Case 2:065-cmvc-0-002706295-JFCDocDumoceunmt 1e3n3t 71-1 Filed 06/12/2006 Page 1 of 8

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PE"Nl\'SYLVANIA

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
GREG & DEB'S, INC. d/b/a NORTH PARK LOUNGE CLUBHOUSE, and MARK & GREG'S, INC. d/b/a NORTH PARK LOUNGE CLUBHOUSE,
Defendant.

) ) ) 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 sex and constructive discharge and to provide appropriate relief to Elyse Pehel who was adversely affected by such practices. As articulated with greater particularity in paragraph 8 below, the Commission alleges that Ms. Pehel, an employee in Defendants' restaurant, was subjected to unwelcome sexual harassment and unwanted touching and a sexually hostile work environment which was created by the conduct of Defendants' ovvner and a manager. The Commission alleges that the conduct was so outrageous and offensive, and Defendant's response was so inappropriate and inadequate, that it would have the foreseeable result of creating working conditions that were so unpleasant or difficult that a reasonable person in Ms. Pehel's position would resign.

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JURISDICTION AND VENUE 1. Juriscliction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 706(f)(l) and (3) of Title Vll of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1) and (3) ("Title VII''). This action is also authorized and instituted pursuant to Section 102 of Title I 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 Western District of Pennsylvania.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, 42 U.S.C. § 2000e-5(f)(l)and (3). 4. At all relevant times, Defendant Greg & Deb's, Inc. (referred to hereinafter in conjunction with Defendant Mark & Greg's, Inc. as the "Employer") has continuously been a Pennsylvania corporation, headquartered in Gibsonia, Pennsylvania and has continuously had at least 15 employees. 5. At all relevant times, Defendant Mark & Greg's, Inc. (referred to hereinafter in conjunction with Defendant Greg & Deb's, Inc. as the "Employer") has continuously been a Pennsylvania corporation, headquartered in Gibsonia, Pennsylvania and has continuously had at least 15 employees. 6. At all relevant times, each Defendant Employer has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 70l(b), (g)
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and (h) ofTitle VII, 42 U.S.C. §§ 2000e(b), (g) and (h).

STATEMENT OF CLAIMS

7. More than thirty days prior to the institution of this lawsuit, Elyse Pehel filed a

Charge 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.

8. On or about August 1, 2005, Defendant Employer engaged in unlawful

employment practices, in violation of 703(a)(l) of Title VII, 42 U.S.C.§ 2000e-2(a)(l). These

unlawful practices include, but are not limited to, the following:

a. Defendant Employers jointly own and or operate at least one restaurant and family

entertainment facility known as the North Park Lounge Clubhouse. That facility is located in

Gibsonia, Peunsylvania and is where Ms. Pehel was employed. A second North Park Lounge

Clubhouse is located in Cranberry, Robinson Township, Pennsylvania.

b. The Commission believes, and therefore avers, that these two facilities are jointly

owned and/or managed by the same principals who own Mark & Greg's, Inc. and Greg & Deb's,

Inc.

c. Commencing on August 1, 2005, Defendant tolerated and condoned a sexually

hostile work envirorunent at a golf course where it was staffing and managing a golf"outing."

d.

The hostile work envirorunent complained of consisted of a sexually charged

atmosphere and, explicitly, of two distinct incidents where Ms. Pehel was subjected to unwanted

touching by Defendant owner Greg Maggio (now deceased) and Defendant manager Mitchell

Brewer.

e. On that day, Ms. Pehel, a nineteen year old college student, along with another

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young woman, was staffing a hole at the golf outing, as requested by Mr. Maggio. At Maggio's suggestion, she wore a short skirt or shorts and a swimming suit top under a t-shirt, which she removed during the course ofthe day.
f. During the late morning on the day of the golf event, Mr. Maggio came up to Ms. Pehel and, with a black marker, wrote "Tips" on her chest with an arrow pointing down toward her breasts. Ms. Pehel did not consent to this action.
g. Later that afternoon, Mitchell Brewer, a Defendant manager, arrived at the hole where Ms. Pehel was working. He requested that Ms. Pehel expose her breasts and she refused. Disregarding her refusal, Brewer and or men who were with him, pinned her arms, untied her bathing suit top, and let it fall. They continued to hold her arms as she attempted to hold up the top.
h. Ms. Pehel's co-worker was not at the particular hole when these events occurred. Witnesses reveal that immediately thereafter, Ms. Pehel called for help from an employee working the event nearby; that she informed him she thought she was going to be raped; and that she commenced crying hysterically.
1. That evening, Ms. Pehel reported to work for a scheduled evening shift at the restaurant/lounge. Her manager noticed that she was crying and took her aside. Ms. Pehel revealed to two Defendant managers what had transpired. They told her that the conduct was not uncharacteristic for Mr. Brewer, and reported the events to owner Maggio.
J. The next morning, Ms. Pehel reported to work. Mr. Maggio spoke with her about the events of the previous day and stated, "You know I was just joking around." He also informed her that Mr. Brewer was known to get "out of hand" when he was drinking. Maggio
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informed that Brewer would be banned from the next annual golf outing. Ms. Pehel replied, "Is that all?"
k. Ms. Pehel was not scheduled to work the following two days. Reflecting upon what had happened, and Mr. Maggio's inappropriate and inadequate response to her complaints, Ms. Pehel realized that she could not return to work at the North Park Lounge Clubhouse.
1. Defendant failed to take further adequate steps to address Ms. Pehel's complaints upon receiving notification ofthose events.
9. The effect of the practices complained of in paragraph 8(a) through (I) above has been to deprive Ms. Pehel of equal employment opportunities and otherwise adversely affected her status as an employee, because of her sex.
10. The unlawful employment practices complained of in paragraphs 8(a) through (!) above were intentional.
11. The unlawful employment practices complained of in paragraphs 8(a) through (1) above were done with malice or with reckless indifference to the federally protected rights of Ms. PeheL
PRAYER FOR RELIEF \Vherefore, the Commission requests that this Court: A. Grant a permanent injunction enjoining the Defendant Employer, its officers, successors, assigns and all persons in active concert or participation with it, from engaging in the creation and/or maintenance of a sexually hostile work environment or engaging in any other employment practice which discriminates on the basis of sex. B. Grant a permanent injunction enjoining the Defendant Employer, its officers,
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successors, assigns and all persons in active concert or participation with it, from discriminating within any of its establishments against employees on the basis ofsex and retaliation.
C. Order Defendant Employer to institute and carry out policies, practices and programs which provide equal employment opportunities for women, and which eradicate the effects ofits past and present unlawful employment practices.
D. Order Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities for women, which provide for an harassment free work environment, and which eradicate the effects of its past and present unlawful employment practices.
E. Order Defendant Employer to institute and carry out complaint procedures which encourage employees to come forward with complaints regarding violations of its policies against discrimination, harassment and retaliation.
F. Order Defendant Employer to institute and carry out a training program which shall promote supervisor accountability imposing on all managers and supervisory personnel a duty to actively monitor their work areas to ensure compliance with policies on non-discrimination and anti-harassment; and requiring all managers and supervisors to repon any incidents and/or complaints of harassment and/or retaliation of which they become aware to the department charged \vith handling such complaints.
G. Order Defendant Employer to make whole Elyse Pehel by providing compensation for past and future nonpecuniary losses resulting from the nnlawful practices complained of in paragraphs 8(a) through (I) above, including emotional pain, suffering, inconvenience, loss of enjoyment oflife, and humiliation, in amonnts to be determined at trial.
6
I

Case 2:065-cmvc-0-002706295-JFCDocDumoceunmt 1e3n3t 71-1 Filed 06/12/2006 Page 7 of 8 H. Order Defendant Employer to pay Elyse Pehel punitive damages for its malicious and/or reckless conduct described in paragraphs 8(a) through (I) above, in an amount to be determined at trial. I. Grant such further relief as this Court deems necessary and proper in the public interest. J. Award the Commission its costs of this action.
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JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its Complaint.
JAMESL.LEE DEPUTY GENERAL COUNSEL
GWENDOLY:S YOUNG REAMS AsSOCIATE GENER-\L COUNSEL
~/\~, .u!i "tJ, M~
(~~H.McNNR
'--REGIONAL ATTORNEY

SUPERVISORY TRIAL ATTORNEY

JJaN M.

CLICKNER

SENIOR TRIAL ATTOR,.,EY

Pa. I.D. No. 42738 EQUAL EMPLOYMENT OPPORTIJNITY COMMISSION Pittsburgh Area Office

Liberty Center, Suite 300

1001 Liberty Avenue

Pittsburgh, PA 15222

(412) 644-6439

(412) 644-4935 (facsimile)

jean.clickner@eeoc.gov

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 Case 2:06-cv-00769-JFC Document 10 Filed 08/11/2006 Page 1 of 30

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
and
ELYSE PEHEL Intervenor Plaintiff,
v.
GREG & DEB’S, INC., d/b/a NORTH PARK LOUNGE CLUBHOUSE, MARK & GREG’S, INC., d/b/a NORTH PARK LOUNGE CLUBHOUSE, DEBORAH MAGGIO As Executrix of the ESTATE OF GREG MAGGIO, and MITCHELL L. BREWER
Defendants.

) ) ) CIVIL ACTION NO. ) 06-0769 ) ) ) ) ) ) ) ) COMPLAINT, ) ) ) ) ) ) ) ) ) JURY TRIAL ) DEMANDED

COMPLAINT Plaintiff, Elyse Pehel, by and through her attorney Mark D. Schwartz, Esquire, as and for a Complaint against the above-named Defendants, alleges as follows:
JURISDICTION AND VENUE 1. Plaintiff invokes jurisdiction of this Court pursuant to 28 U.S.C.

