U.S. DISTRICT COURT NORTHERN DISTRICfOF TEXAS
FILED

IN THE UNITED STATES DISTRICT COU T FOR THE NORTHERN DISTRICT OF TE S
DALLAS DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

Plaintiff,

)

v.

)

)

24 HOUR FITNESS U.S.A., INC.,

)

Defendant.

)

Civil Action No. 3:04-CV-2096-BF

ORDER

The Court granted Plaintiffs motion for expedited review and took under advisement

Plaintiffs Motion to Quash and for Protective Order. Defendant served subpoenas duces tecum on

two ofPlaintiffs subsequent employers seeking her employment, payroll, and health records. The

Court reviewed the responsive records in camera. The Court has determined that none ofthe records

that were submitted are discoverable pursuant to Fed. R. Civ. P. 26(b)(1) or any other federal rule.

Plaintiffs Motion to Quash and for Protective Order, filed April 22,-WOS,ls /' IT IS SO ORDERED June 2 (2005.

PAUL D. STICKNEY UNITED STATES MAGISTRATE JUDGE

 
 u.s. DIS"CRICT COVR

NOR'llIERNmSTRIcr T

FI

OF'IEXAs

IN THE UNITED STATES DISTRICT COUR -

LED

FOR THE NORTHERN DISTRICT 0 TEXA ~ AUG I 8

J

DALLAS DIVISION

ani

EQUAL EMPLOYMENT

§

OPPORTUNITY COMMISSION,

§

§

Plaintiff

§

§

vs.

§

§

24 HOUR FITNESS U.S.A., INC.,

§

Defendant.

§ §

~ By

DIS'llUcrcOV, RT

Deputy

"-

NO. 304-CV-2096-~F"'

AGREED PROTECTIVE ORDER Subject to the approval of this Court, Defendant, 24 Hour Fitness U.S.A., Inc. (referred to herein as "Defendant" or "24 Hour Fitness"), through its counsel of record, and Plaintiff, Equal Employment Opportunity Commission, ("Plaintiff' or "EEOC"), through its counsel of record, hereby stipulate and agree to the following protective order (the "Order"): 1. Plaintiff and Defendant (the "Parties") have agreed that there are certain categories of documents that deserve protection from disclosure to the general public. Therefore, the Parties agree only to disclose Confidential Materials, which shall be those documents designated as "Confidential," in accordance with the terms of this Order. The Parties agree to designate as "Confidential" only the information or documents which the designating party, in good faith, believes contains confidential financial matters, employee information, or proprietary information. The Confidential Materials shall be confidential and maintained as confidential in accordance with the terms of this Order. The aforementioned Confidential Materials include any portion of documents, discovery responses, testimony, or other discovery materials containing confidential information. If the Parties cannot agree whether particular materials should be

