Civil Action No.

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
MEDEGEN MEDICAL PRODUCTS, LLC, A Delaware Limited Liability Company operating in Colorado,
Defendant.
______________________________________________________________________________
COMPLAINT AND JURY TRIAL DEMAND

NATURE OF THE ACTION This is an action under the Age Discrimination in Employment Act to correct unlawful employment practices on the basis of age and to provide appropriate relief to a class of individuals over age 40, whom Defendant laid off because of their age. The Equal Employment Opportunity Commission (“EEOC” or “Commission”) alleges that Defendant, Medegen Medical Products, LLC (“Medegen”), terminated employees who are at least 40 years of age and older because of their age, including Robert Marshall (age 56), Ronald Bracey (age 60), Irene Price (age 60), Sherrie Neil (age 62), Cathy Schnabel (age 53), Robert Esselborn (age 63), Don Gibson (age 49), and Greg Woznicki (age 53) (hereinafter referred to collectively as the “terminated employees”). In addition, Defendant constructively discharged Ms. Schnabel by reducing her work hours.

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 7(b) of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 626(b) (the “ADEA”), which incorporates by reference Section 16(c) and 17 of the Fair Labor Standards Act of 1938 (the “FLSA”), as amended, 29 U.S.C. §§216(c) and 217. 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 Colorado. 3. More than thirty days prior to the institution of this lawsuit, six former employees of Medegen filed charges of discrimination with the EEOC alleging violations of the ADEA by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled.
PARTIES 4. 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 the ADEA and is expressly authorized to bring this action by Section 7(b) of the ADEA, 29 U.S.C. § 626(b), as amended by Section 2 of Reorganization Plan No. 1 of 1978, 92 Stat. 3781, and by Public Law 98-532 (1984), 98 Stat. 2705. 5. At all relevant times, Defendant Medegen has continuously been a domestic corporation doing business in the State of Colorado and the City of Northglenn, and has continuously had at least 20 employees. 6. At all relevant times, Defendant Medegen has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 11(b), (g) and (h) of the ADEA, 29 U.S.C. §§ 630(b), (g) and (h).
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CONCILIATION 7. Prior to institution of this lawsuit, the Commission’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 8. Since at least January of 2003, Defendant engaged in unlawful employment practices in violation of Section 623(a)(1) of the ADEA, 29 U.S.C. § 623 (a)(1) by terminating older employees because of their age, and treating substantially younger employees more favorably. 9. In early 2003, Medegen devised and instituted a reduction in force (“RIF”). During this RIF, all eight terminated employees were terminated. Many of the workers who were retained at Medegen had less time and/or experience with the company than the terminated employees. 10. During the RIF, older workers were targeted for termination. Although some of the older employees were told that their jobs were being eliminated, younger employees assumed their job duties or were hired for the “eliminated” positions after the eight “terminated individuals” were terminated. 11. Moreover, shortly after the layoffs, Medegen advertised job openings in the newspaper for jobs that some of the terminated employees could have performed. For example, subsequent to the RIF, Medegen advertised for an equipment/process technician--the position Bracey held until he was told it was being eliminated. The “terminated employees” were not
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informed about open positions, nor were they given the opportunity to transfer to or apply for those positions that had been advertised.