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§§ 451, 1331, 1337, 1343 and 1345 and 42 U.S.C. Section 2000e-5(f). 2. Plaintiff requests that this court exercise supplemental
jurisdiction over Plaintiff’s state law claims pursuant to 28 U.S.C. Section 1367. Plaintiff’s state law claims are related to her federal claims and arise from the same nucleus of operative facts.
3. Plaintiff has complied with all jurisdictional prerequisites, including those set forth in 42. U.S.C. Section 2000e-5.
4. Plaintiff, in addition to declaratory and injunctive relief requests money damages, including but not limited to compensatory and punitive monetary damages for the redress of her injuries.
5. The unlawful employment practices alleged in this Complaint were committed within the jurisdiction of the Western District of Pennsylvania.
PARTIES 6. Intervenor Plaintiff, Elyse Pehel (hereinafter “Plaintiff ”) is a female citizen of the United States of America and currently resides with her parents at 135 Lowery Drive, Valencia, PA 16059. 7. At all relevant times, Defendant Greg & Deb’s, Inc. (referred to hereinafter in conjunction with Defendant Mark & Greg’s, Inc. as the “Employer”), has continuously been a Pennsylvania corporation,
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headquartered in Gibsonia, Pennsylvania and has continuously had at least 15 employees.
8. At all relevant times, Defendant Mark & Greg’s, Inc. (referred to hereinafter in conjunction with Defendant Greg & Deb’s, Inc. as the “Employer”), has continuously been a Pennsylvania corporation, headquartered in Gibsonia, Pennsylvania and has continuously had at least 15 employees.
9. At all relevant times, each Defendant Employer has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h) and the Pennsylvania Human Relations Act, 43 P.S. Section 954.
10. Defendant, Deborah Maggio is the Executrix of the Estate of Greg Maggio (hereinafter referred to as, “Defendant Maggio”), succeeding to the interest of Greg Maggio, who at all relevant times was a management employee and upon information and belief, an owner of Defendant Employer, until he died on or about September 22, 2005.
11. Defendant Mitchell L. Brewer (hereinafter, “Defendant Brewer”) was at all relevant times a management employee of Defendant Employer.
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ADMINISTRATIVE PROCEDURES 12. Plaintiff timely filed a charge of discrimination against Defendant Employer with the Equal Employment Opportunity Commision (hereinafter “EEOC”) on or about November 1, 2005 concerning Defendant Employer’s having engaged in unlawful employment practices, on or about August 1, 2005, in violation of 703(a)(1) of Title VII, 42 U.S.C.§ 2000e2(a)(1). 13. Plaintiff has complied with all administrative and judicial prerequisites for the institution of this Complaint under federal and state law. 14. On March 27, 2006 the EEOC made a Determination that Defendant Employer had engaged in sexual harassment and unlawful employment practices in violation of 703(a)(1) of Title VII, 42 U.S.C. Section 2000e-2(a)(1). 15. On or about June 12, 2006 the EEOC brought an action against Defendant Employer in the United States District Court for the Western District of Pennsylvania at Case Number 06-0769.
FACTUAL BACKGROUND 16. Defendant Employer jointly own and or operate at least one restaurant and family entertainment facility known as the North Park Lounge Clubhouse. One such facility is located in Gibsonia, Pennsylvania which is
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where Plaintiff was employed. A second North Park Lounge Clubhouse is located in Cranberry, Robinson Township, Pennsylvania. These two facilities are jointly owned/ and/or managed by the same principals, including Defendant Maggio, who own Mark& Greg’s Inc. and Greg & Deb’s Inc.
17. The North Park Lounge Clubhouse located in Gibsonia, consists of a restaurant, lounge, game room, basketball court and pool tables. The Clubhouse is a multi-use facility as it houses an adult bar, as well as a separate game room and restaurant for children. It is promoted as being “Perfect for Family Orientated Individuals” and highlights itself as one of the Pittsburgh area’s business restaurants serving more than 10,000 people per week. The Clubhouse claims to adhere to all applicable laws, including those pertaining to discrimination and harassment. It attracted Plaintiff as an employee as a result of its advertising itself as a family-oriented business. Its Employee Handbook provides that “Here at the Clubhouse we are an Equal Opportunity Employer. We do not hire on race, religion, or national origin. We also do not permit any form of Sexual Harassment.” As part of its enumerated Rules the handbook states that “Sexual harassment will not be tolerated.”
18. Plaintiff began her employment in early June, 2005 at the age
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of 19, as a hostess for the North Park Lounge Clubhouse located in Gibsonia. At all times during Plaintiff’s employment, Greg Maggio was in charge of and ran the North Park Lounge Clubhouse on behalf of Employer.
19. On August 1, 2005, Defendant Employer held a golf outing for patrons at the Pittsburgh North Golf Course in Bakerstown, Pennsylvania, a public golf course. As part of this sexually hostile work environment at which Plaintiff was required to work, she was told by Greg Maggio to work at hole number 16 and sell tickets for a raffle. She was instructed that she had to wear a bathing suit top and short skirt or shorts and a swimming suit top under a t-shirt, which she removed during the course of the day.
20. The hostile work environment complained of consisted of a generally sexually charged atmosphere and, explicitly, of two distinct incidents where Plaintiff was subjected to sexual harassment and unwanted touching by Greg Maggio and Defendant Brewer.
21. Defendant Employer had prior knowledge of problems with respect to Defendant Brewer’s behavior in the past; specific problems pertaining to alcohol and sexual harassment. Despite said prior knowledge, Defendant Brewer was encouraged and permitted by Defendant Employer to work at and otherwise participate in the golf outing.
22. On that day, Plaintiff was staffing a hole at the golf outing, as
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requested by Greg Maggio, wearing the outfit that she was instructed to wear by Greg Maggio.
23. During the late morning on the day of the golf event, Greg Maggio came up to Plaintiff and, with a black pen, wrote “Tips” on her chest with an arrow pointing down toward her breasts. Plaintiff did not consent to this action.
24. Later that afternoon, Defendant Brewer who was golfing with a group at the outing, arrived at the hole where Plaintiff was working. He requested that Plaintiff remove her top and show her breasts. She refused. Defendant Brewer then attempted to bargain with her, offering her increasing amounts of money to remove her top. When Plaintiff continued to refuse, Defendant Brewer pinned her arms, untied her bathing suit top, and let it fall. She was further restrained by her arms as she attempted to hold up the top. All the while Defendant Brewer said “Its okay, I’m a manager. It doesn’t matter.” Plaintiff protested that it did matter. Defendant Brewer instead said that he did not care and went to attempt to take off Plaintiff’s top.
25. So as to stop Defendant Brewer’s actions, Plaintiff called for help and attracted the attention of Chris Buckley, who was working at the next hole. This resulted in the incident’s discontinuation. With Plaintiff
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crying hysterically, Mr. Buckley tried to console and calm her. 26. That evening, Plaintiff reported to work her scheduled evening
shift at the restaurant/lounge. Her manager noticed that she was crying and took her aside to talk to her. At that time, Plaintiff revealed what had transpired to two of Defendant’s managers. They told her that the conduct was not uncharacteristic for Defendant Brewer and that this was not the first time that this sort of thing happened with him. They reported the events to Greg Maggio. Towards the end of Plaintiff’s shift, Defendant Brewer sought to play down the assault and his misbehavior asking if he and Plaintiff “were cool”. Plaintiff responded in the negative, returning to her home crying, afraid and unable to sleep.
27. The next morning, Plaintiff reported to work. Greg Maggio spoke with her about the events of the previous day and stated, “You know I was just joking around.” He also informed Plaintiff that Defendant Brewer was known to get “out of hand” when he was drinking. Defendant Maggio also told Plaintiff that Defendant Brewer would be banned from the next annual golf outing. Plaintiff’s reply was “Is that all ?”
28. Two days later, after repeated bouts of crying and inability to sleep as a result of what happened, Plaintiff realized that she could not return to work for Defendant at the North Park Lounge Clubhouse. As a
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result of what she sustained at the golf outing and Defendant Employer’s lack of remedial action, Plaintiff had no course but to resign, which she did, as a result of discussions with her parents and her mother’s subsequent conversation with Greg Maggio.
29. Given its prior knowledge of Defendant Brewer’s and Greg Maggio’s proclivities, Defendant Employer could have, but failed to prevent the damages sustained by Plaintiff from happening in the first place.
30. Defendant Employer was at all times aware of what happened to Plaintiff, but refused to take any remedial action after Plaintiff complained of the incidents that took place.
31. The aforementioned, unlawful employment practices, were and are intentional and were done with malice or reckless indifference to Plaintiff’s rights protected by the laws of the United States, as well as statutory law of the Commonwealth of Pennsylvania. These unlawful acts were committed because of her sex. She was forced to quit because she engaged in the protected activity of reporting the incident to her superiors who did nothing.
32. The effect of the aforementioned practices has been to deprive Plaintiff of equal employment opportunities and otherwise adversely affect her status as an employee, because of her sex.
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33. The aforementioned actions of all Defendants have also separately caused Plaintiff to suffer injury and damages in contravention of Pennsylvania common law.
COUNT I SEXUAL HARASSMENT AND SEXUAL DISCRIMINATION IN
VIOLATION OF TITLE VII Plaintiff vs. Defendant Employer 34. Plaintiff realleges paragraphs 1 to 33 and incorporates them by reference as paragraphs 1 to 33 of Count I of this Complaint. 35. Title VII of the Civil Rights Act of 1964, 42 U.S.C., Section 2000 et seq, as amended by the Civil Rights Act of 1991 (“Title VII”), makes it unlawful to discriminate against any individual in the terms, conditions, or privileges of employment on the basis of gender or sex. 36. Plaintiff Elyse Pehel is female. 37. Defendant Employer is liable for discrimination alleged herein under the doctrine of respondeat superior. 38. Sexual harassment that creates an abusive and hostile work environment, such that the conditions of employment are altered, is actionable under Title VII as sexual or gender-based discrimination. 39. With respect to allegations of sexual harassment, Defendant Employer is strictly liable for the acts of its supervisory employees because