AGREED PROTECTIVE ORDER - Page 1 of 9
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treated as confidential hereunder, the party seeking to declassify the materials may apply to the
Court to have the confidential designation removed. If a party objects to classification of
information as confidential and moves to have that information declassified, the burden of
establishing that the materials are entitled to a confidential classification shall fall on the party
seeking to use the designation.
2. The Confidential Materials described in paragraph one above may be used only
for purposes of this litigation and all appeals and may be disclosed only to the following persons
in connection with this litigation:
(a) The Parties, including the individual on whose behalf this litigation is brought, Janet Juelfs, as well as all employees and officers of Defendant;
(b) The Court and court personnel involved in this case (including court reporters and persons operating video recording equipment at depositions);
(c) The Parties' outside counsel in this action, including their partners, associates, secretaries, legal assistants, clerical staff, and employees working with or under the supervision ofthe parties' counsel to the extent reasonably necessary to render professional services in this action;
(d) Contract or temporary personnel engaged by and working under the supervision of the parties' counsel to the extent reasonably necessary to render professional services in this action;
(e) Consultants or experts for each party, retained for the purpose of testifying, consulting, or assisting in the preparation of this case for trial;
(t) Personnel of graphics or litigation support firms engaged by the parties or their attorneys;
(g) Witnesses expected to testify at any deposition, hearing, or trial, including use during the preparation of witnesses and potential witnesses; and
(h) Such, additional persons as agreed to by the parties in writing.
3. A designation of materials as Confidential shall be made by affixing or placing
the notice "Confidential" on all such materials. The designation shall be affixed in a manner
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that does not interfere with the legibility or use of the materials. There shall be no such designation with respect to any materials except where the designating party or parties and their counsel of record have a reasonable, good faith belief that the materials in fact contain information subject to protection pursuant to the standards set forth in this Order.
4. Information designated as Confidential Materials pursuant to this Order shall be treated as so by all persons to whom such information may be disclosed. In addition, except for counsel representing the Parties (including counsels' partners, associates, and employees), and Court personnel (as defined in , 2(b», each person who is authorized by this Order to inspect or to have access to materials designated as Confidential and who in fact inspects any such materials shall, before conducting such inspection or having such access, be provided with a copy of this Order, execute an undertaking in the form annexed to this Order as Exhibit 1, and shall therefore be bound by this Order. These executed undertakings shall be maintained by counsel of record responsible for the disclosure and shall be available for inspection by all other counsel of record until the case has been concluded and all appeals exhausted.
5. At any time after the production of any materials designated as Confidential by one party, any other party may serve a notice of objection to such designation stating the reasons for such objection. The Parties shall make a good faith effort to confer verbally and to resolve any disagreement over any objection to a "Confidential" designation of documents or information. Should the Parties be unable to resolve the issue raised by the objection, the objecting party may thereupon seek a ruling from this Court with respect to the merits of the designation. The burden of proving the appropriateness of the designation shall be upon the party designating the materials as confidential.
6. At times, witnesses at depositions may testify about documents or other
AGREED PROTECTIVE ORDER - Page 3 of 9
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infonnation that is designated as confidential in accordance with paragraph 2, above. In that case, at the time of the deposition any party may designate all or portions of deposition testimony by witnesses as confidential under this Order by advising the court reporter and the videographer, as applicable, and all counsel at the deposition or proceeding of such fact. The court reporter shall transcribe those portions of the testimony so designated and mark the face of each relevant page of the transcript of the testimony with the word "Confidential." Any portion of a deposition transcript not so designated at the time the testimony is given shall nevertheless be treated as confidential for a period of fourteen (14) days after the party receives the witness's transcript of the testimony so as to permit the party or witness time to designate some or all of his or her testimony as confidential. Thereafter, only such portions of the transcript as are affinnatively designated in writing by a party to be confidential shall be treated as such under this Order. Such designation may be made by marking the transcript as "Confidential" by listing the page and inclusive line numbers of the materials designated as confidential and providing such designation to the other parties, their counsel, and the court reporter. The court reporter shall thereafter mark the face of each relevant page as "Confidential" and transcribe those portions of the testimony so designated. The Parties agree that if they show any individual identified in , 2(a)-(i) a deposition transcript that contains confidential testimony, they will instruct the individual that the tenns of this Order applies to that testimony.
Whenever any confidential document is identified or marked as an exhibit in connection with deposition testimony given in these proceedings, it shall be kept separate from the other exhibits in an envelope marked "Confidential- Subject to Agreed Protective Order." Once the written transcript is marked and prepared in the foregoing manner, the videographer shall label
AGREED PROTECTIVE ORDER - Page 4 of 9
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any tape which includes confidential information as "Confidential - Subject to Agreed Protective Order." If a party shows an individual listed in' 2(a)-(i) the video of a deposition containing confidential information, the party will communicate to the individual the portions of the tape which contain confidential information and instruct the individual that the terms of this Order apply to the testimony.
If a party, in good faith, believes that it is necessary to attach deposition testimony to a pleading to be filed with the Court prior to the expiration of fourteen (14) days from receipt of the deposition transcript, the party will give five (5) days' notice to the other parties of its intent to do so by identifying the portion of the deposition transcript it intends to file with the Court. If any portion of the identified deposition transcript is designated as confidential within the five (5) days, it shall be treated as confidential under this Agreement. If any party fails to designate the identified deposition transcript as confidential, then the party wishing to attach the deposition transcript to a pleading may do so. A party may still designate any of the remaining portions of the deposition transcript as confidential within the fourteen (14) day period established above.
7. The execution of this Order by the parties' counsel shall constitute a representation that all persons employed by the parties and the parties' counsel shall observe this Order and that all persons to whom Confidential Materials are disclosed as set forth in paragraph 2 shall be made aware of this Order.
8. Subject to the Federal Rules of Civil Procedure and the Federal Rules of Evidence, the Confidential Materials may be offered in evidence at trial, deposition, court hearing, or in connection with any motion, response or other pleading filed with the Court, but only under the terms ofthis Order.
AGREED PROTECTIVE ORDER - Page 5 of 9
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9. The filing or production of Confidential Materials under the terms of this Order shall not alter the confidentiality of the Confidential Materials or alter any existing obligation of any party.
10. If filed with the Court, the Confidential Materials, whether it be deposition testimony or confidential documents, shall be filed under seal to be reviewed by Court personnel only and not to be released to the public. The Parties will agree to confer, prior to filing a pleading or other document with the Court, as to whether any documents marked as "Confidential" can be filed without the protections of this paragraph.
11. If the case is appealed, the party designating the Confidential Materials shall agree to such orders as necessary to allow the Confidential Materials to be included in the record of appeal.
12. If another court or an administrative agency subpoenas or orders the production of Confidential Materials from any party, the party from whom the information is sought shall notify the other Parties of such subpoena or order within five (5) days of its receipt of the subpoena or order. The party from whom information is sought shall wait a minimum often (10) days to tender the documents to the requesting entity, unless the requesting entity asks the documents be produced in less than ten (10) days, in order to give the other parties an opportunity to review the order or subpoena and seek appropriate relief from the Court. In the event that the information ordered by the requesting entity is to be produced within ten (10) days, the party from whom the information is sought shall notify the other parties within one (1) day of its receipt of the subpoena or order and will not produce the documents until so ordered.
13. This Order is intended to facilitate efficient litigation between the Parties and is not intended to alter resolution of any substantive issues or to affect the Parties' substantive
AGREED PROTECTIVE ORDER - Page 6 of 9
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rights. 14. This Order may be amended by agreement of the Parties In the form of a
stipulation filed with and approved by the Court. 15. Willful violation of this Order may be punishable by the contempt power of the
Court. 16. The Order shall survive until the final destruction of the Confidential Materials
and those designated under ~ 10,I and the Court shall retain jurisdiction to resolve any dispute concerning the use or disclosure of Confidential Materials. The Parties agree that, even after the conclusion of this case, they will continue to treat and retain any and all Confidential Materials as confidential and further agree not disclose Confidential Materials or confidential information to third parties, unless required to do so by law.
This provision is not intended to impose upon either party the obligation to resist a court order, government order or subpoena mandating disclosure of Confidential Materials or confidential infonnation. However, if such confidential materials or information are intended to be offered for any purpose or pursuant to any compelled production, the party so compelled agrees to notify the other party in writing ten (10) business days in advance of the production of the materials or information so as to permit the other party to file protective motions, as necessary.
The Parties may not use Confidential Information for any reason other than for the purposes of this litigation and all appeals; provided, however, that nothing in this Order shall be read to preclude the EEOC from exercising its statutory enforcement responsibilities in the event that such information discloses violations of law not addressed by this litigation.
1 The Parties recognize that Plaintiff EEOC, as a federal administrative agency, has a specific directive regarding the process for the destruction of documents. The Parties acknowledge that Plaintiff EEOC will retain and destroy documents, including any Confidential Materials, pursuant to that directive. AGREED PROTECTIVE ORDER - Page 7 of 9
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SO ORDERED and SIGNED this &ay of......L...--=-...;-~:&4~_---.:~

AGREED:

