F II ED

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA
CHARLESTON DIVISION

LARRY W. PROPES, CLERK U, S. DISTRICT COURT~

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

CIVIL ACTION NO.
0 5 7 7-1

Plaintiff,

Vo
PALMETTO RESTAURANT GROUP, LLC, and CAROLINA RESTAURANT GROUP, INC.,

COMPLAINT (JURY TRIAL DEMANDED)

Defendants.

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of sex, and to provide appropriate relief to Michelle Linen, Beverly Lewis, Shakeenya Coley, Melody Grimmage, Shaketia Ford, Venata Green, Marketia Kinzer, Angelia Gary, and other similarly situated female employees who were adversely affected by such practices. The Equal Employment Opportunity Commission (the "EEOC") alleges that from April 1999 through May 2002 these female employees were subjected to a continuing sexually hostile working environment at Defendants’ Georgetown, South Carolina, Wendy’s Old Fashioned Hamburger Restaurant, and all were adversely affected by such practices.
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) of Title VII 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. § 1981a.

2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the District of South Carolina, Charleston

Division.

PARTIES

3. Plaintiff, the Equal Employment Opportunity Commission, is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by Section 706(f)(1) and (3) of Title

VII, 42 U.S.C. § 2000e-5(f)(1) and (3). 4. At all relevant times, Defendant Palmetto Restaurant Group, LLC ("PRG"), has
continuously been a South Carolina corporation doing business in the State of South Carolina

and the City of Georgetown, and has continuously had at least 15 employees. 5. At all relevant times, Defendant Carolina Restaurant Group, Inc. ("CRG"), has
continuously been a North Carolina corporation doing business in the State of South Carolina

and the City of Georgetown, and has continuously had at least 15 employees. 6. At all relevant times, Defendants PRG and CRG (referred to collectively herein as
Defendant Employers) were an integrated enterprise doing business as Wendy’s Old Fashioned Hamburger Restaurant in Georgetown, South Carolina.
7. At all relevant times, Defendant Employers have continuously been employers engaged in an industry affecting commerce within the meaning of Sections 701 (b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 8. More than thirty days prior to the institution of this lawsuit, Michelle Linen,

Beverly Lewis, Shakeenya Coley, Melody Grimmage, and Shaketia Ford, filed charges with the EEOC alleging violations of Title VII by Defendant Employers. All conditions precedent to the institution of this lawsuit have been fulfilled.
9. Since at least April 1999 through May 2002, Defendant Employers have engaged in unlawful employment practices at their Georgetown, South Carolina, Wendy’s Old Fashioned Hamburger Restaurant in violation of Section 703 of Title VII, 42 U.S.C. § 2000e-2, including but not limited to subjecting female employees, some of whom as young as sixteen years old, to a continuing severe or pervasive sexually hostile working environment, which was based on their sex, female, and which included daily verbal and physical sexual harassment by a forty-nine year old manager.
10. The effect of the practices complained of in paragraph 9 above has deprived Michelle Linen, Beverly Lewis, Shakeenya Coley, Melody Grimmage, Shaketia Ford, Venata Green, Marketia Kinzer, Angelia Gary, and other similarly situated female employees who worked at Defendants’ Georgetown, South Carolina, Wendy’s Old Fashioned Hamburger Restaurant, of equal employment opportunities and otherwise adversely affected their status as employees because of their sex, female.
11. The unlawful employment practices complained of in paragraph 9 above were intentional.
12. The unlawful employment practices complained of in paragraph 9 above were done with malice or with reckless indifference to the federally protected rights of Michelle Linen, Beverly Lewis, Shakeenya Coley, Melody Grimmage, Shaketia Ford, Venata Green, Marketia Kinzer, Angelia Gary, and other similarly situated female employees who worked at Defendants’

Georgetown, South Carolina, Wendy’s Old Fashioned Hamburger Restaurant. PRAYER FOR RELIEF
Wherefore, the EEOC respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Employers, their officers, successors, assigns, and all persons in active concert or participation with them, from engaging in sexual harassment and any other employment practice which discriminates on the basis of sex. B. Order Defendant Employers to institute and carry out policies, practices, and programs which provide equal employment opportunities for women, and which eradicate the effects of their past unlawful employment practices. C. Order Defendant Employers to make whole Beverly Lewis, Shakeenya Coley, Shaketia Ford, Venata Green, Marketia Kinzer, Angelia Gary, and other similarly situated female employees who worked at Defendants’ Georgetown, South Carolina, Wendy’s Old Fashioned Hamburger Restaurant, by providing appropriate backpay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of their unlawful employment practices, including but not limited to reinstatement of Beverly Lewis, Shakeenya Coley, Shaketia Ford, Venata Green, Marketia Kinzer, Angelia Gary, and other similarly situated female employees. D. Order Defendant Employers to make whole Shakeenya Coley, Shaketia Ford, Venata Green, and other similarly situated female employees who worked at Defendants’ Georgetown, South Carolina, Wendy’s Old Fashioned Hamburger Restaurant, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 9 above, including lost wages and medical expenses, in amounts
4

to be determined at trial. E. Order Defendant Employers to make whole Michelle Linen, Beverly Lewis,

Shakeenya Coley, Melody Grimmage, Shaketia Ford, Venata Green, Marketia Kinzer, Angelia

Gary, and other similarly situated female employees who worked at Defendants’ Georgetown, South Carolina, Wendy’s Old Fashioned Hamburger Restaurant, by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 9 above, including loss of enjoyment of life, personal injuries, loss of earning capacity, suffering, humiliation, fear, anxiety, emotional pain, loss of dignity, loss of civil rights, and anger, in amounts to be determined at trial.
F. Order Defendant Employers to pay Michelle Linen, Beverly Lewis, Shakeenya

Coley, Melody Grimmage, Shaketia Ford, Venata Green, Marketia Kinzer, Angelia Gary, and other similarly situated female employees who worked at Defendants’ Georgetown, South Carolina, Wendy’s Old Fashioned Hamburger Restaurant, punitive damages for their malicious

and reckless conduct described in paragraph 9, 11 and 12 above, in amounts to be determined at

trial.

Go

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

interest.

H. Award the EEOC its costs of this action.

JURY TRIAL DEMAND

The EEOC requests a jury trial on all questions of fact raised by its complaint.

Dated this ~a day of ~

, 2003.
GWENDOLYN YOUNG REAMS Associate General Counsel

BOBBY C. SIMPSON Acting Regional Attomey

Trial Attorney Federal ID# 5189 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 301 N. Main Street Landmark Building, Suite 1402 Greenville, SC 29601 (864) 241-4406

6

 
 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA
CHARLESTON DIVISION

F LEDA
L&RRY W. PROPES, CLERK CHARLESTON, SO

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION, and SHAKEENYA COLEY,

)

SHAKETIA FORD, ANGELIA GARY, VERNATA)

GREEN, MELODY GRIMMAGE, MARKETIA )

KINZER, BEVERLY LEWIS, MICHELL E.

)

LINEN and WENDY REED,

)

)

)

Plaintiffs,

)

)

)

)

PALMETTO RESTAURANT GROUP, LLC,

)

CAROLINA RESTAURANT GROUP, INC.,

)

METROLINA RESTAURANT GROUP, LLC,

)

FLORIDA RESTAURANT GROUP, LLC, and )

WENDY’S INTERNATIONAL, INC.

)

)

Defendants.

)

)

Case No. 2-03-2577-23BG
INTERVENORS’ COMPLAINT Sex Discrimination and Harassment Retaliation Breach of Contract Breach of Contract Accompanied
by Fraudulent Act Intentional Infliction of Emotional
Distress (Jury Trial Demanded)

INTRODUCTION

1. This is a suit by the individual plaintiffs against the defendant employers for a pattern

of sex harassment, sex discrimination and retaliation during their employment at Wendy’s Old Fashioned Hamburgers.

