IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,

CW1L ACTION NO.C,~ o~c,,~,q COMPLAINT

ENTRONIX INTERNATIONAL, INC.

Jury Triat Demand

Defendant.

NATI_FRE 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 retaliation. Specifically, Entronix International, Inc. discriminated against Sherry (Milbrett) Durocher when it terminated her employment in retaliation for her complaints of sexual harassment. Defendant’s action violated Section 704(a) of Title VII, 42 U.S.C. §2000e-3(a), which prohibits retaliation.
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1) ("Title VII"). 2. The employment practices alleged to be unlawful were and are now being committed within the jurisdiction of the United States District Court for the District of Minnesota.

PARTIES 3. The Plaintiff, the Equal Employment Opportunity Commission ("EEOC"), is the agency of the United States of America charged with the administration, interpretation, and enforcement of Title Vrl, and is expressly authorized to bring this action by Section 706(i3(1) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3). 4. At all relevant times, Entronix International, Inc. ("Defendant"), has continuously been a Minnesota corporation doing business in the State of Minnesota and the City of Eveleth, and has continuously had at least 15 employees. 5. At all relevant times, Entronix International, Inc., has continuously been an employer engaged in an industry affecting commerce under Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e (b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Durocher filed a charge with the EEOC alleging violations of Title VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. On or about January 4, 2002, Durocher complained to Defendant’s managers that her supervisor had brought a sexually offensive catalog into the workplace. Shortly thereafter Defendant terminated Durocher in retaliation for her having engaged in protected conduct under Section 704(a) of Title VII, 42 U.S.C. § 2000e-3(a).
2

8. The effect of the practices complained of in paragraph 7 above has been to deprive Durocher of equal employment opportunities and otherwise adversely affect her status as an employee because of retaliation,
The unlawful employment practices complained of in paragraph 7 above were intentional.
The unlawful employment practices complained of in paragraph 7 above were done with malice or with reckless indifference to the federally protected rights of Durocher.
PRAYER FOR RELIEF Wherefore, the EEOC respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in any employment practice which discriminates on the basis of retaliation. B. Order Defendant to make whole Durocher by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to reinstatement of Durocher. C. Order Defendant to make whole Durocher by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices complained of in paragraph 7 above, in amounts to be determined at trial. D. Order Defendant to make whole Durocher by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including emotional distress, in amounts to be determined at trial.

E. Order Defendant to pay Durocher punitive damages for its malicious and reckless conduct, complained of in paragraph 7 above, in amounts to be determined at trial.
Grant such further relief as the Court deems necessary and proper in the public interest.
G. Award the EEOC its costs of this action.
4

JURY TRIAL DEMAND
The EEOC requests a jury trial on all questions of fact raised by its Complaint.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
ERIC S. DREIBAND General Counsel
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION i801 "L" Street, N.W. Washington, D.C. 20507

Dated: Dated:

Jean ~. Karnp

R~onal Attorney

,

Tina~~’j~
Senior Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Minneapolis Area Office 330 South Second Avenue, Suite 430 Minneapolis, MN 55401-2224 (612) 335-4047

5

 
 UNITED STATES DISTRICT COURT

for the DISTRICT OF MINNESOTA

______________________________________________________________________________

EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION,

Civil No. 04 2924

Plaintiff,

JMR/RLE

SHERRY (MILBRETT) DUROCHER,

Plaintiff/Intervenor

vs.

INTERVENOR’S

ENTRONIX INTERNATIONAL, INC.

COMPLAINT

Defendant.

______________________________________________________________________________

This is an action under Title VII of the Civil Rights Act of 1964 and the Minnesota

Human Rights Act to correct unlawful employment practices on the basis of retaliation.

Entronix International, Inc. discriminated against Sherry (Milbrett) Durocher when it terminated

her employment in retaliation for her complaints of sexual harassment. Defendant’s adverse

employment actions violate the following: Section 704(a) of Title VII, 42 U.S.C. §2000e-3(a);

and Section 363A.15 of the Minnesota Human Rights Act, Minn. Stat. §363A.01 et seq.