Respectfully submitted,
~L~ Robert A. Canino Regional Attorney Oklahoma State Bar No. 011782 Suzanne M. Anderson Supervisory Trial Attorney Texas State Bar No. 14009470 Ronetta J. Francis Senior Trial Attorney Virginia State Bar No. 39886
EQUALE~LOYMENTOPPOR~Y
COMMISSION Dallas District Office 207 South Houston, 3rd Floor Dallas, Texas 75202 214.253.2743 214.253.2749 (Fax)
ATTORNEYS FORPLAINTWFEQUAL
E~LOYMENTOPPORTUNITY
COMMISSION

Stev Texas State Bar No. 16473990 Jacqueline C. Johnson Texas State Bar No. 00790974 Scott C. Sherman Texas State Bar No. 24041906
LITTLER MENDELSON A Professional Corporation 2001 Ross Avenue Suite 2600, LockBox 116 Dallas, TX 75201.2931 214.880.8100 214.880.0181 (Fax)
ATTORNEYS FOR DEFENDANT 24 HOUR FITNESS U.S.A., INC.

AGREED PROTECTIVE ORDER - Page 8 of 9
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EXHIBIT 1
CONFIDENTIALITY AGREEMENT
I have read and been provided with a copy of the Agreed Protective Order, dated _____, governing the production and disclosure of certain documents and information by the parties to the lawsuit entitled Equal Employment Opportunity Commission v. 24 Hour Fitness U.S.A., Inc., pending in the United States District Court for the Northern District of Texas, Dallas Division. I recognize that during my participation in this case I may have occasion to read and hear matters, which are designated "CONFIDENTIAL" under the Agreed Protective Order. I agree not to disclose any such confidential matter to any person other than the Qualified Persons identified in Paragraph 2 of the Agreed Protective Order. I agree to use any such confidential matter solely for the purposes appropriate to my participation in this case. I agree to abide by and be subject to said Agreed Protective Order in every respect. I understand I may be subject to contempt charges and civil liability if I violate the provisions of this Confidentiality Agreement. Signature: Date: Printed Full Name: Address:
Approved as to Form:
laintiff
AGREED PROTECTIVE ORDER - Page 9 of 9
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 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

EQUAL EMPLOYMENT OPPORTUNITY }

COMMISSION,

}

}

Plaintiff,

}

v.

}

}

}

24 HOUR FITNESS USA, INC. ,

}

}

}

}

Defendant.

}

CIVIL ACTION NO. 3:04-CV-2096-BF (L)

CONSENT DECREE THIS CONSENT DECREE is made and entered into by and between the Plaintiff, Equal Employment Opportunity Com mission (“EEOC”), and Defendant, 24 Hour Fitness USA, Inc. (hereinafter referred to as “Defendant” or “24 Hour Fitness”), in the United States District Court for the Northern District of Texas, Dallas Divi sion, with regard to the EEOC’s Com plaint, filed on September 28, 2004 (“the Com plaint”), in Civil Action No. 3-04-CV-2096-BF. This Complaint was based upon the Charge of Discrimination filed by the Charging Party Janet Juelfs (“the Charging Party”) against Defendant employer. The above-referenced Complaint alleges that Defendant 24 Hour Fitness violated Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991, by subj ecting the Charging Party to a sex-based discrim ination, retaliation and constructive discharge. 24 Hour Fitness denies that it violated Title VII or any ot her laws, and further denies that it subjected the Charging Party to sex-based discrimination, retaliation or constructive discharge.

CONSENT DECREE

1

The EEOC, and 24 Hour Fitness agree to

compromise and settle the dif ferences

embodied in the Com plaint, and intend that the term s and conditions of the com promise and

settlement be set forth in this Consent Decree (“Consent Decree”). It is understood and a greed

that this Consent Decree is in compromise of disputed claims, and that this Consent Decree shall

not in any way be construed as an adm ission by 24 Hour Fitness of a violation of any federal,

state, or local statute, law or regulation, or a vi olation of any right of the Charging Pa rty or any

other person.

NOW, THEREFORE, in consideration of the m utual promises and agreements set forth

herein, the sufficiency of whi ch is hereby acknowledged, the parties agree as follows, the Court

finds appropriate and therefore, it is ORDERED, ADJUDGED AND DECREED that:

1. This Consent Decree reso lves all issues raised in E EOC Charge No. 310-2003-

05318. This Decree further resolves all issues in the Complaint filed by the EEOC in this civil

action. The EEOC waives further claim s and/or litigation on all issues raised in the above-

referenced Charge of Discrim ination and the Com plaint. The EEOC does not waive processing

or litigating charges other than the above-referenced Charge of Discrimination.

2. 24 Hour Fitness agrees that it shall c onduct all employment practices in a manner

which does not subject any em ployee to sex-based discrimination and/or retaliation under Title

VII of the Civil Rights Act and Title I of the Civil Rights Act of 1991.

3. 24 Hour Fitness and its officers, agents, m anagement (including supe rvisory

employees), successors and assigns, agree not to discriminate against women on the basis of sex.

4. 24 Hour Fitne ss and its officers, agen ts, management (including supervisory

employees), successors and assigns agree not to im plement or perm it any action, policy, or

practice that has the purpose of retaliating against any current or form er employee because he or

CONSENT DECREE

2

she opposed any practice of sex discrim ination made unlawful under Title VII; filed a Charge of

Discrimination alleging any such practice; testified or participated in any m

anner in any

investigation (including, without lim itation, any internal investigation undertaken by 24 Hour

Fitness), proceeding, or hearing in connection with this case and/or relating to any cla im of sex

discrimination; was identified as a possible witne ss in this action; ass erted any rights under this

Consent Decree; or sought and/or received any monetary and/or non-m onetary relief in

accordance with this Consent Decree.

5. 24 Hour Fitness agrees to post the Notice appended hereto as “Attachm ent A” on

the employee bulletin board(s) in a pr ominent and conspicuous location in each of its fitness

facilities in the Dallas/Fort W orth region within th irty (30) days af ter entry of this Consent

Decree. The Notice shall rem ain posted for one ( 1) year from the date of this Consent Decree.