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the harassers used their actual or apparent authority to further the unlawful conduct, and were otherwise aided in accomplishing the unlawful conduct by the existence of an agency relationship.
40. Defendant Employer is liable for the acts of management and co-workers of Plaintiff because Defendant Employer provided no reasonable avenue of complaint.
41. Defendant Employer is liable for the acts of management and co-workers, including Defendants Maggio and Brewer, because it knew of this harassment but did nothing about it.
42. Defendant Employer is liable for the acts of management and co-workers, including Greg Maggio and Defendant Brewer, because it knew of the proclivities and past practices of personnel involved but did nothing about it.
43. Defendant Employer is liable for the acts alleged herein because the Defendant Employer’s founding family members, top echelon, and management established the corporate culture at the Company, which encouraged sexual discrimination and harassment.
44. The hostile work environment was sufficiently severe and pervasive such that it altered the condition of Plaintiff’s employment, affected the terms, conditions and privileges thereof in violation of Title VII,
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and resulted in Plaintiff’s quitting her employment amidst circumstances that certainly can be characterized as constituting constructive discharge from her position.
45. Based upon the foregoing, Defendant Employer has discriminated against Plaintiff on the basis of her sex and has deprived her of her rights in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. Section 2000e et seq.
46. As a result of such conduct by Defendant Employer, Plaintiff has suffered damages and is entitled to back pay, front pay, and compensatory damages for, among other things, emotional trauma and the physical consequences thereof suffered by Plaintiff as a consequence of Defendant Employer’s illegal conduct.
47. Because Defendant Employer’s discriminatory treatment of Plaintiff was willful and/or in reckless disregard of Plaintiff’s federallyprotected rights, Plaintiff is entitled to an award of punitive damages against Defendant Employer.
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COUNT II SEXUAL HARASSMENT AND SEXUAL DISCRIMINATION IN VIOLATION OF THE PENNSYLVANIA HUMAN RELATIONS ACT
Plaintiff vs. Defendant Employer 48. Plaintiff realleges paragraphs 1 to 47 and incorporates them by reference as paragraphs 1 to 47 of Count II of this Complaint. 49. The Pennsylvania Human Relations Act, 43 P.S. Section 955 et seq. makes it unlawful to discriminate against any individual in the terms, conditions, or privileges of employment on the basis of gender or sex. 50. Plaintiff Elyse Pehel is female. 51. Defendant Employer is liable for discrimination alleged herein under the doctrine of respondeat superior. 52. Sexual harassment that creates an abusive and hostile work environment, such that the conditions of employment are altered, is actionable under the Pennsylvania Human Relations Act, as sexual or gender-based discrimination. 53. With respect to allegations of sexual harassment, Defendant Employer is strictly liable for the acts of its supervisory employees because the harassers used their actual or apparent authority to further the unlawful conduct and were otherwise aided in accomplishing the unlawful conduct by the existence of an agency relationship.
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54. Defendant Employer is liable for the acts of management and co-workers of Plaintiff because Defendant Employer provided no reasonable avenue of complaint.
55. Defendant Employer is liable for the acts of management and co-workers, including Greg Maggio and Defendant Brewer, because it knew of this harassment, but did nothing about it.
56. Defendant Employer is liable for the acts of management and co-workers, including Greg Maggio and Defendant Brewer, because it knew of the proclivities and past practices of personnel involved, but did nothing about it.
57. Defendant Employer is liable for the acts alleged herein because the Defendant Employer’s founding family members, top echelon, and management established the corporate culture at the Company, which encouraged sexual discrimination and harassment.
58. The hostile work environment was sufficiently severe and pervasive such that it altered the condition of Plaintiff’s employment, affected the terms, conditions and privileges thereof in violation of the Pennsylvania Human Relations Act, and resulted in Plaintiff’s quitting her employment amidst circumstances that certainly can be characterized as constituting constructive discharge from her position.
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59. Based upon the foregoing, Defendant Employer has discriminated against Plaintiff on the basis of her sex and has deprived her of her rights in violation of Pennsylvania Human Relations Act, 43 P.S. Section 955 et seq.
60. As a result of such conduct by Defendant Employer, Plaintiff has suffered damages and is entitled to back pay, front pay, and compensatory damages for, among other things, emotional trauma and the physical consequences thereof suffered by Plaintiff as a consequence of Defendant Employer’s illegal conduct.
61. Because Defendant Employer’s discriminatory treatment of Plaintiff was willful and/or in reckless disregard of Plaintiff’s federallyprotected rights, Plaintiff is entitled to an award of punitive damages against Defendant Employer.
COUNT III WRONGFUL SUPERVISION AND RETENTION OF GREGORY MAGGIO IN VIOLATION OF PENNSYLVANIA COMMON LAW
Plaintiff vs. Defendant Employer
62. Plaintiff realleges paragraphs 1 through 61 and incorporates them by reference as paragraphs 1 through 61 of Count III of this Complaint.
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63. Pennsylvania common law recognizes the tort of wrongful supervision and retention where the employer fails to exercise ordinary care to prevent an intentional harm to a third-party, which is committed by an employee, even acting outside the scope of his employment and is reasonably foreseeable.
64. Given Defendant Employer’s knowledge of what happened at these golf outings, as well as the nature and tendencies of its employee and manager, Greg Maggio, Defendant Employer’s inaction rises to the intentional tort of wrongful supervision and retention of Defendant Maggio.
65. Because Defendant Employer’s treatment of Plaintiff was willful and/or in reckless disregard of Plaintiff’s common law rights, Plaintiff is entitled to an award of punitive damages against Defendant Employer.
COUNT IV WRONGFUL SUPERVISION AND RETENTION OF MITCHELL
BREWER IN VIOLATION OF PENNSYLVANIA COMMON LAW Plaintiff vs. Defendant Employer
66. Plaintiff realleges paragraphs 1 through 65 and incorporates them by reference as paragraphs 1 through 65 of Count IV of this Complaint.
67. Pennsylvania common law provides for the tort of wrongful
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supervision and retention of an employee. 68. Given Defendant Employer’s knowledge of what happened at
these golf outings, as well as the nature and tendencies of its employee and manager, Mitchell Brewer, Defendant Employer’s inaction rises to the intentional tort of wrongful supervision and retention of Mitchell Brewer.
69. Because Defendant Employer’s treatment of Plaintiff was willful and/or in reckless disregard of Plaintiff’s common law rights, Plaintiff is entitled to an award of punitive damages against Defendant Employer.
COUNT V NEGLIGENT SUPERVISION AND RETENTION OF GREGORY MAGGIO IN VIOLATION OF PENNSYLVANIA COMMON LAW
Plaintiff vs. Defendant Employer 70. Plaintiff realleges paragraphs 1 through 69 and incorporates them by reference as paragraphs 1 through 69 of Count V of this Complaint. 71. Pennsylvania common law recognizes the tort of negligent supervision and retention of an employee. 72. Given Defendant Employer’s knowledge of what happened at these golf outings, as well as the nature and tendencies of its employee and manager, Greg Maggio, Defendant Employer is liable in negligence for its failure to exercise ordinary care to prevent intentional harm to the Plaintiff
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by an employee, even if the employee is acting outside the scope of his employment, as long as what took place was reasonably foreseeable.
73. Because Defendant Employer’s treatment of Plaintiff was willful and/or in reckless disregard of Plaintiff’s common law rights, Plaintiff is entitled to an award of punitive damages against Defendant Employer.
COUNT VI NEGLIGENT SUPERVISION AND RETENTION OF MITCHELL BREWER IN VIOLATION OF PENNSYLVANIA COMMON LAW
Plaintiff vs. Defendant Employer
74. Plaintiff realleges paragraphs 1 through 73 and incorporates them by reference as paragraphs 1 through 73 of Count VI of this Complaint.
75. Pennsylvania common law provides for the tort of negligent supervision and retention of an employee.
76. Given Defendant Employer’s knowledge of what happened at these golf outings, as well as the nature and tendencies of its employee and manager, Defendant Brewer, Defendant Employer is liable in negligence for its failure to exercise ordinary care to prevent intentional harm to the Plaintiff by an employee, even if the employee is acting outside the scope of
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his employment, as long as what took place was reasonably foreseeable . 77. Because Defendant Employer’s treatment of Plaintiff was
willful and/or in reckless disregard of Plaintiff’s common law rights, Plaintiff is entitled to an award of punitive damages against Defendant Employer.
COUNT VII. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
IN VIOLATION OF PENNSYLVANIA COMMON LAW Plaintiff vs. Defendants Deborah Maggio as Executrix of the Estate of Greg Maggio, Brewer and Employer
78. Plaintiff realleges paragraphs 1 through 77 and incorporates them by reference as paragraphs 1 through 77 of Count VII of this Complaint.
79. Pennsylvania common law recognizes a cause of action for intentional infliction of emotional distress, which makes unlawful certain extreme and outrageous conduct, including sexual actions alleged herein, that result in severe emotional distress and was intended or committed with a disregard for a substantial probability of causing such distress.
80. By their actions alleged herein Defendant Employer and its managers and employees, Greg Maggio and Defendant Brewer, maliciously embarked on a course of conduct willfully.
19