JURISDICTION AND VENUE

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343

and 1345. This action by the Plaintiff/Intervenor is authorized and instituted pursuant to Section

706(f)(1) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e-5(f)(1) and

2000e-6 ("Title VII"). This Court has supplemental jurisdiction, pursuant to 28 U.S.C. 1367, to

address violations of the Minnesota Human Rights Act (“MHRA”).

2. The employment practices alleged to be unlawful have been committed within the

jurisdiction of the United States District Court for the District of Minnesota.

1

PARTIES 3. The Equal Employment Opportunity Commission (the "EEOC"), is the agency of the United States of America charged with the administration, interpretation, and enforcement of Title VII, and is expressly authorized to bring this action. The EEOC filed suit in U.S. District Court on June 9, 2004. 4. Plaintiff/Intervenor, Sherry (Milbrett) Durocher (“Ms. Durocher”) is a female who was employed by Defendant Entronix in Eveleth, Minnesota, and who at all relevant times has been an employee or person within the meaning of Title VII and of the MHRA. 5. At all relevant times, Defendant Entronix International Inc. ("Defendant") has continuously been a Minnesota corporation doing business in the State of Minnesota, and has continuously had at least 15 employees. 6. At all relevant times, the Defendant has continuously 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.
STATEMENT OF CLAIMS 7. More than thirty days prior to the institution of this lawsuit, Ms. Durocher filed Charge #265A300164 with the EEOC, alleging violation of Title VII. Said Charge was crossfiled with the Minnesota Department of Human Rights, as #40952, alleging violation of the MHRA. On December 18, 2003, the EEOC issued a determination that Defendant had engaged in retaliation when it terminated Ms. Durocher. All conditions precedent to the institution of this lawsuit have been fulfilled. 8. On or about January 4, 2002, Ms. Durocher complained to Defendant’s managers that her supervisor had brought a sexually offensive catalog into the workplace and left it on the shift for the employees to view. Following her protected conduct, Defendant engaged in unlawful retaliatory practices against Ms. Durocher because she opposed sexual harassment and
2

complained about a sexually offensive catalog in her workplace. 9. Defendant’s retaliatory actions included, but were not limited to: giving Ms. Durocher
an unsubstantiated written reprimand; accusing her of ongoing poor performance; and terminating her employment.
10. The effect of the adverse actions complained of above has been to deprive Ms. Durocher of equal employment opportunities and otherwise adversely affect her status as an employee, because of retaliation.
11. The unlawful employment practices complained of above were intentional. 12. The unlawful employment practices complained of above were done with malice or with reckless indifference to the legally protected rights of Ms. Durocher.
COUNT I -- RETALIATION in VIOLATION of TITLE VII 13. Plaintiff incorporates herein by reference the allegations contained in the preceding Paragraphs. 14. The actions of Defendant complained of above constitute unlawful retaliation in response to Plaintiff’s statutorily protected conduct and are in violation of Section 704(a) of Title VII, 42 U.S.C. §2000e-3(a). 15. The unlawful actions of Defendant have caused and will cause damages to Plaintiff for lost wages and employment benefits, damage to reputation and career, and emotional distress.
COUNT II -- RETALIATION in VIOLATION of the MHRA 16. Plaintiff incorporates herein by reference the allegations contained in the preceding Paragraphs. 17. The actions of Defendant complained of above constitute unlawful retaliation in response to Plaintiff’s statutorily protected conduct and are in violation of the MHRA §363A.15. 18. The unlawful actions of Defendant have caused and will cause damages to Plaintiff
3