24 Hour Fitness will report to the EEOC that it ha s complied with this requirement within thirty

(30) days after posting the Notice.

6. The Notice shall also inform employees where to r eport violations of 24 Hour

Fitness’ sexual discrimination policy, the name of the designated company official to whom they

should report said violations, along with the address and telephone num ber of the Dallas District

Office of the EEOC. In the event that the pe rsons and/or departm ents to whom individuals

should make complaints alleging sex-based discrim ination and/or retaliation change dur ing the

term of the Consent Decree such that the inform ation contained in the notice is no longer

accurate, 24 Hour Fitness shall im mediately prepare and post a revised notice that contains the

correct information. 24 Hour Fitness shall prom ptly thereafter forward a copy of the revised

notice to the EEOC.

CONSENT DECREE

3

7. 24 Hour Fitness agrees to distr ibute the Notice attached as “Attachm ent A” to each current and future employee at each of its fitness facilities in the Dall as/Fort Worth region, stating the following: “This is a copy of 24 Hour Fitness’ policy against discrimination. 24 Hour Fitness reiterates i ts commitment to providing a workplace free of discrim ination of any kind. Please read the policy and keep a copy for your r ecords.” 24 Hour Fitness agrees to distribute this policy to each current em ployee within thirty (30) days after entry of this Consent Decree. New employees will be given a copy of the Notice upon hire. This proce dure it to rem ain in effect during the one-year pendency of this Consent Decree.
8. 24 Hour Fitness agrees to conduct trai ning once a year for all m anagers and supervisors of its f itness facilities in the D allas/Fort Worth region, including R egional and District-level managers and supervisors, advi sing them of the requirem ents and prohibitions of Title VII of the Civil Rights Act of 1964. The training will inform the managers and supervisors of the com plaint procedure for individuals who believe they have experienced discrim ination. The training will also advise the managers and supervisors of the consequences of violating Title VII. The training for managers and supervisors shall be at least two hours in duration. 24 Hour Fitness also agrees to provide training for its ne w employees, which shall be at least twenty (20) minutes in duration. 24 Hour Fitness agrees to give written notice to the EEOC at the end of each quarter, providing the following inform ation for the training sessions: (a) the dat e and location of the training; (b) the list of em ployees attending; (c) the name of the person providing the training; and (d) the substance of the training.
9. 24 Hour Fitness agrees that it sha ll impose discipline – up to and including suspension or term ination – upon any supervisor or m anager who engages in sex-based discrimination or permits any such conduct to occur in his or her work area or among employees

CONSENT DECREE

4

under his or her supervision, or who retaliates against any person who com plains or participates in any investigation or proceeding concerni ng any such conduct. 24 Hour Fi tness shall communicate this policy to all of its supervisors and managers.
10. 24 Hour Fitness agrees that it s hall continue to advise all m anagers and supervisors of their duty to actively m onitor their work areas to ensure em ployees’ compliance with the com pany’s policies prohibiting sex-based di scrimination, and to report any incidents and/or complaints of sex-based discrimination and/or retaliation of which they becom e aware to the persons charged with handling such complaints.
11. Within thirty (30) days after entry of this Consent Decree, 24 Hour Fitness agrees to remove from the Charging Party’s personnel file all documents, entries and references relating to the following: the facts and circum stances which led to the f iling of her charge of discrimination, including, but not limited to the February 2003 Perform ance Improvement Plan; the charge itself; and t he Complaint filed by the EEOC in federal court based upon her Charges of Discrimination. 24 Hour Fitness shall send a report to the EEOC within ten (10) days af ter expungement, describing the specific items expunged from the Charging Party’s personnel file.
12. 24 Hour Fi tness agrees to provide a neutral em ployment reference for the Charging Party, providing the dates of her em ployment, the last position held, and the last salary earned. The provision of this neutral em ployment reference is conditioned upon Charging Party directing potential em ployers to the third-part y service that 24 Hour Fitness utilizes f or employment reference requests, “The Work Number.” Charging Party can direct em ployers to contact this service at www.theworknumber.com or 1.800.367.2884. 24 Hour Fitness’ em ployer code for this service is: 11510.

CONSENT DECREE

5

13. 24 Hour Fitness agrees that there shall be no discrim ination or retaliation of any kind against any person involved in the r eferenced charge or litigation including the Charging Party because of opposition to any practice declared unlawful under Title VII, or because of the filing of a charge; giving testim ony or assist ance or participating in any m anner in any investigation, proceeding or hearing under Title VII.
14. Defendant 24 Hour Fitness agrees to pay the gross sum of thirty-two thousand five hundred dollars ($32,500) to resolve all c laims for all dam ages. W ithin twenty-one (21) days of the entry of this Consent Decree, 24 Ho ur Fitness will issue two checks in the following form: (1) a check m ade payable to the Chargi ng Party in the am ount of twenty-two thousand dollars ($22,000), and (2) a che ck made payable to Charging Party’s attorney, Kendra Karlock, for ten thousand five hundred dollars ($10,500).
15. The payment referenced in paragraph 14, above, shall be m ade by check and mailed, respectively, to the Charging Party at the following address: 6302 W indcrest Drive, Apt. #1114, Plano, Texas 75024, and to Charging Party’s attorney, Kendra Karlock at the following address: Glast, Phillips & Murray, 2200 One Galleria Tower, 13355 Noel Road, L.B. 48, Dallas, Texas 75240-1518. Copies of the checks shall be se nt to EEOC attorney Ronetta J. Franci s, 207 S. Houston Street, Third Floor, Dallas, Texas 75202.
16. Defendant 24 Hour Fitness a grees to report to the EEOC within thirty (30) days of entry of t his Consent Decree regarding its compliance with the agreem ents set f orth in paragraphs 5 through 15, above. 24 Hour Fitness shall report to the EEOC regarding training as specifically outlined in paragraph No. 8.
17. All reports to the EEOC required by this Decree shall be sent to Ronetta J. Francis, Senior Trial Attorney, EEOC, 207 S. Houston, Third Floor, Dallas, Texas 75202.

