - 3

U S EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle. District Office. 909 First Avenue SUite 400
SeClttle Washington 98104-1061 Telephone (206) 220-6883 FacSimile (206) 220-69U TDD (206) 220-6882

Case 2:02-cv-01689-JCC Document 14 Filed 06/06/2003 Page 4 of 5

Signed by RecIpient 2 Dated

3 The signed Disclosure Agreements shall be retamed by the cOimsel of record for the party

4 provldmg the disclosure

5

5 All "Confidential Matenal" that IS filed With the Court and any pleadmgs, motIOns

6 or other papers filed with the Court dlsclosmg any mfonnatlOn or contammg any "Confidential

7 Matenal" shan be filed under seal and kept under seal until further order of the Court The fact

8 that "Confidential Matenal" produced pursuant to tlus Protective Order has been utilized at

9 depOSItions, m papers filed With the Court, at tnal, or upon appeal, shan not, m any way, release

10 any person bound by thiS Protective Order from theu obligatIOns under thiS Protective Order

11

6

If, at any tlme_ counsel for any party believes It IS necessary to disclose

12 "Confidential Matenal" to persons other than those pennltted by thiS Protective Order, said

13 counsel may make an appropnate applicatIOn to the Court requestmg that the specifically

14 Identified document, response to any discovery request or depOSItion testimony and any

15 mfonnatlOn contamed therem, be excluded from the provIsIOns of thiS Protective Order and be

16 aVailable to specified other persons The producmg party shall be given notice and reasonable

17 time to object to the disclosure

18

7

"Confidential Matenal" obtained by a party shall at all times be kept, mamtamed

19 and stored m such a manner as to prevent disclosure except m accordance With the tenns of thiS

20 Order

21

8

On wntten agreement of the parties, the provIsions of thiS Protectlve Order may

22 be modified by an order of this Court Nothmg contained herem shall be deemed to preclude

23 either party from walvmg any protectIOn afforded to ItS mfonnatlOn under thiS Protectlve Order,

24 proVided such waiver IS III wntmg or IS recorded m a transcnpt durmg depOSitIOn teshmony

25

9 This Protechve Order Will not prejudice the nght of any party or third-party to

STIPULATED PROTECTIVE ORDER - 4

US EQUAL EMPLOYMENT OPPORT\JNITY COMMISSION Scattle District Office
909 First Avenue SUite 400
Seattle, Washington 98104-1061 Telephone (206) 220-6883
Facsimile (206) 220-6911 TDD (206) 220-6862

Case 2:02-cv-01689-JCC Document 14 Filed 06/06/2003 Page 5 of 5

oppose productIOn of any mformatlOn on the ground of attorney-chcnt pnvllege, work product

2 Immumty or any other privilege or protectIOn provided under the law

3

10 This Protective Order shall survive this proceedmg, and shall remam m effect (a)

4 unless modified by an Order of this Court, or (b) until such time as counsel either returns all

5 docmnents or certifies m wntmg that the docmnents which bear a Confidential Matenal

6 deSignatIOn have been destroyed, and the parties have filed a wntten stipulatIOn to thiS effect

7 with the Court Counsel shall be entitled to retam memoranda, pleadmgs, depOSItion transcripts

8 and work product embodymg mformatlOn denved from such Confidential Matenal to the extent

9 reasonably necessary to preserve a file in thiS htlgatlOn

10

~ff1 1'\S 11 DATED tlus

day of

,2003

12 Jomtly submitted,

13 Kathryn Olson DamlenLee
14 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
15 Seattle Dlstnct Office 909 First Avenue, Ste 400
16 Seattle, Washmgton 98104 Telephone (206) 220-6915
+rfh;q UA_ 17 Facsimile (206) 220-6911
18
By 19

VIctor Kisch Kann Guenther Sonja Hemung Tonkon Torp, LLP 888 SW Fifth Avenue, SUite 1600 Portland, OR 97204 Telephone (503) 221-1440
B y_ _~~~~_ _ _ _ _ __ _

20 Richard Ornata
21 Karr Tuttle Campbell 1201 Third Ave, SUite 2900
22 Seattle, WA 98101 Telephone (206)223-1313
I' 23 Facslrn~82-~
24 By
25

STIPULATED PROTECTIVE ORDER - 5

U 5 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office
909 First Avenue, SUite 400 Seattle Washington 98104-1061
Telephone (206) 220-6683 FaCSimile (206) 220-6911
TDD (20b) 220-6882

 
 , ' Case 2:02-cv-01689-JCC Document 16 Filed 11/12/2003 Page 1 of 10

_ _ FILED

ENTERED

_ _ kOOO(D~__RECEIVED

NU~ n~ 2003 MR
2

HONORABLE JOHN C. COUGFIENOUR

3

ORIGINAL

4

5

UNITED STATES DISTRICT COURT

WESTERt"\l DISTRICT OF WASHINGTON

6

ATSEATILE

7 EIQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

8

I
I

i

9 I

Plaintiff,

) ) )

10 .

v.