for lost wages and employment benefits, damage to reputation and career, and emotional distress.
PRAYER FOR RELIEF Wherefore, Plaintiff respectfully requests that this Court: A. Grant a permanent injunction enjoining the Employer, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in retaliation against persons who complain about or oppose discrimination. B. Order the Employer to make whole Ms. Durocher by providing compensation for past and future wage losses, employment benefits, and other losses resulting from the unlawful practices complained of above, including damages for pain and suffering and emotional distress, and damage to reputation and career, in amounts to be determined at trial. C. Order the Employer to pay statutory punitive damages for its malicious and reckless conduct described above, in amounts to be determined at trial. D. Order the Employer to pay statutory treble damages pursuant to the MHRA, § 363A.29, Subd. 4. E. Order the Employer to pay the statutory civil penalty to the State of Minnesota pursuant to MHRA, § 363A.29, Subd. 4. F. Grant such further relief as the Court deems necessary and proper. G. Award Ms. Durocher her reasonable attorney's fees and costs.
Dorene R. Sarnoski Law Office

Dated: July 15, 2004

s/Dorene R. Sarnoski Dorene R. Sarnoski (#212933) Attorney for Plaintiff/Intervenor 101 Union Plaza 333 Washington Avenue N.

4

Minneapolis, Minnesota 55401 Telephone: (612) 359-0050
5

 
 Case 0:04-cv-02924-JMR-RLE Document 23 Filed 12/20/2004 Page 1 of 11

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, SHERRY DUROCHER,
Plaintiff-Intervenor v. ENTRONIX INTERNATIONAL, INC.
Defendant.

)

)

)

)

)

)

)

)

CONSENT DECREE

)

)

Civ. No. 04-2924 (JMR!RLE)

)

)

)

)

)

/" \
This action was filed by the Equal Employment Opportunity Commission ("EEOC") on June

9,2004 pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et

§!ill. In its complaint, the EEOC alleged that Defendant, Entronix International, Inc. ("Defendant")

retaliated against Sherry Durocher because she complained about sexual harassment. The EEOC

alleged that Defendant retaliated against Durocher by terminating her employment. The EEOC

alleged that Defendant's action violated Section 704(a) of Title VII, 42 U.S.C. §2000e-3(a), which

prohibits retaliation. Durocher intervened in the lawsuit alleging violations of Title VII and the

Minnesota Human Rights Act for the same conduct alleged by the EEOC.

Defendant denies that it has committed any of the violations alleged by the EEOC and

Durocher. The EEOC, Durocher and Defendant (hereinafterreferred to as "the parties") have agreed

to settle the claims set forth in the action in order to reach an amicable resolution of this matter and

avoid further litigation. The terms of the agreement are set forth below.

1

DEC 2 0 2004 "",_\".,0..

.. , "

Case 0:04-cv-02924-JMR-RLE Document 23 Filed 12/20/2004 Page 2 of 11

1.

Monetary Relief

A. Settlement Amount

Defendant agrees to settle this case for $60,000. The settlement will be paid in six

installments with the first check due within ten days after the Consent Decree is signed by

Durocher's counsel on behalf of Durocher. The parties stipulate that they have allocated the

settlement amount into separate payment categories in recognition of the underlying claims.

Defendant agrees to pay Durocher $20,000 in compensatory damages and $20,000 in attorney fees

to Durocher's counsel, Dorene R. Sarnoski Law Office, to be paid in installments of $10,000 in

November 2004; December 15,2004; January 15, 2005; and February 15, 2005. These checks shall

be made payable to Sherry Durocher and Dorene R. Samoski Law Office. A copy of the checks

shall be mailed to the undersigned counsel for the EEOC. Defendant shall issue a Form 1099 for

these payments.

Defendant agrees to pay Durocher back pay, minus standard deductions, in the amount of

$20,000, to be paid in installments of$1 0,000 on March 15,2005 and April 15, 2005. These checks

shall be made payable to Sherry Durocher, and Defendant shall issue a Form W-2 to Durocher. The

checks shall be delivered to Durocher's attorney, Dorene R Samoski, with a copy to the undersigned

counsel for the EEOC. Defendant's obligation with regard to the settlement payments and due dates

is secured by a Confession of Judgment (Exhibit A hereto).