JURISDICTION AND VENUE

2. The jurisdiction of this court is invoked pursuant to 28 U.S.C. sections 1331, 1337,

1343(3), 1343(4) and 1345 conferring original jurisdiction upon this court of any civil action to

recover damages or to secure equitable relief under any Act of Congress providing for the protection

of civil rights, more particularly pursuant to section 2000e, et. seq. of Title VII of the Civil Rights Act

of 1964, as amended ("Title VII"), 42 U.S.C. section 2000e and Section 102 of the Civil Rights Act

,5\

of 1991, 42 U. S.C. section 1981 a. This Court has pendent jurisdiction to determine the state causes

of action that arose from the same occurrences and transactions which gave rise to the federal causes.

3. The plaintiffs lived in and the unlawful employment practices were committed within the jurisdiction of the United States District Court for the District of South Carolina, Charleston

Division.

PARTIES

4. Plaintiff Shakeenya Coley, a female, is a citizen of the United States and resident of

Georgetown County, South Carolina.

5. PIaintiff Shaketia Ford, a female, is a citizen of the United States and resident of Sumter County, South Carolina.

6. Plaintiff Angelia Gary, a female, is a citizen of the United States and resident of

Georgetown County, South Carolina.

7. Plaintiff Vernata Green, a female, is a citizen of the United States and resident of

Jamaica, New York.

8. Plaintiff Melody Grimmage, a female, is a citizen of the United States and resident of

Georgetown County, South Carolina.

9. Plaintiff Marketia Kinzer, a female, is a citizen of the United States and resident of

Horry County, South Carolina.

10. Plaintiff Beverly Lewis, a female, is a citizen of the United States and resident of Georgetown County, South Carolina.

11. Plaintiff Michelle Linen, a female, is a citizen of the United States and resident of Williamsburg County, South Carolina.

12. Plaintiff Wendy Reed, a female, is a citizen of the United States and resident of Georgetown County, South Carolina.
13. At all relevant times, Defendant, Palmetto Restaurant Group, LLC ("PRG"), has continuously been a South Carolina corporation doing business in the State of South Carolina and the City of Georgetown, and has continuously had at least 15 employees.
14. At all relevant times, Defendant Carolina Restaurant Group, Inc. ("CRG"), has continuously been a North Carolina corporation doing business in the State of South Carolina and the City of Georgetown, and has continuously had at least 15 employees.
15. At all relevant times, Metrolina Restaurant Group, LLC, ("Metrolina"), has continuously been a North Carolina corporation doing business in the State of South Carolina and the City of Georgetown, and has continuously employed at least 15 employees.
16. At all times, Florida Restaurant Group, LLC ("FRG"), has continuously been a Florida corporation doing business in the State of South Carolina and the City of Georgetown, and has continuously employed at least 15 employees.
17. At all times, Wendy’s International, Inc. has continuously been an Ohio corporation doing business in the State of South Carolina and the City of Georgetown, and has continuously employed at least 15 employees.
18. At all times, Defendants PRG, CRG, Metrolina, FRG and Wendy’s International, Inc. (referred to collectively herein as Defendant Employers) were an integrated enterprise doing business as Wendy’s Old Fashioned Hamburger Restaurant in Georgetown, South Carolina.
19. Employers have continuously been employers engaged in an industry affecting commerce within the meaning of Sections 701 (b), (g) and (h) of Title VII, 42 U.S.C. §{} 2000e(b), (g)

and (h).

STATEMENT OF FACTS

20. Alphonso Williams was employed as an assistant manager at Wendy’ s Old Fashioned Hamburgers at 939 N. Fraser Street in Georgetown South Carolina. Williams was employed for

approximately nine years until he was terminated in 2002. Williams was the direct supervisor of the

following part and full time young female employees who worked as sandwich makers and cashiers.

21. Shakeenya S. Coley was age 16 at the time of her employment with defendants in the summer of 2001. She was touched on her breasts and buttocks by Alphonso Williams and was told

he wanted to have oral sex with her. Ms. Coley told Williams to stop, but he continued his conduct.

As a result of Williams’ conduct, Ms. Coley was constructively discharged from her employment at

Wendy’s. 22.

Shaketia Ford was age 16 at the time of her employment with Wendy’ s in the summer

and fall of 2001. She was touched on her breast and buttocks by Alphonso Williams. Williams told Ms. Ford he would pay her $300 to have sex with him. She refused and told him to stop touching her,

but he continued. As a result of Williams’ conduct, Ms. Ford was constructively discharged from

Wendy’s. 23.

Angelia Gary was age 37 at the time of her employment in 2002. She was requested

by Alphonso Williams to give him sex. Ms. Gary refused and she was constructively discharged from Wendy’s.

24. Vernata Green was age 34 at the time of her employment in 2001. She was confronted by continuous sexual comments made by Alphonso Williams. Williams sexually touched

her on her breast and buttocks. Ms. Green told him to stop, however he continued and she was

4

constructively discharged from Wendy’ s. 25. Melody Grimmage was age 17 at the time of her employment in 2000 through 2001.
She was touched on her breast and body by Williams. One night after work, Williams forced her to the floor, pushed himself on top of her body and simulated a sex act. Williams also offered to pay her $500 for oral sex. One day at work, Williams shoved a whole potato towards Ms. Grimmage’s vagina. She told him to stop but he continued. As a result of this conduct, Ms. Grimmage left the Fraser Street store and transferred to another store.
26. Marketia Kinzer was age 20 at the time of her employment in 2000. She was touched on her back and buttocks by Alphonso Williams who also made lewd comments to Ms. Kinzer. Ms. Kinzer lett Wendy’s as a result of Williams’ conduct.
27. Beverly Lewis was age 16 at the time of her employment in 2001. She was touched on her breasts, bottom and legs by Williams. He asked her to have sex and she refused and asked him to stop. Ms. Lewis quit on account of Williams’ conduct.
28. Michelle Linen was age 16 at the time of her employment in 2000 and 2001. She was touched by Williams on at least two occasions when Williams pressed himself against her back and touched her breasts. He made lewd comments to her. Ms. Linen complained about Williams and was terminated shortly after her complaint.
29. Wendy Reed was age 16 at the time of her employment from 1999 through 2002. She was touched by Williams on her breasts, buttocks and genital area and he rubbed his body against hers. She told him to stop but he continued. One evening, when she fell to the ground he proceeded to lay on top of her. He made lewd comments to her and as a result of his conduct, Ms. Reed was constructively discharged from Wendy’ s.

30. Each of the plaintiffs found Williams’ conduct offensive and unwelcome and it
interfered with their work performance. Williams’ conduct continued throughout the course of their employment.
31. Williams’ supervisors knew or should have known about the sex harassment, yet failed
to remedy or control the sex harassment and Williams’ employment was continued. 32. As early as March 13, 2000, defendants had knowledge that Williams touched and
brushed up against female employees, nevertheless, defendants continued to employ Williams, and therefore placed plaintiffs in danger.
33. Several plaintiffs complained to their supervisors and to Williams’ supervisors about the sex harassment:
Plaintiff Shakeenya Coley’s mother contacted the manager at Wendy’s, and filed a complaint against Williams with Alex Boatman; Plaintiff Shaketia Ford complained to Manager Jenny Streiffert about Williams’ conduct, and her father reported Williams conduct to the Atlanta offices of Wendy’s International, Inc.; Plaintiff Melody Grimmage complained about Williams conduct to Assistant Manager Wanda Reed, who relayed Grimmage’s complaint to Head Manager, Jenny Streiffert; Plaintiff Beverly Lewis informed a manager, Timothy, of another Wendy’s store, of Williams conduct; 34. Defendants made no investigation into plaintiffs’ complaints or the investigation made was inadequate and failed to remedy and control the harassment.
35. Shaketia Ford’s father, Jackie Ford, utilized the Wendy’ s International, Inc. complaint number and lodged a complaint against Williams. Wendy’s International, Inc. advised it would investigate, remedy and correct the problem, but failed to do so.
6