)
)

NffiDICAL MANAGEMENT iNTERNATIONAL, )

11 INC.,

)

~

Defendant.

)

12 ! . , -..,.. ---.~

NO. CV02-1689C
CONSENT DECREE AND [!'Ii : ~ SO] ORDER OF DISMISSAL

13
L ll!l.IRODUCTION

14
1. This action originated with a discrimination charge filed by Erin Riordan

15 16

(~01TnerlY, "Erin Harold, also rcfelT"d to as "Charging Party") with the Equal Employment

Opportunity Commissioll. The Chargi.ng Party alleged that Medical Management International,

17
rJc.·C'MMI" or "Defendant") dlscriminated againsl her and a group of similarly situated Female

18 I einployees who worked at its Woodinville, W A hospital on the basis of sex by subjectin~ them to
19 i
I . . aisexuallyand gender-based hostile work environment, and that Defendant also subjected Ms,
20 J{iordan to discipline when she complained of the harassment, in violation of Tille VII of the Civil

21

I
~Igh(S Act of 1964, a. amended ('Title Vll"), 42 U.S.C. § 2000e et .e~.

22 !

2.

Th~ EEOC sent D~fc.nrla.nt a Letter of Detenninalion with :::L finding of reasonahle

23 1

cause that it had violated Title VII dated August 2&,2001.

24 I

I

3.

The Commission filed this lawsuit on August 15,2002 in the United Stut". District

25

<CONSENT DECREE - 1 I

U ..5. EQLJAL t::MI"LOYMl.NT OPI"OfI:TlJN.tTY COMMIs..<;::J:ON $,Bd'ffloll DI:!itl'i~T OHk:1B 909 Fir~f ~vUI\l(:, $uit.. "'00
Suttle, WII-SI\II\gTlltI 91H04-1Q61 '~pltol\C; (206) ~~o-,gll}
~~\IIE;. (i!:06) 220-6!H1
-rob: (20",) 220-6!3S2
111111111111111111111111111111111111111111111

I1111111 11\ 11111111 11111 1111111 1111
02_CV-016H9-0RD

, '. Case 2:02-cv-01689-JCC Document 16 Filed 11/12/2003 Page 2 of 10

Cort for the Western District of Washingtun at S~anle on behalf of the Charging Party and other

2 sirbilarly situated Female employees ("Class Members") who worked at its Woodillville, WA

3 Hdspital, alleging they also experienced sexual harassmeat anJ/or hanssment based on sex, and

thlt 4

Defendant had also retaliated against Charging Party when she c{JlIlplained of the harassment.
,

5 II 4.

Defendant denied the allegations of discrinlinalion in the EEOC's complaint and

6 astertcd several affrrmative defenses.

'f i 5.

'lhe parties wautto <.ondude fully and finally all c1"im< arising Qut of the EEOC's

8 ~.o,1npbint, and the charge of discrimination filed with EEOC by Erin Riordan. Th~y enter into I

9 thIs Consent Decree to further the objectives of eq"al employment as set forth ill Title VII.

10

II. NONADMISSION OF LIABILITY AND NONDETERMThlATION

11

BY THE COURT

12 ,iI

6.

This Consent Decree is not an adjudication or finding on the werits of this case and

13 s~atl not be construed, considered or interpreted as an admission by Detendant of a violation of

I
14 Title VII, or any law or the rights of any person.

15 I

III. JURlSDICTION AND VENUE

I ,

16

I I

7.

Jurisdiction of this Court is invoked pursuant to 28 US.C. §§ 451, 1331, 1337,

17 1I343 and 1345. TIus "~tiun is authorized pursuant to Section.<; 706(f)(1) and (3) of Title VTIofthe

18 qivil Rights Act of 1964, as amended, 42 U.S.C~ §§ 200Ue-5(f)(l) and (3), and Section 102 of the

, 19 CIivil Right~ Act of 1991, 42 U.S.c. § 1981a. The employment practices alleged to be unlawful in

. 'Ii

20

~l,I e EEOC's complaint filed herein occurred V'vithin the jurisdiction of the United States District

I 21 Gourt for the Western District of Washington.