All ofthe employer's share ofrequired withholdings, ifany, including Social Security, shall

be paid by Defendant. Neither the EEOC nor Defendant make any representation, or assume any

responsibility for any tax liability, assessments, interest, penalties and/or costs that Durocher may

or may not incur on such payments under local, state and/or federal law.

2

Case 0:04-cv-02924-JMR-RLE Document 23 Filed 12/20/2004 Page 3 of 11
II. Non-Monetarv Tenns A. Compliance with Title VII Defendant agrees that it will not condone or tolerate acts of gender discrimination as
prohibited by 42 U.S.C. §2000e, et. seq. Defendant also agrees that it will not condone or tolerate acts of retaliation against any employee or fonner employee for exercising the right to oppose any unlawful employment practice, and to make a charge, testify, assist, or participate in an investigation, proceeding or hearing under 42 U.S.C. §2000e et. seq.
B. Impact Upon the EEOC's Processing The EEOC does not waive or in any manner limit its right to process or seek relief in any other charge or investigation based upon allegations not included in the above-captioned case. C. Training Defendant shall provide training, specifically on gender discrimination and retaliation, to all of its personnel, including supervisors and managers within six months after the Consent Decree is entered by the Court, and agrees to continue to provide orientation to new employees, at its expense, relating to Defendant's obligation to maintain a work environment free from discrimination, and regarding Defendant's obligation not to retaliate against individuals who complain about discrimination in the workplace. D. Creation and Dissemination of Anti-Discrimination Policy Defendant shall certify to the EEOC that it has an anti-discrimination and anti-retaliation policy. Such policy will specifically outline procedures for reporting and investigating discrimination complaints, and will include the names ofpersons to whom such complaints should be made. If no such policy exists, Defendant shall create such a policy within 30 days. This
3

Case 0:04-cv-02924-JMR-RLE Document 23 Filed 12/20/2004 Page 4 of 11
policy shall be disseminated to all employees. E. Posting of Notice Defendant agrees to post the notice (Exhibit B hereto) in its facility in a clear and
conspicuous location customarily used for the posting of employee notices. Defendant agrees to post this notice within five calendar days of approval of this Consent Decree by the Court, for the term of the Consent Decree.
F. Removal of References to EEOC Charge/Lawsuit from Personnel File Defendant shall remove from Durocher's personnel file any record or indication that relates to her charges filed with the EEOC, the investigation, litigation, or resolution of the charges. G. Neutral Reference When and if Defendant is contacted by a prospective employer of Durocher's for an employment reference, Defendant shall provide neutral reference information, consisting of dates of employment and positions held. Defendant shall expunge any references to Durocher's termination from Durocher's employment records. H. Record-keeping and Reporting For three years from the date of this Consent Decree, Defendant shall document and maintain records related to every complaint that it or any manager or supervisor receives from any employee alleging gender discrimination or retaliation. During this period, Defendant shall also provide the EEOC with semi-annual reports, with the first report being due five months after the Final Order. Defendant shall provide the EEOC with a report every six months thereafter throughout the term ofthis Decree. The reports shall include the following information for each
4

Case 0:04-cv-02924-JMR-RLE Document 23 Filed 12/20/2004 Page 5 of 11

complaint known to Defendant: the name, address, telephone number, and social security number

of all employees at Defendant's facility, if any, who, during the reporting period, complained

either verbally or in writing about gender discrimination and/or retaliation; the date and nature of

each complaint; the identity of each person to whom each complaint was made; and the action

taken by Defendant in response to each complaint. Finally, based on the semi-annual reports, the

EEOC may inspect Defendant's premises, interview employees and examine and copy documents

relating to matters contained in the semi-annual reports. The EEOC shall give written notice one

week prior to coming on the premises for inspection.

1.