12. Upon information and belief, Jim Bennett (“Bennett”), the Colorado Plant Manager, who is believed to be significantly younger than the workers subject to the RIF, made the final decisions regarding who would be terminated. He did so with the knowledge and acquiescence of the company and with the intent and purpose of discriminating against older workers.
13. Additionally, as a sign of the premeditated thought process indicating intentional discrimination, just prior to the layoffs, Bennett had requested retirement information be distributed to all Medegen employees over the age of sixty (60).
14. The effect of the practices complained of in paragraphs 8-13 above has been to deprive employees 40 years of age or older, including Robert Marshall, Ronald Bracey, Irene Price, Sherrie Neil, Cathy Schnabel, Robert Esselborn, Don Gibson, and Greg Woznicki, of equal employment opportunities and otherwise adversely affect their status as employees because of their age.
15. The unlawful employment practices complained of in paragraphs 8-13 above are willful within the meaning of Section 7(b) of the ADEA, 29 U.S.C. § 626(b).
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Medegen, its officers, successors, assigns and all persons in active concert or participation with it, from engaging in discipline, retaliation, and any other employment practice which discriminates on the basis of age against individuals 40 years of age and older.
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B. Order Defendant Medegen to institute and carry out policies, practices and programs which provide equal employment opportunities for individuals 40 years of age and older, and which eradicate the effects of its past and present unlawful employment practices.
C. Grant a judgment requiring Defendant Medegen to pay appropriate back wages in an amount to be determined at trial, an equal sum as liquidated damages, and prejudgment interest to individuals whose wages are being unlawfully withheld as a result of the acts complained of above.
D. Order Medegen to make whole a class of protected age group employees who were adversely affected by the unlawful practices described above, by providing the affirmative relief necessary to eradicate the effects of its unlawful practices, including but not limited to rightful-place hiring of the class of protected age group employees and/or front pay.
E. Grant such further relief as the Court deems necessary and proper in the public interest.
F. Award the Commission its costs of this action. JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its Complaint. DATED this 26th day of September, 2006.
Respectfully submitted, RONALD S. COOPER General Counsel U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, N.W. Washington, D.C. 20507 MARY JO O’NEILL Regional Attorney Phoenix District Office
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s/ Nancy A. Weeks NANCY A. WEEKS Supervisory Trial Attorney EEOC Denver Field Office 303 E. 17th Ave., Suite 510 Denver, CO 80203 nancy.weeks@eeoc.gov 303-866-1947 s/ Anjuli Kelotra ANJULI KELOTRA Senior Trial Attorney anjuli.kelotra@eeoc.gov 303-866-1378
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 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Civil Action No. 1:06-cv-1913-MSK-MEH EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, v. MEDEGEN MEDICAL PRODUCTS, LLC,
Defendant.
______________________________________________________________________________ NOTICE OF SETTLEMENT AND
JOINT MOTION FOR APPROVAL OF STIPULATED DISMISSAL ______________________________________________________________________________ Rule 7.1 Certification: The Parties, through Defendant’s counsel Jonathan E. Kaplan and Plaintiff EEOC’s counsel Nancy Weeks, respectfully request that the Court enter an Order approving the attached Stipulation for Dismissal with Prejudice.
In support thereof, the Parties state: 1. The parties have successfully resolved this matter and submit the attached Settlement
Agreement for the Court’s review. 2. As the parties have resolved the issues to their satisfaction, they jointly request that
the Court sign the Stipulation for Dismissal with Prejudice.