CONSENT DECREE

6

18. If Defendant 24 Hour Fitness fai ls to tender payment or otherwise fails to timely comply with the terms of paragraphs 14-15, above, Defendant 24 Hour Fitness shall:
a. Pay interest at the rate calculated pur suant to 26 U.S.C. Section 6621(b) on any untimely or unpaid amounts from date of non-compliance; and
b. Bear any additional costs incurred by the EEOC caused by the noncompliance or delay of the Defendant.
19. Neither the EEOC nor Defendant 24 Hour Fitness shall contest t he validity of this Consent Decree nor the jurisdiction of the federal district court to enfor ce this Consent Decree and its terms or the right of either party to the Consent Decree to bring an enforcem ent action upon breach of any term of this Consent Decree by either such party. Nothing in this Decree shall be construed to preclude the EEOC from enforcing this Decree in the event that Defendant 24 Hour Fitness fails to perform the promises and representations contained herein. The EEOC shall determine whether Defendant 24 Hour Fitness has complied with the terms of this Consent Decree and shall be author ized to seek compliance with the Consent Decree through civil action in the United States District Court. Prior to seeking judicial com pliance with the Consent Decree, the EEOC will first notif y 24 Hour Fitness of its non-com pliance, and will provide 24 Hour Fitness forty-five (45) days to cure the defect. If the EEOC does not bel ieve that the noncompliance has been cured after those forty-five (45) days, pr ior to seeking judicial com pliance with the Consent Decree, the EEOC will discuss its concerns with 24 Hour Fitness to attempt to reach a resolution.
20. The term of this Decree shall be for one (1) year. 21. The parties t o this Consent Decree agree to bear their own a ttorney’s fees associated with the above-referenced Complaint.

CONSENT DECREE

7

SO ORDERED, ADJUDGED AND DECREED this 22nd day of November, 2005.
___________________________________ PAUL D. STICKNEY UNITED STATES MAGISTRATE JUDGE

CONSENT DECREE

8

AGREED AS TO FORM AND SUBSTANCE:
Signed this 15th day of November, 2005.
FOR THE PLAINTIFF:
/s/ ______________________________ ROBERT A. CANINO Regional Attorney Oklahoma State Bar No. 011782
SUZANNE M. ANDERSON Supervisory Trial Attorney Texas Bar No. 14009470
/s/ _________________________________ RONETTA J. FRANCIS Senior Trial Attorney Virginia Bar No. 39886
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Dallas District Office 207 South Houston Street Third Floor Dallas, Texas 75202 Tel No. (214) 253-2746; Fax No. (214) 253-2749

CONSENT DECREE

9

FOR THE DEFENDANT:
/s/ __________________________________ Steven L. Rahhal Texas Bar No. 16473990
Scott C. Sherman Texas Bar No. 24041906
LITTLER MENDELSON, P.C. 2001 Ross Avenue, Suite 2600 Dallas, Texas 75201 Tel. No.: (214) 880-8100; Fax No.: (214) 880-0181

CONSENT DECREE

10

 
 ~JS 44 (Rev. 3/99)

CIVIL COVER SHEET

The JS-44 civil cove~eet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except[as p,,govided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Cler~ o/f’Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

1. (a) PLAINTIFFS EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

DEFENDANTS 24 HOUR FITNESS USA, INC.

(b) County of Resndence of First Listed Plaintiff (EXCEPT IN U,S. PLAINTIFF CASES)

(c) Attorney’s (Firm Name, Address, and Telephone Number)
KERI MALLON, Senior Trial Atomey
EEOC-Dallas District Office 207 South Houston, 3~d Floor
Dallas, Texas 75202 (214) 253-2743

II. BASIS OF JURISDICTION (Place an"x" in One Box Only)

~I U.S. Government Plaintiff

F-1 3 Federal Question (U.S. Government Not a Party)

304CV2096-L
County of Residence of First Listed Defendant
(IN U.S. PLAIN NOTE. IN LAND CONDEMNATIO
LAND INVOLVED.

Attorneys (If Known)

SEP 2 8

CLERK, U.S. DISTRICT"~OURT NORTHERN DISTRICT OF TEXAS

III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an"X" in One Box for PlainUf

(For Diversity Cases Only) PTF DEF

and One Box for Defendant) PTF DEF

Citizen of This State

[] 1 []1 Incorporated or Principal Place [] 4

[]4

of Business In This State

[] 2 U.S Government Defendant
IV. NATURE OF SUIT CONTRACT

[] 4 Diversity (Indicate Citizenship of Parties in Item III)
(Place an "X" in One Box Only) TORTS

Citnzen of Another State [] 2 [] 2 Incorporated and Principal Place [] 5 [] 5 of Business In Another State

Citizen or Subject of a [] 3 [] 3 Foreign Nation Forei n Count

[] 6 [] 6

FORFEITURE/PENALTY

BANKRUPTCY

OTHERSTATUTES

[] 110 Insurance

PERSONAL INJURY

[] 120 Marine

[] 310 Auplane

[] 130 MdlerAct

[] 315 Auplane Product

[] 140 Negotiable Instrument

Liabthty

[] 150 Recovery of Overpayment. [] 320 Assault, Libel &

& Enforcement of Judgment

Slander

[] 151 Medicare Act

[] 330 Federal Employers’

[] 152 RecoveryofDefaulted

Llabihty

Student Loans

[] 340 Manne

(Excl Veterans)