I , 22

IV ..SETTL.EMENT SCOPE

23 I

S.

Thi, Consent Decree is the fin~l and complete resolution of all Title VII allegations

I
df 24 unIuwfu.l employment practices contained in the cl)mplaint filed herein on behalf of Erin

25 <CONSENT DECREE - '1.

V.s. eQUAL eMPI,.,DYMENT OJIPOATUNITY C:OMh\.lt..SJ.ON ~",ttrl!. oirt'ie'l' Office
90'i1 hr:$T A1/eI~, ~lil't:; 4QU
SI!<!"',lt, Wlli",i,.gtol\ 96104-104(.1 T~Ii!:phonc; (2Ut.) Z<=O-b68~
fgo;1i""IIf;: (~) Z20·6!HJ TbD: (~06) ~<!O·6.8al

Case 2:02-cv-01689-JCC Document 16 Filed 11/12/2003 Page 3 of 10

1 Ri0,rdan and the Class Members by the EEOC, in Ms. Riordan's discrimination charge, in the 2 E~OC'S administrative detenninations, including all daim~ by the parties for attorney fees and
3 co~t$. The scope of this Consent Decree will be limited to the Defendant's Woodinville, WA 4 ho~pital. The Consent Decree resolves all issues and claims arising out of this complaint and is

S hJding and finai as to all such issue. and cbims.

I

6

I
!

v. MONETARY RFJJ.EE

7

9. In settlement of chis lawsuit: Ca) MMI agrees to pay Erin Riordan and the four other

8

J
class

Members

a

total

of

$1

00,000

as

non-economic

damag~s

for

psychic

and

emotional

stress;

I

9 arid Cb) after the EEOC determines the amount Erin Riordnn and each of the Class Members will
I

10 rebcive and informs MMI of the specific amounts, MMI a.grees to send checks for the foregoing
I
11 ~nlO\lnts directly to the Seattlo District Officc oJ'the EEOC, al 909 First Avenue, Suite 400,

12 S~"ttJe, WA 98104, by certified mail within five (5) business days of the date this Consent Decree
i~ 13 entered by the Court, for disbllIsemcnt.

I 14

VI. AFFIRMATIVE AND OTHER RELIEF

I 15

A. General Provisions

! 16

10. MMI, its officers, agents, and employees al the Woodinville, WA hospital and all

17 hban rcSO\lfce professionals at Central Team Support CCTS") who service the Woodinville,
~ 18 A hospital will refrain from engaging in practices which unlawfully discriminate against
I
19 erployees on the basis ,of sex. and which constitute retaliation for an individu,ll engaging in
":.; 20 Pfotected EEO activity. Tn recognition of ils obligations under Title vn, MMI will institute the

21 policies and practices set forth below.

I
22

B. Ami:l>iscrimintl!ion Policies and Procedures

23

11. MMI shall institute and carry out anti-discrimination poliCies, procedures and

24 l\aining as set forth herein for employees, supervisors and management personnel, to the extent

25 I
,
i
~ONSENT DECREE" 3
I

u.s. EQVA'- EMPl.QYMeNT OPPORTVNtTY cOMMUnSION Se.Q11t!:. bis:mc;;t Oftiee
90g r-'Irn III/Cnue, 5ull~ 400 S~IIt-tIe., WIl~hl~!iT\l!'1 98104-IDI]1
Tc:I'l:iJ'h~r\e: (20~) :z~rH!18!!!
FO'-'l'i""i~: (2.0&) ~.zO-6i)H Thl}l (;::01.) Z20-I;.B.!I2

Case 2:02-cv-01689-JCC Document 16 Filed 11/12/2003 Page 4 of 10

not already established, and will provide eqnll\ employment opportunities for all employees. J\.flvII i
2 will evaluate and, where appropriate, modify the practice, of its managers and supervisors in order
3 to ~revent discrimination in employment. MMI will ensUI" that its mana.gers and supervisors
,
4 un'de,"Stand its Equal Employment Opportunity ("'ITO"") policies Iilld how those policies define

5 aJd identify what consmute, cmployrH"nt discrimination.