Dated: October 11, 2006

Respectfully submitted,
MARY JO O'NEILL Regional Attorney
s/ Nancy A. Weeks NANCY A. WEEKS Supervisory Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Denver Field Office 303 E. 17th Avenue, Suite 510 Denver, Colorado 80203 Telephone: (303) 866-1947 Facsimile: (303) 866-1375 nancy.weeks@eeoc.gov

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Attachment B IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 1:06-cv-1913-MSK-MEH
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, v.
MEDEGEN MEDICAL PRODUCTS, LLC,
Defendant. ______________________________________________________________________________
STIPULATION FOR DISMISSAL WITH PREJUDICE ______________________________________________________________________________
Pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), it is hereby stipulated by the parties that all of Plaintiff’s claims in the above-captioned action against Defendant shall be dismissed with prejudice, each party to bear their own costs, attorneys’ fees, and expenses, provided that the parties further stipulate that the Court shall retain jurisdiction over this matter solely to enforce the terms of the attached Settlement Agreement, should such be necessary.
SO ORDERED this ______ day of __________________, 2006.

_________________________________________ United States District Judge

STIPULATED AND APPROVED:
________________ Nancy A. Weeks Supervisory Trial Attorney EEOC Denver Field Office 303 East 17th Avenue, Suite 510 Denver, CO 80203 (303) 866-1947 nancy.weeks@eeoc.gov Attorney for Plaintiff EEOC

__________________________________ Jonathan E. Kaplan Kiesewetter Wise Kaplan Prather PLC 3725 Champion Hills Drive, Suite 3000 Memphis, Tennessee, 28125 (901) 795-6695
Attorneys for Defendant

Attachment A IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:06-cv-1913-MSK-MEH EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, v. MEDEGEN MEDICAL PRODUCTS, LLC,
Defendant. _____________________________________________________________________________
SETTLEMENT AGREEMENT _____________________________________________________________________________
This Settlement Agreement (hereafter “Agreement”) is willingly and voluntarily entered into between the Equal Employment Opportunity Commission (hereafter “Commission” or “EEOC”), an agency of the United States government, and Medegen Medical Products, LLC (hereafter “Medegen” or the “Company”).
In January, 2003, Medegen laid off a number of employees from its Colorado facilities, including Robert Marshall, Robert Esselborn, Cathy Schnabel, Irene Price, Sherrie Neil, Ronald Bracey, Donald Gibson, and Gregory Woznicki.
On or about September 9, 2003, Robert Marshall (EEOC Charge No. 320-2003-02029), Robert Esselborn (EEOC Charge No. 320-2003-02030), Cathy Schnabel (EEOC Charge No. 320-2003-02031), Irene Price (EEOC Charge No. 320-2003-02032), Sherrie Neil (EEOC Charge No. 320-2003-02033), and Ronald Bracey (EEOC Charge No. 320-2003-02034) (hereafter collectively “Charging Parties”) filed Charges of Discrimination with EEOC alleging that

Medegen discriminated against them because of their age by treating them less favorably than younger workers in selecting them for layoff from the Company’s Colorado facilities in January, 2003, which Charges were amended on or about May 6, 2005.
EEOC alleges that Medegen discriminated against Robert Marshall, Robert Esselborn, Cathy Schnabel, Irene Price, Sherrie Neil, Ronald Bracey, Donald Gibson, and Gregory Woznicki because of their age by treating them less favorably than younger workers in selecting them for layoff from the Company’s Colorado facilities in January, 2003.
Medegen denies that it has discriminated against Robert Marshall, Robert Esselborn, Cathy Schnabel, Irene Price, Sherrie Neil, Ronald Bracey, Donald Gibson, or Gregory Woznicki because of their age or that it treated them less favorably than younger workers in selecting them for layoff in January, 2003.
EEOC filed suit against Medegen in the case of EEOC v. Medegen Medical Products, LLC, Civil Action No. 1:06-cv-1913-MSK-MEH, pending in the United States District Court for the District of Colorado (hereafter the “Lawsuit”).
Prior to the filing of the Lawsuit, the parties agreed to settle fully, finally, and forever all of the claims that EEOC brought or could have brought against Medegen in the Lawsuit.
Accordingly, in consideration of the terms, conditions, and promises contained in this Agreement, and for other good and valuable consideration, the adequacy and sufficiency of which is hereby acknowledged by and for EEOC and Medegen, the parties hereby agree as follows:
1. The parties stipulate that the Court has jurisdiction to enforce the terms of this Agreement.
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2. The term of this Agreement shall be eighteen (18) months from the date of execution of this Agreement or until all of the payments under Paragraph 5 below have been made by Medegen, whichever is longer.
3. This Agreement resolves all claims arising out of the issues and claims in the Lawsuit and all individual claims that could be asserted by the employees named herein. This Agreement resolves all claims for equitable relief, damages, or any other type of monetary relief whatsoever that were brought or could have been brought by EEOC in the Lawsuit as well as any other claims that could have been brought by the individual employees named herein. EEOC does hereby fully, finally, and forever release Medegen Medical Products, LLC and its current and former parent, subsidiaries, divisions, and affiliated or related companies, and each of their current and former members, owners, stockholders, officers, directors, predecessors, successors, assigns, agents, representatives, employees, trustees, heirs, executors, administrators, and attorneys, and all persons acting by, through, under, or in concert with any of them (hereafter collectively referred to as “Medegen Released Parties”), of and from any and all complaints, claims, demands, controversies, actions, causes of action, suits, rights, damages, and costs, (including all statutory claims for attorneys’ fees or costs), whether in law or equity, arising under the Age Discrimination in Employment Act of 1967, as amended, and regarding any aspect of the January, 2003 reduction in force and layoff at Medegen’s Colorado facilities. This Agreement specifically includes, but not by way of limitation, all matters and claims asserted by EEOC against Medegen Released Parties in the Lawsuit, together with any and all matters, rights, or claims which might or could have been asserted by EEOC against Medegen Released Parties in any charge, action, suit, or claim arising under the ADEA and regarding any aspect of the January, 2003 reduction in force and layoff at Medegen’s Colorado facilities. EEOC further
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agrees not to use any of the above-referenced Charges of Discrimination filed by the Charging

