Case 4:03-cv-00399-JMM Document 1 Filed 05/28/2003 Page 1 of 6

,
u.fo!1rn,FD IN THE UNITED STATES DISTRICT COURTEAsTERND'STR'C~~2W%SAS

FOR THE EASTERN DISTRICT OF ARKANSAS

WESTERN DIVISION

JA

MAY

28

2 003

MESW M By:_ . CCORMACK, CLERK

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
SALINE COUNTY MEDICAL CENTER d/b/a SALINE MEMORIAL HOSPITAL
Defendant.

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JIII.i- CIVIL ACTION NO 4 - 03- C V - 00399

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COMPLAINT

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This C.~.c.~ "''':"0c1 :~ -)io,triel JI.~~

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and tn !" "

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JURY TRIAL DEMAND

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NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964, as amended ("Title VII"), and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices and to provide appropriate relief to Denise Heard and a class of female employees who have been adversely affected by such practices. Denise Heard and other female employees were discriminated against by Defendant by being subjected to sexual discrimination and sexual harassment.
JURISDICTION AND VENUE
l. Jurisdiction of this Court is invoked pursuant to 28 U.s.c. §§451, 1331, 1337, 1343,
and 1345. This is an action authorized and instituted pursuant to §706(f)(l) and (3) and §706 and §707 of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e, et~. ("Title VII").
2. The employment practices alleged to be unlawful were and are now being committed within the jurisdiction of the United States District Court for the Eastern District of Arkansas,

Case 4:03-cv-00399-JMM Document 1 Filed 05/28/2003 Page 2 of 6

•
Western 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 and is expressly authorized to bring this action by §706(f)(l) and (3) and

§707 ofTitie VII, 42 U.S.c. §2000-5(f).

4. At all relevant times, Defendant, Saline County Medical Center d/b/a Saline

Memorial Hospital ("Defendant Employer"), was a corporation doing business in the State of

Arkansas and the City of Benton and has continuously had at least fifteen (15) employees.

5. At all relevant times, Defendant Employer has continuously been and is now an

employer engaged in an industry affecting commerce within the meaning of §701(b), (g), and (h) of

Title VII, 42 U.S.c. §2000e(b), (g), and (h).

STATEMENT OF CLAIMS

6. More than thirty (30) days prior to the institution of this lawsuit, Denise Heard filed

a charge of discrimination with the Commission alleging violations of Title VII by Defendant.

During the course of the investigation, allegations of sexual harassment directed towards other

female employees were discovered. All conditions precedent to the institution of this lawsuit have

been fulfilled.

7.

From on or around March 1,2001, and continuing, Defendant Employer has

engaged in unlawful employment practices at its facility in Little Rock, Arkansas, in violation of

§703(a) of Title VII, as amended, 42 U.S.C. §2000e-2(a). The unlawful practices include, but

are not limited to, discrimination against Denise Heard and other female employees on the basis

2

Case 4:03-cv-00399-JMM Document 1 Filed 05/28/2003 Page 3 of 6
,
of their sex in the form of subjecting Ms. Heard and other female employees to sexual harassment. Defendant failed to take prompt remedial action to protect Ms. Heard and other female employees from the sexual harassment in the workplace.
8. The sexual harassment in the workplace included, but was not limited to, graphic sexual comments, sexual overtures and physical touching of a sexual nature, and other sexual behavior directed towards Denise Heard and other female employees. The conduct was offensive, unwelcome, and pervasive in nature.
9. Ms. Heard and other female employees complained to supervisory employees about sexual harassment in the workplace. Defendant failed to take appropriate action in response to these complaints to protect its female employees from being subjected to a sexually hostile work environment.
10. The effect of the practices complained of above has been to deprive Denise Heard and other female employees of equal employment opportunities and otherwise adversely affect their status as employees.
11. The unlawful employment practices complained of above were and are intentional.
12. Defendant Employer at all relevant times acted with malice or reckless indifference to the federally protected rights of Denise Heard and other female employees.
PRA YER FOR RELIEF WHEREFORE, the Commission respectfully prays that this Court: A. Grant a permanent injunction enjoining the Defendant Employer, its officers, successors, assigns and all persons in active concert or participation with it, from engaging in any
3