6

Within one-hw"iJed-twenty (120) days of the date of the efleetive date of this

I
7 cb,,nsent Decree, MMI will: Ca) review its EEO policy, and revise it as necessary, to ensure that it

8 adequately prohibits sexual harassment amllor harassll1ent based on sex, addresses MMI's

I
9 O~ligation to provide a harassment-free work environment for its employees, and reatlimls its

10 c1ll1ll1itment not to retaliate against any employee for engaging in protected bEO activity, U,

11 filing an internal discrimination charge and/or filing a cbarge with the EEOC; and (b) di5uibutc

12 iti EED policy to all present and futllle employees, both management and lion-management,

13 tHrough its Team Member Handbook ami. SmartHelp. MMI will provide EEOC with a wriuel1

I ,

14 co, py of its EEO policy as part of irs first semi-mmual report as provided in paragraph 19 beluw.

I 15 i

C. Training

16 I 13. Within one hundred and twenty (PO) days ofthe execution of this Consent

17 r:!ecree, MMI will develop a.nd present to all managers, supervisors and employees at the

I
18 Woodinville, WA Hospital and all hmnan resource professionals at CTS who service the
I I
19 'o/0odinville, WA Hospital tWo (2) hours offace-to-face training by a qualified trainer On

I
c·, 20 ctnployment di.crimination, inclnding SC)[uru harassment. Tho EEOC will have an OPPUlrwUty to
,

21 rt,view the training materials prior to the training date. Annually tllercafier, oli managers,

s~pervisofs 22

and employees at the WOOdinville, WA Hospital and aU human resource prof¢5sionals

I
23 dt CIS who service the Woodinville, WA Hospital will cOll1plete two (2) hours of training in

JcCOrdan~e 24

with the requirements set f011h in the Banfield Learning Center (Btc).

I

I f
25

t,ONSENT DECREE - 4
I

V,S. EqUAl. EMpt.oVMENT oPPOr.tTUNlTY ~Ow.u..:;s:ION ~'HI«. ni31Tict Offh:'-l
909 Fir~ AYllnUl;. 5IJlt~ 400
Sl!llltlt., Wo;t1lng,nn 'J~HC4· JO~l
'r~ltPho/lC~ (2()6) 22.0-6883
fa<;lJirlIll~: (.2C)t;.} t~a-~91l
TOD: (<!oo) <!:~(J-b!la2

Case 2:02-cv-01689-JCC Document 16 Filed 11/12/2003 Page 5 of 10

14. MMI will notify the EEOC of the completion of the training set forth in Paragraph
2 131anJ will specify the names and job titles of the employee~ who participated in and completed
3 lh~ training as part of its semi-annual reporting to the EEOC.

I 4

D.

Expunacmcnt of RCCOTd"

5

15. MMI will not disclose any infolmation or make references to any charge of

1 G di crimination or this lawsuit in responding lD employment reference rcqu~sls fOI infoIffiatioIl

ab~ut Cla~s 7

Erin Riordan and/or any other

Member.

J S

16. MMI will expunge fTOm the personnel files of crin Riord,Ul and each Class

r,9

ber, and from any other records where such information is kept by MMI, any ref..rence to "

10 charge of discrimination against MMI and this lawsuit. If Ms. Riordan and/or any Class Member

I

11 wishes to do so, MMI ,vill permit eaeh such iildividual to review her pe,,",onnei tile within thirty

dO) 12

day. after the entry of this Consent Decree to ensure that all such references have been

13 Jpunged, MMI will not add any information or references to the personnel files of Ms. Riordan
I
14 oJ, any Class Member or records regarding tills charge of discrimination and thi$ lawsuit after such

15 rJfercnces have been eXpunged.

I

I I

E.

- - Policies Desi!med IQl'.ro~ "'o-te Supervisor Accountability

17 !

17. MMI will continu~ to advi~e all managers and supervisors of their duty to en~ure

18 crmPliance with the practice's EEO policy, and to lcport any incident or complaint of

19 <:Ji:scrinlination or retaliation, of which they become aware. If a m3n3!;er or supervisor violates
,
20 *MI'S EED policy, he/she may he sul:jec! to discipline up to and iucluding termination and

21 "bmpeDsation IDay be affected. MMI will also remind all managers and supervisors that there will

J" 22 nO retaliation against any employee for reporting or rdaying IIny incident of discrimination or

~taliatiOn 23

under MMI's EED policy, Dr for participating in or conducting an investigation of such

24 'fI'm.CI'dent.

