UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

HAR 3 1 005

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

CLERK
U,S. DISTRICT COURT
MINNEAPOLIS, MINNESOTA

)

CIVIL ACTION NO.

Plaintiff,

)

)

v.

)

COMPLAINT

VENTURA FOODS, LLC

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Jury Trial Demand

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Defendant.

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NATURE OF THE ACTION This is an action under the Age Discrimination in Employment Act of 1967 ("ADEA"), Title VII of the Civil Rights Act of 1964 ("Title VII"), and the Equal Pay Act ("EPA") to correct unlawful employment practices instituted and maintained by Defendant. Specifically, Defendant institutes and maintains a policy contained in its Severance Agreement and General Release that requires terminated employees to waive their fights to file a discrimination charge with the EEOC in exchange for severance paymentsS. uch policy is retaliatory under the ADEA, Title VII and the EPA.
JURISDICTION AND VENUE 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 Sections 4(d) and 7(b) of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. §§623(d) and 626(b) ("ADEA"), which incorporates by reference Sections 16(c) and 17 of the Fair Labor Standards Act of 1938 ("FLSA"), as amended, 29 U.S.C. §§216(c) and 217; Section 7~6(f)i{~l)~df’litle VII

of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1) and Section 704(a), 42 U.S.C. §2000e-3(a) ("Title VII"); and Section t7 of the FLSA, 29 U.S.C. §217, to enforce the requirements of the Equal Pay Act of 1963 ("EPA"), codified as Section 15 of the FLSA, 29 U.S.C. §215(a)(3).
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 Opporttmity Commission ("EEOC"), is the agency of the United States of America charged with the administration, interpretation, and enfomement of the ADEA, Title VII and the EPA, and is expressly authorized to bring this action by Sections 4(d) and 7(b) of the ADEA, 29 U.S.C. §§623(d) and 626(b) as amended by Section 2 of the Reorganization Plan No. 1 of t978, 92 Star. 3781, and Public Law 98-532 (1984), 98 Stat. 2705; Section 706(0(1) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3); and Section 17 of the FLSA, 29 U.S.C. Section 217, as amended by Section 1 of the Reorganization Plan No. 1 of 1978, 92 Star. 3781, and Public Law 98-532 (1984), 98 Star. 2705. 4. At all relevant times, Ventura Foods, LLC ("Defendant"), has continuously been a Delaware corporation doing business in the State of Minnesota and the City of Albert Lea, and has continuously had at least 15 employees. Defendant has also continuously been doing business in at least eight other states including Louisiana, Alabama, Pennsylvania, Texas, Oregon, Missouri, Wisconsin and California, and has continuously had at least 15 employees.
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5. At all relevant times, Defendant has continuously been an employer engaged in an industry affecting commerce under Sections 1 l(b), (g) and (h) of the ADEA, 29 U.S.C. §§630 (b), (g) and (h).
At all relevant times, Defendant has continuously been an employer engaged in an industry affecting commerce under Sections 701 (b), (g) and (h) of Title VI|, 42 U.S.C. § § 2000e (b), (g) and (h).
7. At all relevant times, Defendant has acted directly or indirectly as an employer in relation to employees and has continuously been an employer within the meaning of Section 3(d) of the FLSA, 29 U.S.C. §203(d).
8. At all relevant times, Defendant has continuously employed employees engaged in commerce or in the production of goods for commerce within the meaning of Sections 3(b), (i) and (j) of the FLSA, 29 U.S.C. §§203(b), (i) and (j) or has continuously been an enterprise engaged in commerce or in the production of goods for commerce within the meaning of Sections 3(r) mad (s) of the FLSA, 29 U.S.C. §§203(r) and (s), in that said enterprise has continuously been an enterprise whose annual gross volume of sales made or business done is not less than $500,000.
CONCILIATION 9. Prior to the institution of this lawsuit, the EEOC’s representatives attempted to eliminate the unlawful employment practices alleged below and to effect voluntary compliance with the ADEA through informal methods of conciliation, conference and persuasion within the meaning of Section 7(b) of the ADEA, 29 U.S.C. §626(b).