Case 4:03-cv-00399-JMM Document 1 Filed 05/28/2003 Page 4 of 6
employment practice which discriminates on the basis of sex under Title VII of the Civil Rights Act of 1964, as amended.
B. Order Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities which eradicate the effects of its past and present unlawful employment patterns and practices.
C. Order Defendant Employer to make whole Denise Heard and other female employees who were subjected to Defendant's patterns and practices of sex discrimination and sexual harassment by providing appropriate back pay with prejudgment interest, in amounts to be detennined at trial, and other affinnative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to, reinstatement or placement in a position.
D. Order Defendant Employer to make whole Denise Heard and other female employees who were SUbjected to Defendant's patterns and practices of sex discrimination and sexual harassment by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described above, including relocation expenses, job search expenses, and medical expenses, in amounts to be determined at trial.
E. Order Defendant Employer to make whole Denise Heard and other female employees who were subjected to Defendant's patterns and practices of sex discrimination and sexual harassment by providing compensation for past and future non pecuniary losses resulting from the unlawful practices complained of above, including emotional pain, suffering, embarrassment, inconvenience, loss of enjoyment of life, and humiliation, in amounts to be detennined at trial.
F. Order Defendant Employer to pay Denise Heard and other female employees who
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Case 4:03-cv-00399-JMM Document 1 Filed 05/28/2003 Page 5 of 6 were subjected to Defendant's patterns and practices of sex discrimination and sexual harassment punitive damages for its malicious and/or reckless conduct, in an amount to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper. H. Award the Commission its costs in this action.
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Case 4:03-cv-00399-JMM Document 1 Filed 05/28/2003 Page 6 of 6
JURY TRIAL DEMAND The Commission requests a jury trial on all questions offact raised by its Complaint.
NICHOLAS INZEO Acting Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel
--r~/~~L-
TERRY BECK I
Acting
PAMELA B. DIXON Trial Attorney AR# 95085 EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION 425 W. Capitol, Suite 625 Little Rock, Arkansas 72201 Telephone: (501) 324-5539
(501) 324-5065
6

 
 EASTMRG'~15Q~ ~ICT ARKANSAs

IN THE UNITED STATES DISTRICT COURT APR 1 9 200+
EASTERN DISTRICT OF ARKANSA~A.MES W. Mcca

WESTERN DIVISION

y.

RMACI(, CLERI(

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

DEPClERI(
PLAINTIFF

DENISE HEARD

PLAINTIFF IN INTERVENTION

VS.

CASE NO.: 4:03-CV-00399 JMM

SALINE MEMORIAL HOSPITAL

DEFENDANT

MOTION TO INTERVENE AS PARTY PLAINTIFF Comes Plaintiff in Intervention, Denise Heard, by and through counsel, R. Margaret Dobson, P.A., and respectfully submits to the Court as follows: I. Denise Heard is a citizen and resident of Sheridan, Grant County, Arkansas, and a former employee of Saline Memorial Hospital. 2. Denise Heard has an interest in the subject matter of this action, and she is so situated that the disposition of this proceeding may, as a practical matter, impair or impede her ability to protect her interest. 3. Denise Heard should be permitted to intervene as party Plaintiff in this action on the following grounds: (a) she and other employees and applicants have been and will continue to be affected by the relief prayed for by the original Plaintiff herein; (b) she has a substantial interest in the subject matter of this action;

Page 1 of 3

(c) she may be bound by any judgment in this action relating to the elimination of the discriminatory employment practices by Defendant.
(d) her claims and those of the original Plaintiff herein present common questions of law and fact; and
(e) intervention will not delay or prejudice the adjudication of the rights ofthe original party.
WHEREFORE, Denise Heard respectfully prays that she be allowed to intervene as a party Plaintiff in this proceeding pursuant to Rule 24 of the Federal Rules of Civil Procedure in that § 706(t)(1) of the Civil Rights Act of 1964, as amended (42 U.S.C.A. § 2000e-5(t)(I)), confers an unconditional right to intervene as an "aggrieved party" within the meaning of that statute, and that the Court permit her to file her proposed Complaint in Intervention, a copy of which is attached hereto as Exhibit "A".
Respectfully Submitted, Denise Heard
::lL4'--'-~~~~"\ bson,99111 Dobson Law rrn, P.A. 204 N. Oak, Suite A P.O. Box 459 Sheridan, Arkansas 72150 (870) 942-0820
Page 2 of 3

CERTIFICATE OF SERVICE

/1~¥. This is to certifY that I have this

~ay of

-::-

, 2004, served a true and correct copy

of the above by U.S. Mail to:

Mr. Daniel Herrington Friday, Eldredge & Clark 2000 Regions Center 400 West Capitol Avenue Little Rock, AR 72201

Mr. William A. Cash, Jr. Equal Employment Opportunity Commission 820 Louisiana Street, Suite 200 Little Rock, AR 7220 I

Page 3 of 3

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

PLAINTIFF

DENISE HEARD

PLAINTIFF IN INTERVENTION

VS.