Parties as the jurisdictional basis for filing any other lawsuits against Medegen.

4. Contemporaneously with the execution of this Agreement, EEOC and Medegen,

by their respective counsel, shall enter into and execute a Stipulation of Dismissal With

Prejudice of the Lawsuit pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure in the

form attached to this Agreement as Attachment “A,” which shall be filed with the Court. It is

expressly understood and agreed by the parties that all of the commitments set forth in this

Agreement are contingent upon the dismissal with prejudice of all of EEOC’s claims against

Medegen in the Lawsuit.

5. In full settlement of all monetary claims on behalf of Charging Parties that could

have been asserted by the EEOC or by the individuals in their own cases, Medegen will pay the

total gross sum of Five Hundred Seventy-Four Thousand Five Hundred Ninety-Five Dollars and

Sixty-One Cents ($574,595.61) to Charging Parties and/or their attorneys, King and Greisen,

LLP, as follows:

Medegen will pay to Charging Parties’ attorneys, King & Greisen, LLP, the total sum of

One Hundred Eighty-Two Thousand Eight Hundred Seventy-Eight Dollars and Sixty-One Cents

($182,878.61) on or before October 6, 2006.

Medegen will pay directly to Robert Marshall, Robert Esselborn, Cathy Schnabel, Irene

Price, Sherrie Neil, and Ronald Bracey the total gross sum of Sixty-Five Thousand Two Hundred

Eighty-Six Dollars and Twenty Cents ($65,286.20) each in installments of the following amounts

on or before the following dates:

January 5, 2007 April 6, 2007 July 6, 2007 October 5, 2007

$9,326.60 to each Charging Party $9,326.60 to each Charging Party $9,326.60 to each Charging Party $9,326.60 to each Charging Party

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January 7, 2008 April 7, 2008 July 7, 2008

$9,326.60 to each Charging Party $9,326.60 to each Charging Party $9,326.60 to each Charging Party

Medegen will make such withholdings and deductions from these gross payments as directed by

each individual in separate Addendum Agreements with Medegen. Pursuant to the terms of

these separate Addendum Agreements, Medegen also will pay these individuals an additional

total gross sum of Ten Thousand Dollars ($10,000.00) each.

6. In full settlement of all monetary claims on behalf of Donald Gibson and Gregory

Woznicki, Medegen will pay as back pay to Donald Gibson the total gross sum of $9,189.60, less

all applicable deductions for federal and state income taxes, FICA, and Medicare, and will pay as

back pay to Gregory Woznicki the total gross sum of $1,255.85, less all applicable deductions

for federal and state income taxes, FICA, and Medicare. Payment of these sums will be made by

check within ten (10) business days of the entry of this Agreement and the dismissal of the

Lawsuit with prejudice, with copies of the checks sent to EEOC’s counsel.

7. Medegen will pay any administrative costs associated with the payment of

monetary relief under this Agreement.