25 I
I
i
CONSENT DECREE - 5 I

U.oS, FQVAt. l;MPf..OYMENT OPPOIHVt-lTTY caMMX..~r()N ~aTtl~ Di:;;tl"it;:f Offiei: 909 fi,.:l.t AWonuti. :oullc:: 4tJU
!it.tlnl",. W",.~hi~~iI 98104.1061 'r~I~phll~ (2:06) :il.:w-c.~aJ fQ.:;~lmllC"; (lOfl.) Zii:O-v911 Tbb: (Z06) <=il:O-~~a2

Case 2:02-cv-01689-JCC Document 16 Filed 11/12/2003 Page 6 of 10

I IS. M:MI agrees that it shall include "commitment to equal employment opportunity" I 2 as a criterion for qualification for supervi.OI"y positions.

3

F. Reponing

4

19. MM! shall report ill writing and in affidavit form (0 the EEOC begirnJing six (6)

5 mbnths from the date of the entry of this decree, and thereafter every year for the duratioll of the
I
6 deicree the following information:

7

Certification of the cvtnpictioll of training and list of attendees;

8

b_

Certification that its EI30 policy hus been sent to all current and newly hired

employees as described abov";

9

c_

A list of any changes, modifications, revocations or revisions to its FEOpolicies

10

and proce<1ures which ccmcern or affc<.:t the subject of discrimination or retaliation

II

<1_

A summary of sexualltarassment complaints, if any, filed by employees working at

MMl's Woodinville, WA [""ilily which are reported to management and the

12

resolution of each cOlllplaint; and

13

e.

A ~taternem listing the other provisions of this Decree that Defendants arc required to perform and ~"I tifying that MMI has complied with the tenru; of the Dc"ree. If

14

MMI has not complied with any tenn of the Decree, the slatelllent will specify the ~<eas of noncompliance, the rcason for the nonconlpliancc, and the steps taken to

15

bring the Defendants into compliance.

16 G. Posting

17
20_ MMI will post a Notice, attached as Exhibit I to this Consent Decree_ The NOLice

18 shall be posted on a centrally located bulletin board at MM!' s Woodinville, WA hospital for the

19 I

duration of the Con<enf Decree.
~'"
i 20

I

Vll. ENFORCEMENT

21 I

I

21. lfthe EEOC detennines that MMI has not complied with the terms of this Decree,

22 I

!he EEOC will provide written notification of the alleged breach to MML 'the EEOC will not

23 petition the court for enforcement oftlle decr"" for at lea$t sixty (60) days after providing written
24 I ~otificatio)1 ofthe alleged breach. The 30-day period following the wrinen notice shall be used by

25

I
bONSFNT ))ECREE - 6 I

u._~, eQUAL EMF't.OYMENT O,.'ORTt.lt-U."1Y ~O.M~ON ~1IZtrl1'11J!I blstri(;t Offi(:#" 909 Plrrt Ave.nue. SufTi£. .qoa
SEllTflll. WII,hing'cn 9BI0<4 _1D6.1
Te.lephot'le: (206) 220-6883 fQ~~I<QUI[;; (2Db) zW-69Ll TOD: (~06) nO-6M2

Case 2:02-cv-01689-JCC Document 16 Filed 11/12/2003 Page 7 of 10

I
I

thJ parties for good faith efforts to resolve the dispute.

I
2

vrn. RETENTION OUlJRISDlCTION

3

22. The United Srotes District COllrt for the Western Di'lrict ofWas):llngton sh.all

4 re ainjurisdiction over this matter for the duration of the decree.

5

IX. DURATION ANQ1EKl\1lNAIJON

6

23. This Decree shall be in effect for two (2) years beginning I-;ovember 7,2003 and

7 eliding November 7,2005. If the EEOC petitions the Court for breach ofd,e Decree, and the

elmt 8

finds MMI to be ;n violation of the terms ofthe Decree, the Court may eXlend the duration

0tilieI

9

Decrt:c.

10

XI. CONCU JSIQN

11

24. The parties are not bound by any provision of this decree until it is signed by

12 authorized representatives of each party and entered by the Court.
!

13
I
14 I I
15 11

Dated this _ _ _ day of _ _ _~, 2003.