STATEMENT OF CLAIMS 10. More than thirty days prior to the institution of this lawsuit, Donald R. Anderson filed a charge with the EEOC alleging violations of the ADEA by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 11. At all relevant times, Defendant has had a policy in which it requires terminated employees to sign a document titled "Severance Agreement and General Release" in exchange for monetary compensation and benefits. A provision included in the Severance Agreement and General Release requires that an employee promise to never file a discrimination charge. The provision prohibits an employee from filing or prosecuting a charge with any administrative agency, and to request any administrative agency or other body assuming jurisdiction of any such lawsuit, complaint or charge to withdraw from the matter or dismiss the matter with prejudice. The effect of such practices is that it: a. retaliates against individuals affected by the Severance Agreement and
General Release because it violates their rights under the ADEA, Title VII and the EPA to file a charge with the EEOC, or to testify, assist or participate in an EEOC investigation or proceeding; and b. impedes the EEOC in its ability to investigate charges of discrimination, and carry out its mission mandated by Congress to enforce the federal antidiscrimination laws. 12. The unlawful employment practices complained of in paragraph l 1 above were intentional.
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13. The unlawful employment practices complained of in paragraph 11 above were done with malice or with reckless indifference to the federally protected rights of employees.
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 instituting and maintaining a Severance Agreement and General Release, or any other similar agreement, which retaliates because of an employee’s right to file a charge with the EEOC, or participate in an EEOC investigation or proceeding. B. Order Defendant to contact former employees who were affected by the Severance Agreement and GeneraI Release by delivering a corrective notice with a revised Severance Agreement and General Release, and tolling all limitations periods for a charge, claim or (under the EPA) suit filing until the date of actual delivery of corrective notice, which sets the applicable time limitation running anew. C. Order Defendant to institute and carry out policies, practices and procedures, which provide equal employment opportunities for employees who wish to file charges with the EEOC or participate in an EEOC investigation or proceeding, and which eradicates the effects of its past and present unlawful employment practices. D. Order Defendant to make whole any employees by providing affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to revising the Severance Agreement and General Release to expressly permit employees to file

charges with the EEOC, m~d to participate in an EEOC investigation or proceeding ~vithout losing their severance pay and benefits and without violating the agreement.
E. Order Defendant to make whole any employee whose severance pay and/or benefits were withheld by Defendant because he or she either filed a charge with the EEOC or participated in an EEOC investigation or proceeding.
F. Order Defendant to make whole any employee whose severance pay and/or benefits were withheld by Defendant because they refused to sign the Severance Agreement and General Release because it prohibited the individual from filing a charge with the EEOC or participating in an EEOC investigation or proceeding.
Grant such further relief as the Court deems necessary and proper in the pun ic interest.
H. Award the EEOC its costs of this action. 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

Dated: Dated:

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 "L" Street, N.W. Washington, D.C. 20507
AK~ttoMrnPey / ~
TIN,~URNSiD~((VI# 1026965) Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Minneapolis Area Office 330 South Second Avenue - Suite 430 Minneapolis, MN 5540 t -2224 (612) 335-4047

 
 Case 0:05-cv-00663-RHK-JSM Document 52 Filed 09/01/2006 Page 1 of 5

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

v.

)

)

VENTURA FOODS, LLC,

)

)

)

Defendant.

)

)

Civil Action No. 05-663 (RHK/JSM)
CONSENT DECREE

Introduction

Plaintiff Equal Employment Opportunity Commission (hereinafter the

"Commission") has instituted this action alleging that Defendant Ventura Foods

retaliated against certain of its employees by requiring them to agree not to file a charge

of discrimination as a condition of receiving enhanced severance benefits. In its

Complaint, the EEOC alleged that this violated the Age Discrimination in Employment

Act of 1967 ("ADEA"), Title VII of the Civil Rights Act of 1964 (ATitle VII@), and the

Equal Pay Act (AEPA@). Defendant filed an answer in which it denies any such

violation(s). The Commission and Defendant have agreed to settle these claims.