Case 2:06-cv-00769-JFC Document 10 Filed 08/11/2006 Page 20 of 30
81. Defendant Employer directed, encouraged, and participated in the wrongful conduct alleged herein.
82. As a result of the named Defendants’ conduct, Plaintiff has become tense, nervous, irritable, depressed and has suffered great mental anguish that has included a great deal of mental and physical suffering and inconvenience.
83. Because Defendants’ treatment of Plaintiff was willful and/or in reckless disregard of Plaintiff’s common law rights, Plaintiff is entitled to an award of punitive damages against all Defendants named herein.
COUNT VIII NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS IN
VIOLATION OF PENNSYLVANIA COMMON LAW Plaintiff vs. Defendants Deborah Maggio as Executrix of the
Estate of Greg Maggio, Brewer and Employer
84. Plaintiff realleges paragraphs 1 through 83 and incorporates them by reference as paragraphs 1 through 83 of Count VIII of this Complaint.
85. Pennsylvania common law recognizes a cause of action for negligent infliction of emotional distress, which makes unlawful the failure to exercise due care for the protection of others against unreasonable risk, or
20

Case 2:06-cv-00769-JFC Document 10 Filed 08/11/2006 Page 21 of 30
which constitutes an unintentional breach of a legal duty causing damage which is foreseeable and without which the damage would not have occurred. This includes the actions alleged herein, that result in severe emotional distress.
86. By their actions alleged herein, Defendant Employer’s and its managers and employees, including Greg Maggio and Defendant Brewer, owed Plaintiff a cognizable duty of care. They failed to exercise that duty and Plaintiff suffered severe emotional distress without any just cause or provocation in violation of State law.
87. As a result of Defendant Employer’s conduct and the conduct of Greg Maggio and Defendant Brewer, Plaintiff has become tense, nervous, irritable, depressed and has suffered great mental anguish that has included a great deal of mental and physical suffering and inconvenience.
88. Because Defendant Employer’s, Greg Maggio’s, and Defendant Brewer’s treatment of Plaintiff was willful and/or in reckless disregard of Plaintiff’s common law rights, Plaintiff is entitled to an award of punitive damages against all Defendants named.
21

Case 2:06-cv-00769-JFC Document 10 Filed 08/11/2006 Page 22 of 30
COUNT IX FRAUDULENT MISREPRESENTATION IN VIOLATION OF
PENNSYLVANIA COMMON LAW Plaintiff vs. Defendant Employer
89. Plaintiff realleges paragraphs 1 through 88 and incorporates them by reference as paragraphs 1 through 88 of Count IX of this Complaint.
90. Pennsylvania common law recognizes a cause of action for Intentional and fraudulent misrepresentation consisting of the making of a false material representation by one party, where that party knew of its falsity with the intent to deceive and induce the other party to act upon it, all of which results in injury to the other party.
91. The promotional materials authored and distributed by Defendant Employer as well as the Employee Handbook, hereinbefore cited, containing representations as to a family oriented place of business, a commitment to the law, and progressive values, all constituting representations of management to the same effect, were all fraudulent misrepresentations.
92. Plaintiff was ignorant of the falsity of these representations,
22

Case 2:06-cv-00769-JFC Document 10 Filed 08/11/2006 Page 23 of 30
relied on them and acted to her detriment. Plaintiff’s reliance on Defendant Employer’s statements was both reasonable and foreseeable.
93. Plaintiff has suffered specific monetary loss as a result of the false statements which were intentionally made, resulting in damages in an amount to be determined at trial.
94. Because Defendant Employer’s treatment of Plaintiff was willful and/or in reckless disregard of Plaintiff’s common law rights, Plaintiff is entitled to an award of punitive damages against Defendant Employer.
COUNT X NEGLIGENT MISREPRESENTATION IN VIOLATION OF
PENNSYLVANIA COMMON LAW Plaintiff vs. Defendant Employer
95. Plaintiff realleges paragraphs 1 through 94 and incorporates them by reference as paragraphs 1 through 94 of Count X of this Complaint.
96. Pennsylvania common law recognizes a cause of action for negligent misrepresentation consisting of the making of a false material representation by one party, made under circumstances in which the misrepresenter ought to have known of its falsity; with the intent to induce the other party to act upon it, all of which results in injury to the other party.
97. The promotional materials authored and distributed by
23

Case 2:06-cv-00769-JFC Document 10 Filed 08/11/2006 Page 24 of 30
Defendant Employer as well as the Employee Handbook, hereinbefore cited, containing representations as to a family oriented place of business, a commitment to the law, and progressive values, all constituting representations of management to the same effect, were all fraudulent misrepresentations.
98. Plaintiff was ignorant of the falsity of these representations, relied on them and acted to her detriment. Plaintiff’s reliance on Defendant Employer’s statement was both reasonable and foreseeable.
99. Plaintiff has suffered specific monetary loss as a result of the false statements which were negligently made, resulting in damage to her in an amount to be determined at trial.
100. Because Defendant Employer’s treatment of Plaintiff was willful and/or in reckless disregard of Plaintiff’s common law rights, Plaintiff is entitled to an award of punitive damages against Defendant Employer.
COUNT XI ASSAULT IN VIOLATION OF PENNSYLVANIA COMMON LAW
Plaintiff vs. Defendants Employer, Deborah Maggio as Executrix of the Estate of Greg Maggio, Brewer and Employer
101. Plaintiff realleges paragraphs 1 through 100 and incorporates
24

Case 2:06-cv-00769-JFC Document 10 Filed 08/11/2006 Page 25 of 30
them by reference as paragraphs 1 through 100 of Count XI of this Complaint.
102. Pennsylvania common law recognizes a cause of action for assault which consists of the intentional placing of another party in fear of imminent harmful or offensive conduct.
103. Greg Maggio’s and Defendant Brewer’s actions described hereinbefore caused Plaintiff to suffer physical assault in violation of State law.
104. Given Defendant Employer’s knowledge of the nature of prior golf outings held by it as well as the known tendencies and proclivities of Greg Maggio and Defendant Brewer, Defendant Employer could have reasonably anticipated and could have prevented such assaults.
105. As a result of Defendants’ conduct, Plaintiff was placed in fear of imminent harmful or offensive conduct.
106. Because Defendants’ treatment of Plaintiff was willful and/or in reckless disregard of Plaintiff’s common law rights, Plaintiff is entitled to an award of punitive damages against Defendants.
25

Case 2:06-cv-00769-JFC Document 10 Filed 08/11/2006 Page 26 of 30
COUNT XII BATTERY IN VIOLATION OF PENNSYLVANIA COMMON
LAW Plaintiff vs. Defendants Employer, Deborah Maggio as Executrix of the
Estate of Greg Maggio, and Brewer 107. Plaintiff realleges paragraphs 1 through 106 and incorporates them by reference as paragraphs 1 through 106 of Count XII of this Complaint. 108. Pennsylvania common law recognizes a cause of action for battery which consists of the intentional physical contact upon a party without that party’s consent. 109. Greg Maggio’s and Defendant Brewer’s actions described hereinbefore caused Plaintiff to suffer physical assault in violation of State law. 110. Given Defendant Employer’s knowledge of the nature of prior golf outings held by it as well as the known tendencies and proclivities of Greg Maggio and Defendant Brewer, Defendant Employer could have reasonably anticipated and could have prevented such battery. 111. As a result of Defendants’ conduct, Plaintiff suffered such offensive physical contact without her consent.
26

Case 2:06-cv-00769-JFC Document 10 Filed 08/11/2006 Page 27 of 30
112. Because Defendants’ treatment of Plaintiff was willful and/or in reckless disregard of Plaintiff’s common law rights, Plaintiff is entitled to an award of punitive damages against Defendants.
COUNT XIII FALSE IMPRISONMENT IN VIOLATION OF
PENNSYLVANIA COMMON LAW Plaintiff vs. Defendant Employer and Brewer
113. Plaintiff realleges paragraphs 1 through 112 and incorporates them by reference as paragraphs 1 through 112 of Count XIII of this Complaint.
114. Pennsylvania common law recognizes a cause of action for false imprisonment which consists of the unlawful detention of another’s person, for any length of time, whereby he or she is deprived of his or her personal liberty.
115. Defendant Brewer’s actions described hereinbefore caused Plaintiff to be falsely imprisoned in violation of State law.
116. Given Defendant Employer’s knowledge of the nature of prior golf outings held by it, as well as the known tendencies and proclivities of Defendant Brewer, Defendant Employer could have reasonably anticipated and could have prevented such false imprisonment.
27

Case 2:06-cv-00769-JFC Document 10 Filed 08/11/2006 Page 28 of 30
117. As a result of Defendants’ conduct, Plaintiff suffered such false imprisonment.
118. Because Defendants’ treatment of Plaintiff was willful and/or in reckless disregard of Plaintiff’s common law rights, Plaintiff is entitled to an award of punitive damages against Defendants.
COUNT XIV BREACH OF CONTRACT UNDER PENNSYLVANIA
COMMON LAW Plaintiff vs. Defendant Employer 119. Plaintiff realleges paragraphs 1 through 118 and incorporates them by reference as paragraphs 1 through 118 of Count XIV of this Complaint. 120. Pennsylvania law recognizes a cause of action for breach of contract wherein a party is induced into employment by virtue of representations of another party. 121. As referenced herein, Defendant Employer’s written materials, referencing a family oriented atmosphere and its Employee Handbook contained representations of an atmosphere free of sexual harassment and otherwise compliant with the law, served as an inducement for Plaintiff to enter into Defendant Employer’s employ. This inducement by Defendant Employer, together with Plaintiff’s reliance, and agreement to work, resulted
28

Case 2:06-cv-00769-JFC Document 10 Filed 08/11/2006 Page 29 of 30
in a contract. 122. The failure of Defendant Employer to provide that atmosphere
constituted a breach of that agreement. 123. As a result of Defendant Employer’s conduct and breach of
contract, Plaintiff has suffered damages. WHEREFORE, Plaintiff requests that the Court find in her favor and
against Defendant Employer as follows: (a) Declare that, pursuant to Count I hereof, the acts and conduct of
Defendant Employer violated Title VII of the Civil Rights Act of 1964 and 1991 ;
(b) Declare that, pursuant to Counts II hereof, the acts and conduct of Defendant Employer violated the Pennsylvania Human Relations Act;
(c) Declare that, pursuant to Counts III through XIV hereof, that acts and conduct of Defendant Employer violate Plaintiff’s rights under the Pennsylvania common law.
(d) Award Plaintiff the value of all compensation and benefits lost as a result of Defendant Employer’s unlawful conduct, including, but not limited to back pay, reinstatement or, in lieu of reinstatement, front pay, liquidated damages, punitive damages, special damages, interest, costs and attorneys fees; and
29

Case 2:06-cv-00769-JFC Document 10 Filed 08/11/2006 Page 30 of 30

(e) proper.