Enforcement of Consent Decree

If at any time during the effective date of this Consent Decree, the EEOC believes that a

violation of this Decree has occurred, prior to exercising its right to move to compel enforcement,

the EEOC shall give written notice detailing the perceived violation to Defendant. Defendant

shall have thirty (30) days from receipt of written notice to investigate and respond in writing to

the allegation that a violation has occurred. Thereafter, the parties shall have a period of thirty

(30) days, or such additional period as may be agreed upon in writing by them, in which to

engage in negotiation and conciliation regarding any alleged violation before the EEOC may move

to compel compliance.

J. Certification to the EEOC

Within 10 calendar days following compliance with the posting, training and

creation/dissemination of anti-discrimination policy provisions ofthis Consent Decree, Defendant

will notify the EEOC of such compliance through a letter from an appropriate representative.

5

Case 0:04-cv-02924-JMR-RLE Document 23 Filed 12/20/2004 Page 6 of 11
K. No Other Agreements This Consent Decree constitutes the sole agreement between and among the parties concerning the settlement of the above-captioned lawsuit. The parties agree that no promises or inducements have been made except as set forth in this Consent Decree, and the Confession of Judgment between Durocher and Entronix International, Inc. and that there are no other agreements, written or oral, express or implied, between or among the parties concerning the subj ect matter ofthis lawsuit. L. Enforcement of Terms of Consent Decree and Jurisdiction Upon execution ofthe Consent Decree by the parties, the parties will execute a Stipulation for Dismissal with Prejudice, pursuant to Fed. R. Civ. P. 41(a)(1)(ii), to dismiss this case without costs to the parties, with the Court to reserve jurisdiction to enforce the terms of the Consent Decree. The affirmative obligations under this Consent Decree shall be effective and binding upon the parties for the period of three calendar years from its final approval by the Court. This Court shall retain jurisdiction of this action for the purpose of enforcing this Decree and entry of such further orders as may be necessary or appropriate for the same period of time, except that, if any party has, prior to the expiration of the three year period, commenced proceedings to compel compliance, this Court will retain jurisdiction of the action until all issues relating to such compliance proceedings have been resolved. At the end ofthe three year period, or as soon as all enforcement issues (if any) have been resolved, whichever occurs last, this Court will dissolve the Consent Decree and will dismiss this action with prejudice without further motion by any party.
6

----------------------------------------------
Case 0:04-cv-02924-JMR-RLE Document 23 Filed 12/20/2004 Page 7 of 11

I have read the foregoing Consent Decree, and accept and agree to the provisions contained therein.

slJean P. KamI! Jean P. Kamp Regional Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Milwaukee District Office 310 W. Wisconsin Ave., Suite 800 Milwaukee, WI 53203 (414) 297-1860

Date 11-23-04

siTina Burnside Tina Burnside (WI#1026965) Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Minneapolis Area Office 330 S. Second Ave., Suite 430 Minneapolis, MN 55401 (612) 335-4047
Attorneys for PlaintiffEEOC

Date 11/29/04

slDoreen R. Samoski Dorene R. Sarnoski (MN#212933) Dorene R. Sarnoski Law Office 101 Union Plaza 333 Washington Avenue N. Minneapolis, MN 55401 Telephone: (612) 359-0050
Attorneys for Plaintiff-Intervenor

Date 11-17-04

7

Case 0:04-cv-02924-JMR-RLE Document 23 Filed 12/20/2004 Page 8 of 11

s/Laura A. Pfeiffer Laura A. Pfeiffer (MN#0260 125) Mark A. Pihart (MN#0308626) Winthrop & Weinstine, P.A. 225 South Sixth Street, Suite 3500 Minneapolis, MN 55402 Telephone: (612) 604-6400
Attorneys for Defendant

Date 11-22-04

8

Case 0:04-cv-02924-JMR-RLE Document 23 Filed 12/20/2004 Page 9 of 11

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, SHERRY DUROCHER,
Plaintiff-Intervenor v. ENTRONIX INTERNATIONAL, INC.
Defendant.