16 I~
,17 IiI 118
19 iI-' LUIS LUCERO, lR.
Tegional Attorney" ~:i 20
KATHR YN OLSON
21 ~upervisory Trial Attomey

ERlC S DREIBAND Gene<al Counsel
GWENDOLYN YOUNG REAMS Associ ate Genernl Co wlsd

I
22 DAMIENALEE trial Anorncy
~QUAL 23 EMPLOYMENT
24 fPPORTUNITY COMMISSION

EQUAL EMPLOYMENT OPPORTUNITY COl'vlMISSION

I 25
I
i
,bONSENT DECREE - 7

U ,$, EQlML I:;:MP1..nVMENT OPPORTUNIl'Y cOMMISSlON 54l'Jttl~ bi$tt'kT Offi"~
~C19 Flr~ Av.e.nuti. Sl,Ilte <\{IQ
:S~arTlc:. washil19tl1F\ ~I;.IIO".1061
rellllphDf'oE' (~(Jt:.) 220,t.B8J
ro.eslmile; (206) l20-69H
"Tnt): (2\lQ] ~i;:O-6ae.2

Case 2:02-cv-01689-JCC Document 16 Filed 11/12/2003 Page 8 of 10

Sekule District Office

90? First Avenue, Suite 400

2 Sep.nle, Washington 98104

Tclephone (206) 220-6915

~ 3 I
: Bt ft·

¢}«tao ;

6 Aitol1leys for Plaintiff I
7 I

8
I
I
9 VICTOR
SbNJA u",,""·"."
10 I
I 11 B[Y::_I.;J~*,c....:.~.--.-
12 A~ome I
13 I TONKON TORP LLP
14 888 SW Fifth Ave., Suite 1600 P·ortl.."d, OR 97204
I 15 !.j0cal Couns.1 16 RICHARD OMATA
J<i:ARR TUTTLE CAMPBELL
17 Ij20 I Third Ave. Seattle, WA 98101-3028
I
18 I
19 I I

21
22
2J
24
25 i
I I
I
tONSENT DECREE - 8
I

Office of the General Counsel 1801 "L" Street, N.W. WashingtuIl, D.C. 20507 Telephone (202) 663-4702
\J_~. [QUAL F.MPI,..OYMB...;'l' OPPORTVt-4ITY r.OMMlSSION 5eanl..:. ttl:;"!",.!.., (Jtti'~ ~o<;;> FI.. vt "''''I[r.noo, Suir!: 100
Seattle.. Wll!lh'~9'ron 9Bl04-1061 Tc.l<::pMlle: (20(') 2~{]..(>lj:n:J F",u-llruLe:: (2(6) 220-t.911 lDD~ (a06) Ol<'(J.Me:'!

Case 2:02-cv-01689-JCC Document 16 Filed 11/12/2003 Page 9 of 10

ORDER APPROVING CONSENT DECREE

2

The Court having considered the foregoing stipulated agreement of the parties,

3 IT,IS HEREBY ORDERED THAT the foregoing Consent Decree be, and the same hereby is,
4 ap~roved as the fmal decree of this Court in full settlement of this action. This lawsuit is hereby
I
5 di~mis<ed with prejudice and without cOSts or attorl)"Ys' fees to any party. The Court rewins
6 .uhSdiCtion of this mallcr for purpo.es of enforciug the Con,em Decre~ approved herein.

7 I
8 I
9 I
10 I
II I
12 13

DATED this ~ day of

~JL( ~~ ..~ J .. C. COUGHEN6~ TED STATES DISTRICT JUDGE

14

15

i
I

16

!
I

17

18 I

I 19 I
I I
20 I
I 21 I I
22 I

23

24

25
I I
fONSENT DECREE· 9 I

u.s. EQUAl. EMPWYMFNT OF'P'ORiUNUY COMMI5SION s...:Ittle Diririet Offioee
909 FirST AVUI.JI!;, ~ifc ...00 .sco.tTltl, Wa:;hingtoll 98t04-10fi,1
T\!'.ltjllwnc; t~Ob) 2110-6813:3
FIIc!;ill'llh!: (2:06) 220_6911
1"OD' (.:!Ot.} 2:(:(l-6l'!$2

, ' .- Case 2:02-cv-01689-JCC Document 16 Filed 11/12/2003 Page 10 of 10

NOTICF30 ALL EMPLO);::!oJili
2 I I This notice is being p".ted pursuant to an agreement between Medical Management 3 International, Inc., and the U.S. Equal Employment Opportunity Commission, entered as the result
ofIII resolution of a lawsuit ill federal district court_ There was no finding on the merits of the

4 !af.uit and this notice should not be considered an admission by Medical Management

International, Inc. ofa violation ofany law.