CASE NO.: 4:03-CV-00399 JMM

SALINE COUNTY MEDICAL CENTER d/b/a SALINE MEMORIAL HOSPITAL

DEFENDANT

COMPLAINT IN INTERVENTION COMES NOW the Plaintiff in Intervention, Denise Heard, by and through counsel, R. Margaret Dobson, Dobson Law Finn, P.A., and for her Complaint in Intervention, states:
PARTIES AND JURISDICTION 1. Plaintiff, Equal Employment Opportunity Commission (EEOC) is an Agency of the United States of America charged with the administration, interpretation, and enforcement of Title VII. 2. Plaintiff in Intervention, Denise Heard, at all times relevant hereto, was and is a citizen of the United States, a resident of Sheridan, Grant County, Arkansas, and an employee of Saline Memorial Hospital. 3. Defendant, Saline County Medical Center d/b/a Saline Memorial Hospital (Defendant Employer), at all times relevant hereto was and is an Arkansas corporation doing business in the State of Arkansas, City of Benton, Saline County, Arkansas, and has continuously had at least fifteen (15) employees.

Page 1 of 5

4. This is an action under Title VII of the Civil Rights Act of 1964, as amended, and by the Civil Rights Act of 1991; and to remedy violations of Arkansas State law under the pendent jurisdiction of this Court pursuant to United Mine Workers v. Gibb, 38 U.S. 715 (1966) and 28 U.S.c. § 1367, including but not limited to, violations of the Arkansas Civil Rights Act of 1993. Jurisdiction ofthis Court is invoked pursuant to 28 U.S.C. §§ 451,1331,1337,1343 and 1345.
COUNT I - TITLE VII 5. Defendant is an employer within the meaning of 42 U.S.C.A. § 2000e(b) and the Arkansas Civil Rights Act of 1993. 6. Plaintiff in Intervention ("Heard") was employed by Defendant as a Nurse. 7. From on or around March 1, 2001 and continuing, Defendant Employer has engaged in unlawful employment practices in violation of Title VII and the Arkansas Civil Rights Act of 1993. 8. The unlawful practices include, but are not limited to, discrimination against Plaintiff in Intervention Ms. Heard on the basis of her sex in the form of subjecting her to sexual harassment. Defendant Employer failed to take prompt remedial action to protect Ms. Heard from the sexual harassment in the workplace. 9. The sexual harassment in the workplace included, but was not limited to, graphic sexual comments, sexual overtures and physical touching of a sexual nature, and other sexual behavior directed toward Ms. Heard. The conduct was offensive, unwelcome, and pervasive in nature.
Page 2 of 5