Award Plaintiff such other relief as this Court deems just and

JURY TRIAL DEMAND

Plaintiff Elyse Pehel requests a jury trial on all questions of fact raised by her Complaint.

Dated: August 11, 2006

Respectfully Submitted,
/s/ Mark D. Schwartz Mark D. Schwartz, Esquire Pa ID 30527 Attorney for Intervenor Plaintiff, Elyse Pehel MSchwa6814@aol.com PO Box 330 Bryn Mawr, PA 19010 Telephone and fax: 610 525-5534

30

 
 Case 2:06-cv-00769-JFC Document 34 Filed 03/05/2007 Page 1 of 11

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANLA

EQUAL EMPLOYMENT OPPORTUNITY, Plaintiff

v.
GREG & DEB'S, INC., d/b/a NORTH PARK LOUNGE CLUBHOUSE, et al.
Defendants

1
) CIVIL ACTION NO. 06-0769 ) CONTI, J.

CONSENT DECREE INTRODUCTION
A. This action was instituted by the United States Equal Employment Opportunity Commission ("the EEOC") on June 12, 2006, against Defendant Greg & Deb's, Inc., et al., to enforce provisions of Title VII of the Civil Rights of 1964, as amended, 42 U.S.C. G2000e et seq. ("Title VII"). The EEOC alleged that Defendant, Greg & Deb's, Inc. subjected a former employee, Elyse Pehel, to a hostile work environment based on sex.
B. This Consent Decree is entered into by the EEOC and Greg & Deb's, Inc. This Consent Decree shall be final and binding between the EEOC and Greg & Deb's, Inc., its directors, officers, agents, employees.
C. The EEOC and Greg & Deb's, Inc. do hereby agree to the entry of this Consent Decree, which shall fully and finally resolve all claims which were raised by the EEOC in its Complaint in Civil Action No.06-0769. This ConsentDecree shall not constitute an adjudicationof or finding on the merits of the case, cannot be used as evidence in any other lawsuit or claim, and shall not be construed as an admission by Greg & Deb's, Inc. of any violation of Title VII.

Case 2:06-cv-00769-JFC Document 34 Filed 03/05/2007 Page 2 of 11
CONSENT DECREE Upon consent of the parties to this action, it is hereby ORDERED, ADJUDGED, and DECREED that:
NON-DISCRIMINATION AND NON-RETALIATION 1. This Court has jurisdiction over the parties and the subject matter of this action. 2. Greg & Deb's, Inc. shall not engage in any employment practice at the North Park Lounge Clubhouse in Gibsonia, Pennsylvania(referredto hereinafter as "NPLC") which constitutes unlawful discrimination under Title VII. Specifically, Greg & Deb's, Inc. shall not create, foster or tolerate a hostile work environment based on sex at the NPLC. 3. Greg & Deb's, Inc. shall not engage in any employmentpractices at the NPLC which retaliate in any manner against any person, includingbut not limited to Elyse Pehel, because of that person's opposition to any practice alleged or believed to be unlawful under Title VII, or because of the filing of a charge, the giving of testimony or assistance, or the participation in any manner in any investigation, hearing or proceeding under Title VII. 4. Greg & Deb's, Inc., through its managers or agents with authority to act on its behalf, shall not divulge, directly or indirectly, to any employer or potential employer of Elyse Pehel any of the facts or circumstances related to the charge of discrimination against Greg & Deb's, Inc. or any of the events relating to Elyse Pehel's participation in the litigation of this matter, except that Greg & Deb's, Inc. may disclose such information if compelled by subpoena or other court order directing such disclosure. 5 . Greg & Deb's, Inc. shall comply fully with all provisions ofTitle VII. Nothng in this Consent Decree, either by inclusion or exclusion, shall be construed to limit the obligations of Greg

Case 2:06-cv-00769-JFC Document 34 Filed 03/05/2007 Page 3 of 11
& Deb's, Inc. under Title VII or the EEOC's authority to process or litigate any charge of
discrimination which may be filed against Greg & Deb's, Inc. in the future. MONETARY RELIEF
6 . Greg & Deb's, Inc. agrees to pay monetary relief to Ms. Pehel in the amount of One Hundred and Fifty Thousand Dollars and No Cents ($150,000.00). The check will be made out to "Elyse Pehel and Mark Schwartz, Esq." No portion of this amount paid to Ms. Pehel shall be considered compensation for lost wages, and so no withholdings shall be made from those h d s provided that such withholding is not required by a determinationby the Internal Revenue Service. Defendant will issue an IRS Form 1099 to Ms. Pehel with respect to payments made. In order to receive the monetaryrelief, Ms. Pehel must execute a Release. Within fifteen (15) business days of receipt of the Release, Greg & Deb's, Inc. will mail the check for monetary relief to Ms. Pehel's attorney, Mark D. Schwartz, Esquire, P.O. Box 330, Bryn Mawr, Pennsylvania 19010-0330. Greg & Deb's, Inc. will mail a photocopy of the check to the EEOC, to the attention of M. Jean Clickner, Senior Trial Attorney, Equal Employment Opportunity Commission, 1001 Liberty Avenue, Suite 300, Pittsburgh, PA 15222, within five days of the date of mailing of the check to Ms. Pehel's attorney.
POSTING OF NOTICE 7. Within ten (10) business days after entry of this Decree, Greg & Deb's, Inc. shall post same-sized copies of the Notice attached as Exhibit 1 to this Decree on all bulletin boards usually used by Greg & Deb's, Inc. for communicating with employees at the NPLC and at any other restaurant in which the individual owner(s) of Greg & Deb's, Inc. have an ownership interest. The Notice shall remain posted for four (4) years from the date of entry of this Decree.

Case 2:06-cv-00769-JFC Document 34 Filed 03/05/2007 Page 4 of 11
Counsel for Greg & Deb's, Inc. shall provide a copy of the Notice, and an indication of the date and location(s) of its posting, to the EEOC's Pittsburgh Office, attention M. Jean Clickner, Senior Trial Attorney, within ten (10) days of the posting. Greg & Deb's, Inc. shall permit a representative of the EEOC to enter its premises for purposes of verifying compliance with this Paragraph at any time during normal business hours without prior notice. Greg & Deb's, Inc. shall take all reasonable steps to ensure that the posting is not altered, defaced or covered by any other material. Should the posted copies become defaced, removed, marred, or otherwise illegible, Greg & Deb's, Inc. agrees to immediately post a readable copy in the same manner as heretofore specified.
RECORD KEEPING 8. For a period of four (4) years following entry of this Decree, Greg & Deb's, Inc. shall maintain and make available for inspection and copying by the EEOC records of each complaint of any incident of sexual harassment of which it receives notice under its policy occurring at its NPLC location. Each such report shall indicate the date the complaint of sexual harassment was made, who made it, what was alleged, and what actions Greg & Deb's, Inc. took to resolve the matter. Greg & Deb's, Inc. shall also make records of all actions it takes to prevent sexual harassment at theNPLC during the duration of this Decree. By designating an incident or complaint as "an incident of sexual harassment" Greg & Deb's, Inc. does not admit that such incident or complaint constitutes unlawful conduct under Title VII. 9. Greg & Deb's, Inc. shall make all documents or records referred to in Paragraph 8, above, available for inspection and copying within ten (10) business days after the EEOC so requests. In addition, Greg & Deb's, Inc. shall make available for interview all persons within its

Case 2:06-cv-00769-JFC Document 34 Filed 03/05/2007 Page 5 of 11
employ who the EEOC reasonably requests for purposes of verifying compliance with this Decree
and shall permit a representative of the EEOC to enter its premises for such purposes on five (5) business days advance notice by the EEOC.
10. Nothing contained in this Decree shall be construed to limit any obligation Greg & Deb's, Inc. may otherwise have to maintain records under Title VII or any other law or regulation.
REPORTING 11. Greg & Deb's, Inc. shall h i s h to the EEOC the following written semi-annual reports for a period of four (4) years following entry of this Decree. The first report shall be due six (6) months after entry of the Decree. The final report shall be due forty-eight (48) months after entry of the Decree. Each such report shall contain: (a) A summary of the informationrecorded by Greg &Deb's, Inc. pursuant to Paragraph 8, includingthe name of the complainant,the allegationof the complaint and the actiontaken by Greg & Deb's, Inc. in response to said complaint; and, (b) A certification by Greg & Deb's, Inc. that the Notice required to be posted in Paragraph 7, above, remained posted during the entire six (6) month period preceding the report.
TRAINING 12. During the term of this Decree, Greg & Deb's, Inc. shall provide training on the requirements of Title VII on the following terms: (a) Greg & Deb's, Inc. agrees to provide annual training to all of its employees at the
NPLC by a trainer or vendor approved by the EEOC to provide training on an employee's rights and the employer's obligations under Title VII. This training will