36. Plaintiff Grimmage complained to a Wendy’s supervisor, and was constructively discharged after her complaint.
37. More than thirty days prior to the installation of this lawsuit, Michelle Linen, Beverly Lewis, Shakeenya Coley, Melody Grimmage and Shaketia Ford, filed charges with the EEOC alleging violations of Title VII by Defendant Employers. All conditions precedent to the institution of this lawsuit have been fulfilled.
38. Plaintiffs Angelia Gary, Vernata Green, Marketia Kinzer and Wendy Reed are members of the similarly situated class, each of these plaintiffs were sexually harassed by their supervisor and the allegations in paragraphs 21 through 36 above, in the EEOC charge filed relate back and concern these plaintiffs.
39. The defendants maintained and promulgated express and implied representations in their policies and procedures governing employment at Wendy’s Old Fashioned Hamburgers, including but not limited to a prohibition against sex harassment, sex discrimination and retaliation. (Handbook provisions attached as Exhibit A).
40. Defendants knew the above representations were false and intentionally refused to comply with their express and implied promises, promises which were material, and representations upon which plaintiffs relied and had a right to rely, to their detriment, causing them injury.
41. The Wendy’s policies and procedures prohibiting sex harassment failed to prevent, control and remedy the sex harassment.
42. Defendants intentionally failed to comply with their implied and express policies and practices prohibiting sex harassment, discrimination and retaliation in violation of defendants’ obligation to do so.
7

43. The unlawful employment practices complained of in paragraphs 21 through 36 above were intentional.
44. Defendants had prior knowledge of the sex harassment and refused to take any action to prohibit the illegal conduct.
45. The unlawful employment practices complained of in paragraphs 21 through 36 above were done with malice or with reckless indifference to the federally protected rights of the plaintiffs.
46. Each of the plaintiffs were constructively discharged from their employment with Wendy’s Old Fashioned Hamburger Restaurant in Georgetown, South Carolina because of the illegal conduct of the defendants.
47. Plaintiffs Michelle Linen and Melody Grimmage were retaliated against for having complained of the sexual harassment and were either discharged or constructively discharged because of the sex harassment and/or retaliation.
48. Atter their employment ended, plaintiffs were confronted at the Fraser Street restaurant, their schools and elsewhere by Alphonso Williams, while he was employed at Wendy’s, thereby causing them to fear for their safety and well-being
FOR A FIRST FEDERAL CAUSE OF ACTION (Sex Discrimination and Harassment) (All Plaintiffs)
49. Plaintiffs reallege and incorporate by reference Paragraphs 1 through 48 above, as if set forth herein.
50. By the acts and practices alleged above, and by other and related acts and practices, defendants have deprived all plaintiffs of the equal employment opportunities guaranteed by law, by discriminating against them by subjecting them to less favorable terms and conditions of employment,

depriving them of employment opportunities and discharging or constructively discharging them because of their sex; all in violation of Title VII, 42 U.S.C. section 2000e, et.seq, and as amended by the Civil Rights Act of 1991.
FOR A SECOND FEDERAL CAUSE OF ACTION (Retaliation Against Michelle Linen and Melody Grimmage) 51. Plaintiffs reallege and incorporate by reference Paragraphs 1 through 50 above, as if set forth herein. 52. By the acts and practices alleged above, and by other and related acts and practices, defendants retaliated against plaintiffs Linen and Grimmage when they opposed practices made unlawful by the Act in violation of Title VII, 42 U.S.C. section 2000e-3 and the Civil Rights Act of 1991. FOR A THIRD CAUSE OF ACTION BY WAY OF STATE CAUSE OF ACTION
(Breach of Contract) (All Plaintiffs)
53. Plaintiffs reallege and incorporate by reference Paragraphs 1 through 52 above, as if set forth herein.
54. Plaintiffs’ employment with Wendy’s was governed by express and implied policies and procedures prohibiting sex harassment, discrimination and retaliation.
55. Defendants failed to comply with their obligations to comply with their express and implied policies and procedures, thereby breaching their contract with plaintiffs.
56. As a result of the breach of contract, plaintiffs lost their employment, wages and benefits and are entitled contract damages.
9

FOR A FOURTH CAUSE OF ACTION BY WAY OF STATE CAUSE OF ACTION (Breach of Contract Accompanied by Fraudulent Act) (All Plaintiffs)
57. Plaintiffs reallege and incorporate by reference Paragraphs 1 through 56 above, as if set forth herein.
58. The acts and omissions of the defendants, in violation of their express and implied policies and procedures to prohibit sex harassment and retaliation, while knowingly allowing sex harassment and retaliation; constitutes breach of contract accompanied by fraudulent act.
59. As a direct and proximate result of the breach &contract accompanied by fraudulent act, the plaintiffs suffered injury, entitling them to compensatory and punitive damages from the individual defendants jointly and severally.
FOR A FIFTH CAUSE OF ACTION BY WAY OF STATE CAUSE OF ACTION (Intentional Infliction of Emotional Distress) (All Plaintiffs)
60. Plaintiffs reallege and incorporate by reference Paragraphs 1 through 59 above, as if set forth herein.
61. Defendants’ conduct,including intentionally dewing the plaintiffs’ employment opportunities and subjecting them to the harasser subsequent to their employment, was outside the bounds of all decent behavior. As a result of the extreme and outrageous conduct of the defendant, plaintiffs have suffered severe emotional distress and humiliation, to the point of physical injury.
62. The intentional conduct of the defendants was substantially certain to result in severe emotional distress to plaintiffs, and was the proximate cause of plaintiffs’ injuries, causing actual damages and entitling the plaintiffs to punitive damages in an amount to be proved at trial.
10

FOR A SIXTH CAUSE OF ACTION BY WAY OF STATE CAUSE OF ACTION (Negligence)
(Against Wendy’s International, Inc.) (For Shaketia Ford, Angelia Gary, Vernata Green, Melody Grimmage, Beverly Lewis)
63. Plaintiffs allege and incorporate by reference Paragraphs 1 through 62 above, as if set
forth herein.
64. Defendant Wendy’s International, Inc. advertised a complaint procedure and
undertook an obligation to remedy and correct harmful conduct in restaurants bearing its name.
65. Through its acts and omissions, Defendant Wendy’s International, Inc. negligently
performed its duties under the above obligation.
66. As a result of Wendy’s International, Inc.’s negligence, plaintiffs suffered harm
entitling them to damages, actual and punitive, in an amount to be proved at trial.
WHEREFORE, plaintiffs respectfully pray that this Court enter judgment for them against
defendants as follows:
For a declaration that plaintiffs were treated and terminated illegally for sexual harassment and discrimination in violation of Title VII, for equitable relief including back pay and benefits with prejudgment interest, reinstatement, or alternatively, front pay and benefits, compensatory and punitive damages, attorneys fees and costs;
For a declaration that plaintiffs Linen and Grimmage were retaliated against in violation of Title VII, for equitable relief, including back pay and benefits with prejudgment interest, reinstatement, or alternatively, front pay and benefits, compensatory and punitive damages, attorneys fees and costs;
For contract (actual) damages with prejudgment interest for breach of contract for all plaintiffs;
For actual damages with prejudgment interest and punitive damages for breach of contract accompanied by fraudulent act for all plaintiffs;
For actual and punitive damages for intentional infliction of emotional distress for all plaintiffs;
11

For actual and punitive damages for negligence against Wendy’s International, Inc. for plaintiffs; Shaketia Ford, Angelia Gary, Vernata Green, Melody Grimmage and Beverly Lewis against Wendy’s International, Inc.; For such other and further relief as to this Court appears just and proper.
Respectfully submitted,

Terry Ann Ri0k"son, Esq. (Fed. ID 3462) TERRY ANN RICKSON, ESQ., INC. 102 Wappoo Creek Drive, No.8 Charleston, South Carolina 29412 (843) 722-1500

Charleston, South Ca~,olina Dated: December _~__, 2003

David L. Hood, Esq. (Fed. ID 6180) THE LAW OFFICE OF DAVID L. HOOD 407 Church Street, Unit 1-I PO Box 535 Georgetown, South Carolina 29442 (843) 527-8010
ATTORNEYS FOR PLAINTIFFS

12

 
 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA
CHARLESTON DIVISION

FI LED
JUN 2 1 20P4
CCN\
w. LARRY PROPES, CLERK
CHARLESTON, SC

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

SHAKEENYA COLEY. SHAKETIA FORD, )

ANGElJA GARY. VENETA GREEN,

)

MELODY GRIMMAGE.