10. Ms. Heard complained to supervisory employees about sexual harassment in the workplace. Defendant Employer failed to take appropriate action in response to these complaints to protect Ms. Heard from being subjected to a sexually hostile work environment.
II. The effect of these practices has been to deprive Ms. Heard of equal employment opportunities and otherwise adversely affect her status as an employee.
12. The unlawful employment practices complained of above were and are intentional.
13. Defendant Employer at all relevant times acted with malice or reckless indifference to the federally protected rights of Ms. Heard.
14. Ms. Heard filed a timely Charge of Discrimination with the Equal Employment Opportunity Commission (EEOC). The EEOC issued a determination and commenced this action. All conditions precedent to the institution of this lawsuit have been fulfilled.
15. As a direct and proximate result of the Defendant's unlawful employment practices and disregard for Plaintiff in Intervention's rights, Plaintiff in Intervention has suffered emotional pain and suffering, mental anguish, embarrassment, inconvenience, loss of enjoyment oflife, humiliation, and aggravation.
COUNT II - ARKANSAS CIVIL RIGHTS ACT 16. Plaintiff in Intervention repeats and realleges the above paragraphs as if fully set forth herein. 17. Plaintiff in Intervention was subjected to unwelcome and offensive behavior which was sufficient severe or pervasive that a reasonable person in her position would find her work environment to be hostile, and she in fact perceived her work environment to be hostile.
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18. The Defendant Employer knew of the events giving rise to Plaintiffs claim and failed to take prompt and appropriate corrective action to end the harassment.
19. Defendant Employer acted with malice or reckless indifference to the rights of Ms. Heard.
20. Defendant's actions constitute unlawful employment discrimination in violation of the Arkansas Civil Rights Act of 1993.
21. As a direct and proximate result of the Defendant's unlawful employment practices and disregard for Plaintiff in Intervention's rights, Plaintiff in Intervention has suffered emotional pain and snffering, mental anguish, embarrassment, inconvenience, loss of enjoyment of life, humiliation, and aggravation.
PRAYER FOR RELIEF WHEREFORE, Plaintiff in Intervention, Denise Heard, prays that this Court enter Judgment in her favor and against Defendant, as follows: (a) that a finding be entered that Defendant intentionally discriminated against Plaintiff in Intervention with malice or reckless indifference to her protected rights in violation of Title VII ofthe Civil Rights Act of 1964 and the Arkansas Civil Rights Act of 1993. (b) that Plaintiff in Intervention be awarded punitive damages and compensatory damages in an amount exceeding that required for federal diversity jurisdiction; (c) that Plaintiff in Intervention be awarded reasonable attorney's fees, prejudgment expenses, and costs as provided by law; and (d) that Plaintiff in Intervention be awarded such other relief as this Court may deem just and proper.
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JURY TRIAL DEMAND Plaintiff in Intervention requests a jury trial on all questions of fact raised by her Complaint.
Respectfully Submitted, Denise Heard
R. Margaret Dobson, 99111 Dobson Law Firm, P.A. 204 N. Oak, Suite A P.O. Box 459 Sheridan, Arkansas 72150 (870) 942-0820

CERTIFICATE OF SERVICE

This is to certity that I have this _ _ day of _ _ _ _-', 2004, served a true and correct copy of the above by U.S. Mail to:

Mr. Daniel Herrington Friday, Eldredge & Clark 2000 Regions Center 400 West Capitol Avenue Little Rock, AR 72201

Mr. William A. Cash, Jr. Equal Employment Opportunity Commission 820 Louisiana Street, Suite 200 Little Rock, AR 72201

R. MARGARET DOBSON

Page 5 of 5

 
 fASTM~~~~§e~~SAS

IN THE UNITED STATES DISTRICT COURT

JUN - 7 2004

FOR THE EASTERN DISTRICT OF ARKANSAS

WESTERN DIVISION

~~:MES W. MCC,3R~~

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff,

CIVIL ACTION NO. 4-03-CV-00399 JMM

v.

SALINE COUNTY MEDICAL CENTER d/b/a SALINE MEMORIAL HOSPITAL
Defendant,

DENISE HEARD

Intervenor.

CONSENT DECREE
The Equal Employment Opportunity Commission (hereinafter referred to as the ("EEOC") initiated the above-referenced Cause on May 28, 2003, against Saline County Medical Center d/b/a Saline Memorial Hospital (the "Defendant") to enforce the provisions of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. (Title VII), and the Civil Rights Act of 1991, 42 U.S.C. §198J.a. The EEOC alleged that the Defendant engaged in unlawful employment practices by subjecting Denise Heard and other female employees to sexual discrimination and sexual harassment.
In the event this proposed Consent Decree is not approved or does not become final, then it shall not be admissible in evidence
20

in any subsequent proceeding in this action. The Court has reviewed the terms of the proposed Consent
Decree in light of the applicable laws and regulations, the statements and representations of counsel for all parties, and hereby approves the Consent Decree.
NOW, THEREFORE, the Court being fully advised in the premises, it is hereby ORDERED, ADJUDGED AND DECREED:
I. JURISDICTION The United States District Court for the Eastern District of Arkansas, Western Division, has jurisdiction over the parties and subject matter of this litigation.
II. SCOPE AND DURATION OF DECREE A. This Consent Decree resolves all issues and claims arising out of Plaintiff's Complaint in this cause, alleging unlawful employment policies and practices maintained by the Defendant and arising out of Charge No. 251-2002-00686 and Charge No. 251-2004-02381 filed by Denise Heard with the EEOC. This consent decree resolves the claims of Denise Heard as alleged in Charge No. 251-2002-00686 and Charge No. 251-2004-02381. Notwithstanding any provisions contained in this Decree, this agreement shall not be considered in any manner to be dispositive of any charge now pending before any office of the EEOC other than