Case 2:06-cv-00769-JFC Document 34 Filed 03/05/2007 Page 6 of 11

emphasize what constitutes unlawful harassment in the workplace, how to keep the company free of any such form of discrimination, and what constitutes unlawful retaliation. In the event an employee is unable to attend the annual training, Greg & Deb's, Inc. will show the training required by this Consent Decree by way of videotape, DVD, CD rom, written materials or on-line training. (b) The training will be provided to all Greg & Deb's, Inc. employees, including temporary employees employed at the time of the training. In the event an employee is hired after the date of the required training session to be held in 2007, 2008, and 2009, Greg & Deb's, Inc. agrees that, as part of the new employee orientation, it will show the training required by this Consent Decree by way of videotape, DVD, CD rom, written materials or on-line training. Records of the new employee orientation will be maintained and will be made available to EEOC for inspection and copying at the EEOC's request. A registry of attendance shall be retained by Greg & Deb's, Inc.. for the duration of the Consent Decree. (c) Greg & Deb's, Inc. shall first provide training in accordance with Paragraph 12(a)on or before June 1,2007. Greg & Deb's, Inc. shall then also provide such training on at least one occasion in calendar year 2008,2009 and 2010. 13. In addition to the training describedin Paragraph 12,Greg & Deb's, Inc. shallprovide training to all appropriate supervisory and management personnel at the Gibsonia location regarding conducting a prompt and effective investigation into allegations, complaints, or charges of employment discrimination. 14. Greg & Deb's, Inc. shall obtain the EEOC's approval ofits proposed training vendor

617401

6

Case 2:06-cv-00769-JFC Document 34 Filed 03/05/2007 Page 7 of 11
~ r i otro each year's training sessions. Greg &Deb's, Inc. shall submit the name, address, telephone number and resume of the proposed training vendor, together with the date(s) of the proposed training sessions to the EEOC within forty (40) calendar days prior to the first day of the proposed date(s) of training. The EEOC shall have ten (10) calendar days from the date of receipt of the information described above to accept or reject the proposed trainer(s) and approval of the proposed trainer will not be unreasonably denied. In the event, however, that the EEOC does not approve Greg & Deb's, Inc.'s designated trainer(s), Greg & Deb's, Inc. shall have ten (10) calendar days to identify an alternate trainer. The EEOC shall have ten (1.0)calendar days from the date of receipt of the information described above to accept or reject the alternate trainer. In the event the EEOC does not approve Greg & Deb's, Inc.'s alternate trainer, the EEOC shall designate the trainer to be retained and paid for by Greg & Deb's, Inc. Even though the EEOC has approved of or designated a trainer to provide training for one year, it is not required to approve of or designate the same trainer for future training sessions.
15. Greg & Deb's, Inc. agrees to provide the EEOC with any and all copies of pamphlets, brochures, outlines or other written materials provided to the participants of the training sessions.
16. Greg & Deb's, Inc. shall certify to the EEOC in writing within five (5) business days after the training sessions required by Paragraphs 12and 13above have occurred that the traininghas taken place and that the required personnel have attended. Such certification shall include: (i) the dates, location and duration of the training session; (ii) a copy of the registry of attendance, which shall include the name and position of each person in attendance; and (iii) a listing of all current employees, including temporary employees, as of the date of the training.

Case 2:06-cv-00769-JFC Document 34 Filed 03/05/2007 Page 8 of 11
DISPUTE RESOLUTION
17. In the event that either party to this Decree believes that the other party has failed to comply with any provision(s) of the Decree, the complaining party shall notify the other party of the alleged non-compliance within ten (10) days of the alleged non-compliance and shall afford the alleged non-complying party thirty (30) business days to remedy the non-compliance or to satisfy the complaining party that the alleged non-complying party has complied. If the alleged non-complying party has not remedied the alleged non-compliance or satisfied the complaining party that it has complied within thirty (30) business days, the complaining party may apply to the Court for appropriate relief.
MISCELLANEOUS PROVISIONS 18. Each party to this Decree shall bear its own expenses, costs and attorneys' fees. 19. The terms of this Decree are and shall be binding upon the present and hture representatives, agents, directors, or officers of Greg & Deb's, Inc. in their capacities as representatives, agents, directors and officers of Greg & Deb's, Inc., and not in their individual capacities. This paragraph shall not be construed as placing any limit on remedies available to the Court in the event that any party to this Decree is found to be in contempt for a violation of this Decree. 20. This Consent Decree shall hlly and finally resolve all claims which were raised by t h e EEOC in its Complaint in Civil Action No. 06-CV-0769 (W.D. PA). 21. This Consent Decree shall be filed in the United States District Court for the Western District of Pennsylvania and shall continue to be in effect for a period of four (4) years. Any application by any party to modify or vacate this Consent Decree during such period shall be made

Case 2:06-cv-00769-JFC Document 34 Filed 03/05/2007 Page 9 of 11
by motion to the Court on no less than thirty (30) days notice to the other party. 22. The Court retains jurisdiction over this case in order to enforce the terms of the
Consent Decree. 23. The Clerk of the District Court is hereby directed to send a file-stamped copy of this
Consent Decree to counsel of record.

Case 2:06-cv-00769-JFC Document 34 Filed 03/05/2007 Page 10 of 11

IT IS SO ORDERED:

Pa. I.D. No. 42738 EQUAL EMPLOYMENT COMMISSION Pittsburgh Area Office Liberty Center, Suite 300 1001 Liberty Avenue Pittsburgh, PA 15222 (412) 644-6439 (412) 644-4935 (facsimile) jean.clickner@,eeoc.nov

OPPORTUNITY

BY THE COURT: JOY FLOWERS CONTI UNITED STATES DISTRICT JUDGE

DATE:

Case 2:06-cv-00769-JFC Document 34 Filed 03/05/2007 Page 11 of 11

EXHIBIT 1

NOTICE TO ALL NORTH PARK LOUNGE CLUBHOUSE EMPLOYEES
This Notice is being posted pursuant to a Consent Decree entered by the federal court in EEOC v. Greg & Deb's, Inc. d/b/a North Park Lounge Clubhouse, et al., Civil Action Number 06-CV-0769 (W.D. PA.), resolving a lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") against Greg & Deb's, Inc.
TitleW of the Civil Rights Act of 1964,42 U.S.C. Section 2000e, et seq.,as amended, ("Title W"), prohibits discrimination against employees and applicants for employment based upon race, color, sex, religion, or national origin. Title VII further prohibits retaliation against employees or applicants who avail themselves of the rights under Title VII by engagmg in protected activities, such as filing a charge of discrimination and/or testifying or participating in a Commission investigation. The EEOC is the federal agency which investigates charges of unlawful employment discrimination. The EEOC has the authority to bring lawsuits in federal court to enforce Title VII.

In its lawsuit,the EEOC alleged that Greg & Deb's, Inc. subjecteda female employeeto a hostilework environment based on sex in violation of Title W. Greg & Deb's, Inc. denies these allegations.

To resolve the case, Greg & Deb's, Inc. and the EEOC have entered in to a Consent Decree which provided, among other things, that with respect to the North Park Lounge Clubhouse in Gibsonia, Pennsylvania: (1) Greg & Deb's, Inc. paid monetary relief; (2) Greg & Deb's, Inc. will not discriminate on the basis of sex in the future; (3) Greg & Deb's, Inc. will not retaliate against any person because he or she opposed any practice made unlawful by Title W, filed a Title VII charge of discrimination, participated in any Title W proceeding, or asserted any rights under the Consent Decree; and, (4) Greg & Deb's, Inc. will train all employees regarding sexual harassment and Greg & Deb's, Inc.'s policy prohibiting sexual harassment.
If you believe you have been discriminated against, you may contact the EEOC at (800) 669-4000. The EEOC charges no fees and has employees who speak languages other than English.

THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE

This Notice must remain posted for four years 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: Regional Attorney, EEOC Philadelphia District Office, 21 South 5th Street, Phjadelphia, PA 19106.

w Commission

A L k
p e n t Opportunity

DATED: I

DATED:

 
 Case 2:06-cv-00769-JFC Document 36 Filed 04/08/2007 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

ELYSE PEHEL,

)

)

Intervenor Plaintiff,

)

vs.

)

)

GREG & DEB'S, INC. d/b/a! NORTH PARK

)

LOUNGE CLUBHOUSE, and

)

MARK & GREG'S, INC. d/b/a NORTH PARK )

LOUNGE CLUBHOUSE,

)

DEBOR;\I-I M~;\GGIO as the E)~ecutrix of

\
)

the ESTATE OF GREG MAGGIO, and

)

MITCHELL L. BREWER,

)

)

Defendants.

)

CNIL ACTION NO. 06-0769 Judge Joy Flowers Conti Electronically Filed

STIPULATION OF DISMISSAL OF INTERVENOR PLAINTIFF'S ACTION PURSUANT TO Fed. R. Civ. P.4l (a)(1).

The parties, by their attorneys, stipulate that Intervenor Plaintiff Elyse Pehel's action is

rejudi nder Fed.R.Civ.P. 4l(a)(1).

ark c

, Esquire

Att9mey for Intervenor Plaintiff,

~~/t.--?"---7'-1FZ~ EJyse ;pehel//~.. / ~

.J' , /~,

' ".-..... l , /Lll'

/J 7

G .esqmre UaVI•Q1 I.LI vI. LY -... ,. iOran, T'

.

___

Attorney for Defendants,

Greg & Deb's, Inc. d/b/a

North Park Lounge Clubhouse, and

Mark & Greg's, Inc. d/b/a

North Park Lounge Clubhouse, and De~rah Maggio as the Executrix of

Tre E.state oj{ijreg Maggio

\J()J~11 ~'~'/f CCLC~" ! } . (

I /
j

Il ' I f
1/ /"

1/,",/[1,Il

1"/ I Ii I

Wayne V. DeLuca, Esquire

Attorney for Defendant,

Mitchell L. Brewer

\O? Dated: t..\;\>-

Dated '.