)

MARKETIA KINZER. BEVERLY LEWIS, )

MICHELLE LINEN, WENDY REED, and )

KIA GREEN,

)

)

Plaintiff- Interveners

)

)

v.

)

)

PALMETTO RESTAURANT GROUP, LLC, )

CAROLINA RESTAURANT GROUP, INC., )

METROLINA RESTAURANT GROUP, LLC,)

FLORIDA RESTAURANT GROUP, LLC. )

and WENDY'S INTERNATIONAL, INC. )

)

Defendants.

)

---------------------------)

CIVIL ACTION NO. 2: 03-2577-23BG
CONSENT DECREE

EN'll-RIl'
(p (/:2./7/01-

The Equal Employment Opportunity Commission ("EEOC") instituted this action

pnrsuant to Section 706(t)( I) and (3) of Title VII of the Civil Rights Act of 1964, as amended,

42 U.s.c. ~ 2000e-5(f)(l) and (3) ("Title VII") and Section 102 of the Civil Rights Act of

1991,42 U.S.C. ~ 1981 a. The above-named Plaintit1~Interveners (hereafter "Claimants")

thereafter intervened in this action and named additional Defendants.

Because the issue of all Defendants' (except Palmetto Restanrant Group, LLC's) status

as an employer of the Claimants (or any other named or unnamed individuals who could have

been memhers of the pnrported class in this collective action) remains in dispute, the EEOC,

-----------------------------

the Claimants and the Defendants named above (collectively "Defendants"), hereby stipulate to

the jurisdiction of the Court for purposes of this Consent Decree only. The parties further

stipulate this Consent Decree shall be enforceable notwithstanding some Defendants' assertion

the Court lacks jurisdiction over them. Nothing in this Consent Decree shall be interpreted as

an admission contrary to, and their consent to this Consent Decree shall be without prejudice

to, the position of all Defendants, except Palmetto Restaurant Group, LLC (hereafter

"Company"), that they are not employers of any Claimants, either as the term "employer" is

defined under Title VII or for any other purpose.

EEOC agrees that this Consent Decree operates as a final dismissal, with prejudice, of

all claims made, or which could have been made, by it or on hehalf of any individual against

Defendants, which in any way relate to the facts alleged in EEOC's Complaint in this action.

In entering into this agreement, Defendants do not admit to any wrongdoing, violation

of law or interference with the rights of any individuals, including the Claimants and other

class members; rather, the parties have advised this Court that they desire to resolve the

allegations in the Complaints without the burden, expense, and delay of further litigation.

It is therefore the finding of this Court, made on the pleadings and the record as a

whole, for the purposes of entering this Consent Decree, that: (1) the Court has jurisdiction

over the parties and the suhject matter of this action for purposes of this Consent Decree; (2)

the purpose and provisions of Title VII will he promoted and effectuated hy the entry of the

Consent Decree; and (3) this Consent Decree resolves all matters in controversy hetween the

parties as provided in paragraphs 1 through 14 helow.

It is therefore ORDERED, ADJUDGED AND DECREED as follows:

1.

Company shall not discriminate against employees on the hasis of sex by

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denying equal employment opportunities to persons because of their sex and specifically shall

not subject employees to sexual harassment.

2.

Company shall not discriminate or retaliate against any person because of

opposition to any practice made unlawful under Title VII, or because of the filing of a charge,

the giving of testimony or assistance, or the participation in any investigation, proceeding or

hearing under Title VII.

3. Company shall pay the total sum $487,500.00 in settlement of any and all

claims raised, or which could have been raised, by Claimants; the payment of this sum also

represents settlement of all claims made, or which could have been made, in this lawsuit by

EEOC on behalf of any individual against Defendants, which in any way relate to the claims

alleged in EEOC's Complaint in this action (all claims referenced in the foregoing sentence

being hereafter collectively referred to as "Claims"). The entry of this Consent Decree shall

effect the dismissal, with prejudice, of all such Claims. This settlement shall be payable as

follows:

a. Company shall make the first such payment, in the total amount of $337,500,

by issuing checks payable to the individuals and in the amounts shown in Column 1

("Payment 1") of Exhibit A. Such payment shall be due on or before June 10, 2004, but

in no event before the Court approves, enters and files this Consent Decree, and all

Claimants execute a complete and final release of all Claims against all Defendants in a

form acceptable to Defendants.

b. Company shall pay the balance of $150,000.00 in 6 equal quarterly

installments of $25,000 each, the first such quarterly installment being due on August 4,

2004, with subsequent quarterly installments being due on November 4, 2004, February

3

4, 2005, May 4, 2005, August 4, 2005 and November 4, 2005. Each such payment to

each individual will be in the amount shown in Column 2 ('"Payments 2-7") of Exhibit

A.

c. Except such payment as is to be made to Attorney Terry Rickson, which will

be mailed directly to her at the address shown below, all payments described in sections

(a) and (b) of this paragraph 3 shall be made by check payable as follows. The initial

payment, described in section (a) of this paragraph 3 and specified in as Payment I in

Column I of Exhibit A, will be by check payable jointly to the individual named "and

to her attorney, David L. Hood". As to subsequent payments, as described in section

(b) of this paragraph 3 and specified as Payments 2-7 in Column 2 of Exhibit A, these

will be by check payable to each individual only. All checks will be sent by first class

mail to attorney David L. Hood, Post Office Box 535, Georgetown, SC 29442.

Company shall mail to Lynette A. Barnes, Acting Regional Attorney, Equal

Employment Opportunity Commission, 129 West Trade Street. Suite 400, Charlotte,

NC 28202, a copy of each Claimants' check and proof of delivery.

4.

During the term of this Consent Decree, Company shall provide an annual

training program to all its employees. At least IS days prior to the first such program,

Company shall provide the EEOC with an agenda for the training program. The training

program shall include an explanation of the requirements of the federal equal employment

opportunity laws, including Title VII of the Civil Rights Act of 1964, and its prohibition

against sex discrimination in the workplace, and particularly sexual harassment. The first

training in accordance with this paragraph shall be completed within 90 days after the date this

Consent Decree is filed. Within 10 days after completion of such training, Company shall

4

certify to the EEOC the specific training which was undertaken and shall provide the EEOC

with a roster of all employees in attendance.

5. Company shall develop written procedures to be followed for reporting

complaints. investigating complaints. and redressing complaints of discrimination. particularly

sexual harassment complaints. These written procedures shall be implemented no later than 90

days from entry of this Consent Decree. Within 15 days of their implementation. Company

shall provide the EEOC with a copy of its written procedures.

6.

During the term of this Consent Decree, Company shall conspicuously post the

attached Employee Notice, marked Exhibit B and hereby made a part of this Consent Decree,

in a place at its store number 205 where it is visible to employees at that facility during the

period of the Consent Decree. If the Notice becomes defaced or unreadable. Company shall

replace it by posting another copy of the Notice. Within 10 days of posting the Employee

Notice. Company shall notify EEOC of the posting.