5

I
I

Title VII ofth" Civil Rights Act of 1964, as amended, the Age Discrimination in

6 Elhployment Act of 1967, the Equal Pay Act of 1963, and the Americans with Di,abilities Ac! of
1I1 90 are enforced by the EEOC and require the following:
7 That there be no discrimination against any employ,," or applicant for employment

8
I
9 I I

because of the employee's race, sex, color, rdigioll, national ongin, age (over age 40), or disability with respect to hiring, firing, compensation, Or other terms,
conditions Or privileges of employment.

10 I

11

I
I

I

i 12 I

It is an unlawful employment practice- for an employer to retaliate against any employe,,"
or applicants for employment because they have opposed a practice or henallse they have made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under these statutes.
Medical Management International, Inc. ha' instituted a training program to train its

13 rrpnagers regarding the requireu,ents ofthe above ,tatutes.

I
14 I

Medical Management International, Inc. has posted this notice because the co,upany

.+pports and will comply with these federal laws in all respects.

15 I
I 16

DATED _ __

17

Medical Management International, Inc.

18

19
::i
;~ 20

21

22

? _:~J

24

25 C, ONSENT DECREE -10

lJ ,5, eqUAL. cW'l,.OYMENT oPPO~iVNrrY COMMIsSl;ON &Il'ttw bi$'f'tokt Offi~e 909 Fil'~t Avcrlll.:. Suil<:. "'1M
:;'~TJIJ:, wm:hir.gtOIl 91U04.1061 Te.l.e.pl"lcl".., (.i:~~) ??.O.6fl.Sa F<lc.simile.: (lOb) Z2;O-69H
TDI): (206) ai:O-~862

 
 WAWD CM/ECF Version 2.5 - Docket Report

Page 1 of 4

CLOSED, JURYDEMAND
U.S. District Court WESTERN DISTRICT OF WASHINGTON (Seattle) CIVIL DOCKET FOR CASE #: 2:02-cv-01689-JCC

EEOC v. Medical Mgmt Intl Assigned to: John C Coughenour Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 08/15/2002 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by A Luis Lucero, Jr EQUAL EMPLOYMENT OPPORTUNITY COMMISSION SEATTLE DISTRICT OFFICE 909 FIRST AVE STE 400 SEATTLE, WA 98104-1061 206-220-6883 Email: LUIS.LUCERO@EEOC.GOV LEAD ATTORNEY ATTORNEY TO BE NOTICED

Damien Anthony Lee EQUAL EMPLOYMENT OPPORTUNITY COMMISSION SEATTLE DISTRICT OFFICE 909 FIRST AVE STE 400 SEATTLE, WA 98104-1061 206-220-6883 Fax: FAX 220-6911 Email: damien.lee@eeoc.gov ATTORNEY TO BE NOTICED

V.
Defendant
Medical Management International Inc

represented by Karin L Guenther TONKON TORP 888 SW 5TH AVE STE 1600 PORTLAND, OR 97204-2099 503-221-1440 LEAD ATTORNEY ATTORNEY TO BE NOTICED

https://ecf.wawd.uscourts.gov/cgi-bin/DktRpt.pl?651002940645594-L_923_0-1

6/30/2006

WAWD CM/ECF Version 2.5 - Docket Report

Page 2 of 4

Counter Claimant Medical Management International Inc
V. Counter Defendant Equal Employment Opportunity Commission

Richard J. Omata KARR TUTTLE CAMPBELL 1201 THIRD AVE STE 2900 SEATTLE, WA 98101-3028 206-223-1313 Fax: FAX 682-7100 Email: romata@karrtuttle.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sonja L Henning TONKON TORP 888 SW 5TH AVE STE 1600 PORTLAND, OR 97204-2099 503-221-1440 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Victor J Kisch TONKON TORP 888 SW 5TH AVE STE 1600 PORTLAND, OR 97204-2099 503-221-1440 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Richard J. Omata (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by A Luis Lucero, Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Damien Anthony Lee (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

https://ecf.wawd.uscourts.gov/cgi-bin/DktRpt.pl?651002940645594-L_923_0-1

6/30/2006

WAWD CM/ECF Version 2.5 - Docket Report

Page 3 of 4

Date Filed 08/15/2002 08/23/2002 08/30/2002 09/09/2002 09/12/2002 09/19/2002 09/19/2002 09/19/2002 09/27/2002 09/27/2002 09/27/2002 12/10/2002
01/14/2003 06/05/2003 06/06/2003