'2
,.'

/

't:-'I?0

// U( "

'

7 I

 
 Case 2:06-cv-00769-JFC Document 26 Filed 12/18/2006 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

and

)

)

ELYSE PEHEL,

)

)

Intervenor,

)

vs.

)

)

GREG & DEB’S, INC. d/b/a/ NORTH PARK )

LOUNGE CLUBHOUSE, and

)

MARK & GREG’S, INC. d/b/a NORTH PARK )

LOUNGE CLUBHOUSE,

)

DEBORAH MAGGIO as the Executrix of

)

the ESTATE OF GREG MAGGIO, and

)

MITCHELL L. BREWER,

)

)

Defendants.

)

CIVIL ACTION No. 06-00769
Judge Joy Flowers Conti Electronically Filed

ORDER

AND NOW, this _1_8_t_hday of _D_e_c_e_m__b_e,r2006, Plaintiff’s Motion to Compel Answers to

the Commission’s Request for Admissions Directed to Defendant Greg & Deb’s, Inc. is hereby

DENIED as moot based upon the representations made by counsel for the defendant.

BY THE COURT:
/_s_/ _J_o_y_F__lo_w__e_rs__C_o_n__ti_______, J. The Honorable Joy Flowers Conti

 
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U.S. District Court Western District of Pennsylvania (Pittsburgh) CIVIL DOCKET FOR CASE #: 2:06-cv-00769-JFC

CLOSED

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Date Filed: 06/12/2006

v. GREG & DEB'S, INC. et al

Jury Demand: Plaintiff

Assigned to: Joy Flowers Conti

Nature of Suit: 442 Civil Rights: Jobs

Cause: 42:2000e Job Discrimination (Employment)

Jurisdiction: U.S. Government Plaintiff

Plaintiff
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

represented by M. Jean Clickner Equal Employment Opportunity Commission 1001 Liberty Avenue Suite 300, Liberty Center Pittsburgh, PA 15222 (412) 644-6439 Firm: (412) 644-4935 Email: jean.clickner@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Intervenor Plaintiff ELYSE PEHEL

represented by Mark D. Schwartz P.O. Box 330 Bryn Mawr, PA 19010 US (610) 525-5534 Email: MSchwa6814@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant
GREG & DEB'S, INC. doing business as NORTH PARK LOUNGE CLUBHOUSE

represented by David M. Moran Moran & Moran 445 Fort Pitt Boulevard 230 Fort Pitt Commons Building Pittsburgh, PA 15219 US (412) 355-0355 Email: DMMoran@Moran-Law.com

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Defendant MARK & GREG'S, INC. doing business as NORTH PARK LOUNGE CLUBHOUSE
V. Intervenor Defendant DEBORAH MAGGIO As Executrix of the ESTATE OF GREG MAGGIO
Intervenor Defendant MITCHELL L. BREWER

LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David M. Moran (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David M. Moran (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Wayne V. Deluca Eddy, DeLuca, Gravina & Townsend 564 Forbes Avenue Manor Building Penthouse Pittsburgh, PA 15219 (412) 281-5336 Email: wvdel@eodlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 06/12/2006
06/12/2006 07/10/2006 07/11/2006 07/11/2006

#

Docket Text

1 COMPLAINT against GREG & DEB'S, INC., MARK & GREG'S, INC. filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Civil Cover Sheet # 2 Summons Greg & Deb's# 3 Summons Mark & Greg's)(jsp) (Entered: 06/13/2006)

Summons Issued as to GREG & DEB'S, INC., MARK & GREG'S, INC. (jsp) (Entered: 06/13/2006)

2 ANSWER to Complaint Asserting Affirmative Defenses Under Rule 12 (b) by GREG & DEB'S, INC., MARK & GREG'S, INC..(Moran, David) (Entered: 07/10/2006)

3 AFFIDAVIT of Service for Affidavit of Service on Greg & Deb's, Inc. served on Doug Smith on 06/22/2006, filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Clickner, M.) (Entered: 07/11/2006)

4 AFFIDAVIT of Service for Affidavit of Service on Mark & Greg's, Inc. served on Doug Smith on 06/22/2006, filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Clickner, M.) (Entered: 07/11/2006)

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07/11/2006 07/17/2006 07/18/2006
08/02/2006 08/02/2006 08/07/2006 08/07/2006 08/11/2006 08/15/2006 08/15/2006 08/15/2006 08/16/2006

Update Answer Deadline: Answer due from GREG & DEB'S, INC. on 7/31/2006; MARK & GREG'S, INC. on 7/31/2006 (jsp) (Entered: 07/12/2006)
5 First MOTION to Intervene as a Party Plaintiff by Elyse Pehel. (Schwartz, Mark) (Entered: 07/17/2006)
CLERK'S OFFICE QUALITY CONTROL MESSAGE. re 5 First MOTION to Intervene as a Party Plaintiff ERROR: Proposed Order was made part of main document. CORRECTION: Attorney advised that in future proposed orders are to be made attachments to the main document. Also, the document should be submitted in such a way that the certificate of service is not the first page. The document does not need to be re-filed. This message is for informational purposes only. (jsp, ) (Entered: 07/18/2006)
6 RESPONSE to Motion re 5 First MOTION to Intervene as a Party Plaintiff filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Clickner, M.) (Entered: 08/02/2006)
7 RESPONSE to Motion re 5 First MOTION to Intervene as a Party Plaintiff filed by GREG & DEB'S, INC., MARK & GREG'S, INC.. (Moran, David) (Entered: 08/02/2006)
8 ORDER on Motion Practice. Signed by Judge Joy Flowers Conti on 8/3/06. (smc ) (Entered: 08/07/2006)
9 ORDER granting 5 Motion filed on behalf of Ms. Elyse Pehel to Intervene. Movant is instructed to file her complaint by 8/24/2006. Signed by Judge Joy Flowers Conti on 8/3/06. (smc ) (Entered: 08/07/2006)
10 Intervenor COMPLAINT, filed by Elyse Pehel.(Schwartz, Mark) (Entered: 08/11/2006)
11 REPORT of Rule 26(f) Planning Meeting. (Clickner, M.) (Entered: 08/15/2006)
12 REPORT of Rule 26(f) Planning Meeting. (Clickner, M.) ERROR: WRONG Event Selected. Document removed from public view. Modified on 8/16/2006 (jsp, ). (Entered: 08/15/2006)
13 CERTIFICATE OF SERVICE by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION re 11 Report of Rule 26(f) Planning Meeting (Document previously filed electronically) (jsp) (Entered: 08/16/2006)
CLERK'S OFFICE QUALITY CONTROL MESSAGE. ERROR: re 12 Report of Rule 26(f) Planning Meeting Wrong event selected. CORRECTION: Re-docketed as Certificate of Service re: Report of Rule 26(f) Planning Meeting. Certificates of Service are usually made part of the main document. If filed separately, the certficate of service event under "Service of Process" should be used. This message is for informational purposes only. (jsp) (Entered: 08/16/2006)

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08/31/2006
08/31/2006 08/31/2006
09/06/2006 09/06/2006 09/07/2006
09/18/2006
10/05/2006 10/05/2006 11/06/2006

14 MOTION to Dismiss by DEBORAH MAGGIO, GREG & DEB'S, INC., MARK & GREG'S, INC.. (Attachments: # 1 Brief in Support of Motion to Dismiss# 2 Proposed Order)(Moran, David) Modified on 9/1/2006 (sjs ). ERROR: Brief in Support should have been filed as a separate document. CORRECTION: Brief in Support redocketed by Court at Entry #15; therefore, Attachment #1 is removed from public review. (Entered: 08/31/2006)
15 BRIEF in Support re 14 MOTION to Dismiss filed by DEBORAH MAGGIO, GREG & DEB'S, INC., MARK & GREG'S, INC. (sjs ) (Entered: 09/01/2006)
CLERK'S OFFICE QUALITY CONTROL MESSAGE. re 14 MOTION to Dismiss and Brief in Support. ERROR: Documents should have been filed as two separate documents. CORRECTION: Attorney advised in future that documents of that nature are to be filed as separate documents. Clerk of Court docketed Brief in Support of Motion to Dismiss at Docket Entry #15. This message is for informational purposes only. (sjs ) (Entered: 09/01/2006)
16 NOTICE of Appearance by Wayne V. Deluca on behalf of MITCHELL L. BREWER (Attachments: # 1Certificate of Service)(Deluca, Wayne) Modified on 9/7/2006 (jsp, ). (Entered: 09/06/2006)
17 Disclosure Statement by MITCHELL L. BREWER.. (Deluca, Wayne) (Entered: 09/06/2006)
CLERK'S OFFICE QUALITY CONTROL MESSAGE. re 16 Notice of Appearance. ERROR: Attachments not described correctly or no description was provided. CORRECTION: Attachment description corrected. Counsel is advised that any certificate of service should be made part of the main document and not submitted as an attachment. THE DOCUMENT DOES NOT NEED TO BE RE-FILED. This message is for informational purposes only. (jsp, ) (Entered: 09/07/2006)
18 CASE MANAGEMENT ORDER: Pursuant to Rule 26(f), the parties must confer to consider the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case and to make or arrange for the disclosures required by Rule 26(a)(1) on or before 11/20/2006. The parties shall confer as necessary and file with the Clerk of Court a report within fourteen (14) days after the Rule 26(f) Conference. The Rule 26(f) Report shall be filed no later than 12/5/2006. An Initial Rule 16 Scheduling Conference is scheduled at 4:00 PM on 12/20/2006 in Courtroom 5A before Joy Flowers Conti. Signed by Judge Joy Flowers Conti on 9/18/06. (smc ) (Entered: 09/18/2006)
19 MOTION to Dismiss by MITCHELL L. BREWER. (Attachments: # 1 Proposed Order)(Deluca, Wayne) (Entered: 10/05/2006)
20 BRIEF in Support re 19 MOTION to Dismiss filed by MITCHELL L. BREWER. (Deluca, Wayne) (Entered: 10/05/2006)
21 RESPONSE in Opposition re 19 MOTION to Dismiss, 14 MOTION to