[] 345 Manne Product

[] 153 Recovery of Overpayment

L~ability

of Veteran’s Benefits [] 350 Motor Vehicle

[~ 160 Stockholders’ Stats

[] 355 Motor Vehicle

[] 190 Other Contract

Product Ltabihty

[] 195 Contract Product Liabihty [] 360 Other Personal Injury

REAL PROPERTY
[] 210 Land Condenmatlon [] 220 Foreclosure

CIVIL RIGHTS
~p 441 Voting 442 Employment

PERSONAL INJURY [] 610 Agriculture

[~122 Appeal 28 USC 158

[] 362 Personal Injury--

[] 620 Other Food & Drug

Med. Malpractice [] 365 Personal Injury --

[] 625 Drag Related Seizure []123 Withdrawal

of Property 21 USC

28 USC 157

Product Liabdlty [] 368 Asbestos Personal

[] 630 L~quor Laws [] 640 RR. &Truck

PROPERTY RIGHTS

Injury Product Liability PERSONAL PROPERTY [] 370 Other Fraud

[] 650 Atrline Regs. [] 660 Occupational
Safety/Health [] 690 Other

Ug20 Copyrights ~30 Patent I-R40 Trademark

[] 371 Truth m Lending [] 380 Other Personal

LABOR

SOCIAL SECURITY

Property Damage [] 385 Property Damage
Product Liability

[] 710 Fair Labor Standards 1~861 HIA (1395f0

Act

1~62 Black Lung (923)

[] 720 Labor/Mgmt. Relations F-R63 DIWC/DIWW (405(g))

PRISONER PETITIONS

1~]]64 SSID Title XVI

[] 730 Labor/Mgmt.Reportmg I-R65 RS[ (405(g))

[] 510 Motions to Vacate

& Disclosure Act

[] 740 Railway Labor Act

FEDERAL TAX SUITS

[] 230 Rent Lease & E.lectment [] 443 Housing/

[] 240 Torts to Land

Accommodations

245 Tort Product Liabd~ty

[] 444 Welfare

[] 290 All Other Real Property [] 440 Other Ovi! Rights

[] Habeas Corpus 530 General
IZI 535 Death Penalty

[] 790 Other Labor Liagat~on []70 Taxes (U.S. Plaintiff or Defendant)

[] 540 Mandamus & Other [] 791 Empl Ret. Inc.

[] 550 Civil Rights

Security Act

[] 555 Prison Condition

1~71 lRS--Third Party 26 USC 7609

[] 400 State Reapporbonment [] 410 Antntrust [] 430 Banks and Banking [] 450 Commerce/ICC Rates/etc [] 460 Deportation [] 470 Racketeer Influenced and
Corrupt Organizations [] 810 Selective Servace [] 850 Securitles/Cotnmod~tles/
Exchange [] 875 Customer Challenge
12 USC 3410 [] 891 Agricultural Acts [] 892 Economte Stabilizatmn Act [] 893 Environmental Matters [] 894 Energy Allocation Act [] 895 Freedom of
Information Act
[] 900 Appeal of Fee
Determination Under Equal
Access to Justice [] 950 Consatutionality of
State Statutes [] 890 Other Statutory Actions

V. ORIGIN
X1 Original Proceeding

(PLACE AN "X" IN ONE BOX ONLY)

[] 2 Removed from []3 Remanded from

State Court

Appellate Court

Transferred from

another district

[] 4 Reinstated or [] 5 (specie’)

[]6 Multidistrict

Reopened

Litigation

Appeal to District Judge from [] 7 Magistrate Judgment

VI. CAUSE OF ACTION (Ctte the U.S. CNal Statute under which you are filing and write brief statement of cause
Do not cite jurisdictional statutes unless thversity ) This cause of action ~s brought pursuant to Title VII of C~vfl Rights Act of 1964, amended, & Title I of Ciwl Rights Act of 1991 to correct unlawful employment practices on basis of sex and to provide rehef to Janet C Juelfs, who was sub,lected to sex based discrimmation, retaliation and constructive d~seharge.

VII. REQUESTED IN COMPLAINT:
VIII. RELATED CASE(S) IF ANY
DATE

[] CHECK IF THIS IS A CLASS ACTION
UNDER F.R C.P. 23

(See instructions):

JUDGE

SIGNATURE~ ~RD,

DEMAND $

CHECK YES only if demanded in complaint:

JURY DEMAND:

~Yes

[] No

DOCKET NUMBER

FOR OFFICE USE ONLY RECEIPT #

AMOUN

APPLYING IFP

JUDGE

MAG. JUDGE

IN THE UNITED STATES DISTRICT FOR THE NORTHERN DISTRICT OF
DALLAS DIVISION

EQUAL EMPLOYMENT OPPORTUNITY }

COMMISSION,

}

}

Plaintiff,

}

}

}

}

}

24 HOUR FITNESS USA, INC. ,

}

}

}

}

Defendant.

}

}

COMPLAINT JURY TRIAL DEMANDED

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964, as amended, and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of sex and to provide appropriate relief to Janet C. Juelfs, who was subjected to sex-based discrimination, retaliation, and constructive discharge.
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(0(1) and (3) of the Civil Rights Act of 1964, as amended, ("Title VII"), 42 U.S.C § 2000e-5(f)(1) and (3), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. Sec. 1981a. 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 Northem District of Texas, Dallas Division.

PARTIES 3. Plaintiff, Equal Employment Opportunity Commission (the "Commission"), is an agency of the United States of America charged with the administration, interpretation and enforcement of Title VII of the Civil Rights Act of 1964, as amended and is expressly authorized to bring this action by Section 706(a) of Title VII, 42 U.S.C. § 2000e-5(a). 4. At all relevant times, Defendant, 24 Hour Fitness USA, Inc. has continuously been and is now doing business in the State of Texas and has continuously had at least fifteen employees. 5. At all relevant times, Defendant 24 Hour Fitness USA, Inc. has continuously been an employer engaged in an industry affecting commerce under Section 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, Janet C. Juelfs filed a charge with the Commission alleging violations of Title VII of the Civil Rights Act of 1964, as amended, by the Defendant 24 Hour Fitness USA, Inc. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. During the employment of Janet Juelfs the Defendant engaged in unlawful employment practices in violation of Section 703(a)(1) of Title VII, 42 U.S.C. § 2000e-2(a)(1) and Section 704(a) of Title VII, 42 U.S.C. § 2000e-3(a) by discriminating against Janet C. Juelfs on account of her sex, retaliating against her, and constructively discharging her. Specifically, 24 Hour Fitness USA, Inc. failed to promote her to the position of General Manager. When Ms. Juelfs was promoted to General Manager, she was subjected to different terms and conditions of
Page -2-