8. If, at any time, Medegen fails to timely make any monetary payment required

under this Agreement or under the separate Addendum Agreements, judgment for all amounts

still remaining due and owed will enter in favor of Robert Marshall, Ronald Bracey, Irene Price,

Sherrie Neil, Cathy Schnabel, Robert Esselborn, Don Gibson, and Greg Woznicki.

9. Within thirty (30) days of the entry of this Agreement and the dismissal of the

Lawsuit with prejudice, Medegen will provide a plaque to each Charging Party recognizing his

or her years of service with Medegen, and a positive letter of reference to each Charging Party

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and to Donald Gibson. Medegen will provide a letter to EEOC’s counsel confirming its compliance with this Paragraph.
10. The provisions and terms of this Agreement shall apply only to Medegen’s Colorado facilities and employees located at 11060 Irma Drive, Northglenn, CO 80233.
11. Medegen denies that it has engaged in any employment practice that discriminates on the basis of age. Medegen will continue to comply with the ADEA during the term of this Agreement.
12. Medegen has not and will not engage in any retaliation of any kind against any person because of such person’s opposition to any practice made unlawful under the ADEA, or because of such person’s filing of a charge, giving of testimony, or participating in any manner in any investigation, proceeding, hearing, or lawsuit under the ADEA, or because such person is designated in this Agreement.
13. Medegen maintains and posts a comprehensive EEO Policy that prohibits all forms of employment discrimination, including age discrimination and retaliation against any employee who complains about age discrimination or who files a charge alleging age discrimination (“EEO Policy”). Medegen will continue to post its EEO Policy in both English and Spanish during the term of this Agreement in its Colorado facilities where notices to employees and applicants for employment are customarily kept or posted. Within thirty (30) days of the execution of this Agreement and the dismissal of the Lawsuit with prejudice, Medegen will provide a copy of its EEO Policy to all current employees, and to all newly hired employees within ten (10) business days of their hire. Within forty-five (45) days of the execution of this Agreement and the dismissal of the Lawsuit with prejudice, Medegen will
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provide EEOC with a copy of its EEO Policy and a letter indicating that the EEO Policy remains posted and has been distributed as provided above.
14. Medegen will conduct training for all its employees on what constitutes unlawful employment discrimination, which will include a review of Medegen’s EEO Policy, the procedures for employees to make complaints of discrimination, penalties that can be imposed on persons who engage in discriminatory behavior, and Medegen’s no harassment and nonretaliation policy. This training will be at Medegen’s expense, and will be conducted by Kiesewetter Wise Kaplan Prather, PLC or another vendor acceptable to EEOC. This training will be conducted in Spanish for those employees who are not English fluent. The training will be conducted as follows:
A. Non-managerial Employees By December 31, 2006, Medegen will provide non-managerial employees with two (2) hours of training regarding employment discrimination. After December 31, 2006, Medegen will provide this training to newly hired employees within ninety (90) days of their hire. B. Managers and Supervisors By December 31, 2006, Medegen will provide managers and supervisors with four (4) hours of training regarding employment discrimination. After December 31, 2006, Medegen will provide this training to employees newly hired or promoted into managerial or supervisory positions within ninety (90) days of their hire or promotion. C. Human Resource Professionals Medegen will continue to provide ongoing training on equal employment opportunity and non-discrimination for its Human Resources professionals, which includes at least eight
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(8) hours of training each year. Medegen will begin this training process with employees newly hired or promoted into Human Resources professional positions within ninety (90) days of their hire or promotion. Medegen will provide a letter to EEOC’s counsel verifying that the above training has been conducted. Medegen also will provide EEOC’s counsel with a confidential copy of any handout materials used in the training for managerial and non-managerial employees prior to the training. EEOC will return these handout materials to Medegen within twenty (20) business days of their receipt, and EEOC will not make, retain, or distribute any copies of such handout materials. 