THEREFORE, it is the finding of this Court, made on the pleadings and on

the record as a whole and upon agreement of the parties, that: (i) this Court has

jurisdiction over the parties to and the subject matter of this action, (ii) the requirements

of the ADEA, Title VII and the EPA will be carried out by the implementation of this

Decree, (iii) this Decree is intended to and does resolve all matters in controversy in this

lawsuit among the parties, and (iv) the terms of this Decree constitute a fair and

equitable settlement of all issues in this lawsuit.

MADISON\727792.1

Case 0:05-cv-00663-RHK-JSM Document 52 Filed 09/01/2006 Page 2 of 5
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED as follows: I. Injunctive Relief
1. Defendant shall not require as part of any agreement with employees or former employees that they will not file charges with the EEOC. Defendant will not institute or maintain a Severance Agreement and General Release, or any other similar agreement, which prohibits an employee from filing a charge with the EEOC or participating in an EEOC investigation or proceeding.
2. Within fifteen (15) days of the entry of the Consent Decree, Defendant will send a notice, by certified mail to the last known address, to all former employees who, between 2003 and the present, signed an agreement that contained language prohibiting the filing of an administrative charge with the EEOC. The notice will inform the employees that Ventura Foods is severing that clause of the agreement. The employees will be advised that they have a right to file a charge of discrimination with the EEOC and participate in EEOC proceedings without losing severance benefits or violating the agreement. Ventura Foods will copy the EEOC on the letters to the former employees.
3. Ventura Foods waives the limitation periods for filing a charge of discrimination with the EEOC. Ventura Foods will advise the employees receiving the notice in subsection (2) that they have 300 days from the date of actual receipt of the certified letter to file a charge of discrimination with the EEOC. If, after sending such a notice by Certified Mail, no receipt acknowledgement is returned, the measure of 300 days will begin on the date the notice was mailed.
MADISON\727792.1

Case 0:05-cv-00663-RHK-JSM Document 52 Filed 09/01/2006 Page 3 of 5
4. Defendant will re-offer enhanced severance benefits under the Severance Agreement and General Release as revised to any employee who refused to sign the agreement earlier and with whom Defendant has not reached a subsequent agreement or otherwise paid the enhanced severance amounts.
5. Defendant will not retaliate against any employee or former employee for making a charge, testifying, assisting, or participating in an investigation, proceeding or hearing, or for exercising the right to oppose any practice made an unlawful employment action by the ADEA, Title VII, or the EPA. II. Reporting
6. Within thirty (30) days of the entry of this Decree, Defendant shall prepare and submit to the undersigned EEOC attorney a letter indicating that it has complied with the provisions of this Decree.
7. During the term of this Decree Defendant shall allow representatives of the Commission to review Defendant's compliance with this Decree by inspecting and photocopying relevant documents and records, interviewing employees and management officials on their premises. Such review of compliance shall be initiated by written notice to the Defendant's attorney of record at least seven (7) business days in advance of any inspection of a Defendant's documents.
III. Term and Effect of Decree 8. This Decree constitutes the full, final and complete resolution of the EEOC's claim
that Ventura Foods violated the ADEA, Title VII, and the EPA by retaliating against former employees by requiring that they waive their right to file a charge with the EEOC as a condition of receiving severance pay.
MADISON\727792.1

Case 0:05-cv-00663-RHK-JSM Document 52 Filed 09/01/2006 Page 4 of 5

9. This Decree shall be for a period of two years and can only be extended for good cause shown. During the Decree's term the Court shall retain jurisdiction of this cause for purposes of compliance.
10. Each party shall bear that party's own costs and attorneys fees.

DATE:

9/1/06

s/Richard H. Kyle Richard H. Kyle United States District Court Judge

BY CONSENT: BY CONSENT:
MADISON\727792.1

FOR DEFENDANT:
s/Thomas P. Godar Thomas P. Godar Whyte Hirschboeck Dudek S.C. 1 East Main Street, Suite 300 Madison, WI 53703-3300 (608) 234-6064
FOR PLAINTIFF: EQUAL EMPLOYMENT OPPORTUNITY COMMISSION RONALD S. COOPER General Counsel JAMES L. LEE Deputy General Counsel