#

Docket Text

1 COMPLAINT and JURY TRIAL DEMANDED (Summons(es) issued) Receipt # fee waived (USA) (PM) (Entered: 08/21/2002)

2 RETURN OF SERVICE of summons and complaint executed upon defendant Medical Mgmt Intl on 8/20/02 (MH) (Entered: 08/26/2002)

3 ATTORNEY APPEARANCE for defendant Medical Mgmt Intl by Richard J. Omata (MH) (Entered: 09/03/2002)

LODGED STIPULATION AND ORDER to Extend Time to Answer (LS) (Entered: 09/10/2002)

4 STIPULATION and ORDER Extending Time to Anwser pla's Complaint until 9/19/02 by Chief Judge John C. Coughenour : (cc: counsel, Judge) (LS) (Entered: 09/12/2002)

5 MINUTE ENTRY: Status conference set for 9:00 12/10/02 (cc: all counsel) (MH) (Entered: 09/19/2002)

6 ORDER re: DISCOVERY and DEPOSITIONS by Chief Judge John C. Coughenour (cc: counsel, Judge) (MH) (Entered: 09/19/2002)

7 ANSWER to complaint [1-1] and COUNTERCLAIM by defendant Medical Mgmt Intl against plaintiff EEOC (MH) (Entered: 09/20/2002)

8 APPLICATION by defendant Medical Mgmt Intl AND ORDER admitting Karin L Guenther pro hac vice. Receipt # 602890 (cc: counsel, Judge) (LS) (Entered: 09/27/2002)

9 APPLICATION by defendant Medical Mgmt Intl AND ORDER admitting Sonja L Henning pro hac vice. Receipt # 602890 (cc: counsel, Judge) (LS) (Entered: 09/27/2002)

10 APPLICATION by defendant Medical Mgmt Intl AND ORDER admitting Victor J. Kisch pro hac vice. Receipt # 602890 (cc: counsel, Judge) (LS) (Entered: 09/27/2002)

11 MINUTES OF STATUS CONFERENCE: JCC; Dep Clerk: JM; CR: Caroline Castle; Counsel: Omata/Kisch/Lee/Stanley; Status conference held 9:00 12/10/02 ; Deadline to Join Additional Parties is 6/6/03 ; Jury trial set for 2/23/04 ; Voir dire/jury instructions deadline 2/19/04 ; Trial briefs to be submitted by 2/19/04 ; Pretrial Order due by 2/13/04 ; 39.1 designation effective 12/12/03 ; (cc: counsel, Judge) (LS) (Entered: 12/12/2002)

12 SUBSTITUTION OF COUNSEL on behalf of EEOC, substituting in Damien Anthony Lee; terminating Wesley Katahira as primary trial counsel (LS) (Entered: 02/04/2003)

LODGED Stipulated Protective Order (LS) (Entered: 06/05/2003)

13 ORDER by Chief Judge John C. Coughenour: parties have jointly moved for entry of a protective order; the motion is GRANTED and entered (cc:

https://ecf.wawd.uscourts.gov/cgi-bin/DktRpt.pl?651002940645594-L_923_0-1

6/30/2006

WAWD CM/ECF Version 2.5 - Docket Report

Page 4 of 4

06/06/2003 11/01/2003 11/12/2003

counsel, Judge) (LS) (Entered: 06/10/2003)
14 PROTECTIVE ORDER by Chief Judge John C. Coughenour : for protective order (cc: counsel, Judge) (LS) (Entered: 06/10/2003)
15 NOTICE of Appearance by attorney Damien Anthony Lee on behalf of Plaintiff Equal Employment Opportunity Commission (LS, ) (Entered: 11/06/2003)
16 CONSENT DECREE AND ORDER OF DISMISSAL is approved as the final decree of this Court in full settlement of this action. The lawsuit is dismissed with prejudice and without costs or attorneys' fees to any party. by Judge John C Coughenour. (LS, ) (Entered: 11/14/2003)

PACER Service Center
Transaction Receipt

06/30/2006 08:51:29

PACER Login: hs0328

Client Code: peters

Description: Docket Report Search Criteria: 2:02-cv-01689-JCC

Billable Pages: 2

Cost:

0.16

https://ecf.wawd.uscourts.gov/cgi-bin/DktRpt.pl?651002940645594-L_923_0-1

6/30/2006