)

)

)

)

)

)

)

)

)

)

Civ. No. 04-2924 (JMRlRLE)

)

)

)

)

)

Stipulation for Dismissal With Prejudice Pursuant to Rule 41 (a)(l)(ii) of the Federal Rules of Civil Procedure, and based upon the attached Consent Decree, the Equal Employment Opportunity Commission (EEOC), Sherry Durocher and Entronix International, Inc., hereby stipulate to the dismissal of this action with prejudice, and to retention of jurisdiction by the Court to enforce the provisions of the Consent Decree.

s/Jean P. Kamp Jean P. Kamp Regional Attorney

Date 11-23-04

9

Case 0:04-cv-02924-JMR-RLE Document 23 Filed 12/20/2004 Page 10 of 11

slTina Burnside Tina Burnside (WI#1026965) Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Minneapolis Area Office 330 S. Second Ave., Suite 430 Minneapolis, MN 55401 (612) 335-4047
Attorneys for PlaintiffEEOC
slDorene R. Samoski Dorene R. Sarnoski (MN#212933) Dorene R. Sarnoski Law Office 101 Union Plaza 333 Washington Avenue N. Minneapolis, MN 55401 Telephone: (612) 359-0050
Attorneys for Plaintiff-Intervenor
s/Laura A. Pfeiffer Laura A. Pfeiffer (MN#0260125) Mark A. Pihart (MN#0308626) Winthrop & Weinstine, P.A. 225 South Sixth Street, Suite 3500 Minneapolis, MN 55402 Telephone: (612) 604-6400
Attorneys for Defendant

Date 11129104 Date 11-17-04 Date 11-22-04

10

Case 0:04-cv-02924-JMR-RLE Document 23 Filed 12/20/2004 Page 11 of 11
NOTICE TO EMPLOYEES
This Notice is being posted pursuant to an agreement between the U.S. Equal Employment Opportunity Commission ("EEOC") and Entronix International, Inc. ("Entronix"). A charge was filed with the EEOC alleging that Entronix violated Title VII of the Civil Rights Act of 1964 by discriminating against an employee. Although Entronix contends that it did not intend to discriminate against any employee, as part of the agreement, Entronix has agreed to take the following steps:
1. Without admitting any violation ofthe law in the past, Entronix agrees not to engage in any type of discrimination, intimidation, or retaliation prohibited by Title VII. In other words, employees will not be harassed or retaliated against because they have opposed practices they believe to be discriminatory, or have participated in any manner in an investigation or court case under Title VIr.
2. Entronix will provide training to its staffincluding supervisors, managers, and administrators in regard to its policy forbidding any such discrimination, intimidation, or retaliation and providing for disciplinary action against violators.
3. Entronix will disseminate its anti-discrimination policy to its staff outlining that discrimination, harassment and retaliation is prohibited.
The EEOC enforces Title VII, which prohibits job discrimination based on race, color, religion, sex or national origin, the Age Discrimination in Employment Act, the Equal Pay Act, prohibitions against discrimination against individuals with disabilities in the federal sector, sections ofthe Civil Rights Act of 1991, and Title I of the Americans with Disabilities Act, which prohibits discrimination against people with disabilities in the private sector and state and local governments. The Minneapolis office of the EEOC is located at 330 S. Second St., Suite 430, Minneapolis, MN 55401. Persons may contact the EEOC either by visiting, writing or calling (612) 335-4040.
2159173v2
Exhibit B

 
 CM/ECF - District of Minnesota - Live - Docket Report

https://ecf.mnd.uscourts.gov/cgi-bin/DktRpt.pl?213581325299296-L_9...