7. During the term of this Consent Decree, Company shall conspicuously post a

copy of its sexual harassment policy, in a place where it is visible to employees, at all facilities

it operates during the period of the Consent Decree. If the policy becomes defaced or

unreadable. Company shall replace it by posting another copy of the policy. Within 10 days of

posting the policy, Company shall notify EEOC of its posting.

8. Company agrees to provide the EEOC with annual reports during the term of

this Consent Decree. The first report is due no later than 120 days after the entry of this

Consent Decree. Company will provide reports every six months thereafter during the term of

this Consent Decree. The reports shall include the following information: (a) the identities of

/) tV

J-;" " all individuals who have complained of or reported sexual harassment at any of Company's
\.~ Y '\~) V","

5

j,&,~ ~~

facilities. including by way of identification each person's name, home address. home

telephone numher, social security number, and sex; (h) a brief statement regarding the nature

of the individual's complaint; and (c) a description of what action Company took in response to

the individual's complaint. If Company receives no such complaints during the reporting

period. Company will also report that fact to EEOC.

9. Company agrees that the EEOC may review compliance with this Consent

Decree. As part of such review, the EEOC may inspect the Company's premises, interview

Company's employees and examine and copy Company's documents upon 2 business days'

notice to attorney for the Company, Sue Erwin Harper. either by mail to 1320 Main Street

(29201), P. O. Box 11070, Columhia, SC 29211. or by facsimile to 803/255~9034. During the

term of this Consent Decree. Company will provide written notice to EEOC of any changes in

the identity or contact information for the person designated to receive such notice

("Designee"); in the event there are any such changes which are not reported to EEOC, and as

a result EEOC is unahle to make contact with the Designee, then EEOC may effectuate notice

upon Company by providing same hy mail or facsimile to its corporate address.

10. If anytime during the term of this Consent Decree the EEOC believes Company

is in violation of this Consent Decree, the EEOC shall give notice of the alleged violation to

Company as set out in the preceding paragraph 9. Company shall have 5 days in which to

investigate and respond to the allegations. Thereafter. the Company and the EEOC shall have a

period of 10 days. or such additional period as may he agreed upon by them. in which to

engage in negotiation and conciliation regarding such allegations, hefore the EEOC pursues

any remedy against the Company provided by law.

II. All notices required by this Consent Decree to he given to EEOC shall be by ..J-;"} t1 .'.\

(y ,

I'
-,11"..)

#:~~

6

J&&.\t-

,~Iv
Y\

mail to Lynette A. Barnes, Acting Regional Attorney, Equal Employment Opportunity Commission, 129 West Trade Street, Suite 400, Charlotte, NC 28202.
12. The term of this Consent Decree shall be for 3 years after the date this Consent Decree is fi led.
13. All parties shall bear their own attorneys' fees and costs. 14. This Court shall retain jurisdiction of this case during the duration of this Consent Decree for purposes of resolving controversies arising under this Consent Decree and for entry of any orders as may be necessary or appropriate to resolve such controversies or to enforce the terms of this Consent Decree.

~ 1~,2004 "........ Charleston, South Carolina

UNITED STATES DISTRICT JUDGE

AGREED AND ENTRY REQCESTED:

For Equal Employment Opportunitv COlllmission:

ERIC S. DREIBAND General Counsel

JAMES L. LEE Deputy General Counsel

GWENDOLYN YOUNG REAMS Associate General Counsel

LYNETTE A. BARNES Acting Regional Attorney

7

--------.--------

Edwin L. Turnage Trial Attorney Federal ID #5189 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 301 N. Main Street Landmark Building, Suite 1402 Greenville, SC 29601 (864) 241-4406
For Plaintiffs-Interveners:
Terry Am{jickson Federal ID # 3462 P.O. Box 1065 Charleston, SC 29402
David L. Hood
Federal ID # bl90
P.O. Box 535 Georgetown, SC 29442
For Palmetto Restaurant Group, LLC
Federal ID # 737 Nelson Mullins Riley & Scarborough, LLP P.O. Box 11070 Columbia. SC 29211
8

For Carolina Restaurant Group, Inc., Metrolina Restaurant Group, LLC and Florida Restaurant Group, LLC
~ B, f\-5c: ~.~~.
aVl . McCormack
Federal ID # d -:;.. ?-'i
Buist Moore Smythe McGee P.O. Box 999 Charleston, SC 29402-0999

son TransAmerica Square 401 North Tryon Street. 10th Floor Charlotte, NC 29202

For Wendv's International, Inc.

)

M. Dawes Cooke, Jr.

.1

a, Federal ID # 8 B

Barnwell Whaley Patterson & Helms, LLC

P.O. Drawer H Charleston, SC 29402-0197

~oQc(J
Todd D. Wozniak King & Spaldin ,L P 191 Peachtree tree Atlanta, GA 3 303- 736

9

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA
CHARLESTON DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

SHAKEENY A COLEY, SHAKETIA FORD, )

ANGELIA GARY, VENETA GREEN,

)

MELODY GRIMMAGE,

)

MARKETIA KINZER, BEVERLY LEWIS, )

MICHELLE LINEN, WENDY REED, and

)

KIA GREEN,

)

)

Plai nti ff- Interveners )

)

v,

)

)

PALMETTO RESTAURANT GROUP, LLC, )

CAROLINA RESTAURANT GROUP, INC., )

METROLINA RESTAURANT GROUP, LLC, )

FLORIDA RESTAURANT GROUP, LLC, and )

WENDY'S INTERNATIONAL, INC.,

)

)

Defendants,

)

--------------------------)

Claimants:

CIVIL ACTION NO, 2: 03-2577-23BG

Last Name 1, Coley 2, Ford 3, Gary 4, Green 5, Green 6, Grimmage 7, Kinzer 8, Lewis 9, Linen 10, Reed

First Name Shakeenya Shaketia Angelia Kia Venata Melody Marketia Beverly Michelle Wendy

Payment I $14,250,00 514,250,00 $14,250,00 $14, )50,00 $14,250,00 $14,250,00 $14,250,00 $14,250,00 $14,250,00 $14,250,00

Payments 2-7 $2,500 each $2,500 each $2,500 each $2,500 each $2,500 each $2,500 each 52,500 each $2,500 each $2,500 each $2,500 each

Attorneys:

Hood Rickson

David

$97,500,00

-0-

Terry Ann

$97,500,00

-0-

EXHIBIT A

IN THE UNITED STATES DISTRICT COCRT FOR THE DISTRICT OF SOUTH CAROLINA
CHARLESTON DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION, Plaintiff, and

)

SHAKEENYA COLEY, el al., Plaintiff-

)

Interveners,

)

v.

)

PALMETTO RESTAURANT GROUP, LLC, )

n~.,

)

Defendants.

)

---)

CIVIL ACTION NO. 2:03-2577-23BG
NOTICE TO EMPLOYEES

I. This Notice to Employees is posted pursuant to an agreement hetween Palmetto Restaurant Group, LLC ("Company") and the United States Equal Employment Opportunity Commission ("EEOC") arising out of a case alleging discrimination based on sex, female.

2.

Federal law requires that there be no discrimination against or harassment of any

employee or applicant for employment hceause "fthe employee's race, color, religion, sex, national

origin, age (40 or older) or disahility. Federal law prohibits retaliation against employees heeause

they have opposed unlawful employment discrimination, participated in employment discrimination

proceedings, or otherwise asserted their rights under the laws enforced hy the EEOC.

3.

Title VII of the Ci viI Rights Act of 1964 is a federal law which prohibits sex

discrimination or retaliation against any employee in all aspects of employment including, but not

limited to, hiring, promotion, discharge, pay, job training and fringe benefits. Title VII also

prohibits sexual harassment. Sexual harassment is harassment that is so severe or pervasive that it

alters the conditions of the victim's employment and creates an abusive working environment.