Case 0:05-cv-00663-RHK-JSM Document 52 Filed 09/01/2006 Page 5 of 5

Dated: 8/31/06 Dated: 8/31/06

GWENDOLYN YOUNG REAMS Associate General Counsel 1801 L Street, N.W. Washington, DC 20507
s/John C. Hendrickson JOHN C. HENDRICKSON Regional Attorney Chicago District Office 500 West Madison Street, Suite 2800 Chicago, IL 60661 (312) 353-8550
s/Laurie A. Vasichek LAURIE A. VASICHEK (#0171438) Senior Trial Attorney Minneapolis Area Office 330 Second Avenue South, Suite 430 Minneapolis, MN 55401 (612) 335-4061 laurie.vasichek@eeoc.gov

MADISON\727792.1

 
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ATYADM, CLOSED, CV, PHV, PROTO, T7
U.S. District Court District of Minnesota (DMN) CIVIL DOCKET FOR CASE #: 0:05-cv-00663-RHK-JSM

Equal Employment Opportunity Commission v. Ventura Foods, LLC Assigned to: Judge Richard H. Kyle Referred to: Magistrate Judge Janie S. Mayeron Cause: 42:2000 Job Discrimination (Age)

Date Filed: 03/31/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Eric S Dreiband Not Admitted LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gwendolyn Young Reams Not Admitted LEAD ATTORNEY ATTORNEY TO BE NOTICED

James L Lee Not Admitted LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

John-NA C Hendrickson Not Admitted LEAD ATTORNEY ATTORNEY TO BE NOTICED

Laurie A Vasichek Equal Employment Opportunity Commission 330 S 2nd Ave Ste 430 Minneapolis, MN 55401-2224

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V. Defendant Ventura Foods, LLC
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612-335-4040 Fax: 612-335-4044 Email: laurie.vasichek@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 TERMINATED: 05/30/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Amy C Taber Faegre & Benson LLP 2200 Wells Fargo Center 90 South Seventh Street Mpls, MN 55402-3901 612-766-8485 Fax: 612-766-1600 Email: ataber@faegre.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Andrew E Tanick Rider Bennett, LLP 33 S 6th St Ste 4900 Mpls, MN 55402 612-340-8907 Fax: 612-340-7900 Email: atanick@riderlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Daniel J McGarry Whyte Hirschboeck Dudek 1 E Main St Ste 300 Madison, WI 53703 608-255-4440 Fax: 608-258-7138 Email: dmcgarry@whdlaw.com ATTORNEY TO BE NOTICED
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Date Filed 03/31/2005
03/31/2005 04/05/2005 09/16/2005 09/16/2005 10/17/2005 11/23/2005
12/02/2005 12/02/2005 12/08/2005
12/09/2005

Thomas Godar Whyte Hirschboeck Dudek SC 1 E Main St Ste 300 Madison, WI 53703 608-255-4440 Email: tgodar@whdlaw.com TERMINATED: 01/19/2006

#

Docket Text

1 COMPLAINT against Ventura Foods, LLC, filed by Equal Employment Opportunity Commission. Assigned to Judge Richard H Kyle and referred to Magistrate Judge Janie S Mayeron per Individual Civil Rights list. 4:05ad225. (Attachments: # 1 Civil Cover Sheet).(LJD) (Entered: 04/01/2005)
Summons Issued as to Ventura Foods, LLC. (LJD) (Entered: 04/01/2005)
2 SUMMONS Returned Executed by Equal Employment Opportunity Commission. Ventura Foods, LLC served on 4/1/2005, answer due 4/21/2005. (LJD) (Entered: 04/05/2005)
3 ANSWER to Complaint by Ventura Foods, LLC. (Attachments: # 1 Exhibit A)(McGarry, Daniel) (Entered: 09/16/2005)
4 CERTIFICATE OF SERVICE by Ventura Foods, LLC re 3 Answer(McGarry, Daniel) Modified links on 9/19/2005 (LJD). (Entered: 09/16/2005)
5 NOTICE of PRETRIAL CONFERENCE: Pretrial Conference set for 12/5/2005 01:45 PM before Magistrate Judge Janie S Mayeron. (LPH) (Entered: 10/18/2005)
6 REPORT of Rule 26(f) Planning Meeting by Equal Employment Opportunity Commission and Ventura Foods. (Attachments: # 1 Certificate of Service)(Burnside, Tina) Added Filer on 11/25/2005 (JME). (Entered: 11/23/2005)
7 NOTICE of Appearance by Amy C Taber on behalf of Ventura Foods, LLC (Taber, Amy) (Entered: 12/02/2005)
8 CERTIFICATE OF SERVICE by Ventura Foods, LLC re 7 Notice of Appearance Association of Counsel for Defendant Ventura Foods, LLC (Taber, Amy) (Entered: 12/02/2005)
9 PRETRIAL SCHEDULING ORDER: Discovery due by 5/1/2006. Motions (non-disp) due 7/1/2006. Motions (disp) due by 8/1/2006. Ready for trial due by 11/1/2006. Signed by Magistrate Judge Janie S Mayeron on 12/8/05. (JME) (Entered: 12/08/2005)
10 DOCUMENT FILED IN ERROR - REPLACED BY DOC. #11. MOTION for Admission Pro Hac Vice for Thomas Godar by Ventura Foods, LLC. (Attachments: # 1 Certificate of Service)(Taber, Amy) Modified on 12/13/2005