employment. When Ms. Juelfs complained of the discriminatory treatment she was demoted. The EEOC further claims that Janet Juelfs was constructively discharged from her employment.
8. The result of the foregoing practices has been to deprive Janet Juelfs of equal employment opportunities because of their sex.
o The unlawful employment practices complained of in paragraph 7 above were intentional.
10. The unlawful employment practices complained of in paragraph 7 above were done with malice or with reckless indifference to the federally protected rights of Janet Juelfs.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining the Defendant 24 Hour Fitness USA, Inc., 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 sex. B. Order the Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for all employees and which eradicate the effects of its past and present unlawful employment practices. C. Order the Defendant to make whole Janet Juelfs by providing appropriate back pay with prejudgment interest in amounts to be determined at trial, front pay, pecuniary losses, compensatory damages including out-of-pocket expenses, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices. D. Order the Defendant to make Janet Juelfs whole by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in
Page -3-

paragraph 7 above.

E. Order the Defendant to make Janet Juelfs whole by providing compensation for

past and future nonpecuniary losses resulting from the unlawful employment practices described

in paragraph 7 above, including but not limited to, pain and suffering, humiliation,

embarrassment, emotional distress, anxiety, and loss of enjoyment of life, in amounts to be

determined at trial.

F. Order the Defendant to pay Janet Juelfs punitive damages for its intentional,

malicious conduct or reckless indifference described in paragraph 7. above, in an amount to be

determined at trial.

Go

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

interest.

H. Award the Commission its costs in this action.

JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its Complaint.

Respectfully submitted, ERIC S. DREIBAND General Counsel
JAMES L. LEE Deputy General Counsel

Page -4-

Regional Attorney Oklahoma Bar No. 011782 1
~. COSTAS Supervisory Trial Attorney Texas Bar No. 04855720
KERI L. MALLON Senior Trial Attomey Colorado Bar No. 27392 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Dallas District Office 207 South Houston, 3rd Floor Dallas, Texas 75202 (214) 253-2743 (214) 253-2740 (FAX)
Page -5-

 
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CLOSED, JURY, STICKNEY
U.S. District Court Northern District of Texas (Dallas) CIVIL DOCKET FOR CASE #: 3:04-cv-02096

Equal Employment Opportunity Commission v. 24 Hour Fitness USA Inc Assigned to: Magistrate Judge Paul D Stickney Cause: 42:1981 Civil Rights

Date Filed: 09/28/2004 Date Terminated: 11/22/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Keri L Mallon Equal Employment Opportunity Commission Dallas District Office 207 S Houston 3rd Floor Dallas, TX 75202 214/253-2743 Fax: 214/253-2749 FAX Email: Keri.Mallon@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ronetta J Francis Equal Employment Opportunity Commission Dallas District Office 207 S Houston 3rd Floor Dallas, TX 75202 214/253-2746 Fax: 214/253-2749 FAX Email: Ronetta.Francis@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert A Canino, Jr Equal Employment Opportunity Commission Dallas District Office 207 S Houston 3rd Floor Dallas, TX 75202 214/253-2750 Email: robert.canino@eeoc.gov

Toby W Costas

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V. Defendant 24 Hour Fitness USA Inc

Equal Employment Opportunity Commission Dallas District Office 207 S Houston 3rd Floor Dallas, TX 75202 214/253-2760 Fax: 214/253-2749 FAX Email: toby.costas@eeoc.gov ATTORNEY TO BE NOTICED
represented by Jacqueline C Johnson Littler Mendelson 2001 Ross Ave Suite 2600 LB 116 Dallas, TX 75201-2931 214/880-8100 Fax: 214/880-0181 FAX Email: jjohnson@littler.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Steven L Rahhal Littler Mendelson - Dallas 2001 Ross Ave Suite 1500 LB 116 Dallas, TX 75201-2931 214/880-8108 Fax: 214/880-0181 Email: srahhal@littler.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Scott C Sherman Littler Mendelson - Dallas 2001 Ross Ave Suite 1500 LB 116 Dallas, TX 75201-2931 214/880-8135 Email: ssherman@littler.com ATTORNEY TO BE NOTICED
Stacey S Calvert Littler Mendelson 2001 Ross Ave Suite 2600 LB 116 Dallas, TX 75201-2931 214/880-8100

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Mediator Courtenay Lee Bass

Fax: 214/880-0181 FAX Email: scalvert@littler.com TERMINATED: 01/20/2005

Date Filed 09/28/2004 09/28/2004 09/28/2004 09/28/2004 09/28/2004
11/09/2004
12/17/2004 12/17/2004 12/21/2004
01/19/2005
01/20/2005 01/20/2005 01/24/2005

#

Docket Text

1 COMPLAINT against 24 Hour Fitness USA Inc , filed by Equal Employment Opportunity Commission.(jrb, ) (Entered: 09/29/2004)

DEMAND for Trial by Jury by Equal Employment Opportunity Commission. (jrb, ) (Entered: 09/29/2004)

***Magistrate Judge Stickney chosen by random selection to handle matters that may be referred in this case. (jrb, ) (Entered: 09/29/2004)

2 Summons Issued as to 24 Hour Fitness USA Inc. (jrb, ) (Entered: 09/29/2004)

3 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Equal Employment Opportunity Commission. (jrb, ) (Entered: 09/29/2004)

4 WAIVER OF SERVICE Returned Executed as to 24 Hour Fitness USA Inc. Waiver sent on 10/19/2004, answer due 12/20/2004. (jrb, ) (Entered: 11/10/2004)

5 Original ANSWER to Complaint by 24 Hour Fitness USA Inc.(jrb, ) (Entered: 12/20/2004)

6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by 24 Hour Fitness USA Inc. (jrb, ) (Entered: 12/20/2004)