-------------------------------------------------------------------------
Charge No. 251-2002-00686 and Charge No. 251-2004-02381. B. The provisions of this Consent Decree shall continue to
be effective and binding upon the parties to this action for a period of three years from the date of the entry of this decree except for Section VI.C. (neutral reference) which will be in effect permanently.
III. NON-DISCRIMINATION PROVISIONS A. Defendant, its officers, agents, employees, and all persons acting in concert with the Defendant are hereby enj oined from engaging in any employment practice which has the purpose or effect of discriminating against any employee because of sex. Defendant is enjoined from permitting its employees to be subjected to a sexually hostile work environment. B. Defendant, its officers, agents, employees, and all persons acting in concert with the Defendant are hereby enjoined from retaliating against any employee for opposing discriminatory employment practices made unlawful under Title VII of the Civil Rights Act of 1964, as amended. C. Defendant agrees to provide ongoing training to its current and newly hired supervisors and managers in the requirements of Title VII of the Civil Rights Act of 1964, as amended, regarding the prevention of sexual harassment and retaliation. D. Defendant will provide a copy of its sexual harassment policy to all of its employees at Saline Memorial Hospital within

thirty (30) days of the entry of this decree. E. Defendant agrees to conduct a training session on the
prevention of sexual harassment for all supervisory and management employees at Saline Memorial Hospital Center within one hundred and twenty (120) days of the entry of this decree. A list of the employees that attend the training session, a copy of the syllabus, and a copy of the training materials will be provided to Plaintiff within thirty (30) days of the training session.
F. As part of this agreement with EEOC, Defendant will place a letter in the personnel file of Michael Dinger reflecting that Mr. Dinger is not eligible for rehire by Defendant.
IV. NON-RETALIATION PROVISION Defendant, its officers, agents, employees, and all persons acting in concert with Defendant shall not take any retaliatory measure, against any employee for opposing practices made unlawful under Title VII of the Civil Rights Act of 1964, as amended, or for making a charge or complaint to the EEOC, testifying, assisting or participating in any manner in any investigation, proceeding or hearing under Title VII of the Civil Rights Act of 1964, as amended.
V. NOTICE Defendant shall continue to conspicuously post at Saline Memorial Hospital in Benton, Arkansas, the notice (poster) required to be posted pursuant to Title VII of the Civil Rights Act of 1964, as amended. Furthermore, Defendant shall conspicuously post the

notice at Appendix A of this Decree at Saline Memorial Hospital in Benton, Arkansas for a one year period commencing within ten (10) days after entry of this Decree by the Court.
VI. INDIVIDUAL RELIEF A. Defendant shall not include any reference to the charge of discrimination filed by Denise Heard or this litigation in the personnel file of Denise Heard.
B. Defendant shall deliver to Denise Heard, a certified check made payable to "Denise Heard" in the amount of $43,500 at the following address within fourteen (14) days after entry of this Decree by the Court:
Denise Heard c/o R. Margaret Dobson Attorney at Law 204 N. Oak, Ste. A P.O. Box 459 Sheridan, AR 72150-0459
C. Defendant agrees to provide a neutral reference for Denise Heard to any potential employers who request a job reference. Any such neutral reference shall be identical to the form demonstrated in Appendix B. No mention of Denise Heard's charges of discrimination or this litigation will be made as part of the neutral reference.
VII. COSTS Each of the parties shall bear its own costs, including attorneys' fees.