15. Within ten (10) business days of the execution of this Agreement and the dismissal of the Lawsuit with prejudice, Medegen will post in its Colorado facilities where notices to employees and applicants for employment are customarily kept or posted, the Notice attached as Attachment B to this Agreement. The Notice will be posted in both English and Spanish, and will remain posted for a period of one (1) year. If this Notice becomes defaced or illegible, Medegen will replace it with a clean copy. Medegen will certify to EEOC in writing that this Notice has been and remained properly posted in both English and Spanish within ten (10) business days of the date it is first posted and the date it is removed. 16. Within one hundred twenty (120) days of the execution of this Agreement and the dismissal of the Lawsuit with prejudice, Medegen will obtain Spanish-language translations for its employee handbook and all other presently existing personnel policies that are provided to employees or posted for employees to see. All documents published to employees by way of posting will be posted in both English and Spanish. 17. During the term of this Agreement, Medegen will notify EEOC if it receives any internal complaint of age discrimination within sixty (60) days of its receipt of such complaint.
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This notification will include the name, address, and telephone number of the person making the internal complaint, together with a brief summary of the substance of the complaint (including the date, name(s) of the individual(s) who allegedly engaged in any alleged discriminatory conduct, Medegen’s response to the complaint, name(s) of the person(s) who investigated or responded to the complaint, and what resolution was reached), together with copies of all nonprivileged documents memorializing or referring to the complaint, investigation, and/or resolution thereof. To the extent that any privileged documents are withheld, Medegen will provide a privilege log of documents withheld. The term “complaint of age discrimination” refers to any written or verbal complaint made pursuant to Medegen’s EEO Policy to a Medegen official or manager that alleges discrimination based on age, or that alleges conduct that Medegen reasonably recognizes as presenting an allegation of age discrimination.
18. The Court shall retain jurisdiction of the Lawsuit for the sole purpose of compliance with this Agreement. The parties stipulate that the Court retains all of its inherent powers to enforce this agreement and to issue an appropriate order if the Court determines that there has been non-compliance with this Agreement.
19. There is no private right of action for any non-party to enforce any of Medegen’s or EEOC’s obligations under this Agreement, but only EEOC or Medegen may enforce compliance with the terms of this Agreement. Either party may enforce the terms of this Agreement by petitioning the Court for enforcement. In any such enforcement proceeding, the parties shall be entitled to procedural due process rights to conduct discovery, present witness testimony, documents, and other evidence at an evidentiary hearing, confront and cross-examine any witnesses, documents, or other evidence presented by the opposing party, submit written briefs, and appeal any adverse decisions.
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20. With respect to matters or charges outside the scope of this Agreement, this Agreement shall in no way limit the powers of EEOC to seek to eliminate employment practices or acts made unlawful by any of the statutes over which EEOC has enforcement authority, and are unrelated to the claims asserted in this lawsuit.
21. The parties understand, acknowledge, and agree that they are each solely responsible for all expenses incurred by them or on their behalf in connection with the Charges of Discrimination and/or the Lawsuit, including, but not limited to, their respective attorneys' fees and costs in prosecuting and/or defending the Charges of Discrimination and/or the Lawsuit.
22. The terms and conditions of this Agreement are in compromise settlement of disputed claims, the validity, existence, or occurrence of which are expressly denied by Medegen. It is understood and agreed by the parties that this Agreement does not constitute, and shall not in any way be construed as, an admission by Medegen of any violation of the Age Discrimination in Employment Act, any other federal, state, or local constitution, statute, law, ordinance, or regulation, or any common law duty, or an admission that Medegen has acted wrongfully in any way with respect to Robert Marshall, Robert Esselborn, Cathy Schnabel, Irene Price, Sherrie Neil, Ronald Bracey, Donald Gibson, or Gregory Woznicki, and Medegen specifically disclaims any such liability.
23. This Agreement contains all of the terms, promises, representations, and understandings between EEOC and Medegen, and as such, fully supercedes any and all prior communications, drafts, discussions, or agreements (written or verbal) pertaining to the subject matters addressed. This Agreement shall bind and inure to the benefit of EEOC and Medegen and their respective successors, assigns, heirs, and legal representatives. This Agreement may
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not be amended, modified, or changed orally, but only by agreement in writing and signed by

both parties.