5DIV, CLOSED, PROTO, T7
U.S. District Court District of Minnesota (DMN) CIVIL DOCKET FOR CASE #: 0:04-cv-02924-JMR-RLE

Equal Employment Opportunity Commission v. Entronix International, Inc. Assigned to: Chief Judge James M. Rosenbaum Referred to: Chief Mag. Judge Raymond L. Erickson Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 06/09/2004 Jury Demand: None Nature of Suit: 440 Civil Rights: Other Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Jean P Kamp Equal Employment Opportunity Commission 310 W Wisconsin Ave Ste 800 Milwaukee, WI 53203-2292 414-297-1860 Fax: 414-297-3146 Email: jean.kamp@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Tina Burnside Equal Employment Opportunity Commission 129 W Trade St Ste 400 Charlotte, NC 28202 704-344-6876 Fax: 704-344-6780 Email: tina.burnside@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Intervenor Plaintiff Sherry Durocher

represented by Dorene R Sarnoski Dorene R. Sarnoski Law Office 333 Washington Ave N, Ste 101 Mpls, MN 55401 612-359-0050 Fax: 612-340-0190 Email: dsarnoski@qwest.net ATTORNEY TO BE NOTICED

1 of 4

5/29/2007 12:22 PM

CM/ECF - District of Minnesota - Live - Docket Report

https://ecf.mnd.uscourts.gov/cgi-bin/DktRpt.pl?213581325299296-L_9...

V. Defendant Entronix International, Inc.

represented by Julie M Engbloom Lane Powell PC 601 SW 2nd Ave Ste 2100 Portland, OR 97204 503-778-2183 Email: engbloomj@lanepowell.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mark A Pihart Winthrop & Weinstine, PA 225 S 6th St Ste 3500 Mpls, MN 55402-4629 612-604-6623 Fax: 612-604-6823 Email: mpihart@winthrop.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Laura A Pfeiffer Winthrop & Weinstine, PA 225 S 6th St Ste 3500 Mpls, MN 55402-4629 612-604-6400 Fax: 612-604-6800 Email: lpfeiffer@winthrop.com ATTORNEY TO BE NOTICED

Date Filed 06/09/2004 06/10/2004
06/14/2004 06/29/2004

#

Docket Text

Summons Issued as to Entronix International, Inc. (JMM) (Entered: 06/10/2004)
1 COMPLAINT with jury demand against Entronix International, Inc. , filed by Equal Employment Opportunity Commission. Assigned to Chief Judge James M. Rosenbaum per 5th Div. Spec./Civ. Rights list and referred to Magistrate Judge Raymond L. Erickson. 5:04UL106. (Attachments: # 1 Civil Cover Sheet)(JMM) (Entered: 06/10/2004)
2 Summons-Return of Service Executed for Summons; Complaint served on Mike Johnson, President on 6/10/04, filed by Equal Employment Opportunity Commission. (SEA) (Entered: 06/16/2004)
3 ANSWER to Complaint by Entronix International, Inc..(Pfeiffer, Laura) (Entered: 06/29/2004)

2 of 4

5/29/2007 12:22 PM

CM/ECF - District of Minnesota - Live - Docket Report

https://ecf.mnd.uscourts.gov/cgi-bin/DktRpt.pl?213581325299296-L_9...

06/29/2004 07/15/2004 07/15/2004 07/15/2004 07/15/2004
07/15/2004
08/27/2004 08/27/2004 08/31/2004
09/08/2004 09/10/2004 09/17/2004 09/22/2004
10/19/2004 10/19/2004 10/20/2004 10/25/2004