7 ORDER REQUIRING ATTORNEY CONFERENCE AND STATUS REPORT.....conference shall take place no later than 1/5/05. Status Report due by 1/20/2005. [see order for specifics] (Signed by Judge Sam A Lindsay on 12/21/04) (cxb, ) (Entered: 12/27/2004)

8 Unopposed MOTION to Withdraw and Substitute Counsel. Added attorney Jacqueline C Johnson for 24 Hour Fitness USA Inc. Motion Filed by 24 Hour Fitness USA Inc (jrb, ) (Entered: 01/24/2005)

9 Joint STATUS REPORT by Equal Employment Opportunity Commission, 24 Hour Fitness USA Inc. (jrb, ) (Entered: 01/24/2005)

10 ORDER granting 8 Motion to Substitute Attorney. (Signed by Judge Sam A Lindsay on 1/20/05) (jrb, ) (Entered: 01/25/2005)

11 ORDER. The parties are directed to sign a "Consent to Proceed Before a United States Magistrate Judge" form and submit it to the Court no later than 2/7/05. (Signed by Judge Sam A Lindsay on 1/24/05) (jrb, )

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01/28/2005 01/28/2005 01/31/2005 02/07/2005
04/11/2005 04/14/2005 04/14/2005 04/18/2005 04/18/2005 04/19/2005 04/22/2005 04/27/2005 06/10/2005

(Entered: 01/26/2005)
12 CONSENT to Magistrate Trial by Equal Employment Opportunity Commission, 24 Hour Fitness USA Inc. (svc, ) (Entered: 02/01/2005)
13 CONSENT to Magistrate Trial by Equal Employment Opportunity Commission, 24 Hour Fitness USA Inc. (jrb, ) (Entered: 02/01/2005)
ORDER REASSIGNING CASE. Case reassigned to Judge Paul D Stickney for all further proceedings. Judge Sam A Lindsay no longer assigned to case. (see #13 for image) (Signed by Judge Sam A Lindsay on 1/31/05) (jrb, ) (Entered: 02/01/2005)
14 SCHEDULING ORDER: Amended Pleadings due by 3/15/2005. Discovery due by 12/30/2005. Pretrial Conference set for 5/16/2006 09:00 AM before Magistrate Judge Paul D Stickney. Joinder of Parties due by 3/15/2005. Jury Trial set for 5/16/2006 09:00 AM before Magistrate Judge Paul D Stickney. Motions due by 1/20/2006. Proposed Pretrial Order due by 3/31/2006. Pretrial Materials due by 3/31/2006. See order for other specifics. (Signed by Judge Paul D Stickney on 2/7/05) (jrb, ) (Entered: 02/07/2005)
15 NOTICE of Attorney Appearance and Substitution of Counsel by Ronetta J Francis on behalf of Equal Employment Opportunity Commission (jrb, ) (Entered: 04/12/2005)
16 MOTION for Protective Order, MOTION to Quash and Request for Expedited Review by Equal Employment Opportunity Commission with Incorporated Brief. (jrb, ) (Entered: 04/15/2005)
18 Unopposed MOTION to Amend/Correct 5 Answer to Complaint by 24 Hour Fitness USA Inc (jrb, ) (Entered: 04/19/2005)
19 ORDER granting 18 Motion for Leave to File Amended Answer. (Signed by Judge Paul D Stickney on 4/18/05) (grj, ) (Entered: 04/19/2005)
20 FIRST AMENDED ANSWER to 1 Complaint by 24 Hour Fitness USA Inc. (grj, ) (Entered: 04/19/2005)
17 ORDER: Motion Hearing set for 4/27/2005 11:00 AM before Magistrate Judge Paul D Stickney on Plaintiff's Motion to Quash, for Protective Order, and for Expedited Review. (Signed by Judge Paul D Stickney on 4/18/05) (grj, ) (Entered: 04/19/2005)
21 RESPONSE and Brief in Opposition re 16 MOTION for Protective Order MOTION to Quash filed by 24 Hour Fitness USA Inc. (jrb, ) (Entered: 04/26/2005)
22 Minute Entry for proceedings held before Judge Paul D Stickney : Motion Hearing held on 4/27/05 re 16 Motion for Protective Order, Motion to Quash filed by Equal Employment Opportunity Commission,. (Court Reporter Electronic.) (grj, ) (Entered: 04/28/2005)
23 Supplemental Document by 24 Hour Fitness USA Inc as to 21 Response

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06/27/2005 08/17/2005 08/18/2005 09/20/2005 11/15/2005 11/22/2005
11/22/2005

in Opposition. (jrb, ) (Entered: 06/13/2005)
25 ORDER granting 16 Motion for Protective Order, granting 16 Motion to Quash (Signed by Judge Paul D Stickney on 6/27/05) (jrb, ) (Entered: 06/28/2005)
26 Joint MOTION for Protective Order by Equal Employment Opportunity Commission, 24 Hour Fitness USA Inc (jrb, ) (Entered: 08/18/2005)
27 Agreed ORDER granting 26 Motion for Protective Order. See order for specifics. (Signed by Judge Paul D Stickney on 8/18/05) (jrb, ) (Entered: 08/18/2005)
28 Alternative Dispute Resolution Summary filed by Courtenay Lee Bass. (Bass, Courtenay) (Entered: 09/20/2005)
29 Alternative Dispute Resolution Summary filed by Courtenay Lee Bass. Prv Fee: $2500.00. Disposition: Setled in part as a result of ADR.(Bass, Courtenay) (Entered: 11/15/2005)
30 CONSENT DECREE; The Consent Decree is made and entered into by and between the Plaintiff, EEOC and Defendant, 24 Hour Fitness, USA, Inc., in the USDC for the Northern District of Texas, Dallas Division, with regard to the EEOC's Complaint, filed on September 28, 2004 - (see order for specifics). (Signed by Judge Paul D Stickney on 11/22/2005) (kdc, ) (Entered: 11/23/2005)
***Civil Case Terminated. (jrb, ) (Entered: 11/29/2005)

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