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11/06/2006 11/07/2006
11/08/2006 11/09/2006 12/05/2006 12/06/2006
12/14/2006 12/18/2006

Dismiss filed by ELYSE PEHEL. (Schwartz, Mark) (Entered: 11/06/2006)
22 BRIEF in Opposition re 19 MOTION to Dismiss, 14 MOTION to Dismiss filed by ELYSE PEHEL. (Schwartz, Mark) (Entered: 11/06/2006)
CLERK'S OFFICE QUALITY CONTROL MESSAGE. re 21 Affidavit in Opposition to Motion. ERROR: Typed name omitted by s/. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit with signature, using Errata event which is located under "Other Documents" in the electronic filing system. This message is for informational purposes only., CLERK'S OFFICE QUALITY CONTROL MESSAGE. ERROR: Proposed Order was made part of main document. CORRECTION: Attorney advised that in future proposed orders are to be made ATTACHMENTS to the main document. Attorney also advised that the event "Response in Opposition to Motion" should used as the document is entitled as such. This message is for informational purposes only. (jsp, ) (Entered: 11/07/2006)
23 Errata Re 21 Response to Motion by ELYSE PEHEL. Reason for Correction: lack of signature. (Schwartz, Mark) (Entered: 11/08/2006)
CLERK'S OFFICE QUALITY CONTROL MESSAGE. re 23 Errata ERROR: Proposed Order was made part of main document. CORRECTION: Attorney advised that in future proposed orders are to be made ATTACHMENTS to the main document. THE DOCUMENT DOES NOT NEED TO BE RE-FILED. This message is for informational purposes only. (jsp) (Entered: 11/09/2006)
24 First MOTION to Compel Answers to Request for Admissions by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Appendix to Motion # 2Proposed Order # 3 Local Rule 37.1 Certificate # 4 Certificate of Service)(Clickner, M.) Modified text to describe attachments on 12/6/2006 (jsp). (Entered: 12/05/2006)
CLERK'S OFFICE QUALITY CONTROL MESSAGE. re 24 First MOTION to Compel Answers to Request for Admissions. ERROR: Attachments not described correctly or no description was provided. CORRECTION: Attachment description corrected by Court. Counsel advised that it is the FILER's responsibility to describe attachments. THE DOCUMENT DOES NOT NEED TO BE RE-FILED. This message is for informational purposes only. (jsp) (Entered: 12/06/2006)
25 RESPONSE in Opposition to Motion re 24 First MOTION to Compel Answers to Request for Admissions filed by GREG & DEB'S, INC.. (Attachments: # 1 Proposed Order Denying EEOC's Motion to Compel) (Moran, David) Modified text on 12/15/2006 (jsp). (Entered: 12/14/2006)
26 ORDER denying 24 Motion to Compel Answers to Commission's Request for Admissions Directed to Defendant Greg & Deb's, Inc as moot based uon the representations made by counsel for defendant. Signed by Judge Joy Flowers Conti on 12/18/06. (smc ) (Entered:

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12/20/2006
12/20/2006 12/21/2006 01/09/2007 01/10/2007 01/10/2007 01/10/2007 01/11/2007 01/12/2007

12/18/2006)
28 Minute Entry for proceedings held before Judge Joy Flowers Conti : Motion Hearing held on 12/20/2006 re 19 MOTION to Dismiss filed by MITCHELL L. BREWER 14 MOTION to Dismiss filed by GREG & DEB'S, INC., MARK & GREG'S INC., DEBORAH MAGGIO. As set forth more fully on the record, the parties are directed to submit additional briefing to the court. Plaintiff is directed to submit supplemental briefing regarding her wrongful supervision and retention claims on or before Feb. 5, 2007. Defendants are directed to submit supplemental briefing regarding the Workers' Compensation Act on or before Feb. 5, 2007. Responses are due from the parties by March 5, 2007. The parties will engage in mediation with a Magistrate Judge. (Court Reporter M. Powers.) (amj ) (Entered: 12/21/2006)
Calendar Entry Status Conference set for 2/2/2007 08:30 AM in Courtroom 5A before Judge Joy Flowers Conti. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (amj ) (Entered: 12/21/2006)
27 ORDER, A Settlement/Mediation Conference is set for 1/29/2007 10:00 AM before Francis X. Caiazza. Signed by Judge Francis X. Caiazza on 12/21/06. (jhi) (Entered: 12/21/2006)
ORDER, at the request of counsel, the Settlement/Mediation Conference is reset for 2/8/2007 09:30 AM before Francis X. Caiazza. All persons with authority to settle shall be present. Signed by Judge Francis X. Caiazza on 1/9/07. Text-only entry; no PDF document will issue. This text-only entry constitutes the Courts order or notice on the matter.(jhi) (Entered: 01/09/2007)
29 First MOTION to Extend Time for Status Conference and Discovery by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1Proposed Order)(Clickner, M.) Modified on 1/10/2007 (jv). (Entered: 01/10/2007)
Set/Reset Hearings: Status Conference set for 2/2/2007 is reset for 2/12/2006 04:45 PM in Courtroom 5A before Joy Flowers Conti. Textonly entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (smc ) (Entered: 01/10/2007)
CLERK'S OFFICE QUALITY CONTROL MESSAGE. re 29 First MOTION to Extend Time forStatus Conference and Discovery. ERROR: Attachments not described correctly or no description was provided. CORRECTION: Attachment description corrected. This message is for informational purposes only. (jv) (Entered: 01/10/2007)
Set/Reset Hearings: Status Conference set for 2/12/2006 is reset for 2/12/2007 04:45 PM in Courtroom 5A before Joy Flowers Conti. Textonly entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (smc ) (Entered: 01/11/2007)
30 ORDER granting 29 Motion to Extend Time for Discovery. Discovery

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01/23/2007 01/24/2007
01/24/2007
01/25/2007 02/05/2007 02/09/2007 02/13/2007 03/05/2007 03/07/2007

due by 2/12/2007. Status Conference set for 2/12/2007 04:45 PM in Courtroom 5A before Joy Flowers Conti. Signed by Judge Joy Flowers Conti on 1/11/07. (smc ) (Entered: 01/12/2007)
31 MOTION for Extension of Time to File Briefs by ELYSE PEHEL. (Schwartz, Mark) (Entered: 01/23/2007)
ORDER, the Settlement/Mediation Conference currently set for 2/8/07 is now rescheduled to 2/5/2007 09:30 AM before Francis X. Caiazza. All persons with authority to settle shall be present. Any party not who is not available shall file a motion to the court for a possible new date. Signed by Judge Francis X. Caiazza on 1/24/07. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter.(jhi) (Entered: 01/24/2007)
CLERK'S OFFICE QUALITY CONTROL MESSAGE. re 31 MOTION for Extension of Time to File Briefs ERROR: Proposed Order was made part of main document. CORRECTION: Attorney advised that in future proposed orders are to be made ATTACHMENTS to the main document. The document does not need to be re-filed. This message is for informational purposes only. (jsp) (Entered: 01/24/2007)
32 ORDER granting 31 Motion for Extension of Time to File Briefs. Briefs required as per this Court's Order of December 20, 2006, are hereby required to be filed by March 5, 2007 and April 5, 2007 respectively. Signed by Judge Joy Flowers Conti on 1/24/07. (smc ) (Entered: 01/25/2007)
33 Minute Entry for proceedings held before Judge Francis X. Caiazza : Settlement/Mediation Conference held on 2/5/2007. (Court Reporter None.) Case did not settle. (jhi) (Entered: 02/05/2007)
Set/Reset Hearings: Status Conference set for 2/12/07 at 4:45 is reset for 2/14/2007 04:45 PM in Courtroom 5A before Joy Flowers Conti. Textonly entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (smc ) (Entered: 02/09/2007)
ORDER re Set Hearings. The Status Conference set for 2/14/2007 at 04:45 PM in Courtroom 5A before Joy Flowers Conti is hereby CANCELLED. Text-only entry; no PDF document will issue. This textonly entry constitutes the Court's order or notice on the matter. (mcg) (Entered: 02/13/2007)
34 CONSENT DECREE by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Clickner, M.) (Entered: 03/05/2007)
35 Approved Consent Decree. This Consent Decree is entered into by the EEOC and Greg & Deb's, Inc. with terms stated in the order. This Consent Decree shall be final and binding between the EEOC and Greg & Deb's, Inc., its directors, officers, agents, employees. This Consent Decree shall fully and finally resolve all claims which were raised by the EEOC in its Complaint in Civil Action No. 06-CV-0769 (W.D. PA). This Consent Decree shall be filed in the United States District Court for the

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04/08/2007

Western District of Pennsylvania and shall continue to be in effect for a period of four (4) years. Any application by any party to modify or vacate this Consent Decree during such period shall be made by motion to the Court on no less than thirty (30) days notice to the other party. The Court retains jurisdiction over this case in order to enforce the terms of the Consent Decree. Signed by Judge Joy Flowers Conti on 3/6/07. (smc ) (Entered: 03/07/2007)
36 STIPULATION of Dismissal by ELYSE PEHEL. (Schwartz, Mark) (Entered: 04/08/2007)

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