4.

Company shall comply with such federal law in all respects. Company will not take

any actions against cmployees because they have exercised their rights, reported an alleged

violation under the law or have gi ven testimony, assistance or participation in any investigation,

proceeding or hearing conducted by the U.S. Equal Employment Opportunity Commission.

An employee has the right to report allegations of employment discrimination, harassment or retaliation in the workplace. An employee may contact the U. S. Equal Employment Opportunity Commission at the following address and telephone numher for the purpose of filing a charge of employment discrimination.

Equal Employment Opportunity Commission Greenville Local Office
301 N. Main Street, Landmark Building, Suite 1402 Greenville, SC 29601 Tel: (864) 241-4400

EXHIBIT B

mail to Lynette A. Barnes, Acting Regional Attorney, Equal Employment Opportunity Commission, 129 West Trade Street, Suite 400, Charlotte, NC 28202.
12. The term of this Consent Decree shall be for 3 years after the date this Consent Decree is filed.
13. All parties shall bear their own attorneys' fees and costs. 14. This Court shall retain jurisdiction of this case during the duration of this Consent Decree for purposes of resolving controversies arising under this Consent Decree and for entry of any orders as may be necessary or appropriate to resolve such controversies or to enforce the terms of this Consent Decree.

fr June

2004

Charleston, South Carolina

UNITED STATES t"".CIS,{RAJ:E JUDGE
~/;jJ..,H~

AGREED AND ENTRY REQUESTED:

For Equal Employment Opportunity Commission:

ERIC S. DREIBAND General Counsel

JAMES L. LEE Deputy General Counsel

GWENDOLYN YOUNG REAMS Associate General Counsel

LYNETTE A. BARNES Acting Regional Attorney

 
 CM/ECF - scd - Docket Report

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U.S. District Court District of South Carolina (Charleston) CIVIL DOCKET FOR CASE #: 2:03-cv-02577-PMD-GCK

CLOSED

EEOC v. Palmetto Rest Group, et al Assigned to: Judge Patrick Michael Duffy Referred to: Magistrate Judge George C Kosko Demand: $0 Cause: 42:2000 Job Discrimination (Sex)
Plaintiff
Equal Employment Opportunity Commission

Date Filed: 08/07/2003 Date Terminated: 06/21/2004 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Edwin Lake Turnage Harris and Graves PO Box 6263 Greenville, SC 29606 864-235-1331 Fax: 864-235-1741 Email: elt@harrisgraves.com TERMINATED: 05/04/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kirk J Angel Equal Employment Opportunity Commission 129 W Trade Street Suite 400 Charlotte, NC 28202 704-344-6880 TERMINATED: 04/09/2004

V. Defendant Palmetto Restaurant Group LLC

represented by Cherie Wilson Blackburn Nelson Mullins Riley and Scarborough PO Box 1806 Charleston, SC 29402 843-853-5200 Fax: 843-722-8700 Email: cherie.blackburn@nelsonmullins.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Debbie Whittle Durban

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Defendant Carolina Restaurant Group Inc
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Nelson Mullins Riley and Scarborough PO Box 11070 Columbia, SC 29211 803-799-2000 Fax: 803-255-9069 Email: debbie.durban@nelsonmullins.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jim O Stuckey, II Littler Mendelson 1201 Main Street Suite 1100 Columbia, SC 29201 803-799-9760 Fax: 803-753-9861 Email: jstuckey@littler.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sue Erwin Harper Nelson Mullins Riley and Scarborough PO Box 11070 Columbia, SC 29211 803-799-2000 Fax: 803-255-9034 Email: corky.harper@nelsonmullins.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David Brian McCormack Buist Moore Smythe and McGee PO Box 999 Charleston, SC 29402 843-722-3400 Fax: 843-723-7398 Email: dmccormack@buistmoore.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Marylin E Culp Littler Mendelson 100 N Tryon Street Suite 4150 Charlotte, NC 28202 704-972-7000
Nicole E Bourget Littler Mendelson
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CM/ECF - scd - Docket Report
Intervenor Defendant Palmetto Restaurant Group LLC
Intervenor Defendant Carolina Restaurant Group Inc
Intervenor Defendant Metrolina Restaurant Group LLC Intervenor Defendant Florida Restaurant Group LLC Intervenor Plaintiff Shakeenya Coley
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100 N Tryon Street Suite 4150 Charlotte, NC 28202 704-972-7000
represented by Cherie Wilson Blackburn (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jim O Stuckey, II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sue Erwin Harper (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David Brian McCormack (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Marylin E Culp (See above for address)
Nicole E Bourget (See above for address)
represented by David L Hood David Hood Law Office PO Box 535 Georgetown, SC 29442 843-527-8010 Fax: 843-436-3330 Email: davidhood@sc.rr.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
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Intervenor Plaintiff Shaketia Ford
Intervenor Plaintiff Angelia Gary
Intervenor Plaintiff Vernata Green
Intervenor Plaintiff Melody Grimmage
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Terry Ann Rickson Terry Ann Rickson Esquire Inc 102 Wappoo Creek Drive Number 8 Charleston, Sc 29412 843-722-1500 Fax: 843-722-7080 Email: assistant@ricksonlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David L Hood (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Terry Ann Rickson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David L Hood (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Terry Ann Rickson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David L Hood (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Terry Ann Rickson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David L Hood (See above for address) LEAD ATTORNEY
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Intervenor Plaintiff Marketia Kinzer
Intervenor Plaintiff Beverly Lewis
Intervenor Plaintiff Michell E Linen
Intervenor Plaintiff Wendy Reed
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ATTORNEY TO BE NOTICED
Terry Ann Rickson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David L Hood (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Terry Ann Rickson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David L Hood (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Terry Ann Rickson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David L Hood (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Terry Ann Rickson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David L Hood (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Terry Ann Rickson (See above for address) LEAD ATTORNEY
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V. Defendant Metrolina Restaurant Group LLC Defendant Florida Restaurant Group LLC Defendant Wendy's International Inc
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ATTORNEY TO BE NOTICED
represented by David Brian McCormack (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David Brian McCormack (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Lucinda Gardner Wichmann Barnwell Whaley Patterson and Helms 885 Island Park Drive Charleston, SC 29492-0197 843-577-7700 Fax: 843-577-7708 Email: cwichmann@barnwell-whaley.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Morris Dawes Cooke, Jr Barnwell Whaley Patterson and Helms PO Drawer H Charleston, SC 29402 843-577-7700 Fax: 843-577-7708 Email: mdc@barnwell-whaley.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Todd D Wozniak King and Spalding 191 Peachtree Street NE Suite 4600 Atlanta, GA 30303-1763 404-572-4600
William P Miles, Jr King and Spalding 191 Peachtree Street NE Suite 4600 Atlanta, GA 30303-1763
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404-572-4600

Date Filed 08/07/2003 08/07/2003 08/07/2003 09/22/2003 09/26/2003 10/17/2003 10/20/2003 10/20/2003 10/20/2003 10/20/2003 10/20/2003 10/21/2003 10/21/2003
10/30/2003