U - ' SO ORDERED THIS 8 DAY OF __~~P~~QO::::::::._____ 2004. ~~~
NITEDSTATES DISTRICT JUDGE

THIS DOCUMENT ENTERED ON

DOCKET SHEET IN COMPLIANCE

"I WITH
ON

RULf
<6

o5l8/-ANBDYIOR.729(~af) F11RCY

FOR DEFENDANT:
L
HERRINGTON FRIDAY, ELDREDGE & CLARK 2000 Regions Bldg. 400 West Capitol Li.ttle Rock, AR 72201 (501) 376-2011
Center Memorial Hospital

FOR THE COMMISSION: ERIC S. DREIBAND General Counsel JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel
Regional Attorney

Supervisory Trial Attorney

FOR PLAINTIFF INTERVENOR:
Attorney Law 204 N. Oa s, Ste. A P.O. Box 459 Sheridan, AR 72150-0459 (870) 942-0820

Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 820 Louisiana Ave., Ste. 200 Little Rock, AR 72201 (501) 324-5539
,i~~B~~J0u w4
Senior Trial Attorney (501) 324-5060

APPENDIX A NOTICE

NOTICE
1. SALINE COUNTY MEDICAL CENTER D/B/A SALINE MEMORIAL HOSPITAL has agreed with the EEOC to post this notice for one year to reinforce the company's policies concerning the prevention of sexual harassment against any employee.
2. Federal law prohibits an employer from taking retaliatory action against any employee for opposing practices made unlawful under Title VII of the Civil Rights Act of 1964, as amended.
3. Federal law prohibits sexual harassment in the workplace. Sexual harassment includes unwelcome sexual comments, sexual jokes and touching of a sexual nature.
4. SALINE COUNTY MEDICAL CENTER D/B/A SALINE MEMORIAL HOSPITAL supports and will comply with such Federal law in all respects and will not take any action against employees because they have exercised their rights under the law by filing charges with the Equal Employment Opportunity Commission and/or testified, assisted or participated in any manner in any investigation, proceeding or hearing under Title VII of the Civil Rights Act of 1964, as amended.
RIAL HOSPITAL

: ,~
APPENDIX B NEUTRAL REFERENCE

· '.'

Dear

This letter is in response to your inquiry regarding the employment

of

while employed at SALINE MEMORIAL HOSPITAL.

Ms.

worked at the hospital from

through

Company policy does not permit us to give out

any more information concerning Ms.

employment.

I am sure Ms.

can provide you with the details concerning

her tenure at SALINE MEMORIAL HOSPITAL. I hope this information is

helpful and that it satisfactorily answers your inquiry.

Very truly yours,

SALINE MEMORIAL HOSPITAL

ti UNITED STATES DISTRICT COURT Eastern District of Arkansas
U.S. Court House 600 West Capitol, Suite 402 Little Rock, Arkansas 72201-3325
June 8, 2004

* * MAILING CERTIFICATE OF CLERK * *
Re: 4:03-cv-00399.

True and correct copies of the attached were mailed by the clerk to the

following:

press, file, post

Terry Beck, Esq. Equal Employment Opportunity Commission 1407 Union Avenue Suite 621 Memphis, TN 38104
William A. Cash Jr., Esq. Equal Employment Opportunity Commission 820 Louisiana Street Suite 200 Little Rock, AR 72201
Pamela B. Dixon, Esq. Equal Employment Opportunity Commission 820 Louisiana Street Suite 200 Little Rock, AR 72201
Daniel Lee Herrington, Esq. Friday, Eldredge & Clark Regions Center 400 West Capitol Avenue Suite 2000 Little Rock, AR 72201-3493
R. Margaret Dobson, Esq. Attorney at Law 204 North Oak Street, Suite A Post Office Box 459 Sheridan, AR 72150-0459

6/8/04 Date:

James W. McCormack, Clerk
T Jones BY:

 
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DISC, JTR, TERMED
U.S. District Court Eastern District of Arkansas (Little Rock) CIVIL DOCKET FOR CASE #: 4:03-cv-00399-JMM

EEOC v. Saline Cty Medical Assigned to: Judge James M Moody Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 05/28/2003 Date Terminated: 06/07/2004 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Pamela B. Dixon Equal Employment Opportunity Commission - Little Rock 820 Louisiana Street Suite 200 Little Rock, AR 72201 (501) 324-5065 Email: pamela.dixon@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Terry Beck Equal Employment Opportunity Commission - Memphis 1407 Union Avenue Suite 621 Memphis, TN 38104 (901) 544-0138 Email: terry.beck@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Intervenor Plaintiff