24. Should any section or portion of this Agreement be held unreasonable or

unenforceable by any court of competent and final jurisdiction, such decision of the court shall

apply only to the specific section or portion involved and shall not invalidate the remaining

sections or portions of this Agreement. This Agreement shall not be subject to attack on the

ground that any or all of the legal theories or factual assumptions used for negotiating purposes

are for any reason inaccurate or inappropriate.

25. Any notice, report, or communication required under the provisions of this

Agreement shall be sent by certified mail, postage prepaid, to the appropriate parties as follows:

Regional Attorney Denver Field Office Equal Employment Opportunity
Commission 303 East 17th Avenue, Suite 510 Denver, CO 80203

Michael E. Stanley Medegen Medical Products, LLC 10617 N. Hayden Road, Suite B100 Scottsdale, AZ 85260

In witness whereof, the undersigned have hereunto set their hands and seals on the dates

indicated:

Equal Employment Opportunity Commission

Medegen Medical Products, LLC

By: Date:

s/ Mary Jo O’Neill Mary Jo O’Neill Regional Attorney October 10, 2006

By: s/ William M. Dorris____ William M. Dorris, President
Date: October 10, 2006

By: Date:

s/ Nancy A. Weeks Nancy A. Weeks Supervisory Trial Attorney EEOC Denver Field Office (303) 866-1947 October 11, 2006

By: Date:

s/ Jonathan E. Kaplan Jonathan E. Kaplan Kiesewetter Wise Kaplan Prather
PLC 3725 Champion Hills Dr., Suite 3000 Memphis, Tennessee, 28125 (901) 795-6695 October 10, 2006

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By: Date:

s/ Paula Greisen Paula Greisen King & Greisen, LLC (303) 298-9878 Attorney for Charging Parties October 10, 2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 1:06-cv-1913-MSK-MEH
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, v.
MEDEGEN MEDICAL PRODUCTS, LLC,
Defendant. ______________________________________________________________________________
STIPULATION FOR DISMISSAL WITH PREJUDICE ______________________________________________________________________________
Pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), it is hereby stipulated by the parties that all of Plaintiff’s claims in the above-captioned action against Defendant shall be dismissed with prejudice, each party to bear their own costs, attorneys’ fees, and expenses, provided that the parties further stipulate that the Court shall retain jurisdiction over this matter solely to enforce the terms of the attached Settlement Agreement, should such be necessary.
SO ORDERED this ______ day of __________________, 2006.

_________________________________________ United States District Judge

STIPULATED AND APPROVED:
s/ Nancy A. Weeks Nancy A. Weeks Supervisory Trial Attorney EEOC Denver Field Office 303 East 17th Avenue, Suite 510 Denver, CO 80203 (303) 866-1947 nancy.weeks@eeoc.gov Attorney for Plaintiff EEOC

s/ Jonathan E. Kaplan Jonathan E. Kaplan Kiesewetter Wise Kaplan Prather PLC 3725 Champion Hills Drive, Suite 3000 Memphis, Tennessee, 28125 (901) 795-6695
Attorneys for Defendant

Attachment C
NOTICE
Management of Medegen Medical Products, LLC wishes to emphasize the Company’s fundamental policy of providing equal employment opportunity in all of its operations and all its employment practices, and to ensure that there is no discrimination against any employee or applicant for employment on the basis of race, color, religion, sex, pregnancy, national origin, age, or disability. This policy includes insurance benefits and all other terms, conditions, and privileges of employment.
The Age Discrimination in Employment Act (ADEA), as amended, makes it unlawful for an employer to discriminate against an employee or job applicant because they are age 40 or over. It also is unlawful for any employer to retaliate against an employee because he or she has opposed discriminatory employment practices, including age discrimination, or because he or she has filed a charge of discrimination with any municipal, state, or federal equal employment opportunity agency, or because he or she has participated in an investigation of a charge of discrimination.
Medegen respects the right of its employees and applicants for employment to work in an environment free from discrimination. Medegen reaffirms its commitment to comply with the ADEA, and our long-standing EEO Policy prohibits any discrimination in hiring, promotion, compensation, benefits, discipline, or discharge because of being age 40 or over.
Any employee who believes he or she has suffered discrimination on the basis of age, race, color, religion, sex, pregnancy, national origin, or disability, has the right to contact the Equal Employment Opportunity Commission (EEOC) directly. In compliance with federal law, no Medegen official will retaliate against an employee who makes an internal complaint of discrimination or who contacts the EEOC or its state counterpart.
Medegen Medical Products, LLC