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01/04/2006 01/04/2006
01/19/2006 01/19/2006 03/06/2006 03/06/2006 03/09/2006 03/16/2006 04/11/2006 05/30/2006 06/07/2006 06/07/2006
06/13/2006 06/15/2006

(MMC). Modified on 1/6/2006 (MMC). (Entered: 12/09/2005)
11 AMENDED MOTION for Admission Pro Hac Vice for Thomas Godar by Ventura Foods, LLC - Replaces Doc. #10. (Attachments: # 1 Affidavit of Service)(Taber, Amy) Modified on 1/6/2006 (MMC). (Entered: 01/04/2006)
TEXT ONLY ENTRY - ORDER granting 11 Motion for Admission Pro Hac Vice of Attorney Thomas Godar for Ventura Foods, LLC. Fee paid; receipt number 147989. Approved by Clerk Richard D Sletten on 1/4/06. (MMC) (Entered: 01/06/2006)
12 NOTICE OF ATTORNEY APPEARANCE/SUBSTITUTION for Ventura Foods, LLC (Taber, Amy) (Entered: 01/19/2006)
13 CERTIFICATE OF SERVICE by Ventura Foods, LLC re 12 Notice of Attorney Appearance/Substitution (Taber, Amy) (Entered: 01/19/2006)
14 STIPULATION for Protective Order by Equal Employment Opportunity Commission, Ventura Foods, LLC. (Burnside, Tina) (Entered: 03/06/2006)
15 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 14 Stipulation for Protective Order (Burnside, Tina) (Entered: 03/06/2006)
16 ORDER FOR Settlement Conference set for 4/13/2006 at 10:30 AM before Magistrate Judge Janie S Mayeron in Room 710 in St. Paul. Signed by Magistrate Judge Janie S Mayeron on 3/9/06. (JME) (Entered: 03/09/2006)
17 PROTECTIVE ORDER. Signed by Magistrate Judge Janie S Mayeron on 3/16/06. (JMH) (Entered: 03/16/2006)
18 ORDER that the early settlement conference scheduled on 4/13/06 is canceled. Signed by Magistrate Judge Janie S Mayeron on 4/11/06. (JME) (Entered: 04/11/2006)
19 NOTICE by Equal Employment Opportunity Commission of Withdrawal and Substitution of Counsel (Attachments: # 1 Certificate of Service)(Vasichek, Laurie) (Entered: 05/30/2006)
20 STIPULATION to Seek Modification of the Court's Pre-Trial Scheduling Order by Equal Employment Opportunity Commission, Ventura Foods, LLC. (Attachments: # 1 Certificate of Service)(Taber, Amy) (Entered: 06/07/2006)
21 ORDER denying 20 Stipulation seeking modification of the Pretrial Scheduling Order filed by Equal Employment Opportunity Commission, Ventura Foods, LLC. Signed by Magistrate Judge Janie S Mayeron on 6/7/06. (JME) (Entered: 06/07/2006)
22 STIPULATION to Seek Modification of the Court's Pre-Trial Scheduling Order by Equal Employment Opportunity Commission, Ventura Foods, LLC. (Attachments: # 1)(Taber, Amy) (Entered: 06/13/2006)
23 AMENDED PRETRIAL SCHEDULING ORDER: Discovery due by 7/15/2006. Motions (non-disp) due 8/1/2006. Motions (disp) due by 9/1/2006. Signed by Magistrate Judge Janie S Mayeron on 6/15/06. (JME) (Entered: 06/15/2006)