William A. Cash, Jr. Equal Employment Opportunity Commission - Little Rock 820 Louisiana Street Suite 200 Little Rock, AR 72201 (501) 324-5539 Email: william.cash@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Denise Heard
V. Defendant Saline County Medical Center doing business as Saline Memorial Hospital

represented by R. Margaret Dobson Dobson Law Firm 102 North Oak Post Office Box 459 Sheridan, AR 72150 (870) 942-0820 Email: margaret@thedobsonlawfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Daniel Lee Herrington Friday, Eldredge & Clark, LLP - Little Rock Regions Center 400 West Capitol Avenue Suite 2000 Little Rock, AR 72201-3493 (501) 370-1571 Email: herring@fec.net LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 05/28/2003 06/04/2003 07/23/2003 07/30/2003
09/22/2003 09/30/2003
04/19/2004 04/19/2004

#

Docket Text

1 COMPLAINT with jury demand; no summons issued (former empl) (Entered: 05/28/2003)
2 WAIVER OF SERVICE OF SUMMONS upon defendant Saline Cty Medical on 5/30/03 (tjj) (Entered: 06/05/2003)
3 ANSWER by defendant (tjj) (Entered: 07/24/2003)
4 INITIAL SCHEDULING ORDER (DOC); Rule 26(f) conference to be held on or before 9/22/03; Rule 26(f) report due by 10/6/03; Rule 16(b) conference (if needed) will be scheduled; proposed jury trial date the week of 6/21/04 in Little Rock (cc: all counsel) (lej) (Entered: 07/30/2003)
5 JOINT RULE 26(f) REPORT by parties (tjj) (Entered: 09/23/2003)
6 FINAL SCHEDULING ORDER (DOC); jury trial set for 9:15 am the week of 6/21/04 in Little Rock; discovery due 4/22/04; status report due 4/22/04; pretrial info sheet due 6/1/04 (cc: all counsel) (tjj) (Entered: 09/30/2003)
7 MOTION by Denise Heard to intervene as party pltf (tjj) (Entered: 04/20/2004)
8 RETURN OF SERVICE upon Leslie Irons as a pharmacist for Wal-Mart Pharmacy of a subpoena duces tecum on 4/12/04 (tjj) (Entered: 04/20/2004)

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04/19/2004 04/19/2004 04/19/2004
04/19/2004 04/19/2004 04/19/2004 04/19/2004 04/19/2004 04/19/2004 04/22/2004 04/22/2004 06/07/2004

9 RETURN OF SERVICE upon Dr. Daniel Cartaya of a subpoena duces tecum on 4/12/04 (tjj) (Entered: 04/20/2004)
10 RETURN OF SERVICE upon Dr. Jerry Dixon of a subpoena duces tecum on 4/12/04 (tjj) (Entered: 04/20/2004)
11 RETURN OF SERVICE upon Nikole Stoll of the Wal-Mart Supercenter Pharmacy of a subpoena duces tecum on 4/12/04 4/12/04 (tjj) (Entered: 04/20/2004)
12 RETURN OF SERVICE upon Jodie Conkley of the Walgreen Pharmacy of a subpoena duces tecum on 4/12/04 (tjj) (Entered: 04/20/2004)
13 RETURN OF SERVICE upon Paula Mace of the Lewis Rice Clinic of a subpoena duces tecum on 4/12/04 4/12/04 (tjj) (Entered: 04/20/2004)
14 RETURN OF SERVICE upon Deborah Quade MD of a subpoena duces tecum on 4/12/04 (tjj) (Entered: 04/20/2004)
15 RETURN OF SERVICE upon Dr. Bradley Diner of a subpoena duces tecum on 4/12/04 (tjj) (Entered: 04/20/2004)
16 RETURN OF SERVICE upon Rob Gerst Poe: The Care Center of a subpoena duces tecum on 4/13/04 (tjj) (Entered: 04/20/2004)
17 RETURN OF SERVICE upon McCoy Tygart Pharmacy of a subpoena duces tecum on 4/12/04 (tjj) (Entered: 04/20/2004)
18 ORDER by Judge James M. Moody granting motion to intervene as party pltf by Denise Heard [7-1] (cc: all counsel) (bmt) (Entered: 04/22/2004)
19 STATUS REPORT by EEOC and Saline Cty Medical (3 to 4 day trial) (tjj) (Entered: 04/23/2004)
20 CONSENT DECREE by Judge James M. Moody regarding the provisions of employment for employees of deft and the agreement between pltf and deft Heard; terminating case (cc: all counsel) (tjj) (Entered: 06/08/2004)

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