By: ________________________________

_____________________________

 
 CM/ECF - U.S. District Court:cod - Docket Report

Page 1 of 2

NDISPO, TERMED
U.S. District Court District of Colorado (Denver) CIVIL DOCKET FOR CASE #: 1:06-cv-01913-MSK-MEH

Equal Employment Opportunity Commission v. Medegen Medical Products, LLC Assigned to: Judge Marcia S. Krieger Referred to: Magistrate Judge Michael E. Hegarty Cause: 29:626 Job Discrimination (Age)

Date Filed: 09/26/2006 Date Terminated: 10/11/2006 Jury Demand: Plaintiff Nature of Suit: 710 Labor: Fair Standards Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Anjuli Kelotra Equal Employment Opportunity Commission-Colorado 303 East 17th Avenue #510 Denver, CO 80203 303-866-1378 Fax: 303-866-1375 Email: anjuli.kelotra@qwest.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nancy A. Weeks Equal Employment Opportunity Commission-Colorado 303 East 17th Avenue #510 Denver, CO 80203 303-866-1947 Fax: 303-866-1375 Email: nancy.weeks@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant
Medegen Medical Products, LLC a Delaware Limited Liability Company operating in Colorado

Date Filed

#

Docket Text

https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?458614492052301-L_353_0-1

4/18/2007

CM/ECF - U.S. District Court:cod - Docket Report

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09/26/2006 10/02/2006
10/02/2006 10/04/2006 10/11/2006
10/11/2006

1 COMPLAINT and Jury Trial Demand against Medegen Medical Products, LLC Summons Issued, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(pap, ) (Entered: 09/27/2006)
2 ORDER REGARDING CUSTODY OF EXHIBITS AND DEPOSITIONS IT IS ORDERED that, within 30 days after judgment is entered, counsel for the parties shall obtain from the Court any exhibits and depositions used during this case. Counsel shallretain same for 60 days beyond the later of the time to appeal or conclusion of all appellate proceedings. Failure to retrieve the exhibits and depositions in this matter in conformance with this Order may result in their destruction. Signed by Judge Marcia S. Krieger on 10/2/06. (erv, ) (Entered: 10/02/2006)
3 ORDER REFERRING CASE to Magistrate Judge Michael E. Hegarty by Judge Krieger. (erv, ) (Entered: 10/02/2006)
4 MINUTE ORDER Scheduling Conference set for 1/10/2007 09:15 AM in Courtroom A 601 before Magistrate Judge Michael E. Hegarty. (mehcd) (Entered: 10/04/2006)
5 Stipulated MOTION to Dismiss Pursuant to Settlement Agreement by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Document Joint Stip for Dismissal with Prejudice# 2 Attachment A Settlement Agreement# 3 Attachment B Stip Form# 4 Attachment C Posting to Employees)(Weeks, Nancy) (Entered: 10/11/2006)
6 Docket Annotation : Civil Case Terminated pursuan to the filing of 5 Stipulated MOTION to Dismiss Pursuant to Settlement Agreement by Plaintiff. [This document is being treated as a Dismissal under Rule 41 (a)]. Text only entry - no document attached. (dln, ) (Entered: 10/11/2006)

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04/18/2007 14:31:25

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hs0328

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Docket Report

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1:06-cv-01913-MSKMEH

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0.16

https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?458614492052301-L_353_0-1

4/18/2007