#

Docket Text

1 COMPLAINT; Service due by 12/5/03 for Carolina Rest Group, for Palmetto Rest Group (kmca) (Entered: 08/08/2003)
2 SUMMONS(ES) issued for defendant Palmetto Rest Group, defendant Carolina Rest Group (kmca) (Entered: 08/08/2003)
3 ANSWER to Local Rule 26 Interrogatories by plaintiff EEOC; jury demand (kmca) (Entered: 08/08/2003)
4 WAIVER OF SERVICE as to Carolina Rest Group Answer due on 10/21/03 for Carolina Rest Group (jtho) (Entered: 09/22/2003)
5 WAIVER OF SERVICE as to Palmetto Rest Group Answer due on 10/31/03 for Palmetto Rest Group (kmca) (Entered: 09/26/2003)
CASE reassigned from Judge Norton to Judge Patrick Michael Duffy (glev) (Entered: 10/17/2003)
6 ANSWER to Local Rule 26 Interrogatories by defendant Carolina Rest Group; jury demand (cmur) (Entered: 10/21/2003)
7 MOTION by defendant Carolina Rest Group to dismiss (cmur) (Entered: 10/21/2003)
8 MEMORANDUM by defendant Carolina Rest Group in support of [7-1] motion to dismiss (cmur) (Entered: 10/21/2003)
10 ANSWER to Complaint by defendant Palmetto Rest Group (Attorney Sue Erwin Harper, Jim O Stuckey II, Cherie Wilson Blackburn) (gpea) (Entered: 10/21/2003)
11 ANSWER to Local Rule 26 Interrogatories by defendant Palmetto Rest Group (gpea) (Entered: 10/21/2003)
9 NOTICE of Judge reassignment (jwol) (Entered: 10/21/2003)
12 CONFERENCE AND SCHEDULING ORDER setting 26(f) Conference no later than 11/10/03 ; 26(a) Initial Disclosures served by 11/24/03 ; 26(f) Report filed by 11/24/03 ; Joining of parties,amending of pleadings on 12/19/03 ; Plaintiff's ID of Experts set for 1/19/04 ; Defendant's ID of Experts set for 2/17/04 ; Records Custodian Affidavit filed by 2/17/04 ; Discovery cutoff 4/19/04 ; Motion In Limine filed by 7/12/04 ; Deadline for filing of all motions 5/3/04 ; 26(a)3 Pretrial Disclosures filed by 7/16/04 ; Pretrial Brief filed by 7/26/04 ; Jury Selection deadline set for 8/2/04 ; ADR Statement/Cert due by 6/1/04 Mediation deadline for 7/1/04 ( signed by Magistrate Judge George C. Kosko ) eod 10/22/03 (cmur) (Entered: 10/22/2003)
13 MOTION by defendant Carolina Rest Group for Nicole E. Bourget to appear pro hac vice FILING FEE AMOUNT $100.00 Receipt # 200-17484 (cmur) (Entered:

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10/30/2003 10/30/2003 10/30/2003 11/04/2003 11/04/2003 11/07/2003
11/07/2003 11/07/2003 11/07/2003 11/07/2003 11/13/2003 11/17/2003 11/19/2003
12/08/2003

10/30/2003)
14 AFFIDAVIT of Nicole E. Bourget by defendant Carolina Rest Group Re: [13-1] motion for Nicole E. Bourget to appear pro hac vice FILING FEE AMOUNT $100.00 Receipt # 200-17484 (cmur) (Entered: 10/30/2003)
15 MOTION by defendant Carolina Rest Group for Marylin E. Culp to appear pro hac vice FILING FEE AMOUNT $100.00 Receipt # 200-17485 (cmur) (Entered: 10/30/2003)
16 AFFIDAVIT of Marylin E. Culp by defendant Carolina Rest Group Re: [15-1] motion for Marylin E. Culp to appear pro hac vice FILING FEE AMOUNT $100.00 Receipt # 200-17485 (cmur) (Entered: 10/30/2003)
17 ORDER granting [13-1] motion for Nicole E. Bourget to appear pro hac vice FILING FEE AMOUNT $100.00 Receipt # 200-17484 ( signed by Judge David C. Norton ) (cmur) (Entered: 11/04/2003)
18 ORDER granting [15-1] motion for Marylin E. Culp to appear pro hac vice FILING FEE AMOUNT $100.00 Receipt # 200-17485 ( signed by Judge David C. Norton ) (cmur) (Entered: 11/04/2003)
19 RESPONSE in OPPOSITION by plaintiff EEOC to defendant CRG's [7-1] motion to dismiss (with attachment + exhibit A = affidavit of Edwin Turnage, B,C,D,E,F,G = copy of affidavit of Donna Crawford, H,I,J,K,L,M = copy of affidavit of Alex Boatman, N,O,P = affidavit of Charlotte Watts with exhibits 1-5, and exhibit S) (kmca) (Entered: 11/10/2003)
20 AFFIDAVIT of Edwin L. Turnage with attachment by plaintiff EEOC Re: [19-1] motion response (kmca) Modified on 11/10/2003 (Entered: 11/10/2003)
21 AFFIDAVIT of Charlotte Watts by plaintiff EEOC Re: [19-1] motion response (kmca) (Entered: 11/10/2003)
22 MOTION by plaintiff EEOC to amend [1-1] complaint (kmca) (Entered: 11/10/2003)
23 MEMORANDUM by plaintiff EEOC in support of [22-1] motion to amend [1-1] complaint (kmca) (Entered: 11/10/2003)
24 NOTICE of Hearing before Magistrate Judge George C. Kosko set Motion Hearing to 11:00 11/19/03 for [22-1] motion to amend [1-1] complaint (obri) (Entered: 11/13/2003)
25 REPLY by defendant Carolina Rest Group to [19-1] motion response (cmur) (Entered: 11/17/2003)
26 MOTION HEARING [22-1] motion to amend [1-1] complaint held ORAL ORDER granting [22-1] motion to amend [1-1] complaint; Attorneys to confer on jurisdictional issues and report back to Court by 12/8/03 (before Magistrate Judge George C. Kosko ) Court Reporter: Gilbert O'Brien,ESR. (obri) Modified on 11/19/2003 (Entered: 11/19/2003)
27 MEMORANDUM with exhibits A-C by plaintiff EEOC in opposition to [25-1] reply (jtho) (Entered: 12/08/2003)

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12/16/2003 12/18/2003 12/18/2003 12/18/2003 12/18/2003 12/18/2003
12/22/2003 01/12/2004
01/12/2004 01/14/2004 01/14/2004 01/20/2004 01/20/2004 01/20/2004 01/20/2004 01/20/2004

28 NOTICE of Hearing set status conference for 10:00 12/23/03 before Magistrate Judge George C. Kosko (cmur) (Entered: 12/16/2003)
29 NOTICE of Hearing reset status conference for 9:30 12/23/03 before Magistrate Judge George C. Kosko (obri) (Entered: 12/18/2003)
30 CONSENT ORDER to intervene by individual plaintiffs ( signed by Magistrate Judge George C. Kosko ) eod 12/19/03 (cmur) (Entered: 12/19/2003)
31 Intervenor's COMPLAINT against defendant Palmetto Rest Group, defendant Carolina Rest Group, defendant Metrolina Rest Group, defendant Florida Rest Group; jury demand (cmur) (Entered: 12/19/2003)
32 SUMMONS(ES) issued for defendant Metrolina Rest Group, defendant Florida Rest Group, defendant Wendy's Intl Inc (cmur) (Entered: 12/19/2003)
33 ANSWER to Local Rule 26 Interrogatories by intervenor-plaintiff Shakeenya Coley, intervenor-plaintiff Shaketia Ford, intervenor-plaintiff Angelia Gary, intervenor-plaintiff Vernata Green, intervenor-plaintiff Melody Grimmage, intervenor-plaintiff Marketia Kinzer, intervenor-plaintiff Beverly Lewis, intervenor-plaintiff Michell E Linen, intervenor-plaintiff Wendy Reed; jury demand (cmur) (Entered: 12/19/2003)
34 NOTICE of Hearing reset status conference for 10:00 1/12/04 before Magistrate Judge George C. Kosko (obri) (Entered: 12/22/2003)
35 STATUS CONFERENCE held before Magistrate Judge George C. Kosko ORAL ORDER Court allows Plaintiff to submit amended complaint on newly named defendants; Defendant to withdraw Motion to Dismiss at a later date Court Reporter: Gilbert O'Brien,ESR. (obri) (Entered: 01/12/2004)
36 ANSWER to intervenors' Complaint by defendant Wendy's Intl Inc, Assignment Interrogatories due on 1/22/04 for Wendy's Intl Inc ; (cmur) (Entered: 01/13/2004)
37 NOTICE of Hearing set telephone Status conference for 2:00 1/21/04 before Magistrate Judge George C. Kosko (cmur) (Entered: 01/14/2004)
38 ANSWER to Local Rule 26 Interrogatories by defendant Wendy's Intl Inc; jury demand (cmur) (Entered: 01/15/2004)
39 MOTION by defendant Metrolina Rest Group, defendant Florida Rest Group to dismiss intervenors' complaint (erav) (Entered: 01/21/2004)
40 MEMORANDUM by defendant Metrolina Rest Group, defendant Florida Rest Group in support of [39-1] motion to dismiss intervenors' complaint w/attached affidavit of Gary M. Miller. (erav) (Entered: 01/21/2004)
41 ANSWER to Local Rule 26.01 Interrogatories by defendant Metrolina Rest Group; jury demand (erav) (Entered: 01/21/2004)
42 ANSWER to Local Rule 26.01 Interrogatories by defendant Florida Rest Group; jury demand (erav) (Entered: 01/21/2004)
43 MOTION by defendant Carolina Rest Group to dismiss intervenors' complaint (erav) (Entered: 01/21/2004)