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06/19/2006 06/27/2006 06/27/2006 06/27/2006 07/14/2006 07/14/2006
07/14/2006 07/14/2006 07/14/2006 07/14/2006 07/14/2006 07/14/2006 08/08/2006

24 SECOND AMENDED SCHEDULING ORDER: Discovery due by 8/1/2006. Motions (non-disp) due 8/15/2006. Motions (disp) due by 9/1/2006. Ready for trial due by 11/1/2006. Signed by Magistrate Judge Janie S Mayeron on 6/19/06. (GJS) (Entered: 06/19/2006)
25 MOTION for Summary Judgment by Ventura Foods, LLC. (Taber, Amy) (Entered: 06/27/2006)
26 NOTICE OF HEARING ON MOTION 25 MOTION for Summary Judgment: Motion Hearing set for 8/28/2006 09:00 AM in St Paul - Courtroom 1 before Judge Richard H Kyle. (Taber, Amy) (Entered: 06/27/2006)
27 CERTIFICATE OF SERVICE by Ventura Foods, LLC re 26 Notice of Hearing on Motion, 25 MOTION for Summary Judgment (Taber, Amy) (Entered: 06/27/2006)
28 MEMORANDUM in Support re 25 MOTION for Summary Judgment filed by Ventura Foods, LLC. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Taber, Amy) Modified on 7/17/2006 (gjs). (Entered: 07/14/2006)
29 AFFIDAVIT of Daniel J. McCarrel in SUPPORT OF 25 MOTION for Summary Judgment filed by Ventura Foods, LLC. (Attachments: # 1 Exhibit(s) Index# 2 Exhibit(s) 1 - Severance Pay Policy# 3 Exhibit(s) 2 - Severance Agreement and General Release# 4 Exhibit(s) 3 - Charge of Discrimination dated 10/30/03# 5 Exhibit(s) 4 - EEOC Determination dated 9/30/04)(Taber, Amy) (Entered: 07/14/2006)
30 MOTION for Summary Judgment by Equal Employment Opportunity Commission. (Vasichek, Laurie) (Entered: 07/14/2006)
31 NOTICE OF HEARING ON MOTION 30 MOTION for Summary Judgment: Motion Hearing set for 8/28/2006 09:00 AM in St Paul - Courtroom 1 before Judge Richard H Kyle. (Vasichek, Laurie) (Entered: 07/14/2006)
32 MEMORANDUM in Support re 30 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 Appendix Enforcement Guidance# 2 LR7.1 Word Count Compliance Certificate)(Vasichek, Laurie) (Entered: 07/14/2006)
33 CERTIFICATE OF SERVICE by Ventura Foods, LLC re 28 Memorandum in Support of Motion for Summary Judgment (Taber, Amy) (Entered: 07/14/2006)
34 Declaration of Laurie A. Vasichek in Support of 30 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit(s) 1# 2 Exhibit(s) 2# 3 Exhibit(s) 3# 4 Exhibit(s) 4# 5 Exhibit(s) 5# 6 Exhibit(s) 6)(Vasichek, Laurie) (Entered: 07/14/2006)
35 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 30 MOTION for Summary Judgment, 34 Declaration in Support,, 32 Memorandum in Support of Motion, 31 Notice of Hearing on Motion (Vasichek, Laurie) (Entered: 07/14/2006)
36 MEMORANDUM in Opposition re 25Defendant's MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit # 2 Word Count Compliance Certificate)(Vasichek, Laurie) Modified