4 CERTIFICATE OF SERVICE by Entronix International, Inc. re 3 Answer to Complaint (Pfeiffer, Laura) (Entered: 06/29/2004)
5 MOTION to Intervene by Sherry Durocher. (Sarnoski, Dorene) (Entered: 07/15/2004)
6 Intervenor COMPLAINT, filed by Sherry Durocher.(Sarnoski, Dorene) (Entered: 07/15/2004)
7 MEMORANDUM in Support re 5 MOTION to Intervene filed by Sherry Durocher. (Sarnoski, Dorene) (Entered: 07/15/2004)
8 NOTICE of Hearing on Motion 5 MOTION to Intervene: Motion Hearing set for 9/2/2004 10:00 AM in Duluth - Courtroom 1 before Magistrate Judge Raymond L Erickson. (Sarnoski, Dorene) (Entered: 07/15/2004)
9 CERTIFICATE OF SERVICE by Sherry Durocher re 7 Memorandum in Support of Motion, 8 Notice of Hearing on Motion, 5 MOTION to Intervene, 6 Intervenor Complaint and proposed order (Sarnoski, Dorene) (Entered: 07/15/2004)
10 STIPULATION re 8 Notice of Hearing on Motion, 5 MOTION to Intervene by Sherry Durocher. (Sarnoski, Dorene) (Entered: 08/27/2004)
11 CERTIFICATE OF SERVICE by Sherry Durocher re 10 Stipulation to Intervene (Sarnoski, Dorene) (Entered: 08/27/2004)
12 ORDER for INTERVENTION re 10 Stipulation filed by Sherry Durocher. Signed by Magistrate Judge Raymond L Erickson on 8/31/04. (JLB) (Entered: 08/31/2004)
13 STIPULATION for Protective Order by Entronix International, Inc.. (Pfeiffer, Laura) (Entered: 09/08/2004)
14 PROTECTIVE ORDER. re: 13 stipulation granted; Signed by Magistrate Judge Raymond L Erickson on 9/10/04. (SEA) (Entered: 09/10/2004)
15 ANSWER to Intervenor Complaint by Entronix International, Inc.. (Attachments: # 1 Certificate of Service)(Pihart, Mark) (Entered: 09/17/2004)
16 PRETRIAL NOTICE AND ORDER Pretrial Conference set for 11/3/2004 10:15 AM in In Chambers Hearing before Magistrate Judge Raymond L Erickson. Signed by Magistrate Judge Raymond L Erickson on 9/22/04. (JLB) (Entered: 09/22/2004)
17 STATEMENT OF CASE as to Sherry Durocher, Equal Employment Opportunity Commission. (Burnside, Tina) (Entered: 10/19/2004)
18 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 17 Statement of Case (Burnside, Tina) (Entered: 10/19/2004)
19 STATEMENT OF CASE as to Entronix International, Inc.. (Attachments: # 1 Certificate of Service)(Engbloom, Julie) (Entered: 10/20/2004)
20 Minute Entry for proceedings held before Magistrate Judge Raymond L Erickson : Initial Pretrial Conference held on 10/25/2004. (JLB) (Entered: 10/26/2004)

3 of 4

5/29/2007 12:22 PM

CM/ECF - District of Minnesota - Live - Docket Report

https://ecf.mnd.uscourts.gov/cgi-bin/DktRpt.pl?213581325299296-L_9...

10/26/2004
11/29/2004 12/20/2004 12/20/2004 12/20/2004

21 PRETRIAL ORDER: Amended Pleadings due by 11/22/2004. Discovery due by 8/1/2005. Joinder of Parties due by 11/22/2004. Motions (non-disp) due 9/1/2005. Motions (disp) due by 10/1/2005. Ready for trial due by 10/1/2005. Signed by Magistrate Judge Raymond L Erickson on 10/26/04. (JLB) (Entered: 10/26/2004)
22 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission (Burnside, Tina) (Entered: 11/29/2004)
23 CONSENT DECREE. (MKC) (Entered: 12/20/2004)
24 CONFESSION OF JUDGMENT AND WARRANT OF ATTORNEY. (MKC) (Entered: 12/20/2004)
25 ORDER the court hereby dismisses the Plaintiff's and Plaintiff- Intervenor's claims in this lawuit with prejudice, and the Court retains jurisdiction to enforce the provisions of the Consent Decree . Signed by Judge James M Rosenbaum on 12/16/04. (MKC) (Entered: 12/20/2004)

PACER Service Center

Transaction Receipt

PACER Login:
Description:
Billable Pages:

05/29/2007 12:21:36

hs0328 Client Code: eeoc

Docket Report

Search Criteria:

0:04-cv-02924-JMR-RLE

2

Cost:

0.16

4 of 4

5/29/2007 12:22 PM