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01/20/2004 01/23/2004 01/23/2004 01/23/2004 01/23/2004 01/30/2004 01/30/2004 02/10/2004 02/11/2004 02/11/2004 02/11/2004
02/17/2004 02/19/2004

44 MEMORANDUM by defendant Carolina Rest Group in support of [43-1] motion to dismiss intervenors' complaint (erav) (Entered: 01/21/2004)
45 MOTION by defendant Wendy's Intl Inc for William P. Miles, Jr. to appear pro hac vice FILING FEE AMOUNT $100 Receipt # scx200000563 (cmur) (Entered: 01/26/2004)
46 AFFIDAVIT of William P. Miles, Jr. by defendant Wendy's Intl Inc Re: [45-1] motion for William P. Miles, Jr. to appear pro hac vice FILING FEE AMOUNT $100 Receipt # scx200000563 (cmur) (Entered: 01/26/2004)
47 MOTION by defendant Wendy's Intl Inc for Todd D. Wozniak to appear pro hac vice FILING FEE AMOUNT $100 Receipt # scx200000563 (cmur) (Entered: 01/26/2004)
48 AFFIDAVIT of Tod D. Wozniak by defendant Wendy's Intl Inc Re: [47-1] motion for Todd D. Wozniak to appear pro hac vice FILING FEE AMOUNT $100 Receipt # scx200000563 (cmur) (Entered: 01/26/2004)
49 ORDER granting [47-1] motion for Todd D. Wozniak to appear pro hac vice FILING FEE AMOUNT $100 Receipt # scx200000563 ( signed by Judge David C. Norton for Judge Duffy) (cmck) (Entered: 02/02/2004)
50 ORDER granting [45-1] motion for William P. Miles, Jr. to appear pro hac vice FILING FEE AMOUNT $100 Receipt # scx200000563 ( signed by Judge David C. Norton for Judge Duffy) (cmck) (Entered: 02/02/2004)
51 CONSENT ORDER extending time for Palmetto Restaurant Group to respond to Intervenor's Complaint. New deadline set for February 22, 2004. ( signed by Magistrate Judge George C. Kosko ) eod 2/10/04 (ssan) (Entered: 02/10/2004)
52 MOTION by plaintiff EEOC for Kirk Joseph Angel to appear pro hac vice FILING FEE AMOUNT (jtho) (Entered: 02/11/2004)
53 AFFIDAVIT of Kirk Joseph Angel by plaintiff EEOC Re: [52-1] motion for Kirk Joseph Angel to appear pro hac vice FILING FEE AMOUNT (jtho) (Entered: 02/11/2004)
54 MEMORANDUM by intervenor-plaintiff Shakeenya Coley, intervenor-plaintiff Shaketia Ford, intervenor-plaintiff Angelia Gary, intervenor-plaintiff Vernata Green, intervenor-plaintiff Melody Grimmage, intervenor-plaintiff Marketia Kinzer, intervenor-plaintiff Beverly Lewis, intervenor-plaintiff Michell E Linen, intervenor-plaintiff Wendy Reed in opposition to [43-1] motion to dismiss intervenors' complaint, [39-1] motion to dismiss intervenors' complaint (cmur) (Entered: 02/12/2004)
55 ORDER granting [52-1] motion for Kirk Joseph Angel to appear pro hac vice FILING FEE AMOUNT ( signed by Magistrate Judge George C. Kosko ) eod 2/18/04 (cmur) (Entered: 02/18/2004)
56 REPLY by defendant Metrolina Rest Group, defendant Florida Rest Group to intervenor plaintiffs'[54-1] memorandum in opposition to defendants' motions to dismiss (erav) (Entered: 02/20/2004)

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02/19/2004 02/23/2004 02/23/2004 03/25/2004 04/07/2004 04/09/2004 04/28/2004 04/28/2004 05/04/2004 05/04/2004 06/21/2004
06/21/2004

57 REPLY by defendant Carolina Rest Group to intervenor plaintiffs' [54-1] memorandum in opposition to defendants' motion to dismiss (erav) (Entered: 02/20/2004)
58 ANSWER to Intervenors' Complaint by defendant Palmetto Rest Group (Attorney Debbie Whittle Durban), (cram) (Entered: 02/24/2004)
59 ANSWER to Local Rule 26 Interrogatories by defendant Palmetto Rest Group; jury demand (cram) (Entered: 02/24/2004)
Minute entry: Per Judge Kosko's chambers Telephone conference held in chamber off record staying all matter until 5/20/04 (obri) (Entered: 03/25/2004)
60 MOTION by plaintiff EEOC for Kirk J Angel to withdraw as attorney (jtho) (Entered: 04/07/2004)
61 ORDER granting [60-1] motion for Kirk J Angel to withdraw as attorney (Terminated attorney Kirk J Angel for EEOC ( signed by Magistrate Judge George C. Kosko ) eod (cmur) (Entered: 04/09/2004)
62 MOTION by plaintiff EEOC for attorney Edwin L. Turnage to withdraw as attorney (dnap) (Entered: 04/28/2004)
63 MOTION by plaintiff EEOC to stay the proceedings until May 31, 2004 (dnap) (Entered: 04/28/2004)
64 ORDER granting [62-1] motion for attorney Edwin L. Turnage to withdraw as attorney ( signed by Magistrate Judge George C. Kosko ) eod 5/5/04 (cmur) (Entered: 05/05/2004)
65 ORDER granting [63-1] motion to stay the proceedings until May 31, 2004 ( signed by Magistrate Judge George C. Kosko ) eod 5/5/04 (cmur) (Entered: 05/05/2004)
66 ORDER (CONSENT DECREE) for settlement for the total sum of four hundred eighty-seven thousand five hundred thousand and .00/100 dollars ($487,500.00) of any and all claims raised , or which could have been raised by claimants against the Company. The Court shall retain jurisdiction of this case during the duration of this Consent Decree for purposes of resolving controversies arising under this Consent Decree and for entry of any orders that may be necessary to resolve such controversies or to enforce the terms of this Consent Decree. Full details set forth in order (Consent Decree); with all parties to bear their own attorneys' fees and costs This consent decree operates as a final dismissal with prejudice of all claims made. ( signed by Judge Patrick Michael Duffy ) eod (cmur) Modified on 06/21/2004 (Entered: 06/21/2004)
Case closed (cmur) (Entered: 06/21/2004)

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