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08/08/2006 08/08/2006 08/08/2006 08/08/2006 08/08/2006 08/08/2006 08/08/2006 08/16/2006
08/16/2006 08/16/2006 08/16/2006 08/16/2006

link and description of attachments on 8/8/2006 (gjs). Modified text on 8/9/2006 (KT). (Entered: 08/08/2006)
37 CERTIFICATE OF SERVICE RE: 36 Memorandum in Opposition 38 Declaration by Laurie A Vasichek on behalf of Equal Employment Opportunity Commission. (Vasichek, Laurie) Modified on 8/8/2006 (gjs). (Entered: 08/08/2006)
38 DECLARATION OF LAURIE A. VASICHEK by Equal Employment Opportunity Commission re: 36 Memorandum In Opposition . (Attachments: # 1Exh. #1 # 2Exh. #2 # 3Exh. #3 # 4 Exh. #4 # 5 Exh. #5 # 6 Exh. #6# 7Exh. #7)(Vasichek, Laurie) Modified on 8/8/2006 (gjs). (Entered: 08/08/2006)
39 RESPONSE in Opposition re 30 MOTION for Summary Judgment by EEOC filed by Ventura Foods, LLC. (Taber, Amy) (Entered: 08/08/2006)
40 AFFIDAVIT OF THOMAS A. GODAR in Support re 39 Response in Opposition to Motion for Summary Judgment. (Taber, Amy) Modified text on 8/9/2006 (KT). (Entered: 08/08/2006)
41 EXHIBIT re 40 Affidavit in Support of Response in Opposition to Summary Judgment by Ventura Foods, LLC. (Taber, Amy) (Entered: 08/08/2006)
42 LR7.1 WORD COUNT COMPLIANCE CERTIFICATE by Ventura Foods, LLC re 39 Response in Opposition to Motion filed by Ventura Foods, LLC. (Taber, Amy) (Entered: 08/08/2006)
43 CERTIFICATE OF SERVICE by Ventura Foods, LLC re 41 Exhibit, 42 LR7.1 Word Count Compliance Certificate, 39 Response in Opposition to Motion, 40 Affidavit in Support of Response in Opposition to Summary Judgment (Taber, Amy) (Entered: 08/08/2006)
44 REPLY MEMORANDUM IN SUPPORT OF 30 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 Appendix EEOC v. Lockheed Martin Corp.# 2 Appendix Federal Register# 3 LR7.1 Word Count Compliance Certificate)(Vasichek, Laurie) Modified text on 8/17/2006 (KT). (Entered: 08/16/2006)
45 Supplemental Declaration of Laurie A. Vasichek in Support of 30 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit(s) No. 7)(Vasichek, Laurie) (Entered: 08/16/2006)
46 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 45 Declaration in Support, 44 Reply re Motion for Summary Judgment filed by Equal Employment Opportunity Commission (Vasichek, Laurie) (Entered: 08/16/2006)
47 REPLY BRIEF IN SUPPORT OF 25 MOTION for Summary Judgment filed by Ventura Foods, LLC. (Taber, Amy) Modified text and link on 8/17/2006 (KT). (Entered: 08/16/2006)
48 LR7.1 WORD COUNT COMPLIANCE CERTIFICATE by Ventura Foods, LLC re 47 Reply filed by Ventura Foods, LLC. (Taber, Amy) (Entered: 08/16/2006)

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

https://ecf.mnd.uscourts.gov/cgi-bin/DktRpt.pl?444199420641529-L_9...

08/16/2006 08/23/2006
08/30/2006 09/01/2006

49 CERTIFICATE OF SERVICE by Ventura Foods, LLC re 48 LR7.1 Word Count Compliance Certificate, 47 Reply (Taber, Amy) (Entered: 08/16/2006)
50 NOTICE OF HEARING TIME ON MOTIONS FOR SUMMARY JUDGMENT - 8:00 MONDAY, AUGUST 28, 2006 IN COURTROOM #1 BEFORE JUDGE KYLE. (ds) (Entered: 08/23/2006)
51 ORDER DISMISSING CASE. Signed by Judge Richard H Kyle on 8/30/06. (ds) (Entered: 08/30/2006)
52 CONSENT DECREE. (Written Opinion). Signed by Judge Richard H. Kyle on 09/01/06. (rhks) Modified on 9/1/2006 (JME). (Entered: 09/01/2006)

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